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

Vol. 144 WASHINGTON, FRIDAY, OCTOBER 9, 1998 No. 141 Senate (Legislative day of Friday, October 2, 1998)

The Senate met at 9:30 a.m., on the RECOGNITION OF THE MAJORITY nificant bill that is important to every expiration of the recess, and was called LEADER State in the Nation. It had been tied up to order by the President pro tempore The PRESIDENT pro tempore. The with various and sundry problems, but (Mr. THURMOND). able majority leader is recognized. with a lot of hard work and a lot of co- Mr. LOTT. Thank you, Mr. President, operation, that bill was cleared. We and good morning to you. hope, now, the House will take expedi- PRAYER f tious action and we can complete ac- tion on the water resources bill before The Chaplain, Dr. Lloyd John SCHEDULE we go out for the year. Also, we did the Ogilvie, offered the following prayer: Mr. LOTT. Mr. President, this morn- human resources reauthorization and Eternal God, sovereign of history, ing there will be 15 minutes remaining the vocational education bill. When who gives beginnings and ends to the for debate on the religious freedom you couple higher education and voca- phases of our work, on whom our mor- bill. At 9:45, under a previous order, the tional education, plus the Coverdell A+ tal efforts depend, soon this hallowed Senate will proceed to vote on the pas- bill that Congress passed, there has Chamber will be silent for a time. The sage of the religious freedom bill. I been a significant achievement this 105th Congress will be completed. His- commend Senator ARLEN SPECTER and year in education. Even though the torians will write the human judg- Senator NICKLES and Senators on both President vetoed the ability for people ments of what has been accomplished, sides of the aisle who have worked on to save for their children’s education, higher education and vocational edu- but You will have the final word about this. I am sure Senator LIEBERMAN was cation are two areas where we have what has been achieved. It is Your af- involved, and others. I think this is a completed our action and will be firmation that we seek. Senators in really fine accomplishment in the wan- ing hours of this session of Congress. signed into law. both parties have prayed to know and I yield the floor. do Your will. Often there has been Following that vote, the Senate may consider any available appropriations The PRESIDING OFFICER. The Sen- sharp disagreement on what is best for ator from Oklahoma. conference reports—we have at least our Nation. Thank You for those times one that I believe could be taken up, f when debate led to deeper truth and that is the Treasury-Postal Service A PRODUCTIVE BIRTHDAY FOR compromise to the blending of aspects bill—and any other legislative or exec- THE MAJORITY LEADER for a greater solution. We need that utive items cleared for action. It is an- Mr. NICKLES. Mr. President, the ma- today. We remember those moving mo- ticipated that we will move at some jority leader announced several things ments when we sensed Your presence, point today to the nomination of Mr. we accomplished yesterday. It was a received supernatural power, and Paez from California, to be a judge for pretty productive day. Today I hope pressed on in spite of tiredness and ten- the Ninth Circuit. There is opposition, will be even a more productive day. Be- sion. We need that today. Help us to significant opposition to that nomina- cause it is one of the last days of our forgive and forget any memories of tion, so there will have to be some de- legislative session, but also because it strained relationships or debilitating bate and I am sure a vote. is the majority leader’s birthday, we differences. Preserve the friendships The Senate will also consider a con- want it to be a very productive day. that reach across party lines. We need tinuing resolution or an omnibus ap- f that today. propriations bill, should they become available or when they become avail- FREEDOM FROM RELIGIOUS Father, help us to finish well. Give us able. Members should expect, then, PERSECUTION ACT OF 1998 strength to complete the work of this rollcall votes throughout today’s ses- Mr. NICKLES. Mr. President, I think Congress with expeditious excellence. sion and into the evening. I thank my the regular order is we are back on the Renew the weary, reinforce the fa- colleagues for their attention. International Religious Freedom Act? tigued, rejuvenate the anxious. When it I might just note, last night a lot of The PRESIDING OFFICER (Mr. AL- is all said and done, there is one last good work was done in the wrapup, in- LARD). If the Senator will suspend, the word we long to hear. It is Your divine cluding approval of the intelligence au- clerk will report. accolade, ‘‘Well done, good and faithful thorization conference report and the The assistant legislative clerk read servant.’’ Amen. water resources bill. This is a very sig- as follows:

