Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, SECOND SESSION

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, THURSDAY, SEPTEMBER 12, 1996 No. 125 House of Representatives

The House met at 10 a.m. CONFERENCE REPORT ON H.R. 3816, expended, of which funds are provided for the Rev. Kenneth P. Rogers, pastor, ENERGY AND WATER DEVELOP- following projects in the amounts specified: Lewisville Bible Church, Lewisville, MENT APPROPRIATIONS ACT, Norco Bluffs, California $180,000; San Joaquin River Basin, Caliente Creek, TX, offered the following prayer: 1997 California, $150,000; Our Father in heaven, holy is Your Mr. MYERS of Indiana submitted the Tampa Harbor, Alafia Channel, Florida, name. following conference report and state- $100,000; You are the Sovereign Lord of the ment on the bill (H.R. 3816) making ap- Lake George, Hobart, Indiana, $100,000; universe, the Creator, the God of our propriations for energy and water de- Little Calumet River Basin, Cady Marsh Ditch, Indiana, $200,000; Founding Fathers, the One who sent velopment for the fiscal year ending His Son to die for our sins and to rise Tahoe Basin Study, Nevada and California, September 30, 1997, and for other pur- $100,000; again that we might have eternal life poses. Barnegat Inlet to Little Egg Harbor Inlet, New through faith in Him. Jersey, $300,000; We ask for wisdom for the activities CONFERENCE REPORT (H. REPT. 104–782) Brigantine Inlet to Great Egg Harbor Inlet, and decisions that are made here The Committee of Conference on the dis- New Jersey, $360,000; today. Guide and bless these men and agreeing votes of the two Houses on the Great Egg Harbor Inlet to Townsends Inlet, women who have been sent here by the amendment of the Senate to the bill (H.R. New Jersey, $200,000; people of the States that they rep- 3816) ‘‘making appropriations for energy and Manasquan Inlet to Barnegat Inlet, New Jer- water development for the fiscal year ending sey, $250,000; resent. Bless their families with love September 30, 1997, and for other purposes,’’ Townsends Inlet to Cape May Inlet, New Jer- and peace. having met, after full and free conference, sey, $245,000; May this Congress pass laws that will have agreed to recommend and do rec- South Shore of Staten Island, New York, strengthen families, strengthen the ommend to their respective Houses as fol- $200,000; spiritual and moral fiber of our Nation, lows: Mussers Dam, Middle Creek, Snyder County, and contribute to unity, justice, and That the House recede from its disagree- Pennsylvania, $450,000; peace. ment to the amendment of the Senate, and Rhode Island South Coast, Habitat Restora- agree to the same with an amendment, as tion and Storm Damage Reduction, Rhode Is- Lord, what we do matters to You. follows: land, $100,000; In the name of Jesus Christ, our Sav- In lieu of the matter stricken and inserted Monongahela River, West Virginia, $500,000; ior. Amen. by said amendment insert: Monongahela River, Fairmont, West Virginia, That the following sums are appropriated, out $100,000; and f of any money in the Treasury not otherwise ap- Tygart River Basin, Philippi, West Virginia, propriated, for the fiscal year ending September $100,000. THE JOURNAL 30, 1997, for energy and water development, and CONSTRUCTION, GENERAL The SPEAKER. The Chair has exam- for other purposes, namely: For the prosecution of river and harbor, flood ined the Journal of the last day’s pro- TITLE I control, shore protection, and related projects ceedings and announces to the House DEPARTMENT OF DEFENSE—CIVIL authorized by laws; and detailed studies, and his approval thereof. DEPARTMENT OF THE ARMY plans and specifications, of projects (including those for development with participation or Pursuant to clause 1, rule I, the Jour- CORPS OF ENGINEERS—CIVIL under consideration for participation by States, nal stands approved. The following appropriations shall be ex- local governments, or private groups) authorized pended under the direction of the Secretary of f or made eligible for selection by law (but such the Army and the supervision of the Chief of studies shall not constitute a commitment of the Engineers for authorized civil functions of the Government to construction), $1,081,942,000, to PLEDGE OF ALLEGIANCE Department of the Army pertaining to rivers remain available until expended, of which such The SPEAKER. Will the gentleman and harbors, flood control, beach erosion, and sums as are necessary pursuant to Public Law related purposes. from Ohio [Mr. PORTMAN] come forward 99–662 shall be derived from the Inland Water- and lead the House in the Pledge of Al- GENERAL INVESTIGATIONS ways Trust Fund, for one-half of the costs of legiance. For expenses necessary for the collection and construction and rehabilitation of inland water- study of basic information pertaining to river ways projects, including rehabilitation costs for Mr. PORTMAN led the Pledge of Al- and harbor, flood control, shore protection, and the Lock and Dam 25, Mississippi River, Illinois legiance as follows: related projects, restudy of authorized projects, and Missouri, Lock and Dam 14, Mississippi I pledge allegiance to the Flag of the miscellaneous investigations, and, when author- River, Iowa, and Lock and Dam 24, Mississippi United States of America, and to the Repub- ized by laws, surveys and detailed studies and River, Illinois and Missouri, projects, and of lic for which it stands, one nation under God, plans and specifications of projects prior to con- which funds are provided for the following indivisible, with liberty and justice for all. struction, $153,872,000, to remain available until projects in the amounts specified:

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

H10237 H10238 CONGRESSIONAL RECORD — HOUSE September 12, 1996 Red River Emergency Bank Protection, Ar- construction on the Joseph G. Minish Historic vided by a State, municipality or other public kansas, $3,000,000; Waterfront Park, New Jersey, project; further- agency, outside of harbor lines, and serving es- San Timoteo Creek (Santa Ana River more, the Secretary may transfer not to exceed sential needs of general commerce and naviga- Mainstem), California, $7,000,000; $900,000 from General Investigations appropriation; surveys and charting of northern and Indianapolis Central Waterfront, Indiana, tions made in Title I of the Energy and Water northwestern lakes and connecting waters; $7,000,000; Development Appropriations Act, Public Law clearing and straightening channels; and re- Indiana Shoreline Erosion, Indiana, 103–126 (107 STAT. 1313) for the Passaic River, moval of obstructions to navigation, $2,200,000; Mainstem, New Jersey, to Construction, General $1,697,015,000, to remain available until ex- Harlan (Levisa and Tug Forks of the Big for the Joseph G. Minish Historic Waterfront pended, of which such sums as become available Sandy River and Upper Cumberland River), Park, New Jersey, project and that the Commit- in the Harbor Maintenance Trust Fund, pursu- Kentucky, $18,000,000; tees on Appropriations of the House and Senate ant to Public Law 99–662, may be derived from Martine County (Levisa and Tug Forks of the shall be promptly advised of such transfer: Pro- that fund, and of which such sums as become Big Sandy River and Upper Cumberland River), vided further, That of the funds provided here- available from the special account established Kentucky, $350,000; in, $1,000,000 shall be for payment to the Kansas by the Land and Water Conservation Act of Middlesboro (Levisa and Tug Forks of the Big City Southern Industries, Inc. in partial reim- 1965, as amended (16 U.S.C. 460l), may be de- Sandy River and Upper Cumberland River), bursement of costs associated with the reloca- rived from that fund for construction, operation, Kentucky, $2,500,000; tion and modification of the Louisiana and Ar- and maintenance of outdoor recreation facili- Pike County (Levisa and Tug Forks of the Big kansas (L&A) Railway Bridge at Alexandria, ties, and of which funds are provided for the Sandy River and Upper Cumberland River), Louisiana, for navigation requirements of the following projects in the amounts specified: Kentucky, $2,000,000; Red River navigation project: Provided further, Raystown Lake, Pennsylvania, $4,190,000; and Town of Martin (Levisa and Tug Forks of the That using $500,000 of the funds appropriated Cooper Lake and Channels, Texas, $2,601,000: Big Sandy River and Upper Cumberland River), for the Passaic River Mainstem, New Jersey, Provided, That using $1,000,000 of the funds ap- Kentucky, $300,000; project under the heading ‘‘General Investiga- propriated herein, the Secretary of the Army, Williamsburg (Levisa and Tug Forks of the tions’’ in Public law 103–126, the Secretary of acting through the Chief of Engineers, is di- Big Sandy River and Upper Cumberland River), the Army, acting through the Chief of Engi- rected to design and construct a landing at Kentucky, $4,050,000; neers, is directed to begin implementation of the Guntersville, Alabama, as described in the Mas- Salyersville, Kentucky, $3,000,000; Passaic River Preservation of Natural Storage ter Plan Report of the Nashville District titled Lake Pontchartrain and Vicinity, Louisiana, Areas separable element of the Passaic River ‘‘Guntersville Landing’’ dated June, 1996: Pro- $17,025,000; Flood Reduction Project, New Jersey: Provided vided further, That the Secretary of the Army is Lake Pontchartrain (Jefferson Parish) further, That the Secretary of the Army, acting directed to design and implement at full Federal Stormwater Discharge, Louisiana, $4,750,000; through the Chief of Engineers, is authorized expense an early flood warning system for the Red River below Denison Dam Levee and and directed to initiate construction on the fol- Greenbrier and Cheat River Basins, West Vir- Bank Stabilization, Louisiana, Arkansas, and lowing projects in the amounts specified: ginia within eighteen months from the date of Texas, $100,000; Humboldt Harbor, California, $2,500,000; enactment of this Act: Provided further, That Red River Emergency Bank Protection, Lou- San Lorenzo River, California, $200,000; the Secretary of the Army is directed during fis- isiana, $3,400,000; Faulkner’s Island, Connecticut, $1,500,000; cal year 1997 to maintain a minimum conserva- Glen Foerd, Pennsylvania, $800,000; Chicago Shoreline, Illinois, $8,000,000; tion pool level of 475.5 at Wister Lake in Okla- South Central Pennsylvania Environmental Pond Creek, Jefferson City, Kentucky, homa: Provided further, That no funds, whether Restoration Infrastructure and Resource Protec- $1,500,000; appropriated, contributed, or otherwise pro- tion Development Pilot Program, Pennsylvania, Natchez Bluff, Mississippi, $4,500,000; vided, shall be available to the United States $7,000,000; Wood River, Grand Isle, Nebraska, $1,000,000; Army Corps of Engineers for the purpose of ac- Seekonk River, Rhode Island Bridge removal, New York City Watershed, New York, quiring land in Jasper County, South Carolina, $650,000; $1,000,000; Wallisville Lake, Texas, $7,500,000; in connection with the Savannah Harbor navi- Duck Creek, Cincinnati, Ohio, $466,000; Richmond Filtration Plant, Virginia, gation project: Provided further, That the Sec- Saw Mill Run, Pittsburgh, Pennsylvania, $3,500,000; retary of the Army is directed to use $600,000 of $500,000; Virginia Beach, Virginia $8,000,000; funding provided herein to perform maintenance West Virginia and Pennsylvania Flooding, Hatfield Bottom (Levisa and Tug Forks of the dredging of the Cocheco River navigation West Virginia and Pennsylvania, $1,000,000; Big Sandy River and Upper Cumberland River), project, New Hampshire. Upper Jordan River, Utah, $500,000 West Virginia, $1,300,000; REGULATORY PROGRAM San Juan Harbor, Puerto Rico, $800,000; and Lower Mingo (Kermit) (Levisa and Tug Forks For expenses necessary for administration of Allendale Dam, Rhode Island, $195,000: Pro- of the Big Sandy River and Upper Cumberland laws pertaining to regulation of navigable wa- vided further, That no fully allocated funding River), West Virginia, $4,000,000; ters and wetlands, $101,000,000, to remain avail- policy shall apply to construction of the projects Lower Mingo, West Virginia, Tributaries Sup- able until expended. listed above, and the Secretary of the Army is plement, $105,000; and FLOOD CONTROL AND COASTAL EMERGENCIES directed to undertake these projects using con- Upper Mingo County (Levisa and Tug Forks For expenses necessary for emergency flood tinuing contracts where sufficient funds to com- of the Big Sandy River and Upper Cumberland control, hurricane, and shore protection activi- plete the projects are not available from funds River), West Virginia, $3,500,000: Provided, That ties, as authorized by section 5 of the Flood provided herein or in prior years. of the funds provided for the Red River Water- Control Act approved August 18, 1941, as way, Mississippi River to Shreveport, Louisiana, FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- amended, $10,000,000, to remain available until project, $3,000,000 is provided, to remain avail- TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- expended; Provided, That the Secretary of the able until expended, for design and construction ISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE Army, acting through the Chief of Engineers, is of a regional visitor center in the vicinity of For expenses necessary for prosecuting work directed to use up to $8,000,000 of the funds ap- Shreveport, Louisiana at full Federal expense: of flood control, and rescue work, repair, res- propriated herein and under this heading in Provided further, That the Secretary of the toration, or maintenance of flood control Public Law 104–134 to rehabilitate non-Federal Army, acting through the Chief of Engineers, is projects threatened or destroyed by flood, as au- flood control levees along the Puyallup and directed to use $1,000,000 of the funds appro- thorized by law (33 U.S.C. 702a, 702g–1), Carbon Rivers in Pierce County, Washington. priated in Public Law 104–46 for construction of $310,374,000, to remain available until expended: GENERAL EXPENSES the Ohio River Flood Protection, Indiana, Provided, That the President of the Mississippi For expenses necessary for general adminis- project: Provided further, That the Secretary of River Commission is directed henceforth to use tration and related functions in the Office of the Army, acting through the Chief of Engi- the variable cost recovery rate set forth in OMB the Chief of Engineers and offices of the Divi- neers, is directed, in cooperation with State, Circular A–126 for use of the Commission air- sion Engineers; activities of the Coastal Engi- county, and city officials and in consultation craft authorized by the Flood Control Act of neering Research Board, the Humphreys Engi- with the Des Moines River Greenbelt Advisory 1946, Public Law 526: Provided further, That neer Center Support Activity, the Engineering Committee, to provide highway and other signs notwithstanding the funding limitations set Strategic Studies Center, and the Water Re- appropriate to direct the public to the bike trail forth in Public Law 104–6 (109 Stat. 85), the Sec- sources Support Center, and for costs of imple- which runs from downtown Des Moines, Iowa, retary of the Army, acting through the Chief of menting the Secretary of the Army’s plan to re- to the Big Creek Recreation area at the Corps of Engineers, is authorized and directed to use ad- duce the number of division offices as directed Engineers Saylorville Lake project and the wild- ditional funds appropriated herein or previously in title I, Public Law 104–46, $149,000,000, to re- life refuge in Jasper and Marion Counties in appropriated to complete remedial measures to main available until expended: Provided, That Iowa authorized in Public Law 101–302: Pro- prevent slope instability at Hickman Bluff, Ken- no part of any other appropriation provided in vided further, That any law, regulation, docu- tucky. title I of this Act shall be available to fund the ments or record of the United States in which OPERATION AND MAINTENANCE, GENERAL activities of the Office of the Chief of Engineers such projects are referred to shall be held to For expenses necessary for the preservation, or the executive direction and management ac- refer to the bike trail as the Neal Smith Bike operation, maintenance, and care of existing tivities of the Division Offices: Provided further, Trail and to such centers as the Neal Smith river and harbor, flood control, and related That with funds provided herein and notwith- Prairie Wildlife Learning Center: Provided fur- works, including such sums as may be necessary standing any other provision of law, the Sec- ther, That the Secretary is directed to initiate for the maintenance of harbor channels pro- retary of the Army shall develop and submit to September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10239 the Congress (including the Committee on Envi- through an appropriations Act or resolution of BUREAU OF RECLAMATION ronment and Public Works of the Senate and the then-current fiscal year or the two fiscal For carrying out the functions of the Bureau the Committee on Transportation and Infra- years immediately prior to that fiscal year, in of Reclamation as provided in the Federal rec- structure of the House of Representatives) with- order to prevent the termination of a contract or lamation laws (Act of June 17, 1902, 32 Stat. 388, in 60 days of enactment of this Act, a plan the delay of scheduled work. and Acts amendatory thereof or supplementary which reduces the number of division offices SEC. 107. The Corps of Engineers is hereby di- thereto) and other Acts applicable to that Bu- within the United States Army Corps of Engi- rected to complete the Charleston Riverfront reau as follows: neers to no less than 6 and no more than 8, with (Haddad) Park Project, West Virginia, as de- GENERAL INVESTIGATIONS each division responsible for at least 4 district scribed in the design memorandum approved No- offices, but does not close or change any civil vember, 1992, on a 50–50 cost-share basis with For engineering and economic investigations function of any district office: Provided further, the City. The Corps of Engineers shall pay one- of proposed Federal reclamation projects and That notwithstanding any other provision of half of all costs for settling contractor claims on studies of water conservation and development law, the Secretary of the Army is directed to the completed project and for completing the plans and activities preliminary to the recon- begin implementing the division office plan on wharf. The Federal portion of these costs shall struction, rehabilitation and betterment, finan- April 1, 1997: Provided further, That up to be obtained by reprogramming available Oper- cial adjustment, or extension of existing $1,500,000 may be transferred to this account ations & Maintenance funds. The project cost projects, $16,650,000, to remain available until from any other appropriation account in this limitation in the Project Cooperation Agreement expended: Provided, That of the total appro- title. shall be increased to reflect the actual costs of priated, the amount for program activities which can be financed by the reclamation fund ADMINISTRATIVE PROVISION the completed project. shall be derived from that fund: Provided fur- Appropriations in this title shall be available SEC. 108. The flood control project for Arkan- ther, That funds contributed by non-Federal en- for official reception and representation ex- sas City, Kansas authorized by section 401(a) of tities for purposes similar to this appropriation penses (not to exceed $5,000); and during the the Water Resources Development Act of 1986 shall be available for expenditure for the pur- current fiscal year the revolving fund, Corps of (Public Law 99–662, 100 Stat. 4116) is modified to poses for which contributed as though specifi- Engineers, shall be available for purchase (not authorize the Secretary of the Army to construct cally appropriated for said purposes, and such to exceed 100 for replacement only) and hire of the project at a total cost of $38,500,000, with an amounts shall remain available until expended: passenger motor vehicles. estimated first Federal cost of $28,100,000 and an estimated first non-Federal cost of $10,400,000. Provided further, That of the total appro- GENERAL PROVISIONS priated, $250,000 shall be available to complete SEC. 109. Funds previously provided under the CORPS OF ENGINEERS—CIVIL Fiscal Year 1993 Energy and Water Develop- the appraisal study and initiate preconstruction SEC. 101. (a) In fiscal year 1997, the Secretary ment Act, Public Law 102–377, for the Elk Creek engineering and design for the Del Norte Coun- of the Army shall advertise for competitive bid Dam, Oregon project, are hereby made available ty and Crescent City, California, Wastewater at least 8,500,000 cubic yards of the hopper to plan and implement long term management Reclamation Project, and $250,000 shall be avail- dredge volume accomplished with government measures at Elk Creek Dam to maintain the able to complete the appraisal study, and initi- owned dredges in fiscal year 1992. project in an uncompleted state and to take nec- ate preconstruction engineering and design for (b) Notwithstanding the provisions of this sec- essary steps to provide passive fish passage the Fort Bragg, California, Water Supply tion, the Secretary is authorized to use the through the project. Project. dredge fleet of the Corps of Engineers to under- SEC. 110. The Secretary of the Army is author- CONSTRUCTION PROGRAM take projects when industry does not perform as ized and directed to modify the project for the required by the contract specifications or when (INCLUDING TRANSFER OF FUNDS) Hudson River, New York, New York City to Wa- the bids are more than 25 percent in excess of For construction and rehabilitation of projects terford, authorized by the Act of June 25, 1910 what the Secretary determines to be a fair and and parts thereof (including power transmission (Public Law 264, 61st Congress, 36 Stat. 635), to reasonable estimated cost of a well equipped facilities for Bureau of Reclamation use) and for include design and construction of a 300-foot contractor doing the work or to respond to emer- other related activities as authorized by law, wide channel to a depth of 24 feet (mean low gency requirements. $394,056,000, to remain available until expended, water), extending from the existing Federal SEC. 102. None of the funds appropriated here- of which $22,410,000 shall be available for trans- channel in the vicinity of the Hudson City Light in or otherwise made available to the Army fer to the Upper Colorado River Basin Fund au- to the north dock at Union Street, Athens, New Corps of Engineers, including amounts con- thorized by section 5 of the Act of April 11, 1956 York. tained in the Revolving Fund of the Army Corps (43 U.S.C. 620d), and $58,740,000 shall be avail- EC. 111. Section 109(a) of Public Law 104–46 of Engineers, may be used to study, design or S able for transfer to the Lower Colorado River (109 Stat. 408) with regard to Prestonsburg, undertake improvements or major repair of the Basin Development Fund authorized by section Kentucky, is amended by striking ‘‘Modification Federal vessel, McFARLAND, except for normal 403 of the Act of September 30, 1968 (43 U.S.C. No. 2’’ and inserting ‘‘Modification No. 3’’. maintenance and repair necessary to maintain 1543), and such amounts as may be necessary the vessel McFARLAND’s current operational SEC. 112. The emergency gate construction shall be considered as though advanced to the condition. project for Abiquiu Dam, New Mexico, author- Colorado River Dam Fund for the Boulder Can- SEC. 103. The flood control project for Moore- ized by section 1112 of the Water Resources De- yon Project as authorized by the Act of Decem- field, West Virginia, authorized by section velopment Act of 1986 (Public Law 99–662, 100 ber 21, 1928, as amended: Provided, That of the 101(a)(25) of the Water Resources Development stat. 4232) is modified to authorize the Secretary total appropriated, the amount for program ac- Act of 1990 (Public Law 101–640, 104 Stat. 4610) of the Army, acting through the Chief of Engi- tivities which can be financed by the reclama- is modified to authorize the Secretary of the neers, to construct the project at an estimated tion fund shall be derived from that fund: Pro- Army to construct the project at a total cost of total cost of $7,000,000. The non-Federal share vided further, That transfers to the Upper Colo- $26,200,000, with an estimated first Federal cost of the project shall be 25 percent of those costs rado River Basin Fund and Lower Colorado of $20,300,000 and an estimated first non-Federal of the project attributable to an increase in River Basin Development Fund may be in- cost of $5,900,000. flood protection as a result of the installation of creased or decreased by transfers within the SEC. 104. The project for navigation, Grays such gates. overall appropriation under this heading: Pro- Landing Lock and Dam, Monongahela River, TITLE II vided further, That funds contributed by non- Pennsylvania (Lock and Dam 7 Replacement), DEPARTMENT OF THE INTERIOR Federal entities for purposes similar to this ap- authorized by section 301(a) of the Water Re- propriation shall be available for expenditures CENTRAL UTAH PROJECT sources Development Act of 1986 (Public Law 99– for the purposes for which contributed as 662, 100 Stat. 4410) is modified to authorize the CENTRAL UTAH PROJECT COMPLETION ACCOUNT though specifically appropriated for said pur- Secretary of the Army to construct the project at For the purpose of carrying out provisions of poses, and such funds shall remain available a total cost of $181,000,000, with an estimated the Central Utah Project Completion Act, Public until expended: Provided further, That all costs first Federal cost of $181,000,000. Law 102–575 (106 Stat. 4605), and for feasibility of the safety of dams modification work at Coo- SEC. 105. From the date of enactment of this studies of alternatives to the Uintah and Upalco lidge Dam, San Carlos Irrigation Project, Ari- Act, non-structural flood control measures im- Units, $42,527,000, to remain available until ex- zona, performed under the authority of the Rec- plemented under Section 202(a) of Public Law pended, of which $16,700,000 shall be deposited lamation Safety of Dams Act of 1978 (43 U.S.C. 96–367 shall prevent future losses that would into the Utah Reclamation Mitigation and Con- 506), as amended, are in addition to the amount occur from a flood equal in magnitude to the servation Account: Provided, That of the authorized in section 5 of said Act: Provided April 1977 level by providing protection from the amounts deposited in to the Account, $5,000,000 further, That section 301 of Public Law 102–250, April 1977 level or the 100-year frequency event, shall be considered the Federal contribution au- Reclamation States Emergency Drought Relief whichever is greater. thorized by paragraph 402(b)(2) of the Act and Act of 1991, is amended by inserting ‘‘1996, and SEC. 106. Notwithstanding any other provision $11,700,000 shall be available to the Utah Rec- 1997’’ in lieu of ‘‘and 1996’’: Provided further, of law, the Secretary of the Army, acting lamation Mitigation and Conservation Commis- That the amount authorized by section 210 of through the Chief of Engineers, is authorized to sion to carry out activities authorized under the Public Law 100–557 (102 Stat. 2791), is amended reprogram, obligate and expend such additional Act. to $56,362,000 (October 1996 prices plus or minus sums as are necessary to continue construction In addition, for necessary expenses incurred cost indexing), and funds are authorized to be and cover anticipated contract earnings of any in carrying out responsibilities of the Secretary appropriated through the twelfth fiscal year water resources project that received an appro- of the Interior under the Act, $1,100,000, to re- after construction funds are first made avail- priation or allowance for construction in or main available until expended. able. H10240 CONGRESSIONAL RECORD — HOUSE September 12, 1996

Provided further, That utilizing funds appro- SPECIAL FUNDS decommissioning remedial actions and other ac- priated for the Tucson Aqueduct System Reli- (TRANSFER OF FUNDS) tivities of title II of the Atomic Energy Act of ability Investigation, the Bureau of Reclamation Sums herein referred to as being derived from 1954 and title X, subtitle A of the Energy Policy is directed to complete, by the end of fiscal year the reclamation fund or special fee account are Act of 1992, $200,200,000, to be derived from the 1997, the environmental impact statement being appropriate from the special funds in the Treas- Fund, to remain available until expended: Pro- conducted on the proposed surface reservoir. ury created by the Act of June 17, 1902 (43 vided, That $34,000,000 of amounts derived from The Bureau of Reclamation is further directed U.S.C. 391) or the Act of December 22, 1987 (16 the Fund for such expenses shall be available in to work with the City of Tucson on any out- U.S.C. 460l–6a, as amended), respectively. Such accordance with title X, subtitle A, of the En- standing issues related to the preferred alter- sums shall be transferred, upon request of the ergy Policy Act of 1992. native. Secretary, to be merged with and expended GENERAL SCIENCE AND RESEARCH ACTIVITIES OPERATION AND MAINTENANCE under the heads herein specified. For expenses of the Department of Energy ac- ADMINISTRATIVE PROVISION tivities including the purchase, construction For operation and maintenance of reclama- and acquisition of plant and capital equipment Appropriations for the Bureau of Reclamation tion projects or parts thereof and other facili- and other expenses necessary for general science shall be available for purchase of not to exceed ties, as authorized by law; and for a soil and and research activities in carrying out the pur- 6 passenger motor vehicles for replacement only. moisture conservation program on lands under poses of the Department of Energy Organization the jurisdiction of the Bureau of Reclamation, TITLE III Act (42 U.S.C. 7101, et seq.), including the acqui- pursuant to law, $267,876,000, to remain avail- DEPARTMENT OF ENERGY sition or condemnation of any real property of able until expended: Provided, That of the total ENERGY PROGRAMS facility or for plant or facility acquisition, con- appropriated, the amount for program activities struction, or expansion, $996,000,000, to remain ENERGY SUPPLY, RESEARCH AND DEVELOPMENT which can be financed by the reclamation fund available until expended. shall be derived from that fund, and the amount ACTIVITIES NUCLEAR WASTE DISPOSAL FUND for program activities which can be derived from For expense of the Department of Energy ac- For nuclear waste disposal activities to carry the special fee account established pursuant to tivities including the purchase, construction out the purposes of Public Law 97–425, as the Act of December 22, 1987 (16 U.S.C. 460l–6a, and acquisition of plant and capital equipment amended, including the acquisition of real prop- as amended), may be derived from that fund: and other expenses necessary for energy supply, erty or facility construction or expansion, Provided further, That funds advanced by research and development activities in carrying $182,000,000 to remain available until expended, water users for operation and maintenance of out the purposes of the Department of Energy to be derived from the Nuclear Waste Fund: Pro- reclamation projects or parts thereof shall be de- Organization Act (42 U.S.C. 7101, et seq.), in- vided, That none of the funds provided herein posited to the credit of this appropriation and cluding the acquisition or condemnation of any shall be distributed to the State of Nevada or af- may be expended for the same purpose and in real property or any facility or for plant or fa- fected units of local government (as defined by the same manner as sums appropriated herein cility acquisition, construction, or expansion; Public Law 97–425) by direct payment, grant, or may be expended, and such advances shall repurchase of passager motor vehicles (not to ex- other means, for financial assistance under sec- main available until expended: Provided fur- ceed 24 for replacement only), $2,710,908,000, to tion 116 of the Nuclear Waste Policy Act of 1982, ther, That revenues in the Upper Colorado River remain available until expended. as amended: Provided further, That the fore- Basin Fund shall be available for performing ex- URANIUM SUPPLY AND ENRICHMENT ACTIVITIES going proviso shall not apply to payments in amination of existing structures on participating For expenses of the Department of Energy in lieu of taxes under section 116(c)(3)(A) of the projects of the Colorado River Storage Project. connection with operating expenses; the pur- Nuclear Waste Policy Act of 1982, as amended BUREAU OF RECLAMATION LOAN PROGRAM chase, construction, and acquisition of plant no later than September 30, 1998, the Secretary ACCOUNT and capital equipment and other expenses nec- shall provide to the President and to the Con- essary for uranium supply and enrichment ac- For the cost of direct loans and/or grants, gress a viability assessment of the Yucca Moun- tivities in carrying out the purposes of the De- $12,290,000, to remain available until expended, tain site. The viability assessment shall include: partment of Energy Organization Act (42 U.S.C. as authorized by the Small Reclamation Projects (1) the preliminary design concept for the crit- 7101, et seq.) and the Energy Policy Act (Public Act of August 6, 1956, as amended (43 U.S.C. ical elements for the repository and waste pack- Law 102–486, section 901), including the acquisi- 422a–422l); Provided, That such costs, including age; tion or condemnation of any real property or the cost of modifying such loans, shall be as de- (2) a total system performance assessment, any facility or for plant or facility acquisition, fined in section 502 of the Congressional Budget based upon the design concept and the scientific construction, or expansion; purchase of elec- Act of 1974; Provided further, That these funds data and analysis available by September 30, tricity as necessary; and the purchase of pas- are available to subsidize gross obligations for 1998, describing the probable behavior of the re- senger motor vehicles (not to exceed 3 for re- the principal amount of direct loans not to ex- pository in the Yucca Mountain geological set- placement only); $43,200,000, to remain available ceed $37,000,000. ting relative to the overall system performance until expended: Provided, That revenues re- standards; In addition, for administrative expenses nec- ceived by the Department for uranium programs (3) a plan and cost estimate for the remaining essary to carry out the program for direct loans and estimated to total $42,200,000 in fiscal year work required to complete a license application; and/or grants, $425,000: Provided, That of the 1997 shall be retained and used for the specific and total sums appropriated, the amount of program purpose of offsetting costs incurred by the De- (4) an estimate of the costs to construct and activities which can be financed by the reclama- partment for such activities notwithstanding the operate the repository in accordance with the tion fund shall be derived from the fund. provisions of 31 U.S.C. 330-2(b) and 42 U.S.C. design concept. CENTRAL VALLEY PROJECT RESTORATION FUND 2296(b)(2): Provided further, That the sum here- DEPARTMENTAL ADMINISTRATION in appropriated shall be reduced as revenues are For carrying out the programs, projects, For salaries and expenses of the Department received during fiscal year 1997 so as to result in plans, and habitat restoration, improvement, of Energy necessary for Departmental Adminis- a final fiscal year 1997 appropriation from the and acquisition provisions of the Central Valley tration in carrying out the purposes of the De- General Fund estimated at not more than Project Improvement Act, such sums as may be partment of Energy Organization Act (42 U.S.C. $1,000,000. collected in the Central Valley Project Restora- 7101, et seq.), including the hire of passenger Section 161k. of the Atomic Energy Act of 1954 tion Fund pursuant to sections 3407(d), motor vehicles and official reception and rep- (42 U.S.C. 2201k) with respect to the Paducah 3404(c)(3), 3405(f) and 3406(c)(1) of Public Law resentation expenses (not to exceed $35,000), Gaseous Diffusion Plant, Kentucky, and the 102–575, to remain available until expended: $215,021,000, to remain available until expended, Portsmouth Gaseous Diffusion Plant, Ohio, the Provided, That the Bureau of Reclamation is di- plus such additional amounts as necessary to guidelines shall require, at a minimum, the pres- rected to levy additional mitigation and restora- cover increases in the estimated amount of cost ence of an adequate number of security guards tion payments totaling $30,000,000 (October 1992 of work for others notwithstanding the provi- carrying side arms at all times to ensure mainte- price levels) on a three-year rolling average sions of the Anti-Deficiency Act (31 U.S.C. 1511, nance of security at the gaseous diffusion basis, as authorized by section 3407(d) of Public et seq.): Provided, That such increases in cost of plants. Law 102–575. work are offset by revenue increases of the same Section 311(b) of the USEC Privatization Act or greater amount, to remain available until ex- GENERAL ADMINISTRATIVE EXPENSES (Public Law 104–134, title III, chapter 1, sub- pended: Provided further, That moneys received For necessary expenses of general administra- chapter A) insert the following: by the Department for miscellaneous revenues tion and related functions in the office of the ‘‘(3) The Corporation shall pay to the Thrift estimated to total $125,388,000 in fiscal year 1997 Commissioner, the Denver office, and offices in Savings Fund such employee and agency con- may be retained and used for operating expenses the five regions of the Bureau of Reclamation, tributions as are required or authorized by sec- within this account, and may remain available to remain available until expended, $46,000,000 tion 8432 and 8351 of title 5, United States Code, until expended, as authorized by section 201 of to be derived from the reclamation fund and to for employees who elect to retain their coverage Public Law 95–238, notwithstanding the provi- be nonreimbursable pursuant to the Act of April under CSRS or FERS pursuant to paragraph sions of 31 U.S.C. 3302: Provided further, That 19, 1945 (43 U.S.C. 377): Provided, That no part (1).’’. the sum herein appropriated shall be reduced by of any other appropriation in this Act shall be URANIUM ENRICHMENT DECONTAMINATION AND the amount of miscellaneous revenues received available for activities or functions budgeted for DECOMMISSIONING FUND during fiscal year 1997 so as to result in a final the current fiscal year as general administrative For necessary expenses in carrying out ura- fiscal year 1997 appropriation from the General expenses. nium enrichment facility decontamination and Fund estimated at not more than $89,633,000. September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10241

OFFICE OF THE INSPECTOR GENERAL and of marketing electric power and energy, and (A) is scheduled to be separated from service For necessary expenses of the Office of the In- for construction and acquisition of transmission due to a reduction in force under— spector General in carrying out the provisions of lines, substations and appurtenant facilities, (i) regulations prescribed under section 3502 of the Inspector General Act of 1978, as amended, and for administrative expenses, including offi- title 5, United States Code; or $23,853,000, to remain available until expended. cial reception and representation expenses in an (ii) procedures established under section 3595 ATOMIC ENERGY DEFENSE ACTIVITIES amount not to exceed $1,500 in carrying out the of title 5, United States Code; or WEAPONS ACTIVITIES provisions of section 5 of the Flood Control Act (B) is separated from service due to such a re- For Department of Energy expenses, including of 1944 (16 U.S.C. 825s), as applied to the south- duction in force, but does not include— the purchase, construction and acquisition of western power area, $25,210,000, to remain avail- (i) an employee separated from service for plant and capital equipment and other expenses able until expended; in addition, notwithstand- cause on charges of misconduct or delinquency; necessary for atomic energy defense weapons ing the provisions of 31 U.S.C. 3302, not to ex- or (ii) an employee who, at the time of separa- activities in carrying out the purposes of the De- ceed $3,787,000 in reimbursements, to remain tion, meets the age and service requirements for partment of Energy Organization Act (42 U.S.C. available until expended. an immediate annuity under subchapter III of 7101, et seq.), including the acquisition or con- CONSTRUCTION, REHABILITATION, OPERATION AND chapter 83 or chapter 84 of title 5, United States demnation of any real property or any facility MAINTENANCE WESTERN AREA POWER ADMINIS- Code. or for plant or facility acquisition, construction, TRATION (b) PRIORITY PLACEMENT AND RETRAINING or expansion; and the purchase of passenger (INCLUDING TRANSFER OF FUNDS) PROGRAM.—Not later than 30 days after the motor vehicles (not to exceed 94 for replacement For carrying out the functions authorized by date of the enactment of this Act, the United only), $3,911,198,000, to remain available until title III, section 302(a)(1)(E) of the Act of Au- States Department of Energy shall establish an expended. gust 4, 1977 (42 U.S.C. 7101, et seq.), and other agency-wide priority placement and retraining DEFENSE ENVIRONMENTAL RESTORATION AND related activities including conservation and reprogram for eligible employees. WASTE MANAGEMENT newable resources programs as authorized, in- (c) The priority placement program estab- For Department of Energy expenses, including cluding official reception and representation ex- lished under subsection (b) shall include provi- the purchase, construction and acquisition of penses in an amount not to exceed $1,500 sions under which a vacant position shall not be plant and capital equipment and other expenses $193,582,000, to remain available until expended, filled by the appointment or transfer of any in- necessary for atomic energy defense environ- of which $185,687,000 shall be derived from the dividual from outside of the agency if— mental restoration and waste management ac- Department of the Interior Reclamation Fund: (1) there is then available any eligible em- tivities in carrying out the purposes of the De- Provided, That of the amount herein appro- ployee who applies for the position within 30 partment of Energy Organization Act (42 U.S.C. priated, $5,432,000 is for deposit into the Utah days of the agency issuing a job announcement 7101, et seq.), including the acquisition or con- Reclamation Mitigation and Conservation Ac- and is qualified (or can be trained or retrained demnation of any real property or any facility count pursuant to title IV of the Reclamation to become qualified within 90 days of assuming or for plant or facility acquisition, construction, Projects Authorization and Adjustment Act of the position) for the position; and or expansion; and the purchase of passenger 1992: Provided further, That the Secretary of the (2) the position is within the same commuting motor vehicles (not to exceed 20, of which 19 are Treasury is authorized to transfer from the Col- area as the eligible employee’s last-held position for replacement only), $5,459,304,000, to remain orado River Dam Fund to the Western Area or residence. available until expended and, in addition, Power Administration $3,774,000 to carry out the (d) JOB PLACEMENT AND COUNSELING SERV- $160,000,000 for privatization initiatives, to re- power marketing and transmission activities of ICES.—The head of the agency may establish a main available until expended. the Boulder Canyon project as provided in sec- program to provide job placement and counsel- OTHER DEFENSE ACTIVITIES tion 104(a)(4) of the Hoover Power Plant Act of ing services to eligible employees. For Department of Energy expenses, including 1984, to remain available until expended. (1) TYPES OF SERVICES.—A program estab- the purchase, construction and acquisition of FALCON AND AMISTAD OPERATING AND lished under subsection (d) may include, but is plant and capital equipment and other expenses MAINTENANCE FUND not limited to, such services as— necessary for atomic energy defense, other de- For operation, maintenance, and emergency (A) career and personal counseling; fense activities, in carrying out the purposes of costs for the hydroelectric facilities at the Fal- (B) training and job search skills; and the Department of Energy Organization Act (42 con and Amistad Dams, $970,000 to remain (C) job placement assistance, including assist- U.S.C. 7101, et seq.), including the acquisition or available until expended, and to be derived from ance provided through cooperative arrange- condemnation of any real property or any facil- the Falcon and Amistad Operating and Mainte- ments with State and local employment services ity or for plant or facility acquisition, construc- nance Fund of the Western Area Power Admin- offices. tion, or expansion, and the purchase of pas- istration, as provided in section 423 of the For- SEC. 302. None of the funds appropriated by senger motor vehicles (not to exceed 2 for re- eign Relations Authorization Act, fiscal years this or any other Act may be used to implement placement only), $1,605,733,000, to remain avail- 1994 and 1995. section 3140 of H.R. 3230 as reported by the able until expended. FEDERAL ENERGY REGULATORY COMMISSION Committee of Conference on July 30, 1996. The DEFENSE NUCLEAR WASTE DISPOSAL Secretary of Energy shall develop a plan to reor- SALARIES AND EXPENSES For nuclear waste disposal activities to carry ganize the field activities and management of For necessary expenses of the Federal Energy out the purposes of Public Law 97–425, as the national security functions of the Depart- Regulatory Commission to carry out the provi- amended, including the acquisition of real prop- ment of Energy and shall submit such plan to sions of the Department of Energy Organization erty or facility construction or expansion, the Congress not later than 120 days after the Act (42 U.S.C. 7101, et seq.), including services $200,000,000, to remain available until expended. date of enactment of this Act. The plan will spe- as authorized by 5 U.S.C. 3109, the hire of pas- POWER MARKETING ADMINISTRATIONS cifically identify all significant functions per- senger motor vehicles, and official reception and formed by the Department’s national security OPERATION AND MAINTENANCE, ALASKA POWER representation expenses (not to exceed $3,000), operations and area offices and make rec- ADMINISTRATION $146,290,000, to remain available until expended: ommendations as to where those functions For necessary expenses of operation and Provided, That notwithstanding any other pro- should be performed. maintenance of projects in Alaska and of mar- vision of law, not to exceed $146,290,000 of reve- keting electric power and energy, $4,000,000, to nues from fees and annual charges, and other TITLE IV remain available until expended. services and collections in fiscal year 1997 shall INDEPENDENT AGENCIES BONNEVILLE POWER ADMINISTRATION FUND be retained and used for necessary expenses in APPALACHIAN REGIONAL COMMISSION Expenditures from the Bonneville Power Ad- this account, and shall remain available until For expenses necessary to carry out the pro- ministration Fund, established pursuant to Pub- expended: Provided further, That the sum here- grams authorized by the Appalachian Regional lic Law 93–454, are approved for official recep- in appropriated shall be reduced as revenues are Development Act of 1965, as amended, notwith- tion and representation expenses in an amount received during fiscal year 1997 so as to result in standing section 405 of said Act, and for nec- not to exceed $3,000. a final fiscal year 1997 appropriation from the essary expenses for the Federal Co-Chairman During fiscal year 1997, no new direct loan ob- General Fund estimated at not more than $0. ligations may be made. and the alternate on the Appalachian Regional GENERAL PROVISIONS Commission and for payment of the Federal OPERTION AND MAINTENANCE, SOUTHEASTERN share of the administrative expenses of the Com- POWER ADMINISTRATION SEC. 301. PRIORITY PLACEMENT, JOB PLACE- MENT, RETRAINING, AND COUNSEL- mission, including services as authorized by 5 For necessary expenses of operation and ING PROGRAMS FOR UNITED STATES U.S.C. 3109, and hire of passenger motor vehi- maintenance of power transmission facilities DEPARTMENT OF ENERGY EMPLOY- cles, $160,000,000, to remain available until ex- and of marketing electric power and energy pur- EES AFFECTED BY A REDUCTION IN pended. suant to the provisions of section 5 of the Flood FORCE. Control Act of 1944 (16 U.S.C. 825s), as applied (a) DEFINITIONS.— DEFENSE NUCLEAR FACILITIES SAFETY BOARD to the southeastern power area, $16,359,000 to (1) for the purposes of this section, the term SALARIES AND EXPENSES remain available until expended. ‘‘agency’’ means the United States Department For necessary expenses of the Defense Nuclear OPERATION AND MAINTENANCE, SOUTHWESTERN of Energy. Facilities Safety Board in carrying out activities POWER ADMINISTRATION (2) For the purposes of this section, the term authorized by the Atomic Energy Act of 1954, as For necessary expenses of operation and ‘‘eligible employee’’ means any employee of the amended by Public Law 100–456, section 1441, maintenance of power transmission facilities agency who— $16,000,000, to remain available until expended. H10242 CONGRESSIONAL RECORD — HOUSE September 12, 1996

NUCLEAR REGULATORY COMMISSION other services and collections, so as to result in to, or providing for, drainage service or drain- SALARIES AND EXPENSES a final fiscal year 1997 appropriation estimated age studies for the San Luis Unit shall be fully at not more than $0. reimbursable by San Luis Unit beneficiaries of (INCLUDING TRANSFER OF FUNDS) NUCLEAR WASTE TECHNICAL REVIEW BOARD such service or studies pursuant to Federal Rec- For necessary expenses of the Commission in lamation law. SALARIES AND EXPENSES carrying out the purposes of the Energy Reorga- SEC. 504. None of the funds made available in For necessary expenses of the Nuclear Waste nization Act of 1974, as amended, and the Atom- this Act may be used to revise the Missouri Technical Review Board, as authorized by Pub- ic Act of 1954, as amended, including the em- River Master Water Control Manual when it is lic Law 100–203, section 5051, $2,531,000, to be ployment of aliens; services authorized by 5 made known to the Federal entity or official to derived from the Nuclear Waste Fund, and to U.S.C. 3109; publication and dissemination of which the funds are made available that such remain available until expended. atomic information; purchase, repair, and revision provides for an increase in the spring- cleaning of uniforms; official representation ex- TENNESSEE VALLEY AUTHORITY time water release program during the spring penses (not to exceed $20,000); reimbursements to For the purpose of carrying out the provisions heavy rainfall and snow melt period in States the General Services Administration for security of the Tennessee Valley Authority Act of 1933, that have rivers draining into the Missouri guard services; hire of passenger motor vehicles as amended (16 U.S.C. ch. 12A), including hire, River below the Gavins Point Dam. and aircraft, $471,800,000, to remain available maintenance, and operation of aircraft, and SEC. 505. Public Law 101–514, the Energy and until expended: Provided, That of the amount purchase and hire of passenger motor vehicles, Water Development Appropriations Act, 1991, is appropriated herein, $11,000,000 shall be derived $106,000,000, to remain available until expended: amended effective September 30, 1997 or upon from the Nuclear Waste Fund: Provided further, Provided, That of the funds provided herein, operation of the temperature control device, by That from this appropriation, transfer of sums $15,000,000 shall be made available for the Envi- striking the proviso under the heading ‘‘Con- may be made to other agencies of the Govern- ronmental Research Center in Muscle Shoals, struction, Rehabilitation, Operations and Main- ment for the performance of the work for which Alabama: Provided further, That of the funds tenance, Western Area Power Administration’’. this appropriation is made, and in such cases provided herein, $6,000,000 shall be made avail- SEC. 506. The Secretary of the Interior shall the sums so transferred may be merged with the able for operation, maintenance, improvement, extend the water service contracts for the fol- appropriation to which transferred: Provided and surveillance of Land Between the Lakes: lowing projects, entered into by the Secretary of further, That moneys received by the Commis- Provided further, That of the amount provided the Interior under subsection (e) of section 9 of sion for the cooperative nuclear safety research herein, $15,000,000 shall be available for Eco- the Reclamation Project Act of 1939 (43 U.S.C. program, services rendered to foreign govern- nomic Development activities: Provided further, 485h) and section 9(c) of the Act of December 22, ments and international organizations, and the that none of the funds provided herein, shall be 1944 (58 Stat. 891, chapter 665), for a period of material and information access authorization available for detailed engineering and design or 1 additional year after the dates on which each programs, including criminal history checks constructing a replacement for Chickamauga of the contracts, respectively, would expire but under section 149 of the Atomic Energy Act may Lock and Dam on the Tennessee River System. for this section: be retained and sued for salaries and expenses TITLE V (1) The Bostwick District (Kansas portion), associated with those activities, notwithstand- Missouri River Basin Project, consisting of the ing 31 U.S.C. 3302, and shall remain available GENERAL PROVISIONS project constructed and operated under the Act until expended: Provided further, That revenues SEC. 501. (a) PURCHASE OF AMERICAN-MADE of December 22, 1944 (58 Stat. 887, chapter 665), from licensing fees, inspection services, and EQUIPMENT AND PRODUCTS.—It is the sense of as a component of the Pick-Sloan Missouri other services and collections estimated at the congress that, to the greatest extent prac- Basin Program, situated in Republic County, $457,300,000 in fiscal year 1997 shall be retained ticable, all equipment and products purchased Jewell County, and Cloud County, Kansas. and used for necessary salaries and expenses in with funds made available in this Act should be (2) The Bostwick District (Nebraska portion), this account, notwithstanding 31 U.S.C. 3302, American-made. Missouri River Basin Project, consisting of the and shall remain available until expended: Pro- (b) NOTICE REQUIREMENT.—In providing fi- project constructed and operated under the Act vided further, That the funds herein appro- nancial assistance to, or entering into any con- of December 22, 1944 (58 Stat. 887, chapter 665), priated for regulatory reviews and other activi- tract with, any entity using funds made avail- as a component of the Pick-Sloan Missouri ties pertaining to waste stored at the Hanford able in this Act, the head of each Federal agen- Basin Program, situated in Harlan County, site, Washington, shall be excluded from license cy, to the greatest extent practicable, shall pro- Franklin County, Webster County, and Nuckolls fee revenues, notwithstanding 42 U.S.C. 2214: vide to such entity a notice describing the state- County, Nebraska. Provided further, That the sum herein appro- ment made in subsection (a) by the Congress. (3) The Frenchman-Cambridge District, priated shall be reduced by the amount of reve- (c) PROHIBITION OF CONTRACTS WITH PERSONS Misouri River Basin Project, consisting of the nues received during fiscal year 1997 from li- FALSELY LABELING PRODUCTS AS MADE IN project constructed and operated under the Act censing fees, inspection services and other serv- AMERICA.—If it has been finally determined by of December 22, 1944 (58 Stat. 887, chapter 665), ices and collections, excluding those moneys re- a court or Federal agency that any person in- as a component of the Pick-Sloan Missouri ceived for the cooperative nuclear safety re- tentionally affixed a label bearing ‘‘Made in Basin Program, siutated in Chase County, search program, services rendered to foreign America’’ inscription, or any inscription with Frontier County, Hitchcock County, Furnas governments and international organizations, the same meaning, to any product sold in or County, and Harlan County, Nebraska. and the material and information access author- shipped to the United States that is not made in SEC. 507. Funds made available by this Act to ization programs, so as to result in a final fiscal the United States, the person shall be ineligible the Department of Energy shall be available year 1997 appropriation estimated at not more to receive any contract or subcontract made only for the purposes for which they have been than $14,500,000. with funds made available in this Act, pursuant made available by this Act. The Department of to the debarment, suspension, and ineligibility Energy shall report by February 28, 1997 to the OFFICE OF INSPECTOR GENERAL procedures described in sections 9.400 through Committees on Appropriations of the House and (INCLUDING TRANSFER OF FUNDS) 9.409 of title 48, Code of Federal Regulations. Senate of the Department of Energy’s adherence For necessary expenses of the Office of In- SEC. 502. 42 U.S.C. 7262 is repealed. to the recommendation included in the accom- spector General in carrying out the provisions of SEC. 503. (a) None of the funds appropriated panying report the Inspector General Act of 1978, as amended, or otherwise made available by this Act may be SEC. 508. (a) DENIAL OF FUNDS FOR PREVENT- including services authorized by 5 U.S.C. 3109, used to determine the final point of discharge ING ROTC ACCESS TO CAMPUS.—None of the $5,000,000, to remain available until expended; for the interceptor drain for the San Luis Unit funds made available in this Act may be pro- and in addition, an amount not to exceed 5 per- until development by the Secretary of the Inte- vided by contract or by grant (including a grant cent of this sum may be transferred from Sala- rior and the State of California of a plan, which of funds to be available for student aid) to a ries and Expenses, Nuclear Regulatory Commis- shall conform to the water quality standards of subelement of an institution of higher education sion: Provided, That notice of such transfers the State of California as approved by the Ad- when it is made known to the Federal official shall be given to the Committees on Appropria- ministrator of the Environmental Protection having authority to obligate or expend such tions of the House and Senate: Provided further, Agency, to minimize any detrimental effect of funds that the subelement of such institution That from this appropriation, transfers of sums the San Luis drainage waters. has a policy or practice (regardless of when im- may be made to other agencies of the Govern- (b) The costs of the Kesterson Reservoir plemented) that prohibits, or in effect prevents— ment for the performance of the work for which Cleanup Program and the costs of the San Joa- (1) the maintaining, establishing, or operation this appropriation is made, and in such cases quin Valley Drainage Program shall be classi- of a unit of the Senior Reserve Officer Training the sums so transferred may be merged with the fied by the Secretary of the Interior as reimburs- Corps (in accordance with section 654 of title 10, appropriation to which transferred: Provided able or nonreimbursable and collected until United States Code, and other applicable Fed- further, That revenues from licensing fees, in- fully repaid pursuant to the ‘‘Cleanup Pro- eral laws) at the subelement of such institution; spection services, and other services and collec- gram—Alternative Repayment Plan’’ and the or tions shall be retained and used for necessary ‘‘SJVDP—Alternative Repayment Plan’’ de- (2) a student at the institution (or subelement) salaries and expenses in this account, notwith- scribed in the report entitled ‘‘Repayment Re- from enrolling in a unit of the Senior Reserve standing 31 U.S.C. 3302, and shall remain avail- port, Kesterson Reservoir Cleanup Program and Officer Training Corps at another institution of able until expended: Provided further, That the San Joaquin Valley Drainage Program, Feb- higher education. sum herein appropriated shall be reduced by the ruary 1995’’, prepared by the Department of the (b) EXCEPTION.—The limitation established in amount of revenues received during fiscal year Interior, Bureau of Reclamation. Any future ob- subsection (a) shall not apply to an institution 1997 from licensing fees, inspection services, and ligations of funds by the United States relating of higher education when it is made known to September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10243 the Federal official having authority to obligate pointments are required in subsequent years, the the Council does not incorporate a recommenda- or expend such funds that— Council shall request nominations from the tion of the Panel, the Council shall explain in (1) the institution (or subelement) has ceased Academy and the Academy shall provide nomi- writing its reasons for not accepting Panel rec- the policy or practice described in such sub- nations not later than 90 days after the date of ommendations. In making its recommendations section; or this request. If the Academy does not provide to BPA, the Council shall: consider the impact (2) the institution has a longstanding policy nominations within these time requirements, the of ocean conditions on fish and wildlife popu- of pacifism based on historical religious affili- Council may appoint such members as the lations; and shall determine whether the ation. Council deems appropriate. projects employ cost effective measures to SEC. 509. (a) DENIAL OF FUNDS FOR PREVENT- (ii) SCIENTIFIC PEER REVIEW GROUPS.—The achieve program objectives. The Council, after ING FEDERAL MILITARY RECRUITING ON CAM- Council shall establish Scientific Peer Review consideration of the recommendations of the PUS.—None of the funds made available in this Groups (Peer Review Groups), which shall be Panel and other appropriate entities, shall be Act may be provided by contract or grant (in- comprised of the appropriate number of sci- responsible for making the final recommenda- cluding a grant of funds to be available for stu- entists, from a list submitted to the Academy to tions of projects to be funded through BPA’s an- dent aid) to a subelement of an institution of assist the Panel in making its recommendations nual fish and wildlife budget. higher education when it is made known to the to the Council for projects to be funded through (vii) COST LIMITATION.—The cost of this pro- Federal official having authority to obligate or BPA’s annual fish and wildlife budget, provided vision shall not exceed $2,000,000 in 1997 dollars. expend such funds that the subelement of such that Pacific Northwest scientists with expertise (viii) EXPIRATION.—This paragraph shall ex- institution has a policy or practice (regardless of in Columbia River anadromous and non-anad- pire on September 30, 2000. when implemented) that prohibits, or in effect romous fish and wildlife and ocean experts shall DESIGNATION OF JIM CHAPMAN LAKE be among those represented on the Peer Review prevents— SEC. 513. Cooper Lake, located on the Sulphur Groups. The Academy shall provide such nomi- (1) entry to campuses, or access to students River near Cooper, Texas, is named and des- nations within 90 days of the date of this enact- (who are 17 years of age or older) on campuses, ignated as the ‘‘Jim Chapman Lake’’. Any ref- ment, and in any case not later than December for purposes of Federal military recruiting; or erence in a law, map, regulation, document, or (2) access to the following information per- 31, 1996. If appointments are required in subse- record of the United States to such lake shall be taining to students (who are 17 years of age or quent years, the Council shall request nomina- held to be a reference to the ‘‘Jim Chapman older) for purposes of Federal military recruit- tions from the Academy and the Academy shall Lake’’. ing: student names, addresses, telephone list- provide nominations not later than 90 days after DESIGNATION OF WILLIAM L. JESS DAM AND ings, dates and places of birth, levels of edu- the date of this request. If the Academy does not cation, degrees received, prior military experi- provide nominations within these time require- INTAKE STRUCTURE ence, and the most recent previous educational ments, the Council may appoint such members SEC. 514. The dam located at mile 158.6 on the institutions enrolled in by the students. as the Council deems appropriate. Rogue River in Jackson County, Oregon, and (b) EXCEPTION.—The limitation established in (iii) CONFLICT OF INTEREST AND COMPENSA- commonly known as the Lost Creek Dam Lake subsection (a) shall not apply to an institution TION.—Panel and Peer Review Group members Project, shall be known and designated as the of higher education when it is made known to may be compensated and shall be considered ‘‘William L. Jess Dam and Intake Structure’’. the Federal official having authority to obligate subject to the conflict of interest standards that Any reference in a law, map, regulation, docu- or expend such funds that— apply to scientists performing comparable work ment, paper, or other record of the United States (1) the institution (or subelement) has ceased for the National Academy of Sciences; provided to the dam referred to as Lost Creek Dam Lake the policy or practice described in such sub- that a Panel or Peer Review Group members Project, shall be deemed to be a reference to the section; or with a direct or indirect financial interest in a ‘‘William L. Jess Dam and Intake Structure’’. (2) the institution has a longstanding policy project, or projects, shall recuse him or herself DESIGNATION OF J. BENNETT JOHNSTON of pacifism based on historical religious affili- from review of, or recommendations associated WATERWAY ation. with, such project or projects. All expenses of SEC. 515. The portion of the Red River, Louisi- SEC. 510. None of the funds made available in the Panel and the Peer Review Groups shall be ana, from new river mile 0 to new river mile 235 this Act may be obligated or expended to enter paid by BPA as provided for under paragraph shall be known and designated as the ‘‘J. Ben- into or renew a contract with an entity when it (vii). Neither the Panel nor the Peer Review nett Johnston Waterway’’. Any reference in a is made known to the Federal official having Groups shall be deemed advisory committees law, map, regulation, document, paper, or other authority to obligate or expend such funds within the meaning of the Federal Advisory record of the United States to such portion of that— Committee Act. the Red River shall be deemed to be a reference (1) such entity is otherwise a contractor with (iv) PROJECT CRITERIA AND REVIEW.—The to the ‘‘J. Bennett Johnston Waterway’’. the United States and is subject to the require- Peer Review Groups, in conjunction with the This Act may be cited as the ‘‘Energy and ment in section 4212(d) of title 38, United States Panel, shall review projects proposed to be fund- Water Development Appropriations Act, 1997’’. Code, regarding submission of an annual report ed through BPA’s annual fish and wildlife And the Senate agree to the same. to the Secretary of Labor concerning employ- budget and make recommendations on matters JOHN T. MYERS, ment of certain veterans; and related to such projects to the Council no later HAROLD ROGERS, (2) such entity has not submitted a report as than June 15 of each year. If the recommenda- JOE KNOLLENBERG, required by that section for the most recent year tions are not received by the Council by this FRANK RIGGS, for which such requirement was applicable to date, the Council may proceed to make final rec- RODNEY P. such entity. ommendations on project funding to BPA, rely- FRELINGHUYSEN, SEC. 511. The Administrator may offer employing on the best information available. The Panel JIM BUNN, ees voluntary separation incentives as deemed and Peer Review Groups shall review a suffi- MIKE PARKER, necessary which shall not exceed $25,000. Re- cient number of projects to adequately ensure BOB LIVINGSTON, cipients who accept employment with the United that the list of prioritized projects recommended TOM BEVILL, States within five years after separation shall is consistent with the Council’s program. Project VIC FAZIO, repay the entire amount to the Bonneville recommendations shall be based on a determina- JIM CHAPMAN, Power Administration. This authority shall ex- tion that projects: are based on sound science PETER J. VISCLOSKY, pire September 30, 2000. principles; benefit fish and wildlife; and have a Managers on the Part of the House. SEC. 512. Following section 4(h)(10(C) of the clearly defined objective and outcome with pro- PETE V. DOMENICI, Northwest Power Planning and Conservation visions for monitoring and evaulation of results. MARK O. HATFIELD, Act, insert the following new section: The Panel, with assistance from the Peer Re- THAD COCHRAN, (4)(h)(10)(D) INDEPENDENT SCIENTIFIC REVIEW view Groups, shall review, on an annual basis, SLADE GORTON, PANEL.—(i) The Northwest Power Planning the results of prior year expenditures based MITCH MCCONNELL, Council (Council) shall appoint an Independent upon these criteria and submit its findings to ROBERT F. BENNETT, Scientific Review Panel (Panel), which shall be the Council for its review. CONRAD BURNS, comprised of eleven members, to review projects (v) PUBLIC REVIEW.—Upon completion of the J. BENNETT JOHNSTON, proposed to be funded through that portion of review of projects to be funded through BPA’s ROBERT C. BYRD, the Bonneville Power Administration’s (BPA) annual fish and wildlife budget, the Peer Re- FRITZ HOLLINGS, annual fish and wildlife budget that implements view Groups shall submit its findings to the HARRY REID, the Council’s fish and wildlife program. Mem- Panel. The Panel shall analyze the information J. ROBERT KERREY, bers shall be appointed from a list of no fewer submitted by the Peer Review Groups and sub- PATTY MURRAY, than 20 scientists submitted by the National mit recommendations on project priorities to the Managers on the Part of the Senate. Academy of Sciences (Academy), provided that Council. The Council shall make the Panel’s Pacific Northwest scientists with expertise in findings available to the public and subject to JOINT EXPLANATORY STATEMENT OF Columbia River anadromous and non-anad- public comment. THE COMMITTEE OF CONFERENCE romous fish and wildlife and ocean experts shall (vi) RESPONSIBILITIES OF THE COUNCIL.—The The managers on the part of the House and be among those represented on the Panel. The Council shall fully consider the recommenda- the Senate at the conference on the disagree- Academy shall provide such nominations within tions of the Panel when making its final rec- ing votes of the two houses on the amend- 90 days of the date of this enactment, and in ommendations of projects to be funded through ment of the Senate to the bill (H.R. 3816) any case not later than December 31, 1996. If ap- BPA’s annual fish and wildlife budget, and if making appropriations for energy and water H10244 CONGRESSIONAL RECORD — HOUSE September 12, 1996 development for the fiscal year ending Sep- of the navigation needs of several of Alaska’s and installation of composite pilings as de- tember 30, 1997, and for other purposes, sub- coastal communities. The funds will be used scribe in the Senate report. The conferees mit the following joint statement to the for the Western Harbors, Aleutians East Bor- also are in agreement with the language in House and the Senate in explanation of the ough, Arctic Coast Navigation, King Cove, the House report regarding the CFIRMS effects of the action agreed upon by the man- and Akutan Harbor reconnaissance studies. project. agers and recommended in the accompany- By combining these studies under a single The conferees have included language in ing conference report. heading the Corps of Engineers is expected to the bill earmarking funds for the following The language and allocations set forth in be able to accomplish the work substantially projects in the amounts specified: Norco House Report 104–679 and Senate Report 104– below the cost of addressing each project Bluffs, California, $180,000; San Joaquin 320 should be complied with unless specifi- separately. River Basin, Caliente Creek, California, cally addressed to the contrary in the con- The conferees agree that the Corps of Engi- $150,000; Tampa Harbor, Alafia Channel, ference report and statement of the man- neers may include the Southampton Shoal Florida, $100,000; Lake George, Hobart, Indi- agers. Report language included by the Channel and extension in the San Francisco ana, $100,000; Little Calumet River Basin, House which is not contradicted by the re- Bay Bar Channel, California, reconnaissance Cady Marsh Ditch, Indiana, $200,000; Tahoe port of the Senate or the conference, and study to permit a comprehensive examina- Basin Study, Nevada and California, $100,000; Senate report language which is not contra- tion of the San Francisco-to-Stockton Ship Barnegat Inlet to Little Egg Harbor Inlet, dicted by the report of the House or the con- Channel to determine the feasibility of in- New Jersey, $300,000; Brigantine Inlet to ference is approved by the committee of con- creasing operating depths required for com- Great Egg Harbor Inlet, New Jersey, $360,000; ference. The statement of the managers, merce and international trade. Great Egg Harbor Inlet to Townsends Inlet, while repeating some report language for The conference agreement includes $150,000 New Jersey, $200,000; Manasquan Inlet to emphasis, does not intend to negate the lan- for preconstruction engineering and design Barnegat Inlet, New Jersey, $250,000; Town- guage referred to above unless expressly proof the New Harmony, Indiana, project. sends Inlet to Cape May Inlet, New Jersey, vided herein. In cases where both the House The conferees have provided $10,750,000 for $245,000; South Shore of Staten Island, New report and Senate report address a particular the Upper Mississippi River and Illinois Wa- York, $200,000; Mussers Dam, Middle Creek, issue not specifically addressed in the con- terway navigation study instead of $10,500,000 Snyder County, Pennsylvania, $450,000; ference report or joint statement of man- as proposed by the House and $11,000,000 as Rhode Island South Coast, Habitat Restora- agers, the conferees have determined that proposed by the Senate. The conferees direct tion and Storm Damage Reduction, Rhode the House and Senate reports are not incon- the Corps of Engineers to accelerate the exe- Island, $100,000; Monongahela River, West sistent and are to be interpreted accordingly. cution of feasibility study activities in ac- Virginia, $500,000; Monongahela River, Fair- In cases in which the House or Senate have cordance with the approved project study mont, West Virginia, $100,000; and Tygart directed the submission of a report, such re- plan in such a manner that schedule recov- River Basin, Philippi, West Virginia, $100,000. port is to be submitted to both House and ery will be maximized and a final report will The conference agreement deletes funds Senate Committees on Appropriations. be completed as soon as practicable. earmarked in the Senate bill for the Red Senate amendment: The Senate deleted The conference agreement includes $600,000 River Navigation, Southwest, Arkansas, the entire House bill after the enacting equally divided for the Corps of Engineers to study. clause and inserted the Senate bill. The con- undertake preconstruction engineering and The conference agreement also deletes lan- ference agreement includes a revised bill. design for the project to provide flood pro- guage contained in the Senate bill earmark- TITLE I tection to the Green Ridge and Plot sections ing funds for studies of Coastal Navigation DEPARTMENT OF DEFENSE—CIVIL of the Lackawanna River, Scranton, Penn- Improvements in Alaska, the Walker River The summary tables at the end of this title sylvania, project as proposed by the Senate. Basin in Nevada, and the Bolinas Lagoon in set forth the conference agreement with re- The House had proposed to fund this work California. Funding for those studies has spect to the individual appropriations, pro- under the Construction, General, account. been included in the overall amount appro- grams, and activities of the Corps of Engi- The conferees have provided $100,000 for a priated for General Investigations. neers. Additional items of conference agree- reconnaissance study of the need for channel The conferees are aware of recent efforts ment are discussed below. deepening in the Port of New York and New by the Corps of Engineers to increase the use DEPARTMENT OF THE ARMY Jersey and $100,000 to initiate a feasibility of the private sector in performing, planning, study should the reconnaissance effort dem- CORPS OF ENGINEERS—CIVIL engineering and design work for Corps onstrate a Federal interest in the project. GENERAL INVESTIGATIONS projects. However, the conferees believe that The conference agreement includes $100,000 the Corps of Engineers needs to intensify The conference agreement appropriates for the Corps of Engineers to initiate a re- those efforts. The conferees expect the Corps, $153,872,000 for General Investigations in- connaissance study leading to a Master Plan on a programmatic basis, to achieve a goal of stead of $153,628,000 as proposed by the House of the Wing Deer Park on Boone Lake in having the private sector perform at least and $154,557,000 as proposed by the Senate. Johnson City, Tennessee. 35% of planning, and 40% of engineering, de- The conference agreement includes $100,000 On July 11, 1996, the Assistant Secretary of sign work and construction phase services for the Corps of Engineers to initiate a re- the Army for Civil Works advised the com- for projects as defined in 40 U.S.C. 541–544. connaissance study of environmental res- mittees of a proposal to modify current Additionally, in those instances where a dis- toration opportunities along the Upper Jor- Corps of Engineers guidance governing the trict office has not achieved a contracting dan River, Utah, that includes examining reconnaissance phase of the study process. level of at least 25% of planning, engineer- Under the proposal, the scope of the recon- water quality, wetland habitat, and flood ing, design work and construction phase naissance phase would be returned to that control as a means of restoring the water- services for projects in that district, private envisioned by section 905(b) of the Water Re- shed of the Jordan River Basin. The con- sector contracting should be increased by 10 sources Development Act of 1986, which is to ferees direct the Corps to review and rec- percentage points in fiscal year 1997 and in develop a preliminary appraisal of the Fed- ommend modifications to the Jordan River each subsequent fiscal year until the level of eral interest, benefits, costs, and environ- Stability Study conducted by Salt Lake work contracted to the private sector mental impacts of a potential project, de- County. reaches at least 25%; however, in no case velop a scope of work for the feasibility The conference agreement includes a total shall the actual increase per year be less study, and negotiate a feasibility study cost- of $6,280,000 for Coordination Studies With than 5 percentage points. It is not the con- sharing agreement. The goal would be to Other Agencies instead of $4,280,000 as pro- ferees’ intent that the Corps reduce the con- complete the reconnaissance phase within posed by the House and $8,040,000 as proposed tracting levels in those offices that are al- six months at a cost of approximately by the Senate. The conferees expect the ready conducting more than 35% of planning, $100,000. After careful consideration, the con- Corps to use the funds provided to accom- and 40% of engineering, design work and conferees have decided to support this initiative plish the highest priority work among the struction phase services with the private sec- and have funded all new reconnaissance stud- various activities funded under this program. tor. Contracting with the private sector as ies at the $100,000 level. The conferees have In addition, the Corps is directed to use set forth above shall continue to be con- been assured that this initiative is a true ef- $450,000 to continue to participate in the ducted in compliance with the normal quali- ficiency move aimed at returning reconnais- interagency ecosystem management task fication based selection process found in 40 sance efforts back to the original concept for force’s Pacific Northwest forest case study U.S.C. 541–544. that phase and will not transfer cost and as described in the Senate Report. The con- time to the feasibility phase of the study ferees agree with the language in the House CONSTRUCTION, GENERAL process. The conferees are also aware that report regarding the Planning Assistance to The conference agreement appropriates the $100,000 model may not be suitable for all States program. $1,081,942,000 for Construction, General, in- projects and expect the Corps to exercise ap- The conferees have provided $27,000,000 for stead of $1,035,394,000 as proposed by the propriate judgment in adjusting the scope of the Corps of Engineers’ Research and Devel- House and $1,049,306,000 as proposed by the the reconnaissance effort to accommodate opment program. Within the funds provided, Senate. the needs of particularly complex issues or the conferees have provided $300,000 to con- The conference agreement includes large geographic areas. tinue the Corps of Engineers Construction $2,000,000 for the Sacramento River, Glen- The conference agreement includes $500,000 Technology Transfer project and $1,600,000 Colusa Irrigation District, California, for the Corps of Engineers to initiate studies for cost-shared research and development project, the same as the budget request and September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10245 the amount provided by the House and the Therefore, the conferees would not object to Emergency Bank Protection, Arkansas, Senate. This project is an integral part of the Corps of Engineers’ reprogramming of $3,000,000; San Timoteo Creek, California, the effort to develop a long-term solution to available funds back to the Freeport Harbor $7,000,000; Indianapolis Central Waterfront, the fish passage problem at the Hamilton project to complete this important work. Indiana, $7,000,000; Indiana Shoreline Ero- City pumping plant. It is the conferees’ in- The conference agreement includes sion, Indiana, $2,200,000; Harlan, Kentucky, tent that the Corps of Engineers participate $32,650,000 for the section 205 program as pro- $18,000,000; Martin County, Kentucky, in, and, when necessary, provide direct supposed by the Senate. Using those funds, the $350,000; Middlesboro, Kentucky, $2,500,000; port to this important Federal-state effort. Corps of Engineers is directed to undertake Pike County, Kentucky, $2,000,000; Town of The conference agreement provides the projects described in the House and Sen- Martin, Kentucky, $300,000; Williamsburg, $4,000,000 for the Palm Beach County, Flor- ate reports. The conference agreement in- Kentucky, $4,050,000; Salyersville, Kentucky, ida, project. Of the funds provided, $1,919,000 cludes $3,916,000 for the Muscle Shoals, Ala- $3,000,000; Lake Pontchartrain and Vicinity, is for the Jupiter/Carlin segment as proposed bama, project, $2,950,000 for the St. Peters Louisiana, $17,025,000; Lake Pontchartrain in the budget request. The remaining funds Old Town Levee, Missouri, project, and (Jefferson Parish) Stormwater Discharge, are to be used for the Boca Raton and Ocean $3,370,000 for the Cedar River at Renton, Louisiana, $4,750,000; Red River below Ridge segments of the project. Washington, project. In addition, the con- Denison Dam Levee and Bank Stabilization, The conference agreement includes ferees have learned of the harmful effects of Louisiana, Arkansas, and Texas, $100,000; Red $1,200,000 for the Corps of Engineers to reim- local flooding along St. Asaph’s Creek in River Emergency Bank Protection, Louisi- burse the local sponsor for the Federal share Stanford, Kentucky, and along Hanging Fork ana, $3,400,000; Glen Foerd, Pennsylvania, of costs associated with renourishment of Creek in Hustonville, Kentucky, and direct $800,000; South Central Pennsylvania Envi- the Captiva Island segment of the Lee Coun- the Corps of Engineers to conduct a study to ronmental Restoration Infrastructure and ty, Florida, project. determine causes and possible remedies to Resource Protection Development Pilot Pro- The conferees are in agreement with the this condition. gram, Pennsylvania, $7,000,000; Seekonk language in the House and Senate reports re- The conference agreement includes River, Rhode Island, $650,000; Wallisville garding the Missouri River Levee System $9,500,000 for the section 14 program as pro- Lake, Texas, $7,500,000; Richmond Filtration project. posed by the House. Using those funds, the Plant, Virginia, $3,500,000; Virginia Beach, The conference agreement includes Corps of Engineers is directed to undertake Virginia, $8,000,000; Hatfield Bottom, West $17,025,000 for the Lake Pontchartrain and the projects described in the House and Sen- Virginia, $1,300,000; Lower Mingo (Kermit), Vicinity (Hurricane Protection), Louisiana, ate reports. The conference agreement in- West Virginia, $4,000,000; Lower Mingo Tribu- project. Of the amount provided above the cludes $395,000 for the Washington-on-the- taries Supplement, West Virginia, $105,000; budget request, $4,500,000 shall be used for Brazos, Texas, project as proposed by the and Upper Mingo County, West Virginia, levee raising and landside runoff control for House. $3,500,000. Jefferson Parish lakefront levees and The conference agreement includes The funds provided for the Red River $8,500,000 shall be used to continue construc- $5,800,000 for the section 103 program as pro- Emergency Bank Protection project in Ar- tion of parallel protection along the Orleans posed by the House. Using those funds, the kansas are to be used for construction of the Avenue and London Avenue outfall canals. Corps of Engineers is directed to undertake Hurricane revetment. Of the funds provided In addition, $1,500,000 has been provided for the projects described in the House and Sen- for the Red River Emergency Bank Protec- the West Bank-East of Harvey Canal, Louisi- ate reports. The amount provided for the tion project in Louisiana, $3,000,000 is for de- ana, project. Lummi Shore Road, Washington, project is sign and construction of the Cat Island re- The conferees have provided $17,500,000 for $1,700,000 as proposed by the Senate. vetment and $400,000 is for the sediment the Southeast Louisiana, Louisiana project. The conference agreement includes transport study described in the Senate re- These funds are to be used to continue engi- $11,632,000 for the section 107 program. Using port. neering, design, and construction of projects those funds, the Corps of Engineers is di- The conference agreement includes lan- to provide for flood control and improve- rected to undertake the projects described in guage in the bill directing the Secretary of ments to rainfall drainage systems in Jeffer- the House and Senate reports. In addition, the Army to: use $3,000,000 of the funds pro- son, Orleans, and St. Tammany Parishes, within available funds, $100,000 is provided to vided for the Red River Waterway, Mis- Louisiana, in accordance with the following initiate a feasibility study for the Tennessee sissippi River to Shreveport, Louisiana, reports of the New Orleans District Engi- River in Bridgeport, Jackson County, Ala- project to construct a regional visitor center neer: Jefferson and Orleans Parishes, Louisi- bama. in the vicinity of Shreveport, Louisiana; use ana, Urban Flood Control and Water Quality The conferees direct the Corps of Engineers $1,000,000 of the funds provided for the Red Management, July 1992; Tangipahoa, to undertake the Walker River Basin, Ne- River Waterway, Mississippi River to Techefuncte and Tickfaw Rivers, Louisiana, vada, project under the section 208 program Shreveport, Louisiana, project for partial re- June 1991; St. Tammany Parish, Louisiana, as described in the House report. imbursement of costs associated with reloca- June 1996; and Schneider Canal, Slidell, Lou- The conference agreement includes tion and modification of the Louisiana and isiana, Hurricane Protection, May 1990; all of $17,000,000 for the section 1135 program. Using Arkansas Railway Bridge at Alexandria, which are authorized for construction by those funds, the Corps of Engineers is di- Louisiana; use $1,000,000 of the funds appro- Public Law 104–46. rected to undertake the projects described in priated in Public Law 104–46 for construction The conferees have provided $250,000 for the the House and Senate reports except the of the Ohio River Flood Protection, Indiana, Grand Isle and Vicinity, Louisiana project to Bernado Waterfowl Management Area project; provide signs to direct the public to initiate preconstruction engineering and de- project in New Mexico. The conferees under- facilities associated with the Saylorville sign on the modifications to the authorized stand that the local sponsor for that project Lake, Iowa, project and the wildlife refuge in hurricane protection project to include no longer wishes to participate in the project Jasper and Marion Counties in Iowa as de- shoreline protection features on the north and, therefore, funding is not needed. scribed in the House report; and use $500,000 side of the island and to continue construc- The conference agreement includes a total of the funds appropriated in Public Law 103– tion of breakwaters. of $41,426,000 for the Levisa and Tug Forks of 126 to begin implementation of the Passaic Within funds provided for the South the Big Sandy River and Upper Cumberland River Preservation of Natural Storage Areas Central Pennsylvania Environmental Res- River project. In addition to the amounts separable element of the Passaic River Flood toration Infrastructure and Resource Protec- provided in the budget request, the con- Reduction, New Jersey, project. In addition, tion Development Pilot Program, the conference agreement includes: $18,000,000 for the conference agreement includes language ferees have provided $500,000 for the Redstone the Harlan, Kentucky, element; $4,050,000 for directing the Secretary of the Army to initi- Township project. the Williamsburg, Kentucky, element; ate construction of the Joseph G. Minish The conference agreement provides $2,500,000 for the Middlesboro, Kentucky, ele- Historic Waterfront Park, New Jersey, $1,000,000 each for the Arkansas City, Kansas, ment; $2,000,000 for the Pike County, Ken- project using funds appropriated in Public and Winfield, Kansas, projects as proposed by tucky, element; $350,000 for the Marin Coun- Law 103–126. The bill also includes language the Senate. The conferees are aware that the ty, Kentucky, element; $300,000 for the Town naming the bike trail associated with the Winfield project is ahead of schedule and, of Martin, Kentucky, element; $3,500,000 for Saylorville Lake, Iowa, project as the Neal therefore, the two-phase approach to con- the Upper Mingo County, West Virginia, ele- Smith Bike Trail and centers in Jasper and struction described in the Senate report is ment; $4,000,000 for the Lower Mingo Marion Counties as the Neal Smith Prairie not required for that project. (Kermit), West Virginia, element; $1,300,000 Wildlife Learning Center. The conferees recognize the need to widen for the Hatfield Bottom, West Virginia, ele- The conference agreement includes lan- the Port of Freeport, Texas, navigation ment; and $105,000 for the Lower Mingo, West guage in the bill which authorizes and di- channel at the intersection of the Gulf Intra- Virginia, to carry out the work described in rects the Secretary of the Army to initiate coastal Waterway and the bend located in the House and Senate reports. In addition, construction of the following projects in the the inner harbor in order to complete the the conference agreement deletes $1,600,000 amounts specified: Humboldt Harbor, Cali- channel deepening project. The conferees are requested by the Administration for detailed fornia, $2,500,000; San Lorenzo River, Califor- also aware that during the period of con- project reports. nia, $200,000; Faulkner’s Island, Connecticut, struction, approximately $16,000,000 appro- The conferees have included language in $1,500,000; Chicago Shoreline, Illinois, priated for the project was reprogrammed by the bill earmarking funds for the following $8,000,000; Pond Creek, Jefferson City, Ken- the Corps of Engineers to other projects. projects in the amounts specified: Red River tucky, $1,500,000; Natchez Bluff, Mississippi, H10246 CONGRESSIONAL RECORD — HOUSE September 12, 1996 $4,500,000; Wood River, Grand Isle, Nebraska, conferees further direct the Corps to provide The Secretary of the Army is encouraged $1,000,000; New York City Watershed, New its assessment of whether the project, as cur- to conduct a study assessment and report to York, $1,000,000; Duck Creek, Cincinnati, rently formulated, would achieve its goals, the Congress no later than one year from the Ohio, $466,000; Saw Mill Run, Pennsylvania, and to provide recommendations of the Corps date of enactment of this Act on the need $500,000; West Virginia and Pennsylvania as to future program options and potential and suitability to modify the Local Coopera- Flooding, Pennsylvania and West Virginia, enhancement which would achieve these tion Agreement under which the Port of $1,000,000; San Juan Harbor, Puerto Rico, goals in the most timely and cost effective Santa Cruz now performs the Federal oper- $800,000; Allendale Dam, Rhode Island, manner. ations and maintenance mission at Santa $195,000; and Upper Jordan River, Utah, The conference agreement includes lan- Cruz Harbor in California. The study will $500,000. The funds provided for the West Vir- guage proposed by the Senate that directs particularly examine the need for an infla- ginia and Pennsylvania project are for work the President of the Mississippi River Com- tionary and cost of living increase adjust- as described in section 583 of S. 640 as passed mission to use the variable cost recovery ment that was not specified in the original by the House and shall be used for the fol- rate set forth in OMB Circular A–126 for use agreement. lowing flood control projects: Huntingdon of the Commission aircraft. Of the funds provided for the Sepulveda County Orbisonia/Rock Hill Furnace, Penn- In addition, the conference agreement in- Dam, California, project, it is the conferees’ sylvania, Black Log Creek ($150,000); Hun- cludes language directing the Secretary of intent that a significant portion shall be tingdon County Coalmont Borough, Coal the Army to use additional funds appro- used for environmental restoration and wild- Bank Run ($75,000); Huntingdon County Car- priated in this Act or previously appro- life habitat. bon Township, Shoups Run ($75,000); Blair priated funds to complete the Hickman The conference agreement includes County Logan Township ($500,000); and Blair Bluff, Kentucky, project. $8,000,000 for the New York Harbor, New County Altoona, Pennsylvania ($200,000). The The conferees have provided $965,000 to York project. The funds provided above the funds provided for the New York City Water- continue the Morganza to the Gulf of Mex- budget request are to be used to perform remaining dredged material management plan shed project are for work as described in sec- ico, Louisiana, feasibility study. The con- study activities and to implement short tion 558 of S. 640 as passed by the House. ferees recommended that the Corps of Engi- The conference agreement deletes funds neers use an appropriate amount of the funds term disposal alternatives which have been determined to be feasible and quickly earmarked in the House bill for the Ohio provided to prepare a report on the feasibil- implementable and to investigate methods River Flood Protection, Indiana, project and ity of expending the construction of a lock to reduce sediment contamination within deletes funds earmarked in the Senate bill structure in the Houma Navigation Canal as an independent feature of this study author- the harbor. for the Red River Chloride Control, Texas, The conference agree that the Corps of En- ity. project. gineers may use nontraditional means for The conferees are concerned about the ab- The conference agreement deletes lan- erosion control on the Missouri River below normal annual flooding that occurs to indus- guage contained in the Senate bill earmark- the Fort Peck Dam in Montana to the North tries and businesses along the waterfront ing funds for the following projects: Larsen Dakota border. Bay Harbor, Alaska; Ouzinkie Harbor, Alas- areas of Morgan City and Berwick, Louisi- The conference agreement includes ka; Valdez Harbor, Intertidal Water Reten- ana. The conferees understand that a means $7,552,000 for the Manteo (Shallowbag Bay), tion, Alaska; Kake Harbor, Alaska; Panama to solve the problem is pending authoriza- North Carolina, project to be used for addi- City Beaches, Florida; Boston Harbor, Mas- tion. This plan includes provisions for tem- tional maintenance dredging and monitoring sachusetts; Poplar Island, Maryland; porary flood proofing and for the study of a of the terminal groin constructed at Oregon Ouachita River Levees, Louisiana; and Mill long-term solution including the relocation Inlet. Creek, Ohio. Funding for these projects has of riverside industries to a safe non-flood The conference agreement includes lan- been provided in the overall amount appro- area in the vicinity. The Corps of Engineers guage in the bill earmarking funds for the priated for Construction, General. The con- should proceed immediately to construction following projects in the amounts specified: ference agreement also deletes language con- upon passage of the authorization of this Raystown Lake, Pennsylvania, $4,190,000; and tained in the Senate bill for the Helena and project with funds available to the Mis- Cooper Lake and Channels, Texas, $2,601,000. Vicinity, Arkansas, project. Funding for that sissippi River and Tributaries project. Language has been included in the bill project has been provided in the Mississippi OPERATION AND MAINTENANCE, GENERAL which directs the Secretary of the Army to: River and Tributaries account. The conference agreement appropriates use $1,000,000 of the funds provided in the bill to design and construct a landing at FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBU- $1,697,015,000 for Operation and Maintenance, Guntersville, Alabama; design and imple- TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOU- General, instead of $1,701,180,000 as proposed ment an early flood warning system for the ISIANA, MISSISSIPPI, MISSOURI, AND TEN- by the House and $1,688,358,000 as proposed by Greenbrier and Cheat River Basins in West NESSEE the Senate. Virginia; maintain a minimum conservation The conference agreement appropriates The conferees are concerned about the Ad- pool of 475.5 feet at Wister Lake in Okla- $310,374,000 for Flood Control, Mississippi ministration’s plans to stop requesting funds homa; and use $600,000 to perform mainte- River and Tributaries instead of $302,990,000 for the maintenance of a smaller navigation nance dredging of the Cocheco River, New as proposed by the House and $312,513,000 as projects beginning in fiscal year 1998. Failure Hampshire, project. Language has also been proposed by the Senate. to adequately maintain those projects will included in the bill which provides that no The conference agreement includes an ad- cause economic hardship for many commu- funds available to the Corps of Engineers ditional $2,860,000 for work to bring Mis- nities throughout the nation and result in shall be used to acquire land in Jasper Coun- sissippi River levees up to grade. Using those hazardous navigation conditions that could ty, South Carolina, in connection with the funds, the Corps of Engineers is directed to directly lead to the loss of life and property. Savannah Harbor navigation project. The conferees expect the Administration to undertake additional work in Louisiana and The conference agreement deletes lan- continue to request adequate funds for main- Mississippi as described in the House and guage contained in Senate bill earmarking tenance of these projects. Senate reports. funds for the Compton Creek Channel, Cali- The conference agreement includes an ad- The conferees direct the Corps of Engineers fornia, project and the Buford-Trenton Irri- ditional $3,000,000 for the Corps of Engineers to use funds appropriated in this Act to con- gation District erosion control project in to undertake additional work on the Big duct and continue their participation in the North Dakota. Funding for these projects Sunflower River in Yazoo Basin in Mis- comprehensive water resources study of the has been included in the overall amount ap- sissippi, including Black Bayou Item 2, Alabama-Coosa-Tallapoosa and Apalachi- propriated for Operation and Maintenance, Black Bayou Item 3, and the purchase of cola-Chattahoochee-Flint River Basins with General. mitigation lands. the states of Alabama, Florida, and Georgia, The conferees are aware of a sedimentation as specified in the Memorandum of Agree- REGULATORY PROGRAM problem in Union County, Mississippi, re- ment dated January 3, 1992, as supplemental The conference agreement appropriates sulting from recurring flooding of the Little or amended, between the parties (the states $101,000,000 for the Regulatory Program as Tallahatchie River in the vicinity of New Al- of Alabama, Georgia, Florida, and the Army proposed by the House and the Senate. bany, Mississippi. The Corps of Engineers Corps of Engineers), through December 31, The conference agree that the Corps of En- shall provide the Committee on Appropria- 1997 or the completion of the Comprehensive gineers should seek ways to implement the tions with a report, not later than April 1, Study. Further funding contributions made proposed administrative appeals process 1997, which provides details on: a) the nature by the states up to and including fiscal year within the resources provided. of the problem; b) options to solve the flood- 1996 will be considered in any additional FLOOD CONTROL AND COASTAL EMERGENCIES ing problem, along with a time line and asso- funding requirement for contract studies or The conference agreement appropriates ciated costs for each option; and c) statutory elements thereof. $10,000,000 for Flood Control and Coastal authority for the Corps of Engineers to do The conferees have provided an additional Emergencies as proposed by the House and the work necessary to resolve the problem. $550,000 for the Corps of Engineers to con- the Senate. In addition, the conference The conferees direct the Army Corps of En- tinue repairs to the damaged east and west agreement includes language proposed by the gineers to submit a report to the Congress, jetties and to construct a concrete cap on House which directs the Secretary of the by January 31, 1997, on the status of the Bon- the east jetty at Newport Bay Harbor in Army to use up to $8,000,000 of the funds ap- net Carre’ Freshwater Diversion Project. The California. propriated in this Act and in Public Law 104– September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10247 134 to rehabilitate non-Federal flood control from service for repair or rehabilitation or cifically funded ongoing construction levees along the Puyallup and Carbon Rivers placed in the reserve fleet or on standby sta- projects because of insufficient funding. in Pierce County, Washington. tus and is prevented from accomplishing the When exercising this authority, the Sec- OIL SPILL RESEARCH level of work it has carried out during the retary of the Army should be guided by the past three fiscal years, the conferees direct direction contained in the Senate report. The conference agreement provides no the Corps of Engineers to reduce the 8,500,000 funds for the Oil Spill Research program. The conference agreement, in Section 107, cubic yards by the share allocated to that includes language proposed by the Senate di- GENERAL EXPENSES dredge over the past three fiscal years which recting the Corps of Engineers to complete The conference agreement appropriates has been put out for bid to the private sec- the Charleston Riverfront (Haddad) Park, $149,000,000 for General Expenses instead of tor. West Virginia, project. $145,000,000 as proposed by the House and The conference agreement, in Section 102, $153,000,000 as proposed by the Senate. includes language prohibiting the use of The conference agreement, in Section 108, The conference agreement deletes lan- funds available to the Corps of Engineers to includes language proposed by the Senate guage contained in the Senate bill which study, design, or undertake improvements or which modifies the authorization for the Ar- would have prohibited the Secretary of the major repair to the hopper dredge McFar- kansas City, Kansas, project by increasing Army from obligating funds for the closure land, except for normal maintenance and re- the project’s estimated cost with an amend- of the Pacific Ocean Division. pair necessary to maintain the vessel in its ment to reflect the current Federal and non- The conferees have, however, included lan- current operational condition. This language Federal costs. guage in the bill which directs the Secretary is identical to language contained in the fis- The conference agreement, in Section 109, of the Army to begin implementing a plan to cal year 1996 Energy and Water Development includes language proposed by the Senate reduce the number of division offices to no Appropriations Act. The House bill con- which provides that funds appropriated in more than eight and no less than six on April tained a similar provision, while the Senate the fiscal year 1993 Energy and Water Devel- 1, 1997, and which provides authority for the bill did not address the issue. opment Appropriations Act for the Elk Corps of Engineers to transfer up $1,500,000 The conference agreement, in Section 103, Creek Dam, Oregon, project are available to into this account from other accounts in this includes language proposed by the Senate plan and implement long term management Title to investigate impacts in the delay in which modifies the authorization for the measures at Elk Creek Dam to maintain the implementation of the division closure plan. Moorfield, West Virginia, project by increas- project in an uncompleted state and to take ing the project’s estimated cost. GENERAL PROVISIONS necessary steps to provide fish passage The conference agreement, in Section 104, through the project. CORPS OF ENGINEERS—CIVIL includes language proposed by the Senate The conference agreement, in section 110, The conference agreement, in Section 101, which modifies the authorization for the includes language authorizing and directing includes language which provides that the Grays Landing Lock and Dam, Monongahela the Secretary of the Army to modify the Secretary of the Army, in fiscal year 1997, River, Pennsylvania, project by increasing Hudson River, New York, project, to provide shall advertise for competitive bid at least the project’s estimated cost. for a 330-foot wide channel to a depth of 24 8,500,000 cubic yards of the hopper dredge vol- The conference agreement, in Section 105, feet from the existing Federal channel in the umes accomplished with Government-owned includes language proposed by the Senate vicinity of Hudson City Light to the north dredges in fiscal year 1992 instead of which provides that flood control measures dock at Union Street, Athens, New York. 10,000,000 cubic yards as proposed by the implemented under the authority of Section House and 7,500,000 cubic yards as proposed 202(a) of Public Law 96–367 shall prevent fu- The conference agreement, in section 111, by the Senate. During the period in which ture losses that would occur from a flood includes a provision amending language con- any of the Federal hopper dredges are placed equal in magnitude to the flood of April 1977 tained in the fiscal year 1996 Energy and in the reserve fleet or on standby status, or or the 100-year frequency event, whichever is Water Development Appropriations Act re- out of service for lengthy repair or rehabili- greater. The Senate language has been garding the conveyance of land to the City of tation, reallocating the entire 8,500,000 cubic amended to clarify that it applies to non- Prestonsburg, Kentucky. yards among the remaining Federal dredges structural flood control measures. The conference agreement, in section 112, would require further reduction in their days The conference agreement, in Section 106, includes language modifying the authoriza- of service, thus making their operation more includes language proposed by the Senate tion for the project to perform emergency costly and less competitive. Therefore, if any which will prevent the termination of con- gate construction at Abiquiu Dam in New of the Federal hopper dredges is removed tracts or the delay of scheduled work at spe- Mexico. H10248 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10249 H10250 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10251 H10252 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10253 H10254 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10255 H10256 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10257 H10258 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10259 H10260 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10261 H10262 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10263 H10264 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10265 H10266 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10267 H10268 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10269 H10270 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10271 H10272 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10273 H10274 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10275 H10276 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10277 H10278 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10279 H10280 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10281 H10282 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10283 H10284 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10285 H10286 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10287 H10288 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10289 H10290 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10291 H10292 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10293 TITLE II Bureau of Reclamation in cooperation with The conferees expect that the funds depos- DEPARTMENT OF THE INTERIOR the Glenn-Colusa Irrigation District. ited with the National Fish and Wildlife The conferees have provided $1,100,000, the Foundation for these programs shall be sub- CENTRAL UTAH PROJECT COMPLETION ACCOUNT same as the level provided by theHouse, for ject to the same process, including matching The conference agreement appropriate work on alternative fish guidance systems requirements and competitive selection, as $43,627,000 to carry out the provisions of the and for new work on a positive barrier screen are other grants administered by the Foun- Central Utah Project Completion Act as pro- at Reclamation District 108’s Wilkins Slough dation. The conferees emphasize the desire posed by theHouse and the Senate. pumping plant. Of the funds provided, to build partnerships between diverse com- BUREAU OF RECLAMATION $500,000 shall be allocated to work on alter- munities, leverage the use of taxpayer funds The summary tables at the end of this title native fish guidance systems. and maximize the value of projects selected The conferees have provided an additional set forth the conference agreement with re- for funding. The Foundation shall continue $2,500,000 for the Endangered Species Recov- spect to the individual appropriations, pro- to have authority to select projects for fund- ery Implementation program for a wetland grams, and activities of the Bureau of Rec- ing through this program in order to realize restoration project to be carried out along lamation. Additional items of conference the greatest fish and wildlife benefits. the Williamson River in Klamath County, agreement are discussed below. OPERATION AND MAINTENANCE Oregon, pursuant to the Upper Klamath GENERAL INVESTIGATIONS Basin Working Group. Within 30 days of en- The conference agreement appropriates The conference agreement appropriates actment of this Act, these funds shall be $267,876,000 for Operation and Maintenance $16,650,000 for General Investigations instead transferred in their entirety to a nonprofit instead of $286,232,000 as proposed by of $14,548,000 as proposed by theHouse and entity with expertise in fish and wildlife theHouse and $280,876,000 as proposed by the $18,105,000 as proposed by the Senate. management, and with a memorandum of Senate. The conference agreement includes understanding with the Bureau of Reclama- The conferees are aware that the Bureau of $1,000,000 for the Bureau of Reclamation to tion, to hold in an interest-bearing account Reclamation and the Bonneville Power Ad- undertake feasibility studies for water con- and disburse as appropriate to other entities ministration (BPA) have been negotiating an servation projects in the Deschutes and to accomplish the project purposes. This agreement under which BPA will provide di- Rogue River basins in Oregon. project shall be carried out jointly between rect funding for the annual operations and The conference agreement includes lan- the private entity, the Bureau of Reclama- maintenance costs associated with Reclama- guage in the bill providing $250,000 for the tion, the U.S. Fish and Wildlife Service, the tion’s hydropower generation facilities in Del Norte County and Crescent City, Califor- Natural Resources Conservation Service of the Pacific Northwest. This approach would nia, Wastewater Reclamation project, and the Department of Agriculture, and non-Fed- replace the existing procedure under which $250,000 for the Fort Bragg, California, Water eral interests in the project area. Reclamation requests annual appropriations Supply project. The conference agreement includes lan- to cover those costs with BPA providing re- The conferees understand that the Bureau guage proposed by theHouse that directs the imbursement to the Treasury. The conferees of Reclamation has been working coopera- Bureau of Reclamation to complete, by the believe the agreement should provide greater tively with interested parties in efforts to se- end of fiscal year 1997, the environmental im- assurance of an appropriate level of funding cure reliable and safe water supplies for the pact statement being conducted on the pro- for maintenance of power facilities thereby City and County of Santa Fe, New Mexico. posed Tucson, Arizona, surface reservoir. reducing the frequency of costly overhauls The Bureau is to be commended and is en- The conference agreement deletes lan- and increasing the reliability of BPA’s power couraged to continue to provide assistance guage contained in the Senate bill for the supply. The funding level for Reclamation’s and work cooperatively with the City and Mid-Dakota Rural Water System in South operation and maintenance program con- County in the regional planning process to Dakota. Funding for this project has been tained in the conference agreement assumes resolve critical issues associated with pro- provided within the overall amount appro- that direct funding by BPA will be imple- viding clean, reliable drinking water for the priated for the Construction Program. mented beginning in fiscal year 1997. region. The conference agreement includes lan- The conferees direct the Bureau of Rec- The conference agreement deletes language proposed by the Senate extending the lamation to carry out the items of work de- guage contained in the Senate bill earmark- authority for the Reclamation States Emer- scribed in theHouse and Senate reports. ing funds for the Cheyenne River Sioux Res- gency Drought Relief Act of 1991, Public Law BUREAU OF RECLAMATION LOAN PROGRAM ervation, South Dakota, study. Funding for 102–250, through 1997. The bill also includes ACCOUNT language proposed by the Senate increasing this study is included in the overall amount The conference agreement appropriates provided for General Investigations. the cost ceiling for the Umatilla Basin project in Oregon. $12,715,000 for the Bureau of Reclamation CONSTRUCTION PROGRAM The conference agreement deletes funding Loan Program Account as proposed by The conference agreement appropriates proposed by the Senate for the McCall theHouse and the Senate. $394,056,000 for the Construction Program in- Wastewater Treatment facility in Idaho and CENTRAL VALLEY PROJECT RESTORATION FUND stead of $367,496,000 as proposed by theHouse the Devils Lake, North Dakota, Desalination Funding for the Contra Costa Canal Rock and $398,596,700 as proposed by the Senate. project. Slough fish screen project is contained with- The conferees have included $444,000 for the The conference agreement includes in the amounts appropriated under the Con- In-Situ Copper Mining Research Project, lo- $58,740,000 for the Central Arizona Project instruction Program. cated near Casa Grande, Arizona, which has stead of $51,155,000 as proposed by theHouse been transferred to the Bureau of Reclama- and $58,325,700 as proposed by the Senate. GENERAL ADMINISTRATIVE EXPENSES tion from the Bureau of Mines, for the con- The specific items which comprise the total The conference agreement appropriates tinuation of the field test as proposed by reduction of $12,988,000 are as follows: Hay- $46,000,000 for General Administrative Ex- theHouse. The funds are to be cost-shared by den-Rhodes Aqueduct, Siphon Repairs, Non- penses instead of $45,150,000 as proposed by the private sector partner as provided for in contract Costs—$1,616,000; Hayden-Rhodes theHouse and $48,307,000 as proposed by the the contract. It is the conferees’ understand- Aqueduct, Other Repairs, Noncontract Senate. ing that sufficient funds were transferred Costs—$1,509,000; Other Project Costs, Water The bill includes appropriations to con- with the project to support Reclamation’s Allocations, Noncontract Costs—$500,000; tinue work of the Western Water Policy Re- in-house research and oversight responsibil- Other Project Costs, Curation Facilities, view Advisory Commission authorized under ities through the conclusion of the project. O&M During Construction—$350,000; Other Public Law 102–575, Title 30, Western Water The Bureau of Reclamation should closely Project Costs, Curation Facilities, Noncon- Policy Review Act. A question has arisen re- examine the research data to explore the ap- tract Costs—$400,000; Other Project Costs, garding the authority of the Commission to plication of the technology to other of its Native Fish Protection, Major Contracts— hire temporary staff from outside of the Fed- programs. $2,775,000; Other Project Costs, Native Fish eral government. It is not the intent of Con- The conference agreement includes Protection, Noncontract Costs—$332,000; gress in Section 3007 (c)(1) of the subject Act $500,000, $250,000 above the budget request, Other Project Costs, Environmental En- to require the Commission to obtain permis- for the Bureau of Reclamation to undertake hancement, Major Contracts—$900,000; Other sion from the Secretary of the Interior for an environmental analysis and perform engi- Project Costs, Environmental Enhancement, each temporary position to be filled. This neering for screening the Contra Costa Canal Noncontract Costs—$801,000; New Wadell section is included only to advise the Com- intake at Rock Slough in California. Dam, Recreation Facilities—$1,550,000; and mission of the desirability of utilizing Fed- In lieu of the directive contained in New Wadell Dam, Noncontract Costs— eral staff where they can be made available theHouse report, the conferees direct the Bu- $2,255,000. The amount provided for the to the Commission at no cost. However, reau of Reclamation to provide private enti- Central Arizona Project includes $200,000 for given the special needs of the Commission ties with a fair and reasonable opportunity the Sierra Vista effluent recharge project for independent analysis of Federal pro- to construct, rather than design and con- and $1,470,000 for the Roadrunner Camp- grams, and the very abbreviated time frame struct, new fish screen and fish recovery fa- ground at New Wadell Dam. for their work, it is recognized that the Com- cilities associated with the Glenn-Colusa Ir- The conference agreement includes $225,000 mission must be able to fill temporary posi- rigation District’s Hamilton City Pumping each for the Spring Run Salmon and Coho tions where necessary with persons from out- Plant, with oversight responsibility by the Salmon programs as proposed by theHouse. side of the Federal government. H10294 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10295 H10296 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10297 H10298 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10299 H10300 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10301 H10302 CONGRESSIONAL RECORD — HOUSE September 12, 1996 TITLE III tinct programs, the power systems program The conference agreement includes DEPARTMENT OF ENERGY and the transportation program. The $12,704,000 for the isotope support program $27,650,000 provided for the power systems including $5,000,000 to implement the Depart- The summary tables at the end of this title program includes the budget request amount ment’s record of decision on the production set forth the conference agreement with re- to complete demonstration of the hot-gas fil- of molybdenum-99. spect to the individual appropriations, pro- tration system at the gasifier in Hawaii. grams, and activities of the Department of ENVIRONMENT, SAFETY AND HEALTH This year’s funding is the final year of fund- Energy. Additional items of conference The Radiation Effects Research Founda- ing for this project. The power systems pro- agreements are discussed below. tion (RERF) is a private foundation co-fund- gram also includes funding for the gasifier in ed by the governments of the United States REPROGRAMMINGS Burlington, Vermont, and $4,000,000 for the and Japan to study the effects of radiation The conference agreement does not provide biomass cogeneration turbine development on the survivors of theHiroshima and Naga- the Department of Energy with any internal program, $1,000,000 less than the amount re- saki bombings. The conferees agree that this reprogramming flexibility in fiscal year 1997 quested. The transportation program in- program is a defense-related activity and unless specifically identified in theHouse, cludes $3,000,000 for the cost-shared biomass have included the fiscal year 1997 funding of Senate, or conference reports. Any realloca- ethanol plant in Gridley, California, and $15,000,000 in the environment, safety and tions of new or prior year budget authority $1,000,000 for testing forest residue feedstocks health program under Other Defense Activi- or prior year deobligations must be submit- at the Department’s biomass ethanol user fa- ties. ted to theHouse and Senate Appropriations cility, with the remainder of the funds made ENERGY RESEARCH Committees in advance in writing and may available for biochemical conversion. The Biological and environmental research not be implemented prior to approval by the conferees direct that funding for the regional The conference agreement includes Committees. This action has been taken as a biomass program and the feedstock program $10,000,000 for the final phase of the Bio- result of liberal use of this authority by the be allocated equally between the power sys- medical Information Communication Center Department to fund activities which were tems and transportation programs. at the Oregon Health Sciences University. neither presented to nor approved by Con- Funding of $750,000 for the solar inter- The database resulting from the project will gress. The Committees will review the need national program is to be allocated to non- be used to track the efficacy and effect of for this authority as part of the fiscal year governmental organizations which are active medical treatments, and assist in research 1998 appropriations process. in joint implementation activities to develop efforts associated with the long-term effects USE OF RECEIPTS FROM LEASING OR SELLING specific international energy projects. The of low-level exposure to potential environ- GOVERNMENT PROPERTY OR ASSETS conferees direct that any carryover funds mental hazards such as radiation or electro- The conferees expect the receipts from ei- available on October 1, 1996 in the solar magnetic fields. The conference agreement ther the lease or sale of government assets, international and solar transfer programs be also includes $3,000,000 for the Indiana Uni- less the costs directly related to the lease or used only to honor existing contracts. Carry- versity School of Medicine. The University is sale, to be remitted to the United States over funds from these two programs are not nationally renowned for its achievements in Treasury unless specific authority is con- to be available for obligation for new con- the field of nuclear medicine. This contribu- tained in the Appropriations Act permitting tracts or agreements. tion will allow the university to expand its Funding of $30,000,000 is provided for the the Department to retain these receipts to efforts in the research and treatment of can- geothermal program, including $300,000 for offset funding requirements. cer, AIDS and other life-threatening dis- The Department should perform a com- the Geo-Heat Center at the University of Or- eases. Within available funds, $1,000,000 is pro- prehensive review of current government as- egon Institute of Technology and $2,000,000 vided to establish a collaborative Boron Neu- sets which may be available for lease or sale for the Geysers geothermal project, which represents the final Federal contribution to tron Capture Therapy (BNCT) program uti- and the potential revenues available from lizing the nuclear radiation capabilities at such sources, and be prepared to discuss this this program. Funding of $1,000,000 is provided for hydro- the McClellan Nuclear Radiation Center issue and the need for additional legislation power for the cost-shared fish-friendly tur- (MNRC). This program will help establish during the fiscal year 1998 appropriations bine research and development program. the efficacy of BNCT for the treatment of in- process. Funding of $4,000,000 is provided for renew- operable brain tumors and will expand to in- PROGRAM DIRECTION ACCOUNTS able Indian energy resources, including clude other difficult-to-treat malignancies The conferees expect the Department to $1,000,000 for the final Federal share of such as melanoma, skull-base tumors, inher- adhere to the funding levels provided for theHaida Alaska Native Village Corpora- ently radio-resistant tumors, long-bone sar- each program direction account in fiscal tion’s Reynolds Creek hydroelectric project, coma in children and pediatric brain tumors. year 1997. If any funds other than the unobli- $2,000,000 for the Eyak Native Corporation’s Fusion gated balances available for these specific Power Creek hydroelectric project and The conferees have provided $232,500,000 for activities at the end of fiscal year 1996 are to $1,000,000 for the Klawock-Thorne Bay- the fusion energy program, an increase of be used, the Department is expected to sub- Kasaan electrical intertie. $7,500,000 over theHouse recommendation. mit a reprogramming to Congress. This re- Due to severe budget constraints, the con- The conferees support theHouse and Senate quirement pertains to the use of any prior ferees have not included the Senate language inclusion of program direction and computa- year deobligations or any other reserve or encouraging the Department to start a new tional support within the amount provided other program accounts which may be used program developing metal matrix compos- for the fusion program. The conferees en- to augment the program direction funding. ites. courage the Department to reduce the amount identified for program direction, but GENERAL REDUCTIONS NECESSARY TO The conference agreement does not direct do not stipulate amounts for program direc- ACCOMMODATE SPECIFIC PROGRAM DIRECTIONS a specific reduction in the number of federal employees at Headquarters. tion or computational support. To further In the event that specific program guid- provide maximum flexibility, the conferees NUCLEAR ENERGY ance contained in theHouse, Senate, or con- have not included the prescriptive language ference reports requires a general reduction The conferees have provided $38,000,000 for included in theHouse report. of available funding, such reductions shall the light water reactor program, $2,000,000 The conferees have provided funds to con- not be applied disproportionately against less than the budget request and the Senate tinue and complete operations and provide any program, project, or activity. amount. This is the final Federal contribu- for safe shutdown of the TFTR in fiscal year ENERGY SUPPLY, RESEARCH AND DEVELOPMENT tion to the light water reactor program. The 1997. This is the final year of funding for fu- ACTIVITIES conferees have not included funding to dem- sion operations at the TFTR. onstrate or study annealment of reactor The conference agreement includes funding The conference agreement appropriates cores. to continue the U.S. participation in the en- $2,710,908,000 for Energy Supply, Research The conferees note that there is insuffi- gineering design activities phase of the and Development Activities instead of cient funding to support a viable nuclear en- international thermonuclear experimental $2,668,573,000 as proposed by theHouse and gineering and radiation science research pro- reactor (ITER) project, to which the United $2,764,043,000 as proposed by the Senate. The gram. This program is underfunded to the States is committed through fiscal year 1998. agreement deletes language proposed by point where the viability of the nuclear engi- Basic energy sciences theHouse directing that $1,440,000 be made neering academic departments in the United available for FTE reductions, and deletes Funding of $7,000,000 is provided for the Ex- States, and the nuclear science capability of language proposed by the Senate providing perimental Program to Stimulate Competi- the nation, are at risk. The health and vital- $5,000,000 for research of converting saline tive Research (EPSCoR) program. Also, the ity of the academic infrastructure in nuclear water to fresh water. conference agreement provides $3,200,000, for science and engineering in the U.S. depends the Midwest Superconductivity Consortium. SOLAR AND RENEWABLE ENERGY PROGRAMS on an adequately funded research program. The conferees support collaborative multi- Funding of $29,000,000 is provided for the Therefore, the conferees urge the Depart- institution, multi-discipline materials re- wind energy program, of which $2,000,000 ment to include sufficient funding to rein- search efforts involving ion exchange mem- shall be for the Kotzebue, Alaska project. state the Nuclear Engineering Education Re- branes, ion exchange resins, and solidifica- Funding of $55,300,000 for biofuels energy search program in the fiscal year 1998 budget tion-stabilization for immobilization of haz- systems is equally divided between two dis- request. ardous wastes. The conferees are aware of an September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10303 industrial multi-institutional consortium in URANIUM SUPPLY AND ENRICHMENT ACTIVITIES by theHouse and $23,103,000 as proposed by the southeast which is exploring research in The conference agreement appropriates net the Senate. these applications and encourages the De- funding of $1,000,000 instead of $11,772,000 as The conferees agree that the current case partment to determine whether there is a proposed by theHouse and no funding as pro- load of the Office of Contractor Employee Departmental interest in joining this consor- posed by the Senate. Protection does not support a separate office tium. The conference agreement includes bill of the current size, and direct the Inspector The conference agreement includes language proposed by the Senate which General to assume the responsibility for $10,000,000 for the University of Alabama. would permit security guards to carry side these activities. Funding of $9,500,000 is provided to complete arms at the gaseous diffusion plants. ATOMIC ENERGY DEFENSE ACTIVITIES the Energy, Minerals, and Materials Re- The conference agreement retains bill lan- search Center which focuses on fundamental guage proposed by the Senate providing for Weapons activities research in state-of-the-art manufacturing payment by the United States Enrichment The conference agreement appropriates technologies related to energy efficiency and Corporation of necessary employee and agen- $3,911,198,000 instead of $3,684,378,000 as pro- conservation, environmentally responsible cy contributions to the Thrift Savings Fund. posed by theHouse and $3,988,602,000 as pro- production techniques and advanced infor- The conferees agree to provide up to posed by the Senate. mation systems at the University of Ala- $10,000,000 of program funds for transparency The conference agreement supports the di- bama-Tuscaloosa. The remaining $500,000 is measures. rection provided in the Senate report for the provided to the University of Alabama-Bir- URANIUM ENRICHMENT DECONTAMINATION AND stockpile stewardship program with the fol- mingham in support of a cooperative re- DECOMMISSIONING FUND lowing adjustments. An increase of search agreement to use magnetic resonance The conference agreement appropriates $30,000,000 over the budget request is pro- imaging systems to develop advanced cardio- $200,200,000 as proposed by theHouse instead vided for the accelerated strategic comput- vascular imaging applications. The con- of $205,200,000 as proposed by the Senate. The ing initiative. An additional $10,000,000 over ference agreement also includes $7,000,000 for conference agreement retains language pro- the budget request has been provided for the the Center for Technological Research with posed by theHouse providing $34,000,000 for technology transfer program; within this Industry at Rose-Hulman Institute of Tech- the uranium and thorium reimbursement program up to $10,000,000 should be allocated nology. This project will complement the program. for the American Textile Partnership school’s ongoing efforts to increase our na- GENERAL SCIENCE AND RESEARCH ACTIVITIES (AMTEX), and up to $10,000,000 should be al- tion’s competitiveness by coordinating tech- located for the Advanced Computational and The conference agreement appropriates nology-based research with industrial and Technology Initiative (ACTI). The con- $996,000,000 for General Science and Research governmental sponsors. ference agreement provides specific funding Activities as proposed by theHouse instead Other energy research activities of $1,000,626,000 as proposed by the Senate. levels identified by theHouse and Senate for The conference agreement includes the University of Rochester and the Naval NUCLEAR WASTE DISPOSAL FUND $10,000,000 for the establishment of the en- Research Laboratory in the inertial confine- ergy and environmental technology applica- The conference agreement appropriates ment fusion program. tions project at the University of Southwest- $182,000,000 as proposed by theHouse instead For core stockpile management, the con- ern Louisiana. The project will enhance fun- of $200,028,000 as proposed by the Senate and ference agreement provides $1,834,470,000. damental automation research in areas de- deletes language proposed by theHouse mak- Funding of $150,000,000 is provided for a new signed to improve the nation’s global coming the appropriation subject to authoriza- tritium source, instead of $100,000,000 as pro- petitiveness and energy efficiency. tion. The conference agreement includes lan- posed by theHouse and $160,000,000 as pro- The conferees have included theHouse rec- guage proposed by theHouse prohibiting disposed by the Senate. The conferees direct the ommendation for program direction, tribution of funds appropriated under this Department to notify theHouse and Senate $30,600,000, but do not agree with theHouse heading for the State of Nevada or affected Committees on Appropriations prior to initi- direction that $2,500,000 be available for ex- units of local government. The agreement ating in-reactor tests of tritium target rods penses related to workforce reduction. The also includes language proposed by the Sen- at a commercial light water reactor. En- conferees have not recommended a specific ate requiring the Secretary to prepare a via- hanced surveillance activities are increased amount for the technology transfer program. bility assessment of the Yucca Mountain by $15,000,000; advanced manufacturing ac- site, amended to impose a deadline of Sep- ENERGY SUPPORT ACTIVITIES tivities are increased by $80,000,000; and tember 30, 1998 instead of June 30, 1998 as $6,000,000 is included for upgrades for the The conferees agree with theHouse rec- proposed by the Senate. tritium recycling facility. ommendation that funding for University The conferees direct that the appropriated and Science Education programs be provided funds be used in accordance with the Civilian For program direction funding, the con- from the sponsoring programs in the Depart- Radioactive Waste Management Draft Pro- ference agreement provides $325,000,000 which ment. The Department of Energy spends well gram plan issued by the Department in May includes $22,600,000 for the final settlement over $100,000,000 throughout its programs to 1996 and for interim storage activities as au- payment for the community assistance pro- support science and education activities. To thorized by law. gram at Los Alamos, New Mexico. The fund- the extend such activities benefit and are a ing provided is $31,404,000 less than the budg- DEPARTMENTAL ADMINISTRATION byproduct of the line programs, those pro- et request for salaries and other expenses, grams should, within available funds, be the The conference agreement appropriates and the conferees agree that these reduc- educational sponsor. $215,021,000 for Departmental Administration tions should be taken proportionately as rec- instead of $194,000,000 as proposed by IN-HOUSE ENERGY MANAGEMENT ommended in theHouse report. theHouse and $218,017,000 as proposed by the Last year, Congress eliminated the In- Senate. Revenues of $125,388,000 are esti- DEFENSE ENVIRONMENTAL RESTORATION AND House Energy Management program as a mated to be received in fiscal year 1997, re- WASTE MANAGEMENT stand-alone program. Notwithstanding this sulting in a net appropriation of $89,633,000. The conference agreement appropriates direction, the Department defied the clear The proposed funding level includes $6,000,000 $5,459,304,000 for Defense Environmental Res- intent of Congress and continued the pro- available only for severance, termination, toration and Waste Management instead of gram by using other available Departmental and related costs resulting from the reduc- $5,409,310,000 as proposed by theHouse and resources. The conferees encourage the De- tion in personnel in Departmental Adminis- $5,605,210,000 as proposed by the Senate. partment to continue to carry out energy tration. The conference agreement includes The conference agreement deletes lan- conservation activities, but do not support $2,000,000 in environmental policy studies for guage included by the Senate earmarking the resurrection of a separate program which the Department to continue analytic global $2,000,000 for demonstration of stir-melter was eliminated last year. To the extent the climate change studies. technology and $5,000,000 for the Department has not already done so, the The conference agreement deletes bill lan- electrometallurgical treatment of spent nu- conferees recommend that the Department guage proposed by theHouse specifying end- clear fuel. conform its procurement regulations to the of-year employment levels by organization The conferees have provided $15,000,000 for procurement authorities provided by sub- in the Department of Energy. However, the ‘‘Closure Projects,’’ a new initiative to accel- sections (a) and (c) of section 546 of the Na- conferees are cognizant of these proposed erate the closure of facilities or significantly tional Energy Conservation Policy Act (42 employment levels and strongly urge the De- reduce outyear mortgage costs. The con- U.S.C. 8256). The conferees expect the De- partment to use these as a guideline for pro- ferees direct the Department to include partment to set an example and continue to portionate reductions in fiscal year 1997. funding at an appropriate level for this ac- lead the Federal Government in the procure- The conference agreement deletes lan- tivity as part of the fiscal year 1998 budget ment of energy saving devices and services. guage proposed by the Senate to provide vol- request. ENVIRONMENTAL RESTORATION AND WASTE untary separation incentives for the Depart- The conference agreement provides MANAGEMENT (NON-DEFENSE) ment of Energy and to require payment by $1,762,194,000 for environmental restoration, The conferees agree with theHouse report the Department of Energy to the Office of the same as the budget request. language on the Wayne, New Jersey project. Personnel Management. Within the waste management program, up The university robotics program is funded OFFICE OF THE INSPECTOR GENERAL to $2,000,000 is provided for demonstration of in the Defense Environmental Restoration The conference agreement appropriates stir-melter technology developed by the De- and Waste Management program. $23,853,000 instead of $25,000,000 as proposed partment and previously intended to be used H10304 CONGRESSIONAL RECORD — HOUSE September 12, 1996 at the Savannah River Site. The Department will not be supported by Congress. Funding Within the funding for arms control, a is directed to seek alternative use of this for environmental cleanup programs will total of $30,000,000 is for the Industrial technology to maximize the investment al- continue to be constrained next year, and Partnering Program, $7,900,000 is to complete ready made in this technology. the Department must ensure that it is not the canning of spent nuclear fuel rods in The conferees encourage the Department just moving the problem to another year and North Korea, and an additional $20,000,000 to support planning and concepts refinement another location. over the budget request of $92,637,000 is pro- for a Systems Approach to Precision Farm- The conference agreement maintains the vided for the materials protection, control, ing and Technology Integration consistent current policy that no cleanup funds are to and accounting program. with the 1995 Department of Energy/U.S. De- be used for economic development activities. The conference agreement includes the partment of Agriculture Memorandum of Un- The conferees have provided $62,000,000 in the Senate proposal or the intelligence program, derstanding. worker and community transition program and provides $88,122,000 for the program di- The conference agreement provides the which was established and authorized to fund rection account. budget request for site operations activities such activities, and expect all economic de- ENVIRONMENT, SAFETY AND HEALTH (DEFENSE) which were transferred to the nuclear mate- velopment activities to be funded from that rials and facility stabilization program. This program. The conference agreement provides includes the training and transportation The conferees note with concern the tend- $78,800,000, an increase of $15,000,000 over the budget requests which were reduced by ency of the FY 1997 defense authorization budget request, for defense-related environ- theHouse. Act to disregard an equitable allocation of ment, safety and health activities. The con- The conferees also direct the Department funds added above the budget request in the ferees have recommended funding the budget to provide $2,000,000 from the Defense Envi- Defense Environmental Restoration and request of $15,000,000 for the Radiation Ef- ronmental Restoration and Waste Manage- Waste Management account. Therefore, the fects Research Foundation in fiscal year 1997 ment account, through the Department’s conferees encourage the Department to in this account. The Foundation had pre- Memorandum of Understanding with the De- prioritize those programs and activities viously been funded in the environment, partment of Health and Human Services, for which would benefit from these additional safety and health (nondefense) account. theHanford Thyroid study. funds and submit a reprogramming request WORKER AND COMMUNITY TRANSITION Within the budget request for robotics in necessary to implement such programs and The conference agreement provides the technology development program, activities which the Department deems a $62,000,000 for the worker and community $4,000,000 is provided for the university ro- priority for the Defense Environmental Man- transition program instead of $57,000,000 as botics program as proposed by theHouse. agement mission. provided by theHouse and $67,000,000 as pro- The conferees are pleased with the progress Hanford Tank Farms privatization vided by the Senate. to date in implementing the environmental The conferees support statements in NUCLEAR ENERGY (DEFENSE) basic research program. In a recent review theHouse report that steps should be taken The conference agreement provides by the National Research Council, the Coun- to minimize any negative budgetary impact $45,000,000 for the international nuclear safe- cil endorsed this program and acknowledged, on current cleanup activities at Hanford re- ty program to improve the safety of Soviet- ‘‘* * * establishment of this mission-di- sulting from the creation of a privatization designed nuclear reactors. The conferees rected, basic research program as both an ur- fund for theHanford Tank Waste Remedi- have provided $3,500,000 for preparatory work gent and a prudent investment for the na- ation System program. The Department has for converting the fuel in three Russian pro- tion.’’ The National Research Council report also advised the conferees that this privat- duction reactors so that they do not produce further notes that the, ‘‘* * * long-term suc- ization fund does not take monies away from cess of this program is highly dependent on theHanford cleanup operating budget for FY weapons-grade plutonium while providing the continuing partnership between EM, 1997. Despite these assurances, however, con- heat and electricity. which understands the cleanup problems and cerns persist that the privatization fund will FISSILE MATERIALS DISPOSITION research needs, and ER, which, through its result in further funding cuts to Hanford’s The conference agreement provides mission to manage the department’s basic operating budget and accompanying job $103,796,000 for fissile materials disposition, research programs, understands how to se- losses at the site. In response to these con- an increase of $10,000,000 over the budget re- lect and manage research. The committee cerns, the conferees state their agreement quest. As proposed by the Senate, the addi- endorses the efforts made by EM and ER with the Department that the specific estab- tional funding will permit the Department to staff to work together and encourages them lishment of the privatization fund will not undertake a cooperative technology effort on to continue their efforts to build an effective directly cause additional delays in cleanup the verifiable dismantlement and conversion Environmental Management Science Pro- schedules or layoffs at Hanford in FY 1997. of plutonium from former Soviet Union gram.’’ Furthermore, the conferees strongly en- weapons. This effort will use new ARIES Due to budget constraints, the conference courage the Department, to the maximum technology to transform weapons grade plu- agreement provides $170,000,000 for the envi- extent possible, to allocate savings that re- tonium removed from Russian weapons into ronmental privatization program at Rich- sult from the new management contract at plutonium oxide or hydride which is unsuit- land, Washington. The conferees note with Hanford and any prior year balances to the able for weapons. much interest the recent National Academy privatization program for the treatment of NAVAL REACTORS of Sciences (NAS) report on theHanford high- high and low level waste at theHanford site. The conference agreement provides level waste tank remediation program. The FIXED ASSET ACQUISITION $681,932,000, as proposed by theHouse, instead conferees agree with the NAS statement The conference agreement provides that, ‘‘* * * a time during which funding is of $663,932,000 as proposed by the Senate. The $160,000,000 for this activity, instead of additional $18,000,000 over the budget request constrained is precisely the wrong time to $134,500,000 as proposed by theHouse and drop work on alternatives that might will be used to continue test reactor inac- $182,000,000 as proposed by the Senate. This tivation efforts. achieve satisfactory results at a signifi- funding is included in the Defense Environ- cantly lower cost.’’ The NAS report notes mental Restoration and Waste Management POWER MARKETING ADMINISTRATIONS that developing such backup technologies appropriation account. Alaska Power Marketing Administration ‘‘* * * would still allow remediation to pro- The conference agreement appropriates ceed expeditiously.’’ The conferees therefore OTHER DEFENSE ACTIVITIES $4,000,000, as proposed by theHouse and the recommend allocating up to $15,000,000 for The conference agreement appropriates Senate. technology development of such alter- $1,605,733,000 for Other Defense Activities in- natives. An example of such alternatives stead of $1,459,533,000 as proposed by Bonneville Power Administration brought to the attention of the Committees theHouse and $1,606,833,000 as proposed by A total of $3,750,000,000 has been made is a recent industry proposal to develop the Senate. Details of the conference agree- available to Bonneville as permanent bor- small, modular inductive in-can vitrification ment are provided below. rowing authority. For fiscal year 1997, the and in-tank processing as high-payoff backup NONPROLIFERATION AND NATIONAL SECURITY conferees recommend $277,000,000 in new bor- technologies. The conference agreement provides rowing authority, a reduction of $10,000,000 The conferees have provided $411,511,000 for $634,472,000 for nonproliferation and national from the budget request. During fiscal year the program direction account, a reduction security instead of $564,272,000 as proposed by 1997, Bonneville plans to repay the Treasury of $35,000,000 from the budget request. The theHouse and $649,872,000 as proposed by the $835,000,000, of which $278,000,000 is to repay number of Headquarters Federal employees Senate. principal on the Federal investment in these are to be reduced, and travel expenses and In the nonproliferation and verification re- facilities. The conferees agree that no new advisory and assistance services at Head- search and development program, the con- direct loans may be made in fiscal year 1997. quarters and the field are to be reduced. The ferees have provided an additional $17,000,000 The conferees agree with the Senate report conferees are very concerned with the De- to the Department to undertake a research language pertaining to fish and wildlife partment’s current plan to reduce employees and development program to address the agreements and mid-Columbia hydroelectric at Headquarters by transferring them to the technical means for detecting the presence, plants. While the conferees recognize Bonne- field. Any attempt to move employees to transportation, production, and use of mate- ville’s need to remain competitive and as- field offices without sufficient justification rials to make biological and chemical weap- sure its payments to the Treasury, Bonne- and a demonstrated critical need in the field ons. ville should make every effort to fulfill the September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10305 commitments it has made to renewable en- tive energy services market, and minimize by theHouse and $201,582,000 as proposed by ergy and energy conservation resources. the risk of cross-subsidies from BPA’s core the Senate. The conferees have agreed to retain the power marketing and transmission cus- FALCON AND AMISTAD OPERATING AND voluntary separation incentive language pro- tomers. The conferees expect Bonneville to MAINTENANCE FUND vided in fiscal year 1996, but have agreed to act consistent with the recommendations limit the authority to September 30, 2000. made by the Regional Review. The conference agreement appropriates BPA energy services business The conferees share the concern of $970,000, as proposed by theHouse and the theHouse report that Bonneville’s activities Senate. The changes occurring in the electric util- in this area may compete with the private ity industry are expected to result in sector. Bonneville shall work with represent- FEDERAL ENERGY REGULATORY COMMISSION changes to the authorities and responsibil- atives of the energy services industry in the The conference agreement appropriates ities of the Bonneville Power Administra- Northwest to reach agreement on principles $146,290,000 as proposed by the Senate instead tion. The conferees support the efforts of the which assure that Bonneville’s activities are of $141,290,000 as proposed by theHouse. Reve- Governors, through establishment of the Re- structured to enlarge the energy services nues are established at a rate equal to the gional Review, to develop consensus rec- market and do not compete with work that amount provided for program activities, re- ommendations for restructuring Bonneville. the private sector could reasonably perform. sulting in a net appropriation of zero. The conferees have heard legitimate con- The conferees understand that, with the ex- cerns expressed about Bonneville’s formation ception of Federal agencies, Bonneville has GENERAL PROVISIONS of an energy services business. While the committed to doing virtually no work with The conference agreement includes lan- conferees are not eliminating funding for retail consumers without the support of the guage proposed by theHouse pertaining to this venture, it should only be continued in local utility and the conferees expect Bonne- priority placement, job placement, retrain- the context of the historic energy efficiency ville to carry out this commitment. ing, and counseling programs for Depart- services Bonneville has offered to its exist- The Northwest Power Planning Council ment of Energy employees affected by a re- ing customers. shall prepare a report on Bonneville’s imple- duction in force. The conferees have agreed to limit Bonne- mentation of the Regional Review rec- ville’s borrowing authority to $10 million for ommendations regarding the Energy Serv- The conference agreement includes lan- their energy services business line, a de- ices Business within 180 days of enactment of guage providing that none of the funds ap- crease of $10 million from Bonneville’s re- this legislation, but in any case not later propriated by this or any other Act may be quest. Including this amount should not be than May 1, 1997. The Council is encouraged used in implement section 3140 of H.R. 3230 viewed as an endorsement by the conferees of to provide greater definition to the rec- as reported by the Committee on Conference Bonneville’s ESB activities. Bonneville ommendations provided by the Regional Re- on July 30, 1996. The Secretary of Energy should limit its activities to the continu- view. shall develop a plan to reorganize the field activities and management of the national ation of historic services to existing cus- OPERATION AND MAINTENANCE, SOUTHEASTERN security functions of the Department of En- tomers, including new contracts with exist- POWER MARKETING ADMINISTRATION ergy and shall submit such plan to the Con- ing customers, not to cumulatively exceed $3 The conference agreement appropriates million until the Regional Review has deter- gress not later than 120 days after the date of $16,359,000, $2,500,000 more than the amount enactment of this Act. The plan will specifi- mined the appropriateness of the activities proposed by the Senate and $2,500,000 less cally identify all significant functions per- and developed clear parameters. If the Re- than the amount proposed by theHouse. gional Review or ultimately Congressional formed by the Department’s national secu- OPERATION AND MAINTENANCE, SOUTHWESTERN action does not support Bonneville’s pro- rity operations and area offices and make POWER MARKETING ADMINISTRATION posed new venture, Bonneville should not ex- recommendations as to where those func- pand its activities into this area. When en- The conference agreement appropriates tions should be performed. tering into these contracts with existing cus- $25,210,000, as proposed by theHouse and the The conference agreement deletes lan- tomers, such contracts shall provide full cost Senate. guage proposed by the Senate pertaining to recovery. The parameters developed by the OPERATION AND MAINTENANCE, WESTERN AREA use of voluntary separation incentives by the Regional Review should address the appro- POWER MARKETING ADMINISTRATION Department of Energy and payments to the priate level of capitalization, competitive The conference agreement appropriates Office of Personnel Management for retire- implications and maintenance of a competi- $193,582,000, instead of $211,582,000 as proposed ment benefits. H10306 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10307 H10308 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10309 H10310 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10311 H10312 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10313 H10314 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10315 H10316 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10317 H10318 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10319 H10320 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10321 H10322 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10323 H10324 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10325 H10326 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10327 H10328 CONGRESSIONAL RECORD — HOUSE September 12, 1996 TITLE IV The conference agreement includes lan- for the Bostwick District (Kansas portion), INDEPENDENT AGENCIES guage proposed by the Senate prohibiting and Bostwick District (Nebraska portion) the use of funds for detailed engineering, de- projects for a period of one additional year APPALACHIAN REGIONAL COMMISSION sign and construction of a replacement for after the dates on which each of the con- The conference agreement appropriates Chickamauga Lock and Dam on the Ten- tracts would have otherwise expired. The $160,000,000 instead of $155,331,000 as proposed nessee River system. language has been amended to make tech- by theHouse and $165,000,000 as proposed by The conferees agree to require TVA to nical corrections. the Senate. comply with reprogramming guidelines. SEC. 507.—The conference agreement in- Of the total amount appropriated, TheHouse and Senate Committees will work cludes language proposed by the Senate re- $57,000,000 is provided for area development, with TVA to establish detailed guidelines to quiring the Department of Energy to submit $3,331,000 is provided for salaries and ex- improve the Authority’s financial account- a monthly report on adherence to rec- penses, and $99,669,000 is provided for high- ability. ommendations included in the reports ac- way development. TITLE V companying this appropriations act. The lan- DEFENSE NUCLEAR FACILITIES SAFETY BOARD guage has been modified to make this a one- GENERAL PROVISIONS The conference agreement appropriates time report, due on February 28, 1997. This SEC. 501.—The conference agreement in- $16,000,000 for the Defense Nuclear Facilities report should describe the status and excludes language proposed by theHouse and Safety Board instead of $12,000,000 as pro- pected actions to be taken for each rec- Senate regarding the purchase of American- posed by theHouse and $17,000,000 as proposed ommendation included in theHouse, Senate, made equipment and products, and language by the Senate. or conference report. proposed by theHouse prohibiting contracts SEC. 508, 509, 510.—The conference agree- DELAWARE RIVER BASIN COMMISSION with persons falsely labeling products as ment includes language proposed by The conference agreement appropriates no made in America. theHouse denying funds to institutions of funding for Salaries and Expenses as pro- SEC. 502.—The conference agreement in- higher learning which prevent campus access posed by theHouse instead of $342,000 as pro- cludes language proposed by theHouse re- to units of the Senior Reserve Officer Train- posed by the Senate and appropriates no pealing 42 U.S.C. 7262 which provides author- ing Corps or Federal military recruiting on funding as a contribution to the Delaware ity to the Secretary of Energy to accept campus, amended to apply only to such sub- River Basin Commission instead of $500,000 gifts, bequests, and devises of money. elements of affected institutions which pre- as proposed by the Senate. SEC. 503.—The conference agreement in- vent campus access. The language also pro- INTERSTATE COMMISSION ON THE POTOMAC cludes language proposed by theHouse which hibits the use of funds to enter into or renew RIVER BASIN provides that none of the funds made avail- contracts with entities failing to comply The conference agreement appropriates no able by this Act may be used to determined with statutory reporting requirements con- funding as proposed by theHouse instead of the final point of discharge for the intercep- cerning the employment of certain veterans. $508,000 as proposed by the Senate. tor drain for San Luis Unit of the Central SEC. 511.—The conference agreement de- Valley Project until development by the Sec- NUCLEAR REGULATORY COMMISSION letes language proposed by theHouse repeal- retary of the Interior and the State of Cali- ing section 508(f) of the Energy and Water The conference agreement appropriates fornia of a plan, which shall conform to the Development Appropriations Act, 1996, pro- $471,800,000 as proposed by theHouse and the water quality standards of the State of Cali- viding the Administrator of the Bonneville Senate. Of this amount, $14,500,000 is to be fornia as approved by the Administrator of Power Administration the authority to offer provided from general funds; the remainder, the Environmental Protection Agency, to employees voluntary separation incentives $457,300,000, is to be fully offset by fees and minimize any detrimental effect of the San up to $25,000. The voluntary separation in- collections. Luis drainage waters. The language also pro- centive language is retained and modified to NUCLEAR WASTE TECHNICAL REVIEW BOARD vides that the costs of the Kesterson Res- extend the buyout authority until Septem- The conference agreement appropriates ervoir Cleanup Program and the San Joaquin ber 30, 2000. $2,531,000 as proposed by theHouse and Sen- Valley Drainage Program shall be classified SEC. 512.—The conference agreement modi- ate. as reimbursable or nonreimbursable by the fies language proposed by the Senate regard- The conference agreement deletes lan- Secretary of the Interior as described in the ing scientific review of the Bonneville Power guage proposed by theHouse making the ap- Bureau of Reclamation report entitled, ‘‘Re- Administration’s fish and wildlife programs. propriation subject to the authorization repayment Report, Kesterson Reservoir Clean- The Managers believe that successful im- quired under the heading ‘‘Nuclear Waste up Program and San Joaquin Valley Drain- plementation of the Northwest Power Plan- Disposal Fund’’ and includes technical lan- age Program, February 1995’’ and that any ning Council’s (Council) fish and wildlife pro- guage proposed by theHouse to derive funds future obligation of funds for drainage serv- gram would be benefited by the advice of from the Nuclear Waste Fund instead of ice or drainage studies for the San Luis Unit independent scientists with expertise on the technical language proposed by the Senate shall be fully reimbursable by San Luis Unit enhancement of Columbia River fish and to transfer funds from the Nuclear Waste beneficiaries pursuant to Reclamation law. wildlife. The Managers understand that the Fund. SEC. 504.—The conference agreement in- Council, together with the National Marine cludes language proposed by theHouse which SUSQUEHANNA RIVER BASIN COMMISSION Fisheries Service, has established an ‘‘Inde- provides that none of the funds appropriated pendent Scientific Advisory Board’’ (ISAB) The conference agreement appropriates no in this Act may be used to revise the Mis- in order to provide scientific advice to the funds for Salaries and Expenses as proposed souri River Master Water Control Manual if Council and NMFS on the Council’s plan for by theHouse instead of $322,000 as proposed such revision provided for an increase in the fish and wildlife for the River system. The by the Senate and appropriates no funds as a springtime water release program during the Managers have included language in its bill contribution to the Susquehanna River Com- spring heavy rainfall and snow melt period directing the National Academy of Sciences mission as propose by theHouse instead of in states that have rivers draining into the to submit a list of individuals to the Council $300,000 as proposed by the Senate. Missouri River below the Gavins Point Dam. to serve on an ‘‘Independent Scientific Re- TENNESSEE VALLEY AUTHORITY SEC. 505.—The conference agreement view Panel’’ (Panel) to review projects for The conference agreement appropriates amends language proposed by theHouse re- funding under BPA’s annual fish and wildlife $106,000,000 for the Tennessee Valley Author- pealing a provision included in the Energy program. The Managers note that nothing in ity instead of $97,169,000 as proposed by and Water Development Appropriations Act, the bill language precludes NAS from rec- theHouse and $113,000,000 as proposed by the 1991, which made bypass releases for tem- ommending the same scientists that serve on Senate. perature control purposes at the Shasta Dam the ISAB to serve on the newly created Inde- The conference agreement earmarks nonreimbursable. The conferees have in- pendent Scientific Review Panel, provided $15,000,000 for the Environmental Research cluded this provision to make reimbursable that members meet the conflict of interest Center in Muscle Shoals, Alabama instead of any replacement power purchases neces- standards spelled out in the bill language. If prohibiting the use of funds for the center sitated by water releases for fishery purposes ISAB scientists are selected to serve on the (except for necessary termination expenses) that must bypass the generators in Shasta newly created Panel, such scientists should as proposed by theHouse and $20,000,000 as Dam, and have made the provision effective not be compensated twice for their services. proposed by the Senate. upon operation of the Shasta temperature The Managers understand that the Council The conference agreement earmarks control device or September 30, 1997. The has also developed multi-year work plans $6,000,000 for Land Between the Lakes in- temperature control device construction that are used to make decisions for fish and stead of $5,000,000 as proposed by theHouse should be completed early in fiscal year 1997. wildlife projects. The Managers note that and $8,000,000 as proposed by the Senate. The conferees anticipate that it will elimi- nothing in the bill language prohibits the The conference agreement earmarks nate waste of electrical energy and the need Panel and Peer Review Groups from review- $15,000,000 for economic development instead for replacement power purchases, and urge ing such multi-year work plan proposals. of $16,000,000 as proposed by theHouse and the Bureau of Reclamation to achieve oper- BPA’s annual fish and wildlife budget for $9,000,000 as proposed by the Senate. ation as soon as possible. the Council’s program totals well over $100 The conference agreement includes SEC. 506.—The conference agreement in- million. Its purpose is to protect, mitigate, $70,000,000 for stewardship and land and cludes language proposed by the Senate and enhance fish and wildlife populations water activities of the TVA. which extends the water service contracts along the Columbia and Snake River system. September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10329 The Managers recognize that the Columbia the authority of the State of Oregon to enter MAKING IN ORDER TODAY OR ANY Basin Fish and Wildlife Authority (CBFWA) into memorandum of understanding with the DAY THEREAFTER CONSIDER- is presently responsible for prioritizing State of Washington to address issues re- ATION OF CONFERENCE REPORT Council program measures and making rec- garding theHanford Reservation. ON H.R. 3816, ENERGY AND ommendations to the Council on projects to The conference agreement deletes lan- be funded through BPA’s annual fish and guage proposed by the Senate which gives WATER DEVELOPMENT APPRO- wildlife budget. The Managers understand the State of Oregon an opportunity to review PRIATIONS ACT, 1997 that each year roughly four hundred propos- and comment on certain remedial actions at Mr. MYERS of Indiana. Mr. Speaker, als are submitted for review by CBFWA in theHanford Nuclear Reservation in the State I ask unanimous consent that it be in order to receive funding from BPA’s annual of Washington. order at any time on Thursday, Sep- budget. CBFWA’s advice is important. The conference agreement deletes lan- CBFWA members, however, are also the Fed- guage contained in sections 507 and 508 of the tember 12, 1996, or any day thereafter eral and State fish and wildlife agencies and Senate bill which would have deferred prin- to consider a conference report to ac- the tribes who financially benefit from the cipal and interest payments for one year on company the bill, H.R. 3816; that all program. The Managers believe that inde- the water service contracts for the Nueces points of order against the conference pendent scientific review would remove any River and Canadian River projects in Texas. report and against its consideration be suggestion of conflict of interest in The conference agreement deletes lan- waived, and that the conference report prioritizing programs, and add an important guage proposed by the Senate, the text of S. element of independent scientific review to be considered as read when called up. 534, to provide authority for states to limit The SPEAKER. Is there objection to the Council decision making process. the interstate transportation of municipal The bill language seeks to ensure that solid waste and to provide for state and local the request of the gentleman from Indi- Northwest ratepayer dollars are being spent government control of the movement of mu- ana? in a cost effective and objective manner. The nicipal solid waste and recyclable material. There was no objection. bill language requires that the Council es- The conference agreement deletes lan- f tablish, from a list submitted by NAS, Sci- guage proposed by the Senate expressing the entific Peer Review Groups to assist the sense of the Senate regarding a United ANNOUNCEMENT BY THE SPEAKER Panel in making its recommendations to the States semiconductor trade agreement with The SPEAKER. The Chair will enter- Council. Projects shall be reviewed based Japan. upon the following criteria: projects benefit tain fifteen 1-minutes on each side. CONFERENCE TOTAL—WITH COMPARISONS fish and wildlife in the region; have a clearly f defined objective and outcome; and are based The total new budget (obligational) au- on sound science principles. thority for the fiscal year 1997 recommended WELCOMING THE REVEREND After review of the projects by the Panel by the Committee of Conference, with com- KENNETH P. ROGERS and Peer Review Groups, the Panel shall sub- parisons to the fiscal year 1996 amount, the mit its recommendations on project prior- 1997 budget estimates, and theHouse and (Mr. ARMEY asked and was given ities to the Council for consideration. The Senate bills for 1997 follow: permission to address theHouse for 1 Council shall make the Panel’s recommenda- minute and to revise and extend his re- New budget (obligational) tions available to the public for review. authority, fiscal year marks.) The Council shall review recommendations 1996 ...... $19,935,654,000 Mr. ARMEY. Mr. Speaker, with a of the Panel, the Columbia Basin Fish and Budget estimates of new great deal of pleasure today I would Wildlife Authority, and others, in making its (obligational) authority, final recommendations to BPA of projects to like to welcome to our body Pastor fiscal year 1997 ...... 20,648,952,000 be funded through BPA’s annual fish and Ken Rogers of the Lewisville Bible House bill, fiscal year 1997 19,838,990,000 wildlife budget. If the Council does not fol- Church, where my wife and I worship. Senate bill, fiscal year 1997 20,736,858,700 low the advice of the Panel, it is to explain Ken is a native of New Jersey. He is Conference agreement, fis- in writing the basis for its decision. The a graduate of the Dallas Theological cal year 1997 ...... 20,401,108,000 Managers understand that ocean conditions Conference agreement Seminary. He has pastored churches in are a contributing factor to the health of compared with: Nebraska and in New York, and now re- fish and wildlife populations in the region, New budget sides in Lewisville, TX, with his wife and have directed the Council to consider the (obligational) author- impacts of ocean conditions in making its Lou Ann and his two sons, Dan and ity, fiscal year 1996 ... +465,454,000 recommendations to BPA to fund projects. Nate. Budget estimates of Bill language also directs the Council to de- It is a very special thing for me to new (obligational) termine whether project recommendations see him open our session today in pray- authority, fiscal year employ cost effective measures to achieve its er, and I would like to just share a 1997 ...... 247,844,000 objectives. The bill language expressly states ¥ House bill, fiscal year thought with you that Ken shares with the Council, after review of Panel and other 1997 ...... +562,118,000 me often as he reminds me of a quote recommendations, has the authority to Senate bill, fiscal year from George Washington, our Founding make final recommendations to BPA on 1997 ...... 335,750,700 project(s) to be funded through BPA’s annual ¥ Father, where George Washington said, JOHN T. MYERS, fish and wildlife budget. and I quote, ‘‘It is impossible to rightly The provision shall go into effect upon the HAROLD ROGERS, govern the world without God and the date of enactment, and the Managers intend JOE KNOLLENBERG, Bible.’’ FRANK RIGGS, that the provision be used to start the plan- f ning process for the expenditure of BPA’s RODNEY P. FY98 fish and wildlife budget. This provision FRELINGHUYSEN, COMMONSENSE GOVERNMENT JIM BUNN, shall expire on September 30, 2000. REFORM NEEDED SEC. 513.—The conference agreement in- MIKE PARKER, cludes language renaming Cooper Lake in BOB LIVINGSTON, (Mr. GINGRICH asked and was given Texas as the ‘‘Jim Chapman Lake.’’ TOM BEVILL, permission to address theHouse for 1 SEC. 514.—The conference agreement in- VIC FAZIO, minute and to revise and extend his re- cludes language naming a dam on the Rogue JIM CHAPMAN, marks.) PETER J. VISCLOSKY, River in Jackson County, Oregon, as the Mr. GINGRICH. Mr. Speaker, I ‘‘William L. Jess Dam and Intake Struc- Managers on the Part of theHouse. brought in an official congressional ice ture.’’ PETE V. DOMENICI, SEC. 515.—The conference agreement in- MARK O. HATFIELD, bucket, because I thought it was the cludes language designating a portion of the THAD COCHRAN, perfect symbol of what we are trying to Red River in Louisiana as the ‘‘J. Bennett SLADE GORTON, do and how it sometimes gets misrepre- Johnston Waterway.’’ MITCH MCCONNELL, sented. GENERAL PROVISIONS NOT ADOPTED ROBERT F. BENNETT, When we became a majority for the The conference agreement deletes lan- CONRAD BURNS, first time in 40 years, we were trying, guage proposed by theHouse prohibiting the J. BENNETT JOHNSTON, frankly, to pinch a few pennies to save Tennessee Valley Authority from imposing a ROBERT C. BYRD, some money and to be able to provide FRITZ HOLLINGS, performance deposit in connection with per- tax relief. As we looked around at mits issued for docks and other residential HARRY REID, shoreline alternations. J. ROBERT KERREY, things that we might not need to be The conference agreement deletes lan- PATTY MURRAY, doing, we discovered that ice buckets guage proposed by the Senate pertaining to Managers on the Part of the Senate. were being delivered every morning to H10330 CONGRESSIONAL RECORD — HOUSE September 12, 1996 every office. We were under the impres- harder and harder every day, every INTRODUCING LEGISLATION COM- sion that refrigerators have now been month, every year, and having less to MEMORATING THE UNDER- invented and were available, and in show for it? Are you concerned that GROUND RAILROAD fact it turned out every office had re- your children will not be better off (Mr. PORTMAN asked and was given frigerators and virtually every staff than you are? Are you worried that permission to address theHouse for 1 member knew how to get ice out of the they will not be able to enjoy and share minute and to revise and extend his re- refrigerator. By eliminating the deliv- the American dream as we know it? Do marks.) ery of ice, we save $400,000 a year. you have concerns that big Govern- Mr. PORTMAN. Mr. Speaker, today I In terms of being a commonsense ment, wasteful spending, and big bu- am going to introduce legislation com- Congress, I just think this ice bucket reaucracy has stolen the American memorating an important story in our tells the story about as well as any- dream? Nation’s history, the underground rail- thing we have done. For years and I have those concerns. The Repub- road in my hometown of Cincinnati, years, long after refrigerators became lican Congress and many Members on which was a major stop in the under- common, ice was being delivered. The the Democrat side have those concerns, ground railroad, a vital means for Washington bureaucracy just kept too. We have worked for a balanced thousands of slaves to escape to free- doing whatever it was doing, even if it budget. We have worked for common- dom until the end of the Civil War. made no sense. sense reform of the bureaucracy. We Maybe to some folks $400,000 a year is The stories of the brave men, women, have worked for affordable and acces- not a lot of money, but that is enough and children of all races that com- sible health care. We have worked to money to give over 300 families the tax prised the underground railroad experi- reduce taxes. It concerns met that relief Bob Dole is offering without in- ence have tremendous power to inspire President Clinton, when he talked creasing the deficit, and I would sug- us and teach us about racial under- about tax cuts at the Democrat Con- gest that it is exactly the kind of com- standing, about cooperation, reconcili- vention, actually his proposals in- monsense reform, saving $400,000 by ation today, 130 years later. creased taxes over $64 billion, new dol- stopping the ice bucket, that allows us The legislation I am introducing lars. to talk about returning money to the today is simple. It authorizes no addi- American people without doing any- We do not need to increase taxes at tional Federal funding. The citizens of thing to harm the Government that is this time. The American middle class Cincinnati have already raised more necessary, but doing everything to cut people need tax relief, not additional than $400,000 in private contributions out the waste that is unnecessary. taxes. Mr. Speaker, we need to refused for this effort. The bill designates the f the size of government. We need to re- National Underground Railroad Free- duce spending. We do not need to in- dom Center in Cincinnati as an affili- GAO REPORT ON THE DEBT crease taxes at this time. ated area within the National Park CEILING CRISIS Service, and establishes a framework (Mrs. KENNELLY asked and was f for cooperation between the Under- given permission to address theHouse ground Railroad Center and the Na- for 1 minute and to revise and extend WILL REPUBLICANS ICE MEDI- tional Park Service. her remarks.) CARE WITH BOB DOLE’S PRO- People from around the country will Mrs. KENNELLY. Mr. Speaker, the POSED TAX CUT be able to come to this center to learn General Accounting Office recently re- more about this important chapter in leased its report, demanded by the Re- (Mr. GENE GREEN of Texas asked our history. Mr. Speaker, I want to publican majority, of the conduct of and was given permission to address commend the dedicated Cincinnatians the Treasury Department and Sec- theHouse for 1 minute and to revise who have led this effort, and I would retary of the Treasury Robert Rubin and extend his remarks.) urge all of my colleagues to join me in during the debt ceiling crisis. Mr. GENE GREEN of Texas. Mr. this. The GAO reports that the Treasury Speaker, I am glad the Speaker f Department and Treasury Secretary brought that ice bucket in here. My Rubin conducted the Nation’s debt concern is that they are going to ice TIME FOR AN INVESTIGATION OF management legally and properly dur- Medicare with that $548 billion tax cut. INTERNATIONAL TRADE COMMIS- ing the debt ceiling crisis, avoiding de- Yesterday, in front of the Republican SION AND LEE FRANKEL fault on our Nation’s debt and a viola- Caucus Senator Dole said that this (Mr. TRAFICANT asked and was tion of the statutory debt limit. year’s campaign is about trust. Sen- given permission to address theHouse In the wake of the GAO’s finding that ator Dole wants the American people Secretary Rubin acted in accordance for 1 minute and to revise and extend to believe and trust that his proposed his remarks.) with statutory authority provided by tax cuts will improve their economic the Congress, those Members of the Mr. TRAFICANT. Mr. Speaker, Flor- conditions. He wants them to believe ida tomato farmers have simply gone majority that sought Mr. Rubin’s im- that a $548 billion tax cut will not lead peachment or resignation owe him an bankrupt. Mexican tomatoes are being to higher budget deficits and increased dumped on our market, $2 a crate. It apology. interest rates, but major Republican The Republicans were wrong when cost about $7 to produce them. Florida economists say that Senator Dole’s tax they opposed the Clinton budget of farmers went to the WhiteHouse, and cuts will not work. 1993, which cut in half the debt. The then came to Congress, and everybody Republicans were wrong when they If history is any lesson, when Speak- laughed at them. They filed a section sought the resignation of Secretary er GINGRICH and then Senator Dole 201 lawsuit under the Trade Act. The Rubin for keeping the Government sol- tried to pass a $245 billion tax cut last International Trade Commission ruled vent, and they are wrong now to go year, they went after Medicare, $270 in favor of Mexico. back to voodoo economics that is going billion. Do not let them ice Medicare. The chief investigator, Lee Frankel, to ballon the deficit. Let us not do that Senator D’AMATO admitted that under now works for the organization that again, Mr. Speaker. the Dole plan funding for such pro- imports most of the Mexican tomatoes, grams as Medicare would definitely be f and is making most of the money on affected. He went even as far as to say, Mexican tomatoes. I say it is time for AMERICAN PEOPLE NEED RELIEF, I know I am not running this year, so a grand jury to investigate the Inter- NOT NEW TAXES he can tell the truth. Even former eco- national Trade Commission and Lee (Mr. KINGSTON asked and was given nomic advisers to Reagan are now say- Frankel, who I believe are lining their permission to address theHouse for 1 ing that tax cuts do not produce the pockets and screwing American farm- minute and to revise and extend his re- kind of economic stimulation Senator ers. marks.) Dole promised. Right to the point, I would also like Mr. KINGSTON. Mr. Speaker, I ask Mr. Speaker, let us not repeat the to suggest to somebody they start the American people, are you working 1990’s budget-busting plans. looking inside those tomato trucks September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10331 down there. They would not be sur- The SPEAKER pro tempore. The gen- This principle is documented on pages prised to find out, I suspect, that most tleman will state his point of order. 168 and 526 of theHouse Rules and Man- of the heroin and cocaine coming into b 1015 ual and reflects the consistent rulings this country is coming in produce of the Chair in this and in prior Con- trucks. Mr. LINDER. Mr. Speaker, I will re- gresses and applies to 1-minute and Beam me up, Mr. Speaker. peat that references to matters before special-order speeches. f the Ethics Committee are out of order to be addressed on the floor of this Neither the filing of a complaint be- TRIBUTE TO RALPH GABBARD House. fore the Committee on Standards of Of- ficial Conduct, nor the publication in (Mr. ROGERS asked and was given The SPEAKER pro tempore (Mr. another forum of charges that are per- permission to address theHouse for 1 LATOURETTE). The previous ruling of sonally critical of another Member, minute and to revise and extend his re- the Chair is again sustained and the justify the references to such charges marks.) gentleman from West Virginia may on the floor of theHouse. This includes Mr. ROGERS. Mr. Speaker, this proceed in order. references to the motivations of Mem- morning I pay tribute to Ralph PARLIAMENTARY INQUIRY bers who file complaints and to mem- Gabbard, a friend and a servant to Ken- Mr. VOLKMER. Mr. Speaker, I have bers of the Committee on Standards of tucky. Ralph passed away Tuesday a parliamentary inquiry. Official Conduct. night at the young age of 50. The SPEAKER pro tempore. The gen- Ralph was a radio and TV broad- tleman will state it. Clause 1 of rule XIV is a prohibition caster all of his life. Mr. VOLKMER. Mr. Speaker, if the against engaging in personality in de- And from his teenage days as a radio gentleman from Georgia who raised a bate. It derives from article I, section 5 disc jockey in the 1960’s, Ralph grew to point of order feels that the words of of the Constitution, which authorizes serve our State, and unintentionally the gentleman from West Virginia con- each House to make its own rules and made a name for himself, like no other cerning the lack of the Ethics Commit- to punish its Members for disorderly media person of our time. tee to make the report public is out of behavior, and has been part of the rules Unassumingly, yet with tenacity, he order, the gentleman can demand that of theHouse in some relevant form went about the task of being the best the gentleman from West Virginia’s since 1789. This rule supersedes any broadcaster he could be, and succeeded. words be taken down, is that not cor- claim of a member to be free from He redefined what we call the broad- rect, Mr. Speaker? questioning in any other place. caster’s public service obligation. Mr. LINDER. I appreciate the gentle- On January 27, 1909, theHouse adopt- His commitment to news, his com- man’s instructions on parliamentary ed a report that stated the following: mitment to community, his commit- procedure. ‘‘It is * * * the duty of theHouse to re- ment to industry excellence, was un- The SPEAKER pro tempore. The gen- quire its Members in speech or debate surpassed inside or outside of the TV tleman will kindly suspend so there to preserve that proper restraint which stations and boardrooms where his leg- may be proper decorum in theHouse. will permit theHouse to conduct its acies will live. The gentleman from Georgia has not business in an orderly manner and f taken that step. The gentleman from without unnecessarily and unduly ex- Georgia made a point of order. EXPRESSING CONCERN THAT THE citing animosity among its Mem- Mr. VOLKMER. I just asked if that bers. * * *’’ (Cannon’s Precedents, vol- REPORT OF THE SPECIAL COUN- was available. SEL WAS PUT ON ICE ume 8, at section 2497). This report was The SPEAKER pro tempore. The gen- in response to improper references in (Mr. WISE asked and was given per- tleman is correct. debate to the President, but clearly re- mission to address theHouse for 1 The gentleman from West Virginia iterated a principle that all occupants minute.) will please proceed in order. of the Chair in this and in prior Con- Mr. WISE. Mr. Speaker, just a mo- Mr. WISE. Continuing, Mr. Speaker, gresses have held to be equally applica- ment ago the Speaker of theHouse held or trying to, any report dealing with an ble to Members’ remarks in debate to- up an ice bucket. What concerns the investigative body that has had at ward each other. American people, and should concern least 9 months of investigation and them, is that the report of the Special may have cost as much as one-half mil- The Chair asks and expects the co- Counsel which was given to the Ethics lion dollars I think should be released operation of all Members in maintain- Committee one month ago may well before the Congress goes home. ing a level of decorum that properly dignifies the proceedings of theHouse. have been put on ice, because, Mr. POINT OF ORDER Speaker, this report, which took 9 Mr. WALKER. Point of order, Mr. PARLIAMENTARY INQUIRIES months to complete—— Speaker. Mr. VOLKMER. Mr. Speaker, I have POINTS OF ORDER The SPEAKER pro tempore. The gen- a parliamentary inquiry. Mr. LINDER. Point of order, Mr. tleman will suspend. Speaker. The gentleman from Pennsylvania The SPEAKER pro tempore. The gen- The SPEAKER pro tempore (Mr. will state his point of order. tleman will state it. LATOURETTE). The gentleman will Mr. WALKER. Mr. Speaker, the gen- Mr. VOLKMER. I listened to the state the point of order. tleman from West Virginia continues Speaker in support of his ruling and Mr. LINDER. Mr. Speaker, is it not to proceed out of order of theHouse and comment upon the precedents of correct that the rules of theHouse should be called to order by the Chair. theHouse. But I did not hear the words under regular order prevent people Mr. WISE. Mr. Speaker, if I may re- ‘‘reports from other special counsel.’’ I from speaking on the floor of theHouse spond. did not hear that report. I heard about with respect to matters before the Eth- The SPEAKER pro tempore. If both the reports from the Ethics Commit- ics Committee? gentlemen will suspend. tee, et cetera, but not from the special The SPEAKER pro tempore. The gen- The Chair at this time will read the counsel. tleman is correct. rule and will repeat the admonition The SPEAKER pro tempore. Until The gentleman from West Virginia from the Chair of June 26, 1996. such time as there is a report pending may proceed in order. It is an essential rule of decorum in on the floor of theHouse from the Mr. WISE. Continuing, Mr. Speaker, debate that Members should refrain Standards Committee, or a question of my concern is that any report which from references in debate to the con- privilege, the issue is not debatable on has been presented and inves- duct of other Members where such con- the floor of theHouse. tigated—— duct is not the question actually pend- Mr. LINDER. Regular order, Mr. ing before theHouse by way of a report Mrs. SCHROEDER. Mr. Speaker, I Speaker. Regular order. from the Committee on Standards of have a parliamentary inquiry. Mr. WISE. Regular order, Mr. Speak- Official conduct or by way of another The SPEAKER pro tempore. The gen- er. question of the privileges of theHouse. tlewoman will state it. H10332 CONGRESSIONAL RECORD — HOUSE September 12, 1996 Mrs. SCHROEDER. Mr. Speaker, I Mr. Speaker, this is the wrong mes- standard, that is correct. That is the may have misunderstood the gen- sage for our children. The Clinton ad- ruling of the Chair. tleman from West Virginia, but I heard ministration has dropped the ball on The gentleman from Georgia may the gentleman from West Virginia talk taking the war on drugs seriously, proceed in order. about any report from any committee. causing untold suffering, pain, and Mr. LEWIS of Georgia. Mr. Speaker, I do not think he directly attached it even death for our children and their I can clearly understand that the gen- to the Ethics Committee. And so, families. To the people on the other tlemen from Pennsylvania and Georgia therefore, I cannot understand what side of Pennsylvania Avenue, it all desire to silence us on this issue, but this ruling has to do with what the seems to be a game, a game where the this issue will not go away. gentleman said. only response is, do whatever you Mr. Speaker, if I might continue. The SPEAKER pro tempore. Any ref- want. The outside counsel, James Cole, has erence to pending proceedings is out of f submitted an extensive report on his 9- order. The Chair in the course of this month investigation of Speaker GING- morning’s activities first ruled on the ENOUGH IS ENOUGH RICH. gentleman from Georgia’s point of (Mr. LEWIS of Georgia asked and was POINT OF ORDER order when there was a specific ref- given permission to address theHouse Mr. WALKER. Mr. Speaker, point of erence to the counsel’s report, and now for 1 minute and to revise and extend order. the Chair has issued an admonishment his remarks.) The SPEAKER pro tempore. The gen- reiterating the rule of theHouse and Mr. LEWIS of Georgia. Mr. Speaker, tleman from Georgia will suspend. would invite the gentleman from West in an editorial yesterday, the New The gentleman from Pennsylvania Virginia to proceed in order. York Times said, theHouse Ethics will state his point of order. Mrs. SCHROEDER. Further par- Committee, quote, ‘‘seems determined Mr. WALKER. Mr. Speaker, the gen- liamentary inquiry, Mr. Speaker. to sacrifice whatever little is left of its tleman from Georgia continues to pro- Is the Chair saying that we cannot credibility by letting Congress adjourn ceed out of order, and the Chair should refer to anything in any committee? without resolving any of the pending require that the gentleman observe the That is what I understand the ruling to ethics complaints against Speaker regular order of theHouse. be. Because the gentleman is talking NEWT GINGRICH.’’ The SPEAKER pro tempore. The gen- generically. tleman from Georgia must either pro- POINT OF ORDER The SPEAKER pro tempore. It is in ceed in regular order or be seated. Mr. WALKER. Mr. Speaker, point of particular to matters before the Stand- Mr. VOLKMER. Did the Chair rule order. ards Committee dealing with sitting that the gentleman’s words were not in The SPEAKER pro tempore. The gen- Members. That is the ruling of the order? tleman from Georgia will suspend. The SPEAKER pro tempore. That is Chair. The gentleman from Pennsylvania Mr. WISE. Mr. Speaker, how much correct. The gentleman continues to will state his point of order. time do I have left? refer to a pending investigation before Mr. WALKER. Mr. Speaker, the gen- The SPEAKER pro tempore. The gen- the Standards Committee. tleman from Georgia is engaging in de- tleman has 20 seconds remaining. Mr. VOLKMER. He merely stated The gentleman from West Virginia bate which is outside the rules of that a report had been filed with the will please proceed in order. theHouse and should be admonished by Ethics Committee. He did not mention Mr. WISE. Mr. Speaker, the Speaker the Chair. any action of the Ethics Committee. himself stated in 1989 the 435 Members Mr. VOLKMER. Mr. Speaker, the The SPEAKER pro tempore. It is the of theHouse should look at all the gentleman from Georgia is merely Chair’s opinion and ruling that that is facts, should have available to them all reading from a New York newspaper. part of the prohibited debate. the reports and all the background doc- The SPEAKER pro tempore. The gen- The gentleman from Georgia is in- uments, and the American people tleman from Missouri will suspend. vited to proceed in regular order. should have the same. The gentleman from Pennsylvania is Mr. LEWIS of Georgia. Mr. Speaker, It is clear the Republican leadership correct. Consistent with prior rulings, let me just say, enough is enough. today wants to talk about ice buckets, the gentleman from Georgia is advised Mr. Speaker, if the Ethics Committee and they do not want to let me talk to proceed in order. will not act, the American people have about whether reports from the Ethics Does the gentleman from Missouri a right to judge for themselves. wish to be recognized? Committee are being put on ice. I POINT OF ORDER think it is a sad day. PARLIAMENTARY INQUIRY Mr. WALKER. Mr. Speaker, the gen- f Mr. VOLKMER. Mr. Speaker, I have tleman from Georgia continues to pro- a parliamentary inquiry. ceed out of order in theHouse. The gen- THE CLINTON ADMINISTRATION The SPEAKER pro tempore. The gentleman is not following the Chair’s ad- AND THE WAR ON DRUGS tleman will state it. monishment that Members have an ob- (Ms. GREENE of Utah asked and was Mr. VOLKMER. Is the Chair now tell- ligation to theHouse and to the institu- given permission to address theHouse ing us that if there has been a periodi- tion to proceed in order. for 1 minute and to revise and extend cal published, that in regard to the The point of order is that the gen- her remarks.) Ethics Committee, that we cannot tleman is out of order. Ms. GREENE of Utah. Mr. Speaker, comment on it? Or cannot read from The SPEAKER pro tempore. The let us talk about a real scandal, and it? point of order is again sustained, and that is the Clinton administration’s ap- The SPEAKER pro tempore. News- the gentleman from Georgia is again proach to the war on drugs. Ever since paper accounts detailing a pending in- advised to please proceed in regular President Clinton took office, his cava- vestigation before the Standards Com- order or be seated. lier attitude about drug use has had mittee not yet brought to the floor of Mr. LEWIS of Georgia. Mr. Speaker, widespread effect across the country. theHouse come under the same restric- the Ethics Committee has a respon- According to a recent administration tions as the Member’s own words. That sibility and a moral obligation to restudy, overall drug use by teenagers has been the basis of the rulings of the lease the outside counsel’s report. has nearly doubled in the last 4 years. Chair, yes, sir. POINT OF ORDER Marijuana use is up 37 percent, LSD Mr. VOLKMER. Further parliamen- Mr. LINDER. Mr. Speaker, point of use is up 183 percent, cocaine use is up tary inquiry, Mr. Speaker. order. 166 percent. In other words, you are saying, under The SPEAKER pro tempore. The gen- Mr. Speaker, I thought the President your ruling, every Member of this tleman from Georgia will suspend. was supposed to be a role model for House is gagged as far as commenting The other gentleman from Georgia children. But when asked on MTV if he on a report from the Ethics Commit- will state his point of order. had the chance to do it over again tee? Mr. LINDER. Mr. Speaker, this is the would he inhale, the President replied, The SPEAKER pro tempore. Prece- fourth time that the gentleman has re- sure, if I could, I tried before. dents have long held that to be the ferred to matters on the floor that September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10333 were in the Ethics Committee and ig- POINT OF ORDER tleman who made the objection and the nored the admonition of the Chair. Mr. LINDER. Mr. Speaker, point of ruling from the Chair, there is a report, Maybe it is perhaps time for him to be order. if I reach your conclusions correctly. seated. The SPEAKER pro tempore. The gen- So if there is a report, then why do The SPEAKER pro tempore. The gentleman from Michigan will suspend. you know there is a report, why do the tleman’s point of order for the fourth The gentleman from Georgia will people over here know there is a re- time is sustained and correct and the state his point of order. port, and none of us know there is a re- other gentleman from Georgia is again Mr. LINDER. Mr. Speaker, the gen- port? So if there is a report, why do we invited to proceed in regular order. tleman is referring to matters again not just release the report? Mr. LEWIS of Georgia. Mr. Speaker, before the Standards Committee and That is my point of order, Mr. Speak- if the committee refuses to release the the Speaker has ruled again and again er. report, the American people can only that that is out of order. The gen- The SPEAKER pro tempore (Mr. assume a coverup of massive propor- tleman should either continue in order LATOURETTE). The gentleman fails to tions. or sit down. state a point of order. The Chair, how- Release this report. Release it now, The SPEAKER pro tempore. The ever, has not ruled that there is a re- Mr. Speaker. point of order is well taken. To the export. The Chair has ruled it is improper f tent that the gentleman from Michigan during the course of 1-minute discus- refers to a pending matter before the sions to discuss a pending investigation UPHOLD THE RULES OF THE Standards Committee, he is asked to before the Committee on Standards of HOUSE refrain from those observations and Official Conduct. (Mr. WALKER asked and was given proceed in order. The gentleman is invited to proceed permission to address theHouse for 1 PARLIAMENTARY INQUIRY in order on the balance of his time. Mr. STUPAK. Mr. Speaker, since you minute.) Mr. VOLKMER. Mr. Speaker, I have have reached the conclusion that there Mr. WALKER. Mr. Speaker, it is dis- a parliamentary inquiry. appointing to watch this institution The SPEAKER pro tempore. The gen- is a report, let me then go back to rip itself apart in the way that is hap- tleman will state it. what Speaker GINGRICH said in 1989, pening here today. The fact is that Mr. VOLKMER. Mr. Speaker, I have and I quote: The Speaker said: ‘‘435 every Member of this institution has listened very carefully to the gen- Members of theHouse should look at all an obligation to the rules of the insti- tleman from Michigan. Very, very the facts, should have available to tution. It is entirely legitimate for carefully. Never once was the word them all the reports and all the back- Members to engage in very tough de- Ethics Committee mentioned or Offi- ground documents, and the American bate, but they should do it within the cial Standards mentioned. Only a ge- people should have the same.’’ Mr. Speaker, since you have con- rules. That is very hard when we all neric statement as to meetings be- cluded there is a report, please release feel very emotional about some of tween a gentlewoman, whom he did not the report. these issues and we feel as though the identify the gentlewoman from Con- politics of the moment demands that necticut, and he only said the gentle- f we step beyond what is required of us woman from Connecticut talked to the A WOLF IN SHEEP’S CLOTHING as House Members. gentleman from Texas. (Mr. CHRYSLER asked and given Mr. Speaker, I thought we all swore a If you want to assume that he is permission to address theHouse for 1 duty to the Constitution of the United talking about the Ethics Committee, minute and to revise and extend his re- States. I thought that that is what this you can do that. But that is what it is, marks.) institution is supposed to be all about. an assumption. He never once men- Mr. CHRYSLER. Mr. Speaker, some The fact is that what we are witnessing tioned it. say that it is tough for normal, hard- this morning is people who put politics The SPEAKER pro tempore. In re- working Americans to tell one political above that oath. That is a disappoint- sponse to the gentleman from Missouri, party from another. However, if you ment. It should never happen on this the Chair determined the gentleman are out there looking to hang your hat floor. It is obvious that, despite any from Michigan’s remarks to refer to on a defining issue separating the two kind of ruling of the Chair, Members the chairman of the committee, and, major parties, look no further than are going to proceed because they hence, the ruling. taxes. think it is politically feasible for them Mr. LINDER. Mr. Speaker, the gen- The Democrats’ view of the economy to do so. tleman is not stating a parliamentary could be summed up in a few short f inquiry, he is engaging in debate. phrases, according to Ronald Reagan: The SPEAKER pro tempore. The gen- WHEN IS A REPORT A REPORT? If it moves, tax it; if it keeps moving, tleman from Michigan may proceed in regulate it; and if it stops moving, sub- (Mr. STUPAK asked and was given order on his 1-minute address. sidize it. permission to address theHouse for 1 Mr. STUPAK. I would like to be We believe that we need less Govern- minute and to revise and extend his re- heard on the point of order. ment and lower taxes. We need to let marks.) The SPEAKER pro tempore. The people keep more of what they earn Mr. STUPAK. Mr. Speaker, I was pre- Chair has ruled. The gentleman may ei- and save, and we need to let people pared to speak on another matter, but ther make a point of order or proceed make their own decisions how they I think I am prepared now to speak in order. spend their money, not the Govern- that in this body, Members have a POINT OF ORDER ment. right to speak. And if we cannot speak Mr. STUPAK. Mr. Speaker, I would Keep this in mind when you examine on theHouse floor, when we cannot like to make a point of order. President Clinton’s latest tax proposal: mention words like report and what The SPEAKER pro tempore. The gen- Initially it appears to be Republican, has happened to this country when one tleman will state his point of order. but upon closer examination, the tax side is gagged because the other side b 1030 cuts are temporary, while the tax in- has more votes than this side, I must creases are permanent, totaling $63 bil- ask, Mr. Speaker, when is a report a re- Mr. STUPAK. Mr. Speaker, I have lion. port? talked about 100 pages that cost the Mr. Speaker, I think we all remember When a gentlewoman from Connecti- taxpayers half a million dollars. I have that story about the wolf in sheep’s cut discusses it with the majority lead- asked when is a report a report? I have clothing. er, is it then a report? When later that asked when a Member from Connecti- f day the majority leader says, oh, no, cut discusses it with the majority lead- there is no report, then it is not a reer is it a report? I have asked when the RELEASE REPORT BY OUTSIDE port? When the American taxpayers majority leader then denies there is COUNSEL pay a half million dollars and then get not a report, then is it a report? And, (Ms. DELAURO asked and was given 100 pages back, is that a report? based upon that, according to the gen- permission to address theHouse for 1 H10334 CONGRESSIONAL RECORD — HOUSE September 12, 1996 minute and to revise and extend her re- fore the Committee on Standards of Of- cumstances, has always done its job, marks.) ficial Conduct, should not be brought and they have done it in a bipartisan Ms. DELAURO. Mr. Speaker, there to the floor of theHouse. way. The committee continues to work are only 15 days left before this Con- Mr. VOLKMER. Mr. Speaker, I be- in such a fashion, and we ought to re- gress adjourns, and, with so little time lieve the gentlewoman was quoting the spect the 10 Members, 5 Democrats and left, it is critically important that Speaker of theHouse from March 1989. 5 Republicans, who are on this commit- theHouse Committee on Standards of The SPEAKER pro tempore. With all tee, respect the work they do on behalf Official Conduct immediately release due respect, in the hearing of the of the institution, and on behalf of the 100-page report by the outside Chair, the gentlewoman went beyond each and every one of us, who at some counsel probing the dealings of Speak- that and inserted in the middle of her point in time or another have been sub- er NEWT GINGRICH. historical reference another reference. ject to such allegations. Mr. STUPAK. Mr. Speaker, I have a POINTS OF ORDER Please respect their rights. parliamentary inquiry. Mr. LINDER. Mr. Speaker, I rise to a f The SPEAKER pro tempore. The gen- point of order. tleman will state it. HISTORICAL PERSPECTIVE ON The SPEAKER pro tempore. The gen- Mr. STUPAK. Mr. Speaker, the gen- COMMITTEE ON STANDARDS OF tleman will state his point of order. tlewoman from Connecticut was going OFFICIAL CONDUCT Mr. LINDER. Mr. Speaker, the gen- to comment upon a 1990 statement (Mr. MILLER of California asked and tlewoman from Connecticut is refer- made concerning a past case. Is the was given permission to address ring directly to matters before the Speaker saying that is improper for her theHouse for 1 minute and to revise Committee on Standards of Official to do that? and extend his remarks.) Conduct. The SPEAKER pro tempore. Once Mr. MILLER of California. Mr. The SPEAKER pro tempore. The gen- again, the Chair has not stated nor Speaker, ‘‘I have a number of concerns tleman is correct. The gentlewoman is made any ruling in reference to the regarding the Ethics Committee’s con- directed to continue in order. historical observations made by this tract and instructions to the special Ms. DELAURO. Mr. Speaker, I think speaker. It was relative to other obser- counsel. it is important to heed the words of vations made by the speaker. ‘‘First, I am concerned that the scope Speaker GINGRICH in 1989, and I quote: Mr. STUPAK. Mr. Speaker, it would and authority and the independence of ‘‘I think it is vital that we establish as then be relevant for the speaker to the special counsel will be limited by a Congress our commitment to publish comment on a 1990 Member without ob- the guidelines the Ethics Committee that report,’’ making reference to the jection? has established. report against Speaker Jim Wright at The SPEAKER pro tempore. The ‘‘The committee shall give the spe- the time, ‘‘and to release those docu- Chair is doing its best to be clairvoy- cial counsel full cooperation in the is- ments, so the country can judge wheth- ant, but the Chair will make its ruling suance of subpoenas.’’ er or not the man second in line to be when matters occur, and not in antici- POINT OF ORDER President of the United States of pation of speech. Mr. LINDER. Mr. Speaker, I rise to a America, the Speaker of theHouse, Mr. STUPAK. I heard 1990. I just did point of order. should be in that position.’’ not want another comment about The SPEAKER pro tempore. The gen- Stop the coverup. Release the report. something in anticipation, so the gentleman will state his point of order. Further in 1989, Speaker GINGRICH tlewoman can at least finish her state- Mr. LINDER. Mr. Speaker, the gen- said—— ment, in all due respect. tleman is not adhering to the rulings of POINT OF ORDER The SPEAKER pro tempore. The gen- theHouse again with respect to speak- Mr. LINDER. Mr. Speaker, further tlewoman may proceed in order. ing on the floor regarding matters be- point of order. Ms. DELAURO. Mr. Speaker, a fur- fore the Committee on Standards of Of- The SPEAKER pro tempore. The gen- ther historical, further perspective. I ficial Conduct. tleman will state his point of order. quote from Congressman GINGRICH at Mr. MILLER of California. Mr. Mr. LINDER. Mr. Speaker, I would the time in 1989: ‘‘The 435 Members of Speaker, if I may be heard on the point ask you to enforce the rules of this theHouse should look at all of the of order? The SPEAKER pro tempore. The House, because each of these Members facts, should have available to them all Chair will hear the gentleman from has found ways to go back to the ref- of the reports and all of the back- California. erences to the Committee on Standards ground documents, and the American people should have the same.’’ Mr. MILLER of California. Mr. of Official Conduct, when they should Speaker, the words I have uttered up be called out of order and asked to sit Indeed, the American people are owed the same. Release the report. until the time I was interrupted are down. not my words. They are in fact the The SPEAKER pro tempore. The f words of Speaker GINGRICH on July 28, Chair has repeatedly asked Members to RESPECT RIGHTS OF COMMITTEE 1988, in a letter from Speaker GINGRICH respect the rules of theHouse and rul- ON STANDARDS OF OFFICIAL to theHonorable JULIAN DIXON, the ings of the Chair. There are opportuni- CONDUCT former Chair of the Committee on ties available to the Chair to enforce (Mr. BOEHNER asked and was given Standards of Official Conduct. There- the rules of theHouse. The appropriate permission to address theHouse for 1 fore, Mr. Speaker, this is proper. manner in which to enforce it at this minute and to revise and extend his re- If I can continue to be heard on the moment in time is a point of order marks.) point of order, Mr. Speaker, I am not made by another Member. Mr. BOEHNER. Mr. Speaker, the tac- speaking to a matter that is currently PARLIAMENTARY INQUIRIES tics being employed on the floor today before the Committee on Standards of Mr. VOLKMER. Mr. Speaker, I have I think are extremely unfortunate. All Official Conduct. I am speaking to a a parliamentary inquiry. 435 Members of this House know that matter that was before the Committee The SPEAKER pro tempore. The gen- the Committee on Standards of Official on Standards of Official Conduct in tleman will state it. Conduct is made up in a bipartisan 1988, where the question was raised at Mr. VOLKMER. Mr. Speaker, is the way, the only such committee of the that time as to whether or not that Speaker ruling that the comments Congress, where there are equal num- committee had, one, limited the scope made by Speaker GINGRICH in March bers of Democrats and Republicans. of inquiry by the special counsel, where 1989 are inappropriate? These 10 Members serve on this com- the question was raised as to the con- The SPEAKER pro tempore. The mittee for the benefit of all of us, and tract between the special counsel and Chair has not ruled on the historical there is not one Member that does not the committee, and whether or not the references made by this Speaker or the understand that they have a very, very committee was—— previous Speaker. The Chair is ruling difficult job. The SPEAKER pro tempore. The gen- that the observations concerning the We also know that over the years tleman will kindly suspend. The Chair pending matter, the matter pending be- this committee, under difficult cir- is prepared to rule. September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10335 Mr. MILLER of California. Mr. helping urban America, programs that live to see that day. We have now had Speaker, I have not been heard on the are helping working families, cuts in a ruling today that newspapers can dis- point of order. I have a right to be Medicare, education, and health and cuss these issues, editorial boards can heard. environment. discuss these issues, but the Members The SPEAKER pro tempore. The But urban Americans just cannot af- of this body who are most affected are Chair is acceding to the gentleman ford Bob Dole’s bakery in the sky. The gagged and frozen. from California’s points. The gen- difference between Bob Dole and Bill f tleman may proceed in that context. Clinton could not be more stark. URGING SUPPORT OF H.R. 4066, Mr. MILLER of California. I only f EMERGENCY DISASTER ASSIST- wanted you to do that after I presented ANCE SUPPLEMENTARY APPRO- the evidence. DEBATE SHOULD NOT BE STIFLED PRIATIONS ACT FOR FISCAL The SPEAKER pro tempore. The IN THE HOUSE YEAR 1996 Chair has ruled. The gentleman may (Mr. KLINK asked and was given per- proceed in order, with his 1-minute mission to address theHouse for 1 (Mrs. CLAYTON asked and was given time limitation. minute and to revise and extend his re- permission to address theHouse for 1 Mr. MILLER of California. Further, marks.) minute and to revise and extend her re- ‘‘The committee shall give the outside Mr. KLINK. Mr. Speaker, I love this marks.) counsel full cooperation in the issuance House of Representatives. I love what Mrs. CLAYTON. Mr. Speaker, I had of subpoenas. it stands for. And when there is a shad- not planned to speak on this issue, but ‘‘The outside counsel shall be free, ow cast upon the Speaker of theHouse what I would say is it is unfortunate after discussions with the Committee, of Representatives, there is a shadow we would want to use a rule to stifle an to make such public statements and re- cast upon this institution, there is a opportunity to have full discussion and ports the counsel deems appropriate. shadow cast upon the democracy that we should find ways, whether we like ‘‘The outside counsel shall have full this institution represents. what is going to come out on any given authority to recommend what formal As a reporter, I will tell you that thing, to be able to discuss things with charges be brought before the Ethics many times I have seen myself in a po- a certain amount of civility. What I do want to say, to use the rest Committee. sition where I have been threatened by of my 1 minute, is that America has ‘‘The committee shall not counter- someone who was in authority, who did been struck by hurricanes and hurri- mand or interfere with the outside not want me to bring forward a certain canes, and certainly we are aware of counsel’s ability to take steps nec- news story, bring forth certain facts. the devastation that Fran has brought essary to conduct a full and fair inves- But never in my life did I imagine it more than five States throughout this tigation.’’ would be when I would leave the job of country, an the oncoming of other hur- The Speaker went on to say it was being a reporter and come to be an ricanes is very present with us. his impression from the press reports elected official on the floor, that my More than 800,000 people in my State that ‘‘the Ethics Committee has spe- colleagues would say let us stifle the were without electricity and water and cifically failed to meet the test that debate. Let us not talk about it. Let us now some one-third of them still re- was set forth by Common Cause.’’ not remove the shadow that hangs over main without electricity or water. He says, ‘‘I would therefore like a the head of the Speaker and this House More than 26 people have lost their copy of the resolution, the guidelines and this Nation by allowing sunlight to lives in this hurricane. adopted by the Ethics Committee out- shine upon it. Let us stifle the people. Yesterday, many of us introduced lining the authority the committee has It was when the Democrats were run- into theHouse a bill, H.R. 4066, an given the special counsel in order to ning theHouse that then Congressman Emergency Disaster Assistance Supple- carry out the responsibilities of the GINGRICH was allowed to say I think it mentary Appropriation Act for fiscal outside counsel.’’ is vital that we establish as a Congress year 1996. I urge all of my colleagues on Mr. Speaker, if it was good in 1988 for our commitment to publish the report both sides of the aisle to support that Speaker Wright, then it is good today to release those documents so that the for the life and the protection and for Speaker GINGRICH. country can judge. Today the country property of all the people who may po- f cannot judge, Mr. Speaker. tentially be hurt. FEMA needs our AMERICA CANNOT AFFORD DOLE’S f help. We need to act immediately. MASSIVE TAX CUTS A GOVERNMENT OF LAWS, NOT OF f (Mr. FOGLIETTA asked and was MEN WE MUST NOT SLASH MEDICARE given permission to address theHouse (Mrs. SCHROEDER asked and was (Mr. HINCHEY asked and was given for 1 minute and to revise and extend given permission to address theHouse permission to address theHouse for 1 his remarks.) for 1 minute and to revise and extend minute and to revise and extend his re- Mr. FOGLIETTA. Mr. Speaker, 20 her remarks. marks.) years ago a Republican President told Mrs. SCHROEDER. Mr. Speaker, Mr. HINCHEY. Mr. Speaker, yester- the city of New York and, by exten- these 1-minutes opened with the day, Presidential candidate Bob Dole sion, all American cities to drop dead. Speaker talking about an ice bucket, came back to Washington in an at- Now with Bob Dole, the Republicans and then we went to the gentleman tempt to rally the troops around his are planning the funeral. It just takes from California talking about histori- tax cut proposal. It has become in- simple arithmetic to know that his cally how this House was dealt with creasingly obvious, sadly, that the plan to cut taxes by $550 billion just every single issue dealing with con- leadership of this House and the Presi- does not add up, especially for urban duct, no matter who the Member was, dential Republican candidate are capa- America. that we treated ourselves as a group ble of generating only one basic idea, Bob Dole says he would not put for- that abided by laws, because that is the and that basic idea is to cut taxes for ward such a plan if it would mean mas- tradition of our country, a government the wealthy at the expense of every sive cuts in Medicare and would hurt of laws and not of men. other American. Social Security. He told a group of vet- But the one thing we have not seen There is no way we can reduce taxes erans last month he would not cut and that we have now seen today is the by $550 billion, which is what Mr. Dole their programs. He also said he would Speaker forgot to tell us his recipe for proposes to do, without slashing away increase defense spending. But he still ice, and that is to take anything that at Medicare even more severely than says he can do all of this and balance deals with him, add water, and freeze was attempted by this House in the the budget by 2002. it, and you never let it come out. budget that was passed here and vetoed Now, this is not pie in the sky; this is by the President. We saw an attempt to b a whole bakery in the sky. But for 1045 cut Medicare here by $270 billion. The cities the big question is what is left to Today free speech has been frozen on Dole plan will cut it, in all probability, cut? The answer is programs that are theHouse floor. I never thought I could by more than twice that amount. H10336 CONGRESSIONAL RECORD — HOUSE September 12, 1996 Let us not slash Medicare. Let us be ABIDING BY THE RULES OF THE GENERAL LEAVE sensible about it and let us see this HOUSE WILL MAINTAIN CIVILITY Mr. MYERS of Indiana. Mr. Speaker, plan for exactly what it is: An attempt ON THE HOUSE FLOOR I ask unanimous consent that all Mem- to deprive elderly Americans of the (Mr. LINDER asked and was given bers may have 5 legislative days in health care they so desperately need permission address theHouse for 1 which to revise and extend their re- and the security that their families minute and to revise and extend his remarks on the conference report to ac- need as well. marks.) company the bill (H.R. 3816) making f Mr. LINDER. Mr. Speaker, in closing appropriations for energy and water de- PROPOSED REPUBLICAN CUTS these 1 minutes this morning, I want to velopment for the fiscal year ending WILL RESULT IN DEVASTATION make the point that nobody here was September 30, 1997, and for other pur- OF MEDICARE gagged, nobody was prevented from poses, and that I may include tabular (Mr. PALLONE asked and was given speaking on a subject they wished to and extraneous materials. The SPEAKER pro tempore. Is there permission to address theHouse for 1 speak on. They can go outside these minute and to revise and extend his re- doors in the Speaker’s lobby or up- objection to the request of the gen- marks.) stairs and hold a press conference and tleman from Indiana? Mr. PALLONE. Mr. Speaker, I just say all they want to say about the mat- There was no objection. want to follow up on what my col- ters they were referring to this morn- f league from New York just said. We ing. CONFERENCE REPORT ON H.R. 3816, know what happened in the last 2 years What they cannot do is talk about ENERGY AND WATER DEVELOP- with the Republican leadership plans matters before the Committee on MENT APPROPRIATIONS ACT, to cut Medicare and Medicaid. Standards of Official Conduct on the 1997 If those plans had gone into effect, floor of this House because it is against and thank goodness they did not be- the rules of theHouse to do so. And Mr. MYERS of Indiana. Mr. Speaker, cause of the President and because that is the only point that was raised pursuant to the previous order of Democrats in Congress constantly consistently this morning and was also theHouse, I call up the conference re- fought against it, if they had gone into being ignored, even ignoring rule after port on the bill (H.R. 3816), making ap- effect what we would have seen is in- rule by the Speaker. propriations for energy and water decreased costs for senior citizens as well If we want to maintain some degree velopment for the fiscal year ending as the general population. We would of civility on the floor of this House to September 30, 1997, and for other pur- have seen the actual costs for part B engage in honest political debate, we poses. premiums under Medicare almost dou- should at least abide by the rules or The Clerk read the title of the bill. bled. We would have seen copayments try to change them and not contin- The SPEAKER pro tempore. Pursu- go up and deductibles go up for Medi- ually ignore the Speaker’s admoni- ant to the order of theHouse today, the care, and, at the same time, we also tions. conference report is considered as having been read. saw the proposal this year in 1996 that f would basically have allowed doctors, (For conference report and state- if a senior stayed in traditional Medi- REQUEST FOR PERMISSION TO ment, see proceedings of theHouse of care, to charge whatever they want HAVE UNTIL MIDNIGHT, FRIDAY, earlier today.) over and above what Medicare pays the SEPTEMBER 13, 1996, TO FILE The SPEAKER pro tempore. The gen- physician. CONFERENCE REPORT ON H.R. tleman from Indiana [Mr. MYERS] will The bottom line is that there is no 3675, DEPARTMENT OF TRANS- be recognized for 30 minutes, and the free lunch. If we impose these tremen- PORTATION AND RELATED gentleman from Alabama [Mr. BEVILL] dous cuts in Medicare that were pro- AGENCIES APPROPRIATIONS will be recognized for 30 minutes. posed by the Republican leadership in ACT, 1997 The Chair recognizes the gentleman from Indiana [Mr. MYERS]. the past 2 years, and even more cuts Mr. MYERS of Indiana. Mr. Speaker, that would be proposed because of what Mr. MYERS of Indiana. Mr. Speaker, I ask unanimous consent that the man- I yield myself such time as I may Presidential candidate Dole is saying, agers on the part of theHouse may we will see devastation of Medicare. consume. have until midnight Friday, September The conference agreement that we f 13, 1996, to file a conference report on are bringing to the floor at this time JUST SAY NO TO ‘‘HEMP–DOPE’’ the bill H.R. 3675, a bill making appro- for this next fiscal year is $19.973 bil- (Ms. MCKINNEY asked and was given priations for the Department of Trans- lion of new budget authority. This is permission to address theHouse for 1 portation and related agencies for the $562 million higher than the version minute and to revise and extend her re- fiscal year 1997, and for other purposes. passed by theHouse a few weeks ago marks.) The SPEAKER pro tempore (Mr. and $343 million below the Senate- Ms. McKINNEY. Mr. Speaker, I want LATOURETTE). Is there objection to the passed level. to know what these guys are smoking. request of the gentleman from Indiana? The greatest amount of this increase TheHemp-Dope ticket expects to cut Mr. OBEY. Mr. Speaker, reserving is in Defense—a $449 million increase in taxes by $550 billion, increase military the right to object, I would urge that Defense activities. spending, balance the budget, and, at the gentleman withhold that request. A lot of people do not realize that 57 the same time, promises not to deci- I do not personally have an objection percent of the energy and water bill— mate Medicare and Social Security. to its being filed, I support the bill, but over half—is Defense related. Domestic As always, their plan cuts taxes for I have been informed by our leadership discretionary programs have been re- the wealthy first, then leaves the hard that another committee does, and ab- duced by $48 million below last year. spending cuts for future Presidents. sent their presence, I would feel obli- $11.4 billion is in Defense. Of that That is what I would call a political hit gated to object if the motion is made amount, $5,620,000,000 is for environ- and run. at this time. mental restoration and waste manage- Moreover, Mr. Speaker, Hemp-Dope Mr. MYERS of Indiana. Mr. Speaker, ment. No small amount. wants to abolish the Department of I will withdraw it. I understood it had That is the most rapidly growing ac- Education at a time when our young been cleared by the gentleman’s side. count that we have. We are cleaning up people will have to compete in a chang- Mr. OBEY. Mr. Speaker, it had been the nuclear waste and other wastes ing global economy. Simply put, our cleared as far as the committee is con- that have been accumulating through Nation cannot afford another decade of cerned, but we were just informed by the years. voodoo Reaganomics, which bank- our leadership that there is a problem Mr. Speaker, the bill has five titles. rupted us in the first place. with another committee. Title I is related to water resources. As the President said, we are on the Mr. MYERS of Indiana. Mr. Speaker, We have more than 25,000 miles of in- right track to the 21st century. Just I withdraw my unanimous-consent re- land waterways. The deep ports of our say no to Hemp-Dope. quest at this time. country all come under the jurisdiction September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10337 of this bill. The title contains $3.5 bil- Mr. Speaker, the committee of conference ferees recognize that the Bureau has largely lion for Corps of Engineers water re- on H.R. 3816 met throughout yesterday after- accomplished its historical mission of reclaim- source programs this year. This is $136 noon and into the evening to revolve the sub- ing the West and expect that declining appro- million more than last year, and it is stantial differences between theHouse and priations will continue to match the agency's $210 million above the President’s re- Senate versions of the bill. Because of the diminishing role in western life. quest. dedicated efforts of Members on both sides of Title III appropriates $15.78 billion for the A great amount is for operation and the aisle and both sides of theHill, we were Department of Energy. The conferees recog- maintenance. Some of the locks and able to reach satisfactory compromises on a nize that certain missions of the Department dams that are operating in our coun- range of difficult issues. are critical to the welfare of the country. The try, delivering goods to the seaports The conference agreement appropriates Department's management of these programs, for world markets, are 60 years old and $19.973 billion in new budget authority for pro- however, has evoked frustration, disappoint- in bad repair. We should really be ap- grams under the subcommittee's jurisdiction. ment and, in some instances, hostility. The propriating more money for their This amount includes $11.352 billion for atom- Department must streamline and improve its maintenance. But unfortunately, this ic Defense-related activities and $8.621 billion management; shed low-value and non- year, because of the budget restraints, for domestic discretionary programs of the De- we are unable to do the entire job that partment of Energy, the Corps of Engineers, essential missions; and set a bold new direc- should be done. the Bureau of Reclamation, and various inde- tion for the future. Otherwise, its own institu- Title II funds the Bureau of Reclama- pendent agencies. The total amount is $562 tional future will remain very much in doubt. tion. It appropriates $819 million. It is million higher than appropriated by theHouse- Funding levels for certain DOE programs in- less than last year. passed bill but $343 million lower than the clude: $270 million for solar and renewable Title III contains $15.8 trillion for the Senate-passed version. The greatest portion energy; $223 million for nuclear energy re- Department of Energy. The biggest of the increase above theHouseÐapproxi- search; $233 million for fusion energy part of this is for Defense-related ac- mately $449 millionÐis committed to the De- sciences; $996 million for general science and tivities. Much of it is for the environ- fense-related activities of the Department of research; and $382 million for nuclear waste mental restoration and waste manage- Energy. These additional funds are necessary disposal activities. Spending for atomic energy ment program. to maintain our nuclear defense capabilities defense activities of DOE includes $3.911 bil- Title IV funds independent agencies. and to address the environmental legacy of lion for weapons, including stockpile steward- And title V is the portion of the bill the nuclear production era. ship and management, $5.459 billion for De- containing general provisions that are While Defense spending in the energy and fense environmental restoration and waste the responsibility of this committee. water bill has risen for fiscal year 1997, do- management, and $1.606 billion for other De- Mr. Speaker, there are many people mestic discretionary appropriations have con- fense activities. to thank for this conference report, tinued to decline. Funding for civilian energy Title IV of the bill funds various agencies particularly our staff who worked into and water programs is reduced by $48 million and commissions with missions relating to en- the wee hours this morning preparing below last year's level. Once again, the en- the conference report. And they ergy and water bill turns the rhetoric of deficit ergy and water development. Within title IV, worked hard over the last weekend pre- reduction into reality, without sacrificing the the conference agreement includes $160 mil- paring the materials. So our staff and necessary and cost-effective programs within lion for the Appalachian Regional Commission, their capable leadership is to be the bill's domain. $16 million for the Defense Nuclear Facilities thanked for the document we have Title I of the conference report appropriates Safety Board, $106 million for the Tennessee today. And we are especially grateful $3.5 billion to the water resource programs of Valley Authority, and $472 million for the Nu- to the members of our committee, both the U.S. Army Corps of Engineers. This rep- clear Regulatory Commission. The conferees on the majority and minority side. resents a $136 million increase over the fiscal provided final year funding for independent I especially want to thank my col- year 1996 level and an increase of $210 mil- river basin commissions in fiscal year 1996. league for 30 years, the ranking minor- lion over the administration's budget request. Mr. Speaker, our conference could not have ity member, former chairman of this The conferees have taken positive action to concluded so successfully without the dedi- subcommittee, the gentleman from address critical infrastructure needs through- cated and unified efforts of my colleagues on Alabama, Mr. TOM BEVILL. We have out the country. The conferees appreciate the the Subcommittee on Energy and Water De- worked together very closely through benefits to be derived from navigation, flood velopment. We approached the conference in the years. When he was chairman, we control, and harbor maintenance projects and a spirit of teamwork and collegiality and stuck worked very closely. He honored my re- have acted to ensure that the Nation will con- together through often difficult negotiations. I quests and we always had complete tinue to realize a meaningful return on its in- am proud to have been associated with each agreement. That has not changed this frastructure investments. and every one of the subcommittee members year. The committee on conference emphatically during our recent deliberations and throughout I personally want to thank the chair- rejected proposed policies of the administra- the 104th Congress. man and all the Members in the other tion which would effectively terminate the role body who have worked on this bill of the corps in coastal flood protection and I pay a special tribute, Mr. Speaker, to the under the capable leadership of Chair- small harbor maintenance. The conferees rec- esteemed ranking minority member and longtime chairman of the subcommittee, man PETE DOMENICI and the ranking ognize the real national benefitsÐeconomic theHonorable TOM BEVILL. Throughout his ca- member, Senator JOHNSTON from Lou- and otherwiseÐwhich accrue from corps ac- isiana. They have worked very coopera- tivities in these areas and continue to support reer on the committee and in the Congress, tively with us to make this product the agency's historical water resource mis- he has established a model for civility and possible. sions. honor. He has always approached his respon- Mr. Speaker, I urge all Members to Title II of the bill includes funding for the Bu- sibilities in a fair and nonpartisan manner. He support the conference report. reau of Reclamation and the Central Utah is a gentleman in the truest sense of the word Mr. Speaker, I rise in support of the con- Project completion account. The amount ap- and will be sorely missed by this institution ference report to accompany H.R. 3816, the propriated under title II, $819 million, is less once he begins his well-deserved retirement. Energy and Water Development Appropria- than both the fiscal year 1996 level and the Mr. Speaker, I urge all Members to support tions Act, 1997. budget request for fiscal year 1997. The con- the conference agreement. H10338 CONGRESSIONAL RECORD — HOUSE September 12, 1996 September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10339 H10340 CONGRESSIONAL RECORD — HOUSE September 12, 1996 Mr. MYERS of Indiana. Mr. Speaker, continues to move forward with criti- There are literally thousands of I reserve the balance of my time. cal water projects, energy programs, projects and programs that this sub- Mr. BEVILL. Mr. Speaker, I yield vital research, and particularly one committee has to go through every myself such time as I may consume. that we put a great deal of money in, year, many of them extremely com- Mr. Speaker, I rise today in support as much as possible, flood control plicated. The Nation’s nuclear labora- of this fiscal year 1997 Energy and projects. With the recent floods we are tories, for example, and the nuclear Water Appropriations Conference Re- all very mindful of what these mean to programs the subcommittee has to port. I am honored to be here with my our Nation in saving lives and of course oversee, many of them top secret mili- good friend and colleague of many property damages. tary matters which have to be heard years, the gentleman from Indiana, I urge the Members to support this behind closed doors, you get no glory Chairman JOHN MYERS, and I want to conference report. On this occasion of for that type of thing. These men commend him for the leadership that my last energy and water development sought no glory, certainly, in their he has shown in crafting this very dif- appropriation bill, I want to take this work on the subcommittee. ficult bill. opportunity to thank the Members for I stand here mainly to thank JOHN Also, I want to commend the staff for their support and friendship through MYERS and TOM BEVILL, two Members their outstanding work. It looked im- the years. I admire their dedication to obviously, of course, who are choosing possible about 24 hours ago for this bill this country and their constituents, to retire. TheHouse and, more impor- to get to the floor here, but they and I wish for them individually and as tantly, the Nation will be at a great worked, as the chairman pointed out, a Congress much success. They and loss because the accumulated and cu- until 5:30 this morning, worked all this great institution have enriched my mulative experience and expertise of night, and, as a matter of fact, day and life and made on it better. Again, I these two men on all the projects cov- night all week. urge my colleagues to support this con- ered in this very important bill will be So, actually, this conference report is ference report and I urge Members to sorely missed. It is going to be really a fine example of nonpartisan legislat- be supportive of this throughout on tough for the rest of us to try to pick ing. There were very significant dif- this occasion. up the slack that is laying there, really ferences between theHouse and the Mr. Speaker, I reserve the balance of tough, because none of us have the ex- Senate bills, and so after those many my time. perience nor the expertise that these Mr. MYERS of Indiana. Mr. Speaker, hours, and many difficult issues were two gentlemen have accumulated over I yield such time as he may consume to worked out and compromises were the years. They have both been here the gentleman from Kentucky [Mr. made, we have come out, in my judg- quite a few years, not long enough but ROGERS], ranking majority member of ment, with the best possible conference quite a few. But they have been here this committee, a very valuable mem- report that we could with the limited just long enough to pick up a vast ber of this conference. At a time when funds that we were allocated. amount of knowledge and expertise he had concerns on his own subcommit- Under the chairman’s able leadership tee where he is chair, he gave all of his that we are going to sorely miss. this was certainly a responsible com- Mr. Speaker, they say that duty time to this committee. We thank him makes one do a job well but that love promise that was fashioned. He played for that. a very important role in this, of course. Mr. ROGERS. Mr. Speaker, obvi- makes one do a job beautifully. I have The report recommends, as the chair- ously, I stand here in support of a good, to tell my colleagues that the job these man has pointed out, $19.9 billion in fiscally sound bill that provides for the two gentlemen have been doing for funding for the Corps of Engineers, the national security, as well as for impor- their Nation has been beautiful, and we Bureau of Reclamation, the Depart- tant comfort to small forgotten com- appreciate their love of Nation and ment of Energy, the Nuclear Regu- munities that are flooded routinely. I their love of their work more than we latory Commission, which, by the way, support the bill very strongly. can every say. is over last year, and many other pro- Mr. Speaker, I rise for a much more, They were also able to keep their eye grams. All these programs are crucial I think, important reason. That is to on the horizon. They had to realize to the development and maintenance of personally state, and I think I speak they have a finite number of dollars to our Nation’s infrastructure as well as for all Members of the body when I say spend and an incredible amount of our science and technological research this, how much we owe a debt of grati- work to do. They were always able to capabilities. tude to Chairman JOHN MYERS and to keep their eyes on that larger picture. The larger picture was something so b 1100 his very able ranking member, TOM BE- VILL. This subcommittee has truly important to our Nation that in its Although the conference report is a worked in a very nonpartisan way very earliest days it was given the fair and balanced agreement, there just under Chairman BEVILL earlier and highest of priorities by one of my fa- was not enough money, especially for now under Chairman MYERS. vorite people in all time, and that is nondefense, discretionary funds for all Yogi Berra said you can observe a lot Henry Clay from my beloved State of the good and worthwhile projects. We just by watching, and I have been Kentucky, who had what he called the know and we are very much aware and watching the operation of these two American plan. very conscious of the fact that many men in that subcommittee for a num- Henry Clay the conservative, the fis- good projects, civil works projects that ber of years now. I have never heard a cal conservative, believed that one of are needed, we were not able to fund partisan word spoken in that sub- the most important things that we had them. As a matter of fact, we are very committee, never. Every member of to do as a nation was build its canals much aware and very conscious of the the subcommittee, regardless of party, and its roads and its infrastructure. fact that many of our locks and dams is given equal standing to say or do And this great conservative led the and canals and waterways, there are whatever they think is best. And the charge to defend the American plan 25,000 miles of navigable inland water- chairman, Chairman MYERS, and before and promote it. And these two gentle- ways in this country, they are not ade- him, Chairman BEVILL, always gave us men have picked up that cause and quately funded even for maintenance, the opportunity to speak, to make our have carried it to a new height, in my and we know and are very much aware case and, whenever possible, when they judgment; that is, protecting and that this is false economics. could find the money, they were always building the infrastructure, the impor- This conference report required us to there to try to help their colleagues tant things that make our Nation work make tough choices. I think we have help their part of America. for all of us. And that is their modern done the best that we could to main- They say that the only place where day American plan, one that we sup- tain a responsible energy and water success comes before work is the dic- port. They have kept their eyes on that program for America within the lim- tionary, and I can say that on this sub- horizon. ited funds. I hope that Members will committee that certainly is true. The I will close with this. Two consider the delicate balance realized big success of this subcommittee has stonecutters were asked the same ques- in crafting this legislation. It is a good been the tremendous hard work that tion: What are you doing? The first one compromise and will ensure the Nation goes into it. said, why, I am cutting this stone into September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10341 two blocks. But the second one said, fer from their departure. We respect b 1115 and these would be the answers of both their decision to retire, but I think Instead what we did, we prioritized JOHN MYERS and TOM BEVILL, the sec- that whether JOHN was speaking on the spending program by program based on ond stonecutter said, I am on a team Republican side of the aisle or TOM on their efficiency and their national im- that is building a cathedral. the Democratic side of the aisle, you portance. Gentlemen, you have built a great could never tell which was which, had One thing that I like about this bill America in large part and we thank you seen them deal with the substance is the committee continued commit- you for that. of the bill. ment to basic research and develop- Mr. BEVILL. Mr. Speaker, I yield 5 We have various responsibilities in ment especially when the nature of the minutes to the gentleman from Wis- our efforts to serve our constituents in research is such that it may take years consin [Mr. OBEY]. this place. Sometimes those respon- or even decades to complete. It is the Mr. OBEY. Mr. Speaker, I take this sibilities are complementary and some- proper role of the Federal Government time for two purposes, first of all of all times they are conflicting. We have re- to support basic research. I am con- to explain that at the proper time I sponsibilities to country, responsibil- cerned that too often, however, we sup- will have a motion to recommit at the ities to this institution, responsibil- port applied technology and commer- desk, and I am offering it essentially ities to our political parties, to our dis- cialization interfering with the mar- for three reasons. tricts, to our constituents, and to our ketplace at the expense of basic re- First of all, on the overall spending principles. search. question, this bill is $646 million above I have seen both of these gentlemen The portion of this bill which I am last year. I personally find it difficult meet those responsibilities in the high- very enthusiastic about is the initi- to explain that when we compare it to est possible fashion, in the way that ation of the closure project fund. The the spending level which is being pro- brings the greatest honor to this insti- conference report includes money for vided in other bills for programs which tution and to the country that this in- this fund which will accelerate the de- affect the needs of desperately needy stitution tries to serve. I consider it a commissioning and cleanup of former children. personal privilege to have served with defense nuclear facilities. By stabiliz- Second, I support adequate funds for both of them, and I think every Mem- ing, consolidating and removing nu- cleanup of our nuclear weapons sites ber who knows them feels the same clear material from the facilities more and programs, and to assist the former way. rapidly, we will ensure a safer environ- Soviet Union in its efforts to secure I wish them both everything good ment for our workers and our commu- nuclear material and clean up unsafe that can happen in life when they leave nities. To qualify for the closure nuclear power plants, and the bill pro- here, and thank them on behalf of the project funds, the sites must dem- vides for these programs. I congratu- Members of this House for their serv- onstrate and validate several criteria late the committee for it. But I do not ice. including a project completion date believe that it is rational that we con- Mr. MYERS of Indiana. Mr. Speaker, within 10 years of the application. tinue to increase funds for nuclear I yield 4 minutes to our colleague, the Mr. Speaker, the closure project fund weapons production in the wake of the gentleman from Michigan [Mr. is a type of program that can save the end of the cold war. KNOLLENBERG], a very valued, hard- EM from becoming a century-long Third, this bill contains $38 million working member of this subcommittee. spending fiasco. What we need and for the advanced light water reactor Mr. KNOLLENBERG. Mr. Speaker, I, what the closure projects fund incen- program. Members may recall too, want to pay tribute to the out- tives is a responsible manageable theHouse bill contained $17 million. standing work of my good friend, the cleanup program to bring closure to The Senate bill contained $22 million. chairman, JOHN MYERS, and ranking the EM program and free up the De- Those amounts have been added to- member, TOM BEVILL. I can tell you partment of Energy’s largest fiscal ex- gether to continue this corporate wel- that it really is not a partisan or chal- penditure for budget deficit reduction. fare program for the nuclear industry. lenging or confrontational kind of We see this as a first step toward an ac- These funds will go to large corpora- committee. With these two gentlemen celerated cleanup program with a de- tions to assist them in licensing new they have been kind of like family. I do fined ending. We anticipate that this nuclear power plants which will never not suggest to you that it always is fund will play a much more significant be built. There are several other rea- calm and cool, but for the most part it role in the years to come. sons that I have concerns about this really is. This is again a good conference re- bill, as well, and that is why I will be I think it is, it really is a case where port. I encourage my colleagues to sup- offering a straight motion to recommit we must and should be obligated, are port this conference report. I thank the with no instructions. obligated to salute these two fine gen- gentleman from Indiana [Mr. MYERS] Having said that, I would like to tlemen for all their work. I have come for yielding me this time. spend the rest of my time commenting to know them, I think, very closely, Mr. BEVILL. Mr. Speaker, I yield 1 on the two gentlemen who brought this and I value their friendship and wish minute to our colleague, the gentleman bill to us today. If you took a poll of them both the very, very best in their from Colorado [Mr. SKAGGS]. this House and asked Members to name future endeavors. I understand they Mr. SKAGGS. I thank the gentleman the two most decent Members of both have something lined up, so good from Alabama very much for the time. theHouse, I would be very surprised if luck on all of that. Mr. Speaker, I want join the chorus the name of JOHN MYERS and the name I rise in strong support of this con- in paying tribute to our colleagues who of TOM BEVILL will not wind up at the ference report for the Energy and are retiring, the gentleman from Indi- very top of the list. Water Appropriations Act for 1997. I be- ana [Mr. MYERS] and the gentleman There are two kinds of people in pub- lieve it is a good bill, and you have from Alabama [Mr. BEVILL]. It was my lic life, just like there are two kinds of heard the story. It may not be perfect, pleasure to serve with them on their people in private endeavors. There are but we must not let perfection become subcommittee for a couple of years, angle players and then there are prob- the enemy of good. I urge my col- and they have been kind to me then lem solvers. I think anybody who leagues on both sides to support the and ever since. I think we all wish knows these two gentleman knows that conference report. them good health and happiness in the they fall into the latter category. As with every other appropriations years that lie ahead. I have watched both of them for as bill, this conference report is a product I also appreciate their good work in long as I have had the privilege to of some tough choices. We do not sim- this bill and particularly with respect serve in this institution, and I have ply spread the pain evenly among the to funding for nuclear weapons plant never once seen either one of them in programs in our jurisdiction, because I cleanup sites. I am glad that the con- any way bring dishonor to this House think that causes a fault of subsidizing ference report, like theHouse bill, pro- or the constituents who were wise in many cases failure, programs that vides for a separate account for so- enough to elect them as many times as should be in fact downsized or termi- called privatization projects at DOE they elected them. This House will suf- nated. sites such as the one in my area, Rocky H10342 CONGRESSIONAL RECORD — HOUSE September 12, 1996 Flats. My understanding is that this they fought the battle that made it late them on this product and urge the can be used for high-priority cleanup possible to provide the budget author- adoption of the conference report. projects including both those that ity to this committee to meet the min- Mr. BEVILL. Mr. Speaker, I yield would involve construction of new imum needs that all of us understood back the balance of our time. treatment facilities and others that needed to be provided. I want to thank Mr MYERS of Indiana. Mr. Speaker, might not necessarily involve that sort both of them for their distinguished I yield such time as he may consume to of construction. If I may engage the service. This year’s bill is testament to the gentleman from California [Mr. gentleman for a moment, I just wanted their hard work, their strong leader- HORN]. to inquire whether this is a correct in- ship. I want to congratulate them for a terpretation of that part of the bill. wonderful achievement, and I can only Mr. HORN. Mr. Speaker, I thank the Mr. MYERS of Indiana. Mr. Speaker, say for those of us like the gentleman gentleman for yielding this time to me. will the gentleman yield? from Michigan [Mr. KNOLLENBERG] and I just want to say as these two gen- Mr. SKAGGS. Mr. Speaker, I yield to myself who will hopefully be here in tleman leave the Chamber after years the gentleman from Indiana. the next Congress, we have no better of distinguished service, when I came Mr. MYERS of Indiana. Mr. Speaker, model from which we can take what- here as a freshman in 1993, they were the gentleman is correct. The funds for ever key to success we may have in the among the first two leaders I met, and the privatization can be used either for future. I remember the gentleman from Indi- new facilities for treatment, or they Mr. BEVILL. Mr. Speaker, I yield 3 ana, JOHN MYERS, when we were going may be used to upgrade and to improve minutes to our colleague, the gen- up to what was called the Princeton facilities. Rocky Flats was covered. tleman from Texas [Mr. CHAPMAN]. Conference, but should have been Mr. SKAGGS. Mr. Speaker, I thank Mr. CHAPMAN. Mr. Speaker, I thank called Plainsboro because that is where the gentleman very much. the gentleman for yielding this time to it was, I remember he said on the way, Mr. BEVILL. Mr. Speaker, I yield 3 me. ‘‘Don’t let anyone tell you how to vote, minutes to our colleague, the gen- I rise in obvious support of the con- including me,’’ and I have not forgot- tleman from California [Mr. FAZIO]. ference report. But more than support- ten that, and I have followed his wis- Mr. FAZIO of California. Mr. Speak- ing the product of the subcommittee dom, and I can remember the distin- er, I rise in obvious strong support of this year in the conference work of yes- guished chairman at that time, the this legislation. This is once again an terday, I want to join so many of my gentleman from Alabama, [Mr. BEVILL] excellent product of the subcommittee colleagues today in saying that what I who was nice enough when he met me that has always known how to work to- think is a fine legislative product that to take me back to his office, offered gether. The efforts of the chairman and theHouse will vote on in just a few me a cup of tea and introduced me to ranking member, the gentleman from minutes exemplifies, as many have his wife, and both of these gentleman Indiana [Mr. MYERS] and the gen- said, the tremendous work not only of are the type of hard-working legisla- tleman from Alabama [Mr. BEVILL] this subcommittee, which I have been tors, they do not always hit the head- have resulted in a conference agree- pleased to be a member of for a number lines, they are both very civil gen- ment that is fair, balanced, and which of years, but the team spirit and the tleman, and they are the key and the seeks to achieve many goals with few nonpartisan work ethic of the gen- core of what makes the Congress of the resources. tleman from Indiana [Mr. MYERS], the United States work. We have a few col- I want to congratulate these two chairman, and the gentleman from Ala- leagues on both sides that get up and Members on their long careers and bama [Mr. BEVILL], the ranking mem- scream and shout and do a lot of their fine achievements in Congress. ber. It has been my privilege to serve things. Not much happens. We have a Their cooperative spirit is a valuable with these two gentleman since 1985 few that even violateHouse rules in example of how bipartisan leadership and on the committee since 1989. terms of assaulting other Members oc- can produce excellent results. I will say that I do not believe there casionally. Nobody much cares about This year’s energy and water bill exists in this body, and perhaps in the them. But when it comes to the team manages to provide funding for many history of the country, two men who of MYERS and BEVILL and that is rep- important water projects including, I came to public life together in this in- licated in a few places, I think all of might say, a number in my State of stitution and who have worked hand in theHouse and the American people can California as well as funding for envi- hand in a way to fashion not just a leg- take pride in what these two gen- ronmental cleanup, renewable energy islative product that is good for the tleman have done during their career and many other vital activities. country and good for all of us, but a in Congress, and I wish them both the Overall, the bill is a remarkable product that truly has improved the best in the years ahead. achievement in this time of declining lives of all Americans because it is our budgets. infrastructure, our future, our econ- Mr. MYERS of Indiana. Mr. Speaker, The writing is on the wall. Each year omy. It is transportation and water re- I yield myself such time as I may it becomes more and more difficult to sources that truly have made America consume to say, ‘‘Thank you’’ for the meet all of the flood control, water without question the strongest country nice things people have said about this supply, energy and environmental in the world. subcommittee, and more particularly, needs of this country. More and more The legacy of the gentleman from what they have said about the gen- emphasis is being placed on setting pri- Alabama [Mr. BEVILL], and the legacy tleman from Alabama [Mr. BEVILL] and orities, and, as in many other years, of the gentleman from Indiana [Mr. me. There are three of us on the sub- the Federal Government will play a re- MYERS], will be one that they leave committee who are voluntarily not duced role in the future. It is impera- this institution after three decades, coming back next year: the gentleman tive that we take a comprehensive re- with a legacy that they have made this from Texas, Mr. CHAPMAN, Mr. BEVILL, view of our energy and water needs and country stronger and better, have and myself. While we are retiring from focus less on incremental projects and helped its people and its families, and Congress, that does not mean we are more on broad-based solutions to our who leave here the kind of dedicated quitting. We are still going to be con- problems. service and an example to which all cerned about Congress and what it is I want to point out that this bill is who follow should aspire to duplicate. doing and the activities of this sub- $200 million less than was requested by My hat is off, and my congratula- committee. the administration. It is, I think, far tions to both of these gentleman. I ap- It has been a great honor for 30 years more than many thought would be preciate so much just having the op- to serve in theHouse, but even more available to this committee, or pos- portunity to work with them, to be a particularly, to serve with my col- sible to pass through this body. part of their great careers in this insti- league Mr. BEVILL. The subcommittee I want to pay particular tribute to tution, and to have been able to serve truly has been not bipartisan, but non- the chairman and his longtime side- with them on what I think is some of partisan. But under Mr. BEVILL’s lead- kick, the gentleman from Alabama the best work, the best committee in ership, the subcommittee has always [Mr. BEVILL], for the degree to which the entire U.S. Congress. I congratu- disregarded politics. So it has been a September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10343 honor to have served on this commit- a strategic focus and consistency across pro- and the Nevada test site. The direct reporting tee. I thank the staff and the commit- gram lines.'' channel applies only to site operations matters tee for their charity, their understand- Two years later, and 2 years after the most within the context of the site's security func- ing, and the help that they have pro- recent reforms by the current Secretary were tion. Site operations matters are defined to in- vided for both TOM and me. put in place, the GAO released another report clude budget, personnel and procurement So we thank you very much from which uncovered still more problems. In this matters. deep in our heart. report, entitled ``Department of Energy, A Requiring the Secretary of Energy to report Mr. THORNBERRY. Mr. Speaker, I would Framework for Restructuring DOE and Its Mis- to Congress on how to further reorganize field like to take this opportunity to briefly address sions,'' the GAO found that: `Àttempts to es- activities and management of the national se- section 302 of H.R. 3816, the Energy and tablish direct accountability among program of- curity functions of the Department of Energy. Water Development Conference Report for fices at headquarters, administrative units, The plan must identify all significant functions Fiscal Year 1997. Section 302 pertains to sec- field offices, and the national laboratories have presently performed by the operations offices tion 3140 of the 1997 Defense Authorization been especially difficult. Reporting relation- relating to any of the facilities and laboratories Act, H.R. 3230, which I had introduced in the ships changed often and sometimes have covered by this section and which of these National Security Committee and which has been confusing.'' functions could be performed: (1) by the area been approved by both theHouse and Senate. But GAO is not the only one who has been offices of the Department of Energy located at Section 3140 addresses an issue of critical critical of DOE's management structure over the facilities and laboratories; or (2) by the As- importance to our national securityÐthe man- the past several years. sistant Secretary of Energy for Defense Pro- agement of the Nation's nuclear weapons In 1989, in a report to the Secretary of En- grams. The plan must also recommend and complex and, specifically, whether a manage- ergy, the Advisory Committee on Nuclear address other internal streamlining and reor- ment structure which was designed 45 years Safety recommended that the Secretary: ganization initiatives that the Department of ago is able to meet the challenges we face ``streamline management to make responsibil- Energy could pursue. today. Numerous studies completed over the ities clear, that you put knowledgeable people Establishing a Defense Programs Manage- past several years have revealed that it is not. in line positions of responsibility, and that you ment Council to advise the Secretary on policy As far back as 1981, in a report revealingly give them authority. This is important for as- matters, operational concerns, strategic plan- entitled `À New Headquarters/Field Structure surance of nuclear safety. Solving the DOE's ning, and development of priorities relating to Could Provide a Better Framework for Improv- problems will require upper management and the Department's national security functions. ing Department of Energy Operations,'' the operating personnel to work together closely The Council shall be composed of the direc- General Accounting Office was recommending and effectively. This will not be possible if the tors of the four production sites, the three that changes needed to be made to the basic staff must work through buffers of people who labs, and the Nevada test site and shall report management structure at DOE. are not technically competent.'' directly to the Assistant Secretary for Defense The Defense Nuclear Facilities Safety More recently, in August 1993, the GAO is- Programs. The Council shall be operated and BoardÐwhose members are appointed by the sued a detailed criticism of past management staffed by the Assistant Secretary for Defense PresidentÐhas echoed these concerns. In practices in the Department entitled ``Manage- Programs through resources available to the March of 1996, one of its members, John W. ment Problems Require a Long-Term Commit- Office of the Secretary of Energy. Crawford, issued a report titled `Àssessment ment to Change.'' The report lauded recent Section 3140 would apply to the following Concerning Safety at Defense Nuclear Facili- initiatives by the DOE over the previous year, facilities and laboratories of the Department of ties: The DOE Technical Personnel Problem.'' but noted that strong leadership was needed Energy: the Kansas City plant, Kansas City, The report contained a number of conclusions to build an effective management structure for MO, the Pantex plant, Amarillo, TX; the Y±12 regarding DOE management and internal ef- the future. The report noted communication plant, Oak Ridge, TN, the Savannah River forts to fix the problems, including: problems and a weak work force with limited site, Aiken, SC; the Los Alamos National Lab- Field organizations have had a long his- technical and administrative skills. Overall, oratory, Los Alamos, NM; the Sandia National GAO concluded, ``DOE has significant man- tory of relative independence from subordi- nation to Headquarters; thus these dif- Laboratory, Albuquerque, NM; the Lawrence agement problems, as reported by many over- Livermore National Laboratory, Livermore, CA; sight groups and acknowledged by agency ferences are likely to be difficult to resolve. A recent effort to do so was led by an action the Nevada test site, Nevada. leadership.'' As examples, the report cited a group of senior Headquarters and field man- The provision in this appropriation bill per- number of telling observations and conclu- agers under the aegis of the Strategic Align- tains to section 3140 requires that the Sec- sions, including: ment Implementation Group. The results of retary of Energy ``develop a plan to reorganize According to over 90 percent of the 114 sen- the deliberations by the action group were the field activities and management of the na- ior DOE managers we interviewed, organiza- reported to the Associate Deputy Secretary tional lines of authority need to be clarified for Field Management in a memorandum tional security functions of the Department of * * * . Many of DOE’s senior managers told dated June 22, 1995, from the Manager Rich- Energy.'' I have been assured by officials with- GAO that ‘‘fiefdoms’’ throughout the field land Operations Office. The document states in the Department of Energy that they recog- structure hampered their operations. that ‘‘The Strategic Alignment Team identi- nize the seriousness of the problem, and they Management of the nuclear weapons com- fied the need for clarity in roles, responsibil- will conduct a serious study in response to this plex and the national laboratory system ities, authority, and accountability between provision and that they will take action. * * * is today in disarray * * * its manage- Headquarters [and] the operations offices Therefore, I support the conference report. I ment is under severe stress. * * * to improve coordination and eliminate will, however, closely follow the actions of the GAO believes that having field units report duplication of work.’’ It offered a plan for directly to senior officials at headquarters doing so. However, the plan was submitted in DOE to ensure that the safety of workers and who are responsible for a program is a prom- draft form and, as far as the Board has been civilians are protected, that taxpayer dollars ising strategy. We have supported stronger made aware, no action has been taken on it. are used wisely and efficiently, and that the headquarters-to-field-program accountabil- The Defense Nuclear Facilities Safety security of the country is protected. ity in DOE, and having field offices report di- Board has recommended a strengthened and Mr. MYERS of Indiana. Mr. Speaker, rectly to program assistant secretaries is a streamlined managerial approach and clear I yield back the balance of my time. way to establish accountability. [Our goal] is lines of authority and control. The DNFSB The SPEAKER pro tempore. Without to establish a more direct line of command acknowledges that years of doing things a between headquarters and field program per- certain way and bureaucratic inertia has objection, the previous question is or- sonnel. made reform next to impossible. dered. Overall reporting between field offices and It is because of these studies that section There was no objection. headquarters must be established and under- MOTION TO RECOMMIT OFFERED BY MR. OBEY stood. And direction and guidance on pro- 3140 was included as part of the 1997 De- gram matters and oversight from head- fense Authorization Act. The section would ac- Mr. OBEY. Mr. Speaker, I offer a mo- quarters offices needs to be clarified, coordi- complish three main objectives aimed at tion to recommit. nated, and integrated if the [O’Leary report- streamlining the DOE management structure The SPEAKER pro tempore (Mr. ing scheme] or any other scheme is to work and addressing the concerns raised in these LATOURETTE). Is the gentleman op- effectively. numerous reports. These objectives include: posed to the conference report? The GAO followed its August 1993 report Establishing a clear and streamlined reporting Mr. OBEY. Yes, I am, Mr. Speaker. with another in February 1994 in which it once channel between the Assistant Secretary of The SPEAKER pro tempore. The again found that, ``DOE's management of the Energy for Defense Programs and the area of- Clerk will report the motion to recom- laboratories is highly fragmented, lacking both fices of the four production sites, three labs mit. H10344 CONGRESSIONAL RECORD — HOUSE September 12, 1996 The Clerk read as follows: Lewis (CA) Ortiz Souder EXTENDING MOST-FAVORED- Lewis (GA) Orton Spence Mr. OBEY moves to recommit the con- Lewis (KY) Owens Spratt NATION TREATMENT TO CAM- ference report to the committee of con- Lightfoot Packard Stark BODIA ference. Linder Pallone Stenholm Mr. CRANE. Mr. Speaker, I ask unan- Lipinski Parker Studds The SPEAKER pro tempore. Without Livingston Pastor Stump imous consent to take from the Speak- objection, the previous question is or- LoBiondo Paxon Stupak er’s table the bill (H.R. 1642) to extend dered on the motion to recommit. Lofgren Payne (VA) Talent nondiscriminatory treatment—most- Longley Pelosi Tanner There was no objection. Lowey Peterson (FL) Tate favored-nation treatment—to the prod- The SPEAKER pro tempore. The Lucas Peterson (MN) Tauzin ucts of Cambodia, and for other pur- question is on the motion to recommit. Luther Pickett Taylor (MS) poses, with a Senate amendment there- Maloney Pombo Taylor (NC) to, and concur in the Senate amend- The motion to recommit was re- Manton Pomeroy Tejeda jected. Manzullo Porter Thomas ment. The SPEAKER pro tempore. The Markey Portman Thompson The Clerk read the title of the bill. Martinez Poshard Thornberry The Clerk read the Senate amend- question is on the conference report. Martini Pryce Thornton Pursuant to clause 7 of rule XV, the Mascara Quillen Thurman ment, as follows: yeas and nays are ordered. Matsui Quinn Tiahrt Senate amendment: Strike out all after McCarthy Radanovich Torkildsen The vote was taken by electronic de- the enacting clause and insert: McCollum Rahall Torres SECTION 1. CONGRESSIONAL FINDINGS. vice, and there were—yeas 383, nays 29, McCrery Rangel Torricelli The Congress finds that— not voting 21, as follows: McDade Regula Towns McDermott Riggs Traficant (1) despite recent increases in acts of re- [Roll No. 413] McHugh Rivers Upton pression by the Cambodian Government and YEAS—383 McInnis Roberts Velazquez growing government corruption that has McIntosh Rogers Vento contributed to substantial environmental Abercrombie Conyers Goodling McKeon Rohrabacher Visclosky Ackerman Costello Gordon degradation, Cambodia has made some McKinney Rose Volkmer progress towards democratic rule after 20 Allard Cox Goss Meehan Roth Vucanovich years of undemocratic regimes and civil war, Andrews Coyne Graham Meek Roukema Walker Archer Cramer Green (TX) Menendez Roybal-Allard Walsh and is striving to rebuild its market econ- Armey Crane Greene (UT) Metcalf Rush Wamp omy; Bachus Crapo Greenwood Mica Sabo Ward (2) extension of unconditional most-fa- Baesler Cremeans Gunderson Millender- Salmon Waters vored-nation treatment would assist Cam- Baker (CA) Cubin Gutierrez McDonald Sanders Watt (NC) bodia in developing its economy based on Baker (LA) Cummings Gutknecht Miller (CA) Sawyer Watts (OK) Baldacci Cunningham Hall (OH) free market principles and becoming com- Miller (FL) Saxton Waxman petitive in the global marketplace; Ballenger Danner Hall (TX) Minge Scarborough Weldon (FL) Barcia Deal Hamilton Mink Schaefer Weldon (PA) (3) establishing normal commercial rela- Barr DeLauro Hancock Moakley Schiff Weller tions on a reciprocal basis with Cambodia Barrett (NE) DeLay Hansen Molinari Schumer White will promote United States exports to the Barrett (WI) Dellums Harman Mollohan Seastrand Whitfield rapidly growing Southeast Asian region and Bartlett Deutsch Hastert Montgomery Serrano Wicker expand opportunities for United States busi- Barton Diaz-Balart Hastings (FL) Moorhead Shadegg Williams Bateman Dickey Hastings (WA) ness and investment in the Cambodian econ- Murtha Shaw Wilson omy; and Becerra Dicks Hayworth Myers Shuster Wise Beilenson Dingell Hefley Myrick Sisisky Wolf (4) expanding bilateral trade relations that Bentsen Dixon Hefner Nadler Skaggs Woolsey includes a commercial agreement may pro- Bereuter Doggett Herger Neal Skeen Wynn mote further progress by Cambodia on Berman Doolittle Hilliard Nethercutt Skelton Yates human rights and democratic rule and assist Bevill Dornan Hinchey Ney Slaughter Young (AK) Cambodia in adopting regional and world Bilbray Doyle Hobson Norwood Smith (MI) Young (FL) trading rules and principles. Bilirakis Dreier Hoekstra Nussle Smith (NJ) Zimmer Bishop Duncan Hoke Oberstar Smith (WA) SEC. 2. EXTENSION OF NONDISCRIMINATORY Bliley Dunn Horn Olver Solomon TREATMENT TO THE PRODUCTS OF Blumenauer Durbin Hostettler CAMBODIA. Blute Edwards Houghton NAYS—29 (a) HARMONIZED TARIFF SCHEDULE AMEND- Boehlert Ehlers Hoyer MENT.—General note 3(b) of theHarmonized Boehner Ehrlich Hunter Burton Johnston Reed Chabot Klug Roemer Tariff Schedule of the United States is Bonilla Engel Hutchinson amended by striking ‘‘Kampuchea’’. Bonior English Hyde Cooley McHale Royce Bono Eshoo Inglis Davis Moran Sanford (b) EFFECTIVE DATE.—The amendment Borski Evans Istook DeFazio Morella Schroeder made by subsection (a) applies with respect Boucher Everett Jackson (IL) Ensign Neumann Sensenbrenner to goods entered, or withdrawn from ware- Brewster Ewing Jackson-Lee Gekas Obey Shays house for consumption, on or after the effec- Browder Farr (TX) Hilleary Oxley Stearns tive date of a notice published in the Federal Brown (FL) Fattah Jacobs Holden Petri Stockman Johnson, Sam Ramstad Register by the United States Trade Rep- Brown (OH) Fawell Jefferson resentative that a trade agreement obligat- Brownback Fazio Johnson (CT) Bryant (TN) Fields (LA) Johnson (SD) NOT VOTING—21 ing reciprocal most-favored-nation treat- Bunn Fields (TX) Johnson, E. B. Bass Flake Payne (NJ) ment between Cambodia and the United Bunning Filner Jones Brown (CA) Ganske Richardson States has entered into force. Burr Flanagan Kanjorski Bryant (TX) Hayes Ros-Lehtinen SEC. 3. REPORT TO CONGRESS. Buyer Foglietta Kaptur Clay Heineman Scott The President shall submit to the Con- Callahan Foley Kasich Clinger Lincoln Smith (TX) gress, not later than 18 months after the date Calvert Forbes Kelly de la Garza McNulty Stokes Camp Ford Kennedy (MA) Dooley Meyers Zeliff of the enactment of this Act, a report on the Campbell Fowler Kennedy (RI) trade relations between the United States Canady Fox Kennelly and Cambodia pursuant to the trade agree- Cardin Frank (MA) Kildee b 1150 ment described in section 2(b). Castle Franks (CT) Kim Chambliss Franks (NJ) King Messrs. PETRI, SHAYS, and BUR- Mr. CRANE (during the reading). Mr. Chapman Frelinghuysen Kingston TON of Indiana changed their vote Speaker, I ask unanimous consent that Chenoweth Frisa Kleczka from ‘‘yea’’ to ‘‘nay.’’ the Senate amendment be considered Christensen Frost Klink as read and printed in the RECORD. Chrysler Funderburk Knollenberg Mrs. MALONEY, Mrs. LOWEY, and Clayton Furse Kolbe Mr. SCHUMER changed their vote from The SPEAKER pro tempore. (Mr. Clement Gallegly LaFalce ‘‘nay’’ to ‘‘yea.’’ LATOURETTE). Is there objection to the Clyburn Gejdenson LaHood request of the gentleman from Illinois? Coble Gephardt Lantos So the conference report was agreed There was no objection. Coburn Geren Largent to. Coleman Gibbons Latham The SPEAKER pro tempore. Is there Collins (GA) Gilchrest LaTourette The result of the vote was announced objection to the original request of the Collins (IL) Gillmor Laughlin as above recorded. gentleman from Illinois? Collins (MI) Gilman Lazio Combest Gonzalez Leach A motion to reconsider was laid on Mr. RANGEL. Mr. Speaker, reserving Condit Goodlatte Levin the table. the right to object, I have discussed September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10345 this with the chairman of the Sub- should act as we traditionally do after glad to support my colleague but not committee on Trade, it is a non- a military engagement. I think we with a Senate resolution and giving controversial addition that has been should act, as the Senate has, to sup- this President the authority to put our placed on it by the Senate, and I do not port our Armed Forces. That is really people in harm’s way with no plan. object. all the resolution does. I am once again That is my question to my friend. Mr. CRANE. Mr. Speaker, will the asking if the leader would schedule a Mr. FAZIO of California. Reclaiming gentleman yield? vote immediately on this important my time, Mr. Speaker, I wonder if the Mr. RANGEL. Further reserving the resolution. leader would want to associate himself right to object, I yield to the gen- Mr. Speaker, I yield to the majority with the position taken by the Member tleman from Illinois. leader for any response he wants to in the well. Mr. CRANE. Mr. Speaker, I thank give. Mr. ARMEY. If the gentleman will the ranking minority member of our Mr. ARMEY. I thank the gentleman yield further, let me, Mr. Speaker, just distinguished trade subcommittee for for yielding. I do not know whether the predicate my remarks on the schedule his comments and would remind col- two gentlemen, the gentleman from by responding to the gentleman from leagues that this already cleared Pennsylvania and the gentleman from California. theHouse on a bipartisan basis. The California, would prefer that I let you If the gentleman from California will only thing that the Senate did was have your colloquy and then we go to continue to yield, it is very clear, it modify theHouse language in a specific the schedule. seems to most of us, that current way noting that Cambodia has made Mr. FAZIO of California. This is re- events have outpaced the resolution on progress toward democratic rule and is lated to the schedule if the gentleman Iraq passed by the Senate last week. It striving to rebuild its economy. The has any response. Otherwise I could is not likely that theHouse will bring amendment finds that expanding our yield to the gentleman from Penn- the resolution passed last week up for bilateral trade relations may promote sylvania. a vote. While I say that, let me say, further progress by Cambodia on Mr. ARMEY. It seems that I might be Mr. Speaker, that I am sure I speak for human rights and democracy and may able to more neatly conduct my busi- every Member of this body when I say assist that country in adopting re- ness of announcing the schedule. If the theHouse of Representatives stands in gional and world trading principles. two of you gentlemen want to have a support of our men and women in uni- Given its progress already, I would bit of a colloquy, go ahead and have form everywhere they may be sta- urge my colleagues to support passage that first. tioned in the world and that our sup- of this important legislation. Mr. FAZIO of California. I would be port for men and women in this area of Mr. RANGEL. Mr. Speaker, I support interested in whatever comment the the world is of particular interest to us the gentleman from Illinois, and I gentleman from Pennsylvania, a mem- today. withdraw my reservation of objection. ber of the Committee on Armed Serv- Having made those comments, I The SPEAKER pro tempore. Is there ices, has. would just say that the leadership has objection to the request of the gen- Mr. WELDON of Pennsylvania. I not had brought to its attention from tleman from Illinois? thank my colleague and friend for any of the relevant committees in There was no objection. yielding. theHouse that might initiate a resolu- A motion to reconsider was laid on Mr. Speaker, as a senior member of tion related to current events in Iraq, a the table. the Committee on National Security resolution that they would have us to f and chair of one of the subcommittees, bring to the floor. I understand the gentleman’s concern b GENERAL LEAVE about having a vote on this floor and 1200 Mr. CRANE. Mr. Speaker, I ask unan- very frankly I agree with him, but I At this point, we have nothing in imous consent that all Members may have a great deal of concern with the leadership under consideration to bring have 5 legislative days within which to Senate resolution in light of the ac- to the floor on that subject. revise and extend their remarks and in- tions that have taken place over the Mr. FAZIO of California. Mr. Speak- clude extraneous material on H.R. 1642. past several days. In fact, in a recently er, reclaiming my time, and I appre- The SPEAKER pro tempore. Is there adjourned House Committee on Na- ciate the candid response, it seems to objection to the request of the gen- tional Security meeting where I asked me totally inappropriate for us to tleman from Illinois? Chairman FLOYD SPENCE if he or Vice allow events that may be taking place There was no objection. Chairman RON DELLUMS have been even as we speak to get in the way of f briefed on what is occurring now, they an effort to resolve as a group, both replied no. I questioned the chair- bipartisanly, that we want to support LEGISLATIVE PROGRAM man of the Committee on International the American men and women who are (Mr. FAZIO of California asked and Relations, BEN GILMAN, and he has not engaged in this conflict. It seems to me was given permission to address been briefed. Chairman LIVINGSTON has that is a minimum thing. theHouse for 1 minute.) not been briefed. We may want to talk about other as- Mr. FAZIO of California. Mr. Speak- We have a President announcing that pects of this. We are in the middle of a er, I yield to the gentleman from Texas we are sending F–117 planes to the base political campaign. But this is a bot- [Mr. ARMEY], the distinguished major- in Kuwait because we cannot base tom line request, and I know the leader ity leader, to inquire of the schedule them in Saudi Arabia and now Saddam has brought other matters to the floor for the remainder of the week and next Hussein is saying by basing them in without a direct committee jurisdic- week. Kuwait, that is in fact Kuwait declar- tion. So I guess I would still hope that Before I yield, I would like to pose a ing an act of war against Iraq. he would reconsider that decision, let question as well to the leader. We on These are situations that require us get this behind us, and move on to this side of the aisle have repeatedly under the War Powers Act this body to other issues. requested that you schedule a vote on be consulted with. That, in fact, is not I yield to the gentleman from Cali- House Resolution 288, a resolution taking place. In face the U.N. resolu- fornia [Mr. MILLER]. commending the U.S. Armed Forces for tion which authorizes us there in the Mr. MILLER of California. Mr. carrying out the military mission in first place in fact requires this Presi- Speaker, I thank the gentleman for Iraq. dent to abide by that resolution. yielding. As you know, the Senate passed this To my dear friend and colleague, I Mr. Speaker, I find it incredible that resolution by a vote of 96 to 1 on Sep- say we have to have a vote but not on we might stall a vote for support of our tember 5. I do not note that it is sched- the Senate resolution. This body needs troops that may or may not be in uled for the week. I do not believe it to vote on whether or not we support harm’s way, but are clearly flying at has been scheduled for next week. We this President and what he is doing this time missions of risk, and we have heard from staff that it will not with our troops right now. I am going would stall that based upon whether or be scheduled. We believe that theHouse to demand that next week and I will be not Saddam Hussein believes this is an H10346 CONGRESSIONAL RECORD — HOUSE September 12, 1996 act of war because we have moved some ment he may wish to make, a member week, including H.R. 3675, the Depart- military hardware and perhaps some of the Committee on International Re- ment of Transportation Appropriations troops into a country that has already lations. Act; H.R. 3610, the Department of De- been attacked and assaulted and in- Mr. ENGEL. Mr. Speaker, let me say, fense Appropriations Act; H.R. 3666, vaded by Saddam Hussein in the past, with all due respect to the majority VA–HUD Appropriations; H.R. 2202, the and he has built up military assets on leader, I do not think our being briefed Immigration and Nationality Act; and their border. has one thing to do with congressional H.R. 3005, the Securities Amendments So now it is Saddam Hussein’s char- support for our men and women who of 1996. acterization of what this President has are putting their lives on the line. TheHouse may also consider a fiscal done that may or may not dictate Whether or not we feel we have been year 1997 omnibus appropriations bill whether or not we are going to provide briefed, I have something here where next week. a congressional resolution of support we had a briefing by the State Depart- We will conclude legislative business for our troops. It is just ludicrous that ment. There have been several other by 2 o’clock p.m. on Friday, September we would be in that situation. briefings. I think we should just sup- 20, and I do thank the gentleman for Mr. ARMEY. Mr. Speaker, if the gen- port our men and women over there. I yielding me this time. tleman from California would yield fur- think it is very, very clear, unfortu- Mr. FAZIO of California. Mr. Speak- ther, I would like to make one state- nately, that the Republicans here are er, if I could reclaim my time, I have a ment related to this question and then playing politics, and frankly want to couple of questions. Is it likely that we get on with announcing the schedule. embarrass the President as much as would have votes only Friday, Septem- Let me just say to the gentleman from possible. ber 20, or would it be possible we would California, when the President of the Mr. ARMEY. If the gentleman from end up, as recently, not being in on United States, the Commander in Chief California would yield further, under Friday? of the Armed Forces, determines that regular order, I think it is appropriate Mr. ARMEY. I thank the gentleman he wants to commit American men and at this time for us to announce the for that inquiry, and if the gentleman woman and American military reschedule on behalf of the Members, and will yield further, we try to accommo- sources to a field of action, it is in my then perhaps the gentlemen so gath- date to the Members as much as we judgment appropriate that the Presi- ered here on the floor would like to can. I think in all realistic projections, dent of the United States would share come together in a special order to we should expect these conference re- information with the appropriate Mem- have this very broad-based debate. ports to really be coming out of the bers of the Congress in committee posi- I might say to the gentleman from various conferences next week, and I tions and in leadership positions on California, first of all, it is not appro- think realistically we should all antici- both sides of the aisle, on both ends of priate for us to take up a resolution pate we will in fact be here on Friday the building. Only after Congress is passed by the other body. That is a res- finishing up these conference reports. fully and completely briefed by the ad- olution of the other body. I might then We are all anxious to complete the ministration regarding the actions further say that I am sure the gen- year’s business and move to sine die, that they have underway and the con- tleman from California would agree and I have, as the song says, high hopes sequences of those actions as things with me that the support that each and that these conference reports will be are playing out on the ground, should every Member of this body gives to our coming to the body in such numbers Congress then take it upon itself to men and women in the field is so pro- that we should project our being here move forward with a resolution saying foundly known and stated that it hard- on Friday. something about the position Congress Mr. FAZIO of California. If the gen- takes on that action. ly needs a formal vote on a resolution. But I must say, in all candor, it That being the case, I think this tleman would allow me to reclaim my would be very premature for this body body in all prudence should await any time, is it possible we would have no to bring forward a resolution about action taken, by way of any statement votes on Wednesday before noon? Is these actions in Iraq at a time when from which any inference could be that likely to be the case? this body has not yet had any briefing drawn related to the action currently Mr. ARMEY. At this point I would by the administration regarding what under way in Iraq, until the President expect we would have votes after 5 on exactly it is they are doing in Iraq. I and the administration brief Members Tuesday. personally would not want to, as a of this body about what exactly is Mr. FAZIO of California. We ought to Member of this Congress, vote on a res- being done. be prepared on Wednesday for votes in olution that involves American men Mr. FAZIO of California. At this the morning. and women and American materials point I will yield to the gentleman for Mr. ARMEY. It is my hope we will committed to a field of conflict, with whatever comments he may wish to work long and hard cleaning up and no more knowledge about what is hap- make on the schedule. passing conference reports next week, pening on that than what it is I read in Mr. ARMEY. I thank the gentleman and keep ourselves busy until that 2 the newspapers. for yielding. o’clock departure time. So I would suggest that if the admin- Mr. Speaker, theHouse has finished Mr. FAZIO of California. Mr. Speak- istration would like a resolution from its legislative business for the week. er, I have a question regarding the Reg- this body, the administration might TheHouse will next meet at 12 o’clock ulatory Burden Relief Act. I know the initiate efforts to brief this body on noon on Monday, September 16, for a gentleman from Iowa, the chairman of what actions are being taken. pro forma session. Of course, there will the Committee on Banking and Finan- Mr. FAZIO of California. Reclaiming be no legislative business and no votes cial Services, has a thankless task in my time, I would simply say, before on that day. trying to put together the right mix of briefly yielding to my friend from New On Tuesday, September 17, theHouse policies to try to get something that York, that the Senate voted 96 to 1 to will meet at 12:30 p.m. for morning could be supported on the Floor. support the troops. That is all we are hour and at 2 o’clock p.m. to consider Is it possible that the minority could talking about. We are not talking a number of bills under suspension of be informed about what the rule con- about the need for better consultation the rules. We will distribute a list of sideration will be in terms of getting or any further action that the commit- suspensions to all Members’ offices as amendments to the Committee on tees of jurisdiction may want to take. soon as it is ready. Any recorded votes Rules by a given time? Are we going to We are simply saying that we ought to ordered on the suspensions will be post- be taking it up on Tuesday? Is there be together as a country in support of poned until 5 o’clock p.m. on Tuesday going to be ample opportunity to our men and women. This is not in sup- next. amend that legislation on the floor? port of every aspect of this involve- Mr. Speaker, on Wednesday we hope Will that come under a closed rule, or ment that we have once again been to take up H.R. 1858, the Regulatory on suspension? forced to take up in Iraq. Burden Relief Act, which will be sub- Mr. ARMEY. Again, I thank the gen- I yield briefly to my friend from New ject to a rule. We also expect a number tleman for that inquiry. The Commit- York, Mr. ENGEL, for whatever com- of conference reports will be ready next tee on Rules is discussing bringing that September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10347 up on Tuesday. If the gentleman would theHouse adjourns on Monday, Septem- First of all, there is no Member of accept, I think what we perhaps can ber 16, 1996, it adjourn to meet at 12:30 this body who does not fully support best proceed at this time by having the p.m. on Tuesday, September 17, for our troops. Let us make that state- gentleman from New York [Mr. SOLO- morning hour debates. ment known up front. In fact we on MON] and the gentleman from The SPEAKER pro tempore. Is there this side have restored $8 billion of cuts Massachusettss [Mr. MOAKLEY] con- objection to the request of the gen- that this administration made to sup- clude their discussions about their tleman from Texas? port those troops. planning for the committee, and then There was no objection. What is happening right now is that we will make every effort in conjunc- f this President is going beyond the tion with the committee to see that all mandates of the U.N. resolution, which members are notified of the meeting DISPENSING WITH CALENDAR do not give the United States unilat- time and try to accommodate any ef- WEDNESDAY BUSINESS ON eral authority to go in and take action forts to bring amendment requests be- WEDNESDAY NEXT in Iraq. There is no provision in there fore the committee. Mr. ARMEY. Mr. Speaker, I ask for unilateral action. The allies are not Mr. FAZIO of California. Mr. Speak- unanimous consent that the business behind us, as President Bush had when er, let me yield to my friend, the gen- in order under the Calendar Wednesday he went in there in the first place. In tleman from Montana [Mr. WILLIAMS], rule be dispensed with no Wednesday fact, Saudi Arabia is now considering for any question he may have. next. denying us basing rights for the F– Mr. WILLIAMS. Mr. Speaker, I have The SPEAKER pro tempore. Is there 117’s. no questions. If the minority leader is objection to the request of the gen- b 1215 completed with the schedule, I would tleman from Texas? We know nothing about what is oc- ask my friend to yield to continue the There was no objection. curring. As a senior member of the dialog which was preceding prior to the f announcement of the schedule. Committee on National Security, I Mr. ARMEY. If the gentleman from ANNOUNCEMENT BY THE SPEAKER asked our chairman, who has not been California would yield further, if it is PRO TEMPORE briefed, about what is occurring, and we are about to send our young pilots in order, I would like to make my The SPEAKER pro tempore. The unanimous consent requests, and then, into harm’s way with no plan, no func- Chair will entertain 1-minute requests tionary understanding for us in this if in fact it is the will of the Chair to at this point. let the gentleman continue in this in Congress about what the ultimate f order for the other Members to make game plan is. their discourse, I actually have other VIOLATING AN AMERICAN The War Powers Act requires this things on my schedule I would like to TRADITION President to consult with us, and we in do. this institution should demand that (Mr. WILLIAMS asked and was given take place. The SPEAKER pro tempore (Mr. permission to address theHouse for 1 ATOURETTE). The time of the gen- If anyone wants to charge politics, I L minute and to revise and extend his re- tleman from California has expired. would say the politics is this adminis- marks.) f tration rushing to send our troops into Mr. WILLIAMS. Mr. Speaker, I would harm’s way with no justifiable situa- PARLIAMENTARY INQUIRY remind my colleagues and all elected tion that merits that action. Mr. FAZIO of California. Mr. Speak- Federal officials, as well as candidates f er, I have a parliamentary inquiry. for President and Vice President, that the United States has a long and val- STOP PLAYING POLITICS AND The SPEAKER pro tempore. The gen- SUPPORT OUR TROOPS tleman will state it. ued tradition of ending politics at the Mr. FAZIO of California. Mr. Speak- water’s edge. (Mr. ENGEL asked and was given er, would it be possible for the major- I have served in this body under a permission to address theHouse for 1 ity leader to pose a unanimous-consent number of administrations, including minute and to revise and extend his re- request that the item which has been those of former President Reagan and marks.) discussed here be continued for half an Bush. Under both Presidents, this Mr. ENGEL. Mr. Speaker, I would hour, since several Members seem to country was involved in contentious say to my colleague from Pennsylvania want to be heard? controversial military matters, but al- if this is not politics being played, I do The SPEAKER pro tempore. Mem- ways and without exception the leader- not know what it is. bers may seek 1-minute recognition be- ship on both sides of the aisle sup- We can have all the briefings we fore special orders. ported those Republican Presidents’ want, the fact of the matter is the sup- Mr. ARMEY. Mr. Speaker, the gen- military actions overseas. port for our men and women ought to Speaker Tip O’Neill supported Ron- tleman from California [Mr. DORNAN] be forthcoming and it ought to be done apparently has the first special order ald Reagan’s actions, even when he dis- the way the Senate did, passed it vir- and indicated he would be happy to agreed with them, for example in Leb- tually unanimously. We ought to stop make time available for Members who anon. Speaker Jim Wright supported playing politics and support our troops. want to make comments on this. the actions of his President. Speaker We ought to support our men and Tom Foley supported the actions of his f women. We ought not to let Saddam President. Hussein control the situation. ADJOURNMENT TO MONDAY, We are coming perilously close in Quite frankly, as someone who sup- SEPTEMBER 16, 1996 this Congress and in the Presidential ported President Bush when it came to Mr. ARMEY. Mr. Speaker, I ask campaigns to violating that valued the Persian Gulf War, if President Bush unanimous consent that when American tradition. had done what he should have done and theHouse adjourns today, it adjourn to f removed Saddam Hussein we would not meet at noon on Monday next. be in the position we are right now. PRESIDENT GOING BEYOND The SPEAKER pro tempore. Is there So I think that we ought to stand be- MANDATES OF U.N. RESOLUTION objection to the request of the gen- hind our President. We ought to stand tleman from Texas? (Mr. WELDON asked and was given behind our men and women. We ought There was no objection. permission to address theHouse for 1 to not play politics just because there f minute and to revise and extend his re- is an election coming up 6 weeks from marks.) now. HOUR OF MEETING ON TUESDAY, Mr. WELDON of Pennsylvania. Mr. We ought to do what is right. We SEPTEMBER 17, 1996 Speaker, I am outraged at what is cur- ought to do what the Senate did, and Mr. ARMEY. Mr. Speaker, I ask rently happening here—comments we ought to pass some kind of resolu- unanimous consent that when being made. tion supporting our men and women. H10348 CONGRESSIONAL RECORD — HOUSE September 12, 1996 The fact that we have been briefed or Storm, but yet nobody in this House company is threatening to cancel his have not been briefed or have not been has any idea what is going on. church’s fire protection policy. Mr. briefed enough is totally irrelevant. I just left a national security meet- Speaker, Reverend Whitmill and his The fact is we should be supporting our ing 30 minutes ago, in which the gen- congregation have not been negligent President in a bipartisan fashion the tleman from Pennsylvania [Mr. in minimizing the risk of fire, nor have way Congress has always done and sup- WELDON] made the comment, he said they been negligent in paying their in- port our men and women. does anybody on either side of the aisle surance premiums. f have any information about exactly How then is it that this model insur- what is going on in Iraq right now. ance client is facing cancellation of the CONSULTATION IS IMPORTANT Nobody, nobody has any idea, and yet insurance that provides his congrega- (Mr. DORNAN asked and was given we are asked to stand up here and take tion financial and emotional security permission to address theHouse for 1 action to fund operations we know and peace of mind? Apparently, the in- minute and to revise and extend his re- nothing about, to support operations surance company feels threatened by marks.) we know nothing about. the recent plague of church arson. This Mr. DORNAN. Mr. Speaker, if the I think it is unfair. It is un-Amer- injustice must be stopped. gentleman from Pennsylvania [Mr. ican. This body deserves to know. I im- Before we adjourn, I urge this Con- WELDON] wants to stand tight, I will plore the President to inform us, to let gress to approveH.R. 3830, the Church yield him some time, even though it is us know what is going on. Insurance Protection Act [CIPA] to only a minute. f guarantee insurance protection for our I am going to do a one-hour special TRIBUTE TO MARTI MORGAN churches. America’s churches cannot order on supporting the troops. I am wait until next year for passage of this wearing the pin, air force fighter pilot (Mr. MICA asked and was given permission to address theHouse for 1 bill. here is wearing the pin of the First Ar- f mored Division, which is not an ar- minute and to revise and extend his re- mored division anymore. It is now light marks.) SPECIAL ORDERS Mr. MICA. Mr. Speaker, I come be- infantry in Bosnia, because all our The SPEAKER pro tempore (Mr. fore theHouse for just one moment to tanks are up in Germany. And that was COOLEY of Oregon). Under the Speak- announce the passing of one of our done without total consultation with er’s announced policy of May 12, 1995, staffers, a dear friend, Martha B. Mor- this House. and under a previous order of gan, affectionately known as Marti Consultation is important. I served 3 theHouse, the following Members will Morgan, who I had the great pleasure weeks while Jerry Ford was President, be recognized for 5 minutes each. and honor of working with on the Com- 4 years of Carter, 8 years of Reagan, 4 mittee on Government Operations, f years of Bush, and even though the which is now the Committee on Gov- MEMBERS SHOULD LEARN THE timing was not timely sometimes, al- ernment Reform and Oversight. RULES OF THE COMMITTEE ON ways there was consultation with the Marti was a professional staffer. She STANDARDS OF OFFICIAL CON- gang of 8: the two Intelligence Commit- was from New Mexico, I believe, and DUCT tee chairmen, the 2 Armed Services she sat behind me for several years on Committee chairmen, the 2 Foreign Af- The SPEAKER pro tempore. Under a the Government Reform Subcommittee previous order of theHouse, the gen- fairs or International Relations chair- with the gentleman from New York men. tleman from Florida [Mr. GOSS] is rec- [Mr. TOWNS] and others, and she was This is just God awful what is hap- ognized for 5 minutes. truly one of those unsung heroes of pening here. And everybody in uniform Mr. GOSS. Mr. Speaker, we have seen this Chamber and of this Congress. a good deal of hand-wringing and pos- knows this chairman supports them, so She worked so hard. On the minority turing these past few days on this floor I do not have to apologize for that. side we had very few staff members on and in the editorial pages of our Na- I demand constitutional authority of the Committee on Government Reform tion’s major and minor newspapers this House over men and women going and Oversight, so she used to have to about the ethics process. I guess that is into combat. And the minimum we do double duty. But she was always to be expected, given that we are deep should get is what we have had ever there and did a great job and I appre- into the blatant partisan election-year since World War II: consultation. That ciated her service so much to me and politicking that often overtakes us is what crossing the beach means: full to our committee and to our sub- every 2 years. And I suppose I should support with the elected Senators and committee. Representatives of the men and women And then she joined the majority, as not be surprised that editorial writers in uniform; being consulted in this I did, and we cut the staff dramati- have not studied the rule book of the Chamber. cally, eliminated many positions, so Committee on Standards of Official f our staffers had to work even harder. Conduct or of this House, and, there- But she was one of those people who fore, often write pieces that misstate CONGRESS NEEDS TO BE or confuse facts. INFORMED cared about this Congress and who cared about this country and whose ef- But I do expect more from Members (Mr. CHAMBLISS asked and was forts will be missed. of this institution, all of whom are given permission to address theHouse I just want to wish Marti’s family my bound by the rules of this House and for 1 minute and to revise and extend sympathy, express the sympathy on be- all of whom have an obligation to im- his remarks.) half of our committee and the sub- prove in its credibility, not attempt to Mr. CHAMBLISS. Mr. Speaker, I committee and this Congress to her tear it further down. want to just echo the remarks of the family and remember her in this hour. The fact is, however, that many of gentleman from California and the gen- my friends on the other side of the f tleman from Pennsylvania that have aisle seem not to have read and under- just gotten up here and talked about. THE CHURCH INSURANCE stood the rules of the Committee on I would say to my friend from New PROTECTION ACT Standards of Official Conduct as pre- York there has never been anybody in (Mr. FILNER asked and was given scribed in this little blue book. These this House in the year and 9 months I permission to address theHouse for 1 rules clearly state that we on the Com- have been here who has supported our minute and to revise and extend his re- mittee on Standards of Official Con- troops more than I have. I have given marks.) duct are not permitted to do what my them my full support in Bosnia, over Mr. FILNER. Mr. Speaker, I rise friends are so desperately trying to get an operation which I did not particu- today to remind this House of the con- us to do, and that is release informa- larly agree with, but I supported the tinuing threat to our Nation’s sacred tion before our process is complete. men and women once they were there. houses of worship. Now, I have said before and I say We are on the brink right now of po- Reverend J. Linzie Whitmill recently again that I have long believed that tentially another Operation Desert contacted me to say that his insurance the current process, as prescribed by September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10349 the rules in this little blue book and colleagues who are currently doing the tleman from Missouri [Mr. VOLKMER] is our House rules, this process is in seri- heavy lifting on that committee. recognized for 5 minutes. ous need of review and reform, and that I have other ideas, all of which are [Mr. VOLKMER addressed theHouse. is happening. But the last time we im- included in House Resolution 346, and I His remarks will appear hereafter in plemented major changes was in 1989, invite my colleagues to look at the the Extensions of Remarks.] and most observers, as well as most proposal and add others to it, and to f Members, I think, believe that it is bring forward ideas of their own, so time to do more. that we can have the best possible re- THE CLINTON ADMINISTRATION I have been saying that for years, and form of the ethics process. AND THE WAR ON DRUGS I have been trying to advance construc- We have an opportunity to turn all The SPEAKER pro tempore. Under a tive proposals for reform of this proc- the partisan rancor into a positive previous order of theHouse, the gen- ess through the Committee on Rules, force for change, and I hope we do not tleman from Florida [Mr. MICA] is rec- which is the proper venue for these dis- let that opportunity pass us by. The ognized for 5 minutes. cussions. But I have been blocked in purpose of the ethics committee is to Mr. MICA. Mr. Speaker, I come be- that effort on the Committee on Rules build a credibility of the institution. fore theHouse once again, I intent to by some of the very people who are now When we abuse the rules, we detract come before theHouse as many times so vigorously urging our committee to from the credibility of the institution as it takes, to see what we can do as a ignore our rules. and that does no Member or the insti- Congress, as a Nation, as parents, as So on the one hand they seem to be tution any good. concerned citizens to see how we can complaining about the constraints of f stem the drug epidemic in this coun- our current rules, while on the other try. I cannot think of any greater fail- b 1230 hand they refuse to allow us on the ure of an administration in my lifetime Committee on Rules to plan for The SPEAKER pro tempore (Mr. then the failure of this current admin- changes in the process so we do not fall COOLEY of Oregon). Under a previous istration in addressing and in fact ig- into these same problems in the next order of theHouse, the gentlewoman noring the problem of drug abuse and Congress. from Texas [Ms. JACKSON-LEE] is recog- drug misuse. Mr. Speaker, my dear friend from nized for 5 minutes. It is a very documentable history. It is a story that began in 1992, and we see Colorado, Mrs. SCHROEDER, inserted [Ms. JACKSON-LEE of Texas ad- the results today in our communities some remarks into Tuesday’s RECORD, dressed theHouse. Her remarks will ap- calling on me to resign my current po- pear hereafter in the Extensions of Re- and our streets and our schools and in sition on the Committee on Standards marks.] our homes. What is interesting to note with this chart that I brought here of Official Conduct. I would suggest to f today is the use of illegal drugs and the her, in good nature, that I would like The SPEAKER pro tempore. Under a history of our efforts in that war on nothing more than to relinquish my previous order of theHouse, the gen- drugs. post on that committee. I could say it tleman from Indiana [Mr. MCINTOSH] is In 1980, we see where President the other way, and do the Brer Rabbit recognized for 5 minutes. Reagan took over and said, just say no. and say, ‘‘Oh, please, don’t fire me [Mr. MCINTOSH addressed theHouse. And his wife, Nancy Reagan, said, just from the committee; don’t throw me His remarks will appear hereafter in say no, and provided the leadership to into that briar patch,’’ but the truth is the Extensions of Remarks.] this Nation and to our young people I have served my time there and I f and said, drugs are the wrong way to would love to move on. The SPEAKER pro tempore. Under a go. We see the chart from 1980 going As all Members know, serving there previous order of theHouse, the gen- down and then we see President Bush is a difficult and very thankless task. tleman from New Jersey [Mr. PALLONE] and Mrs. Bush, and they continued that It is no fun, it is extremely hard work, is recognized for 5 minutes. policy of just say no, that drugs will but, again, I am constrained by the destroy lives and drugs will destroy our very rules of the committee and by my [Mr. PALLONE addressed theHouse. His remarks will appear hereafter in young people. obligation to faithfully discharge my Then we see 1992, and the latest sta- duty to this House, and I will do that. the Extensions of Remarks.] f tistics are absolutely astounding. We I would say to the gentlewoman from see 1992, when President Clinton took The SPEAKER pro tempore. Under a Colorado [Mrs. SCHROEDER], and to all office and he first fired the drug czar. previous order of theHouse, the gen- my colleagues who have lambasted our Then he hired Joycelyn Elders, our committee in recent days, join me in tleman from Indiana [Mr. BURTON] is chief health officer for this Nation, my attempt to get real reform of the recognized for 5 minutes. who said, just say maybe, maybe take ethics process for the next Congress. [Mr. BURTON of Indiana addressed drugs, kids. For instance, I have proposed theHouse. His remarks will appear Then we saw the destruction of our changes to the process that would help hereafter in the Extensions of Re- interdiction program to stop in a most to address the problem we seem to be marks.] cost-effective manner drugs at their having, where Members of this House, f source. Then finally, in the insult to perhaps because they have not read or The SPEAKER pro tempore. Under a the highest office in this land, we saw do not fully understand the commit- previous order of theHouse, the gen- the WhiteHouse failing to curtail the tee’s current rules, make statements tleman from Louisiana [Mr. FIELDS] is employment of people with admitted that are misleading and confusing to recognized for 5 minutes. recent drug use and drug abuse his- other Members, and to the public, and [Mr. FIELDS of Louisiana addressed tories, which just startled me as a to the media. theHouse. His remarks will appear member of the committee that inves- My proposal would make all Members hereafter in the Extensions of Re- tigated that matter. So this is what we eligible to serve on the ethics panel, marks.] see, this is what they did, and this is similar to a jury approach, where any- f what we get. one could be called as needed at any Take this second chart, if you would, time perhaps. Perhaps, then, Members The SPEAKER pro tempore. Under a teen drug use. These statistics should would pay more attention to the rules. previous order of theHouse, the gen- shock every Member of Congress and This type of reform would, I think, tleman from Washington [Mr. every parent and every person in the ensure that Members become more fa- METCALF] is recognized for 5 minutes. media, the rampant increase in drug miliar with the rules and procedures of [Mr. METCALF addressed theHouse. use by our teenagers, 12 to 17 years old. that committee, which are important, His remarks will appear hereafter in I repeated this yesterday, drug use up and since they too could be called upon the Extensions of Remarks.] 78 percent, marijuana use, not the kind to serve duty there in the future. In f of marijuana of the 1960’s and the that case, then, perhaps they would be The SPEAKER pro tempore. Under a 1970’s, we are talking about more po- a little less likely to excoriate their previous order of theHouse, the gen- tent, more brain destructive, more H10350 CONGRESSIONAL RECORD — HOUSE September 12, 1996 gene destructive marijuana than kids Mr. WELDON of Pennsylvania. Mr. to time to make a decision to release have ever used before, up 105 percent. Speaker, my point of order is, the gen- information or to make public state- LSD use, 105 percent, cocaine, 166 per- tleman is proceeding out of order. This ments. cent increase. is a matter before the Ethics Commit- Speaker GINGRICH in 1988 said he had This is among our teenagers. So we tee. The gentleman knows the rules of serious concerns about whether or not see why we have 1.6 million of our this body. the Ethics Committee was engaging in Americans in jail, 70 percent of them in Mr. MILLER of California. Mr. that fashion, asked for the release of jail because of drug-related incidents. Speaker, if I may be heard on the point the report on Speaker Wright before We see why we have honest citizens of order. the subcommittee had a chance to fully and senior citizens and Americans liv- The SPEAKER pro tempore. The consider it or the full committee and ing behind bars in fear, afraid to go out Chair recognizes the gentleman from all, all relevant documents, tran- at night, afraid to go out of their home California [Mr. MILLER]. scripts, statements, interviews of any because we have created this situation. Mr. MILLER of California. Mr. witnesses before that committee. Mr. Speaker, this is the problem, and Speaker, the previous speaker from Now we find that in fact we are told what are we doing about it? As part of Florida got up and was talking about that we cannot adhere to what has this new majority, as someone who his initiative to reform the rules of been the policy of the Ethics Commit- called on the previous Congress to look theHouse Ethics Committee and stated tee from its inception on a bipartisan at the situation and do something and about whether or not a report could be basis to deliver to this Congress and to examine it and restore drug interdic- released or information can be re- the people of this country a report on tion, we are doing something. Today leased. I am differing with the gen- ethical charges by any Member against we are meeting and there are hearings tleman with respect to that statement any other Member, by members of the on restoring our Coast Guard effort. and the statement of the rules of public against Members, an unbiased Today we are working in the appropria- theHouse. I believe the rules of the report. tions measures that are before this Ethics Committee are not a matter be- The problem that we have today is Congress to restore our military effort fore the committee. the problem that we had in 1988. Again, to stop drugs in a cost-effective man- The SPEAKER pro tempore. The that problem was recognized by Speak- ner at their source. We are going to re- Chair will remind Members to refrain er GINGRICH when he stated that it was store also our efforts with our Drug En- from discussing specific official con- simply untenable for the American forcement Agency that were proposed duct cases. public to believe and for Members of for slashing by this administration, not The gentleman from California [Mr. this House to believe that we could by this new majority. MILLER] may proceed in order. have a free and open and fair investiga- So, Mr. Speaker, it takes leadership. Mr. MILLER of California. The point tion of the most powerful Member of It takes leadership from the being this, if I can finish reading this this House, the Speaker of theHouse of WhiteHouse. It takes leadership from section: That no information or testi- Representatives, by the Ethics Com- the Congress. We must set the stand- mony received or the contents of a mittee, and there should be in place at ard. We cannot lower the standard. We complaint or the fact of a finding, of a all times a free and fair investigation cannot have a WhiteHouse or a Presi- filing shall be publicly disclosed by any by an independent and special counsel. dent that in fact lower the standards committee or staff member unless, un- f for our young people because this is the less specifically authorized in each in- results we get. This is a headline that stance by a vote of the full committee. SITUATION IN IRAQ every American should see, every The point being this: Any report that is The SPEAKER pro tempore. Under a American should see that. before the committee on House ethics previous order of theHouse, the gen- f at any time can be released by a vote tleman from Pennsylvania [Mr. ETHICS COMMITTEE of that committee. Should the commit- WELDON] is recognized for 5 minutes. INVESTIGATION tee choose not to vote, that report will Mr. WELDON of Pennsylvania. Mr. The SPEAKER pro tempore. Under a continue to be secret. If the committee Speaker, I rise today to continue the previous order of theHouse, the gen- shall choose to vote, that report will dialog that we started before theHouse become public both to the Members of went into special orders regarding the tleman from California [Mr. MILLER] is recognized for 5 minutes. this House and to the Members of the current situation in Iraq. Mr. MILLER of California. Mr. public in general. As a senior member of Committee on Speaker, just a few moments ago, a This issue, this issue about the com- National Security and chairman of member of theHouse Ethics Committee mittee’s ability to release or not re- Subcommittee on Military Research from Florida came and spoke about the lease a report is not one of first impres- and Development, I take great pride in rules of that committee. Earlier today sion before this Congress. It was raised supporting our troops in all possible we had a discussion on this floor. In in 1988 in the matter regarding Speaker ways. I supported the President when fact, we were prevented from having a Jim Wright. At that time Congressman he initially went in to take action in discussion about whether or not that NEWT GINGRICH, not then-Speaker but Iraq because I had an idea of what was committee should release a report that now-Speaker, Congressman NEWT GING- occurring. In fact, I sat through a is currently before it with respect to RICH wrote to the gentleman from Cali- briefing a week ago that, I might add, the activities of Speaker GINGRICH and fornia, JULIAN DIXON, then chairman of was attended by less than 100 of my the tax laws of this country and the the Ethics Committee, and said to him colleagues, where we were briefed by misuse of nonprofit charitable founda- that he believed that it was absolutely the State Department and the military tions in political campaigns. essential that all 435 Members of this on what was happening. Unfortunately, The speaker said that apparently House have access to the reports and to the briefing, which was closed, did not they could not release the report, and information. tell me much more than that as re- the chairman of that committee has He went on to list, I believe, eight or ported by CNN and the national news said they cannot release that report, nine criteria in that letter that he be- media. that the rules do not allow for it. lieved should be invoked, the most im- My concern is right now, Mr. Speak- I would refer them to the rules of portant of which have not been cur- er, that we are reading reports that the theHouse which have been mimicked in rently done in this session of the Con- President, in his position as Com- the rules of the committee. It said, no gress. That is that any special or inde- mander in Chief, is now escalating information or testimony received— pendent counsel appointed by the Eth- that. First, we have seen additional POINT OF ORDER ics Committee shall have the ability to shots of cruise missiles. Now we are Mr. WELDON of Pennsylvania. Mr. conduct a free and full investigation, hearing that F–117’s are being trans- Speaker, I have a point of order. that the committee shall in no way ferred to the theater. We are hearing The SPEAKER pro tempore. The gen- hamper that, the committee shall only that those F–117’s may be based in Ku- tleman from Pennsylvania will state cooperate, and that that special coun- wait, partly because the Saudis are his point of order. sel shall have the discretion from time saying they do not want to have them September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10351 based in their country. We are further- what this President is getting us into? would have cut environmental protec- more hearing that Saddam, in fact, has We have no idea. We do not know. All tion, would have cut education, all to considered Kuwait’s action, in allowing we know is our allies are not support- give tax cuts for the wealthy; that is the basing to take place there, an act ing us except for Great Britain, and all bad enough. But what is going on today of aggression against Iraq. we know is now even some of the Arab and has been going on with the Com- Mr. Speaker, we may want to, in countries are having second thoughts mittee on Standards of Official Con- fact, support all of this. But the point about what unilateral actions we are duct and its coverup of what the is that the President is doing this uni- taking. That to me, Mr. Speaker, is Speaker of theHouse has done is laterally. There, in fact, has been no outrageous and should allow this body shameful beyond any comprehension. consultation with this body. to have a vote. It is a sad day when Members of My colleagues on the other side Mr. Speaker, I am preparing right theHouse cannot even get a copy of the raised the issue of how they supported now today, and I would hope that our report that the special counsel has President Bush during Desert Storm. colleagues who are sitting in their of- filed with the Committee on Standards In fact, I went back and checked the fices, or their staff members, would of Official Conduct on just one of sev- CONGRESSIONAL RECORD. Two of the call my office to support not only a let- eral, seven, complaints that have been three speakers who stood up just a few ter asking what is going on but a reso- filed against the Speaker. Only on one. short moments ago actually voted lution asking for the legal justification They have not done anything on the against President Bush’s involvement under the United Nations resolution others. of our troops. That is OK, because they that is very specific for us to take uni- What is the gentlewoman from Con- should have that right to speak their lateral action, and also asking for the necticut doing? Well, she met with the mind. But we are not being given the compliance with the War Powers Act. floor leader the other day. She has had opportunity to even understand what is Why have not the leader of the Com- press conferences in Connecticut. But going on, let alone vote to put our mittee on National Security, why have she will not tell us anything. In fact troops into harm’s way. not the bipartisan leaders of the Com- they met just yesterday. Why did they Right now we are sending young mittee on International Affairs been not release the report? troops and 117’s over to the Middle consulted in the current plans for this I am sure not one of the five Repub- lican Members of that Committee on East and no one has been briefed. The weekend? Perhaps it is that we do not Standards of Official Conduct will ever chairman of the Committee on Inter- have any plans, or perhaps those plans vote to release that report. All they national Relations, the chairman of have not been totally thought out. have to do is vote to release it and it the Committee on National Security, We, in this body, whether a member comes out. You and the public, Mem- the chairman of the Committee on Ap- of those appropriate committees or bers of theHouse, the media, every- propriations, even the majority leader not, have the right and the responsibil- body, will know what is in that report. has told me he has not been given a ity to know what situations our troops are being placed into, and in my opin- They do not want you and I or anybody briefing as to what is going on. This, ion based upon what I am seeing and else to know what is in that report. Mr. Speaker, is unacceptable. We need hearing that, in fact, is not occurring. Mrs. SCHROEDER. Mr. Speaker, will to know what is going on because we This is an issue, Mr. Speaker, that is the gentleman yield? are putting our troops in a situation going to be on the minds of the Amer- Mr. VOLKMER. Yes, and by the way, this weekend that could result in ac- ican people this weekend because right for the public’s edification, no Demo- tions, hostile actions against our peo- now our kids who fly those F–117’s are cratic member of the Committee on ple. gassing them up and fueling them up Standards of Official Conduct can tell I, for one, as a representative of for a 2-day flight to the Middle East. us what is in that report. The Commit- 600,000 constituents, I want to know There is not one Member in this body tee on Standards of Official Conduct, as what, in fact, my constituents are who has any idea of what they are a body, has to release it. So we cannot being subjected to in terms of this doing there. Are we going to be attack- find out from them— President’s operations. ing specific targets? Do we know if Mrs. SCHROEDER. If the gentleman b 1245 there is backup support being pro- will yield, one of the things that troubled me was I believe they are now try- Mr. Speaker, that has not been done. vided? What is our exit plan? Is our goal to go in and get Saddam Hussein ing to say, ‘‘Oh, well, this is not a re- I yield to my friend. port.’’ Mr. CHAMBLISS. I know the gen- or to go in after chemical weapons facilities? What we are going after? No Now I want to know what we spent tleman was a Member of this body back $500,000 for, for a hundred pages of with events leading, where at the time one knows. Mr. Speaker, we demand some an- paper, and they think they can escape events leading up to Desert Storm oc- swers. all the rules of this House by calling it curred. Can you tell us that President f something other than a report. It is a Bush did at that time as far as inform- very—what was this? Just kind of a ing the Members of this body what was MAKING CLOUDS GO AWAY gift to someone to go put some papers going on? The SPEAKER pro tempore. (Mr. together? I mean that does not make Mr. WELDON of Pennsylvania. The COOLEY of Oregon). Under a previous any sense to me at all. gentleman raises an excellent point order of theHouse, the gentleman from Mr. VOLKMER. I say it is a huge and one that we need to keep in mind. Missouri [Mr. VOLKMER] is recognized waste of taxpayer’s money to spend President Bush went to the United Na- for 5 minutes. $500,000 to have a very good attorney to tions six or seven consecutive times Mr. VOLKMER. Mr. Speaker, Mem- gather up all this evidence and give it and had the United Nations pass very bers of theHouse, this is a sad day for to the committee, which the commit- specific resolutions, and then he came me as a Member of this body having tee already had, and if it is not a re- to this body and allowed us to have a served here 20 years. You know, last port, then I do not know what it is, but vote, and I might add, by the way, just year when the ethics complaints were it is their way of getting out of releas- for the record, that I checked the being filed against the Speaker, I char- ing it. RECORD. The Speaker at the time, Mr. acterized what is happening to this That is all it amounts to. Foley, voted ‘‘no’’ against President House as there was a great cloud over Ms. DELAURO. If the gentleman will Bush; the majority leader at the time, this House and we needed to remove yield? If I might, there is precedent Mr. GEPHARDT, voted ‘‘no’’; Mr. BONIOR that cloud. That cloud has not been re- here for what we are talking about. All voted ‘‘no’’; all against the deployment moved; in fact, it has gotten darker. It you have to do is to go back a few and the support of our troops in the has done more to harm the image of years, and I just will read you two or Middle East as requested by President the U.S. House of Representatives than three quotes, and I will let you guess Bush. But that is OK. They are allowed any actions that have been taken on who said them. to do that. legislation. Now that report is secret. I do not My point is that we are not being Even though their Contract With know what is in it. I do not know of given that opportunity. Who knows America would have cut Medicare, anybody other than the committee H10352 CONGRESSIONAL RECORD — HOUSE September 12, 1996 members and Mr. Phalen who know of the United States again sending our being as supportive as it was, that the what is in it, except Mr. Wright’s law- young men and women into harm’s way whole coalition that was there initially yer, and I think that that report and without coming to the Congress and in Desert Storm is falling apart, that the backup documents have to be pub- saying after this 2-week period, ‘‘La- we cannot get that kind of support be- lished. dies and gentleman of the Congress, cause the action has not taken—we That was the then-Congressman this is what is going on, I need you to need to have those questions answered NEWT GINGRICH. know this, and I need your input into because these are our kids that this I cannot imagine going to the coun- this.’’ President is sending into harm’s way. try, tell them we have got a $1.6 mil- As I go home this weekend, I have 3 And believe me, Mr. Speaker, if there lion report, and by the way there is military bases in my district, I am are casualties over this weekend, we nothing in it, but you cannot see it. going to be asked by men and women, are going to demand to know why we This is exactly what we are talking not only military men and women, but were not consulted, and we are going to about. civilian men and women, ‘‘Tell me demand to know why we did not have Mr. VOLKMER. That is NEWT GING- about what is going on in Iraq.’’ compliance with the War Powers Act; RICH all over again. I am going to say, ‘‘Hey, you pick up why, in fact, we are going beyond the Ms. DELAURO. Clearly that report is the Atlanta Journal, you pick up the U.N. resolutions where unilaterally it going to have to be published. That is Macon telegraph, you will find out looks like the United States alone is right. The now-Speaker was right when what’s going on, and you’ll know just taking up this mission. These are ques- he spoke in 1989. That report, it is a re- as much as I know.’’ tions that FLOYD SPENCE and RON DEL- port by any other name is a report, There is something basically wrong LUMS and BEN GILMAN and ought to be published and the Members about that. LEEHAMILTON need to have answered of this House ought to know what is in The chairman of a very powerful sub- and should have been briefed on. it. More importantly, the American committee on the Committee on Na- But, Mr. Speaker, as of today, as the public ought to know what is in it. tional Security got up a minute ago gentleman pointed out, less than an Mr. VOLKMER. That is correct. Good and said that he knows nothing about hour ago in an arms national security or bad, whatever. The public is entitled this. He is the gentleman that is re- markup meeting when I asked the to know. sponsible for the research and develop- chairman very directly, ‘‘Mr. Chair- Mr. KLINK. If the gentleman will ment of the weapons that are being man, have you at all been briefed on yield, our friend and colleague, the sent to Iraq today. He has no idea what is going on’’; he said, ‘‘No, I will gentleman from Florida, PORTER GOSS, whether what he has been working on be coming out with a statement and a was on the floor a few moments ago, for the last several years by being a letter shortly, today or tomorrow, ex- and he talked about the fact that the member of the Committee on National pressing my concern on this issue.’’ Committee on Standards of Official Security is the right thing to do. He Mr. Speaker, we are talking about Conduct’s investigation in the system knows nothing, nobody in this Con- American kids. We are not talking was broken, and I would suggest to my gress knows anything about what is about some far-off. We are talking colleagues on the other side of the going on. about our kids that are now being put aisle, let us fix it in a bipartisan man- I do not think we are asking a whole on alert status to be sent over into a ner. Let us not make a difference in lot of the President to say, ‘‘Mr. Presi- hostile environment where we know this House of Representatives whether dent, please come to us and just tell us this madman is out to get them, and if the Speaker is a Democrat or a Repub- what’s going on. Why are you sending this President wants us to get behind lican, he would be treated differently. I our men and women into harm’s way? him, then he better make that case to think we need to send some sunshine What should we tell our constituents us. on this House to make those shadows out there as to why we are supporting We will support the troops, no doubt and those clouds go away. you?’’ And it is a very crucial question about that. The question is, will we f on a very crucial issue that I simply do support the President, and that re- not understand why we are not being mains to be seen based upon what the ANSWER OUR QUESTIONS, MR. advised on, and I yield to my friend plan is. None of us know what the plan PRESIDENT from Pennsylvania. is. We read about it every day and not The SPEAKER pro tempore. Under a Mr. WELDON of Pennsylvania. Mr. only hear about it from the news an- previous order of theHouse, the gen- Speaker, I thank my friend for yield- nouncement by a man named McCurry. tleman from Georgia [Mr. CHAMBLISS] ing, and I commend him for his leader- He is not the President of the United is recognized for 5 minutes. ship on armed services issues. He has States, and he is not charged with the Mr. CHAMBLISS. Mr. Speaker, you been one of our brightest stars on the responsibility of briefing us. know there is something going on here committee this year, and we appreciate f that I simply do not understand. A cou- that. ple weeks ago when the President took The issue here, Mr. Speaker, is we HURRICANE FRAN the action that he took to counteract supported I publicly supported, Presi- Mr. WISE. Mr. Speaker, I ask unani- the action of Saddam Hussein and Iraq, dent Clinton when he said we were mous consent to address theHouse for 5 I came out immediately in strong sup- going to send our troops to take action minutes. port of the action that the President because of the situation with the The SPEAKER pro tempore. Is there took. I think the President did the Kurds. But then, Mr. Speaker, we heard objection to the request of the gen- right thing. There is not time in an that the first strikes were not success- tleman from West Virginia? emergency situation like that for the ful, that some of the cruise missiles Mr. DORNAN. Mr. Speaker, reserving President to come to Congress and say, were off by as much as 500 miles. We the right to object, and of course I will ‘‘Hey, this is going on, this is what I were not given a specific briefing on not object, I do not know what hap- want to do, can I do it, should I do it?’’ that. I sat through the limited briefing pened earlier where 1 minute was cut That is his decision to make. He made that occurred last week, but then a off for the Members of the minority. I that decision; the American people second wave of a attacks occurred, and was a minority Member for 18 years. I fully support that. we were told that was a mop-up oper- just think 1 minute and 5 minutes, and But now we are 2 weeks after the ation. 60 minutes can go on all night, and I fact. We are 2 weeks into a crisis situa- By now, day by day, hour by hour, did not vote for that midnight cutoff. tion in the Middle Eastern part of this new information comes out, Mr. Speak- But I just wondered if we have a long world, a very dangerous part of the er, that we have no idea what is going series of 5 minutes who were not re- world and a part of the world in which on. It is all from the news media that corded or requesting a 5-minute speech we already had sacrifices back 3 or 4 we are now sending 8 or 10 F–117’s over, today so I know how much time I have years ago. It is a part of the world that that we are redeploying some other before my special order, because I am we have got to keep our pulse on, and troops, that we are now putting in Ku- the first with a 60-minute special order what we are into now is the President wait, that perhaps Saudi Arabia is not today. September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10353 Could I inquire of my colleagues how as a number of others across the east sible, to bring stability back to peo- many 5 minutes they are going to ask? coast, are now in a federally declared ple’s lives; the contractor in Hardy The SPEAKER pro tempore. The disaster area. County who worked himself to exhaus- Chair cannot predict how many 5 min- People should know, Mr. Speaker, tion and a trip to the hospital trying to utes are going to be coming up. The that this means that the full range of shore up the levee to make sure that Chair would intend to extend courtesy Federal Emergency Management Agen- damage was minimized. to all Members on the floor to request cy programs are available today as we So many tales: Other contractors do- 5 minutes. speak to the residents of all those de- nating equipment throughout the area Mr. DORNAN. Well believe me, a ro- clared counties. So what I have encour- to help try and stave off the damage bust, wide open, freewheeling debate in aged my constituents to do is imme- caused by the flooding; theHampshire the world’s greatest legislature, I will diately to call the toll free number, the County junior high students who went not object to any unanimous-consent FEMA, Federal Emergency Manage- door-to-door taking water to people. request. ment Agency toll-free number of 1–800– Mr. Speaker, there are so many tales Mr. Speaker, I withdraw my reserva- 462–9029, because they can begin the ap- that relate, once again, how people pull tion of objection. plication process right now, Mr. Speak- together in the best spirit of West Vir- The SPEAKER pro tempore. Is there er. They can start that going. They do ginians. objection to the request of the gen- not have to wait to speak to anybody We have another digging out to do, tleman from West Virginia. personally. Mr. Speaker, but happily, FEMA has There was no objection. Also, Mr. Speaker, I have gotten a lot responded quickly, and now what I urge people to do is to take advantage b 1300 of questions about, well, if I were in a flood before, and we have had four now of that, even if they have another The SPEAKER pro tempore. The gen- in West Virginia in the last 9 months, claim in from a previous flood, and we tleman from West Virginia [Mr. WISE] if I was in a disaster area during the have had far too many this year in our is recognized for 5 minutes. last year, do I file again? And the an- State, but even if they have a claim in, CONCERNS REGARDING IRAQ swer, Mr. Speaker, is yes. Anyone who they need to call, Mr. Speaker, that Mr. WISE. Mr. Speaker, I am going was hit by Fran in West Virginia is in toll-free number of 1–800–462–9029 and to speak about Hurricane Fran, but I one of the declared disaster counties begin that process of digging out. want to take just a moment to address needs to call that toll-free number, f some of the concerns that have been once again identify themselves, the UNITED STATES REACTION TO addressed concerning Iraq. county they are in, and begin imme- ACTIONS IN IRAQ I happen to be one of the most ardent diately to receive that assistance. The SPEAKER pro tempore. Under a supporters of the War Powers Act. I The Federal Emergency Management previous order of theHouse, the gen- have been frustrated that Presidents of Agency is going to be offering, Mr. tleman from Missouri [Mr. TALENT] is both parties have disregarded it in Speaker, the same assistance as in past recognized for 60 minutes. years past. Be that as it may, I think floods: disaster housing assistance for this situation that the President is in Mr. TALENT. Mr. Speaker, I wanted those who need it, special crisis coun- to address briefly the incidence and is difficult enough already. seling for those with special needs, un- I note with interest that a previous pattern of behavior with regard to our employment assistance to those who reaction to Saddam Hussein’s latest ac- speaker talked about President Bush have been put out of work by the flood- tions in Iraq, and I want to preface it going to the United Nations six or ing, special loans for homeowners, by saying that I have defended the seven times. That is true. There was a renters, and business owners to repair President’s decisions in Missouri with vote in Congress. That was over a 6- or replace damaged property, tax as- my constituents. I think it is impor- month period, as we slowly built troops sistance through programs from the tant, given the history we have had up to a 500,000 person level. IRS, the State and local governments. with Saddam Hussein, to show him In this case, we have surface-to-air This is crucial, Mr. Speaker, that peo- that the action we clearly regard as ag- missiles winging at our airplanes dur- ple begin this process now. gressive and the world regards as aging the last couple of days. We have It is likely that FEMA will set up gressive not be something he can get Saddam Hussein drawing direct provo- throughout the State of West Virginia away with easily. cations, lines in the sands. I do not re- several disaster relief centers where This is the kind of person who keeps member, in the case of an immediate people can walk in and receive personal pushing and keeps pushing until he is action, I do not remember President assistance. I urge, though, Mr. Speak- stopped. it is better to try to stop him, Bush or President Reagan coming to er, that people not wait for that, but to stop him at the early stages, rather Congress to announce in advance the call that toll-free number. than to wait until you have some kind details of how they are going to invade There is something else constituents of a general conflagration. Grenada, perform the air raid on Libya, can do as well, Mr. Speaker. That is, if I felt the President was right in re- or invade Panama, all actions which they have suffered damage and they sponding. I did not want to second- received bipartisan support. I suggest have a lot of debris, they should docu- guess the particular tactics that he that may be the reason Congress has ment that damage as much as possible chose. However, I think it is also im- not received a full briefing today on through photographs, videotaping, portant to be sensitive now to the the details about what probably will be whatever means possible. In some kinds of concerns that my friend, the upcoming military action in Iraq. cases, the National Guard is going to gentleman from Pennsylvania [Mr. Later on, of course, there does need have to pick that debris up, or others WELDON] raised with regard to the fact to be full explanation. I, too, watch will have to pick that debris up and get that we are no longer dealing with a with concern, as much as anyone else. it out of the way, so it is important to single response to a single incident. I also know the Commander in Chief document that. We are now dealing with a chain of needs some flexibility. Mr. Speaker, there have been an in- responses, an ongoing pattern of behav- Mr. Speaker, I want to talk about credible number of sagas of heroism ior, and a policy that is being devel- Hurricane Fran because, Mr. Speaker, during the last few days. You cannot oped, a policy that involves ongoing as that storm has devastated so much say enough about the National Guard, and perhaps intermittent but ongoing of our east coast, as it certainly has the Red Cross, the Salvation Army, the military strikes. Even apart from the eight counties, actually more than volunteer fire departments, the emer- legalities of the War Powers Act, it that, a number of counties in West Vir- gency services operations, both State- would, it seems to me, to be both pru- ginia. Governor Caperton requested a and county-wide. dent and, as a matter of comity, an im- disaster assistance declaration from There are so many tales of heroism: portant thing for the President to con- President Clinton. I backed up that re- The elementary school principal in sult at least with the bipartisan leader- quest. I am happy to say the Moorefield, who came beseeching the ship. WhiteHouse acted immediately. Now Governor to get her school back up and My understanding is that this has eight counties in West Virginia, as well running so they lost as few days as pos- not been done. The longer this goes on, H10354 CONGRESSIONAL RECORD — HOUSE September 12, 1996 the more questions are going to be stitutionally for this Congress to be in- what all the problems are in getting raised about it, the more important it volved in, and that has not occurred. cooperation with our allies, but that will be to have unity within the Con- I thank my friend for yielding. has always been a problem. gress and the country as a whole. Mr. TALENT. It leads me to wonder, I remember a few years ago when I do not understand, completely Mr. Speaker. I think there would be they wanted to close the Persian Gulf, apart from the politics, completely very strong support on both sides of they threatened to close the Persian apart from the War Powers Act, I do the aisle for any plausible plan to re- Gulf, the Iranians. We could not get not understand why the President spond on an ongoing and consistent permission from the Saudis to even would not want at least on a quiet basis to the depredations by Saddam fuel in their ports, but we went and basis to be consulting and informing Hussein. I know I would be very recep- unilaterally, unilaterally kept the Per- the bipartisan leadership of the Con- tive to that. sian Gulf open because it was a source gress better than he has. It would, it I repeat, I have been defending the of oil for the free world. seems to me, be a prudent thing to do. President. I wondered at the time when So to get into politics on something Mr. WELDON. Mr. Speaker, will the this was occurring why the press was that is as sensitive as the situation in gentleman yield? so interested in my comments back Iraq in my view goes beyond the politi- Mr. TALENT. I yield to the gen- home. I think it was because, here I cal arena. tleman from Pennsylvania. was a Republican defending what the LAUDING FEMA’S RESPONSIVENESS IN RECENT Mr. WELDON. Mr. Speaker, I thank President was doing, but I thought his NATIONAL CRISES my colleague and friend for yielding to response was very appropriate. Mr. HEFNER. A couple of other me. If we are having difficulty getting things I would just like to mention Let me just state, in response to the the Saudis to go along, we know we here on my time. I would like to con- previous gentleman who spoke, nobody have had difficulty getting the Euro- gratulate and thank a government questions the United States responding peans to go along, all the more impor- agency. They do not get many pats on to air strikes against our planes pro- tant that we be consulted here, and the back. But FEMA has been one of tecting the no-fly zones. No one is that we be able to act in a united way the most responsive agencies in my questioning that. between the executive and legislative memory, not only because North Caro- We are not asking the President to branches. lina was hit so hard with Fran, but all come in. That was an original, original I am not saying this, inviting the across this country, in Oklahoma and action as a result of the U.N. resolu- President to come in, so we can step on all over this country, FEMA has really tions that were passed and the coopera- what he is trying to do. I think prob- been an exemplary agency of the Fed- tive nations supporting our action ably we would be supportive if it was a eral Government. I think we owe them agreed to establish no-fly zones. No one reasonable plan. But if he does not do a real salute because of the great work in this body is questioning whether or that then certainly he exposes himself they have done. not we can respond if the Iraqis fire to the criticisms. One other area I would just like to missiles at our planes protecting those f touch on. I do not want to get into the no-fly zones. But that is not what we business of being hostile, but I remem- are talking about now. MEMBERS SHOULD NOT BRING ber many years ago in this House when First of all, even though those no-fly POLITICS INTO SENSITIVE FOR- Jim Wright was Speaker, on a daily zones were a result of the U.N. resolu- EIGN POLICY DECISIONS basis in this well Special Counsel was tions, they have now been changed. The SPEAKER pro tempore. Under a called for, and the now Speaker of The definition lines have been ex- previous order of theHouse, the gen- theHouse, on a daily basis was in this panded. Now we are sending over F– tleman from North Carolina [Mr. HEF- well making accusations and saying 117’s for other strikes, for deep-strike NER] is recognized for 5 minutes. this was the most corrupt Speaker in bombing strikes. We do not know what Mr. HEFNER. Mr. Speaker, I have the history of this Congress, calling for this new mission is because it was not served for many years on the Commit- a Special Counsel and special inves- in the original U.N. resolutions, which tee on Appropriations. It is interesting tigations. is the reason why we are there in the to come here and see history rewritten, We got to the bottom of all of these first place. history changed. things, the book deals and what have The point we are making, Mr. Speak- I remember many years ago when, you, and we voted. Even Democrats deer, is we have a whole new set of issues and the gentleman just made a state- fected, we did not stonewall. We voted now that appear to not even be consist- ment, and certainly I do not want to to support a full investigation. We ent with the U.N. resolutions, appear see the blood of one American boy lost, voted when that investigation was fin- to be far beyond the original mission made the statement if we lose one per- ished to bring it before this body. that was a multinational effort, and son, we are going to hold the President We have spent $500,000 for the Inde- which the Congress has not been con- of the United States accountable. We pendent Counsel to go out and sup- sulted on. The urgency is that as we lost 240 people in Lebanon to a terror- posedly to interview people and get at adjourn today, this weekend our young ist strike, and we did not hold Presi- the facts. I think the thing that both- pilots are flying F–117’s over, to appar- dent Reagan responsible for this, be- ers me is, I do not know what tran- ently be based in Kuwait. I think we cause we thought he was working in spired before he went in and began to should at least know that. the best interests of the United States. talk to these people in different insti- I am a strong supporter and friend But we have had the Republicans ab- tutions. What bothers me, I guess, and and defender of Kuwait, but I would solutely not supporting the situation I do not know and I am not making an like to know if that, in fact, is the in Bosnia, which is an uneasy peace, accusation, but if his instructions case, and if they are in Kuwait, is this but there is peace in Bosnia now. There were, you go and interview these peo- going to be their base of action? If they are not grandmothers that are being ple, find out what the facts are, but are there, why are they not placed in shot and children shot, they are going you do not draw any conclusions, you one of the airfields we are currently in- back to school. In Haiti, they opposed do not make any suggestions, you just volved in in Saudi Arabia? Is it be- the mission in Haiti, and so far it has get the information and you put it in cause, as the media are saying, that not been perfect, but it is working. this document and you bring it back the Saudis have turned us down? None This is, in my view, politics at its and give it to us and we will decide, if of these questions have been answered. crassest, and to me, it is unbecoming of that is the case, if that be the case, in Mr. Speaker, mark my words, if there this body. Certainly Saddam has to be my view that is an absolute tame dog is a casualty of an American, we are the most ruthless dictator in the his- with no teeth, and it is it is an absolute going to hold this President account- tory of mankind, that would rank right travesty. able. We are talking about our kids. We along with Genghis Khan and people of It seems to me that the American are not trying to disrupt what the that stripe. And certainly the Presi- people need an explanation. President wants to do or interrupt his dent of the United States has an awe- I would think that the Speaker of foreign policy. But there is a role con- some responsibility. I do not know this House would like for his name, his September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10355 good name and his reputation to be understanding is still pending before was still in prison, and I was testifying, cleared. I would think that he would the Ethics Committee, or perhaps to do not end Vietnam the way we ended want us to bring this 100-page docu- my understanding there was an ethics Korea. And we did. More controversy, ment to this House, let us read it, and case, maybe it has been resolved, more conspiracy theories, more men if he has done nothing wrong, we will against the gentleman from Missouri left behind, certainly in Laos for sure. be done with it, and the 1st of Novem- [Mr. GEPHARDT]. But we did not choose And as I said today in our Committee ber he can go back to his district and to do that because we play by the rules on National Security room, with all say, folks, I have been persecuted, they and we know that, in fact, as a Member those battle streamers on our 4 serv- have investigated me, and they have of this institution, any matter cur- ices’ flags, including the Coast Guard, found nothing wrong. I stand before rently pending before the Ethics Com- our 5 services’ flags, we left hundreds you here in Georgia as a pure Speaker. mittee is not to be discussed because behind in Korea, so I thank the gen- I have done nothing wrong. I want you the Ethics Committee is totally bipar- tleman. It was H.R. 4000. to vote for me because I have been tisan, equal numbers of Democrats and Now comes the tricky part. That is, doing the things you want me to do. Republicans, and until it is ultimately we have 2 weeks, maybe 3 if we do not But there is going to be a cloud over resolved and brought to a recommenda- get out on Friday the 27th, to find a ve- this, because it is not going to go tion of this body, we are not supposed hicle, an appropriations continuing res- away. There is a 100-page document to respond. olution, which was used as a vehicle to that languishes in the Ethics Commit- So we could have done the same destroy my proper and fair HIV public tee. We have paid $500,000 of taxpayers’ thing. We could have got up here and law, signed the same day as all this money, and it needs to be released and laid out all the facts on the Bonior al- POW–MIA protective laws. Clinton clear the air on this issue. legations and all the facts about the signed it February 10. f Gephardt allegations, but we did not Why we are stripping it out of law, choose to do that. We choose to just let because of one friend of ours who wants b 1315 them vent their frustrations, if you to put all of Vietnam behind us, nor- SCANDALS IN CLINTON will, because of their concern of Speak- malize relations, trade, most-favored- ADMINISTRATION er GINGRICH’s impact on revolutioniz- nation status, forget the wounds of ing this country. The SPEAKER pro tempore (Mr. war, everybody is full of baloney, there So if, Mr. Speaker, there are those are no traces of people left behind, COOLEY). Under the Speaker’s an- who think that we were not prepared to nounced policy of May 12, 1995, the gen- when this good friend knows absolutely respond, that is why, because we, in zilch about Laos or Cambodia and did tleman from California [Mr. DORNAN] is fact, are abiding by the rules of recognized for 60 minutes as the des- not have the full picture on Vietnam. theHouse. Just to further respond and A hero, an 8-victory jet ace, severely ignee of the majority leader. thank my good friend and colleague Mr. DORNAN. Mr. Speaker, before I tortured, Robbie Reisner, came home who has been a leader in this body, I with the same opinions: We are all begin my special order, which is on the want to commend him for today pass- multiple and expanding scandals of this home. On the tap code we learned ing one of the most historic and most about everybody here. And he reversed administration, I yield to the gen- important bills that this institution tleman from Pennsylvania [Mr. himself and said, ‘‘I don’t know any- will pass in this session, and that is thing about Laos and Cambodia,’’ and WELDON], my wing man who sits in the how POW Accountability Act, which senior position to my left on the Com- now I have no proof that there was not the gentleman from California [Mr. a second prison system, small, hidden, mittee on National Security, for a few DORNAN] has worked on diligently for more thoughts upon the constitutional underground, shipping people to the how many years? Soviet Union as they shipped people crisis we are working our way through Mr. DORNAN. Obviously, I thank the from Korea to the Soviet Union, for this very day, where Mr. Clinton has gentleman for bringing it up. frozen out 100 elected Senators and 434, Mr. WELDON of Pennsylvania. How sure. with Bill Emerson in heaven, elected many years have you worked on this Mr. WELDON of Pennsylvania. Your Representatives. I yield to the distin- issue? bill today, if I am not mistaken, passed guished gentleman from Pennsylvania. Mr. DORNAN. I started, believe it or with a unanimous vote. As you very Mr. WELDON of Pennsylvania. I not, when I was 19 years old, when I eloquently put it, you were the author thank my friend and colleague for joined the Air Force. And while I was and the prime mover of this, but you yielding. I want to start off by just waiting to go to pilot training in July had strong support from your ranking making one statement at the beginning 1953, I had just turned 20 by then, I member, OWEN PICKETT, and you also here because, Mr. Speaker, while we joined when I was 19 in October 1952. I did your legislation in total consult cannot directly speak to those people served basic, waiting at Williams Air with, as you said, one of our most re- who may be watching this at home, I Force Base to go. And an Army psy- spected former POW’s, PETE PETERSON. can speak to you, Mr. Speaker. I can chiatrist who had interviewed all the Mr. DORNAN. And with SAM JOHN- repeat what is, in fact, the case. men coming back from Korea, the first SON. As you know, I objected from a par- waves who had been brainwashed, tor- Mr. WELDON of Pennsylvania. And liamentary standpoint to our col- tured is the proper word, and broken, with SAM JOHNSON from this body, an- leagues who for the past hour or so and given confessions, 21 were still sit- other POW. And you are to be com- have been raising questions about the ting in China, young high school drop- mended for that because you have ethics case of Speaker GINGRICH. The out enlisted kids. One committed sui- righted a terrible wrong in letting reason I raise those, as you pointed cide. All 20 saw the error of their ways, those families know that we are going out, Mr. Speaker, is we are not allowed came home, our country forgave them. to continue to persevere to force a full to discuss an open ethics case in this But I started then. But legislatively I accounting and to force a full assess- body until it is concluded. have spent 31 years, since my best ment and to have a process in place to The problem is that they can keep friend David Hurdlica was shot down. make sure that what happened in speaking. I have to sit here and every His wife Carol testified yesterday, my Korea and what happened in Vietnam minute raise the objection again, and wife’s best friend. We were neighbors, never happens again in this country. I you would warn them, and that would bridge partners. I checked him out in commend you for that action. I wanted just go back and forth all night. So we the F–100 HUN, the Super Sabre. For 31 to mention that today. I know that is just sit down and let them speak. years my interest has been intense. not the subject of your special order But I just want, Mr. Speaker, to re- If I may say so, I won the Mendel but so that all of those troops and all mind everyone, including our col- Rivers award by testifying in that com- of those families across the country leagues, that we could have sat here mittee room today. I thought about it know that it was Chairman BOB DOR- and we could have discussed the ethics and thought, well, do not mention it. NAN who has been diligent and tireless case against the gentleman from That was the summer of 1971. PETE PE- in this effort to make sure that they Michigan [Mr. BONIOR], which to my TERSON, who was sitting in the room, are not forgotten. H10356 CONGRESSIONAL RECORD — HOUSE September 12, 1996 Just before I let you complete you responsibility of this House, to decide Presidential choice, we will make that special order on what I think is an out- when American men and women go and vow to do that the first or second day rageous topic but one that needs to be die in the alleys of Mogadishu, Soma- we are sworn in. aired, I just want to say that I hope lia; or Haiti or Bosnia or in the skies Mr. WELDON of Pennsylvania. I ac- you will join me in requesting answers over Iraq. God forbid if they get their cept the gentleman’s challenge. I will from this administration on what our hands on some female fighter pilot in be happy to do those special orders plans are the in Middle East, what our this conflict. We have got to resolve with him. As the gentleman has point- game plan is, what our strategy is. Are that, because even if it is President ed out, I hope it is under a Dole admin- we, in fact, letting Saddam suck us Dole, although Bob did not want troops istration but we will do it under any into a tar pit where we are going to to go into Bosnia, he said to me, administration, God willing, we come lose additional lives, where we are not backed up by our colleague Vin back. One quick final statement, Mr. going to have a clear way to get out? Webber, who I served 10 great years DORNAN, and I know you will agree Why are we not getting the kind of with here, that Clinton had the right to with me. Why do we raise this issue as support from our allies? Why is the put them in there without the author- we are about to adjourn today for the President not consulting with the lead- ity of Congress, a Desert Storm type weekend, and why would the Demo- ership of this body, both Republicans debate which I am going to open with crats characterize this as politics? It is and Democrats, because it is not an ur- because all the people objecting to not politics. In fact, what is our great- gent situation. He could have called what you were saying today all voted est concern, in the 4 years that I have them today. He could have come back against, some of them voted against served here under a Clinton adminis- from his campaigning. We are talking the sanctions, at least my pal ELIOT tration, I think back to that out- about kids’ lives. Kids’ lives are more ENGEL voted for the sanctions, all the rageous moment when we were called important than campaigning out in rest voted against the sanctions, let down to the basement of this building California. If he is going to deploy alone taking hostile, aggressive, offen- for a briefing—and the gentleman was them, he has a responsibility to let the sive combat action. We are going to there—by Warren Christopher and Les intelligence leadership know, the lead- have to discuss these authorities, be- Aspin, giving us a summary of what ership from both parties’ standpoint, cause Senator Dole, then the leader, was occurring in Somalia. And there and the various committees, because said, ‘‘Well, I don’t want them there in were a number of Senators, I think we are the ones who have to answer Bosnia but he’s got the right to send there were over 300 of us all total in when we go back home to our constitu- them there.’’ this one room and they said to us, ask- ents, who have kids in the service, Thomas Jefferson, our third Presi- ing us a question. ‘‘What do we do what is going on. I can tell you, I am dent, the one Kennedy said that when next?’’ They had no clear policy. And frustrated. I go home, last weekend, I he had about 15 Nobel, Pulitzer Prize we had just lost 19 brave young Ameri- do not know what is happening, as a winners, ‘‘This is the most intellect in cans. When we finally got to the an- senior member of the security commit- the WhiteHouse except for when Thom- swers of why we lost those 19 brave tee, I have no idea what is going on as Jefferson dined alone.’’ If Jefferson young Americans, we were told that with this President and that is out- was that smart, we should listen to the commanding officer in Somalia had rageous. him when he said, I have no authority requested additional backup about a I thank my colleague and friend for as President, talking about Barbary pi- month before for his troops. He said he yielding. I wish him well in his delib- rates, it is in the MarineHymn, shores could not handle the situation. He was erations this evening as he does a serv- of Tripoli, I have no authority as Presi- denied that request. And when Les ice for this country with his report. dent under the Constitution to do any- Aspin was asked why he was denied Mr. DORNAN. Stay in the well just thing except respond to direct attack that request, his answer was that he one more second in this colloquy. Let defensively, is what he meant, I cannot though there was not the appropriate us make a pact now as colleagues, be- send offensive action anywhere unless political climate in this city to support cause you are the leader on defending Congress orders me to. And we ordered the backup support for those troops. the American homeland from one or his predecessor Adams, we ordered him, several or any number of missile at- we ordered his successor James Madi- b tacks, nonpareil, as the French would son, Monroe, 10 times this House said, 1330 say, without parallel, on both sides of ‘‘go get them,’’ referring to the pirates Mr. Speaker, that is the only time in the aisle, you are the leader. Let us and brigands and cutthroats interrupt- the 10 years I have been here that I make a pact that if, God willing and ing commerce in the Mediterranean. have ever heard that we imposed a po- the wisdom of the voters sustaining us Now we have had a 6th Fleet there litical decision on how to support and in our chairmanships on the election, since World War II and we have got a deploy American troops. It may have which is 56 days away tomorrow, if we 7th Fleet in the Pacific and it is still happened before I got here, whether it come back, whether it is President this Congress and you and I as chair- was Vietnam or Lebanon ow whatever, Dole—please, Lord—or President Clin- men, you as chairman of Readiness and but it is the only time in the 10 years ton, that we will do a special order, if Defense, DUNCAN HUNTER of Acquisi- that I have been here that a political the first ceremonial day is too much tion/Procurement, HERB BATEMAN of decision dealt with by this administra- family and friends or if Mr. NEWT, our Virginia on Readiness, HEFLEY to my tion caused indirectly or directly the still Speaker and wants a day of ac- right on Installations and me on Mili- loss of 19 young American lives. tion, on the next day, we will do back- tary Personnel, how we pay them, how Mr. Speaker, we could not even go to-back special orders. One on the 105th we clothe them, how we feed them, the into Mogadishu and pull those bodies Congress’ responsibility to not only quality of life, the recruitment prob- out when they were being massacred. have theater missile defense for our lem, the retention, the hollowing out The reason why we are raising this men and women in the field and our al- problem, all of FLOYD SPENCE, our issue today is we are not going to let lies but that we will get to the job of great chairman, his five marshals—you this President repeat what happened in defending the homeland of this coun- can think of us as sphere marshals or Somalia. We are going to demand that try, even the big cities on the coasts, western marshals—we are his gunsels this Congress play its rightful role like Los Angeles and New York City in this House and likewise five mar- under the Constitution, under the War where I was born. I will help you with shals under STROM THURMOND in the Powers Act, in having consultations on that. Senate to decide when our men and what our plans are, to make sure we Then you help me with a special women—our kids as you call them—go are giving adequate backup. order. We will crank in our professor, into combat. So we will do those 2-hour If this President thinks we should STEVEHORN, get a moderate Republican special orders and we will set the tone take some action, maybe it is to go in voice, and start to talk about Lou and resolve in the 105th Congress no and get Saddam. Then he needs to sell Fisher, the professor and scholar, sen- matter which one of the Presidents that plan to the American people and ior scholar at the Library of Congress, prevail, Lord knows, it may be Presi- the Congress, and not allow this to go about the constitutional authority, the dent Perot with his excellent Vice day by day, step by step, into a bigger September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10357 and bigger conflict, and then all of a woman in uniform, when he is so far to the Secretary General, Dag Ham- sudden next week we are into a whole- from home, is the thought that he is marskjold. Since it took me so long to sale war and the Members of Congress being supported by those for whom he get these records, and so that other all of a sudden stand up and say, hey, is fighting. We in the United Nations, people will not have that same prob- what happened here. How did we get in of course by extension, America, can- lem, I will placeHenry Cabot Lodge’s this mess. not let these men down. They are Unit- remarks and letters, starting from We are saying up front now we are ed Nations men. They were sent to these U.N. documents, in today’s putting the administration on notice Korea in response to a request from the RECORD, on the 12th of September, 1996. that we want to know the justification United Nations. Well, Harry Truman Now, Mr. Speaker, I am entering that under the U.N. resolutions. We want to may have gotten ahead of the propo- period that 4 years ago started a series know we were in compliance with the sition there, but our troops were being of discussions by me on theHouse floor, War Powers Act. We want to know overrun, the Tropic Lightning Division that then Governor and candidate Bill what the ultimate game plan here is. Is out of Hawaii and the 24th Division, Clinton was not being candid with the it just a short-sighted, 1-day plan? Or rather, were being overrun, hundreds of American people on all the scandals in fact is there a long-term scheme to men being taken prisoner in June and that were swirling around him, scan- go in and do something else besides en- July of 1950. dals of a personal character nature, force the U.N. resolutions that were I had just graduated from high scandals which have come to be called passed when President Bush was in of- school. I could not believe what I was Whitewater, that was broken way back fice? reading and seeing on the news in that in March 8, 1992, by no less a journal I thank my colleague and friend for we had just won the Second World War than America’s wealthiest paper, the yielding and wish him well in his spe- 5 short years before against Tojo and New York Times, and all of the other cial order. Mussolini and Adolph Hitler and Sta- financial chicanery in a one-party city, Mr. DORNAN. I thank the very, very lin. We had found out they kept killing putting a cloud over a whole great distinguished gentleman from the and held back United States prisoners, State that is as good as any other great Commonwealth of Pennsylvania. those with the misfortune to have a State. But Little Rock was a cesspool What Mr. WELDON brought up that Ukrainian, Russian, or any type of of intrigue because of one party rule happened in the national security room Slavic or Polish last name. ever since the tragic War Between the today, the reason we got a unanimous Henry Cabot Lodge continues, States, the Civil War. vote and six Democratic Members on For these reasons, the United States be- I was joined on the second or third the spot joined my bill, H.R. 4000, as lieves that the proposed item before the UN night by DUNCAN HUNTER, and then the cosponsors, was I opened by reading a agenda, placed on the agenda, that the Unit- next night by 7-year POW combat air letter, a speech, that I have been try- ed Nations should act promptly and with de- combat veteran of both Korea and termination to bring about the release of the Vietnam, SAM JOHNSON, who spent as ing to get my hands on for years that 11 airmen and all other captured military Henry Cabot Lodge, then the perma- long in solitary confinement in his 7- personnel of the United Nations command year captivity in Hanoi, spent half of nent U.S. representative with ambassa- who are still detained. dorial title to the United Nations, de- that, longer than World War II’s total We got back in June 1955 an F–84 course for the United States of Amer- livered in New York on December 4, Thunderjet fighter and 3 F–86 Saber Jet 1954. I had just had my last flight in a ica, he spent in solitary confinement pilots, and 11 of the 13 crew-members of for being what they called F–80 or T–33 jet in pilot training, then Jack Arnold’s B–29 shot down over ‘‘uneducable,’’ a hard head, a resistor, ahead of time had to wait a long, ago- North Korea, dropping leaflets, but the what I call being a patriot, living up to nizing week’s period to get my wings whole crew was taken around the Ko- the code of conduct. on February 7. rean Gulf and taken to China, all the Then we were joined by the only aer- That was a Republican House then, way to Beijing. They kept the two ial ace from World War I, there were no Republican Senate. It was Eisen- radio men and executed them, or they aces before World War I, or World War hower’s second year. We had just lost are rotting as men in their late sixties II or Korea, the only ace to ever serve theHouse in an election, just less than and seventies today in China, they in this House or the other Chamber, a month before. Henry Cabot Lodge got kept back the two radar men who could DUKE CUNNINGHAM. up and said these words. I think this is pinpoint they were over North Korea, After awhile I referred to us as Tiger why it carried. DUNCAN HUNTER asked not invading China, which had invaded Flight, using SAM JOHNSON’s call sign for a recorded vote anyway, and I think North Korea to support the Communist in Vietnam, which amazingly he also this is why it carried unanimously. To cause that they had instigated in that used in Korea, Tiger Flight. Tiger keep until public law everything I whole terrible war, that caused mil- Flight went right down to the wire into fought for for 20 years here, in general- lions of Koreans to die. They held back October, trying to get at the truth ities, and specifically for the last 3 40,000 ROK forces, Republic of Korea about Mr. Clinton’s political career. years, dotting the law, signed by Clin- forces, and 10,000 may be alive today Since then, the news media is always ton February 10 of this year, 1996. And still in North Korea. intrigued with this, Secret Service it was stripped out at 11:52 at night Mr. Lodge says the Soviet represent- agents have told me that they have without a phone call to me to join the ative, Jacob A. Mallek, by the way, been in the Roosevelt Room when my conference and fight for it. talks about confessions which had been name has come up. My pal that I Here is what Ambassador Lodge said obtained from American personnel, and served with here for years, Norm Pa- to the United Nations: Mr. President, that, let me say, is no new story here. netta, has gotten a little rough in his referring to whoever was in the chair Last year we demonstrated the way in language, and the President goes into at the United Nations Building at the which false confessions were extracted one of his volcanic eruptions, Mr. Clin- East River, it is an immemorial prin- from U.N. military personnel, what can ton does, when he hears my name. ciple of human decency that a family only be described as torture. I had a newspaper guy from the Or- looks after its own members. A nation I skip forward. ange County Register call and ask me must also look after its own if it is to We produced last year films showing to give him the names of the Secret continue to be a nation. And the Unit- some of the young Americans making Service agents. One stopped me at a ed Nations must show an equal interest these confessions from the Communist church in Virginia and one stopped me in these men who by their personal ef- film that they took, and then showing at a church in the DC area, to ask for fort sought to repel an aggression the same man getting off the boat in an autographed picture no less. No, I which this United Nations itself was San Francisco saying he had been tor- am not going to give the names. Then opposing. tured into making these so-called con- they called the Secret Service and said, We did 98 percent of the fighting. You fessions. ‘‘Which of your agents have been talk- know that because you were on active He uses the term ‘‘brainwashing,’’ ing to Congressman BOB DORNAN say- duty then, Mr. Speaker, pro tempore. which was a fairly new term then. ing unkind things about Mr. Clinton?’’ The thing that sustains the man in Then he goes on with letters I have Where do we get these reporters? I uniform, and now we would have to say gotten hold of, to write on December 7 mean, is this child’s play or what? I am H10358 CONGRESSIONAL RECORD — HOUSE September 12, 1996 ready to polygraph, but they will have can recover from your injuries and pass celsior Hotel in downtown Little Rock to torture and brainwash me to have a minimal buck private physical to and that the campaign paid $37,000 of me end the careers of Secret Service enter the army, your induction date is taxpayer matching funds to suppress people. I mean, it is all in this book, merely postponed for a while. and seal confidentially this woman Unlimited Access. Never have I heard one politically working for the campaign that charged The President is protected to some suppressed by a Senator, Senator Ful- him with sexual harassment, and they extent, Mr. Clinton, by rule 18. Just in bright, by a Governor, Winthrop listed it as a consulting fee to this the last year and 10 months I was Rockefeller, by the head of the draft woman, actually used another woman against including my friend AL GORE or board, being leaned on by Buick dealers as a go-between, beard, and the FEC Mr. Clinton in on rule 18. But Hillary related to Mr. Clinton. It is a scandal. audit caught it. Finally they justified Clinton is not protected. And that, plus England, would have their huge salaries over there, and they In here, it has her using the F word. prevented him from ever getting a top wanted him to repay all of that and to This is Unlimited Access by Gary Al- secret clearance. have the campaign actually pay back drich. Since I last brought up this book But henceforth in this special order I in 1994, 2 years after the campaign on the floor, I spent some time with will refer to him as the ‘‘unmentioned ended, $3 to $4 million. And of course, him in San Diego, and he is an honor- one.’’ No, that is too cute. I will just and Americans should know this, Mr. able quarter century retired FBI agent. talk about the Clintons as a team and Speaker, since the FEC is designed for She tells the Secret Service, ‘‘Stay as an administration. I will use the eu- deadlock, six people, 3 to 3, and they the F away from me.’’ phemistic term, ‘‘the administration.’’ vote along political lines, they dead- ‘‘Ma’am, we can’t protect you from b 1345 locked at 3 to 3, no repayment by the this distance.’’ Clinton campaign of $4 million. But it ‘‘I don’t give a blank what you do. Now, here is a chart. Yes, it is a po- was so outrageous, some of these Get your blank-ing self out of my sight litical chart, and it has on here some- changes, that the three Democrats on and get the blank over her.’’ one who I will not talk about, with a the Federal Election Commission set- This is a man who passed all the se- wife at his side, but here are the names tled at about a million that they did curity checks of the Nation, that Mr. of people associated—how is that cam- pay back. Easy to raise money when Clinton could not pass, because of what era 5 doing up there? I will turn this you are an incumbent President with Mr. Clinton did at Oxford, in a foreign way. all that power. country, his resisting the draft, avoid- It says Whitewater’s Most Wanted That was David Watkins, he of golf- ing the draft, and then dodging the List. I will leave out two people and ing fame. He would not resign in dis- draft with an induction date notice start up here. David Hale, key witness grace; he was fired in disgrace. Chris July 28, 1969, he never could get a secu- on his to jail. Jim Guy Tucker, con- Wade, a father-in-law of Web Hubbell, rity clearance unless he got elected to victed. Jim McDougal, convicted, and convicted. Mark Fabiani, they des- theHouse or the Senate or the presi- both of them are talking, what unkind ignate him as attack puppy. Harold dency. That is the only way he could people would say, singing to the pros- Ickes, consiglieer, good name made fa- ever get a top secret clearance. ecution. Susan Thomases, the enforcer. mous by Hollywood. Lloyd Cutler, a ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Vince Foster, deceased, still being good man deluded and left with the The SPEAKER pro tempore (Mr. discussed some of the mystery sur- broken heart, saying that he really COOLEY of Oregon). The Chair would re- rounding whether or not his body was thinks the Government has broken mind all Members that it is not in moved, if not deeper fears. Webster down. order to refer to the President in per- Hubbell, convicted, in prison. Jack Quinn, a fixer. Louis Freeh, sonal offensive terms. Susan McDougal, in ankle chains and whom I praised on this House floor, Mr. DORNAN. Would the Chair tell handcuffs, waddling off to prison as they are not so kind to him. Craig Liv- me if it is the words ‘‘draft dodger’’ though she is a victim. All she had to ingstone, well they only have ‘‘heavy’’ that the Parliamentarian objects to? I do was tell the truth, and the grand here but it is getting a lot worse than thought we worked that out. ‘‘Dodging jury that is empowered in Little Rock that. Patsy Thomasson, drug dealer’s the draft’’ are simple English language is there for over a year, and that is how aide, head of administration at the words. long she is going to sit in prison and WhiteHouse but was Miss Fix-It, while The SPEAKER pro tempore. The gen- stop pretending to be a victim because Dan Lasater was in prison for cocaine, tleman should refrain from using pejo- if she wanted to say I know nothing the man who had gotten cocaine for rative labels. and everybody you are questioning me the President’s brother. He is the next Mr. DORNAN. Right. ‘‘Draft dodger’’ about is innocent that is my belief and one up. David Lasater, drug dealer par- is certainly a pejorative label. If I they were not involved, all she has to doned by Clinton, sent to a halfway moved it around and used gerunds and do is say that. But if she is afraid of house, did not serve any of his serious verbs and said ‘‘dodging the draft,’’ perjuring herself to say that, then she Federal time. that is what he did. does have information that the good Arthur Coia, it just says ‘‘wise guy.’’ I went to the Cambridge cemetery at citizens of Arkansas through their Seth Ward also named disgrace. Bev- Cambridge, England, and looked up the grand jury are allowed to hear the erly Bassett Schaffer, a fixer. Then it grave just a few days ago, to be exact, truth. mentions a Senator. I will respect September 1, to look at the grave of Neil Eggleston, bagman. William House rules and skip over him. Just Bob Holmes, the younger brother of Kennedy III, resigned in disgrace. said ‘‘stonewall’’ anyway. Then it has a Col. EugeneHolmes, the man who was Bruce Lindsey, they claim here he is couple of wanted. Then it has Tony used so shamefully to enlist Clinton in another bagman. Maggie Williams, Marseca today another fixer. Jim the ROTC as a student about to enter they claim she is a perjurer, but she Blair, he of the cattle futures fame. law school, 1 year of graduate school, sure had total amnesia without brain- Borrowed $1,000, rising to $100,000 in ditching class at Oxford, 1 year out of washing of all her memory. Bernie days and then cut off once the payback Arkansas with a degree from George- Nussbaum, resigned in disgrace. David had taken place. town, he was put back into an ROTC Watkins, fired and now I find out—I Richard Ben-Veniste, boy, it hits him class with undergraduate college stu- cannot get hold of everything—that in hard. David Kendall, another fixer. dents, a brand new program which he his memo that the gentleman from Harry Thomason, the player who is used to have the draft induction date of California, CHRISTOPHER COX and DANA still the impresario arranging some of July 29, 1969, and this is history, Mr. ROHRABACHER, discussed last night, the—we did it too, the extended Speaker, crushed, suppressed, reversed; which I am going to get to, Mr. Speak- infomercials that both parties pulled the only time I have ever heard of that er, that David Watkins was brought up off in the month of August. in the history of my life, unless it was on sexual harassment charges as the L. Jean Lewis, vindicated. That is a hard football injury, like a broken chief administrator of the campaign of the one good person on here. Ron leg or neck injury, or a car crash that Bill Clinton in the war room at the old Brown, still seven investigations going was traumatic, and even then if you newspaper headquarters near the Ex- on with the deceased Ron Brown. September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10359 Cisneros, Espy, Betsey Wright, the ‘‘Murder in the First Degree: Interim is only 35 days after the historical elec- bimbo fixer. That is her own title, Report on the Death of commerce Sec- tion of November 8, 1994, which turned bimbo fixer. She is sort of on the out. retary Ron Brown and 34 Other citi- this House over from Democrats, from Carolyn Huber, a decent woman who zens’’. And in the first paragraph, and I 40 years of rule, most of it liberal lead- told the truth, how documents mys- am going to check this, as the chair- ership. And I repeat, referring to that teriously appeared on coffee tables at man of an Armed Services subcommit- Henry Cabot Lodge speech on the Sen- the family level of the WhiteHouse. tee and Committee on National Secu- ate floor, that was my first election. Mack McLarty, demoted. They needed rity, it says all 35 people were dead at The age was 21 then. I had gotten my a slicker and younger guy in there. the crash except for a stewardess. That wings just past 21 and a half years of George Stephanopoulos, attack puppy is not the right title. They are sergeant age, and I watched theHouse go the who came to the Republican Conven- attendants. Shelly Kelly, who was other way in my first election. Every- tion. The press said are you going to riding in the tail, sustained only minor thing else in California went the other the Democratic Convention. I said I do cuts and bruises; that she was well way, too. I voted absentee. not rain on their parade because Dodd enough to get out as sole survivor of And after 40 years, we take theHouse and Stephanopoulos, showed up at ours the 35 on the plane; that she climbed and here is a memo 35 days later called to try to spin things. on the helicopter itself, it says here. task list. It sounds like the pejorative Roger Altman, resigned in disgrace. This goes on for 37 pages. And that she politically inspired documents, but Josh Steiner, who denied his own diary died on the helicopter mysteriously. also seeking the truth, that I just read. and left in disgrace. Jean Hanson, re- I flew four times with Sergeant This is a Clinton administration docu- Shelly Kelly. Her husband is an Air signed in disgrace. Don Tyson, well, he ment. They use the alphabet instead of Force sergeant. Two children. And in has changed sides now. He is for Bob numbers. So here are 26 items, and the PX, where we went to get some Dole. The chicken czar of Arkansas. then they follow with double letters, 13 supplies, some toiletries for a trip into And Bob Bennett, my pall bill’s more. So here is 39 steps to Pennsylva- Bosnia with Shelly Kelly on this very Brother Bob as he calls him, who is one nia Avenue. same airplane, she was in the line of the tougher hired gun consiglieres in A. Foster document handling, and it ahead of me. Intelligent, strikingly town here. assigns it to somebody named Nemetz, professional, good looking lady ser- If you go back over the Clinton N-E-M-E-T-Z. geant. And I said why are you buying record, this came in the mail, in what Travel office, assigned. those wine bottles; is my crew partying we call my ‘‘white mail,’’ people who WhiteHouse, treasury contacts. tonight? Oh, no. I always bring home just do not send me a small donation Obstruction of justice. two wine bottles from everywhere I go but want to talk to me out of frustra- Criminal referrals, the Jay Stephens as air mobility command member, Con- tion. Mr. Speaker, they listed this: thing. RTC whistle-blower reprisals. gressman. And she said my husband Whitewater, the Ron Brown scandal, E. Use of WhiteHouse resources for does the same. He is up at Ramstein. historic world tax increases, the Vince response efforts. Give that one to And when I get home, we have one bot- Foster so-called suicide, the Zoe Baird Nolan, wherever he is. tle of wine at dinner, and then we save scandal, Nanny-gate, the cattle futures Foster suicide. Nemetz again. the other one. We have quite a collec- deal, Travel-gate, the FEC election Epsy, ethics, expanded Smaltz in- tion to give to our children. fraud that I just mentioned, General Well, Shelly Kelly is in heaven now, quiry in relation to: Tyson’s Hatch Janet Reno and Waco, not to mention Mr. Speaker, and her husband is left Act. other things that happened on her with that wine bottle collection from Cisneros, Brown, Hubbell. Those are watch. all around the world. These two excel- all separate items. In Great Britain she would have hon- lent servants of the people in the Air Ickes, union representation. orably resigned the day after Waco, Mobility Command. And I am going to Stephanopoulos and his NationsBank with 3 pregnant women and over 20 have to find out if there is any truth problem. children and several teenagers, some of that she survived that crash, less than State Department. The passport files. them choked to death on gas, mer- a month after CODEL members, the Archives. Abuse of the personnel system. cifully being spared being burned to gentleman from Alabama, SONNY CAL- Legal defense fund. death. LAHAN, the gentleman from Arizona, Health care task force. Joycelyn Elders’ resignation. The BOB STUMP, myself, and four or five woman who said, ‘‘If I could wear a other Members flew four times on that WhiteHouse operations. Passes, condom on my head as a crown, I would aircraft, from Aviano to Zagreb to drugs. Drugs, helicopters. That is a ref- do it.’’ That is how she picked up the Tuzla and other flights in that area erence to David Watkins again. name, the condom queen. Then she said just March of this year. Residence renovations. That goes to it was a proud moniker. Now, last night, on this floor, two Neuwirth. Shredded evidence, disappearing doc- Californians who had joined my dis- Presidential immunity goes to Sloan. uments, disappearing memories. trict, CHRISTOPHER COX has the coast- WhiteHouse, Arkansans. That is The Paula Jones lawsuit, which we line, DANA ROHRABACHER has the coast- Thomasson, Nash, Rasco. will have to suffer through in the line just north of Huntington Beach on PIC surplus. I do not even know what spring of next year whether Mr. Clin- the inland land-locked Democrat ma- that is. I will find out. ton wins or not. jority district by about 10 points. They Improper electioneering. Savings and loans problems. Still, had a special order because Mr. COX got GSA. That is the Orange County guy that is a bipartisan scandal there, but hold of a memo, which I guess the dom- that endorsed Clinton, Roger Johnson. I know where most of the votes were inant media culture, liberal to the His life has never been the same. when my good friends on the other side core, at least in New York and Holly- Value partners. were in the majority. wood and D.C., has not really printed Presidential campaign. The FEC TheHazel O’Leary fiascoes. The Mi- this full memo; that somehow or other audit. chael Espy resignation. The Roger Alt- was obtained by House committees See, December 13, 1994. They are man resignation. The shadowy fi- through document searches and de- talking about this $37,000 payoff fund nances. TheHenry Cisneros scandal. mands. to cover up a sexual harassment case The national debt, at record high and They have been stonewalling, most of against the chief administrator of the still going up. And that is pretty much the records that the gentleman from Clinton campaign, David Watkins. bipartisan. Pennsylvania [Mr. CLINGER], doing a Commodities. That goes to Kendall, And then, as my writer says, and the great job in his last few months serving whoever he is. list goes on, and on, and on. this House, serving the people of Penn- Then they start the double A, double Here is a document, a political docu- sylvania, and it is a task list and it is B numbering. ment. Looks like a Federal document, dated December 13, 1994. Gubernatorial campaigns. Lindsey but it is not. I do not even know the This is the culmination of the first 2 Wright. Record keeping. group that sent it out, but it says years of the Clinton administration. It Gubernatorial something else. H10360 CONGRESSIONAL RECORD — HOUSE September 12, 1996 Whitewater and MGSL. The Madison switches from a Roman numeral to an people. Yes, those that follow these im- Guaranty Savings & Loan. That goes to Arabic numeral 2, new category titled portant things. Kendall. Preliminaries. Identify the key Repub- My point is, as I said, last week on this, America has an IQ test that it is b 1400 lican objectives and reasons for achieving them; that is, sustain the shadow going to have to take on November 5. Other Madison Guaranty, that cost on WJC character. Today is the 12th. We are not in Fri- the taxpayers $60 million, and Mr. Speaker, could that be WILLIAM day, Saturday, Sunday, Monday. No McDougal. That went to Kendall, too. CLINGER? Hype theHRC threat to white votes Tuesday until late. That is 5 He ought to be subpoenaed before a men, traditional women. Identify guid- more days gone in this month. So that House committee before we close here. ing principles for responses. is 17 days. We have 13 days left in Sep- Rose law firm, we have a statute of Mr. These are all items. Nothing to hid, tember when the next special order Rose who founded that law firm, one of stick to the facts, get it right the first takes place. I hope I will be up for one. Arkansas’s two allowed statues in time. Keep it simple, stupid. That I will continue with Tiger Flight and Statuary Hall here. He must be turning sounds like Carville writing this recruit my combat tested friends, HUN- in his grave the last 3 years and 10 memo. It goes on and on and on and on TER, SAM JOHNSON. months. through a whole page, surrogate roles, I will be back next week with 5 more Then under the same heading as the and then it comes over to an entire, days gone, 12, that is 17, so that means Rose law firm is HRC work for, that is you know how the CONGRESSIONAL 13 days in this 30-day month; 31 next, the Rose firm work for Madison Guar- RECORD has tiny print, send for this that is 44. When we come back in for legislative business, there will be 49 anty Savings & Loan. The Frost case. CONGRESSIONAL RECORD, folks, those FSLIC representation. Kendall got leaving up in the gallery, then it comes days left in the presidential election, 49 that. David Hale, Susan McDougal, down to item 18, they keep changing, days before GIL GUTKNECHT rides to small business, she is going to jail. they did not Jesuit outlining skills glory with a 60, 70 percent election up David Hale is on his way. Well, he has taught to them. I wonder if Clinton got there in God’s country in the north- given testimony. That went to Kendall. that at Georgetown. Here is No. 18 of west of our great country, middle northwest it should be called now. Tucker sits all by itself. He is going to about the fifth category, it says FEC Mr. Speaker, here is why this is so jail. Lasater, he got a better break audit, determine congressional inter- important to me, all these scandals. It than Susan McDougal. He is under est. Somebody should have written ‘‘in- house arrest without an anklet. For 4 is because we are faced with a constitu- tense’’ next to that. This is, again, the tional crisis right now. Last Sunday, a years he cannot leave his home because disgraced David Watkins. Assembled he does have serious health problems. few days ago I was in my district. I binders with summary and key docu- went to the back of the church, St. What a lucky guy. ments. Media let them get off on that. African-Americans all across the Columbans, great Irish saint that They would have hammered war hero turned wild blue-faced Picts in Scot- country said, let some African-Amer- George Bush or the beloved Ronald ican get a phony loan for $300,000, rip land into Christians, brought the word Reagan if they had him on that. Then of Christ to Scotland with St. Kevin the taxpayer off, and they gave the it comes down to 21 other preinaugural case in Arkansas where a gentleman and St. Columba. But this is Columban. items, (a), Lindsey role, Betsey Wright, In St. Columbans in Garden Grove, was sick and he was sent to jail any- role of the Bank of Cherry Valley, that CA, at the back of the church is a way and he died a year later. He was in is one where one of the juries that let plaque and it says on the plaque that wheelchair. So they are not too happy off people on blatant evidence, but that these men, the following, died in the about that. Lasater, bond deals. This is is our jury system. Starr is looking at service of their country in the war in their memo, their memo. Task list, De- 1984, 1986, 1990, these are guberatorial Vietnam. And it lists six names and cember 13, 1994. Under I, issues, it says, elections in Arkansas. then it says, may their souls repose in ah, that is item 35, Lasater, open pa- Then it comes down to 21, sub- peace, or words to that effect. rentheses, bond deals, cocaine; Roger category (b), negative associations, I said to my wife, it is time for me to Clinton, close parentheses. Next one, Jim Guy Tucker, year and a half later write down these names and go to the use of loans to achieve legislative ini- he is convicted, any number of felonies. Vietnam Memorial at the kiosk, be- tiatives. Talk about campaign reform. David Hale, Small Business Associa- cause I had done this at Cambridge, ADFA, aid to families, political favors, tion loan. He is talking to the prosecu- England to look at Colonel Larry Nichols. Larry Nichols was the tors, to Kenneth Starr. Then he goes to EugeneHolmes’ kid brother, Bob, as I original whistleblower in all of Clin- jail. Jim McDougal, talking, Dan mentioned earlier who, and last week I ton’s last gubernatorial campaign. Lasater, dodged everything, got that mentioned him, who had died from his Mena Airport, CBS, ABC, NBC, and house arrest and a pardon by Clinton. wounds at altitude, German fighter air- even CNN have assiduously disregarded It says there, bond deals, cocaine, craft and flak tearing up the B–17, died anything to do with this infamous air- Roger Clinton. Then Mena Airport of his wounds on the aircraft, but the port in West Arkansas near the Mis- again, a line item. Then it goes on and aircraft made it safely back to his base sissippi River, and yet they have it on on. and he was buried the next day on Vet- a WhiteHouse memo, Mena Airport. And then troopers, troopers. Identify erans Day of 1943. The air war had been And this one is a small ‘‘t,’’ troopers, the issue. Job for silence. And then this canceled over Germany because we trooper-gate. young guy, Buddy Young, the captain were losing so many airplanes, 2 raids, Because one year before, on Decem- of the troopers, who literally whored we lost six four-engine ten- or 11-man ber 20, as this member sat in for the in- out for Clinton, I deliberately use that crewed bombers over Schreinford and comparable Rush Limbaugh, the Rush tough word because his salary was then Regensburg-Schreinford. So we man, I introduced because Rush was in more than doubled from $45,000 as cap- ended the air war from October, so he the Caribbean on his well-earned first tain of the troopers to way over $95,000 must have been hit over France. We did vacation in years with Ed McLaughlin, to go to Denton, Texas and take over a not start up again until February. We his discoverer, I got to introduce the FEMA, a Federal Emergency Manage- started. We could still lose the air war. trooper-gate mess on the Rush ment key spot in this country with no Germans had not even put their jets in Limbaugh show coast to coast to a experience whatsoever for threatening the field yet. But since I have looked rolling audience then of 15 to 20 million some of the troopers and actually si- up and I had forgotten how easy is to people. lencing some, particularly one who had get a man’s date of death and birth and So it says troopers. And then, item 5 children and triplets, unbelievable age, so forth, and I took down these 6 am, No. 39 numerically, it simply says, disgrace. names and my Sally reminded me yes- small ‘‘w,’’ women. Women. The Then Mr. COX goes on, this memo is terday. So I could not get off the floor unmentioned one will not be men- quite extraordinary. It is single spaced. so I sent a staffer down to the Viet- tioned. Open parentheses, Kendall/Ben- Goes on for 12 pages. As I said, lists 39 namese Memorial. Within minutes he nett, that has to be Bob Bennett, as- scandals, most of which now, 2 years was back with their names, I mean the signed it to him. Then it starts and he later, are at least known to American barest of statistics on their death. September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10361 Here they are. In my parish church, Fitzgerald, born in Yonkers, NY, date charge of this enemies list were never, them- here is the names of six young Ameri- of birth, January 3, 1936, the year of my selves, able to pass a security clearance for cans who died serving their country in brother’s birth. His death was June 1, such reasons as drug use, including, mari- Vietnam. I will make a point on this. 1970, 34 years, 5 months, the year Bill juana, cocaine, crack-cocaine and other ‘hard drugs’, theft, including thousands of J. Patrick Fitzsimmons, lance corporal Clinton returned from his triumphal dollars of lap-top computers stolen after the Marine Corps, died a month past his tour of Prague, Moscow, and Scandina- campaign, (with surveillance camera videos 21st birthday, May 18, 1967, he was born via. of the actual stealing!), and other past his- in 1946, I guess that is the beginning of Mr. Speaker, I include for the tories of the criminal kind. the baby boom. His dad was probably a RECORD the following information: Mena-gate, which is currently being veteran who came home from the war [From POLI news, Sept. 10, 1996] worked on, Mena being an airport in Arkan- sas, under the direction of FOB (formerly, and count back 9 months from 1946 and FROM WATERGATE TO WHITEWATER TO Friend-of-Bill, now Felon-of-Bill) Dan that is certainly a child brought into FILEGATE, THERE MAY NOT BE A SANTA Lassiter, used to traffic an estimated $110 CLAUS, BUT THERE’S DEFINITELY A LAW OF the world at the end of our victorious MILLION/month of cocaine into the U.S.A. allied effort of World War II. George KARMA! Foster-gate, in which for the first time in Xavier Rocha, private first class, born When Hillary Clinton and Bernie Nuss- this century, a dead body smells up the February 3, 1946. He was conceived baum were manipulating the law to continue WhiteHouse. Vince Foster, one-time ‘special’ after the war in Europe ended, the very their vendetta against Nixon, which eventu- friend of Hillary and family lawyer, was sus- month, VE day. May of 1945. Birthday ally brought the word ‘impeachment’ into piciously found dead, jurisdiction was given everyday usage, who thought the law of February 3, 1946. Died 21 years old, 10 to ‘park police’ to, contrary to all the evi- Karma, AKA The Law of Return, would come dence (e.g., clean, polished shoes, after a long and a half months, on December 18 of into play some 25 years later? One may well walk through a dusty brush-filled park, un- 1967. Bill Clinton is starting his 3 wonder if HRC had been studying Eastern explained carpet fibers on the dead man’s months into his senior year at George- Philosophy instead of cranking out McGov- clothing, blonde hair and semen stains on town, getting ready to use graduate ern posters, would the WhiteHouse be the the underclothes, non-functioning gun found school to avoid his first draft notice Sing-Sing on-the-Potomac? in the wrong hand, absence of bullet, spent which, by the way, was not right be- Let’s take a brief stroll down felony lane shell, skull-fragments and other forensic evi- and look at the Clintons’ Legacy: cause graduate school deferments dence, fingerprint-less ‘suicide note’ w/o any Trooper-Gate, our randy President-to-be words of love for family, torn into 27 pieces ended in 1967. uses state employees, State Police to be Then David Simmons, born in Grand (try this at home), gravity-defying blood- exact, to pimp for him, rating the women on stain on face, impossibly small amount of Rapids but died as a citizen of Garden a scale of one to ten, (with HRC un-listed) blood for a ‘head shot’ etc., etc.) rule ‘sui- Grove, sergeant, Army, date of birth, with basement ‘soirees’ as HRC slept up- cide’ and then the body was quickly cre- August 16, 1944. Probably his dad home stairs and even an assignation at 4:45 am on mated before extensive examination would on leave. He died March 16, 1968, 23 the very morning he left for D.C. According be done. years and one month to the day. to Trooper Roger Perry, Clinton offered him Lest we forget to note the, shall we say, in- Patrick F. Scharosch, spec 4, U.S. a federal job in return for his silence. Candy teresting list of Presidential appointees: may be dandy, and liquor, quicker, but a Army, born December 18, 1945, war had Joycelyn (the Condom Queen) Elders, who Federal job has real appeal! Among those suggested prostitutes be implanted with been over just a few months when his supposedly given jobs-for-sex: the infamous ‘Norplant’ to enable them to ply their trade, mother went into labor and brought Gennifer Flowers, who replaced a black wanted ‘‘safer bullets’’ (!?!, Ed.) Most famous him into what looked like a very prom- woman for a administrative post for which quote, ‘‘‘‘If I could wear a crown on my head ising world, Christmas of 1945, the Ms. Flowers had no expertise. Now there’s a with a condom on it. I would.’’’’ world at peace for the first time in six new use for tax dollars. Henry Foster, who said he had performed horrible bloodletting years, 55 million Nanny-gate, with a full 27 nominees for ‘‘a few’’ abortions, then continued to lie to dead in all the extended families with high office disqualified for not paying Social Congress as it was revealed that ‘‘a few’’ Security taxes. Among these, Zoe Baird, who equaled over 700. Dr. Foster claimed those broken hearts that their loved son or with her husband, both high-priced lawyers, opposing his nomination were ‘‘racists.’’ daughter, in the case of European failed to take a few bucks out of their annual Web Hubbel, former FOB and Hillary’s Jewry, the whole extended families $500,000 income to pay the green carded nan- Rose Law partner, actual un-appointed At- gone up literally in evil smoke from ny’s way. torney General, responsible for the Waco Hitler’s crematoria. He died April 15, Haircut-gate, where his royal highness Bill Massacre, now serving time in the penal Club 1968. I know exactly where I was that tied up the Los Angeles airport while he got Fed, who let the blame for the dead children day, on the way to Vietnam as a re- a $250 haircut which cost the airport thou- fall on the broad shoulders of sands of dollars, while delaying the busy Janet Reno, Attorney General, most fa- porter. lives of actual ‘little tax-paying people.’ mous quote ‘‘My highest priority is not to He was 22 years, 4 months, J. Michael Looking at our President’s bushy hair, I convict criminals, but to protect their Foster, another marine, corporal, he think the cut was overpriced. rights.’’ Ms. Reno was also given ‘what-for’ was born on VE day itself, May 8, 1945. Travel-gate, where seven loyal WhiteHouse in a Senate vote of 100–0 when she tried to In between his mother’s birth pangs, no workers were not only fired, which the Clin- overturn George Bush’s position on child TV in the hospital rooms then, but I tons had every right to do as these people pornography. am sure proud dad and brothers and served ‘at the pleasure of the President’ but Ron Brown, deceased Commerce Secretary, sisters bringing her newspapers, the against all laws of the land, the First Lady formerly under investigation by: Department of Justice; Special Prosecutor; FDIC; Con- war is over in Europe. Well, it ended and the First Bill brought in the FBI and the IRS to trash the reputations of innocents to gressional Reform and Oversight Committee; the day before, it ended on the sixth, save their own, since the ‘Haircut’ had pre- FBI; DOE; Senate Judiciary Committee; Ike took the unconditional surrender, viously left a bad taste in the public’s Commerce Dept.; and Inspector General. At would not even show up, he so mouth. Clinton so-called ‘cousin’ (because no the time of the plane crash which reportedly disrespected General Yodal and then one can find her lineage actually connecting killed Sec’y. Brown, there were 22 Congress- declared May 8 the VE day. Some pris- her, by blood or marriage, to the family) men demanding Brown’s removal and pros- oners were still dying. Some people lib- young, blonde and inexperienced, (at least in ecution. Among the major scandals in which erated in camps were still dying but at the travel business), Catherine Cornelius was Brown was involved: Whitewater; Mena Drug smuggling; the Denver Airport mess; The least they knew freedom, breathed free hired to run the Travel Office. Unbeknownst to them, but latter knownst to us, their Keating Five; Haitian Madame Lillian for a day or two before their emaciated stalling on document-releases in this affair, Madsen’s prostitution ring; $700,000 received bodies gave up their souls to God and gave Rep. William Clinger the power to from Russia and deposited in a Singapore in Russian camps that had been over- threaten Contempt of Congress, thereby Bank to drop trade embargo with Viet Nam run, U.S. prisoners, I repeated from yielding a treasure trove of documents. (which was accomplished), thereby propping earlier, those with the Slavic names Among the papers, it was learned that, yet up the Viet Nam Communists; Special ‘fa- died in the Gulag camps over the next another scandal, involving the FBI and se- vors’ (tax and regulatory) breaks given by decade. cret documents, was to be revealed. Brown to Democrat Party and Clinton Vic- Let me please give this last name, File-gate, where, in true Clinton style a tory Fund (to re-elect Clintons) Influence ‘‘few,’’ then ‘‘about 300, from A to G,’’ to the Peddling by Cabinet Official $12.5K/mo. from Mr. Speaker, J. Michael Foster, died current ‘over 1,000’ classified personal FBI Haitian dictator-in-Exile Duvalier; $50M sent March 24, 1969, 23 years, 10 months and, files, mostly of Republicans who had served to Viet Nam Communist gov’t.; $360,000 town thank you for the courtesy of the one in the Reagan and Bush administrations. In- house for the aforementioned Mme. Madsen; officer, major, Marine Corps, Robert M. credibly, we have learned that those in illegal ChemFix Waste Mgt. account with H10362 CONGRESSIONAL RECORD — HOUSE September 12, 1996 former NYC Mayor David Dinkins, worth California: Ray–Y. millions; Capitol/Pebsco illegal pension fund Riggs–N. Jones–Y. account with DC Mayor Marion Barry; sale Herger–Y. Lewis–N. of gas-turbine engine to China for use in Matsui–N. Gingrich–Y. cruise missiles; illegal Iranian Muslims Fazio–N. Darden–Y. weapons deal into Bosnia against US/Ally Pelosi–N. Rowland–Y. Trade Embargo, money for which came from Boxer–N. Jenkins–N. Depts. of Commerce and Agriculture slush Miller–N. Barnard–Y. funds, and supplied helicopter gunships, Dellums–N. Hawaii: stinger missiles, land mines, anti-aircraft Stark–N. Abercrombie–N. guns, anti-tanks weapons, grenade launchers Edwards–N. Mink–N. and over 20,000 muslim troops, including Lantos–Y. Idaho: their elite Mujahedeen; illegal $500,000 cash Campbell–Y. with gov’t loans money deal with Yolanda Mineta–N. LaRocco–N. Hill to fund Democratic National Commit- Doolittle–Y. Stallings–N. tee; illegal $6 Billion Saudi deal for military Condit–Y. Illinois: aircraft and hardware coupled with illegal $4 Panetta–N. Hayes–N. Billion AT&T contract, of which DNC and Dooley–N. Savage–N. Bill Clinton were beneficiaries. Now here lies Lehman–Y. Russo–N. a busy, busy capitalist! Lagomarsino–Y. Sangmeister–N. Henry Cisneros, Sec’y of HUD, under inves- Thomas–Y. Lipinski–N. tigation for lying to FBI in matter involving Gallegly–Y. Hyde–Y. money and mistress. Moorhead–Y. Collins–N. Mike Espy, former Sec’y of Agriculture, re- Beilenson–N. Rostenkowski–Y. signed after Tyson (FOB) Food Giant ‘bought Waxman–N. Yates–N. influence,’ with this case still active. Roybal–N. Porter–Y. Ira Magaziner, Health Care Czar and Berman–Y. Annunzio–N. Friend of Hillary, investigated for spending a Levine–Y. Crane–Y. bit over budget for the now infamous, social- Dixon–N. Fawell–Y. ist Health-Care Task-Force fiasco. A bit over Waters–N. Hastert–Y. budget, you ask? Well, for an original esti- Martinez–N. Madigan–Y. mate of $300,000 to become an actual bill of Dymally–?. Cox–N. over $15 Million from the taxpayers, I, for Anderson–Y. Evans–N. one, would like my money back. It would Dreier–Y. Michel–Y. seem the ‘Force’ was ‘tasked’ to redistribute Torres–N. Bruce–N. wealth from the tax payer to their private Lewis–Y. Durbin–N. Swiss accounts, non? Ooh la la! Brown–N. Costello–N. Hazel O’Leary, Energy Secretary, who has McCandless–Y. Poshard–N. Dornan–Y. shown she can overspend with the best of Indiana: ’em. Hazel took 68 of her closest friends on a Dannemeyer–Y. Madonna-like tour, using theHollywood and Cox–Y. Visclosky–N. Rock stars’ favorite transport jet, (complete Lowery–Y. Sharp–N. Roemer–N. with gold toilet fixtures and hot tubs) claim- Rohrabacher–Y. Long–N. ing billions of business garnered for the US, Packard–Y. Jontz–N. which was proven to be less than millions. Cunningham–Y. Burton–Y. Donna Shalala HHS Sec’y and another Hunter–Y. Myers–Y. ‘special’ friend of Hillary, famous for the tel- Colorado: McCloskey–N. evision and radio, condom campaign, at tax- Schroeder–N. Hamilton–N. payer’s expense, spending over $1 Million Skaggs–N. Jacobs–N. thus far. Campbell–Y. Iowa: 9. H.J. RES. 77. USE OF FORCE AGAINST IRAQ/ Allard–Y. PASSAGE Hefley–Y. Leach–Y. Nussle–Y. Passage of the joint resolution to author- Schaefer–Y. Nagle–N. ize the use of military force if Iraq has not Connecticut: Smith–N. withdrawn from Kuwait and complied with Kennelly–N. Lightfoot–Y. U.N. Security Council resolutions by Jan. 15. Gejdenson–N. Grandy–Y. The resolution authorizes the use of force DeLauro–N. Kansas: and the expenditure of funds under the War Shays–Y. Roberts–Y. Powers act and requires the president to re- Franks–Y. Slattery–Y. port to Congress every 60 days on the efforts Johnson–Y. to obtain Iraqi compliance. Passed 250–183: R Meyers–Y. 164–3; D 86–179 (ND 33–147, SD 53–32); I 0–1, Delaware: Glickman–Y. Jan 12, 1991. A ‘‘yea’’ was a vote supporting Carper–Y. Nichols–Y. the president’s position. Florida: Kentucky: Alabama: Huffo–Y. Hubbard–Y. Callahan–Y. Peterson–N. Natcher–N. Dickinson–Y. Bennett–N. Mazzoli–N. Browder–Y James–Y. Bunning–Y. Bevill–Y. McCollum–Y. Rogers–Y. Cramer–Y. Stearns–Y. Hopkins–Y. Erdreich–Y. Gibbons–N. Perkins–N. Harris–Y. Young–Y. Louisiana: Bilirakis–Y. Alaska: Livingston–Y. Ireland–Y. Young–Y. Jefferson–N. Bacchus–Y. Tauzin–Y. Arizona: Lewis–Y. McCrery–Y. Rhodes–Y. Goss–Y. Huckaby–Y. Udall–?. Johnston–N. Baker–Y. Stump–Y. Shaw–Y. Hayes–Y. Kyl–Y. Smith–N. Holloway–Y. Kolbe–Y. Lehman–N. Maine: Arkansas: Ros-Lehtinen–Y. Fascell–Y. Andrews–N. Alexander–N. Snowe–Y. Thornton–Y. Georgia: Hammerschmidt–Y. Thomas–Y. Maryland: Anthony–N. Hatcher–Y. Gilchrest–Y. September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10363 Bentley–Y. Rinaldo–Y. Synar–N. Cardin–N. Roe–N. Brewster–Y. McMillen–Y. Torricelli–Y. McCurdy–Y. Hoyer–N. Payne–N. Edwards–Y. Byron–Y. Gallo–Y. English–N. Mfume–N. Zimmer–Y. Oregon: Morella–N. Saxton–Y. AuCoin–N. Guarini–N. Massachusetts: Smith–Y. Conte–N. New Mexico: Wyden–N. Neal–N. Schiff–Y. DeFazio–N. Early–N. Skeen–Y. Kopetski–N. Frank–N. Richardson–N. Pennsylvania: Atkins–N. New York: Foglietta–N. Mavroules–N. Hochbrueckner–N. Gray–N. Markey–N. Downey–N. Borski–Y. Kennedy–N. Mrazek–N. Kolter–N. Moakley–N. Lent–Y. Schulze–Y. Studds–N. McGrath–Y. Yatron–N. Donnelly–N. Flake–N. Weldon–Y. Michigan: Ackerman–Y. Kostmayer–N. Conyers–N. Scheuer–N. Shuster–Y. Pursell–Y. Manton–N. McDade–Y. Wolpe–N. Schumer–N. Kanjorski–N. Upton–Y. Towns–N. Murtha–Y. Henry–Y. Owens–N. Coughlin–Y. Carr–N. Solarz–Y. Coyne–N. Kildee–N. Molinari–Y. Ritter–Y. Traxler–N. Green–Y. Walker–Y. Vander Jagt–Y. Rangel–N. Gekas–Y. Camp–Y. Weiss–N. Santorum–Y. Davis–Y. Serrano–N. Goodling–Y. Bonior–N. Engel–Y. Gaydos–N. Collins–N. Lowey–N. Ridge–Y. Hertel–N. Fish–Y. Murphy–N. Ford–N. Gilman–Y. Clinger–Y. Dingell–Y. NcNulty–Y. Rhode Island: Levin–N. Solomon–Y. Broomfield–Y. Boehlert–Y. Machtley–Y. Reed–N. Minnesota: Martin–Y. Walsh–Y. South Carolina: Penny–N. McHugh–N. Weber–Y. Ravenel–Y. Horton–Y. Ramstad–Y. Spence–Y. Slaughter–N. Vento–N. Derrick–Y. Paxon–Y. Sabo–N. Patterson–Y. LaFalce–N. Sikorski–N. Spratt–Y. Nowak–N. Peterson–N. Tallon–Y. Houghton–Y. Oberstar–N. South Dakota: North Carolina: Mississippi: Johnson–N. Jones–Y. Whitten–Y. Valentine–Y. Tennessee: Espy–N. Lancaster–Y. Quillen–Y. Montgomery–Y. Price–N. Duncan–Y. Parker–Y. Neal–N. Lloyd–Y. Taylor–N. Coble–Y. Cooper–Y. Missouri: Rose–N. Clement–Y. Clay–N. Hefner–N. Gordon–Y. Horn–N. McMillan–Y. Sundquist–Y. Gephardt–N. Ballenger–Y. Tanner–Y. Skelton–Y. Taylor–Y. Ford–N. Wheat–N. North Dakota: Texas: Coleman–Y. Dorgan–N. Chapman–Y. Hancock–Y. Wilson–Y. Emerson–Y. Ohio: Bartlett–Y. Volkmer–Y. Luken–Y. Hall–Y. Gradison–Y. Montana: Bryant–N. Hall–N. Williams–N. Barton–Y. Oxley–Y. Marlenee–Y. Archer–Y. Gillmor–Y. Fields–Y. Nebraska: McEwen–Y. Brooks–Y. Bereuter–Y. Hobson–Y. Pickle–N. Hoagland–Y. Boehner–Y. Edwards–Y. Barrett–Y. Kaptur–N. Geren–Y. Miller–Y. Nevada: Sarpalius–Y. Eckart–N. Bilbray–Y. Laughlin–Y. Kasich–Y. Vucanovich–Y. de la Garza–Y. Pease–N. Coleman–N. New Hampshire: Sawyer–N. Stenholm–Y. Zeliff–Y. Wylie–Y. Washington–N. Swett–Y. Regula–Y. Combest–Y. Traficant–N. New Jersey: Gonzalez–N. Applegate–N. Andrews–N. Smith–Y. Feighan–N. Hughes–Y. DeLay–Y. Oakar–N. Pallone–Y. Bustamante–N. Stokes–N. Smith–Y. Frost–Y. Roukema–Y. Oklahoma: Andrews–Y. Dwyer–N. Inhofe–Y. Armey–Y. H10364 CONGRESSIONAL RECORD — HOUSE September 12, 1996 Ortiz–Y. through the gallery of visits here, or here to give a speech to this body after Utah: through the electronic wizardry of C– the great victory that he led us to, I re- Hansen–Y. SPAN I and II, that I am putting into member the Schwarzkopf reception be- Owens–N. the record the vote. cause all of those who voted, not all of Orton–Y. You were here for that great debate them, but so many of those who voted Vermont: in January 1991, so was the Speaker pro to make him a sitting duck elbowed ev- Sanders–N. tempore; 180 Democrats voted against erybody else out of the way in order to Virginia: doing anything about Saddam Hussein. get their picture with General Bateman–Y. Some of them even voted against the Schwarzkopf. Pickett–Y. sanctions, like my pal, ELIOT ENGEL, At that time, if you remember, right Bliley–Y. although he voted for hostile action. after we voted to give them the right Sisisky–Y. But all the leadership: Tom Foley, who to conduct offensive military oper- Payne–Y. was the Speaker, Mr. BONIOR, who was ations, and it became clear that our Olin–N. in leadership then, Mr. HOYER, the enforces were going to win a magnificent Slaughter–Y. tire leadership here and the entire victory, the Democrats who controlled Moran–N. Boucher–N. leadership that is over there today in this body at the time, if you remember, Wolf–Y. the Senate: Mr. DASCHLE, then the ma- BOB, called us back, immediately Washington: jority leader, Mr. Mitchell, they all called us back in order to have a vote Miller–Y. voted against doing anything. And Ad- which was nothing but a face-saving Swift–N. miral Crowe, who had risen to glory vote for them at massive expense to Unsoeld–N. under Reagan and Bush, he wrote the taxpayers to get everybody back Morrison–Y. against any action, and his reward is to here for just a face-saving vote for—— Foley–N. be the Ambassador to England in the Mr. DORNAN. To support the men Dicks–N. Court of St. James. and women. McDermott–N. Now we have these same people com- Mr. ROHRABACHER. That is right. Chandler–Y. ing to the floor. The gentleman from Mr. DORNAN. Two quick final West Virginia: Massachusetts [Mr. MARKEY] at least thoughts: Mollohan–Y. had the decency to say, well, he voted You are right. Boy, was I understat- Staggers–N. no because he thought we went into ing it. Those of us who were raised in Wise–N. week 2 early and left a few days too California and in New York, a few Rahall–Y. late, and I might agree with the analy- other big cities, find words like arro- Wisconsin: sis, but that is not a reason to vote gance, gall, the effrontery of it all. Aspin–Y. against going in at all, because he did They are not strong enough. Klug–Y. We must turn to Yiddish, one of the Gunderson–Y. not know when we were going in. Kleczka–N. Mr. ROHRABACHER. If I could re- world’s most powerfully expressive and Moody–N. claim my time for a moment? emotional languages. The word with Petri–Y. Mr. DORNAN. Sure. great accent ‘‘chutzpah’’ comes to Obey–N. Mr. ROHRABACHER. Actually, it is mind, that they would ask us, without Roth–Y. worse than what you are presenting. even being consulted, let alone a ful- Sensenbrenner–Y. The fact is that we had hundreds of some debate, as President Bush and Wyoming: thousands of Americans in the desert Dick Cheney gave us, that we should Thomas–Y. in a very vulnerable situation. They sign off on some feel-good thing from f were in a hostile environment, even if the other Chamber without being con- there were no enemy troops out to kill ENERGY AND ENVIRONMENT sulted about the air war that may be them; and what happened, what you SUBCOMMITTEE FIELD BRIEFING beginning any second over there of hos- are talking about, the vast majority of tilities again affronting our Constitu- The SPEAKER pro tempore. Under the members of the Democratic Party tion. the Speaker’s announced policy of May who were here in this body decided and b 1430 12, 1995, the gentleman from California voted that they should not be per- [Mr. ROHRABACHER] is recognized for 60 mitted to conduct offensive military A final thought. I leave you now to minutes as the designee of the major- operations. go to the West Front, Ronald Reagan ity leader. What, in essence, that vote was all the first President ever sworn in out Mr. DORNAN. Mr. Speaker, if the about was saying our troops, vulner- there, where bishops, cardinals of the gentleman will yield for a second. able in the middle of a hostile desert, Catholic Church, bishops of the Mor- Mr. ROHRABACHER. Yes; I would. facing a well-armed foe would not be mon Church, prolife ministers and pas- Mr. DORNAN. I thank my colleague able to conduct offensive operations tors, great evangelical leaders and pro- for yielding. but would have to sit there and fry in life rabbis are gathering to ask the I made reference earlier to your hard- the desert and take hits, but were not U.S. Senate, six hardened hearts, to hitting, factual, truthful special order permitted to take offensive action. turn around and support the over- last night with CHRIS COX, and I would This is Vietnam times 10, if they whelming majority of theHouse and like to ask unanimous consent that would have succeeded. Luckily a num- Senate to override Clinton’s veto on this not interrupt the flow of this fas- ber, Democrats crossed over to join al- partial birth infanticide of 80-percent- cinating environmental presentation, most every Republican. delivered babies held in the mother’s but that my question of you and my Mr. DORNAN. 240 to 183. birth canal under great distress to the short statement hear appear at the be- Mr. ROHRABACHER. Right. Almost mother, heck with the distress on the ginning of your special order so it has every Republican voted to side with baby, because the abortionist is about a flow from special order. our troops. to stab it in the back of its head and The SPEAKER pro tempore. Is there You do not put people out in that remove its brains by suction. I am objection to the request of the gen- condition unless you are willing to going out there now to that. tleman from California? back them up, and the last thing you Mr. ROHRABACHER. Reclaiming my There was no objection. want to do is put them out in the mid- time, Mr. Speaker, I have always be- Mr. DORNAN. What I wanted to do dle of the desert as it is going into lieved that there is an honest disagree- was to point out at the end of my spe- summertime and make them sit there ment on the issue of pro-life and pro- cial order, because I got caught a little and make them take the hits for not choice and the abortion issue. I person- about there, that I have asked unani- letting offensive military operations ally, until I came to the conclusion mous consent they duplicate it to put take place. that life begins at conception, I was it in the RECORD at the end of my re- They voted that way, and then when ambivalent about this whole issue. But marks for any Americans tracking us Schwarzkopf came here, when he came once you come to a conclusion, once September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10365 you say to yourself, I honestly believe four other members of the Committee Thickness Tolerance: ±1/64′′ that we are talking about a baby, once on Science: Mr. SCHIFF, the distin- (Equivalent to A/C plywood specifications) you actually say to yourself this is the guished chairman of the Basic Re- Weight conclusion I have come to, and looking search Subcommittee, Mr. CALVERT, 1.0–1.25 pounds per square foot (nominal 3/4′′ at all the facts, then that is it. There is Mr. FOLEY, and Mr. STOCKMAN. The basis) (Internally Tested) no more decision. If you believe life be- field briefing could well have been Density gins at conception, you cannot permit called: Free Enterprise Works. Each of 20 pounds per cubic foot (nominal 3/4′′ basis) the killings of babies. the sites that we visited gave us a first- (Internally Tested) Many of our colleagues have an hon- hand look and a better understanding Bending Strength est disagreement. They have not come of the private sector’s response to envi- ASTM D 1037 @ 50% RH to that. Their eyes have not been ronmental challenges. We found that in Modulus of Rupture: 1,000–1,300 PSI (Timber opened to that. I did not believe that southern California new technologies Products Inspection Lab) all the time, either. But as soon as I are emerging to clean and purify the Modulus of Elasticity: 150,000–200,000 PSI did, then my decisionmaking was past. environment and to make a profit, to (Equivalent to low density particleboard specifications) No moral person could permit a baby boot. to be killed. We began the day by attending a Flat Crush But a partial birth abortion, even ground-breaking for C-launch. This is ASTM C 365 @ 50% RH: 50–60 PSI (Internally those people who do not believe that an innovative project of the Boeing Tested) life begins at conception, as I now have Corporation which will launch com- Screw Withdrawal come to believe, even those people who mercial satellites from platforms based ANSI A208.1 @ 50% RH: do not believe that know that a partial at sea. I am particularly pleased that Hollow Core: 76 pounds (Timber Products In- birth abortion is a baby that is well Boeing has chosen the site of the now spection Lab) Epoxy Filled Core: 254 pounds along the way. closed Long Beach Naval Station for Mr. DORNAN. You see the arms and its home port, bringing much-needed Linear Expansion legs moving. jobs to the area. 50%–90% RH: 0.15%–0.20% (Fiber Research Mr. ROHRABACHER. This really is We next visited the Long Beach head- International) tragic that the other side, who is so op- quarters of Gridcore. Gridcore is a Flame Spread posed to any restrictions on abortion, company that has commercialized ASTM E-84: Class C (United States Testing have been able to blind themselves technology originally developed at the Company) about what this is. There should be no Department of Agriculture research lab Flame Spread Index: 115 Test performed on Gridcore question about this. in Wisconsin. They are a proud exam- Smoke Density: <450 Gridboard assembly. Mr. DORNAN. Senator DANIEL PAT- ple of a public-private partnership. Environmental Features RICK OYNIHAN M is changing his vote. At The result of this cooperation is a re-  least one has let his conscience kick in. markable product. They are panels Current Gridcore products are made from 100% recycled resources, primarily kraft He wrote a speech titled ‘‘Too Close to with the strength of plywood at half fiber from old corrugated containers. Infanticide.’’ Great cardinals and bish- the weight made from 100 percent recy- Gridcore is free of formaldehyde’s and urea ops and Protestant leaders have said it cled material, primarily fiber from old reins. Non-toxic PVA (white) glue is used to is infanticide, and that is what I say. corrugated cardboard containers. It is laminate sub-panels. The manufacturing Eighty percent of the infant is there, keeping our landfills from overflowing process generates no toxic off-gasses. The You are holding the mother in distress while at the same time producing a water utilized in the forming & pressing cy- cles is recycled back into the system. Wide- while you take its brains out and kill building substitute for trees.  it right in front of your eyes. That is Even more, this technology allows spread adoption of Gridcore can slow defor- the production of Gridcore products estation and provide sustainable building so- infanticide. lutions for the growing needs of Twenty- Mr. ROHRABACHER. Let us just without the use of toxic resins or bind- First Century development. ers. Not only is Gridcore made from re- hope, I happen to believe that we NOTE.—Changes in raw material content should try to explain in a very heart- cycled materials, but the product itself can affect the structural characteristics of felt, way, those of us whose eyes have is also recyclable. the panels. If surfaced with coatings, veneers been opened, that honestly, there is no So what we have here, a product of a or laminates, Gridcore should be balanced other, once you conclude that life be- basically public-private partnership, is with similar treatments on both faces to pre- gins at conception you cannot have the development of an environmental vent warping. any other belief. Even the most stri- technology that will keep our landfills Mr. ROHRABACHER. Mr. Speaker, as dent person who is pro-choice that I from overflowing, but at the same time part of its commercialization agree- know, if they believed that it was a save trees, and at the same time, of ment with the Government, Gridcore is baby that we were talking about, they course, make a profit for those who are paying royalties on its profits. As a re- would not believe that there should be engaged in the enterprise. sult, the taxpayers will get more back an abortion. Mr. Speaker, I ask unanimous con- in terms of what Gridcore is giving Mr. DORNAN. Beautifully put. You sent to enter Gridcore’s specification them through royalties than it costs us have actually picked up the theme of sheet at this point in the RECORD. in the original investment. the cardinals, to try and win by persua- The SPEAKER pro tempore (Mr. Well, I have been somewhat skeptical sion. But when you are a fighter pilot, BARTON of Texas). Is there objection to of developing a partnership-type rela- that is hard. Your dad is a fighter the request of the gentleman from tionship between government and pri- pilot. Ask your dad how hard it is to be California? vate companies. In this case it has ob- loving and kind and try to open peo- There was no objection. viously worked, and certainly these The specification sheet referred to is ple’s eyes when they keep trying to royalty arrangements by which private as follows: funnel Federal dollars into what is ob- companies commercialize government-  viously the infanticide of a living GRIDCORE developed technologies, certainly this child, 80 percent born. I am going to SPECIFICATION SHEET should be encouraged, and in this case, take your advice and speak with love Product description Gridcore has developed a product which  out there on the West Front today. Gridcore is an engineered molded fiber is a win for the taxpayers, a win for the Mr. ROHRABACHER. I think we stressed skin panel. Proprietary technology consumers, and a win for the environ- facilitates the pressure forming of recycled should. resources into three dimensional geometric ment. Mr. Speaker, I asked for this time to ribs molded to smooth faces. When lami- From Gridcore, our field briefing report to theHouse on a field briefing nated together, they form a honeycomb went on and we visit the headquarters and site visit that was held on August panel with high strength-to-weight features of Simple Green in Huntington Beach. 8, a hearing and field briefing that was and impressive design, fabrication and appli- Simple Green began in the family hosted by the Energy and Environ- cation flexiblity. workshop of Bruce Fabrizio and his fa- mental Subcommittee which I chair. Size ther, Joseph. They successfully devel- Joining me at that field briefing were 4′ x 10′ x 23/32′′ (Internally Tested) oped an alternative to toxic cleaners H10366 CONGRESSIONAL RECORD — HOUSE September 12, 1996 used to remove tannic acid that results Again they are making money by ingly greater surface area for Simple Green from coffee roasting. Twenty years building a better more effective prod- and water to attack. The end result of the later they have developed an all-pur- uct that will be better for the environ- MPF process is the pollutant is much more pose cleaner that degreases products ment as the product is being used. available to the microbial community. Simple Green has invested millions of dol- marketed around the world, and these Mr. Speaker, I ask unanimous con- lars in independent testing and research to products are nontoxic nonflammable, sent to place a statement from Simple thoroughly evaluate the products, the effi- nonabrasive, and even biodegradable. Green, on its bioremediation research, cacy and safety. One of the greatest obstacles to this into the RECORD. According to Dr. John Todhunter, Presi- success, to the development of an envi- The SPEAKER pro tempore (Mr. dent, Science Regulatory Services, Inter- ronmentally friendly product, a clean- BARTON of Texas). Is there objection to national, and former head of toxicology for er that went well beyond anything that the request of the gentleman from the U.S. Environmental Protection Agency, was on the market at that time, one of California? ‘‘Simple Green’s unprecedented MPF process is a scientifically advanced method of the greatest obstacles they had to There was no objection. achieving effective cleaning.’’ overcome was the high taxes, high in- The statement referred to is as fol- In the past, surfactants have been used in terest rates and double-digit inflation lows: bioremediation with minimal success. What during the 1970’s. SIMPLE GREEN—THE KEY TO ENVIRONMENTAL makes Simple Green different? Simple This was the time during the late TECHNOLOGY Green’s combination of surfactants has been 1970’s when, as entrepreneurs, they For more than 20 years, Simple Green has found to actually encourage bacterial activ- struggled to establish their new com- been helping make our planet a much clean- ity. While surfactants alone such as Tergitol pany to offer this environmentally er place. Unlike hazardous solvents and can actually inhibit bacteria growth due to harsh detergents, Simple Green’s unique for- toxicity. sound alternative to the cleaning prod- H & H Eco Systems of North Bonneville, ucts that were already on the market. mula is non-toxic, non-flammable and biodegradable. WA, founded by Terry Horn, has established But with high interest rates and a kill- itself on the leading edge of biological sys- er inflation they were almost kept off Now marketed throughout the world as an environmentally sensitive cleaner and tems. of the market simply by the general degreaser, Simple Green’s reputation contin- Terry Horn, President of H & H Eco Sys- economic conditions. ues to grow. tems and with 20 years of experience in the So let us never forget that when we Simple Green is versatile, safe and effec- field, realized that no one single bioremedi- are talking about cleaning the environ- tive. We’re still discovering brand-new appli- ation approach would work. Bioremediation ment or any other very laudable goal cations for its use. At home, industry, and, needs to be individually assessed for every site. that we must insure that the fun- now even in the land, as an integral part of promising new techniques for bioremedi- Because of heterogeneity in the distribu- damental economic factors that are at tion of pollutants, indigenous micro-orga- play in our society are conducive to en- ation. Bioremediation is proving to be an attrac- nisms and soil components, bioremediation trepreneurs developing new products tive alternative for waste disposal. The Unit- methods in a given project vary from site to and creating jobs and basically bring- ed States Environmental Protection Agency site. ing about the progress that will make defines bioremediation as ‘‘a process where- The approach developed by H & H Eco Sys- this a better world. by naturally occurring microbes, typically tems, Inc. is unlike any other. It’s called Well, once they were successful, Sim- bacteria or fungi, degrade harmful chemicals ‘‘the bio-triangle’’ approach. into less toxic or non-toxic compounds.’’ The ‘‘attack’’ on contaminants involves a ple Green did not stop at just making combination of Simple Green, biological and a good product and making a profit. In One of the most difficult problems in bioremediation is that the pollutant is often mechanical components. Simple Green fact, the product itself, of course, is chemically acts to alter the physical com- beneficial in that it is more environ- not readily available to the microbial community. Material that disperse organic pol- position of the contaminant whileH & H Nu- mentally safe than the other cleaners lutants prove to be a very important part of trients provide a balanced biological diet, that are on the market, but they did an effective bioremediation process. Even at and the System 614 Turbo-rator serves as the not stop at just making a profit at relatively low levels compared to the pollut- mechanical component to enhance this proc- doing that. They went on to establish ant concentration. ess. Simple Green has proven to be outstanding Simple Green is also an extremely effec- the Egbar Foundation which stands tive vapor suppressant able to keep vapors for: everything is going to be all right, for this kind of intermediary function. Sim- ple Green’s chelating capacity decreases below state and Federal levels. Its deodoriz- which is, of course, in stark contrast to ing properties, even at diluted levels, help some of the pessimism that we hear metal toxicity problems and its formulation significantly increases the bioavailability of overcome tough odor problems, particularly from other people who claim to be in- many types of pollutants. a concern when doing sites in residential terested in the environment but basi- Bacterial viability is a critical consider- areas. cally are so pessimistic and are making ation for any additive proposed for use in a Celia Bonaventura states ‘‘as a cleaner such outlandish claims that the world bioremediation effort. Simple Green has Simple Green makes a good dispersion be- properties that will increase the effective- tween the hydrocarbon or oily material and is going to end and that we all are water. As the material is held in that con- going to be consumed in our own waste ness of bioremediation, and could be used safely with no deleterious effect on the in- tact it’s tendency to vaporize will be much that it actually decreases the amount less. Thus there is a very nice complimen- of activity, of human activity, that is digenous bacteria. According to Celia Bonaventura, Co-Direc- tary between the cleaning properties of Sim- aimed at solving the problems because tor, Marine Biomedical Center Duke Univer- ple Green and it’s ability to act as a vapor they are so pessimistic. sity Marine Laboratory, ‘‘The part that Sim- suppression.’’ Today, we are working on sites and show- Well, the Simple Green people estab- ple Green plays in this process is facilitating ing that we have improved the efficiency of lished this foundation, everything is the hydrocarbon bacterial juxtaposition. Hy- the biological systems and that our approach going to be all right, in order to stimu- drocarbons tend to stay in oily pockets and works. bacteria likes to live in watery places and late new ideas and to get people active ‘‘We’ve looked at the growth rates of these Simple Green works well to help these come and personally mobilized to try to bacteria under different conditions in labora- together.’’ make this a better planet environ- tory settings where we would control the Simple Green’s cutting edge formulation temperature and everything in the environmentally. Using 1 percent of the com- and superior results is something chemists ment of the bacteria and we’re able to see pany’s annual sales, the foundation call Micro-Particulate-Fractionalization, or how Simple Green is one of these facilitators sponsors an environmental education MPF. which actually enhance the growth of the program which involves over 200,000 Simple Green uses special ‘‘surface active’’ bacteria in ways that promoted degradation California students. agents to break down large globs of oil, of the hydrocarbon.’’ grease and fat to create much smaller micro- While onsite we learned that Simple The results produced by this collaboration scopic droplets called ‘‘micelles.’’ Green has recently begun research on between Simple Green and H & H Eco Sys- Unlike ordinary industrial cleaners and using its technologies to improve bio- tems are both encouraging and impressive. remediation techniques. They now dispersants, Simple Green’s special MPF properties continue breaking down these mi- BREMERTON, WASHINGTON—CONTAMINATE: have developed a method to reclaim croscopic droplets even further. HEATING OIL (B–2) land despoiled by oil and other toxics These droplets are made increasingly Date and levels: 12/03/93, 2,400 ppm; 02/08/93, in a more effective and more efficient smaller and more numerous by Simple 53 ppm; Outside Ambient Temperature, 20° F; way than the currently alternatives. Green’s MPF process, which provide increas- Cell Temperature, 70° F. September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10367 CLEELUM, WASHINGTON—CONTAMINATE: It’s a dedication all of us at Simple Green esis Co., and it is based in San Juan PENTACHLOROPHENOL (PCP) invite you to share. Capistrano, demonstrated a bioremedi- Date and levels; 06/18/93, 87 ppm; 06/25/93, 9.5 While at Simple Green, we also vis- ation technique known as oxygen re- ppm. ited with representatives of Microbics, lease compound. By inserting the CLEELUM, WASHINGTON—CONTAMINATE: which is a company based in Carlsbad, compound into a well, naturally occur- CREOSOTE CA. They demonstrated a biological ring micro-organisms flourish and use Date and levels: 06/18/98, 1000 ppm; 06/25/93, toxicity test the company has devel- the petroleum hydrocarbons as a food 9 ppm. oped with private funds. They believe source. What has developed then is a CLEELUM, WASHINGTON—CONTAMINATE: DIESEL that this test is faster, less expensive, product that protects our valuable Date and levels: 06/18/03, 530 ppm; 06/25/93, 20 and more precise than test methods water resources and cost-effectively re- ppm. currently approved in the United claims that water that has already SAUVIN FORD, OREGON—CONTAMINATE: USED States. So they showed us a test that been contaminated. MOTOR OIL would demonstrate biological toxicity Mr. Speaker, I include the Regenesis Date and TPH level: 11/14/92, 35,000 ppm; 12/ in a way that we then, we have used project results for the RECORD. 16/92, 13,000 ppm; 01/21/03, 850 ppm. that knowledge to try to clean the en- OLYMPIA, WASHINGTON—CONTAMINATE: vironment and know the threats The information referred to is as fol- GASOLINE AND KEROSENE around us. lows. Date and levels: 06/14/93, 3000–6000 ppm; 06/ Although approved in Canada and in ENVIRONMENTAL SCIENCE & 23/93, 32 ppm. eight European countries, our EPA has ENGINEERING, INC., Terry Hom states, ‘‘This was a really high yet to see the value of this very effec- Fountain Valley, CA, September 4, 1996. MR. CRAIG SANDEFUR, clay soil and now it’s a real mealy soil, very tive, low-cost test for toxicity. Thus, it fine texture able to be used in agriculture, in Regeoesis Bioremediation Products, San Juan lawns and gardens. Compared to what we has been hampering its commercial use Capistrano, CA. in the United States. This reconfirms started with, it was nothing but a slab of silt DEAR MR. SANDEFUR: Environmental and clay. Silt and clay level on this was 87 the hesitation many of us have about Science & Engineering, Inc. (ESE) is pleased percent fines which means you could squeeze increasing government’s role in most to submit this report of current activities at it together and play baseball with the hunks. endeavors. While in Gridcore there was the subject site. A figure, tables and appen- We’ve ended up with a soil that now will an example, of course, where working dices of current and historical data are at- grow anything. Before it sat for 21⁄2 years together and getting the Government tached. without any growth on it at all, now we have involved actually did help that com- On August 6, 1996, ESE installed oxygen re- stuff coming out of it within two weeks.’’ lease compound (ORC) in Well MW–9. ESE is At Simple Green, the research and develop- pany produce a similar, a new product evaluating the effects of the ORC at 2-week ment we fund, the products we make, and that will help the environment; but in intervals by collecting a grab sample (non- the soil bioremediation techniques we’re this particular case with this company purge) and monitoring the concentrations of helping to pioneer, all share a common goal: down from Carlsbad, the Microbics, we petroleum hydrocarbons in the well. As the To help make the world a cleaner and better found that the Government’s power rate of biodegradation of petroleum hydro- place. that it has through the EPA has been carbons is controlled partly by the availabil- But perhaps Bruce FaBrizio, Founder and used to actually thwart innovation and CEO of Simple Green, describes the compa- ity of dissolved oxygen (DO), ESE believes ny’s philosophy best: progress. that by monitoring the amount of DO, you ‘‘The world is a finite piece of ground, the So that is one of the drawbacks. Gov- can better evaluate the effectiveness of the environment is finite and not infinite, and if ernment can be helpful on one hand ORC. The historical monitoring data is pre- we don’t do something aggressive now it and you strengthen it, but you have to sented on the next page. won’t be there for our grandchildren and yet remember you are also strengthening The results of this groundwater monitor- there is plenty of time to make it a better the Government’s hand to be an ob- ing event shows that petroleum hydro- place for our grandchildren if we just start structionist in the game of human carbons decreased several orders of mag- doing things that are in our ability today.’’ progress. nitude in 2 weeks time. The concentrations Our atmosphere, attitude and actions Our final stop at the field briefing in this well had remained high for approxi- haven’t been concocted to achieve a certain mately 5.5 years prior to the application of appearance. They stem from a natural dedi- was at a site of a former leaking under- ORC. The levels of petroleum hydrocarbons cation to excellence and improving the envi- ground storage tank behind the Foun- increased at the 4 week sampling. ESE will ronment—something that’s been with us tain Valley City Hall. That is Fountain conduct groundwater monitoring in the fu- from the very beginning. Valley, CA, city hall. There the Regen- ture to track the fluctuations in these levels. ANALYTICAL RESULTS FOR GROUNDWATER SAMPLES COLLECTED OVER TIME