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

S12091

. S12092 CONGRESSIONAL RECORD — SENATE October 9, 1998 A bill (H.R. 2431) to establish an Office of want to recognize Cecile Shea who is that: ‘‘We hold these truths to be self- Religious Persecution Monitoring, to provide on my staff for the literally hundreds evident, that all men are created for the imposition of sanctions against coun- of hours she worked to help craft this equal’’ and that they have certain en- tries engaged in a pattern of religious perse- bill. dowments, not from the founders of the cution, and for other purposes. This effort began with some Pied Pip- country, not from a group of politi- The Senate resumed consideration of ers outside the Congress who educated cians. The endowments come from the bill. us to the fact that these religious free- their Creator, and the endowment is The PRESIDING OFFICER. There doms that we hold so dear in the the right to life, liberty and the pur- are 15 minutes equally divided. The United States are not real for many suit of happiness. Then in the very first Senator from Oklahoma. people, millions of people around the amendment to the Bill of Rights, they Mr. NICKLES. Mr. President, I spoke world. Surprisingly to many of us, they established the freedom of religion at length on this bill last night. I men- are particularly not real for people of that has been so dear to our country, tioned that we have had a lot of co- the Christian faith around the world, so central to our country and such a operation and effort on behalf of a lot who are subjected to discrimination, magnet for our fathers and grand- of Senators to help make this bill a re- and in many cases persecution. fathers and great grandfathers who ality and hopefully to soon become One of the people who started this ef- came here driven by a desire to have law. Principal among those is Senator fort was Michael Horowitz of the Hud- that freedom. LIEBERMAN from Connecticut, who is son Institute, and he deserves to be On this day, I think of my grand- not just a principal cosponsor, but a mentioned here and thanked for edu- mother who came here from Central tireless worker on behalf of individuals cating and opening our eyes to the per- Europe. My grandmother was probably throughout the world who have been secution that exists. Senator SPECTER one of the greatest American patriots I suffering from religious persecution or and Congressman WOLF introduced the ever knew, for a simple reason: She who desire religious freedom. Senator initial bill. They were the pioneers said to me in her old age how much she LIEBERMAN has been working on their here and blended together with the ef- loved the country. She said, ‘‘It may behalf. I am privileged to work with fort that Senator NICKLES and I initi- not seem that profound to you, it may him on this bill and I yield him such ated here in the Senate. I thank them not seem that complicated, but the time as he desires on this bill. for their support. fact I can walk to synagogue on Satur- As we come to the conclusion, I want Mr. LIEBERMAN. Mr. President, I day morning and not only is no one to thank the administration represent- thank my friend and colleague from harassing me or bothering me, not only atives, led by Under Secretary Stuart Oklahoma for his kind words and for do I live free of fear, not only do I have Eizenstat, who worked with us to craft his extraordinary leadership on this no hesitation about what I will find in the language that could finally be ap- measure. the synagogue, nobody bothering the proved by National Security Advisor The PRESIDING OFFICER. The Sen- building or any of us worshipping ator from Connecticut is recognized. Sandy Berger and the President. The administration endorsement guaran- there, but my neighbors who are not Mr. LIEBERMAN. Mr. President, we Jewish, as they see me, say ‘‘Good are heading rapidly to the end of this tees that when passed this legislation will become law. morning, Mrs. Manger, good Sabbath second half of the 105th Congress. to you.’ ’’ There will be time for reviews and The list of groups that endorsed the act is extraordinary, a true expression This to her expressed the essence of evaluations. Some will say what did we what it meant to be American and free accomplish in this second part of this of all of God’s children: The Episcopal Church, the Catholic and the gratitude that she felt. In some 105th Congress? I hope when we are Conference, the United Methodist measure, I suppose many of us are sup- asked that, one of the answers we will Church Women’s Division, the Evan- porting this legislation and trying to be able to give is that we adopted the gelical Lutherans, the American Jew- express that gratitude by extending as International Religious Freedom Act, a ish Committee, the Christian Coali- best we can that freedom and respect historic piece of legislation, genuinely tion, the National Association of to people around the world. bipartisan, representing and expressing Evangelicals—the list goes on and on Some say, ‘‘OK, it is good for the the core beliefs and values of the Amer- and on—the B’nai B’rith, the Anti-Def- United States. What gives you the ican people and putting those beliefs amation League, the Catholic con- right to tell other countries how they and values at the center of our foreign ference of Major Superiors of Men’s In- should treat their citizens?’’ What we policy. stitutes, the Jewish Council for Public are saying here is that we have the It is, in fact, a measure that has the Affairs, the National Conference of So- right to express our values; we have potential to affect the freedom, the viet Jewry, the Union of American He- the right to put our values at the cen- lives, the fates of tens of millions of brew Congregations, the Union of Or- ter of our foreign policy. Countries can people around the world today who are thodox Jewish Congregations of Amer- do what they will, but we have no obli- denied the basic right of freedom of re- ica, the American Coptic Association, gation to deal with countries on a nor- ligion that brought so many of our an- Advocates International, the Religious mal basis, to give them aid and com- cestors to the United States. Liberty Commission of the Southern fort if they are violating a central ani- This kind of measure does not reach Baptist Convention, Union of American mating principle of American life, the edge of passage without a lot of Hebrew Congregations, the Inter- which is freedom of religion. strong support. I thank particularly national Fellowship of Jews and Chris- Who else, if not a nation whose fore- the Senator from Oklahoma, Mr. NICK- tians, the Traditional Values Coalition, bears and citizens, beginning with the LES, and his outstanding staff—espe- the Justice Fellowship and the Church Puritans and continuing to this day, cially Steve Moffitt of that staff—for of the Disciples. suffered under persecutors in foreign the hundreds of hours that they spent What brought all of these groups to- lands before coming to this country? working on this legislation and the gether? What brought them together Who else will speak for those around spirit of common purpose that guided is, in many ways, what brought the the world who are denied those basic them as we went on. founders of our country to these shores liberties? I thank also my friend and colleague and what led them to declare their Mr. President, this legislation, finely from Delaware, Senator BIDEN, and his independence ultimately from England. crafted, worked on for more than a staff, particularly Brian McKeon, who And that was faith, shared faith in God year, expresses, in sensible terms, contributed immeasurably to, not only and a belief that no government has those values to which I have spoken. It the purpose, but to the way in which the right to tell people how to worship clearly states America’s unwavering this legislation is crafted; to Senator and certainly does not have the right commitment to religious freedom FEINSTEIN and her staff, particularly to discriminate against them or per- around the world. It requires that Dan Shapiro, for their very construc- secute them for the way in which they every succeeding American administra- tive contributions; and Senator COATS choose to express their faith in God. tion report once a year on the state of as well, about whom I have a little The founders of this country declared religious freedom in every country in more to say in a few moments. And I in the Declaration of Independence the world—put it on the record—and October 9, 1998 CONGRESSIONAL RECORD — SENATE S12093 also report on the steps the adminis- great monuments that he will leave as lation. I have never believed that to tration has taken to encourage—and he leaves the Senate. With this act, we deny innocent men, women and chil- that is the way this proposal will best send a message that our Nation, found- dren access to the very basic neces- work—and raise the status of religious ed under God, with freedom of con- sities of life places the United States as freedom in every country around the science on religion as its cornerstone is a government on a particularly high world to a level of visibility and report prepared to do what it can to extend moral ground at the very time we are on it. We have given the administra- those values reasonably, sensibly to trying to elicit a higher standard of tions—this and all future administra- people throughout the world. moral behavior by other governments. tions—a menu of choices to respond to, Mr. DODD. Mr. President, I rise to The bill also includes waiver authority some modest and, in most extreme support H.R. 2431—the International that will enable the President to react cases of persecution, some severe. Religious Persecution Act of 1998—as with flexibility to changing events in In nations where violations are par- amended by the substitute offered by furtherance of U.S. national interests. ticularly egregious, where torture, exe- Senator NICKLES and others. I believe Finally, the bill includes a sunset pro- cution and inhumane punishment rou- that the changes that this amendment vision that would lift any sanctions tinely are used to limit the free expres- makes to the underlying bill vastly im- imposed pursuant to this act after two sion of religion, today the President prove the effectiveness of this legisla- years, unless specifically reauthorized may choose from a list of economic in- tion in promoting religious freedom by the Congress. centives to pressure the offending gov- around the world and in better re- I believe that President Clinton is ernment to reform. The menu of sanc- sponding to actions that would deny committed to promoting international tions in this bill is narrowly focused. It people such freedom, regardless of religious freedom. In no way should the is designed to mitigate the offending where they reside. passage of this legislation be inter- behavior without causing economic Mr. President, we in the United preted as a criticism of the administra- hardship to our own country. The States are very fortunate. Our Found- tion’s efforts to champion the cause of President has a waiver authority on ing Fathers recognized the importance international religious freedom. Rath- the sanctions and is also required to of religious freedom as a bedrock issue. er, my support for this legislation seek, first, multilateral cooperation in That they did so is not surprising. It should be viewed as an effort to com- this sanctions bill. was borne out of their personal experi- plement the Administration’s efforts. But this is much more than a sanc- ences having been forced to flee their Passage of the pending legislation will tions bill. It is a reminder to the execu- countries because of religious intoler- signal to the world that the Congress tive branch of the American Govern- ance and outright persecution. For stands fully behind all efforts to pro- ment, both now and in the future, that that reason, religious freedom was mote religious freedom along with as it encourages human rights around given a prominent place by the drafters other fundamental human rights as a the world, it must consider freedom of of the Constitution—in the Bill of core component in the United States religion. Rights as the first amendment to the foreign policy agenda. This bill requires training in reli- I commend Senator NICKLES and my Constitution. gious freedom issues for foreign service colleague from Connecticut Senator We as Americans are not the only and immigration officials. It estab- LIEBERMAN for all their work on this ones who cherish and hold dear our re- lishes an independent commission to legislation. Thanks to their efforts to ligious freedom. This important and monitor religious persecution around perfect and refine its provisions, this unalienable right is also a part of the the world and to make recommenda- legislation will be far more effective in universal collection of rights that peo- tions to the administration on how to furthering U.S. efforts to promote re- ple around the globe hold sacred. It is encourage greater religious freedom. spect for religious freedom throughout recognized in both the Universal Dec- Mr. President, right now somewhere the world. in the world a man or woman lan- laration of Human Rights and the Mr. President, I am pleased to join guishes in prison, some on death row, International Covenant of Civil and Po- with them and many others in this because he or she did nothing more litical Rights. Chamber in voting for final passage of than choose faith in God over personal Despite the seeming universality of this bill at the appropriate time. expediency. They probably wonder if the right to religious freedom, people Mr. ASHCROFT. Mr. President, the anyone cares about what has happened throughout the planet are every day International Religious Freedom Act of to them. In too many places in this being denied the right to practice their 1998 represents a vitally important world today, a group, a village, perhaps religion—Christian and Jew, Moslem piece of legislation to raise awareness a province, will suffer economic hard- and Buddhist, Hindu and Baha’i. At its of and combat religious persecution ship, lack of access to medical care, most extreme, unthinkable acts have overseas. Some would downplay the systematic harassment and intimida- been perpetrated against an entire peo- problem of religious persecution tion because its citizens refuse to turn ple in the process of denying them the abroad, but preserving religious free- their backs on the most fundamental right to practice their faith, I am dom at home and promoting it in other definition of who they are. They won- speaking of the annihilation of more countries is central to the purpose and der, I suppose, whether anyone cares or than 6 million Jews by Adolf Hitler objectives of the United States. has noticed. And this bill, the Inter- while the world looked on. In our own history as a nation and in national Religious Freedom Act, says Even today, religious intolerance re- the histories of countries around the to them that we notice, we care and mains rooted in too many societies world, religious freedom has been at the Government of the strongest na- throughout the planet—in Iran, in the center of movements for broader tion in the world will speak up for Sudan, in Burma, in the People’s Re- civil liberty. Efforts to restrict reli- them to protect their right to worship public of China, in Russia—and this is gious freedom strike at the heart of their God in the way in which they by no means an exhaustive list. liberty itself. Thus, the United States choose. H.R. 2431, as amended, seeks to estab- has a duty to stand for religious liberty Mr. President, just a final word about lish a policy and procedures for the abroad as we continue to preserve it at our retiring colleague from Indiana, United States government to follow in home. Senator DAN COATS. As fine a person of defending religious freedom inter- If the Administration had been more faith as I have ever known in my life, nationally. It provides for the imposi- aggressive in confronting religious per- as trustworthy a man as I have ever tion of targeted sanctions against gov- secution, such legislation might not be had the privilege to work with, worked ernments which practice religious per- necessary. In fact, at a White House very hard on this piece of legislation secution. However, it also gives the meeting to discuss one of the major because the principles embodied in this President and the Secretary of State bills on religious persecution, Presi- legislation spring from the inner core some measure of flexibility in carrying dent Clinton told religious leaders that of this man of surpassing and illu- out the policy. legislation which actually required minating Christian faith. I am also pleased to note that it ex- him to confront persecution abroad In some measure, I think this is one cludes the denial of food and medicine would put ‘‘enormous pressure on who- of the great testaments, one of the as a sanctions option under this legis- ever is in the executive branch to fudge S12094 CONGRESSIONAL RECORD — SENATE October 9, 1998 an evaluation of the facts of what is Rather than embrace and encourage Mr. President, it has amazed me to going on.’’ the free expression of faith, the Chinese see how Americans’ awareness of reli- That is a troubling statement by the government is engaged in a massive, gious persecution abroad has grown President of the United States, which ongoing, and brutal effort to repress just in this decade. It is, no doubt, a re- not only calls us to question this Ad- non-sanctioned religious activity. Min- sult of the incredible resources and ministration’s commitment to fight re- isters or lay people who seek to prac- vast amounts of information that ordi- ligious persecution, but the reliability tice their faith free from bureaucratic nary Americans now have at their fin- of other presidential certifications on interference and oppression are sub- gertips. As more and more people gain issues such as Chinese missile and nu- jected to imprisonment, torture, and access to the Internet, the velocity of clear proliferation. Such statements by worse. The Far Eastern Economic Re- information continues to increase. Administration officials make it clear view noted that 15,000 religious sites Americans have learned about religious why legislation to address religious were destroyed by government police persecution by foreign governments persecution is needed. in the first five months of 1996 alone. around the globe and they expect our Religious persecution is a tragic fact Paul Marshall and Nina Shea note that government to take serious action to of life in many countries, from Latin ‘‘China’s underground Christians are curb this behavior. America to Asia to Africa. Religious the target of what they themselves de- Their can be no doubt that we have a persecution in Sudan and China has scribe as the most brutal repression responsibility to advocate and encour- been of particular concern to me. As since the early 1980s when China was age freedom of religion in foreign Chairman of the Africa Subcommittee, just emerging from the terror of the lands. We, as a nation, have always I held a hearing on religious persecu- Cultural Revolution.’’ held it to be the most sacrosanct of tion in Sudan in September of last And yet, in spite of such repression human rights. Indeed, it is not just en- year. by the Chinese Communist govern- shrined in our Bill of Rights, it is a Religious persecution has become en- ment, this Administration declined thread that is woven into the very fab- meshed in a brutal Sudanese civil war even to sponsor a resolution at the ric of our national identity. that has taken more than 1.5 million U.N. Commission on Human Rights The International Religious Freedom civilians since 1983, with over 4 million condemning China’s human rights Act channels U.S. assistance to govern- more being displaced by the fighting. record. Apparently, some type of back ments that are not gross violators of An estimated 430,000 refugees have fled door deal was made with the Chinese human rights, in particular the right Sudan to seek safety in neighboring government in which a few prisoners to religious freedom. It provides for countries. would be released and we would turn Human rights organizations working sanctions or other comparable action our head and close our ears to the against countries that persecute citi- in Sudan have testified before Congress thousands that remain in Chinese pris- that the government uses ‘‘aerial bom- zens on religious grounds. The bill es- ons and labor camps. tablishes a Commission on Inter- bardment and burning of villages, arbi- I am aware of mounting concern in national Religious Persecution to pub- trary arrests, torture, chattel slavery— the U.S. business community on the lish yearly recommendations to the especially child slavery—hostage tak- damage done to U.S. competitiveness ing, summary execution, inciting dead- due to unilateral sanctions. I want U.S. White House and the Congress on how ly tribal conflict, the abduction and companies to compete and succeed in to promote religious freedom abroad. It brainwashing of children, the arrest of the international marketplace. The also establishes an Ambassador-at- Christian pastors and lay church work- Nickles legislation, however, is a care- Large of Religious Freedom within the ers, and the imprisonment of moderate fully crafted bill which offers the State Department and a Special Advi- Muslim religious leaders’’ to suppress President an array of options to pro- sor on International Religious Freedom dissent and form a radical Islamic mote religious liberty abroad and will within the National Security Council. state. Such barbarous atrocities, along target any resulting sanctions on those As a result, it requires the Administra- with Sudan’s support for international countries most deserving of reproach tion to produce a yearly ‘‘Annual Re- terrorism, has led me to introduce leg- for religious persecution. This legisla- port on Religious Freedom Around the islation to cut off financial trans- tion is a necessary first step to address World.’’ actions with the Sudanese government. the problem of religious persecution. Mr. President, these are reasonable The viciousness of religious persecu- Mr. President, I submit that it is provisions that I believe will help focus tion in Sudan should not callous us to time for the Senate of the United our efforts to stand up for religious the very real and brutal oppression States to take a stand on this issue of freedom abroad while at the same time taking place in other countries. As religious persecution, and passage of allowing the executive branch a degree Nina Shea notes in The Lion’s Den, the Nickles legislation offers just such of needed flexibility to deal with dif- China has more Christians in prison be- an opportunity. It is also time for the ferent facts and circumstances in dif- cause of religious activities than any Executive Branch to take a stand on ferent instances of persecution. It is an other nation. The State Department’s this issue. Rather than look at how we important bill, and I am hopeful that first comprehensive review of persecu- might ‘‘fudge’’ legislative requirements the Congress can send it to the Presi- tion against Christians, issued in July to avoid confronting oppression abroad, dent for signature before adjournment. 1997 and entitled ‘‘U.S. Policy in Sup- let us have the courage of our convic- Mr. HATCH. Mr. President, it is fit- port of Religious Freedom,’’ says, ‘‘The tions. Mr. President, I yield the floor. ting that, as we conclude the 105th Government of China has sought to re- Mr. BREAUX. Mr. President, I rise Congress, we can add to our long list of strict all actual religious practice to today to express my enthusiastic sup- accomplishments the passage of the government-subsidized religious orga- port for the International Religious International Religious Freedom Act of nizations and registered places of wor- Freedom Act of 1998, which was passed 1998. ship.’’ by the Senate earlier today. This legis- This bill has been in the works China’s efforts to restrict religious lation condemns religious persecution throughout this Congress and is a fine freedom are driven by oppressive poli- and promotes what is indisputably a example of the legislative results we cies which seek to make all religion fundamental human right—the right to can achieve through long, thoughtful subservient to the state’s secular ob- freedom or religion. study and debate. I would like to com- jectives. In the book China: State Con- I am proud to have co-sponsored this pliment the numerous members and trol of Religion, Human Rights Watch legislation, which I might add was their staffs who have worked on this states that ‘‘the Chinese government passed by the Senate without opposi- bill since its inception. Senator SPEC- believes that religion breeds dis- tion. That is due in no small part to TER introduced the first version of this loyalty, separatism, and subversion.’’ the efforts of Senators NICKLES and bill last year. Senator LUGAR and Sen- The book goes on to note: ‘‘Chinese au- LIEBERMAN. I want to commend them ator LIEBERMAN worked diligently to thorities are keenly aware of the role and their staffs for all the hard work develop that initial draft. And Senator that the church played in Eastern Eu- they’ve done to craft a bill that is NICKLES took the final drafts and rope during the disintegration of the meaningful and effective without being brought the bill to the version we will Soviet empire.’’ excessively rigid or inflexible. vote on today. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12095 Numerous compromises were made, vidual faith and authoritarian regimes, cornerstone for our democracy, estab- but the lasting product of this body because it mostly is in authoritarian lishing freedom in law. And from that rarely passes without such compromis- regimes do you the horrific abuses— day, the protection of religious free- ing, and again I wish to compliment all torture, imprisonment, execution and dom has become part of our legacy, the senators who so assiduously devel- disappearance—that are most disturb- part of our identify as a nation. We oped the bill I expect will pass over- ing to Americans. That is why all of us must exercise this identify or one day whelmingly this morning. gathered today to support this bill realize that we have lost it. For the There is a conceptual problem when- must redouble our efforts to maintain fruits of democracy, hoarded in the ever we seek to apply serious diplo- a strong commitment to the develop- hands of the few, become bitter and matic and economic sanctions to ment and expansion of democracy as a rotten. worldwide problems. On the one hand, pillar of American foreign policy. Mr. President this legislation takes you risk over 70 cases of unintended Mr. President, I take my own Mor- concrete steps to promote the basic consequences. I use that number be- mon faith seriously; and, because of my right to religious freedom. It estab- cause recent estimates are that at faith, I am acutely aware of the histor- lishes three entities to cooperatively least 70 nations violate, abuse or pro- ical suffering of an intolerant society. guarantee that combating religious scribe outright religious freedom. One Perhaps that is what makes me more persecution is a priority in U.S. foreign legislative solution mandating tangible attuned to the sufferings of the faith- policy. Within the State Department, and serious sanctions applied to over 70 ful—of all the great religions—around an Ambassador-at-Large for Religious cases can have a myriad of con- the world. Perhaps it is because I am a Liberty will serve as a high level dip- sequences we don’t intend. conservative, who simply believes in a lomat, raising issues of religious perse- On the other hand, a mere resolution life based on faith, family and country, cution in bilateral meetings and head- of disapproval of such behavior appears with faith underpinning the values of ing up the Office of International Reli- weak, and can give the signal that the family and country. gious Freedom at the State Depart- Congress is strong on denunciation, but But it is probably because I am an ment. A Special Advisor on Religious weak on action. American, a proud citizen of a country Persecution at the National Security Mr. President, one of my favorite where we have so developed a rule of Council will monitor incidents of per- quotes on geopolitics comes from the law that enshrines the individual right secution and act as an advisor and re- British historian Paul Johnson, who to belief that we are the envy of free- source for the executive branch. The wrote in his magisterial history of the dom-seeking people around the world Commission on International Religious blood-soaked 20th century, Modern and the enemies of those regimes too Liberty, a ten member, bipartisan com- Times, that ‘‘it is of the essence of geo- insecure, too primitive, and, in some mission, will investigate religious per- politics to be able to distinguish be- cases, too barbaric to countenance this secution and provide an outside voice tween different degrees of evil.’’ most fundamental freedom. for policy recommendations to both Of course, evil is evil. But, it takes Mr. President, I have traveled a great Congress and the White House. Under sophisticated legislating to address it deal in this world, and I have met this legislation, the U.S. government in a geopolitically sound way, and I be- many leaders. I have met communists collects information on religious perse- lieve that this current bill has suc- who believed, and believers who coun- cution, through the compilation of an ceeded in doing that. Annual Report on Religious Persecu- By the detailed and considered list of tenanced oppression of other faiths. tion, and responds to these violations incremental actions directed of the The varieties of personal faith and its through a broad range of options, rang- President, and by the selective waiver expressions are countless, but the fun- ing from diplomatic protest to eco- authorities, we have, in the Inter- damental political right to personal nomic sanctions. The apparatus under national Religious Freedom Act of 1998, conscience is indivisible, and univer- this legislation is not simply reactive, a piece of legislation that is both sub- sally desired. however. It also provides for active stantive and flexible. It conscien- This bill before demonstrates that promotion of religious freedom through tiously fulfills the Congress’s intent to the United States Congress, and all its international broadcasts, Fulbright ex- act against one of the most hideous members with all their faiths, believe violations of human rights, persecution that the pursuit of this political right changes, and training for Foreign Serv- based on faith. must be a conscious, vocal, activist, ice Officers and refugee and asylum We could not ignore the moral imper- and determined part of our foreign pol- personnel on these issues. While the ap- ative to act, Mr. President. It would be icy. I urge my colleagues to support paratus may seem extensive, it only re- impossible now to list all of the egre- this bill. flects the magntitude of the problem. I gious abuses of this fundamental right Mr. HUTCHINSON. Mr. President, as believe that is the least that we can do that are occurring today, and I fear an original cosponsor, I rise in strong to lay a concrete foundation for reli- that to select a few examples risks sug- support of the International Religious gious freedom. gesting other, unmentioned, abuses are Freedom Act and hope for the per- Religious persecution around the less objectionable. secuted everywhere. I commend my world may go unnoticed in the hectic Nor would it be accurate to suggest colleagues on both sides of the aisle in run of our daily lives, but for millions that abuses of religion occur merely in the Senate and House for their dedi- of people it is a horrifying, incessant totalitarian or authoritarian regimes. cated efforts in crafting this legisla- reality. They live in fear of arrest, im- The renowned human rights organiza- tion. prisonment, torture, and death for sim- tion Freedom House recently reported Mr. President, the desire for religious ply exercising their faith. In Pakistan, that the number of democracies in the freedom is not uniquely American. But fear reigns under the constitution, world has grown over the past ten as Americans we are in a unique posi- which stipulates the death penalty for years from 66 democracies to 117. This tion to advocate it. As a superpower, blaspheny against Mohammed. Ayoob is a remarkable accomplishment and we have the resources. As a nation of Masih, a Christian, was beaten by a bodes well for global political trends. free people, we have the responsibility. mob for reading his Bible, arrested, im- But we should not believe this trend Religious freedom is at the core of our prisoned, fined, and sentenced to death is irreversible, nor should we assume country and enshrined in our Constitu- by hanging for blasphemy. Local police that all of the new democracies are tion. Our nation’s founders fled from have failed to control angry mobs de- well-established in their institutions. religious persecution in search of a stroying the homes and churches of While democratic development is re- land where they could freely exercise Christians in Pakistan. Ahmadis, Hin- quired to further the protection of indi- their ideal of religious freedom They dus, Zakris, and other minority reli- vidual rights, including the right to stood recognizing that the suppression gious groups have also been targets of conscience and faith, certain demo- of their faith was tryanny over their lynching. In Egypt, Coptic Christians cratic regimes around the world still hearts and minds. They knew that are routinely denied permits to build constrain complete freedom of religion. without the freedom to gather, to wor- or repair churches. In Cairo’s Tora dis- There is a relation, however, between ship, to speak about their God, there trict, security forces forcibly closed the degree of abuse of the right to indi- would be no freedom. So they laid a the doors of the Church of St. Bishoi, S12096 CONGRESSIONAL RECORD — SENATE October 9, 1998 waxing its windows and preventing any Christians, Jews, Buddhists, Hindus, must be the voice of those muted by further entry and any freedom to wor- Muslims, Baha’is. It scourages over their oppressors, crying out for a land ship there. An eighteen year old girl in half the world’s population in over sev- of the free. We must, in the words of Laos was thrown into prison by govern- enty countries. Ronald Reagan, ‘‘. . . be staunch in our ment forces for teaching Bible classes Mr. President, this legislation takes conviction that freedom is not the sole to neighborhood children. In Iran, a comprehensive action against this prerogative of a lucky few, but the in- man was shot in the street for not alarming trend of oppression. Through alienable and universal right of all being in the mosque during prayer its reporting provisions, it sheds light human beings.’’ time. Bahai’s have also been subject to on the dark practices of persecution— Mr. FEINGOLD. Mr. President, I a rash of executions. In Sudan, where a radiant ray of hope for those lan- offer my comments on the NICKLES civil war has ravaged the land and guishing in prisons. By requiring the substitute amendment to H.R. 2431, the claimed over a million lives, Christians President to use those means deemed International Religious Freedom Act of and Animists are subject to abduction, necessary to not allow these atrocious 1998. imprisonment, torture, enslavement, acts to persist, this legislation cracks Mr. President, I commend the Sen- forced conversion to Islam, and execu- the heavy yoke of persecution. In its ator from Oklahoma [Mr. NICKLES] for tion. Christian children are abducted, active promotion of religious freedom, all the hard work that he and others forced into reeducation camps, given it sweeps open the gates of suppressed have devoted to this important piece of Arab names, and raised as Muslims. A faith, preparing the way for the lib- legislation. These Senators, and our Muslim sheik who Christianity was ar- erty. House colleagues, have recognized the rested, charged with apostasy, and Mr. President, I am aware that de- importance of promoting religious free- faced with execution unless he re- tractors of this legislation claim that dom abroad, and have tried to craft turned to Islam within two months. it establishes a false hierarchy of legislation that both emphasizes our Only government-certified clergymen human rights abuses. But I suspect serious concerns about this issue, and are allowed to talk about religion in that for those same critics, treating all provides authority to the President to Uzbekistan. Private religious instruc- human rights abuses on an equal basis react to governments which abuse tion is also formally banned under means voting against all human rights these fundamental rights. pains of stiff fines and labor camp sen- provisions on an equal basis. Others In particular, I appreciate their ef- tences. claim that it binds the hands of the forts to make improvements to the This type of insidious government President, propelling him on a course original bill, most of which I support. control is also present in China, where of self-defeating foreign policy, forcing Mr. President, the issue of religious Article 36 of the Chinese Constitution him to ultimately ‘‘fudge’’ sanctions. freedom is especially important for our guarantees religious freedom, but reli- This well-crafted legislation has taken country. Freedom of religion is one of gious repression is carefully meted out this concern into consideration, incor- the bedrock principles of American de- through an apparatus of government porating the views of its sponsors, the mocracy. Our founders, who came to registration, intense scrutiny, unre- Administration, and the business com- America in part to flee religious intol- lenting intimidation, and brutal pun- munity. It focuses on specific and par- erance, championed freedom of religion ishment. Only five religions are per- ticularly egregious instances of reli- as a universal right, and made it an in- mitted and control is exercised over gious persecution. While it requires the tegral part of the Constitution through these official churches in matters such President to act, it also presents the the Bill of Rights. as personnel selection, sermon themes, President with a wide berth of options Throughout our history, immigrants congregation size, and dissemination of and requires a review of the potential from every corner of the globe have ar- religious materials. Unofficial, or ille- impact on American security and eco- rived on our shores seeking a commu- gal, religious gatherings are forcibly nomic interests and its intended effi- nity where they could practice their re- broken up, its participants arrested, cacy. ligion openly and without fear of perse- victims of extortion, torture, and even Still others claim that we should not cution. Today, we value the separation fatal beatings. Zheng Muzheng, who be moralizing or imposing our values of church and state as one of our guid- was active in sharing his faith, was on other countries. Those suffering in ing principles. beaten to death in a jail in Hunan prison for practicing their faith would But we are all well aware that such Province. His grieving widow has been certainly disagree. Freedom of religion liberties are not fully enjoyed every- repeatedly interrogated and held with- is a universal right and aspiration, rec- where, and there are millions of people out arrest. Members of unofficial ognized and articulated in a number of who daily face persecution or intoler- churches fortunate enough not to be international instruments including ance because of their religious beliefs. imprisoned live under the glare of gov- the Universal Declaration of Human Worse yet, the exploitation of religious ernment surveillance. They are arbi- Rights, which states that ‘‘Everyone and ethnic differences for political ends trarily and repeatedly detained with- has the right to freedom of thought, has become all too common in the out formal charges, threatened with conscience, and religion . . . to mani- post-Cold War era. loss of property and employment, sub- fest his religion or belief in teaching, These trends have been around for ject to heavy fines—all for believing in practice, worship, and observance.’’ centuries, but have been getting more and worshiping an authority higher The International Covenant on Civil serious press attention in the last sev- than the Communist Party. Under and Political Rights recognizes that eral years. They mirror the myriad their reign of terror, Tibetan Buddhist ‘‘Everyone shall have the right to free- other abuses that are conducted, or at monasteries and temples cannot be dom of thought, conscience, and reli- least tolerated, by non-democratic re- constructed and are often destroyed. gion. This right shall include freedom gimes around the world. Examples of Monks and nuns are restricted in num- to have or to adopt a religion or belief restrictions on basic freedoms—of ex- bers and tortured. Palden Gyatso, a Ti- of his choice, and freedom, either indi- pression, of association, of the press— betan Buddhist monk, testified before vidually or in community with others abound, and those who dare violate the House International Relations in public or private, to manifest his re- such restrictions face imprisonment, Committee about the routine use by ligion or belief in worship, observance, repression or even death. As we con- the Chinese government of electric practice, and teaching.’’ By advocating sider this legislation today, it is likely shock guns, serrated and hooked this freedom, we are not imposing our that somewhere, a political prisoner is knives, handcuffs and thumbcuffs on values on others but reaffirming a uni- being beaten by the police or armed those who would dare to exercise their versal right. forces, or by some paramilitary group constitutionally guaranteed freedom of We must not cower under the covers whose members might include police religion. of complacency. We must not be officers or soldiers. It is likely that The grim and disturbing reality is complicit actors, carried away in a cur- somewhere a union organizer is being that religious persecution is not lim- rent of oppression. We must not, for detained or harassed by authorities, ited to a particular region or a particu- fear of taking a false step on the path that a woman is being raped by govern- lar faith. It beats on the backs of of justice, refuse to walk at all. We ment thugs, that a newspaper is being October 9, 1998 CONGRESSIONAL RECORD — SENATE S12097 shut down, or that a prisoner has ‘‘dis- subject, I am not convinced a new com- My fourth concern relates to the pro- appeared.’’ mission is needed. We already have in visions in Section 108—not what is in The question for us today is this: operation the Advisory Committee on those provisions, but rather, what has what is the appropriate U.S. policy re- Religious Freedom. This body, which is been left out. Section 108 requires the sponse to such acts of oppression by broadly representative of various reli- Secretary of State to prepare and other nations on the basis of religious gious communities, has been in oper- maintain issue briefs on religious free- beliefs? We should also ask: what is the ation since early 1997 and has already dom on a country-by-country basis. appropriate response to oppression of produced several useful reports about These will be similar to the annual any kind? the state of religious freedom around country reports on human rights, I firmly believe that the defense of the world. Its work has helped focus which have proven to be an excellent human rights around the world relates administration attention on the issue source of information on conditions in directly to our ‘‘national interests’’ of religious persecution and the condi- individual countries. However, the and therefore justifies leadership from tions of religious minorities. briefs are also required to include lists the United States, a nation founded on Second, Section 205 of the bill au- of ‘‘persons believed to be imprisoned, respect for individual rights and lib- thorizes $6 million over two years to detained, or placed under house arrest erties. carry out the work of this new Com- for their religious faith.’’ In cases We are bound by our country’s found- mission. The protection of religious where the production and publicizing of ing principles to promote and defend freedom is vital work that must be prisoner lists is useful, perhaps we certain ideas: that we are all created done, but I believe this is an enormous should devote similar attention to indi- equal, that we are born with certain in- amount of money to be devoting to a viduals detained in the pursuit of other alienable rights, that government is le- commission of any sort, and I have internationally recognized human gitimate only with the consent of the seen no explanation of why $6 million rights. The Secretary should consider people, and that government should is required. The Advisory Committee exercising her authority to broaden the exist to promote the general welfare was able to conduct its work with ex- list to include all prisoners of con- and to secure the blessings of liberty isting resources from the Department science, as appropriate. In addition, for all. Our other national interests— of State. I understand that the Com- there may be cases where the produc- security and economic opportunity— mittee’s work greatly strained the re- tion or publication of such a list might have the best chance for advancement sources of the Department’s Bureau for actually be harmful to the individuals in question, or indeed to our intel- in a climate of freedom and respect for Democracy, Human Rights and Labor, ligence resources. I believe on this individual rights, and are undermined but I also understand that, even if staff point the administration is given con- where that climate does not thrive. salaries are included, the Committee siderable discretion. I have never shied away from the use could have been run with a budget of Fifth, in an earlier draft of this legis- of every economic, diplomatic, or rhe- less than $500,000. Also, the new Com- lation, included in the description of torical tool to advance our human mission proposed by the legislation what might constitute a violation of rights agenda. It is through the vigor- would be comprised of nine commis- religious freedom was ‘‘arbitrary prohi- ous use of these tools that the United sioners, rather than the 20 on the exist- bitions or restrictions on the grounds States can exercise the type of leader- ing Advisory Committee, so it might be of religion on holding public office, or ship such fundamental violations of expected to require less resources. pursuing educational or professional justice demand. To a certain extent, In addition, I am concerned that be- opportunities.’’ For unknown reasons, this is the approach implicit in the bill cause of the narrow language of Sec- this language unfortunately was de- we are considering today, which pro- tion 205, the authorized funds might be leted from all subsequent drafts of this vides a menu of presidential actions to used only for the specific activities of bill, including the current version. respond to violations of religious free- the Commission, and not for the many However, the bill’s definitional lan- dom. additional requirements of the bill guage is merely suggestive, indicating But, with deference to my colleague which would then have to borne by the areas the administration can take into from Oklahoma and the work he has already stretched resources of the Bu- consideration when making a deter- done on this bill and although I sup- reau of Democracy, Human Rights and mination about a given country. I will port the bill, I have some outstanding Labor. assume that the administration will concerns regarding this legislation. I Mr. President, I hope there will be also consider restrictive prohibitions believe that if we had been able to fully further clarification of the intended on education and employment, among consider this bill in the Committee on uses of these funds, and—if the Con- other factors, when making such deter- Foreign Relations, we would have been gress does appropriate such high levels minations. Any kind of religious dis- able to work out some of these issues. of funding—I hope it will be used to crimination is unacceptable. I strongly support the basic premise further the goals of the whole bill, and Finally, Section 103 provides for the of the bill, that the United States not simply Title II. establishment of a religious freedom should defend religious liberty, but I Third, another provision that raises Internet web site which would contain am concerned that it might appear to some concerns is Section 107, which major international documents relat- subordinate other fundamental rights provides equal access to the premises ing to religious freedom, among other to the right to religious freedom. As we of diplomatic missions to any U.S. citi- items. This is a fantastic way to dis- defend the freedom of religion, should zen seeking to conduct religious activi- seminate information about this issue we not just as vigorously defend the ties. It is in the best American tradi- to individuals around the world who rule of law, basic human rights and the tion to provide a haven for Americans can use it to help promote their causes exercise of political rights? We would of faith who find themselves in a coun- in their own countries. Already we be pleased if, tomorrow, Sudan’s ruling try that is not hospitable to their reli- have seen the importance of the Inter- National Islamic Front suddenly lifted gion, but I wonder if some might argue net in promoting civil society. The its Shar’ia law and allowed Christians that this provision would expand what Internet is the modern version of the to worship freely. But would we then the Supreme Court has determined underground literature of the Cold tolerate the forced conscription of chil- constitutes a ‘‘public forum’’ with re- War, only it does not require printing dren, the lack of press freedom and the spect to equal access for religion. In presses which can be taken away, and manipulation of humanitarian assist- practice, it is possible that it might it is more readily available to its audi- ance that also takes place in the then be deemed by some court to be an ence. I hope, however, that the Sec- Sudan? unconstitutional endorsement of a par- retary of State will take the oppor- I also have some concerns about a ticular religion. That is not what we tunity to also include in the web site few specific provisions. intend, so I hope the provision allows other important documents related First, this bill creates a new commis- for discretion on the part of the chiefs more generally to human rights. In sion, the ‘‘Commission on Inter- of mission to appropriately respond to that way, we can be sure to pursue the national Religious Freedom.’’ Al- requests from the American commu- protection of all human rights through though I am open to arguments on this nity. the most modern technology possible. S12098 CONGRESSIONAL RECORD — SENATE October 9, 1998 Also, Mr. President, just to make the citizens to sign a religious commu- protect the basic human rights of their record clear, I do not support the provi- nity’s application for registration, citizens. The reasons for this are often sions of Section 406 which allow an ex- criminalizes any unregistered religious complex and varied—but they are never ception to the sanctions in this bill for activity, and penalizes religious free justified. defense contractors. speech. In 1997, similarly restrictive What justification can there be, for Again, I commend the sponsors of laws were passed in Russia and Mac- example, for the jailing by the Chinese this legislation and everyone who has edonia and a number of OSCE partici- government of thousands of dis- worked so hard to produce a consensus pating states are reportedly consider- sidents—not to mention a few Catholic package. ing legislation imposing significant re- leaders who choose to remain loyal to Mr. D’AMATO. Mr. President, as a strictions on religious liberty, particu- the Vatican, rather than bow to the co-sponsor of the International Reli- larly for minority religious groups. dictates of the so-called ‘‘official’’ gious Freedom Act, I rise today to In Western Europe, the trends toward church in Beijing? commend my colleagues for their ef- increased religious intolerance has What justification can there be for a forts to bring this bill to the Senate. been more insidious. In the last few law in Russia which appears to dis- This legislation takes concrete steps to years, governments in Western Europe, criminate between ‘‘established’’ reli- insure continued U.S. leadership and particularly France, Germany, Bel- gious organizations and those whose diplomatic focus on issues of religious gium, and Austria, have targeted nu- roots in Russia are not long-standing? liberty around the world. Few things merous groups that they label ‘‘dan- are more precious to the American peo- gerous’’ and have published official As a nation founded on the premise ple than freedom of religion, and I government propaganda against them, that ‘‘all men are created strongly support our efforts to bring placed them under surveillance by se- equal. . .endowed by their Creator with this freedom to those who are per- curity agencies, and revoked tax ex- certain unalienable rights’’, Americans secuted for their faiths around the empt status based on the determina- have long been committed to promot- world. tion that groups are not a positive in- ing and protecting human rights. Ex- The vast majority of those who suffer fluence on society. Furthermore, these isting law, in place since the 1970s, pro- abridgement of their right to religious Western European actions embolden hibits U.S. assistance to nations which liberty do not suffer torture, rape, or the more intolerant sectors of Eastern engage in a ‘‘consistent pattern of murder. Instead, they face harassment, European society to further restrict re- gross violations’’ of human rights—in- discrimination, and onerous bureau- ligious liberty for minority or ill-fa- cluding the right to religious freedom. cratic obstacles to registering their re- vored groups. Since the 1970s, we have also had an ligious organizations. The Act covers By requiring the President to take Assistant Secretary of State specifi- all violations of religious liberty, not action against all countries engaged in cally devoted to the task of advancing just the most egregious acts of persecu- violations of religious liberty, the Act human rights. tion and I commend the drafters of this insures that less egregious cases of re- In recent years, the Clinton Adminis- legislation for its broad coverage. ligious liberty violations will not be ig- tration has taken important steps to As Chairman of the Commission on nored. By enumerating the specific pol- promote religious freedom. In 1996, Security and Cooperation in Europe, I icy responses required ranging from a Secretary of State Christopher estab- am very concerned over rising religious private demarche to sanctions, the Act lished an Advisory Committee on Reli- intolerance and even oppression in the reflects the need for flexibility in di- gious Persecution Abroad, a 20-member OSCE region. As Eastern European plomacy. Finally, by instituting a sep- panel which is broadly representative countries begin to loosen their grip on arate commission, the Act facilitates of many religious faiths, and has pro- their economies, they must also learn accurate and independent reporting on vided practical guidance to the Sec- to relinquish government control over religious liberty violations around the retary and the State Department about legitimate private action by their citi- world. this important subject. zenry that is protected by inter- Mr. President, I am proud to be a co- More recently, Secretary of State national commitments. I have written sponsor of this important legislation Albright has appointed a Senior Ad- repeatedly strong letters to heads of and I urge my colleagues to support viser to take the lead on religious free- state or government in support of reli- the International Religious Freedom dom in the State Department. gious liberty and to hold them to their Act. This legislation is designed to further international human rights commit- Mr. BIDEN addressed the Chair. elevate religious freedom on our for- ments. The PRESIDING OFFICER. The Sen- eign policy agenda. It does so by creat- The Commission has had two hear- ator from Delaware. ing a new Office on International Reli- ings and several public briefings on Mr. BIDEN. Mr. President, I ask gious Freedom at the Department of this issue in the OSCE region. We have unanimous consent that I be able to State, to be headed by an Ambassador- heard testimony that, contrary to our proceed for 2 minutes on this legisla- at-Large. expectations when the Communist gov- tion. Under this legislation, the State De- ernments of the former Warsaw Pact The PRESIDING OFFICER. Is there partment will produce a new annual re- states fell, a variety of official meas- objection? Without objection, it is so port on religious freedom, which will ures have been taken restricting, or in ordered. The Senator from Delaware is assess the state of religious freedom some cases denying, freedom of recognized. thought, conscience, religion or belief. Mr. BIDEN. Mr. President, I support around the world. This report, which One of the core values of the United the International Religious Freedom will expand on the information avail- States is freedom of religion. The var- Act presented by the Assistant Major- able in the annual human rights report ious documents of the Helsinki Process ity Leader, the Senator from Okla- already produced by the State Depart- and the Universal Declaration on homa and the Senator from Connecti- ment, should prove an invaluable re- Human Rights have adopted this fun- cut. source to Americans concerned about damental freedom and established it as We have discussed this legislation at religious freedom. an international norm all nations are some length over the last couple of Additionally, a new Commission will expected to meet. I strongly believe weeks, and my colleagues have been be established, for a period of four that adoption of this legislation will very gracious in trying to accommo- years, which will serve in an advisory help the United States advocate reli- date some of my concerns with the bill. capacity, producing a report of its own gious liberty around the world, and ad- Although it is not a perfect bill, it is on an annual basis which will include dress some of the specific problems our a compromise that I support. recommendations for U.S. policy. hearings and briefings have docu- The persecution of individuals for The bill also contains new provisions mented. their faith, like persecution for politi- of law requiring that the President im- This year in Uzbekistan, for instance, cal beliefs or ethnicity, is abhorrent to pose sanctions against the most severe a new law was passed which, among all Americans. Unfortunately, too violators of the right to religious free- other restrictions, requires 100 Uzbek many nations around the world fail to dom. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12099 I must confess to some skepticism We must be certain that in imple- legislation than most any I have seen. that new sanctions legislation is nec- menting this law, it is not to the det- Others who helped were Laura Bryant essary, for two reasons. First, as I stat- riment of other fundamental human and Willie Imboden. ed, current law already prohibits U.S. rights that are recognized internation- Also, I thank Senator HELMS for his assistance to countries which engage in ally. support and leadership, as well as Con- serious human rights violations. As the columnist Stephen Rosenfeld gressman WOLF for leading the effort in Second, in recent months I have re- has written, religious freedom deserves the House of Representatives. They considered my own view on sanctions a seat at the human rights table, but it have assured us that they will pass this policy—and have come to the conclu- should not overturn the table. legislation as soon as they receive it. sion that, even though Congress is well Mr. President, I see my friend from So I thank my colleagues and I yield within its constitutional power to Pennsylvania on the floor, Senator the floor. And I yield the remainder of apply sanctions, it is not always wise, SPECTER. I compliment him—he is the my time. as a matter of sound foreign policy, for one who got me into this, quite frank- The PRESIDING OFFICER. The Congress to do so. ly—and my colleagues from Oklahoma question is on final passage. But I am willing to go along with and from Connecticut. I can claim no Mr. NICKLES. Mr. President, I ask this sanctions law because it includes credit for starting this initiative. I can for the yeas and nays. many aspects that I believe must be only claim that I have attempted to The PRESIDING OFFICER. Is there a present in any sanctions law that Con- play a role here to make sure that the sufficient second? gress enacts. Indeed, the sanctions pro- desire we all have to extend religious There appears to be a sufficient sec- vision in this bill offers considerable freedom around the world becomes a ond. flexibility to the President. reality. I have tried to make sure that The yeas and nays were ordered. First, the bill provides the President our sanctions meet a realistic test of The PRESIDING OFFICER. The bill with a ‘‘menu’’ of options—seven dif- promoting an actual change in the be- having been read the third time, the ferent types of sanctions from which havior of other nations. It was toward question is, Shall the bill, as amended, the President must choose just one that end that I worked on a small part pass? The yeas and nays have been or- sanction. If the President doesn’t like of this bill. I attempted to rationalize dered. The clerk will call the roll. the choices on the menu, he is free to the sanctions legislation on this issue The assistant legislative clerk called take ‘‘commensurate action’’—that is, with what we are attempting to do on the roll. action commensurate to the items on all the other sanctions legislation we Mr. FORD. I announce that the Sen- the menu of options. have around here. ator from Ohio (Mr. GLENN) and the Second, the bill provides a broad The thing we have all learned is, uni- Senator from South Carolina (Mr. HOL- waiver authority. lateral sanctions on any subject seldom LINGS) are necessarily absent. The President may waive the applica- ever work. Sometimes, and promoting The PRESIDING OFFICER (Mr. tion of the sanction if the foreign gov- religious freedom is one of those times, GRAMS). Are there any other Senators ernment has ceased the violations; if we may have to act even if it is not ef- in the Chamber desiring to vote? using the waiver would ‘‘further the ficacious, just to state our principled The result was announced—yeas 98, purposes’’ of the Act; or if important commitment to religious freedom. I nays 0, as follows: national interests of the United States recommend my colleagues take a look justified the exercise of the waiver. at this legislation though because I [Rollcall Vote No. 310 Leg.] Third, the bill provides that any think we have produced a sound sanc- YEAS—98 sanctions sunset two years after they tions bill. Abraham Faircloth Lugar are imposed unless they are specifi- For that, I have to thank the au- Akaka Feingold Mack Allard Feinstein McCain cally reauthorized. thors, Senator SPECTER and Senator Ashcroft Ford McConnell The President may also terminate NICKLES and Senator LIEBERMAN, for Baucus Frist Mikulski the sanctions if the foreign government accommodating some of the changes I Bennett Gorton Moseley-Braun has ‘‘ceased or taken substantial and suggested in the functional way in Biden Graham Moynihan Bingaman Gramm Murkowski verifiable steps to cease’’ the viola- which these sanctions would be em- Bond Grams Murray tions that gave rise to the sanctions. ployed. Boxer Grassley Nickles Fourth, there is an exemption from I thank them for their consideration. Breaux Gregg Reed the sanctions for the provision of food, Brownback Hagel Reid They were very gracious to me and Bryan Harkin Robb medicine, medical equipment or sup- very patient with me. And I am very Bumpers Hatch Roberts plies, as well as other humanitarian as- satisfied with the way the bill has Burns Helms Rockefeller sistance. turned out—not only the principle but Byrd Hutchinson Roth Campbell Hutchison Santorum In sum, although I am not eager to the efficacy of the legislation. Chafee Inhofe Sarbanes enact a new sanctions law, I believe we I thank my colleague for the extra Cleland Inouye Sessions are setting an important precedent time, and I yield the floor. Coats Jeffords Shelby with this bill in terms of what should Mr. NICKLES addressed the Chair. Cochran Johnson Smith (NH) Collins Kempthorne Smith (OR) be contained in any sanctions law. The PRESIDING OFFICER. The Sen- Conrad Kennedy Snowe We must make every effort to ensure ator from Oklahoma. Coverdell Kerrey Specter that the steps we take under this law Mr. NICKLES. Mr. President, I thank Craig Kerry Stevens my colleague from Delaware for his D’Amato Kohl Thomas will help those who are suffering from Daschle Kyl Thompson persecution—and not increase the dan- statement but also for his leadership. I DeWine Landrieu Thurmond gers they face. During the hearings in have already complimented Senator Dodd Lautenberg Torricelli the Foreign Relations Committee on LIEBERMAN for his leadership and his Domenici Leahy Warner Dorgan Levin Wellstone this legislation, several witnesses rep- partnership in making this happen. But Durbin Lieberman Wyden resenting religious communities that also I mentioned last night Senator Enzi Lott operate overseas expressed this con- SPECTER worked tirelessly on this; Sen- NOT VOTING—2 cern. ator COATS did as well. Senator FEIN- Glenn Hollings I know the sponsors of this bill share STEIN came in and negotiated with us this concern—and so I hope that both and I think made some important The bill (H.R. 2431), as amended, was Congress and the Executive Branch changes. passed. will be attentive to it in the coming I also just quickly would like to Mr. HATCH. Mr. President, I move to years. thank a couple of staff people. Cecile reconsider the vote. This bill takes several steps which I Shea of Senator LIEBERMAN’s staff Mr. GRAMM. I move to lay that mo- hope will lead to the advancement of worked tirelessly on this legislation; tion on the table. religious freedom—one of the fun- John Hanford of Senator LUGAR’s staff The motion to lay on the table was damental human rights—around the and Steve Moffitt of my staff have put agreed to. world. in maybe more hours on this piece of The title was amended so as to read: S12100 CONGRESSIONAL RECORD — SENATE October 9, 1998 An act to express United States foreign Santorum Smith (OR) Thompson represents the largest land exchange in policy with respect to, and to strengthen Sessions Snowe Thurmond the history of Utah. United States advocacy on behalf of, individ- Shelby Stevens Warner Smith (NH) Thomas I commend the President for being uals persecuted in foreign countries on ac- willing to do this, the Secretary of the count of religion; to authorize United States NAYS—47 actions in response to violations of religious Interior for being willing to do this, Akaka Durbin Levin and others on the floor, including my freedom in foreign countries; to establish an Baucus Faircloth Lieberman Ambassador at Large for International Reli- Biden Feingold Mikulski colleague, Senator BENNETT, the chair- gious Freedom within the Department of Bingaman Feinstein Moseley-Braun man of the Energy Committee, Senator State, a Commission on International Reli- Bond Ford Moynihan MURKOWSKI, and the distinguished Sen- gious Freedom, and a Special Adviser on Boxer Graham Murray Breaux Harkin Reed ator from Arkansas, Senator BUMPERS. International Religious Freedom within the Bryan Inouye Reid Without their leadership and support, National Security Council; and for other pur- Bumpers Johnson Robb this legislation would not have been poses. Byrd Kennedy Rockefeller possible. I want to express that appre- Several Senators addressed the Cleland Kerrey Sarbanes Conrad Kerry Specter ciation. This is a momentous day for Chair. D’Amato Kohl Torricelli the State of Utah that will leave a last- The PRESIDING OFFICER. The Sen- Daschle Landrieu Wellstone ing legacy for our school children. ator from Utah. Dodd Lautenberg Wyden Dorgan Leahy This bill passed the House of Rep- Mr. DASCHLE addressed the Chair. resentatives in July and was approved The PRESIDING OFFICER. The NOT VOTING—3 by the Senate Committee on Energy Democratic leader. Glenn Hollings McConnell and Natural Resources last month. I f The motion to lay on the table the am pleased the full Senate will con- motion to proceed was agreed to. sider it today and send it to the Presi- PATIENT PROTECTION ACT OF Mr. REID. Mr. President, may we dent. 1998—MOTION TO PROCEED have order? I and all the citizens of Utah have Mr. DASCHLE. Mr. President, I move The PRESIDING OFFICER. The Sen- looked forward anxiously to this day, that the Senate proceed to the consid- ate will be in order. which has been a long time coming. eration of Calendar No. 505, H.R. 4250, Mr. LOTT. Mr. President, I suggest When Utah became a state in 1896, the House-passed health care reform the absence of a quorum. Congress designated a portion of each bill. The PRESIDING OFFICER. The township in the state to be set aside as Mr. HATCH. Mr. President, I suggest clerk will call the roll. School Trust Land which would be used the absence of a quorum. The bill clerk proceeded to call the to generate revenue for Utah’s schools. The PRESIDING OFFICER. The roll. The patchwork layout of these school clerk will call the roll. Mr. LOTT. Mr. President, I ask unan- trust lands across the state has histori- The legislative clerk proceeded to imous consent that the order for the cally created management difficulties call the roll. quorum call be rescinded. between federal and state governments. Mr. LOTT. Mr. President, I ask unan- The PRESIDING OFFICER. Without As new national parks, forests, and imous consent that the order for the objection, it is so ordered. monuments are designated, the school quorum call be rescinded. f lands are often enveloped within them. This has the effect of closing off devel- The PRESIDING OFFICER. Without UTAH SCHOOLS AND LAND opment of these lands and, therefore, objection, it is so ordered. EXCHANGE ACT OF 1998 Mr. LOTT. Mr. President, I move to any revenue they might produce for table the pending motion to proceed Mr. LOTT. Mr. President, I ask unan- the school land trust fund. and ask for the yeas and nays. imous consent that the Senate proceed As of 1995, over 200,000 acres of school The PRESIDING OFFICER. Is there a to the immediate consideration of Cal- trust land, called inholdings, were iso- sufficient second? endar No. 574, H.R. 3830. lated this way. As I mentioned, Presi- There is a sufficient second. The PRESIDING OFFICER. The dent Clinton doubled this amount with The yeas and nays were ordered. clerk will report. his designation of the Grand Staircase- The PRESIDING OFFICER. The The legislative clerk read as follows: Escalante Monument in 1996. question is on agreeing to the motion A bill (H.R. 3830) to provide for the ex- At the time of the creation of the to table. change of certain lands within the State of Grand Staircase-Escalante Monument, The clerk will call the roll. Utah. President Clinton gave numerous as- The assistant legislative clerk called The PRESIDING OFFICER. Is there surances that Utah’s school children the roll. objection to the immediate consider- would not be hurt by this designation. Mr. NICKLES. I announce that the ation of the bill? H.R. 3830 represents the partial fulfill- Senator from Kentucky (Mr. MCCON- There being no objection, the Senate ment of these promises. NELL) is necessarily absent. proceeded to consider the bill. The Utah Schools and Lands Ex- Mr. FORD. I announce that the Sen- Mr. LOTT. Mr. President, I yield to change Act is the culmination of long ator from Ohio (Mr. GLENN) and the Senator HATCH for 2 minutes, and then and careful deliberations between Gov- Senator from South Carolina (Mr. HOL- to Senator BENNETT for 2 minutes. ernor Leavitt and Secretary of the In- LINGS) are necessarily absent. The PRESIDING OFFICER. The Sen- terior Bruce Babbitt. As a result of this The PRESIDING OFFICER. Are there ator from Utah. thorough and delicate planning, the act any other Senators in the Chamber de- Mr. HATCH. Mr. President, I rise to enjoys broad support from environ- siring to vote? express my support for this legislation mentalists, private landowners, edu- The result was announced—yeas 50, to exchange school trust lands located cators, legislators, and the Administra- nays 47, as follows: in Utah to the federal government. tion. This timely piece of legislation has the [Rollcall Vote No. 311 Leg.] The bill exchanges approximately full support of the Utah delegation, the 350,000 acres of school trust lands lo- YEAS—50 Governor of Utah, and the Clinton ad- cated in Utah monuments, recreation Abraham DeWine Hutchison ministration, as well as the PTA and areas, national parks, and forests to Allard Domenici Inhofe Ashcroft Enzi Jeffords local educators from across our state. the Federal Government. To provide Bennett Frist Kempthorne It is, in some small measure, the result equitable compensation for these Brownback Gorton Kyl of the unfortunate situation created lands, Utah will receive cash, lands, Burns Gramm Lott Campbell Grams Lugar several years ago when President Clin- mineral rights, coal deposits, and other Chafee Grassley Mack ton created the Grand Staircase Federal properties. I assure my col- Coats Gregg McCain Escalante Monument that withdrew leagues that this is a fair and equitable Cochran Hagel Murkowski hundreds of thousands of additional exchange of assets. Collins Hatch Nickles Coverdell Helms Roberts Utah school trust lands from benefit- The land received by the Federal Craig Hutchinson Roth ting Utah s school children. This bill Government, totaling 376,739 acres of October 9, 1998 CONGRESSIONAL RECORD — SENATE S12101 land and 65,853 acres of mineral rights, I yield to my colleague. take that hold off to accommodate the includes school trust areas that are The PRESIDING OFFICER. The jun- Senator and Senator HATCH. I know he similar in nature to the surrounding ior Senator from Utah. has been actively involved in this also. blocks of federal lands. By transferring Mr. BENNETT. Mr. President, thank I just wanted to say that, Mr. Presi- these areas to the federal government, you. dent. I thank the leader very much for the land will fall under federal protec- This is a delightful day. As I think yielding the time. tion and management. about the issue of swapping land, Mr. LOTT. Has the clerk reported the Consolidation of these lands will be school trust lands in Utah for other title? beneficial because land ownership will Federal lands, I realize that this is an The PRESIDING OFFICER. The be harmonized, precious natural re- issue that my father worked on in this clerk has reported. sources will be preserved and pro- Chamber over 40 years ago. Governor Mr. LOTT. Mr. President, I ask unan- tected, and the American public will Matheson, to keep it bipartisan, the imous consent that the bill be read a gain access to previously isolated Democratic Governor of Utah, tried an third time and passed and that the mo- areas. initiative on this same issue while he tion to reconsider be laid upon the A number of priceless natural land- was the Governor some 20 years ago. To table without intervening action. marks will come under the protection see it finally come to fruition now The PRESIDING OFFICER. Without of the federal government as a result of brings me a great sense of satisfaction. objection, it is so ordered. this bill. These include: Eye of the I thank my senior colleague for his The bill (H.R. 3830) was considered Whale Arch, located in Arches National support and leadership on this issue, I read the third time and passed. Park; ancient Native American ruins thank the members of the Energy Com- f and the Jacob Hamblin Arch of Glen mittee for their work, and I particu- Canyon National Recreation Area; sev- larly thank my friend from Arkansas, THE CALENDAR eral hundred-foot red rock cliffs lo- the senior Senator, Mr. BUMPERS, for Mr. LOTT. Mr. President, I ask unan- cated within the Grand Staircase his support as we have gone through imous consent that the Senate now Escalante Monument; and the high this. He and I became acquainted when proceed to the consideration of the fol- mountain alpine area in the Wasatch- I first came to the Senate and went on lowing bills, en bloc: Calendar No. 368, Cache National Forest known as that committee. We worked on a num- H.R. 1021; Calendar No. 447, S. 1752; Cal- Franklin Basin. Other natural wonders ber of issues together, and I am de- endar No. 526, S. 2087; Calendar No. 639, safeguarded through the exchange in- lighted that this is one that comes to- S. 2500; Calendar No. 701, S. 2402; Cal- clude: ancient Native American rock gether in a bipartisan fashion. endar No. 702, S. 2413; and Calendar No. art panels in Dinosaur National Monu- So this is a time of rejoicing, nostal- 703, S. 2458. ment and unique geologic formations gia, and great pleasure on my part. I ask unanimous consent that any of the Waterpocket Fold within Capitol Mr. BUMPERS addressed the Chair. committee amendments be agreed to; Reef National Park. Mr. LOTT. Mr. President, I believe I that the bills, as amended, be read a Mr. President, H.R. 3830 addresses still have the time. If the Senator from third time and passed; that the motion many land management problems Arkansas would like a couple of min- to reconsider be laid upon the table; which have plagued Utah for decades. utes, I would be glad to yield to him for that any title amendments be agreed Specifically, this measure helps solve a a comment. to; and that any statements relating to problem suffered by all states, such as Mr. BUMPERS. Mr. President, there the bills appear at the appropriate Utah, having large tracts of federally are few Senators in the U.S. Senate for place in the RECORD, with the above oc- owned or controlled land —that is, the whom I have ever held a higher esteem curring en bloc. I should note that this starvation and lack of funding for our than my good friend BOB BENNETT. has been cleared with the Democratic school systems which traditionally de- Therefore, several months ago, when I side. pend on property taxes for funding. put a hold on this Utah land exchange, The PRESIDING OFFICER. Without The trust land system, developed by which was divinely desired by the Gov- objection, it is so ordered. Congress in the 19th century during the ernor and the Interior Department, f period of westward expansion, was an which is a rare instance—would that attempt to offset the losses from the all land exchanges had this kind of sup- MILES LAND EXCHANGE ACT OF Federal Government’s desire to protect port—I went to Senator BENNETT and I 1998 certain lands. We are pleased that, told him privately—and he will agree The bill (H.R. 1021) to provide for a after 2 years, the Clinton administra- to this—I told him privately, ‘‘BOB, if land exchange involving certain Na- tion has delivered on this commitment. push comes to shove’’—I am not going tional Forest System lands within the I especially want to commend Utah to go into the details of why I put a Routt National Forest in the State of Governor Mike Leavitt for undertaking hold on it. We all do these things Colorado, was considered, ordered to a the task of painstaking identification around here occasionally. I never liked third reading, read the third time, and of lands for exchange and for conduct- it, but sometimes we have to do things passed. ing these negotiations with the Inte- to protect ourselves. f rior Department. His determination I told Senator BENNETT privately, CONVEYING CERTAIN ADMINIS- and dedication to initiating this proc- ‘‘At the right time, I will take my hold TRATIVE SITES FOR THE NA- ess cannot be understated. off this bill.’’ I said, ‘‘I want you to TIONAL FORESTS IN THE STATE I also want to recognize the efforts of know I would never allow something OF ARIZONA Utah’s educators, parents, and school this popular and well received to go board members, who kept this issue on down and’’—— The Senate proceeded to consider the the front burner. Their dedication to The PRESIDING OFFICER. Will the bill (S. 1752) to authorize the Secretary resolving this serious funding helped Senator suspend? of Agriculture to convey certain ad- drive these negotiations and ensure The Chamber will come to order. The ministrative sites and use the proceeds that nothing got bogged down. In Senate will come to order. for the acquisition of office sites and short, land is land; but we needed to The Senator from Arkansas. the acquisition, construction, or im- keep our eye on the ball, and that is Mr. BUMPERS. I must say, his deter- provement of offices and support build- our children. mination—his fierce determination—to ings for the Coconini National Forest, Again, I want to thank my friend and get this bill passed was reflected in the Kaibab National Forest, Prescott Na- colleague, Senator BENNETT, for his ef- fact that he asked me every day for 6 tional Forest, and Tonto National For- forts on this bill. I know he shares my months when I was going to take my est in the State of Arizona, which had feeling of joy that this bill is finally hold off. This morning, I was very been reported from the Committee on coming to fruition. It means a great happy to tell him that my reason for Energy and Natural Resources, with an deal to improving education in our putting the hold on in the first place amendment to strike all after the en- State, and I appreciate my colleagues’ had been resolved. One of the happiest acting clause and inserting in lieu support. days of my life was the day I could thereof the following: S12102 CONGRESSIONAL RECORD — SENATE October 9, 1998 SECTION 1. DEFINITIONS. WELLTON-MOHAWK TRANSFER fringing upon any ownership rights of the In this Act, the term ‘‘Secretary’’ means the ACT United States to coalbed methane any— Secretary of Agriculture. The Senate proceeded to consider the (1) contract or lease covering any land that SEC. 2. SALE OR EXCHANGE OF ADMINISTRATIVE was conveyed by the United States under the SITES. bill (S. 2087) to authorize the Secretary Act entitled ‘‘An Act for the protection of (a) IN GENERAL.—Subject to subsection (c), the of the Interior to convey certain surface rights of entrymen’’, approved March Secretary, under such terms and conditions as works, facilities, and titles of the Gila the Secretary may prescribe, may sell or ex- 3, 1909 (30 U.S.C. 81), or the Act entitled ‘‘An Project, and designated lands within or Act to provide for agricultural entries on change any or all right, title, and interest of the adjacent to the Gila Project, to the United States in and to the following National coal lands’’, approved June 22, 1910 (30 U.S.C. Forest System administrative sites: Wellton-Mohawk Irrigation and Drain- 83 et seq.), that was— (1) The Camp Verde Administrative Site, com- age District, and for other purposes, (A) entered into by a person who has title prising approximately 213.60 acres, as depicted which had been reported from the Com- to said land derived under said Acts, and on the map entitled ‘‘Camp Verde Administra- mittee on Energy and Natural Re- (B) that conveys rights to explore for, ex- tive Site’’, dated April 12, 1997. sources, with an amendment to strike tract, and sell coalbed methane from said (2) A portion of the Cave Creek Administrative all after the enacting clause and insert- land; or Site, comprising approximately 16 acres, as de- ing in lieu thereof the following: (2) coalbed methane production from the picted on the map entitled ‘‘Cave Creek Admin- SECTION 1. SHORT TITLE lands described in subsection (a)(1) by a per- istrative Site’’, dated May 1, 1997. This Act may be referred to as the ‘‘Wellton- son who has title to said land and who, on or (3) The Fredonia Duplex Housing Site, com- Mohawk Transfer Act’’. before the date of enactment of this Act, has prising approximately 1.40 acres and the Fredo- SEC. 2. TRANSFER filed an application with the State oil and nia Housing Site, comprising approximately 1.58 The Secretary of the Interior (‘‘Secretary’’) is gas regulating agency for a permit to drill an acres, as depicted on the map entitled ‘‘Fredo- authorized to carry out the terms of the Memo- nia Duplex Dwelling, Fredonia Ranger Dwell- oil and gas well to a completion target lo- randum of Agreement No. 8–AA–34–WAO14 cated in a coal formation. ing’’, dated August 28, 1997. (‘‘Agreement’’) dated July 10, 1998 between the (4) The Groom Creek Administrative Site, com- (b) APPLICATION.—Subsection (a)— Secretary and the Wellton-Mohawk Irrigation prising approximately 7.88 acres, as depicted on (1) shall apply only to a valid contract or and Drainage District (‘‘District’’) providing for the map entitled ‘‘Groom Creek Administrative lease described in subsection (a) that is in ef- Site’’, dated April 29, 1997. the transfer of works, facilities, and lands to the District, including conveyance of Acquired fect on the date of enactment of this Act; (5) The Payson Administrative Site, compris- (2) shall not otherwise change the terms or ing approximately 296.43 acres, as depicted on Lands, Public Lands, and Withdrawn Lands, as conditions of, or affect the rights or obliga- the map entitled ‘‘Payson Administrative Site’’, defined in the Agreement. tions of any person under such a contract or dated May 1, 1997. SEC. 3. WATER AND POWER CONTRACTS (6) The Sedona Administrative Site, compris- Notwithstanding the transfer, the Secretary lease; ing approximately 21.41 acres, as depicted on and the Secretary of Energy shall provide for (3) shall apply only to land with respect to the map entitled ‘‘Sedona Administrative Site’’, and deliver Colorado River water and Parker- which the United States is the owner of coal dated April 12, 1997. Davis Project Priority Use Power to the District reserved to the United States in a patent (b) EXCHANGE ACQUISITIONS.—The Secretary in accordance with the terms of existing con- issued under the Act of March 3, 1909 (30 may acquire land and existing or future admin- tracts with the District, including any amend- U.S.C. 81), or the Act of June 22, 1910 (30 istrative improvements in exchange for a con- ments or supplements thereto or extensions U.S.C. 83 et seq.), the position of the United veyance of an administrative site under sub- thereof and as provided under section 2 of the States as the owner of the coal not having section (a). Agreement. passed to a third party by deed, patent or (c) APPLICABLE AUTHORITIES.—A sale or ex- SEC. 4. SAVINGS other conveyance by the United States; change of an administrative site shall be subject Nothing in this Act shall affect any obliga- (4) shall not apply to any interest in coal to the laws (including regulations) applicable to tions under the Colorado River Basin Salinity or land conveyed, restored, or transferred by the conveyance and acquisition of land for Na- Control Act (Public Law 93–320, 43 U.S.C. 1571). the United States to a federally recognized tional Forest System purposes. SEC. 5. REPORT Indian tribe, including any conveyance, res- (d) CASH EQUALIZATION.—Notwithstanding If transfer of works, facilities, and lands pur- toration, or transfer made pursuant to the any other provision of law, the Secretary may suant to the Agreement has not occurred by Indian Reorganization Act, June 18, 1934 (c. accept a cash equalization payment in excess of July 1, 2000, the Secretary shall report on the 576, 48 Stat. 984, as amended); the Act of June 25 percent of the value of an administrative site status of the transfer as provided in section 5 of 28, 1938 (c. 776, 52 Stat. 1209 as implemented in an exchange under subsection (a). the Agreement. (e) SOLICITATIONS OF OFFERS.—In carrying by the order of September 14, 1938, 3 Fed. SEC. 6. AUTHORIZATION Reg. 1425); and including the area described out this Act, the Secretary may— There are authorized to be appropriated such (1) use solicitations of offers for sale or ex- in § 3 of Public Law 98–290; or any executive sums as may be necessary to carry out the provi- change on such terms and conditions as the Sec- order; sions of this Act. retary may prescribe; and (5) shall not be construed to constitute a (2) reject any offer if the Secretary determines The committee amendment was waiver of any rights of the United States that the offer is not adequate or not in the pub- agreed to. with respect to coalbed methane production lic interest. The bill (S. 2087), as amended, was that is not subject to subsection (a); and SEC. 3. DISPOSITION OF FUNDS. considered read the third time and (6) shall not limit the right of any person The proceeds of a sale or exchange under sec- passed. who entered into a contract or lease before tion 2 shall be deposited in the fund established f the date of enactment of this Act, or enters under Public Law 90–171 (16 U.S.C. 484a) (com- PROTECTING THE SANCTITY OF into a contract or lease on or after the date monly known as the ‘‘Sisk Act’’) and shall be of enactment of this Act, for coal owned by available for expenditure, until expended, for— CONTRACTS AND LEASES EN- (1) the acquisition of land and interests in TERED INTO BY SURFACE PAT- the United States, to mine and remove the coal and to release coalbed methane without land for administrative sites; and ENT HOLDERS WITH RESPECT TO (2) the acquisition, construction, or improve- liability to any person referred to in sub- ment of offices and new or other administrative COALBED METHANE GAS section (a)(1)(A) or (a)(2). The Senate proceeded to consider the buildings for the Coconino National Forest, The committee amendment was Kaibab National Forest, Prescott National For- bill (S. 2500) to protect the sanctity of est, and Tonto National Forest. contracts and leases entered into by agreed to. SEC. 4. REVOCATIONS. surface patent holders with respect to The bill (S. 2500), as amended, was (a) PUBLIC LAND ORDERS.—Notwithstanding coalbed methane gas, which had been considered read the third time and any other provision of law, to facilitate the sale reported from the Committee on En- or exchange of the administrative sites, public passed. land orders withdrawing the administrative sites ergy and Natural Resources, with an from all forms of appropriation under the public amendment; as follows: f land laws are revoked for any portion of the ad- (The part of the bill intended to be inserted is shown in italic.) ministrative sites conveyed by the Secretary. CONVEYING CERTAIN LANDS TO (b) EFFECTIVE DATE.—The effective date of a S. 2500 SAN JUAN COLLEGE revocation made by this section shall be the date Be it enacted by the Senate and House of Rep- of the patent or deed conveying the administra- resentatives of the United States of America in The Senate proceeded to consider the tive site. Congress assembled, bill (S. 2402) to direct the Secretary of The committee amendment was SECTION 1. PROTECTION OF SANCTITY OF CON- agreed to. TRACTS AND LEASES OF SURFACE Agriculture to convey certain lands in PATENT HOLDERS WITH RESPECT San Juan County, New Mexico, to San The bill (S. 1752), as amended, was TO COALBED METHANE GAS. considered read the third time and (a) IN GENERAL.—Subject to subsection (b), Juan College, which had been reported passed. the United States shall recognize as not in- from the Committee on Energy and October 9, 1998 CONGRESSIONAL RECORD — SENATE S12103 Natural Resources, with an amendment College and the area residents. We also ø(c) DEFINITION.—The terms¿ (b) DEFINI- to strike all after the enacting clause need to put this property in the hands TION.—In this section, the terms ‘‘Woodland and inserting in lieu thereof the follow- of the college so it can protect the area Lake Park tract’’ and ‘‘tract’’ mean the par- cel of land in Apache–Sitgreaves National ing: from further deterioration and fire. Forest in the State of Arizona that consists SECTION 1. OLD JICARILLA ADMINISTRATIVE Over one third of the land in New of approximately 583 acres and is known as SITE. Mexico is owned by the federal govern- the Woodland Lake Park tract. (a) CONVEYANCE OF PROPERTY.—Not later ment, and therefore finding appro- The committee amendment was than one year after the date of enactment of priate sites for community and edu- this Act, the Secretaries of Agriculture and Inte- agreed to. rior (herein ‘‘the Secretaries’’) shall convey to cational purposes can be difficult. S. The bill (S. 2413), as amended, was San Juan College, in Farmington, New Mexico, 2402 is a win-win bill in providing fa- considered read the third time and subject to the terms and conditions under sub- cilities and lands to San Juan College passed, as follows: section (c), all right, title, and interest of the and removing unwanted and unused S. 2413 United States in and to a parcel of real property land and facilities from federal owner- Be it enacted by the Senate and House of Rep- (including any improvements on the land) con- ship. I urge prompt passage in the resentatives of the United States of America in sisting of approximately ten acres known as the House of Representatives. Congress assembled, ‘‘Old Jicarilla Site’’ located in San Juan Coun- The committee amendment was SECTION 1. WOODLAND LAKE PARK TRACT, ty, New Mexico (T29N; R5W; portions of Sec- agreed to. APACHE-SITGREAVES NATIONAL tions 29 and 30). FOREST, ARIZONA. (b) DESCRIPTION OF PROPERTY.—The exact The bill (S. 2402), as amended, was (a) PROHIBITION OF CONVEYANCE.—The Sec- acreage and legal description of the real prop- considered read the third time and retary of Agriculture may not convey any erty conveyed under subsection (a) shall be de- passed. right, title, or interest of the United States termined by a survey satisfactory to the Sec- The title was amended so as to read: in and to the Woodland Lake Park tract un- retaries and the President of San Juan College. ‘‘A bill to direct the Secretaries of Ag- less the conveyance of the tract— The cost of the survey shall be borne by San riculture and Interior to convey cer- (1) is made to the town of Pinetop-Lake- side; or Juan College. tain lands in San Juan County, New (c) TERMS AND CONDITIONS.— (2) is specifically authorized by a law en- (1) Notwithstanding exceptions of application Mexico, to San Juan College.’’. acted after the date of the enactment of this under the Recreation and Public Purposes Act f Act. (43 U.S.C. 869(c)), consideration for the convey- (b) DEFINITION.—In this section, the terms ance described in subsection (a) shall be— APACHE-SITGREAVES NATIONAL ‘‘Woodland Lake Park tract’’ and ‘‘tract’’ (A) an amount that is consistent with the Bu- FOREST mean the parcel of land in Apache– reau of Land Management special pricing pro- The Senate proceeded to consider the Sitgreaves National Forest in the State of gram for Governmental entities under the Recre- bill (S. 2413) to provide for the develop- Arizona that consists of approximately 583 ation and Public Purposes Act; and acres and is known as the Woodland Lake (B) an agreement between the Secretaries and ment of a management plan for the Park tract. San Juan College indemnifying the Government Woodland Lake Park tract in Apache- The title was amended so as to read: of the United States from all liability of the Gov- Sitgreaves National Forest in the ‘‘A bill to direct the Secretaries of Ag- ernment that arises from the property. State of Arizona reflecting the current riculture and Interior to convey cer- (2) The lands conveyed by this Act shall be use of the tract as a public park, which used for educational and recreational purposes. tain lands in San Juan County, New had been reported from the Committee Mexico, to San Juan College.’’. If such lands cease to be used for such purposes, on Energy and Natural Resources, with at the option of the United States, such lands f will revert to the United States. amendments; as follows: (d) LAND WITHDRAWALS.—Public Land Order (The parts of the bill intended to be MORRISTOWN NATIONAL 3443, only insofar as it pertains to lands de- stricken are shown in boldface brack- HISTORICAL PARK scribed in subsections (a) and (b) above, shall be ets and the parts of the bill intended to The bill (S. 2458) to amend the Act revoked simultaneous with the conveyance of be inserted are shown in italic.) entitled ‘‘An Act to provide for the cre- the property under subsection (a). S. 2413 ation of the Morristown National his- Mr. DOMENICI. Mr. President, I am Be it enacted by the Senate and House of Rep- torical Park in the State of New Jer- very pleased at the Senate’s passage of resentatives of the United States of America in sey, and for other purposes’’ to author- S. 2402, the Old Jicarilla Administra- Congress assembled, ize the acquisition of property known tive Site Conveyance Act of 1998. This øSECTION 1. MANAGEMENT OF WOODLAND LAKE as the ‘‘Warren Property,’’ was consid- legislation allows for transfer by the PARK TRACT, APACHE–SITGREAVES ered, ordered to be engrossed for a Secretaries of Agriculture and Interior NATIONAL FOREST, ARIZONA, FOR RECREATIONAL PURPOSES. third reading, read the third time, and real property and improvements at an ø(a) MANAGEMENT PLAN REQUIRED.—Not passed; as follows: abandoned and surplus administrative later than 180 days after the date of the en- S. 2458 site of the Carson National Forest to actment of this Act, the Secretary of Agri- Be it enacted by the Senate and House of Rep- San Juan College. The site is known as culture, acting through the supervisor of resentatives of the United States of America in the old Jicarilla Ranger District Sta- Apache–Sitgreaves National Forest in the Congress assembled, tion, near the village of Gobernador, State of Arizona, shall prepare a manage- SECTION 1. ACQUISITION OF WARREN PROPERTY ment plan for the Woodland Lake Park tract FOR MORRISTOWN NATIONAL HIS- New Mexico. The Jicarilla Station will TORICAL PARK. continue to be used for public purposes, that is designed to ensure that the tract is managed by the Forest Service for rec- The Act entitled ‘‘An Act to provide for including educational and recreational reational purposes consistent with the use of the creation of the Morristown National His- purposes of the college. the tract as a public park by the town of torical Park in the State of New Jersey, and The Forest Service determined that Pinetop-Lakeside, Arizona. The forest super- for other purposes’’, approved March 2, 1933 these ten acres are of no further use to visor shall prepare the management plan in (16 U.S.C. 409 et seq.), is amended by adding them, since the Jicarilla District Rang- consultation with the town of Pinetop-Lake- at the end the following: side. ‘‘SEC. 8. ACQUISITION OF WARREN PROPERTY er moved into a new administrative fa- FOR MORRISTOWN NATIONAL HIS- (b) PROHIBITION ON CONVEYANCE.—The cility in the town of Bloomfield, New ø TORICAL PARK. Secretary¿ Mexico. The facility has had no occu- ‘‘(a) IN GENERAL.—In addition to any other pants for several years, and the Forest SECTION 1. WOODLAND LAKE PARK TRACT, land or interest authorized to be acquired for APACHE-SITGREAVES NATIONAL inclusion in the Morristown National Histor- Service recently testified that the im- FOREST, ARIZONA. provements on the site are surplus, and ical Park, and notwithstanding the first pro- (a) PROHIBITION OF CONVEYANCE.—The Sec- viso of the first section of this Act, the Sec- endorsed passage of this bill to provide retary retary of the Interior may acquire by pur- long-term benefits for the people of of Agriculture may not convey any right, chase, donation, or other means not to ex- San Juan County and the students and title, or interest of the United States in and ceed 15 acres of land and interests in land faculty of San Juan College. to the Woodland Lake Park tract unless the comprising the property known as the ‘War- Clearly, this legislation deserves conveyance of the tract— ren Property’ or ‘Mount Kemble’. (1) is made to the town of Pinetop-Lake- prompt approval in the House and sig- ‘‘(b) AUTHORIZED EXPENDITURE.—The Sec- side; or retary may expend such sums as are nec- nature by the President because it is (2) is specifically authorized by a law en- essary for the acquisition. noncontroversial and the land can acted after the date of the enactment of this ‘‘(c) ADMINISTRATION.—Any land or interest readily be put to good use for San Juan Act. acquired under this section shall be included S12104 CONGRESSIONAL RECORD — SENATE October 9, 1998 in and administered as part of the Morris- in existence as of the date of enactment of this (1) IN GENERAL.—The Secretary shall provide town National Historical Park.’’. Act; and assistance in the preservation of Route 66 in a Mr. TORRICELLI. I thank the major- (B) public and private land in the vicinity of manner that is compatible with the idiosyncratic ity leader and minority leader for the highway. nature of the highway. (2) CULTURAL RESOURCE PROGRAMS.—The term (2) PLANNING.—The Secretary shall not pre- bringing this legislation forward. Al- ‘‘Cultural Resource Programs’’ means the pro- pare or require preparation of an overall man- though time has been short, to some of grams established and administered by the Na- agement plan for Route 66, but shall cooperate us this is very important. Mr. Presi- tional Park Service for the benefit of and in with the States and local public and private per- dent, this is a simple effort to conserve support of cultural resources related to Route sons and entities, State Historic Preservation 15 acres of land in Morristown, NJ. It is 66, either directly or indirectly. Offices, nonprofit Route 66 preservation entities, for most Americans a sacred piece of (3) PRESERVATION OF ROUTE 66.—The term and Indian Tribes in developing local preserva- real estate. It is where George Wash- ‘‘preservation of Route 66’’ means the preserva- tion plans to guide efforts to protect the most ington spent the winter of 1779. There tion or restoration of portions of the highway, important or representative resources of Route businesses and sites of interest and other con- 66. are few more hallowed grounds in tributing resources along the highway com- SEC. 4. RESOURCE TREATMENT. American history. memorating Route 66 during its period of out- (a) TECHNICAL ASSISTANCE PROGRAM.— While previous Congresses have saved standing historic significance (principally be- (1) IN GENERAL.—The Secretary shall develop much of this real estate, this particu- tween 1933 and 1970), as defined by the July a program of technical assistance in the preser- lar acreage is under threat of develop- 1995 National Park Service ‘‘Special Resource vation of Route 66. ment. This is a simple authorization. Study of Route 66’’. (2) GUIDELINES FOR PRESERVATION NEEDS.— The U.S. Government can either enter (4) SECRETARY.—The term ‘‘Secretary’’ means (A) IN GENERAL.—As part of the program the Secretary of the Interior, acting through the under paragraph (1), the Secretary shall estab- into a contract to purchase or receive lish guidelines for setting priorities for preserva- it as a gift, this final threatened acre- Cultural Resource Programs at the National Park Service. tion needs. age. I am very grateful for this support (5) STATE.—The term ‘‘State’’ means a State (B) BASIS.—The guidelines under subpara- and bringing this forward today. in which a portion of Route 66 is located. graph (A) may be based on national register standards, modified as appropriate to meet the Finally, Mr. President, I want to SEC. 2. DESIGNATION. needs of Route 66 so as to allow for the preser- mention, while Senator GORTON is on Route 66 is designated as ‘‘Route 66 National vation of Route 66. the floor, that in separate legislation Historic Highway’’. (b) PROGRAM FOR COORDINATION OF ACTIVI- in the Interior bill he has authorized a SEC. 3. MANAGEMENT. TIES.— study of all remaining threatened lands (a) IN GENERAL.—The Secretary, in collabora- (1) IN GENERAL.—The Secretary shall coordi- from the Revolutionary War, that we tion with the entities described in subsection (c), nate a program of historic research, curation, no longer have to do this on a piece- shall facilitate the development of guidelines preservation strategies, and the collection of meal basis. and a program of technical assistance and oral and video histories of Route 66. I thank again the majority leader, grants that will set priorities for the preserva- (2) DESIGN.—The program under paragraph Mr. President. tion of Route 66. (1) shall be designed for continuing use and im- I yield the floor. (b) DESIGNATION OF OFFICIALS.—The Sec- plementation by other organizations after the retary shall designate officials of the National Cultural Resource Programs are terminated. f Park Service stationed at locations convenient (c) GRANTS.—The Secretary shall— UNANIMOUS CONSENT to the States to perform the functions of the (1) make cost-share grants for preservation of Route 66 available for resources that meet the AGREEMENT Cultural Resource Programs under this Act. (c) GENERAL FUNCTIONS.—The Secretary guidelines under subsection (a); and Mr. LOTT. Mr. President, I now ask shall— (2) provide information about existing cost- unanimous consent that the Senate (1) support efforts of State and local public share opportunities. proceed, en bloc, to the immediate con- and private persons, nonprofit Route 66 preser- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. sideration of the following bills: Cal- vation entities, Indian Tribes, State Historic There are authorized to be appropriated endar No. 622, S. 2133; Calendar No. 637, Preservation Offices, and entities in the States $10,000,000 for the period of fiscal years 2000 through 2009 to carry out the purposes of this S. 2401; Calendar No. 704, S. 2513. I fur- to preserve Route 66 by providing technical as- sistance, participating in cost-sharing programs, Act. ther ask unanimous consent that and making grants; amendment No. 3800 to S. 2133, amend- (2) act as a clearinghouse for communication AMENDMENT NO. 3800 ment No. 3801 to S. 2401, and amend- among Federal, State, and local agencies, non- (Purpose: To improve the bill) ment No. 3802 to S. 2513 be considered profit Route 66 preservation entities, Indian On page 6, strike lines 12 through 18 and in- as agreed to, en bloc, to the respective Tribes, State Historic Preservation Offices, and sert the following: bills. I finally ask unanimous consent private persons and entities interested in the (1) ROUTE 66 CORRIDOR.—The term ‘‘Route that any committee amendments be preservation of Route 66; and 66 corridor’’ means structures and other cul- considered agreed to, the bills, as (3) assist the States in determining the appro- tural resources described in paragraph (3), priate form of establishing and supporting a including— amended be read a third time, passed, non-Federal entity or entities to perform the (A) public land within the immediate vi- and the motions to reconsider be laid functions of the Cultural Resource Programs cinity of those portions of the highway for- upon the table, and that any state- after those programs are terminated. merly designated as United States Route 66; ments relating to these measures ap- (d) AUTHORITIES.—In carrying out this Act, and pear at the appropriate place in the the Secretary may— (B) private land within that immediate vi- RECORD. (1) collaborate with the Secretary of Trans- cinity that is owned by persons or entities The PRESIDING OFFICER. Without portation to— that are willing to participate in the pro- objection, it is so ordered. (A) address transportation factors that may grams authorized by this Act. conflict with preservation efforts in such a way On page 6, lines 22 and 23, strike ‘‘cultural f as to ensure ongoing preservation, interpreta- resources related to Route 66’’ and insert ROUTE 66 NATIONAL HISTORIC tion and management of Route 66 National His- ‘‘preservation of the Route 66 corridor’’. HIGHWAY toric Highway; and On page 7, strike lines 1 through 9 and in- (B) take advantage, to the maximum extent sert the following: The Senate proceeded to consider the possible, of existing programs, such as the Sce- (3) PRESERVATION OF THE ROUTE 66 COR- bill (S. 2133) to designate former United nic Byways program under section 162 of title RIDOR.—The term ‘‘preservation of the Route States Route 66 as ‘‘America’s Main 23, United States Code. 66 corridor’’ means the preservation or res- Street’’ and authorize the Secretary of (2) enter into cooperative agreements, includ- toration of structures or other cultural re- the Interior to provide assistance, ing, but not limited to study, planning, preser- sources of businesses, sites of interest, and vation, rehabilitation and restoration; other contributing resources that— which had been reported from the Com- (3) accept donations; (A) are located within the land described in mittee on Energy and Natural Re- (4) provide cost-share grants and information; paragraph (1); sources, with an amendment to strike (5) provide technical assistance in historic (B) existed during the route’s period of out- all after the enacting clause and insert- preservation; and standing historic significance (principally ing in lieu thereof the following: (6) conduct research. between 1933 and 1970), as defined by the SECTION 1. DEFINITIONS. (e) ROAD SIGNS.—The Secretary may sponsor study prepared by the National Park Service In this Act: a road sign program on Route 66 to be imple- and entitled ‘‘Special Resource Study of (1) ROUTE 66.—The term ‘‘Route 66’’ means— mented on a cost-sharing basis with State and Route 66’’, dated July 1995; and (A) portions of the highway formerly des- local organizations. (C) remain in existence as of the date of en- ignated as United States Route 66 that remain (f) PRESERVATION ASSISTANCE.— actment of this Act. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12105 On page 7, line 15, strike ‘‘Route 66’’ and efforts to preserve aspects of the his- (2) CULTURAL RESOURCE PROGRAMS.—The insert ‘‘the Route 66 corridor’’. toric Route 66 corridor, the nation’s term ‘‘Cultural Resource Programs’’ means On page 7, strike lines 16 through 18. most important thoroughfare for east- the programs established and administered On page 7, line 19, strike ‘‘SEC. 3.’’ and in- west migration in the 20th century. by the National Park Service for the benefit sert ‘‘SEC. 2.’’. The Administration testified in favor of and in support of preservation of the On page 7, lines 23 and 24, strike ‘‘preserva- Route 66 corridor, either directly or indi- tion of Route 66’’ and insert ‘‘preservation of of this legislation, with some modifica- rectly. the Route 66 corridor’’. tions. We’ve made some good changes (3) PRESERVATION OF THE ROUTE 66 COR- On page 8, line 9, strike ‘‘to preserve Route to the bill, and Senator CHAFEE’s RIDOR.—The term ‘‘preservation of the Route 66’’ and insert ‘‘for the preservation of the amendment furthers progress for suc- 66 corridor’’ means the preservation or res- Route 66 corridor’’. cess of this Park Service program. This toration of structures or other cultural re- On page 8, line 15, strike ‘‘historic’’ and in- legislation authorizes a funding level sources of businesses, sites of interest, and sert ‘‘Historic’’. over 10 years and stresses that we want other contributing resources that— On page 8, line 16, strike ‘‘preservation of the federal government to support (A) are located within the land described in Route 66;’’ and insert ‘‘preservation of the grassroots efforts to preserve aspects of paragraph (1); Route 66 corridor;’’. (B) existed during the route’s period of out- On page 9, strike lines 1 through 11. this historic highway. standing historic significance (principally On page 9, line 12, strike ‘‘(2)’’ and insert New Mexico added to the aura of between 1933 and 1970), as defined by the ‘‘(1)’’. Route 66, giving new generations of study prepared by the National Park Service On page 9, line 15, strike ‘‘(3)’’ and insert Americans their first experience of our and entitled ‘‘Special Resource Study of ‘‘(2)’’. colorful culture and heritage. Des- Route 66’’, dated July 1995; and On page 9, line 16, strike ‘‘(4)’’ and insert ignated in 1926, the 2,200-mile Route 66 (C) remain in existence as of the date of en- ‘‘(3)’’. stretched from Chicago to Santa actment of this Act. On page 9, line 17, strike ‘‘(5)’’ and insert (4) SECRETARY.—The term ‘‘Secretary’’ ‘‘(4)’’. Monica, California. It rolled through eight American states, and in New means the Secretary of the Interior, acting On page 9, line 19, strike ‘‘(6)’’ and insert through the Cultural Resource Programs at ‘‘(5)’’. Mexico, it went through the commu- the National Park Service. On page 9, strike lines 20 through 22. nities of Tucumcari, Santa Rosa, Albu- (5) STATE.—The term ‘‘State’’ means a On page 9, line 23, strike ‘‘(f)’’ and insert querque, Grants, and Gallup. Route 66 State in which a portion of the Route 66 cor- ‘‘(e)’’. allowed generations of vacationers to ridor is located. On page 9, line 25, strike ‘‘preservation of travel to previously remote areas and SEC. 2. MANAGEMENT. Route 66’’ and insert ‘‘preservation of the Route 66 corridor’’. experience the natural beauty and cul- (a) IN GENERAL.—The Secretary, in col- On page 10, line 2, strike ‘‘highway’’ and in- tures of the Southwest and Far West. laboration with the entities described in sub- sert ‘‘Route 66 corridor’’. S. 2133 will facilitate greater coordina- section (c), shall facilitate the development On page 10, line 5, strike ‘‘Route 66’’ and tion in federal, state and private ef- of guidelines and a program of technical as- insert ‘‘the Route 66 corridor’’. forts to preserve structures and other sistance and grants that will set priorities On page 10, line 11, strike ‘‘Route 66’’ and for the preservation of the Route 66 corridor. cultural resources of the historic Route (b) DESIGNATION OF OFFICIALS.—The Sec- insert ‘‘the Route 66 corridor’’. 66 corridor, the 20th century route On page 10, line 12, strike ‘‘ ’’ and in- retary shall designate officials of the Na- SEC. 4. equivalent to the Santa Fe Trail. sert ‘‘SEC. 3.’’. tional Park Service stationed at locations On page 10, line 16, strike ‘‘Route 66’’ and This bill authorizes the National convenient to the States to perform the insert ‘‘the Route 66 corridor’’. Park Service to support state, local functions of the Cultural Resource Programs On page 11, strike lines 1 and 2 and insert and private efforts to preserve the under this Act. the following: Route 66 corridor by providing tech- (c) GENERAL FUNCTIONS.—The Secretary nical assistance, participating in cost- shall— needs for preservation of the Route 66 cor- (1) support efforts of State and local public ridor. sharing programs, and make grants. and private persons, nonprofit Route 66 pres- On page 11, line 7, strike ‘‘histories of The Park Service will also act as a ervation entities, Indian tribes, State His- Route 66’’ and insert ‘‘histories of events clearing house for communication toric Preservation Offices, and entities in that occurred along the Route 66 corridor’’. among federal, state, local, private and the States for the preservation of the Route On page 11, line 14, strike ‘‘Route 66’’ and American Indian entities interested in 66 corridor by providing technical assistance, insert ‘‘the Route 66 corridor’’. participating in cost-sharing programs, and On page 11, line 18, strike ‘‘ ’’ and in- the preservation of the Route 66 cor- SEC. 5. making grants; sert ‘‘ ’’. ridor. SEC. 4. (2) act as a clearinghouse for communica- Amend the title so as to read: ‘‘A bill to As we draw to the close of this cen- tion among Federal, State, and local agen- preserve the cultural resources of the Route tury, there is more interest in trying cies, nonprofit Route 66 preservation enti- 66 corridor and to authorize the Secretary of to save Route 66. I sincerely hope that ties, Indian tribes, State Historic Preserva- the Interior to provide assistance.’’. this legislation is quickly passed on tion Offices, and private persons and entities Mr. DOMENICI. Mr. President, today the House floor. The time is now to interested in the preservation of the Route the United States Senate has taken a provide tangible means of assistance to 66 corridor; and historic step in preserving one of preserve this special highway. (3) assist the States in determining the ap- America’s treasures—Route 66. S. 2133, The amendment (No. 3800) was agreed propriate form of and establishing and sup- the Route 66 Corridor Preservation Act to. porting a non-Federal entity or entities to of 1998, will preserve the unique cul- The committee amendment, as perform the functions of the Cultural Re- amended, was agreed to. source Programs after those programs are tural resources along the famous Route terminated. 66 corridor and authorize the Interior The bill (S. 2133), as amended, was considered read the third time and (d) AUTHORITIES.—In carrying out this Act, Secretary to provide assistance the Secretary may— through the Park Service. Congress- passed, as follows: (1) enter into cooperative agreements, in- woman HEATHER WILSON of Albuquer- S. 2133 cluding, but not limited to study, planning, que, New Mexico, introduced a compan- Be it enacted by the Senate and House of Rep- preservation, rehabilitation and restoration; ion bill (HR. 4513) in the House of Rep- resentatives of the United States of America in (2) accept donations; Congress assembled, resentatives. I am hoping that body (3) provide cost-share grants and informa- SECTION 1. DEFINITIONS. tion; will promptly act on this bill with the In this Act: (4) provide technical assistance in historic changes proposed by the distinguished (1) ROUTE 66 CORRIDOR.—The term ‘‘Route preservation; and Environment and Public Works Com- 66 corridor’’ means structures and other cul- (5) conduct research. mittee Chairman CHAFEE. tural resources described in paragraph (3), (e) PRESERVATION ASSISTANCE.— I introduced the ‘‘Route 66 Study Act including— (1) IN GENERAL.—The Secretary shall pro- of 1990,’’ which directed the National (A) public land within the immediate vi- vide assistance in the preservation of the Park Service to determine the best cinity of those portions of the highway for- Route 66 corridor in a manner that is com- ways to preserve, commemorate and merly designated as United States Route 66; patible with the idiosyncratic nature of the and Route 66 corridor. interpret Route 66. As a result of that (B) private land within that immediate vi- (2) PLANNING.—The Secretary shall not pre- study, I introduced S. 2133 this June cinity that is owned by persons or entities pare or require preparation of an overall authorizing the National Park Service that are willing to participate in the pro- management plan for the Route 66 corridor, to join with federal, state and private grams authorized by this Act. but shall cooperate with the States and local S12106 CONGRESSIONAL RECORD — SENATE October 9, 1998 public and private persons and entities, SEC. 2. AUTHORIZATION OF APPROPRIATIONS. ministrative Jurisdiction Transfer, South State Historic Preservation Offices, non- There are authorized to be appropriated such Half’’ and dated April 28, 1998, consisting of profit Route 66 preservation entities, and In- sums as may be necessary to carry out the pur- approximately dian tribes in developing local preservation poses of this Act. On page 3, strike lines 13 through 16 and in- plans to guide efforts to protect the most im- sert the following: portant or representative resources of the AMENDMENT NO. 3801 (1) LAND TRANSFER.—The Federal land de- Route 66 corridor. (Purpose: To amend in the nature of a picted on the maps described in subsection SEC. 3. RESOURCE TREATMENT. substitute, Calendar Number 637, S. 2401) (a)(1), consisting of approximately 1,632 On page 4, strike lines 9 through 11 and in- (a) TECHNICAL ASSISTANCE PROGRAM.— Strike all after the enacting clause and in- sert the following: (1) IN GENERAL.—The Secretary shall de- sert the following: Federal land depicted on the maps described velop a program of technical assistance in SECTION 1. ADDITION OF THE PAOLI BATTLE- the preservation of the Route 66 corridor. in subsection (a)(1), consisting of FIELD SITE TO THE VALLEY FORGE On page 5, strike lines 9 through 11 and in- (2) GUIDELINES FOR PRESERVATION NEEDS.— NATIONAL HISTORICAL PARK. sert the following: (A) IN GENERAL.—As part of the program Section 2(a) of Public Law 94–337 (16 U.S.C. maps described in subsection (a)(1), consist- under paragraph (1), the Secretary shall es- 410aa–1(a)) is amended in the first sentence ing of approximately 960 acres within tablish guidelines for setting priorities for by striking ‘‘which shall’’ and inserting ‘‘and On page 6, strike lines 15 and 16 and insert preservation needs. the area known as the ‘Paoli Battlefield’, lo- (B) BASIS.—The guidelines under subpara- the following: cated in the borough of Malvern, Pennsyl- on the map entitled ‘‘BLM/Rogue River NF graph (A) may be based on national register vania, described as the ‘‘Proposed Addition standards, modified as appropriate to meet Boundary Adjustment, North Half’’ and to Paoli Battlefield’’ on the map numbered dated April 28, 1998, and the map entitled the needs for preservation of the Route 66 71572 and dated 2–17–98, (referred to in this corridor. ‘‘BLM/Rogue River NF Boundary Adjust- Act as the ‘Paoli Battlefield’), which map ment, South Half’’ and dated April 28, 1998. (b) PROGRAM FOR COORDINATION OF ACTIVI- shall’’. On page 10, after line 3, add the following: TIES.— SEC. 2. COOPERATIVE MANAGEMENT OF PAOLI (1) IN GENERAL.—The Secretary shall co- BATTLEFIELD. TITLE III—CONVEYANCE TO DESCHUTES COUNTY, OREGON ordinate a program of historic research, Section 3 of Public Law (16 U.S.C. 410aa–2), curation, preservation strategies, and the is amended by adding at the end the follow- SEC. 301. CONVEYANCE TO DESCHUTES COUNTY, collection of oral and video histories of ing: ‘‘The Secretary may enter into a cooper- OREGON. events that occurred along the Route 66 cor- ative agreement with the borough of Mal- (a) PURPOSES.—The purposes of this section ridor. vern, Pennsylvania for the management by are to authorize the Secretary of the Interior (2) DESIGN.—The program under paragraph the borough of the Paoli Battlefield.’’. to sell at fair market value to Deschutes (1) shall be designed for continuing use and County, Oregon, certain land to be used to SEC. 3. ACQUISITION OF LAND FOR PAOLI BAT- implementation by other organizations after TLEFIELD. protect the public’s interest in clean water the Cultural Resource Programs are termi- Section 4(a) of Public Law 94–337 (16 U.S.C. in the aquifer that provides drinking water nated. 410aa–3) is amended by striking ‘‘not more for residents and to promote the public in- (c) GRANTS.—The Secretary shall— than $13,895,000 for the acquisition of lands terest in the efficient delivery of social serv- (1) make cost-share grants for preservation and interests in lands’’ and inserting ‘‘not ices and public amenities in southern of the Route 66 corridor available for re- more than— Deschutes County, Oregon, by— sources that meet the guidelines under sub- ‘‘(1) $13,895,000 for the acquisition of land (1) providing land for private residential section (a); and and interests in land; and development to compensate for development (2) provide information about existing ‘‘(2) if non-Federal funds in the amount of prohibitions on private land currently zoned cost-share opportunities. not less than $1,000,000 are available for the for residential development the development SEC. 4. AUTHORIZATION OF APPROPRIATIONS. acquisition and donation to the National of which would cause increased pollution of There are authorized to be appropriated Park Service of land and interests in land ground and surface water; $10,000,000 for the period of fiscal years 2000 within the Paoli Battlefield, $2,500,000 for the (2) providing for the streamlined and low- through 2009 to carry out the purposes of this acquisition of land interests in land within cost acquisition of land by nonprofit and Act. the Paoli Battlefield’’. governmental social service entities that offer needed community services to residents f The amendment (No. 3801) was agreed of the area; to. (3) allowing the County to provide land for VALLEY FORCE NATIONAL The committee amendment, as community amenities and services such as HISTORIC SITE amended, was agreed to. open space, parks, roads, and other public The bill (S. 2401), as amended, was spaces and uses to area residents at little or The Senate proceeded to consider the no cost to the public; and bill (S. 2401) to authorize the addition considered read the third time and passed. (4) otherwise assist in the implementation of the Paoli Battlefield in Malvern, of the Deschutes County Regional Problem Pennsylvania, to Valley Forge Na- f Solving Project. tional Historic Park, which had been OREGON PUBLIC LAND TRANSFER (b) SALE OF LAND.— reported from the Committee on En- AND PROTECTION ACT OF 1998 (1) IN GENERAL.—The Secretary of the Inte- ergy and Natural Resources, with an rior, acting through the Director of the Bu- The Senate proceeded to consider the amendment to strike all after the en- reau of Land Management (referred to in this bill (S. 2513) to transfer administrative section as the ‘‘Secretary’’) may make avail- acting clause and inserting in lieu jurisdiction over certain Federal land able for sale at fair market value to thereof the following: located within or adjacent to Rogue Deschutes County, Oregon, the land in SECTION 1. STUDY. River National Forest and to clarify Deschutes County, Oregon (referred to in (a) IN GENERAL.—Not later than 18 months this section as the ‘‘County’’), comprising after the date on which funds are made avail- the authority of the Bureau of Land approximately 544 acres and lying in Town- able for the purpose, the Secretary of the Inte- Management to sell and exchange ship 22, S., Range 10 E. Willamette Meridian, rior shall submit to the Committee on Energy other Federal land in Oregon. described as follows: and Natural Resources of the Senate and the AMENDMENT NO. 3802 (A) Sec. 1: Committee on Resources of the House of Rep- (Purpose: To direct the Secretary of the In- (i) Government Lot 3, the portion west of resentatives a resource study of the Paoli Bat- terior to sell certain land at fair market Highway 97; tlefield Site and the Brandywine Battlefield Site value to Deschutes County, Oregon and (ii) Government Lot 4; in Pennsylvania. make technical corrections) (iii) SENW, the portion west of Highway 97; (b) CONTENTS.—The study under subsection SWNW, the portion west of Highway 97, On page 2, before line 3, insert the follow- (a) shall— NWSW, the portion west of Highway 97; ing: (1) identify the full range of resources and SWSW, the portion west of Highway 97; historic themes associated with the battlefields TITLE III—CONVEYANCE TO DESCHUTES (B) Sec. 2: and their relationship to the American Revolu- COUNTY, OREGON (i) Government Lot 1; tionary War and the Valley Forge National His- Sec. 301. Conveyance to Deschutes County, (ii) SENE, SESW, the portion east of Hun- torical Park; and Oregon. tington Road; NESE; NWSE; SWSE; SESE, (2) identify alternatives for National Park On page 2, strike lines 11 through 13 and in- the portion west of Highway 97; Service involvement at the sites and include cost sert the following: (C) Sec. 11: estimates for any necessary acquisition, develop- depicted on the map entitled ‘‘BLM/Rogue (i) Government Lot 10; ment, interpretation, operation, and mainte- River NF Administrative Jurisdiction Trans- (ii) NENE, the portion west of Highway 97; nance associated with the alternatives identi- fer, North Half’’ and dated April 28, 1998, and NWNE; SWNE, the portion west of Highway fied. the map entitled ‘‘BLM/Rogue River NF Ad- 97; NENW, the portion east of Huntington October 9, 1998 CONGRESSIONAL RECORD — SENATE S12107 Road; SWNW, the portion east of Huntington will be substantial, and far more expen- in paragraph (1) is transferred from the Sec- Road; SENW. sive to deal with later. retary of the Interior to the Secretary of Ag- (2) SUITABILITY FOR SALE.—The Secretary I particularly want to thank Senator riculture. shall convey the land under paragraph (1) (3) MANAGEMENT.—Subject to valid existing SMITH, Senator BUMPERS, and Chair- only if the Secretary determines that the rights, the Secretary of Agriculture shall land is suitable for sale through the land use man MURKOWSKI for working with me manage the land described in paragraph (1) planning process. at this late date to work out this provi- as part of Rogue River National Forest in ac- (c) SPECIAL ACCOUNT.—The amount paid by sion. I want to express my deep appre- cordance with the Act of March 1, 1911 (com- the County for the conveyance of land under ciation to Governor John Kitzhaber, monly known as the ‘‘Weeks Law’’) (36 Stat. subsection (b)— whose Regional Problem Solving ini- 961, chapter 186), and other laws (including (1) shall be deposited in a special account tiative paved the way for this effort. regulations) applicable to the National For- in the Treasury of the United States; and And finally, I want to thank the staff est System. (2) may be used by the Secretary for the (b) TRANSFER FROM NATIONAL FOREST TO purchase of environmentally sensitive land at the Bureau of Land Management here in Washington, in Portland, and PUBLIC DOMAIN.— east of Range Nine East in the State of Or- (1) LAND TRANSFER.—The Federal land de- egon that is consistent with the goals and at the Prineville District for approach- picted on the maps described in subsection objectives of the land use planning process of ing this matter from the distinct per- (a)(1), consisting of approximately 1,632 acres the Bureau of Land Management. spective of the greater benefit to the within the external boundaries of Rogue Mr. WYDEN. Mr. President, I am environment that this legislation will River National Forest, is transferred to un- joined by my Oregon colleague, Sen- achieve. reserved public domain status, and the sta- ator SMITH, in offering an amendment I also note the very active participa- tus of the land as part of Rogue River Na- to S. 2513. My amendment will provide tion of Deschutes County Commis- tional Forest and the National Forest Sys- the critical final step to enable sioner Linda Swearingen, Assistant tem is revoked. (2) ADMINISTRATIVE JURISDICTION.—Admin- Deschutes County, Oregon, in the com- County Attorney Bruce White, and istrative jurisdiction over the land described pletion of more than three years of in- Community Development Director in paragraph (1) is transferred from the Sec- tense work that they have done to find George Read. They have provided criti- retary of Agriculture to the Secretary of the an effective way to protect their cal help to get this measure approved, Interior. groundwater and wetlands from inap- and certainly it is their vision for the (3) MANAGEMENT.—Subject to valid existing propriate residential development. future of Deschutes County that has rights, the Secretary of the Interior shall ad- Deschutes County has completed sev- gotten us where we are today. minister such land under the laws (including eral years collaborative work to re- The amendment (No. 3802) was agreed regulations) applicable to unreserved public domain land. solve a number of extraordinarily dif- to. (c) RESTORATION OF STATUS OF CERTAIN NA- ficult land use problems in that coun- The bill (S. 2513), as amended, was TIONAL FOREST LAND AS REVESTED RAILROAD ty. In particular, the County faces the considered read the third time and GRANT LAND.— prospect of development of more than passed, as follows: (1) RESTORATION OF EARLIER STATUS.—The 13,000 subdivided lots in the vicinity of S. 2513 Federal land depicted on the maps described the Deschutes River in the southern Be it enacted by the Senate and House of Rep- in subsection (a)(1), consisting of approxi- half of the county. More than half of resentatives of the United States of America in mately 4,298 acres within the external bound- these lots have not yet been developed, Congress assembled, aries of Rogue River National Forest, is re- and the county now knows that if it SECTION 1. SHORT TITLE; TABLE OF CONTENTS. stored to the status of revested Oregon and California Railroad grant land, and the sta- does not prevent the further develop- (a) SHORT TITLE.—This Act may be cited as tus of the land as part of Rogue River Na- ment of these lands, they are going to the ‘‘Oregon Public Land Transfer and Pro- tection Act of 1998’’. tional Forest and the National Forest Sys- have major, intractable pollution of tem is revoked. the groundwater and of the Deschutes (b) TABLE OF CONTENTS.—The table of con- tents of this Act is as follows: (2) ADMINISTRATIVE JURISDICTION.—Admin- River. istrative jurisdiction over the land described The Oregon Department of Environ- Sec. 1. Short title; table of contents. in paragraph (1) is transferred from the Sec- mental Quality tells us that at present TITLE I—ROGUE RIVER NATIONAL retary of Agriculture to the Secretary of the rates of growth, this area faces serious FOREST TRANSFERS Interior. ground water quality problems over Sec. 101. Land transfers involving Rogue (3) MANAGEMENT.—Subject to valid existing the next decade. Further, these lands River National Forest and rights, the Secretary of the Interior shall ad- other public land in Oregon. minister the land described in paragraph (1) constitute the most important wildlife TITLE II—PROTECTION OF OREGON AND under the Act of August 28, 1937 (43 U.S.C. and wetlands habitat in the area. CALIFORNIA RAILROAD GRANT LAND 1181a et seq.), and other laws (including regu- After several years of working with lations) applicable to revested Oregon and federal and state agencies and local Sec. 201. Definitions. Sec. 202. No net loss of O & C land, CBWR California Railroad grant land under the ad- citizens, under the authority of Or- land, or public domain land. ministrative jurisdiction of the Secretary of egon’s Regional Problem Solving ini- Sec. 203. Relationship to Umpqua land ex- the Interior. tiative, the County has come up with a change authority. (d) ADDITION OF CERTAIN REVESTED RAIL- ROAD GRANT LAND TO NATIONAL FOREST.— plan to use incentives to shift develop- TITLE III—CONVEYANCE TO DESCHUTES (1) LAND TRANSFER.—The revested Oregon ment from these sensitive lands, over COUNTY, OREGON and California Railroad grant land depicted on to Bureau of Land Management Sec. 301. Conveyance to Deschutes County, on the maps described in subsection (a)(1), lands that are not nearly so sensitive. Oregon. consisting of approximately 960 acres within Under this plan, the County will sell TITLE I—ROGUE RIVER NATIONAL the external boundaries of Rogue River Na- parcels of this land to prospective resi- FOREST TRANSFERS tional Forest, is added to and made a part of dential developers. However, before a SEC. 101. LAND TRANSFERS INVOLVING ROGUE Rogue River National Forest. developer may acquire a tract, the de- RIVER NATIONAL FOREST AND (2) ADMINISTRATIVE JURISDICTION.—Admin- veloper must have purchased ‘‘develop- OTHER PUBLIC LAND IN OREGON. istrative jurisdiction over the land described ment rights’’ to lands in environ- (a) TRANSFER FROM PUBLIC DOMAIN TO NA- in paragraph (1) is transferred from the Sec- TIONAL FOREST.— retary of the Interior to the Secretary of Ag- mentally sensitive areas. Once these (1) LAND TRANSFER.—The public domain riculture. rights are acquired, the land will be re- land depicted on the map entitled ‘‘BLM/ (3) MANAGEMENT.—Subject to valid existing zoned so as to prevent any future de- Rogue River NF Administrative Jurisdiction rights, the Secretary of Agriculture shall velopment in the undesirable area. Transfer, North Half’’ and dated April 28, manage the land described in paragraph (1) In fact, the BLM lands have already 1998, and the map entitled ‘‘BLM/Rogue as part of Rogue River National Forest in ac- been logged. The BLM lands are easily River NF Administrative Jurisdiction Trans- cordance with the Act of March 1, 1911 (36 served by a wastewater collection sys- fer, South Half’’ and dated April 28, 1998, con- Stat. 961, chapter 186), and other laws (in- tem and have other features that make sisting of approximately 2,058 acres within cluding regulations) applicable to the Na- the location far more appropriate for the external boundaries of Rogue River Na- tional Forest System. tional Forest in the State of Oregon, is added (4) DISTRIBUTION OF RECEIPTS.—Notwith- development. Local BLM officials have to and made a part of Rogue River National standing the sixth paragraph under the head- been deeply involved in this effort and Forest. ing ‘‘FOREST SERVICE’’ in the Act of May 23, tell us that if it fails, the damage to (2) ADMINISTRATIVE JURISDICTION.—Admin- 1908 and section 13 of the Act of March 1, 1911 the natural environment of the area istrative jurisdiction over the land described (16 U.S.C. 500), revenues derived from the S12108 CONGRESSIONAL RECORD — SENATE October 9, 1998 land described in paragraph (1) shall be dis- ographic area, and the number of acres of O only if the Secretary determines that the tributed in accordance with the Act of Au- & C land, CBWR land, and public domain land is suitable for sale through the land use gust 28, 1937 (43 U.S.C. 1181a et seq.). land in the geographic area that are avail- planning process. (e) BOUNDARY ADJUSTMENT.—The bound- able for timber harvesting, are not less than (c) SPECIAL ACCOUNT.—The amount paid by aries of Rogue River National Forest are ad- the number of acres of such land on the date the County for the conveyance of land under justed to encompass the land transferred to of enactment of this Act. subsection (b)— the administrative jurisdiction of the Sec- SEC. 203. RELATIONSHIP TO UMPQUA LAND EX- (1) shall be deposited in a special account retary of Agriculture under this section and CHANGE AUTHORITY. in the Treasury of the United States; and to exclude private property interests adja- Notwithstanding any other provision of (2) may be used by the Secretary for the cent to the exterior boundaries of Rogue this title, this title shall not apply to an ex- purchase of environmentally sensitive land River National Forest, as depicted on the change of land authorized under section 1028 east of Range Nine East in the State of Or- map entitled ‘‘BLM/Rogue River NF Bound- of the Omnibus Parks and Public Lands Man- egon that is consistent with the goals and ary Adjustment, North Half’’ and dated April agement Act of 1996 (Public Law 104–333; 110 objectives of the land use planning process of 28, 1998, and the map entitled ‘‘BLM/Rogue Stat. 4231), or any implementing legislation the Bureau of Land Management. River NF Boundary Adjustment, South Half’’ or administrative rule, if the land exchange f and dated April 28, 1998. is consistent with the memorandum of un- (f) MAPS.—Not later than 60 days after the derstanding between the Umpqua Land Ex- VITIATION OF PASSAGE OF S. 2131 date of enactment of this Act, the maps de- change Project and the Association of Or- Mr. LOTT. I ask unanimous consent scribed in this section shall be available for egon and California Land Grant Counties that passage of S. 2131 be vitiated. public inspection in the office of the Chief of dated February 19, 1998. The PRESIDING OFFICER. Without the Forest Service. TITLE III—CONVEYANCE TO DESCHUTES objection, it is so ordered. (g) MISCELLANEOUS REQUIREMENTS.—As COUNTY, OREGON soon as practicable after the date of enact- f ment of this Act, the Secretary of the Inte- SEC. 301. CONVEYANCE TO DESCHUTES COUNTY, OREGON. WATER RESOURCES rior and the Secretary of Agriculture shall— (a) PURPOSES.—The purposes of this section (1) revise the public land records relating DEVELOPMENT ACT OF 1998 are to authorize the Secretary of the Interior to the land transferred under this section to Mr. LOTT. Mr. President, I further to sell at fair market value to Deschutes reflect the administrative, boundary, and County, Oregon, certain land to be used to ask unanimous consent that the Sen- other changes made by this section; and protect the public’s interest in clean water ate now proceed to the consideration of (2) publish in the Federal Register appro- in the aquifer that provides drinking water S. 2131, and ask that the substitute priate notice to the public of the changes in for residents and to promote the public in- amendment, which is at the desk, be administrative jurisdiction made by this sec- terest in the efficient delivery of social serv- tion with regard to the land. agreed to, the bill be read a third time ices and public amenities in southern and passed, with the motion to recon- TITLE II—PROTECTION OF OREGON AND Deschutes County, Oregon, by— CALIFORNIA RAILROAD GRANT LAND sider laid upon the table. (1) providing land for private residential I note that this legislation passed SEC. 201. DEFINITIONS. development to compensate for development In this title: prohibitions on private land currently zoned last evening, and this is a house- (1) O & C LAND.—The term ‘‘O & C land’’ for residential development the development keeping matter to allow this matter to means the land (commonly known as ‘‘Or- of which would cause increased pollution of be received by the House quickly. egon and California Railroad grant land’’) ground and surface water; The PRESIDING OFFICER. Without that— (2) providing for the streamlined and low- objection, it is so ordered. (A) revested in the United States under the cost acquisition of land by nonprofit and AMENDMENT NO. 3803 Act of June 9, 1916 (39 Stat. 218, chapter 137); governmental social service entities that (The text of the amendment is print- and offer needed community services to residents ed in today’s RECORD under ‘‘Amend- (B) is managed by the Secretary of the In- of the area; terior through the Bureau of Land Manage- (3) allowing the County to provide land for ments submitted.’’) ment under the Act of August 28, 1937 (43 community amenities and services such as Mr. LAUTENBERG. Mr. President, I U.S.C. 1181a et seq.). open space, parks, roads, and other public am pleased to join in support of the (2) CBWR LAND.—The term ‘‘CBWR land’’ spaces and uses to area residents at little or Water Resources Development Act of means the land (commonly known as ‘‘Coos no cost to the public; and 1998, one of the most important public Bay Wagon Road grant land’’) that— (4) otherwise assist in the implementation works measures before the Senate. (A) was reconveyed to the United States of the Deschutes County Regional Problem This important measure was approved under the Act of February 26, 1919 (40 Stat. Solving Project. this summer by the Committee on En- 1179, chapter 47); and (b) SALE OF LAND.— vironment and Public Works, on which (B) is managed by the Secretary of the In- (1) IN GENERAL.—The Secretary of the Inte- terior through the Bureau of Land Manage- rior, acting through the Director of the Bu- I serve. ment under the Act of August 28, 1937 (43 reau of Land Management (referred to in this This legislation includes authoriza- U.S.C. 1181a et seq.). section as the ‘‘Secretary’’) may make avail- tions for numerous water resources (3) PUBLIC DOMAIN LAND.— able for sale at fair market value to projects important to my state. Three (A) IN GENERAL.—The term ‘‘public domain Deschutes County, Oregon, the land in shoreline protection projects which land’’ has the meaning given the term ‘‘pub- Deschutes County, Oregon (referred to in will protect property, wildlife habitat, lic lands’’ in section 103 of the Federal Land this section as the ‘‘County’’), comprising and contribute to New Jersey’s coastal Policy and Management Act of 1976 (43 approximately 544 acres and lying in Town- economy are authorized to proceed to U.S.C. 1702). ship 22, S., Range 10 E. Willamette Meridian, (B) EXCLUSIONS.—The term ‘‘public domain described as follows: construction. land’’ does not include O & C land or CBWR (A) Sec. 1: Mr. President, I am pleased that this land. (i) Government Lot 3, the portion west of Committee has addressed a serious pol- (4) GEOGRAPHIC AREA.—The term ‘‘geo- Highway 97; icy disagreement with the Administra- graphic area’’ means the area in the State of (ii) Government Lot 4; tion over funding for shore protection Oregon within the boundaries of the Medford (iii) SENW, the portion west of Highway 97; projects. For the past five years, the District, Roseburg District, Eugene District, SWNW, the portion west of Highway 97, Administration has requested no fund- Salem District, Coos Bay District, and Klam- NWSW, the portion west of Highway 97; ing for new shore protection studies ath Resource Area of the Lakeview District SWSW, the portion west of Highway 97; of the Bureau of Land Management, as the (B) Sec. 2: and has underfunded the construction districts and the resource area were con- (i) Government Lot 1; work of ongoing projects. This year, stituted on January 1, 1998. (ii) SENE, SESW, the portion east of Hun- the Administration proposed modifying (5) SECRETARY.—The term ‘‘Secretary’’ tington Road; NESE; NWSE; SWSE; SESE, the cost-share for shore protection means the Secretary of the Interior. the portion west of Highway 97; projects to require the states and local- SEC. 202. NO NET LOSS OF O & C LAND, CBWR (C) Sec. 11: ities to finance the majority—65 per- LAND, OR PUBLIC DOMAIN LAND. (i) Government Lot 10; cent, of the costs of periodic renourish- In carrying out sales, purchases, and ex- (ii) NENE, the portion west of Highway 97; ment. This activity is the most expen- changes of land in the geographic area, the NWNE; SWNE, the portion west of Highway Secretary shall ensure that on expiration of 97; NENW, the portion east of Huntington sive portion of the project, since these the 10-year period beginning on the date of Road; SWNW, the portion east of Huntington projects generally receive 3–5 year re- enactment of this Act and on expiration of Road; SENW. nourishments over their 50-year period. each 10-year period thereafter, the number of (2) SUITABILITY FOR SALE.—The Secretary I disagreed with this approach be- acres of O & C land and CBWR land in the ge- shall convey the land under paragraph (1) cause I believed that it was unfair to October 9, 1998 CONGRESSIONAL RECORD — SENATE S12109 those communities that had planned Senator BAUCUS, and the Subcommit- Sec. 111. Aquatic ecosystem restoration. for these projects and expected a true tee Chairman, Senator WARNER, and Sec. 112. Beneficial uses of dredged material. partnership with the federal govern- their staff members for their hard work Sec. 113. Voluntary contributions by States and political subdivisions. ment. During the consideration of this on this bill. The members of the com- Sec. 114. Recreation user fees. bill in Committee, I offered an amend- mittee staff, including Dan Delich, Ann Sec. 115. Water resources development stud- ment to allow us to phase in a more Loomis, and Jo-Ellen Darcy were ex- ies for the Pacific region. reasonable cost-sharing formula for tremely helpful and professional, put- Sec. 116. Missouri and Middle Mississippi shore protection projects. Those ting in many long hours to produce a Rivers enhancement project. projects which have a feasibility study bill that benefits communities across Sec. 117. Outer Continental Shelf. completed by the end of 1998 or which Sec. 118. Environmental dredging. the country. Sec. 119. Benefit of primary flood damages are authorized to proceed to construc- Mr. MACK. Mr. President, I rise avoided included in benefit-cost tion in this bill, will continue to be today in support of the Water Re- analysis. covered by the 65/35 cost-share formula sources Development Act of 1998 Sec. 120. Control of aquatic plant growth. through the life of the projects, just as (WRDA 98). WRDA 98 recognizes the Sec. 121. Environmental infrastructure. all flood control projects are cost- importance of Florida’s natural re- Sec. 122. Watershed management, restora- tion, and development. shared. Those projects authorized sub- sources—through the authorization of sequently will continue to receive the Sec. 123. Lakes program. projects and studies related to the Ev- Sec. 124. Dredging of salt ponds in the State 65/35 cost-share formula for the initial erglades, flood control, shore protec- of Rhode Island. construction. However, states will be tion and water supply. Sec. 125. Upper Susquehanna River basin, required to provide 50 percent—just The investment Congress has made in Pennsylvania and New York. five percent more of the costs—for the Everglades is significant. The au- Sec. 126. Small flood control projects. Sec. 127. Small navigation projects. periodic renourishment. While I was thorization of the extension of the Ev- disappointed that we could not main- Sec. 128. Streambank protection projects. erglades’ Critical Restoration Projects Sec. 129. Aquatic ecosystem restoration, tain the current cost share for all is important because there are many Springfield, Oregon. projects, I believe that the committee’s stakeholders involved. The Senate, Sec. 130. Guilford and New Haven, Connecti- proposal is fairer to the communities through WRDA 98, sends a clear mes- cut. and states that have planned for these sage that this investment is important. Sec. 131. Francis Bland Floodway Ditch. projects. We have authorized many Sec. 132. Caloosahatchee River basin, Flor- WRDA 98 recognizes the leadership ida. shore protection projects that have Florida provides in the development of only moved forward because of the ef- Sec. 133. Cumberland, Maryland, flood water resources by authorizing Aquifer project mitigation. forts of Congress. I sincerely hope that Storage & Recovery projects in South Sec. 134. Sediments decontamination policy. our action today moves the Adminis- Florida, as well as a deep water storage Sec. 135. City of Miami Beach, Florida. tration forward to begin planning and project in the Caloosahatchee River Sec. 136. Small storm damage reduction budgeting for these projects. basin. These projects provide the im- projects. The bill also provides necessary au- Sec. 137. Sardis Reservoir, Oklahoma. portant and necessary next steps to thorization adjustments for projects Sec. 138. Upper Mississippi River and Illinois continue the progress made in the res- critical to the movement of cargo waterway system navigation toration of the Everglades. through the Port of New York and New modernization. Finally, a critical Alternative Water Sec. 139. Disposal of dredged material on Jersey as proposed by Senator MOY- Source provision provides the nec- beaches. NIHAN and I. The port annually handles essary framework for developing a sus- Sec. 140. Fish and wildlife mitigation. 1.4 million containers and 30 billion Sec. 141. Upper Mississippi River manage- tainable water supply as Florida con- gallons of petroleum products and is ment. tinues to experience unprecedented the gateway to a thriving economy for Sec. 142. Reimbursement of non-Federal in- growth. In total, WRDA 98 provides for New Jersey, New York, and the entire terest. the authorization of 23 projects in Flor- Sec. 143. Research and development program country. By the year 2010, experts pre- for Columbia and Snake Rivers dict that 90 percent of all liner freight ida to meet important shore protec- tion, flood control and water supply salmon survival. will be shipped in containers. The bill’s Sec. 144. Nine Mile Run habitat restoration, amendments are important to address- needs in the State. The amendment (No. 3803) was agreed Pennsylvania. ing the increasing cost of dredged ma- Sec. 145. Shore damage prevention or miti- to. terial disposal in light of the morato- gation. The bill (S. 2131), as amended, was rium on ocean disposal. Sec. 146. Larkspur Ferry Channel, Califor- In addition, the bill authorizes flood considered read the third time and nia. Sec. 147. Comprehensive Flood Impact-Re- control studies important to numerous passed, as follows: S. 2131 sponse Modeling System. communities in my state. The bill pro- Sec. 148. Study regarding innovative financ- Be it enacted by the Senate and House of Rep- vides for a study of flood control meas- ing for small and medium-sized resentatives of the United States of America in ures in the Repaupo Creek. This water- ports. Congress assembled, way contains a deteriorating 76-year Sec. 149. Candy Lake project, Osage County, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. old floodgate, which, if breached, Oklahoma. (a) SHORT TITLE.—This Act may be cited as Sec. 150. Salcha River and Piledriver threatens the communities of Green- the ‘‘Water Resources Development Act of wich, East Greenwich, Harrison, and Slough, Fairbanks, Alaska. 1998’’. Sec. 151. Eyak River, Cordova, Alaska. Logan, Mantua, and Woolwich. An- (b) TABLE OF CONTENTS.—The table of con- Sec. 152. North Padre Island storm damage other important study of the Delaware tents for this Act is as follows: reduction and environmental River streams and watersheds in Cam- Sec. 1. Short title; table of contents. restoration project. den and Gloucester Counties is author- TITLE I—WATER RESOURCES Sec. 153. Kanopolis Lake, Kansas. ized in the bill. The bill also includes a DEVELOPMENT Sec. 154. New York City watershed. study of navigational needs along the Sec. 101. Definition. Sec. 155. City of Charlevoix reimbursement, Sec. 102. Project authorizations. Michigan. Fortescue Inlet of the Delaware Bay. Sec. 156. Hamilton Dam flood control Mr. President, the State of New Jer- Sec. 103. Project modifications. Sec. 104. Project deauthorizations. project, Michigan. sey, local governments and regional Sec. 105. Studies. Sec. 157. National Contaminated Sediment authorities have been carefully plan- Sec. 106. Flood hazard mitigation and Task Force. ning and budgeting for the critical riverine ecosystem restoration Sec. 158. Great Lakes basin program. projects that this bill authorizes. Any program. Sec. 159. Projects for improvement of the further delays could have an adverse Sec. 107. Shore protection. environment. impact on the economies of regions Sec. 108. Small flood control authority. Sec. 160. Water quality, environmental qual- Sec. 109. Use of non-Federal funds for com- ity, recreation, fish and wild- that are affected by these projects. I piling and disseminating infor- life, flood control, and naviga- urge my colleagues to support this leg- mation on floods and flood tion. islation. damages. Sec. 161. Irrigation diversion protection and I want to thank the Chairman, Sen- Sec. 110. Everglades and south Florida eco- fisheries enhancement assist- ator CHAFEE, the Ranking Member, system restoration. ance. S12110 CONGRESSIONAL RECORD — SENATE October 9, 1998