EPA Method (µg/L) Dissolved Well ID and Sample date 8015M 8020 oxygen (mg/ L) TPH B T E X

MW–9: 08/17/90 ...... 3,400 470 810 84 850 NA 04/03/92 ...... 26,000 700 1,000 500 2,000 NA 10/20/92 ...... 94,000 11,000 18,000 24,000 5,000 NA 10/10/93 ...... 39,000 2,900 5,600 1,400 8,400 NA 01/06/94 ...... 10,000 1,900 2,000 630 2,900 NA 04/27/94 ...... 9,600 810 700 720 2,100 NA 04/07/95 ...... 1,700 42 14 130 280 NA 10/31/95 ...... 8,100 1,000 440 330 990 *2.3 03/25/96 ...... 10,000 660 540 440 860 <1 08/06/96 ...... NA NA NA NA NA <1 08/20/96 ...... ND<100 0.84 ND<0.3 0.55 4.0 1.6 09/03/96 ...... 15,000 ND<12.5 320 ND<12.5 3,800 2.6 Notes.—EPA—U.S. Environmental Protection Agency; TPH—total petroleum hydrocarbons as gasoline; M—modified for volatile hydrocarbons; BTEX—benzene, toluene, ethylbenzens and total xylenes; NA—not analyzed; µg/L— micrograms per liter; mg/L—milligrams per liter; ND—not detected; *—readings taken after purging.

If you have any questions regarding this it is too important to just simply rely son that we must keep in mind while report, please call me at (714) 964–8722. on the dictates of government employ- making policy for this country. Sincerely, ees to meet the environmental chal- Many of our environmental problems DAVID A. FERREIRA, lenges facing America. have been and will continue to be Senior Project Hydrogeologist. Instead of Federal restrictions and solved not by reducing our standard of Mr. Speaker, I believe my colleagues mandates, new technology and the living, not by increasing the cost of on the Committee on Science, as I did, profit motive can and must be the pri- government and hiring government found these site visits to be enlighten- mary forces at work in this effort. We employees to look over our shoulder ing and informative. The environment can clean the environment and make a and control our lives, but, instead, is too important simply to be relegated profit in doing so. That is what we through innovative technology and to a Federal bureaucratic program, and learned at our field briefing. It is a les- commercialization developed in the H10368 CONGRESSIONAL RECORD — HOUSE September 12, 1996 private sector, and motivated, moti- been in my lifetime. When I was in Republicans are protecting the ability vated by the profit motive. high school, and I tell these kids, when of the wealthy to send their children to Unfortunately, far too many people I was in high school, about every third college at the same time they limit the in government think that the profit day when you wanted to go out for a ability average American parents to motive is a dirty phrase. gym class they would say, there will be send their children to college. Instead, the profit motive can give no exercise today because we are hav- The latest Republican plan resumes people the incentive to do good things, ing a smog alert, a heath alert, and attack on the most important student rather than the alternative method, young people cannot go out and exer- assistance programs for middle- and which is having government order peo- cise and breathe in that air because it low-income families. TheHouse’s bill ple to do that which they think is a is unhealthy. Of course, there have allows for a mere 1.2-percent increase good thing. only been about 20 such days like that in the maximum Pell grant award as What we have seen throughout this in southern California per year for the compared to the President’s budget re- competition between the Soviet Union last few years. quest. This lack of funding would serve and the United States is that societies Mr. Speaker, what we have is a pes- 191,000 fewer students next year and 2.7 that are based on incentives, societies simism, talking about global warming, million fewer between 1997 and 2002. which give their people a profit motive global cooling. We are talking about The Republican plan also eliminates to produce and to do good things and to factors that are gong to destroy all of the Federal contribution to the fund increase the standard of living and mankind that immobilize us, when, infor Perkins Loans thereby denying low- produce more wealth and to clean the stead, we should be giving incentives interest loans to 96,000 students in the environment, that those societies are for people to develop new technologies coming school year. TheHouse’s edu- the progressive societies. Those soci- that will make it a better place and en- cation bill also effectively realizes a eties that rely on hiring more govern- courage people to be active, rather long-time Republican objective of deci- ment bureaucrats or hiring more gov- than to give up. Mr. Speaker, this is a mating the Direct Loan Program by ernment employees and empowering Republican message of hope, but it is capping the number of direct loans them to give orders to other people in also an American theme. through a reduction in funds to admin- order to accomplish those ends have f ister the program. In addition, Repub- not succeeded. That is why when the licans are also proposing to eliminate Berlin Wall went down, people started EDUCATION CUTS the AmeriCorps Program, which allows rushing from the East to the West, and The SPEAKER pro tempore (Mr. individuals to earn rewards for higher not in the other direction. BARTON of Texas). Under a previous education in exchange for community Finally, Mr. Speaker, I would like to order of theHouse, the gentleman from service. go back to Simple Green’s motto: New Jersey [Mr. PALLONE] is recog- On the other hand, Democrats in EGBAR, everything is going to be al- nized for 5 minutes. Congress and President Clinton have right. This is not the blather of some Mr. PALLONE. Mr. Speaker, earlier truly been promoting a plan to expand unrealistic optimist. The EGBAR con- this week while out on the campaign educational opportunity throughout cept, everything is going to be all trail Republican Presidential candidate the 104th Congress. The administration right, is in stark contrast to what is Bob Dole claimed that if he were elect- and WhiteHouse have joined together basically being presented to especially ed President, he would make education to fashion the Families First agenda— young people in this country in terms the cornerstone of his administration a plan that will not only increase the of the environment. policy. I want to warn the American I know that young people who visit minimum level of education obtained people to beware—the Republicans, led from California come to visit me in my by the average citizen, but assist them office, and I in fact have a policy that by the dormant Presidential campaign in obtaining it. The Democrats want to says any people from my district who of Bob Dole, are once again trying to provide American families with a want to see me, I am their Congress- convince the American people that $10,000 tax deduction for college and job man, and they come all the way to their agenda to reduce funding for Fed- training—under this plan families will Washington, DC, I spend time with eral education programs and restrict be able to deduct up to $10,000 from them, especially the young people, es- access to higher education is the way their taxes for tuition at college grad- pecially students who come here as a to strengthen the country’s edu- uate school or job training programs. group. cational system. Democrats are also proposing to pro- It never ceases to amaze me, when I One need only to look at the Repub- vide a $1,500 tax credit for the first 2 am talking to the young people and I lican’s record on education in the 104th years of college for students who are ask them about air pollution. In south- Congress to come to the conclusion prepared to work hard, keep a B aver- ern California, we know all about air that there objective is exactly the op- age, and stay off drugs. This proposal pollution. But what has happened is posite of what Bob Dole says it is. In will, moreover, help strengthen our that the young people are being told short, it is abundantly clear that Re- education system by providing assist- that air pollution today is the worst it publicans who run Congress are deter- ance to students to help them obtain at has ever been, and that their lives are mined to destroy the quality of edu- least 2 years of postsecondary edu- being shortened, and they are fright- cation in America. cation or through the assistance could ened out of their wits. During last year’s budget negotia- also be used to get a good start on tui- But I always take this poll and say to tions, the Republicans tried to black- tion at a 4-year college. the young people visiting from south- mail the Nation into accepting their In short, Democrats have not only ern California, ‘‘Is the air cleaner extremist budgetary agenda by forcing proposed expanding traditional student today, or is it worse today than when I repeated Government shutdowns. Two assistance programs as opposed to the went to high school back in southern times they succeeded in shutting the Republicans, who have voted time and California 30 years ago?’’ And it hap- Government down, and both times again to cut these programs; we have pens every time. Almost every student Democrats in the Congress and Presi- also developed new educational plans raises their hands and says, the air is dent Clinton stood firm, telling the Re- to ensure that the dream of a college much dirtier now than it was when you publicans we would not allow them to education does not reside exclusively were in high school back in southern gut education. in the domain of America’s wealthiest California 30 years ago. It is terrible, The Republicans, however, have not citizens. So when Bob Dole promises to because now it is going to destroy our given up. With just a few weeks left be- make education the centerpiece of his health, we are going to live worse lives, fore Congress adjourns for the remain- administration, I would say watch out, and it is terrible how the big compa- der of the year, the Republicans, with because that means the budget ax is nies are trying to hurt us so much. You Bob Dole’s blessing, are yet again push- coming and access will be diminished. have these young people telling you ing an education agenda that would re- Mr. Speaker, we can only hope that that. strict access to higher education in at some point the extremist Repub- In fact, in southern California, the this country by gutting student assist- lican forces in Congress will realize air is cleaner today than it has ever ance programs. It’s the same old story: that the American people will reject September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10369

their radical plan to gut education, Mr. BENTSEN. to make these regulations effective as of Oc- health, and the environment no matter Mrs. MALONEY. tober 1, 1996. how many forms it takes, and no mat- Mr. LIPINSKI. Sincerely, GLEN D. NAGER, ter how many times they try. If they Mr. BORSKI. Chair of the Board. do not realize it now, they certainly Mr. SPRATT. OFFICE OF COMPLIANCE—THE CONGRESSIONAL will in November. Ms. DELAURO. ACCOUNTABILITY ACT OF 1995: EXTENSION OF f (The following Members (at the re- RIGHTS, PROTECTIONS AND RESPONSIBILITIES quest of Mr. GOSS) and to include ex- UNDER CHAPTER 71 OF TITLE 5, UNITED LEAVE OF ABSENCE traneous matter:) STATES CODE, RELATING TO FEDERAL SERV- By unanimous consent, leave of ab- Mrs. SMITH of Washington. ICE LABOR-MANAGEMENT RELATIONS (REGU- sence was granted to: Mr. EWING. LATIONS UNDER SECTION 220(D) OF THE CON- GRESSIONAL ACCOUNTABILITY ACT) Mrs. COLLINS of Illinois (at the re- Mr. FIELDS of Texas. quest of Mr. GEPHARDT), for September Mr. HORN. NOTICE OF ISSUANCE OF FINAL REGULATIONS 11, 1996, on account of personal illness. Mrs. JOHNSON of Connecticut. On July 9, 1996, the Board of Directors of the Office of Compliance adopted and sub- Mr. MCNULTY (at the request of Mr. (The following Members (at the remitted for publication in the Congressional GEPHARDT), for today, on account of quest of Mr. PALLONE) and to include extraneous matter:) Record final regulations implementing sec- personal business. tion 220(d) of the Congressional Accountabil- Mr. CLINGER (at the request of Mr. Mr. YOUNG of Alaska. ity Act of 1995 (CAA), which extends to the ARMEY), for today, on account of per- Mr. SOLOMON. Congress certain rights, protections, and re- sonal reasons. Ms. KAPTUR. sponsibilities under chapter 71 of title 5, Mr. SCOTT (at the request of Mr. GEP- Mr. RIGGS. United States Code, relating to Federal serv- HARDT), for today, on account of per- Mr. GORDON. ice labor-management relations. On August sonal business. Mr. BEVILL. 2, 1996, theHouse agreed both to H. Res. 504, Mr. ROTH. to provide for the approval of final regula- f tions that are applicable to the employing Mr. POMEROY. offices and covered employees of theHouse, SPECIAL ORDERS GRANTED Mr. SANDERS. and to H. Con. Res. 207, to provide for ap- By unanimous consent, permission to Mr. SHAYS. proval of final regulations that are applica- address theHouse, following the legis- Mr. TOWNS. ble to employing offices and employees other lative program and any special orders Mr. BENTSEN. than those offices and employees of theHouse heretofore entered, was granted to: Mr. BARCIA in three instances. and the Senate. As of the date of this Notice, the Senate has yet to approve the 220(d) reg- (The following Members (at the re- Mr. JOHNSON of South Dakota. Mrs. COLLINS of Illinois. ulations for itself or to act on H. Con. Res. quest of Mr. ENGEL) to revise and ex- 207. Mr. MCINTOSH. tend their remarks and include extra- The Board understands passage of H. Res. neous material:) Mr. JACOBS. 504 to constitute approval under section Ms. JACKSON-LEE of Texas, for 5 min- Mr. MENENDEZ. 304(c) of the CAA of the Board’s section utes, today. Mr. ENGEL. 220(d) regulations as applicable to employing Mr. PALLONE, for 5 minutes, today. Mr. HUNTER. offices and covered employees of theHouse (other than thoseHouse offices expressly list- Mr. FIELDS of Louisiana, for 5 min- Mr. MILLER of California. f ed in section 220(e)(2)). Accordingly, pursu- utes, today. ant to section 304(d) of the CAA, the Board Mr. VOLKMER, for 5 minutes, today. A BILL PRESENTED TO THE submits these regulations to the Speaker of (The following Members (at the re- PRESIDENT theHouse of Representatives and the Presi- quest of Mr. HAYWORTH) to revise and dent pro tempore of the Senate for issuance extend their remarks and include ex- Mr. THOMAS, from the Committee by publication in the Congressional Record. traneous material:) on House Oversight, reported that that Pursuant to paragraph (3) of section 304(d) of the CAA, the Board finds good cause for Mr. TALENT, for 5 minutes, today. committee did on the following date present to the President, for his ap- advancing the effective date of theHouse reg- Mr. HEFNER, for 5 minutes, today. ulations from 60 days after their issuance to (The following Members (at the re- proval, a bill of theHouse of the following title: October 1, 1996. That date corresponds with quest of Mr. GOSS) to revise and extend the effective date of application of CAA sec- their remarks and include extraneous On September 11, 1996: tion 220 to the Congress. The Board finds material:) H.R. 4018. An act to make technical correc- that the effective implementation of the tions in the Federal Oil and Gas Royalty Mr. METCALF, for 5 minutes, today. CAA is furthered by making these regula- Management Act of 1982. Mr. MICA, for 5 minutes, today. tions effective for theHouse on that effective f date rather than allowing the default provi- Mr. WELDON of Pennsylvania, for 5 sions of the CAA contained in section 411 and minutes, today. ADJOURNMENT the derivative regulations of the executive Mr. SAM JOHNSON of Texas, for 5 min- Mr. PALLONE. Mr. Speaker, I move branch to control the administration of the utes, today. that theHouse do now adjourn. statute during the sixty day period other- (The following Member (at his own The motion was agreed to; accord- wise required by section 304(d)(3) of the CAA. request) to revise and extend his re- Signed at Washington, D.C. on this 10th ingly (at 2 o’clock and 48 minutes marks and include extraneous mate- day of September, 1996. p.m.), under its previous order, rial:) GLEN D. NAGER, theHouse adjourned until Monday, Sep- Chair of the Board, Office of Compliance. Mr. MILLER of California, for 5 min- tember 16, 1996, at 12 noon. Accordingly, the Board of Directors of the utes, today. f Office of Compliance hereby issues the fol- f lowing final regulations: NOTICE OF ISSUANCE OF FINAL [Final Regulations] EXTENSION OF REMARKS REGULATIONS Subchapter C By unanimous consent, permission to U.S. CONGRESS, 2420 Purpose and scope revise and extend remarks was granted OFFICE OF COMPLIANCE, 2421 Meaning of terms as used in this sub- to: Washington, DC, September 10, 1996. chapter (The following Members (at the re- Hon. NEWT GINGRICH 2422 Representation proceedings quest of Mr. ENGEL) and to include ex- Speaker of theHouse, U.S. House of Representa- 2423 Unfair labor practice proceedings traneous matter:) tives, Washington, DC 2424 Expedited review of negotiability is- Ms. VELA´ ZQUEZ. DEAR MR. SPEAKER: Pursuant to Section sues 304(d) of the Congressional Accountability 2425 Review of arbitration awards Mr. FILNER. Act of 1995 (2 U.S.C. § 1384(d)), I am transmit- 2426 National consultation rights and con- Mr. STARK. ting on behalf of the Board of Directors the sultation rights on Government-wide Mr. ANDREWS. enclosed final regulations for issuance by rules or regulations Mr. KANJORSKI. publication in the Congressional Record. The 2427 General statements of policy or guid- Mrs. MINK of Hawaii. Board determined that there is a good cause ance H10370 CONGRESSIONAL RECORD — HOUSE September 12, 1996 2428 Enforcement of Assistant Secretary 2421.16 Petitioner. ment or any agency thereof or imposes a standards of conduct decisions and or- 2421.17 Eligibility Period. duty or obligation to conduct, assist, or par- ders 2421.18 Election Agreement. ticipate in such a strike. 2429 Miscellaneous and general require- 2421.19 Affected by Issues raised. (e) The term ‘‘dues’’ means dues, fees, and ments 2421.20 Determinative challenged ballots. assessments. Subchapter D § 2421.1 Act; CAA (f) The term ‘‘Board’’ means the Board of Directors of the Office of Compliance. The terms ‘‘Act’’ and ‘‘CAA’’ mean the 2470 General (g) The term ‘‘collective bargaining agree- Congressional Accountability Act of 1995 2471 Procedures of the Board in impasse ment’’ means an agreement entered into as a (P.L. 104–1, 109 Stat. 3, 2 U.S.C. §§ 1301–1438). proceedings result of collective bargaining pursuant to Subchapter C § 2421.2 Chapter 71 the provisions of chapter 71 of title 5 of the PART 2420—PURPOSE AND SCOPE The term ‘‘chapter 71’’ means chapter 71 of United States Code, as applied by the CAA. § 2420.1 Purpose and scope title 5 of the United States Code. (h) The term ‘’grievance’’ means any com- The regulations contained in this sub- § 2421.3 General definitions plaint— chapter are designed to implement the provi- (a) The term ‘‘person’’ means an individ- (1) By any employee concerning any mat- sions of chapter 71 of title 5 of the United ual, labor organization or employing office. ter relating to the employment of the em- States Code, as applied by section 220 of the (b) Except as noted in subparagraph (3) of ployee; Congressional Accountability Act (CAA). this subsection, the term ‘‘employee’’ means (2) By any labor organization concerning They prescribe the procedures, basic prin- an individual— any matter relating to the employment of ciples or criteria under which the Board and (1) Who is a current employee, applicant any employee; or (3) By any employee, labor organization, or the General Counsel, as applicable, will: for employment, or former employee of: (a) Determine the appropriateness of units theHouse of Representatives; the Senate; the employing office concerning— for labor organization representation under 5 Capitol Guide Service; the Capitol Police; (i) The effect or interpretation, or a claim U.S.C. 7112, as applied by the CAA; the Congressional Budget Office; the Office of breach, of a collective bargaining agree- (b) Supervise or conduct elections to deter- of the Architect of the Capitol; the Office of ment; or (ii) Any claimed violation, misinterpreta- mine whether a labor organization has been the Attending Physician; the Office of Com- tion, or misapplication of any law, rule, or selected as an exclusive representative by a pliance; or the Office of Technology Assess- regulation affecting conditions of employ- majority of the employees in an appropriate ment; or unit and otherwise administer the provisions (2) Whose employment in an employing of- ment. (i) The term ‘‘supervisor’’ means an indi- of 5 U.S.C. 7111, as applied by the CAA, relat- fice has ceased because of any unfair labor vidual employed by an employing office having to the according of exclusive recognition practice under section 7116 of title 5 of the ing authority in the interest of the employ- to labor organizations; United States Code, as applied by the CAA, ing office to hire, direct, assign, promote, re- (c) Resolve issues relating to the granting and who has not obtained any other regular ward, transfer, furlough, layoff, recall, sus- of national consultation rights under 5 and substantially equivalent employment as pend, discipline, or remove employees, to ad- U.S.C. 7113, as applied by the CAA; determined under regulations prescribed by just their grievances, or to effectively rec- (d) Resolve issues relating to determining the Board, but does not include— compelling need for employing office rules (i) An alien or noncitizen of the United ommend such action, if the exercise of the and regulations under 5 U.S.C. 7117(b), as ap- States who occupies a position outside of the authority is not merely routine or clerical in plied by the CAA; United States; nature, but requires the consistent exercise (e) Resolve issues relating to the duty to (ii) A member of the uniformed services; of independent judgment, except that, with bargain in good faith under 5 U.S.C. 7117(c), (iii) A supervisor or a management official respect to any unit which includes fire- as applied by the CAA; or; fighters or nurses, the term ‘‘supervisor’’ in- (f) Resolve issues relating to the granting (iv) Any person who participates in a cludes only those individuals who devote a of consultation rights with respect to condi- strike in violation of section 7311 of title 5 of preponderance of their employment time to tions of employment under 5 U.S.C. 7117(d), the United States Code, as applied the CAA. exercising such authority. as applied by the CAA; (3) For the purpose of determining the ade- (j) The term ‘‘management official’’ means (g) Conduct hearings and resolve com- quacy of a showing of interest or eligibility an individual employed by an employing of- plaints of unfair labor practices under 5 for consultation rights, except as required by fice in a position the duties and responsibil- U.S.C. 7118, as applied by the CAA; law, applicants for employment and former ities of which require or authorize the indi- (h) Resolve exceptions to arbitrators’ employees are not considered employees. vidual to formulate, determine, or influence awards under 5 U.S.C. 7122, as applied by the (c) The term ‘‘employing office’’ means— the policies of the employing office. CAA; and (1) The personal office of a Member of (k) The term ‘‘collective bargaining’’ (i) Take such other actions as are nec- theHouse of Representatives or of a Senator; means the performance of the mutual obliga- essary and appropriate effectively to admin- (2) A committee of theHouse of Represent- tion of the representative of an employing ister the provisions of chapter 71 of title 5 of atives or the Senate or a joint committee; office and the exclusive representative of the United States Code, as applied by the (3) Any other office headed by a person employees in an appropriate unit in the em- CAA. with the final authority to appoint, hire, dis- ploying office to meet at reasonable times § 2420.2 charge, and set the terms, conditions, or and to consult and bargain in a good-faith ef- Notwithstanding any other provisions of privileges of the employment of an employee fort to reach agreement with respect to the these regulations, the Board may, in decid- of theHouse of Representatives or the Sen- conditions of employment affecting such em- ing an issue, add to, delete from or modify ate; or ployees and to execute, if requested by either otherwise applicable requirements as the (4) The Capitol Guide Board, the Capitol party, a written document incorporating any Board deems necessary to avoid a conflict of Police Board, the Congressional Budget Of- collective bargaining agreement reached, but interest or the appearance of a conflict of in- fice, the Office of the Architect of the Cap- the obligation referred to in this paragraph terest. itol, the Office of the Attending Physician, does not compel either party to agree to a the Office of Compliance, and the Office of proposal or to make a concession. Part 2421—Meaning of Terms as Used in This Technology Assessment. (l) The term ‘‘confidential employee’’ Subchapter (d) The term ‘‘labor organization’’ means means an employee who acts in a confiden- Sec. an organization composed in whole or in part tial capacity with respect to an individual 2421.1 Act; CAA. of employees, in which employees partici- who formulates or effectuates management 2421.2 Chapter 71. pate and pay dues, and which has as a pur- policies in the field of labor-management re- 2421.3 General Definitions. pose the dealing with an employing office lations. 2421.4 National consultation rights; con- concerning grievances and conditions of em- (m) The term ‘‘conditions of employment’’ sultation rights on Government-wide ployment, but does not include— means personnel policies, practices, and rules or regulations; exclusive recogni- (1) An organization which, by its constitu- matters, whether established by rule, regulation; unfair labor practices. tion, bylaws, tacit agreement among its tion, or otherwise, affecting working condi- 2421.5 Activity. members, or otherwise, denies membership tions, except that such term does not include 2421.6 Primary national subdivision. because of race, color, creed, national origin, policies, practices, and matters— 2421.7 Executive Director. sex, age, preferential or nonpreferential civil (1) Relating to political activities prohib- 2421.8 Hearing Officer. service status, political affiliation, marital ited under subchapter III of chapter 73 of 2421.9 Party. status, or disability; title 5 of the United States Code, as applied 2421.10 Intervenor. (2) An organization which advocates the by the CAA; 2421.11 Certification. overthrow of the constitutional form of gov- (2) Relating to the classification of any po- 2421.12 Appropriate unit. ernment of the United States; sition; or 2421.13 Secret ballot. (3) An organization sponsored by an em- (3) To the extent such matters are specifi- 2421.14 Showing of interest. ploying office; or cally provided for by Federal statute. 2421.15 Regular and substantially equiva- (4) An organization which participates in (n) The term ‘‘professional employee’’ lent employment. the conduct or a strike against the Govern- means— September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10371 (1) An employee engaged in the perform- dition of employment. Such consultation member’s work performance or productivity ance of work— rights shall terminate when the labor orga- as an employee or the discharge of the mem- (i) Requiring knowledge of an advanced nization no longer meets the criteria pre- ber’s duties as an employee; type in a field of science or learning cus- scribed by the Board. Any issue relating to a (iv) Discriminating against an employee tomarily acquired by a prolonged course of labor organization’s eligibility for, or con- with regard to the terms or conditions of specialized intellectual instruction and tinuation of, such consultation rights shall membership in the labor organization on the study in an institution of higher learning or be subject to determination by the Board. basis of race, color, creed, national origin, a hospital (as distinguished from knowledge (2) A labor organization having consulta- sex, age, preferential or nonpreferential civil acquired by a general academic education, or tion rights under paragraph (1) of this sub- service status, political affiliation, marital from an apprenticeship, or from training in section shall— status, or disability; the performance of routine mental, manual, (i) Be informed of any substantive change (v) Refusing to consult or negotiate in mechanical, or physical activities); in conditions of employment proposed by the good faith with an employing office as re- (ii) Requiring the consistent exercise of employing office; and quired by chapter 71, as applied by the CAA; discretion and judgment in its performance; (ii) shall be permitted reasonable time to (vi) Failing or refusing to cooperate in im- (iii) Which is predominantly intellectual present its views and recommendations re- passe procedures and impasse decisions as re- and varied in character (as distinguished garding the changes. quired by chapter 71, as applied by the CAA; (vii)(A) Calling, or participating in, a from routine mental, manual, mechanical, or (3) If any views or recommendations are strike, work stoppage, or slowdown, or pick- physical work); and presented under paragraph (2) of this sub- eting of an employing office in a labor-man- (iv) Which is of such character that the section to an employing office by any labor agement dispute if such picketing interferes output produced or the result accomplished organization— (i) The employing office shall consider the with an employing office’s operations; or by such work cannot be standardized in rela- (B) Condoning any activity described in views or recommendations before taking tion to a given period of time; or subparagraph (A) of this paragraph by failing final action on any matter with respect to (2) An employee who has completed the to take action to prevent or stop such activ- which the views or recommendations are pre- courses of specialized intellectual instruc- ity; or tion and study described in subparagraph sented; and (viii) Otherwise failing or refusing to com- (1)(i) of this paragraph and is performing re- (ii) The employing office shall provide the ply with any provision of chapter 71, as ap- lated work under appropriate direction and labor organization a written statement of plied by the CAA; guidance to qualify the employee as a profes- the reasons for taking the final action. (3) Denial of membership by an exclusive sional employee described in subparagraph (c) The term ‘‘exclusive recognition’’ representative to any employee in the appro- (1) of this paragraph. means that a labor organization has been se- priate unit represented by such exclusive (o) The term ‘‘exclusive representative’’ lected as the sole representative, in a secret representative except for failure— means any labor organization which is cer- ballot election, by a majority of the employ- (i) To meet reasonable occupational stand- tified as the exclusive representative of em- ees in an appropriate unit who cast valid bal- ards uniformly required for admission, or ployees in an appropriate unit pursuant to lots in an election. (ii) To tender dues uniformly required as a section 7111 of title 5 of the United States (d) The term ‘‘unfair labor practices’’ condition of acquiring and retaining mem- Code, as applied by the CAA. means— bership. (p) The term ‘‘firefighter’’ means any em- (1) Any of the following actions taken by § 2421.5 Activity ployee engaged in the performance of work an employing office— The term ‘‘activity’’ means any facility, directly connected with the control and ex- (i) Interfering with, restraining, or coerc- organizational entity, or geographical sub- tinguishment of fires or the maintenance ing any employee in the exercise by the em- division or combination thereof, of any em- and use of firefighting apparatus and equip- ployee of any right under chapter 71, as ap- ploying office. plied by the CAA; ment. § 2421.6 Primary national subdivision (q) The term ‘‘United States’’ means the 50 (ii) Encouraging or discouraging member- ‘‘Primary national subdivision’’ of an em- states, the District of Columbia, the Com- ship in any labor organization by discrimina- ploying office means a first-level organiza- monwealth of Puerto Rico, Guam, the Virgin tion in connection with hiring, tenure, pro- tional segment which has functions national Islands, the Trust Territory of the Pacific Is- motion, or other condition of employment; (iii) Sponsoring, controlling, or otherwise in scope that are implemented in field activi- lands, and any territory or possession of the ties. United States. assisting any labor organization, other than (r) The term ‘‘General Counsel’’ means the to furnish, upon request, customary and rou- § 2421.7 Executive Director General Counsel of the Office of Compliance. tine services and facilities if the services and ‘‘Executive Director’’ means the Executive (s) The term ‘‘Assistant Secretary’’ means facilities are also furnished on an impartial Director of the Office of Compliance. the Assistant Secretary of Labor for Labor- basis to other labor organizations having § 2421.8 Hearing officer Management Relations. equivalent status; The term ‘‘Hearing Officer’’ means any in- (iv) Disciplining or otherwise discriminat- § 2421.4 National consultation rights; consulta- dividual designated by the Executive Direc- ing against an employee because the em- tion rights on Government-wide rules or reg- tor to preside over a hearing conducted pur- ployee has filed a complaint, affidavit, or pe- ulations; exclusive recognition; unfair labor suant to section 405 of the CAA on matters tition, or has given any information or testi- practices within the Office’s jurisdiction, including a mony under chapter 71, as applied by the hearing arising in cases under 5 U.S.C. 7116, (a)(1) The term ‘‘national consultation CAA; as applied by the CAA, and any other such rights’’ means that a labor organization that (v) Refusing to consult or negotiate in matters as may be assigned. is the exclusive representative of a substan- good faith with a labor organization as re- § 2421.9 Party tial number of the employees of the employ- quired by chapter 71, as applied by the CAA; ing office, as determined in accordance with (vi) Failing or refusing to cooperate in im- The term ‘‘party’’ means: (a) Any labor organization, employing of- criteria prescribed by the Board, shall— passe procedures and impasse decisions as re- fice or employing activity or individual fil- (i) Be informed of any substantive change quired by chapter 71, as applied by the CAA; ing a charge, petition, or request; in conditions of employment proposed by the (vii) Enforcing any rule or regulation (b) Any labor organization or employing employing office; and (other than a rule or regulation implement- (ii) Be permitted reasonable time to office or activity ing section 2302 of this title) which is in con- (1) Named as present its views and recommendations re- flict with any applicable collective bargain- (i) A charged party in a charge, garding the changes. ing agreement if the agreement was in effect (ii) A respondent in a complaint, or (2) National consultation rights shall ter- before the date the rule or regulation was (iii) An employing office or activity or an minate when the labor organization no prescribed; or incumbent labor organization in a petition; longer meets the criteria prescribed by the (viii) Otherwise failing or refusing to com- (2) Whose intervention in a proceeding has Board. Any issue relating to any labor orga- ply with any provision of chapter 71, as ap- been permitted or directed by the Board; or nization’s eligibility for, or continuation of, plied by the CAA; (3) Who participated as a party national consultation rights shall be subject (2) Any of the following actions taken by a (i) In a matter that was decided by an em- to determination by the Board. labor organization— ploying office head under 5 U.S.C. 7117, as ap- (b)(1) The term ‘‘consultation rights on (i) Interfering with, restraining, or coerc- plied by the CAA, or Government-wide rules or regulations’’ ing any employee in the exercise by the em- (ii) In a matter where the award of an arbi- means that a labor organization which is the ployee of any right under this chapter; trator was issued; and exclusive representative of a substantial (ii) Causing or attempting to cause an em- (c) The General Counsel, or the General number of employees of an employing office ploying office to discriminate against any Counsel’s designated representative, in ap- determined in accordance with criteria pre- employee in the exercise by the employee of propriate proceedings. scribed by the Board, shall be granted con- any right under this chapter; § 2421.10 Intervenor sultation rights by the employing office with (iii) Coercing, disciplining, fining, or at- The term ‘‘intervenor’’ means a party in a respect to any Government-wide rule or reg- tempting to coerce a member of the labor or- proceeding whose intervention has been per- ulation issued by the employing office ganization as punishment, reprisal, or for mitted or directed by the Board, its agents effecting any substantive change in any con- the purpose of hindering or impeding the or representatives. H10372 CONGRESSIONAL RECORD — HOUSE September 12, 1996 § 2421.11 Certification § 2421.20 Determinative challenged ballots § 2422.2 Standing to file a petition The term ‘‘certification’’ means the deter- ‘‘Determinative challenged ballots’’ are A representation petition may be filed by: mination by the Board, its agents or rep- challenges that are unresolved prior to the an individual; a labor organization; two or resentatives, of the results of an election, or tally and sufficient in number after the tally more labor organizations acting as a joint- the results of a petition to consolidate exist- to affect the results of the election. petitioner; an individual acting on behalf of ing exclusively recognized units. Part 2422—Representation Proceedings any employee(s); an employing office or ac- § 2421.12 Appropriate unit Sec. tivity; or a combination of the above: provided, however, that (a) only a labor organiza- The term ‘‘appropriate unit’’ means that 2422.1 Purposes of a petition. tion has standing to file a petition pursuant grouping of employees found to be appro- 2422.2 Standing to file a petition. to section 2422.1(a)(1); (b) only an individual priate for purposes of exclusive recognition 2422.3 Contents of a petition. has standing to file a petition pursuant to under 5 U.S.C. 7111, as applied by the CAA, 2422.4 Service requirements. section 2422.1(a)(2); and (c) only an employ- and for purposes of allotments to representa- 2422.5 Filing petitions. ing office or a labor organization may file a tives under 5 U.S.C. 7115(c), as applied by the 2422.6 Notification of filing. petition pursuant to section 2422.1(b) or (c). CAA, and consistent with the provisions of 5 2422.7 Posting notice of filing of a petition. U.S.C. 7112, as applied by the CAA. 2422.8 Intervention and cross-petitions. § 2422.3 Contents of a petition § 2421.13 Secret ballot 2422.9 Adequacy of showing of interest. (a) What to file. A petition must be filed on 2422.10 Validity of showing of interest. a form prescribed by the Board and contain The term ‘‘secret ballot’’ means the ex- 2422.11 Challenge to the status of a labor or- the following information: pression by ballot, voting machine or other- ganization. (1) The name and mailing address for each wise, but in no event by proxy, of a choice 2422.12 Timeliness of petitions seeking an employing office or activity affected by is- with respect to any election or vote taken election. sues raised in the petition, including street upon any matter, which is cast in such a 2422.13 Resolution of issues raised by a peti- number, city, state and zip code. manner that the person expressing such tion. (2) The name, mailing address and work choice cannot be identified with the choice 2422.14 Effect of withdrawal/dismissal. telephone number of the contact person for expressed, except in that instance in which 2422.15 Duty to furnish information and co- each employing office or activity affected by any determinative challenged ballot is operate. issues raised in the petition. opened. 2422.16 Election agreements or directed (3) The name and mailing address for each § 2421.14 Showing of interest elections. labor organization affected by issues raised The term ‘‘showing of interest’’ means evi- 2422.17 Notice of pre-election investigatory in the petition, including street number, dence of membership in a labor organization; hearing and prehearing conference. city, state and zip code. If a labor organiza- employees’ signed and dated authorization 2422.18 Pre-election investigatory hearing tion is affiliated with a national organiza- cards or petitions authorizing a labor organi- procedures. tion, the local designation and the national zation to represent them for purposes of ex- 2422.19 Motions. affiliation should both be included. If a labor clusive recognition; allotment of dues forms 2422.20 Rights of parties at a pre-election organization is an exclusive representative executed by an employee and the labor orga- investigatory hearing. of any of the employees affected by issues nization’s authorized official; current dues 2422.21 Duties and powers of the Executive raised in the petition, the date of the certifi- records; an existing or recently expired Director in the conduct of the pre-elec- cation and the date any collective bargain- agreement; current certification; employees’ tion investigatory hearing. ing agreement covering the unit will expire signed and dated petitions or cards indicat- 2422.22 Objections to the conduct of the pre- or when the most recent agreement did ex- ing that they no longer desire to be rep- election investigatory hearing. pire should be included, if known. resented for the purposes of exclusive rec- 2422.23 Election procedures. (4) The name, mailing address and work ognition by the currently certified labor or- 2422.24 Challenged ballots. telephone number of the contact person for ganization; employees’ signed and dated pe- 2422.25 Tally of ballots. each labor organization affected by issues titions or cards indicating a desire that an 2422.26 Objections to the election. raised in the petition. election be held on a proposed consolidation 2422.27 Determinative challenged ballots (5) The name and mailing address for the of units; or other evidence approved by the and objections. petitioner, including street number, city, Board. 2422.28 Runoff elections. state and zip code. If a labor organization petitioner is affiliated with a national organi- § 2421.15 Regular and substantially equivalent 2422.29 Inconclusive elections. zation, the local designation and the na- employment 2422.30 Executive Director investigations, notices of pre-election investigatory tional affiliation should both be included. The term ‘‘regular and substantially equiv- hearings, and actions; Board Decisions (6) A description of the unit(s) affected by alent employment’’ means employment that and Orders. issues raised in the petition. The description entails substantially the same amount of 2422.31 Application for review of an Execu- should generally indicate the geographic lo- work, rate of pay, hours, working conditions, tive Director action. cations and the classifications of the em- location of work, kind of work, and seniority 2422.32 Certifications and revocations. ployees included (or sought to be included) rights, if any, of an employee prior to the 2422.33 Relief obtainable under Part 2423. in, and excluded (or sought to be excluded) cessation of employment in an employing of- 2422.34 Rights and obligations during the from, the unit. fice because of any unfair labor practice pendency of representation proceed- (7) The approximate number of employees under 5 U.S.C. 7116, as applied by the CAA. ings. in the unit(s) affected by issues raised in the § 2421.16 Petitioner § 2422.1 Purposes of a petition petition. (8) A clear and concise statement of the is- Petitioner means the party filing a peti- A petition may be filed for the following tion under Part 2422 of this Subchapter. sues raised by the petition and the results purposes: the petitioner seeks. (a) Elections or Eligibility for dues allotment. § 2421.17 Eligibility period (9) A declaration by the person signing the To request: The term ‘‘eligibility period’’ means the petition, under the penalties of the Criminal (1)(i) An election to determine if employees payroll period during which an employee Code (18 U.S.C. 1001), that the contents of the in an appropriate unit wish to be represented must be in an employment status with an petition are true and correct to the best of for the purpose of collective bargaining by employing office or activity in order to be el- the person’s knowledge and belief. an exclusive representative; and/or igible to vote in a representation election (ii) A determination of eligibility for dues (10) The signature, title, mailing address under Part 2422 of this Subchapter. allotment in an appropriate unit without an and telephone number of the person filing § 2421.18 Election agreement exclusive representative; or the petition. (b) Compliance with 5 U.S.C. 7111(e), as ap- The term ‘‘election agreement’’ means an (2) An election to determine if employees plied by the CAA. A labor organization/peti- agreement under Part 2422 of this Sub- in a unit no longer wish to be represented for tioner complies with 5 U.S.C. 7111(e), as ap- chapter signed by all the parties, and ap- the purpose of collective bargaining by an plied by the CAA, by submitting to the em- proved by the Board, the Executive Director, exclusive representative. ploying office or activity and to the Depart- or any other individual designated by the (3) Petitions under this subsection must be ment of Labor a roster of its officers and rep- Board, concerning the details and procedures accompanied by an appropriate showing of resentatives, a copy of its constitution and of a representation election in an appro- interest. bylaws, and a statement of its objectives. By priate unit. (b) Clarification or Amendment. To clarify, and/or amend: signing the petition form, the labor organi- § 2421.19 Affected by issues raised (1) A certification then in effect; and/or zation/petitioner certifies that it has submit- The phrase ‘‘affected by issues raised’’, as (2) Any other matter relating to represented these documents to the employing activ- used in Part 2422, should be construed broad- tation. ity or office and to the Department of Labor. ly to include parties and other labor organi- (c) Consolidation. To consolidate two or (c) Showing of interest supporting a represen- zations, or employing offices or activities more units, with or without an election, in tation petition. When filing a petition requir- that have a connection to employees affected an employing office and for which a labor oring a showing of interest, the petitioner by, or questions presented in, a proceeding. ganization is the exclusive representative. must: September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10373 (1) So indicate on the petition form; accompanied by any necessary showing of in- (e) Executive Director investigation and ac- (2) Submit with the petition a showing of terest, must be submitted in writing and tion. The Executive Director, on behalf of the interest of not less than thirty percent (30%) filed with the Executive Director before the Board, will conduct such investigation as of the employees in the unit involved in the pre-election investigatory hearing opens, un- deemed appropriate. The Executive Direc- petition; and less good cause is shown for granting an ex- tor’s determination, on behalf of the Board, (3) Include an alphabetical list of the tension. If no pre-election investigatory that a showing of interest is valid is final names constituting the showing of interest. hearing is held, a request to intervene and a and binding and is not subject to collateral (d) Petition seeking dues allotment. When cross-petition must be filed prior to action attack or appeal to the Board. If the Execu- there is no exclusive representative, a peti- being taken pursuant to § 2422.30. tive Director finds, on behalf of the Board, tion seeking certification for dues allotment (c) Labor organization intervention requests. that the showing of interest is not valid, the shall be accompanied by a showing of mem- Except for incumbent intervenors, a labor Executive Director will dismiss the petition bership in the petitioner of not less than ten organization seeking to intervene shall sub- or deny the request to intervene. percent (10%) of the employees in the unit mit a statement that it has complied with 5 § 2422.11 Challenge to the status of a labor orga- claimed to be appropriate. An alphabetical U.S.C. 7111(e), as applied by the CAA, and nization list of names constituting the showing of one of the following: (a) Basis of challenge to labor organization membership must be submitted. (1) A showing of interest of ten percent status. The only basis on which a challenge § 2422.4 Service requirements (10%) or more of the employees in the unit to the status of a labor organization may be covered by a petition seeking an election, Every petition, motion, brief, request, made is compliance with 5 U.S.C. 7103(a)(4), with an alphabetical list of the names of the challenge, written objection, or application as applied by the CAA. employees constituting the showing of inter- for review shall be served on all parties af- (b) Format and time for filing a challenge. est; or fected by issues raised in the filing. The serv- Any party filing a challenge to the status of (2) A current or recently expired collective a labor organization involved in the process- ice shall include all documentation in sup- bargaining agreement covering any of the ing of a petition must do so in writing to the port thereof, with the exception of a showing employees in the unit affected by issues Executive Director before the pre-election of interest, evidence supporting challenges raised in the petition; or investigatory hearing opens, unless good to the validity of a showing of interest, and (3) Evidence that it is or was, prior to a re- cause is shown for granting an extension. If evidence supporting objections to an elec- organization, the certified exclusive rep- no hearing is held, challenges must be filed tion. The filer must submit a written state- resentative of any of the employees affected prior to action being taken pursuant to ment of service to the Executive Director. by issues raised in the petition. § 2422.30. § 2422.5 Filing petitions (d) Incumbent. An incumbent exclusive rep- § 2422.12 Timeliness of petitions seeking an elec- (a) Where to file. Petitions must be filed resentative, without regard to the require- tion ments of paragraph (c) of this section, will be with the Executive Director. (a) Election bar. Where there is no certified considered a party in any representation pro- (b) Number of copies. An original and two (2) exclusive representative, a petition seeking copies of the petition and the accompanying ceeding raising issues that affect employees an election will not be considered timely if material must be filed with the Executive the incumbent represents, unless it serves filed within twelve (12) months of a valid Director. the Board, through the Executive Director, election involving the same unit or a sub- (c) Date of filing. A petition is filed when it with a written disclaimer of any representa- division of the same unit. is received by the Executive Director. tion interest in the claimed unit. (b) Certification bar. Where there is a cer- § 2422.6 Notification of filing (e) Employing office. An employing office or tified exclusive representative of employees, activity will be considered a party if any of a petition seeking an election will not be (a) Notification to parties. After a petition is its employees are affected by issues raised in filed, the Executive Director, on behalf of considered timely if filed within twelve (12) the petition. months after the certification of the exclu- the Board, will notify any labor organiza- (f) Employing office or activity intervention. tion, employing office or employing activity sive representative of the employees in an An employing office or activity seeking to appropriate unit. If a collective bargaining that the parties have identified as being af- intervene in any representation proceeding fected by issues raised by the petition, that agreement covering the claimed unit is pend- must submit evidence that one or more em- ing employing office head review under 5 a petition has been filed with the Office. The ployees of the employing office or activity Executive Director, on behalf of the Board, U.S.C. 7114(c), as applied by the CAA, or is in may be affected by issues raised in the peti- effect, paragraphs (c), (d), or (e) of this sec- will also make reasonable efforts to identify tion. tion apply. and notify any other party affected by the is- § 2422.9 Adequacy of showing of interest (c) Bar during employing office head review. sues raised by the petition. A petition seeking an election will not be (b) Contents of the notification. The notifica- (a) Adequacy. Adequacy of a showing of interest refers to the percentage of employees considered timely if filed during the period tion will inform the labor organization, em- of employing office head review under 5 ploying office or employing activity of: in the unit involved as required by §§ 2422.3(c) and (d) and 2422.8(c)(1). U.S.C. 7114(c), as applied by the CAA. This (1) The name of the petitioner; bar expires upon either the passage of thirty (2) The description of the unit(s) or em- (b) Executive Director investigation and action. The Executive Director, on behalf of the (30) days absent employing office head ac- ployees affected by issues raised in the petition, or upon the date of any timely employ- tion; and, Board, will conduct such investigation as deemed appropriate. The Executive Direc- ing office head action. (3) A statement that all affected parties (d) Contract bar where the contract is for should advise the Executive Director in writ- tor’s determination, on behalf of the Board, that the showing of interest is adequate is three (3) years or less. Where a collective bar- ing of their interest in the issues raised in gaining agreement is in effect covering the the petition. final and binding and not subject to collateral attack at a representation hearing or on claimed unit and has a term of three (3) § 2422.7 Posting notice of filing of a petition years or less from the date it became effec- appeal to the Board. If the Executive Direc- tive, a petition seeking an election will be (a) Posting notice of petition. When appro- tor determines, on behalf of the Board, that considered timely if filed not more than one priate, the Executive Director, on behalf of a showing of interest is inadequate, the Ex- hundred and five (105) and not less than sixty the Board, after the filing of a representa- ecutive Director will dismiss the petition, or (60) days prior to the expiration of the agree- tion petition, will direct the employing of- deny a request for intervention. ment. fice or activity to post copies of a notice to § 2422.10 Validity of showing of interest all employees in places where notices are (e) Contract bar where the contract is for normally posted for the employees affected (a) Validity. Validity questions are raised more than three (3) years. Where a collective by issues raised in the petition and/or dis- by challenges to a showing of interest on bargaining agreement is in effect covering tribute copies of a notice in a manner by grounds other than adequacy. the claimed unit and has a term of more which notices are normally distributed. (b) Validity challenge. The Executive Direc- than three (3) years from the date it became (b) Contents of notice. The notice shall ad- tor or any party may challenge the validity effective, a petition seeking an election will vise affected employees about the petition. of a showing of interest. be considered timely if filed not more than (c) When and where validity challenges may (c) Duration of notice. The notice should be one hundred and five (105) and not less than be filed. Party challenges to the validity of a conspicuously posted for a period of ten (10) sixty (60) days prior to the expiration of the showing of interest must be in writing and days and not be altered, defaced, or covered initial three (3) year period, and any time filed with the Executive Director before the by other material. after the expiration of the initial three (3) pre-election investigatory hearing opens, un- year period. § 2422.8 Intervention and cross-petitions less good cause is shown for granting an ex- (f) Unusual circumstances. A petition seek- (a) Cross-petitions. A cross-petition is a pe- tension. If no pre-election investigatory ing an election or a determination relating tition which involves any employees in a hearing is held, challenges to the validity of to representation matters may be filed at unit covered by a pending representation pe- a showing of interest must be filed prior to any time when unusual circumstances exist tition. Cross-petitions must be filed in ac- action being taken pursuant to § 2422.30. that substantially affect the unit or major- cordance with this subpart. (d) Contents of validity challenges. Chal- ity representation. (b) Intervention requests and cross-petitions. lenges to the validity of a showing of inter- (g) Premature extension. Where a collective A request to intervene and a cross-petition, est must be supported with evidence. bargaining agreement with a term of three H10374 CONGRESSIONAL RECORD — HOUSE September 12, 1996 (3) years or less has been extended prior to tive Director, on behalf of the Board, may di- § 2422.27(b). Formal rules of evidence do not sixty (60) days before its expiration date, the rect the employing office or activity to fur- apply. extension will not serve as a basis for dismis- nish the Executive Director and all parties (c) Pre-election investigatory hearing. Pre- sal of a petition seeking an election filed in affected by issues raised in the petition with election investigatory hearings will be con- accordance with this section. a current alphabetized list of employees and ducted by the Executive Director or her des- (h) Contract requirements. Collective bar- job classifications included in and/or ex- ignee. gaining agreements, including agreements cluded from the existing or claimed unit af- (d) Production of evidence. Parties have the that go into effect under 5 U.S.C. 7114(c), as fected by issues raised in the petition. obligation to produce existing documents applied by the CAA, and those that auto- (c) Cooperation. All parties are required to and witnesses for the investigatory hearing matically renew without further action by cooperate in every aspect of the representa- in accordance with the instructions of the the parties, do not constitute a bar to a petition process. This obligation includes co- Executive Director or her designee. If a tion seeking an election under this section operating fully with the Executive Director, party willfully fails to comply with such in- unless a clear and unambiguous effective submitting all required and requested infor- structions, the Board may draw an inference date, renewal date where applicable, dura- mation, and participating in prehearing con- adverse to that party on the issue related to tion, and termination date are ascertainable ferences and pre-election investigatory hear- the evidence sought. from the agreement and relevant accom- ings. The failure to cooperate in the rep- (e) Transcript. An official reporter will panying documentation. resentation process may result in the Execu- make the official transcript of the pre-elec- § 2422.13 Resolution of issues raised by a petition tive Director or the Board taking appro- tion investigatory hearing. Copies of the of- (a) Meetings prior to filing a representation priate action, including dismissal of the peti- ficial transcript may be examined in the Of- petition. All parties affected by the represen- tion or denial of intervention. fice during normal working hours. Requests tation issues that may be raised in a petition § 2422.16 Election agreements or directed elec- by parties to purchase copies of the official are encouraged to meet prior to the filing of tions transcript should be made to the official the petition to discuss their interests and (a) Election agreements. Parties are encour- hearing reporter. narrow and resolve the issues. If requested aged to enter into election agreements. § 2422.19 Motions by all parties a representative of the Office (b) Executive Director directed election. If the (a) Purpose of a motion. Subsequent to the will participate in these meetings. parties are unable to agree on procedural issuance of a notice of pre-election investiga- (b) Meetings to narrow and resolve the issues matters, specifically, the eligibility period, tory hearing in a representation proceeding, after the petition is filed. After a petition is method of election, dates, hours, or locations a party seeking a ruling, an order, or relief filed, the Executive Director may require all of the election, the Executive Director, on must do so by filing or raising a motion stat- affected parties to meet to narrow and re- behalf of the Board, will decide election pro- ing the order or relief sought and the solve the issues raised in the petition. cedures and issue a Direction of Election, grounds therefor. Challenges and other fil- § 2422.14 Effect of withdrawal/dismissal without prejudice to the rights of a party to ings referenced in other sections of this sub- (a) Withdrawal/dismissal less than sixty (60) file objections to the procedural conduct of part may, in the discretion of the Executive days before contract expiration. When a peti- the election. Director or her designee, be treated as a motion seeking an election that has been time- (c) Opportunity for an investigatory hearing. tion. ly filed is withdrawn by the petitioner or dis- Before directing an election, the Executive (b) Prehearing motions. Prehearing motions missed by the Executive Director or the Director shall provide affected parties an op- must be filed in writing with the Executive Board less than sixty (60) days prior to the portunity for a pre-election investigatory Director. Any response must be filed with expiration of an existing agreement between hearing on other than procedural matters. the Executive Director within five (5) days the incumbent exclusive representative and (d) Challenges or objections to a directed elec- after service of the motion. The Executive the employing office or activity or any time tion. A Direction of Election issued under Director shall rule on the motion . after the expiration of the agreement, an- this section will be issued without prejudice (c) Motions made at the investigatory hear- other petition seeking an election will not be to the right of a party to file a challenge to ing. During the pre-election investigatory considered timely if filed within a ninety (90) the eligibility of any person participating in hearing, motions will be made to the Execu- day period from either: the election and/or objections to the elec- tive Director or her designee, and may be (1) The date the withdrawal is approved; or tion. oral on the record, unless otherwise required (2) The date the petition is dismissed by § 2422.17 Notice of pre-election investigatory in this subpart to be in writing. Responses the Executive Director when no application hearing and prehearing conference may be oral on the record or in writing, but, for review is filed with the Board; or (a) Purpose of notice of an investigatory hear- absent permission of the Executive Director (3) The date the Board rules on an applica- ing. The Executive Director, on behalf of the or her designee, must be provided before the tion for review; or hearing closes. The Executive Director or (4) The date the Board issues a Decision Board, may issue a notice of pre-election investigatory hearing involving any issues her designee will rule on motions made at and Order dismissing the petition. the hearing. Other pending petitions that have been raised in the petition. (d) Posthearing motions. Motions made after timely filed under this Part will continue to (b) Contents. The notice of hearing will ad- the hearing closes must be filed in writing be processed. vise affected parties about the pre-election (b) Withdrawal by petitioner. A petitioner investigatory hearing. The Executive Direc- with the Board. Any response to a who submits a withdrawal request for a peti- tor will also notify affected parties of the is- posthearing motion must be filed with the tion seeking an election that is received by sues raised in the petition and establish a Board within five (5) days after service of the the Executive Director after the notice of date for the prehearing conference. motion. pre-election investigatory hearing issues or (c) Prehearing conference. A prehearing con- § 2422.20 Rights of parties at a pre-election in- after approval of an election agreement, ference will be conducted by the Executive vestigatory hearing whichever occurs first, will be barred from Director or her designee, either by meeting (a) Rights. A party at a pre-election inves- filing another petition seeking an election or teleconference. All parties must partici- tigatory hearing will have the right: for the same unit or any subdivision of the pate in a prehearing conference and be pre- (1) To appear in person or by a representa- unit for six (6) months from the date of the pared to fully discuss, narrow and resolve tive; approval of the withdrawal by the Executive the issues set forth in the notification of the (2) To examine and cross-examine wit- Director. prehearing conference. nesses; and (c) Withdrawal by incumbent. When an elec- (d) No interlocutory appeal of investigatory (3) To introduce into the record relevant tion is not held because the incumbent dis- hearing determination. The Executive Direc- evidence. claims any representation interest in a unit, tor’s determination of whether to issue a no- (b) Documentary evidence and stipulations. a petition by the incumbent seeking an elec- tice of pre-election investigatory hearing is Parties must submit two (2) copies of docu- tion involving the same unit or a subdivision not appealable to the Board. mentary evidence to the Executive Director of the same unit will not be considered time- § 2422.18 Pre-election investigatory hearing or her designee and copies to all other par- ly if filed within six (6) months of cancella- procedures ties. Stipulations of fact between/among the tion of the election. (a) Purpose of a pre-election investigatory parties may be introduced into evidence. § 2422.15 Duty to furnish information and co- hearing. Representation hearings are consid- (c) Oral argument. Parties will be entitled operate ered investigatory and not adversarial. The to a reasonable period prior to the close of (a) Relevant information. After a petition is purpose of the hearing is to develop a full the hearing for oral argument. Presentation filed, all parties must, upon request of the and complete record of relevant and material of a closing oral argument does not preclude Executive Director, furnish the Executive facts. a party from filing a brief under paragraph Director and serve all parties affected by is- (b) Conduct of hearing. Pre-election inves- (d) of this section. sues raised in the petition with information tigatory hearings will be open to the public (d) Briefs. A party will be afforded an op- concerning parties, issues, and agreements unless otherwise ordered by the Executive portunity to file a brief with the Board. raised in or affected by the petition. Director or her designee. There is no burden (1) An original and two (2) copies of a brief (b) Inclusions and exclusions. After a peti- of proof, with the exception of proceedings must be filed with the Board within thirty tion seeking an election is filed, the Execu- on objections to elections as provided for in (30) days from the close of the hearing. September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10375 (2) A written request for an extension of there is an intervenor, an election will be affected the results of the election may be time to file a brief must be filed with and re- held if the intervening labor organization filed by any party. Objections must be filed ceived by the Board no later than five (5) proffers a thirty percent (30%) showing of in- and received by the Executive Director with- days before the date the brief is due. terest within the time period established by in five (5) days after the tally of ballots has (3) No reply brief may be filed without per- the Executive Director. been served. Any objections must be timely mission of the Board. (g) Petitioner withdraws from ballot in an regardless of whether the challenged ballots § 2422.21 Duties and powers of the Executive Di- election. When there is no intervening labor are sufficient in number to affect the results rector in the conduct of the pre-election in- organization, an election will not be held if of the election. The objections must be sup- vestigatory hearing the petitioner provides the Executive Direc- ported by clear and concise reasons. An (a) Duties. The Executive Director or her tor with a written request to withdraw the original and two (2) copies of the objections designee, on behalf of the Board, will receive petition. When there is an intervenor, an must be received by the Executive Director. (b) Supporting evidence. The objecting party evidence and inquire fully into the relevant election will be held if the intervening labor must file with the Executive Director evi- and material facts concerning the matters organization proffers a thirty percent (30%) dence, including signed statements, docu- that are the subject of the investigatory showing of interest within the time period ments and other materials supporting the hearing, and may make recommendations on established by the Executive Director. (h) Observers. All parties are entitled to objections within ten (10) days after the ob- the record to the Board. jections are filed. (b) Powers. During the period a case is as- representation at the polling location(s) by signed to the Executive Director or her des- observers of their own selection subject to § 2422.27 Determinative challenged ballots and ignee for pre-election investigatory hearing the Executive Director’s approval. objections and prior to the close of the hearing, the Ex- (1) Parties desiring to name observers must (a) Investigation. The Executive Director, ecutive Director or her designee may take file in writing with the Executive Director a on behalf of the Board, will investigate ob- any action necessary to schedule, conduct, request for specifically named observers at jections and/or determinative challenged bal- continue, control, and regulate the pre-elec- least fifteen (15) days prior to an election. lots that are sufficient in number to affect tion investigatory hearing, including ruling The Executive Director may grant an exten- the results of the election. on motions when appropriate. sion of time for filing a request for specifi- (b) Burden of proof. A party filing objec- cally named observers for good cause where tions to the election bears the burden of § 2422.22 Objections to the conduct of the pre- a party requests such an extension or on the election investigatory hearing proof by a preponderance of the evidence Executive Director’s own motion. The re- concerning those objections. However, no (a) Objections. Objections are oral or writ- quest must name and identify the observers party bears the burden of proof on chal- ten complaints concerning the conduct of a requested. lenged ballots. pre-election investigatory hearing. (2) An employing office or activity may use (c) Executive Director action. After inves- (b) Exceptions to rulings. There are auto- as its observers any employees who are not tigation, the Executive Director will take matic exceptions to all adverse rulings. eligible to vote in the election, except: appropriate action consistent with § 2422.30. § 2422.23 Election procedures (i) Supervisors or management officials; (d) Consolidated hearing on objections and/or (a) Executive Director conducts or supervises (ii) Employees who have any official con- determinative challenged ballots and an unfair election. The Executive Director, on behalf of nection with any of the labor organizations labor practice hearing. When appropriate, and the Board, will decide to conduct or super- involved; or in accordance with § 2422.33, objections and/or vise the election. In supervised elections, (iii) Non-employees of the legislative determinative challenged ballots may be employing offices or activities will perform branch. consolidated with an unfair labor practice all acts as specified in the Election Agree- (3) A labor organization may use as its ob- hearing. Such consolidated hearings will be ment or Direction of Election. servers any employees eligible to vote in the conducted by a Hearing Officer. Exceptions (b) Notice of election. Prior to the election a election, except: and related submissions must be filed with notice of election, prepared by the Executive (i) Employees on leave without pay status the Board and the Board will issue a decision Director, will be posted by the employing of- who are working for the labor organization in accordance with Part 2423 of this chapter fice or activity in places where notices to involved; or and section 406 of the CAA, except for the employees are customarily posted and/or dis- (ii) Employees who hold an elected office following: tributed in a manner by which notices are in the union. (1) Section 2423.18 of this Subchapter con- normally distributed. The notice of election (4) Objections to a request for specific ob- cerning the burden of proof is not applicable; will contain the details and procedures of the servers must be filed with the Executive Di- (2) TheHearing Officer may not recommend election, including the appropriate unit, the rector stating the reasons in support within remedial action to be taken or notices to be eligibility period, the date(s), hour(s) and lo- five (5) days after service of the request. posted; and, (5) The Executive Director’s ruling on re- (3) References to ‘‘charge’’ and ‘‘com- cation(s) of the election, a sample ballot, and quests for and objections to observers is final plaint’’ in Part 2423 of this chapter will be the effect of the vote. omitted. (c) Sample ballot. The reproduction of any and binding and is not subject to the filing of document purporting to be a copy of the offi- an application for review with the Board. § 2422.28 Runoff elections cial ballot that suggests either directly or § 2422.24 Challenged ballots (a) When a runoff may be held. A runoff indirectly to employees that the Board en- (a) Filing challenges. A party or the Execu- election is required in an election involving dorses a particular choice in the election tive Director may, for good cause, challenge at least three (3) choices, one of which is ‘‘no may constitute grounds for setting aside an the eligibility of any person to participate in union’’ or ‘‘neither,’’ when no choice receives election if objections are filed under § 2422.26. the election prior to the employee voting. a majority of the valid ballots cast. However, (d) Secret ballot. All elections will be by se- (b) Challenged ballot procedure. An individ- a runoff may not be held until the objections cret ballot. ual whose eligibility to vote is in dispute to the election and determinative challenged (e) Intervenor withdrawal from ballot. When will be given the opportunity to vote a chal- ballots have been resolved. two or more labor organizations are included lenged ballot. If the parties and the Region (b) Eligibility. Employees who were eligible as choices in an election, an intervening are unable to resolve the challenged ballot(s) to vote in the original election and who are labor organization may, prior to the ap- prior to the tally of ballots, the unresolved also eligible on the date of the runoff elec- proval of an election agreement or before the challenged ballot(s) will be impounded and tion may vote in the runoff election. direction of an election, file a written re- preserved until a determination can be (c) Ballot. The ballot in the runoff election quest with the Executive Director to remove made, if necessary, by the Executive Direc- will provide for a selection between the two its name from the ballot. If the request is tor or the Board. choices receiving the largest and second largest number of votes in the election. not received prior to the approval of an elec- § 2422.25 Tally of ballots tion agreement or before the direction of an § 2422.29 Inconclusive elections (a) Tallying the ballots. When the election is election, unless the parties and the Execu- concluded, the Executive Director or her des- (a) Inconclusive elections. An inconclusive tive Director, on behalf of the Board, agree ignee will tally the ballots. election is one where challenged ballots are otherwise, the intervening labor organiza- (b) Service of the tally. When the tally is not sufficient to affect the outcome of the tion will remain on the ballot. The Executive completed, the Executive Director will serve election and one of the following occurs: Director’s decision on the request is final the tally of ballots on the parties in accord- (1) The ballot provides for at least three (3) and not subject to the filing of an applica- ance with the election agreement or direc- choices, one of which is ‘‘no union’’ or ‘‘nei- tion for review with the Board. tion of election. ther’’ and the votes are equally divided; or (f) Incumbent withdrawal from ballot in an (2) The ballot provides for at least three (3) (c) Valid ballots cast. Representation will be election to decertify an incumbent representa- choices, the choice receiving the highest determined by the majority of the valid bal- tive. When there is no intervening labor orga- number of votes does not receive a majority, lots cast. nization, an election to decertify an incum- and at least two other choices receive the bent exclusive representative will not be § 2422.26 Objections to the election next highest and same number of votes; or held if the incumbent provides the Executive (a) Filing objections to the election. Objec- (3) When a runoff ballot provides for a Director with a written disclaimer of any tions to the procedural conduct of the elec- choice between two labor organizations and representation interest in the unit. When tion or to conduct that may have improperly results in the votes being equally divided; or H10376 CONGRESSIONAL RECORD — HOUSE September 12, 1996 (4) When the Board determines that there discretion, examine the record in evaluating tion, or challenge filed or raised under this have been significant procedural irregular- the application. An application must specify subpart, may not be the basis for similar re- ities. the matters and rulings to which excep- lief if filed or raised as an unfair labor prac- (b) Eligibility to vote in a rerun election. A tion(s) is taken, include a summary of evi- tice under Part 2423 of this Chapter: provided, current payroll period will be used to deter- dence relating to any issue raised in the ap- however, that related matters may be con- mine eligibility to vote in a rerun election. plication, and make specific reference to solidated for hearing as noted in § 2422.27(d) (c) Ballot. If a determination is made that page citations in the transcript if a hearing of this subpart. the election is inconclusive, the election will was held. An application may not raise any § 2422.34 Rights and obligations during the be rerun with all the choices that appeared issue or rely on any facts not timely pre- pendency of representation proceedings on the original ballot. sented to the Executive Director. (a) Existing recognitions, agreements, and ob- (d) Number of reruns. There will be only one (c) Review. The Board may, in its discre- ligations under the CAA. During the pendency rerun of an inconclusive election. If the tion, grant an application for review when of any representation proceeding, parties are rerun results in another inconclusive elec- the application demonstrates that review is obligated to maintain existing recognitions, tion, the tally of ballots will indicate a ma- warranted on one or more of the following adhere to the terms and conditions of exist- jority of valid ballots has not been cast for grounds: ing collective bargaining agreements, and any choice and a certification of results will (1) The decision raises an issue for which fulfill all other representational and bar- be issued. If necessary, a runoff may be held there is an absence of precedent; gaining responsibilities under the CAA. when an original election is rerun. (2) Established law or policy warrants re- (b) Unit status of individual employees. Not- § 2422.30 Executive director investigations, no- consideration; or, withstanding paragraph (a) of this section tices of pre-election investigatory hearings, (3) There is a genuine issue over whether and except as otherwise prohibited by law, a and actions; board decisions and orders the Executive Director has: party may take action based on its position (a) Executive Director investigation. The Ex- (i) Failed to apply established law; regarding the bargaining unit status of indi- ecutive Director, on behalf of the Board, will (ii) Committed a prejudicial procedural vidual employees, pursuant to 5 U.S.C. make such investigation of the petition and error; 7103(a)(2), 7112(b) and (c), as applied by the (iii) Committed a clear and prejudicial any other matter as the Executive Director CAA: provided, however, that its actions may error concerning a substantial factual mat- deems necessary. be challenged, reviewed, and remedied where ter. (b) Executive Director notice of pre-election appropriate. investigatory hearing. On behalf of the Board, (d) Opposition. A party may file with the Board an opposition to an application for re- Part 2423—Unfair Labor Practice the Executive Director will issue a notice of Proceedings pre-election investigatory hearing to inquire view within ten (10) days after the party is Sec. into any matter about which a material served with the application. A copy must be 2423.1 Applicability of this part. issue of fact exists, where there is an issue as served on the Executive Director and all 2423.2 Informal proceedings. to whether a question concerning representa- other parties and a statement of service 2423.3 Who may file charges. tion exists, and any time there is reasonable must be filed with the Board. (e) Executive Director action becomes the 2423.4 Contents of the charge; supporting cause to believe a question exists regarding Board’s action. An action of the Executive Di- evidence and documents. unit appropriateness. 2423.5 Selection of the unfair labor practice (c) Executive Director action. After inves- rector becomes the action of the Board when: procedure or the negotiability proce- tigation and/or hearing, when a pre-election (1) No application for review is filed with dure. investigatory hearing has been ordered, the the Board within sixty (60) days after the 2423.6 Filing and service of copies. Executive Director may, on behalf of the date of the Executive Director’s action; or (2) A timely application for review is filed 2423.7 Investigation of charges. Board, approve an election agreement, dis- with the Board and the Board does not un- 2423.8 Amendment of charges. miss a petition or deny intervention where dertake to grant review of the Executive Di- 2423.9 Action by the General Counsel. there is an inadequate or invalid showing of rector’s action within sixty (60) days of the 2423.10 Determination not to file complaint. interest, or dismiss a petition where there is filing of the application; or 2423.11 Settlement or adjustment of issues. an undisputed bar to further processing of (3) The Board denies an application for re- 2423.12 Filing and contents of the com- the petition under law, rule or regulation. view of the Executive Director’s action. (d) Appeal of Executive Director action. A plaint. (f) Board grant of review and stay. The party may file with the Board an application 2423.13 Answer to the complaint. Board may rule on the issue(s) in an applica- for review of an Executive Director action 2423.14 Prehearing disclosure; conduct of tion for review in its order granting the ap- taken pursuant to section (c) above. hearing. (e) Contents of the Record. When no pre- plication for review. Neither filing nor 2423.15 Intervention. election investigatory hearing has been con- granting an application for review shall stay 2423.16 [Reserved] ducted all material submitted to and consid- any action ordered by the Executive Director 2423.17 [Reserved] ered by the Executive Director during the in- unless specifically ordered by the Board. 2423.18 Burden of proof before theHearing (g) Briefs if review is granted. If the Board vestigation becomes a part of the record. Officer. does not rule on the issue(s) in the applica- When a pre-election investigatory hearing 2423.19 Duties and powers of theHearing Of- tion for review in its order granting review, has been conducted, the transcript and all ficer. the Board may, in its discretion, afford the material entered into evidence, including 2423.20 [Reserved] parties an opportunity to file briefs. The any posthearing briefs, become a part of the 2423.21 [Reserved] briefs will be limited to the issue(s) ref- record. 2423.22 [Reserved] (f) Transfer of record to Board; Board Deci- erenced in the Board’s order granting review. 2423.23 [Reserved] sions and Orders. In cases that are submitted § 2422.32 Certifications and revocations 2423.24 [Reserved] to the Board for decision in the first in- (a) Certifications. The Executive Director, 2423.25 [Reserved] stance, the Board shall decide the issues pre- on behalf of the Board, will issue an appro- 2423.26 Hearing Officer decisions; entry in sented based upon the record developed by priate certification when: records of the Office. the Executive Director, including the tran- (1) After an election, runoff, or rerun, 2423.27 Appeal to the Board. script of the pre-election investigatory hear- (i) No objections are filed or challenged 2423.28 [Reserved] ing, if any, documents admitted into the ballots are not determinative, or 2423.29 Action by the Board. record and briefs and other approved submis- (ii) Objections and determinative chal- 2423.30 Compliance with decisions and or- sions from the parties. The Board may direct lenged ballots are decided and resolved; or ders of the Board. that a secret ballot election be held, issue an (2) The Executive Director takes an action 2423.31 Backpay proceedings. order dismissing the petition, or make such requiring a certification and that action be- § 2423.1 Applicability of this part other disposition of the matter as it deems comes the action of the Board under This part is applicable to any charge of al- appropriate. § 2422.31(e) or the Board otherwise directs the leged unfair labor practices occurring on or § 2422.31 Application for review of an executive issuance of a certification. after October 1, 1996. director action (b) Revocations. Without prejudice to any § 2423.2 Informal proceedings rights and obligations which may exist under (a) Filing an application for review. A party (a) The purposes and policies of chapter 71, the CAA, the Executive Director, on behalf must file an application for review with the as applied by the CAA, can best be achieved of the Board, will revoke a recognition or Board within sixty (60) days of the Executive by the cooperative efforts of all persons cov- certification, as appropriate, and provide a Director’s action. The sixty (60) day time ered by the program. To this end, it shall be written statement of reasons when an in- limit provided for in 5 U.S.C. 7105(f), as ap- the policy of the Board and the General cumbent exclusive representative files, dur- plied by the CAA, may not be extended or Counsel to encourage all persons alleging un- ing a representation proceeding, a disclaimer waived. fair labor practices and persons against of any representational interest in the unit. (b) Contents. An application for review whom such allegations are made to meet must be sufficient to enable the Board to § 2422.33 Relief obtainable under Part 2423 and, in good faith, attempt to resolve such rule on the application without recourse to Remedial relief that was or could have matters prior to the filing of unfair labor the record; however, the Board may, in its been obtained as a result of a motion, objec- practice charges. September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10377 (b) In furtherance of the policy referred to tification of this selection must be made in complaint, a stipulation of facts in accord- in paragraph (a) of this section, and noting writing at the time that both procedures ance with the provisions of § 2429.1(a) of this the 180 day period of limitation set forth in have been invoked, and must be served on subchapter; or section 220(c)(2) of the CAA, it shall be the the Board, the General Counsel and all par- (6) Withdraw a complaint. policy of the Board and the General Counsel ties to both the unfair labor practice case § 2423.10 Determination not to file complaint to encourage the informal resolution of un- and the negotiability case. Cases which sole- fair labor practice allegations subsequent to ly involve an employing office’s allegation (a) If the General Counsel determines that the filing of a charge and prior to the filing that the duty to bargain in good faith does the charge has not been timely filed, that of a complaint by the General Counsel. not extend to the matter proposed to be bar- the charge fails to state an unfair labor prac- (c) In order to afford the parties an oppor- gained and which do not involve actual or tice, or for other appropriate reasons, the tunity to implement the policy referred to in contemplated changes in conditions of em- General Counsel may request the charging paragraphs (a) and (b) of this section, the in- ployment may only be filed under part 2424 party to withdraw the charge, and in the ab- vestigation of an unfair labor practice of this subchapter. sence of such withdrawal within a reasonable charge by the General Counsel will normally § 2423.6 Filing and service of copies time, decline to file a complaint. not commence until the parties have been af- (a) An original and four (4) copies of the (b) The charging party may not obtain a forded a reasonable amount of time, not to charge together with one copy for each addi- review of the General Counsel’s decision not exceed fifteen (15) days from the filing of the tional charged party named shall be filed to file a complaint. charge, during which period the parties are with the General Counsel. § 2423.11 Settlement or adjustment of issues urged to attempt to informally resolve the (b) Upon the filing of a charge, the charg- (a) At any stage of a proceeding prior to unfair labor practice allegation. ing party shall be responsible for the service hearing, where time, the nature of the pro- § 2423.3 Who may file charges of a copy of the charge (without the support- ceeding, and the public interest permit, all ing evidence and documents) upon the per- An employing office, employing activity, interested parties shall have the opportunity son(s) against whom the charge is made, and or labor organization may be charged by any to submit to the Executive Director or Gen- for filing a written statement of such service person with having engaged in or engaging in eral Counsel, as appropriate, for consider- with the General Counsel. The General Coun- any unfair labor practice prohibited under 5 ation, all facts and arguments concerning of- sel will, as a matter of course, cause a copy U.S.C. 7116, as applied by the CAA. fers of settlement, or proposals of adjust- of such charge to be served on the person(s) § 2423.4 Contents of the charge; supporting evi- ment. against whom the charge is made, but shall dence and documents not be deemed to assume responsibility for Precomplaint settlements (a) A charge alleging a violation of 5 U.S.C. such service. (b)(1) Prior to the filing of any complaint 7116, as applied by the CAA, shall be submit- (c) A charge will be deemed to be filed ted on forms prescribed by the General Coun- or the taking of other formal action, the when it is received by the General Counsel in General Counsel will afford the charging sel and shall contain the following: accordance with the requirements in para- (1) The name, address and telephone num- party and the respondent a reasonable period graph (a) of this section. of time in which to enter into a settlement ber of the person(s) making the charge; § 2423.7 Investigation of charges (2) The name, address and telephone num- agreement to be submitted to and approved ber of the employing office or activity, or (a) The General Counsel shall conduct such by the General Counsel and the Executive labor organization against whom the charge investigation of the charge as the General Director. Upon approval by the General is made; Counsel deems necessary. Consistent with Counsel and Executive Director and compli- (3) A clear and concise statement of the the policy set forth in § 2423.2, the investiga- ance with the terms of the settlement agree- facts constituting the alleged unfair labor tion will normally not commence until the ment, no further action shall be taken in the practice, a statement of the section(s) and parties have been afforded a reasonable case. If the respondent fails to perform its subsection(s) of chapter 71 of title 5 of the amount of time, not to exceed fifteen (15) obligations under the settlement agreement, United States Code made applicable by the days from the filing of the charge, to infor- the General Counsel may determine to insti- CAA alleged to have been violated, and the mally resolve the unfair labor practice alle- tute further proceedings. date and place of occurrence of the particu- gation. (2) In the event that the charging party (b) During the course of the investigation lar acts; and fails or refuses to become a party to a settle- all parties involved will have an opportunity (4) A statement of any other procedure in- ment agreement offered by the respondent, if to present their evidence and views to the voked involving the subject matter of the the General Counsel concludes that the of- General Counsel. charge and the results, if any, including fered settlement will effectuate the policies (c) In connection with the investigation of of chapter 71, as applied by the CAA, the whether the subject matter raised in the charges, all persons are expected to cooper- charge (i) has been raised previously in a agreement shall be between the respondent ate fully with the General Counsel. and the General Counsel and the latter shall grievance procedure; (ii) has been referred to (d) The purposes and policies of chapter 71, decline to file a complaint. the Board under Part 2471 of these regula- as applied by the CAA, can best be achieved tions, or the Federal Mediation and Concilia- by the full cooperation of all parties in- Post complaint settlement policy tion Service, or (iii) involves a negotiability volved and the voluntary submission of all (c) Consistent with the policy reflected in issue raised by the charging party in a peti- potentially relevant information from all po- tion pending before the Board pursuant to paragraph (a) of this section, even after the tential sources during the course of the in- filing of a complaint, the Board favors the Part 2424 of this subchapter. vestigation. To this end, it shall be the pol- (b) Such charge shall be in writing and settlement of issues. Such settlements may icy of the Board and the General Counsel to be accomplished as provided in paragraph (b) signed and shall contain a declaration by the protect the identity of individuals and the person signing the charge, under the pen- of this section. The parties may, as part of substance of the statements and information the settlement, agree to waive their right to alties of the Criminal Code (18 U.S.C. 1001), they submit or which is obtained during the that its contents are true and correct to the a hearing and agree further that the Board investigation as a means of assuring the may issue an order requiring the respondent best of that person’s knowledge and belief. Board’s and the General Counsel’s continu- (c) When filing a charge, the charging to take action appropriate to the terms of ing ability to obtain all relevant informa- the settlement. Ordinarily such a settlement party shall submit to the General Counsel tion. any supporting evidence and documents. agreement will also contain the respondent’s § 2423.8 Amendment of charges consent to the Board’s application for the § 2423.5 Selection of the unfair labor practice Prior to the issuance of a complaint, the entry of a decree by the United States Court procedure or the negotiability procedure charging party may amend the charge in ac- of Appeals for the Federal Circuit enforcing Where a labor organization files an unfair cordance with the requirements set forth in the Board’s order. labor practice charge pursuant to this part § 2423.6. Post complaint prehearing settlements which involves a negotiability issue, and the § 2423.9 Action by the general counsel labor organization also files pursuant to part (d)(1) If, after the filing of a complaint, the (a) The General Counsel shall take action 2424 of this subchapter a petition for review charging party and the respondent enter into which may consist of the following, as appro- of the same negotiability issue, the Board a settlement agreement, and such agreement priate: is accepted by the General Counsel, the set- and the General Counsel ordinarily will not (1) Approve a request to withdraw a tlement agreement shall be submitted to the process the unfair labor practice charge and charge; the petition for review simultaneously. (2) Refuse to file a complaint; Executive Director for approval. Under such circumstances, the labor organi- (3) Approve a written settlement and rec- (2) If, after the filing of a complaint, the zation must select under which procedure to ommend that the Executive Director approve charging party fails or refuses to become a proceed. Upon selection of one procedure, a written settlement agreement in accord- party to a settlement agreement offered by further action under the other procedure will ance with the provisions of section 414 of the the respondent, and the General Counsel con- ordinarily be suspended. Such selection must CAA; cludes that the offered settlement will effec- be made regardless of whether the unfair (4) File a complaint; tuate the policies of chapter 71, as applied by labor practice charge or the petition for re- (5) Upon agreement of all parties, transfer the CAA, the agreement shall be between the view of a negotiability issue is filed first. No- to the Board for decision, after filing of a respondent and the General Counsel. The H10378 CONGRESSIONAL RECORD — HOUSE September 12, 1996 charging party will be so informed and pro- shall file a motion in accordance with the ing or a request for hearing without a speci- vided a brief written statement by the Gen- procedures set forth in the Procedural Rules fication. Upon receipt of the request for eral Counsel of the reasons therefor. The set- of the Office. The motion shall state the hearing, the Executive Director will appoint tlement agreement together with the charg- grounds upon which such person claims in- an independent Hearing Officer. The responding party’s objections, if any, and the Gen- volvement. ent shall, within twenty (20) days after the eral Counsel’s written statements, shall be § 2423.16 [Reserved] service of a backpay specification, file an an- submitted to the Executive Director for ap- § 2423.17 [Reserved] swer thereto in accordance with the Office’s proval. The Executive Director may approve § 2423.18 Burden of proof before the hearing offi- Procedural Rules. No answer need be filed by or disapprove any settlement agreement. cer the respondent to a notice of hearing issued (3) After the filing of a complaint, if the without a specification. After the issuance of The General Counsel shall have the respon- General Counsel concludes that it will effec- a notice of hearing, with or without a back- sibility of presenting the evidence in support tuate the policies of chapter 71, as applied by pay specification, the hearing procedures of the complaint and shall have the burden the CAA, the General Counsel may withdraw provided in the Procedural Rules of the Of- of proving the allegations of the complaint the complaint. fice shall be followed insofar as applicable. by a preponderance of the evidence. Settlements after the opening of the hearing Part 2424 Expedited Review of Negotiability 2423.19 Duties and powers of the hearing officer (e)(1) After filing of a complaint and after Issues It shall be the duty of theHearing Officer opening of the hearing, if the General Coun- Subpart A—Instituting an Appeal sel concludes that it will effectuate the poli- to inquire fully into the facts as they relate cies of chapter 71, as applied by the CAA, the to the matter before such Hearing Officer, Sec. General Counsel may request theHearing Of- subject to the rules and regulations of the 2424.1 Conditions governing review. ficer for permission to withdraw the com- Office and the Board. 2424.2 Who may file a petition. 2424.3 Time limits for filing. plaint and, having been granted such permis- § 2423.20 [Reserved] 2424.4 Content of petition; service. sion to withdraw the complaint, may ap- § 2423.21 [Reserved] 2424.5 Selection of the unfair labor practice prove a settlement and recommend that the § 2423.22 [Reserved] procedure or the negotiability proce- Executive Director approve the settlement § 2423.23 [Reserved] dure. pursuant to paragraph (b) of this section. § 2423.24 [Reserved] 2424.6 Position of the employing office; time (2) If, after filing of a complaint and after § 2423.25 [Reserved] opening of the hearing, the parties enter into § 2423.26 Hearing officer decisions; entry in limits for filing; service. a settlement agreement that contains the re- records of the office 2424.7 Response of the exclusive representa- spondent’s consent to the Board’s applica- tive; time limits for filing; service. In accordance with the Procedural Rules of tion for the entry of a decree by the United 2424.8 Additional submissions to the Board. States Court of Appeals for the Federal Cir- the Office, theHearing Officer shall issue a 2424.9 Hearing. cuit enforcing the Board’s order, the General written decision and that decision will be en- 2424.10 Board decision and order; compli- Counsel may request theHearing Officer and tered into the records of the Office. ance. the Executive Director to approve such set- § 2423.27 Appeal to the Board Subpart B—Criteria for Determining Compelling tlement agreement, and upon such approval, An aggrieved party may seek review of a Need for Employing Office Rules and Regula- to transmit the agreement to the Board for decision and order of theHearing Officer in tions approval. accordance with the Procedural Rules of the 2424.11 Illustrative criteria. (3) If the charging party fails or refuses to Office. become a party to a settlement agreement, SUBPART A—INSTITUTING AN APPEAL § 2423.28 [Reserved] offered by the respondent, that contains the § 2424.1 Conditions governing review § 2423.29 Action by the board respondent’s consent to the Board’s applica- The Board will consider a negotiability tion for the entry of a decree by the United (a) If an appeal is filed, the Board shall re- issue under the conditions prescribed by 5 States Court of Appeals for the Federal Cir- view the decision of theHearing Officer in ac- U.S.C. 7117 (b) and (c), as applied by the CAA, cuit enforcing the Board’s order, and the cordance with section 406 of the CAA, and namely: If an employing office involved in General Counsel concludes that the offered the Procedural Rules of the Office. collective bargaining with an exclusive rep- (b) Upon finding a violation, the Board settlement will effectuate the policies of resentative alleges that the duty to bargain shall issue an order: chapter 71, as applied to the CAA, the agree- in good faith does not extend to any matter (1) To cease and desist from any such un- ment shall be between the respondent and proposed to be bargained because, as pro- fair labor practice in which the employing the General Counsel. After the charging posed, the matter is inconsistent with law, office or labor organization is engaged; party is given an opportunity to state on the rule or regulation, the exclusive representa- (2) Requiring the parties to renegotiate a record or in writing the reasons for opposing tive may appeal the allegation to the Board collective bargaining agreement in accord- the settlement, the General Counsel may re- when— quest theHearing Officer and the Executive ance with the order of the Board and requir- (a) It disagrees with the employing office’s Director to approve such settlement agreeing that the agreement, as amended, be allegation that the matter as proposed to be ment, and upon such approval, to transmit given retroactive effect; bargained is inconsistent with any Federal the agreement to the Board for approval. (3) Requiring reinstatement of an em- law or any Government-wide rule or regula- The Board may approve or disapprove any ployee with backpay in accordance with 5 tion; or such settlement agreement or return the U.S.C. 5596; or (b) It alleges, with regard to any employ- case to theHearing Officer for other appro- (4) Including any combination of the ac- ing office rule or regulation asserted by the priate action. tions described in paragraphs (1) through (3) employing office as a bar to negotiations on § 2423.12 Filing and contents of the complaint of this paragraph (b), or such other action as the matter, as proposed, that: will carry out the purpose of the chapter 71, (a) After a charge is filed, if it appears to (1) The rule or regulation violates applica- as applied by the CAA. the General Counsel that formal proceedings ble law, or rule or regulation of appropriate (c) Upon finding no violation, the Board in respect thereto should be instituted, the authority outside the employing office; shall dismiss the complaint. General Counsel shall file a formal com- (2) The rule or regulation was not issued by plaint: provided, however, that a determina- § 2423.30 Compliance with decisions and orders the employing office or by any primary nation by the General Counsel to file a com- of the board tional subdivision of the employing office, or plaint shall not be subject to review. When remedial action is ordered, the re- otherwise is not applicable to bar negotia- (b) The complaint shall include: spondent shall report to the Office within a tions with the exclusive representative, (1) Notice of the charge; specified period that the required remedial under 5 U.S.C. 7117(a)(3), as applied by the (2) Any information required pursuant to action has been effected. When the General CAA; or the Procedural Rules of the Office. Counsel or the Executive Director finds that (3) No compelling need exists for the rule (c) Any such complaint may be withdrawn the required remedial action has not been ef- or regulation to bar negotiations on the mat- before the hearing by the General Counsel. fected, the General Counsel or the Executive ter, as proposed, because the rule or regula- § 2423.13 Answer to the complaint Director shall take such action as may be tion does not meet the criteria established in A respondent shall file an answer to a com- appropriate, including referral to the Board subpart B of this part. plaint in accordance with the requirements for enforcement. § 2424.2 Who may file a petition of the Procedural Rules of the Office. § 2423.31 Backpay proceedings A petition for review of a negotiability § 2423.14 Prehearing disclosure; conduct of hear- After the entry of a Board order directing issue may be filed by an exclusive representing payment of backpay, or the entry of a court ative which is a party to the negotiations. The procedures for prehearing discovery decree enforcing such order, if it appears to § 2424.3 Time limits for filing and the conduct of the hearing are set forth the General Counsel that a controversy ex- The time limit for filing a petition for rein the Procedural Rules of the Office. ists which cannot be resolved without a for- view is fifteen (15) days after the date the § 2423.15 Intervention mal proceeding, the General Counsel may employing office’s allegation that the duty Any person involved and desiring to inter- issue and serve on all parties a backpay spec- to bargain in good faith does not extend to vene in any proceeding pursuant to this part ification accompanied by a request for hear- the matter proposed to be bargained is September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10379 served on the exclusive representative. The which solely involve an employing office’s mental or responsive in nature, other than exclusive representative shall request such allegation that the duty to bargain in good those authorized under § 2424.2 through 2424.7 allegation in writing and the employing of- faith does not extend to the matter proposed unless such submission is requested by the fice shall make the allegation in writing and to be bargained and which do not involve ac- Board; or unless, upon written request by serve a copy on the exclusive representative: tual or contemplated changes in conditions any party, a copy of which is served on all provided, however, that review of a nego- of employment may only be filed under this other parties, the Board in its discretion tiability issue may be requested by an exclu- part. grants permission to file such submission. sive representative under this subpart with- § 2424.6 Position of the employing office; time § 2424.9 Hearing out a prior written allegation by the employ- limits for filing; service A hearing may be held, in the discretion of ing office if the employing office has not (a) Within thirty (30) days after the date of the Board, before a determination is made served such allegation upon the exclusive the receipt by the head of an employing of- under 5 U.S.C. 7117(b) or (c), as applied by the representative within ten (10) days after the fice of a copy of a petition for review of a ne- CAA. If a hearing is held, it shall be expe- date of the receipt by any employing office gotiability issue the employing office shall dited to the extent practicable and shall not bargaining representative at the negotia- file a statement— include the General Counsel as a party. tions of a written request for such allega- (1) Withdrawing the allegation that the tion. duty to bargain in good faith does not extend § 2424.10 Board decision and order; compliance § 2424.4 Content of petition; service to the matter proposed to be negotiated; or (a) Subject to the requirements of this sub- (2) Setting forth in full its position on any part the Board shall expedite proceedings (a) A petition for review shall be dated and matters relevant to the petition which it under this part to the extent practicable and shall contain the following: wishes the Board to consider in reaching its shall issue to the exclusive representative (1) A statement setting forth the express decision, including a full and detailed state- and to the employing office a written deci- language of the proposal sought to be nego- ment of its reasons supporting the allega- sion on the allegation and specific reasons tiated as submitted to the employing office; tion. The statement shall cite the section of therefore at the earliest practicable date. (2) An explicit statement of the meaning any law, rule or regulation relied upon as a attributed to the proposal by the exclusive (b) If the Board finds that the duty to bar- basis for the allegation and shall contain a gain extends to the matter proposed to be representative including: copy of any internal employing office rule or (i) Explanation of terms of art, acronyms, bargained, the decision of the Board shall in- regulation so relied upon. The statement clude an order that the employing office technical language, or any other aspect of shall include: the language of the proposal which is not in shall upon request (or as otherwise agreed to (i) Explanation of the meaning the employ- by the parties) bargain concerning such mat- common usage; and ing office attributes to the proposal as a (ii) Where the proposal is concerned with a ter. If the Board finds that the duty to bar- whole, including any terms of art, acronyms, gain does not extend to the matter proposed particular work situation, or other particu- technical language or any other aspect of the to be negotiated, the Board shall so state lar circumstances, a description of the situa- language of the proposal which is not in and issue an order dismissing the petition for tion or circumstances which will enable the common usage; and Board to understand the context in which (ii) Description of a particular work situa- review of the negotiability issue. If the the proposal is intended to apply; tion, or other particular circumstance the Board finds that the duty to bargain extends (3) A copy of all pertinent material, includ- employing office views the proposal to con- to the matter proposed to be bargained only ing the employing office’s allegation in writ- cern, which will enable the Board to under- at the election of the employing office, the ing that the matter, as proposed, is not with- stand the context in which the proposal is Board shall so state and issue an order dis- in the duty to bargain in good faith, and considered to apply by the employing office. missing the petition for review of the nego- other relevant documentary material; and (b) A copy of the employing office’s state- tiability issue. (4) Notification by the petitioning labor or- ment of position, including all attachments (c) When an order is issued as provided in ganization whether the negotiability issue is thereto shall be served on the exclusive rep- paragraph (b) of this section, the employing also involved in an unfair labor practice resentative. office or exclusive representative shall recharge filed by such labor organization under § 2424.7 Response of the exclusive representative; port to the Executive Director within a spec- part 2423 of this subchapter and pending be- time limits for filing; service ified period failure to comply with an order that the employing office shall upon request fore the General Counsel. (a) Within fifteen (15) days after the date of (b) A copy of the petition including all at- the receipt by an exclusive representative of (or as otherwise agreed to by the parties) tachments thereto shall be served on the em- a copy of an employing office’s statement of bargain concerning the disputed matter. ploying office head and on the principal em- position the exclusive representative shall SUBPART B—CRITERIA FOR DETERMINING COM- ploying office bargaining representative at file a full and detailed response stating its PELLING NEED FOR EMPLOYING OFFICE RULES the negotiations. position and reasons for: AND REGULATIONS (c)(1) Filing an incomplete petition for re- (1) Disagreeing with the employing office’s § 2424.11 Illustrative criteria view will result in the exclusive representa- allegation that the matter, as proposed to be A compelling need exists for an employing tive being asked to provide the missing or in- negotiated, is inconsistent with any Federal office rule or regulation concerning any con- complete information. Noncompliance with a law or Government-wide rule or regulation; dition of employment when the employing request to complete the record may result in or office demonstrates that the rule or regula- dismissal of the petition. (2) Alleging that the employing office’s tion meets one or more of the following illus- (2) The processing priority accorded to an rules or regulations violate applicable law, trative criteria: incomplete petition, relative to other pend- or rule or regulation or appropriate author- (a) The rule or regulation is essential, as ing negotiability appeals, will be based upon ity outside the employing office; that the distinguished from helpful or desirable, to the date when the petition is completed—not rules or regulations were not issued by the the accomplishment of the mission or the the date it was originally filed. employing office or by any primary national subdivision of the employing office, or other- execution of functions of the employing of- § 2424.5 Selection of the unfair labor practice fice or primary national subdivision in a procedure or the negotiability procedure wise are not applicable to bar negotiations under 5 U.S.C. 7117(a)(3), as applied by the manner which is consistent with the require- Where a labor organization files an unfair CAA; or that no compelling need exists for ments of an effective and efficient govern- labor practice charge pursuant to part 2423 of the rules or regulations to bar negotiations. ment. this subchapter which involves a negotiabil- (b) The response shall cite the particular (b) The rule or regulation is necessary to ity issue, and the labor organization also section of any law, rule or regulation alleged insure the maintenance of basic merit prin- files pursuant to this part a petition for re- to be violated by the employing office’s rules ciples. view of the same negotiability issue, the or regulations; or shall explain the grounds (c) The rule or regulation implements a Board and the General Counsel ordinarily for contending the employing office rules or mandate to the employing office or primary will not process the unfair labor practice regulations are not applicable to bar nego- national subdivision under law or other out- charge and the petition for review simulta- tiations under 5 U.S.C. 7117(a)(3), as applied side authority, which implementation is es- neously. Under such circumstances, the by the CAA, or fail to meet the criteria essentially nondiscretionary in nature. labor organization must select under which tablished in subpart B of this part, or were Part 2425—Review of Arbitration Awards procedure to proceed. Upon selection of one not issued at the employing office head- Sec. procedure, further action under the other quarters level or at the level of a primary 2425.1 Who may file an exception; time lim- procedure will ordinarily be suspended. Such national subdivision. its for filing; opposition; service. selection must be made regardless of wheth- (c) A copy of the response of the exclusive 2425.2 Content of exception. er the unfair labor practice charge or the pe- representative including all attachments 2425.3 Grounds for review. tition for review of a negotiability issue is thereto shall be served on the employing of- 2425.4 Board decision. filed first. Notification of this selection must fice head and on the employing office’s rep- be made in writing at the time that both resentative of record in the proceeding be- § 2425.1 Who may file an exception; time limits procedures have been invoked, and must be fore the Board. for filing; opposition; service served on the Board, the General Counsel § 2424.8 Additional submissions to the board (a) Either party to arbitration under the and all parties to both the unfair labor prac- The Board will not consider any submis- provisions of chapter 71 of title 5 of the Unit- tice case and the negotiability case. Cases sion filed by any party, whether supple- ed States Code, as applied by the CAA, may H10380 CONGRESSIONAL RECORD — HOUSE September 12, 1996 file an exception to an arbitrator’s award (1) At the employing office level, employ- (ii) An original and four (4) copies of a peti- rendered pursuant to the arbitration. ees represented by the labor organization tion shall be filed, together with a statement (b) The time limit for filing an exception under national exclusive recognition granted of any other relevant facts and of all cor- to an arbitration award is thirty (30) days beat the employing office level. respondence. ginning on the date the award is served on (2) At the primary national subdivision (iii) Copies of the petition together with the filing party. level, employees represented by the labor or- the attachments referred to in paragraph (c) An opposition to the exception may be ganization under national exclusive recogni- (b)(3)(ii) of this section shall be served by the filed by a party within thirty (30) days after tion granted at the agency level or at that petitioner on all known interested parties, the date of service of the exception. primary national subdivision level. and a written statement of such service shall (d) A copy of the exception and any opposi- (d) An employing office or a primary na- be filed with the Executive Director. tion shall be served on the other party. tional subdivision of an employing office (iv) A petition shall be filed within thirty § 2425.2 Content of exception shall not grant national consultation rights (30) days after the service of written notice to any labor organization that does not meet An exception must be a dated, self-con- by the employing office or primary national the criteria prescribed in paragraphs (a), (b) subdivision of its refusal to accord national tained document which sets forth in full: and (c) of this section. (a) A statement of the grounds on which consultation rights pursuant to a request review is requested; § 2426.2 Requests; petition and procedures for under § 2426.2(a) or its intention to terminate (b) Evidence or rulings bearing on the is- determination of eligibility for national con- existing national consultation rights. If an sues before the Board; sultation rights employing office or primary national sub- (c) Arguments in support of the stated (a) Requests by labor organizations for na- division fails to respond in writing to a re- grounds, together with specific reference to tional consultation rights shall be submitted quest for national consultation rights made the pertinent documents and citations of au- in writing to the headquarters of the em- under § 2426.2(a) within fifteen (15) days after thorities; and ploying office or the employing office’s pri- the date the request is served on the employ- (d) A legible copy of the award of the arbi- mary national subdivision, as appropriate, ing office or primary national subdivision, a trator and legible copies of other pertinent which headquarters shall have fifteen (15) petition shall be filed within thirty (30) days documents; and days from the date of service of such request after the expiration of such fifteen (15) day (e) The name and address of the arbitrator. to respond thereto in writing. period. (b) Issues relating to a labor organization’s § 2425.3 Grounds for review (v) If an employing office or primary na- eligibility for, or continuation of, national tional subdivision wishes to terminate na- The Board will review an arbitrator’s consultation rights shall be referred to the tional consultation rights, notice of its in- award to which an exception has been filed Board for determination as follows: tention to do so shall include a statement of to determine if the award is deficient— (1) A petition for determination of the eli- its reasons and shall be served not less than (a) Because it is contrary to any law, rule gibility of a labor organization for national thirty (30) days prior to the intended termi- or regulation; or consultation rights under criteria set forth (b) On other grounds similar to those ap- nation date. A labor organization, after rein § 2426.1 may be filed by a labor organiza- ceiving such notice, may file a petition with- plied by Federal courts in private sector tion. labor-management relations. in the time period prescribed herein, and (2) A petition for determination of eligi- thereby cause to be stayed further action by bility for national consultation rights shall § 2425.4 Board decision the employing office or primary national be submitted on a form prescribed by the The Board shall issue its decision and subdivision pending disposition of the peti- Board and shall set forth the following infor- order taking such action and making such tion. If no petition has been filed within the mation: recommendations concerning the award as it provided time period, an employing office or (i) Name and affiliation, if any, of the peti- considers necessary, consistent with applica- primary national subdivision may terminate ble laws, rules, or regulations. tioner and its address and telephone number; (ii) A statement that the petitioner has national consultation rights. Part 2426—National Consultation Rights and submitted to the employing office or the pri- (vi) Within fifteen (15) days after the re- Consultation Rights on Government-wide mary national subdivision and to the Assist- ceipt of a copy of the petition, the employing Rules or Regulations ant Secretary a roster of its officers and rep- office or primary national subdivision shall Subpart A—National Consultation Rights resentatives, a copy of its constitution and file a response thereto with the Executive Director raising any matter which is rel- Sec. bylaws, and a statement of its objectives; evant to the petition. 2426.1 Requesting; granting; criteria. (iii) A declaration by the person signing (vii) The Executive Director, on behalf of 2426.2 Requests; petition and procedures for the petition, under the penalties of the the Board, shall make such investigations as determination of eligibility for na- Criminal Code (18 U.S.C. 1001), that its con- the Executive Director deems necessary and tional consultation rights. tents are true and correct to the best of such thereafter shall issue and serve on the par- 2426.3 Obligation to consult. person’s knowledge and belief; (iv) The signature of the petitioner’s rep- ties a determination with respect to the eli- Subpart B—Consultation Rights on resentative, including such person’s title and gibility for national consultation rights Government-wide Rules or Regulations telephone number; which shall be final: provided, however, that 2426.11 Requesting; granting; criteria. (v) The name, address, and telephone num- an application for review of the Executive 2426.12 Requests; petition and procedures ber of the employing office or primary na- Director’s determination may be filed with for determination of eligibility for con- tional subdivision in which the petitioner the Board in accordance with the procedure sultation rights on Government-wide seeks to obtain or retain national consulta- set forth in § 2422.31 of this subchapter. A de- rules or regulations. tion rights, and the persons to contact and termination by the Executive Director to 2426.13 Obligation to consult. their titles, if known; issue a notice of hearing shall not be subject SUBPART A—NATIONAL CONSULTATION RIGHTS (vi) A showing that petitioner holds ade- to the filing of an application for review. On § 2426.1 Requesting; granting; criteria quate exclusive recognition as required by behalf of the Board, the Executive Director, § 2426.1; and if appropriate, may cause a notice of hearing (a) An employing office shall accord na- (vii) A statement as appropriate: to be issued to all interested parties where tional consultation rights to a labor organi- (A) That such showing has been made to substantial factual issues exist warranting zation that: and rejected by the employing office or pri- an investigatory hearing. Investigatory (1) Requests national consultation rights mary national subdivision, together with a hearings shall be conducted by the Executive at the employing office level; and statement of the reasons for rejection, if Director or her designee in accordance with (2) Holds exclusive recognition for ten per- any, offered by that employing office or pri- §§ 2422.17 through 2422.22 of this subchapter cent (10%) or more of the total number of mary national subdivision; and after the close of the investigatory hear- personnel employed by the employing office. (B) That the employing office or primary ing a Decision and Order shall be issued by (b) An employing office’s primary national national subdivision has served notice of its the Board in accordance with § 2422.30 of this subdivision which has authority to formu- intent to terminate existing national con- subchapter. late conditions of employment shall accord sultation rights, together with a statement § 2426.3 Obligation to consult national consultation rights to a labor orga- of the reasons for termination; or nization that: (C) That the employing office or primary (a) When a labor organization has been ac- (1) Requests national consultation rights national subdivision has failed to respond in corded national consultation rights, the em- at the primary national subdivision level; writing to a request for national consulta- ploying office or the primary national sub- and tion rights made under § 2426.2(a) within fif- division which has granted those rights (2) Holds exclusive recognition for ten per- teen (15) days after the date the request is shall, through appropriate officials, furnish cent (10%) or more of the total number of served on the employing office or primary designated representatives of the labor orga- personnel employed by the primary national national subdivision. nization: subdivision. (3) The following regulations govern peti- (1) Reasonable notice of any proposed sub- (c) In determining whether a labor organi- tions filed under this section: stantive change in conditions of employ- zation meets the requirements as prescribed (i) A petition for determination of eligi- ment; and in paragraphs (a)(2) and (b)(2) of this section, bility for national consultation rights shall (2) Reasonable time to present its views the following will not be counted: be filed with the Executive Director. and recommendations regarding the change. September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10381 (b) If a labor organization presents any gether with a statement of the reasons for § 2426.13 Obligation to consult views or recommendations regarding any rejection, if any, offered by that employing (a) When a labor organization has been ac- proposed substantive change in conditions of office; corded consultation rights on Government- employment to an employing office or a pri- (B) That the employing office has served wide rules or regulations, the employing of- notice of its intent to terminate existing mary national subdivision, that employing fice which has granted those rights shall, consultation rights on Government-wide office or primary national subdivision shall: through appropriate officials, furnish des- rules or regulations, together with a state- (1) Consider the views or recommendations ignated representatives of the labor organi- ment of the reasons for termination; or before taking final action on any matter zation: with respect to which the views or rec- (C) That the employing office has failed to respond in writing to a request for consulta- (1) Reasonable notice of any proposed Gov- ommendations are presented; and ernment-wide rule or regulation issued by (2) Provide the labor organization a writ- tion rights on Government-wide rules or regulations made under § 2426.12(a) within fif- the employing office affecting any sub- ten statement of the reasons for taking the stantive change in any condition of employ- final action. teen (15) days after the date the request is served on the employing office. ment; and (c) Nothing in this subpart shall be con- (2) Reasonable time to present its views strued to limit the right of any employing (3) The following regulations govern petitions filed under this section: and recommendations regarding the change. office or exclusive representative to engage (i) A petition for determination of eligi- (b) If a labor organization presents any in collective bargaining. bility for consultation rights on Govern- views or recommendations regarding any SUBPART B—CONSULTATION RIGHTS ON ment-wide rules or regulations shall be filed proposed substantive change in any condi- GOVERNMENT-WIDE RULES OR REGULATIONS with the Executive Director. tion of employment to an employing office, § 2426.11 Requesting; granting; criteria (ii) An original and four (4) copies of a peti- that employing office shall: tion shall be filed, together with a statement (a) An employing office shall accord con- (1) Consider the views or recommendations of any other relevant facts and of all cor- sultation rights on Government-wide rules before taking final action on any matter respondence. with respect to which the views or rec- or regulations to a labor organization that: (iii) Copies of the petition together with (1) Requests consultation rights on Gov- ommendations are presented; and the attachments referred to in paragraph (2) Provide the labor organization a writ- ernment-wide rules or regulations from an (b)(3)(ii) of this section shall be served by the employing office; and ten statement of the reasons for taking the petitioner on the employing office, and a final action. (2) Holds exclusive recognition for 350 or written statement of such service shall be more covered employees within the legisla- filed with the Executive Director. Part 2427—General Statements of Policy or tive branch. (iv) A petition shall be filed within thirty Guidance (b) An employing office shall not grant (30) days after the service of written notice Sec. consultation rights on Government-wide by the employing office of its refusal to ac- 2427.1 Scope. rules or regulations to any labor organiza- cord consultation rights on Government- 2427.2 Requests for general statements of tion that does not meet the criteria pre- wide rules or regulations pursuant to a re- policy or guidance. scribed in paragraph (a) of this section. quest under § 2426.12(a) or its intention to 2427.3 Content of request § 2426.12 Requests; petition and procedures for terminate such existing consultation rights. 2427.4 Submissions from interested parties. determination of eligibility for consultation If an employing office fails to respond in 2427.5 Standards governing issuance of gen- rights on Government-wide rules or regula- writing to a request for consultation rights eral statements of policy or guidance. on Government-wide rules or regulations tions § 2427.1 Scope (a) Requests by labor organizations for made under § 2426.12(a) within fifteen (15) This part sets forth procedures under consultation rights on Government-wide days after the date the request is served on which requests may be submitted to the rules or regulations shall be submitted in the employing office, a petition shall be filed Board seeking the issuance of general state- writing to the headquarters of the employing within thirty (30) days after the expiration of ments of policy or guidance under 5 U.S.C. office, which headquarters shall have fifteen such fifteen (15) day period. (v) If an employing office wishes to termi- 7105(a)(1), as applied by the CAA. (15) days from the date of service of such re- nate consultation rights on Government- quest to respond thereto in writing. § 2427.2 Requests for general statements of policy wide rules or regulations, notice of its inten- (b) Issues relating to a labor organization’s or guidance tion to do so shall be served not less than eligibility for, or continuation of, consulta- thirty (30) days prior to the intended termi- (a) The head of an employing office (or des- tion rights on Government-wide rules or reg- nation date. A labor organization, after re- ignee), the national president of a labor or- ulations shall be referred to the Board for de- ceiving such notice, may file a petition with- ganization (or designee), or the president of termination as follows: in the time period prescribed herein, and a labor organization not affiliated with a na- (1) A petition for determination of the eli- thereby cause to be stayed further action by tional organization (or designee) may sepa- gibility of a labor organization for consulta- the employing office pending disposition of rately or jointly ask the Board for a general tion rights under criteria set forth in § 2426.11 the petition. If no petition has been filed statement of policy or guidance. The head of may be filed by a labor organization. within the provided time period, an employ- any lawful association not qualified as a (2) A petition for determination of eligi- ing office may terminate such consultation labor organization may also ask the Board bility for consultation rights shall be sub- rights. for such a statement provided the request is mitted on a form prescribed by the Board (vi) Within fifteen (15) days after the re- not in conflict with the provisions of chapter and shall set forth the following informa- ceipt of a copy of the petition, the employing 71 of title 5 of the United States Code, as ap- tion: office shall file a response thereto with the plied by the CAA, or other law. (i) Name and affiliation, if any, of the peti- Executive Director raising any matter which (b) The Board ordinarily will not consider tioner and its address and telephone number; is relevant to the petition. a request related to any matter pending be- (ii) A statement that the petitioner has (vii) The Executive Director, on behalf of fore the Board or General Counsel. submitted to the employing office and to the the Board, shall make such investigation as § 2427.3 Content of request. Assistant Secretary a roster of its officers the Executive Director deems necessary and and representatives, a copy of its constitu- thereafter shall issue and serve on the par- (a) A request for a general statement of tion and bylaws, and a statement of its ob- ties a determination with respect to the eli- policy or guidance shall be in writing and jectives; gibility for consultation rights which shall must contain: (iii) A declaration by the person signing be final: Provided, however, that an applica- (1) A concise statement of the question the petition, under the penalties of the tion for review of the Executive Director’s with respect to which a general statement of Criminal Code (18 U.S.C. 1001), that its con- determination may be filed with the Board policy or guidance is requested together with tents are true and correct to the best of such in accordance with the procedure set forth in background information necessary to an un- person’s knowledge and belief; § 2422.31 of this subchapter. A determination derstanding of the question; (iv) The signature of the petitioner’s rep- by the Executive Director to issue a notice (2) A statement of the standards under resentative, including such person’s title and of investigatory hearing shall not be subject § 2427.5 upon which the request is based; telephone number; to the filing of an application for review. On (3) A full and detailed statement of the po- (v) The name, address, and telephone num- behalf of the Board, the Executive Director, sition or positions of the requesting party or ber of the employing office in which the peti- if appropriate, may cause a notice of inves- parties; tioner seeks to obtain or retain consultation tigatory hearing to be issued where substan- (4) Identification of any cases or other pro- rights on Government-wide rules or regula- tial factual issues exist warranting a hear- ceedings known to bear on the question tions, and the persons to contact and their ing. Investigatory hearings shall be con- which are pending under the CAA; and titles, if known; ducted by the Executive Director or her des- (5) Identification of other known interested (vi) A showing that petitioner meets the ignee in accordance with § 2422.17 through parties. criteria as required by § 2426.11; and 2422.22 of this chapter and after the close of (b) A copy of each document also shall be (vii) A statement, as appropriate: the investigatory hearing a Decision and served on all known interested parties, in- (A) That such showing has been made to Order shall be issued by the Board in accord- cluding the General Counsel, where appro- and rejected by the employing office, to- ance with § 2422.30 of this subchapter. priate. H10382 CONGRESSIONAL RECORD — HOUSE September 12, 1996 § 2427.4 Submissions from interested parties 2429.5 Matters not previously presented; of- § 2429.7 [Reserved] Prior to issuance of a general statement of ficial notice. § 2429.8 [Reserved] policy or guidance the Board, as it deems ap- 2429.6 Oral argument. § 2429.9 [Reserved] propriate, will afford an opportunity to in- 2429.7 [Reserved] § 2429.10 Advisory opinions terested parties to express their views orally 2429.8 [Reserved] The Board and the General Counsel will or in writing. 2429.9 [Reserved] not issue advisory opinions. § 2427.5 Standards governing issuance of general 2429.10 Advisory opinions. § 2429.11 [Reserved] statements of policy or guidance 2429.11 [Reserved] § 2429.12 [Reserved] 2429.12 [Reserved] In deciding whether to issue a general § 2429.13 Official time 2429.13 Official time. statement of policy or guidance, the Board If the participation of any employee in any 2429.14 Witness fees. shall consider: phase of any proceeding before the Board 2429.15 Board requests for advisory opin- (a) Whether the question presented can under section 220 of the CAA, including the ions. more appropriately be resolved by other investigation of unfair labor practice 2429.16 General remedial authority. means; charges and representation petitions and the (b) Where other means are available, 2429.17 [Reserved] participation in hearings and representation whether a Board statement would prevent 2429.18 [Reserved] elections, is deemed necessary by the Board, the proliferation of cases involving the same Subpart B—General Requirements the Executive Director, the General Counsel, or similar question; 2429.21 [Reserved] any Hearing Officer, or other agent of the (c) Whether the resolution of the question 2429.22 [Reserved] Board designated by the Board, such em- presented would have general applicability 2429.23 Extension; waiver. ployee shall be granted official time for such under chapter 71, as applied by the CAA; 2429.24 [Reserved] participation, including necessary travel (d) Whether the question currently con- 2429.25 [Reserved] time, as occurs during the employee’s regu- fronts parties in the context of a labor-man- 2429.26 [Reserved] lar work hours and when the employee would agement relationship; 2429.27 [Reserved] otherwise be in a work or paid leave status. (e) Whether the question is presented joint- 2429.28 Petitions for amendment of regula- § 2429.14 Witness fees ly by the parties involved; and (f) Whether the issuance by the Board of a tions. (a) Witnesses (whether appearing voluntarily, or under a subpena) shall be paid the general statement of policy or guidance on SUBPART A—MISCELLANEOUS the question would promote constructive and fee and mileage allowances which are paid cooperative labor-management relationships § 2429.1 Transfer of cases to the board subpenaed witnesses in the courts of the United States: Provided, that any witness in the legislative branch and would other- In any unfair labor practice case under who is employed by the Federal Government wise promote the purposes of chapter 71, as part 2423 of this subchapter in which, after shall not be entitled to receive witness fees applied by the CAA. the filing of a complaint, the parties stipu- in addition to compensation received pursu- Part 2428—Enforcement of Assistant Sec- late that no material issue of fact exists, the ant to § 2429.13. Executive Director may, upon agreement of retary Standards of Conduct Decisions and (b) Witness fees and mileage allowances all parties, transfer the case to the Board; Orders shall be paid by the party at whose instance and the Board may decide the case on the Sec. the witnesses appear, except when the wit- basis of the formal documents alone. Briefs 2428.1 Scope. ness receives compensation pursuant to in the case must be filed with the Board 2428.2 Petitions for enforcement. § 2429.13. 2428.3 Board decision. within thirty (30) days from the date of the Executive Director’s order transferring the § 2429.15 Board requests for advisory opinions § 2428.1 Scope case to the Board. The Board may also re- (a) Whenever the Board, pursuant to 5 This part sets forth procedures under mand any such case to the Executive Direc- U.S.C. 7105(i), as applied by the CAA, re- which the Board, pursuant to 5 U.S.C. tor for further processing. Orders of transfer quests an advisory opinion from the Director 7105(a)(2)(I), as applied by the CAA, will en- and remand shall be served on all parties. of the Office of Personnel Management con- force decisions and orders of the Assistant cerning the proper interpretation of rules, § 2429.2 [Reserved] Secretary in standards of conduct matters regulations, or policy directives issued by arising under 5 U.S.C. 7120, as applied by the § 2429.3 Transfer of record that Office in connection with any matter CAA. In any case under part 2425 of this sub- before the Board, a copy of such request, and § 2428.2 Petitions for enforcement chapter, upon request by the Board, the par- any response thereto, shall be served upon (a) The Assistant Secretary may petition ties jointly shall transfer the record in the the parties in the matter. the Board to enforce any Assistant Secretary case, including a copy of the transcript, if (b) The parties shall have fifteen (15) days decision and order in a standards of conduct any, exhibits, briefs and other documents from the date of service of a copy of the re- case arising under 5 U.S.C. 7120, as applied by filed with the arbitrator, to the Board. sponse of the Office of Personnel Manage- the CAA. The Assistant Secretary shall ment to file with the Board comments on transfer to the Board the record in the case, § 2429.4 Referral of policy questions to the that response which the parties wish the including a copy of the transcript if any, ex- board Board to consider before reaching a decision hibits, briefs, and other documents filed with Notwithstanding the procedures set forth in the matter. Such comments shall be in the Assistant Secretary. A copy of the peti- in this subchapter, the General Counsel, or writing and copies shall be served upon the tion for enforcement shall be served on the the Assistant Secretary, may refer for re- other parties in the matter and upon the Of- labor organization against which such order view and decision or general ruling by the fice of Personnel Management. applies. Board any case involving a major policy § 2429.16 General remedial authority (b) An opposition to Board enforcement of issue that arises in a proceeding before any The Board shall take any actions which any such Assistant Secretary decision and of them. Any such referral shall be in writ- are necessary and appropriate to administer order may be filed by the labor organization ing and a copy of such referral shall be effectively the provisions of chapter 71 of against which such order applies twenty (20) served on all parties to the proceeding. Be- title 5 of the United States Code, as applied days from the date of service of the petition, fore decision or general ruling, the Board by the CAA. unless the Board, upon good cause shown by shall obtain the views of the parties and § 2429.17 [Reserved] the Assistant Secretary, sets a shorter time other interested persons, orally or in writ- § 2429.18 [Reserved] for filing such opposition. A copy of the oping, as it deems necessary and appropriate. Subpart B—General Requirements position to enforcement shall be served on The Board may decline a referral. the Assistant Secretary. § 2429.21 [Reserved] § 2429.5 Matters not previously presented; offi- § 2428.3 Board decision § 2429.22 [Reserved] cial notice § 2429.23 Extension; waiver The Board shall issue its decision on the case enforcing, enforcing as modified, or re- The Board will not consider evidence of- (a) Except as provided in paragraph (d) of fusing to enforce, the decision and order of fered by a party, or any issue, which was not this section, the Board or General Counsel, the Assistant Secretary. presented in the proceedings before the Exec- or their designated representatives, as appro- utive Director, Hearing Officer, or arbitra- priate, may extend any time limit provided Part 2429—Miscellaneous and General tor. The Board may, however, take official in this subchapter for good cause shown, and Requirements notice of such matters as would be proper. shall notify the parties of any such exten- Subpart A—Miscellaneous sion. Requests for extensions of time shall be § 2429.6 Oral argument Sec. in writing and received by the appropriate 2429.1 Transfer of cases to the Board. The Board or the General Counsel, in their official not later than five (5) days before the 2429.2 [Reserved] discretion, may request or permit oral argu- established time limit for filing, shall state 2429.3 Transfer of record. ment in any matter arising under this sub- the position of the other parties on the re- 2429.4 Referral of policy questions to the chapter under such circumstances and condi- quest for extension, and shall be served on Board. tions as they deem appropriate. the other parties. September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10383 (b) Except as provided in paragraph (d) of Part 2471—Procedures of the Board in status of impasses or other related matters, this section, the Board or General Counsel, Impasse Proceedings should be addressed to the Executive Direc- or their designated representatives, as appro- Sec. tor, Office of Compliance. priate, may waive any expired time limit in 2471.1 Request for Board consideration; re- § 2471.5 Copies and service this subchapter in extraordinary cir- quest for Board approval of binding ar- (a) Any party submitting a request for cumstances. Request for a waiver of time bitration. Board consideration of an impasse or a re- limits shall state the position of the other 2471.2 Request form. quest for approval of a binding arbitration parties and shall be served on the other par- 2471.3 Content of request. procedure shall file an original and one copy ties. 2471.4 Where to file. with the Board and shall serve a copy of such (c) The time limits established in this sub- 2471.5 Copies and service. request upon all counsel of record or other chapter may not be extended or waived in 2471.6 Investigation of request; Board rec- designated representative(s) of parties, upon any manner other than that described in this ommendation and assistance; approval parties not so represented, and upon any me- subchapter. of binding arbitration. diation service which may have been uti- (d) Time limits established in 5 U.S.C. 2471.7 Preliminary hearing procedures. lized. When the Board acts on a request from 7105(f), 7117(c)(2) and 7122(b), as applied by 2471.8 Conduct of hearing and prehearing the Federal Mediation and Conciliation the CAA, may not be extended or waived conference. Service or acts on a request from the Execu- under this section. 2471.9 Report and recommendations. tive Director, it will notify the parties to the § 2429.24 [Reserved] 2471.10 Duties of each party following re- dispute, their counsel of record or designated § 2429.25 [Reserved] ceipt of recommendations. representatives, if any, and any mediation service which may have been utilized. A § 2429.26 [Reserved] 2471.11 Final action by the Board. 2471.12 Inconsistent labor agreement provi- clean copy capable of being used as an origi- § 2429.27 [Reserved] sions. nal for purposes such as further reproduction § 2429.28 Petitions for amendment of regulations § 2471.1 Request for board consideration; request may be submitted for the original. Service Any interested person may petition the for board approval of binding arbitration upon such counsel or representative shall Board in writing for amendments to any por- If voluntary arrangements, including the constitute service upon the party, but a copy tion of these regulations. Such petition shall services of the Federal Mediation and Concil- also shall be transmitted to the party. (b) Any party submitting a response to or identify the portion of the regulations in- iation Services or any other third-party me- other document in connection with a request volved and provide the specific language of diation, fail to resolve a negotiation im- for Board consideration of an impasse or a the proposed amendment together with a passe: statement of grounds in support of such peti- (a) Either party, or the parties jointly, request for approval of a binding arbitration tion. may request the Board to consider the mat- procedure shall file an original and one copy with the Board and shall serve a copy of the Subchapter D—Impasses ter by filing a request as hereinafter provided; or the Board may, pursuant to 5 U.S.C. document upon all counsel of record or other PART 2470—GENERAL 7119(c)(1), as applied by the CAA, undertake designated representative(s) of parties, or Subpart A—Purpose consideration of the matter upon request of upon parties not so represented. A clean copy capable of being used as an original for Sec. (i) the Federal Mediation and Conciliation purposes such as further reproduction may 2470.1 Purpose. Service, or (ii) the Executive Director; or (b) The parties may jointly request the be submitted for the original. Service upon Subpart B—Definitions Board to approve any procedure, which they such counsel or representative shall con- 2470.2 Definitions. have agreed to adopt, for binding arbitration stitute service upon the party, but a copy also shall be transmitted to the party. SUBPART A—PURPOSE of the negotiation impasse by filing a request as hereinafter provided. (c) A signed and dated statement of service § 2470.1 Purpose § 2471.2 Request form shall accompany each document submitted to the Board. The statement of service shall The regulations contained in this sub- A form has been prepared for use by the chapter are intended to implement the provi- include the names of the parties and persons parties in filing a request with the Board for served, their addresses, the date of service, sions of section 7119 of title 5 of the United consideration of an impasse or approval of a States Code, as applied by the CAA. They the nature of the document served, and the binding arbitration procedure. Copies are manner in which service was made. prescribe procedures and methods which the available from the Executive Director, Office Board may utilize in the resolution of nego- (d) The date of service or date served shall of Compliance. be the day when the matter served is depos- tiation impasses when voluntary arrange- § 2471.3 Content of request ments, including the services of the Federal ited in the U.S. mail or is delivered in per- (a) A request from a party or parties to the Mediation and Conciliation Service or any son. Board for consideration of an impasse must other third-party mediation, fail to resolve (e) Unless otherwise provided by the Board be in writing and include the following infor- the disputes. or its designated representatives, any docu- mation: ment or paper filed with the Board under SUBPART B—DEFINITIONS (1) Identification of the parties and indi- these rules, together with any enclosure filed § 2470.2 Definitions viduals authorized to act on their behalf; therewith, shall be submitted on 8 1/2 x 11 (2) Statement of issues at impasse and the inch size paper. (a) The terms Executive Director, employing summary positions of the initiating party or § 2471.6 Investigation of request; board rec- office, labor organization, and conditions of em- parties with respect to those issues; and ployment as used herein shall have the mean- (3) Number, length, and dates of negotia- ommendation and assistance; approval of ing set forth in Part 2421 of these rules. tion and mediation sessions held, including binding arbitration (b) The terms designated representative or the nature and extent of all other voluntary (a) Upon receipt of a request for consider- designee of the Board means a Board member, arrangements utilized. ation of an impasse, the Board or its des- a staff member, or other individual des- (b) A request for approval of a binding arbi- ignee will promptly conduct an investiga- ignated by the Board to act on its behalf. tration procedure must be in writing, jointly tion, consulting when necessary with the (c) The term hearing means a factfinding filed by the parties, and include the follow- parties and with any mediation service uti- hearing, arbitration hearing, or any other ing information about the pending impasse: lized. After due consideration, the Board hearing procedure deemed necessary to ac- (1) Identification of the parties and indi- shall either: complish the purposes of 5 U.S.C. 7119, as ap- viduals authorized to act on their behalf; (1) Decline to assert jurisdiction in the (2) Brief description of the impasse includ- plied by the CAA. event that it finds that no impasse exists or ing the issues to be submitted to the arbitra- that there is other good cause for not assert- (d) The term impasse means that point in tor; ing jurisdiction, in whole or in part, and so the negotiation of conditions of employment (3) Number, length, and dates of negotia- advise the parties in writing, stating its rea- at which the parties are unable to reach tion and mediation sessions held, including sons; or agreement, notwithstanding their efforts to the nature and extent of all other voluntary (2) Recommend to the parties procedures, do so by direct negotiations and by the use arrangements utilized; including but not limited to arbitration, for of mediation or other voluntary arrange- (4) Statement that the proposals to be sub- the resolution of the impasse and/or assist ments for settlement. mitted to the arbitrator contain no ques- them in resolving the impasse through what- (e) The term Board means the Board of Di- tions concerning the duty to bargain; and ever methods and procedures the Board con- rectors of the Office of Compliance. (5) Statement of the arbitration procedures siders appropriate. (f) The term party means the agency or the to be used, including the type of arbitration, (b) Upon receipt of a request for approval labor organization participating in the nego- the method of selecting the arbitrator, and of a binding arbitration procedure, the Board tiation of conditions of employment. the arrangement for paying for the proceed- or its designee will promptly conduct an in- (g) The term voluntary arrangements means ings or, in the alternative, those provisions vestigation, consulting when necessary with any method adopted by the parties for the of the parties’ labor agreement which con- the parties and with any mediation service purpose of assisting them in their resolution tain this information. utilized. After due consideration, the Board of a negotiation dispute which is not incon- § 2471.4 Where to file shall either approve or disapprove the re- sistent with the provisions of 5 U.S.C. 7119, Requests to the Board provided for in this quest; provided, however, that when the re- as applied by the CAA. part, and inquiries or correspondence on the quest is made pursuant to an agreed-upon H10384 CONGRESSIONAL RECORD — HOUSE September 12, 1996 procedure for arbitration contained in an ap- tions of the Board or its designated rep- ice’s final rule—Importation of Fruits and plicable, previously negotiated agreement, resentative, each party shall, after confer- Vegetables [APHIS Docket No. 95–068–2] re- the Board may use an expedited procedure ring with the other, either: ceived September 11, 1996, pursuant to 5 and promptly approve or disapprove the re- (1) Accept the recommendations and so no- U.S.C. 801(a)(1)(A); to the Committee on Ag- quest, normally within five (5) workdays. tify the Executive Director; or riculture. § 2471.7 Preliminary hearing procedures (2) Reach a settlement of all unresolved is- 5089. A letter from the Director, Test, Sys- tems Engineering & Evaluation, Department When the Board determines that a hearing sues and submit a written settlement statement to the Executive Director; or of Defense, transmitting a letter notifying is necessary under § 2471.6, it will: Congress of the intent to obligate funds for (a) Appoint one or more of its designees to (3) Submit a written statement to the Ex- ecutive Director setting forth the reasons for fiscal year 1997 Foreign Comparative Testing conduct such hearing; and [FCT] Program, pursuant to 10 U.S.C. (b) issue and serve upon each of the parties not accepting the recommendations and for not reaching a settlement of all unresolved 2350a(g); to the Committee on National Secu- a notice of hearing and a notice of prehear- rity. ing conference, if any. The notice will state: issues. (b) A reasonable extension of time may be 5090. A letter from the Secretary of the Air (1) The names of the parties to the dispute; Force, transmitting notification that certain (2) the date, time, place, type, and purpose of authorized by the Executive Director for good cause shown when requested in writing major defense acquisition programs have the hearing; (3) the date, time, place, and breached the unit cost by more than 15 per- purpose of the prehearing conference, if any; by either party prior to the expiration of the time limits. cent, pursuant to 10 U.S.C. 2433; to the Com- (4) the name of the designated representa- mittee on National Security. tives appointed by the Board; (5) the issues § 2471.11 Final action by the board 5091. A letter from the President and to be resolved; and (6) the method, if any, by (a) If the parties do not arrive at a settle- Chairman, Export-Import Bank of the United which the hearing shall be recorded. ment as a result of or during actions taken States, transmitting the semiannual report § 2471.8 Conduct of hearing and prehearing con- under § 2471.6(a)(2), 2471.7, 2471.8, 2471.9, and on tied aid credits, pursuant to Public Law ference 2471.10, the Board may take whatever action 99–472, section 19 (100 Stat. 1207); to the Com- (a) A designated representative of the is necessary and not inconsistent with 5 mittee on Banking and Financial Services. Board, when so appointed to conduct a hear- U.S.C. chapter 71, as applied by the CAA, to 5092. A letter from the Director, Office of the Secretary of Defense, transmitting the ing, shall have the authority on behalf of the resolve the impasse, including but not lim- Office’s final rule—Provision of Early Inter- Board to: ited to, methods and procedures which the (1) Administer oaths, take the testimony Board considers appropriate, such as direct- vention and Special Education Services to Eligible DoD Dependents in Overseas Areas or deposition of any person under oath, re- ing the parties to accept a factfinder’s rec- [DoD Instruction 1342.12] received September ceive other evidence, and issue subpenas; ommendations, ordering binding arbitration (2) Conduct the hearing in open, or in conducted according to whatever procedure 9, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Economic and Edu- closed session at the discretion of the des- the Board deems suitable, and rendering a cational Opportunities. ignated representative for good cause shown; binding decision. 5093. A letter from the Director, Office of (3) Rule on motions and requests for ap- (b) In preparation for taking such final ac- Regulatory Management and Information, pearance of witnesses and the production of tion, the Board may hold hearings, admin- Environmental Protection Agency, transmit- records; ister oaths, and take the testimony or depo- ting the Agency’s final rule—Approval and (4) Designate the date on which sition of any person under oath, or it may Promulgation of Air Quality Implementa- posthearing briefs, if any, shall be submit- appoint or designate one or more individuals tion Plans; Washington; Revision to the ted; pursuant to 5 U.S.C. 7119(c)(4), as applied by State Implementation Plan Vehicle Inspec- (5) Determine all procedural matters con- the CAA, to exercise such authority on its tion and Maintenance Program [FRL–5608–7] cerning the hearing, including the length of behalf. received September 11, 1996, pursuant to 5 sessions, conduct of persons in attendance, (c) When the exercise of authority under U.S.C. 801(a)(1)(A); to the Committee on this section requires the holding of a hear- recesses, continuances, and adjournments; Commerce. and take any other appropriate procedural ing, the procedure contained in § 2471.8 shall 5094. A letter from the Director, Office of action which, in the judgment of the des- apply. Regulatory Management and Information, ignated representative, will promote the pur- (d) Notice of any final action of the Board Environmental Protection Agency, transmit- pose and objectives of the hearing. shall be promptly served upon the parties, ting the Agency’s final rule—South Dakota; (b) A prehearing conference may be con- and the action shall be binding on such par- Final Determination of Adequacy of State’s ducted by the designated representative of ties during the term of the agreement, unless Municipal Solid Waste Permit Program over the Board in order to: they agree otherwise. Non-Indian Lands for the Former Lands of (1) Inform the parties of the purpose of the § 2471.12 Inconsistent labor agreement provisions the Yankton Sioux, Lake Traverse (Sisseton- hearing and the procedures under which it Any provisions of the parties’ labor agree- Wahpeton) and Parts of the Rosebud Indian will take place; ments relating to impasse resolution which Reservation [FRL–5550–7] received Septem- (2) Explore the possibilities of obtaining are inconsistent with the provisions of either ber 11, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); stipulations of fact; 5 U.S.C. 7119, as applied by the CAA, or the to the Committee on Commerce. (3) Clarify the positions of the parties with 5095. A letter from the Acting Director, De- respect to the issues to be heard; and procedures of the Board shall be deemed to be superseded. fense Security Assistance Agency, transmit- (4) Discuss any other relevant matters ting notification concerning the Department which will assist the parties in the resolu- f of the Army’s proposed Letter(s) of Offer and tion of the dispute. EXECUTIVE COMMUNICATIONS, Acceptance [LOA] to Colombia for defense § 2471.9 Report and recommendations ETC. articles and services (Transmittal No. 96–71), (a) When a report is issued after a hearing pursuant to 22 U.S.C. 2776(b); to the Commit- conducted pursuant to § 2471.7 and 2471.8, it Under clause 2 of rule XXIV, execu- tee on International Relations. normally shall be in writing and, when au- tive communications were taken from 5096. A letter from the Acting Director, De- thorized by the Board, shall contain rec- the Speaker’s table and referred as fol- fense Security Assistance Agency, transmit- ommendations. lows: ting notification concerning the Department of the Air Force’s proposed Letter(s) of Offer (b) A report of the designated representa- 5086. A letter from the Deputy Assistant tive containing recommendations shall be and Acceptance [LOA] to Korea for defense Administrator for Fisheries, National Oce- articles and services (Transmittal No. 96–76), submitted to the parties, with two (2) copies anic and Atmospheric Administration, trans- to the Executive Director, within a period pursuant to 22 U.S.C. 2776(b); to the Commit- mitting the Service’s final rule—Fisheries of tee on International Relations. normally not to exceed thirty (30) calendar the Northeastern United States; Northeast days after receipt of the transcript or briefs, 5097. A letter from the Commander, Air Multispecies Fishery; Framekwork Adjust- Force Services Agency, transmitting the an- if any. ment 15 [Docket No. 960830238–6238–01; I.D. (c) A report of the designated representa- nual report for the Air Force nonappro- 082096B], pursuant to 5 U.S.C. 801(a)(1)(A); to tive not containing recommendations shall priated fund retirement plan for the plan the Committee on Energy and Natural Re- be submitted to the Board with a copy to year ending September 30, 1995, pursuant to sources. each party within a period normally not to 31 U.S.C. 9503(a)(1)(B); to the Committee on 5087. A letter from the Congressional Re- exceed thirty (30) calendar days after receipt Government Reform and Oversight. view Coordinator, Animal and Plant Health 5098. A letter from the Inspector General, of the transcript or briefs, if any. The Board Inspection Service, transmitting the Serv- Railroad Retirement Board, transmitting shall then take whatever action it may con- ice’s final rule—Corn Cyst Nematode [APHIS the budget request for the Office of Inspector sider appropriate or necessary to resolve the Docket No. 96–001–2] received September 11, General, Railroad Retirement Board, for fis- impasse. 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the cal year 1998, pursuant to 45 U.S.C. 231f; to § 2471.10 Duties of each party following receipt Committee on Agriculture. the Committee on Government Reform and of recommendations 5088. A letter from the Congressional Re- Oversight. (a) Within thirty (30) calendar days after view Coordinator, Animal and Plant Health 5099. A letter from the Director, Office of receipt of a report containing recommenda- Inspection Service, transmitting the Serv- Sustainable Fisheries, National Oceanic and September 12, 1996 CONGRESSIONAL RECORD — HOUSE H10385 Atmospheric Administration, transmitting the Service’s final rule—Tax-Exempt Organi- By Mr. LAZIO of New York (for himself the Service’s final rule—Fisheries Off West zation Information Returns—Requirement to and Mr. BAKER of California): Coast States and in the Western Pacific; Provide Copies to the Public and Increases in H.R. 4063. A bill to provide for adjustments West Coast Salmon Fisheries; Closures from Certain Penalties (Notice 96–48) received to the conforming loan limits for the Federal the Oregon-California Border to Humboldt September 12, 1996, pursuant to 5 U.S.C. National Mortgage Association and the Fed- South Jetty, CA, and from the U.S.-Canadian 801(a)(1)(A); to the Committee on Ways and eral Home Loan Mortgage Corporation and Border to Leadbetter Point, WA [Docket No. Means. to the maximum mortgage limit for the sin- 960126016–6121–04; I.D. 090396B] received Sep- 5110. A letter from the Chairman, Railroad gle family mortgage insurance program of tember 12, 1996, pursuant to 5 U.S.C. Retirement Board, transmitting a draft of the Department of Housing and Urban Devel- 801(a)(1)(A); to the Committee on Resources. proposed legislation to amend the Railroad opment that more accurately reflect the 5100. A letter from the Director, Office of Retirement Act to conform the statute of changes in housing costs, and for other pur- Sustainable Fisheries, National Oceanic and limitations with respect to the creditability poses; to the Committee on Banking and Fi- Atmospheric Administration, transmitting of compensation under that act to the stat- nancial Services. the Service’s final rule—Fisheries of the Ex- ute of limitations with respect to the pay- By Mr. KLINK (for himself and Mr. clusive Economic Zone Off Alaska; Pollock ment of taxes under the Railroad Retirement DOYLE): by Vessels Using Nonpelagic Trawl Gear in Tax Act and for other purposes; to the Com- H.R. 4064. A bill to amend the Department the Bering Sea and Aleutian Island Area mittee on Ways and Means. of Housing and Urban Development Act to [Docket No. 960129019–6019–01; I.D. 090696F] 5111. A letter from the Chair of the Board, provide for the Secretary of Housing and received September 12, 1996, pursuant to 5 Office of Compliance, transmitting notice of Urban Development to notify and consult U.S.C. 801(a)(1)(A); to the Committee on Re- issuance of final regulations for publication with the unit of general local government sources. in the CONGRESSIONAL RECORD, pursuant to within which an assisted multifamily hous- 5101. A letter from the Director, Office of Public Law 104–1, section 304(d)(1) (109 Stat. ing project is to be located before providing Sustainable Fisheries, National Oceanic and 30); jointly, to the Committees on House any low-income housing assistance for the Atmospheric Administration, transmitting Oversight and Economic and Educational Op- project; to the Committee on Banking and the Service’s final rule—Fisheries of the Ex- portunities. Financial Services. By Mr. GEPHARDT (for himself, Ms. clusive Economic Zone Off Alaska; Scallop f Fishery; Closure in Registration Area H PELOSI, Mr. BONIOR, Mr. BROWN of [Docket No. 960502124–6190–02; I.D. 082796E] REPORTS OF COMMITTEES ON Ohio, Mr. PALLONE, Mr. LIPINSKI, Mr. received September 12, 1996, pursuant to 5 PUBLIC BILLS AND RESOLUTIONS STARK, Mr. MILLER of California, Mr. U.S.C. 801(a)(1)(A); to the Committee on Re- DEFAZIO, Ms. KAPTUR, Mr. LANTOS, sources. Under clause 2 of rule XIII, reports of Mr. SPRATT, Mr. PAYNE of New Jer- 5102. A letter from the Director, Office of committees were delivered to the Clerk sey, Mr. MARKEY, and Mr. LEWIS of Surface Mining, transmitting the Office’s for printing and reference to the proper Georgia): final rule—Alaska Regulatory Program [AK– calendar, as follows: H.R. 4065. A bill to require prior congressional approval before the President supports 004–FOR; Alaska Amendment IV] received Mr. MYERS: Committee of conference. the admission of the People’s Republic of September 12, 1996, pursuant to 5 U.S.C. Conference report on H.R. 3816. A bill mak- China into the World Trade Organization, 801(a)(1)(A); to the Committee on Resources. ing appropriations for energy and water de- 5103. A letter from the Assistant Secretary and to provide for the withdrawal of the velopment for the fiscal year ending Septem- of the Army (Civil works), Department of the United States from the World Trade Organi- ber 30, 1997, and for other purposes (Rept. Army, transmitting a report recommending zation if China is accepted into the WTO 104–782). Ordered to be printed. authorization of a deep-draft navigation without the support of the United States; to Mr. GOODLING: Committee on Economic project at Port Fourchon, Lafourche Parish, the Committee on Ways and Means, and in and Educational Opportunities. H.R. 3876. A LA; to the Committee on Transportation and addition to the Committee on Rules, for a bill to amend the Juvenile Justice and Delin- Infrastructure. period to be subsequently determined by the quency Prevention Act of 1974 to authorize 5104. A letter from the Assistant Attorney Speaker, in each case for consideration of appropriations for fiscal years 1997, 1998, 1999, General, Department of Justice, transmit- such provisions as fall within the jurisdic- 2000; and for other purposes; with an amend- ting the Department’s final rule—Removal of tion of the committee concerned. ment (Rept. 104–783). Referred to the Com- 28 CFR Part 25—Recommendations to the By Mr. BAKER of California: mittee of the WholeHouse on the State of the President on Civil Aeronautics Board Deci- H.R. 4066. A bill to direct the Secretary of Union. sions [AG Order No. 2002–95] (RIN: 1105–AA41) the Navy to transfer the U.S.S. Missouri (BB– Mr. MOORHEAD: Committee on the Judi- received September 11, 1996, pursuant to 5 63) to the U.S.S. Missouri Allied Forces Me- ciary. H.R. 3460. A bill to establish the Pat- U.S.C. 801(a)(1)(A); to the Committee on morial, San Francisco, CA; to the Committee ent and Trademark Office as a Government Transportation and Infrastructure. on National Security. 5105. A letter from the Chief, Regulations corporation, and for other purposes; with an By Mr. GALLEGLY (for himself, Mr. amendment (Rept. 104–784). Referred to the Unit, Internal Revenue Service, transmitting YOUNG of Alaska, Mr. UNDERWOOD, Committee of the WholeHouse on the State the Service’s final rule—Last-in, First-out Mr. FALEOMAVAEGA, and Mr. KILDEE): Inventories (Revenue Ruling 96–22) received of the Union. H.R. 4067. A bill to provide for representa- September 12, 1996, pursuant to 5 U.S.C. f tion of the Northern Mariana Islands by a nonvoting Delegate in theHouse of Rep- 801(a)(1)(A); to the Committee on Ways and TIME LIMITATION OF REFERRED Means. resentatives; to the Committee on Re- 5106. A letter from the Chief, Regulations BILL sources. Unit, Internal Revenue Service, transmitting Pursuant to clause 5 of rule X, the By Mr. STUMP (for himself, Mr. MONT- the Service’s final rule—Combination of following action was taken by the GOMERY, Mr. SPENCE, Mr. EVANS, Mr. Combined Taxable Income Under the Profit Speaker: EVERETT, Mr. EDWARDS, Mr. BUYER, Split Method When the Possession Product is Mr. TEJEDA, and Mr. HEFLEY): a Component Product or an End-Product H.R. 2740. Referral to the Committee on H.R. 4068. A bill to establish a demonstra- Form for Purposes of the Possessions Credit Commerce extended for a period ending not tion project to provide that the Department Under Section 936 (RIN: 1545–AR18) received later than September 20, 1996. of Veterans Affairs may receive Medicare re- September 12, 1996, pursuant to 5 U.S.C. f imbursement for health care services pro- 801(a)(1)(A); to the Committee on Ways and vided to certain Medicare-eligible veterans; Means. PUBLIC BILLS AND RESOLUTIONS to the Committee on Veterans’ Affairs, and 5107. A letter from the Chief, Regulations Under clause 5 of rule X and clause 4 in addition to the Committees on Commerce, Unit, Internal Revenue Service, transmitting of rule XXII, public bills and resolu- and Ways and Means, for a period to be sub- the Service’s final rule—Excise Taxes on Ex- tions were introduced and severally re- sequently determined by the Speaker, in cess Benefit Transactions Engaged in by Cer- each case for consideration of such provi- tain Tax-Exempt Organizations (Notice 96– ferred as follows: sions as fall within the jurisdiction of the 46) received September 12, 1996, pursuant to 5 By Mr. BILBRAY (for himself, Mr. committee concerned. U.S.C. 801(a)(1)(A); to the Committee on DOOLITTLE, Mr. HERGER, Mr. MOOR- By Mr. BENTSEN: Ways and Means. HEAD, Mr. RIGGS, Mr. BONO, Mr. H.R. 4069. A bill to amend the Social Secu- 5108. A letter from the Chief, Regulations PACKARD, Mr. MCKEON, Mrs. rity Act to establish the teaching hospital Unit, Internal Revenue Service, transmitting SEASTRAND, Mr. HUNTER, Mr. BAKER and graduate medical education trust fund, the Service’s final rule—Private Inurement of California, Mr. CALVERT, and Mr. and for other purposes; to the Committee on Expressly Prohibited for Section 501(c)(4) Or- DREIER): Ways and Means, and in addition to the Com- ganizations (Notice 96–47) received Septem- H.R. 4062. A bill to authorize appropria- mittee on Commerce, for a period to be sub- ber 12, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); tions to reimburse States for costs of educat- sequently determined by the speaker, in each to the Committee on Ways and Means. ing certain illegal alien students; to the case for consideration of such provisions as 5109. A letter from the Chief, Regulations Committee on Economic and Educational fall within the jurisdiction of the committee Unit, Internal Revenue Service, transmitting Opportunities. concerned. H10386 CONGRESSIONAL RECORD — HOUSE September 12, 1996