TITLE II—CHEYENNE RIVER SIOUX tions, any other changed conditions in the (B) PERIODIC NOURISHMENT.—Periodic nour- TRIBE, LOWER BRULE SIOUX TRIBE, project area that have occurred since com- ishment is authorized for a 50-year period at AND STATE OF SOUTH DAKOTA TER- pletion of the report referred to in subpara- an estimated average annual cost of $602,000, RESTRIAL WILDLIFE HABITAT RES- graph (A) and any design modifications for with an estimated annual Federal cost of TORATION the Folsom Dam and Reservoir made by the $391,000 and an estimated annual non-Federal Sec. 201. Definitions. Secretary in implementing the measures re- cost of $211,000. Sec. 202. Terrestrial wildlife habitat restora- ferred to in clause (ii), and has issued a re- (9) AMITE RIVER AND TRIBUTARIES, LOUISI- tion. port on the review. ANA, EAST BATON ROUGE PARISH WATERSHED.— Sec. 203. South Dakota Terrestrial Wildlife (II) PRINCIPLES AND GUIDELINES.—The re- The project for flood damage reduction and Habitat Restoration Trust view shall be prepared in accordance with recreation, Amite River and Tributaries, Fund. the economic and environmental principles Louisiana, East Baton Rouge Parish Water- Sec. 204. Cheyenne River Sioux Tribe and and guidelines for water and related land re- shed: Report of the Chief of Engineers, dated Lower Brule Sioux Tribe Ter- sources implementation studies, and no con- December 23, 1996, at a total cost of restrial Wildlife Habitat Res- struction may be initiated unless the Sec- $110,045,000, with an estimated Federal cost toration Trust Funds. retary determines that the remaining down- of $71,343,000 and an estimated non-Federal Sec. 205. Transfer of Federal land to State of stream elements are technically sound, envi- cost of $38,702,000. South Dakota. ronmentally acceptable, and economically (10) BALTIMORE HARBOR ANCHORAGES AND Sec. 206. Transfer of Corps of Engineers land justified. CHANNELS, MARYLAND AND VIRGINIA.—The project for navigation, Baltimore Harbor An- for Indian Tribes. (3) LLAGAS CREEK, CALIFORNIA.—The chorages and Channels, Maryland and Vir- Sec. 207. Administration. project for completion of the remaining Sec. 208. Study. ginia: Report of the Chief of Engineers, dated reaches of the Natural Resources Conserva- Sec. 209. Authorization of appropriations. June 8, 1998, at a total cost of $27,692,000, tion Service flood control project at Llagas with an estimated Federal cost of $18,510,000 TITLE I—WATER RESOURCES Creek, California, undertaken pursuant to and an estimated non-Federal cost of DEVELOPMENT section 5 of the Watershed Protection and $9,182,000. SEC. 101. DEFINITION. Flood Prevention Act (16 U.S.C. 1005), sub- (11) RED LAKE RIVER AT CROOKSTON, MIN- In this title, the term ‘‘Secretary’’ means stantially in accordance with the require- NESOTA.—The project for flood damage re- the Secretary of the Army. ments of local cooperation as specified in duction, Red Lake River at Crookston, Min- SEC. 102. PROJECT AUTHORIZATIONS. section 4 of that Act (16 U.S.C. 1004) at a nesota: Report of the Chief of Engineers, (a) PROJECTS WITH REPORTS.—The follow- total cost of $34,300,000, with an estimated dated April 20, 1998, at a total cost of ing projects for water resources development Federal cost of $16,600,000 and an estimated $8,720,000, with an estimated Federal cost of and conservation and other purposes are au- non-Federal share of $17,700,000. $5,567,000 and an estimated non-Federal cost thorized to be carried out by the Secretary (4) UPPER GUADALUPE RIVER, CALIFORNIA.— of $3,153,000. substantially in accordance with the plans, The Secretary may construct the locally pre- (12) PARK RIVER, NORTH DAKOTA.— and subject to the conditions, described in ferred plan for flood damage reduction and (A) IN GENERAL.—Subject to the condition the respective reports designated in this sec- recreation, Upper Guadalupe River, Califor- stated in subparagraph (B), the project for tion: nia, described as the Bypass Channel Plan of flood control, Park River, Grafton, North (1) RIO SALADO (SALT RIVER), ARIZONA.—The the Chief of Engineers dated August 18, 1998, Dakota, authorized by section 401(a) of the project for environmental restoration, Rio at a total cost of $132,836,000, with an esti- Water Resources Development Act of 1986 Salado (Salt River), Arizona: Report of the mated Federal cost of $42,869,000 and an esti- (100 Stat. 4121) and deauthorized under sec- Chief of Engineers, dated August 20, 1998, at mated non-Federal cost of $89,967,000. tion 1001(a) of the Water Resources Develop- a total cost of $85,900,000, with an estimated (5) DELAWARE BAY COASTLINE: DELAWARE ment Act of 1986 (33 U.S.C. 579a), at a total Federal cost of $54,980,000 and an estimated AND NEW JERSEY-BROADKILL BEACH, DELA- cost of $27,300,000, with an estimated Federal non-Federal cost of $30,920,000. WARE.— cost of $17,745,000 and an estimated non-Fed- (2) AMERICAN RIVER WATERSHED, CALIFOR- (A) IN GENERAL.—The shore protection eral cost of $9,555,000. NIA.— project for hurricane and storm damage re- (B) CONDITION.—No construction may be (A) IN GENERAL.—The project for flood duction, Delaware Bay Coastline: Delaware initiated unless the Secretary determines damage reduction described as the Folsom and New Jersey-Broadkill Beach, Delaware, through a general reevaluation report using Stepped Release Plan in the United States Report of the Chief of Engineers dated Au- current data, that the project is technically Army Corps of Engineers Supplemental In- gust 17, 1998, at a total cost of $8,871,000, with sound, environmentally acceptable, and eco- formation Report for the American River an estimated Federal cost of $5,593,000 and an nomically justified. Watershed Project, California, dated March estimated non-Federal cost of $3,278,000. (b) PROJECTS SUBJECT TO A FINAL RE- 1996, at a total cost of $464,600,000, with an es- (B) PERIODIC NOURISHMENT.—Periodic nour- PORT.—The following projects for water re- timated Federal cost of $302,000,000 and an ishment is authorized for a 50-year period at sources development and conservation and estimated non-Federal cost of $162,600,000. an estimated average annual cost of $651,000, other purposes are authorized to be carried (B) IMPLEMENTATION.— with an estimated annual Federal cost of out by the Secretary substantially in accord- (i) IN GENERAL.—Implementation of the $410,000 and an estimated annual non-Federal ance with the plans, and subject to the con- measures by the Secretary pursuant to sub- cost of $241,000. ditions recommended in a final report of the paragraph (A) shall be undertaken after com- (6) HILLSBORO AND OKEECHOBEE AQUIFER Chief of Engineers as approved by the Sec- pletion of the levee stabilization and STORAGE AND RECOVERY PROJECT, FLORIDA.— retary, if the report of the Chief is completed strengthening and flood warning features au- The project for aquifer storage and recovery not later than December 31, 1998. thorized by section 101(a)(1) of the Water Re- described in the United States Army Corps of (1) NOME HARBOR IMPROVEMENTS, ALASKA.— sources Development Act of 1996 (110 Stat. Engineers Central and Southern Florida The project for navigation, Nome Harbor Im- 3662). Water Supply Study, Florida, dated April provements, Alaska, at a total cost of (ii) FOLSOM DAM AND RESERVOIR.—The Sec- 1989, and in House Document 369, dated July $24,280,000, with an estimated first Federal retary may undertake measures at the Fol- 30, 1968, at a total cost of $27,000,000, with an cost of $19,162,000 and an estimated first non- som Dam and Reservoir authorized under estimated Federal cost of $13,500,000 and an Federal cost of $5,118,000. subparagraph (A) only after reviewing the estimated non-Federal cost of $13,500,000. (2) SAND POINT HARBOR, ALASKA.—The design of such measures to determine if (7) INDIAN RIVER COUNTY, FLORIDA.—Not- project for navigation, Sand Point Harbor, modifications are necessary to account for withstanding section 1001(a) of the Water Re- Alaska, at a total cost of $11,463,000, with an changed hydrologic conditions and any other sources Development Act of 1986 (33 U.S.C. estimated Federal cost of $6,718,000 and an changed conditions in the project area, in- 579a(a)), the project for shoreline protection, estimated first non-Federal cost of $4,745,000. cluding operational and construction im- Indian River County, Florida, authorized by (3) SEWARD HARBOR, ALASKA.—The project pacts that have occurred since completion of section 501(a) of that Act (100 Stat. 4134), for navigation, Seward Harbor, Alaska, at a the report referred to in subparagraph (A). shall remain authorized for construction total cost of $11,930,000, with an estimated The Secretary shall conduct the review and through December 31, 2002. first Federal cost of $3,816,000 and an esti- develop the modifications to the Folsom (8) LIDO KEY BEACH, SARASOTA, FLORIDA.— mated first non-Federal cost of $8,114,000. Dam and Reservoir with the full participa- (A) IN GENERAL.—The project for shore pro- (4) HAMILTON AIRFIELD WETLAND RESTORA- tion of the Secretary of the Interior. tection at Lido Key Beach, Sarasota, Flor- TION, CALIFORNIA.—The project for environ- (iii) REMAINING DOWNSTREAM ELEMENTS.— ida, authorized by section 101 of the River mental restoration at Hamilton Airfield, (I) IN GENERAL.—Implementation of the re- and Harbor Act of 1970 (84 Stat. 1819) and de- California, at a total cost of $55,100,000, with maining downstream elements authorized authorized by operation of section 1001(b) of an estimated Federal cost of $41,300,000 and pursuant to subparagraph (A) may be under- the Water Resources Development Act of an estimated non-Federal cost of $13,800,000. taken only after the Secretary, in consulta- 1986 (33 U.S.C. 579a(b)), is authorized to be (5) OAKLAND, CALIFORNIA.— tion with affected Federal, State, regional, carried out by the Secretary at a total cost (A) IN GENERAL.—The project for naviga- and local entities, has reviewed the elements of $5,200,000, with an estimated Federal cost tion and environmental restoration, Oak- to determine if modifications are necessary of $3,380,000 and an estimated non-Federal land, California, at a total cost of to address changes in the hydrologic condi- cost of $1,820,000. $214,900,000, with an estimated Federal cost October 9, 1998 CONGRESSIONAL RECORD — SENATE S12111 of $128,600,000 and an estimated non-Federal and an estimated non-Federal cost of of $14,885,000, with an estimated Federal cost cost of $86,300,000. $2,125,000. of $11,390,000 and an estimated non-Federal (B) BERTHING AREAS AND OTHER LOCAL (14) TAMPA HARBOR-BIG BEND CHANNEL, cost of $3,495,000. SERVICE FACILITIES.—The non-Federal inter- FLORIDA.—The project for navigation, Tampa (B) PERIODIC NOURISHMENT.—Periodic nour- ests shall provide berthing areas and other Harbor-Big Bend Channel, Florida, at a total ishment is authorized for a 50-year period at local service facilities necessary for the cost of $11,348,000, with an estimated Federal an estimated average annual cost of project at an estimated cost of $38,200,000. cost of $5,747,000 and an estimated non-Fed- $4,565,000, with an estimated annual Federal (6) SOUTH SACRAMENTO COUNTY STREAMS, eral cost of $5,601,000. cost of $3,674,000 and an estimated annual CALIFORNIA.—The project for flood damage (15) BRUNSWICK HARBOR DEEPENING, GEOR- non-Federal cost of $891,000. reduction, environmental restoration, and GIA.—The project for navigation, Brunswick (21) NEW JERSEY SHORE PROTECTION, BRIGAN- recreation, South Sacramento County Harbor deepening, Georgia, at a total cost of TINE INLET TO GREAT EGG HARBOR, BRIGANTINE Streams, California at a total cost of $49,433,000, with an estimated Federal cost of ISLAND, NEW JERSEY.— $65,410,000, with an estimated Federal cost of $32,083,000 and an estimated non-Federal cost (A) IN GENERAL.—The shore protection $39,104,000 and an estimated non-Federal cost of $17,350,000. project for hurricane and storm damage re- of $26,306,000. (16) SAVANNAH HARBOR EXPANSION, GEOR- duction, New Jersey Shore protection, Brig- GIA.— (7) YUBA RIVER BASIN, CALIFORNIA.—The antine Inlet to Great Egg Harbor, Brigantine project for flood damage reduction, Yuba (A) IN GENERAL.—Subject to subparagraph Island, New Jersey, at a total cost of River Basin, California, at a total cost of (B), the Secretary may carry out the project $4,861,000, with an estimated Federal cost of for navigation, Savannah Harbor expansion, $25,850,000, with an estimated Federal cost of $3,160,000 and an estimated non-Federal cost Georgia, substantially in accordance with $16,775,000 and an estimated non-Federal cost of $1,701,000. the plans, and subject to the conditions, rec- of $9,075,000. (B) PERIODIC NOURISHMENT.—Periodic nour- ommended in a final report of the Chief of (8) DELAWARE BAY COASTLINE: DELAWARE ishment is authorized for a 50-year period at Engineers, with such modifications as the AND NEW JERSEY-PORT MAHON, DELAWARE.— an estimated average annual cost of $454,000, Secretary deems appropriate, at a total cost (A) IN GENERAL.—The shore protection with an estimated annual Federal cost of of $223,887,000 (of which amount a portion is project for ecosystem restoration, Delaware $295,000 and an estimated annual non-Federal authorized for implementation of the mitiga- cost of $159,000. Bay Coastline: Delaware and New Jersey- tion plan), with an estimated Federal cost of Port Mahon, Delaware, at a total cost of (22) NEW JERSEY SHORE PROTECTION, TOWN- $141,482,000 and an estimated non-Federal SENDS INLET TO CAPE MAY INLET, NEW JER- $7,563,000, with an estimated Federal cost of cost of $82,405,000, if the final report of the $4,916,000 and an estimated non-Federal cost SEY.— Chief of Engineers is completed by December (A) IN GENERAL.—The shore protection of $2,647,000. 31, 1998. ERIODIC NOURISHMENT project for hurricane and storm damage re- (B) P .—Periodic nour- (B) CONDITIONS.—The project authorized by ishment is authorized for a 50-year period at duction and ecosystem restoration, New Jer- subparagraph (A) may be carried out only sey Shore protection, Townsends Inlet to an estimated average annual cost of $238,000, after— with an estimated annual Federal cost of Cape May Inlet, New Jersey, at a total cost (i) the Secretary, in consultation with af- of $55,204,000, with an estimated Federal cost $155,000 and an estimated annual non-Federal fected Federal, State, regional, and local en- of $35,883,000 and an estimated non-Federal cost of $83,000. tities, has reviewed and approved an Envi- cost of $19,321,000. (9) DELAWARE BAY COASTLINE: DELAWARE ronmental Impact Statement that includes— (B) PERIODIC NOURISHMENT.—Periodic nour- AND NEW JERSEY-ROOSEVELT INLET-LEWES (I) an analysis of the impacts of project ishment is authorized for a 50-year period at BEACH, DELAWARE.— depth alternatives ranging from 42 feet an estimated average annual cost of (A) IN GENERAL.—The shore protection through 48 feet; and $6,319,000, with an estimated annual Federal project for navigation mitigation and hurri- (II) a selected plan for navigation and asso- cost of $4,107,000 and an estimated annual cane and storm damage reduction, Delaware ciated mitigation plan as required by section non-Federal cost of $2,212,000. Bay Coastline: Delaware and New Jersey- 906(a) of the Water Resources Development (23) MEMPHIS HARBOR, MEMPHIS, TEN- Roosevelt Inlet-Lewes Beach, Delaware, at a Act of 1986 (33 U.S.C. 2283); and NESSEE.— total cost of $3,326,000, with an estimated (ii) the Secretary of the Interior, the Sec- Federal cost of $2,569,000 and an estimated retary of Commerce, and the Administrator (A) IN GENERAL.—Subject to subparagraph non-Federal cost of $757,000. of the Environmental Protection Agency, (B), the project for navigation, Memphis Har- (B) PERIODIC NOURISHMENT.—Periodic nour- with the Secretary, have approved the se- bor, Memphis, Tennessee, authorized by sec- ishment is authorized for a 50-year period at lected plan and have determined that the tion 601(a) of the Water Resources Develop- an estimated average annual cost of $207,000, mitigation plan adequately addresses the po- ment Act of 1986 (100 Stat. 4145) and de- with an estimated annual Federal cost of tential environmental impacts of the authorized under section 1001(a) of that Act $159,000 and an estimated annual non-Federal project. (33 U.S.C. 579a(a)) is authorized to be carried cost of $48,000. (C) MITIGATION REQUIREMENTS.—The miti- out by the Secretary. (10) DELAWARE COAST FROM CAPE HENELOPEN gation plan shall be implemented in advance (B) CONDITION.—No construction may be TO FENWICK ISLAND, BETHANY BEACH/SOUTH of or concurrently with construction of the initiated unless the Secretary determines BETHANY BEACH, DELAWARE.— project. through a general reevaluation report using (A) IN GENERAL.—The shore protection (17) GRAND FORKS, NORTH DAKOTA, AND EAST current data, that the project is technically project for hurricane storm damage reduc- GRAND FORKS, MINNESOTA.—The project for sound, environmentally acceptable, and eco- tion, Delaware Coast from Cape Henelopen to flood damage reduction and recreation, nomically justified. Fenwick Island, Bethany Beach/South Beth- Grand Forks, North Dakota, and East Grand (24) METRO CENTER LEVEE, CUMBERLAND any Beach, Delaware, at a total cost of Forks, Minnesota, at a total cost of RIVER, NASHVILLE, TENNESSEE.—The project $22,094,000, with an estimated Federal cost of $307,750,000, with an estimated Federal cost for flood damage reduction and recreation, $14,361,000 and an estimated non-Federal cost of $154,360,000 and an estimated non-Federal Metro Certer Levee, Cumberland River, of $7,733,000. cost of $153,390,000. Nashville, Tennessee, at a total cost of (B) PERIODIC NOURISHMENT.—Periodic nour- (18) BAYOU CASSOTTE EXTENSION, $5,931,000, with an estimated Federal cost of ishment is authorized for a 50-year period at PASCAGOULA HARBOR, PASCAGOULA, MIS- $3,753,000 and an estimated non-Federal cost an estimated average annual cost of SISSIPPI.—The project for navigation, Bayou of $2,178,000. $1,573,000, with an estimated annual Federal Cassotte extension, Pascagoula Harbor, (25) HOWARD HANSON DAM, WASHINGTON.— cost of $1,022,000 and an estimated annual Pascagoula, Mississippi, at a total cost of The project for water supply and ecosystem non-Federal cost of $551,000. $5,700,000, with an estimated Federal cost of restoration, Howard Hanson Dam, Washing- (11) JACKSONVILLE HARBOR, FLORIDA.—The $3,705,000 and an estimated non-Federal cost ton, at a total cost of $74,908,000, with an es- project for navigation, Jacksonville Harbor, of $1,995,000. timated Federal cost of $36,284,000 and an es- Florida, at a total cost of $27,758,000, with an (19) TURKEY CREEK BASIN, KANSAS CITY, MIS- timated non-Federal cost of $38,624,000. estimated Federal cost of $9,632,000 and an SOURI AND KANSAS CITY, KANSAS.—The project SEC. 103. PROJECT MODIFICATIONS. estimated non-Federal cost of $18,126,000. for flood damage reduction, Turkey Creek (a) PROJECTS WITH REPORTS.— (12) LITTLE TALBOT ISLAND, DUVAL COUNTY, Basin, Kansas City, Missouri, and Kansas (1) GLENN-COLUSA, CALIFORNIA.—The FLORIDA.—The shore protection project for City, Kansas, at a total cost of $43,288,000 project for flood control, Sacramento River, hurricane and storm damage prevention, Lit- with an estimated Federal cost of $28,840,000 California, authorized by section 2 of the Act tle Talbot Island, Duval County, Florida, at and an estimated non-Federal cost of entitled ‘‘An Act to provide for the control a total cost of $5,802,000, with an estimated $17,448,000. of the floods of the Mississippi River and of Federal cost of $3,771,000 and an estimated (20) LOWER CAPE MAY MEADOWS, CAPE MAY the Sacramento River, California, and for non-Federal cost of $2,031,000. POINT, NEW JERSEY.— other purposes’’, approved March 1, 1917 (39 (13) PONCE DE LEON INLET, VOLUSIA COUNTY, (A) IN GENERAL.—The shore protection Stat. 949), and modified by section 102 of the FLORIDA.—The project for navigation and project for navigation mitigation, ecosystem Energy and Water Development Appropria- recreation, Ponce de Leon Inlet, Volusia restoration, and hurricane and storm dam- tions Act, 1990 (103 Stat. 649), and further County, Florida, at a total cost of $5,533,000, age reduction, Lower Cape May Meadows, modified by section 301(b)(3) of the Water Re- with an estimated Federal cost of $3,408,000 Cape May Point, New Jersey, at a total cost sources Development Act of 1996 (110 Stat. S12112 CONGRESSIONAL RECORD — SENATE October 9, 1998

3709), is further modified to authorize the (C) TRANSITIONAL STORAGE.—The Secretary ning south 83 degrees 58 minutes 40.8 seconds Secretary to carry out the portion of the of Agriculture may cooperate with non-Fed- west 94.65 feet to a point N177,980.98, project in Glenn-Colusa, California, in ac- eral interests to provide, on a transitional E394,726.55, thence running south 11 degrees cordance with the Corps of Engineers report basis, flood control storage for the Thorn 46 minutes 22.4 seconds west 962.83 feet to a dated May 22, 1998, at a total cost of Creek Reservoir project in the west lobe of point N177,038.40, E394,530.10, thence running $20,700,000, with an estimated Federal cost of the Thornton quarry. south 78 degrees 13 minutes 45.7 seconds east $15,570,000 and an estimated non-Federal cost (D) CREDITING.—The Secretary may credit 90.00 feet to a point N177,020.04, E394,618.21, of $5,130,000. against the non-Federal share of the Thorn- thence running north 11 degrees 46 minutes (2) SAN LORENZO RIVER, CALIFORNIA.—The ton Reservoir project all design and con- 47.7 seconds east 991.76 feet to the point of or- project for flood control, San Lorenzo River, struction costs incurred by the non-Federal igin. California, authorized by section 101(a)(5) of interests before the date of enactment of this (ii) The portion of the 10-foot inner harbor the Water Resources Development Act of Act. settling basin the boundaries of which begin 1996 (110 Stat. 3663), is modified to authorize (E) REEVALUATION REPORT.—The Secretary at a point with coordinates N177,020.04, the Secretary to include as a part of the shall determine the credits authorized by E394,618.21, thence running north 78 degrees project streambank erosion control meas- subparagraph (D) that are integral to the 13 minutes 30.5 seconds west 160.00 feet to a ures to be undertaken substantially in ac- Thornton Reservoir project and the current point N177,052.69, E394,461.58, thence running cordance with the report entitled ‘‘Bank Sta- total project costs based on a limited re- south 11 degrees 46 minutes 45.4 seconds west bilization Concept, Laurel Street Exten- evaluation report. 299.99 feet to a point N176,759.02, E394,400.34, sion’’, dated April 23, 1998, at a total cost of (3) WELLS HARBOR, WELLS, MAINE.— thence running south 78 degrees 13 minutes $4,000,000, with an estimated Federal cost of (A) IN GENERAL.—The project for naviga- 17.9 seconds east 160 feet to a point $2,600,000 and an estimated non-Federal cost tion, Wells Harbor, Maine, authorized by sec- N176,726.36, E394,556.97, thence running north of $1,400,000. tion 101 of the River and Harbor Act of 1960 11 degrees 46 minutes 44.0 seconds east 300.00 (3) WOOD RIVER, GRAND ISLAND, NEBRASKA.— (74 Stat. 480), is modified to authorize the feet to the point of origin. The project for flood control, Wood River, Secretary to realign the channel and anchor- (iii) The portion of the 6-foot anchorage Grand Island, Nebraska, authorized by sec- age areas based on a harbor design capacity the boundaries of which begin at a point tion 101(a)(19) of the Water Resources Devel- of 150 craft. with coordinates N178,102.26, E394,751.83, opment Act of 1996 (110 Stat. 3665) is modified (B) DEAUTHORIZATION OF CERTAIN POR- thence running south 51 degrees 59 minutes to authorize the Secretary to construct the TIONS.—The following portions of the project project in accordance with the Corps of Engi- are not authorized after the date of enact- 42.1 seconds west 526.51 feet to a point neers report dated June 29, 1998, at a total ment of this Act: N177,778.07, E394,336.96, thence running south cost of $16,632,000, with an estimated Federal (i) The portion of the 6-foot channel the 11 degrees 46 minutes 26.6 seconds west 511.83 cost of $9,508,000 and an estimated non-Fed- boundaries of which begin at a point with co- feet to a point N177,277.01, E394,232.52, thence eral cost of $7,124,000. ordinates N177,992.00, E394,831.00, thence run- running south 78 degrees 13 minutes 17.9 sec- (4) ABSECON ISLAND, NEW JERSEY.—The ning south 83 degrees 58 minutes 14.8 seconds onds east 80.00 feet to a point N177,260.68, project for Absecon Island, New Jersey, au- west 10.38 feet to a point N177,990.91, E394,310.84, thence running north 11 degrees thorized by section 101(b)(13) of the Water E394,820.68, thence running south 11 degrees 46 minutes 24.8 seconds east 482.54 feet to a Resources Development Act of 1996 (110 Stat. 46 minutes 47.7 seconds west 991.76 feet to a point N177,733.07, E394,409.30, thence running 3668) is amended to authorize the Secretary point N177,020.04, E394,618.21, thence running north 51 degrees 59 minutes 41.0 seconds east to reimburse the non-Federal interests for south 78 degrees 13 minutes 45.7 seconds east 402.63 feet to a point N177,980.98, E394,726.55, all work performed, consistent with the au- 10.00 feet to a point N177,018.00, E394,628.00, thence running north 11 degrees 46 minutes thorized project. thence running north 11 degrees 46 minutes 27.6 seconds east 123.89 feet to the point of or- (5) WAURIKA LAKE, OKLAHOMA, WATER CON- 22.8 seconds east 994.93 feet to the point of or- igin. VEYANCE FACILITIES.—The requirement for igin. (D) REALIGNMENT.—The 6-foot anchorage the Waurika Project Master Conservancy (ii) The portion of the 6-foot anchorage the area described in subparagraph (C)(iii) shall District to repay the $2,900,000 in costs (in- boundaries of which begin at a point with co- be realigned to include the area located cluding interest) resulting from the October ordinates N177,778.07, E394,336.96, thence run- south of the inner harbor settling basin in 1991 settlement of the claim of the Travelers ning south 51 degrees 58 minutes 32.7 seconds existence on the date of enactment of this Insurance Company before the United States west 15.49 feet to a point N177,768.53, Act beginning at a point with coordinates Claims Court related to construction of the E394,324.76, thence running south 11 degrees N176,726.36, E394,556.97, thence running north water conveyance facilities authorized by 46 minutes 26.5 seconds west 672.87 feet to a 78 degrees 13 minutes 17.9 seconds west 160.00 the first section of Public Law 88–253 (77 point N177,109.82, E394,187.46, thence running feet to a point N176,759.02, E394,400.34, thence Stat. 841) is waived. south 78 degrees 13 minutes 45.7 seconds east running south 11 degrees 47 minutes 03.8 sec- (b) PROJECTS SUBJECT TO REPORTS.—The 10.00 feet to a point N177,107.78, E394,197.25, onds west 45 feet to a point N176,714.97, following projects are modified as follows, thence running north 11 degrees 46 minutes E394,391.15, thence running south 78 degrees except that no funds may be obligated to 25.4 seconds east 684.70 feet to the point of or- 13 minutes 17.9 seconds 160.00 feet to a point carry out work under such modifications igin. N176,682.31, E394,547.78, thence running north until completion of a final report by the (iii) The portion of the 10-foot settling 11 degrees 47 minutes 03.8 seconds east 45 feet Chief of Engineers, as approved by the Sec- basin the boundaries of which begin at a to the point of origin. retary, finding that such work is technically point with coordinates N177,107.78, (E) RELOCATION.—The Secretary may relo- sound, environmentally acceptable, and eco- E394,197.25, thence running north 78 degrees cate the settling basin feature of the project nomically justified, as applicable: 13 minutes 45.7 seconds west 10.00 feet to a to the outer harbor between the jetties. (1) SACRAMENTO METRO AREA, CALIFORNIA.— point N177,109.82, E394,187.46, thence running (4) NEW YORK HARBOR AND ADJACENT CHAN- The project for flood control, Sacramento south 11 degrees 46 minutes 15.7 seconds west NELS, PORT JERSEY, NEW JERSEY.—The project Metro Area, California, authorized by sec- 300.00 feet to a point N176,816.13, E394,126.26, for navigation, New York Harbor and Adja- tion 101(4) of the Water Resources Develop- thence running south 78 degrees 12 minutes cent Channels, Port Jersey, New Jersey, au- ment Act of 1992 (106 Stat. 4801) is modified 21.4 seconds east 9.98 feet to a point thorized by section 202(b) of the Water Re- to authorize the Secretary to construct the N176,814.09, E394,136.03, thence running north sources Development Act of 1986 (100 Stat. project at a total cost of $32,600,000, with an 11 degrees 46 minutes 29.1 seconds east 300.00 4098), is modified to authorize the Secretary estimated Federal cost of $24,500,000 and an feet to the point of origin. to construct the project at a total cost of estimated non-Federal cost of $8,100,000. (iv) The portion of the 10-foot settling $100,689,000, with an estimated Federal cost (2) THORNTON RESERVOIR, COOK COUNTY, IL- basin the boundaries of which begin at a of $74,998,000 and an estimated non-Federal LINOIS.— point with coordinates N177,018.00, cost of $25,701,000. (A) IN GENERAL.—The Thornton Reservoir E394,628.00, thence running north 78 degrees (5) ARTHUR KILL, NEW YORK AND NEW JER- project, an element of the project for flood 13 minutes 45.7 seconds west 10.00 feet to a SEY.— control, Chicagoland Underflow Plan, Illi- point N177,020.04, E394,618.21, thence running (A) IN GENERAL.—The project for naviga- nois, authorized by section 3(a)(5) of the south 11 degrees 46 minutes 44.0 seconds west tion, Arthur Kill, New York and New Jersey, Water Resources Development Act of 1988 300.00 feet to a point N176,726.36, E394,556.97, authorized by section 202(b) of the Water Re- (102 Stat. 4013), is modified to authorize the thence running south 78 degrees 12 minutes sources Development Act of 1986 (100 Stat. Secretary to include additional permanent 30.3 seconds east 10.03 feet to a point 4098) and modified by section 301(b)(11) of the flood control storage attributable to the N176,724.31, E394,566.79, thence running north Water Resources Development Act of 1996 Thorn Creek Reservoir project, Little Cal- 11 degrees 46 minutes 22.4 seconds east 300.00 (110 Stat. 3711), is further modified to author- umet River Watershed, Illinois, approved feet to the point of origin. ize the Secretary to construct the project at under the Watershed Protection and Flood (C) REDESIGNATIONS.—The following por- a total cost of $269,672,000, with an estimated Prevention Act (16 U.S.C. 1001 et seq.). tions of the project shall be redesignated as Federal cost of $178,400,000 and an estimated (B) COST SHARING.—Costs for the Thornton part of the 6-foot anchorage: non-Federal cost of $91,272,000. Reservoir project shall be shared in accord- (i) The portion of the 6-foot channel the (B) BERTHING AREAS AND OTHER LOCAL ance with section 103 of the Water Resources boundaries of which begin at a point with co- SERVICE FACILITIES.—The non-Federal inter- Development Act of 1986 (33 U.S.C. 2213). ordinates N177,990.91, E394,820.68, thence run- ests shall provide berthing areas and other October 9, 1998 CONGRESSIONAL RECORD — SENATE S12113 local service facilities necessary for the such measures, and has made a determina- that prescribes the terms and conditions of project at an estimated cost of $37,936,000. tion that the measures are economically jus- the credit or reimbursement.’’. (c) BEAVER LAKE, ARKANSAS, WATER SUP- tified. (m) LAKE MICHIGAN, ILLINOIS.— PLY STORAGE REALLOCATION.—The Secretary (ii) DEADLINE.—The report shall be com- (1) IN GENERAL.—The project for storm shall reallocate approximately 31,000 addi- pleted not later than 180 days after funding damage reduction and shoreline protection, tional acre-feet at Beaver Lake, Arkansas, to is made available. Lake Michigan, Illinois, from Wilmette, Illi- water supply storage at no cost to the Bea- (D) COORDINATION AND COOPERATION.—The nois, to the Illinois-Indiana State line, au- ver Water District or the Carroll-Boone report and implementation plan— thorized by section 101(a)(12) of the Water Water District, except that at no time shall (i) shall be coordinated with the Federal Resources Development Act of 1996 (110 Stat. the bottom of the conservation pool be at an Emergency Management Agency; and 3664), is modified to provide for reimburse- elevation that is less than 1,076 feet, NGVD. (ii) shall be prepared in consultation with ment for additional project work undertaken (d) TOLCHESTER CHANNEL S-TURN, BALTI- other Federal agencies, State and local offi- by the non-Federal interest. MORE, MARYLAND.—The project for naviga- cials, and residents. (2) CREDIT OR REIMBURSEMENT.—The Sec- tion, Baltimore Harbor and Channels, Mary- (E) CONSIDERATIONS.—The report should retary shall credit or reimburse the non-Fed- land, authorized by section 101 of the River take into account information from prior eral interest for the Federal share of project and Harbor Act of 1958 (72 Stat. 297), is modi- and ongoing studies. costs incurred by the non-Federal interest in fied to direct the Secretary to straighten the (2) AUTHORIZATION OF APPROPRIATIONS.— designing, constructing, or reconstructing Tolchester Channel S-turn as part of project There is authorized to be appropriated to reach 2F (700 feet south of Fullerton Avenue maintenance. carry out this subsection $35,000,000. and 500 feet north of Fullerton Avenue), (e) TROPICANA WASH AND FLAMINGO WASH, (h) TRINITY RIVER AND TRIBUTARIES, reach 3M (Meigs Field), and segments 7 and NEVADA.—Any Federal costs associated with TEXAS.—The project for flood control and 8 of reach 4 (43rd Street to 57th Street), if the the Tropicana and Flamingo Washes, Ne- navigation, Trinity River and tributaries, non-Federal interest carries out the work in vada, authorized by section 101(13) of the Texas, authorized by section 301 of the River accordance with plans approved by the Sec- Water Resources Development Act of 1992 and Harbor Act of 1965 (79 Stat. 1091), is retary, at an estimated total cost of (106 Stat. 4803), incurred by the non-Federal modified to add environmental restoration $83,300,000. interest to accelerate or modify construction as a project purpose. (3) REIMBURSEMENT.—The Secretary shall of the project, in cooperation with the Corps (i) BEACH EROSION CONTROL AND HURRICANE reimburse the non-Federal interest for the of Engineers, shall be considered to be eligi- PROTECTION, VIRGINIA BEACH, VIRGINIA.— Federal share of project costs incurred by ble for reimbursement by the Secretary. (1) ACCEPTANCE OF FUNDS.—In any fiscal the non-Federal interest in reconstructing (f) REDIVERSION PROJECT, COOPER RIVER, year that the Corps of Engineers does not re- the revetment structures protecting Solidar- CHARLESTON HARBOR, SOUTH CAROLINA.— ceive appropriations sufficient to meet ex- ity Drive in Chicago, Illinois, before the (1) IN GENERAL.—The rediversion project, pected project expenditures for that year, signing of the project cooperation agree- Cooper River, Charleston Harbor, South the Secretary shall accept from the city of ment, at an estimated total cost of $7,600,000. Carolina, authorized by section 101 of the Virginia Beach, Virginia, for purposes of the (n) MEASUREMENTS OF LAKE MICHIGAN DI- River and Harbor Act of 1968 (82 Stat. 731) project for beach erosion control and hurri- VERSIONS, ILLINOIS.—Section 1142(b) of the cane protection, Virginia Beach, Virginia, and modified by title I of the Energy and Water Resources Development Act of 1986 authorized by section 501(a) of the Water Re- Water Development Appropriations Act, 1992 (100 Stat. 4253) is amended by striking sources Development Act of 1986 (100 Stat. (105 Stat. 517), is modified to authorize the ‘‘$250,000 per fiscal year for each fiscal year 4136), such funds as the city may advance for Secretary to pay the State of South Carolina beginning after September 30, 1986’’ and in- the project. not more than $3,750,000, if the State enters serting ‘‘a total of $1,250,000 for each of fiscal (2) REPAYMENT.—Subject to the availabil- into an agreement with the Secretary pro- years 1999 through 2003’’. ity of appropriations, the Secretary shall viding that the State shall perform all future (o) PROJECT FOR NAVIGATION, DUBUQUE, repay, without interest, the amount of any operation of the St. Stephen, South Caro- IOWA.—The project for navigation at Du- lina, fish lift (including associated studies to advance made under paragraph (1), from ap- buque, Iowa, authorized by section 101 of the assess the efficacy of the fish lift). propriations that may be provided by Con- River and Harbor Act of 1960 (74 Stat. 482), is (2) CONTENTS.—The agreement shall specify gress for river and harbor, flood control, modified to authorize the development of a the terms and conditions under which pay- shore protection, and related projects. wetland demonstration area of approxi- (j) ELIZABETH RIVER, CHESAPEAKE, VIR- ment will be made and the rights of, and mately 1.5 acres to be developed and oper- GINIA.—Notwithstanding any other provision remedies available to, the Secretary to re- ated by the Dubuque County Historical Soci- cover all or a portion of the payment if the of law, after the date of enactment of this Act, the city of Chesapeake, Virginia, shall ety or a successor nonprofit organization. State suspends or terminates operation of (p) LOUISIANA STATE PENITENTIARY not be obligated to make the annual cash the fish lift or fails to perform the operation LEVEE.—The Secretary may credit against contribution required under paragraph 1(9) of in a manner satisfactory to the Secretary. the non-Federal share work performed in the the Local Cooperation Agreement dated De- (3) MAINTENANCE.—Maintenance of the fish cember 12, 1978, between the Government and project area of the Louisiana State Peniten- lift shall remain a Federal responsibility. the city for the project for navigation, tiary Levee, Mississippi River, Louisiana, (g) FLOOD MITIGATION NEAR PIERRE, SOUTH southern branch of Elizabeth River, Chesa- authorized by section 401(a) of the Water Re- DAKOTA.— peake, Virginia. sources Development Act of 1986 (100 Stat. (1) IN GENERAL.— (k) PAYMENT OPTION, MOOREFIELD, WEST 4117). (A) LAND ACQUISITION.—To provide full VIRGINIA.—The Secretary may permit the (q) JACKSON COUNTY, MISSISSIPPI.—The operational capability to carry out the au- non-Federal interests for the project for project for environmental infrastructure, thorized purposes of the Missouri River Main flood control, Moorefield, West Virginia, to Jackson County, Mississippi, authorized by Stem dams that are part of the Pick-Sloan pay without interest the remaining non-Fed- section 219(c)(5) of the Water Resources De- Missouri River Basin Program authorized by eral cost over a period not to exceed 30 years, velopment Act of 1992 (106 Stat. 4835) and section 9 of the Act entitled ‘‘An Act author- to be determined by the Secretary. modified by section 504 of the Water Re- izing the construction of certain public (l) MIAMI DADE AGRICULTURAL AND RURAL sources Development Act of 1996 (110 Stat. works on rivers and harbors for flood con- LAND RETENTION PLAN AND SOUTH BISCAYNE, 3757), is modified to direct the Secretary to trol, and for other purposes’’ approved De- FLORIDA.—Section 528(b)(3) of the Water Re- provide a credit, not to exceed $5,000,000, cember 22, 1944 (58 Stat. 891), the Secretary sources Development Act of 1996 (110 Stat. against the non-Federal share of the cost of may acquire from willing sellers such land 3768) is amended by adding at the end the fol- the project for the costs incurred by the and property in the vicinity of Pierre, South lowing: Jackson County Board of Supervisors since Dakota, or floodproof or relocate such prop- ‘‘(D) CREDIT AND REIMBURSEMENT OF PAST February 8, 1994, in constructing the project, erty within the project area, as the Sec- AND FUTURE ACTIVITIES.—The Secretary may if the Secretary determines that such costs retary determines is adversely affected by afford credit to or reimburse the non-Federal are for work that the Secretary determines the full wintertime Oahe Powerplant re- sponsors (using funds authorized by subpara- was compatible with and integral to the leases. graph (C)) for the reasonable costs of any project. (B) OWNERSHIP AND USE.—Any land that is work that has been performed or will be per- (r) RICHARD B. RUSSELL DAM AND LAKE, acquired under subparagraph (A) shall be formed in connection with a study or activ- SOUTH CAROLINA.— kept in public ownership and shall be dedi- ity meeting the requirements of subpara- (1) IN GENERAL.—Except as otherwise pro- cated and maintained in perpetuity for a use graph (A) if— vided in this paragraph, the Secretary shall that is compatible with any remaining flood ‘‘(i) the Secretary determines that— convey to the State of South Carolina all threat. ‘‘(I) the work performed by the non-Fed- right, title, and interest of the United States (C) REPORT.— eral sponsors will substantially expedite in the parcels of land described in subpara- (i) IN GENERAL.—The Secretary shall not completion of a critical restoration project; graph (B) that are currently being managed obligate funds to implement this paragraph and by the South Carolina Department of Natu- until the Secretary has completed a report ‘‘(II) the work is necessary for a critical ral Resources for fish and wildlife mitigation addressing the criteria for selecting which restoration project; and purposes for the Richard B. Russell Dam and properties are to be acquired, relocated, or ‘‘(ii) the credit or reimbursement is grant- Lake, South Carolina, project authorized by floodproofed, and a plan for implementing ed pursuant to a project-specific agreement the Flood Control Act of 1966 and modified S12114 CONGRESSIONAL RECORD — SENATE October 9, 1998 by the Water Resources Development Act of including a requirement that the Port of project, N148489.22, E538768.09, thence run- 1986. Clarkston pay all administrative costs asso- ning northwesterly about 610.39 feet along (2) LAND DESCRIPTION.— ciated with the conveyances, including the the westerly limit of the project to the point (A) IN GENERAL.—The parcels of land to be cost of land surveys and appraisals and costs of origin. conveyed are described in Exhibits A, F, and associated with compliance with applicable (B) Beginning at a point on the westerly H of Army Lease No. DACW21–1–93–0910 and environmental laws and regulations. limit of the project, N148118.55, E538689.05, associated supplemental agreements or are (4) USE OF LAND.—The Port of Clarkston thence running southeasterly about 91.92 feet designated in red in Exhibit A of Army Li- shall be required to pay the fair market to a point, N148041.43, E538739.07, thence run- cense No. DACW21–3–85–1904, excluding all value, as determined by the Secretary, of ning southerly about 65.00 feet to a point, designated parcels in the license that are any land conveyed pursuant to subsection (a) N147977.86, E538725.51, thence running south- below elevation 346 feet mean sea level or that is not retained in public ownership or is westerly about 91.92 feet to a point on the that are less than 300 feet measured hori- used for other than public park or recreation westerly limit of the project, N147927.84, zontally from the top of the power pool. purposes, except that the Secretary shall E538648.39, thence running northerly about (B) MANAGEMENT OF EXCLUDED PARCELS.— have a right of reverter to reclaim possession 195.00 feet along the westerly limit of the Management of the excluded parcels shall and title to any such land. project to the point of origin. continue in accordance with the terms of (t) WHITE RIVER, INDIANA.—The project for (c) BOOTHBAY HARBOR, MAINE.—The project Army License No. DACW21–3–85–1904 until flood control, Indianapolis on West Fork of for navigation, Boothbay Harbor, Maine, au- the Secretary and the State enter into an the White River, Indiana, authorized by sec- thorized by the Act of July 25, 1912 (37 Stat. agreement under subparagraph (F). tion 5 of the Act entitled ‘‘An Act authoriz- 201, chapter 253), is not authorized after the (C) SURVEY.—The exact acreage and legal ing the construction of certain public works date of enactment of this Act. description of the land shall be determined on rivers and harbors for flood control, and (d) EAST BOOTHBAY HARBOR, MAINE.—Sec- by a survey satisfactory to the Secretary, other purposes’’, approved June 22, 1936 (49 tion 364 of the Water Resources Development with the cost of the survey borne by the Stat. 1586, chapter 688), as modified by sec- Act of 1996 (110 Stat. 3731) is amended by State. tion 323 of the Water Resources Development striking paragraph (9) and inserting the fol- (3) COSTS OF CONVEYANCE.—The State shall Act of 1996 (110 Stat. 3716), is modified to au- lowing: be responsible for all costs, including real es- thorize the Secretary to undertake the river- ‘‘(9) EAST BOOTHBAY HARBOR, MAINE.—The tate transaction and environmental compli- front alterations described in the Central In- project for navigation, East Boothbay Har- ance costs, associated with the conveyance. dianapolis Waterfront Concept Plan, dated bor, Maine, authorized by the first section of (4) PERPETUAL STATUS.— February 1994, for the Canal Development the Act entitled ‘An Act making appropria- (A) IN GENERAL.—All land conveyed under (Upper Canal feature) and the Beveridge tions for the construction, repair, and pres- this paragraph shall be retained in public Paper feature, at a total cost not to exceed ervation of certain public works on rivers ownership and shall be managed in perpetu- $25,000,000, of which $12,500,000 is the esti- and harbors, and for other purposes’, ap- ity for fish and wildlife mitigation purposes mated Federal cost and $12,500,000 is the esti- proved June 25, 1910 (36 Stat. 657).’’. in accordance with a plan approved by the mated non-Federal cost, except that no such SEC. 105. STUDIES. Secretary. alterations may be undertaken unless the (B) REVERSION.—If any parcel of land is not (a) BALDWIN COUNTY, ALABAMA, WATER- Secretary determines that the alterations managed for fish and wildlife mitigation pur- SHEDS.—The Secretary of the Army shall re- authorized by this subsection, in combina- poses in accordance with such plan, title to view the report of the Chief of Engineers on tion with the alterations undertaken under the parcel shall revert to the United States. the Alabama Coast published as House Docu- section 323 of the Water Resources Develop- (5) ADDITIONAL TERMS AND CONDITIONS.— ment 108, 90th Congress, 1st Session, and ment Act of 1996 (110 Stat. 3716), are eco- The Secretary may require such additional other pertinent reports, with a view to deter- nomically justified. terms and conditions in connection with the mining whether modifications of the rec- (u) FOX POINT HURRICANE BARRIER, PROVI- conveyance as the Secretary considers ap- ommendations contained in the House Docu- DENCE, RHODE ISLAND.—The project for hurri- propriate to protect the interests of the ment are advisable at this time in the inter- cane-flood protection, Fox Point, Provi- United States. est of flood damage reduction, environ- dence, Rhode Island, authorized by section (6) FISH AND WILDLIFE MITIGATION AGREE- mental restoration and protection, water 203 of the Flood Control Act of 1958 (72 Stat. MENT.— quality, and other purposes, with a special 306) is modified to direct the Secretary to (A) IN GENERAL.—The Secretary may pay emphasis on determining the advisability of the State of South Carolina not more than undertake the necessary repairs to the bar- developing a comprehensive coordinated wa- $4,850,000 subject to the Secretary and the rier, as identified in the Condition Survey tershed management plan for the develop- State entering into a binding agreement for and Technical Assessment dated April 1998 ment, conservation, and utilization of water the State to manage for fish and wildlife with Supplement dated August 1998, at a and related land resources in the watersheds mitigation purposes in perpetuity the lands total cost of $3,000,000, with an estimated in Baldwin County, Alabama. conveyed under this paragraph and excluded Federal cost of $1,950,000 and an estimated (b) ESCAMBIA RIVER, ALABAMA AND FLOR- parcels designated in Exhibit A of Army Li- non-Federal cost of $1,050,000. IDA.— cense No. DACW21–3–85–1904. SEC. 104. PROJECT DEAUTHORIZATIONS. (1) IN GENERAL.—The Secretary shall re- (B) FAILURE OF PERFORMANCE.—The agree- (a) BRIDGEPORT HARBOR, CONNECTICUT.— view the report of the Chief of Engineers on ment shall specify the terms and conditions The portion of the project for navigation, the Escambia River, Alabama and Florida, under which payment will be made and the Bridgeport Harbor, Connecticut, authorized published as House Document 350, 71st Con- rights of, and remedies available to, the Fed- by section 101 of the River and Harbor Act of gress, 2d Session, and other pertinent re- eral Government to recover all or a portion 1958 (72 Stat. 297), consisting of a 2.4-acre an- ports, to determine whether modifications of of the payment if the State fails to manage chorage area 9 feet deep and an adjacent 0.60- any of the recommendations contained in any parcel in a manner satisfactory to the acre anchorage area 6 feet deep, located on the House Document are advisable at this Secretary. the west side of Johnsons River, Connecti- time with particular reference to Burnt Corn (s) LAND CONVEYANCE, CLARKSTON, WASH- cut, is not authorized after the date of enact- Creek and Murder Creek in the vicinity of INGTON.— ment of this Act. Brewton, and East Brewton, Alabama, and (1) IN GENERAL.—The Secretary shall con- (b) BASS HARBOR, MAINE.— the need for flood control, floodplain evacu- vey to the Port of Clarkston, Washington, all (1) DEAUTHORIZATION.—The portions of the ation, flood warning and preparedness, envi- right, title, and interest of the United States project for navigation, Bass Harbor, Maine, ronmental restoration and protection, and in and to a portion of the land described in authorized on May 7, 1962, under section 107 bank stabilization in those areas. the Department of the Army lease No. of the River and Harbor Act of 1960 (33 U.S.C. (2) COORDINATION.—The review shall be co- DACW68–1–97–22, consisting of approximately 577) described in paragraph (2) are not au- ordinated with plans of other local and Fed- 31 acres, the exact boundaries of which shall thorized after the date of enactment of this eral agencies. be determined by the Secretary and the Port Act. (c) CADDO LEVEE, RED RIVER BELOW of Clarkston. (2) DESCRIPTION.—The portions of the DENISON DAM, ARIZONA, LOUISIANA, OKLA- (2) The Secretary may convey to the Port project referred to in paragraph (1) are de- HOMA, AND TEXAS.—The Secretary shall con- of Clarkston, Washington, at fair market scribed as follows: duct a study to determine the feasibility of value as determined by the Secretary, such (A) Beginning at a bend in the project, undertaking a project for flood control, additional land located in the vicinity of N149040.00, E538505.00, thence running eas- Caddo Levee, Red River Below Denison Dam, Clarkston, Washington, as the Secretary de- terly about 50.00 feet along the northern Arizona, Louisiana, Oklahoma, and Texas, termines to be excess to the needs of the Co- limit of the project to a point, N149061.55, including incorporating the existing levee, lumbia River Project and appropriate for E538550.11, thence running southerly about along Twelve Mile Bayou from its juncture conveyance. 642.08 feet to a point, N148477.64, E538817.18, with the existing Red River Below Denison (3) TERMS AND CONDITIONS.—The convey- thence running southwesterly about 156.27 Dam Levee approximately 26 miles upstream ances made under subsections (a) and (b) feet to a point on the westerly limit of the to its terminus at high ground in the vicin- shall be subject to such terms and conditions project, N148348.50, E538737.02, thence run- ity of Black Bayou, Louisiana. as the Secretary determines to be necessary ning northerly about 149.00 feet along the (d) FIELDS LANDING CHANNEL, HUMBOLDT to protect the interests of the United States, westerly limit of the project to a bend in the HARBOR, CALIFORNIA.—The Secretary— October 9, 1998 CONGRESSIONAL RECORD — SENATE S12115

(1) shall conduct a study for the project for (n) SAINT JOSEPH RIVER, SOUTH BEND, INDI- troit River shoreline area from the Belle Isle navigation, Fields Landing Channel, Hum- ANA.—The Secretary shall conduct a study to Bridge to the Ambassador Bridge in Detroit, boldt Harbor and Bay, California, to a depth determine the feasibility of undertaking ero- Michigan. of minus 35 feet (MLLW), and for that pur- sion control, bank stabilization, and flood (2) POTENTIAL MODIFICATIONS.—As a part of pose may use any feasibility report prepared control along the Saint Joseph River, Indi- the study, the Secretary shall review poten- by the non-Federal sponsor under section 203 ana, including the South Bend Dam and the tial project modifications to any existing of the Water Resources Development Act of banks of the East Bank and Island Park. Corps projects within the same area. 1986 (33 U.S.C. 2231) for which reimbursement (o) ACADIANA NAVIGATION CHANNEL, LOUISI- (y) ST. CLAIR SHORES FLOOD CONTROL, of the Federal share of the study is author- ANA.—The Secretary shall conduct a study to MICHIGAN.—The Secretary shall conduct a ized subject to the availability of appropria- determine the feasibility of assuming oper- study to determine the feasibility of con- tions; and ations and maintenance for the Acadiana structing a flood control project at St. Clair (2) may carry out the project under section Navigation Channel located in Iberia and Shores, Michigan. 107 of the River and Harbor Act of 1960 (33 Vermillion Parishes, Louisiana. (z) TUNICA LAKE WEIR, MISSISSIPPI.— U.S.C. 577), if the Secretary determines that (p) CAMERON PARISH WEST OF CALCASIEU (1) IN GENERAL.—The Secretary shall con- the project is feasible. RIVER, LOUISIANA.—The Secretary shall con- duct a study to determine the feasibility of (e) STRAWBERRY CREEK, BERKELEY, CALI- duct a study to determine the feasibility of constructing an outlet weir at Tunica Lake, FORNIA.—The Secretary shall conduct a a storm damage reduction and ecosystem Tunica County, Mississippi, and Lee County, study to determine the feasibility of restor- restoration project for Cameron Parish west Arkansas, for the purpose of stabilizing ing Strawberry Creek, Berkeley, California, of Calcasieu River, Louisiana. water levels in the Lake. and the Federal interest in environmental (q) BENEFICIAL USE OF DREDGED MATERIAL, (2) ECONOMIC ANALYSIS.—In carrying out restoration, conservation of fish and wildlife COASTAL LOUISIANA.—The Secretary shall the study, the Secretary shall include as a resources, recreation, and water quality. conduct a study to determine the feasibility part of the economic analysis the benefits (f) WEST SIDE STORM WATER RETENTION FA- of using dredged material from maintenance derived from recreation uses at the Lake and CILITY, CITY OF LANCASTER, CALIFORNIA.—The activities at Federal navigation projects in economic benefits associated with restora- Secretary shall conduct a study to determine coastal Louisiana to benefit coastal areas in tion of fish and wildlife habitat. the feasibility of undertaking measures to the State. (aa) PROTECTIVE FACILITIES FOR THE ST. construct the West Side Storm Water Reten- (r) CONTRABAND BAYOU NAVIGATION CHAN- LOUIS, MISSOURI, RIVERFRONT AREA.— tion Facility in the city of Lancaster, Cali- NEL, LOUISIANA.—The Secretary shall con- (1) STUDY.—The Secretary shall conduct a fornia. duct a study to determine the feasibility of (g) APALACHICOLA RIVER, FLORIDA.—The study to determine the optimal plan to pro- assuming the maintenance at Contraband tect facilities that are located on the Mis- Secretary shall conduct a study for the pur- Bayou, Calcasieu River Ship Canal, Louisi- pose of identifying— sissippi River riverfront within the bound- ana. aries of St. Louis, Missouri. (1) alternatives for the management of ma- (s) GOLDEN MEADOW LOCK, LOUISIANA.—The (2) REQUIREMENTS.—In conducting the terial dredged in connection with operation Secretary shall conduct a study to determine study, the Secretary shall— and maintenance of the Apalachicola River the feasibility of converting the Golden (A) evaluate alternatives to offer safety Navigation Project; and Meadow floodgate into a navigation lock to and security to facilities; and (2) alternatives that reduce the require- be included in the Larose to Golden Meadow (B) use state-of-the-art techniques to best ments for such dredging. Hurricane Protection Project, Louisiana. evaluate the current situation, probable so- (h) BROWARD COUNTY, SAND BYPASSING AT (t) GULF INTRACOASTAL WATERWAY ECO- lutions, and estimated costs. PORT EVERGLADES, FLORIDA.—The Secretary SYSTEM PROTECTION, CHEF MENTEUR TO (3) REPORT.—Not later than April 15, 1999, shall conduct a study to determine the fea- SABINE RIVER, LOUISIANA.— sibility of constructing a sand bypassing the Secretary shall submit to Congress a re- (1) IN GENERAL.—The Secretary shall con- project at the Port Everglades Inlet, Florida. duct a study to determine the feasibility of port on the results of the study. (i) CITY OF DESTIN-NORIEGA POINT BREAK- undertaking ecosystem restoration and pro- (bb) YELLOWSTONE RIVER, MONTANA.— WATER, FLORIDA.—The Secretary shall con- tection measures along the Gulf Intracoastal (1) STUDY.—The Secretary shall conduct a duct a study to determine the feasibility of— Waterway from Chef Menteur to Sabine comprehensive study of the Yellowstone (1) restoring Noriega Point, Florida, to River, Louisiana. River from Gardiner, Montana to the con- serve as a breakwater for Destin Harbor; and fluence of the Missouri River to determine (2) MATTERS TO BE ADDRESSED.—The study (2) including Noriega Point as part of the shall address saltwater intrusion, tidal the hydrologic, biological, and socio- East Pass, Florida, navigation project. scour, erosion, and other water resources re- economic cumulative impacts on the river. (j) GATEWAY TRIANGLE REDEVELOPMENT (2) CONSULTATION AND COORDINATION.—The AREA, FLORIDA.— lated problems in that area. (u) LAKE PONTCHARTRAIN, LOUISIANA, AND Secretary shall conduct the study in con- (1) IN GENERAL.—The Secretary shall con- VICINITY, ST. CHARLES PARISH PUMPS.—The sultation with the United States Fish and duct a study to determine the feasibility of Wildlife Service, the United States Geologi- undertaking measures to reduce the flooding Secretary shall conduct a study to determine the feasibility of modifying the Lake Pont- cal Survey, and the Natural Resources Con- problems in the vicinity of Gateway Triangle servation Service and with the full participa- Redevelopment Area, Florida. chartrain Hurricane Protection Project to include the St. Charles Parish Pumps and tion of the State of Montana and tribal and (2) STUDIES AND REPORTS.—The study shall the modification of the seawall fronting pro- local entities, and provide for public partici- include a review and consideration of studies pation. and reports completed by the non-Federal in- tection along Lake Pontchartrain in Orleans Parish, from New Basin Canal on the west to (3) REPORT.—Not later than 5 years after terests. the date of enactment of this Act, the Sec- (k) HILLSBOROUGH RIVER, WITHLACOOCHEE the Inner Harbor Navigation Canal on the east. retary shall submit a report to Congress on RIVER BASINS, FLORIDA.—The Secretary shall the results of the study. conduct a study to identify appropriate (v) LAKE PONTCHARTRAIN AND VICINITY SEA- (cc) LAS VEGAS VALLEY, NEVADA.— measures that can be undertaken in the WALL RESTORATION, LOUISIANA.—The Sec- (1) IN GENERAL.—The Secretary shall con- Green Swamp, Withlacoochee River, and the retary shall conduct a study to determine duct a comprehensive study of water re- Hillsborough River, the Water Triangle of the feasibility of undertaking structural west central Florida, to address comprehen- modifications of that portion of the seawall sources located in the Las Vegas Valley, Ne- sive watershed planning for water conserva- fronting protection along the south shore of vada. tion, water supply, restoration and protec- Lake Pontchartrain in Orleans Parish, Lou- (2) OBJECTIVES.—The study shall identify tion of environmental resources, and other isiana, extending approximately 5 miles from problems and opportunities related to eco- water resource-related problems in the area. the new basin Canal on the west to the Inner system restoration, water quality, particu- (l) CITY OF PLANT CITY, FLORIDA.— Harbor Navigation Canal on the east as a larly the quality of surface runoff, water (1) IN GENERAL.—The Secretary shall con- part of the Lake Pontchartrain and Vicinity supply, and flood control. duct a study to determine the feasibility of Hurricane Protection Project, authorized by (dd) CAMDEN AND GLOUCESTER COUNTIES, a flood control project in the city of Plant section 204 of the Flood Control Act of 1965 NEW JERSEY, STREAMS AND WATERSHEDS.— City, Florida. (79 Stat. 1077). The Secretary shall conduct a study to de- (2) STUDIES AND REPORTS.—In conducting (w) LOUISIANA STATE PENITENTIARY termine the feasibility of undertaking eco- the study, the Secretary shall review and LEVEE.—The Secretary shall conduct a study system restoration, floodplain management, consider studies and reports completed by of the impacts of crediting the non-Federal flood control, water quality control, com- the non-Federal interests. interests for work performed in the project prehensive watershed management, and (m) ST. LUCIE COUNTY, FLORIDA, SHORE area of the Louisiana State Penitentiary other allied purposes along tributaries of the PROTECTION.—The Secretary shall conduct a Levee. Delaware River, Camden County and study to determine the feasibility of a shore (x) DETROIT RIVER, MICHIGAN, GREENWAY Gloucester County, New Jersey. protection and hurricane and storm damage CORRIDOR STUDY.— (ee) OSWEGO RIVER BASIN, NEW YORK.—The reduction project to the shoreline areas in (1) IN GENERAL.—The Secretary shall con- Secretary shall conduct a study to determine St. Lucie County from the current project duct a study to determine the feasibility of the feasibility of establishing a flood fore- for Fort Pierce Beach, Florida, southward to a project for shoreline protection, frontal casting system within the Oswego River the Martin County line. erosion, and associated purposes in the De- basin, New York. S12116 CONGRESSIONAL RECORD — SENATE October 9, 1998

(ff) PORT OF NEW YORK-NEW JERSEY NAVI- (hh) SANTEE DELTA WETLAND HABITAT, study to determine the feasibility of Federal GATION STUDY AND ENVIRONMENTAL RESTORA- SOUTH CAROLINA.—Not later than 18 months maintenance of areas adjacent to piers at TION STUDY.— after the date of enactment of this Act, the harbors in Guam, including Apra Harbor, (1) NAVIGATION STUDY.—The Secretary Secretary shall complete a comprehensive Agat Harbor, and Agana Marina. shall conduct a comprehensive study of navi- study of the ecosystem in the Santee Delta (rr) ALTERNATIVE WATER SOURCES STUDY.— gation needs at the Port of New York-New focus area of South Carolina to determine (1) IN GENERAL.—The Administrator of the Jersey (including the South Brooklyn Ma- the feasibility of undertaking measures to Environmental Protection Agency shall con- rine and Red Hook Container Terminals, enhance the wetland habitat in the area. duct a study of the water supply needs of Staten Island, and adjacent areas) to address (ii) WACCAMAW RIVER, SOUTH CAROLINA.— States that are not currently eligible for as- improvements, including deepening of exist- The Secretary shall conduct a study to de- sistance under title XVI of the Reclamation ing channels to depths of 50 feet or greater, termine the feasibility of a flood control Projects Authorization and Adjustment Act that are required to provide economically ef- project for the Waccamaw River in Horry of 1992 (43 U.S.C. 390h et seq.). ficient and environmentally sound naviga- County, South Carolina. (2) REQUIREMENTS.—The study shall— tion to meet current and future require- (jj) UPPER SUSQUEHANNA-LACKAWANNA, (A) identify the water supply needs (includ- ments. PENNSYLVANIA, WATERSHED MANAGEMENT ing potable, commercial, industrial, rec- (2) ENVIRONMENTAL RESTORATION STUDY.— AND RESTORATION STUDY.— reational and agricultural needs) of each The Secretary, acting through the Chief of (1) IN GENERAL.—The Secretary shall con- State described in paragraph (1) through Engineers, shall review the report of the duct a study to determine the feasibility of 2020, making use of such State, regional, and Chief of Engineers on the New York Harbor, a comprehensive flood plain management local plans, studies, and reports as are avail- printed in the House Management Plan of and watershed restoration project for the able; the Harbor Estuary Program, and other per- Upper Susquehanna-Lackawanna Watershed, (B) evaluate the feasibility of various al- tinent reports concerning the New York Har- Pennsylvania. ternative water source technologies such as bor Region and the Port of New York-New (2) GEOGRAPHIC INFORMATION SYSTEM.—In reuse and reclamation of wastewater and Jersey, to determine the Federal interest in conducting the study, the Secretary shall stormwater (including indirect potable advancing harbor environmental restoration. use a geographic information system. reuse), aquifer storage and recovery, and de- (3) REPORT.—The Secretary may use funds (3) PLANS.—The study shall formulate salination to meet the anticipated water from the ongoing navigation study for New plans for comprehensive flood plain manage- supply needs of the States; and York and New Jersey Harbor to complete a ment and environmental restoration. (C) assess how alternative water sources reconnaissance report for environmental res- (4) CREDITING.—Non-Federal interests may technologies can be utilized to meet the toration by December 31, 1999. The naviga- receive credit for in-kind services and mate- identified needs. tion study to deepen New York and New Jer- rials that contribute to the study. The Sec- (3) REPORT.—The Administrator shall re- sey Harbor shall consider beneficial use of retary may credit non-Corps Federal assist- port to Congress on the results of the study dredged material. ance provided to the non-Federal interest to- not more than 180 days after the date of en- (gg) BANK STABILIZATION, MISSOURI RIVER, ward the non-Federal share of study costs to actment of this Act. NORTH DAKOTA.— the maximum extent authorized by law. SEC. 106. FLOOD HAZARD MITIGATION AND (1) STUDY.— (kk) NIOBRARA RIVER AND MISSOURI RIVER RIVERINE ECOSYSTEM RESTORA- (A) IN GENERAL.—The Secretary shall con- SEDIMENTATION STUDY, SOUTH DAKOTA.—The TION PROGRAM. duct a study to determine the feasibility of Secretary shall conduct a study of the (a) IN GENERAL.— bank stabilization on the Missouri River be- Niobrara River watershed and the operations (1) AUTHORIZATION.—The Secretary may tween the Garrison Dam and Lake Oahe in of Fort Randall Dam and Gavins Point Dam carry out a program to reduce flood hazards North Dakota. on the Missouri River to determine the fea- and restore the natural functions and values (B) ELEMENTS.—In conducting the study, sibility of alleviating the bank erosion, sedi- of riverine ecosystems throughout the the Secretary shall study— mentation, and related problems in the lower United States. (i) options for stabilizing the erosion sites Niobrara River and the Missouri River below (2) STUDIES.—In carrying out the program, on the banks of the Missouri River between Fort Randall Dam. the Secretary shall conduct studies to iden- the Garrison Dam and Lake Oahe identified (ll) SANTA CLARA RIVER, UTAH.— tify appropriate flood damage reduction, in the report developed by the North Dakota (1) IN GENERAL.—The Secretary shall con- conservation, and restoration measures and State Water Commission, dated December duct a study to determine the feasibility of may design and implement watershed man- 1997, including stabilization through non- undertaking measures to alleviate damage agement and restoration projects. caused by flooding, bank erosion, and sedi- traditional measures; (3) PARTICIPATION.—The studies and (ii) the cumulative impact of bank sta- mentation along the watershed of the Santa projects carried out under the program shall bilization measures between the Garrison Clara River, Utah, above the Gunlock Res- be conducted, to the extent practicable, with Dam and Lake Oahe on fish and wildlife ervoir. the full participation of the appropriate Fed- habitat and the potential impact of addi- (2) CONTENTS.—The study shall include an eral agencies, including the Department of tional stabilization measures, including the analysis of watershed conditions and water Agriculture, the Federal Emergency Man- impact of nontraditional stabilization meas- quality, as related to flooding and bank ero- agement Agency, the Department of the In- ures; sion, along the Santa Clara River in the vi- terior, the Environmental Protection Agen- (iii) the current and future effects, includ- cinity of the town of Gunlock, Utah. cy, and the Department of Commerce. (mm) CITY OF OCEAN SHORES SHORE PRO- ing economic and fish and wildlife habitat ef- (4) NONSTRUCTURAL APPROACHES.—The TECTION PROJECT, WASHINGTON.—The Sec- fects, that bank erosion is having on creat- studies and projects shall, to the extent retary shall conduct a study to determine ing the delta at the beginning of Lake Oahe; practicable, emphasize nonstructural ap- the feasibility of undertaking a project for and proaches to preventing or reducing flood beach erosion and flood control, including (iv) the impact of taking no additional damages. relocation of a primary dune and periodic measures to stabilize the banks of the Mis- (b) COST-SHARING REQUIREMENTS.— nourishment, at Ocean Shores, Washington. souri River between the Garrison Dam and (1) STUDIES.—The cost of studies conducted (nn) AGAT SMALL BOAT HARBOR, GUAM.— Lake Oahe. The Secretary shall conduct a study to de- under subsection (a) shall be shared in ac- (C) INTERESTED PARTIES.—In conducting termine the feasibility of undertaking the cordance with section 105 of the Water Re- the study, the Secretary shall, to the maxi- repair and reconstruction of Agat Small sources Development Act of 1986 (33 Stat. mum extent practicable, seek the participa- Boat Harbor, Guam, including the repair of 2215). tion and views of interested Federal, State, existing shore protection measures and con- (2) PROJECTS.—The non-Federal interests and local agencies, landowners, conservation struction or a revetment of the breakwater shall pay 35 percent of the cost of any organizations, and other persons. seawall. project carried out under this section. EPORT (D) R .— (oo) APRA HARBOR SEAWALL, GUAM.—The (3) IN-KIND CONTRIBUTIONS.—The non-Fed- (i) IN GENERAL.—The Secretary shall report Secretary shall conduct a study to determine eral interests shall provide all land, ease- to Congress on the results of the study not the feasibility of undertaking measures to ments, rights-of-way, dredged material dis- later than 1 year after the date of enactment repair, upgrade, and extend the seawall pro- posal areas, and relocations necessary for of this Act. tecting Apra Harbor, Guam, and to ensure the projects. The value of the land, ease- (ii) STATUS.—If the Secretary cannot com- continued access to the harbor via Route ments, rights-of-way, dredged material dis- plete the study and report to Congress by the 11B. posal areas, and relocations shall be credited day that is 1 year after the date of enact- (pp) APRA HARBOR FUEL PIERS, GUAM.—The toward the payment required under this sub- ment of this Act, the Secretary shall, by Secretary shall conduct a study to determine section. that day, report to Congress on the status of the feasibility of undertaking measures to (4) RESPONSIBILITIES OF THE NON-FEDERAL the study and report, including an estimate upgrade the piers and fuel transmission lines INTERESTS.—The non-Federal interests shall of the date of completion. at the fuel piers in the Apra Harbor, Guam, be responsible for all costs associated with (2) EFFECT ON EXISTING PROJECTS.—This and measures to provide for erosion control operating, maintaining, replacing, repairing, subsection does not preclude the Secretary and protection against storm damage. and rehabilitating all projects carried out from establishing or carrying out a stabiliza- (qq) MAINTENANCE DREDGING OF HARBOR under this section. tion project that is authorized by law. PIERS, GUAM.—The Secretary shall conduct a (c) PROJECT JUSTIFICATION.— October 9, 1998 CONGRESSIONAL RECORD — SENATE S12117

(1) IN GENERAL.—The Secretary may imple- (2) in the third sentence, by striking (5) resource preservation; ment a project under this section if the Sec- ‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’. (6) annual operation (including fee collec- retary determines that the project— SEC. 109. USE OF NON-FEDERAL FUNDS FOR COM- tion); (A) will significantly reduce potential PILING AND DISSEMINATING INFOR- (7) maintenance; and flood damages; MATION ON FLOODS AND FLOOD (8) law enforcement related to public use. (B) will improve the quality of the environ- DAMAGES. (c) AVAILABILITY.—Each amount withheld ment; and Section 206(b) of the Flood Control Act of by the Secretary shall be available for ex- (C) is justified considering all costs and 1960 (33 U.S.C. 709a(b)) is amended in the penditure, without further Act of appropria- beneficial outputs of the project. third sentence by inserting before the period tion, at the specific project from which the (2) SELECTION CRITERIA; POLICIES AND PRO- at the end the following: ‘‘, but the Sec- amount, above baseline, is collected. CEDURES.—Not later than 180 days after the retary of the Army may accept funds volun- SEC. 115. WATER RESOURCES DEVELOPMENT date of enactment of this Act, the Secretary tarily contributed by such entities for the STUDIES FOR THE PACIFIC REGION. shall— purpose of expanding the scope of the serv- Section 444 of the Water Resources Devel- (A) develop criteria for selecting and rat- ices requested by the entities’’. opment Act of 1996 (110 Stat. 3747) is amended ing the projects to be carried out as part of SEC. 110. EVERGLADES AND SOUTH FLORIDA by striking ‘‘interest of navigation’’ and in- the program authorized by this section; and ECOSYSTEM RESTORATION. serting ‘‘interests of water resources devel- (B) establish policies and procedures for Subparagraphs (B) and (C)(i) of section opment (including navigation, flood damage carrying out the studies and projects under- 528(b)(3) of the Water Resources Develop- reduction, and environmental restoration)’’. ment Act of 1996 (110 Stat. 3769) are amended taken under this section. SEC. 116. MISSOURI AND MIDDLE MISSISSIPPI (d) REPORTING REQUIREMENT.—The Sec- by striking ‘‘1999’’ and inserting ‘‘2000’’. RIVERS ENHANCEMENT PROJECT. retary may not implement a project under SEC. 111. AQUATIC ECOSYSTEM RESTORATION. (a) DEFINITIONS.—In this section: this section until— Section 206(c) of the Water Resources De- (1) MIDDLE MISSISSIPPI RIVER.—The term (1) the Secretary provides to the Commit- velopment Act of 1996 (33 U.S.C. 2330(c)) is ‘‘middle Mississippi River’’ means the reach tee on Environment and Public Works of the amended— of the Mississippi River from the mouth of Senate and the Committee on Transpor- (1) by striking ‘‘Construction’’ and insert- the Ohio River (river mile 0, upper Mis- tation and Infrastructure of the House of ing the following: sissippi River) to the mouth of the Missouri Representatives a written notification de- ‘‘(1) IN GENERAL.—Construction’’; and River (river mile 195). scribing the project and the determinations (2) by adding at the end the following: (2) MISSOURI RIVER.—The term ‘‘Missouri made under subsection (c); and ‘‘(2) NONPROFIT ENTITIES.—Notwithstanding River’’ means the main stem and floodplain (2) a period of 21 calendar days has expired section 221 of the Flood Control Act of 1970 of the Missouri River (including reservoirs) following the date on which the notification (42 U.S.C. 1962d–5b), for any project carried from its confluence with the Mississippi was received by the Committees. out under this section, a non-Federal inter- River at St. Louis, Missouri, to its head- (e) PRIORITY AREAS.—In carrying out this est may include a nonprofit entity, with the waters near Three Forks, Montana. section, the Secretary shall examine the po- consent of the affected local government.’’. (3) PROJECT.—The term ‘‘project’’ means tential for flood damage reductions at appro- SEC. 112. BENEFICIAL USES OF DREDGED MATE- the project authorized by this section. priate locations, including— RIAL. (b) PROTECTION AND ENHANCEMENT ACTIVI- (1) Le May, Missouri; Section 204 of the Water Resources Devel- TIES.— (2) upper Delaware River basin, New York; opment Act of 1992 (33 U.S.C. 2326) is amend- (1) PLAN.— (3) Tillamook County, Oregon; ed by adding at the end the following: (A) DEVELOPMENT.—Not later than 180 days (4) Providence County, Rhode Island; and ‘‘(g) NONPROFIT ENTITIES.—Notwithstand- after the date of enactment of this Act, the (5) Willamette River basin, Oregon. ing section 221 of the Flood Control Act of Secretary shall develop a plan for a project (f) PER-PROJECT LIMITATION.—Not more 1970 (42 U.S.C. 1962d–5b), for any project car- to protect and enhance fish and wildlife habi- than $25,000,000 in Army Civil Works appro- ried out under this section, a non-Federal in- tat of the Missouri River and the middle Mis- priations may be expended on any single terest may include a nonprofit entity, with sissippi River. project undertaken under this section. the consent of the affected local govern- (B) ACTIVITIES.— (g) AUTHORIZATION OF APPROPRIATIONS.— ment.’’. (i) IN GENERAL.—The plan shall provide for (1) IN GENERAL.—There is authorized to be SEC. 113. VOLUNTARY CONTRIBUTIONS BY such activities as are necessary to protect appropriated to carry out this section STATES AND POLITICAL SUBDIVI- and enhance fish and wildlife habitat with- $75,000,000 for the period of fiscal years 2000 SIONS. out adversely affecting— and 2001. Section 5 of the Act of June 22, 1936 (33 (I) the water-related needs of the region (2) PROGRAM FUNDING LEVELS.—All studies U.S.C. 701h), is amended by inserting ‘‘or en- surrounding the Missouri River and the mid- and projects undertaken under this author- vironmental restoration’’ after ‘‘flood con- dle Mississippi River, including flood con- ity from Army Civil Works appropriations trol’’. trol, navigation, recreation, and enhance- shall be fully funded within the program SEC. 114. RECREATION USER FEES. ment of water supply; and funding levels provided in this subsection. (a) WITHHOLDING OF AMOUNTS.— (II) private property rights. SEC. 107. SHORE PROTECTION. (1) IN GENERAL.—During fiscal years 1999 (ii) REQUIRED ACTIVITIES.—The plan shall Section 103(d) of the Water Resources De- through 2002, the Secretary may withhold include— velopment Act of 1986 (33 U.S.C. 2213(d)) is from the special account established under (I) modification and improvement of navi- amended— section 4(i)(1)(A) of the Land and Water Con- gation training structures to protect and en- (1) by striking ‘‘Costs of constructing’’ and servation Fund Act of 1965 (16 U.S.C. 460l– hance fish and wildlife habitat; inserting the following: 6a(i)(1)(A)) 100 percent of the amount of re- (II) modification and creation of side chan- ‘‘(1) CONSTRUCTION.—Costs of construct- ceipts above a baseline of $34,000,000 per each nels to protect and enhance fish and wildlife ing’’; and fiscal year received from fees imposed at habitat; (2) by adding at the end the following: recreation sites under the administrative ju- (III) restoration and creation of island fish ‘‘(2) PERIODIC NOURISHMENT.—In the case of risdiction of the Department of the Army and wildlife habitat; a project authorized for construction after under section 4(b) of that Act (16 U.S.C. 460l– (IV) creation of riverine fish and wildlife December 31, 1998, or for which a feasibility 6a(b)). habitat; study is completed after that date, the non- (2) USE.—The amounts withheld shall be (V) establishment of criteria for Federal cost of the periodic nourishment of retained by the Secretary and shall be avail- prioritizing the type and sequencing of ac- projects or measures for shore protection or able, without further Act of appropriation, tivities based on cost-effectiveness and like- beach erosion control shall be 50 percent, ex- for expenditure by the Secretary in accord- lihood of success; and cept that— ance with subsection (b). (VI) physical and biological monitoring for ‘‘(A) all costs assigned to benefits to pri- (3) AVAILABILITY.—The amounts withheld evaluating the success of the project, to be vately owned shores (where use of such shall remain available until September 30, performed by the River Studies Center of the shores is limited to private interests) or to 2005. United States Geological Survey in Colum- prevention of losses of private land shall be (b) USE OF AMOUNTS WITHHELD.—In order bia, Missouri. borne by non-Federal interests; and to increase the quality of the visitor experi- (2) IMPLEMENTATION OF ACTIVITIES.— ‘‘(B) all costs assigned to the protection of ence at public recreational areas and to en- (A) IN GENERAL.—Using funds made avail- federally owned shores shall be borne by the hance the protection of resources, the able to carry out this section, the Secretary United States.’’. amounts withheld under subsection (a) may shall carry out the activities described in the SEC. 108. SMALL FLOOD CONTROL AUTHORITY. be used only for— plan. Section 205 of the Flood Control Act of 1948 (1) repair and maintenance projects (in- (B) USE OF EXISTING AUTHORITY FOR (33 U.S.C. 701s) is amended— cluding projects relating to health and safe- UNCONSTRUCTED FEATURES OF THE PROJECT.— (1) in the first sentence, by striking ‘‘con- ty); Using funds made available to the Secretary struction of small projects’’ and inserting (2) interpretation; under other law, the Secretary shall design ‘‘implementation of small structural and (3) signage; and construct any feature of the project that nonstructural projects’’; and (4) habitat or facility enhancement; may be carried out using the authority of S12118 CONGRESSIONAL RECORD — SENATE October 9, 1998 the Secretary to modify an authorized (3) by inserting after subsection (a) the fol- ment with the capacity to dredge approxi- project, if the Secretary determines that the lowing: mately 100 cubic yards per hour for use by design and construction will— ‘‘(b) ELEMENTS INCLUDED IN COST-BENEFIT the State in dredging salt ponds in the State. (i) accelerate the completion of activities ANALYSIS.—The Secretary shall include pri- SEC. 125. UPPER SUSQUEHANNA RIVER BASIN, to protect and enhance fish and wildlife habi- mary flood damages avoided in the benefit PENNSYLVANIA AND NEW YORK. tat of the Missouri River or the middle Mis- base for justifying Federal nonstructural Section 567(a) of the Water Resources De- sissippi River; and flood damage reduction projects.’’; and velopment Act of 1996 (110 Stat. 3787) is (ii) be compatible with the project pur- (4) in the first sentence of subsection (e) amended by adding at the end the following: poses described in this section. (as redesignated by paragraph (2)), by strik- ‘‘(3) The Chemung River watershed, New (c) INTEGRATION OF OTHER ACTIVITIES.— ing ‘‘(b)’’ and inserting ‘‘(d)’’. York, at an estimated Federal cost of (1) IN GENERAL.—In carrying out the activi- SEC. 120. CONTROL OF AQUATIC PLANT GROWTH. $5,000,000.’’. ties described in subsection (b), the Sec- Section 104(a) of the River and Harbor Act SEC. 126. SMALL FLOOD CONTROL PROJECTS. retary shall integrate the activities with of 1958 (33 U.S.C. 610(a)) is amended— Section 102 of the Water Resources Devel- other Federal, State, and tribal activities. (1) by inserting ‘‘Arundo dona,’’ after opment Act of 1996 (110 Stat. 3668) is amend- (2) NEW AUTHORITY.—Nothing in this sec- ‘‘water-hyacinth,’’; and ed— tion confers any new regulatory authority (2) by inserting ‘‘tarmarix’’ after (1) by redesignating paragraphs (15) on any Federal or non-Federal entity that ‘‘melaleuca’’. through (22) as paragraphs (16) through (23), carries out any activity authorized by this SEC. 121. ENVIRONMENTAL INFRASTRUCTURE. respectively; section. Section 219(c) of the Water Resources De- (2) by inserting after paragraph (14) the fol- (d) PUBLIC PARTICIPATION.—In developing velopment Act of 1992 (106 Stat. 4835) is lowing: and carrying out the plan and the activities amended by adding at the end the following: ‘‘(15) REPAUPO CREEK AND DELAWARE RIVER, described in subsection (b), the Secretary ‘‘(19) LAKE TAHOE, CALIFORNIA AND NE- GLOUCESTER COUNTY, NEW JERSEY.—Project shall provide for public review and comment VADA.—Regional water system for Lake for tidegate and levee improvements for in accordance with applicable Federal law, Tahoe, California and Nevada. Repaupo Creek and the Delaware River, including— ‘‘(20) LANCASTER, CALIFORNIA.—Fox Field Gloucester County, New Jersey.’’; and (1) providing advance notice of meetings; Industrial Corridor water facilities, Lan- (3) by adding at the end the following: (2) providing adequate opportunity for pub- caster, California. ‘‘(24) IRONDEQUOIT CREEK, NEW YORK.— lic input and comment; ‘‘(21) SAN RAMON, CALIFORNIA.—San Ramon Project for flood control, Irondequoit Creek (3) maintaining appropriate records; and Valley recycled water project, San Ramon, watershed, New York. (4) compiling a record of the proceedings of California.’’. ‘‘(25) TIOGA COUNTY, PENNSYLVANIA.— meetings. SEC. 122. WATERSHED MANAGEMENT, RESTORA- Project for flood control, Tioga River and (e) COMPLIANCE WITH APPLICABLE LAW.—In TION, AND DEVELOPMENT. Cowanesque River and their tributaries, carrying out the activities described in sub- Section 503 of the Water Resources Devel- sections (b) and (c), the Secretary shall com- Tioga County, Pennsylvania.’’. opment Act of 1996 (110 Stat. 3756) is amend- SEC. 127. SMALL NAVIGATION PROJECTS. ply with any applicable Federal law, includ- ed— ing the National Environmental Policy Act Section 104 of the Water Resources Devel- (1) in subsection (d)— opment Act of 1996 (110 Stat. 3669) is amend- of 1969 (42 U.S.C. 4321 et seq.). (A) by striking paragraph (10) and insert- (f) COST SHARING.— ed— ing the following: (1) NON-FEDERAL SHARE.—The non-Federal (1) by redesignating paragraphs (9) through ‘‘(10) Regional Atlanta Watershed, Atlanta, share of the cost of the project shall be 35 (12) as paragraphs (10) through (13), respec- Georgia, and Lake Lanier of Forsyth and percent. tively; and Hall Counties, Georgia.’’; and (2) FEDERAL SHARE.—The Federal share of (2) by inserting after paragraph (8) the fol- (B) by adding at the end the following: the cost of any 1 activity described in sub- lowing: ‘‘(14) Clear Lake watershed, California. section (b) shall not exceed $5,000,000. ‘‘(9) FORTESCUE INLET, DELAWARE BAY, NEW ‘‘(15) Fresno Slough watershed, California. (3) OPERATION AND MAINTENANCE.—The op- JERSEY.—Project for navigation for ‘‘(16) Hayward Marsh, Southern San Fran- eration and maintenance of the project shall Fortescue Inlet, Delaware Bay, New Jer- cisco Bay watershed, California. be a non-Federal responsibility. sey.’’. ‘‘(17) Kaweah River watershed, California. (g) AUTHORIZATION OF APPROPRIATIONS.— SEC. 128. STREAMBANK PROTECTION PROJECTS. ‘‘(18) Lake Tahoe watershed, California and There is authorized to be appropriated to pay (a) ARCTIC OCEAN, BARROW, ALASKA.—The the Federal share of the cost of carrying out Nevada. Secretary shall evaluate and, if justified activities under this section $30,000,000 for ‘‘(19) Malibu Creek watershed, California. under section 14 of the Flood Control Act of the period of fiscal years 2000 and 2001. ‘‘(20) Truckee River basin, Nevada. 1946 (33 U.S.C. 701r), carry out storm damage ‘‘(21) Walker River basin, Nevada. SEC. 117. OUTER CONTINENTAL SHELF. reduction and coastal erosion measures at ‘‘(22) Bronx River watershed, New York. (a) SAND, GRAVEL, AND SHELL.—Section the town of Barrow, Alaska. 8(k)(2)(B) of the Outer Continental Shelf ‘‘(23) Catawba River watershed, North (b) SAGINAW RIVER, BAY CITY, MICHIGAN.— Lands Act (43 U.S.C. 1337(k)(2)(B)) is amend- Carolina.’’; The Secretary may construct appropriate ed in the second sentence by inserting before (2) by redesignating subsection (e) as sub- control structures in areas along the Sagi- the period at the end the following: ‘‘or any section (f); and naw River in the city of Bay City, Michigan, other non-Federal interest subject to an (3) by inserting after subsection (d) the fol- under authority of section 14 of the Flood agreement entered into under section 221 of lowing: Control Act of 1946 (33 Stat. 701s). the Flood Control Act of 1970 (42 U.S.C. ‘‘(e) NONPROFIT ENTITIES.—Notwithstand- (c) YELLOWSTONE RIVER, BILLINGS, MON- 1962d–5b)’’. ing section 221(b) of the Flood Control Act of TANA.—The streambank protection project at (b) REIMBURSEMENT FOR LOCAL INTERESTS 1970 (42 U.S.C. 1962d–5b(b)), for any project Coulson Park, along the Yellowstone River, AT SANDBRIDGE BEACH, VIRGINIA BEACH, VIR- undertaken under this section, with the con- Billings, Montana, shall be eligible for as- GINIA.—Any amounts paid by the non-Fed- sent of the affected local government, a non- sistance under section 14 of the Flood Con- eral interests for beach erosion control and Federal interest may include a nonprofit en- trol Act of 1946 (33 U.S.C. 701r). hurricane protection, Sandbridge Beach, Vir- tity.’’. (d) MONONGAHELA RIVER, POINT MARION, ginia Beach, Virginia, as a result of an as- SEC. 123. LAKES PROGRAM. PENNSYLVANIA.—The Secretary shall evalu- sessment under section 8(k) of the Outer Section 602(a) of the Water Resources De- ate and, if justified under section 14 of the Continental Shelf Lands Act (43 U.S.C. velopment Act of 1986 (100 Stat. 4148) is Flood Control Act of 1946 (33 U.S.C. 701r), 1337(k)) shall be fully reimbursed. amended— carry out streambank erosion control meas- SEC. 118. ENVIRONMENTAL DREDGING. (1) in paragraph (15), by striking ‘‘and’’ at ures along the Monongahela River at the Section 312(f) of the Water Resources De- the end; borough of Point Marion, Pennsylvania. velopment Act of 1990 (33 U.S.C. 1272(f)) is (2) in paragraph (16), by striking the period SEC. 129. AQUATIC ECOSYSTEM RESTORATION, amended by adding at the end the following: at the end; and SPRINGFIELD, OREGON. ‘‘(6) Snake Creek, Bixby, Oklahoma.’’. (3) by adding at the end the following: (a) IN GENERAL.—Under section 1135 of the SEC. 119. BENEFIT OF PRIMARY FLOOD DAMAGES ‘‘(17) Clear Lake, Lake County, California, Water Resources Development Act of 1990 (33 AVOIDED INCLUDED IN BENEFIT- removal of silt and aquatic growth and de- Stat. 2309a) or other applicable authority, COST ANALYSIS. velopment of a sustainable weed and algae the Secretary shall conduct measures to ad- Section 308 of the Water Resources Devel- management program; dress water quality, water flows and fish opment Act of 1990 (33 U.S.C. 2318) is amend- ‘‘(18) Flints Pond, Hollis, New Hampshire, habitat restoration in the historic Spring- ed— removal of excessive aquatic vegetation; and field, Oregon, millrace through the reconfig- (1) in the heading of subsection (a), by ‘‘(19) Osgood Pond, Milford, New Hamp- uration of the existing millpond, if the Sec- striking ‘‘BENEFIT-COST ANALYSIS’’ and in- shire, removal of excessive aquatic vegeta- retary determines that harmful impacts serting ‘‘ELEMENTS EXCLUDED FROM COST- tion.’’. have occurred as the result of a previously BENEFIT ANALYSIS’’; SEC. 124. DREDGING OF SALT PONDS IN THE constructed flood control project by the (2) by redesignating subsections (b) STATE OF RHODE ISLAND. Corps of Engineers. through (e) as subsections (c) through (f), re- The Secretary may acquire for the State of (b) NON-FEDERAL SHARE.—The non-Federal spectively; Rhode Island a dredge and associated equip- share, excluding lands, easements, rights-of- October 9, 1998 CONGRESSIONAL RECORD — SENATE S12119 way, dredged material disposal areas, and re- expeditious completion by providing suffi- tive position of the United States in the locations, shall be 25 percent. cient quantities of contaminated dredged international marketplace. (c) AUTHORIZATION OF APPROPRIATIONS.— material to conduct the full-scale dem- (b) PRECONSTRUCTION ENGINEERING AND DE- There is authorized to be appropriated to onstrations to stated capacity.’’; and SIGN.—In accordance with the Upper Mis- carry out this section $1,500,000. (2) in subsection (c), by striking the first sissippi River-Illinois Waterway System SEC. 130. GUILFORD AND NEW HAVEN, CON- sentence and inserting the following: ‘‘There Navigation Study, the Secretary shall pro- NECTICUT. is authorized to be appropriated to carry out ceed immediately to prepare engineering de- The Secretary shall expeditiously com- this section a total of $22,000,000 to complete sign, plans, and specifications for extension plete the activities authorized under section technology testing, technology commer- of locks 20, 21, 22, 24, 25 on the Mississippi 346 of the Water Resources Development Act cialization, and the development of full scale River and the LaGrange and Peoria Locks on of 1992 (106 Stat. 4858), including activities processing facilities within the New York/ the Illinois River, to provide lock chambers associated with Sluice Creek in Guilford, New Jersey Harbor.’’. 110 feet in width and 1,200 feet in length, so Connecticut, and Lighthouse Point Park in SEC. 135. CITY OF MIAMI BEACH, FLORIDA. that construction can proceed immediately New Haven, Connecticut. Section 5(b)(3)(C)(i) of the Act of August 13, upon completion of studies and authoriza- SEC. 131. FRANCIS BLAND FLOODWAY DITCH. 1946 (33 U.S.C. 426h), is amended by inserting tion of projects by Congress. (a) REDESIGNATION.—The project for flood before the semicolon the following: ‘‘, includ- SEC. 139. DISPOSAL OF DREDGED MATERIAL ON control, Eight Mile Creek, Paragould, Ar- ing the city of Miami Beach, Florida’’. BEACHES. kansas, authorized by section 401(a) of the SEC. 136. SMALL STORM DAMAGE REDUCTION Section 145 of the Water Resources Devel- Water Resources Development Act of 1986 PROJECTS. opment Act of 1976 (33 U.S.C. 426j) is amend- (100 Stat. 4112) and known as ‘‘Eight Mile Section 3 of the Act of August 13, 1946 (33 ed in the first sentence by striking ‘‘50’’ and Creek, Paragould, Arkansas’’, shall be U.S.C. 426g), is amended by striking inserting ‘‘35’’. known and designated as the ‘‘Francis Bland ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’. SEC. 140. FISH AND WILDLIFE MITIGATION. Floodway Ditch’’. SEC. 137. SARDIS RESERVOIR, OKLAHOMA. Section 906(e) of the Water Resources De- (b) LEGAL REFERENCES.—Any reference in (a) IN GENERAL.—The Secretary shall ac- velopment Act of 1986 (33 U.S.C. 2283(e)) is any law, map, regulation, document, paper, cept from the State of Oklahoma or an agent amended by inserting after the second sen- or other record of the United States to the of the State an amount, as determined under tence the following: ‘‘Not more than 80 per- project and creek referred to in subsection subsection (b), as prepayment of 100 percent cent of the non-Federal share of such first (a) shall be deemed to be a reference to the of the water supply cost obligation of the costs may be in kind, including a facility, Francis Bland Floodway Ditch. State under Contract No. DACW56–74–JC–0314 supply, or service that is necessary to carry SEC. 132. CALOOSAHATCHEE RIVER BASIN, FLOR- for water supply storage at Sardis Reservoir, out the enhancement project.’’. IDA. Oklahoma. Section 528(e)(4) of the Water Resources (b) DETERMINATION OF AMOUNT.—The SEC. 141. UPPER MISSISSIPPI RIVER MANAGE- Development Act of 1996 (110 Stat. 3770) is amount to be paid by the State of Oklahoma MENT. amended in the first sentence by inserting under subsection (a) shall be subject to ad- Section 1103 of the Water Resources Devel- before the period at the end the following: ‘‘, justment in accordance with accepted dis- opment Act of 1986 (33 U.S.C. 652) is amend- including potential land acquisition in the count purchase methods for Government ed— Caloosahatchee River basin or other areas’’. properties as determined by an independent (1) in subsection (e)— SEC. 133. CUMBERLAND, MARYLAND, FLOOD accounting firm designated by the Director (A) by striking ‘‘(e)’’ and all that follows PROJECT MITIGATION. of the Office of Management and Budget. through the end of paragraph (2) and insert- (a) IN GENERAL.—The project for flood con- (c) EFFECT.—Nothing in this section shall ing the following: trol and other purposes, Cumberland, Mary- otherwise affect any of the rights or obliga- ‘‘(e) UNDERTAKINGS.— land, authorized by section 5 of the Act of tions of the parties to the contract referred ‘‘(1) IN GENERAL.— June 22, 1936 (commonly known as the to in subsection (a). ‘‘(A) AUTHORITY.—The Secretary, in con- ‘‘Flood Control Act of 1936’’) (49 Stat. 1574, SEC. 138. UPPER MISSISSIPPI RIVER AND ILLI- sultation with the Secretary of the Interior chapter 688), is modified to authorize the NOIS WATERWAY SYSTEM NAVIGA- and the States of Illinois, Iowa, Minnesota, Secretary to undertake, as a separate part of TION MODERNIZATION. Missouri, and Wisconsin, is authorized to un- the project, restoration of the historic (a) FINDINGS.—Congress finds that— dertake— Chesapeake and Ohio Canal substantially in (1) exports are necessary to ensure job cre- ‘‘(i) a program for the planning, construc- accordance with the Chesapeake and Ohio ation and an improved standard of living for tion, and evaluation of measures for fish and Canal National Historic Park, Cumberland, the people of the United States; wildlife habitat rehabilitation and enhance- Maryland, Rewatering Design Analysis, (2) the ability of producers of goods in the ment; and dated February 1998, at a total cost of United States to compete in the inter- ‘‘(ii) implementation of a program of long- $15,000,000, with an estimated Federal cost of national marketplace depends on a modern term resource monitoring, computerized $9,750,000 and an estimated non-Federal cost and efficient transportation network; data inventory and analysis, and applied re- of $5,250,000. (3) a modern and efficient waterway sys- search. (b) IN-KIND SERVICES.—The non-Federal in- tem is a transportation option necessary to ‘‘(B) REQUIREMENTS FOR PROJECTS.—Each terest for the restoration project under sub- provide United States shippers a safe, reli- project carried out under subparagraph (A)(i) section (a)— able, and competitive means to win foreign shall— (1) may provide all or a portion of the non- markets in an increasingly competitive ‘‘(i) to the maximum extent practicable, Federal share of project costs in the form of international marketplace; simulate natural river processes; in-kind services; and (4) the need to modernize is heightened be- ‘‘(ii) include an outreach and education (2) shall receive credit toward the non-Fed- cause the United States is at risk of losing component; and eral share of project costs for design and con- its competitive edge as a result of the prior- ‘‘(iii) on completion of the assessment struction work performed by the non-Federal ity that foreign competitors are placing on under subparagraph (D), address identified interest before execution of a project co- modernizing their own waterway systems; habitat and natural resource needs. operation agreement and for land, ease- (5) growing export demand projected over ‘‘(C) ADVISORY COMMITTEE.—In carrying out ments, and rights-of-way required for the the coming decades will force greater de- subparagraph (A), the Secretary shall create restoration and acquired by the non-Federal mands on the waterway system of the United an independent technical advisory commit- interest before execution of such an agree- States and increase the cost to the economy tee to review projects, monitoring plans, and ment. if the system proves inadequate to satisfy habitat and natural resource needs assess- (c) OPERATION AND MAINTENANCE.—The op- growing export opportunities; ments. eration and maintenance of the restoration (6) the locks and dams on the upper Mis- ‘‘(D) HABITAT AND NATURAL RESOURCE project under subsection (a) shall be the full sissippi River and Illinois River waterway NEEDS ASSESSMENT.— responsibility of the National Park Service. system were built in the 1930s and have some ‘‘(i) AUTHORITY.—The Secretary is author- SEC. 134. SEDIMENTS DECONTAMINATION POL- of the highest average delays to commercial ized to undertake a systemic, river reach, ICY. tows in the country; and pool scale assessment of habitat and nat- Section 405 of the Water Resources Devel- (7) inland barges carry freight at the low- ural resource needs to serve as a blueprint to opment Act of 1992 (33 U.S.C. 2239 note; Pub- est unit cost while offering an alternative to guide habitat rehabilitation and long-term lic Law 102–580) is amended— truck and rail transportation that is envi- resource monitoring. (1) in subsection (a), by adding at the end ronmentally sound, is energy efficient, is ‘‘(ii) DATA.—The habitat and natural re- the following: safe, causes little congestion, produces little source needs assessment shall, to the maxi- ‘‘(4) PRACTICAL END-USE PRODUCTS.—Tech- air or noise pollution, and has minimal so- mum extent practicable, use data in exist- nologies selected for demonstration at the cial impact; and ence at the time of the assessment. pilot scale shall result in practical end-use (8) it should be the policy of the Corps of ‘‘(iii) TIMING.—The Secretary shall com- products. Engineers to pursue aggressively moderniza- plete a habitat and natural resource needs ‘‘(5) ASSISTANCE BY THE SECRETARY.—The tion of the waterway system authorized by assessment not later than 3 years after the Secretary shall assist the project to ensure Congress to promote the relative competi- date of enactment of this subparagraph. S12120 CONGRESSIONAL RECORD — SENATE October 9, 1998

‘‘(2) REPORTS.—On December 31, 2005, in section (a) and all that follows and inserting ‘‘(d) IMPLEMENTATION.—Nothing in this sec- consultation with the Secretary of the Inte- the following: tion affects the authority of the Secretary to rior and the States of Illinois, Iowa, Min- ‘‘(a) SALMON SURVIVAL ACTIVITIES.— implement the results of the research and nesota, Missouri, and Wisconsin, the Sec- ‘‘(1) IN GENERAL.—In conjunction with the development carried out under this section retary shall prepare and submit to Congress Secretary of Commerce and Secretary of the or any other law.’’. a report that— Interior, the Secretary shall accelerate on- SEC. 144. NINE MILE RUN HABITAT RESTORA- ‘‘(A) contains an evaluation of the pro- going research and development activities, TION, PENNSYLVANIA. grams described in paragraph (1); and may carry out or participate in addi- The Secretary may credit against the non- ‘‘(B) describes the accomplishments of tional research and development activities, Federal share such costs as are incurred by each program; for the purpose of developing innovative the non-Federal interests in preparing envi- ‘‘(C) includes results of a habitat and natu- methods and technologies for improving the ronmental and other preconstruction docu- ral resource needs assessment; and survival of salmon, especially salmon in the mentation for the habitat restoration ‘‘(D) identifies any needed adjustments in Columbia/Snake River Basin. project, Nine Mile Run, Pennsylvania, if the the authorization under paragraph (1) or the ‘‘(2) ACCELERATED ACTIVITIES.—Accelerated Secretary determines that the documenta- authorized appropriations under paragraphs research and development activities referred tion is integral to the project. to in paragraph (1) may include research and (3), (4), and (5).’’; SEC. 145. SHORE DAMAGE PREVENTION OR MITI- (B) in paragraph (3)— development related to— GATION. ‘‘(A) impacts from water resources projects (i) by striking ‘‘paragraph (1)(A)’’ and in- Section 111 of the River and Harbor Act of and other impacts on salmon life cycles; serting ‘‘paragraph (1)(A)(i)’’; and 1968 (33 U.S.C. 426(i)) is amended— ‘‘(B) juvenile and adult salmon passage; (ii) by striking ‘‘Secretary not to exceed’’ (1) in the first sentence, by striking ‘‘The ‘‘(C) light and sound guidance systems; and all that follows and inserting ‘‘Secretary Secretary’’ and inserting ‘‘(a) IN GENERAL.— ‘‘(D) surface-oriented collector systems; not to exceed $22,750,000 for each of fiscal The Secretary’’; ‘‘(E) transportation mechanisms; and years 1999 through 2009.’’; (2) in the second sentence, by striking ‘‘(F) dissolved gas monitoring and abate- (C) in paragraph (4)— ‘‘The costs’’ and inserting the following: ment. (i) by striking ‘‘paragraph (1)(B)’’ and in- ‘‘(b) COST SHARING.—The costs’’; ‘‘(3) ADDITIONAL ACTIVITIES.—Additional re- serting ‘‘paragraph (1)(A)(ii)’’; and (3) in the third sentence— (ii) by striking ‘‘$7,680,000’’ and all that fol- search and development activities referred to in paragraph (1) may include research and (A) by striking ‘‘No such’’ and inserting lows and inserting ‘‘$10,420,000 for each of fis- development related to— the following: cal years 1999 through 2009.’’; ‘‘(A) studies of juvenile salmon survival in ‘‘(c) REQUIREMENT FOR SPECIFIC AUTHORIZA- (D) by striking paragraphs (5) and (6) and spawning and rearing areas; TION.—No such’’; and inserting the following: ‘‘(B) estuary and near-ocean juvenile and (B) by striking ‘‘$2,000,000’’ and inserting ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— adult salmon survival; ‘‘$5,000,000’’; and There is authorized to be appropriated to ‘‘(C) impacts on salmon life cycles from (4) by adding at the end the following: carry out paragraph (1)(C) not to exceed sources other than water resources projects; ‘‘(d) COORDINATION.—The Secretary shall— $350,000 for each of fiscal years 1999 through ‘‘(D) cryopreservation of fish gametes and ‘‘(1) coordinate the implementation of the 2009. formation of a germ plasm repository for measures under this section with other Fed- ‘‘(6) TRANSFER OF AMOUNTS.— threatened and endangered populations of eral and non-Federal shore protection ‘‘(A) IN GENERAL.—For each fiscal year be- native fish; and projects in the same geographic area; and ginning after September 30, 1992, the Sec- ‘‘(E) other innovative technologies and ac- ‘‘(2) to the extent practicable, combine retary, in consultation with the Secretary of tions intended to improve fish survival, in- mitigation projects with other shore protec- the Interior and the States of Illinois, Iowa, cluding the survival of resident fish. tion projects in the same area into a com- Minnesota, Missouri, and Wisconsin, may ‘‘(4) COORDINATION.—The Secretary shall prehensive regional project.’’. transfer appropriated amounts between the coordinate any activities carried out under SEC. 146. LARKSPUR FERRY CHANNEL, CALIFOR- programs under clauses (i) and (ii) of para- this subsection with appropriate Federal, NIA. graph (1)(A) and paragraph (1)(C). State, and local agencies, affected Indian The Secretary shall work with the Sec- ‘‘(B) APPORTIONMENT OF COSTS.—In carry- tribes, and the Northwest Power Planning retary of Transportation on a proposed solu- ing out paragraph (1)(D), the Secretary may Council. tion to carry out the project to maintain the apportion the costs equally between the pro- ‘‘(5) REPORT.—Not later than 3 years after Larkspur Ferry Channel, Larkspur, Califor- grams authorized by paragraph (1)(A).’’; and the date of enactment of this section, the nia, authorized by section 601(d) of the Water (E) in paragraph (7)— Secretary shall submit to Congress a report Resources Development Act of 1986 (100 Stat. (i) in subparagraph (A)— on the research and development activities 4148). (I) by inserting ‘‘(i)’’ after ‘‘paragraph carried out under this subsection, including SEC. 147. COMPREHENSIVE FLOOD IMPACT-RE- (1)(A)’’; and any recommendations of the Secretary con- SPONSE MODELING SYSTEM. (II) by inserting before the period at the cerning the research and development activi- (a) IN GENERAL.—The Secretary may study end the following: ‘‘and, in the case of any ties. and implement a Comprehensive Flood Im- project requiring non-Federal cost sharing, ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— pact-Response Modeling System for the the non-Federal share of the cost of the There is authorized to be appropriated Coralville Reservoir and the Iowa River wa- project shall be 35 percent’’; and $10,000,000 to carry out research and develop- tershed, Iowa. (ii) in subparagraph (B), by striking ‘‘para- ment activities under paragraph (3). (b) STUDY.—The study shall include— graphs (1)(B) and (1)(C) of this subsection’’ ‘‘(b) ADVANCED TURBINE DEVELOPMENT.— (1) an evaluation of the combined hydro- and inserting ‘‘paragraph (1)(A)(ii)’’; ‘‘(1) IN GENERAL.—In conjunction with the logic, geomorphic, environmental, economic, (2) in subsection (f)(2)— Secretary of Energy, the Secretary shall ac- social, and recreational impacts of operating (A) in subparagraph (A), by striking ‘‘(A)’’; celerate efforts toward developing and in- strategies within the watershed; and stalling in Corps of Engineers-operated dams (2) creation of an integrated, dynamic flood (B) by striking subparagraph (B); and innovative, efficient, and environmentally impact model; and (3) by adding at the end the following: safe hydropower turbines, including design of (3) the development of a rapid response sys- ‘‘(k) ST. LOUIS AREA URBAN WILDLIFE HABI- fish-friendly turbines, for use on the Colum- tem to be used during flood and emergency TAT.—The Secretary shall investigate and, if bia/Snake River hydrosystem. situations. appropriate, carry out restoration of urban ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— (c) REPORT TO CONGRESS.—Not later than 5 wildlife habitat, with a special emphasis on There is authorized to be appropriated years after the date of enactment of this the establishment of greenways in the St. $35,000,000 to carry out this subsection. Act, the Secretary shall transmit a report to Louis, Missouri, area and surrounding com- ‘‘(c) MANAGEMENT OF PREDATION ON COLUM- Congress on the results of the study and munities.’’. BIA/SNAKE RIVER SYSTEM NATIVE FISHES.— modeling system and such recommendations SEC. 142. REIMBURSEMENT OF NON-FEDERAL IN- ‘‘(1) NESTING AVIAN PREDATORS.—In con- as the Secretary determines to be appro- TEREST. junction with the Secretary of Commerce priate. Section 211(e)(2)(A) of the Water Resources and the Secretary of the Interior, and con- (d) AUTHORIZATION OF APPROPRIATIONS.— Development Act of 1996 (33 U.S.C. 701b– sistent with a management plan to be devel- There is authorized to be appropriated a 13(e)(2)(A)) is amended by striking ‘‘subject oped by the United States Fish and Wildlife total of $2,250,000 to carry out this section. to amounts being made available in advance Service, the Secretary shall carry out meth- SEC. 148. STUDY REGARDING INNOVATIVE FI- in appropriations Acts’’ and inserting ‘‘sub- ods to reduce nesting populations of avian NANCING FOR SMALL AND MEDIUM- ject to the availability of appropriations’’. predators on dredge spoil islands in the Co- SIZED PORTS. SEC. 143. RESEARCH AND DEVELOPMENT PRO- lumbia River under the jurisdiction of the (a) STUDY.—The Comptroller General of GRAM FOR COLUMBIA AND SNAKE Secretary. the United States shall conduct a study and RIVERS SALMON SURVIVAL. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— analysis of various alternatives for innova- Section 511 of the Water Resources Devel- There is authorized to be appropriated tive financing of future construction, oper- opment Act of 1996 (16 U.S.C. 3301 note; Pub- $1,000,000 to carry out research and develop- ation, and maintenance of projects in small lic Law 104–303) is amended by striking sub- ment activities under this subsection. and medium-sized ports. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12121