By Mr. GORDON (for himself, Mr. BRY- Representatives and the method by which H.R. 2416: Mr. FATTAH, Mr. CUNNINGHAM, ANT of Tennessee, Mr. CLEMENT, Mr. Representatives are elected; to the Commit- and Mr. CASTLE. DUNCAN, Mr. FORD, Mr. HILLEARY, tee on the Judiciary. H.R. 2757: Mr. SAXTON, Mr. SOUDER, and Mr. Mr. QUILLEN, Mr. TANNER, and Mr. By Mr. YOUNG of Alaska (for himself MCHUGH. WAMP): and Mr. BREWSTER): H.R. 2930: Mr. WELDON Of Florida. H.R. 4070. A bill to designate the Federal H.R. 4077. A bill to clarify hunting prohibi- H.R. 3077: Mr. SMITH of New Jersey and Mr. building located in Cookeville, TN, as the tions and provide for wildlife habitat under RANGEL. ‘‘L. Clure Morton United States Post Office the Migratory Bird Treaty Act; to the Com- H.R. 3142: Ms. HARMAN. and Courthouse’’; to the Committee on mittee on Resources. H.R. 3187: Mr. NEAL of Massachusetts, Mr. Transportation and Infrastructure. By Mr. BEREUTER (for himself and BALDACCI, Mr. MENENDEZ, Mr. FRANK of Mas- By Mrs. JOHNSON of Connecticut: Mr. BERMAN): sachusetts, and Mr. BRYANT of Texas. H.R. 4071. A bill to amend the small Busi- H. Con. Res. 213. Concurrent resolution H.R. 3199: Mr. LEWIS of Kentucky. ness Act to assist the development of small concerning the urgent need to improve the H.R. 3217: Mr. BOEHLERT. business concerns owned and controlled by living standards of those South Asians living H.R. 3226: Mr. JACKSON of Illinois, Mr. women, and for other purposes; to the Com- in the Ganges and the Brahmaputra river NADLER, and Mr. BERMAN. mittee on Small Business. basin; to the Committee on International By Mr. NETHERCUTT (for himself, Mr. H.R. 3355: Mr. MASCARA. Relations, and in addition to the Committee H.R. 3374: Mr. MATSUI. ROBERTS, and Mr. HASTINGS of Wash- on Banking and Financial Services, for a pe- H.R. 3433: Mr. DICKEY and Mr. LIPINSKI. ington): riod to be subsequently determined by the H.R. 3514: Mr. BARRETT of Nebraska, Mr. H.R. 4072. A bill to amend the Internal Rev- Speaker, in each case for consideration of BACHUS, and Mr. DICKEY. enue Code of 1986 to provide that the alter- such provisions as fall within the jurisdic- H.R. 3565: Mr. ENGLISH of Pennsylvania. native minimum tax shall not apply to in- tion of the committee concerned. stallment sales of farm property; to the H.R. 3609: Mr. EVANS and Mrs. LOWEY. By Mrs. SMITH of Washington: Committee on Ways and Means. H.R. 3621: Mr. TORKILDSEN. H. Con. Res. 214. Concurrent resolution ex- By Mr. PORTMAN (for himself, Mr. H.R. 3690: Mr. COBLE, Mr. COMBEST, Mr. pressing the sense of the Congress that a pa- CHABOT, Mr. STOKES, Mr. REGULA, HEFLEY, Mr. LIVINGSTON, Mr. MCINTOSH, and tient has certain rights regarding medical Mr. JEFFERSON, Mr. CREMEANS, Mr. Mr. BONO. care that should be protected by law; to the BUNNING of Kentucky, Mr. H.R. 3691: Mr. YATES and Mr. STARK. Committee on Commerce. TORRICELLI, Mr. HOBSON, Mr. H.R. 3714: Mr. HAYWORTH, Mr. PETERSON of By Mr. MILLER of California: LATOURETTE, Mr. HOKE, Mr. KASICH, Minnesota, and Mr. KANJORSKI. H. Res. 521. Resolution to express the sense Mr. SAWYER, Mr. HALL of Ohio, Mr. H.R. 3775: Mr. DICKEY and Mr. SHADEGG. of theHouse regarding the outstanding WATTS of Oklahoma, Mr. BOEHNER, achievements of NetDay96; to the Committee H.R. 3798: Mr. HEINEMAN. Ms. PRYCE, Mr. TRAFICANT, Mr. NEY, on Economic and Educational Opportunities. H.R. 3839: Mr. MASCARA, Mr. SKAGGS, Mr. Mr. OXLEY, Mr. JACOBS, Mr. ZIMMER, CLEMENT, and Mr. HALL of Ohio. Mr. LIPINSKI, Mr. EVANS, and Mr. f H.R. 3840: Mr. CAMP, Mr. WELDON of Flor- TOWNS): PRIVATE BILLS AND ida, Mr. HOKE, Mr. SCARBOROUGH, and Mr. H.R. 4073. A bill to authorize the National COBURN. RESOLUTIONS Park Service to coordinate programs with, H.R. 3842: Mr. KENNEDY of Massachusetts provide technical assistance to, and enter Under clause 1 of rule XXII. and Mrs. MORELLA. into cooperative agreements with, the Na- H.R. 3849: Mr. LARGENT. tional Underground Railroad Freedom Cen- Mr. TAUZIN introduced a bill (H.R. 4078) to authorize the Secretary of Transportation to H.R. 3856: Mr. TRAFICANT. ter in Cincinnati, OH, and for other purposes; H.R. 3860: Mr. HILLIARD, Mr. DELLUMS, Mr. to the Committee on Resources. issue a certificate of documentation with appropriate endorsement for employment in FRAZER, and Mr. CONYERS. By Mr. REED: H.R. 3923: Mr. DINGELL, Mr. HALL of Ohio, H.R. 4074. A bill to require that jewelry im- the coastwise trade for the vessel Regent Mr. MEEHAN, and Mr. PAYNE of Virginia. ported from another country be indelibly Rainbow; which was referred to the Commit- H.R. 3937: Mr. HEINEMAN. marked with the country of origin; to the tee on Transportation and Infrastructure. H.R. 3939: Mr. BACHUS. Committee on Ways and Means. f H.R. 3959: Mr. ROEMER. By Mr. STARK: H.R. 4075. A bill to amend the Internal Rev- ADDITIONAL SPONSORS H.R. 4000: Mr. BALDACCI, Mr. enue Code of 1986 and title XVIII of the So- FALEOMAVAEGA, Mr. MASCARA, Mr. KENNEDY Under clause 4 of rule XXII, sponsors of Rhode Island, Mr. WARD, Mr. MEEHAN, and cial Security Act to establish a program of were added to public bills and resolu- assistance for essential community providers Mr. TANNER. of health care services, to establish a pro- tions as follows: H.R. 4027: Mr. BEREUTER and Mr. LIPINSKI. gram to update and maintain the infrastruc- H.R. 43: Mr. MANTON. H.R. 4028: Mr. EHLERS. ture requirements of safety net hospitals, H.R. 218: Mr. MURTHA, Mr. BORSKI, and Mr. H.R. 4039: Mr. BENTSEN. and to require States to develop plans for the SHADEGG. H.R. 4047: Mr. COBURN, Ms. PELOSI, Mr. allocation and review of expenditures for the H.R. 878: Mr. DAVIS. BORSKI, and Mr. BENTSEN. capital-related costs of health care services; H.R. 972: Mr. MOAKLEY. H.R. 4052: Mr. BARRETT of Wisconsin. to the Committee on Ways and Means, and in H.R. 1023: Mr. BILIRAKIS. H.J. Res. 191: Mr. FOX. addition to the Committee on Commerce, for H.R. 1961: Mr. CAMPBELL. H. Con. Res. 51: Mr. MCINTOSH. a period to be subsequently determined by H.R. 1711: Mr. BARR and Mr. HASTINGS of H. Con. Res. 128: Mr. HILLIARD, Mr. LEACH, the Speaker, in each case for consideration Washington. Mr. BROWDER, Mr. ENGLISH of Pennsylvania, of such provisions as fall within the jurisdic- H.R. 1805: Mr. DAVIS. Mr. GREEN of Texas, Mr. FILNER, Mr. FROST, tion of the committee concerned. H.R. 2009: Ms. NORTON, Mr. EVANS, Ms. Mr. TORRICELLI, Ms. WOOLSEY, Mr. CONYERS, By Mr. WILLIAMS: BROWN of Florida, Mrs. CALYTON, Mr. Mr. BONIOR, and Mr. NEAL of Massachusetts. H.R. 4076. A bill to establish a commission CUMMINGS, and Mr. RANGEL. H. Con. Res. 190: Mr. COX. to make recommendations on the appro- H.R. 2011: Mr. HUTCHINSON and Mrs. H. Con. Res. 199: Mr. REED. priate size of membership of theHouse of MYRICK. H. Con. Res. 212: Mr. TORRICELLI. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, THURSDAY, SEPTEMBER 12, 1996 No. 125 Senate

The Senate met at 9:30 a.m. and was tion here. For the information of all States Postal Service, the Executive Office called to order by the President pro Senators, this morning the Senate will of the President and certain Independent tempore (Mr. THURMOND). immediately resume consideration of Agencies, for the fiscal year ending Septem- the Treasury-postal appropriations ber 30, 1997, and for other purposes. PRAYER bill. There will be 15 minutes of debate The Senate resumed the consider- The Chaplain, Dr. Lloyd John time, followed by two consecutive roll- ation of the bill. Ogilvie, offered the following prayer: call votes starting at 9:45 a.m. The first Pending: Dear Father, in the Scriptures You vote will be on the Hatch amendment Kassebaum amendment No. 5235 (to com- have called people to pray for their regarding the White House Travel Of- leaders that they may lead, ‘‘A quiet mittee amendment on page 16, line 16, fice, to be immediately followed by a through page 17, line 2), to express the sense and peaceable life, in all godliness and vote on or in relation to the Reid of the Senate regarding communications be- reverence.’’ We are thankful that amendment on the same subject. tween physicians and their patients. throughout the land citizens began Following these votes, the Senate Reid-Levin-Biden modified amendment No. their day with this prayer. We are the will consider the remaining amend- 5256, to refer the White House Travel Office recipients of this heartfelt interces- ments in order to the Treasury-postal matter to the Court of Federal Claims. sion. Now our own prayer is that we appropriations bill, according to a Hatch amendment No. 5257, as modified (to may cooperate in receiving Your an- unanimous-consent agreement reached amendment No. 5256), to reimburse the vic- swer to the millions of prayers prayed last evening. It is hoped that the Sen- tims of the White House Travel Office firing for us. It is a source of awe and wonder ate can complete action on that bill by and investigation. that You have placed us in positions of early afternoon. The PRESIDING OFFICER. There authority and made us the focus of Following disposition of the Treas- will now be 15 minutes debate, equally Your blessing and power. We especially ury-postal bill, the Senate is expected divided, on the pending amendments, think of the prayer that we may lead to turn to consideration of the Chemi- No. 5257 and No. 5256, with a vote on godly lives. As we reflect on this mag- cal Weapons Convention under the pa- amendment 5257 to follow immediately nificent possibility we realize that it rameters of a previous consent agree- thereafter. would mean that we make knowing ment. It is possible that the Senate The Senator from Utah is recognized. You the primary priority of our lives. could complete action on that matter More than knowing about You or hav- today, if debate time is yielded back. If AMENDMENT NO. 5257, AS MODIFIED, WITHDRAWN ing a second-hand acquaintanceship the Senate cannot complete action on Mr. HATCH. Mr. President, as we with You, we renew our commitment the Chemical Weapons Convention have it set up, there will be two votes, to really know You in the intimacy of today, then votes on that matter can one on the Hatch amendment and one an honest, open, receptive relationship be expected to take place on Friday, on the Reid-Levin amendment. I do not of faith and trust. With deliberate before noon. see any reason for two votes. I ask intentionality we seek Your answers to There will be no votes after noon on unanimous consent to withdraw the our problems. O God, make us exam- Friday, in order that the religious holi- Hatch amendment and the total vote ples to the Nation of what it truly day can be observed. be on the Levin amendment. means to live a godly life to Your glory I yield the floor. The PRESIDING OFFICER. Is there and honor through our Lord and Sav- f objection? Without objection, it is so ior. Amen. TREASURY, POSTAL SERVICE, AND ordered. f GENERAL GOVERNMENT APPRO- The amendment (No. 5257), as modi- RECOGNITION OF THE ACTING PRIATIONS ACT, 1997 fied, was withdrawn. MAJORITY LEADER The PRESIDING OFFICER (Mr. GOR- Mr. HATCH. I reserve the remainder The PRESIDENT pro tempore. The TON). Under the previous order, the of our time. able Senator from Alabama, the man- Senate will now proceed to the consid- The PRESIDING OFFICER. The Sen- ager of the bill, is recognized. eration of H.R. 3756, which the clerk ator from Nevada is recognized. f will report. The assistant legislative clerk read AMENDMENT NO. 5256, AS MODIFIED SCHEDULE as follows: Mr. REID. Mr. President, would you Mr. SHELBY. Mr. President, on be- A bill (H.R. 3756) making appropriations advise the Senator from Nevada when I half of the leader, I have some informa- for the Treasury Department, the United have consumed 3 minutes?

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

S10349 S10350 CONGRESSIONAL RECORD — SENATE September 12, 1996 The PRESIDING OFFICER. How matter referred to an independent Mr. GRASSLEY. Mr. President, the many minutes? Court of Claims review. That is why we Clinton administration has set new Mr. REID. Three. Our side has 71⁄2 have the Court of Claims. Is it not the standards for protecting wrongdoers at minutes. least we can do, before we spend half a the expense of victims. Mr. President, Members of the U.S. million dollars of taxpayers money? We have seen the administration ad- Senate should understand the amend- Mr. President, this is a good bill. vance this culture in the criminal jus- ment before this body has nothing to This provision in the bill should be tice system. I’ve spoken to this point do with the Travel Office. The issue is eliminated. If this is a partisan vote in the past on this floor. whether the U.S. Senate is going to and this passes, I hope the conference But we have also seen the White create a new precedent by reimbursing would have the ability and, in fact, the House practice it in its own backyard. a legally indicted official who admit- integrity to take this out of this legis- I am talking about the issue of ted, in addition to having been in- lation. I hope this will be done. Travelgate. An issue in which the vic- dicted, admitted to having done wrong. I believe what has been talked about tims of wrongdoing in the White House There is a great deal of dispute about here the last couple of days gives the were charged by the wrongdoers with a the facts in the Billy Dale matter, but President every reason to veto the bill. crime. there are certain undisputed facts I hope that will not be necessary. I like Billy Dale and the other fired Travel which have already been stipulated to, this legislation. I think the chairman Office workers were dedicated public agreed to, and spread across this of the subcommittee and the ranking servants. They had served in the RECORD. member worked very hard to come up Armed Forces prior to serving at the First of all, Billy Dale admitted to with a bill. This provision should not pleasure of numerous Presidents, dat- putting 55 checks for Travel Office be in the bill. ing back to John F. Kennedy. Their en- funds totaling some $54,000 into his per- The PRESIDING OFFICER. The Sen- tire careers were dedicated to serving sonal account; and ator has used 3 minutes. the American people, with honor and Second, that he stole $14,000 in petty Mr. HATCH. Mr. President, I yield 2 dignity. cash, and there would have been more minutes to the distinguished Senator One day, without the slightest heads- but the fact is the records were de- from Rhode Island. up, the seven were summarily fired. stroyed. Mr. CHAFEE. Mr. President, few peo- Without a reason. Certainly not a jus- Dale admitted he told no one in the ple had ever heard of the White House tifiable one. Those who were there were Travel Office about his unique practice Travel Office before the Clinton admin- carted off in the back of an empty van. of depositing U.S. Government moneys, istration took office. Now the White They were treated like vermin. Others checks, into his personal account. Dale House Travel Office is a household heard they were fired by listening on admitted he did not even tell his co- name and its former employees have the news. It was certainly not the kindest and workers of 30 years about this practice. been falsely accused, they have been gentlest moment in the tradition of the No one in his office knew about it. Of fired, they have been investigated by White House. course, they did not know about it, be- the IRS and the FBI, they have been At the time, these seven workers had cause he was stealing the money. defamed, and in one case indicted and no clue what was going on or why. It After thorough investigation by the finally, after a trial, they were fairly was only later that we discovered all FBI, it was determined there was prob- acquitted. the reasons. able cause to prosecute Dale. Dale, These employees served at the pleas- The first was cronyism. A rich, Hol- thereafter, was legally indicted. Dale ure of the President. He could have re- lywood buddy of the President wanted agreed to plead guilty to a serious placed them any time he wanted. There the business. That would be Hollywood criminal offense, a felony. Dale was is no argument about that. But it is producer Harry Thomasson. To get the lawfully prosecuted but Dale, like O.J. the manner in which these employees business, he had to give Billy Dale the Simpson, was acquitted. Dale now ap- were fired, the manner in which they business. And that he did. He spread pears at many Republican fundraisers. were treated, and the web of impropri- unproven and false rumors about those Dale was offered employment by the eties uncovered as a result of the inves- running the Travel Office. Dole campaign. tigation into these firings that I find The second issue was White House This body has never, never in its 200- most troubling. paranoia. They must have thought plus-year history, reimbursed someone The White House, which promised there was a conspiracy of all the dedi- for attorney’s fees after they have been what Newsweek magazine called, ‘‘the cated career public servants. They were legally, lawfully indicted. most stringent ethical requirements of all out to get the White House. The The Senate Parliamentarian has any administration ever,’’ has been the paranoids needed a pretext to get these ruled not once but twice that Billy White House that has been entangled workers out, and get their own Dale’s reimbursement to be a private in one ethical misadventure after an- teamplayers in. relief claim. There is a procedure for other. That let to a marriage of conven- private relief claims to be heard by the Instead of informing the Travel Of- ience. The paranoids could get rid of Court of Claims. That is what we are fice employees that their services were the career workers. They could bring in asking be done. These facts are no longer required, services which they their own teamplayers to replace them. uncontested. could perfectly well do when they came And, the cronies would get the busi- There are many new facts that we into office, instead, they install one ness. What a convenient confluence of are just now learning because we re- Katherine Cornelius, a cousin of the interests. cently received the prosecution’s President. Her duty was to monitor ac- And so, the Hollywood producer, Mr. memorandum prior to indictment. tivities in the office, and what did she Thomasson, held the gun; the First They explain the reasons why we have come up with? She came up with a Lady, according to available docu- offered this amendment today. scheme to replace all those employees mentation, said ‘‘ready, aim, fire!’’; The issue is a patent attempt to em- with TRM, a travel agency owned by and the White House staff pulled the barrass the President in an election Harry Thomasson, a Hollywood friend trigger. year. Reimbursing an admitted, in- and close adviser of the Clintons. It Having thought this was the perfect dicted wrongdoer with taxpayer dollars was on so-called evidence of wrong- crime, the perpetrators didn’t expect to is not something this body should be doing. get caught. At first, they denied especially proud of, especially those The PRESIDING OFFICER. The time wrongdoing—just like the proverbial who cry out about the need to balance yielded to the Senator from Rhode Is- kid caught with his hand in the cookie the budget. Half a million dollars, land has expired. jar. $500,000, is a lot of money to throw Mr. CHAFEE. Mr. President, I do Public and press criticism mounted. away. hope this individual will be reim- So the White House tried justifying its If Mr. Dale’s supporters are so con- bursed, and that is what this is all actions. fident of his innocence, they should about here today. First, they said the Travel Office have no fear whatsoever of having this I thank the Chair. workers were replaced as part of a September 12, 1996 CONGRESSIONAL RECORD — SENATE S10351 downsizing effort under the National Work with us to do what little we they be paid those legal fees, but he Performance Review. But it became can to repair what was unjustly done should be paid. clear the NPR review came after the to Billy Dale and the other dedicated But the proponents of this, what decision was made to fire them. servants of the people. looks to be a complete gratuity, keep So the White House spinmeisters Mr. President, I urge my colleagues talking about some inequity perhaps in changed gears. They turned the victims to reject the amendment to strike the the prosecution. There has been none, into criminals. They did so by publicly reimbursement for Mr. Dale. no suggestion of any in the investiga- charging the seven with the very same The PRESIDING OFFICER. Who tion or the prosecution of Billy Dale in unfounded rumors that Harry yields time? a criminal proceeding. Thomasson used to get them fired. Mr. LEVIN. Mr. President, I ask for 3 We have never paid legal fees for So not only did Billy Dale and his co- minutes. How much time does the Sen- somebody who was legally indicted. workers lose their jobs. They and their ator from Nevada have? Never. This Senate would be setting a families were subjected to a public The PRESIDING OFFICER. Four precedent which is unwise in the ab- smear campaign by White House zeal- minutes 30 seconds. sence of any record, and in order to ots trying to save face. Mr. LEVIN. Mr. President, will the test what we are doing, what we are In trying to save face, these zealots Senator yield me 4 minutes? saying is, refer it to the Court of co-opted the FBI, the IRS, and the Jus- Mr. REID. The Senator can have 4 Claims. That has been done with regu- tice Department into pursuing Billy minutes. larity on claims against the Govern- Dale. They pursued him with more Mr. LEVIN. Mr. President, the issue ment. vengeance than the Dallas Cowboys’ here is not these individuals. The issue The Court of Claims has been given doomsday defense. here is one individual who was properly that jurisdiction by us. Let the Court But a jury would have none of it. Fol- indicted, properly prosecuted, properly of Claims test this hypothesis that lowing his trial, a jury took only 2 tried. There is no evidence that the there was something inequitable in the hours to return an acquittal. It recog- FBI investigation was improper. There prosecution of Billy Dale, not the fir- nized the trumped-up charges brought is no evidence here that the prosecu- ing of these seven people. We already by the Justice Department. tion by the Department of Justice was know there was inappropriate behavior The net effect of all this harassment improper. There is no evidence here by White House staff in that area. We took a real toll—not only on the seven that the trial was defective. The judge are talking about the prosecution by employees, but their families as well. at this trial, a distinguished Federal the Department of Justice of Billy Dale Their reputations, their dignity, and judge, ruled that the evidence was sig- for depositing $54,000 of Travel Office their psychological well-being—all nificant and substantial enough to con- checks in his own personal account and have suffered at the hands of irrespon- vict this defendant. telling nobody about it. sible zealots in the White House. As far as the other people who were Test that hypothesis to see if there This is a White House that, to this fired, their legal fees have been paid was something wrong with that. Let day, refuses to accept responsibility for and should be paid. That is not the the Court of Claims approve this before its wrongdoing. issue. The issue is not errors by the taxpayers’ moneys are paid. No one takes responsibility for their White House in the firing of those em- I thank the Chair. firing. ployees. Those errors were made. They The PRESIDING OFFICER. Who There is only finger pointing. were conceded years ago. The legal fees yields time? Passing the buck. relative to those employees have been Mr. HATCH. Mr. President, how And the harassment continues. Now, paid, should be paid, and $50,000 of the much time does the Senator from Utah it is legislative harassment. amount of money in this appropria- have? We have before us a provision in this tions bill completes that payment. The PRESIDING OFFICER. The Sen- bill to make Billy Dale economically The issue here is whether or not Billy ator from Utah has 5 minutes remain- whole, at least for his legal expenses. Dale should get $450,000 for his legal ing. But the White House has fanned out fees when it wasn’t the White House Mr. HATCH. And on the other side? its lieutenants to sabotage this provi- who investigated him, it was the FBI. The PRESIDING OFFICER. Thirty- sion. And that investigation has been ruled seven seconds. Their objective: Kill the provision to proper by four different entities. It Mr. HATCH. Mr. President, I am ap- spare the President the embarrassment wasn’t the White House which pros- palled by this debate. Relying on con- of signing it. ecuted Billy Dale. It was the Depart- fidential documents, some of my col- That is what this is all about. It’s ment of Justice, and their prosecution leagues have continued, in my opinion, politics, getting in the way of a right- was perfectly appropriate based on the public smearing of Billy Dale. I am and-wrong issue. what Billy Dale did, not on what the astonished that they would use such a Political barriers to correcting a White House did. tactic in the U.S. Senate, one that I wrong will not stand, Mr. President. The prosecution of Billy Dale was think they have historically reserved Ultimately, public opinion will based on the fact that he deposited for Presidential nominees and accused weight in against the Democrats and $54,000 in checks meant for the Travel Communists. the White House on this issue. Office in his own personal account that I have little doubt that some of my All the harassment strategies to save he had with his wife back in Clinton, colleagues would have been tempted to the President from embarrassment will MD, that he intermingled those funds read Billy Dale’s tax returns and medi- only make the embarrassment worse. belonging to the Travel Office without cal files into the RECORD if they It is inevitable. notice to anybody. No one at the Trav- thought it would advance their objec- There is a moral to this story, Mr. el Office knew that that is what he was tive to win at any cost. President. doing. I believe there is substantial evi- Nothing is politically right which is The prosecution of Billy Dale wasn’t dence to suggest the decision of the morally wrong. based on White House actions, it was Justice Department to indict Mr. Dale That’s the issue here, Mr. President. based on the fact that he cashed $14,000 was tainted by a political context in The Travelgate bill we’re considering that was supposed to go into the petty which the case was referred to the Clin- is all about Congress taking the initia- cash fund but which didn’t and which is ton Justice Department. I don’t think tive to right a wrong. unaccounted. It was his actions for anybody doubts that. And those trying to block it are con- which he was being tried. No. 1, when the case first came to the spiring against the President taking There is a hypothesis here that some- Justice Department, prosecutors ig- responsibility for his mistakes. how or another the prosecution was nored information that there was in- I would urge my colleagues on the improper. Test that hypothesis. Let sufficient evidence to prove that Mr. other side to save the President any the Court of Claims make the deter- Dale had committed the crimes for more embarrassment. mination that there was something in- which they were seeking to charge Stop the legislative shenanigans. equitable, in which case not only will him. S10352 CONGRESSIONAL RECORD — SENATE September 12, 1996 No. 2, my Democratic colleagues You may all dimly remember the Travel been asked to testify about the matters re- spoke of an FBI financial analysis that Office affair in which a number of White lating to personnel security in connection showed Mr. Dale was improperly mov- House staff—many immature and self-pro- with the Congressional inquiry into the ob- ing Travel Office funds. This was di- moting—took impulsive and foolhardy ac- taining of FBI background investigation tions to root out problems at the beginning files of former White House employees, an rectly refuted by an accountant that of the Clinton administration and to gal- inquiry that grew out of the Travel Office even the FBI used to train its agents. lantly recommend that they take over its matter. A copy of his disposition testimony This important information was not re- operation. The White House has the nerve to is enclosed. flected in the prosecution memo and request the payment of legal fees to its own 6. Carolyn Huber is a Special Assistant to was, therefore, not considered by the people but not to those that they victimized. the President and Director of Personal Cor- grand jury. Mr. President, that is the height of respondence. Her office is responsibility for No. 3, the audit my colleagues have hypocrisy. I urge all of my colleagues personal correspondence of the First Lady. referred to conducted by Peat Marwick to defeat the Reid-Levin amendment In response to the House Committee’s sub- after the Travel Office firings found no and do justice here. I hope some on the poena for documents related to the Travel evidence of wrongdoing. Despite a other side feel the same way. No Amer- Office and other matters, Ms. Huber identified a letter from David Watkins to the First White House directive to find wrong- ican deserves the treatment Billy Dale doing, Peat Marwick found no im- Lady that was located in her office and that has gotten and received from the White was potentially responsive to the subpoena. proper action. In fact, one of them House, nor did he deserve the treat- She was asked to testify about the identi- commented the conclusion was reached ment he received from some of my col- fication and chain of custody of this docu- before they even did their work. leagues last night on this floor. We ment. A copy of her deposition testimony is No. 4, critical evidence was ignored, should right this wrong which has been enclosed. again, when prosecutors failed to inter- lingering for the last 3 years and lift 7. Ed Hughes was the Executive Assistant view Mr. Dale’s children until after the the cloud above Mr. Dale’s head and in the Office of Personnel Security. He prosecution memo was written and the allow him to get on with his life. served as the Executive Assistant to Craig indictment returned. Mr. President, I ask unanimous con- Livingstone. As a result of this position, he No. 5, also overlooked was the out- sent that two letters, dated August 13, has been asked to testify about the operation standing record that Billy Dale had es- of the Office of Personnel Security in con- 1996, from Jack Quinn to Helene M. tablished in his years working in the nection with the FBI files matter. Goldberg, be printed in the RECORD. White House Travel Office. His col- There being no objection, the letters 8. Jonathan Denbo was the Security Assist- ant in the Office of Personnel Security. He leagues and members of the media he were ordered to be printed in the served characterized him as a profes- served as an assistant to Craig Livingstone. RECORD, as follows: sional and an honest man. As a result of his position, he has been asked Again, this evidence was left out of THE WHITE HOUSE, to testify about the operation of the Office of Washington, DC, August 13, 1996. the prosecution memo and not pre- Personnel Security in connection with the HELENE M. GOLDBERG, FBI files matter. sented to the grand jury. Director, Torts Branch, U.S. Department of Jus- 9. Dee Dee Myers was the White House I mentioned that Sam Donaldson tes- tice, Washington, DC. tified in his behalf. The moneys that Press Secretary. As a result of her respon- Re: Investigations by Congress and the inde- sibility as press secretary, Ms. Myers partici- were involved were the media’s mon- pendent counsel into the Travel Office pated in press briefings and responded to eys, and they had no complaints over and related matters. press inquiries about the Travel Office mat- the way he handled it. DEAR MS. GOLDBERG: This letter supple- ter. She has been asked to produce docu- In closing, I want to point out that at ments my letter to you of July 5, 1996, con- ments to the House Committee, including the same time my Democratic col- cerning reimbursement of White House offi- her notes, and has been asked to testify leagues are on the floor besmirching cials for legal fees and expenses incurred in about her knowledge of the Travel Office connection with the Travel Office and relat- Mr. Dale and accusing him of being matter. A copy of her deposition testimony ed matters. A copy of the July 5, 1996 letter, is enclosed. guilty after he was acquitted by 12 ju- together with attachments, is enclosed. I un- rors who were peers of his in a formal derstand that you need some further infor- 10. Ashley Raines is the Customer Service trial, the White House has maneuvered mation with respect to the duties of each in- Program Director of the Office of Adminis- a way in which its own people, those dividual requesting reimbursement. That in- tration. She was the custodian of certain documents and lists requested by Congress in loyal first and foremost to the Clinton formation is provided here. We have developed this information essentially based upon connection with the FBI files matter and has administration, will be reimbursed for been asked to testify about those documents legal expenses: Bruce Lindsey, Mack the letters sent to the White House requesting reimbursement; White House records de- and lists. McLarty, and George Stephanopolous. scribing the responsibilities and job titles of 11. Ricki Seidman was the Assistant to the I personally don’t have any problem the witnesses; and deposition transcripts President for Scheduling and Advance. Prior with that, but I think it hypocritical that are now publicly available. We have en- to holding that position, she served as Dep- for them seeking reimbursement of closed those transcripts where we believe it uty Communications Director and Counselor their own but not seeking reimburse- might be helpful in understanding the role of to the Chief of Staff. She has been asked to ment for a person they pretty well the witness in the Travel Office matter. respond to the subpoena from the House admit they smeared and they took 1. Nelson Cunningham is the General Coun- Committee and, according to her counsel, apart from a reputation standpoint. sel in the Office of Administration. As such, has been asked to testify concerning her I am not here today to comment on he has been asked to testify about the chain knowledge of the Travel Office matter as a of custody of the David Watkins memoran- the propriety of that reimbursement to result of her (1) editing the Management Re- dum concerning the Travel Office matter, view; (2) attendance at any meetings where those 23, other than what I said. In which was located in the archives of the Of- the matter was discussed; and (3) in connec- fact, if the law allows it, fine with me. fice of Administration in December 1995. tion with any discussions she may have had My point in raising the issue is to show 2. Bruce Overton is the Deputy General with other White House officials at the time. the sheer hypocrisy of the Clinton ad- Counsel of the Office of Administration. He A copy of her deposition testimony is en- ministration. The Clinton White House also was asked to testify about the chain of closed. custody of the David Watkins memorandum. victimized Billy Dale and the other 12. Clifford Sloan was an Associate Counsel 3. Douglass Matties is the Special Assist- to the President. As such, he participated in members of the Travel Office leading ant to the Director of the Office of Adminis- various investigations of the Travel Office to an unprecedented political prosecu- tration. He was also asked to testify about matter and has been asked to produce docu- tion costing Mr. Dale upward of $500,000 the chain of custody of the David Watkins ments and testify about these investigations. in legal fees. Even the White House ad- memorandum. mitted that it lacked proper judgment 4. Nell Doering is a Supervisory Manage- I have no reason to believe that the con- in the handling of the Travel Office ment Analyst in the Office of Administra- duct of any of the above individuals, all of employees. tion. She is responsible for maintaining doc- which was performed in the course of their I would like to quote again from a uments in the archives. She also was asked official duties, was not performed in good document produced to the Judiciary to testify about the chain of custody of the faith. Accordingly, it is in the interest of the David Watkins memorandum. United States to reimburse these officials for Committee by the White House. This is 5. Charles Easley is the Security Office for their legal fees and expenses. a document advocating a certain posi- the Executive Office of the President. He was Sincerely, tion. This was produced by the White recently been given responsibility for per- JACK QUINN, House: sonnel security for White House staff. He has Counsel to the President. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10353