(b) REPORT.—Not later than 270 days after (C) specification of the fair market value meeting the certification requirement of the date of enactment of this Act, the Comp- of each parcel of land subject to this section. subsection (c)(1)’’. troller General shall submit to the Commit- (3) OFFICIAL DATE OF NOTICE.—The official SEC. 155. CITY OF CHARLEVOIX REIMBURSE- tee on Environment and Public Works of the date of notice under this subsection shall be MENT, MICHIGAN. Senate and Committee on Transportation the later of— The Secretary shall review and, if consist- and Infrastructure of the House of Rep- (A) the date on which actual notice is ent with authorized project purposes, reim- resentatives and the results of the study and mailed; or burse the city of Charlevoix, Michigan, for any related legislative recommendations for (B) the date of publication of the notice in the Federal share of costs associated with consideration by Congress. the Federal Register. construction of the new revetment connec- SEC. 149. CANDY LAKE PROJECT, OSAGE COUNTY, SEC. 150. SALCHA RIVER AND PILEDRIVER tion to the Federal navigation project at OKLAHOMA. SLOUGH, FAIRBANKS, ALASKA. Charlevoix Harbor, Michigan. (a) DEFINITIONS.—In this section: The Secretary shall evaluate and, if justi- SEC. 156. HAMILTON DAM FLOOD CONTROL (1) FAIR MARKET VALUE.—The term ‘‘fair fied under section 205 of the Flood Control PROJECT, MICHIGAN. market value’’ means the amount for which Act of 1948 (33 U.S.C. 701s), carry out flood The Secretary may construct the Hamilton a willing buyer would purchase and a willing damage reduction measures along the lower Dam flood control project, Michigan, under seller would sell a parcel of land, as deter- Salcha River and on Piledriver Slough, from authority of section 205 of the Flood Control mined by a qualified, independent land ap- its headwaters at the mouth of the Salcha Act of 1948 (33 U.S.C. 701s). praiser. River to the Chena Lakes Flood Control SEC. 157. NATIONAL CONTAMINATED SEDIMENT (2) PREVIOUS OWNER OF LAND.—The term Project, in the vicinity of Fairbanks, Alaska, TASK FORCE. (a) DEFINITION OF TASK FORCE.—In this sec- ‘‘previous owner of land’’ means a person (in- to protect against surface water flooding. cluding a corporation) that conveyed, or a tion, the term ‘‘Task Force’’ means the Na- SEC. 151. EYAK RIVER, CORDOVA, ALASKA. descendant of a deceased individual who con- tional Contaminated Sediment Task Force The Secretary shall evaluate and, if justi- veyed, land to the Army Corps of Engineers established by section 502 of the National fied under section 205 of the Flood Control for use in the Candy Lake project in Osage Contaminated Sediment Assessment and County, Oklahoma. Act of 1948 (33 U.S.C. 701s), carry out flood Management Act (33 U.S.C. 1271 note; Public damage reduction measures along the Eyak (3) SECRETARY.—The term ‘‘Secretary’’ Law 102–580). means the Secretary of the Army. River at the town of Cordova, Alaska. (b) CONVENING.—The Secretary and the Ad- (b) LAND CONVEYANCES.— SEC. 152. NORTH PADRE ISLAND STORM DAMAGE ministrator shall convene the Task Force (1) IN GENERAL.—The Secretary shall con- REDUCTION AND ENVIRONMENTAL not later than 90 days after the date of en- vey, in accordance with this section, all RESTORATION PROJECT. actment of this Act. right, title, and interest of the United States The Secretary shall carry out a project for (c) REPORTING ON REMEDIAL ACTION.— in and to the land acquired by the United ecosystem restoration and storm damage re- (1) IN GENERAL.—Not later than 1 year after States for the Candy Lake project in Osage duction at North Padre Island, Corpus Chris- the date of enactment of this Act, the Task County, Oklahoma. ti Bay, Texas, at a total estimated cost of Force shall submit to Congress a report on (2) PREVIOUS OWNERS OF LAND.— $30,000,000, with an estimated Federal cost of the status of remedial actions at aquatic (A) IN GENERAL.—The Secretary shall give $19,500,000 and an estimated non-Federal cost sites in the areas described in paragraph (2). a previous owner of land first option to pur- of $10,500,000, if the Secretary finds that the (2) AREAS.—The report under paragraph (1) chase the land described in paragraph (1). work is technically sound, environmentally shall address remedial actions in— (B) APPLICATION.— acceptable, and economically justified. (A) areas of probable concern identified in (i) IN GENERAL.—A previous owner of land SEC. 153. KANOPOLIS LAKE, KANSAS. the survey of data regarding aquatic sedi- that desires to purchase the land described (a) WATER SUPPLY.— ment quality required by section 503(a) of in paragraph (1) that was owned by the pre- (1) IN GENERAL.—Not later than 1 year after the National Contaminated Sediment Assess- vious owner of land, or by the individual the date of enactment of this Act, the Sec- ment and Management Act (33 U.S.C. 1271); from whom the previous owner of land is de- retary, in cooperation with the State of Kan- (B) areas of concern within the Great scended, shall file an application to purchase sas or another non-Federal interest, shall Lakes, as identified under section 118(f) of the land with the Secretary not later than complete a water supply reallocation study the Federal Water Pollution Control Act (33 180 days after the official date of notice to at the project for flood control, Kanopolis U.S.C. 1268(f)); the previous owner of land under subsection Lake, Kansas, as a basis on which the Sec- (C) estuaries of national significance iden- (c). retary shall enter into negotiations with the tified under section 320 of the Federal Water (ii) FIRST TO FILE HAS FIRST OPTION.—If State of Kansas or another non-Federal in- Pollution Control Act (33 U.S.C. 1330); more than 1 application is filed for a parcel terest for the terms and conditions of a re- (D) areas for which remedial action has of land described in paragraph (1), first op- allocation of the water supply. been authorized under any of the Water Re- tions to purchase the parcel of land shall be (2) OPTIONS.—The negotiations for storage sources Development Acts; and allotted in the order in which applications reallocation shall include the following op- (E) as appropriate, any other areas where for the parcel of land were filed. tions for evaluation by all parties: sediment contamination is identified by the (C) IDENTIFICATION OF PREVIOUS OWNERS OF (A) Financial terms of storage realloca- Task Force. LAND.—As soon as practicable after the date tion. (3) ACTIVITIES.—Remedial actions subject of enactment of this Act, the Secretary (B) Protection of future Federal water re- to reporting under this subsection include shall, to the extent practicable, identify leases from Kanopolis Dam, consistent with remedial actions under— each previous owner of land. State water law, to ensure that the benefits (A) the Comprehensive Environmental Re- (D) CONSIDERATION.—Consideration for land expected from releases are provided. sponse, Compensation, and Liability Act of conveyed under this subsection shall be the (C) Potential establishment of a water as- 1980 (42 U.S.C. 9601 et seq.) or other Federal fair market value of the land. surance district consistent with other such or State law containing environmental re- (3) DISPOSAL.—Any land described in para- districts established by the State of Kansas. mediation authority; graph (1) for which an application has not (D) Protection of existing project purposes (B) any of the Water Resources Develop- been filed under paragraph (2)(B) within the at Kanopolis Dam to include flood control, ment Acts; applicable time period shall be disposed of in recreation, and fish and wildlife. (C) section 404 of the Federal Water Pollu- accordance with law. (b) IN-KIND CREDIT.— tion Control Act (33 U.S.C. 1344); or (4) EXTINGUISHMENT OF EASEMENTS.—All (1) IN GENERAL.—The Secretary may nego- (D) section 10 of the Act of March 3, 1899 (30 flowage easements acquired by the United tiate a credit for a portion of the financial Stat. 1151, chapter 425). States for use in the Candy Lake project in repayment to the Federal Government for (4) CONTENTS.—The report under paragraph Osage County, Oklahoma, are extinguished. work performed by the State of Kansas, or (1) shall provide, with respect to each reme- (c) NOTICE.— another non-Federal interest, on land adja- dial action described in the report, a descrip- (1) IN GENERAL.—The Secretary shall no- cent or in close proximity to the project, if tion of— tify— the work provides a benefit to the project. (A) the authorities and sources of funding (A) each person identified as a previous (2) WORK INCLUDED.—The work for which for conducting the remedial action; owner of land under subsection (b)(2)(C), not credit may be granted may include water- (B) the nature and sources of the sediment later than 90 days after identification, by shed protection and enhancement, including contamination, including volume and con- United States mail; and wetland construction and ecosystem restora- centration, where appropriate; (B) the general public, not later than 90 tion. (C) the testing conducted to determine the days after the date of enactment of this Act, SEC. 154. NEW YORK CITY WATERSHED. nature and extent of sediment contamina- by publication in the Federal Register. Section 552(d) of the Water Resources De- tion and to determine whether the remedial (2) CONTENTS OF NOTICE.—Notice under this velopment Act of 1996 (110 Stat. 3780) is action is necessary; subsection shall include— amended by striking ‘‘for the project to be (D) the action levels or other factors used (A) a copy of this section; carried out with such assistance’’ and insert- to determine that the remedial action is nec- (B) information sufficient to separately ing ‘‘, or a public entity designated by the essary; identify each parcel of land subject to this State director, to carry out the project with (E) the nature of the remedial action section; and such assistance, subject to the project’s planned or undertaken, including the levels S12122 CONGRESSIONAL RECORD — SENATE October 9, 1998

of protection of public health and the envi- (B) RECOMMENDATIONS.—The recommenda- (b) COOPERATION.—In carrying out studies ronment to be achieved by the remedial ac- tions in the report under subparagraph (A) and investigations under subsection (a), the tion; shall include recommendations relating to Secretary shall cooperate with Federal, (F) the ultimate disposition of any mate- the resources and funds necessary for imple- State, and local agencies and nongovern- rial dredged as part of the remedial action; menting improvement of the information mental organizations to ensure full consider- (G) the status of projects and the obstacles base. ation of all views and requirements of all or barriers to prompt conduct of the reme- (C) CONSIDERATIONS.—In developing the re- interrelated programs that those agencies dial action; and port under subparagraph (A), the Secretary, may develop independently or in coordina- (H) contacts and sources of further infor- in cooperation with the Secretary of State, tion with the Army Corps of Engineers. mation concerning the remedial action. the Secretary of Transportation, and other SEC. 161. IRRIGATION DIVERSION PROTECTION AND FISHERIES ENHANCEMENT AS- SEC. 158. GREAT LAKES BASIN PROGRAM. relevant agencies as appropriate, shall con- sider and report on the status of the issues SISTANCE. (a) STRATEGIC PLANS.— described and recommendations made in— The Secretary may provide technical plan- (1) IN GENERAL.—Not later than 18 months ning and design assistance to non-Federal in- after the date of enactment of this Act, and (i) the Report of the International Joint Commission to the Governments of the terests and may conduct other site-specific every 2 years thereafter, the Secretary shall studies to formulate and evaluate fish report to Congress on a plan for programs of United States and Canada under the 1977 ref- erence issued in 1985; and screens, fish passages devices, and other the Army Corps of Engineers in the Great (ii) the 1993 Report of the International measures to decrease the incidence of juve- Lakes basin. Joint Commission to the Governments of nile and adult fish inadvertently entering (2) CONTENTS.—The plan shall include de- Canada and the United States on Methods of into irrigation systems. Measures shall be tails of the projected environmental and Alleviating Adverse Consequences of Fluc- developed in cooperation with Federal and navigational projects in the Great Lakes tuating Water Levels in the Great Lakes St. State resource agencies and not impair the basin, including— Lawrence Basin. continued withdrawal of water for irrigation (A) navigational maintenance and oper- (c) GREAT LAKES RECREATIONAL BOATING.— purposes. In providing such assistance prior- ations for commercial and recreational ves- Not later than 18 months after the date of ity shall be given based on the objectives of sels; enactment of this Act, the Secretary shall, the Endangered Species Act, cost-effective- (B) environmental restoration activities; using information and studies in existence ness, and the potential for reducing fish mor- (C) water level maintenance activities; on the date of enactment of this Act to the tality. Non-Federal interests shall agree by (D) technical and planning assistance to maximum extent practicable, and in co- contract to contribute 50 percent of the cost States and remedial action planning com- operation with the Great Lakes States, sub- of such assistance. Not more than one-half of mittees; mit to Congress a report detailing the eco- such non-Federal contribution may be made (E) sediment transport analysis, sediment nomic benefits of recreational boating in the by the provision of services, materials, sup- management planning, and activities to sup- Great Lakes basin, particularly at harbors plies, or other in-kind services. No construc- port prevention of excess sediment loadings; benefiting from operation and maintenance tion activities are authorized by this section. (F) flood damage reduction and shoreline projects of the Army Corps of Engineers. Not later than 2 years after the date of en- erosion prevention; (d) COOPERATION.—In undertaking activi- actment of this section, the Secretary shall (G) all other activities of the Army Corps ties under this section, the Secretary shall— report to Congress on fish mortality caused of Engineers; and (1) encourage public participation; and by irrigation water intake devices, appro- (H) an analysis of factors limiting use of (2) cooperate, and, as appropriate, collabo- priate measures to reduce mortality, the ex- programs and authorities of the Army Corps rate, with Great Lakes States, tribal govern- tent to which such measures are currently of Engineers in existence on the date of en- ments, and Canadian federal, provincial, being employed in the arid States, the con- actment of this Act in the Great Lakes tribal governments. struction costs associated with such meas- basin, including the need for new or modified (e) WATER USE ACTIVITIES AND POLICIES.— ures, and the appropriate Federal role, if authorities. The Secretary may provide technical assist- any, to encourage the use of such measures. (b) GREAT LAKES BIOHYDROLOGICAL INFOR- ance to the Great Lakes States to develop TITLE II—CHEYENNE RIVER SIOUX TRIBE, MATION.— interstate guidelines to improve the consist- LOWER BRULE SIOUX TRIBE, AND STATE (1) INVENTORY.— ency and efficiency of State-level water use OF SOUTH DAKOTA TERRESTRIAL WILD- (A) IN GENERAL.—Not later than 90 days activities and policies in the Great Lakes LIFE HABITAT RESTORATION basin. after the date of enactment of this Act, the SEC. 201. DEFINITIONS. (f) COST SHARING.—The Secretary may seek Secretary shall request each Federal agency In this title: and accept funds from non-Federal entities that may possess information relevant to the to be used to pay up to 25 percent of the cost (1) RESTORATION.—The term ‘‘restoration’’ Great Lakes biohydrological system to pro- of carrying out subsections (b), (c), (d), and means mitigation of the habitat of wildlife. vide an inventory of all such information in (e). (2) SECRETARY.—The term ‘‘Secretary’’ the possession of the agency. means the Secretary of the Army. SEC. 159. PROJECTS FOR IMPROVEMENT OF THE (B) RELEVANT INFORMATION.—For the pur- ENVIRONMENT. (3) TERRESTRIAL WILDLIFE HABITAT.—The pose of subparagraph (A), relevant informa- Section 1135(c) of the Water Resources De- term ‘‘terrestrial wildlife habitat’’ means a tion includes information on— velopment Act of 1986 (33 U.S.C. 2309a(c)) is habitat for a wildlife species (including game (i) ground and surface water hydrology; amended— and nongame species) that existed or exists (ii) natural and altered tributary dynam- (1) by striking ‘‘If the Secretary’’ and in- on an upland habitat (including a prairie ics; serting the following: grassland, woodland, bottom land forest, (iii) biological aspects of the system influ- ‘‘(1) IN GENERAL.—If the Secretary’’; and scrub, or shrub) or an emergent wetland enced by and influencing water quantity and (2) by adding at the end the following: habitat. water movement; ‘‘(2) CONTROL OF SEA LAMPREY.—Congress (4) WILDLIFE.—The term ‘‘wildlife’’ has the (iv) meteorological projections and weath- finds that— meaning given the term in section 8 of the er impacts on Great Lakes water levels; and ‘‘(A) the Great Lakes navigation system Fish and Wildlife Coordination Act (16 U.S.C. (v) other Great Lakes biohydrological sys- has been instrumental in the spread of sea 666b). tem data relevant to sustainable water use lamprey and the associated impacts to its SEC. 202. TERRESTRIAL WILDLIFE HABITAT RES- management. fishery; and TORATION. (2) REPORT.— ‘‘(B) the use of the authority under this (a) TERRESTRIAL WILDLIFE HABITAT RES- (A) IN GENERAL.—Not later than 18 months subsection for control of sea lamprey at any TORATION PLANS.— after the date of enactment of this Act, the Great Lakes basin location is appropriate.’’. (1) IN GENERAL.—In accordance with this Secretary, in consultation with the States, subsection and in consultation with the Sec- SEC. 160. WATER QUALITY, ENVIRONMENTAL Indian tribes, and Federal agencies, and after QUALITY, RECREATION, FISH AND retary and the Secretary of the Interior, the requesting information from the provinces WILDLIFE, FLOOD CONTROL, AND State of South Dakota, the Cheyenne River and the federal government of Canada, NAVIGATION. Sioux Tribe, and the Lower Brule Sioux shall— (a) IN GENERAL.—The Secretary may inves- Tribe shall, as a condition of the receipt of (i) compile the inventories of information; tigate, study, evaluate, and report on— funds under this title, each develop a plan (ii) analyze the information for consist- (1) water quality, environmental quality, for the restoration of terrestrial wildlife ency and gaps; and recreation, fish and wildlife, flood control, habitat loss that occurred as a result of (iii) submit to Congress, the International and navigation in the western Lake Erie wa- flooding related to the Big Bend and Oahe Joint Commission, and the Great Lakes tershed, including the watersheds of the projects carried out as part of the Pick- States a report that includes recommenda- Maumee River, Ottawa River, and Portage Sloan Missouri River Basin program. tions on ways to improve the information River in the States of Indiana, Ohio, and (2) SUBMISSION OF PLAN TO SECRETARY.—On base on the biohydrological dynamics of the Michigan; and completion of a plan for terrestrial wildlife Great Lakes ecosystem as a whole, so as to (2) measures to improve water quality, en- habitat restoration, the State of South Da- support environmentally sound decisions re- vironmental quality, recreation, fish and kota, the Cheyenne River Sioux Tribe, and garding diversions and consumptive uses of wildlife, flood control, and navigation in the the Lower Brule Sioux Tribe shall submit Great Lakes water. western Lake Erie basin. the plan to the Secretary. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12123

(3) REVIEW BY SECRETARY AND SUBMISSION consultation with the United States Fish Missouri River Basin program, administered TO COMMITTEES.—The Secretary shall review and Wildlife Service and the Secretary and by the Western Area Power Administration. the plan and submit the plan, with any com- with an opportunity for public comment) (c) INVESTMENTS.—The Secretary of the ments, to the appropriate committees of the shall develop a plan to lease land for the pro- Treasury shall invest the amounts deposited Senate and the House of Representatives. tection and development of wildlife habitat, under subsection (b) only in interest-bearing (4) FUNDING FOR CARRYING OUT PLANS.— including habitat for threatened and endan- obligations of the United States or in obliga- (A) STATE OF SOUTH DAKOTA.— gered species, associated with the Missouri tions guaranteed by the United States as to (i) NOTIFICATION.—On receipt of the plan River ecosystem. both principal and interest. for terrestrial wildlife habitat restoration (B) USE FOR PROGRAM.—The plan shall be (d) PAYMENTS.— submitted by the State of South Dakota, used by the State of South Dakota, the (1) IN GENERAL.—All amounts credited as each of the Committees referred to in para- Cheyenne River Sioux Tribe, or the Lower interest under subsection (c) shall be avail- graph (3) shall notify the Secretary of the Brule Sioux Tribe in carrying out the pro- able, without fiscal year limitation, to the Treasury of the receipt of the plan. gram carried out under paragraph (1). State of South Dakota for use in accordance (ii) AVAILABILITY OF FUNDS.—On notifica- (3) CONDITIONS OF LEASES.—Each lease cov- with paragraph (3). tion in accordance with clause (i), the Sec- ered under a program carried out under para- (2) WITHDRAWAL AND TRANSFER OF FUNDS.— retary of the Treasury shall make available graph (1) shall specify that the owner of the Subject to section 202(a)(4)(A), the Secretary to the State of South Dakota funds from the property that is subject to the lease shall of the Treasury shall withdraw amounts South Dakota Terrestrial Wildlife Habitat provide— credited as interest under paragraph (1) and Restoration Trust Fund established under (A) public access for sportsmen during transfer the amounts to the State of South section 203, to be used to carry out the plan hunting season; and Dakota for use as State funds in accordance for terrestrial wildlife habitat restoration (B) public access for other outdoor uses with paragraph (3). submitted by the State. covered under the lease, as negotiated by the (3) USE OF TRANSFERRED FUNDS.— (B) CHEYENNE RIVER SIOUX TRIBE AND LOWER landowner and the State of South Dakota, (A) IN GENERAL.—Subject to subparagraph BRULE SIOUX TRIBE.— the Cheyenne River Sioux Tribe, or the (B), the State of South Dakota shall use the (i) NOTIFICATION.—On receipt of the plan Lower Brule Sioux Tribe. amounts transferred under paragraph (2) for terrestrial wildlife habitat restoration (4) USE OF ASSISTANCE.— only to— submitted by the Cheyenne River Sioux (A) STATE OF SOUTH DAKOTA.—If the State (i) fully fund the annually scheduled work Tribe and the Lower Brule Sioux Tribe, each of South Dakota conducts a program under described in the terrestrial wildlife habitat of the Committees referred to in paragraph this subsection, the State may use funds restoration plan of the State developed (3) shall notify the Secretary of the Treasury made available under section 203(d)(3)(A)(iii) under section 202(a); and of the receipt of each of the plans. to— (ii) with any remaining funds— (ii) AVAILABILITY OF FUNDS.—On notifica- (i) acquire easements, rights-of-way, or (I) protect archaeological, historical, and tion in accordance with clause (i), the Sec- leases for management and protection of cultural sites located along the Missouri retary of the Treasury shall make available wildlife habitat, including habitat for River on land transferred to the State; to the Cheyenne River Sioux Tribe and the threatened and endangered species, and pub- (II) fund all costs associated with the own- Lower Brule Sioux Tribe funds from the lic access to wildlife on private property in ership, management, operation, administra- Cheyenne River Sioux Tribe Terrestrial the State of South Dakota; tion, maintenance, and development of Wildlife Habitat Restoration Trust Fund and (ii) create public access to Federal or State recreation areas and other lands that are the Lower Brule Sioux Tribe Terrestrial land through the purchase of easements or transferred to the State of South Dakota by Wildlife Habitat Restoration Trust Fund, re- rights-of-way that traverse such private the Secretary; spectively, established under section 204, to property; or (III) purchase and administer wildlife habi- be used to carry out the plan for terrestrial (iii) lease land for the creation or restora- tat leases under section 202(b); wildlife habitat restoration submitted by the tion of a wetland on such private property. (IV) carry out other activities described in Cheyenne River Sioux Tribe and the Lower (B) CHEYENNE RIVER SIOUX TRIBE AND LOWER section 202; and Brule Sioux Tribe, respectively. BRULE SIOUX TRIBE.—If the Cheyenne River (V) develop and maintain public access to, (C) TRANSITION PERIOD.— Sioux Tribe or the Lower Brule Sioux Tribe and protect, wildlife habitat and recreation (i) IN GENERAL.—During the period de- areas along the Missouri River. scribed in clause (ii), the Secretary shall— conducts a program under this subsection, (B) PROHIBITION.—The amounts transferred (I) fund the terrestrial wildlife habitat res- the Tribe may use funds made available under section 204(d)(3)(A)(iii) for the pur- under paragraph (2) shall not be used for the toration programs being carried out on the purchase of land in fee title. date of enactment of this Act on Oahe and poses described in subparagraph (A). (c) FEDERAL OBLIGATION FOR TERRESTRIAL (e) TRANSFERS AND WITHDRAWALS.—Except Big Bend project land and the plans estab- WILDLIFE HABITAT MITIGATION FOR THE BIG as provided in subsection (d), the Secretary lished under this section at a level that does BEND AND OAHE PROJECTS IN SOUTH DA- of the Treasury may not transfer or with- not exceed the highest amount of funding KOTA.—The establishment of the trust funds draw any amount deposited under subsection that was provided for the programs during a under sections 203 and 204 and the develop- (b). previous fiscal year; and ment and implementation of plans for terres- (f) ADMINISTRATIVE EXPENSES.—There are (II) implement the programs. trial wildlife habitat restoration developed authorized to be appropriated to the Sec- ERIOD.—Clause (i) shall apply during (ii) P by the State of South Dakota, the Cheyenne retary of the Treasury such sums as are nec- the period— River Sioux Tribe, and the Lower Brule essary to pay the administrative expenses of (I) beginning on the date of enactment of Sioux Tribe in accordance with this section the Fund. this Act; and shall be considered to satisfy the Federal ob- SEC. 204. CHEYENNE RIVER SIOUX TRIBE AND (II) ending on the earlier of— ligation under the Fish and Wildlife Coordi- LOWER BRULE SIOUX TRIBE TER- (aa) the date on which funds are made nation Act (16 U.S.C. 661 et seq.) for terres- RESTRIAL WILDLIFE HABITAT RES- available for use from the South Dakota Ter- trial wildlife habitat mitigation for the TORATION TRUST FUNDS. restrial Wildlife Habitat Restoration Trust State of South Dakota, the Cheyenne River (a) ESTABLISHMENT.—There are established Fund under section 203(d)(3)(A)(i) and the Sioux Tribe, and the Lower Brule Sioux in the Treasury of the United States 2 funds Cheyenne River Sioux Tribe Terrestrial Tribe for the Big Bend and Oahe projects car- to be known as the ‘‘Cheyenne River Sioux Wildlife Habitat Restoration Trust Fund and ried out as part of the Pick-Sloan Missouri Tribe Terrestrial Wildlife Restoration Trust the Lower Brule Sioux Tribe Terrestrial River Basin program. Fund’’ and the ‘‘Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Wildlife Habitat Restoration Trust Fund SEC. 203. SOUTH DAKOTA TERRESTRIAL WILD- under section 204(d)(3)(A)(i); or LIFE HABITAT RESTORATION TRUST Trust Fund’’ (each of which is referred to in (bb) the date that is 4 years after the date FUND. this section as a ‘‘Fund’’). of enactment of this Act. (a) ESTABLISHMENT.—There is established (b) FUNDING.— (b) PROGRAMS FOR THE PURCHASE OF WILD- in the Treasury of the United States a fund (1) IN GENERAL.—Subject to paragraph (2), LIFE HABITAT LEASES.— to be known as the ‘‘South Dakota Terres- for the fiscal year during which this Act is (1) IN GENERAL.—The State of South Da- trial Wildlife Habitat Restoration Trust enacted and each fiscal year thereafter until kota may use funds made available under Fund’’ (referred to in this section as the the aggregate amount deposited in the Funds section 203(d)(3)(A)(iii) to develop a program ‘‘Fund’’). under this subsection is equal to at least for the purchase of wildlife habitat leases (b) FUNDING.—For the fiscal year during $57,400,000, the Secretary of the Treasury that meets the requirements of this sub- which this Act is enacted and each fiscal shall deposit in the Funds an amount equal section. year thereafter until the aggregate amount to 10 percent of the receipts from the depos- (2) DEVELOPMENT OF A PLAN.— deposited in the Fund under this subsection its in the Treasury of the United States for (A) IN GENERAL.—If the State of South Da- is equal to at least $108,000,000, the Secretary the preceding fiscal year from the power pro- kota, the Cheyenne River Sioux Tribe, or the of the Treasury shall deposit in the Fund an gram of the Pick-Sloan Missouri River Basin Lower Brule Sioux Tribe elects to conduct a amount equal to 15 percent of the receipts program, administered by the Western Area program under this subsection, the State of from the deposits in the Treasury of the Power Administration. South Dakota, the Cheyenne River Sioux United States for the preceding fiscal year (2) ALLOCATION.—Of the total amount of Tribe, or the Lower Brule Sioux Tribe (in from the power program of the Pick-Sloan funds deposited into the Funds for a fiscal S12124 CONGRESSIONAL RECORD — SENATE October 9, 1998 year, the Secretary of the Treasury shall de- land administered by the Secretary and used Department shall jointly develop a schedule posit— by the Oglala Sioux Rural Water Supply Sys- for transferring the land and recreation (A) 74 percent of the funds into the Chey- tem, are granted to the Oglala Sioux Tribe in areas under this section. enne River Sioux Tribe Terrestrial Wildlife perpetuity to be held in trust under section (2) TRANSFER DEADLINE.—All land and Restoration Trust Fund; and 3(e) of the Mni Wiconi Project Act of 1988 (102 recreation areas shall be transferred not (B) 26 percent of the funds into the Lower Stat. 2568). later than 1 year after the full capitalization Brule Sioux Tribe Terrestrial Wildlife Habi- (2) USES.—The Department shall maintain of the Trust Fund described in section 203. tat Restoration Trust Fund. and develop the land outside the recreation (f) TRANSFER CONDITIONS.—The land and (c) INVESTMENTS.—The Secretary of the areas for fish and wildlife purposes in accord- recreation areas described in subsections (b) Treasury shall invest the amounts deposited ance with— and (c) shall be transferred in fee title to the under subsection (b) only in interest-bearing (A) fish and wildlife purposes in effect on Department on the following conditions: obligations of the United States or in obliga- the date of enactment of this Act; or (1) RESPONSIBILITY FOR DAMAGE.—The Sec- tions guaranteed as to both principal and in- (B) a plan developed under section 202. retary of the Army shall not be responsible terest by the United States. (3) CORPS OF ENGINEERS.—The transfer for any damage to the land caused by flood- (d) PAYMENTS.— shall not interfere with the Corps of Engi- ing, sloughing, erosion, or other changes to (1) IN GENERAL.—All amounts credited as neers operation of a project under this sec- the land caused by the operation of any interest under subsection (c) shall be avail- tion for an authorized purpose of the project project of the Pick-Sloan Missouri River able, without fiscal year limitation, to the under the Act of December 22, 1944 (58 Stat. Basin program (except as otherwise provided Cheyenne River Sioux Tribe and the Lower 887, chapter 665; 33 U.S.C. 701–1 et seq.), or by Federal law). Brule Sioux Tribe for their use in accordance other applicable law. (2) EASEMENTS, RIGHTS-OF-WAY, LEASES, with paragraph (3). (4) SECRETARY OF THE ARMY.—The Sec- AND COST-SHARING AGREEMENTS.—The Depart- (2) WITHDRAWAL AND TRANSFER OF FUNDS.— retary of the Army shall retain the right to ment shall maintain all easements, rights- Subject to section 202(a)(4)(B), the Secretary inundate with water the land transferred to of-way, leases, and cost-sharing agreements of the Treasury shall withdraw amounts the Department under this section or draw that are in effect as of the date of the trans- credited as interest under paragraph (1) and down a project reservoir, as necessary to fer. transfer the amounts to the Cheyenne River carry out an authorized purpose of a project. (g) HUNTING AND FISHING.— Sioux Tribe and the Lower Brule Sioux Tribe (b) LAND TRANSFERRED.—The land de- (1) IN GENERAL.—Nothing in this title af- for use in accordance with paragraph (3). scribed in this subsection is land that— fects jurisdiction over the land and water (3) USE OF TRANSFERRED FUNDS.— (1) is located above the top of the exclusive below the exclusive flood pool of the Mis- (A) IN GENERAL.—Subject to subparagraph flood pool of the Oahe, Big Bend, Fort Ran- souri River within the State of South Da- (B), the Cheyenne River Sioux Tribe and the dall, and Gavin’s Point projects of the Pick- kota, including affected Indian reservations. Lower Brule Sioux Tribe shall use the Sloan Missouri River Basin program; The State of South Dakota, the Lower Brule amounts transferred under paragraph (2) (2) was acquired by the Secretary of the Sioux Tribe, and the Cheyenne River Sioux only to— Army for the implementation of the Pick- Tribe shall continue in perpetuity to exer- (i) fully fund the annually scheduled work Sloan Missouri River Basin program; cise the jurisdiction the State and Tribes described in the terrestrial wildlife habitat (3) is located outside the external bound- possess on the date of enactment of this Act. restoration plan of the respective Tribe de- aries of a reservation of an Indian Tribe; and (2) NO EFFECT ON RESPECTIVE JURISDIC- veloped under section 202(a); and (4) is located within the State of South Da- TIONS.—The Secretary may not adopt any (ii) with any remaining funds— kota. regulation or otherwise affect the respective (I) protect archaeological, historical, and (c) RECREATION AREAS TRANSFERRED.—A jurisdictions of the State of South Dakota, cultural sites located along the Missouri recreation area described in this section in- the Lower Brule River Sioux Tribe, or the River on land transferred to the respective cludes the land and waters within a recre- Cheyenne River Sioux Tribe described in Tribe; ation area that— paragraph (1). (II) fund all costs associated with the own- (1) the Secretary of the Army determines, (h) APPLICABILITY OF LAW.—Notwithstand- ership, management, operation, administra- at the time of the transfer, is a recreation ing any other provision of this Act, the fol- tion, maintenance, and development of area classified for recreation use by the lowing provisions of law shall apply to land recreation areas and other lands that are Corps of Engineers on the date of enactment transferred under this section: transferred to the respective Tribe by the of this Act; (1) The National Historic Preservation Act Secretary; (2) is located outside the external bound- (16 U.S.C. 470 et seq.), including sections 106 (III) purchase and administer wildlife habi- aries of a reservation of an Indian Tribe; and 304 of that Act (16 U.S.C. 470f, 470w–3). tat leases under section 202(b); (3) is located within the State of South Da- (2) The Archaeological Resources Protec- (IV) carry out other activities described in kota; tion Act of 1979 (16 U.S.C. 470aa et seq.), in- section 202; and (4) is not the recreation area known as cluding sections 4, 6, 7, and 9 of that Act (16 (V) develop and maintain public access to, ‘‘Cottonwood’’, ‘‘Training Dike’’, or U.S.C. 470cc, 470ee, 470ff, 470hh). and protect, wildlife habitat and recreation ‘‘Tailwaters’’; and (3) The Native American Graves Protection areas along the Missouri River. (5) is located below Gavin’s Point Dam in Act and Repatriation Act (25 U.S.C. 3001 et (B) PROHIBITION.—The amounts transferred the State of South Dakota in accordance seq.), including subsections (a) and (d) of sec- under paragraph (2) shall not be used for the with boundary agreements and reciprocal tion 3 of that Act (25 U.S.C. 3003). purchase of land in fee title. fishing agreements between the State of SEC. 206. TRANSFER OF CORPS OF ENGINEERS (e) TRANSFERS AND WITHDRAWALS.—Except South Dakota and the State of Nebraska in as provided in subsection (d), the Secretary LAND FOR INDIAN TRIBES. effect on the date of enactment of this Act, of the Treasury may not transfer or with- (a) IN GENERAL.— which agreements shall continue to be hon- draw any amount deposited under subsection (1) TRANSFER.—The Secretary of the Army ored by the State of South Dakota as the (b). shall transfer to the Secretary of the Inte- agreements apply to any land or recreation (f) ADMINISTRATIVE EXPENSES.—There are rior the land and recreation areas described authorized to be appropriated to the Sec- areas transferred under this title to the in subsections (b) and (c). retary of the Treasury such sums as are nec- State of South Dakota below Gavin’s Point (2) CORPS OF ENGINEERS.—The transfer essary to pay the administrative expenses of Dam and on the waters of the Missouri shall not interfere with the Corps of Engi- the Fund. River. neers operation of a project under this sec- AP SEC. 205. TRANSFER OF FEDERAL LAND TO (d) M .— tion for an authorized purpose of the project STATE OF SOUTH DAKOTA. (1) IN GENERAL.—The Secretary of the under the Act of December 22, 1944 (58 Stat. (a) IN GENERAL.— Army, in consultation with the Department, 887, chapter 665; 33 U.S.C. 701–1 et seq.), or (1) TRANSFER.— shall prepare a map of the land and recre- other applicable law. (A) IN GENERAL.—The Secretary of the ation areas transferred under this section. (3) SECRETARY OF THE ARMY.—The Sec- Army shall transfer to the Department of (2) LAND.—The map shall identify— retary of the Army shall retain the right to Game, Fish and Parks of the State of South (A) land reasonably expected to be required inundate with water the land transferred to Dakota (referred to in this section as the for project purposes during the 20-year pe- the Secretary of the Interior under this sec- ‘‘Department’’) the land and recreation areas riod beginning on the date of enactment of tion or draw down a project reservoir, as nec- described in subsections (b) and (c) for fish this Act; and essary to carry out an authorized purpose of and wildlife purposes, or public recreation (B) dams and related structures; a project. uses, in perpetuity. which shall be retained by the Secretary. (4) TRUST.—The Secretary of the Interior (B) PERMITS, RIGHTS-OF-WAY, AND EASE- (3) AVAILABILITY.—The map shall be on file shall hold in trust for the Cheyenne River MENTS.—All permits, rights-of-way, and ease- in the appropriate offices of the Secretary of Sioux Tribe and the Lower Brule Sioux Tribe ments granted by the Secretary of the Army the Army. the land transferred under this section that to the Oglala Sioux Tribe for land on the (e) SCHEDULE FOR TRANSFER.— is located within the external boundaries of west side of the Missouri River between the (1) IN GENERAL.—Not later than 1 year after the reservation of the Indian Tribes. Oahe Dam and Highway 14, and all permits, the date of enactment of this Act, the Sec- (b) LAND TRANSFERRED.—The land de- rights-of-way, and easements on any other retary of the Army and the Secretary of the scribed in this subsection is land that— October 9, 1998 CONGRESSIONAL RECORD — SENATE S12125

(1) is located above the top of the exclusive enne River Sioux Tribe reservation and the (b) NO TRANSFER PENDING DETERMINA- flood pool of the Big Bend and Oahe projects Lower Brule Sioux Tribe reservation. TION.—No transfer of land under section of the Pick-Sloan Missouri River Basin pro- (3) EASEMENTS, RIGHTS-OF-WAY, LEASES, 205(b) or 206(b) shall occur until the Sec- gram; AND COST-SHARING AGREEMENTS.— retary determines, based on the study, that (2) was acquired by the Secretary of the (A) MAINTENANCE.—The Secretary of the the transfer of land under either section will Army for the implementation of the Pick- Interior shall maintain all easements, not significantly reduce the amount of water Sloan Missouri River Basin program; and rights-of-way, leases, and cost-sharing agree- flow to the downstream States of the Mis- (3) is located within the external bound- ments that are in effect as of the date of the souri River. aries of the reservation of the Cheyenne transfer. SEC. 209. AUTHORIZATION OF APPROPRIATIONS. River Sioux Tribe and the Lower Brule Sioux (B) PAYMENTS TO COUNTY.—The Secretary (a) SECRETARY.—There are authorized to be Tribe. of the Interior shall pay any affected county appropriated to the Secretary such sums as (c) RECREATION AREAS TRANSFERRED.—A 100 percent of the receipts from the ease- are necessary— recreation area described in this section in- ments, rights-of-way, leases, and cost-shar- (1) to pay the administrative expenses in- cludes the land and waters within a recre- ing agreements described in subparagraph curred by the Secretary in carrying out this ation area that— (A). title; and (1) the Secretary of the Army determines, SEC. 207. ADMINISTRATION. (2) to fund the implementation of terres- at the time of the transfer, is a recreation (a) IN GENERAL.—Nothing in this title di- trial wildlife habitat restoration plans under area classified for recreation use by the minishes or affects— section 202(a). Corps of Engineers on the date of enactment (1) any water right of an Indian Tribe; (b) SECRETARY OF THE INTERIOR.—There are of this Act; (2) any other right of an Indian Tribe, ex- authorized to be appropriated to the Sec- (2) is located within the external bound- cept as specifically provided in another pro- retary of the Interior such sums as are nec- aries of a reservation of an Indian Tribe; and vision of this title; essary to pay the administrative expenses in- (3) is located within the State of South Da- (3) any treaty right that is in effect on the curred by the Secretary of the Interior in kota. date of enactment of this Act; carrying out this title. (d) MAP.— (4) any external boundary of an Indian res- Mr. LOTT. Let me just say again, a (1) IN GENERAL.—The Secretary of the ervation of an Indian Tribe; lot of work went into this important Army, in consultation with the governing (5) any authority of the State of South Da- legislation involving water resources. bodies of the Cheyenne River Sioux Tribe kota that relates to the protection, regula- and the Lower Brule Sioux Tribe, shall pre- tion, or management of fish, terrestrial wild- It affects States throughout the coun- pare a map of the land transferred under this life, and cultural and archaeological re- try. I am very pleased that we got this section. sources, except as specifically provided in done. We worked on it in a bipartisan (2) LAND.—The map shall identify— this title; or way. And we are hoping now that the (A) land reasonably expected to be required (6) any authority of the Secretary, the Sec- House will act expeditiously and we for project purposes during the 20-year pe- retary of the Interior, or the head of any can complete this legislation. riod beginning on the date of enactment of other Federal agency under a law in effect on f this Act; and the date of enactment of this Act, includ- (B) dams and related structures; ing— ORDER OF PROCEDURE which shall be retained by the Secretary. (A) the National Historic Preservation Act (16 U.S.C. 470 et seq.); Mr. LOTT. Mr. President, we do have (3) AVAILABILITY.—The map shall be on file another move we will need to make in in the appropriate offices of the Secretary of (B) the Archaeological Resources Protec- the Army. tion Act of 1979 (16 U.S.C. 470aa et seq.); a few minutes, but Senator DASCHLE (e) SCHEDULE FOR TRANSFER.— (C) the Fish and Wildlife Coordination Act has indicated he would wish to have an (1) IN GENERAL.—Not later than 1 year after (16 U.S.C. 661 et seq.); opportunity to use some leader time at the date of enactment of this Act, the Sec- (D) the Act entitled ‘‘An Act for the pro- this point and, depending on how retary of the Army and the Chairmen of the tection of the bald eagle’’, approved June 8, things go, I may want to do the same. Cheyenne River Sioux Tribe and the Lower 1940 (16 U.S.C. 668 et seq.); But we worked on these things in a co- Brule Sioux Tribe shall jointly develop a (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.); operative way, and he is entitled to schedule for transferring the land and recre- take leader time. And we have assured ation areas under this section. (F) the Endangered Species Act of 1973 (16 each other that nobody is going to try (2) TRANSFER DEADLINE.—All land and U.S.C. 1531 et seq.); recreation areas shall be transferred not (G) the Native American Graves Protection to take advantage of this time. later than 1 year after the full capitalization and Repatriation Act (25 U.S.C. 3001 et seq.); I yield the floor so that Senator of the State and tribal Trust Fund described (H) the Federal Water Pollution Control DASCHLE can use leader time on his in section 204. Act (commonly known as the ‘‘Clean Water issue. (f) TRANSFER CONDITIONS.—The land and Act’’) (33 U.S.C. 1251 et seq.); Mr. DASCHLE addressed the Chair. recreation areas described in subsections (b) (I) the Safe Drinking Water Act (42 U.S.C. The PRESIDING OFFICER. The and (c) shall be transferred to, and held in 300f et seq.); and Democratic leader. trust by, the Secretary of the Interior on the (J) the National Environmental Policy Act Mr. DASCHLE. I thank the majority of 1969 (42 U.S.C. 4321 et seq.). following conditions: leader. (1) RESPONSIBILITY FOR DAMAGE.—The Sec- (b) POWER RATES.—No payment made retary of the Army shall not be responsible under this title shall affect any power rate f under the Pick-Sloan Missouri River Basin for any damage to the land caused by flood- BLOCKING HMO REFORM ing, sloughing, erosion, or other changes to program. (c) FEDERAL LIABILITY FOR DAMAGE.—Noth- the land caused by the operation of any Mr. DASCHLE. First, let me say that ing in this title relieves the Federal Govern- project of the Pick-Sloan Missouri River I would not have required leader time ment of liability for damage to private land had we been following what I under- Basin program (except as otherwise provided caused by the operation of the Pick-Sloan by Federal law). Missouri River Basin program. stand is normal procedure on the Sen- (2) HUNTING AND FISHING.—Nothing in this (d) FLOOD CONTROL.—Notwithstanding any ate floor: The majority leader is recog- title affects jurisdiction over the land and other provision of this title, the Secretary nized first, the Democratic leader is waters below the exclusive flood pool and shall retain the authority to operate the recognized second. I was not recognized within the external boundaries of the Chey- Pick-Sloan Missouri River Basin program for enne River Sioux Tribe and Lower Brule following the motion that I made, and purposes of meeting the requirements of the I am very disappointed— Sioux Tribe reservations. The State of South Act of December 22, 1944 (58 Stat. 887, chapter Dakota, the Lower Brule Sioux Tribe, and 665; 33 U.S.C. 701–1 et seq.). Mr. LEAHY. The Senate is not in the Cheyenne River Sioux Tribe shall con- SEC. 208. STUDY. order. I think the leader is entitled to tinue to exercise, in perpetuity, the jurisdic- (a) IN GENERAL.—Not later than 1 year be heard. tion they possess on the date of enactment of after the date of enactment of this Act, the The PRESIDING OFFICER. The Sen- this Act with regard to those lands and wa- Secretary of the Army shall arrange for the ate will be in order. Please take all ex- ters. The Secretary may not adopt any regu- United States Geological Survey, in con- traneous conversations to the cloak- lation or otherwise affect the respective ju- sultation with the Bureau of Indian Affairs room. risdictions of the State of South Dakota, the and other appropriate Federal agencies, to Mr. DASCHLE. I thank the Senator Lower Brule River Sioux Tribe, or the Chey- conduct a comprehensive study of the poten- from Vermont. enne River Sioux Tribe described in the pre- tial impacts of the transfer of land under ceding sentence. Jurisdiction over the land sections 205(b) and 206(b), including potential I would clarify my comments by add- transferred under this section shall be the impacts on South Dakota Sioux Tribes hav- ing that the current Presiding Officer same as that over other land held in trust by ing water claims within the Missouri River was not in the chair, nor was the cur- the Secretary of the Interior on the Chey- Basin, on water flows in the Missouri River. rent Parliamentarian. So it could have S12126 CONGRESSIONAL RECORD — SENATE October 9, 1998 been an accident, and I will accept it as from drive-through mastectomies, the importance of access to clinical that, but I would hope that the Chair— against an end to the practice of medi- trials. They recognize that the protec- not this particular Presiding Officer— cine by insurance company bureau- tion against retaliation for doctors and but the Chair would always recognize crats. nurses who advocate for patients is the importance of following Senate By July they had read polls and, critical. They recognize that protec- rules. And Senate rules oblige the frankly, I think they were concerned tion from insurance companies who Chair to recognize either leader before about the political implications of this interfere with a doctor’s best judgment any other Member. issue. Then they introduced a bill, is necessary. Mr. President, I wanted the oppor- strikingly different from ours but With all the recognition of the prob- tunity to talk about why we raised using exactly the same title. The fact lems that exist, with all that realiza- HMO reform today and why it was im- is there are now two bills entitled a Pa- tion, we had an opportunity to work in portant that we have a vote. We had tients’ Bill of Rights—one that is real a bipartisan way to resolve these mat- the vote on almost a partisan basis— and one that is not. Their bill is filled ters. To leave the issue on the cal- there were a couple of our Republican with loopholes that benefit the insur- endar, to leave that work undone is in- colleagues who joined us, but it was ance industry. And today, once again, deed a tragedy. largely on a partisan basis. Once again, they have refused to debate the real I acknowledge that our prospects for our efforts to bring forth a bill and a issues and our real differences regard- passing something this year are not debate on the Patients’ Bill of Rights ing this legislation. good. But I will state as unequivocally failed. I am disappointed because this Passage of real patient protections as I can that this will continue to be an may be the last opportunity we have to should have been the highest priority issue until it is resolved. This will con- consider this issue. of this session of Congress. We should tinue to be something we will force on We have considered a lot of items have ended this session celebrating bi- the Senate agenda in whatever way we over the last couple of weeks. I have re- partisan cooperation on a bill of this can—as an amendment, moving to a ported to the distinguished majority import. motion to proceed, finding ways to leader that I have heard from many of Instead, our colleagues have thwart- reach out to the millions of Americans my Members on a daily basis why it is ed us at every turn. They have ignored who need our help this year and who important to bring up HMO reform if how real people get hurt. Over the past will certainly need it next year. we are going to bring up so many other year, we have heard story after story of We must act responsibly. We must issues. As the sponsor of the legisla- abuses that should have been ad- act comprehensively. I hope we do it tion, frankly, I feel much the same dressed. sooner rather than later. with regard to the priority this legisla- We heard about a 6-month-old by the I yield the floor. tion should have. name of James Adams, who was burn- The PRESIDING OFFICER. The ma- We have attempted to deal with H.R. ing with a 105-degree fever, and his jority leader. 10, and I have supported that effort. We HMO forced his parents to drive to an Mr. LOTT. Mr. President, I will say have successfully dealt with Internet emergency room over an hour away, at the beginning that I agree with Sen- tax, and I supported that. We dealt even though there was a hospital closer ator DASCHLE that this is something we with bankruptcy, and, unfortunately, by. Young James suffered cardiac ar- should address and I believe we will ad- that bill will be vetoed in large meas- rest, and lost his hands and feet. dress because there are some legiti- ure because we weren’t able to come to We also heard about forty-five-year- mate concerns and problems in this some successful conclusion in the nego- old Buddy Kuhl who died after his HMO area that need to be dealt with. I am tiations, but I supported that. We had denied and delayed heart surgery. He very hopeful we can do that next year. time for all of those measures. That left a wife and two young children. We I want to thank Senator NICKLES and our Senate colleagues do not have the could go on with these tragedies that our task force that worked on this time or are unwilling to provide the occur every day outside this chamber. issue. I want to thank Dr. BILL FRIST, priority to this legislation speaks vol- The tragedy within this chamber is, a Member of the Senate, who worked umes about where their real priorities with all of these stories and millions on this issue. I think it is great that we are. and millions of people abused every actually have a doctor involved that Democrats have said over and over year, this Congress has ignored and understands what happens in this area. again there is nothing more important thwarted every effort to address the I have told people, you can take your than this legislation, that there is problem. There is no explanation, no choice here of which bill is really the nothing more important on our agenda excuse, no way it can be explained best bill—the one proposed by the than passing a Patients’ Bill of Rights away. Democratic side, led by Senator KEN- this year. One-hundred and eighty different NEDY, or the one proposed over on the We have held hearings throughout groups, as disparate as they can be— Republican side led by Dr. BILL FRIST. the year. We introduced our bill in from doctors and nurses organizations, I think the choice is pretty clear. But March, S. 1890. We attempted over the to organizations representing consum- thank you for your work. I do believe last 9 months, through myriad par- ers and workers, to the American Can- that we are going to address this next liamentary procedures, to be able to cer Society—urged the Congress, in as year. I believe we will do it in, hope- come to some conclusion on this issue. strong terms as they could, to do some- fully, a responsible way and, eventu- We even proposed working overtime, a thing, resolve this problem, address it ally, it can be a bipartisan bill. second shift, to be able to address a Pa- in a comprehensive way. Don’t pass a This effort today was clearly a tients’ Bill of Rights in a meaningful sham bill. Don’t say you passed some- planned PR effort because we were able way. We even offered the bill as an thing and falsely raise expectations. to accidentally come across some e- amendment. We have been thwarted in Don’t talk about how serious the prob- mail that indicated that this was in every single scenario that has pre- lem is and then not address it. preparation for a big hoopla down at sented itself to the Senate to date. We have lost an opportunity to ad- the White House. Frankly, the priority that this legis- dress this issue. We have lost the op- We have tried to get this issue up in lation should have is probably as great portunity to provide critical protec- a fair way—on June 18, three different a dividing line as there is between our tions to those who need emergency times; on July 15, twice; on June 25, Republican colleagues and Democratic care, to those who need access to spe- and on other occasions, I had offered a Senators. Our Republican colleagues cialists, and to those who have ongoing very fair process to bring this up. The first urged insurers to ‘‘get out their illnesses who recognize the abuses by Democratic proposal, sponsored by wallets’’ and fight protections as HMOs and are increasingly frustrated Senators DASCHLE, KENNEDY, and oth- though it were a war. with Congress’ unwillingness to deal ers, would have been offered. Our alter- In April, they voted against the with this issue. These are the people native proposal, the Republican pro- sense-of-the-Senate resolution regard- who recognize the importance of access posal, would have been offered. We ing patients’ rights—a vote against ac- to the prescription drugs a doctor pre- could have debated them both, with cess to specialists, against protection scribes as necessary. They recognize three amendments on both sides. It October 9, 1998 CONGRESSIONAL RECORD — SENATE S12127 could be small amendments or big We didn’t come up and say, hey, trial rhetoric and disinformation can dis- amendments—that is up to either lawyers, what would you like? Under guise the fact that the Republicans in side—and we could have had the votes the Democrats’ bill, really, it was a bill Congress have abused the rules of the and been done with it, and sent it to that would greatly enhance attorney Senate to prevent passage of strong pa- conference with the House. We could fees. It gave people the right not only tient protections this year. The vote have completed this in June or July. to sue the HMO and the health care today was the latest installment pay- But, no, the Democrats objected. provider, but also the employer as well. ment to powerful special interests op- They didn’t want to have the two bills The net result is that lots of employers posed to change. head to head and amendments in order would have dropped plans, increased The Republican leadership could because they knew what the result the number of uninsured. That would would be. We had a good proposal; it have called the Patients’ Bill of Rights not have helped anybody. It would have at any time for a full and fair debate. was going to pass. By the way, we been a serious mistake. We didn’t want might actually have gotten something Instead, proposed a series of phony to pass legislation that would increase ‘‘consent’’ agreements that would pre- done. the number of uninsured by 1 million They don’t want this issue to pass. vent fair debate and make passage of people. That would have been a mis- real reform impossible. These stalling They want a political issue. We could take. have done this in June or July, but tactics were clearly meant to run out So we were willing to take it up. Our the clock, so that managed care re- they objected, saying, no, we must colleagues have said, wait a minute, we have 20 amendments on each side. forms cannot be passed before Congress want to vote today. Today may be the adjourns, and so that the Republican Twenty amendments; forty amend- last or second to last day we are going ments total—days. The whole plan was leadership can avoid responsibility for to be in session. In June or July, we of- its defeat. to try to find a way to have the Mem- fered to do this. Or we tried to get it bers have to cast repeated votes on an done this September where we would The record of Republican attempts to issue that would obfuscate the dif- have a reasonable time limit, where we avoid the blame for inaction would be ference between the two bills in re- would vote and pass legislation. Unfor- laughable, if the consequences for pa- ality. tunately, I think Senator KENNEDY and tients across the country were not so So we have made an effort. We are serious. ready to go. We would have been happy others didn’t want to do that because to do it in June or July. We are going they didn’t have the votes. On June 18, Senator LOTT proposed to Their proposal didn’t have the votes. to be looking for a way to do it next bring up the bill, but on terms that It had a lot of rhetoric, but it didn’t year. When the time comes, it won’t be made a mockery of the legislative have the votes. They never would take the Kennedy-Daschle bill. The Amer- process. His proposal would have al- yes for an answer. We were willing to ican people don’t want or need that. lowed the Senate to start considering What we need is a fair bill. We need ac- take up their proposal. We were willing HMO reform, but he would have been cess. What we don’t need is something to take up our proposal. We were will- permitted to end the debate at any that will lead to more costs and more ing to have a couple of amendments on time. The proposal also barred the Sen- lawsuits—hallelujah. each side. They could have drafted ate from considering any other health Is this about the patients and the those amendments any way they want- care legislation for the rest of the year. doctors and health care, or is this so ed to. They could have addressed every So if Senator LOTT did not like the di- my brother-in-law can file another law- issue they wanted to, and we could rection the bill was headed, he could suit? I have the answer. The answer is have passed legislation. We could have kill it and tie the Senate’s hands on that we ought to be worrying about the done it in time to go to conference HMO reform for the remainder of the patients and the health care providers with the House and maybe work out a year. in America. We have a good bill. I am responsible and reasonable bill that On June 23, 43 Democratic Senators could be enacted into law. Unfortu- proud to have supported it and to have wrote to Senator LOTT to urge that he been willing to bring it up in a fair nately, they wouldn’t take yes for an allow a debate and votes on the merits way. We will do it, I hope, early next answer. of the Patient’s Bill of Rights. We re- So they played games trying to turn year. quested that the Senate take up this it into an election year issue. I can see I would be glad to yield to the assist- issue before the August recess. ant majority leader, Senator NICKLES, it right now. People will try to run who has done great work on this. ads—maybe in my State—and say, In response, on June 24, Senator LOTT Mr. NICKLES. Mr. President, I am ‘‘NICKLES opposed Patients’ Bill of repeated his earlier unacceptable offer. disappointed that our colleagues on the Rights.’’ But the truth is, we had 50 co- On June 25, Senator DASCHLE pro- Democrat side of the aisle really have sponsors on this side of the aisle who posed an agreement in which Senator tried to play politics with this issue. cosponsored a Patients’ Bill of Rights LOTT would bring up a Republican Many of us were very, very serious that, in my opinion, and the belief of health care bill by July 6, so that Sen- about trying to pass a positive bill that the majority of the body, was far supe- ator DASCHLE could offer the Demo- dealt with HMO organizations, with rior to the bill that was proffered by cratic Patients’ Bill of Rights, and health care. We studied the issue for a our colleagues on the Democratic side other Senators could offer amendments long time. Senator DASCHLE said after of the aisle. It is unfortunate to me on HMO reform. We would agree to they realized the polls, they introduced that they wouldn’t take yes for an an- avoid amendments on any other sub- the bill in July. We worked 7 or 8 swer. They wouldn’t agree to a unani- ject. Only amendments related to the months trying to put a bill together mous consent request that would have Patients Bill of Rights would be eligi- that would be a responsible, positive allowed us to pass legislation and, in- ble for consideration. Senator LOTT re- bill to meet certain objectives. One, stead, resorted to some type of she- jected this offer as well. not increase the number of people in nanigan where they tried to get a vote On June 26, he offered once again an the uninsured category. Unfortunately, and then have the galleries filled with agreement that allowed him to with- I think that would have happened people in the House. under the Kennedy bill. It would have And so, ‘‘Oh, yes, we are really work- draw the legislation at any time, and dramatically increased the cost of in- ing to do this,’’ when all they were bar any further consideration of any surance and, therefore, dramatically looking for was an election year ad not health care legislation for the remain- increase the number of people who are to pass real legislation. der of the year. uninsured. We said, What can we do Mr. KENNEDY. Will the Senator On July 15, Senator LOTT made yet that would be a positive impact on yield? another offer. This time, he proposed helping people have affordable health Mr. President, I listened with inter- an agreement that permitted only one care and maybe provide some coverage est to the attempts of my good friends amendment. He could bring up bill. We and protections for those people who Senators LOTT and NICKLES to rewrite could bring up ours. And that would be don’t have it from their States, and so the history of the Patients’ Bill of it—all or nothing. No votes on key we put together a package to do that. Rights in this Congress. No amount of issues. S12128 CONGRESSIONAL RECORD — SENATE October 9, 1998 On July 29 and on September 1, the ators for a few votes, but he feared that good quality care—but too often they Republican leadership offered vari- the would not be willing to stand be- do not get it, because their insurance ations of this proposal, with amend- fore the American people on the Senate plan is more interested in profits than ments restricted to three for Demo- floor and cast vote after vote for the patients. crats and three for Republicans. special interests and against the inter- The Patients’ Bill of Rights provides Senator DASCHLE offered yet another ests of American families. The fun- simple justice and basic protection for reasonable approach to resolve the im- damental flaws in the Republican bill every one of the 160 million Americans passe that Senator LOTT had created by mean greater profits for insurance with private insurance. It is supported his efforts to prevent meaningful re- companies and lesser care for Amer- by the American Medical Association, form. He offered to agree to let the ican patients. Senator LOTT does not the Consortium of Citizens with Dis- Senate debate other bills during the want the Senate to vote to fix these abilities, the American Cancer Society, day, and use evenings to debate the Pa- flaws. He does not want a vote: on the American Heart Association, the tients’ Bill of Rights—but the Repub- whether all Americans should be cov- National Alliance for the Mentally Ill, lican leadership said, ‘‘no.’’ ered, or just one third of Americans as the National Partnership for Women Our patients’ Bill of Rights was in- the Republicans shamefully propose; on and Families, the National Association troduced in March—and a predecessor whether there should be genuine access of Children’s Hospitals, the AFL–CIO, bill was introduced by Congressman to emergency room care; on whether and many other groups representing DINGELL and myself more than eight- patients should have access to the spe- physicians and other health care pro- een months ago, at the beginning of cialists they need when they are seri- viders, children, women, families, con- this Congress. ously ill; on whether doctors should be sumers, persons with disabilities, Senator DASCHLE, in an effort to be free to give the medical advice they Americans with serious illnesses, small responsive to the Republican Leader’s deem appropriate, without fear of being businesses, and working families. ultimatum that an agreement on the fired by their HMO; on whether pa- It is rare for such a broad and diverse terms of the debate must be reached tients with incurable cancer or Alz- coalition to come together in support before the debate can begin, has offered heimer’s disease or other serious ill- of legislation. Both they have done so reasonable proposal after reasonable nesses should have access to quality to end these flagrant abuses that hurt propsal—and every one was rejected. clinical trials where conventional so many families. Yet the Republican leader has al- treatments offer no hope; on whether We serve notice today that this lowed the Senate to debate many other patients in the middle of a course of struggle is not over. The Republicans bills this year, with ample time and treatment can keep their doctor if in Congress and their friends in the in- ample opportunity for amendments. their health plan drops them from its surance industry may have won this We had 7 days of debate on the budg- network, or their employer changes year’s battle, but they will lose in the et resolution, and considered 105 health plans; on whether the special end. amendments. Two of those were offered health needs of the disabled, and Democrats in Congress intend to by Senator NICKLES. women, and children should be met; on make the Patients’ Bill of Rights the We had 6 days of debate on the de- whether patients should be able to ob- first order of business when the new fense authorization bill, and considered tain timely independent review of plan Congress convenes next January. We 150 amendments. Two of those were of- decisions that deny care; or on whether will continue to fight for meaningful fered by Senator LOTT and he cospon- health plans should be held responsible patient protections until they are sored 10 others. We had 8 days of debate in court for decisions that kill or in- signed into law. We will not give up on IRS reform and considered 13 jure patients. this struggle until every family can be amendments. The list of flaws in the Republican confident that a child or parent or We had 17 days of debate on tobacco bill goes on and on. grandparent who is ill will receive the legislation—a bill we never com- The Republican leadership’s record best care that American medicine can pleted—and considered 18 amendments. on this issue is painfully clear. Their provide. We had 5 days of debate on the agri- cynical strategy is to protect the in- Mr. LOTT addressed the Chair. culture appropriations bill and 55 surance industry at all costs, by block- The PRESIDING OFFICER. The ma- amendments. ing any reform at all, or by passing jority leader. We had 19 days of debate on the high- only a minimalist bill so weak that it Mr. LOTT. Mr. President, I ask for way bill, with 100 amendments. would be worse than no bill at all. And the yeas and nays on the pending com- The Republican leadership has al- today, they finally ended the charade— mittee substitute. lowed 5 days of debate and 24 amend- by moving to table a motion to bring The PRESIDING OFFICER. Will the ments to the bankruptcy bill. the bill passed by Republicans in the Senator withhold? They have allowed 36 amendments House before the Senate. f and 2 days of debate on the FAA bill. Last Friday, the Wall Street Journal All these bills were important, and reported that the Republican Congres- FINANCIAL SERVICES ACT OF 1998 all deserved reasonable debate and op- sional Campaign Committee held a The PRESIDING OFFICER. The portunities for amendments. They were $25,000-a-person fundraiser for a ‘‘select clerk will report. brought up without any undue restric- group’’ of health care industry execu- The legislative clerk read as follows: tions on debate. That is the normal tives. The heading for the article was, A bill (H.R. 10) to enhance competition in way of doing business on important ‘‘Politicians seek to profit from the de- the financial services industry by providing pieces of legislation in the Senate. bate over health care policies.’’ a prudential framework for the affiliation of The Republican leadership was will- The American people are sick of banks, securities firms, and other financial ing to have an adequate opportunity to health insurance companies that profit service providers, and for other purposes. debate and vote on these other impor- by abusing patients. And it is equally The Senate resumed consideration of tant measures. But when the issue is unacceptable that politicians should the bill. protecting American families instead profit by protecting those exorbitant Mr. LOTT. I now ask for the yeas and of insurance industry profits, different industry profits. nays on the pending committee sub- ground rules apply to protect the in- Every family in this country knows stitute. dustry and deny the rights of patients. that it will some day have to confront The PRESIDING OFFICER. Is there a The reason the Republican leadership the challenge of serious illness for a sufficient second? was unwilling to engage in a fair de- parent, or grandparent, or a child. There is a sufficient second. bate is obvious. Senator LOTT knows When that day comes, all of us want The yeas and nays were ordered. his legislation is deeply flawed, and the best possible medical care for our MOTION TO RECOMMIT that it cannot possibly be fixed with loved ones. Members of the ?Senate de- Mr. LOTT. I move to recommit H.R. just three amendments. He believes serve good medical care for their loved 10 back to the Banking Committee to that he and his special interest friends ones—and we generally get it. Every report back forthwith with an amend- can hold most of the Republican Sen- other family is equally deserving of ment. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12129 AMENDMENT NO. 3804 ‘‘(3) the deduction for alimony described in The PRESIDING OFFICER. The The PRESIDING OFFICER. The paragraph (10) of section 62(a) shall be al- clerk will report. clerk will report. lowed to the spouse who has the liability to The legislative clerk read as follows: pay the alimony, The legislative clerk read as follows: The Senator from Mississippi (Mr. LOTT) ‘‘(4) the deduction referred to in paragraph The Senator from Mississippi (Mr. LOTT) proposes an amendment numbered 3806 to (16) of section 62(a) (relating to contributions amendment No. 3805. proposes an amendment numbered 3804. to medical savings accounts) shall be al- Mr. LOTT. Mr. President, I ask unan- lowed to the spouse with respect to whose Mr. LOTT. Mr. President, I ask unan- imous consent that reading of the employment or self-employment such ac- imous consent that reading of the amendment be dispensed with. amendment be dispensed with. count relates, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ‘‘(5) the deductions allowable by section 151 (relating to personal exemptions) shall be de- objection, it is so ordered. objection, it is so ordered. termined by requiring each spouse to claim 1 The amendment is as follows: (The text of the amendment is print- personal exemption, Strike all after the first word and insert ed in today’s RECORD under ‘‘Amend- ‘‘(6) section 63 shall be applied as if such the following: ments Submitted.’’) spouses were not married, and SHORT TITLE. Mr. LOTT. I ask for the yeas and ‘‘(7) each spouse’s share of all other deduc- This Act may be cited as the ‘‘Marriage nays on the motion. tions (including the deduction for personal Tax Elimination Act’’. The PRESIDING OFFICER. Is there a exemptions under section 151(c)) shall be de- SEC. 2. COMBINED RETURN TO WHICH UNMAR- sufficient second? termined by multiplying the aggregate RIED RATES APPLY. There is a sufficient second. amount thereof by the fraction— (a) IN GENERAL.—Subpart B of part II of ‘‘(A) the numerator of which is such subchapter A of chapter 61 of the Internal The yeas and nays were ordered. spouse’s adjusted gross income, and Revenue Code of 1986 (relating to income tax AMENDMENT NO. 3805 TO INSTRUCTIONS TO ‘‘(B) the denominator of which is the com- returns) is amended by inserting after sec- RECOMMIT bined adjusted gross incomes of the 2 tion 6013 the following new section: Mr. LOTT. I send an amendment to spouses. ‘‘SEC. 6013A. COMBINED RETURN WITH SEPARATE the desk to the pending motion. Any fraction determined under paragraph (7) RATES. The PRESIDING OFFICER. The shall be rounded to the nearest percentage ‘‘(a) GENERAL RULE.—A husband and wife point. may make a combined return of income clerk will report. taxes under subtitle A under which— The legislative clerk read as follows: ‘‘(d) TREATMENT OF CREDITS.—Credits shall be determined (and applied against the joint ‘‘(1) a separate taxable income is deter- The Senator from Mississippi (Mr. LOTT) liability of the couple for tax) as if the mined for each spouse by applying the rules provided in this section, and proposes an amendment numbered 3805 to spouses had filed a joint return. ‘‘(2) the tax imposed by section 1 is the ag- the instructions to recommit. ‘‘(e) TREATMENT AS JOINT RETURN.—Except Mr. LOTT. Mr. President, I ask unan- as otherwise provided in this section or in gregate amount resulting from applying the separate rates set forth in section 1(c) to the regulations prescribed hereunder, for imous consent that reading of the each such taxable income. purposes of this title (other than sections 1 amendment be dispensed with. ‘‘(b) TREATMENT OF INCOME.—For purposes The PRESIDING OFFICER. Without and 63(c)) a combined return under this sec- of this section— objection, it is so ordered. tion shall be treated as a joint return. ‘‘(1) earned income (within the meaning of ‘‘(f) REGULATIONS.—The Secretary shall section 911(d)), and any income received as a The amendment is as follows: prescribe such regulations as may be nec- At the end of the Instructions, add the fol- pension or annuity which arises from an em- essary or appropriate to carry out this sec- ployer-employee relationship, shall be treat- lowing: tion.’’. SECTION 1. SHORT TITLE. ed as the income of the spouse who rendered (b) UNMARRIED RATE MADE APPLICABLE.— the services, and This Act may be cited as the ‘‘Marriage So much of subsection (c) of section 1 of such ‘‘(2) income from property shall be divided Tax Elimination Act’’. Code as precedes the table is amended to between the spouses in accordance with their SEC. 2. COMBINED RETURN TO WHICH UNMAR- read as follows: respective ownership rights in such property. RIED RATES APPLY. ‘‘(c) SEPARATE OR UNMARRIED RETURN ‘‘(c) TREATMENT OF DEDUCTIONS.—For pur- (a) IN GENERAL.—Subpart B of part II of RATE.—There is hereby imposed on the tax- poses of this section— subchapter A of chapter 61 of the Internal able income of every individual (other than a ‘‘(1) except as otherwise provided in this Revenue Code of 1986 (relating to income tax married individual (as defined in section subsection, the deductions allowed by sec- returns) is amended by inserting after sec- 7703) filing a joint return or a separate re- tion 62(a) shall be allowed to the spouse tion 6013 the following new section: turn, a surviving spouse as defined in section treated as having the income to which such ‘‘SEC. 6013A. COMBINED RETURN WITH SEPARATE 2(a), or a head of household as defined in sec- deductions relate, RATES. tion 2(b)) a tax determined in accordance ‘‘(2) the deduction for retirement savings ‘‘(a) GENERAL RULE.—A husband and wife with the following table:’’. described in paragraph (7) of section 62(a) may make a combined return of income (c) BASIC STANDARD DEDUCTION FOR UNMAR- shall be allowed to the spouse for whose ben- taxes under subtitle A under which— RIED INDIVIDUALS MADE APPLICABLE.—Sub- efit the savings are maintained, ‘‘(1) a separate taxable income is deter- paragraph (C) of section 63(c)(2) of such Code ‘‘(3) the deduction for alimony described in mined for each spouse by applying the rules is amended to read as follows: paragraph (10) of section 62(a) shall be al- provided in this section, and ‘‘(C) $3,000 in the case of an individual who lowed to the spouse who has the liability to ‘‘(2) the tax imposed by section 1 is the ag- is not— pay the alimony, gregate amount resulting from applying the ‘‘(i) a married individual filing a joint re- ‘‘(4) the deduction referred to in paragraph separate rates set forth in section 1(c) to turn or a separate return, (16) of section 62(a) (relating to contributions each such taxable income. ‘‘(ii) a surviving spouse, or to medical savings accounts) shall be al- ‘‘(b) TREATMENT OF INCOME.—For purposes ‘‘(iii) a head of household, or’’. lowed to the spouse with respect to whose of this section— (d) CLERICAL AMENDMENT.—The table of employment or self-employment such ac- ‘‘(1) earned income (within the meaning of sections for subpart B of part II of sub- count relates, section 911(d)), and any income received as a chapter A of chapter 61 of such Code is ‘‘(5) the deductions allowable by section 151 pension or annuity which arises from an em- amended by inserting after the item relating (relating to personal exemptions) shall be de- ployer-employee relationship, shall be treat- to section 6013 the following: termined by requiring each spouse to claim 1 ed as the income of the spouse who rendered ‘‘Sec. 6013A. Combined return with separate personal exemption, the services, and rates.’’ ‘‘(6) section 63 shall be applied as if such ‘‘(2) income from property shall be divided spouses were not married, and (e) EFFECTIVE DATE.—The amendments between the spouses in accordance with their ‘‘(7) each spouse’s share of all other deduc- made by this section shall apply to taxable respective ownership rights in such property. tions (including the deduction for personal years beginning January 1, 2000. ‘‘(c) TREATMENT OF DEDUCTIONS.—For pur- exemptions under section 151(c)) shall be de- poses of this section— Mr. LOTT. I ask for the yeas and termined by multiplying the aggregate ‘‘(1) except as otherwise provided in this nays. amount thereof by the fraction— subsection, the deductions allowed by sec- The PRESIDING OFFICER. Is there a ‘‘(A) the numerator of which is such tion 62(a) shall be allowed to the spouse sufficient second? spouse’s adjusted gross income, and treated as having the income to which such There is a sufficient second. ‘‘(B) the denominator of which is the com- deductions relate, The yeas and nays were ordered. bined adjusted gross incomes of the 2 ‘‘(2) the deduction for retirement savings spouses. described in paragraph (7) of section 62(a) AMENDMENT NO. 3806 TO AMENDMENT NO. 3805 Any fraction determined under paragraph (7) shall be allowed to the spouse for whose ben- Mr. LOTT. I send a second-degree shall be rounded to the nearest percentage efit the savings are maintained, amendment to the desk. point. S12130 CONGRESSIONAL RECORD — SENATE October 9, 1998 ‘‘(d) TREATMENT OF CREDITS.—Credits shall Mr. CAMPBELL addressed the Chair. Mr. SMITH of New Hampshire. Mr. be determined (and applied against the joint The PRESIDING OFFICER (Mr. ROB- President, I ask unanimous consent liability of the couple for tax) as if the ERTS). The Senator from Colorado. that reading of the conference report spouses had filed a joint return. Mr. CAMPBELL. Mr. President, I ask be dispensed with. ‘‘(e) TREATMENT AS JOINT RETURN.—Except The PRESIDING OFFICER. Is there as otherwise provided in this section or in unanimous consent further reading of the regulations prescribed hereunder, for the bill be dispensed with. objection? purposes of this title (other than sections 1 The PRESIDING OFFICER. Is there Mr. DURBIN. Mr. President, I object. and 63(c)) a combined return under this sec- objection? The PRESIDING OFFICER. Objec- tion shall be treated as a joint return. Mr. REID. Objection. tion is heard. ‘‘(f) REGULATIONS.—The Secretary shall The PRESIDING OFFICER. Objec- The legislative clerk continued with prescribe such regulations as may be nec- tion is heard. The clerk will continue the reading of the conference report. essary or appropriate to carry out this sec- to read. Mr. HELMS. Mr. President, in order tion.’’. The assistant legislative clerk con- for the U.S. Senate to conduct the peo- (b) UNMARRIED RATE MADE APPLICABLE.— ple’s business, despite the delay and So much of subsection (c) of section 1 of such tinued the reading of the conference re- port. frustration of the other party, I ask Code as precedes the table is amended to unanimous consent that reading of the read as follows: Mr. WELLSTONE addressed the ‘‘(c) SEPARATE OR UNMARRIED RETURN Chair. conference report be dispensed with. RATE.—There is hereby imposed on the tax- The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Is there able income of every individual (other than a SMITH of New Hampshire). The Senator objection? married individual (as defined in section from Minnesota. Mr. DURBIN. Mr. President, I object. The PRESIDING OFFICER. Objec- 7703) filing a joint return or a separate re- Mr. WELLSTONE. Mr. President, I turn, a surviving spouse as defined in section tion is heard. yield the floor. 2(a), or a head of household as defined in sec- The legislative clerk continued with The PRESIDING OFFICER. The tion 2(b)) a tax determined in accordance the reading of the conference report. with the following table:’’. clerk will proceed. Mr. SMITH of New Hampshire. Mr. (c) BASIC STANDARD DEDUCTION FOR UNMAR- The assistant legislative clerk con- President, in order that the Senate RIED INDIVIDUALS MADE APPLICABLE.—Sub- tinued the reading of the conference re- might conduct the people’s business, I paragraph (C) of section 63(c)(2) of such Code port. ask unanimous consent that reading of is amended to read as follows: Mr. CAMPBELL addressed the Chair. ‘‘(C) $3,000 in the case of an individual who the conference report be dispensed The PRESIDING OFFICER. The Sen- with. is not— ator from Colorado is recognized. ‘‘(i) a married individual filing a joint re- The PRESIDING OFFICER. Is there turn or a separate return, Mr. CAMPBELL. I ask unanimous objection? ‘‘(ii) a surviving spouse, or consent that the reading of the con- Mr. DURBIN. Mr. President, I object. ‘‘(iii) a head of household, or’’. ference report be dispensed with. The PRESIDING OFFICER. Objec- (d) CLERICAL AMENDMENT.—The table of Mr. GRAHAM. Mr. President, on be- tion is heard. sections for subpart B of part II of sub- half of Senator REID, I object. The legislative clerk continued with chapter A of chapter 61 of such Code is The PRESIDING OFFICER. Objec- the reading of the conference report. amended by inserting after the item relating tion is heard. The clerk will continue Mr. HELMS. Mr. President, in order to section 6013 the following: reading the report. that the Democrats not put the Senate ‘‘Sec. 6013A. Combined return with separate The assistant legislative clerk con- in a stalemate, I ask unanimous con- rates.’’ tinued the reading of the conference re- sent that reading of the conference re- (e) EFFECTIVE DATE.—The amendments port. port be dispensed with. made by this section shall apply to taxable Mr. SMITH of New Hampshire. Mr. The PRESIDING OFFICER. Is there years beginning after the date of the enact- President, I ask unanimous consent objection? ment of this Act. that the further reading of the con- Mr. DURBIN. Mr. President, I object. f ference report be dispensed with. The PRESIDING OFFICER. Objec- TREASURY, AND GENERAL GOV- Mr. DURBIN. Mr. President, I object. tion is heard. The legislative clerk continued with ERNMENT APPROPRIATIONS ACT, The PRESIDING OFFICER (Mr. the reading of the conference report. 1999—CONFERENCE REPORT HAGEL). Objection is heard. The legislative clerk continued with Mr. SMITH of New Hampshire. Mr. Mr. LOTT. I now ask unanimous con- the reading of the conference report. President, I ask unanimous consent sent that the Senate proceed to the Mr. HELMS. Mr. President, I ask that reading of the conference report Treasury-Postal Service appropriations unanimous consent that further read- be dispensed with. conference report and that the con- ing of the conference report be dis- The PRESIDING OFFICER. Is there ference report be considered as having pensed with. objection? been read. Mr. DURBIN. Mr. President, I object. Mr. DURBIN. Mr. President, I object. The PRESIDING OFFICER. Objec- Mr. REID addressed the Chair. The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. The Sen- tion is heard. tion is heard. The legislative clerk continued with ator from Nevada. The legislative clerk continued with Mr. REID. I ask unanimous consent the reading of the conference report. the reading of the conference report. Mr. HELMS. Mr. President, in order that the report be read. Mr. SMITH of New Hampshire. Mr. The PRESIDING OFFICER. Is there to save a little time, I have ordered President, I ask unanimous consent some Tinkertoys for the Democrats to objection to the request? that further reading of the report be Mr. REID. Objection. play with. I, therefore, ask unanimous dispensed with. consent that reading of the conference MOTION TO PROCEED Mr. DURBIN. Mr. President, I object. report be dispensed with. Mr. LOTT. There is objection. There- The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Is there fore, I now move to proceed to the con- tion is heard. objection? ference report. The legislative clerk continued with Mr. DURBIN. Mr. President, I object. Several Senators addressed the the reading of the conference report. The legislative clerk continued with Chair. Mr. HELMS. Mr. President, I ask the reading of the conference report. Mr. REID. I ask that the report be unanimous consent that reading of the Mr. SMITH of New Hampshire. Mr. read. conference report be dispensed with. President, I again ask unanimous con- The PRESIDING OFFICER (Mr. GOR- The PRESIDING OFFICER. Is there sent that reading of the conference re- TON). The Senator from Nevada has objection? port be dispensed with. that right. Mr. DURBIN. Mr. President, I object. The PRESIDING OFFICER. Is there The clerk will read the conference re- The PRESIDING OFFICER. Objec- objection? port. tion is heard. Mr. DURBIN. Mr. President, I object. The assistant legislative clerk pro- The legislative clerk continued with Protecting the rights of the majority ceeded to read the conference report. the reading of the conference report. under the rules of the Senate, I object. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12131 The PRESIDING OFFICER. Objec- The clerk will report. The PRESIDING OFFICER. Is there tion is heard. The legislative clerk continued with objection? The legislative clerk continued with the reading of the conference report. Mr. REID. I object. the reading of the conference report. Mr. SMITH of New Hampshire. I The PRESIDING OFFICER. Objec- Mr. HELMS. Mr. President, point of make a unanimous consent request tion is heard. parliamentary inquiry. that further reading of the conference The legislative clerk continued with The PRESIDING OFFICER. Par- report be suspended. the reading of the conference report. liamentary inquiry is not in order. Mr. DURBIN. Objection. Mr. SMITH of New Hampshire. Mr. Mr. HELMS. Mr. President, I ask The PRESIDING OFFICER. The Sen- President, on behalf of those who favor unanimous consent that reading of the ator from Illinois. the Jacksonville, FL, and Orlando, FL, conference report be dispensed with as Mr. DURBIN. Objection. courthouse construction, I ask that it should be. Mr. REID. Objection. further reading—I ask unanimous con- The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Objec- sent that further reading of the con- objection? tion is heard. ference report be dispensed with. Mr. DURBIN. Mr. President, I object. The clerk will report. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Objec- The legislative clerk continued with objection? tion is heard. the reading of the conference report. Mr. GRAHAM. Mr. President, on be- Mr. HELMS addressed the Chair. The legislative clerk continued with half of those who also favor the Jack- The PRESIDING OFFICER. The Sen- the reading of the conference report. sonville and Orlando courthouse con- ator from North Carolina. Mr. SMITH of New Hampshire. Mr. struction, I object. Mr. HELMS. Again, I ask that this President, in order to conduct the peo- The PRESIDING OFFICER. Objec- absurdity be brought to an end so the ple’s business, I again ask unanimous tion is heard. consent that reading of the conference Senate can conduct its business. Mr. REID. Is there a question? I The legislative clerk continued and report be dispensed with. concluded the reading of the con- The PRESIDING OFFICER. Is there didn’t understand what he said. ference report. objection? Mr. HELMS. Mr. President, I think (The text of the conference report is Mr. DURBIN. Mr. President, in order the Senator understood. I think we printed in the House proceedings of the to protect the rights of thousands of ought to stop this absurdity, and stop RECORD of October 7, 1998.) Federal women, Federal employees it now, and do the people’s business. The PRESIDING OFFICER. The who are women, who are denied health The PRESIDING OFFICER. Is there question now occurs on the motion to care, I object. objection? proceed. Mr. SMITH of New Hampshire. Regu- Mr. REID. On behalf of 1.3 million Mr. REID. Mr. President, I suggest lar order, Mr. President. Federal women who are covered Mr. HELMS. Mr. President, regular under—— the absence of a quorum. order. The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. The The PRESIDING OFFICER. Objec- tion is heard. clerk will call the roll. tion is heard. The clerk will report. The assistant legislative clerk pro- The legislative clerk continued with The legislative clerk continued with ceeded to call the roll. the reading of the conference report. the reading of the conference report. Mr. CAMPBELL. Mr. President, I ask Mr. HELMS. Mr. President, I ask Mr. HELMS addressed the Chair. unanimous consent that the order for unanimous consent that this absurdity The PRESIDING OFFICER. The Sen- the quorum call be rescinded. be brought to an end. ator from North Carolina. The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Is there Mr. HELMS. I ask unanimous con- BURNS). Without objection, it is so or- objection? sent that further reading of the con- dered. Mr. DURBIN. Mr. President, I object. ference report be dispensed with. Mr. CAMPBELL. Mr. President, I ask The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Is there for the yeas and nays on the pending tion is heard. objection? motion. The legislative clerk continued with Mr. REID. Objection. The PRESIDING OFFICER. Is there a the reading of the conference report. The PRESIDING OFFICER. Objec- sufficient second? Mr. SMITH of New Hampshire. Mr. tion is heard. There appears to be a sufficient sec- President, I again ask unanimous con- The legislative clerk continued with ond. sent that reading of the conference re- the reading of the conference report. The yeas and nays were ordered. port be dispensed with until we con- Mr. SMITH of New Hampshire ad- The PRESIDING OFFICER. The duct the people’s business. dressed the Chair. question is on agreeing to the motion The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- to proceed to the conference report. objection? ator from New Hampshire. The yeas and nays have been ordered. Mr. DURBIN. Mr. President, objec- Mr. SMITH of New Hampshire. On be- The clerk will call the roll. tion. half of the customs and drug enforce- The assistant legislative clerk called The PRESIDING OFFICER. Objec- ment employees in our U.S. Govern- the roll. tion is heard. ment, I ask unanimous consent that Mr. FORD. I announce that the Sen- The legislative clerk continued with further reading of the conference re- ator from Ohio (Mr. GLENN), the Sen- the reading of the conference report. port be dispensed with. ator from South Carolina (Mr. HOL- Mr. HELMS. Mr. President, I con- The PRESIDING OFFICER. Is there LINGS), and the Senator from Min- gratulate the Senator from Illinois on objection? nesota (Mr. WELLSTONE) are nec- having brought this absurdity to the Mr. REID. On behalf of—— essarily absent. floor. The PRESIDING OFFICER. The Sen- I further announce that, if present Mr. DURBIN. Mr. President, regular ator from Nevada. and voting, the Senator from Min- order. Mr. REID. 3.6 million unintended nesota (Mr. WELLSTONE) would vote The PRESIDING OFFICER. Objec- pregnancies every year, I object. ‘‘no.’’ tion is heard. The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Are there The clerk will report. tion is heard. any other Senators in the Chamber de- The legislative clerk continued with The legislative clerk continued with siring to vote? the reading of the conference report. the reading of the conference report. The result was announced—yeas 58, Mr. SMITH of New Hampshire. Mr. Mr. HELMS addressed the Chair. nays 39, as follows: President, I make a point of order that The PRESIDING OFFICER. The Sen- [Rollcall Vote No. 312 Leg.] the reading is dilatory and irrespon- ator from North Carolina. sible and again make a request—— Mr. HELMS. I renew my request that YEAS—58 The PRESIDING OFFICER. The further reading of the conference re- Abraham Ashcroft Bond point of order is not well taken. port be dispensed with. Allard Bennett Brownback S12132 CONGRESSIONAL RECORD — SENATE October 9, 1998 Burns Gramm McConnell locked in here in the next few minutes. some things, then we will probably get Byrd Grams Murkowski Campbell Grassley Nickles The main point is we will have one agreements on all things. They are all Chafee Gregg Roberts more vote. interrelated. We will have to see how Coats Hagel Roth Then, other than unanimous consent that plays out. Cochran Hatch Santorum requests or voice votes, the only votes Mr. LEAHY. I am prepared to pray Collins Helms Sessions Coverdell Hutchinson Shelby we would expect for the balance of this and consult with the distinguished Craig Hutchison Smith (NH) year would be on a continuing resolu- leader. D’Amato Inhofe Smith (OR) tion, if necessary, and the omnibus ap- Mr. LOTT. I appreciate that attitude DeWine Jeffords Specter propriations bill. of the Senator from Vermont. He has Domenici Kempthorne Stevens Enzi Kohl Thomas Now, I will need to confer further been very helpful, and he continues to Faircloth Kyl Thompson with Senator DASCHLE. We will cer- remind me of the need for these judges. Ford Lott Thurmond tainly keep Members informed as to Mr. CRAIG. Will the leader yield for Frist Lugar Warner Gorton Mack what the schedule may be. Negotia- a moment? Graham McCain tions are continuing with regard to all Mr. LOTT. Yes. of the different issues that are pending NAYS—39 f on the omnibus appropriations bill. We Akaka Durbin Lieberman BIRTHDAY WISHES FOR SENATOR expect to work this weekend. We hope Baucus Feingold Mikulski LOTT Biden Feinstein Moseley-Braun we will have this completed to possibly Bingaman Harkin Moynihan vote on Monday. If that is not possible, Mr. CRAIG. Mr. President, on behalf Boxer Inouye Murray we will let Members know as soon as of all of us here on the floor and all col- Breaux Johnson Reed Bryan Kennedy Reid some determination is made. For now, leagues here in the Senate, we know Bumpers Kerrey Robb we will expect a vote in a couple of this is a stressful day. It should actu- Cleland Kerry Rockefeller hours, and then we would go to the ally be a joyful day for Senator LOTT. Conrad Landrieu Sarbanes It is his birthday and we wish him a Daschle Lautenberg Snowe vote on the bankruptcy bill. That Dodd Leahy Torricelli would be it as far as recorded votes for happy birthday. Dorgan Levin Wyden tonight. [Applause.] NOT VOTING—3 Mr. DASCHLE. Will the majority Mr. LOTT. Thank you all very much. It is a joyful day. I resented when Sen- Glenn Hollings Wellstone leader will yield? Mr. LOTT. Yes. ator DASCHLE came over and told me he The motion was agreed to. Mr. DASCHLE. Mr. President, I have was only about 50, reminding me of his f been getting questions about what our youth. Then Senator STROM THURMOND intentions are with regard to a new CR. welcomed me into his range of age. I TREASURY AND GENERAL GOV- My understanding is that we would be don’t know quite what that meant. Ac- ERNMENT APPROPRIATIONS ACT, contemplating a CR that would take us tually, in spite of all the things we 1999—CONFERENCE REPORT at least through Monday. have working, it has been a great day. The PRESIDING OFFICER. The Mr. LOTT. That’s correct. We have Actually, I enjoy every day here and I clerk will report the conference report. discussed that with administration of- appreciate the friendship of all of you The legislative clerk read as follows: ficials this morning. They indicated on both sides of the aisle. The committee on conference on the dis- that they understood it was just a Mr. BUMPERS. Mr. President, not to agreeing votes of the two Houses on the physical problem in terms of getting be the skunk at the lawn party, but amendment of the Senate to the bill (H.R. final agreements and getting paper- that reminds me of a story I feel like I 4104), have agreed to recommend and do rec- work ready, and a short-term CR would have to share with you. Recently, in ommend to their respective Houses this re- be no problem from their viewpoint. I the caucus, Senator DASCHLE an- port, signed by a majority of the conferees. discussed that with you. We anticipate nounced the birthdays of three Sen- The PRESIDING OFFICER. Without a CR that would take us until Monday ators that would occur in the ensuing objection, the Senate will proceed to at midnight. So there would be no week. He named them, and JOHN GLENN the consideration of the conference re- question that we are still working, and was one of them, and I forget the other port. there is no threat of a Government two. BARBARA MIKULSKI was one. Ev- (The conference report is printed in shutdown, while we continue to count erybody applauded, and I turned to the House proceedings of the RECORD of on our appropriators to do their work, Senator TORRICELLI and said, ‘‘Isn’t it October 7, 1998.) and we hope to get it completed this strange that we applaud birthdays in The PRESIDING OFFICER. The dis- weekend. this country?’’ He said, ‘‘It is an Amer- tinguished majority leader. Mr. LEAHY. Will the leader yield for ican anachronism that we applaud the f a question? march toward death.’’ Mr. LOTT. Yes. Mr. LOTT. Was that supposed to be ORDER OF PROCEDURE Mr. LEAHY. Mr. President, I tell my humorous? Mr. LOTT. Mr. President, for the in- friend from Mississippi, we have on the Mr. DODD. Will the leader yield? formation of all Senators, I know there calendar 22 Federal judges pending, Mr. LOTT. Mr. President, I yield to is a lot of interest in trying to deter- plus another 5 or 6 court of claims. Can Senator DODD for a question. mine what the schedule will be for the the distinguished leader give us any ad- Mr. DODD. Mr. Leader, I don’t want balance of the day and perhaps even vice on what might happen? to disrupt your birthday, but I have a the weekend. Mr. LOTT. I have been working dili- unanimous-consent request I want to It is obvious because of the feelings gently to get some of the more con- make at an appropriate time, which I of the Senator from Nevada, Senator troversial judges done. We did have a suspect the majority will object to. I REID, with regard to the Treasury and couple votes. I was trying to get Paez want to be able to do it before we move Postal Service appropriations con- done today. The time is going to be on to the next order of business. I don’t ference report, that he does not intend consumed by reading the Treasury/ know the plan here. to allow the Senate to have a vote on Postal Service conference report and Mr. LOTT. If we could complete com- the conference report itself anytime now the appearance of having to read ments on this, and then you will have soon. the Bankruptcy Reform conference re- an opportunity to do that. You have Therefore, as we approach the end of port. So that has been pushed aside. I put me on notice, but let us try to do this session, we will probably have a tried to move three nominations last this. vote, if we can get some accommoda- night. It was objected to. We are in the Mr. BYRD. Will the leader yield to tion here—I think we may—within a usual last days of the session where ev- me? couple of hours, on or in relation to the erybody is holding this one on the basis Mr. LOTT. I am delighted to yield to bankruptcy bill. So we should expect of that one. I think where we are is, Senator BYRD. another recorded vote in about 2 hours. over the next few days as we make Mr. BYRD. Mr. President, I was lis- We will need, hopefully, to get that progress, if we can get agreements on tening to the debate going on on the October 9, 1998 CONGRESSIONAL RECORD — SENATE S12133 floor and I heard that it was someone’s Senator HUTCHISON, was blocking the Mr. KOHL. Mr. President, I agree birthday. For those in the galleries bill because it contained language to with much of what my colleague, Sen- who wish to make note of it, I am 29,544 name a post office building in St. Paul ator CAMPBELL, has said about this bill. days old today. It is not my birthday, for former Senator Eugene McCarthy. It is a good bill. It provides sufficient but I am 29,544 days old. I want to con- For the RECORD, I want to say that is appropriations for the Department of gratulate our leader on his birthday. absolutely not true. At no time, did she the Treasury and the independent Mr. LOTT. Thank you, sir. ever disagree with this bill, and in fact agencies. But, since this bill left the Mr. BYRD. I say to the leader: that language is in the bill. I wanted to Senate floor, it changed in ways that Count your garden by the flowers, make that part of the RECORD. made it impossible for me to sign the Never by the leaves that fall; The ranking member of our sub- conference report. Count your days by the sunny hours, committee, Senator KOHL, and I con- First, the good news. The conference Not remembering clouds at all. tinued to place greater emphasis on report before us is silent on the issue of Count your nights by stars, not shadows; treasury law enforcement, which is a staffing the Federal Election Commis- Count your life by smiles, not tears; central focus of this bill, and tried to sion. I am very pleased we have decided And on this beautiful [October] afternoon, ensure that agents and inspectors have to avoid a partisan battle on this issue. [leader,] Unfortunately, several other changes Count your age by friends, not years. the tools to do their job. I certainly ap- preciate Senator KOHL’s support and to the bill were made after the con- Mr. LOTT. Thank you very much. hard work. ference—and these make the bill much [Applause.] There is much in this conference re- worse. Mr. LOTT. Mr. President, only the port that deserves the support of the First, the Senate bill contained a distinguished Senator BYRD would be Senate: provision that would have provided for able to come to the floor and have po- $128 million for the IRS customer the adjustment of the status of Hai- etry that he could quote on the spur of service initiative, and to restructure tians. This provision, which had bipar- the moment. I always enjoy his re- and reform their long overdue oper- tisan Senate support, would allow marks so much. Thank you, Senator ation. 40,000 Haitian refugees who have been BYRD. $2 million for low-income taxpayers in this country since 1995, to stay per- f clinic. manently. Last year Congress provided $2.4 million to double the staffing for this same type of correction for 150,000 TREASURY AND GENERAL GOV- the cyber-smuggling unit at the Cus- Nicaraguans and 5,000 Cubans. The con- ERNMENT APPROPRIATIONS toms Service to stop child pornog- ference report before us drops that pro- ACT—CONFERENCE REPORT raphy, plus an additional $1 million for vision—despite the fact that it was The Senate continued with the con- technology to assist in this effort. agreed to by all conferees. sideration of the conference report. $13 million for grants to state and Second, the Senate bill contained a Mr. LOTT. Mr. President, I yield 5 local law enforcement for gang resist- provision that would address the re- minutes at this time to the chairman ance education and training programs, quirements of providing quality child of the subcommittee, Senator CAMP- called GREAT programs—$3 million care in Federal facilities. This meas- BELL. I thank him for his work on this more than the President actually had ure, proposed by Senator JEFFORDS, bill. He has worked very hard. The requested. would simply make sure that Federal problems we have were not caused by $6 million to allow eligible State and child care facilities operate under rea- him, but by difficulties in the House of local law enforcement to acquire bal- sonable quality standards. In addition, Representatives. I thank the Senator listics identification and comparison it would bring under Federal regula- for the effort that he put into this leg- computer systems for both bullets and tion the child care centers run by Con- islation. We will get it done before the cartridge cases. gress—child care centers that operate day is done—maybe not this day, but There is another $27 million to con- now completely unregulated by local, before the day is done. tinue and expand the Youth Crime Gun state, or Federal law. The conference report before us drops Mr. CAMPBELL. I thank the major- Interdiction Initiative to help stop gun this provision—which until now was ity leader. Whether this bill is pulled trafficking to our youth. uncontroversial. I find it unacceptable down or proceeds is yet to be deter- There is $182 million for the high-in- tensity drug trafficking areas, known that Congress would use the last mined. I would like to make a few com- minute legislative rush to exempt ments about the bill. Senator KOHL and as HIDTAs, and $13 million to continue the program to transfer technology to itself from basic health and safety I, as well as our staffs, worked very standards for the children in its care. hard on this bill. It seemed like the State and local law enforcement. Courthouse construction projects, as And, third, this conference report longer it hung out there the more drops language—adopted by a biparti- lightning it drew. I want comment on a well as repair and alterations of cur- rent Federal facilities, were also in- san majority in both Houses—that few provisions in it. would provide Federal employees with This report provides funding for the cluded. There is $185 million for a second health insurance coverage for contra- Department of Treasury, the U.S. Post- year of a very successful antidrug ception. Again it is unacceptable that al Service, the Executive Office of the youth media campaign that was admin- an extreme minority should be able to President, and various independent istered by the drug czar. prevail on this. Close to half of all agencies, as our colleagues know. All in all, Mr. President, I think it is pregnancies in the United States are Although this has not been an easy a good bill. We worked very hard. unintended, and tragically, those unin- bill to complete, because of the funding I am just here to say I am sorry that tended pregnancies often led to abor- constraints as well as controversial some of these rather divisive riders tion. By providing federal workers with issues, I think we did as good a job as that ended up being on the bill ended the most appropriate and safe means of we could, accommodating as many re- up making it so controversial. But the contraception, we can reduce the num- quests as we could from our colleagues. underlying fact of the bill, the mission ber of abortions performed and increase The most difficult issues for the con- of the bill, has great intentions. It is a the number of children who are born ferees were not about money, but about good bill. wanted, planned for, and loved. legislative riders to this appropriations I just wanted to again thank Senator We in the Senate made good deci- bill. There were some very strong opin- KOHL for all of his work on it. I hope sions when we passed the Treasury- ions on both sides on these riders and we proceed forward with it. I am realis- General Government appropriations that did end up stalling the bill. tic enough to know that it is in trou- bill. It is disappointing that so many of But I am concerned about one arti- ble. those decisions have been overturned cle. As I mentioned, during the heat of With that, I yield the floor, Mr. in last minute, partisan negotiations. the debate, there were some strong President. The White House has promised that opinions. I was concerned about an ar- Mr. KOHL addressed the Chair. they will work with us to get the Hai- ticle appearing in the October 7 Hill The PRESIDING OFFICER. The Sen- tian fairness, child care and contracep- that implied the Senator from Texas, ator from Wisconsin. tion provisions included in the omnibus S12134 CONGRESSIONAL RECORD — SENATE October 9, 1998 funding bill. Based on that assurance, expectation that the Director of OMB tragedy, including horrors so awful as and knowing of the many other strong to make the required changes within 90 to be almost imaginable. provisions retained in the conference days of enactment and that awarding To allow such human rights viola- report, I will vote for passage. But I do agencies to issue new regulations im- tions to occur so close to home while so with great disappointment at how plementing the amended Circular with- doing nothing would have been incon- this bill has been altered in the last in one year of enactment. As is true sistent with the stated goals of our for- few days and great hope that the demo- with the existing OMB Circular A–110, eign policy. So in 1991, the U.S. took in cratic decisions overturned will be re- the amended Circular shall apply to all persons fleeing Haiti at Guantanamo stored in the final omnibus appropria- Federally funded research, regardless Bay, Cuba. After intense screening, tions measure. of the level of funding or whether the many of these individuals were paroled One last note, I want to thank the award recipient is also using non-Fed- into the U.S. to apply affirmatively for staff members who have worked so eral funds. I want to thank my col- asylum. Between the 1991 and May of tirelessly to bring this bill to the floor. league from Alabama for his leadership 1992, over 30,000 Haitians were inter- Pat Raymond and Tammy Perrin of on this important issue and his efforts viewed. Under one-third of these indi- Senator CAMPBELL’s staff have always to safeguard the public’s right to know. viduals were paroled into the U.S. to been helpful and professional in their Mr. SHELBY. I thank the Majority seek asylum. dealings with us—their demeanor has Leader and Chairman CAMPBELL for Around Memorial day in 1992, Bush allowed us to put this bill together in their support. The lack of public access issued the ‘‘Kennebunkport Order,’’ a truly bipartisan way. Paul Bock, my to research data feeds general public ending the asylum screening process at chief of staff, approached this bill as he mistrust of the government and under- Guantanamo Bay, an action which be- does everything: with intelligence and mines support for major regulatory came an issue during the 1992 presi- a healthy sense of humor. And my programs. This measure was long over- dential elections. A refugee program deepest gratitude is for my clerk, Bar- due and it represents a first step in en- began operating in Port-au-Prince. bara Retzlaff, who has boundless en- suring that the public has access to all This practice continued until 1994, ergy, complete mastery of the pro- studies used by the Federal govern- when President Clinton reinstated a grams she monitors, and incredible pa- ment to develop Federal policy. screening process in military hospital tience—with me and with this year’s ∑ Ms. MOSELEY-BRAUN. Mr. Presi- ship in Kingston Harbor, Jamaica. De- torturous negotiations. Thank you all. dent, I want to note my disappoint- mocracy was restored in Haiti in the PUBLIC ACCESS TO GOVERNMENT RESEARCH ment that the permanent relief for Hai- fall of 1994. DATA tian refugees that I and many others in The individuals that I am talking Mr. LOTT. Mr. President, I would this body have worked to make law has about today are the children, wives, like to take a moment to thank the been dropped from the Treasury Appro- brothers, and sisters of soldiers and ac- Senator from Alabama and the Chair- priations Conference Report. tivists who stood up for democracy in man of the Treasury and General Gov- This effort began last year during de- Haiti. They fled to this country for ref- ernment Appropriations Subcommittee bate of the D.C. Appropriations bill, uge. They played by our rules. In the for their diligent efforts to develop leg- which included language that granted time that they’ve been here, they’ve islation that will provide the public certain Central Americans access to built homes, paid taxes, had families in with access to federally funded re- the ‘‘suspension of deportation’’ proce- our country. These individuals are search data. The Conference Report for dure, but Haitians were not granted owed nothing less than treatment the Treasury and General Government this access. And you may recall that equal to that already provided to the Appropriations Act for FY 99 currently while I supported granting relief to the Eastern European and Central Euro- before us requires the Director of OMB affected class of Central Americans, I, pean refugees residing in our Nation. to amend OMB Circular A–110 to re- along with several of my colleagues I regret that the Conferees decided at quire Federal awarding agencies to en- here in the Senate and the House, the last moment to strip the Haitian sure that all research results, including fought vigorously for additional provi- refugee relief provision from the Treas- underlying research data, funded by sions for Haitian refugees. ury-Postal Appropriations bill, but I the Federal government are made Although we were unsuccessful in would like to urge Senators LOTT and available to the public through the pro- that effort, we later introduced S. 1504, DASCHLE to consider adding this provi- cedures established under the Freedom Haitian Immigrations Fairness Act of sion to any omnibus appropriations of Information Act. This provision rep- 1997, legislation that would provide measures that may be considered in resents a critical step forward in assur- Haitian refugees permanent residency the upcoming days.∑ ing that the public has access to the re- status. During the course of this year, Mr. MCCAIN. Mr. President, I want search and underlying data used by the this legislation was reported favorably to thank the managers of this bill for Federal government in developing pol- out of the Judiciary committee and their hard work in putting forth this icy and rules. passed by the Senate as a provision of legislation which provides federal fund- Mr. CAMPBELL. I thank the Major- the Treasury-Postal Appropriations ing for numerous vital programs. How- ity Leader and my colleague from Ala- Fiscal Year 1999 bill. Eventually, this ever, I am sad to say, once again, I find bama for his leadership on this issue. language was agreed to by the Con- myself in the unpleasant position of The gentleman is correct. The lan- ferees on the Treasury-Postal Appro- speaking before my colleagues about guage included in the Conference Re- priations bill. Unfortunately, due to unacceptable levels of parochial port will require Federal agencies to last-minute, close-door maneuvering projects in another appropriations Con- make all Federally funded research and negotiations, there is no Haitian ference Report. data available to the public through relief included in the Conference Re- Earlier this year, I came to the Sen- procedures established by the Freedom port that we are voting on today. ate floor and highlighted the numerous of Information Act. The Conferees rec- This legislation is vitally important earmarks and set asides contained in ognize that this language covers re- to the several thousand Haitian men, the Senate version of this bill. That search data not currently covered by women, and children who came here in bill contained $826 million in specifi- the Freedom of Information Act. The the wake of the military coup in Haiti cally earmarked pork-barrel spending. provision applies to all Federally fund- that in 1991 toppled the democratically That was a $791 million increase over ed research data regardless of whether elected government of that country. last year’s pork-barrel spending total the awarding agency has the data at That coup was followed by a period of for this bill, which only contained the time the request is made. If the military dictatorship in Haiti marked $34.25 million in wasted funds. awarding agency must obtain the data by atrocious human rights abuses, in- While the Senate bill contained an from the recipient of the award, the cluding systematic use of rape and unacceptable amount of pork, this con- provision specifically states that the murder as weapons of terror. The Inter- ference report is even worse. It con- awarding agency may authorize a rea- national Civilian Mission, which has tains $1.5 billion in specially ear- sonable user fee equaling the incremen- monitored human rights conditions marked pork barrel spending. This is tal cost of obtaining the data. It is my throughout Haiti, documented this almost double the amount of pork October 9, 1998 CONGRESSIONAL RECORD — SENATE S12135 which was in the bill. This is a tremen- ber, responsible spending is the corner- traception. These opponents lurk in dous burden which is patently unfair to stone of good governance. the shadows, unwilling to come out in the millions hard-working American Ms. SNOWE. Mr. President, I rise be- the daylight and discuss their opposi- taxpayers, who does not possess the re- cause the Treasury-Postal conferees tion—and apparently these few make sources to get a ‘‘pet project’’ placed in have bypassed the will of the majority the decisions and they decided on their their back yard. and decided to kill the contraceptive own that it was coming out. They have The list of projects which received coverage language in the Treasury/ made a mockery of the democratic priority billing is quite long and the Postal bill. process. dollar amounts are staggering. Never- This is an outrage. Our contraceptive Let’s consider the language the theless, I will highlight a few of the language was included in the original House and Senate agreed to. It is very more egregious violations. legislation passed both in the House simple—all this language will do is pro- First the conference report instructs and in the Senate, and conferees last vide women who work for the federal the Administrator of General Services week signed off on including the House government and the spouses and to purchase a property adjacent to the language in the bill. At the same time, daughters of federal employees equal- new courthouse currently under con- conferees agreed to include the Sen- ity in health care and the affordable struction in Scranton, PA, at whatever ate’s provision specifically excluding access to prescription contraception price she/he determines is appropriate. coverage of abortion or abortion-relat- coverage they need and deserve; and it The language then provides $668 mil- ed service, and conferees signed the re- will help reduce the number of unin- lion for repairs, alterations, and con- port, closed out the conference and tended pregnancies and abortions in struction services. That adds $668 mil- sent the report to the House for consid- this country. lion to the price of acquiring the build- eration. The provision we are talking about ing. I am not an expert on court house The language the House of Rep- requires plans that participate in the construction, but $668 million in addi- resentatives passed by a vote of 224 to Federal Employees Health Benefits tion to the purchase price seems like a 198 on July 15, 1998. The Senate lan- Program (FEHBP) that provide pre- lot of money for a courthouse. guage was agreed to by unanimous con- scription drug coverage to also cover But, the unbridled spending does not sent. prescription contraceptives. What ex- stop with the Scranton, PA court It isn’t very complicated language. If actly is wrong with that? Nothing, ac- house, it continues. The conference re- you take the time to read the two ver- cording to 224 members of the United port also contains numerous provisions sions, you will see that their intent is States House of Representatives. for millions of dollars to construct new the same. The main difference in the Today 81 percent of these plans do court houses in specific locations two versions is the conscience clause in not cover all five of the most basic and throughout the U.S. Again, why are the Senate bill. widely used methods of contraception these particular sites so deserving of In addition to listing the five plans and 10 percent of these plans do not funding, that they receive specific ear- that OPM identifies as being religious- cover any type of contraception at all. marks to fund their construction? Un- based, it goes a step further by provid- Yet all but one of the more than 300 fortunately, this spending frenzy is not ing a waiver to future or existing plans FEHBP plans covers sterilization. limited to court houses. Somebody in that have reason to oppose contracep- Think about that for a moment—we either the House of Representatives, or tive coverage because of their religious are willing to cover sterilization but the Senate has concluded that the beliefs. Also the Senate language clari- not contraceptives. Unbelievable! World Trade Office in Vermont fies that this provision is not intended Today, the victory may go to those ($500,000), and the IRS Service Center to cover abortion—and again I would who have lurked in the shadows, but I in Brookhaven, NY ($20 million) are so note that this provision was in the con- have something to say to those few. Do unique that they should receive spe- ference report when it was signed the not let yourselves believe that you cific earmarks. first time. have had the final word on this issue These are just a few examples of the So last week the conferees accept the because the women of America will not spending excesses in this report. The language and this week it becomes a ‘go quietly into that good night’ on an list goes on, and on. Mr. President, why ‘‘killer provision’’ that would keep us issue as basic to their health and well are we spending so much on locality from passing the Treasury/Postal ap- being and that of their family as con- specific pork barrel projects? Why are propriations bill. Mr. President that traceptive coverage. we spending so much on new court fallacious argument is belied by the It took us 72 years to get the vote house construction? Maybe if we used fact that not one person—not one of and it wasn’t until 1978—only 20 years some of the new court house construc- the 435 members of the United States ago—that Congress finally passed legis- tion money to combat teen drug use, House of Representatives—stood up on lation requiring health care plans to we would not need to construct so the House floor when the rule on Treas- cover maternity leave. This is not an many new court houses. Maybe, we ury-Postal was debated last Thursday issue that will go away, Mr. President. should redirect some of this court night and cited this provision as a rea- You can rest assured that we will be house construction money to combat- son for opposing the bill. Not one! back next year, and the year after that ing overall drug use, putting more po- Why is this a ‘‘killer amendment’’? and as many votes and debates as it lice on our streets, or funding crime It can’t be because of the cost. CBO takes until we win. prevention programs to prevent people won’t even score the bill, because they Mr. DOMENICI. Mr. President, I rise from ever becoming involved in the don’t score legislation that costs less in support of H.R. 4104, the Conference criminal justice system. than a million dollars. And they put Agreement on the Treasury and Gen- Mr. President, I will not deliberate the price tag on this language at eral Government Appropriations Bill much longer on the objectionable pro- $500,000. for FY 1999. visions in the conference report. I sim- It can’t be about the rights of reli- This bill provides new budget author- ply ask my colleagues to apply fair and gious plans, because this language pro- ity of $26.9 billion and new outlays of reasonable spending principles when tects the health care plans that OPM $23.2 billion to finance the operations appropriating funds to the multitude of identifies as being religious-based. of the Department of the Treasury, in- priority and necessary programs in our It can’t be about abortion, because it cluding the Internal Revenue Service, appropriations bills. does not cover abortion in any way, the U.S. Customs Service, the Bureau As I have said many times in the shape or form and it says so. of Alcohol, Tobacco, and Firearms, and past, we must remain committed to So, why is it a ‘‘killer amendment’’, the Financial Management Service. open and fair consideration of public Mr. President? The answer to that The bill also finances the Executive Of- expenditures. Our objective must al- question will remain a mystery, as it is fice of the President, the Office of Per- ways be to further the greatest public opposed by a few people in a backroom sonnel Management, the General Serv- good. This must remain the corner- at the expense of 1.2 million American ices Administration, and other agen- stone of the appropriations process. women who are being denied affordable cies that perform central government And, most important, we must remem- access to a basic health care need—con- functions. S12136 CONGRESSIONAL RECORD — SENATE October 9, 1998 I congratulate the Chairman and count, the bill totals $26.9 billion in BA table displaying the Budget Committee Ranking Member for producing a bill and $26.0 billion in outlays. The total scoring of the Conference Agreement that is within the Subcommittee’s re- bill is at the Senate subcommittee’s re- on H.R. 4104. I urge my colleagues to vised 302(b) allocation. I also commend vised 302(b) allocation for nondefense support the bill. the Chairman’s strong commitment to discretionary budget authority and law enforcement throughout this bill, outlays. The subcommittee is also at There being no objection, the mate- including support for the Federal Law its Violent Crime Reduction Trust rial was ordered to be printed in the Enforcement Training Center. Fund allocation for BA and outlays. RECORD, as follows: When outlays from prior-year BA and Mr. President, I ask unanimous con- other adjustments are taken into ac- sent to have printed in the RECORD, a H.R. 4104, TREASURY-POSTAL APPROPRIATIONS, 1999—SPENDING COMPARISONS—CONFERENCE REPORT [Fiscal year 1999; in millions of dollars]

Defense Nondefense Crime Mandatory Total

Conference Report: Budget authority ...... 13,311 132 13,439 26,882 Outlays ...... 12,429 129 13,439 25,997 Senate 302(b) allocation: Budget authority ...... 13,311 132 13,439 26,882 Outlays ...... 12,429 129 13,439 25,997 1998 level: Budget authority ...... 12,649 131 12,713 25,493 Outlays ...... 12,460 123 12,712 25,295 President’s request: Budget authority ...... 13,495 132 13,439 27,066 Outlays ...... 13,174 86 13,439 26,699 House-passed bill: Budget authority ...... 13,209 132 13,439 26,780 Outlays ...... 12,428 129 13,439 25,996 Senate-passed bill: Budget authority ...... 13,211 132 13,439 26,782 Outlays ...... 12,068 125 13,439 25,632 Conference Report compared to: Senate 302(b) allocation: Budget authority ...... Outlays ...... 1998 level: Budget authority ...... 662 1 726 1,389 Outlays ...... ¥31 6 727 702 President’s request: Budget authority ...... ¥184 ...... ¥184 Outlays ...... ¥745 43 ...... ¥702 House-passed bill: Budget authority ...... 102 ...... 102 Outlays ...... 1 ...... 1 Senate-passed bill: Budget authority ...... 100 ...... 100 Outlays ...... 361 4 ...... 365 NOTE: Details may not add to totals due to rounding. Totals adjusted for consistency with current scorekeeping conventions.

Mr. DODD. Mr. President, I rise In Connecticut, for example, 62% of right to know about the benefits and today to express my disappointment insurers don’t cover birth control pills costs of regulatory programs; to in- that a provision in the fiscal year 1999 and 85% don’t cover devices such as crease the accountability of govern- Treasury, Postal Appropriations Bill IUDs and diaphragms. At the same ment to the people it serves; and ulti- relating to contraceptive coverage time, almost all of these policies cover mately, to improve the quality of our under the Federal Employee Health sterilization. And of the 68,000 preg- government. This amendment aims to Benefits program was dropped in con- nancies each year in our state, more provide better information on the per- ference. than 14,000 are unplanned. formance of regulatory programs. This This provision, authored by Senators Under far too many health plans, information should help us assess what HARRY REID and OLYMPIA SNOWE, would women are offered the unconscionable benefits our regulatory system is deliv- have required the Federal Employee ‘‘choice’’ of getting help in paying for ering, at what costs, and help us under- Health Benefits plans that cover pre- an unplanned pregnancy, an abortion, stand what need to do to improve it. scription drugs to treat contraceptives or sterilization—but not for birth con- The American people deserve better in the same fashion as all other cov- trol. results from the vast time and re- ered drugs. This amendment passed the Is this the best choice we can offer to sources spent on regulation—$700 bil- Senate unanimously. A similar provi- families trying to act responsibly, lion per year, or $7,000 for the average sion, offered by Representative NITA wanting to bring children into the American household by some esti- LOWEY, was approved by the House by a world when they can be supported and mates. By regulating smarter, we could vote of 224–198. However, even after the cared for? have a cleaner environment, safer strong, bipartisan show of support by Many of us agree that contraception, workplaces, quality products, and a both bodies, this provision was still and improved access to contraception, higher standard of living at the same dropped in conference. is a simple, cost-effective way to lower time. As the Office of Management and I was a cosponsor of the bipartisan the staggering rate of unintended preg- Budget stated in its first Report to legislation on which this provision was nancies in the United States. Congress on the Costs and Benefits of based. Along with a bipartisan group of I am very disappointed that this pro- Federal Regulations in 1997: 25 of my colleagues, I wrote the con- vision has been dropped from the fiscal ferees on this bill asking them to re- year 1999 Treasury, Postal Appropria- [R]egulations (like other instruments of tain this provision in the conference tions Bill and the federal government government policy) have enormous potential for both good and harm. . . . The only way report. lost an opportunity to be a leader on we know how to distinguish between the reg- I’d like to think we’ve come a long this critical issue. ulations that do good and those that cause way since the early 1960s when birth Mr. THOMPSON. Mr. President, I am harm is through careful assessment and eval- control was illegal in many states. So pleased that we passed a regulatory ac- uation of their benefits and costs. Such anal- it was astonishing to me to learn that counting provision in the Treasury and ysis can also often be used to redesign harm- in this day and age, many families find General Government Appropriations ful regulations so they produce more good their contraceptive choices to be lim- bill. I appreciate that the conferees re- than harm and redesign good regulations so ited by their insurers—because insurers tained the provision I introduced to the they produce even more net benefits. are not required to cover prescriptive Senate bill. I believe that this legisla- I am pleased that there is broad sup- contraceptives. tion will help promote the public’s port for this amendment, particularly October 9, 1998 CONGRESSIONAL RECORD — SENATE S12137 from Majority Leader LOTT and Sen- panies. Many regulations also impose My State and 21 other States are ad- ators BREAUX, ROBB, and SHELBY, who unfunded mandates on State, local and versely affected. But I can only hope cosponsored it. There is a broad bipar- tribal government. Unfunded mandates that there will not be more people tisan coalition in the House that sup- are putting a severe strain on these asked to leave or pull out of these mar- ported this provision. And it continues governments, forcing them to raise kets and cause the kind of disruption the efforts of my precedessors. Senator taxes, reduce essential services, or even that these people feel. TED STEVENS first passed a regulatory face bankruptcy. Finally, the public I will reserve time later to discuss it. accounting amendment in 1996 when he has a right to know that there is no But I thank the majority leader for his was the Chairman of the Governmental free lunch. Regulation can reduce pro- consideration and regret deeply that Affairs Committee. Regulatory ac- ductivity, wages and economic growth. we cannot bring this bill up. counting also was a part of a regu- In the end, the public pays for regu- The PRESIDING OFFICER. Who latory reform bill that unanimously latory programs through higher prices yields time? passed out of committee in 1995 when and taxes, reduced government serv- Mr. LOTT addressed the Chair. BILL ROTH chaired Governmental Af- ices, and squandered opportunities to The PRESIDING OFFICER. The Sen- fairs. do better. ator from Mississippi. I added several new requirements to It is time for the Government to f the Stevens amendment to improve the come to grips with the good, the bad, credibility and usefulness of the report. and the ugly about regulation so we ORDER OF PROCEDURE First, OMB is required to arrange for can design a smarter, more cost-effec- Mr. LOTT. Mr. President, I had a peer review of its draft report and draft tive regulatory process. conversation with the distinguished Mr. DODD addressed the Chair. guidelines. The peer review must be Senator from Illinois with regard to his conducted by an organization inde- The PRESIDING OFFICER. The Sen- concerns on the bankruptcy reform pendent and external from the govern- ator from Connecticut. package as it now exists. He agrees and ment, with expertise in regulatory f we agree that there is no necessity for analysis and regulatory accounting. It HMOS this to be read over a period of 5 or 6 is critical that the peer review be per- hours. So I think we have something formed by experts who will critique the Mr. DODD. Mr. President, I just want worked out that we will be comfortable draft based on the state of the art—not to inquire. I see the majority leader. Before we go to the reading of the with and others will be comfortable by a partisan interest group. Last year, bill, I had mentioned to the majority with to allow us to assure Members the American Enterprise Institute and leader earlier that I was going to pro- what time the next vote will be, and we the Brookings Institution sponsored a pound a unanimous consent request on can do some business in the interim conference on OMB’s first regulatory behalf of myself and Senator REID of and have speeches made on this or accounting report. A distinguished Nevada. other issues in the meantime. group of independent economists Very briefly—I will just take 30 sec- f unanimously agreed that OMB had fall- onds—this unanimous consent request en short in many respects. That is the will be the discharge of the Finance BANKRUPTCY REFORM ACT OF kind of constructive peer review we Committee and then to proceed imme- 1998—CONFERENCE REPORT need. diately to a piece of legislation I intro- Second, OMB must take a more ac- MOTION TO PROCEED duced that would propose a morato- tive role in ensuring the quality and Mr. LOTT. Mr. President, I now move rium on HMOs terminating any of their credibility of information used in the to proceed to the conference report to patients between now and over the report. OMB must issue guidelines to accompany H.R. 3150 and ask for the next 4 or 5 months while we are out of the agencies to standardize plausible yeas and nays. session. measures of costs and benefits and the The PRESIDING OFFICER. Is there a I realize that there will be objection sufficient second? format of regulatory accounting state- probably filed to this, or expressed on ments. Third, OMB must provide more There is a sufficient second. this. The yeas and nays were ordered. detailed information on the incremen- We have seen 400,000 people in the Mr. LOTT. Mr. President, I ask unan- tal costs and benefits of regulation, last number of months who have lost imous consent that at 6 p.m. this broken down by agency and by agency their HMOs—12,000 in my State over evening the vote on this motion take program. Thus far, OMB has failed to the last 3 weeks. When we are out of place. And between now and then, of provide that information, despite re- session, I am concerned that more of course, we have other business we can peated statements in legislative his- these people are going to be dropped. tory and in correspondence to OMB. A So for those reasons, Mr. President, I do. Senator DURBIN may want to make great deal more information on the in- ask unanimous consent that the Fi- some remarks during that time. cremental costs and benefits of agency nance Committee, on behalf of myself The PRESIDING OFFICER. Is there objection? programs can be assembled by OMB, es- and Senator REID, be discharged from pecially for programs run by big agen- consideration of S. 2562 and the Senate Without objection, it is so ordered. cies such as EPA, DOT, OSHA, FDA then proceed to its immediate consid- Mr. LOTT. I yield the floor. and the Department of Labor. Fourth, eration. Mr. President, I suggest the absence OMB must count the paperwork bur- Mr. LOTT. Mr. President, reserving of a quorum. den. A 1995 report of the U.S. Small the right to object, I appreciate the no- The PRESIDING OFFICER. The Business Administration, entitled The tification that the Senator was going clerk will call the roll. Changing Burden of Regulation, Paper- to make this request. The legislative clerk proceeded to work, and Tax Compliance, estimated We have not had a chance to look at call the roll. the process costs of regulation at $229 this legislation. I know there is inter- Mr. LUGAR. Mr. President, I ask billion for 1998. Clearly, this must be est in this area. I think next year we unanimous consent that the order for accounted for. Finally, OMB must as- are going to have to do some work on the quorum call be rescinded. sess the direct and indirect impact of it, and maybe we will even have some The PRESIDING OFFICER. Without Federal regulation on small business; legislation in this area. But in view of objection, it is so ordered. State, local and tribal government; the hour and the fact that we haven’t f wages; and economic growth. This pro- had a chance really to review it, and vision addresses several important con- the committee hasn’t had a chance to HONORING DAN COATS cerns. Regulation can have a disparate act on it, I object at this time. Mr. LUGAR. Mr. President, I would impact on small businesses. The 1995 Mr. DODD. Mr. President, if I may, like to take this opportunity before the SBA report found that, for companies very briefly, I will not take the time 105th Congress adjourns to honor our with under 20 workers, regulation costs now, but before we adjourn, I would distinguished colleague and my friend, $5,500 per worker each year—far higher like to make some additional com- DAN COATS, who will be returning to than the per worker cost for large com- ments on this. private life at the end of this Congress. S12138 CONGRESSIONAL RECORD — SENATE October 9, 1998 For the past 10 years it has been my ent for innovation. I am confident that cation to the task of preventing the privilege to join with Senator COATS in DAN will continue to serve the public spread of weapons of mass destruction. serving the people of Indiana. During in the many challenges that lie ahead I remember when the United States that time, he has epitomized strong of him. I wish DAN and Marcia Coats and the Soviet Union were locked in a character and devotion to public serv- all the best as they move on to these wasteful nuclear arms race, JOHN ice. new adventures. GLENN was a voice of reason and mod- Senator COATS has been a determined Mr. President, I yield the floor. eration. advocate for his point of view, but also The PRESIDING OFFICER. The Sen- He has used his seat on the Armed a good listener who has often forged ator from Vermont. Services Committee to advocate for compromises that benefited our Na- Mr. LEAHY. Mr. President, I wish to our men and women in uniform, while tion. He has been a work horse able to compliment the distinguished senior at the same time looking out for shoulder the daily burdens of a thou- Senator from Indiana for his parting wasteful spending. I remember, when I sand details, but also a thoughtful ob- words about our colleague. I agree with and others began to have doubts about server who sees beyond the politics of him. It will come as no surprise that the costly B–2 bomber—$2 billion a the moment to provide perspective on there are those on this side of the aisle, plane—that I read papers and memos the direction of our country. And he like myself, who also will miss DAN about it. JOHN GLENN went out and has been an effective defender of the COATS and who are most impressed by flew it, then came back and said its interests of Indiana, while always up- the way that he and his distinguished cost outweighed its benefits. I credit holding his national responsibilities. colleague work together. him for saving the taxpayers a lot of DAN COATS has applied his expertise f money. and commitment to many of the most He used his position in the Govern- SENATOR JOHN GLENN critical areas of public policy. He has mental Affairs Committee to expose become one of our foremost advocates Mr. LEAHY. Mr. President, it is a waste in Government and to clean up for protecting America’s children and time when Senators say goodbye to the Nation’s nuclear materials produc- strengthening American families. His Senators who are leaving, and I was tion plants. knowledge of military issues and his privileged, in 1974, to be elected with a In his conduct here in the Senate, leadership on the Armed Forces Com- very special class of Senators, a very JOHN has always been nonpartisan, po- mittee will be difficult to replace. large class of Senators—nearly a lite, accommodating, but always true Of particular note is his Project for dozen—who came to this body. We de- to his beliefs. His personality reminds American Renewal, because it speaks veloped personal friendships. Of that me of Longfellow’s words, ‘‘A tender to both DAN’s personal convictions and class, there are only four left: The dis- heart; a will inflexible.’’ It is hard for us to think of JOHN his legislative innovation. With this tinguished senior Senator from Ohio, GLENN before he was a national hero, project—a set of 19 legislative propos- Mr. GLENN; the distinguished senior but not so long ago he was a smalltown als—he has succeeded in articulating a Senator from Kentucky, Mr. FORD; the boy like many of us. He was born on coherent philosophy of compassionate distinguished senior Senator from Ar- July 18, 1921, in Cambridge, OH. He conservatism. kansas, Mr. BUMPERS; and myself. Each grew up in the tiny town of New Con- Senator COATS understands that the of the other three have announced cord, OH. But, like millions of Ameri- limits of government do not limit our their plans to retire this year. In some cans, his life was forever changed by responsibilities to each other as citi- ways I feel like the lonely person who is given the chore to turn out the World War II. zens of a great nation. His project pro- Many of us know the details of what motes volunteerism, charitable giving, lights after everybody else leaves, be- makes JOHN GLENN a hero, but I want cause I will be the last of the class of personal responsibility, and the cohe- to repeat them for my colleagues. siveness of communities. His proposal 1974. Shortly after Pearl Harbor, he was I am going to speak of each of them, embodies both Senator COAT’s insight- commissioned in the Marines Corps. He but I wish to speak now and to give ful reading of modern American social served as a fighter pilot in the South tribute to a great statesman, a person conditions and his optimism for our fu- Pacific. He stayed in the Marines, and who is recognized as a true American ture. I know that Senator COATS will when the Korean War started, JOHN hero and a very good friend of mine, continue to be an eloquent spokesman GLENN requested combat duty. He for the Project for American Renewal JOHN HERSHEL GLENN, Jr. ended up flying 149 combat missions in As I said, we both arrived in the Sen- as he returns to private life. both wars. How good a pilot is our col- I am especially sad to see Senator ate at the same time in 1974. There was league from Ohio? In the last 9 days of COATS leave because he has been an a big difference, however. I came here fighting in Korea, he downed three Chi- outstanding partner. Ever since he ar- as a 34-year-old unknown county pros- nese MiG fighters in combat along the rived in the Senate in 1989, he and I ecutor from rural Vermont. JOHN Yalu River. have operated a unique joint office ar- GLENN arrived here as a living Amer- In July 1957, he set a speed record rangement in Indiana designed to ican legend. We have served together from Los Angeles to New York, the maximize our efforts on behalf of Hoo- now for 24 years and it is with the first transcontinental flight to average siers. By combining our resources, we fondest memories that I recollect his supersonic speed. have been able to provide better serv- time here. I remember the very first An avid pilot to this day, JOHN has ice at less expense to the citizens of In- day I met him. The two of us had gone over 9,000 hours of flight time in a vari- diana. over to see the legendary Jim East- ety of aircraft. To put that statistic in Many Senate colleagues over the land, President pro tempore of the Sen- perspective, to equal that mark you years have been surprised when they ate. That is probably the only time, would have to fly 8 hours a day, every learn that we share office space and then or since, I have ever seen JOHN day of the year, for 3 years. staffs in Indiana. They understand the GLENN look at all nervous, was going in Probably the flight that I remember daunting challenges of combining the to see Senator Eastland. Senator the best, the one I enjoyed as much as staffs of two independent-minded Sen- GLENN was nervous. I was terrified. any, was when JOHN GLENN and I flew ators with distinct responsibilities and There is a big difference. to the northeast kingdom of Vermont committee assignments. But our Hoo- But JOHN GLENN will be remembered in a small float plane at the height of sier partnership has been strong and here in the Senate as a man who advo- glorious fall foliage. JOHN and Annie supportive, for which I am deeply ap- cated a role for Government in daily Glenn were staying with Marcelle and I preciative. life, but he never stopped trying to at our farm in Middlesex, VT. JOHN had Senator COATS leaves the Senate make Government more efficient. He is borrowed the plane from a friend of after 10 years having established a le- one of our leading experts on science mine in Vermont. We flew up and set gion of friendships and a legacy of and technology. He has always been a down in one of those little Vermont achievement and integrity. The Senate tireless advocate for Government-spon- ponds with the fall foliage around it. will miss his expertise, his hard work, sored scientific and health research. He There happened to be a trapper’s con- his thoughtful reflection, and his tal- brought tremendous intellect and dedi- vention there. Some of the people there October 9, 1998 CONGRESSIONAL RECORD — SENATE S12139