THE WHITE HOUSE, quested documents and testimony from these [Rollcall Vote No. 286 Leg.] Washington, DC, August 13, 1996. individuals about conduct performed in the YEAS—46 HELENE M. GOLDBERG, course of their official duties. I have no rea- Akaka Feinstein Lieberman Director, Torts Branch, U.S. Department of Jus- son to believe that the conduct of any of the Baucus Ford Mikulski tice, Washington, DC. above individuals was not performed in good Biden Glenn Moseley-Braun Re: Investigations by Congress and the inde- faith. Bingaman Graham Moynihan pendent counsel into the Travel Office I recommend that each of these requests be Boxer Harkin Murray and related matters. approved and that reimbursement be pro- Bradley Heflin Nunn DEAR MS. GOLDBERG: I am writing pursu- vided. I believe that reimbursement is in the Breaux Hollings Pell Bryan Inouye Reid ant to Frank W. Hunger’s letter to me of interest of the United States since these in- May 22, 1996, concerning the payment or re- Bumpers Johnston Robb dividuals should be not be compelled to pay Byrd Kennedy Rockefeller imbursement of fees and expenses incurred private counsel, out of their own resources, Conrad Kerrey Sarbanes by current and former White House officials to represent them in connection with activi- Daschle Kerry Simon in conjunction with the House Committee on ties performed as part of their government Dodd Kohl Wellstone Government Reform and Oversight’s inves- service. Dorgan Lautenberg Wyden tigation of the Travel Office matter.1 In ad- Exon Leahy I have advised these individuals that you Feingold Levin dition, I am forwarding for consideration a will communicate directly with them, or request for reimbursement for fees and ex- their counsel, in responding to their re- NAYS—52 penses incurred by a current White House quests. Abraham Frist McCain staff member in connection with the inves- Sincerely, Ashcroft Gorton McConnell tigation by the Independent Counsel into the JACK QUINN, Bennett Gramm Murkowski Travel Office matter. We understand that Counsel to the President. Bond Grams Nickles this request will be considered separately by Brown Grassley Pressler the Department. Mr. HATCH. Mr. President, I reserve Burns Gregg Roth The information provided below has been the balance of my time. Campbell Hatch Santorum developed essentially based upon the letters Chafee Hatfield Shelby Mr. REID addressed the Chair. Coats Helms Simpson sent to the White House requesting reim- The PRESIDING OFFICER. The Sen- Cochran Hutchison Snowe bursement; White House records describing Cohen Inhofe Specter the responsibilities and job titles of the wit- ator from Nevada. Coverdell Jeffords Stevens nesses; and deposition transcripts that are Mr. REID. Maybe there are those who Craig Kassebaum Thomas now publicly available. We have enclosed wish that there were impropriety. D’Amato Kempthorne Thompson DeWine Kyl Thurmond those transcripts where we believe it might There was not any. The people referred be helpful in understanding the role of the Domenici Lott Warner to by my friend from Utah were not in- Faircloth Lugar witness in the Travel Office matter. Frahm Mack Enclosed are requests for reimbursement dicted. There has never been any hint submitted on behalf of the following offi- of any in this case, in the prosecution, NOT VOTING—2 cials: of impropriety. He agreed to plead to a Pryor Smith 1. Kelli McClure. Ms. McClure is the White felony. This matter should be referred The amendment (No. 5256), as modi- House Personnel Liaison in the Office of to the Court of Claims, an independent Management & Administration. She has been fied, was rejected. tribunal, if they believe their case is so Mr. HATCH. Mr. President, I move to asked to testify before the grand jury just. We believe it is not. The Court of empaneled by the Independent Counsel in reconsider the vote. connection with Travel Office related mat- Claims would handle the case properly. Mr. COHEN. I move to lay that mo- ters as a result of her official responsibilities Mr. HATCH. Mr. President, do I have tion on the table. with respect to personnel issues and mainte- any time left? The motion to lay on the table was nance of personnel records. The PRESIDING OFFICER. The Sen- agreed to. 2. Lisa Caputo. Ms. Caputo was the Deputy The PRESIDING OFFICER. The Assistant to the President and Press Sec- ator from Utah has 3 seconds remain- retary to the First Lady. She has been asked ing. The Senator from Nevada has 12 question occurs on the Kassebaum to produce documents and to provide deposi- seconds remaining. amendment. tion testimony to the House Committee in Mr. HATCH. Mr. President, let us do The Senate will be in order. connection with her responsibilities as the justice here. Let us reimburse this man Mr. LOTT. Mr. President, was the First Lady’s Press Secretary. As such, she and give him his reputation back. motion to reconsider laid on the table? was involved in press briefings and discus- The PRESIDING OFFICER. It was. The PRESIDING OFFICER. All time sions related to Travel Office matters. A Mr. LOTT addressed the Chair. copy of her deposition testimony is enclosed. has expired. The PRESIDING OFFICER. The ma- 3. Thomas F. McLarty, III. Mr. McLarty was The question is on amendment No. jority leader is recognized. the Chief of Staff and now serves as Counsel 5256, as modified. The yeas and nays Mr. LOTT. Mr. President, if I could to the President. As Chief of Staff, Mr. have not been ordered. McLarty has been asked to produce docu- have the Senators’ attention, maybe I ments and to provide deposition testimony Mr. HATCH. Mr. President, I ask for can outline where we are and begin to to the House Committee concerning his the yeas about nays. think about where we hope to go today knowledge and participation in the events The PRESIDING OFFICER. Is there a and the balance of the week. leading up to the firing of the Travel Office sufficient second? There is a sufficient The Senate began consideration of employees and his role in the White House second. this Treasury-Postal appropriations investigation of the matter. A copy of his The yeas and nays were ordered. bill at 4 p.m. on Tuesday of this week deposition testimony is enclosed. and has spent approximately 15 hours 4. Kathleen Whalen. Ms. Whalen is an Asso- The PRESIDING OFFICER. The ciate Counsel to the President. As a member question is on agreeing to the amend- considering the legislation. This is not of the Counsel’s Office, she has responsibil- ment, as modified. The yeas and nays a bill that really is that controversial. ities for Presidential Appointments. She has have been ordered. The clerk will call I was a little bit taken aback when been asked to provide deposition testimony the roll. Senators on both sides of the aisle to the House Committee in connection with came up with, I guess, about 97 amend- her knowledge of procedures relating to the The assistant legislative clerk called the roll. ments last night. Most of the 97 amend- use of FBI background files for Presidential ments are nongermane to this bill. And Appointments. Mr. NICKLES. I announce that the Each of these officials has described in the 15 hours has already been spent on it. Senator from New Hampshire [Mr. We need to get serious now and narrow enclosed correspondence the requests that SMITH] is necessarily absent. have been made and the responses required this list down to the ones we really do by the Congressional Committee or Inde- Mr. FORD. I announce that the Sen- feel are important, hopefully germane, pendent Counsel. In each case, the Commit- ator from Arkansas [Mr. PRYOR] is ab- and deal with them in a quick, reason- tee and/or the Independent Counsel has resent because of illness in the family. able period of time. The PRESIDING OFFICER (Mr. Most of the time in this 15 hours has 1 Since Mr. Hunger’s letter of May 22, 1996, the FRIST). Are there any other Senators in been spent considering nongermane is- ‘‘Travel Office Matter’’ has grown to include inves- the Chamber desiring to vote? sues. As it stands now, on the majority tigations by Congress into requests by the White House Office of Personnel Security for FBI files re- The result was announced—yeas 46, side of the aisle, we have not more lated to former White House employees. nays 52, as follows: than 12 amendments that have to be S10354 CONGRESSIONAL RECORD — SENATE September 12, 1996 considered in some way or other before have the amendments filed, so we can Mr. KERREY. Unless we propound a passage, and I think less than a half look with some serious understanding unanimous consent to agree on those dozen of those actually would require of what it is we have left to do. And if two amendments, I think it is going to any time and the possibility of a re- we require amendments to be filed, we be difficult to proceed. We just won’t corded vote. I think we can get it down will have a much better understanding be realistic about it. If leadership will below that. Frankly, where we ought to of that. So I hope that both sides can help us get that done—I don’t know be is a couple of amendments on each agree. why—I personally don’t understand. side and then move to final passage of Mr. LOTT. I think that is a fair thing We are prepared to accept both amend- the bill. to do. Everyone knew this bill was ments, by the way, to be cleared on I understand that on the Democratic coming. If you have an amendment this side. I would be prepared to accept side of the aisle they still have 35 that you are serious about, surely, you both of the amendments. We are going amendments that remain to be offered. have it developed. So file it, and we can to conference, for God’s sake. Every- Again, many, or most of those, are see who is serious. At 12 o’clock we can body knows what that means. nongermane. I know that the minority assess what we can do with regard to Mr. LOTT. Mr. President, again, if leader has been working with his lead- this bill, how we can wrap it up, and the Senator will yield, I know the man- ership team, and they have had some when. agers of this legislation can come up amendments removed from the list. But it would be my intent, probably with a good recommendation to the But right now we are still looking at around noon, to go to the Chemical leadership. somewhere, I guess, between 35 and 40 Weapons Convention. We all knew this Mr. KERREY. I am making a rec- amendments. I really have to say that has been coming. I made a commit- ommendation. I recommend that we I think that is ridiculous. ment to bring it up by the 14th. The ad- modify the unanimous-consent request I hope all Members will exercise re- ministration wants it. Of course, it is to include these two amendments for straint with regard to offering amend- ready to go. So we are going to have to rollcall votes immediately. That is ments in an effort to reach final pas- do that. I am going to do my very best what we have to do to get these votes sage early this afternoon. The Senate to request a number of Senators to fin- up and out and get our business done. must also consider the chemical weap- ish it today and have the vote tonight, We have been talking about it for a ons today, which has a time limitation so we won’t have to go over to tomor- couple of days. I say let us start vot- of up to 12 hours. And, needless to say, row. Again, it takes cooperation. So ing. the Senate begins that this afternoon. let’s go forward now for the next hour Mr. LOTT. I feel a need at least to The earlier the Senate concludes this and a half, or so, and assess where we have a chance to talk with the Sen- business, the better. are, and we will announce at that time ators involved in this issue. I do not All Senators should be aware that we exactly when we are going to go to the see Senator KASSEBAUM on the floor. must continue to make progress on ap- chemical weapons treaty. Was there Mr. KERREY. If we can go into a propriations bills. That is our job. We objection to that request? quorum call for about 5 minutes and Several Senators addressed the should do it in regular order, with co- get it resolved. We have work to do. We Chair. operation. But I am getting very con- know what needs to be done. Let us get The PRESIDING OFFICER. Is there the votes. For gosh sakes, one is a cerned about what we are going to be objection? able to do on these final four appro- Mr. KERREY. Reserving the right to sense-of-the-Senate resolution. It is priations bills. object, I would like to ask the majority hardly what I would call Earth shatter- I would like to see the Senate do leader. One of the biggest problems ing. Mr. DASCHLE. Mr. President, I something that has not been done more that we have stuck in our throat on think the Senator from Nebraska than once or twice in 25 years: com- this bill right now is the Kassebaum plete all the appropriations bills before sense-of-the-Senate resolution followed makes a very good point. It might be in the beginning of the fiscal year. I can by a second Wyden amendment. If we our interest just to check. I would be only do so much. There are a lot of could wrap those two up, if we could compelled to object at this point to the other bills that Members on both sides get unanimous consent to vote on request, even though I have already ex- would like to have considered. Some those right away, we could move on. pressed myself with regard to how I would only take a couple hours. We There are a lot of these amendments feel about the request, just to accom- have to focus on the appropriations that have been offered with Senator modate our ranking member in this re- bills. Members who insist on offering SHELBY and I working with Republican gard. So I will not object if we go into nongermane amendments to the appro- and Democratic Members trying to see a quorum call to clarify whether or not priations bills are delaying enactment if we can reach some accommodation we can do what the Senator from Ne- of very important spending measures so that we get this thing done. We have braska has suggested. That would be that will have an impact on us being been on the bill 2 days. We have, as I my hope so we can resolve at least that able to complete our work by the first said, the Kassebaum sense-of-the-Sen- matter. Otherwise, I will be compelled of the month. ate resolution and the Wyden amend- to object, and we can just continue to So, with that in mind, and in order ment. If we could add those to the work. for the managers to assess what truly unanimous consent and vote on those Mr. LOTT. Mr. President, that is why remains to be considered, I ask unani- right away, we think we have a pretty we should have asked for this request mous consent that all remaining good chance of resolving most of this. yesterday. We should have had all the amendments in order to H.R. 3756 must Mr. LOTT. If the Senator will yield, amendments that are serious filed yes- be filed at the desk by 12 noon today. I would like to ask the managers to get terday. We had the hotline even on the Mr. DASCHLE. Reserving the right with the Senators involved—Senators request to ask you to file your amend- to object, let me just say, for the KASSEBAUM and WYDEN, and the assist- ments. Record, that in the last Congress all ant majority leader, Senator NICKLES, So we are going to go into a quorum the appropriations bills were finished and those who are interested in this call, and we are going to have a time on time. We would like to see if we can issue. We debated this yesterday. I out, instead of doing business while do that 2 years in a row. I have indi- would like to see if we can come to a their conversations are going back and cated my desire to work with the ma- conclusion on that. But I am not pre- forth. I do not think it is unreasonable jority leader to see if we can get that pared to propound a unanimous con- to ask the people involved to get to- done. sent on that right now because I do not gether and let us talk about how we We have gone through our list and know where everybody is. I believe, if can work it out. At the same time we find about 18 amendments that may re- we could go ahead and get started to are again extending the time, or I quire action. So we have our work cut move forward on the bill and any other guess we would have to extend the time out for us in order to get this bill done. amendments, we can work on that, and for Senators to file their amendments. I think this is a good suggestion. I maybe we can come to an agreement to The intent is that all amendments be would like to see if we can’t work get a vote on that at 11:30. We will filed by 12 o’clock. I hope that Senators through the next couple of hours to work on that with you. will proceed on that assumption. I have September 12, 1996 CONGRESSIONAL RECORD — SENATE S10355 no problem with our getting together which have been cleared on each side of Meanwhile, the Federal tax system to see if we can work out this problem, aisle. has grown more complicated than ever and I cannot make a commitment be- I ask unanimous consent that these before. In the mid-1950’s, the Federal cause I have not followed the issue amendments be considered and ap- Income Tax Code was comprised of 103 enough to be able to say right now that proved, en bloc, and that accompany- sections and 400,000 words. Today, it we ought to do this or that. I have to ing statements be placed at the appro- has ballooned to 698 sections—a 578- consult with people who are familiar priate place in the RECORD. percent increase—and nearly 1.4 mil- with the subject on both sides. Mr. President, the amendments are lion words. Adding to the aggravation Mr. KERREY. Mr. President, with re- as follows: for Senator GRAMS, to im- of the Nation’s taxpayers, tax regula- spect, I think the unanimous consent prove the IRS 1–800 help line service; tions have multiplied just as rapidly. request is good. I would love to get it for Senator FAIRCLOTH, regarding color Between 1955 and 1994, the number of approved. I do not object to the unani- printing of tax information; for Sen- words in the regulations of the Internal mous consent. But the next pending ator LEVIN, a sense-of-the-Senate reso- Revenue Code increased more than 550 business is the Kassebaum sense-of-the- lution in support of the U.S. nego- percent, from just over 1 million words Senate resolution. tiators’ position on autos and auto to 5.7 million. Even if you are a trained Mr. LOTT. Mr. President, let me parts with Japan; for Senator THOMP- speed reader who can read 1,000 words a renew my unanimous consent request SON, for the GSA to create a pilot pro- minute, and you did not do anything and get an agreement on that so the gram for States to participate in the else but devote every hour of every Senate is on notice. We can take the FTS 2000 program. business day to reading these regula- quorum call, and we will right now and The PRESIDING OFFICER. Is there try to come to a conclusion of the tions, it would take you almost 3 years objection to the request for the amend- to complete them. issue. ments to be considered en bloc? Mr. LAUTENBERG. Will the major- Mr. KERREY. Mr. President, we have The rapid growth of the Federal Tax ity leader yield for a question? reviewed the amendments. There is no Code and its regulations has dramati- Mr. DASCHLE. Let me respond, if I objection. cally increased the complexity of our could, to the majority leader, and then The PRESIDING OFFICER. Without tax system, to the point where no one I will be happy to yield to the distin- objection, it is so ordered. The clerk but a very few tax specialists can un- guished Senator from New Jersey. I will report the amendments by num- derstand it. Even IRS agents are often think that we have to resolve the mat- ber. confused by their own tax laws. The ter the Senator from Nebraska has pre- The assistant legislative clerk read complexity of the Federal tax system sented to us prior to the time we enter as follows: means that tax assistance for ordinary into a unanimous-consent agreement. The Senator from Alabama (Mr. SHELBY) American taxpayers is even more ur- If we can do that, I think that is a proposes amendments numbered, en bloc, gent now than ever before. good-faith indication that we are able 5261 through 5264. to resolve at least that part of it, and But this desperately needed assist- The amendments (Nos. 5261 through ance has not been adequately and effec- then we can go on to the next step. Let 5264), en bloc, are as follows: us do that. tively provided. For example, my State Mr. LOTT. If we can go into a AMENDMENT NO. 5261 office receives complaints daily from quorum call—but during that quorum (Purpose: To require the Internal Revenue constituents frustrated they cannot call I will also consider putting this Services to allocate sufficient funds and get through to a human being at the staff for providing improved IRS 1–800 help toll-free lines established by the IRS: bill down right now and proceed to the line service to taxpayers) Chemical Weapons Convention. This is the lines are constantly busy. In some At appropriate place insert the following the kind of thing that makes it impos- section: cases, my constituents have tried for 3 sible for us to do our work in a reason- ‘‘SEC. . IMPROVEMENT OF THE IRS 1–800 HELP or 4 days before they finally got able and cooperative way. I am saying LINE SERVICE through. that we should meet and discuss how ‘‘(a) Funds made available by this or any Mr. President, we enact laws and re- we can solve this problem. But 15 hours other Act to the Internal Revenue Services quire the people to obey them. But in on the Treasury-postal appropriations shall be available for improved facilities and increased manpower to provide sufficient this case, the IRS has failed to provide bill with all of the work we have pend- sufficient assistance to enable average ing, it is time that we get serious. To and effective 1–800 help line for taxpayers. ‘‘(b) The Commissioner shall make the im- Americans to understand and comply have 40 amendments pending on this provement of the IRS 1–800 help line service with the laws. And when innocent non- bill now is not serious. a priority and allocate resources necessary compliance occurs due to the complex- I observe the absence of a quorum. to ensure the increase in phone lines and The PRESIDING OFFICER. The ity of the tax system, we punish the staff to improve the IRS 1–800 help line serv- taxpayers by imposing all sorts of pen- clerk will call the roll. ice.’’ alties. This is simply not fair. The legislative clerk proceeded to Mr. GRAMS. Mr. President, this is a call the roll. simple and straightforward amend- Mr. President, this amendment is a Mr. SHELBY. Mr. President, I ask ment. All it does is ask the Commis- small but important step to improve unanimous consent that the order for sioner of the Internal Revenue Service our service to the American taxpayers. the quorum call be rescinded. to make improvement of the IRS 1–800 All it does is urge the IRS to use exist- The PRESIDING OFFICER (Mr. help line service a priority, and allo- ing funds to provide more IRS 1–800 DEWINE). WITHOUT OBJECTION, IT IS SO cate the necessary resources to ensure help line servive. I urge my colleagues ORDERED. to support it. Mr. SHELBY. Mr. President, I also the American taxpayers receive the as- ask unanimous consent that the pend- sistance they need from the IRS. AMENDMENT NO. 5262 Mr. President, although IRS spending ing committee amendments be tempo- (Purpose: To prohibit the Internal Revenue rarily laid aside. increased from $2.5 billion in fiscal year 1979 to $7.5 billion in fiscal year Service from using color printing for pur- The PRESIDING OFFICER. Without poses other than to call attention to objection, it is so ordered. 1996, the level of service provided to the changes in tax law or to make tax forms Mr. SHELBY. Mr. President, I ask taxpayers has not grown proportion- easier to use) unanimous consent that the UC agree- ally. In recent years, the IRS has invested billions of taxpayer dollars in On page 26, after line 9, insert the follow- ment earlier propounded by Senator ing: LOTT, the majority leader, be with- its efforts to modernize its operations, drawn. including its information systems—but SEC. . No funds made available by this The PRESIDING OFFICER. Without the results have been described by the Act, or any other Act, to the Internal Reve- GAO as ‘‘chaotic.’’ As an ironic con- nue Service may be used to pay for the de- objection, it is so ordered. sign and printing of more than two ink col- AMENDMENTS NOS. 5261, 5262, 5263, AND 5264 EN sequence, the Nation’s tax collector re- ors on the covers of income tax packages, BLOC mains perhaps the least taxpayer- and such ink colors must be the same colors Mr. SHELBY. Mr. President, I send a friendly agency in the entire Federal as used to print the balance of the material number of amendments to the desk Government. in each package. S10356 CONGRESSIONAL RECORD — SENATE September 12, 1996 AMENDMENT NO. 5263 port for achievement of the commit- ministration on how to proceed, if at (Purpose: Sense-of-the-Senate resolution in ments made in the agreement. We want all, on the Chemical Weapons Conven- support of U.S. negotiators’ position in Japan to know that Congress will be tion. There is some indication perhaps Framework Agreement on Autos and Auto watching the September 18 and 19 con- agreement may be reached to not do Parts with Japan consultations) sultations and we expect to see compli- that at this time, but I have to have At the appropriate place, insert the follow- ance with the letter and spirit of the that request from the administration. ing: We have to have an understanding That the Senate finds: on June 28, 1995, the framework agreement. United States and Japan finalized the text of The success of this United States- about what that means. the U.S.-Japan Framework Agreement on Japan agreement lies in the level to In the meantime, we ought to be Autos and Auto Parts in Geneva. which it is complied with. We know all working on the Treasury-Postal appro- That the 30 page text spells out a wide- too well from past experience that priations bill. I am not asking much ranging set of commitments by the Govern- Japan will not open its markets with- here. I am just asking that the Senate ment of Japan to meet the Framework objec- out strong pressure from the United move forward. I think the Members tive of ‘‘achieving significantly expanded States. would like to move forward, if we could sales opportunities to result in a significant The September consultations offer get the staff to agree. expansion of purchases of foreign parts by So I feel that I must ask for these Japanese firms in Japan and through their United States negotiators the chance transplants, as well as removing problems to review Japan’s progress and insist consents—and I believe Senator which affect market access, and encouraging that the agreement be lived up to. With DASCHLE wants to cooperate with imports of foreign autos and auto parts in this resolution we stand firmly behind this—but as the time goes by today, we Japan.’’ our negotiators in insisting that we see have to consider other options. That the commitments to action by the true progress and concrete results. Mr. President, I ask unanimous con- Government of Japan and statements by the sent, then, that there be 20 minutes re- AMENDMENT NO. 5264 Japanese private sector address the major maining for debate on the Kassebaum barriers to access that have frustrated U.S. (Purpose: To authorize the Administrator of amendment No. 5235, to be equally di- producers of competitive autos and auto General Services to conduct a pilot pro- parts in their efforts to sell in Japan and to gram involving States participation in the vided in the usual form, and following the Japanese transplants, and FTS2000 program) the debate, the amendment be laid That the Framework Agreement rep- At the appropriate place in the bill, insert aside and Senator WYDEN be recognized resents an unprecedented, enforceable set of the following: to offer an amendment on the same commitments to open the Japanese market SEC. . (a) The Administrator of the Gen- subject, the text of which Senator to foreign competitive autos and auto parts eral Services Administration is authorized to WYDEN will now send to the desk. and to increase the opportunities for com- conduct a pilot program involving up to 10 I further ask that there be 20 minutes petitive parts suppliers to sell to the Japa- States to provide FTS 2000 service to a State for debate on the amendment, to be nese transplant manufacturers. government, if: Therefore, it is the Sense of the United equally divided in the usual form and (1) the appropriate authority of such State no further amendments be in order dur- States Senate to fully support the goals set government makes application to the Ad- out in the Framework Agreement and sup- ministrator to receive FTS 2000 service and, ing the pendency of the Kassebaum and port the U.S. negotiators in their first an- as part of the application, agrees to pay all Wyden amendments. nual consultations with Japan on September costs associated with access; and I further ask that a vote then occur 18 and 19 in San Francisco in their efforts to (2) the Administrator finds that it would on the Kassebaum amendment, without obtain full compliance with the letter and be advantageous for the federal government further action or debate, to be followed spirit of the Framework Agreement. to provide FTS 2000 service to such State immediately by a vote on the Wyden government. amendment. FRAMEWORK AGREEMENT ON AUTOS AND AUTO (b) Nothing in this section shall be con- I think this is a fair way to proceed. PARTS strued to authorize the Administrator of the Mr. LEVIN. Mr. President, as co- This is what the Senator from Oregon General Services Administration to imple- indicated he wanted to happen. I think chairman of the Senate auto parts task ment cooperative purchasing under 40 U.S.C. force, I offer, with my colleague Sen- 481(b)(2). this is a way to get a vote on both of these issues and other issues. ator SPECTER, the other cochairman of (c) The authority provided in this section I further ask unanimous consent that the Senate auto parts task force, a bi- shall expire on September 30, 1998. this agreement be implemented at the partisan resolution in support of ob- The PRESIDING OFFICER. Under call of the majority leader, after notifi- taining full compliance with the letter the previous order, the amendments are agreed to, en bloc. cation of the Democratic leader. and spirit of the Framework Agree- The PRESIDING OFFICER. Is there The amendments (Nos. 5261 through ment on Autos and Auto Parts. objection? Last summer, the United States and 5264) en bloc were agreed to. Mr. KERREY. Mr. President, I ob- Mr. SHELBY. Mr. President, I move Japan signed an historic trade agree- ject. ment that promises to open Japan’s to reconsider the vote by which the Mr. LOTT. I regret this objection. closed markets to United States autos amendments were agreed to. The agreement seemed to be the best and auto parts and deregulate Japan’s Mr. KERREY. I move to lay that mo- course of action involving this impasse. convoluted and discriminatory auto tion on the table. Mr. President, I ask unanimous con- parts safety inspection process. The motion to lay on the table was sent that the Kassebaum amendment However, the success of this agree- agreed to. be laid aside for consideration of one ment pivots on its strict monitoring Mr. KERREY. Mr. President, I sug- amendment, and following the disposi- and enforcement. An important part of gest the absence of a quorum. tion of that amendment, the Kasse- that process is the annual consulta- The PRESIDING OFFICER. The baum amendment become the pending tions with Japan that are built into the clerk will call the roll. business. terms of the agreement. The first an- The bill clerk proceeded to call the The PRESIDING OFFICER. Is there nual review of the agreement between roll. objection? Without objection, it is so United States and Japanese nego- Mr. LOTT. Mr. President, I ask unan- ordered. tiators takes place on September 18 imous consent that the order for the Mr. LOTT. This allows us to proceed and 19 in San Francisco. quorum call be rescinded. then, Mr. President, to the next With September 18 quickly approach- The PRESIDING OFFICER (Mr. amendment in order. The managers ing, Senator SPECTER and I, as cochairs ASHCROFT). Without objection, it is so have some things they have been work- of the Senate auto parts task force, ordered. ing on. They can do that. This makes offer this resolution today in strong Mr. LOTT. Mr. President, it is noon good sense. I appreciate at least this support of the goals set out in the on Thursday. We have work to do. The cooperation. We will take them one framework agreement and in support of managers of the bill are doing very teeny step at a time. I yield the floor. our U.S. negotiators. constructive work here unofficially, Mr. KERREY. Mr. President, I sug- With this resolution, we want to but we need to get back to business. gest the absence of a quorum. make it clear that there continues to We are discussing with the minority The PRESIDING OFFICER. The be strong bipartisan congressional sup- leader and, through him, with the ad- clerk will call the roll. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10357 The legislative clerk proceeded to agrees to table—and we are going to be vate sector energy service companies under call the roll. aggressive in tabling amendments that title VIII of the National Energy Conserva- Mr. LOTT. Mr. President, I ask unan- we regard in some cases as nongermane tion Policy Act (42 U.S.C. 8287 et seq.) to imous consent that the order for the or to be incorrectly offered, to just let achieve during fiscal year 1998 at least a 5 percent reduction, from fiscal year 1996 lev- quorum call be rescinded. people have a heads-up on that. els, in the energy use of the facilities used by The PRESIDING OFFICER. Without Third, we will look for opportunities, the agency. objection, it is so ordered. if we can, to talk to Members that have (2) GOAL.—The activities described in para- Mr. LOTT. Mr. President, I renew my open—that is to say, they filed a place graph (1) should be a key component of agen- earlier request, with a change of time, mark in here to identify whether or cy programs that will by the year 2000 result that all amendments must be filed by not their concerns have been taken in a 20 percent reduction, from fiscal year Senators by 2 p.m. this afternoon on care of in other areas, so that we can 1985 levels, in the energy use of the facilities the Treasury-Postal appropriations begin to winnow this list of amend- used by the agency, as required by section 543 of the National Energy Conservation Pol- bill. ments down. icy Act (42 U.S.C. 8253). The PRESIDING OFFICER. Is there There is a very good chance, as we objection? Without objection, it is so now understand it, we will be on this AMENDMENT NO. 5272 ordered. bill all night long and until we get it At the appropriate place, insert the follow- Mr. LOTT. Mr. President, I should passed. ing: clarify that these have to be the Mr. SHELBY. That is right. ESTABLISHING A NATIONAL REPOSI- amendments that were on the list that I thank the Senator. I suggest the ab- TORY FOR ARSON AND EXPLOSIVES IN- we agreed to. Of course, the whole sence of a quorum. FORMATION world was on the list. But this would The PRESIDING OFFICER. The SEC. . NATIONAL REPOSITORY FOR INFORMA- have to be amendments on the list. clerk will call the roll. TION ON EXPLOSIVES INCIDENTS And they need now to be filed by 2 The legislative clerk proceeded to AND ARSON. call the roll. (a) Section 846 of Title 18. United States o’clock in order to be considered at all. Code, is amended by— I thank the Senator from Nebraska for Mr. SHELBY. Mr. President, I ask (1) designating the existing section as sub- his help in getting that agreement. I unanimous consent that the order for section (a): and hope now that he and the chairman can the quorum call be rescinded. (2) by adding the following new subsection make some progress on maybe some The PRESIDING OFFICER. Without (b) to read as follows: agreed-to amendments and take up objection, it is so ordered. ‘‘(b) The Secretary is authorized to establish a national repository of information on some amendment that is pending. AMENDMENT NOS. 5271 THROUGH 5278, EN BLOC incidents involving arson and the suspected Mr. KERREY. Mr. President, I sug- Mr. SHELBY. Mr. President, I send a criminal misuse of explosives. All Federal gest the absence of a quorum. number of amendments to the desk agencies having information concerning such The PRESIDING OFFICER. The which have been cleared on each side. incidents shall report the information to the clerk will call the roll. Mr. President, the amendments are Secretary pursuant to such regulations as The legislative clerk proceeded to as follows: Senator GRAMM, a sense-of- deemed necessary to carry out the provisions call the roll. the-Senate resolution regarding the of this subsection. The repository shall also Mr. SHELBY. Mr. President, I ask border States in Laredo, TX; for Sen- contain information on incidents voluntarily reported to the Secretary by State and local unanimous consent that the order for ators BINGAMAN and JEFFORDS regard- the quorum call be rescinded. authorities.’’ ing energy savings; for Senator (b) There is authorized to be appropriated The PRESIDING OFFICER. Without DASCHLE regarding explosives and such sums as may be necessary to carry out objection, it is so ordered. arson information; for Mr. D’AMATO re- the provisions of this subsection. Mr. SHELBY. Mr. President, I, along garding the commemorative coin pro- with my colleague, Senator KERREY, grams; for Senator MCCAIN regarding AMENDMENT NO. 5273 encourage all Senators now who have the Udall Scholarship Foundation; for (Purpose: To reform the commemorative amendments that we might be able to Senator DORGAN, Mr. CONRAD, Mr. coin programs of the United States Mint in clear and agree on between us, that DASCHLE, and Mr. PRESSLER regarding order to protect the integrity of such pro- they come down here and discuss them the transfer of excess properties to In- grams and prevent losses of Government funds, and for other purposes) with Senator KERREY and me, because dian tribes; for Senator BYRD regarding On page ll, strike lines ll and ll, and we are working off of a list. We have al- telecommuting; and for Senator HAT- ready worked four or five off in the last insert the following: FIELD to provide care funds for the Pio- ‘‘(l) MINT FACILITY FOR GOLD AND PLATINUM 30 minutes. Perhaps we can, if they will neer Courthouse in Portland, OR. COINS.—Notwithstanding any other provision come on over—it is just a few minutes I ask unanimous consent that these of law,’’. after 12—in the next hour or two we amendments be considered and ap- At the end of title V of the bill, insert the can perhaps work 8 or 10 off this list. I proved, en bloc, and that accompany- following new sections: think it would be helpful and construc- ing statements be placed at the appro- SEC. 5ll. COMMEMORATIVE COIN PROGRAM RE- FORM. tive, and we would be moving forward priate place in the RECORD. on this bill. The PRESIDING OFFICER. Is there (a) COMMEMORATIVE COIN PROGRAM RE- STRICTIONS.—Section 5112 of title 31, United Mr. KERREY addressed the Chair. objection? States Code, as amended by sections 524 and The PRESIDING OFFICER. The Sen- Without objection, it is so ordered. 530 of this Act, is amended by adding at the ator from Nebraska. The clerk will report the amend- end the following new subsection: Mr. KERREY. I thank the Chair. ments. ‘‘(m) COMMEMORATIVE COIN PROGRAM RE- Mr. President, as the distinguished The legislative clerk read as follows: STRICTIONS.— Senator from Alabama, the chairman The Senator from Alabama [Mr. SHELBY] ‘‘(1) MAXIMUM NUMBER.—Beginning Janu- of the subcommittee, said, we are try- proposes amendments numbered 5271 through ary 1, 1999, the Secretary may mint and issue ing to—and we are alerting both Sen- 5278, en bloc. commemorative coins under this section ators and staff—we are trying right during any calendar year with respect to not The amendments (Nos. 5271 through more than 2 commemorative coin programs. now to identify those amendments that 5278), en bloc, are as follows: ‘‘(2) MINTAGE LEVELS.— we can agree to accept. AMENDMENT NO. 5271 ‘‘(A) IN GENERAL.—Except as provided in We also are trying to identify those Insert at the appropriate place in the bill: subparagraph (B), in carrying out any com- amendments where we are going to (a) REDUCTION IN FACILITIES ENERGY COSTS. memorative coin program, the Secretary agree together that we will both oppose (1) IN GENERAL.—The head of each agency shall mint— or move to table. Senators need to be for which funds are made available under ‘‘(i) not more than 750,000 clad half-dollar alerted to that, that there will be this Act shall— coins; amendments offered on both sides of (A) take all actions necessary to achieve ‘‘(ii) not more than 500,000 silver one-dollar during fiscal year 1998 a 5 percent reduction, coins; and the aisle—Democrats will offer amend- from fiscal year 1996 levels, in the energy ‘‘(iii) not more than 100,000 gold five-dollar ments that I may move to table; and, costs of the facilities used by the agency; or or ten-dollar coins. likewise, Republicans may offer (B) enter into a sufficient number of en- ‘‘(B) EXCEPTION.—If the Secretary deter- amendments that Senator SHELBY ergy savings performance contracts with pri- mines, based on independent, market-based S10358 CONGRESSIONAL RECORD — SENATE September 12, 1996 research conducted by a designated recipient year of the organization for which the audit surcharge imposed on the sale of any numis- organization of a commemorative coin pro- is conducted; and matic item.’’. gram, that the mintage levels described in ‘‘(iii) whether all expenditures by the des- (3) SCOPE OF APPLICATION.—The amend- subparagraph (A) are not adequate to meet ignated recipient organization during the fis- ments made by this section shall apply with public demand for that commemorative coin, cal year of the organization for which the respect to the proceeds of any surcharge im- the Secretary may waive one or more of the audit is conducted from the proceeds of such posed on the sale of any numismatic item requirements of subparagraph (A) with re- surcharges were for authorized purposes. that are deposited in the Numismatic Public spect to that commemorative coin program. ‘‘(C) RESPONSIBILITY OF ORGANIZATION TO Enterprise Fund after the date of the enact- ‘‘(C) DESIGNATED RECIPIENT ORGANIZATION ACCOUNT FOR EXPENDITURES OF SURCHARGES.— ment of this Act. DEFINED.—For purposes of this paragraph, Each designated recipient organization that (4) REPEAL OF EXISTING RECIPIENT REPORT the term ‘designated recipient organization’ receives any payment from the fund of any REQUIREMENT.—Section 302 of Public Law means any organization designated, under amount derived from the proceeds of any 103–186 (31 U.S.C. 5112 note) is repealed. any provision of law, as the recipient of any surcharge imposed on the sale of any numis- (c) QUARTERLY FINANCIAL REPORTS.—Sec- surcharge imposed on the sale of any numismatic item shall take appropriate steps, as a tion 5134 of title 31, United States Code, is matic item.’’. condition for receiving any such payment, to amended by adding at the end the following (b) RECOVERY OF MINT EXPENSES REQUIRED ensure that the receipt of the payment and new subsection: the expenditure of the proceeds of such sur- BEFORE PAYMENT OF SURCHARGES TO ANY RE- ‘‘(g) QUARTERLY FINANCIAL REPORTS.— charge by the organization in each fiscal CIPIENT ORGANIZATION.— ‘‘(1) IN GENERAL.—Not later than the 30th year of the organization can be accounted for (1) CLARIFICATION OF LAW RELATING TO DE- day of each month following each calendar separately from all other revenues and ex- POSIT OF SURCHARGES IN THE NUMISMATIC PUB- quarter through and including the final pe- penditures of the organization. LIC ENTERPRISE FUND.—Section 5134(c)(2) of riod of sales with respect to any commemo- ‘‘(D) SUBMISSION OF AUDIT REPORT.—Not title 31, United States Code, is amended by rative coin program authorized on or after later than 90 days after the end of any fiscal inserting ‘‘, including amounts attributable the date of enactment of the Treasury, Post- year of a designated recipient organization to any surcharge imposed with respect to the al Service, and General Government Appro- for which an audit is required under subpara- sale of any numismatic item’’ before the pe- priations Act, 1997, the Mint shall submit to graph (A), the organization shall— riod. the Congress a quarterly financial report in ‘‘(i) submit a copy of the report to the Sec- (2) CONDITIONS ON PAYMENT OF SURCHARGES accordance with this subsection. retary of the Treasury; and TO RECIPIENT ORGANIZATIONS.—Section 5134 of ‘‘(2) REQUIREMENTS.—Each report submit- ‘‘(ii) make a copy of the report available to title 31, United States Code, is amended by ted under paragraph (1) shall include, with the public. adding at the end the following new sub- respect to the calendar quarter at issue— ‘‘(E) USE OF SURCHARGES FOR AUDITS.—Any section: designated recipient organization that re- ‘‘(A) a detailed financial statement, pre- ‘‘(f) CONDITIONS ON PAYMENT OF SUR- ceives any payment from the fund of any pared in accordance with generally accepted CHARGES TO RECIPIENT ORGANIZATIONS.— amount derived from the proceeds of any accounting principles, that includes finan- ‘‘(1) PAYMENT OF SURCHARGES.—Notwith- surcharge imposed on the sale of any numis- cial information specific to that quarter, as standing any other provision of law, no matic item may use the amount received to well as cumulative financial information re- amount derived from the proceeds of any pay the cost of an audit required under sub- lating to the entire program; surcharge imposed on the sale of any numis- paragraph (A). ‘‘(B) a detailed accounting of— matic item shall be paid from the fund to ‘‘(F) WAIVER OF PARAGRAPH.—The Sec- ‘‘(i) all costs relating to marketing efforts; any designated recipient organization un- retary of the Treasury may waive the appli- ‘‘(ii) all funds projected for marketing use; less— cation of any subparagraph of this paragraph ‘‘(iii) all costs for employee travel relating ‘‘(A) all numismatic operation and pro- to any designated recipient organization for to the promotion of commemorative coin gram costs allocable to the program under any fiscal year after taking into account the programs; which such numismatic item is produced and amount of surcharges that such organization ‘‘(iv) all numismatic items minted, sold, sold have been recovered; and received or expended during such year. not sold, and rejected during the production ‘‘(B) the designated recipient organization ‘‘(G) NONAPPLICABILITY TO FEDERAL ENTI- process; and submits an audited financial statement that TIES.—This paragraph shall not apply to any ‘‘(v) the costs of melting down all rejected demonstrates to the satisfaction of the Sec- Federal agency or department or any inde- and unsold products; retary of the Treasury that, with respect to pendent establishment in the executive ‘‘(C) adequate market-based research for all projects or purposes for which the pro- branch that receives any payment from the all commemorative coin programs; and ceeds of such surcharge may be used, the or- fund of any amount derived from the pro- ‘‘(D) a description of the efforts of the Mint ganization has raised funds from private ceeds of any surcharge imposed on the sale of in keeping the sale price of numismatic sources for such projects and purposes in an any numismatic item. items as low as practicable.’’. amount that is equal to or greater than the ‘‘(H) AVAILABILITY OF BOOKS AND (d) CITIZENS COMMEMORATIVE COIN ADVI- maximum amount the organization may re- RECORDS.—An organization that receives any SORY COMMITTEE.— ceive from the proceeds of such surcharge. payment from the fund of any amount de- (1) FIXED TERMS FOR MEMBERS.—Section ‘‘(2) ANNUAL AUDITS.— rived from the proceeds of any surcharge im- 5135(a)(4) of title 31, United States Code, is ‘‘(A) ANNUAL AUDITS OF RECIPIENTS RE- posed on the sale of any numismatic item amended to read as follows: QUIRED.—Each designated recipient organiza- shall provide, as a condition for receiving ‘‘(4) TERMS.—Each member appointed tion that receives any payment from the any such payment, to the Inspector General under clause (i) or (iii) of paragraph (3)(A) fund of any amount derived from the proof the Department of the Treasury or the shall be appointed for a term of 4 years.’’. ceeds of any surcharge imposed on the sale of Comptroller General of the United States, (2) CHAIRPERSON.—Section 5135(a) of title any numismatic item shall provide, as a con- upon the request of such Inspector General 31, United States Code, is amended by adding dition for receiving any such amount, for an or the Comptroller General, all books, at the end the following new paragraph: annual audit, in accordance with generally records, and work papers belonging to or ‘‘(7) CHAIRPERSON.— accepted government auditing standards by used by the organization, or by any inde- ‘‘(A) IN GENERAL.—Subject to subparagraph an independent public accountant selected pendent public accountant who audited the (B), the Chairperson of the Advisory Com- by the organization, of all such payments to organization in accordance with subpara- mittee shall be elected by the members of the organization beginning in the first fiscal graph (A), which may relate to the receipt or the Advisory Committee from among such year of the organization in which any such expenditure of any such amount by the orga- members. amount is received and continuing until all nization. ‘‘(B) EXCEPTION.—The member appointed amounts received by such organization from ‘‘(3) USE OF AGENTS OR ATTORNEYS TO INFLU- pursuant to paragraph (3)(A)(ii) (or the alter- the fund with respect to such surcharges are ENCE COMMEMORATIVE COIN LEGISLATION.—No nate to that member) may not serve as the fully expended or placed in trust. portion of any payment from the fund to any Chairperson of the Advisory Committee, be- ‘‘(B) MINIMUM REQUIREMENTS FOR ANNUAL designated recipient organization of any ginning on June 1, 1999.’’. AUDITS.—At a minimum, each audit of a des- amount derived from the proceeds of any (e) EFFECTIVE DATE.—This section and the ignated recipient organization pursuant to surcharge imposed on the sale of any numis- amendments made by this section shall take subparagraph (A) shall report— matic item may be used, directly or indi- effect on the date of enactment of this Act. ‘‘(i) the amount of payments received by rectly, by the organization to compensate SEC. 5ll. MINT MANAGERIAL STAFFING RE- the designated recipient organization from any agent or attorney for services rendered FORM. the fund during the fiscal year of the organi- to support or influence in any way legisla- Section 5131 of title 31, United States Code, zation for which the audit is conducted that tive action of the Congress relating to such is amended— are derived from the proceeds of any sur- numismatic item. (1) by striking subsection (c); and charge imposed on the sale of any numis- ‘‘(4) DESIGNATED RECIPIENT ORGANIZATION (2) by redesignating subsection (d) as sub- matic item; DEFINED.—For purposes of this subsection, section (c). ‘‘(ii) the amount expended by the des- the term ‘designated recipient organization’ ignated recipient organization from the pro- means any organization designated, under Mr. D’AMATO. Mr. President, this ceeds of such surcharges during the fiscal any provision of law, as the recipient of any amendment will begin the necessary September 12, 1996 CONGRESSIONAL RECORD — SENATE S10359 reform of the commemorative coin pro- keep the total number of yearly pro- included in the audit shall be the amount of grams authorized by Congress and car- grams at a manageable level for the payments received, expenditures from the ried out by the U.S. Mint. The amend- Mint. Fulfillment of these goals will proceeds, and verification that expenditures were for authorized purposes. ment, supported fully by the Mint, in- not only protect the American tax- Subsection (f)(2)(C) requires an accounting cludes many programs of H.R. 2614 payer, but will ensure the preservation of surcharge monies separate from all other passed by the House as well as rec- and success of future commemorative revenues and expenditures of the recipient ommendations for reform from the coin programs produced by the U.S. organization. Subsection (f)(2)(D) calls for GAO. The amendment is a comprehen- Mint. the submission of the annual audit no later sive substitute that enjoys widespread Mr. President, I ask unanimous con- than 90 days after the end of any fiscal year support. sent that a summary of the amend- of the recipient organization. This report shall be submitted to the Secretary of the ment be printed in the RECORD. Commemorative coins are collect- Treasury and made available to the public. ibles. The coins issued for each pro- Mr. President, I thank my good Subsection (f)(2)(E) allows the recipient or- gram satisfy a number of objectives. friend and colleague, Senator SHELBY, ganization to pay the cost of the audit with First, they raise awareness. Coin for his work in this area. As a member surcharge funds. Subsection (f)(2)(F) allows themes are meant to recognize signifi- of the Banking Committee he is keenly the Secretary of the Treasury to waive the cant national, and sometimes inter- aware of the necessity for these re- annual audit requirements, and Subsection national, events, heroes and heroines, forms. (f)(2)(G) states that Federal entities are ex- There being no objection, the mate- empt from this paragraph. and historic sites vital to our Amer- Subsection (f)(2)(H) requires recipient or- ican experience. They are expressions rial was ordered to be printed in the ganizations to provide, at the request of the of our tremendous pride in all that RECORD, as follows: Treasury Department’s Inspector General or molded this great country. SECTION-BY-SECTION ANALYSIS the Comptroller General of the United Second, they allow the Treasury a Section 1. Contains a technical correction States, books, records and workpapers relat- means of decreasing the national defi- to a previous amendment to H.R. 3756 con- ing to receipts and/or expenditures of sur- cit through profitable programs. cerning exclusive use of the Mint facility at charge monies. Third, the sale of these coins enables West Point to produce all gold and all plati- Subsection (f)(3) prohibits surcharge monies from being used, in any form or fashion, worthy causes to raise money. For ex- num numismatic items and bullion products. Section 2. Commemorative Coin Program to attempt to influence or support Congres- ample, the restoration of our Nation’s Reform. Section (a) addresses commemora- sional numismatic legislative action. Sub- Capitol, the construction of memorials tive coin program restrictions. Section section (f)(4) defines designated recipient or- to our fallen heroes, and equally impor- ‘‘(m)’’ to be added to Section 5112 of title 31, ganizations as ‘‘the recipient of any sur- tant for upkeep and maintenance of USC, requires that the Secretary of the charge imposed on the sale of any numis- great homes such as Mount Vernon and Treasury may mint and issue no more than matic item.’’ the White House, and even the notable two commemorative coin programs per cal- Section (b)(3) applies to the scope of the endar year beginning on January 1, 1999. It amendment which will involve all proceeds open-air home to four of our most pres- of any surcharge imposed on the sale of any tigious Presidents, Mount Rushmore also sets guidelines of maximum mintage levels for each denomination of numismatic numismatic item that are deposited in the have been funded through commemora- product as prescribed by the Citizens Com- Numismatic Public Enterprise Fund after tive coin programs. memorative Coin Advisory Committee. This the date of the enactment of this Act. Section (b)(4) repeals the existing recipient As wonderful as these programs section includes an exception for the Sec- report requirement as mandated by Section seem, serious problems exists—as un- retary to increase the mintage levels as he 302 of Public Law 103–186 (31 U.S.C. 5112 determines appropriate from results of ade- derscored by the recent General Ac- note). counting Office report I requested last quate, market based research. Section (c) amends section 5134 of title 31, year. The commemorative coin market Subsection (c) defines designated recipient USC, by adding the new section ‘‘(g) Quar- has been flooded with far too many organization. terly Financial Reports.’’ Subsection (g)(1) Section (b)(1) addresses the recovery of coins. Overzealous programs trying to requires that the U.S. Mint shall provide a mint expenses required before payment of quarterly financial report to Congress for all generate as many products as possible surcharges to any recipient organization. only reduce the value of coins for col- authorized commemorative coin programs to Section 5134(C)(2) of title 31, USC is amended be due no later than the 15th day of the lecting. When mintage levels go by inserting ‘‘, including amounts attrib- month following each calendar quarter. through the roof, the value of these utable to any surcharge imposed with re- Subsection (g)(2) outlines the minimal re- commemorative coins drops consider- spect to the sale of any numismatic item’’ quirements of these quarterly reports. Sub- ably. before the period. section (g)(2)(A) calls for a financial state- More importantly and much to my Section (b)(2) amends Section 5134(C) of ment prepared in accordance with generally title 31, USC by adding subsection (f), Condi- accepted accounting principles with informa- dismay, taxpayers end up carrying the tions of payment of surcharges to recipient burden of coin programs that are not tion specific to action for each quarter as organizations. Subsection (f)(1) states no well as cumulative financial information re- received well by the collectors. And amount of any surcharge imposed shall be lating to the entire program. while the sponsoring organizations paid from the fund to the recipient organiza- Subsection (g)(2)(B) states further require- may satisfy its goal of raising funds, tion unless the program costs have been re- ments for all quarterly reports such as all the U.S. Mint incurs a loss which is covered. Subsection (f)(1)(B) requires submis- costs relating to marketing efforts, all funds passed on to the taxpayers. sion of an audited financial statement, which projected for marketing use, all costs for em- The amendment I am offering has demonstrates to the satisfaction of the Sec- ployee travel relating to the promotion of retary of the Treasury that the organization been crafted to augment the valuable the programs, all numismatic items minted, has raised funds from private sources in an sold, not sold, and rejected during the pro- work on commemorative coin program amount equal to or greater than the maxi- duction process, and the costs of melting reforms sponsored by Representative mum amount of surcharges that organiza- down all rejected and unsold products. MICHAEL CASTLE, chairman of the Sub- tion may receive from the sale of numis- Subsection (g)(2)(B) requires the Mint to committee on Domestic and Inter- matic items. include information showing adequate mar- national Monetary Policy of the Com- Subsection (f)(2) requires annual audits be- ket-based research for all non-circulating mittee on Banking and Financial Serv- ginning after the commencement of the sur- commemorative coin programs. Subsection charge payments. Subsection (f)(2)(A) re- (g)(2)(D) requires a description of the efforts ices. Congressman CASTLE’s bill, H.R. quires these audits to begin with the first of the Mint doing what it can to keep the 2614, which was supported overwhelm- fiscal year in which the payments are re- price of numismatic items as low as prac- ingly in the House, serves as a clear ceived. The audit shall be in accordance with ticable. foundation for the reforms embodied in generally accepted government auditing Section (d), the Citizens Commemorative this bill. I commend him on his guid- standards and performed by an independent Coin Advisory Committee amends Section ance and perseverance as it relates to public accountant selected by the entity. 5135(a)(4) of title 31, USC, to shorten the this issue. The annual audits shall be conducted until length of service for members appointed to Mr. President, the reforms contained the surcharges are fully expended. Each the Citizens Commemorative Coin Advisory in this amendment will accomplish audit shall report the amount of surcharges Committee (CCCAC) to a term of 4 years and received, the amount of surcharges expended, Subsection (d)(2)(A) allows for the Chair- three major goals: Protect the tax- and whether the expenditures were for au- person of the CCCAC to be elected by and payer from losses incurred by the Mint, thorized purposes. from the Committee members by amending keep the number of coins in the market Subsection (f)(2)(B) sets minimum require- Section 5135(a)(6). Subsection (d)(2)(B) fur- at a collectible level for collectors, and ments for the annual audits. Required to be ther states that the representative of the S10360 CONGRESSIONAL RECORD — SENATE September 12, 1996 Mint, or the alternate to that member, ap- from the Grand Forks Air Force Base AMENDMENT NO. 5276 pointed to serve in the CCCAC may not serve in North Dakota to Indian reservations (Purpose: To provide funding for the acquisi- as Chairperson effective June 1, 1999. in North and South Dakota. I am tion, lease, construction, and equipment of Section (e) defines the effective date of all pleased to be joined in this effort by certain flexiplace work telecommuting sections in this amendment to take effect on centers) the date of enactment of this Act. Senators CONRAD, DASCHLE, and PRES- Section 5, the Mint Managerial Staffing SLER. On page 49, line 18, insert before the colon ‘‘: Provided, That of such amount provided Reform provision, no longer requires a presi- As a result of the realignment of the dential appointment of the following posi- for non-prospectus construction projects tions at each Mint facility: superintendent, 321st Missile Group at the Grand Forks $250,000 may be available until expended for assayer and engraver at the Philadelphia Air Force Base, housing needs were re- the acquisition, lease, construction, and Mint. duced and 486 existing homes were de- equipping of flexiplace work telecommuting centers in the State of West Virginia’’. AMENDMENT NO. 5274 clared excess property by the Depart- (Purpose: To provide for the continuation of ment of Defense. The Department of Mr. BYRD. Mr. President, the amend- the term of a member of the Morris K. Interior requested these housing units ment I am offering would make avail- Udall Scholarship Board after the mem- with the intent of transferring them able an amount of $250,000 out of non- ber’s term has expired until a successor is through its Bureau of Indian Affairs to prospectus construction projects, for chosen) certain reservations in North and the establishment of a flexiplace work At the appropriate place, insert the follow- South Dakota under Operation Walk- telecommuting center in West Vir- ing new section: ing Shield. When the first house was on ginia. SEC. . Section 5(c)(1) of Public Law 102–259 a truck bed and ready to be transferred Mr. President, both Jefferson and (20 U.S.C. 5603(c)(1)) is amended— (1) in subparagraph (A)(iii), by striking from the Grand Forks Air Force Base Berkeley Counties of West Virginia are ‘‘and’’ after the semicolon; to the Oglala Sioux Reservation in now considered to be part of the Wash- (2) in subparagraph (B), by striking the pe- Pine Ridge, SD, it hit a road block. At ington Metropolitan Statistical Area. I riod and inserting ‘‘; and’’; and the last minute, we were informed that am advised that officials of the Jeffer- (3) by adding after subparagraph (B) the the Bureau of Indian Affairs had no au- son County Development Authority following: thority to transfer title to these homes have been working with the staff of the ‘‘(C) a Trustee may serve after the expiration of the Trustee’s term until a successor directly to the Indian tribes. My General Services Administration to de- has been chosen.’’. amendment is intended to resolve this velop a telecommuting center in the problem. Charles Town area. The purpose of the Mr. MCCAIN. Mr. President, this center is to establish a job site that amendment is very simple. It ensures As I am sure my colleagues are could easily be linked through com- that trustees of the Morris K. Udall aware, the housing conditions faced by puter and telecommunication tech- Scholarship and Excellence in National many native American communities nologies to federal agencies in the Environmental Policy Foundation be are shocking. A recent Urban Institute central Washington, DC area, thus di- able to serve after the expiration of study revealed that approximately 27 minishing commuting time and helping their term until a successor is chosen. percent of all Indian households reside to alleviate severe traffic congestion. Under the act which established the in substandard dwellings that are over- The parties negotiated in good faith Morris K. Udall scholarships and foun- crowded and/or lack kitchen or plumb- and were under the impression that dation, trustees are nominated by the ing facilities, electricity, and/or funds were available for the establish- President and confirmed by the U.S. central heating. ment of the center. Unfortunately, the Senate. We all know that the nomina- In August, I had the opportunity to tion and confirmation process can be funds to establish such telecommuting view the housing conditions on the centers are only available to establish time consuming, and the work is not Standing Rock Sioux and Fort always completed in time for an effi- such centers in Maryland and Virginia. Berthold reservations in North Dakota. cient transition between new trustees The purpose of this amendment is to What I saw was deplorable. Many and those whose term has expired. The make an amount of $250,000 available homes fail to meet even basic safety resulting vacancies are disruptive to for the establishment of a telecommut- and health standards. They lack roofs, the organization and do not serve the ing center in the Charles Town area. windows, plumbing, and they smell of purposes for which Congress created The amendment would not diminish gas. And many Indian families have to the foundation. the funds already available for centers wait for years for critical home repairs. The Goldwater Foundation, also in Maryland and Virginia. Rather, the It is truly a national disgrace. chartered by Congress, has an identical funds would be derived from monies set provision as this amendment, and the The Senators from North and South aside in the bill for non-prospectus con- modification is worthy of the Senate’s Dakota were most hopeful that some of struction projects, that is, projects approval. the critical housing shortages on the costing less than $1.5 million, including such minor projects as periodic paint- AMENDMENT NO. 5275 reservations in our respective States ing and repair of mechanical, elec- (Purpose: To allow the Department of Inte- could be addressed with the transfer of rior, through the Bureau of Indian Affairs, this excess DOD housing to the tribes. trical, and other building components. to transfer directly to Indian tribes in In order to ensure that these des- In summary, the amendment I am North and South Dakota portable housing perately needed homes can be trans- proposing would allow for the estab- units at the Grand Forks Air Force Base ferred, we must first pass this amend- lishment of a flexiplace work tele- which have been declared excess by the De- ment. commuting center in Jefferson County, partment of Defense and requested for West Virginia, which is now considered The Department of Interior and the transfer by the Department of Interior) by the Department of Labor to be part General Services Administration as At the appropriate place in the bill, add of the Washington Metropolitan Statis- well as the Governmental Affairs and the following: tical Area. Notwithstanding any other provision of Indian Affairs Committees have re- law, the Secretary of the Interior, through viewed and cleared this narrowly tar- AMENDMENT NO. 5277 the Bureau of Indian Affairs, may directly geted amendment, and I want to thank On page 55, line 11 after ‘‘Missouri’’ insert: transfer to Indian tribes in North and South everyone involved for their efforts in ‘‘: Provided further, That $1,450,000 may be Dakota portable housing units at the Grand helping to resolve this problem. available for the renovation of the Pioneer Forks Air Force base in North Dakota which Courthouse located at 520 SW Morrison in have been declared excess by the Department With adoption of the amendment, we Portland, Oregon’’. of Defense and requested for transfer by the have an opportunity to prevent Gov- Department of the Interior. ernment waste and stretch Federal re- AMENDMENT NO. 5278 Mr. DORGAN. Mr. President, I am of- sources to meet the urgent and real (Purpose: To express the sense of the Senate fering this amendment to resolve a bu- housing needs of Indian families. In in support of new border station construc- reaucratic nightmare which has arisen short, this amendment represents an tion in Laredo, Texas) in conjunction with the transfer of ex- example of how Government should At the appropriate place, insert the follow- cess Department of Defense property work, and I urge its adoption. ing: September 12, 1996 CONGRESSIONAL RECORD — SENATE S10361 SEC. . SENSE OF THE SENATE IN SUPPORT OF Mr. KERRY. Mr. President, I ask toward making it easier to track the NEW BORDER STATION CONSTRUC- unanimous consent that the order for origin of explosives that are used by TION IN LAREDO, TEXAS. (a) The Senate finds that: the quorum call be rescinded. terrorists and other criminals when we (1) In 1995, over one-third (35%) of all U.S. The PRESIDING OFFICER. Without passed the antiterrorism bill. That leg- exports to Mexico were processed through objection, it is so ordered. islation, which was signed by the Presi- the Port of Laredo; The Senator from Massachusetts. dent in April, directed the Secretary of (2) Nearly two-thirds of all U.S. exports to Mr. KERRY. Mr. President, I under- the Treasury to study the feasibility of Mexico that went through a south Texas port stand the pending business is the tagging explosives for the purposes of of entry went through the Port of Laredo in amendment of the Senator from the detection and identification. We passed 1995; State of Oregon. Is that correct? (3) The value of imports processed through the provision asking for a study that the Port of Laredo in 1995 exceeded $15 bil- Mr. KERREY. Kansas. would identify how we can possibly put lion, and the value of all exports was $14.7 Mr. SHELBY. Kansas. taggants into explosives so that if billion for that year; The PRESIDING OFFICER. The there is—— (4) The number of loaded, cross-border pending business is the Kassebaum Mr. SHELBY. Will the distinguished shipments, both northbound and southbound, amendment. Senator from Massachusetts yield for through the Port of Laredo is projected to Mr. KERRY. I move that the pending an inquiry as to a possible time agree- double from 1995 to the year 2000, from 851,745 business be temporarily laid aside. ment? shipments to 1,703,490; The PRESIDING OFFICER. Is there Mr. KERRY. Mr. President, I am de- (5) The City of Laredo received on October objection? The Chair hears none, and it 3, 1994 a Presidential Permit from the U.S. lighted to yield. State Department to construct a third is so ordered. Mr. SHELBY. What about an hour bridge in the city, and in February 1996 the AMENDMENT NO. 5279 equally divided? U.S. Coast Guard issued a permit for the (Purpose: To make funds available for a Mr. KERRY. I want to inquire of my bridge’s construction; study of tagging explosive materials, and colleagues for a moment. I know the (6) Financing of the new bridge has been for other purposes) Senator from California wants to secured from both sponsors, the cities of La- Mr. KERRY. Mr. President, I send an speak, and I want to see who else redo and Nuevo Laredo, and in February 1997 amendment to the desk, and I ask for might like to speak. I know Senator the City of Nuevo Laredo is scheduled to its immediate consideration. begin construction of an access road con- KENNEDY may. necting the bridge with the loop around The PRESIDING OFFICER. The If the Senator will allow me, I will Nuevo Laredo; clerk will report the amendment. continue my opening comments. (7) U.S. Customs revenue generated at the The bill clerk read as follows: Mr. SHELBY. Sure. We will come Port of Laredo totaled $216 million in 1995, The Senator from Massachusetts [Mr. back to it. an increase of $13 million from the previous KERRY], for himself, Mrs. FEINSTEIN, and Mr. Mr. KERRY. I will be happy to enter year, while the U.S. Government’s estimated KENNEDY, proposes an amendment numbered into an agreement if we can determine cost for operating border station facilities in 5279. who wishes to speak. Laredo is $10 million, so that the Port gen- Mr. KERRY. Mr. President, I ask Mr. SHELBY. I thank the Senator for erated over $200 million for the U.S. Treas- unanimous consent that reading of the ury in 1995; and yielding. (8) The new bridge will greatly enhance amendment be dispensed with. Mr. KERRY. We will touch base with safety in the downtown area because it will The PRESIDING OFFICER. Without a couple of offices and ascertain their allow the diversion of commercial traffic objection, it is so ordered. intentions. from the two existing downtown bridges to The amendment is as follows: Mr. President, again, I want to em- the new bridge, since the two downtown On page 14, line 6, strike ‘‘$395,597,000’’ and phasize that we passed and the Presi- bridges will be strictly passenger bridges, insert ‘‘$416,897,000, of which $21,300,000, to re- dent signed legislation that begins to with the new bridge and the Colombia Bridge main available until expended, shall be deal with this question of taggants and (22 miles from Laredo) devoted to commer- available to conduct the study under section the feasibility of using taggants as a cial traffic. 732(a) of Public Law 104–132 (relating to (b) It is the sense of the Senate that: marking, rendering inert, and licensing of means of tracking explosives in the (1) The construction of a third bridge in explosive materials) and to conduct a study aftermath of a bombing. Laredo is vitally needed to accommodate in- of threats to law enforcement officers from As I think most of our colleagues creased trade with Mexico and to relieve the criminal use of firearms and ammuni- know, a taggant is a plastic tracing de- traffic congestion, road damage, and pollution; and’’. vice—or metal—which can be placed in tion in downtown Laredo caused by commer- On page 22, line 14, strike $4,085,355,000’’ the explosive material and, after an ex- cial traffic; and and insert ‘‘$4,064,055,000’’. plosion, these taggants can actually be (2) The Administrator of the General Serv- On page 25, between lines 21 and 22, insert: scooped up either by magnetic or other ices Administration should accelerate the SEC. . (a) Section 732(a)(2) of the timetable for design and construction of a Antiterrorism and Effective Death Penalty means so that you can gain enough of border station for the new Laredo bridge to Act of 1996 (Public Law 104–132) is hereby re- them to be able to determine from the ensure that the bridge can be opened to pealed. taggant code precisely where it was international traffic as soon as possible. (b) It is the sense of the Senate that the sold, when it was sold, and where it was Mr. KERREY. Mr. President, we have $21,300,000 reduction in funds available for manufactured, and begin to be able to reviewed these amendments, and we tax law enforcement to fund the explosive track the person who committed the concur. They are all worthy amend- materials and law enforcement officers safe- crime. ty study be achieved as follows: ments and we support their adoption. (1) $9,700,000 from the delay required by There are millions of different codes The PRESIDING OFFICER. Under this Act in implementing field restructuring that are capable of being created, so the previous order, the amendments of the Internal Revenue Service. you have this enormous ability to be are agreed to. (2) $11,600,000 from administrative and able to determine when and where a The amendments (Nos. 5271 through other savings in tax law enforcement activi- particular explosive might have been 5278), en bloc, were agreed to. ties. made. If the study results that we have Mr. SHELBY. Mr. President, I move Mr. KERRY. Mr. President, this is an ordered already are positive, then the to reconsider the vote by which the amendment which attempts to deal Secretary of the Treasury is authorized amendments were agreed to. with a problem that has long been to begin to issue additional regulations Mr. KERREY. I move to lay that mo- identified within the law enforcement that will enable us to use these tion on the table. community and which many within the taggants in explosives manufactured or The motion to lay on the table was law enforcement community feel is an imported into the United States. agreed to. essential ingredient in our ability to be Unfortunately, this provision in the Mr. SHELBY. Mr. President, I sug- able to improve our antiterrorist ac- anti-terrorism bill did not include all gest the absence of a quorum. tivities and our ability to be able to dangerous materials in the study. It The PRESIDING OFFICER. The bring people to prosecution for terror- explicitly excluded black and smoke- clerk will call the roll. ist acts. less powder. One can ask why we chose The bill clerk proceeded to call the Earlier this year, Congress took a to leave out these substances when roll. very important and long overdue step they are used in 90 percent of the pipe S10362 CONGRESSIONAL RECORD — SENATE September 12, 1996 bomb attacks in the United States. I effort to try to rebuild the airplane it- efits are obvious. The ability to track regret we did not include these. self, recouped from the floor of the the origin of explosive materials is an I think the public has been, all too ocean, and that makes it even more invaluable tool for criminal investiga- often, denied, for various reasons, its difficult. But if investigators do deter- tions, and I hope my colleagues will ability to try to maximize law enforce- mine that a bomb triggered the crash join me in adding black and smokeless ment’s ability to move forward. I am of TWA 800, they will then have an powder to the study and providing the not suggesting that we ought to do even more difficult investigation to necessary funding. anything that says we are going to ab- find the bomber. This time the problem It seems to me, despite any group’s solutely mandate the use of taggants, is exponentially more difficult because opposition for reasons that they under- but we would like to have the study to the wreckage is under water. But it stand but which, frankly, do not bear at least analyze whether or not adding does not take a forensic scientist to up to scrutiny when measured against taggants to black and smokeless pow- understand that a mechanism to deter- where most people in this Senate or der will provide us the ability to fight mine the origin of explosive material Congress are prepared to go, we ought terrorism and safely—and I emphasize would be a tremendous value in this ex- not delay further this analysis. ‘‘safely’’—deal with the problem of plosion, too. So I hope that colleagues will join black and smokeless powder in bombs. This investigation has already indi- with Senator FEINSTEIN, Senator KEN- All we are asking for is a study. Let cated evidence of holes blown through NEDY, myself, and others in an effort to us study whether or not that can be the back of seats that show the direc- provide law enforcement with the tools done in a safe way. Why anyone would tion of that explosion. But they do not that they need to combat terrorism want to object to law enforcement have taggants. They do not have the and to track down those cowardly indi- being able to study something that ability to quickly draw a conclusion of viduals who see bombs as a way to they say they definitely want and need, its type or origin or, even yet, whether achieve their misguided goals. and that they know works, is beyond that came from a bomb. Mrs. FEINSTEIN addressed the me. My hope is that we will not have Attacks of the magnitude of Pan Am Chair. objection to it, that we will be able to 103 obviously cause devastating im- The PRESIDING OFFICER (Mr. proceed forward with the Congress pact. They grab our attention. So did CAMPBELL). The Senator from Califor- unanimously saying: In the United the TWA flight. But attacks using pipe nia, Mrs. FEINSTEIN, is recognized. States of America, common sense will bombs are actually a much more com- Mrs. FEINSTEIN. I thank the Chair. rule. It is appropriate to have a study, mon experience in the United States, Mr. President, I commend the Senator an analysis independently done, of and these devices also cause death and from Massachusetts for what was a whether or not it is safe to have destruction. This was demonstrated all strong, accurate and, I think, eloquent taggants in black and smokeless pow- too vividly in July when just such a statement, something that has become der. bomb exploded at the Olympic Centen- very controversial and really should I have heard opponents suggest that nial Park, causing two deaths and not be controversial. taggants might not be safe because spreading terror through an event that Mr. KERRY. Mr. President, can I ask they might destabilize the powder. I was supposed to celebrate the triumph my colleague to yield for a moment? personally believe this is a red herring. of the peaceful human spirit. The manager asked if we were able to Taggants have been used in black pow- Unfortunately, the Olympic bombing enter into a time agreement. I know he der previously without a stability prob- was not an isolated incident. From 1990 wants to do that. How much time does lem. But that is the purpose of the through 1994, there were 4,095 pipe my colleague expect to consume? study. If, in fact, it is unsafe, let the bomb attacks in the United States. Let Mrs. FEINSTEIN. Give me 10 min- study come back and tell us it is un- me repeat that. From 1990 through 1994, utes, maybe a little more. Mr. KERRY. Mr. President, can we safe. The purpose of the study is to de- there were 4,095 pipe bomb attacks in suggest an hour equally divided? termine the safety, the feasibility, and our country. These bombs killed 44 peo- Mr. SHELBY. Mr. President, I ask the effectiveness of adding the ple, injured 384, and they caused prop- unanimous consent that there be 1 taggants. erty damage of almost $10 million. In hour of debate, equally divided in the Why should we do this? I was a pros- 1994 alone, there were 862 incidents. Of usual form, on the Kerry amendment ecutor, and I gained great respect for these, 86 percent used smokeless and pending a motion to table. I further the forensic laboratory during that ex- black powder. ask that no second-degree amendment perience. Today, it is even more ex- Taggants have already proved to be a be in order prior to the motion to traordinary what forensic experts are useful tool for law enforcement. The table, and no vote occur before the able to tell us about the things which Bureau of Alcohol, Tobacco, and Fire- hour of 2:15 p.m. just escape the naked eye or which es- arms conducted a pilot project in the The PRESIDING OFFICER. Is there cape all of us who are not experts. But late 1970’s. They added taggants to dy- objection? the experts tell us they want this tech- namite and other blasting-cap-sen- Mr. KERRY. Mr. President, reserving nology to enable them to determine sitive explosives. In 1979, Nathan Allen, the right to object. I inquire, can we the origin of explosives and to help of Baltimore, was killed by a bomb have an up-or-down vote? them work their way back to the per- hooked to his car ignition. The subse- Mr. SHELBY. It is going to be a mo- petrator of a bombing. quent investigation found that the ex- tion to table. When Pam Am 103 crashed over plosive used in that bomb contained Mr. KERRY. I heard that, which is Lockerbie, Scotland, in 1989, the au- taggants. The investigators identified why, Mr. President, I was wondering thorities determined almost imme- the specific batch from which the ex- whether we could have an up-or-down diately that the cause was a bomb, but plosives came. The police then used the vote. it took them a year to find the tiny sales records to track down and convict Mr. SHELBY. We would, over here, clue that led to the Libyan suspects. If Mr. Allen’s killer. rather have a motion to table. That is the explosives in that bomb had been That should have become a routine what we talked about. marked with taggants, the source of investigative practice, post-1979, but 17 Mrs. FEINSTEIN. Reserving the the material would have been imme- years later, here we are still talking right to object. I think it is really time diately known, and the investigators about it. Here we are, 17 years later, for us to go on record. Senator KERRY would have gained a tremendous ad- and law enforcement, which managed and I participated, as did the distin- vantage. to convict a killer by the use of guished Senator from Idaho sitting in We have recently witnessed again the taggants, is still asking us: Let us have the back of the room, in a special effort horrific spectacle of a massive explo- taggants. where we tried to negotiate something sion in the air of a still as yet undeter- All we are asking today is, let us and were not able to do so. mined source, as a 747 went down. We analyze and study the benefit of adding I think what we hope to do is lay out know there was some kind of explosion taggants to explosives so we can make the case, and I am sure the case in op- of undetermined origin. We have an informed decision. If the study finds position to studying black and smoke- watched the painstaking process of an them to be safe, then it seems the ben- less powder will be laid out. We would September 12, 1996 CONGRESSIONAL RECORD — SENATE S10363 really appreciate an up-or-down vote, I color coded in different codes. When it That, before me, the undersigned author- say to my colleague. is broken down, it looks like the small- ity, on this day personally appeared James Mr. SHELBY. If I may respond, I est little flecks of sand, different col- P. Palmquist, who, after having been duly sworn by me, upon his oath deposed and said have talked to Senator KERREY from ors, so small you can barely see them the following: Nebraska. He is not on the floor. We at all. These are put in the powder. 1. That he is a Senior Attorney with the had agreed earlier to move to table And then depending on the color coding Office of General Counsel, Minnesota Mining this, along with other amendments of the taggant, you can trace where and Manufacturing Company (‘‘3M’’) with of- that came up that we thought we could this was purchased. fices located at Building 220–11E–03, 3M Cen- not fund at this point. With an hour of So it becomes like a fingerprint that ter, St. Paul, MN 55144–1000; debate—if I can just proceed a second— enables somebody to go back to the 2. That he has been employed by 3M since 1963 and has been an attorney within 3M’s Of- if we can agree on this, there will be an source and trace a perpetrator. It is fice of General Counsel from 1973 to present; hour of debate. Of course, everybody not a solution, but it is an aid to law 3. That in such capacity he handled for 3M knows the rules. Once we get recog- enforcement to be able to ferret out a lawsuit filed against 3M involving a July nized, we can move to table and there and arrest, I think, the biggest cowards 25, 1979 explosion at GOEX, specifically the will be no debate. Whereas, we get an of all time—the people who use bombs GOEX manufacturing plant in East Camden, hour on this equally divided. on innocent people. That is why it is Arkansas, which lawsuit alleged, among other things, that 3M’s MICROTAGGANTs The PRESIDING OFFICER. Is there important. which were then being evaluated as possible objection? We have heard a lot about the fact identification taggant materials for explo- Mr. KERRY. Reserving the right to that this information to make pipe sives, was a contaminet in certain booster object. Mr. President, do I understand, bombs is so easily available. Young- materials that were being reworked and that according to the unanimous-consent sters are making these bombs from in- the MICROTAGGANTs contributed or request, the motion to table then formation available on the Internet— caused the GOEX accidental explosion; would be on the Kerry amendment as pipe bombs, 80 percent of all of the 4. That in the course of discovery concerning the allegations made in this lawsuit, submitted? bombings according to one study have records were discovered which identified the Mr. SHELBY. That is right, but no become all too common. exact location at the time of the accidental second degrees. Let me go back to some of the con- explosion of all MICROTAGGANT materials Mr. KERRY. And no second degrees. I cerns. Some of the concerns are safety: which were then being evaluated, which understand, prior to the motion to There was an explosion in 1979 at a records proved that there was no table, no second degrees. firm called GOEX Manufacturing Co. in MICROTAGGANT materials in the booster Mr. SHELBY. Correct, and no vote Arkansas. I have here an affidavit, materials that were being reworked at the before 2:15 p.m., which is an hour. time of the accidental explosion; which I would like to submit for the 5. That further information was discovered Mr. KERRY. I have no objection. RECORD, from a gentleman by the name indicating other reasons for the increased in- The PRESIDING OFFICER. Without of James P. Palmquist, who was the stability of the booster materials which were objection, it is so ordered. senior attorney with the office of the being reworked at the time of the accidental Mr. KERRY. Mr. President, I yield 10 general counsel of 3M, Minnesota Min- explosion; minutes to the Senator from Califor- ing and Manufacturing Co. He handled 6. That based upon such facts it became clear to all involved in the lawsuit that nia. for 3M a lawsuit against 3M involving The PRESIDING OFFICER. The Sen- there was no evidence whatsoever that 3M’s this explosion at GOEX in Arkansas in MICROTAGGANTs could have contributed ator from California [Mrs. FEINSTEIN], 1979. in any way to subject explosion, said lawsuit is recognized for 10 minutes. I want to read three parts of his affi- was dismissed. Mrs. FEINSTEIN. I thank the Chair. davit, and I quote: Further affiant sayeth not. AMES P. PALMQUIST. Mr. President, this amendment, 4. That in the course of discovery concern- J which I strongly support, would repeal ing the allegations made in this lawsuit, Mrs. FEINSTEIN. Additionally, there the prohibition of requiring or even records were discovered which identified the was a study performed by the Aero- studying the use of taggants in black exact location at the time of the accidental space Corp. and contracted out by and smokeless powder. What we are explosion of all MICROTAGGANT materials ATF. This was done about 15 years ago. saying is, let’s take a look, in a com- which were then being evaluated, which And I would like to read from a letter prehensive, well-done, study of using records proved that there was no of Dr. Carl Boyars who is the manager taggants in black and smokeless pow- MICROTAGGANT materials in the booster of the Explosives and Materials Control materials that were being reworked at the der. It provides the funding, $21 mil- time of the accidental explosion; Directorate of the Aerospace Corp. He lion, for the examination of the safety was in charge of this study. And he and the effectiveness of taggants, The point is Taggants were not in the says in a letter to me, dated July 31, which is required before they can be materials that were exploded in 1979, 1996: which is the incident that the National used. The only firearms for which black powder Why do we want black and smokeless Rifle Association most uses to dis- is now used as a propellant explosive are an- credit taggants. powder? Senator KERRY was eloquent. tiques and antique replicas, both commonly Ninety percent of all of the pipe bombs 5. That further information was discovered referred to as ‘‘muzzle loaders’’. Black pow- have black and smokeless powder. indicating other reasons for the increased in- der is sold in cans for use by hobbyists who stability of the booster materials which were reenact battles of prior centuries and carry Therefore, not to be even able to study being reworked at the time of the accidental out similar activities. It is also used, ille- it renders us impotent in ever using explosion; gally, by some makers of pipe bombs because taggants in a meaningful way to trace 6. That based upon such facts it became of its ready availability and ease of ignition. those who practice terrorist incidents. clear to all involved in the lawsuit that Addition of identification taggants in the Why is this important? It is impor- there was no evidence whatsoever that 3M’s final step of black powder manufacture was tant because today—today—the United MICROTAGGANTs could have contributed in easily performed, involved no hazard, and States of America is in the top 20 na- any way to subject explosion, said lawsuit performance of the tagged product in muzzle loading firearms was no different from the tions with the highest level of terror- was dismissed. It is signed by James P. Palmquist. performance of untagged black powder in ism in the world. We have more inci- tests carried out by a muzzle loading fire- dents than Lebanon. It is notarized. arms expert selected by the black powder The Senator has indicated the num- Mr. President, I ask unanimous con- manufacturer. ber of incidents: well over 4,000 now sent that this be printed in the So the black powder manufacturer since 1990. We all know of the RECORD. selected a specific expert, and that ex- Unabomber. We all know a pipe bomb There being no objection, the mate- pert carried out these tests and found was used at the Atlanta Olympics. We rial was ordered to be printed in the no difference between muzzles loaded all have seen what happened in the RECORD, as follows: with tagged black powder and muzzles World Trade Center. We are all deeply AFFIDAVIT loaded with untagged black powder. concerned about TWA Flight 800. State of Minnesota He continues: What is a taggant? A taggant is a County of Ramsey Smokeless powder is also sold in cans for small sandwich-shape microchip. It is Known all men by these presents: use by reloaders. These are individuals who S10364 CONGRESSIONAL RECORD — SENATE September 12, 1996 prefer to load cartridge ammunition by hand The PRESIDING OFFICER. The ab- Mr. KERREY. Mr. President, I have rather than use factory manufactured am- sence of a quorum has been suggested. the amendment now in front of me. I munition in their own firearms. Advantages The clerk will call the roll. did not earlier. The $9.7 million comes cited by reloaders are cost (e.g., in shotgun The assistant legislative clerk pro- from the delay required by the act in ammunition) or greater accuracy because of ceeded to call the roll. implementing field restructuring of the more precise control of the load in each car- Mr. SHELBY. Mr. President, I ask tridge. The smokeless powder intended for Internal Revenue Service. We have not reloaders is also used, illegally, by some unanimous consent that the order for passed that delay yet. That delay was makers of pipe bombs because of its ready the quorum call be rescinded. added as an amendment. It has not availability, ease of ignition, and much high- The PRESIDING OFFICER. Without been enacted yet. er energy content than black powder. objection, it is so ordered. I did receive notification from Sec- Unlike black powder, smokeless powder Mr. SHELBY. Mr. President, I am retary Rubin that he is concerned can come in a wide range of chemical com- concerned at the moment, as one of the about a delay in reorganization. I do positions and physical shapes and sizes, de- managers of the bill, not about the pending on the manufacturer. The individual not know, perhaps they are not going study that the Senator from Massachu- to support it. It was in the IRS rec- particles of smokeless powder may be cylin- setts and the Senator from California drical, flat, or spherical, although all par- ommendations that they wanted to do discussed, because in a lot of ways that ticles within any can of smokeless powder this reorganization. for reloaders will have the same chemical makes a lot of sense. I am concerned To be clear on this, or attempt to be composition and shape. This makes the de- about the offsets—how are we going to clear on this, the reorganization effort velopment of an identification taggant for pay for it? I understand the Senator is itself has not been fully justified to me. smokeless powders a more complex problem. proposing to pay for this study. A reason we put the amendment on, A test program was set up to examine the Because of that, as I indicated, Sen- asking for delay, was for the purpose of feasibility of identification tagging of spher- ator KERREY and I at the appropriate provoking a full justification from the ical smokeless powder. However the manu- time would move to table the amend- standpoint of the mission of the IRS, facturer of the spherical powder biased the ment. Mr. President, this amendment test conditions so greatly that failure was as well as customer service of the IRS. proposes to appropriate $21.3 million guaranteed. We have some problems already with for this study, and it is probably going their 800 numbers and we want to make This is from the definitive person to cost a lot of money to do a proper sure that this reorganization was both who did the study by the Aerospace study of this kind. The offset, Mr. cost justified and was not going to Corp., as contracted by ATF back in President, I remind my colleagues, 1980. would come from reductions in the produce a deterioration in service. The Swiss also took this study, and The second area is one that I must IRS. the Government of Switzerland began Now, the Secretary of the Treasury say, if the administration supports requiring their use—taggants—in all and the Commissioner of the IRS are this, really flies in the face with things commercial explosives. The success has already calling and imploring us to try they have been talking to our commit- been outstanding. In over 10 years, to put some more money in the IRS. tee about every single time they have come up. Mr. President, $11.6 million they have solved 565 crimes based on Senator KERREY and I believe we are taggants. properly funding the IRS, but to take from administration and other savings The report compiled by the Swiss an additional $21.3 million out, I think, in tax law enforcement activities—we Scientific Research Council stated the would not be the proper time to do it, cut back tax law enforcement activi- following: and it would not be the proper thing to ties from the levels that they re- After more than a 10 year experience in the do. I do not believe it is the appro- quested. Tax law enforcement activi- field of marking explosives, safety fuses and priate thing to do on this bill. ties are a tool we use to try to get com- detonating cords, we feel that our methods I was wondering if the Senator from pliance from about, I believe, 83 or 84 and procedures have proven highly practical Massachusetts and California could percent today, and hopefully up to the and efficient. In summary, it is safe to say 90 percent goal, which is the adminis- that Switzerland with its marking methods find some other way to fund the study? is on the right lines. Fears that adding Mrs. FEINSTEIN. I am very happy to tration’s objective. marker substances might negatively influ- respond through the Chair to the dis- The more, of course, we collect in ence the safety of explosives for civil use has tinguished Senator. taxes, the less pressure you have on proven unsubstantiated. It is my understanding that the people who are voluntarily complying Here is my point. I have, I think, ade- Treasury Department supports this ap- and saying, ‘‘I will send my taxes in; I quately debunked this incident where propriation. In other words, the Treas- know I owe them.’’ Tax enforcement is opponents say powder with taggants ury Department has agreed to the off- for the purpose of relieving the burden exploded. No taggants were in the pow- set. on law-abiding citizens willing to pay der that exploded in 1979 in that Ar- Mr. SHELBY. I am not aware of that their taxes without having to be jos- kansas plant. at all. I talked with the Secretary of tled by the IRS. Two, the head person of the Aero- the Treasury until 11 o’clock this I am interested to see what the ad- space study found that taggants were morning and he certainly did not men- ministration says, if they are willing safe for use with one exception that tion this to me. I do not know if he to make a statement on both of those needs further study. mentioned it to Senator KERREY. things. First, I do not know how they Three, Switzerland has used taggants Mr. KERREY. Mr. President, as I un- will be able to work out the objection for 10 years, made 565 arrests success- derstand it, half the funding would they raised to reorganization. Even if fully. come from savings that would occur they do, it is not clear that will be in Four, we are now No. 20 in terrorist only if the reorganization proposed by the law. incidents in the world. And 90 percent the IRS would not occur, but the reor- Second, as I said, with great respect of pipe bombs use this kind of black ganization is supported by Treasury. to the Senator from California and the and smokeless powder. Therefore, The IRS actually has objected to the Senator from Massachusetts, I think should not this body exercise its re- reorganization delay that is contained they have a good proposal on that. It sponsibility and do a study of black in another amendment that is on this does, as I said, fly in the face of the and smokeless powder? The Senator bill. It is not clear whether or not that recommendations. I am prepared to from Massachusetts and I both say, reorganization amendment is going to make an argument anyway that we are yes, let us do that study, let us spend be sustained. I had one conversation dangerously close to underfunding the money. We can save lives, and we with Secretary of Treasury Rubin what we need to be able to fund on tax will arrest perpetrators. I thank the about that. enforcement so that we can say to our Chair. I yield the floor. Mrs. FEINSTEIN. If the Senator will taxpayers that 83 percent to 84 percent The PRESIDING OFFICER. The Sen- yield, we are verifying this at this mo- of American taxpayers file voluntarily ator’s time has expired. ment. I was informed by my staff that the correct amount. They do not make Who seeks recognition? the Treasury Department is in support any mistake at all. Mr. President, 85 Mr. CRAIG. Mr. President, I suggest of this offset. We will be happy to ver- out of 100 or 83 out of 100 Americans— the absence of a quorum. ify it. Coloradans, Idahoans, Nebraskans, September 12, 1996 CONGRESSIONAL RECORD — SENATE S10365 Californians—are filing taxes and they interests, and lots of time pressures. Without objection, it is so ordered. are all right. The important thing is to be careful Mr. LOTT. Two points I would like to The enforcement division and the en- what we do and to make sure that we make before the leader leaves. We are forcement effort is to try to reduce the do it the right way with as little par- still requesting additional information burden on them. Once we have decided tisan rancor as possible. We will keep with regard to the convention. I have how much money needs to be collected working with you on that. been corresponding with the White to pay the bills, the more compliance; I want to emphasize that we are not House and communicating with the ad- the higher compliance rates we get, the setting a time certain for a vote on the ministration. I think that there is ad- lower the burden is going to be on ev- convention this year. I am not going to ditional information that could be ob- eryone. be in a position to be intimidated or to tained and perhaps be declassified. I This is a very important effort. have other matters held hostage in an am going to continue to work on that. Again, I have great respect for the in- effort to force a vote before we adjourn. I may ask the minority leader to give tent of the amendment but until and To say in the future what we can or me a hand with that as part of the on- unless the administration or someone can’t do in an effort to force a vote going process. I think there is some is able to persuade me that this would would be irresponsible and demonstrate more information that could be made not be a good offset, I continue to op- a lack of good faith. It is at the request available and could be declassified pose the amendment. of the administration that we are not which could be helpful on both sides, Mrs. FEINSTEIN. I suggest the ab- voting tonight on the convention. But quite frankly. sence of a quorum. I will say—and I think I now have a The other thing is that we are going The PRESIDING OFFICER. The record to back it up—that I will work to proceed on the Treasury-Postal ap- clerk will call the roll. with the Democratic leader, and we propriations bill to try to make some The assistant legislative clerk pro- will see what we can do, and we will progress on that. I am not going to try ceeded to call the roll. keep working to see if agreement be- to get another unanimous-consent Mr. LOTT. Mr. President, I ask unan- tween both sides can be reached. agreement at this point. But it is my imous consent that the order for the I renew my unanimous-consent re- intention to keep working on that and quorum call be rescinded. quest. The PRESIDING OFFICER. Without come back here after further consulta- The PRESIDING OFFICER. The tion to see if we can’t get some further objection, it is so ordered. Democratic leader is recognized. narrowing of the amendments and f Mr. DASCHLE. Mr. President, let me some way to complete this bill tonight. say that the decision we have made UNANIMOUS-CONSENT AGREE- Is that your understanding, or your represents our best effort to try to deal MENT—CHEMICAL WEAPONS intention? with the circumstances we currently CONVENTION Mr. DASCHLE. Mr. President, I just have before us. The amendments that came from a caucus meeting and en- Mr. LOTT. Mr. President, as in exec- are contemplated during the debate on couraged our colleagues to come to the utive session, I ask unanimous consent the chemical weapons treaty have not floor to offer the essential amend- that the agreement entered into on yet been shown to the administration ments, to wait for another day to offer June 28, 1996, with respect to Executive or to Members of this side of the aisle, those that may not be essential, to Calendar No. 12 be vitiated. and for good reasons. They have been I further ask unanimous consent that working on them, and I do not fault agree to time limits, recognizing there the majority leader, after consultation them necessarily for not showing them is a real possibility we could finish this with the Democratic leader, may turn to us, but we are concerned that the bill tonight. I would like to work with to the consideration of Calendar No. 12. amendments have the opportunity to that goal in mind with the majority Before the Chair rules, I know that be considered carefully, that we work leader and with an expectation that we the Democratic leader would like to with the authors of the legislation over can accommodate Senators’ schedules comment, but I would like to com- the next few days to see whether we on Friday and on Monday. But we will ment, too. can’t resolve the differences that the do our best to see if we cannot get ad- First of all, just a little history on amendments represent. ditional cooperation and narrow that this. We worked on both sides of the The administration is desirous of at- list more completely this afternoon. aisle to come to this unanimous-con- tempting to find some resolution to Mr. LOTT. I thank the Senator very sent agreement back in June. It was re- those amendments so that we can send much. lated to the defense authorization bill. a clear message as a country about the Mr. President, I yield to the Senator We came to an agreement, and I felt importance of this treaty as is possible. from Massachusetts. He has a question. compelled to honor that agreement. I I appreciate very much again the co- The PRESIDING OFFICER. The Sen- fully intended to go to the Chemical operation of the majority leader in ator from Massachusetts is recognized. Weapons Convention Treaty this morn- coming to this conclusion. I think it is Mr. KERRY. I should like to ask the ing, to go to conclusion today or to- the right one. He and I had anticipated majority leader, if I may, Mr. Presi- morrow, as provided under the unani- bringing the treaty up this afternoon dent, is it my understanding that it is mous-consent agreement. and having a good debate, but I think a the majority leader’s intention to try After consultation with the Demo- 1-hour time limit under these cir- to work through the amendments with cratic leader, and having gotten indica- cumstances may not be the definition the specific notion of bringing the con- tions from the administration, includ- of a good debate on issues of this im- vention, the treaty, back within the ing just now from the Secretary of port. timeframe that we are here in Septem- State, that their preference would be So we will continue to work to con- ber? at this time that we not proceed with tinue to try to find ways in which to Mr. LOTT. That is not the way I stat- the previous agreement, I have pre- resolve these differences and, subject ed it. I gave my assurance that we will pared the pending unanimous-consent to the agreement of both leaders, per- continue to work with interested par- agreement. I understand their request, haps bring it up later. It would be my ties on both sides of the issue and to and I am prepared to comply with it. hope that we will bring it up later, but see if amendments could be agreed to I want to say to the leader that I that will be subject, of course, to our or not. It was obvious that to proceed think we ought to continue working on success in these negotiations on the at this time was not the right thing to it. The parties involved who have inter- amendments themselves and the sched- do. est on both sides of the aisle should ule. But we will address that and issues Mr. KERRY. I understood that. communicate on amendments, and ex- relating to the treaty at a later day. Mr. LOTT. I am not making a com- amine if potential amendments to the So, again, let me thank the majority mitment on a specific time or even this resolution of ratification can be leader. September. It will depend on what hap- worked out. Hopefully that can happen. Mr. LOTT. Mr. President, I renew my pens. It may not happen. request. Mr. President, while other Senators We have to recognize the period of The PRESIDING OFFICER. Is there are conferring, I do want to encourage time that we are in. There are lots of objection? the managers of this legislation to S10366 CONGRESSIONAL RECORD — SENATE September 12, 1996 keep working to move amendments and Mr. SHELBY. Madam President, I amendment beginning on page 129, and to see if we can find a time to get will be brief on this. We have just been ask that it be in order to consider that votes. I reiterate, I am not making any told the administration does not sup- committee amendment at this time. commitments on times, and I am not port the offset proposed by the Senator The PRESIDING OFFICER. Without going to be threatened in how we do from Massachusetts on this. objection, it is so ordered. this. But I am prepared to work in good I yield the remainder of my time. Mr. LOTT. Madam President, as I in- faith with both sides of the issue and I move to table the amendment. dicated, I will move to table the com- both sides of the aisle, and I think that Madam President, I ask for the yeas mittee amendment that strikes a is all that can be expected of me at this and nays. House provision capping the number of time. The PRESIDING OFFICER. Is there a political employees who are appointed With that, Mr. President, unless sufficient second? by the President. The effect of tabling there are further questions, I will ob- There is a sufficient second. the committee amendment will be to The yeas and nays were ordered. serve the absence of a quorum so the retain the House language and there- The PRESIDING OFFICER. The managers can return to the floor and fore limit the number of executive question is on agreeing to the motion proceed. branch political appointees. to table. The yeas and nays have been The PRESIDING OFFICER (Ms. I am pleased to be joined in this bi- SNOWE). The clerk will call the roll. ordered. The clerk will call the roll. partisan effort by both Senators from The assistant legislative clerk pro- Arizona, Mr. MCCAIN and Mr. KYL, my ceeded to call the roll. The legislative clerk called the roll. Mr. FORD. I announce that the Sen- neighbor from the neighboring State of Mr. KERRY. Madam President, I ask Minnesota, Mr. GRAMS, and the Sen- unanimous consent that the order for ator from Arkansas [Mr. PRYOR] is absent because of illness in the family. ator from Pennsylvania, Mr. the quorum call be rescinded. SANTORUM. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Are there Madam President, the House lan- objection, it is so ordered. any other Senators in the Chamber who desire to vote? guage we seek to retain caps the num- f The result was announced, yeas 57, ber of political appointees at 2,300. The TREASURY, POSTAL SERVICE, AND nays 42, as follows: CBO estimates that doing so will save GENERAL GOVERNMENT APPRO- [Rollcall Vote No. 287 Leg.] $228 million over the next 6 years. This PRIATIONS ACT, 1997 YEAS—57 bipartisan proposal is broadly sup- The Senate continued with the con- Abraham Frist Mack ported for both its deficit reduction sideration of the bill. Ashcroft Gorton McCain and its policy implications. Baucus Gramm McConnell Madam President, it has been en- AMENDMENT NO. 5279 Bennett Grams Murkowski dorsed by the Citizens Against Govern- Mr. KERRY. Madam President, is Bond Grassley Nickles ment Waste, and similar versions of there any time remaining? Brown Gregg Nunn Burns Hatch Pressler The PRESIDING OFFICER. There this provision have been included in Campbell Hatfield Roth the CBO’s deficit reduction proposals, are 5 minutes left to the opposition. Coats Heflin Santorum Mr. KERRY. Who is considered the Cochran Helms Shelby as well as the budget assumptions of opposition here? Cohen Hutchison Simpson the other body. The other body passed Coverdell Inhofe Smith The PRESIDING OFFICER. The Sen- this exact provision on a vote of 267– Craig Jeffords Snowe 150, with strong bipartisan support. ator from Alabama. D’Amato Kempthorne Specter Mr. KERRY. That is the only time DeWine Kerrey Stevens I note that this is a more modest pro- remaining? Domenici Kyl Thomas vision than the one the Senate passed Exon Leahy Thompson last year as part of the fiscal year 1996 The PRESIDING OFFICER. That is Faircloth Lott Thurmond correct. Frahm Lugar Warner Treasury-Postal appropriations bill. At that time, we in this body capped the Mr. KERRY. Madam President, I ask NAYS—42 executive branch political appointees unanimous consent simply for 1 minute Akaka Feingold Levin to explain. Biden Feinstein Lieberman at 2,000, a level that in practice would The PRESIDING OFFICER. Without Bingaman Ford Mikulski have required a reduction that would objection, it is so ordered. Boxer Glenn Moseley-Braun have been 60 percent greater than the Bradley Graham Moynihan reduction we are proposing today, the The Senator from Massachusetts. Breaux Harkin Murray Mr. KERRY. Madam President, this Bryan Hollings Pell reduction that has already been ap- is a very straightforward vote on Bumpers Inouye Reid proved in the House version of this leg- whether or not we are prepared, fi- Byrd Johnston Robb islation. Chafee Kassebaum Rockefeller nally, to include black and smokeless Conrad Kennedy Sarbanes The provision is also consistent with powder in a study by appropriate law Daschle Kerry Simon the recommendations of the Vice enforcement authorities of the United Dodd Kohl Wellstone President’s National Performance Re- States. A study to determine whether Dorgan Lautenberg Wyden view which called for reductions in the it can contain taggants so that we can NOT VOTING—1 number of Federal managers and super- investigate pipe bombs and other Pryor visors. That report argued that over- bombs in the United States. Law en- The motion to lay on the table the control and micromanagement not forcement has sought this for 17 years. amendment (No. 5279) was agreed to. only stifled the creativity of line man- It is a very simple vote. There is an Mr. SHELBY. I move to reconsider agers and workers, they ‘‘consumed bil- adequate offset in the IRS. They have the vote. lions per year in salary, benefits, and cut the bills funding by $1 billion al- Mr. CRAIG. I move to lay that mo- administrative costs.’’ ready. The most that this will cost is tion on the table. Madam President, that assessment is $21 million and of course we hope it The motion to lay on the table was especially appropriate when we think will be less, but any argument to the agreed to. about and look at the issue of political contrary that suggests you cannot find The PRESIDING OFFICER. The Sen- appointees. Between 1980 and 1992, the the $21 million that have been offset ator from Wisconsin. number of political appointees in our here is simply unacceptable. So we ask Mr. FEINGOLD. Madam President, I executive branch grew by more than 17 colleagues to vote for this appropriate ask unanimous consent the pending percent, over three times as fast as the study. business be set aside. total number of executive branch em- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without ployees. Since 1960, political appointees ator from Alabama. objection, it is so ordered. have grown in this country in the exec- Mr. SHELBY. Madam President, how EXCEPTED COMMITTEE AMENDMENT, BEGINNING utive branch by a startling percentage much time is remaining? ON PAGE 129, LINE 20 THROUGH PAGE 130, LINE 18 of 430 percent. While we have made sig- The PRESIDING OFFICER. The Sen- Mr. FEINGOLD. Madam President, I nificant strides in the last few years in ator from Alabama has 31⁄2 minutes. intend to move to table the committee slowing and even reversing the growth September 12, 1996 CONGRESSIONAL RECORD — SENATE S10367 in the total number of Federal employ- current administration has had in fill- overs—seven appointees in 10 years for ees, our progress with respect to politi- ing even some of the more visible polit- one position—as well as delays, usually cal appointees has lagged behind. ical appointments. A story in the Na- of months but sometimes years, in fill- Madam President, the exploding tional Journal in November 1993 focusing vacancies. number of political appointees was a ing upon the delays in the Clinton ad- As I have noted before on this floor, target of the 1989 National Commission ministration in filling political posi- this proposal may not be popular with on the Public Service which was tions noted that in Great Britain the some within this administration and chaired by former Federal Reserve transition to a new government is fin- perhaps some in the other party who Board chairman Paul Volcker. As the ished a week after it begins. A speedy hope to win back the White House in Commission noted, Presidents must transition is possible because the Brit- the upcoming election. have the flexibility to appoint staff ish Government runs on a handful of I want to stress that I do not believe that are ideologically compatible. Po- political appointees. According to Paul the effort to reduce the number of political appointees, of course, can be en- Light, they have about one-tenth as litical appointees should be a partisan thusiastic sources of fresh ideas, and many career executives, and only five issue. It is because the only way we are they do bring many times meaningful layers of management between the ever going to have control over this is experience from the private sector into Minister and the British equivalent of by a bipartisan commitment in the an administration. Equally as impor- the Deputy Assistant Secretary, com- House and the Senate to do something tant, political appointees help ensure pared to more than 16 layers here in a about the exponential growth in the Government response to the policy pri- comparable situation. number of political appointees. orities that were actually mandated by By contrast, the transition of U.S. So I was pleased to introduce earlier the electorate at the ballot box. administrations over the past 35 years in the 104th Congress legislation that You cannot say that no political ap- has seen increasing delays and logjams would have implemented the rec- pointees are needed. It is very impor- and perfectly illustrates another rea- ommendations of the Volcker Commis- tant if our election of a President is to son why the number of these political sion, and that would have capped the have real meaning. However, Madam appointee positions should be cut back. political appointees at 2,000. And I was President, as the Volcker Commission Madam President, the average length proud to have as cosponsors of that found, far from enhancing responsive- of time from inauguration to confirma- measure my friends, the senior Senator ness, the mushrooming number of Pres- tion of top-level executive positions from Arizona and also his colleague idential appointees actually under- has steadily risen from 2.4 months and my friend, the junior Senator from mined effective Presidential control of under President Kennedy, to 5.3 Arizona. the executive branch. The Commission months under President Reagan, to 8.1 As I mentioned earlier, this body noted that the large number of Presi- months under President Bush, and now adopted that provision to last year’s dential appointees simply cannot be to a pretty staggering 8.5 months, on fiscal year 1996 Treasury-postal appro- managed effectively by any President average, under President Clinton. priations bill. It had bipartisan spon- or by any White House. There are just The consequences of having so many sorship. So this body has already gone too many. critical positions unfilled when an ad- on record in favor of the cap at 2,000. Altogether, the Volcker Commission ministration changes can be serious. In But what we are trying to do by ta- argued that the lack of control and the first 2 years of the Clinton adminis- bling the committee amendment today focus may dilute the President’s abil- tration, there were a number of stories is to at least get us down to the 2,300 ity to develop a coherent and coordi- and problems created by delays in that the other body has already sup- nated program, and to hold Cabinet making these appointments. ported in this legislation we are consid- Secretaries accountable. The Commis- From strained relationships with for- ering today. sion found that the excessive number eign allies over failures to make am- (Mr. THOMAS assumed the chair.) of appointees are actually a barrier to bassadorial appointments, to the 2-year Mr. FEINGOLD. Mr. President, the critical expertise, distancing the Presi- vacancy that we all read about at the sacrifice that the deficit reduction ef- dent and his principal assistants both top of the National Archives, the forts require really have to be spread from the most experienced career offi- record is replete with examples of among all of us. That has already been cials and from the front-line workers. agencies left drifting while a political felt by many people all over this coun- These are the people who are often the appointment was delayed. Obviously, try and many Government workers all best positioned to make the critical as- there were many situations where the over this country. This measure re- sessments of Government policy. delays were caused by circumstances quires us to bite the bullet and impose The problem of distancing that was beyond the control of this administra- limitations upon political appoint- raised by the Volcker Commission has tion. And, of course, the figures I just ments that both parties would prob- been chronicled in more detail by Paul read indicated that this has been a ably want to retain. Light in his book ‘‘Thickening Govern- problem in many administrations. It is The test of a commitment to deficit ment.’’ Light found that the increasing just that, over time, with each admin- reduction, however, is not simply to number of political appointees are istration, regardless of party, it has propose measures that impact some- arrayed in layer upon layer of manage- gotten somewhat worse. body else. As we move forward to im- ment, layers that did not exist 30 years Nonetheless, it is clear that with a plement the recommendations of the ago. He found in 1960 there were 17 lay- reduced number of political appoint- National Performance Review Board to ers of management at the very top ments to fill, the process of selecting reduce the number of Government em- level of Government; by 1992 there were and appointing individuals to key posi- ployees and streamline agencies and 32 layers. Compounding the problem, tions in a new administration is very make Government more responsive, we Light notes that the 32 layers do not likely to go more smoothly and to be should also take this opportunity stack neatly on top of one another in a enhanced. today to right-size the number of polit- unified chain of command. Some layers Madam President, let me also stress ical appointees, to implement the poli- come into play on some issues, but not that the problem is not simply the ini- cies of any administration, without, at on other issues. Mr. Light asserts that tial filling of a political appointment, the same time, unnecessarily burden- as this sediment has thickened over but also the problem of keeping some- ing the Federal budget. the decades, Presidents have grown in- body in that position for a reasonable Mr. President, I urge my colleagues creasingly distant from the lines of period of time. Between 1970 and 1986, to support this bipartisan effort. I Government, and the front lines from the tenure of a political appointee was, thank the Chair and yield the floor. them. He adds that Presidential leader- on average, 20 months, and even short- Mr. KERREY. Mr. President, I lis- ship, therefore, may reside in stripping er for schedule C employees. tened, I regret to say, only to about the Government of the barriers to do its In a recent report, the General Ac- last half of the Senator’s statement. If job effectively. counting Office reviewed a portion of he doesn’t mind, I would like to ask a Madam President, many will recall these positions for the period of 1981 to couple of questions. First of all, my the difficulties, for example, that the 1991, and found high levels of turn- memory, such as it is, says that there S10368 CONGRESSIONAL RECORD — SENATE September 12, 1996 was not a rollcall vote on this last tion raised concerns, not just for them- I, too, was concerned about the growth year, is that correct? selves but for whoever might follow, of Government. We had hearings and Mr. FEINGOLD. That is correct. that this could impede their ability to worked on some ways to peel back on Mr. KERREY. You have cited a carry out whatever he or she cam- some political appointees to hit the Volcker Commission report repeatedly paigned upon. It seems to me the peo- proper balance that needs to be hit. here. Can you describe the details of ple expect him to be able to come in I do not believe, however, that just that commission and how many people and run the bureaucracies with the mandating it, as we are doing with this were on it? Do you have any other cites people that have similar views to particular proposal, is the way to go at besides the Volcker Commission to theirs. this thing. I think it is in many ways base this on? Mr. FEINGOLD. Mr. President, I ap- unnecessary and unwarranted because Mr. FEINGOLD. In addition to Mr. preciate the comments of the Senator the proposed legislation would enforce Volcker’s commission, which was cited from Nebraska, of course. I respect an arbitrary cap. And it is arbitrary. It by a number of articles, I also cited the very much his distinguished tenure as is not done going department by de- work of Mr. Light, who wrote a more Governor of Nebraska and his knowl- partment and agency by agency, and extensive book about this subject edge of the importance of having a po- saying, ‘‘Here are some that are excess; called ‘‘Thickening Government,’’ litical presence within any kind of ex- here are some that are not.’’ Doing a which I quoted at length. It was de- ecutive administration, if you want to study that way just lops off about a scribed that the growth of these politi- implement the policies you run on. third, or 30 percent the total number of cal appointments has outstripped I indicated that, and it was also indi- political appointees, without saying growth in other areas of Government. cated from the Volcker Commission, who is going to do this job or whether Therefore, while we have cut back on and others’ comments to that effect. their job can be done by somebody else some of our Federal employees, this The question is what level? What I or absorbed by people in the regular area continues to grow. I can certainly have indicated here and want to repeat civil service ranks, or whatever. provide the Senator with the details of is that that clearly has been a greater Let me just say that President Clin- the Volcker Commission and Mr. theme of government with respect to ton has taken the lead to reduce Fed- Light’s book. political appointees than other people eral employees while making Govern- Mr. KERREY. The one statement in executive positions. It has grown 17 ment work better. The President’s plan that the Senator from Wisconsin made percent, while in the nonpolitical area has carefully analyzed the Federal that causes me to have some concern is it has only grown approximately 5 per- Government, and it has recommended the statement that I believe the cent. That is the question. specific and pragmatic ways to reduce Volcker Commission said that political Clearly, I say to the Senator from the number of Government employees. appointees actually make it more dif- Nebraska, Mr. President, there must be The plan makes 180 specific rec- ficult for the President to carry out some point at which there are too ommendations to streamline the Gov- whatever it was he or she campaigned many political appointees—perhaps ernment and deliver more services for upon. One of the facts here is that this 10,000, or 8,000. At some point there are less money. would take it from 2,800 down to—— too many people. What these reports By contrast, the proposed legislation Mr. FEINGOLD. The current esti- have suggested, almost ironically, is singles out political appointees while mate, if I may say to the Senator from that, if you get too many political ap- failing to account for how the arbi- Nebraska, is about 2,900, but it varies pointees, the chief executive of a State trary number of remaining appointees and the Congressional Budget Office es- or the Federal Government cannot will manage the Government. As far as timates that it averages around 2,700 or even keep track of them so that it ac- reducing Government and cutting 2,800. The effect of this would be, as I tually can backfire on them. It could costs, we began 3 years ago when Presi- understand it, to require, within the actually end up being worse than hav- dent Clinton began the effort to reduce next year, a reduction of between 400 ing the right mix between civil service Government. and 500 positions. career people and political appointees. We are all familiar with the National Mr. KERREY. So that the public can In response to the earlier question, as Performance Review under the direc- put this into perspective, there are I understand it, there were six mem- tion of the Vice President. His goal was 1.971 million Federal employees. Right bers of the task force within the to create a Federal Government that now, there is an allowance for 3,400. I Volcker Commission that examined works better and costs less. think we are at 2,800 now. This would the specific issue of political ap- Under the NPR—let us see how we take us down to 2,300. pointees. The chairman of that task have done with the NPR. After 3 years My concern with the Senator’s force was Elliot Richardson. Among in office, the President is well ahead of amendment is based upon having been the members were Robert McFarlane, schedule to reduce the size by 272,900— elected for 4 years as Governor, where Walter Mondale, Benjamin Read, Anne that was the goal by the end of this I came into office with very little op- Wexler, and Alan Wolff, and they came year—or about a 12-percent reduction portunity for appointments below the up with this conclusion that we ought in the Federal workforce. In fiscal year top slot. It made it difficult, therefore, to go to 2,000 again. 1995, 185,000 full-time equivalent posi- to come in, having promised to do To reiterate, my amendment—actu- tions were cut. By the end of fiscal something, for example, with agri- ally the House amendment that I sim- year 1996, 214,000 will have been cut. So culture, with taxes, or with some other ply want to restore—would not take we are well on the way to cutting that area of government, and carry that this to 2,000 as I originally hoped. It 272,900. So we have reduced. We are out. The public expected me to be able would simply take us to the 2,300 fig- about two-thirds of the way toward the to do it. But, in fact, I would come in ure. goal in one-third of the time that we with very little real power, because Mr. GLENN addressed the Chair. thought it was going to take. there was little opportunity to bring The PRESIDING OFFICER. The Sen- In the Reagan and Bush administra- people in who agreed with the positions ator from Ohio. tions, from 1980 to 1992, we saw an in- that I had taken during the campaign Mr. GLENN. Mr. President, I still crease of 67,000 in the Federal civilian itself. have some questions about this. I come workforce. That was an increase of 3.1 That is why I was concerned when I at this with some background of long- percent. This administration has cut heard that. It runs against my own standing. The Volcker Commission re- the number of on-board Federal em- common experience, my own personal port is about 7 years old at this time. ployees by 225,000 in 3 years. It is a de- experience. It does not seem to me that I had hearings on it when it first came crease of 10 percent. A similar reduc- running at the current level of 2,800, out of the Governmental Affairs Com- tion has occurred in the percentage of with 3,400 being the cap, that does not mittee. I am very familiar with the political appointees. seem, on the surface, to be like a thick- Volcker Commission report. It came So it has been across the board. It ening of the Government. It is less out in 1989, I believe. I had hearings on has not been only civil service. It has than half of 1 percent—current politi- it in the Governmental Affairs Com- also been the political appointees. cal appointees. I know the administra- mittee at the time it came out because There are approximately 6 percent September 12, 1996 CONGRESSIONAL RECORD — SENATE S10369 fewer political appointees in this ad- Mr. President, there was a statement one time and went from the committee ministration than there were during made about how the British functioned staff, I think, to the position he has the previous administration. and how their Government operates now where he has authored a lot of ar- This is an important thing to note. and how they can turn around the Gov- ticles, and so on, has done an excellent The last time American taxpayers saw ernment in a much shorter time than job in what he has done. So I am thor- levels of Federal employment this low we can. That is very true. Perhaps oughly familiar with Paul’s work. I was during the administration of Presi- there are some areas where we can know him personally. He has done a dent Kennedy. learn from the British and other par- good job in pointing out a lot of these This administration established a liamentary forms of government. But things. We do, indeed, have to be work- plan to reduce not only the size of the they operate on a parliamentary form ing toward the end he points out in the Government but also the number of of government quite different from book of this layering of Government, programs, the number of regulations, ours. Indeed, they are a democracy, but the many layers and levels that we and the way Government works to de- their functions of government are com- have to fix if we truly are going to velop new partnerships. Even though pletely different than ours where we have efficiency in Government. the current level of appointees in this split the powers out and have the pow- But as my distinguished colleague administration is below that of the ers of government balance each other from the Nebraska, the floor manager Bush administration in 1992, the pro- between the executive and legislative of the bill, pointed out a few moments posed legislation would force a 30-per- branches. Then ours is monitored by ago, political appointees in our system cent reduction of political appointees the judicial branch, of course, when come in not just as political favors to in addition to the reductions that have there are any challenges to this. But in give somebody a Government job. They already been accomplished. a parliamentary system theirs is cen- are put in over the normal civilian bu- The National Performance Review tered in that Prime Minister, and a reaucracy, the civil service, so that the accomplishes the goals of this proposed Prime Minister is normally far more policies of the new President can be amendment. I have been much involved powerful than any American President. implemented; you have people in each one of these departments or agencies to with the NPR. President Clinton has We may be a bigger country and a big- do exactly that, to see that the Presi- sought to reduce the cost of Govern- ger economy, but as far as the author- dent’s policies are carried out. They ment to the American public while pro- ity to commit the affairs of govern- are the implementers. viding higher quality services. The Na- ment in a certain direction, a Prime tional Performance Review has care- Now, do we have too many implemen- Minister speaks with authority for his ters? Well, I would not quarrel that fully analyzed the Federal Government or her government with a shadow Cabi- and has recommended specific, prag- maybe we do, but I think to just arbi- net out there in the offing. That is the trarily say we are going to lop off a matic ways to reduce the number of reason they always can turn over fast- Government employees, including po- third of these because we do not like er than we can. In a parliamentary that big number out there is a pretty litical appointees, to manage with form of government, the Prime Min- fewer layers of middle management, shortsighted way to go at this thing. ister can say, ‘‘Here is what is going to How do we make that kind of change, and to reduce Government regulations. happen,’’ and that is a commitment of just whacking away at the manage- For example, President Clinton has re- government, or that person is turned ment levels that the President uses for duced the number of Department of Ag- out of office when there is a new elec- control in these different agencies and riculture agencies from 43 to 29 and tion or the party turns him or her out departments? How do we just whack plans to close or consolidate 1,200 field of office. away at them without knowing what offices. And so a Prime Minister, as far as the impact is going to be? I guess I I think the proposed amendment getting things done, and as far as the would feel much better about it if we looks only at one frame of really the hierarchy, the bureaucracy of Govern- had had some hearings on this and big picture. The proposed amendment ment to back that person up, there is have some specificity about where we singles out political appointees. By sin- less turnover in that type system than are going to see these cuts occur, how gling out political appointees, it exam- there is normally in our type system they are going to do this. Maybe it will ines only one-sixth of 1 percent of the with all of its remainder of powers work in some departments; in other de- total Federal employees. About half of back and forth. partments, it might be catastrophic. the political appointees are schedule C The loyal opposition in a parliamen- I do agree very much with the distin- employees who are junior and midlevel tary situation has a cabinet, a shadow guished Senator’s comments about the staff. These are not all senior-level cabinet standing there waiting to come turnover in the political appointees managers even though they may be po- in. They know right then who their ap- once they are in office, and that dis- litical appointees. pointees are going to be, if there are turbs me mightily because we did some This administration has instead fo- going to be many at all, and the actual studies on that and have GAO figures cused on all Federal employees by reform of Government goes on. The full- on it. I do not have the current figures moving layers of management to offer time civil servants are lifetime, usu- with me to be up to speed on this. lower level employees greater respon- ally spend a lifetime career in those Well, I guess I do. Staff just handed sibility. It also decentralized decision- particular positions. me a comment on this. making and increased the scope of Now, let us look back at the NPR a Turnover rates of political ap- managers’ control. minute, the National Performance Re- pointees: Appointees average 2 years of Political appointees execute the pol- view. We worked very closely with the service. When NPAS vacancies occur, it icy priorities voiced by the American National Performance Review in the often takes months, if not years, to fill public at the ballot box. Political ap- Governmental Affairs Committee. We the slots. Some positions go unfilled pointees play a key role in carrying provided some of the legislation, the for months, if not years. By the time forward policy priorities. The Clinton legal authority for buyouts, for early you get up to speed on major issues and administration has an obligation to en- outs, for early retirements, but done budget procurement and financial man- sure that the Government is a well- with fairness—done with fairness. agement, you are on the way out, and managed instrument of the public in- We have cut out a lot of those posi- that is no way to run the Government. terest in carrying out programs impor- tions. And as I just read a moment ago So when I have conducted hearings in tant to the public. Political appointees here, we have, indeed, cut out a num- the past, when we have had people are entrusted with managing the prior- ber of the political appointees with come up for confirmation before the ities of the American public. that, and that was done at the initia- committee, I have always asked them So just arbitrary cuts in the number tive of the administration, to cut some for a commitment. I asked them for a of political appointees endanger the ad- of those out, cut out some of these lay- personal commitment that they are in ministration’s ability to respond to ers of management. for this term of office of the President. policy priorities created both by law I know Paul Light, in reference to his Everyone I have run into so far, all and the American public at the ballot work. I have his book and have read his those who have been through confirma- box. book. He was on our committee staff at tion—we had, I think it is, 40 or 40-some S10370 CONGRESSIONAL RECORD — SENATE September 12, 1996 who have come before our committee— the way to go at this thing—keep the cent growth, is the 12 years we are al- everyone has given me that commit- course we are on of cutting down civil ways talking about out here—what ment. I do not think anyone has vio- service. Right now, we are ahead of happened between 1980 and 1992 with lated it. schedule on reaching that cut of 272,900 our Federal deficit. That was the pe- So we are doing our little bit to get that the administration set as a goal riod of exponential growth in the defi- this constancy of Government in there after they did their assessment of all cit and that is what we have been try- also, which I think is very important. I the civil service and of all the Govern- ing to remedy. It seems to me this is think it is about half of the appointees ment positions. admittedly small in the big picture are gone within 28 months, or some- I hope we will vote this down so that but, again, one example of how things thing like that, I think, is the current we do not do more damage here than got out of control. In effect, blank figure. That is in the ballpark anyway. we are doing good. We are heading in checks were being written all over this We would have to get more detailed the right direction right now, and to Government, including in the area of figures on that. just automatically say we are going to constantly adding political appointees. In fact, we had a hearing on this back arbitrarily pick a number off the top of That leads me to the point I want to a few years ago; I was concerned our head and whack away is the wrong stress to my friend from Ohio. He is ab- enough. We had GAO do a study, and way to go, and I urge my colleagues to solutely right, the progress that has they came up and gave the results to vote against the amendment. been made by this administration is us. We were trying to make sure what- Mr. FEINGOLD addressed the Chair. tremendous. I am very proud of it. I ever administration, Republican or The PRESIDING OFFICER. The Sen- would like to think I have had a small Democratic, it got a commitment from ator from Wisconsin. part in it. The Vice President’s na- Mr. FEINGOLD. Let me, first of all, their political appointees coming in tional performance review has been say that there is no one who has shown not just to get a new entry in their dos- key. The reductions have been very im- more commitment to Government effi- sier or in their record but came in to pressive. Every American should be ciency and making sure we have spent do their job to the end of that adminis- proud that, overall, we have made our tax dollars properly than the Sen- tration’s 4-year term, whatever it great progress, as the Senator from ator from Ohio, so it is no fun disagree- might be. Ohio has suggested. All I am trying to So I would feel better about this pro- ing with him on an issue like this. Let me, as I must, respond to a few of do by this amendment is to round it posal if we had had some hearings or the points he made. out; to make sure it does look, in the we had details on exactly who was First of all, to hear some of the com- words of the Senator from Ohio, fair; going to be affected—most, how the ments from the Senator from Ohio and that it just did not happen to civil President is expected to do his job if he some of the questions of the Senator service people but it also happens to does not have his political appoint- from Nebraska, you would think what political appointees. ments in there to carry out the policies we are proposing to do is to essentially I think it is most unfortunate to that he has been elected to put into ef- eliminate all political appointees. speak of the great reductions that have fect in Government, and I do not think That is not what we are doing. The been made in one area and then find we have that. figure that has been bantered about is the area where reductions have not So I hate to oppose this, but I have we are cutting the number of political been made at all is the most sensitive to, in all good conscience, do that be- appointees by a third, but that is not area, of political appointees. cause I do not like this sort of, what I the case. The estimate we have is that So, some of the language that has call, a meat-ax approach to Govern- the number averages about 2,700 or been used to describe this amendment, just say we do not like the num- 2,800 political appointees. The effect of ment—being unfair or arbitrary or tak- ber of employees; we will whack a third this amendment would take it down to ing a meat-ax approach—I think, is of them off. about 2,300. wrong. This is very consistent with the That is basically what we are doing That is far less than one-third. It is philosophy and spirit of the national with this. It sounds great. Political ap- more like 17 percent or something performance review. pointees, everybody would probably close to it. I understand the compari- I want to respond to the Senator agree they are the most expendable son between the rounding off at 3,000 from Ohio by pointing out four ways in people in Government, but they are not versus the original bill at 2,000 would which this is not at all a meat-ax ap- really. Whether it is a Republican ad- have produced that result, but that is proach. ministration or Democratic adminis- not the effect here. Neither I nor Mr. First, I reiterate, this does not elimi- tration, there are people out there in Volcker’s commission or Mr. Light at nate all political appointees. It reduces Government as political appointees, ei- any point suggested you do not need them from a figure of about 2,800 now ther Secretary, Under Secretary level political appointees. In fact, I took to about 2,300. or whatever, who are implementing the great care in my original remarks to Second, it does not have to happen policies the administration had just indicate that you absolutely do need tomorrow. The President has an entire been elected to put into practice. some political appointees. You must year to get down to this figure. That is So just to say that because they are have them in order to implement the the effective date of the amendment. It political appointees we automatically political will that accompanied a Chief is not immediate. can do away with approximately a Executive’s election to office. So there Third, and this is a question the Sen- third of them I do not think is realis- is no disagreement on that point. The ator from Ohio properly raised and it tic. So I have to oppose this. This will only question is what is the proper deserves an answer. We put no con- probably be popular enough—we are level, and that goes to the second ques- straints in this provision on how the going to have a vote on it—to go tion. President is to do this. We do not through, but I urge my colleagues to Are we, as the Senator from Ohio micromanage it. We do not say that think twice about this before they vote suggested, singling out political em- some specific number has to come from for something like this. ployees for a cut? Or is it just the oppo- this department or this area of politi- We are progressing in this direction. site, that they have been singled out cal appointees. We give the President The administration has had well over for protection? Federal employment in full discretion to make this determina- 200,000 positions cut. We are at the low- general, in this area, only went up 5 tion, as it generally should be. Some- est employment level since John F. percent between 1980 and 1992; political times I get concerned. We have experi- Kennedy. We are bringing the employ- employment has gone up 17 percent. It enced this, for example, in the area of ment of Government down not only in is awfully hard to explain to the people foreign policy, where some folks in this civil service but in these political ap- back home, while various local jobs at body were trying to micromanage the pointments. the Federal level as well as so many State Department in every respect. A number of those positions, as I said other things are cut, this area contin- That is wrong. But it is appropriate for earlier, have already been eliminated ues to grow and grow quickly. us, in the appropriations process, to set by the National Performance Review I think it is interesting the very pean overall level, a maximum number of and more are coming. That, to me, is riod that figure comes from, the 17 per- political appointees, and then say: Mr. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10371 President, we want you to reach that ment to 2,000. The proposal by the Sen- ernment officials. By reducing political level within a year; we, of course, will ator from Wisconsin is not quite as am- appointees and increasing the size and understand you will make your own de- bitious, but it is a fine start to rein in the power of a faceless bureaucracy, we terminations how this is to happen. the surge in political appointees. are reducing accountability. Do we Finally, though it may not be the Mr. President, let me be clear on this want to do that? We may need to ad- most important, because I think the point: The great growth of political ap- just where they are, but is one-tenth of Government efficiency aspect and cut- pointees has not occurred under the 1 percent too much for political rep- ting spending are both critical, I think Clinton Administration. As a matter of resentation? I hope not. I hope my col- a last point needs to be emphasized fact, Vice President Gore has been a leagues, at the proper time, will vote from my earlier presentation. That is stalwart in reducing the size of govern- against the motion to table this these experts, Mr. Volcker, Mr. Light ment. Facing the legacy of 12 years of amendment, as I agree with the Sen- and others, concluded not only that we irresponsible growth in government ator from Ohio, this is not the time did not need all these folks, nec- under the Reagan-Bush Administra- and this is not the place. essarily, to have a Federal Government tions, our current Vice President has The PRESIDING OFFICER. The Sen- that can implement the policies of the worked with the Congress to reduce the ator from Ohio. President, but that it actually is hard- federal payroll to the size it was when Mr. GLENN. I have just a few com- er for a President to be effective, or a John Kennedy was in the White House. ments here and then we will be finished Governor to be effective, when there This amendment supports the spirit with this. are too many political appointees to of the Vice President’s efforts and re- I ask unanimous consent to have manage; when there are so many they flects my efforts to curtail the growth printed in the RECORD an article out of become a life and an entity of their of political appointees in the Federal the Washington Post from back in 1994, own and the President no longer has Government. April 21, 1994, called ‘‘The Permanent the time nor the ability to manage all Mr. President, in my home state of Non-Government.’’ of that. Massachusetts, political appointees are There being no objection, the article That is the title of Mr. Light’s book, known as walruses, and I am pleased to was ordered to be printed in the ‘‘Thickening Government, Federal Hi- help retire a few walruses today. We RECORD, as follows: erarchy and the Diffusion of Account- need to reduce Government responsibly [From the Washington Post, Apr. 21, 1994] ability.’’ We are noting here, not only at the Federal level and I hope the THE PERMANENT NON-GOVERNMENT about limiting the number of employ- states follow our leadership. This is no way to run a government. In- ees, we are talking about making sure I urge my colleagues to support this deed, to judge from a General Accounting Of- the political appointees who are put in amendment, and join us in reducing fice study release yesterday, it’s a small mir- their positions are actually account- the size of government and the level of acle that the government runs at all. The able to the Chief Executive who was unnecessary Federal spending. study, conducted at the request of Sen. John I yield the floor. Glenn, found that political appointees stay elected and whose policies we are con- The PRESIDING OFFICER. The Sen- on the job for only 2.1 years. In other words, cerned about continuing. This is not a ator from Alabama. they usually leave about the time they hatchet job or meat-ax approach. It is Mr. SHELBY. Mr. President, I would might be expected to have figured out what a modest amendment. It gives the like to inquire of the Senator from they’re doing. President a year to go forward with For some big jobs in troubled agencies, the Wisconsin how much time does he turnover rates are actually worse. The Fed- this change and I think it is perfectly think he will debate this? consistent and would be a proud addi- eral Aviation Administration has had seven Mr. FEINGOLD. I am prepared to appointed and four acting administrators in tion to the President’s tremendous make the motion to table. the past 15 years; the Federal Housing Ad- record and progress, not only on reduc- Mr. SHELBY. How about the Senator ministration has had 13 commissioners with- ing the number of Federal employees, from Ohio? in the past 14 years. And to point out just but his magnificent record on reducing Mr. GLENN. About 5 minutes. how bad it can get, Sen. Glenn, the chairman the Federal deficit from what would Mr. SHELBY. Mr. President, I thank of the Senate Governmental Affairs Commit- have been $300 billion and is now esti- the Senators, both the Senator from tee, noted that within an 18-month period in mated to be only about $117 billion, Ohio and Wisconsin. 1991 and 1992, three different people served in moving in the right direction for the The language the Senator is attempt- the Education Department as assistant sec- ing to restore here is a hot political retary for post-secondary education. coming fiscal year. President Clinton has been unusually dila- I yield the floor. topic, to say the least. The debate tory in filling government jobs, but the prob- Mr. KERRY. I am pleased to join about it will, no doubt, be one of the lem of getting people to stick around is not once again with my colleague from main points the media reports in the new—the GAO study covered 10 years and Wisconsin, Senator FEINGOLD, in reduc- bill. It will make, no doubt about it, three administrations. And once people ing waste from the budget and stream- the papers and the nightly news, if it is leave, it takes a long time to get new people lining government. Senator FEINGOLD adopted. behind their desks—from six to 20 months and I have stood shoulder to shoulder This amendment is great political depending on the agency. This all adds up to on a number of occasions to cut cor- rhetoric. We all have talked about too a big problem, since a president has just four many political appointees in the past, years to make a mark on the government. As porate welfare and to reduce the Fed- Sen. Glenn said in a letter to Mr. Clinton, eral deficit. depending on who was the President of ‘‘the fact remains that when senior positions Just a few months ago, we were the United States. Right now, there are are in a constant state of flux, it diminishes joined by Senator MCCAIN and Senator about 2 million civil employees in the the ability of any president to carry out an THOMPSON in a bold attempt to reduce executive branch of Government. Polit- agenda, to bring needed change in the way unnecessary and wasteful corporate ical appointees are responsible for final government works, or to ensure that the welfare in the Federal budget by $60 decisionmaking there, as we know. We long-term interests, including the use of billion over the next 6 years. It is might not always like what they do, hard-earned taxpayer dollars, are properly sometimes difficult to stare down the but how many of us can say we have managed.’’ Among other things, Sen. Glenn urged Mr. Clinton to seek long-term commit- special interests and take aim at the not questioned actions of the career ments from his appointees and ‘‘fill vacant excess in our budget, but I am deter- bureaucracy? Do we want to have a positions expeditiously.’’ mined to continue the fight to ensure system like Great Britain and Japan This is sound advice, especially the part our children a debt-free future. Mr. and others, in which their career bu- about the vacancies. But the study ought to President, I appreciate having the Sen- reaucracy runs the Government? I hope force a broader inquiry by the reinventing ator from Wisconsin as a comrade in not. Political appointees, on the other government crew in Vice President Gore’s of- arms. hand, are accountable. They are ac- fice. Obviously not all of the jobs in question Last year, I introduced a bill which are equally important, nor are the turnovers countable for the decisions they make. equally damaging. For some appointees, 2.1 reduced spending by more than $90 bil- I believe, overall, the civil bureaucracy years in government may turn out to be two lion by the year 2002. One provision of is not. years too long. And there’s nothing wrong that bill calls for a reduction of politi- The American people, I think, de- with a successful deputy assistant secretary cal appointees in the Federal Govern- serve accountability from their Gov- rising to become an assistant secretary. But S10372 CONGRESSIONAL RECORD — SENATE September 12, 1996 taking hold of the government and giving it do. I just wanted to get those figures in The PRESIDING OFFICER. Are there direction is a difficult task. the RECORD. any other Senators in the Chamber de- Sen. Glenn’s study suggests that the entire I gave all my reasons for opposing siring to vote? appointment and confirmation process could use radical streamlining—people will serve this before. I would feel much better if The result was announced—yeas 36, in their posts longer if they get there faster. we had hearings and detailed the exact nays 62, as follows: The relationship between civil servants and effect of this thing. I urge my col- [Rollcall Vote No. 288 Leg.] political appointees also needs fixing. With leagues to vote against the amend- YEAS—36 this kind of turnover, top civil servants have ment. to spend an inordinate amount of time ‘‘edu- Baucus Grams McCain I yield the floor and yield back what- Biden Grassley Nickles cating’’ political appointees about their jobs. ever time I have remaining. Bingaman Gregg Pressler Yet the United States has tended to reject Mr. FEINGOLD addressed the Chair. Bradley Harkin Santorum the British model of having a shallow layer Brown Hutchison Smith of political appointees on top of a large man- The PRESIDING OFFICER. The Sen- Bryan Inhofe Snowe darin blass. But if we don’t like the British ator from Wisconsin. Coats Kassebaum Specter model, how can we make the one we have Mr. FEINGOLD. Mr. President, very Cohen Kerry Thomas created work better? Sen. Glenn deserves briefly, again I salute the Senator from Coverdell Kohl Thompson DeWine Kyl Warner some answers. Ohio for his knowledge in this area. It Feingold Leahy Wellstone Mr. GLENN. It goes into some of is extensive and a great contribution to Frist Lugar Wyden these things about the high turnover Government efficiency. NAYS—62 rate that we have of these appointees I want to be clear. The great growth Abraham Faircloth Lott that come in. I think that is almost in this area did not occur under Presi- Akaka Feinstein Mack scandalous in the turnover rate. dent Clinton. I am, of course, a Demo- Ashcroft Ford McConnell Since I mentioned this a moment crat supporting his reelection, and I Bennett Frahm Mikulski Bond Glenn Moseley-Braun ago, we have had a chance to look up am in no way pointing my finger at Boxer Gorton Moynihan the figures here. Back in May of 1994, I this administration. The facts don’t Breaux Graham Murkowski had hearings on this subject. We looked show that at all. This has been a grad- Bumpers Gramm Murray into what had happened over the past ual process over the years which both Burns Hatch Nunn Byrd Heflin Pell decade. In fact it covered an 11-year pe- parties participated in. I want to be Campbell Helms Reid riod, back through the Reagan and clear about that. Chafee Hollings Robb Bush years. I am not pointing it out I also want to point out, because I Cochran Inouye Rockefeller Conrad Jeffords Roth just politically, because I think the was very appreciative of the figures Craig Johnston Sarbanes same kinds of figures apply, maybe just placed in the RECORD, yes, there is D’Amato Kempthorne Shelby slightly reduced, in the Clinton years a high turnover rate. This is something Daschle Kennedy Simon so far, also. I mentioned in my remarks. Dodd Kerrey Simpson Domenici Lautenberg Stevens At that time, over that 11-year pe- I will add, I gave a number of reasons Dorgan Levin Thurmond riod, during the Reagan and Bush why I didn’t think we had a harsh pro- Exon Lieberman years, 30 percent of political appointees vision. That turnover rate means it is NOT VOTING—2 had left the Government within 18 going to be very easy, comparatively months of their appointment. Almost speaking, for the President to deal Hatfield Pryor one-third of the people did not even with this. If that is the turnover rate The motion to lay on the table the stay beyond 18 months after being po- during the course of the next year, a excepted committee amendment begin- litically appointed. And 50 percent— lot of those folks who turn over won’t ning on page 129, line 20 through page this was the average for that 11-year have to be replaced. In other words, 130, line 18 was rejected. period—50 percent of the political ap- we’re not talking here about mass The PRESIDING OFFICER. The pointees were out of Government 27 firings; we are talking about not re- question is on agreeing to the excepted months after their appointment. placing, in many cases, those who have committee amendment. You know, a person comes in here simply chosen to leave after a brief The excepted committee amendment and it takes them a little while to find tenure. on page 129, line 20 through page 130, out where the washroom is and who Mr. President, if it is consistent with line 18 was agreed to. they write to and hiring their sec- the managers’ wishes, I now intend to Mr. SHELBY. I move to reconsider retary and one thing or another, so the move to table. the vote. first 2 or 3 months they are here they Mr. President, I now move to table Mr. LAUTENBERG. I move to lay are not as productive as they should that portion of the committee amend- that motion on the table. be. And once they decide they are ment beginning on page 129, line 20 The motion to lay on the table was going to leave, they are out there and through line 18 on page 130. agreed to. they are short-timers, as we used to Mr. SHELBY. I ask for the yeas and Mr. LAUTENBERG. What is the say in the service. Because they are nays. pending business? short-timers and you cannot expect The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The com- anything out of them, so do not give sufficient second? mittee amendment with the second-de- them anything real to do. So, take that There is a sufficient second. gree amendment from Senator KASSE- 6 months out of the service; 30 percent The yeas and nays were ordered. BAUM. are gone after 18 months, you get 1 The PRESIDING OFFICER. The Mr. LAUTENBERG. Mr. President, I year out of these people and you can- question is on agreeing to the motion ask unanimous consent the Kassebaum not expect the President’s appointees, to lay on the table the committee amendment temporarily be laid aside. whether it is Reagan, Bush or anybody amendment beginning on page 129, line Mr. SHELBY. Reserving the right to else, to do a good job in implementing 20 through page 130, line 18. The yeas object at this time, I object. their policies if their political ap- and nays have been ordered. The clerk I suggest the absence of a quorum. pointees are going to turn over in that will call the roll. The PRESIDING OFFICER (Mr. fast a period of time. The assistant legislative clerk called THOMPSON). The Senator from New Jer- I don’t have complete, up-to-date, the roll. sey has the floor. current figures that compare with Mr. NICKLES. I announce that the Mr. LAUTENBERG. Mr. President, is those. I think it has improved a little Senator from Oregon [Mr. HATFIELD] is the question, then, the matter of fin- bit, but I think it is still one of the necessarily absent. ishing amendments or some other pro- major problems we face in administer- I further announce that, if present cedural thing that has to be attended ing Government, is getting these polit- and voting, the Senator from Oregon to? ical appointees, not just reducing their [Mr. HATFIELD] would vote ‘‘nay’’. Otherwise, Mr. President, I have been overall numbers, but getting them to Mr. FORD. I announce that the Sen- waiting here for about 2 hours. come in and stay long enough to do the ator from Arkansas [Mr. PRYOR] is ab- Mr. SHELBY. I respond to the Sen- job for which they were appointed to sent because of illness in the family. ator from New Jersey that I have a September 12, 1996 CONGRESSIONAL RECORD — SENATE S10373 couple of things. I would like to adopt during any calendar year with respect to not ‘‘(B) MINIMUM REQUIREMENTS FOR ANNUAL the committee amendment, the motion more than 2 commemorative coin programs. AUDITS.—At a minimum, each audit of a des- failed to table a few minutes ago, and ‘‘(2) MINTAGE LEVELS.— ignated recipient organization pursuant to ‘‘(A) IN GENERAL.—Except as provided in subparagraph (A) shall report— I would like to move to reconsider the subparagraph (B), in carrying out any com- ‘‘(i) the amount of payments received by vote. I have a unanimous-consent to memorative coin program, the Secretary the designated recipient organization from modify an amendment. It will take 2 shall mint— the fund during the fiscal year of the organi- minutes at the most. ‘‘(i) not more than 750,000 clad half-dollar zation for which the audit is conducted that Senator SPECTER also has been trying coins; are derived from the proceeds of any sur- to speak. ‘‘(ii) not more than 500,000 silver one-dollar charge imposed on the sale of any numis- Mr. LAUTENBERG. I have been wait- coins; and matic item; ing for recognition. I ask unanimous ‘‘(iii) not more than 100,000 gold five-dollar ‘‘(ii) the amount expended by the des- or ten-dollar coins. ignated recipient organization from the pro- consent to permit the manager to dis- ‘‘(B) EXCEPTION.—If the Secretary deter- ceeds of such surcharges during the fiscal pose of the committee business with mines, based on independent, market-based year of the organization for which the audit the right to regain the floor after the research conducted by a designated recipient is conducted; and manager has disposed. organization of a commemorative coin pro- ‘‘(iii) whether all expenditures by the des- Mr. SPECTER. Reserving the right gram, that the mintage levels described in ignated recipient organization during the fis- to object, I worked it out with the subparagraph (A) are not adequate to meet cal year of the organization for which the manager 5 minutes to speak after he public demand for that commemorative coin, audit is conducted from the proceeds of such finished the business matters. If I could the Secretary may waive one or more of the surcharges were for authorized purposes. requirements of subparagraph (A) with re- ‘‘(C) RESPONSIBILITY OF ORGANIZATION TO be incorporated in that, I shall not be spect to that commemorative coin program. ACCOUNT FOR EXPENDITURES OF SURCHARGES.— long. I would not raise an objection. I ‘‘(C) DESIGNATED RECIPIENT ORGANIZATION Each designated recipient organization that worked it out with the manager. DEFINED.—For purposes of this paragraph, receives any payment from the fund of any Mr. LAUTENBERG. Mr. President, it the term ‘designated recipient organization’ amount derived from the proceeds of any is my understanding that recognition means any organization designated, under surcharge imposed on the sale of any numis- is given based on the request from the any provision of law, as the recipient of any matic item shall take appropriate steps, as a floor. Now, I do not want to get stuck surcharge imposed on the sale of any numis- condition for receiving any such payment, to matic item.’’. ensure that the receipt of the payment and on this too much but I have been wait- (b) RECOVERY OF MINT EXPENSES REQUIRED the expenditure of the proceeds of such sur- ing a long time. I would indulge the BEFORE PAYMENT OF SURCHARGES TO ANY RE- charge by the organization in each fiscal Senator from Pennsylvania if I have an CIPIENT ORGANIZATION.— year of the organization can be accounted for assurance that it would be no more (1) CLARIFICATION OF LAW RELATING TO DE- separately from all other revenues and ex- than 5 minutes of time that he would POSIT OF SURCHARGES IN THE NUMISMATIC PUB- penditures of the organization. occupy. LIC ENTERPRISE FUND.—Section 5134(c)(2) of ‘‘(D) SUBMISSION OF AUDIT REPORT.—Not I would be happy to modify my unan- title 31, United States Code, is amended by later than 90 days after the end of any fiscal inserting ‘‘, including amounts attributable year of a designated recipient organization imous-consent agreement if that is the to any surcharge imposed with respect to the for which an audit is required under subpara- understanding we can get. sale of any numismatic item’’ before the pe- graph (A), the organization shall— Mr. SPECTER. Mr. President, that is riod. ‘‘(i) submit a copy of the report to the Sec- what I understand. (2) CONDITIONS ON PAYMENT OF SURCHARGES retary of the Treasury; and Mr. LAUTENBERG. Therefore, Mr. TO RECIPIENT ORGANIZATIONS.—Section 5134 of ‘‘(ii) make a copy of the report available to President, I ask unanimous consent title 31, United States Code, is amended by the public. that the manager have the opportunity adding at the end the following new sub- ‘‘(E) USE OF SURCHARGES FOR AUDITS.—Any section: to clear up committee business, that designated recipient organization that re- ‘‘(f) CONDITIONS ON PAYMENT OF SUR- ceives any payment from the fund of any the Senator from Pennsylvania be rec- CHARGES TO RECIPIENT ORGANIZATIONS.— amount derived from the proceeds of any ognized for not more than 5 minutes, ‘‘(1) PAYMENT OF SURCHARGES.—Notwith- surcharge imposed on the sale of any numis- and that I then regain the right to the standing any other provision of law, no matic item may use the amount received to floor. amount derived from the proceeds of any pay the cost of an audit required under sub- The PRESIDING OFFICER. Is there surcharge imposed on the sale of any numis- paragraph (A). objection? matic item shall be paid from the fund to ‘‘(F) WAIVER OF PARAGRAPH.—The Sec- Without objection, it is so ordered. any designated recipient organization un- retary of the Treasury may waive the appli- less— Mr. SHELBY. Mr. President, I ask cation of any subparagraph of this paragraph ‘‘(A) all numismatic operation and pro- to any designated recipient organization for unanimous consent to set aside the gram costs allocable to the program under any fiscal year after taking into account the Kassebaum amendment temporarily. which such numismatic item is produced and amount of surcharges that such organization The PRESIDING OFFICER. Without sold have been recovered; and received or expended during such year. objection, it is so ordered. ‘‘(B) the designated recipient organization ‘‘(G) NONAPPLICABILITY TO FEDERAL ENTI- AMENDMENT NO. 5273, AS MODIFIED submits an audited financial statement that TIES.—This paragraph shall not apply to any Mr. SHELBY. Mr. President, I ask demonstrates to the satisfaction of the Sec- Federal agency or department or any inde- retary of the Treasury that, with respect to pendent establishment in the executive that a modification be made to amend- all projects or purposes for which the pro- branch that receives any payment from the ment No. 5273, which was previously ceeds of such surcharge may be used, the or- fund of any amount derived from the pro- adopted. This has been cleared by the ganization has raised funds from private ceeds of any surcharge imposed on the sale of ranking member, Senator KERREY. I sources for such projects and purposes in an any numismatic item. send the modification to the desk. amount that is equal to or greater than the ‘‘(H) AVAILABILITY OF BOOKS AND The PRESIDING OFFICER. The Sen- maximum amount the organization may re- RECORDS.—An organization that receives any ator has that right. The amendment is ceive from the proceeds of such surcharge. payment from the fund of any amount de- so modified. ‘‘(2) ANNUAL AUDITS.— rived from the proceeds of any surcharge im- ‘‘(A) ANNUAL AUDITS OF RECIPIENTS RE- posed on the sale of any numismatic item The amendment (No. 5273), as modi- QUIRED.—Each designated recipient organiza- shall provide, as a condition for receiving fied, is as follows: tion that receives any payment from the any such payment, to the Inspector General At the end of title V of the bill, insert the fund of any amount derived from the proof the Department of the Treasury or the following new sections: ceeds of any surcharge imposed on the sale of Comptroller General of the United States, SEC. 5ll. COMMEMORATIVE COIN PROGRAM RE- any numismatic item shall provide, as a con- upon the request of such Inspector General FORM. dition for receiving any such amount, for an or the Comptroller General, all books, (a) COMMEMORATIVE COIN PROGRAM RE- annual audit, in accordance with generally records, and work papers belonging to or STRICTIONS.—Section 5112 of title 31, United accepted government auditing standards by used by the organization, or by any inde- States Code, as amended by sections 524 and an independent public accountant selected pendent public accountant who audited the 530 of this Act, is amended by adding at the by the organization, of all such payments to organization in accordance with subpara- end the following new subsection: the organization beginning in the first fiscal graph (A), which may relate to the receipt or ‘‘(m) COMMEMORATIVE COIN PROGRAM RE- year of the organization in which any such expenditure of any such amount by the orga- STRICTIONS.— amount is received and continuing until all nization. ‘‘(1) MAXIMUM NUMBER.—Beginning Janu- amounts received by such organization from ‘‘(3) USE OF AGENTS OR ATTORNEYS TO INFLU- ary 1, 1999, the Secretary may mint and issue the fund with respect to such surcharges are ENCE COMMEMORATIVE COIN LEGISLATION.—No commemorative coins under this section fully expended or placed in trust. portion of any payment from the fund to any S10374 CONGRESSIONAL RECORD — SENATE September 12, 1996 designated recipient organization of any (e) EFFECTIVE DATE.—This section and the port by the Intelligence Committee, amount derived from the proceeds of any amendments made by this section shall take that there was intelligence failure is, surcharge imposed on the sale of any numis- effect on the date of enactment of this Act. simply stated, preposterous. It was ob- matic item may be used, directly or indi- SEC. 5ll. MINT MANAGERIAL STAFFING RE- vious that that fence had to be moved rectly, by the organization to compensate FORM. any agent or attorney for services rendered Section 5131 of title 31, United States Code, back. That issue has been raised in to support or influence in any way legisla- is amended— hearings before the Senate oversight tive action of the Congress relating to such (1) by striking subsection (c); and committees and has not yet been an- numismatic item. (2) by redesignating subsection (d) as sub- swered by top officials in the Pentagon. ‘‘(4) DESIGNATED RECIPIENT ORGANIZATION section (c). Requests have been made for the DEFINED.—For purposes of this subsection, Mr. SHELBY. Mr. President, I yield oversight committees to be informed the term ‘designated recipient organization’ the floor. about what military personnel made means any organization designated, under what request of Saudi officials and any provision of law, as the recipient of any The PRESIDING OFFICER. The Sen- surcharge imposed on the sale of any numis- ator from Pennsylvania is recognized. what the responses of those Saudi offi- matic item.’’. f cials were, and no information has been (3) SCOPE OF APPLICATION.—The amend- provided to the oversight committees. ments made by this section shall apply with NO INTELLIGENCE FAILURE IN The Intelligence Committee asked respect to the proceeds of any surcharge im- SAUDI ARABIA ranking DOD officials what the obliga- posed on the sale of any numismatic item Mr. SPECTER. Mr. President, I tion was to report up the chain of com- that are deposited in the Numismatic Public thank the distinguished managers and mand any failure by Saudi officials to Enterprise Fund after the date of the enact- my colleague from New Jersey for a move the fence back, and that has not ment of this Act. been done. (4) REPEAL OF EXISTING RECIPIENT REPORT brief opportunity to comment about a But on the face of this record, Mr. REQUIREMENT.—Section 302 of Public Law trip which I made to Saudi Arabia, to 103–186 (31 U.S.C. 5112 note) is repealed. Dhahran on August 25 and Riyadh on President, it is plain that there has not (c) QUARTERLY FINANCIAL REPORTS.—Sec- August 26, and a report made by the been a failure of intelligence on the tion 5134 of title 31, United States Code, is staff of the Intelligence Committee. terrorist attack at Khobar Towers on amended by adding at the end the following Mr. President, the Khobar Towers at June 25, 1996. new subsection: Dhahran, Saudi Arabia, was the scene The United States Code requires that ‘‘(g) QUARTERLY FINANCIAL REPORTS.— the oversight Intelligence Committee ‘‘(1) IN GENERAL.—Not later than the 30th of a tragic terrorist attack killing 19 day of each month following each calendar Americans and wounding hundreds of be informed of significant intelligence quarter through and including the final pe- other Americans. There has been a sug- failures. My conclusion is that there riod of sales with respect to any commemo- gestion made that there was an intel- was no such intelligence failure, but, in rative coin program authorized on or after ligence failure leading to that attack. fact, there was a failure of DOD offi- the date of enactment of the Treasury, Post- In my capacity as chairman of the In- cials to follow up on a well-known and al Service, and General Government Appro- telligence Committee, the committee obvious terrorist threat. priations Act, 1997, the Mint shall submit to I ask unanimous consent that the the Congress a quarterly financial report in has made an exhaustive study of this subject, and I made a personal visit to full text of the report by the staff of accordance with this subsection. the Intelligence Committee be printed ‘‘(2) REQUIREMENTS.—Each report submit- Saudi Arabia, to Dhahran on August 25 in the RECORD. ted under paragraph (1) shall include, with and Riyadh on August 26, and my per- There being no objection, the mate- respect to the calendar quarter at issue— sonal conclusion, backed up by the rial was ordered to be printed in the ‘‘(A) a detailed financial statement, pre- staff report, was that there was no in- RECORD, as follows: pared in accordance with generally accepted telligence failure. accounting principles, that includes finan- In fact, in the preceding year, there EXECUTIVE SUMMARY cial information specific to that quarter, as had been more than 100 intelligence re- In the wake of the June 25, 1996, deadly well as cumulative financial information re- bombing at the Khobar Towers housing com- lating to the entire program; ports on alerts of a general nature, and plex Saudi Arabia, the Senate Select Com- ‘‘(B) a detailed accounting of— very specific reports on an alert to the mittee on Intelligence staff undertook an in- ‘‘(i) all costs relating to marketing efforts; danger of a car bomb at Khobar Tow- quiry to determine the adequacy of the intel- ‘‘(ii) all funds projected for marketing use; ers. That was the essence of a report by ligence concerning the terrorist threat situa- ‘‘(iii) all costs for employee travel relating the Office of Special Investigations of tion in Saudi Arabia. The Committee staff to the promotion of commemorative coin the U.S. Air Force in January 1996. reviewed the collection posture, the analyt- programs; There had been previous reports about ical products available and the dissemina- ‘‘(iv) all numismatic items minted, sold, tion of threat information. not sold, and rejected during the production terrorist attacks at Khobar Towers— the same report about a car bombing, CONCLUSION process; and The Khobar Towers tragedy was not the re- ‘‘(v) the costs of melting down all rejected which, in fact, did take place in Riyadh sult of an intelligence failure. and unsold products; on November 13, 1995, claiming the Threat level ‘‘(C) adequate market-based research for lives of five Americans; the State De- Intelligence regarding the terrorist threat all commemorative coin programs; and partment alert on June 13, just 12 days ‘‘(D) a description of the efforts of the Mint in Saudi Arabia was sufficient to prompt the before the terrorist attack; and a re- Defense Intelligence Agency (DIA), in July in keeping the sale price of numismatic port by the Defense Intelligence Agen- 1995, to raise the Terrorist Threat Level for items as low as practicable.’’. (d) CITIZENS COMMEMORATIVE COIN ADVI- cy on June 17, just 8 days before the at- Saudi Arabia From Low to Medium. Reporting from enhanced intelligence ef- SORY COMMITTEE.— tack, which emphasized the vulner- forts following the November 13, 1995 bomb- (1) FIXED TERMS FOR MEMBERS.—Section ability of the area and the necessity for ing of the Office of the Program Manager, 5135(a)(4) of title 31, United States Code, is increased security. Specifically, what Saudi Arabian National Guard (OPM-SANG), amended to read as follows: the DIA report said about Khobar Tow- in which 5 Americans were killed by a car ‘‘(4) TERMS.—Each member appointed ers, with a large picture, was, ‘‘A pat- bomb, prompted DIA to raise the Threat under clause (i) or (iii) of paragraph (3)(A) tern appears to be developing that war- Level to High, where it stayed until the shall be appointed for a term of 4 years.’’. rants improved security efforts.’’ Khobar Towers bombing. (2) CHAIRPERSON.—Section 5135(a) of title The threat in Saudi Arabia is now consid- 31, United States Code, is amended by adding Notwithstanding these warnings, improved security efforts were not under- ered Critical—the highest Threat Level on at the end the following new paragraph: the Department of Defense scale. ‘‘(7) CHAIRPERSON.— taken by the Pentagon, by ranking Collection ‘‘(A) IN GENERAL.—Subject to subparagraph military-civilian DOD authorities. (B), the Chairperson of the Advisory Com- I visited the scene, Mr. President, The U.S. intelligence Community in Saudi Arabia gave its highest priority to the ter- mittee shall be elected by the members of and was amazed to see how close that the Advisory Committee from among such rorist target and aggressively collected fence was to those towers—less than 60 against a range of internal and external members. feet away, which was an open and noto- ‘‘(B) EXCEPTION.—The member appointed threats including Iran, Hizballah, and others. pursuant to paragraph (3)(A)(ii) (or the alter- rious invitation to terrorism. For any- Analysis nate to that member) may not serve as the body to say, on the basis of this record, From April 1995 through the time of the Chairperson of the Advisory Committee, be- on the basis of what I have personally Khobar Towers bombing in June 1996 the in- ginning on June 1, 1999.’’. observed, and on the basis of a staff re- telligence analytic community published September 12, 1996 CONGRESSIONAL RECORD — SENATE S10375 more than 100 products on the topic of ter- Security Agency, the State Department and cording to a recent report by the House Na- rorism on the Arabian peninsula. Among others. The staff also interviewed individuals tional Security Committee, the size of the these were several Counter Terrorism Center in the Intelligence Community, the Defense blast indicates that the truck carried be- Threat Assessments and DIA Threat indica- Department, and the State Department and tween 3,000 and 5,000 pounds of explosives. In tors. accompanied the Chairman of the Commit- addition to the American causalities, hun- Among the most significant analytical tee, Senator Arlen Specter, on a trip to dreds of Saudi and third country nationals products were the June 13, 1996 Department Dhahran, Riyadh, and Jeddah, Saudi Arabia living in the complex and immediate vicinity of State, Bureau of Intelligence and Re- and other Middle East countries from August were also wounded. U.S. intelligence experts search report and the June 17, 1996 Military 24–29, 1996. and 4404th Wing leaders have concluded that Intelligence Digest article outlining numer- During and immediately following the Americans were the target of the terrorist ous suspicious incidents that had occurred at visit to Saudi Arabia and the Middle East, attack. Khobar Towers, which noted that ‘‘a pattern Committee staff interviewed field command- The attack at Khobar Towers was the sec- appears to be developing that warrants im- ers and military personnel who played a crit- ond major terrorist incident directed at U.S. proved security efforts.’’ ical force protection and security role just interests, and U.S. military presence specifi- The above warnings incorporated intel- prior to and immediately after the blast. The cally, in Saudi Arabia in the past year. On ligence such as (1) ongoing Iranian and radi- staff also interviewed the FBI lead investiga- November 13, 1995, a car bomb containing ap- cal Islamic fundamentalist groups’ attempts tor on the scene in Dhahran, as well as top proximately 250 pounds of explosives deto- to target American servicemen in Saudi Ara- ranking Intelligence Community personnel. nated outside the headquarters of the Office bia for terrorist acts; (2) the heightened Finally, the staff accompanied Senator Spec- of the Program Manager of the Saudi Ara- threat that accompanied the execution, carter to meetings with Saudi Crown Prince bian National Guard (OPM–SANG) in Ri- ried out on May 31, of the four suspects in Abdullah and Defense Minister Sultan while yadh. The building was used by American the November OPM-SANG attack; and (3) in Jeddah, as well as other Middle East lead- military forces as a training facility for well before the Khobar attack, there was reers with unique insight into terrorist activ- Saudi military personnel. Five Americans porting that Khobar might be the target of a ity in the region such as Prime Minister died and 34 were wounded in this attack. bombing attempt. Netanyahu of Israel, President Assad of Prior to this incident DIA categorized the Vulnerability assessments Syria, and President Arafat of the Palestin- threat to Americans in Saudi Arabia as me- The Air Force Office of Special Investiga- ian Authority. dium. Six weeks after this incident, that tions (AFOSI) conducted a vulnerability as- Since the Khobar blast, the Senate Select threat level was raised to high. Committee on Intelligence has held seven sessment of the Khobar Towers facility and ADEQUACY OF INTELLIGENCE hearings focusing on terrorism, Saudi, Arbia, published its findings in January 1996. Collection This AFOSI assessment highlighted var- and support to the military in the region. Pursuant to Presidential Decision Direc- ious weakness that could be exploited by ter- The Committee received testimony from tive 35 (PDD–35), terrorism targets in the rorists, but emphasized the particular vul- Secretary of Defense William J. Perry, CIA Middle East are Tier 1 targets and receive nerability of perimeter security given the Director John Deutch, FBI Director Louis the highest priority for collection. Thus, cur- proximity of the outside fence to many of Freeh, numerous other Administration offi- rent Director of Central Intelligence John the buildings as well as the lack of the pro- cials, academicians and other experts. Deutch has placed from the beginning of his tective coating Mylar on the windows of the BACKGROUND tenure the utmost urgency on collection Khobar Towers compound where Americans On June 25, 1996, at approximately 10:00 against these targets. were housed. p.m. local time, a massive explosion shook Even prior to the issuance of PDD–35, how- In fact, this weakness had already come to the Khobar Towers housing compound in ever, the U.S. intelligence collection posture the attention of the base security personnel, Dhahran, Saudi Arabia. The blast killed 19 in Saudi Arabia had shifted focus. In late who approached the Saudis with a request to American military service personnel and at 1994, the U.S. Intelligence Community in move the perimeter 10 feet back. The request least one Saudi civilian, wounded more than Saudi Arabia began reporting an increase in to move the fence, made initially in Novem- 200 Americans and injured hundreds of other threatening activity directed against Ameri- ber 1995, was still pending in June 1996, but civilians. At the time, the Khobar Towers cans in the region. Much of this heightened successive base commanders did not push complex was home for the airmen of the U.S. activity was carried out by agents of Iran, hard enough for a meaningful movement of Air Force’s 4404th Fighter Wing (Provisional) either alone or in cooperation with elements the fence for fear of offending host country under the operational command the U.S. of regional radical Islamic fundamentalists. sensibilities. Central Command (USCENTCOM). The com- During a visit to Saudi Arabia in December The recommendation concerning Mylar plex also housed forces from the United 1994, DCI James Woolsey raised with senior was made part of a ‘‘five-year plan’’ for secu- Kingdom, France, and Saudi Arabia partici- Saudi officials the CIA concern over Iranian rity enhancements on the compound and pating in the United Nations effort to en- intentions and activities in the region. thus had been delayed indefinitely at the force the ‘‘no-fly’’ zone in southern Iraq. Upon his confirmation in May 1995, Deutch time of the June 25 attack. Before the explosion, American personnel concentrated immediately upon the issue of at an observation post on the roof of Build- Dissemination antiterrorism and force protection as a top ing 131 at the northeast corner of the Khobar Analytical products, threat and vulner- priority. Deutch visited Saudi Arabia on Oc- complex reported seeing a fuel truck and a ability assessments, and valuable raw intel- tober 22, 1995, and raised with senior Saudi car approach the northwest end of the ligence were readily available to senior mili- officials his ‘‘serious concerns’’ over Iranian Khobar Towers compound from the north tary commanders in Saudi Arabia and their intentions in the region as he emphasized and turn east onto 31st Street just outside civilian counterparts at the Pentagon. the commitment of the United States to the perimeter fence separating the Among the most significant were monthly fighting the terrorist threat. Deutch also compound from a public parking lot. The briefings prepared and presented in Saudi dispatched other senior CIA officials to truck and the car that it was following trav- Arabia beginning in April 1995 that informed Saudi Arabia for detailed discussions of how eled along the perimeter fence toward the senior military commanders of the three to address this problem. Intelligence was fo- northeast corner of the compound and then most vulnerable U.S. installations in Saudi cused during this period on Iranian stopped. A car already in place and facing Arabia; of the three, two have been attacked operatives in the Eastern Province who were the two approaching vehicles flashed its (OPM-SANG and Khobar Towers) and the attempting to gather intelligence on the lights, presumably to signal to them that third (the PX Commissary in Riyadh) has Dhahran Air Base. their approach was ‘‘all clear.’’ The two com- been closed. After the OPM–SANG attack on November panion vehicles then continued to travel SENATE SELECT COMMITTEE ON INTELLIGENCE 13, 1995, collection against terrorist targets along the perimeter fence. When the vehicles STAFF REPORT ON THE KHOBAR TOWERS in general intensified. Intelligence Commu- reached a point adjacent to Building 131, TERRORIST ATTACK nity personnel interviewed in Saudi Arabia they turned left pointing away from the said that almost all of their time was de- SCOPE, OBJECTIVES, AND METHODOLOGY building, and stopped. The fuel truck backed voted to counterterrorism and force protec- The Staff of the Senate Select Committee into the hedges along the perimeter fence dition issues and much of this work was driven on Intelligence has conducted a preliminary rectly in front of Building 131 as the third by the requirements of the military com- inquiry into the United States Intelligence car idled and then departed. Two men exited manders in the theater. Community’s collection, analysis and dis- from the truck and hurried into the remain- semination of intelligence concerning terror- ing car, which then sped away. Analysis ist threats in Saudi Arabia prior to the June Noting this suspicious activity, the U.S. By March 1995, the Intelligence Commu- 25, 1996, bombing at the Khobar Towers hous- personnel at the Building 131 observation nity had determined that Iranian operations ing complex in Dhahran, Saudi Arabia. The post began an evacuation, but within three in Saudi Arabia were no longer simply intel- Committee staff reviewed raw and finished to four minutes the bomb exploded, com- ligence gathering activities but contained intelligence produced from late 1994 through pletely demolishing the front facade of this the potential for the execution of terrorist June 1996. These products include reports eight-story building. The explosion severely acts. It had been previously learned that from the Central Intelligence Agency, the damaged five adjacent buildings and blew weapons and explosives had been moved in Defense Intelligence Agency, the National out windows throughout the compound. Ac- and stored in apparent support of these acts. S10376 CONGRESSIONAL RECORD — SENATE September 12, 1996 From the period beginning in April 1995 more regular basis on the serious terrorist bassy, at which the threat intelligence and through the time of the Khobar Towers threat to U.S. military personnel in the re- vulnerability assessments were discussed. bombing in June 1996, the Intelligence Com- gion. The military, based upon these threats, Third, after the OPM–SANG bombing an munity issued finished analysis that clearly sent out a general threat advisory to remain Emergency Action Committee composed of highlighted the ongoing and increasing ter- in effect through June 15, 1996. The plan was the most senior military and intelligence of- rorist threat in Saudi Arabia. The CIA and apparently to supplement this general threat ficials in the region met regularly and dis- DCI’s Counter Terrorism Center (CTC) issued notice with the regular briefings. cussed threat intelligence and vulnerability at least 41 different reports on terrorism on On April 30, 1995, the briefings were ex- information as the major topic at each meet- the Arabian peninsula. Ten of these were panded to include the ‘‘working level’’ coming. specific threat assessments and six were CTC manders in the various units in Saudi Ara- As discussed above, senior military com- commentaries focused on the threat to U.S. bia. As part of these briefings, Major General manders in the region were fully briefed on personnel in Saudi Arabia. Franklin put out an advisory to senior mili- the vulnerability and intelligence threat in- During the same period, the Defense Intel- tary commanders including the following: formation. Further, General Shalikashvili, ligence Agency produced more than 60 intel- ‘‘Our facilities and access procedures should Chairman of the Joint Chiefs of Staff, was ligence products on the terrorist threat in be reexamined to ensure we are doing the briefed at length on all intelligence and vul- Saudi Arabia. Many of these were factual in necessary things to minimize unauthorized nerability assessments by the senior intel- nature, reporting on terrorist incidents such individuals or vehicles from entering our ligence officer in Saudi Arabia in May 1996. as the OPM–SANG bombing, but many oth- compounds. Of special concern are unat- This officer referred to his briefing of Gen- ers reflected the Intelligence Community’s tended vehicles parked near entrances and eral Shalikashvili as ‘‘intense and to the analytical judgment of higher threat levels. exits or close to our work and living areas.’’ point’’ concerning the threat and vulner- In July 1995, DIA raised the terrorist threat At the same time Major General Boice, ability information. Also, senior military level for Saudi Arabia from Low to Medium. Commander of the U.S. Military Training commanders in the regions were quite famil- After the OPM–SANG attack, the threat Mission increased the threat posture for the iar with the Long Commission Report of the level was raised again to High where it troops under his command from ‘‘no security Beirut bombing in 1983, which destroyed the stayed until the Khobar Towers bombing. threat’’ to ‘‘threat alpha.’’ On June 25, 1995 U.S. Marine barracks, killing 241 Marines.6 The threat in Saudi Arabia is now considered Security officers from across the Kingdom THERE WAS NOT AN INTELLIGENCE FAILURE Critical—the highest threat level on the DIA held the first monthly (and later weekly, Section 502 of the National Security Act of scale. Perhaps the most significant single after OPM–SANG) counter-intelligence/force 1947 makes it incumbent upon the Director DIA analytical product was a June 17, 1996 protection meeting. of Central Intelligence, as well as the heads In sum, prior to the OPM–SANG bombing Military Intelligence Digest article outlining of all departments, agencies, and other enti- there was extensive information available to numerous suspicious incidents that had oc- ties of the United States Government in- U.S. personnel in Saudi Arabia concerning curred at Khobar Towers and noting that ‘‘a volved in intelligence activities to: ‘‘* * * the nature of the threat posed by Iranian and pattern appears to be developing that war- keep the intelligence committees [House and other terrorist groups. After the OPM–SANG rants improved security efforts.’’ This report Senate] fully and currently informed of all bombing, more specific intelligence threat followed only four days after the Department intelligence activities. . . . including any information became available. Notable of State, Bureau of Intelligence and Re- . . . significant intelligence failure’’; 50 United search published ‘‘Saudi Arabia/Terrorism: among these are: Well before the Khobar attack, there was States Code § 413a*(1)(italic added). US Targets?’’ focusing attention on the same The totality of the threat information reporting that Khobar might be the target of series of incidents occurring at the Khobar available to the Department of Defense, as a bombing attempt; there were a variety of facility. well as the posture of the Intelligence Com- reports in 1996 indicating that large quan- Some officials prior to June 25 bombing be- munity at the time of the Khobar Towers tities of explosive had been smuggled into lieved that the earlier events and planning bombing makes clear that an intelligence the Eastern province of Saudi Arabia; for terrorist acts were actually leading up to failure, either in collection, dissemination or threats from associates of those Saudi dis- a larger bombing campaign against U.S. analysis, did not occur. Military command- sidents beheaded by the Saudi government forces in the Eastern province. These offi- ers in the region and in Washington received on May 31, 1996 for their alleged role in the cials postulated after the June 25 attack highly relevant threat information for a year November 13, 1995 bombing of OPM–SANG; 3 a that Khobar Towers was the likely end-game and a half prior to the Khobar Towers bomb- Department of State, Bureau of Intelligence of the earlier bombing scheme. ing. Intelligence personnel in the region and Research report on June 13, 1996 focusing Dissemination briefed this information exhaustively attention on a series of incidents around the throughout the region, and the DCI The emphasis that the DCIs placed on pro- Khobar facility; and a June 17, 1996 Pentagon Counterterrorism Center ensured that senior viding intelligence for force protection was intelligence report highlighting the same in- policymakers in Washington were made reflected by the U.S. intelligence officers in cidents at Khobar Towers concluding that a aware of the threat and vulnerability infor- the field as well. As early as January 1995 in- suspicious ‘‘pattern [of surveillance of the mation. telligence officers briefed the commander of Khobar compound’s perimeter and other Joint Task Force/SouthWest Asia (JTF/ similar incidents] seems to be developing CONCLUSION SWA) and the commander of the Air Base in that warrants improved security efforts;’’ Regarding the question of the adequacy of Dhahran of the serious threat posed to U.S. In addition, military commanders in the the collection, analysis and dissemination of forces in the Eastern province. region were very familiar with the terrorism intelligence concerning terrorist threats in These briefings continued throughout 1995. vulnerability assessment of the Khobar Tow- Saudi Arabia to Defense Department offi- The incoming JTF/SWA commander, Major ers compound conducted by the Air Force Of- cials in Washington and military command- General Franklin, and his Deputy, Admiral fice of Special Investigations (OSI) in Janu- ers in the field prior to the June 25, 1996, Irwin, were briefed on March 16, 1995 along ary 1996. Included within the OSI vulner- bombing at the Khobar Towers housing com- with General Keck, Commander of the 4404th ability assessment is a ‘‘threat scenario,’’ plex, the available information leads the Air Wing, on the most recent intelligence.1 based upon a State Department threat warn- Committee staff to conclude that the U.S. Follow up briefings were ordered for JTF/ ing system, that included: ‘‘an assessment Intelligence Community provided sufficient SWA command and security personnel to that a ‘park and abandon’ car bomb was a information not only to suggest active ter- alert them to the threat. By April 5, 1995, all threat to the compound’s security, and an rorist targeting of U.S. personnel and facili- senior military commanders in the region additional assessment that moving back the ties, but also to predict probable terrorist had received detailed briefings on the threat perimeter fence would lessen the damage targets. Further, having concluded that the posed by the increased Iranian presence and that would result from a ‘park and abandon’ DCI was fully cognizant of and attentive to activity in the area. car bomb; 4 a recommendation for the addi- the force protection issues in the Eastern On April 20, 1995 the senior U.S. intel- tional security measure of Mylar protective Province prior to the June 25 attack, and ligence official in Saudi Arabia briefed the coating on the compound’s windows to avoid that consecutive DCIs ensured that this top military commanders in the region on shattering and fragmentation of glass; the force protection information was dissemi- the Iranian plotting against U.S. military Air Force made this recommendation part of nated to proper Defense Department recipi- personnel in Saudi Arabia. Discussions were a 5-year plan and thus delayed the addition ents, the Committee staff concludes that an held on actions to be taken to beef up secu- of Mylar indefinitely.’’ 5 intelligence failure did not occur. Therefore, rity awareness at various installations This intelligence and the vulnerability as- the Director of Central Intelligence is not throughout Saudi Arabia where a U.S. mili- sessments were combined in three separate obligated to report a significant intelligence tary presence existed. The intelligence offi- but related series of meetings. First, a failure to the intelligence oversight commit- cial provided his assessments on the ‘‘softest monthly force protection meeting was con- tees pursuant to Section 502(1) of the Na- targets’’ in the kingdom (OPM–SANG, vened, co-chaired by the Defense Attache tional Security Act of 1947. Khobar Towers, and the PX-Commissary in and senior intelligence officer. These force FOOTNOTES Riyadh).2 A decision was then made to brief protection meetings were made more fre- all military commanders in the region on a 1 An April 3, 1995, a U.S. intelligence cable noted quent (once a week) following the OPM– that ‘‘U.S. military commanders here are very/very SANG bombing. Second, regular political- concerned about the Iranian efforts in Saudi Ara- Footnotes at end of article. military meetings were held at the U.S. Em- bia.’’ September 12, 1996 CONGRESSIONAL RECORD — SENATE S10377 2 After this briefing, the Commander of OPM– SEC. ll. GUN BAN FOR INDIVIDUALS COMMIT- ate adopted this exact proposal as an SANG, General Nash, approached the same intel- TING DOMESTIC VIOLENCE. amendment to the antistalking bill in ligence official to express concern for physical secu- (a) DEFINITIONS.—Section 921(a) of title 18, rity at the OPM–SANG facility and to specifically United States Code, is amended by adding at late July. Unfortunately, when it got ask the official to pass along his concern to U.S. and the end the following new paragraph: to the House of Representatives they, Saudi intelligence and security officials, which he despite a commitment of support, let it did. ‘‘(33) The term ‘crime involving domestic 3 Between May 31 (the date of the execution of the violence’ means a felony or misdemeanor be known that they will not let this alleged OPM–SANG co-conspirators) and the date of crime of violence, regardless of length, term, ‘‘no guns for domestic abuser’’ amend- the Khobar bombing on June 25, a primary focus of or manner of punishment, committed by a ment survive. They will not act on the intelligence was on the threat of associates of the current or former spouse, parent, or guard- executed individuals seeking revenge against U.S. antistalking bill, and there is no indi- ian of the victim, by a person with whom the cation that they intended to do so at persons. victim shares a child in common, by a person 4 Senator Specter and staff found the distance to who is cohabiting with or has cohabited with any time soon. Since the stalking bill be slightly less than 60 feet from the perimeter fence may not become law, we, therefore, to the front of Building 131. This is significant be- the victim as a spouse, parent, or guardian, cause (a) the Defense Department had previously or by a person similarly situated to a spouse, need to pursue another vehicle that has placed the distance at 80 feet; (b) according to the parent, or guardian of the victim under the a realistic chance of being enacted, and House National Security Committee in a recent domestic or family violence laws of the juris- this is one of the few such vehicles restudy, the AFOSI report makes clear that targets diction in which such felony or misdemeanor maining. closest to perimeter most vulnerable; and (c) the was committed.’’. AFOSI report concluded that ‘‘every effort should be Mr. President, this amendment ought (b) UNLAWFUL ACTS.—Section 922 of title made to maximize the distance between a given not to be controversial. As I said, it structure and a potential threat.’’ It is also signifi- 18, United States Code, is amended— cant because the military commanders apparently (1) in subsection (d)— passed unanimously before as an never asked the Saudis to move the fence back 400 (A) by striking ‘‘or’’ at the end of para- amendment to the stalking bill. That feet, as DoD had previously claimed. The request graph (7); happened only after Senators, like Sen- was instead to move the fence back 10 feet, which (B) by striking the period at the end of ator LOTT, Senator DASCHLE, Senator the Saudis quite correctly deemed a purely cosmetic paragraph (8) and inserting ‘‘; or’’; and and de minimus action and did not take seriously. CRAIG, Senator HUTCHISON, and I, got 5 Accordingly to tests conducted by military ex- (C) by inserting after paragraph (8) the fol- together and reached an agreement on perts since the Khobar attack, even if a bomb the lowing new paragraph: changes to my original proposal. The size of OPM–SANG had been used (250 pounds) rather ‘‘(9) has been convicted in any court of any than the 3000–5000 pound device that a House Na- crime involving domestic violence, if the in- compromise that we reached was ac- tional Security Committee report said was used at dividual has been represented by counsel or ceptable to all involved, even if none of Khobar Towers, there would still have been 12 fatali- knowingly and intelligently waived the right us was entirely happy. That is the way ties because the glass on the windows of Building 131 to counsel.’’; it usually has to be with any com- were not treated with Mylar to prevent shattering (as had been recommended by the OSI report). (2) in subsection (g)— promise. 6 The Secretary of Defense has recently testified (A) by striking ‘‘or’’ at the end of para- So, again, this amendment is iden- that the military was not prepared for a bomb the graph (7); tical to that proposal and should not be size of the Khobar device because an explosive that (B) in paragraph (8), by striking the large was unheard of in the region. This testimony comma and inserting ‘‘; or’’; and controversial. I would also note that is inconsistent with the fact that the U.S. Marine (C) by inserting after paragraph (8) the fol- since the Senate approved this proposal barracks in Beirut was destroyed by a 12,000 pound lowing new paragraph: in July, both President Clinton and bomb in 1983, killing 241 U.S. Marines. ‘‘(9) has been convicted in any court of any former Senator Bob Dole have endorsed crime involving domestic violence, if the in- the concept of keeping guns from those f dividual has been represented by counsel or convicted of domestic violence. As a knowingly and intelligently waived the right matter of fact, the spokesman for Sen- TREASURY, POSTAL SERVICE, AND to counsel,’’; and ator Dole said, ‘‘Bob Dole believes that GENERAL APPROPRIATIONS ACT, (3) in subsection (s)(3)(B)(i), by inserting before the semicolon the following: ‘‘and has all guns, not just handguns, should be 1997 not been convicted in any court of any crime kept out of the hands of domestic abus- The Senate continued with the con- involving domestic violence, if the individual ers.’’ sideration of the bill. has been represented by counsel or know- Mr. President, I couldn’t put it better The PRESIDING OFFICER. The Sen- ingly and intelligently waived the right to myself. Our colleague, Senator ator from New Jersey is recognized. counsel’’. HUTCHISON, has also praised this pro- (c) RULES AND REGULATIONS.—Section posal. This is what she had to say when Mr. LAUTENBERG. I thank the 926(a) of title 18, United States Code, is Chair. I ask unanimous consent that amended— the agreement was reached, and the the pending Kassebaum amendment be (1) by striking ‘‘and’’ at the end of para- amendment was passed along with the set aside. graph (2); stalking bill. She said: ‘‘Because of The PRESIDING OFFICER. Is there (2) by striking the period at the end of Senator LAUTENBERG’s amendment, we objection? paragraph (3) and inserting ‘‘; and’’; and are also going to be able to keep people Without objection, it is so ordered. (3) by inserting after paragraph (3) the fol- who batter their wives or people with lowing new paragraph: AMENDMENT NO. 5241 TO EXCEPTED COMMITTEE whom they live from having handguns. ‘‘(4) regulations providing for the effective So I think this is going to be a great AMENDMENT ON PAGE 16 LINE 16, THROUGH receipt and secure storage of firearms relin- PAGE 17 LINE 2 quished by or seized from persons described bill that will give women and children (Purpose: To prohibit persons convicted of a in subsection (d)(9) or (g)(9) of section 922.’’. of this country some protection that crime involving domestic violence from Mr. LAUTENBERG. Mr. President, I they do not now have, and I am very owning or possessing firearms) ask for the yeas and nays on the pleased to be supportive of this com- Mr. LAUTENBERG. Mr. President, I amendment. promise.’’ send an amendment to the desk and The PRESIDING OFFICER. Is there a Clearly, Mr. President, this amend- ask for its immediate consideration. sufficient second? ment has strong bipartisan support. So The PRESIDING OFFICER. The There is not a sufficient second. I am hopeful that it will again win easy clerk will report. Mr. LAUTENBERG. Mr. President, I approval. But I want to take a few min- The legislative clerk read as follows: will proceed as planned. We will wait utes to explain why it is so important. The Senator from New Jersey [Mr. LAU- for the manager to be represented here. Under current Federal law, it is ille- TENBERG] proposes an amendment numbered This amendment, very simply, would gal for persons convicted of felonies to 5241 to excepted committee amendment on establish a policy of zero tolerance possess firearms. Yet, many people who Page 16, line 16 through page 17, line 2. when it comes to guns and domestic vi- engage in serious spousal or child Mr. LAUTENBERG. Mr. President, I olence. The amendment would prohibit abuse ultimately are not charged with ask unanimous consent that reading of any person convicted of domestic vio- or convicted of felonies. At the end of the amendment be dispensed with. lence from possessing a firearm. In the the day, due to outdated laws or think- The PRESIDING OFFICER. Without simplest words, the amendment says ing, perhaps after a plea bargain, they objection, it is so ordered. that a spouse abuser, wife beater, or are, at most, convicted of a mis- The amendment is as follows: child abuser should not have a gun. demeanor. In fact, most of those who At the end of the Committee amendment Mr. President, the amendment prob- commit family violence are never even insert the following: ably sounds familiar. In fact, the Sen- prosecuted. But when they are, one-third S10378 CONGRESSIONAL RECORD — SENATE September 12, 1996 of the cases that would be considered of an abuser all too often means death. The PRESIDING OFFICER. Without felonies, if committed by strangers, are By their nature, acts of domestic vio- objection, it is so ordered. instead filed as misdemeanors. The fact lence are especially dangerous and re- Mr. WELLSTONE. Mr. President, I is that in many places domestic vio- quire special attention. come to the floor to speak on behalf of lence is not taken as seriously as other These crimes involve people who this amendment proposed by my col- forms of brutal behavior. Often acts of have a history together, and perhaps league and good friend, Senator LAU- serious spouse abuse are not even con- share a home or a child. These are not TENBERG from New Jersey, and I want sidered felonies. violent acts between strangers, and to start out in a very direct way and In over 30 States, even today, beating they do not arise from a chance meet- say that from my experiences and the your wife or your child is a mis- ing. Even after a split, the individuals experiences of my wife, Sheila, work- demeanor. In just the past few years, involved, often by necessity, have a ing in this area of domestic violence, I some judges have demonstrated out- continuing relationship of some sort. have learned that, all too often, the rageous callousness and disregard for The people who commit these crimes only difference between a battered women’s lives. Right up the road in often have a history of violence or woman and a dead woman is the pres- Baltimore County, just 2 years ago a threatening behavior, and, yet, fre- ence of a gun. State circuit court judge was hearing a quently they are permitted to possess That is what this amendment is all case involving a man who shot his wife firearms with no legal restrictions. about. The facts, unfortunately, speak in the head and killed her. As he hand- The statistics and the data are clear. for themselves. If you work in the area ed down the light sentence, with time Domestic violence, no matter how it is of domestic abuse or if you just pick up to be served weekends only, and not a labeled, leads to more domestic vio- the newspaper in your own State, you very long time at that, the judge said lence, and guns in the hands of con- will read stories about violence, abuse, that the worst part of his job is, and I victed wife beaters leads to death. and murders within families and quote, ‘‘Sentencing noncriminals as Mr. President, this legislation has among intimates happening all the time, and, colleagues, you will realize criminals,’’ as if shooting your wife in been endorsed by over 30 prominent na- that in all too many cases the only dif- the head was not criminal behavior. tional organizations, including, by way ference between a battered woman and Or take the case of a man who of example, the National Coalition a dead woman is the presence of a gun. tracked down his wife, shot her five Against Domestic Violence, the Na- That is what this amendment that my times in the face and killed her. The tional Network to End Domestic Vio- judge in that case gave the man a mini- colleague has introduced speaks to. lence, the Family Violence Prevention In the historic Violence Against mal sentence to be served on weekends. Fund, the American Academy of Pedi- Women Act that was enacted into law In explaining why he was being so le- atrics, and the YWCA of the United as a part of the 1994 crime bill, thanks nient, the judge said the victim pro- States. to the tireless efforts of Senator BIDEN voked her husband by not telling him The amendment would save the lives and Senator HATCH, there was a provi- that she was leaving their abusive mar- of many innocent Americans, but it sion which was accepted—eventually riage. would also send a message about our and after much negotiation—that I of- These are just two examples of the Nation’s commitment to ending domes- fered in the Senate and Representative way that our criminal justice system tic violence and about our determina- TORRICELLI, and Representative often treats domestic violence—not as tion to protect the millions of women SCHROEDER sponsored in the House. a serious crime. Yet, the scope of the and children who suffer from this This provision prohibits anyone who problem is enormous. Every year there abuse. has a restraining order issued against are 2 million cases of domestic violence Again, I do not expect this to be a them from owning or possessing a gun, reported. Many of those cases are never controversial amendment since it has and it also prohibits anyone from sell- finally resolved because the plaintiff already passed this body unanimously. ing or giving a gun to someone they withdraws the complaint, or it is dis- Once again, I will ask for the yeas know has a restraining order against missed casually. When women are and nays, but it is essential that we them for having abused their spouse or killed in domestic disputes, however, have someone from the majority side their child. the murderers are holding a gun about in the Chamber. Otherwise, it is This was a severely modified and 65 percent of the time. deemed unfair. But I think it is unfair much weaker version of what was Put another way: Two-thirds of do- not to have someone from the majority originally known as the Domestic Vio- mestic violence murders involve fire- side in the Chamber unless this is a lence Firearm Prevention Act, a bill arms. In 150,000 cases of abuse, spousal subject that does not matter, killing that I introduced. Senator LAUTENBERG abuse, a gun is present. That means your wife, if you want to beat her up now takes the next logical step with that perhaps it is put to a woman’s first. this very important piece of legisla- head or put to her face in front of a This is an important piece of legislation, which would prohibit the posses- child, or children, and even though the tion. It was a very disappointing expe- sion of a firearm by someone who has trigger is not pulled, the trauma is rience we had when it went over to the been convicted of an act of domestic vi- enormous. There is no reason for some- House after being unanimously passed olence. one who beats their wives or abuses in this body and then casually dropped. I imagine my colleague, Senator their children to own a gun. When you But we want to have everybody have a LAUTENBERG, went through all the sta- combine wife beaters and guns, the end chance to vote on this, and once again, tistics. Let me just simply state, again, result is more death. Mr. President, I ask for the yeas and that: Four women a day are killed at This amendment would close this nays. the hands of their batterer; every 15 dangerous loophole and keep guns The PRESIDING OFFICER. Is there a seconds a woman is battered in our away from violent individuals who sufficient second? country. The leading single cause of in- threaten their own families, people There appears to be a sufficient sec- jury among women in America today is who have shown that they cannot con- ond. violence in the home. It is just uncon- trol themselves and are prone to fits of The yeas and nays were ordered. scionable. violent rage directed, unbelievably Mr. LAUTENBERG. I thank the The good news—and it really is, I enough, against their own loved ones. Chair and yield the floor. think, good news—is that no longer in The amendment says: Abuse your Mr. KERREY. Mr. President, I sug- our country, no longer in our States, wife, lose your gun; beat your child, gest the absence of a quorum. and no longer in our communities are lose your gun; assault your ex-wife, The PRESIDING OFFICER. The we saying that this violence in the lose your gun; no ifs, ands, or buts. It clerk will call the roll. home is not our business, no longer do may sound like a tough policy, but The legislative clerk proceeded to we just turn our gaze away from it when it comes to domestic violence it call the roll. without doing anything about it. I is time to get tough. There is no mar- Mr. WELLSTONE. Mr. President, I think we have finally realized that this gin of error when it comes to domestic ask unanimous consent that the order violence in homes, all too often di- abuse and guns. A firearm in the hands for the quorum call be rescinded. rected at women and their children, is September 12, 1996 CONGRESSIONAL RECORD — SENATE S10379 really everybody’s business. If we do a woman and a child. There is no more domestic violence, in the news, or from not stop the violence in the homes, it important vote than the one that is people on the street. I don’t know how is going to continue to spill out into coming up on this amendment. many people on the floor of the Senate the streets and into our communities. I yield the floor. have heard the cries of a family in cri- The problem which Senator LAUTEN- Mr. LAUTENBERG. Mr. President, I sis; I don’t know if you have ever had BERG speaks to with this amendment, thank my colleague from Minnesota to dial 911 out of worry for a neighbor. of which I am so proud to be an origi- for his eloquent reminder about what it But, I have. nal cosponsor, is as follows: In all too is we are considering here. The statis- If this amendment makes a dif- many cases, unfortunately, if you beat tics, the data do not have to be reiter- ference for one victim of domestic vio- up or batter your neighbor’s wife, it is ated. It is very clear. The underlying lence, it will have done its job. a felony. If you beat up or batter, bru- problem is, in this country of ours, One woman I know told me the story talize your own wife or your own child, that domestic violence, no matter how of her abusive ex-husband. He was it is a misdemeanor. severe the beating, is often dismissed physically abusive, and had been con- If the offense is a misdemeanor, then as a squabble. victed of misdemeanors. What is more, under the current law there is a huge I have heard reports of judges saying, he knew he was prone to violence loophole. We do not let people who ‘‘Oh, he didn’t really mean it. He didn’t against his family, and did not trust have been convicted of a felony pur- intend to hurt you. Can’t you go home himself. He purposely separated the chase that firearm. What the Senator and settle it between you?’’ And very gun and the bullets at two different from New Jersey is trying to do is plug often, of the cases reported, there is so ends of their house, so he would not be this loophole and prohibit someone much trauma attached to the recipient able to shoot her in the heat of the mo- convicted of domestic abuse, whether of the abuse that she—typically it is a ment. felony or misdemeanor, of purchasing a she—is afraid to pursue the case any But the measures he took were not firearm. For example, in my State of further because, along with the con- quite enough, when he came home one Minnesota, an act of domestic violence tinuing relationships, inevitably are night, drunk, and yelling that the is not characterized as a felony unless the threats of further disassociation, house wasn’t clean enough for him. Be- there is permanent physical impair- which, in many cases, could mean the cause he was able to find the bullets, ment, the use of a weapon, or broken end of income, support, mean the end find the gun, load it, and point it at his bones. of some reassurance that there is a roof wife. That she is alive today is a mir- I just want to simply say one more over their heads. So they sell their acle. time to colleagues, because I can rattle souls. They quit when, if they knew This man was not the sort of law- off all the statistics, this is no small that the State cared more about it, abiding citizen we so frequently hear issue in our country. We are talking they would continue to pursue it. about from the NRA. He had a record. about significant violence. For any The other thing is, they are afraid He did not even trust himself. This Senator who says that we do not want that the guy, the fellow who first man should not have had a gun. to prohibit any law-abiding citizen treated them to a fist in the face, may If he did not have a gun, the man in from purchasing a gun, I respond that come home with a gun and take their the story may have used some other we are not talking about law-abiding lives. weapon. But we know from the re- citizens. We are talking about citizens One can only imagine what kind of search that nearly 65 percent of all who have been convicted of an act of rage exists within a man who would murder victims known to have been violence against a spouse or child and beat up a woman, and often in front of killed by intimates were shot to death. we are saying in those cases, the law the children they have. It is an out- We have seen that firearms-associated should prohibit that person from pur- rageous condition that exists. And this family and intimate assaults are 12 chasing gun, from owning a gun. Once country has not yet taken it seriously times more likely to be fatal than again, the reason we support this law is enough. those not associated with firearms. A because we know that in all too many We hope this amendment will send a California study showed when a domes- cases, the only difference between a loud and clear message that you are tic violence incident is fatal, 68 percent battered woman and a dead woman is not going to get away with this kind of of the time the homicide was done with the presence of a gun. thing, because we are going to take a firearm. Mr. President, for a period of time I away your gun. We are going to take Again, the gun is the key ingredient was coming to the floor to announce away that extra chance that the most likely to turn a domestic violence the domestic violence hotline number woman might be killed. incident into a homicide. But the peo- which was set up under a provision of You heard it from my friend and col- ple this amendment would take guns the Violence Against Women Act. league, Senator WELLSTONE, the Sen- away from—these people have already Since its opening on February 21, 1996, ator from Minnesota: Four women a broken the law, and in a very relevant the hotline has received over 30,000 day will lose their lives. I can tell you way. In the face of the reality of do- calls for help from residents in 50 this, from the research that we have mestic violence and the role guns play States and the District of Columbia, done, that is a very conservative esti- in homicides in such situations, the Puerto Rico, and the Virgin Islands. mate. The data are not good in that Senate cannot allow convicted abusers Let me announce that one more time. situation. to have guns. The hotline has received since Feb- With that, Mr. President, I yield the Unfortunately, this amendment will ruary 21, 30,000 calls for help from 50 floor. We are ready to vote. I urge the not make life better for many women States, the District of Columbia, Puer- adoption of the amendment. who are abused, even when guns are to Rico, and the U.S. Virgin Islands. I f present in the home. We know that want to announce the number one most domestic violence is not even re- more time. The number is 1–800–799– GUNS AND DOMESTIC ABUSE ported, and of the cases that are re- SAFE. Mrs. MURRAY. Mr. President, I rise ported, many do not lead to a convic- We in the U.S. Senate, by adopting to speak in favor of the Lautenberg tion. This is a problem associated with this amendment, will be saying three amendment to the Treasury-postal ap- the horrible effects of victimization, things. We will be saying we will not propriations bill, taking guns away and has a different set of solutions. tolerate this violence; we will not ig- from individuals convicted of domestic But, for thousands of women and men nore this violence; and we will no violence. I am a cosponsor of his origi- in this country, this amendment would longer say that it is someone else’s re- nal bill, and want to congratulate Sen- mean immediate results. To get the sponsibility. All of us have a chance to ator LAUTENBERG on offering this im- gun out of the home will mean the dif- make a difference. portant legislation in the form of an ference between life and death. I urge My fellow Senators, someone’s safety amendment today. the Senate to pass the Lautenberg depends on your vote. My fellow Sen- Just getting the gun out of the home amendment. ators, someone’s safety depends on would make the difference in so many Mrs. FEINSTEIN. Mr. President, I your vote. That is usually the safety of of these horrible stories we hear about rise in support of the Lautenberg S10380 CONGRESSIONAL RECORD — SENATE September 12, 1996 amendment, because I believe it offer Helms Lott Roth are many evenings where we arrive Hollings Lugar Santorum women a vital protection against those Hutchison Mack Sarbanes here at 2 or 3 o’clock in the morning, who might do them harm. Inhofe McCain Shelby and then we start to do the sorts of Every year, an estimated 2 million Inouye McConnell Simon things that we could have done at 5 women are victimized by domestic vio- Jeffords Mikulski Simpson o’clock in the evening. Johnston Moseley-Braun Smith lence. Kassebaum Moynihan Snowe We know what needs to be done. We Of these 2 million, nearly 6,000 die. Kempthorne Murkowski Specter have put out contacts to offices. There And 70 percent of the time, the per- Kennedy Murray Stevens are many amendments that we are pre- Kerrey Nickles Thomas pared to accept, but we need Members petrators of the deadly violence use a Kerry Nunn Thompson gun. Kohl Pell Thurmond to come to the floor and offer the Mr. President, we already prohibit Kyl Pressler Warner amendments up or notify us if they are Lautenberg Pryor Wellstone willing to take the amendments down. convicted felons from possessing a fire- Leahy Reid Wyden arm. But is an unfortunate fact that Levin Robb Otherwise we will be here until 2, 3, or many domestic violence offenders are Lieberman Rockefeller 4 o’clock in the morning. We could never convicted of a felony. Outdated NAYS—2 wrap this thing up quickly. The substantive disagreements, at or ineffective laws often treat domestic Bingaman Heflin violence as a lesser offense. least on the bill itself, have all been Sometimes, victims are reluctant to NOT VOTING—1 taken care of. We have some disagree- cooperate for fear of more violence. Hatfield ments on some amendments we are And sometimes victims just don’t The amendment (No. 5241) was agreed working on right now that we think we want to pull themselves through the to. can work out, as well as getting a man- ordeal of a trial. Mr. LAUTENBERG. I move to recon- agers’ amendment to wrap this up. And finally, plea bargains often re- sider the vote. I hope those who would like to get sult in misdemeanor convictions for Mr. SHELBY. I move to lay that mo- out of here at a relatively nice hour to- what are really felony crimes. tion on the table. night, or those who desire not to have As a result, Mr. President, many per- The motion to lay on the table was votes tomorrow, will get down here as petrators of severe and recurring do- agreed to. quickly as they can. Both Senator mestic violence are still permitted to The PRESIDING OFFICER. The ma- SHELBY and I are willing to work with posses a gun. Mr. President, these peo- jority leader. Members to see whatever reasonable ple are like ticking time bombs. It is Mr. LOTT. Senator DASCHLE and I differences there are and we will work only a matter of time before the vio- have continued to confer, and a number them out. lence get out of hand, and the gun re- of Senators have started asking about AMENDMENTS NOS. 5313 AND 5314, EN BLOC sults in tragedy. the plans for the night. I am looking at Mr. SHELBY. Mr. President, I have Something must be done to close this the list of amendments here. We still several managers’ amendments. I send dangerous loophole. have a good number, somewhere be- two amendments to the desk which This amendment looks to the type of tween 25 and 30 first-degree amend- have been cleared on each side. I ask crime, rather than the classification of ments, but only 2 or 3 of them are rel- unanimous consent these amendments the conviction. Anyone convicted of a evant to this underlying bill. be considered and approved en bloc and domestic violence offense would be pro- Our intent is to keep working. The that any statements be placed at the hibited from possessing a firearm. managers have been working, trying to appropriate place in the RECORD. Fewer abusers will have guns, and get things agreed to. We have a couple The PRESIDING OFFICER. Without fewer of the abused will wake up each of pending amendments we are trying objection, it is so ordered. morning wondering whether they will to get to an understanding on how to The clerk will report. The bill clerk read as follows: live through the day. I thank the Sen- vote on them. We are acting in good ator from New Jersey for his efforts, faith. The Senator from Alabama [Mr. SHELBY] As I look at this list, so many of proposes amendments en bloc numbered 5313 and I yield the floor. these amendments, really, should not and 5314. The PRESIDING OFFICER. The be offered. We should go ahead and get The amendments are as follows: question occurs an amendment No. this work done. We are in agreement 5241. The yeas and nays have been or- AMENDMENT NO. 5313 now, the leadership on both sides of the dered. (Purpose: To provide funding for the review aisle, that we are going to get it done of trade issues) The clerk will call the roll. tonight. We are going to keep working The legislative clerk called the roll. On page 19, line 2, before the period add the and dealing with these amendments. following new provision: ‘‘:Provided further, Mr. NICKLES. I announce that the We are going to keep voting until we That of the funds appropriated $2,500,000 may Senator from Oregon [Mr. HATFIELD] is get this bill completed. Then we will be be made available for the review of trade is- necessarily absent. able to advise Members when we get it sues authorized by Public Law 103–182’’. I further announce that, if present done tonight, we will have debate to- and voting, the Senator from Oregon AMENDMENT NO. 5314 morrow but no votes. [Mr. HATFIELD] would vote ‘‘yea.’’ Insert at the appropriate place: ‘‘Provided We are now coming close to getting The PRESIDING OFFICER (Mr. further, That from funds made available for an understanding on what we can do on Basic Repairs and Alterations, $2,000,000 may SMITH). Are there any other Senators Monday, with votes early Tuesday in the Chamber who desire to vote? be transferred to the Policy and Operations morning. Members can do what needs appropriation’’. The result was announced—yeas 97, to be done, fulfill commitments and re- nays 2, as follows: The PRESIDING OFFICER. The ligious holidays, but to get that done question is on agreeing to the amend- [Rollcall Vote No. 289 Leg.] we must finish this bill tonight. ments. YEAS—97 So, please, we should not offer these The amendments (Nos. 5313 and 5314) Abraham Campbell Faircloth amendments that are not serious. We were agreed to. Akaka Chafee Feingold should the job done. Our intent is to Mr. KERREY. I move to reconsider Ashcroft Coats Feinstein Baucus Cochran Ford keep going tonight. the vote. Bennett Cohen Frahm We are honoring my colleague, SONNY Mr. SHELBY. I move to lay that mo- Biden Conrad Frist MONTGOMERY, after 30 years of service tion on the table. Bond Coverdell Glenn in Congress. I will be there for 3 min- The motion to lay on the table was Boxer Craig Gorton Bradley D’Amato Graham utes to introduce him. Other than that, agreed to. Breaux Daschle Gramm I would love to be here the rest of the Mr. SHELBY. The clerk will call the Brown DeWine Grams night. roll. Bryan Dodd Grassley I yield the floor. I suggest the absence of a quorum. Bumpers Domenici Gregg Burns Dorgan Harkin Mr. KERREY. Mr. President, I echo The PRESIDING OFFICER. The Byrd Exon Hatch what the majority leader said. There clerk will call the roll. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10381 The bill clerk proceeded to call the (5) INSTRUMENTALITY OF THE LEGISLATIVE (1) IN GENERAL.—The office within the enroll. BRANCH.—The term ‘‘instrumentality of the tity or instrumentality of the legislative Mr. DASCHLE. Mr. President, I ask legislative branch’’ means the following: branch of the Federal Government which ad- unanimous consent that the order for (A) The General Accounting Office. ministers the health benefits plans for Fed- (B) The Government Printing Office. eral employees of such entity or instrumen- the quorum call be rescinded. (C) The Library of Congress. tality shall perform such tasks with respect The PRESIDING OFFICER. Without SEC. 03. GENERAL REQUIREMENTS CONCERN- to plan coverage purchased under subsection objection, it is so ordered. ING CONTRACTS COVERED UNDER (b) by contractors with contracts with such Mr. DASCHLE. Mr. President, I ask THIS ACT. entity or instrumentality. unanimous consent to lay aside the (a) IN GENERAL.—Any contract made or en- (2) WAIVER AUTHORITY.—Waiver of the re- pending amendments so that I may call tered into by any entity or instrumentality quirements of this title may be made by such up an amendment at this time. of the legislative branch of the Federal Gov- office upon application. The PRESIDING OFFICER. Without ernment shall contain provisions that re- SEC. 04. EFFECTIVE DATE. objection, it is so ordered. quire that— (a) IN GENERAL.—This title shall apply (1) all persons employed by the contractor with respect to contracts executed, modified, AMENDMENT NO. 5234 in the performance of the contract or at the or renewed on or after January 1, 1997. (Purpose: To remove inequities between con- location of the leasehold be offered health (b) TERMINATION.— gressional and contract employees regard- insurance coverage under a group health (1) IN GENERAL.—This title shall not apply ing access to health insurance) plan; and on and after October 1, 2001. Mr. DASCHLE. Mr. President, I send (2) with respect to the premiums for such (2) TRANSITION RULE.—In the case of any an amendment to the desk and ask for plan with respect to each employee— contract under which, pursuant to this title, (A) the contractor pay a percentage equal health insurance coverage is provided for its immediate consideration. calendar year 2001, the contractor and the The PRESIDING OFFICER. The to the average Government contribution required under section 8906 of title 5, United employees shall, notwithstanding section clerk will report. States Code, for health insurance coverage 03(a)(2), pay 11⁄3 of the otherwise required The bill clerk read as follows: provided under chapter 89 of such title; and monthly premium for such coverage in The Senator from South Dakota [Mr. (B) the employee pay the remainder of monthly installments during the period be- DASCHLE], for himself, Mr. DORGAN, and Mr. such premiums. ginning on January 1, 2001, and ending before SIMON, proposes an amendment numbered (b) OPTION TO PURCHASE.— October 1, 2001. 5234. (1) IN GENERAL.—Notwithstanding section Mr. DASCHLE. Mr. President, every Mr. DASCHLE. Mr. President, I ask 8914 of title 5, United States Code, a contrac- Member of Congress and every perma- unanimous consent that reading of the tor to which subsection (a) applies that does nent Federal worker has access to com- not offer health insurance coverage under a amendment be dispensed with. prehensive health insurance. This is group health plan to its employees on the true from the Senate cleaning crew, to The PRESIDING OFFICER. Without date on which the contract is to take effect, objection, it is so ordered. may obtain any health benefits plan offered the staff director of a committee, to The amendment is as follows: under chapter 89 of title 5, United States Members of Congress and their fami- At the appropriate place in the bill, insert Code, for all persons employed by the con- lies. We get insurance the way most the following: tractor in the performance of the contract or working Americans do—through our TITLEll—HEALTH INSURANCE EQUITY at the location of the leasehold. Any con- employer, with a shared contribution FOR CONGRESSIONAL AND CONTRACT tractor that exercises the option to purchase between employer and employee. Our EMPLOYEES such coverage shall make any Government coverage is secure, comprehensive, and contributions required for such coverage affordable. SEC. 01. SHORT TITLE OF TITLE. under section 8906 of title 5, United States This title may be cited as the ‘‘Congres- This is not true, however, for em- Code, with the employee paying the con- ployees of firms contracting with Con- sional Contractor Health Insurance Equity tribution required for such coverage for Fed- Act’’. eral employees. gress. Many of these individuals, who SEC. 02. DEFINITIONS. (2) CALCULATION OF AMOUNT OF PREMIUMS.— work side by side with Federal work- For purposes of this title: Subject to paragraph (3)(B), the Director of ers, have no such guarantee. In fact, (1) CONTRACT.—The term ‘‘contract’’ means the Office of Personnel Management shall about 1,900 employees of companies any contract for items or services or any calculate the amount of premiums for health that contract with the Congress have lease of Government property (including any benefits plans made available to contractor no insurance. Current efforts to pri- subcontract of such contract or any sublease employees under paragraph (1) separately vatize services previously performed by of such lease)— from Federal employees and annuitants en- Federal Government workers exacer- (A) the consideration with respect to which rolled in such plans. is greater than $75,000 per year, (3) REVIEW BY OFFICE OF PERSONNEL MAN- bate this situation. Who are these con- ‘‘(B) with respect to a contract for serv- AGEMENT.— tractors? They include House res- ices, requires at least 1000 hours of services, (A) ANNUAL REVIEW.—The Director of the taurant and mailroom staff, electronics and Office of Personnel Management shall review technicians, day care providers, ac- (B) entered into between any entity or in- at the end of each calendar year whether the countants, data processors, and con- strumentality of the legislative branch of nonapplication of paragraph (2) would result struction and maintenance workers. the Federal Government and any individual in higher adverse selection, risk segmenta- They work hard, pay taxes, and play or entity employing at least 15 full-time em- tion in, or a substantial increase in pre- by the rules; yet, they don’t have the miums for such health benefits plans. Such ployees. same kind of health security that we (2) EMPLOYEE.—The term ‘‘employee’’ has review shall include a study by the Director the meaning given such term under section of the health care utilization and risks of take for granted. I know such people 3(6) of the Employee Retirement Income Se- contractor employees. The Director shall here in the Congress. One in particular curity Act of 1974 (29 U.S.C. 1002(6)). submit a report to the President, the Speak- is a person whom I go to every so often (3) ENTITY OF THE LEGISLATIVE BRANCH.— er of the House of Representatives, and the to have my hair cut. She has worked in The term ‘‘entity of the legislative branch’’ President pro tempore of the Senate which the House Beauty Shop for 14 years. includes the following: shall contain the results of such review. For 12 of those 14 years, she was a Fed- (A) The House of Representatives. (B) NONAPPLICATION OF PARAGRAPH (2).—Be- eral Government employee and had ginning in the calendar year following a cer- (B) The Senate. health insurance. When the House (C) The Capitol Guide Service. tification by the Director of the Office of (D) The Capitol Police. Personnel Management under subparagraph privatized the House haircut facilities (E) The Congressional Budget Office. (A) that the nonapplication of paragraph (2) in 1995, this particular individual lost (F) The Office of the Architect of the Cap- will not result in higher adverse selection, her insurance. She purchased a private itol. risk segmentation in, or a substantial in- health plan, but had to drop it 3 (G) The Office of the Attending Physician. crease in premiums for such health benefits months ago because she could not af- (H) The Office of Compliance. plans, paragraph (2) shall not apply. ford the $187 per month premium. She (4) GROUP HEALTH PLAN.—The term ‘‘group (4) REQUIREMENT OF OPM.—The Director of asked the company who runs the the Office of Personnel Management shall health plan’’ means any plan or arrangement shop—a large firm in San Francisco which provides, or pays the cost of, health take such actions as are appropriate to en- benefits that are actuarially equivalent to able a contractor described in paragraph (1) that operates hundreds of shops—if the benefits provided under the standard op- to obtain the health insurance described in they would pay 50 percent of the pre- tion service benefit plan offered under chap- such paragraph. mium. Her employer, so far, has re- ter 89 of title 5, United States Code. (c) ADMINISTRATIVE FUNCTIONS.— fused, and she is now without coverage. S10382 CONGRESSIONAL RECORD — SENATE September 12, 1996 She recently had a serious case of food guaranteed to all other Federal work- Mr. SHELBY. As the Senator from poisoning but, because of her lack of ers. We want services that are leaner, Nebraska said, we made a lot of coverage, could not afford to go to the but not meaner. progress. We are getting down to what doctor for treatment. Outsourcing may be the wave of the we hope is the beginning of the end to- This kind of situation cannot and future and, frankly, I generally support night. If people who have some amend- should not be tolerated. As we devise this trend. But we need to make sure ments pending come over here and try new ways to extend health coverage to that those workers caught in the tran- to work with us, we might work some the uninsured, it just doesn’t seem fair sition have basic benefits to which of them out. If we cannot work them to me that we in Congress could allow other Federal workers are entitled. out, maybe they can offer them and these contractors, working side-by-side For many years now, Members of keep the process moving. It is 10 min- with Federal Government employees Congress have spoken on the floor utes to 6 now. We could be out of here who we call upon every day to do the about the need to extend coverage to in a couple of hours, maybe less, if peo- work of the Congress, to go without the uninsured. We all recognize there ple would cooperate. I know the Sen- any coverage at all. can be no financial security without ator from Nebraska has been pushing it How can we enjoy subsidized com- health security. Let us simply put our all day, and so have I. This is our third prehensive insurance while people who money where our mouth is. Let us day on this bill. fix our computers, maintain our build- show our country that what is good for I yield the floor and suggest the ab- ings, or cut our hair have no coverage Members of Congress and their employ- sence of a quorum. at all? It seems to me that, in fairness, ees is also good for the contractors who The PRESIDING OFFICER. The we just can’t do that. work with us. clerk will call the roll. That is why I have introduced this My hope is that my colleagues will The legislative clerk proceeded to call the roll. amendment, which would require firms join me in support of this amendment. Mr. EXON. Mr. President, I ask unan- that contract with Congress—and only I yield the floor. Mr. KERREY. Mr. President, my imous consent that the order for the Congress—to offer health insurance to quorum call be rescinded. their employees. This requirement view is that this is a reasonable amendment. I understand there is no budget The PRESIDING OFFICER. Without would apply to firms that employ 15 or objection, it is so ordered. cost. more workers and that have Federal Mr. EXON. Mr. President, I ask unan- Mr. DASCHLE. Mr. President, if the contracts worth at least $75,000. These imous consent that I be allowed to pro- distinguished Senator from Nebraska contractors could buy a private health ceed for not to exceed 10 minutes as in will yield, there is no budget cost to plan or could select a plan from the morning business. And if we need to, I this. It is completely paid for. There is Federal Employee Health Benefits Pro- will be glad to yield the floor back. gram that currently is available to all a negligible cost that is completely off- The PRESIDING OFFICER. Without permanent Federal employees. In ei- set. So there is no increase in the defi- objection, it is so ordered. ther case, they would be required to cit that is the result of this amend- f contribute to their employees’ pre- ment. THE DOLE ECONOMIC PLAN miums, just as the Federal Govern- The Senator is correct. Mr. KERREY. I certainly support the ment contributes to its workers’ cov- Mr. EXON. Mr. President, as the amendment. erage. This would ensure that everyone Democrat leader on the Senate Budget We are waiting for Senator STEVENS’ working full time for Congress has ac- Committee with a long and established view on this amendment. Both he and record as a fiscal conservative, as Gov- cess at least to the comprehensive cov- the chairman are right now at a de- erage that is now available to congres- ernor of my State longer than any fense appropriations conference com- other in its history, and proud of con- sional employees. mittee. They should be back momen- This kind of action is certainly not tinuing that record for 18 years in the tarily. Once they are back, we should without precedent. Several years ago, Senate, I begin today a number of be able to wrap this up and get a vote. statements on sound budgeting. concern over high turnover among Sen- Mr. DASCHLE. I suggest the absence ate day care employees led the Senate These will be based on fact and prov- of a quorum. en or provable economic theory, or just to give these contract workers the Fed- The PRESIDING OFFICER. The common sense, in a hope that I might eral health benefits coverage that we clerk will call the roll. divert America from careening again now enjoy. And Congress has a long-es- The bill clerk proceeded to call the down a path that will certainly lead tablished history of taking action to roll. our Nation to new irresponsible guarantee fair working conditions for Mr. KERREY. Mr. President, I ask depths—new depths indeed—of national its contract workers. For 65 years, unanimous consent that the order for debt, if not depression. Davis-Bacon and other similar meas- the quorum call be rescinded. Alarmingly, the latest ‘‘Follow The ures have guaranteed competitive The PRESIDING OFFICER. Without Yellow Brick Road’’ path of wizardry wages to Federal contract workers. objection, it is so ordered. blends $550 billion in tax breaks, un- This bill complements these efforts. Mr. KERREY. Mr. President, I urge specified spending cuts, and rosy eco- The introduction of this amendment Senators who would like to get out of nomic scenarios into one shameless po- is not just a humanitarian gesture. It here tomorrow to get to the floor and litical ploy. When the unsuspecting is, frankly, a very practical one. Health offer their amendments. There are no Dorothys of the world pull back in costs for uninsured workers who be- more than seven or eight amendments wonderment the curtain, they discover come ill are simply shifted onto others; on either side. We have worked this a huffing and puffing candidate Bob shifted onto public programs like Med- down to a relatively small amount, and Dole as the wizard. This is the same icaid, or shifted onto doctors and hos- now all we are doing is waiting. wizard who for the first 72 years of his pitals in the form of charity care. There are a number of Senators who life foreswore such economic nonsense. In addition, the uninsured forgo pre- would like to have rollcall votes. It Bob Dole’s transformation from a ventive care and later need expensive takes time to have rollcall votes. We deficit hawk into a carrier pigeon for emergency room treatment. We should have been working as diligently as we supply-side economics is a great loss not tolerate this kind of inefficient can. I want nobody to be surprised and disappointment to fiscal conserv- cost shifting. We should be setting an when it comes to 2 or 3 o’clock in the atives of both parties. example for the rest of the Govern- morning around here, if we wait until In my 18 years in the Senate, I often ment, and certainly the private sector. 7, 8, 9 o’clock before somebody comes stood shoulder to shoulder with then Some may say this measure will re- down and offers amendments. Senator Dole. Although we have had duce cost savings from privatization. I This is an age-old problem, and we different priorities when it came to believe Congress should contract out are heading to a very predictable point spending cuts, we were both strong ad- services performed more efficiently by here. We have done about all we can vocates of a line-item veto, a constitu- the private sector. But, certainly, Con- from the floor. Now we have to have tional amendment to balance the budg- gress should not save money by deny- Members come down and offer their et, and a no-nonsense approach to eco- ing workers a basic benefit that is amendments. nomic policy. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10383 But as Senator Bob Dole became mestic product also posted an inferior debt built up during the last two Re- Presidential candidate Bob Dole, fiscal performance, by any measure. The publican administrations, the Federal responsibility was turned on its ear. Ir- growth of the private-sector slowed budget would now be in surplus. responsible tax cuts became his fetish. from a 3.5-percent pace under Carter to The Nation has paid a terrible price Listening to the advice of the cam- a 3.0-percent rate during the Reagan for the mistakes of the 1980s, and we paign consultants and pollsters instead years. Having registered a meager 1.3- are still paying for them. Supply-side of using common sense, Bob Dole, I am percent showing under Bush, private- economics left an economic radioactive afraid, has lost his moorings. And to sector growth now currently has aver- fallout that pollutes the economy for pay for his folly, he would have us fall aged 3.2 percent during the Clinton ad- years to come. We still do not know its into a deeper pit of deficits and debt. ministration. halflife. I feel as though I have spent Mr. President, we cannot allow that We are often told that the Reagan most of my Senate career trying to to happen to the American people a tax cut led to a doubling of tax revenue clean up the mess, and many of my col- second time. We cannot allow the 1980’s by the end of the 1980’s. That is merely leagues have joined in that work, but gibberish of supply-side economics to a manipulation of the facts. Total reve- the job is still unfinished. go unchallenged again. As a freshman nue doubled during the 1980’s but in- We in the Senate spend a lot of time Senator, I supported it, as did Senator come tax revenue fell far short of doing talking about the legacy we will leave Dole. In retrospect, I acknowledge it so. Revenue from Social Security our children and grandchildren. But if was the worst vote that I ever cast, in taxes, however, more than doubled as a we are indeed concerned about mort- the Senate. direct result of a major Social Security gaging our children’s future, we cannot To understand the terrible gamble tax increase in 1983. That tax increase, and we must not resurrect supply-side Bob Dole is taking with our future, the incidentally, was passed when Repub- economics. We clearly made a horren- American people should understand the licans held a majority of the U.S. Sen- dous mistake economically in the history behind it. I would like to spend ate and Senator Bob Dole was chair- 1980s. To duplicate it in the 1990s would a few moments today describing the man of the Senate Finance Committee. be unforgivable. Neither Dorothy nor fiscal carnage of the 1980’s, or as Having failed to deliver on its eco- any self-respecting munchkin would or George Bush once christened it, ‘‘Voo- nomic promises, it should not be sur- should forgive us. doo Economics.’’ And there is no magic prising then that supply-side tax cuts The PRESIDING OFFICER (Mr. BEN- to it. It is just misery. also failed to deliver the declining defi- NETT). The time of the Senator has ex- During the 1980’s, the American peo- cits promised by the Republicans. pired. ple got their first taste of the supply- In March 1981, the Reagan White Mr. EXON. I thank the Chair and side mumbo-jumbo. It was the Reagan- House predicted that the deficit would yield the floor. Bush feel-good, no-fuss, no-muss way shrink from its $79 billion level and the f to reduce the deficit and grow the budget would be balanced by 1985. In- economy. There was only one catch: It stead, the deficit widened dramati- TREASURY, POSTAL SERVICE, AND simply did not work. cally, hitting $212 billion in 1985—when GENERAL GOVERNMENT APPRO- Enacting huge tax cuts and increas- it was supposed to be zero—and topping PRIATIONS ACT, 1977 ing spending without balancing the out at $290 billion in 1992. The Senate continued with consider- budget, was a ghastly experiment gone A year later, the Reagan administra- ation of the bill. terribly awry. Fed by a quick shot of tion could see the red ink rising. Presi- AMENDMENT NO. 5244 high-octane tax cuts, the economy dent Reagan told the Nation in 1982, (Purpose: To amend title 18, United revved up and then sputtered. The and I quote, States Code, with respect to gun free promised revenues evaporated and the One area of justifiable concern is the defi- schools, and for other purposes) deficit exploded with a big deficit bang. cit. And believe me, we take it as seriously Mr. KOHL. I ask unanimous consent A small hill of debt became a moun- as any problem facing us. But let’s recognize to lay aside the pending amendment. why such a huge deficit is projected. It is tain. The PRESIDING OFFICER. Without The supply-side economics of the not, as some would have you believe, a product of our tax cuts. objection, it is so ordered. 1980’s was a classic example of the dif- Mr. KOHL. I send an amendment to I am here to tell you and the Amer- ference between promise and perform- the desk for immediate consideration. ican people that it was because of the ance. Supply-side tax cuts were sup- The PRESIDING OFFICER. The tax cut. But do not just take it from posed to boost the private sector’s eco- clerk will report. me. More than 10 years after President nomic performance. In fact, the econ- The legislative clerk read as follows: omy put in a mediocre showing only, Reagan made that famous speech, his OMB Director, David Stockman, said The Senator from Wisconsin [Mr. KOHL] during the Reagan years. proposes an amendment numbered 5244. For example, private-sector job his boss was wrong. The deficit was Mr. KOHL. Mr. President, I ask unan- growth was 3.3 percent per year in the caused by the huge tax cuts that were imous consent reading of the amend- Carter years, compared with 2.3 per- the hallmark of President Reagan’s ment be dispensed with. cent under Reagan and 0.4 percent in first year in office. The PRESIDING OFFICER. Without the Bush years. It finally rebounded to In an article on the deficit in the objection, it is so ordered. 2.9 percent during the Clinton adminis- March 1993 issue of New Perspectives tration—but without, and I repeat, Quarterly, Mr. Stockman wrote, and I The amendment is as follows: without supply-side economics. quote, At the appropriate place in the bill, add Private investment, which also was The root problem goes back to the July the following new section: supposed to receive a boost from sup- 1981 frenzy of excessive and imprudent SEC. . PROHIBITION. ply-side tax cuts, slumped during the tax cuts that shattered the Nation’s fis- Section 922(q) of title 18, United States Reagan years. Real business fixed in- cal responsibility . . . It ought to be ob- Code, is amended to read as follows: ‘‘(q)(1) The Congress finds and declares vestment, which had been growing at a vious by now that we can’t grow our way out [of the deficit]. that— 7.1-percent annual clip during the ‘‘(A) crime, particularly crime involving Carter years, slowed to a 2.6-percent Mr. President, the huge deficits of drugs and guns, is a pervasive, nationwide pace under Reagan, and came to a the Reagan years have left taxpayers problem; screeching halt under Bush. During the with a gargantuan burden of debt and ‘‘(B) crime at the local level is exacerbated Clinton administration, business in- debt service. When President Reagan by the interstate movement of drugs, guns, vestment has soared at a 8.4 percent took his oath of office, the debt was and criminal gangs; rate, the strongest showing since World under $1 trillion. When he left, our na- ‘‘(C) firearms and ammunition move easily tional debt was over $2.6 trillion, a debt in interstate commerce and have been found War II. in increasing numbers in and around schools, With both private-sector employ- expanded over fourfold since President as documented in numerous hearings in both ment and business investment suffer- Carter to over $4 trillion by the time the Committee on the Judiciary of the House ing under supply-side policies, it is not President Bush left office. If it were of Representatives and the Committee on the surprising that private-sector gross do- not for the interest payments on the Judiciary of the Senate; S10384 CONGRESSIONAL RECORD — SENATE September 12, 1996 ‘‘(D) in fact, even before the sale of a fire- school zone and the individual or an em- and put violators behind bars for up to arm, the gun, its component parts, ammuni- ployer of the individual; or 5 years. In short, the Gun Free School tion, and the raw materials from which they ‘‘(iv) by a law enforcement officer acting in Zones Act gives prosecutors the flexi- his or her official capacity. are made have considerably moved in inter- bility to bring violators to justice state commerce; ‘‘(4) Nothing in this subsection shall be ‘‘(E) while criminals freely move from construed as preempting or preventing a under either State or Federal statutes, State to State, ordinary citizens and foreign State or local government from enacting a whichever is appropriate—or tougher. visitors may fear to travel to or through cer- statute establishing gun free school zones as No one claims that our legislation is tain parts of the country due to concern provided in this subsection.’’. a panacea. No one claims that the vio- about violent crime and gun violence, and Mr. KOHL. Mr. President, today’s lence will go away if we pass it, just as parents may decline to send their children to Washington Post tells the story of the violence did not go away when the school for the same reason; young children being shot in their own ‘‘(F) the occurrence of violent crime in original law was passed. But a Federal school zones has resulted in a decline in the neighborhoods by feuding gangs who law can help. The Federal Government quality of education in our country; are targetting innocent bystanders. It can step in and assist State prosecu- ‘‘(G) this decline in the quality of edu- tells us eloquently why we must do all tors when they do not have the re- cation has an adverse impact on interstate that we can to keep guns out of the sources they need. The Federal Govern- commerce and the foreign commerce of the hands of children. And the most insid- ment can take on particularly bad of- United States; ious form of juvenile violence is vio- ‘‘(H) States, localities, and school systems fenders who will receive stiffer pen- find it almost impossible to handle gun-re- lence in our schoolyards. We must take alties in a Federal prosecution. And lated crime by themselves—even States, lo- this opportunity to do what we can to this measure has bipartisan support: calities, and school systems that have made keep our school zones from becoming The underlying bill is cosponsored by strong efforts to prevent, detect, and punish war zones. So I would like to offer the Senators SPECTER, CHAFEE, SIMON, gun-related crime find their efforts Gun Free School Zones Act as an KENNEDY, KERRY, KERREY, and others. unavailing due in part to the failure or in- amendment. ability of other States or localities to take Finally, the new act addresses the The Gun-Free School Zones Act of constitutional concerns of the Supreme strong measures; and 1995 is a commonsense, bipartisan, con- ‘‘(I) the Congress has the power, under the Court which struck down the original interstate commerce clause and other provi- stitutional approach to combating vio- Gun Free School Zones Act last year. sions of the Constitution, to enact measures lence in our schools. It bars bringing a What we have done to ensure this re- to ensure the integrity and safety of the Na- gun within 1,000 feet of a school, with a sult is simple and sufficient: In every tion’s schools by enactment of this sub- few commonsense exceptions. It modi- prosecution under the act, the Govern- section. fies the Supreme Court’s 1995 Lopez de- ‘‘(2)(A) It shall be unlawful for any individ- ment will now have to prove that the cision to ensure the law’s constitu- gun traveled in or affected interstate ual knowingly to possess a firearm that has tionality. So, let me make a few moved in or that otherwise affects interstate commerce. This very provision was or foreign commerce at a place that the indi- points. suggested by language in Chief Justice First, we need a Federal law. The vidual knows, or has reasonable cause to be- Rehnquist’s majority opinion. And the Federal Government has a crucial role lieve, is a school zone. vast majority of constitutional schol- to play in dealing with the gun traffic ‘‘(B) Subparagraph (A) does not apply to ars agree that this new bill complies the possession of a firearm— that leads right into our classrooms. with the Supreme Court. ‘‘(i) on private property not part of school After all, how can we turn our backs on grounds; a national problem that we can help In conclusion, it does not make much ‘‘(ii) if the individual possessing the fire- solve? sense to treat a modest and sensible arm is licensed to do so by the State in proposal as a major threat to the Fed- which the school zone is located or a politi- The problem is national is scope. Anyone who thinks that this is a local eral-State balance. Our founding fa- cal subdivision of the State, and the law of thers were concerned with common- the State or political subdivision requires problem isn’t looking at the evidence. that, before an individual obtains such a li- Interstate commerce is exactly what is sense, not with alarmist predictions cense, the law enforcement authorities of the causing the problem. Sometimes these about the fate of Federal-State rela- State or political subdivision verify that the guns get into children’s hands through tions. individual is qualified under law to receive the efforts of nationwide gangs. Mr. President, I ask unanimous con- the license; One 14-year-old Madison, WI, gang sent that my extended remarks be ‘‘(iii) that is— ‘‘(I) not loaded; and member told the Wisconsin State Jour- printed in the RECORD. ‘‘(II) in a locked container, or a locked nal that the older leaders of his gang There being no objection, the mate- firearms rack that is on a motor vehicle; brought car loads of guns from Chicago rial was ordered to be printed in the ‘‘(iv) by an individual for use in a program to the younger gang members. For ex- RECORD, as follows: approved by a school in the school zone; ample, the Boston police recently dis- ‘‘(v) by an individual in accordance with a EXTENDED REMARKS OF SENATOR HERB KOHL contract entered into between a school in covered that all of the handguns being ON THE GUN FREE SCHOOL ZONES AMENDMENT the school zone and the individual or an em- bought by gang members in one neigh- The problem of school violence is a na- ployer of the individual; borhood came from Mississippi. The tional one that begs for national attention. ‘‘(vi) by a law enforcement officer acting in young man who was running guns up to Anyone who argues that the problem is an his or her official capacity; or Boston was arrested and shootings in exclusively intrastate problem is not looking ‘‘(vii) that is unloaded and is possessed by the neighborhood dropped more than 60 at the evidence. Interstate commerce is cre- an individual while traversing school prem- percent, from 91 to 20. ating this problem. ises for the purpose of gaining access to pub- The unchecked proliferation of guns and lic or private lands open to hunting, if the These guns have infiltrated our their delivery into the hands of school-aged entry on school premises is authorized by school system and created a national children is national in scope. The raw mate- school authorities. crisis. A Lou Harris survey this year rials for guns are mined in one state, are ‘‘(3)(A) Except as provided in subparagraph found that one in eight youths—two in turned into guns in another state, and are (B), it shall be unlawful for any person, five in high crime neighborhoods—re- put into a child’s hands in another state. The knowingly or with reckless disregard for the ported having carried a gun for protec- gangs that arm these children and encourage safety of another, to discharge or attempt to tion. One in nine said they had stayed them to bring guns to school operate across discharge a firearm that has moved in or away from school because of fear of vi- state lines. that otherwise affects interstate or foreign commerce at a place that the person knows olence. That number jumped to one in The effects of guns in schools stretches is a school zone. three in high-crime neighborhoods. across this nation. Schools and districts with ‘‘(B) Subparagraph (A) does not apply to Although State laws can help address particularly bad gun problems sink deeper the discharge of a firearm— this national problem, not every State and deeper into despair. They have difficulty ‘‘(i) on private property not part of school has a law. And not every State law is procuring Federal aid or grants from na- grounds; adequately drafted to do the job. More- tional foundations. People will not move ‘‘(ii) as part of a program approved by a from out-of-state to that school area because school in the school zone, by an individual over, in many of these States, people they do not want their children in dangerous who is participating in the program; do not serve any time for violating the schools. Businesses will not relocate or es- ‘‘(iii) by an individual in accordance with a law. In Federal cases, they do. With a tablish themselves in areas with dangerous contract entered into between a school in a Federal law, we can fill in loopholes school zones. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10385 Finally, and perhaps most tragically, the In fact, the very provision that has been dorsed by the National Education Asso- children in those schools are prevented from inserted into the bill to make it constitu- ciation, the American Association of learning their ABC’s. All they learn is to live tional was suggested by a section in the School Administrators, the National in terror. Children from Maine to Wisconsin Chief Justice’s opinion in Lopez. In a portion School Boards Association, the Na- to Alabama to Oregon go to school in fear— of that opinion, the Chief Justice noted that fear that they may be shot, that their teach- if the law ‘‘contain[ed] . . . [a] jurisdictional tional Association of Elementary er may be terrorized by a gun-wielding stu- element which would ensure, through case- School Principals and the American dent, that their school day will consist of by-case inquiry, that the firearm possession Academy of Pediatrics. nothing but dodging from one perilously dan- in question affects interstate commerce,’’ Is this legislation a panacea, Mr. gerous situation to another. These children then the law would probably be constitu- President? Of course, not. However, it cannot learn and the educational system tional. is a worthwhile effort to keep our chil- cannot teach. Our national economy is crip- By requiring an ‘‘explicit connection with dren away from the dangers of guns pled. or effect on interstate commerce’’ Congress and violence. The Federal Government has a role to play will be clearly regulating interstate com- in combatting this national problem. We merce pursuant to its constitutional Com- Mr. President, the National Rifle As- must put the full weight and investigative merce Clause power. And the fact is that sociation likes to say that guns do not abilities of the Federal Government behind guns in schools are an interstate commerce kill; people do. But the gun statistics I the drive to keep guns out of school. No problem. There are many known instances of have seen belie their contentions. Fire- state should be forced to stand alone in con- gangs travelling to other states to equip arms kill more teenagers than cancer, fronting this problem. themselves with guns which they then bring heart disease, AIDS, and natural dis- Although many states have their own laws, into schools. That is what this bill seeks to eases combined. Guns are now the lead- we need a Federal law for two reasons: first, regulate: the travel of guns through inter- ing cause of death for both white and many of these State laws are inadequate; state commerce to our schoolhouse steps. and second, a Federal law will serve as a This measure does not, as some opponents black teenage boys. critical support and back-up system for state have argued pave the way to federal regula- We need to fight back the wave of law enforcement officials. tion of state education. I firmly believe that gun violence that is overtaking our But before dealing with these reasons, I education is first and last the business of the streets and neighborhoods once and for want to point out that the amendment we state governments. And this law does not get all. I urge my colleagues to support have introduced today will not hamper, pre- the Federal Government in the business of this important amendment and to help empt or harm the enforcement of those laws regulating schools. It simply gets the gov- protect our children and our teachers in any way whatsoever. ernment in the business of controlling the from gun violence. However, about 5 to 10 states do not have interstate commerce in guns. Since this bill laws which deal with guns in schoolyards. rests on the Federal Government’s power to Mr. KERREY. Mr. President, this is a In addition, of the forty plus states that regulate interstate gun commerce, I do not very good amendment, a change in the have laws, almost half of them simply make believe it could be used to justify Federal law that is needed as a consequence of it a misdemeanor to bring a gun into school. regulation of state education. the Supreme Court decision. I support Unfortunately, that has almost no effect on Mr. LAUTENBERG. Mr. President, I the amendment fully. a juvenile who knows that a juvenile mis- rise today as an original cosponsor of If the Senator wants to request the demeanor record is virtually meaningless. A stiff Federal penalty means a lot more. the Gun Free School Zones amendment yeas and nays we can move imme- Some of the states also have weaker laws. offered by Senator KOHL, which is criti- diately to a rollcall vote. Take, for example, Alabama. Alabama re- cal to protecting the sanctity of our Mr. KOHL. Mr. President, I add Sen- quires that the person charged have brought schools and the safety of our students. ator BIDEN as a cosponsor. the gun to school with ‘‘intent to do bodily Mr. President, each day, an esti- The PRESIDING OFFICER. Without harm.’’ So you can bring a gun to school, dis- mated 135,000 students pack a gun with objection, it is so ordered. rupt and frighten all of the students but still their books on their way to school. In Mr. KOHL. I would like a rollcall get off because you did not intend to actu- 1990, the Centers for Disease Control vote, and I ask for the yeas and nays. ally shoot anyone. That is unacceptable. The PRESIDING OFFICER. Is there a Alabama’s statute also only applies to guns found that 1 in 20 students carried a on public school grounds. Private schools are gun in a 30-day period. Three years sufficient second? uncovered, so anyone can walk into a paro- later, that figure was 1 in 12. There is a sufficient second. chial or private school with a gun and with- At a time when guns are becoming The yeas and nays were ordered. out a fear of prosecution. increasingly prevalent on neighborhood Mr. SHELBY. I suggest the absence And there is still another reason why a fed- streets, we cannot simply stand by and of a quorum. eral law is needed. We need federal and state allow our playgrounds to become bat- The PRESIDING OFFICER. The cooperation to deal with this problem. The tlegrounds. We cannot expect our stu- clerk will call the roll. states need our help. Sometimes they are The legislative clerk proceeded to overwhelmed and need backup. Other times, dents to thrive in an atmosphere where they want to use stiffer Federal penalties. they must fear for their lives and for call the roll. This Gun-Free School Zones Act will not their safety. Mr. BIDEN. Mr. President, I ask preempt a single state law. And after decades In 1990, Congress passed the original unanimous consent that the order for of dealing with complementary Federal- Gun Free School Zones Act with over- the quorum call be rescinded. State laws, good State and Federal prosecu- whelming bipartisan support. As many The PRESIDING OFFICER. Without tors know how to coordinate their efforts— of my colleagues know, a sharply di- objection, it is so ordered. and Federal prosecutors know to step aside vided Supreme Court has invalidated AMENDMENT NO. 5295 when the state has a stiffer law. Just ask Bob Wortham, the former Texas U.S. Attor- that bill, saying that it exceeded con- (Purpose: To provide for the rescheduling of ney nominated by Senator Gramm. Wortham gressional power. flunitrazepam into schedule I of the Con- prosecuted more people under the Gun-Free I personally disagreed with the Su- trolled Substances Act, and for other pur- School Zones Act than anyone else. And he preme Court decision, and signed an poses.) did it while getting rave reviews from state amicus brief supporting the law’s valid- Mr. BIDEN. Mr. President, I ask police, prosecutors, and teachers. This Act is ity. But that is not the issue before us unanimous consent to lay aside the a modest but useful measure that surely can- today. Today, the issue is the safety of pending amendment. not threaten our State governments. our children. The PRESIDING OFFICER. Without You will not hear state officials complain- This amendment ensures the con- objection, it is so ordered. ing about meddling federal officials. Instead, Mr. BIDEN. Mr. President, I call up state officials welcome federal assistance in stitutionality of the Gun Free School this area. Zones Act by requiring the prosecutor amendment 5295 and ask for its imme- The Gun-Free School Zones Act of 1995 to prove as part of each prosecution diate consideration. assures a Federal-State joint venture. that the gun moved in, or affected, The PRESIDING OFFICER. The This amendment is clearly constitutional. interstate commerce. That provision clerk will report. Our original Gun Free School Zones Act was will place only a small burden on pros- The legislative clerk read as follows: struck down as unconstitutional in United ecutors and will ensure our power to The Senator from Delaware [Mr. BIDEN] States versus Lopez. In drafting this amend- proposes an amendment numbered 5295. ment, we consulted with the Justice Depart- keep America’s schools safe. ment and a variety of legal experts who care- Mr. President, this legislation has Mr. BIDEN. I ask unanimous consent fully scrutinized this bill and concluded it the support of the law enforcement and reading of the amendment be dispensed would easily pass the Lopez test. education communities. It has been en- with. S10386 CONGRESSIONAL RECORD — SENATE September 12, 1996 The PRESIDING OFFICER. Without should set a priority to deal with that time to act on trying to snuff them out objection, it is so ordered. drug.’’ before they become too popular. The amendment is as follows: Now, that is one of the whole pur- There is a heightened urgency be- At the appropriate place in the bill, insert poses for drug strategy: You pick prior- cause of one stark fact. These new the following: ities and say, ‘‘Look, we will focus on drugs—the one with the slang name SEC. ll. RESCHEDULING OF FLUNITRAZEPAM this drug or that drug.’’ I know the ‘‘Special K,’’ which is an animal tran- INTO SCHEDULE I OF THE CON- Presiding Officer knows what hap- quilizer, I might add, and Rohypnol, TROLLED SUBSTANCES ACT. pened. He knew in Utah long before which is a different drug—are being Notwithstanding sections 201 and 202 (a) and (b) of the Controlled Substances Act (21 they found out in Iowa, and they have used primarily by our children. Now, U.S.C. 811, 812 (a), (b)), respecting the sched- not found out yet in Delaware, but all of a sudden, everyone from the ad- uling of controlled substances, the Attorney they knew before him in California ministration to the Republican-con- General shall, by order— about a thing called methamph- trolled Congress, including Democrats (1) transfer flunitrazepam from schedule IV etamines—‘‘meth.’’ What most people in the Congress, has discovered that of such Act to schedule I of such Act; and do not know, but the distinguished drug use among youth is up. (2) add ketamine hydrochloride to schedule Presiding Officer knows, is that there I came to the floor of the U.S. Senate II of such Act. are more drive-by shootings in Salt a year and a half ago and laid out the SEC. ll. PENALTY FOR ADMINISTERING A CON- facts, figures, numbers, and even wrote TROLLED SUBSTANCE TO FACILI- Lake City than any other major city in TATE A FELONY. the country—one of finest cities, low- a report that you all got stuck on your (a) IN GENERAL.—The Controlled Sub- est crime rates in the country. desk. Understandably, like most re- stances Act (21 U.S.C. 100 et. seq.) is amended What happened? Along came this ports, none of us read them. In the re- by adding at the end of part D the following drug called ‘‘ice,’’ or methamphet- port, I start off saying, ‘‘Our Nation new section: amine. It is a drug that is manufac- has already seen the first signs of a ‘‘PENALTY FOR ADMINISTERING A CONTROLLED tured, that has properties that are trend that chills every parent—a rising SUBSTANCE TO FACILITATE A FELONY similar in effect and that are more in- drug use among young children. This is ‘‘SEC. 423. Whoever administers a con- tense than cocaine. All of a sudden, the the proper focus of our national crime trolled substance to a person without that gangs that were manufacturing this debate in the months ahead.’’ person’s knowledge for the purpose of facili- synthetic drug, the Bloods and Crips in That was a year and a half ago. I laid tating the commission or attempted com- Southern California—things got too out all the reasons why it was there. mission of a felony under Federal or State To anybody involved in the drug prob- law shall, in addition to any other penalty hot for them there, so they literally imposed, be imprisoned for up to 10 years, moved to Utah. Then things got too lem, dealing with the drug issue, they fined as provided under title 18, United hot for them in Utah, and they moved are not surprised by the figures. But all States Code, or both.’’. up into Montana and Idaho. Now they of a sudden, in this election year, (b) FEDERAL AND STATE COORDINATION.— have moved, literally, into Iowa, which Democrats and Republicans alike have The United States Attorney shall coordinate is a major producing State now. found that we have a problem with the prosecution of any defendant charged So what is happening then? It is like youth violence and a problem with with an offense under section 423 of the Con- a wave. See, ‘‘ice’’ started in Hawaii, drug abuse among our young. trolled Substances Act with State and local and we had notice of it. I have been Well, I am here to tell you all again law enforcement agencies. hollering about it for 6 years now. But that we have an additional problem. (c) CONFORMING AMENDMENT.—The table of sections for part D of the Controlled Sub- we did not focus on it. We always wait We have an additional problem. There stances Act is amended by inserting after until the wave hits us before we focus are two particular drugs that are gain- the item relating to section 422 the following on it. Then it hit California, and lit- ing vast popularity among young peo- new item: erally, you could see it working its way ple, and they have an incredibly nega- ‘‘Sec. 423. Penalty for administering a across America. tive effect, which I will describe in a controlled substance to facili- Now, the reason I bother to say that moment, and we are not targeting tate a felony.’’ is that when we have moved before an them. They are schedule 4 drugs, which Mr. BIDEN. Mr. President, let me get abuse of a particular drug has over- means they are at the bottom of the right to the point. What I am attempt- whelmed our communities, we have heap. They are viewed as the least dan- ing to do here, so I do not confuse my been successful. The advantages of gerous of all the things out there. As a colleagues who do not have the oppor- moving early are clear. There are fewer consequence of that, Mr. President, tunity or requirement to deal with the pushers trafficking in that drug, and, what happens is, local police don’t drug issue as much as I do, I am at- most important, there are fewer de- focus on them, Federal resources don’t tempting to change the schedule—that pendencies, fewer people dependent on focus on them, parents don’t pay atten- is the term of art—of these two par- the drug, so there are fewer people tion to them, nobody looks at them be- ticular drugs, Rohypnol, and another needing to go out and push the drug cause they are the thing that is the drug which is referred to as ‘‘Special they are dependent on to make the least problematic. Well, these two are K,’’ and I will get into this in a minute. money to consume the drug. Literally, incredibly pernicious. They are now the lowest classified we can get it before the networks are So that is why I am calling on the drug that you are not able to use. I in place. Senate to pass legislation to make want to move them up into the highest There are organized networks, and both of these drugs subject to much classification, which make them a there are networks that come about as stricter regulation. This can be accom- schedule 1 drug, the most dangerous a consequence of the consumption, be- plished by moving these drugs to a dif- drugs that are out there. When you cause the people consuming need to ferent schedule under the Federal Con- change the schedule, you change all make money to continue to consume trolled Substance Act. I realize that the resources of the Government as to their drugs. So what do they do? They sounds bureaucratic. But it is a big how much attention they pay to the il- make a deal with their pusher and say, deal, how you schedule the drug. This licit use of these drugs. ‘‘I will get you two more customers.’’ is not a step, I might add, to be taken Now, the best time, Mr. President, to It is kind of like the old pyramid lightly, because there is a regulatory target a new drug which is coming on scheme. But the problem is, once the procedure in place for scheduling con- to the scene is at the front end. For ex- pyramid has been built, we play heck trolled substances. Unfortunately, this ample, I remember Senator MOYNIHAN with trying to break it up at that regulatory procedure can take years to in the early 1980’s standing on the floor point. accomplish and change. It has to be of the Senate and saying, ‘‘Hey, look, So today, we are tracking the arrival done now. It has to be done now. there is a new drug called crack co- of two new drugs, Rohypnol, and a drug In the past decade—to underscore my caine.’’ It had not been around before. called ‘‘Special K’’—I will get into that point here—Congress has taken legisla- ‘‘There is a new drug called crack coin a moment—as they begin their slow tive action by going around or over the caine that is being used heavily in the popularity across the country and bureaucratic procedure to reschedule Bahamas. We are beginning to see it begin to show extreme popularity in drugs. Guess what? It has worked. In being imported in New York. We really several States. So today—now—is the 1984, Mr. President, I came to the floor September 12, 1996 CONGRESSIONAL RECORD — SENATE S10387 of the Senate and I said, ‘‘Hey, look, hanced the high and you were very youth who are combining drugs and al- what I am hearing from all the drug ex- mellow. cohol. perts in the country is that Quaaludes Recently club drugs have made a re- In addition, this has led to it being are being abused in proportions that we surgence in popularity, and they are referred to as the ‘‘forget me pill’’ or should be very worried about. They are now showing up in both bars and what the ‘‘forget pill.’’ Even more frighten- on the verge of becoming an epidemic they call ‘‘raves.’’ For some of you who ing, many of the people are finding the that, in fact, will impact upon young are not as old as I am, ‘‘raves’’ are all- drug attractive as a way of creating people.’’ And so, with the help of many night dance marathons popular with blackouts in other people. of my colleagues, we passed a law to teenagers. So we have increasing accounts of make Quaaludes, a previously medi- Club drugs are typified by the way unscrupulous males in almost every in- cally approved sedative, a controlled they have suddenly gained popularity stance literally—back in our day you substance, a schedule 3 controlled sub- and have become a drug of choice. They would hear the phrase, or my grand- stance. have become trendy among youth, and father used to talk about a Mickey Now, Mr. President, in the decade often these drugs are legally manufac- Finn—spiking somebody’s drink. There since that legislation took effect, tured, but are being used by youth in is a real reward when a young man Quaalude abuse has dropped signifi- ways unintended by the manufacturer spikes a drink of a young woman: (a) cantly. Emergency room Quaalude and unapproved by the Food and Drug she becomes much more uninhibited; overdoses—the best way to measure Administration. and, (b) when he takes advantage of abuse is by the overdoses in the hos- Rohypnol and ‘‘Special K’’ are two of her, rapes her, has sex with her, mo- pital emergency rooms—are down 80 the drugs which have recently hit the lests her, she is incapable of remember- percent. It worked; they are down 80 youth scene and quickly become popu- ing with enough specificity to pros- percent from 1984 to 1994. lar. Both of these drugs are very dan- ecute him that he is the one. Let me In legislation I sponsored, which was gerous drugs whose current legal sta- give you an example. passed as part of the 1990 Crime Con- tus does not reflect the dangers inher- She will be able to remember that trol Act, steroids were reclassified as a ent in their abuse. she has been violated. So the damage is schedule 3 substance, scheduling them Rohypnol abuse was first documented done physically and psychologically. to more strict controls. I see my friend in the United States in 1993. Although But when in a courtroom being asked from Florida on the floor. He has been abuse was first noted in southern Flor- by a cross-examining defense attorney, deeply involved in these drug abuse is- ida, in the past 2 years abuse has ‘‘Well, tell me where you were exactly. sues. He can tell you that we were spread rapidly, and Rohypnol activity Tell me what he was wearing. Tell me hearing from every athletic director, has been reported in more than 30 what room you were in.’’ All of the we were hearing from every coach, we States. things that go to credibility, she is in- were hearing from schoolteachers, we Without rapid and strong Govern- capable of remembering. were hearing about this incredible ment action, I predict that this abuse So it has become increasingly popu- abuse of steroids. All you had to do was will continue. It will spread. Teenagers lar to abuse young women. That is why pick up any magazine, from Sports Il- find Rohypnol an attractive drug for a they call it—not just young women, lustrated to Time magazine, several number of reasons. Frighteningly, one any woman. But because it is used in years ago, in the late 1980’s and early of the major reasons that youth do not this club scene, that is the place that it 1990’s, and they are saying, ‘‘Wow, this see Rohypnol as a dangerous drug is be- is used most often. is a big-deal problem.’’ It was a big- cause it has legitimate medical use in So the combination of a lack of inhi- deal problem. So we rescheduled the some areas of the world, and they mis- bition and memory loss caused by drug. Since we rescheduled the drug, takenly believe that if they are taking Rohypnol mixed with alcohol makes subjecting it to stricter regulation, the that drug in its original packaging women especially vulnerable to being annual use of steroids is down 42 perform, the manufacturer indicates that victims of date rape by people who con- cent in the first 2 years after enacting it is both safe and unadulterated. They vince women to take Rohypnol while this legislation. think, ‘‘Well, how can that hurt me? drinking, or who put the drug in the Mr. President, I just cite this to Why is that a problem?’’ woman’s drink without her knowledge. point out to the skeptics—like in Cali- In addition, there are few existing Mr. KERREY. Will the Senator yield fornia the referendum for the use of means for testing and prosecuting for just a moment? marijuana for medical uses—to the youth for Rohypnol possession and in- Mr. BIDEN. Yes. people who have given up—whether it toxication. The combination of Mr. KERREY. We have just been no- is William Buckley, Mayor Schmoke, Rohypnol and alcohol makes it possible tified by the majority leader that it is George Shultz, or whoever, who are for a young person to feel very intoxi- his intention to file and say no more talking about legalization—the reason cated while remaining under the legal votes past 9 o’clock, which means we they are giving up on that stuff is not blood-alcohol level for driving. That is would have, unless we are able to finish because they think it is good to legal- one of the reasons for its popularity. this bill up tonight by 9, votes on Fri- ize it, but they don’t think we can do In addition to gaining attention for day. anything about the problem. Well, we the increasing rate of abuse, Rohypnol Mr. BIDEN. Mr. President, is there can. It is like any disease. It is like has also been the focus of another so- any likelihood that my colleagues will anything, from breast cancer to any cial problem, a particularly ugly be willing to accept this amendment? other disease you can name, the earlier crime: that is what is referred to as Mr. KERREY. Apparently there is you detect it, the quicker you act on it date rape. In fact, in many areas and in some Republican on this side of the before it spreads, the better your a number of newspaper accounts, aisle that has a problem. chances are of dealing with it. Rohypnol is referred to as the ‘‘date We are talking about the Rohypnol It seems to me, Mr. President, it is rape drug.’’ amendment? time to legislate stricter controls for Let me explain why. This connection Mr. BIDEN. Yes. Because the drug Rohypnol and ‘‘Special K.’’ The record- between Rohypnol and rape is due to companies, the outfit that manufac- high abuse rates of the 1970’s were ac- the drug’s disinhibitory effects and its tures Rohypnol, does not like it being companied by a unique drug culture, likelihood of causing amnesia when it moved into schedule 1. signified by the presence of what used is taken with alcohol. Unfortunately, I will take 2 more minutes to talk to be called ‘‘club drugs.’’ By a club the amnesia effect is one of the reasons about Ketamine, and then I will yield drug, I mean a drug popular with youth why many people who abuse Rohypnol the floor, and I am ready for a vote. and young adults who frequent dance are attracted to it. It is commonly re- Mr. KERREY. Are you going to need clubs and often mix drugs with alcohol ported that people taking Rohypnol in a second amendment? and other substances. combination with alcohol typically Mr. BIDEN. No. This is all in one Quaaludes are one of those club have blackouts and memory losses that amendment. drugs. That is the manner in which last 8 to 24 hours. The novelty of the So let me just briefly explain what they were consumed because it en- blackouts attract youth, particularly Ketamine is. Ketamine is an animal S10388 CONGRESSIONAL RECORD — SENATE September 12, 1996 tranquilizer. Ketamine is a been called to the floor. If we are not Sunday’s Washington Post stated: hallucinogen that is very similar to through at 9 o’clock—which is in 2 President Clinton signed Presidential deci- PCP. It is called ‘‘Special K.’’ It has be- hours and 20 minutes—the majority sion Directive No. 14 shifting U.S. antidrug come a new, popular ‘‘designer’’ drug. leader has informed me and asked me efforts away from intercepting cocaine as it Although the drug has been in exist- to share with everybody that we will be passed through Mexico and the Caribbean ence for several years, its abuse has in session tomorrow on this bill. and instead attacking the drug supply at its rapidly become more prevalent in re- Mr. KERREY addressed the Chair. sources in Colombia, Bolivia, and Peru. The two policy changes marked 1993 as a cent years. The PRESIDING OFFICER. The Sen- watershed year in the hemispheric war on In fact, a club in New Jersey was re- ator from Nebraska. drugs and now the results are in. Mexico be- cently closed by police after it discov- Mr. KERREY. Mr. President, to un- came the main gateway into the United ered teens were attending these things derscore again, we had an amendment States for illegal narcotics . . . and teenage called ‘‘raves’’ where club employees earlier that Senator KOHL brought drug use in the United States doubled. distribute bottled water for the pur- down. We were ready to vote on it. A Let me repeat that, Mr. President. pose of being able to take this drug Member somewhere—Lord knows Mexico became the main gateway way into called ‘‘Special K.’’ where they are —said, no, we want to the United States for illegal narcotics . . . In addition to seizures in New Jersey, come down and speak against it. They and teenage drug use in the United States recent newspaper articles have men- still are not here. doubled. tioned seizures in Maryland, New York, We would have accepted this amend- Mr. President, the problem of teen- Pennsylvania, Arizona, California, and ment that Senator BIDEN just offered. age drug use is growing rapidly. Ac- Florida. Drug trafficking experts have We have a rollcall vote. I have a couple cording to published reports, drug use also cited the presence of ‘‘Special K’’ Members who want to speak against. by teens in general is up 105 percent, in Georgia and the District of Colum- They are not here. It is quarter to 7. It teenage marijuana use is up by 141 per- bia and in my home State of Delaware. is one thing to say I want a chance to cent, and teenage cocaine use has risen It is considered the successor to PCP, offer an amendment but if, for gosh a startling 166 percent. Clearly, some- or ‘‘angel dust,’’ as it is known in the sakes, all you want to do is speak on thing must be done. streets, due to the similarity of the the amendment, put a statement in. The High-Intensity Drug Trafficking two drugs’ chemical compositions and Let us go to a vote. Do not tie this Areas Program was established by the mind-altering effects. There have also thing up forever just because you want Antidrug Abuse Act of 1988 and pro- been reports of PCP being sold to peo- to come and make a statement. If you vides Federal assistance to State and ple who think they are buying ‘‘Special are not prepared to come down to the local law enforcement agencies in the K.’’ floor to talk, then put in a written areas of our Nation most affected by The bottom line is that this is be- statement. I will put a written state- drug trafficking. This program has coming an incredibly popular drug. ment in for you, speak passionately for been very successful. The point I will conclude with is I you, whatever it takes, but let us get It is clear that we must do more, say to my colleagues that by moving to these votes. much more. The fact that drug use Rohypnol to schedule 1 of the Federal Mr. MCCAIN. Mr. President, I ask among teenagers has doubled is a star- Controlled Substances Act and adding unanimous consent to lay aside the tling and disturbing statistic. It should ‘‘Special K,’’ Ketamine, to schedule 2 of pending amendment. cause us all to stop what we are doing the act, this legislation will subject The PRESIDING OFFICER. Without and question our children’s future. The both drugs to tough controls, increased objection, it is so ordered. facts are clear. Their future will be in penalties for unlawful activities in- AMENDMENT NO. 5266 jeopardy if the drug epidemic contin- volving the two drugs, and it will in- (Purpose: To increase funding for drug ues unabated. crease the attention of law enforce- interdiction efforts by $32,769,000) Rhetoric is not going to solve the ment and direct Federal efforts against Mr. MCCAIN. Mr. President, I have problem. The President has tried the this. amendment No. 5266 at the desk. I ask political approach. He gutted the drug Mr. President, It also enhances the for its immediate consideration. czar’s office and changed our Nation’s penalties for people who abuse both The PRESIDING OFFICER. The drug interdiction strategy. Now that these drugs. clerk will report. an election is approaching and star- In an attempt to cooperate as much The legislative clerk read as follows: tling facts regarding the skyrocketing as I can, I will yield the floor unless The Senator from Arizona [Mr. MCCAIN], use of drugs are in the press, the Presi- there is somebody who will argue for himself and Mr. HELMS, proposes an dent is paying this issue lip service. against it. amendment numbered 5266. This is not enough. Mr. KERREY. Would the Senator Mr. MCCAIN. Mr. President, I ask We need action. We need to curb drug like to have the yeas and nays? unanimous consent that reading of the use. That is exactly what this amend- Mr. BIDEN. I would like to have the amendment be dispensed with. ment will do. It will fund more police yeas and nays. The PRESIDING OFFICER. Without on our border. It will fund more inter- I would be delighted if it could be ac- objection, it is so ordered. diction programs. It will fund a special cepted. If it can be accepted, I will not The amendment is as follows: project to curb the production and dis- seek a vote. On page 22, line 14, strike ‘‘$4,085,355,000’’ tribution of methamphetamines in the Mr. SHELBY. At this point we can- and insert in lieu thereof ‘‘$4,052,586,000’’; Midwest. not. On page 42, line 26, strike ‘‘$103,000,000’’ and According to Monday’s Washington insert in lieu thereof ‘‘$135,769,000’’. Mr. BIDEN. I ask for the yeas and Post, the President wrote: Mr. MCCAIN. Mr. President, I am nays. In the national drug control strategy, I The PRESIDING OFFICER. Is there a aware, as I propose this amendment, asked Congress to be a bipartisan partner sufficient second? there are I believe a couple of other and provide the resources we need to get the There is a sufficient second. speakers who wanted to come over and job done. That is why I urge you to ensure The yeas and nays were ordered. speak in opposition to the amendment. that Congress fully funds my antidrug budg- Mr. SHELBY. Mr. President, I would I hope they will display the courtesy to et requests before you conclude your work like to tell all the Members that have the managers of the bill by coming and return home. been conferring with the majority lead- over so that we can complete our work I think we should comply with the er that he wants us to be out of here at by 9 o’clock this evening. President’s request. He said, ‘‘I urge 9 o’clock. There are a number of Mr. President, this amendment would you to ensure that Congress fully funds amendments. We have made a lot of increase funding for the High-Intensity my antidrug budget requests before progress. People have come over here. I Drug Trafficking Areas Program by you conclude your work and return know Senator MCCAIN is ready to $32.7 million. That $32.7 million is de- home.’’ move. He has been detained somewhere rived by cutting the tax law enforce- This amendment represents a good else. In just a few minutes he will get ment appropriated level to the amount start. I admit the $32 million this moving. There are others who have that was passed by the House. amendment would add to our drug September 12, 1996 CONGRESSIONAL RECORD — SENATE S10389 interdiction program will not solve the Mr. McCAIN. I thank the Senator. Recent statistics have shown that over problem. But it is a necessary first I do thank my friend from Nebraska. one-third of all violent acts and almost step. And I hope my friend from Nebraska half of all homicides among juveniles We must fund these programs. As the will keep in mind its importance as are linked to drugs. data demonstrates, we are clearly not they go to conference. Recent drug abuse statistics have doing enough now. I thank my friend. I am grateful to confirmed what many of us already The money to fund this increase in my friend from Nebraska. knew. Namely, that our Nation has our drug interdiction program is de- I ask unanimous consent to add Sen- been losing ground in the war against rived by funding the IRS tax auditor ator COVERDELL as a cosponsor. drugs. The most recent annual survey section of the bill at the House-passed The PRESIDING OFFICER. Without of drug use among our Nation’s youth level rather than at the higher Senate objection, it is so ordered. revealed some shocking statistics. Just amount. The House believes the IRS Mr. McCAIN. I thank my friend from two examples from the survey will can fulfill its duties on the amount ap- Nebraska. I do want to point out that demonstrate the enormity of the prob- propriated, especially in the auditor as on many issues the Senator from lem we now face. For example, the sur- section. I am inclined to agree and be- Nebraska has been a leader against this vey found: lieve the Senate add-on will be better fight in the drug war and I thank him First, drug use by U.S. teenagers sky- spent on our drug control efforts. The for it. rocketed 105 percent between 1992 and effects of this cut have been incor- Mr. HELMS. Mr. President, I am 1995; and porated into the bill and will not cause pleased to cosponsor the amendment of Second cocaine use among teens in- any budgetary problems. the distinguished Senator from Ari- creased 166 percent in the 1 year from Mr. President, we have to act on this zona, [Mr. MCCAIN] to provide an addi- 1994 to 1995. matter. The future of our young people tional $32.7 million dollars to fight the These statistics reflect a continued depends on stopping our country’s drug deluge of illegal hard drugs into the breakdown in our social fabric. The epidemic, and this amendment I be- United States. This additional funding damage this poison inflicts is measured lieve is a reasonable restraint and log- will go to the High-Intensity Drug not merely in terms of dollars and ical first step. I hope it will be adopted. Trafficking Area Program, the purpose cents, but more importantly, in lost In deference to the fact we are work- of which is to provide increased Fed- and squandered lives. Each year, illegal ing on a 9 o’clock time constraint, in eral assistance to the most critical drugs claim the lives of 25,000 Ameri- deference to the fact that my colleague drug trafficking areas in our country. cans and devastate countless thousands from Georgia, I believe, Senator This amendment is fully offset by a of family and friends who are left behind. COVERDELL, is waiting here to speak, reduction in the Senate recommended Mr. President, while there is no sin- and we have other amendments, I will IRS enforcement funding level to the gle solution to the problem of illegal abbreviate my remarks. But the abbre- level passed by the House. drug use, it is abundantly clear that we viation of my remarks should not be Mr. President, the pending amend- must redouble our efforts if we are to interpreted as a lack of concern or a ment is another necessary step toward stop the loss of yet another generation lack of priority that I feel about this recommitting our government and the to the scourge of illegal drugs. The drug problem in America. American people to the war on drugs. I happen to come from a State that It supplements an amendment, builds McCain amendment will focus re- cocaine is pouring through. Unfortu- on one I offered last week during con- sources on one of the areas that they nately, it is not all going through my sideration of the VA-HUD appropria- are most urgently needed—in those State. A lot of it is stopping in Ari- tions bill. The Senate unanimously cities and ports of entry that are most zona. Tragically, in the poorer sections passed that amendment to provide an heavily impacted by drug-trafficking. The PRESIDING OFFICER. The of Phoenix, AZ, and Tucson, AZ, and additional $20 million to fight drug use question is on agreeing to the amend- around my State the use of drugs is in public housing projects. I hope we will see that same level of support for ment. dramatically on the increase. I have The amendment (No. 5266) was agreed met with individuals who have had per- the pending amendment. This amendment is consistent with to. sonal experiences, residents of these Mr. KERREY. Mr. President, I move the testimony of the experts who testi- areas, and they are deeply alarmed and to reconsider the vote. fied at the recent Foreign Relations deeply concerned. They blame the rise Mr. MCCAIN. I move to lay that mo- of gang activities on the economic as- Committee hearing on international tion on the table. pects of the sale of drugs. They blame drug trafficking. At that hearing, over The motion to lay on the table was the deaths and wounding of young indi- which I presided, two North Carolina agreed to. viduals on gang wars and gang-related law enforcement officers, Charlotte- Mr. KERREY. Mr. President, I know activities. They blame a great deal of Mecklenburg Police Dept. Sgt. Terry the Senator from Florida is here to the problems that exist in their neigh- Sult and Sheriff B.J. Barnes of Guilford offer an amendment. I wonder if he can borhoods on this horrific drug problem County, NC, along with a member of tell me how much time he has, because that is going up and up and up. the L.A. gang known as the ‘‘bloods,’’ what I would like to do is propound a I had hoped that this amendment described in graphic detail, the dev- unanimous-consent request. We have would have been accepted. I understand astating effects of the drug trade at the two amendments up here that are wait- that Senator SHELBY may have a mo- local level. They also confirmed what ing for votes. We are waiting for Mem- tion to table this amendment. national experts, such as John Walters, bers to come down and speak. In one Mr. KERREY. Mr. President, will the the deputy drug czar in the Bush ad- case, it was an hour ago they were on Senator yield? ministration, who also testified at our the way down here. I would like to pro- Mr. McCAIN. Yes. hearing, told us about changes in the pound a unanimous-consent request Mr. KERREY. Sometimes brevity is distribution of drugs at the national that we proceed to a vote on the Kohl the best thing to do. I must say ini- level. amendment, a 15-minute rollcall vote tially perhaps it is pride of authorship; Mr. President, these experts all spoke on the Kohl amendment, immediately when you put a bill together yourself, of the increasing influx of illegal nar- followed thereafter by a 15-minute vote you think nobody can make an im- cotics, the vast majority of which are on the Biden amendment. provement upon it. I have had a lot of produced in South America, into their How long did the Senator want to experience with it, and especially in communities. They also addressed the speak? the Midwest we have a very serious violence associated with the drug trade Mr. GRAHAM. Mr. President, I be- methamphetamine problem in Ne- and the despicable practice of employ- lieve 15 minutes. braska. ing ever younger children in the ped- Mr. KERREY. Mr. President, I ask I just checked with the chairman’s dling of this poison. According to the unanimous consent the Kohl amend- staff person on this, and I believe we DEA, much of our Nation’s violent ment vote begin at 7:20, immediately would be prepared to accept this crime, particularly among juveniles, is followed by the rollcall vote on the amendment. linked to drug trafficking and drug use. Biden amendment. S10390 CONGRESSIONAL RECORD — SENATE September 12, 1996 The PRESIDING OFFICER. Is there evaluation required under section 1867(a), as stabilization and screening, without re- objection? being needed promptly by an individual en- gard to the persons’ ability to pay. Mr. MCCAIN. I object. rolled with the organization under this part. ‘‘(B) The organization is deemed to have Second, health maintenance organi- The PRESIDING OFFICER. Objec- approved a request for such promptly needed zations, which, today, provide Medicare tion is heard. items and services if the physician or other services for almost 1 out of 10 Medicare The Senator from Florida. emergency department personnel involved— beneficiaries, are not required to reim- Mr. GRAHAM. Mr. President, I have ‘‘(i) has made a reasonable effort to con- burse the emergency room if it per- two unanimous-consent requests. First, tact an individual described in subparagraph forms the services that we have statu- that Ms. Nani Coloretti, of our office, (A) for authorization to provide an appro- torily required the emergency room be allowed the privilege of the floor priate referral for such items and services or and its professional staff to perform. during the consideration of the Treas- to provide the items and services to the individual and access to the person has not been Who is affected by this anomaly? ury-Postal appropriations bill. provided (as required in subparagraph (A)), Who is caught in the catch-22 which we The PRESIDING OFFICER. Without or have created? Obviously, it is the Medi- objection, it is so ordered. ‘‘(ii) has requested such authorization from care beneficiaries, the Medicare bene- Mr. GRAHAM. And, second, I ask the person and the person has not denied the ficiaries who, as we have increasingly unanimous consent to be listed as a co- authorization within 30 minutes after the encouraged them to do, have signed a sponsor of the amendment offered by time the request is made. contract with a health maintenance or- ‘‘(C) Approval of a request for a prior au- Senator MCCAIN. thorization determination (including a ganization and now have found that, The PRESIDING OFFICER. Without deemed approval under subparagraph (B)) after having gone to the emergency objection, it is so ordered. shall be treated as approval of a request for room, had services provided, finds that Mr. KERREY. Will the Senator yield any items and services that are required to they are denied reimbursement and be- for a moment so I can inform col- treat the medical condition identified pursu- come financially obligated for what, in leagues, once again, the objection was ant to the required screening evaluation. many cases, is a very substantial bill. offered for the purpose of allowing Sen- ‘‘(D) In this paragraph, the term ‘emer- Mr. President, I have, and I would gency services’ means— ators to come over to offer a perfecting like to offer as one of several items to amendment on the Biden amendment. ‘‘(i) health care items and services furnished in the emergency department of a appear immediately after my remarks, We have 2 hours and 5 minutes. Other- hospital (including a trauma center), and a letter from a health care organiza- wise, we get votes tomorrow. ‘‘(ii) ancillary services routinely available tion in Clinton Township, MI, St. John The PRESIDING OFFICER. The Sen- to such department, Emergency Physicians. They outline ator from Florida has the floor. to the extent they are required to evaluate an example of this instance in which a Mr. GRAHAM. I ask the pending and treat an emergency medical condition 46-year-old female patient presented amendments be laid aside for purposes (as defined in subparagraph (E)) until the herself to their emergency room de- of offering an amendment. condition is stabilized. partment. The patient was traveling in The PRESIDING OFFICER. Without ‘‘(E) In subparagraph (D), the term ‘emergency medical condition’ means a medical a car with her husband when she expe- objection, it is so ordered. condition, the onset of which is sudden, that rienced a sudden onset of shortness of AMENDMENT NO. 5245 manifests itself by symptoms of sufficient breath and collapsed. She was rushed (Purpose: To ensure medicare beneficiaries severity, including severe pain, that a pru- to the emergency department in an have emergency and urgent care provided dent layperson, who possesses an average ambulance. and paid for by establishing a definition of knowledge of health and medicine, could rea- Despite the best efforts of the emer- an emergency medical condition that is sonably expect the absence of immediate gency room personnel, the patient, un- based upon the prudent layperson stand- medical attention to result in— ard) ‘‘(i) placing the person’s health in serious fortunately, did not respond to any of the emergency treatment. She was pro- Mr. GRAHAM. Mr. President, I send jeopardy, nounced dead. The cause of death was an amendment to the desk. ‘‘(ii) serious impairment to bodily functions, or cardio-pulmonary arrest. The patient The PRESIDING OFFICER. The ‘‘(iii) serious dysfunction of any bodily belonged to a HMO organization. They clerk will report. organ or part.’’. refused coverage and have sent a bill of The bill clerk read as follows: ‘‘(F) In subparagraph (D), the term $1,200 to the widower of the deceased ‘stabilizationn’ means, with respect to a The Senator from Florida [Mr. GRAHAM] patient. proposes an amendment numbered 5245. emergency medical condition, that no mate- That is illustrative of situations Mr. GRAHAM. Mr. President, I ask rial deteriorationn of the condition is likely, within reasonable medical probability, to re- which relate to emergency rooms in unanimous consent that reading of the sult or occur before an individual can be HMO’s. amendment be dispensed with. transferred in compliance with the require- You might say this certainly is an The PRESIDING OFFICER. Without ments of section 1867 of the Social Security anomaly; this is aberrant; this cannot objection, it is so ordered. Act.’’. be a recurring condition. In fact, pres- The amendment is as follows: (c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall be ef- ently 60 percent of all of the claims dis- At the appropriate place, insert the follow- fective for contract years beginning on or puted between Medicare beneficiaries ing: after the date of the enactment of this Act. and managed care plans involve emer- ll SEC. . REQUIREMENTS FOR MEDICARE MAN- gency services. Sixty percent of the AGED CARE. Mr. GRAHAM. Mr. President, Con- disputes between Medicare bene- (a) ACCESS TO EMERGENCY SERVICES.—Sub- gress has created an anomaly, a catch- paragraph (B) of section 1876(c)(4) of the So- 22 situation which occurs in one of the ficiaries and an HMO plan relate to cir- cial Security Act (42 U.S.C. 1395mm(c)(4)) is most traumatic areas of our society, cumstances that revolve around emer- amended to read as follows: the hospital emergency room. The gency room services. ‘‘(B) meet the requirements of section 3 of anomaly is that under the Federal The purpose of this amendment is to the Access to Emergency Medical Care Act Emergency Medical Treatment Act, resolve that dispute. We are not doing of 1995 with respect to members enrolled this for the first time. In November with an organization under this section.’’. physicians in hospitals which partici- 1995, this Senate, by unanimous vote, (b) TIMELY AUTHORIZATION FOR PROMPTLY pate in Medicare must provide ‘‘an ap- NEEDED CARE IDENTIFIED AS A RESULT OF RE- propriate medical screening examina- adopted this amendment as part of the QUIRED SCREENING EVALUATION.—Section tion to any patient who presents him- Medicare component of the Balanced 1876(c) of such Act (42 U.S.C. 1395mm(c)) is self or herself in an emergency room Budget Act. amended by adding at the end the following: without regard to insurance coverage We are not the only ones to be con- ‘‘(9)(A) The organization must provide ac- or ability to pay. If the emergency concerned about this. Increasingly, States cess 24 hours a day, 7 days a week to individ- dition exists, the patient must be sta- are adopting provisions to resolve this uals who are authorized to make any prior dispute between HMO patients and authorizations required by the organization bilized before transfer or release.’’ for coverage of items and services (other So, the hospital which provides Medi- emergency rooms. To date, Maryland, than emergency services) that a treating care services is required to receive any Virginia, and the State of Arkansas, physician or other emergency department persons presenting themselves to the have all adopted legislation that re- personnel identify, pursuant to a screening emergency room and to provide initial lates to this subject, and action is September 12, 1996 CONGRESSIONAL RECORD — SENATE S10391 being taken by the leaders of the indus- lay person is met, then that individual HMO, EMERGENCY DOCS JOIN TO SEEK try, of the health maintenance organi- should be eligible, or the physicians or FEDERAL STANDARDS FOR ER COVERAGE zations. Washington Health Week of the emergency room which provided HMO patients who make emergency room August 26, 1996, states that: the services, should be eligible for the (ER) visits may benefit from the unlikely alliance of a leading HMO company and an HMO patients who make emergency room reimbursement for the services which emergency physician group jointly pushing visits may benefit from the unlikely alliance they provide. for federal standards that would make it of a leading HMO company and an emer- As I say, that is the standard the harder to deny coverage for such services. gency physicians group, jointly pushing for Senate has adopted. It is the standard Kaiser Foundation Health Plan and the federal standards that would make it harder increasingly States have adopted. It is American College of Emergency Physicians to deny coverage for such services. the standard which the leaders in the are advocating standards for emergency care Kaiser Foundation Health Plan and the health maintenance organization in- coverage that include the controversial American College of Emergency Physicians dustry and the College of Emergency ‘‘prudent layperson’’ standard. are advocating standards for emergency care Physicians recommended be adopted. ER coverage mandates, particularly the coverage that include the controversial prudent layperson language, have been a ‘‘prudent layperson’’ standard. I urge the adoption of this amendment which will give peace of mind to source of conflict between physicians and the It goes on to say: millions of Americans and will help re- managed care industry. The jointly developed standards would re- Kaiser, the nation’s second largest HMO solve the largest single source of con- chain, is trying to get other managed care quire managed care plans to cover non-emer- tention between Medicare bene- gency services provided in an emergency de- companies to support the standards, but partment if a prudent lay person would rea- ficiaries, for whom we have a particu- doesn’t have any takers yet. The national sonably think that his or her condition need- lar responsibility, and health mainte- HMO chain broke with the managed care ined emergency treatment. HMOs would have nance organizations. dustry on the issue because at least 12 states to cover medically necessary ER [emergency Mr. President, I ask unanimous con- have enacted varying ER coverage mandates, room] services without preauthorization. sent that several articles and a letter and compliance with a national standard Emergency MDs [physicians] would have to to which I referred be printed in the would be preferable. The jointly developed standards would re- notify the plan within 30 minutes after the RECORD. enrollee’s condition is stabilized to obtain There being no objection, the mate- quire managed care plans to cover non-emergency services provided in an emergency de- authorization for promptly needed services. rial was ordered to be printed in the HMO’s would have 30 minutes to respond. If partment if a prudent layperson would rea- RECORD, as follows: the HMO and the doctor couldn’t agree on a sonably think that his or her condition need- post-stabilization treatment, the plan would ST. JOHN EMERGENCY PHYSICIANS, P.C., ed emergency treatment. HMOs would have have to arrange alternative treatment. Clifton Township, MI, October 26, 1995. to cover medically necessary ER services Hon. SPENCER R. ABRAHAM, without preauthorization. Emergency MDs Mr. President, that is the essence of Dirksen Senate Office Building, Washington, would have to notify the plan within 30 min- the amendment we have offered. It is DC. utes after the enrollee’s condition is sta- an amendment which the Senate has DEAR SENATOR ABRAHAM: As you know, the bilized to obtain authorization for promptly already adopted. It is an amendment Medicare portion of Budget Reconciliation is needed services; HMOs would have 30 min- which is increasingly being adopted by currently being debated upon the Senate utes to respond. If the HMO and doctor States, not just for Medicare patients Floor. I write to you with an urgent request couldn’t agree on a post-stabilization treat- to support an amendment to be offered by but for all patients who are members of ment, the plan would have to arrange alter- Senator Bob Graham of Florida regarding ac- nate treatment. a health maintenance organization. cess to emergency medical services. Rep. Ben Cardin (D–Md) introduced legisla- And it is the position that is now being AN EXAMPLE OF MY OWN FROM MICHIGAN tion (HR 2011), with over 140 co-sponsors, advocated by one of the leading HMO’s I am the Vice Chief of Emergency Medicine that’s similar to what Kaiser and the emer- in the country and the College of at St. John Hospital & Medical Center in De- gency docs are advocating. Although it is Emergency Physicians. troit. On March 21st of this year a 46 year old not expected to pass this year, the issue ex- I recently had an experience, as I do female presented to our emergency depart- pected to reemerge in 1997. on a monthly basis, taking a different ment. The patient was traveling in a car job. In this case, it was working with with her husband when she experienced a [From the New York Times, July 9, 1995] the fire and rescue department of Palm sudden onset of shortness of breath and then H.M.O’S REFUSING EMERGENCY CLAIMS, HOS- collapsed. She was rushed to our emergency PITALS, ASSERT—TWO MISSIONS IN CONFLICT Beach County, FL, in an area of the department by ambulance. To make a sad county which has a large number of ‘MANAGED CARE’ GROUPS INSIST THEY MUST story short, despite the best efforts of my LIMIT COSTS—DOCTORS ARE FRUSTRATED Medicare beneficiaries in their popu- colleague and the personnel in our depart- (By Robert Pear) lation. I was at one of the fire and res- ment, the patient unfortunately did not re- cue stations which said they got as spond to any sort of emergency treatment. WASHINGTON, July 8.—As enrollment in She was pronounced dead. Cause of death health maintenance organizations soars, hos- many as 40 calls in a 24-hour period for pitals across the country report that emergencies. was cardiopulmonary arrest. (I’ve attached a copy of the notes from this event.) H.M.O.’s are increasingly denying claims for I asked them, ‘‘What would you do, The patient belonged to Blue Care Net- care provided in hospital emergency rooms. for instance, if you came to the home work, a health maintenance organization for Such denials create obstacles to emer- of an older person, a home of any per- Blue Cross and Blue Shield of Michigan. Blue gency care for H.M.O. patients and can leave son, who was suffering from chest Care Network has denied coverage for these them responsible for thousands of dollars in pains?’’ services because the services were not pre- medical bills. The denials also frustrate Their answer was: ‘‘Our instructions authorized. What is even more disturbing is emergency room doctors, who say the H.M.O. practices discourage patients from seeking are to provide stabilization and imme- that the patient’s husband has been left with a bill of over $1,200.00 during this time of per- urgently needed care. But for their part, diately deliver that individual to an sonal loss. H.M.O.’s say their costs would run out of emergency room. We are not to make Senator, this example speaks for itself. control if they allowed patients unlimited any independent attempts to assess Even with the best emergency medical trans- access to hospital emergency rooms. what the cause of those chest pains port and treatment available to us, she died. How H.M.O.’s handle medical emergencies may be. We rely on the reasonable There was no time to call the HMO ‘‘gate- is an issue of immense importance, given re- judgment of this lay person that those keeper’’ to get permission. There was no cent trends. Enrollment in H.M.O.’s doubled chest pains would be symptomatic of a time for anyone to do anything but to try in the last eight years, to 51 million, partly and save this poor young woman’s life. The because employers encouraged their use as a serious life-threatening condition. We denial associated with this case is simply un- way to help control costs. deliver that individual into the hands believable. In addition, Republicans and many Demo- of persons who are capable of making This is why Senator Bob Graham’s amend- crats in Congress say they want to increase the judgment as to whether, in fact, ment concerning the definition of an emer- the use of H.M.O.’s because they believe that that is the circumstance.’’ gency is necessary. I urge your support of his such prepaid health plans will slow the Mr. President, that is the essence of effort when he offers his amendment later growth of Medicare and Medicaid, the pro- this amendment. It is to use the stand- today or tomorrow. Thank you for your con- grams for the elderly and the poor, which sideration. serve 73 million people at a Federal cost of ard of a prudent lay person who felt Sincerely, $267 billion this year. that their condition was such that it JAMES M. FOX, M.D., Under Federal law, a hospital must provide required emergency medical evalua- Vice Chief, ‘‘an appropriate medical screening examination, and if that standard of a prudent Department of Emergency Medicine. tion’’ to any patient who requests care in its S10392 CONGRESSIONAL RECORD — SENATE September 12, 1996 emergency room. The hospital must also pro- Brookline, Mass., said, ‘‘Employers are put- But in such situations, H.M.O.’s often vide any treatment needed to stabilize the ting pressure on H.M.O’s to reduce inappro- refuse to pay the hospital, on the ground patient’s condition. priate use of emergency services because that the hospital had no contract with the Dr. Toni A. Mitchell, director of emer- such care is costly and episodic and does not H.M.O., the chest pain did not threaten the gency care at Tampa General Hospital in fit well with the coordinated care that patient’s life or the patient did not get au- Florida, said: ‘‘I am obligated to provide the H.M.O.’s try to provide.’’ thorization to use a hospital outside the care, but the H.M.O. is not obligated to pay Dr. Charlotte S. Yeh, chief of emergency H.M.O. network. for it. This is a new type of cost-shifting, a medicine at the New England Medical Cen- Representative Benjamin L. Cardin, Demo- way for H.M.O.’s to shift costs to patients, ter, a teaching hospital in Boston, said: crat of Maryland, said he would soon intro- physicians and hospitals.’’ H.M.O.’s are excellent at preventive care, duce a bill to help solve these problems. The Most H.M.O.’s promise to cover emergency regular routine care. But they have not been bill would require H.M.O.’s to pay for emer- medical services, but there is no standard able to cope with the very unpredictable, un- gency medical services and would establish a definition of the term. H.M.O.’s can define it scheduled nature of emergency care. They uniform definition of emergency based on narrowly and typically reserve the right to often insist that their members get approval the judgment of ‘‘a prudent lay person.’’ The deny payment if they conclude, in retro- before going to a hospital emergency depart- bill would prohibit H.M.O.’s from requiring spect, that the conditions treated were not ment. Getting prior authorization may delay prior authorization for emergency services. emergencies. Hospitals say H.M.O.’s often care. A health plan could be fined $10,000 for each refuse to pay for their members in such ‘‘In some ways, it’s less frustrating for us violation and $1 million for a pattern of re- cases, even if H.M.O. doctors sent the pa- to take care of homeless people than H.M.O. peated violations. tients to the hospital emergency rooms. Hos- members. At least, we can do what we think The American College of Emergency Phy- pitals then often seek payment from the pa- is right for them, as opposed to trying to sicians, which represents more than 15,000 tient. convince an H.M.O. over the phone of what’s doctors, has been urging Congress to adopt Dr. Stephan G. Lynn, director of emer- the right thing to do.’’ such changes and supports the legislation. gency medicine at St. Luke’s-Roosevelt Hos- Dr. Gary P. Young, chairman of the emer- When H.M.O.’s deny claims filed on behalf pital Center in Manhattan, said: ‘‘We are gency department at Highland Hospital in of Medicare beneficiaries, the patients have getting more and more refusals by H.M.O.’s Oakland, Calif., said H.M.O.’s often directed a right to appeal. The appeals are heard by a to pay for care in the emergency room. The emergency room doctors to release patients private consulting concern, the Network De- problem is increasing as managed care be- or transfer them to other hospitals before it sign Group of Pittsford, N.Y., which acts as comes a more important source of reim- was safe to do so. ‘‘This is happening every agent for the Government. The appeals total bursement. Managed care is relatively new day,’’ he said. 300 to 400 a month, and David A. Richardson, in New York City, but it’s growing rapidly.’’ The PruCare H.M.O. in the Dallas-Forth H.M.O.’s emphasize regular preventive president of the company, said that a sur- Worth area, run by the Prudential Insurance care, supervised by a doctor who coordinates prisingly large proportion—about half of all Company of America, promises ‘‘rock solid all the medical services that a patient may Medicare appeals—involved disagreements health coverage,’’ but the fine print of its need. The organizations try to reduce costs over emergencies or other urgent medical members’ handbook says, ‘‘Failure to con- by redirecting patients from hospitals to less problems. tact the primary care physician prior to expensive sites like clinics and doctors’ of- emergency treatment may result in a denial fices. [From the Miami Herald, July 30, 1995] The disputes over specific cases reflect a of payment.’’ HMOS IN THE ER: A VIEW FROM THE typically, in an H.M.O., a family doctor or larger clash of missions and cultures. An TRENCHES an internist managing a patient’s care serves H.M.O. is the ultimate form of ‘‘managed (By Paul R. Lindeman) care,’’ but emergencies are, by their very na- as ‘‘gatekeeper,’’ authorizing the use of specialists like cardiologists and orthopedic I arrived for my 12-hour shift in the Emer- ture, unexpected and therefore difficult to gency Department at 7 p.m. As the departing manage. Doctors in H.M.O.’s carefully weigh surgeons. The H.M.O.’s send large numbers of physician and I went over the cases of the the need for expensive tests or treatments, patients to selected doctors and hospitals; in current patients, I was told the woman in but in an emergency room, doctors tend to return, they receive discounts on fees. But Room 2 was being transferred to a psy- do whatever they can to meet the patient’s emergencies are not limited to times and chiatric facility. The patient was pregnant, immediate needs. places convenient to an H.M.O.’s list of doc- Each H.M.O. seems to have its own way of tors and hospitals. addicted to crack cocaine and had been as- handling emergencies. Large plans like Kai- H.M.O.’s say they charge lower premiums sessed as suicidal by a psychiatrist. ser Permanente provide a full range of emer- than traditional insurance companies be- An obstetrician was required to care for gency services around the clock at their own cause they are more efficient. But emer- the patient during her stay at the mental clinics and hospitals. Some H.M.O.’s have gency room doctors say that many H.M.O.’s health facility. The only two groups of prac- nurses to advise patients over the telephone. skimp on specialty care and rely on hospital ticing obstetricians who were on this wom- Some H.M.O. doctors take phone calls from emergency rooms to provide such services, an’s HMO ‘‘panel’’ and on staff at this facil- patients at night. Some leave messages on especially at night and on weekends. ity both refused to accept this high-risk phone answering machines, telling patients Dr. David S. Davis, who works in the emer- case. That left this unfortunate woman, and to go to hospital emergency rooms if they gency department at North Arundel Hospital our staff, caught in the ‘‘never-never land’’ cannot wait for the doctors’ offices to rein Glen Burnie, Md., said: ‘‘H.M.O.’s don’t of managed care. open. have to sign up enough doctors as long as When I left the Emergency Department at At the United Healthcare Corporation, they have the emergency room as a safety 7:30 the following morning, she was still in which runs 21 H.M.O.’s serving 3.9 million net. The emergency room is a backup for the Room 2. It took hospital administrators and people. ‘‘It’s up to the physician to decide H.M.O. in all it operations.’’ Under Maryland attorneys all day to arrange disposition, and how to provide 24-hour coverage,’’ said Dr. law, he noted, an H.M.O. must have a system the patient was eventually transferred—at Lee N. Newcomer, chief medical officer of to provide members with access to doctors at 6:30 that evening. the Minneapolis-based company. all hours, but it can meet this obligation by Managed-care health plans typically limit George C. Halvorson, chairman of the sending patients to hospital emergency choice of doctors and hospitals and attempt Group Health Association of America, a rooms. to closely monitor services provided. Their trade group for H.M.O.’s, said he was not To illustrate the problem, doctors offer goal is to curb unnecessary tests and hos- aware of any problems with emergency care. this example: A 57-year-old man wakes up in pitalizations to keep costs down. In the case ‘‘This is totally alien to me,’’ said Mr. the middle of the night with chest pains. A of for-profit managed-care companies, the Halvorson, who is also president of Health- hospital affiliated with his H.M.O. is 50 min- additional purpose is obvious. But what hap- Partners, an H.M.O. in Minneapolis. Donald utes away, so he goes instead to a hospital pens when managed care meets the emer- B. White, a spokesman for the association, just 10 blocks from his home. An emergency gency room? said, ‘‘We just don’t have data on emergency room doctor orders several common but ex- Federal law requires a screening exam at services and how they’re handled by different pensive tests to determine if a heart attack emergency facilities, but HMOs are not re- H.M.O.’s’’. has occurred. quired to pay. By exploiting this fact, man- About 3.4 million of the nation’s 37 million The essence of the emergency physician’s aged care is able to shift costs onto hos- Medicare beneficiaries are in H.M.O.’s. Dr. art is the ability to identify the cause of pitals, doctors and policyholders, thereby Rodney C. Armstead, director of managed such symptoms in a patient whom the doctor ‘‘saving’’ money. care at the Department of Health and has never seen. The cause could be a heart Consider the case of a 50-year-old male who Human Services, said the Government had attack. But it could also be indigestion, awakes at 4 a.m. with chest pain and goes to received many complaints about access to heartburn, stomach ulcers, anxiety, a panic the hospital 10 blocks away—instead of his emergency services in such plans. He re- attack, a pulled muscle or any of a number HMO hospital an extra 30 minutes away. cently sent letters to the 164 H.M.O.’s with of other conditions. After examination and testing, it’s deter- Medicare contracts, reminding them of their If the diagnostic examination and tests mined that the patient is not having a heart obligation to provide emergency care. had not been performed, the hospital and the attack and that it’s safe for him to go home. Alan G. Raymond, vice president of the emergency room doctors could have been His diagnosis is submitted on a claim form Harvard Community Health Plan, based in cited for violating Federal law. with a code for ‘‘gastritis.’’ September 12, 1996 CONGRESSIONAL RECORD — SENATE S10393 His insurance company denies payment, would have been admitted to our hospital Mr. HATCH. It has not been adopted stating that ‘‘gastritis’’ is not an emergency. uneventfully in a fraction of the time re- yet? As a result, the hospital and the company quired to complete her managed-care so- Mr. KERREY. Do you want to set it who employs the emergency department journ. aside and go to the Biden amendment? physician both bill the patient. No matter how well trained or talented the While this ‘‘retrospectoscope’’ is widely emergency physician, there are also times Mr. HATCH. I ask unanimous consent employed and an industry standard for deny- when she or he requires the urgent services that the pending amendment be set ing payment, there are many other ‘‘sav- of a consultant to provide definitive care for aside so we can return to the Biden ings’’ techniques. For instance, many HMOs a patient (for instance, vascular and ortho- amendment. require ‘‘pre-authorization’’ to treat a pa- pedic surgeons to repair a severely trauma- The PRESIDING OFFICER. Without tient in the ER. tized limb). In these cases, delays in care due objection, it is so ordered. Consider now a 60-year-old female who ar- to managed-care bureaucracy can become a AMENDMENT NO. 5315 TO AMENDMENT NO. 5295 rives at the emergency room complaining legitimate hazard to the patient. also of chest pain. The triage nurse examines Dr. Charlotte S. Yeh. chief of emergency (Purpose: To amend the Controlled Sub- the patient, obtaining a brief history and medicine at the New England Medical Cen- stances Act to provide a penalty for the vital signs. A call is placed to the insurance ter, has said. ‘‘In some ways, it’s less frus- use of a controlled substance with the in- company and a recorded message is obtained trating for us to take care of homeless peo- tent to commit a crime of violence, includ- without specific instruction regarding emer- ple than HMO members. At least we can do ing rape, and for other purposes) gencies. The patient is treated but the pay- what we think is right for them, as opposed Mr. HATCH. Mr. President, I send an ment is denied. Reason: Authorization was to trying to convince an HMO over the phone amendment to the desk and ask for its never obtained. of what’s the right thing to do.’’ immediate consideration. Here’s an alternate scenario, same patient, In my experience that is not an exaggera- again waiting for pre-authorization. (Non- The PRESIDING OFFICER. The tion. In the emergency department, the clerk will report. critical patients often wait for more than an homeless—while certainly deserving of medi- hour.) This time ‘‘the insurance company’’ cal care—often receive better and more The bill clerk read as follows: answers the phone. Reading from a list, a se- prompt care than the HMO policyholder. The Senator from Utah [Mr. HATCH], for ries of questions is asked, limited almost ex- Conventional political wisdom holds that himself and Mr. COVERDELL, proposes an clusively to obtaining recorded numbers. health-care reform is dead. In fact, nothing amendment numbered 5315 to amendment Based on these numbers, the individual could be further from the truth. Reform has No. 5295. speaking for the company determines that it been taking place at breakneck speed en- Mr. HATCH. Mr. President, I ask is safe for the patient to be transferred to its tirely independent of Washington. In the last unanimous consent that the reading of hospital. The emergency physician disagrees. five to 10 years, managed-care companies The patient stays and is admitted to the hos- the amendment be dispensed with. and the private sector have changed pro- The PRESIDING OFFICER. Without pital. foundly the manner in which many Ameri- The HMO denies payment for the ER visit cans now receive their health care. objection, it is so ordered. and the 24-hour hospitalization, stating that As for-profit managed care has usurped de- The amendment is as follows: the patient should have been transferred. cision-making authority from physicians, so Strike all after the 1st word and insert the Again, the patient/policyholder, who pays a have they also diverted funds from hospitals, following: monthly premium for his or her insurance, is physicians and policyholders to their own PROVISIONS RELATING TO USE OF A CON- billed for all hospital and physician services. TROLLED SUBSTANCE WITH INTENT The representative for the insurance com- CEOs and stockholders. Last year, HMO profits grew by more than 15 percent with the TO COMMIT A CRIME OF VIOLENCE. pany who decides on pre-authorization can (a) PENALTIES FOR DISTRIBUTION.—Section range from someone with no medical back- four largest HMOs each reporting more than $1 billion in profits. What Democrats and Re- 401(b) of the Controlled Substances Act is ground at all to another physician (albeit amended by adding at the end the following: with a vested economic incentive). Generally publicans alike fail to appreciate is that the allegiance of managed care is to neither the ‘‘(7)(A) Whoever, with intent to commit a the level of expertise is somewhere between crime of violence as defined in section 16, this. Thus, the near-Orwellian scenario fre- patient nor the reduction of the federal deficit, but to its CEOs and stockholders. United States Code (including rape) against quently plays out whereby a doctor who has an individual, violates subsection (a) by dis- seen and examined a patient is trying to con- Mr. GRAHAM. I urge the adoption of this amendment. tributing a controlled substance to that indi- vince a nurse, over the telephone, that a pa- vidual without that individual’s knowledge, tient is sick. The PRESIDING OFFICER. Is there shall be imprisoned not more than 20 years Rudy Braccili Jr., business operations di- further debate? and fined as provided under title 18, United rector for the North Broward Hospital Dis- Mr. KERREY. Does the Senator wish States Code. trict, was quoted in The Herald as saying. to request the yeas and nays? ‘‘(B) As used in this paragraph, the term ‘‘It’s just a game they play to avoid paying, Mr. GRAHAM. Mr. President, I re- ‘without that individual’s knowledge’ means and it’s one of the ways they save money. that the individual is unaware that a sub- They do not see the realities of people who in quest the yeas and nays, unless the stance with the ability to alter that individ- the middle of the night come into emergency managers of the bill are prepared to ac- ual’s ability to appraise conduct or to de- rooms.’’ He estimates that North District cept this amendment. If they are so cline participation in or communicate un- hospitals have lost millions of dollars a year prepared, I will waive the yeas and willingness to participate in conduct is ad- because of HMOs’ reluctance to pay bills. nays. If not, I will ask for them. ministered to the individual.’’. Part of the problem is that what managed- Mr. SHELBY. If the Senator from care organizations are trying to do is often (b) ADDITIONAL PENALTIES RELATING TO Florida will yield, we have a Member FLUNITRAZEPAM. quite difficult: determine prospectively who is on his way who wants to look at which patients are truly deserving of emer- (1) GENERAL PENALTIES.—Section 401 of the gency-room care. Indeed, this may in fact be this amendment, perhaps talk on it. Controlled Substances Act (21 U.S.C. 841) is a Catch-22. I know of no way to accurately Whether we can accept it might be pre- amended— discern acute appendicitis from a ‘‘tummy mature right now. If the Senator will (A) in subsection (b)(1)(C), by inserting ‘‘or ache’’ without a history and physical exam- just withhold that request. 1 gram of flunitrazepam’’ after ‘‘I or II’’; and ination. Furthermore, medicine does not al- Mr. GRAHAM. Mr. President, I would (B) in subsection (b)(1)(D), by inserting ‘‘or 30 milligrams of flunitrazepam,’’ after ways lend itself to black and white. For in- like to ask for the yeas and nays, and stance, is a woman who screams and gyrates ‘‘schedule III,’’. if this amendment is capable of being (2) IMPORT AND EXPORT PENALTIES.— hysterically as a result of a squirming cock- accepted, I will ask that request be vi- roach in her car an emergency?! (A) Section 1009(a) of the Controlled Sub- Unfortunately, problems with HMOs in the tiated and will accept a voice vote. stances Import and Export Act (21 U.S.C. ER go beyond cost shifting and denial of pay- I ask for the yeas and nays. 959(a)) is amended by inserting ‘‘or ment. They often turn an otherwise brief en- The PRESIDING OFFICER. Is there a flunitrazepam’’ after ‘‘I or II’’. counter into a harrowing ordeal. Another ex- sufficient second? (B) Section 1010(b)(3) of the Controlled ample from ‘‘the trenches’’ is illustrative. There is a sufficient second Substances Import and Export Act (21 U.S.C. Our patient this time is an 85-year-old The yeas and nays were ordered. 960(b)) is amended by inserting ‘‘or woman with a hip fracture. But instead of Mr. HATCH addressed the Chair. flunitrazepam’’ after ‘‘I or II,’’. being admitted, her HMO mandates that she The PRESIDING OFFICER. The Sen- (C) Section 1010(b)(4) of the Controlled Sub- be transferred across town to the emergency ator from Utah. stances Import and Export Act is amended by inserting ‘‘(except a violation involving department at another facility where they Mr. HATCH. Mr. President, what is contract their surgical hip repairs. The pa- flunitrazepam)’’ after ‘‘III, IV, or V,’’. tient waits three hours for the HMO ambu- the pending business? (3) SENTENCING GUIDELINES.—The United lance service, which is ‘‘backed up.’’ The PRESIDING OFFICER. The States Sentencing Commission shall amend Consumers note: Had the patient not sold pending business is the amendment of the Sentencing Guidelines so that one dosage her Medicare privileges to this HMO, she the Senator from Florida. unit of flunitrazepam shall be equivalent to S10394 CONGRESSIONAL RECORD — SENATE September 12, 1996 one gram of marihuana for determining the increase the penalties for illegal traf- that we offer today is to impose all the offense level under the Drug Quantity Table. ficking in Rohypnol. penalties that apply to schedule I drugs (d) INCREASED PENALTIES FOR UNLAWFUL The amendment that I have just filed to Rohypnol without rescheduling the SIMPLE POSSESSION OF FLUNITRAZEPAM.—Sec- accomplishes that purpose, without de- drug. tion 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by inserting priving 64 countries of a drug that they Specifically, our amendment would after the sentence ending with ‘‘exceeds 1 find to be safe and efficacious, a drug create an express violation under the gram.’’ the following new sentence: ‘‘Not- which we have every reason to believe Controlled Substances Act for unlawful withstanding any penalty provided in this would have been found to be safe and distribution, with intent to commit a subsection, any person convicted under this efficacious in this country if the com- crime of violence, including rape, of a subsection for the possession of pany were willing to go through our ar- controlled substance to a person with- flunitrazepam shall be imprisoned for not duous and lengthy Food and Drug Ad- out that person’s knowledge. The pen- more than 3 years and shall be fined as oth- ministration approval procedures. alty will be up to 20 years without pro- erwise provided in this section.’’ The drug comes into our country is bation, and fines will be imposed of up Mr. HATCH. Mr. President, this is an clandestinely, generally through Mex- to $2 million for an individual. The def- amendment to the Biden amendment, ico, and certainly not legally. And the inition of ‘‘crime of violence’’ is pro- both of which address a horrible prob- company that produces Rohypnol has vided in section 16 of title 18 of the lem of considerable concern to this nothing to do with that. United States Code. body and, indeed, to everyone in this Mr. President, none of us are sure We believe our amendment advocates country who has become aware of it. how many times these drug-induced the appropriate way to solve this prob- Several months ago, law enforcement rapes have occurred. lem. It does not interfere with the safe officers began to find an unusual phe- As far as I am concerned, one occur- and efficacious use of a drug which is nomenon: that unscrupulous men were rence is one too many. I find that situ- approved in 64 countries, but not our abusing a prescription drug to take ad- ation deplorable; it is a heinous crime own. vantage of women, particularly young for someone to use any sedative for the I think my colleagues should agree it women, by sedating them and raping purpose of date-raping a partner. is not the manufacturer’s fault that them. Our amendment is a strike back at people are abusing this drug, bringing That drug, Rohypnol—or, as it is those who would use controlled sub- it across the border so it can be abused called on the street, ‘‘roofies’’—is a stances to engage in the most rep- in this country in the way that Senator sedative marketed in literally dozens rehensible of crimes—that is, rape. BIDEN has so ably explained. I deplore of countries. That is why we need the toughened the situation as much as he; I just do Rohypnol is not sold legally in the penalties for the illegal use of not agree with his proposed solution to United States, nor can it be, because Rohypnol, which is what Senator the problem. the manufacturer made the business COVERDELL and I are advocating with The Hatch-Coverdell amendment also decision that the already-crowded mar- this amendment. provides enhanced penalties for manu- ket for sedatives did not warrant the The approach advocated in the Biden facturing, distributing, dispensing, or considerable time and expense of sub- amendment, to reschedule the drug to possessing with the intent to manufac- jecting the product to the lengthy schedule I, is seriously flawed. ture, dispense, or distribute large quan- Food and Drug Administration ap- My major concern is that schedule I tities of the drug flunitrazepam, mar- proval process. is the most restrictive category, which keted as Rohypnol. One gram or more Rohypnol is one of the widely used is reserved for the drugs which have a of the drug will carry a penalty of not class of prescription medications high potential for abuse, drugs which more than 20 years in prison and 30 known as benzodiazepine. These Val- have no currently accepted medical use milligrams a penalty of not more than ium-like drugs are commonly used to in treatment, and drugs for which 5 years in prison. In addition, the treat anxiety, sleep disorders, seizure there is a lack of accepted safety for amendment extends the so-called long- disorders, and muscle spasms. use under medical supervision. That is arm provisions of 21 U.S.C. 959(a) to the Rohypnol is currently approved for what a schedule I drug is. unlawful manufacture and distribution human use in 64 countries. These standards clearly do not apply of flunitrazepam outside the United Many of my colleagues have seen re- to Rohypnol, a member of the States with the intent to import it un- ports about the use of Rohypnol in date benzodiazepine class which generally lawfully into this country. It also di- rape, during which men have appar- falls within the less restrictive sched- rects the U.S. Sentencing Commission ently placed Rohypnol in their date’s ule IV. to amend the sentencing guidelines so drink and then, after the drug has If the United States were to single flunitrazepam will be subject to the taken effect, proceeded with a sexual out this drug and place it in schedule I, same base offense level as schedule I or assault. it would send a strong, and inappropri- II depressants. In response to the growing abuse of ate, signal to other countries that we Finally, at the request of law en- Rohypnol, the Drug Enforcement Ad- find there is no medical use for forcement officials, we have added a ministration instituted the formal re- Rohypnol. Such a signal would be false. new penalty for unlawful simple pos- scheduling process for this drug by sub- To reschedule Rohypnol this way session of Rohypnol. Law enforcement mitting a request on April 11, 1996, to simply is not right. It could unfairly officers have indicated to me their con- the Food and Drug Administration to result in the drug being rescheduled in cern that they need additional tools to conduct an evaluation of the scientific some of the 64 other countries where it apprehend would-be rapists before the and medical issues with regard to is not being abused as it is in the Unit- crime is committed. Accordingly, the Rohypnol. That evaluation, an appro- ed States, where it is being used safely final provision provides increased pen- priate examination of the law enforce- and efficaciously as a legitimate seda- alties for simple possession of ment and the health aspects of tive. flunitrazepam of not more than 3 Rohypnol use, is continuing and ongo- Rohypnol is no different from any years. ing. other drug in its class, and many Mr. President, it has become obvious In a letter from Health and Human health care professions are fearful that that we have a serious problem in this Services Secretary Donna E. Shalala to if this benzodiazepine were removed country with abuse of drugs by teen- me on July 24, 1996, Secretary Shalala from clinical use, ultimately the oth- agers. While the overwhelming abuse of said that the goal of the rescheduling ers will be removed also, if and when drugs by teenagers focuses on illicit process was to make Rohypnol subject they are implicated in similar crimes. drugs, the illegal diversion and misuse to increased penalties for illicit use These pharmaceuticals are some of of medicines is also a growing problem and trafficking. the most beneficial drugs in some of in our country. Since this particular drug has be- the most difficult areas of medical And I have to say that many manu- come an agent of abuse and the focus of treatment, such as mental health. facturers are concerned that if the considerable debate, I agree with Sec- Mr. President, the more appro- United States takes the approach advo- retary Shalala that it is appropriate to priate—and expeditious—alternative cated by the Senator from Delaware, September 12, 1996 CONGRESSIONAL RECORD — SENATE S10395 then we could end up harming many longstanding efforts to engage the drug eral offense. I share the concern of my people who need benzodiazepines war. colleague from Wisconsin about the throughout the world. In other words, I point out to my colleagues in the growing problem we have about guns in what my colleague is contemplating Senate that just last week we discov- schools, but I simply believe we cannot could end up affecting all drugs in this ered the first death from Rohypnol, a afford to start federalizing every of- class of sedatives, drugs which are of young teenager who apparently was fense that States have traditionally value. And this would work to the det- given Rohypnol in a drink of soda, who been called upon to handle. riment of patients all over this coun- has now lost her life as a result of this This is not only traditionally a State try, and indeed, all over the world. awful drug, and some predator yet to matter with regard to the law enforce- I believe that the Federal Govern- be discovered. ment matter, it is also involving an- ment must show it will not tolerate The Hatch amendment embraces the other traditional State matter in the use of this drug—or any drug—to legislation that I introduced shortly terms of education. So you have law facilitate rape. It is necessary and pru- after our hearing where we heard from enforcement with regard to an edu- dent that the Congress act, and ap- two young American females who were cational institution, two matters tradi- proval of our amendment would be a stricken and the victims of predators tionally handled by the State which we good start. with this drug called Rohypnol. It is are now seeking to federalize. Mr. President, in closing, I must important to note that Rohypnol can- One of the findings in the amendment point out that 64 other countries have not be detected: You cannot smell it; is that States and localities in school found this drug to be safe and effica- you cannot see it; and you cannot taste systems find it almost impossible to cious. The manufacturer has chosen it. handle gun-related crimes by them- not to market it in this country be- The effect of our amendment is to selves. Even States, localities, and cause of the cost of the lengthy ap- say that anybody who uses Rohypnol school systems that have made strong proval process at the FDA and the or any other drug as a weapon, be- efforts to prevent and punish gun-relat- number of other similar products on comes a predator against someone, who ed crimes find their efforts unavailing, the market. creates a victim, will be subject to in- due in part to the failure or inability of I cannot fault the manufacturer for creased penalties of up to 20 years. So other States or localities to take that decision, because the drug ap- this legislation, just as the Senator strong measures. proval process is too lengthy, in my es- from Utah said, puts would-be abusers Mr. President, I do not believe that is timation. Studies have shown approval of this drug and would-be predators of a valid finding that this Congress times can extend from 10 to 15 years, at this drug on notice. And, hopefully, as ought to make. My understanding is a cost of half a billion dollars. Ap- in the case of several other drugs in that 48 States, I believe, have passed proval of this drug probably would not our history, we will be able to corral legislation dealing in this very area. have taken that long, but who knows? them through, in a sense, the warning States should be left to address this Of course, we will never know, because system that this legislation creates. It particular problem in ways that they the manufacturer made the conscious creates a new Federal crime if you use see fit. They may be more effective on choice not to introduce Rohypnol in a drug as a predator, as a weapon, a State and local level in determining the American market. against a victim. how to address this problem than we in The fact remains that use of these So I rise in support of this amend- Washington, DC, for example. There controlled substances in violent ment and urge our colleagues to pass might be some States that have had in- crimes, such as rape, ought to result in it. I think that the quicker we make it ducements to inform on violators. a sure-fire penalty, a penalty which clear how tough we are going to be on Some States have gone in the direction sends the signal to would-be perpetra- Rohypnol or the date rape drug—and it of voluntary surrender of guns, with tors that the United States will not is a bipartisan effort; Senator BIDEN, amnesty provided. Some States penal- tolerate such crimes. That is what our from Delaware, has been working on ize parents for failure to supervise chil- amendment does. this for some time—the more likely we dren, as my State in Tennessee has If we want to do something about the are to make it clear that it is a danger. done. misuse of this drug and other drugs of The packaging and other features of I do not believe that we should be a similar nature, the benzodiazepines, this drug have made some teenagers al- taking an area which has traditionally then it seems to me this is the way to most view it as a safe drug. This stuff been under the auspice of State and do it—impose tough penalties, let peo- is a clear knockout. Ten minutes and local government, and tax people at ple know there are tough penalties, see you do not know what hit you. Worse that level, and then bring the money to a few people go to jail for years. Per- yet, you cannot remember anywhere Washington to put in the hands of Fed- haps then we will find such drugs will from 24 to 72 hours what happened. All eral officials to enforce these laws. not be abused anymore in this country. you have to do is go to one hearing and Schools do have problems with guns. That is the signal we should be send- hear one victim tell you what tran- Part of it has to do with the breakdown ing. spired with this awful drug in the in discipline. Part of it has to do with So, I hope my colleagues will support hands of a predator, and you not only regulations that have been placed on this amendment, because it is an im- will be supporting this amendment, but schools and lawsuits that schools have portant amendment. you probably will be trying to think of been subjected to, making it more dif- I thank my colleague from Delaware how we can improve it and make it ficult for schools to effectively handle for raising this issue. He has been one more effective than even this. all kinds of disciplinary problems, in- of the principal legislators raising the So, Mr. President, I do rise in support cluding guns in schools. They have not issue about date rape. I give him a lot of the amendment, and I yield the been suffering from a lack of FBI of credit for that. floor. agents going around schools investigat- I give him credit for this amendment, Mr. THOMPSON addressed the Chair. ing these matters. They are serious as well, as I do my dear colleague from The PRESIDING OFFICER. The Sen- enough offenses of a traditional Fed- Georgia, Senator COVERDELL, who has ator from Tennessee. eral nature for FBI agents to be inves- worked very closely with me in formu- AMENDMENT NO. 5244 tigating. We do not need this. lating this amendment and bringing it Mr. THOMPSON. Mr. President, I This bill is very similar to a bill that to the floor today. now ask that the Senate return to the Congress passed by voice vote in 1990, Mr. COVERDELL addressed the Kohl amendment No. 5244. the gun-free school zone law, which Chair. The PRESIDING OFFICER. Is there made it a Federal offense for any per- The PRESIDING OFFICER. The Sen- objection? Without objection, it is so son to possess a gun in a school. The ator from Georgia. ordered. Supreme Court ruled it unconstitu- Mr. COVERDELL. Mr. President, I Mr. THOMPSON. Mr. President, I tional and said it was beyond the power rise in support of the Hatch-Coverdell rise to oppose this amendment. This of Congress to regulate in regulating amendment. It has been an honor to amendment basically makes the pos- interstate commerce and held that gun work with Senator HATCH, with his session of a firearm in a school a Fed- possession is not an economic activity S10396 CONGRESSIONAL RECORD — SENATE September 12, 1996 that substantially affected interstate the responsibility of State and local The legislative clerk read as follows: commerce. government, and federalize it. The Senator from South Dakota [Mr. At a time when the Supreme Court is I move to table the amendment, and DASCHLE] proposes an amendment numbered telling us that you cannot just have I ask for the yeas and nays. 5234. some theoretical basis, some very at- The PRESIDING OFFICER. Is there a AMENDMENT NO. 5316 TO AMENDMENT NO. 5234 tenuated basis for interstate com- sufficient second? (Purpose: To provide for workforce flexibil- merce, we once again are making an There is a sufficient second. ity for employees of certain Federal con- attempt at the Federal level. Of course, The yeas and nays were ordered. tractors) it is a very popular issue, but is an at- The PRESIDING OFFICER. The Mr. ASHCROFT. Mr. President, I tempt at the Federal level to federalize question is on the motion to table the send a second-degree amendment to the another State and local matter. Kohl amendment. desk. I think Justice Kennedy’s concurring The yeas and nays have been ordered. The PRESIDING OFFICER. The opinion in that case is just as instruc- The clerk will call the roll. clerk will report the second-degree tive today as it was back then. He said Mr. NICKLES. I announce that the amendment. were the Federal Government to take Senator from Oregon [Mr. HATFIELD] is The legislative clerk read as follows: over the regulation of entire areas of necessarily absent. The Senator from Missouri [Mr. ASHCROFT] traditional State concern, areas having I further announce that, if present proposes an amendment numbered 5316 to nothing to do with the regulation of and voting, the Senator from Oregon amendment No. 5234. commercial activities, the boundaries [Mr. HATFIELD] would vote ‘‘nay.’’ Mr. ASHCROFT. Mr. President, I ask between the spheres of Federal and The result was announced—yeas 27, unanimous consent that reading of the State authority would blur and politi- nays 72, as follows: amendment be dispensed with. cal responsibility would become illu- [Rollcall Vote No. 290 Leg.] The PRESIDING OFFICER. Without sionary. I think he is absolutely right. YEAS—27 objection, it is so ordered. I think that States and local govern- Baucus Grassley Leahy The amendment is as follows: ments need to know it is their respon- Bennett Gregg McCain At the end of the matter proposed to be in- Bond Hatch Murkowski sibility. People in these communities Breaux Heflin Nickles serted, add the following: need to know it is their responsibility Campbell Hollings Santorum SEC. . WORKPLACE FLEXIBILITY FOR EM- and they cannot pass off any problem Cochran Inhofe Smith PLOYEES OF FEDERAL CONTRACTORS.—Sub- that comes down the pike to the Fed- Faircloth Jeffords Stevens chapter II of chapter 61 of title 5, United Feingold Johnston Thomas States Code, shall apply to contractors and eral Government. Grams Kyl Thompson employees specified in section 3(a)(1) and to This amendment would do nothing in NAYS—72 contractors with an entity of the executive terms of additional funding to rectify Abraham Exon Mack branch of the Federal Government, and em- the problem. It would do nothing in Akaka Feinstein McConnell ployees of such contractors, in the same terms of metal detectors or any other Ashcroft Ford Mikulski manner, and to the same extent, as such sub- supervisory personnel or anything to Biden Frahm Moseley-Braun chapter applies to agencies and employees, assist any teachers, or anything of that Bingaman Frist Moynihan respectively, as defined in section 6121 of Boxer Glenn Murray title 5, United States Code. nature. It would simply allow Federal Bradley Gorton Nunn agents to come into these schools and Brown Graham Pell Mr. ASHCROFT. Mr. President, I make a Federal crime out of this tradi- Bryan Gramm Pressler thank you for this opportunity. The Bumpers Harkin Pryor Daschle amendment No. 5234 seeks to tional State area and further load up Burns Helms Reid our Federal dockets, which are now Byrd Hutchison Robb address a disparity between the insur- trying to stay afloat as it is. Chafee Inouye Rockefeller ance coverage that would inure to the Mr. President, as I say, I am very Coats Kassebaum Roth benefit of Federal workers as compared Cohen Kempthorne Sarbanes sympathetic with the problem. It is Conrad Kennedy Shelby to the workers in companies that do something that we are all dealing with Coverdell Kerrey Simon contract business with the Federal in one way or another. As chairman of Craig Kerry Simpson Government. There are far many more the Youth Violence Subcommittee, we D’Amato Kohl Snowe disparities than the disparities that Daschle Lautenberg Specter certainly spent a lot of time in dealing DeWine Levin Thurmond just relate to health insurance. As a with the problem that we have among Dodd Lieberman Warner matter of fact, conditions of employ- our young people today. Part of that Domenici Lott Wellstone ment are substantially different for in- has to do with schools. Part of that has Dorgan Lugar Wyden dividuals in the Federal Government to do with guns. But keep the respon- NOT VOTING—1 from individuals in the private sector sibility where it is. Do not get so Hatfield who do business with the Federal Gov- caught up in trying to make a point, as The motion to table the amendment ernment. popular as it might be, temporarily, (No. 5244) was rejected. One of the most substantial areas in that we one by one by one federalize Mr. KOHL. Mr. President, I ask that which there are significant differences shoplifting or federalize illegal parking the yeas and nays be vitiated. between those who work for the Fed- or whatever happens to be the rage at The PRESIDING OFFICER. Without eral Government and those who are in the moment, and we wind up with one objection, it is so ordered. the private sector who contract with or system at the Federal level, Federal The question is on agreeing to the provide services to the Federal Govern- agents handling everything, and as amendment. ment is in the area of the opportunity soon as we perceive a new problem, ev- The amendment (No. 5244) was agreed for employees and employers to cooper- erybody in the State and local level to. ate for work schedules which are help- thinks of the Federal Government Mr. KOHL. Mr. President, I move to ful to families or for employees to opt first. reconsider the vote. to take compensatory time instead of That is not the way we have tradi- Mr. LEVIN. I move to lay that mo- to take time and a half in terms of tionally handled these matters in this tion on the table. overtime pay. country. That is not the way we need The motion to lay on the table was One of the serious tensions that ex- to proceed in order to make sure we agreed to. ists in the workplace today is the ten- keep that separation between State AMENDMENT NO. 5234 sion between the demands of the home and local and Federal Government. So Mr. ASHCROFT addressed the Chair. environment and the demands of the at a time when so many of us are try- The PRESIDING OFFICER. The Sen- work environment. The Federal Gov- ing to move more and more respon- ator from Missouri. ernment addressed this a long time sibility back to the States and closer Mr. ASHCROFT. Mr. President, I ask ago. We began in the late forties by to the people who know how to handle for the regular order with respect to having compensatory time available to it more effectively, I think it would be the Daschle amendment numbered 5234. Federal workers, and then in the 1980’s, indeed ironic for us to be taking this The PRESIDING OFFICER. The or in the late 1970’s and into the 1980’s, matter, which for 200 years has been clerk will report. we began experimenting with allowing September 12, 1996 CONGRESSIONAL RECORD — SENATE S10397 cooperation between Federal workers but his employees who work right kind of tension you feel between work and their employers to provide for alongside them in the same work envi- and home. We will help you accommo- flexible time arrangements for work, ronment are subjected to a different date those tensions as well as you can. so that in the Federal Government, at set of work rules, a different set of ben- And that will result in greater produc- the option of the worker, you can work efits. tivity, in more being done because the a little more than 40 hours in 1 week in It simply does not make sense to workers have higher morale and better order to take some time off the next have this duplicity in the workplace, capacity under this kind of situation. week, or vice versa. especially when we have had the tran- It is with that in mind I offer this sec- The idea is that if your daughter, for sition in the way people accommodate ond-degree amendment to the Daschle example, is getting an award at the work and home life. If you will look, 35 amendment. high school sometime on a Friday years ago when the labor relations laws Mr. President, I ask for the yeas and afternoon, you can say to your em- of this country were created, only 18.6 nays. ployer, ‘‘If I can make up the time on percent of married women with a The PRESIDING OFFICER. Is there a Monday, will that be allowable?’’ And spouse present and children under 6 sufficient second? with that 80-hour work frame instead years of age were in the labor force. By There is a sufficient second. of the 40-hour work frame, that is 1990, nearly 60 percent of such women The yeas and nays were ordered. something that can be done. It is were in the labor force. Mr. SIMON. Will my colleague yield? achievable. A 1985 survey of the Federal employ- If my colleague will yield, I just got The Daschle amendment really seeks ees participating with Federal work the amendment. I have been trying to to provide an equity between those who schedules found 72 percent said they get the amendment. Does this apply to work in the Federal Government and had more flexibility to spend time with Federal workers only or does this apply those who do Federal-type responsibil- their families; 74 percent said the to the entire work force? ities but are working in the private schedules improved their morale. It Mr. ASHCROFT. As I think my col- area. It does so in the area of health seems to me that if these are benefits league from Illinois knows, I would care. My second-degree amendment is to being involved in the workplace and like to apply this to the work force to take that philosophy and extend it the thrust of the amendment is to ex- generally, but this applies to compa- to other benefits, benefits that help tend the benefits similar to those that nies doing business with the U.S. Gov- both the worker and the employer in a would have been earned in the Federal ernment, in a sense as a part of being special way. workplace to those who are contract- consistent with the underlying amend- The GAO, for example, has studied ing with the Federal Government, we ment which sought to extend benefits, the situation at the Federal level and ought to extend these flexible work in the Daschle amendment, to those found that the flex time opportunities time benefits, these compensatory who are doing business with the Fed- and the compensatory time opportuni- time benefits, the potential of com- eral Government and had a relation- ties that are available to workers pressed workweek benefits that have ship that provided a basis for a com- under the Federal system have resulted been a part of the Federal Government parison of health care benefits. in substantial work satisfaction among for years now. Mr. SIMON. I do not know whether I Federal workers in this respect. The It is not that these are just some- am for or against his amendment now. satisfaction was attendant by higher thing new to the Federal Government. If we can avoid voting for a little productivity, and the satisfaction re- In the late 1970’s an experiment was while, while we consult with some peo- sulted in a greater return on the re- begun and that experiment, or pilot ple on this, I would appreciate it. source that was devoted; on the tax project, was renewed over and over Mr. ASHCROFT. I asked for the yeas dollars that were being spent, we re- again until the mid-1980’s, when it was and nays, but I have no objection to ceived more for our money. decided that the program was simply the vote not being taken immediately. If that works for Federal workers in so successful that it should be extended I have no objection to a pause between the setting of their Federal employ- to Federal employees generally. So the yeas and nays being ordered and ment, I think it should work for the that in the mid-1980’s, the Federal Gov- the vote being taken. private workers who are working side ernment employees were accorded, on a Mr. SIMON. Mr. President, in line by side frequently with the Federal em- broad scale, this benefit. Some in the with what the distinguished Senator ployees on jobs, doing contracts fre- executive branch were not accorded the from Missouri just said, I ask unani- quently in the same work setting and benefit. And just 2 or 3 years ago, mous consent this temporarily be set the same work environment. Yet, we President Clinton, in an Executive aside. have a different set of work rules. And order, extended these benefits to other The PRESIDING OFFICER. Is there if the thrust and effect of the Daschle Federal employees, recognizing their objection? The amendment to the amendment would be to extend benefits value to the employees in terms of the amendment will be temporarily set that are consistent with the Federal ability of employees to work effec- aside. job site to those who are working in tively on their jobs and accommodate Mr. GLENN. Mr. President, I support conjunction with the Federal job site the needs of their families and rec- the Regulatory Accounting amendment vis-a-vis health, it seems to me it is ognizing the value of these rules to the offered by Senator STEVENS. Senator more than reasonable to say those Government. LEVIN and I have worked with our Gov- things that would enhance the produc- It occurs to me the extension of these ernmental Affairs Committee chair- tivity, those things that would in- rules to those who contract with the man, Senator STEVENS, to refine the crease the capacity of the contractor Government, both the executive and language since it was initially added to to work effectively to fulfill his or her legislative branches, is the better part the Treasury, Postal appropriations contract with the Federal Government of wisdom. We have seen these rules bill. While I have reservations about is important, as well. work very effectively for the achieve- legislating on appropriations, the re- In my office recently I received a let- ment of governmental objectives. And sult of our collaborative effort is a bi- ter from a contractor who works with when we are talking about individuals partisan amendment that should be the Federal Government, and he com- who are licensed or contracting with supported. It will provide one signifi- plains that his employees work side by the Federal Government, it seems to cant step towards regulatory reform, a side with Federal Government employ- me, in the achievement of those objec- goal to which I continue to be commit- ees and there is an ability on the part tives for the Federal Government, ted. of the Federal employees to accumu- these work rules ought to apply. It is Government regulation has proven late comp time and to use comp time in that respect that I have submitted an important element in our Nation’s instead of overtime because they want this amendment and I believe it ought effort to protect public health and safe- to spend time with their families rath- to be acted upon favorably by the Sen- ty, restore our natural environment, er than increase their earnings, for ex- ate. and provide for the welfare of the ample, and that there are flex time op- Favorable action here says to the American people. I believe, however, portunities for the Federal employees, work force of America: We respect the that our Government often relies too S10398 CONGRESSIONAL RECORD — SENATE September 12, 1996 heavily on regulation, for example, reforming existing regulatory pro- benefit test (total benefits less total without considering costs that can sig- grams along with a description of sig- costs). But since most of those regula- nificantly burden businesses, State and nificant public comments made on its tions giving net costs were in the $0–10 local governments, or individuals. report before submission to Congress. billion dollar range, while most of Our task in regulatory reform is to The recommendations for reform those giving net benefits were in the address the excesses and weaknesses of should include programs that should be $10–100 billion range, in the aggregate our regulatory system without under- eliminated or altered because, for ex- the regulations give a large net benefit. mining the protections it has provided. ample, they are too burdensome or are This finding suggests that any aggre- As I said many times during the regu- obsolete, as well as programs that gate number may not be as useful in latory reform debate of this Congress, should be strengthened to more effec- understanding the quality of our Fed- true regulatory reform must strike a tively implement public policy. eral regulatory programs as analysis of balance between the public’s concern While the study of regulatory costs each individual program. For example, over too much government and the and benefits is far from an exact Mr. Hahn found that safety regulations public’s strong support for regulations science, and definitely does not provide pass cost-benefit analyses more often to protect the environment, public the detail or accuracy of financial ac- than health regulations and that the health and safety. counting, it is an area of study in Clean Air Act regulations give signifi- A necessary element of true regu- which we do need to develop more cantly larger benefits than any other latory reform is the development of ob- widely accepted measures and meth- program. jective information on which to base odologies. The OMB report should high- This amendment would ask the Office and question regulatory decisions. The light areas in which analysis is clear of Management and Budget to come up amendment before us today should as- and productive and those areas in with its best estimate of not only the sist in this regard. which more work is needed to refine costs of our Federal regulatory pro- The proposal for an estimate of the analytic techniques. It should also sug- grams, but also the benefits of such costs and benefits of all Federal regula- gest approaches for analyzing non- programs. It would put to use the best tion was first made this Congress in quantitative impacts and for integrat- information the Federal agencies have our bipartisan Governmental Affairs ing them with economic analyses. In about the impact of the various Fed- Committee regulatory reform bill (S. these ways, the OMB report should pro- eral regulatory programs. 291). It was also in subsequent bills. A vide an important service by informing The amendment does not, and this is modified version was most recently agencies, Congress, and the public why I am able to support it, does not added to the Treasury, Postal appro- about evaluating the costs and benefits require OMB to conduct new studies or priations bill (H.R. 3756) during the analyses or develop new data or infor- Senate Appropriations Committee of Federal regulation. REGULATORY ACCOUNTING mation. That would be a time-consum- markup. Senator STEVENS’ floor ing, and expensive use of taxpayer amendment—amendment No. 5226—re- Mr. LEVIN. Mr. President, the man- money. Better that the OMB staff use fines that language, revising section agers of the bill have accepted an its time and money to help make new 645 of H.R. 3756. The revised language amendment by Senator STEVENS which regulations follow the dictates of com- reflects a collaborative effort by Sen- would require the Office of Manage- mon sense and be cost-effective regula- ator STEVENS, Senator LEVIN, and me ment and Budget to submit, no later to craft a practical requirement for a than September 30, 1997, a report to tions. No, this amendment simply directs useful report on Federal regulation. Congress that provides estimates of the Under the amendment, OMB will total costs of Federal regulatory pro- OMB to put together the already avail- compile in a one-time report existing grams currently in place. I have agreed able information that it has on exist- analyses and estimates of regulatory to support this amendment because of ing Federal regulatory programs and costs and benefits, both in terms of es- a number of changes Senator STEVENS use that to estimate the total annual timates of the total annual costs and was willing to make to the amend- costs and benefits of each. If informa- benefits of all Federal regulation and ment. tion is unavailable, or such estimates in terms of specific major rules—these As many of us know, there are sev- are not possible, then the OMB should would be the significant rules that eral figures that are routinely used to tell us in the report what is not avail- have gone through OMB regulatory re- decry the cost of regulation. Some ref- able and why and describe the extent view with a cost/benefit analysis. OMB erence a study that say regulation to which the OMB estimates are or are will also provide a discussion of those costs each of us $6,000 a year. Others not reliable. costs and benefits as direct and indi- reference studies that say the total In doing his analysis, Mr. Hahn found rect impacts on sectors of our Nation. cost of regulation is some $600 billion. that if cost-benefit analysis is to play a This assessment should encompass not These numbers are bandied about in an greater role in agency rule making, the only various estimates of impacts, but effort to drive home the message that quality of the analysis should be im- also alternative approaches to making regulation is expensive and to push for proved dramatically. Changes that he such estimates. legislation to limit regulation. thinks would improve the quality of In each of these steps, OMB will not Senator GLENN recently had GAO analysis include: standardizing and have to engage in extensive analyses of look at one of these studies to deter- summarizing key economic assump- its own, but rather is expected to use mine whether it used appropriate and tions; using best estimates and appro- existing information. The sponsors of reasonable methods. The GAO analysis priate ranges to reflect uncertainty; this amendment are aware of OMB’s re- was critical of the private study and and introducing peer review of the source constraints and intend that the highlighted several points at which the analyses and putting more weight on report be based on a compilation of ex- assumptions used were inappropriate peer-reviewed scholarship. He rec- isting information, rather than new or highly questionable. ommends that OMB develop a standard analysis. OMB should insure, of course, Robert Hahn, an economist at the format for presenting results in a clear that all considerations of costs and American Enterprise Institute, issued a and succinct manner. The report re- benefits take into account relevant report earlier this year in which he at- quired by this amendment could be quantifiable and nonquantifiable im- tempted to ascertain whether Federal helpful in achieving that goal. pacts. For example, visibility over the regulation results in net benefits. Mr. Mr. President, in a way, this is an ex- Grand Canyon is important to our Hahn concluded that, taken in aggre- periment to see what we already have country, yet is difficult to value as an gate, the net benefits from Federal en- available to us, if it were put together economic benefit. Thus, to be useful in vironmental, health and safety regula- in a useable format. It is a one-time regulatory decisionmaking, cost/bene- tions from 1990–1995 are $280 billion. only report which we can then use to fit analyses must be able to address This figure is calculated as total bene- determine the utility of continuing the both quantifiable and nonquantifiable fits minus total costs. requirement. impacts. However, when Mr. Hahn examined The report by OMB is also to include Finally, the amendment requires individual regulations, he found that the estimates of the costs and benefits OMB to provide recommendations for less than 50 percent do not pass a cost- of the major rules that are in effect, an September 12, 1996 CONGRESSIONAL RECORD — SENATE S10399 assessment of the direct and indirect smuggling and drug abuse throughout tional Drug Control Policy. I believe impacts of Federal rules on both the Washington State in recent years. Un- this is an inappropriate way to do busi- public and private sector, and any rec- fortunately, these negative trends are ness. The Office of National Drug Con- ommendations from OMB about revis- continuing to rise, and for that reason, trol Policy, not the Congress, should ing a Federal regulatory program to I believe that Washington State is an have the authority to designate new make it more effective or efficient. Re- excellent candidate for designation as high-intensity drug trafficking Areas. porting on the costs and benefits of a high-intensity drug trafficking area I appreciate Senator SHELBY’s and major rules is expected to require no [HIDTA]. Senator KERRY’s attention to this mat- more than reporting, in an organized For example, drug addiction and ter, and I would encourage the Senate and readable manner, the cost-benefit abuse is a major public health problem. conferees to maintain the Senate’s po- analyses of the major rules in effect Overall, according to the latest avail- sition when this issue comes before the that were already done prior to pro- able statistics, drug-related emergency conference. mulgation. To the extent there is up- room visits in Washington State per POST-FTS2000 dated information that would change 100,000 persons are running over 50 per- Mr. SHELBY. Mr. President, it the estimates in those analyses, such cent higher than the national average. should be noted that the report accom- updates should be included in this part Local authorities are also concerned by panying the Treasury appropriations of the report if it is available. both the increased level of drug usage, bill contains language directing the re- The assessment of impacts is in- trafficking, and gang violence associ- lease of the solicitation for the Post- tended to be a narrative discussion of ated with illicit drug trafficking. FTS2000 Program by the Government OMB’s opinion on this subject. It does Moreover, the Seattle-Tacoma met- no earlier than May of 1997. I want to not require additional information ropolitan area, the Blaine border cross- make clear that we do not seek to gathering; rather, the intent, here, is ing at the international border between delay the transition to the Post- that the Director use the information the United States and Canada, and the FTS2000 Program in delaying the re- contained in the report on the costs Yakima Valley in central Washington lease of the solicitation. As many of us know, the Tele- and benefits of Federal regulatory pro- are gateways for the introduction of il- communications Act of 1996 was de- grams and describe the expected im- legal drugs into the United States. The signed to open the entire telecommuni- pacts of such programs on State and threats posed by heroin, marijuana, co- cations industry to competitive mar- local governments, business, and indi- caine, hashish and methamphetamine ket forces. This landmark legislation viduals. Flowing from this assessment merit special attention as the volume will put local exchange carriers, cable would be any recommendations the Di- of these drugs passing through the area companies and utilities in fierce com- has a direct impact on other areas of rector may have to improve the exist- petition in their respective markets. the country. ing regulatory programs. With proper implementation by the Mr. President, cost-benefit analysis Mr. President, because I believe that Federal Communications Commission has been at the heart of the regulatory Washington State should be designated [FCC] and State public service commis- reform debate for the past decade. as a high-intensity drug trafficking sion, the long-term impact of tele- Those who are knowledgeable in the area does not automatically qualify me communications reform undoubtedly field will agree that it is more art than as an expert on national drug control will be new technology, better services, science. policy. In fact, I would submit that and new market entrants available to Mr. Hahn, in the report I earlier men- Gen. Barry McCaffery, the new Direc- our citizens. tioned stated, ‘‘Despite my enthusiasm tor of the Office of National Drug Con- By calling for a release date for the for cost-benefit analysis, I am leery trol Policy, probably has a much better Post-FTS2000 solicitation in the Spring about proposals that require the agen- understanding of how different proof 1997, we are manifesting our view cy head to implement regulations sole- grams should be implemented to con- that the Federal Government cus- ly on the basis of whether benefits ex- trol drug trafficking and drug abuse in tomers and American taxpayers will be ceed costs. Given the uncertainties in different regions throughout the coun- best served if the Post-FTS2000 Pro- the analysis, we should not ask too try. gram were designed to take advantage much of the tool.’’ Accordingly, the Senate version of of the benefits of increased competi- Precision in these analyses and as- the fiscal year 1997 Treasury, Postal tion which is intended to result from sessments is far from achievable. But Service, and General Government ap- the 1996 Telecommunications Act and that doesn’t mean they aren’t useful. propriations bill provides $13 million in which we believe most certainly will We shouldn’t be bound by them, but we additional funds for the designation of take place. Currently, the FCC and also shouldn’t ignore them. Use of cost- new high-intensity drug trafficking State public service commissions are benefit analysis in developing regu- areas. It also directs the Office of Na- in the process of implementing the latory programs goes back to President tional Drug Control Policy to review act’s provisions, and thus, it seems Nixon. Each administration has ex- all of the pending applications for wasteful and premature for the Govern- panded on its use. Today, such analysis high-intensity drug trafficking area ment to initiate the Post-FTS2000 en- is commonplace with respect to regu- designations including the gulf coast, terprise sooner than next May. latory proposals that have a significant the Northeast, the Northwest, the We owe it to our constituents to en- impact. Great Plains, and the Rocky Mountain sure the GSA pursues a Post-FTS2000 We tried to place a requirement for regions. I commend the chairman and strategy that can guarantee the best cost-benefit analysis for all significant the ranking member for their efforts in quality service at a price that makes rules in law last year. We failed, in drafting this bill in such a manner. It sense. However, as chairman of the part, because some Members wanted to allows the Office of National Drug Con- subcommittee responsible for funding make the requirements for using cost- trol Policy, not Congress, to designate the GSA’s activities, I have asked GSA benefit analysis more exacting than ex- new high-intensity drug trafficking a series of detailed questions that are perience has shown us they can be. I re- Areas in the United States, which I be- intended to ensure that the Post- main hopeful that next Congress we lieve is entirely appropriate. FTS2000 Program is the best possible can reach agreement and develop a rea- In the House version of the fiscal strategy for meeting the Government’s sonable proposal that guarantees that year 1997 Treasury, Postal Service, and communications needs well into the solid cost-benefit analysis of important General Government Appropriations next millennium. However, the GSA regulations will always be done, and bill, the bill provides an additional $10 cannot address the issues I raised, and that such analysis will be used appro- million for new high-intensity drug I do not believe GSA can begin its solu- priately. trafficking areas programs. Unfortu- tions with the original schedule of Oc- HIGH INTENSITY DRUG TRAFFICKING AREA nately, the accompanying Report des- tober, 1996. Mr. GORTON. Mr. President, like ignates three new high-intensity drug For instance, I envision some of the many citizens across the country, the trafficking areas, which completely largest savings in the Post-FTS2000 residents of Washington State have circumvents the current designation contract from integrating local serv- witnessed a dramatic increase in drug process formulated by the Office of Na- ices acquisition as that market faces S10400 CONGRESSIONAL RECORD — SENATE September 12, 1996 competition. Yet, the current reported TREASURY-POSTAL SUBCOMMITTEE SPENDING TOTALS— ing by the leader, I just do not see how scope of the Post-FTS2000 contract SENATE-REPORTED BILL we can get through extended debate to- does not provide for local services com- [Fiscal year 1997, in millions of dollars] night and a lot of votes. petition, or a comparison of end-to-end What we would like to do now is to Budget service cost versus a piecemeal acquisi- authority Outlays pull down the Treasury bill, and go to tion of telecommunication services. In- the Interior appropriations bill in the Nondefense discretionary: stead, GSA seeks competition in only a Outlays from prior-year BA and other actions com- morning at 9:30. If we could get an few cities under a separate acquisition. pleted ...... 2,381 agreement on taking that up, then H.R. 3756, as reported to the Senate ...... 11,081 8,498 This strategy fails to address the dis- Scorekeeping adjustment ...... there would not be any votes tomorrow parity between urban and rural govern- as we try to be cooperative with our ment locations with respect to end-to- Subtotal nondefense discretionary ...... 11,081 10,879 Members that have a holiday that is end communications and fails to bring Violent crime reduction trust fund: very important to them tomorrow. the benefit of competition for all tele- Outlays from prior-year BA and other actions com- We will be working on other issues. pleted ...... 9 communications services to the Fed- H.R. 3756, as reported to the Senate ...... 120 93 We would like to get the Magnuson eral Government. We also want to see a Scorekeeping adjustment ...... fisheries bill through. There is an in- business plan and requirements that Subtotal violent crime reduction trust fund ...... 120 102 terest on both sides in getting that reflect the Telecommunications Act, as done. If we could get in touch with the Mandatory: well as the Government’s plan for ad- Outlays from prior-year BA and other actions com- interested players and get that done in dressing security and interoperability. pleted ...... 129 128 the morning we would do that and not H.R. 3756, as reported to the Senate ...... 12,081 11,936 I also point out, Mr. President, that I Adjustment to conform mandatory programs with go to the Interior appropriations. have consulted with my friend and col- Budget Resolution assumptions ...... 301 445 With regard to Monday, we would league, Senator STEVENS, the chairman Subtotal mandatory ...... 12,511 12,509 like to continue working on the Inte- of the Governmental Affairs Commit- rior appropriations bill. The managers tee, which has oversight jurisdiction Adjusted bill total ...... 23,712 23,490 have indicated we can make progress over this program, and he agrees with Senate Subcommittee 602(b) allocation: on that. I understand, perhaps, even our approach. In addition, my friend Defense discretionary ...... amendments dealing with grazing Nondefense discretionary ...... 11,081 11,012 and colleague, the ranking minority Violent crime reduction trust fund ...... 120 106 could be considered on Monday, or per- member, Senator KERREY, is inti- Mandatory ...... 12,511 12,509 haps we could go to the aviation au- mately aware and knowledgeable in Total allocation ...... 23,712 23,627 thorization, the FAA authorization this matter and also endorses the di- bill. A lot of good work has been done rection set forth today. Adjusted bill total compared to Senate Subcommittee on that by Senator MCCAIN, Senator 602(b) allocation: Mr. DOMENICI. Mr. President, I rise Defense discretionary ...... FORD, Senator STEVENS, a number of in strong support of H.R. 3756, the Nondefense discretionary ...... ¥133 Senators. So if we can get a time Violent crime reduction trust fund ...... ¥4 Treasury, Postal Service, and general Mandatory ...... agreement on that we would take that Government appropriations bill for fis- up and then go to the Interior appro- Total allocation ...... ¥137 cal year 1997. priations bill and we would have votes, This bill provides new budget author- Note.—Details may not add to totals due to rounding. Totals adjusted for consistency with current scorekeeping conventions. then, on Tuesday morning. ity of $23.3 billion and new outlays of We announced earlier that an amend- $20.5 billion to finance operations of Mr. ASHCROFT. Madam President, I ment by the Senator from California the Department of the Treasury, in- suggest the absence of a quorum. would not be taken up before Tuesday. cluding the Internal Revenue Service, The PRESIDING OFFICER (Mrs. We have one other amendment that we U.S. Customs Service, Bureau of Alco- HUTCHISON). The clerk will call the would want to say would not be taken hol, Tobacco and Firearms, and the Fi- roll. up before Tuesday on the Interior ap- nancial Management Service; as well The legislative clerk proceeded to propriations bill. I do not think there as the Executive Office of the Presi- call the roll. is a problem with that. I do not like dent, the Office of Personnel Manage- Mr. LOTT. Madam President, I ask setting a precedent of saying, ‘‘OK, this ment, the General Services Adminis- unanimous consent that the order for Senator’s amendment will not be con- tration, and other agencies that per- the quorum call be rescinded. sidered until a day certain.’’ These are form central Government functions. The PRESIDING OFFICER. Without both in recognition of the Jewish holi- I congratulate the chairman and objection, it is so ordered. day, and the fact that we will be on In- ranking member for producing a bill Mr. LOTT. Madam President, at the terior a good bit next week, I do not that is within the subcommittee’s request of the Senator from Utah, Sen- see that any damage is done by doing it 602(b) allocation. When outlays from ator HATCH, before we move to the next that way. prior-year budget authority and other action, I ask for the yeas and nays on adjustments are taken into account, amendment numbered 5295. f the bill totals $23.7 billion in budget The PRESIDING OFFICER. Is there a UNANIMOUS-CONSENT AGREEMENT authority and $23.5 billion in outlays. sufficient second? The total bill is at the Senate sub- There is a sufficient second. Mr. LOTT. In view of that, I ask committee’s 602(b) nondefense alloca- The yeas and nays were ordered. unanimous consent, Madam President, tion for budget authority and under its f that the Treasury bill be placed on the allocation for outlays by $133 million. calendar and the Senate proceed to the The subcommittee is also at its Violent ORDER OF PROCEDURE Interior appropriations bill at 9:30 a.m. Crime Reduction Trust Fund allocation Mr. LOTT. A lot of effort has gone on Friday, September 13, and if we can for budget authority and under its allo- into the Treasury-postal bill. We have get an agreement on the Magnuson cation for outlays by $4 million. dealt with a number of issues. We have fishery bill we may go to that instead. Mr. President, I ask unanimous con- been on this bill 25 hours and 38 min- Mr. DASCHLE. Reserving the right sent to have printed in the RECORD a utes. I think perhaps we are tired and to object, and I will not object, let me table displaying the Budget Committee we need to see if we can go on to some- just say we have worked on this side on scoring of H.R. 3756, as reported by the thing else. I encourage the managers to the Treasury-postal bill to narrow the Senate. continue working. If they can come list of amendments. We began this I urge Members to support the bill back with a list of amendments we morning with 45, tonight we are down and to refrain from offering amend- could get done in 4 hours, we would to 6. So we have made good progress. I ments that would cause the sub- consult, try to get the Treasury-postal thank all of my colleagues on this side committee to exceed its 602(b) alloca- bill done. We have put a lot of effort of the aisle for their cooperation. Hope- tion. into it. I think in view of everything fully, we can work out the remaining There being no objection, the table that has gone on here and recognizing questions relating to the additional was ordered to be printed in the where we are now, with second-degree short list of amendments. I think the RECORD, as follows: amendments and an amendment pend- majority leader’s recommendation is a September 12, 1996 CONGRESSIONAL RECORD — SENATE S10401 good one. I hope we could begin the de- ments of Kenny Harrison of Bridgeton, Mr. LUGAR. The Senator is correct bate on the Interior bill tomorrow, per- MO at the games of the XXVIth Olym- that a vacancy has existed on the haps taking up the Federal aviation piad. Mr. Harrison won America’s three-member Farm Credit Adminis- bill on Monday, but we will work with fourth track and field gold medal by tration Board since March 31, 1995. The the majority to see that we have a full jumping 18.09 meters in the triple Senate majority leader, Bob Dole, sent schedule and protect Senators who jump. This jump, in addition to win- the name of Ann Jorgenson to the have plans for religious purposes to- ning Olympic gold, also established a President in June 1995 to fill a Repub- morrow. new U.S. and Olympic record. The lican vacancy at the Farm Credit Ad- I have no objection. State of Missouri, and the entire Na- ministration. The Committee has not The PRESIDING OFFICER. Without tion, takes great pride in Mr. Har- received any notification from the objection, it is so ordered. rison’s record setting performance. White House regarding Ann Mr. LOTT. I thank the Democratic f Jorgenson’s nomination. If the Presi- leader for his cooperation. I ask unani- HONORING THE HELBIGS ON dent does not formally nominate Ms. mous consent that during the consider- Jorgenson, the Committee and the Sen- ation of H.R. 3662, the Interior appro- THEIR 50TH WEDDING ANNIVER- SARY ate will be unable to act on the ap- priations bill, that no amendments rel- pointment this Congress and the Board ative to Boundary Waters Canoe Area Mr. ASHCROFT. Madam President, will continue without its full com- Wilderness or Voyageur’s National families are the cornerstone of Amer- plement of members. Park be in order prior to Tuesday, Sep- ica. The data are undeniable: Individ- Mr. GRASSLEY. I have personally tember 17, 1996. uals from strong families contribute to known Ann Jorgenson for many years Madam President, let me withhold the society. In an era when nearly half and I am very impressed with her ac- that request. of all couples married today will see complishments, her commitment to Madam President, we do want to their union dissolve into divorce, I be- American agriculture, and her work make sure that is cleared by a Senator lieve it is both instructive and impor- and knowledge in the business world. that has a direct interest in it, and we tant to honor those who have taken the She has developed business plans and will make a call right now. It would be commitment of till death us do part se- goals, written software for farm ac- my intent to honor this, but I will try riously, demonstrating successfully the counting, spoken numerous times at to get a unanimous-consent agreement timeless principles of love, honor, and agricultural seminars on various agri- locked in while we are making calls. fidelity. These characteristics make culture topics, and has authored a book f our country strong. on putting paperwork in its place. She For these important reasons, I rise also serves on board of the Farm Bu- MORNING BUSINESS today to honor Mr. Charles and Mrs. reau Mutual Fund. She has an admira- Mr. LOTT. Madam President, I ask Dorothy Helbig of St. Charles, MO, who ble record of public service to the State unanimous consent that there be a pe- on September 21, 1996 will celebrate of Iowa, having served as a member of riod for morning business, with Sen- their 50th wedding anniversary. My the board of regents, which oversees ators permitted to speak for up to 5 wife, Janet, and I look forward to the minutes each. day we can celebrate a similar mile- Iowa’s three State universities. Cur- The PRESIDING OFFICER. Without stone. Charles and Dorothy’s commit- rently, Ann is a board member of the objection, it is so ordered. ment to the principles and values of Iowa Department of Economic Devel- opment. The list goes on extensively. f their marriage deserves to be saluted Once the administration formally and recognized. I wish them and their THE VERY BAD DEBT BOXSCORE nominates Ms. Jorgenson and the Agri- family all the best as they celebrate culture Committee has an opportunity Mr. HELMS. Madam President, at this substantial marker on their jour- the close of business yesterday, ney together. to review her record and qualifications, I am convinced that the Senator will Wednesday, September 11, the Federal f debt stood at $5,219,273,550,936.86. conclude that she is a highly qualified One year ago, September 11, 1995, the FARM CREDIT ADMINISTRATION person for the position. Federal debt stood at $4,962,944,000,000. BOARD Mr. LUGAR. I look forward to having Five years ago, September 11, 1991, Mr. GRASSLEY. Will the distin- the opportunity to examine her quali- the Federal debt stood at guished Chairman of the Senate Agri- fications. Her reputation is an excel- $3,619,285,000,000. culture Committee yield for a ques- lent one. Ten years ago, September 11, 1986, tion? Mr. GRASSLEY. Would the Senator, the Federal debt stood at Mr. LUGAR. Yes, I will yield for a chairman of the Senate Agriculture $2,105,838,000,000. question. Committee, join with me in urging the Fifteen years ago, September 11, 1981, Mr. GRASSLEY. The Farm Credit President to fill the vacancy on the the Federal debt stood at System is the vital backbone of Amer- Board of the Farm Credit System so $980,009,000.000. This reflects an in- ican agriculture providing needed fi- that we may complete the confirma- crease of more than $4 trillion— nancing for many components of agri- tion process this Congress? $4,239,264,550,936.86—during the 15 years culture. The FCS is regulated by the Mr. LUGAR. I join the Sentor in urg- from 1981 to 1996. Farm Credit Administration. There has ing the President to fill the vacancy on f been a vacancy on the FCA Board since the FCS Board. The vacancy on the the resignation of Board member Gary Board has existed for over a year now BIRTHDAY GREETINGS FOR MRS. Byrne on March 31, 1995. Under pre- and the Board’s daily oversight of the ESTHER WERNER vious agreement with the President, safety and soundness of the farm credit Mr. ASHCROFT. Madam President, I the name of a highly qualified Iowan, system would be greatly enhanced with rise today to recognize Mrs. Esther Ann Jorgenson, was referred in August a full Board. Werner of Creve Coeur, MI. Mrs. Wer- 1995 to the White House with the under- Mr. GRASSLEY. I ask unanimous ner celebrated her 90th birthday on Au- standing that the President would send consent that letters in support of Ann gust 2, 1996. I join her family and her name to the Senate for confirma- Jorgenson be printed in the RECORD. friends in celebration of this momen- tion. To date, the White House has ne- There being no objection, the letters tous occasion, and in wishing her con- glected to act on the nomination. This were ordered to be printed in the tinued health and happiness in the Senator feels that the lack of a full RECORD, as follows: years to come. Board is very disruptive to the smooth U.S. SENATE, Washington, June 28, 1996. f operation of the Farm Credit System. Can the Chairman share with the The PRESIDENT, The White House, OLYMPIC CHAMPION KENNY Senate any information which he may HARRISON Washington, DC. have on the nomination and whether or DEAR MR. PRESIDENT: Nearly one year ago, Mr. ASHCROFT. Madam President, I not the Senate will be able to act on it then Majority Leader Senator Bob Dole sent rise today to recognize the accomplish- this Congress? to you the name of Ann Jorgensen to fill a S10402 CONGRESSIONAL RECORD — SENATE September 12, 1996 Republican vacancy at the Farm Credit Ad- Ann Jorgensen is especially qualified to nicate the need to have all positions filled on ministration. Her name has yet to be sent to make certain that the Farm Credit System the Farm Credit Administration’s Board. the Senate for confirmation. I strongly sup- achieves its statutory goal of making credit These are extremely volatile times for farm- port her nomination and ask that you send available to farmers and ranchers and their ers and it is important financial institutions her name to the Senate as soon as possible. cooperatives and for rural residences. Her that are a part of the Farm Credit System The Farm Credit Administration is facing impressive resume includes a strong, per- have the direction to keep agriculture a suc- significant issues with regard to the Farm sonal background in production agriculture, cessful industry. Credit System. It can best address these is- business development, and trade, as well as, Again, thank you for the opportunity to sues with a full complement of members on extensive experience in rural economic de- offer ISA’s support for the appointment of its Board. Ann Jorgensen has the back- velopment. This unique combination is ex- Ann Jorgensen. ground and experience to deal with these is- actly the mix rural America needs to con- Sincerely, sues knowledgeably and thoroughly. As a tinue to share in the country’s economic re- DOUGLAS P. LINDGREN, former member of the Iowa Board of Re- covery. President. gents, business owner, current member of We strongly urge you to nominate Ann the Iowa Department of Economic Develop- Jorgensen as soon as possible, to restore the ment Board, author, and farm wife, she Farm Credit Administration Board to its full IOWA FARM BUREAU FEDERATION, would bring a wealth of much needed experi- complement of three members. Des Moines, IA, July 29, 1996. ence to the Farm Credit Administration. Sincerely, Hon. BILL CLINTON, I stand ready to assist you with this nomi- BILL NORTHEY, The White House, nation. President. Washington, DC. Sincerely, DEAR MR. PRESIDENT: I would like to take CHARLES E. GRASSLEY, AMERICAN SOYBEAN ASSOCIATION, this opportunity to offer support for the ap- U.S. Senator. St. Louis, MO, July 15, 1996. pointment of Ann Jorgensen of Garrison, The PRESIDENT, Iowa, to fill the vacant position on the three- OFFICE OF THE GOVERNOR, The White House, member board of the Farm Credit Adminis- Des Moines, Iowa, July 18, 1996. Washington, DC. tration. Hon. WILLIAM J. CLINTON, DEAR MR. PRESIDENT: The American Soy- This position has been vacant longer than President, bean Association respectfully urges you to it should be and is a concern of the agri- The White House, nominate Ann Jorgensen of Iowa to fill the culture community. Whatever the reason for Washington, DC. vacant position on the Farm Credit Adminis- this position not being filled it is more im- DEAR MR. PRESIDENT: I am writing to high- tration Board. Unless this nomination is portant than ever, because of the new farm ly recommend Ann Jorgensen of Vinton, sent to the Senate soon, it will be impossible bill and the environment that it will create, Iowa, for a Republican position on the board to complete the confirmation process before that a full board be in place. of the Farm Credit Administration. It is my Congress adjourns. understanding that former Majority Leader The Farm Credit Administration Board Ann Jorgensen is an extremely talented Bob Dole sent you her name last year. plays a critical role in regulating the Farm and articulate person who has a broad expe- Ann Jorgensen is an individual I have Credit System and in ensuring adequate rience base that would be helpful in this po- called on many times to serve the State of credit is available to production agriculture sition. Number one, she is a successful farm- Iowa. She is currently on one of our most and other borrowers in rural America. These er but also has served on many state boards important state boards, the Iowa Depart- functions are particularly important during that needed her excellent judgment abilities. ment of Economic Development board. She the current period of volatile commodity Ann also has what I consider a critical skill has also served on the Interstate Agricul- prices, as farmers, ranchers, and their lend- needed in any form of business or govern- tural Grain Marketing Commission, the Iowa ers manage increased risk and finance future ment institution and that is common sense Alcoholic Beverages Commission, the State production costs. judgment. Board of Regents, and the Iowa Arts Council. We know Ann Jorgensen to be a highly I sincerely ask that you consider Ann for Her service in all of these capacities has qualified individual who would be a valuable the board position. This position needs to be been exemplary. member of the Farm Credit Administration filled and the agriculture community will be I am confident that Ann Jorgensen would Board. Her extensive background in produc- well served to have Ann fill that position. be a fine addition to the board of the Farm tion agriculture and rural economic develop- Sincerely, Credit Administration as she has an exten- ment is ideally suited to the task of oversee- ED WIEDERSTEIN, sive background in agriculture and agri- ing the Farm Credit System. Her experience President. business. and perspective would perfectly complement The Farm Credit Administration has a the qualifications of the other members of very important role in overseeing the Farm the Board. NORWEST BANK IOWA, N.A., Credit System, which is a significant source The American Soybean Association strong- Des Moines, IA, August 8, 1996. of capital for rural America. As this board ly urges you to nominate Ann Jorgensen, The PRESIDENT, deals with some critical issues in the years and to bring the Farm Credit Administration The White House, ahead, it is important that the board have a Board up to its full complement of three Washington, DC. full slate of members. members. DEAR PRESIDENT CLINTON: As you review Ann Jorgensen has my highest rec- Sincerely yours, the candidates to nominate for the Repub- ommendation. JOHN LONG, lican vacancy at the Farm Credit Adminis- Sincerely, President. tration, there is one name that should rise to TERRY E. BRANSTAD, the top of the nomination list. Ann Governor of Iowa. IOWA SOYBEAN ASSOCIATION, Jorgensen, whose name was submitted to West Des Moines, IA, July 15, 1996. you a year ago by former Majority Leader NATIONAL CORN GROWERS ASSOCIATION, Hon. WILLIAM J. CLINTON, Bob Dole, is one of Iowa’s foremost agricul- Washington, DC, July 19, 1996. President, The White House, tural leasers; she is a woman who has de- The PRESIDENT, Washington, DC. voted her life to championing farm issues on The White House, DEAR MR. PRESIDENT: I would like to take the local, state and national levels. Washington, DC. this opportunity to offer the support of the Ann’s credentials for this position speak DEAR MR. PRESIDENT: On behalf of the Iowa Soybean Association (ISA) for the ap- for themselves. She is a farm owner, an agri- farmer members of the National Corn Grow- pointment of Ann Jorgensen to fill the va- business owner, an economic development ers Association, I urge you to send to the cant position on the three member board of leader, a renowned consultant and an author Senate the nomination of Ann Jorgensen of the Farm Credit Administration. Iowa to serve on the Farm Credit Adminis- Ann Jorgensen understands agricultural and columnist for agricultural publications. tration Board. The Board has been without a economics and possesses the entrepreneurial Ann is a true visionary who relies on her ex- third member for more than a year. If the spirit that has built a successful business. tensive experience in the ag industry to ar- nomination does not proceed soon, it will not Her many credentials include membership on ticulate, anticipate and analyze farm issues. be possible to complete Senate confirmation the Board of Regents for the State of Iowa Her established contacts, solid reputation before this Congress adjourns. and numerous Iowa economic development and first-hand knowledge would make her an The Farm Credit Administration Board boards. She is a community leader and a rec- exceptional addition to the board of the serves a critical role in regulating the Farm ognized volunteer. Additionally, Senators Farm Credit Administration. Credit System and ensuring an adequate and Grassley and Harkin support her nomination The Farm Credit Administration only flexible flow of money into rural areas. This and are confident that she would be a credi- stands to benefit from the addition of a statutory responsibility will be ever more ble candidate for Senate confirmation hear- member of Ann’s caliber. Thank you for your important as farmers and their lenders refine ings. consideration in this matter. the skills necessary to manage both produc- ISA reaffirms its support for Mrs. Warm regards, tion and price risk. Jorgensen, but would also like to commu- H. LYNN HORAK. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10403 CBO STATEMENT ON S. 1994 ployers would have to obtain written consent lated goods and services for which a direct from such individuals prior to releasing the nexus to flights taking off or landing in the Mr. PRESSLER. Madam President, I information as well as notify them of the re- state could be established. Current law does rise to submit for the RECORD an inter- quest and of their right to receive a copy of not require that states show such a flight governmental mandates statement, as the records. connection when levying property, income, prepared by the Congressional Budget State Taxing Authority. The bill contains sales, use, and other taxes on air carriers or Office [CBO], for the Federal Aviation a provision intended as a technical correc- other providers of aviation services. Many Administration Reauthorization Act of tion to the section of Title 49 of the U.S. states use apportionment formulas to cal- 1996 (S. 1994). The Committee on Com- Code establishing the authority of states to culate these taxes, and it is possible that the levy certain aviation-related taxes. When proposed change could preclude this prac- merce, Science, and Transportation or- that section of the code was recodified in tice. dered S. 1994 reported on June 13, 1996. 1994, it appeared to broaden the power of Based on a survey of state tax officials and The CBO already has provided a Fed- states to tax airlines. The correction is in- information from the Multistate Tax Com- eral cost estimate and a private sector tended to return state taxing authority to mission, CBO estimates that the bill could mandates statement for this bill on the status quo as it existed before the recodi- result in tax preemptions in as many as half July 16, 1996, and both are included in fication. of the states. Depending upon the interpreta- Senate Report 104–333 on S. 1994. The impact of this provision, however, is tion of the proposed change, some states Madam President, I now ask unani- unclear. A simple correction would impose could face annual revenue losses in the mil- no new mandates. There is concern among lions of dollars. Ambiguities in both the ex- mous consent that the CBO statement some tax experts, however, that the proposed isting recodified statute and the proposed be printed in the RECORD at this point. change goes beyond the intended fix and change, however, make it difficult to predict The PRESIDING OFFICER. Without would impose new preemptions on states’ the extent of the possible preemption, if any, objection, it is so ordered. taxing authority. A number of state tax offi- and to quantify the revenue losses that There being no objection, the mate- cials assert that the proposed correction might result from it. CBO estimates that, if rial was ordered to be printed in the would increase the ambiguities in the stat- interpreted broadly, the provision would RECORD, as follows: ute and could lead to an interpretation of have a potentially significant revenue im- the law that would prohibit states from impact that could approach or exceed the $50 U.S. CONGRESS, posing certain aviation-related property, in- million threshold. CONGRESSIONAL BUDGET OFFICE, come, and other taxes. This issue is unlikely 8. Appropriation or other Federal financial Washington, DC, July 26, 1996. to be resolved without litigation. If the pro- assistance provided in bill to cover mandate Hon. LARRY PRESSLER, vision is interpreted as the states fear it will costs: None. Chairman, Committee on Commerce, Science, be, it would constitute a mandate on state 9. Other impacts on State, local, and tribal and Transportation, U.S. Senate, Washing- governments as defined by Public Law 104–4 governments: Pilot Records and State De- ton, DC. because it would prohibit states from raising partment of Motor Vehicles. The bill would DEAR MR. CHAIRMAN: The Congressional certain revenues. require air carriers to obtain information on Budget Office has prepared the enclosed 6. Estimated direct costs to State, local, a prospective pilot’s motor vehicle driving intergovernmental mandates statement for and tribal governments: (a) Is the $50 Million record. State departments of motor vehicles the Federal Aviation Reauthorization Act of Annual Threshold Exceeded? Because of the (DMVs) would have to provide information 1996. CBO provided a federal cost estimate uncertainty surrounding the interpretation from the National Driver Register within 30 and a private-sector mandates statement for of section 402, dealing with state taxing au- days of receiving such a request from an air this bill on July 16, 1996. thority, CBO is uncertain whether the carrier. The bill would require DMV officials The bill would impose mandates on state, threshold established in Public Law 104–4 to obtain written consent from individuals local, and tribal governments as defined in would be exceeded. prior to releasing such information and to Public Law 104–4. (b) Total Direct Costs of Mandates. Depend- notify them of the request and of their right If you wish further details on this esti- ing upon the interpretation of section 402, to receive a copy of records. mate, we will be pleased to provide them. the bill’s mandate costs could exceed the $50 Because the National Driver Register pro- Sincerely, million annual threshold established in Pub- gram is a voluntary federal program, these JUNE E. O’NEILL, lic Law 104-4. The state tax provision alone, requirements would not constitute mandates Director. if interpreted broadly, would have a poten- as defined by Public Law 104–4. They would, Enclosure. tially significant revenue impact that could however, result in some costs to states. The CONGRESSIONAL BUDGET OFFICE ESTIMATED approach or exceed the $50 million threshold. bill would allow states to charge the air car- COST OF INTERGOVERNMENTAL MANDATES CBO cannot estimate its exact magnitude at riers and prospective pilots a fee for the cost 1. Bill number: Not yet assigned. this time. CBO estimates that the costs to of processing the request and furnishing the 2. Bill title: Federal Aviation Reauthoriza- state, local, and tribal governments of the records. Based on information from the De- tion Act of 1996. requirement to provide background records partment of Transportation, state DMVs, 3. Bill status: As ordered reported by the on prospective pilots would be negligible. and airline industry representatives, CBO es- Senate Committee on Commerce, Science, (c) Estimate of Necessary Budget Authority: timates that the administrative costs to and Transportation on June 13, 1996. Not applicable. states of complying with this requirement 4. Bill purpose: The bill would authorize 7. Basis of estimate: Pilot Records. Based would be insignificant. 1997 appropriations or provide contract au- on information from industry representa- Essential Air Service. The bill would bene- thority for a number of Federal Aviation Ad- tives and the Departments of Transportation fit approximately 100 rural communities ministration (FAA) programs, including the and Labor, CBO estimates that state, local, across the United States that are served by state block grant, research and development, and tribal governments, in aggregate, would the essential air service program. The bill and airport improvement programs. The bill have to respond to fewer than 5,000 requests would replace the provision in current law would modify the funding for essential air for work records of prospective pilots every that requires reauthorization of funding for service and the apportionment of airport im- year. This assumes that many of the 10,000 the program after 1998 with a new and in- provement funds. In addition, it would make pilots hired annually have held four or more creased source of funding. The bill would it more difficult for the FAA Administrator jobs within the previous five years (because raise the authorization to $50 million annu- to issue regulations that result in substan- seasonal and part-time work is common) and ally for the program (almost twice the fiscal tial economic burdens to state, local, or trib- that fewer than 10 percent of those positions year 1996 authorization) to be paid out of new al governments. The bill would also establish were with state, local, or tribal govern- fees on foreign air service. Spending on the new requirements pertaining to pilot records ments. program would, however, continue to be sub- and hiring. CBO estimates that the costs of this man- ject to appropriation. The bill would also 5. Intergovernmental mandates contained date on state, local, and tribal employers allow the Secretary, not earlier than two in the bill: The bill contains one mandate on would be insignificant. Such requests for years and 30 days after enactment of the bill, state, local, and tribal governments, and one work records would be spread across numer- to require that state and local governments provision that could be a mandate. ous state, local, and tribal government of- provide matching funds of up to 10 percent Pilot Records. The bill would increase the fices; thus, the additional administrative for payments they receive under the pro- amount of background information an air burden on any individual entity would be gram. carrier must obtain before hiring an individ- negligible. The bill would also allow employ- FAA Regulations. The bill would prohibit ual as a pilot. In doing so, it would impose a ers to charge air carriers and prospective pi- the FAA Administration from issuing regu- mandate on employers, including state, lots a fee for the cost of processing the relations that would cost state, local, and trib- local, and tribal governments, that have em- quest and furnishing the records. al governments, in aggregate, more than $50 ployed the prospective pilot within the pre- State Taxing Authority. Based on informa- million a year without the approval of the vious five years. The bill would require that tion from several states, CBO believes that, Secretary of Transportation. In addition, the employers provide to air carriers, upon their if amended by this bill, certain subsections bill would require periodic reviews of all reg- request and within 30 days, information on of 49 U.S.C. 40116 could be read together to ulations issued after enactment of the bill the work record of these individuals. Em- limit states to taxing only those aviation-re- that result in aggregate costs of state, local, S10404 CONGRESSIONAL RECORD — SENATE September 12, 1996 and tribal governments of $25 million or North Korea, Vietnam, and Serbia. In overall human rights record or its ad- more a year. addition, one of the main reasons given herence to international or bilateral Alaskan Aviation. The bill would provide by proponents of revoking China’s trade or nuclear proliferation agree- FAA a new, one-year authorization of $10 MFN status is that country’s arguably ments. Rather, it was originally de- million to be spend on improving aviation safety in Alaska. The bill would also direct abysmal human rights record. But signed to pressure the Soviet Union to the Administrator to take Alaska’s unique while other countries have equally dis- allow the free emigration of Soviet transportation needs into consideration turbing human rights records, no one Jews to Israel and other countries. when amending aviation regulations. has moved to revoke their MFN status. Over the years, its application has 10. Previous CBO estimates: CBO provided Turkey has long persecuted its Kurdish moved from covering freedom of emi- a preliminary analysis of the bill’s mandates minority; Russia has killed hundreds of gration from any country with a com- on state, local, and tribal governments as civilians in Chechnya; Indonesia in- mand or nonmarket economy to a tool part of the federal cost estimate dated July vaded East Timor and continues to oc- for expressing United States displeas- 16, 1996. The initial conclusions presented in cupy the island illegally, jailing and ure with a variety of China’s sins. It is that estimate have not changed. On July 22, 1996, CBO transmitted an inter- killing Timorese dissidents; Nigeria somewhat ironic that of all the dif- governmental mandates statement on H.R. jails and executes opponents of the ferent issues raised by Members of Con- 3539, the Federal Aviation Authorization Act Government— yet all four enjoy most gress arguing to revoke the PRC’s MFN of 1996, as ordered reported by the House favored nation trading status. status, I have never heard China’s emi- Committee on Transportation and Infra- Second, the annual debate is damag- gration policies mentioned even once. structure on June 6, 1996. Both bills would ing to the interests of U.S. companies With the demise of the cold war, and reauthorize major FAA programs and amend doing business in the PRC. Companies changing world realities, we would do the section of Title 49 of the U.S. Code deal- find it very difficult to make long-term better to repeal Jackson-Vanik and re- ing with state taxation, but they differ in several other respects. The two estimates reinvestment plans when they have to place it with a more workable and flect those differences. worry every year that the MFN rug pragmatic alternative. We should ex- On July 11, 1996, CBO transmitted a cost might be yanked out from under them. tend permanent MFN status to China, estimate and mandates statement on H.R. From the Chinese side, the annual retaining of course the option of revok- 3536, the Airline Pilot Hiring and Safety Act MFN renewal requirement raises the ing that status should the need truly of 1996, as ordered reported by the House risk of doing business with U.S. firms; arise. That extension would remove a Committee on Transportation and Infra- so instead, they have a strong incen- series of irritants from our relation- structure on June 6, 1996. H.R. 3536 is similar tive to do business with our European ship, but would not adversely affect to the title in this bill pertaining to background information on prospective pilots. competitors who have no such con- our ability to address China’s various H.R. 3536 would not, however, require state, straints. transgressions. local, and tribal government employers to Third, the threat of revoking China’s We retain a whole series of options to provide information on the work records of MFN—an empty threat in my view—is deal with the many areas of friction in prospective pilots. not an effective foreign policy tool. Re- our bilateral relationship that are 11. Estimate prepared by: Karen McVey. voking China’s MFN status would hurt more narrowly tailored—and therefore 12. Estimate approved by: Robert A. Sun- us more than the Chinese—the eco- more effective—than the overkill shine (for Paul N. Van de Water, Assistant nomic equivalent of cutting off your method of MFN revocation. For exam- Director for Budget Analysis). nose to spite your face. In 1995, United ple, a wide variety of unfair trade prac- f States exports to China directly sup- tices can be addressed through provi- ported around 200,000 American jobs. sions of the Trade Act of 1974—com- THE ANNUAL CHINA MFN DEBATE Revoking MFN, and the Chinese retal- monly called the Special 301 provi- Mr. THOMAS. Madam President, the iation that would surely follow, would sion—as with the recent intellectual theater that is the annual China MFN only serve to deprive us of a rapidly property rights dispute. Similar legis- debate has once again—predictably— growing market. China is perfectly ca- lation is in place to deal with nuclear fully run its course. The President rec- pable of shopping elsewhere for its or other weapons proliferation. ommended extension, United States needs, and our allies are more than I am not an apologist for the PRC— business and our Asian trading part- happy to fill any void we leave. We re- far from it. The Chinese are failing to ners held their collective breath, there cently saw a prime example of that honor many of their commitments to was a lot of rhetoric on the floor of the willingness; last month Premier Li us, such as intellectual property rights House condemning China for a variety Peng traveled to France where he and nuclear proliferation—note the re- of serious misdeeds, and in the end a signed a $2 billion contract to buy 33 cent well-founded allegations that the vast majority of the House voted to Airbuses—a contract that Boeing PRC has assisted Pakistan in building renew MFN yet again. In the wake of thought it was going to get. a missile production facility. They the debate, I believe that we should Fourth, instead of using MFN as a want to gain entry to the WTO on their take a serious look at scrapping this carrot-and-stick with the PRC, I be- own, not the WTO’s terms. Their annual drama and replacing it with a lieve the best way to influence the progress on the human rights front has more pragmatic and workable solution. growth of democratic ideals, human been negligible at best, as evidenced by That the yearly MFN debate should rights, and the rule of law in China is a rash of recent crackdowns in Tibet be scrapped seems evident from an ex- through continued and reliable eco- and Xinjiang. They are actively pursu- amination of its relative pros and cons. nomic contacts. I think anybody who ing the purchase of Russian SS–18 What is gained by the annual debate? has been to China, especially over the ICBMs and MIRV technology. They Aside from an opportunity for some in course of the last 15 years, has seen have laid claim to the vast majority of Congress to air their grievances with that for themselves—most dramati- the South China Sea, to the consterna- the PRC, not much. What is lost, on cally in southern and eastern China. It tion of five other claimant countries. the other hand? Quite a bit. is clear that economic development They have conducted a series of aggres- First, the debate regularly disrupts and contact with the West through sive and inflammatory military exer- our bilateral relationship by making trade has let a genie out of the bottle cises this year off the coast of Taiwan. the Chinese feel unfairly singled out, that the regime in Beijing will never be But despite all these issues, the rev- and not without reason. Most favored able to put back. We must continue to ocation of China’s MFN status is not a nation is a misnomer. Although the encourage that trend as we turn the constructive remedy. It is high time phrase implies some special treatment corner to a new century. that scrap this annual ritual, and re- that the Uunited States passes out The whole MFN renewal issue is an place it with a more thoughtful and discriminately, it is actually the nor- outdated relic of the cold war—a war pragmatic approach that builds on our mal trading status with all our trade that’s over. The Jackson-Vanik amend- efforts, rather than tears at this impor- partners. Only seven countries, the ma- ment, the basis for the yearly MFN re- tant relationship. I was glad to see dur- jority of which we consider pariah newal requirement, was not designed ing the latest debate that acceptance states, are not accorded that status: with China in mind and was not cre- of this position seems to be growing Afghanistan, Azerbaijan, Cuba, Laos, ated as a way to better a country’s among Members of Congress. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10405 Madam President, while it is too late Estimates are being drawn now of ble to employing offices and employees other in this legislative year to take up the how much disaster assistance will be than those offices and employees of the issue in the Congress, I hope that be- needed. I am hopeful that money we House and the Senate. As of the date of this fore we go through this dance again have already appropriated will cover Notice, the Senate has yet to approve the 220(d) regulations for itself or to act on H. next year that Members from both the damage, however, the damages may Con. Res. 207. sides of the aisle, from all the relevant be so great, particularly with respect The Board understands passage of H. Res. committees, can sit down and formu- to crop damage, that more could be 504 to constitute approval under section late an alternative. The upcoming pe- needed. 304(c) of the CAA of the Board’s section riod after our sine die adjournment I thank Majority Leader LOTT for his 220(d) regulations as applicable to employing would be a perfect time to do so. commitment to move any legislation offices and covered employees of the House f that would provide for additional fund- (other than those House offices expressly ing. listed in section 220(e)(2)). Accordingly, pur- HURRICANE FRAN suant to section 304(d) of the CAA, the Board Also, I have spoken with James Lee submits these regulations to the Speaker of Mr. FAIRCLOTH. Madam President, Witt and with Secretary of Agriculture a week ago today, hurricane Fran dev- the House of Representatives and the Presi- Dan Glickman, and both have assured dent pro tempore of the Senate for issuance astated my home State of North Caro- me that they will be as helpful as pos- by publication in the Congressional Record. lina. sible. Pursuant to paragraph (3) of section 304(d) Last Thursday, after the last Senate Finally, Madam President, my office of the CAA, the Board finds good cause for vote, I drove down to North Carolina and I am sure all the North Carolina advancing the effective date of the House and was there for the storm. I have delegation offices stand ready to help regulations from 60 days after their issuance viewed first hand much of the damage to October 1, 1996. That date corresponds our citizens. I have dispatched more with the effective date of application of CAA to my State. staff to Raleigh to deal with the influx The damage has been far worse and section 220 to the Congress. The Board finds of citizens that will need our help. If more widespread than anyone would that the effective implementation of the they need help, my office stands ready have imagined. CAA is furthered by making these regula- Madam President, first, I want to to assist the clean-up effort. tions effective for the House on that effective date rather than allowing the default congratulate the people of North Caro- Madam President, again, I want to praise the people of North Carolina for provisions of the CAA contained in section lina for their handling of this storm. 411 and the derivative regulations of the ex- I have found that in times of crisis, their determination in this crisis. And, I want to extend my personal sorrow, ecutive branch to control the administration the American people, like no other peo- of the statute during the sixty day period ple in the world, rise to the occasion to and I am sure the Senate’s sorrow for otherwise required by section 304(d)(3) of the tackle their own problems. the families of the 21 North Carolinians CAA. The people deserved to be congratu- who died as a result of this storm. Signed at Washington, D.C. on this 10th lated first and foremost. f day of September, 1996. Second, Madam President, I want to GLEN D. NAGER, NOTICE OF ISSUANCE OF FINAL thank the thousands of volunteers, na- Chair of the Board, Office of Compliance. REGULATIONS tional guardsmans and those from Accordingly, the Board of Directors of the Mr. THURMOND. Mr. President, pur- Office of Compliance hereby issues the fol- other States who are helping with our lowing final regulations: clean-up effort. And, I want to thank suant to section 304(d) of the Congres- [Final Regulations] the public employees who are on the sional Accountability Act of 1995 (2 scene helping our State cope with this U.S.C. sec. 1384(d)), a notice of issuance Subchapter C disaster. of final regulations was submitted by 2420 Purpose and scope The storm has been devastating in the Office of Compliance, U.S. Con- 2421 Meaning of terms as used in this sub- the fact that it has left hundreds of gress. The notice contains final regula- chapter tions related to Federal service labor- 2422 Representation proceedings thousands of people without elec- 2423 Unfair labor practice proceedings tricity. Today, over 100,000 people are management relations (Regulations 2424 Expedited review of negotiability is- still without power. Electricity is a under section 220(d) of the Congres- sues modern convenience that we often take sional Accountability Act.) 2425 Review of arbitration awards for granted, but the power outages The Congressional Accountability 2426 National consultation rights and con- have been the most difficult of all the Act requires this notice be printed in sultation rights on Government-wide problems. the CONGRESSIONAL RECORD, therefore I rules or regulations I have urged the Federal Emergency ask unanimous consent that the notice 2427 General statements of policy or guidance be printed in the RECORD. Management Agency to allow two key 2428 Enforcement of Assistant Secretary power plants to resume operations as There being no objection, the notice standards of conduct decisions and or- soon as possible. I am told that they was ordered to be printed in the ders have granted this authority. I think RECORD, as follows: 2429 Miscellaneous and general require- this will help the situation immensely. OFFICE OF COMPLIANCE—THE CONGRESSIONAL ments Madam President, the storm has also ACCOUNTABILITY ACT OF 1995: EXTENSION OF Subchapter D RIGHTS, PROTECTIONS AND RESPONSIBILITIES left, maybe a billion dollars in prop- 2470 General UNDER CHAPTER 71 OF TITLE 5, UNITED erty and agriculture damage. North 2471 Procedures of the Board in impasse STATES CODE, RELATING TO FEDERAL SERV- Carolinians are proud of the fact that proceedings ICE LABOR-MANAGEMENT RELATIONS (REGU- they can solve their own problems. LATIONS UNDER SECTION 220(D) OF THE CON- Subchapter C But, the damage may be insurmount- GRESSIONAL ACCOUNTABILITY ACT) PART 2420—PURPOSE AND SCOPE able without the Federal Government’s NOTICE OF ISSUANCE OF FINAL REGULATIONS § 2420.1 Purpose and scope help. Madam President, in recent years, we On July 9, 1996, the Board of Directors of The regulations contained in this sub- have had a number of natural disasters the Office of Compliance adopted and subchapter are designed to implement the provi- mitted for publication in the Congressional sions of chapter 71 of title 5 of the United in the United States. This has lead to a Record final regulations implementing sec- States Code, as applied by section 220 of the sharp increase in the amount of disas- tion 220(d) of the Congressional Accountabil- Congressional Accountability Act (CAA). ter costs to the Federal Government. ity Act of 1995 (CAA), which extends to the They prescribe the procedures, basic prin- Madam President, I think it is fair to Congress certain rights, protections, and re- ciples or criteria under which the Board and say that the Government’s money sponsibilities under chapter 71 of title 5, the General Counsel, as applicable, will: should be spent wisely, therefore, I United States Code, relating to Federal serv- (a) Determine the appropriateness of units would hope that the private sector, in- ice labor-management relations. On August for labor organization representation under 5 surance companies, and our lending in- 2, 1996, the House agreed both to H. Res. 504, U.S.C. 7112, as applied by the CAA; to provide for the approval of final regula- (b) Supervise or conduct elections to deter- stitutions, will do all that they can so tions that are applicable to the employing mine whether a labor organization has been that we can limit the cost of the clean- offices and covered employees of the House, selected as an exclusive representative by a up burden that will be placed on the and to H. Con. Res. 207, to provide for ap- majority of the employees in an appropriate taxpayer. proval of final regulations that are applica- unit and otherwise administer the provisions S10406 CONGRESSIONAL RECORD — SENATE September 12, 1996 of 5 U.S.C. 7111, as applied by the CAA, relat- (2) Whose employment in an employing of- (i) The term ‘‘supervisor’’ means an indi- ing to the according of exclusive recognition fice has ceased because of any unfair labor vidual employed by an employing office hav- to labor organizations; practice under section 7116 of title 5 of the ing authority in the interest of the employ- (c) Resolve issues relating to the granting United States Code, as applied by the CAA, ing office to hire, direct, assign, promote, re- of national consultation rights under 5 and who has not obtained any other regular ward, transfer, furlough, layoff, recall, sus- U.S.C. 7113, as applied by the CAA; and substantially equivalent employment as pend, discipline, or remove employees, to ad- (d) Resolve issues relating to determining determined under regulations prescribed by just their grievances, or to effectively rec- compelling need for employing office rules the Board, but does not include— ommend such action, if the exercise of the and regulations under 5 U.S.C. 7117(b), as ap- (i) An alien or noncitizen of the United authority is not merely routine or clerical in plied by the CAA; States who occupies a position outside of the nature, but requires the consistent exercise (e) Resolve issues relating to the duty to United States; of independent judgment, except that, with bargain in good faith under 5 U.S.C. 7117(c), (ii) A member of the uniformed services; respect to any unit which includes fire- as applied by the CAA; (iii) A supervisor or a management official fighters or nurses, the term ‘‘supervisor’’ in- (f) Resolve issues relating to the granting or; cludes only those individuals who devote a of consultation rights with respect to condi- (iv) Any person who participates in a preponderance of their employment time to tions of employment under 5 U.S.C. 7117(d), strike in violation of section 7311 of title 5 of exercising such authority. as applied by the CAA; the United States Code, as applied the CAA. (j) The term ‘‘management official’’ means (g) Conduct hearings and resolve com- (3) For the purpose of determining the ade- an individual employed by an employing of- plaints of unfair labor practices under 5 quacy of a showing of interest or eligibility fice in a position the duties and responsibil- U.S.C. 7118, as applied by the CAA; for consultation rights, except as required by ities of which require or authorize the indi- (h) Resolve exceptions to arbitrators’ law, applicants for employment and former vidual to formulate, determine, or influence awards under 5 U.S.C. 7122, as applied by the employees are not considered employees. the policies of the employing office. CAA; and (c) The term ‘‘employing office’’ means— (k) The term ‘‘collective bargaining’’ (i) Take such other actions as are nec- (1) The personal office of a Member of the means the performance of the mutual obliga- essary and appropriate effectively to admin- House of Representatives or of a Senator; tion of the representative of an employing (2) A committee of the House of Represent- ister the provisions of chapter 71 of title 5 of office and the exclusive representative of atives or the Senate or a joint committee; the United States Code, as applied by the employees in an appropriate unit in the em- (3) Any other office headed by a person CAA. ploying office to meet at reasonable times with the final authority to appoint, hire, dis- and to consult and bargain in a good-faith ef- § 2420.2 charge, and set the terms, conditions, or fort to reach agreement with respect to the Notwithstanding any other provisions of privileges of the employment of an employee conditions of employment affecting such em- these regulations, the Board may, in decid- of the House of Representatives or the Sen- ployees and to execute, if requested by either ing an issue, add to, delete from or modify ate; or party, a written document incorporating any otherwise applicable requirements as the (4) The Capitol Guide Board, the Capitol collective bargaining agreement reached, but Board deems necessary to avoid a conflict of Police Board, the Congressional Budget Of- the obligation referred to in this paragraph interest or the appearance of a conflict of in- fice, the Office of the Architect of the Cap- does not compel either party to agree to a terest. itol, the Office of the Attending Physician, proposal or to make a concession. Part 2421—Meaning of Terms as Used in This the Office of Compliance, and the Office of (l) The term ‘‘confidential employee’’ Subchapter Technology Assessment. means an employee who acts in a confiden- (d) The term ‘‘labor organization’’ means tial capacity with respect to an individual Sec. an organization composed in whole or in part who formulates or effectuates management 2421.1 Act; CAA. of employees, in which employees partici- policies in the field of labor-management re- 2421.2 Chapter 71. pate and pay dues, and which has as a pur- lations. 2421.3 General Definitions. pose the dealing with an employing office (m) The term ‘‘conditions of employment’’ 2421.4 National consultation rights; con- concerning grievances and conditions of em- means personnel policies, practices, and sultation rights on Government-wide ployment, but does not include— matters, whether established by rule, regula- rules or regulations; exclusive recogni- (1) An organization which, by its constitution, or otherwise, affecting working condition; unfair labor practices. tion, bylaws, tacit agreement among its tions, except that such term does not include 2421.5 Activity. members, or otherwise, denies membership policies, practices, and matters— 2421.6 Primary national subdivision. because of race, color, creed, national origin, (1) Relating to political activities prohib- 2421.7 Executive Director. sex, age, preferential or nonpreferential civil ited under subchapter III of chapter 73 of 2421.8 Hearing Officer. service status, political affiliation, marital title 5 of the United States Code, as applied 2421.9 Party. status, or disability; by the CAA; 2421.10 Intervenor. (2) An organization which advocates the (2) Relating to the classification of any po- 2421.11 Certification. overthrow of the constitutional form of gov- sition; or 2421.12 Appropriate unit. ernment of the United States; (3) To the extent such matters are specifi- 2421.13 Secret ballot. (3) An organization sponsored by an em- cally provided for by Federal statute. 2421.14 Showing of interest. ploying office; or (n) The term ‘‘professional employee’’ 2421.15 Regular and substantially equiva- (4) An organization which participates in means— lent employment. the conduct or a strike against the Govern- (1) An employee engaged in the perform- 2421.16 Petitioner. ment or any agency thereof or imposes a ance of work— 2421.17 Eligibility Period. duty or obligation to conduct, assist, or par- (i) Requiring knowledge of an advanced 2421.18 Election Agreement. ticipate in such a strike. type in a field of science or learning cus- 2421.19 Affected by Issues raised. (e) The term ‘‘dues’’ means dues, fees, and tomarily acquired by a prolonged course of 2421.20 Determinative challenged ballots. assessments. specialized intellectual instruction and § 2421.1 Act; CAA (f) The term ‘‘Board’’ means the Board of study in an institution of higher learning or Directors of the Office of Compliance. a hospital (as distinguished from knowledge The terms ‘‘Act’’ and ‘‘CAA’’ mean the (g) The term ‘‘collective bargaining agree- acquired by a general academic education, or Congressional Accountability Act of 1995 ment’’ means an agreement entered into as a from an apprenticeship, or from training in (P.L. 104–1, 109 Stat. 3, 2 U.S.C. §§ 1301–1438). result of collective bargaining pursuant to the performance of routine mental, manual, § 2421.2 Chapter 71 the provisions of chapter 71 of title 5 of the mechanical, or physical activities); The term ‘‘chapter 71’’ means chapter 71 of United States Code, as applied by the CAA. (ii) Requiring the consistent exercise of title 5 of the United States Code. (h) The term ‘’grievance’’ means any com- discretion and judgment in its performance; plaint— (iii) Which is predominantly intellectual § 2421.3 General definitions (1) By any employee concerning any mat- and varied in character (as distinguished (a) The term ‘‘person’’ means an individ- ter relating to the employment of the em- from routine mental, manual, mechanical, or ual, labor organization or employing office. ployee; physical work); and (b) Except as noted in subparagraph (3) of (2) By any labor organization concerning (iv) Which is of such character that the this subsection, the term ‘‘employee’’ means any matter relating to the employment of output produced or the result accomplished an individual— any employee; or by such work cannot be standardized in rela- (1) Who is a current employee, applicant (3) By any employee, labor organization, or tion to a given period of time; or for employment, or former employee of: the employing office concerning— (2) An employee who has completed the House of Representatives; the Senate; the (i) The effect or interpretation, or a claim courses of specialized intellectual instruc- Capitol Guide Service; the Capitol Police; of breach, of a collective bargaining agree- tion and study described in subparagraph the Congressional Budget Office; the Office ment; or (1)(i) of this paragraph and is performing re- of the Architect of the Capitol; the Office of (ii) Any claimed violation, misinterpreta- lated work under appropriate direction and the Attending Physician; the Office of Com- tion, or misapplication of any law, rule, or guidance to qualify the employee as a profes- pliance; or the Office of Technology Assess- regulation affecting conditions of employ- sional employee described in subparagraph ment; or ment. (1) of this paragraph. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10407 (o) The term ‘‘exclusive representative’’ lected as the sole representative, in a secret priate unit represented by such exclusive means any labor organization which is cer- ballot election, by a majority of the employ- representative except for failure— tified as the exclusive representative of em- ees in an appropriate unit who cast valid bal- (i) To meet reasonable occupational stand- ployees in an appropriate unit pursuant to lots in an election. ards uniformly required for admission, or section 7111 of title 5 of the United States (d) The term ‘‘unfair labor practices’’ (ii) To tender dues uniformly required as a Code, as applied by the CAA. means— condition of acquiring and retaining mem- (p) The term ‘‘firefighter’’ means any em- (1) Any of the following actions taken by bership. ployee engaged in the performance of work an employing office— § 2421.5 Activity directly connected with the control and ex- (i) Interfering with, restraining, or coerc- The term ‘‘activity’’ means any facility, tinguishment of fires or the maintenance ing any employee in the exercise by the em- organizational entity, or geographical sub- and use of firefighting apparatus and equip- ployee of any right under chapter 71, as ap- division or combination thereof, of any em- ment. plied by the CAA; ploying office. (q) The term ‘‘United States’’ means the 50 (ii) Encouraging or discouraging member- § 2421.6 Primary national subdivision states, the District of Columbia, the Com- ship in any labor organization by discrimina- monwealth of Puerto Rico, Guam, the Virgin tion in connection with hiring, tenure, pro- ‘‘Primary national subdivision’’ of an em- Islands, the Trust Territory of the Pacific Is- motion, or other condition of employment; ploying office means a first-level organiza- lands, and any territory or possession of the (iii) Sponsoring, controlling, or otherwise tional segment which has functions national United States. assisting any labor organization, other than in scope that are implemented in field activi- (r) The term ‘‘General Counsel’’ means the to furnish, upon request, customary and rou- ties. General Counsel of the Office of Compliance. tine services and facilities if the services and § 2421.7 Executive Director. (s) The term ‘‘Assistant Secretary’’ means facilities are also furnished on an impartial ‘‘Executive Director’’ means the Executive the Assistant Secretary of Labor for Labor- basis to other labor organizations having Director of the Office of Compliance. equivalent status; Management Relations. § 2421.8 Hearing officer (iv) Disciplining or otherwise discriminat- § 2421.4 National consultation rights; consulta- The term ‘‘Hearing Officer’’ means any in- tion rights on Government-wide rules or reg- ing against an employee because the employee has filed a complaint, affidavit, or pe- dividual designated by the Executive Direc- ulations; exclusive recognition; unfair labor tor to preside over a hearing conducted pur- practices. tition, or has given any information or testimony under chapter 71, as applied by the suant to section 405 of the CAA on matters (a)(1) The term ‘‘national consultation CAA; within the Office’s jurisdiction, including a rights’’ means that a labor organization that (v) Refusing to consult or negotiate in hearing arising in cases under 5 U.S.C. 7116, is the exclusive representative of a substan- good faith with a labor organization as re- as applied by the CAA, and any other such tial number of the employees of the employ- quired by chapter 71, as applied by the CAA; matters as may be assigned. ing office, as determined in accordance with (vi) Failing or refusing to cooperate in im- § 2421.9 Party criteria prescribed by the Board, shall— passe procedures and impasse decisions as re- (i) Be informed of any substantive change The term ‘‘party’’ means: quired by chapter 71, as applied by the CAA; (a) Any labor organization, employing of- in conditions of employment proposed by the (vii) Enforcing any rule or regulation fice or employing activity or individual fil- employing office; and (other than a rule or regulation implement- (ii) Be permitted reasonable time to ing a charge, petition, or request; ing section 2302 of this title) which is in con- (b) Any labor organization or employing present its views and recommendations re- flict with any applicable collective bargain- office or activity garding the changes. ing agreement if the agreement was in effect (1) Named as (2) National consultation rights shall ter- before the date the rule or regulation was (i) A charged party in a charge, minate when the labor organization no prescribed; or (ii) A respondent in a complaint, or longer meets the criteria prescribed by the (viii) Otherwise failing or refusing to com- (iii) An employing office or activity or an Board. Any issue relating to any labor orga- ply with any provision of chapter 71, as ap- incumbent labor organization in a petition; nization’s eligibility for, or continuation of, plied by the CAA; (2) Whose intervention in a proceeding has national consultation rights shall be subject (2) Any of the following actions taken by a been permitted or directed by the Board; or to determination by the Board. labor organization— (3) Who participated as a party (b)(1) The term ‘‘consultation rights on (i) Interfering with, restraining, or coerc- (i) In a matter that was decided by an em- Government-wide rules or regulations’’ ing any employee in the exercise by the employing office head under 5 U.S.C. 7117, as ap- means that a labor organization which is the ployee of any right under this chapter; plied by the CAA, or exclusive representative of a substantial (ii) Causing or attempting to cause an em- (ii) In a matter where the award of an arbi- number of employees of an employing office ploying office to discriminate against any trator was issued; and determined in accordance with criteria pre- employee in the exercise by the employee of (c) The General Counsel, or the General scribed by the Board, shall be granted con- any right under this chapter; Counsel’s designated representative, in ap- sultation rights by the employing office with (iii) Coercing, disciplining, fining, or at- propriate proceedings. respect to any Government-wide rule or reg- tempting to coerce a member of the labor or- § 2421.10 Intervenor ulation issued by the employing office ganization as punishment, reprisal, or for The term ‘‘intervenor’’ means a party in a effecting any substantive change in any con- the purpose of hindering or impeding the proceeding whose intervention has been per- dition of employment. Such consultation member’s work performance or productivity mitted or directed by the Board, its agents rights shall terminate when the labor orga- as an employee or the discharge of the mem- or representatives. nization no longer meets the criteria pre- ber’s duties as an employee; scribed by the Board. Any issue relating to a (iv) Discriminating against an employee § 2421.11 Certification labor organization’s eligibility for, or con- with regard to the terms or conditions of The term ‘‘certification’’ means the deter- tinuation of, such consultation rights shall membership in the labor organization on the mination by the Board, its agents or rep- be subject to determination by the Board. basis of race, color, creed, national origin, resentatives, of the results of an election, or (2) A labor organization having consulta- sex, age, preferential or nonpreferential civil the results of a petition to consolidate exist- tion rights under paragraph (1) of this sub- service status, political affiliation, marital ing exclusively recognized units. section shall— status, or disability; § 2421.12 Appropriate unit (i) Be informed of any substantive change (v) Refusing to consult or negotiate in The term ‘‘appropriate unit’’ means that in conditions of employment proposed by the good faith with an employing office as re- grouping of employees found to be appro- employing office; and quired by chapter 71, as applied by the CAA; priate for purposes of exclusive recognition (ii) shall be permitted reasonable time to (vi) Failing or refusing to cooperate in im- under 5 U.S.C. 7111, as applied by the CAA, present its views and recommendations re- passe procedures and impasse decisions as re- and for purposes of allotments to representa- garding the changes. quired by chapter 71, as applied by the CAA; tives under 5 U.S.C. 7115(c), as applied by the (3) If any views or recommendations are (vii)(A) Calling, or participating in, a CAA, and consistent with the provisions of 5 presented under paragraph (2) of this sub- strike, work stoppage, or slowdown, or pick- U.S.C. 7112, as applied by the CAA. section to an employing office by any labor eting of an employing office in a labor-man- organization— agement dispute if such picketing interferes § 2421.13 Secret ballot (i) The employing office shall consider the with an employing office’s operations; or The term ‘‘secret ballot’’ means the ex- views or recommendations before taking (B) Condoning any activity described in pression by ballot, voting machine or other- final action on any matter with respect to subparagraph (A) of this paragraph by failing wise, but in no event by proxy, of a choice which the views or recommendations are pre- to take action to prevent or stop such activ- with respect to any election or vote taken sented; and ity; or upon any matter, which is cast in such a (ii) The employing office shall provide the (viii) Otherwise failing or refusing to com- manner that the person expressing such labor organization a written statement of ply with any provision of chapter 71, as ap- choice cannot be identified with the choice the reasons for taking the final action. plied by the CAA; expressed, except in that instance in which (c) The term ‘‘exclusive recognition’’ (3) Denial of membership by an exclusive any determinative challenged ballot is means that a labor organization has been se- representative to any employee in the appro- opened. S10408 CONGRESSIONAL RECORD — SENATE September 12, 1996 § 2421.14 Showing of interest 2422.17 Notice of pre-election investigatory (3) The name and mailing address for each The term ‘‘showing of interest’’ means evi- hearing and prehearing conference. labor organization affected by issues raised dence of membership in a labor organization; 2422.18 Pre-election investigatory hearing in the petition, including street number, employees’ signed and dated authorization procedures. city, state and zip code. If a labor organiza- cards or petitions authorizing a labor organi- 2422.19 Motions. tion is affiliated with a national organiza- zation to represent them for purposes of ex- 2422.20 Rights of parties at a pre-election tion, the local designation and the national clusive recognition; allotment of dues forms investigatory hearing. affiliation should both be included. If a labor executed by an employee and the labor orga- 2422.21 Duties and powers of the Executive organization is an exclusive representative nization’s authorized official; current dues Director in the conduct of the pre-elec- of any of the employees affected by issues records; an existing or recently expired tion investigatory hearing. raised in the petition, the date of the certifi- agreement; current certification; employees’ 2422.22 Objections to the conduct of the pre- cation and the date any collective bargain- signed and dated petitions or cards indicat- election investigatory hearing. ing agreement covering the unit will expire ing that they no longer desire to be rep- 2422.23 Election procedures. or when the most recent agreement did ex- resented for the purposes of exclusive rec- 2422.24 Challenged ballots. pire should be included, if known. ognition by the currently certified labor or- 2422.25 Tally of ballots. (4) The name, mailing address and work ganization; employees’ signed and dated pe- 2422.26 Objections to the election. telephone number of the contact person for titions or cards indicating a desire that an 2422.27 Determinative challenged ballots each labor organization affected by issues election be held on a proposed consolidation and objections. raised in the petition. (5) The name and mailing address for the of units; or other evidence approved by the 2422.28 Runoff elections. petitioner, including street number, city, Board. 2422.29 Inconclusive elections. state and zip code. If a labor organization pe- § 2421.15 Regular and substantially equivalent 2422.30 Executive Director investigations, notices of pre-election investigatory titioner is affiliated with a national organi- employment zation, the local designation and the na- hearings, and actions; Board Decisions The term ‘‘regular and substantially equiv- tional affiliation should both be included. and Orders. alent employment’’ means employment that (6) A description of the unit(s) affected by entails substantially the same amount of 2422.31 Application for review of an Execu- issues raised in the petition. The description work, rate of pay, hours, working conditions, tive Director action. should generally indicate the geographic lo- location of work, kind of work, and seniority 2422.32 Certifications and revocations. cations and the classifications of the em- rights, if any, of an employee prior to the 2422.33 Relief obtainable under Part 2423. ployees included (or sought to be included) cessation of employment in an employing of- 2422.34 Rights and obligations during the in, and excluded (or sought to be excluded) fice because of any unfair labor practice pendency of representation proceed- from, the unit. under 5 U.S.C. 7116, as applied by the CAA. ings. (7) The approximate number of employees § 2421.16 Petitioner § 2422.1 Purposes of a petition in the unit(s) affected by issues raised in the Petitioner means the party filing a peti- A petition may be filed for the following petition. (8) A clear and concise statement of the is- tion under Part 2422 of this Subchapter. purposes: sues raised by the petition and the results § 2421.17 Eligibility period (a) Elections or Eligibility for dues allotment. To request: the petitioner seeks. The term ‘‘eligibility period’’ means the (1) (i) An election to determine if employ- (9) A declaration by the person signing the payroll period during which an employee ees in an appropriate unit wish to be rep- petition, under the penalties of the Criminal must be in an employment status with an resented for the purpose of collective bar- Code (18 U.S.C. 1001), that the contents of the employing office or activity in order to be el- gaining by an exclusive representative; and/ petition are true and correct to the best of igible to vote in a representation election the person’s knowledge and belief. or under Part 2422 of this Subchapter. (10) The signature, title, mailing address (ii) A determination of eligibility for dues and telephone number of the person filing § 2421.18 Election agreement allotment in an appropriate unit without an The term ‘‘election agreement’’ means an the petition. exclusive representative; or (b) Compliance with 5 U.S.C. 7111(e), as ap- agreement under Part 2422 of this Sub- (2) An election to determine if employees plied by the CAA. A labor organization/peti- chapter signed by all the parties, and ap- in a unit no longer wish to be represented for tioner complies with 5 U.S.C. 7111(e), as approved by the Board, the Executive Director, the purpose of collective bargaining by an plied by the CAA, by submitting to the em- or any other individual designated by the exclusive representative. ploying office or activity and to the Depart- Board, concerning the details and procedures (3) Petitions under this subsection must be ment of Labor a roster of its officers and rep- of a representation election in an appro- accompanied by an appropriate showing of resentatives, a copy of its constitution and priate unit. interest. bylaws, and a statement of its objectives. By § 2421.19 Affected by issues raised (b) Clarification or Amendment. To clarify, signing the petition form, the labor organi- The phrase ‘‘affected by issues raised’’, as and/or amend: zation/petitioner certifies that it has submit- used in Part 2422, should be construed broad- (1) A certification then in effect; and/or ted these documents to the employing activ- ly to include parties and other labor organi- (2) Any other matter relating to represen- ity or office and to the Department of Labor. zations, or employing offices or activities tation. (c) Showing of interest supporting a represen- that have a connection to employees affected (c) Consolidation. To consolidate two or tation petition. When filing a petition requir- by, or questions presented in, a proceeding. more units, with or without an election, in ing a showing of interest, the petitioner § 2421.20 Determinative challenged ballots an employing office and for which a labor or- must: ganization is the exclusive representative. (1) So indicate on the petition form; ‘‘Determinative challenged ballots’’ are § 2422.2 Standing to file a petition (2) Submit with the petition a showing of challenges that are unresolved prior to the interest of not less than thirty percent (30%) A representation petition may be filed by: tally and sufficient in number after the tally of the employees in the unit involved in the to affect the results of the election. an individual; a labor organization; two or petition; and Part 2422—Representation Proceedings more labor organizations acting as a joint- (3) Include an alphabetical list of the petitioner; an individual acting on behalf of Sec. names constituting the showing of interest. any employee(s); an employing office or ac- 2422.1 Purposes of a petition. (d) Petition seeking dues allotment. When tivity; or a combination of the above: pro- 2422.2 Standing to file a petition. there is no exclusive representative, a peti- vided, however, that (a) only a labor organiza- 2422.3 Contents of a petition. tion seeking certification for dues allotment tion has standing to file a petition pursuant 2422.4 Service requirements. shall be accompanied by a showing of mem- to section 2422.1(a)(1); (b) only an individual 2422.5 Filing petitions. bership in the petitioner of not less than ten has standing to file a petition pursuant to 2422.6 Notification of filing. percent (10%) of the employees in the unit section 2422.1(a)(2); and (c) only an employ- 2422.7 Posting notice of filing of a petition. claimed to be appropriate. An alphabetical ing office or a labor organization may file a 2422.8 Intervention and cross-petitions. list of names constituting the showing of petition pursuant to section 2422.1(b) or (c). 2422.9 Adequacy of showing of interest. membership must be submitted. 2422.10 Validity of showing of interest. § 2422.3 Contents of a petition § 2422.4 Service requirements 2422.11 Challenge to the status of a labor or- (a) What to file. A petition must be filed on Every petition, motion, brief, request, ganization. a form prescribed by the Board and contain challenge, written objection, or application 2422.12 Timeliness of petitions seeking an the following information: for review shall be served on all parties af- election. (1) The name and mailing address for each fected by issues raised in the filing. The serv- 2422.13 Resolution of issues raised by a peti- employing office or activity affected by is- ice shall include all documentation in sup- tion. sues raised in the petition, including street port thereof, with the exception of a showing 2422.14 Effect of withdrawal/dismissal. number, city, state and zip code. of interest, evidence supporting challenges 2422.15 Duty to furnish information and co- (2) The name, mailing address and work to the validity of a showing of interest, and operate. telephone number of the contact person for evidence supporting objections to an elec- 2422.16 Election agreements or directed each employing office or activity affected by tion. The filer must submit a written state- elections. issues raised in the petition. ment of service to the Executive Director. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10409 § 2422.5 Filing petitions (d) Incumbent. An incumbent exclusive rep- § 2422.12 Timeliness of petitions seeking an elec- (a) Where to file. Petitions must be filed resentative, without regard to the require- tion with the Executive Director. ments of paragraph (c) of this section, will be (a) Election bar. Where there is no certified (b) Number of copies. An original and two (2) considered a party in any representation pro- exclusive representative, a petition seeking copies of the petition and the accompanying ceeding raising issues that affect employees an election will not be considered timely if material must be filed with the Executive the incumbent represents, unless it serves filed within twelve (12) months of a valid Director. the Board, through the Executive Director, election involving the same unit or a sub- (c) Date of filing. A petition is filed when it with a written disclaimer of any representa- division of the same unit. is received by the Executive Director. tion interest in the claimed unit. (b) Certification bar. Where there is a cer- (e) Employing office. An employing office or § 2422.6 Notification of filing tified exclusive representative of employees, activity will be considered a party if any of a petition seeking an election will not be (a) Notification to parties. After a petition is its employees are affected by issues raised in considered timely if filed within twelve (12) filed, the Executive Director, on behalf of the petition. months after the certification of the exclu- the Board, will notify any labor organiza- (f) Employing office or activity intervention. sive representative of the employees in an tion, employing office or employing activity An employing office or activity seeking to appropriate unit. If a collective bargaining that the parties have identified as being af- intervene in any representation proceeding agreement covering the claimed unit is pend- fected by issues raised by the petition, that must submit evidence that one or more em- ing employing office head review under 5 a petition has been filed with the Office. The ployees of the employing office or activity U.S.C. 7114(c), as applied by the CAA, or is in Executive Director, on behalf of the Board, may be affected by issues raised in the peti- effect, paragraphs (c), (d), or (e) of this sec- will also make reasonable efforts to identify tion. tion apply. and notify any other party affected by the is- § 2422.9 Adequacy of showing of interest (c) Bar during employing office head review. sues raised by the petition. (a) Adequacy. Adequacy of a showing of in- A petition seeking an election will not be (b) Contents of the notification. The notifica- terest refers to the percentage of employees considered timely if filed during the period tion will inform the labor organization, em- in the unit involved as required by §§ 2422.3(c) of employing office head review under 5 ploying office or employing activity of: and (d) and 2422.8(c)(1). U.S.C. 7114(c), as applied by the CAA. This (1) The name of the petitioner; (b) Executive Director investigation and ac- bar expires upon either the passage of thirty (2) The description of the unit(s) or em- tion. The Executive Director, on behalf of the (30) days absent employing office head ac- ployees affected by issues raised in the peti- Board, will conduct such investigation as tion, or upon the date of any timely employ- tion; and, deemed appropriate. The Executive Direc- (3) A statement that all affected parties ing office head action. tor’s determination, on behalf of the Board, (d) Contract bar where the contract is for should advise the Executive Director in writ- that the showing of interest is adequate is three (3) years or less. Where a collective bar- ing of their interest in the issues raised in final and binding and not subject to collat- gaining agreement is in effect covering the the petition. eral attack at a representation hearing or on claimed unit and has a term of three (3) § 2422.7 Posting notice of filing of a petition appeal to the Board. If the Executive Direc- years or less from the date it became effec- (a) Posting notice of petition. When appro- tor determines, on behalf of the Board, that tive, a petition seeking an election will be priate, the Executive Director, on behalf of a showing of interest is inadequate, the Ex- considered timely if filed not more than one the Board, after the filing of a representa- ecutive Director will dismiss the petition, or hundred and five (105) and not less than sixty tion petition, will direct the employing of- deny a request for intervention. (60) days prior to the expiration of the agree- fice or activity to post copies of a notice to § 2422.10 Validity of showing of interest ment. all employees in places where notices are (a) Validity. Validity questions are raised (e) Contract bar where the contract is for normally posted for the employees affected by challenges to a showing of interest on more than three (3) years. Where a collective by issues raised in the petition and/or dis- grounds other than adequacy. bargaining agreement is in effect covering tribute copies of a notice in a manner by (b) Validity challenge. The Executive Direc- the claimed unit and has a term of more which notices are normally distributed. tor or any party may challenge the validity than three (3) years from the date it became (b) Contents of notice. The notice shall ad- of a showing of interest. effective, a petition seeking an election will vise affected employees about the petition. (c) When and where validity challenges may be considered timely if filed not more than (c) Duration of notice. The notice should be be filed. Party challenges to the validity of a one hundred and five (105) and not less than conspicuously posted for a period of ten (10) showing of interest must be in writing and sixty (60) days prior to the expiration of the days and not be altered, defaced, or covered filed with the Executive Director before the initial three (3) year period, and any time by other material. pre-election investigatory hearing opens, un- after the expiration of the initial three (3) § 2422.8 Intervention and cross-petitions less good cause is shown for granting an ex- year period. (a) Cross-petitions. A cross-petition is a pe- tension. If no pre-election investigatory (f) Unusual circumstances. A petition seek- tition which involves any employees in a hearing is held, challenges to the validity of ing an election or a determination relating unit covered by a pending representation pe- a showing of interest must be filed prior to to representation matters may be filed at tition. Cross-petitions must be filed in ac- action being taken pursuant to § 2422.30. any time when unusual circumstances exist cordance with this subpart. (d) Contents of validity challenges. Chal- that substantially affect the unit or major- (b) Intervention requests and cross-petitions. lenges to the validity of a showing of inter- ity representation. (g) Premature extension. Where a collective A request to intervene and a cross-petition, est must be supported with evidence. bargaining agreement with a term of three accompanied by any necessary showing of in- (e) Executive Director investigation and ac- (3) years or less has been extended prior to terest, must be submitted in writing and tion. The Executive Director, on behalf of the sixty (60) days before its expiration date, the filed with the Executive Director before the Board, will conduct such investigation as extension will not serve as a basis for dismis- pre-election investigatory hearing opens, un- deemed appropriate. The Executive Direc- sal of a petition seeking an election filed in less good cause is shown for granting an ex- tor’s determination, on behalf of the Board, accordance with this section. tension. If no pre-election investigatory that a showing of interest is valid is final (h) Contract requirements. Collective bar- hearing is held, a request to intervene and a and binding and is not subject to collateral gaining agreements, including agreements cross-petition must be filed prior to action attack or appeal to the Board. If the Execu- that go into effect under 5 U.S.C. 7114(c), as being taken pursuant to § 2422.30. tive Director finds, on behalf of the Board, applied by the CAA, and those that auto- (c) Labor organization intervention requests. that the showing of interest is not valid, the matically renew without further action by Except for incumbent intervenors, a labor Executive Director will dismiss the petition the parties, do not constitute a bar to a peti- organization seeking to intervene shall sub- or deny the request to intervene. tion seeking an election under this section mit a statement that it has complied with 5 § 2422.11 Challenge to the status of a labor orga- unless a clear and unambiguous effective U.S.C. 7111(e), as applied by the CAA, and nization date, renewal date where applicable, dura- one of the following: (a) Basis of challenge to labor organization tion, and termination date are ascertainable (1) A showing of interest of ten percent status. The only basis on which a challenge from the agreement and relevant accom- (10%) or more of the employees in the unit to the status of a labor organization may be panying documentation. covered by a petition seeking an election, made is compliance with 5 U.S.C. 7103(a)(4), with an alphabetical list of the names of the as applied by the CAA. § 2422.13 Resolution of issues raised by a petition employees constituting the showing of inter- (b) Format and time for filing a challenge. (a) Meetings prior to filing a representation est; or Any party filing a challenge to the status of petition. All parties affected by the represen- (2) A current or recently expired collective a labor organization involved in the process- tation issues that may be raised in a petition bargaining agreement covering any of the ing of a petition must do so in writing to the are encouraged to meet prior to the filing of employees in the unit affected by issues Executive Director before the pre-election the petition to discuss their interests and raised in the petition; or investigatory hearing opens, unless good narrow and resolve the issues. If requested (3) Evidence that it is or was, prior to a re- cause is shown for granting an extension. If by all parties a representative of the Office organization, the certified exclusive rep- no hearing is held, challenges must be filed will participate in these meetings. resentative of any of the employees affected prior to action being taken pursuant to (b) Meetings to narrow and resolve the issues by issues raised in the petition. § 2422.30. after the petition is filed. After a petition is S10410 CONGRESSIONAL RECORD — SENATE September 12, 1996 filed, the Executive Director may require all method of election, dates, hours, or locations a party seeking a ruling, an order, or relief affected parties to meet to narrow and re- of the election, the Executive Director, on must do so by filing or raising a motion stat- solve the issues raised in the petition. behalf of the Board, will decide election pro- ing the order or relief sought and the § 2422.14 Effect of withdrawal/dismissal cedures and issue a Direction of Election, grounds therefor. Challenges and other fil- without prejudice to the rights of a party to ings referenced in other sections of this sub- (a) Withdrawal/dismissal less than sixty (60) file objections to the procedural conduct of part may, in the discretion of the Executive days before contract expiration. When a peti- the election. Director or her designee, be treated as a motion seeking an election that has been time- (c) Opportunity for an investigatory hearing. tion. ly filed is withdrawn by the petitioner or dis- Before directing an election, the Executive (b) Prehearing motions. Prehearing motions missed by the Executive Director or the Director shall provide affected parties an op- must be filed in writing with the Executive Board less than sixty (60) days prior to the portunity for a pre-election investigatory Director. Any response must be filed with expiration of an existing agreement between hearing on other than procedural matters. the Executive Director within five (5) days the incumbent exclusive representative and (d) Challenges or objections to a directed elec- after service of the motion. The Executive the employing office or activity or any time tion. A Direction of Election issued under Director shall rule on the motion . after the expiration of the agreement, an- (c) Motions made at the investigatory hear- this section will be issued without prejudice other petition seeking an election will not be ing. During the pre-election investigatory to the right of a party to file a challenge to considered timely if filed within a ninety (90) hearing, motions will be made to the Execu- the eligibility of any person participating in day period from either: tive Director or her designee, and may be the election and/or objections to the elec- (1) The date the withdrawal is approved; or oral on the record, unless otherwise required tion. (2) The date the petition is dismissed by in this subpart to be in writing. Responses the Executive Director when no application § 2422.17 Notice of pre-election investigatory may be oral on the record or in writing, but, for review is filed with the Board; or hearing and prehearing conference absent permission of the Executive Director (3) The date the Board rules on an applica- (a) Purpose of notice of an investigatory hear- or her designee, must be provided before the tion for review; or ing. The Executive Director, on behalf of the hearing closes. The Executive Director or (4) The date the Board issues a Decision Board, may issue a notice of pre-election inher designee will rule on motions made at and Order dismissing the petition. vestigatory hearing involving any issues the hearing. Other pending petitions that have been raised in the petition. (d) Posthearing motions. Motions made after timely filed under this Part will continue to (b) Contents. The notice of hearing will ad- the hearing closes must be filed in writing be processed. vise affected parties about the pre-election with the Board. Any response to a (b) Withdrawal by petitioner. A petitioner investigatory hearing. The Executive Direc- posthearing motion must be filed with the who submits a withdrawal request for a peti- tor will also notify affected parties of the is- Board within five (5) days after service of the tion seeking an election that is received by sues raised in the petition and establish a motion. the Executive Director after the notice of date for the prehearing conference. § 2422.20 Rights of parties at a pre-election in- pre-election investigatory hearing issues or (c) Prehearing conference. A prehearing con- vestigatory hearing after approval of an election agreement, ference will be conducted by the Executive (a) Rights. A party at a pre-election inves- whichever occurs first, will be barred from Director or her designee, either by meeting tigatory hearing will have the right: filing another petition seeking an election or teleconference. All parties must partici- (1) To appear in person or by a representa- for the same unit or any subdivision of the pate in a prehearing conference and be pre- tive; unit for six (6) months from the date of the pared to fully discuss, narrow and resolve (2) To examine and cross-examine wit- approval of the withdrawal by the Executive the issues set forth in the notification of the nesses; and Director. prehearing conference. (3) To introduce into the record relevant evidence. (c) Withdrawal by incumbent. When an elec- (d) No interlocutory appeal of investigatory (b) Documentary evidence and stipulations. tion is not held because the incumbent dis- hearing determination. The Executive Direc- Parties must submit two (2) copies of docu- claims any representation interest in a unit, tor’s determination of whether to issue a no- mentary evidence to the Executive Director a petition by the incumbent seeking an elec- tice of pre-election investigatory hearing is or her designee and copies to all other par- tion involving the same unit or a subdivision not appealable to the Board. ties. Stipulations of fact between/among the of the same unit will not be considered time- § 2422.18 Pre-election investigatory hearing parties may be introduced into evidence. ly if filed within six (6) months of cancella- procedures (c) Oral argument. Parties will be entitled tion of the election. (a) Purpose of a pre-election investigatory to a reasonable period prior to the close of § 2422.15 Duty to furnish information and co- hearing. Representation hearings are consid- the hearing for oral argument. Presentation operate ered investigatory and not adversarial. The of a closing oral argument does not preclude (a) Relevant information. After a petition is purpose of the hearing is to develop a full a party from filing a brief under paragraph filed, all parties must, upon request of the and complete record of relevant and material (d) of this section. (d) Briefs. A party will be afforded an op- Executive Director, furnish the Executive facts. portunity to file a brief with the Board. Director and serve all parties affected by is- (b) Conduct of hearing. Pre-election inves- (1) An original and two (2) copies of a brief sues raised in the petition with information tigatory hearings will be open to the public must be filed with the Board within thirty concerning parties, issues, and agreements unless otherwise ordered by the Executive (30) days from the close of the hearing. raised in or affected by the petition. Director or her designee. There is no burden (2) A written request for an extension of (b) Inclusions and exclusions. After a peti- of proof, with the exception of proceedings time to file a brief must be filed with and re- tion seeking an election is filed, the Execu- on objections to elections as provided for in ceived by the Board no later than five (5) tive Director, on behalf of the Board, may di- § 2422.27(b). Formal rules of evidence do not days before the date the brief is due. rect the employing office or activity to fur- apply. (3) No reply brief may be filed without per- nish the Executive Director and all parties (c) Pre-election investigatory hearing. Pre- mission of the Board. affected by issues raised in the petition with election investigatory hearings will be con- § 2422.21 Duties and powers of the Executive Di- a current alphabetized list of employees and ducted by the Executive Director or her des- rector in the conduct of the pre-election in- job classifications included in and/or ex- ignee. vestigatory hearing cluded from the existing or claimed unit af- (d) Production of evidence. Parties have the (a) Duties. The Executive Director or her fected by issues raised in the petition. obligation to produce existing documents designee, on behalf of the Board, will receive (c) Cooperation. All parties are required to and witnesses for the investigatory hearing evidence and inquire fully into the relevant cooperate in every aspect of the representa- in accordance with the instructions of the and material facts concerning the matters tion process. This obligation includes co- Executive Director or her designee. If a that are the subject of the investigatory operating fully with the Executive Director, party willfully fails to comply with such in- hearing, and may make recommendations on submitting all required and requested infor- structions, the Board may draw an inference the record to the Board. mation, and participating in prehearing con- adverse to that party on the issue related to (b) Powers. During the period a case is as- ferences and pre-election investigatory hear- the evidence sought. signed to the Executive Director or her des- ings. The failure to cooperate in the rep- (e) Transcript. An official reporter will ignee for pre-election investigatory hearing resentation process may result in the Execu- make the official transcript of the pre-elec- and prior to the close of the hearing, the Ex- tive Director or the Board taking appro- tion investigatory hearing. Copies of the of- ecutive Director or her designee may take priate action, including dismissal of the peti- ficial transcript may be examined in the Of- any action necessary to schedule, conduct, tion or denial of intervention. fice during normal working hours. Requests continue, control, and regulate the pre-elec- §2422.16 Election agreements or directed elec- by parties to purchase copies of the official tion investigatory hearing, including ruling tions transcript should be made to the official on motions when appropriate. hearing reporter. (a) Election agreements. Parties are encour- § 2422.22 Objections to the conduct of the pre- aged to enter into election agreements. § 2422.19 Motions election investigatory hearing (b) Executive Director directed election. If the (a) Purpose of a motion. Subsequent to the (a) Objections. Objections are oral or writ- parties are unable to agree on procedural issuance of a notice of pre-election investiga- ten complaints concerning the conduct of a matters, specifically, the eligibility period, tory hearing in a representation proceeding, pre-election investigatory hearing. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10411 (b) Exceptions to rulings. There are auto- (i) Supervisors or management officials; (d) Consolidated hearing on objections and/or matic exceptions to all adverse rulings. (ii) Employees who have any official con- determinative challenged ballots and an unfair § 2422.23 Election procedures nection with any of the labor organizations labor practice hearing. When appropriate, and (a) Executive Director conducts or supervises involved; or in accordance with § 2422.33, objections and/or election. The Executive Director, on behalf of (iii) Non-employees of the legislative determinative challenged ballots may be the Board, will decide to conduct or super- branch. consolidated with an unfair labor practice vise the election. In supervised elections, (3) A labor organization may use as its ob- hearing. Such consolidated hearings will be employing offices or activities will perform servers any employees eligible to vote in the conducted by a Hearing Officer. Exceptions all acts as specified in the Election Agree- election, except: and related submissions must be filed with ment or Direction of Election. (i) Employees on leave without pay status the Board and the Board will issue a decision (b) Notice of election. Prior to the election a who are working for the labor organization in accordance with Part 2423 of this chapter notice of election, prepared by the Executive involved; or and section 406 of the CAA, except for the Director, will be posted by the employing of- (ii) Employees who hold an elected office following: fice or activity in places where notices to in the union. (1) Section 2423.18 of this Subchapter con- employees are customarily posted and/or dis- (4) Objections to a request for specific ob- cerning the burden of proof is not applicable; tributed in a manner by which notices are servers must be filed with the Executive Di- (2) The Hearing Officer may not rec- normally distributed. The notice of election rector stating the reasons in support within ommend remedial action to be taken or no- will contain the details and procedures of the five (5) days after service of the request. tices to be posted; and, election, including the appropriate unit, the (5) The Executive Director’s ruling on re- (3) References to ‘‘charge’’ and ‘‘com- eligibility period, the date(s), hour(s) and lo- quests for and objections to observers is final plaint’’ in Part 2423 of this chapter will be cation(s) of the election, a sample ballot, and and binding and is not subject to the filing of omitted. an application for review with the Board. the effect of the vote. § 2422.28 Runoff elections (c) Sample ballot. The reproduction of any § 2422.24 Challenged ballots document purporting to be a copy of the offi- (a) When a runoff may be held. A runoff (a) Filing challenges. A party or the Execu- cial ballot that suggests either directly or election is required in an election involving tive Director may, for good cause, challenge indirectly to employees that the Board en- at least three (3) choices, one of which is ‘‘no the eligibility of any person to participate in dorses a particular choice in the election union’’ or ‘‘neither,’’ when no choice receives the election prior to the employee voting. may constitute grounds for setting aside an a majority of the valid ballots cast. However, (b) Challenged ballot procedure. An individ- election if objections are filed under § 2422.26. a runoff may not be held until the objections (d) Secret ballot. All elections will be by se- ual whose eligibility to vote is in dispute to the election and determinative challenged cret ballot. will be given the opportunity to vote a chal- ballots have been resolved. (e) Intervenor withdrawal from ballot. When lenged ballot. If the parties and the Region (b) Eligibility. Employees who were eligible two or more labor organizations are included are unable to resolve the challenged ballot(s) to vote in the original election and who are as choices in an election, an intervening prior to the tally of ballots, the unresolved also eligible on the date of the runoff elec- labor organization may, prior to the ap- challenged ballot(s) will be impounded and tion may vote in the runoff election. proval of an election agreement or before the preserved until a determination can be (c) Ballot. The ballot in the runoff election direction of an election, file a written re- made, if necessary, by the Executive Direc- will provide for a selection between the two quest with the Executive Director to remove tor or the Board. choices receiving the largest and second its name from the ballot. If the request is § 2422.25 Tally of ballots largest number of votes in the election. not received prior to the approval of an elec- (a) Tallying the ballots. When the election is § 2422.29 Inconclusive elections tion agreement or before the direction of an concluded, the Executive Director or her des- (a) Inconclusive elections. An inconclusive election, unless the parties and the Execu- ignee will tally the ballots. tive Director, on behalf of the Board, agree election is one where challenged ballots are (b) Service of the tally. When the tally is not sufficient to affect the outcome of the otherwise, the intervening labor organiza- completed, the Executive Director will serve tion will remain on the ballot. The Executive election and one of the following occurs: the tally of ballots on the parties in accord- (1) The ballot provides for at least three (3) Director’s decision on the request is final ance with the election agreement or direc- and not subject to the filing of an applica- choices, one of which is ‘‘no union’’ or ‘‘nei- tion of election. ther’’ and the votes are equally divided; or tion for review with the Board. (c) Valid ballots cast. Representation will be (f) Incumbent withdrawal from ballot in an (2) The ballot provides for at least three (3) determined by the majority of the valid bal- choices, the choice receiving the highest election to decertify an incumbent representa- lots cast. tive. When there is no intervening labor orga- number of votes does not receive a majority, nization, an election to decertify an incum- § 2422.26 Objections to the election and at least two other choices receive the bent exclusive representative will not be (a) Filing objections to the election. Objec- next highest and same number of votes; or held if the incumbent provides the Executive tions to the procedural conduct of the elec- (3) When a runoff ballot provides for a Director with a written disclaimer of any tion or to conduct that may have improperly choice between two labor organizations and representation interest in the unit. When affected the results of the election may be results in the votes being equally divided; or there is an intervenor, an election will be filed by any party. Objections must be filed (4) When the Board determines that there held if the intervening labor organization and received by the Executive Director with- have been significant procedural irregular- proffers a thirty percent (30%) showing of in- in five (5) days after the tally of ballots has ities. terest within the time period established by been served. Any objections must be timely (b) Eligibility to vote in a rerun election. A the Executive Director. regardless of whether the challenged ballots current payroll period will be used to deter- (g) Petitioner withdraws from ballot in an are sufficient in number to affect the results mine eligibility to vote in a rerun election. election. When there is no intervening labor of the election. The objections must be sup- (c) Ballot. If a determination is made that organization, an election will not be held if ported by clear and concise reasons. An the election is inconclusive, the election will the petitioner provides the Executive Direc- original and two (2) copies of the objections be rerun with all the choices that appeared tor with a written request to withdraw the must be received by the Executive Director. on the original ballot. petition. When there is an intervenor, an (b) Supporting evidence. The objecting party (d) Number of reruns. There will be only one election will be held if the intervening labor must file with the Executive Director evi- rerun of an inconclusive election. If the organization proffers a thirty percent (30%) dence, including signed statements, docu- rerun results in another inconclusive elec- showing of interest within the time period ments and other materials supporting the tion, the tally of ballots will indicate a ma- established by the Executive Director. objections within ten (10) days after the ob- jority of valid ballots has not been cast for (h) Observers. All parties are entitled to jections are filed. any choice and a certification of results will representation at the polling location(s) by § 2422.27 Determinative challenged ballots and be issued. If necessary, a runoff may be held observers of their own selection subject to objections when an original election is rerun. the Executive Director’s approval. § 2422.30 Executive director investigations, no- (1) Parties desiring to name observers must (a) Investigation. The Executive Director, tices of pre-election investigatory hearings, file in writing with the Executive Director a on behalf of the Board, will investigate ob- and actions; board decisions and orders request for specifically named observers at jections and/or determinative challenged bal- least fifteen (15) days prior to an election. lots that are sufficient in number to affect (a) Executive Director investigation. The Ex- The Executive Director may grant an exten- the results of the election. ecutive Director, on behalf of the Board, will sion of time for filing a request for specifi- (b) Burden of proof. A party filing objec- make such investigation of the petition and cally named observers for good cause where tions to the election bears the burden of any other matter as the Executive Director a party requests such an extension or on the proof by a preponderance of the evidence deems necessary. Executive Director’s own motion. The re- concerning those objections. However, no (b) Executive Director notice of pre-election quest must name and identify the observers party bears the burden of proof on chal- investigatory hearing. On behalf of the Board, requested. lenged ballots. the Executive Director will issue a notice of (2) An employing office or activity may use (c) Executive Director action. After inves- pre-election investigatory hearing to inquire as its observers any employees who are not tigation, the Executive Director will take into any matter about which a material eligible to vote in the election, except: appropriate action consistent with § 2422.30. issue of fact exists, where there is an issue as S10412 CONGRESSIONAL RECORD — SENATE September 12, 1996 to whether a question concerning representa- other parties and a statement of service 2423.2 Informal proceedings. tion exists, and any time there is reasonable must be filed with the Board. 2423.3 Who may file charges. cause to believe a question exists regarding (e) Executive Director action becomes the 2423.4 Contents of the charge; supporting unit appropriateness. Board’s action. An action of the Executive Di- evidence and documents. (c) Executive Director action. After inves- rector becomes the action of the Board when: 2423.5 Selection of the unfair labor practice tigation and/or hearing, when a pre-election (1) No application for review is filed with procedure or the negotiability proce- investigatory hearing has been ordered, the the Board within sixty (60) days after the dure. Executive Director may, on behalf of the date of the Executive Director’s action; or 2423.6 Filing and service of copies. Board, approve an election agreement, dis- (2) A timely application for review is filed 2423.7 Investigation of charges. miss a petition or deny intervention where with the Board and the Board does not un- 2423.8 Amendment of charges. there is an inadequate or invalid showing of dertake to grant review of the Executive Di- 2423.9 Action by the General Counsel. interest, or dismiss a petition where there is rector’s action within sixty (60) days of the 2423.10 Determination not to file complaint. an undisputed bar to further processing of filing of the application; or 2423.11 Settlement or adjustment of issues. the petition under law, rule or regulation. (3) The Board denies an application for re- 2423.12 Filing and contents of the com- (d) Appeal of Executive Director action. A view of the Executive Director’s action. plaint. party may file with the Board an application (f) Board grant of review and stay. The 2423.13 Answer to the complaint. for review of an Executive Director action Board may rule on the issue(s) in an applica- 2423.14 Prehearing disclosure; conduct of taken pursuant to section (c) above. tion for review in its order granting the ap- hearing. (e) Contents of the Record. When no pre- plication for review. Neither filing nor 2423.15 Intervention. election investigatory hearing has been con- granting an application for review shall stay 2423.16 [Reserved] ducted all material submitted to and consid- any action ordered by the Executive Director 2423.17 [Reserved] ered by the Executive Director during the in- unless specifically ordered by the Board. 2423.18 Burden of proof before the Hearing vestigation becomes a part of the record. (g) Briefs if review is granted. If the Board Officer. When a pre-election investigatory hearing does not rule on the issue(s) in the applica- 2423.19 Duties and powers of the Hearing Of- has been conducted, the transcript and all tion for review in its order granting review, ficer. material entered into evidence, including the Board may, in its discretion, afford the 2423.20 [Reserved] any posthearing briefs, become a part of the parties an opportunity to file briefs. The 2423.21 [Reserved] record. briefs will be limited to the issue(s) ref- 2423.22 [Reserved] (f) Transfer of record to Board; Board Deci- erenced in the Board’s order granting review. 2423.23 [Reserved] sions and Orders. In cases that are submitted § 2422.32 Certifications and revocations 2423.24 [Reserved] to the Board for decision in the first in- (a) Certifications. The Executive Director, 2423.25 [Reserved] stance, the Board shall decide the issues pre- on behalf of the Board, will issue an appro- 2423.26 Hearing Officer decisions; entry in sented based upon the record developed by priate certification when: records of the Office. the Executive Director, including the tran- (1) After an election, runoff, or rerun, 2423.27 Appeal to the Board. script of the pre-election investigatory hear- (i) No objections are filed or challenged 2423.28 [Reserved] ing, if any, documents admitted into the ballots are not determinative, or 2423.29 Action by the Board. record and briefs and other approved submis- (ii) Objections and determinative chal- 2423.30 Compliance with decisions and or- sions from the parties. The Board may direct lenged ballots are decided and resolved; or ders of the Board. that a secret ballot election be held, issue an (2) The Executive Director takes an action 2423.31 Backpay proceedings. order dismissing the petition, or make such requiring a certification and that action be- § 2423.1 Applicability of this part other disposition of the matter as it deems comes the action of the Board under This part is applicable to any charge of al- appropriate. § 2422.31(e) or the Board otherwise directs the leged unfair labor practices occurring on or § 2422.31 Application for review of an executive issuance of a certification. after October 1, 1996. director action (b) Revocations. Without prejudice to any § 2423.2 Informal proceedings (a) Filing an application for review. A party rights and obligations which may exist under the CAA, the Executive Director, on behalf (a) The purposes and policies of chapter 71, must file an application for review with the as applied by the CAA, can best be achieved of the Board, will revoke a recognition or Board within sixty (60) days of the Executive by the cooperative efforts of all persons cov- certification, as appropriate, and provide a Director’s action. The sixty (60) day time ered by the program. To this end, it shall be written statement of reasons when an in- limit provided for in 5 U.S.C. 7105(f), as ap- the policy of the Board and the General cumbent exclusive representative files, dur- plied by the CAA, may not be extended or Counsel to encourage all persons alleging un- waived. ing a representation proceeding, a disclaimer fair labor practices and persons against (b) Contents. An application for review of any representational interest in the unit. whom such allegations are made to meet must be sufficient to enable the Board to § 2422.33 Relief obtainable under Part 2423 and, in good faith, attempt to resolve such rule on the application without recourse to Remedial relief that was or could have matters prior to the filing of unfair labor the record; however, the Board may, in its been obtained as a result of a motion, objec- practice charges. discretion, examine the record in evaluating tion, or challenge filed or raised under this (b) In furtherance of the policy referred to the application. An application must specify subpart, may not be the basis for similar rein paragraph (a) of this section, and noting the matters and rulings to which excep- lief if filed or raised as an unfair labor prac- the 180 day period of limitation set forth in tion(s) is taken, include a summary of evi- tice under Part 2423 of this Chapter: provided, section 220(c)(2) of the CAA, it shall be the dence relating to any issue raised in the ap- however, that related matters may be con- policy of the Board and the General Counsel plication, and make specific reference to solidated for hearing as noted in § 2422.27(d) to encourage the informal resolution of un- page citations in the transcript if a hearing of this subpart. fair labor practice allegations subsequent to the filing of a charge and prior to the filing was held. An application may not raise any § 2422.34 Rights and obligations during the issue or rely on any facts not timely pre- of a complaint by the General Counsel. pendency of representation proceedings (c) In order to afford the parties an oppor- sented to the Executive Director. (a) Existing recognitions, agreements, and ob- tunity to implement the policy referred to in (c) Review. The Board may, in its discre- ligations under the CAA. During the pendency paragraphs (a) and (b) of this section, the in- tion, grant an application for review when of any representation proceeding, parties are vestigation of an unfair labor practice the application demonstrates that review is obligated to maintain existing recognitions, charge by the General Counsel will normally warranted on one or more of the following adhere to the terms and conditions of exist- not commence until the parties have been af- grounds: ing collective bargaining agreements, and forded a reasonable amount of time, not to (1) The decision raises an issue for which fulfill all other representational and bar- exceed fifteen (15) days from the filing of the there is an absence of precedent; gaining responsibilities under the CAA. charge, during which period the parties are (2) Established law or policy warrants re- (b) Unit status of individual employees. Not- urged to attempt to informally resolve the consideration; or, withstanding paragraph (a) of this section unfair labor practice allegation. (3) There is a genuine issue over whether and except as otherwise prohibited by law, a the Executive Director has: § 2423.3 Who may file charges party may take action based on its position (i) Failed to apply established law; An employing office, employing activity, regarding the bargaining unit status of indi- (ii) Committed a prejudicial procedural or labor organization may be charged by any vidual employees, pursuant to 5 U.S.C. error; person with having engaged in or engaging in 7103(a)(2), 7112(b) and (c), as applied by the (iii) Committed a clear and prejudicial any unfair labor practice prohibited under 5 CAA: provided, however, that its actions may error concerning a substantial factual mat- U.S.C. 7116, as applied by the CAA. be challenged, reviewed, and remedied where ter. § 2423.4 Contents of the charge; supporting evi- appropriate. (d) Opposition. A party may file with the dence and documents Board an opposition to an application for re- Part 2423—Unfair Labor Practice (a) A charge alleging a violation of 5 U.S.C. view within ten (10) days after the party is Proceedings 7116, as applied by the CAA, shall be submit- served with the application. A copy must be Sec. ted on forms prescribed by the General Coun- served on the Executive Director and all 2423.1 Applicability of this part. sel and shall contain the following: September 12, 1996 CONGRESSIONAL RECORD — SENATE S10413 (1) The name, address and telephone num- § 2423.7 Investigation of charges agreement to be submitted to and approved ber of the person(s) making the charge; (a) The General Counsel shall conduct such by the General Counsel and the Executive (2) The name, address and telephone num- investigation of the charge as the General Director. Upon approval by the General ber of the employing office or activity, or Counsel deems necessary. Consistent with Counsel and Executive Director and compli- labor organization against whom the charge the policy set forth in § 2423.2, the investiga- ance with the terms of the settlement agree- is made; tion will normally not commence until the ment, no further action shall be taken in the (3) A clear and concise statement of the parties have been afforded a reasonable case. If the respondent fails to perform its facts constituting the alleged unfair labor amount of time, not to exceed fifteen (15) obligations under the settlement agreement, practice, a statement of the section(s) and days from the filing of the charge, to infor- the General Counsel may determine to insti- subsection(s) of chapter 71 of title 5 of the mally resolve the unfair labor practice alle- tute further proceedings. United States Code made applicable by the gation. (2) In the event that the charging party CAA alleged to have been violated, and the (b) During the course of the investigation fails or refuses to become a party to a settle- date and place of occurrence of the particu- all parties involved will have an opportunity ment agreement offered by the respondent, if lar acts; and the General Counsel concludes that the of- to present their evidence and views to the (4) A statement of any other procedure in- fered settlement will effectuate the policies General Counsel. voked involving the subject matter of the of chapter 71, as applied by the CAA, the (c) In connection with the investigation of charge and the results, if any, including agreement shall be between the respondent charges, all persons are expected to cooper- whether the subject matter raised in the and the General Counsel and the latter shall ate fully with the General Counsel. charge (i) has been raised previously in a decline to file a complaint. (d) The purposes and policies of chapter 71, grievance procedure; (ii) has been referred to Post complaint settlement policy the Board under Part 2471 of these regula- as applied by the CAA, can best be achieved (c) Consistent with the policy reflected in tions, or the Federal Mediation and Concilia- by the full cooperation of all parties in- paragraph (a) of this section, even after the tion Service, or (iii) involves a negotiability volved and the voluntary submission of all filing of a complaint, the Board favors the issue raised by the charging party in a peti- potentially relevant information from all po- settlement of issues. Such settlements may tion pending before the Board pursuant to tential sources during the course of the in- be accomplished as provided in paragraph (b) Part 2424 of this subchapter. vestigation. To this end, it shall be the pol- (b) Such charge shall be in writing and icy of the Board and the General Counsel to of this section. The parties may, as part of signed and shall contain a declaration by the protect the identity of individuals and the the settlement, agree to waive their right to person signing the charge, under the pen- substance of the statements and information a hearing and agree further that the Board alties of the Criminal Code (18 U.S.C. 1001), they submit or which is obtained during the may issue an order requiring the respondent that its contents are true and correct to the investigation as a means of assuring the to take action appropriate to the terms of best of that person’s knowledge and belief. Board’s and the General Counsel’s continu- the settlement. Ordinarily such a settlement (c) When filing a charge, the charging ing ability to obtain all relevant informa- agreement will also contain the respondent’s party shall submit to the General Counsel tion. consent to the Board’s application for the any supporting evidence and documents. §2423.8 Amendment of charges entry of a decree by the United States Court § 2423.5 Selection of the unfair labor practice of Appeals for the Federal Circuit enforcing Prior to the issuance of a complaint, the the Board’s order. procedure or the negotiability procedure charging party may amend the charge in ac- Post complaint prehearing settlements Where a labor organization files an unfair cordance with the requirements set forth in labor practice charge pursuant to this part § 2423.6. (d)(1) If, after the filing of a complaint, the charging party and the respondent enter into which involves a negotiability issue, and the § 2423.9 Action by the general counsel labor organization also files pursuant to part a settlement agreement, and such agreement 2424 of this subchapter a petition for review (a) The General Counsel shall take action is accepted by the General Counsel, the set- of the same negotiability issue, the Board which may consist of the following, as appro- tlement agreement shall be submitted to the and the General Counsel ordinarily will not priate: Executive Director for approval. process the unfair labor practice charge and (1) Approve a request to withdraw a (2) If, after the filing of a complaint, the the petition for review simultaneously. charge; charging party fails or refuses to become a Under such circumstances, the labor organi- (2) Refuse to file a complaint; party to a settlement agreement offered by zation must select under which procedure to (3) Approve a written settlement and rec- the respondent, and the General Counsel con- proceed. Upon selection of one procedure, ommend that the Executive Director approve cludes that the offered settlement will effec- further action under the other procedure will a written settlement agreement in accord- tuate the policies of chapter 71, as applied by ordinarily be suspended. Such selection must ance with the provisions of section 414 of the the CAA, the agreement shall be between the be made regardless of whether the unfair CAA; respondent and the General Counsel. The labor practice charge or the petition for re- (4) File a complaint; charging party will be so informed and pro- view of a negotiability issue is filed first. No- (5) Upon agreement of all parties, transfer vided a brief written statement by the Gen- tification of this selection must be made in to the Board for decision, after filing of a eral Counsel of the reasons therefor. The set- writing at the time that both procedures complaint, a stipulation of facts in accord- tlement agreement together with the charg- have been invoked, and must be served on ance with the provisions of § 2429.1(a) of this ing party’s objections, if any, and the Gen- the Board, the General Counsel and all par- subchapter; or eral Counsel’s written statements, shall be ties to both the unfair labor practice case (6) Withdraw a complaint. submitted to the Executive Director for ap- and the negotiability case. Cases which sole- § 2423.10 Determination not to file complaint proval. The Executive Director may approve ly involve an employing office’s allegation (a) If the General Counsel determines that or disapprove any settlement agreement. that the duty to bargain in good faith does the charge has not been timely filed, that (3) After the filing of a complaint, if the not extend to the matter proposed to be bar- the charge fails to state an unfair labor prac- General Counsel concludes that it will effec- gained and which do not involve actual or tice, or for other appropriate reasons, the tuate the policies of chapter 71, as applied by contemplated changes in conditions of em- General Counsel may request the charging the CAA, the General Counsel may withdraw ployment may only be filed under part 2424 party to withdraw the charge, and in the ab- the complaint. of this subchapter. sence of such withdrawal within a reasonable Settlements after the opening of the hearing § 2423.6 Filing and service of copies time, decline to file a complaint. (e)(1) After filing of a complaint and after (a) An original and four (4) copies of the (b) The charging party may not obtain a opening of the hearing, if the General Coun- charge together with one copy for each addi- review of the General Counsel’s decision not sel concludes that it will effectuate the poli- tional charged party named shall be filed to file a complaint. cies of chapter 71, as applied by the CAA, the with the General Counsel. § 2423.11 Settlement or adjustment of issues General Counsel may request the Hearing Of- (b) Upon the filing of a charge, the charg- (a) At any stage of a proceeding prior to ficer for permission to withdraw the coming party shall be responsible for the service hearing, where time, the nature of the pro- plaint and, having been granted such permis- of a copy of the charge (without the support- ceeding, and the public interest permit, all sion to withdraw the complaint, may ap- ing evidence and documents) upon the per- interested parties shall have the opportunity prove a settlement and recommend that the son(s) against whom the charge is made, and to submit to the Executive Director or Gen- Executive Director approve the settlement for filing a written statement of such service eral Counsel, as appropriate, for consider- pursuant to paragraph (b) of this section. (2) If, after filing of a complaint and after with the General Counsel. The General Coun- ation, all facts and arguments concerning of- opening of the hearing, the parties enter into sel will, as a matter of course, cause a copy fers of settlement, or proposals of adjust- a settlement agreement that contains the re- of such charge to be served on the person(s) ment. against whom the charge is made, but shall spondent’s consent to the Board’s applica- not be deemed to assume responsibility for Precomplaint settlements tion for the entry of a decree by the United such service. (b)(1) Prior to the filing of any complaint States Court of Appeals for the Federal Cir- (c) A charge will be deemed to be filed or the taking of other formal action, the cuit enforcing the Board’s order, the General when it is received by the General Counsel in General Counsel will afford the charging Counsel may request the Hearing Officer and accordance with the requirements in para- party and the respondent a reasonable period the Executive Director to approve such set- graph (a) of this section. of time in which to enter into a settlement tlement agreement, and upon such approval, S10414 CONGRESSIONAL RECORD — SENATE September 12, 1996 to transmit the agreement to the Board for accordance with the Procedural Rules of the SUBPART A—INSTITUTING AN APPEAL approval. Office. § 2424.1 Conditions governing review (3) If the charging party fails or refuses to § 2423.28 [Reserved] The Board will consider a negotiability become a party to a settlement agreement, §2423.29 Action by the Board issue under the conditions prescribed by 5 offered by the respondent, that contains the (a) If an appeal is filed, the Board shall re- U.S.C. 7117 (b) and (c), as applied by the CAA, respondent’s consent to the Board’s applica- view the decision of the Hearing Officer in namely: If an employing office involved in tion for the entry of a decree by the United accordance with section 406 of the CAA, and collective bargaining with an exclusive rep- States Court of Appeals for the Federal Cir- the Procedural Rules of the Office. resentative alleges that the duty to bargain cuit enforcing the Board’s order, and the (b) Upon finding a violation, the Board in good faith does not extend to any matter General Counsel concludes that the offered shall issue an order: proposed to be bargained because, as pro- settlement will effectuate the policies of (1) To cease and desist from any such un- posed, the matter is inconsistent with law, chapter 71, as applied to the CAA, the agree- fair labor practice in which the employing rule or regulation, the exclusive representa- ment shall be between the respondent and office or labor organization is engaged; tive may appeal the allegation to the Board the General Counsel. After the charging (2) Requiring the parties to renegotiate a when— party is given an opportunity to state on the collective bargaining agreement in accord- (a) It disagrees with the employing office’s record or in writing the reasons for opposing ance with the order of the Board and requir- allegation that the matter as proposed to be the settlement, the General Counsel may re- ing that the agreement, as amended, be bargained is inconsistent with any Federal quest the Hearing Officer and the Executive given retroactive effect; law or any Government-wide rule or regula- Director to approve such settlement agree- (3) Requiring reinstatement of an em- tion; or ment, and upon such approval, to transmit ployee with backpay in accordance with 5 (b) It alleges, with regard to any employ- the agreement to the Board for approval. U.S.C. 5596; or ing office rule or regulation asserted by the The Board may approve or disapprove any (4) Including any combination of the ac- employing office as a bar to negotiations on such settlement agreement or return the tions described in paragraphs (1) through (3) the matter, as proposed, that: case to the Hearing Officer for other appro- of this paragraph (b), or such other action as (1) The rule or regulation violates applica- priate action. will carry out the purpose of the chapter 71, ble law, or rule or regulation of appropriate § 2423.12 Filing and contents of the complaint as applied by the CAA. authority outside the employing office; (c) Upon finding no violation, the Board (2) The rule or regulation was not issued by (a) After a charge is filed, if it appears to shall dismiss the complaint. the employing office or by any primary na- the General Counsel that formal proceedings § 2423.30 Compliance with decisions and orders tional subdivision of the employing office, or in respect thereto should be instituted, the otherwise is not applicable to bar negotia- General Counsel shall file a formal com- of the Board When remedial action is ordered, the re- tions with the exclusive representative, plaint: provided, however, that a determina- under 5 U.S.C. 7117(a)(3), as applied by the spondent shall report to the Office within a tion by the General Counsel to file a com- CAA; or specified period that the required remedial plaint shall not be subject to review. (3) No compelling need exists for the rule (b) The complaint shall include: action has been effected. When the General or regulation to bar negotiations on the mat- (1) Notice of the charge; Counsel or the Executive Director finds that ter, as proposed, because the rule or regula- (2) Any information required pursuant to the required remedial action has not been ef- tion does not meet the criteria established in the Procedural Rules of the Office. fected, the General Counsel or the Executive subpart B of this part. (c) Any such complaint may be withdrawn Director shall take such action as may be § 2424.2 Who may file a petition before the hearing by the General Counsel. appropriate, including referral to the Board § 2423.13 Answer to the complaint for enforcement. A petition for review of a negotiability issue may be filed by an exclusive represent- A respondent shall file an answer to a com- § 2423.31 Backpay proceedings ative which is a party to the negotiations. plaint in accordance with the requirements After the entry of a Board order directing § 2424.3 Time limits for filing of the Procedural Rules of the Office. payment of backpay, or the entry of a court § 2423.14 Prehearing disclosure; conduct of hear- decree enforcing such order, if it appears to The time limit for filing a petition for re- ing the General Counsel that a controversy ex- view is fifteen (15) days after the date the employing office’s allegation that the duty The procedures for prehearing discovery ists which cannot be resolved without a for- to bargain in good faith does not extend to and the conduct of the hearing are set forth mal proceeding, the General Counsel may the matter proposed to be bargained is in the Procedural Rules of the Office. issue and serve on all parties a backpay spec- served on the exclusive representative. The § 2423.15 Intervention ification accompanied by a request for hearing or a request for hearing without a speci- exclusive representative shall request such Any person involved and desiring to inter- allegation in writing and the employing of- fication. Upon receipt of the request for vene in any proceeding pursuant to this part fice shall make the allegation in writing and hearing, the Executive Director will appoint shall file a motion in accordance with the serve a copy on the exclusive representative: an independent Hearing Officer. The respond- procedures set forth in the Procedural Rules provided, however, that review of a nego- ent shall, within twenty (20) days after the of the Office. The motion shall state the tiability issue may be requested by an exclu- service of a backpay specification, file an an- grounds upon which such person claims in- sive representative under this subpart with- swer thereto in accordance with the Office’s volvement. out a prior written allegation by the employ- Procedural Rules. No answer need be filed by ing office if the employing office has not § 2423.16 [Reserved] the respondent to a notice of hearing issued § 2423.17 [Reserved] served such allegation upon the exclusive without a specification. After the issuance of § 2423.18 Burden of proof before the hearing offi- representative within ten (10) days after the cer a notice of hearing, with or without a back- date of the receipt by any employing office pay specification, the hearing procedures The General Counsel shall have the respon- bargaining representative at the negotia- provided in the Procedural Rules of the Of- sibility of presenting the evidence in support tions of a written request for such allega- fice shall be followed insofar as applicable. of the complaint and shall have the burden tion. of proving the allegations of the complaint Part 2424 Expedited Review of Negotiability § 2424.4 Content of petition; service Issues by a preponderance of the evidence. (a) A petition for review shall be dated and 2423.19 Duties and powers of the hearing officer Subpart A—Instituting an Appeal shall contain the following: It shall be the duty of the Hearing Officer Sec. (1) A statement setting forth the express to inquire fully into the facts as they relate 2424.1 Conditions governing review. language of the proposal sought to be nego- to the matter before such Hearing Officer, 2424.2 Who may file a petition. tiated as submitted to the employing office; subject to the rules and regulations of the 2424.3 Time limits for filing. (2) An explicit statement of the meaning Office and the Board. 2424.4 Content of petition; service. attributed to the proposal by the exclusive 2424.5 Selection of the unfair labor practice representative including: § 2423.20 [Reserved] procedure or the negotiability proce- (i) Explanation of terms of art, acronyms, § 2423.21 [Reserved] technical language, or any other aspect of § 2423.22 [Reserved] dure. the language of the proposal which is not in § 2423.23 [Reserved] 2424.6 Position of the employing office; time § 2423.24 [Reserved] limits for filing; service. common usage; and § 2423.25 [Reserved] 2424.7 Response of the exclusive representa- (ii) Where the proposal is concerned with a § 2423.26 Hearing officer decisions; entry in tive; time limits for filing; service. particular work situation, or other particu- records of the office 2424.8 Additional submissions to the Board. lar circumstances, a description of the situation or circumstances which will enable the In accordance with the Procedural Rules of 2424.9 Hearing. Board to understand the context in which the Office, the Hearing Officer shall issue a 2424.10 Board decision and order; compli- the proposal is intended to apply; ance. written decision and that decision will be en- (3) A copy of all pertinent material, includ- tered into the records of the Office. Subpart B—Criteria for Determining Compelling ing the employing office’s allegation in writ- § 2423.27 Appeal to the Board Need for Employing Office Rules and Regula- ing that the matter, as proposed, is not with- An aggrieved party may seek review of a tions in the duty to bargain in good faith, and decision and order of the Hearing Officer in 2424.11 Illustrative criteria. other relevant documentary material; and September 12, 1996 CONGRESSIONAL RECORD — SENATE S10415 (4) Notification by the petitioning labor or- (b) A copy of the employing office’s state- missing the petition for review of the nego- ganization whether the negotiability issue is ment of position, including all attachments tiability issue. also involved in an unfair labor practice thereto shall be served on the exclusive rep- (c) When an order is issued as provided in charge filed by such labor organization under resentative. paragraph (b) of this section, the employing part 2423 of this subchapter and pending be- § 2424.7 Response of the exclusive representative; office or exclusive representative shall re- fore the General Counsel. time limits for filing; service port to the Executive Director within a spec- (b) A copy of the petition including all at- ified period failure to comply with an order (a) Within fifteen (15) days after the date of tachments thereto shall be served on the em- that the employing office shall upon request the receipt by an exclusive representative of ploying office head and on the principal em- (or as otherwise agreed to by the parties) a copy of an employing office’s statement of ploying office bargaining representative at bargain concerning the disputed matter. position the exclusive representative shall the negotiations. file a full and detailed response stating its SUBPART B—CRITERIA FOR DETERMINING COM- (c)(1) Filing an incomplete petition for re- position and reasons for: PELLING NEED FOR EMPLOYING OFFICE RULES view will result in the exclusive representa- (1) Disagreeing with the employing office’s AND REGULATIONS tive being asked to provide the missing or in- allegation that the matter, as proposed to be § 2424.11 Illustrative criteria complete information. Noncompliance with a negotiated, is inconsistent with any Federal A compelling need exists for an employing request to complete the record may result in law or Government-wide rule or regulation; office rule or regulation concerning any con- dismissal of the petition. or (2) The processing priority accorded to an dition of employment when the employing (2) Alleging that the employing office’s incomplete petition, relative to other pend- office demonstrates that the rule or regula- rules or regulations violate applicable law, ing negotiability appeals, will be based upon tion meets one or more of the following illus- or rule or regulation or appropriate author- the date when the petition is completed—not trative criteria: ity outside the employing office; that the (a) The rule or regulation is essential, as the date it was originally filed. rules or regulations were not issued by the distinguished from helpful or desirable, to § 2424.5 Selection of the unfair labor practice employing office or by any primary national the accomplishment of the mission or the procedure or the negotiability procedure subdivision of the employing office, or other- execution of functions of the employing of- Where a labor organization files an unfair wise are not applicable to bar negotiations fice or primary national subdivision in a labor practice charge pursuant to part 2423 of under 5 U.S.C. 7117(a)(3), as applied by the manner which is consistent with the require- this subchapter which involves a negotiabil- CAA; or that no compelling need exists for ments of an effective and efficient govern- ity issue, and the labor organization also the rules or regulations to bar negotiations. ment. files pursuant to this part a petition for re- (b) The response shall cite the particular (b) The rule or regulation is necessary to view of the same negotiability issue, the section of any law, rule or regulation alleged insure the maintenance of basic merit prin- Board and the General Counsel ordinarily to be violated by the employing office’s rules ciples. will not process the unfair labor practice or regulations; or shall explain the grounds (c) The rule or regulation implements a charge and the petition for review simulta- for contending the employing office rules or mandate to the employing office or primary neously. Under such circumstances, the regulations are not applicable to bar nego- national subdivision under law or other out- labor organization must select under which tiations under 5 U.S.C. 7117(a)(3), as applied side authority, which implementation is es- procedure to proceed. Upon selection of one by the CAA, or fail to meet the criteria essentially nondiscretionary in nature. procedure, further action under the other tablished in subpart B of this part, or were Part 2425—Review of Arbitration Awards procedure will ordinarily be suspended. Such not issued at the employing office head- Sec. selection must be made regardless of wheth- quarters level or at the level of a primary 2425.1 Who may file an exception; time lim- er the unfair labor practice charge or the pe- national subdivision. its for filing; opposition; service. tition for review of a negotiability issue is (c) A copy of the response of the exclusive 2425.2 Content of exception. filed first. Notification of this selection must representative including all attachments 2425.3 Grounds for review. be made in writing at the time that both thereto shall be served on the employing of- 2425.4 Board decision. procedures have been invoked, and must be fice head and on the employing office’s rep- served on the Board, the General Counsel resentative of record in the proceeding be- § 2425.1 Who may file an exception; time limits and all parties to both the unfair labor prac- fore the Board. for filing; opposition; service tice case and the negotiability case. Cases § 2424.8 Additional submissions to the Board (a) Either party to arbitration under the provisions of chapter 71 of title 5 of the Unit- which solely involve an employing office’s The Board will not consider any submis- ed States Code, as applied by the CAA, may allegation that the duty to bargain in good sion filed by any party, whether supple- file an exception to an arbitrator’s award faith does not extend to the matter proposed mental or responsive in nature, other than rendered pursuant to the arbitration. to be bargained and which do not involve ac- those authorized under § 2424.2 through 2424.7 tual or contemplated changes in conditions (b) The time limit for filing an exception unless such submission is requested by the to an arbitration award is thirty (30) days be- of employment may only be filed under this Board; or unless, upon written request by part. ginning on the date the award is served on any party, a copy of which is served on all the filing party. § 2424.6 Position of the employing office; time other parties, the Board in its discretion (c) An opposition to the exception may be limits for filing; service grants permission to file such submission. filed by a party within thirty (30) days after (a) Within thirty (30) days after the date of § 2424.9 Hearing the date of service of the exception. the receipt by the head of an employing of- A hearing may be held, in the discretion of (d) A copy of the exception and any opposi- fice of a copy of a petition for review of a ne- the Board, before a determination is made tion shall be served on the other party. gotiability issue the employing office shall under 5 U.S.C. 7117(b) or (c), as applied by the § 2425.2 Content of exception file a statement— CAA. If a hearing is held, it shall be expe- (1) Withdrawing the allegation that the An exception must be a dated, self-con- dited to the extent practicable and shall not duty to bargain in good faith does not extend tained document which sets forth in full: include the General Counsel as a party. (a) A statement of the grounds on which to the matter proposed to be negotiated; or (2) Setting forth in full its position on any § 2424.10 Board decision and order; compliance review is requested; (b) Evidence or rulings bearing on the is- matters relevant to the petition which it (a) Subject to the requirements of this sub- sues before the Board; wishes the Board to consider in reaching its part the Board shall expedite proceedings (c) Arguments in support of the stated decision, including a full and detailed state- under this part to the extent practicable and grounds, together with specific reference to ment of its reasons supporting the allega- shall issue to the exclusive representative the pertinent documents and citations of au- tion. The statement shall cite the section of and to the employing office a written deci- thorities; and sion on the allegation and specific reasons any law, rule or regulation relied upon as a (d) A legible copy of the award of the arbi- therefore at the earliest practicable date. basis for the allegation and shall contain a trator and legible copies of other pertinent (b) If the Board finds that the duty to bar- copy of any internal employing office rule or documents; and gain extends to the matter proposed to be regulation so relied upon. The statement (e) The name and address of the arbitrator. shall include: bargained, the decision of the Board shall in- (i) Explanation of the meaning the employ- clude an order that the employing office § 2425.3 Grounds for review ing office attributes to the proposal as a shall upon request (or as otherwise agreed to The Board will review an arbitrator’s whole, including any terms of art, acronyms, by the parties) bargain concerning such mat- award to which an exception has been filed technical language or any other aspect of the ter. If the Board finds that the duty to bar- to determine if the award is deficient— language of the proposal which is not in gain does not extend to the matter proposed (a) Because it is contrary to any law, rule common usage; and to be negotiated, the Board shall so state or regulation; or (ii) Description of a particular work situa- and issue an order dismissing the petition for (b) On other grounds similar to those ap- tion, or other particular circumstance the review of the negotiability issue. If the plied by Federal courts in private sector employing office views the proposal to con- Board finds that the duty to bargain extends labor-management relations. cern, which will enable the Board to under- to the matter proposed to be bargained only § 2425.4 Board decision stand the context in which the proposal is at the election of the employing office, the The Board shall issue its decision and considered to apply by the employing office. Board shall so state and issue an order dis- order taking such action and making such S10416 CONGRESSIONAL RECORD — SENATE September 12, 1996 recommendations concerning the award as it Board and shall set forth the following infor- subdivision pending disposition of the peti- considers necessary, consistent with applica- mation: tion. If no petition has been filed within the ble laws, rules, or regulations. (i) Name and affiliation, if any, of the peti- provided time period, an employing office or Part 2426—National Consultation Rights and tioner and its address and telephone number; primary national subdivision may terminate Consultation Rights on Government-wide (ii) A statement that the petitioner has national consultation rights. Rules or Regulations submitted to the employing office or the pri- (vi) Within fifteen (15) days after the re- mary national subdivision and to the Assist- Subpart A—National Consultation Rights ceipt of a copy of the petition, the employing ant Secretary a roster of its officers and rep- office or primary national subdivision shall Sec. resentatives, a copy of its constitution and file a response thereto with the Executive 2426.1 Requesting; granting; criteria. bylaws, and a statement of its objectives; Director raising any matter which is rel- 2426.2 Requests; petition and procedures for (iii) A declaration by the person signing evant to the petition. determination of eligibility for na- the petition, under the penalties of the (vii) The Executive Director, on behalf of tional consultation rights. Criminal Code (18 U.S.C. 1001), that its con- the Board, shall make such investigations as 2426.3 Obligation to consult. tents are true and correct to the best of such the Executive Director deems necessary and Subpart B—Consultation Rights on person’s knowledge and belief; thereafter shall issue and serve on the par- (iv) The signature of the petitioner’s rep- Government-wide Rules or Regulations ties a determination with respect to the eli- resentative, including such person’s title and 2426.11 Requesting; granting; criteria. gibility for national consultation rights telephone number; 2426.12 Requests; petition and procedures which shall be final: provided, however, that (v) The name, address, and telephone num- for determination of eligibility for con- an application for review of the Executive ber of the employing office or primary na- sultation rights on Government-wide Director’s determination may be filed with tional subdivision in which the petitioner rules or regulations. the Board in accordance with the procedure seeks to obtain or retain national consulta- 2426.13 Obligation to consult. set forth in § 2422.31 of this subchapter. A de- tion rights, and the persons to contact and termination by the Executive Director to SUBPART A—NATIONAL CONSULTATION RIGHTS their titles, if known; issue a notice of hearing shall not be subject § 2426.1 Requesting; granting; criteria (vi) A showing that petitioner holds ade- to the filing of an application for review. On quate exclusive recognition as required by (a) An employing office shall accord na- behalf of the Board, the Executive Director, § 2426.1; and tional consultation rights to a labor organi- if appropriate, may cause a notice of hearing zation that: (vii) A statement as appropriate: (A) That such showing has been made to to be issued to all interested parties where (1) Requests national consultation rights substantial factual issues exist warranting at the employing office level; and and rejected by the employing office or primary national subdivision, together with a an investigatory hearing. Investigatory (2) Holds exclusive recognition for ten per- hearings shall be conducted by the Executive cent (10%) or more of the total number of statement of the reasons for rejection, if any, offered by that employing office or pri- Director or her designee in accordance with personnel employed by the employing office. §§ 2422.17 through 2422.22 of this subchapter (b) An employing office’s primary national mary national subdivision; (B) That the employing office or primary and after the close of the investigatory hear- subdivision which has authority to formu- ing a Decision and Order shall be issued by late conditions of employment shall accord national subdivision has served notice of its intent to terminate existing national con- the Board in accordance with § 2422.30 of this national consultation rights to a labor orga- subchapter. nization that: sultation rights, together with a statement (1) Requests national consultation rights of the reasons for termination; or § 2426.3 Obligation to consult (C) That the employing office or primary at the primary national subdivision level; (a) When a labor organization has been ac- national subdivision has failed to respond in and corded national consultation rights, the em- writing to a request for national consulta- (2) Holds exclusive recognition for ten per- ploying office or the primary national sub- tion rights made under § 2426.2(a) within fif- cent (10%) or more of the total number of division which has granted those rights teen (15) days after the date the request is personnel employed by the primary national shall, through appropriate officials, furnish served on the employing office or primary subdivision. designated representatives of the labor orga- national subdivision. (c) In determining whether a labor organi- nization: (3) The following regulations govern peti- zation meets the requirements as prescribed (1) Reasonable notice of any proposed sub- in paragraphs (a)(2) and (b)(2) of this section, tions filed under this section: (i) A petition for determination of eligi- stantive change in conditions of employ- the following will not be counted: bility for national consultation rights shall ment; and (1) At the employing office level, employ- (2) Reasonable time to present its views ees represented by the labor organization be filed with the Executive Director. (ii) An original and four (4) copies of a peti- and recommendations regarding the change. under national exclusive recognition granted tion shall be filed, together with a statement (b) If a labor organization presents any at the employing office level. of any other relevant facts and of all cor- views or recommendations regarding any (2) At the primary national subdivision respondence. proposed substantive change in conditions of level, employees represented by the labor or- (iii) Copies of the petition together with employment to an employing office or a pri- ganization under national exclusive recogni- the attachments referred to in paragraph mary national subdivision, that employing tion granted at the agency level or at that (b)(3)(ii) of this section shall be served by the office or primary national subdivision shall: primary national subdivision level. petitioner on all known interested parties, (d) An employing office or a primary na- (1) Consider the views or recommendations and a written statement of such service shall tional subdivision of an employing office before taking final action on any matter be filed with the Executive Director. shall not grant national consultation rights with respect to which the views or rec- (iv) A petition shall be filed within thirty to any labor organization that does not meet ommendations are presented; and (30) days after the service of written notice the criteria prescribed in paragraphs (a), (b) (2) Provide the labor organization a writ- by the employing office or primary national and (c) of this section. ten statement of the reasons for taking the subdivision of its refusal to accord national final action. § 2426.2 Requests; petition and procedures for consultation rights pursuant to a request (c) Nothing in this subpart shall be con- determination of eligibility for national con- under § 2426.2(a) or its intention to terminate strued to limit the right of any employing sultation rights existing national consultation rights. If an office or exclusive representative to engage (a) Requests by labor organizations for na- employing office or primary national sub- in collective bargaining. tional consultation rights shall be submitted division fails to respond in writing to a rein writing to the headquarters of the em- quest for national consultation rights made SUBPART B—CONSULTATION RIGHTS ON ploying office or the employing office’s pri- under § 2426.2(a) within fifteen (15) days after GOVERNMENT-WIDE RULES OR REGULATIONS mary national subdivision, as appropriate, the date the request is served on the employ- § 2426.11 Requesting; granting; criteria which headquarters shall have fifteen (15) ing office or primary national subdivision, a days from the date of service of such request petition shall be filed within thirty (30) days (a) An employing office shall accord con- to respond thereto in writing. after the expiration of such fifteen (15) day sultation rights on Government-wide rules (b) Issues relating to a labor organization’s period. or regulations to a labor organization that: eligibility for, or continuation of, national (v) If an employing office or primary na- (1) Requests consultation rights on Gov- consultation rights shall be referred to the tional subdivision wishes to terminate na- ernment-wide rules or regulations from an Board for determination as follows: tional consultation rights, notice of its in- employing office; and (1) A petition for determination of the eli- tention to do so shall include a statement of (2) Holds exclusive recognition for 350 or gibility of a labor organization for national its reasons and shall be served not less than more covered employees within the legisla- consultation rights under criteria set forth thirty (30) days prior to the intended termi- tive branch. in § 2426.1 may be filed by a labor organiza- nation date. A labor organization, after re- (b) An employing office shall not grant tion. ceiving such notice, may file a petition with- consultation rights on Government-wide (2) A petition for determination of eligi- in the time period prescribed herein, and rules or regulations to any labor organiza- bility for national consultation rights shall thereby cause to be stayed further action by tion that does not meet the criteria pre- be submitted on a form prescribed by the the employing office or primary national scribed in paragraph (a) of this section. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10417 § 2426.12 Requests; petition and procedures for quest under § 2426.12(a) or its intention to 2427.3 Content of request. determination of eligibility for consultation terminate such existing consultation rights. 2427.4 Submissions from interested parties. rights on Government-wide rules or regula- If an employing office fails to respond in 2427.5 Standards governing issuance of gen- tions writing to a request for consultation rights eral statements of policy or guidance. (a) Requests by labor organizations for on Government-wide rules or regulations § 2427.1 Scope consultation rights on Government-wide made under § 2426.12(a) within fifteen (15) This part sets forth procedures under rules or regulations shall be submitted in days after the date the request is served on which requests may be submitted to the writing to the headquarters of the employing the employing office, a petition shall be filed Board seeking the issuance of general state- office, which headquarters shall have fifteen within thirty (30) days after the expiration of ments of policy or guidance under 5 U.S.C. (15) days from the date of service of such re- such fifteen (15) day period. 7105(a)(1), as applied by the CAA. quest to respond thereto in writing. (v) If an employing office wishes to termi- § 2427.2 Requests for general statements of policy (b) Issues relating to a labor organization’s nate consultation rights on Government- or guidance eligibility for, or continuation of, consulta- wide rules or regulations, notice of its intention to do so shall be served not less than (a) The head of an employing office (or des- tion rights on Government-wide rules or reg- ignee), the national president of a labor or- thirty (30) days prior to the intended termi- ulations shall be referred to the Board for de- ganization (or designee), or the president of nation date. A labor organization, after re- termination as follows: a labor organization not affiliated with a na- ceiving such notice, may file a petition with- (1) A petition for determination of the eli- tional organization (or designee) may sepa- in the time period prescribed herein, and gibility of a labor organization for consulta- rately or jointly ask the Board for a general tion rights under criteria set forth in § 2426.11 thereby cause to be stayed further action by statement of policy or guidance. The head of may be filed by a labor organization. the employing office pending disposition of any lawful association not qualified as a (2) A petition for determination of eligi- the petition. If no petition has been filed labor organization may also ask the Board bility for consultation rights shall be sub- within the provided time period, an employ- for such a statement provided the request is mitted on a form prescribed by the Board ing office may terminate such consultation not in conflict with the provisions of chapter and shall set forth the following informa- rights. 71 of title 5 of the United States Code, as ap- tion: (vi) Within fifteen (15) days after the replied by the CAA, or other law. (i) Name and affiliation, if any, of the peti- ceipt of a copy of the petition, the employing (b) The Board ordinarily will not consider tioner and its address and telephone number; office shall file a response thereto with the a request related to any matter pending be- (ii) A statement that the petitioner has Executive Director raising any matter which fore the Board or General Counsel. submitted to the employing office and to the is relevant to the petition. § 2427.3 Content of request. (vii) The Executive Director, on behalf of Assistant Secretary a roster of its officers the Board, shall make such investigation as (a) A request for a general statement of and representatives, a copy of its constitu- policy or guidance shall be in writing and the Executive Director deems necessary and tion and bylaws, and a statement of its ob- must contain: thereafter shall issue and serve on the par- jectives; (1) A concise statement of the question ties a determination with respect to the eli- (iii) A declaration by the person signing with respect to which a general statement of gibility for consultation rights which shall the petition, under the penalties of the policy or guidance is requested together with be final: Provided, however, that an applica- Criminal Code (18 U.S.C. 1001), that its con- background information necessary to an un- tion for review of the Executive Director’s tents are true and correct to the best of such derstanding of the question; determination may be filed with the Board person’s knowledge and belief; (2) A statement of the standards under in accordance with the procedure set forth in (iv) The signature of the petitioner’s rep- § 2427.5 upon which the request is based; § 2422.31 of this subchapter. A determination resentative, including such person’s title and (3) A full and detailed statement of the po- by the Executive Director to issue a notice telephone number; sition or positions of the requesting party or of investigatory hearing shall not be subject (v) The name, address, and telephone num- parties; to the filing of an application for review. On (4) Identification of any cases or other pro- ber of the employing office in which the peti- behalf of the Board, the Executive Director, ceedings known to bear on the question tioner seeks to obtain or retain consultation if appropriate, may cause a notice of inves- which are pending under the CAA; and rights on Government-wide rules or regula- tigatory hearing to be issued where substan- (5) Identification of other known interested tions, and the persons to contact and their tial factual issues exist warranting a hear- parties. titles, if known; ing. Investigatory hearings shall be con- (b) A copy of each document also shall be (vi) A showing that petitioner meets the ducted by the Executive Director or her des- served on all known interested parties, in- criteria as required by § 2426.11; and ignee in accordance with § 2422.17 through cluding the General Counsel, where appro- (vii) A statement, as appropriate: 2422.22 of this chapter and after the close of priate. (A) That such showing has been made to the investigatory hearing a Decision and § 2427.4 Submissions from interested parties and rejected by the employing office, to- Order shall be issued by the Board in accord- Prior to issuance of a general statement of gether with a statement of the reasons for ance with § 2422.30 of this subchapter. policy or guidance the Board, as it deems ap- rejection, if any, offered by that employing § 2426.13 Obligation to consult propriate, will afford an opportunity to in- office; terested parties to express their views orally (a) When a labor organization has been ac- (B) That the employing office has served or in writing. notice of its intent to terminate existing corded consultation rights on Government- § 2427.5 Standards governing issuance of general consultation rights on Government-wide wide rules or regulations, the employing of- statements of policy or guidance rules or regulations, together with a state- fice which has granted those rights shall, ment of the reasons for termination; or through appropriate officials, furnish des- In deciding whether to issue a general (C) That the employing office has failed to ignated representatives of the labor organi- statement of policy or guidance, the Board respond in writing to a request for consulta- zation: shall consider: (a) Whether the question presented can tion rights on Government-wide rules or reg- (1) Reasonable notice of any proposed Gov- more appropriately be resolved by other ulations made under § 2426.12(a) within fif- ernment-wide rule or regulation issued by the employing office affecting any sub- means; teen (15) days after the date the request is (b) Where other means are available, stantive change in any condition of employ- served on the employing office. whether a Board statement would prevent ment; and (3) The following regulations govern peti- the proliferation of cases involving the same (2) Reasonable time to present its views tions filed under this section: or similar question; (i) A petition for determination of eligi- and recommendations regarding the change. (c) Whether the resolution of the question (b) If a labor organization presents any bility for consultation rights on Govern- presented would have general applicability ment-wide rules or regulations shall be filed views or recommendations regarding any under chapter 71, as applied by the CAA; with the Executive Director. proposed substantive change in any condi- (d) Whether the question currently con- (ii) An original and four (4) copies of a petition of employment to an employing office, fronts parties in the context of a labor-man- tion shall be filed, together with a statement that employing office shall: agement relationship; of any other relevant facts and of all cor- (1) Consider the views or recommendations (e) Whether the question is presented joint- respondence. before taking final action on any matter ly by the parties involved; and (iii) Copies of the petition together with with respect to which the views or rec- (f) Whether the issuance by the Board of a the attachments referred to in paragraph ommendations are presented; and general statement of policy or guidance on (b)(3)(ii) of this section shall be served by the (2) Provide the labor organization a writ- the question would promote constructive and petitioner on the employing office, and a ten statement of the reasons for taking the cooperative labor-management relationships written statement of such service shall be final action. in the legislative branch and would other- filed with the Executive Director. Part 2427—General Statements of Policy or wise promote the purposes of chapter 71, as (iv) A petition shall be filed within thirty Guidance applied by the CAA. (30) days after the service of written notice Sec. Part 2428—Enforcement of Assistant Sec- by the employing office of its refusal to ac- 2427.1 Scope. retary Standards of Conduct Decisions and cord consultation rights on Government- 2427.2 Requests for general statements of Orders wide rules or regulations pursuant to a re- policy or guidance. Sec. S10418 CONGRESSIONAL RECORD — SENATE September 12, 1996 2428.1 Scope. in the case must be filed with the Board § 2429.15 Board requests for advisory opinions 2428.2 Petitions for enforcement. within thirty (30) days from the date of the (a) Whenever the Board, pursuant to 5 2428.3 Board decision. Executive Director’s order transferring the U.S.C. 7105(i), as applied by the CAA, re- § 2428.1 Scope case to the Board. The Board may also requests an advisory opinion from the Director mand any such case to the Executive Direc- This part sets forth procedures under of the Office of Personnel Management con- tor for further processing. Orders of transfer which the Board, pursuant to 5 U.S.C. cerning the proper interpretation of rules, and remand shall be served on all parties. 7105(a)(2)(I), as applied by the CAA, will en- regulations, or policy directives issued by force decisions and orders of the Assistant § 2429.2 [Reserved] that Office in connection with any matter Secretary in standards of conduct matters § 2429.3 Transfer of record before the Board, a copy of such request, and arising under 5 U.S.C. 7120, as applied by the In any case under part 2425 of this sub- any response thereto, shall be served upon CAA. chapter, upon request by the Board, the par- the parties in the matter. § 2428.2 Petitions for enforcement ties jointly shall transfer the record in the (b) The parties shall have fifteen (15) days case, including a copy of the transcript, if from the date of service of a copy of the re- (a) The Assistant Secretary may petition sponse of the Office of Personnel Manage- the Board to enforce any Assistant Secretary any, exhibits, briefs and other documents filed with the arbitrator, to the Board. ment to file with the Board comments on decision and order in a standards of conduct that response which the parties wish the case arising under 5 U.S.C. 7120, as applied by § 2429.4 Referral of policy questions to the board Board to consider before reaching a decision the CAA. The Assistant Secretary shall in the matter. Such comments shall be in transfer to the Board the record in the case, Notwithstanding the procedures set forth writing and copies shall be served upon the including a copy of the transcript if any, ex- in this subchapter, the General Counsel, or other parties in the matter and upon the Of- hibits, briefs, and other documents filed with the Assistant Secretary, may refer for re- fice of Personnel Management. the Assistant Secretary. A copy of the peti- view and decision or general ruling by the tion for enforcement shall be served on the Board any case involving a major policy § 2429.16 General remedial authority labor organization against which such order issue that arises in a proceeding before any The Board shall take any actions which applies. of them. Any such referral shall be in writ- are necessary and appropriate to administer (b) An opposition to Board enforcement of ing and a copy of such referral shall be effectively the provisions of chapter 71 of any such Assistant Secretary decision and served on all parties to the proceeding. Be- title 5 of the United States Code, as applied order may be filed by the labor organization fore decision or general ruling, the Board by the CAA. against which such order applies twenty (20) shall obtain the views of the parties and § 2429.17 [Reserved] days from the date of service of the petition, other interested persons, orally or in writ- § 2429.18 [Reserved] unless the Board, upon good cause shown by ing, as it deems necessary and appropriate. Subpart B—General Requirements the Assistant Secretary, sets a shorter time The Board may decline a referral. § 2429.21 [Reserved] for filing such opposition. A copy of the op- § 2429.5 Matters not previously presented; offi- § 2429.22 [Reserved] position to enforcement shall be served on cial notice the Assistant Secretary. § 2429.23 Extension; waiver The Board will not consider evidence of- § 2428.3 Board decision fered by a party, or any issue, which was not (a) Except as provided in paragraph (d) of The Board shall issue its decision on the presented in the proceedings before the Exec- this section, the Board or General Counsel, case enforcing, enforcing as modified, or re- utive Director, Hearing Officer, or arbitra- or their designated representatives, as appro- fusing to enforce, the decision and order of tor. The Board may, however, take official priate, may extend any time limit provided the Assistant Secretary. notice of such matters as would be proper. in this subchapter for good cause shown, and shall notify the parties of any such exten- Part 2429—Miscellaneous and General § 2429.6 Oral argument sion. Requests for extensions of time shall be Requirements The Board or the General Counsel, in their in writing and received by the appropriate Subpart A—Miscellaneous discretion, may request or permit oral argu- official not later than five (5) days before the Sec. ment in any matter arising under this sub- established time limit for filing, shall state 2429.1 Transfer of cases to the Board. chapter under such circumstances and condi- the position of the other parties on the re- 2429.2 [Reserved] tions as they deem appropriate. quest for extension, and shall be served on 2429.3 Transfer of record. § 2429.7 [Reserved] the other parties. 2429.4 Referral of policy questions to the § 2429.8 [Reserved] (b) Except as provided in paragraph (d) of Board. §2429.9 [Reserved] this section, the Board or General Counsel, 2429.5 Matters not previously presented; of- § 2429.10 Advisory opinions or their designated representatives, as appro- ficial notice. The Board and the General Counsel will priate, may waive any expired time limit in 2429.6 Oral argument. not issue advisory opinions. this subchapter in extraordinary cir- 2429.7 [Reserved] cumstances. Request for a waiver of time § 2429.11 [Reserved] 2429.8 [Reserved] limits shall state the position of the other § 2429.12 [Reserved] 2429.9 [Reserved] parties and shall be served on the other par- § 2429.13 Official time 2429.10 Advisory opinions. ties. 2429.11 [Reserved] If the participation of any employee in any (c) The time limits established in this sub- 2429.12 [Reserved] phase of any proceeding before the Board chapter may not be extended or waived in 2429.13 Official time. under section 220 of the CAA, including the any manner other than that described in this 2429.14 Witness fees. investigation of unfair labor practice subchapter. 2429.15 Board requests for advisory opin- charges and representation petitions and the (d) Time limits established in 5 U.S.C. ions. participation in hearings and representation 7105(f), 7117(c)(2) and 7122(b), as applied by 2429.16 General remedial authority. elections, is deemed necessary by the Board, the CAA, may not be extended or waived 2429.17 [Reserved] the Executive Director, the General Counsel, under this section. 2429.18 [Reserved] any Hearing Officer, or other agent of the Board designated by the Board, such em- § 2429.24 [Reserved] Subpart B—General Requirements ployee shall be granted official time for such § 2429.25 [Reserved] 2429.21 [Reserved] participation, including necessary travel § 2429.26 [Reserved] 2429.22 [Reserved] time, as occurs during the employee’s regu- § 2429.27 [Reserved] 2429.23 Extension; waiver. lar work hours and when the employee would § 2429.28 Petitions for amendment of regulations 2429.24 [Reserved] otherwise be in a work or paid leave status. Any interested person may petition the 2429.25 [Reserved] § 2429.14 Witness fees Board in writing for amendments to any por- 2429.26 [Reserved] tion of these regulations. Such petition shall (a) Witnesses (whether appearing volun- 2429.27 [Reserved] identify the portion of the regulations in- tarily, or under a subpena) shall be paid the 2429.28 Petitions for amendment of regula- volved and provide the specific language of fee and mileage allowances which are paid tions. the proposed amendment together with a subpenaed witnesses in the courts of the SUBPART A—MISCELLANEOUS statement of grounds in support of such peti- United States: Provided, that any witness tion. § 2429.1 Transfer of cases to the board who is employed by the Federal Government In any unfair labor practice case under shall not be entitled to receive witness fees Subchapter D—Impasses part 2423 of this subchapter in which, after in addition to compensation received pursu- PART 2470—GENERAL the filing of a complaint, the parties stipu- ant to § 2429.13. Subpart A—Purpose late that no material issue of fact exists, the (b) Witness fees and mileage allowances Sec. Executive Director may, upon agreement of shall be paid by the party at whose instance 2470.1 Purpose. all parties, transfer the case to the Board; the witnesses appear, except when the wit- and the Board may decide the case on the ness receives compensation pursuant to Subpart B—Definitions basis of the formal documents alone. Briefs § 2429.13. 2470.2 Definitions. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10419

SUBPART A—PURPOSE have agreed to adopt, for binding arbitration purposes such as further reproduction may § 2470.1 Purpose of the negotiation impasse by filing a re- be submitted for the original. Service upon quest as hereinafter provided. such counsel or representative shall con- The regulations contained in this substitute service upon the party, but a copy chapter are intended to implement the provi- § 2471.2 Request form also shall be transmitted to the party. sions of section 7119 of title 5 of the United A form has been prepared for use by the (c) A signed and dated statement of service States Code, as applied by the CAA. They parties in filing a request with the Board for shall accompany each document submitted prescribe procedures and methods which the consideration of an impasse or approval of a to the Board. The statement of service shall Board may utilize in the resolution of nego- binding arbitration procedure. Copies are include the names of the parties and persons tiation impasses when voluntary arrange- available from the Executive Director, Office served, their addresses, the date of service, ments, including the services of the Federal of Compliance. the nature of the document served, and the Mediation and Conciliation Service or any § 2471.3 Content of request manner in which service was made. other third-party mediation, fail to resolve (a) A request from a party or parties to the (d) The date of service or date served shall the disputes. Board for consideration of an impasse must be the day when the matter served is depos- SUBPART B—DEFINITIONS be in writing and include the following infor- ited in the U.S. mail or is delivered in per- § 2470.2 Definitions mation: son. (1) Identification of the parties and indi- (a) The terms Executive Director, employing (e) Unless otherwise provided by the Board viduals authorized to act on their behalf; office, labor organization, and conditions of em- or its designated representatives, any docu- (2) Statement of issues at impasse and the ployment as used herein shall have the mean- ment or paper filed with the Board under summary positions of the initiating party or ing set forth in Part 2421 of these rules. these rules, together with any enclosure filed parties with respect to those issues; and (b) The terms designated representative or therewith, shall be submitted on 8 1/2 x 11 (3) Number, length, and dates of negotia- inch size paper. designee of the Board means a Board member, tion and mediation sessions held, including § 2471.6 Investigation of request; board rec- a staff member, or other individual des- the nature and extent of all other voluntary ommendation and assistance; approval of ignated by the Board to act on its behalf. arrangements utilized. binding arbitration (c) The term hearing means a factfinding (b) A request for approval of a binding arbi- hearing, arbitration hearing, or any other tration procedure must be in writing, jointly (a) Upon receipt of a request for consider- hearing procedure deemed necessary to ac- filed by the parties, and include the follow- ation of an impasse, the Board or its des- complish the purposes of 5 U.S.C. 7119, as ap- ing information about the pending impasse: ignee will promptly conduct an investiga- plied by the CAA. (1) Identification of the parties and indi- tion, consulting when necessary with the (d) The term impasse means that point in viduals authorized to act on their behalf; parties and with any mediation service uti- the negotiation of conditions of employment (2) Brief description of the impasse includ- lized. After due consideration, the Board at which the parties are unable to reach ing the issues to be submitted to the arbitra- shall either: agreement, notwithstanding their efforts to tor; (1) Decline to assert jurisdiction in the do so by direct negotiations and by the use (3) Number, length, and dates of negotia- event that it finds that no impasse exists or of mediation or other voluntary arrange- tion and mediation sessions held, including that there is other good cause for not assert- ments for settlement. the nature and extent of all other voluntary ing jurisdiction, in whole or in part, and so (e) The term Board means the Board of Di- arrangements utilized; advise the parties in writing, stating its rea- rectors of the Office of Compliance. (4) Statement that the proposals to be sub- sons; or (f) The term party means the agency or the mitted to the arbitrator contain no ques- (2) Recommend to the parties procedures, labor organization participating in the nego- tions concerning the duty to bargain; and including but not limited to arbitration, for tiation of conditions of employment. (5) Statement of the arbitration procedures the resolution of the impasse and/or assist (g) The term voluntary arrangements means to be used, including the type of arbitration, them in resolving the impasse through what- any method adopted by the parties for the the method of selecting the arbitrator, and ever methods and procedures the Board con- purpose of assisting them in their resolution the arrangement for paying for the proceed- siders appropriate. of a negotiation dispute which is not incon- ings or, in the alternative, those provisions (b) Upon receipt of a request for approval sistent with the provisions of 5 U.S.C. 7119, of the parties’ labor agreement which con- of a binding arbitration procedure, the Board as applied by the CAA. tain this information. or its designee will promptly conduct an in- Part 2471—Procedures of the Board in § 2471.4 Where to file vestigation, consulting when necessary with the parties and with any mediation service Impasse Proceedings Requests to the Board provided for in this utilized. After due consideration, the Board Sec. part, and inquiries or correspondence on the shall either approve or disapprove the re- 2471.1 Request for Board consideration; re- status of impasses or other related matters, quest; provided, however, that when the request for Board approval of binding ar- should be addressed to the Executive Direc- quest is made pursuant to an agreed-upon bitration. tor, Office of Compliance. procedure for arbitration contained in an ap- 2471.2 Request form. § 2471.5 Copies and service 2471.3 Content of request. plicable, previously negotiated agreement, (a) Any party submitting a request for 2471.4 Where to file. the Board may use an expedited procedure Board consideration of an impasse or a re- 2471.5 Copies and service. and promptly approve or disapprove the request for approval of a binding arbitration 2471.6 Investigation of request; Board rec- quest, normally within five (5) workdays. procedure shall file an original and one copy ommendation and assistance; approval § 2471.7 Preliminary hearing procedures with the Board and shall serve a copy of such of binding arbitration. When the Board determines that a hearing request upon all counsel of record or other 2471.7 Preliminary hearing procedures. is necessary under § 2471.6, it will: designated representative(s) of parties, upon 2471.8 Conduct of hearing and prehearing (a) Appoint one or more of its designees to parties not so represented, and upon any me- conference. conduct such hearing; and diation service which may have been uti- 2471.9 Report and recommendations. (b) issue and serve upon each of the parties lized. When the Board acts on a request from 2471.10 Duties of each party following re- a notice of hearing and a notice of prehear- the Federal Mediation and Conciliation ceipt of recommendations. ing conference, if any. The notice will state: Service or acts on a request from the Execu- 2471.11 Final action by the Board. (1) The names of the parties to the dispute; tive Director, it will notify the parties to the 2471.12 Inconsistent labor agreement provi- (2) the date, time, place, type, and purpose of dispute, their counsel of record or designated sions. the hearing; (3) the date, time, place, and representatives, if any, and any mediation purpose of the prehearing conference, if any; § 2471.1 Request for board consideration; request service which may have been utilized. A (4) the name of the designated representa- for board approval of binding arbitration clean copy capable of being used as an origi- tives appointed by the Board; (5) the issues If voluntary arrangements, including the nal for purposes such as further reproduction to be resolved; and (6) the method, if any, by services of the Federal Mediation and Concil- may be submitted for the original. Service which the hearing shall be recorded. iation Services or any other third-party me- upon such counsel or representative shall diation, fail to resolve a negotiation im- constitute service upon the party, but a copy § 2471.8 Conduct of hearing and prehearing con- passe: also shall be transmitted to the party. ference (a) Either party, or the parties jointly, (b) Any party submitting a response to or (a) A designated representative of the may request the Board to consider the mat- other document in connection with a request Board, when so appointed to conduct a hear- ter by filing a request as hereinafter pro- for Board consideration of an impasse or a ing, shall have the authority on behalf of the vided; or the Board may, pursuant to 5 U.S.C. request for approval of a binding arbitration Board to: 7119(c)(1), as applied by the CAA, undertake procedure shall file an original and one copy (1) Administer oaths, take the testimony consideration of the matter upon request of with the Board and shall serve a copy of the or deposition of any person under oath, re- (i) the Federal Mediation and Conciliation document upon all counsel of record or other ceive other evidence, and issue subpenas; Service, or (ii) the Executive Director; or designated representative(s) of parties, or (2) Conduct the hearing in open, or in (b) The parties may jointly request the upon parties not so represented. A clean closed session at the discretion of the des- Board to approve any procedure, which they copy capable of being used as an original for ignated representative for good cause shown; S10420 CONGRESSIONAL RECORD — SENATE September 12, 1996 (3) Rule on motions and requests for ap- (b) In preparation for taking such final ac- The recent events demonstrate that the pearance of witnesses and the production of tion, the Board may hold hearings, admin- status quo of occupation and forcible divi- records; ister oaths, and take the testimony or depo- sion is unacceptable and is indeed a source of (4) Designate the date on which sition of any person under oath, or it may tension and instability as well as the cause posthearing briefs, if any, shall be submit- appoint or designate one or more individuals of grave injustice and much human suffering. ted; pursuant to 5 U.S.C. 7119(c)(4), as applied by In fact, there is much more in common that (5) Determine all procedural matters con- the CAA, to exercise such authority on its can unite Greek and Turkish Cypriots than cerning the hearing, including the length of behalf. the differences that at present divide them sessions, conduct of persons in attendance, (c) When the exercise of authority under (though, of course, this does not hold true for recesses, continuances, and adjournments; this section requires the holding of a hear- the Anatolian settlers or the ‘‘Grey Wolves’’ and take any other appropriate procedural ing, the procedure contained in § 2471.8 shall imported from Turkey). action which, in the judgment of the des- apply. The Cyprus problem is solvable, and the ignated representative, will promote the pur- (d) Notice of any final action of the Board basis for its solution lies within the param- pose and objectives of the hearing. shall be promptly served upon the parties, eters defined by U.N. resolutions, voted for (b) A prehearing conference may be con- and the action shall be binding on such par- also by the United States. In addition to the ducted by the designated representative of ties during the term of the agreement, unless prospect of Cyprus’s accession to the Euro- the Board in order to: they agree otherwise. pean Union highlighted in The Post’s edi- (1) Inform the parties of the purpose of the § 2471.12 Inconsistent labor agreement provisions torial, the demilitarization of Cyprus is a hearing and the procedures under which it key element. In a resolution overwhelmingly Any provisions of the parties’ labor agree- adopted by the House of Representatives last will take place; ments relating to impasse resolution which (2) Explore the possibilities of obtaining September, Congress ‘‘considers that ulti- are inconsistent with the provisions of either mate, total demilitarization of the Republic stipulations of fact; 5 U.S.C. 7119, as applied by the CAA, or the (3) Clarify the positions of the parties with of Cyprus would meet the security concerns procedures of the Board shall be deemed to of all parties involved, would enhance pros- respect to the issues to be heard; and be superseded. (4) Discuss any other relevant matters pects for a peaceful and lasting resolution of f which will assist the parties in the resolu- the dispute regarding Cyprus, would benefit tion of the dispute. A JUST AND LASTING SOLUTION all of the people of Cyprus, and merits international support.’’ § 2471.9 Report and recommendations TO THE CYPRUS PROBLEM There has been no lack of prominent dip- (a) When a report is issued after a hearing Mr. PELL. Madam President, the re- lomats engaged in the search for a Cyprus conducted pursuant to § 2471.7 and 2471.8, it cent shooting of two young Greek Cyp- settlement, including Richard Holbrooke, normally shall be in writing and, when au- riots and a Turkish Cypriot soldier Richard Beattie and, most recently, U.N. thorized by the Board, shall contain rec- Ambassador Madeleine Albright. We cer- ommendations. have raised tension on Cyprus to a tainly welcome such engagement. What is (b) A report of the designated representa- higher level than has been experienced lacking, however, is the political will and tive containing recommendations shall be in many years. These events dem- the flexibility necessary to make a break- submitted to the parties, with two (2) copies onstrate that the status quo of foreign through toward a compromise solution on to the Executive Director, within a period occupation and forcible division of the the part of Ankara, which has long held the normally not to exceed thirty (30) calendar island is unacceptable and dangerous key to such a solution through its military, days after receipt of the transcript or briefs, to peace and stability in the area. economic and political dominance of the oc- cupied northern part of Cyprus since 1974. if any. Above all, the recent killings high- (c) A report of the designated representa- Regrettably, the current regime in Turkey tive not containing recommendations shall light the need to demilitarize Cyprus does not hold much promise that this will be submitted to the Board with a copy to as a first step toward achieving a just happen soon, unless there is a concerted each party within a period normally not to and lasting solution to the Cyprus international effort directed toward Ankara. exceed thirty (30) calendar days after receipt problem. Last fall, the U.S. House of A just and lasting solution to the Cyprus of the transcript or briefs, if any. The Board Representatives adopted a resolution problem is to the benefit of all parties con- shall then take whatever action it may con- calling for demilitarization and it was cerned and is in fact crucial to improved relations between Greece and Turkey. For the sider appropriate or necessary to resolve the subsequently approved by the Senate impasse. United States, which has excellent relations Foreign Relations Committee. The with Cyprus as highlighted during the recent § 2471.10 Duties of each party following receipt need for demilitarization is even great- visit of President Glafcos Clerides to Wash- of recommendations er now than it was last year. ington, such a solution enjoys bipartisan (a) Within thirty (30) calendar days after Neither demilitarization nor a com- support and is in the national interest. It can receipt of a report containing recommenda- prehensive settlement of the Cyprus be achieved with active U.S. engagement and tions of the Board or its designated rep- problem will occur, however, unless will be a foreign policy success for the Unit- resentative, each party shall, after confer- ed States and indeed for any administration. ring with the other, either: Turkey demonstrates the political will The issue is not to just ‘‘try everything’’ (1) Accept the recommendations and so no- and flexibility to arrive at a com- but to take all appropriate and effective tify the Executive Director; or promise solution to the division of Cy- steps to end the division of the island and (2) Reach a settlement of all unresolved is- prus. In order for that to happen, the safeguard the security and human rights of sues and submit a written settlement state- United States and its European allies all its people in a demilitarized, federal Cy- ment to the Executive Director; or must make a concerted effort to con- prus within the European Union. (3) Submit a written statement to the Ex- vince Turkey that an end to the divi- ANDREW J. JACOVIDES, ecutive Director setting forth the reasons for sion of Cyprus is in everyone’s security Ambassador. not accepting the recommendations and for f not reaching a settlement of all unresolved interest. issues. The Ambassador of Cyprus in Wash- DEFERRAL OF ACTION ON (b) A reasonable extension of time may be ington, Andrew J. Jacovides, has very CHEMICAL WEAPONS CONVENTION authorized by the Executive Director for persuasively laid out the case for such Mr. PELL. Madam President, earlier good cause shown when requested in writing an effort in a letter to the editor of the by either party prior to the expiration of the today the majority and minority co- Washington Post that was published on operated in the vitiation of a unani- time limits. September 9. I ask unanimous consent § 2471.11 Final action by the board mous-consent agreement under which a that the full text of his letter be print- landmark international agreement, the (a) If the parties do not arrive at a settle- ed at this point in the RECORD. ment as a result of or during actions taken Chemical Weapons Convention, was to There being no objection, the letter have been considered. I hope very much under § 2471.6(a)(2), 2471.7, 2471.8, 2471.9, and was ordered to be printed in the 2471.10, the Board may take whatever action that the Senate will be able to return RECORD, as follows: is necessary and not inconsistent with 5 to that treaty under more favorable U.S.C. chapter 71, as applied by the CAA, to CYPRUS: THE PROBLEM IS SOLVABLE circumstances. resolve the impasse, including but not lim- The editorial ‘‘Cyprus: Try Everything’’ It is important to understand that ited to, methods and procedures which the [Aug. 26], though well intended and timely, the treaty had been subjected to a bar- Board considers appropriate, such as direct- particularly in the wake of the recent brutal rage of criticism in recent weeks— ing the parties to accept a factfinder’s rec- murders of two unarmed young Greek Cyp- ommendations, ordering binding arbitration riots who were peacefully demonstrating some of it apparently motivated by a conducted according to whatever procedure their justifiable feelings against Turkish oc- simple desire to kill the treaty. As a the Board deems suitable, and rendering a cupation, miscasts some of the main rel- result the treaty’s merits were some- binding decision. evant issues. what obscured. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10421 The Senate’s former majority leader, myriad violations moves the standard Secretary of State Christopher ar- former Senator Robert Dole, the Re- to the realm of impossibility, as Mr. gued: publican Party’s current candidate for Dole and treaty opponents know fully. No treaty is 100 percent verifiable, but the President, expressed certain reserva- President George Bush concluded Convention is carefully structured so that tions yesterday. Mr. Dole indicated that the treaty was indeed effectively Parties tempted to cheat will never be sure that he would only support the treaty verifiable. In a July 18, 1994, letter to they can evade detection and sanctions. The if we had high confidence that our in- me, former President Bush wrote: sooner the Convention enters into force, the telligence community would detect The United States worked hard to ensure sooner those countries possessing or seeking chemical weapons will have to make a violations and that the treaty will be that the Convention could be effectively verified. At the same time, we sought the choice: abide by its provisions or suffer the truly global and include such parties as weight of penalties and sanctions imposed by Iraq, Iran, Syria, Libya, and North means to protect both United States security interests and commercial capabilities. I the international community. Korea. am convinced that the Convention we signed Secretary of Defense Perry stated: In the context of the Dole comments served both objectives, effectively banning The Chemical Weapons Convention con- it became clear that the Senate would chemical weapons without creating an un- tains the most extensive verification provi- probably have to consider two amend- necessary burden on legitimate activities. sions of any arms control regime. It consists ments offered by the majority as pro- Our highest current military author- of detailed declarations, routine inspections vided for in the unanimous-consent ity, General John Shalikashvili, Chair- of declared sites and short notice challenge agreement. The first amendment ap- man of the Joint Chiefs of Staff, said in inspections. With its complementary and peared likely to prohibit the President testimony prepared for the Committee overlapping verification requirements, the Chemical Weapons Convention’s regime pro- from depositing the U.S. instrument of on Foreign Relations: ratification unless the Director of vides the means to help deter a state party While no treaty is 100 percent verifiable, from violating the provisions of the Conven- Central Intelligence certified to the the CWC is effectively verifiable. It provides tion. Therefore, we are confident that activi- Senate that the intelligence commu- for complementary and overlapping verifica- ties such as the destruction of declared nity could monitor the treaty with tion requirements that help deter CW viola- chemical weapons stocks and production fa- high confidence. The second amend- tions. The CWC does this through the most cilities can be verified. We are confident that ment would have prevented the Presi- intrusive verification provisions of any arms we will be able to detect large-scale produc- dent from depositing the instrument of control regime to date. This verification re- tion, filling and stockpiling of chemical gime consists of declarations, routine inspec- weapons. ratification until he certified that such tions of declared facilities, and short notice so-called rogue states as Iran, Iraq, challenge inspection of any facility. Of note, With regard to the desire that the Libya, North Korea, and Syria had some of the convention’s imperfection was convention be truly global, I would ratified the treaty. intentional in order to protect our military point out that history demonstrates The first amendment would have es- interests. The regime allows military com- that well-conceived treaties, such as tablished an impossible standard, since manders to protect classified information, the Chemical Weapons Convention is, no Director of Central Intelligence equipment, and facilities unrelated to the pick up parties over time and become could ever make such a certification Convention. worldwide in scope. That was certainly with regard to the Chemical Weapons In response to concerns regarding true of the Limited Test Ban Treaty Convention. clandestine programs, Secretary of De- and the nuclear Non-Proliferation It is the very nature of chemical fense William J. Perry argued, Treaty. If we were to wait to join until weapons that they can be made with While we recognize that detecting illicit all nations that caused us concern had very simple equipment and in small production of small quantities of chemical joined, there is no question in my mind spaces. Nations or terrorist groups weapons will be extremely difficult, we also that the convention would be hobbled recognize that that would be even more dif- by our absence over a number of years. could certainly succeed in manufactur- ficult without a Chemical Weapons Conven- ing quantities of lethal chemicals. Cer- tion. In fact, the Chemical Weapons Conven- It is no threat to Iraq, Iran, Syria, tainly no Director of Central Intel- tion verification regime, through its declara- Libya, and North Korea to say that we ligence could ever express high con- tion, routine inspection, fact-finding, con- will not join the treaty until they do. fidence about abilities to detect all sultation and challenge inspections, should Rather than our applying pressure on such activities. prove effective in providing a wealth of in- them, it is more likely that such a Most of those familiar with the trea- formation on possible chemical weapons pro- stance would be used by the rogue ty understand that it represents a de- grams that simply would not be available states to apply pressure to us. It makes parture from the high confidence of de- without the convention. far more sense to start out, as envis- tection that could be applied in earlier Mr. John Holum, Director of the U.S. aged by the treaty, with a minimum of accords dealing with strategic offen- Arms Control and Disarmament Agen- 65 states parties and build from that sive arms, for instance. Silos can be cy stated: point and be in a position to apply ef- counted and so can submarines and While no treaty is 100 percent verifiable, fective international pressure upon their missiles. Bombers at airfields are the CWC will increase the risk of detection rogue states to behave themselves and and therefore help deter illicit chemical get into the treaty. clearly visible. weapons activities. Its declaration and in- We must understand now that we are spection provisions will help build a web of Madam President, The Chemical entering new fields of arms control and deterrence, detection, and possible sanctions Weapons Convention, if successful, will that there are going to be fewer abso- that reduces the incentives for states to ban the production, acquisition, stock- lute certainties. build chemical weapons. piling, and use of chemical weapons. The important standard to be met The then-Director of the Central In- In it each State Party undertakes with regard to verification of arms con- telligence Agency, Mr. R. James Wool- never, under any circumstances, to de- trol agreements is that we would be sey stated: velop, produce, otherwise acquire, able to detect any militarily signifi- The Chemical Weapons Convention pro- stockpile or retain chemical weapons, cant illegal activity under the treaty vides the intelligence community with a new or transfer, directly or indirectly, and be able to respond to that activity tool to add to our collection tool kit. It is an chemical weapons to anyone; before any damage to our national se- instrument with broad applicability, which Use chemical weapons; curity interests could occur. can help resolve a wide variety of problems. Engage in any military preparations Mr. Dole tied the impossible demand Moreover, it is a universal tool which can be to use chemical weapons; and for high confidence in verification to used by diplomats and politicians, as well as Assist, encourage or induce, in any intelligence specialists, to further a common insistence that the convention be effec- goal: elimination of the threat of chemical way, anyone to engage in any activity tively verifiable. Effective verification weapons. prohibited to a State Party under this alone is a standard most experts be- Mr. Woolsey also added: convention. lieve this convention should meet and In addition each State Party under- The isolation and adverse attention that has met. The need for effective ver- nonsignatories will draw upon themselves takes, all in accordance with the provi- ification has been a commonly accept- may spur greater multinational cooperation sions of the convention to destroy the ed standard for years. Insistence on in attempting to halt offensive chemical chemical weapons it owns or possesses high confidence of the detection of weapons programs. or that are located in any place under S10422 CONGRESSIONAL RECORD — SENATE September 12, 1996 its jurisdiction or control; the course of the negotiation and we are attempting to ban chemical Destroy all chemical weapons it worked carefully to ensure that the weapons. abandoned on the territory of another chemical weapons ban would be effec- The result of all this is certainly not State Party; and tive and that it would be quite manage- a perfect world and all of our efforts Destroy any chemical weapons pro- able from the standpoint of business. are not completely successful. We duction facilities it owns or possesses Government officials also have been in- know, for instance, that there are bio- or that are located in any place under volved in efforts to ensure that imple- logical weapons in the world. We know its jurisdiction or control. mentation of the convention would that there will be chemical weapons in Finally, each State Party undertakes constitute the smallest inconveniences the world—even under this convention not to use riot control agents as a possible. when ratified. We know that we cannot method of warfare. In that connection, I received a very solve the world’s woes immediately The Chemical Weapons Convention informative letter today from the Hon- through such accords, but we can provides for both routine and challenge orable Michael Kantor, Secretary of change the goals of the world and we inspections to assist in the verification Commerce, and Mr. Philip Lauder, the can change the direction of the body of of compliance with the convention. Administrator of the Small Business nations. With the Chemical Weapons Madam President, as chairman of the administration dealing with a number Convention we will move away from a Committee on Foreign Relations, I of misconceptions regarding the im- situation which those who wish to have held six public hearings and three pact of the convention on small busi- chemical weapons are free to have closed sessions of the committee in ness. Also today, I received additional them, if not to use them, to a new situ- 1994. In those hearings, witnesses in- information in a letter from Mr. Fred- ation in which the responsible nations cluded Secretary of State Warren erick L. Webber, president and chief of the world will be doing their best to Christopher; the Chairman of the Joint executive officer of the Chemical Man- banish this class of weapons from the Chiefs of Staff, Gen. John ufacturers Association. I ask that the face of the Earth. Shalikashvili; the Director of the Unit- letter be printed in the RECORD follow- The failure to take this could prove ed States Arms Control Association, ing my remarks. most unfortunate. A U.S. decision not John D. Holum; the U.S. negotiator for The PRESIDING OFFICER. Without to join the Chemical Weapons Conven- the convention, Ambassador Stephen J. objection, it is so ordered. tion would not stop it from entering Ledogar; the Director of Central Intel- (See exhibit 1.) into force, but would surely undermine ligence, R. James Woolsey; and other Mr. PELL. Earlier I drew to my fel- the effectiveness of the treaty and senior officers of the national security low Senators, attention a letter signed would be harmful to critically impor- and foreign policy agencies of the exec- by 53 senior executives of the chemical tant U.S. interests in identifying and utive branch. In addition, the commit- industry in support of the convention. I dealing with chemical weapons threats tee received extensive testimony from ask unanimous consent that that Au- in various parts of the world. It is not a number of nongovernmental wit- gust 29 letter be printed in the RECORD in our interest to be on the outside nesses. We were very careful to receive following my remarks. looking in as the Chemical Weapons testimony from critics, as well as sup- The PRESIDING OFFICER. Without Convention is set up. porters, of the treaty so that the com- objection, it is so ordered. Madam President, this convention mittee and the Senate would be as- (See exhibit 2.) enjoys the support of a number of Re- sured the opportunity to receive a bal- Mr. PELL. Lastly, I would like to publican Senators and has virtually anced and reasoned judgment on the make a matter of public record the unanimous Senate Democratic support. merits of the convention. widespread support the convention en- I hope that the Senate will wisely re- Earlier this year, the committee held joys in the arms control community. I turn to consideration of this conven- wrap-up hearings on the convention be- ask unanimous consent that a Septem- tion at an opportune and early mo- fore marking up the treaty this spring. ber 3 letter to me and my fellow Mem- ment. There is no question in my mind Both critics and supporters were heard. bers urging approval of the Chemical that we will pay a price for today’s re- I and other supporters concluded fol- Weapons Convention also be printed in grettably necessary decision. We can lowing these final hearings that the the RECORD following my remarks. hope that the opportunity will return United States would clearly benefit The PRESIDING OFFICER. Without to get the United States back on track and could not suffer significant harm objection, it is so ordered. with regard to a chemical weapons ban. through joining the treaty and helping (See exhibit 3.) to ensure its success. Mr. PELL. We cannot ignore now the EXHIBIT 1 On April 25, the committee voted by fact that the Chemical Weapons Con- THE SECRETARY OF COMMERCE, a 2-to-1 margin, 12 to 6, to approve a vention is an integral part of a contin- Washington, DC, September 12, 1996. substitute resolution of ratification I uum of arms control agreements that Hon. CLAIBORNE PELL, offered with the Senator from Indiana, developed in the period since the Sec- Ranking Minority Member, Senate Foreign Re- ond World War. In that period we have lations Committee, U.S. Senate, Washing- [Mr. LUGAR] we were joined as co-spon- ton, DC. ASSE embarked on undertakings that ban sors in this venture by Senators K - DEAR SENATOR PELL: We are writing to BAUM, BIDEN, DODD, and KERRY. nuclear weapons in outer space, on the clarify a number of misconceptions regard- In our resolution, which was fully ocean floor, that limit nuclear weapons ing the impact of the Chemical Weapons supported by the executive branch, we elsewhere in the world and have re- Convention (CWC) on small business. Con- made every effort to identify areas of sulted in the removal, following de- trary to a number of allegations, the CWC legitimate concern and to deal effec- ployment, of a whole class of nuclear will not impose a burdensome reporting re- tively with them. missiles from Europe. The nations of quirement on small businesses nor will it Madam President, I would hope that the world have joined together in a subject them to a frequent and intrusive re- the resolution adopted by the commit- truly global effort to prevent the pro- gime of international inspections. liferation of nuclear weapons and they The Administration estimates that about tee with strong bipartisan support will 2000 firms will be required to submit a data help the Senate when it returns to con- took advantage of the opportunity last declaration. The reporting burden on smaller sideration of this vitally important year to extend the non-proliferation chemical companies will focus mainly on venture. treaty indefinitely, without condition. producers of ‘‘Unscheduled Discrete Organic Madam President, a number of con- We and the former Soviet Union forged Chemicals’’ (carbon compounds). The vast cerns have been expressed regarding ahead with a series of agreements lim- majority of these—some 1800–1900—firms, the possible effects on business of the iting strategic offensive and defensive many of which are smaller companies, will Chemical Weapons Convention. Some missiles and those agreements have only be required to submit annual reports fear that the convention would pose a now been broadened to include other that identify aggregate production ranges (e.g., this plant site produced over 10,000 new and onerous burden on businesses successor states of the former Soviet metric tons of Unscheduled Discrete Organic throughout the country. It is impor- Union. More than 2 decades ago the na- Chemicals last year.) They will not be re- tant to understand that industry rep- tions of the world agreed to ban bio- quired to identify the specific chemicals that resentatives were involved throughout logical weapons. With this agreement were produced. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10423 Previously, the Administration had esti- Chemical Manufacturers Association [CMA] The chemical industry has long supported mated that more companies would be re- has carefully reviewed the impact of the the CWC. Our industry participated in nego- quired to submit a data declaration. How- CWC on industry. We tested the CWC’s re- tiating the agreement, and in U.S. and inter- ever, additional analysis indicated that porting and inspections obligations. We bal- national implementation efforts. The treaty many did not cross the CWC production anced the costs and benefits of this treaty, contains substantial protections for con- threshold for reporting. Further, administra- and found that the benefits far outweigh the fidential business information [CBI]. We tive exemptions at the Organization for the costs. know, because industry helped to draft the Prohibition of Chemical Weapons [OPCW] The CWC will require approximately 2,000 CBI provisions. Chemical companies also will be crafted to exclude entire industries commercial facilities in the United States to help test the draft CWC reporting system, from reporting—biomediated processes (such report on their activities. More than 90 per- and we tested the on-site inspection proce- as certain beverages) and polymers (such as cent of those facilities will only need to file dures that will help verify compliance with plastics used in football helmets). In addi- a simple two-page form, once a year with the the treaty. In short, our industry has thor- tion, plant sites that exclusively produce hy- government. A second, smaller group of 200 oughly examined and tested this Convention. drocarbons (e.g. propane and ethylene) are facilites will have more detailed reporting We have concluded that the benefits of the completely excluded from any reporting re- requirements, and may be subject to on-site CWC far outweigh the costs. quirements. inspections. CMA’s members worked closely Indeed, the real price to pay would come This ‘‘Unscheduled Discrete Organic with the government in drafting the report- from not ratifying the CWC. The treaty calls Chemicals’’ data declaration does not re- ing forms, and in two separate ‘‘road tests’’ for strict restrictions on trade with nations quire any information regarding imports, ex- of the reporting system, reported that the which are not party to the Convention. The ports, usage or processing. We estimate that system was indeed reasonable. CMA mem- chemical industry is America’s largest exit will take a few hours to complete this bers also helped craft the inspection proce- port industry, posting $60 billion in export ‘‘Unscheduled Discrete Organic Chemical’’ dures under the Convention. Those proce- sales last year. But our industry’s status as form the first time. Subsequent annual re- dures have been tested in commercial facili- the world’s preferred supplier of chemical porting should be much more simple and ties in the United States, to favorable re- products may be jeopardized if the U.S. does take less time. views. not ratify the Convention. If the Senate does No manufacturer of ‘‘Unscheduled Discrete The second category of affected facilities not vote in favor of the CWC, we stand to Organic Chemicals’’ will be subject to a rou- are those that produce commercial chemi- lose hundreds of millions of dollars in over- tine inspection during the first three years. cals that can be diverted into weapons pro- seas sales, putting at risk thousands of good- After three years, OPCW will address the duction. It is important to note that even paying American jobs. issue of inspections for manufacturers of these facilities have significant protections The U.S. chemical industry has spent more ‘‘Unscheduled Discrete Organic Chemicals’’. under the CWC, such as the ability to nego- than 15 years working on this agreement, It is unlikely that many of these producers tiate how inspections are conducted, and the and we long ago decided that ratifying the would ever be inspected. ability to protect sensitive trade secrets. CWC is the right thing to do. We anticipate that there will be very few Companies affected by these provisions have We urge you to vote in support of the challenge inspections and the prospect for a tested the draft U.S. reporting forms, and Chemical Weapons Convention. challenge inspection of a small producer of even offered their facilities to test inspec- Sincerely, ‘‘Unscheduled Discrete Organic Chemicals’’ tion procedures. They reported to CMA that J. Lawrence Wilson, Chairman & CEO, is remote indeed. It is likely that whatever the CWC’s benefits far out-weighed the com- Rohm and Has Company, Chairman, Board of challenge inspection requests are issued will paratively smaller cost of implementation. Directors, Chemical Manufacturers Associa- be directed at military facilities. These fa- We are confident that between CMA and tion. cilities are well prepared to protect classi- the other national trade associations with Alan R. Hirsig, President & CEO, ARCO fied and other sensitive information. whom we have worked (including the Syn- Chemical Company, Chairman, Executive In this regard, we want to make it clear thetic Organic Chemical Manufacturers As- Committee, Chemical Manufacturers Asso- that the Synthetic Organic Chemical Manu- sociation and the Pharmaceutical Research ciation. facturers Association (SOCMA) and its 260 and Manufacturers of America, among oth- H.A. Wagner, Chairman, President & CEO, members support ratification of the CWC. ers), the overwhelming majority of compa- Air Products & Chemicals, Inc. SOCMA’s member companies are typically nies that have possible CWC-related obliga- D.J. D’Antoni, President, Ashland Chemi- small businesses with fewer than 50 employ- tions know and understand their responsibil- cal Company. ees and less than $50 million in annual sales. ities. Helge H. Wehmeier, President & CEO, Further, in a joint statement issued on Sep- The Senate should not learn belatedly Bayer Corporation. tember 10, 1996, SOCMA, the Chemical Manu- about the implications of the Convention for John D. Ong, Chairman & CEO, The facturers Association [CMA] and the Phar- business, and business should not learn be- BFGoodrich Company. maceutical Research Manufacturers Associa- latedly about its obligations under the Con- Robert R. Mesel, President, BP Chemicals, tion [PHARMA] noted that ‘‘We urge the vention. That is why education and outreach Inc. Senate to support this historic arms control has been one of our major goals on the CWC. Charles M. Donohue, Vice President, Akzo agreement, and the prompt passage of the That is why we have worked cosely with the Nobel Chemicals, Inc. accompanying implementing legislation.’’ U.S. and other governments to focus the J. Dieter Stein, Chairman & CEO, BASF In short, the industry that will be affected Convention on those facilities that may pose Corporation. by the CWC has taken a strong position in a risk to the goal of a world free from chemi- W.R. Cook, Chairman, President & CEO, support of Senate ratification. We urge you cal weapons. Betz Dearborn, Inc. to listen to their advice and ratify this im- For your further information, I have en- Joseph M. Saggese, President & CEO, Bor- portant treaty. closed a copy of my May 9, 1996 letter that den Chemicals & Plastics, LP. Sincerely, was sent to all senators, which details the Dr. Aziz I. Asphahani, President & CEO, MICHAEL KANTOR, commercial impact of the CWC. Carus Chemical Company. Secretary of Com- The American chemical industry fully sup- Vincent A. Calarco, Chairman, President & merce. ports this treaty. Senator, I urge you to vote CEO, Crompton & Knowles Corporation. PHILIP LADER, in favor of the Chemical Weapons Conven- Richard A. Hazleton, Chairman & CEO, Administrator, Small tion. Dow Corning Corporation. Business Adminis- If you have any questions concerning the Howard J. Rudge, Senior Vice President & tration. chemical industry’s support for the CWC, General Counsel, E.I. duPont de Nemours & Company. EXHIBIT 2 please have your staff contact me or Claude Boudrias, Legislative Representative for Richard G. Fanelli, President & CEO, CHEMICAL Trade & Tax at 703/741–5915 Enthone-OMI Inc. MANUFACTURERS ASSOCIATION, Sincerely, J.E. Akitt, Executive Vice President, Arlington, VA, September 9, 1996. Exxon Chemical Company. FREDERICK L. WEBBER, Hon. CLAIBORNE PELL, President & CEO. William S. Stavropoulos, President & CEO, U.S. Senate, The Dow Chemical Company. Washington, DC. EXHIBIT 3 Earnest W. Deavenport, Jr., Chairman of DEAR SENATOR PELL: As the Senate pre- AUGUST 29, 1996. the Board & CEO, Eastman Chemical Com- pares to consider the Chemical Weapons Con- Hon. CLAIBORNE PELL, pany. vention (CWC), questions have been raised U.S. Senate, Bernard Azoulay, President & CEO, Elf about the impact of the treaty on the com- Washington, DC. Atochem North America. mercial chemical industry in the United DEAR SENATOR PELL: The undersigned sen- Bruce C. Gottwald, CEO, Ethyl Corpora- States. I want to reassure you that the U.S. ior executives of chemical companies urge tion. chemical industry unequivocally supports your vote in support of the Chemical Weap- Ron W. Haddock, President & CEO, FINA, this Convention. ons Convention [CWC], and quick Senate ac- Inc. As I stated before the Senate Foreign Rela- tion on legislation to implement this impor- Robert N. Burt, Chairman & CEO, FMC tions Committee on numerous occasions, the tant treaty. Corporation. S10424 CONGRESSIONAL RECORD — SENATE September 12, 1996 Otto Furuta, V.P. Global Logistics & Mate- among potential rivals that they can avoid a Lindsay Mattison, Executive Director, rials, Management, Great Lakes Chemical chemical arms race. It will also help keep International Center. Corporation. these weapons out of the hands of terrorists. Timothy A. McElwee, Director, Church of R. Keith Elliott, President & COO, Hercu- The United States chemical industry the Brethen, Washington Office. les, Inc. strongly supports the Convention. The Pen- Matthew Meselson, Professor of Molecular Hans C. Noetzli, President & CEO, Lonza tagon strongly supports the agreement as Biology, Harvard University. Inc. well. It is most certainly in both the na- Terence W. Miller, Director, Maryknoll Robert G. Potter, Executive Vice Presi- tional and international interest to achieve Justice & Peace Office. dent, Monsanto Company. the global elimination of a class of weapons Bobby Muller, President, Vietnam Veter- Dr. William L. Orton, Senior Vice Presi- that have proved more dangerous to inno- ans of American Foundation. dent, Chemical Operations, Givaudan-Roure cent civilians than to military forces. Robert K. Musil, Executive Director, Phy- Corporation. By its terms, the Convention enters into sicians for Social Responsibility. Michael R. Boyce, President & COO, Harris force 180 days after the 65th state has depos- Maurice Paprin, President, Fund for New Chemical Group. ited its instruments of ratification with the Priorities in America. Albert M. Pennybacker, Director, Washing- Thomas F. Kennedy, President & CEO, U.N. Secretary General. Sixty-one countries ton Office National Council of Churches. Hoechst Celanese Corporation. have ratified the Convention at this point. Ann Rhee, Office of Public Policy, United Mack G. Nichols, President & COO, Timely action by the Senate will send a Methodist Church, Women’s Division. Mallinckrodt Group, Inc. clear signal of strong U.S. support, allowing Rev. Meg Riley, Director, Washington Of- S. Jay Stewart, Chairman & CEO, Morton the United States to exert its full leadership fice for Faith in Action, Unitarian Universal- International, Inc. in persuading other countries to ratify. ist Association. E.J. Mooney, Chairman & CEO, Nalco We urge the Senate to approve as quickly Caleb Rossiter, Director, Demilitarization Chemical Company. as possible the Chemical Weapons Conven- for Democracy. Jeffrey M. Lipton, President, NOVA Cor- tion, to oppose crippling reservations or Rabbi David Saperstein, Director, Reli- poration. amendments, and at the same time move gious Action Center for Reform Judaism. Donald W. Griffin, Chairman, President & ahead with elimination of these heinous Mark P. Schlefer, President, Lawyers Alli- CEO, Olin Corporation. weapons from our arsenal. ance for World Security, Committee for Na- Peter R. Heinze, Senior Vice President, Yours sincerely, tional Security. Chemicals, PPG Industries, Inc. John B. Anderson, President, World Fed- Vice Admiral John Shanahan, U.S. Navy Phillip D. Ashkettle, President & CEO, eralist Association. (Ret.), Director, Center for Defense Informa- Reichhold Chemicals, Inc. Fr. Robert J. Brooks, Director of Govern- tion. Ronald L. Spraetz, V.P., External Affairs & ment Relations, The Episcopal Church. Susan Shaer, Executive Director, Women’s Quality, National Starch & Chemical Com- Mark B. Brown, Assistant Director for Ad- Action for New Directions. pany. vocacy, Lutheran Office for Governmental Alice Slater, Executive Director, Econo- J. Roger Hirl, President & CEO, Occidental Affairs, Evangelical Lutheran Church in mists Allied for Arms Reductions. Chemical Corporation. America. Amy E. Smithson, Senior Associate, CWC David Wolf, President, Perstorp Polyols, J. Daryl Byler, Director, Washington Of- Implementation Project, The Henry L. Inc. fice, Mennonite Central Committee. Stimson Center. Ronald H. Yocum, Chairman, President & Robin Caiola, Co-Director, 20/20 Vision Na- Jeremy J. Stone, President, Federation of CEO, Quantum Chemical Company. tional Project. American Scientists. Thomas E. Reilly, Jr., Chairman, Reilly In- Becky Cain, President, League of Women Kathy Thorton, RSM, National Coordina- dustries, Inc. Voters. tor, Network: A National Catholic Social Peter J. Neff, President & CEO, Rhone- Rev. Drew Christiansen, S.J., Director of Justice Lobby. Poulenc, Inc. the Office of International Peace and Jus- Kay van der Horst, Director, CTA/Bellona Nicholas P. Trainer, President, Sartomer tice, United States Catholic Conference. Foundation USA. Edith Villastrigo, Legislative Director, Company. Nancy Chupp, Legislative Director, Church Women Strike for Peace. J. Virgil Waggoner, President & CEO, Ster- Women United. Ross Vincent, Chair, Environmental Qual- ling Chemicals, Inc. Gordon Clark, Executive Director, Peace Action. ity Strategy Team, Sierra Club. W.H. Joyce, Chairman, President & CEO, Joe Volk, Executive Secretary, Friends Union Carbide Corporation. Tom Clements, Senior Campaigner, Inter- national Nuclear Campaign, Greenpeace. Committee on National Legislation. Arthur R. Sigel, President & CEO, Velsicol Frank Von Hippel, Princeton University. Chemical Corporation. Thomas B. Cochran, Senior Scientist, Nat- f Roger K. Price, Senior V.P., Mining & ural Resources Defense Council. Manufacturing, R.T. Vanderbilt Company, David Culp, Legislative Correspondent, MESSAGES FROM THE HOUSE Inc. Plutonium Challenge. F. Quinn Stepan, Chairman & President, Johathan Dean, Adviser for International At 10:44 a.m., a message from the Stepan Company. Security, Union of Concerned Scientists. House of Representatives, delivered by William H. Barlow, Vice President, Busi- Ralph DeGennaro, Co-Director, Taxpayers Ms. Goetz, one of its reading clerks, an- ness Development, Texas Brine Corporation. for Common Sense. nounced that the House has passed the Robert J. Mayaika, President, CEO & Dr. Thom White Wolf Fassett, General Sec- following bill, without amendment retary, United Methodist Board of Church Chairman, Uniroyal Chemical Company, Inc. S. 1669. An act to name the Department of John Wilkinson, Director of Government and Society. Jerry Genesio, Executive Director, Veter- Veterans Affairs medical center in Jackson, Affairs, Vulcan Chemicals. Mississippi, as the ‘‘G.V. (Sonny) Montgom- Albert J. Costello, Chairman, President & ans for Peace. Stephen Goose, Program Director, Human ery Department of Veterans’ Affairs Medical CEO, W.R. Grace & Company. Rights Watch, Arms Project. Center. Bruce Hall, Nuclear Disarmament Cam- The message also announced that the EXHIBIT 4 paigner, Greenpeace, USA. House has passed the following bills, in APPROVE THE CHEMICAL Howard W. Hallman, Chair, Methodists which it requests the concurrence of WEAPONS CONVENTION, United for Peace With Justice. the Senate: Washington, DC, September 3, 1996. John Isaacs, President, Council for a Liv- DEAR SENATOR: We urge the Senate to ap- able World. H.R. 3539. An act to amend title 49, United prove the Chemical Weapons Convention Amy Isaacs, National Director, Americans States Code, to reauthorize programs of the when it comes to a vote in September. for Democratic Action. Federal Aviation Administration, and for The Convention, negotiated and signed by Elenora Giddings Ivory, Director, Washing- other purposes. former President George Bush, is one of the ton Office, Presbyterian Church (USA). H.R. 3863. An act to amend the Higher Edu- most significant treaties in the history of Wayne Jaquith, President, Public Edu- cation Act of 1965 to permit lenders under arms control. It will ban an entire class of cation Center. the unsubsidized Federal Family Education weapons of mass destruction, including pro- Spurgeon M. Keeny, Jr., President, Arms Loan program to pay origination fee on be- duction, possession, transfer or use of chemi- Control Association. half of borrowers. cal weapons. It will require all parties to de- Michael Krepon, President, Stimson Cen- The Message further announced that stroy their chemical weapons stockpiles and ter. the House disagrees to the amendments production facilities and to open their chem- Ambassador James Leonard, Former U.S. of the Senate to the bill (H.R. 3666) ical industries to international inspection. Disarmament Negotiator. making appropriations for the Depart- The Chemical Weapons Convention is a Jay Lintner, Director, Washington Office, valuable instrument for combating the United Church of Christ, Office for Church in ments of Veterans Affairs and Housing spread of weapons of terror and mass de- Society. and Urban Development, and for sun- struction. The treaty’s destruction and ver- James Matlack, Director, Washington Of- dry independent agencies, boards, com- ification provision can build confidence fice, American Friends Service Committee. missions, corporations, and offices for September 12, 1996 CONGRESSIONAL RECORD — SENATE S10425 the fiscal year ending September 30, ties of the Department of Defense, for mili- 1996; to the Committee on Agriculture, Nu- 1997, and for other purposes, and agrees tary construction, and for defense activities trition, and Forestry. to the conference asked by the Senate of the Department of Energy, to prescribe EC–4049. A communication from the Direc- tor of the Office of Sustainable Fisheries in on the disagreeing votes of the two personnel strengths for such fiscal year for the Armed Forces, and for other purposes. the National Marine Fisheries Service of the Houses thereon; and appoints Mr. National Oceanic and Atmospheric Adminis- LEWIS of California, Mr. DELAY, Mrs. The enrolled bills were signed subse- tration, U.S. Department of Commerce, VUCANOVICH, Mr. WALSH, Mr. HOBSON, quently by the President pro tempore transmitting, pursuant to law, a rule con- Mr. KNOLLENBERG, Mr. FRELINGHUYSEN, (Mr. THURMOND). cerning fisheries of the exclusive economic Mr. NEUMANN, Mr. LIVINGSTON, Mr. f zone off Alaska (received on September 11, 1996); to the Committee on Commerce, STOKES, Mr. MOLLOHAN, Mr. CHAPMAN, MEASURE REFERRED Science, and Transportation. Ms. KAPTUR, and Mr. OBEY as the man- EC–4050. A communication from the Dep- agers of the conference on the part of The following bill was read the first uty Assistant Director for Fisheries in the the House. and second times by unanimous con- National Marine Fisheries Service of the Na- The message also announced that the sent and referred as indicated. tional Oceanic and Atmospheric Administra- House disagrees to the amendment of H.R. 3863. An act to amend the Higher Edu- tion, U.S. Department of Commerce, trans- the Senate to the bill (H.R. 2202) to cation Act of 1965 to permit lenders under mitting, pursuant to law, a rule concerning amend the Immigration and National- the unsubsidized Federal Family Education fisheries of the Northeastern United States Loan program to pay origination fee on be- (RIN 0648–AJ07) received on September 11, ity Act to improve deterrence of illegal 1996); to the Committee on Commerce, immigration to the United States by half of borrowers; to the Committee on Labor and Human Resources. Science, and Transportation. increasing border patrol and investiga- EC–4051. A communication from the Direc- tive personnel, by increasing penalties f tor of the Office of Sustainable Fisheries in for alien smuggling and for document the National Marine Fisheries Service of the MEASURE PLACED ON THE National Oceanic and Atmospheric Adminis- fraud, by reforming exclusion and de- CALENDAR portation law and procedures, by im- tration, U.S. Department of Commerce, transmitting, pursuant to law, a rule con- proving the verification system for eli- The following measure was read the first and second times by unanimous cerning fisheries of the exclusive economic gibility for employment, and through zone off Alaska (received on September 11, other measures, to reform the legal im- consent and placed on the calendar. 1996); to the Committee on Commerce, migration system and facilitate legal H.R. 3539. An act to amend title 49, United Science, and Transportation. entries into the United States, and for States Code, to reauthorize programs of the EC–4052. A communication from the Direc- other purposes, and agrees to the con- Federal Aviation Administration, and for tor of the Office of Sustainable Fisheries in other purposes. the National Marine Fisheries Service of the ference asked by the Senate on the dis- f National Oceanic and Atmospheric Adminis- agreeing votes of the two Houses there- tration, U.S. Department of Commerce, on; and appoints Mr. HYDE, Mr. SMITH EXECUTIVE AND OTHER transmitting, pursuant to law, a rule con- of Texas, Mr. GALLEGLY, Mr. MCCOL- COMMUNICATIONS cerning fisheries off West Coast States and LUM, Mr. GOODLATTE, Mr. BRYANT of in the Western Pacific (received on Septem- The following communications were Tennessee, Mr. BONO, Mr. GOODLING, ber 11, 1996); to the Committee on Commerce, laid before the Senate, together with Science, and Transportation. Mr. CUNNINGHAM, Mr. MCKEON, Mr. accompanying papers, reports, and doc- EC–4053. A communication from the Sec- SHAW, Mr. CONYERS Mr. FRANK of Mas- uments, which were referred as indi- retary of the U.S. Consumer Product Safety sachusetts, Mr. BERMAN, Mr. BRYANT of cated: Commission, transmitting, pursuant to law, Texas, Mr. BECERRA, Mr. MARTINEZ, a report regarding a rule with respect to the Mr. GREEN of Texas, and Mr. JACOBS as EC–4043. A communication from the Dep- standard for flamibility of children’s the managers of the conference on the uty Associate Director for Compliance, Roy- sleepwear (received on September 11, 1996); to part of the House. alty Management Program, Minerals Man- the Committee on Commerce, Science, and agement Service, Department of the Inte- Transportation. At 1:59 p.m., a message from the rior, transmitting, pursuant to law, notice of EC–4054. A communication from the Man- House of Representatives, delivered by the intention to make refunds of offshore aging Director of the Federal Communica- lease revenues where a refund or recoupment tions Commission, transmitting, pursuant to Mr. Hays, one of its reading clerks, an- is appropriate; to the Committee on Energy law, a report entitled ‘‘Table of Allotments, nounced that the House agrees to the and Natural Resources. FM Broadcast Stations,’’ (received on Sep- report of the committee of conference EC–4044. A communication from the Dep- tember 11, 1996); to the Committee on Com- on the disagreeing votes of the two uty Assistant Secretary, Land and Minerals’ merce, Science, and Transportation. Houses on the amendment of the Sen- management in the U.S. Department of the EC–4055. A communication from the Direc- ate to the bill (H.R. 3816) making ap- Interior, transmitting, pursuant to law, a tor of the Office of Regulatory Management propriations for energy and water de- rule regarding Alaska occupancy and use and Information, U.S. Environmental Pro- (RIN 1004–AC90) received on September 6, tection Agency, transmitting, pursuant to velopment for the fiscal year ending law, two rules including one entitled ‘‘Ap- September 30, 1997, and for other pur- 1996; to the Committee on Energy and Natu- ral Resources. proval and Promulgation of Air Quality Im- poses. EC–4045. A communication from the acting plementation Plans; Washington; Revision to The message also announced that the Chair of the Federal Subsistence Board, the State Implementation Plan Vehicle In- House agrees to the amendment of the transmitting, pursuant to law, a rule con- spection and Maintenance Programs,’’ Senate to the bill (H.R. 1642) to extend cerning Subsistence Management Regula- (FRL5608–7, 5550–7) received on September 10, nondiscriminatory treatment—most- tions for Public Lands in Alaska (RIN 1018– 1996; to the Committee on Environment and AD2) received on September 9, 1996; to the Public Works. favored-nation treatment—to the prod- EC–4056. A communication from the Assist- Committee on Energy and Natural Re- ucts of Cambodia, and for other pur- ant Secretary of the Army (Civil Works), sources. poses. transmitting, draft legislation regarding EC–4046. A communication from the Direc- ENROLLED BILLS SIGNED flood damage reduction at Cape Girardeau; tor of the Office of Service Mining, U.S. De- to the Committee on Environment and Pub- A message from the House of Rep- partment of the Interior, transmitting, pur- lic Works. resentatives, delivered by one of its suant to law, a rule entitled ‘‘Alaska Regu- reading clerks, announced that the EC–4057. A communication from the Assist- latory Program; Final rule, approval of ant Secretary of the Army (Civil Works), Speaker has signed the following en- amendment,’’ (received on September 10, transmitting, pursuant to law, a report re- rolled bills: 1996); to the Committee on Energy and Natu- garding the Bayou Lafourche Jump Water- S. 1669. An act to name the Department of ral Resources. way, Louisiana; to the Committee on Envi- Veterans Affairs medical center in Jackson, EC–4047. A communication from the Con- ronment and Public Works. Mississippi, as the ‘‘G.V. (Sonny) Montgom- gressional Review Coordinator, transmit- EC–4058. A communication from the Assist- ery Department of Veterans Affairs Medical ting, pursuant to law, a rule entitled ‘‘Im- ant Secretary of the Army (Civil Works), Center.’’ portation of Fruits & Vegetables,’’ received transmitting, draft legislation regarding H.R. 1642. An act to extend nondiscrim- on September 10, 1996; to the Committee on deep-draft navigation at San Juan Harbor, inatory treatment (most-favored-nation Agriculture, Nutrition, and Forestry. Puerto Rico; to the Committee on Environ- treatment) to the products of Cambodia, and EC4048. A communication from the Con- ment and Public Works. for other purposes. gressional Review Coordinator, transmit- EC–4059. A communication from the Sec- H.R. 3230. An act to authorize appropria- ting, pursuant to law, a rule entitled ‘‘Corn retary of Health and Human Services, trans- tions for fiscal year 1997 for military activi- Cyst Nematode,’’ received on September 10, mitting, pursuant to law, a report regarding S10426 CONGRESSIONAL RECORD — SENATE September 12, 1996 a rule entitled ‘‘Medicare and Medicaid Pro- ralization Service, U.S. Department of Jus- television networks should revive their tra- grams: Hospital Standards for Potentially tice, transmitting, pursuant to law, a rule ditional ‘‘Family Hour’’ and voluntarily re- Infectious Blood and Blood Products,’’ (RIN entitled ‘‘Children Born Outside the United serve the first hour of prime time broadcast- 0910–AA05) received on September 11, 1996; to States; Application for Certificate of Citizen- ing for family-oriented programming; to the the Committee on Finance. ship,’’ (RIN1115–AE07) received on September Committee on Commerce, Science, and EC–4060. A communication from the Assist- 10, 1996; to the Committee on the Judiciary. Transportation. ant Secretary of Legislative Affairs, trans- EC–4073. A communication from the Gen- f mitting, pursuant to law, the report of a eral Counsel for the Department of Energy, Presidential Determination regarding POW/ transmitting, pursuant to law, a rule regard- STATEMENTS ON INTRODUCED MIA Military Drawdown for Vietnam; to the ing patent waiver regulation (received on BILLS AND JOINT RESOLUTIONS Committee on Foreign Relations. August 8, 1996); to the Committee on the Ju- By Mr. D’AMATO (for himself, EC–4061. A communication from the Ad- diciary. ministrator of the U.S. Agency for Inter- EC–4074. A communication from the Sec- Mr. MOYNIHAN, Mr. GRAMS, Mr. national Development, transmitting, pursu- retary of Health and Human Services, trans- WELLSTONE, Mr. SIMON, and Ms. ant to law, the Annual Report for fiscal year mitting, pursuant to law, a rule entitled MOSELEY-BRAUN): 1996; Foreign Relations. ‘‘Medicare and Medicaid Programs; Hospital S. 2067. A bill to extend certain Medi- EC–4062. A communication from the Assist- Standard for Potentially HIV Infectious care community nursing organization ant Legal Adviser for Treaty Affairs, Depart- Blood and Blood Products,’’ (RIN 0938–AE40) demonstration projects; to the Com- ment of State, the report of the texts of received on September 11, 1996; to the Com- mittee on Finance. international agreements, other than trea- mittee on Labor and Human Resources. ties, and background statements; to the EC–4075. A communication from the Sec- COMMUNITY NURSING ORGANIZATIONS Committee on Foreign Relations. retary of the U.S. Department of Education, LEGISLATION EC–4063. A communication from the Assist- transmitting, pursuant to law, a report enti- Mr. D’AMATO. Mr. President, I inant General Counsel of the U.S. Information tled ‘‘Summary of Chapter 2 Annual Reports troduce legislation which will permit a Agency, transmitting, pursuant to law, a 1993–1994,’’; to the Committee on Labor and three-year reauthorization of certain rule with respect to the Exchange Visitor Human Resources. Medicare Community Nursing Organi- Program (received on September 12, 1996); to the Committee on Foreign Relations. f zation [CNO] demonstration projects within the Health Care Financing Ad- EC–4064. A communication from the Direc- INTRODUCTION OF BILLS AND tor of the Federal Bureau of Prisons, Depart- ministration [HCFA]. ment of Justice, transmitting, pursuant to JOINT RESOLUTIONS In 1987, in response to the Omnibus law, a rule entitled ‘‘Education Tests: Mini- The following bills and joint resolu- Budget Reconciliation Act of 1987, Con- mum Standards for Administration, Inter- tions were introduced, read the first gress authorized the Community Nurs- pretation, and Use,’’ (RIN 1129–AA44) re- and second time by unanimous con- ing Organization demonstration ceived on September 11, 1996; to the Commit- sent, and referred as indicated: tee on the Judiciary. projects to test capitated payment EC–4065. A communication from the Dep- By Mr. D’AMATO (for himself, Mr. under the Medicare Program for com- uty Administrator of the Drug Enforcement MOYNIHAN, Mr. GRAMS, Mr. munity nursing and ambulatory care Administration, Department of Justice, WELLSTONE, Mr. SIMON, and Ms. services furnished to beneficiaries. The transmitting, pursuant to law, a rule regard- MOSELEY-BRAUN): demonstration projects are structured ing removal of exemption for certain S. 2067. A bill to extend certain Medicare community nursing organization demonstra- to answer two questions: First, is it pseudoephedrine products (received on Sep- feasible to have a capitated, case-man- tember 5, 1996); to the Committee on the Ju- tion projects; to the Committee on Finance. diciary. By Mr. MURKOWSKI (for himself and aged, nurse service delivery model for EC–4066. A communication from the Chair- Mr. STEVENS): home health and ambulatory care; and man of the Board of Directors of the Ten- S. 2068. A bill to provide for a study of the second, What is the impact on enroll- nessee Valley Authority, transmitting, pur- recommendations of the Joint Federal-State ees, providers, and the larger health suant to law, the report under the Freedom Commission on Policies and Programs Af- care system? of Information Act for calendar year 1995; to fecting Alaska Natives, and for other pur- These CNO programs are intended to poses; to the Committee on Indian Affairs. the Committee on the Judiciary. reduce the breakup in the delivery of EC–4067. A communication from the Com- By Mr. HOLLINGS (for himself and Mr. missioner of the Immigration and Natu- THURMOND): health care services, to reduce the use ralization Service, U.S. Department of Jus- S. 2069. A bill to suspend temporarily the of costly emergency care services, and tice, transmitting, pursuant to law, a rule duty on specialized glass for use in glass-ce- to improve the continuity of home entitled ‘‘Introduction of New Employment ramic stovetops; to the Committee on Fi- health and ambulatory care for Medi- Authorization Document,’’ (RIN1115–AB73) nance. care beneficiaries. CNO’s are respon- received on September 5, 1996; to the Com- By Mr. WYDEN (for himself and Mr. sible with providing home health care, mittee on the Judiciary. WARNER): case management, outpatient physical EC–4068. A communication from the Direc- S. 2070. A bill to ensure that homeowners tor of the Central Intelligence Agency, receive adequate notice of and opportunity and speech therapy, ambulance serv- transmitting, pursuant to law, the report to comment on activities likely to adversely ices, prosthetic devices, durable medi- under the Freedom of Information Act for affect the value of their homes; and to create cal equipment, and any optional, the Calendar Year 1995; to the Committee on procedures for homeowners to receive finan- HCFA-approved services appropriate to the Judiciary. cial compensation for development which prevent the need to institutionalize EC–4069. A communication from the Execu- producers pollution and other impacts ad- Medicare enrollees. tive Director of the Assassination Records versely affecting the value of their homes; to HCFA awarded four CNO sites in Sep- Review Board, transmitting, pursuant to the Committee on Governmental Affairs. tember 1992 through the competitive law, the report under the Freedom of Infor- By Mr. KERRY: mation Act for calendar year 1995; to the S. 2071. A bill to amend title VII of the procurement process: First, Visiting Committee on the Judiciary. Civil Rights Act of 1964 to establish provi- Nurse Service in New York, NY—a not- EC–4070. A communication from the Com- sions with respect to religious accommoda- for-profit Medicare certified home missioner of the Immigration and Natu- tion in employment, and for other purposes; health agency; second, Carle Clinic in ralization Service, U.S. Department of Jus- to the Committee on Labor and Human Re- Mahomet, IL—a multispecialty group tice, transmitting, pursuant to law, a rule sources. practice; third, Carondelet Health Care entitled ‘‘Immigration and Nationality f in Tuscon, AZ—a hospital-based orga- Forms,’’ (RIN1115–AD58) received on Septem- nization; and fourth, Living at Home/ ber 10, 1996; to the Committee on the Judici- SUBMISSION OF CONCURRENT AND ary. SENATE RESOLUTIONS Block Nurse Program in St. Paul, MN—a not-for-profit nursing organiza- EC–4071. A communication from the Com- The following concurrent resolutions missioner of the Immigration and Natu- tion replicating the Block Nurse Pro- and Senate resolutions were read, and ralization Service, U.S. Department of Jus- gram model. These CNO’s operate referred (or acted upon), as indicated: tice, transmitting, pursuant to law, a rule under full financial risk to themselves entitled ‘‘Removal of Obsolete Sections of By Mr. LIEBERMAN (for himself, Mrs. and are financially responsible for the the Regulation Concerning Temporary Pro- HUTCHISON, Mr. NUNN, Mr. DEWINE, provision of all mandatory community jected Status for Salvadorans,’’ (RIN1115– Mr. COATS, Mr. FAIRCLOTH, Mr. BYRD, AE43) received on September 10, 1996; to the Mrs. KASSEBAUM, Mr. DORGAN, Mr. nursing and ambulatory care services Committee on the Judiciary. CONRAD, and Mr. HATCH): available to Medicare enrollees. EC–4072. A communication from the Com- S. Res. 290. A resolution expressing the Mr. President, these CNO projects are missioner of the Immigration and Natu- sense of the Senate that the major broadcast consistent with congressional efforts to September 12, 1996 CONGRESSIONAL RECORD — SENATE S10427 introduce a wider range of managed is also the product of a congressional jobs in South Carolina. The bill tempo- care options to Medicare beneficiaries. act that called for the study of the rarily suspends the duty on specialized Their authorization needs to be ex- problems. glass for use in glass-ceramic stove tended in order to ensure a fair testing Public Law 101–379 established the tops. Corning Company has made an in- of the CNO managed care concept. We Joint Federal-State Commission on vestment in Fountain Inn, SC to revive need the extention of this demonstra- Policies and Programs Affecting Alas- a factory that has been struggling. The tion authority to continue to provide ka Natives, better known as the Alaska temporary suspension of the duty on an important example of how coordi- Natives Commission. Among its many glass-ceramic stove tops will enable nated care can provide additional bene- recommendations, the Commission Corning to keep jobs in the United fits without increasing Medicare costs. called for Federal funding to examine States.∑ In addition, further time is necessary how best to implement the rec- to evaluate the impact of the CNO con- ommendations of the Commission. The By Mr. WYDEN (for himself and tribution to Medicare patients and to purpose of this bill is to establish the Mr. WARNER): assess their capacity for operating funding for such a study. S. 2070. A bill to ensure that home- under a fixed budget. The need for this study is well docu- owners receive adequate notice of and Most importantly, this demonstra- mented. In 1989, I and Representative opportunity to comment on activities tion extension will not increase Medi- DON YOUNG of Alaska introduced a bill likely to adversely affect the value of care expenditures. CNO’s actually save creating the Alaska Natives Commis- their homes; and to create procedures Medicare dollars by providing better sion, a publish commission jointly for homeowners to receive financial and more accessible health care in funded by the State and Federal Gov- compensation for development which homes and in community settings, ernments. The creation of the commis- produces pollution and other impacts thereby allowing enrollees to avoid un- sion followed the publication in 1989 of adversely affecting the value of their necessary hospitalizations and nursing the ‘‘Report on the Status of Alaska homes; to the Committee on Govern- home admissions. By demonstrating Natives: A Call for Action’’ by the mental Affairs. what a primary care-oriented nursing Alaska Federation of Natives and was THE HOMEOWNERS PROTECTION AND practice can accomplish with elderly or also spurred by extensive congressional EMPOWERMENT ACT disabled patients, CNO’s help illu- hearings which focussed on the need for ∑ Mr. WYDEN. Mr. President, in this the first comprehensive assessment of minate methods for increasing bene- Congress, there has been considerable the social, cultural, and economic con- fits, saving funding dollars, and most debate on the issue of property rights. dition of Alaska’s 90,000 Natives since importantly, improving the quality of But the debate so far has essentially the enactment of the Alaska Native life for patients. ignored the interests of the largest Claims Settlement Act, Public Law 92– Mr. President, I urge my colleagues group of property owners in America— 203. to consider this bill carefully and join the 60 million homeowners. Here are but some of the findings of Until today, property rights legisla- me in seeking to extend these cost-sav- the Alaska Natives Commission regard- ings and patient-oriented CNO dem- tion has tended to protect only a lim- ing the condition of Alaska Natives: ited group of property owners, those onstrations for another 3 years. Alcohol problems are one of the key Mr. President, I ask unanimous con- whose use or development of their reasons why Alaska Natives comprise property is regulated by the Federal sent that the text of the bill be printed 36–40 percent of the statewide prison in the RECORD. Government. The typical homeowners population, even though they total who we all represent live in already There being no objection, the bill was only 16 percent of the population of constructed homes; they are not devel- ordered to be printed in the RECORD, as Alaska. oping their property. When they use follows: Alaska Native families need help: In their property in a typical fashion, S. 2067 1988, one out of every eleven Alaska they are not regulated under the wet- Be it enacted by the Senate and House of Rep- Native children received child protec- lands law, the endangered species law, resentatives of the United States of America in tion services from the State of Alaska. Congress assembled, Alaska Natives need to have opportu- or any other Federal status. The typical homeowner is helped, not SECTION 1. EXTENSION OF CERTAIN MEDICARE nities and training for jobs: In 1990, 20 COMMUNITY NURSING ORGANIZA- percent of the Native work force was hurt, by many government policies TION DEMONSTRATION PROJECTS unemployed, and for Alaska Natives that keep our air clean and our water Notwithstanding any other provision of living in villages, the rate can be as health and pure. When these home- law, demonstration projects conducted under owners’ property rights and property section 4079 of the Omnibus Budget Rec- high as 50–80 percent, depending on the season and location. values are threatened, the threat is onciliation Act of 1987 my be conducted for more likely to come from pollution an additional period of 3 years, and the dead- Alaska Natives need more opportuni- line for any report required relating to the ties for an education: 12–15 percent of from neighboring factories than from results of such projects shall be not later Alaska Native high school students government actions to protect the en- than 6 months after the end of such addi- drop out from village/rural schools; 60 vironment. tional period. percent of Native students entering Today, along with Senator WARNER, I urban high schools do not graduate. am introducing the Homeowners Pro- By Mr. MURKOWSKI (for himself This bill calls for the authorization tection and Empowerment Act to make and Mr. STEVENS): of $350,000 in Federal funds to be spent sure the interests of America’s home- S. 2068. A bill to provide for a study by the Alaska Federation of Natives to owners are protected. Our legislation of the recommendations of the Joint study how to implement the rec- provides homeowners with the right to Federal-State Commission on Policies ommendations of the Alaska Native sue for compensation whenever their and Programs Affecting Alaska Na- Commission. This investment is needed property values are diminished by an tives, and for other purposes; to the to create realistic solutions to serious action regulated by the Federal Gov- Committee on Indian Affairs. problems. I would note that Congress- ernment. It provides homeowners with THE ALASKA NATIVE COMMISSION STUDY ACT OF man YOUNG has introduced a compan- a Federal right of action against any- 1996 ion bill in the House.∑ one responsible for decreasing a private ∑ Mr. MURKOWSKI. Mr. President, party homeowner’s property value by today, I am introducing the Alaska Na- By Mr. HOLLINGS (for himself $10,000 or more, whether it’s a Federal tive Commission Study bill. I am and Mr. THURMOND): agency or a private party acting under pleased that my colleague Senator S. 2069. A bill to suspend temporarily authority of Federal law. STEVENS of Alaska is joining me as a the duty on specialized glass for use in For example, if a developer fills in cosponsor. This legislation is the prod- glass-ceramic stovetops; to the Com- federally regulated wetlands, the result uct of years of study and candid self- mittee on Finance. may be increased flooding on down- appraisal by Alaska Natives about TEMPORARY DUTY SUSPENSION LEGISLATION stream homeowners’ properties, be- their standard-of-living problems and ∑ Mr. HOLLINGS. Mr. President, I in- cause undeveloped wetlands help to the need to address these problems. It troduce legislation that will preserve control flooding. This increased risk of S10428 CONGRESSIONAL RECORD — SENATE September 12, 1996 flooding diminishes the value of down- should be seen as a form of religious maintain the minimum wage and over- stream homeowners’ properties. Under discrimination, as originally intended time exemption for employees subject the Homeowners Protection and by Congress in 1972. And religious dis- to certain leave policies, and for other Empowerment Act, any affected home- crimination should be treated fully as purposes. owner whose property value declined seriously as any other form of discrimi- S. 1963 by at least $10,000 because of the devel- nation that stands between Americans oper’s wetland filling would have the and equal employment opportunities. At the request of Mr. ROCKEFELLER, right to sue the developer for com- Enactment of the Workplace Religious the names of the Senator from South pensation. Freedom Act will constitute an impor- Carolina [Mr. HOLLINGS], the Senator The legislation also requires anyone tant step toward ensuring that all from Texas [Mrs. HUTCHISON], the Sen- conducting an activity that both re- members of society, whatever their re- ator from Vermont [Mr. LEAHY], the quires a permit or other authorization ligious beliefs and practices, will be Senator from Maryland [Ms. MIKUL- under Federal law and generates pollu- protected from an invidious form of SKI], and the Senator from California tion or has other property damaging discrimination. [Mrs. BOXER] were added as cosponsors impacts to give written notice about It is important to recognize that, in of S. 1963, a bill to establish a dem- the activity and its potential impact to addition to protecting the religious onstration project to study and provide each homeowner living within a quar- freedom of employees, this legislation coverage of routine patient care costs ter mile of the activity. protects employers from an undue bur- for Medicare beneficiaries with cancer I want to thank Senator WARNER for den. Employees would be allowed to who are enrolled in an approved clini- working with me on this legislation take time off only if their doing so does cal trial program. and for helping to clarify that the in- not pose a significant difficulty or ex- S. 1967 tent of the legislation is to protect typ- pense for the employer. This common- At the request of Mr. BROWN, the ical homeowners. I look forward to sense definition of undue hardship is name of the Senator from Oklahoma working with him to move the legisla- used in the Americans with Disabilities [Mr. INHOFE] was added as a cosponsor tion forward.∑ Act and has worked well in that con- of S. 1967, a bill to provide that mem- text. bers of the Armed Forces who per- By Mr. KERRY: I believe this bill should receive bi- formed services for the peacekeeping S. 2071. A bill to amend title VII of partisan support. It has been endorsed efforts in Somalia shall be entitled to the Civil Rights Act of 1964 to establish by a wide range of organizations in- tax benefits in the same manner as if provisions with respect to religious ac- cluding the American Jewish Commit- such services were performed in a com- commodation in employment, and for tee, the Baptist Joint Committee, the bat zone, and for other purposes. other purposes; to the Committee on Christian Legal Society, and the Jew- Labor and Human Resources. ish Community Relations Council of S. 1968 THE WORKPLACE RELIGIOUS FREEDOM ACT Greater Boston. At the request of Mr. FAIRCLOTH, the Mr. KERRY. Mr. President, I am ∑ As the Jewish high holidays and name of the Senator from Oklahoma proud today to introduce the Work- eventually Christmas approach, I feel [Mr. INHOFE] was added as a cosponsor place Religious Freedom Act of 1996. strongly that workers should not have of S. 1968, a bill to reorder United This bill would protect workers from to worry that they will be prohibited States budget priorities with respect to on-the-job discrimination. It rep- from choosing to take time off from United States assistance to foreign resents a milestone in the protection of work to observe a religious holiday. I countries and international organiza- religious liberty, assuring that all urge this body to pass this legislation tions. workers have equal employment oppor- so that all workers can have equal em- tunities. ployment opportunities and practice S. 1969 In 1972, Congress amended the Civil their religion.∑ At the request of Mr. BRADLEY, the Rights Act of 1964 to require employers f names of the Senator from Iowa [Mr. to reasonably accommodate an em- GRASSLEY], the Senator from Connecti- ployee’s religious practice or observ- ADDITIONAL COSPONSORS cut [Mr. LIEBERMAN], the Senator from ance unless doing so would impose an S. 863 Virginia [Mr. ROBB], and the Senator undue hardship on the employer. This At the request of Mr. GRASSLEY, the from Wyoming [Mr. SIMPSON] were 1972 amendment, although completely name of the Senator from Utah [Mr. added as cosponsors of S. 1969, a bill to appropriate, has been interpreted by HATCH] was added as a cosponsor of S. establish a Commission on Retirement the courts so narrowly as to place lit- 863, a bill to amend title XVIII of the Income Policy. tle restraint on an employer’s refusal Social Security Act to provide for in- to provide religious accommodation. S. 2018 creased medicare reimbursement for The Workplace Religious Freedom Act At the request of Mr. GORTON, the physician assistants, to increase the will restore to the religious accommo- name of the Senator from Washington delivery of health services in health dation provision the weight that Con- [Mrs. MURRAY] was added as a cospon- professional shortage areas, and for gress originally intended and help as- sor of S. 2018, a bill to approve a settle- other purposes. sure that employers have a meaningful ment agreement between the Bureau of obligation to reasonably accommodate S. 905 Reclamation and the Oroville- their employees’ religious practices. At the request of Mr. AKAKA, the Tonasket Irrigation District. The restoration of this protection is name of the Senator from Tennessee AMENDMENT NO. 5244 no small matter. For many religiously [Mr. FRIST] was added as a cosponsor of observant Americans the greatest peril S. 905, a bill to provide for the manage- At the request of Mr. KOHL, the name to their ability to carry out their reli- ment of the airplane over units of the of the Senator from Delaware [Mr. gious faiths on a day-to-day basis may National Park System, and for other BIDEN] was added as a cosponsor of come from employers. I have heard ex- purposes. amendment No. 5244 proposed to H.R. amples from around the country about S. 1129 3756, a bill making appropriations for a small minority of employers who will At the request of Mr. ASHCROFT, the the Treasury Department, the United not make reasonable accommodation name of the Senator from Ohio [Mr. States Postal Service, the Executive for observance of the Sabbath and DEWINE] was added as a cosponsor of S. Office of the President, and certain other holy days; for employees who 1129, a bill to amend the Fair Labor Independent Agencies, for the fiscal must wear religiously required garb, Standards Act of 1938 to permit em- year ending September 30, 1997, and for such as a yarmulke; or for clothing ployers to provide for flexible and com- other purposes. that meets modesty requirements. pressed schedules, to permit employers At the request of Mr. ROBB, his name The refusal of an employer, absent to give priority treatment in hiring de- was added as a cosponsor of amend- undue hardship, to provide reasonable cisions to former employees after periment No. 5244 proposed to H.R. 3756, accommodation of a religious practice ods of family care responsibility, to supra. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10429 SENATE RESOLUTION—290—REL- reviled as the most lewd, crude, and suggest that television’s problems have ATIVE TO MAJOR BROADCAST rude prime-time lineup in television disappeared practically overnight, or TELEVISION NETWORKS history, and for helping to drag our so- that the viewing public is suddenly sat- Mr. LIEBERMAN (for himself, Mrs. cietal standards down yet another isfied. The reality is that there is still notch. HUTCHISON, Mr. NUNN, Mr. DEWINE, Mr. too much gratuitous and gruesome vio- So today, with the debut of the 1996 COATS, Mr. FAIRCLOTH, Mr. BYRD, Mrs. lence not only available to but tar- fall season upon us, I think it is only KASSEBAUM, Mr. DORGAN, Mr. CONRAD, geted at our children; there are still fair and right to focus on what I see as and Mr. HATCH) submitted the follow- too many shows that seek to shock and some truly positive developments on ing resolution; which was referred to titillate, that add to the degradation of this front, and to give praise to the tel- our culture and fuel the ‘‘anything- the Committee on Commerce, Science, evision industry where praise is due. and Transportation: goes’’ mentality that I believe is at the Over the last 18 months, we have seen root of the moral decline America is S. RES. 290 industry leaders embrace the V-chip, experiencing today. Expressing the sense of the Senate that the which I was proud to cosponsor along A survey released by the American major broadcast television networks should with my colleague from North Dakota, Medical Association this week left lit- revive their traditional ‘‘Family Hour’’ and Senator CONRAD, and accept our chal- voluntarily reserve the first hour of prime tle doubt that the public remains high- lenge to create a self-enforced ratings ly concerned, showing that 75 percent time broadcasting for family-oriented pro- system that will give parents more in- gramming. of parents are ‘‘disgusted with media formation about the programs coming Whereas the major broadcast television violence.’’ In response, the AMA took into their homes. We have seen the na- networks once adhered to a voluntary, self- the significant step of sending out tion’s broadcasters acknowledge their enforced practice of setting aside the first guidelines to 60,000 doctors nationwide hour of prime time for programming suitable obligation to promote more edu- to help educate them and the parents for audiences of all ages, especially young cational shows for children, and com- children; mit to airing every week at least 3 they serve about the negative effects of Whereas the major networks have recently hours of programming that will enrich media violence on children. But I firmly believe that television is abandoned this practice and chosen to fill young minds and promote positive val- making progress. I also believe that this hour with programs laden with sexually ues. suggestive language and behavior and ma- And perhaps most encouraging of all, many of the people who run the tele- ture themes; vision industry want us to know that Whereas according to the most recent we have seen—quite literally seen— some modest yet significant changes in they’re not walking away from the re- Nielsen ratings, approximately 9,000,000 chil- sponsibility that goes along with their dren between the ages of 2 and 11 watch tele- the quality of the product flowing over vision during an average minute between 8:00 the airwaves. The deluge of perversity enormous power and influence. So as p.m. and 9:00 p.m. e.s.t; and degradation coming out of the we continue to give voice to the Whereas the clear majority of American trash talk TV shows has receded, and public’s discontent, it is also important parents are concerned about the negative in- Rosie O’Donnell has shown with her to encourage the responsiveness indus- fluence of television on younger viewers, who quick wit and engaging personality try leaders have already shown, albeit watch on average 21 hours of television a sometimes grudgingly, and to encour- week; that clean talk can clean up in the ratings. Also, in response to the deep con- age them to keep moving forward. Whereas that concern was recently dem- That is why I am joining with 10 of onstrated again in a poll conducted by U.S. cern the American people have ex- News & World Report which found that 76 pressed about the damage done by tele- my colleagues today to submit what we percent of Americans believe that television vised violence, the major broadcast see as a very positive sense-of-the-Sen- contributes to the problem of teenage preg- networks have made a real effort to re- ate resolution, one that expresses our nancy, 83 percent believe that television con- duce the number of graphic killings, support for the direction the television tributes to casual sex, 90 percent believe that assaults and rapes depicted during industry seems to be moving in. Quite television contributes to teenagers having simply, this resolution asks the major sex too soon, and 92 percent believe that tel- prime time, and it has made a notice- able difference. broadcast networks to help parents do evision contributes to violence on our their jobs by bringing back what was streets; And, in terms of the new fall season, Whereas the Senate is comprised of elected the reviews I’ve read indicate that once known as the ‘‘Family Hour’’. It representatives who have a responsibility to many of the shows premiering in the urges the networks to once again set give voice to the concerns of their constitu- next few days turn away from the aside the first hour of prime-time for ents; and smuttiness that characterized so many programs that I can watch together Whereas the Senate expresses public senti- of the sitcoms that debuted last year with my wife and our 8-year-old daugh- ment in this resolution, and does not at- and offended and disgusted so many ter without fearing that I will be em- tempt to establish by law or otherwise man- viewers. Even more promising, the net- barrassed or my values will be as- date or dictate any requirements regarding works seem more willing to take a saulted. the content of television programming: Now, In recent years, that is something therefore, be it chance on family-oriented shows that Resolved, That it is the sense of the Senate seek to uplift as they entertain and to that most parents have been legiti- that the major broadcast television net- reinforce rather than tear down our mately fearful of. One of the most com- works should renew their commitment to common values. Programs such as mon complaints we hear about tele- voluntarily reserving the first hour of prime ‘‘Second Noah,’’ which ABC chose to vision concerns the proliferation of time for programming suitable for members bring back this fall, and ‘‘Touched By lewd jokes and gratuitous sex scenes in of American families of all ages. an Angel,’’ which CBS stuck by when it the early hours of prime-time, when Mr. LIEBERMAN. Mr. President, I struggled to gain an audience and is many young children are watching. rise today to continue a dialog on an now one of the networks prized assets. Many parents feel that this kind of issue that many Americans, especially I think it’s worth noting to my col- content goes far beyond being inappro- millions of parents, care deeply about: leagues that the producer of ‘‘Touched priate and offensive. They believe, as the profound and often harmful influ- by An Angel,’’ Martha Williamson, will do we, that these messages are harmful ence that television is having on our be honored at reception in the Capitol to their children’s development and un- children and our country. tonight for her commitment to creat- dercut the fundamental values that As my colleagues know, the public’s ing entertainment that elevates us and parents are trying to instill in their increasing anger about the pervasive appeals to our better rather than our families. presence of sex, violence, and vulgarity baser natures. I am proud to be co- Our resolution asks the networks to on the small screen has resulted in hosting this reception, at which Ms. recognize the difficulties parents face widespread criticism of the television Williamson will premiere her new se- in shielding their children from this industry. I believe that much of that ries, ‘‘Promised Land,’’ also on CBS kind of content, and to help meet them criticism has been warranted. Just this fall, and I would encourage Mem- halfway. In effect, it asks them to do about a year ago this week I came to bers to attend. no more than to return to a practice the floor to take the major networks to Mr. President, by calling attention to they once adhered to willingly. This is task for sponsoring what was widely these positive signs I do not mean to a case where the networks for long S10430 CONGRESSIONAL RECORD — SENATE September 12, 1996 time acted quite responsibly and did a KENNEDY AMENDMENT NO. 5259 At the appropriate place, insert the following new title: public service by creating a safe haven (Ordered to lie on the table.) for parents with young children. That Mr. KENNEDY submitted an amend- TITLE —PROTECTION OF PATIENT COMMUNICATIONS is one rerun that most American fami- ment intended to be proposed by him SEC. 01. SHORT TITLE; FINDINGS. lies want desperately to see again. to the bill, H.R. 3756, surpa; as follows: We do not want to pass any law or (a) SHORT TITLE.—This title may be cited At the appropriate place, add the following as the ‘‘Patient Communications Protection dictate what programs can or can’t be new section: Act of 1996’’. shown during the 8 o’clock hour. We SEC. . (a) None of the funds appropriated (b) FINDINGS.—Congress finds the follow- just want to reiterate to the people under Federal law for fiscal year 1997 to the ing: who run the networks that this an Legal Services Corporation shall be expended (1) Patients need access to all relevant in- issue of grave concern to American for any purpose prohibited or limited by, or formation to make appropriate decisions, contrary to, any of the provisions of section with their physicians, about their health families, and that the family hour is a care. reasonable, commonsense concept that 504 of Public Law 104–134 (110 Stat. 1321–53), and all funds appropriated under Federal law (2) Restrictions on the ability of physicians has overwhelming support. A compan- for fiscal year 1997 to the Legal Services Cor- to provide full disclosure of all relevant in- ion resolution in the House has at- poration shall be subject to the same terms formation to patients making health care tracted 97 cosponsors, and 20 Senators and conditions set forth in such section, ex- decisions violate the principles of informed have already endorsed the family hour cept as provided in subsection (b) or as oth- consent and practitioner ethical standards. (3) The offering and operation of health erwise provided in Federal law. movement, having signed a petition we plans affect commerce among the States. (b) Notwithstanding subsection (a), sub- sent to the network presidents in Health care providers located in one State section (a)(11) of such section 504 shall not be April. serve patients who reside in other States as construed to prohibit a recipient from using well as that State. In order to provide for Mr. President, the resonance of this funds derived from a source other than the uniform treatment of health care providers issue was confirmed to me by a con- Corporation to provide related legal assist- versation I had with a leading network and patients among the States, it is nec- ance to— essary to cover health plans operating in one executive last year. He confided in me (1) an alien who has been battered or sub- State as well as those operating among the that he regrets not being able to sit jected to extreme cruelty in the United several States. States by— down with his children and watch tele- SEC. 02. PROHIBITION OF INTERFERENCE WITH (A)(i) a spouse or parent of the alien; or vision together as a family, much as he CERTAIN MEDICAL COMMUNICA- (ii) a member of the spouse’s or parent’s TIONS. did with his parents years ago, much as family residing in the same household as the I did with my parents when I was (a) IN GENERAL.— alien (in a case in which the spouse or par- (1) PROHIBITION OF CERTAIN PROVISIONS.— young. This is one of the great joys of ent, respectively, consented or acquiesced to Subject to paragraph (2), an entity offering a the medium, and it is disappointing to such battery or cruelty); or health plan (as defined in subsection (d)(2)) many parents today that they cannot (B) any other person with whom the alien may not include any provision that prohibits share in it with their children. has a relationship covered by the domestic or restricts any medical communication (as It doesn’t have to be that way, as violence laws of the State in which the alien defined in subsection (b)) as part of— CBS Entertainment has made clear resides or in which an incident of the battery (A) a written contract or agreement with a or cruelty took place; or health care provider, this fall, when its president pledged (2)(A) an alien whose child has been bat- (B) a written statement to such a provider, publicly that CBS would only air pro- tered or subjected to extreme cruelty in the or grams at 8 o’clock that the whole fam- United States by a spouse or parent of the (C) an oral communication to such a pro- ily could watch together. Congress can alien (in a case in which the alien did not ac- vider. help by adopting this resolution and tively participate in the battery or cruelty); ‘‘(2) CONSTRUCTION.—Nothing in this section shall be construed as preventing an en- encouraging—encouraging, not forc- or (B) a member of the spouse’s or parent’s tity from exercising mutually agreed upon ing—the television industry to follow terms and conditions not inconsistent with CBS’s lead and help restore the peace family residing in the same household as the alien (in a case in which the spouse or par- paragraph (1), including terms or conditions requiring a physician to participate in, and of mind that so many families are ent, respectively, consented or acquiesced to cooperate with, all programs, policies, and seeking. Along with my original co- such battery or cruelty and the alien did not procedures developed or operated by the per- sponsors, Senators HUTCHISON, NUNN, actively participate in the battery or cru- son, corporation, partnership, association, or elty). and DEWINE, I strongly urge my col- other organization to ensure, review, or im- (c) Subsection (b) shall apply, notwith- leagues on both sides of the aisle to prove the quality of health care. support it, to make a strong statement standing the enactment of Federal law after (3) NULLIFICATION.—Any provision de- on behalf of America’s families, and I the date of enactment of this Act, unless scribed in paragraph (1) is null and void. such law explicitly excludes such application look forward to its adoption. (b) MEDICAL COMMUNICATION DEFINED.—In by reference to this section. this section, the term ‘‘medical communica- f (d) As used in this section: tion’’ means a communication made by a (1) The term ‘‘battered or subjected to ex- health care provider with a patient of the AMENDMENTS SUBMITTED treme cruelty’’ has the meaning given the provider (or the guardian or legal representa- term ‘‘was battered by or was the subject of tive of such patient) with respect to the pa- extreme cruelty’’ under regulations issued tient’s physical or mental condition or treat- THE TREASURY DEPARTMENT pursuant to section 204 of the Immigration ment options. APPROPRIATIONS ACT, 1997 and Nationality Act (8 U.S.C. 1154) (as (e) ENFORCEMENT THROUGH IMPOSITION OF amended by subtitle G of the Violence CIVIL MONEY PENALTY— Against Women Act of 1994 (Pub. L. 103–322; (1) IN GENERAL.—Any entity that violates 108 Stat. 1953)). paragraph (1) of subsection (a) shall be sub- BYRD AMENDMENT NO. 5258 (2) The terms ‘‘legal assistance’’ and ‘‘reject to a civil money penalty of up to $25,000 (Ordered to lie on the table.) cipient’’ have the meanings given the terms for each violation. No such penalty shall be Mr. BYRD submitted an amendment in section 1002 of the Legal Services Corpora- imposed solely on the basis of an oral com- intended to be proposed by him to the tion Act (42 U.S.C. 2996a). munication unless the communication is part of a pattern or practice of such commu- bill (H.R. 3756) making appropriations (3) The term ‘‘related legal assistance’’ means legal assistance directly related to nications and the violation is demonstrated for the Treasury Department, the Unit- the prevention of, or obtaining of relief from, by a preponderance of the evidence. ed States Postal Service, the Executive the battery or cruelty described in sub- (2) PROCEDURES.—The provisions of sub- Office of the President, and certain section (a). sections (c) through (l) of section 112SA of independent agencies, for the fiscal the Social Security Act (42 U.S.C. 1320a–7a) year ending September 30, 1997, and for WYDEN (AND KENNEDY) shall apply to civil money penalties under other purposes; as follows: paragraph (1) in the same manner as they AMENDMENT NO. 5260 apply to a penalty or proceeding under sec- On page 49, line 18, insert before the colon (Ordered to lie on the table.) tion 1128A(a) of such Act. ‘‘: Provided, That of such amount provided Mr. WYDEN (for himself, Mr. KEN- (d) DEFINITIONS.—For purposes of this sec- for non-prospectus construction projects tion: NEDY, and Mr. KYL) submitted an $250,000 shall be available until expended for (1) HEALTH CARE PROVIDER.—The term the acquisition, lease, construction, and amendment intended to be proposed by ‘‘health care provider’’ means anyone li- equipping of flexiplace work telecommuting them to the bill, H.R. 3756, supra; as censed or certified under State law to pro- centers in the State of West Virginia’’. follows: vide health care services. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10431 (2) HEALTH PLAN.—The term ‘‘health plan’’ ment of Japan to meet the Framework objec- an amendment to the bill, H.R. 3756, means any public or private health plan or tive of ‘‘achieving significantly expanded supra; as follows: arrangement (including an employee welfare sales opportunities to result in a significant On page 22, line 14, strike ‘‘$4,085,355,000’’ benefit plan) which provides, or pays the cost expansion of purchases of foreign parts by and insert in lieu thereof ‘‘$4,052,586,000’’; of, health benefits and includes an organiza- Japanese firms in Japan and through their On page 42, line 26, strike ‘‘$103,000,000’’, tion of health care providers that furnishes transplants, as well as removing problems and insert in lieu thereof ‘‘$135,769,000’’. health services under a contract or agree- which affect market access, and encouraging ment with such a plan. imports of foreign autos and auto parts in (3) COVERAGE OF THIRD PARTY ADMINISTRA- Japan.’’ MCCAIN (AND OTHERS) TORS.—In the case of a health plan that is an That the commitments to action by the AMENDMENT NO. 5267 employee welfare benefit plan (as defined in Government of Japan and statements by the (Ordered to lie on the table.) section 3(1) of the Employee Retirement In- Japanese private sector address the major Mr. MCCAIN (for himself, Mr. COATS, come Security Act of 1974), any third party barriers to access that have frustrated U.S. administrator or other person with respon- producers of competitive autos and auto Mr. STEVENS, Mr. LOTT, Mr. ABRAHAM, sibility for contracts with health care pro- parts in their efforts to sell in Japan and to Mr. ASHCROFT, Mr. PRESSLER, and Mrs. viders under the plan shall be considered, for the Japanese transplants, and HUTCHISON) submitted an amendment purposes of this section, to be an entity of- That the Framework Agreement rep- intended to be proposed by them to the fering such health plan. resents an unprecedented, enforceable set of bill, H.R. 3756, supra; as follows: (e) NON-PREEMPTION OF STATE LAW.—A commitments to open the Japanese market At the appropriate place, insert the follow- State may establish or enforce requirements to foreign competitive autos and auto parts ing: with respect to the subject matter of this and to increase the opportunities for com- SEC. . (a) Chapter 13 of title 31, United section, but only if such requirements are petitive parts suppliers to sell to the Japa- States Code, is amended by inserting after consistent with this title and are more pro- nese transplant manufacturers. section 1310 the following new section: tective of medical communications than the Therefore it is the Sense of the United ‘‘§ 1311. Continuing appropriations requirements established under this section. States Senate to fully support the goals set (g) EFFECTIVE DATE.—Subsection (a) shall out in the Framework Agreement and sup- ‘‘(a)(1) If any regular appropriation bill for take effect 180 days after the date of the en- port the U.S. negotiators in their first an- a fiscal year does not become law prior to actment of this Act and shall apply to medi- nual consultations with Japan on September the beginning of such fiscal year or a joint cal communications made on or after such 18 and 19 in San Francisco in their efforts to resolution making continuing appropriations date, and shall terminate on September 30, obtain full compliance with the letter and is not in effect, there is appropriated, out of 2001. spirit of the Framework Agreement. any moneys in the Treasury not otherwise (h) OFFSET.—Notwithstanding any other appropriated, and out of applicable corporate provision of this Act, no more than THOMPSON AMENDMENT NO. 5264 or other revenues, receipts, and funds, such $1,530,465,000 shall be available for building sums as may be necessary to continue any operations in fiscal year 1997. Mr. SHELBY (for Mr. THOMPSON) pro- project or activity for which funds were proposed an amendment to the bill, H.R. vided in the preceding fiscal year— GRAMS AMENDMENT NO. 5261 3756, supra; as follows: ‘‘(A) in the corresponding regular appro- At the appropriate place in the bill, insert priation Act for such preceding fiscal year; Mr. SHELBY (for Mr. GRAMS) pro- the following: or posed an amendment to the bill, H.R. SEC. . (a) The Administrator of the Gen- ‘‘(B) if the corresponding regular appro- 3756, supra; as follows: eral Services Administration is authorized to priation bill for such preceding fiscal year did not become law, then in a joint resolu- At appropriate place, insert the following conduct a pilot program involving up to 10 tion making continuing appropriations for section: States to provide FTS 2000 service to a State government, if: such preceding fiscal year. ‘‘SEC. . IMPROVEMENT OF THE IRS 1–800 HELP ‘‘(2) Appropriations and funds made avail- LINE SERVICE. (1) the appropriate authority of such State able, and authority granted, for a project or ‘‘(a) Funds made available by this or any government makes application to the Ad- activity for any fiscal year pursuant to this other Act to the Internal Revenue Service ministrator to receive FTS 2000 service and, section shall be at a rate of operations not in shall be available for improved facilities and as part of the application, agrees to pay all excess of the lower of— increased manpower to provide sufficient costs associated with access; and ‘‘(A) the rate of operations provided for in and effective 1–800 help line for taxpayers. (2) the Administrator finds that it would the regular appropriation Act providing for (b) The Commissioner shall make the im- be advantageous for the federal government such project or activity for the preceding fis- provement of the IRS 1–800 help line service to provide FTS 2000 service to such State cal year, a priority and allocate resources necessary government. ‘‘(B) in the absence of such an Act, the rate to ensure the increase in phone lines and (b) Nothing in this section shall be con- of operations provided for such project or ac- staff to improve the IRS 1–800 help line serv- strued to authorize the administrator of the tivity pursuant to a joint resolution making ice. General Services Administration to implement cooperative purchasing under 40 U.S.C. continuing appropriations for such preceding 481(b)(2). fiscal year, FAIRCLOTH AMENDMENT NO. 5262 (c) The authority provided in this section ‘‘(C) the rate of operations provided for in Mr. SHELBY (for Mr. FAIRCLOTH) shall expire on September 30, 1998. the House or Senate passed appropriation proposed an amendment to the bill, bill for the fiscal year in question, except that the lower of these two versions shall be H.R. 3756, supra; as follows: DORGAN (AND OTHERS) ignored for any project or activity for which On page 26, after line 9, insert the follow- AMENDMENT NO. 5265 there is a budget request if no funding is pro- ing: (Ordered to lie on the table.) vided for that project or activity in either SEC. . No funds available by this Act, or Mr. DORGAN (for himself, Mr. version, any other Act, to the Internal Revenue Serv- ‘‘(D) the rate provided in the budget sub- ice may be used to pay for the design and CONRAD, and Mr. DASCHLE) submitted an amendment intended to be proposed mission of the President under section printing of more than two ink colors on the 1105(a) of title 31, United States Code, for the covers of income tax packages, and such ink by them to the bill, H.R. 3756, supra; as fiscal year in question, or colors must be the same colors as used to follows: ‘‘(E) the annualized rate of operations pro- print the balance of the material in each At the appropriate place in the bill, add vided for in the most recently enacted joint package. the following: resolution making continuing appropriations Notwithstanding any other provision of for part of that fiscal year or any funding LEVIN AMENDMENT NO. 5263 law, the Secretary of the Interior, through levels established under the provisions of the Bureau of Indian Affairs, may directly this Act. Mr. SHELBY (for Mr. LEVIN) pro- transfer to Indian tribes in North and South ‘‘(3) Appropriations and funds made avail- posed an amendment to the bill, H.R. Dakota portable housing units at the Grand able, and authority granted, for any fiscal 3756, supra; as follows: Forks Air Force base in North Dakota which year pursuant to this section for a project or At the appropriate place, insert the follow- have been declared excess by the Department activity shall be available for the period being: of Defense and requested for transfer by the ginning with the first day of a lapse in ap- The Senate finds: Department of the Interior. propriations and ending with the earlier of— That on June 28, 1995, the United States ‘‘(A) the date on which the applicable regu- and Japan finalized the text of the U.S.- MCCAIN (AND HELMS) lar appropriation bill for such fiscal year be- Japan Framework Agreement on Autos and AMENDMENT NO. 5266 comes law (whether or not such law provides Auto Parts in Geneva. for such project or activity) or a continuing That the 30 page text spells out a wide- Mr. MCCAIN (for himself, Mr. HELMS, resolution making appropriations becomes ranging set of commitments by the Govern- Mr. COVERDELL, and GRAHAM) proposed law, as the case may be, or S10432 CONGRESSIONAL RECORD — SENATE September 12, 1996

‘‘(B) the last day of such fiscal year. (b) SUNSET.—the amendments made by this Sec. ll112. Distribution for at-risk youth ‘‘(b) An appropriation or funds made avail- Act shall sunset and have no force or effect activities. able, or authority granted, for a project or 6 years after the date of enactment of this Sec. ll113. Funding for State vocational activity for any fiscal year pursuant to this Act. education activities and dis- section shall be subject to the terms and tribution for secondary school conditions imposed with respect to the ap- DASCHLE AMENDMENT NO. 5268 vocational education. propriation made or funds made available for Sec. ll114. Distribution for postsecondary the preceding fiscal year, or authority grant- (Ordered to lie on the table.) and adult vocational education. ed for such project or activity under current Mr. DASCHLE submitted an amend- Sec. ll115. Special rules for vocational law. ment intended to be proposed by him education. ‘‘(c) Appropriations and funds made avail- to the bill, H.R. 3756, supra; as follows: Sec. ll116. Distribution for adult edu- able, and authority granted, for any project cation and literacy. or activity for any fiscal year pursuant to At the appropriate place, insert the following: Sec. ll117. Distribution for flexible activi- this section shall cover all obligations or ex- ties. penditures incurred for such project or activ- ESTABLISHING A NATIONAL REPOSITORY FOR ity during the portion of such fiscal year for ARSON AND EXPLOSIVES INFORMATION Subtitle C—Use of Funds which this section applies to such project or SEC. . NATIONAL REPOSITORY FOR INFORMA- Sec. ll121. Employment and training ac- activity. TION ON EXPLOSIVES INCIDENTS tivities. ‘‘(d) Expenditures made for a project or ac- AND ARSON. Sec. ll122. At-risk youth activities. tivity for any fiscal year pursuant to this (a) Section 846 of Title 18, United States Sec. ll123. Vocational education activi- section shall be charged to the applicable ap- Code, is amended by— ties. propriation, fund, or authorization whenever (1) designating the existing section as sub- Sec. ll124. Adult education and literacy a regular appropriation bill or a joint resolu- section (a); and activities. tion making continuing appropriations until (2) by adding the following new subsection Sec. ll125. Flexible activities. the end of a fiscal year providing for such (b) to read as follows: Sec. ll126. Requirements and restrictions project or activity for such period becomes ‘‘(b) The Secretary is authorized to estab- relating to use of funds. lish a national repository of information on law. Subtitle D—National Activities ‘‘(e) This section shall not apply to a incidents involving arson and the suspected project or activity during a fiscal year if any criminal misuse of explosives. All Federal Sec. ll131. Coordination provisions. other provision of law (other than an author- agencies having information concerning such Sec. ll132. Incentive grants and sanctions. ization of appropriations)— incidents shall report the information to the Sec. ll133. National emergency grants. ll ‘‘(1) makes an appropriation, makes funds Secretary pursuant to such regulations as Sec. 134. Evaluation; research, dem- available, or grants authority for such deemed necessary to carry out the provisions onstrations, dissemination, and project or activity to continue for such pe- of this subsection. The repository shall also technical assistance. ll riod, or contain information on incidents voluntarily Sec. 135. Migrant and seasonal farm- ‘‘(2) specifically provides that no appro- reported to the Secretary by State and local worker program. ll priation shall be made, no funds shall be authorities.’’ Sec. 136. Native American Program. made available, or no authority shall be (b) There is authorized to be appropriated Sec. ll137. Grants to outlying areas. granted for such project or activity to con- such sums as are necessary to establish the Sec. ll138. National Institute for Literacy. tinue for such period. repository provided for in subsection (a). Sec. ll139. Labor market information. ‘‘(f) For purposes of this section, the term Subtitle E—Transition Provisions ‘regular appropriation bill’ means any an- Sec. ll141. Waivers. nual appropriation bill making appropria- KASSEBAUM AMENDMENT NO. 5269 Sec. ll142. Technical assistance. tions, otherwise making funds available, or (Ordered to lie on the table.) Sec. ll143. Applications and plans under granting authority, for any of the following Mrs. KASSEBAUM submitted an covered Acts. categories of projects and activities: amendment intended to be proposed by Sec. ll144. Interim authorizations of ap- ‘‘(1) Agriculture, rural development, and her to the bill, H.R. 3756, supra; as fol- related agencies programs. propriations. ‘‘(2) The Departments of Commerce, Jus- lows: Subtitle F—General Provisions tice, and State, the judiciary, and related Insert before the first section the follow- Sec. ll151. Authorization of appropria- agencies. ing: tions. ‘‘(3) The Department of Defense. DIVISION A—GENERAL PROVISIONS Sec. ll152. Local expenditures contrary to ‘‘(4) The government of the District of Co- At the end of the bill, add the following: title. lumbia and other activities chargeable in ll Sec. ll153. Effective dates. whole or in part against the revenues of the SEC. . REFERENCES. District. References in this division to this Act shall TITLE II—WORKFORCE AND CAREER ‘‘(5) The Departments of Labor, Health and be deemed to be references to this division. DEVELOPMENT-RELATED ACTIVITIES Human Services, and Education, and related DIVISION B—WORKFORCE AND CAREER Subtitle A—Amendments to the Wagner- agencies. DEVELOPMENT Peyser Act ‘‘(6) The Department of Housing and Urban SEC. ll001. SHORT TITLE. Sec. ll201. Definitions. Development, and sundry independent agen- This division may be cited as the Sec. ll202. Functions. cies, boards, commissions, corporations, and ‘‘Workforce and Career Development Act of Sec. ll203. Designation of State agencies. offices. 1996’’. Sec. ll204. Appropriations. ‘‘(7) Energy and water development. ll ll ‘‘(8) Foreign assistance and related pro- SEC. 002. TABLE OF CONTENTS. Sec. 205. Disposition of allotted funds. ll grams. The table of contents is as follows: Sec. 206. State plans. ll ll ‘‘(9) The Department of the Interior and re- Sec. 001. Short title. Sec. 207. Repeal of Federal Advisory Sec. ll002. Table of contents. lated agencies. Council. Sec. ll003. Purpose and policy. Sec. ll208. Regulations. ‘‘(10) Military construction. ll ‘‘(11) The Department of Transportation Sec. 004. Definitions. Sec. ll209. Effective date. Sec. ll005. General provision. and related agencies. Subtitle B—Amendments to the ‘‘(12) The Treasury Department, the U.S. TITLE I—STATEWIDE WORKFORCE AND Rehabilitation Act of 1973 Postal Service, the Executive Office of the CAREER DEVELOPMENT SYSTEMS Sec. ll211. References. President, and certain independent agencies. Subtitle A—State and Local Provisions Sec. ll212. Findings and purposes. ‘‘(13) The legislative branch.’’. ll Sec. 101. Statewide workforce and career Sec. ll213. Definitions. (b) CLERICAL AMENDMENT.—The analysis of development systems estab- chapter 13 of title 31, United States Code, is Sec. ll214. Administration. lished. Sec. ll215. Reports. amended by inserting after the item relating ll Sec. 102. State allotments. Sec. ll216. Evaluation. to section 1310 the following new item: Sec. ll103. State apportionment by activ- Sec. ll217. Declaration of policy. ‘‘1311. Continuing appropriations.’’. ity. Sec. ll218. State plans. (c) PROTECTION OF OTHER OBLIGATIONS.— Sec. ll104. State plan. Sec. ll219. Individualized employment Nothing in the amendments made by this Sec. ll105. Collaborative process. plans. section shall be construed to effect Govern- Sec. ll106. Accountability. Sec. ll220. State Rehabilitation Advisory ment obligations mandated by other law, in- Sec. ll107. Identification of eligible pro- Council. cluding obligations with respect to Social viders of training services. ll Sec. ll221. Evaluation standards and per- Security, Medicare, and Medicaid. Sec. 108. Local workforce development boards. formance indicators. SEC. 3. EFFECTIVE DATE AND SUNSET. Sec. ll222. Effective date. (a) EFFECTIVE DATE.—The amendments Subtitle B—Allocation made by this Act shall apply with respect to Sec. ll111. Distribution for employment Subtitle C—Job Corps fiscal years beginning with fiscal year 1997. and training activities. Sec. ll231. Definitions. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10433 Sec. ll232. Purposes. cation and who have not achieved an equiva- needs, trends, and opportunities, in individ- Sec. ll233. Establishment. lent level of education; and uals; Sec. ll234. Individuals eligible for the Job (D) who lack a mastery of basic skills and (B) assists such individuals in making and Corps. are therefore unable to speak, read, or write implementing informed educational and oc- Sec. ll235. Screening and selection of ap- the English language. cupational choices; plicants. (2) ADULT EDUCATION AND LITERACY ACTIVI- (C) is comprehensive in nature; and Sec. ll236. Enrollment and assignment. TIES.—The term ‘‘adult education and lit- (D) with respect to minors, includes the in- Sec. ll237. Job Corps centers. eracy activities’’ means the activities au- volvement of parents, where practicable. ll Sec. 238. Program activities. thorized in section ll124. (9) CHIEF ELECTED OFFICIAL.—The term Sec. ll239. Support. (3) ALL ASPECTS OF THE INDUSTRY.—The ‘‘chief elected official’’ means the chief ll Sec. 240. Operating plan. term ‘‘all aspects of the industry’’ means elected executive officer of a unit of general Sec. ll241. Standards of conduct. strong experience in, and comprehensive un- local government in a local workforce devel- Sec. ll242. Community participation. derstanding of, the industry that individuals opment area. Sec. ll243. Counseling and placement. are preparing to enter. (10) COMMUNITY-BASED ORGANIZATION.—The Sec. ll244. Advisory committees. term ‘‘community-based organization’’ Sec. ll245. Application of provisions of (4) AREA VOCATIONAL EDUCATION SCHOOL.— The term ‘‘area vocational education school’’ means a private nonprofit organization of Federal law. demonstrated effectiveness that is represent- ll means— Sec. 246. Special provisions. ative of a community or a significant seg- ll (A) a specialized secondary school used ex- Sec. 247. Review of Job Corps Centers. ment of a community. ll clusively or principally for the provision of Sec. 248. Administration. (11) COOPERATIVE EDUCATION.—The term ll vocational education to individuals who are Sec. 249. Authorization of appropria- ‘‘cooperative education’’ means a method of available for study in preparation for enter- tions. instruction of education for individuals who, ll ing the labor market; Sec. 250. Effective date. through written cooperative arrangements (B) the department of a secondary school Subtitle D—Amendments to the National between a school and employers, receive in- exclusively or principally used for providing Literacy Act of 1991 struction, including required academic vocational education in not fewer than 5 dif- Sec. ll261. Extension of functional literacy courses and related instruction, by alter- ferent occupational fields to individuals who and life skills program for nation of study in school with a job in any are available for study in preparation for en- State and local prisoners. occupational field, which alternation shall tering the labor market; be planned and supervised by the school and TITLE III—MUSEUMS AND LIBRARIES (C) a technical institute or vocational ll employer so that each contributes to the Sec. 301. Museum and library services. school used exclusively or principally for the education and employability of the individ- Sec. ll302. National Commission on Li- provision of vocational education to individual, and may include an arrangement in braries and Information uals who have completed or left secondary which work periods and school attendance Science. school and who are available for study in ll may be on alternate half days, full days, Sec. 303. Transfer of functions from In- preparation for entering the labor market, if weeks, or other periods of time in fulfilling stitute of Museum Services. the institute or school admits as regular stu- the cooperative program. Sec. ll304. Service of individuals serving dents both individuals who have completed (12) COVERED ACTIVITY.—The term ‘‘covered on date of enactment. secondary school and individuals who have activity’’ means an activity authorized to be Sec. ll305. Consideration. left secondary school; or ll carried out under a provision described in Sec. 306. Transition and transfer of (D) the department or division of a junior section ll501(f) (as such provision was in ef- funds. college, or community college, that operates fect on the day before the date of enactment TITLE IV—HIGHER EDUCATION under the policies of the eligible agency and of this Act). Sec. ll401. Reorganization of the Student that provides vocational education in not (13) DISLOCATED WORKER.—The term ‘‘dis- Loan Marketing Association fewer than 5 different occupational fields located worker’’ means an individual who— through the formation of a leading to immediate employment but not (A)(i) has been terminated or laid off, or holding company. necessarily leading to a baccalaureate de- who has received a notice of termination or Sec. ll402. Connie Lee privatization. gree, if the department or division admits as layoff, from employment; Sec. ll403. Eligible institution. regular students both individuals who have (ii) is eligible for or has exhausted entitle- completed secondary school and individuals TITLE V—REPEALS AND CONFORMING ment to unemployment compensation; and who have left secondary school. AMENDMENTS (iii) is unlikely to return to a previous in- (5) AT-RISK YOUTH.—The term ‘‘at-risk ll dustry or occupation; Sec. 501. Repeals. youth’’ means an individual who— (B) has been terminated or laid off, or has Sec. ll502. Conforming amendments. (A) is not less than age 15 and not more received a notice of termination or layoff, Sec. ll503. Effective dates. than age 21; from employment as a result of any perma- SEC. ll003. PURPOSE AND POLICY. (B) is low-income, defined as an individual nent closure of, or any substantial layoff at, (a) PURPOSE.—The purpose of this division who meets the requirements of subparagraph a plant, facility, or enterprise; is to transform the vast array of Federal (A), (B), or (C) of paragraph (31); and (C) has been unemployed long-term and has education, employment, and job training (C) is 1 or more of the following: limited opportunities for employment or re- programs from a collection of fragmented (i) A school dropout. employment in the same or a similar occupa- and duplicative categorical programs into (ii) Homeless, a runaway, or a foster child. tion in the area in which such individual re- streamlined, coherent, and accountable (iii) Pregnant or a parent. sides; statewide systems designed— (iv) An offender. (D) was self-employed (including a farmer (1) to develop more fully the academic, oc- (v) An individual who requires additional and a rancher) but is unemployed as a result cupational, and literacy skills of all seg- education, training, counseling, or related of general economic conditions in the comments of the population of the United assistance in order to participate success- munity in which the individual resides or be- States; and fully in regular schoolwork, to complete an cause of natural disasters; (2) to meet the needs of employers in the educational program, or to secure and hold (E) is a displaced homemaker; or United States to be competitive. employment. (F) has become unemployed as a result of a (b) POLICY.—It is the sense of the Congress (6) AT-RISK YOUTH ACTIVITIES.—The term Federal action that limits the use of, or re- that adult education and literacy activities ‘‘at-risk youth activities’’ means the activi- stricts access to, a marine natural resource. are a key component of any successful state- ties authorized in section ll122, carried out (14) DISPLACED HOMEMAKER.—The term wide workforce and career development sys- for at-risk youth. ‘‘displaced homemaker’’ means an individual tem. (7) CAREER GRANT.—The term ‘‘career who— SEC. ll004. DEFINITIONS. grant’’ means a voucher or credit issued to a (A) has attained 16 years of age; and Except as otherwise specified in this divi- participant under subsection (e)(3) or (g) of (B)(i) has worked primarily without remu- sion, as used in this division: section ll121 for the purchase of training neration to care for a home and family, and (1) ADULT EDUCATION.—The term ‘‘adult services from eligible providers of such serv- for that reason has diminished marketable education’’ means services or instruction ices. skills; or below the postsecondary level for individ- (8) CAREER GUIDANCE AND COUNSELING.—The (ii) is a parent whose youngest dependent uals— term ‘‘career guidance and counseling’’ child will become ineligible to receive assist- (A) who have attained 16 years of age; means a program that— ance under the program for aid to families (B) who are not enrolled or required to be (A) pertains to a body of subject matter with dependent children under part A of title enrolled in secondary school; and related techniques and methods orga- IV of the Social Security Act (42 U.S.C. 601 (C)(i) who lack sufficient mastery of basic nized for the development of career aware- et seq.) not later than 2 years after the date educational skills to enable the individuals ness, career planning, career decisionmak- on which the parent applies for assistance to function effectively in society; or ing, placement skills, and knowledge and un- under this title. (ii) who do not have a certificate of gradua- derstanding of local, State, and national oc- (15) EDUCATIONAL SERVICE AGENCY.—The tion from a school providing secondary edu- cupational, educational, and labor market term ‘‘educational service agency’’ means a S10434 CONGRESSIONAL RECORD — SENATE September 12, 1996 regional public multiservice agency author- (A) Interactive literacy activities between food stamps pursuant to the Food Stamp Act ized by State statute to develop and manage parents and their children. of 1977 (7 U.S.C. 2011 et seq.); a service or program and provide the service (B) Training for parents on how to be the (D) qualifies as a homeless individual, as or program to a local educational agency. primary teacher for their children and full defined in subsections (a) and (c) of section (16) ELIGIBLE AGENCY.—The term ‘‘eligible partners in the education of their children. 103 of the Stewart B. McKinney Homeless As- agency’’ means— (C) Parent literacy training. sistance Act (42 U.S.C. 11302); (A) in the case of vocational education ac- (D) An age-appropriate education program (E) is a foster child on behalf of whom tivities or requirements described in title I— for children. State or local government payments are (i) the individual, entity, or agency in a (23) FLEXIBLE ACTIVITIES.—The term ‘‘flexi- made; or State responsible for administering or set- ble activities’’ means the activities author- (F) in cases permitted by regulations of the ting policies for vocational education in such ized in section ll125. Secretary, is an individual with a disability State pursuant to State law; or (24) INDIVIDUAL OF LIMITED ENGLISH PRO- whose own income meets the requirements of (ii) if no individual, entity, or agency is re- FICIENCY.—The term ‘‘individual of limited a program described in subparagraph (A) or sponsible for administering or setting such English proficiency’’ means an individual— of subparagraph (B), but who is a member of policies pursuant to State law, the individ- (A) who has limited ability in speaking, a family whose income does not meet such ual, entity, or agency in a State responsible reading, or writing the English language; requirements. for administering or setting policies for vo- and (32) NONTRADITIONAL EMPLOYMENT.—The cational education in such State on the date (B)(i) whose native language is a language term ‘‘nontraditional employment’’, refers of enactment of this Act; and other than English; or to occupations or fields of work for which in- (B) in the case of adult education and lit- (ii) who lives in a family or community en- dividuals from one gender comprise less than eracy activities or requirements described in vironment where a language other than Eng- 25 percent of the individuals employed in title I— lish is the dominant language. each such occupation or field of work. (i) the individual, entity, or agency in a (25) INDIVIDUAL WITH A DISABILITY.— (33) ON-THE-JOB TRAINING.—The term ‘‘on- State responsible for administering or set- (A) IN GENERAL.—The term ‘‘individual the-job training’’ means training in the pub- ting policies for adult education and literacy with a disability’’ means an individual with lic or private sector that is provided to a services in such State pursuant to State law; any disability (as defined in section 3 of the paid participant while engaged in productive or Americans with Disabilities Act of 1990 (42 work in a job that— (ii) if no individual, entity, or agency is re- U.S.C. 12102)). (A) provides knowledge or skills essential sponsible for administering or setting such (B) INDIVIDUALS WITH DISABILITIES.—The to the full and adequate performance of the policies pursuant to State law, the individ- term ‘‘individuals with disabilities’’ means job; ual, entity, or agency in a State responsible more than 1 individual with a disability. (B) provides reimbursement to employers for administering or setting policies for (26) LABOR MARKET AREA.—The term ‘‘labor of up to 50 percent of the wage rate of the adult education and literacy services in such market area’’ means an economically inte- participant, for the extraordinary costs of State on the date of enactment of this Act. grated geographic area within which individ- providing the training and additional super- (17) ELIGIBLE INSTITUTION.—The term ‘‘eli- uals can— vision related to the training; and gible institution’’, used with respect to voca- (A) find employment within a reasonable (C) is limited in duration as appropriate to tional education activities, means a local distance from their place of residence; or the occupation for which the participant is educational agency, an area vocational edu- (B) readily change employment without being trained. cation school, an educational service agency, changing their place of residence. (34) OUTLYING AREA.—The term ‘‘outlying an institution of higher education (as such (27) LITERACY.—The term ‘‘literacy’’, used area’’ means the United States Virgin Is- term is defined in section 1201(a) of the High- with respect to an individual, means the lands, Guam, American Samoa, the Com- er Education Act of 1965 (20 U.S.C. 1141(a))), ability of the individual to speak, read, and monwealth of the Northern Mariana Islands, a State corrections educational agency, and write English, and compute and solve prob- the Republic of the Marshall Islands, the a consortium of such entities. lems, at levels of proficiency necessary— Federated States of Micronesia, and the Re- (18) ELIGIBLE PROVIDER.—The term ‘‘eligi- (A) to function on the job, in the family of public of Palau. ble provider’’, used with respect to— the individual, and in society; (35) PARTICIPANT.—The term ‘‘participant’’, (A) one-stop career centers, means a pro- (B) to achieve the goals of the individual; used with respect to an activity carried out vider who is designated or certified in ac- and under this division, means an individual par- cordance with section ll108(d)(2)(A); (C) to develop the knowledge potential of ticipating in the activity. (B) training services (other than on-the-job the individual. (36) PELL GRANT RECIPIENT.—The term training), means a provider who is identified (28) LOCAL BOARD.—The term ‘‘local board’’ ‘‘Pell Grant recipient’’ means a recipient of in accordance with section ll107; means a local workforce development board financial aid under subpart 1 of part A of (C) at-risk youth activities, means a pro- established under section ll108. title IV of the Higher Education Act of 1965 vider who is awarded a grant in accordance (29) LOCAL EDUCATIONAL AGENCY.—The term (20 U.S.C. 1070a et seq.). with subsection (c) or (d) of section ll112; ‘‘local educational agency’’ has the meaning (37) POSTSECONDARY EDUCATIONAL INSTITU- (D) vocational education activities de- given such term in section 14101 of the Ele- TION.—The term ‘‘postsecondary educational scribed in section ll123(b), means a pro- mentary and Secondary Education Act of institution’’ means an institution of higher vider determined to be eligible for assistance 1965 (20 U.S.C. 8801). education (as such term is defined in section in accordance with section ll113 or ll114; (30) LOCAL WORKFORCE DEVELOPMENT 481 of the Higher Education Act of 1965 (20 (E) adult education activities described in AREA.—The term ‘‘local workforce develop- U.S.C. 1088)) that continues to meet the eli- section ll124(b), means a provider deter- ment area’’ means a local workforce develop- gibility and certification requirements under mined to be eligible for assistance in accord- ment area identified in accordance with sec- title IV of such Act (20 U.S.C. 1070 et seq.). ance with section ll116; or tion ll104(b)(4). (38) RAPID RESPONSE ASSISTANCE.—The (F) other workforce and career develop- (31) LOW-INCOME INDIVIDUAL.—The term term ‘‘rapid response assistance’’ means as- ment activities, means a public or private ‘‘low-income individual’’ means an individ- sistance provided by a State, or by an entity entity selected to be responsible for such ac- ual who— designated by a State, with funds provided tivities, in accordance with this title. (A) receives, or is a member of a family by the State under section ll111(a)(2)(B), in (19) EMPLOYMENT AND TRAINING ACTIVI- that receives, cash welfare payments under a the case of a permanent closure or mass lay- TIES.—The term ‘‘employment and training Federal, State, or local welfare program; off at a plant, facility, or enterprise, or a activities’’ means the activities authorized (B) had received an income, or is a member natural or other disaster, that results in in section ll121. of a family that had received a total family mass job dislocation, in order to assist dis- (20) ENGLISH LITERACY PROGRAM.—The term income, for the 6-month period prior to ap- located workers in obtaining reemployment ‘‘English literacy program’’ means a pro- plication for the program involved (exclusive as soon as possible, with services including— gram of instruction designed to help individ- of unemployment compensation, child sup- (A) the establishment of onsite contact uals of limited English proficiency achieve port payments, and payments described in with employers and employee representa- full competence in the English language. subparagraph (A)) that, in relation to family tives— (21) FAMILY AND CONSUMER SCIENCES PRO- size, does not exceed the higher of— (i) immediately after the State is notified GRAMS.—The term ‘‘family and consumer (i) the poverty line (as defined by the Of- of a current or projected permanent closure sciences programs’’ means instructional pro- fice of Management and Budget, and revised or mass layoff; or grams, services, and activities that prepare annually in accordance with section 673(2) of (ii) in the case of a disaster, immediately students for personal, family, community, the Community Services Block Grant Act (42 after the State is made aware of mass job and career roles. U.S.C. 9902(2)), for an equivalent period; or dislocation as a result of such disaster; (22) FAMILY LITERACY SERVICES.—The term (ii) 70 percent of the lower living standard (B) the provision of information and access ‘‘family literacy services’’ means services income level, for an equivalent period; to available employment and training activi- that are of sufficient intensity in terms of (C) is a member of a household that re- ties; hours, and of sufficient duration, to make ceives (or has been determined within the 6- (C) the provision of emergency assistance sustainable changes in a family and that in- month period prior to application for the adapted to the particular closure, layoff, or tegrate all of the following activities: program involved to be eligible to receive) disaster; and September 12, 1996 CONGRESSIONAL RECORD — SENATE S10435 (D) the provision of assistance to the local (D) builds student competence in mathe- SEC. ll102. STATE ALLOTMENTS. community in developing a coordinated re- matics, science, communications, economics, (a) IN GENERAL.—The Secretaries shall sponse and in obtaining access to State eco- and workplace skills, through applied aca- allot to each State that meets the require- nomic development assistance. demics and integrated instruction in a coher- ments of subsection (e) an amount equal to (39) SCHOOL DROPOUT.—The term ‘‘school ent sequence of courses; the total of the amounts made available dropout’’ means an individual who is no (E) leads to an associate degree or a cer- under subparagraphs (A), (B), (C), and (D) of longer attending any school and who has not tificate in a specific career field; and subsection (b)(2), adjusted in accordance received a secondary school diploma or its (F) leads to placement in appropriate em- with subsections (c) and (d). (b) ALLOTMENTS BASED ON POPULATIONS.— recognized equivalent. ployment or further education. (1) DEFINITIONS.—As used in this sub- (40) SECONDARY SCHOOL.—The term ‘‘sec- (50) UNIT OF GENERAL LOCAL GOVERNMENT.— section: ondary school’’ has the meaning given the The term ‘‘unit of general local government’’ (A) ADULT RECIPIENT OF ASSISTANCE.—The term in section 14101 of the Elementary and means any general purpose political subdivi- term ‘‘adult recipient of assistance’’ means a Secondary Education Act of 1965 (20 U.S.C. sion of a State that has the power to levy recipient of assistance under a State pro- 8801). taxes and spend funds, as well as general corporate and police powers. gram funded under part A of title IV of the (41) SECRETARIES.—The term ‘‘Secretaries’’ Social Security Act (42 U.S.C. 601 et seq.) means the Secretary of Labor and the Sec- (51) VETERAN.—The term ‘‘veteran’’ has the meaning given such term in section 101(2) of who is not a dependent child (as defined in retary of Education, in accordance with the section 406(a) of such Act (42 U.S.C. 606(a))). interagency agreement described in section title 38, United States Code. (52) VOCATIONAL EDUCATION.—The term (B) INDIVIDUAL IN POVERTY.—The term ‘‘in- ll131. ‘‘vocational education’’ means organized dividual in poverty’’ means an individual (42) SEQUENTIAL COURSE OF STUDY.—The educational programs that— who— term ‘‘sequential course of study’’ means an (A) offer a sequence of courses that provide (i) is not less than age 16; integrated series of courses that are directly individuals with the academic knowledge (ii) is not more than age 64; and related to the educational and occupational and skills the individuals need to prepare for (iii) is a member of a family (of 1 or more skill preparation of an individual for a job, further education and careers in current or members) with an income that does not ex- or to preparation for postsecondary edu- emerging employment sectors; and ceed the poverty line. cation. (B) include competency-based applied (C) POVERTY LINE.—The term ‘‘poverty (43) STATE.—The term ‘‘State’’ means each learning that contributes to the academic line’’ means the poverty line (as defined by of the several States of the United States, knowledge, higher-order reasoning and prob- the Office of Management and Budget, and the District of Columbia, and the Common- lem-solving skills, work attitudes, general revised annually in accordance with section wealth of Puerto Rico. employability skills, and occupation-specific 673(2) of the Community Services Block (44) STATE BENCHMARKS.—The term ‘‘State skills, of an individual. Grant Act (42 U.S.C. 9902(2)) applicable to a benchmarks’’, used with respect to a State, (53) VOCATIONAL EDUCATION ACTIVITIES.— family of the size involved, using the most means— The term ‘‘vocational education activities’’ recent available data provided by the Bureau (A) the quantifiable benchmarks required means the activities authorized in section of the Census, prior to the program year for ll under section 106(b) and identified in the ll123. which the allotment is made, and applying ll report submitted under section 106(c); (54) VOCATIONAL REHABILITATION PRO- the definition of poverty used by the Bureau and GRAM.—The term ‘‘vocational rehabilitation of the Census in compiling the 1990 decennial (B) such other quantifiable benchmarks of program’’ means a program assisted under census. the statewide progress of the State toward title I of the Rehabilitation Act of 1973 (29 (2) CALCULATION.—Except as provided in meeting the State goals as the State may U.S.C. 720 et seq.). subsections (c) and (d), from the amount re- identify in the report submitted under sec- (55) VOCATIONAL STUDENT ORGANIZATION.— served under section ll151(b)(1), the Sec- tion ll106(c). The term ‘‘vocational student organization’’ retaries— (45) STATE EDUCATIONAL AGENCY.—The term means an organization, for individuals en- (A) using funds equal to 60 percent of such ‘‘State educational agency’’ has the meaning rolled in programs of vocational education reserved amount, shall make available to given such term in section 14101 of the Ele- activities, that engages in activities as an each State an amount that bears the same mentary and Secondary Education Act of integral part of the instructional component relationship to such funds as the total num- 1965 (20 U.S.C. 8801). of such programs, which organization may ber of individuals who are not less than age (46) STATE GOALS.—The term ‘‘State have State and national units. 15 and not more than age 65 (as determined goals’’, used with respect to a State, means— (56) WORKFORCE AND CAREER DEVELOPMENT by the Secretaries using the most recent (A) the goals specified in section ll106(a); ACTIVITIES.—The term ‘‘workforce and career available data provided by the Bureau of the and development activities’’ means employment Census, prior to the program year for which (B) such other major goals of the statewide and training activities, at-risk youth activi- the allotment is made) in the State bears to system of the State as the State may iden- ties, vocational education activities, and the total number of such individuals in all tify in the report submitted under section adult education and literacy activities. States; ll106(c). SEC. ll005. GENERAL PROVISION. (B) using funds equal to 20 percent of such (47) STATEWIDE SYSTEM.—The term ‘‘state- None of the funds made available under reserved amount, shall make available to wide system’’ means a statewide workforce this division shall be used— each State an amount that bears the same and career development system, referred to (1) to require any participant to choose or relationship to such funds as the total num- in section ll101, that includes employment pursue a specific career path or major; ber of individuals in poverty in the State and training activities, activities carried out (2) to require any participant to enter into bears to the total number of individuals in pursuant to the Wagner-Peyser Act (29 a specific course of study that requires, as a poverty in all States; U.S.C. 49 et seq.), at-risk youth activities, condition of completion, attainment of a fed- (C) using funds equal to 10 percent of such vocational education activities, and adult erally funded or endorsed industry-recog- reserved amount, shall make available to education and literacy activities, in the nized skill or standard; or each State an amount that bears the same State. (3) to require any participant to attain or relationship to such funds as the average (48) SUPPORTIVE SERVICES.—The term ‘‘sup- obtain a federally funded or endorsed indus- number of unemployed individuals (as deter- portive services’’ means services such as try-recognized skill, certificate, or standard, mined by the Secretary of Labor for the transportation, child care, dependent care, unless the participant has selected and is most recent 24-month period for which data and needs-based payments, that are nec- participating in a program or course of study are available, prior to the program year for essary to enable an individual to participate that requires, as a condition of completion, which the allotment is made) in the State in employment and training activities or at- attainment of an industry-recognized skill or bears to the average number of unemployed risk youth activities. standard. individuals (as so determined) in all States; (49) TECH-PREP PROGRAM.—The term ‘‘tech- TITLE I—STATEWIDE WORKFORCE AND and prep program’’ means a program of study CAREER DEVELOPMENT SYSTEMS (D) using funds equal to 10 percent of such that— Subtitle A—State and Local Provisions reserved amount, shall make available to (A) combines at least 2 years of secondary SEC. ll101. STATEWIDE WORKFORCE AND CA- each State an amount that bears the same education (as determined under State law) REER DEVELOPMENT SYSTEMS ES- relationship to such funds as the average and 2 years of postsecondary education in a TABLISHED. monthly number of adult recipients of assist- nonduplicative sequential course of study; For program year 1998 and each subsequent ance (as determined by the Secretary of (B) integrates academic and vocational in- program year, the Secretaries shall make al- Health and Human Services for the most re- struction and utilizes worksite learning lotments under section ll102 to States to cent 12-month period for which data are where appropriate; assist the States in paying for the cost of es- available, prior to the program year for (C) provides technical preparation in an tablishing statewide workforce and career which the allotment is made) in the State area such as engineering technology, applied development systems and carrying out bears to the average monthly number of science, a mechanical, industrial, or prac- workforce and career development activities adult recipients of assistance (as so deter- tical art or trade, agriculture, a health occu- through such statewide systems, in accord- mined) in all States. pation, business, or applied economics; ance with this title. (c) MINIMUM STATE ALLOTMENT.— S10436 CONGRESSIONAL RECORD — SENATE September 12, 1996

(1) DEFINITION.—As used in this subsection, (1) a portion equal to 32 percent of such of the manner in which the individuals and the term ‘‘national average per capita pay- sum shall be made available for employment entities involved in the process collaborated ment’’, used with respect to a program year, and training activities; in the development of the plan; and means the amount obtained by dividing— (2) a portion equal to 16 percent of such (B)(i)(I) information demonstrating the (A) the amount reserved under section sum shall be made available for at-risk support of the individuals and entities par- ll151(b)(1) for the program year; by youth activities; ticipating in the collaborative process for (B) the total number of individuals who are (3) a portion equal to 26 percent of such the State plan; and not less than age 15 and not more than age sum shall be made available for vocational (II) the comments referred to in section 65 (as determined by the Secretaries using education activities; ll105(c)(2)(C), if any; and the most recent available data provided by (4) a portion equal to 6 percent of such sum (ii) information demonstrating the agree- the Bureau of the Census, prior to the pro- shall be made available for adult education ment, if any, of the Governor and the eligible gram year for which the allotment is made) and literacy activities; and agencies on all elements of the State plan; in all States. (5) a portion equal to 20 percent of such (2) a description of the State goals and (2) MINIMUM ALLOTMENT.—Except as pro- sum shall be made available for flexible ac- State benchmarks for workforce and career vided in paragraph (3) and subsection (d), no tivities (which portion may be referred to in development activities, that includes— State shall receive an allotment under this this title as the ‘‘flex account’’); (A) information identifying the State goals section for a program year in an amount carried out through the statewide system. that is less than 0.5 percent of the amount and State benchmarks and how the goals and (b) RECIPIENTS.—Subject to subsection (c), ll benchmarks will ensure continuous improve- reserved under section 151(b)(1) for the funds allotted to a State under section program year. ment of the statewide system and make the ll102 shall be distributed— statewide system relevant and responsive to (3) LIMITATION.—No State that receives an (1) to the Governor of the State for the por- increase in an allotment under this section labor market and education needs at the tions described in paragraphs (1) and (2) of for a program year as a result of the applica- local level; subsection (a), and such part of the flex action of paragraph (2) shall receive an allot- (B) information identifying performance count as the Governor may be eligible to re- ment under this section for the program year indicators that relate to measurement of the ceive, as determined under the State plan in an amount that is more than the product State progress toward meeting the State submitted under section ll104; and obtained by multiplying— goals and reaching the State benchmarks; (2) to the eligible agencies in the State for (A) the total number of individuals who are and the portions described in paragraphs (3) and not less than age 15 and not more than age (C) information describing how the State (4) of subsection (a), and such part of the flex 65 (as determined by the Secretaries using will coordinate workforce and career devel- account as the eligible agencies may be eligi- the most recent available data provided by opment activities to meet the State goals ble to receive, as determined under the State the Bureau of the Census, prior to the pro- and reach the State benchmarks; plan submitted under section ll104. gram year for which the allotment is made) (3) information describing— (c) CONSTRUCTION.—Nothing in this title in the State; and (A) the needs of the State with regard to shall be construed— (B) the product obtained by multiplying— current and projected demands for workers, (1) to negate or supersede any State law (i) 1.5; and by occupation; that is not inconsistent with the provisions (ii) the national average per capita pay- (B) the skills and economic development of this title, including the legal authority ment for the program year. needs of the State; and under State law of any State agency, State (4) ADJUSTMENTS.—In order to increase the (C) the type and availability of workforce entity, or State public official over programs allotments of States as a result of the appli- and career development activities in the that are under the jurisdiction of the agency, cation of paragraph (2), the Secretaries shall State; entity, or official; reduce, on a pro rata basis, the allotments of (4)(A) an identification of local workforce (2) to interfere with the authority of such the other States (except as provided in sub- development areas in the State, including a agency, entity, or official to enter into a section (d)). contract under any provision of law; and description of the process used for the des- (d) OVERALL LIMITATIONS.— (3) to prohibit any individual, entity, or ignation of such areas, which shall take into (1) DEFINITION.—As used in this subsection, consideration labor market areas, service the term ‘‘State percentage’’ means— agency in a State that is administering ac- ll ll areas in which related Federal programs are (A) with respect to the program year pre- tivities described in section 123 or 124 prior to the date of enactment of this Act, or provided or historically have been provided, ceding program year 1998, the percentage and service areas in which related State pro- that a State receives of the financial assist- setting education policies consistent with authority under State law for such activities grams are provided or historically have been ance made available to States to carry out provided; or covered activities for the year ending on on the day preceding the date of enactment of this Act, from continuing to administer (B) if the State receives an increase in an June 30, 1998; and ll such activities or set such education policies allotment under section 102 for a pro- (B) with respect to program year 1998 and gram year as a result of the application of each subsequent program year, the percent- consistent with authority under State law for such activities and in accordance with section ll102(c)(2), information stating age that a State receives of the amount re- that the State will be treated as a local ll this title. served under section 151(b)(1) for the pro- workforce development area for purposes of gram year. (d) SMITH-HUGHES VOCATIONAL EDUCATION ACT.—Notwithstanding any other provision the application of this title, at the election (2) LIMITATIONS.—No State shall receive an of law, the Secretary of Education shall use of the State; allotment under this section for a program (5) an identification of criteria for the ap- year in an amount that would make the funds appropriated under section 1 of the Act of February 23, 1917 (39 Stat. 929; 20 U.S.C. 11) pointment of members of local workforce de- State percentage for the program year— velopment boards, based on the requirements (A) less than the product obtained by mul- (commonly known as the ‘‘Smith-Hughes Vo- cational Education Act’’) to make allot- of section ll108; tiplying— (6) a description of how the State will uti- (i) 0.98; and ments to States. Such funds shall be allotted lize the statewide labor market information (ii) the State percentage of the State for to each State in the same manner and at the system described in section ll139(d); the preceding program year; or same time as allotments are made under sec- ll ll (7) a description of the measures that will (B) greater than the product obtained by tion 102. Section 103(a) shall not be taken by the State to assure coordination multiplying— apply with respect to such funds. The re- and consistency and avoid duplication (i) 1.02; and quirements of this title (other than section ll among activities receiving assistance under (ii) the State percentage of the State for 103(a)) shall apply to such funds to the this title, programs receiving assistance the preceding program year. same extent that the requirements apply to (e) CONDITIONS.—The Secretaries shall allot funds made available under section under title II, and programs carried out funds under subsection (a) to States that— ll103(a)(3). under the Wagner-Peyser Act (29 U.S.C. 49 et (1) submit State plans that contain all of SEC. ll104. STATE PLAN. seq.) or the Rehabilitation Act of 1973 (29 the information required under section (a) IN GENERAL.—For a State to be eligible U.S.C. 701 et seq.), including a description of ll104(b), including the identification of to receive an allotment under section common data collection and reporting proc- State goals and State benchmarks; and ll102, the Governor of the State shall sub- esses; (2) prepare the plans in accordance with mit to the Secretaries a single comprehen- (8) a description of the process used by the the requirements of sections ll104 and sive State plan that outlines a 3-year strat- State to provide an opportunity for public ll105 relating to the development of the egy for the statewide system of the State comment, and input into the development of State plan. and that meets the requirements of section the plan, prior to submission of the plan; SEC. ll103. STATE APPORTIONMENT BY ACTIV- ll105 and this section. (9) information identifying how the State ITY. (b) CONTENTS.—The State plan shall in- will obtain the active and continuous par- (a) ACTIVITIES.—From the funds made clude— ticipation of business, industry, and (as ap- available to a State through an allotment re- (1)(A) a description of the collaborative propriate) labor in the development and conceived under section ll102 for a program process described in section ll105 used in tinuous improvement of the statewide sys- year— developing the plan, including a description tem; September 12, 1996 CONGRESSIONAL RECORD — SENATE S10437 (10) assurances that the State will provide individuals with multiple barriers to em- State to improve education and training for for fiscal control and fund accounting proce- ployment (as determined by the State); and all individuals; and dures that may be necessary to ensure the (E) describing how the State will establish (C) describing how the State will annually proper disbursement of, and accounting for, and implement the required career grant evaluate the effectiveness of such adult edu- funds paid to the State through the allot- pilot program for dislocated workers pursu- cation and literacy activities. ment made under section ll102; ant to section ll121(g), including a descrip- (c) SPECIAL RULES.— (11) information describing the allocation tion of the size, scope, and quality of such (1) GOVERNOR.—The Governor of a State within the State of the funds made available program and a description of how the State, shall have final authority to determine the through the flex account for the State; after 3 years, will evaluate such program and content of the portion of the State plan de- (12) information identifying how any funds use the findings of the evaluation to improve scribed in paragraphs (1) through (17) of sub- that a State receives through the allotment the delivery of training services described in section (b). made under section ll102 will be leveraged section ll121(e)(3) for dislocated workers (2) ELIGIBLE AGENCIES.—An eligible agency with other private and public resources (in- and other participants under section ll121; in a State shall have final authority to de- cluding funds made available to the State (17) with respect to at-risk youth activi- termine the content of the portion of the under the Wagner-Peyser Act (29 U.S.C. 49 et ties, information— State plan described in paragraph (18) or (19) seq.)) to maximize the effectiveness of such (A) describing the at-risk youth activities of subsection (b), as appropriate. resources for all activities described in sub- that will be carried out with funds received (d) MODIFICATIONS TO PLAN.—A State may title C, and expand the participation of busi- by the State through the allotment made submit modifications to the State plan in ac- ness, industry, employees, and individuals in under section ll102; cordance with the requirements of this sec- the statewide system; (B) describing how the State will ade- tion and section ll105, as necessary, during (13) information identifying how the quately address the needs of at-risk youth in the 3-year period of the plan. workforce and career development activities alternative education programs that teach SEC. ll105. COLLABORATIVE PROCESS. to be carried out with funds received through to the same challenging academic, occupa- (a) IN GENERAL.—A State shall use a col- ll the allotment made under section 102 tional, and skill proficiencies as are provided laborative process to develop the State plan will be coordinated with programs carried for all other students; and described in section ll104, through which out by the Veterans’ Employment and Train- (C) identifying the types of criteria the individuals and entities including, at a mini- ing Service with funds received under title Governor and local boards will use to iden- mum— 38, United States Code, in order to meet the tify effective and ineffective at-risk youth (1) the Governor; State goals and reach the State benchmarks activities and eligible providers of such ac- (2) representatives, appointed by the Gov- related to veterans; tivities; ernor, of— (14) an assurance that the funds made (18) with respect to vocational education (A) business and industry; available to the State through the allotment activities, information— (B) local chief elected officials (represent- made under section ll102 will supplement (A) describing the vocational education ac- ing both cities and counties, where appro- and not supplant other public funds expended tivities that will be carried out with funds priate); to provide activities described in subtitle C; received by the State through the allotment (C) local educational agencies (including (15) with respect to economic development made under section ll102; vocational educators); activities described in section (B) describing the plan of the State to de- (D) postsecondary institutions (including ll121(c)(1)(C), information describing— velop the academic and occupational skills community and technical colleges); (A) any economic development activities of students participating in such vocational (E) parents; and that will be carried out with the funds de- education activities, including— scribed in section ll111(a)(2)(B); (i) the integration of academic and voca- (F) employees (which may include labor); (B) how the activities will lead directly to tional education; (3) the lead State agency official for— increased earnings of nonmanagerial em- (ii) the integration of classroom and work- (A) the State educational agency; ployees in the State; and site learning; and (B) the eligible agency for vocational edu- (C) whether the nonmanagerial employees (iii) linkages between secondary and post- cation; (including labor, as appropriate) support the secondary education; (C) the eligible agency for adult education activities; (C) describing how the State will improve and literacy; (16) with respect to employment and train- career guidance and counseling; (D) the State agency responsible for posting activities, information— (D) describing how the State will promote secondary education; and (A) describing the employment and train- the active involvement of parents and busi- (E) the State agency responsible for voca- ing activities that will be carried out with ness (including small- and medium-sized tional rehabilitation, and where applicable, the funds received by the State through the businesses) in the planning, development, the State agency providing vocational reha- allotment made under section ll102, in- and implementation of such vocational edu- bilitation program activities for the blind; cluding a description of how the State will cation activities; (4) such other State agency officials, in- provide rapid response assistance to dis- (E) describing how funds received by the cluding officials responsible for economic de- located workers; State through the allotment made under sec- velopment and employment, as the Governor (B) describing the strategy of the State (in- tion ll102 will be allocated among second- may designate; cluding the timeframe for such strategy) for ary school vocational education, or post- (5) representatives of the State legislature; development of a fully operational statewide secondary and adult vocational education, or and one-stop career center system as described in both; (6) the representative of the Veterans’ Em- section ll121(d), including— (F) describing how the State will ade- ployment and Training Service assigned to (i) criteria for use by local boards, with re- quately address the needs of students who the State under section 4103 of title 38, Unit- spect to the designation or certification of participate in such vocational education ac- ed States Code; one-stop career center eligible providers, in tivities to be taught to the same challenging shall collaborate in the development of the each local workforce development area in ac- academic proficiencies as are provided for all plan. cordance with section ll108(d)(4)(B)(i)(I); other students; (b) ALTERNATIVE PROCESSES.— (ii) the steps that the State will take over (G) describing how the State will annually (1) IN GENERAL.—For purposes of complying the 3 years covered by the plan to ensure evaluate the effectiveness of such vocational with subsection (a), a State may use any that all publicly funded labor exchange serv- education activities; State collaborative process (including any ices described in section ll121(e)(2) or (H) describing how the State will address council, State workforce development board, ll139, and all such services authorized in the professional development needs of the or similar entity) in existence on the date of the Wagner-Peyser Act (29 U.S.C. 49 et seq.), State with respect to such vocational edu- enactment of this Act that meets or is con- are provided through the one-stop career cation activities; and formed to meet the requirements of such center system of the State; and (I) describing how the State will provide subsection. (iii) the steps that the State will take over local educational agencies in the State with (2) FUNCTIONS OF STATE HUMAN RESOURCES the 3 years covered by the plan to provide in- technical assistance; and INVESTMENT COUNCILS.—If a State uses a formation to individuals through the one- (19) with respect to adult education and lit- State human resources investment council stop career center system on the quality of eracy activities, information— in existence on the date of enactment of this workforce and career development activities, (A) describing the adult education and lit- Act, as described in paragraph (1), the func- and vocational rehabilitation program ac- eracy activities that will be carried out with tions of such board shall include— tivities, as appropriate; funds received by the State through the al- (A) advising the Governor on the develop- (C) describing the procedures the State lotment made under section ll102; ment of the statewide system, the State plan will use to identify eligible providers of (B) describing how such adult education described in section ll104, and the State training services described in section and literacy activities described in the State goals and State benchmarks; ll121(e)(3), as required under this title; plan and the State allocation of funds re- (B) assisting in the development of per- (D) describing how the State will serve the ceived through the allotment made under formance indicators that relate to the meas- employment and training needs of dislocated section ll102 for such activities are an inurement of State progress toward meeting workers, low-income individuals, and other tegral part of comprehensive efforts of the the State goals and reaching the State S10438 CONGRESSIONAL RECORD — SENATE September 12, 1996

benchmarks and providing guidance on how mitted under section ll104, proposed quan- (7) INCENTIVE GRANTS.—A State that meets such progress may be improved; tifiable benchmarks to measure the state- the requirements of section ll132(a) (in- (C) assisting the Governor in preparing the wide progress of the State toward meeting cluding requirements relating to State annual report to the Secretaries described in the goal described in subsection (a)(2), which benchmarks) shall be eligible to receive an section ll106(c); shall include, at a minimum, measures, for incentive grant under section ll132(a). (D) assisting the Governor in developing participants, of— (8) SANCTIONS.—A State that has failed to the statewide labor market information sys- (A) attainment of challenging State aca- meet the State benchmarks described in tem described in section ll139(d); and demic proficiencies; paragraphs (1) and (2) for the 3-year period (E) assisting in the monitoring and contin- (B) attainment of secondary school diplo- covered by a State plan described in section uous improvement of the performance of the mas or general equivalency diplomas; ll104, as determined by the Secretaries, statewide system, including evaluation of (C) attainment of industry-recognized oc- may be subject to sanctions under section the effectiveness of workforce and career de- cupational skills according to skill proficien- ll132(b). velopment activities. cies for students in career preparation pro- (c) REPORT.— (c) AUTHORITY OF GOVERNOR.— grams; (1) IN GENERAL.—Each State that receives (1) FINAL AUTHORITY.—If, after a reasonable (D) placement in, retention in, and comple- an allotment under section ll102 shall an- effort, the Governor is unable to obtain the tion of postsecondary education or advanced nually prepare and submit to the Secretaries support of the individuals and entities par- training, or placement and retention in mili- a report that states how the State is per- ticipating in the collaborative process de- tary service, employment, or qualified ap- forming on State benchmarks that relate to scribed in subsection (a) or (b) for the State prenticeships; and workforce and career development activities. plan, the Governor shall have final authority (E) attainment of the literacy skills and The report shall include information on how to submit the State plan as described in sec- knowledge individuals need to be productive the local workforce development areas in the tion ll104, except as provided in section and responsible citizens and to become more State are performing on local benchmarks ll104(c) and in paragraph (3). actively involved in the education of their described in section ll108(d)(4)(A). The re- (2) PROCESS.—The Governor shall— children. port shall also include information on the (A) provide such individuals and entities (3) POPULATIONS.— status and results of any State evaluations with copies of the State plan; (A) MINIMUM MEASURES.—In developing and specified in subsection (d) that relate to em- (B) allow such individuals and entities to identifying, under paragraphs (1) and (2), ployment and training activities carried out submit to the Governor, not later than the measures of the progress of the State toward in the State. In preparing the report, the end of the 30-day period beginning on the meeting the goals described in subsection State may include information on such addi- date on which the Governor provides such in- (a), a State shall develop and identify in the tional benchmarks as the State may estab- dividuals and entities with copies of such State plan, in addition to statewide bench- lish to meet the State goals. plan under subparagraph (A), comments on marks, proposed quantifiable benchmarks (2) INFORMATION DISSEMINATION.—The Sec- such plan; and for populations that include, at a mini- retaries shall make the information con- (C) include in the State plan any such com- mum— tained in such reports available to the gen- ments that— (i) low-income individuals; eral public through publication and other ap- (i) are submitted by an eligible agency and (ii) dislocated workers; propriate methods, and shall disseminate represent disagreement with such plan, with (iii) at-risk youth; State-by-State comparisons of the informa- respect to provisions of the State plan de- (iv) individuals with disabilities; tion. scribed in paragraph (18) or (19) of section (v) veterans; and (3) EVALUATION.—In preparing the report ll104(b), as appropriate; or (vi) individuals of limited literacy, as defor the third year of the 3-year period cov- (ii) are submitted by an individual or en- termined by the State. ered by the State plan, the State shall in- tity participating in the collaborative proc- (B) ADDITIONAL MEASURES.—In addition to clude the findings of the evaluation de- ess. the benchmarks described in subparagraph scribed in section ll104(b)(16)(E) of the ca- (3) ELIGIBLE AGENCY COMMENTS.—An eligi- (A), a State may develop and identify in the reer grant pilot program described in section ble agency, in submitting comments under State plan proposed quantifiable bench- ll121(g). paragraph (2)(C)(i), may submit provisions marks to measure the progress of the State (d) EVALUATION OF STATE PROGRAMS.— for the portion of the State plan described in toward meeting the goals described in sub- (1) EMPLOYMENT AND TRAINING ACTIVITIES.— paragraph (18) or (19) of section ll104(b), as section (a) for populations with multiple bar- Using funds reserved under section appropriate. The Governor shall include such riers to employment, which may include ll111(a)(2)(B), a State shall conduct ongo- provisions in the State plan submitted under older workers, as determined by the State. ing evaluations of employment and training ll section 104. Such provisions shall be con- (4) APPLICATION.— activities carried out in the State. sidered to be such portion of the State plan. (A) MEANINGFUL EMPLOYMENT BENCH- (2) METHODS.—The State shall— SEC. ll106. ACCOUNTABILITY. MARKS.—Benchmarks described in paragraph (A) conduct such evaluations of employ- (a) GOALS.—Each statewide system sup- (1) shall apply to employment and training ment and training activities through con- ported by an allotment under section ll102 activities and, as appropriate, to at-risk trolled experiments using experimental and shall be designed to meet— youth activities and adult education and lit- control groups chosen by random assign- (1) the goal of assisting participants in ob- eracy activities. ment; taining meaningful unsubsidized employ- (B) EDUCATION BENCHMARKS.—Benchmarks (B) in conducting such evaluations, deter- ment opportunities in the State; and described in paragraph (2) shall apply to vo- mine, at a minimum, whether employment (2) the goal of enhancing and developing cational education activities, at-risk youth and training activities effectively raise the more fully the academic, occupational, and activities, and, as appropriate, adult edu- hourly wage rates of individuals receiving literacy skills of all segments of the popu- cation and literacy activities. services through such activities; and lation of the State. (5) SPECIAL RULE.—If a State adopts for all (C) conduct, or arrange under paragraph (3) (b) BENCHMARKS.— students in the State performance indica- for the conduct of, at least 1 such evaluation (1) MEANINGFUL EMPLOYMENT.—To be eligi- tors, attainment levels, or assessments for at any given time during any period in which ble to receive an allotment under section skills according to challenging academic, oc- the State is receiving funding under this ll102, a State shall develop and identify in cupational, or industry-recognized skill pro- title for such activities. the State plan submitted under section ficiencies, the State shall, at a minimum, (3) MULTI-STATE AGREEMENTS.—A State ll104, proposed quantifiable benchmarks to use such performance indicators, attainment may enter into an agreement with 1 or more measure the statewide progress of the State levels, or assessments in measuring the States to arrange for the conduct of such toward meeting the goal described in sub- progress of all students who participate in evaluations in accordance with the require- section (a)(1), which shall include, at a mini- workforce and career development activities. ments of paragraphs (1) and (2). mum, measures of— (6) TECHNICAL ASSISTANCE.— (e) FISCAL AND MANAGEMENT ACCOUNTABIL- (A) placement of participants in (A) IN GENERAL.—The Secretaries shall pro- ITY INFORMATION SYSTEMS.— unsubsidized employment; vide technical assistance to States request- (1) IN GENERAL.—Using funds reserved (B) retention of the participants in ing such assistance, which may include the under sections ll111(a)(2)(B) and unsubsidized employment (12 months after development, in accordance with subpara- ll112(a)(2)(C), the State may operate a fis- completion of the participation); graph (B), of model benchmarks for each of cal and management accountability informa- (C) increases in earnings, or in earnings the benchmarks described in paragraphs (1) tion system, based on guidelines established and employer-assisted benefits, for the par- and (2) at achievable levels based on existing by the Secretaries in consultation with the ticipants; and (as of the date of the development of the Governors and other appropriate parties. (D) attainment by the participants of in- benchmarks) workforce and career develop- Such guidelines shall promote the efficient dustry-recognized occupational skills, as ap- ment efforts in the States. collection and use of fiscal and management propriate. (B) COLLABORATION.—Any such model information for reporting and monitoring (2) EDUCATION.—To be eligible to receive an benchmarks shall be developed in collabora- the use of funds made available to the State allotment under section ll102, a State shall tion with the States and other appropriate for employment and training activities and develop and identify in the State plan sub- parties. at-risk youth activities and for use by the September 12, 1996 CONGRESSIONAL RECORD — SENATE S10439 State in preparing the annual report de- (IV) where appropriate, the percentage of section (a) for such program or take such scribed in subsection (c). In measuring State the participants who demonstrate significant other action as the agency determines to be performance on State benchmarks, a State gains in literacy and basic skills. appropriate. may, pursuant to State law, utilize quarterly (ii) ADDITIONAL INFORMATION.—In addition (3) ELIGIBILITY UNDER THE HIGHER EDU- wage records available through the unem- to the performance information described in CATION ACT OF 1965.—If the designated State ployment insurance system. clause (i), the Governor may require that a agency determines that the eligibility of an (2) CONFIDENTIALITY.—In carrying out the provider described in this paragraph submit eligible provider described in subsection requirements of this division, the State shall such other performance information as the (a)(2) under title IV of the Higher Education comply with section 444 of the General Edu- Governor determines to be appropriate, Act of 1965 has been terminated, the agency cation Provisions Act (20 U.S.C. 1232g) (as which may include information relating to— shall— added by the Family Educational Rights and (I) the adequacy of space, staff, equipment, (A) terminate the automatic eligibility of Privacy Act of 1974). In addition, the State instructional materials, and student support the provider under subsection (a)(2); and shall protect the confidentiality of informa- services offered by the provider through a (B) require the provider to meet the re- tion obtained through the fiscal and manage- program conducted by the provider; quirements of subsection (a)(3) to be eligible ment accountability information system (II) the earnings of participants complet- to receive funds as described in subsection through the use of recognized security proce- ing the program; and (a). dures. (III) the percentage of graduates of the pro- (4) REPAYMENT.—Any provider whose eligi- SEC. ll107. IDENTIFICATION OF ELIGIBLE PRO- gram who attain industry-recognized occupa- bility is terminated under paragraph (1) or VIDERS OF TRAINING SERVICES. tional skills in the subject, occupation, or (2) for a program shall be liable for repay- (a) ELIGIBILITY REQUIREMENTS.— industry for which training is provided. ment of all funds described in subsection (a) (1) IN GENERAL.—Except as provided in sub- (b) ADMINISTRATION.— received for the program during any period section (d), to be eligible to receive funds (1) DESIGNATION.—The Governor shall des- of noncompliance described in such para- ll made available under section 111 to pro- ignate a State agency to collect and dissemi- graph. nate the performance information described vide training services described in section (5) APPEAL.—The Governor shall establish ll 121(e)(3) (referred to in this section as in subsection (a)(3)(C) and submitted pursu- a procedure for an eligible provider to appeal ‘‘training services’’) and be identified as an ant to this subsection and carry out other a determination by the designated State eligible provider of such services, a provider duties described in this subsection. agency that results in termination of eligi- of such services shall meet the requirements (2) APPLICATION.—To be eligible to receive bility under this subsection. Such procedure funds as described in subsection (a), a proof this section. shall provide an opportunity for a hearing vider shall submit an application at such (2) POSTSECONDARY EDUCATIONAL INSTITU- and prescribe appropriate time limits to en- time, in such manner, and containing such TIONS.—A postsecondary educational institu- sure prompt resolution of the appeal. tion shall automatically be eligible to re- information as the designated State agency (d) ON-THE-JOB TRAINING EXCEPTION.— ceive such funds for— may require. (1) IN GENERAL.—Providers of on-the-job (A) a program that leads to an associate, (3) SUBMISSION.—To be eligible to receive training shall not be subject to the require- baccalaureate, professional, or graduate de- funds as described in subsection (a), a pro- ments of subsection (a), (b), or (c). gree; vider described in subsection (a)(3) shall sub- (2) COLLECTION AND DISSEMINATION OF IN- (B) a program that— mit the performance information described FORMATION.—A one-stop career center eligi- (i) is at least 2 academic years in length; in subsection (a)(3)(C) annually to the des- ble provider in a local workforce develop- and ignated State agency at such time and in (ii) is acceptable for academic credit to- such manner as the designated State agency ment area shall collect such performance in- ward a baccalaureate degree; or may require. The designated State agency formation from on-the-job training providers (C) a program that— may accept program-specific performance in- as the Governor may require, and dissemi- (i) is at least 1 academic year in length; formation consistent with the requirements nate such information through the delivery (ii) is a training program; for eligibility under title IV of the Higher of core services described in section ll (iii) leads to a certificate, degree, or other Education Act of 1965 (20 U.S.C. 1070 et seq.) 121(e)(2), as appropriate. recognized educational credential; and from such a provider for purposes of enabling SEC. ll108. LOCAL WORKFORCE DEVELOPMENT (iv) prepares a student for gainful employ- the provider to fulfill the applicable require- BOARDS. ment in a recognized occupation. ments of this paragraph. (a) ESTABLISHMENT.—There shall be estab- (3) OTHER ELIGIBLE PROVIDERS.— (4) LIST OF ELIGIBLE PROVIDERS.—The des- lished in each local workforce development (A) PROCEDURE.—The Governor shall estab- ignated State agency, after reviewing the area of a State, and certified by the Gov- lish a procedure for determining the eligi- performance information described in sub- ernor of the State, a local workforce devel- bility of public and private providers not de- section (a)(3)(C) and using the procedure de- opment board, reflecting business and com- scribed in paragraph (2) (including eligibility scribed in subsection (a)(3)(B), shall identify munity interests in workforce and career de- of postsecondary educational institutions for eligible providers of training services development activities. programs not described in paragraph (2)) to scribed in paragraph (2) or (3) of subsection (b) MEMBERSHIP.— receive such funds. In determining the eligi- (a), compile a list of such eligible providers, (1) STATE CRITERIA.—The Governor of the bility, the Governor shall solicit and take accompanied by the performance informa- State shall establish criteria for the appoint- into consideration recommendations of the tion described in subsection (a)(3)(C) for each ment of members of the local boards for local boards concerning the identification of such provider described in subsection (a)(3), local workforce development areas in the eligible providers of training services in and disseminate such list and information to State in accordance with the requirements of local workforce development areas. one-stop career centers and to local boards. paragraph (2). Information identifying such (B) LEVELS OF PERFORMANCE.—At a mini- Such list and information shall be made criteria shall be included in the State plan mum, the Governor shall establish a proce- widely available to participants in workforce submitted under section ll104. dure that requires such a provider to meet and career development activities and others (2) COMPOSITION.—Such criteria shall re- minimum acceptable levels of performance through the one-stop career center system quire at a minimum, that the membership of based on— described in section ll121(d). each local board— (i) verifiable program-specific performance (c) ENFORCEMENT.— (A) shall include— information described in subparagraph (C) (1) ACCURACY OF INFORMATION.—If the des- (i) a majority of members who are rep- and submitted to the State agency designated State agency determines that a pro- resentatives of business and industry in the ignated under subsection (b), as required vider or individual supplying information on local workforce development area, appointed under paragraphs (2) and (3) of subsection (b); behalf of a provider intentionally supplies from among individuals nominated by local and inaccurate information under this section, business organizations and trade associa- (ii) performance criteria relating to the the agency shall terminate the eligibility of tions; rates and percentages described in subpara- the eligible provider to receive funds de- (ii) representatives of local secondary graph (C)(i). scribed in subsection (a) for a period of time, schools, representatives of postsecondary (C) PERFORMANCE INFORMATION.— but not less than 2 years, as prescribed in educational institutions (including rep- (i) REQUIRED INFORMATION.—To be eligible regulations issued by the Governor. resentatives of community colleges), rep- to receive such funds, a provider shall sub- (2) COMPLIANCE WITH CRITERIA OR REQUIRE- resentatives of vocational educators, and mit information on— MENTS.—If the designated State agency de- representatives of providers of adult edu- (I) program completion rates for partici- termines that an eligible provider or a pro- cation and literacy services, where such pants in the applicable program conducted gram of training services carried out by an schools, institutions, educators, or providers, by the provider; eligible provider fails to meet the required as appropriate, exist; and (II) the percentage of the participants ob- performance criteria described in subsection (iii) representatives of employees, which taining employment in an occupation relat- (a)(3)(B)(ii) or materially violates any provi- may include labor; and ed to the program conducted; sion of this title or the regulations promul- (B) may include— (III) where appropriate, the rates of licen- gated to implement this title, the agency (i) individuals with disabilities; sure or certification of graduates of the pro- may terminate the eligibility of the eligible (ii) parents; gram; and provider to receive funds described in sub- (iii) veterans; and S10440 CONGRESSIONAL RECORD — SENATE September 12, 1996

(iv) representatives of community-based (d) FUNCTIONS OF LOCAL BOARD.—The func- (ix) such other information as the Gov- organizations. tions of the local board shall include the fol- ernor may require. (3) CHAIRPERSON.—The local board shall lowing: (C) CONSULTATION.—The local board shall— elect a chairperson from among the members (1) LOCAL PLAN.— (i) consult with the chief elected official in of the board. (A) IN GENERAL.—Each local board shall de- the appropriate local workforce development (c) APPOINTMENT AND CERTIFICATION OF velop and submit to the Governor a com- area in the development of the local plan; and BOARD.— prehensive multiyear strategic local plan. (ii) provide the chief elected official with a (1) APPOINTMENT OF BOARD MEMBERS AND The local plan shall be consistent with the copy of the local plan. ASSIGNMENT OF RESPONSIBILITIES.— State goals and State plan described in sec- ll PPROVAL (A) IN GENERAL.—The chief elected official tion 104. (D) A .— in a local workforce development area is au- (B) CONTENTS.—The local plan shall in- (i) IN GENERAL.—The chief elected official thorized to appoint the members of the local clude— shall— board for such area, in accordance with the (i) an identification of the workforce devel- (I) approve the local plan; or State criteria established under subsection opment needs of local industries, jobseekers, (II) reject the local plan and make rec- (b). and workers; ommendations to the local board on how to (ii) a description of employment and train- (B) MULTIPLE UNITS OF LOCAL GOVERNMENT improve the local plan. ing activities and at-risk youth activities to IN AREA.— (ii) SUBMISSION.—If, after a reasonable ef- be carried out in the local workforce devel- (i) IN GENERAL.—In a case in which a local fort, the local board is unable to obtain the opment area as required under sections workforce development area includes more approval of the chief elected official for the ll121 and ll122, that, with activities au- than 1 unit of general local government, the local plan, the local board shall submit the thorized under the Wagner-Peyser Act (29 chief elected officials of such units may exe- plan to the Governor for approval under sub- U.S.C. 49 et seq.), will contribute to the co- cute an agreement that specifies the respec- paragraph (A), and shall submit the rec- herent delivery of workforce and career de- tive roles of the individual chief elected offi- ommendations of the chief elected official to velopment activities; cials— the Governor along with the plan. (iii) a description of the local benchmarks (I) in the appointment of the members of (2) SELECTION AND OVERSIGHT RESPONSIBIL- negotiated with the Governor pursuant to the local board from the individuals nomi- ITIES.— paragraph (4)(A), to be used by the local nated or recommended to be such members (A) ONE-STOP CAREER CENTERS.—Consistent board for measuring the performance of eli- in accordance with the criteria established with section ll111(c)(1)(A) and the agree- gible providers, and the performance of the ment negotiated with the Governor under under subsection (b); and one-stop career center system, in the local (II) in carrying out any other responsibil- paragraph (4)(B)(i), the local board is author- workforce development area; ized to designate or certify one-stop career ities assigned to such officials. (iv) a description of the process negotiated (ii) LACK OF AGREEMENT.—If, after a rea- center eligible providers, and conduct over- with the Governor pursuant to paragraph sight with respect to such providers, in the sonable effort, the chief elected officials are (4)(B) that the local board will use to des- unable to reach agreement as provided under local workforce development area. ignate or certify, and to conduct oversight (B) AT-RISK YOUTH ACTIVITIES.—Consistent clause (i), the Governor may appoint the with respect to, one-stop career center eligi- members of the local board from individuals with section ll112(d), the local board is au- ble providers in the local workforce develop- thorized to award grants on a competitive so nominated or recommended. ment area, that will— (2) CERTIFICATION.— basis to eligible providers of at-risk youth (I) ensure that the most effective and effi- activities, and conduct oversight with re- (A) IN GENERAL.—The Governor may annu- cient providers will be chosen; and ally certify 1 local board for each local spect to such providers, in the local (II) ensure the continuous improvement of workforce development area. workforce development area in the State. such providers and ensure that such provid- (3) IDENTIFICATION OF ELIGIBLE PROVIDERS (B) CRITERIA.—Such certification shall be ers will continue to meet the labor market OF TRAINING SERVICES.—Consistent with sec- based on factors including the criteria estab- needs of local employers and participants; tion ll107, the local board is authorized to lished under subsection (b) and, for a second (v) a description of how the local board will make recommendations to the Governor con- or subsequent certification, the extent to ensure the continued participation of the cerning the identification of eligible provid- which the local board has ensured that em- chief elected official in the local workforce ers of training services described in section ployment and training activities and at-risk development area in carrying out the duties ll121(e)(3) in the local workforce develop- youth activities carried out in the local of the local board, including the participa- ment area. workforce development area have met ex- tion of such official in carrying out the over- (4) NEGOTIATIONS.— pected levels of performance with respect to sight responsibilities of the board; (A) LOCAL BENCHMARKS.—The local board the local benchmarks required under sub- (vi) a description of how the local board section (d)(4)(A). will obtain the active and continuous par- and the Governor shall negotiate and reach (C) FAILURE TO ACHIEVE CERTIFICATION.— ticipation of representatives of business and agreement on local benchmarks designed to ll Failure of a local board to achieve certifi- industry, employees (which may include meet the goals described in section 106(a) cation shall result in reappointment and cer- labor), local educational agencies, post- for the local workforce development area. In tification of another local board for the local secondary educational institutions, provid- determining such benchmarks, the Governor workforce development area pursuant to the ers of adult education and literacy services, and the local board shall take into account process described in paragraph (1) and this vocational educators, other providers of the State benchmarks described in section ll paragraph. workforce and career development activities, 106(b)(1) with respect to employment and (3) DECERTIFICATION.—Notwithstanding community-based organizations, parents, training activities and as appropriate, at- paragraph (2), the Governor may decertify a and consumers (including individuals with risk youth activities, the State benchmarks local board at any time for fraud or abuse, or disabilities, older workers, and veterans), described in section ll106(b)(2) with respect failure to carry out the functions specified where appropriate, in the development and to at-risk youth activities, and specific eco- for the local board in paragraphs (1) through continuous improvement of the employment nomic, demographic, and other characteris- (3) of subsection (d), after providing notice and training activities to be carried out in tics of the populations to be served in the and an opportunity for comment. If the Gov- the local workforce development area; local workforce development area. ernor decertifies a local board for a local (vii) a description of the steps the local (B) LOCAL ONE-STOP DELIVERY OF SERV- workforce development area, the Governor board will take to work with local edu- ICES.— may require that a local board be appointed cational agencies, postsecondary educational (i) IN GENERAL.—Consistent with criteria and certified for the local workforce develop- institutions, vocational educators, providers identified in the State plan information sub- ment area pursuant to a plan developed by of adult education and literacy services, and mitted under section ll104(b)(16)(B)(i), the the Governor in consultation with the chief other representatives of the educational local board and the Governor shall negotiate elected official in the local workforce devel- community to address local employment, and reach agreement on a process to be used opment area and in accordance with the cri- education, and training needs; by the local board that meets the require- teria established under subsection (b). (viii) a description of the process that will ments of subclauses (I) and (II) of paragraph (4) EXCEPTION.—Notwithstanding sub- be used to fully involve representatives of (1)(B)(iv) for— section (b) and paragraphs (1) and (2), if a business, employees (which may include (I) the designation or certification of one- State described in section ll104(b)(4)(B) in- labor), the local education community (in- stop career center eligible providers in the dicates in the State plan that the State will cluding vocational educators and teachers), local workforce development area, including be treated as a local workforce development parents, and community-based organizations a determination of the role of providers of area for purposes of the application of this in the development and implementation of activities authorized under the Wagner- title, the Governor may designate the indi- at-risk youth activities in the local Peyser Act in the one-stop delivery of serv- viduals and entities involved in the collabo- workforce development area, including a de- ices in the local workforce development rative process described in section ll105 to scription of the process used to ensure that area; and carry out any of the functions described in the most effective and efficient providers are (II) the continued role of the local board in subsection (d). chosen to carry out the activities; and conducting oversight with respect to one-stop ca- September 12, 1996 CONGRESSIONAL RECORD — SENATE S10441 reer center eligible providers, including the funds described in subsection (a)(2)(A) to (C) not more than 4 percent shall be made ability of the local board to terminate for local workforce development areas, taking available for administrative expenses at the cause the eligibility of a provider of such into account— State level. services. (A) the poverty rate, among individuals (b) WITHIN STATE FORMULA.— (ii) ESTABLISHED ONE-STOP CAREER CEN- who are not less than age 18 and not more (1) IN GENERAL.—The Governor, using the TERS.—Notwithstanding section than age 64, as determined by the Bureau of collaborative process described in subsection ll111(c)(1)(B), if a one-stop career center the Census, within each local workforce de- (a) or (b) of section ll105, shall develop a has been established in a local workforce development area; formula for the allocation of the funds development area prior to the date of enact- (B) the unemployment rate within each scribed in subsection (a)(2)(A) to local ment of this Act, or if approval has been ob- local workforce development area; workforce development areas, taking into tained for a plan for a one-stop career center (C) the proportion of the State population account— under the Wagner-Peyser Act (29 U.S.C. 49 et of individuals who are not less than age 18 (A) the poverty rate, as determined by the seq.) prior to the date of enactment of this and not more than age 64, residing within Bureau of the Census, within each local Act, the local board and the Governor in- each local workforce development area; and workforce development area; volved may agree to certify the one-stop ca- (D) such additional factors as the Governor (B) the proportion of the State at-risk reer center provider for purposes of this sub- (in consultation with local boards and local youth population residing within each local paragraph. elected officials) determines to be necessary. workforce development area; and (e) SUNSHINE PROVISION.—The local board (2) EQUITABLE ALLOCATION.—In developing (C) such additional factors as are deter- shall make available to the public, on a regu- such formula, the Governor shall ensure mined to be necessary. lar basis, information regarding the activi- that— (2) EQUITABLE ALLOCATION.—In developing ties of the local board, including information (A) the funds described in subsection such formula, the Governor shall ensure regarding membership, the designation and (a)(2)(A) are allocated in a geographically eq- that— certification of one-stop career center eligi- uitable manner throughout the State; and (A) the funds described in subsection ble providers, and the award of grants to eli- (B) the factors described in paragraph (1) (a)(2)(A) are allocated in a geographically eq- gible providers of at-risk youth activities. do not receive disproportionate weight in the uitable manner throughout the State; and (f) OTHER ACTIVITIES.— allocation. (B) the factors described in paragraph (1) do not receive disproportionate weight in the (1) LIMITATION.— (c) ELIGIBILITY.— allocation. (A) IN GENERAL.—Except as provided in (1) ELIGIBILITY FOR DESIGNATION OR CERTIFI- (c) STATE GRANTS.— subparagraph (B), no local board may di- CATION AS A ONE-STOP CAREER CENTER ELIGI- (1) IN GENERAL.—The Governor shall use rectly carry out an employment and training BLE PROVIDER.— the funds described in subsection (a)(2)(B) to activity. (A) IN GENERAL.—To be eligible to receive award grants, on a competitive basis, to eli- (B) WAIVERS.—The Governor of the State funds made available under this section to gible providers to carry out at-risk youth ac- in which the local board is located may provide employment and training activities tivities under section ll122. grant to the local board a written waiver of through a one-stop career center system and (2) ELIGIBLE PROVIDERS.—Providers eligible the prohibition set forth in subparagraph be designated or certified as a one-stop ca- to receive grants under this subsection to (A). reer center eligible provider for a local carry out such activities include— ONFLICT OF INTEREST.—No member of a (2) C workforce development area, an entity (A) local educational agencies, area voca- local board may— shall— tional education schools, educational service (A) vote on a matter under consideration (i) be selected in accordance with section agencies, institutions of higher education (as by the local board— ll108(d)(2)(A); and defined in section 1201(a) of the Higher Edu- (i) regarding the provision of services by (ii) be a public or private entity, or consor- cation Act of 1965 (20 U.S.C. 1141(a))), State such member (or by an organization that tium of entities, located in the local corrections educational agencies, or consor- such member represents); or workforce development area, which entity or tia of such entities; (ii) that would provide direct financial ben- consortium may include an institution of (B) units of general local government; efit to such member or the immediate family higher education (as defined in section 481 of (C) private nonprofit organizations (includ- of such member; or the Higher Education Act of 1965 (20 U.S.C. ing community-based organizations); (B) engage in any other activity deter- 1088), a local employment service office es- (D) private for-profit entities; and mined by the Governor to constitute a con- tablished under the Wagner-Peyser Act (29 (E) other organizations or entities of dem- flict of interest. U.S.C. 49 et seq.), a local government agency, onstrated effectiveness that are approved by (g) TECHNICAL ASSISTANCE.—If a local a private for-profit entity, a private non- the Governor. workforce development area fails to meet ex- profit entity, or other interested entity, of (3) APPLICATION.—To be eligible to receive pected levels of performance on negotiated demonstrated effectiveness, such as a local a grant under this subsection from the State benchmarks described in subsection (d)(4)(A), chamber of commerce or other business orga- to carry out such activities, a provider shall the Governor may provide technical assist- nization. prepare and submit an application to the ance to the local board to improve the level (B) EXCEPTION.—Elementary schools and Governor of the State at such time, in such of performance of the local workforce devel- secondary schools shall not be eligible for manner, and containing such information as opment area. designation or certification as one-stop ca- the Governor may require. Subtitle B—Allocation reer center eligible providers. (4) AWARD OF GRANTS.— SEC. ll111. DISTRIBUTION FOR EMPLOYMENT (2) ELIGIBILITY FOR IDENTIFICATION AS AN (A) PROCESS.— AND TRAINING ACTIVITIES. ELIGIBLE PROVIDER OF TRAINING SERVICES.— (i) IN GENERAL.—The Governor shall de- ll (a) RESERVATIONS FOR STATE AND LOCAL Except as provided in section 107(d), to be velop a peer review process for reviewing the ACTIVITIES.— eligible to receive funds made available applications and awarding the grants on a (1) IN GENERAL.—The sum of the funds under this section to provide training serv- competitive basis. ll made available to a State for any program ices described in section 121(e)(3) and be (ii) CRITERIA.—The Governor shall estab- year under paragraphs (1) and (5) of section identified as an eligible provider of such lish criteria described in section ll103(a) for employment and training ac- services, an entity shall meet the require- ll104(b)(17)(C) to be used in reviewing the tivities shall be made available in accord- ments of section ll107. applications. ance with this section. SEC. ll112. DISTRIBUTION FOR AT-RISK YOUTH (B) AWARDS.— (2) DISTRIBUTION.—Of the sum described in ACTIVITIES. (i) IN GENERAL.—Using the process referred paragraph (1) that is made available to a (a) RESERVATIONS FOR STATE AND LOCAL to in subparagraph (A), and taking into con- State for a program year— ACTIVITIES.— sideration the criteria referred to in subpara- (A) not less than 75 percent shall be made (1) IN GENERAL.—The sum of the funds graph (A), the Governor shall award the available to local workforce development made available to a State for any program grants to eligible providers. areas under subsection (b) to carry out em- year under paragraphs (2) and (5) of section (ii) PRIORITY.—In awarding the grants, the ployment and training activities described in ll103(a) for at-risk youth activities shall be Governor shall give priority to providers subsections (e) and (f) of section ll121; made available in accordance with this sec- submitting applications to serve commu- (B) not less than 20 percent shall be made tion. nities, or combinations of communities, that available to the Governor to carry out State (2) DISTRIBUTION.—Of the sum described in contain a large number or a high concentra- employment and training activities de- paragraph (1) that is made available to a tion of at-risk youth. scribed in subsections (b) and (c) of section State for a program year— (iii) EQUITABLE DISTRIBUTION.—In awarding ll121; and (A) not less than 75 percent shall be made the grants, the Governor shall ensure that— (C) not more than 5 percent shall be made available to local workforce development (I) the funds made available through the available for administrative expenses at the areas under subsection (b) to carry out at- grants are distributed in a geographically eq- State level. risk youth activities; uitable manner throughout the State; and (b) WITHIN STATE FORMULA.— (B) not more than 21 percent shall be made (II) no factor receives disproportionate (1) IN GENERAL.—The Governor shall de- available to the Governor to carry out at- weight in the distribution. velop a formula for the allocation of the risk youth activities; and (d) LOCAL GRANTS.— S10442 CONGRESSIONAL RECORD — SENATE September 12, 1996

(1) IN GENERAL.—From the funds made igible agency for vocational education for a Education Act of 1965 (20 U.S.C. 6333(c)(4)). If available under subsection (a)(2)(A) to a program year— the Secretary of Education and the Sec- local workforce development area (other (A) not less than 85 percent shall be made retary of Commerce determine that some or than funds described in section ll122(c)), available to eligible providers to carry out all of the data referred to in this subpara- the local board for such local workforce de- vocational education activities under this graph are inappropriate or unreliable, they velopment area shall award grants, on a section or section ll114; shall jointly issue a report setting forth competitive basis, to eligible providers to (B) not more than 11 percent shall be made their reasons in detail. In determining the carry out at-risk youth activities under sec- available to carry out State activities de- families with incomes below the poverty tion ll122. scribed in section ll123(a); and line, the Secretary shall utilize the criteria (2) ELIGIBLE PROVIDERS.—Providers eligible (C) not more than 4 percent shall be made of poverty used by the Bureau of the Census to receive grants under this subsection to available for administrative expenses at the in compiling the most recent decennial cen- carry out such activities in a local workforce State level. sus, in such form as those criteria have been development area include the providers de- (3) STATE DETERMINATIONS.—From the updated by increases in the Consumer Price scribed in subparagraphs (A) through (D) of amount available to an eligible agency in a Index for all urban consumers, published by subsection (c)(2) and other organizations or State for distribution to eligible providers the Bureau of Labor Statistics. entities of demonstrated effectiveness that under paragraph (2)(A) for a program year, (3) WAIVER FOR MORE EQUITABLE DISTRIBU- are approved by the local board. such agency shall determine the percentage TION.—Subject to subsection (c), the Sec- (3) APPLICATION.—To be eligible to receive of such amount that will be distributed in retary of Education may waive the applica- a grant under this subsection from the local accordance with this section and section tion of paragraph (1) in the case of any eligi- board to carry out such activities in a local ll114 for such year for vocational edu- ble agency that submits to the Secretary an workforce development area, a provider shall cation activities in such State in the area of application for such waiver that— prepare and submit an application to the secondary school vocational education, or (A) demonstrates that an alternative for- board at such time, in such manner, and con- postsecondary and adult vocational edu- mula will result in a greater distribution of taining such information as the board may cation, or both. funds to local educational agencies within require. (b) ALLOCATION FOR SECONDARY SCHOOL VO- the State that serve the highest number or CATIONAL EDUCATION.— (4) AWARD OF GRANTS.— greatest percentage of children described in (1) IN GENERAL.—Except as otherwise pro- (A) PROCESS.— paragraph (2) than the formula described in vided in this section and section ll115, each (i) IN GENERAL.—The local board shall de- paragraph (1); and eligible agency for vocational education in a velop a peer review process for reviewing the (B) includes a proposal for such an alter- State shall distribute the portion of the applications and awarding the grants on a native formula. funds made available for any program year (c) MINIMUM ALLOCATION.— competitive basis. (from funds made available for the cor- (1) IN GENERAL.—Except as provided in (ii) CRITERIA.—The local board shall estab- responding fiscal year, as determined under paragraphs (2) and (3), no local educational lish criteria described in section section ll151(c)) by such agency for second- agency shall receive an allocation under sub- ll104(b)(17)(C) to be used in reviewing the ary school vocational education under subsection (b) for a program year unless the applications. section (a)(3) to local educational agencies amount allocated to such agency under sub- (B) AWARDS.— within the State as follows: section (b) is $15,000 or more. A local edu- (i) IN GENERAL.—Using the process referred (A) SEVENTY PERCENT.—From 70 percent of cational agency may enter into a consortium to in subparagraph (A), and taking into con- such portion, each local educational agency with other local educational agencies for sideration the criteria referred to in subpara- shall be allocated an amount that bears the purposes of meeting the minimum allocation graph (A), the local board shall award the same relationship to such 70 percent as the requirement of this paragraph. grants to eligible providers. number of children who are described in (2) WAIVER.—The eligible agency may (ii) PRIORITY.—In awarding the grants, the paragraph (2) and reside in the school dis- waive the application of paragraph (1) in any local board shall give priority to providers trict served by such agency for the preceding case in which the local educational agency— submitting applications to serve commu- fiscal year bears to the total number of such (A) is located in a rural, sparsely populated nities, or combinations of communities, that children who reside in the school districts area; and contain a large number or a high concentra- served by all local educational agencies in (B) demonstrates that such agency is un- tion of at-risk youth. the State for such preceding year. able to enter into a consortium for purposes (iii) EQUITABLE DISTRIBUTION.—In awarding (B) THIRTY PERCENT.—From 30 percent of of providing services under this section. the grants, the local board shall ensure such portion, each local educational agency (3) REDISTRIBUTION.—Any amounts that are that— shall be allocated an amount that bears the not allocated by reason of paragraph (1) for (I) the funds made available through the same relationship to such 30 percent as the a program year shall be redistributed for grants are distributed in a geographically eq- number of students enrolled in schools, and such program year— uitable manner throughout the local adults enrolled in training programs, under (A) to a local educational agency— workforce development area; and the jurisdiction of such local educational (i) that did not receive an allocation under (II) no factor receives disproportionate agency for the preceding fiscal year bears to subsection (b) or pursuant to paragraph (2) weight in the distribution. the number of students enrolled in schools, for such program year; (5) LIMITATION.—No local board may di- and adults enrolled in training programs, (ii) that is located in a rural, sparsely pop- rectly carry out an at-risk youth activity. under the jurisdiction of all local edu- ulated area; and (e) TECHNICAL ASSISTANCE.—The Governor, cational agencies in the State for such pre- (iii) for which at least 15 percent of the in consultation with the chief elected offi- ceding year. children in the school district served by such cials in a local workforce development area, (2) NUMBER OF CHILDREN.— agency are children described in subsection shall provide technical assistance to the (A) IN GENERAL.—The number of children (b)(2); and local board for the local workforce develop- referred to in paragraph (1)(A) is the number (B) for vocational education services and ment area to improve the level of perform- of children aged 5 through 17, inclusive, from activities of sufficient, size, scope, and qual- ance of the local workforce development families with incomes below the poverty line ity to be effective. area with respect to at-risk youth activities (as defined by the Office of Management and (d) LIMITED JURISDICTION AGENCIES.— if— Budget and revised annually in accordance (1) IN GENERAL.—In applying the provisions (1) the local board requests such technical with section 673(2) of the Community Serv- of subsection (b), no eligible agency receiv- assistance; or ices Block Grant Act (42 U.S.C. 9902(2))) ap- ing assistance under this title shall allocate (2) the Governor, in carrying out the cer- plicable to a family of the size involved for funds to a local educational agency that tification requirements of section the fiscal year for which the determination serves only elementary schools, but shall ll108(c)(2), determines that the local board is made. distribute such funds to the local edu- requires such technical assistance. (B) POPULATION UPDATES.—In fiscal year cational agency or regional educational SEC. ll113. FUNDING FOR STATE VOCATIONAL 1999 and every 2 years thereafter, the Sec- agency that provides secondary school serv- EDUCATION ACTIVITIES AND DIS- retary of Education shall use updated data ices to secondary school students in the TRIBUTION FOR SECONDARY on the number of children aged 5 through 17, same attendance area. SCHOOL VOCATIONAL EDUCATION. inclusive, from families with incomes below (2) SPECIAL RULE.—The amount to be dis- (a) RESERVATIONS FOR STATE AND LOCAL the poverty line for local educational agen- tributed under paragraph (1) for a program ACTIVITIES.— cies, published by the Department of Com- year to a local educational agency that has (1) IN GENERAL.—The sum of the funds merce, unless the Secretary of Education jurisdiction only over secondary schools made available to a State for any program and the Secretary of Commerce determine shall be determined based on the number of year under paragraphs (3) and (5) of section that use of the updated population data students that entered such secondary schools ll103(a) for vocational education activities would be inappropriate or unreliable, taking in the previous year from the elementary shall be made available in accordance with into consideration the recommendations of schools involved. this section and sections ll114 and ll115. the study to be conducted by the National (e) ALLOCATIONS TO AREA VOCATIONAL EDU- (2) DISTRIBUTION.—Of the sum described in Academy of Sciences pursuant to section CATION SCHOOLS AND EDUCATIONAL SERVICE paragraph (1) that is made available to an el- 1124(c)(4) of the Elementary and Secondary AGENCIES.— September 12, 1996 CONGRESSIONAL RECORD — SENATE S10443

(1) IN GENERAL.—Each eligible agency shall or consortia of eligible institutions within (b) REDISTRIBUTION.— distribute the portion of funds made avail- the State. (1) IN GENERAL.—In any program year that able for any program year by such agency for (2) FORMULA.—Each eligible institution or an eligible provider receiving financial as- secondary school vocational education under consortium of eligible institutions shall resistance under section ll113 or ll114 does subsection (a)(3) to the appropriate area vo- ceive an amount for the program year (from not expend all of the amounts distributed to cational education school or educational funds made available for the corresponding such provider for such year under section service agency in any case in which the area fiscal year, as determined under section ll113 or ll114, respectively, such provider vocational education school or educational ll151(c)) from such portion that bears the shall return any unexpended amounts to the service agency, and the local educational same relationship to such portion as the eligible agency for distribution under section agency concerned— number of individuals who are Pell Grant re- ll113 or ll114, respectively. The eligible (A) have formed or will form a consortium cipients or recipients of assistance from the agency may waive the requirements of the for the purpose of receiving funds under this Bureau of Indian Affairs and are enrolled in preceding sentence, on a case-by-case basis, section; or programs offered by such eligible institution for good cause as determined by such agency. (B) have entered into or will enter into a or consortium of eligible institutions, re- (2) REDISTRIBUTION OF AMOUNTS RETURNED cooperative arrangement for such purpose. spectively, for the preceding fiscal year LATE IN A PROGRAM YEAR.—In any program (2) ALLOCATION BASIS.—If an area voca- bears to the number of all such individuals tional education school or educational serv- who are enrolled in any such program within year in which amounts are returned to the ice agency meets the requirements of para- the State for such preceding year. eligible agency under paragraph (1) for pro- ll ll graph (1), then— (3) CONSORTIUM REQUIREMENTS.— grams described in section 113 or 114 (A) the amount that would otherwise be (A) IN GENERAL.—In order for a consortium and the eligible agency is unable to redis- distributed to the local educational agency of eligible institutions described in para- tribute such amounts according to section for a program year under this section shall graph (1) to receive assistance pursuant to ll113 or ll114, respectively, in time for be allocated to the area vocational education such paragraph such consortium shall oper- such amounts to be expended in such pro- school, the educational service agency, and ate joint projects that— gram year, the eligible agency shall retain the local educational agency, based on each (i) provide services to all postsecondary in- such amounts for distribution in combina- school’s or agency’s relative share of stu- stitutions participating in the consortium; tion with amounts made available under dents who are attending vocational edu- and such section for the following program year. cation programs (based, if practicable, on the (ii) are of sufficient size, scope, and quality (c) CONSTRUCTION.—Nothing in section average enrollment for the prior 3 years); or to be effective. ll113 or ll114 shall be construed— (B) such amount may be allocated on the (B) FUNDS TO CONSORTIUM.—Funds allo- (1) to prohibit a local educational agency basis of an agreement between the local educated to a consortium formed to meet the re- (or a consortium thereof) that receives as- cational agency and the area vocational edu- quirements of this section shall be used only sistance under section ll113, from working cation school or educational service agency. for purposes and activities that are mutually with an eligible provider (or consortium beneficial to all members of the consortium. (3) APPEALS PROCEDURE.—The eligible thereof) that receives assistance under sec- Such funds may not be reallocated to indi- agency shall establish an appeals procedure tion ll114, to carry out secondary school for resolution of any dispute arising between vidual members of the consortium for pur- vocational education activities in accord- a local educational agency and an area voca- poses or activities benefiting only one mem- ance with this title; or tional education school or an educational ber of the consortium. (2) to prohibit an eligible provider (or con- service agency with respect to the allocation (b) WAIVER FOR MORE EQUITABLE DISTRIBU- sortium thereof) that receives assistance procedures described in this section, includ- TION.—The Secretary of Education may under section ll114, from working with a ing the decision of a local educational agen- waive the application of subsection (a) in the local educational agency (or consortium cy to leave a consortium or terminate a co- case of any eligible agency that submits to thereof) that receives assistance under sec- operative arrangement. the Secretary of Education an application tion ll113, to carry out postsecondary and (4) CONSORTIUM REQUIREMENTS.— for such a waiver that— adult vocational education activities in ac- (A) IN GENERAL.—Notwithstanding the pro- (1) demonstrates that an alternative for- cordance with this title. visions of paragraphs (1), (2), and (3), any mula will result in a greater distribution of local educational agency receiving an alloca- funds to the eligible institutions or consortia (d) LOCAL APPLICATION FOR VOCATIONAL tion that is not sufficient to conduct a sec- of eligible institutions within the State that EDUCATION ACTIVITIES.— ondary school vocational education program serve the highest numbers of low-income in- (1) APPLICATION REQUIRED.—Each provider of sufficient size, scope, and quality to be ef- dividuals than the formula described in sub- in a State desiring financial assistance under fective may— section (a)(2); and this subtitle for vocational education activi- (i) form a consortium or enter into a coop- (2) includes a proposal for such an alter- ties shall submit an application to the eligi- erative agreement with an area vocational native formula. ble agency for vocational education at such (c) MINIMUM AMOUNT.— education school or educational service time, in such manner, and accompanied by (1) IN GENERAL.—No distribution of funds agency offering secondary school vocational such information as such agency (in con- provided to any eligible institution or con- education programs of sufficient size, scope, sultation with other educational entities as sortium of eligible institutions for a program and quality to be effective; and the eligible agency determines appropriate) year under this section shall be for an (ii) transfer such allocation to the area vo- may require. Such application shall cover amount that is less than $50,000. cational education school or educational the same period of time as the period of time (2) REDISTRIBUTION.—Any amounts that are service agency. applicable to the State plan submitted under not distributed by reason of paragraph (1) (B) FUNDS TO CONSORTIUM.—Funds allo- section ll104. cated to a consortium formed to meet the re- shall be redistributed to eligible institutions or consortia of eligible institutions in ac- (2) CONTENTS.—Each application described quirements of this paragraph shall be used in paragraph (1) shall, at a minimum— only for purposes and activities that are mu- cordance with the provisions of this section. ll (A) describe how the vocational education tually beneficial to all members of the con- SEC. 115. SPECIAL RULES FOR VOCATIONAL ll EDUCATION. activities required under section 123 will sortium. Such funds may not be reallocated be carried out with funds received under this to individual members of the consortium for (a) SPECIAL RULE FOR MINIMAL ALLOCA- TION.— subtitle; purposes or activities benefiting only one (1) GENERAL AUTHORITY.—Notwithstanding (B) describe how the activities to be car- member of the consortium. the provisions of section ll113 or ll114 ried out relate to meeting the State goals, (f) DATA.—The Secretary of Education and reaching the State benchmarks, con- shall collect information from States regard- and in order to make a more equitable dis- cerning vocational education activities; ing how funds made available by the eligible tribution of funds for programs serving the (C) describe how the provider will address agency for vocational education under sub- highest numbers or greatest percentages of section (a)(3) are distributed to local edu- low-income individuals, for any program the needs of students who participate in vocational agencies in accordance with this year for which a minimal amount is made cational education activities to be taught to section. available by an eligible agency for distribu- the same challenging academic proficiencies ll ll as all students; SEC. ll114. DISTRIBUTION FOR POSTSECOND- tion under section 113 or 114 such ARY AND ADULT VOCATIONAL EDU- agency may distribute such minimal amount (D) describe the process that will be used CATION. for such year— to independently evaluate and continuously (a) ALLOCATION.— (A) on a competitive basis; or improve the performance of the provider; (1) IN GENERAL.—Except as provided in sub- (B) through any alternative method deter- (E) describe how the provider will coordi- section (b) and section ll115, each eligible mined by the eligible agency. nate the activities of the provider with the agency for vocational education in a State, (2) MINIMAL AMOUNT.—For purposes of this activities of the local board in the local using the portion of the funds made available section, the term ‘‘minimal amount’’ means workforce development area; and for any program year by such agency for not more than 15 percent of the total amount (F) describe how parents, teachers, and the postsecondary and adult vocational edu- made available by the eligible agency under community are involved in the development cation under section ll113(a)(3), shall dis- section ll113(a)(3) for sections ll113 and and implementation of activities under this tribute such portion to eligible institutions ll114 for a program year. section. S10444 CONGRESSIONAL RECORD — SENATE September 12, 1996 SEC. ll116. DISTRIBUTION FOR ADULT EDU- social services available in the community, by the State, a local agency, or the private CATION AND LITERACY. including coordination with one-stop career sector for such activities) that consist of— (a) RESERVATIONS FOR STATE AND LOCAL center systems established in section (i) providing services to upgrade the skills ACTIVITIES.— ll121(d); and of employed workers who are at risk of being (1) IN GENERAL.—The sum of the funds (C) the commitment of the provider to permanently laid off; made available to a State for any program serve individuals in the community who are (ii) retraining employed workers in new year under paragraphs (4) and (5) of section most in need of literacy services. technologies and work processes that will fa- ll103(a) for adult education and literacy (d) LOCAL ADMINISTRATIVE COST LIMITS.— cilitate the conversion and restructuring of activities shall be made available in accord- (1) IN GENERAL.—Except as provided in business to assist in the avoidance of a per- ance with this section. paragraph (2), of the funds provided under manent closure or substantial layoff at a (2) DISTRIBUTION.—Of the sum described in this section by an eligible agency to a pro- plant, facility, or enterprise; paragraph (1) that is made available to an el- vider described in subsection (b), not less (iii) providing customized assessments of igible agency for adult education and lit- than 95 percent shall be expended for provi- the skills of workers and an analysis of the eracy for a program year— sion of adult education and literacy activi- skill needs of employers; (A) not less than 85 percent shall be made ties. The remainder shall be used for plan- (iv) assisting consortia of small- and me- available to award grants in accordance with ning, administration, personnel develop- dium-size employers in upgrading the skills this section to carry out adult education and ment, and interagency coordination. of their workforces; literacy activities; (2) SPECIAL RULE.—In cases where the cost (v) providing productivity and quality im- (B) not more than 10 percent shall be made limits described in paragraph (1) will be too provement training programs for the available to carry out State activities de- restrictive to allow for adequate planning, workforces of small- and medium-size em- ll scribed in section 124(a); and administration, personnel development, and ployers; and (C) subject to subparagraph (A), not more interagency coordination supported under (vi) establishing and implementing an em- than 5 percent, or $50,000, whichever is great- this section, the eligible agency shall nego- ployer loan program to assist employees in er, shall be made available for administra- tiate with the provider described in sub- skills upgrading; tive expenses at the State level. section (b) in order to determine an adequate (D) implementing efforts to increase the (b) GRANTS.— level of funds to be used for noninstructional number of participants trained and placed in (1) IN GENERAL.—Except as provided in purposes. nontraditional employment; and paragraph (2), from the amount made avail- ll (E) carrying out other activities author- able to an eligible agency for adult edu- SEC. 117. DISTRIBUTION FOR FLEXIBLE AC- TIVITIES. ized in this section that the State deter- cation and literacy under subsection (a) EMPLOYMENT AND TRAINING ACTIVI- mines to be necessary to assist local (a)(2)(A) for a program year, such agency TIES.—A State that uses funds made avail- workforce development areas in carrying out shall award grants, on a competitive basis, able to the State under this title through the activities described in subsection (e) or (f) to local educational agencies, correctional flex account to carry out employment and through the statewide system; education agencies, community-based orga- training activities shall distribute such (2) to operate a fiscal and management ac- nizations of demonstrated effectiveness, vol- funds in accordance with section ll111. countability information system under sec- unteer literacy organizations, libraries, pub- (b) AT-RISK YOUTH ACTIVITIES.—A State tion ll106(e); lic or private nonprofit agencies, postsecond- that uses funds made available to the State (3) to assist in the establishment of the ary educational institutions, public housing under this title through the flex account to one-stop career center system described in authorities, and other nonprofit institutions, carry out at-risk youth activities shall dis- subsection (d); and that have the ability to provide literacy tribute such funds in accordance with sec- (4) to carry out the career grant pilot pro- services to adults and families, or consortia tion ll112. gram described in subsection (g). of agencies, organizations, or institutions de- (c) VOCATIONAL EDUCATION ACTIVITIES.—A (d) ESTABLISHMENT OF ONE-STOP CAREER scribed in this subsection, to enable such State that uses funds made available to the CENTER SYSTEM.— agencies, organizations, institutions, and State under this title through the flex ac- (1) IN GENERAL.—There shall be established consortia to carry out adult education and count to carry out vocational education ac- in a State that receives an allotment under literacy activities. tivities shall distribute such funds in accord- section ll102 a one-stop career center sys- (2) CONSORTIA.—An eligible agency may ance with sections ll113, ll114, and tem, which— award a grant under this section to a consor- ll115. (A) shall provide the core services de- tium that includes a provider described in (d) ADULT EDUCATION AND LITERACY ACTIVI- scribed in subsection (e)(2); paragraph (1) and a for-profit agency, organi- TIES.—A State that uses funds made avail- (B) shall provide access to the activities (if zation, or institution, if such agency, organi- able to the State under this title through the any) carried out under subsection (f); zation, or institution— flex account to carry out adult education (C) shall make labor market information (A) can make a significant contribution to and literacy activities shall distribute such described in section ll139 and subsection carrying out the objectives of this title; and funds in accordance with section ll116. (e)(2)(D) available and shall provide all job (B) enters into a contract with such pro- Subtitle C—Use of Funds search, placement, recruitment, and other vider to carry out adult education and lit- SEC. ll121. EMPLOYMENT AND TRAINING AC- labor exchange services authorized under the eracy activities. TIVITIES. Wagner-Peyser Act (29 U.S.C. 49 et seq.); and (c) GRANT REQUIREMENTS.— (a) IN GENERAL.—Funds made available to (D)(i) shall provide access to training serv- (1) EQUITABLE ACCESS.—Each eligible agen- States and local workforce development ices as described in subsection (e)(3), which cy awarding a grant under this section for areas under this title for employment and may include serving as the point of distribu- adult education and literacy activities shall training activities— tion of career grants for training services to ensure that the providers described in sub- (1) shall be used to carry out the activities participants in accordance with subsection section (b) will be provided direct and equi- described in subsections (b), (e), and (g); and (e)(3); and table access to all Federal funds provided (2) may be used to carry out the activities (ii) may serve as the point of distribution under this section. described in subsections (c) and (f). of career grants for training services to par- (2) SPECIAL RULE.—Each eligible agency (b) REQUIRED STATE ACTIVITIES.—A State ticipants in accordance with subsection (g). awarding a grant under this section shall not shall use funds made available for State em- (2) ONE-STOP DELIVERY.—At a minimum, use any funds made available under this title ployment and training activities under sec- the one-stop career center system shall for adult education and literacy activities tion ll111(a)(2)(B)— make the services described in paragraph (1) for the purpose of supporting or providing (1) to provide rapid response assistance; available— programs, services, or activities for individ- (2) to provide labor market information as (A) through a network of eligible providers uals who are not individuals described in described in section ll139; and that assures participants that the core serv- subparagraphs (A) and (B) of section (3) to conduct evaluations, under section ices described in subsection (e)(2) will be ll004(1), except that such agency may use ll106(d), of activities authorized in this available regardless of where the partici- such funds for such purpose if such pro- section. pants initially enter the statewide system, grams, services, or activities are related to (c) PERMISSIBLE STATE ACTIVITIES.—A including the availability of such services family literacy services. State may use funds made available for through multiple, connected access points, (3) CONSIDERATIONS.—In awarding grants State employment and training activities linked electronically or technologically; under this section, the eligible agency shall under section ll111(a)(2)(B)— (B) through a network of career centers consider— (1) to provide services that may include— that can provide the services described in (A) the past effectiveness of a provider de- (A) providing professional development and paragraph (1) to participants; scribed in subsection (b) in providing serv- technical assistance; (C) at not less than 1 physical, co-located ices (especially with respect to recruitment (B) making incentive grants to local career center in each local workforce devel- and retention of educationally disadvan- workforce development areas for exemplary opment area of the State, that provides the taged adults and the learning gains dem- performance in reaching or exceeding bench- services described in paragraph (1) to partici- onstrated by such adults); marks described in section ll108(d)(4)(A); pants seeking such services; or (B) the degree to which the provider will (C) providing economic development ac- (D) through a combination of the options coordinate services with other literacy and tivities (to supplement other funds provided described in subparagraphs (A) through (C). September 12, 1996 CONGRESSIONAL RECORD — SENATE S10445

(e) REQUIRED LOCAL ACTIVITIES.— (i) REQUIREMENT.—Except as provided in employment services, or other public assist- (1) IN GENERAL.—Funds made available to clause (ii), provision of such training serv- ance; local workforce development areas under ices shall be limited to participants who— (B) intensive employment-related services section ll111(a)(2)(A) shall be used— (I) are unable to obtain other grant assist- for participants who are unable to obtain (A) to establish the one-stop career center ance for such services, including Federal Pell employment through the core services, as de- described in subsection (d); Grants established under title IV of the termined by the State; (B) to provide the core services described Higher Education Act of 1965 (20 U.S.C. 1070 (C) dissemination to employers of informa- in paragraph (2) (referred to in this section et seq.); or tion on activities carried out through the as ‘‘core services’’) to participants through (II) who require assistance beyond the as- statewide system; the one-stop career center system; and sistance made available under other grant (D) customized screening and referral of (C) to provide training services described assistance programs, including Federal Pell qualified participants to employment; and in paragraph (3) (referred to in this section Grants. (E) customized employment-related serv- as ‘‘training services’’) to participants de- (ii) REIMBURSEMENTS.—Training services ices to employers on a fee-for-service basis. scribed in such paragraph. may be provided under this paragraph to an (2) SUPPORTIVE SERVICES.—Funds made (2) CORE SERVICES.—Funds made available individual who otherwise meets the require- available to local workforce development to local workforce development areas under ments of this paragraph while an application areas under section ll111(a)(2)(A) may be section ll111(a)(2)(A) shall be used to pro- for a Federal Pell Grant is pending, except used to provide supportive services to par- vide core services, which shall be available that if such individual is subsequently ticipants— to all individuals through a one-stop career awarded a Federal Pell Grant, appropriate (A) who are receiving training services; center system and shall, at a minimum, in- reimbursement shall be made to the local and clude— workforce development area from such Fed- (B) who are unable to obtain such support- (A) outreach, intake, and orientation to eral Pell Grant. ive services through other programs provid- the information and other services available (C) PRIORITY.—In the event that funds are ing such services. through the one-stop career center system; limited within a local workforce develop- (3) FOLLOWUP SERVICES.—Funds made (B) initial assessment of skill levels, apti- ment area, priority shall be given to dis- available to local workforce development tudes, abilities, and supportive service needs; located workers and other unemployed indi- areas under section ll111(a)(2)(A) may be (C) job search and placement assistance, viduals for receipt of training services pro- used to provide followup services for partici- and, where appropriate, career counseling; vided under this paragraph. The appropriate pants in activities authorized in this section (D) provision of accurate labor market in- local board and the Governor shall provide who are placed in unsubsidized employment. formation relating to— policy guidance to one-stop career center eli- (4) NEEDS-RELATED PAYMENTS.— (i) local, State, and, if appropriate, re- gible providers in the local workforce devel- (A) IN GENERAL.—Funds made available to gional or national, occupations in demand; opment area for making determinations re- local workforce development areas under and lated to such priority. section ll111(a)(2)(A) may be used to pro- (ii) skill requirements for such occupa- (D) DELIVERY OF SERVICES.—Training serv- vide needs-related payments to dislocated tions, where available; ices provided under this paragraph shall be workers who are unemployed and do not (E)(i) provision of accurate information re- provided— qualify for, or have ceased to qualify for, un- lating to the quality and availability of ac- (i) except as provided in section ll107(d), employment compensation, for the purpose tivities authorized in this section, at-risk through eligible providers of such services of enabling such individuals to participate in youth activities, vocational education ac- identified in accordance with section ll107; training services. tivities, adult education and literacy activi- and (B) ADDITIONAL ELIGIBILITY REQUIRE- ties, and vocational rehabilitation program (ii) in accordance with subparagraph (E). MENTS.—In addition to the requirements con- activities; (E) CONSUMER CHOICE REQUIREMENTS.— tained in subparagraph (A), a dislocated (ii) provision of information relating to (i) IN GENERAL.—Training services provided worker who has ceased to qualify for unem- adult education and literary activities, under this paragraph may be provided ployment compensation may be eligible to through cooperative efforts with eligible pro- through the use of career grants, contracts, receive needs-related payments under this viders of adult education and literacy activi- or other methods (which may include per- paragraph only if such worker was enrolled ties described in section ll116(b); and formance-based contracting) and shall, to in the training services— (iii) referral to appropriate activities de- the extent practicable, maximize consumer (i) by the end of the 8th week of the work- scribed in clauses (i) and (ii); choice in the selection of an eligible provider er’s initial unemployment compensation (F) provision of eligibility information re- of such services. benefits period; or lating to unemployment compensation, pub- (ii) ELIGIBLE PROVIDERS.—Each local (ii) if later, by the end of the 8th week licly funded education and training programs workforce development area, through one- after the worker is informed that a short- (including registered apprenticeships), and stop career centers, shall make available— term layoff will, in fact, exceed 6 months. forms of public financial assistance, such as (I) the list of eligible providers of training (C) LEVEL OF PAYMENTS.—The level of a student aid programs, that may be available services required under section ll107(b)(4), needs-related payment made under this para- in order to enable individuals to participate with a description of the training courses graph— in workforce and career development activi- available from such providers and a list of (i) shall not exceed the greater of— ties; the names of on-the-job training providers; (I) the applicable level of unemployment (G) dissemination of lists of providers and and compensation; or performance information in accordance with (II) the performance information described (II) an amount equal to the poverty line (as paragraph (3)(E)(ii); and in subsections (b)(4) and (d)(2) of section defined by the Office of Management and (H) provision of information regarding how ll107 relating to such providers. Budget, and revised annually in accordance the local workforce development area is per- (iii) PURCHASE OF SERVICES.—An individual with section 673(2) of the Community Serv- forming on the local benchmarks described eligible for receipt of training services under ices Block Grant Act (42 U.S.C. 9902(2)) appli- in section ll108(d)(4)(A), and any additional this paragraph may select an eligible pro- cable to a family of the size involved, for an performance information provided by the vider of training services from the lists of equivalent period; and local board. providers described in clause (ii)(I). Upon (ii) shall be adjusted to reflect changes in (3) REQUIRED TRAINING SERVICES.— such selection, the operator of the one-stop total family income. (A) SERVICES.—Funds made available to career center shall, to the extent prac- (5) CAREER GRANT PILOT PROGRAM.—Funds local workforce development areas under ticable, refer such individual to the eligible made available to local workforce develop- section ll111(a)(2)(A) shall be used to pro- provider of training services, and arrange for ment areas under section ll111(a)(2)(A) vide training services to individuals who are payment for such services. may be used to carry out the career grant unable to obtain employment through the (F) USE OF CAREER GRANTS.—A State or a pilot program described in subsection (g), core services, who after an interview, evalua- local workforce development area may de- which may be carried out in conjunction tion or assessment, and counseling by an eli- liver all training services authorized in this with the provision of training services under gible provider have been determined to be in paragraph through the use of career grants. subsection (e)(3). need of training services, and who meet the (f) PERMISSIBLE LOCAL ACTIVITIES.— (g) CAREER GRANT PILOT PROGRAM FOR DIS- requirements of subparagraph (B). Training (1) DISCRETIONARY ONE-STOP DELIVERY AC- LOCATED WORKERS.—The State shall carry services may include— TIVITIES.—Funds made available to local out (using funds made available under sec- (i) occupational skills training; workforce development areas under section tion ll111(a)(2)(B) or by making funds (ii) on-the-job training; ll111(a)(2)(A) may be used to provide, available to local workforce development (iii) skills upgrading and retraining for through one-stop delivery described in sub- areas under section ll111(a)(2)(A)) a career persons not in the workforce; and section (d)(2)— grant pilot program for dislocated workers (iv) basic skills training when provided in (A) co-location of services related to that is of sufficient size, scope, and quality combination with services described in workforce and career development activities, to measure the effectiveness of the use of ca- clause (i), (ii), or (iii). such as unemployment insurance, vocational reer grants for the provision of training serv- (B) QUALIFICATION.— rehabilitation program activities, veterans’ ices under subsection (e)(3). S10446 CONGRESSIONAL RECORD — SENATE September 12, 1996

(h) LOCAL ADMINISTRATION.—Not more than (12) performance awards for 1 or more eligi- pend such funds in accordance with sections 10 percent of the funds made available under ble providers that the eligible agency deter- ll122 and ll126. section ll111(a)(2)(A) to a local workforce mines have achieved exceptional perform- (3) VOCATIONAL EDUCATION ACTIVITIES.—A development area may be used for adminis- ance in providing activities described in this State that uses funds made available to the trative expenses. section. State under this title through the flex ac- SEC. ll122. AT-RISK YOUTH ACTIVITIES. (b) REQUIRED LOCAL ACTIVITIES.—The eligi- count to carry out vocational education ac- (a) REQUIRED ACTIVITIES.—Funds made ble agency for vocational education shall use tivities shall expend such funds in accord- available to Governors and local workforce not less than 85 percent of the funds made ance with sections ll123 and ll126. development areas under this title for at- available to the eligible agency under sub- (4) ADULT EDUCATION AND LITERACY ACTIVI- risk youth activities shall be used to carry title A to provide financial assistance under TIES.—A State that uses funds made avail- out, for at-risk youth, activities that— sections ll113 and ll114 to eligible provid- able to the State under this title through the (1) provide strong linkages between aca- ers to enable such providers to carry out ac- flex account to carry out adult education demic, occupational, and worksite learning; tivities authorized in this section that in- and literacy activities shall expend such ll (2) provide postsecondary educational op- clude— funds in accordance with sections 124 and ll portunities, where appropriate; (1)(A) integrating academic and vocational 126. (3) involve business and parents in the de- education; SEC. ll126. REQUIREMENTS AND RESTRICTIONS sign and implementation of the activities; (B) integrating classroom and worksite RELATING TO USE OF FUNDS. (a) FISCAL REQUIREMENTS FOR VOCATIONAL (4) provide adult mentoring; learning; and EDUCATION ACTIVITIES AND ADULT EDUCATION (5) provide career guidance and counseling; (C) linking secondary and postsecondary AND LITERACY ACTIVITIES.— and education, including implementing tech-prep (1) SUPPLEMENT NOT SUPPLANT.—Funds (6) are of sufficient size, scope, and quality programs; made available under this title for voca- to be effective. (2) providing career guidance and counsel- tional education activities or adult edu- (b) PERMISSIBLE ACTIVITIES.—Funds made ing; cation and literacy activities shall supple- available to Governors and local workforce (3) providing vocational education pro- ment, and may not supplant, other public development areas under this title for at- grams of sufficient size, scope, and quality to be effective; funds expended to carry out activities de- risk youth activities may be used to carry ll ll (4) improving and expanding access to scribed in section 123 or 124, respec- out, for at-risk youth, activities that pro- tively. vide— quality, state-of-the-art activities author- (2) MAINTENANCE OF EFFORT.— (1) tutoring, study skills training, and in- ized in this section; (A) DETERMINATION.— struction, leading to completion of second- (5) providing professional development; and (6) involving business and parents in the (i) IN GENERAL.—Except as provided in ary school, including dropout prevention clauses (ii) and (iii), and subparagraph (B), design and implementation of activities au- strategies; no payments shall be made under this title thorized in this section. (2) alternative secondary school services; for any program year to a State for voca- ll (3) paid and unpaid work experience, in- SEC. 124. ADULT EDUCATION AND LITERACY tional education activities or adult edu- ACTIVITIES. cluding summer employment opportunities, cation and literacy activities unless the Sec- that are directly linked to academic, occupa- (a) PERMISSIBLE STATE ACTIVITIES.—The el- retary of Education determines that the fis- tional, and worksite learning; and igible agency for adult education and lit- cal effort per student or the aggregate ex- (4) training-related supportive services. eracy may use not more than 10 percent of penditures of such State for activities de- (c) LOCAL ADMINISTRATION.—Not more than the funds made available to the eligible scribed in section ll123 or ll124, respec- 10 percent of the funds made available under agency under subtitle A for activities that tively, for the program year preceding the section ll112(a)(2)(A) to a local workforce may include— program year for which the determination is development area may be used for adminis- (1) the establishment or operation of pro- made, equaled or exceeded such effort or ex- trative expenses. The local board for the fessional development programs to improve penditures for activities described in section local workforce development area may use the quality of instruction provided pursuant ll123 or ll124, respectively, for the second not more than 4 percent of the funds made to local activities authorized in this section, program year preceding the fiscal year for available under section ll112(a)(2)(A) for including instruction provided by volunteers; which the determination is made. the administrative expenses of the local (2) the provision of technical assistance to (ii) COMPUTATION.—In computing the fiscal board. The remainder of the 10 percent may eligible providers of activities authorized in effort or aggregate expenditures pursuant to be used for administrative expenses of eligi- this section; clause (i), the Secretary of Education shall ble providers of at-risk youth activities in (3) the provision of technology assistance exclude capital expenditures, special one- the local workforce development area. to eligible providers of activities authorized time project costs, similar windfalls, and the SEC. ll123. VOCATIONAL EDUCATION ACTIVI- in this section to enable the providers to im- cost of pilot programs. TIES. prove the quality of such activities; (iii) DECREASE IN FEDERAL SUPPORT.—If the (a) PERMISSIBLE STATE ACTIVITIES.—The el- (4) the support of State or regional net- amount made available for vocational edu- igible agency for vocational education shall works of literacy resource centers; and cation activities or adult education and lit- use not more than 11 percent of the funds (5) the monitoring and evaluation of the eracy activities under this title for a fiscal made available to the eligible agency under quality of and the improvement in activities year is less than the amount made available subtitle A for activities that may include— authorized in this section. for vocational education activities or adult (1) an assessment of the activities author- (b) REQUIRED LOCAL ACTIVITIES.—The eligi- education and literacy activities, respec- ized in this section; ble agency for adult education and literacy tively, under this title for the preceding fis- (2) support for tech-prep programs; shall require that each eligible provider re- cal year, then the fiscal effort per student or (3) support for activities authorized in this ceiving a grant under section ll116 use the the aggregate expenditures of a State re- section for single parents, displaced home- grant to establish or operate 1 or more pro- quired by clause (i) for such preceding fiscal makers, and single pregnant women; grams that provide instruction or services in year shall be decreased by the same percent- (4) professional development activities, in- 1 or more of the following categories: age as the percentage decrease in the cluding— (1) Adult education and literacy services. amount so made available. (A) inservice and preservice training in (2) Family literacy services. (B) SPECIAL RULE.—Notwithstanding any state-of-the-art vocational education pro- (3) English literacy programs. provision of the Carl D. Perkins Vocational grams and techniques; and SEC. ll125. FLEXIBLE ACTIVITIES. Education Act (as such Act was in effect on (B) support of education programs for (a) IN GENERAL.—A State may use the September 24, 1990), a State shall be deemed teachers of vocational education in public funds made available to the State under this to have met the requirements of section 503 schools to ensure such teachers stay current title through the flex account to carry out— of such Act with respect to decisions ap- with the needs, expectations, and methods of (1) employment and training activities; pealed by applications filed on April 30, 1993 industry; (2) at-risk youth activities; and October 29, 1993 under section 452(b) of (5) support for programs that offer experi- (3) vocational education activities; and the General Education Provisions Act. ence in, and understanding of, all aspects of (4) adult education and literacy activities. (C) WAIVER.—The Secretary of Education the industry students are preparing to enter; (b) USE OF FUNDS.— may waive the requirements of subparagraph (6) leadership and instructional programs (1) EMPLOYMENT AND TRAINING ACTIVITIES.— (A) (with respect to not more than 5 percent in technology education; A State that uses funds made available to of expenditures required for the preceding (7) support for cooperative education; the State under this title through the flex fiscal year by any eligible agency) for 1 pro- (8) support for family and consumer account to carry out employment and train- gram year only, after making a determina- sciences programs; ing activities shall expend such funds in action that such waiver would be equitable due (9) support for vocational student organiza- cordance with sections ll121 and ll126. to exceptional or uncontrollable cir- tions; (2) AT-RISK YOUTH ACTIVITIES.—A State cumstances affecting the ability of the eligi- (10) improvement of career guidance and that uses funds made available to the State ble agency to meet such requirements, such counseling; under this title through the flex account to as a natural disaster or an unforeseen and (11) technical assistance; and carry out at-risk youth activities shall ex- precipitous decline in financial resources. No September 12, 1996 CONGRESSIONAL RECORD — SENATE S10447

level of funding permitted under such a waiv- equivalent job with the participating em- (B) PROVISION OF SERVICES.—Funds made er may be used as the basis for computing ployer; or available under section ll111(a)(2)(A) and the fiscal effort or aggregate expenditures (ii) when the employer has terminated the allocated within the local workforce develop- required under this paragraph for years sub- employment of any regular employee or oth- ment area for the provision of such training sequent to the year covered by such waiver. erwise reduced the workforce of the em- services may be used to provide State-ap- The fiscal effort or aggregate expenditures ployer with the intention of filling the va- proved adult education and literacy activi- for the subsequent years shall be computed cancy so created with the participant. ties that provide instruction designed to help on the basis of the level of funding that (5) HEALTH AND SAFETY.—Health and safety individuals obtain a secondary school di- would, but for such waiver, have been re- standards established under Federal and ploma or its recognized equivalent, to indi- quired. State law otherwise applicable to working viduals who— (3) EXPENDITURES OF NON-FEDERAL FUNDS conditions of employees shall be equally ap- (i) are seeking to participate in such train- FOR ADULT EDUCATION AND LITERACY ACTIVI- plicable to working conditions of partici- ing services; and TIES.—For any program year for which an al- pants engaged in specified activities. To the (ii) are otherwise unable to obtain such lotment is made to the State under this extent that a State workers’ compensation services. title, the State shall expend, on programs law applies, workers’ compensation shall be and activities relating to adult education provided to participants on the same basis as (d) DRUG TESTING LIMITATIONS ON PARTICI- and literacy activities, an amount, derived the compensation is provided to other indi- PANTS IN TRAINING SERVICES.— from sources other than the Federal Govern- viduals in the State in similar employment. (1) FINDING.—Congress finds that— ment, equal to 25 percent of the amount (6) EMPLOYMENT CONDITIONS.—Participants (A) the possession, distribution, and use of made available to a State under paragraphs employed or assigned to work in positions drugs by participants in training services (4) and (5) of section ll103(a) for adult edu- subsidized for specified activities shall be should not be tolerated, and that such use cation and literacy activities. provided benefits and working conditions at prevents participants from making full use (b) LIMITATIONS ON ACTIVITIES THAT IMPACT the same level and to the same extent as of the benefits extended through such train- EMPLOYEES.— other employees working a similar length of ing services at the expense of taxpayers; and (1) WAGES.—No funds provided under this time and doing the same type of work. (B) applicants and participants should be title shall be used to pay the wages of incum- (7) EFFECT ON OTHER LAWS.—Nothing in tested for illegal drug use, in order to maxi- bent employees during their participation in this division shall be construed to modify or mize the training services and assistance economic development activities described affect any Federal or State law prohibiting provided under this title. in section ll121(c)(1)(C) provided through discrimination on the basis of race, color, re- (2) DRUG TESTS.—Each eligible provider of the statewide system. ligion, sex, national origin, age, or disabil- training services described in section (2) RELOCATION.— ity. ll121(e)(3) shall administer a drug test— (A) IN GENERAL.—No funds provided under (8) NONDISCRIMINATION.—Except as other- this title for an employment and training ac- wise permitted in law, no individual may be (A) on a random basis, to individuals who tivity shall be used or proposed for use to en- discriminated against with respect to par- apply to participate in such training serv- courage or induce the relocation, of a busi- ticipation in specified activities because of ices; and ness or part of a business, that results in a race, color, religion, sex, national origin, (B) to a participant in such training serv- loss of employment for any employee of such age, or disability. ices, on reasonable suspicion of drug use by business at the original location, if such (9) GRIEVANCE PROCEDURE.—A State that the participant. original location is within the United States. receives an allotment under section ll102 (3) ELIGIBILITY OF APPLICANTS.—In order for (B) REPAYMENT.—If the Secretary of Labor shall establish and maintain a grievance pro- such an applicant to be eligible to partici- determines that a violation of this paragraph cedure for resolving complaints alleging vio- pate in such training services, the applicant or paragraph (3) has occurred, the Secretary lations of any of the prohibitions or require- shall agree to submit to a drug test adminis- of Labor shall require the State that has vio- ments described in this subsection. tered as described in paragraph (2)(A) and, if lated this paragraph or paragraph (3), respec- (10) EXCLUSIVE REMEDY.—Except as pro- the test is administered to the applicant, tively, to repay to the United States an vided in paragraph (7), nothing in this divi- shall pass the test. amount equal to the amount expended in sion shall be construed to provide an individ- (4) ELIGIBILITY OF PARTICIPANTS.—In order violation of this paragraph or paragraph (3), ual with an entitlement to a service or to es- for such a participant to remain eligible to respectively. tablish a right for an individual to bring any participate in such training services, the (3) TRAINING AND ASSESSMENTS FOLLOWING action for a violation of a prohibition or re- participant shall agree to submit to a drug RELOCATION.—No funds provided under this quirement of this title or to obtain services test administered as described in paragraph title for an employment and training activ- through an activity established under this (2)(B) and, if the test is administered to the ity shall be used for customized or skill title, except that a participant in specified participant, shall pass the test. If a partici- training, on-the-job training, or company- activities under this title may pursue a com- pant refuses to submit to the drug test, or specific assessments of job applicants or em- plaint alleging a violation of any of the pro- fails the drug test, the eligible provider shall ployees, for any business or part of a busi- hibitions or requirements described in this dismiss the participant from participation in ness, that has relocated, until 120 days after subsection through the grievance procedure such training services. the date on which such business commences described in paragraph (9). (5) REAPPLICATION.— operations at the new location, if the reloca- (c) LIMITATIONS ON PARTICIPANTS IN TRAIN- (A) IN GENERAL.—Except as provided in tion of such business or part of a business, ING SERVICES.— subparagraph (B), an individual who is an ap- results in a loss of employment for any em- (1) DIPLOMA OR EQUIVALENT.— plicant and is disqualified from eligibility ployee of such business at the original loca- (A) IN GENERAL.—No individual may par- tion and such original location is within the ticipate in training services described in sec- under paragraph (3), or who is a participant United States. tion ll121(e)(3) until the individual has ob- and is dismissed under paragraph (4), may re- (4) DISPLACEMENT.— tained a secondary school diploma or its rec- apply, not earlier than 6 months after the (A) PROHIBITION ON DISPLACEMENT.—A par- ognized equivalent, or is enrolled in a pro- date of the disqualification or dismissal, to ticipant in an activity authorized in section gram or course of study to obtain a second- participate in such training services. If the ll121 or ll122 (referred to in this section ary school diploma or its recognized equiva- individual demonstrates that the individual as a ‘‘specified activity’’) shall not displace lent. has completed a drug treatment program and (including a partial displacement, such as a (B) EXCEPTION.—Nothing in subparagraph passed a drug test within the 30-day period reduction in the hours of nonovertime work, (A) shall prevent participation in such train- prior to the date of the reapplication, the in- wages, or employment benefits) any curing services by an individual for whom the dividual may participate in such training rently employed employee (as of the date of requirement described in subparagraph (A) services, under the same terms and condi- the participation). has been determined to be inappropriate, tions as apply to other applicants and par- (B) PROHIBITION ON IMPAIRMENT OF CON- pursuant to the interview, evaluation or as- ticipants, including submission to drug tests TRACTS.—A specified activity shall not im- sessment, and counseling described in sec- administered as described in paragraph (2). pair an existing contract for services or col- tion ll121(e)(3)(A). (B) SECOND DISQUALIFICATION OR DISMIS- lective bargaining agreement, and no such (2) SERVICES.— SAL.—If the individual reapplies to partici- activity that would be inconsistent with the (A) REFERRAL.—If an individual who has pate in such training services and fails a terms of a collective bargaining agreement not obtained a secondary school diploma or drug test administered under paragraph (2) shall be undertaken without the written con- its recognized equivalent applies to partici- by the eligible provider, while the individual currence of the labor organization and em- pate in such training services, and a deter- is an applicant or a participant, the eligible ployer concerned. mination described in paragraph (1)(B) has provider shall disqualify the individual from (C) PROHIBITION ON REPLACEMENT.—A par- not been made for such individual, such indi- eligibility for, or dismiss the individual from ticipant in a specified activity shall not be vidual shall be referred to State-approved participation in, such training services. The employed in a job— adult education and literacy activities that individual shall not be eligible to reapply for (i) when any other individual is on tem- provide instruction designed to help such in- participation in the such training services porary layoff, with the clear possibility of dividual obtain a secondary school diploma for 2 years after such disqualification or dis- recall, from the same or any substantially or its recognized equivalent. missal. S10448 CONGRESSIONAL RECORD — SENATE September 12, 1996

(6) APPEAL.—A decision by an eligible pro- part on activities carried out to implement the absolute and relative performance of vider to disqualify an individual from eligi- this subsection. States in reaching State benchmarks; and bility for participation in such training serv- (9) REPORTING REQUIREMENTS.—An eligible (7) reviewing federally funded education, ices under paragraph (3) or (5), or to dismiss provider shall make records of drug testing employment, and job training programs, a participant as described in paragraph (4) or conducted under this subsection available other than activities authorized under this (5), shall be subject to expeditious appeal in for inspection by other eligible providers, in- title, and submitting recommendations to accordance with procedures established by cluding eligible providers in other local the Committees described in paragraph (6) the State in which the eligible provider is lo- workforce development areas, for the sole regarding the integration of such programs cated. purpose of enabling the providers to deter- into the statewide systems. (7) NATIONAL UNIFORM GUIDELINES.— mine the eligibility status of an applicant (c) CONTENTS.—The interagency agreement (A) IN GENERAL.—The Secretary of Labor pursuant to this subsection. shall include, at a minimum— shall develop voluntary guidelines to assist (10) USE OF DRUG TESTS.—No Federal, (1) a description of the methods the Sec- eligible providers concerning the drug test- State, or local prosecutor may use drug test retaries will use to work together to carry ing required under this subsection. results obtained under this subsection in a out their duties and responsibilities under (B) PRIVACY.—The guidelines shall pro- criminal action. this title in a manner that will ensure that mote, to the maximum extent practicable, (11) DEFINITIONS.—As used in this sub- neither the Department of Labor nor the De- individual privacy in the collection of speci- section: partment of Education duplicates the work men samples for such drug testing. (A) DRUG.—The term ‘‘drug’’ means a con- of the other department; and (C) LABORATORIES AND PROCEDURES.—With trolled substance, as defined in section 102(6) (2) a description of the manner in which respect to standards concerning laboratories of the Controlled Substances Act (21 U.S.C. the Secretaries will utilize personnel and and procedures for such drug testing, the 802(6)). other resources of the Department of Labor guidelines shall incorporate the Mandatory (B) DRUG TEST.—The term ‘‘drug test’’ and the Department of Education to admin- Guidelines for Federal Workplace Drug Test- means a biochemical drug test carried out by ister this title (other than the excluded pro- ing Programs, 53 Fed. Reg. 11970 (1988) (or a a facility that is approved by the eligible visions). successor to such guidelines), including the provider administering the test. (d) ADMINISTRATION OF THE ACT.— portion of the mandatory guidelines that— (C) RANDOM BASIS.—For purposes of the ap- (1) IN GENERAL.—Not later than 180 days (i) establishes comprehensive standards for plication of this subsection in a State, the after the date of enactment of this Act, the all aspects of laboratory drug testing and term ‘‘random basis’’ has the meaning deter- Secretaries shall prepare and submit to the laboratory procedures, including standards mined by the Governor of the State, in the President, the Committee on Economic and that require the use of the best available sole discretion of the Governor. Educational Opportunities of the House of technology for ensuring the full reliability (e) SUPPORTIVE SERVICES.—Supportive Representatives, and the Committee on and accuracy of drug tests and strict proce- services may be provided with funds provided Labor and Human Resources of the Senate, dures governing the chain of custody of spec- through the allotment described in section the interagency agreement. Such agreement imen samples; ll102 only to the extent that such services shall also be available to the public through (ii) establishes the minimum list of drugs are not available through alternative fund- publication in the Federal Register. for which individuals may be tested; and ing sources specifically designated for such (2) APPROVAL.—Not later than 200 days (iii) establishes appropriate standards and services. procedures for periodic review of labora- after the date of enactment of this Act, the (f) SPECIAL RULE FOR CRIMINAL OFFEND- President shall— tories and criteria for certification and rev- ERS.—Notwithstanding subtitle B and this ocation of certification of laboratories to (A) approve or disapprove the interagency subtitle, a portion of the funds made avail- agreement made by the Secretaries; and perform such drug testing. able under subtitle A may be distributed to (D) SCREENING AND CONFIRMATION.—The (B) if the agreement is disapproved, make 1 or more State corrections agencies to en- recommendations to the Secretaries with re- guidelines described in subparagraph (A) able the State corrections agencies to carry shall provide that, for drug testing con- spect to an alternative plan and require the out any activity described in this subtitle for Secretaries to submit such a plan in accord- ducted under this subsection— juvenile and adult criminal offenders in cor- (i) each laboratory involved in the drug ance with this section not later than 30 days rectional institutions in the State, including testing of any individual shall have the capa- after the date of the disapproval. correctional institutions operated by local bility and facility, at such laboratory, of per- (e) LIMITATION ON FEDERAL REGULATIONS.— authorities. forming screening and confirmation tests; The Secretary of Labor or the Secretary of (g) SENSE OF THE CONGRESS.—It is the sense Education may issue regulations under this (ii) all tests that indicate the use, in viola- of the Congress that, to the greatest extent tion of law (including Federal regulation) of title only to the extent necessary to admin- practicable, all equipment and products pur- a drug by the individual shall be confirmed ister and ensure compliance with the specific chased with funds made available under this by a scientifically recognized method of test- requirements of this title. title should be made in the United States. ing capable of providing quantitative data (f) EFFECT ON PERSONNEL.— regarding the drug; Subtitle D—National Activities (1) IN GENERAL.—The Secretaries shall take (iii) each specimen sample shall be sub- SEC. ll131. COORDINATION PROVISIONS. such actions as may be necessary, including divided, secured, and labeled in the presence (a) COLLABORATIVE ADMINISTRATION.—The reduction in force actions, consistent with of the individual; and Secretary of Labor and the Secretary of Edu- sections 3502 and 3595 of title 5, United States (iv) a portion of each specimen sample cation (referred to in this section as ‘‘the Code, to ensure that the positions of person- shall be retained in a secure manner to pre- Secretaries’’) shall enter into an interagency nel that relate to a covered activity and are vent the possibility of tampering, so that if agreement to administer the provisions of not otherwise minimally necessary to carry the confirmation test results are positive the this title (other than sections ll103(d), out this division are terminated. individual has an opportunity to have the re- ll113, ll114, ll126(a), ll126(b), ll138, (2) SCOPE.— tained portion assayed by a confirmation and ll139 (referred to in this section as the (A) INITIAL REDUCTIONS.—Not later than test done independently at a second certified ‘‘excluded provisions’’)). July 1, 1998, the Secretaries shall take the laboratory, if the individual requests the (b) RESPONSIBILITIES OF SECRETARIES.— actions described in paragraph (1), including independent test not later than 3 days after Such agreement shall specify the manner in reduction in force actions, with respect to being advised of the results of the first con- which the Secretaries shall administer this not less than 1⁄3 of the number of positions of firmation test. title (other than the excluded provisions), in- personnel that relate to a covered activity. (E) CONFIDENTIALITY.—The guidelines shall cluding— (B) SUBSEQUENT REDUCTIONS.—Not later provide for the confidentiality of the test re- (1) making allotment determinations than July 1, 2003, the Secretaries shall take sults and medical information (other than under section ll102; the actions described in paragraph (1)— information relating to a drug) of the indi- (2) reviewing State plans submitted in ac- (i) with respect to not less than 60 percent viduals tested under this subsection, except cordance with section ll104; of the number of positions of personnel that that the provisions of this subparagraph (3) carrying out the duties assigned to the relate to a covered activity, unless the Sec- shall not preclude the use of test results for Secretaries under section ll106; retaries submit (prior to July 1, 2003) a re- the orderly imposition of appropriate sanc- (4)(A) establishing uniform procedures, in- port to Congress demonstrating why such actions under this subsection. cluding grantmaking procedures; and tions have not occurred; or (F) SELECTION FOR RANDOM TESTS.—The (B) issuing uniform guidelines and regula- (ii) with respect to not less than 40 percent guidelines shall ensure that individuals who tions, subject to subsection (e); of the number of positions of personnel that apply to participate in the training services (5) carrying out the duties assigned to the relate to a covered activity, if the Secretar- described in paragraph (2) are selected for Secretaries under this subtitle (other than ies submit the report referred to in clause (i). drug testing on a random basis, using non- sections ll138 and ll139); (C) CALCULATION.—For purposes of cal- discriminatory and impartial methods. (6) preparing and submitting to the Com- culating, under this paragraph, the number (8) NONLIABILITY OF LOCAL BOARDS.—A local mittee on Economic and Educational Oppor- of positions of personnel that relate to a cov- board, and the individual members of a local tunities of the House of Representatives and ered activity, such number shall include the board, shall be immune from civil liability the Committee on Labor and Human Re- number of positions of personnel that are with respect to any claim based in whole or sources of the Senate an annual report on terminated under paragraph (1). September 12, 1996 CONGRESSIONAL RECORD — SENATE S10449

SEC. ll132. INCENTIVE GRANTS AND SANC- (b) SANCTIONS.— (1) IN GENERAL.—The Secretaries, as part of TIONS. (1) FINDING.—If a State fails to meet the the interagency agreement required under (a) INCENTIVE GRANTS.— State benchmarks required under section section ll131, shall develop a single plan (1) AWARD OF GRANTS.—From amounts re- ll106(b) for the 3 years covered by a State for evaluation and assessment, research, served under section ll151(b)(5) for any fis- plan described in section ll104, the Sec- demonstrations, dissemination, and tech- cal year, the Secretaries may award incen- retaries shall determine whether the failure nical assistance activities with regard to the tive grants to States, each of which shall be is attributable to— activities assisted under this title. awarded for not more than $15,000,000 per fis- (A) employment and training activities; (2) PLAN.—Such plan shall— cal year to a State that— (B) at-risk youth activities; (A) identify the activities the Secretaries (A)(i) reaches or exceeds, during the most (C) vocational education activities; or will carry out under this section; recent 12-month period for which data are (D) adult education and literacy activities. (B) describe how such activities will be available, State benchmarks required under (2) TECHNICAL ASSISTANCE OR REDUCTION OF carried out collaboratively; ll section 106(b), including the benchmarks ALLOTMENTS.— (C) describe how the Secretaries will evalu- ll required under section 106(b)(3); or (A) IN GENERAL.—The Secretaries may— ate such activities in accordance with sub- (ii) demonstrates continuing progress to- (i) provide technical assistance to the section (b); and ward reaching or exceeding, during the 3- State to improve the level of performance of (D) include such other information as the year period covered by the State plan sub- the State; or Secretaries determine to be appropriate ll mitted under section 104, the bench- (ii) on making a determination described through the interagency agreement. marks described in clause (i); in paragraph (1), reduce, by not more than 10 (b) EVALUATION AND ASSESSMENT.— (B) obtains an eligibility determination de- percent, the portion of the allotment made scribed in paragraph (2)(A) for such bench- (1) IN GENERAL.—From amounts made under section ll102 for the category of ac- available under paragraph (3), the Secretar- marks; and tivities to which the failure is attributable. (C) demonstrates, in the State plan infor- ies shall provide for the conduct of an inde- (B) PORTION OF THE ALLOTMENT.—For pur- pendent evaluation and assessment of em- mation submitted under section poses of subparagraph (A), in determining a ll104(b)(1)(B)(ii), that the Governor and eli- ployment and training activities, at-risk portion of an allotment for a category of ac- youth activities, vocational education ac- gible agencies have agreed on all elements of tivities, the Secretaries shall include in such the State plan. tivities, and adult education and literacy ac- portion any funds allocated to such category tivities, through studies and analyses con- (2) ELIGIBILITY DETERMINATIONS.— from the flex account. (A) INITIAL DETERMINATIONS.— ducted independently through grants and (3) FUNDS RESULTING FROM REDUCED ALLOT- (i) DETERMINATION.—Not later than 30 days contracts awarded on a competitive basis. MENTS.—The Secretaries may use an amount (2) CONTENTS.—Such evaluation and assess- after receipt of the State plan submitted retained as a result of a reduction in an al- ll ment shall include descriptions of— under section 104, the Secretaries shall— lotment made under paragraph (2)(A)(ii) to (I) compare the proposed State bench- (A) the extent to which State, local, and award an incentive grant under subsection marks identified in the State plan with tribal entities have developed, implemented, (a). or improved the statewide system; State benchmarks proposed in other State ll plans; and SEC. 133. NATIONAL EMERGENCY GRANTS. (B) the degree to which the expenditures at (a) IN GENERAL.—From the amounts re- (II) determine if the proposed State bench- the Federal, State, local, and tribal levels served under section ll151(b)(5), the Sec- marks, taken as a whole, are sufficient to address improvement in employment and retary of Labor, in accordance with the make the State eligible to qualify for an in- training activities, at-risk youth activities, interagency agreement developed pursuant centive grant under this subsection, if the vocational education activities, and adult to section ll131, is authorized to award na- State meets the requirements of subpara- education and literacy activities, including tional emergency grants, in a timely man- graphs (A) and (C) of paragraph (1). the impact of funds provided under this title ner— (ii) NOTIFICATION, REVISION, AND TECHNICAL on the delivery of such activities; (1) to an entity described in subsection (b) ASSISTANCE.—If the Secretaries determine (C) the extent to which vocational edu- to provide employment and training assist- that a State is not eligible to qualify for an cation activities and at-risk youth activities ance to workers affected by major economic incentive grant pursuant to clause (i)(II), the succeed in preparing individuals participat- dislocations, such as plant closures, mass Secretaries shall provide, upon request, tech- ing in such activities for entry into post- layoffs, or closures and realignments of mili- nical assistance to the State regarding the secondary education, further learning, or tary installations; and necessary action to be taken to make the high-skill, high-wage careers; (2) to provide assistance to the Governor of State eligible to qualify for such grant under (D) the effect of benchmarks, performance any State within the boundaries of which is this subsection. Such State shall have 30 measures, and other measures of account- an area that has suffered an emergency or a days after the date on which the State re- ability on the delivery of employment and major disaster as defined in paragraphs (1) ceives notification of ineligibility or the training activities, at-risk youth activities, and (2), respectively, of section 102 of The date on which the State receives technical vocational education activities, and adult Robert T. Stafford Disaster Relief and Emer- assistance, whichever is later, to revise the education and literacy activities, including gency Assistance Act (42 U.S.C. 5122(1) and State benchmarks in order to become eligi- family literacy services; (2)) (referred to in this section as the ‘‘disas- ble to qualify for an incentive grant under (E) the extent to which employment and ter area’’). this subsection, if the State meets the retraining activities enhance the employment (b) EMPLOYMENT AND TRAINING ASSISTANCE and earnings of participants in such activi- quirements of subparagraphs (A) and (C) of REQUIREMENTS.— ties, reduce income support costs, improve paragraph (1). (1) APPLICATION.—To be eligible to receive the employment competencies of such par- (B) GRANT DETERMINATIONS.—Not later a grant under subsection (a)(1), an entity ticipants, and increase the level of employ- than 30 days after receipt of an annual report shall submit an application to the Secretary ll ment of program participants over the level submitted under section 106(c) that con- of Labor at such time, in such manner, and of employment that would have existed in tains an application for such an incentive accompanied by such information, as the the absence of such activities, which may be grant from a State that meets the require- Secretary may reasonably require. evaluated using experimental and control ments of paragraph (1), the Secretaries (2) ELIGIBLE ENTITY.—For purposes of this groups chosen by scientific random assign- shall— section, the term ‘‘entity’’ means a State, ment; and (i) compare the progress the State has unit of general local government, or public (F) the extent to which the adult education made toward reaching or exceeding the State or private local entity, including a for profit and literacy activities, including family lit- benchmarks, as described in such annual re- or nonprofit entity. eracy services, increase the literacy skills of port, with the progress made by the other (c) DISASTER RELIEF EMPLOYMENT ASSIST- States towards reaching or exceeding their ANCE REQUIREMENTS.—Funds made available adults, and of children in the case of family State benchmarks, as described in such an- under subsection (a)(2)— literacy services, lead the participants in nual reports of the other States; and (1) shall be used exclusively to provide em- such activities to involvement in further (ii) determine if the progress the State has ployment on projects that provide food, education and training, enhance the employ- made toward reaching or exceeding the State clothing, shelter, and other humanitarian as- ment and earnings of such participants, and, benchmarks, taken as a whole, is sufficient sistance for disaster victims, and projects re- if applicable, lead to other positive outcomes to enable the State to receive an incentive garding demolition, cleaning, repair, renova- such as reductions in recidivism in the case grant under this subsection. tion, and reconstruction of damaged and de- of prison-based adult education and literacy (3) USE OF FUNDS.—A State that receives an stroyed structures, facilities, and lands lo- activities. incentive grant may use funds made avail- cated within the disaster area; and (3) AUTHORIZATION.—There are authorized able through the grant only to carry out (2) may be expended through public and to be appropriated $15,000,000 for fiscal year workforce and career development activities. private agencies and organizations engaged 1998 and such sums as may be necessary for Determinations concerning the distribution in such projects. each of the fiscal years 1999 through 2002 to of such funds shall be made by the individ- SEC. ll134. EVALUATION; RESEARCH, DEM- carry out this subsection. uals and entities participating in the col- ONSTRATIONS, DISSEMINATION, AND (c) RESEARCH.— laborative process described in subsection (a) TECHNICAL ASSISTANCE. (1) IN GENERAL.—The Secretaries, pursuant or (b) of section ll105. (a) SINGLE PLAN.— to the interagency agreement, shall award S10450 CONGRESSIONAL RECORD — SENATE September 12, 1996 grants, on a competitive basis, to an institu- video, teleconferencing, computers, or the tion, an entity described in subsection (b) tion of higher education, a public or private Internet; and shall submit to the Secretaries a plan that organization or agency, or a consortium of (II) to deliver continuing education, skills describes a 3-year strategy for meeting the such institutions, organizations, or agencies upgrading and retraining services, and post- needs of migrant farmworkers or seasonal to establish a national research center or secondary education, directly to the commu- farmworkers, and the dependents of such centers— nity or to individuals who would not other- farmworkers, in the area to be served by (A) to carry out research for the purpose of wise have access to such education and serv- such entity. developing, improving, and identifying the ices; and (2) CONTENTS.—Such plan shall— most successful methods and techniques for (iii) conducted through partnerships with (A) identify the education and employment addressing the education, employment, and national organizations which have special needs of the population to be served and the training needs of adults; expertise in developing, organizing, and ad- manner in which the services to be provided (B) to carry out research for the purpose of ministering employment and training serv- will strengthen the ability of the individuals developing, improving, and identifying the ices for individuals with disabilities at the served to obtain or be retained in most successful methods for successfully ad- national, State, and local levels. unsubsidized employment; dressing the education, employment, and (2) CLEARINGHOUSE.—The Secretaries shall (B) describe the services to be provided and training needs of at-risk youth; maintain a clearinghouse, through the na- the manner in which such services are to be (C) to carry out research to increase the ef- tional center or centers, that will collect and integrated with other appropriate services; fectiveness and improve the implementation disseminate to Federal, State, and local or- and of vocational education activities, including ganizations, agencies, and service providers (C) describe the goals and benchmarks to conducting research and development, and data and information, including information be used to assess the performance of such en- providing technical assistance, with respect on best practices, about the condition of tity in carrying out the activities assisted to— statewide systems and employment and under this section. (i) combining academic, vocational edu- training activities, at-risk youth activities, (d) AUTHORIZED ACTIVITIES.—Funds made cation, and worksite learning; vocational education activities, and adult available under this section shall be used to (ii) identifying ways to establish effective education and literacy activities. carry out comprehensive workforce and ca- linkages among employment and training (3) TECHNICAL ASSISTANCE.—The Secretar- reer development activities and related serv- activities, at-risk youth activities, and voca- ies shall provide technical assistance to ices for migrant farmworkers or seasonal tional education activities, at the State and States and local areas to enhance the capac- farmworkers which may include employ- local levels; and ity of such States and local areas to develop ment, training, educational assistance, lit- (iii) conducting studies providing longitu- and deliver effective activities under this eracy assistance, an English literacy pro- dinal information or formative evaluation title. gram, worker safety training, housing, sup- with respect to vocational education activi- (4) AUTHORIZATION.—There are authorized portive services, and the continuation of the ties; to be appropriated $30,000,000 for fiscal year case management database on participating (D) to carry out research to increase the 1998 and such sums as may be necessary for migrant farmworkers or seasonal farm- effectiveness of and improve the quality of each of fiscal years 1999 through 2002 to carry workers. (e) CONSULTATION WITH GOVERNORS AND adult education and literacy activities, in- out this subsection. (e) TRANSITION PERIOD.—Notwithstanding LOCAL BOARDS.—In making grants and enter- cluding family literacy services; any other provision of law, the Secretaries ing into contracts under this section, the (E) to provide technical assistance to State may use funds made available under section Secretaries shall consult with the Governors and local recipients of assistance under this 404 of the Carl D. Perkins Vocational and Ap- and local boards of the States in which the title in developing and using benchmarks plied Technology Education Act (20 U.S.C. eligible entities will carry out the activities and performance measures for improvement 2404) to prepare, during the period beginning described in subsection (d). of workforce and career development activi- on January 1, 1998, and ending June 30, 1998, (f) REGULATIONS.—The Secretaries shall ties; and to award a grant under subsection (c) on consult with migrant and seasonal farm- (F) to carry out such other activities as July 1, 1998. worker groups and States in establishing the Secretaries determine to be appropriate (f) DEFINITION.—As used in this section, the regulations to carry out this section, includ- to achieve the purposes of this title. term ‘‘institution of higher education’’ has ing performance standards for eligible enti- (2) SUMMARY.—The Secretaries shall pro- the meaning given the term in section 1201(a) ties which take into account the economic vide an annual report summarizing the eval- of the Higher Education Act of 1965 (20 U.S.C. circumstances of migrant farmworkers and uations and assessments described in sub- 1141(a)). seasonal farmworkers. section (b), and the research conducted pur- (g) CONFORMING AMENDMENTS.—Section (g) DEFINITIONS.—As used in this section: suant to this subsection, and the findings of 404(a)(2) of the Carl D. Perkins Vocational (1) MIGRANT FARMWORKER.—The term ‘‘mi- such evaluations and assessments, and re- and Applied Technology Education Act (20 grant farmworker’’ means a seasonal farm- search, to the Committee on Economic and U.S.C. 2404(a)(2)) is amended— worker whose farm work requires travel such Educational Opportunities of the House of (1) in subparagraph (A), by striking ‘‘for a that the worker is unable to return to a per- Representatives and the Committee on period of 5 years’’ and inserting ‘‘until June manent place of residence within the same Labor and Human Resources of the Senate. 30, 1998’’; and day. (3) AUTHORIZATION.—There are authorized (2) in the first sentence of subparagraph (2) SEASONAL FARMWORKER.—The term to be appropriated $15,000,000 for fiscal year (B), by striking ‘‘5’’. ‘‘seasonal farmworker’’ means a person who 1998 and such sums as may be necessary for (h) EFFECTIVE DATE.— during the eligibility determination period each of the fiscal years 1999 through 2002 to (1) IN GENERAL.—Except as provided in (12 consecutive months out of 24 months carry out this subsection. paragraphs (2) and (3), this section shall take prior to application) has been primarily em- effect on July 1, 1998. (d) DEMONSTRATIONS, DISSEMINATION, AND ployed in farm work that is characterized by (2) TRANSITION PROVISIONS.—Subsection (e) TECHNICAL ASSISTANCE.— chronic unemployment or under employ- shall take effect on January 1, 1998. (1) AUTHORITY.— ment. (3) AMENDMENTS.—The amendments made (A) PROGRAMS AND ASSISTANCE AUTHOR- SEC. ll136. NATIVE AMERICAN PROGRAM. by subsection (g) shall take effect on the IZED.—The Secretaries, pursuant to the (a) PURPOSE AND POLICY.— date of enactment of this Act. interagency agreement, are authorized to (1) PURPOSE.—The purpose of this section carry out demonstration programs, to rep- SEC. ll135. MIGRANT AND SEASONAL FARM- is to support workforce and career develop- licate model programs, to disseminate best WORKER PROGRAM. ment activities for Indian and Native Hawai- (a) IN GENERAL.—From amounts reserved practices information, and to provide tech- ian individuals in order— under section ll151(b)(2), the Secretaries nical assistance, for the purposes of develop- (A) to develop more fully the academic, oc- shall make grants to, or enter into contracts ing, improving, and identifying the most suc- cupational, and literacy skills of such indi- with, eligible entities to carry out the activi- cessful methods and techniques for providing viduals; ties described in subsection (d). the activities assisted under this title. (b) ELIGIBLE ENTITIES.—To be eligible to (B) to make such individuals more com- (B) ACTIVITIES.—Such activities may be receive a grant or enter into a contract petitive in the workforce; and carried out directly or through grants, con- under this section, an entity shall have an (C) to promote the economic and social de- tracts, cooperative agreements, or through understanding of the problems of migrant velopment of Indian and Native Hawaiian the national center or centers, and may in- farmworkers or seasonal farmworkers, a fa- communities in accordance with the goals clude projects— miliarity with the area to be served, and the and values of such communities. (i) conducted jointly with the Department ability to demonstrate a capacity to admin- (2) INDIAN POLICY.—All programs assisted of Defense to develop training programs uti- ister effectively a diversified program of under this section shall be administered in a lizing computer-based and other innovative workforce and career development activities manner consistent with the principles of the learning technologies; for migrant farmworkers or seasonal farm- Indian Self-Determination and Education (ii) which promote the use of distance workers, respectively. Assistance Act (25 U.S.C. 450 et seq.) and the learning— (c) PROGRAM PLAN.— government-to-government relationship be- (I) to enable students to take courses (1) IN GENERAL.—To be eligible to receive a tween the Federal Government and Indian through the use of media technology, such as grant or enter into a contract under this sec- tribal governments. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10451

(b) DEFINITIONS.—As used in this section: made or contract entered into under para- any activity offered by a State or local en- (1) ALASKA NATIVE.—The term ‘‘Alaska Na- graph (1) may use the funds to provide assist- tity under this title; or tive’’ means a Native as such term is defined ance to a secondary school operated or sup- (2) to preclude or discourage any agree- in section 3(b) of the Alaska Native Claims ported by the Bureau of Indian Affairs to en- ment, between any entity described in sub- Settlement Act (43 U.S.C. 1602(b)). able such school to carry out vocational edu- section (c) and any State or local entity, to (2) INDIAN, INDIAN TRIBE, AND TRIBAL ORGA- cation activities. facilitate the provision of services by such NIZATION.—The terms ‘‘Indian’’, ‘‘Indian (d) AUTHORIZED ACTIVITIES.— entity or to the population served by such tribe’’, and ‘‘tribal organization’’ have the (1) IN GENERAL.—Funds made available entity. meanings given such terms in subsections under this section shall be used to carry out (h) ADMINISTRATIVE PROVISIONS.— (d), (e), and (l), respectively, of section 4 of the activities described in paragraphs (2) and (1) ORGANIZATIONAL UNIT ESTABLISHED.— the Indian Self-Determination and Edu- (3) that— The Secretaries shall designate a single or- cation Assistance Act (25 U.S.C. 450b). (A) are consistent with this section; and ganizational unit that shall have as the (3) INSTITUTION OF HIGHER EDUCATION.—The (B) are necessary to meet the needs of Indi- unit’s primary responsibility the administra- term ‘‘institution of higher education’’ has ans or Native Hawaiians preparing to enter, tion of the activities authorized in this sec- the meaning given such term in section renter, or retain unsubsidized employment. tion. 1201(a) of the Higher Education Act of 1965 (2) WORKFORCE AND CAREER DEVELOPMENT (2) REGULATIONS.—The Secretaries shall (20 U.S.C. 1141(a)). ACTIVITIES AND SUPPLEMENTAL SERVICES.— consult with the entities described in sub- (4) NATIVE HAWAIIAN AND NATIVE HAWAIIAN (A) IN GENERAL.—Funds made available section (c)— ORGANIZATION.—The terms ‘‘Native Hawai- under this section shall be used for— (A) in establishing regulations to carry out ian’’ and ‘‘Native Hawaiian organization’’ (i) comprehensive workforce and career de- this section, including performance stand- have the meanings given such terms in para- velopment activities for Indians or Native ards for entities receiving assistance under graphs (1) and (3), respectively, of section Hawaiians; or this section, that take into account the eco- 9212 of the Native Hawaiian Education Act (ii) supplemental services for Indian or Na- nomic circumstances of such entities; and (B) in developing a funding distribution (20 U.S.C. 7912). tive Hawaiian youth on or near Indian res- plan that takes into consideration previous (5) TRIBALLY CONTROLLED COMMUNITY COL- ervations and in Oklahoma, Alaska, or Ha- levels of funding, and sources of funds not LEGE.—The term ‘‘tribally controlled com- waii. munity college’’ has the meaning given such provided pursuant to this title. (B) SPECIAL RULE.—Notwithstanding any (3) TECHNICAL ASSISTANCE.—The Secretar- term in section 2(a)(4) of the Tribally Con- other provision of this section, individuals ies, through the unit established under para- trolled Community College Assistance Act of who were eligible to participate in programs graph (1), are authorized to provide technical 1978 (25 U.S.C. 1801(a)(4)). under section 401 of the Job Training Part- (6) TRIBALLY CONTROLLED POSTSECONDARY assistance to entities described in subsection nership Act (29 U.S.C. 1671) (as such section VOCATIONAL INSTITUTION.—The term ‘‘tribally (c) that receive assistance under this section was in effect on the day before the date of controlled postsecondary vocational institu- to enable such entities to improve the enactment of this Act) shall be eligible to tion’’ means an institution of higher edu- workforce and career development activities participate in an activity assisted under sub- cation that— provided by such entities. paragraph (A)(i). (A) is formally controlled, or has been for- SEC. ll137. GRANTS TO OUTLYING AREAS. (3) VOCATIONAL EDUCATION ACTIVITIES AND mally sanctioned or chartered, by the gov- (a) APPLICABILITY OF TITLE TO OUTLYING ADULT EDUCATION AND LITERACY ACTIVITIES.— erning body of an Indian tribe or Indian AREAS.—The provisions of this title (other Funds made available under this section tribes; than this section) shall apply to each outly- shall be used for— (B) offers a technical degree or certificate ing area to the extent practicable in the (A) vocational education activities and granting program; same manner and to the same extent as the (C) is governed by a board of directors or adult education and literacy activities con- provisions apply to a State. trustees, a majority of whom are Indians; ducted by entities described in subsection (b) ALLOTMENT.— (D) demonstrates adherence to stated (c); or (1) IN GENERAL.—For each program year goals, a philosophy, or a plan of operation, (B) the support of tribally controlled post- the Secretaries shall allot funds in accord- that fosters individual Indian economic and secondary vocational institutions in order to ance with paragraph (2) for each outlying self-sufficiency opportunity, including pro- ensure continuing and expanded educational area that meets the applicable requirements grams that are appropriate to stated tribal opportunities for Indian students. of this title to enable the outlying area to goals of developing individual entrepreneur- (e) PROGRAM PLAN.—In order to receive a carry out workforce and career development ships and self-sustaining economic infra- grant or enter into a contract or cooperative activities. structures on reservations; agreement under this section an entity de- (2) POPULATION DATA.—Except as provided (E) has been in operation for at least 3 scribed in subsection (c) shall submit to the in subsection (c), from the amount reserved years; Secretaries a plan that describes a 3-year under section ll151(b)(4), the Secretaries (F) holds accreditation with or is a can- strategy for meeting the needs of Indian or shall allot for each outlying area an amount didate for accreditation by a nationally rec- Native Hawaiian individuals, as appropriate, that bears the same relationship to such ognized accrediting authority for post- in the area served by such entity. Such funds as the total number of individuals who secondary vocational education; and plan— are not less than age 15 but not more than (G) enrolls the full-time equivalent of not (1) shall be consistent with the purposes of age 65 (as determined by the Secretaries fewer than 100 students, of whom a majority this section; using the most recent census data prior to are Indians. (2) shall identify the population to be the program year for which the allotment is (c) PROGRAM AUTHORIZED.— served; made) in the outlying area bears to the total (1) IN GENERAL.—From amounts reserved (3) shall identify the education and em- number of such individuals in all outlying under section ll151(b)(3), the Secretaries ployment needs of the population to be areas. shall make grants to, or enter into contracts served and the manner in which the services (c) GRANT AWARDS.— or cooperative agreements with, Indian to be provided will strengthen the ability of (1) UNITED STATES TERRITORIES.—The Sec- tribes, tribal organizations, Alaska Native the individuals served to obtain or retain retaries shall award grants from allotments entities, tribally controlled community col- unsubsidized employment; under subsection (b) to Guam, American leges, tribally controlled postsecondary vo- (4) shall describe the services to be pro- Samoa, the Commonwealth of the Northern cational institutions, Indian-controlled orga- vided and the manner in which such services Mariana Islands, and the United States Vir- nizations serving Indians, or Native Hawai- are to be integrated with other appropriate gin Islands. ian organizations to carry out the authorized services; and (2) LIMITATION FOR FREELY ASSOCIATED activities described in subsection (d). (5) shall describe the goals and benchmarks STATES.— (2) TRANSFER OF AUTHORITY FOR VOCA- to be used to assess the performance of enti- (A) COMPETITIVE GRANTS.—Using funds al- TIONAL EDUCATION ACTIVITIES.—In carrying ties in carrying out the activities assisted lotted for the Republic of the Marshall Is- out paragraph (1), the Secretaries may agree under this section. lands, the Federated States of Micronesia, that the Secretary of Education may provide (f) CONSOLIDATION OF FUNDS.—Each entity and the Republic of Palau under subsection any portion of assistance under paragraph (1) receiving assistance under this section may (b), the Secretaries shall award grants to devoted to vocational education activities, consolidate such assistance with assistance Guam, American Samoa, the Commonwealth including assistance provided to entities de- received from related programs in accord- of the Northern Mariana Islands, the Repub- scribed in paragraph (1) that are not eligible ance with the provisions of the Indian Em- lic of the Marshall Islands, the Federated for funding pursuant to the Tribally Con- ployment, Training and Related Services States of Micronesia, or the Republic of trolled Community College Assistance Act of Demonstration Act of 1992 (25 U.S.C 3401 et Palau to carry out workforce and career de- 1978 (25 U.S.C. 1801 et seq.). seq.). velopment activities. (3) SPECIAL AUTHORITY RELATING TO SECOND- (g) NONDUPLICATIVE AND NONEXCLUSIVE (B) AWARD BASIS.—The Secretaries shall ARY SCHOOLS OPERATED OR SUPPORTED BY THE SERVICES.—Nothing in this section shall be award grants pursuant to subparagraph (A) BUREAU OF INDIAN AFFAIRS.—An Indian tribe, construed— on a competitive basis and pursuant to rec- a tribal organization, or an Alaska Native (1) to limit the eligibility of any entity de- ommendations from the Pacific Region Edu- entity, that receives funds through a grant scribed in subsection (c) to participate in cational Laboratory in Honolulu, Hawaii. S10452 CONGRESSIONAL RECORD — SENATE September 12, 1996

(C) TERMINATION OF ELIGIBILITY.—Notwith- measures, benchmarks, and assessments that (i) literacy organizations and providers of standing any other provision of law, the Re- can be used to improve the quality of adult literacy services, including— public of the Marshall Islands, the Federated education and literacy activities; (I) nonprofit providers of literacy services; States of Micronesia, and the Republic of (G) providing technical assistance, infor- (II) providers of programs and services in- Palau shall not receive any funds under this mation, and other program improvement ac- volving English language instruction; and paragraph for any program year that begins tivities to national, State, and local organi- (III) providers of services receiving assist- after September 30, 2001. zations, such as— ance under this title; (D) ADMINISTRATIVE COSTS.—The Secretar- (i) providing information and training to (ii) businesses that have demonstrated in- ies may provide not more than 5 percent of local boards and one-stop career centers con- terest in literacy programs; the amount made available for grants under cerning how literacy and basic skills services (iii) literacy students; this paragraph to pay the administrative can be incorporated in a coordinated (iv) experts in the area of literacy re- costs of the Pacific Region Educational Lab- workforce development model; search; oratory regarding activities assisted under (ii) improving the capacity of national, (v) State and local governments; and this section. State, and local public and private organiza- (vi) representatives of employees. SEC. ll138. NATIONAL INSTITUTE FOR LIT- tions that provide literacy and basic skills (2) DUTIES.—The Board— ERACY. services, professional development, and tech- (A) shall make recommendations concern- (a) ESTABLISHMENT.— nical assistance, such as the State or re- ing the appointment of the Director and staff (1) IN GENERAL.—There is established the gional adult literacy resource centers re- of the Institute; National Institute for Literacy (in this sec- ferred to in subparagraph (E); and (B) shall provide independent advice on the tion referred to as the ‘‘Institute’’). The In- (iii) establishing a national literacy elec- operation of the Institute; and stitute shall be administered under the tronic database and communications net- (C) shall receive reports from the Inter- terms of an interagency agreement entered work; agency Group and the Director. into by the Secretary of Education with the (H) working with the Interagency Group, (3) FEDERAL ADVISORY COMMITTEE ACT.—Ex- Secretary of Labor and the Secretary of Federal agencies, and the Congress to ensure cept as otherwise provided, the Board estab- Health and Human Services (in this section that such Group, agencies, and the Congress lished by this subsection shall be subject to referred to as the ‘‘Interagency Group’’). The have the best information available on lit- the provisions of the Federal Advisory Com- Interagency Group may include in the Insti- eracy and basic skills programs in formulat- mittee Act (5 U.S.C. App.). tute any research and development center, ing Federal policy with respect to the issues (4) TERMS.— institute, or clearinghouse established with- of literacy, basic skills, and workforce and (A) IN GENERAL.—Each member of the in the Department of Education, the Depart- career development; and Board shall be appointed for a term of 3 ment of Labor, or the Department of Health (I) assisting with the development of pol- years, except that the initial terms for mem- and Human Services whose purpose is deter- icy with respect to literacy and basic skills. bers may be 1, 2, or 3 years in order to estab- mined by the Interagency Group to be relat- (2) GRANTS, CONTRACTS, AND AGREEMENTS.— lish a rotation in which 1⁄3 of the members ed to the purpose of the Institute. The Institute may make grants to, or enter are selected each year. Any such member (2) OFFICES.—The Institute shall have of- into contracts or cooperative agreements may be appointed for not more than 2 con- fices separate from the offices of the Depart- with, individuals, public or private institu- secutive terms. ment of Education, the Department of tions, agencies, organizations, or consortia (B) VACANCY APPOINTMENTS.—Any member Labor, and the Department of Health and of such institutions, agencies, or organiza- appointed to fill a vacancy occurring before Human Services. tions to carry out the activities of the Insti- the expiration of the term for which the (3) BOARD RECOMMENDATIONS.—The Inter- tute. Such grants, contracts, or agreements member’s predecessor was appointed shall be agency Group shall consider the recommendations of the National Institute for shall be subject to the laws and regulations appointed only for the remainder of that Literacy Advisory Board (in this section re- that generally apply to grants, contracts, or term. A member may serve after the expira- ferred to as the ‘‘Board’’) established under agreements entered into by Federal agen- tion of that member’s term until a successor subsection (d) in planning the goals of the cies. has taken office. A vacancy in the Board Institute and in the implementation of any (c) LITERACY LEADERSHIP.— shall be filled in the manner in which the programs to achieve such goals. (1) FELLOWSHIPS.—The Institute, in con- original appointment was made. A vacancy (4) DAILY OPERATIONS.—The daily oper- sultation with the Board, may award fellow- in the Board shall not affect the powers of ations of the Institute shall be carried out by ships, with such stipends and allowances as the Board. the Director of the Institute appointed under the Director considers necessary, to out- (5) QUORUM.—A majority of the members of subsection (g). standing individuals pursuing careers in the Board shall constitute a quorum but a (b) DUTIES.— adult education or literacy in the areas of in- lesser number may hold hearings. Any rec- (1) IN GENERAL.—The Institute shall im- struction, management, research, or innova- ommendation of the Board may be passed prove the quality and accountability of the tion. only by a majority of the Board’s members adult basic skills and literacy delivery sys- (2) USE OF FELLOWSHIPS.—Fellowships present. tem by— awarded under this subsection shall be used, (6) ELECTION OF OFFICERS.—The Chair- (A) providing national leadership for the under the auspices of the Institute, to en- person and Vice Chairperson of the Board improvement and expansion of the system gage in research, education, training, tech- shall be elected by the members of the for delivery of literacy services; nical assistance, or other activities to ad- Board. The term of office of the Chairperson (B) coordinating the delivery of such serv- vance the field of adult education or lit- and Vice Chairperson shall be 2 years. ices across Federal agencies; eracy, including the training of volunteer (7) MEETINGS.—The Board shall meet at the (C) identifying effective models of basic literacy providers at the national, State, or call of the Chairperson or a majority of the skills and literacy education for adults and local level. members of the Board. families that are essential to success in job (3) INTERNS AND VOLUNTEERS.—The Insti- (e) GIFTS, BEQUESTS, AND DEVISES.—The In- training, work, the family, and the commu- tute, in consultation with the Board, may stitute may accept, administer, and use gifts nity; award paid and unpaid internships to indi- or donations of services, money, or property, (D) supporting the creation of new methods viduals seeking to assist the Institute in car- both real and personal. (f) MAILS.—The Board and the Institute of offering improved literacy services; rying out its mission. Notwithstanding section 1342 of title 31, United States Code, the may use the United States mails in the same (E) funding a network of State or regional manner and under the same conditions as Institute may accept and use voluntary and adult literacy resource centers to assist other departments and agencies of the Fed- uncompensated services as the Institute de- State and local public and private nonprofit eral Government. termines necessary. efforts to improve literacy by— (g) DIRECTOR.—The Interagency Group, (i) encouraging the coordination of lit- (d) NATIONAL INSTITUTE FOR LITERACY AD- after considering recommendations made by eracy services; VISORY BOARD.— the Board, shall appoint and fix the pay of a (ii) carrying out evaluations of the effec- (1) ESTABLISHMENT.— Director. tiveness of adult education and literacy ac- (A) IN GENERAL.—There is established a Na- (h) APPLICABILITY OF CERTAIN CIVIL SERV- tivities; tional Institute for Literacy Advisory Board. ICE LAWS.—The Director and staff of the In- (iii) enhancing the capacity of State and The Board shall consist of 10 individuals ap- stitute may be appointed without regard to local organizations to provide literacy serv- pointed by the President, with the advice the provisions of title 5, United States Code, ices; and and consent of the Senate, from individuals governing appointments in the competitive (iv) serving as a reciprocal link between who— service, and may be paid without regard to the Institute and providers of workforce and (i) are not otherwise officers or employees the provisions of chapter 51 and subchapter career development activities for the pur- of the Federal Government; and III of chapter 53 of that title relating to clas- pose of sharing information, data, research, (ii) are representative of entities or groups sification and General Schedule pay rates, expertise, and literacy resources; described in subparagraph (B). except that an individual so appointed may (F) supporting the development of models (B) ENTITIES OR GROUPS DESCRIBED.—The not receive pay in excess of the maximum at the State and local level of accountability entities or groups referred to in subpara- rate payable under section 5376 of title 5, systems that consist of goals, performance graph (A) are— United States Code. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10453

(i) EXPERTS AND CONSULTANTS.—The Board nished under this section can be used to ing needs to carry out activities under this and the Institute may procure temporary identify any individual; or section. and intermittent services under section (iii) permit any individual other than the (2) COOPERATION WITH THE STATES.—The 3109(b) of title 5, United States Code. sworn officers, employees, or agents of any Secretary and the Bureau of Labor Statis- (j) REPORT.—The Institute shall submit a Federal department or agency to examine in- tics, in cooperation with the States, shall de- report biennially to the Committee on Eco- dividual reports through which the informa- velop the plan by holding formal consulta- nomic and Educational Opportunities of the tion is furnished. tions, which shall be held on not less than a House of Representatives and the Committee (B) IMMUNITY FROM LEGAL PROCESS.— semiannual basis, with— on Labor and Human Resources of the Sen- (i) IN GENERAL.—Any information that is (A) State representatives who have exper- ate. Each report submitted under this sub- collected and retained for purposes of this tise in labor market information, selected by section shall include— section shall be immune from the legal proc- the Governors of each State; (1) a comprehensive and detailed descrip- ess and shall not, without the consent of the (B) representatives from each of the ten tion of the Institute’s operations, activities, individual concerned, be admitted as evi- Federal regions of the Department of Labor, financial condition, and accomplishments in dence or used for any purpose in any action, elected by and from among individuals who the field of literacy for the period covered by suit, or other judicial or administrative pro- perform the duties described in subsection the report; ceeding. (d)(2) pursuant to a process agreed upon by (2) a description of how plans for the oper- (ii) RULE OF CONSTRUCTION.—Nothing in the Secretary and the States; and ation of the Institute for the succeeding two this subparagraph shall be construed as pro- (C) employers or representatives of em- fiscal years will facilitate achievement of viding immunity from the legal process for ployers, elected pursuant to a process agreed the goals of the Institute and the goals of information that is independently collected upon by the Secretary and the States. the literacy programs within the Depart- or produced for purposes other than for pur- (d) STATE RESPONSIBILITIES.— ment of Education, the Department of poses of this section. (1) DESIGNATION OF STATE AGENCY.—In YSTEM RESPONSIBILITIES.— Labor, and the Department of Health and (b) S order to receive Federal financial assistance (1) IN GENERAL.—The labor market infor- Human Services; and under this section, the Governor of a State— mation system shall be planned, adminis- (3) any additional minority, or dissenting (A) shall designate a single State agency or tered, overseen, and evaluated through a co- views submitted by members of the Board. entity within the State to be responsible for (k) FUNDING.—Any amounts appropriated operative governance structure involving the the management of the portions of the sys- to the Secretary of Education, the Secretary Federal Government, States, and local enti- tem described in subsection (a) that com- of Labor, or the Secretary of Health and ties. prise a statewide labor market information Human Services for purposes that the Insti- (2) DUTIES.—The Secretary, with respect to system; and tute is authorized to perform under this sec- data collection, analysis, and dissemination (B) may establish a process for the over- tion may be provided to the Institute for of labor market information for the system, such purposes. shall carry out the following duties: sight of such system. (l) AUTHORIZATION OF APPROPRIATIONS.— (A) Assign responsibilities within the De- (2) DUTIES.—In order to receive Federal fi- There are authorized to be appropriated partment of Labor for elements of the sys- nancial assistance under this section, the $10,000,000 for fiscal year 1997 and such sums tem content described in subsection (a) to State agency or entity designated under as may be necessary for each of the fiscal ensure that all statistical and administra- paragraph (1)(A) shall— years 1998 through 2002 to carry out this sec- tive data collected is consistent. (A) consult with employers and local tion. (B) Actively seek the cooperation of other boards, where appropriate, about the labor SEC. ll139. LABOR MARKET INFORMATION. Federal agencies to establish and maintain market relevance of the data to be collected (a) SYSTEM CONTENT.— mechanisms for ensuring complementarity and disseminated through the statewide (1) IN GENERAL.—The Secretary of Labor, in and nonduplication in the development and labor market information system; accordance with the provisions of this sec- operation of statistical and administrative (B) maintain and continuously improve the tion, shall oversee the maintenance and con- data collection activities. portions of the system described in sub- tinuous improvement of the system of labor (C) Eliminate gaps and duplication in sta- section (a) that comprise a statewide labor market information that includes— tistical undertakings, with the market information system in accordance (A) statistical programs of data collection, systemization of wage surveys as an early with this section; compilation, estimation, and publication priority. (C) ensure the performance of contract and conducted in cooperation with the Bureau of (D) In collaboration with the States and grant responsibilities for data collection, Labor Statistics; the Bureau of Labor Statistics, develop and analysis, and dissemination for such system; (B) State and local employment informa- maintain the necessary elements of the sys- (D) conduct such other data collection, tion, including other appropriate statistical tem described in subsection (a), including analysis, and dissemination activities as will data related to labor market dynamics (com- the development of consistent definitions for ensure an effective statewide labor market piled by and for States and localities with use by the States in collecting the data and information system; and technical assistance provided by the Sec- information described in subparagraphs (A) (E) participate in the development of the retary) that will— and (B) of subsection (a)(1) and the develop- annual plan described in subsection (c). (i) assist individuals to make informed ment of the annual plan under subsection (c). (3) RULE OF CONSTRUCTION.—Nothing in this choices relating to employment and train- (c) ANNUAL PLAN.— section shall be construed as limiting the ing; and (1) IN GENERAL.—The Secretary, in collabo- ability of a State agency or entity to con- (ii) assist employers to locate and train in- ration with the States and the Bureau of duct additional data collection, analysis, and dividuals who are seeking employment and Labor Statistics, and with the assistance of dissemination activities with State funds or training; other appropriate Federal agencies, shall with Federal funds from sources other than (C) technical standards for data and infor- prepare an annual plan that shall describe this section. mation described in subparagraphs (A) and the cooperative Federal-State governance (e) AUTHORIZATION OF APPROPRIATIONS.— (B) that, at a minimum, meet the criteria of structure for the labor market information There are authorized to be appropriated to chapter 35 of title 44, United States Code; system. The plan shall— carry out this section $65,000,000 for fiscal (D) analysis of data and information de- (A) describe the elements of the system, in- year 1998 and such sums as may be necessary scribed in subparagraphs (A) and (B) for uses cluding consistent definitions, formats, col- for each of the fiscal years 1999 through 2002. such as State and local policymaking; lection methodologies, and other necessary Subtitle E—Transition Provisions (E) wide dissemination of such data, infor- system elements, for use in collecting the ll mation, and analysis, training for users of data and information described in subpara- SEC. 141. WAIVERS. the data, information, and analysis, and vol- graphs (A) and (B) of subsection (a)(1); (a) WAIVER AUTHORITY.— untary technical standards for dissemination (B) describe how the system will ensure (1) IN GENERAL.—Notwithstanding any mechanisms; and that— other provision of Federal law, and except as (F) programs of— (i) such data are timely; provided in subsection (d), the Secretary (i) research and demonstration; and (ii) administrative records are consistent may waive any requirement under any provi- (ii) technical assistance for States and lo- in order to facilitate aggregation of such sion of law relating to a covered activity, or calities. data; of any regulation issued under such a provi- (2) INFORMATION TO BE CONFIDENTIAL.— (iii) paperwork and reporting are reduced sion, for— (A) IN GENERAL.—No officer or employee of to a minimum; and (A) a State that requests such a waiver and the Federal Government or agent of the Fed- (iv) States and localities are fully involved submits an application as described in sub- eral Government may— in the maintenance and continuous improve- section (b); or (i) use the information furnished under the ment of the system at the State and local (B) a local entity that requests such a provisions of this section for any purpose levels; waiver and complies with the requirements other than the statistical purposes for which (C) evaluate the performance of the system of subsection (c); such information is furnished; and recommend needed improvements; and in order to assist the State or local entity in (ii) make any publication from which the (D) describe current (as of the date of the planning or developing a statewide system or data contained in the information so fur- submission of the plan) spending and spend- workforce and career development activities S10454 CONGRESSIONAL RECORD — SENATE September 12, 1996 to be carried out through the statewide sys- case in which the State or local entity can SEC. ll143. APPLICATIONS AND PLANS UNDER tem. demonstrate that the individuals who would COVERED ACTS. (2) TERM.—Each waiver approved pursuant have been eligible to participate in such ac- Notwithstanding any other provision of to this section shall be for a period beginning tivity without the waiver will participate in law, no State or local entity shall be re- on the date of the approval and ending on a similar covered activity; or quired to comply with any provision of law June 30, 1998. (4) a required supplementation of funds by relating to a covered activity that would (b) STATE REQUEST FOR WAIVER.— the State or a prohibition against the State otherwise require the entity to submit an ap- (1) IN GENERAL.—A State may submit to supplanting such funds. plication or a plan to a Federal agency during fiscal year 1997 for funding of a covered the Secretary a request for a waiver of 1 or (e) ACTIVITIES.—Subject to subsection (d), activity. In determining whether to provide more requirements referred to in subsection the Secretary may approve a request for a funding to the State or local entity for the (a). The request may include a request for waiver described in subsection (a) that would covered activity, the Secretary of Labor or different waivers with respect to different enable a State or local entity to use the as- the Secretary of Education, as appropriate, areas within the State. sistance that would otherwise have been shall consider the last application or plan, as (2) APPLICATION.—To be eligible to receive used to carry out 2 or more covered activi- a waiver described in subsection (a), a State appropriate, submitted by the entity for ties (if the State or local entity were not shall submit an application to the Secretary funding of the covered activity. using the assistance as described in this sec- at such time, in such manner, and contain- SEC. ll144. INTERIM AUTHORIZATIONS OF AP- tion)— ing such information as the Secretary may PROPRIATIONS. (1) to address the high priority needs of un- require, including information— (a) CARL D. PERKINS VOCATIONAL AND AP- employed persons and at-risk youth in the (A) identifying the requirement to be PLIED TECHNOLOGY EDUCATION ACT.—Section appropriate State or community for waived and the goal that the State (or the 3(a) of the Carl D. Perkins Vocational and workforce and career development activities; local entity applying to the State under sub- Applied Technology Education Act (20 U.S.C. (2) to improve efficiencies in the delivery section (c)) intends to achieve through the 2302(a)) is amended by striking ‘‘for each of of the covered activities; or waiver; the fiscal years’’ and all that follows through (B) identifying, and describing the actions (3) in the case of overlapping or duplicative ‘‘1995’’ and inserting ‘‘for each of fiscal years that the State will take to remove, similar activities— 1992 through 1998’’. State requirements; (A) by combining the covered activities (b) ADULT EDUCATION ACT.—Section 313(a) (C) describing the activities to which the and funding the combined activities; or of the Adult Education Act (20 U.S.C. waiver will apply, including information on (B) by eliminating 1 of the covered activi- 1201b(a)) is amended by striking ‘‘for each of how the activities may be continued, or re- ties and increasing the funding to the re- the fiscal years’’ and all that follows through lated to activities carried out, under the maining covered activity. ‘‘1995’’ and inserting ‘‘for each of fiscal years statewide system of the State; (f) APPROVAL OR DISAPPROVAL.—The Sec- 1993 through 1998’’. (D) describing the number and type of per- retary shall approve or disapprove any re- Subtitle F—General Provisions quest submitted pursuant to subsection (b) sons to be affected by such waiver; and SEC. ll151. AUTHORIZATION OF APPROPRIA- (E) providing evidence of support for the or (c), not later than 60 days after the date TIONS. waiver request by the State agencies or offi- of the submission, and shall issue a decision (a) IN GENERAL.—There are authorized to cials with jurisdiction over the requirement that shall include the reasons for approving be appropriated to carry out this title (ex- to be waived. or disapproving the request. cept sections ll134, ll138, and ll139) (c) LOCAL ENTITY REQUEST FOR WAIVER.— (g) FAILURE TO ACT.—If the Secretary fails such sums as may be necessary for each of (1) IN GENERAL.—A local entity that seeks to approve or disapprove the request within fiscal years 1998 through 2002. a waiver of 1 or more requirements referred the 60-day period described in subsection (f), (b) RESERVATIONS.—Of the amount appro- to in subsection (a) shall submit to the State the request shall be deemed to be approved priated under subsection (a) for a fiscal a request for the waiver and an application on the day after such period ends. If the Sec- year— containing sufficient information to enable retary subsequently determines that the (1) 90 percent shall be reserved for making the State to comply with the requirements waiver relates to a matter described in sub- allotments under section ll102; of subsection (b)(2). The State shall deter- section (d) and issues a decision that in- (2) $70,000,000 shall be reserved for carrying mine whether to submit a request and an ap- cludes the reasons for the determination, the out section ll135; plication for a waiver to the Secretary, as waiver shall be deemed to terminate on the (3) $90,000,000 shall be reserved for carrying provided in subsection (b). date of issuance of the decision. out section ll136; (2) TIME LIMIT.— (h) DEFINITIONS.—As used in this section: (4) $14,000,000 shall be reserved for carrying (A) IN GENERAL.—The State shall make a (1) LOCAL ENTITY.—The term ‘‘local entity’’ out section ll137; and determination concerning whether to submit means— (5) the remainder shall be reserved for car- the request and application for a waiver as (A) a local educational agency responsible rying out sections ll132 and ll133. described in paragraph (1) not later than 30 for carrying out the covered activity at (c) PROGRAM YEAR.— days after the date on which the State re- issue; or (1) IN GENERAL.—Appropriations for any ceives the application from the local entity. (B) the local public or private agency or or- fiscal year for programs and activities car- (B) DIRECT SUBMISSION.— ganization responsible for carrying out the ried out under this title or subtitle C of title (i) IN GENERAL.—If the State does not make covered activity at issue. II shall be available for obligation only on a determination to submit or does not sub- (2) SECRETARY.—The term ‘‘Secretary’’ the basis of a program year. The program mit the request and application within the means— year shall begin on July 1 in the fiscal year 30-day time period specified in subparagraph (A) the Secretary of Labor, with respect to for which the appropriation is made. (A), the local entity may submit the request any act relating to a covered activity carried (2) ADMINISTRATION.—Funds obligated for and application to the Secretary. out by the Secretary of Labor; any program year for employment and train- (ii) REQUIREMENTS.—In submitting such a (B) the Secretary of Education, with re- ing activities and at-risk youth activities request, the local entity shall obtain the spect to any act relating to a covered activ- may be expended by each recipient during agreement of the State involved to comply ity carried out by the Secretary of Edu- the program year and the 2 succeeding pro- with the requirements of this section that cation; and gram years. would otherwise apply to a State submitting (C) the Secretary of Labor and the Sec- SEC. ll152. LOCAL EXPENDITURES CONTRARY a request for a waiver. In reviewing an appli- retary of Education, acting jointly, with re- TO TITLE. cation submitted under this section by a spect to a covered activity under the School- (a) REPAYMENT BY STATE.—Except as pro- ll local entity, the Secretary shall comply with to-Work Opportunities Act of 1994 (20 U.S.C. vided in sections 107(c)(4) and ll the requirements of this section that would 6101 et seq.). 126(b)(2)(B), if the Secretaries require a otherwise apply to the Secretary with re- (3) STATE.—The term ‘‘State’’ means— State to repay funds as a result of a deter- spect to review of such an application sub- (A) an eligible agency responsible for car- mination that an eligible provider of em- mitted by a State. rying out the covered activity at issue; or ployment and training activities or at-risk (d) WAIVERS NOT AUTHORIZED.—The Sec- (B) the Governor, with respect to any act youth activities in a local workforce devel- retary may not waive any requirement of by another State entity responsible for car- opment area of the State has expended funds any provision referred to in subsection (a), or rying out the covered activity at issue. made available under this title in a manner of any regulation issued under such provi- contrary to the objectives of this title, and ll sion, relating to— SEC. 142. TECHNICAL ASSISTANCE. such expenditure does not constitute fraud, (1) the allocation of funds to States, local Beginning on the date of the enactment of embezzlement, or other criminal activity, entities, or individuals; this Act, the Secretaries shall provide tech- the Governor of the State may use an (2) public health or safety, civil rights, oc- nical assistance to States that request such amount deducted under subsection (b) to cupational safety and health, environmental assistance in— repay the funds. protection, displacement of employees, or (1) preparing the State plan required under (b) DEDUCTION BY STATE.—The Governor fraud and abuse; section ll104; or may deduct an amount equal to the expendi- (3) the eligibility of an individual for par- (2) developing the State benchmarks re- ture described in subsection (a) from a subse- ticipation in a covered activity, except in a quired under section ll106(b). quent program year allocation to the local September 12, 1996 CONGRESSIONAL RECORD — SENATE S10455 workforce development area from funds SEC. ll204. APPROPRIATIONS. SEC. ll213. DEFINITIONS. available for local administration for em- Section 5(c) of the Wagner-Peyser Act (29 Section 7 (29 U.S.C. 706) is amended by add- ployment and training activities or at-risk U.S.C. 49d(c)) is amended by striking para- ing at the end the following new paragraphs: youth activities, as appropriate. graph (3). ‘‘(36) The term ‘statewide system’ means a SEC. ll153. EFFECTIVE DATES. SEC. ll205. DISPOSITION OF ALLOTTED FUNDS. statewide system, as defined in section (a) IN GENERAL.—Except as otherwise pro- Section 7 of the Wagner-Peyser Act (29 ll004 of the Workforce and Career Develop- vided in section ll134 and subsection (b), U.S.C. 49f) is amended— ment Act of 1996. this title shall take effect on July 1, 1998. (1) in subsection (b)(2), by striking ‘‘private ‘‘(37) The term ‘workforce and career devel- (b) ADMINISTRATION AND NATIONAL INSTI- industry council’’ and inserting ‘‘local opment activities’ has the meaning given TUTE FOR LITERACY.—Sections ll131 and workforce development board’’; such term in section ll004 of the Workforce ll138, subtitle E, section ll151, and this (2) in subsection (c)(2), by striking ‘‘any and Career Development Act of 1996.’’. section shall take effect on the date of enact- program under’’ and all that follows and in- SEC. ll214. ADMINISTRATION. ment of this Act. serting ‘‘any workforce and career develop- Section 12(a)(1) (29 U.S.C. 711(a)(1)) is TITLE II—WORKFORCE AND CAREER ment activity carried out under the amended by inserting ‘‘, including providing DEVELOPMENT-RELATED ACTIVITIES Workforce and Career Development Act of assistance to achieve the meaningful and ef- Subtitle A—Amendments to the Wagner- 1996.’’; fective participation by individuals with dis- Peyser Act (3) in subsection (d)— abilities in the activities carried out through (A) by striking ‘‘United States Employ- SEC. ll201. DEFINITIONS. a statewide system’’ before the semicolon. ment Service’’ and inserting ‘‘Secretary’’; Section 2 of the Wagner-Peyser Act (29 SEC. ll215. REPORTS. and U.S.C. 49a) is amended— Section 13 (29 U.S.C. 712) is amended in the (B) by striking ‘‘Job Training Partnership (1) in paragraph (1), by striking ‘‘Job fourth sentence by striking ‘‘The data ele- Act’’ and inserting ‘‘Workforce and Career Training Partnership Act’’ and inserting ments’’ and all that follows through ‘‘age,’’ Development Act of 1996’’; and ‘‘Workforce and Career Development Act of and inserting the following: ‘‘The informa- 1996’’; (4) by adding at the end the following: ‘‘(e) All job search, placement, recruit- tion shall include all information that is re- (2) by striking paragraphs (2) and (4); ment, labor market information, and other quired to be submitted in the report de- (3) by redesignating paragraphs (3) and (5) ll labor exchange services authorized under scribed in section 106(c) of the Workforce as paragraphs (6) and (7), respectively; subsection (a) shall be provided as part of the and Career Development Act of 1996 and that (4) by inserting after paragraph (1) the fol- one-stop career center system established by pertains to the employment of individuals lowing: the State.’’. with disabilities, including information on ‘‘(2) the term ‘local workforce development ll age,’’. area’ has the meaning given such term in SEC. 206. STATE PLANS. Section 8 of the Wagner-Peyser Act (29 SEC. ll216. EVALUATION. section ll004 of the Workforce and Career U.S.C. 49g) is amended— Section 14(a) (29 U.S.C. 713(a)) is amended Development Act of 1996; (1) in subsection (a) to read as follows: in the third sentence by striking ‘‘to the ex- ‘‘(3) the term ‘local workforce development ‘‘(a) Any State desiring to receive assist- tent feasible,’’ and all that follows through board’ means a local workforce development ance under this Act shall submit to the Sec- the end of the sentence and inserting the fol- board established under section ll108 of the retary, as part of the State plan submitted lowing: ‘‘to the maximum extent appro- Workforce and Career Development Act of under section ll104 of the Workforce and priate, be consistent with the State bench- 1996; Career Development Act of 1996, detailed marks established under paragraphs (1) and ‘‘(4) the term ‘one-stop career center sys- plans for carrying out the provisions of this (2) of section ll106(b) of the Workforce and tem’ means a one-stop career center system Act within such State.’’; Career Development Act of 1996. For pur- established under section ll121(d) of the (2) by striking subsections (b), (c), and (e); poses of this section, the Secretary may Workforce and Career Development Act of and modify or supplement such benchmarks to 1996; (3) by redesignating subsection (d) as sub- the extent necessary to address unique con- ‘‘(5) the term ‘public employment office’ section (b). siderations applicable to the participation of means an office that provides employment SEC. ll207. REPEAL OF FEDERAL ADVISORY individuals with disabilities in the voca- services to the general public and is part of COUNCIL. tional rehabilitation program established a one-stop career center system;’’; and Section 11 of the Wagner-Peyser Act (29 under title I and activities carried out under (5) in paragraph (6) (as redesignated in U.S.C. 49j) is hereby repealed. other provisions of this Act.’’. paragraph (3)), by striking the semicolon and SEC. ll208. REGULATIONS. ll inserting ‘‘; and’’. SEC. 217. DECLARATION OF POLICY. Section 12 of the Wagner-Peyser Act (29 Section 100(a) (29 U.S.C. 720(a)) is amend- SEC. ll202. FUNCTIONS. U.S.C. 49k) is amended by striking ‘‘The Di- ed— (a) IN GENERAL.—Section 3(a) of the Wag- rector, with the approval of the Secretary of ner-Peyser Act (29 U.S.C. 49b(a)) is amended (1) in paragraph (1)— Labor,’’ and inserting ‘‘The Secretary’’. (A) in subparagraph (E), by striking ‘‘; to read as follows: ll ‘‘(a) The Secretary of Labor shall— SEC. 209. EFFECTIVE DATE. and’’ and inserting a semicolon; The amendments made by this subtitle ‘‘(1) assist in the coordination and develop- (B) in subparagraph (F)— shall take effect on July 1, 1998. ment of a nationwide system of labor ex- (i) by inserting ‘‘workforce and career de- change services for the general public, pro- Subtitle B—Amendments to the velopment activities and’’ before ‘‘vocational vided as part of the one-stop career center Rehabilitation Act of 1973 rehabilitation services’’; and systems of the States; SEC. ll211. REFERENCES. (ii) by striking the period and inserting ‘‘; ‘‘(2) assist in the development of continu- Except as otherwise expressly provided in and’’; and ous improvement models for such nationwide this subtitle, whenever in this subtitle an (C) by adding at the end the following sub- system that ensure private sector satisfac- amendment or repeal is expressed in terms of paragraph: tion with the system and meet the demands an amendment to, or repeal of, a section or ‘‘(G) linkages between the vocational reha- of jobseekers relating to the system; and other provision, the reference shall be con- bilitation program established under this ‘‘(3) ensure, for individuals otherwise eligi- sidered to be made to a section or other pro- title and other components of the statewide ble to receive unemployment compensation, vision of the Rehabilitation Act of 1973 (29 system are critical to ensure effective and the continuation of any activities in which U.S.C. 701 et seq.). meaningful participation by individuals with the individuals are required to participate to SEC. ll212. FINDINGS AND PURPOSES. disabilities in workforce and career develop- receive the compensation.’’. Section 2 (29 U.S.C. 701) is amended— ment activities.’’; and (b) CONFORMING AMENDMENTS.—Section (1) in subsection (a)(4), by striking ‘‘the (2) in paragraph (2)— 508(b) of the Unemployment Compensation provision of individualized training, inde- (A) by striking ‘‘a comprehensive’’ and in- Amendments of 1976 (42 U.S.C. 603a(b)) is pendent living services, educational and sup- serting ‘‘statewide comprehensive’’; and amended— port services,’’ and inserting ‘‘implementa- (B) by striking ‘‘program of vocational re- (1) by striking ‘‘the third sentence of section of a statewide system that provides habilitation that is designed’’ and inserting tion 3(a)’’ and inserting ‘‘section 3(b)’’; and meaningful and effective participation for ‘‘programs of vocational rehabilitation, each (2) by striking ‘‘49b(a)’’ and inserting individuals with disabilities in workforce of which is— ‘‘49b(b))’’. and career development activities and activi- ‘‘(A) coordinated with a statewide system; SEC. ll203. DESIGNATION OF STATE AGENCIES. ties carried out through the vocational reha- and Section 4 of the Wagner-Peyser Act (29 bilitation program established under title I, ‘‘(B) designed’’. U.S.C. 49c) is amended— and through the provision of independent liv- SEC. ll218. STATE PLANS. (1) by striking ‘‘a State shall, through its ing services, support services,’’; and (a) IN GENERAL.—Section 101(a) (29 U.S.C. legislature,’’ and inserting ‘‘a Governor, in (2) in subsection (b)(1)(A)— 721(a)) is amended— consultation with the State legislature, (A) by striking ‘‘and coordinated’’; and (1) in the first sentence, by striking ‘‘, or shall’’; and (B) by inserting ‘‘that are coordinated with shall submit’’ and all that follows through (2) by striking ‘‘United States Employment statewide systems’’ after ‘‘vocational reha- ‘‘et seq.)’’ and inserting ‘‘, and shall submit Service’’ and inserting ‘‘Secretary’’. bilitation’’. the State plan on the same dates as the S10456 CONGRESSIONAL RECORD — SENATE September 12, 1996 State submits the State plan described in lecting individuals to whom vocational reha- of clause (ii) of subparagraph (A) of para- section ll104 of the Workforce and Career bilitation services will be provided (which graph (7); Development Act of 1996 to the Secretaries order of selection for the provision of voca- (12) in paragraph (20) (as redesignated in (as defined in section ll004 of such Act)’’; tional rehabilitation services shall be deter- paragraph (7)), by striking ‘‘referrals to (2) by inserting after the first sentence the mined on the basis of serving first the indi- other Federal and State programs’’ and in- following: ‘‘The State designated unit shall viduals with the most severe disabilities in serting ‘‘referrals within the statewide sys- also submit the State plan for vocational re- accordance with criteria established by the tem of the State to programs’’; and habilitation services for review and com- State, and shall be consistent with priorities (13) in paragraph (22) (as redesignated in ment to the individuals and entities partici- in such order of selection so determined, and paragraph (7))— pating in the collaborative process described outcome and service goals for serving indi- (A) in subparagraph (B), by striking ‘‘writ- in subsection (a) or (b) of section ll105 of viduals with disabilities, established in regu- ten rehabilitation program’’ and inserting the Workforce and Career Development Act lations prescribed by the Commissioner);’’; ‘‘employment plan’’; and of 1996 and such individuals and entities (B) in subparagraph (B), by striking ‘‘; (B) in subparagraph (C)— shall submit comments on the State plan to and’’ and inserting a semicolon; and (i) in clause (ii), by striking ‘‘; and’’ and in- the State designated unit.’’; (C) by striking subparagraph (C) and inserting a semicolon; (3) in paragraph (15)— serting the following subparagraphs: (ii) in clause (iii), by striking the semi- (A) by striking ‘‘, including—’’ and all that ‘‘(C) with regard to the statewide assess- colon and inserting ‘‘; and’’; and follows through ‘‘(C) review of’’ and inserting ment of rehabilitation needs described in (iii) by adding at the end the following ‘‘, including review of’’; subparagraph (A)(i)— clause: (B) by striking ‘‘paragraph (9)(C)’’ and in- ‘‘(i) provide that the State agency will ‘‘(iv) the manner in which students who serting ‘‘paragraph (9)(D)’’; make reports at such time, in such manner, are individuals with disabilities and who are (C) by striking ‘‘most severe disabilities; and containing such information, as the not in special education programs can access and’’ and inserting ‘‘most severe disabil- Commissioner may require to carry out the and receive vocational rehabilitation serv- ities;’’; and functions of the Commissioner under this ices, where appropriate;’’. (b) CONFORMING AMENDMENTS.— (D) by striking subparagraph (D); title, and comply with such provisions as are (4) by striking paragraphs (10), (27), (28), (1) Section 7(22)(A)(i)(II) (29 U.S.C. necessary to assure the correctness and ver- and (30); 706(22)(A)(i)(II)) is amended by striking ification of such reports; and (5) in paragraph (19)— ‘‘101(a)(5)(A)’’ each place it appears and in- ‘‘(ii) provide that reports made under (A) by striking ‘‘(19)’’ and inserting serting ‘‘101(a)(5)(A)(iv)’’. clause (i) will include information regarding ‘‘(19)(A)’’; and (2) Section 12(d) (29 U.S.C. 711(d)) is amend- individuals with disabilities and, if an order (B) by inserting ‘‘and’’ after the semicolon; ed by striking ‘‘101(a)(5)(A)’’ and inserting of selection described in subparagraph (A)(iv) (6) in paragraph (20), by striking ‘‘(20)’’ and ‘‘101(a)(5)(A)(iv)’’. is in effect in the State, will separately in- inserting ‘‘(B)’’; (3) Section 101(a) (29 U.S.C. 721(a)) is clude information regarding individuals with (7) by redesignating— amended— the most severe disabilities, on— (A) paragraphs (11) through (18) as para- (A) in paragraph (18)(A) (as redesignated in graphs (10) through (17), respectively; ‘‘(I) the number of such individuals who subsection (a)(7)), by striking ‘‘paragraph (B) paragraph (19) (as amended by para- are evaluated and the number rehabilitated; (15)’’ and inserting ‘‘paragraph (14)’’; graphs (5) and (6)) as paragraph (18); ‘‘(II) the costs of administration, counsel- (B) in paragraph (22) (as redesignated in (C) paragraphs (21) through (26) as para- ing, provision of direct services, development subsection (a)(7)), by striking ‘‘paragraph graphs (19) through (24), respectively; of community rehabilitation programs, and (11)(C)(ii)’’ and inserting ‘‘paragraph (10)(C)’’; (D) paragraph (29) as paragraph (25); and other functions carried out under this Act; (C) in paragraph (27) (as redesignated in (E) paragraphs (31) through (36) as para- and subsection (a)(7)), by striking ‘‘paragraph graphs (26) through (31), respectively; ‘‘(III) the utilization by such individuals of (36)’’ and inserting ‘‘paragraph (31)’’; and (8) in paragraph (5)— other programs pursuant to paragraph (10); (D) in subparagraph (C) of paragraph (31) (A) by striking subparagraph (A) and in- and (as redesignated in subsection (a)(7)), by serting the following: ‘‘(D) describe— striking ‘‘101(a)(1)(A)(i)’’ and inserting ‘‘(A) contain the plans, policies, and meth- ‘‘(i) how a broad range of rehabilitation ‘‘paragraph (1)(A)(i)’’. ods to be followed in carrying out the State technology services will be provided at each (4) Section 102 (29 U.S.C. 722) is amended— plan and in the administration and super- stage of the rehabilitation process; (A) in subsection (a)(3), by striking vision of the plan, including— ‘‘(ii) how a broad range of such rehabilita- ‘‘101(a)(24)’’ and inserting ‘‘101(a)(22)’’; and ‘‘(i)(I) the results of a comprehensive, tion technology services will be provided on (B) in subsection (d)(2)(C)(ii)— statewide assessment of the rehabilitation a statewide basis; and (i) in subclause (II), by striking ‘‘101(a)(36)’’ needs of individuals with disabilities (includ- ‘‘(iii) the training that may be provided to and inserting ‘‘101(a)(31)’’; and ing individuals with severe disabilities, indi- vocational rehabilitation counselors, client (ii) in subclause (III), by striking viduals with disabilities who are minorities, assistance personnel, personnel of the eligi- ‘‘101(a)(36)(C)(ii)’’ and inserting and individuals with disabilities who have ble providers of core services described in ‘‘101(a)(31)(C)(ii)’’. been unserved, or underserved, by the voca- subsection (e)(2) of section ll121 of the (5) Section 103(a)(13) (29 U.S.C. 723(a)(13)) is tional rehabilitation system) who are resid- Workforce and Career Development Act of amended by striking ‘‘101(a)(11)’’ and inserting within the State; and 1996 through one-stop career centers de- ing ‘‘101(a)(10)’’. ‘‘(II) the response of the State to the as- scribed in subsection (d) of such section, and (6) Section 105(a)(1) (29 U.S.C. 725(a)(1)) is sessment; other related services personnel;’’; amended by striking ‘‘101(a)(36)’’ and insert- ‘‘(ii) a description of the method to be used (9) in subparagraph (A)(i)(II) of paragraph ing ‘‘101(a)(31)’’. to expand and improve services to individ- (7), by striking ‘‘, based on projections’’ and (7) Section 107(a) (29 U.S.C. 727(a)) is uals with the most severe disabilities, in- all that follows through ‘‘relevant factors’’; amended— cluding individuals served under part C of (10) in paragraph (9)— (A) in paragraph (2)(F), by striking title VI; (A) in subparagraph (B), by striking ‘‘writ- ‘‘101(a)(32)’’ and inserting ‘‘101(a)(27)’’; and ‘‘(iii) with regard to community rehabilita- ten rehabilitation program’’ and inserting (B) in paragraph (4)(C), by striking tion programs— ‘‘employment plan’’; and ‘‘101(a)(35)’’ and inserting ‘‘101(a)(30)’’. ‘‘(I) a description of the method to be used (B) in subparagraph (C), by striking ‘‘plan (8) Section 111(a) (29 U.S.C. 731(a)) is (such as a cooperative agreement) to utilize in accordance with such program’’ and in- amended— the programs to the maximum extent fea- serting ‘‘State plan in accordance with the (A) in paragraph (1)— sible; and employment plan’’; (i) by striking ‘‘101(a)(34)(A)’’ and inserting ‘‘(II) a description of the needs of and utili- (11) in paragraph (10) (as redesignated in ‘‘101(a)(29)(A)’’; and zation of the programs, including the com- paragraph (7))— (ii) by striking ‘‘101(a)(34)(B)’’ and insert- munity rehabilitation programs funded (A) in subparagraph (A), by striking ing ‘‘101(a)(29)(B)’’; and under the Javits-Wagner-O’Day Act (41 ‘‘State’s public’’ and all that follows and in- (B) in paragraph (2)(A), by striking U.S.C. 46 et seq.) and such programs funded serting ‘‘Federal, State, and local programs ‘‘101(a)(17)’’ and inserting ‘‘101(a)(16)’’. by State use contracting programs; and that are not part of the statewide system of (9) Section 124(a)(1)(A) (29 U.S.C. ‘‘(iv) an explanation of the methods by the State;’’; and 744(a)(1)(A)) is amended by striking which the State will provide vocational re- (B) in subparagraph (C)— ‘‘101(a)(34)(B)’’ and inserting ‘‘101(a)(29)(B)’’. habilitation services to all individuals with (i) by striking ‘‘if appropriate—’’ and all (10) Section 315(b)(2) (29 U.S.C. 777e(b)(2)) is disabilities within the State who are eligible that follows through ‘‘entering into’’ and in- amended by striking ‘‘101(a)(22)’’ and insert- for such services, and, in the event that vo- serting ‘‘if appropriate, entering into’’; ing ‘‘101(a)(20)’’. cational rehabilitation services cannot be (ii) by redesignating subclauses (I), (II), (11) Section 102(e)(23)(A) of the Tech- provided to all such eligible individuals with and (III) as clauses (i), (ii), and (iii), respec- nology-Related Assistance for Individuals disabilities who apply for such services, in- tively; and With Disabilities Act of 1988 (29 U.S.C. formation showing and providing the jus- (iii) by indenting the clauses and aligning 2212(e)(23)(A)) is amended by striking ‘‘sec- tification for the order to be followed in se- the margins of the clauses with the margins tion 101(a)(36) of the Rehabilitation Act of September 12, 1996 CONGRESSIONAL RECORD — SENATE S10457 1973 (29 U.S.C. 721(a)(36))’’ and inserting ‘‘sec- (4) Section 107(a)(3)(D) (29 U.S.C. of 1973 (29 U.S.C. 701 et seq.) by the amend- tion 101(a)(31) of the Rehabilitation Act of 727(a)(3)(D)) is amended by striking ‘‘written ments made by this subtitle that relate to 1973 (29 U.S.C. 721(a)(31))’’. rehabilitation programs’’ and inserting ‘‘em- State benchmarks, or other components of a SEC. ll219. INDIVIDUALIZED EMPLOYMENT ployment plans’’. statewide system, shall take effect on July 1, PLANS. (5) Section 101(b)(7)(A)(ii)(II) of the Tech- 1998. (a) IN GENERAL.—Section 102 (29 U.S.C. 722) nology-Related Assistance for Individuals Subtitle C—Job Corps is amended— With Disabilities Act of 1988 (29 U.S.C. ll (1) by striking the section heading and in- 2211(b)(7)(A)(ii)(II)) is amended by striking SEC. 231. DEFINITIONS. serting the following: ‘‘written rehabilitation program’’ and insert- As used in this subtitle: ‘‘SEC. 102. INDIVIDUALIZED EMPLOYMENT ing ‘‘employment plan’’. (1) ENROLLEE.—The term ‘‘enrollee’’ means PLANS.’’; SEC. ll220. STATE REHABILITATION ADVISORY an individual enrolled in the Job Corps. (2) in subsection (a)(6), by striking ‘‘writ- COUNCIL. (2) GOVERNOR.—The term ‘‘Governor’’ ten rehabilitation program’’ and inserting (a) IN GENERAL.—Section 105 (29 U.S.C. 725) means the chief executive officer of a State. ‘‘employment plan’’; is amended— (3) JOB CORPS.—The term ‘‘Job Corps’’ (3) in subsection (b)— (1) in subsection (b)(1)(A)(vi), by inserting means the Job Corps described in section (A) in paragraph (1)(A)— before the semicolon the following: ‘‘who, to ll233. (i) in clause (i), by striking ‘‘written reha- the extent feasible, are individuals involved (4) JOB CORPS CENTER.—The term ‘‘Job bilitation program’’ and inserting ‘‘employ- in the collaborative process described in sec- Corps center’’ means a center described in ment plan’’; and tion ll105 of the Workforce and Career De- section ll233. (ii) in clause (ii), by striking ‘‘program’’ velopment Act of 1996’’; and (5) OPERATOR.—The term ‘‘operator’’ and inserting ‘‘plan’’; (2) in subsection (c)— means an entity selected under this subtitle (B) in paragraph (1)(B)— (A) by redesignating paragraphs (3) to operate a Job Corps center. (i) in the matter preceding clause (i), by through (7) as paragraphs (4) through (8), re- (6) SECRETARY.—The term ‘‘Secretary’’ striking ‘‘written rehabilitation program’’ spectively; means the Secretary of Labor. and inserting ‘‘employment plan’’; (B) by inserting after paragraph (2) the fol- SEC. ll232. PURPOSES. (ii) in clause (iv)— lowing new paragraph: The purposes of this subtitle are— (I) by striking subclause (I) and inserting ‘‘(3) advise the designated State agency (1) to maintain a national Job Corps pro- the following: and the designated State unit regarding gram, carried out in partnership with States ‘‘(I) include a statement of the specific vo- strategies for ensuring that the vocational and communities, to assist at-risk youth cational rehabilitation services to be pro- rehabilitation program established under who need and can benefit from an unusually vided (including, if appropriate, rehabilita- this title is coordinated with the statewide intensive program, operated in a group set- tion technology services and training in how system of the State;’’; and ting, to become more responsible, employ- to use such services) that includes specifica- (C) in paragraph (6) (as redesignated in sub- able, and productive citizens; tion of the public or private entity that will paragraph (A))— (2) to set forth standards and procedures provide each such vocational rehabilitation (i) by striking ‘‘6024), and’’ and inserting for selecting individuals as enrollees in the service and the projected dates for the initi- ‘‘6024),’’; and Job Corps; ation and the anticipated duration of each (ii) by striking the semicolon at the end (3) to authorize the establishment of Job such service; and’’; and inserting the following: ‘‘, and the indi- Corps centers in which enrollees will partici- (II) by striking subclause (II); and viduals and entities involved in the collabo- pate in intensive programs of workforce and (III) by redesignating subclause (III) as rative process described in section ll105 of career development activities; and subclause (II); and the Workforce and Career Development Act (4) to prescribe various other powers, du- (iii) in clause (xi)(I), by striking ‘‘proof 1996;’’. ties, and responsibilities incident to the op- gram’’ and inserting ‘‘plan’’; (b) CONFORMING AMENDMENT.—Subpara- eration and continuing development of the (C) in paragraph (1)(C), by striking ‘‘writ- graph (B)(iv), and clauses (ii)(I) and (iii)(I) of Job Corps. ten rehabilitation program and amendments subparagraph (C), of paragraph (31) (as redes- SEC. ll233. ESTABLISHMENT. to the program’’ and inserting ‘‘employment ignated in section ll218(a)(7)) of section plan and amendments to the plan’’; and 101(a) (29 U.S.C. 721(a)) are amended by strik- There shall be established in the Depart- (D) in paragraph (2)— ing ‘‘105(c)(3)’’ and inserting ‘‘105(c)(4)’’. ment of Labor a Job Corps program, to carry (i) by striking ‘‘program’’ each place the ll out, in conjunction with the activities car- SEC. 221. EVALUATION STANDARDS AND PER- ll term appears and inserting ‘‘plan’’; and FORMANCE INDICATORS. ried out under section 247, activities de- (ii) by striking ‘‘written rehabilitation’’ Section 106(a)(1) (29 U.S.C. 726(a)(1)) is scribed in this subtitle for individuals en- each place the term appears and inserting amended— rolled in the Job Corps and assigned to a cen- ‘‘employment’’; (1) by striking ‘‘(1) IN GENERAL.—The Com- ter. (4) in subsection (c)— missioner shall’’ and inserting the following: SEC. ll234. INDIVIDUALS ELIGIBLE FOR THE (A) in paragraph (1), by striking ‘‘written ‘‘(1) EVALUATION STANDARDS AND PERFORM- JOB CORPS. rehabilitation program’’ and inserting ‘‘em- ANCE INDICATORS.— To be eligible to become an enrollee, an in- ployment plan’’; and ‘‘(A) IN GENERAL.—The Commissioner dividual shall be— (B) by striking ‘‘written program’’ each shall’’; and (1) not less than age 15 and not more than place the term appears and inserting ‘‘plan’’; (2) by adding at the end the following: age 24; and ‘‘(B) MODIFICATION OR SUPPLEMENTATION.— (2) an individual who— (5) in subsection (d)— ‘‘(i) IN GENERAL.—The Commissioner shall (A) receives, or is a member of a family (A) in paragraph (5), by striking ‘‘written modify or supplement such standards and in- that receives, cash welfare payments under a rehabilitation program’’ and inserting ‘‘em- dicators to ensure that, to the maximum ex- Federal, State, or local welfare program; ployment plan’’; and tent appropriate, such standards and indica- (B) had received an income, or is a member (B) in paragraph (6)(A), by striking the sectors are consistent with the State bench- of a family that had received a total family ond sentence. marks established under paragraphs (1) and income, for the 6-month period prior to ap- (b) CONFORMING AMENDMENTS.— (2) of section ll106(b) of the Workforce and plication for the program involved (exclusive (1) The table of contents for the Act is Career Development Act of 1996. of unemployment compensation, child sup- amended by striking the item relating to ‘‘(ii) ADDITIONAL PROVISIONS.—The Com- port payments, and payments described in section 102 and inserting the following: missioner— subparagraph (A)) that, in relation to family ‘‘Sec. 102. Individualized employment ‘‘(I) shall, in modifying or supplementing size, does not exceed the higher of— plans.’’. such standards and indicators, comply with (i) the poverty line (as defined by the Of- (2) Paragraphs (22)(B) and (27)(B), and sub- the requirements under the timetable for es- fice of Management and Budget, and revised paragraphs (B) and (C) of paragraph (34) of tablishing such benchmarks under the annually in accordance with section 673(2) of section 7 (29 U.S.C. 706), section 12(e)(1) (29 Workforce and Career Development Act of the Community Services Block Grant Act (42 U.S.C. 711(e)(1)), section 501(e) (29 U.S.C. 1996; and U.S.C. 9902(2)), for an equivalent period; or 791(e)), subparagraphs (C), (D), and (E) of sec- ‘‘(II) may modify or supplement such (ii) 70 percent of the lower living standard tion 635(b)(6) (29 U.S.C. 795n(b)(6) (C), (D), and standards and indicators, to the extent nec- income level, for an equivalent period; (E)), section 802(g)(8)(B) (29 U.S.C. essary, to address unique considerations ap- (C) is a member of a household that re- 797a(g)(8)(B)), and section 803(c)(2)(D) (29 plicable to individuals with disabilities in ceives (or has been determined within the 6- U.S.C. 797b(c)(2)(D)) are amended by striking the vocational rehabilitation program.’’. month period prior to application for the ‘‘written rehabilitation program’’ each place SEC. ll222. EFFECTIVE DATE. program involved to be eligible to receive) the term appears and inserting ‘‘employment (a) IN GENERAL.—Except as provided in food stamps pursuant to the Food Stamp Act plan’’. subsection (b), the amendments made by this of 1977 (7 U.S.C. 2011 et seq.); (3) Section 7(22)(B)(i) (29 U.S.C. subtitle shall take effect on the date of en- (D) qualifies as a homeless individual, as 706(22)(B)(i)) is amended by striking ‘‘reha- actment of this Act. defined in subsections (a) and (c) of section bilitation program’’ and inserting ‘‘employ- (b) STATEWIDE SYSTEM REQUIREMENTS.— 103 of the Stewart B. McKinney Homeless As- ment plan’’. The changes made in the Rehabilitation Act sistance Act (42 U.S.C. 11302); S10458 CONGRESSIONAL RECORD — SENATE September 12, 1996 (E) is a foster child on behalf of whom (2) the individual manifests a basic under- Conservation Center on a competitive basis, State or local government payments are standing of both the rules to which the indi- as provided in subsection (a), if the center made; or vidual will be subject and of the con- fails to meet such national performance (F) in cases permitted by regulations of the sequences of failure to observe the rules. standards as the Secretary shall establish. Secretary, is an individual with a disability SEC. ll236. ENROLLMENT AND ASSIGNMENT. (d) INDIAN TRIBES.— whose own income meets the requirements of (a) RELATIONSHIP BETWEEN ENROLLMENT (1) GENERAL AUTHORITY.—The Secretary a program described in subparagraph (A) or AND MILITARY OBLIGATIONS.—Enrollment in may enter into agreements with Indian of subparagraph (B), but who is a member of the Job Corps shall not relieve any individ- tribes to operate Job Corps centers for Indi- a family whose income does not meet such ual of obligations under the Military Selec- ans. requirements; and tive Service Act (50 U.S.C. App. 451 et seq.). (2) DEFINITIONS.—As used in this sub- (3) an individual who is 1 or more of the (b) ASSIGNMENT.—After the Secretary has section, the terms ‘‘Indian’’ and ‘‘Indian following: determined that an enrollee is to be assigned tribe’’, have the meanings given such terms (A) Basic skills deficient. to a Job Corps center, the enrollee shall be in subsections (d) and (e), respectively, of (B) A school dropout. assigned to the center that is closest to the section 4 of the Indian Self-Determination (C) Homeless or a runaway. residence of the enrollee, except that the and Education Assistance Act (25 U.S.C. (D) Pregnant or a parent. Secretary may waive this requirement for 450b). good cause, including to ensure an equitable (E) An individual who requires additional SEC. ll238. PROGRAM ACTIVITIES. opportunity for individuals described in sec- education, training, or intensive counseling (a) ACTIVITIES PROVIDED THROUGH JOB tion ll234 from various sections of the and related assistance, in order to secure and CORPS CENTERS.—Each Job Corps center United States to participate in the Job Corps hold employment or participate successfully shall provide enrollees assigned to the center in regular schoolwork. program, to prevent undue delays in assignment of an enrollee, to adequately meet the with access to core services described in sec- ll ll SEC. 235. SCREENING AND SELECTION OF AP- educational or other needs of an enrollee, tion 121(e)(2), and such other employ- PLICANTS. and for efficiency and economy in the oper- ment and training activities and at-risk (a) STANDARDS AND PROCEDURES.— ation of the program. youth activities as may be appropriate to (1) IN GENERAL.—The Secretary shall pre- (c) PERIOD OF ENROLLMENT.—No individual meet the needs of the enrollees. Each Job scribe specific standards and procedures for may be enrolled in the Job Corps for more Corps center shall provide the enrollees with the screening and selection of applicants for than 2 years, except— such activities described in sections ll121 the Job Corps, after considering rec- (1) in a case in which completion of an ad- and ll122 as may be appropriate to meet ommendations from the Governors, local vanced career training program under sec- the needs of the enrollees. The activities pro- boards, and other interested parties. tion ll238(d) would require an individual to vided under this subsection shall provide (2) METHODS.—In prescribing standards and participate for more than 2 years; or work-based learning throughout the enroll- procedures under paragraph (1) for the (2) as the Secretary may authorize in a ment of the enrollees and assist the enrollees screening and selection of Job Corps appli- special case. in obtaining meaningful unsubsidized em- cants, the Secretary shall— SEC. ll237. JOB CORPS CENTERS. ployment, participating successfully in sec- (A) require enrollees to take drug tests (a) OPERATORS AND SERVICE PROVIDERS.— ondary education or postsecondary edu- within 30 days of enrollment in the Job (1) ELIGIBLE ENTITIES.—The Secretary shall cation programs, enrolling in other suitable Corps; enter into an agreement with a Federal, training programs, or satisfying Armed (B) allocate, where necessary, additional State, or local agency, which may be a State Forces requirements, on completion of their resources to increase the applicant pool; board or agency that operates or wishes to enrollment. (C) establish standards for outreach to and develop an area vocational education school (b) ARRANGEMENTS.—The Secretary shall screening of Job Corps applicants; facility or residential vocational school, or arrange for enrollees assigned to Job Corps (D) where appropriate, take measures to with a private organization, for the oper- centers to receive employment and training improve the professional capability of the ination of each Job Corps center. The Sec- activities and at-risk youth activities dividuals conducting such screening; retary shall enter into an agreement with an through or in coordination with the state- (E) require Job Corps applicants to pass appropriate entity to provide services for a wide system, including employment and background checks, conducted in accordance Job Corps center. training activities and at-risk youth activi- with procedures established by the Sec- (2) SELECTION PROCESS.—Except as provided ties provided through local public or private retary; and in subsections (c) and (d), the Secretary shall educational agencies, vocational educational (F) assure that an appropriate number of select an entity to operate a Job Corps cen- institutions, or technical institutes. enrollees are from rural areas. ter on a competitive basis, after reviewing (c) FISCAL AND MANAGEMENT ACCOUNTABIL- (3) IMPLEMENTATION.—To the extent prac- the operating plans described in section ITY INFORMATION SYSTEM.—The Secretary ticable, the standards and procedures shall ll240. In selecting a private or public en- shall establish a fiscal and management ac- be implemented through arrangements tity to serve as an operator for a Job Corps countability information system for Job with— Center, the Secretary shall, at the request of Corps centers, and coordinate the activities (A) eligible providers of core services de- the Governor of the State in which the cen- carried out through the system with activi- ll scribed in section 121(e)(2) through one- ter is located, convene and obtain the rec- ties carried out through the fiscal and man- stop career centers described in section ommendation of a selection panel described agement accountability information systems ll 121(d); in section ll242(b). In selecting an entity to for States described in section ll106(e), if (B) agencies and organizations such as serve as an operator or to provide services such systems are established. community action agencies, professional for a Job Corps center, the Secretary shall (d) ADVANCED CAREER TRAINING PRO- groups, and labor organizations; and take into consideration the previous per- GRAMS.— (C) agencies and individuals that have conformance of the entity, if any, relating to op- (1) IN GENERAL.—The Secretary may ar- tact with youth over substantial periods of erating or providing services for a Job Corps range for programs of advanced career train- time and are able to offer reliable informa- center. ing for selected enrollees in which the enroll- tion about the needs and problems of the (b) CHARACTER AND ACTIVITIES.—Job Corps ees may continue to participate for a period youth. centers may be residential or nonresidential of not to exceed 1 year in addition to the pe- (4) CONSULTATION.—The standards and pro- in character, and shall be designed and oper- riod of participation to which the enrollees cedures shall provide for necessary consulta- ated so as to provide enrollees, in a well-su- would otherwise be limited. tion with individuals and organizations, in- pervised setting, with access to activities de- (2) POSTSECONDARY EDUCATIONAL INSTITU- cluding court, probation, parole, law enforce- scribed in section ll238. In any year, no TIONS.—The advanced career training may be ment, education, welfare, and medical au- more than 20 percent of the individuals en- provided through a postsecondary edu- thorities and advisers. rolled in the Job Corps may be nonresiden- cational institution for an enrollee who has (b) SPECIAL LIMITATIONS.—No individual tial participants in the Job Corps. obtained a secondary school diploma or its shall be selected as an enrollee unless the in- (c) CIVILIAN CONSERVATION CENTERS.— recognized equivalent, has demonstrated dividual or organization implementing the (1) IN GENERAL.—The Job Corps centers commitment and capacity in previous Job standards and procedures determines that— may include Civilian Conservation Centers Corps participation, and has an identified oc- (1) there is a reasonable expectation that operated under agreements with the Sec- cupational goal. the individual considered for selection can retary of Agriculture or the Secretary of the (3) COMPANY-SPONSORED TRAINING PRO- participate successfully in group situations Interior, located primarily in rural areas, GRAMS.—The Secretary may enter into con- and activities, is not likely to engage in be- which shall provide, in addition to other tracts with appropriate entities to provide havior that would prevent other enrollees training and assistance, programs of work the advanced career training through inten- from receiving the benefit of the program or experience to conserve, develop, or manage sive training in company-sponsored training be incompatible with the maintenance of public natural resources or public rec- programs, combined with internships in sound discipline and satisfactory relation- reational areas or to develop community work settings. ships between the Job Corps center to which projects in the public interest. (4) BENEFITS.— the individual might be assigned and sur- (2) SELECTION PROCESS.—The Secretary (A) IN GENERAL.—During the period of par- rounding communities; and may select an entity to operate a Civilian ticipation in an advanced career training September 12, 1996 CONGRESSIONAL RECORD — SENATE S10459 program, an enrollee shall be eligible for full mines that an enrollee has committed a vio- would be of substantial benefit in identifying Job Corps benefits, or a monthly stipend lation of the standards of conduct, the direc- and overcoming problems, in planning pro- equal to the average value of the residential tor shall dismiss the enrollee from the Job gram or center development, or in strength- support, food, allowances, and other benefits Corps if the director determines that the re- ening relationships between the Job Corps provided to enrollees assigned to residential tention of the enrollee in the Job Corps will and agencies, institutions, or groups engaged Job Corps centers. jeopardize the enforcement of such standards in related activities. (B) CALCULATION.—The total amount for or diminish the opportunities of other enroll- SEC. ll245. APPLICATION OF PROVISIONS OF which an enrollee shall be eligible under sub- ees. FEDERAL LAW. paragraph (A) shall be reduced by the (2) ZERO TOLERANCE POLICY.— (a) ENROLLEES NOT CONSIDERED TO BE FED- amount of any scholarship or other edu- (A) GUIDELINES.—The Secretary shall ERAL EMPLOYEES.— cational grant assistance received by such adopt guidelines establishing a zero toler- (1) IN GENERAL.—Except as otherwise pro- enrollee for advanced career training. ance policy for an act of violence, for use, vided in this subsection and in section 8143(a) (5) DEMONSTRATION.—Each year, any opera- sale, or possession of a controlled substance, of title 5, United States Code, enrollees shall tor seeking to enroll additional enrollees in for abuse of alcohol, or for other illegal or not be considered to be Federal employees an advanced career training program shall disruptive activity. and shall not be subject to the provisions of demonstrate that participants in such pro- (B) DEFINITIONS.—As used in this para- law relating to Federal employment, includ- gram have achieved a reasonable rate of graph: ing such provisions regarding hours of work, completion and placement in training-relat- (i) CONTROLLED SUBSTANCE.—The term rates of compensation, leave, unemployment ed jobs before the operator may carry out ‘‘controlled substance’’ has the meaning compensation, and Federal employee bene- such additional enrollment. given the term in section 102 of the Con- fits. SEC. ll239. SUPPORT. trolled Substances Act (21 U.S.C. 802). (2) PROVISIONS RELATING TO TAXES AND SO- The Secretary shall provide enrollees as- (ii) ZERO TOLERANCE POLICY.—The term CIAL SECURITY BENEFITS.—For purposes of the signed to Job Corps centers with such per- ‘‘zero tolerance policy’’ means a policy under Internal Revenue Code of 1986 and title II of sonal allowances, including readjustment al- which an enrollee shall be automatically dis- the Social Security Act (42 U.S.C. 401 et lowances, as the Secretary may determine to missed from the Job Corps after a determina- seq.), enrollees shall be deemed to be em- be necessary or appropriate to meet the tion by the director that the enrollee has ployees of the United States and any service needs of the enrollees. carried out an action described in subpara- performed by an individual as an enrollee SEC. ll240. OPERATING PLAN. graph (A). shall be deemed to be performed in the em- (a) IN GENERAL.—To be eligible to operate (c) APPEAL.—A disciplinary measure taken ploy of the United States. a Job Corps center, an entity shall prepare by a director under this section shall be sub- (3) PROVISIONS RELATING TO COMPENSATION and submit an operating plan to the Sec- ject to expeditious appeal in accordance with TO FEDERAL EMPLOYEES FOR WORK INJURIES.— retary for approval. Prior to submitting the procedures established by the Secretary. For purposes of subchapter I of chapter 81 of plan to the Secretary, the entity shall sub- SEC. ll242. COMMUNITY PARTICIPATION. title 5, United States Code (relating to commit the plan to the Governor of the State in (a) ACTIVITIES.—The Secretary shall en- pensation to Federal employees for work in- which the center is located for review and courage and cooperate in activities to estab- juries), enrollees shall be deemed to be civil comment. The entity shall submit any com- lish a mutually beneficial relationship be- employees of the Government of the United ments prepared by the Governor on the plan tween Job Corps centers in the State and States within the meaning of the term ‘‘em- to the Secretary with the plan. Such plan nearby communities. The activities shall in- ployee’’ as defined in section 8101 of title 5, shall include, at a minimum, information include the use of local boards established in United States Code, and the provisions of dicating— the State to provide a mechanism for joint such subchapter shall apply as specified in (1) in quantifiable terms, the extent to discussion of common problems and for plan- section 8143(a) of title 5, United States Code. which the center will contribute to the ning programs of mutual interest. (4) FEDERAL TORT CLAIMS PROVISIONS.—For achievement of the proposed State goals and (b) SELECTION PANELS.—The Governor may purposes of the Federal tort claims provi- State benchmarks identified in the State recommend individuals to serve on a selec- sions in title 28, United States Code, enroll- plan submitted under section ll104 for the tion panel convened by the Secretary to pro- ees shall be considered to be employees of State in which the center is located; vide recommendations to the Secretary re- the Government. (2) the extent to which the activities de- garding any competitive selection of an op- (b) ADJUSTMENTS AND SETTLEMENTS.— scribed in section ll238 and delivered erator for a center in the State. The panel Whenever the Secretary finds a claim for through the Job Corps center are directly shall have not more than 7 members. In rec- damages to a person or property resulting linked to the workforce and career develop- ommending individuals to serve on the from the operation of the Job Corps to be a ment needs of the region in which the center panel, the Governor may recommend mem- proper charge against the United States, and is located; bers of local boards established in the State, the claim is not cognizable under section (3) an implementation strategy to ensure or other representatives selected by the Gov- 2672 of title 28, United States Code, the Sec- that all enrollees assigned to the Job Corps ernor. The Secretary shall select at least 1 retary may adjust and settle the claim in an center will have access to services through individual recommended by the Governor. amount not exceeding $1,500. the one-stop delivery of core services de- (c) ACTIVITIES.—Each Job Corps center di- (c) PERSONNEL OF THE UNIFORMED SERV- scribed in section ll121(e)(2); and rector shall— ICES.—Personnel of the uniformed services (4) an implementation strategy to ensure (1) give officials of nearby communities ap- who are detailed or assigned to duty in the that the curricula of all such enrollees is in- propriate advance notice of changes in the performance of agreements made by the Sec- tegrated into activities described in section rules, procedures, or activities of the Job retary for the support of the Job Corps shall ll238(a), including work-based learning, Corps center that may affect or be of inter- not be counted in computing strength under work experience, and career-building activi- est to the communities; any law limiting the strength of such serv- ties, and that such enrollees have the oppor- (2) afford the communities a meaningful ices or in computing the percentage author- tunity to obtain secondary school diplomas voice in the affairs of the Job Corps center ized by law for any grade in such services. or their recognized equivalent. that are of direct concern to the commu- SEC. ll246. SPECIAL PROVISIONS. (b) APPROVAL.—The Secretary shall not ap- nities, including policies governing the issu- (a) ENROLLMENT OF WOMEN.—The Secretary prove an operating plan described in sub- ance and terms of passes to enrollees; and shall immediately take steps to achieve an section (a) for a center if the Secretary de- (3) encourage the participation of enrollees enrollment of 50 percent women in the Job termines that the activities proposed to be in programs for improvement of the commu- Corps program, consistent with the need— carried out through the center are not suffi- nities, with appropriate advance consulta- (1) to promote efficiency and economy in ciently integrated with the activities carried tion with business, labor, professional, and the operation of the program; out through the statewide system of the other interested groups, in the communities. (2) to promote sound administrative prac- State in which the center is located. SEC. ll243. COUNSELING AND PLACEMENT. tice; and SEC. ll241. STANDARDS OF CONDUCT. The Secretary shall ensure that enrollees (3) to meet the socioeconomic, educational, (a) PROVISION AND ENFORCEMENT.—The Sec- assigned to Job Corps centers receive aca- and training needs of the population to be retary shall provide, and directors of Job demic and vocational counseling and job served by the program. Corps centers shall stringently enforce, placement services, which shall be provided, (b) STUDIES, EVALUATIONS, PROPOSALS, AND standards of conduct within the centers. to the maximum extent practicable, through DATA.—The Secretary shall assure that all Such standards of conduct shall include pro- the delivery of core services described in sec- studies, evaluations, proposals, and data provisions forbidding the actions described in tion ll121(e)(2). duced or developed with Federal funds in the subsection (b)(2)(A). SEC. ll244. ADVISORY COMMITTEES. course of carrying out the Job Corps pro- (b) DISCIPLINARY MEASURES.— The Secretary is authorized to make use of gram shall become the property of the Unit- (1) IN GENERAL.—To promote the proper advisory committees in connection with the ed States. moral and disciplinary conditions in the Job operation of the Job Corps program, and the (c) GROSS RECEIPTS.—Transactions con- Corps, the directors of Job Corps centers operation of Job Corps centers, whenever the ducted by a private for-profit contractor or a shall take appropriate disciplinary measures Secretary determines that the availability of nonprofit contractor in connection with the against enrollees. If such a director deter- outside advice and counsel on a regular basis operation by the contractor of a Job Corps S10460 CONGRESSIONAL RECORD — SENATE September 12, 1996 center or the provision of services by the year 1996 under such part for facility con- (C) taking any other action that would im- contractor for a Job Corps center shall not struction, rehabilitation, and acquisition ex- prove the operation of a Job Corps center or be considered to be generating gross receipts. penses; any other appropriate action. Such a contractor shall not be liable, di- (E) information on the amount of funds re- (2) CONSIDERATIONS.— rectly or indirectly, to any State or subdivi- quired to be expended under such part to (A) IN GENERAL.—In determining whether sion of a State (nor to any person acting on complete each new or proposed Job Corps to recommend that the Secretary close a Job behalf of such a State or subdivision) for any center, and to rehabilitate and repair each Corps center, the Panel shall consider wheth- gross receipts taxes, business privilege taxes existing Job Corps center, as of the date of er the center— measured by gross receipts, or any similar the submission of the report; (i) has consistently received low perform- taxes imposed on, or measured by, gross re- (F) a summary of the information de- ance measurement ratings under the Depart- ceipts in connection with any payments scribed in subparagraphs (B) through (E) for ment of Labor or the Office of Inspector Gen- made to or by such contractor for operating all Job Corps centers; eral Job Corps rating system; or providing services for a Job Corps center. (G) an assessment of the need to serve indi- (ii) is among the centers that have experi- Such a contractor shall not be liable to any viduals described in section ll234 in the enced the highest number of serious inci- State or subdivision of a State to collect or Job Corps program, including— dents of violence or criminal activity in the pay any sales, excise, use, or similar tax im- (i) a cost-benefit analysis of the residential past 5 years; posed on the sale to or use by such contrac- component of the Job Corps program; (iii) is among the centers that require the tor of any property, service, or other item in (ii) the need for residential education and largest funding for renovation or repair, as connection with the operation of or provi- training services for individuals described in specified in the Department of Labor Job sion of services for a Job Corps center. section ll234, analyzed for each State and Corps Construction/Rehabilitation Funding (d) MANAGEMENT FEE.—The Secretary shall for the United States; and Needs Survey, or for rehabilitation or repair, provide each operator or entity providing (iii) the distribution of training positions as reflected in the portion of the review de- services for a Job Corps center with an equi- in the Job Corps program, as compared to scribed in subsection (a)(3)(E); table and negotiated management fee of not the need for the services described in clause (iv) is among the centers for which the less than 1 percent of the contract amount. (ii), analyzed for each State; highest relative or absolute fiscal year 1996 (e) DONATIONS.—The Secretary may accept (H) an overview of the Job Corps program expenditures were made, for any of the cat- on behalf of the Job Corps or individual Job as a whole and an analysis of individual Job egories of expenditures described in subpara- Corps centers charitable donations of cash or Corps centers, including a 5-year perform- graph (B), (C), or (D) of subsection (a)(3), as other assistance, including equipment and ance measurement summary that includes reflected in the review described in sub- materials, if such donations are available for information, analyzed for the program and section (a); appropriate use for the purposes set forth in for each Job Corps center, on— (v) is among the centers with the least this subtitle. (i) the number of enrollees served; State and local support; or (ii) the number of former enrollees who en- ll (vi) is among the centers with the lowest SEC. 247. REVIEW OF JOB CORPS CENTERS. tered employment, including the number of (a) NATIONAL JOB CORPS REVIEW PANEL.— rating on such additional criteria as the former enrollees placed in a position related Panel may determine to be appropriate. (1) ESTABLISHMENT.—The Secretary shall to the job training received through the pro- (B) COVERAGE OF STATES AND REGIONS.— establish a National Job Corps Review Panel gram and the number placed in a position Notwithstanding subparagraph (A), the (hereafter referred to in this section as the not related to the job training received; Panel shall not recommend that the Sec- ‘‘Panel’’). (iii) the number of former enrollees placed retary close the only Job Corps center in a (2) MEMBERSHIP.—The Panel shall be com- in jobs for 32 hours per week or more; State or a region of the United States. posed of nine individuals selected by the Sec- (iv) the number of former enrollees who en- (C) ALLOWANCE FOR NEW JOB CORPS CEN- retary, of which— tered employment and were retained in the TERS.—Notwithstanding any other provision (A) three individuals shall be members of employment for more than 13 weeks; of this section, if the planning or construc- the national office of the Job Corps; (v) the number of former enrollees who en- tion of a Job Corps center that received Fed- (B) three individuals shall be representa- tered the Armed Forces; eral funding for fiscal year 1994 or 1995 has tives from the private sector who have exper- (vi) the number of former enrollees who tise and a demonstrated record of success in completed vocational training, and the rate not been completed by the date of enactment understanding, analyzing, and motivating of such completion, analyzed by vocation; of this Act— at-risk youth; and (vii) the number of former enrollees who (i) the appropriate entity may complete (C) three individuals shall be members of entered postsecondary education; the planning or construction and begin oper- the Office of the Inspector General of the De- (viii) the number and percentage of early ation of the center; and partment of Labor. dropouts from the Job Corps program; (ii) the Panel shall not evaluate the center (3) DUTIES.—The Panel shall conduct a re- (ix) the average wage of former enrollees, under this section sooner than 3 years after view of the activities carried out under part including wages from positions described in the first date of operation of the center. B of title IV of the Job Training Partnership clause (ii); (3) REPORT.—Not later than August 30, 1997, Act (29 U.S.C. 1691 et seq.), and, not later (x) the number of former enrollees who ob- the Panel shall submit to the Secretary a re- than July 31, 1997, the Panel shall submit to tained a secondary school diploma or its rec- port that contains— the Committee on Economic and Edu- ognized equivalent; (A) the results of the review conducted cational Opportunities of the House of Rep- (xi) the average level of learning gains for under subsection (a) (as contained in the re- resentatives and the Committee on Labor former enrollees; and port submitted under such subsection); and and Human Resources of the Senate a report (xii) the number of former enrollees that (B) the recommendations described in containing the results of the review, includ- did not— paragraph (1). (c) IMPLEMENTATION OF PERFORMANCE IM- ing— (I) enter employment or postsecondary PROVEMENTS.—The Secretary shall, after re- (A) information on the amount of funds ex- education; viewing the report submitted under sub- pended for fiscal year 1996 to carry out ac- (II) complete a vocational education pro- section (b)(3), implement improvements in tivities under such part, for each State and gram; or the operation of the Job Corps program, infor the United States; (III) make identifiable learning gains; cluding closing 10 individual Job Corps cen- (B) for each Job Corps center funded under (I) information regarding the performance ters pursuant to subsection (b). In imple- such part, information on the amount of of all existing Job Corps centers over the 3 menting such improvements, the Secretary funds expended for fiscal year 1996 under years preceding the date of submission of the may close such additional Job Corps centers such part to carry out activities related to report; and as the Secretary determines to be appro- the direct operation of the center, including (J) job placement rates for each Job Corps priate. Funds saved through the implementa- funds expended for student training, out- center and each entity providing services to tion of such improvements shall be used to reach or intake activities, meals and lodg- a Job Corps center. maintain overall Job Corps program service ing, student allowances, medical care, place- (b) RECOMMENDATIONS OF PANEL.— levels, improve facilities at existing Job ment or settlement activities, and adminis- (1) RECOMMENDATIONS.—The Panel shall, Corps centers, relocate Job Corps centers, tration; based on the results of the review described initiate new Job Corps centers with a prior- (C) for each Job Corps center, information in subsection (a), make recommendations to ity on placing Job Corps centers in States on the amount of funds expended for fiscal the Secretary, regarding improvements in without existing Job Corps centers, and year 1996 under such part through contracts the operation of the Job Corps program, in- make other performance improvements in to carry out activities not related to the di- cluding— the Job Corps program. rect operation of the center, including funds (A) closing 5 Job Corps centers by Septem- (d) REPORT TO CONGRESS.—The Secretary expended for student travel, national out- ber 30, 1997, and 5 additional Job Corps cen- shall annually report to Congress the infor- reach, screening, and placement services, na- ters by September 30, 2000; mation specified in subparagraphs (H), (I), tional vocational training, and national and (B) relocating Job Corps centers described and (J) of subsection (a)(3) and such addi- regional administrative costs; in paragraph (2)(A)(iii) in cases in which fa- tional information relating to the Job Corps (D) for each Job Corps center, information cility rehabilitation, renovation, or repair is program as the Secretary may determine to on the amount of funds expended for fiscal not cost-effective; and be appropriate. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10461 SEC. ll248. ADMINISTRATION. with the second individual appointed to the ‘‘(4) to provide linkages among and be- The Secretary shall carry out the respon- position of Director after the date of enact- tween libraries and one-stop career center sibilities specified for the Secretary in this ment of the Workforce and Career Develop- systems; and subtitle, notwithstanding any other provi- ment Act of 1996, every second individual so ‘‘(5) to promote targeted library services to sion of this division. appointed shall be appointed from among in- people of diverse geographic, cultural, and SEC. ll249. AUTHORIZATION OF APPROPRIA- dividuals who have special competence with socioeconomic backgrounds, to individuals TIONS. regard to museum services. with disabilities, and to people with limited There are authorized to be appropriated ‘‘(b) COMPENSATION.—The Director shall be functional literacy or information skills. such sums as may be necessary for each of compensated at the rate provided for level ‘‘SEC. 213. DEFINITIONS. the fiscal years 1998 through 2002 to carry III of the Executive Schedule under section ‘‘As used in this subtitle: out this subtitle. 5314 of title 5, United States Code. ‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ SEC. ll250. EFFECTIVE DATE. ‘‘(c) DUTIES AND POWERS.—The Director means any tribe, band, nation, or other orga- (a) IN GENERAL.—Except as provided in shall perform such duties and exercise such nized group or community, including any subsection (b), this subtitle shall take effect powers as may be prescribed by law, includ- Alaska native village, regional corporation, on July 1, 1998. ing awarding financial assistance for activi- or village corporation, as defined in or estab- (b) REPORT.—Section ll247 shall take ef- ties described in this title. lished pursuant to the Alaska Native Claims fect on the date of enactment of this Act. ‘‘(d) NONDELEGATION.—The Director shall Settlement Act (43 U.S.C. 1601 et seq.), which not delegate any of the functions of the Di- Subtitle D—Amendments to the National is recognized by the Secretary of the Interior rector to any person who is not an officer or Literacy Act of 1991 as eligible for the special programs and serv- employee of the Institute. ll ices provided by the United States to Indians SEC. 261. EXTENSION OF FUNCTIONAL LIT- ‘‘(e) COORDINATION.—The Director shall en- because of their status as Indians. ERACY AND LIFE SKILLS PROGRAM sure coordination of the policies and activi- FOR STATE AND LOCAL PRISONERS. ‘‘(2) LIBRARY.—The term ‘library’ in- ties of the Institute with the policies and ac- cludes— Paragraph (3) of section 601(i) of the Na- tivities of other agencies and offices of the tional Literacy Act of 1991 (20 U.S.C. 1211– ‘‘(A) a public library; Federal Government having interest in and ‘‘(B) a public elementary school or second- 2(i)) is amended— responsibilities for the improvement of mu- (1) by striking ‘‘1994, and’’ and inserting ary school library; seums and libraries and information serv- ‘‘(C) an academic library; ‘‘1994,’’; and ices. (2) by inserting ‘‘, and such sums as may be ‘‘(D) a research library, which for the pur- necessary for each of the fiscal years 1997, ‘‘SEC. 205. DEPUTY DIRECTORS. poses of this subtitle means a library that— 1998, 1999, 2000, 2001, and 2002’’ before the pe- ‘‘The Office of Library Services shall be ‘‘(i) makes publicly available library serv- riod. headed by a Deputy Director, who shall be ices and materials suitable for scholarly re- appointed by the Director from among indi- search and not otherwise available to the TITLE III—MUSEUMS AND LIBRARIES viduals who have a graduate degree in li- public; and SEC. ll301. MUSEUM AND LIBRARY SERVICES. brary science and expertise in library and in- ‘‘(ii) is not an integral part of an institu- The Museum Services Act (20 U.S.C. 961 et formation services. The Office of Museum tion of higher education; and seq.) is amended to read as follows: Services shall be headed by a Deputy Direc- ‘‘(E) a private library, but only if the State ‘‘TITLE II—MUSEUM AND LIBRARY tor, who shall be appointed by the Director in which such private library is located de- SERVICES from among individuals who have expertise termines that the library should be consid- ‘‘Subtitle A—General Provisions in museum services. ered a library for purposes of this subtitle. ‘‘SEC. 206. PERSONNEL. ‘‘(3) LIBRARY CONSORTIUM.—The term ‘li- ‘‘SEC. 201. SHORT TITLE. ‘‘(a) IN GENERAL.—The Director may, in ac- brary consortium’ means any local, state- ‘‘This title may be cited as the ‘Museum cordance with applicable provisions of title wide, regional, interstate, or international and Library Services Act’. 5, United States Code, appoint and determine cooperative association of library entities ‘‘SEC. 202. GENERAL DEFINITIONS. the compensation of such employees as the which provides for the systematic and effec- ‘‘As used in this title: Director determines to be necessary to carry tive coordination of the resources of school, ‘‘(1) COMMISSION.—The term ‘Commission’ out the duties of the Institute. public, academic, and special libraries and means the National Commission on Libraries ‘‘(b) VOLUNTARY SERVICES.—The Director information centers, for improved services and Information Science established under may accept and utilize the voluntary serv- for the clientele of such library entities. section 3 of the National Commission on Li- ices of individuals and reimburse the individ- ‘‘(4) STATE.—The term ‘State’, unless oth- braries and Information Sciences Act (20 uals for travel expenses, including per diem erwise specified, includes each of the 50 U.S.C. 1502). in lieu of subsistence, in the same amounts States of the United States, the District of ‘‘(2) DIRECTOR.—The term ‘Director’ means and to the same extent as authorized under Columbia, the Commonwealth of Puerto the Director of the Institute appointed under section 5703 of title 5, United States Code, for Rico, the United States Virgin Islands, section 204. persons employed intermittently in Federal Guam, American Samoa, the Commonwealth ‘‘(3) INSTITUTE.—The term ‘Institute’ Government service. of the Northern Mariana Islands, the Repub- means the Institute of Museum and Library ‘‘SEC. 207. CONTRIBUTIONS. lic of the Marshall Islands, the Federated Services established under section 203. ‘‘The Institute is authorized to solicit, ac- States of Micronesia, and the Republic of ‘‘(4) MUSEUM BOARD.—The term ‘Museum cept, receive, and invest in the name of the Palau. Board’ means the National Museum Services United States, gifts, bequests, or devises of ‘‘(5) STATE LIBRARY ADMINISTRATIVE AGEN- Board established under section 275. money and other property or services and to CY.—The term ‘State library administrative ‘‘SEC. 203. INSTITUTE OF MUSEUM AND LIBRARY use such property or services in furtherance agency’ means the official agency of a State SERVICES. of the functions of the Institute. Any pro- charged by the law of the State with the ex- ‘‘(a) ESTABLISHMENT.—There is established, ceeds from such gifts, bequests, or devises, tension and development of public library within the National Foundation on the Arts after acceptance by the Institute, shall be services throughout the State. and the Humanities, an Institute of Museum paid by the donor or the representative of ‘‘(6) STATE PLAN.—The term ‘State plan’ and Library Services. the donor to the Director. The Director shall means the document which gives assurances ‘‘(b) OFFICES.—The Institute shall consist enter the proceeds in a special-interest bear- that the officially designated State library of an Office of Museum Services and an Of- ing account to the credit of the Institute for administrative agency has the fiscal and fice of Library Services. There shall be a Na- the purposes specified in each case. legal authority and capability to administer tional Museum Services Board in the Office all aspects of this subtitle, provides assur- of Museum Services. ‘‘Subtitle B—Library Services and ances for establishing the State’s policies, Technology ‘‘SEC. 204. DIRECTOR OF THE INSTITUTE. priorities, criteria, and procedures necessary ‘‘(a) APPOINTMENT.— ‘‘SEC. 211. SHORT TITLE. to the implementation of all programs under ‘‘(1) IN GENERAL.—The Institute shall be ‘‘This subtitle may be cited as the ‘Library this subtitle, submits copies for approval as headed by a Director, appointed by the Presi- Services and Technology Act’. required by regulations promulgated by the dent, by and with the advice and consent of ‘‘SEC. 212. PURPOSE. Director, identifies a State’s library needs, the Senate. ‘‘It is the purpose of this subtitle— and sets forth the activities to be taken to- ‘‘(2) TERM.—The Director shall serve for a ‘‘(1) to consolidate Federal library service ward meeting the identified needs supported term of 4 years. programs; with the assistance of Federal funds made ‘‘(3) QUALIFICATIONS.—Beginning with the ‘‘(2) to stimulate excellence and promote available under this subtitle. first individual appointed to the position of access to learning and information resources ‘‘SEC. 214. AUTHORIZATION OF APPROPRIATIONS. Director after the date of enactment of the in all types of libraries for individuals of all ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— Workforce and Career Development Act of ages; ‘‘(1) IN GENERAL.—There are authorized to 1996, every second individual so appointed ‘‘(3) to promote library services that pro- be appropriated $150,000,000 for fiscal year shall be appointed from among individuals vide all users access to information through 1997 and such sums as may be necessary for who have special competence with regard to State, regional, national and international each of the fiscal years 1998 through 2002 to library and information services. Beginning electronic networks; carry out this subtitle. S10462 CONGRESSIONAL RECORD — SENATE September 12, 1996

‘‘(2) TRANSFER.—The Secretary of Edu- aggregate of the minimum allotments for all of subparagraph (B) shall be excluded from cation shall— States for that purpose for such year, each of the calculation of the average level of State ‘‘(A) transfer any funds appropriated under such minimum allotments shall be reduced expenditures for any 3-year period described the authority of paragraph (1) to the Direc- ratably. in clause (i). tor to enable the Director to carry out this ‘‘(C) SPECIAL RULE.— ‘‘(B) DECREASE IN FEDERAL SUPPORT.—If the subtitle; and ‘‘(i) IN GENERAL.—Notwithstanding any amount made available under this subtitle ‘‘(B) not exercise any authority concerning other provision of this subsection and using for a fiscal year is less than the amount the administration of this title other than funds allotted for the Republic of the Mar- made available under this subtitle for the the transfer described in subparagraph (A). shall Islands, the Federated States of Micro- preceding fiscal year, then the expenditures ‘‘(b) FORWARD FUNDING.— nesia, and the Republic of Palau under this required by subparagraph (A) for such pre- ‘‘(1) IN GENERAL.—To the end of affording subsection, the Director shall award grants ceding fiscal year shall be decreased by the the responsible Federal, State, and local offi- to Guam, American Samoa, the Common- same percentage as the percentage decrease cers adequate notice of available Federal fi- wealth of the Northern Mariana Islands, the in the amount so made available. nancial assistance for carrying out ongoing Republic of the Marshall Islands, the Fed- ‘‘(2) LEVEL OF STATE EXPENDITURES.—The library activities and projects, appropria- erated States of Micronesia, or the Republic level of State expenditures for the purposes tions for grants, contracts, or other pay- of Palau to carry out activities described in of paragraph (1) shall include all State dol- ments under any program under this subtitle this subtitle in accordance with the provi- lars expended by the State library adminis- are authorized to be included in the appro- sions of this subtitle that the Director deter- trative agency for library programs that are priations Act for the fiscal year preceding mines are not inconsistent with this sub- consistent with the purposes of this subtitle. the fiscal year during which such activities paragraph. All funds included in the maintenance of ef- and projects shall be carried out. ‘‘(ii) AWARD BASIS.—The Director shall fort calculation under this subsection shall ‘‘(2) ADDITIONAL AUTHORIZATION OF APPRO- award grants pursuant to clause (i) on a be expended during the fiscal year for which PRIATIONS.—In order to effect a transition to competitive basis and pursuant to rec- the determination is made, and shall not in- the timing of appropriation action author- ommendations from the Pacific Region Edu- clude capital expenditures, special one-time ized by subsection (a), the application of this cational Laboratory in Honolulu, Hawaii. project costs, or similar windfalls. section may result in the enactment, in a fis- ‘‘(iii) TERMINATION OF ELIGIBILITY.—Not- ‘‘(3) WAIVER.—The Director may waive the cal year, of separate appropriations for a withstanding any other provision of law, the requirements of paragraph (1) if the Director program under this subtitle (whether in the Republic of the Marshall Islands, the Fed- determines that such a waiver would be equi- same appropriations Act or otherwise) for erated States of Micronesia, and the Repub- table due to exceptional or uncontrollable two consecutive fiscal years. lic of Palau shall not receive any funds under circumstances such as a natural disaster or a ‘‘(c) ADMINISTRATION.—Not more than 3 this subtitle for any fiscal year that begins precipitous and unforeseen decline in the fi- percent of the funds appropriated under this after September 30, 2001. nancial resources of the State. section for a fiscal year may be used to pay ‘‘(iv) ADMINISTRATIVE COSTS.—The Director ‘‘SEC. 224. STATE PLANS. for the Federal administrative costs of car- may provide not more than 5 percent of the ‘‘(a) STATE PLAN REQUIRED.— rying out this subtitle. funds made available for grants under this ‘‘(1) IN GENERAL.—In order to be eligible to ‘‘CHAPTER 1—BASIC PROGRAM subparagraph to pay the administrative receive a grant under this subtitle, a State REQUIREMENTS costs of the Pacific Region Educational Lab- library administrative agency shall submit a oratory regarding activities assisted under State plan to the Director not later than ‘‘SEC. 221. RESERVATIONS AND ALLOTMENTS. April 1, 1997. ‘‘(a) RESERVATIONS.— this subparagraph. ‘‘(4) DATA.—The population of each State ‘‘(2) DURATION.—The State plan shall cover ‘‘(1) IN GENERAL.—From the amount appro- a period of 5 fiscal years. priated under the authority of section 214 for and of all the States shall be determined by ‘‘(3) REVISIONS.—If a State library adminis- any fiscal year, the Director— the Director on the basis of the most recent data available from the Bureau of the Cen- trative agency makes a substantive revision ‘‘(A) shall reserve 11⁄2 percent to award sus. to its State plan, then the State library ad- grants in accordance with section 261; and ministrative agency shall submit to the Di- ‘‘(B) shall reserve 4 percent to award na- ‘‘SEC. 222. ADMINISTRATION. ‘‘(a) IN GENERAL.—Not more than 4 percent rector an amendment to the State plan con- tional leadership grants or contracts in ac- taining such revision not later than April 1 cordance with section 262. of the total amount of funds received under this subtitle for any fiscal year by a State of the fiscal year preceding the fiscal year ‘‘(2) SPECIAL RULE.—If the funds reserved for which the amendment will be effective. pursuant to paragraph (1)(B) for a fiscal year may be used for administrative costs. ‘‘(b) CONSTRUCTION.—Nothing in this sec- ‘‘(b) CONTENTS.—The State plan shall— have not been obligated by the end of such tion shall be construed to limit spending for ‘‘(1) establish goals, and specify priorities, fiscal year, then such funds shall be allotted evaluation costs under section 224(c) from for the State consistent with the purposes of in accordance with subsection (b) for the fis- sources other than this subtitle. this subtitle; cal year succeeding the fiscal year for which ‘‘SEC. 223. PAYMENTS; FEDERAL SHARE; AND ‘‘(2) describe activities that are consistent the funds were so reserved. MAINTENANCE OF EFFORT RE- with the goals and priorities established ‘‘(b) ALLOTMENTS.— QUIREMENTS. under paragraph (1), the purposes of this sub- ‘‘(1) IN GENERAL.—From the sums appro- ‘‘(a) PAYMENTS.—The Director shall pay to title, and section 231, that the State library priated under the authority of section 214 each State library administrative agency administrative agency will carry out during and not reserved under subsection (a) for any having a State plan approved under section such year using such grant; fiscal year, the Director shall award grants 224 the Federal share of the cost of the ac- ‘‘(3) describe the procedures that such from minimum allotments, as determined tivities described in the State plan. agency will use to carry out the activities under paragraph (3), to each State. Any sums ‘‘(b) FEDERAL SHARE.— described in paragraph (2); remaining after minimum allotments are ‘‘(1) IN GENERAL.—The Federal share shall ‘‘(4) describe the methodology that such made for such year shall be allotted in the be 66 percent. agency will use to evaluate the success of manner set forth in paragraph (2). ‘‘(2) NON-FEDERAL SHARE.—The non-Federal the activities established under paragraph (2) ‘‘(2) REMAINDER.—From the remainder of share of payments shall be provided from in achieving the goals and meeting the prior- any sums appropriated under the authority non-Federal, State, or local sources. ities described in paragraph (1); of section 214 that are not reserved under ‘‘(c) MAINTENANCE OF EFFORT.— ‘‘(5) describe the procedures that such subsection (a) and not allotted under para- ‘‘(1) STATE EXPENDITURES.— agency will use to involve libraries and li- graph (1) for any fiscal year, the Director ‘‘(A) REQUIREMENT.— brary users throughout the State in policy shall award grants to each State in an ‘‘(i) IN GENERAL.—The amount otherwise decisions regarding implementation of this amount that bears the same relation to such payable to a State for a fiscal year pursuant subtitle; and remainder as the population of the State to an allotment under this chapter shall be ‘‘(6) provide assurances satisfactory to the bears to the population of all States. reduced if the level of State expenditures, as Director that such agency will make such re- ‘‘(3) MINIMUM ALLOTMENT.— described in paragraph (2), for the previous ports, in such form and containing such in- ‘‘(A) IN GENERAL.—For the purposes of this fiscal year is less than the average of the formation, as the Director may reasonably subsection, the minimum allotment for each total of such expenditures for the 3 fiscal require to carry out this subtitle and to de- State shall be $340,000, except that the mini- years preceding that previous fiscal year. termine the extent to which funds provided mum allotment shall be $40,000 in the case of The amount of the reduction in allotment under this subtitle have been effective in the United States Virgin Islands, Guam, for any fiscal year shall be equal to the carrying out the purposes of this subtitle. American Samoa, the Commonwealth of the amount by which the level of such State ex- ‘‘(c) EVALUATION AND REPORT.—Each State Northern Mariana Islands, the Republic of penditures for the fiscal year for which the library administrative agency receiving a the Marshall Islands, the Federated States of determination is made is less than the aver- grant under this subtitle shall independently Micronesia, and the Republic of Palau. age of the total of such expenditures for the evaluate, and report to the Director regard- ‘‘(B) RATABLE REDUCTIONS.—If the sum ap- 3 fiscal years preceding the fiscal year for ing, the activities assisted under this sub- propriated under the authority of section 214 which the determination is made. title, prior to the end of the 5-year plan. and not reserved under subsection (a) for any ‘‘(ii) CALCULATION.—Any decrease in State ‘‘(d) INFORMATION.—Each library receiving fiscal year is insufficient to fully satisfy the expenditures resulting from the application assistance under this subtitle shall submit to September 12, 1996 CONGRESSIONAL RECORD — SENATE S10463 the State library administrative agency such cal year the Director shall establish and monwealth of the Northern Mariana Islands, information as such agency may require to carry out a program awarding national lead- the Republic of the Marshall Islands, the meet the requirements of subsection (c). ership grants or contracts to enhance the Federated States of Micronesia, and the Re- ‘‘(e) APPROVAL.— quality of library services nationwide and to public of Palau. ‘‘(1) IN GENERAL.—The Director shall ap- provide coordination between libraries and ‘‘SEC. 273. MUSEUM SERVICES ACTIVITIES. prove any State plan under this subtitle that museums. Such grants or contracts shall be meets the requirements of this subtitle and used for activities that may include— ‘‘(a) GRANTS.—The Director, subject to the provides satisfactory assurances that the ‘‘(1) education and training of persons in li- policy direction of the Museum Board, may provisions of such plan will be carried out. brary and information science, particularly make grants to museums to pay for the Fed- ‘‘(2) PUBLIC AVAILABILITY.—Each State li- in areas of new technology and other critical eral share of the cost of increasing and im- brary administrative agency receiving a needs, including graduate fellowships, proving museum services, through such ac- grant under this subtitle shall make the traineeships, institutes, or other programs; tivities as— State plan available to the public. ‘‘(2) research and demonstration projects ‘‘(1) programs that enable museums to con- ‘‘(3) ADMINISTRATION.—If the Director de- related to the improvement of libraries, edu- struct or install displays, interpretations, termines that the State plan does not meet cation in library and information science, and exhibitions in order to improve museum the requirements of this section, the Direc- enhancement of library services through ef- services provided to the public; tor shall— fective and efficient use of new technologies, ‘‘(2) assisting museums in developing and ‘‘(A) immediately notify the State library and dissemination of information derived maintaining professionally trained or other- administrative agency of such determination from such projects; wise experienced staff to meet the needs of and the reasons for such determination; ‘‘(3) preservation or digitization of library the museums; ‘‘(B) offer the State library administrative materials and resources, giving priority to ‘‘(3) assisting museums in meeting the ad- agency the opportunity to revise its State projects emphasizing coordination, avoid- ministrative costs of preserving and main- plan; ance of duplication, and access by research- taining the collections of the museums, ex- ‘‘(C) provide technical assistance in order ers beyond the institution or library entity hibiting the collections to the public, and to assist the State library administrative undertaking the project; and providing educational programs to the public agency in meeting the requirements of this ‘‘(4) model programs demonstrating coop- through the use of the collections; section; and erative efforts between libraries and muse- ‘‘(4) assisting museums in cooperating with ‘‘(D) provide the State library administra- ums. each other in developing traveling exhibi- tive agency the opportunity for a hearing. ‘‘(b) GRANTS OR CONTRACTS.— tions, meeting transportation costs, and ‘‘CHAPTER 2—LIBRARY PROGRAMS ‘‘(1) IN GENERAL.—The Director may carry identifying and locating collections avail- out the activities described in subsection (a) able for loan; ‘‘SEC. 231. GRANTS TO STATES. ‘‘(5) assisting museums in the conservation ‘‘(a) IN GENERAL.—Of the funds provided to by awarding grants to, or entering into con- of their collections; a State library administrative agency under tracts with, libraries, agencies, institutions ‘‘(6) developing and carrying out special- section 214, such agency shall expend, either of higher education, or museums, where ap- ized programs for specific segments of the directly or through subgrants or cooperative propriate. agreements, at least 96 percent of such funds ‘‘(2) COMPETITIVE BASIS.—Grants and con- public, such as programs for urban neighbor- for— tracts under this section shall be awarded on hoods, rural areas, Indian reservations, and ‘‘(1) establishing or enhancing electronic a competitive basis. penal and other State institutions; and linkages among or between libraries, library ‘‘(c) SPECIAL RULE.—The Director shall ‘‘(7) model programs demonstrating coop- consortia, one-stop career center systems es- make every effort to ensure that activities erative efforts between libraries and muse- tablished under section ll121(d) of the assisted under this section are administered ums. Workforce and Career Development Act of by appropriate library and museum profes- ‘‘(b) CONTRACTS AND COOPERATIVE AGREE- 1996, and eligible providers as such term is sionals or experts. MENTS.— defined in section ll004 of such Act, or any ‘‘SEC. 263. STATE AND LOCAL INITIATIVES. ‘‘(1) PROJECTS TO STRENGTHEN MUSEUM combination thereof; and ‘‘Nothing in this subtitle shall be con- SERVICES.—The Director, subject to the pol- ‘‘(2) targeting library and information strued to interfere with State and local ini- icy direction of the Museum Board, is au- services to persons having difficulty using a tiatives and responsibility in the conduct of thorized to enter into contracts and coopera- library and to underserved urban and rural library services. The administration of li- tive agreements with appropriate entities, as communities, including children (from birth braries, the selection of personnel and li- determined by the Director, to pay for the through age 17) from families with incomes brary books and materials, and insofar as Federal share of enabling the entities to un- below the poverty line (as defined by the Of- consistent with the purposes of this subtitle, dertake projects designed to strengthen mu- fice of Management and Budget and revised the determination of the best uses of the seum services, except that any contracts or annually in accordance with section 673(2) of funds provided under this subtitle, shall be cooperative agreements entered into pursu- the Community Services Block Grant Act (42 reserved for the States and their local sub- ant to this subsection shall be effective only U.S.C. 9902(2)) applicable to a family of the divisions. to such extent or in such amounts as are pro- size involved. ‘‘Subtitle C—Museum Services vided in appropriations Acts. ‘‘(b) SPECIAL RULE.—Each State library ad- ‘‘SEC. 271. PURPOSE. ‘‘(2) LIMITATION ON AMOUNT.—The aggre- ministrative agency receiving funds under ‘‘It is the purpose of this subtitle— gate amount of financial assistance made this chapter may apportion the funds avail- ‘‘(1) to encourage and assist museums in available under this subsection for a fiscal able for the purposes described in subsection their educational role, in conjunction with year shall not exceed 15 percent of the (a) between the two purposes described in formal systems of elementary, secondary, amount appropriated under this subtitle for paragraphs (1) and (2) of such subsection, as and postsecondary education and with pro- such fiscal year. appropriate, to meet the needs of the individ- grams of nonformal education for all age ‘‘(3) OPERATIONAL EXPENSES.—No financial ual State. groups; assistance may be provided under this sub- ‘‘CHAPTER 3—ADMINISTRATIVE ‘‘(2) to assist museums in modernizing section to pay for operational expenses. PROVISIONS their methods and facilities so that the mu- ‘‘(c) FEDERAL SHARE.— ‘‘Subchapter A—State Requirements seums are better able to conserve the cul- ‘‘(1) 50 PERCENT.—Except as provided in ‘‘SEC. 251. STATE ADVISORY COUNCILS. tural, historic, and scientific heritage of the paragraph (2), the Federal share described in ‘‘Each State desiring assistance under this United States; and subsections (a) and (b) shall be not more subtitle may establish a State advisory ‘‘(3) to ease the financial burden borne by than 50 percent. council which is broadly representative of museums as a result of their increasing use ‘‘(2) GREATER THAN 50 PERCENT.—The Direc- the library entities in the State, including by the public. tor may use not more than 20 percent of the public, school, academic, special, and insti- ‘‘SEC. 272. DEFINITIONS. funds made available under this subtitle for tutional libraries, and libraries serving indi- ‘‘As used in this subtitle: a fiscal year to make grants under sub- viduals with disabilities. ‘‘(1) MUSEUM.—The term ‘museum’ means a section (a), or enter into contracts or agree- ‘‘Subchapter B—Federal Requirements public or private nonprofit agency or institu- ments under subsection (b), for which the ‘‘SEC. 261. SERVICES FOR INDIAN TRIBES. tion organized on a permanent basis for es- Federal share may be greater than 50 per- ‘‘From amounts reserved under section sentially educational or aesthetic purposes, cent. 221(a)(1)(A) for any fiscal year the Director that utilizes a professional staff, owns or uti- ‘‘(d) REVIEW AND EVALUATION.—The Direc- shall award grants to organizations pri- lizes tangible objects, cares for the tangible tor shall establish procedures for reviewing marily serving and representing Indian objects, and exhibits the tangible objects to and evaluating grants, contracts, and coop- tribes to enable such organizations to carry the public on a regular basis. erative agreements made or entered into out the activities described in section 231. ‘‘(2) STATE.—The term ‘State’ means each under this subtitle. Procedures for reviewing ‘‘SEC. 262. NATIONAL LEADERSHIP GRANTS OR of the 50 States of the United States, the Dis- grant applications or contracts and coopera- CONTRACTS. trict of Columbia, the Commonwealth of tive agreements for financial assistance ‘‘(a) IN GENERAL.—From the amounts re- Puerto Rico, the United States Virgin Is- under this subtitle shall not be subject to served under section 221(a)(1)(B) for any fis- lands, Guam, American Samoa, the Com- any review outside of the Institute. S10464 CONGRESSIONAL RECORD — SENATE September 12, 1996 ‘‘SEC. 274. AWARD. ‘‘(i) not less than 2 times each year sepa- ‘‘(b) The Commission shall have the re- ‘‘The Director, with the advice of the Mu- rately; and sponsibility to advise the Director of the In- seum Board, may annually award a National ‘‘(ii) not less than 1 time each year in a stitute of Museum and Library Services on Award for Museum Service to outstanding joint meeting with the Commission, con- general policies with respect to the duties, museums that have made significant convened for purposes of making general poli- powers, and authority of the Institute of Mu- tributions in service to their communities. cies with respect to financial assistance for seum and Library Services relating to li- ‘‘SEC. 275. NATIONAL MUSEUM SERVICES BOARD. projects described in section 262(a)(4); and brary services, including— ‘‘(a) ESTABLISHMENT.—There is established ‘‘(B) at the call of the Director. ‘‘(1) general policies with respect to— in the Institute a National Museum Services ‘‘(2) VOTE.—All decisions by the Museum ‘‘(A) financial assistance awarded under Board. Board with respect to the exercise of the du- the Museum and Library Services Act for li- ‘‘(b) COMPOSITION AND QUALIFICATIONS.— ties and powers of the Museum Board shall brary services; and ‘‘(1) COMPOSITION.—The Museum Board be made by a majority vote of the members ‘‘(B) projects described in section 262(a)(4) shall consist of the Director and 14 members of the Museum Board who are present. All of such Act; and appointed by the President, by and with the decisions by the Commission and the Mu- ‘‘(2) measures to ensure that the policies advice and consent of the Senate. seum Board with respect to the policies de- and activities of the Institute of Museum ‘‘(2) QUALIFICATIONS.—The appointive scribed in paragraph (1)(A)(ii) shall be made and Library Services are coordinated with members of the Museum Board shall be se- by a 2⁄3 majority vote of the total number of other activities of the Federal Government. lected from among citizens of the United the members of the Commission and the Mu- States— ‘‘(c)(1) The Commission shall meet not less seum Board who are present. than 1 time each year in a joint meeting ‘‘(A) who are members of the general pub- ‘‘(g) QUORUM.—A majority of the members with the National Museum Services Board, lic; of the Museum Board shall constitute a convened for purposes of providing advice on ‘‘(B) who are or have been affiliated with— quorum for the conduct of business at offi- general policy with respect to financial as- ‘‘(i) resources that, collectively, are broad- cial meetings of the Museum Board, but a sistance for projects described in section ly representative of the curatorial, conserva- lesser number of members may hold hear- 262(a)(4) of such Act. tion, educational, and cultural resources of ings. A majority of the members of the Com- the United States; or mission and a majority of the members of ‘‘(2) All decisions by the Commission and ‘‘(ii) museums that, collectively, are the Museum Board shall constitute a quorum the National Museum Services Board with broadly representative of various types of for the conduct of business at official joint respect to the advice on general policy de- museums, including museums relating to meetings of the Commission and the Museum scribed in paragraph (1) shall be made by a 2⁄3 science, history, technology, art, zoos, and Board. majority vote of the total number of the botanical gardens; and ‘‘(h) COMPENSATION AND TRAVEL EX- members of the Commission and the Na- ‘‘(C) who are recognized for their broad PENSES.— tional Museum Services Board who are knowledge, expertise, or experience in muse- ‘‘(1) COMPENSATION.—Each member of the present. ums or commitment to museums. Museum Board who is not an officer or em- ‘‘(3) A majority of the members of the ‘‘(3) GEOGRAPHIC AND OTHER REPRESENTA- ployee of the Federal Government shall be Commission and a majority of the members TION.—Members of the Museum Board shall compensated at a rate to be fixed by the of the National Museum Services Board shall be appointed to reflect persons from various President, but not to exceed the daily equiv- constitute a quorum for the conduct of busi- geographic regions of the United States. The alent of the maximum rate authorized for a ness at official joint meetings of the Com- Museum Board may not include, at any time, position above grade GS–15 of the General mission and the National Museum Services more than 3 members from a single State. In Schedule under section 5108 of title 5, United Board.’’. making such appointments, the President States Code, for each day (including travel shall give due regard to equitable represen- time) during which such member is engaged (b) MEMBERSHIP.—Section 6 of the National tation of women, minorities, and persons in the performance of the duties of the Mu- Commission on Libraries and Information with disabilities who are involved with museum Board. All members of the Museum Science Act (20 U.S.C. 1505) is amended— seums. Board who are officers or employees of the (1) in subsection (a)— ‘‘(c) TERMS.— Federal Government shall serve without (A) in the first sentence, by striking ‘‘Li- ‘‘(1) IN GENERAL.—Each appointive member compensation in addition to compensation brarian of Congress’’ and inserting ‘‘Librar- of the Museum Board shall serve for a term received for their services as officers or em- ian of Congress, the Director of the Institute of 5 years, except that— ployees of the Federal Government. of Museum and Library Services (who shall ‘‘(A) of the members first appointed, 3 shall ‘‘(2) TRAVEL EXPENSES.—The members of serve as an ex officio, nonvoting member),’’; serve for terms of 5 years, 3 shall serve for the Museum Board shall be allowed travel (B) in the second sentence— terms of 4 years, 3 shall serve for terms of 3 expenses, including per diem in lieu of sub- (i) by striking ‘‘special competence or in- years, 3 shall serve for terms of 2 years, and sistence, in the same amounts and to the terest in’’ and inserting ‘‘special competence 2 shall serve for terms of 1 year, as des- same extent, as authorized under section 5703 in or knowledge of; and ignated by the President at the time of nom- of title 5, United States Code, for persons (ii) by inserting before the period the fol- ination for appointment; and employed intermittently in Federal Govern- lowing: ‘‘and at least one other of whom ‘‘(B) any member appointed to fill a va- ment service. shall be knowledgeable with respect to the cancy shall serve for the remainder of the ‘‘(i) COORDINATION.—The Museum Board, library and information service and science term for which the predecessor of the mem- with the advice of the Director, shall take needs of the elderly’’; ber was appointed. steps to ensure that the policies and activi- (C) in the third sentence, by inserting ‘‘ap- ‘‘(2) REAPPOINTMENT.—No member of the ties of the Institute are coordinated with pointive’’ before ‘‘members’’; and Museum Board who has been a member for other activities of the Federal Government. (D) in the last sentence, by striking ‘‘term more than 7 consecutive years shall be eligi- ‘‘SEC. 276. AUTHORIZATION OF APPROPRIATIONS. and at least’’ and all that follows and insert- ble for reappointment. ‘‘(a) GRANTS.—For the purpose of carrying ing ‘‘term.’’; and ‘‘(3) SERVICE UNTIL SUCCESSOR TAKES OF- out this subtitle, there are authorized to be (2) in subsection (b), by striking ‘‘the rate FICE.—Notwithstanding any other provision appropriated to the Director $28,700,000 for specified’’ and all that follows through ‘‘and of this subsection, a member of the Museum the fiscal year 1997, and such sums as may be while’’ and inserting ‘‘the daily equivalent of Board shall serve after the expiration of the necessary for each of the fiscal years 1998 the maximum rate authorized for a position term of the member until the successor to through 2002. above grade GS–15 of the General Schedule the member takes office. ‘‘(b) ADMINISTRATION.—Not more than 10 under section 5108 of title 5, United States ‘‘(d) DUTIES AND POWERS.—The Museum percent of the funds appropriated under this Code, for each day (including traveltime) Board shall have the responsibility to advise section for a fiscal year may be used to pay during which the members are engaged in the Director on general policies with respect for the administrative costs of carrying out the business of the Commission. While’’. to the duties, powers, and authority of the this subtitle. SEC. ll303. TRANSFER OF FUNCTIONS FROM IN- ‘‘(c) SUMS REMAINING AVAILABLE.—Sums Institute relating to museum services, in- STITUTE OF MUSEUM SERVICES. cluding general policies with respect to— appropriated pursuant to subsection (a) for ‘‘(1) financial assistance awarded under any fiscal year shall remain available for ob- (a) DEFINITIONS.—For purposes of this sec- this subtitle for museum services; and ligation until expended.’’. tion, unless otherwise provided or indicated ‘‘(2) projects described in section 262(a)(4). SEC. ll302. NATIONAL COMMISSION ON LIBRAR- by the context— ‘‘(e) CHAIRPERSON.—The President shall IES AND INFORMATION SCIENCE. (1) the term ‘‘Federal agency’’ has the designate 1 of the appointive members of the (a) FUNCTIONS.—Section 5 of the National meaning given to the term ‘‘agency’’ by sec- Museum Board as Chairperson of the Mu- Commission on Libraries and Information tion 551(1) of title 5, United States Code; seum Board. Science Act (20 U.S.C. 1504) is amended— (2) the term ‘‘function’’ means any duty, ‘‘(f) MEETINGS.— (1) by redesignating subsections (b) obligation, power, authority, responsibility, ‘‘(1) IN GENERAL.—The Museum Board shall through (d) as subsections (d) through (f), re- right, privilege, activity, or program; and meet— spectively; and (3) the term ‘‘office’’ includes any office, ‘‘(A) not less than 3 times each year, in- (2) by inserting after subsection (a) the fol- administration, agency, institute, unit, orga- cluding— lowing: nizational entity, or component thereof. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10465

(b) TRANSFER OF FUNCTIONS FROM THE IN- this subsection shall be used only for the orders, as if this section had not been en- STITUTE OF MUSEUM SERVICES AND THE LI- purposes for which the funds were originally acted, and orders issued in any such proceed- BRARY PROGRAM OFFICE.—There are trans- authorized and appropriated. ings shall continue in effect until modified, ferred to the Director of the Institute of Mu- (h) INCIDENTAL TRANSFERS.—The Director terminated, superseded, or revoked by a duly seum and Library Services established under of the Office of Management and Budget, at authorized official, by a court of competent section 203 of the Museum and Library Serv- such time or times as the Director shall pro- jurisdiction, or by operation of law. Nothing ices Act— vide, may make such determinations as may in this paragraph shall be construed to pro- (1) all functions that the Director of the be necessary with regard to the functions hibit the discontinuance or modification of Institute of Museum Services exercised be- transferred by this section, and make such any such proceeding under the same terms fore the date of enactment of this section additional incidental dispositions of person- and conditions and to the same extent that (including all related functions of any officer nel, assets, liabilities, grants, contracts, such proceeding could have been discon- or employee of the Institute of Museum property, records, and unexpended balances tinued or modified if this section had not Services); and of appropriations, authorizations, alloca- been enacted. (2) all functions that the Director of Li- tions, and other funds held, used, arising (3) SUITS NOT AFFECTED.—This section shall brary Programs in the Office of Educational from, available to, or to be made available in not affect suits commenced before the effec- Research and Improvement in the Depart- connection with such functions, as may be tive date of this section, and in all such ment of Education exercised before the date necessary to carry out this section. The Di- suits, proceedings shall be had, appeals of enactment of this section and any related rector of the Office of Management and taken, and judgments rendered in the same function of any officer or employee of the Budget shall provide for the termination of manner and with the same effect as if this Department of Education. the affairs of all entities terminated by this section had not been enacted. (c) DETERMINATIONS OF CERTAIN FUNCTIONS section and for such further measures and (4) NONABATEMENT OF ACTIONS.—No suit, BY THE OFFICE OF MANAGEMENT AND BUDG- dispositions as may be necessary to effec- action, or other proceeding commenced by or ET.—If necessary, the Office of Management tuate the purposes of this section. against the Institute of Museum Services, or and Budget shall make any determination of (i) EFFECT ON PERSONNEL.— by or against any individual in the official the functions that are transferred under sub- (1) IN GENERAL.—Except as otherwise pro- capacity of such individual as an officer of section (b). vided by this section, the transfer pursuant the Institute of Museum Services, shall (d) DELEGATION AND ASSIGNMENT.—Except to this section of full-time personnel (except abate by reason of the enactment of this sec- where otherwise expressly prohibited by law special Government employees) and part- tion. or otherwise provided by this section, the Di- time personnel holding permanent positions (5) ADMINISTRATIVE ACTIONS RELATING TO rector of the Institute of Museum and Li- shall not cause any such employee to be sep- PROMULGATION OF REGULATIONS.—Any admin- brary Services may delegate any of the func- arated or reduced in grade or compensation istrative action relating to the preparation tions transferred to the Director of the Insti- for 1 year after the date of transfer of such or promulgation of a regulation by the Insti- tute of Museum and Library Services by this employee under this section. tute of Museum Services relating to a func- section and any function transferred or (2) EXECUTIVE SCHEDULE POSITIONS.—Except tion transferred under this section may be granted to such Director of the Institute of as otherwise provided in this section, any continued by the Institute of Museum and Museum and Library Services after the effec- person who, on the day preceding the effec- Library Services with the same effect as if tive date of this section to such officers and tive date of this section, held a position com- this section had not been enacted. employees of the Institute of Museum and pensated in accordance with the Executive (k) TRANSITION.—The Director of the Insti- Library Services as the Director of the Insti- Schedule prescribed in chapter 53 of title 5, tute of Museum and Library Services may tute of Museum and Library Services may United States Code, and who, without a utilize— designate, and may authorize successive re- break in service, is appointed in the Insti- (1) the services of such officers, employees, delegations of such functions as may be nec- tute of Museum and Library Services to a and other personnel of the Institute of Mu- essary or appropriate, except that any dele- position having duties comparable to the du- seum Services with respect to functions gation of any such functions with respect to ties performed immediately preceding such transferred to the Institute of Museum and libraries shall be made to the Deputy Direc- appointment shall continue to be com- Library Services by this section; and tor of the Office of Library Services and with pensated in such new position at not less (2) funds appropriated to such functions for respect to museums shall be made to the than the rate provided for such previous po- such period of time as may reasonably be Deputy Director of the Office of Museum sition, for the duration of the service of such needed to facilitate the orderly implementa- Services. No delegation of functions by the person in such new position. tion of this section. Director of the Institute of Museum and Li- (l) REFERENCES.—A reference in any other (j) SAVINGS PROVISIONS.— brary Services under this section or under Federal law, Executive order, rule, regula- (1) CONTINUING EFFECT OF LEGAL DOCU- any other provision of this section shall re- tion, or delegation of authority, or any docu- MENTS.—All orders, determinations, rules, lieve such Director of the Institute of Mu- ment of or relating to— regulations, permits, agreements, grants, seum and Library Services of responsibility (1) the Director of the Institute of Museum contracts, certificates, licenses, registra- for the administration of such functions. Services with regard to functions transferred tions, privileges, and other administrative (e) REORGANIZATION.—The Director of the under subsection (b), shall be deemed to refer actions— Institute of Museum and Library Services to the Director of the Institute of Museum (A) that have been issued, made, granted, may allocate or reallocate any function and Library Services; and or allowed to become effective by the Presi- transferred under subsection (b) among the (2) the Institute of Museum Services with dent, any Federal agency or official of a Fed- officers of the Institute of Museum and Li- regard to functions transferred under sub- eral agency, or by a court of competent ju- brary Services, and may establish, consoli- section (b), shall be deemed to refer to the risdiction, in the performance of functions date, alter, or discontinue such organiza- Institute of Museum and Library Services. that are transferred under this section; and tional entities in the Institute of Museum (m) ADDITIONAL CONFORMING AMEND- (B) that were in effect before the effective and Library Services as may be necessary or MENTS.— date of this section, or were final before the appropriate. (1) RECOMMENDED LEGISLATION.—After con- effective date of this section and are to be- (f) RULES.—The Director of the Institute of sultation with the appropriate committees of Museum and Library Services may prescribe, come effective on or after the effective date Congress and the Director of the Office of in accordance with chapters 5 and 6 of title of this section; Management and Budget, the Director of the 5, United States Code, such rules and regula- shall continue in effect according to their Institute of Museum and Library Services tions as the Director of the Institute of Mu- terms until modified, terminated, super- shall prepare and submit to the appropriate seum and Library Services determines to be seded, set aside, or revoked in accordance committees of Congress recommended legis- necessary or appropriate to administer and with law by the President, the Director of lation containing technical and conforming manage the functions of the Institute of Mu- the Institute of Museum and Library Serv- amendments to reflect the changes made by seum and Library Services. ices or other authorized official, a court of this section. (g) TRANSFER AND ALLOCATIONS OF APPRO- competent jurisdiction, or by operation of (2) SUBMISSION TO CONGRESS.—Not later PRIATIONS AND PERSONNEL.—Except as other- law. than 6 months after the effective date of this wise provided in this section, the personnel (2) PROCEEDINGS NOT AFFECTED.—This sec- section, the Director of the Institute of Mu- employed in connection with, and the assets, tion shall not affect any proceedings, includ- seum and Library Services shall submit to liabilities, contracts, property, records, and ing notices of proposed rulemaking, or any the appropriate committees of Congress the unexpended balances of appropriations, au- application for any license, permit, certifi- recommended legislation referred to under thorizations, allocations, and other funds cate, or financial assistance pending before paragraph (1). employed, used, held, arising from, available the Institute of Museum Services on the ef- SEC. ll304. SERVICE OF INDIVIDUALS SERVING to, or to be made available in connection fective date of this section, with respect to ON DATE OF ENACTMENT. with the functions transferred by this sec- functions transferred by this section. Such Notwithstanding section 204 of the Mu- tion, subject to section 1531 of title 31, Unit- proceedings and applications shall be contin- seum and Library Services Act, the individ- ed States Code, shall be transferred to the ued. Orders shall be issued in such proceed- ual who was appointed to the position of Di- Institute of Museum and Library Services. ings, appeals shall be taken from the orders, rector of the Institute of Museum Services Unexpended funds transferred pursuant to and payments shall be made pursuant to the under section 205 of the Museum Services S10466 CONGRESSIONAL RECORD — SENATE September 12, 1996 Act (as such section was in effect on the day ‘‘(2) Holding Company common shares to as requested by the Association. The Asso- before the date of enactment of this Act) and be registered with the Securities and Ex- ciation, however, may obtain such manage- who is serving in such position on the day change Commission. ment and operational support from persons before the date of enactment of this Act ‘‘(b) SHAREHOLDER APPROVAL.—The plan of or entities not associated with the Holding shall serve as the first Director of the Insti- reorganization adopted by the Board of Di- Company. tute of Museum and Library Services under rectors pursuant to subsection (a) shall be ‘‘(4) DIVIDENDS.—The Association may pay section 204 of the Museum and Library Serv- submitted to common shareholders of the dividends in the form of cash or noncash dis- ices Act (as added by section ll301 of this Association for their approval. The reorga- tributions so long as at the time of the dec- title), and shall serve at the pleasure of the nization shall occur on the reorganization ef- laration of such dividends, after giving effect President. fective date, provided that the plan of reor- to the payment of such dividends as of the ganization has been approved by the affirma- SEC. ll305. CONSIDERATION. date of such declaration by the Board of Di- tive votes, cast in person or by proxy, of the Consistent with title 5, United States rectors of the Association, the Association’s holders of a majority of the issued and out- capital would be in compliance with the cap- Code, in appointing employees of the Office standing shares of the Association common ital standards and requirements set forth in of Library Services, the Director of the Insti- stock. tute of Museum and Library Services shall ‘‘(c) TRANSITION.—In the event the share- section 439(r). If, at any time after the reor- give strong consideration to individuals with holders of the Association approve the plan ganization effective date, the Association experience in administering State-based and of reorganization under subsection (b), the fails to comply with such capital standards, national library and information services following provisions shall apply beginning on the Holding Company shall transfer to the programs. the reorganization effective date: Association additional capital in such SEC. ll306. TRANSITION AND TRANSFER OF ‘‘(1) IN GENERAL.—Except as specifically amounts as are necessary to ensure that the FUNDS. provided in this section, until the dissolution Association again complies with the capital (a) TRANSITION.—The Director of the Office date the Association shall continue to have standards. of Management and Budget shall take appro- all of the rights, privileges and obligations ‘‘(5) CERTIFICATION PRIOR TO DIVIDEND.— priate measures to ensure an orderly transi- set forth in, and shall be subject to all of the Prior to any such distribution, the Associa- tion from the activities previously adminis- limitations and restrictions of, section 439, tion shall certify to the Secretary of the tered by the Director of Library Programs in and the Association shall continue to carry Treasury that the payment of the dividend the Office of Educational Research and Im- out the purposes of such section. The Hold- will be made in compliance with this para- provement in the Department of Education ing Company and any subsidiary of the Hold- graph and shall provide copies of all calcula- to the activities administered by the Insti- ing Company (other than the Association) tions needed to make such certification. tute for Museum and Library Services under shall not be entitled to any of the rights, ‘‘(6) RESTRICTIONS ON NEW BUSINESS ACTIV- this title. Such measures may include the privileges, and obligations, and shall not be ITY OR ACQUISITION OF ASSETS BY ASSOCIA- transfer of appropriated funds. subject to the limitations and restrictions, TION.— (b) TRANSFER.—The Secretary of Education applicable to the Association under section ‘‘(A) IN GENERAL.—After the reorganization shall transfer to the Director the amount of 439, except as specifically provided in this effective date, the Association shall not en- funds necessary to ensure the orderly transi- section. The Holding Company and any sub- gage in any new business activities or action from activities previously administered sidiary of the Holding Company (other than quire any additional program assets de- by the Director of the Office of Library Pro- the Association or a subsidiary of the Asso- scribed in section 439(d) other than in con- grams in the Office of Educational Research ciation) shall not purchase loans insured nection with— and Improvement in the Department of Edu- under this Act until such time as the Asso- ‘‘(i) student loan purchases through Sep- cation to the activities administered by the ciation ceases acquiring such loans, except tember 30, 2007; Institute for Museum and Library Services. that the Holding Company may purchase ‘‘(ii) contractual commitments for future In no event shall the amount of funds trans- such loans if the Association is merely con- warehousing advances, or pursuant to letters ferred pursuant to the preceding sentence be tinuing to acquire loans as a lender of last of credit or standby bond purchase agree- less than $200,000. resort pursuant to section 439(q) or under an ments, which are outstanding as of the reor- TITLE IV—HIGHER EDUCATION agreement with the Secretary described in ganization effective date; paragraph (6). ‘‘(iii) the Association serving as a lender- SEC. ll401. REORGANIZATION OF THE STUDENT LOAN MARKETING ASSOCIATION ‘‘(2) TRANSFER OF CERTAIN PROPERTY.— of-last-resort pursuant to section 439(q); and THROUGH THE FORMATION OF A ‘‘(A) IN GENERAL.—Except as provided in ‘‘(iv) the Association’s purchase of loans HOLDING COMPANY. this section, on the reorganization effective insured under this part, if the Secretary, (a) AMENDMENT.—Part B of title IV of the date or as soon as practicable thereafter, the with the approval of the Secretary of the Higher Education Act of 1965 (20 U.S.C. 1071 Association shall use the Association’s best Treasury, enters into an agreement with the et seq.) is amended by inserting after section efforts to transfer to the Holding Company Association for the continuation or resump- 439 (20 U.S.C. 1087–2) the following new sec- or any subsidiary of the Holding Company tion of the Association’s secondary market tion: (or both), as directed by the Holding Com- purchase program because the Secretary de- ‘‘SEC. 440. REORGANIZATION OF THE STUDENT pany, all real and personal property of the termines there is inadequate liquidity for LOAN MARKETING ASSOCIATION Association (both tangible and intangible) loans made under this part. THROUGH THE FORMATION OF A other than the remaining property. Subject ‘‘(B) AGREEMENT.—The Secretary is au- HOLDING COMPANY. to the preceding sentence, such transferred thorized to enter into an agreement de- ‘‘(a) ACTIONS BY THE ASSOCIATION’S BOARD property shall include all right, title, and in- scribed in clause (iii) of subparagraph (A) OF DIRECTORS.—The Board of Directors of the terest in— with the Association covering such second- Association shall take or cause to be taken ‘‘(i) direct or indirect subsidiaries of the ary market activities. Any agreement en- all such action as the Board of Directors Association (excluding special purpose fund- tered into under such clause shall cover a pe- deems necessary or appropriate to effect, ing companies in existence on the date of en- riod of 12 months, but may be renewed if the upon the shareholder approval described in actment of this section and any interest in Secretary determines that liquidity remains subsection (b), a restructuring of the com- any government-sponsored enterprise); inadequate. The fee provided under section mon stock ownership of the Association, as ‘‘(ii) contracts, leases, and other agree- 439(h)(7) shall not apply to loans acquired set forth in a plan of reorganization adopted ments of the Association; under any such agreement with the Sec- by the Board of Directors (the terms of ‘‘(iii) licenses and other intellectual prop- retary. which shall be consistent with this section) erty of the Association; and ‘‘(7) ISSUANCE OF DEBT OBLIGATIONS DURING so that all of the outstanding common ‘‘(iv) any other property of the Associa- THE TRANSITION PERIOD; ATTRIBUTES OF DEBT shares of the Association shall be directly tion. OBLIGATIONS.—After the reorganization effec- owned by a Holding Company. Such actions ‘‘(B) CONSTRUCTION.—Nothing in this para- tive date, the Association shall not issue may include, in the Board of Director’s dis- graph shall be construed to prohibit the As- debt obligations which mature later than cretion, a merger of a wholly owned subsidi- sociation from transferring remaining prop- September 30, 2008, except in connection with ary of the Holding Company with and into erty from time to time to the Holding Com- serving as a lender-of-last-resort pursuant to the Association, which would have the effect pany or any subsidiary of the Holding Com- section 439(q) or with purchasing loans under provided in the plan of reorganization and pany, subject to the provisions of paragraph an agreement with the Secretary as de- the law of the jurisdiction in which such sub- (4). scribed in paragraph (6). Nothing in this sec- sidiary is incorporated. As part of the re- ‘‘(3) TRANSFER OF PERSONNEL.—On the reor- tion shall modify the attributes accorded the structuring, the Board of Directors may ganization effective date, employees of the debt obligations of the Association by sec- cause— Association shall become employees of the tion 439, regardless of whether such debt ob- ‘‘(1) the common shares of the Association Holding Company (or any subsidiary of the ligations are incurred prior to, or at any to be converted, on the reorganization effec- Holding Company), and the Holding Com- time following, the reorganization effective tive date, to common shares of the Holding pany (or any subsidiary of the Holding Com- date or are transferred to a trust in accord- Company on a one for one basis, consistent pany) shall provide all necessary and appro- ance with subsection (d). with applicable State or District of Colum- priate management and operational support ‘‘(8) MONITORING OF SAFETY AND SOUND- bia law; and (including loan servicing) to the Association, NESS.— September 12, 1996 CONGRESSIONAL RECORD — SENATE S10467

‘‘(A) OBLIGATION TO OBTAIN, MAINTAIN, AND ciation and shall be immediately deposited discharge of all outstanding debt obligations REPORT INFORMATION.—The Association shall by the Holding Company or such subsidiary and liquidation pursuant to this subsection. obtain such information and make and keep to an account under the sole control of the The Association may dissolve pursuant to such records as the Secretary of the Treas- Association. this subsection prior to such date by notify- ury may from time to time prescribe con- ‘‘(D) ENCUMBRANCE OF ASSETS.—Notwith- ing the Secretary of Education and the Sec- cerning— standing any Federal or State law, rule, or retary of the Treasury of the Association’s ‘‘(i) the financial risk to the Association regulation, or legal or equitable principle, intention to dissolve, unless within 60 days resulting from the activities of any associ- doctrine, or theory to the contrary, under no after receipt of such notice the Secretary of ated person, to the extent such activities are circumstances shall the assets of the Asso- Education notifies the Association that the reasonably likely to have a material impact ciation be available or used to pay claims or Association continues to be needed to serve on the financial condition of the Association, debts of or incurred by the Holding Com- as a lender of last resort pursuant to section including the Association’s capital ratio, the pany. Nothing in this subparagraph shall be 439(q) or continues to be needed to purchase Association’s liquidity, or the Association’s construed to limit the right of the Associa- loans under an agreement with the Secretary ability to conduct and finance the Associa- tion to pay dividends not otherwise prohib- described in paragraph (6). On the dissolution tion’s operations; and ited under this subparagraph or to limit any date, the Association shall take the follow- ‘‘(ii) the Association’s policies, procedures, liability of the Holding Company explicitly ing actions: and systems for monitoring and controlling provided for in this section. ‘‘(1) ESTABLISHMENT OF A TRUST.—The As- any such financial risk. ‘‘(E) HOLDING COMPANY ACTIVITIES.—After sociation shall, under the terms of an irrev- ‘‘(B) SUMMARY REPORTS.—The Secretary of the reorganization effective date and prior to ocable trust agreement that is in form and the Treasury may require summary reports the dissolution date, all business activities substance satisfactory to the Secretary of of the information described in subparagraph of the Holding Company shall be conducted the Treasury, the Association and the ap- (A) to be filed no more frequently than quar- through subsidiaries of the Holding Com- pointed trustee, irrevocably transfer all re- terly. If, as a result of adverse market condi- pany. maining obligations of the Association to tions or based on reports provided pursuant ‘‘(F) CONFIDENTIALITY.—Any information the trust and irrevocably deposit or cause to to this subparagraph or other available in- provided by the Association pursuant to this be deposited into such trust, to be held as formation, the Secretary of the Treasury has section shall be subject to the same con- trust funds solely for the benefit of holders concerns regarding the financial or oper- fidentiality obligations contained in section of the remaining obligations, money or di- ational condition of the Association, the 439(r)(12). rect noncallable obligations of the United Secretary of the Treasury may, notwith- ‘‘(G) DEFINITION.—For purposes of this States or any agency thereof for which pay- standing the preceding sentence and subparagraph, the term ‘associated person’ ment the full faith and credit of the United paragraph (A), require the Association to means any person, other than a natural per- States is pledged, maturing as to principal make reports concerning the activities of son, who is directly or indirectly controlling, and interest in such amounts and at such any associated person whose business activi- controlled by, or under common control times as are determined by the Secretary of ties are reasonably likely to have a material with, the Association. the Treasury to be sufficient, without con- impact on the financial or operational condi- ‘‘(9) ISSUANCE OF STOCK WARRANTS.—On the sideration of any significant reinvestment of tion of the Association. reorganization effective date, the Holding such interest, to pay the principal of, and in- ‘‘(C) SEPARATE OPERATION OF CORPORA- Company shall issue to the Secretary of the terest on, the remaining obligations in ac- TIONS.— Treasury a number of stock warrants that is cordance with their terms. To the extent the ‘‘(i) IN GENERAL.—The funds and assets of equal to one percent of the outstanding Association cannot provide money or quali- the Association shall at all times be main- shares of the Association, determined as of fying obligations in the amount required, the tained separately from the funds and assets the last day of the fiscal quarter preceding Holding Company shall be required to trans- of the Holding Company or any subsidiary of the date of enactment of this section, with fer money or qualifying obligations to the the Holding Company and may be used by each stock warrant entitling the holder of trust in the amount necessary to prevent the Association solely to carry out the Asso- the stock warrant to purchase from the any deficiency. ciation’s purposes and to fulfill the Associa- Holding Company one share of the registered ‘‘(2) USE OF TRUST ASSETS.—All money, ob- tion’s obligations. common stock of the Holding Company or ligations, or financial assets deposited into ‘‘(ii) BOOKS AND RECORDS.—The Association the Holding Company’s successors or assigns, the trust pursuant to this subsection shall be shall maintain books and records that clear- at any time on or before September 30, 2008. applied by the trustee to the payment of the ly reflect the assets and liabilities of the As- The exercise price for such warrants shall be remaining obligations assumed by the trust. sociation, separate from the assets and li- an amount equal to the average closing price ‘‘(3) OBLIGATIONS NOT TRANSFERRED TO THE abilities of the Holding Company or any sub- of the common stock of the Association for TRUST.—The Association shall make proper sidiary of the Holding Company. the 20 business days prior to the date of en- provision for all other obligations of the As- ‘‘(iii) CORPORATE OFFICE.—The Association actment of this section on the exchange or sociation not transferred to the trust, in- shall maintain a corporate office that is market which is then the primary exchange cluding the repurchase or redemption, or the physically separate from any office of the or market for the common stock of the Asso- making of proper provision for the repur- Holding Company or any subsidiary of the ciation. The number of shares of Holding chase or redemption, of any preferred stock Holding Company. Company common stock subject to each war- of the Association outstanding. Any obliga- ‘‘(iv) DIRECTOR.—No director of the Asso- rant and the exercise price of each warrant tions of the Association which cannot be ciation who is appointed by the President shall be adjusted as necessary to reflect— fully satisfied shall become liabilities of the pursuant to section 439(c)(1)(A) may serve as ‘‘(A) the conversion of Association com- Holding Company as of the date of dissolu- a director of the Holding Company. mon stock into Holding Company common tion. ‘‘(v) ONE OFFICER REQUIREMENT.—At least stock as part of the plan of reorganization ‘‘(4) TRANSFER OF REMAINING ASSETS.— one officer of the Association shall be an of- approved by the Association’s shareholders; After compliance with paragraphs (1) and (3), ficer solely of the Association. and any remaining assets of the trust shall be ‘‘(vi) TRANSACTIONS.—Transactions be- ‘‘(B) any issuance or sale of stock (includ- transferred to the Holding Company or any tween the Association and the Holding Com- ing issuance or sale of treasury stock), stock subsidiary of the Holding Company, as di- pany or any subsidiary of the Holding Com- split, recapitalization, reorganization, or rected by the Holding Company. pany, including any loan servicing arrange- other corporate event, if agreed to by the ments, shall be on terms no less favorable to Secretary of the Treasury and the Associa- ‘‘(e) OPERATION OF THE HOLDING COM- the Association than the Association could tion. PANY.—In the event the shareholders of the obtain from an unrelated third party offering ‘‘(10) RESTRICTIONS ON TRANSFER OF ASSO- Association approve the plan of reorganiza- comparable services. CIATION SHARES AND BANKRUPTCY OF ASSOCIA- tion under subsection (b), the following pro- ‘‘(vii) CREDIT PROHIBITION.—The Associa- TION.—After the reorganization effective visions shall apply beginning on the reorga- tion shall not extend credit to the Holding date, the Holding Company shall not sell, nization effective date: Company or any subsidiary of the Holding pledge, or otherwise transfer the outstanding ‘‘(1) HOLDING COMPANY BOARD OF DIREC- Company nor guarantee or provide any cred- shares of the Association, or agree to or TORS.—The number of members and composi- it enhancement to any debt obligations of cause the liquidation of the Association or tion of the Board of Directors of the Holding the Holding Company or any subsidiary of cause the Association to file a petition for Company shall be determined as set forth in the Holding Company. bankruptcy under title 11, United States the Holding Company’s charter or like in- ‘‘(viii) AMOUNTS COLLECTED.—Any amounts Code, without prior approval of the Sec- strument (as amended from time to time) or collected on behalf of the Association by the retary of the Treasury and the Secretary of bylaws (as amended from time to time) and Holding Company or any subsidiary of the Education. as permitted under the laws of the jurisdic- Holding Company with respect to the assets ‘‘(d) TERMINATION OF THE ASSOCIATION.—In tion of the Holding Company’s incorpora- of the Association, pursuant to a servicing the event the shareholders of the Association tion. contract or other arrangement between the approve a plan of reorganization under sub- ‘‘(2) HOLDING COMPANY NAME.—The names Association and the Holding Company or any section (b), the Association shall dissolve, of the Holding Company and any subsidiary subsidiary of the Holding Company, shall be and the Association’s separate existence of the Holding Company (other than the As- collected solely for the benefit of the Asso- shall terminate on September 30, 2008, after sociation)— S10468 CONGRESSIONAL RECORD — SENATE September 12, 1996

‘‘(A) may not contain the name ‘Student ‘‘(4) REMAINING OBLIGATIONS.—The term ‘‘(13) ENFORCEMENT OF SAFETY AND SOUND- Loan Marketing Association’; and ‘remaining obligations’ means the debt obli- NESS REQUIREMENTS.—The Secretary of Edu- ‘‘(B) may contain, to the extent permitted gations of the Association outstanding as of cation or the Secretary of the Treasury, as by applicable State or District of Columbia the dissolution date. appropriate, may request that the Attorney law, ‘Sallie Mae’ or variations thereof, or ‘‘(5) REMAINING PROPERTY.—The term ‘re- General bring an action in the United States such other names as the Board of Directors maining property’ means the following as- District Court for the District of Columbia of the Association or the Holding Company sets and liabilities of the Association which for the enforcement of any provision of this deems appropriate. are outstanding as of the reorganization ef- section, or may, under the direction or con- ‘‘(3) USE OF SALLIE MAE NAME.—Subject to fective date: trol of the Attorney General, bring such an paragraph (2), the Association may assign to ‘‘(A) Debt obligations issued by the Asso- action. Such court shall have jurisdiction the Holding Company, or any subsidiary of ciation. and power to order and require compliance the Holding Company, the ‘Sallie Mae’ name ‘‘(B) Contracts relating to interest rate, with this section.’’. as a trademark and service mark, except currency, or commodity positions or protec- (3) FINANCIAL SAFETY AND SOUNDNESS.— that neither the Holding Company nor any tions. Section 439(r) of the Higher Education Act of subsidiary of the Holding Company (other ‘‘(C) Investment securities owned by the 1965 (20 U.S.C. 1087–2(r)) is further amended— than the Association or any subsidiary of the Association. (A) in paragraph (1)— Association) may use the ‘Sallie Mae’ name ‘‘(D) Any instruments, assets, or agree- (i) by striking ‘‘and’’ at the end of subpara- on, or to identify the issuer of, any debt obli- ments described in section 439(d) (including, graph (A); without limitation, all student loans and gation or other security offered or sold by (ii) by striking the period at the end of agreements relating to the purchase and sale the Holding Company or any subsidiary of subparagraph (B) and inserting ‘‘; and’’; and of student loans, forward purchase and lend- the Holding Company (other than a debt ob- (iii) by adding at the end the following new ing commitments, warehousing advances, ligation or other security issued to the Hold- subparagraph: academic facilities obligations, letters of ing Company or any subsidiary of the Hold- ‘‘(C)(i) financial statements of the Associa- credit, standby bond purchase agreements, ing Company). The Association shall remit tion within 45 days of the end of each fiscal liquidity agreements, and student loan reve- to the Secretary of the Treasury $5,000,000 quarter; and nue bonds or other loans). within 60 days of the reorganization effective ‘‘(ii) reports setting forth the calculation date as compensation for the right to assign ‘‘(E) Except as specifically prohibited by this section or section 439, any other non- of the capital ratio of the Association within such trademark or service mark. 45 days of the end of each fiscal quarter.’’; ‘‘(4) DISCLOSURE REQUIRED.—Until 3 years material assets or liabilities of the Associa- tion which the Association’s Board of Direc- (B) in paragraph (2)— after the dissolution date, the Holding Com- (i) by striking clauses (i) and (ii) of sub- pany, and any subsidiary of the Holding tors determines to be necessary or appropriate to the Association’s operations. paragraph (A) and inserting the following: Company (other than the Association), shall ‘‘(i) appoint auditors or examiners to con- prominently display— ‘‘(6) REORGANIZATION.—The term ‘reorganization’ means the restructuring event or duct audits of the Association from time to ‘‘(A) in any document offering the Holding time to determine the condition of the Asso- Company’s securities, a statement that the events (including any merger event) giving effect to the Holding Company structure de- ciation for the purpose of assessing the Asso- obligations of the Holding Company and any scribed in subsection (a). ciation’s financial safety and soundness and subsidiary of the Holding Company are not ‘‘(7) REORGANIZATION EFFECTIVE DATE.—The to determine whether the requirements of guaranteed by the full faith and credit of the term ‘reorganization effective date’ means this section and section 440 are being met; United States; and the effective date of the reorganization as and ‘‘(B) in any advertisement or promotional determined by the Board of Directors of the ‘‘(ii) obtain the services of such experts as materials which use the ‘Sallie Mae’ name or Association, which shall not be earlier than the Secretary of the Treasury determines mark, a statement that neither the Holding the date that shareholder approval is ob- necessary and appropriate, as authorized by Company nor any subsidiary of the Holding tained pursuant to subsection (b) and shall section 3109 of title 5, United States Code, to Company is a government-sponsored enter- not be later than the date that is 18 months assist in determining the condition of the prise or instrumentality of the United after the date of enactment of this section. Association for the purpose of assessing the States. ‘‘(8) SUBSIDIARY.—The term ‘subsidiary’ in- Association’s financial safety and soundness, ‘‘(f) STRICT CONSTRUCTION.—Except as spe- cludes one or more direct or indirect subsidi- and to determine whether the requirements cifically set forth in this section, nothing in aries.’’. of this section and section 440 are being this section shall be construed to limit the (b) TECHNICAL AMENDMENTS.— met.’’; and authority of the Association as a federally (1) ELIGIBLE LENDER.— (ii) by adding at the end the following new chartered corporation, or of the Holding (A) AMENDMENTS TO THE HIGHER EDUCATION subparagraph: Company as a State or District of Columbia ACT.— ‘‘(D) ANNUAL ASSESSMENT.— chartered corporation. (i) DEFINITION OF ELIGIBLE LENDER.—Sec- ‘‘(i) IN GENERAL.—For each fiscal year be- ‘‘(g) RIGHT TO ENFORCE.—The Secretary of tion 435(d)(1)(F) of the Higher Education Act ginning on or after October 1, 1996, the Sec- Education or the Secretary of the Treasury, of 1965 (20 U.S.C. 1085(d)(1)(F)) is amended by retary of the Treasury may establish and as appropriate, may request that the Attor- inserting after ‘‘Student Loan Marketing As- collect from the Association an assessment ney General bring an action in the United sociation’’ the following: ‘‘or the Holding (or assessments) in amounts sufficient to States District Court for the District of Co- Company of the Student Loan Marketing As- provide for reasonable costs and expenses of lumbia for the enforcement of any provision sociation, including any subsidiary of the carrying out the duties of the Secretary of of this section, or may, under the direction Holding Company, created pursuant to sec- the Treasury under this section and section or control of the Attorney General, bring tion 440,’’. 440 during such fiscal year. In no event may such an action. Such court shall have juris- (ii) DEFINITION OF ELIGIBLE LENDER AND the total amount so assessed exceed, for any diction and power to order and require com- FEDERAL CONSOLIDATION LOANS.—Sections fiscal year, $800,000, adjusted for each fiscal pliance with this section. 435(d)(1)(G) and 428C(a)(1)(A) of such Act (20 year ending after September 30, 1997, by the ‘‘(h) DEADLINE FOR REORGANIZATION EFFEC- U.S.C. 1085(d)(1)(G) and 1078–3(a)(1)(A)) are ratio of the Consumer Price Index for All TIVE DATE.—This section shall be of no fur- each amended by inserting after ‘‘Student Urban Consumers (issued by the Bureau of ther force and effect in the event that the re- Loan Marketing Association’’ the following: Labor Statistics) for the final month of the organization effective date does not occur on ‘‘or the Holding Company of the Student fiscal year preceding the fiscal year for or before 18 months after the date of enact- Loan Marketing Association, including any which the assessment is made to the ment of this section. subsidiary of the Holding Company, created Consumer Price Index for All Urban Consum- ‘‘(i) DEFINITIONS.—For purposes of this sec- pursuant to section 440’’. ers for September 1997. tion: (B) EFFECTIVE DATE.—The amendments ‘‘(ii) DEPOSIT.—Amounts collected from as- ‘‘(1) ASSOCIATION.—The term ‘Association’ made by this paragraph shall take effect on sessments under this subparagraph shall be means the Student Loan Marketing Associa- the reorganization effective date as defined deposited in an account within the Treasury tion. in section 440(h) of the Higher Education Act of the United States as designated by the ‘‘(2) DISSOLUTION DATE.—The term ‘dissolu- of 1965 (as added by subsection (a)). Secretary of the Treasury and shall remain tion date’ means September 30, 2008, or such (2) ENFORCEMENT OF SAFETY AND SOUNDNESS available subject to amounts specified in ap- earlier date as the Secretary of Education REQUIREMENTS.—Section 439(r) of the Higher propriations Acts to carry out the duties of permits the transfer of remaining obliga- Education Act of 1965 (20 U.S.C. 1087–2(r)) is the Secretary of the Treasury under this tions in accordance with subsection (d). amended— subsection and section 440.’’; ‘‘(3) HOLDING COMPANY.—The term ‘Holding (A) in the first sentence of paragraph (12), (C) in paragraph (11), by striking ‘‘para- Company’ means the new business corpora- by inserting ‘‘or the Association’s associated graphs (4) and (6)(A)’’ and inserting ‘‘para- tion established pursuant to this section by persons’’ after ‘‘by the Association’’; graphs (4), (6)(A), and (14)’’; and the Association under the laws of any State (B) by redesignating paragraph (13) as (D) by inserting after paragraph (13) (as of the United States or the District of Co- paragraph (15); and added by paragraph (2)(C)) the following new lumbia for the purposes of the reorganization (C) by inserting after paragraph (12) the paragraph: and restructuring described in subsection (a). following new paragraph: ‘‘(14) ACTIONS BY SECRETARY.— September 12, 1996 CONGRESSIONAL RECORD — SENATE S10469

‘‘(A) IN GENERAL.—For any fiscal quarter ‘‘(1) APPLICATION OF PROVISIONS.—This substance satisfactory to the Secretary of the ending after January 1, 2000, the Association section applies beginning 18 months and one Treasury, the Association, and the appointed shall have a capital ratio of at least 2.25 per- day after the date of enactment of this sub- trustee, irrevocably transfer all remaining cent. The Secretary of the Treasury may, section if no reorganization of the Associa- obligations of the Association to a trust and whenever such capital ratio is not met, take tion occurs in accordance with the provi- irrevocably deposit or cause to be deposited any one or more of the actions described in sions of section 440. into such trust, to be held as trust funds paragraph (7), except that— ‘‘(2) SUNSET PLAN.— solely for the benefit of holders of the re- ‘‘(i) the capital ratio to be restored pursu- ‘‘(A) PLAN SUBMISSION BY THE ASSOCIA- maining obligations, money or direct non- ant to paragraph (7)(D) shall be 2.25 percent; TION.—Not later than July 1, 2007, the Asso- callable obligations of the United States or and ciation shall submit to the Secretary of the any agency thereof for which payment the ‘‘(ii) if the relevant capital ratio is in ex- Treasury and to the Chairman and Ranking full faith and credit of the United States is cess of or equal to 2 percent for such quarter, Member of the Committee on Labor and pledged, maturing as to principal and inter- the Secretary of the Treasury shall defer Human Resources of the Senate and the taking any of the actions set forth in para- Chairman and Ranking Member of the Com- est in such amounts and at such times as are graph (7) until the next succeeding quarter mittee on Economic and Educational Oppor- determined by the Secretary of the Treasury and may then proceed with any such action tunities of the House of Representatives, a to be sufficient, without consideration of any only if the capital ratio of the Association detailed plan for the orderly winding up, by significant reinvestment of such interest to remains below 2.25 percent. July 1, 2013, of business activities conducted pay the principal of, and interest on, the re- ‘‘(B) APPLICABILITY.—The provisions of pursuant to the charter set forth in this sec- maining obligations in accordance with their paragraphs (4), (5), (6), (8), (9), (10), and (11) tion. Such plan shall— terms. shall be of no further application to the As- ‘‘(i) ensure that the Association will have ‘‘(B) USE OF TRUST ASSETS.—All money, ob- sociation for any period after January 1, adequate assets to transfer to a trust, as pro- ligations, or financial assets deposited into 2000.’’. vided in this subsection, to ensure full pay- the trust pursuant to this subsection shall be (4) INFORMATION REQUIRED; DIVIDENDS.— ment of remaining obligations of the Asso- applied by the trustee to the payment of the Section 439(r) of the Higher Education Act of ciation in accordance with the terms of such remaining obligations assumed by the trust. 1965 (20 U.S.C. 1087–2(r)) is further amended— obligations; Upon the fulfillment of the trustee’s duties (A) by adding at the end of paragraph (2) ‘‘(ii) provide that all assets not used to pay under the trust, any remaining assets of the (as amended in paragraph (3)(B)(ii)) the fol- liabilities shall be distributed to sharehold- trust shall be transferred to the persons who, lowing new subparagraph: ers as provided in this subsection; and at the time of the dissolution, were the ‘‘(E) OBLIGATION TO OBTAIN, MAINTAIN, AND ‘‘(iii) provide that the operations of the As- shareholders of the Association, or to the REPORT INFORMATION.— sociation shall remain separate and distinct legal successors or assigns of such persons. ‘‘(i) IN GENERAL.—The Association shall ob- from that of any entity to which the assets ‘‘(C) OBLIGATIONS NOT TRANSFERRED TO THE tain such information and make and keep of the Association are transferred. TRUST.—The Association shall make proper such records as the Secretary of the Treas- ‘‘(B) AMENDMENT OF THE PLAN BY THE ASSO- provision for all other obligations of the As- ury may from time to time prescribe con- CIATION.—The Association shall from time to sociation, including the repurchase or re- cerning— time amend such plan to reflect changed cir- demption, or the making of proper provision ‘‘(I) the financial risk to the Association cumstances, and submit such amendments to for the repurchase or redemption, of any pre- resulting from the activities of any associ- the Secretary of the Treasury and to the ferred stock of the Association outstanding. ated person, to the extent such activities are Chairman and Ranking Minority Member of ‘‘(D) TRANSFER OF REMAINING ASSETS.— reasonably likely to have a material impact the Committee on Labor and Human Re- After compliance with subparagraphs (A) and on the financial condition of the Association, sources of the Senate and Chairman and including the Association’s capital ratio, the Ranking Minority Member of the Committee (C), the Association shall transfer to the Association’s liquidity, or the Association’s on Economic and Educational Opportunities shareholders of the Association any remain- ability to conduct and finance the Associa- of the House of Representatives. In no case ing assets of the Association. tion’s operations; and may any amendment extend the date for full ‘‘(4) RESTRICTIONS RELATING TO WINDING ‘‘(II) the Association’s policies, procedures, implementation of the plan beyond the dis- UP.— and systems for monitoring and controlling solution date provided in paragraph (3). ‘‘(A) RESTRICTIONS ON NEW BUSINESS ACTIV- any such financial risk. ‘‘(C) PLAN MONITORING.—The Secretary ITY OR ACQUISITION OF ASSETS BY THE ASSOCIA- ‘‘(ii) SUMMARY REPORTS.—The Secretary of shall monitor the Association’s compliance TION.— the Treasury may require summary reports with the plan and shall continue to review ‘‘(i) IN GENERAL.—Beginning on July 1, of such information to be filed no more fre- the plan (including any amendments there- 2009, the Association shall not engage in any quently than quarterly. If, as a result of ad- to). new business activities or acquire any addi- verse market conditions or based on reports ‘‘(D) AMENDMENT OF THE PLAN BY THE SEC- tional program assets (including acquiring provided pursuant to this subparagraph or RETARY OF THE TREASURY.—The Secretary of assets pursuant to contractual commit- other available information, the Secretary of the Treasury may require the Association to ments) described in subsection (d) other than the Treasury has concerns regarding the fi- amend the plan (including any amendments in connection with the Association— nancial or operational condition of the Asso- to the plan), if the Secretary of the Treasury ‘‘(I) serving as a lender of last resort pursu- ciation, the Secretary of the Treasury may, deems such amendments necessary to ensure ant to subsection (q); and notwithstanding the preceding sentence and full payment of all obligations of the Asso- ‘‘(II) purchasing loans insured under this clause (i), require the Association to make ciation. part, if the Secretary, with the approval of reports concerning the activities of any asso- ‘‘(E) IMPLEMENTATION BY THE ASSOCIA- the Secretary of the Treasury, enters into an ciated person, whose business activities are TION.—The Association shall promptly imple- agreement with the Association for the con- reasonably likely to have a material impact ment the plan (including any amendments to tinuation or resumption of the Association’s on the financial or operational condition of the plan, whether such amendments are secondary market purchase program because made by the Association or are required to the Association. the Secretary determines there is inadequate be made by the Secretary of the Treasury). ‘‘(iii) DEFINITION.—For purposes of this liquidity for loans made under this part. ‘‘(3) DISSOLUTION OF THE ASSOCIATION.—The subparagraph, the term ‘associated person’ ‘‘(ii) AGREEMENT.—The Secretary is au- Association shall dissolve and the Associa- means any person, other than a natural per- thorized to enter into an agreement de- tion’s separate existence shall terminate on son, directly or indirectly controlling, con- scribed in subclause (II) of clause (i) with the July 1, 2013, after discharge of all outstand- trolled by, or under common control with Association covering such secondary market the Association.’’; and ing debt obligations and liquidation pursuant to this subsection. The Association may activities. Any agreement entered into under (B) by adding at the end the following new such subclause shall cover a period of 12 paragraph: dissolve pursuant to this subsection prior to such date by notifying the Secretary of Edu- months, but may be renewed if the Secretary ‘‘(16) DIVIDENDS.—The Association may pay determines that liquidity remains inad- dividends in the form of cash or noncash dis- cation and the Secretary of the Treasury of the Association’s intention to dissolve, un- equate. The fee provided under subsection tributions so long as at the time of the dec- (h)(7) shall not apply to loans acquired under laration of such dividends, after giving effect less within 60 days of receipt of such notice any such agreement with the Secretary. to the payment of such dividends as of the the Secretary of Education notifies the Asso- ‘‘(B) ISSUANCE OF DEBT OBLIGATIONS DURING date of such declaration by the Board of Di- ciation that the Association continues to be THE WIND UP PERIOD; ATTRIBUTES OF DEBT OB- rectors of the Association, the Association’s needed to serve as a lender of last resort pur- LIGATIONS.—The Association shall not issue capital would be in compliance with the cap- suant to subsection (q) or continues to be debt obligations which mature later than ital standards set forth in this section.’’. needed to purchase loans under an agree- (c) SUNSET OF THE ASSOCIATION’S CHARTER ment with the Secretary described in para- July 1, 2013, except in connection with serv- IF NO REORGANIZATION PLAN OCCURS.—Sec- graph (4)(A). On the dissolution date, the As- ing as a lender of last resort pursuant to sub- tion 439 of the Higher Education Act of 1965 sociation shall take the following actions: section (q) or with purchasing loans under an (20 U.S.C. 1087–2) is amended by adding at the ‘‘(A) ESTABLISHMENT OF A TRUST.—The As- agreement with the Secretary as described in end the following new subsections: sociation shall, under the terms of an irrev- subparagraph (A). Nothing in this subsection ‘‘(s) CHARTER SUNSET.— ocable trust agreement in form and sub- shall modify the attributes accorded the debt S10470 CONGRESSIONAL RECORD — SENATE September 12, 1996 obligations of the Association by this sec- term is defined in section 622 of title 2, Unit- (ii) the Corporation is not an instrumental- tion, regardless of whether such debt obliga- ed States Code. ity of the United States. tions are transferred to a trust in accordance (B) STUDENT LOAN MARKETING ASSOCIA- (B) ADDITIONAL NOTICE.—During the five- with paragraph (3). TION.—The Student Loan Marketing Associa- year period following the sale of stock pursu- ‘‘(C) USE OF ASSOCIATION NAME.—The Asso- tion shall not increase its share of the own- ant to subsection (c)(1), in addition to the ciation may not transfer or permit the use of ership of the Corporation in excess of 42 per- notice requirements in subparagraph (A), the the name ‘Student Loan Marketing Associa- cent of the shares of stock of the Corpora- Corporation shall include, in each of the con- tion’, ‘Sallie Mae’, or any variation thereof, tion outstanding on the date of enactment of tracts and documents referred to in such to or by any entity other than a subsidiary this Act. The Student Loan Marketing Asso- subparagraph, a prominent statement proof the Association.’’. ciation shall not control the operation of the viding notice that the United States is not (d) REPEALS.— Corporation, except that the Student Loan an investor in the Corporation. (1) IN GENERAL.—Sections 439 of the Higher Marketing Association may participate in (2) CORPORATE CHARTER.—The Corpora- Education Act of 1965 (20 U.S.C. 1087–2) and the election of directors as a shareholder, tion’s charter shall be amended as necessary 440 of such Act (as added by subsection (a) of and may continue to exercise the Student and without delay to conform to the require- this section) are repealed. Loan Marketing Association’s right to ap- ments of this section. (2) EFFECTIVE DATE.—The repeals made by point directors under section 754 of the High- (3) CORPORATE NAME.—The name of the paragraph (1) shall be effective one year er Education Act of 1965 (20 U.S.C. 1132f–3) as Corporation, or of any direct or indirect sub- after— long as that section is in effect. sidiary thereof, may not contain the term (A) the dissolution date, as such term is (C) PROHIBITION.—Until such time as the ‘‘College Construction Loan Insurance Asso- defined in section 440(i)(2) of the Higher Edu- Secretary of the Treasury sells the stock of ciation’’, or any substantially similar vari- cation Act of 1965 (as added by subsection the Corporation owned by the Secretary of ation thereof. (a)), if a reorganization occurs in accordance Education pursuant to subsection (c), the (4) ARTICLES OF INCORPORATION.—The Cor- with section 440 of such Act; or Student Loan Marketing Association shall poration shall amend the Corporation’s arti- (B) the date the Association is dissolved not provide financial support or guarantees cles of incorporation without delay to reflect pursuant to section 439(s) of such Act (as to the Corporation. that one of the purposes of the Corporation added by subsection (c)), if a reorganization (D) FINANCIAL SUPPORT OR GUARANTEES.— shall be to guarantee, insure, and reinsure does not occur in accordance with section 440 After the Secretary of the Treasury sells the bonds, leases, and other evidences of debt of of such Act. stock of the Corporation owned by the Sec- educational institutions, including Histori- (e) ASSOCIATION NAMES.—Upon dissolution retary of Education pursuant to subsection cally Black Colleges and Universities and in accordance with section 439 of the Higher (c), the Student Loan Marketing Association other academic institutions which are Education Act of 1965 (20 U.S.C. 1087–2), the may provide financial support or guarantees ranked in the lower investment grade cat- names ‘‘Student Loan Marketing Associa- to the Corporation, if such support or guar- egory using a nationally recognized credit tion’’, ‘‘Sallie Mae’’, and any variations antees are subject to terms and conditions rating system. that are no more advantageous to the Cor- thereof may not be used by any entity en- (5) REQUIREMENTS UNTIL STOCK SALE.—Not- gaged in any business similar to the business poration than the terms and conditions the withstanding subsection (d), the require- Student Loan Marketing Association pro- conducted pursuant to section 439 of such ments of sections 754 and 760 of the Higher vides to other entities, including, where ap- Act (as such section was in effect on the date Education Act of 1965 (20 U.S.C. 1132f–3 and plicable, other monoline financial guaranty of enactment of this Act) without the ap- 1132f–9), as such sections were in effect on corporations in which the Student Loan proval of the Secretary of the Treasury. the day before the date of enactment of this Marketing Association has no ownership in- ll Act, shall continue to be effective until the SEC. 402. CONNIE LEE PRIVATIZATION. terest. day immediately following the date of clos- (a) STATUS OF THE CORPORATION AND COR- (4) NO FEDERAL GUARANTEE.— ing of the purchase of the Secretary of Edu- PORATE POWERS; OBLIGATIONS NOT FEDER- (A) OBLIGATIONS INSURED BY THE CORPORA- cation’s stock (or the date of closing of the ALLY GUARANTEED.— TION.— final purchase, in the case of multiple trans- (1) STATUS OF THE CORPORATION.—The Cor- (i) FULL FAITH AND CREDIT OF THE UNITED actions) pursuant to subsection (c)(1) of this poration shall not be an agency, instrumen- STATES.—No obligation that is insured, guar- tality, or establishment of the United States anteed, or otherwise backed by the Corpora- Act. Government, nor a Government corporation, tion shall be deemed to be an obligation that (c) SALE OF FEDERALLY OWNED STOCK.— nor a Government controlled corporation, as is guaranteed by the full faith and credit of (1) SALE OF STOCK REQUIRED.—The Sec- such terms are defined in section 103 of title the United States. retary of the Treasury shall sell, pursuant to 5, United States Code. No action under sec- (ii) STUDENT LOAN MARKETING ASSOCIA- section 324 of title 31, United States Code, tion 1491 of title 28, United States Code (com- TION.—No obligation that is insured, guaran- the stock of the Corporation owned by the monly known as the Tucker Act) shall be al- teed, or otherwise backed by the Corporation Secretary of Education as soon as possible lowable against the United States based on shall be deemed to be an obligation that is after the date of enactment of this Act, but the actions of the Corporation. guaranteed by the Student Loan Marketing not later than six months after such date. (2) CORPORATE POWERS.—The Corporation Association. (2) PURCHASE BY THE CORPORATION.—In the shall be subject to the provisions of this sec- (iii) SPECIAL RULE.—This paragraph shall event that the Secretary of the Treasury is tion, and, to the extent not inconsistent with not affect the determination of whether such unable to sell the stock, or any portion this section, to the District of Columbia obligation is guaranteed for purposes of Fed- thereof, at a price acceptable to the Sec- Business Corporation Act (or the comparable eral income taxes. retary of Education and the Secretary of the law of another State, if applicable). The Cor- (B) SECURITIES OFFERED BY THE CORPORA- Treasury, the Corporation shall purchase, poration shall have the powers conferred TION.—No debt or equity securities of the within six months after the date of enact- upon a corporation by the District of Colum- Corporation shall be deemed to be guaran- ment of this Act, such stock at a price deter- bia Business Corporation Act (or such other teed by the full faith and credit of the United mined by the Secretary of the Treasury and applicable State law) as from time to time in States. acceptable to the Corporation based on the effect in order to conduct the Corporation’s (5) DEFINITION.—The term ‘‘Corporation’’ independent appraisal of one or more nation- affairs as a private, for-profit corporation as used in this section means the College ally recognized financial firms, except that and to carry out the Corporation’s purposes Construction Loan Insurance Association as such price shall not exceed the value of the and activities incidental thereto. The Cor- in existence on the day before the date of en- Secretary of Education’s stock as deter- poration shall have the power to enter into actment of this Act, and any successor cor- mined by the Congressional Budget Office in contracts, to execute instruments, to incur poration. House Report 104–153, dated June 22, 1995. liabilities, to provide products and services, (b) RELATED PRIVATIZATION REQUIRE- (3) REIMBURSEMENT OF COSTS OF SALE.—The and to do all things as are necessary or inci- MENTS.— Secretary of the Treasury shall be reim- dental to the proper management of the Cor- (1) NOTICE REQUIREMENTS.— bursed from the proceeds of the sale of the poration’s affairs and the efficient operation (A) IN GENERAL.—During the six-year pe- stock under this subsection for all reason- of a private, for-profit business. riod following the date of enactment of this able costs related to such sale, including all (3) LIMITATION ON OWNERSHIP OF STOCK.— Act, the Corporation shall include, in each of reasonable expenses relating to one or more (A) SECRETARY OF THE TREASURY.—The the Corporation’s contracts for the insur- independent appraisals under this sub- Secretary of the Treasury, in completing the ance, guarantee, or reinsurance of obliga- section. sale of stock pursuant to subsection (c), may tions, and in each document offering debt or (4) ASSISTANCE BY THE CORPORATION.—The not sell or issue the stock held by the Sec- equity securities of the Corporation, a Corporation shall provide such assistance as retary of Education to an agency, instru- prominent statement providing notice that— the Secretary of the Treasury and the Sec- mentality, or establishment of the United (i) such obligations or such securities, as retary of Education may require to facilitate States Government, or to a Government cor- the case may be, are not obligations of the the sale of the stock under this subsection. poration or a Government controlled cor- United States, nor are such obligations or (d) REPEAL OF STATUTORY RESTRICTIONS poration, as such terms are defined in sec- such securities, as the case may be, guaran- AND RELATED PROVISIONS.—Part D of title tion 103 of title 5, United States Code, or to teed in any way by the full faith and credit VII of the Higher Education Act of 1965 (20 a government-sponsored enterprise as such of the United States; and U.S.C. 1001 et seq.) is repealed. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10471 SEC. ll403. ELIGIBLE INSTITUTION. (12) Part A of title V (20 U.S.C. 1102 et seq.), lowing provisions of the Higher Education (a) AMENDMENTS.—Section 481(b) of the relating to State and local programs for Amendments of 1992 are repealed: Higher Education Act of 1965 (20 U.S.C. teacher excellence. (1) Part F of title XIII (25 U.S.C. 3351 et 1088(b)) is amended by inserting after the end (13) Part B of title V (20 U.S.C. 1103 et seq.), seq.), relating to American Indian post- of the first sentence the following new sen- relating to national teacher academies. secondary economic development scholar- tence: ‘‘For the purposes of determining (14) Subpart 1 of part C of title V (20 U.S.C. ships. whether an institution meets the require- 1104 et seq.), relating to Paul Douglas teach- (2) Part G of title XIII (25 U.S.C. 3371), re- ments of clause (6), the Secretary shall not er scholarships. lating to American Indian teacher training. consider the financial information of any in- (15) Subpart 3 of part C of title V (20 U.S.C. (3) Section 1406 (20 U.S.C. 1221e–1 note), restitution for a fiscal year that began on or 1106 et seq.), relating to the teacher corps. lating to a national survey of factors associ- before April 30, 1994.’’. (16) Subpart 3 of part D of title V (20 U.S.C. ated with participation. (4) Section 1409 (20 U.S.C. 1132a note), relat- (b) EFFECTIVE DATE.—The amendments 1109 et seq.), relating to class size demonstra- made by subsection (a) shall apply to any de- tion grants. ing to a study of environmental hazards in termination made on or after July 1, 1994, by (17) Subpart 4 of part D of title V (20 U.S.C. institutions of higher education. the Secretary of Education pursuant to sec- 1110 et seq.), relating to middle school teach- (5) Section 1412 (20 U.S.C. 1101 note), relat- tion 481(b)(6) of the Higher Education Act of ing demonstration programs. ing to a national job bank for teacher re- 1965 (20 U.S.C. 1088(b)(6)). (18) Subpart 1 of part E of title V (20 U.S.C. cruitment. 1111 et seq.), relating to new teaching ca- (6) Part B of title XV (20 U.S.C. 1452 note), TITLE V—REPEALS AND CONFORMING reers. relating to a national clearinghouse for post- AMENDMENTS (19) Subpart 1 of part F of title V (20 U.S.C. secondary education materials. SEC. ll501. REPEALS. 1113), relating to the national mini corps pro- (7) Part C of title XV (20 U.S.C. 1101 note), grams. relating to a school-based decisionmakers (a) GENERAL IMMEDIATE REPEALS.—The following provisions are repealed: (20) Section 586 (20 U.S.C. 1114), relating to demonstration program. (1) Section 204 of the Immigration Reform demonstration grants for critical language (8) Part D of title XV (20 U.S.C. 1145h note), and Control Act of 1986 (8 U.S.C. 1255a note). and area studies. relating to grants for sexual offenses edu- (2) Title II of Public Law 95–250 (92 Stat. (21) Section 587 (20 U.S.C. 1114a), relating cation. 172). to development of foreign languages and cul- (9) Part E of title XV (20 U.S.C. 1070 note), (3) The Library Services and Construction tures instructional materials. relating to Olympic scholarships. Act (20 U.S.C. 351 et seq.). (22) Subpart 3 of part F of title V (20 U.S.C. (10) Part G of title XV (20 U.S.C. 1070a–11 (4) Part F of the Technology for Education 1115), relating to small State teaching initia- note), relating to advanced placement fee Act of 1994 (contained in title III of the Ele- tives. payment programs. (f) SUBSEQUENT REPEALS.—The following mentary and Secondary Education Act of (23) Subpart 4 of part F of title V (20 U.S.C. provisions are repealed: 1965 (20 U.S.C. 7001 et seq.)). 1116), relating to faculty development grants. (1) The Carl D. Perkins Vocational and Ap- (5) The School Dropout Assistance Act (24) Section 597 and subsection (b) of sec- plied Technology Education Act (20 U.S.C. (part C of title V of the Elementary and Sec- tion 599 (20 U.S.C. 1117a and 1117c), relating 2301 et seq.). ondary Education Act of 1965 (20 U.S.C. 7261 to early childhood staff training and profes- (2) The Adult Education Act (20 U.S.C. 1201 et seq.)). sional enhancement. et seq.). (6) The Displaced Homemakers Self-Suffi- (25) Section 605 (20 U.S.C. 1124a), relating (3) The School-to-Work Opportunities Act ciency Assistance Act (29 U.S.C. 2301 et seq.). to intensive summer language institutes. of 1994 (20 U.S.C. 6101 et seq.). (7) Section 211 of the Appalachian Regional (26) Section 607 (20 U.S.C. 1125a), relating (4) The Job Training Partnership Act (29 Development Act of 1965 (40 U.S.C. App. 211). to periodicals and other research material U.S.C. 1501 et seq.). (8) Title VII of the Stewart B. McKinney published outside the United States. SEC. ll502. CONFORMING AMENDMENTS. Homeless Assistance Act (42 U.S.C. 11421 et (27) Part A of title VII (20 U.S.C. 1132b et (a) REFERENCES TO SECTION 204 OF THE IM- seq.), except subtitle B and section 738 of seq.), relating to improvement of academic MIGRATION REFORM AND CONTROL ACT OF such title (42 U.S.C. 11431 et seq. and 11448). and library facilities. (28) Title VIII (20 U.S.C. 1133 et seq.), relat- 1986.—The table of contents for the Immigra- (9) Section 201 of the National Literacy Act tion Reform and Control Act of 1986 is of 1991 (20 U.S.C. 1211–1). ing to cooperative education programs. (29) Part A of title IX (20 U.S.C. 1134a et amended by striking the item relating to (10) Section 304 of the National Literacy section 204 of such Act. Act of 1991 (20 U.S.C. 1213c note). seq.), relating to grants to institutions and consortia to encourage women and minority (b) REFERENCES TO TITLE II OF PUBLIC LAW (b) IMMEDIATE REPEAL OF HIGHER EDU- participation in graduate education. 95–250.—Section 103 of Public Law 95–250 (16 CATION ACT OF 1965 PROVISIONS.—The follow- (30) Part B of title IX (20 U.S.C. 1134d et U.S.C. 79l) is amended— ing provisions of the Higher Education Act seq.), relating to the Patricia Roberts Harris (1) by striking the second sentence of sub- of 1965 (20 U.S.C. 1001 et seq.) are repealed: fellowship program. section (a); and (1) Part B of title I (20 U.S.C. 1011 et seq.), (31) Part E of title IX (20 U.S.C. 1134r et (2) by striking the second sentence of sub- relating to articulation agreements. seq.), relating to the faculty development section (b). (2) Part C of title I (20 U.S.C. 1015 et seq.), (c) REFERENCES TO LIBRARY SERVICES AND fellowship program. relating to access and equity to education CONSTRUCTION ACT.— (32) Part F of title IX (20 U.S.C. 1134s et for all Americans through telecommuni- (1) TECHNOLOGY FOR EDUCATION ACT OF seq.), relating to assistance for training in cations. 1994.—The Technology for Education Act of the legal profession. (3) Title II (20 U.S.C. 1021 et seq.), relating 1994 (20 U.S.C. 6801 et seq.) is amended in sec- (33) Subpart 2 of part B of title X (20 U.S.C. to academic libraries and information serv- tion 3113(10) by striking ‘‘section 3 of the Li- 1135c et seq.), relating to science and engi- ices. brary Services and Construction Act;’’ and neering access programs. (4) Chapter 3 of subpart 2 of part A of title inserting ‘‘section ll004 of the Workforce (34) Part C of title X (20 U.S.C. 1135e et IV (20 U.S.C. 1070a–31 et seq.), relating to and Career Development Act of 1996;’’. seq.), relating to women and minorities presidential access scholarships. (2) OMNIBUS EDUCATION RECONCILIATION ACT science and engineering outreach demonstra- (5) Chapter 4 of subpart 2 of part A of title OF 1981.—Section 528 of the Omnibus Edu- tion programs. IV (20 U.S.C. 1070a–41 et seq.), relating to cation Reconciliation Act of 1981 (20 U.S.C. (35) Part D of title X (20 U.S.C. 1135f), relat- model program community partnerships and 3489) is amended— ing to the Dwight D. Eisenhower leadership counseling grants. (A) by striking paragraph (12); and program. (6) Section 409B (20 U.S.C. 1070a–52), relat- (B) by redesignating paragraphs (13) (c) IMMEDIATE REPEAL OF EDUCATION ing to an early awareness information pro- AMENDMENTS OF 1986 PROVISIONS.—The fol- through (15) as paragraphs (12) through (14), gram. lowing provisions of the Higher Education respectively. (7) Chapter 8 of subpart 2 of part A of title Amendments of 1986 are repealed: (3) ELEMENTARY AND SECONDARY EDUCATION IV (20 U.S.C. 1070a–81), relating to technical (1) Part D of title XIII (20 U.S.C. 1029 note), ACT OF 1965.—Section 3113(10) of the Elemen- assistance for teachers and counselors. relating to library resources. tary and Secondary Education Act of 1965 (20 (8) Subpart 8 of part A of title IV (20 U.S.C. (2) Part E of title XIII (20 U.S.C. 1221–1 U.S.C. 6813(10)) is amended by striking ‘‘sec- 1070f), relating to special child care services note), relating to a National Academy of tion 3 of the Library Services and Construc- for disadvantaged college students. Science study. tion Act’’ and inserting ‘‘section 213 of the (9) Section 428J (20 U.S.C. 1078–10), relating (3) Part B of title XV (20 U.S.C. 4441 et Library Services and Technology Act’’. to loan forgiveness for teachers, individuals seq.), relating to Native Hawaiian and Alas- (4) COMMUNITY IMPROVEMENT VOLUNTEER performing national community service and ka Native culture and art development. ACT OF 1994.—Section 7305 of the Community nurses. (d) IMMEDIATE REPEAL OF EDUCATION Improvement Volunteer Act of 1994 (40 U.S.C. (10) Section 486 (20 U.S.C. 1093), relating to AMENDMENTS OF 1974 PROVISION.—Section 519 276d–3) is amended— training in financial aid services. of the Education Amendments of 1974 (20 (A) by striking paragraph (1); and (11) Subpart 1 of part H of title IV (20 U.S.C. 1221i) is repealed. (B) by redesignating paragraphs (2) U.S.C. 1099a et seq.) relating to State post- (e) IMMEDIATE REPEAL OF EDUCATION through (6) as paragraphs (1) through (5), re- secondary review programs. AMENDMENTS OF 1992 PROVISIONS.—The fol- spectively. S10472 CONGRESSIONAL RECORD — SENATE September 12, 1996

(5) APPALACHIAN REGIONAL DEVELOPMENT (B) Section 10412(b) of such Act (20 U.S.C. (i) REFERENCES TO CARL D. PERKINS VOCA- ACT OF 1965.—Section 214(c) of the Appalach- 8102(b)) is amended— TIONAL AND APPLIED TECHNOLOGY EDUCATION ian Regional Development Act of 1965 (40 (i) in paragraph (2), by striking ‘‘the Direc- ACT.— U.S.C. App. 214(c)) is amended by striking tor of the Institute of Museum Services,’’ (1) IMMIGRATION AND NATIONALITY ACT.— ‘‘Library Services and Construction Act;’’. and inserting ‘‘the Director of the Institute Section 245A(h)(4)(C) of the Immigration and (6) DEMONSTRATION CITIES AND METROPOLI- of Museum and Library Services,’’; and Nationality Act (8 U.S.C. 1255a(h)(4)(C)) is TAN DEVELOPMENT ACT OF 1966.—Section 208(2) (ii) in paragraph (7), by striking ‘‘the Di- amended by striking ‘‘Vocational Education of the Demonstration Cities and Metropoli- rector of the Institute of Museum Services,’’ Act of 1963’’ and inserting ‘‘Workforce and tan Development Act of 1966 (42 U.S.C. and inserting ‘‘the Director of the Institute Career Development Act of 1996’’. 3338(2)) is amended by striking ‘‘title II of of Museum and Library Services,’’. (2) NATIONAL DEFENSE AUTHORIZATION the Library Services and Construction Act;’’. (C) Section 10414(a)(2)(B) of such Act (20 ACT.—Section 4461 of the National Defense (7) PUBLIC LAW 87–688.—Subsection (c) of the U.S.C. 8104(a)(2)(B)) is amended by striking Authorization Act for Fiscal Year 1993 (10 first section of the Act entitled ‘‘An Act to clause (iii) and inserting the following new U.S.C. 1143 note) is amended— extend the application of certain laws to clause: (A) by striking paragraph (4); and American Samoa’’, approved September 25, ‘‘(iii) the Institute of Museum and Library (B) by redesignating paragraphs (5) and (6) 1962 (48 U.S.C. 1666(c)) is amended by striking Services.’’. as paragraphs (4) and (5), respectively. ‘‘the Library Services Act (70 Stat. 293; 20 (g) REFERENCES TO OFFICE OF LIBRARIES (3) INDIVIDUALS WITH DISABILITIES EDU- U.S.C. 351 et seq.),’’. AND LEARNING RESOURCES.—Section 413(b)(1) CATION ACT.—Section 626(g) of the Individuals (8) COMMUNICATIONS ACT OF 1934.—Paragraph of the Department of Education Organiza- with Disabilities Education Act (20 U.S.C. (4) of section 254(h) of the Communications tion Act (20 U.S.C. 3473(b)(1)) is amended— 1425(g)) is amended— Act of 1934 (47 U.S.C. 254(h)(4)) is amended by (1) by striking subparagraph (H); and (A) by striking ‘‘1973,’’ and inserting ‘‘1973 striking ‘‘library not eligible for participa- (2) by redesignating subparagraphs (I) and’’; and tion in State-based plans for funds under through (M) as subparagraphs (H) through (B) by striking ‘‘, and the Carl D. Perkins title III of the Library Services and Con- (L), respectively. Vocational and Applied Technology Edu- (h) REFERENCES TO STATE POSTSECONDARY struction Act (20 U.S.C. 335c et seq.)’’ and in- cation Act’’. REVIEW ENTITY PROGRAMS.—The Higher Edu- (4) ELEMENTARY AND SECONDARY EDUCATION serting ‘‘library or library consortium not cation Act of 1965 is amended— eligible for assistance from a State library ACT OF 1965.—The Elementary and Secondary (1) in section 356(b)(2) (20 U.S.C. 10696(b)), Education Act of 1965 (20 U.S.C. 6301 et seq.) administrative agency under the Library by striking ‘‘II,’’; Services and Technology Act’’. is amended— (2) in section 453(c)(2) (20 U.S.C. (A) in section 1114(b)(2)(C)(v) (20 U.S.C. (d) REFERENCE TO SCHOOL DROPOUT ASSIST- 1087c(c)(2))— 6314(b)(2)(C)(v)), by striking ‘‘Carl D. Perkins ANCE ACT.—Section 441 of the General Edu- (A) by striking subparagraph (E); and Vocational and Applied Technology Edu- cation Provisions Act (42 U.S.C. 1232d), as (B) by redesignating subparagraphs (F) cation Act,’’ and inserting ‘‘Workforce and amended by section 261(f) of the Improving through (H) as subparagraphs (E) through Career Development Act of 1996’’; America’s Schools Act of 1994, is further (G), respectively; (B) in section 9115(b)(5) (20 U.S.C. amended by striking ‘‘(subject to the provi- (3) in section 487(a)(3) (20 U.S.C. 1094(a)(3)), 7815(b)(5)), by striking ‘‘Carl D. Perkins Vo- sions of part C of title V of the Elementary by striking subparagraph (B) and redesignat- cational and Applied Technology Education and Secondary Education Act of 1965)’’. ing subparagraphs (C) and (D) as subpara- Act’’ and inserting ‘‘Workforce and Career (e) REFERENCES TO TITLE VII OF THE STEW- graphs (B) and (C), respectively; Development Act of 1996’’; ART B. MCKINNEY HOMELESS ASSISTANCE (4) in section 487(a)(15) (20 U.S.C. (C) in section 14302(a)(2) (20 U.S.C. ACT.— 1094(a)(15)), by striking ‘‘the Secretary of 8852(a)(2))— (1) TABLE OF CONTENTS.—The table of con- Veterans Affairs, and State review entities (i) by striking subparagraph (C); and tents of the Stewart B. McKinney Homeless under subpart 1 of part H’’ and inserting (ii) by redesignating subparagraphs (D), Assistance Act (42 U.S.C. 1142 et seq.) is ‘‘and the Secretary of Veterans Affairs’’; (E), and (F) as subparagraphs (C), (D), and amended by striking the items relating to (5) in section 487(a)(21) (20 U.S.C. (E), respectively; and title VII of such Act, except subtitle B and 1094(a)(21)), by striking ‘‘, State postsecond- (D) in the matter preceding subparagraph section 738 of such title. ary review entities,’’; (A) of section 14307(a)(1) (20 U.S.C. 8857(a)(1)), (2) TITLE 31, UNITED STATES CODE.—Section (6) in section 487(c)(1)(A)(i) (20 U.S.C. by striking ‘‘Carl D. Perkins Vocational and 6703(a) of title 31, United States Code, is 1094(c)(1)(A)(i)), by striking ‘‘State agencies, Applied Technology Education Act’’ and in- amended— and the State review entities referred to in serting ‘‘Workforce and Career Development (A) by striking paragraph (15); and subpart 1 of part H’’ and inserting ‘‘and Act of 1996’’. (B) by redesignating paragraphs (16) State agencies’’; (5) EQUITY IN EDUCATIONAL LAND-GRANT through (19) as paragraphs (15) through (18), (7) in section 487(c)(4) (20 U.S.C. 1094(c)(4)), STATUS ACT OF 1994.—Section 533(c)(4)(A) of respectively. by striking ‘‘, after consultation with each the Equity in Educational Land-Grant Sta- (f) REFERENCES TO INSTITUTE OF MUSEUM State review entity designated under subpart tus Act of 1994 (7 U.S.C. 301 note) is amended SERVICES.— 1 of part H,’’; by striking ‘‘(20 U.S.C. 2397h(3)’’ and insert- (1) TITLE 5, UNITED STATES CODE.—Section (8) in section 487(c)(5) (20 U.S.C. 1094(c)(5)), ing ‘‘, as such section was in effect on the 5315 of title 5, United States Code, is amend- by striking ‘‘State review entities designated day preceding the date of enactment of the ed by striking the following: under subpart 1 of part H,’’; Workforce and Career Development Act of ‘‘Director of the Institute of Museum Serv- (9) in section 496(a)(7) (20 U.S.C. 1996’’. ices.’’ and inserting the following: 1099b(a)(7)), by striking ‘‘and the appropriate (6) IMPROVING AMERICA’S SCHOOLS ACT OF ‘‘Director of the Institute of Museum and State postsecondary review entity’’; 1994.—Section 563 of the Improving America’s Library Services.’’. (10) in section 496(a)(8) (20 U.S.C. Schools Act of 1994 (20 U.S.C. 6301 note) is (2) DEPARTMENT OF EDUCATION ORGANIZA- 1099b(a)(8)), by striking ‘‘and the State post- amended by striking ‘‘the date of enactment TION ACT.—Section 301 of the Department of secondary review entity of the State in of an Act reauthorizing the Carl D. Perkins Education Organization Act (20 U.S.C. 3441) which the institution of higher education is Vocational and Applied Technology Edu- is amended— located’’; cation Act (20 U.S.C. 2301 et seq.)’’ and in- (A) in subsection (a)— (11) in section 498(g)(2) (20 U.S.C. serting ‘‘July 1, 1998’’. (i) by striking paragraph (5); and 1099c(g)(2)), by striking everything after the (7) INTERNAL REVENUE CODE OF 1986.—Sec- (ii) by redesignating paragraphs (6) and (7) first sentence; tion 135(c)(3)(B) of the Internal Revenue Code as paragraphs (5) and (6), respectively; and (12) in section 498A(a)(2)(D) (20 U.S.C. of 1986 (26 U.S.C. 135(c)(3)(B)) is amended— (B) in subsection (b)— 1099c–1(a)(2)(D)), by striking ‘‘by the appro- (A) by striking ‘‘subparagraph (C) or (D) of (i) by striking paragraph (4); and priate State postsecondary review entity section 521(3) of the Carl D. Perkins Voca- (ii) by redesignating paragraphs (5) designated under subpart 1 of this part or’’; tional Education Act’’ and inserting ‘‘sub- through (7) as paragraphs (4) through (6), re- (13) in section 498A(a)(2) (20 U.S.C. 1099c– paragraph (C) or (D) of section ll004(4) of spectively. 1(a)(2))— the Workforce and Career Development Act (3) ELEMENTARY AND SECONDARY EDUCATION (A) by inserting ‘‘and’’ after the semicolon of 1996’’; and ACT OF 1965.— at the end of subparagraph (E); (B) by striking ‘‘any State (as defined in (A) Sections 2101(b), 2205(c)(1)(D), (B) by striking subparagraph (F); and section 521(27) of such Act)’’ and inserting 2208(d)(1)(H)(v), and 2209(b)(1)(C)(vi), and sub- (C) by redesignating subparagraph (G) as ‘‘any State or outlying area (as the terms sections (d)(6) and (e)(2) of section 10401 of subparagraph (F); and ‘State’ and ‘outlying area’ are defined in sec- the Elementary and Secondary Education (14) in section 498A(a)(3) (20 U.S.C. 1099c– tion ll004 of such Act)’’. Act of 1965 (20 U.S.C. 6621(b), 6645(c)(1)(D), 1(a)(3))— (8) APPALACHIAN REGIONAL DEVELOPMENT 6648(d)(1)(H)(v), 6649(b)(1)(C)(vi), and 8091 (A) by inserting ‘‘and’’ after the semicolon ACT OF 1965.—Section 214(c) of the Appalach- (d)(6) and (e)(2)) are amended by striking at the end of subparagraph (C); ian Regional Development Act of 1965 (40 ‘‘the Institute of Museum Services’’ and in- (B) by striking ‘‘; and’’ at the end of sub- U.S.C. App. 214(c)) (as amended by subsection serting ‘‘the Institute of Museum and Li- paragraph (D) and inserting a period; and (c)(5)) is further amended by striking ‘‘Carl brary Services’’. (C) by striking subparagraph (E). D. Perkins Vocational Education Act’’ and September 12, 1996 CONGRESSIONAL RECORD — SENATE S10473

inserting ‘‘Workforce and Career Develop- (3) SECTION 9115 OF ESEA.—Section 9115(b)(5) (C) SECTION 17.—The second sentence of sec- ment Act of 1996’’. of such Act (20 U.S.C. 7815(b)(5)) (as amended tion 17(b)(2) of the Food Stamp Act of 1977 (7 (9) VOCATIONAL EDUCATION AMENDMENTS OF in subsection (i)(4)(B)) is further amended by U.S.C. 2026(b)(2)) is amended— 1968.—Section 104 of the Vocational Edu- striking ‘‘the School-to-Work Opportunities (i) by striking ‘‘to accept an offer of em- cation Amendments of 1968 (82 Stat. 1091) is Act of 1994 and’’. ployment from a political subdivision or a amended by striking ‘‘section 3 of the Carl D. (4) SECTION 14302 OF ESEA.—Section prime sponsor pursuant to the Comprehen- Perkins Vocational Education Act’’ and in- 14302(a)(2) of such Act (20 U.S.C. 8852(a)(2)) sive Employment and Training Act of 1973, serting ‘‘the Workforce and Career Develop- (as amended in subsection (i)(4)(C)) is further as amended (29 U.S.C. 812),’’ and inserting ment Act of 1996’’. amended— ‘‘to accept an offer of employment from a (10) OLDER AMERICANS ACT OF 1965.—The (A) in subparagraph (C) (as redesignated in service provider carrying out employment Older Americans Act of 1965 (42 U.S.C. 3001 et such subsection), by striking the semicolon and training activities through a program seq.) is amended— and inserting ‘‘; and’’; carried out under the Workforce and Career (A) in section 502(b)(1)(N)(i) (42 U.S.C. (B) by striking subparagraph (D) (as redes- Development Act of 1996,’’; and 3056(b)(1)(N)(i)), by striking ‘‘or the Carl D. ignated in such subsection); and (ii) by striking ‘‘: Provided, That all of the Perkins Vocational and Applied Technology (C) by redesignating subparagraph (E) (as political subdivision’s’’ and all that follows Education Act (20 U.S.C. 2301 et seq.)’’; and redesignated in such subsection) as subpara- and inserting ‘‘, if all of the jobs supported (B) in section 505(d)(2) (42 U.S.C. graph (D). under the program have been made available 3056c(d)(2))— (5) SECTION 14307 OF ESEA.—Section to participants in the program before the (i) by striking ‘‘the Secretary of Edu- 14307(a)(1) of such Act (20 U.S.C. 8857(a)(1)) service provider providing the jobs extends cation’’ and inserting ‘‘the Secretaries (as (as amended in subsection (i)(4)(D)) is further an offer of employment under this para- defined in section ll004 of the Workforce amended by striking ‘‘, the School-to-Work graph, and if the service provider, in employ- and Career Development Act of 1996)’’; Opportunities Act of 1994,’’. ing the person, complies with the require- (ii) by striking ‘‘employment and training (6) SECTION 14701 OF ESEA.—Section ments of Federal law that relate to the pro- programs’’ and inserting ‘‘workforce and ca- 14701(b)(1) of such Act (20 U.S.C. 8941(b)(1)) is gram.’’. reer development activities’’; and amended— (3) IMMIGRATION AND NATIONALITY ACT.— (iii) by striking ‘‘the Carl D. Perkins Voca- (A) in subparagraph (B)(ii), by striking ‘‘, Section 245A(h)(4)(F) of the Immigration and tional and Applied Technology Education and the School-to-Work Opportunities Act of Nationality Act (8 U.S.C. 1255a(h)(4)(F)) is Act (20 U.S.C. 2301 et seq.)’’ and inserting 1994, and be coordinated with evaluations of amended by striking ‘‘The Job Training ‘‘the Workforce and Career Development Act such Acts’’ and inserting ‘‘and be coordi- Partnership Act.’’ and inserting ‘‘The of 1996’’. nated with evaluations of such Act’’; and Workforce and Career Development Act of (j) REFERENCES TO ADULT EDUCATION ACT.— (B) in subparagraph (C)(ii), by striking ‘‘, 1996.’’. (1) REFUGEE EDUCATION ASSISTANCE ACT.— the School-to-Work Opportunities Act of (4) REFUGEE EDUCATION ASSISTANCE ACT OF Subsection (b) of section 402 of the Refugee 1994,’’. 1980.—Section 402(a)(4) of the Refugee Edu- Education Assistance Act of 1980 (8 U.S.C. cation Assistance Act of 1980 (8 U.S.C. 1522 1522 note) is repealed. (l) REFERENCES TO JOB TRAINING PARTNER- note) is amended by striking ‘‘the Com- (2) ELEMENTARY AND SECONDARY EDUCATION SHIP ACT.— prehensive Employment and Training Act of ACT OF 1965.— (1) TITLE 5, UNITED STATES CODE.—Section 1973’’ and inserting ‘‘the Workforce and Ca- (A) SECTION 1202 OF ESEA.—Section 1202(c)(1) 3502(d) of title 5, United States Code, is reer Development Act of 1996’’. of the Elementary and Secondary Education amended— (5) NATIONAL DEFENSE AUTHORIZATION ACT Act of 1965 (20 U.S.C. 6362(c)(1)) is amended (A) in paragraph (3)— FOR FISCAL YEAR 1993.— by striking ‘‘Adult Education Act’’ and in- (i) in subparagraph (A), by striking clause (A) SECTION 3161.—Section 3161(c)(6) of the serting ‘‘Workforce and Career Development (i) and inserting the following: National Defense Authorization Act for Fis- Act of 1996’’. ‘‘(i) the Governor of the appropriate State; cal Year 1993 (42 U.S.C. 7274h(c)(6)) is amend- (B) SECTION 1205 OF ESEA.—Section 1205(8)(B) and’’; and ed by striking subparagraph (A) and insert- of such Act (20 U.S.C. 6365(8)(B)) is amended (ii) in subparagraph (B)(iii), by striking ing the following: by striking ‘‘Adult Education Act’’ and in- ‘‘other services under the Job Training Part- ‘‘(A) programs carried out by the Secretar- serting ‘‘Workforce and Career Development nership Act’’ and inserting ‘‘other workforce ies (as defined in section ll004 of the Act of 1996’’. and career development activities under the Workforce and Career Development Act of (C) SECTION 1206 OF ESEA.—Section Workforce and Career Development Act of 1996) under such Act;’’. 1206(a)(1)(A) of such Act (20 U.S.C. 1996’’; and (B) SECTION 4461.—Section 4461(1) of the Na- 6366(a)(1)(A)) is amended by striking ‘‘an (B) in paragraph (4), in the second sen- tional Defense Authorization Act for Fiscal adult basic education program under the tence, by striking ‘‘Secretary of Labor on Year 1993 (10 U.S.C. 1143 note) is amended by Adult Education Act’’ and inserting ‘‘adult matters relating to the Job Training Part- striking ‘‘The Job Training Partnership Act education and literacy activities under the nership Act’’ and inserting ‘‘the Secretaries (29 U.S.C. 1501 et seq.).’’ and inserting ‘‘The Workforce and Career Development Act of (as defined in section ll004 of the Workforce and Career Development Act of 1996’’. Workforce and Career Development Act of 1996.’’. (D) SECTION 3113 OF ESEA.—Section 3113(1) of 1996) on matters relating to such Act’’. (C) SECTION 4471.—Section 4471 of the Na- such Act (20 U.S.C. 6813(1)) is amended by (2) FOOD STAMP ACT OF 1977.— tional Defense Authorization Act for Fiscal striking ‘‘section 312 of the Adult Education (A) SECTION 5.—Section 5(l) of the Food Year 1993 (10 U.S.C. 2501 note) is amended— Act’’ and inserting ‘‘section ll004 of the Stamp Act of 1977 (7 U.S.C. 2014(l)) is amend- (i) in subsection (d)(2), by striking ‘‘the Workforce and Career Development Act of ed by striking ‘‘Notwithstanding section State dislocated’’ and all that follows 1996’’. 142(b) of the Job Training Partnership Act through ‘‘and the chief’’ and inserting ‘‘the (E) SECTION 9161 OF ESEA.—Section 9161(2) of (29 U.S.C. 1552(b)), earnings to individuals Governor of the appropriate State and the such Act (20 U.S.C. 7881(2)) is amended by participating in on-the-job training pro- chief’’; striking ‘‘section 312(2) of the Adult Edu- grams under section 204(b)(1)(C) or section (ii) in subsection (e)— cation Act’’ and inserting ‘‘section ll004 of 264(c)(1)(A) of the Job Training Partnership (I) in the first sentence, by striking ‘‘for the Workforce and Career Development Act Act’’ and inserting ‘‘Earnings to individuals training, adjustment assistance, and employ- of 1996’’. participating in on-the-job training under ment services’’ and all that follows through (3) OLDER AMERICANS ACT OF 1965.—Section the Workforce and Career Development Act ‘‘except where’’ and inserting ‘‘to participate 203(b)(8) of the Older Americans Act of 1965 of 1996’’. in employment and training activities car- (42 U.S.C. 3013(b)(8)) is amended by striking (B) SECTION 6.—Section 6 of the Food ried out under the Workforce and Career De- ‘‘Adult Education Act’’ and inserting Stamp Act of 1977 (7 U.S.C. 2015) is amend- velopment Act of 1996, except in a case in ‘‘Workforce and Career Development Act of ed— which’’; and 1996’’. (i) in subsection (d)(4)(N), by striking ‘‘the (II) by striking the second sentence; and (k) REFERENCES TO SCHOOL-TO-WORK OP- State public employment offices and agen- (iii) in subsection (f)— PORTUNITIES ACT OF 1994.— cies operating programs under the Job (I) in paragraph (3)— (1) SECTION 1114 OF ESEA.—Section Training Partnership Act’’ and inserting (aa) in subparagraph (B), by striking ‘‘the 1114(b)(2)(C)(v) of the Elementary and Sec- ‘‘the State public employment offices and State dislocated’’ and all that follows ondary Education Act of 1965 (20 U.S.C. other State agencies and providers providing through ‘‘and the chief’’ and inserting ‘‘the 6314(b)(2)(C)(v)) (as amended in subsection employment and training activities under Governor of the appropriate State and the (i)(4)(A)) is further amended by striking ‘‘the the Workforce and Career Development Act chief’’; and School-to-Work Opportunities Act of 1994,’’. of 1996’’; and (bb) in subparagraph (C), by striking (2) SECTION 5204 OF ESEA.—Section 5204 of (ii) in subsection (e)(3), by striking sub- ‘‘grantee under section 325(a) or 325A(a)’’ and such Act (20 U.S.C. 7234) is amended— paragraph (A) and inserting the following: all that follows through ‘‘employment serv- (A) by striking paragraph (4); and ‘‘(A) a program relating to employment ices’’ and inserting ‘‘recipient of assistance (B) by redesignating paragraphs (5) and training activities carried out under the under the Workforce and Career Develop- through (7) as paragraphs (4) through (6), re- Workforce and Career Development Act of ment Act of 1996 providing employment and spectively. 1996;’’. training activities’’; and S10474 CONGRESSIONAL RECORD — SENATE September 12, 1996

(II) in paragraph (4), by striking ‘‘for train- (13) HIGHER EDUCATION ACT.—Section the Workforce and Career Development Act ing,’’ and all that follows through ‘‘begin- 480(b)(14) of the Higher Education Act of 1965 of 1996,’’. ning’’ and inserting ‘‘to participate in em- (20 U.S.C. 1087vv(b)(14)) is amended by strik- (C) SECTION 1423.—Section 1423(9) of the Ele- ployment and training activities under the ing ‘‘Job Training Partnership Act nonedu- mentary and Secondary Education Act of Workforce and Career Development Act of cational benefits’’ and inserting ‘‘benefits re- 1965 (20 U.S.C. 6453(9)) is amended by striking 1996 beginning’’. ceived through participation in employment ‘‘programs under the Job Training and Part- (D) SECTION 4492.—Section 4492(b) of the Na- and training activities under the Workforce nership Act’’ and inserting ‘‘activities under tional Defense Authorization Act for Fiscal and Career Development Act of 1996’’. the Workforce and Career Development Act Year 1993 (10 U.S.C. 1143 note) is amended by (14) INDIVIDUALS WITH DISABILITIES EDU- of 1996’’. striking ‘‘the Job Training Partnership Act’’ CATION ACT.—Section 626 of the Individuals (D) SECTION 1425.—Section 1425(9) of the Ele- and inserting ‘‘the Workforce and Career De- with Disabilities Education Act (20 U.S.C. mentary and Secondary Education Act of velopment Act of 1996’’. 1425) is amended— 1965 (20 U.S.C. 6455(9)) is amended by striking (6) NATIONAL DEFENSE AUTHORIZATION ACT (A) in the first sentence of subsection (a), ‘‘, such as funds under the Job Training FOR FISCAL YEAR 1991.—Section 4003(5)(C) of by striking ‘‘(including the State job train- Partnership Act,’’ and inserting ‘‘, such as the National Defense Authorization Act for ing coordinating councils and service deliv- funds made available under the Workforce Fiscal Year 1991 (10 U.S.C. 2391 note) is ery area administrative entities established amended by inserting before the period the under the Job Training Partnership Act)’’ and Career Development Act of 1996,’’. following: ‘‘, as in effect on the day before and inserting ‘‘(including the individuals and (18) FREEDOM SUPPORT ACT.—The last sen- the date of the enactment of the Workforce entities participating in the State collabo- tence of section 505 of the FREEDOM Sup- and Career Development Act of 1996’’. rative process under subsection (a) or (b) of port Act (22 U.S.C. 5855) is amended by strik- (7) NATIONAL DEFENSE AUTHORIZATION ACT section ll105 of the Workforce and Career ing ‘‘, through the Defense Conversion’’ and FOR FISCAL YEAR 1994.—Section 1333(c)(2)(B) of Development Act of 1996 and local workforce all that follows through ‘‘or through’’ and in- the National Defense Authorization Act for development boards established under sec- serting ‘‘or through’’. Fiscal Year 1994 (10 U.S.C. 2701 note) is tion ll108 of such Act)’’; (19) INTERNAL REVENUE CODE OF 1986.— amended by striking ‘‘Private industry coun- (B) in subsection (e)— (A) SECTION 42.—Section 42(i)(3)(D)(i)(II) of cils (as described in section 102 of the Job (i) in paragraphs (3)(C) and (4)(A)(iii), by the Internal Revenue Code of 1986 is amended Training Partnership Act (29 U.S.C. 1512)).’’ striking ‘‘local Private Industry Councils by striking ‘‘assistance under’’ and all that and inserting ‘‘Local workforce development (PICS) authorized by the Job Training Part- follows through ‘‘or under’’ and inserting boards established under section ll108 of nership Act (JTPA),’’ and inserting ‘‘local ‘‘assistance under the Workforce and Career the Workforce and Career Development Act workforce development boards established Development Act of 1996 or under’’. of 1996.’’. under section ll108 of the Workforce and (B) SECTION 51.—Section 51(d) of the Inter- (8) SMALL BUSINESS ACT.—The fourth sen- Career Development Act of 1996,’’; and nal Revenue Code of 1986 is amended by tence of section 7(j)(13)(E) of the Small Busi- (ii) in clauses (iii), (iv), (v), and (vii) of striking paragraph (10). ness Act (15 U.S.C. 636(j)(13)(E)) is amended paragraph (4)(B), by striking ‘‘PICS author- (C) SECTION 6334.—Section 6334(d)(12) of the by striking ‘‘the Job Training Partnership ized by the JTPA’’ and inserting ‘‘local Internal Revenue Code of 1986 is amended to Act (29 U.S.C. 1501 et seq.)’’ and inserting workforce development boards established read as follows: ‘‘the Workforce and Career Development Act under section ll108 of the Workforce and ‘‘(12) ASSISTANCE UNDER THE WORKFORCE of 1996’’. Career Development Act of 1996’’; and AND CAREER DEVELOPMENT ACT OF 1996.—Any (9) EMPLOYMENT ACT OF 1946.—Section (C) in subsection (g) (as amended by sub- amount payable to a participant in 4(f)(2)(B) of the Employment Act of 1946 (15 section (i)(3)), by striking ‘‘the Job Training workforce and career development activities U.S.C. 1022a(f)(2)(B)) is amended by striking Partnership Act (JTPA)’’ and inserting ‘‘the carried out under the Workforce and Career ‘‘and include these in the annual Employ- Workforce and Career Development Act of Development Act of 1996 from funds appro- ment and Training Report of the President 1996’’. priated under such Act.’’. required under section 705(a) of the Com- (15) DEPARTMENT OF EDUCATION ORGANIZA- (20) EMERGENCY JOBS AND UNEMPLOYMENT prehensive Employment and Training Act of TION ACT.—Subsection (a) of section 302 of ASSISTANCE ACT OF 1974.— 1973 (hereinafter in this Act referred to as the Department of Education Organization (A) SECTION 204.—Section 204(b) of the ‘CETA’)’’ and inserting ‘‘and prepare and Act (20 U.S.C. 3443(a)) (as redesignated in sec- Emergency Jobs and Unemployment Assist- submit to the President an annual report tion 271(a)(2) of the Improving America’s ance Act of 1974 (26 U.S.C. 3304 note) is containing the recommendations’’. Schools Act of 1994) is amended by striking amended by striking ‘‘designate as an area’’ (10) FULL EMPLOYMENT AND BALANCED ‘‘under section 303(c)(2) of the Comprehen- and all that follows and inserting ‘‘designate GROWTH ACT OF 1978.— sive Employment and Training Act’’ and in- as an area under this section an area that is (A) SECTION 206.—Section 206 of the Full serting ‘‘relating to such education’’. a local workforce development area under Employment and Balanced Growth Act of (16) NATIONAL SKILL STANDARDS ACT OF the Workforce and Career Development Act 1978 (15 U.S.C. 3116) is amended— 1994.— of 1996.’’. (i) in subsection (b)— (A) SECTION 504.—Section 504(c)(3) of the (B) SECTION 223.—Section 223 of the Emer- (I) in the matter preceding paragraph (1), National Skill Standards Act of 1994 (20 gency Jobs and Unemployment Assistance by striking ‘‘CETA’’ and inserting ‘‘the U.S.C. 5934(c)(3)) is amended by striking ‘‘the Workforce and Career Development Act of Capacity Building and Information and Dis- Act of 1974 (26 U.S.C. 3304 note) is amended— 1996’’; and semination Network established under sec- (i) in paragraph (3), by striking ‘‘assistance (II) in paragraph (1), by striking ‘‘(includ- tion 453(b) of the Job Training Partnership provided’’ and all that follows and inserting ing use of section 110 of CETA when nec- Act (29 U.S.C. 1733(b)) and’’. ‘‘assistance provided under the Workforce essary)’’; and (B) SECTION 508.—Section 508(1) of the Na- and Career Development Act of 1996;’’; and (ii) in subsection (c)(1), by striking tional Skill Standards Act of 1994 (20 U.S.C. (ii) in paragraph (4), by striking ‘‘funds ‘‘CETA’’ and inserting ‘‘activities carried 5938(1)) is amended to read as follows: provided’’ and all that follows and inserting out under the Workforce and Career Develop- ‘‘(1) COMMUNITY-BASED ORGANIZATION.—The ‘‘funds provided under the Workforce and Ca- ment Act of 1996’’. term ‘community-based organization’ means reer Development Act of 1996;’’. (B) SECTION 401.—Section 401(d) of the Full a private nonprofit organization of dem- (21) REHABILITATION ACT.—Section 612(b) of Employment and Balanced Growth Act of onstrated effectiveness that is representa- the Rehabilitation Act of 1973 (29 U.S.C. 1978 (15 U.S.C. 3151(d)) is amended by striking tive of a community or a significant segment 795a(b)) is amended by striking ‘‘the Job ‘‘include, in the annual Employment and of a community and that provides workforce Training Partnership Act’’ and inserting Training Report of the President provided and career development activities, as defined ‘‘the Workforce and Career Development Act under section 705(a) of CETA,’’ and inserting in section ll004 of the Workforce and Ca- of 1996’’. ‘‘include, in the annual report referred to in reer Development Act of 1996.’’. (22) JOB TRAINING REFORM AMENDMENTS OF section 4(f)(2)(B) of the Employment Act of (17) ELEMENTARY AND SECONDARY EDU- 1992.—Section 701 of the Job Training Reform 1946 (15 U.S.C. 1022a(f)(2)(B)),’’. CATION ACT OF 1965.— Amendments of 1992 (29 U.S.C. 1501 note) is (11) TITLE 18, UNITED STATES CODE.—Sub- (A) SECTION 1205.—Section 1205(8)(B) of the repealed. sections (a), (b), and (c) of section 665 of title Elementary and Secondary Education Act of (23) PUBLIC LAW 98–524.—Section 7 of Public 18, United States Code are amended by strik- 1965 (20 U.S.C. 6365(8)(B)) (as amended by sub- Law 98–524 (29 U.S.C. 1551 note) is repealed. ing ‘‘the Comprehensive Employment and section (j)(2)(B)) is further amended by strik- (24) VETERANS’ BENEFITS AND PROGRAMS IM- Training Act or the Job Training Partner- ing ‘‘, the Individuals with Disabilities Edu- PROVEMENT ACT OF 1988.—Section 402 of the ship Act’’ and inserting ‘‘the Workforce and cation Act, and the Job Training Partner- Veterans’ Benefits and Programs Improve- Career Development Act of 1996’’. ship Act’’ and inserting ‘‘and the Individuals ment Act of 1988 (29 U.S.C. 1721 note) is (12) TRADE ACT OF 1974.—Section 239(e) of with Disabilities Education Act’’. amended— the Trade Act of 1974 (19 U.S.C. 2311(e)) is (B) SECTION 1414.—Section 1414(c)(8) of the (A) in subsection (a), by striking ‘‘title III amended by striking ‘‘under title III of the Elementary and Secondary Education Act of of the Job Training Partnership Act (29 Job Training Partnership Act’’ and inserting 1965 (20 U.S.C. 6434(c)(8)) is amended by strik- U.S.C. 1651 et seq.)’’ and inserting ‘‘the ‘‘made available under the Workforce and ing ‘‘programs under the Job Training Part- Workforce and Career Development Act of Career Development Act of 1996’’. nership Act,’’ and inserting ‘‘activities under 1996’’; September 12, 1996 CONGRESSIONAL RECORD — SENATE S10475

(B) in subsection (c), by striking ‘‘Train- (B) in the first sentence of subsection (f)(2), (A) SECTION 103.—The second sentence of ing, in consultation with the office des- by striking ‘‘programs under the’’ and all section 103(d) of the Domestic Volunteer ignated or created under section 322(b) of the that follows through ‘‘and the’’ and inserting Service Act of 1973 (42 U.S.C. 4953(d)) is Job Training Partnership Act,’’ and insert- ‘‘activities under the Workforce and Career amended to read as follows: ‘‘Whenever fea- ing ‘‘Training’’; and Development Act of 1996 and the’’; and sible, such efforts shall be coordinated with (C) in subsection (d)— (C) in subsection (g)— a local workforce development board estab- (i) in paragraph (1), by striking ‘‘under—’’ (i) in paragraph (2), by striking ‘‘programs lished under section ll108 of the Workforce and all that follows through ‘‘the Veterans’ ’’ under the’’ and all that follows through ‘‘and and Career Development Act of 1996.’’. and inserting ‘‘under the Veterans’ ’’; and the’’ and inserting ‘‘activities under the (B) SECTION 109.—Subsections (c)(2) and (ii) in paragraph (2), by striking ‘‘Employ- Workforce and Career Development Act of (d)(2) of section 109 of the Domestic Volun- ment and training’’ and all that follows and 1996 and the’’; and teer Service Act of 1973 (42 U.S.C. 4959) is inserting ‘‘Employment and training activi- (ii) in paragraph (3)(H), by striking ‘‘pro- amended by striking ‘‘administrative entities under the Workforce and Career Devel- gram under’’ and all that follows through ties designated to administer job training opment Act of 1996.’’. ‘‘and any other’’ and inserting ‘‘activity plans under the Job Training Partnership (25) VETERANS’ JOB TRAINING ACT.— under the Workforce and Career Develop- Act’’ and inserting ‘‘eligible providers of ment Act of 1996 and any other’’. (A) SECTION 13.—Section 13(b) of the Veter- training services, as defined in section ans’ Job Training Act (29 U.S.C. 1721 note) is (31) HOUSING ACT OF 1949.—Section 504(c)(3) ll004 of the Workforce and Career Develop- of the Housing Act of 1949 (42 U.S.C. amended by striking ‘‘assistance under the ment Act of 1996’’. 1474(c)(3)) is amended by striking ‘‘pursuant Job Training Partnership Act (29 U.S.C. 1501 (36) AGE DISCRIMINATION ACT OF 1975.—Sec- to’’ and all that follows through ‘‘or the’’ et seq.)’’ and inserting ‘‘assistance under the tion 304(c)(1) of the Age Discrimination Act and inserting ‘‘pursuant to the Workforce Workforce and Career Development Act of of 1975 (42 U.S.C. 6103(c)(1)) is amended by and Career Development Act of 1996 or the’’. 1996’’. striking ‘‘the Comprehensive Employment (32) OLDER AMERICANS ACT OF 1965.— (B) SECTION 14.—Section 14(b)(3)(B)(i)(II) of and Training Act of 1974 (29 U.S.C. 801, et (A) SECTION 203.—Section 203 of the Older the Veterans’ Job Training Act (29 U.S.C. Americans Act of 1965 (42 U.S.C. 3013) is seq.), as amended,’’ and inserting ‘‘the 1721 note) is amended by striking ‘‘under amended— Workforce and Career Development Act of part C of title IV of the Job Training Part- (i) in subsection (a)(2), by striking the last 1996’’. nership Act (29 U.S.C. 1501 et seq.)’’ and in- sentence and inserting the following: ‘‘In (37) ENERGY CONSERVATION AND PRODUCTION serting ‘‘under the Workforce and Career De- particular, the Secretary of Labor and the ACT.—Section 414(b)(3) of the Energy Con- velopment Act of 1996’’. Secretary of Education shall consult and co- servation and Production Act (42 U.S.C. (C) SECTION 15.—Section 15(c)(2) of the Vet- operate with the Assistant Secretary in car- 6864(b)(3)) is amended by striking ‘‘the Com- erans’ Job Training Act (29 U.S.C. 1721 note) rying out the Workforce and Career Develop- prehensive Employment and Training Act of is amended— ment Act of 1996.’’; and 1973’’ and inserting ‘‘the Workforce and Ca- (i) in the second sentence, by striking (ii) in subsection (b), by striking paragraph reer Development Act of 1996’’. ‘‘part C of title IV of the Job Training Part- (1) and inserting the following: (38) NATIONAL ENERGY CONSERVATION POLICY nership Act (29 U.S.C. 1501 et seq.)’’ and in- ‘‘(1) the Workforce and Career Develop- ACT.—Section 233 of the National Energy serting ‘‘the Workforce and Career Develop- ment Act of 1996,’’. Conservation Policy Act (42 U.S.C. 6873) is ment Act of 1996’’; and (B) SECTION 502.—Section 502 of the Older amended, in the matter preceding paragraph (ii) in the third sentence, by striking ‘‘title Americans Act of 1965 (42 U.S.C. 3056) is (1), by striking ‘‘the Comprehensive Employ- III of’’. amended— ment and Training Act of 1973’’ and inserting (26) WORKER ADJUSTMENT AND RETRAINING (i) in subsection (b)(1)(N)(i) (as amended by ‘‘the Workforce and Career Development Act NOTIFICATION ACT.—Section 3(a)(2) of the subsection (i)(10)(A)), by striking ‘‘the Job of 1996’’. Worker Adjustment and Retraining Notifica- Training Partnership Act (29 U.S.C. 1501 et (39) COMMUNITY ECONOMIC DEVELOPMENT ACT tion Act (29 U.S.C. 2102(a)(2)) is amended by seq.)’’ and inserting ‘‘the Workforce and Ca- OF 1981.—Section 617(a)(3) of the Community striking ‘‘to the State’’ and all that follows reer Development Act of 1996’’; and Economic Development Act of 1981 (42 U.S.C. through ‘‘and the chief’’ and inserting ‘‘to (ii) in subsection (e)(2)(C), by striking 9806(a)(3)) is amended by striking ‘‘activities the Governor of the appropriate State and ‘‘programs carried out under section 124 of such as those described in the Comprehen- the chief’’. the Job Training Partnership Act (29 U.S.C. sive Employment and Training Act’’ and in- (27) TITLE 31, UNITED STATES CODE.—Section 1534)’’ and inserting ‘‘employment and train- serting ‘‘employment and training activities 6703(a) of title 31, United States Code, is ing activities carried out under the described in the Workforce and Career Devel- amended by striking paragraph (4) and in- Workforce and Career Development Act of opment Act of 1996’’. serting the following: 1996’’. (40) STEWART B. MCKINNEY HOMELESS AS- ‘‘(4) Activities under the Workforce and (C) SECTION 503.—Section 503(b)(1) of the SISTANCE ACT.—Section 103(b)(2) of the Stew- Career Development Act of 1996.’’. Older Americans Act of 1965 (42 U.S.C. art B. McKinney Homeless Assistance Act (42 (28) VETERANS’ REHABILITATION AND EDU- 3056a(b)(1)) is amended by striking ‘‘the Job U.S.C. 11302(b)(2)) is amended by striking CATION AMENDMENTS OF 1980.—Section 512 of Training Partnership Act,’’ each place it ap- ‘‘the Job Training Partnership Act’’ and in- the Veterans’ Rehabilitation and Education pears and inserting ‘‘the Workforce and Ca- serting ‘‘the Workforce and Career Develop- Amendments of 1980 (38 U.S.C. 4101 note) is reer Development Act of 1996,’’. ment Act of 1996’’. amended by striking ‘‘the Comprehensive (D) SECTION 510.—Section 510 of the Older (41) NATIONAL AND COMMUNITY SERVICE ACT Employment and Training Act (29 U.S.C. et Americans Act of 1965 (42 U.S.C. 3056h) is OF 1990.— seq.),’’ and inserting ‘‘the Workforce and Ca- amended by striking ‘‘the Job Training Part- (A) SECTION 177.—Section 177(d) of the Na- reer Development Act of 1996,’’. nership Act, eligible individuals shall be tional and Community Service Act of 1990 (42 (29) TITLE 38, UNITED STATES CODE.— deemed to satisfy the requirements of sec- U.S.C. 12637(d)) is amended to read as fol- (A) SECTION 4102A.—Section 4102A(d) of title tions 203 and 204(d)(5)(A) of such Act (29 lows: 38, United States Code, is amended by strik- U.S.C. 1603, 1604(d)(5)(A))’’ and inserting ‘‘the ing ‘‘the Job Training Partnership Act’’ and Workforce and Career Development Act of ‘‘(d) TREATMENT OF BENEFITS.—Allowances, inserting ‘‘the Workforce and Career Devel- 1996, eligible individuals shall be deemed to earnings, and payments to individuals par- opment Act of 1996’’. satisfy the requirements of such Act’’. ticipating in programs that receive assist- (B) SECTION 4103A.—Section 4103A(c)(4) of (33) OMNIBUS CRIME CONTROL AND SAFE ance under this title shall not be considered title 38, United States Code, is amended by STREETS ACT OF 1968.—Section 1801(b)(3) of the to be income for the purposes of determining striking ‘‘(including part C of title IV of the Omnibus Crime Control and Safe Streets Act eligibility for and the amount of income Job Training Partnership Act (29 U.S.C. 1501 of 1968 (42 U.S.C. 3796ee(b)(3)) is amended by transfer and in-kind aid furnished under any et seq.))’’. striking ‘‘activities carried out under part B (C) SECTION 4213.—Section 4213 of title 38, of title IV of the Job Training Partnership Federal or federally assisted program based United States Code, is amended by striking Act (relating to Job Corps) (29 U.S.C. 1691 et on need, other than as provided under the ‘‘any employment or training program as- seq.)’’ and inserting ‘‘activities carried out Social Security Act (42 U.S.C. 301 et seq.).’’. sisted under the Job Training Partnership under subtitle C of title II of the Workforce (B) SECTION 198C.—Section 198C of the Na- Act (29 U.S.C. 1501 et seq.),’’ and inserting and Career Development Act of 1996’’. tional and Community Service Act of 1990 (42 ‘‘any employment and training activity car- (34) ENVIRONMENTAL PROGRAMS ASSISTANCE U.S.C. 12653c) is amended— ried out under the Workforce and Career De- ACT OF 1984.—The second sentence of section (i) in subsection (b)(1), by striking ‘‘a mili- velopment Act of 1996,’’. 2(a) of the Environmental Programs Assist- tary installation described in section (30) UNITED STATES HOUSING ACT.—Section ance Act of 1984 (42 U.S.C. 4368a(a)) is amend- 325(e)(1) of the Job Training Partnership Act 23 of the United States Housing Act of 1937 ed by striking ‘‘and title IV of the Job Train- (29 U.S.C. 1662d(e)(1)).’’ and inserting ‘‘a mili- (42 U.S.C. 1437u) is amended— ing Partnership Act’’ and inserting ‘‘and the tary installation being closed or realigned (A) in subsection (b)(2)(A), by striking ‘‘the Workforce and Career Development Act of under— Job Training’’ and all that follows through 1996’’. ‘‘(A) the Defense Base Closure and Realign- ‘‘or the’’ and inserting ‘‘the Workforce and (35) DOMESTIC VOLUNTEER SERVICE ACT OF ment Act of 1990 (part A of title XXIX of Career Development Act of 1996 or the’’; 1973.— Public Law 101–510; 10 U.S.C. 2687 note); and S10476 CONGRESSIONAL RECORD — SENATE September 12, 1996

‘‘(B) title II of the Defense Authorization incidents shall report the information to the ‘‘(l) MINT FACILITY FOR GOLD AND PLATINUM Amendments and Base Closure and Realign- Secretary pursuant to such regulations as COINS.—Notwithstanding any other provision ment Act (Public Law 100–526; 10 U.S.C. 2687 deemed necessary to carry out the provisions of law,’’. note).’’; and of this subsection. The repository shall also At the end of title V of the bill, insert the (ii) in subsection (e)(1)(B), by striking contain information on incidents voluntarily following new sections: clause (iii) and inserting the following: reported to the Secretary by State and local SEC. 5ll. COMMEMORATIVE COIN PROGRAM RE- ‘‘(iii) an at-risk youth (as defined in sec- authorities.’’ FORM. tion ll004 of the Workforce and Career De- (b) There is authorized to be appropriated (a) COMMEMORATIVE COIN PROGRAM RE- velopment Act of 1996).’’. such sums as may be necessary to carry out STRICTIONS.—Section 5112 of title 31, United (C) SECTION 199L.—Section 199L(a) of the the provisions of this subsection. States Code, as amended by sections 524 and National and Community Service Act of 1990 530 of this Act, is amended by adding at the (42 U.S.C. 12655m(a)) is amended by striking end the following new subsection: BINGAMAN (AND JEFFORDS) ‘‘(m) COMMEMORATIVE COIN PROGRAM RE- ‘‘the Job Training Partnership Act (29 U.S.C. AMENDMENT NO. 5271 STRICTIONS.— 1501 et seq.)’’ and inserting ‘‘the Workforce ‘‘(1) MAXIMUM NUMBER.—Beginning Janu- and Career Development Act of 1996’’. Mr. SHELBY (for Mr. BINGAMAN, for ary 1, 1999, the Secretary may mint and issue (42) CRANSTON-GONZALEZ NATIONAL AFFORD- himself and Mr. JEFFORDS) proposed an commemorative coins under this section ABLE HOUSING ACT.— amendment to the bill, H.R. 3756, during any calendar year with respect to not (A) SECTION 454.—Subparagraphs (H) and supra; as follows: more than 2 commemorative coin programs. (M) of subsection (c)(2), and subsection (d)(7), Insert at the appropriate place in the bill: ‘‘(2) MINTAGE LEVELS.— of section 454 of the Cranston-Gonzalez Na- (a) REDUCTION IN FACILITIES ENERGY ‘‘(A) IN GENERAL.—Except as provided in tional Affordable Housing Act (42 U.S.C. COSTS.— subparagraph (B), in carrying out any com- 12899c) are amended by striking ‘‘the Job (1) IN GENERAL.—The head of each agency memorative coin program, the Secretary Training Partnership Act’’ and inserting for which funds are made available under shall mint— ‘‘the Workforce and Career Development Act this Act shall— ‘‘(i) not more than 750,000 clad half-dollar of 1996’’. (A) take all actions necessary to achieve coins; (B) SECTION 456.—The first sentence of sec- during fiscal year 1998 a 5-percent reduction, ‘‘(ii) not more than 500,000 silver one-dollar tion 456(e) of the Cranston-Gonzalez National from fiscal year 1996 levels, in the energy coins; and Affordable Housing Act (42 U.S.C. 12899e(e)) costs of the facilities used by the agency; or ‘‘(iii) not more than 100,000 gold five-dollar is amended by inserting ‘‘(as in effect on the (B) enter into a sufficient number of en- or ten-dollar coins. day before the date of the enactment of the ergy savings performance contracts with pri- ‘‘(B) EXCEPTION.—If the Secretary deter- Workforce and Career Development Act of vate sector energy service companies under mines, based on independent, market-based 1996)’’ after ‘‘the Job Training Partnership title VIII of the National Energy Conserva- research conducted by a designated recipient Act’’ each place it appears. tion Policy Act (42 U.S.C. 8287 et seq.) to organization of a commemorative coin pro- (43) VIOLENT CRIME CONTROL AND LAW EN- achieve during fiscal year 1998 at least a 5- gram, that the mintage levels described in FORCEMENT ACT OF 1994.—Section 31113(a)(4)(C) percent reduction, from fiscal year 1996 lev- subparagraph (A) are not adequate to meet of the Violent Crime Control and Law En- els, in the energy use of the facilities used by public demand for that commemorative coin, forcement Act of 1994 (42 U.S.C. the agency. the Secretary may waive one or more of the 13823(a)(4)(C)) is amended by striking ‘‘au- (2) GOAL.—The activities described in para- requirements of subparagraph (A) with re- thorized under the Job Training Partnership graph (1) should be a key component of agen- spect to that commemorative coin program. Act (29 U.S.C. 1501 et seq.)’’ and inserting ‘‘or cy programs that will by the year 2000 result ‘‘(C) DESIGNATED RECIPIENT ORGANIZATION employment and training activities author- in a 20-percent reduction, from fiscal year DEFINED.—For purposes of this paragraph, ized under the Workforce and Career Devel- 1985 levels, in the energy use of the facilities the term ‘designated recipient organization’ opment Act of 1996’’. used by the agency, as required by section means any organization designated, under ll 543 of the National Energy Conservation Pol- SEC. 503. EFFECTIVE DATES. any provision of law, as the recipient of any icy Act (42 U.S.C. 8253). (a) REPEALS.— surcharge imposed on the sale of any numis- (1) IMMEDIATE REPEALS.—The repeals made matic item.’’. by subsections (a) through (e) of section DASCHLE AMENDMENT NO. 5272 (b) RECOVERY OF MINT EXPENSES REQUIRED ll501 shall take effect on the date of the Mr. SHELBY (for Mr. DASCHLE) pro- BEFORE PAYMENT OF SURCHARGES TO ANY RE- enactment of this Act. posed an amendment to the bill, H.R. CIPIENT ORGANIZATION.— (2) SUBSEQUENT REPEALS.—The repeals (1) CLARIFICATION OF LAW RELATING TO DE- 3756, supra; as follows: made by section ll501(f) shall take effect POSIT OF SURCHARGES IN THE NUMISMATIC PUB- on July 1, 1998. At the appropriate place, insert the follow- LIC ENTERPRISE FUND.—Section 5134(c)(2) of (b) CONFORMING AMENDMENTS.— ing: title 31, United States Code, is amended by (1) IMMEDIATELY EFFECTIVE AMENDMENTS.— ESTABLISHING A NATIONAL REPOSITORY FOR inserting ‘‘, including amounts attributable The amendments made by subsections (a) ARSON AND EXPLOSIVES INFORMATION to any surcharge imposed with respect to the ll through (h) of section 502 shall take ef- SEC. . NATIONAL REPOSITORY FOR INFORMA- sale of any numismatic item’’ before the pe- fect on the date of the enactment of this Act. TION ON EXPLOSIVES INCIDENTS riod. (2) SUBSEQUENTLY EFFECTIVE AMEND- AND ARSON. (2) CONDITIONS ON PAYMENT OF SURCHARGES MENTS.—The amendments made by sub- (a) Section 846 of title 18, United States TO RECIPIENT ORGANIZATIONS.—Section 5134 of sections (i) through (l) of section ll502 Code, is amended by— title 31, United States Code, is amended by shall take effect on July 1, 1998. (1) designated the existing section as sub- adding at the end the following new subsection (a); and section: DASCHLE AMENDMENT NO. 5270 (2) by adding the following new subsection ‘‘(f) CONDITIONS ON PAYMENT OF SUR- (b) to read as follows: CHARGES TO RECIPIENT ORGANIZATIONS.— (Ordered to lie on the table.) ‘‘(b) The Secretary is authorized to estab- ‘‘(1) PAYMENT OF SURCHARGES.—Notwith- Mr. DASCHLE submitted an amend- lish a national repository of information on standing any other provision of law, no ment intended to be proposed by him incidents involving arson and the suspected amount derived from the proceeds of any to the bill, H.R. 3756, supra; as follows: criminal misuse of explosives. All Federal surcharge imposed on the sale of any numis- agencies having information concerning such matic item shall be paid from the fund to At the appropriate place insert the follow- incidents shall report the information to the any designated recipient organization un- ing: Secretary pursuant to such regulations as less— ESTABLISHING A NATIONAL REPOSITORY FOR deemed necessary to carry out the provisions ‘‘(A) all numismatic operation and pro- ARSON AND EXPLOSIVES INFORMATION of this subsection. The repository shall also gram costs allocable to the program under SEC. . NATIONAL REPOSITORY FOR INFORMA- certain information on incidents voluntarily which such numismatic item is produced and TION ON EXPLOSIVE INCIDENTS AND reported to the Secretary by State and local sold have been recovered; and ARSON. authorities.’’ ‘‘(B) the designated recipient organization (a) Section 846 of Title 18, United States (b) There is authorized to be appropriated submits an audited financial statement that Code, is amended by— such sums as may be necessary to carry out demonstrates to the satisfaction of the Sec- (1) designating the existing section as sub- the provisions of this subsection. retary of the Treasury that, with respect to section (a); and all projects or purposes for which the pro- (2) by adding the following new subsection D’AMATO AMENDMENT NO. 5273 ceeds of such surcharge may be used, the or- (b) to read as follows: ganization has raised funds from private ‘‘(b) The Secretary is authorized to estab- Mr. SHELBY (for Mr. D’AMATO) pro- sources for such projects and purposes in an lish a national repository of information on posed an amendment to the bill, H.R. amount that is equal to or greater than the incidents involving arson and the suspected 3756, supra; as follows: maximum amount the organization may re- criminal misuse of explosives. All Federal On page ll, strike lines ll and ll, and ceive from the proceeds of such surcharge. agencies having information concerning such insert the following: ‘‘(2) ANNUAL AUDITS.— September 12, 1996 CONGRESSIONAL RECORD — SENATE S10477

‘‘(A) ANNUAL AUDITS OF RECIPIENTS RE- posed on the sale of any numismatic item ‘‘(4) TERMS.—Each member appointed QUIRED.—Each designated recipient organiza- shall provide, as a condition for receiving under clause (i) or (iii) of paragraph (3)(A) tion that receives any payment from the any such payment, to the Inspector General shall be appointed for a term of 4 years.’’. fund of any amount derived from the proof the Department of the Treasury or the (2) CHAIRPERSON.—Section 5135(a) of title ceeds of any surcharge imposed on the sale of Comptroller General of the United States, 31, United States Code, is amended by adding any numismatic item shall provide, as a con- upon the request of such Inspector General at the end the following new paragraph: dition for receiving any such amount, for an or the Comptroller General, all books, ‘‘(7) CHAIRPERSON.— annual audit, in accordance with generally records, and work papers belonging to or ‘‘(A) IN GENERAL.—Subject to subparagraph accepted government auditing standards by used by the organization, or by any inde- (B), the Chairperson of the Advisory Com- an independent public accountant selected pendent public accountant who audited the mittee shall be elected by the members of by the organization, of all such payments to organization in accordance with subpara- the Advisory Committee from among such the organization beginning in the first fiscal graph (A), which may relate to the receipt or members. year of the organization in which any such expenditure of any such amount by the orga- ‘‘(B) EXCEPTION.—The member appointed amount is received and continuing until all nization. pursuant to paragraph (3)(A)(ii) (or the alter- amounts received by such organization from ‘‘(3) USE OF AGENTS OR ATTORNEYS TO INFLU- nate to that member) may not serve as the the fund with respect to such surcharges are ENCE COMMEMORATIVE COIN LEGISLATION.—No Chairperson of the Advisory Committee, be- fully expended or placed in trust. portion of any payment from the fund to any ginning on June 1, 1999.’’. ‘‘(B) MINIMUM REQUIREMENTS FOR ANNUAL designated recipient organization of any (e) EFFECTIVE DATE.—This section and the AUDITS.—At a minimum, each audit of a des- amount derived from the proceeds of any amendments made by this section shall take ignated recipient organization pursuant to surcharge imposed on the sale of any numis- effect on the date of enactment of this Act. subparagraph (A) shall report— matic item may be used, directly or indi- SEC. 5ll. MINT MANAGERIAL STAFFING RE- ‘‘(i) the amount of payments received by rectly, by the organization to compensate FORM. the designated recipient organization from any agent or attorney for services rendered Section 5131 of title 31, United States Code, the fund during the fiscal year of the organi- to support or influence in any way legisla- is amended— zation for which the audit is conducted that tive action of the Congress relating to such (1) by striking subsection (c); and are derived from the proceeds of any sur- numismatic item. (2) by redesignating subsection (d) as sub- charge imposed on the sale of any numis- ‘‘(4) DESIGNATED RECIPIENT ORGANIZATION section (c). matic item; DEFINED.—For purposes of this subsection, ‘‘(ii) the amount expended by the des- the term ‘designated recipient organization’ ignated recipient organization from the pro- means any organization designated, under MCCAIN AMENDMENT NO. 5274 ceeds of such surcharges during the fiscal any provision of law, as the recipient of any Mr. SHELBY (for MCCAIN) proposed year of the organization for which the audit surcharge imposed on the sale of any numis- is conducted; and matic item.’’. an amendment to the bill, H.R. 3756, ‘‘(iii) whether all expenditures by the des- (3) SCOPE OF APPLICATION.—The amend- supra; as follows: ignated recipient organization during the fis- ments made by this section shall apply with At the appropriate place, insert the follow- cal year of the organization for which the respect to the proceeds of any surcharge im- ing new section: audit is conducted from the proceeds of such posed on the sale of any numismatic item SEC. . Section 5(c)(1) of Public Law 102–259 surcharges were for authorized purposes. that are deposited in the Numismatic Public (20 U.S.C. 5603(c)(1)) is amended— ‘‘(C) RESPONSIBILITY OF ORGANIZATION TO Enterprise Fund after the date of the enact- (1) in subparagraph (A)(iii), by striking ACCOUNT FOR EXPENDITURES OF SURCHARGES.— ment of this Act. ‘‘and’’ after the semicolon; Each designated recipient organization that (4) REPEAL OF EXISTING RECIPIENT REPORT (2) in subparagraph (B), by striking the pe- receives any payment from the fund of any REQUIREMENT.—Section 302 of Public Law riod and inserting ‘‘; and’’; and amount derived from the proceeds of any 103–186 (31 U.S.C. 5112 note) is repealed. (3) by adding after subparagraph (B) the surcharge imposed on the sale of any numis- (c) QUARTERLY FINANCIAL REPORTS.—Sec- following: matic item shall take appropriate steps, as a tion 5134 of title 31, United States Code, is ‘‘(C) a Trustee may serve after the expira- condition for receiving any such payment, to amended by adding at the end the following tion of the Trustee’s term until a successor ensure that the receipt of the payment and new subsection: has been chosen.’’. the expenditure of the proceeds of such sur- ‘‘(g) QUARTERLY FINANCIAL REPORTS.— charge by the organization in each fiscal ‘‘(1) IN GENERAL.—Not later than the 30th year of the organization can be accounted for day of each month following each calendar DORGAN AMENDMENT NO. 5275 separately from all other revenues and ex- quarter through and including the final pe- Mr. SHELBY (for Mr. DORGAN) pro- penditures of the organization. riod of sales with respect to any commemo- posed an amendment to the bill, H.R. ‘‘(D) SUBMISSION OF AUDIT REPORT.—Not rative coin program authorized on or after later than 90 days after the end of any fiscal the date of enactment of the Treasury, Post- 3756, supra; as follows: year of a designated recipient organization al Service, and General Government Appro- At the appropriate place in the bill, add for which an audit is required under subpara- priations Act, 1997, the Mint shall submit to the following: graph (A), the organization shall— the Congress a quarterly financial report in Notwithstanding any other provision of ‘‘(i) submit a copy of the report to the Sec- accordance with this subsection. law, the Secretary of the Interior, through retary of the Treasury; and ‘‘(2) REQUIREMENTS.—Each report submit- the Bureau of Indian Affairs, may directly ‘‘(ii) make a copy of the report available to ted under paragraph (1) shall include, with transfer to Indian tribes in North and South the public. respect to the calendar quarter at issue— Dakota portable housing units at the Grand ‘‘(E) USE OF SURCHARGES FOR AUDITS.—Any ‘‘(A) a detailed financial statement, pre- Forks Air Force base in North Dakota which designated recipient organization that re- pared in accordance with generally accepted have been declared excess by the Department ceives any payment from the fund of any accounting principles, that includes finan- of Defense and requested for transfer by the amount derived from the proceeds of any cial information specific to that quarter, as Department of the Interior. surcharge imposed on the sale of any numis- well as cumulative financial information re- matic item may use the amount received to lating to the entire program; BYRD AMENDMENT NO. 5276 pay the cost of an audit required under sub- ‘‘(B) a detailed accounting of— paragraph (A). ‘‘(i) all costs relating to marketing efforts; Mr. SHELBY (for Mr. BYRD) proposed ‘‘(F) WAIVER OF PARAGRAPH.—The Sec- ‘‘(ii) all funds projected for marketing use; an amendment to the bill, H.R. 3756, retary of the Treasury may waive the appli- ‘‘(iii) all costs for employee travel relating supra; as follows: cation of any subparagraph of this paragraph to the promotion of commemorative coin On page 49, line 18, insert before the colon to any designated recipient organization for programs; ‘‘: Provided, That of such amount provided any fiscal year after taking into account the ‘‘(iv) all numismatic items minted, sold, for non-prospectus construction projects amount of surcharges that such organization not sold, and rejected during the production $250,000 may be available until expended for received or expended during such year. process; and the acquisition, lease, construction, and ‘‘(G) NONAPPLICABILITY TO FEDERAL ENTI- ‘‘(v) the costs of melting down all rejected equipping of flexiplace work telecommuting TIES.—This paragraph shall not apply to any and unsold products; centers in the State of West Virginia’’. Federal agency or department or any inde- ‘‘(C) adequate market-based research for pendent establishment in the executive all commemorative coin programs; and branch that receives any payment from the ‘‘(D) a description of the efforts of the Mint HATFIELD AMENDMENT NO. 5277 fund of any amount derived from the pro- in keeping the sale price of numismatic Mr. SHELBY (for Mr. HATFIELD) proceeds of any surcharge imposed on the sale of items as low as practicable.’’. posed an amendment to the bill, H.R. any numismatic item. (d) CITIZENS COMMEMORATIVE COIN ADVI- ‘‘(H) AVAILABILITY OF BOOKS AND SORY COMMITTEE.— 3756, supra; as follows: RECORDS.—An organization that receives any (1) FIXED TERMS FOR MEMBERS.—Section On page 55, line 11 after ‘‘Missouri’’ insert: payment from the fund of any amount de- 5135(a)(4) of title 31, United States Code, is ‘‘: Provided further, That $1,450,000 may be rived from the proceeds of any surcharge im- amended to read as follows: available for the renovation of the Pioneer S10478 CONGRESSIONAL RECORD — SENATE September 12, 1996 Courthouse located at 520 SW Morrison in marking, rendering inert, and licensing of the State of New York, who in turn will for- Portland, Oregon’’. explosive materials) and to conduct a study ward a claim to the Department of the of threats to law enforcement officers from Treasury. GRAMM AMENDMENT NO. 5278 the criminal use of firearms and ammuni- On page 2, line 18 strike ‘‘$111,348,000 and tion; and’’. insert ‘‘$121,348,000’’. Mr. SHELBY (for Mr. GRAMM) pro- On page 22, line 14, strike ‘‘$4,085,355,000’’ On page 53, line 14 strike ‘‘$360,000,000’’ and posed an amendment to the bill, H.R. and insert ‘‘$4,064,055,000’’. insert ‘‘$355,000,000’’. 3756, supra; as follows: On page 25, between lines 21 and 22, insert: On page 55, line 15 strike ‘‘$2,343,795,000’’ SEC. . (a) Section 732(a)(2) of the and insert ‘‘$2,343,790,000. At the appropriate place, insert the follow- Antiterrorism and Effective Death Penalty ing: Act of 1996 (Public Law 104–132) is hereby re- COVERDELL AMENDMENT NO. 5282 SEC. . SENSE OF THE SENATE IN SUPPORT OF pealed. NEW BORDER STATION CONSTRUC- (b) It is the sense of the Senate that the (Ordered to lie on the table.) TION IN LAREDO, TEXAS. $21,300,000 reduction in funds available for Mr. COVERDELL submitted an (a) The Senate finds that: tax law enforcement to fund the explosive amendment intended to be proposed by (1) In 1995, over one-third (35%) of all U.S. materials and law enforcement officers safe- exports to Mexico were processed through him to the bill, H.R. 3756, supra; as fol- ty study be achieved as follows: the Port of Laredo; lows: (1) $9,700,000 from the delay required by (2) Nearly two-thirds of all U.S. exports to At the appropriate place in the bill, insert this Act in implementing field restructuring Mexico that went through a south Texas port the following new section: of the Internal Revenue Service. of entry went through the Port of Laredo in Sec. . No part of any appropriation con- (2) $11,600,000 from administrative and 1995; tained in this Act shall be available for the other savings in tax law enforcement activi- (3) The value of imports processed through payment of the salary of any officer or em- ties. the Port of Laredo in 1995 exceeded $15 bil- ployee of the Executive Office of the Presi- lion, and the value of all exports was $14.7 dent who— billion for that year; DOMENICI AMENDMENT NO. 5280 (1) in the course of employment has access (4) The number of loaded, cross-border (Ordered to lie on the table.) to information, documents, or, records that shipments, both northbound and southbound, Mr. DOMENICI submitted an amend- are— through the Port of Laredo is projected to (A) subject to the exemption under section double from 1995 to the year 2000, from 851,745 ment intended to be proposed by him 552(b)(7) of title 5, United States Code; or shipments to 1,703,490; to the bill, H.R. 3756, supra; as follows: (B) determined to be national security in- (5) The City of Laredo received on October At the appropriate place insert the follow- formation in accordance with Executive 3, 1994 a Presidential Permit from the U.S. ing: Order No. 12356; and State Department to construct a third SEC. . TRANSITION FROM AFDC ENTITLEMENT (2) is determined as a result of a pre-em- bridge in the city, and in February 1996 the PROGRAM TO TANF BLOCK GRANT. ployment background check, or is deter- U.S. Coast Guard issued a permit for the Section 116(c) of the Personal Responsibil- mined after such employment begins, to bridge’s construction; ity and Work Opportunity Reconciliation have illegally used any controlled substance (6) Financing of the new bridge has been Act of 1996 is amended— during— secured from both sponsors, the cities of La- (1) by striking ‘‘Effective’’ and inserting: (A) the 5-year period before the date of the redo and Nuevo Laredo, and in February 1997 ‘‘(1) IN GENERAL.—Except as provided in beginning of such employment; or the City of Nuevo Laredo is scheduled to paragraph (2), effective’’; and (B) the period of any employment in the begin construction of an access road con- (2) by adding at the end the following: Executive Office of the President. necting the bridge with the loop around ‘‘(2) TRANSITION RULE.— Nuevo Laredo; ‘‘(A) IN GENERAL.—In the case of any State JOHNSTON AMENDMENT NO. 5283 (7) U.S. Customs revenue generated at the not opting to accelerate the effective date of Port of Laredo totaled $216 million in 1995, this title under subsection (b)(1), paragraph (Ordered to lie on the table.) an increase of $13 million from the previous (1) shall be applied to such State by sub- Mr. JOHNSTON submitted an amend- year, while the U.S. Government’s estimated stituting ‘‘July 1, 1997’’ for ‘‘October 1, 1996’’. ment intended to be proposed by him cost for operating border station facilities in ‘‘(B) PAYMENTS TO STATES.— to the bill, H.R. 3756, supra; as follows: Laredo is $10 million, so that the Port gen- ‘‘(i) IN GENERAL.—Notwithstanding sub- At the appropriate place, insert the follow- erated over $200 million for the U.S. Treas- section (b)(1)(B)(ii)(II), the total obligation ing: ury in 1995; and of the Federal Government for fiscal year ‘‘SEC. . AMENDMENT TO THE NUCLEAR WASTE (8) The new bridge will greatly enhance 1997 to any State described in subparagraph POLICY ACT. safety in the downtown area because it will 1 (A) shall be increased by ⁄4 of the State fam- ‘‘The Nuclear Waste Policy Act of 1982 is allow the diversion of commercial traffic ily assistance grant for such State for such amended to read as follows: from the two existing downtown bridges to fiscal year. the new bridge, since the two downtown ‘‘SECTION 1. SHORT TITLE AND TABLE OF CON- ‘‘(ii) TIMING OF PAYMENT.—Any State eligi- TENTS. bridges will be strictly passenger bridges, ble for the 1⁄4 increase in the Federal obliga- ‘‘(a) SHORT TITLE.—This Act may be cited with the new bridge and the Colombia Bridge tion to such State under clause (i), shall re- as the ‘Nuclear Waste Policy Act of 1996’. (22 miles from Laredo) devoted to commer- ceive an outlay representing such increase at ‘‘(b) TABLE OF CONTENTS.— cial traffic. the beginning of the 4th quarter of fiscal (b) It is the sense of the Senate that: year 1997.’’. ‘‘Sec. 1. Short title and table of contents. (1) The construction of a third bridge in ‘‘Sec. 2. Definitions. Laredo is vitally needed to accommodate in- D’AMATO AMENDMENT NO. 5281 ‘‘TITLE I—OBLIGATIONS creased trade with Mexico and to relieve ‘‘Sec. 101. Obligations of the Secretary of traffic congestion, road damage, and pollu- (Ordered to lie on the table.) Energy. tion in downtown Laredo caused by commer- Mr. D’AMATO (for himself and Mr. ‘‘TITLE II—INTEGRATED MANAGEMENT cial traffic; and MOYNIHAN) submitted an amendment SYSTEM (2) The Administrator of the General Serv- intended to be proposed by them to the ‘‘Sec. 201 Intermodal Transfer. ices Administration should accelerate the bill, H.R. 3756, supra; as follows: timetable for design and construction of a ‘‘Sec. 202. Transportation planning. border station for the new Laredo bridge to At the appropriate place in the bill insert ‘‘Sec. 203. Transportation requirements. ensure that the bridge can be opened to the following new section: ‘‘Sec. 204. Interim storage. international traffic as soon as possible. Sec. . For all reasonable costs associated ‘‘Sec. 205. Permanent repository. with the recovery effort of TWA Flight 800, ‘‘Sec. 206. Land withdrawal. there shall be made available no more than ‘‘TITLE III—LOCAL RELATIONS KERRY (AND OTHERS) $10 million to the Department of the Treas- ‘‘Sec. 301. Financial Assistance. AMENDMENT NO. 5279 ury, ‘‘Departmental Offices’’ account, which ‘‘Sec. 302. On-Site Representative. shall remain available until expended. The Mr. KERRY (for himself, Mrs. FEIN- ‘‘Sec. 303. Acceptance of Benefits. State of New York, counties, and local gov- STEIN, Mr. KENNEDY, and Mr. HARKIN) ‘‘Sec. 304. Restrictions on Use of Funds. ernments that provided assistance to this ef- ‘‘Sec. 305. Land Conveyances. proposed an amendment to the bill, fort shall be eligible for reimbursement of H.R. 3756, supra; as follows: expenses incurred during this effort. If the ‘‘TITLE IV—FUNDING AND On page 14, line 6, strike ‘‘$395,597,000’’ and value of total claims exceeds the appro- ORGANIZATION insert ‘‘$416,897,000, of which $21,300,000, to re- priated sum, the funds shall be allocated on ‘‘Sec. 401. Program Funding. main available until expended, shall be a pro-rated basis. All claims by New York ‘‘Sec. 402. Office of Civilian Radioactive available to conduct the study under section State, counties, and municipalities shall be Waste Management. 732(a) of Public Law 104–132 (relating to forwarded to the appropriate department of ‘‘Sec. 403. Federal contribution. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10479

‘‘TITLE V—GENERAL AND ‘‘(7) CONTRACTS.—The term ‘contracts’ dling, possession, safeguarding, and storage MISCELLANEOUS PROVISIONS means the contracts, executed prior to the of spent nuclear fuel and high-level radio- ‘‘Sec. 501. Compliance with other laws. date of enactment of the Nuclear Waste Pol- active waste in accordance with title II of ‘‘Sec. 502. Judicial review of agency actions. icy Act of 1996, under section 302(a) of the this Act. ‘‘Sec. 503. Licensing of facility expansions Nuclear Waste Policy Act of 1982, by the Sec- ‘‘(19) INTERIM STORAGE FACILITY SITE.—The and transshipments. retary and any person who generates or term ‘interim storage facility site’ means ‘‘Sec. 504. Siting a second repository. holds title to spent nuclear fuel or high-level the specific site within Area 25 of the Nevada ‘‘Sec. 505. Financial arrangements for low- radioactive waste of domestic origin for ac- Test Site that is designated by the Secretary level radioactive waste site clo- ceptance of such waste or fuel by the Sec- and withdrawn and reserved in accordance sure. retary and the payment of fees to offset the with this Act for the location of the interim ‘‘Sec. 506. Nuclear Regulatory Commission Secretary’s expenditures, and any subse- storage facility. training authority. quent contracts executed by the Secretary ‘‘(20) LOW-LEVEL RADIOACTIVE WASTE.—The ‘‘Sec. 507. Emplacement schedule. pursuant to section 401(a) of this Act.’’ term ‘low-level radioactive waste’ means ra- ‘‘Sec. 508. Transfer of Title. ‘‘(8) CONTRACT HOLDERS.—The term ‘con- dioactive material that— ‘‘Sec. 509. Decommissioning Pilot Program. tract holders’ means parties (other than the ‘‘(A) is not spent nuclear fuel, high-level ‘‘Sec. 510. Water Rights. Secretary) to contracts. radioactive waste, transuranic waste, or by- ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL ‘‘(9) DEPARTMENT.—The term ‘Department’ product material as defined in section 11e.(2) REVIEW BOARD means the Department of Energy. of the Atomic Energy Act of 1954 (42 U.S.C. ‘‘(10) DISPOSAL.—The term ‘disposal’ means 2014(e)(2)); and ‘‘Sec. 601. Definitions. the emplacement in a repository of spent nu- ‘‘(B) the Commission, consistent with ex- ‘‘Sec. 602. Nuclear Waste Technical Review clear fuel, high-level radioactive waste, or isting law, classifies as low-level radioactive Board. ‘‘Sec. 603. Functions. other highly radioactive material with no waste. ‘‘(21) METRIC TONS URANIUM.—The terms ‘‘Sec. 604. Investigatory powers. foreseeable intent of recovery, whether or ‘‘Sec. 605. Compensation of members. not such emplacement permits recovery of ‘metric tons uranium’ and ‘MTU’ means the ‘‘Sec. 606. Staff. such material for any future purpose. amount of uranium in the original ‘‘Sec. 607. Support services. ‘‘(11) DISPOSAL SYSTEM.—The term ‘dis- unirradiated fuel element whether or not the ‘‘Sec. 608. Report. posal system’ means all natural barriers and spent nuclear fuel has been reprocessed. ‘‘Sec. 609. Authorization of appropriations. engineered barriers, and engineered systems ‘‘(22) NUCLEAR WASTE FUND.—The terms ‘‘Sec. 610. Termination of the board. and components, that prevent the release of ‘Nuclear Waste Fund’ and ‘waste fund’ mean radionuclides from the repository. the nuclear waste fund established in the ‘‘TITLE VII—MANAGEMENT REFORM ‘‘(12) EMPLACEMENT SCHEDULE.—The term United States Treasury prior to the date of ‘‘Sec. 701. Management reform initiatives. ‘emplacement schedule’ means the schedule enactment of this Act under section 302(c) of ‘‘Sec. 702. Reporting. established by the Secretary in accordance the Nuclear Waste Policy Act of 1982. ‘‘Sec. 703. Effective date. with section 507(a) for emplacement of spent ‘‘(23) OFFICE.—The term ‘Office’ means the ‘‘SECTION 2. DEFINITIONS. nuclear fuel and high-level radioactive waste Office of Civilian Radioactive Waste Manage- ‘‘For purposes of this Act: at the interim storage facility. ment established within the Department ‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘ac- ‘‘(13) ENGINEERED BARRIERS AND ENGI- prior to the date of enactment of this Act cept’ and ‘acceptance’ mean the Secretary’s NEERED SYSTEMS AND COMPONENTS.—The under the provisions of the Nuclear Waste act of taking possession of spent nuclear fuel terms ‘engineered barriers’ and ‘engineered Policy Act of 1982. or high-level radioactive waste. systems and components,’ mean man-made ‘‘(24) PROGRAM APPROACH.—The term ‘pro- ‘‘(2) AFFECTED INDIAN TRIBE.—The term components of a disposal system. These gram approach’ means the Civilian Radio- ‘‘affected Indian tribe’’ means any Indian terms include the spent nuclear fuel or high- active Waste Management Program Plan, tribe— level radioactive waste form, spent nuclear dated May 6, 1996, as modified by this Act, ‘‘(A) whose reservation is surrounded by or fuel package or high-level radioactive waste and as amended from time to time by the borders an affected unit of local government, package, and other materials placed over and Secretary in accordance with this Act. or around such packages. ‘‘(25) RESPOSITORY.—The term ‘repository’ ‘‘(B) whose federally defined possessory or ‘‘(14) HIGH-LEVEL RADIOACTIVE WASTE.—The means a system designed and constructed usage rights to other lands outside of the term ‘high-level radioactive waste’ means— under title II of this Act for the geologic dis- reservation’s boundaries arising out of con- ‘‘(A) the highly radioactive material re- posal of spend nuclear fuel and high-level ra- gressionally ratified treaties may be sub- sulting from the reprocessing of spent nu- dioactive waste, including both surface and stantially and adversely affected by the lo- clear fuel, including liquid waste produced subsurface areas at which spent nuclear fuel cating of an interim storage facility or a re- directly in reprocessing and any solid mate- and high-level radioactive waste receipt, pository if the Secretary of the Interior rial derived from such liquid waste that con- handling, possession, safeguarding, and stor- finds, upon the petition of the appropriate tains fission products in sufficient con- age are conducted. governmental officials of the tribe, that such centrations; and ‘‘(26) SECRETARY.—The term ‘Secretary’ effects are both substantial and adverse to ‘‘(B) other highly radioactive material that means the Secretary of Energy. the tribe. the Commission, consistent with existing ‘‘(27) SITE CHARACTERIZATION.—The term ‘‘(3) AFFECTED UNIT OF LOCAL GOVERN- law, determines by rule requires permanent ‘site characterization’ means activities, MENT.—The term ‘affected unit of local gov- isolation, which includes any low-level ra- whether in a laboratory or in the field, un- ernment’ means the unit of local government dioactive waste with concentrations of radio- dertaken to establish the geologic condition with jurisdiction over the site of a repository nuclides that exceed the limits established and the ranges of the parameters of a can- or interim storage facility. Such term may, by the Commission for class C radioactive didate site relevant to the location of a re- at the discretion of the Secretary, include waste, as defined by section 61.55 of title 10, pository, including borings, surface exca- other units of local government that are con- Code of Federal Regulations, as in effect on vations, excavations of exploratory facili- tiguous with such unit. January 26, 1983. ties, limited subsurface lateral excavations ‘‘(4) ATOMIC ENERGY DEFENSE ACTIVITY.— ‘‘(15) FEDERAL AGENCY.—The term ‘Federal and borings, and in situ testing needed to The term ‘atomic energy defense activity agency’ means any Executive agency, as de- evaluate the licensability of a candidate site means any activity’ of the Secretary per- fined in section 105 of title 5, United States for the location of a repository, but not informed in whole or in part in carrying out Code. cluding preliminary borings and geophysical any of the following functions: ‘‘(16) INDIAN TRIBE.—The term ‘Indian testing needed to asses whether site charac- ‘‘(A) Naval reactors development. tribe’ means any Indian tribe, band, nation, terization should be undertaken. ‘‘(B) Weapons activities including defense or other organized group or community of ‘‘(28) SPENT NUCLEAR FUEL.—The term inertial confinement fusion. Indians recognized as eligible for the services ‘spend nuclear fuel’ means fuel that has been ‘‘(C) Verification and control technology. provided to Indians by the Secretary of the withdrawn from a nuclear reactor following ‘‘(D) Defense nuclear materials production. Interior because of their status as Indians in- irradiation, the constituent elements of ‘‘(E) Defense nuclear waste and materials cluding any Alaska Native village, as defined which have not been separated by reprocess- byproducts management. in section 3(c) of the Alaska Native Claims ing. ‘‘(F) Defense nuclear materials security Settlement Act (43 U.S.C. 1602(c)). ‘‘(29) STORAGE.—The term ‘storage’ means and safeguards and security investigations. ‘‘(17) INTEGRATED MANAGEMENT SYSTEM.— retention of spent nuclear fuel or high-level ‘‘(G) Defense research and development. The term ‘integrated management system’ radioactive waste with the intent to recover ‘‘(5) CIVILIAN NUCLEAR POWER REACTOR.— means the system developed by the Sec- such waste or fuel for subsequent use, proc- The term ‘civilian nuclear power reactor’ retary for the acceptance, transportation, essing, or disposal. means a civilian nuclear power plant re- storage, and disposal of spent nuclear fuel ‘‘(30) WITHDRAWAL.—The term ‘withdrawal’ quired to be licensed under section 103 or 104 and high-level radioactive waste under title has the same definition as that set forth in b. of the Atomic Energy Act of 1954 (42 U.S.C. II of this Act. section 103(j) of the Federal Land Policy and 2133, 2134(b)). ‘‘(18) INTERIM STORAGE FACILITY.—The term Management Act of 1976 (43 U.S.C. 1702(j)). ‘‘(6) COMMISSION.—The term ‘Commission’ ‘interim storage facility’ means a facility de- ‘‘(31) YUCCA MOUNTAIN SITE.—The term means the Nuclear Regulatory Commission. signed and constructed for the receipt, han- ‘‘Yucca Mountain site’’ means the area in S10480 CONGRESSIONAL RECORD — SENATE September 12, 1996 the State of Nevada that is withdrawn and tation of spent nuclear fuel and high-level benefits agreement in accordance with the reserved in accordance with this Act for the radioactive waste. following schedule: location of a repository. CQUISITIONS.—The Secretary shall ac- ‘‘(c) A BENEFITS SCHEDULE ‘‘TITLE I—OBLIGATIONS quire lands and rights-of-way necessary to commence intermodal transfer at Caliente, [Amounts in millions] ‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF Event Payment ENERGY. Nevada. (A) Annual Payments prior to first ‘‘(a) DISPOSAL.—The Secretary shall de- ‘‘(d) REPLACEMENTS.—The Secretary shall receipt of spent fuel ...... $2.5 velop and operate an integrated management acquire and develop on behalf of, and dedicate to, the City of Caliente, Nevada, parcels (B) Annual payments beginning upon system for the storage and permanent dis- first spent fuel receipt ...... 5.0 posal of spent nuclear fuel and high-level ra- of land and right-of-way within Lincoln County, Nevada, as required to facilitate re- (C) Payment upon closure of the dioactive waste. intermodal transfer facility ...... 5.0 ‘‘(b) INTERIM STORAGE.—The Secretary placement of land and city wastewater dis- shall store spent nuclear fuel and high-level posal facilities necessary to commence inter- ‘‘(2) DEFINITIONS.—For purposes of this sec- radioactive waste from facilities designated modal transfer pursuant to this Act. Re- tion, the term— ‘‘(A) ‘spent fuel’ means high-level radio- by contract holders at an interim storage fa- placement of land and city wastewater dis- active waste or spent nuclear fuel; and cility pursuant to section 204 in accordance posal activities shall occur no later than No- ‘‘(B) ‘first spent fuel receipt’ does not in- with the emplacement schedule, beginning vember 30, 1999. clude receipt of spent fuel or high-level ra- not later than November 30, 1999. ‘‘(e) NOTICE AND MAP.—Within 6 months of dioactive waste for purposes of testing or ‘‘(c) TRANSPORTATION.—The Secretary shall the date of enactment of the Nuclear Waste provide for the transportation of spent nu- Policy Act of 1996, the Secretary shall— operational demonstration. ‘‘(3) ANNUAL PAYMENTS.—Annual payments clear fuel and high-level radioactive waste ‘‘(1) publish in the Federal Register a no- prior to first spent fuel receipt under para- accepted by the Secretary. The Secretary tice containing a legal description of the graph (1)(A) and shall be made on the date of shall procure all systems and components sites and rights-of-way to be acquired under execution of the benefits agreement and necessary to transport spent nuclear fuel and this subsection; and thereafter on the anniversary date of such high-level radioactive waste from facilities ‘‘(2) file copies of a map of such sites and execution. Annual payments after the first designated by contract holders to and among rights-of-way with the Congress, the Sec- spent fuel receipt until closure of the facility facilities comprising the Integrated Manage- retary of the Interior, the State of Nevada, under paragraph (1)(C) shall be made on the ment System. Consistent with the Buy the Archivist of the United States, the Board anniversary date of such first spent fuel re- American Act (41 U.S.C. 10a–10c), unless the of Lincoln County Commissioners, the Board ceipt. Secretary shall determine it to be inconsist- of Nye County Commissioners, and the Caliente City Council. ‘‘(4) REDUCTION.—If the first spent fuel pay- ent with the public interest, or the cost to be ment under paragraph (1)(B) is made within unreasonable, all such systems and compo- Such map and legal description shall have 6 months after the last annual payment prior nents procured by the Secretary shall be the same force and effect as if they were in- to the receipt of spent fuel under paragraph manufactured in the United States, with the cluded in this Act. The Secretary may cor- (1)(A), such first spent fuel payment under exception of any transportable storage sys- rect clerical and typographical errors and paragraph (1)(B) shall be reduced by an tems purchased by contract holders prior to legal descriptions and make minor adjust- amount equal to 1⁄12 of such annual payment the effective date of the Nuclear Waste Pol- ments in the boundaries. under paragraph (1)(A) for each full month icy Act of 1996 and procured by the Secretary ‘‘(f) IMPROVEMENTS.—The Secretary shall less than 6 that has not elapsed since the last from such contract holders for use in the in- make improvements to existing roadways se- annual payment under paragraph (1)(A). tegrated management system. lected for heavy-haul truck transport be- ‘‘(5) RESTRICTIONS.—The Secretary may NTEGRATED MANAGEMENT SYSTEM.— ‘‘(d) I tween Caliente, Nevada, and the interim not restrict the purposes for which the pay- The Secretary shall expeditiously pursue the storage facility site as necessary to facili- ments under this section may be used. development of each component of the inte- tate year-round safe transport of spent nu- ‘‘(6) DISPUTE.—In the event of a dispute grated management system, and in so doing clear fuel and high-level radioactive waste. concerning such agreement, the Secretary shall seek to utilize effective private sector ‘‘(g) LOCAL GOVERNMENT INVOLVEMENT.— shall resolve such dispute, consistent with management and contracting practices. The Commission shall enter into a Memoran- this Act and applicable State law. ‘‘(e) PRIVATE SECTOR PARTICIPATION.—In dum of Understanding with the City of ‘‘(7) CONSTRUCTION.—The signature of the administering the Integrated Management Caliente and Lincoln County, Nevada, to pro- Secretary on a valid benefits agreement System, the Secretary shall, to the maxi- vide advice to the Commission regarding under this section shall constitute a commit- mum extent possible, utilize, employ, pro- intermodal transfer and to facilitate on-site ment by the United States to make pay- cure and contract with, the private sector to representation. Reasonable expenses of such ments in accordance with such agreement fulfill the Secretary’s obligations and re- representation shall be paid by the Sec- under section 401(c)(2). quirements under this Act. retary. ‘‘(j) INITIAL LAND CONVEYANCES. ‘‘(f) PRE-EXISTING RIGHTS.—Nothing in this ‘‘(h) BENEFITS AGREEMENT.— ‘‘(1) CONVEYANCES OF PUBLIC LANDS.—One Act is intended to or shall be construed to ‘‘(1) IN GENERAL.—The Secretary shall offer hundred and twenty days after enactment of modify— to enter into an agreement with the City of this Act, all right, title and interest of the ‘‘(1) any right of a contract holder under Caliente and Lincoln County, Nevada con- United States in the property described in section 302(a) of the Nuclear Waste Policy cerning the integrated management system. paragraph (2), and improvements thereon, to- Act of 1982, or under a contract executed ‘‘(2) AGREEMENT CONTENT.—Any agreement gether with all necessary easements for util- prior to the date of enactment of this Act shall contain such terms and conditions, in- ities and ingress and egress to such property, under that section; or cluding such financial and institutional ar- including, but not limited to, the right to ‘‘(2) obligations imposed upon the federal rangements, as the Secretary and agreement improve those easements, are conveyed by government by the U.S. District Court of entity determine to be reasonable and appro- operation of law to the County of Lincoln, Idaho in an order entered on October 17, 1995 priate and shall contain such provisions as Nevada, unless the county notifies the Sec- in v. (No. 91–0054–S–EJL). United States Batt are necessary to preserve any right to par- retary of Interior or the head of such other ‘‘(g) LIABILITY.—Subject to subsection (f), ticipation or compensation of the City of appropriate agency in writing within 60 days nothing in this Act shall be construed to Caliente and Lincoln County, Nevada. of such date of enactment that it elects not subject the United States to financial liabil- ‘‘(3) AMENDMENT.—An agreement entered to take title to all or any part of the prop- ity for the Secretary’s failure to meet any into under this subsection may be amended erty, except that any lands conveyed to the deadline for the acceptance or emplacement only with the mutual consent of the parties County of Lincoln under this subsection that of spent nuclear fuel or high-level radio- to the amendment and terminated only in are subject to a Federal grazing permit or active waste for storage or disposal under accordance with paragraph (4). lease or a similar federally granted permit or this Act. ‘‘(4) TERMINATION.—The Secretary shall lease shall be conveyed between 60 and 120 ‘‘TITLE II—INTEGRATED MANAGEMENT terminate the agreement under this sub- days of the earliest time the Federal agency SYSTEM section if any major element of the inte- administering or granting the permit or SEC. 201. INTERMODAL TRANSFER.— grated management system may not be com- lease would be able to legally terminate such ‘‘(a) ACCESS.—The Secretary shall utilize pleted. right under the statutes and regulations ex- heavy-haul truck transport to move spent ‘‘(5) LIMITATION.—Only 1 agreement may be isting at the date of enactment of this Act, nuclear fuel and high-level radioactive waste in effect at any one time. unless Lincoln County and the affected hold- from the mainline rail line at Caliente, Ne- ‘‘(6) JUDICIAL REVIEW.—Decisions of the er of the permit or lease negotiate an agree- vada, to the interim storage facility site. Secretary under this section are not subject ment that allows for an earlier conveyance. ‘‘(b) CAPABILITY DATE.—The Secretary to judicial review. ‘‘(2) SPECIAL CONVEYANCES.—Notwithstand- shall develop the capability to commence ‘‘(i) CONTENT OF AGREEMENT. ing any other law, the following public lands rail to truck intermodal transfer at Caliente, ‘‘(1) SCHEDULE.—In addition to the benefits depicted on the maps and legal descriptions Nevada, no later than November 30, 1999. to which the City of Caliente and Lincoln dated October 11, 1995, shall be conveyed Intermodal transfer and related activities County is entitled to under this title, the under paragraph (1) to the County of Lin- are incidental to the interstate transpor- Secretary shall make payments under the coln, Nevada: September 12, 1996 CONGRESSIONAL RECORD — SENATE S10481 Map 10: Lincoln County, Parcel M, Indus- vide technical assistance and funds for train- appropriate by the Secretary of Transpor- trial Park Site ing directly to national nonprofit employee tation, include the following provisions— Map 11: Lincoln County, Parcel F, Mixed organizations which demonstrate experience ‘‘(A) a specified minimum number of hours Use Industrial Site in implementing and operating worker of initial off site instruction and actual field Map 13: Lincoln County, Parcel J, Mixed health and safety training and education experience under the direct supervision of a Use, Alamo Community Expansion Area programs and demonstrate the ability to trained, experienced supervisor; Map 14: Lincoln County, Parcel E, Mixed reach and involve in training programs tar- ‘‘(B) a requirement that onsite managerial Use, Pioche Community Expansion Area get populations of workers who are or will be personnel receive the same training as work- Map 15: Lincoln County, Parcel B, Landfill directly engaged in the transportation of ers, and a minimum number of additional Expansion Site. spent nuclear fuel and high-level radioactive hours of specialized training pertinent to ‘‘(3) CONSTRUCTION.—The maps and legal waste, or emergency response or post-emer- their managerial responsibilities; and descriptions of special conveyances referred gency response with respect to such trans- ‘‘(C) a training program applicable to per- to in paragraph (2) shall have the same force portation. Training shall cover procedures sons responsible for responding to and clean- and effect as if they were included in this required for safe routine transportation of ing up emergency situations occurring dur- Act. The Secretary may correct clerical and these materials, as well as procedures for ing the removal and transportation of spent typographical errors in the maps and legal dealing with emergency response situations, nuclear fuel and high-level radioactive descriptions and make minor adjustments in and shall be consistent with any training waste. the boundaries of the sites. standards established by the Secretary of ‘‘(4) There is authorized to be appropriated ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon Transportation in accordance with sub- to the Secretary of Transportation, from request of the County of Lincoln, Nevada, section (g). The Secretary’s duty to provide general revenues, such sums as may be nec- the Secretary of the Interior shall provide technical and financial assistance under this essary to perform his duties under this sub- evidence of title transfer. subsection shall be limited to amounts speci- section. ‘‘SEC. 202. TRANSPORTATION PLANNING. fied in annual appropriations. ‘‘SEC. 204. INTERIM STORAGE. ‘‘(d) PUBLIC EDUCATION.—The Secretary ‘‘(a) TRANSPORTATION READINESS.—The ‘‘(a) AUTHORIZATION.—The Secretary shall shall conduct a program to educate the pub- Secretary shall take those actions that are design, construct, and operate a facility for lic regarding the transportation of spent nu- necessary and appropriate to ensure that the the interim storage of spent nuclear fuel and clear fuel and high-level radioactive waste, Secretary is able to transport safely spent high-level radioactive waste at the interim with an emphasis upon those States, units of nuclear fuel and high-level radioactive waste storage facility site. The interim storage fa- local government, and Indian tribes through from sites designated by the contract holders cility shall be subject to licensing pursuant whose jurisdiction the Secretary plans to to mainline transportation facilities, using to the Atomic Energy Act of 1954 in accord- transport substantial amounts of spent nu- routes that minimize, to the maximum prac- ance with the Commission’s regulations gov- clear fuel or high-level radioactive waste. ticable extent consistent with Federal re- erning the licensing of independent spent ‘‘(e) COMPLIANCE WITH TRANSPORTATION quirements governing transportation of haz- fuel storage installations, which regulations REGULATIONS.—Any person that transports ardous materials, transportation of spent nu- shall be amended by the Commission as nec- clear fuel and high-level radioactive waste spent nuclear fuel or high-level radioactive waste under the Nuclear Waste Policy Act of essary to implement the provisions of this through populated areas, beginning not later Act. The interim storage facility shall com- than November 30, 1999, and, by that date, 1986, pursuant to a contract with the Sec- retary, shall comply with all requirements mence operation in phases in accordance shall, in consultation with the Secretary of with subsection (b). Transportation, develop and implement a governing such transportation issued by the federal, state and local governments, and In- ‘‘(b) SCHEDULE.—(1) The Secretary shall comprehensive management plan that en- proceed forthwith and without further delay sures that safe transportation of spent nu- dian tribes, in the same way and to the same extent that any person engaging in that with all activities necessary to begin storing clear fuel and high-level radioactive waste spent nuclear fuel and high-level radioactive from the sites designated by the contract transportation that is in or affects interstate commerce must comply with such require- waste at the interim storage facility at the holders to the interim storage facility site interim storage facility site by November 30, beginning not later than November 30, 1999. ments, as required by 49 U.S.C. sec. 5126. ‘‘(f) EMPLOYEE PROTECTION.—Any person 1999, except that: ‘‘(b) TRANSPORTATION PLANNING.—In con- engaged in the interstate commerce of spent ‘‘(A) The Secretary shall not begin any junction with the development of the nuclear fuel or high-level radioactive waste construction activities at the interim stor- logistical plan in accordance with subsection under contract to the Secretary pursuant to age facility site before December 31, 1998. (a), the Secretary shall update and modify, this Act shall be subject to and comply fully ‘‘(B) The Secretary shall cease all activi- as necessary, the Secretary’s transportation with the employee protection provisions of ties (except necessary termination activi- institutional plans to ensure that institu- 49 U.S.C. 20109 and 49 U.S.C. 31105. ties) at the Yucca Mountain site if the Presi- tional issues are addressed and resolved on a ‘‘(g) TRAINING STANDARD.—(1) No later than dent determines, in his discretion, on or be- schedule to support the commencement of 12 months after the date of enactment of the fore December 31, 1998, based on a preponder- transportation of spent nuclear fuel and Nuclear Waste Policy Act of 1996, the Sec- ance of the information available at such high-level radioactive waste to the interim retary of Transportation, pursuant to au- time, that the Yucca Mountain site is un- storage facility no later than November 30, thority under other provisions of law, in con- suitable for development as a repository, in- 1999. Among other things, such planning sultation with the Secretary of Labor and cluding geologic and engineered barriers, be- shall provide a schedule and process for ad- the Commission, shall promulgate a regula- cause of a substantial likelihood that a re- dressing and implementing, as necessary, tion establishing training standards applica- pository of useful size cannot be designed, li- transportation routing plans, transportation ble to workers directly involved in the re- censed, and constructed at the Yucca Moun- contracting plans, transportation training in moval and transportation of spent nuclear tain site. accordance with Section 203, and public edu- fuel and high-level radioactive waste. The ‘‘(C) No later than June 30, 1998, the Sec- cation regarding transportation of spent nu- regulation shall specify minimum training retary shall provide to the President and to clear fuel and high level radioactive waste; standards applicable to workers, including the Congress a viability assessment of the and transportation tracking programs. managerial personnel. The regulation shall Yucca Mountain site. The viability assess- ‘‘SEC. 203. TRANSPORTATION REQUIREMENTS. require that the employer possess evidence ment shall include— ‘‘(a) PACKAGE CERTIFICATION.—No spent nu- of satisfaction of the applicable training ‘‘(i) the preliminary design concept for the clear fuel and high level radioactive waste standard before any individual may be em- critical elements of the repository and waste may be transported by or for the Secretary ployed in the removal and transportation of package, under this Act except in packages that have spent nuclear fuel and high-level radioactive ‘‘(ii) a total system performance assess- been certified for such purposes by the Com- waste. ment, based upon the design concept and the mission. ‘‘(2) If the Secretary of Transportation de- scientific data and analysis available by ‘‘(b) STATE NOTIFICATION.—The Secretary termines, in promulgating the regulation re- June 30, 1998, describing the probable behav- shall abide by regulations of the Commission quired by subparagraph (1), that regulations ior of the repository in the Yucca Mountain regarding advance notification of State and promulgated by the Commission establish geologic setting relative to the overall sys- local governments prior to transportation of adequate training standards for workers, tem performance standard set forth in sec- spent nuclear fuel or high-level radioactive then the Secretary of Transportation can re- tion 205(d) of this Act, waste under this Act. frain from promulgating additional regula- ‘‘(iii) a plan and cost estimate for the re- ‘‘(c) TECHNICAL ASSISTANCE.—The Sec- tions with respect to worker training in such maining work required to complete a license retary shall provide technical assistance and activities. The Secretary of Transportation application, and funds to States, units of local government, and the Commission shall work through ‘‘(iv) an estimate of the costs to construct and Indian tribes through whose jurisdiction their Memorandum of Understanding to en- and operate the repository in accordance the Secretary plans to transport substantial sure coordination of worker training stand- with the design concept. amounts of spent nuclear fuel or high-level ards and to avoid duplicative regulation. ‘‘(D) Within 18 months of a determination radioactive waste for training for public ‘‘(3) The training standards required to be by the President that the Yucca Mountain safety officials of appropriate units of local promulgated under subparagraph (1) shall, site is unsuitable for development as a repos- government. The Secretary shall also pro- among other things deemed necessary and itory under paragraph (B), the President S10482 CONGRESSIONAL RECORD — SENATE September 12, 1996 shall designate a site for the construction of does not submit the license application for cial review. The Secretary shall not prepare an interim storage facility. If the President construction of a respository by February 1, an environmental impact statement under does not designate a site for the construction 2002, or does not begin full spent nuclear fuel section 102(2)(C) of the National Environ- of an interim storage facility, or the con- receipt operations at a repository by Janu- mental Policy Act of 1969 (42 U.S.C. struction of an interim storage facility at ary 17, 2010, the license shall authorize a 4332(2)(C)) or any environmental review the designated site is not approved by law storage capacity of 60,000 MTU. The license under subparagraph (E) or (F) of such Act be- within 24 months of the President’s deter- application shall be submitted such that the fore conducting these activities. mination that the Yucca Mountain site is license can be issued to permit the second ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— not suitable for development as a repository, phase facility to begin full spent nuclear fuel ‘‘(A) FINAL DECISION.—A final decision by the Secretary shall begin construction of an receipt operations no later than December the Commission to grant or deny a license interim storage facility at the interim stor- 31, 2002. The license for the second phase application for the first or second phase of age facility site as defined in section 2(19) of shall have an initial term of up to 100 years, the interim storage facility shall be accom- this Act. The interim storage facility site as and shall be renewable for additional terms panied by an Environmental Impact State- defined in section 2(19) of this Act shall be upon application of the Secretary. ment prepared under section 102(2)(C) of the deemed to be approved by law for purposes of ‘‘(e) ADDITIONAL AUTHORITY.— National Environmental Policy Act of 1969 this section. ‘‘(1) CONSTRUCTION.—For purposes of com- (42 U.S.C. 4332(2)(C)). In preparing such Envi- ‘‘(2) Upon the designation of an interim plying with this section, the Secretary may ronmental Impact Statement, the Commis- storage facility site by the President under commence site preparation for the interim sion— paragraph (1)(D), the Secretary shall proceed storage facility as soon as practicable after ‘‘(i) shall ensure that the scope of the Envi- forthwith and without further delay with all the date of enactment of the Nuclear Waste ronmental Impact Statement is consistent activities necessary to begin storing spent Policy Act of 1996 and shall commence con- with the scope of the licensing action; and nuclear fuel and high-level radioactive waste struction of each phase of the interim stor- ‘‘(ii) shall analyze the impacts of the trans- at an interim storage facility at the des- age facility subsequent to submittal of the portation of spent nuclear fuel and high-level ignated site, except that the Secretary shall license application for such phase except radioactive waste to the interim storage fa- not begin any construction activities at the that the Commission shall issue an order cility in a generic manner. designated interim storage facility site be- suspending such construction at any time if ‘‘(B) CONSIDERATIONS.—Such Environ- fore the designated interim storage facility the Commission determines that such con- mental Impact Statement shall not con- site is approved by law. struction poses an unreasonable risk to pub- sider— ‘‘(c) DESIGN.— lic health and safety or the environment. ‘‘(i) the need for the interim storage facil- ‘‘(1) The interim storage facility shall be The Commission shall terminate all or part ity, including any individual component designed in two phases in order to commence of such order upon a determination that the thereof; operations no later than November 30, 1999. Secretary has taken appropriate action to ‘‘(ii) the time of the initial availability of The design of the interim storage facility eliminate such risk. the interim storage facility; shall provide for the use of storage tech- ‘‘(2) FACILITY USE.—Notwithstanding any ‘‘(iii) any alternatives to the storage of nologies, licensed, approved, or certified by otherwise applicable licensing requirement, spent nuclear fuel and high-level radioactive the Commission for use at the interim stor- the Secretary may utilize any facility owned waste at the interim storage facility; age facility as necessary to ensure compat- by the Federal Government on the date of ‘‘(iv) any alternatives to the site of the fa- ibility between the interim storage facility enactment of the Nuclear Waste Policy Act cility as designated by the Secretary in ac- and contract holders’ spent nuclear fuel and of 1996 within the boundaries of the interim cordance with subsection (a); facilities, and to facilitate the Secretary’s storage facility site, in connection with an ‘‘(v) any alternatives to the design criteria ability to meet the Secretary’s obligations imminent and substantial endangerment to for such facility or any individual compo- under this Act. public health and safety at the interim stor- nent thereof, as specified by the Secretary in ‘‘(2) The Secretary shall consent to an age facility prior to commencement of oper- the license application; or amendment to the contracts to provide for ations during the second phase. ‘‘(vi) the environmental impacts of the reimbursement to contract holders for trans- ‘‘(3) EMPLACEMENT OF FUEL AND WASTE.— storage of spent nuclear fuel and high-level portable storage systems purchased by con- Subject to paragraph (i), once the Secretary radioactive waste at the interim storage fa- tract holders if the Secretary determines has achieved the annual acceptance rate for cility beyond the initial term of the license that it is cost effective to use such trans- spent nuclear fuel from civilian nuclear or the term of the renewal period for which portable storage systems as part of the inte- power reactors established pursuant to the a license renewal application is made. grated management system, provided that contracts executed prior to the date of en- ‘‘(g) JUDICIAL REVIEW.—Judicial review of the Secretary shall not be required to expend actment of the Nuclear Waste Policy Act of the Commission’s environmental impact any funds to modify contract holders’s stor- 1996, as set forth in the Secretary’s annual statement under the National Environ- age or transport systems or to seek addi- capacity report dated March, 1995 (DOE/RW– mental Policy Act of 1969 (42 U.S.C. 4321 et tional regulatory approvals in order to use 0457), the Secretary shall accept, in an seq.) shall be consolidated with judicial re- such systems. amount not less than 25% of the difference view of the Commission’s licensing decision. ‘‘(d) LICENSING.— between the contractual acceptance rate and No court shall have jurisdiction to enjoin the ‘‘(1) PHASES.—The interim storage facility the annual emplacement rate for spent nu- construction or operation of the interim shall be licensed by the Commission in two clear fuel from civilian nuclear power reac- storage facility prior to its final decision on phases in order to commence operations no tors established under section 507(a), the fol- review of the Commission’s licensing action. later than November 30, 1999. lowing radioactive materials: ‘‘(h) WASTE CONFIDENCE.—The Secretary’s ‘‘(2) FIRST PHASE.—No later than 12 ‘‘(A) spent nuclear fuel or high-level radio- obligation to construct and operate the in- months after the date of enactment of the active waste of domestic origin from civilian terim storage facility in accordance with Nuclear Waste Policy Act of 1996, the Sec- nuclear power reactors that have perma- this section and the Secretary’s obligation retary shall submit to the Commission an nently ceased operation on or before the date to develop an integrated management sys- application for a license for the first phase of of enactment of the Nuclear Waste Policy tem in accordance with the provisions of this the interim storage facility. The Environ- Act of 1996; Act, shall provide sufficient and independent mental Report and Safety Analysis Report ‘‘(B) spent nuclear fuel from foreign re- grounds for any further findings by the Com- submitted in support of such license applica- search reactors, as necessary to promote mission of reasonable assurance that spent tion shall be consistent with the scope of au- non-proliferation objectives; and nuclear fuel and high-level radioactive waste thority requested in the license application. ‘‘(C) spent nuclear fuel, including spent nu- will be disposed of safely and on a timely The license issued for the first phase of the clear fuel from naval reactors, and high-level basis for purposes of the Commission’s deci- interim storage facility shall have a term of radioactive waste from atomic energy de- sion to grant or amend any license to oper- 20 years. The interim storage facility li- fense activities. ate any civilian nuclear power reactor under censed in the first phase shall have a capac- ‘‘(f) NATIONAL ENVIRONMENTAL POLICY ACT the Atomic Energy Act of 1954 (42 U.S.C. 2011, ity of not more than 15,000 MTU. The Com- OF 1969.— et seq.). mission shall issue a final decision granting ‘‘(1) PRELIMINARY DECISIONMAKING ACTIVI- ‘‘(i) STORAGE OF OTHER SPENT NUCLEAR or denying the application for the first phase TIES.—The Secretary’s and President’s ac- FUEL AND HIGH-LEVEL RADIOACTIVE WASTE.— license no later than 16 months from the tivities under this section, including, but not No later than 18 months following the date date of the submittal of the application for limited to, the selection of a site for the in- of enactment of the Nuclear Waste Policy such license. terim storage facility, assessments, deter- Act of 1996, the Commission shall, by rule, ‘‘(3) SECOND PHASE.—No later than 30 minations and designations made under sec- establish criteria for the storage in the in- months after the date of enactment of the tion 204(b), the preparation and submittal of terim storage facility of fuel and waste list- Nuclear Waste Policy Act of 1996, the Sec- a license application and supporting docu- ed in paragraph (e)(3)(A) through (C), to the retary shall submit to the Commission an mentation, the construction of a facility extent such criteria are not included in regu- application for a license for the second phase under paragraph (e)(1) of this section, and fa- lations issued by the Commission and exist- interim storage facility. The license for the cility use pursuant to paragraph (e)(2) of this ing on the date of enactment of the Nuclear second phase facility shall authorize a stor- section shall be considered preliminary deci- Waste Policy Act of 1996. Following estab- age capacity of 40,000 MTU. If the Secretary sionmaking activities for purposes of judi- lishment of such criteria, the Secretary shall September 12, 1996 CONGRESSIONAL RECORD — SENATE S10483 seek authority, as necessary, to store fuel ‘‘(C) consistent with the common defense accordance with subsection (b) to incor- and waste listed in paragraph (e)(3)(A) and security. porate each of the following licensing stand- through (C) at the interim storage facility. ‘‘(2) LICENSE.—Following substantial com- ards; None of the activities carried out pursuant pletion of construction and the filing of any ‘‘(1) ESTABLISHMENT OF OVERALL SYSTEM to this paragraph shall delay, or otherwise additional information needed to complete PERFORMANCE STANDARD.—The standard for affect, the development, construction, li- the license application, the Commission protection of the public from release of ra- censing, or operation of the interim storage shall issue a license to dispose of spent nu- dioactive material or radioactivity from the facility. clear fuel and high-level radioactive waste in repository shall prohibit releases that would ‘‘(j) SAVINGS CLAUSE.—The Commission the repository if the Commission determines expose an average member of the general shall, by rule, establish procedures for the li- that the repository has been constructed and population in the vicinity of the Yucca censing of any technology for the dry stor- will operate— Mountain site to an annual dose in excess of age of spent nuclear fuel by rule and with- ‘‘(A) in conformity with the Secretary’s 100 millirens unless the Commission deter- out, to the maximum extent possible, the application, the provisions of this Act, and mines by the rule that such standard would need for site-specific approvals by the Com- the regulations of the Commission; constitute an unreasonable risk to health mission. Nothing in this Act shall affect any ‘‘(B) without unreasonable risk to the and safety and establishes by rule another such procedures, or any licenses or approvals health and safety of the public; and standard which will protect health and safe- issued pursuant to such procedures in effect ‘‘(C) consistent with the common defense ty. Such standard shall constitute an overall on the date of enactment. and security. system performance standard. ‘‘(3) CLOSURE.—After emplacing spent nu- ‘‘SEC. 205. PERMANENT REPOSITORY. ‘‘(2) APPLICATION OF OVERALL SYSTEM PER- clear fuel and high-level radioactive waste in FORMANCE STANDARD.—The Commission shall ‘‘(a) REPOSITORY CHARACTERIZATION.— the repository and collecting sufficient con- issue the license if finds reasonable assur- ‘‘(1) GUIDELINES.—The guidelines promul- firmatory data on repository performance to gated by the Secretary and published at 10 ance that for the first 1,000 years following reasonably confirm the basis for repository CFR part 960 are annulled and revoked and the commencement of repository operations, closure consistent with the Commission’s the Secretary shall make no assumptions or the overall system performance standard regulations applicable to the licensing of a conclusions about the licensability of the will be met based on probabilistic evalua- repository, as modified in accordance with Yucca Mountain site as a repository by ref- tion, as appropriate, of compliance with the this Act, the Secretary shall apply to the erence to such guidelines. overall system performance standard in Commission to amend the license to permit paragraph (1). ‘‘(2) SITE CHARACTERIZATION ACTIVITIES.— permanent closure of the repository. The ACTORS.—For purposes of making the The Secretary shall carry out appropriate ‘‘(3) F Commission shall grant such license amend- finding in paragraph (2)— site characterization activities at the Yucca ment upon finding that there is reasonable ‘‘(A) the Commission shall not consider Mountain site in accordance with the Sec- assurance that the repository can perma- catastrophic events where the health con- retary’s program approach to site character- nently closed— sequences of individual events themselves ization. The Secretary shall modify or elimi- ‘‘(A) in conformity with the Secretary’s can be reasonably assumed to exceed the nate those site characterization activities application to amend the license, the provi- health consequences due to the impact of the designed only to demonstrate the suitability sions of this Act, and the regulations of the events on repository performance; of the site under the guidelines referenced in Commission; ‘‘(B) for the purpose of this section, an av- paragraph (1). ‘‘(B) without unreasonable risk to the erage member of the general population in CHEDULE DATE.—Consistent with the ‘‘(3) S health and safety of the public; and the vicinity of the Yucca Mountain site schedule set forth in the program approach, ‘‘(C) consistent with the common defense means a person whose physiology, age, gen- as modified to be consistent with the Nu- and security. eral health, agricultural practice, eating clear Waste Policy Act of 1996, no later than ‘‘(4) POST-CLOSURE.—The Secretary shall habits, and social behavior represent the av- February 1, 2002, the Secretary shall apply to take those action necessary and appropriate erage for persons living in the vicinity of the the Commission for authorization to con- at the Yucca Mountain site to prevent any site, Extremes in social behavior, eating struct a repository. If, at any time prior to activity at the site subsequent to repository habits, or other relevant practices or charac- the filing of such application, the Secretary closure that poses an unreasonable risk of— teristics shall not be considered; and determines that the Yucca Mountain site ‘‘(A) breaching the repository’s engineered ‘‘(C) the Commission shall assume that, cannot satisfy the Commission’s regulations or geologic barriers; or following repository closure, the inclusion of applicable to the licensing of a geologic re- ‘‘(B) increasing the exposure of individual engineered barriers and the Secretary’s post- pository, the Secretary shall terminate site members of the public to radiation beyond closure actions at the Yucca Mountain site, characterization activities at the site, notify the release standard established in sub- in accordance with subsection (b)(4), shall be Congress and the State of Nevada of the Sec- section (d)(1). sufficient to— retary’s determination and the reasons ‘‘(c) MODIFICATION OF REPOSITORY LICENS- ‘‘(i) prevent any human activity at the site therefor, and recommend to Congress not ING PROCEDURE.—The Commission’s regula- that poses an unreasonable risk of breaching later than 6 months after such determinations shall provide for the modification of the repository’s engineered or geologic bar- tion further actions, including the enact- the repository licensing procedure, as appro- riers; and ment of legislation, that may be needed to priate, in the event that the Secretary seeks ‘‘(ii) prevent any increase in the exposure manage the Nation’s spent nuclear fuel and a license to permit the emplacement in the of individual members of the public to radi- high-level radioactive waste. repository, on a retrievable basis, of spent ation beyond the allowable limits specified ‘‘(4) MAXIMIZING CAPACITY.—In developing nuclear fuel or high-level radioactive waste in paragraph (1). an application for authorization to construct as is necessary to provide the Secretary with ‘‘(4) ADDITIONAL ANALYSIS.—The Commis- the repository, the Secretary shall seek to sufficient confirmatory data on repository sion shall analyze the overall system per- maximize the capacity of the repository, in performance to reasonably confirm the basis formance through the use of probabilistic the most cost-effective manner, consistent for repository closure consistent with appli- evaluations that use best estimate assump- with the need for disposal capacity. cable regulations. tions, data, and methods for the period com- ‘‘(b) REPOSITORY LICENSING.—Upon the ‘‘(d) REPOSITORY LICENSING STANDARDS.— mencing after the first 1,000 years of oper- completion of any licensing proceeding for The Administrator of the Environmental ation of the repository and terminating at the first phase of the interim storage facil- Protection Agency shall, pursuant to author- 10,000 years after the commencement of oper- ity, the Commission shall amend its regula- ity under other provisions of law, issue gen- ation of the repository. tions governing the disposal of spent nuclear erally applicable standards for the protec- ‘‘(e) NATIONAL ENVIRONMENTAL POLICY fuel and high-level radioactive waste in geo- tion of the public from releases of radio- ACT.— logic repositories to the extent necessary to active materials or radioactivity from the ‘‘(1) SUBMISSION OF STATEMENT.—Construc- comply with this Act. Subject to subsection repository. Such standards shall be consist- tion and operation of the repository shall be (c), such regulations shall provide for the li- ent with the overall system performance considered a major Federal action signifi- censing of the repository according to the standard established by this subsection un- cantly affecting the quality of the human en- following procedures: less the Administrator determines by rule vironment for purposes of the National Envi- ‘‘(1) CONSTRUCTION AUTHORIZATION.—The that the overall system performance stand- ronmental Policy Act of 1969 (42 U.S.C. 4321 Commission shall grant the Secretary a con- ard would constitute an unreasonable risk to et seq.). The Secretary shall submit an envi- struction authorization for the repository health and safety. The Commission’s reposi- ronmental impact statement on the con- upon determining that there is reasonable tory licensing determinations for the protec- struction and operation of the repository to assurance that spent nuclear fuel and high- tion of the public shall be based solely on a the Commission with the license application level radioactive waste can be disposed of in finding whether the repository can be oper- and shall supplement such environmental the respository— ated in conformance with the overall system impact statement as appropriate. ‘‘(A) in conformity with the Secretary’s performance standard established in para- ‘‘(2) CONSIDERATIONS.—For purposes of application, the provisions of this Act, and graph (1), applied in accordance with the pro- complying with the requirements of the Na- the regulations of the Commission; visions of paragraph (2), and the Administra- tional Environmental Policy Act of 1969 and ‘‘(B) without unreasonable risk to the tor’s radiation protection standards. The this section, the Secretary shall not consider health and safety of the public; and Commission shall amend its regulations in in the environmental impact statement the S10484 CONGRESSIONAL RECORD — SENATE September 12, 1996

need for the repository, or alternative sites the Yucca Mountain site with the Congress, ‘‘(A) PERIOD.—Any affected Indian tribe or or designs for the repository. the Secretary of the Interior, the Governor affected unit of local government may not ‘‘(3) ADOPTION BY COMMISSION.—The Sec- of Nevada, and the Archivist of the United receive any grant under paragraph (1) after retary’s environmental impact statement States. the expiration of the 1-year period following and any supplements thereto shall, to the ex- ‘‘(5) CONSTRUCTION.—The maps and legal the date on which the Secretary notifies the tent practicable, be adopted to the Commis- descriptions of the interim storage facility affected Indian tribe or affected unit of local sion in connection with the issuance by the site and the Yucca Mountain site referred to government of the termination of the oper- Commission of a construction authorization in this subsection shall have the same force ation of the integrated management system. under subsection (b)(1), a license under sub- and effect as if they were included in this ‘‘(B) ACTIVITIES.—Any affected Indian tribe section (b)(2), or a license amendment under Act. The Secretary may correct clerical and or affected unit of local government may not subsection (b)(3). To the extent such state- typographical errors in the maps and legal receive any further assistance under this sec- ment or supplement is adopted by the Com- descriptions and make minor adjustments in tion if the integrated management system mission, such adoption shall be deemed to the boundaries of the sites. activities at such site are terminated by the also satisfy the responsibilities of the Com- ‘‘TITLE III—LOCAL RELATIONS Secretary or if such activities are perma- mission under the National Environmental ‘‘SEC 301. FINANCIAL ASSISTANCE. nently enjoined by any court. Policy Act of 1969, and no further consider- ‘‘(a) GRANTS.—The Secretary is authorized SEC. 302. ON-SITE REPRESENTATIVE ation shall be required, except that nothing to make grants to any affected Indian tribe ‘‘The Secretary shall offer to the unit of in this subsection shall affect any independ- or affected unit of local government for pur- local government within whose jurisdiction a ent responsibilities of the Commission to poses of enabling the affected Indian tribe or site for an interim storage facility or reposi- protect the public health and safety under affected unit of local government— tory is located under this Act an opportunity the Atomic Energy Act of 1954. In any such ‘‘(1) to review activities taken with respect to designate a representative to conduct on- statement or supplement prepared with re- to the Yucca Mountain site for purposes of site oversight activities at such site. The spect to the repository, the Commission determining any potential economic, social, Secretary is authorized to pay the reason- shall not consider the need for a repository, public health and safety, and environmental able expenses of such representative. or alternate sites or designs for the reposi- impacts of the integrated management sys- SEC. 303. ACCEPTANCE OF BENEFITS. tory. tem on the affected Indian tribe or the af- ‘‘(a) CONSENT.—The acceptance or use of ‘‘(f) JUDICIAL REVIEW.—No court shall have fected unit of local government and its resi- any of the benefits provided under this title jurisdiction to enjoin issuance of the Com- dents; by any affected Indian tribe or affected unit mission repository licensing regulations ‘‘(2) to develop a request for impact assist- of local government shall not be deemed to prior to its final decision on review of such ance under subsection (c); be an expression of consent, express, or im- regulations. ‘‘(3) to engage in any monitoring, testing, plied, either under the Constitution of the ‘‘SEC. 206. LAND WITHDRAWAL. or evaluation activities with regard to such State or any law thereof, to the siting of an ‘‘(a) WITHDRAWAL AND RESERVATION.— site; interim storage facility or repository in the ‘‘(1) WITHDRAWAL.—Subject to valid exist- ‘‘(4) to provide information to residents re- State of Nevada, any provision of such Con- ing rights, the interim storage facility site garding any activities of the Secretary, or stitution or laws to the contrary notwith- and the Yucca Mountain site, as described in the Commission with respect to such site; standing. subsection (b), are withdrawn from all forms and ‘‘(b) ARGUMENTS.—Neither the United of entry, appropriation, and disposal under ‘(5) to request information from, and make States nor any other entity may assert any the public land laws, including the mineral comments and recommendations to, the Sec- argument based on legal or equitable estop- leasing laws, the geothermal leasing laws, retary regarding any activities taken with pel, or acquiescence, or waiver, or consensual the material sale laws, and the mining laws. respect to such site. involvement, in response to any decision by ‘‘(b) SALARY AND TRAVEL EXPENSES.—Any ‘‘(2) JURISDICTION.—Jurisdiction of any the State to oppose the siting in Nevada of salary or travel expense that would ordi- land within the interim storage facility site an interim storage facility or repository pre- narily be incurred by any affected Indian and the Yucca Mountain site managed by the mised upon or related to the acceptance or tribe or affected unit of local government Secretary of the Interior or any other Fed- use of benefits under this title. may not be considered eligible for funding eral officer is transferred to the Secretary. ‘‘(c) LIABILITY.—No liability of any nature under this section. ‘‘(3) RESERVATION.—The interim storage fa- shall accrue to be asserted against any offi- ‘‘(c) FINANCIAL AND TECHNICAL ASSIST- cility site and the Yucca Mountain site are cial of any governmental unit of Nevada pre- ANCE.— reserved for the use of the Secretary for the mised solely upon the acceptance or use of ‘‘(1) ASSISTANCE REQUESTS.—The Secretary benefits under this title. construction and operation, respectively, of is authorized to offer to provide financial the interim storage facility and the reposi- and technical assistance to any affected In- SEC. 304. RESTRICTIONS ON USE OF FUNDS. tory and activities associated with the pur- dian tribe or affected unit of local govern- ‘‘None of the funding provided under this poses of this title. ment requesting such assistance. Such as- title may be used— ‘‘(b) LAND DESCRIPTION.— sistance shall be designed to mitigate the ‘‘(1) directly or indirectly to influence leg- ‘‘(1) BOUNDARIES.—The boundaries depicted impact on the affected Indian tribe or af- islative action on any matter pending before on the map entitled ‘‘Interim Storage Facil- fected unit of local government of the devel- Congress or a State legislature or for any ity Site Withdrawal Map,’’ dated March 13, opment of the integrated management sys- lobbying activity as provided in section 1913 1996, and on file with the Secretary, are es- tem. of title 18, United States Code; ‘‘(2) for litigation purposes; and tablished as the boundaries of the Interim ‘‘(2) REPORT.—Any affected Indian tribe or ‘‘(3) to support multistate efforts or other Storage Facility site. affected unit of local government may re- coalition-building activities inconsistent ‘‘(2) BOUNDARIES.—The boundaries depicted quest assistance under this section by pre- with the purposes of this Act. on the map entitled ‘Yucca Mountain Site paring and submitting to the Secretary a re- Withdrawal Map,’ dated July 9, 1996, and on port on the economic, social, public health SEC. 305. LAND CONVEYANCES. file with the Secretary, are established as and safety, and environmental impacts that ‘‘(a) CONVEYANCES OF PUBLIC LANDS.—One the boundaries of the Yucca Mountain site. are likely to result from activities of the in- hundred and twenty days after enactment of ‘‘(3) NOTICE AND MAPS.—Within 6 months of tegrated management system. this Act, all right, title and interest of the the date of the enactment of the Nuclear ‘‘(d) OTHER ASSISTANCE.— United States in the property described in Waste Policy Act of 1996, the Secretary ‘‘(1) TAXABLE AMOUNTS.—In addition to fi- subsection (b), and improvements thereon, shall— nancial assistance provided under this sub- together with all necessary easements for ‘‘(A) publish in the Federal Register a no- section, the Secretary is authorized to utilities and ingress and egress to such prop- tice containing a legal description of the in- grants to any affected Indian tribe or af- erty, including, but not limited to, the right terim storage facility site; and fected unit of local government an amount to improve those easements, are conveyed by ‘‘(B) file copies of the maps described in each fiscal year equal to the amounts such operation of law to the County of Nye, Ne- paragraph (1), and the legal description of affected Indian tribe or affected unit of local vada, unless the county notifies the Sec- the interim storage facility site with the government, respectively, would receive if retary of Interior or the head of such other Congress, the Secretary of the Interior, the authorized to tax integrated management appropriate agency in writing within 60 days Governor of Nevada, and the Archivist of the system activities, as such affected Indian of such date of enactment that it elects not United States. tribe or affected unit of local government to take title to all or any part of the prop- ‘‘(4) NOTICE AND MAPS.—Concurrent with taxes the non-Federal real property and in- erty, except that any lands conveyed to the the Secretary’s application to the Commis- dustrial activities occurring within such af- County of Nye under this subsection that are sion for authority to construct the reposi- fected unit of local government. subject to a Federal grazing permit or lease tory, the Secretary shall— ‘‘(2) TERMINATION.—Such grants shall con- or a similar federally granted permit or lease ‘‘(A) publish in the Federal Register a no- tinue until such time as all such activities, shall be conveyed between 60 and 120 days of tice containing a legal description of the development, and operations are terminated the earliest time the Federal agency admin- Yucca Mountain site; and at such site. istering or granting the permit or lease ‘‘(B) file copies of the maps described in ‘‘(3) ASSISTANCE TO INDIAN TRIBES AND would be able to legally terminate such right paragraph (2), and the legal description of UNITS OF LOCAL GOVERNMENT.— under the statutes and regulations existing September 12, 1996 CONGRESSIONAL RECORD — SENATE S10485 at the date of enactment of this Act, unless power reactor based on the amount of elec- ‘‘(ii) the Secretary affirms in writing that Nye County and the affected holder of the tricity generated and sold, except that the such person is actively and in good faith ne- permit or lease negotiate an agreement that annual fee collected under this subparagraph gotiating with the Secretary for a contract allows for an earlier conveyance. shall not exceed 1.0 mill per kilowatt-hour under this section. ‘‘(b) SPECIAL CONVEYANCES.—Notwith- generated and sold. ‘‘(B) PRECONDITION.—The Commission, as it standing any other law, the following public ‘‘(B) EXPENDITURES IF SHORTFALL.—If, dur- deems necessary or appropriate, may require lands depicted on the maps and legal descrip- ing any fiscal year on or after October 1, as a precondition to the issuance or renewal tions dated October 11, 1995, and on file with 2002, the aggregate amount of fees assessed of a license under section 103 or 104 of the the Secretary shall be conveyed under sub- pursuant to subparagraph (A) is less than the Atomic Energy Act of 1954 (42 U.S.C. 2133, section (a) to the County of Nye, Nevada: annual level of appropriations for expendi- 2134) that the applicant for such license shall Map 1: Proposed Pahrump Industrial Park tures on those activities specified in sub- have entered into an agreement with the Site section (d) for that fiscal year, minus— Secretary for the disposal of spent nuclear Map 2: Proposed Lathrop Wells (Gate 510) ‘‘(i) any unobligated balance collected pur- fuel and high-level radioactive waste that Industrial Park Site suant to this section during the previous fis- may result from the use of such license. Map 3: Pahrump Landfill Sites cal year; and ‘‘(2) DISPOSAL IN REPOSITORY.—Except as Map 4: Amargosa Valley Regional Landfill ‘‘(ii) the percentage of such appropriations provided in paragraph (1), no spent nuclear Site required to be funded by the Federal Govern- fuel or high-level radioactive waste gen- Map 5: Amargosa Valley Municipal Land- ment pursuant to section 403, erated or owned by any person (other than a fill Site the Secretary may make expenditures from department of the United States referred to Map 6: Beatty Landfill/Transfer Station the Nuclear Waste Fund up to the level of in section 101 or 102 of title 5, United States Site the fees assessed. Code) may be disposed of by the Secretary in Map 7: Round Mountain Landfill Site ‘‘(C) RULES.—The Secretary shall, by rule, the repository unless the generator or owner Map 8: Tonopah Landfill Site establish procedures necessary to implement of such spent fuel or waste has entered into Map 9: Gabbs Landfill Site. this paragraph. a contract under subsection (a) with the Sec- retary by not later than the date on which ‘‘(3) CONSTRUCTION.—The maps and legal ‘‘(3) ONE-TIME FEE.—For spent nuclear fuel descriptions of special conveyances referred or solidified high-level radioactive waste de- such generator or owner commences genera- to in subsection (b) shall have the same force rived from spent nuclear fuel, which fuel was tion of, or takes title to, such spent fuel or waste. and effect as if they were included in this used to generate electricity in a civilian nuclear power reactor prior to January 7, 1983, ‘‘(3) ASSIGNMENT.—The rights and duties of Act. The Secretary may correct clerical and contract holders are assignable. typographical errors in the maps and legal the fee shall be in an amount equivalent to an average charge of 1.0 mill per kilowatt- ‘‘(c) NUCLEAR WASTE FUND.— descriptions and make minor adjustments in ‘‘(1) IN GENERAL.—The Nuclear Waste Fund hour for electricity generated by such spent the boundaries of the sites. established in the Treasury of the United nuclear fuel, or such solidified high-level ‘‘(4) EVIDENCE OF TITLE TRANSFER.—Upon States under section 302(c) of the Nuclear waste derived therefrom. Payment of such the request of the County of Nye, Nevada, Waste Policy Act of 1982 shall continue in ef- one-time fee prior to the date of enactment the Secretary of the Interior shall provide fect under this Act and shall consist of— evidence of title transfer. of the Nuclear Waste Policy Act of 1996 shall ‘‘(A) the existing balance in the Nuclear satisfy the obligation imposed under this ‘‘TITLE IV—FUNDING AND Waste Fund on the date of enactment of the paragraph. Any one-time fee paid and col- ORGANIZATION Nuclear Waste Policy Act of 1996; and lected subsequent to the date of enactment ‘‘(B) all receipts, proceeds, and recoveries ‘‘SEC. 401. PROGRAM FUNDING. of the Nuclear Waste Policy Act of 1996 pur- realized under subsections (a), and (c)(3) sub- ‘‘(a) CONTRACTS.— suant to the contracts, including any inter- sequent to the date of enactment of the Nu- ‘‘(1) AUTHORITY OF SECRETARY.—In the per- est due pursuant to such contracts, shall be clear Waste Policy of 1996, which shall be de- formance of the Secretary’s functions under paid to the Nuclear Waste Fund no later posited in the Nuclear Waste Fund imme- this Act, the Secretary is authorized to enter than September 30, 2002. The Commission diately upon their realization. into contracts with any person who gen- shall suspend the license of any licensee who ‘‘(2) USE.—The Secretary may make ex- erates or holds title to spent nuclear fuel or fails or refuses to pay the full amount of the penditures from the Nuclear Waste Fund, high level radioactive waste of domestic ori- fee referred to in this paragraph on or before subject to subsections (d) and (e), only for gin for the acceptance of title and posses- September 30, 2002, and the license shall re- purposes of the integrated management sys- sion, transportation, interim storage, and main suspended until the full amount of the tem. disposal of such waste or spent fuel. Such fee referred to in this paragraph is paid. The ‘‘(3) ADMINISTRATION OF NUCLEAR WASTE contracts shall provide for payment of an- person paying the fee under this paragraph FUND.— nual fees to the Secretary in the amounts set to the Secretary shall have no further finan- (A) IN GENERAL.—The Secretary of the by the Secretary pursuant to paragraphs (2) cial obligation to the Federal Government Treasury shall hold the Nuclear Waste Fund and (3). Except as provided in paragraph (3), for the long-term storage and permanent dis- and, after consultation with the Secretary, fees assessed pursuant to this paragraph posal of spent fuel or high-level radioactive annually report to the Congress on the finan- shall be paid to the Treasury of the United waste derived from spent nuclear fuel used to cial condition and operations of the Nuclear States and shall be available for use by the generate electricity in a civilian power reac- Waste Fund during the preceding fiscal year. Secretary pursuant to this section until ex- tor prior to January 7, 1983. ‘‘(B) AMOUNTS IN EXCESS OF CURRENT pended. Subsequent to the date of enactment ‘‘(4) ADJUSTMENTS TO FEE.—The Secretary NEEDS.—If the Secretary determines that the of the Nuclear Waste Policy Act of 1996, the shall annually review the amount of the fees Nuclear Waste Fund contains at any time contracts executed under section 302(a) of established by paragraphs (2) and (3), to- amounts in excess of current needs, the Sec- the Nuclear Waste Policy Act of 1982 shall gether with the existing balance of the Nu- retary may request the Secretary of the continue in effect under this Act, provided clear Waste Fund on the date of enactment Treasury to invest such amounts, or any por- that the Secretary shall consent to an of the Nuclear Waste Policy Act of 1996, to tion of such amounts as the Secretary deter- amendment to such contracts as necessary evaluate whether collection of the fee will mines to be appropriate, in obligations of the to implement the provisions of this Act. provide sufficient revenues to offset the United States— ‘‘(2) ANNUAL FEES.— costs as defined in subsection (c)(2). In the ‘‘(i) having maturities determined by the ‘‘(A) For electricity generated by civilian event the Secretary determines that the rev- Secretary of the Treasury to be appropriate nuclear power reactors and sold between enues being collected are either insufficient to the needs of the Nuclear Waste Fund; and January 7, 1983, and September 30, 2002, the or excessive to recover the costs incurred by ‘‘(ii) bearing interest at rates determined fee under paragraph (1) shall be equal to 1.0 the Federal Government that are specified in to be appropriate by the Secretary of the mill per kilowatt hour generated and sold. subsection (c)(2), the Secretary shall propose Treasury, taking into consideration the current average market yield on outstanding For electricity generated by civilian nuclear an adjustment to the fee in subsection (c)(2) marketable obligations of the United States power reactors and sold on or after October to ensure full costs recovery. The Secretary with remaining periods to maturity com- 1, 2002, the aggregate amount of fees col- shall immediately transmit the proposal for parable to the maturities of such invest- lected during each fiscal year shall be no such an adjustment to both houses of Con- ments, except that the interest rate on such greater than the annual level of appropria- gress. ‘‘(b) ADVANCE CONTRACTING REQUIRE- investment shall not exceed the average in- tions for expenditures on those activities MENT.— terest rate applicable to existing borrowings. consistent with subsection (d) for that fiscal ‘‘(1) IN GENERAL.— ‘‘(C) EXEMPTION.—Receipts, proceeds, and year, minus— ‘‘(A) LICENSE ISSUANCE AND RENEWAL.—The recoveries realized by the Secretary under ‘‘(i) any unobligated balance collected pur- Commission shall not issue or renew a li- this section, and expenditures of amounts suant to this section during the previous fis- cense to any person to use a utilization or from the Nuclear Waste Fund, shall be ex- cal year; and production facility under the authority of empt from annual apportionment under the ‘‘(ii) the percentage of such appropriation section 103 or 104 of the Atomic Energy Act provisions of subchapter II of chapter 15 of required to be funded by the Federal Govern- of 1954 (42 U.S.C. 2133, 2134) unless— title 31, United States Code. ment pursuant to section 403. ‘‘(i) such person has entered into a con- ‘‘(d) BUDGET.—The Secretary shall submit The Secretary shall determine the level of tract under subsection (a) with the Sec- the budget for implementation of the Sec- the annual fee for each civilian nuclear retary; or retary’s responsibilities under this Act to S10486 CONGRESSIONAL RECORD — SENATE September 12, 1996 the Office of Management and Budget annu- and spent nuclear fuel from foreign research among the parties. The oral argument shall ally along with the budget of the Depart- rectors, as established under subsection (a). be preceded by such discovery procedures as ment of Energy submitted at such time in ‘‘TITLE V—GENERAL AND the rules of the Commission shall provide. accordance with chapter 11 of title 31, United MISCELLANEOUS PROVISIONS The Commission shall require each party, in- States Code. The budget shall consist of the cluding the Commission staff, to submit in ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS. estimates made by the Secretary of expendi- written form, at the time of the oral argu- ‘‘If the requirements of any Federal, State, tures under this Act and other relevant fi- ment, a summary of the facts, data, and ar- or local law (including a requirement im- nancial matters for the succeeding 3 fiscal guments upon which such party proposes to posed by regulation or by any other means years, and shall be included in the budget of rely that are known at such time to such under such a law) are inconsistent with or the United States Government. party. Only facts and data in the form of duplicative of the requirements of the Atom- ‘‘(e) APPROPRIATIONS.—The Secretary may sworn testimony or written submission may ic Energy Act (42 U.S.C. 2011 et seq.) or of make expenditures from the Nuclear Waste be relied upon by the parties during oral ar- this Act, the Secretary shall comply only Fund, subject to appropriations, which shall gument. Of the materials that may be sub- with the requirements of the Atomic Energy remain available until expended. mitted by the parties during oral argument, Act and this Act in implementing the inte- the Commission shall only consider those ‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE grated management system. WASTE MANAGEMENT. facts and data that are submitted in the ‘‘SEC. 502. JUDICIAL REVIEW OF AGENCY AC- form of sworn testimony or written submis- ‘‘(a) ESTABLISHMENT.—There hereby is es- TIONS. tablished within the Department of Energy sion. ‘‘(a) JURISDICTION OF THE UNITED STATES an Office of Civilian Radioactive Waste Man- ‘‘(b) ADJUDICATORY HEARING.— COURTS OF APPEALS.— agement. The Office shall be headed by a Di- ‘‘(1) DESIGNATION.—At the conclusion of ‘‘(1) ORIGINAL AND EXCLUSIVE JURISDIC- rector, who shall be appointed by the Presi- any oral argument under subsection (a), the TION.—Except for review in the Supreme Commission shall designate any disputed dent, by and with the advice and consent of Court of the United States, and except as question of fact, together with any remain- the Senate, and who shall be compensated at otherwise provided in this Act, the United ing questions of law, for resolution in an ad- the rate payable for level IV of the Executive States courts of appeals shall have original judicatory hearing only if it determines Schedule under section 5315 of title 5, United and exclusive jurisdiction over any civil ac- that— States Code. tion— ‘‘(A) there is a genuine and substantial dis- ‘‘(b) FUNCTIONS OF DIRECTOR.—The Director ‘‘(A) for review of any final decision or ac- pute of fact which can only be resolved with of the Office shall be responsible for carrying tion of the Secretary, the President, or the sufficient accuracy by the introduction of out the functions of the Secretary under this Commission under this Act; evidence in an adjudicatory hearing; and Act, subject to the general supervision of the ‘‘(B) alleging the failure of the Secretary, ‘‘(B) the decision of the Commission is Secretary. The Director of the Office shall be the President, or the Commission to make likely to depend in whole or in part on the directly responsible to the Secretary. any decision, or take any action, required resolution of such dispute. ‘‘SEC. 403. FEDERAL CONTRIBUTION. under this Act; ‘‘(2) DETERMINATION.—In making a deter- ‘‘(a) ALLOCATION.—No later than one year ‘‘(C) challenging the constitutionality of mination under this subsection, the Commis- from the date of enactment of the Nuclear any decision made, or action taken, under sion— Waste Policy Act of 1996, acting pursuant to any provision of this Act; or ‘‘(A) shall designate in writing the specific section 553 of title 5, United States Code, the ‘‘(D) for review of any environmental im- facts that are in genuine and substantial dis- Secretary shall issue a final rule establish- pact statement prepared or environmental pute, the reason why the decision of the ing the appropriate portion of the costs of assessment pursuant to the National Envi- agency is likely to depend on the resolution of such facts, and the reason why an adju- managing spent nuclear fuel and high-level ronmental Policy Act of 1969 (42 U.S.C. 4321 dicatory hearing is likely to resolve the dis- radioactive waste under this Act allocable to et seq.) with respect to any action under this pute; and the interim storage or permanent disposal of Act or alleging a failure to prepare such ‘‘(B) shall not consider— spent nuclear fuel and high-level radioactive statement with respect to any such action. ‘‘(i) any issue relating to the design, con- waste from atomic energy defense activities ‘‘(2) VENUE.—The venue of any proceeding struction, or operation of any civilian nu- and spent nuclear fuel from foreign research under this section shall be in the judicial cir- clear power reactor already licensed to oper- reactors. The share of costs allocable to the cuit in which the petitioner involved resides ate at such site, or any civilian nuclear management of spent nuclear fuel and high- or has its principal office, or in the United power reactor to which a construction per- level radioactive waste from atomic energy States Court of Appeals for the District of mit has been granted at such site, unless the defense activities and spent nuclear fuel Columbia Circuit. Commission determines that any such issue from foreign research reactors shall include, ‘‘(b) DEADLINE FOR COMMENCING ACTION.—A substantially affects the design, construc- ‘‘(1) an appropriate portion of the costs as- civil action for judicial review described tion, or operation of the facility or activity sociated with research and development ac- under subsection (a)(1) may be brought no for which such license application, author- tivities with respect to development of an in- later than 180 days after the date of the deci- ization, or amendment is being considered; terim storage facility and repository; and sion or action or failure to act involved, as or ‘‘(2) as appropriate, interest on the prin- the case may be, except that if a party shows ‘‘(ii) any siting or design issue fully consid- cipal amounts due calculated by reference to that he did not know of the decision or ac- ered and decided by the Commission in con- the appropriate Treasury bill rate as if the tion complained of (or of the failure to act), nection with the issuance of a construction payments were made at a point in time con- and that a reasonable person acting under permit or operating license for a civilian nu- sistent with the payment dates for spent nu- the circumstances would not have known, clear power reactor at such site, unless clear fuel and high-level radioactive waste such party may bring a civil action no later ‘‘(I) such issue results from any revision of under the contracts. than 180 days after the date such party ac- siting or design criteria by the Commission ‘‘(b) APPROPRIATION REQUEST.—In addition quired actual or constructive knowledge or following such decision; and to any request for an appropriation from the such decision, action, or failure to act. ‘‘(II) the Commission determines that such Nuclear Waste Fund, the Secretary shall re- ‘‘(c) APPLICATION OF OTHER LAW.—The pro- issue substantially affects the design, con- quest annual appropriations from general visions of this section relating to any matter struction, or operation of the facility or ac- revenues in amounts sufficient to pay the shall apply in lieu of the provisions of any tivity for which such license application, authorization, or amendment is being consid- costs of the management of spent nuclear other Act relating to the same matter. ered. fuel and high-level radioactive waste from ‘‘SEC. 503. LICENSING OF FACILITY EXPANSIONS ‘‘(3) APPLICATION.—The provisions of para- atomic energy defense activities and spent AND TRANSSHIPMENTS. graph (2)(B) shall apply only with respect to nuclear fuel from foreign research reactors, ‘‘(a) ORAL ARGUMENT.—In any Commission licenses, authorizations, or amendments to as established under subsection (a). hearing under section 189 of the Atomic En- licenses or authorizations, applied for under ‘‘(c) REPORT.—In conjunction with the an- ergy Act of 1954 (42 U.S.C. 2239) on an appli- the Atomic Energy Act of 1954 (42 U.S.C. 2011 nual report submitted to Congress under cation for a license, or for an amendment to et seq.) before December 31, 2005. Section 702, the Secretary shall advise the an existing license, filed after January 7, ‘‘(4) CONSTRUCTION.—The provisions of this Congress annually of the amount of spent 1983, to expand the spent nuclear storage ca- section shall not apply to the first applica- nuclear fuel and high-level radioactive waste pacity at the site of a civilian nuclear power tion for a license or license amendment re- from atomic energy defense activities and reactor, through the use of high-density fuel ceived by the Commission to expand onsite spent nuclear fuel from foreign research re- storage racks, fuel rod compaction, the spent fuel storage capacity by the use of a actors, requiring management in the inte- transshipment of spent nuclear fuel to an- new technology not previously approved for grated management system. other civilian nuclear power reactor within use at any nuclear power plant by the Com- ‘‘(d) AUTHORIZATION.—There is authorized the same utility system, the construction of mission. to be appropriated to the Secretary, from additional spent nuclear fuel pool capacity ‘‘(c) JUDICIAL REVIEW.—No court shall hold general revenues, for carrying out the pur- or dry storage capacity, or by other means, unlawful or set aside a decision of the Com- poses of this Act, such sums as may be nec- the Commission shall, at the request of any mission in any proceeding described in sub- essary to pay the costs of management of party, provide an opportunity for oral argu- section (a) because of a failure by the Com- spent nuclear fuel and high-level radioactive ment with respect to any matter which the mission to use a particular procedure pursu- waste from atomic energy defense activities Commission determines to be in controversy ant to this section unless— September 12, 1996 CONGRESSIONAL RECORD — SENATE S10487 ‘‘(1) an objection to the procedure used was under this subsection, the Secretary shall sume all responsibility and liability for the presented to the Commission in a timely maintain such waste and land in a manner interim storage and permanent disposal fashion or there are extraordinary cir- that will protect the public health and safe- thereof and is authorized to compensate cumstances that excuse the failure to ty, and the environment. Dairyland Power Cooperative for any costs present a timely objection; and ‘‘(c) SPECIAL SITES.—If the low-level radio- related to operating and maintaining facili- ‘‘(2) the count finds that such failure has active waste involved is the result of a li- ties necessary for such storage from the date precluded a fair consideration and informed censed activity to recover zirconium, haf- of acceptance until the Secretary removes resolution of a significant issue of the pro- nium, and rare earths from source material, the spent nuclear fuel from the La Crosse ceeding taken as a whole. the Secretary, upon request of the owner of Reactor site. ‘‘SEC. 504. SITING A SECOND REPOSITORY. the site involved, shall assume title and cus- ‘‘SEC. 509. DECOMMISSIONING PILOT PROGRAM. ‘‘(a) CONGRESSIONAL ACTION REQUIRED.— tody of such waste and the land on which it ‘‘(a) AUTHORIZATION.—The Secretary is au- The Secretary may not conduct site-specific is disposed when such site has been decon- thorized to establish a Decommissioning activities with respect to a second repository taminated and stabilized in accordance with Pilot Program to decommission and decon- unless Congress has specifically authorized the requirements established by the Com- taminate the sodium-cooled fast breeder ex- and appropriated funds for such activities. mission and when such owner has made ade- perimental test-site reactor located in ‘‘(b) REPORT.—The Secretary shall report quate financial arrangements approved by northwest Arkansas. to the President and to Congress on or after the Commission for the long-term mainte- ‘‘(b) FUNDING.—No funds from the Nuclear January 1, 2007, but not later than January 1, nance and monitoring of such site. Waste Fund may be used for the Decommis- 2010, on the need for a second repository. ‘‘SEC. 506. NUCLEAR REGULATORY COMMISSION sioning Pilot Program. TRAINING AUTHORIZATION. ‘‘SEC. 505. FINANCIAL ARRANGEMENTS FOR LOW- ‘‘SEC. 510. WATER RIGHTS. ‘‘The Commission is authorized and di- LEVEL RADIOACTIVE WASTE SITE ‘‘(a) NO FEDERAL RESERVATION.—Nothing rected to promulgate regulations, or other CLOSURE. in this Act or any other Act of Congress appropriate regulatory guidance, for the ‘‘(a) FINANCIAL ARRANGEMENTS.— shall constitute or be construed either an ex- training and qualifications of civilian nu- ‘‘(1) STANDARDS AND INSTRUCTIONS.—The press or implied Federal reservation of water clear power plant operators, supervisors, Commission shall establish by rule, regula- or water rights for any purpose arising under technicians, and other appropriate operating tion, or order, after public notice, and in ac- this Act. personnel. Such regulations or guidance cordance with section 181 of the Atomic En- ‘‘(b) ACQUISITION AND EXERCISE OF WATER shall establish simulator training require- ergy Act of 1954 (42 U.S.C. 2231), such stand- RIGHTS UNDER NEVADA LAW.—The United ments for applicants for civilian nuclear ards and instructions as the Commission States may acquire and exercise such water power plant operator licenses and for opera- may deem necessary or desirable to ensure in rights as it deems necessary to carry out its tor requalification programs; requirements the case of each license for the disposal of responsibilities under this Act pursuant to governing Commission administration of re- low-level radioactive waste that an adequate the substantive and procedural requirements qualification examinations; requirements for bond, surety, or other financial arrangement of the State of Nevada. Nothing in this Act operating tests at civilian nuclear power (as determined by the Commission) will be shall be construed to authorize the use of plant simulators, and instructional require- provided by a licensee to permit completion eminent domain by the United States to ac- ments for civilian nuclear power plant li- of all requirements established by the Com- quire water rights for such lands. censee personnel training programs. mission for the decontamination, decommis- ‘‘(c) EXERCISE OF WATER RIGHTS GEN- ‘‘SEC. 507. EMPLACEMENT SCHEDULE. sioning, site closure, and reclamation of ERALLY UNDER NEVADA LAWS.—Nothing in sites, structures, and equipment used in con- ‘‘(a) The emplacement schedule shall be this Act shall be construed to limit the exer- junction with such low-level radioactive implemented in accordance with the follow- cise of water rights as provided under Ne- waste. Such financial arrangements shall be ing: vada State laws. provided and approved by the Commission, ‘‘(1) Emplacement priority ranking shall ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL or, in the case of sites within the boundaries be determined by the Department’s annual REVIEW BOARD of any agreement State under section 274 of ‘Acceptance Priority Ranking’ report. the Atomic Energy Act of 1954 (42 U.S.C. ‘‘(2) The Secretary’s spent fuel emplace- ‘‘SEC. 601. DEFINITIONS. 2021), by the appropriate State or State en- ment rate shall be no less than the following: ‘‘For purposes of this title— tity, prior to issuance of licenses for low- 1,200 MTU in fiscal year 2000 and 1,200 MTU ‘‘(1) CHAIRMAN.—The term ‘‘Chairman’’ level radioactive waste disposal or, in the in fiscal year 2001; 2,000 MTU in fiscal year means the Chairman of the Nuclear Waste case of licenses in effect on January 7, 1983, 2002 and 2000 MTU in fiscal year 2003; 2,700 Technical Review Board prior to termination of such licenses. MTU in fiscal year 2004; and 3,000 MTU annu- ‘‘(2) BOARD.—The term ‘‘Board’’ means the ‘‘(2) BONDING, SURETY, OR OTHER FINANCIAL ally thereafter. Nuclear Waste Technical Review Board con- ARRANGEMENTS.—If the Commission deter- ‘‘(b) If the Secretary is unable to begin em- tinued under section 602. mines that any long-term maintenance or placement by November 30, 1999 at the rates ‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW monitoring, or both, will be necessary at a specified in subsection (a), or if the cumu- BOARD. site described in paragraph (1), the Commis- lative amount emplaced in any year there- ‘‘(a) CONTINUATION OF THE NUCLEAR WASTE sion shall ensure before termination of the after is less than that which would have been TECHNICAL REVIEW BOARD.—The Nuclear license involved that the licensee has made accepted under the emplacement rate speci- Waste Technical Review Board, established available such bonding, surety, or other fi- fied in subsection (a), the Secretary shall, as under section 502(a) of the Nuclear Waste nancial arrangements as may be necessary a mitigation measure, adjust the emplace- Policy Act of 1982 as constituted prior to the to ensure that any necessary long-term ment schedule upward such that within 5 date of enactment of the Nuclear Waste Pol- maintenance or monitoring needed for such years of the start of emplacement by the icy Act of 1996, shall continue in effect subse- site will be carried out by the person having Secretary, quent to the date of enactment of the Nu- title and custody for such site following li- ‘‘(1) the total quantity accepted by the clear Waste Policy Act of 1996. cense termination. Secretary is consistent with the total quan- ‘‘(b) MEMBERS.— ‘‘(b) TITLE AND CUSTODY.— tity that the Secretary would have accepted ‘‘(1) NUMBER.—The Board shall consist of 11 ‘‘(1) AUTHORITY OF SECRETARY.—The Sec- if the Secretary had began emplacement in members who shall be appointed by the retary shall have authority to assume title fiscal year 2000, and President not later than 90 days after De- and custody of low-level radioactive waste ‘‘(2) thereafter the emplacement rate is cember 22, 1987, from among persons nomi- and the land on which such waste is disposed equivalent to the rate that would be in place nated by the National Academy of Sciences of, upon request of the owner of such waste pursuant to paragraph (a) above if the Sec- in accordance with paragraph (3). and land and following termination of the li- retary had commenced emplacement in fis- ‘‘(2) CHAIR.—The President shall designate cense issued by the Commission for such dis- cal year 2000. a member of the Board to serve as Chairman. posal, if the Commission determines that— ‘‘SEC. 508. TRANSFER OF TITLE. ‘‘(3) NATIONAL ACADEMY OF SCIENCES.— ‘‘(A) the requirements of the Commission ‘‘(a) Acceptance by the Secretary of any ‘‘(A) NOMINATIONS.—The National Academy for site closure, decommissioning, and de- spent nuclear fuel or high-level radioactive of Sciences shall, not later than 90 days after contamination have been met by the licensee waste shall constitute a transfer of title to December 22, 1987, nominate no less than 22 involved and that such licensee is in compli- the Secretary. persons for appointment to the Board from ance with the provisions of subsection (a); ‘‘(b) No later than 6 months following the among persons who meet the qualifications ‘‘(B) such title and custody will be trans- date of enactment of the Nuclear Waste Pol- described in subparagraph (C). ferred to the Secretary without cost to the icy Act of 1996, the Secretary is authorized ‘‘(B) VACANCIES.—The National Academy of Federal Government; and to accept all spent nuclear fuel withdrawn Sciences shall nominate not less than 2 per- ‘‘(C) Federal ownership and management of from Dairyland Power Cooperative’s La sons to fill any vacancy on the Board from such site is necessary or desirable in order to Crosse Reactor and, upon acceptance, shall among persons who meet the qualifications protect the public health and safety, and the provide Dairyland Power Cooperative with described in subparagraph (C). environment. evidence of the title transfer. Immediately ‘‘(C) NOMINEES.— ‘‘(2) PROTECTION.—If the Secretary assumes upon the Secretary’s acceptance of such ‘‘(i) Each person nominated for appoint- title and custody of any such waste and land spent nuclear fuel, the Secretary shall as- ment to the Board shall be— S10488 CONGRESSIONAL RECORD — SENATE September 12, 1996 ‘‘(I) eminent in a field of science or engi- staff as may be necessary to discharge the that the program is operated, to the maxi- neering, including environmental sciences; responsibilities of the Board. mum extent practicable, in like manner as a and ‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff private business. ‘‘(II) selected solely on the basis of estab- shall be appointed subject to the provisions ‘‘(b) AUDITS.— lished records of distinguished service. of title 5, United States Code, governing ap- ‘‘(1) STANDARD.—The Office of Civilian Ra- ‘‘(ii) The membership of the Board shall be pointments in the competitive service, and dioactive Waste Management, its contrac- representatives of the broad range of sci- shall be paid in accordance with the provi- tors, and subcontractors at all tiers, shall entific and engineering disciplines related to sions of chapter 51 and subchapter III of conduct, or have conducted, audits and ex- activities under this title. chapter 3 of such title relating to classifica- aminations of their operations in accordance ‘‘(iii) No person shall be nominated for ap- tion and General Schedule pay rates. with the usual and customary practices of pointment to the Board who is an employee ‘‘(b) PROFESSIONAL STAFF.— private corporations engaged in large nu- of— ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to clear construction projects consistent with ‘‘(I) the Department of Energy; paragraphs (2) and (3), the Chairman may ap- its role in the program. ‘‘(II) a national laboratory under contract point and fix the compensation of such pro- ‘‘(2) TIME.—The management practices and with the Department of Energy; or fessional staff as may be necessary to dis- performances of the Office of Civilian Radio- ‘‘(III) an entity performing spent nuclear charge the responsibilities of the Board. active Waste Management shall be audited fuel or high-level radioactive waste activi- ‘‘(2) NUMBER.—Not more than 10 profes- every 5 years by an independent manage- ties under contract with the Department of sional staff members may be appointed ment consulting firm with significant expe- Energy. under this subsection. rience in similar audits of private corpora- ‘‘(4) VACANCIES.—Any vacancy on the ‘‘(3) TITLE 5.—Professional staff members tions engaged in large nuclear construction Board shall be filled by the nomination and may be appointed without regard to the pro- projects. The first such audit shall be con- appointment process described in paragraphs visions of title 5, United States Code, govern- ducted 5 years after the enactment of the (1) and (3). ing appointments in the competitive service, Nuclear Waste Policy Act of 1996. ‘‘(5) TERMS.—Members of the Board shall and may be paid without regard to the provi- ‘‘(3) COMPTROLLER GENERAL.—The Comp- be appointed for terms of 4 years, each such sions of chapter 51 and subchapter III of troller General of the United States shall an- term to commence 120 days after December chapter 53 of such title relating to classifica- nually make an audit of the Office, in ac- 22, 1987, except that of the 11 members first tion and General Schedule pay rates, except cordance with such regulations as the Comp- appointed to the Board, 5 shall serve for 2 that no individual so appointed may receive troller General may prescribe. The Comp- years and 6 shall serve for 4 years, to be des- pay in excess of the annual rate of basic pay troller General shall have access to such ignated by the President at the time of ap- payable for GS–18 of the General Schedule. books, records, accounts, and other mate- pointment, except that a member of the ‘‘SEC. 607. SUPPORT SERVICES. rials of the Office of the Comptroller General Board whose term has expired may continue determines to be necessary for the prepara- ‘‘(a) GENERAL SERVICES.—To the extent to serve as a member of the Board until such permitted by law and requested by the Chair- tion of such audit. The Comptroller General member’s successor has taken office. man, the Administrator of General Services shall submit to the Congress a report on the ‘‘SEC. 603. FUNCTIONS. shall provide the Board with necessary ad- results of each audit conducted under this ‘‘The Board shall limit its evaluations to ministrative services, facilities, and support section. ‘‘(4) TIME.—No audit contemplated by this the technical and scientific validity solely of on a reimbursable basis. subsection shall take longer than 30 days to the following activities undertaken directly ‘‘(b) ACCOUNTING, RESEARCH, AND TECH- conduct. An audit report shall be issued in by the Secretary after December 22, 1987— NOLOGY ASSESSMENT SERVICES.—The Comp- ‘‘(1) site characterization activities; and troller General and the Librarian of Congress final form no longer than 60 days after the ‘‘(2) activities of the Secretary relating to shall, to the extent permitted by law and audit is commenced. ‘‘(5) PUBLIC DOCUMENTS.—All audit reports the packaging or transportation of spent nu- subject to the availability of funds, provide shall be public documents and available to clear fuel or high-level radioactive waste. the Board with such facilities, support, funds any individual upon request. ‘‘SEC. 604. INVESTIGATORY POWERS and services including staff, as may be nec- ‘‘(d) VALUE ENGINEERING.—The Secretary ‘‘(a) HEARINGS.—Upon request of the Chair- essary for the effective performance of the shall create a value engineering function man or a majority of the members of the functions of the Board. within the Office of Civilian Radioactive Board, the Board may hold such hearings, sit ‘‘(c) ADDITIONAL SUPPORT.—Upon the re- Waste Management that reports directly to and act at such times and places, take such quest of the Chairman, the Board may secure the Director, which shall carry out value en- testimony, and receive such evidence, as the directly from the head of any department or gineering functions in accordance with the Board considers appropriate. Any member of agency of the United States information nec- usual and customary practices of private the Board may administer oaths or affirma- essary to enable it to carry out this title. corporations engaged in large nuclear con- tions to witnesses appearing before the ‘‘(d) MAILS.—The Board may use the Unit- struction projects. Board. The Secretary or the Secretary’s des- ed States mails in the same manner and ‘‘(e) SITE CHARACTERIZATION.—The Sec- ignee or designees shall not be required to under the same conditions as other depart- retary shall employ, on an on-going basis, in- appear before the Board or any element of ments and agencies of the United States. tegrated performance modeling to identify the Board for more than twelve working ‘‘(e) EXPERTS AND CONSULTANTS.—Subject appropriate parameters for the remaining days per calendar year. to such rules as may be prescribed by the site characterization effort and to eliminate ‘‘(b) PRODUCTION OF DOCUMENTS.— Board, the Chairman may procure temporary studies of parameters that are shown not to ‘‘(1) RESPONSE TO INQUIRIES.—Upon the re- and intermittent services under section affect long-term repository performance. quest of the Chairman or a majority of the 3109(b) of title 5 of the United States Code, members of the Board, and subject to exist- but at rates for individuals not to exceed the ‘‘SEC. 702. REPORTING. ing law, the Secretary (or any contractor of daily equivalent of the maximum annual ‘‘(a) INITIAL REPORT.—Within 180 days of the Secretary) shall provide the Board with rate of basic pay payable for GS–18 of the enactment of this section, the Secretary such records, files, papers, data, or informa- General Schedule. shall report to Congress on its planned actions for implementing the provisions of this tion that is generally available to the public ‘‘SEC. 608. REPORT. as may be necessary to respond to any in- Act, including the development of the Inte- ‘‘The Board shall report not less than 2 grated Waste Management System. Such re- quiry of the board under this title. times per year to Congress and the Secretary ‘‘(2) EXTENT.—Subject to existing law, in- port shall include— its findings, conclusions, and recommenda- ‘‘(1) an analysis of the Secretary’s progress formation obtainable under paragraph (1) tions. may include drafts of products and docu- in meeting its statutory and contractual ob- ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. mentation of work in progress. ligation to accept title to, possession of, and ‘‘There are authorized to be appropriated delivery of spent nuclear fuel and high-level ‘‘SEC. 605. COMPENSATION OF MEMBERS. for expenditures such sums as may be nec- radioactive waste beginning no later than ‘‘(a) IN GENERAL.—Each member of the essary to carry out the provisions of this November 30, 1999, and in accordance with Board shall be paid at the rate of pay pay- title. the acceptance schedule; able for level III of the Executive Schedule ‘‘SEC. 610. TERMINATION OF THE BOARD. ‘‘(2) a detailed schedule and timeline show- for each day (including travel time) such ‘‘The Board shall cease to exist not later ing each action that the Secretary intends to member is engaged in the work of the Board. than one year after the date on which the take to meet the Secretary’s obligations ‘‘(b) TRAVEL EXPENSES.—Each member of Secretary begins disposal of spent nuclear under this Act and the contracts; the Board may receive travel expenses, in- ‘‘(3) a detailed description of the Sec- cluding per diem in lieu of subsidence, in the fuel or high-level radioactive waste in the repository. retary’s contingency plans in the event that same manner as is permitted under sections the Secretary is unable to meet the planned ‘‘TITLE VII—MANAGEMENT REFORM 5702 and 5703 of title 5, United States Code. schedule and timeline; and ‘‘SEC. 606. STAFF. ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES. ‘‘(4) an analysis by the Secretary of its ‘‘(a) CLERICAL STAFF.— ‘‘(a) IN GENERAL.—The Secretary is di- funding needs for fiscal years 1997 through ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to rected to take actions as necessary to im- 2001. paragraph (2), the Chairman may appoint prove the management of the civilian radio- ‘‘(b) ANNUAL REPORTS.—On each anniver- and fix the compensation of such clerical active waste management program to ensure sary of the submittal of the report required September 12, 1996 CONGRESSIONAL RECORD — SENATE S10489 by subsection (a), the Secretary shall make ‘‘(B) The Small Capitalization Stock Index (2) in paragraph (6)— annual reports to the Congress for the pur- Investment Fund shall be invested in a port- (A) by striking out ‘‘$3,500 or less’’ and in- pose of updating the information contained folio designed to replicate the performance serting in lieu thereof ‘‘less than an amount in such report. The annual reports shall be of the index in subparagraph (A). The port- that the Executive Director prescribes by brief and shall notify the Congress of: folio shall be designed such that, to the ex- regulation’’; and ‘‘(1) any modifications to the Secretary’s tent practicable, the percentage of the Small (B) by striking out ‘‘unless the employee schedule and timeline for meeting its obliga- Capitalization Stock Index Investment Fund or Member elects, at such time and other- tions under this Act; that is invested in each stock is the same as wise in such manner as the Executive Direc- ‘‘(2) the reasons for such modifications, the percentage determined by dividing the tor prescribes, one of the options available and the status of the implementation of any aggregate market value of all shares of that under subsection (b)’’. of the Secretary’s contingency plans; and stock by the aggregate market value of all SEC. 823. IN-SERVICE WITHDRAWALS; WITH- ‘‘(3) the Secretary’s analysis of its funding shares of all stocks included in such index. DRAWAL ELECTIONS, FEDERAL EM- needs for the ensuing 5 fiscal years.’’ ‘‘(4)(A) The Board shall select an index PLOYEES RETIREMENT SYSTEM PAR- ‘‘SEC. 703. EFFECTIVE DATE. which is a commonly recognized index com- TICIPANTS. This Act shall become effective one day prised of stock the aggregate market value (a) IN GENERAL.—Section 8433 of title 5, after enactment.’’. of which is a reasonably complete represen- United States Code, is amended— tation of the international equity markets (1) by striking out subsections (b) and (c) and inserting in lieu thereof the following: STEVENS AMENDMENT NO. 5284 excluding the United States equity markets. ‘‘(B) The International Stock Index Invest- ‘‘(b) Subject to section 8435 of this title, (Ordered to lie on the table.) ment Fund shall be invested in a portfolio any employee or Member who separates from Mr. STEVENS submitted an amend- designed to replicate the performance of the Government employment is entitled and ment intended to be proposed by him index in subparagraph (A). The portfolio may elect to withdraw from the Thrift Sav- ings Fund the balance of the employee’s or to the bill, H.R. 3756, supra; as follows: shall be designed such that, to the extent practicable, the percentage of the Inter- Member’s account as— At the end of the bill, add the following ‘‘(1) an annuity; new title: national Stock Index Investment Fund that is invested in each stock is the same as the ‘‘(2) a single payment; TITLE VIII—FEDERAL EMPLOYEES percentage determined by dividing the ag- ‘‘(3) 2 or more substantially equal pay- THRIFT SAVINGS PLAN gregate market value of all shares of that ments to be made not less frequently than Subtitle A—Additional Investment Funds for stock by the aggregate market value of all annually; or the Thrift Savings Plan shares of all stocks included in such index.’’. ‘‘(4) any combination of payments as provided under paragraphs (1) through (3) as the SEC. 801. SHORT TITLE. SEC. 803. ACKNOWLEDGEMENT OF INVESTMENT Executive Director may prescribe by regula- This subtitle may be cited as the ‘‘Thrift RISK. Section 8439(d) of title 5, United States tion. Savings Investment Funds Act of 1996’’. ‘‘(c)(1) In addition to the right provided Code, is amended by striking out ‘‘Each em- SEC. 802. ADDITIONAL INVESTMENT FUNDS FOR under subsection (b) to withdraw the balance ployee, Member, former employee, or former THE THRIFT SAVINGS PLAN. of the account, an employee or Member who Member who elects to invest in the Common Section 8438 of title 5, United States Code, separates from Government service and who Stock Index Investment Fund or the Fixed is amended— has not made a withdrawal under subsection Income Investment Fund described in para- (1) in subsection (a)— (h)(1)(A) may make one withdrawal of any graphs (1) and (3),’’ and inserting in lieu (A) by redesignating paragraphs (5) amount as a single payment in accordance thereof ‘‘Each employee, Member, former through (8) as paragraphs (6) through (9), re- with subsection (b)(2) from the employee’s or employee, or former Member who elects to spectively; Member’s account. invest in the Common Stock Index Invest- (B) by inserting after paragraph (4) the fol- ‘‘(2) An employee or Member may request ment Fund, the Fixed Income Investment lowing new paragraph: that the amount withdrawn from the Thrift Fund, the International Stock Index Invest- ‘‘(5) the term ‘International Stock Index Savings Fund in accordance with subsection ment Fund, or the Small Capitalization Investment Fund’ means the International (b)(2) be transferred to an eligible retirement Stock Index Investment Fund, defined in Stock Index Investment Fund established plan. under subsection (b)(1)(E);’’; paragraphs (1), (3), (5), and (10),’’. ‘‘(3) The Executive Director shall make (C) in paragraph (8) (as redesignated by SEC. 804. EFFECTIVE DATE. each transfer elected under paragraph (2) di- subparagraph (A) of this paragraph) by strik- This subtitle shall take effect on the date rectly to an eligible retirement plan or plans ing out ‘‘and’’ at the end thereof; of enactment of this Act, and the Funds es- (as defined in section 402(c)(8) of the Internal (D) in paragraph (9) (as redesignated by tablished under this subtitle shall be offered Revenue Code of 1986) identified by the em- subparagraph (A) of this paragraph)— for investment at the earliest practicable ployee, Member, former employee, or former (i) by striking out ‘‘paragraph (7)(D)’’ in election period (described in section 8432(b) Member for whom the transfer is made. each place it appears and inserting in each of title 5, United States Code) as determined ‘‘(4) A transfer may not be made for an em- such place ‘‘paragraph (8)(D)’’; and by the Executive Director in regulations. ployee, Member, former employee, or former (ii) by striking out the period and inserting Subtitle B—Thrift Savings Accounts Member under paragraph (2) until the Execu- in lieu thereof a semicolon and ‘‘and’’; and Liquidity tive Director receives from that individual (E) by adding at the end thereof the follow- SEC. 821. SHORT TITLE. the information required by the Executive ing new paragraph: This subtitle may be cited as the ‘‘Thrift Director specifically to identify the eligible ‘‘(10) the term ‘Small Capitalization Stock Savings Plan Act of 1996’’. retirement plan or plans to which the trans- Index Investment Fund’ means the Small SEC. 822. NOTICE TO SPOUSES FOR IN-SERVICE fer is to be made.’’; Capitalization Stock Index Investment Fund WITHDRAWALS; DE MINIMUS AC- (2) in subsection (d)— established under subsection (b)(1)(D).’’; and COUNTS; CIVIL SERVICE RETIRE- (A) in paragraph (1) by striking out ‘‘Sub- (2) in subsection (b)— MENT SYSTEM PARTICIPANTS. ject to paragraph (3)(A)’’ and inserting in (A) in paragraph (1)— Section 8351(b) of title 5, United States lieu thereof ‘‘Subject to paragraph (3)’’; (i) in subparagraph (B) by striking out Code, is amended— (B) by striking out paragraph (2) and redes- ‘‘and’’ at the end thereof; (1) in paragraph (5)— ignating paragraph (3) as paragraph (2); and (ii) in subparagraph (C) by striking out the (A) in subparagraph (B)— (C) in paragraph (2) (as redesignated under period and inserting in lieu thereof a semi- (i) by striking out ‘‘An election, change of subparagraph (B) of this paragraph)— colon; and election, or modification (relating to the (i) in subparagraph (A) by striking out (iii) by adding at the end thereof the fol- commencement date of a deferred annuity)’’ ‘‘(A)’’; and lowing new subparagraphs: and inserting in lieu thereof ‘‘An election or (ii) by striking out subparagraph (B); ‘‘(D) a Small Capitalization Stock Index change of election’’; (3) in subsection (f)(1)— Investment Fund as provided in paragraph (ii) by inserting ‘‘or withdrawal’’ after (A) by striking out ‘‘$3,500 or less’’ and in- (3); and ‘‘and a loan’’; serting in lieu thereof ‘‘less than an amount ‘‘(E) an International Stock Index Invest- (iii) by inserting ‘‘and (h)’’ after ‘‘8433(g)’’; that the Executive Director prescribes by ment Fund as provided in paragraph (4).’’; (iv) by striking out ‘‘the election, change regulation; and and of election, or modification’’ and inserting in (B) by striking out ‘‘unless the employee (B) by adding at the end thereof the follow- lieu thereof ‘‘the election or change of elec- or Member elects, at such time and other- ing new paragraphs: tion’’; and wise in such manner as the Executive Direc- ‘‘(3)(A) The Board shall select an index (v) by inserting ‘‘or withdrawal’’ after ‘‘for tor prescribes, one of the options available which is a commonly recognized index com- such loan’’; and under subsection (b), or’’ and inserting a prised of common stock the aggregate mar- (B) in subparagraph (D)— comma; ket value of which represents the United (i) by inserting ‘‘or withdrawals’’ after ‘‘of (4) in subsection (f)(2)— States equity markets excluding the com- loans’’; and (A) by striking out ‘‘February 1’’ and in- mon stocks included in the Common Stock (ii) by inserting ‘‘or (h)’’ after ‘‘8433(g)’’; serting in lieu thereof ‘‘April 1’’; Index Investment Fund. and (B) in subparagraph (A)— S10490 CONGRESSIONAL RECORD — SENATE September 12, 1996 (i) by striking out ‘‘65’’ and inserting in (ii) in subparagraph (B) by inserting ‘‘or amendments made by this subtitle shall be lieu thereof ‘‘701⁄2’’; and withdrawal’’ after ‘‘loan’’; and made at the earliest practicable date as de- (ii) by inserting ‘‘or’’ after the semicolon; (iii) in subparagraph (C)— termined by the Executive Director in regu- (C) by striking out subparagraph (B); and (I) by inserting ‘‘or withdrawal’’ after ‘‘to lations. (D) by redesignating subparagraph (C) as a loan’’; and subparagraph (B); (II) by inserting ‘‘or withdrawal’’ after ‘‘for KERRY AMENDMENT NO. 5285 (5) in subsection (g)(1) by striking out such loan’’; and ‘‘after December 31, 1987, and’’; and (B) in paragraph (2)— (Ordered to lie on the table.) (6) by adding after subsection (g) the fol- (i) by inserting ‘‘or withdrawal’’ after Mr. KERRY submitted an amend- lowing new subsection: ‘‘loan’’; and ment intended to be proposed by him ‘‘(h)(1) An employee or Member may apply, (ii) by inserting ‘‘and (h)’’ after ‘‘8344(g)’’; to the bill, H.R. 3756, supra; as follows: before separation, to the Board for permis- and sion to withdraw an amount from the em- At the appropriate place, add the following (4) in subsection (g)— new section: ployee’s or Member’s account based upon the (A) by inserting ‘‘or withdrawals’’ after SEC. . WORKPLACE RELIGIOUS FREEDOM.— employee or Member having attained age ‘‘loans’’; and (a) SHORT TITLE.—This section may be cited 591⁄2. (B) by inserting ‘‘and (h)’’ after ‘‘8344(g)’’. ‘‘(2) A withdrawal under paragraph (1)(A) as the ‘‘Workplace Religious Freedom Act of SEC. 825. DE MINIMUS ACCOUNTS RELATING TO 1996’’. shall be available to each eligible participant THE JUDICIARY. one time only. (b) AMENDMENTS.— (a) JUSTICES AND JUDGES.—Section ‘‘(3) A withdrawal under paragraph (1)(B) (1) DEFINITIONS.—Section 701(j) of the Civil shall be available only for an amount not ex- 8440a(b)(7) of title 5, United States Code, is Rights Act of 1964 (42 U.S.C. 2000e(j)) is ceeding the value of that portion of such ac- amended— amended— count which is attributable to contributions (1) by striking out ‘‘$3,500 or less’’ and in- (A) by inserting ‘‘(1)’’ after ‘‘(j)’’; made by the employee or Member under sec- serting in lieu thereof ‘‘less than an amount (B) by inserting ‘‘, after initiating and en- tion 8432(a) of this title. that the Executive Director prescribes by gaging in an affirmative and bona fide ef- ‘‘(4) Withdrawals under paragraph (1) shall regulation’’; and fort,’’ after ‘‘unable’’; and be subject to such other conditions as the (2) by striking out ‘‘unless the justice or (C) by adding at the end the following: Executive Director may prescribe by regula- judge elects, at such time and otherwise in ‘‘(2) As used in this subsection, the term tion. such manner as the Executive Director pre- ‘undue hardship’ means an accommodation ‘‘(5) A withdrawal may not be made under scribes, one of the options available under requiring significant difficulty or expense. this subsection unless the requirements of section 8433(b)’’. For purposes of determining whether an ac- section 8435(e) of this title are satisfied.’’. (b) BANKRUPTCY JUDGES AND MAG- commodation requires significant difficulty (b) INVALIDITY OF CERTAIN PRIOR ELEC- ISTRATES.—Section 8440b(b) of title 5, United or expenses, the factors to be considered TIONS.—Any election made under section States Code, is amended— shall include— 8433(b)(2) of title 5, United States Code (as in (1) in paragraph (7) in the first sentence by ‘‘(A) the identifiable cost of the accommo- effect before the effective date of this sub- inserting ‘‘of the distribution’’ after ‘‘equal dation in relation to the size and operating title), with respect to an annuity which has to the amount’’; and cost of the employer; and not commenced before the implementation (2) in paragraph (8)— ‘‘(B) the number of individuals who will date of this subtitle as provided by regula- (A) by striking out ‘‘$3,500 or less’’ and in- need a particular accommodation to a reli- tion by the Executive Director in accordance serting in lieu thereof ‘‘less than an amount gious observance or practice.’’. with section 827 of this subtitle, shall be in- that the Executive Director prescribes by valid. (2) EMPLOYMENT PRACTICES.—Section 703 of regulation’’; and such Act (42 U.S.C. 2000e–2) is amended by SEC. 824. SURVIVOR ANNUITIES FOR FORMER (B) by striking out ‘‘unless the bankruptcy SPOUSES; NOTICE TO FEDERAL EM- adding at the end the following: judge or magistrate elects, at such time and ‘‘(o)(1) For purposes of determining wheth- PLOYEES RETIREMENT SYSTEM otherwise in such manner as the Executive SPOUSES FOR IN-SERVICE WITH- er an employer has committed an unlawful DRAWALS. Director prescribes, one of the options avail- employment practice under this title by fail- Section 8435 of title 5, United States Code, able under subsection (b)’’. ing to provide a reasonable accommodation is amended— (c) FEDERAL CLAIMS JUDGES.—Section to the religious observance or practice of an (1) in subsection (a)(1)(A)— 8440c(b) of title 5, United States Code, is employee or prospective employee, an ac- (A) by striking out ‘‘may make an election amended— commodation by the employer shall not be under subsection (b)(3) or (b)(4) of section (1) in paragraph (7) in the first sentence by deemed to be reasonable if— 8433 of this title or change an election pre- inserting ‘‘of the distribution’’ after ‘‘equal ‘‘(A) such accommodation does not remove viously made under subsection (b)(1) or (b)(2) to the amount’’; and the conflict between employment require- of such section’’ and inserting in lien thereof (2) in paragraph (8)— ments and the religious observance or prac- ‘‘may withdraw all or part of a Thrift Sav- (A) by striking out ‘‘$3,500 or less’’ and in- tice of the employee or prospective em- ings Fund account under subsection (b) (2), serting in lieu thereof ‘‘less than an amount ployee; or (3), or (4) of section 8433 of this title or that the Executive Director prescribes by ‘‘(B)(i) the employee or prospective em- change a withdrawal election’’; and regulation’’; and ployee demonstrates to the employer the (B) by adding at the end thereof ‘‘A mar- (B) by striking out ‘‘unless the judge availability of an alternative accommoda- ried employee or Member (or former em- elects, at such time and otherwise in such tion less onerous to the employee or prospec- ployee or Member) may make a withdrawal manner as the Executive Director prescribes, tive employee that may be made by the em- from a Thrift Savings Fund account under one of the options available under section ployer without undue hardship on the con- subsection (c)(1) of section 8433 of this title 8433(b)’’. duct of the employer’s business; and only if the employee or Member (or former SEC. 826. DEFINITION OF BASIC PAY. ‘‘(ii) the employer refuses to make such ac- employee or Member) satisfies the require- (a) IN GENERAL.—(1) Section 8401(4) of title commodation. ments of subparagraph (B).’’; 5, United States Code, is amended by strik- ‘‘(2) It shall not be a defense to a claim of (2) in subsection (c)— ing out ‘‘except as provided in subchapter III unlawful employment practices for failure to (A) in paragraph (1)— of this chapter,’’. provide a reasonable accommodation that (i) by striking out ‘‘An election, change of (2) Section 8431 of title 5, United States such accommodation would be in violation of election, or modification of the commence- Code, is repealed. a bona fide seniority system if, in order for ment date of a deferred annuity’’ and insert- (b) TECHNICAL AND CONFORMING AMEND- the employer to reasonably accommodate to ing in lieu thereof ‘‘An election or change of MENTS.—(1) The table of sections for chapter such observance or practice— election’’; and 84 of title 5, United States Code, is amended ‘‘(A) an adjustment would be made in the (ii) by striking out ‘‘modification, or trans- by striking out the item relating to section employee’s work hours (including an adjust- fer’’ and inserting in lien thereof ‘‘or trans- 8431. ment that requires the employee to work fer’’; and (2) Section 5545a(h)(2)(A) of title 5, United overtime in order to avoid working at a time (B) in paragraph (2) in the matter following States Code, is amended by striking out that abstention from work is necessary to subparagraph (B)(ii) by striking out ‘‘modi- ‘‘8431,’’. satisfy religious requirements), shift, or job fication,’’; (3) Section 615(f) of the Treasury, Postal assignment, that would not be available to (3) in subsection (e)— Service, and General Government Appropria- any employee but for such accommodation; (A) in paragraph (1)— tions Act, 1996 (Public Law 104–52; 109 Stat. or (i) in subparagraph (A)— 500; 5 U.S.C. 5343 note) is amended by strik- ‘‘(B) the employee and any other employee (I) by inserting ‘‘or withdrawal’’ after ‘‘A ing out ‘‘section 8431 of title 5, United States would voluntarily exchange shifts or job as- loan’’; Code,’’. signments, or voluntarily make some other (II) by inserting ‘‘and (h)’’ after ‘‘8433(g)’’; SEC. 827. EFFECTIVE DATE. arrangement between the employees. and This subtitle shall take effect on the date ‘‘(3)(A) An employer shall not be required (III) by inserting ‘‘or withdrawal’’ after of the enactment of this Act and withdraw- to pay premium wages for work performed ‘‘such loan’’; als and elections as provided under the during hours to which such premium wages September 12, 1996 CONGRESSIONAL RECORD — SENATE S10491 would ordinarily be applicable, if work is (3) enable eligible applicants to adapt pro- part of such plan for the coordination or in- performed during such hours only to accom- grams of Federal financial assistance to the tegration and the administration by an eligi- modate religious requirements of an em- particular needs of their communities by in- ble applicant of financial assistance provided ployee. tegrating programs and program funds by the Federal Government under 2 or more ‘‘(B) As used in this paragraph, the term across existing Federal financial assistance eligible Federal financial assistance pro- ‘premium wages’ includes premium overtime programs that have similar goals and pur- grams that includes funds from Federal, pay, pay for night, weekend, or holiday poses; State, local, or tribal government or private work, and pay for standby or irregular (4) more effectively meet the goals and sources to address the service needs of a duty.’’ purposes of Federal, State and local finan- community. (c) EFFECTIVE DATE; APPLICATION OF cial assistance programs; (11) GOALS AND PURPOSES.—The term AMENDMENTS.— (5) empower eligible applicants to work to- ‘‘goals and purposes’’ means the ‘‘goals and (1) EFFECTIVE DATE.—Except as provided in gether to build stronger cooperative, inter- purposes’’ embodied in an eligible Federal fi- subsection (b), this section and the amend- governmental and private partnerships to nancial assistance program, including the ments made by subsection (b) shall take ef- address critical service problems; targeted population embodied in that pro- fect on the date of enactment of this Act. (6) place less emphasis in Federal financial gram. (2) APPLICATION OF AMENDMENTS.—The assistance programs on complying with pro- (12) LOCAL GOVERNMENT.—The term ‘‘local amendments made by subsection (b) shall cedures and more emphasis on achieving government’’ means— not apply with respect to conduct occurring Federal, State, local and tribal policy goals. (A) a political subdivision of a State that before the date of enactment of this Act. (7) facilitate State, local, and tribal gov- is a unit of general local government (as de- ernment efforts to develop regional or met- fined under section 6501 of title 31, United HATFIELD AMENDMENT NO. 5286 ropolitan solutions to shared problems; States Code); (8) improve intergovernmental efficiency; (B) any combination of political subdivi- (Ordered to lie on the table.) SEC. 04. DEFINITIONS. sions described in subparagraph (A) that sub- Mr. HATFIELD submitted an amend- For purposes of this Act: mits an application to the Board; or (C) a local educational agency as defined ment intended to be proposed by him (1) AFFECTED FEDERAL AGENCY.—The term to the bill, H.R. 3756, supra; as follows: ‘‘affected Federal agency’’ means the Fed- under section 14101(18) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. At the appropriate place in the bill, insert eral agency with principal authority for the 8801(18)). the following new title: administration of an eligible Federal finan- (13) QUALIFIED CONSORTIUM.—The term cial assistance program included in a plan. TITLE —LOCAL EMPOWERMENT AND ‘‘qualified consortium’’ means a group that (2) AFFECTED STATE AGENCY.—The term FLEXIBILITY PILOT ACT OF 1996 is composed of 2 or more qualified organiza- ‘‘affected State agency’’ means— tions, State, local, or tribal agencies that re- SECTION 01. SHORT TITLE. (A) any State agency with authority for ceive federally appropriated funds. This Act may be cited as the ‘‘Local the administration of any State program or (14) QUALIFIED ORGANIZATION.—The term Empowerment and Flexibility Pilot Act of eligible Federal financial assistance pro- ‘‘qualified organization’’ means a private, 1996.’’ gram; and nonprofit organization described in section SEC. 02. FINDINGS. (B) with respect to education programs, 501(c)(3) of the Internal Revenue Code of 1986 The Congress finds that— the term shall include the State Education (26 U.S.C. 501(c)(3)) that is exempt from tax- (1) historically, Federal programs have ad- Agency as defined by the Elementary and ation under section 501(a) of the Internal dressed the Nation’s problems by providing Secondary Education Act and the Higher Revenue Code of 1986 (26 U.S.C. 501(a)). categorical financial assistance with de- Education Act. (15) SMALL GOVERNMENT.—The term ‘‘small tailed requirements relating to the use of (3) APPROVED FLEXIBILITY PLAN.—The term government’’ means any small governmental funds; ‘‘approved flexibility plan’’ means a flexibil- jurisdiction defined in section 601(5) of title (2) while the assistance described in para- ity plan or that part of a flexibility plan, 5, United States Code, and a tribal govern- graph (1) has been directed at critical prob- that is approved by the Community ment. lems, some program requirements may inad- Empowerment Board under section 8. (16) STATE.—The term ‘‘State’’ means each vertently impede the effective delivery of (4) BOARD.—The term ‘‘Board’’ means the of the 50 States, the District of Columbia, services; Community Empowerment Board established Puerto Rico, American Samoa, Guam, and (3) the Nation’s State, local, and tribal under section 5. the Virgin Islands. governments and private, nonprofit organi- (5) DIRECTOR.—The term ‘‘Director’’ means (17) STATE LEGISLATIVE OFFICIAL.—The zations are dealing with increasingly com- the Director of the Office of Management term ‘‘State legislative official’’ means— plex problems which require the delivery of and Budget. (A) the presiding officer of a chamber of a many kinds of services; (6) ELIGIBLE APPLICANT.—The term ‘‘eligi- State legislature; and (4) our nation’s communities are diverse ble applicant’’ means a State, local, or tribal (B) the minority leader of a chamber of a and many have innovative planning and government, qualified organization, or quali- State legislature. community involvement strategies to com- fied consortium that is eligible to receive fi- (18) TRIBAL GOVERNMENT.—The term ‘‘trib- prehensively meet their particular service nancial assistance under 1 or more eligible al government’’ means the governing entity needs for providing services, but Federal, Federal financial assistance program. of an Indian tribe, as that term is defined in State, and local grant and other require- (7) ELIGIBLE FEDERAL FINANCIAL ASSISTANCE the Indian Self Determination and Education ments often hamper effective implementa- PROGRAM.—The term ‘‘eligible Federal finan- Assistance Act (25 U.S.C. 450b). tion of such strategies. cial assistance program’’— (5) it is more important than ever to pro- SEC. 05. ESTABLISHMENT OF COMMUNITY (A) except as provided in subparagraph (B), EMPOWERMENT BOARD. vide programs that— means a domestic assistance program (as de- (A) promote more effective and efficient (a) IN GENERAL.—There is established a fined under section 6101(4) of title 31, United Community Empowerment Board, which delivery of services at all levels of govern- States Code) under which financial assist- ment to meet the full range of needs of indi- shall consist of— ance is available, directly or indirectly, to a (1) the Secretary of Housing and Urban De- viduals, families, and society; State, local, or tribal government or a quali- (B) respond flexibly to the diverse needs of velopment; fied organization to carry out activities con- (2) the Secretary of Health and Human the Nation’s communities; sistent with national policy goals; and Services; (C) reduce the barriers between programs (B) does not include— (3) the Secretary of Agriculture; that impede the State, local, and tribal gov- (i) a Federal program under which direct (4) the Secretary of Transportation; ernment’s ability to effectively delivery financial assistance is provided by the Fed- (5) the Secretary of Education; services; and eral Government directly to an individual (6) the Secretary of Commerce; (D) empower State, local, and tribal gov- beneficiary of that financial assistance, or to (7) the Secretary of Labor; ernments and private, nonprofit organiza- a State to provide direct financial assist- (8) the Secretary of the Treasury; tions to be innovative in creating programs ance, or to a State to provide direct financial (9) the Attorney General; that meet the unique needs of their commu- or food voucher assistance directly to an in- (10) the Secretary of the Interior; nities while continuing to address national dividual beneficiary; (11) the Secretary of Energy; policy goals; and (ii) a program carried out with direct (12) the Secretary of Veterans Affairs; SEC. 03. PURPOSES. spending (as defined in section 250(c)(8) of (13) the Secretary of Defense; The purposes of this Act are to— the Balanced Budget and Emergency Deficit (14) the Director of the Federal Emergency (1) improve the delivery of services to the Control Act of 1985 (2 U.S.C. 900(c)(8)); or Management Agency; public; (iii) a program of assistance referred to in (15) the Administrator of the Environ- (2) promote State, local, and tribal govern- section 6101(4)(A)(ix) of title 31, United mental Protection Agency; ments and private, non-profit organizations States Code or Section 3(10) of the Congres- (16) the Director of the National Drug Con- and consortiums to identify goals to improve sional Budget Act of 1974. trol Policy; their communities and the lives of their citi- (10) FLEXIBILITY PLAN.—The term ‘‘flexibil- (17) the Administrator of the Small Busi- zens; ity plan’’ means a comprehensive plan or ness Administration; S10492 CONGRESSIONAL RECORD — SENATE September 12, 1996

(18) the Director of the Office of Manage- (g) JUDICIAL REVIEW.—The actions of the (ii) a list of goals identified by the State in ment and Budget; Board shall not be subject to judicial review. which the plan is to be implemented, if such (19) the Administrator of General Services; SEC. —06. APPLICATION FOR APPROVAL OF goals have been established by the State; and and FLEXIBILITY PLAN. (iii) a description of how the plan will— (20) other officials of the Executive Branch (a) IN GENERAL.—An eligible applicant may (I) attain the goals listed in clauses (i) and as directed by the President. submit to the Board in accordance with this (ii); (b) CHAIR.—The President shall designate section an application for approval of a flexi- (II) measure performance; and the Chair of the Board from among its mem- bility plan. (III) collect and maintain data; bers. (b) CONTENTS OF APPLICATION.—An applica- (4) the eligible Federal financial assistance (c) FUNCTIONS.— tion submitted under this section shall in- programs included in the plan and the spe- (1) IN GENERAL.—The Board shall— clude— cific services and benefits to be provided (A) no later than 180 days after implemen- (1) a proposed flexibility plan that com- under the plan under such programs, includ- tation of this Act, select 6 states to partici- plies with subsection (c); ing— pate in this Act; (2) written certification by the chief execu- (A) criteria for determining eligibility for (B) receive, review, and approve or dis- tive of the applicant, and such additional as- services and benefits under the plan; approve flexibility plans in according with surances as may be required by the Board, (B) the services and benefits available section 7; that— under the plan; (C) consider all requests for technical as- (A) the applicant has the ability, author- (C) the amounts and form (such as cash, in- sistance from eligible applicants and, when ity, and resources to implement the proposed kind contributions, or financial instruments) appropriate, provide or direct that an af- plan, throughout the geographic area in of non-service benefits; and fected Federal argency provide the head of which the proposed plan is intended to apply; (D) any other descriptive information the an agency that administers an eligible Fed- and Board considers necessary to approve the eral financial assistance program under (B) amounts are available from non-Fed- plan; (5) a description of the goals and purposes which substantial Federal financial assist- eral sources to pay the non-Federal share of of each Federal financial assistance program ance would be provided under the plan to all eligible Federal financial assistance pro- included in the plan and how the goals and provide technical assistance to the eligible grams included in the proposed plan; purposes of such programs shall more effec- applicant, and to the extent permitted by (C) the flexibility plan prohibits the inte- tively be met at the State, local, and tribal law, special assistance to interested small gration or combination of program funds level; governments to support the development and across existing Federal financial assistance (6) a general description of how the plan implementation of a flexibility plan, which programs which do not have similar goals appropriately addresses any effect that ad- may include expedited processing; and purposes. ministration of each eligible Federal finan- (D) in consultation with the Director, mon- (3) all comments on the proposed plan sub- cial assistance program included in the plan itor the progress of development and imple- mitted under subsection (d) by a Governor, would have on the administration of pro- mentation of flexibility plans; affected State agency, State legislative offi- grams not included in the plan; (E) in consultation with the Director, co- cial, or a chief executive of a local or tribal (7) a description of how the flexibility plan ordinate and assist Federal agencies in iden- government that would be directly affected will adequately achieve the purposes of this tifying regulations of eligible Federal finan- by implementation of the proposed plan, and Act; cial assistance programs for revision, repeal the applicant’s responses to those comments; (4) written documentation that the eligible (8) except for the requirements described and coordination; applicant informed the affected community under section 7(f)(3), any Federal statutory (F) evaluate performance standards and of the contents of the plan and gave the pub- or regulatory requirement of an eligible Fed- evaluation criteria for eligible Federal finan- lic and the affected population the oppor- eral financial assistance program included in cial assistance programs, and make specific tunity to comment upon the plan, including the plan, the waiver of which is necessary to recommendations to agencies regarding how at least one public hearing involving agen- implement the plan, and the detailed jus- to revise such standards and criteria in order cies, qualified organizations, eligible in- tification for the waiver request; to establish specific performance and out- tended beneficiaries of the plan, and others (9) any State, local, or tribal statutory, come measures upon which the success of directly affected by the plan; regulatory, or other requirement, the waiver such programs and the success of the plan (5) the public comments, which shall in- of which is necessary to implement the plan, may be compared and evaluated; and clude the comments of the affected popu- and an indication of commitment of the ap- (G) designate a Federal agency to be pri- lation, received on the plan and the appli- propriate State, local, or tribal governments marily responsible for the oversight, mon- cant’s responses to the significant com- to grant such waivers; itoring, and evaluation of the implementa- ments; (9) a description of the Federal fiscal con- tion of a plan. (6) other relevant information the Board trol and related accountability procedures to (2) QUALIFICATIONS FOR STATES.—Of the 6 may require to review or approve the pro- be followed under the flexibility plan and, as States selected for participation under para- posed plan. necessary, an explanation of how such proce- graph 1— (c) CONTENTS OF PLAN.—A flexibility plan dures will not diminish existing Federal re- (A) 3 States shall each have a population of submitted by an eligible applicant under this quirements; 3,500,000 or more as determined under the section shall include— (10) a description of the sources and most recent decennial census; and (1) the geographic area and timeframe to amounts of all non-Federal funds that are re- (B) 3 States shall each have a population of which the plan applies and the rationale for quired to carry out eligible Federal financial 3,500,000 or less as determined under the selecting the area and timeframe; assistance programs included in the plan; most recent decennial census. (2) the particular groups of individuals, by (11) verification that Federal funds made (d) COORDINATION AND ASSISTANCE.—The service needs, economic circumstances, or available under the plan will not supplant Director, in consultation with the Board, other defining factors, who currently receive non-Federal funds for existing services and shall coordinate and assist Federal agencies services and benefits under the eligible Fed- activities that promote the goals of the plan; in creating— eral financial assistance programs included (12) verification that none of the Federal (1) a uniform application to be used to in the plan and the particular groups of indi- funds under the plan would be used to— apply for assistance from eligible Federal fi- viduals, by service needs, economic cir- (A) meet maintenance of effort require- nancial assistance programs; cumstances, or other defining factors who ments of such an activity; or (2) a release form to be used by grantees to would receive services and benefits under the (B) meet State, local, or tribal matching facilitate, where appropriate and otherwise plan; shares; and lawful, the sharing for information across el- (3) the specific goals and measurable per- (13) any other relevant information the igible Federal financial assistance programs; formance criteria that demonstrate how the Board may require to approve the plan; and plan is expected to improve the delivery and (d) PROCEDURE FOR APPLYING.— (3) a system wherein an organization or effectiveness of services to the affected popu- (1) SUBMISSION TO AFFECTED STATE AND consortium of organizations may use one lation, including— LOCAL GOVERNMENTS.—An eligible applicant proposal to apply for funding from multiple (A) a description of how performance shall shall submit an application for approval of a eligible Federal financial assistance pro- be measured under the plan when compared proposed flexibility plan to each State gov- grams. to the current performance of the eligible ernment and each local government that the (e) DETAILS AND ASSIGNMENTS TO BOARD.— Federal financial assistance programs in- applicant deems to be directly affected by At the request of the Board and with the ap- cluded in the plan; and the plan, at least 60 days before submitting proval of the appropriate Federal agency, (B) a system for the comprehensive evalua- the application to the Board. staff of the agency may be detailed or as- tion of the impact of the plan on individuals (2) REVIEW BY AFFECTED GOVERNMENT.—The signed to the Board on a nonreimbursable who receive services and benefits in the com- Governor, affected State agency head, State basis. munity affected by the plan, that shall in- legislative official, and the chief executive (f) INTERAGENCY FINANCING.—Notwith- clude— officer of a local government that receives standing any other law, interagency financ- (i) a list of goals to improve the commu- an application submitted under paragraph (1) ing is authorized to carry out the purposes of nity and the lives of its citizens in the geo- may each, by no later than 60 days after the this Act. graphic area covered by the plan; date of that receipt— September 12, 1996 CONGRESSIONAL RECORD — SENATE S10493 (A) prepare comments on the proposed (5) in the case of any disapproval of a plan, (2) conflict with law. flexibility plan included in the application; include written justification of the reasons (f) LIMITATION ON THE USE OF FUNDS.—The (B) describe and make commitments to for disapproval in the notice of disapproval Board may not approve any plan that in- waive any State or local laws or other resent to the applicant; cludes funds under an eligible federal finan- quirements which are necessary for success- (6) publicly announce and forward to Con- cial assistance program to— ful implementation of the proposed plan; and gress on July 31, 1998 and July 31, 1999, the (1) support tuition vouchers for children (C) submit the comments and commit- list of approved flexibility plans, including attending private elementary or secondary ments to the eligible applicant. an identification of approved plans that re- schools, including before and after school (3) SUBMITTAL TO BOARD.—Applications for quest statutory or regulatory waivers and programs; or approval of a flexibility plan shall only be the identification of such requested waivers. (2) otherwise pay their cost of attending submitted to the Board between— (b) APPROVAL.— such schools. (A) October 1, 1997 and March 31, 1998; or (1) IN GENERAL.—The Board may approve a (g) WAIVERS OF FEDERAL REQUIREMENTS.— (B) October 1, 1998 and March 31, 1999. flexibility plan for which an application is (1) IN GENERAL.—Notwithstnding any other (4) ACTION BY AFFECTED GOVERNMENT.—If submitted by an eligible applicant under this law and subject to the provisions of this Act, the Governor, affected State agency head, Act, if the Board determines that— including paragraphs (2) and (3), affected State legislative official or the chief execu- (A) the contents of the application for ap- Federal agencies may waive, for a period of tive officer of a local government— proval of the plan comply with the require- time not to exceed 5 years from the date the (A) fails to act on or otherwise endorse a ments of this Act; and Board receives a signed memorandum of un- plan application within 60 days after receiv- (B) the contents of the flexibility plan in- derstanding, any statutory or regulatory re- ing an application under paragraph (1); dicate that the plan will effectively achieve quirement of an eligible Federal assistance (B) does not make and submit to the eligi- the purposes of this Act described in section program included in an approved flexibility ble applicant the commitments described in 3 by adhering to the conditions described in plan of an eligible applicant if that waiver paragraph (2)(A) and (B); or sections 6 and 7; is— (C) disagrees with all or part of the pro- (2) RESTRICTION.—(A) The Board may ap- (A) necessary for implementation of the posed flexibility plan; prove no more than 30 plans; and flexibility plan; (B) only three approved plans may be sub- the eligible applicant may submit the appli- (B) not disapproved by the Board; and mitted by state applicants. (C) necessary to effectively achieve the cation to the Board if the application is (3) REQUIREMENT TO DISAPPROVE PLAN.—The amended as necessary for the successful im- purposes of this Act described in section 3 by Board must disapprove a flexibility plan if adhering to the conditions described in sec- plementation of the proposed plan without the Board determines that— tion 6 and 7. the commitment made under paragraph (A) implementation of the plan would re- (2) EFFECTIVE PERIOD OF WAIVER.—A waiver (2)(B), including by adding an updated de- sult in any increase in the total amount of granted under this section shall terminate scription of the ability of the proposed flexi- obligations or outlays of discretionary ap- on the earlier of— bility plan to meet plan goals and satisfy propriations or direct spending under Fed- (A) the expiration of a period specified by performance criteria in the absence of statu- eral financial assistance programs, over the the affected Federal agency not to exceed tory and regulatory waivers and financial amounts of such obligations and outlays five years from the date the Board receives and technical support from the State or local that would occur under those programs with- the signed memorandum of understanding; government. out implementation of the plan; or or (e) TRIBAL SOVEREIGNTY.—Nothing under (B) the flexibility plan fails to comply with (B) any date on which the flexibility plan this Act shall be construed to affect, or oth- paragraph (1). for which the waiver is granted ceases to be erwise alter, the sovereign relationship be- (4) SPECIFICATION OF PERIOD OF EFFECTIVE- effective. tween tribal governments and the Federal NESS.—In approving any flexibility plan, the (3) RESTRICTION ON WAIVER AUTHORITY.—An Government. Board shall specify the period during which the plan is effective, which in no case shall affected Federal agency may not grant a (f) ELIGIBILITY FOR OTHER ASSISTANCE.— waiver for a statutory or regulatory require- Disapproval by the Board of a flexibility plan be greater than 5 years from the date of approval. ment of an eligible Federal financial assist- submitted by an eligible applicant under this ance program requested under this section Act shall not affect the eligibility of the ap- (d) MEMORANDA OF UNDERSTANDING RE- QUIRED.— that— plicant for assistance under any Federal pro- (A) may be waived under another provision gram. (1) IN GENERAL.—An approved flexibility plan may not take effect until the Board re- of law except in accordance with the require- (g) STATE, LOCAL, OR TRIBAL AUTHORITY.— ments and limitations imposed by that other Nothing in this Act shall be construed to ceives a signed memorandum of understanding agreed to by the eligible applicant that provision of law; grant the Board, Federal agency, or any eli- (B) enforces statutory or constitutional gible applicant to waive or otherwise pre- would receive Federal financial assistance administered under the flexibility plan and rights of individuals including the right to empt— equal access and opportunity in housing and (1) any State, local, or tribal law or regula- by each affected Federal agency. (2) CONTENTS.—A memorandum of under- education, including any requirement under tion including the legal authority under standing under this subsection shall specify the Individuals with Disabilities Education State law of any affected State agency, all understandings that have been reached by Act (20 U.S.C. 1400 et seq); State entity, or public official over programs the affected Federal agencies and the eligible (C) enforces any civil rights that prohibit that are under the jurisdiction of the agency, applicant. The memorandum shall include discrimination on the basis of race, color, re- entity, or official; or ligion, sex, national origin, age, handicap, or (2) the existing authority of a State, local, understandings with respect to— (A) the conditions described in sections 6 disability; or tribal government or qualified organiza- and 7; (D) protects public health and safety, the tion or consortium with respect to an eligi- (B) the effective dates of all State, local or environment, labor standards, worker rights, ble Federal financial assistance program in- tribal government waivers; health and pension benefits and worker cluded in the plan unless such entity has (C) technical or special assistance being health safety; consented to the terms of the plan. provided to the eligible applicant; and (E) provides for a maintenance of effort, SEC. 07. REVIEW AND APPROVAL OF FLEXIBIL- (D) the effective date and timeframe of the matching share or prohibition on supplant- ITY PLANS AND WAIVER REQUESTS. plan and each Federal waiver approved in the ing; or (a) REVIEW OF APPLICATIONS.—Upon receipt plan; (F) grants any person a cause of action. of an application for approval of a proposed (E)(i) the total amount of Federal funds SEC. 08. IMPLEMENTATION, AMENDING AND flexibility plan, the Board shall notify the that will be provided as services and benefits TERMINATION OF APPROVED FLEXI- eligible applicant as to whether or not the under or used to administer eligible Federal BILITY PLANS. plan is complete. If the Board determines a financial assistance programs included in (a) IMPLEMENTATION.— plan is complete, the Board shall— the plan; or (1) The Board, in consultation with the Di- (1) establish procedures for consultation (ii) a mechanism for determining that rector, shall issue guidance to implement with the applicant during the review process; amount, including specification of the total this Act within 180 days after the date of en- (2) publish notice of the application for ap- amount of Federal funds that will be pro- actment of this Act. proval in the Federal Register and make vided or used under each eligible Federal fi- (2) Notwithstanding any other law, any available the contents to any interested nancial assistance program included in the service or benefit that is provided under an party upon written request; plan. eligible Federal financial assistance program (3) if appropriate, coordinate public hear- (e) LIMITATION ON CONFIDENTIALITY RE- included in an approved flexibility plan shall ings on the plan by either the Board or the QUIREMENTS.—The Board may not, as a con- be paid and administered in the manner spec- appropriate Federal agency; dition of approval of a flexibility plan or ified in the approved flexibility plan. (4) approve or disapprove plans submitted with respect to the implementation of an ap- (3) The authority provided under this Act under— proved flexibility plan, establish any con- to waive provisions of grant agreements may (i) section 6(d)(3)(A) no later than July 31, fidentiality requirement that would— be exercised only as long as the funds pro- 1998; or (1) impede the exchange of information vided for the grant program in question are (ii) section 6(d)(3)(B) no later than July 31, needed for the design or provision of services available for obligation by the Federal Gov- 1999; and benefits under the plans; or ernment. S10494 CONGRESSIONAL RECORD — SENATE September 12, 1996

(b) AMENDING OF FLEXIBILITY PLAN.— ments, and shortcomings under the plan dur- which stipulates that if any bid, grant appli- (1) In the event that an eligible applicant— ing the period covered by the report, compar- cation, or other document required to be (A) desires an amendment to an approved ing those achievements and shortcomings to filled within a prescribed period or on or be- flexibility plan in order to better meet the the goals and performance criteria included fore a prescribed date is, after such period or purposes of this Act; or in the plan under section 6(c)(3). such date, delivered by United States mail to (B) requires an amendment to ensure con- (3) FINAL REPORT.—No later than 120 days the agency, officer, or office with which such tinued implementation of an approved flexi- after the end of the effective period of an ap- bid, grant application, or other document is bility plan, the applicant shall— proved flexibility plan, the approved appli- required to be made, the date of the United (i) submit the proposed amendment to the cant shall submit to the Board a final report States postmark stamped on the cover in Board for review and approval; and on implementation of the plan, including a which such bid, grant application, or other (ii) upon approval, enter into a revised full evaluation of the successes and short- document is mailed shall be deemed to be memorandum of understanding with the af- comings of the plan and the effects of that the date of delivery, as the case may be. fected Federal agency. implementation on individuals who receive (2) MAILING REQUIREMENTS.—This sub- (2) Approval by the Board and, when appro- benefits under the eligible Federal financial section applies only if— priate, affected Federal agency, shall be assistance programs under the plan. (A) the postmark date falls within the pre- based upon the same conditions required for (b) BOARD.—No later than two years after scribed period or on or before the prescribed approval of a flexibility plan. the date of the enactment of this Act, and date for the filing (including any extension (v) TERMINATION OF PLAN BY BOARD.— annually thereafter, the Board shall submit granted for such filing) of the bid, grant ap- (A) IN GENERAL.—The Board shall termi- a report to the President and the Congress plication, or other document; and nate an approved flexibility plan, if, after on the Federal statutory and regulatory re- (B) the bid, grant application, or other doc- consultation with the affected Federal agen- quirements of eligible Federal financial as- ument was, within the time prescribed in cies, the Board determines that— sistance programs that are most frequently subparagraph (A), deposited in the mail in (i) the applicant of the approved flexibility waived under section 7(f) with respect to ap- the United States in an envelope or other ap- plan is unable to meet the commitments proved flexibility plans. The President shall propriate wrapper, postage prepaid, properly under this Act; or review the report and identify those statu- addressed to the agency, officer, or office (ii) audit or oversight activities determine tory and regulatory requirements that the with which the bid, grant application, or there has been fraud or abuse involving Fed- President determines should be amended or other document is required to be made. eral funds under the plan. repealed. (b) POSTMARKS.—This section shall apply (B) TRANSITION PERIOD.—In terminating an (c) DIRECTOR.—Two years after this Act in the case of postmarks not made by the approved flexibility plan under this para- goes into effect, and no less than 60 days United States Postal Service only if and to graph, the Board shall allow a reasonable pe- after repeal of this Act, the Director shall re- the extent provided by the regulations pre- riod of time for appropriate Federal agencies port on its progress in achieving the func- scribed by Federal agencies. and eligible applicants to resume adminis- tions outlined in section 5(d). (c) REGISTERED AND CERTIFIED MAILING.— tration of Federal programs that are eligible (c) GENERAL ACCOUNTING OFFICE.— (1) REGISTERED MAIL.—For purposes of this Federal financial assistance programs in- (1) Beginning on the date of enactment of section, if any such bid, grant application, or cluded in the plan. this Act, the General Accounting Office other document is sent by United States reg- (2) REVOCATION OF WAIVER.— shall— istered mail— (A) The Board may recommend that an ef- (A) evaluate the effectiveness of eligible (A) such registration shall be prima facie fected Federal agency, and an affected Fed- Federal financial assistance programs in- evidence that the bid, grant application, or eral agency may, revoke a waiver under sec- cluded in flexibility plans approved pursuant other document was delivered to the agency, tion 7(f) if the applicant of the approved to this Act compared with such programs officer, or office to which addressed; and flexibility plan fails to— not included in a flexibility plan; (B) the date of registration shall be deemed (i) comply with the requirements of the (B) establish and maintain, through the ef- the postmark date. plan; fective date of this statute, a program for (2) CERTIFIED MAIL.—Federal agencies are (ii) make acceptable progress towards the ongoing collection of data and analysis authorized to provide by regulations the ex- achieving the goals and performance criteria of each eligible Federal financial assistance tent to which the provisions of paragraph (1) set forth in the plan; or program included in an approved flexibility of this subsection with respect to prima facie (iii) use funds in accordance with the plan. plan. evidence of delivery and the postmark date (B) Affected Federal agencies shall revoke (2) No later than January 1, 2005, the Gen- shall apply to certified mail. all waiver issued under section 7(f) for a eral Accounting Office shall submit a report (d) EFFECTIVE DATE.—This section shall flexibility plan if the Board terminates the to Congress and the President that describes take effect on the date of the enactment of plan. and evaluates the results of the evaluations this Act and shall remain in effect notwith- (C) EXPLANATION REQUIRED.—In the case of conducted pursuant to paragraphs (1) and standing section 10 of this Act. termination of a plan or revocation of a any recommendations on how to improve waiver, as appropriate, the Board or affected flexibility in the administration of eligible HUTCHISON AMENDMENT NO. 5287 Federal agencies shall provide for the former Federal financial assistance programs. (Ordered to lie on the table.) eligible applicant a written justification of (d) ADVISORY COMMISSION ON INTERGOVERN- the reasons for termination or revocation. MENTAL RELATIONS.—No later than January Mrs. HUTCHISON submitted an SEC. 09 EVALUATIONS AND REPORTS. 1, 2005, the Advisory Commission on Inter- amendment intended to be proposed by (a) Approved Applicants. governmental Relations shall submit a re- her to the bill, H.R. 3756, supra; as fol- (1) IN GENERAL.—An applicant of an ap- port to the Congress and President that— lows: proved flexibility plan, in accordance with (1) describes the extent to which this Act On page 64, strike lines 14 through 18 and guidance issued by the Board, shall— has improved the ability of State, local and add in lieu thereof: (A) submit any reports on and cooperate in tribal governments, particularly smaller SEC. . FUNDING TO MEET TREATY OBLIGA- any audits of the implementation of its ap- units of government, to make more effective TIONS. proved flexibility plan; and use of two or more Federal financial assist- (1) BUDGET AUTHORITY TO FUND BORDER STA- (B) monitor the effect implementation of ance programs included in a flexibility plan; TIONS.— the plan has had on— (2) evaluates if or how the flexibility pro- (a) New budget authority for leasing agree- (i) individuals who receive services and vided by this Act has improved the system of ments with State and local governments and benefits under the plan; Federal financial assistance to State, local private sponsors for construction by the (ii) communities in which those individ- and tribal governments, and enabled govern- General Services Administration of border uals live; ments and community organizations to work facilities on the borders of the United States (iii) costs of administering and providing together more effectively; and with Canada or Mexico, constructed pursu- assistance under eligible Federal financial (3) includes recommendations with respect ant to increased cross-border trade arising assistance programs included in the plan; to flexibility for State, local and tribal gov- from treaties signed by the United States and ernments. and ratified by the U.S. Senate, shall be (iv) performance of the eligible Federal fi- SEC. 010. REPEAL. treated as budget authority in the fiscal year nancial assistance programs included in the This Act is repealed on January 1, 2005. in which the budget authority is obligated plan compared to the performance of such SEC. 011. DELIVERY DATE OF FEDERAL CON- for construction, without regard to section programs prior to implementation of the TRACT, GRANT, AND ASSISTANCE AP- 3328(a)(1)(B) of title 31, United States Code; plan. PLICATIONS. (c) an agreement entered into under such (2) INITIAL 1-YEAR REPORT.—No later than (a) GENERAL RULE.— provisions shall provide for the title to the 90 days after the end of the 1-year period be- (1) DATE OF DELIVERY.—The Director of the property and facilities to vest in the United ginning on the date the plan takes effect, Office of Management and Budget shall di- States on or before the expiration of the con- and annually thereafter, the approved appli- rect all Federal agencies to develop a contract term, on fulfillment of the terms and cant, respectively, shall submit to the Board sistent policy relating to Federal contract, conditions of the agreement. a report on the principal activities, achieve- grant, and other assistance applications (2) GRANTS.— September 12, 1996 CONGRESSIONAL RECORD — SENATE S10495 (a) The General Services Administration retary’’) shall rescind approval of the waiver Section 8(b) of the National Labor Relations shall make grants with respect to any State described in subsection (b). Upon such rescis- Act (29 U.S.C. 158(b)) is amended by— and local governments and private sponsors sion, the Secretary shall immediately ap- (1) striking ‘‘and’’ at the end of paragraph for initiation of construction by the General prove such waiver in accordance with sub- (6); Services Administration of new border facili- section (c). (2) striking the period at the end of para- ties on the borders of the United States with (b) WAIVER DESCRIBED.—The waiver de- graph (7) and inserting in lieu thereof a semi- Canada or Mexico, pursuant to (1)(a), the scribed in this subsection is the approval by colon; and total cost of which in fiscal year 1997 shall the Secretary on August 19, 1996, of the Dis- (3) adding after paragraph (7) the following not exceed $2,150,000. The Administrator of trict of Columbia’s Welfare Reform Dem- new paragraph; G.S.A. shall submit to the Congress a onstration Special Application for waivers, ‘‘(8) to receive from a member or nonmem- prioritized list of border projects consistent which was submitted under section 1115 of ber dues, initiation fees, assessments, or with this section. the Social Security Act, and entitled the other payments as a condition of member- (b) LIMITATION ON PERCENT OF COST.—Fed- District of Columbia’s Project on Work, Em- ship in the labor organization or as a condi- eral funding provided under (2)(a) may not ployment, and Responsibility (POWER). tion of employment for use for political ac- exceed 50% of the total cost of the activity (c) CONDITION FOR WAIVER APPROVAL.—The tivities in which the labor organization is with respect to which such a grant is pro- Secretary shall not approve any part of the engaged unless with the prior written vol- vided. waiver described in subsection (b) that re- untary authorization of the member or non- (c) funds not granted by the GSA during lates to a waiver of the requirement under member: Provided, That nothing in this para- fiscal year 1997 pursuant to (2) shall be trans- section 408(a)(7) of the Social Security Act to graph shall be construed to deprive the ferred to the General Fund of the Treasury not use any part of the grant made under courts of their concurrent jurisdiction over for deficit reduction. section 403 of such Act to provide assistance claims that a labor organization’s use of the to a family that includes an adult who has monies specified in this paragraph, or over BOXER AMENDMENT NO. 5288 received assistance under any State program the procedures for objecting to such spend- funded under part A of title IV of such Act ing, breaches the duty of fair representa- (Ordered to lie on the table.) attributable to funds provided by the Federal tion.’’ Mrs. BOXER submitted an amend- Government for 60 months (whether or not SEC. . EFFECTIVE DATE. ment intended to be proposed by her to consecutive). The amendments made by this Act shall the bill, H.R. 3756, supra; as follows: SEC. . NO WAIVER OF 5-YEAR TIME LIMIT FOR apply the date of enactment of this Act. On page 59, line 23, after ‘‘$5,600,000’’ insert WELFARE ASSISTANCE. ‘‘: Provided, That— Beginning on and after the date of the en- ASHCROFT AMENDMENT NO. 5292 (1) the Congress finds that— actment of this Act, the Secretary of Health (A) the Gun Control Act of 1968 prohibited and Human Services shall not approve any (Ordered to lie on the table.) the importation of handguns that were eas- application submitted under section 1115 of Mr. ASHCROFT submitted an amend- ily concealable, poorly constructed, and the Social Security Act, or under any other ment intended to be proposed by him lacking important safety features; provision of law, for a waiver of the require- to the bill, H.R. 3756, supra; as follows: ment under section 408(a)(7) of such Act to (B) the ban on the importation of such At the appropriate place add the following not use any part of the grant made under handguns (commonly termed ‘‘junk guns’’) new title: section 403 of such Act to provide assistance did not prohibit the domestic manufacture of ll junk guns; and to a family that includes an adult who has TITLE —WORKING FAMILIES (C) available data are insufficient to deter- received assistance under any State program FLEXIBILITY mine which handgun models currently manu- funded under part A of title IV of such Act SEC. ll01. SHORT TITLE. factured in America are junk guns that fail attributable to funds provided by the Federal This title may be cited as the ‘‘Working to meet the safety and performance stand- Government for 60 months (whether or not Families Flexibility Act of 1996’’. ards required of imported handguns; consecutive). SEC. ll02. COMPENSATORY TIME. (2) the Bureau of Alcohol, Tobacco and Subsection (o) of section 7 of the Fair Firearms shall conduct a study listing the KERRY AMENDMENT NO. 5290 Labor Standards Act of 1938 (29 U.S.C. 207) is firearms legally manufactured in the United amended— States that could not legally be imported (Ordered to lie on the table.) (1) by redesignating paragraphs (6) and (7) under the restrictions of section 925(d)(3) of Mr. KERREY submitted an amend- as paragraphs (8) and (9), respectively; and title 18, United States Code, and prepare a ment intended to be proposed by him (2) by striking paragraphs (1) through (5) report on the study that shall be transmitted to the bill, H.R. 3756, supra; as follows: and inserting the following: to the Congress no later than 1 year after the Insert at the appropriate place: ‘‘Provided ‘‘(1) An employee may receive, in accord- date of enactment of this Act; further, That from funds made available for ance with this subsection and in lieu of mon- (3) notwithstanding the provisions of sec- Basic Repairs and Alterations, $2,000,000 etary overtime compensation, compensatory tion 102(3)(f) of title 3, United States Code, if shall be transferred to the Policy and Oper- time off at a rate not less than one and one- funds are not required for Presidential tran- ations appropriation’’. half hours for each hour of employment for sition, $2,000,000 of the amount appropriated which overtime compensation is required by under this heading shall be made available NICKLES AMENDMENT NO. 5291 this section. to the Bureau of Alcohol, Tobacco and Fire- ‘‘(2) An employer may provide compen- arms to conduct the study and report de- (Ordered to lie on the table.) satory time under paragraph (1) only— scribed in paragraph (2); and Mr. NICKLES submitted an amend- ‘‘(A) pursuant to— (4)(A) if funds are required for Presidential ment intended to be proposed by him ‘‘(i) applicable provisions of a collective transition, the study described in paragraph to the bill, H.R. 3756, supra; as follows: bargaining agreement, memorandum of un- (2) shall not be required unless the Congress derstanding, or any other agreement be- provides funding for that purpose; and At the appropriate place in the bill, insert tween the employer and representatives of (B) it is the sense of the Senate that if the following new sections: such employees; or funds are required for Presidential transi- SEC. . SHORT TITLE. ‘‘(ii) in the case of employees who are not tion, alternate means of funding the study This Act may be cited as the ‘‘Workers Po- represented by a collective bargaining agent described in paragraph (2) should be pro- litical Freedom Act of 1996’’. or other representative designated by the vided. SEC. . WORKERS’ POLITICAL RIGHTS. employee, an agreement or understanding (a) UNFAIR LABOR PRACTICES BY EMPLOYERS arrived at between the employer and em- NICKLES AMENDMENT NO. 5289 PROHIBITED.—Section 8(a) of the National ployee before the performance of the work Labor Relations Act (29 U.S.C. 158(a)) is involved if such agreement or understanding (Ordered to lie on the table.) amended by— was entered into knowingly and voluntarily Mr. NICKLES submitted an amend- (1) striking the period at the end of para- by such employee; ment intended to be proposed by him graph (5) and inserting in lieu thereof ‘‘; or’’; ‘‘(B) in the case of an employee who is not to the bill, H.R. 3756, supra; as follows: and an employee of a public agency, if such em- At the appropriate place, insert the follow- (2) adding after paragraph (5) the following ployee has affirmed, in a written or other- ing: new paragraph; wise verifiable statement that is made, kept, SEC. . REQUIREMENT FOR THE DISTRICT OF CO- ‘‘(6) to receive from an employee dues, ini- and preserved in accordance with section LUMBIA TO COMPLY WITH 5-YEAR tiation fees, assessments, or other payments 11(c), that the employee has chosen to re- TIME LIMIT FOR WELFARE ASSIST- as a condition of employment for use for po- ceive compensatory time in lieu of monetary ANCE. litical activities in which the employer is en- overtime compensation; and (a) IN GENERAL.—Not later than 10 days gaged unless with the prior written vol- ‘‘(C) if the employee has not accrued com- after the date of the enactment of this Act, untary authorization of the employee.’’ pensatory time in excess of the limit appli- the Secretary of Health and Human Services (b) UNFAIR LABOR PRACTICES BY cable to the employee prescribed by para- (in this section referred to as the ‘‘Sec- LABOR ORGANIZATIONS PROHIBITED.— graph (4) or (5). S10496 CONGRESSIONAL RECORD — SENATE September 12, 1996 In the case of employees described in sub- If the work of an employee of a public agen- Labor shall revise the materials the Sec- paragraph (A)(ii) who are employees of a cy for which compensatory time may be pro- retary provides, under regulations published public agency and who were hired before vided does not include a public safety activ- at section 516.4 of title 29, Code of Federal April 15, 1986, the regular practice in effect ity, an emergency response activity, or a Regulations (as in effect on August 1, 1996), on such date with respect to compensatory seasonal activity, the employee engaged in to employers concerning a notice explaining time off for such employees in lieu of the re- such work may accrue not more than 240 the Fair Labor Standards Act of 1938 to em- ceipt of monetary overtime compensation, hours of compensatory time for hours ployees so that such notice reflects the shall constitute an agreement or understand- worked after April 15, 1986. Any employee of amendments made to such Act by this title. ing described in such subparagraph. Except a public agency who, after April 15, 1986, has as provided in the preceding sentence, the accrued 480 or 240 hours, as the case may be, DASCHLE (AND BREAUX) of compensatory time off shall, for addi- provision of compensatory time off to em- AMENDMENT NO. 5293 ployees of a public agency for hours worked tional overtime hours of work, be paid mone- after April 14, 1986, shall be in accordance tary overtime compensation. (Ordered to lie on the table.) with this subsection. An employer may pro- ‘‘(B) If monetary compensation is paid to Mr. DASCHLE (for himself and Mr. an employee described in subparagraph (A) vide compensatory time under paragraph (1) BREAUX) submitted an amendment infor accrued compensatory time off, such to an employee who is not an employee of a compensation shall be paid at the regular tended to be proposed by them to the public agency only if an agreement or under- rate earned by the employee at the time the bill, H.R. 3756, supra; as follows: standing described in subparagraph (A)(ii) employee receives such payment. In the amendment, strike all after the first was not a condition of employment. ‘‘(6)(A) An employee of an employer that is ‘‘(3) An employer that is not a public agen- word and insert: not a public agency who has accrued com- The Senate finds that over 40 states have cy and that provides compensatory time pensatory time off authorized to be provided received welfare waivers from the Depart- under paragraph (1) to employees shall not under paragraph (1) shall, upon the vol- ment of Human Services to promote work directly or indirectly intimidate, threaten, untary or involuntary termination of em- and personal responsibility leading to self- or coerce or attempt to intimidate, threaten, ployment, be paid for the unused compen- sufficiency; or coerce any employee for the purpose of— satory time at a rate of compensation not It is the sense of the Senate that either all ‘‘(A) interfering with such employee’s less than— of the waivers or none of the waivers should rights under this subsection to request or ‘‘(i) the average regular rate received by remain in place until their expiration date. not request compensatory time off in lieu of such employee during the period during payment of monetary overtime compensa- which the compensatory time was accrued; COVERDELL AMENDMENT NO. 5294 tion; or ‘‘(B) requiring any employee to accept such ‘‘(ii) the final regular rate received by such (Ordered to lie on the table.) compensatory time in lieu of monetary over- employee; Mr. COVERDELL submitted an time compensation; or whichever is higher. amendment intended to be proposed by ‘‘(C) requiring any employee to use such ‘‘(B) An employee of an employer that is a him to the bill, H.R. 3756, supra; as fol- compensatory time on or by a date deter- public agency who has accrued compensatory lows: mined by such employer. time off authorized to be provided under ‘‘(4)(A) An employee who is not an em- paragraph (1) shall, upon the voluntary or in- At the appropriate place in the bill, insert ployee of a public agency may accrue not voluntary termination of employment, be the following new section: more than 240 hours of compensatory time. paid for the unused compensatory time at a SEC. . PROVISIONS RELATED TO THE USE OF A ‘‘(B)(i) Not later than January 31 of each rate of compensation not less than— CONTROLLED SUBSTANCE IN FUR- calendar year, the employer of an employee ‘‘(i) the average regular rate received by THERANCE OF THE COMMISSION OR described in subparagraph (A) shall provide ATTEMPTED COMMISSION OF A FEL- such employee during the last 3 years of the ONY. monetary compensation, for any compen- employee’s employment; or (a) IN GENERAL.—Section 401 (b) of the Con- satory time off accrued during the preceding ‘‘(ii) the final regular rate received by such calendar year that was not used prior to De- trolled Substance Act is amended by adding employee; at the end the following new section. cember 31 of the preceding calendar year at whichever is higher. the rate prescribed by paragraph (6). The em- ‘‘(C) Any payment owed to an employee ‘‘SEC. . USE OF A CONTROLLED SUBSTANCE TO ployer of an employee described in subpara- under this subsection for unused compen- COMMIT A FELONY. graph (A) may designate and communicate satory time shall be considered unpaid over- ‘‘Any person who, in furtherance of the to the employee a 12-month period other time compensation. commission or attempted commission of a than the calendar year, in which case such ‘‘(7) An employee— felony under Federal or State law, admin- compensation shall be provided not later ‘‘(A) who has accrued compensatory time isters or causes to be administered to any than 31 days after the end of such 12-month off authorized to be provided under para- person, without the consent of that person, period. graph (1); and an imported controlled substance (including ‘‘(ii) The employer of an employee de- ‘‘(B) who has requested the use of such flunitrazepam) shall, in addition to any pun- scribed in subparagraph (A) may provide compensatory time; ishment provided for that felony, be impris- monetary compensation for the employee’s shall be permitted by the employee’s em- oned not more than 20 years, fined under unused compensatory time in excess of 80 ployer to use such time within a reasonable title 18, United States Code, or both.’’. hours at any time after giving the employee period after making the request if the use of (b) FEDERAL AND STATE COORDINATION.— at least 30 days’ notice. Such compensation the compensatory time does not unduly dis- The United States Attorney shall coordinate shall be provided at the rate prescribed by rupt the operations of the employer.’’. the prosecution of any defendant charged paragraph (6). SEC. ll03. REMEDIES. with an offense under this section with State ‘‘(iii) An employer that is not a public Section 16 of the Fair Labor Standards Act and local law enforcement agencies in order agency and that has adopted a policy offer- of 1938 (29 U.S.C. 216) is amended— to ensure swift and appropriate punishment. ing compensatory time to employees of the (1) in subsection (b), by striking ‘‘(b) Any employer may discontinue such policy upon employer’’ and inserting ‘‘(b) Except as pro- BIDEN AMENDMENT NO. 5295 giving employees 30 days’ notice. vided in subsection (f), any employer’’; and ‘‘(iv) An employee who is not an employee (2) by adding at the end the following: Mr. BIDEN proposed an amendment of a public agency may withdraw an agree- ‘‘(f) An employer that is not a public agen- to the bill, H.R. 3756, supra; as follows: ment or understanding described in para- cy and that violates section 7(o)(3) shall be At the appropriate place in the bill, insert graph (2)(A)(ii) at any time. liable to the employee affected in an amount the following: ‘‘(C) An employee who is not an employee equal to— SEC. . RESCHEDULING OF FLUNITRAZEPAM of a public agency may request in writing ‘‘(1) the product of the rate of compensa- INTO SCHEDULE I OF THE CON- that monetary compensation be provided, at tion (determined in accordance with section TROLLED SUBSTANCES ACT. any time, for all compensatory time accrued 7(o)(6)(A)) and the number of hours of com- Notwithstanding sections 201 and 202 (a) that has not yet been used. Within 30 days pensatory time involved in the violation and (b) of the Controlled Substances Act (21 after receiving the written request, the em- that was initially accrued by the employee; U.S.C. 811, 812 (a), (b)), respecting the sched- ployer of the employee shall provide the em- and uling of controlled substances, the Attorney ployee the monetary compensation due in ‘‘(2) as liquidated damages— General shall, by order— accordance with paragraph (6). ‘‘(A) an additional amount equal to such (1) transfer flunitrazepam from schedule IV ‘‘(5)(A) If the work of an employee of a pub- product; minus of such Act to schedule I of such Act; and lic agency for which compensatory time may ‘‘(B) the product of such rate of compensa- (2) add ketamine hydrochloride to schedule be provided included work in a public safety tion and the number of hours of compen- II of such Act. activity, an emergency response activity, or satory time involved in the violation that SEC. . PENALTY FOR ADMINISTERING A CON- a seasonal activity, the employee engaged in was used by the employee.’’. TROLLED SUBSTANCE TO FACILI- such work may accrue not more than 480 SEC. ll04. NOTICE TO EMPLOYEES. TATE A FELONY. hours of compensatory time for hours Not later than 30 days after the date of the (a) IN GENERAL.—The Controlled Sub- worked by such employee after April 15, 1986. enactment of this Act, the Secretary of stances Act (21 U.S.C. 100 et. seq.) is amended September 12, 1996 CONGRESSIONAL RECORD — SENATE S10497 by adding at the end of part D the following elected official or officials in the local area vision) and insert in lieu thereof the follow- new section: in carrying out its duties; ing: ‘‘The Senate recedes.’’ ‘‘PENALTY FOR ADMINISTERING A CONTROLLED ‘‘(G) a description of how the local Note 195 (relating to prohibition of the SUBSTANCE TO FACILITATE A FELONY workforce development board will obtain the local board operating programs itself): active and continuous participation of busi- Strike the staff recommendation (which ‘‘SEC. 423. Whoever administers a con- ness and industry, representatives of em- proposes that the Senate recede with an trolled substance to a person without that ployees, local educational agencies, post- amendment containing new language) and person’s knowledge for the purpose of facili- secondary education institutions, adult edu- insert in lieu thereof the following: ‘‘The tating the commission or attempted com- cation and literacy providers, local service Senate recedes with amendments to insert mission of a felony under Federal or State providers, community-based organizations, the word ‘directly’ before the word ‘operate’ law shall, in addition to any other penalty parents and consumers (including individ- in the first sentence of the House provision, imposed, be imprisoned for up to 10 years, uals with disabilities, older workers, and vet- and to strike the second sentence of the fined as provided under title 18, United erans) in the workforce development area; House provision.’’ States Code, or both.’’. ‘‘(H) a description of the steps the local (b) FEDERAL AND STATE COORDINATION.— board will take to work with local edu- The United States Attorney shall coordinate AMENDMENT NO. 5297 cational agencies, postsecondary educational the prosecution of any defendant charged Insert at the appropriate place in the institutions, adult education and literacy with an offense under section 423 of the Con- Kassebaum amendment the following amend- providers, and others to address the local trolled Substances Act with State and local ments: employment, education, and training needs; ‘‘The Senate recedes with an amendment law enforcement agencies. ‘‘(I) a description of the process used to (c) CONFORMING AMENDMENT.—The table of as follows.’’ fully involve business, labor organizations, sections for part D of the Controlled Sub- ‘‘SPECIAL RULE.—With respect to adult edu- the local education community (including stances Act is amended by inserting after cation activities, the State shall ensure the teachers), parents and community-based or- the item relating to section 422 the following expenditure for adult education and literacy ganizations in the development and imple- new item: of an amount at least equal to the amount mentation of at-risk youth activities, includ- ‘‘Sec. 423. Penalty for administering a con- the State received under section 313 of the ing a description of the process used to en- Adult Education Act for adult education ac- trolled substance to facilitate a sure that the most effective and efficient felony.’’ tivities in FY 1995. For any fiscal year in providers of services are chosen; and which funding for adult and literacy activi- ‘‘(J) such other information as the Gov- ties under section is less than the amount ernor may require. KENNEDY AMENDMENTS NOS. 5296– received by the State in FY 1995, the state ‘‘(2) IDENTIFICAITON OF QUALIFIED TRAINING 5308 shall use sufficient funds under the flex ac- PROVIDERS.—Consistent with the require- (Ordered to lie on the table.) ments established under section , the count under section to satisfy the re- Mr. KENNEDY submitted 13 amend- local board is authorized to work with the quirements of this provision. ments intended to be proposed by him State in the identification of qualified pro- to the bill, H.R. 3756, supra; as follows: viders of training in the workforce develop- AMENDMENT NO. 5298 Insert at the appropriate place in the AMENDMENT NO. 5296 ment area, for participation in employment and training activities established under sec- Kassebaum amendment the following amend- Insert at the appropriate place in the tion .’’ ments: Kassebaum amendment the following amend- Note 192a (on local board developing budget, Note 210 (relating to summer jobs pro- ments: with approval by local elected officials): gram): ‘‘The Senate recedes with an amendment Strike the staff recommendation (which Strike the staff recommendation (which inserting proposes that the House recede from its pro- proposes that the Senate recede from its po- ‘‘(a) FUNCTIONS.—The functions of the local vision) and insert in lieu thereof the follow- sition) and insert in lieu thereof the follow- workforce development board shall include— ing: ‘‘The Senate recedes with technical cor- ing: ‘‘The House recedes with an amendment ‘‘(1) LOCAL WORKFORCE DEVELOPMENT rections to cross-references.’’ as follows: PLAN.—Each local workforce development Note 192b (on local board oversight respon- ‘‘Subsection . SUMMER JOBS PROGRAM.— board shall develop a comprehensive multi- sibilities, in partnership with local elected offi- Each State shall use a portion of the funds year strategic plan that is consistent with cials): provided for at-risk youth activities under the goals the plan established by the State Strike the staff recommendation (which this section to conduct a summer youth em- under section . Such plan shall include proposes that the House recede from its pro- ployment program. Such program shall pro- the following information— vision) and insert in lieu thereof the follow- vide worksite learning opportunities for at- ‘‘(A) an identification of the workforce de- ing: ‘‘The Senate recedes’’. risk youth and be linked to year-round edu- velopment needs of local industries, job Note 193 (relating to the role of local elect- cation and training activities provided to seekers, and workers; ed officials): ‘‘(B) a description of workforce develop- such youth.’’ Strike the staff recommendation (which ‘‘(A) For purposes of paragraph (1)(A), the ment activities to be carried out in the local proposes that the House recede with an term ‘‘youth living in poverty’’ means an in- area as required under section (reference amendment modifying the language) and individual who— to employment and training section) and sert in lieu thereof the following: ‘‘The ‘‘(i) is not less than age 15 or more than section (reference to at-risk youth sec- House recedes with an amendment, as fol- age 21; and tion), that with programs established under lows: ‘‘(ii) is a member of a family (having one Wagner-Peyser Act, contribute to a coherent ‘‘COORDINATION WITH LOCAL ELECTED OFFI- or more members) with an income below the workforce development system; CIALS.—The local board shall— poverty line (as annually determined by the ‘‘(C) a description of the local benchmarks ‘‘(A) develop the local workforce develop- Office of Management and Budget). applicable to the local area as a whole nego- ment plan, in coordination with the appro- ‘‘(B) For purposes of paragraph (1)(B), the tiated with the State consistent with the priate chief elected officials of units of gen- term ‘‘youth’’ means an individual who is State plan pursuant to section , and the eral local government in the workforce de- not less than age 15 or more than age 21. benchmarks to be used by the local board for velopment area; ‘‘(C) For purposes of paragraph (2) the term measuring the performance of local service ‘‘(B) submit the local workforce develop- ‘‘allocation percentage’’ means— providers and the performance of the one- ment plan to such appropriate chief elected ‘‘(i) with respect to the program year pre- stop career center system; officials for approval or modifications, allow- ceding program year 1998, the percentage ‘‘(D) a description of the process nego- ing not less than 30 days for such consider- that the workforce development area re- tiated with the Governor by the local board ation; and ceives of financial assistance allotted to all in coordination with local elected officials ‘‘(C) include acceptable modifications and local areas in the State under subtitle B and that the local board will use to establish or transmit any additional recommendations C of title II of the Job Training Partnership certify one-stop career centers and service by any such chief elected official, as part of Act for program year 1997; and providers in the local workforce development the submission of the local workforce devel- ‘‘(ii) with respect to program year 1998 and area; opment plan to the Governor.’’ each subsequent program year, the percent- ‘‘(E) a description of the process that the Note 194 (on local board receiving and dis- age that a workforce development area re- local board will use to— bursing training funds or designating fiscal ceives under this subsection for the program ‘‘(i) ensure that the most effective and effi- agent): cient service providers are chosen; Strike the staff recommendation (which year.’’ ‘‘(ii) ensure that local providers continue proposes that the House recede from its pro- to meet the labor market needs of local em- vision) and insert in lieu thereof the follow- AMENDMENT NO. 5299 ployers and program participants; and ing: ‘‘The Senate recedes.’’ Insert at the appropriate place in the ‘‘(iii) fully utilize activities authorized Note 194a (relating to employment of staff Kassebaum amendment the following amend- under the Wagner-Peyser Act. for the local board): ments: ‘‘(F) a description of how the local board Strike the staff recommendation (which ‘‘Subsection AT-RISK YOUTH SUBSTATE will obtain the continued input of the chief proposes that the House recede from its pro- ALLOCATION.— S10498 CONGRESSIONAL RECORD — SENATE September 12, 1996

‘‘(1) IN GENERAL.—Subject to the adjust- pant refuses to submit to the drug test, or agency in a State responsible for administer- ments required by paragraph (2), of the fails the drug test, the local entity shall dis- ing or setting policies for vocational edu- amounts to be allocated within the State to miss the participant from participation in cation on the date of enactment of this Act. local workforce development boards to carry the activities. (B) in the case of adult education activities out at-risk youth activities— (6) REAPPLICATION.— or requirements under this title, the individ- ‘‘(A) two-thirds shall be allocated on the (A) IN GENERAL.—Except as provided in ual, entity, or agency in a State responsible basis of the relative number of youth living subparagraph (B), an individual who is an ap- for administering or setting policies for in poverty within each workforce develop- plicant and is disqualified from eligibility adult education activities in such State pur- ment area as compared to the total number under paragraph (4), or who is a participant suant to State law. If no such agency is so of youth living in poverty in the State; and and is dismissed under paragraph (5), may redesignated for adult education activities, the ‘‘(B) one-third shall be allocated on the apply, not earlier than 6 months after the eligible agency for adult education shall be basis of the relative number of youth within date of the disqualification or dismissal, to the individual, entity or agency in a State each workforce development area as com- participate in such workforce employment responsible for administering or setting the pared to the total number of youth living in activities. If the individual demonstrates policies for adult education on the date of the State. that the individual has completed a drug enactment of the Act. ‘‘(2) LIMITATION.—No workforce develop- treatment program and passed a drug test 3. Note.—Special Rules: ment area shall be allocated for any program within the past 30 days, the individual may (1) Nothing in this Act shall be construed year under paragraph (1) an amount which is participate in such activities, under the to negate or supersede the legal authority less than 98 percent or more than 102 percent same terms and conditions as apply to other under State law of any State agency, State of the allocation percentage for such area for applicants and participants, including sub- entity, or State public official over programs the preceding program year. mission to drug tests administered as de- that are under the jurisdiction of the agency, ‘‘(3) DEFINITIONS.—’’. scribed in paragraph (3). entity, or official. Nothing in this Act shall (B) SECOND DISQUALIFICATION OR DISMIS- be construed to interfere with the authority AMENDMENT NO. 5300 SAL.—If the individual reapplies to partici- of such agency, entity, or official to enter Insert at the appropriate place in the pate in the activities and fails a drug test ad- into a contract under any provision of law. (2) Nothing in the [subtitle] shall be con- Kassebaum amendment the following amend- ministered under paragraph (3) by the local strued to prohibit any individual, entity or ments: entity, while the individual is an applicant agency in a State (other than the State edu- ( ) LIMITATIONS ON PARTICIPANTS.— or a participant, the local entity shall dis- cational agency) that is administering voca- (1) FINDING.—Congress finds that— qualify the individual from eligibility for, or tional education activities or adult edu- (A) the possession, distribution, and use of dismiss the individual from participation in, cation and literacy activities or setting edu- drugs by participants in workforce employ- the workforce employment activities. The cation policies consistent with State law for ment activities should not be tolerated, and individual shall not be eligible to reapply for vocational education activities or adult edu- that such use prevents participants from participation in the activities for 2 years cation and literacy activities, on the day making full use of the benefits extended after such disqualification or dismissal. preceding the date of enactment of this Act through such activities at the expense of (7) APPEAL.—A decision by a local entity to from continuing to administer or set edu- taxpayers; and disqualify an individual from eligibility for cation policies consistent with authority (B) drug testing, when conducted in ac- participation in workforce employment ac- under State law for such activities under cordance with rigorous scientific standards tivities under paragraph (4) or (6), or to dis- this [subtitle]. and adequate safeguards, is a fair and effec- miss a participant as described in paragraph 4. Note 221b.—(formula for within-state dis- tive means of deterring drug use. (5) or (6), shall be subject to expeditious ap- tribution of vocational education funds) (2) DETERMINATION.—Each Governor of a peal in accordance with procedures estab- The House recedes with an amendment as State receiving an allotment under section lished by the State in which the local entity follows: ll shall determine whether to require local is located. (8) DEFINITIONS.—As used in this section: (1) EIGHTY PERCENT.—From 80 percent of entities carrying out workforce employment such portion, each local educational agency ll (A) DRUG.—The term ‘‘drug’’ means a con- activities described in section in the shall be allocated an amount that bears the State to administer drug tests. A Governor trolled substance, as defined in section 102(6) of the Controlled Substance Act (21 U.S.C. same relationship to such 80 percent as the who elects to require such testing shall re- number of children aged 5–17 living in poor quire that the testing be administered in ac- 802(6)). (B) DRUG TEST.—The term ‘‘drug test’’ families. For the purposes of this section, cordance with this subsection and the Man- the Secretary shall determine the number of datory Guidelines for Federal Workplace means a biochemical drug test carried out by a facility that is certified in accordance with children aged 5–17, inclusive, from families Drug Testing Programs, 53 Fed. Reg. 11970 below the poverty level on the basis of the (1988) (or a successor to such guidelines). the mandatory guidelines (or successor) described in paragraph (2). most recent satisfactory data available from (3) DRUG TESTS.—Each local entity carry- the Department of Commerce.’’ ing out such workforce employment activi- (2) TWENTY PERCENT.—From 20 percent of AMENDMENT NO. 5301 ties in a State in which the Governor has such portion, each local educational agency elected to require such testing (referred to in Insert at the appropriate place in the shall be allocated an amount that bears the this subsection as a ‘‘covered State’’) shall Kassebaum amendment the following amend- same relationship to such 20 percent as the administer a drug test— ments: number of students enrolled in schools and (A) on a random basis, to individuals who (b) RECIPIENTS.—Subject to subsection (c) adults enrolled in training programs under ll apply to participate in such activities; and in making an allotment under section the jurisdiction of such local educational (B) to a participant in such activities, on [the fed to State formula] to a State, the Sec- agency for the preceding fiscal year bears to reasonable suspicion of drug use by the par- retaries shall make a payment.— the number of students enrolled in schools ticipant. (1) to the Governor of the state for the por- and adults enrolled in training programs (4) ELIGIBILITY OF APPLICANTS.—Each local tion described in paragraphs (1) [employment under the jurisdiction of all local edu- entity carrying out such workforce employ- and training] and (4) [at-risk youth] of sub- cational agencies in the State for such year. ment activities in a covered State shall pro- section (a), and such part of the flex account (b) LIMITATIONS.—No entity shall receive vide notice to each applicant, on application, as the Governor may be eligible to receive, an allotment under this section for a pro- that the applicant may be required to submit as determined under the State plan of the gram year an amount that would make the to a drug test administered as described in State submitted under subsection ll; and entity’s percentage for the program year— paragraph (3). In order for such an applicant (2) to the eligible agencies in the State for (1) less than the product obtained by mul- to be eligible to participate in such the portion described in paragraphs (2) [voca- tiplying— workforce employment activities, the appli- tional education] and (3) [adult education] of (a) 0.98 and cant shall agree to submit to the drug test subsection (a), and such part of the flex ac- (b) the entity’s percentage of the total and, if the test is administered to the appli- count as the eligible agencies may be eligible State allotment for the preceding program cant, shall pass the test. to receive, as determined under the State year; or (5) ELIGIBILITY OF PARTICIPANTS.—Each plan of the State submitted under subsection (2) greater than the product obtained by local entity carrying out such workforce em- ll. multiplying— ployment activities in a covered State shall 2. Note.—Relating to eligible agency, will (a) 1.02 and provide notice to each participant, on selec- be inserted in the General Definitions: (b) the entity’s percentage of the total tion, that the participant may be required to ( ) the term ‘‘eligible agency’’ means— State allotment for the preceding program submit to a drug test administered as de- (A) the State educational agency and each year.’’ scribed in paragraph (3). In order for such a of the State agencies responsible for higher (b) CONTENTS.—The State plan shall in- participant to be eligible to participate in education (including community colleges) clude— such workforce employment activities, the that the State chooses. If no such agency is (1)(A) a description of the collaborative participant shall agree to submit to the drug so designated for vocational education ac- process described in section 105 used in de- test and, if the test is administered to the tivities, the eligible agency for vocational veloping the plan, including a description of participant, shall pass the test. If a partici- education shall be the individual, entity or the manner in which the individuals and September 12, 1996 CONGRESSIONAL RECORD — SENATE S10499 agencies involved in the process collaborated (2) if, prior to the date of enactment of this the Governor of a State shall submit to the in the development of the plan: and Act, a State has developed a one-stop career Secretaries every third year a single, com- (B)(i)(I) information demonstrating the center system or a school-to-work system prehensive State plan (referred to in this sec- agreement of the individuals and agencies through a collaborative process that the tion as a ‘‘State plan’’) for the development participating in the collaborative process on Governor and the eligible agencies determine and implementation of the Statewide system the State plan: or is substantially similar to the process de- and obtain the approval of such plan by the (II) in as case in which the Governor is un- scribed in subsection (a), the State may use Secretaries in accordance with subsection able to obtain the agreement of such individ- such collaborative process. (b). uals and agencies as provided in subclause (c) SPECIAL RULES.— (b) STATE PLAN APPROVAL.—The Secretar- (J), the comments referred to in section (1) GOVERNOR.—The Governor of a State ies of Labor and Education shall jointly ap- 105(c)(2)(C): and shall have final authority for determining prove a State plan if— (2) a statement of the State goals and the content of the portion of the State plan (1) the Secretaries determine that the plan State benchmarks for the statewide system, described in paragraphs ll through ll of contains the information described in sub- that includes— subsection ( ) regarding employment and section ( ); (A) information identifying the State goals training activities and related requirements (2) the Secretaries determine that the and State benchmarks and how the goals and and at-risk youth activities and related re- State has prepared the plan in accordance benchmarks will make the statewide system quirements; with the requirements of this Act; relevant and responsive to labor market and (2) ELIGIBLE AGENCIES.—The eligible agen- (3) the Secretaries are satisfied that the education needs at the local level: and cies in a State shall have final authority for steps described in the plan will achieve the (B) information describing how the State determining the content of the portion of the purposes of the Act and are substantively ll will coordinate workforce and career devel- State plan described in paragraphs adequate to achieve an integrated workforce ll opment activities to meet the State goals through of subsection ( ) regarding vo- development system within three years of and reach the State benchmarks: cational education activities and related re- approval of the plan; and (3) information describing— quirements and adult education and literacy (4) the Secretaries have negotiated and (A) the needs of the State with regard to activities and related requirements. agreed to State performance indicators with current and projected demands for workers (d) AUTHORITY OF GOVERNOR.— the State in accordance with section ( ).’’ (1) FINAL AUTHORITY.—If, after a reasonable by occupation: effort, the Governor is unable to obtain the (B) the skills and economic development AMENDMENT NO. 5303 agreement of the individuals and agencies needs of the State: and participating in the collaborative process de- Insert at the appropriate place in the (C) the type and availability of workforce scribed in subsection (a) or (b) on the State Kassebaum amendment the following amend- and career development activities in the plan, the Governor shall have final authority ments: State; to submit the State plan as described in sec- SEC. . PERFORMANCE ACCOUNTABILITY SYS- SEC. 105. COLLABORATIVE PROCESS. tion 104, except as provided in paragraph (3). TEM. (a) IN GENERAL.—A State shall use a col- (2) DISAGREEMENT.—The Governor shall— (a) IN GENERAL.—In order to promote high laborative process to develop the State plan (A) provide such individuals and agencies levels of performance and to ensure an ap- described in section 104 through which indi- with copies of the State plan: propriate return on the Nation’s investment viduals and agencies including at a mini- (B) allow such individuals and agencies to in the workforce development system, each mum— submit to the Governor, not later than the State receiving funds under this Act shall (1) the Governor; end of the 30-day period beginning on the implement a statewide performance account- (2) representatives appointed by the Gov- date on which the governor provides such inability system that meets the requirements ernor, of— dividuals and agencies with copies of such of this section. (A) business and industry; plan under subparagraph (A), comments on (b) INDICATORS OF PERFORMANCE.— (B) local chief elected officials (represent- such plan; and (1) IN GENERAL.—Each State receiving ing both cities and counties, where appro- (C) accept and include with the State plan funds under this Act shall identify indicators priate); any such comments that— [Note: Senate uses ‘‘benchmarks’’ in lieu of (C) local educational agencies (including (i) are submitted by an eligible agency and ‘‘indicators’’ throughout section] of perform- vocational educators); represent disagreement with such plan, with ance for each of the programs established (D) postsecondary institutions (including respect to vocational education or adult edu- under this Act that are consistent with State community and technical colleges); cation; or goals as described in the State plan in ac- (E) parents; and (ii) are submitted by another individual or cordance with section ll. Such indicators (F) employees and labor organizations: agency participation in the collaborative shall, at a minimum, include the core indica- (3) the lead State agency official for— process. tors described in subsection (f), and be ex- (A) the State educational agency; (3) ELIGIBLE AGENCY COMMENTS.—An eligi- pressed in an objective, quantifiable, and (B) the eligible agency responsible for vo- ble agency, in submitting comments under measurable form. Such indicators may also cational education; paragraph (2)(C)(i), may submit provisions include post-program surveys measuring the (C) the eligible agency responsible for for any portion of the State plan described in satisfaction of both employers and program adult education; paragraphs ( ) through ( ) of subsection (b) participants. (D) the State agency responsible for post- (regarding vocational education activities (2) TECHNICAL DEFINITIONS OF CORE INDICA- secondary education; and and related requirements), as appropriate. TORS.—In order to ensure nationwide com- (E) the State agency responsible for voca- The Governor shall include the provisions in parability of performance data, the Sec- tional rehabilitation, and where applicable, the plan submitted by the governor under retary of Labor and the Secretary of Edu- the State agency providing vocational reha- section 104. Such provisions shall be considered cation, in collaboration with the States and bilitation program activities for the blind; to be such portion of the State plan. with representatives of business and indus- (4) such other State agency officials, in- SEC. 106. ACCOUNTABILITY. try, employees, educational agencies, service cluding officials responsible for economic de- To be supplied. providers, and other interested parties, shall velopment and employment, as the Governor SEC. 107. IDENTIFICATION OF PROVIDERS. promulgate definitions of each of the core in- may designate: What is the relationship between local en- dicators described in subsection (f), to be (5) representatives of the State legislature; tities as defined in section 4 and eligible pro- used under this Act in measuring perform- and viders under this section? ance. (6) the representative of the Veterans’ Em- (a) ELIGIBILITY REQUIREMENTS.— (c) LEVELS OF PERFORMANCE.— ployment and Training Service assigned to (1) IN GENERAL.—To be eligible to receive (1) EXPECTED LEVELS.— the State under section 4103 of title 38, Unit- funds made available to a State under this (A) NEGOTIATION.—Prior to approval of the ed States Code shall collaborate in the devel- title for employment and training activities, State plan, the appropriate Secretary shall opment of the plan. a provider of training services shall meet the negotiate with each State the levels of per- (b) ALTERNATIVE PROCESSES.—Subject to requirements of this section. Are these re- formance expected to be achieved by such concurrence of the eligible agencies and the quirements only for providers seeking to State with respect to the core indicators de- approval of the Secretaries for alternative conduct training, or any employment scribed in subsection (f), taking into ac- collaborative processes to be used for the count— purposes of complying with subsection (a) AMENDMENT NO. 5302 (i) whether the levels will enable each and with the review and the approval of the Insert at the appropriate place in the State to attain the State goals; Secretaries— Kassebaum amendment the following amend- (ii) how the levels compare with the levels (1) a State may use any State collaborative ments: established by other States; process (including collaboration by any ‘‘The Senate recedes with an amendment (iii) how the levels compare with the model council or similar entity) in existence on the as follows.’’ levels identified pursuant to paragraph date of enactment of this Act that substan- ‘‘SEC. . SUBMISSION AND APPROVAL OF STATE (2)(A); and tially meets the objectives of such sub- PLAN. (iv) such other factors as may ensure an section, as determined by the governor and (a) IN GENERAL.—For a State to be eligible appropriate return on the investment of Fed- the eligible agencies, or to receive an allotment under section ll, eral funds. S10500 CONGRESSIONAL RECORD — SENATE September 12, 1996

(B) APPLICATION TO LOCAL AREAS AND ENTI- Personal identifiers produced pursuant to (3) ADDITIONAL CORE INDICATORS FOR SPE- TIES.—Based on the expected levels of per- subparagraph (B) shall be used solely for the CIAL POPULATIONS.—In addition to the core formance established pursuant to subpara- purpose of computer matching under this indicators described in paragraphs (1) and (2), graph (A), each State shall identify the level section and shall not be used for any other the core indicators of performance for proof performance that is expected for local purpose or redisclosed for other purposes. grams conducted under this Act shall include workforce development areas and for other (e) CONSEQUENCES FOR POOR PERFORM- measures of the success in achieving State local administrative entities under this Act. ANCE.— goals for special populations, including dis- In determining such levels, the Governor or (1) STATE CONSEQUENCES.—If a State fails located workers, low income individuals, at- eligible entity as defined in section ( ), in to meet expected levels of performance for a risk youth, individuals with disabilities, dis- collaboration with local agencies, may ad- program for any program year as established placed homemakers, welfare recipients, and just the expected levels of performance with pursuant to subsection (c)(1)(A), the appro- individuals who are basic skills deficient. respect to each local area or entity taking priate Secretary shall provide technical as- SEC. . MANAGEMENT INFORMATION SYSTEMS. into account specific economic, demo- sistance, which may include assistance in Each State shall use a portion of the funds graphic, and geographic factors, and the the development of a performance improve- in receives for administration under this Act characteristics of the population to be ment plan. If such failure continues for a to operate a management information sys- served. second consecutive year, the appropriate tem in accordance with guidelines estab- (2) CHALLENGING LEVELS OF PERFORM- Secretary may reduce, by not more than 5 lished jointly by the Secretaries in consulta- ANCE.— percent, the amount of the grant that would tion with the Governors and eligible entities (A) MODEL LEVELS.—In order to encourage (in the absence of the paragraph) be payable as defined in section ( ). Such guidelines high levels of performance and advance the to the State under such program for the im- shall include elements that promote the effi- Nation’s competitiveness in the global econ- mediately succeeding program year. The cient collection and use of management in- omy, the Secretary of Labor and the Sec- Secretaries may use funds withheld under formation for reporting and monitoring the retary of Education, in collaboration with this paragraph to provide, through alter- use of funds and the performance of pro- the States and with representatives of busi- native arrangements, services and activities grams conducted under this Act, including ness and industry, employees, educational within the State that meet the purpose of information relating to demographic charac- agencies, service providers, and other inter- the Act. teristics of participants, and ensure appro- ested parties, shall identify model challeng- (2) LOCAL CONSEQUENCES.—(A) If a local priate privacy protections. ing levels of performance with respect to the workforce development area or other local In all Appropriate notes: Strike the phrase core indicators described in subsection (f). administrative entity fails to meet expected ‘‘representatives of employees’’ and ‘‘em- (B) NEGOTIATION.—Prior to approval of the levels of performance for a program for any ployees and representatives of labor organi- State plan, the appropriate Secretary shall program year established pursuant to sub- zations’’ wherever such phrases appear, and negotiate with each State challenging levels section (c)(1)(B), the Governor or the eligible substitute in lieu thereof ‘‘representatives of of performance which, if achieved, would as defined by section ( ), shall provide tech- labor organizations and employees’’. qualify such States for incentive grants nical assistance, which may include the de- Note 364.—(relating to definition of public under section ll. Such levels shall take velopment of a performance improvement employment offices): Modify the staff-rec- into account— plan. ommended amendment by striking all of (i) how the levels compare with the model (B) If such failure continues for a second paragraph (6), and redesignating paragraph levels established pursuant to subparagraph consecutive year, the Governor or the eligi- (7) as paragraph (6). Note 365.—(relating to duties of Secretary (A); ble entity as defined by section ll may of Labor): Modify the staff-recommended (ii) the extent to which such levels would take corrective actions, such as the with- amendment by striking out, ‘‘pursuant to demonstrate continuous improvement in per- holding of funds, the redesignation of a local title II of this Act’’ in subsection (a). formance by such State and exceed the ex- administrative entity, or such other actions pected levels established in paragraph (1); as the Governor or such eligible entity deter- AMENDMENT NO. 5304 (iii) the extent to which such State suc- mines are appropriate, consistent with State Insert at the appropriate place in the cessfully serves the special populations iden- law, and the requirements of this Act. Kassebaum amendment the following amend- tified in subsection (f)(3); and (f) CORE INDICATORS OF PERFORMANCE.— ments: (iv) such other factors as may demonstrate (1) CORE INDICATORS FOR EMPLOYMENT AND Strike the repeal of the School-to-Work exceptional performance by the State. TRAINING.—The core indicators of perform- (d) REPORT ON PERFORMANCE.— Opportunities Act; ance for employment and training programs Amend Section 802 of the School-to-Work (1) IN GENERAL.—The State shall report, as conducted under this Act shall include: required by the Secretaries, the levels of per- Opportunities Act of 1993 (20 USC 6251) by (A) placement in unsubsidized employ- striking ‘‘2001’’ and inserting ‘‘2000.’’ formance achieved by the State and by each ment; local workforce development area and each (B) retention in unsubsidized employment AMENDMENT NO. 5305 other local administrative entity with re- for not less than 6 months and for not less spect to the indicators identified pursuant to Insert at the appropriate place in the than 12 months, respectively; Kassebaum amendment the following amend- subsection (b)(1) for each program year, be- (C) increases in earnings, or in earnings in ments: ginning with the second program year. The combination with employer-assisted bene- ‘‘The Senate recedes with an amendment Secretaries shall make such information fits; as follows:’’ available to the general public through pub- (D) attainment of industry-recognized oc- ‘‘Subsection ll. DISLOCATED WORKER AS- lication and other appropriate methods, and cupational skills, including basic workplace SISTANCE.— shall disseminate State-by-State compari- competencies and industry-recognized skill (a) IN GENERAL.—From the amounts allo- sons, and comparisons with other industri- standards, which may include the acquisi- cated to the States in any program year that alized nations (where appropriate). tion of a skill certificate in the occupation are available to carry out adult employment (2) JOB PLACEMENT VERIFICATION SYSTEM.— for which the individual has been prepared; and training and the flex account, the (A) IN GENERAL.—In order to verify data re- (E) attainment of a high school diploma or States, in accordance with requirements of lating to the employment indicators de- general equivalency diploma; and paragraph (2), shall expend an amount to scribed in subsection (f), and the perform- (F) such other measures of performance provide employment and training services to ance-based information submitted by provid- that the State may wish to collect. dislocated workers that, when combined ers of training pursuant to section ll, each (2) CORE INDICATORS FOR EDUCATION.—The with amounts allocated for such workers in State shall establish a job placement ver- core indicators of performance for education the national reserve account, is not less than ification system. Such system shall match programs conducted under this Act shall in- $1.3 billion. relevant participant information with quar- clude: (2) STATE SHARES.—In order to meet the re- terly wage records available through the un- (A) Student mastery of academic knowl- quirements of paragraph (1), the Secretaries employment insurance system to verify em- edge; shall determine, based on the relative share ployment and earnings information. (B) Student mastery of work readiness, oc- of each State of the funds allocated under (B) PROVISIONS OF INFORMATION.—Each cupational, and industry-recognized skills this Act pursuant to the formula provided in local entity that carries out employment for students in career preparation programs; section ll, an amount equal to the relative and training activities or education activi- (C) Placement in, retention in, and comple- share for each State of $1.3 billion minus the ties and that receives funds under this title tion of secondary education (as determined amount allocated to the national reserve for shall provide such information as the State under State law) and postsecondary edu- emergency grants for dislocated workers. may require to carry out the verification de- cation, and placement and retention in em- Each State shall expend, from funds avail- scribed in subparagraph (A). ployment and in military service; and able to such State for adult employment and (C) CONFIDENTIALITY.—Information ob- (D) Mastery of the literacy, knowledge, training, and if such funds are insufficient, tained through the job placement verifica- and skills, including English acquisition, from the flex account, not less than the tion system shall be protected by the State adults need to be productive and responsible amount determined for such State pursuant from unlawful access and be made available citizens and for parents to become more ac- to the preceding sentence to provide employ- for use solely by public officials or their tively involved in the education of their chil- ment and training services to dislocated agents in the administration of this Act. dren. workers.’’ September 12, 1996 CONGRESSIONAL RECORD — SENATE S10501

AMENDMENT NO. 5306 Note 159.—(relating to incentives): Modify On page 23, strike lines 1 through 14 and in- Insert at the appropriate place in the the proposed staff amendment by adding at sert the following: Kassebaum amendment the following amend- the end the following new paragraph: ‘‘(46)(A) The term ‘retail distributor’ ments: ‘‘(5) ACCELERATED IMPLEMENTATION OF CA- means a grocery store, general merchandise ‘‘(a) ACTIVITIES.—(1)(A) Of the funds allot- REER GRANTS.—In order to encourage early store, drug store, or other entity or person ted to a State under section 102 for each fis- implementation of the career grant system, whose activities as a distributor relating to cal year, a State shall use an amount that the Secretaries may, from funds reserved pseudoephedrine or phenylpropanolamine equals the total of the funds appropriated to under section ll, award incentive grants to products are limited almost exclusively to it for fiscal year 1996 for the programs con- States that implement the career grant sys- sales for personal use, both in number of solidated under this Act for workforce em- tem described in section ll, prior to the sales and volume of sales, either directly to ployment and training, adult education and date required for such implementation under walk-in customers or in face-to-face trans- literacy, vocational education, and at-risk section ll.’’ actions by direct sales. On page 24, line 12, strike ‘‘The’’ and insert youth program activities. AMENDMENT NO. 5308 the following: ‘‘Pursuant to subsection (d)(1), ‘‘(B) From such amount— Insert in the Kassebaum amendment the the’’. ‘‘(i) a portion equal to 45 percent of such following: On page 25, line 17, strike ‘‘effective date of amount shall be used for workforce employ- Note 219.—(relating to the allocation of this section’’ and insert ‘‘date of enactment ment and training activities; workforce education funds): ‘‘The House re- of this Act’’. ‘‘(ii) a portion equal to 7 percent of such cedes with an amendment as follows:’’ On page 26, line 1, after ‘‘being’’ insert amount shall be used for adult education and ‘‘(A) Secondary school vocational edu- ‘‘widely’’. literacy activities; cation, or postsecondary and adult voca- On page 26, line 4, strike ‘‘in bulk’’ and in- ‘‘(iii) a portion equal to 28 percent of such tional education, or both; and sert ‘‘for distribution or sale’’. amount shall be used for vocational edu- ‘‘(B) 1 or more State corrections agencies On page 27, line 15, strike ‘‘effective date of cation activities; and to administer vocational education programs this section’’ and insert ‘‘date of enactment ‘‘(iv) a portion equal to 20 percent of such for juvenile and adult criminal offenders in of this Act’’. On page 28, between lines 19 and 20, insert amount shall be used for at-risk youth pro- correctional institutions in the State, in- the following and redesignate the following gram activities. cluding correctional institutions operated by paragraphs accordingly: ‘‘(2)(A) If, for any fiscal year, a State’s al- local authorities.’’ (3) SIGNIFICANT NUMBER OF INSTANCES.— lotment under section 102 is equal to or less Note 227.—(relating to distribution of adult (A) IN GENERAL.—For purposes of this sub- than the total amount of the funds appro- vocational funds): ‘‘The House recedes with section, isolated or infrequent use, or use in priated to it for fiscal year 1996 for Federal an amendment as follows:’’ grants for the programs consolidated under insubstantial quantities, of ordinary over- ‘‘Strike (A) on line 35.’’ the-counter pseudoephedrine or phenyl- this Act, the State shall use that lesser Note 233.—(relating to reservation of funds amount in accordance with paragraph (1)(B). propanolamine, as defined in section 102(45) for corrections agencies): ‘‘The Senate re- of the Controlled Substances Act, as added ‘‘(B) If, for any fiscal year, a State’s allot- cedes.’’ ment under section 102 exceeds the total by section 401(b) of this Act, and sold at the amount of the funds appropriated to it for retail level for the illicit manufacture of fiscal year 1996 Federal grants for the pro- HATCH AMENDMENT NO. 5309 methamphetamine or amphetamine may not grams consolidated under this Act, the State (Ordered to lie on the table.) be used by the Attorney General as the basis shall, subject to subparagraph (C), use such for establishing the conditions under para- Mr. HATCH submitted an amend- graph (1)(A)(ii) of this subsection, with re- excess for flexible workforce activities (re- ment intended to be proposed by him ferred to in section ll as the ‘flex ac- spect to pseudoephedrine, and paragraph count’.) to the bill, H.R. 3756, supra; as follows: (2)(A)(ii) of this subsection, with respect to ‘‘(C) If, for any fiscal year, a State’s allot- On page 9, line 2, strike ‘‘or facilitate to phenylpropanolamine. ment under section 102 exceeds 125 percent of manufacture’’ and insert ‘‘or to facilitate the (B) CONSIDERATIONS AND REPORT.—The At- its total amount of the funds appropriated to manufacture of’’. torney General shall— it for fiscal year 1996 for Federal grants for On page 10, line 8, strike ‘‘IMPORTATION RE- (i) in establishing a finding under para- programs consolidated under this Act, the QUIREMENTS’’ and insert ‘‘IMPORTATION AND graph (1)(A)(ii) or (2)(A)(ii) of this sub- State shall use the amount in excess of 125% EXPORTATION REQUIREMENTS’’. section, consult with the Secretary of Health in the following manner: On page 11, line 9, strike the comma after and Human Services in order to consider the ‘‘(i) a portion equal to 35 percent to such ‘‘item’’. effects on public health that would occur amount shall be used for workforce employ- On page 11, line 12, strike beginning with from the establishment of new single trans- ment and training activities; ‘‘For purposes’’ through line 21 and insert action limits as provided in such paragraph; ‘‘(ii) a portion equal to 5 percent of such ‘‘For purposes of paragraph (11), there is a and amount shall be used for adult education and rebuttable presumption of reckless disregard (ii) upon establishing a finding, transmit a report to the Committees on the Judiciary in literacy activities; at trial if the Attorney General notifies a both, respectively, the House of Representa- ‘‘(iii) a portion equal to 20 percent of such firm in writing that a laboratory supply sold tives and the Senate in which the Attorney amount shall be used for vocational edu- by the firm, or any other person or firm, has General will provide the factual basis for es- cation activities; been used by a customer of the notified firm, or distributed further by that customer, for tablishing the new single transaction limits. ‘‘(iv) a portion equal to 15 percent of such On page 29, between lines 14 and 15, insert the unlawful production of controlled sub- amount shall be used for at-risk youth. the following: stances or listed chemicals a firm distributes ‘‘(v) a portion equal to 25 percent of such (f) COMBINATION EPHEDRINE PRODUCTS.— and 2 weeks or more after the notification amount shall be used for flexible workforce (1) IN GENERAL.—For the purposes of this activities (referred to as the ‘flex account’). the notified firm distributes a laboratory section, combination ephedrine products supply to the customer.’.’’. shall be treated the same as pseudoephedrine AMENDMENT NO. 5307 On page 14, line 24, strike ‘‘Iso safrole’’ and products, except that— Insert at the appropriate place in the insert ‘‘Isosafrole’’. (A) a single transaction limit of 24 grams Kassebaum amendment the following amend- On page 15, between lines 5 and 6, add the shall be effective as of the date of enactment ments: following: of this Act and shall apply to sales of all ‘‘The Senate recedes with an amendment SEC. 210. WITHDRAWAL OF REGULATIONS. combination ephedrine products, notwith- as follows.’’ The final rule concerning removal of ex- standing the form in which those products ‘‘Paragraph . USE OF CAREER GRANTS emption for certain pseudoephedrine prod- are packaged, made by retail distributors or ‘‘(i) DISLOCATED WORKERS.—Except as pro- ucts marketed under the Federal Food, Drug, distributors required to submit a report vided in clause (ii), training under this Act and Cosmetic Act published in the Federal under section 310(b)(3) of the Controlled Sub- shall be provided through the use of skill Register of August 7, 1996 (61 FR 40981–40993) stances Act (as added by section 402 of this grants to dislocated workers who are 18 is null and void and of no force or effect. Act); years or older, who are unable to obtain Pell On page 21, line 23, strike beginning with ‘‘, (B) for regulated transactions for combina- Grants under title IV of the Higher Edu- except that’’ through ‘‘transaction’’ on page tion ephedrine products other than sales de- cation Act of 1965 (20 U.S.C. 1070 et seq.) and 22, line 6, and insert ‘‘, except that the scribed in subparagraph (A), the transaction who are unable to obtain the training or em- threshold for any sale of products containing limit shall be— ployment they desire through the core serv- pseudoephedrine or phenylpropanolamine (i) 1 kilogram of ephedrine base, effective ices. products by retail distributors or by dis- on the date of enactment of this Act; or Note 337(a).—(relating to exceptions to use tributors required to submit reports by sec- (ii) a threshold other than the threshold of skill grants): Senate recedes. tion 310(b)(3) of this title shall be 24 grams of described in clause (i), if established by the Note 337(b).—(relating to transition for pseudoephedrine or 24 grams of phenyl- Attorney General not earlier than 1 year skill grants): Senate recedes with amend- propanolamine in a single transaction’’. after the date of enactment of this Act; and ment striking ‘‘three years’’ and inserting On page 22, line 8, strike ‘‘abuse’’ and in- (C) the penalties provided in subsection ‘‘five years.’’ sert ‘‘offense’’. (d)(1)(B) of this section shall take effect on S10502 CONGRESSIONAL RECORD — SENATE September 12, 1996 the date of enactment of this Act for any in- more than 20 years in the case of a violation Sec. 204. Addition of iodine and hydrochloric dividual or business that violates the single of paragraph (1) or (2) involving a list I gas to list II. transaction limit of 24 grams for combina- chemical or not more than 10 years in the Sec. 205. Civil penalties for firms that sup- tion ephedrine products. case of a violation of this subsection other ply precursor chemicals. (2) DEFINITION.—For the purposes of this than a violation of paragraph (1) or (2) in- Sec. 206. Injunctive relief. section, the term ‘‘combination ephedrine volving a list I chemical,’’. Sec. 207. Restitution for cleanup of clandes- product’’ means a drug product containing (b) CONTROLLED SUBSTANCE IMPORT AND EX- tine laboratory sites. ephedrine or its salts, optical isomers, or PORT ACT.—Section 1010(d) of the Controlled Sec. 208. Record retention. salts of optical isomers and therapeutically Substance Import and Export Act (21 U.S.C. Sec. 209. Technical amendments. significant quantities of another active me- 960(d)) is amended by striking ‘‘not more TITLE III—INCREASED PENALTIES FOR dicinal ingredient. than 10 years,’’ and inserting ‘‘not more than TRAFFICKING AND MANUFACTURE OF On page 29, line 15, strike ‘‘(f)’’ and insert 20 years in the case of a violation of para- METHAMPHETAMINE AND PRECUR- ‘‘(g)’’. graph (1) or (3) involving a list I chemical or SORS On page 29, line 17, strike all beginning not more than 10 years in the case of a viola- Sec. 301. Trafficking in methamphetamine with ‘‘over-the-counter’’ through line 20 and tion of this subsection other than a violation penalty increases. insert ‘‘pseudoephedrine or phenylpropanola- of paragraph (1) or (3) involving a list I Sec. 302. Penalty increases for trafficking in mine product prior to 12 months after the chemical,’’. listed chemicals. date of enactment of this Act, except that, (c) SENTENCING GUIDELINES.— Sec. 303. Enhanced penalty for dangerous on application of a manufacturer of a par- (1) IN GENERAL.—The United States Sen- handling of controlled sub- ticular pseudoephedrine or phenylpropanola- tencing Commission shall, in accordance stances: amendment of sentenc- mine drug product, the Attorney General with the procedures set forth in section 21(a) ing guidelines. may, in her sole discretion, extend such ef- of the Sentencing Act of 1987, as though the TITLE IV—LEGAL MANUFACTURE, DIS- fective date up to an additional six months. authority of that section had not expired, TRIBUTION, AND SALE OF PRECURSOR Notwithstanding any other provision of law, amend the sentencing guidelines to increase CHEMICALS the decision of the Attorney General on such by at least two levels the offense level for of- an application shall not be subject to judi- fenses involving list I chemicals under— Sec. 401. Diversion of certain precursor cial review.’’ (A) section 401(d) (1) and (2) of the Con- chemicals. Sec. 402. Mail order restrictions. On page 35, line 5, after ‘‘funds’’ insert ‘‘or trolled Substances Act (21 U.S.C 841(d) (1) appropriations’’. and (2)); and TITLE V—EDUCATION AND RESEARCH (B) section 1010(d) (1) and (3) of the Con- Sec. 501. Interagency methamphetamine KENNEDY (AND SIMON) trolled Substance Import and Export Act (21 task force. AMENDMENT NO. 5310 U.S.C. 960(d) (1) and (3)). Sec. 502. Public health monitoring. (2) REQUIREMENT.—In carrying out this Sec. 503. Public-private education program. (Ordered to lie on the table.) subsection, the Commission shall ensure Sec. 504. Suspicious orders task force. Mr. KENNEDY (for himself and Mr. that the offense levels for offenses referred SEC. 2. FINDINGS. SIMON) proposed an amendment to the to in paragraph (1) are calculated proportion- The Congress finds the following: bill, H.R. 3756, supra; as follows: ally on the basis of the quantity of con- (1) Methamphetamine is a very dangerous Strike sections 301 and 302 and insert the trolled substance that reasonably could have and harmful drug. It is highly addictive and following: been manufactured in a clandestine setting is associated with permanent brain damage using the quantity of the list I chemical pos- SEC. 301. PENALTY INCREASES FOR TRAFFICK- in long-term users. ING IN METHAMPHETAMINE. sessed, distributed, imported, or exported. (2) The abuse of methamphetamine has in- (a) DIRECTIVE TO THE UNITED STATES SEN- On page 2, strike out the items relating to creased dramatically since 1990. This in- TENCING COMMISSION.—Pursuant to its au- sections 301 and 302 and insert the following: creased use has led to devastating effects on thority under section 994 of title 28, United Sec. 301. Penalty increases for trafficking in individuals and the community, including— States Code, the United States Sentencing methamphetamine. (A) a dramatic increase in deaths associ- Commission shall review and amend its Sec. 302. Enhanced penalties for offenses in- ated with methamphetamine ingestion; guidelines and its policy statements to pro- volving certain listed chemi- (B) an increase in the number of violent vide for increased penalties for unlawful cals. crimes associated with methamphetamine manufacturing, importing, exporting, and ingestion; and (C) an increase in criminal activity associ- trafficking of methamphetamine, and other BIDEN AMENDMENT NO. 5311 similar offenses, including unlawful posses- ated with the illegal importation of meth- sion with intent to commit any of those of- (Ordered to lie on the table.) amphetamine and precursor compounds to fenses, and attempt and conspiracy to com- Mr. BIDEN submitted an amendment support the growing appetite for this drug in mit any of those offenses. The Commission intended to be proposed by him to the the United States. shall submit to Congress explanations there- bill, H.R. 3756, supra; as follows: (3) Illegal methamphetamine manufacture for and any additional policy recommenda- and abuse presents an imminent public Add at the appropriate place: tions for combating methamphetamine of- health threat that warrants aggressive law fenses. SECTION 1. SHORT TITLE AND TABLE OF CON- enforcement action, increased research on TENTS. (b) IN GENERAL.—In carrying out this sec- methamphetamine and other substance tion, the Commission shall ensure that the (a) SHORT TITLE.—This Act may be cited as abuse, increased coordinated efforts to pre- sentencing guidelines and policy statements the ‘‘Comprehensive Methamphetamine Con- vent methamphetamine abuse, and increased for offenders convicted of offenses described trol Act of 1996’’. monitoring of the public health threat meth- in subsection (a) and any recommendations (b) TABLE OF CONTENTS.—The table of con- amphetamine presents to the communities submitted under such subsection reflect the tents for this Act is as follows: of the United States. heinous nature of such offenses, the need for Sec. 1. Short title and table of contents. TITLE I—IMPORTATION OF METH- aggressive law enforcement action to fight Sec. 2. Findings. AMPHETAMINE AND PRECURSOR such offenses, and the extreme dangers asso- TITLE I—IMPORTATION OF METH- CHEMICALS ciated with unlawful activity involving AMPHETAMINE AND PRECURSOR SEC. 101. SUPPORT FOR INTERNATIONAL EF- methamphetamine, including— CHEMICALS FORTS TO CONTROL DRUGS. (1) the rapidly growing incidence of meth- Sec. 101. Support for international efforts to The Attorney General, in consultation amphetamine abuse and the threat to public control drugs. with the Secretary of State, shall coordinate safety such abuse poses; Sec. 102. Penalties for manufacture of listed international drug enforcement efforts to de- (2) the high risk of methamphetamine ad- chemicals outside the United crease the movement of methamphetamine diction; States with intent to import and methamphetamine precursors into the (3) the increased risk of violence associated them into the United States. United States. with methamphetamine trafficking and SEC. 102. PENALTIES FOR MANUFACTURE OF abuse; and TITLE II—PROVISIONS TO CONTROL THE MANUFACTURE OF METHAMPHETAMINE LISTED CHEMICALS OUTSIDE THE (4) the recent increase in the illegal impor- UNITED STATES WITH INTENT TO tation of methamphetamine and precursor Sec. 201. Seizure and forfeiture of regulated IMPORT THEM INTO THE UNITED chemicals. chemicals. STATES. SEC. 302. ENHANCED PENALTIES FOR OFFENSES Sec. 202. Study and report on measures to (a) UNLAWFUL IMPORTATION.—Section INVOLVING CERTAIN LISTED CHEMI- prevent sales of agents used in 1009(a) of the Controlled Substances Import CALS. methamphetamine production. and Export Act (21 U.S.C. 959(a)) is amend- (a) CONTROLLED SUBSTANCES ACT.—Section Sec. 203. Increased penalties for manufac- ed— 401(d) of the Controlled Substances Act (21 ture and possession of equip- (1) in the matter before paragraph (1), by U.S.C. 841(d)) is amended by striking ‘‘not ment used to make controlled inserting ‘‘or listed chemical’’ after ‘‘sched- more than 10 years,’’ and inserting ‘‘not substances. ule I or II’’; and September 12, 1996 CONGRESSIONAL RECORD — SENATE S10503

(2) in paragraphs (1) and (2), by inserting (c) CONSIDERATIONS.—In developing rec- lation of this title or title III, with reckless ‘‘or chemical’’ after ‘‘substance’’. ommendations under subsection (b), the At- disregard for the illegal uses to which such a (b) UNLAWFUL MANUFACTURE OR DISTRIBU- torney General shall consider— laboratory supply will be put. TION.—Paragraphs (1) and (2) of section (1) the use of red phosphorous, iodine, hy- As used in paragraph (11), the term ‘labora- 1009(b) of the Controlled Substances Import drochloric gas, and other agents in the ille- tory supply’ means a listed chemical or any and Export Act (21 U.S.C. 959(b)) are amend- gal manufacture of methamphetamine; chemical, substance, or item, on a special ed by inserting ‘‘or listed chemical’’ after (2) the use of red phosphorous, iodine, hy- surveillance list published by the Attorney ‘‘controlled substance’’. drochloric gas, and other agents for legiti- General, which contains chemicals, products, (c) PENALTIES.—Section 1010(d) of the Con- mate, legal purposes, and the impact any materials, or equipment used in the manu- trolled Substances Import and Export Act (21 regulations may have on these legitimate facture of controlled substances and listed U.S.C. 960(d)) is amended— purposes; and chemicals. For purposes of paragraph (11), (1) in paragraph (5), by striking ‘‘or’’ at the (3) comments and recommendations from there is a rebuttable presumption of reckless end; law enforcement, manufacturers of such disregard at trial if a firm distributes or con- (2) in paragraph (6), by striking the comma chemicals, and the consumers of such chemi- tinues to distribute a laboratory supply to a at the end and inserting ‘‘; or’’; and cals for legitimate, legal purposes. customer where the Attorney General has (3) by adding at the end the following: SEC. 203. INCREASED PENALTIES FOR MANUFAC- previously notified, at least two weeks be- ‘‘(7) manufactures, possesses with intent to TURE AND POSSESSION OF EQUIP- fore the transaction(s), the firm that a lab- distribute, or distributes a listed chemical in MENT USED TO MAKE CONTROLLED oratory supply sold by the firm, or any other violation of section 959 of this title.’’. SUBSTANCES. person or firm, has been used by that cus- TITLE II—PROVISIONS TO CONTROL THE (a) IN GENERAL.—Section 403(d) of the Con- tomer, or distributed further by that cus- MANUFACTURE OF METHAMPHETAMINE trolled Substances Act (21 U.S.C. 843(d)) is tomer, for the unlawful production of con- amended— trolled substances or listed chemicals.’’ SEC. 201. SEIZURE AND FORFEITURE OF REGU- (1) by striking ‘‘(d) Any person’’ and insert- LATED CHEMICALS. (b) CIVIL PENALTY.—Section 402(c)(2) of the ing ‘‘(d)(1) Except as provided in paragraph (a) PENALTIES FOR SIMPLE POSSESSION.— Controlled Substances Act (21 U.S.C. (2), any person’’; and 842(c)(2)) is amended by adding at the end the Section 404 of the Controlled Substances Act (2) by adding at the end the following: (21 U.S.C. 844) is amended— following: ‘‘(2) Any person who, with the intent to ‘‘(C) In addition to the penalties set forth (1) in subsection (a)— manufacture or facilitate to manufacture (A) by adding after the first sentence the elsewhere in this title or title III, any busi- methamphetamine, violates paragraph (6) or ness that violates paragraph (11) of sub- following: ‘‘It shall be unlawful for any per- (7) of subsection (a), shall be sentenced to a son knowingly or intentionally to possess section (a) shall, with respect to the first term of imprisonment of not more than 10 such violation, be subject to a civil penalty any list I chemical obtained pursuant to or years, a fine of not more than $30,000, or under authority of a registration issued to of not more than $250,000, but shall not be both; except that if any person commits such subject to criminal penalties under this sec- that person under section 303 of this title or a violation after one or more prior convic- section 1008 of title III if that registration tion, and shall, for any succeeding violation, tions of that person— be subject to a civil fine of not more than has been revoked or suspended, if that reg- ‘‘(A) for a violation of paragraph (6) or (7) istration has expired, or if the registrant has $250,000 or double the last previously imposed of subsection (a); penalty, whichever is greater.’’. ceased to do business in the manner con- ‘‘(B) for a felony under any other provision SEC. 206. INJUNCTIVE RELIEF. templated by his registration.’’; and of this subchapter or subchapter II of this (a) TEN-YEAR INJUNCTION MAJOR OF- (B) by striking ‘‘drug or narcotic’’ and in- chapter; or FENSES.—Section 401(f) of the Controlled serting ‘‘drug, narcotic, or chemical’’ each ‘‘(C) under any other law of the United Substances Act (21 U.S.C. 841(f)) is amended place it appears; and States or any State relating to controlled by— (2) in subsection (c), by striking ‘‘drug or substances or listed chemicals, narcotic’’ and inserting ‘‘drug, narcotic, or (1) inserting ‘‘manufacture, exportation,’’ chemical’’. has become final, such person shall be sen- after ‘‘distribution,’’; and (b) FORFEITURES.—Section 511(a) of the tenced to a term of imprisonment of not (2) striking ‘‘regulated’’. Controlled Substances Act (21 U.S.C. 881(a)) more than 20 years, a fine of not more than (b) TEN-YEAR INJUNCTION OTHER OF- is amended— $60,000, or both.’’. FENSES.—Section 403 of the Controlled Sub- (1) in paragraphs (2) and (6), by inserting (b) SENTENCING COMMISSION.—The United stances Act (21 U.S.C. 843) is amended— ‘‘or listed chemical’’ after ‘‘controlled sub- States Sentencing Commission shall amend (1) in subsection (e), by— stance’’ each place it appears; and the sentencing guidelines to ensure that the (A) inserting ‘‘manufacture, exportation,’’ (2) in paragraph (9), by— manufacture of methamphetamine in viola- after ‘‘distribution,’’; and (A) inserting ‘‘dispensed, acquired,’’ after tion of section 403(d)(2) of the Controlled (B) striking ‘‘regulated’’; and ‘‘distributed,’’ both places it appears; and Substances Act, as added by subsection (a), (2) by adding at the end the following: (B) striking ‘‘a felony provision of’’. is treated as a significant violation. ‘‘(f) INJUNCTIONS.—(1) In addition to any (c) SEIZURE.—Section 607 of the Tariff Act SEC. 204. ADDITION OF IODINE AND HYDRO- penalty provided in this section, the Attor- of 1930 (19 U.S.C. 1607) is amended— CHLORIC GAS TO LIST II. ney General is authorized to commence a (1) in subsection (a)(3), by inserting ‘‘or (a) IN GENERAL.—Section 102(35) of the Con- civil action for appropriate declaratory or listed chemical’’ after ‘‘controlled sub- trolled Substances Act (21 U.S.C. 802(35)) is injunctive relief relating to violations of this stance’’; and amended by adding at the end the following: section or section 402. (2) by amending subsection (b) to read as ‘‘(I) Iodine. ‘‘(2) Any action under this subsection may follows: ‘‘(J) Hydrochloric gas.’’. be brought in the district court of the United ‘‘(b) As used in this section, the terms (b) IMPORTATION REQUIREMENTS.—(1) Iodine States for the district in which the defend- ‘controlled substance’ and ‘listed chemical’ shall not be subject to the requirements for ant is located or resides or is doing business. have the meaning given such terms in sec- listed chemicals provided in section 1018 of ‘‘(3) Any order or judgment issued by the tion 102 of the Controlled Substances Act (21 the Controlled Substances Import and Ex- court pursuant to this subsection shall be U.S.C. 802).’’. port Act (21 U.S.C. 971). tailored to restrain violations of this section (2) EFFECT OF EXCEPTION.—The exception SEC. 202. STUDY AND REPORT ON MEASURES TO or section 402. PREVENT SALES OF AGENTS USED made by paragraph (1) shall not limit the au- ‘‘(4) The court shall proceed as soon as IN METHAMPHETAMINE PRODUC- thority of the Attorney General to impose practicable to the hearing and determination TION. the requirements for listed chemicals proof such an action. An action under this sub- (a) STUDY.—The Attorney General of the vided in section 1018 of the Controlled Sub- section is governed by the Federal Rules of United States shall conduct a study on pos- stances Import and Export Act (21 U.S.C. Civil Procedure except that, if an indictment sible measures to effectively prevent the di- 971). has been returned against the respondent, version of red phosphorous, iodine, hydro- SEC. 205. CIVIL PENALTIES FOR FIRMS THAT discovery is governed by the Federal Rules of chloric gas, and other agents for use in the SUPPLY PRECURSOR CHEMICALS. Criminal Procedure.’’. production of methamphetamine. Nothing in (a) OFFENSES.—Section 402(a) of the Con- SEC. 207. RESTITUTION FOR CLEANUP OF CLAN- this section shall preclude the Attorney Gen- trolled Substances Act (21 U.S.C. 842(a)) is DESTINE LABORATORY SITES. eral from taking any action the Attorney amended— Section 413 of the Controlled Substances General already is authorized to take with (1) in paragraph (9), by striking ‘‘or’’ after Act (21 U.S.C. 853) is amended by adding at regard to the regulation of listed chemicals the semicolon; the end the following: under current law. (2) in paragraph (10), by striking the period ‘‘(q) The court, when sentencing a defend- (b) REPORT.—Not later than January 1, and inserting ‘‘; or’’; and ant convicted of an offense under this title 1998, the Attorney General shall submit a re- (3) by adding at the end the following: or title III involving the manufacture of port to the Congress of its findings pursuant ‘‘(11) to distribute a laboratory supply to a methamphetamine, may— to the study conducted under subsection (a) person who uses, or attempts to use, that ‘‘(1) order restitution as provided in sec- on the need for and advisability of preven- laboratory supply to manufacture a con- tions 3612 and 3664 of title 18, United States tive measures. trolled substance or a listed chemical, in vio- Code; S10504 CONGRESSIONAL RECORD — SENATE September 12, 1996 ‘‘(2) order the defendant to reimburse the SEC. 302. PENALTY INCREASES FOR TRAFFICK- portation with respect to the transportation United States for the costs incurred by the ING IN LISTED CHEMICALS. of hazardous material). United States for the cleanup associated (a) CONTROLLED SUBSTANCES ACT.—Section TITLE IV—LEGAL MANUFACTURE, DIS- with the manufacture of methamphetamine 401(d) of the Controlled Substances Act (21 TRIBUTION, AND SALE OF PRECURSOR by the defendant; and U.S.C. 841(d)) is amended by striking the pe- CHEMICALS riod and inserting the following: ‘‘or, with ‘‘(3) order restitution to any person injured SEC. 401. DIVERSION OF CERTAIN PRECURSOR as a result of the offense as provided in sec- respect to a violation of paragraph (1) or (2) CHEMICALS. tion 3663 of title 18, United States Code.’’. of this subsection involving a list I chemical, (a) IN GENERAL.—Section 102(39) of the Con- if the government proves the quantity of SEC. 208. RECORD RETENTION. trolled Substances Act (21 U.S.C. 802(39)) is controlled substance that could reasonably amended— Section 310(a)(1) of the Controlled Sub- have been manufactured in a clandestine set- (1) in subparagraph (A)(iv)(I)(aa), by strik- stances Act (21 U.S.C. 830(a)(1)) is amended ting using the quantity of list I chemicals ing ‘‘as’’ through the semicolon and insert- by striking the dash after ‘‘transaction’’ and possessed or distributed, the penalty cor- ing subparagraphs (A) and (B) and inserting ‘‘for responding to the quantity of controlled sub- ‘‘, pseudoephedrine or its salts, optical iso- two years after the date of the transaction.’’. stance that could have been produced under mers, or salts of optical isomers, or phenyl- SEC. 209. TECHNICAL AMENDMENTS. subsection (b).’’. propanolamine or its salts, optical isomers, (b) CONTROLLED SUBSTANCE IMPORT AND EX- Section 102 of the Controlled Substances or salts of optical isomers unless otherwise PORT ACT.—Section 1010(d) of the Controlled Act (21 U.S.C. 802) is amended— provided by regulation of the Attorney Gen- Substance Import and Export Act (21 U.S.C. (1) in paragraph (34), by amending subpara- eral issued pursuant to section 204(e) of this 960(d)) is amended by striking the period and graphs (P), (S), and (U) to read as follows: title;’’; and inserting the following: ‘‘, or, with respect to ‘‘(P) Iso safrole. (2) in subparagraph (A)(iv)(II), by inserting an importation violation of paragraph (1) or ‘‘(S) N-Methylephedrine. ‘‘, pseudoephedrine, phenylpropanolamine,’’ (3) of this subsection involving a list I chem- ‘‘(U) Hydriodic acid.’’; and after ‘‘ephedrine’’. ical, if the government proves the quantity (2) in paragraph (35), by amending subpara- (b) LEGITIMATE RETAILERS.—Section 102 of of controlled substance that could reason- graph (G) to read as follows: the Controlled Substances Act (21 U.S.C. 802) ably have been manufactured in a clandes- ‘‘(G) 2-Butanone (or Methyl Ethyl Ke- is amended— tine setting using the quantity of list I tone).’’. (1) in paragraph (39)(A)(iv)(I)(aa), by adding chemicals imported, the penalty correspond- before the semicolon the following: ‘‘, except TITLE III—INCREASED PENALTIES FOR ing to the quantity of controlled substance that any sale of ordinary over-the-counter TRAFFICKING AND MANUFACTURE OF that could have been produced under title pseudoephedrine or phenylpropanolamine METHAMPHETAMINE AND PRECURSORS II.’’. products by retail distributors shall not be a SEC. 301. TRAFFICKING IN METHAMPHETAMINE (c) DETERMINATION OF QUANTITY.— regulated transaction (except as provided in PENALTY INCREASES. (1) IN GENERAL.—For the purposes of this section 401(d) of the Comprehensive Meth- section and the amendments made by this amphetamine Control Act of 1996)’’; (a) CONTROLLED SUBSTANCES ACT.— section, the quantity of controlled substance (2) in paragraph (39)(A)(iv)(II), by adding (1) LARGE AMOUNTS.—Section that could reasonably have been provided 401(b)(1)(A)(viii) of the Controlled Substances before the semicolon the following: ‘‘, except shall be determined by using a table of man- that any sale of products containing Act (21 U.S.C. 841(b)(1)(A)(viii)) is amended ufacturing conversion ratios for list I chemi- pseudoephedrine or phenylpropanolamine, by— cals. other than ordinary over-the-counter (A) striking ‘‘100 grams or more of meth- (2) TABLE.—The table shall be— pseudoephedrine or phenylpropanolamine amphetamine,’’ and inserting ‘‘50 grams or (A) established by the United States Sen- products, by retail distributors shall not be a more of methamphetamine,’’; and tencing Commission based on scientific, law regulated transaction if the distributor’s (B) striking ‘‘1 kilogram or more of a mix- enforcement, and other data the Sentencing sales are limited to less than the threshold ture or substance containing a detectable Commission deems appropriate; and quantity of 24 grams of pseudoephedrine or amount of methamphetamine’’ and inserting (B) dispositive of this issue. 24 grams of phenylpropanolamine in each ‘‘500 grams or more of a mixture or sub- single transaction’’; stance containing a detectable amount of SEC. 303. ENHANCED PENALTY FOR DANGEROUS HANDLING OF CONTROLLED SUB- (3) by redesignating paragraph (43) relating methamphetamine’’. STANCES: AMENDMENT OF SEN- to felony drug abuse as paragraph (44); and (2) SMALLER AMOUNTS.—Section TENCING GUIDELINES. (4) by adding at the end the following: 401(b)(1)(B)(viii) of the Controlled Substances (a) IN GENERAL.—Pursuant to its authority ‘‘(45) The term ‘ordinary over-the-counter Act (21 U.S.C. 841(b)(1)(B)(viii)) is amended under section 994 of title 28, United States pseudoephedrine or phenylpropanolamine by— Code, the United States Sentencing Commis- product’ means any product containing (A) striking ‘‘10 grams or more of meth- sion shall determine whether the Sentencing pseudoephedrine or phenylpropanolamine amphetamine,’’ and inserting ‘‘5 grams or Guidelines adequately punish the offenses that is— more of methamphetamine,’’; and described in subsection (b) and, if not, pro- ‘‘(A) regulated pursuant to this title; and (B) striking ‘‘100 grams or more of a mix- mulgate guidelines or amend existing guide- ‘‘(B)(i) except for liquids, sold in package ture or substance containing a detectable lines to provide an appropriate enhancement sizes of not more than 3.0 grams of amount of methamphetamine’’ and inserting of the punishment for a defendant convicted pseudoephedrine base or 3.0 grams of phenyl- ‘‘50 grams or more of a mixture or substance of such an offense. propanolamine base, and that is packaged in containing a detectable amount of meth- (b) OFFENSE.—The offense referred to in blister packs, each blister containing not amphetamine’’. subsection (a) is a violation of section 401(d), more than two dosage units, or where the use (b) IMPORT AND EXPORT ACT.— 401(g)(1), 403(a)(6), or 403(a)(7) of The Con- of blister packs is technically infeasible, (1) LARGE AMOUNTS.—Section 1010(b)(1)(H) trolled Substances Act (21 U.S.C. 841(d), that is packaged in unit dose packets or of the Controlled Substances Import and Ex- 841(g)(1), 843(a)(6), and 843(a)(7)), in cases in pouches; and port Act (21 U.S.C. 960(b)(1)(H)) is amended which in the commission of the offense the ‘‘(ii) for liquids, sold in package sizes of by— defendant violated— not more than 3.0 grams of pseudoephedrine (A) striking ‘‘100 grams or more of meth- (1) subsection (d) or (e) of section 3008 of base or 3.0 grams of phenylpropanolamine amphetamine,’’ and inserting ‘‘50 grams or the Solid Waste Disposal Act (relating to base. more of methamphetamine,’’; and handling hazardous waste in a manner incon- ‘‘(46)(A) The term ‘retail distributor’ (B) striking ‘‘1 kilogram or more of a mix- sistent with Federal or applicable State means— ture or substance containing a detectable law); ‘‘(i) with respect to an entity that is a gro- amount of methamphetamine’’ and inserting (2) section 103(b) of the Comprehensive En- cery store, general merchandise store, or ‘‘500 grams or more of a mixture or sub- vironmental Response, Compensation and Li- drug store, a distributor whose activities re- stance containing a detectable amount of ability Act (relating to failure to notify as to lating to pseudoephedrine or phenyl- methamphetamine’’. the release of a reportable quantity of a haz- propanolamine products are limited almost (2) SMALLER AMOUNTS.—Section ardous substance into the environment); exclusively to sales, both in number of sales 1010(b)(2)(H) of the Controlled Substances (3) section 301(a), 307(d), 309(c)(2), 309(c)(3), and volume of sales, directly to walk-in cus- Import and Export Act (21 U.S.C. 960(b)(2)(H)) 311(b)(3), or 311(b)(5) of the Federal Water tomers; and is amended by— Pollution Control Act (relating to the unlaw- ‘‘(ii) with respect to any other entity, a (A) striking ‘‘10 grams or more of meth- ful discharge of pollutants or hazardous sub- distributor whose activities relating to ordi- amphetamine,’’ and inserting ‘‘5 grams or stances, the operation of a source in viola- nary over-the-counter pseudoephedrine or more of methamphetamine,’’; and tion of a pretreatment standard, and the fail- phenylpropanolamine products are limited (B) striking ‘‘100 grams or more of a mix- ure to notify as to the release of a reportable primarily to sales directly to walk-in cus- ture or substance containing a detectable quantity of a hazardous substance into the tomers for personal use. amount of methamphetamine’’ and inserting water); or ‘‘(B) For purposes of this paragraph, sale ‘‘50 grams or more of a mixture or substance (4) section 5124 of title 49, United States for personal use means the sale of below- containing a detectable amount of meth- Code (relating to violations of laws and regu- threshold quantities in a single transaction amphetamine’’. lations enforced by the Department of Trans- to an individual for legitimate medical use. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10505 ‘‘(C) For purposes of this paragraph, enti- the single-transaction threshold quantity for ‘‘(B) The data required for such reports ties are defined by reference to the Standard phenylpropanolamine-containing compounds shall include— Industrial Classification (SIC) code, as fol- may not be lowered beyond that established ‘‘(i) the name of the purchaser; lows: in this paragraph. ‘‘(ii) the quantity and form of the ephed- ‘‘(i) A grocery store is an entity within SIC (ii) CONDITIONS.—In order to establish a rine, pseudoephedrine, or phenylpropanola- code 5411. single-transaction limit of 24 grams of phen- mine purchased; and ‘‘(ii) A general merchandise store is an en- ylpropanolamine base, the Attorney General ‘‘(iii) the address to which such ephedrine, tity within SIC codes 5300 through 5399 and shall establish, following notice, comment, pseudoephedrine, or phenylpropanolamine 5499. and an informal hearing, that since the effec- was sent.’’. ‘‘(iii) A drug store is an entity within SIC tive date of this section there are a signifi- TITLE V—EDUCATION AND RESEARCH code 5912.’’. cant number of instances where ordinary SEC. 501. INTERAGENCY METHAMPHETAMINE (c) REINSTATEMENT OF LEGAL DRUG EXEMP- over-the-counter phenylpropanolamine prod- TASK FORCE. TION.—Section 204 of the Controlled Sub- ucts as established in paragraph (45) of sec- (a) ESTABLISHMENT.—There is established a stances Act (21 U.S.C. 814) is amended by tion 102 of the Controlled Substances Act (21 ‘‘Methamphetamine Interagency Task adding at the end the following new sub- U.S.C. 802(45)), as added by this Act, sold by Force’’ (referred to as the ‘‘interagency task section: retail distributors as established in para- force’’) which shall consist of the following ‘‘(e) REINSTATEMENT OF EXEMPTION WITH graph (46) in section 102 of the Controlled members: RESPECT TO EPHEDRINE, PSEUDOEPHEDRINE, Substances Act (21 U.S.C. 802(46)), are being (1) The Attorney General, or a designee, AND PHENYLPROPANOLAMINE DRUG PROD- used as a significant source of precursor who shall serve as chair. UCTS.—The Attorney General shall by regu- chemicals for illegal manufacture of a con- (2) 2 representatives selected by the Attor- lation reinstate the exemption with respect trolled substance in bulk. to a particular ephedrine, pseudoephedrine, ney General. (B) VIOLATION.—Any individual or business or phenylpropanolamine drug product if the (3) The Secretary of Education or a des- that violates the thresholds established in Attorney General determines that the drug ignee. this paragraph shall, with respect to the first product is manufactured and distributed in a (4) The Secretary of Health and Human such violation, receive a warning letter from manner that prevents diversion. In making Services or a designee. the Attorney General and, if a business, the this determination the Attorney General (5) 2 representatives of State and local law shall consider the factors listed in subsection business shall be required to conduct manda- enforcement and regulatory agencies, to be (d)(2). Any regulation issued pursuant to this tory education of the sales employees of the selected by the Attorney General. subsection may be amended or revoked based firm with regard to the legal sales of (6) 2 representatives selected by the Sec- on the factors listed in subsection (d)(4).’’. pseudoephedrine. For a second violation oc- retary of Health and Human Services. (d) REGULATION OF RETAIL SALES.— curring within 2 years of the first violation, (7) 5 nongovernmental experts in drug (1) PSEUDOEPHEDRINE.— the business or individual shall be subject to abuse prevention and treatment to be se- (A) LIMIT.— a civil penalty of not more than $5,000. For lected by the Attorney General. (i) IN GENERAL.—Not sooner than the effec- any subsequent violation occurring within 2 (b) RESPONSIBILITIES.—The interagency tive date of this section and subject to the years of the previous violation, the business task force shall be responsible for designing, requirements of clause (ii), the Attorney or individual shall be subject to a civil pen- implementing, and evaluating the education General may establish by regulation a sin- alty not to exceed the amount of the pre- and prevention and treatment practices and gle-transaction limit of 24 grams of vious civil penalty plus $5,000. strategies of the Federal Government with pseudoephedrine base for retail distributors. (3) DEFINITION OF BUSINESS.—For purposes respect to methamphetamine and other syn- Notwithstanding any other provision of law, of this subsection, the term ‘‘business’’ thetic stimulants. the single-transaction threshold quantity for means the entity that makes the direct sale (c) MEETINGS.—The interagency task force pseudoephedrine-containing compounds may and does not include the parent company of shall meet at least once every 6 months. (d) FUNDING.—The administrative expenses not be lowered beyond that established in a business not involved in a direct sale regu- of the interagency task force shall be paid this paragraph. lated by this subsection. out of existing Department of Justice appro- (ii) CONDITIONS.—In order to establish a (4) JUDICIAL REVIEW.—Any regulation propriations. single-transaction limit of 24 grams of mulgated by the Attorney General under this section shall be subject to judicial re- (e) FACA.—The Federal Advisory Commit- pseudoephedrine base, the Attorney General tee Act (5 U.S.C. App. 2) shall apply to the shall establish, following notice, comment, view pursuant to section 507 of the Con- trolled Substances Act (21 U.S.C. 877). interagency task force. and an informal hearing that since the effec- (f) TERMINATION.—The interagency task (e) EFFECT ON THRESHOLDS.—Nothing in tive date of this section there are a signifi- force shall terminate 4 years after the date the amendments made by subsection (b) or cant number of instances where ordinary of enactment of this Act. over-the-counter pseudoephedrine products the provisions of subsection (d) shall affect the authority of the Attorney General to SEC. 502. PUBLIC HEALTH MONITORING. as established in paragraph (45) of section 102 The Secretary of Health and Human Serv- of the Controlled Substances Act (21 U.S.C. modify thresholds (including cumulative thresholds) for retail distributors for prod- ices shall develop a public health monitoring 802 (45)), as added by this Act, sold by retail program to monitor methamphetamine ucts other than ordinary over-the-counter distributors as established in paragraph (46) abuse in the United States. The program pseudoephedrine or phenylpropanolamine in section 102 of the Controlled Substances shall include the collection and dissemina- products (as defined in section 102(45) of the Act (21 U.S.C. 802(46)), are being used as a tion of data related to methamphetamine Controlled Substances Act, as added by this significant source of precursor chemicals for abuse which can be used by public health of- section) or for non-retail distributors, im- illegal manufacture of a controlled sub- ficials in policy development. porters, or exporters. stance in bulk. SEC. 503. PUBLIC-PRIVATE EDUCATION PRO- (f) EFFECTIVE DATE OF THIS SECTION.—Not- (B) VIOLATION.—Any individual or business GRAM. withstanding any other provision of this Act, that violates the thresholds established in (a) ADVISORY PANEL.—The Attorney Gen- this section shall not apply to the sale of any this paragraph shall, with respect to the first eral shall establish an advisory panel con- over-the-counter pseudoephedrine or phenyl- such violation, receive a warning letter from sisting of an appropriate number of rep- propanolamine product initially introduced the Attorney General and, if a business, the resentatives from Federal, State, and local into interstate commerce prior to 9 months business shall be required to conduct manda- law enforcement and regulatory agencies after the date of enactment of this Act. tory education of the sales employees of the with experience in investigating and pros- firm with regard to the legal sales of SEC. 402. MAIL ORDER RESTRICTIONS. ecuting illegal transactions of precursor pseudoephedrine. For a second violation oc- Section 310(b) of the Controlled Substances chemicals. The Attorney General shall concurring within 2 years of the first violation, Act (21 U.S.C. 830(b)) is amended by adding at vene the panel as often as necessary to de- the business or individual shall be subject to the end the following: velop and coordinate educational programs a civil penalty of not more than $5,000. For ‘‘(3) MAIL ORDER REPORTING.—(A) Each reg- for wholesale and retail distributors of pre- any subsequent violation occurring within 2 ulated person who engages in a transaction cursor chemicals and supplies. years of the previous violation, the business with a nonregulated person which— (b) CONTINUATION OF CURRENT EFFORTS.— or individual shall be subject to a civil pen- ‘‘(i) involves ephedrine, pseudoephedrine, The Attorney General shall continue to— alty not to exceed the amount of the pre- or phenylpropanolamine (including drug (1) maintain an active program of seminars vious civil penalty plus $5,000. products containing these chemicals); and and training to educate wholesale and retail (2) PHENYLPROPANOLAMINE.— ‘‘(ii) uses or attempts to use the Postal distributors of precursor chemicals and sup- (A) LIMIT.— Service or any private or commercial car- plies regarding the identification of sus- (i) IN GENERAL.—Not sooner than the effec- rier; picious transactions and their responsibility tive date of this section and subject to the shall, on a monthly basis, submit a report of to report such transactions; and requirements of clause (ii), the Attorney each such transaction conducted during the (2) provide assistance to State and local General may establish by regulation a sin- previous month to the Attorney General in law enforcement and regulatory agencies to gle-transaction limit of 24 grams of phenyl- such form, containing such data, and at such facilitate the establishment and mainte- propanolamine base for retail distributors. times as the Attorney General shall estab- nance of educational programs for distribu- Notwithstanding any other provision of law, lish by regulation. tors of precursor chemicals and supplies. S10506 CONGRESSIONAL RECORD — SENATE September 12, 1996 SEC. 504. SUSPICIOUS ORDERS TASK FORCE. (1) in subsection (d)— United States Code (including rape) against (a) IN GENERAL.—The Attorney General (A) by striking ‘‘or’’ at the end of para- an individual, violates subsection (a) by dis- shall establish a ‘‘Suspicious Orders Task graph (7); tributing a controlled substance to that indi- Force’’ (the ‘‘Task Force’’) which shall con- (B) by striking the period at the end of vidual without that individual’s knowledge, sist of— paragraph (8) and inserting ‘‘; or’’; and shall be imprisoned not more than 20 years (1) appropriate personnel from the Drug (C) by inserting after paragraph (8) the and fined as provided under title 18, United Enforcement Administration (the ‘‘DEA’’) following new paragraph: States Code. and other Federal, State, and local law en- ‘‘(9) has been convicted in any court of ‘‘(B) As used in this paragraph, the term forcement and regulatory agencies with the any crime involving domestic violence, if the ‘without that individual’s knowledge’ means experience in investigating and prosecuting individual has been represented by counsel that the individual is unaware that a sub- illegal transactions of listed chemicals and or knowingly and intelligently waived the stance with the ability to alter that individ- supplies; and right to counsel.’’; ual’s ability to appraise conduct or to de- (2) representatives from the chemical and (2) in subsection (g)— cline participation in or communicate un- pharmaceutical industry. (A) by striking ‘‘or’’ at the end of para- willingness to participate in conduct is ad- (b) RESPONSIBILITIES.—The Task Force graph (7); ministered to the individual.’’. shall be responsible for developing proposals (B) in paragraph (8), by striking the ‘‘(b) ADDITIONAL PENALTIES RELATING TO to define suspicious orders of listed chemi- comma and inserting ‘‘; or’’; and FLUNITRAZEPAM. cals, and particularly to develop quantifiable (C) by inserting after paragraph (8) the (1) GENERAL PENALTIES.—Section 401 of the parameters which can be used by registrants following new paragraph: Controlled Substances Act (21 U.S.C. 841) is in determining if an order is a suspicious ‘‘(9) has been convicted in any court of amended— order which must be reported to DEA. The any crime involving domestic violence, if the (A) in subsection (b)(1)(C), by inserting ‘‘or quantifiable parameters to be addressed will individual has been represented by counsel 1 gram of flunitrazepam’’ after ‘‘I or II’’; and include frequency of orders, deviations from or knowingly and intelligently waived the (B) in subsection (b)(1)D), by inserting ‘‘or prior orders, and size of orders. The Task right to counsel,’’; and 30 milligrams of flunitrazepam,’’ after Force shall also recommend provisions as to (3) in subsection (s)(3)(B)(i), by inserting ‘‘schedule III,’’. what types of payment practices or unusual (2) IMPORT AND EXPORT PENALTIES.— before the semicolon the following: ‘‘and has (A) Section 1009(a) of the Controlled Sub- business practices shall constitute prima not been convicted in any court of any crime facie suspicious orders. In evaluating the stances Import and Export Act (21 U.S.C. involving domestic violence, if the individual 959(a)) is amended by inserting ‘‘or proposals, the Task Force shall consider ef- has been represented by counsel or know- fectiveness, cost and feasibility for industry flunitrazepam’’ after ‘‘I or II’’. ingly and intelligently waived the right to (B) Section 1010(b)(3) of the Controlled and government, an other relevant factors. counsel’’. (c) MEETINGS.—The Task Force shall meet Substances Import and Export Act (21 U.S.C. (c) RULES AND REGULATIONS.—Section 960(b)) is amended by inserting ‘‘or at least two times per year and at such other 926(a) of title 18, United States Code, is times as may be determined necessary by the flunitrazepam’’ after ‘‘I or II,’’. amended— (C) Section 1010(b)(4) of the Controlled Sub- Task Force. (1) by striking ‘‘and’’ at the end of para- (d) REPORT.—The Task Force shall present stances Import and Export Act is amended graph (2); a report to the Attorney General on its pro- by inserting ‘‘(except a violation involving (2) by striking the period at the end of posals with regard to suspicious orders and flunitrazepam)’’ after ‘‘III, IV, or V,’’. paragraph (3) and inserting ‘‘; and’’; and the electronic reporting of suspicious orders (3) SENTENCING GUIDELINES.—The United (3) by inserting after paragraph (3) the within one year of the date of enactment of States Sentencing Commission shall amend following new paragraph: this Act. Copies of the report shall be for- the Sentencing Guidelines so that one dosage ‘‘(4) regulations providing for the effec- warded to the Committees of the Senate and unit of flunitrazepam shall be equivalent to tive receipt and secure storage of firearms House of Representatives having jurisdiction one gram of marijuana for determining the relinquished by or seized from persons de- over the regulation of listed chemical and offense level under the Drug Quantity Table. scribed in subsection (d)(9) or (g)(9) of sec- controlled substances. (d) INCREASED PENALTIES FOR UNLAWFUL tion 922.’’. (e) FUNDING.—The administrative expenses SIMPLE POSSESSION OF FLUNITRAZEPAM.—Sec- of the Task Force shall be paid out of exist- tion 404(a) of the Controlled Substances Act ing Department of Justice funds. SHELBY AMENDMENT NO. 5313 (21 U.S.C. 844(a)) is amended by inserting (f) FACA.—The Federal Advisory Commit- Mr. SHELBY proposed an amend- after the sentence ending with ‘‘exceeds 1 gram.’’ the following new sentence: ‘‘Not- tee Act (5 U.S.C. App. 2) shall apply to the ment to the bill, H.R. 3756, supra; as Task Force. withstanding any penalty provided in this (g) TERMINATION.—The Task Force shall follows: subsection, any person convicted under this terminate upon presentation of its report to On page 19, line 2, before the period add the subsection for the possession of the Attorney General, or two years after the following new provision: ‘‘:Provided further, flunitrazepam shall be imprisoned for not date of enactment of this Act, whichever is That of the funds appropriated $2,500,000 may more than 3 years and shall be fined as oth- sooner. be made available for the review of trade is- erwise provided in this section.’’ sues as authorized by Public Law 103–182’’. LAUTENBERG AMENDMENT NO. ASHCROFT AMENDMENT NO. 5316 KERREY AMENDMENT NO. 5314 5312 Mr. ASHCROFT proposed an amend- (Ordered to lie on the table.) Mr. SHELBY (for Mr. KERREY) pro- ment to amendment No. 5234 proposed Mr. LAUTENBERG submitted an posed an amendment to the bill, H.R. by Mr. DASCHLE to the bill, H.R. 3756, amendment intended to be proposed by 3756, supra; as follows: supra; as follows: him to the bill, H.R. 3756, supra; as fol- Insert at the appropriate place: ‘‘Provided At the end of the matter proposed to be in- lows: further, That from funds made available for serted, add the following: At the appropriate place, insert the follow- Basic Repairs and Alterations, $2,000,000 may SEC. . WORKFORCE FLEXIBILITY FOR EM- ing: be transferred to the Policy and Operations PLOYEES OF FEDERAL CONTRACTORS.—Sub- appropriation’’. SEC. . GUN BAN FOR INDIVIDUALS COMMITTING chapter II of chapter 61 of title 5, United DOMESTIC VIOLENCE. States Code, shall apply to contractors and (a) DEFINITIONS.—Section 921(a) of title HATCH (AND OTHERS) employees specified in section 03(a)(1) and 18, United States Code, is amended by adding AMENDMENT NO. 5315 to contractors with an entity of the execu- at the end the following new paragraph: Mr. HATCH (for himself, Mr. tive branch of the Federal Government, and ‘‘(33) The term ‘crime involving domestic employees of such contractors, in the same violence’ means a felony or misdemeanor COVERDELL, Mrs. HUTCHISON, and Mr. manner, and to the same extent, as such sub- crime of violence, regardless of length, term, WARNER) proposed an amendment to chapter applies to agencies and employees, or manner of punishment, committed by a amendment No. 5295 proposed by Mr. respectively, as defined in section 6121 of current or former spouse, parent, or guard- BIDEN to the bill, H.R. 3756, supra; as title 5, United States Code. ian of the victim, by a person with whom the follows: f victim shares a child in common, by a person Strike all after the first word and insert who is cohabiting with or has cohabited with the following: NOTICE OF HEARING the victim as a spouse, parent, or guardian, PROVISIONS RELATING TO USE OF A CON- COMMITTEE ON ENERGY AND NATURAL or by a person similarly situated to a spouse, TROLLED SUBSTANCE WITH INTENT RESOURCES parent, or guardian of the victim under the TO COMMIT A CRIME OF VIOLENCE. Mr. CRAIG. Mr. President, I would domestic or family violence laws of the juris- (a) PENALTIES FOR DISTRIBUTION.—Section like to announce for the public that a diction in which such felony or misdemeanor 401(b) of the Controlled Substances Act is was committed.’’. amended by adding at the end the following: hearing has been scheduled before the (b) UNLAWFUL ACTS.—Section 922 of title ‘‘(7)(A) Whoever, with intent to commit a Subcommittee on Forest and Public 18, United States Code, is amended— crime of violence as defined in section 16, Land Management. September 12, 1996 CONGRESSIONAL RECORD — SENATE S10507 The hearing will take place Wednes- ized to meet at 2 p.m. on Thursday, Catholics. He is the son of Italian im- day, September 25, 1996, at 2:30 p.m. in September 12, 1996, in open session, to migrants and grew up in my home room SD–366 of the Dirksen Senate Of- receive testimony regarding the prac- State of South Carolina. I am proud to fice Building in Washington, DC. tices and procedures of the investiga- claim him as a product of the Palmetto The purpose of this hearing is to re- tive services of the Department of De- State. He has had a tremendous impact ceive testimony on S. 987, a bill to pro- fense and the military departments on my life and the lives of thousands of vide for the full settlement of all concerning investigations into the others. claims of Swain County, NC, against deaths of military personnel which Cardinal Bernardin was made a bish- the United States under the agreement may have resulted from self-inflicted op in 1966, at 38, the youngest U.S. dated July 30, 1943, and for other pur- causes. bishop of that time, and since then has poses. The PRESIDING OFFICER. Without held a wide range of leadership posi- Those who wish to submit written objection, it is so ordered. tions. As head of the archdiocese of statements should write to the Com- f Chicago, the Nation’s second-largest, mittee on Energy and Natural Re- ADDITIONAL STATEMENTS for 14 years, he has built a reputation sources, U.S. Senate, Washington, DC for reaching out to non-Catholics and 20510. For further information, please for trying to bridge gaps within the call Judy Brown or Mark Rey at (202) TRIBUTE TO MARILYN S. church. 224–6170. PENNINGTON On September 9, Cardinal Bernardin was presented with the Presidential f ∑ Mr. MCCONNELL. Mr. President, I rise today to recognize Marilyn S. Pen- Medal of Freedom, the highest civilian AUTHORITY FOR COMMITTEES TO honor. In his remarks, President Clin- MEET nington who is retiring from the Social Security Administration after 29 years ton said, ‘‘As the Archbishop of Chi- COMMITTEE ON ARMED SERVICES of Federal service. cago, Cardinal Bernardin is one of our Mr. SHELBY. Mr. President, I ask Ms. Pennington began her Social Se- Nation’s most beloved men and one of unanimous consent that the Commit- curity career as a service representa- Catholicism’s great leaders. When oth- tee on Armed Services be authorized to tive in Louisville, KY, in August 1965. ers have pulled people apart, Cardinal met at 10 a.m. on Thursday, September She was promoted to claims represent- Bernardin has sought common ground. 12, 1996, in open session, to receive tes- ative and reassigned to Paducah, KY, In a time of transition in his Church, timony on the situation in Iraq. in October 1966 and then to Silver his community, his Nation and the The PRESIDING OFFICER. Without Spring, MD, in August 1967. She re- world, he has held fast to his mission objection, it is so ordered. turned to Louisville in May 1969. Her to bring out the best in humanity and COMMITTEE ON GOVERNMENTAL AFFAIRS performance as a claims representative to bring people together. Throughout Mr. SHELBY. Mr. President, I ask was always outstanding and she served his career, he has fought tirelessly unanimous consent on behalf of the as a model and mentor to other em- against social injustice, poverty, and Governmental Affairs Committee to ployees. During the early 1970’s, Ms. ignorance. Without question, he is both meet on Thursday, September 12, 1996, Pennington was assigned as an oper- a remarkable man of God and a man of at 10 a.m., for a hearing on S. 1794, Con- ations analyst for the Louisville Dis- the people.’’ gressional, Presidential, and Judiciary trict. She provided outstanding staff In a column called ‘‘Cardinal Vir- Pension Forfeiture Act. assistance to the Louisville manage- tues’’ earlier this week, Washington The PRESIDING OFFICER. Without ment team. Her work as an analyst was Post columnist Mary McGrory also objection, it is so ordered. instrumental in improving the overall talked about the extraordinary life of Cardinal Joseph Bernardin. She told of COMMITTEE ON EAST ASIA/PACIFIC AFFAIRS efficiency of the Louisville District Of- the grace with which confronting his Mr. SHELBY. Mr. President, I ask fice. On May 8, 1977, she was promoted diagnosis of terminal cancer. He spoke unanimous consent that the Sub- to the operations supervisor position of his diagnosis as a ‘‘gift,’’ she said. committee on East Asia/Pacific Affairs which she holds today. McGrory writes, ‘‘Why? Before he of the Committee on Foreign Relations During her career, Ms. Pennington knew he was going to die, he said he to authorized to meet during the ses- won many performance-related awards had many fears.’’ After the news, the sion of the Senate on Thursday, Sep- based on her outstanding work in serv- Cardinal said, ‘‘God has given me the tember 12, 1996, at 10 a.m. (agenda ating the public. Her service to the public gift of peace and tranquility.’’ tached). has been a model of the best that Gov- ernment can bring to the people. McGrory went on to say that Car- The PRESIDING OFFICER. Without dinal Bernardin hopes to write a book objection, it is so ordered. Ms. Pennington has also helped implement major additions to Social Se- to help other cancer victims who are SUBCOMMITTEE ON PARKS, HISTORIC curity programs. These include Medi- terrified by the diagnosis and lose PRESERVATION, AND RECREATION heart. ‘‘I have spent 30 years as a bish- Mr. SHELBY. Mr. President, I ask care in July 1966 and the Supplemental Security Income program in January op trying to teach people how to live,’’ unanimous consent that the Sub- he said during an interview. ‘‘Now I committee on Parks, Historic Preser- 1974. There have also been many other changes to Social Security programs will teach them how to die.’’ vation, and Recreation of the Commit- Cardinal Bernardin is a remarkable tee on Energy and Natural Resources during her career, such as the extension of coverage to include Federal em- man and I am honored to call him a be granted permission to meet during friend. the session of the Senate on Thursday, ployees and employees of non-profit organizations, taxation of benefits, and Mr. President, I ask that Mary September 12, 1996, for purposes of con- McGrory’s September 10 column be ducting a subcommittee hearing which more. Mr. President, I ask you and my col- printed in the RECORD. is scheduled to begin at 9:30 a.m. The leagues to join me in recognizing The column follows: purpose of this hearing is to consider S. Marilyn S. Pennington for 29 years of [From the Washington Post, Sept. 10, 1996] 1695, a bill to authorize the Secretary dedicated service to the Federal Gov- CARDINAL VIRTUES of the Interior to assess up to $2 per ernment. (By Mary McGrory) person visiting the Grand Canyon or ∑ f Under some pressure on the matter of the other national parks to secure bonds company he keeps, President Clinton sur- for capital improvements to the park. THE EXTRAORDINARY LIFE OF rounded himself with some classy people at The PRESIDING OFFICER. Without CARDINAL BERNARDIN the White House and gave the 11 of them the objection, it is so ordered. Mr. HOLLINGS. Mr. President, I rise Medal of Freedom, the highest civilian award. The star of the occasion was a small, SUBCOMMITTEE ON PERSONNEL today to pay tribute to the extraor- frail cardinal from Chicago, Joseph Mr. SHELBY. Mr. President, I ask dinary life of Cardinal Joseph Bernardin, who accepted the medal in the unanimous consent that the Sub- Bernardin. East Room and then went out on the lawn to committee on Personnel of the Com- Cardinal Bernardin is one of Ameri- explain, gently, his differences with the mittee on Armed Services be author- ca’s most beloved and most respected donor. S10508 CONGRESSIONAL RECORD — SENATE September 12, 1996 His Eminence is totally pro-life: He is Italian resistance courier who survived Fas- she assisted the Louisville District against abortion, against capital punish- cist torture and devoted her life to helping management staff and improved the ment—both of which are favored by Clinton. political prisoners; Morris K. Udall (D-Ariz.), overall quality of the work in the Lou- Some Catholics held that, given his fun- former House environmentalist and wit, isville Social Security District. damental differences as well as on welfare shows an appreciation for House members. reform, he should have turned down the Clinton needed to patch things up with In April 1984, Ms. Carter became an medal. But Bernardin explained that it Catholics. They grew accustomed to choice— operations supervisor in the Louisville comes from the nation. they took other social issues into consider- District office. Her performance has His updating of Saint Thomas More’s fa- ation—but were outraged by the president’s consistently been outstanding and she mous self-description, during a time of trou- failure to sign the congressional ban on a has won many performance-related ble with Henry VIII—‘‘The King’s good serv- late-term abortion procedure. Honoring awards during her Social Security ca- ant, and God’s first’’—came on a day of blaz- Bernardin, the most affecting U.S. prelate, is reer. Her service to the public, the citi- ing heat and draining humidity. The car- a nice gesture. But Bernardin, in his mild zens of Louisville, and especially Jef- dinal, who was recently told by doctors that way, will continue to disagree on certain he has inoperable liver cancer and a limited subjects in the most public way possible. He ferson County has been a model of the time to live, went patiently from camera to intends to join a large protest against later- best that government can bring to the camera. ‘‘I will take care of all of you,’’ he term abortions on Thursday at the Capitol.∑ people. promised pastorally, and he did. f During her career, Ms. Carter helped Some thought he might be asked to per- implement major additions to Social form an exorcism at the White House. As the TRIBUTE TO DAVID NOVAK Security programs. These include Med- scandal of the president’s chosen familiar, icare in July 1966 and the Supple- Dick Morris, widens and deepens, fumigation ∑ Mr. MCCONNELL. Mr. President, I might not be enough. Morris’s sex life may rise today to congratulate a Louisville, mental Security Income Program in be his own business, but his arrogance is not. KY native who has been recognized for January 1974. There have also been The most popular Catholic cleric was the outstanding performance and leader- many other changes during her career, best possible counterpoint to the pond scum. ship. David Novak, president and chief such as the extension of coverage to in- After so much of the profane, the sacred was executive of KFC Corp. will receive a clude Federal employees and employ- welcome. ees of nonprofit organizations, taxation The cardinal startled many people when, Golden Chain award at the annual con- recently in Chicago, he announced that he is ference of the Multi-Unit Food Service of benefits, and more. bound for the Promised Land. He is in the Operators in October. Mr. President, I ask you and my col- midst of a project called ‘‘Common Ground,’’ Editors of Nation’s Restaurant News, leagues to join me in recognizing Linda which he had hoped to be a forum where a weekly magazine for the food service A. Carter for 29 years of dedicated serv- American Catholics can discuss their dif- industry, nominated Novak for the ice to the Federal Government.∑ ferences on church matters. A mediator all f his life, he is concerned with the rise of inci- award. The magazine cited Novak, 43, vility and mean-spiritedness among the for rejuvenating the 6,000-outlet KFC ORDERS FOR FRIDAY, SEPTEMBER faithful. He was severely criticized by three chain. He was also responsible for set- 13, 1996 of his brother cardinals, who feared the air- tling a long-standing contract dispute Mr. LOTT. I ask unanimous consent ing of unorthodoxy and possibly even heresy. with franchises as well as introducing that when the Senate completes its He replied imperturbably that the dissent of popular new items to the KFC menu. Cardinals Bernard Law of Boston, James A. business today it stand in adjournment David Novak assumed responsibility until the hour of 9:30 a.m. on Friday, Hickey of Washington and Anthony of KFC Corp. in 1994. In 1995, the chain Bevilacqua of Philadelphia just pointed up September 13, 1996; further, that fol- generated over $3.7 billion in retail the need for discourse. lowing the prayer, the Journal of pro- As for being stricken at a time of such sales. The company now claims more ceedings be deemed approved to date, plans, he called it ‘‘a special gift from God.’’ than a 40 percent share of the U.S. fried the morning hour be deemed to have Why? Before he knew he was going to die, chicken market and an 82 percent he said he had many fears, among them expired, and the time for the two lead- share of the Canadian market. ers be reserved for their use later in being unjustly accused—he was by a de- Before attaining his current position, ranged young man who later recanted his the day. novak was chief operating officer for story of sexual harassment—and cancer. The PRESIDING OFFICER. Without ‘‘God has given me the gift of peace and Pepsi-Cola North America. He also held objection, it is so ordered. positions as executive vice president of tranquility,’’ he explained. He hopes to write f a book to help other cancer victims who are Pepsi-Cola Marketing/Sales and senior terrified by the diagnosis and lose heart. ‘‘I vice president of Marketing for Pizza PROGRAM have spent 30 years as a bishop trying to Hut. He and his wife, Wendy, have a Mr. LOTT. Tomorrow morning, at teach people how to live,’’ he said during an daughter, Ashley. 9:30, it will be my intention to begin interview. ‘‘Now I will try to teach them how Mr. President, I ask you and my col- to die.’’ consideration of the Interior appropria- Conversations such as this rarely occur on leagues to join me in congratulating tions bill, as we announced. We may the White House lawn, where hustle and push David Novak on receiving this distin- consider other bills if we can get an are the rule. Doubtless talks with the others guished award.∑ agreement. I hope that Members will who sat on the East Room stage would also f not feel compelled to offer nongermane have been edifying. The recipients had been carefully chosen amendments on the Interior appropria- TRIBUTE TO LINDA A. (SUSIE) tions bill, as we have just gone not just for their virtues and accomplish- CARTER ments but for their direct appeal to various through. Again, we are aware that Sen- causes and ethnics. Rosa Parks, the woman ∑ Mr. MCCONNELL. Mr. President, I ators have their rights. But it makes it who started the Montgomery bus boycott by rise today to recognize Linda A. (Susie) awfully hard on the leaders to try to sitting down for her principles, didn’t make Carter who is retiring from the Social get the work done. We spent 251⁄2 hours it in from Michigan in time for the cere- Security Administration after 29 years on this last bill. Hopefully, we can do mony, but she is a black heroine. James of Federal service. the Interior appropriations bill without Brady, the White House press secretary who Ms. Carter began her Social Security took a bullet for Ronald Reagan, personifies going through the same votes all over the gun control legislation opposed by Re- career as a clerk typist on August 29, again. publicans; Millard Fuller is founder of Habi- 1965 in the Louisville Social Security Madam President, with regard to the tat for Humanity, the universally admired office. She did not remain in this posi- earlier unanimous-consent request, we organization that builds homes for the poor tion long. Her excellent work earned need to talk to the other Senator from and had Clinton hammering nails on his her advancement to the claims typist Minnesota. birthday; David Hambur is a psychiatrist for position in March 1966, to claims devel- I want to make a commitment to the children; John H. Johnson is a black success opment clerk in March 1967 and then to minority leader that we will not do story—he publishes Ebony and Jet; Eugene data review technician in October 1971. this before Tuesday. I will work with Lang sends East Harlem children to college— Jack Kemp, eat your heart out, Jan Nowak- In December 1975 Ms. Carter was pro- the Senators that are involved. I would Jezioranski, agent of the Polish under- moted to claims representative and in rather not do a unanimous consent ground, speaks to Poles; Antonia Patoja to December 1980 she was reassigned to until I talk directly to that Senator. I Puerto Ricans; Ginetta Sagan, valiant young the operations analyst position where will keep good faith with the minority September 12, 1996 CONGRESSIONAL RECORD — SENATE S10509 leader on that. I think it is a reason- agreement. On Monday, we will take up ADJOURNMENT UNTIL 9:30 A.M. able request. the FAA authorization if we can get an TOMORROW Mr. DASCHLE. With that under- agreement on the time and amend- Mr. LOTT. Mr. President, if there is standing, I will not have any objection. ments. Then we would go back to Inte- no further business to come before the I hope we can work to resolve that rel- rior. There will be no votes during the Senate, I ask unanimous consent that atively minor matter. day on Monday. We will have stacked the Senate stand in adjournment under Mr. LOTT. I want to confirm that votes on Tuesday morning at 9:30. the previous order. there will be no recorded votes tomor- There being no objection, the Senate, row. We will take up Interior or the at 8:41 p.m., adjourned until Friday, Magnuson fisheries, if we can get an September 13, 1996, at 9:30 a.m. September 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1591 EXTENSIONS OF REMARKS

TRIBUTE TO RECIPIENTS OF GIRL fullsize quilts for the homeless. They also re- As most LTHS baseball teams in previous SCOUT GOLD AWARD ceived bags containing personal toiletries. years, the 1996 squad was expected to do Teri Heater's project was titled ``Lap Quilts well this season. But this group of 16-, 17-, HON. THOMAS W. EWING for Low-Income Nursing Home.'' She made 25 and 18-year-old young men, some of whom OF ILLINOIS lap quilts for the elderly nursing home resi- had played together since Little League, IN THE HOUSE OF REPRESENTATIVES dents. turned a good year into one that they will re- Rebecca Rich's project was titled `Ùnder- member for a lifetime. Led by their most valu- Thursday, September 12, 1996 standing Differences; Matters of Faith Forum.'' able player, catcher Doug Nichols, and 16- Mr. EWING. Mr. Speaker, today I would like She brought together a group of people of dif- game winner, pitcher Ryan Businaro, the to salute several outstanding young women ferent faiths for achieving tolerance in a Lions set a school record of 34 wins in a sea- who have been honored with the Girl Scout nonjudgmental forum. They had the oppor- son. In addition they enjoyed a 14-game win- Gold Award by Green Meadows Girl Scout tunity to ask questions and learn about each ning streak and defeated regular season con- Council in Urbana, IL. They are Kathy others religion. ference champion and archrival Oak Park- Wakeley, Valerie Karr, Amy Watson, Erin Win- Rachel Rich's project was titled ``Wildlife-4 River Forest in the sectional final to reach the ter of Girl Scout Troop 220, Heather Kids.'' She introduced wildlife through books State Tournament. Jacobson, Teri Heater, Rebecca Rich, Rachel and live animals. Children of all ages learned Even the tough 4±2 loss in the State Rich of Girl Scout Troop 203, Christine about a variety of animals and received an semifinals did little to dampen the LTHS's Owens, Alison Smith of Troop 74, and Rose educational experience. great season. As Coach Sullivan said, ``This Johnson, an individually registered Girl Scout. Christine Owens' project was titled ``Daisy team had an evenness to it. There were no These young women were honored at the and Brownie Girl Scout Water Safety and Sur- peaks and valleys, no highs and lows. We Green Meadows Girl Scout Council's 29th An- vival Class.'' She used her life guarding skills stayed on a pretty lofty plateau the entire sea- nual Older Girl Recognition Banquet, held on to organize and conduct this workshop for son.'' May 13, 1996, for earning the highest achieve- younger Girl Scouts in the Danville area. Origi- Mr. Speaker, I congratulate Coach Sullivan ment award in U.S. Girl Scouting. The Girl nally planned for 25 girls, the workshop was and his entire squad on their achievements Scout Gold Award symbolizes outstanding ac- attended by 35 girls and 8 adults. Christine this season, and wish them continued success complishments in leadership, community serv- taught girls how to keep themselves and oth- in the coming years. ice, career planning, and personal develop- ers safe in an aquatic environment. f ment. The award can be earned by girls aged Alison Smith's project was titled ``Book Drive 14 to 17, or in grades 9 to 12. for the YMCA Women's Shelter.'' She col- CORA SERVICES, INC., 25TH Girl Scouts of the USA, an organization lected over 350 books from middle and high ANNIVERSARY serving over 2.5 million girls, has awarded schools to donate to the shelter for use by more than 20,000 Girl Scout Gold Awards to children who have been forced out of their HON. ROBERT A. BORSKI Senior Girl Scouts since the inception of the homes due to unfortunate circumstances. OF PENNSYLVANIA program in 1980. To receive the award, a Girl Rose Johnson's project was titled `Ùpgrade IN THE HOUSE OF REPRESENTATIVES Scout must earn four interest project patches, of Park Equipment in Sheldon.'' She organized Thursday, September 12, 1996 the Career Exploration Pin, the Senior Girl an aluminum can recycling project with pro- Scout Leadership Award, and the Senior Girl ceeds donated to the Sheldon Park and Sign Mr. BORSKI. Mr. Speaker, I rise to com- Scout Challenge. She must also design and fund. This is a continuing project and mem- memorate CORA Services, Inc., which will cel- implement a Girl Scout Gold Award project. A bers of the community were asked to save ebrate its 25th anniversary in Philadelphia plan for fulfilling these requirements is created cans to help raise money for additional park next month, and to recognize its founder, Sis- by the Senior Girl Scout and carried out playground equipment. ter M. Charity Kohl, a Sister of Good Shep- through close cooperation between the girl I believe that all of these young women herd, for her meritorious service in the com- and an adult Girl Scout volunteer. should receive public recognition for the sig- munity. Kathy Wakeley's project was titled ``Wel- nificant service to their community. CORA Services was founded in 1971 by come Bags for a Woman's Place.'' She col- f Sister M. Charity Kohl. It is a community- lected travel-size personal items from dentists, based, nonprofit organization, which was cre- hotels, and stores to place in bags for women TRIBUTE TO THE LYONS TOWN- ated by Sister Charity to reach out to children and children who were forced to leave their SHIP HIGH SCHOOL BASEBALL through prevention and early intervention, home in a hurry. They receive the bags to TEAM AND COACH TERRY SULLI- rather than waiting for a child or teen to get help them gain a sense of ownership. VAN into trouble. The agency, which began as a Valerie Karr's project was titled ``Bear Hugs small, neighborhood counseling center, has for Kids.'' She purchased 60 teddy bears with HON. WILLIAM O. LIPINSKI grown into a major provider of human services donations she received from local business OF ILLINOIS to the greater Philadelphia community. Each and civic groups. The bears were given to the IN THE HOUSE OF REPRESENTATIVES year, more than 30,000 children and families Mahomet and Seymour Fire Department to are served by CORA's programs. Thursday, September 12, 1996 give to children for comfort during crisis situa- Educational services provided in these tions, fires, and accidents. Mr. LIPINSKI. Mr. Speaker, I would like to schools include counseling, psychological Amy Watson's project was titled `Àudio pay tribute to an outstanding group of young evaluations, reading and math remediation, Books for a Grade School.'' She consulted the men and their coach on their tremendous re- and student assessments. These services are principal and librarian for ideas on books to cent triumphs. offered to over 60 nonpublic schools in north- record on cassette tapes. The tapes will pro- The varsity baseball team at Lyons Town- east Philadelphia. In addition, the agency has vide additional resources for teachers to use ship High School in my district recently placed expanded to provide services to certain public in the classroom. third in the State tournament and their coach, schools in the northwest and northeast parts Erin Winter's project was titled ``Books on Terry Sullivan, was a consensus choice as of the city. Tape.'' She organized 24 volunteers from the Coach of the Year. Community-based teen intervention pro- drama club to read 17 books on tape for the However, perhaps what was most impres- grams, a teen dropout program, and drug and special education department including 2 full- sive about the 1996 Lyons Township High alcohol abuse prevention and education efforts length text-books. School Baseball Team was that it was one of highlight CORA's Community Service Division. Heather Jacobson's project was titled those rare squads who transcended what the CORA also offers a summer day camp and an ``Quilts for the Homeless.'' She sewed 10 experts and critics perceived as their potential. Early Years Program for children and families

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1592 CONGRESSIONAL RECORD — Extensions of Remarks September 12, 1996 needing day care through kindergarten serv- IN HONOR OF THE POLISH MAR- tinues to use the facility that was there when ices. TYRS MEMORIALIZED AT THE it all began, the Founders Garage. This year alone, CORA has provided mone- KATYN MEMORIAL MONUMENT Employee numbers and acreage are not the tary support to meet emergency needs for 197 only increases Northern Tube has seen over families. The agency's guidance programs of- HON. ROBERT MENENDEZ the years. They are now the largest supplier in fered support to 21,930 school children. Edu- OF NEW JERSEY North America of exhaust tubular fabrications cational services were provided for 3,906 stu- IN THE HOUSE OF REPRESENTATIVES for medium and heavy duty trucks. Not only dents who received corrective instruction in do the exhaust fabrications Northern Tube reading and math. CORA's Community Serv- Thursday, September 12, 1996 produces benefit truck owners, they benefit us ices Division completed substance abuse as- Mr. MENENDEZ. Mr. Speaker, I rise today all. As concern over corporate pollution grows, sessments and referral services for 380 stu- to honor the Polish officers, citizens, and pris- Northern Tube provides an environmental ex- dents through the Student Assistance Program oners of war who were massacred in 1940 by ample for us all. Proving that responsible busi- in selected public schools. Also, teen interven- the Stalinist Soviet Government. The Katyn ness is good business, Northern Tube re- tion and family advocacy services, including Forest Massacre Memorial Committee will ceived an award for Environmental Excellence parent training sessions, were provided to 452 have a memorial service on September 15, on May 20, 1996, from Governor Engler. children and families. 1996, to honor the Polish victims. A mass will Mr. Speaker, American businesses have For the past 25 years, CORA has provided be celebrated at noon at the Katyn Memorial shown that they can compete with anyone in invaluable services to the Philadelphia com- Monument site in Jersey City. the world when it comes to product excel- munity. The agency has helped families in Many times throughout history mankind has lence. Northern Tube demonstrates the best of times of crisis and guided children through committed unspeakable crimes that have hor- this excellence with market success and envi- educational difficulties. I congratulate CORA rified the world. In April 1940 more than ronmental responsibility. I urge you and the Services for the important work it has done 25,000 people were rounded up by the Soviet rest of our colleagues to join me in wishing and hope they will have many successes in Government. Their only crime was that they Northern Tube a very happy 50th anniversary the coming years. were born Polish and considered enemies of and best wishes for 50 more. In addition, I would like to personally thank the State. Their hands were tied behind their f Sister Charity for her work in the community. backs and they were shot in the back of the It is through the diligent and dedicated work of head. Their bodies were burned and scattered INTRODUCTION OF A CONCURRENT individuals like Sister Charity, that we can ex- throughout various locations such as Katyn RESOLUTION REGARDING PA- pect the young people of our community to Forest. TIENT RIGHTS grow up to be the educated and conscientious This year marks the 55th anniversary of the leaders of tomorrow. brutal Katyn Forest massacre. The order to HON. LINDA SMITH f execute the Polish citizens was issued on OF WASHINGTON TRIBUTE TO THE SAN FILI March 5, 1940. It is a reminder to us that we IN THE HOUSE OF REPRESENTATIVES FRATERNITY CLUB must remain ever vigilant against intolerance Thursday, September 12, 1996 and inhumanity. Their massacre was a geno- cidal act and we must never forget the victims' Mrs. SMITH of Washington. Mr. Speaker, HON. ELIOT L. ENGEL suffering and sacrifice. today I will introduce a concurrent resolution OF NEW YORK A memorial to honor them was erected at regarding patient rights. As the nature of IN THE HOUSE OF REPRESENTATIVES Exchange Place in Jersey City. The monu- health care is rapidly changing, it is essential Thursday, September 12, 1996 ment commemorates the sacrifice of these in- that we reaffirm the fundamental rights of all Mr. ENGEL. Mr. Speaker, I would like to nocent victims. The Katyn Forest massacre Americans when they are seeking quality congratulate the San Fili Fraternity Club of was a crime against humanity. This elegant medical care. Whether we are suffering from Westchester, Inc., on the occasion of its 36th memorial serves as a reminder of man's cru- something as minor as a common cold or anniversary. elty to his fellow man. more serious like a terminal illness, we want The organization was founded in 1960 with I ask that my colleagues join me in honoring to be sure that we are getting the best pos- the express purpose of uniting immigrants these Polish martyrs. They represent a lost sible care available for ourselves and for our from the town of San Fili, located in Calabria, generation of Polish citizens. Their memories loved ones. Italy. These hardworking and industrious peo- live on at the Katyn Memorial Monument. But the reality is, we are growing increas- ple felt it was important to maintain the herit- f ingly uncertain about what our doctors are age and traditions of their ancestral home. able to tell us in today's world of managed The San Fili Club has served as a central HAPPY 50TH ANNIVERSARY health care where the goal is to provide medi- meeting place to foster this pride. NORTHERN TUBE cal treatment while turning a profit for the in- In addition to promoting their culture, the surers and providers. Health maintenance or- San Fili Fraternity Club has contributed tre- HON. JAMES A. BARCIA ganizations, or HMO's, came about as means mendously to the betterment of the entire OF MICHIGAN to help control skyrocketing costs in health community by supporting local charitable IN THE HOUSE OF REPRESENTATIVES care, and for the most part, they have been causes and awarding educational scholar- effective. Thursday, September 12, 1996 ships. The spirit of volunteerism and civic re- However, the conflict between producing a sponsibility exhibited by its membership has Mr. BARCIA. Mr. Speaker, the entrepreneur- profit and providing quality care is causing a served as a vibrant and positive force within ial spirit of America has made this country strain between doctors and their patients and Westchester County. great. I rise today to pay tribute to that spirit is threatening the fundamental element in their I have had the opportunity to witness first and a company built by it, Northern Tube of relationship: Trust. As patients, Americans hand the incredible drive and commitment of Pinconning, MI. want to feel like our doctors are giving us all their membership. The parents of my adminis- On September 15, Northern Tube cele- the answers. Why should we consult with our trative assistant, John and Rose Calvelli, have brates its 50th anniversary with an Open insurance agent about treatment for a broken served in several positions of responsibility House for employees, family, and friends. arm? within the organization. They are truly rep- Held at the Pinconning plant site, Tony Our doctors are also being put in an awk- resentative of the calibre of people who have Pawelski, the mayor of Pinconning, will dedi- ward position of balancing their patients' contributed to San Fili's philanthropic activities. cate the day while guests will be treated to needs with those of their medical corporation. On the evening of Sunday, September 15, plant tours, food, and entertainment. The vice As health care professionals, their vocation is members and friends of the San Fili Fraternity president and general manager of the making people healthy and, while they have a Club will be hosting a dinner dance to cele- Pinconning Plant, Mike Brooks, will be hosting responsibility to be cost conscious, fiscal pru- brate their many accomplishments and reaf- the event. dence should not replace a patient's best in- firm its ongoing mission to promote and pre- Founded in 1946 by George Demski, North- terest. serve the rich heritage of San Fili for present ern Tube has grown from their modest begin- We need to clarify and emphasize patients' and future generations. I applaud them and nings to a company with over 300 employees rights so that they feel secure when seeking look forward to supporting their many worth- at a site that covers 240,000 square feet. Still medical attention. That is why I am introducing while initiatives in the coming years. located at the original site, Northern Tube con- this concurrent resolution that is intended to September 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1593 lay the groundwork and principles for legisla- THE MEDICAL EDUCATION TRUST traditional, fee-for-service Medicare patients tion in the 105th Congress. Specifically, the FUND ACT OF 1996 served at these hospitals. legislation calls for health care plans to be My legislation would provide new funding for written in plain language and to allow patients HON. KEN BENTSEN graduate medical education by recapturing a to consult with the physician of their choice. OF TEXAS portion of the adjusted average per capita cost [AAPCC] payment given to Medicare managed The bill also limits access to medical records IN THE HOUSE OF REPRESENTATIVES to only those immediately involved in the case, care plans. These funds would be deposited Thursday, September 12, 1996 and requires the patient to be fully briefed on into a trust fund. I believe managed care plans their condition as well as the risks and bene- Mr. BENTSEN. Mr. Speaker, I rise to intro- should contribute toward the cost of medical fits of treatment. duce legislation, the Medical Education Trust education and my legislation would ensure this. This is a matter of fairness. All health Too much energy is spent on trying to wade Fund Act of 1996, to ensure that our Nation care consumers, including those in managed through medical plans, finding ways around continues to invest in the training of medical care, benefit from this training and should con- the bureaucracy and getting medical bills paid. professionals even as our health care system makes its transition to the increased use of tribute equally toward this goal. Americans want to receive direct and honest These funds would be deposited into a trust answers from their doctors and then spend managed care. This legislation establishes a new trust fund fund at the U.S. Department of the Treasury. their energy on securing treatment and getting All funds would be eligible to earn interest and well. for medical education that would be financed primarily by Medicare managed care plans. grow. The Secretary of Health and Human Services would be authorized to transfer funds f This trust fund would provide a guaranteed source of funding for graduate medical edu- from the trust fund to teaching hospitals throughout the Nation. The formula for dis- SUPPORT WOMEN-OWNED cation and help ensure that our Nation contin- tribution of funds would be determined by a BUSINESSES ues to train enough physicians and other health care providers during this transition to new National Advisory Council on Post-Grad- managed care. Without such a guarantee, I uate Medical Education that would be estab- HON. NANCY L. JOHNSON am deeply concerned that the availability and lished by this legislation. This legislation would also allow Congress to supplement the trust OF CONNECTICUT quality of medical care in our country would be at risk. fund with appropriated funds which the Sec- IN THE HOUSE OF REPRESENTATIVES Teaching hospitals have a different mission retary of Health and Human Services [HHS] would distribute. All of this funding would be in Thursday, September 12, 1996 and caseload than other hospitals. These hospitals are teaching centers where reimburse- addition to the current Federal programs of di- Mrs. JOHNSON of Connecticut. Mr. Speak- ments for treating patients must pay for the rect and indirect medical education. This super, small business owners are the backbone of cost not only of patient care, but also for medi- plemental funding is necessary to enable med- the economic well-being of this country. The fi- cal education. In the past, teaching hospitals ical schools to maintain sufficient enrollment nancial health of our Nation simply cannot sur- were able to subsidize the cost of medical and keep tuition payments reasonable for stu- vive without the ingenuity, imagination, and education through higher reimbursements from dents. My legislation would also take an additional hard work of those who own and operate private and public health insurance programs. portion of the AAPCC payment given to man- small businesses. With the introduction of managed care, these aged care plans and return it to the Secretary But did you know that it is the women small subsidies are being reduced and eliminated. of Health and Human Services to spend on business owners who are leading the charge As the representative for the Texas Medical the disproportionate share program. Dis- into the 21st century? There are over 7 million Center, home of two medical schools, Baylor proportionate share payments are given to women-owned businesses in the United College of Medicine and University of Texas those hospitals which serve a large number of States which employ 15.5 million people na- Health Science Center at Houston, I have uncompensated or charity care patients. Many tionwide. And these firms contribute over $1 seen firsthand the invaluable role of medical of our Nation's teaching hospitals are also dis- trillion in sales to the economy in every indus- education in our health care system and the proportionate share hospitals. Thus, my legis- trial sector. stresses being placed on it today. Baylor Col- lation would create two new and necessary lege of Medicine offers medical training in 21 Women have been able to make such a re- funding sources for teaching hospitals. markable contribution to society thanks in part medical specialities and currently teaches 668 This legislation would also create a National to programs such as the Women's Business medical students, 341 graduate students, and Advisory Council on Post-Graduate Medical Training Centers within the Small Business 1,325 residents. Baylor College of Medicine Education. This advisory council would advise Administration. This demonstration program also employs 1,470 full-time faculty and 3,007 Congress and the Secretary of Health and has established 54 nonprofit business centers full-time staff. The University of Texas Medical Human Service about the future of post- around the country since it first began in 1988. School at Houston has 833 medical students, graduate medical education. The council These business centers provide training, coun- 799 accredited residents and fellows, and would consist of a variety of health care pro- seling, and technical assistance to women 1,532 faculty. fessionals, including consumer health groups, hoping to start their own businesses and Under current law, the Medicare program physicians working at medical schools, and 60,000 women have benefited from their serv- provides payments to teaching hospitals for representatives from other advanced medical ices. medical education. These reimbursements are education programs. The council would also paid through the Direct Medical Education These business centers have a unique fund- advise Congress on how to allocate these new [DME] and Indirect Medical Education [IME] ing structure. Three years after a business dedicated funds for medical education. This Programs. DME and IME payments are based center is established, it must become finan- council will provide Congress with needed in- upon a formula set by Congress. cially self-sufficient. Thirty-five of the business formation about the current state of medical Last year, the Republican budget resolution centers are now entirely independent, provid- education and any changes which should be proposed cutting DME and IME payments by ing needed assistance without Federal fund- made to improve our medical education sys- $8.6 billion over 7 years. I strongly opposed ing. tem. these efforts and will continue to fight any cuts Our Nation's medical education programs Currently, the authorization for the Women's to these payments. Such cuts would be det- are the best in the world. Maintaining this ex- Business Training Centers ends in 1997, rimental enough in a stable health care mar- cellence requires continued investment by the which is why I have introduced legislation to ket. But they are especially harmful given the Federal Government. Our teaching hospitals permanently authorize the program. This legis- impact of our changing health care market on need and deserve the resources to meet the lation will also increase the business centers' medical education. challenge of our aging population and our funding cycle from 3 to 5 years to ensure that As more Medicare beneficiaries enroll in changing health care marketplace. This legis- they are well established, and authorizes a managed care plans, payments for medical lation would ensure that our Nation continues funding level of up to $8 million, so that the education are reduced in two ways. First, to have the health care professionals we need SBA can establish business centers in the 22 many managed care patients no longer seek to provide quality health care services to them States that currently have no such sites. services from teaching hospitals because their in the future. I urge my colleagues to join me in support plans do not allow it. Second, direct DME and I urge my colleagues to support this effort to of the Women's Business Training Centers Act IME payments are cut because the formula for provide guaranteed funding for medical edu- of 1996. these payments is based on the number of cation. E1594 CONGRESSIONAL RECORD — Extensions of Remarks September 12, 1996 TRIBUTE TO DR. ANTONIA national Union in 1953 in Fort Wayne, IN. This The Hazleton Kiwanis is a major supporter PANTOJA month he retires as secretary-treasurer of the of Penn State University, Hazleton Public Li- United Food and Commercial Workers Local brary, Hazleton YMCA±YWCA, the Greater HON. NYDIA M. VELA´ ZQUEZ 911 after 35 years of outstanding leadership Hazleton Philharmonic, Catholic Social Service OF NEW YORK as a union official. His intelligence and per- and the Salvation Army. As an extension of its IN THE HOUSE OF REPRESENTATIVES severing spirit carried Gene to higher and philanthropic support, the club also sponsors higher responsibilities. In fact, Gene Kolkman health screening programs, educational and Thursday, September 12, 1996 has done virtually every job a union man can entertainment activities for its members. The Ms. VELAÂ ZQUEZ. Mr. Speaker, it is with doÐfrom field organizer, business agent, and Kiwanis also run local Circle K clubs for stu- great honor and pride that I rise to congratu- local union president. In 1970, Gene rose to dent mergers. late and recognize a fellow Puerto Rican, Dr. the position of executive assistant to then- Mr. Speaker, the list of the Hazleton Antonia Pantoja, for receiving the Presidential UFCW Vice President Bill Wynn, having re- Kiwanis's interests and achievements are a Medal of Freedom, the highest award a Presi- sponsibility for the union's Central Division testament to its dedication and service to the dent can bestow on a citizen. covering Ohio, Kentucky, Indiana, and Michi- community. I am extremely proud to bring the With this distinction, Dr. Pantoja joins other gan. achievements of this group to the attention of Americans of exceptional merit such as Jo- Gene has also served the broader labor my colleagues. I join with the people of Hazle- seph Cardinal Bernardin, Cardinal of Chicago, movement holding positions as recording sec- ton in thanking President Victor Baran, First David Hamburg, and Rosa Parks. For many retary of the Toledo area AFL±CIO; executive Vice President Dr. Geraldine Shepperson, years, Dr. Pantoja has been a nationally rec- secretary of the Toledo Port Council; and vice Second Vice President Catherine Seamon, Im- ognized leader in education, civil rights, and president of the Ohio State AFL±CIO. Gene's mediate Past President Vincent Bartkus, community development. Most importantly she career representing his fellow workers is an in- Treasurer Joseph Weber and Secretary Ray has been a tireless advocate for the right to spiration to all concerned about the welfare of Saul for their leadership of this vital organiza- culturally supportive, and equal educational working families. tion. opportunities for Puerto Rican and Latino chil- In 1956, Gene married Judy Fenstermacker, f dren. and they have raised two children, Jennifer Unselfishly, Dr. Pantoja has dedicated her and Christopher. On September 1, Judy and H.R. 3871 PROTECTS BROOKLYN life not only to children but to everyone. She Gene will celebrate 39 years together, another AND QUEENS RESIDENTS has enriched our neighborhoods. Her source of inspiration. acthivements include the creation of many in- Mr. Speaker, this Congress should celebrate HON. EDOLPHUS TOWNS stitutions that provide valuable services to the lives of labor leaders such as Gene OF NEW YORK Boricuas. As the founder of the Puerto Rican Kolkman, who dedicate their careers to help- IN THE HOUSE OF REPRESENTATIVES Forum, a membership organization dedicated ing others help themselves. Let us wish God- Thursday, September 12, 1996 speed to Gene and Judy in their retirement to creating Puerto Rican community service in- Mr. TOWNS. Mr. Speaker, H.R. 3871, which stitutions, she has left her mark with us for- and a resounding thank you from our entire community for a job done with excellence al- the House passed by voice vote last week, ever. Seeing the need to improve the edu- waives the 75±25 Medicaid requirements for cational and professional situation of the ways. f two New York City plans. Together, these Latino community, she succeeded in develop- plans currently serve approximately 60,000 ing such landmark organizations as the ABC HAZLETON KIWANIS 75TH members. Without the waiver authority in this Project, a program for Puerto Rican business ANNIVERSARY bill, these members would be endangered of people, and BOLT, a project to teach basic losing their access to quality primary care occupational English to Puerto Rican workers services before the end of the year. in order to advance in their jobs. HON. PAUL E. KANJORSKI OF PENNSYLVANIA I want to thank the Commerce Committee Not stopping there, Dr. Pantoja's crown IN THE HOUSE OF REPRESENTATIVES chairman, the Health and Environment Sub- achievement and greatest contribution to our Thursday, September 12, 1996 committee chairman and the ranking minority community was the creation of ASPIRA, an in- member and our subcommittee's ranking stitution based on empowering the Latino Mr. KANJORSKI. Mr. Speaker, I rise today member for their cooperation in expeditiously community through the educational and lead- to pay tribute to the Kiwanis Club of Hazleton, moving this bill forward. I want to also thank ership development of its youth. During the PA on the occasion of its 75th anniversary. I the gentlemen from the other side of the aisle, last 35 years, ASPIRA has become the lead- am pleased that they have asked me to par- Mr. GREENWOOD and Mr. FRANKS, for joining ing national organization devoted to the edu- ticipate in the recognition of this important me as cosponsors of this legislation. Let us cation of Latino youth. milestone. hope that our colleagues in the Senate will In a world in which people mainly care In 1921, a small group of men gathered at move quickly to approve this legislation before about their own needs, it is refreshing and the local Hazleton YMCA and voted to donate adjournment. gives me pure joy to see a person whose en- $10 to the local Fourth of July observance. f tire life has been dedicated to the needs of The following week the men formed a formal others. Kiwanis Club and elected their first president, CONGRATULATIONS TO FELICIA I want to thank Dr. Antonia Pantoja for her Edward M. Prisk. BELL: ANSWERING AMERICA’S life-long commitment to and hard work for the As the Nation enjoyed peacetime under CALL Puerto Rican community. I strongly believe President Warren G. Harding, the club began that without her achievements, many in our to prosper and grow with the town of Hazle- HON. CARDISS COLLINS community would not have the tools nec- ton. Members of the club went on to serve the OF ILLINOIS essary to advance in life. We all owe her a community and the country. One member, Vic- IN THE HOUSE OF REPRESENTATIVES great debt and much thanks. tor C. Diehm Sr., was elected to the position Thursday, September 12, 1996 f of Governor of the Pennsylvania District of Kiwanis. This is the highest office held by a Mrs. COLLINS of Illinois. Mr. Speaker, each TRIBUTE TO EUGENE H. KOLKMAN member of the Hazleton club. year the Veterans of Foreign Wars of the Unit- The leadership of the Hazleton Kiwanis ined States and its ladies auxiliary conduct a HON. MARCY KAPTUR cludes some of Hazleton's finest business and Voice of Democracy broadcast scriptwriting OF OHIO community leaders. In its long history the club contest. This past year more than 116,000 IN THE HOUSE OF REPRESENTATIVES has made an invaluable contribution to the secondary school students participated in the Hazleton community. The club is a substantial contest, competing for the 54 national scholar- Thursday, September 12, 1996 supporter of the United Way and also spon- ships. The contest theme for this year was Ms. KAPTUR. Mr. Speaker, I rise today to sors the annual Hazleton soap box derby. `Ànswering America's Call.'' I am extremely pay tribute to a man of rare vision who has Kiwanis has worked in conjunction with the proud to announce that Felicia Bell, this year's devoted his life to the labor movement and to Rotary club of Hazleton to develop Camp winner from the State of Illinois, is from my improving the lives and working conditions of Rotawanis. The club also supported Can Do own Seventh Congressional District. America's working men and women. Eugene of Greater Hazleton by providing seed money Ms. Felicia Bell, daughter of Mr. and Mrs. H. Kolkman joined the Retail Clerks Inter- for the Hazleton Township Community Park. Alvin Bell, is a senior at St. Ignatius College September 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1595 Prep of Chicago, IL. She was sponsored in Now anyone can spend their entire life ANGELO BROTHERS CO. 50TH the contest by Chicago VFW Post 1612. She writing letters to Congresspeople, doing ANNIVERSARY CELEBRATION aspires to pursue a career in the Foreign homework and volunteering their time for a Service. Her hobbies include tennis, bowling, worthy cause, but that can get quite grim. If there is no fun in life, we will all go crazy. HON. ROBERT A. BORSKI reading, baking, dancing, roller skating, and OF PENNSYLVANIA Hobbies and recreation sharpen our minds enjoying music. She has been the vice presi- IN THE HOUSE OF REPRESENTATIVES while sports and dance keep us physically dent of her sophomore class and an executive Thursday, September 12, 1996 board member of the Black Organization of fit, preventing us from cracking under the strain of answering America’s other calls. Students and a student council representative. Mr. BORSKI. Mr. Speaker, I rise to recog- America urges us to bake some chocolate It is with deep pride that I submit for publi- nize the Angelo Brothers Co. as it celebrates chip cookies or read a novel, go fly a kite on its 50th anniversary in Philadelphia this month cation in the CONGRESSIONAL RECORD, the a windy day or jump in puddles when it is winning essay written by Ms. Felicia Bell of and to commend the creation of Stan and Tim raining. America encourages us to rest, relax Angelo for its 50 years of distinguished service Chicago, IL. and just ‘‘kick it’’. ANSWERING AMERICA’S CALL to the community. Throughout history, America has had Answering America’s call. That’s an inter- The company began in 1946 as a small many calls. We have been called to bear arms esting challenge. Very thought-provoking, paint and lamp store in south Philadelphia. very metaphorical, very complicated. What during times of war, called to protest grave Stan and Romolo ``Tim'' Angelo soon realized is America’s call? Is it a call to exercise our injustices, called to mourn during times of that there was a better market for lamp parts civil obligations or a call to improve our tragedy and sorrow. We have even been than for portable lamps. In response, the educational system? Is it a call to volunteer called to switch long distance phone compa- brothers created a wholesale mail order busi- nies. We are bombarded with calls. I believe our time for worthy causes or is it a call to ness that catered to the lamp industry. They go out and have fun? that answering America’s call enables us to After much thought (and a lot of snack and live life to the fullest, to become the most also expanded their company to include the cartoon breaks), I have come to the conclu- fully engaged citizens possible. America sale of lamp parts as well as light bulbs and sion that it is a mixture of all four. America challenges us to become involved politically, hardware. The family business was passed on is calling us to participate in the political to improve our educational system, to volun- through generations of Angelos, with Stan's arena, the academic world, the recreational teer our talents to worthy causes and to son, Stanley, Jr., John, and Tim's son, Ray- field and the social service sector of society. enjoy living the good American life. We must mond, taking over as leaders of the company. America calls us to share the wealth of skills answer America’s call so that we can lead As the company continued to thrive, other lo- and talents we have as proud young Ameri- our country into its glory and grandeur in cations were opened in Santa Fe Springs, CA, cans in order to perpetuate our strong points while improving upon our weaknesses. The the 21st century. Chicago, IL, and Jacksonville, FL. most effective way to advance as a nation is In the past 50 years, the Angelo Brothers by answering America’s call. f Co. has grown to become the largest privately America is a country built on the inalien- owned seller of light bulbs in the country. The able rights of man. We have the constitu- TRIBUTE TO THE SUMMIT PARK company has kept abreast of new techno- tional rights to vote, to free speech, to DISTRICT ON ITS 50TH ANNIVER- logical developments by designing the Smart peacefully assemble, to petition our griev- SARY BulbTM and SpectraliteTM lamps to meet new ances. Not only are we encouraged to exer- energy standards. It has won awards for its cise these rights, as American citizens, we are expected to. We fulfill America’s expec- advances in incandescent lighting tech- tation by vociferously making known our HON. WILLIAM O. LIPINSKI nologies. Today the company has 600 employees and is one of the most recognized opinions through letters and petitions writ- OF ILLINOIS ten to officials, by boycotting and protesting names in light bulbs. against actions that run counter to our be- IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I am well aware of the leading liefs, by running for office (instead of pas- role that the Angelo Brothers Co. has taken in sively complaining about the incompetent Thursday, September 12, 1996 the ``Do-It-Yourself'' market. In 1970, it entered incumbents). Most importantly, America the home center marketplace. Soon, the com- calls us to vote for the people who will best Mr. LIPINSKI. Mr. Speaker, I would like to pany began to sell lighting fixtures as well as serve the nation. Citizens will play an inte- pay tribute to the Summit Park District on the electrical hardware and door chimes. The gral part in the political process next No- 50 successful years of its providing recreation company has also expanded into the sale of vember at the ballot box because voting is to the people of its community. the loudest way we as citizens have to an- decorative light bulbs. swer America’s call. Like so many other organizations that are The company has come a long way since Only with a sound education can people celebrating their golden anniversaries this its origins as a small, family owned business. make the most informed choices. Education year, the Summit Park District was born when It has become one of the leaders in the field is the backbone of all societies. Right now of light bulb and fixture manufacturing, and it America is experiencing a grave educational a dedicated group of local residents came to- crisis in need of immediate repair. America gether to plan and provide services for veter- continues to grow today. Now, to commemo- is calling us to improve Head Start programs ans returning from World War II ready to start rate the 50th anniversary of the Angelo Broth- so that the young will be instilled with a new families. ers Co., a scholarship foundation for the chil- love of learning early in life. America is call- dren of employees has been created in the ing us to pursue technical and vocational In the case of the park district, a local physi- name of Stan and Tim Angelo, the brothers training so that we will have the skills nec- cian, Dr. Paul Rush, and 12 residents came who opened the small store in Philadelphia 50 essary to excel in this increasingly techno- together to provide open space and rec- years ago. logical world. reational activities for their fellow residents. Therefore, Mr. Speaker, I would like to com- America is calling us to reform our lagging school system so that all children will have After selecting four sites in the village for play- mend the Angelo Brothers Co., and its second the opportunity to learn the two most fun- grounds, Dr. Rush and his associates turned generation of leaders, including John, Tim, damental lessons in life: how to think and to the Des Plaines Valley News newspaper for Ray, and Stanley Angelo, Jr., for its successes how to recognize their fullest potential. We assistance. The paper printed ballots asking and contributions to the community and wish must all continue to educate ourselves be- the children of Summit what they wanted in it continued prosperity in the years to come. cause an educated citizenry is the mark of a their new parks, and, five decades later, the f truly great civilization. America is calling us to help attain that goal. park district is still listening to the residents in TRIBUTE TO THE RESOURCE CON- We must go out into the communities, developing new facilities and programs. SERVATION AND DEVELOPMENT tutor school children, become mentors, work In fact, the park district recently added hik- PROGRAM in soup kitchens, help renovate abandoned buildings for the homeless, donate blood, ing and biking trails, a jogging track, fitness plant trees, clean parks, and contribute to stations, a mini golf course, and batting cages HON. ROBERT E. ANDREWS active charities. Social service should be a in response to the recreational needs of Sum- OF NEW JERSEY part of every person’s daily routine. Not only mit residents. IN THE HOUSE OF REPRESENTATIVES does community service help restore our de- Thursday, September 12, 1996 teriorating society, it helps us as individuals Mr. Speaker, I salute the Summit Park Dis- improve our own lives. America implores us trict on its 50th anniversary and wish the dis- Mr. ANDREWS. Mr. Speaker, I rise today to to help each other as we help ourselves. trict many more years of success. pay tribute to the Resource Conservation and E1596 CONGRESSIONAL RECORD — Extensions of Remarks September 12, 1996 Development Program [RC&D] whose efforts named VFW 8275 Post in honor of three THANK YOU, HARRY F. BUR- have improved the economy, the environment, young heros who paid the supreme sacrifice: ROUGHS III, FOR YOUR LOYAL and the living standards of this Nation. I would John Rudolph, age 32, Leonard George SERVICE like to designate September 15, 1996, as a Frank, age 23, and Harry Leroy Beauch, age day of recognition for the Resource Conserva- 19. HON. JACK FIELDS tion and Development Program. The RC&D, OF TEXAS initiated in 1962, serves 2,016 counties in Because they did not have a post head- IN THE HOUSE OF REPRESENTATIVES quarters, they held meetings in various places more than half of the United States, the Carib- Thursday, September 12, 1996 bean, and the Pacific Basin. The 20,000 vol- including a school basement, a fire hall, and a unteers involved in the organization's projects council hall. The deficiency of a permanent Mr. FIELDS. Mr. Speaker, it was with mixed emotions that I announced last December 11, contribute their time and resources to revital- base did not discourage or diminish the ize and sustain their communities. my decision to retire from the House at the strength and tenacity of its members. By Janu- conclusion of my current term. As I explained The comprehensive efforts of the RC&D ary 1948, under the leadership of Wilbur Lake, have focused on protecting the environment at the time, the decision to retire was made the Post purchased a building on South more difficult because of the loyalty and dedi- and fortifying the economy of this Nation. The MackinawÐnear where the present Au Gres program's resource protection initiative has im- cation of my staff, both past and present, and Fire Department building is todayÐfor $300. because of the genuine friendship I feel for proved 40,264 acres of wildlife habitat, and them. Each one of them has served the men has increased the quality of water in 56,052 Proving the strength and dedication of its and women of Texas' Eighth Congressional acres of lakes and 2,523 miles of streams. families, the Women's Auxiliary to 8275 was District in an extraordinary way. Furthermore, RC&D council and partners have founded and installed on February 12, 1950. Today, I want to thank a former member of added to the economy by creating 164 new Over the next 12 years, the post thrived and my staffÐHarry F. Burroughs III, who worked businesses, resulting in 3,209 jobs. Their edu- grew under the leadership of many capable for me in a variety of capacities for 14 yearsÐ cational projects have helped 82,878 people for all he's done for me and my constituents develop new skills in areas of development, leaders including, Commander Hubert Dewald. However, the years took its toll on the post over the years. entrepreneurial training, and resource assess- Harry served as my legislative director from home. Under the leadership of Commander ment. From saving the environment to creating 1981 to 1985Ðthe same position he held for jobs, the RC&D has touched the lives of all Joseph Czapski the members considered our former colleague, Richard Schulze of Americans. moving to larger facilities to accommodate Pennsylvania from 1977 to 1980. During my Mr. Speaker, we all owe a tremendous debt their growing membership. In January 1963, critical first two terms in the House, I relied on of gratitude to the RC&D for their dedication the city of Au Gres offered the VFW Post Harry's experience, advice, and expertise on a and service to this country. Their accomplish- 8275 a 50 foot lot on Main Street with a 100- host of issues and legislative business. ments illustrate the power and strength of vol- year lease. Robert Conell and Daisy Gess of- Beginning in 1985, Harry served as my unteer organizations in this Nation. I hope my fered free property, which consisted of ap- Counsel on the House Merchant Marine and colleagues will join me in honoring the Re- proximately 8 acres, 2 miles north of Au Gres Fisheries CommitteeÐa committee critical to source Conservation and Development Pro- on U.S. Highway 23. A deed to the property the economic well-being of my district. When gram on this day. local residents asked me to work with the was presented and accepted at the March 8, f Army Corps of Engineers to devise a flood 1963 meeting. control plan for the Upper White Oak Bayou PERSONAL EXPLANATION With Archie McCready in command, and Buffalo Bayou; when funds were needed $812.50 in the bank, another $800 from the to widen and deepen the Houston Ship Chan- HON. FRANK RIGGS sale of the old building and $1,575 raised by nel; and when Federal assistance was needed OF CALIFORNIA post member Calvin Ennes, they had a small to solve a serious water pollution problem in IN THE HOUSE OF REPRESENTATIVES amount to begin construction and care for the Lake Houston, I turned to Harry to make sure Thursday, September 12, 1996 property in April 1963. The post appointed that these urgent proposals moved forward. With the start of the 103rd Congress, i was Clem ``Whitey'' Bensen as building chairman Mr. RIGGS. Mr. Speaker, on rollcall No.'s privileged to serve as the ranking minority 407, 408, 409, 410, and 411 I would have and appointed Lincoln Emes as financial chair- member of the House Merchant Marine and voted ``yes,'' and on rollcall No. 412 I would man. Donations of money, material, and labor Fisheries CommitteeÐand, naturally, I asked have voted ``no.'' Unfortunately, I was not began pouring in to support the post. The final Harry to serve as the committee's minority present due to a physical ailment and subse- meeting in the old post home was on May 5, staff director. quently requested an official leave of absence 1963. As my right arm on the Merchant Marine for the day which was granted. The first meeting in the new post home took and Fisheries Committee, Harry played a cru- f cial role in enacting into law the African Ele- place on September 13, 1963. Since the build- phant conservation Act of 1988; the Oil Pollu- ing was yet a long way from completion, mem- HAPPY 50TH VFW POST 8275 tion Act of 1990; the Abandoned Barge Act of bers were content to have planks for seats 1992; the Rhino and Tiger Conservation Act of HON. JAMES A. BARCIA and sand for the floor. They decided to borrow 1994; and other legislation designed to protect OF MICHIGAN $10,000 to complete the building and by May our Nation's marine environment, strengthen IN THE HOUSE OF REPRESENTATIVES 30, 1964 they held a dedication and ground our Nation's merchant fleet, and maintain our Thursday, September 12, 1996 breaking. They held a 3-day ``Burning the country's vital commercial waterways. Mortgage'' celebration in April 1971 and an With the unfortunate abolition of the Mer- Mr. BARCIA. Mr. Speaker, on Sunday, Sep- addition was added in September 1973. chant Marine and Fisheries Committee in the tember 15, 1946, a group of young men gath- current 104th Congress, our colleague, DON Today the post continues its community in- ered in a community hall in Au Gres, MI. They YOUNG of Alaska, chairman of the Natural Re- had a common bond, all having served our volvement including hosting bingo tour- sources Committee, asked Harry to serve as country in the Army, Navy, Air Force, or Ma- naments, dinners, and teenage parties. The the staff director of the Subcommittee on Fish- rines. To preserve the pride in and service to members of our VFW post prove that the eries, Wildlife and Oceans. their country, they formed VFW Post 8275. strength of our country depends, thrives, and When he is not working, Harry enjoys Fifty years later the illustrious post, under grows because of the individuals who served spending time with his lovely wife, Gayle, and the capable leadership of Commander James our country and continue to serve long after their two sons, Rick and Chris. A resident of A. Armour, boasts 209 members and the formal commitment. Warrenton, VA, Harry serves as a committee Women's Auxiliary, under the leadership of chairman of Boy Scout troop 175, in which his Mr. Speaker, I commend these dedicated in- Marion Maytas boasts 60 members. I con- sons are members. For the past 7 years, gratulate VFW Post 8275 on its 50th anniver- dividuals. I urge you and all of our colleagues Harry has volunteered as a Babe Ruth base- sary and commend their dedication to their to join me in wishing the members of VFW ball coach, and he is a former member of the country, community, and family. Post 8275 a most memorable 50th anniver- Fauquier County Youth Baseball Commission. In 1946, department commander Arthur sary, with our thanks for all that they have Harry Burroughs is one of those hard- Greig installed 21 officers and members. They done. working men and women who make all of us September 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1597 in this institution look better than we deserve. HONORING L. CLURE MORTON stitution of the United States, and well dis- He certainly did that for me in the years he posed to the good order and happiness of the served on my personal and my committee HON. BART GORDON United States. staff, and I appreciate this opportunity to pub- OF TENNESSEE There exist long backlogs in the naturaliza- licly thank him for the dedication, loyalty and IN THE HOUSE OF REPRESENTATIVES tion workloads of the Immigration and Natu- professionalism he exhibited over the years I Thursday, September 12, 1996 ralization Service delaying citizenship for law- have had the opportunity to work with him. abiding individuals described in my legisla- Mr. GORDON. Mr. Speaker, I rise to honor tionÐthose who have lived a significant Mr. Speaker, I know you join with me in one of the great judicial minds in Tennessee's amount of time in the United States, dedicated saying ``thank you'' to Harry F. Burroughs III history, who has ruled from the bench without workers, the elderly, and our veterans. I for his years of loyal service to me, to the men passion or prejudice, gaining the respect of strongly urge my colleagues to support my and women of Texas' 8th Congressional Dis- not only his peers and colleague, but of the legislation, H.R. 4056, which enhances and trict, and to this great institution. And I know community in which he served. Earlier today it hastens the acquisition of U.S. citizenship to you join with me in wishing him and his family was my pleasure to introduce legislation, truly worthy individuals. many years of happiness and good fortune in which has been cosponsored by all of my col- the years ahead. leagues in the Tennessee delegation, that will f designate the U.S. Post Office and Court- f house in Cookeville, TN, the ``L. Clure Morton GADSDEN JOB CORPS CENTER Post Office and Court House.'' ENRICHES YOUNG LIVES DAVE MOORE: A GUARDIAN FOR Since his appointment to the bench in 1970 WORKER FAIRNESS IN SAN DIEGO by President Richard Nixon, L. Clure Morton's career as a Federal judge has been distin- HON. TOM BEVILL guished by fairness, insight, innovation, and OF ALABAMA HON. BOB FILNER an iron grip on his courtroom. During his ten- IN THE HOUSE OF REPRESENTATIVES ure, Judge Morton has never avoided con- OF CALIFORNIA troversial issues, addressing school integra- Thursday, September 12, 1996 IN THE HOUSE OF REPRESENTATIVES tion, welfare, mental health systems, and pris- Mr. BEVILL. Mr. Speaker, I rise today to pay on reform. Thursday, September 12, 1996 tribute to the Job Corps Center in Gadsden, Following his graduation from our alma AL, which enriches the lives of young people Mr. FILNER. Mr. Speaker and colleagues, I mater, the University of Tennessee School of every day. Like their 60,000 fellow students at Law, Judge Morton spent 33 years in private rise today to recognize Dave Moore, the busi- 100 Job Corps Centers nationwide, the young practice, during which he also began his years ness manager and financial secretary of Local men and women enrolled at the Gadsden Job of public service as a special agent with the 465 of the International Brotherhood of Elec- Corps Center are committed to improving their Federal Bureau of Investigation. His judicial opportunities by obtaining marketable skills. trical Workers, who will be justly honored as career began in 1970 with his appointment as the 1996 Labor Leader of the Year by the San a U.S. District Court judge in Nashville. He The Gadsden Job Corps Center represents Diego County Building & Construction Trades was then elevated to chief judge in 1977, and an outstanding model of public-private partner- Council on September 14, 1996. took senior status in 1984 which he currently ships in the Gadsden community. The U.S. Department of Labor's Office of Job Corps, Dave Moore was born into a union family in holds, presiding over the northeastern division. Gadsden State Community College, and local Schenectady, NY, and went on to spend his Earlier this year, Judge Morton decided to citizens have joined forces to provide edu- life in the larger union family that is the labor hang up his gavel and retire from the bench cational and vocational training for the stu- movement. Arriving in San Diego in 1960, he after 26 years. My bill will serve as a tribute to his undying commitment to make middle dents of Alabama through the Job Corps pro- was quickly hired by San Diego Gas & Electric gram. Co. His leadership qualities were obvious with- Tennessee a safer, fairer place. Though he While enrolled in the program, Job Corps in his union, which made him a steward in will no longer preside over a courtroom, his students give back to their communities by do- 1962, and he achieved the position of journey- presence will always be felt, having his name etched in stone at the Cookeville, Federal nating their time and services. In fact, nation- man lineman by 1967. building. wide, Job Corps students have contributed As Dave Moore's skills and knowledge in- f more than $42 million worth of services in the creased, so did his zeal to serveÐand to past 5 years. leadÐhis coworkers and his union. All of H.R. 4056, LEGISLATION FOR In Gadsden, the skills of the students were these qualities were duly recognized when, AUTOMATIC CITIZENSHIP demonstrated by the landscaping class in after 8 years as a steward, Dave was elected projects at Donahoo Elementary School and to his union's executive board. So successful HON. PATSY T. MINK the fire station. The culinary arts students pre- were his two terms that he was appointed as- OF HAWAII pared eggs for Head Start's annual easter egg sistant business manager. IN THE HOUSE OF REPRESENTATIVES hunt sponsored by the Gadsden Job Corps Dave was elected president of Local 465 in Thursday, September 12, 1996 Center. 1980 for two terms, and then served for two Mrs. MINK of Hawaii. Mr. Speaker, I have These projects illustrate the positive rela- successive terms as the Local's business introduced legislation, H.R. 4056, to make it tionships developed between Job Corps and manager. Never forgetting his roots or his easier for legal residents to become citizens. the community. These experiences enhance union brothers and sisters, he resumed work Since Congress is passing laws that deny pro- the students' work history and provide exposure to volunteerism. at San Diego Gas & Electric Co. for 3 years grams to noncitizens, it's appropriate to make before being reelected as the Local's business it easier for them to become citizens. Job Corps students return the Federal Gov- manager for the third time in 1995. Dave The bill I have introduced, H.R. 4056, is leg- ernment's investment in them through reduced Moore is a back-to-basics labor leader, ever islation which authorizes automatic U.S. citi- welfare and unemployment costs as they be- watchful and alert to threats to the dignity of zenship for three categories of legal perma- come working, taxpaying citizens. Congress supports Job Corps because it is a proven na- workers and always working and fighting for nent residents: Persons who have resided in tional program for at-risk young people which fair pay and fair treatment. He has worked to the United States for at least 20 years; per- gets results. gain benefits such as health care, pensions, sons who have worked and paid Social Secu- and parental leave, not only for his own family, rity taxes for at least 40 quarters; persons who I recently spent time with the students at the are at least 70 years old and who have lived Gadsden Job Corps Center and I was very im- but for the whole union family. legally in the United States for at least 5 pressed by their enthusiasm, energy, and Mr. Speaker, I join labor leaders and many years; and persons who are U.S. veterans commitment to improving their lives and con- others in San Diego in congratulating Dave with an honorable discharge. tributing to their community. I remain commit- Moore on receiving the Labor Leader of the Current requirements for naturalization are ted to the investment that we make in these Year Award from the San Diego Building & retained including that of: Good moral char- young people through the Job Corps program. Construction Trades Council. acter, attached to the principles of the Con- Job Corps works for America. E1598 CONGRESSIONAL RECORD — Extensions of Remarks September 12, 1996 AMERICA: A MELTING POT OR A IN HONOR OF MAGALI ROHADY ‘‘THANKS TO HOUSE DEMOCRATS’’ TOWER OF BABEL AND MINI MUNDO: FOR 25 YEARS OF DISTINGUISHED AND DEDI- HON. ROSA L. DeLAURO CATED SERVICE TO THE HIS- OF CONNECTICUT HON. TOBY ROTH PANIC COMMUNITY IN THE HOUSE OF REPRESENTATIVES OF WISCONSIN Thursday, September 12, 1996 IN THE HOUSE OF REPRESENTATIVES HON. ROBERT MENENDEZ Ms. DELAURO. Mr. Speaker, I rise to submit for the RECORD an article by the respected Thursday, September 12, 1996 OF NEW JERSEY nationally syndicated columnist Mark Shields, entitled, ``Thanks to House Democrats.'' I hope Mr. ROTH. Mr. Speaker, just before we re- IN THE HOUSE OF REPRESENTATIVES all of my colleagues take a moment to read cessed, this Congress finally began to show Thursday, September 12, 1996 his keen analysis. as much sense as the American people by In his column, Mr. Shields notes that the Mr. MENENDEZ. Mr. Speaker, I rise today overwhelmingly passing our bill to make Eng- Democrats' resurgence nationwide has re- lish the official language of the United States. to honor Magali Rohady, a committed individ- sulted from the steadfast resolve with which Make no mistake; this was an historic accom- ual and a professional. As the cofounder, edi- House Democrats have fought the Gingrich- plishment. For the first time in over two dec- tor, and director of Mini Mundo, she has con- Dole plan to slash Medicare to pay for tax ades, Congress has helped cement our na- tributed enormously to the Hispanic commu- breaks for the rich. The column clearly illus- tional unity by reinforcing our most important nities of Hudson, Paterson, Newark-Elizabeth, trates the Republican leadership's motive for common bond, the English language. After 25 and Perth Amboy, NJ for 25 years. She, along raiding Medicare to finance their lavish tax years of Great Society social experimentation, with her husband and cofounder Jose Rohady, breaks for their political allies and contributors. we are finally starting to reverse the tide. That will be honored on Sept. 15, 1996, during a As Mr. Shields notes, Speaker NEWT GING- historic vote we cast on the first of August was luncheon celebrating the 25th anniversary of RICH, Republican leader DICK ARMEY, Repub- the first step towards returning to a common Mini Mundo. lican whip TOM DELAY and Ways and Means sense policy of promoting American unity by Committee chairman BILL ARCHER all hail from Mini Mundo was founded in 1970. The mag- districts with virtually no seniors. In Mr. promoting the teaching and learning of Eng- azine, which focuses on various issues lish. Shield's words, ``These poor Republicans just throughout the Hispanic community, has been don't know that many voters on Medicare.'' But the battle has just begun. There is still in circulation for a quarter of a century. For Mr. Speaker, Mark Shields is absolutely so much more left to be done, starting with the more than 20 of those years, Magali Rohady right that the Republican assault on Medi- Senate acting on the bill we passed here in has been responsible for the successful han- careÐand House Democrats' determination to the House and sending an official English bill dling of Mini Mundo's publication. Her hard fight backÐhas changed political history in to the President for his signature. work and commitment to New Jersey's His- this country. The American people have re- A friend of mine from California, Tom Han- panic community has earned her over 200 jected the extreme agenda of the Republican son of the Southern California Republican awards and certificates of recognition and ap- revolution and are now looking to Democrats for commonsense answers to problems they Women organization, expressed very clearly preciation from community leaders and organi- confront in their daily lives. This remarkable why we need to make English our official lan- zations. She has been honored in past years turnabout is due, as the Shields column ex- guage in an article he wrote for their news- as honorary female marshal for the Puerto plains, ``Thanks to House Democrats.'' letter. I would like the text of his article to ap- Rican, Peruvian, Dominican, and Colombian [From the Washington Post, Sept. 9, 1996] pear in the CONGRESSIONAL RECORD at this Day parades and the only woman of Hispanic THANKS TO HOUSE DEMOCRATS point. descent to be selected as grand marshal of (By Mark Shields) AMERICA: A MELTING POT OR A TOWER OF the Hispanic/Italian Day parade. Dick Morris, a self-admitted political ge- BABEL Magali Rohady's accomplishments as editor nius, is obviously no fan of Blaise Pascal, the French philosopher-mathematician. It was (By Thomas E. Hanson) and director of Mini Mundo have won her ac- Pascal who wrote more than three centuries claim throughout the Hispanic community. Her The American people are confronted with a ago: ‘‘The only shame is to have none.’’ Dick very simple but extremely important choice: efforts and dedication to the magazine and to Morris is clearly without shame. should the United States once again become different Hispanic communities throughout Since resigning as President Clinton’s the Melting Pot it once was, or should it New Jersey reflect the kind of individual she most important campaign strategist after photographic evidence established his rela- continue becoming the modern day tower of truly is. She is an individual who has sacrificed tionship with a $200-an-hour prostitute, Mor- Babel? years of her life so that she can bring a ris, in uninterrupted exclusive interviews, Our nation became great because our peo- heightened awareness to the achievements, has been publicly taking bows for Clinton’s ple, while hailing from many cultures, joined issues, and problems confronting Hispanics political rehabilitation. Now comes the book together to live and work together for their today. For her years of distinguished service to tell how Morris single-handedly rescued individual and mutual benefit. They were in to the community of Paterson, NJ, Ms. Clinton from the political dust bin. What’s the United States to be Americans, not hy- next? The miniseries? The movie? Rohady, along with cofounder of Mini Mundo phenated Americans. The key to America’s Before this offensive myth goes any fur- success was and has been the ability of its and husband Jose Rohady, were given the ther, let the facts be known. Bill Clinton people to clearly and easily communicate key to the city of Paterson by Mayor Bill owes his political comeback far more to con- with each other, anywhere in the nation, Pascrell. gressional Democrats—from whom the through a single common language. Democratic president, at Morris’s importun- Today Mini Mundo continues to serve as a ing, did his best to distance himself—than he During recent years, however, there are reliable and valuable medium to Hispanics does to his now-departed evil genius. some in the United States who have em- throughout New Jersey. By keeping the peo- Let’s look at the record. On May 3, 1995, barked on a course that promotes personal ple in touch with news that affects them, Mini Rep. George Miller (D–Calif.) first presented and group interests at the expense of their the indictment on the House floor that was country. The United States is rapidly becom- Mundo will continue to contribute to the unity eventually to frame the case against the Re- ing a country of tribes that do not, and can- of the Hispanic community for many more publican House majority and Speaker Newt not, fluidly speak to with each other in a years to come. I commend Magali Rohady Gingrich. ‘‘The Republicans have come to common language. America is fast becoming and encourage her to continue her vital serv- face the fact that they cannot give tax cuts a nation divided, a condition that has been ice to the community as editor and director of to the wealthy, balance the budget and preserve Medicare, so now they are devising a and is being perpetuated by the misguided Mini Mundo. disguise of a bilingual society. plan by which they can make the cuts in I ask my colleagues today to join me in hon- Medicare to provide for the tax cuts for the When the people of a nation cannot easily oring this hard working and committed individ- wealthy.’’ talk to each other in a common tongue, they Reinforcing Miller in the Democrats’ accu- will no longer be able to live and work to- ual. Her accomplishments have won her the sation that the GOP’s $245 billion tax cuts gether. Is the United States going to be a fond admiration of Hispanic communities could only be financed by the GOP-backed Melting Pot or a Tower of Babel? throughout the State of New Jersey. $270 billion cuts in future Medicare spending September 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1599 were Reps. Rosa DeLauro (D–Conn.), Dick It has been nearly 80 years since the Con- courts and the U.S. Fish and Wildlife Service, Durbin (D–Ill.) and Frank Pallone (D–N.J.). gress enacted the Migratory Bird Treaty Act Fish and Wildlife Service, Division of Law En- Day after day, with no encouragement from [MBTA]. Since that time, there have been nu- forcement, however, disagree on what con- their president and with the unconcealed contempt of the president’s minions, con- merous congressional hearings and the estab- stitutes normal agricultural planting or harvest- gressional Democrats repeated the charge lishment of a distinguished Law Enforcement ing or the result of bona fide agricultural oper- and, in the process, changed political his- Advisory Commission. ations or procedures. tory. What there has not been is any meaningful Through hearings, the Congress has ad- Consider these numbers. In June of 1995, effort to revise or update this law. In my judg- dressed various aspects of the baiting issue barely six months into the Republican Revo- ment, it is time to carefully review this statute on many occasions during the last three dec- lution, according to a Wall Street Journal- and its accompanying regulations, and to ades. The baiting issue has also been ad- NBC News poll, the most Republican-identi- change those provisions which are unfairly pe- dressed by a Fish and Wildlife Service ap- fied age group in the electorate were voters over the age of 65. Not surprisingly, these nalizing many law-abiding citizens. While this pointed Law Advisory Commission. Sadly, ab- same older voters were the strongest reform is long overdue, my bill will in no way solutely nothing has resulted from these ex- generational supporters of the GOP agenda. undermine the fundamental goal of protecting aminations and the problems still persist. Just 13 months later, in July of 1996, there migratory bird resources. On May 15, 1996, a hearing was held be- had occurred absolutely no change in party Before explaining this legislation, I would fore the House Resources Committee, which I identification of all voters between the ages like to provide my colleagues with some back- chair, to review the problems associated with of 18 and 49. But among voters over the age ground on this issue. In 1918, Congress en- the MBTA regulations, their enforcement, and of 65, there had taken place a 20 percent acted the Migratory Bird Treaty Act, which im- the case law that has resulted from judicial rul- swing from the Republicans to the Demo- crats. Among these older voters, support for plemented the 1916 Convention for the Pro- ings. It was abundantly clear from this, and the GOP agenda had plummeted by 23 per- tection of Migratory Birds between Canada previous hearings, that the time has come for cent. At the same time, for all voters under and the United States. This Convention has the Congress to substantively address the the age of 65, the corresponding drop in sup- now been expanded to include Mexico and problem through comprehensive legislation. port for the GOP agenda had been within the Russia. The Convention and the act are de- From a historical review, it is obvious that the poll’s margin of error. Every analysis attrib- signed to protect and manage migratory birds problems have not, and will not, be corrected uted the huge shift among over-65 voters not as well as regulate the taking of that renew- either administratively or by future judicial rul- to Clinton’s endorsement of school uniforms able resource. ings. or teenage curfews but to his opposition to Therefore, the Congress has an obligation the Republicans’ using reductions in Medi- As part of appropriate regulation and man- care to finance Republican tax cuts. agement, certain restrictions have been im- to present rational and concise solutions to All through 1995, Clinton, strongly urged posed over the years on the taking of migra- correct the injustices that now exist. It is also by Dick Morris, tried to reach a budget com- tory birds by hunters. Many of these prohibi- important that guidance be provided to law en- promise with the Republican majority on tions were recommended by sportsmen who forcement officials who are charged with the Capitol Hill. The president dearly wanted a felt that certain restrictions were necessary to responsibility of enforcing the law and the ac- deal that could win the backing of 100 House protect and manage migratory bird popu- companying regulations. Democrats. But by then, because the Demo- It must be underscored that sportsmen, law cratic leadership’s case had been made so ef- lations. Those regulations have clearly had a fectively, both in the country and in Con- positive impact and have helped to maintain enforcement officials and, indeed, Members of gress, there was no way half the House viable migratory bird populations, despite the Congress all share the fundamental intent of Democrats could support a budget com- loss of natural habitat due to agricultural ex- the Migratory Bird Treaty Act that our migra- promise blessed by Gingrich and Majority pansion and industrial development. tory bird resources must be protected from Leader Dick Armey (R–Tex.). The steel in Since the passage of the act and the devel- overexploitation. As mentioned above, many Clinton’s spine was put there by House opment of the regulatory scheme, various of the regulations restricting the methods and Democrats. legal issues have been raised and most have manner of taking migratory birds were sug- Why were such successful politicians as gested by sportsmen. Sportsmen have histori- Gingrich and Armey so tone deaf to the pop- been resolved. However, one restriction re- ular Democratic chorus on Medicare and tax garding the taking of migratory birds which cally demonstrated that they are dedicated to cuts? have generated more controversy than any the wise use of renewable wildlife resources One explanation for the apparent GOP ob- other is the restriction that prohibits hunting through reasoned management and enforce- tuseness could be found in the Census Bu- migratory birds ``by the aid of baiting, or on or ment of appropriate regulations. reau. According to the most recent figures, over any baited area''. This controversy has Over the years, various prohibitions on the when all of the 435 congressional districts not been satisfactorily resolved. This prohibi- manner and methods of taking migratory birds are ranked by percentage of their population have been embodied in regulations. Many of aged 65 and over, all but one of the nine dis- tion has been at issue for two reasons. tricts with the fewest voters over 65 are held First, by case law in the Federal courts, a these prohibitions are decades old and have by Republicans. Ninth from the bottom is doctrine has developed where the actual guilt the support of all persons concerned with pro- the district of House GOP Whip Tom DeLay or innocence of an individual hunting migratory tecting migratory birds. Consequently, it would of Texas. Fifth lowest is House Ways and birds on a baited field is not an issue. If it is be prudent to put these regulations in a stat- Means Chairman Bill Archer, also of Texas. determined that bait is present, and the hunter ute where all restrictions are contained in a Fourth lowest is Gingrich himself, and the is there, he is guilty under the doctrine of strict single document. The Secretary of the Interior House member representing the second low- liability, regardless of whether there was annually makes certain findings regarding bag est number of senior voters in the United knowledge or intent. Courts have ruled that it limits, duration of seasons, and other findings. States is Armey. These poor Republicans just don’t know that many voters on Medi- is not relevant that the hunter did not know or The proposed legislation does not restrict or care. could not have reasonably known bait was alter that duty nor does it prohibit additional So, if credit or blame is to be given for present. Understandably, there has been regulation of migratory bird hunting, including Clinton’s ‘‘standing on principle’’ on Medi- much concern over the injustice of this doc- hunting methods. However, this proposed leg- care and taxes, and consequently rising in trine. islation does embody all of the current regula- the polls, then history requires that it be A second point of controversy is the related tions promulgated over the years and con- given to those liberal House Democrats. issue of the zone of influence that such bait tained in the Code of Federal Regulations. f has in actually luring or attracting migratory Second, the fundamental purpose of the Mi- INTRODUCTION OF THE MIGRA- birds to a hunting site. Currently, the courts gratory Bird Treaty Reform Act of 1996 is to TORY BIRD TREATY REFORM have developed the zone of influence concept address the baiting issue. Under section 3 of ACT OF 1996 in which limitation is defined by whether such the proposed legislation, no person may take bait could act as an effective lure or attraction migratory birds by the aid of bait, or on or over HON. DON YOUNG and without regard for any other factors that bait, where that person knew or should have may have influenced the migratory bird. Again, known the bait was present. The provision re- OF ALASKA a number of hunters have been unfairly pros- moves the strict liability interpretation made IN THE HOUSE OF REPRESENTATIVES ecuted by the blanket application of this doc- first by a Federal court in Kentucky in 1939, Thursday, September 12, 1996 trine. and presently followed by a majority, but not Mr. YOUNG of Alaska. Mr. Speaker, I am Under the current regulations, grains scat- all, of Federal courts. By this amendment, uni- pleased to introduce today the Migratory Bird tered as a result of agricultural pursuits are formity in the application of the prohibition is Treaty Reform Act of 1996. not considered bait as the term is used. The established. E1600 CONGRESSIONAL RECORD — Extensions of Remarks September 12, 1996 As important, however, is the establishment kernels of corn found in a wheat field next to Congressional Jewish Summer Reading List'' of a standard that permits a determination of a fresh water river, the bait was clearly not the be printed at this point in the RECORD. the actual guilt of the defendant. If the facts reason migratory birds were in the hunting A CONGRESSIONAL JEWISH SUMMER READING demonstrate that the hunter knew or should area. First, it was not intentionally placed there LIST have known of the alleged bait, liabilityÐwhich and, second, it could not be considered an ef- (By Neal Sher) includes fines and potential incarcerationÐwill fective lure or attraction under the factual cir- By all accounts, Israeli Prime Minister be imposed. If by the evidence, however, the cumstances. Again, however, these are ques- Benjamin Netanyahu received a warm and hunter could not have reasonably known that tions of fact to be determined in a court of law. enthusiastic reception on Capitol Hill earlier the alleged bait was present, liability would not Currently, evidence of these matters is entirely this month. His address to a joint meeting of be imposed and guilt will not be assessed. excluded as irrelevant under the strict liability the House and Senate was a smashing success as he was repeatedly interrupted by ap- This would be a question of fact to be deter- doctrine. plause and standing ovations. mined by the court based on the totality of the In 1934, Congress enacted the Migratory The image widely conveyed—the speech evidence presented. Bird Conservation Act as a mechanism to pro- was broadcast worldwide—was that of a love Furthermore, under section 3 of the provide badly needed funds to purchase suitable affair between Israel’s new leader and the posed legislation, the exceptions to baiting habitat for migratory birds. Today, that need American Congress. Nothing wrong with prohibitions contained in Federal regulations still exists and section 4 of my legislation will that. have been amended to permit exemption for require that all fines and penalties collected Moreover, I am told that Netanyahu’s private meetings with congressional leadership grains found on a hunting site as a result of under the MBTA will be deposited into the Mi- also went exceedingly well. The prime min- normal agricultural planting and harvesting as gratory Bird Conservation Fund. This is an es- ister not only stayed on messages (he con- well as normal agricultural operations and pro- sential reform and it is critical to the long-term ceded nothing with respect to his views on cedures. The proposed amendment maintains survival of our migratory bird populations. the peace process, to the chagrin of some the intent of the current exceptions contained Finally, this measure proposes that seized U.S. officials), but also, his experience with in the regulations but removes ambiguity and personal property can be returned to the and understanding of our political scene en- establishes guidelines for both the hunter and owner by way of a bond or other surety, prior abled him to impress and charm his hosts. the law enforcement official. to trial, at the discretion of the court. No doubt about it: Bibi’s first foray to the To determine what is a normal agricultural Hill as prime minister could not have gone Mr. Speaker, the purpose of the proposed better. operation and procedure in a given region, the Migratory Bird Treaty Reform Act is to provide For those of us who care deeply about Is- Fish and Wildlife Service will be required to clear guidance to landowners, hunters, law en- rael, this is nothing but good news. But let’s annually publish in the Federal Register a no- forcement officials, and the courts on what the not fool ourselves. The prime minister’s re- tice for public comment defining what is a nor- restrictions are on the taking of migratory ception was part of the obligatory honey- mal agricultural operation or procedure in birds. The conflict within the Federal judicial moon period. As Netanyahu undoubtedly given areas. This determination is to be made system and the inconsistent application of en- knows, it will take much more than personal only after meaningful consultation with rel- forcement within the U.S. Fish and Wildlife charm and gravitas to keep this, and any fu- evant State and Federal agencies and an op- ture, Congress staunchly pro-Israel. Al- Service must be resolved. The proposed legis- though no one can predict with certainty portunity for public comment. Again, the goal lation accomplishes that objective without, in what the next Middle East developments will of this effort is to provide uniformity and clarity any manner, weakening the intent of current be, there are enough hot-button issues (the to landowners and hunters so that they know restrictions on the method and manner of tak- future of settlements, Jerusalem, terrorism) what is a normal agricultural operation for their ing migratory birds; nor do the proposed provi- to be concerned about the potential for ten- respective region. sions weaken protection of the resource. Fi- sion in U.S.-Israel relations. In addition, the proposed legislation permits nally, the proposed legislation does not alter To be sure, the Clinton Administration has the scattering of various substances, like been the most pro-Israel administration in or restrict the Secretary of the Interior's ability history. No contest there. grains and seeds, which would now be consid- to promulgate annual regulations nor inhibit But the White House is only part of the ered bait, if it is done to feed farm animals the issuance of further restrictions on the tak- equation. The key battles are fought in the and is a normal agricultural operation or pro- ing of migratory birds. halls of Congress, where we must not lose cedure in a given area, as recognized by the While there may be only a few legislative sight of an essential fact of political life: The Fish and Wildlife Service and published in the days left in this session, I am introducing this pro-Israel agenda needs constant attention Federal Register. This change will clarify case legislation to stimulate debate on this issue. I and nurturing. This becomes clear when one law where it was determined that such an ag- would welcome the input and recommenda- analyzes the makeup of Congress: well over ricultural procedure was not considered an ex- 50 percent of members have been elected tions of all interested parties. I intend to re- within the last six years, and that number is ception since it did not constitute planting or introduce this measure early in the new Con- certain to grow after November. harvesting. gress. Let me be clear The intent of this pro- More critically, the overwhelming major- Finally, the term bait is defined as the `ìn- posal is to provide clarity for both the hunter ity were born after the Holocaust and the tentional'' placing of the offending grain, salt, and the law enforcement community without creation of the State of Israel. We know or other feed. This concept removes from vio- undermining the protection of our precious mi- these to be turning points in the history of lation the accidental appearance of bait at or gratory bird resources. I urge my colleagues to our people; our legislators may view them as near the hunting venue. There have been carefully examine the Migratory Bird Treaty simply historical events with which they cases where hunters have been charged cannot identify. Reform Act of 1996. Although that is understandable, the fact under the baiting regulations for grain found f remains that many of our lawmakers lack a on a public road obviously spilled from deliv- crucial historical perspective. Dwindling is ery to another site. It also removes as a viola- READING LIST the number of veteran members who lived tion the minimum evidence of foreign grain through World War II and/or the tough form- found in a field where it was proved to be HON. ELIOT L. ENGEL ative years of Israel’s existence. Their support for Israel was much more from the present as the result of inadvertently being OF NEW YORK ‘‘gut,’’ as we say; they felt it in their mixed in with other seed grain by the seller of IN THE HOUSE OF REPRESENTATIVES the seed. Further, it removes from violation kishkas. Thursday, September 12, 1996 This void of historical and emotional back- such cases where the minimal foreign grain ground among the younger members can be came to be present as a result of being de- Mr. ENGEL. Mr. Speaker, I recommend to filled only through constant attention and posited by animals or running water. These my colleagues this column and reading list education by the pro-Israel community. To examples are actual cases where citations prepared by Neal Sher, former Director of the that end, I would like to respectfully rec- were given for violations of the baiting regula- Department of Justice's Office of Special In- ommend to members of Congress—as they tions. vestigations and, more recently, executive di- prepare to leave Washington from the sum- Under the proposed legislation, the hunter rector of the American Israel Public Affairs mer recess—a few books for vacation read- would also be permitted to introduce evidence Committee. While Mr. Sher suggested these ing. There is, of course, a great wealth of material on Israel and Jewish history and, at trial as to what degree the alleged bait books for summer reading, I propose to my no doubt, every reader has his or her own fa- acted as the lure or attraction to the migratory colleagues and all Americans that they be vorites. My suggestions are, I believe, excel- birds in a given area. In cases where 13 ker- read year round. lent starting points because they are not nels of corn were found in a pond in the mid- Mr. Speaker, I ask unanimous consent that only powerful resources, they are good reads dle of a 300-acre field planted in corn or 34 the text of an article by Neal Sher entitled `À as well. September 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1601 The Abandonment of the Jews, by David served the needs of our country and fought for have much to be proud of today, and I am Wyman. A riveting, impeccably researched the principles and ideals of America all over pleased to extend my best wishes and con- book that documents the utter failure of the the globe can depend on the support of an or- gratulations to Coteau des Prairies Hospital American government to undertake any serious or meaningful efforts to rescue the Jews ganization like Post No. 6328 back home in and its friends for continued great success. of Europe until the World War II was nearly upstate New York. f Mr. Speaker, the service of the Col. Elmer over. The duplicitous role of State Depart- THE PRESIDENT’S ECONOMIC ment officials—who simply did not want an E. Ellsworth Post in Mechanicville is worthy of influx of Eastern European Jews—is set forth significant recognition. This post, and others POLICIES ARE WORKING in infuriating detail. Wyman also describes like it, are the reason I fought so hard to attain how the U.S. Jewish community, which Department level status for Veterans' Affairs. HON. CAROLYN B. MALONEY lacked political sophistication and clout, When Ronald Reagan signed that legislation OF NEW YORK failed to mount any effective effort in this into law, veterans were finally afforded the de- IN THE HOUSE OF REPRESENTATIVES life-and-death struggle. Night, by Elie Wiesel. An overpowering gree of national consideration they deserve. Thursday, September 12, 1996 The efforts of VFW posts like this one, Mr. personal account of the unthinkable by the Mrs. MALONEY. Mr. Speaker, this past Sat- Speaker, having served the needs of veterans man I believe to be the moral conscience of urday, former Senator Dole, now the Repub- our times. since 1946, assured veterans the assistance lican candidate for President, said in his radio Survival of Auschwitz, by Primo Levi. and recognition they deserved prior to ap- address: Levi, an Italian chemist who took his own proval of this Government department and The Congressional Joint Economic Com- life several years ago, provides one of the continue to encourage fair consideration of most moving and powerful accounts of the mittee reports that last year 66 countries Holocaust. veterans' issues. And it is because of their had economic growth rates that surpassed Jews, God and History, by Max I. Dimont. support that several short months ago, I was ours. The president may think that when it Dimont tells the story of our people through- able to pass an amendment to increase the comes to economic growth, 67th place is good out history and how Jews have made major dollar for veterans' hospitals by $40 million. enough, but I do not. I want America to lead contributions to every society in which they For all of this and much, much more, Mr. the world again in terms of economic have lived. Speaker, we owe Post No. 6328 a tremen- growth, rising incomes, and greater job op- The Siege, by Connor Cruise O’Brien. An dous debt of gratitude. portunities. enlightening and effective book about Israel The famous historian George Santayana As a member of the Joint Economic Com- and the myriad of conflicts and difficulties mittee, I want Mr. Dole to know what my side she has confronted (and still confronts). once said, ``Those who do not remember his- Exodus, by Leon Uris. For my money, no tory are bound to repeat it.'' VFW posts all of the committee thinks. In building his bridge reading list such as this one is complete across America have not forgotten the past or to America's past, Mr. Dole must have over- without this classic. those men and women who made the ultimate looked the present. Just look at the good Finally, for those interested in history, sacrifice for our country. I ask all Members in news about the economy that came out in the justice and intrigue, I must recommend The the House to rise in tribute to VFW Post No. 2 weeks before he spoke. One week before House on Garibaldi Street, which recounts 6328 and join me in saluting all the members, his speech, the Commerce Department's Bu- the capture of Adolf Eichmann. The kidnap- reau of Economic Analysis revised the second ping put the Mossad on the map, and the past and present, on the occasion of their 50th Eichmann trial helped legitimize the Israeli anniversary. quarter growth rate of the Gross Domestic legal system in the eyes of the world. Writ- f Product upward to 4.8 percent. Exports and ten by Isser Harel, the legendary Mossad business investment showed strong upward Chief who directed this daring operation, it CONGRATULATIONS TO COTEAU movement. reads like a mystery novel. It is, however, DES PRAIRIE HOSPITAL Tuesday, before he spoke, the Conference the definitive account of what really hap- Board reported the index of leading economic pened. HON. TIM JOHNSON indicators, which projects the economy's By the way, although my list is offered for health for the next 6 to 9 months, reached a Congress, you also cannot go wrong with any OF SOUTH DAKOTA of these selections. At a time when there is IN THE HOUSE OF REPRESENTATIVES record high. And last Friday, before the Joint Economic so much lamenting about the future of our Thursday, September 12, 1996 people, we must remember the past. Committee, the Commissioner of the Bureau f Mr. JOHNSON of South Dakota. Mr. Speak- of Labor Statistics reported that 250,000 jobs er, today I would like to take this opportunity were created last month. This builds, on the A TRIBUTE TO THE COL. ELMER E. to publicly congratulate the Coteau des Prai- nearly 200,000 jobs we created in July, and ELLSWORTH VFW POST NO. 6328 ries Hospital in Sisseton, SD on their new ad- on the 10.5 million in the President's first 31¤2 dition and remodeling project as they cele- years in office. HON. GERALD B.H. SOLOMON brate their 29th anniversary during the open A report in the June issue of the Monthly OF NEW YORK house on Sunday, September 15, 1996. Labor Review, which the Bureau of Labor Sta- IN THE HOUSE OF REPRESENTATIVES I regret that I cannot personally attend this tistics publishes, showed that between 1993 ceremony, but I want to share my hearty con- and 1995, jobs in relatively higher-earning oc- Thursday, September 12, 1996 gratulations to all associated with the Coteau cupations and industries grew at almost twice Mr. SOLOMON. Mr. Speaker, it is my pleas- des Prairies Hospital, as well as the entire the rate as jobs in comparatively lower-earning ure to commemorate the golden anniversary Sisseton community. All of the effort and hard occupations and industries. of Veterans of Foreign Wars Post No. 6328. work that went into making this new addition In August, the share of women with jobs This post, I am proud to say, is based in and remodeling project a reality should be reached a record high of 57.2 percentÐthe Mechanicville, NY, in the heart of my congres- commended, and everyone who has partici- highest employment record for women in our sional district, and is celebrating its 50th year pated has reason to be proud. Nation's history. In part, this is a result of of service. And this post personifies the out- I also would like to take this opportunity to changes in the Earned Income Tax Credit that standing efforts of the entire nationwide mem- commend the outstanding staff of the hospital lowered the taxes for most single mothers, bership to promote a strong national defense and the Sisseton area citizens who have loy- and therefore made work more desirable. A and to help veterans and their families. And ally committed themselves and their resources Democratic-controlled Congress passed that that is one reason I was so pleased to be toward building the excellent reputation that tax cut without a single Republican vote. And awarded the VFW National Commander's the Coteau des Prairies Hospital so deserv- part of the good labor market outcome for Congressional Award several years ago. edly possesses today. This hospital addition women is a result of the Family and Medical The VFW, Mr. Speaker, has been an orga- and remodeling project is a clear sign of a Leave Act signed by President Clinton after nization of exceptional merit and service to the thriving community which is continuing to pro- President Bush stalled its passage. That act needs of many veterans. It is only appropriate vide important services for northeast South made sure a woman would not have to that those brave men and women who placed Dakota. choose between having a job and taking care themselves in harms way overseas be rep- A strong, economically viable hospital in of a sick child. resented by such an able organization. The Sisseton is absolutely essential for providing a Mr. Dole promises fiscal responsibility. How- members of Post No. 6328 have been receiv- high quality of life for people of the area, and ever, look at the record we Democrats have ing just such outstanding service for 50 years for promoting economic development in the delivered. Before leaving office in 1993, Presi- now. It is comforting to know that those who community. The people of the Sisseton area dent Bush's Council of Economic Advisers left E1602 CONGRESSIONAL RECORD — Extensions of Remarks September 12, 1996 an economic report for the President. In it, Americans want to see wages and take- Mr. Speaker, I invite you and all of our col- they forecasted how well the economy would home pay rise. Since January 1993, we at leagues to join me in congratulating all of this perform, and what size the size of the Federal least have seen the 12-year decline in real year's honorees and the Flint Hispanic com- budget deficit would be following President wages come to a halt. We Democrats fought munity as they celebrate the diversity that Bush's economic program. to lower the tax burden of low-income, working makes this country great. Their most optimistic forecast was for the families by increasing the Earned Income Tax f deficit to be $201 billion in 1996. Under Presi- Credit, and raising the wages of low-income dent Clinton's leadership, the Congressional workers from the 40-year low in terms of pur- TRIBUTE TO MARTHA FALK Budget Office projects the deficit to be $116 chasing power that they were experiencing billion in 1996. That's $85 billion less than the through passage of a minimum wage hike. It HON. CHRISTOPHER SHAYS rosiest projection President Bush promised. was only fair. It was a hard fight. But we OF CONNECTICUT And remember there was not one single Re- Democrats never gave up, and the Repub- IN THE HOUSE OF REPRESENTATIVES publican vote for the President Clinton deficit licans finally caved in. reduction plan. I am proud of the economic record we Thursday, September 12, 1996 After 31¤2 years under President Clinton, we Democrats have accomplished in the last 4 Mr. SHAYS. Mr. Speaker, I rise today with have the lowest combined rates of unemploy- years. We still have a great deal more to do, great pleasure and distinct honor to wish Mar- ment, inflation, and mortgage rates since the but Americans now know we are on the right tha Falk of Darien, CT, a very happy 100th 1960'sÐwhich is the biggest tax cut of all for track. As President Clinton says, we must birthday. working Americans and retirees on fixed in- build a bridge to the future. It is not a toll Martha's leadership in founding 60 Plus, as comes. bridge because it will be a bridge paid for by well as her continued commitment to Chil- And the listen to the words of Alan Green- careful planning. We don't need a bridge to dren's Aid, participation in each Memorial Day span, the Chairman of the Federal Reserve the past, built with IOU's and growing deficits Parade and devotion to numerous charitable Board. Testifying before the Joint Economic that mortgage our future. We don't need to go organizations, are an inspiration to us all. Committee in January 1994, Dr. Greenspan back to slow job growth, and fewer opportuni- We salute Martha for being such an out- clearly stated what he felt was the cause of ties. We need to look forward. standing, vivacious role model for her peers the speedup in economic growth: f and the community. Darien is a better place to The actions last year to reduce the federal live and work thanks to Martha's humorous NATIONAL HISPANIC HERITAGE budget deficit have been instrumental in cre- outlook and dedication to improving and en- ating the basis for declining inflation expec- MONTH tations and easing pressures on long-term in- hancing the lives of others. terest rates. . . . What I argued at the time Martha is a real treasure! She can look back is that the purpose of getting a lower budget HON. JAMES A. BARCIA on a long and fulfilling life with the satisfaction deficit was essentially to improve the long- OF MICHIGAN of having made a significant contribution and term outlook, and that if the deficit reduc- IN THE HOUSE OF REPRESENTATIVES look ahead to the opportunity to add to these tion is credible, then the long-term outlook Thursday, September 12, 1996 precious memories. gets discounted up-front. Indeed, that is pre- I am proud to have Martha Falk as a con- cisely what is happening . . . . I think a sub- Mr. BARCIA. Mr. Speaker, the community stantial part of the improvement in eco- and diversity of the United States have always stituent and wish her continued happiness and nomic activity and the low rates of inflation been our greatest strengths. I rise today to success. can be directly related to a changing finan- pay tribute to a group whose sense of commu- f cial expectation that we might finally be nity is as strong as the country they represent, ST. PATRICK’S CHURCH 75TH coming to grips with this very severe prob- the Hispanic community of Flint. lem. A community is more than simply the indi- ANNIVERSARY That was in 1994. He is not crediting shut- vidual people who belong to it. A community ting down the Government, and holding need- is people volunteering to help their neighbors HON. PAUL E. KANJORSKI ed Government services hostage to unfair in times of need, people taking charge and or- OF PENNSYLVANIA budget deals, for making financial markets be- ganizing to make that community a better IN THE HOUSE OF REPRESENTATIVES lieve that new and better fiscal management place. The Hispanic community of Flint knows Thursday, September 12, 1996 was finally in place. Dr. Greenspan was credit- what it takes to be a strong, caring commu- ing the President's 1993 budget plan with the nity. But simply knowing is not enough. That's Mr. KANJORSKI. Mr. Speaker, I rise today substantial part of the improvement in eco- why the Hispanic community has excelled in to pay tribute to St. Patrick's Church in Wilkes- nomic activity and the low rates of inflation. service and volunteerism to help their commu- Barre, PA. St. Patrick's is celebrating its 75th While the rest of America that is experienc- nity, the United States, grow and succeed. anniversary on September 15, 1996. I am ing steady job growth, increased consumer For this reason the month of September 15 pleased to have been asked to participate in confidence, and a Federal deficit that has through October 15 has been designated ``Na- the recognition of this milestone. been cut in half, Mr. Dole is contending that tional Hispanic Heritage Month.'' In celebra- Mr. Speaker, in 1921 a group of 400 fami- he has policies that would have made the tion, the Flint Hispanic community holds its an- lies formed a new parish called St. Patrick's. economy perform even better. What are these nual Hispanic Awards Ceremony on Septem- The Reverend John Lynott celebrated mass new ideas? In fact, they are not new at all: ber 14. Members of the Hispanic community for the group in the Sterling Theater. The the- they are the same policies that ballooned our who have given selflessly of themselves in the ater held the parish for a year before they deficits in the first place. Except for the inter- areas of education, labor, leadership, and moved to their own home in a small base- est on the debt created during the Reagan service will be honored. An additional award ment. and Bush years, our current budget would be will be presented to a veteran, Mr. Aleucion In 1929, on the same site, the cornerstone running a surplus. So as for retreading these Duran, who exemplifies the highest ideals of was laid for a new structure which was to be- failed policies of the 1980's, in the language of service to our country. come the present St. Patrick's church. The the new generation: ``Been there, done that, This year the Pete Mata Scholarship Award stones of the building had great significance to don't want to go there again.'' will be presented to Ms. Holly Saultsman, the members. Reflecting the Irish heritage of Still, Mr. Dole promises growth that could while the Pete Mata Jr. Leadership Award is many of the parishioners, one stone was generate more jobs. Again, look at the record. being presented to Mr. Pete Mata. Dr. brought from Ireland where it was taken from President Bush's Council of Economic Advis- Eduardo Lorenzo will receive the Tano a spot near the grave of St. Patrick. Another ers predicted that, following President Bush's Resendez Service Award and Mr. Roel Mar- stone came from the Vatican Mausoleum in economic policies, the unemployment rate tinez the Bruno Valdez Arts/Entertainment Italy. would be 6.2 percent in 1994 and 5.7 percent Award. The Award for Special Recognition will Mr. Speaker, in 1930 Bishop Thomas in 1995. President Clinton's policies delivered go to Mr. Domingo Berlanga, while the Labor O'Reilly dedicated the new church building for actual unemployment rates of 6.1 percent in Involvement Award will go to Ms. Estela Mata. the parish of St. Patrick's. Since then the par- 1994 and 5.6 percent in 1995. And while the For outstanding service in the field of edu- ish has faithfully ministered to the Irish com- Bush administration was going to be satisfied cation, the Joe Benavidez Award will be pre- munity in the Wilkes-Barre area for 75 years. with an average unemployment rate of 5.4 sented to Ms. Janie Rubio while Ms. Lorena Since its humble beginning in 1921, a succes- percent in 1996, we have already lowered un- Gonzalez will be honored with the Maria sion of pastors have provided spiritual guid- employment this year to 5.1 percent. Deleary Scholarship Award. ance to generations of parishioners. As the September 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1603 Wyoming Valley has changed, so has St. Pat- ters for Disease Control and Prevention, gun- compared to a national average expenditure rick's. The church's current vibrancy and dedi- fire will have surpassed auto accidents as the for all hospitals of $23,500. cation reflects its commitment to the Wyoming leading cause of injury and heath in the United A national survey of the Nation's safety-net Valley community. States. Unlike victims of car crashes, who are hospitals found that a lack of available hospital Mr. Speaker, I am pleased to bring this almost always privately insured, 4 out of 5 beds is resulting in severe overcrowding. Hos- milestone anniversary to the attention of my gunshot victims are on public assistance. pital corridors surrounding emergency rooms colleagues and to send my best wishes for the More than 60 urban trauma centers have al- have begun to resemble triage units at the continued prosperity of St. Patrick's Church. ready closed in the past 10 years, leaving less height of a military campaign. A recent study f than one-quarter of the Nation's population re- showed that 50 percent of the hospitals in the siding anywhere near a trauma center. Gun- three most severely impacted areas, Los An- ESSENTIAL HEALTH FACILITIES shot wounds account for fewer than 1 percent geles, Detroit, and New York were forced to INVESTMENT ACT OF 1996 of injuries in hospitals nationwide but account restrict emergency department access over 25 for roughly 9 percent of injury treatment costs. percent of the time. This is occurring in spite HON. FORTNEY PETE STARK It is estimated that for every 1 of the 40,000 of the fact that the occupancy rates of all hos- OF CALIFORNIA patients who die from a gunshot wound annu- pitals have steadily decreased during the last IN THE HOUSE OF REPRESENTATIVES ally, 3 others are injured seriously enough to decade and are now barely above 60 percent. Thursday, September 12, 1996 be hospitalized. The average occupancy rate for safety-net Yet another assault on urban hospitals hospitals is roughly 82 percent with some re- Mr. STARK. Mr. Speaker, today, I am intro- comes from the influence of managed care or- porting 100 percent, while private urban hos- ducing the Essential Health Facilities Invest- ganizations. Managed care's ability to bring pitals averaged just 67 percent. At any given ment Act of 1996. This legislation will provide tougher competition to the health care sector time, approximately one-third of America's a financial helping hand to those hospitals and has decreased the urban safety-net hospital's 924,000 staffed hospital beds are empty. Our health centers that are in the frontlines of ability to cost-shift to offset some of the heavy national priorities have created an excess of dealing with our national health care crisis. losses incurred providing uncompensated beds in areas where the need doesn't exist This legislation allows for the expansion of care. As a result, according to a June 1996, and a severe shortage in areas where the de- community health services and the capital Prospective Payment Assessment Commis- mand is bulging at the seams. This bill at- needs of safety-net health care facilities while sion [ProPAC] report, hospitals in urban areas tempts to relieve some of the pressure built up at the same time attempting to limit the further with high managed care penetration saw their within the safety-net system. duplication of unnecessary high-technology payment-to-cost ratio decrease by 2 percent It is wise to remember that while the eco- services. from 1992 to 1994. Declining margins have nomic viability of these urban safety-net hos- This bill is similar to legislation that a num- forced many urban hospitals to cut their level pitals is crucial for the medically underserved ber of us introduced in the 103d Congress and of charity care. ProPAC found that uncompen- of America, these same hospital systems often which was included in the national health re- sated care fell by 4.5 percent during the same provide specialty care services used by every- form legislation that was approved by the time period, clear evidence that more and one in the community. Burn, neonatal units, Ways and Means Committee. I am introducing more of the burden is being shifted to the pub- trauma care centers, and other highly special- this bill now so that groups may focus on it lic safety-net hospitals. ized tertiary care services are located within before the start of the 105th Congress to see OUTLINE OF THE ESSENTIAL HEALTH FACILITIES safety-net hospitals. All members of a commu- what changes they would recommend and, if INVESTMENT ACT OF 1996 nity benefit from both a well-maintained safety- they agree with the goals of the legislation, In title I of this legislation, Medicare's Es- net hospital and a broad network of commu- begin to work for the passage of such legisla- sential Access Community Hospital Program nity health centers. tion in the New Congress. [EACH] would be expanded to all States and Health care institutions have historically In this time of continually shrinking budgets a new urban Essential Community Provider found it difficult to secure financing for capital and fiscal austerity, it is more important than Program [ECP] would be created. Funding renovation and expansion products. The fi- ever to appropriate Federal moneys in the would be provided for the creation of hospital nancing exists within the market, but the level most cost-effective manner available while and community health clinic networks that im- of debt service required to often too burden- reaping the most benefit for all of our citizens. prove the organization, delivery, and access to some for the public institution to manage. In terms of health care, this means establish- preventive, primary, and acute care services Even when revenue bonds may be supported ing and expanding community health pro- for underserved populations. by local means, oftentimes the bond ratings grams designed to provide low cost primary In title II, financial assistance for capital are too low and thus the interest rates are too care to underserved populations to avoid sub- needs would be provided by the Secretary of high. Afterall, these safety-net hospitals treat a sequent high-cost emergency room visits. In HHS to safety-net facilities which serve a dis- high proportion of low-income patients result- addition, we must help to support those not- proportionate share of uninsured and low-in- ing in lower operating margins. These ratings for-profit and public hospitals that deal with a come patients. Funds for this legislation would often have little to do with the ability of hos- disproportionate number of uninsured patients. be provided by a one-half percent on hospital pital administrators to manage their facilities Urban public hospitals averaged over 19,000 gross receipts tax. well. It is more often the case that market ana- admissions, 242,000 outpatient visits, and In title III, financial and technical assistance lysts consider the local appropriations that nearly 4,000 live births per hospital in 1986. In would be provided to States engaged in re- sustain these facilities to be too uncertain. comparison, urban private hospitals in the view of capital expenditures for health care fa- Thus, the facility is simply prohibited from se- same areas registered just 7,000 admissions, cilities and high-technology equipment. Con- curing the needed capital. 50,000 outpatients visits, and 760 live births. sideration of alternative, less costly, and exist- For the facilities with the greatest demand These safety-net facilitiesÐthe public and noting services would be considered before any placed upon them in our inner-city and rural for-profit hospitals that serve a disproportion- funds would be distributed. areas, the traditional method of financing, Fed- ate share of uninsured and low-income pa- REBUILDING THE URBAN SAFETY NET eral funding, is no longer available. Many of tientsÐare in essence the family doctor for Even though these essential access facili- these facilities were originally built with grants many in our country. Though it would be far ties fulfill a pivotal role in our Nation's health or loans under the Hill-Burton Program. These better to incorporate the uninsured into our na- care system, their infrastructure suffers from funds have not been available for years. The tional insurance pools, giving them access to gross neglect and under-investment. The lack of Federal moneys available to repair and any health care facility they choose to visit, buildings and systems that comprise this safe- rebuild these facilities combined with the strain the stark reality is that they are dependent ty net are often antiquated. Without future re- on the resources of local governments, means upon these safety-net hospitals for any and all investment, the holes in this system will con- the capital needs of safety-net facilities have of their health care. tinue to grow, causing even more of America's gone unmet. Gun violence in our metropolitan areas adds underprivileged population to be medically This legislation does not propose that the to the burden that our safety-net hospitals abandoned. Federal Government take on a massive re- must bear. Roughly half of all urban safety-net The average age of the physical plant of building program like the Hill-Burton Program. hospitals are equipped with a trauma center urban, public hospitals is nearly 26 years, Nor does it propose that the Federal Govern- and thus are the first in line to treat the victims compared to a national average for all hos- ment take sole responsibility to solve this of America's growing obession with guns. By pitals of 7 years. The average capital expendi- problem. However, this legislation is designed the year 2003, according to the Federal Cen- ture for urban hospitals is $12,600 per bed to support State and local efforts to upgrade E1604 CONGRESSIONAL RECORD — Extensions of Remarks September 12, 1996 the capacity of these facilities. In drafting this quate hospital service. Safeguards and criteria tional reliable outcome studies for other ex- bill, we recognized that the Federal Govern- for the allocation of Capital Financing Trust, pensive, capital-intensive services become ment has limited resources it can tap for this EACH, and ECP funds must be satisfied in available, disbursement of Capital Financing purpose. Therefore to fund this program, a 0.5 order to avoid exacerbating the oversupply of Trust Fund for improvements will be depend- percentÐone half of 1 percentÐtax would be hospital beds. ent upon demonstration of adequate quality levied against the gross revenues of all hos- With 4.7 percent of the world's population, performance measured by the HCFA's chosen pitals. Hospital revenues received from Medic- we have one-half of the world's CT scanners quality outcome measurement. aid would not be subject to the tax. and about two-thirds of the world's magnetic EXPANDING THE EACH PROGRAM Revenue from this relatively modest trust resonance imagers [MRI's]. In 1987, the Unit- A third provision of this legislation is de- fund would be used by those inner-city and ed States had 7.4 times as many radiation signed to facilitate the organization, delivery, rural facilities across America with the greatest therapy units and 8 times as many MRI's per and access to primary, preventive, an acute need for assistance. Eligible facilities would be million people as did Canada. The United care services for medically underserved popu- those designated as essential access commu- States has twice as many open heart surgical lations by fostering networks of essential com- nity hospitals, rural primary care hospitals, units per million persons as does Canada. The munity providers. large urban hospitals qualified health clinics startup costs for each of these open heart sur- The Essential Access Community Hospital that are members of community health net- gery programs are between $6 and $13 mil- Program was enacted in 1989. This Medicare works. lion. Annual operating costs average between initiative provides a unique Federal-State part- Assistance from the capital financing trust $7 and $10 million at each location. For each nership to assure the availability of primary fund would be provided in the form of loan open heart surgery center that is not needed care, emergency services, and limited acute guarantees, interest rate subsidies, direct and not created, millions of dollars can be inpatient services in rural areas. The EACH matching loans, and in cases of urgent life saved each year. Program was created to maximize resources and safety needs, direct grants. The Federal Redundancies and inefficiencies of hospital available to rural residents by establishing re- assistance would be used to leverage State facilities and services are well known. In 1991, gional networks of full-service hospitals and local government and private sector fi- a study in the Annals of Internal Medicine [EACH's] connected to limited-service rural pri- nancing. Repayment would be made back to showed that although America had 10,000 mary care hospitals [RPCH's]. Since 1991, the trust fund. mammography machines, we essentially only over $17 million has been awarded in the For fiscal years 1997 through 2002, $995 used 2,600 of them. This same study asserts seven participating States. million will be made available each year that if every women in America had a mam- In a recent assessment by the Alpha Cen- through the capital financing trust fund for mogram every time the American Cancer As- ter, the strengths of the EACH Program were these safety-net facilities. sociation suggested it was appropriate, we clearly articulated. Their March 1993, report With relatively limited resources available to would use only 5,000 of the 10,000 functioning stated: meet the tremendous health facility infrastruc- mammography machines. The EACH Program has released an enor- ture needs across the Nation, decisions to fi- mous amount of creative energy focused on In addition to wasting valuable resources, the development of regional networks that nance the reconstruction, replacement or ac- this excess capacity can be considered det- quisition of facilities and equipment must be link health care providers in remote areas rimental to the health of patients. Applying the with those in more densely populated com- made only after first considering whether exist- guidelines endorsed by the American Hospital munities. ing service capacities could be tapped to meet Association and the American College of Car- A letter from the project directors of the the needs of the underserved more efficiently. diologists, 35 percent of the open-heart sur- seven EACH States contained the following The next section of this bill is designed to en- gery centers in California perform less than comment: sure that the capital expenditure decisions the minimum number of procedures required We believe the EACH concept will assist supported by this legislation are considered to achieve an acceptable level of competence policymakers, regulators and changemakers within the context of the entire community's and quality. We should not reward those hos- in the long process of refocusing rural health needs and capacities. pitals that insist upon maintaining high cost, care delivery. MAXIMIZING CAPITAL RESOURCES redundant, tertiary care services that fail to I am confident that the EACH Program pro- Many communities, particularly those in maintain a minimum level of quality. Admit- vides a framework for greatly improving the rural and inner-city areas, lack the facilities tedly, the availability of reliable outcome stud- quality and efficiency of primary care, emer- and equipment to adequately meet the needs ies covering high-technology procedures is gency services, and acute inpatient services in of their residents while other hospitals are ex- limited, but there exists reputable data con- rural areas across the country. As a result, periencing a capital oversupply. This over- cerning hip replacement surgery and coronary this legislation contains language that would supply leads to inflationary price pressures. artery bypass surgery [CABS] success factors. extend the EACH Program to all States. The Essential Health Facilities Investment Act The October 25, 1995, issue of the Journal of In addition, creating a new urban Essential of 1996 will expand medical services to those the American Medical Association cites a Community Provider Program [ECP] would in need only if the planning authorities feel study titled ``Regionalization of Cardiac Sur- carry the network concept to our Nation's that the current local medical facilities are un- gery in the United States and Canada'' which inner cities. While different from the rural able to meet the needs of the community. In shows that: EACH Program, the urban ECP Program addition, this bill specifically states that only in California, age and sex-adjusted mortality would concentrate on networking hospitals projects that will lead to an increase in the rates in hospitals performing 500 or more with primary care service centers, particularly quality of care rendered will be funded. In CABS operations per year were 49% lower federally qualified health centers. In addition, other words, requests for frivolous, redundant than in hospitals performing fewer than 100 ECP networks could combine with rural net- facilities will be denied funding. CABS operation . . . works. One area of oversupply is hospital beds. Ac- Hip replacement surgery data and this coro- A February 1993, report by the General Ac- cording to the Dartmouth Atlas of Health Care, nary artery bypass surgery study effectively counting Office found that ``more than 40 per- published by the Dartmouth Medical School in demonstrate a direct correlation between the cent of emergency department patients had ill- 1996, there were more than 827,000 acute volume of procedures performed and the re- nesses or injuries categorized as nonurgent care hospital beds in the United States in sulting success rates. conditions.'' The growth in the number of pa- 1993. The average number of beds per thou- I propose that a coronary artery bypass sur- tients with nonurgent conditions visiting emer- sand residents was 3.3. After adjusting for de- gery hospital must meet the minimum criteria gency departments is greatest among patients mographic differences, the numbers of hos- for quality outlined by the Secretary in the with little or no health insurance coverageÐ pital beds per thousand persons varied by a Medicare Centers of Excellence for CABS op- exactly those populations served by essential factor of 2.8 across the Nation. The numbers erations to be considered for Medicare reim- community providers. Networks of essential ranged from fewer than 2 beds per thousand bursement. Expanding on this idea, I suggest community provider hospitals and clinics will residents to more than 5 beds per resident. that any hospital wishing to improve a tertiary help steer clients to more appropriate clinical Some of these hospitals with excess capacity care service using resources in excess of $1 settings and, as a result, maximize the re- can and need to be closed, or at the very million from the Capital Financing Trust Fund sources available in both emergency and non- least, denied additional public capital improve- must not only demonstrate that they are in- emergency settings. ment funds. However, we must also make deed a safety-net health care provider but also The concept of inner-city provider networks every effort to first ensure that every geo- meet standards of quality for that particular designed to ease access and improve continu- graphic and community area receives ade- service outlined by the Secretary. As addi- ity of care is not new. Initiatives are currently September 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1605 being pursued in urban areas across this The foundation has established public edu- existence of an equally safe, and cheaper, op- country to do just that. This legislation would cation programs for our elderly and retired citi- tion. This option, complete substitution, should boost these efforts through critical financial zens. Through traveling exhibits to high be adopted in the final rule. and structured technical assistance. schools, banks, and government buildings the For 3 years, EPA and the pulp and paper Funding under the ECP Program would be foundation has brought hands-on history to industry have worked to identify a workable available for the expansion of primary care our citizens. One particular exhibit in Old approach to the cluster rule. For the most part, sites, development of information, billing and Town San Diego reaches 11,000 children this period of deliberation has been helpful in reporting systems, planning and needs as- each year. Further walking tours of the histori- evaluating costs and benefits of various pro- sessment, and health promotion outreach to cal buildings, slide lectures, and education posals. However, the uncertainty and the pos- undeserved populations in the service area. programs maximize use of the ruins of Fort sibility of the huge costs associated with op- Facilities eligible to participate in the ECP net- Guijarros. tion B have made it difficult for plants like worksÐthose designated as `èssential com- In addition, the foundation has been analyz- Bowater to plan for the future. It is time to for munity providers''Ðinclude Medicare dis- ing the thousands of artifacts in former U.S. a resolution, and I call on EPA to finalize the proportionate share hospitals, rural primary Army World War II buildings assigned by the water guidelines along with MACT I and III air care hospitals, essential access community U.S. Navy. Recently, congressional legacy standards by the end of the fiscal year with hospitals, and federally qualified health cen- grant funding enable adaptive reuse of the the selection of option A. ters [FQHC] or those clinics which otherwise former Army morgue to a refrigerated reposi- f fulfill the requirements for FQHC status except tory to ensure preservation of the artifacts and for board membership requirements. field notes well beyond the year 2000. REPORT FROM INDIANA—THOMAS In order to facilitate the integration of hos- Each year, the submarine force hosts the JACKSON pitals and clinics into these community health annual battle of San Diego Bay fiesta at networks, physicians at network clinic sites Monument Circle near the Fort Guijarros site. HON. DAVID M. McINTOSH would be provided admitting privileges at net- This year the event will be held on September OF INDIANA work hospitals. In addition, the placement of 21 and I would like to take this opportunity to IN THE HOUSE OF REPRESENTATIVES residents at network-affiliated FQHC's would commend the work of both the submarine Thursday, September 12, 1996 be counted in the total number of residency force and the Fort Guijarros Museum Founda- positions when determining the indirect medi- tion. Many people have given their time and Mr. MCINTOSH. Mr. Speaker, I rise today to cal education [IME] reimbursement to hos- effort to this important project. In particular I give my report from Indiana. pitals under Medicare. The authorized funding would like to recognize Capt. Bruce Scott for Each weekend, my wife Ruthie and I travel level for rural EACH and urban ECP would be his support in preserving this part of our his- across Indiana to meet with Hoosiers. increased tenfold, from the current level of $25 tory. And every time, we travel the Second Dis- to $250 million annually. I know my colleagues join me in recognizing trict of Indiana, we become more amazed with I am introducing the Essential Health Facili- the Fort Guijarros Museum Foundation and the hundreds and hundreds of individuals who ties Investment Act of 1996 because I believe wish them continued success in the future. are out-there working day and night to make this legislation is an important and necessary f a difference taking responsibility to make our component of the effort to reform our Nations' communities better places to live. health care delivery system. The initiatives in CLUSTER RULE I like to call these individuals Hoosier Heros. this bill are essential to ensuring access to Hoosier Heros because they do good things high-quality and efficient services for everyone HON. JOHN M. SPRATT, JR. for their friends and neighbors. in our communities. OF SOUTH CAROLINA Today I recognize, Thomas Jackson of An- f IN THE HOUSE OF REPRESENTATIVES derson, IN as a Hoosier Hero. Ruthie recently spent a day with Thomas. PERSONAL EXPLANATION Thursday, September 12, 1996 Afterwards she shared with me Tom's tireless Mr. SPRATT. Mr. Speaker, I rise to address efforts to help children in Madison County. HON. EARL POMEROY the EPA's proposed cluster rule for the Amer- You see Tom owns and operates his own OF NORTH DAKOTA ican pulp and paper industry. This rule is in- restaurantÐthe ``Prime Time Deli and More.'' IN THE HOUSE OF REPRESENTATIVES tended to simplify and coordinate air and And between spending time with his family Thursday, September 12, 1996 water quality standard setting. and the responsibilities of running his own EPA's stated goal is to develop a long-term business, his free time is stretched thin. Mr. POMEROY. Mr. Speaker, during rollcall approach to environmental improvement con- But that doesn't stop Tom from helping oth- vote No. 404, I was unavoidably detained at a sistent with reasonable capital expenditures. ers. He has taken on a crucial challenge. meeting off the Hill. I regret that I was absent Its most recent proposal has two options that Thomas has taken on himself, the mission, for this vote. are to be given equal weight as a potential to spread the message ``Just Say No!'' to our f basis for best available technology. Option A young people. COMMENDING THE WORK OF FORT calls for the elimination of elemental chlorine Tom travels to schools in Madison County GUIJARROS MUSEUM FOUNDATION in bleaching operations by complete substi- educating, warning and teaching children to tution of chlorine dioxide. Option B would sup- say: ``No to drugs and alcohol.'' Thomas' mis- HON. DUNCAN HUNTER plement complete substitution with oxygen sion is special and close to his heart. delignification. Nine years ago, his own son Thomas Jr., OF CALIFORNIA Technical complexity aside, EPA acknowl- became involved with a drug cartel in the IN THE HOUSE OF REPRESENTATIVES edges that both approaches will reduce the neighboring city of Muncie. Thursday, September 12, 1996 level of dioxins and furans in wastewater of His son almost lost his own life. Thomas Jr. Mr. HUNTER. Mr. Speaker, I would like to bleached papergrade kraft and soda mills was in pretty bad shape but with the love of take this opportunity to commend the work of below the current analytical minimum level. By his father and family, he survived. He turned the Fort Guijarros Museum Foundation and EPA's own estimate, option B would cost in- his life around. the U.S. Navy Submarine Base, San Diego. dustry a billion dollars more than option A. Thomas Jr. was recently married and today The foundation and the submarine base have One facility where the difference between lives a happy life. Thomas Jackson decided brought history alive to the people of Califor- these two options is made abundantly clear is that the best way for others to avoid the same nia. operated by Bowater Inc. in Catawba, SC. The tragedy as his own son, was to take a leader- This effort began in 1980 when the U.S. facility employs 1,150 people and produces ship role in warning children. Navy Commander, submarine force, U.S. Pa- 2,300 tons of market pulp, coated paper, and He started an alcohol and drug awareness cific Fleet invited a civilian volunteer commit- newsprint per day. On a tour of this plant last program: ``Youth Needs Prime Time.'' that's tee to work with the submarine support facility year, I was shown how EPA's option B would reassuring. to research the history of a 1796 Spanish fort require a complete overhaul and rearrange- Today he educates children about the very on Ballast Point. Since that time the commitment of the plant's paper production proc- real danger and possible lethal consequences tee has conducted scientific investigation, esses including the shifting or replacement of of drugs and alcohol use. analysis, reports, and public exhibits on their most of their equipment. The cost such a shift One of his volunteers is a 24-year-old, ex- findings. would impose is simply unjustifiable given the gang member, Roosevelt Rees. E1606 CONGRESSIONAL RECORD — Extensions of Remarks September 12, 1996 Roosevelt has turned his life around. And is Internet. On this one Saturday, over 50,000 number of categories, including murder; sex now dedicated to making sure kids don't make volunteers participated, ranging from students, offenses, forcible or nonforcible; robbery; ag- the same mistake of using drugs like he did. teachers, and parents to local community gravated assault; and burglary. This law helps The effortÐis crucial especially, when study groups. On this 1 day, over 1,000 sponsors assist students in taking appropriate steps to after study tells us that drug use among Amer- contributed, ranging from high technology protect themselves from becoming victims, ica's children is at an alarming all time high. companies to donut shops. I was joined by and it assists families and students in making Drug usage among 14 and 15-year-olds are President Clinton and Vice President GORE at the most appropriate decisions about the up 200 percent since 1992. And that's fright- Ygnacio Valley High School in my district, schools they may wish to attend. ening. where we helped install wires. On February 6, 1996, ABC news reported Every community in America needs a hero I would like to extend my appreciation to that at Clemson University 100 students met like Thomas Jackson on the front lines of the President Clinton and Vice President GORE for with the football coach to discuss their safety drug war defending and educating our chil- their leadership and support in providing tech- on the campus following the arrest of the 9th dren. nology to our schools. I also thank the two co- Clemson football player this year. Since Janu- Madison County residents are privileged to founders of NetDay96, Mr. John Gage of Sun ary, more than 50 college athletes in 13 have such a friend in their community. Microsystems and Michael Kaufman of KQED, States have been charged with assault, theft, And today I would like to say, ``thank you'' the thousands of sponsoring companies, and trespassing, burglary, sexual assault, and to Thomas Jackson and Youth Needs Prime the tens of thousands of volunteers, for bring- drunk driving. I was pleased to hear the remarks of the Time for their hard work and dedication. He is ing the Internet to California schools. chairman of the Economic and Educational a Hoosier Hero. After hearing about California's successful Opportunities Committee, Mr. GOODLING, ex- That concludes my report from Indiana. NetDay96, some 40 States and 15 countries pressing his concern over violence among ath- f have asked the NetDay96 organizers to put letes at universities. In his remarks Chairman together a similar event in their State or coun- GOODLING appealed to all the presidents of GETTING CONNECTED TO THE 21ST try. The organizers responded with a nation- CENTURY colleges and universities to: wide NetDay96 Month, to be held over four Stand tall and be firm against those who Saturdays this October. Members of Con- would pressure them, be they coaches on the HON. GEORGE MILLER gress, and anyone else, can find out if their campus or alumni. There is no excuse for OF CALIFORNIA State has signed on for this event by going to some outstanding athlete to go free after IN THE HOUSE OF REPRESENTATIVES the NetDay96 Web site at www.netday96.com. battering women or committing rape or breaking laws in relation to alcohol and Thursday, September 12, 1996 Mr. Speaker, more and more companies are eager to contribute to this effort. Just recently, other drugs. To use the excuse that you are trying to save that individual cannot be used Mr. MILLER of California. Mr. Speaker, the cable TV industry announced that it would today, I am pleased to introduce a bill com- when you are thinking about the other thou- assist in providing Internet connection to sands who are there: mending California's NetDay96 activities and schools all across the Nation. I urge my col- the tens of thousands of NetDay participants, Mr. Speaker, several months ago, Rep- leagues to take advantage of this opportunity resentative CONNIE MORELLA and I wrote to and affirming this House's commitment to pro- and help their States' schools to gain access viding the Nation's school classrooms with the the national sports associations with concern to this valuable tool called the Internet and join over a growing number of reported acts of vio- necessary technology for the 21st century. me in this resolution promoting NetDay96 The State of California is know for its high lence against women by professional and col- throughout the entire Nation. lege athletes. We have since met with rep- technology economy and as the birthplace of As wonderful as the Internet is in providing the personal computer. Yet, we rank 33d na- resentatives of the National Football League, information, we must also keep in mind that it Major League Baseball, the National Basket- tionwide in overall technology spending per is an unregulated medium and that there is student in our schools, at $3 per student per ball Association, the National Hockey League, much unverified information. To guard against the National Athletic Association and other year. Most classrooms still lack telephone inappropriate or inaccurate information, proper wires. Nationally, many schools are struggling major sports associations to discuss our de- technological barriers should be put in place, sire to have these organizations join with us in with outdated textbooks and lack the re- proper supervision provided, and proper infor- sources to purchase the latest informational our national effort to eradicate violence mation review exercised. In that regard, teach- against women. and instructional resources. Fieldtrips to muse- ers must be trained not only on how to use This August, Representative MORELLA and I ums, laboratories, and other off-campus sites the Internet, but also to be aware of and com- introduced a sense-of-congress resolution call- are an expensive luxury that cannot be en- pensate for the pitfalls in the system. ing for a national summit on sports and non- joyed frequently. And, only a handful of We must remember that the Internet is only violence to help develop a national campaign schools can afford to send their students to a tool; how this tool is used by teachers, stu- to eradicate domestic violence. Our legislation visit overseas locations dents, and parents will determine its useful- addresses three realities of American society: Providing Internet access to our classrooms ness and effectiveness. Regardless of the first, that we have an epidemic of domestic vi- has the potential to be an important edu- availability of the Internet in schools, we must olence in this country; second, that America cational asset. This is more than about learn- not forget that we still need dedicated teach- has a fascination with sports, from the Olym- ing how to use a computer. It's about access ers, effective administrators, concerned par- pics to the Super Bowl to the Final Four; and to information. Information about scientific dis- ents, and adequate funding to have the best third, that professional and collegiate athletes coveries, information about historical findings, educated children and work force in the world are viewed as sports heroes by Americans. information about the latest legislative activi- for the 21st century. Sports leaders, as role models, are often ties in government. It is also about the excite- f emulated both on and off the field, and we are ment of direct interaction. The excitement of asking that our national and collegiate sports interacting with top museums all over the SUPPORT GROWS FOR SPORTS leaders make it a top priority to help publicly world; the excitement of interacting with lab- AND NON-VIOLENCE SUMMIT condemn domestic violence and sexual as- oratories on the cutting edge of scientific re- sault and join us in a national awareness cam- search; the excitement of interacting with field HON. BERNARD SANDERS paign. As role models, these sports leaders scientists working at remote locations; the ex- OF VERMONT can send a strong message that the rough citement of interacting with other children half- IN THE HOUSE OF REPRESENTATIVES and tumble, hard-nosed competition stops way around the world. when players leave the field and that there is Thursday, September 12, 1996 Such learning enhancement provided by the no excuse for domestic violence and sexual Internet is not limited to science and tech- Mr. SANDERS. Mr. Speaker, I am pleased assault. nology. A survey of more than 130 recent aca- that this week the House is considering Mon- I am pleased to report that since the intro- demic studies showed that technology-based itoring of the Student Right to Know and Cam- duction of that resolution we have received let- instruction improved student performance in pus Security Act of 1990. ters of support from numerous individuals and language arts, math, and social studies, as As you know, the Student Right to Know organizations, including: American College of well as in science. and Campus Security Act requires colleges in Nurse Midwives; American Psychological As- On March 9, 1996, my State of California receipt of Federal funding to report to stu- sociation; AYUDA; Larry Brown, Coach, Indi- held its NetDay96 to wire 3,500 schools state- dents, faculty and prospective students once a ana Pacers; Catholics for a Free Choice; Jac- wide to give our students access to the year on the number of crimes reported in a quelyn Campbell, director of doctoral studies, September 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1607 Johns Hopkins School of Nursing; Center for The modeling results, released at a Midwest could still implement controls as the Study of Sports and Society; Center for multistate air-quality planning meeting in stringent as those already imposed on power Women Policy Studies; Community Anti-Drug July, show that certain key air pollutants plants and factories in the Northeast. don’t drift as far across state borders as pre- Further, the federal EPA is expected to Coalitions of America; DC Rape Crisis Center; viously believed, experts familiar with the tighten air-pollution limits nationwide sig- Domestic Violence Advocacy Project; Joseph models say. nificantly later this year. The limits have Glass, Team Sports; Britt King, head women's The computer simulations, though incom- not been determined yet, but Ohio EPA offi- basketball coach, University of DC; Lee plete, indicate key windborne pollutants cials predict that no major metro area in the McElroy, director of athletics, American Uni- that are components of smog are likely to state—and few in the nation—will comply versity; Older Women's League; National As- blow no more than 200 miles, not many hun- without significant emission reductions from sociation of Social Workers; National Coalition dreds or even thousands of miles, as re- cars and smokestacks. Against Sexual Assault; New Waves: Empow- searchers previously believed. But for now, at least, ‘‘It’s conceivable The results weaken theories that are espe- that with the information on the table, the ering Women and Confronting Abuse; NOW cially popular among Northeastern states— Midwest could make an argument that they Legal Defense and Education Fund; Penn- that coal- and oil-fired power plants in the don’t have that much impact on the North- sylvania Coalition Against Rape; Thomas Midwest and Southeast are to blame for east,’’ said Danny Herrin, an executive with Penders, Head Basketball Coach, University smog in Boston, New York and Maine. the Atlanta-based Southern Corp, an electric of Texas; Rhode Island Coalition Against Do- Though much more modeling remains to be utility following the modeling closely. mestic Violence; National Urban League; U.S. done, many air-quality experts say the early THE OZONE MIX implications are huge. Department of Justice; Office of Justice Pro- The subject of the computer modeling is The results, some believe, could weaken grams; Vermont Network Against Domestic Vi- ozone, a gas that occurs both naturally and the Atlantic Seaboard region’s argument as a result of man-made pollution. olence and Sexual Assault; Women's Re- that Ohio and other upwind states should Where it forms by natural processes in the search and Education Institute; YWCA of the spend billions of dollars on new smog con- upper atmosphere, ozone reflects harmful ul- USA; and the Violence Policy Center. trols to help clean the Northeast’s air. Regu- traviolet radiation away from Earth. But I also want to congratulate the College Foot- lators and scientists studying seaboard-state when it builds up near the ground, it is a smog, for instance, are contemplating ad- ball Association, who, in cooperation with the powerful respiratory irritant that apparently vanced pollution controls on Midwestern and Liz Claiborne Foundation and the Center for can trigger asthma attacks and debilitating Southern power plants that are as strict as the Study of Sport in Society, plans to launch breathing problems, especially among people those in place in the high-smog region. an `Àthletes Against Violence'' program this with lung disease, the elderly, children and Utility and coal interests have estimated people who work outdoors. In high con- October, where college football players will the cost of such controls to Midwestern and centrations, ozone also has been linked to break the code of silence about relationship vi- Southeastern electrical customers at $18 bil- permanent lung damage and can harm trees olence and, through a series of public service lion to $27 billion annually. Centerior Energy and crops. announcements, convey the message that re- Corp. pegs the cost between $200 million and Ozone forms when fumes called hydro- $500 million annually here. lationship violence should not be tolerated. carbons react in hot summer sunlight with The College Football Association is also en- FEARFUL OF COSTS other airborne pollutants called nitrogen ox- couraging coaches to consider inviting their The findings seem to reinforce the theory ides. Hydrocarbons come from auto emis- players to participate in the annual Take Back that local and regional air pollution pro- sions and other combustion processes, and the Night candlelight march conducted on col- grams in the Northeast are the only signifi- from evaporating gasoline, solvents and lege campuses during the month of October cant way to solve the region’s perennial fail- paints. The principal source of nitrogen ox- (Domestic Violence Awareness Month). ure to meet federal clean-air standards. ides are fossil-fuel power plants. The concept of a National Summit on Sports Officials in the problem states have long Atmospheric and environmental scientists feared that the higher cost of living and began concluding in the late 1980s that ni- and Non-Violence initiative is generating a doing business resulting from stricter emis- trous oxides and hydrocarbons are capable of great deal of support and I would encourage sion controls on power plants and factories drifting on air currents until they encounter my colleagues to join me and Representative has put the region at a competitive dis- the right conditions to interreact and form MORELLA in our efforts by cosponsoring House advantage. ozone. Concurrent Resolution 199. Some Northeastern states have scrapped When Congress revised the Clean Air Act’s f their versions of E-check auto-emissions ozone limits in 1990, it identified dozens of testing amid public outcry, saying such po- metropolitan areas in states from Maine to FINDINGS CLOUD POLLUTION litical hot potatoes are meaningless if the Virginia as chronic violators of the act’s THEORIES air drifting in from afar is so foul. ozone limit of 125 parts of ozone per billion ‘‘Clearly, this is not what the 13 states in parts of air. The law recognized that the the [Northeast] want to hear,’’ said Ray states’ balance levels of ozone were so high HON. MICHAEL G. OXLEY Evans, environmental-affairs manager for that only a regional approach to cuts would OF OHIO Centerior Energy Corp. ‘‘The East Coast util- allow individual cities to comply with the IN THE HOUSE OF REPRESENTATIVES ities have flat out said that we in the Mid- law. Thursday, September 12, 1996 west are the problem and our ratepayers are States in the Atlantic Seaboard region going to have to pay.’’ agreed in writing three years ago to adopt Mr. OXLEY. Mr. Speaker, I would commend Ohio Environmental Protection Agency Di- their own strict new limits on nitrous oxide to my colleagues the following article of Sep- rector Donald Schregardus said, ‘‘It’s kind of output from power plants, in addition to tember 2, 1996, authored by Mr. Jim Nichols what we thought. * * * It says to those measures ordered by Congress and the fed- of the Cleveland Plain Dealer. The article states, ‘You fix your cars, and then we [in eral EPA. summarizes new scientific findings that dis- the Midwest] will talk about spending $5 bil- But they also enlisted the EPA to run com- lion to fix our power plants.’’ puter simulations to determine whether the credit the theory that the Midwest is respon- Schregardus and his air-quality division so-called ozone-transport phenomenon would sible for the air pollution findings of the North- chief, Robert Hodanbosi, said the computer rule out regional controls. east. This further confirms the findings of the simulations show that even on days when The early EPA modeling in 1993 proved Government-funded NAPA report, which was Northeastern smog was at its worst, the drift controversial, showing the Northwest’s base- completed a number of years ago. This re- from faraway states downwind made no more line levels were high not just because of the search should be considered in setting Fed- than a few percentage points’ difference. heavily populated region’s contributions but eral policies in a number of areas. Evans and other officials familiar with the because of dirty air blowing in from the Mid- west and South. [From the Plain Dealer, Sept. 2, 1996] modeling results confirmed that. ‘‘I was surprised at the limited impacts,’’ While critics in downwind states—espe- FINDINGS CLOUD POLLUTION THEORIES—MID- Hodanbosi said. cially utilities and coal interests—attacked WEST SMOG MAY NOT DRIFT TO THE NORTH- The early findings do not necessarily mean the model as inaccurate, the Northeastern EAST Ohioans and other Midwesterners will for- states began pressuring the EPA for a (By Jim Nichols) ever and completely avoid the costly new ‘‘super-regional’’ approach that would re- As the summer cools down, the politics and smog controls, said Schregardus and experts quire similar control measures for upwind economics of air pollution are heating up. conducting the modeling. states. States in the South and Midwest re- The early results from highly advanced The results, after all, show those proposed sisted initially but agreed to study the issue. computer modeling are casting a haze of reduction strategies will help achieve clean- A national organization of state environ- doubt over a persistent claim from Atlantic er air in the Midwest. If models show that mental officials formed the Ozone Transport Seaboard states that Ohio and the Midwest the advanced pollution controls would be Assessment Group, comprising 37 states—all are the culprits in the Northeast’s smog needed for certain Midwestern areas to meet those east of the Mississippi and those along problems. federal clean-air targets, certain parts of the its western banks. The group now includes E1608 CONGRESSIONAL RECORD — Extensions of Remarks September 12, 1996 more than 500 environmental regulators, said Illinois EPA Director Mary Gade, who It was a fight that had left the community technical experts and representatives of en- chairs the committee that will ultimately leader a ‘‘tired warrior,’’ his son acknowl- vironmental groups, industry and utilities— recommend pollution-control policies that edged. all studying ozone transport and its effects. will apply across the membership of the as- Thursday night after dinner, Rev. Andrew The assessment group was formed for two sessment group. ‘‘I think we’re going to be in Brown gave his wife a kiss and said, ‘‘I’ll see reasons. One was to develop a far more so- for some heated policy decisions in the next you later.’’ Early Friday, Rev. Brown’s wife, phisticated computer simulation of ozone several months. RosaLee, called her son with the news that transport. The other was to develop pollu- ‘‘The nice thing is that the process to this she could not wake her husband. tion-control policies for all 37 states to im- point has been a very open and collaborative ‘‘He was about the business of peace mak- pose, voluntarily, to reduce ozone in the process. We’ll see if we can hold onto that.’’ ing,’’ Rev. Thomas Brown said of his father’s Northeast. f life. ‘‘His peaceful passing is reflective of his As a first step, states conducted far-reach- mannerisms of dealing with people even ing ‘‘inventories’’ of all major and minor HONORING ANDREW J. BROWN though he was a very intense social activ- sources of ozone-forming pollutants, includ- ist.’’ ing estimates of emissions from cars, fac- The elder Rev. Brown’s dedication to social tories, evaporating paint, gasoline stations HON. ANDREW JACOBS, JR. justice originated on a Christmas Eve during and other sources. An assessment group com- OF INDIANA World War II in a hospital at Camp Living- mittee of atmospheric and environmental IN THE HOUSE OF REPRESENTATIVES ston, LA. scientists and computer experts developed a Laid up in a hospital bed with a leg that computer program that applies that emis- Thursday, September 12, 1996 doctors said would have to be amputated, he sions data to know wind and weather pat- Mr. JACOBS. Mr. Speaker, he was the only listened to a happy, noisy celebration from terns. It simulates drift and compares pre- minister of the Gospel in history to deliver a which black soldiers had been excluded. dicted ozone levels at hundreds of locations Rev. Brown promised God that if his leg second opening prayer at the House of Rep- was saved, he would spend the rest of his life to those actually measured. Another com- resentatives in the same calendar day. But his mittee compared particularly bad spells in fighting for justice for all people. A few days later, he walked up to the doc- the summers of 1988, 1991, 1993 and 1994. claim to the profound respect and affection of tor who was supposed to operate on him. When the assessment group began running all Americans is that he was one of Dr. Martin ‘‘That’s the miracle in my life. That’s the the computer program this spring, results Luther King's top lieutenants in the peaceful commitment I made,’’ Rev. Brown explained from the simulations proved remarkably revolution to make real the ideals of the in an interview in 1985. ‘‘I’ll keep fighting similar to the real conditions, said Michael bloody American Revolution. until I fall, because that’s what I told God I Koerber, who chairs the group’s modeling It is no exaggeration to say that Andrew J. would do.’’ committee. Brown was Mr. Civil Rights in Indiana. He led Moving to Indianapolis from Chicago in ‘‘We’re convinced that the model works the movement to excise the poison and stu- 1947, he used his position as pastor of St. and is giving us the right results for the John’s Missionary Baptist Church as a pulpit right reasons,’’ said Koerber, director of a pidity of racial discrimination from America's body politic. He had what Dag HammarskjoÈld not only for spiritual messages but social ac- consortium of air-quality officials from tion as well. states around Lake Michigan. called that Christ-like urge. You could see it in In 1963, he organized Indianapolis blacks to Then the modeling experts began running his face, that countenance always about to show voting bloc strength. Two years later, what Koerber calls ‘’what-ifs.’’ They asked brust into smile. You could see the personi- he walked with King in the civil rights the computer what changes would result if fication of the Sermon on the Mount. He march in Selma, Ala. He was at the home of lower emissions from certain control meas- served his country well in our Armed Forces King’s parents the night the civil rights ures were applied across the 37-state ‘‘super- during World War II. And yet for decades after leader was assassinated in April 1968. The region’’—if power plants were forced to next month he was in Washington, D.C., for change their operations, for instance, or World War II, his countryÐor at least a great part of it served him ill. But this did not evoke the Poor People’s March. cleaner-burning cars were mandated. In 1990, Rev. Brown resigned as pastor of Many more simulations remain to be run— bitterness and hatred in him. It evoked peace- St. John’s. at a cost of more than $1 million each—to ful compassion and just plain hard work. He The church is on a street that was renamed measure the effects of changing emissions traveled through that biblical valley of the Dr. Andrew J. Brown Avenue 10 years ago to variables in smaller and smaller parts of the shadow of death and neither feared nor did honor him. super-region. However, the theory of long- evil. These words, written by Shelly, apply News of his death led city leaders to re- range ozone drift has already begun to break beautifully to the magnificent Rev. Andrew J. member a man whose trademark was com- down. passion. The simulations showed that drift existed. Brown: ‘‘He was an extraordinary Baptist preach- But while Chicago may suffer from St. Louis’ The great secret of morals is love. A per- er, [who] had a marvelous voice and could emissions, or Cleveland from Columbus’, son, to be greatly good, must imagine deeply move a congregation with song,’’ said Sam there was little evidence that those cities and comprehensively. He must put himself in Jones, president of the Indianapolis Urban were having major impacts on the Northeast. the place of another, of many others. The League. ‘‘It’s really something we’re just starting pleasures and the pains of his species must ‘‘He led numerous marches and demonstra- to get some information on, and we really become his own. tions against acts of segregation and dis- need to investigate further,’’ Koerber said. The following are only a few of the tributes crimination in this community,’’ Jones But, he added: ‘‘The 1,000-mile distance paid to this great and good man on the sad noted. seems to be a bit of a stretch from a trans- ‘‘He was the kind of guy who could operate port standpoint.’’ but triumphant occasion of his passing. with the least of us in our community and [From the Indianapolis Star, Aug. 3, 1996] COMPETITIVENESS IS ISSUE with kings and queens and giants alike,’’ RIGHTS LEADER REV. ANDREW J. BROWN DIES Jones added. Some participants in the assessment group (By Rob Schneider) The Rev. Stephen J. Clay, pastor of the are worried that the new data may strain the Messiah Baptist Church and president of the group’s cooperative spirit and lead to a re- The Rev. Andrew J. Brown, who was a Interdenominational Ministers Alliance, said turn of finger-pointing. If utilities in the friend of the powerful and the powerless, died it was Rev. Brown’s compassion for people at Northeast face higher costs than those in the in his sleep, his family said Friday. large that became a driving force, that ‘‘like Midwest, for instance, they would be at a Brown, who came to symbolize civil rights a rocket, propelled him to the national competitive, disadvantage in the coming en- in Indianapolis, was 75. arena.’’ vironment of deregulation. The federal gov- Indiana Black Expo? He helped found it. ‘‘The world is a little bit smaller and heav- ernment is moving toward a system in which Providing information to the African- en a little brighter because of the contribu- industrial customers will be able to choose American community? The longtime pastor tions made by Dr. Brown,’’ he said. their power company without regard to its at St. John’s Missionary Baptist Church also Mayor Steven Goldsmith simply called geographic location. started Operation Breadbasket, a Saturday Rev. Brown a ‘‘remarkable leader,’’ one who ‘‘Clearly, this is a competitive issue be- morning radio program to discuss everything was committed to opportunity and equality. tween East Coast utilities and Midwest utili- from economic to spiritual issues. He credited Rev. Brown’s commitment, ties,’’ said Centerior’s Evans. Rev. Brown was a lifelong advocate for sincerity and faith in making him a national Hodanbosi and other participants said civil rights, a man whose doorstep was a leader. pressure is mounting from some North- common sight to people like Dr. Martin Lu- Rev. Jesse Jackson summed up Rev. eastern participants not to run more de- ther King Jr. and the Rev. Jesse Jackson. Brown’s contributions this way: ‘‘He fought tailed models that could further solidify the In recent years, though, he had taken on and changed America for the better forever. case that the Midwest’s effects there are another fight. Rev. Brown had been diag- He had courage and took risks,’’ he said. minimal. nosed with Alzheimer’s disease two to three Services for Rev. Brown will be at 11 a.m. ‘‘Anytime you have those kinds of con- years ago, said his son, the Rev. Thomas L. Thursday at St. John’s. Calling is from 11 flicts, you can expect it to be contentious,’’ Brown. a.m. to 9 p.m. Wednesday at the church. September 12, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1609 Stuart Mortuary is assisting with arrange- ‘‘He was the kind of guy who could operate When Brown called Black ministers to- ments. with the least of us in our community and gether—everybody responded! Sadly, that Rev. Brown is survived by his wife, with kings and queens and giants alike,’’ he does not exist today, because of the petty, RosaLee Brown: daughters, Dr. Monica said. meaningless jealousies existing among Black Fields, Adrienne Brown; and son, Rev. Thom- Brown marched with Martin Luther King churches and ministers in our city. Jr. at Selma, Ala., in 1965 and was active in as L. Brown. With a loyalty and devotion inspired by his social justice issues in Indianapolis for many calm, firm demeanor and love and respect for [From the Indianapolis Star, Aug. 6, 1996] years. the common man and woman, Brown in- The source of his interest in justice went QUITE A LIFE spired and motivated thousands. And more back to World War II, when he was told he From the pulpit of St. John’s Missionary than any Black man in Indianapolis history, would have to have a leg amputated. Baptist Church, Rev. Andrew J. Brown He promised God he would fight for justice Andrew Brown did things that will never be changed thousands of lives for the better. for all people if his leg could be saved. It was, equaled again in our community! From the streets of Indianapolis and other and he kept his promise to God. Brown could attract thousands to protest cities where he marched for civil rights and ‘‘That’s the commitment I made,’’ the Rev. outside the Governor’s Residence, the State justice, Rev. Brown helped change the world. Brown later explained. ‘‘I’ll keep fighting House and other locations. No one can do Last week, after several years battling Alz- until I fall because that’s what I told God I that today! heimer’s disease, the 75-year-old leader, de- would do.’’ Brown founded Indiana Black Expo, the scribed as a ‘‘tired warrior’’ by his son, died His example of making and keeping a com- one enduring monument of what our Black at home in his sleep. Services will be at 11 mitment to God remains for others to follow. a.m. Thursday at St. John’s with calling community can accomplish when united. A from 11 a.m. to 9 p.m. Wednesday. [From the Indianapolis Recorder, Aug. 10, feat that no one can replicate today! Rev. Brown’s name is synonymous with 1996] Brown used Black radio to inspire and civil rights in Indianapolis. After moving ‘‘NOW, HE BELONGS TO THE AGES’’ communicate with the community. Until it here from Chicago in 1947, he used his pas- (By Amos Brown) was shunted to WTLC-AM, Brown’s Oper- toral position to organize social programs, ation Breadbasket broadcasts on WTLC–FM black voting strength and marches to the Throughout its history, Indianapolis has had huge ratings! Statehouse and the governor’s mansion. He been blessed with many key African-Amer- Brown was a pastor who still had time to was a co-founder of Indiana Black Expo and ican servant/leaders: Brokenburr, Blackburn, be president of the NAACP, and lead the started Operation Breadbasket, a Saturday Richardson, Stewart, Ramsey, Sanders, church into social action ministry. An ac- morning radio show dedicated to economic Johnson. But, over a nearly 50 year career, complishment that today’s timid, fearful and social justice and spiritual life. the Rev. Dr. Andrew J. Brown was the most Yet Brown is perhaps best known for his significant—helping transform our African- Black church refuses to emulate! close relationship with Rev. Martin Luther American community and in large measure, Nearly every Black elected official in this King Jr., who stayed at Brown’s home in In- our city as a whole. city, from Carson, to Crawford to Howard dianapolis on numerous occasions and con- Brown was one of a cadre of Black min- and the rest owe their inspiration and elec- sulted with him frequently about the na- isters in their 20s and 30s, who began tion to Andrew Brown! pastoring in Indianapolis after World War II. tional civil rights movement. Those of you reading this who have good Brown, along with Reverends R.T. Andrew, In a 1992 interview, Brown referred to their jobs in major corporations and businesses in F. Benjamin Davis, Mozel Sanders, Arthur efforts as ‘‘mental judo’’—a battle waged not this city, whether you’re from Indianapolis Johnson, Melvin Girton and others broad- with violence but with persuasion and intel- or not, you and other African-Americans are ened their ministries into key staging arenas lect. ‘‘It was not the judo where you get up there, in large measure, due to the protests, in the fight for respect and equality for Afri- and fight,’’ he said. ‘‘It was judo with your marches and cajoling of Andrew Brown! mind, your disposition.’’ can Americans in this city and state. The tactic of mental judo, which included Andrew Brown set a standard for Black Brown’s passing last Friday morning, ef- passive resistance, was what won so many leadership and service that many of today’s fectively ends the era of leadership in our people to the cause, Rev. Brown believed. Black leaders have clearly forgotten or don’t community coming from the Black church. That’s why, before entering a white-only want to emulate. His death leaves a void big as the Grand Can- store or restaurant to request service, young This son of Duncan, Miss., war veteran, ac- yon; one that cannot be filled. The Baptist black activists would be told, ‘‘Don’t fuss, complished gospel singer, couldn’t stayed in- faith doesn’t allow for saints, which is a don’t cuss, smile at the people,’’ even as side the comfort of his church. Instead, he shame because Andrew J. Brown truly was force was being used against them. reached out, personally and with his min- one. Rev. Jesse Jackson, a close friend who istry, his church and his congregation to our This community, and I personally, shall marched with Brown, said of him, ‘‘He community. miss his wisdom, his voice, his counsel. fought and changed America for the better A contemporary of Dr. Martin Luther King Andrew Brown asked Indianapolis to join in I have many positive memories of Andrew forever. He had courage and took risks.’’ Brown, especially when we worked together The fact that a major Indianapolis street the movement. And Indianapolis did! His using WTLC Radio in the ’70s, ’80s and early already bears his name is testament to the power base wasn’t the Black bourgeoisie, it ’90s as a force for positive good in this com- prominent role played by Rev. Brown in this was the Black working class. Those laboring munity. community. But the highest compliment is in the dead end jobs racism had consigned what has been said many times already by them. Brown appealed to a Black community I last saw him in November, at Andy Ja- his friends, historians and distant admirers: living in tightly packed segregated neighbor- cobs retirement announcement. In recent He practiced what he preached. hoods, whose children attended an openly years, Alzheimer’s disease had taken its toll racist and segregated school system; in short on Brown. I was walking through Jacobs liv- [From the Indianapolis News, Aug. 6, 1996] Brown was the perfect Abraham to unite the ing room, when I looked up and saw Brown. tribes living in the plantation Indianapolis THE REV. ANDREW J. BROWN His body was shaking, he was having trou- was in the 50s and 60s. The Rev. Andrew J. Brown became a sym- Without Andrew Brown prodding this ble walking and was helped by his son bol of the civil rights movement in Indianap- city’s white power structure to change its Tommy. My heart sank, seeing how the dis- olis. racist ways, Indianapolis would not have ease had ravaged his body. Just then, he He died last week at the age of 75, after a achieved its national and international stat- reached out his hand. As I grasped it to lifetime of church and community service ure! shake his hand, his eyes twinkled—that fa- that will continue to have impact in this Without Andrew Brown, there would not be mous twinkle and smile he had for everyone. city and others for many more years. a record number of African Americans em- He clasped my hand, shook it and nodded. In He was a door-opener for African-Ameri- ployed in the professions and in key leader- that instant, we bonded, knowing while the cans in the years before the civil rights ship positions in government and business! flesh was weak, Andrew Brown’s mind, spirit movement was accepted as part of the social Without Andrew Brown we would not have and love still remained strong! That mem- consensus, putting his life, family and had African Americans elected to statewide ory, and all the memories of his good works, church at risk as he led demonstrations office or be on the verge of having a Black in will stay with me for the rest of my days. against segregation. Congress! My sympathies and those of our commu- Meanwhile, he continued his pastoral work Without Andrew Brown, there would not be nity goes to wife Rosa Lee, son Thomas and at St. John’s Missionary Baptist Church. Blacks living all over, from Geist, to Pike, to daughters Monica and Adrienne. We thank ‘‘He was an extraordinary Baptist preacher Carmel and Fishers, yes even on the South- you for sharing Andrew with us. [who] had a marvelous voice and could move side of Marion County! a congregation with song,’’ said Sam Jones, Other than Frank P. Lloyd, Brown was the When Abraham Lincoln died, Secretary of president of the Indianapolis Urban League. only Black universally respected by the city War Edward Stanton uttered six words that Jones also took note of Brown’s friendships fathers and our own community! serves as an epitaph for Brown: ‘‘Now, he be- with prominent political and social leaders, He had the stature to develop operational longs to the ages.’’ both locally and nationally. unity among Indianapolis Black churches. Bye Rev. Brown * * * E1610 CONGRESSIONAL RECORD — Extensions of Remarks September 12, 1996 [From the Indianapolis Recorder, Aug. 10, for Black soldiers, Brown sought and re- of 1965, he said, ‘‘I have attacked the power 1996] ceived a field commission from General structure here. I have been threatened 10 A.J. BROWN JR.: THE MAN AND THE Dwight D. Eisenhower and became a chap- times today; I should be dead by midnight if LIBERATING THEOLOGY lain in the U.S. Army. any of those threats are carried out.’’ He Brown attended Bishop College in Marshall (Editor’s Note: This article is a reprint from would not be deterred by these threats. Texas, where he became acquainted with the Tribute and Birthday Celebration booklet, In keeping with his firm resolve to achieve other young Blacks involved in the Civil which was held in the honor of Rev. Dr. An- social reform, as president of the newly orga- Rights struggle such as Coleman W. Kerry drew J. Brown Jr. Nov. 20, 1995.) nized Central Indiana Christian Leadership who was later appointed by President Rich- During the late 1940’s, a Black church rose Conference, he continually criticized Blacks ard Nixon to the Education Task Force of up from among the local Indianapolis Negro for being too complacent. He urged Blacks in North Carolina, and George Dudley who be- churches protesting loudly against racism, the Indianapolis Community to join the na- came president of the city council of Rocky discrimination, and poverty. tional Civil Rights struggle by participating Mountain, NC. Brown also attended the But- St. John Missionary Baptist Church began in the Poor People’s March on Washington in ler University School of Religion. as a basement church comprised of 57 mem- May, 1968. During the 1950s and ’60s, like his Black bers, but later grew into one of the largest, Rev. Brown and St. John were to stage counterparts, Brown was involved in the most progressive Black churches in the Unit- many of his such rallies for social justice in Civil Right’s Movement in other parts of the ed States. The uncharacteristic progressive- the coming years. United States. Rev. Brown preached a social ness of St. John can be attributed to its pas- gospel, initiating the Civil Rights struggle in Out of St. John Baptist Missionary Church, tor, Rev. Andrew J. Brown, whose firm re- the state of Indiana. Ever conscious of bomb in 1971, was born the Indiana Black Expo, an solve was to raise the social conscience of threats, night sticks, threats of dismissal exposition which yearly details the contribu- the community. from their jobs, and mutilation of their prop- tions of Blacks to the economic and social ‘‘Dr. Brown made me believe that I was erty, the congregation of St. John stood fast, growth of Indiana, depicts their history and just as good as anyone else and he then and supported its minister. heritage, and celebrates their progress in the taught me how to make others feel the Dying were the days of the docile, passive total equality struggle, both economically same,’’ said Larry Veal, a former Indianap- Negro church in Indianapolis, and in its and socially. The establishment of Indiana olis resident who attended St. John as a place grew the Black church still denouncing Operation Breadbasket is one example of this youth and was appointed director of the St. evil, but demanding human rights, and no effort. John’s Youth Awareness Program in 1989. ‘‘I longer accepting second-class citizenship for Rev. Brown and the church he nurtured am truly going to miss Dr. Brown, but his its people. provided the Indianapolis community with a mission will live on through me and hun- Despite threats of bodily harm to himself renewed sense of Black pride and Christian dreds of others that he has touched.’’ and family in 1962, with the support and pro- hope, his life has been a continued example Through Brown’s resoluteness to bring tection of his parishioners, Brown, then the of achievement through foresight persever- about social reform, St. John became the president of the Indianapolis NAACP, urged ance, prayer and the Christian belief that it focal point in the Indianapolis community, the city of Indianapolis officials to hire more is man’s duty to act out the eternal truths of and many progressive Blacks gravitated to- Black police Officers, pointing out that the God within society. ward it. Black population was 20 percent and the po- When asked about his visions for tomor- Brown believed the very nature of a min- lice force only represented 10 percent of the row. ister’s calling is to make people uncomfort- Black population. ‘‘Don’t think the storm is passing over able, and that the religion of Jesus Christ is As president of the Indiana Christian Lead- yet,’’ said Brown. ‘‘Things sometimes have revolutionary. ership Conference, a Southern Christian to get worse before they get better. Today, His formative years were spent with grand- Leadership Conference Affiliate in 1963, we have more subtle injustices, you can’t see parents from the south who instilled a sense Brown brought about the first coming to- immediately, but they affect us more than of self-worth, Christian hope, and pride in his gether of Blacks in Indianapolis to form a we know.’’ Black heritage. Another major influence in single voting block to demonstrate the ‘‘The Black Church had a liberating theol- Brown’s life was the late Adam Clayton Pow- power of the Black vote. ell Jr., a noted politician and minister of so- ogy, bringing about change and it should al- Members of St. John participated signifi- ways seek to preserve its religious freedom cial gospel. cantly in taking the civil rights struggle Brown embraced Powell’s philosophy of a not only for itself, but for the benefit and into their career areas in politics, business, the posterity of this country.’’ holistic concept of the church and was criti- government, education economics, and com- Rev. Brown then leaned back in his chair, cal of any attempt to separate spirituality munity development. from social reality. The members and its minister provided closed his eyes, placed his finger tips on the The civil right struggle of Martin Luther leadership and support to the Black commu- edge of his desk and spoke ‘‘If this country is King Jr. in Montgomery strengthened nity by protesting against police brutality to survive, it will be because the Blacks who Brown’s resolve to evoke social change in In- and unfair hiring practices by staging free- were last, will become first in demonstrating diana. Brown was also fortunate to have his dom rallies, leading picketing marches, and the Christian love that truly can bring peo- supportive, unfaltering, loyal wife, Rosa Lee holding inquisitions into Indiana politics. ple together—a perfect love that casts out Brown, at his side. Mrs. Brown, a nurse, is Brown urged Indiana Blacks to join the fear. from Chicago where she was a labor orga- March For Equal Rights in Selma, Ala., in ‘‘If we, God’s people, would become inter- nizer and an ardent community activist. March 1965. It was during this participation ested in loving and preferring one another, Rev. Brown’s most vivid recollection of in the march that he had to maneuver to this country could survive,’’ he said. bigotry and racism was during his years keep his car from being run off the road by Rev. Andrew J. Brown, Jr., 75, died Aug. 2 overseas in World War II. There were very Ku Klux Klansmen in Alabama. in his sleep. Funeral services for Rev. Brown few chaplains for Blacks in the United States Realizing that he was up against the power were held Thursday at St. John Missionary Army. Seeing the need for spiritual guidance structure, Brown did not keep quiet. In April Baptist Church. Thursday, September 12, 1996 Daily Digest

HIGHLIGHTS House Passed Energy and Water Appropriations Conference Report. House Committees ordered reported 9 sundry measures. Senate conduct a pilot program involving States participa- Chamber Action tion in the FTS2000 program. Pages S10355±56 Routine Proceedings, pages S10349–S10509 Shelby (for Bingaman/Jeffords) Amendment No. Measures Introduced: Five bills and one resolution 5271, to provide for a reduction in the energy costs were introduced, as follows: S. 2067–2071, and S. of the facilities used by an agency. Pages S10357±61 Res. 290. Page S10426, S10429±30 Shelby (for Daschle) Amendment No. 5272, to establish a national repository for arson and explosive Measures Reported: Reports were made as follows: information. Pages S10357±61 H.R. 3755, making appropriations for the Depart- Shelby (for D’Amato) Amendment No. 5273, to ments of Labor, Health and Human Services, and reform the commemorative coin programs of the Education, and related agencies, for the fiscal year United States Mint in order to protect the integrity ending September 30, 1997, with amendments. (S. of such programs and prevent losses of Government Rept. No. 104–368) funds. Pages S10357±61 Treasury/Postal Service Appropriations, 1997: Subsequently, the amendment was modified. Senate continued consideration of H.R. 3756, mak- Pages S10373±74 ing appropriations for the Treasury Department, the Shelby (for McCain) Amendment No. 5274, to United States Postal Service, the Executive Office of provide for the continuation of the term of a mem- the President, and certain Independent Agencies, for ber of the Morris K. Udall Scholarship Board after the fiscal year ending September 30, 1997, agreeing the member’s term has expired until a successor is to further excepted committee amendments, and tak- chosen. Pages S10357±61 ing action on amendments proposed thereto, as fol- Shelby (for Dorgan) Amendment No. 5275, to lows: Pages S10349±74, S10377±S10400 allow the Department of the Interior to transfer di- Adopted: rectly to Indian tribes in North and South Dakota Shelby (for Grams) Amendment No. 5261, to reportable housing units at the Grand Forks Air Force quire the Internal Revenue Service to allocate suffi- Base which have been declared excess by the Depart- cient funds and staff for providing improved IRS ment of Defense. Pages S10357±61 Shelby (for Byrd) Amendment No. 5276, to pro- 1–800 help line service to taxpayers. Pages S10355±56 vide funding for the establishment of a flexiplace Shelby (for Faircloth) Amendment No. 5262, to work telecommuting center in West Virginia. prohibit the Internal Revenue Service from using Pages S10357±61 color printing for purposes other than to call atten- Shelby (for Hatfield) Amendment No. 5277, to tion to changes in tax law or to make tax forms easi- make funds available for the renovation of the Pio- er to use. Pages S10355±56 neer Courthouse in Portland, Oregon. Shelby (for Levin) Amendment No. 5263, to ex- Pages S10357±61 press the sense of the Senate to fully support the Shelby (for Gramm) Amendment No. 5278, to ex- U.S. negotiators’ position in the Framework Agree- press the sense of the Senate in support of new bor- ment on Autos and Auto Parts with Japan. der station construction in Laredo, Texas. Pages S10355±56 Pages S10357±61 Shelby (for Thompson) Amendment No. 5264, to Committee amendment beginning on page 129, authorize the Administrator of General Services to line 20, through page 130, line 18, to strike section D927 D928 CONGRESSIONAL RECORD — DAILY DIGEST September 12, 1996 638 limiting the number of White House political to provide a penalty for the use of a controlled sub- appointees to 2,300. (By 36 yeas to 62 nays (Vote stance with the intent to commit a crime of vio- No. 288), Senate failed to table the amendment.) lence, including rape. Pages S10393±95 Pages S10366±72 Withdrawn: By 97 yeas to 2 nays (Vote No. 289), Lautenberg Hatch Modified Amendment No. 5257 (to Amendment No. 5241, to prohibit persons convicted Amendment No. 5256), to reimburse the victims of of a crime involving domestic violence from owning the White House Travel Office firing and investiga- or possessing firearms. Pages S10377±80 tion. Page S10349 Shelby Amendment No. 5313, to provide funding Department of the Interior Appropriations, for the review of trade issues authorized by the 1997—Agreement: A unanimous-consent agree- North American Free Trade Agreement Implementa- ment was reached providing for the consideration of tion Act (P.L. 103–182). Page S10380 H.R. 3662, making appropriations for the Depart- Shelby (for Kerrey) Amendment No. 5314, to ment of the Interior and related agencies for the fis- transfer certain General Services Administration cal year ending September 30, 1997, on Friday, Sep- funds for Basic Repairs and Alterations to Policy and tember 13, 1996. Pages S10400±01, S10508±09 Operations. Page S10380 Kohl Amendment No. 5244, to amend title 18, Messages From the House: Pages S10424±25 United States Code, to establish as a Federal offense Measures Referred: Page S10425 the possession of a gun within 1000 yards of a Measure Placed on the Calendar: Page S10425 school. (By 27 yeas to 72 nays (Vote No. 290), Sen- ate failed to table the amendment.) Communications: Pages S10425±26 Pages S10383±85, S10395±96 Statements on Introduced Bills: Pages S10426±28 McCain/Helms Amendment No. 5266, to increase Additional Cosponsors: Page S10428 funding for drug interdiction efforts. Pages S10388±89 Rejected: Amendments Submitted: Pages S10430±S10506 By 46 yeas to 52 nays (Vote No. 286), Reid/ Notices of Hearings: Pages S10506±07 Levin/Biden Modified Amendment No. 5256, to Authority for Committees: Page S10507 refer the White House travel office matter to the Court of Federal Claims. Pages S10349±53 Additional Statements: Pages S10507±08 Kerry Amendment No. 5279, to make funds Notice of Proposed Rulemaking: Pages S10405±20 available for a study of tagging explosive materials. Record Votes: Five record votes were taken today. (By 57 yeas to 42 nays (Vote No. 287), Senate ta- (Total—290) bled the amendment.) Pages S10361±66 Pages S10353, S10366, S10372, S10380, S10396 Pending: Kassebaum Amendment No. 5235 (to committee Adjournment: Senate convened at 9:30 a.m., and amendment on page 16, line 16, through page 17, adjourned at 8:41 p.m., until 9:30 a.m., on Friday, line 2), to express the sense of the Senate regarding September 13, 1996. (For Senate’s program, see the communications between physicians and their pa- remarks of the Majority Leader in today’s Record on tients. Pages S10349, S10354±55 pages S10508–09.) Daschle Amendment No. 5234, to establish health insurance equity for Congressional and con- Committee Meetings tract employees. Pages S10381±82, S10396 Ashcroft Amendment No. 5316 (to Amendment (Committees not listed did not meet) No. 5234), to provide for workforce flexibility for employees of certain Federal contractors. APPROPRIATIONS—LABOR/HHS/ Pages S10396±97 EDUCATION Biden Amendment No. 5295, to provide for the Committee on Appropriations: Committee ordered favor- rescheduling of flunitrazepam into schedule of the ably reported, with amendments, H.R. 3755, mak- Controlled Substance Act. Pages S10385±88 ing appropriations for the Departments of Labor, Graham Amendment No. 5245, to ensure that Health and Human Services, and Education, and re- Medicare beneficiaries have emergency and urgent lated agencies for the fiscal year ending September care provided and paid for by establishing a defini- 30, 1997. tion of an emergency medical condition that is based upon the prudent layperson standard. Pages S10390±93 COUNTERTERRORISM Hatch Amendment No. 5315 (to Amendment Committee on Appropriations: Subcommittee on Com- No. 5295), to amend the Controlled Substances Act merce, Justice, State, and the Judiciary and Related September 12, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D929 Agencies concluded open and closed hearings on Ad- S. 1804, to make technical and other changes to ministration counterterrorism strategies, focusing on the laws dealing with the territories and Freely Asso- a proposed funding initiative to reduce the threat of ciated States of the United States, with amendments; terrorism both nationally and abroad, after receiving H.R. 655, to authorize funds for fiscal years 1996 testimony from Janet Reno, Attorney General, De- through 1998 for hydrogen research, development, partment of Justice. and demonstration programs of the Department of Energy, with an amendment; IRAQ S. 1809, entitled ‘‘Aleutian World War II Na- Committee on Armed Services: Committee held hearings tional Historic Sites Act of 1996’’; to examine the current situation in Iraq, receiving S. 608, to establish the New Bedford Whaling testimony from James A. Baker, former Secretary of National Historical Park in New Bedford, Massachu- State; and Anthony Cordesman, Center for Strategic setts, with an amendment; and International Studies, Washington, D.C. S. 695, to provide for the establishment of the Committee recessed subject to call. Tallgrass Prairie National Preserve in Kansas, with DOD INVESTIGATIVE SERVICES an amendment in the nature of a substitute; S. 902, to authorize the Secretary of the Interior Committee on Armed Services: Subcommittee on Person- to assist in the construction of a building to be used nel concluded hearings to examine the practices and jointly by the Secretary for park purposes and by the procedures of the investigative services of the De- city of Natchez, Mississippi, as an intermodal trans- partment of Defense and the military departments portation center, with an amendment; concerning investigations into the deaths of military S. 951, to commemorate the service of First Ladies personnel which may have resulted from self-in- Jacqueline Kennedy and Patricia Nixon to improv- flicted causes, after receiving testimony from Rep- ing and maintaining the Executive Residence of the resentatives Pallone and Brownback; Eleanor Hill, President and to authorize grants to the White Inspector General, Brig. Gen. Daniel A. Doherty, House Endowment Fund in their memory to con- Commanding General, United States Army Criminal tinue their work, with an amendment; Investigation Command, Roy D. Nedrow, Director, Naval Criminal Investigative Service, and Brig. Gen. S. 1127, to establish the Vancouver National His- Francis X. Taylor, Commander, Air Force Office of toric Reserve in the State of Washington, with an Special Investigations, all of the Department of De- amendment; fense; and certain public witnesses. S. 1699, to establish the National Cave and Karst Research Institute in the State of New Mexico; BUSINESS MEETING S. 1706, to increase the amount authorized to be Committee on Energy and Natural Resources: Committee appropriated for assistance for highway relocation ordered favorably reported the following bills: with respect to the Chickamauga and Chattanooga H.R. 531, to designate the Great Western Scenic National Military Park in the State of Georgia; Trail as a study trail under the National Trails Sys- H.R. 3198, to authorize funds to establish a na- tem Act; tional cooperative geologic mapping program be- H.R. 1091, to improve the National Park System tween the United States Geological Survey and State in the Commonwealth of Virginia, with an amend- geological surveys; ment in the nature of a substitute; S. 1649, to extend contracts between the Bureau S. 1844, to amend the Land and Water Conserva- of Reclamation and irrigation districts in Kansas and tion Fund Act to direct a study on the opportunities Nebraska, with an amendment; for enhanced water based recreation, with an amend- S. 1719, to require the Secretary of the Interior to ment; offer to sell to certain public agencies the indebted- H.R. 1786, to regulate fishing in certain waters ness representing the remaining repayment balance in Alaska; of certain Bureau of Reclamation projects in Texas, S. 1010, to amend the ‘‘unit of general local gov- with an amendment in the nature of a substitute; ernment’’ definition for Federal payments in lieu of S. 1921, to authorize the Secretary of the Interior taxes to include unorganized boroughs in Alaska, to transfer certain facilities at the Minidoka project with an amendment in the nature of a substitute; to the Burley Irrigation District in the State of S. 1889, to authorize the exchange of certain lands Idaho, with an amendment in the nature of a sub- conveyed to the Kenai Natives Association pursuant stitute; to the Alaska Native Claims Settlement Act, to S. 1986, to provide for the completion of the make adjustments to the National Wilderness Sys- Umatilla Basin Project in the State of Oregon, with tem, with an amendment; an amendment in the nature of a substitute; D930 CONGRESSIONAL RECORD — DAILY DIGEST September 12, 1996 S. 2015, to convey certain real property located ginia; and Barbara Basser-Bigio, Goldman, Sachs and within the Carlsbad Project in the State of New Company, New York, New York. Mexico to the Carlsbad Irrigation District; S. 2033, to repeal requirements for unnecessary or NORTH KOREA obsolete reports from the Department of Energy, Committee on Foreign Relations: Subcommittee on East with an amendment; and Asian and Pacific Affairs concluded hearings to ex- H.R. 2636, to transfer jurisdiction over certain amine the status of United States-North Korea rela- parcels of Federal real property located in the Dis- tions, after receiving testimony from Representative trict of Columbia. Tony Hall; Mark Minton, Director, Office of Korean Affairs, Department of State; RAdm. William NATIONAL PARKS CAPITAL Wright, Director, Office of Asia/Pacific Affairs, Bu- IMPROVEMENTS ACT reau of International Security Affairs, Department of Committee on Energy and Natural Resources: Sub- Defense; Stanley O. Roth, Director of Research and committee on Parks, Historic Preservation and Studies, United States Institute of Peace; James R. Recreation concluded hearings on S. 1965, to au- Lilley, American Enterprise Institute, Robert L. thorize the Secretary of the Interior to assess up to Galucci, Georgetown University, and William J. $2 per person visiting the Grand Canyon or other Taylor, Jr., Center for Strategic and International national parks to secure bonds for capital improve- Studies, all of Washington, D.C.; and Donald P. ments to the park, after receiving testimony from Gregg, Korea Society, and Stephen W. Bosworth, Senator McCain; Roger G. Kennedy, Director, Na- Korean Peninsula Energy Development Organiza- tional Park Service, Department of the Interior; Rob- tion, both of New York, New York. ert Koons, Grand Canyon Fund and Grand Canyon Association, Grand Canyon, Arizona; Aubrey C. INTELLIGENCE King, Travel and Tourism Government Affairs Select Committee on Intelligence: On Wednesday, Sep- Council, and James D. Maddy, National Park Foun- tember 11, committee met in closed session to con- dation, both of Washington, D.C.; Robert Everidge, sider pending committee business, but made no an- National Tour Association, Inc., Alexandria, Vir- nouncements, and recessed subject to call. h House of Representatives tions for energy and water development for the fiscal Chamber Action year ending September 30, 1997. Bills Introduced: 16 public bills, H.R. 4062–4077; Pages H10237±H10329, H10336±44 1 private bill, H.R. 4078; and 3 resolutions, H. Con Rejected the Obey motion to recommit the con- Res. 213–214, and H. Res. 251, were introduced. ference report to the committee of conference. Pages H10385±86 Pages H10343±44 Reports Filed: Reports were filed as follows: Earlier, it was made in order that at any time on Conference report on H.R. 3816, making appro- Thursday, September 12 or any day thereafter, to priations for energy and water development for the consider the conference report to accompany H.R. fiscal year ending September 30, 1997 (H. Rept. 3816; that all points of order against the conference 104–782); report and against its consideration be waived; and H.R. 3876, to amend the Juvenile Justice and De- that the conference report be considered as read linquency Prevention Act of 1974 to authorize ap- when called up. Page H10329 propriations for fiscal years 1997, 1998, 1999, 2000, M-F-N Treatment to Cambodia: House agreed to amended (H. Rept. 104–783); and the Senate amendment to H.R. 1642, to extend non- H.R. 3460, to establish the Patent and Trademark discriminatory treatment (most-favored-nation treat- Office as a Government corporation, amended (H. ment) to the products of Cambodia—clearing the Rept. 104–784). Pages H10237±H10329, H10385 measure for the President. Pages H10344±45 Energy and Water Appropriations Conference Legislative Program: The Majority Leader an- Report: By a yea-and-nay vote of 383 yeas to 29 nounced the legislative program for the week of Sep- nays, Roll No. 413, the House passed the conference tember 16. Agreed that when the House adjourns report to accompany H.R. 3816, making appropria- September 12, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D931 today, it adjourn to meet at noon on Monday, Sep- OVERSIGHT—FAIR LABOR STANDARDS tember 16. Pages H10345±47 ACT Meeting Hour: Agreed that when the House ad- Committee on Economic and Educational Opportunities: journs on Monday, it adjourns to meet at 12:30 p.m. Subcommittee on Workforce Protections held an on Tuesday, September 17, for morning hour de- oversight hearing on the Fair Labor Standards Act. bates. Page H10347 Testimony was heard from Representative Tate; and Calendar Wednesday: Agreed to dispense with Cal- public witnesses. endar Wednesday business of September 18. OFF LABEL DRUG USE AND FDA REVIEW Page H10347 OF SUPPLEMENTAL DRUG APPLICATIONS Quorum Calls—Votes: One yea-and-nay vote de- Committee on Government and Oversight: Subcommittee veloped during the proceedings of the House today on Human Resources and Intergovernmental Rela- and appears on page H10344. There were no tions held a hearing on Off Label Drug Use and quorum calls. FDA Review of Supplemental Drug Applications. Adjournment: Met at 10:00 a.m. and adjourned at Testimony was heard from Sarah Jagger, Director, 2:48 p.m. Health Services Quality and Public Health Issues, GAO; from the following officials of the Department Committee Meetings of Health and Human Services: Michael Friedman, M.D., Deputy Commissioner, Operations, FDA; and STATE TRADING ENTERPRISES; Janet Woodcock, M.D., Director, Center for Drug COMMITTEE BUSINESS Evaluation and Research; and public witnesses. Committee on Agriculture: Held a hearing to review State Trading Enterprises. Testimony was heard from CHINA’S MILITARY SALES TO IRAN Senator Kohl; Richard Rominger, Deputy Secretary, Committee on International Relations: Held a hearing on USDA; and public witnesses. Consequences of China’s Military Sales to Iran. Testi- The Committee also met to consider pending mony was heard from public witnesses. Committee business. INTERNATIONAL FINANCIAL HATCH ACT VIOLATIONS INSTITUTION LENDING TO ASIA Committee on Agriculture: Subcommittee on Depart- Committee on International Relations: Subcommittee on ment Operations, Nutrition and Foreign Agriculture Asia and the Pacific and the Subcommittee on Inter- met to consider Hatch Act and related law viola- national Economic Policy and Trade held a joint tions. hearing on International Financial Institution Lend- CONSUMER DEBT ing to Asia. Testimony was heard from David Committee on Banking and Financial Services: Held a Lipton, Assistant Secretary, International Affairs, De- hearing on consumer debt. Testimony was heard partment of the Treasury; and public witnesses. from Lawrence Lindsey, member, Board of Gov- ROLE OF CONGRESS IN MONITORING ernors, Federal Reserve System; Ricki Helfer, Chair- ADMINISTRATIVE RULEMAKING man, FDIC; Eugene Ludwig, Comptroller of the Committee on the Judiciary: Subcommittee on Com- Currency, Department of the Treasury; and public mercial and Administrative Law held a hearing on witnesses. the role of Congress in monitoring administrative NATIONAL MOTOR VEHICLE SAFETY, rulemaking, including the following bills: H.R. 47, ANTI-THEFT, TITLE REFORM AND Regulatory Relief and Reform Act; H.R. 2727, Con- CONSUMER PROTECTION ACT OF 1996 gressional Responsibility Act of 1995; and H.R. Committee on Commerce: Subcommittee on Commerce, 2990, Significant Regulation Oversight Act of 1996. Trade, and Hazardous Materials held a hearing on Testimony was heard from Representatives Smith of H.R. 2900, National Motor Vehicle Safety, Anti- Michigan, Hayworth, Taylor of North Carolina and Theft, Title Reform, and Consumer Protection Act Brewster; and public witnesses. of 1996. Testimony was heard from public witnesses. ETHICAL STANDARDS FOR FEDERAL FCC MODERNIZATION ACT OF 1996 PROSECUTORS ACT Committee on Commerce: Subcommittee on Tele- Committee on the Judiciary: Subcommittee on Courts communications and Finance approved for full Com- and Intellectual Property held a hearing on H.R. mittee action amended H.R. 3957, FCC Moderniza- 3386, Ethical Standards for Federal Prosecutors Act tion Act of 1996. of 1996. Testimony was heard from Representative D932 CONGRESSIONAL RECORD — DAILY DIGEST September 12, 1996 McDade; Seth P. Waxman, Associate Deputy Attor- er. Testimony was heard from Representative Dicks; ney General, Office of the Deputy Attorney General, and public witnesses. Department of Justice; and public witnesses. AMERICAN LAND SOVEREIGNTY CHILDREN’S PRIVACY PROTECTION AND PROTECTION ACT OF 1996 PARENTAL EMPOWERMENT ACT Committee on Resources: Held a hearing on H.R. 3752, Committee on the Judiciary: Subcommittee on Crime American Land Sovereignty Protection Act of 1996 held a hearing on H.R. 3508, Children’s Privacy (Public Law 104–43). Testimony was heard from Protection and Parental Empowerment Act. Testi- Representative Hutchinson; George T. Frampton, mony was heard from Representative Franks of New Jr., Assistant Secretary, Fish and Wildlife and Parks, Jersey; and public witnesses. Department of the Interior; and public witnesses. OVERSIGHT—HOUSE TASK FORCE ON FISHERIES ACT OF 1995 IMMIGRATION REFORM Committee on Resources: Subcommittee on Fisheries, Committee on the Judiciary: Subcommittee on Immi- Wildlife and Oceans held an oversight hearing on gration and Claims held an oversight hearing on Al- the Fisheries Act of 1995 (P.L. 104–43). Testimony leged Deception of Congressional Delegation to was heard from R. Tucker Scully, Acting Deputy Miami District of the Immigration and Naturaliza- Assistant Secretary, Oceans, Department of State; tion Service. Testimony was heard from the follow- and Rolland Schmitten, Assistant Administrator, ing officials of the Department of Justice: Michael Fisheries, National Marine Fisheries Service, Depart- Bromwich, Inspector General; Doris Meissner, Com- ment of Commerce. missioner, Chris Sale, Deputy Commissioner and William Slattery, Executive Associate Commissioner, NORTHWEST CALIFORNIA FOREST all with the Immigration and Naturalization Service. HEALTH AND ECONOMIC RECOVERY ACT Committee on Resources: Subcommittee on National MISCELLANEOUS MEASURES Parks, Forests and Land held a hearing on H.R. Committee on National Security: Ordered reported 2712, Northwest California Forest Health and Eco- amended the following measures: H.R. 4000, to nomic Recovery Act. Testimony was heard from amend title 10, United States Code, to restore the Representative Riggs; John Garamendi, Deputy Sec- provisions of chapter 76 of that title, relating to retary, Department of the Interior; and public wit- missing persons as in effect before the amendments nesses. made by the National Defense Authorization Act for fiscal year 1997; H.R. 3142, Uniformed Services OVERSIGHT—FOREST SERVICE RESOURCE Medicare Subvention Demonstration Project Act; H. MANAGEMENT AND FIRE CONTROL Con. Res. 200, expressing the sense of the Congress Committee on Resources: Subcommittee on National regarding the bombing in Dhahran, Saudi Arabia; Parks, Forests and Lands held an oversight hearing and H. Con. Res. 180, commending the Americans on Forest Service resource management and fire con- who served the United States during the period trol. Testimony was heard from Representative known as the cold war. Herger; James R. Lyons, Under Secretary, Natural Resources and Environment, USDA; and public wit- ARMY STRATEGIC MOBILITY PROGRAM nesses. Committee on National Security: Subcommittee on Mili- tary Installations and Facilities held a hearing on in- OVERSIGHT—CENTRAL VALLEY PROJECT frastructure requirements to support the Army stra- IMPROVEMENT ACT tegic mobility program. Testimony was heard from Committee on Resources: Subcommittee on Water and the following officials of the Department of the Power Resources held an oversight hearing on Army: Maj. Gen. Frank Miller, Jr., USA, Assistant progress report on the administrative attempts to Chief of Staff, Installation Management; Maj. Gen. implement the Central Valley Project Improvement Charles Mahan, USA, Director, Supply and Mainte- Act. Testimony was heard from John Garamendi, nance, Office of the Assistant Chief of Staff, Logis- Deputy Secretary, Department of the Interior; and tics; and Brig. Gen. Howard von Kaenel, USA, Di- public witnesses. rector, Plans and Policy, Assistant Chief of Staff, Op- PREPARING FOR THE 105TH CONGRESS erations and Plans. Committee on Rules: Subcommittee on Rules and Or- B–2 BOMBER ganization of the House and the Subcommittee on Committee on National Security: Subcommittee on Mili- Legislative and Budget Process concluded joint hear- tary Procurement held a hearing on the B–2 Bomb- ings on Building on Change: Preparing for the September 12, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D933 105th Congress. Testimony was heard from Rep- dan, Deputy Assistant Secretary, Enforcement Policy resentatives Skaggs, LaHood, Sawyer, Vucanovich, and Support, Department of Defense; Mary Lee War- Waxman, Wolf, Roemer, Norton, Barton of Texas ren, Deputy Assistant Attorney General, Criminal and Houghton. Division, Department of Justice; Harvey G. Pothier, Deputy Assistant Commissioner, Office of Aviation LIFE ON MARS? Operations, U.S. Customs Service, Department of the Committee on Science: Subcommittee on Space and Aer- Treasury; Capt. William G. Bozin, USN, Assistant onautics held a hearing on Life on Mars?. Testimony Deputy Director, Office of Supply Reduction, Office was heard from the following officials of NASA: of National Drug Policy; Pedro R. Pierluisi, Attor- David S. McKay, Assistant for Exploration, Earth ney General, Commonwealth of Puerto Rico; and Science and Solar System Exploration Division, John- public witnesses. son Space Center; and Wesley T. Huntress, Jr., Asso- ciate Administrator, Space Science; and public wit- RURAL HEALTH CARE nesses. Committee on Ways and Means: Subcommittee on Health held a hearing on rural health care issues. MISCELLANEOUS MEASURES Testimony was heard from Representatives Gunder- Committee on Transportation and Infrastructure: Ordered son and Poshard; the following officials of the De- reported the following bills: H.R. 3923, amended, partment of Health and Human Services: Jeffrey Aviation Disaster Family Assistance Act of 1996; Human, Director, Office of Rural Health; and Kath- H.R. 3217, amended, National Invasive Species Act leen Buto, Associate Administrator, Policy, Health of 1996; H.R. 3348, amended, Snow Removal Pol- Care Financing Administration; and public wit- icy Act; H.R. 3153, amended, to amend title 49, nesses. United States Code, to exempt from regulation the transportation of certain hazardous materials by vehi- SSA AS AN INDEPENDENT AGENCY cles with a gross vehicle weight rating of 10,000 Committee on Ways and Means: Subcommittee on So- pounds or less; and H.R. 4040, Intermodal Safe cial Security concluded hearings on the performance Container Transportation Amendments Act of 1996. of the Social Security Administration as an Inde- The Committee also approved 6 Water Resources pendent Agency. Testimony was heard from David Survey Resolutions. C. Williams, Inspector General, SSA; Diana S. Eisenstat, Associate Director, Income Security Issues, OVERSIGHT—DRUG INTERDICTION Health, Education, and Human Services Division, Committee on Transportation and Infrastructure: Sub- GAO; and public witnesses. committee on Coast Guard and Maritime Transpor- f tation held an oversight hearing on drug interdiction and other matters related to the National Drug Con- COMMITTEE MEETINGS FOR FRIDAY, trol Policy. Testimony was heard from Jess Ford, As- SEPTEMBER 13, 1996 sociate Director, International Relations and Trade, Senate National Security and International Affairs Division, No meetings are scheduled. GAO; Ambassador Robert Gelhard, Assistant Sec- retary, International Narcotics and Law Enforcement House Affairs, Department of State; RAdm. Norman, T. Committee on Commerce, Subcommittee on Oversight and Saunders, USCG, Chief, Operations, U.S. Coast Investigations, hearing on Environmental Compliance Guard, Department of Transportation; Brian Sheri- Problems Facing Dry Cleaners, 9 a.m., 2322 Rayburn. D934 CONGRESSIONAL RECORD — DAILY DIGEST September 12, 1996

Next Meeting of the SENATE Next Meeting of the House of Representatives 9:30 a.m., Friday, September 13 12 noon, Monday, September 16

Senate Chamber House Chamber Program for Friday: Senate will begin consideration of Program for Friday: The House is not in session. H.R. 3662, Interior Appropriations, 1997.

Extensions of Remarks, as inserted in this issue

HOUSE Gordon, Bart, Tenn., E1597 Oxley, Michael G., Ohio, E1607 Hunter, Duncan, Calif., E1605 Pomeroy, Earl, N. Dak., E1605 Andrews, Robert E., N.J., E1595 Jacobs, Andrew, Jr., Ind., E1608 Riggs, Frank, Calif., E1596 Barcia, James A., Mich., E1592, E1596, E1602 Johnson, Nancy L., Conn., E1593 Roth, Toby, Wis., E1598 Bentsen, Ken, Tex., E1593 Johnson, Tim, S. Dak., E1601 Sanders, Bernard, Vt., E1606 Bevill, Tom, Ala., E1597 Kanjorski, Paul E., Pa., E1594, E1602 Shays, Christopher, Conn., E1602 Borski, Robert A., Pa., E1591, E1595 Kaptur, Marcy, Ohio, E1594 Smith, Linda, Wash., E1592 Collins, Cardiss, Ill., E1594 Lipinski, William O., Ill., E1591, E1595 Solomon, Gerald B.H., N.Y., E1601 DeLauro, Rosa L., Conn., E1598 McIntosh, David M., Ind., E1605 Spratt, John M., Jr., S.C., E1605 Engel, Eliot L., N.Y., E1592, E1600 Maloney, Carolyn B., N.Y., E1601 Stark, Fortney Pete, Calif., E1603 Ewing, Thomas W., Ill., E1591 Menendez, Robert, N.J., E1592, E1598 Towns, Edolphus, N.Y., E1594 Fields, Jack, Tex., E1596 Miller, George, Calif., E1606 Vela´ zquez, Nydia M., N.Y., E1594 Filner, Bob, Calif., E1597 Mink, Patsy T., Hawaii, E1597 Young, Don, Alaska, E1599

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available on the Wide Area Information Server (WAIS) through the Internet and via asynchronous dial-in. Internet users can access the database by using the World Wide Web; the Superintendent of Documents home page address is http://www.access.gpo.gov/suldocs, by using local WAIS client software or by telnet to swais.access.gpo.gov, then login as guest (no password required). Dial-in users should use communications software and modem to call (202) 512–1661; type swais, then login as guest (no password required). For general information about GPO Access, contact the GPO Access User Support Team by sending Internet e-mail to [email protected], or a fax to (202) 512–1262; or by calling (202) 512–1530 between 7 a.m. and 5 p.m. Eastern time, Monday through Friday, except for Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $112.50 for six months, $225 per year, or purchased for $1.50 per issue, payable in advance; microfiche edition, $118 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. Remit check or money order, made payable to the Superintendent of Documents, directly to the Government Printing Office, Washington, D.C. 20402. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.