were calling him Colonel GLENN, not [From Roll Call, Oct. 5, 1998] great deal for the 34 million seniors in Amer- Senator GLENN. They kind of put up GLENN COUNTS DOWN TO LAUNCH WITH COM- ica. ‘‘She gradually over a period of time be- with me being there, but he was the PLETE SUPPORT FROM WIFE AND COL- LEAGUES—SENATOR SET TO REPEAT HISTORY came an enthusiast for this,’’ he said. ‘‘She’s hero. changed her view on this, as has my whole (By Ed Henry) Of course I do remember also the family, so she’s excited about it.’’ look on JOHN and Marcelle’s and He’s survived 149 combat missions as a Ma- Sen Dale Bumpers (D-Ark.) said he spoke Annie’s faces when we landed in Mont- rine, orbited the Earth three times at 17,544 to Annie last week and she revealed that pelier Airport in a heavy crosswind. miles per hour as an astronaut and endured NASA will be providing a laptop so she can JOHN turned to me after he taxied up 24 years of partisan battles as a Senator. communicate with her husband in space. and said, ‘‘You know, I have never been But John Glenn says that one of the tough- ‘‘I said, ‘Annie, aren’t you apprehensive at est missions of his life came as a husband: so frightened landing anything in my all about this flight?’ ’’ recalled Bumpers. convincing his wife, Annie, that it was a ‘‘ ‘She said, ‘I’m never apprehensive about life,’’ which almost stopped my heart good idea for him to be shot into space again anything John really wants to do.’ ’’ to hear him tell it. But when we got at the end of this month. Annie Glenn will not be the only person out of the plane, JOHN was wearing— ‘‘Let’s say she was a little cool with this close to the Senator lending her support at this is accurate now—a skunk-skin cap whole idea to begin with—that’s the under- Cape Canaveral. A bipartisan delegation of which the trappers had given him. statement,’’ Glenn said in an interview Senators will be heading down to Florida on He stepped out of the airplane with about the Oct. 29 space mission. ‘‘She didn’t an official CODEL authorized by Majority me shaking and quivering behind him. react too kindly when I first started talking Leader Trent Lott (R-Miss.) and Minority Annie turned to Marcelle and says, about this some time ago.’’ Leader Tom Daschle (D-S.D.). The 77-year-old Ohio Democrat said that Daschle plans to be there for the launch, ‘‘Marcelle, I told you we never should while the couple’s two children were not ex- even though he faces re-election back in have let those boys go off by them- cited about the Discovery launch either, South Dakota less than a week later. Be- selves.’’ ‘‘Annie was the main one to convince.’’ cause Lott has a scheduling conflict, he will We all know what happened in a far Slipping into the lingo of an old Marine, be sending Senate Appropriations Chairman more dramatic time when JOHN Glenn noted that based on all of the dangers Ted Stevens (R-Alaska)—who helped come up strapped himself into a tiny capsule on he’s already faced, he could have gotten with the idea of a trip—to lead the Repub- top a gigantic tube of volatile fuel on ‘‘bagged’’ long ago. lican side. February 20, 1962. When he landed 4 ‘‘There were lots of times that things could ‘‘Senators have a way of coming together have gone a little bit different way, but they when another is involved,’’ Lott said in an hours 55 minutes later, JOHN GLENN not interview. only became the first American to didn’t,’’ he said. ‘‘But I think all my life, I guess, you don’t look back and think what The office of Senate Sergeant-at-Arms orbit the Earth, but he boosted the psy- might have been or where you might have Greg Casey, who is organizing the trip, does che of our Nation in a way not seen gotten bagged or whatever. You look for- not have a complete list of Senators attend- equaled before or since. ward. There are risks in everything you do.’’ ing yet. The trip will originate from Andrews Cicero said a man of courage is also Sen. Patrick Leahy (D-Vt.), one of the cou- Air Force Base on the morning of the launch. full of faith. It should be said that ple’s closest friends, said Annie was ‘‘appre- ‘‘We have a lot of interest from Senators,’’ JOHN GLENN is a man who puts all his hensive’’ about the fact that her husband said Secretary of the Senate Gary Sisco, who was heading into space so close to his retire- will also attend. faith in God. Glenn said that while colleagues have not All his accomplishments here in the ment from the Senate. ‘‘She had some reluctance because he was discussed the launch with him, he’s heard Senate, in the cockpit, in the capsule, whispers about it and feels gratified. all pale before the one true constant in coming to a time in his life when they were going to have more time together,’’ said ‘‘It’s a good feeling to know that there are JOHN GLENN’s life, and that is the love Leahy. ‘‘They are an extraordinarily close going to be people there that you have he shares with his beautiful wife Annie. couple—they’re sort of the role model for all worked with all these years—that they think They are truly a couple for the ages of us in our own marriages.’’ enough about it to be down there,’’ he said. Another person who was supposed to be at and role models for all of us. Married Nobody underestimates the strength of the Cape was Alan Shepard, his onetime Annie Glenn, who toughed her way through for 55 years, they have two wonderful rival in the Mercury program, who recently her husband’s Feb. 20, 1962, Mercury mission, children, John David and Carolyn Ann, died. Glenn admits that Shepard’s death re- when he flirted with death in the 36-cubic- whom we all know as Lyn. minded him of his own mortality, but the foot Friendship 7. She also had the guts to When the space shuttle Discovery Senator insists he’s not worried about his stand up to then-Vice President Lyndon surges into space later this month, the safety. Johnson by refusing to let him come into her ‘‘I’ve always been very aware of my own cabin will be cramped with the seven home for a photo-op, out of fear for how her astronauts aboard. But sitting with mortality anyway,’’ said Glenn. ‘‘I got over stutter would look in front of Johnson and so that teenage immortality bit a long time JOHN in spirit, as she has for so many many network TV correspondents. ago.’’ years, will be Annie. They are truly in- She was sitting up in the House gallery on Glenn suggested he is at peace with his de- separable. No matter how fast or far he that day in 1962 when Glenn jubilantly told a cision. ‘‘I have a deep religious faith and I travels, she is always with him. joint session of Congress, ‘‘I want you to have all my life,’’ he said. ‘‘I don’t believe in Mr. President, later this month the meet my wife, Annie * * * Annie * * * the calling on your religion like a fire engine, eyes of the Nation and the world will rock!’’ you know, ‘Oh God, get me out of this mess focus on Cape Canaveral, FL. We will And Glenn was there for Annie, Leahy re- I’ve gotten myself into and I’ll be so good called, when she conquered her stuttering even you won’t believe it.’’ watch as a marvelous machine, built problem 20 years ago. ‘‘We don’t think of by Americans, flown by an inter- He added, ‘‘But I think . . . we should all them as John or Annie,’’ he said. ‘‘We think live so that if something like that happens national crew, roars into the heavens of them as JohnandAnnie—it’s just one to us it won’t be a big shock. It’s a shock. It in the name of science, and on board word.’’ would be a shock, of course. Nothing can be will be our colleague from Ohio, a great In finally deciding to hop aboard for this 100 percent safe. Everyone knows that. But I Senator, an expert pilot and extraor- mission, Annie thought back to a vow her think the safety record NASA has had dinary American hero, my friend, JOHN husband had made on the day they wed 55 through the manned space program has been years ago. GLENN. I intend to be there to cheer absolutely amazing.’’ ‘‘One thing that she’s reminded me of is Besides his combat missions in Korea and him on. that on our wedding day, along with the Once again, as he has done in so World War II, Glenn faced danger in 1962. vows, one of the things I told her that day or ‘‘Some of the ophthalmologists predicted many ways over the years, JOHN GLENN that night sometime was that I would pledge your eyes might change shape,’’ he said. ‘‘It will make us turn our eyes toward the to her I would try to do everything I could to was serious enough that if you look at the heavens, and like all who will be there, keep life from ever being boring,’’ said the Friendship 7 over there in the Air and Space I will say, ‘‘Godspeed, JOHN GLENN, and Senator. Museum now, up on top of the instrument thank you.’’ Then he added with a laugh, ‘‘And she’s re- panel there’s still a little eye chart that I Mr. President, I ask unanimous con- minded me of that several times in the past, was to read every 20 minutes to see if my sent that an article from Roll Call and this time, too, that she’d just as soon eyes were changing.’’ have things be a little bit more boring.’’ When asked why he took such risks, with- about Senator GLENN be printed in the Since critics have said the upcoming nine- out so much as a blink Glenn responds, ‘‘I RECORD. day mission is merely a joy ride, Glenn has thought it was valuable for the country.’’ There being no objection, the article done his homework. With great specificity, Colleagues say it is this modesty—as well was ordered to be printed in the he can recount how the research about how as Glenn’s relationship with his wife—that RECORD, as follows: a senior citizen is affected in space will do a they will remember most. S12140 CONGRESSIONAL RECORD — SENATE October 9, 1998 ‘‘He’s one of my favorite people in the tion to proceed on the bankruptcy con- ruptcies being filed even this very day whole world because he wears his heroism ference report. in this country, because filings for the with such extraordinary modesty,’’ said Sen. The PRESIDING OFFICER. The Sen- first quarter of 1998 are over 20,000 Carl Levin (D-Mich.). ator is correct. higher than for the same time last Senators like 51-year-old Tim Johnson (D- Mr. GRASSLEY. Mr. President, as we S.D.) seem awed by getting the chance to year. They are almost 90,000 ahead of serve with Glenn. take up the conference report to the the first quarter of 1996. Unfortunately, ‘‘It’s like serving with a legend,’’ said bankruptcy bill, I want to make clear the future looks even bleaker. A study Johnson. ‘‘The fact that I served with John that this report is a balanced and fair released just a few days ago predicted Glenn is something I’ll tell my grandkids.’’ compromise between the House and that the number of personal bank- As a young Navy pilot, Sen. John McCain Senate bankruptcy bills. The fact of ruptcies will exceed 2.2 million by the (R-Ariz.) revered Glenn and says the upcom- the matter is that the process of a con- year 2001. ing mission will remind everyone of that. ference is a process of joining two bills ‘‘I know it will just affirm in people’s If there is any better reason or ra- minds that we’re privileged to have known a that have passed both Houses in dif- tionale for the adoption of this con- great American hero,’’ he said. ‘‘I am hon- ferent forms. ference report by this body before we ored to be in his company. I am serious. I am One of the key differences between go home for recess, it is that the high honored to be in his company.’’ the House and Senate was the question number of personal bankruptcy filings Sen. Richard Bryan (D-Nev.) said he will of means testing. The House had a very is continuing to shoot up at a tremen- try to be in Florida, partially because of a strict formula, while the Senate bill dous rate, unjustified for the economic simple expression of love he saw when contained a change to a section of the conditions we are in. We think 1.4 mil- Bonnie Bryan and Annie Glenn recently bankruptcy code which directs judges 1 traveled together to Saudi Arabia. From lion is too high. In 3 years—in 2 ⁄2 across the globe, Mrs. Glenn placed a phone to consider repayment capacity. years—they will be well over 2 million call to her husband in the Senate cloakroom. On this point of means testing, the if we don’t do something about it, and Bryan recalled, ‘‘He was very excited and House had one provision formula driv- I think this legislation will do some- came up to me and said, ‘I’ve got Annie on en, very much different from the Sen- thing about it. the line, would you like to talk to Bonnie?’ ate provision that was more subjective The interesting and alarming thing is John and Annie have this very special rela- in the decision of a judge of whether that this unprecedented increase in the tionship—you can sense that.’’ somebody should be in chapter 7 or filings for bankruptcy comes at a time Leahy recalled riding in the back seat one chapter 13. But, obviously, even in the time as the Glenns kept teasing and poking when our economy is very, very fun at one another in front seat. Senate bill, we had penalties and in- healthy. Disposable income is up, un- ‘‘The two of them are like a pair of teen- centives for people who should be filing employment is very low, and the inter- agers,’’ he said. under chapter 13 but, in fact, filed est rates are very low. But a much sadder occasion reminded under chapter 7. We had these dif- Here is something that just does not Leahy of his affection for the couple. When ferences on means testing between the make sense, then. Common sense and Leahy’s mother died last year, he found out House and the Senate. basic economics would say that when that the Glenns had been trying to lift her Under the conference report that is times are as good as they are now—al- spirits during her illness. ‘‘One of the things I found on her bed stand now before us, a debtor can file in any most the longest peacetime recovery was a handwritten note from John and chapter of the bankruptcy code, and this country has ever had—when the Annie,’’ said Leahy. ‘‘They both had written before a debtor can be transferred from economy is flourishing, that bank- a couple of paragraphs in the letter. These chapter 7 to chapter 13, a judge will re- ruptcies should not shoot up as well; are very special people.’’ view the merits of each case. that is, unless there is something For Glenn, his frequent trips to Houston Mr. President, I think this is impor- wrong. And there is something wrong. for training seem to have been a sort of foun- tant to understand because we provide The bankruptcy code is flawed. There tain of youth. that every single person who wants is need for reform. There is not any Every time Glenn returns from Houston, said Sen. Richard Lugar (R-Ind.), he’s been their day in court with due process will shame connected with bankruptcy any- updated about the status of the mission. get it, because under the conference re- more. There is lack of personal respon- ‘‘It’s wonderful to see someone so engaged port, each debtor will receive an indi- sibility. There is lack of corporate re- and lit up with enthusiasm,’’ he said. vidual hearing and get a chance to sponsibility, as well as credit card It has also reminded Glenn about the dif- press his or her own case. In other companies are pushing credit cards ferences between his two careers. words, the conference report maintains into mailboxes every day. And the ‘‘Here of course, the political lines are the judicial scrutiny that I think was bankruptcy bar is not adequately coun- drawn and you have confrontation and you the distinguishing factor of the Senate seling people as to whether or not they have to put everything through a political sieve to know what’s real and what isn’t in bill’s means test. Of course, we have a should even be in bankruptcy, let alone people’s minds,’’ he said. flexible means test before us today discouraging them from being in chap- ‘‘Back when I was in the Mercury program that is a product of the conference ter 7 when they should be in chapter 13. or in the program down there now, it’s such compromise. But with all of these put together, Mr. a pleasure to work in that program because When the Senate considered my President, in my view, the main prob- everything is so focused on one objective bankruptcy reform bill, I spoke at lem in our bankruptcy law, quite sim- that everybody’s agreed on.’’ length about the need for reform, and I ply, is that current law discourages The similarities between the two jobs, he would like to restate those points as concluded, are limited. personal responsibility. ‘‘Both fields take a lot of dedication to ac- we go to final consideration, after this Let me start out by saying that most complish anything. That would be a big simi- conference report was overwhelmingly people who declare bankruptcy because larity, dedication to country and dedication passed by the House of Representatives of their low incomes, their inability to to what you’re doing. But that’s about where just a few hours ago. pay, probably are correct in doing so. the similarities end.’’ The need for this bill is based upon When I say that, that does not counter- Mr. LEAHY. I yield the floor. the statistics of bankruptcy, and those act what I just said about assuming Mr. GRASSLEY addressed the Chair. statistics speak for themselves. The personal responsibility or not having The PRESIDING OFFICER (Mr. AL- number of bankruptcy filings has sky- some shame connected with bank- LARD). The Senator from Iowa. rocketed in recent years. In 1994, the ruptcy. But as far as our present law is f total number of nonbusiness filings was concerned, and their ability to repay, I just over 780,000, probably thought to would have to say that that is probably BANKRUPTCY REFORM ACT OF be too much at that time, and maybe where they should be. 1998—CONFERENCE REPORT the number was too high at that time. But that does not mean that we do MOTION TO PROCEED But in 1996, this figure jumped to 1.1 not have a responsibility through our The Senate resumed consideration of million, and, astonishingly, the 1997 society and through the standards set the motion to proceed to the con- figure was almost 1.35 million. Of by our Government to do something ference report. course, the trend is continuing. about the fact that so many people are Mr. GRASSLEY. Mr. President, the There is no letup in the dramatic in- in bankruptcy in the first place. We business before the Senate is the mo- crease in the number of personal bank- will have to deal with that sometime October 9, 1998 CONGRESSIONAL RECORD — SENATE S12141 other than in this legislation, because complete debt relief to only those who could happen, but I hope that we make this legislation is dealing with the fact cannot repay their debts. Those who it very, very clear that families and that those who have the ability to can repay their debts are required to do children and spouses are first. We have repay ought to not get off scot-free. that. And of course, that is common moved it from seventh to first. But if you do not have the ability to sense. Also, the conference report provides repay, then, of course, that is another That is one important aspect of the that someone owed child support can consideration. You have to deal with legislation, the means testing provi- enforce their obligations even against that in some ways differently than sions of it. There was a compromise be- the exempt property of a bankrupt. what we do in this legislation. tween the House and the Senate. The This means that wealthy bankrupts Estimates vary, but about 80 percent House had that very strict formula can’t hide their assets in expensive of the people who declare bankruptcy that decided whether a person was in homes or in pension funds as a way of are in desperate straits. And then bankruptcy 13 or bankruptcy 7. We had stiffing their children or their ex- under the principle that we have had a subjective judgment with encourage- spouses. This is another example of for the last 100 years in our bankruptcy ment for people to be in chapter 13 and how this legislation will help—not laws, particularly if this is in situa- penalties to those who went into 7 hurt—child support claimants. And tions beyond their control—like natu- when they had the ability to repay and rightly so. ral disaster, death, divorce, medical should have been in 13. But it was very This conference report states that problems—then they may need to get a subjective, and it took motions by debtors receiving child support don’t fresh start. creditors. It took action by trustees to have to count that income when cal- The problem is, Mr. President, as I bring that about, and it took penalties culating a repayable schedule. have already hinted, some people use against lawyers who were not properly Outside the bankruptcy context, bankruptcy as a financial planning counseling the debtor. So we joined when there are delinquent child or tool. They do it to get out of paying off these together to have the bright line spousal support obligations, State gov- debts which they could pay off. And of the House version of who should be ernment agencies often step in and try to help collect that child support. The that is what is pushing the desire for in chapter 13, but we also make sure conference report exempts these collec- bankruptcy reform. We have a bank- that every debtor gets their day in tion efforts from the automatic stay. ruptcy system that lets higher-income court with due process to make sure The automatic stay is a court injunc- people write off their debts with no they have been treated fairly. questions asked and no real way for So we move on to another hot-button tion which automatically arises when creditors to prevent this from happen- issue. On this issue the Senate pre- anyone declares bankruptcy, and it ing. And this legislation deals with vailed. The conference report still pro- prevents creditors from collecting on that unjust situation—unjust for credi- vides that child support obligations their debts. Now, if this legislation were to pass, tors, unjust for consumers, because must be paid during any bankruptcy State agencies would be in a much bet- consumers pay it, and too just for peo- proceeding. ter position to collect past due child You can see here in this chart, under ple who have the ability to repay. support. In practical terms, that means As I said so often last year, we had a the conference report, child support that State government agencies at- record number of Americans filing for and alimony receive first priority. tempting to collect child support can bankruptcy. Of course each bankruptcy Child support must be paid in full be- garnish wages and suspend driver’s li- case means that someone who extended fore debt forgiveness. You can see censes and professional licenses—plen- credit in good faith will not get paid. across here, under current law child ty of incentive for people to get on the While estimates differ as to the exact support/alimony is seventh in priority. stick and keep their social obligations number, American businesses are los- We move that to first in priority. You to the families they have been a part ing about $40 billion a year as a result can see that under present law there is of, benefited from, and to the children of consumer bankruptcy. no requirement to pay child support that they ought to love in the first You might say, well, big banks and before debt forgiveness in chapter 13. place. big businesses are in somewhat of a Child support must be paid in full be- Clearly, this will help State govern- stronger position since they can offset fore debt forgiveness. Under the con- ments in catching deadbeats who want these losses by increasing the amount ference report, bankruptcy trumps to use the bankruptcy system to get that they charge other customers. wage garnishment for child support. out of paying child support. In fact, the That is an important point, Mr. Presi- Under the conference report, bank- district attorneys who actually collect dent. Under the best of circumstances, ruptcy does not trump wage garnish- child support strongly support this where a big business can stay afloat in ment for child support. And lastly, and conference report. So any argument the face of large losses due to bank- added to child support, collections are that this conference report is bad for ruptcies, then it is simple: Honest cus- exempt from automatic stay. child support is empty political rhet- tomers pay the price because there is The reason that it is important to oric. no free lunch. This is like a hidden put child support claimants at the top If I could go to another chart, the tax—a hidden bankruptcy tax—which of the list during bankruptcy proceed- conference report also maintains tough consumers pay, people who play by the ings is that most bankrupts do not fines against creditors who misuse rules pay. Because, as businesses end have enough money to pay all creditors their new powers to harass or intimi- up writing off their debts in bank- in full. So somebody is not going to be date honest consumers, rather than to ruptcy, the consumers make it up. paid. This bill makes it more certain stop abuses. I think the chart shows So my legislation would reduce this that child support will be paid in full what we are doing. I can tell you that tax by requiring those consumers who before other creditors can collect a this was a very key feature of the Sen- can afford to pay, who have the capac- penny. That is real progress in making ate bill. Whenever we give creditors a ity to make good on their debts, or sure that children and former spouses new tool, we also give debtors a new even some portion thereof, to do so. are treated fairly. shield to rein in potential creditor But that is the situation with big busi- I know this was very much a concern abuses. If it is wrong for a debtor to nesses that can pass it on. They can of many members of the Judiciary avoid personal responsibility, it is survive in the face of huge bankruptcy Committee, including my distinguished wrong for creditors to misuse the bank- losses. They stay in business. They get ranking member, Senator DURBIN of Il- ruptcy code in an unethical way, as consumers coming to their door. The linois, and other members of the com- well. consumers pay. But there are a lot of mittee. I know it is very much a con- I think it is amazing that we hear small business people who have to close cern of people at the White House. I from our Democratic friends that we their doors because maybe they cannot hope, first of all, that they understand should oppose this conference report, afford to absorb the loss of so much in- there was no intent of changing this in as I think we will, because we limit the come and consequently do not have the the original legislation, but I guess it ability of unscrupulous trial lawyers to ability to pass it on to their consum- is the way combinations can work, bring class actions against the bank- ers. The Bankruptcy Reform Act limits that there was some suspect that this ruptcy code. Now, I think that is a very S12142 CONGRESSIONAL RECORD — SENATE October 9, 1998 telling point. It seems that those who be compromise. Actually, the dif- virtually no Democrats—at least on oppose this bill do not really oppose it ferences in these versions was greater the Senate side—were involved in any because they are worried about con- than you would normally have between of that negotiation. That is truly un- sumers. They might oppose it because pieces of legislation passed by the re- fortunate. they want to help trial lawyers clean spective bodies and much more dif- There is no reason why this had to be their pockets. I hope my colleagues ficult to do. a partisan endeavor. Senator GRASSLEY will keep this in mind as we consider I want to repeat for our colleagues, and I proved that in working together this conference report. as well as for his constituents in Illi- on a bipartisan basis we could come up There is another example of how the nois, Senator DURBIN has been very, with a good and balanced bill. In fact, conference report gives debtors impor- very cooperative throughout this proc- when this issue first came to me and tant new tools to defer, to deter and ess. We have had a bipartisan bill people representing banks and the punish abusive creditor conduct. In the through the Senate. The process of credit industry came to my office, I last few years, there have been a num- compromise detracted from that, I am said to them: I agree with you, there ber of reports about creditors coercing sorry to say. I was hoping that we are abuses in the bankruptcy system debtors into agreeing to paying their would have a bill by the last week in that need to be cleaned up. I will help debts even though the debt could be July so we could have the whole month you clean them up if, and only if, you wiped away in bankruptcy. The bank- of September to work on the tremen- will concede that there are also abuses ruptcy code allows debtors to reaffirm dous differences between the House and when it comes to credit cards in Amer- debts if they choose to do so volun- Senate. But things didn’t work out the ica that need to be cleaned up as well. tarily. The problem is that some com- way I wanted them to and I am sure Each bank, each merchant, each panies have been threatening consum- they didn’t work out the way our dis- credit card company said, without fail: ers in order to force reaffirmation. The tinguished Senate majority leader, We agree. We are in for both sides to be conference report gives every debtor TRENT LOTT, wanted them to work out, repaired, both sides to be changed, and the right to a hearing before a bank- so this bill came out during the third reform to come that will really affect ruptcy judge who will review the agree- week of September. bankruptcy in the future. ment to make sure that there has been Now here we are about ready to ad- The Senate bill did that. The Senate no coercion. This is a crucially impor- journ for the year and to go home and bill said: Yes, we will clean up the tant change to protect consumers. campaign. That process was not han- bankruptcy court, but we will also say I want to make one last point in re- dled in the spirit of bipartisanship that to the credit card companies, you have gard to this chart. We have ‘‘truth in I had planned a year and a half ago a responsibility to clean up your act. It advertising’’ requirements for bank- when I started working on this legisla- also said to creditors that when it ruptcy lawyers. It seems to me this is tion, and that has been the practice comes to the whole question of your ef- very, very important. In the original not only through the Senate, but forts, if there are predatory credit debate on this bill before it went to through conference in previous times. practices that are, in fact, unfair, those conference, 2 or 3 weeks ago, the point Some of that probably was within my credit practices will not allow you a was made that some lawyers with the control, but most of it was outside of ticket into the bankruptcy court. bankruptcy mills were advising people my control. So the extent to which the UNANIMOUS CONSENT REQUEST through advertising that they had the last step did not encompass the spirit Mr. President, before proceeding, I ability to avoid paying alimony and of bipartisanship that I had anticipated ask unanimous consent that the pre- other things. ‘‘Truth in advertising’’ is a year and a half ago, I apologize to my viously scheduled vote now occur at very important in any business. It is friend, the Senator from Illinois. 5:50 p.m. this evening. just as important in the legal profes- I yield the floor. Mr. BAUCUS. Mr. President, reserv- sion. The PRESIDING OFFICER. The Sen- ing the right to object. If I might ask Debtors get new rights to court hear- ator from Illinois. the manager if I may speak 5 minutes ings to stop unfair debt collection prac- Mr. DURBIN. Let me say at the out- before 5:50. Otherwise, I will object. I tices. set, my respect for my colleague, Sen- ask the managers of the bill if they can It promotes out-of-court settlements ator GRASSLEY of Iowa, has not been assure me they will give me 5 minutes. by punishing creditors who refuse to diminished by this experience, but en- Mr. GRASSLEY. I will not speak negotiate. We think there ought to be hanced. It has been a joy to work with anymore. the willingness and the obligation, him over the last year and a half in Mr. BAUCUS. Otherwise, I will ob- when somebody who is greatly in debt preparing this important legislation. It ject. and wants to work something out with- is complex. It is difficult. He has shown Mr. DURBIN. Mr. President, can we out going through the costly and ad- both legislative and intellectual stam- have some indication from other Mem- versarial environment of the court, ina throughout. He has been fair in his bers on the floor of the time they they ought to be able to. That incen- dealings with me, and to the moment might need? Perhaps we can come to tive is in here. where we were successful in passing some accommodation. And it requires credit card companies this bill on the floor of the Senate by Mr. SESSIONS. Mr. President, the to point out the dangers of making an overwhelming vote of 97–1, a strong Senator from Alabama would like only the minimum payments. bipartisan vote, I think we both took about 10 minutes on the bankruptcy Finally, the conference report makes pride in the fact that we had given it bill. There are 10 minutes set aside for important changes to help prevent the virtually everything that we could to me now. collapse of the financial sector when a make the best possible legislation for a Mr. DURBIN. How much time would party to a swap or a repurchase agree- very difficult challenge. the Senator from Ohio need? ment defaults on an obligation. These Having said that, I will knowledge, as Mr. DEWINE. I would like 8 minutes. changes were suggested by our Sec- the Senator from Iowa has, that once Mr. DURBIN. That is 23 minutes. I retary of the Treasury, Robert Rubin. that bill left the Senate floor, once the would have to sit down, and that would As President Clinton put it, we are in a conferees were appointed, a totally dif- be a painful experience at this mo- serious financial crisis and we need to ferent process took place, which was ment. I will withdraw the unanimous reduce systematic risk in the financial very disappointing to me. It was to- consent request at this point. markets now. tally different in that it was not bipar- The PRESIDING OFFICER. The re- This conference report, I think, is tisan. In fact, as I stand here today and quest is withdrawn. balanced and fair. I am sure that we look up at the clerk’s desk and see the Mr. DURBIN. Mr. President, I am will hear that it is not. Obviously, it is conference report from this committee, concerned that when we set about deal- not entirely to my liking. No con- this is the first time I have ever laid ing with the bankruptcy code and re- ference report is to everyone’s liking. eyes on it. I wasn’t there. I wasn’t in- form, we tried to do it in a balanced The essence of this legislative process, vited to the conference committee fashion in the Senate bill. when a House and a Senate pass dif- meetings. I wasn’t asked to sign the Tonight, when you go home, open the ferent versions of the bill, is that there conference committee report. In fact, mailbox, and you know what you are October 9, 1998 CONGRESSIONAL RECORD — SENATE S12143 going to find—preapproved credit card Director of the Office of Management The credit industry that promised us applications. If you are an average and Budget. Mr. Lew has written to they would give us a balanced bill, that American, you get 28 a year. If you us—in fact, to the leaders of Congress they would agree to end abusive prac- happen to be in the prime target group, —within the last 2 days, to say that if tices in their own industry—when they you get many more. A college student, this conference report is presented to went into that conference committee in the first 6 months they are in col- the President, his senior advisers will and closed the door, they basically lege, can expect to be inundated. You recommend that he veto it. Why? Be- broke the deal. They walked out of are 18 years old and you can sign a con- cause it is unreasonable. This con- that door with the conference commit- tract; they can’t wait to get you. The ference report could have been so good, tee report to their liking. The con- dean of students at the University of could have been so fair and so bal- ference committee report, which they Indiana tells us that the No. 1 reason anced, and it is not. are lauding, is one which most of us be- kids are leaving school at Indiana is When it comes to the test that they lieve is, frankly, a bill that should not not grades, it is credit card debt. That are going to put someone in bank- be signed into law. is what is happening. ruptcy court, this is inflexible and un- It is one sided. It is designed to re- So when there is a speech made about forgiving. Frankly, as a result of it, a ward the credit industry and to penal- the shame of bankruptcy, what about lot of people who don’t have resources ize the average consumer. They save the shame of some of these credit prac- and should not be put through this the worst treatment for the unlucky tices? wringer will face it. families facing bankruptcy. They held So what did we suggest be changed as In addition to that is the whole ques- aside the mother who depends on child part of this debate? Let me give you an tion of class actions. I will concede to support so that coercive creditors can idea of one thing in the Senate bill the Senator from Iowa that there are claim the limited assets of bankrupt that was totally rejected by the con- undoubtedly class action lawyers who spouses. They refuse to protect the ference committee. The banks and are unscrupulous, but there are also widow bilked out of her home by a credit card companies said: This is un- class action lawyers who stand up for home repair con artist. They refuse to reasonable, we don’t want it in the bill. consumers who could not afford a day provide any new credit card disclosure This example credit card statement be- in court by themselves. so that consumers can better under- Consider this: A major retailer in the longs to a staff member who probably stand the termination of their card United States of America, as a matter used this as a basis for acquiring more agreements, or monthly bills. of policy, has a coercive practice that salary. We have added to this a provi- Our purpose in this bill on this side when you are in bankruptcy court, sion that would have been from the was never to ration credit, but only to they put the hammer on you as a debt- Senate bill. We would put it at the bot- say that credit should be more ration- or and say: We don’t want you to have tom of your statement, a tiny para- al, that each of us, as we enter into our debt written off. We want to tell graph, which says: if you pay only the agreements for credit cards, should be you that you have to re-sign up to pay able to understand the terms of the minimum payment due and make no off this debt on this refrigerator—or new purchases or advances, it will take those credit cards and make our own car, or set of tools. They put the pres- decisions for ourselves, our families, you x number of months to pay off sure on them. The person, under pres- your balance, and the total cost will be and our businesses. Each and every sure, signs it. And it turns out to be a time we attempted to do that in the approximately x. national policy. In fact, it is a national Does that sound like an outrageous bankruptcy bill, it was stripped out in scandal. Only by class action suits on request of a credit card company—that the conference report. behalf of debtors across America can What did they put in instead? A we as consumers would know what the you go after these major banks and study—a study. So when it comes to minimum monthly payment means in major retailers. nailing the consumers going into bank- terms of indebtedness? This conference report removes the This individual has a balance of ruptcy court, we need laws. When it right of debtors, through classes, to comes to protecting the consumers who $1,295. They asked him to make a mini- come to court. That was a right under are trying to understand the terms of mum payment of $26. If we put our pro- the law before we even considered credit, they need studies. vision on this, we would be telling him bankruptcy code reform. And so not That isn’t balanced. And that isn’t it would take him 93 months—almost 8 only does this bill take away new pro- fair. years—to pay off the bill. When it is all tections for consumers, it takes away I think, frankly, that they have gut- said and done, he would be paying the existing protections for consum- ted the current law which protects con- $2,418, or almost double the amount of ers—another reason why the Presi- sumers in bankruptcy from creditor the current balance. dent’s Director of the Office of Manage- abuse and manipulation. I don’t think consumers should be in ment and Budget says they will veto This bill rips into low- and middle-in- any way tricked or deceived or the this bill, as I believe they should. come families and still lets the Florida facts concealed. Yet, that is what is There has been a lot said about child and Texas millionaires hide their as- happening because this conference support and alimony. Consider how sets in mansions featured in Architec- committee felt that it was unreason- many of the people who go into bank- tural Digest. able to put that burden on a credit card ruptcy court have an obligation to pay What am I talking about? Let’s get company. for the debts of their children and are, specific. We had another provision that said frankly, facing a lot of other debts and There is an actor we have all heard of that these predatory lenders that go wondering how they will pay them off. named Burt Reynolds. Mr. Reynolds is after senior citizens—primarily widows The bottom line on this bill, as the let- going through bankruptcy. He had a in their late years—in the family ter from Mr. Lew indicates, is that chain of restaurants and that chain of home, and sign them up for siding and they are putting more people in line to restaurants, unfortunately for him, roofs and home repair with a second draw from the limited assets of estates. failed. So when he reached the end of mortgage with a balloon, and take the So a spouse trying to raise children his rope, he decided to file for bank- house away because they have deceived and looking for child support, when ruptcy. But Mr. Reynolds happens to some poor person, should not be able to they walk out the door in bankruptcy, be a resident in the State of Florida. walk into bankruptcy court and exe- has less money to turn to. If you happen to be a lucky resident cute their claim against that person This bill, unfortunately, does not of a State like Florida or Texas or Kan- and their home. Predatory credit prac- provide the kind of protection that I sas, you can buy whatever size home at tices would not allow you a ticket to believe is absolutely necessary. whatever expense you care to, and basi- the bankruptcy court. As soon as this When we came to this Senate floor, cally it is protected from bankruptcy. got in conference committee, they we adopted a variety of consumer pro- The rest of us living in other States ripped it out and said: We don’t want tection provisions that really gave bal- would find in bankruptcy court that we to go that far. ance to this bill. Almost without ex- are only protected to a limited extent. Let me tell you what happened as a ception every single one of them was In those States, you are virtually un- result. We received a letter from the removed in this conference committee. protected. S12144 CONGRESSIONAL RECORD — SENATE October 9, 1998 Mr. Reynolds—this is reported in the We need to make certain that if we tween Sunday and Wednesday of this newspaper; it is not some privileged in- are going to have real bankruptcy re- week discussing this bill. They were formation—is going to be able to pro- form, it is balanced reform. asked to sign the conference report and tect a home in bankruptcy valued at I hope this conference report is ulti- they chose not to. Those of us who sup- $2.5 million. mately defeated. I hope it is vetoed by ported the bill signed it. The Demo- This has been called the worst single the President. I hope we will return to crats refused to do so. Obviously, at scandal and abuse in the bankruptcy the table and in the spirit of biparti- some point, they made a decision they system. sanship guide us to a Senate bill that were going to object to this bill. I don’t If we set out to clean up the system, passed 97 to 1 on a bipartisan basis. I believe the majority of the Senators how did we overlook this glaring prob- hope we will come up with that bal- want to do that in either party. It lem? Because, frankly, there are an anced legislation. came out of this body and the other awful lot of politically powerful people I yield the floor. body with overwhelming support. who do not want to see this changed. Mr. SESSIONS addressed the Chair. It is stunning to me. I know there is We see a former commissioner of The PRESIDING OFFICER. The Sen- a campaign theme about this ‘‘do-noth- baseball moving to Florida and filing ator from Alabama. ing Congress.’’ The President has been for bankruptcy so he can put as much Mr. SESSIONS. Mr. President, I suggesting that. of his assets as possible into a home thank the distinguished Senator from This is a good historic piece of legis- that can’t be attached under bank- Illinois. He did a good amount of work. lation. We haven’t made a major im- ruptcy. He worked hard on this bill in commit- provement bankruptcy laws since 1978. A former Governor of Texas filing for tee. He worked hard on it to the very A lot of work has gone into this re- bankruptcy is buying 200 acres of ranch end. He was a champion of it in the form. This is major legislation setting land protected from bankruptcy. And committee. It came out of our commit- forth major progress. And, all of a sud- the average person walking into a tee by a 17-to-2 vote. It passed in the den now, at the last minute, all of the bankruptcy court across America Senate with only one negative vote. objections come up. I suppose they will doesn’t have that kind of a sweetheart Then we went into conference with the accuse us of not being able too pass the deal. House. I am convinced that the bill is bankruptcy legislation. We cleaned that up in the Senate bill. better today after having been be in But I want to say this: I think some And the conference committee, when conference than it was before it left, people who killed this bill are going to they closed the door, basically stripped even though I had to give up some have to answer why. I don’t believe it it out. They made some changes—I will things that I favored. is going to be a satisfactory expla- give them credit for that—some modi- I certainly agree with the idea that nation to say that they voted against fications. But when it comes to dealing with this homestead situation, where mil- it because it prohibited trial lawyers the amendment offered by Senator lionaires move off, buy mansions, and from bringing a bunch of class actions. then declare bankruptcy, is a scandal. Only within the area of a finite part of KOHL of Wisconsin, Senator SESSIONS of But I am telling you, I was amazed Alabama, they are not even close. the bankruptcy law are class actions If you are talking the shame of bank- how many Senators from States who prohibited. ruptcy, I think it is shameful that we have those homestead exemptions, mis- That is almost an insignificant part would allow that kind of loophole to takenly in my view, felt very strongly of this bill. And to raise that now and continue and say that we have passed a that this somehow abrogated their suggest it is a basis to oppose this bill meaningful reform bill. State law, their State constitutions. suggests to me just how good a bill it I come here today in opposition to Their opposition, as Senator GRASSLEY is, if that is all they can find to fuss this bill. I am glad that the adminis- knows, jeopardized the ability of the about. Maybe this suggests that it is tration has indicated that it will veto bill to pass. We made some modest trial lawyers making the phone calls the bill. progress towards restraining this and stirring up the opposition. It really I have said to Senator GRASSLEY and abuse. is frustrating to see a man of the abil- all others who are interested in this Senator GRASSLEY said he was pre- ity, the patience and the integrity of subject that I want a fair bill, one that pared to let us take it up again next Senator GRASSLEY bring this bill up is fair to consumers as well as to credi- year and see what we could do then. with the great support he had from tors. The door is still open for us to But in order to move the bill, we made both parties and see it now being jeop- come and sit together and try to some progress rather than no progress ardized by a Presidential veto. achieve that. on this issue. I certainly believe we can I would hate for that to happen. I be- But those who think they can push do better. lieve when the President actually stud- this through, that they can slam-dunk This bill passed the House with 300 ies this bill carefully, he is going to this change without taking into con- affirmative votes; 75 Democrats sup- conclude ti is a historic improvement sideration the protection of consumers, ported it. I really do not agree with the over the present law, that he cannot I think have really done a disservice to assertions that this is not good biparti- justify not signing it, that it will be families across America—families who san legislation. good for America and that he will sign count on this Senate and their House It really hurts me to hear the Sen- it. I certainly hope that is true. of Representatives to listen to their in- ator say that this bill guts the protec- Let me mention a couple of things terests, not just to the interests of the tions that were in the Senate version. about the bill. We have several pages of banks and the credit industry and the This bill institutes protections for restrictions on credit. There is a whole institutions which can afford the high- debtors, but it does set some standards section of this bill entitled ‘‘Enhanced paid lobbyists in this town. in bankruptcy. It will not let an indi- Disclosures on the Open End Credit A few days after our bill passed in vidual come in and wipe out all of their Plan.’’ We went into credit cards and the Senate, I ran into a banking lobby- debt without any explanation or any some of that stuff, but this is not a ist in this town who said to me with a justification for it. They have to jus- banking bill. This is not a credit card smile, ‘‘When it is all said and done, tify that they need this radical protec- bill. This is a bill to improve bank- your consumer protections are gone.’’ tion. ruptcy, not credit cards. Attaching and She seemed to know already what the With regard to the question of fair- raising all those issues is something outcome would be. I didn’t think that ness, we have been on this bill for years that ought to be done by the Banking was going to happen. I thought when now. Senator GRASSLEY has met and Committee. But we included some re- we got into conference we would be met and met. He worked very hard and strictions, a number of restrictions, able to protect consumers. It didn’t had the bipartisan support of his Sen- and we put in this bill a study required happen. What we got was a study—a ate Judiciary Committee and his sub- to be done by the Federal Reserve study instead of a law. A law doesn’t committee on this bill. Senator DURBIN Board to help us develop a way to con- protect anybody unless it is enforced. is the ranking member of it. The staff trol any abuses in the credit card in- And a study has never protected any- on Sunday met for 7 hours. They met 10 dustry. I think it will be a step for- body even if it is enforced. hours with the Democratic staff be- ward. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12145 This is a not a stonewall. Here at the small town or community post offices. Mr. HATCH. Mr. President, what this last minute we don’t have to be creat- Our first Postmaster General was Ben- legislation will accomplish is straight- ing movement from bankruptcy to jamin Franklin, 200 years ago. And, ob- forward. If a person is able to repay credit cards. I feel strongly about that. viously, at that time post offices were their debts, they will be required to do Let me just mention a couple of very important to Americans. It was a so. We must restore personal respon- things the bill does. It, for the first local gathering place; it was a meeting sibility to the bankruptcy system. If time, states that if you have plenty of place, in addition to sending and re- we do not, every family in America, money to pay back a lot of your debts, ceiving mail. And the same is true many of whom struggle to make ends you ought to do so. So if you can pay today in small town America, in some meet, will continue to shoulder the fi- back 50 percent, 70 percent of your of our smaller communities and even nancial burden of those who abuse the debts, you ought to go into chapter 13. some of our larger communities. system. The court will protect you from law- For example, in my State of Mon- It always has been my view that indi- suits and creditors, and you set up a tana, let’s take Livingston, the post of- viduals should take personal respon- payment plan and you can pay back fice is where people meet to compare sibility for their debts, and repay them those creditors a portion of what you notes, talk about what the fly hatch is to the extent possible. Under the owe if you have sufficient income. on the Yellowstone so they will know present system, it is too easy for debt- Now, the standard used for income is what to go fishing with. And maybe ors who have the ability to repay some the national median income for a fam- Red Lodge, MT—collect the mail and of what they owe to file for chapter 7 ily of four. This means that the person talk about what happened at the most bankruptcy. Under chapter 7, debtors would have to make over $50,000 a year recent track meet. The same is true in can liquidate their assets and discharge to be required to pay any back. If they Plains, MT, a post office that has been all debt, while protecting certain as- make less than that, they can stay in there for 115 years. sets from liquidation, irrespective of the chapter 7 and wipe out all of their The problem is this: The Postal Serv- their income. Mr. President, I believe debts. So I don’t think the standard is ice recently, in my judgment, has not that the complete extinguishing of very high at all. But people who are treated communities fairly because it debt should be reserved for debtors who wealthy, have money, ought to pay has come in and closed local post of- truly cannot repay them. back some of their debts. And many of fices and often rebuilt them outside of Mr. President, let’s think about this them can pay all of their debts back. town to essentially destroy the local problem in fundamental terms. Let’s That is the historic step. It is only character of the community. say that somebody owes you money, Senator JEFFORDS and I offered an fair. And it is just not moral to allow and is perfectly able to pay you back amendment on the Treasury-Postal ap- people to not pay their just debts when However, this person finds a clever way propriations bill. It passed the Senate they are capable of doing so. under Federal law to avoid paying you. by a vote of 76 to 21. A similar version I see the distinguished chairman of That would be wrong—it would be un- passed the House. Essentially, we are the Senate Judiciary Committee has fair. Yet, we are allowing this to hap- just providing for notice so that local come in the Chamber. I have a couple pen every day in our bankruptcy communities, when the Postal Service of minutes remaining. I will be de- courts. We have a system woefully in decides to come in and close a post of- need of reform. The bankruptcy system lighted to yield for any comments he fice or move it, would have a chance to was never intended to be a means for has. He has been a strong leader in this have a hearing, would have an oppor- people who are perfectly able to repay legislation. tunity to have notice, would have an their debts to get out of paying them. I yield the floor. opportunity to have some say in their It was designed to be a last resort for Mr. HATCH addressed the Chair. community. the PRESIDING OFFICER. the Sen- Today, under Postal Service regula- people who truly need it. What our bill ator from Utah is recognized. tions, local people don’t have a say. does is allow those who truly need Mr. BAUCUS. Mr. President, will the They don’t have the ability to influ- bankruptcy relief to have it, but re- Senator yield? ence, in any meaningful way, where quires those who can repay their debts Mr. HATCH. Without losing my right their post office is located or whether to do so. This is not a novel concept. It to the floor. it should be closed. is basic fairness. Mr. BAUCUS. I just wonder if the I think that is wrong. I regret saying Americans agree that bankruptcy Senator will give am a few minutes. I this, but the conferees on the bill should be based on need. As this chart have been in the Chamber for over a stripped our amendment, even though demonstrates, 87 percent believe that half hour waiting. I would appreciate it passed the Senate 76 to 21, and even an individual who files for bankruptcy the Senator yielding. though it had very large support in the should be required to repay as much of Mr. HATCH. how much time would House. their debt as they are able to and then the Senator want? That is just not right. It is not fair. be allowed to extinguish the rest. Yet, Mr. BAUCUS. Three to 4 minutes. It is not fair to those folks in commu- as stated in the Wall Street Journal Mr. HATCH. Could the Senator do it nities who very much rely on their post (Nov. 8, 1996) bankruptcy protection in 2? office. We are just asking for a fair laws give an alarming number of ‘‘ob- Mr. BAUCUS. Three. process so the local people have the op- scure, but perfectly legal places for Mr. HATCH. Three. Three minutes. portunity to have some say in their anyone to hide assets.’’ For instance, Go ahead. community so that Uncle Sam, Uncle one Virginian multimillionaire in- Mr. BAUCUS. I thank the Senator Postal Service, doesn’t ram down their curred massive debt, but under State very much. throats a solution that doesn’t make law was entitled to keep certain house- Mr. HATCH. Without losing my right sense. I regret to say the conferees did hold goods, farm equipment, and ‘‘one to the floor. not include it, and next year I will re- horse.’’ This particular individual The PRESIDING OFFICER. Without introduce the legislation, I am sure, opted to keep a $640,000 race horse. objection, it is so ordered. along with Senator JEFFORDS. That This bill does a number of things to The Senator from Montana is recog- provision, unfortunately, is not in the make ti harder for people who can nized. bill. repay their debts to avoid doing so by Mr. BAUCUS. Mr. President, I thank Again, I thank my good friend from using loopholes in the present bank- my good friend from Utah for his gra- Utah, and I yield the floor. ruptcy system. ciousness in yielding me 3 minutes. The PRESIDING OFFICER. The Sen- It provides a needs-based means test f ator from Utah. approach to bankruptcy, under which f debtors who can repay some of their RELOCATION OF LOCAL POST debts are required to do so. It contains OFFICES BANKRUPTCY REFORM ACT OF new measures to protect against fraud Mr. BAUCUS. Mr. President, I want 1998—CONFERENCE REPORT in bankruptcy, such as a requirement to talk about something very simple. It The Senate continued with the con- that debtors supply income tax returns is about post offices and particularly sideration of the conference report. and pay stubs, audits of bankruptcy S12146 CONGRESSIONAL RECORD — SENATE October 9, 1998 cases, and limits on repeat bankruptcy lar, the court can decrease the credi- This bill also provides new and im- filings. tor’s claim by up to 20 percent. portant protections for retirement sav- Mr. President, I am amazed to hear New penalties for violating the auto- ings. The AARP has stated, ‘‘The accu- critics of this legislation make the ar- matic stay—including actual damages mulation and preservation of retire- gument that his report does not pro- and attorneys fees. ment funds * * * represents an impor- tect consumers. As recently as yester- New protections from credit card tant national goal.’’ The AARP be- day, I read that an opponent of this cancellation. A credit card company is lieves—and I agree with them—that re- legislation said, ‘‘The Republican con- prohibited from terminating a cus- tirement savings should be more uni- ferees stripped out every significant tomer’s account solely because the formly protected, and that ‘‘Shielding consumer protection in the Senate bill, debtor has not incurred finance charges retirement funds would reduce the and to add insult to injury, repealed on the account. likelihood that legitimate petitioners existing consumer protections in the New credit card warnings and disclo- will be impoverished later in life.’’ law.’’ How, Mr. President, does this bill sures, including new initial disclosures, Under this bill, retirement plan assets ‘‘repeal existing consumer protec- new periodic statement disclosures and are categorically untouchable by credi- tions?’’ Further, I challenge anyone new annual disclosures about the re- tors, even if State exemptions are oth- who would make such an unfounded ality of paying off a balance by making erwise claimed. claim to compare the House bill, which only the minimum payment. A new study on disclosures for closed Furthermore, this legislation keeps passed with an overwhelming biparti- and open end credit secured by the drunk drivers from using bankruptcy san vote of 306 to 118, with this bal- debtor’s house, to be conducted by the to get out of paying their victims the anced conference legislation, and tell Federal Reserve Board, with authority judgments they owe them. me there are no new significant con- to issue new disclosure regulations. I simply can’t believe that opponents sumer protections. A new Fed study on the sufficiency of of this legislation can say with a Let’s get beyond the politics. Let’s current consumer protections on debit straight face that this legislation stop with the unfounded criticisms of card liability and the authority to doesn’t help the American people. this legislation, and look at what it issue new disclosure regulations. About $40 billion in consumer debt really gives to consumers: A report from the comptroller gen- will be erased this year in personal A debtor’s bill of rights with disclo- eral within 1 year on whether there are bankruptcies. sure requirements for debtor lawyers excessive extensions of credit to col- Let me put this figure in perspective. who advertise. This provision is de- lege students. $40 billion is enough to fund the entire signed to protect consumers from And, the bill makes extensive reform U.S. Department of Transportation for ‘‘bankruptcy mills’’ that are out to to the bankruptcy laws in order to pro- a year, or to provide Pell grants to 13 make money without regard to con- tect our children. The bill ensures that million needy college students. sumers. This provision will protect un- bankruptcy cannot be used by deadbeat It has been estimated that bank- wary consumers from being lured into dads to avoid paying child support and ruptcies cost every American family bankruptcy without knowing what alimony obligations. The obligation to about $400 per year. Apparently, critics they are getting into and without pay child support and alimony is of this legislation are content to throw knowing their alternatives. moved to a first priority status under this money away. But where I come Credit counseling for debtors before this legislation, as opposed to its cur- from, $400 a family means something. they file for bankruptcy, so that they rent place at seventh in line, behind It buys 5 weeks worth of groceries, 20 may be able to avoid bankruptcy alto- bankruptcy lawyers and other special tanks of gas, 10 pairs of shoes for a gether. interest. With this new law, debtors grade school child, or more than a New consumers protections with re- who owe child support will have to gard to reaffirmations. Every debtor year’s supply of diapers. keep paying it when they file for bank- Are opponents of this bill really com- who reaffirms unsecured debt will have ruptcy, and they cannot obtain a dis- the opportunity to appear before a fortable with the status quo? Are they charge until they bring their child sup- willing to throw away all of the impor- judge. And, a new heightened standard port and alimony obligations current. tant new consumer protections we have is required in the review of each of Also, if a debtor pays child support worked for in this bill? Are they will- these agreements to make sure debtors right before filing for bankruptcy, the ing to have retirement savings and are not coerced into making them. child support payment can’t be taken educational savings exposed to the New reaffirmation disclosure require- away from the kids. ments. Even it a debtor is represented The National Association of Attor- claims of creditors in bankruptcy? Are by counsel, the creditor must give new neys General has told me that they they willing to continue to let dead- disclosures to the debtor with regard to ‘‘applaud the provisions * * * that im- beat dads use the U.S. bankruptcy sys- the debtor’s rights. prove the tr4atment of domestic sup- tem to get off the hook for child sup- New penalties for pressuring debtors port obligations by ensuring that the port? Are they willing to let drunk after discharge. A $1,000 penalty plus spouse and children will continue to be drivers use bankruptcy to get out of actual damages and attorneys fees if a able to collect support payments they paying their victims? creditor violates the post-discharge in- are owed during the bankruptcy case The only conclusion we can reach is junction. and that debtors will not obtain a dis- that opponents of this legislation sim- New penalties for abusive reaffirma- charge until they have met their obli- ply never wanted to see bankruptcy re- tion practices: Another $1,000 penalty gations to their spouse and children.’’ form at all. Apparently, they are con- on top of actual damages and attorneys The attorneys general go on to say tent to do nothing to curb the record fees if a debtor is injured by a credi- that ‘‘these are much needed additions increases in bankruptcy filings. They tor’s failure to follow the procedures to current law, and we strongly support are willing to allow people to continue for a reaffirmation agreement. these changes.’’ the National Child to ‘‘game’’ the bankruptcy system at New penalties for refusal to credit Support Enforcement Association has the expense of honest, hardworking the payment plan properly—again, also written to me in support of these Americans. And, they are happy to sit $1,000 plus actual damages and attor- improvements to bankruptcy law be- idly by and do nothing when they see a neys fees when the creditor refuses to cause of the need ‘‘to strengthen and $400 hidden bankruptcy tax imposed on credit payments under a plan. clarify the rights of separated families every American family year after year. New protection for debtors from un- during and following bankruptcy pro- It is my sincere hope my colleagues justified motions for dismissal in the ceedings.’’ will not derail this bill just to make a form of liability for the debtor’s attor- In addition, this bill protects our political statement, and instead vote neys fees and costs. children’s educations. With this legis- their conscience on the substance, and New penalties for creditors who fail lation, postsecondary education ac- support this bill. I am also hopeful that to negotiate. If a creditor unreasonably counts will be protected in bankruptcy the President and his advisors will rec- refuses a good faith offer to settle be- up to $50,000 per child or $100,000 in the ognize the importance of this bill to fore bankruptcy for 60 cents on the dol- aggregate. the economy and to all consumers. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12147 In conclusion, Mr. President, I have There is a lot we have done here. Is it protecting their farms and homes. Just heard these arguments from my col- perfect? No, because we have two bod- last year, the Senate passed the Fam- leagues on the other side that this ies here that have to get together. ily Farmer Protection Act by unani- process has not been a good process and I would also like to express any dis- mous consent that would permanently all of their consumer protection items appointment that despite hours and place Chapter 12 in our bankruptcy have been taken out of this bill. hours and numerous meetings between code. If we want to protect our family Look, I negotiated with the House on Democrats and Republicans, some say farms and farmers during this crisis, this, and we had to do it in a very in- that the process was not fair or some- we must pass the bankruptcy con- tensive, tight framework. It was a very how excluded Democrat participation. ference report and place Chapter 12 per- difficult thing to do. Let me go down I lived through years and years of manently into our bankruptcy code. through some of the new consumer pro- Democrat control of this body, and the Mr. KERREY. Mr. President, I want tections that are in this bill, because other body, and I have to tell you, they to express my disappointment with nothing could be farther from the truth were not nearly as fair in most con- H.R. 3150, the Bankruptcy Reform Con- than for them to come out here and in- ferences as we have been here in trying ference Report, and the decision of the dicate there are no consumer protec- to accommodate Democrats—when Conference members to drop important tions. many did not want to. So we have tried provisions that would have helped our No. 1, we have a Debtor Bill of Rights to do it. I think it is just really very farmers. in this bill, credit counseling; we have phony to go otherwise. I voted for the Senate version of the judicial review of reaffirmation; we I yield the floor. bankruptcy bill because I believe it have reaffirmation of disclosure re- Mr. BROWNBACK. Mr. President, I properly toughened provisions to keep quirements; we have penalties for pres- rise in support of the Senate-House bad seeds from filing for bankruptcy, suring debtors after discharge; we have Conference Report on the Consumer while maintaining protections for con- penalties for abusive reaffirmation; we Bankruptcy Reform Act. I applaud the sumers. I voted for the Senate bill be- have penalties for refusal to credit pay- hard work of both the Senate and cause I worked hard to get important ments; we have protections from un- House conferencees, especially the protections for farmers added to the justified motions; and penalties for leadership that Senator GRASSLEY has bill. failure to negotiate. shown on reforming our bankruptcy The Senate passed a bipartisan piece This is all for the protection of con- laws. of legislation that not only was crafted sumers. Penalties for violating auto- I believe that this conference report in the best spirit of bipartisanship, but matic stays, protection from credit is a balance between preventing the included valuable provisions to help card cancellations, credit card warn- fraud and abuse of our bankruptcy sys- our farmers, who are facing the worst ings and disclosures that we require, tem and protecting those who are in economic crisis in a decade. rules and study on disclosures, over 100 considerable economic pain. The in- I, along with my friend from Wiscon- percent mortgage credit study; we have crease in bankruptcies has put a strain sin, Mr. FEINGOLD, worked hard to add a study on debit card liability; we have on our economy and families. These provisions to the Senate bill to specifi- a college student and credit card study. losses associated with bankruptcies cally help family farmers by increasing All of this is important, meaning we have been passed onto consumers, cost- debt limits so that inflation levels are are going to continue to revisit this ing every household that pays its bills factored into their debt calculations; and do all of the things we can to do $400 in hidden taxes. That is not fair to ease regulations related to income ac- what is right here. the millions of families who pay their We have child support protected, edu- quired off of the farm by families try- bills every month. This report will pro- cation savings protected, retirement ing to make ends meet; and help farm- hibit fraud, abuse, and the casual use savings protected; we have drunk-driv- ers better structure their debt in order of our bankruptcy laws while ensuring ing judgments are going to get paid. to continue to prepare for next season’s Now, there are a lot of consumer pro- the payment of child support and ali- crops and livestock. tections here. Look at this: ‘‘Ameri- mony. All of these provisions were removed cans agree bankruptcy should be based I am disheartened by some of my in the Conference Report. on need.’’ Democratic colleagues and the Admin- I come to the floor today to make istration’s opposition to this con- An individual who files for bankruptcy something clear. I will not let the Con- should be able to wipe out all their debt re- ference report. This bill not only re- ference Committee’s decision to ex- gardless of their ability to repay that debt. forms our current bankruptcy laws, clude these important protections for That is 10 percent of the people. but places Chapter 12 into our bank- farmers be the final word. I plan on The ‘‘DK refused,’’ 4 percent. ruptcy code permanently in order to doing everything I can during these re- An individual who files for bankruptcy protect family farms and farmers. maining days to get these much needed should be required to pay as much of their Farmers in Kansas and across the farming provisions included in the Om- debt as they are able to and then be able to country are experiencing cash flow nibus Appropriations bill. wipe out the rest. problems associated with low commod- Mr. KOHL. Mr. President, I rise to Eighty-seven percent fit in that cat- ity prices. U.S. Dept. of Agriculture es- express my strong concern about the egory. What does that mean to the timated that net farm income would be conference report on bankruptcy re- American taxpayers and the real con- down by 15.8 percent this year. Some form. We do need to stop abuse of the sumers in this country and everybody economists have indicated that Ameri- bankruptcy system, and there is some else who is paying for this ungodly ca’s farmers could soon see a recession good in this measure. But regrettably process? About $40 billion in consumer similar to the one which occurred in this is not an adequate solution. I do debt will be erased this year in per- the mid-1980’s. want to ‘‘proceed,’’ but to a better sonal bankruptcy. First, $40 billion Chapter 12 of the bankruptcy code bankruptcy bill. would fund the entire U.S. Department was created by Congress in 1986 in re- Two weeks ago, the Senate over- of Transportation for 1 year; second, sponse to the farm crisis of the mid- whelmingly passed a reform bill which provide Pell grants to 13 million needy 1980’s, which caused many family farm- I was proud to support. It targeted the college-bound students; third, ‘‘The ers to lose their farms and homes. This worst abuses by debtors and creditors, Flawed System Costs Every American chapter was specifically designed to without overburdening the vast major- Household $400.’’ Just think about protect family farmers by enabling ity of debtors who truly need—and de- that. Last but not least, ‘‘Bankruptcies them to reorganize their debts and serve—relief. Senator GRASSLEY and Cost American Families $400 a Year.’’ keep their land. However, this chapter Senator DURBIN deserve much of the That $400 could buy a family of four has not yet been reauthorized and ex- credit for putting together such a bal- 5 weeks of groceries, 20 tanks of un- pired on October 1. anced and effective measure. leaded gasoline 10 pairs of shoes for the While I realize both sides of the aisle But this bill is not that bill. Let me average grade-school child, and more have differences on how to provide re- tell you why. than 1 year’s worth of disposable dia- lief to our family farmers during this Mr. President, we can’t truly ‘‘re- pers. difficult time, we are all unanimous in form’’ the bankruptcy system unless S12148 CONGRESSIONAL RECORD — SENATE October 9, 1998 we eliminate the most egregious abuse. Mr. FORD. I announce that the Sen- MORNING BUSINESS That is, debtors who shield their assets ator from Ohio (Mr. GLENN), the Sen- Mr. COATS. Mr. President, I ask in luxury homes in states like Florida ator from South Carolina (Mr. HOL- unanimous consent that there now be a and Texas, while their legitimate LINGS), and the Senator from Min- period of morning business with Sen- creditors—children, ex-spouses owed nesota (Mr. WELLSTONE) are nec- ators permitted to speak for up to 5 alimony, governments, retailers and essarily absent. minutes each. banks—get left out in the cold. If we I further announce that, if present The PRESIDING OFFICER. Without really want to restore the stigma to and voting, the Senator from Min- objection, it is so ordered. bankruptcy, all of us know this is the nesota (Mr. WELLSTONE) would vote Mr. COATS. Mr. President, I ask best place to start. By capping the ‘‘aye.’’ unanimous consent that I be permitted homestead exemption at $100,000, the The result was announced—yeas 94, to speak for up to—and I do not think Senate bill would have stopped this nays 2, as follows: it will take that long—15 minutes. abuse. [Rollcall Vote No. 313 Leg.] But the Conference Report won’t put The PRESIDING OFFICER. Without YEAS—94 an end to this practice. Indeed, it only objection, it is so ordered. Abraham Faircloth Mack Mrs. HUTCHISON. Mr. President, I addresses part of the problem—by mak- Akaka Feingold McCain ing it harder to move to Florida or ask unanimous consent that I be al- Allard Feinstein McConnell lowed to follow the Senator from Indi- Texas solely to take advantage of their Ashcroft Ford Mikulski liberal homestead laws. Now that is a Baucus Frist Moseley-Braun ana for 5 minutes. step forward. But it is just a small Bennett Gorton Moynihan The PRESIDING OFFICER. Without Biden Graham Murkowski objection, it is so ordered. step; it does nothing to stop debtors Bingaman Gramm Murray who already own lavish homes—or sec- Boxer Grams Nickles f ond homes—in those states from con- Breaux Grassley Reed Brownback Gregg Reid PRIVILEGE OF THE FLOOR tinuing to live like kings. That’s an in- Bryan Hagel Robb justice to legitimate creditors and an Bumpers Hatch Roberts Mr. COATS. Mr. President, I also ask outrage to anyone who believes—like I Burns Helms Rockefeller unanimous consent that members of do—that deadbeats who go into bank- Byrd Hutchinson Roth my staff be granted floor privileges Campbell Hutchison Santorum during the presentation of my state- ruptcy shouldn’t be able to shield their Chafee Inhofe Sarbanes assets in luxurious homes. Cleland Inouye Sessions ment. And I also ask unanimous con- Just take a look at what Burt Rey- Coats Jeffords Shelby sent that a list of their names be print- nolds did earlier this week. The meas- Cochran Johnson Smith (NH) ed in the RECORD. Collins Kempthorne Smith (OR) ure wouldn’t apply to him, because he Conrad Kennedy Snowe The PRESIDING OFFICER. Without lives in Florida and that state has no Coverdell Kerrey Specter objection, it is so ordered. homestead cap. As part of his bank- Craig Kerry Stevens The list is as follows: D’Amato Kyl Thomas ruptcy settlement, he managed to hold Daschle Landrieu Thompson Mike Boisvenue, Joy Borkholder, David onto his $2.5 million estate called ‘‘Val- DeWine Lautenberg Thurmond Crane, Mike Farley, Carol Feddeler, Frank halla.’’ Now, I like Burt Reynolds’ Dodd Leahy Torricelli Finelli, Tim Goeglein, John Hatter, Debra movies. I liked ‘‘Deliverance,’’ ‘‘Daisy Domenici Levin Warner Jarrett, Vivian Jones, Holly Kuzmich, Bruce Dorgan Lieberman Wyden Miller,’’ and ‘‘The Longest Yard’’— Landis, Sue Lee, Robin McDonald, Christine Durbin Lott McEachin, Townsend Lange McNitt, Steph- though I didn’t see ‘‘Boogie Nights.’’ Enzi Lugar anie Monroe, Michael O’Brien, Karen Parker, Burt Reynolds is a fine actor. But it NAYS—2 Ryan Reger, Marc Scheessele, Pam Sellars, seems like he’s making out much like Harkin Kohl Mary Smith, Matt Smith, Sharon his title role in ‘‘Smokey and the Ban- Soderstrom, Russ Vought, Emily Wall, and dit.’’ While he lives in luxury, his le- NOT VOTING—4 Paul Yanosy, gitimate creditors lose millions. The Bond Hollings Mr. DASCHLE. Parliamentary in- Conference Report allows this to hap- Glenn Wellstone quiry; could the Chair inform our col- pen; the Senate bill would have put an The motion was agreed to. leagues as to the order that has been end to this travesty. agreed to as a result of the unanimous Of course, the dramatic rise in bank- f consent request. ruptcies is very troubling, regardless of The PRESIDING OFFICER. The Sen- whether the blame lies with credit card BANKRUPTCY REFORM ACT OF ator from Indiana has up to 15 minutes, companies, a culture that disparages 1998—CONFERENCE REPORT as agreed to by unanimous consent, to personal responsibility, the bankruptcy The PRESIDING OFFICER. The re- be followed by the Senator from Texas code or, most probably, with all of the for up to 5 minutes. above. While none of us wants to re- port will be stated. The legislative clerk read as follows: Mr. DASCHLE. I ask unanimous con- turn to the era of ‘‘debtors’ prison,’’ we sent I be recognized for the purpose of need to do something to reverse this The committee of conference on the dis- agreeing votes of the two Houses on the morning business following the two trend, reduce the number of bank- Senators who have already been identi- ruptcy filings and make sure bank- amendment of the Senate to the bill (H.R. 3150), have agreed to recommend and do rec- fied through the unanimous consent. ruptcy remains a tool of last resort. ommend to their respective Houses this re- The PRESIDING OFFICER. Without This bill does some of that. For exam- port, signed by a majority of the conferees. objection, it is so ordered. ple, it discourages repeat filings and it The Senate proceeded to consider the Mr. COATS. Mr. President, let me encourages debtors who can repay conference report. state that it is not my intention to some of their debts to do so. But Mr. (The conference report is printed in hold anybody here that needs to leave. President, ultimately this Conference the House proceedings of the RECORD of It is my understanding that all normal Report falls short. Instead of proceed- October 7, 1998.) business for the day has been finished, ing to this measure, we should proceed Several Senators addressed the and that is why I asked for the permis- to a better bill. And hopefully next Chair. sion to speak in morning business. If Congress we will. Thank you. The PRESIDING OFFICER. The hour The PRESIDING OFFICER. The that is not the case, I am certainly of 6 o’clock having arrived, the ques- Chair recognizes the Senator from willing to defer. tion is on the motion to proceed to the Texas. Since I hear no objection, I will pro- conference report on H.R. 3150. Mrs. HUTCHISON. I am happy to ceed. The yeas and nays have been ordered. yield to the Senator from Indiana. f The clerk will call the roll. The PRESIDING OFFICER. The The legislative clerk called the roll. Chair recognizes the Senator from Indi- REFLECTIONS Mr. NICKLES. I announce that the ana. Mr. COATS. Mr. President, the end of Senator from Missouri (Mr. BOND) is Mr. COATS. I thank the Senator the 105th Congress marks the begin- necessarily absent. from Texas. ning of my transition from Senator to October 9, 1998 CONGRESSIONAL RECORD — SENATE S12149 citizen. This ends 24 years for me of log in debate, and who, at the end of the justice of the Creator to his crea- public service: Two in the U.S. Army, the debate, we have been able to meet tures. . . . In their enlightened belief, noth- four as a legislative assistant and dis- at the center aisle, shake hands, ac- ing stamped with the divine image and like- trict director for then-Congressman knowledge, ‘‘Well done, we will get you ness was sent into the world to be trodden on. . . . They grasped not only the whole Dan Quayle, and 18 in the Congress. next time,’’ or ‘‘See you at the next de- race of man then living, but they reached While I look forward to life after poli- bate?’’—all of those mean a great deal forward and seized upon the farthest poster- tics, I know how much I will miss this to me. I come from here with many, ity. They erected a beacon to guide their place and its people, and so I want to many memories. children, and their children’s children, and acknowledge some debts. I want to thank my wife for her love the countless myriads who should inhabit I want to acknowledge the privilege and support and sacrifice. She is the the Earth in other ages. of serving under two remarkable Re- best mother that any three children My question is, Will that beacon publican leaders and one Democrat ma- could ever have had. She has been a fa- shine for all our children, those born jority leader, all of whom I hold a great ther many times when I haven’t been and yet to be born? Or will we, in the deal of respect. Senator Mitchell was there to do the job as a father. My chil- name of personal liberty, stamp out majority leader when I arrived. He dren have been patient and had stolen the divine image and likeness of the gave me nothing but the utmost cour- moments which I will never be able to most defenseless of all? I believe it is tesy, fairness and respect. I have a recover. I thank my colleagues, as I one of the central questions of our great deal of respect for him in the way said, those who have shared ideals and time. he conducted this Senate. Senator Dole those who we had honorable and honest I know we are divided on that issue. became my friend and mentor. His life disagreement. Finally, the people of In- I hope, though, that we would all put is a tribute to a true patriot and to diana who have seen fit to elect me aside some of the harsh rhetoric and someone whose commitment to public many times to the Congress and twice continue to engage in the discussion service, I think, is nearly unequal. Our to the Senate, thank you for giving me about the meaning and the value of life current leader, Senator LOTT, is some- a privilege beyond my ability to earn and what our duties and responsibil- one who is a dear friend, someone who the privilege of their trust, the honor ities are to protect that life, to expand I greatly respect, and I think certainly of their votes. the ever-widening circle of inclusion has a great future as majority leader. In times of change you become re- that our great democracy is known for: There are many others that have flective, and it is nice to think about bringing women, the defenseless, the made a deep impression on me and pro- your accomplishments. It is also a time handicapped, African-Americans and vided friendship and support in ways to reflect on unfinished business, busi- minorities within this circle of protec- that I will never be able to adequately ness that I hope will help shape the di- tion in our democracy. And I believe— acknowledge: The senior Senator from rection of this Congress that some have my personal view, and I hope one we Indiana, whose lifetime of public serv- indicated an interest in, and hopefully would certainly debate and discuss— ice serves as a model to many; my others will pick up that interest. that extends to the unborn. staff, who have faithfully and tirelessly By constitutional design, the meas- Secondly, another great issue that I served. I have always said good staff ure of success in the Senate, I think, is believe demands our continued atten- makes for good Senators. I don’t know different from other parts of govern- tion is the long-term strength of our if I fit the quality of a good Senator, ment. We are employed to take a Nation, the resource and planning that but I know I had a good staff. Any longer view, insulated from the rush of we devote to the defense of liberty. failings on my part are not due to my hours to see the needs of future years. Here we are, not weak as a nation, but staff, they are due to me. They have This is the theory. In practice, the pace I fear that we are on a trajectory to- been exceptional. I think they are the of politics makes this very different, ward weakness—that our power and au- best Senate staff assembled. I say that very difficult. This has been the great- thority are being spent and not accu- for the very few who are left that have est source of personal frustration dur- mulated. not secured employment. Some of you ing my years in this institution, that It has been one of the highest are passing up great opportunities if we have not spent nearly enough time callings and privileges for this Senator you don’t grab them. dealing with the larger issues that face to serve on the Senate Armed Services I have had three very, very able ad- us, things that will matter down the Committee and to use that position to ministrative assistants, chiefs of staff: road, topics that will be chapters in advance the cause of our men and David Hoppe, who now serves as the American history, not footnotes in the women in uniform. I deeply respect and floor’s chief of staff and served with me CONGRESSIONAL RECORD. honor those who have served our Na- for my first 4 years; David Gribbin, If you allow me the privilege, I will tion in war and peace as watchmen on who many of you know, assistant sec- briefly mention three of those matters the wall of freedom, but the test of our retary of staff for Dick Cheney for that I trust will remain central to the appreciation is measurable by the firm- many, many years in the House; and questions of our time. ness of our determination that their now Sharon Soderstrom. All have been All of you know of my interest in the lives will not be needlessly sacrificed exceptional chiefs of staff. They have issue of life. I believe there is no higher because we have allowed the deterrent assembled a wonderful staff. call of government than to protect the power of America’s military to decay. The Senate support team: All those most defenseless among us. There is no The history of this country is a history who man the desks and work the cloak- greater honor in this Senate than to of military victories, but it is also a room and make sure we vote on time; use our voice to speak for those who history of how our Nation often invited the guards who protect us and make cannot speak for themselves. Perhaps future conflict and unnecessary loss of sure we are safe in our jobs; the staff uniquely among our deliberations, the American life by too swiftly disarming who serve us, and the people who make cause of life is informed and ennobled after our victories and squandering the this place work, they are a family. by a simple truth: Humanity is not an opportunities of peace. They have treated me like part of the achievement. It is an endowment, and In 1939, Army Chief of Staff, Malin family. I have tried to treat them as that that endowment is made by a Cre- Craig said: part of the family. They make it pos- ator who gives inalienable rights, first What transpires on prospective battlefields sible for us to do so many things and among them the right to life. This is a is influenced vitally years before in the they certainly deserve our acknowledg- founding principle of our political tra- councils of the staff and in the legislative ment. dition. It is the teaching of our moral halls of Congress. Time is the only thing Our Chaplain, who has meant so heritage. And it is the demand of our that may be irrevocably lost, and it is the much to me from a spiritual perspec- conscience. first thing lost sight of in the seductive false tive, and my colleagues, my friends, Abraham Lincoln wrote of our security of peaceful times. who I can’t begin to thank; those who Founders: Mr. President, I believe we have been share my ideals and have voted with This was their majestic interpretation of living in peaceful times. We have en- me and those who don’t but who have the economy of the universe. This was their joyed prosperity and peace that is al- engaged in respectful, meaningful dia- lofty, and wise, and noble understanding of most unprecedented in America these S12150 CONGRESSIONAL RECORD — SENATE October 9, 1998 past several years. I fear that storm this is something I would want to have sides of the aisle, and we will have a clouds are gathering, however, on said. So allow me to briefly do that. chance over the next few hours to talk America’s horizon, that the ‘‘seductive I resolved when I came here, like about each one of them. I want to say false security of our peaceful times’’ is many of you, from the moment I took a few special words about my good fast fading. We see a frightening pro- the oath, that I would do my best not friend, DAN COATS. liferation of weapons of mass destruc- to do anything to bring this body into Senator DAN COATS succeeded Sen- tion. We see worldwide terrorism, disrepute, that I would try not to tar- ator Dan Quayle in the Senate. He was much of it directed at Americans and nish it by word or action, that what- a Member of the House, and he worked American interests. We see political in- ever I did in public policy, I would try as a staff member before that. I have stability and human suffering, social my best not to contribute to public actually known this distinguished Sen- disorder resulting from ethnic hatred, cynicism or a diminishing of the office. ator from Indiana going back about 20 power-hungry dictators, and the very I think all of us feel this burden. It is years now, as a staff member, which I real prospect of global financial dis- one of the reasons that I believe this was, as a Congressman, and as a Sen- tress with all of its attendant con- impeachment process, which we are ator. I have to say that I truly believe sequences. All of this, I believe, calls contemplating, which looms large on that no man or woman who serves in for eternal vigilance, a national de- the horizon of this Senate, has to be the Senate today has had a greater in- fense second to none, a military equal taken seriously. I don’t presume that fluence on my own life and on my own to the threats of a new century. any of us should draw a conclusion at career than DAN COATS from Indiana. We have a unique opportunity, I be- this point. But I believe it is a serious He was always there for me when I lieve, and a strategic pause that is fast thing to consider. I don’t believe that sought advice in the House. And every fading to build a new military equal to moral deregulation of public office is time I have sought elective office in the new challenges and the new threats ratified by public apathy. It will be a the Senate, he was one of the nomi- of the future. Closer to home, it is my terrible thing if the ethical expecta- nators. I referred to him as my ‘‘rab- hope that the Senate, in every future tions of public office are allowed to bit’s foot’’ because he always said just debate on social policy, will focus on wither. The Nation could double its the right things. Whenever the going is the role of families, churches and com- wealth, but we could have a shrunken the toughest, I know I can go to DAN munity institutions in meeting human legacy. I believe each of you who will and seek good advice, and it will come needs and touching human souls. This be here have a high duty and moral re- from him. He is a man that has his pri- is a world of heroic commitment and sponsibility to address this with the orities in order—honesty, integrity, high standards and true compassion utmost seriousness and the absolute family, and also those special things a that must be respected and fostered smallest amount of partisanship that is lot of people don’t know about, such as and protected, not harassed or under- possible, and I speak to my colleagues his involvement in the Big Brothers mined by Government or Hollywood. It on the Republican side, as well as the Program. One of the things he enjoyed is a world of promise that I urge all of Democrat side. the most, which he didn’t mention It is my hope that when the time you to take the time to discover. today, is that he served in the House comes, the Senate will give evidence to I believe our Nation needs a bold, for quite some time as the ranking the ideals that I have seen displayed so new definition of compassion. We need member on the Select Committee on many times in this body. I believe compassion that shows good outcomes, Children, Youth and Families. He en- these things strongly, but I don’t want not just good intentions. We need to joyed that assignment. I always want- to end on this point. I make the points get rid of the destructive welfare cul- ed to eliminate all of the select com- because I have learned from so many ture. We have taken a great step in mittees. But for DAN and that commit- here in the Senate and from so many that direction, but we still need to ful- tee, they did a great service for the great Americans who served before me fill our responsibilities to the less for- how honorable public service can be. I families and the children of this coun- tunate and disadvantaged, the children am not leaving the Senate disillu- try. and the helpless. We need to abandon DAN is the kind of guy also who will sioned in any way. I leave having seen our illusions about Government bu- run late to a meeting with the arch- how important and how sometimes reaucracies, but we still need to keep bishop and will stop and visit with a noble elective office can be, after near- our human decency. homeless man on the street to try to ly two decades of service. I believe in How is this possible? I am convinced talk to him about his needs, and try to this job and in its goals, and I am con- there is a way—a hopeful new direction help him, try to get him to go to a fident that the country is well served for change, because there are people shelter. He is really a good human by my many friends and colleagues and institutions in our society that can who will continue to serve and lead being. reach and change these things. Fami- He has been a valuable asset to the this institution. lies and neighborhoods, churches, char- Again, I thank my great State of In- Senate when it came to our services, ities, and volunteer associations have diana and the people and friends who when it came to working with any of the tools to transform people’s lives. made it possible for me to serve here. I us who have problems here in the Sen- They can demand individual respon- thank my God for the privilege of serv- ate. So I am going to dearly miss him as sibility. They can practice tough love. ice in this place, and I thank each of a personal friend, as a great Senator, a They can offer moral values and spir- you for being my friends and my col- great family man. He and Marcia are itual renewal—things that Government leagues and leaving me with memories can’t do, and we should not want Gov- that I will never, ever forget. I will great people. In fact, I was sitting on ernment to do. leave here extolling this institution as my patio a couple of weeks ago on Sat- I believe a bold, new definition of the greatest deliberative body in the urday, and I got to thinking about DAN compassion will adopt this bold dream: greatest country in the history of the COATS. I got melancholy, and I got to break the monopoly of Government world, and I have been privileged to be tears in my eyes. I called him on a Sat- as a provider of compassion and return a part of it. Thank you very much. urday afternoon and said, ‘‘You can’t its resources to individuals, churches, [Applause.] leave. I can’t go forward in the Senate synagogues, charities, volunteer asso- f without you.’’ I found out that he and ciations, community organizations and Marcia had been playing tennis on a others. This, I believe, is the next step SENATOR DAN COATS nice clay tennis court instead of being of the welfare debate and the next Mr. LOTT. Mr. President, while our out campaigning in the backwoods stage of reform, the next frontier of colleagues express their appreciation somewhere. And, somehow or other, it compassion in America. to our good friend from Indiana, I seemed okay. Before I close, let me add a personal would like to just say a few words He is leaving the Senate, but he is note, and it is difficult for me to say about him and spread those on the not leaving us. I have a feeling that he this. I have deliberated long on wheth- RECORD of the U.S. Senate. is going to have a real influence in er I should say this. But I believe, since We are all losing some good friends in many ways for the rest of his life, and I am not going to be here next year, the Senate Chamber this year on both he is going to stay close to all of us. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12151 So on a very personal basis on behalf that there are States which have con- As we’ve heard you say many times, it’s of the Senate, I wish you God’s grace in stitutions about which we feel very been a good run. And we could not let today everything you do, DAN COATS. strongly, that this is a part of our her- pass without letting you know how much it’s I yield the floor. itage. It is one that I will work tire- meant for us to have had the opportunity to work with you, to learn from you, and have Mrs. HUTCHISON addressed the lessly to see continued. you as our favorite Senator. Chair. Mr. President, I thank the Presiding Sincerely, The PRESIDING OFFICER. Under Officer. I appreciate very much the op- YOUR STAFF. the previous order, the Chair recog- portunity to work on this with Senator Mr. President, I yield the floor. nizes the Senator from Texas. GRASSLEY and Senator HATCH. I hope Mr. FORD addressed the Chair. Mrs. HUTCHISON. Mr. President, I we will prevail either in the next few The PRESIDING OFFICER. The want to add to the wonderful words days or in the next year. Chair recognizes the Senator from Ken- that were said about Senator DAN Thank you, Mr. President. I yield the tucky. COATS by our distinguished majority floor. Mr. FORD. Mr. President, let me header. He has affected many of us. I Mr. DASCHLE addressed the Chair. thank my good friend, the Democratic think by his example we have all been The PRESIDING OFFICER. Under leader, TOM DASCHLE, for reading this enriched in this body, and in the U.S. the previous order, the Democratic letter. I didn’t know it was coming. Congress. We thank him very much. leader is recognized. Mr. DASCHLE. I thank the Chair. I really do not know how to respond f to it, except to thank my staff. We f BANKRUPTCY REFORM ACT OF 1998 claim to do a lot of things around here. Mrs. HUTCHISON. Mr. President, I SENATOR WENDELL H. FORD And if we did not have loyal, faithful, rise to talk about the bankruptcy re- Mr. DASCHLE. Mr. President, as the hard-working, dedicated, intelligent form bill that we have just proceeded majority leader noted, this is a bitter- staff, not only in our offices but here to and to say that this is a very impor- sweet time for many of us. We bid col- on the floor, we would not get accom- tant reform bill. leagues farewell and we recall the plished near as much as we do. I want to commend Senator CHUCK times we have had together. In some So I thank them from the bottom of GRASSLEY for the work he has done on cases, we have worked together and my heart. And I hope that in the last this bill and to specifically talk about shared friendships for many years. few days I will not get so cantankerous one part of this bill which was very im- I have been asked to do something that they will want to expunge the portant to me. That is the homestead somewhat unusual tonight. I have been RECORD of this letter. asked by the staff of our distinguished exemption that is a part of the Texas f Constitution. Senator from Kentucky, my dear I worked with Senator GRASSLEY and friend, Senator FORD, to read a letter 56 BIT ENCRYPTION IS A GOOD Senator HATCH when this bill was com- they have composed to him for the ing to the floor earlier this month to Congressional RECORD. START, BUT IS NOT ENOUGH make sure that, by the time the bill I am delighted that Senator FORD is Mr. LOTT. Mr. President, the White was finished, it would take into ac- on the floor to hear this personally. House recently announced that it count those States that have constitu- So, as requested, I will read the let- would allow some relaxation of its tional provisions, as my State does, ter, which was written by his staff. I encryption export controls to allow the which provide for some sort of home- know my own staff shares these feel- sale of strong encryption products to stead exemption. ings for Senator FORD. The letter is companies in the finance, insurance, In my home State of Texas, we have dated October 9, 1998. and health sectors and to certain com- had a homestead exemption under our OCTOBER 9, 1998. panies engaged in electronic com- DEAR SENATOR FORD: After several weeks merce. While the specific details have bankruptcy laws and in the constitu- of tributes, receptions, dinners and other tion since the 1840s, actually; this is special events in your honor, we’re sure that yet to be articulated in revised regula- not something that has come about a man of your humble nature is probably tions, it appears that the Administra- lately. But because many farmers and ready to have people quit making a fuss and tion is finally heeding Congress’ calls ranchers were very worried about los- let you leave town as unnoticed and as low- to modernize its export control regula- ing their livelihoods if they ever got key as possible. tions. While this action is a step in the into a temporary situation—they were However, these weeks have given us the op- right direction, I believe the Adminis- worried that they would lose their abil- portunity to hear others tell you what we’ve tration is still moving too slowly and also known all along: your legacy of serving ity to maintain their families and their our state, your labor of love on behalf of all incrementally. Even with these pro- livelihoods—so we have a constitu- Americans, and the unfailing kindness posed changes, there are still a number tional provision. It was important to you’ve shown during your time in the United of other businesses and consumers who me that we keep it. States Senate will never be forgotten. will not be able to utilize strong Amer- The first bill that passed out of the On top of just being a plain ‘ole good boss, ican-made encryption products. Since Senate did not have that. But I had the you’ve also been a mentor, a teacher, and export restrictions will remain in someone we could always look up to for guid- assurance of Senator GRASSLEY that he place, foreign suppliers will continue ance and support, no matter the situation. to develop and sell strong encryption would work with me to make sure that But most importantly, you’ve been a friend a State like mine would not be overrun to all of us. products in the international market- on this very important point. And, in You’ve given us the opportunity on a daily place without real competition from fact, Senator GRASSLEY is true to his basis to personally witness the countless U.S. providers. Putting $60 billion and word. I cannot say enough good things hours of hard work you put in on behalf of over 200,000 American jobs in jeopardy about the fact that he kept his word to Kentuckians. We’ve seen you stay into the over the next few years. the letter. We were able to come to an early morning hours here in the Senate dur- Unfortunately, the Administration agreement that kept the Texas con- ing an all-night session, and then rush to continues to pursue an outmoded pol- catch an early morning plane for a commit- stitutional provision for the homestead ment back home. We’ve seen you toil late icy that supports the broad use of 56- exemption intact. That is in the bill into the night working on a conference com- bit encryption for the vast majority of that will go forward. mittee, only to have you beat us into work computer users. As my colleagues are I hope we will be able to pass this the next morning with a smile and joke for aware, the government-approved 56-bit bill, send it to the President, put it on everyone. Data Encryption Standard was re- his desk, and that he will sign it. But These are some of the things your Ken- cently cracked last July in just 56 if in fact that isn’t the case, I hope we tucky constituents may never have known. hours. This is particularly alarming be- will be able to work on this next year But at the same time, we know they’ve bene- cause it was accomplished using a sin- fitted greatly from your accomplishments on to have real bankruptcy reform so that their behalf and your never-ending desire to gle computer instead of the thousands people will not be able to willingly see that all Kentuckians, no matter their that were linked together just a few walk away from their debts, but never- station, have the tools and opportunities to months ago to achieve the same result theless that will also take into account lead successful and productive lives. in 39 days. S12152 CONGRESSIONAL RECORD — SENATE October 9, 1998 Fortunately, this code-breaking ef- competitors that U.S. suppliers will COMMENDING THE CENTER FOR fort was undertaken by contest partici- lose forever their technology market SUSTAINABLE URBAN NEIGHBOR- pants as part of an international chal- share to European, Asian, and other HOODS lenge instead of by hackers or thieves foreign manufacturers. Congress and Mr. FORD. Mr. President, all across preying on a vulnerable, unsuspecting the Administration cannot allow this America, people from every walk of life target. It is truly scary to see how easy happen. carry a vision in their heads and in it is for someone’s medical, financial, As Senator DASCHLE pointed out, the their hearts of the perfect commu- or personal records to be accessed and computer industry and privacy groups nity—of the kind of place where they read by unauthorized persons. Iron- are serious about reaching a com- can raise their children and their chil- ically, the decoded message read, ‘‘It’s promise on encryption. In May, for ex- dren can in turn raise their children. time for those 128-, 192-, and 256-bit ample, Americans for Computer Pri- There’s no doubt that everyone’s pic- keys.’’ vacy (ACP), a technology policy group, ture would look different, based on our This feat proves what many in Con- submitted a seven-point proposal to own experience. But I feel certain they gress have been stating for some time, the Administration which would pro- that 56-bit encryption can no longer would have many elements in common. vide U.S. manufactures the ability to We want safe neighborhoods. We want protect individual or corporate com- sell the kind of encryption technology puter files from unauthorized access. to be economically secure. And we that is already widely available abroad. want to keep our families healthy. Yet, 56- bit encryption continues to be In July, an industry consortium an- recognized as the government standard These are the building blocks of a nounced the ‘‘Private Doorbells’’ pro- liveable community, and the City of and U.S. companies can only sell ad- posal to assist law enforcement. This vanced encryption software and hard- Louisville has played an important role proposal was a reasonable attempt to in helping to put them into place, serv- ware to a finite community abroad. Let find an alternative to the White us be clear; the Administration’s ex- ing as a model for inner-city revitaliza- House‘s call for a national key escrow tion. port regime affects American citizens framework. Fortunately, the Adminis- everywhere. Whether you communicate The city has rehabilitated and built tration finally appears to recognize hundreds of housing units, they’ve cre- via the Internet, or work in the tech- that a third party key recovery system nology business, you are likely to be ated new jobs and businesses, and more is technically unworkable and unneces- families are building stable, productive adversely affected by the Administra- sary. tion’s current encryption policy. A pol- lives. East Russell, an inner-city Louis- icy that does not allow the sale of I believe Congress is still interested ville Neighborhood, has seized the na- strong encryption to energy suppliers, in modernizing the Nation’s encryption tion’s attention by creating a renais- telecommunication providers, the policy based on current realities. As sance in that part of the city, bringing ASCHLE observed, several transportation industry, human rights Senator D it new life and vitality. Rightfully so, cryptography bills have been offered organizations and the vast majority of this revitalization project has received during this session. Clearly though, legitimate and responsible business en- attention by mayors and elected offi- they are not all created equal. Some of tities and consumers throughout the cials all over the United States. these legislative proposals would turn globe. Ultimately, this approach pro- The University of Louisville’s Sus- back the clock by putting controls on motes the use and development of weak tainable Urban Neighborhoods (SUN) is domestic encryption where no such encryption. While I welcome the White devoted to making inner city neighbor- controls currently exist. Others would House’s recent announcement to relax hoods healthy and safe places to live. completely sacrifice constitutional some export controls, the Administra- The project is located at the Center for protections by allowing law enforce- tion’s proposal simply does not go far Urban and Economic Research at the ment to read personal computer files enough. University of Louisville. One of the Mr. President, it is encouraging that without a court order and without the biggest accomplishments of this the Minority Leader has actively en- target ever knowing their files had project has been building affordable gaged himself on the encryption issue. been accessed. There are also proposals houses for residents with a strong co- In a floor speech last July, Senator that would require an expensive, tech- operative effort by the entire staff, in- DASCHLE agreed that America’s nically unworkable key escrow system. cluding the University of Louisville, encryption policy needs to strike a bal- Finally, some members advocate link- CityBank, and Telesis, along with ance between privacy protections and ing encryption with other technology many community organizations. national security and law enforcement issues which could in the end result in Mr. President, the SUN staff—includ- interests. The Minority Leader recog- no legislation being passed at all. ing its Director, Dr. John Gilderbloom nizes that the development and use of The encryption debate cannot be re- and students from the University of strong encryption products promote solved by settling on a specific bit- Louisville —and SUN community part- international commerce and Internet length, giving particular industry sec- ners have already done so much to use as well as ensure privacy and aid tors export relief while denying others strengthen our inner city communities national security. Senator DASCHLE is the same, or by sanctioning one tech- and boost the hopes and spirits of the also equally alarmed that, ‘‘maintain- nical solution over another. Moreover, people living there. ing existing encryption policies will this debate will not be resolved by I would ask that my colleagues join cost the U.S. economy as much as $96 building secret backdoors, frontdoors me today in commending their work to billion over the next 5 years . . .’’ I or any doorways into encryption soft- make our cities ‘‘dream places’’ to live agree with Senator DASCHLE’s com- ware. and for their continued commitment to ments that the Administration needs Mr. President, I look forward to the greater community. And as they to articulate and advance an working further with Senator DASCHLE, host their conference the week of Octo- encryption agreement that is ‘‘good for my colleagues from both sides of the ber 15th through the 17th, we wish consumers, good for business, and good aisle, the Administration, and the com- them the best of luck in their contin- for law enforcement and national secu- puter industry to help close the gaps ued efforts. rity.’’ Similarly, we agree that it is that still exist. As the Minority Leader f time to move beyond endless discussion recognizes, this is not about politics or and debate and on to a balanced and partisanship. This is an urgent matter RETIREMENT OF SENATOR DIRK complete solution. that requires us all to work together to KEMPTHORNE Mr. President, with every passing forge an appropriate solution. One that Mr. THURMOND. Mr. President, month, consumers across the globe balances the needs of industry, con- while each of us is looking forward to turn to foreign suppliers for their ad- sumers, and the law enforcement and adjournment so that we may go home vanced encryption needs. If a solution intelligence communities. In the end, and spend time with our constituents that reverses this trend is not found we must have a consensus solution that and being closer to our family and soon, then America’s computer indus- brings America encryption policy into friends, the end of the 105th Congress is try will fall so far behind its foreign the 21st Century. a somewhat bittersweet occasion as October 9, 1998 CONGRESSIONAL RECORD — SENATE S12153 many of our colleagues are concluding RETIREMENT OF SENATOR DAN RETIREMENT OF SENATOR JOHN their careers in the Senate. One mem- COATS GLENN ber who will not be back with us in Mr. THURMOND. Mr. President, Mr. THURMOND. Mr. President, January is my friend, Senator DIRK there is perhaps no other legislative though the 105th Congress will soon KEMPTHORNE of Idaho. body in the world that attracts a more come to a close, and each of us will re- Senator KEMPTHORNE arrived in competent group of public servants turn home to meet with constituents, Washington six-years-ago and very than the United States Senate. In the or take fact finding trips throughout quickly established a reputation for almost 45 years I have spent in this in- the nation or the world, one of our col- not only being dedicated to the duties stitution, I have had the good fortune leagues has not only already left town, and responsibilities of his office, but to serve with a number of very capable, but is headed for a most unusual des- for being an individual with a keen dedicated, and selfless individuals who tination, that of outer space. I speak, mind who approached matters before have worked hard to represent their of course, of our friend, JOHN GLENN this body in a very thoughtful and de- constituents and do what is best for the who is ending his career in the United liberative manner. His opinion on nation. One person who is an excellent States Senate. issues was always well regarded and example of the high caliber of person Like most people, I first learned of void of partisan rhetoric. Though one who is drawn to public service is my JOHN GLENN in 1962 when he orbited the will never have every member of this good friend and colleague, DAN COATS. Earth, but when the people of Ohio Body agree with their position, every- elected him to this Body in 1974, I had The Mid-West has the uncanny way the opportunity to come to know him one gave considerable weight to the re- of producing men and women of immi- marks and positions of the Senator personally. In the subsequent years, we nent sense and decency, individuals worked closely together on a number of from Idaho. who have the ability to see to the heart issues, especially those related to na- One of Senator KEMPTHORNE’s com- of a matter and find a way to resolve a tional security as we served together mittee assignments was to the Armed problem. Such skill is extremely valu- on the Senate Committee on the Services Committee and I quickly spot- able in the United States Senate, a Armed Forces. Naturally, his experi- ted his leadership ability, and in a rel- body by its very design that is sup- ences as a Marine Corps officer gave posed to foster compromise between atively short period of time, assigned Senator GLENN valuable insight into him the chairmanship of the Sub- legislators on issues before the nation. defense matters and he played an im- committee on Personnel. This was a Without question, DAN COATS is a Sen- portant role on the Committee and in demanding job, especially in this era ator who worked hard to bring parties working to help provide for a military when we are not only trying to deter- together, find common ground, and to adequately capable of protecting the mine what the appropriate size of the get legislation passed. That is cer- United States. tainly a fine legacy with which to leave military should be, but also because of The same qualities that made JOHN this institution. a number of highly emotional issues re- GLENN a successful Marine and astro- lated to personnel matters. Regardless More than being an able legislator, naut, served him well here in the of the issue that was before his sub- Senator COATS developed a strong ex- United States Senate. Without ques- committee, Senator KEMPTHORNE pertise on defense matters, particu- tion, he is a determined man who has worked hard to ensure that he dis- larly those related to his responsibil- earned our respect for his honor, abil- charged his responsibilities impar- ities as Chairman of the Airland Sub- ity, and dedication. His desire to serve tially, and with the best interests of committee of the Committee on the our nation is an inspiration, and in our men and women in uniform in Armed Services. In this role, Senator keeping with the highest traditions of mind. COATS was responsible for providing ad- public service. Without question, he vice and helping shape policy on mat- has set an excellent example for others Beyond earning a reputation for ters related to how to describe what to follow and it is my hope that more being an intelligent student of public the threat and future threats to our people, from Ohio and throughout the policy, Senator KEMPTHORNE also Nation are, how our military should be United States, will follow his lead and earned a well deserved reputation for structured in order to guarantee our find a way to make a difference in their being a decent man. He was unfailingly security, and what sort of ground and communities and to our nation. polite and cordial to everyone with aviation assets our troops need in order Mr. President, the United States Sen- whom he dealt. Whether it was a wit- to do our jobs. Senator COATS had to be ate will just not be quite the same ness before the Committee, a debate well versed in everything from the place without the presence of Senator opponent on the Senate Floor, or one GoreTex booties that go into the boots JOHN GLENN. We appreciate the many of the thousands of support staff that of our soldiers to the advanced ways in which he has served so admira- work in the Senate, DIRK KEMPTHORNE aerodynamical concepts that are being bly and wish both he and his lovely was pleasant, respectful, and cordial. used in the helicopters and jets being wife Annie health, happiness, and suc- It is truly our loss that Senator developed for our forces. Few other in- cess in the years ahead. KEMPTHORNE has decided to leave the dividuals could have mastered these f Senate and return to Idaho, but the disparate topics so well, and that Sen- citizens of that state will indeed bene- ator COATS was able to do so, and make RETIREMENT OF SENATOR fit when our friend is elected Governor. it look so easy, is a testament to this WENDELL FORD The ability he demonstrated for leader- man’s intellect, dedication, and abil- Mr. THURMOND. Mr. President, Ken- ship and civility will serve both he and ity. tucky is famous for many things, in- his constituents well and I am certain Without question, we are going to cluding its bourbon and the Derby, but that Idaho will be regarded as one of miss the many contributions of Sen- what I have come to associate most the most efficiently run states in the ator COATS, both to the Committee and with the ‘‘Bluegrass State’’ over the Union before the end of his first term. to the full Senate. He had a wry sense past 24-years is Senator WENDELL My counsel to the members of this of humor, a civil demeanor, and a de- FORD, who I regret to note is leaving Chamber is that DIRK KEMPTHORNE is a sire to serve our nation. His departure the Senate at the end of the 105th Con- man to keep your eye on, and frankly, from the Senate is truly a loss, but I gress. I would not be surprised if he were to am confident that he will continue to Senator FORD is a man with a deep return to Washington one day, though find a way to serve and to make a dif- and unwavering commitment to public to take an office that is at the opposite ference. I will miss him, both as a service. He served in the United States end of Pennsylvania Avenue. Regard- friend and a colleague, and I would like Army during World War II and contin- less, I wish both he and his lovely wife to take this opportunity to wish both ued his military service as a member of Patricia health, happiness, and great he and his lovely wife Marcia great the Kentucky National Guard. He has success in the years to come, we shall success and happiness in all his future held elected office at both the state miss them both. endeavors. and federal levels, holding the titles of S12154 CONGRESSIONAL RECORD — SENATE October 9, 1998 state senator and governor before being I am certain that DALE and his lovely Unquestionably, the Navy and Ma- elected to the United States Senate in wife Betty will enjoy the more delib- rine Corps that Secretary Dalton will 1974. erate lifestyle and pace that bring out turn over to his successor are institu- Each of us understands that our pri- of politics will afford them and I wish tions that have benefitted from the mary job as Senators is to make the the both of them health, happiness and leadership of this charismatic and kind law, but many of us also believe that success in the years ahead. Texan. His efforts have earned him the we should use our offices to help the f respect and accolades of people in the people of our states. This is a senti- Congress, in the Executive Branch, in SECRETARY OF THE NAVY JOHN ment that Senator FORD and I share, industry, in academia, and around the and over the years, my friend from H. DALTON world, and even resulted in his being Kentucky has worked tirelessly to help Mr. THURMOND. Mr. President, as awarded with the National Security his state develop and prosper. While the framers of the Constitution worked Caucus’ prestigious International Kentucky, like South Carolina, is still to lay out the foundation of the United Leadership Award in 1997. He is the a largely rural state, thanks in no States, they very wisely decided that first service secretary to be recognized small part to the efforts of WENDELL the military forces of this nation in this manner and his winning this FORD, the people of Kentucky are en- should be subservient to civilian lead- award is a testament to the regard in joying opportunities and economic ership. For the past 224 years, this ar- which he is held. growth that has been substantial. rangement has worked well proving the Mr. President, I have worked with a During his time in Washington, Sen- wisdom of the men who drafted the lot of service secretaries in my almost ator FORD has held a number of key po- document that serves as the corner- 45 years in this body and I say without sitions, both in the Senate and in polit- stone of our democracy and govern- reservation that John Dalton is one of ical organizations. His leadership roles ment. the finest individuals to have ever as an Assistant Leader and a former One of the reasons that civilian lead- served in that capacity. He is a man of Committee Chairman stand as testa- ership of the military has worked so honor, ability, and dedication and he ment to both his abilities and the re- well is because Presidents search tire- will certainly be missed. I know that gard in which he is held by his peers. lessly to find qualified individuals to everyone in this chamber joins me in I am certain that Senator FORD did fill the critical positions of the service wishing him ‘‘fair winds and following not easily come to the decision to re- secretaries. If we were to look across seas’’ as he completes his public serv- tire, but I am certain that he and his the Potomac and into the ‘‘E’’ ring of ice to the Department of the Navy and lovely wife Jean are looking forward to the Pentagon, we would find a group of the United States of America. their new life. I wish both of them selfless men and women serving as the f health, happiness and success in what- civilian leadership of America’s armed PASSAGE OF THE YEAR 2000 IN- ever endeavor they undertake. forces. One of those individuals is Sec- FORMATION AND READINESS f retary of the Navy John H. Dalton, who DISCLOSURE ACT, S. 2392 will be stepping down from his position Mr. LEAHY. Mr. President, the Y2K RETIREMENT OF SENATOR DALE at the end of this year. BUMPERS When John Dalton raised his right bill demonstrates successful biparti- Mr. THURMOND. Mr. President, one hand on July 22, 1993, swore his oath sanship and cooperation, and how well of the things that makes the Senate and became the 70th Secretary of the Congress can work together when it such a unique and enjoyable place to Navy, he came to the office well wants to. Under the leadership of Vice work is the fact that there are 100 trained to discharge the duties of his President GORE, Senators HATCH, BEN- NETT, DODD, THOMPSON, KYL and I, unique personalities that make up this new office. Not only was he a success- along with others, have worked with institution. While each member takes ful corporate executive with invaluable the Administration and the House of his or her duties seriously, I hope that experience in managing a large organi- Representatives to create and pass this I do not offend anyone when I say that zation, he graduated from the United legislation. I thank them for their hard not all are gifted orators. One person States Naval Academy and served as an work and dedication to this issue. who definitely can engage in articulate officer aboard the submarines USS Four-hundred and forty-nine days and compelling debate, and is also able Blueback and USS John C. Calhoun. from now, millions of computers con- to bring a little levity to our proceed- Additionally, he served in the Carter trolling our air traffic, recording stock ings through his wit and ability to tell Administration as a member and chair- and credit card transactions, running a story is the Senator from Arkansas, man of the Federal Home Loan Bank electric and telephone systems, track- DALE BUMPERS. Board. ing bank deposits and monitoring hos- First elected to the Senate in 1974, The challenges of essentially being pital patients may crash in Senator BUMPERS arrived with an al- the first post-Cold War Secretary of befuddlement. All of this is due to the ready well established and well de- the Navy were significant. Secretary short-sighted omission of a couple of served reputation for having a commit- Dalton had the unenviable task of digits, a one and a nine, from computer ment to serving is constituents and our being responsible for the reshaping of chips. Passage of this bill is a signal to Nation. He served in the United States the Navy and the Marine Corps to meet the world that by acting now, we can Marine Corps during World War II, as the security needs of the United States work together to avoid these problems. well as the Governor of Arkansas, hav- in a world that is no longer bi-polar. The Year 2000 Information and Readi- ing been elected to that post in 1970. Under his direction, the Navy and the ness Disclosure Act will not eliminate Clearly, his training as the chief execu- Marine Corps implemented the new the millennium bug—regrettably, no tive of his home State, along with ex- doctrines of ‘‘Forward, From the Sea: legislation could do that. However, it periences as a trial lawyer, gave him Anytime, Anywhere’’, and ‘‘Oper- will greatly increase the chances that the skills that would make him an ef- ational Maneuver from the Sea’’, both industry, university and government fective and respected Senator. which will help America meet its short experts will work cooperatively to For the past more than 20-years, Sen- and long-term tactical and strategic come up with the solutions. ator BUMPERS has worked hard to rep- needs. Furthermore, Secretary Dalton One of the scariest aspects of the Y2K resent his State, and in doing so, has worked to achieve acquisition initia- bug has been the silence of businesses made many valuable contributions to tives seeking to establish practices re- and industries in the face of this com- the U.S. Senate. I regret that we have sulting in the procurement of the best mon enemy. Liability concerns have not shared any committee assign- equipment for our sailors and marines, muted industry experts, dashing the ments, but I have always respected and at the fairest cost to the taxpayer. The best hopes for developing fixes for this valued the opinions of the Senator new attack submarine teaming ar- problem. The Year 2000 Information from Arkansas. His exist from the Sen- rangement, the DDG–51 multi-year pro- and Readiness Disclosure Act was de- ate leaves this institution without one curement, and the testing and evalua- signed to overcome this isolation and of its most impressive and effective ad- tion of the F/A–18 E/F are all examples create a free flow of constructive infor- vocates. of such successful endeavors. mation. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12155 The Year 2000 Information and Readi- When I first introduced this bill in tion procedures on trademark and in- ness Disclosure Act will encourage the March, it was, in part, a response to tellectual property holders.’’ sharing of knowledge and working to- the Administration’s Green Paper re- I commend the Administration for gether to create solutions. This bill leased on January 30, 1988, on the do- the deliberate approach it has taken to does not give companies liability pro- main name system (DNS), which sug- facilitate the withdrawal of the U.S. tection for their products or services. gested the addition of five new generic government from the governance of the Rather, for a limited time it will pro- Top Level Domains (gTLDs). Internet and to privatize the manage- vide adjusted procedures for the ex- Although adding new gTLDs, as the ment of Internet names and addresses. change of Year 2000 information. This Green Paper proposed, would allow We should have a Hippocratic Oath for is our best bet to ensuring that serv- more competition and more individuals the Internet—that before we adopt any ices and products will continue operat- and businesses to obtain addresses that new regimen that affects the Internet, ing after midnight on December 31, more closely reflect their names and we should make sure we are doing no 1999. functions, I was concerned as were harm to this dynamic medium. This bill also includes a provision I many businesses, that the increase in In order for the WIPO study to be proposed that will assist consumers, gTLDs would make the job of protect- able to evaluate the effects, based on small businesses and local govern- ing their trademarks from infringe- studies conducted by independent orga- ments. It charters a national informa- ment or dilution more difficult. In ad- nizations, such as the NRC, of adding tion clearinghouse and website as a dition, increasing the number of gTLDs new gTLDs and related dispute resolu- starting point to provide rapid and ac- without an efficient dispute resolution tion procedures on trademark rights, curate information about solving Y2K mechanism had the potential of fueling the Leahy/Ashcroft domain name study problems. This will be a needed tool for litigation and the threat of litigation, legislation in H.R. 3332 instructs the small businesses, local governments with an overall chilling effect on the NRC to release an interim report that and citizens so they can prepare for the choice and use of domain names. can be considered before the release of millennium. The Green Paper properly raised the the March 1, 1999 WIPO study. I believe I want to thank the President and important questions of how to protect it beneficial, however, for the final re- Vice President for their foresight in consumers’ interests in locating the port of the NRC to still be released this issue, and the corporate leaders brand or vendor of their choice on the after the WIPO study, so that the NRC who worked together with us to get Internet without being deceived or con- can take into account the results and this done. Major industries—from tele- fused, how to protect companies from recommendations offered by the WIPO communications, electric, computer, having their brand equity diluted in an study and offer its comments on the WIPO study. transportation, energy, health, insur- electronic environment, and how to re- One might ask whether the NRC re- ance and many others—pitched in and solve disputes efficiently and inexpen- sively. It did not, however, answer port is necessary, given the fact that listened to each other and worked to- WIPO will also be doing a study. I be- gether. I congratulate and thank Sen- these complex and important ques- tions. Dictating the introduction of lieve that the answer is a resounding ators for their unanimous support for ‘‘yes’’. Since the Internet is an out- new gTLDs without analyzing the im- this measure. It is reassuring to know growth of U.S. government invest- pact that these new gTLDs would have that even in the midst of other dramas, ments carried out under agreements on trademark rights and related dis- Congress can come together to tackle with U.S. agencies, major components pute resolution procedures seemed like fundamental issues confronting our na- of the DNS are still performed by or tional economy and security. I look putting the cart before the horse. The Leahy/Ashcroft domain name subject to agreements with U.S. agen- forward to the President signing this cies. Examples include assignments of important legislation. study bill is intended to put the horse back before the cart. We should under- numerical addresses to Internet users, f management of the system of register- stand the effects on trademark rights ing names for Internet users, operation NEXT GENERATION INTERNET of adding new gTLDs and related dis- of the root server system, and protocol RESEARCH ACT OF 1998 pute resolution procedures before we assignment. although U.S. government Mr. LEAHY. Mr. President, I am de- move to add significant numbers of management of the Internet’s most lighted that last night the Senate took new gTLDs. Since its introduction in basic functions will soon be phased out, up and passed H.R. 3332. March, groups such as ATT, Bell Atlan- it is still not clear who will be running I first introduced my domain name tic, Time Warner, the International the new nonprofit corporation which, study bill, S. 1727, on March 6, 1998. It Trademark Association, the Informa- according to the Administration’s was cosponsored by Senator ASHCROFT tion Technology Industry Council, the White Paper, will oversee the domain on May 21, 1998 and passed the Senate Motion Picture Association of Amer- name system. Moreover, the U.S. leads on June 26, 1998 as an amendment to S. ica, the Domain Name Rights Coali- the world in the creation and dissemi- 1609, Senate legislation to authorize tion, and the American Intellectual nation of intellectual property. Given the Next Generation Internet program. Property Law Association, amongst the U.S. interests that are at stake and The House passed a very similar do- others, have endorsed this legislation the uncertainty in who will run the do- main name study bill on September 14, reflected in the Leahy-Ashcroft domain main name system and how it will af- 1998 as part of H.R. 3332, its legislation name study bill. fect U.S. stakeholders, I think it im- The Administration’s White Paper, to authorize the Next Generation portant that a U.S. entity examine the Internet program. The Senate Judici- released on June 5, 1988, backed off the issue of adding new gTLDs and related ary Committee reported out a sub- Green Paper’s earlier suggestion to add dispute resolution procedures on trade- stitute amendment to S. 1727 on Sep- five new gTLDs. Instead, the White mark rights. As important as it is for tember 17, 1998 that was identical to Paper proposes that the new corpora- WIPO to benefit from an objective U.S. the domain name study language that tion would be the most appropriate entity’s perspective on this matter, I is in H.R. 3332. Now, with the Senate body to make decisions as to how also think that an objective U.S. entity passage of H.R. 3332, the domain name many, if any, new gTLDs should be should be tasked with considering study language will be presented to the added once it has global input, includ- whatever recommendations are issued President for his signature into law. ing from the study called for in the by WIPO. The Leahy/Ashcroft domain name Leahy-Ashcroft domain name bill. Spe- I am therefore pleased that the Sen- study legislation that is incorporated cifically, the White Paper calls upon ate passed H.R. 3332 last night with the into H.R. 3332 authorizes the National the World Intellectual Property Orga- Leahy/Ashcroft domain name study Research Council (NRC) of the Na- nization, inter alia, to ‘‘evaluate the ef- bill. tional Academy of Sciences to conduct fects, based on studies conducted by f a comprehensive study of the effects on independent organizations, such as the trademark rights of adding new generic National Research Council of the Na- THE VERY BAD DEBT BOXSCORE top level domain names (gTLDs), and tional Academy of Sciences, of adding Mr. HELMS. Mr. President, at the related dispute resolution procedures. new gTLDs, and related dispute resolu- close of business yesterday, Thursday, S12156 CONGRESSIONAL RECORD — SENATE October 9, 1998 October 8, 1998, the federal debt stood Robert is moving on to be Vice Presi- tion and in his passion for the ‘‘little at $5,540,550,647,696.94 (Five trillion, dent for Government Relations for the guy’’. five hundred forty billion, five hundred National Association of Independent Mr. President, to me, the story I told fifty million, six hundred forty-seven Insurers. So, I say to my colleagues of the little boy in the Senate hall thousand, six hundred forty-seven dol- who do not yet know him: you will. characterizes WENDELL FORD. WENDELL lars and ninety-four cents). And, you will appreciate working with is a genuine, kind, straight-forward One year ago, October 8, 1997, the fed- him as much as I have. Robert Dibblee and thoughtful man as well as an effec- eral debt stood at $5,413,433,000,000 is a stand-up guy who does what is tive national leader. All of us in the (Four trillion, four hundred thirteen right and honorable; he won’t try to United States Senate and our families billion, four hundred thirty-three mil- pull the wool over your eyes; and he will miss the inimitable WENDELL FORD lion). follows through on his commitments. and his wife, Jean. Five years ago, October 8, 1993, the I will miss having him as an integral f federal debt stood at $4,400,578,000,000 part of my team, but I wish him well in RETIREMENT OF SENATOR DAN (Four trillion, four hundred billion, this new, challenging assignment. COATS five hundred seventy-eight million) f which reflects a debt increase of more Mr. LEVIN. Mr. President, when the than $1 trillion—$1,133,917,649,475.23 RETIREMENT OF SENATOR Congress ends, Senator DAN COATS of (One trillion, one hundred thirty-three WENDELL FORD Indiana will retire from the Senate. billion, nine hundred seventeen mil- Mr. LEVIN. Mr. President, when this DAN COATS and I have served together lion, six hundred forty-nine thousand, Congress adjourns the Senate will lose on the Armed Services Committee and four hundred seventy-five dollars and its distinguished Minority Whip, the the Senate Select Committee on Intel- twenty-three cents) in just 5 years. senior Senator from Kentucky, WEN- ligence. f DELL H. FORD. WENDELL FORD has On the Armed Services Committee, earned a reputation as the Senate’s DAN COATS has served ably as the ROBERT DIBBLEE leader on aviation matters, and has Chairman of the Airland Forces Sub- Mr. HATCH. Mr. President, I would long been one of the most influential committee. He is a forceful proponent like to take just a moment to note the members of the Senate on energy and of a strong national defense and has departure later this month of my Ad- election reform issues. He has battled consistently supported efforts to assure ministrative Assistant, Robert Dibblee. for campaign finance reform legisla- that our men and women in the mili- Robert has served as my chief of staff tion and led the fight for the ‘‘motor tary remain the best trained and for four years. He previously served a voter’’ bill which has expanded voter equipped in the world. number of years with our former col- registration across the country. Although DAN COATS was one of the league, Senator Jake Garn. There is no member of the Senate leading proponents in the Senate of the He has been my right-hand man, not more well-liked by his colleagues than version of the line-item veto which was only in running my office —running WENDELL FORD. However, I have often passed and signed into law, and I joined my life actually—but also on key land thought that one of the true measures with Senators BYRD and MOYNIHAN in policy issues affecting Utah. I have of a Senator is how she or he relates to arguing in an amicus curiae brief to really come to rely on him for advice staff members, workers and other visi- the Supreme Court that that legisla- and counsel as well as for accomplish- tors to our nation’s capital. WENDELL tion was unconstitutional, I greatly re- ing the myriad of tasks that face a FORD is among the most beloved. spected the diligence and integrity Senate office. I think back to one particular inci- with which he fought that battle. I want to use this public forum to dent. A member of my staff had My friend from Indiana and I have recognize and thank Robert for his brought his 5-year old son to work for worked together for several years to tireless efforts behind the scenes to the day. The staff member, needing to prevent our states and communities keep the Utah Schools and Lands Ex- attend an important meeting, left his from becoming dumping grounds for change Act, just passed by the Senate, son to play with paper, crayons and solid waste from other areas of the on track. From the day he arrived on stapler, under the supervision of sev- country and outside the country. He my staff in 1993, I knew he would make eral co-workers. He returned to find his has been a persistent advocate of giv- my priority his own. I should mention son no longer at the desk where he had ing states and local governments the that the first iteration of this legisla- been left. A quick search followed. The power to stem the flow of garbage tion was my bill, S. 184, introduced young boy was found just outside the flooding into their jurisdictions. I during the 103rd Congress. The bill was office in the Senate hallway where he would like to thank him for all he has enacted into law; but, unfortunately, had stopped Senator WENDELL FORD done on this matter, hopefully paving the required land appraisals were never and attempted to sell him a book (art- the way to a resolution which will give carried out by the Interior Depart- ful pages of crayon scribbles, stapled more power to the people whose qual- ment. And, the presidential designa- together) for a nickel. Senator FORD ity of life is being harmed by a free tion of the Grand Staircase-Escalante was in the act of earnestly requesting interstate flow of trash. National Monument in 1996 doubled the two and trying to convince the young Mr. President, DAN COATS’ outstand- number of acres of trust land that man to accept a dime as superior to the ing service as a United States Senator needed to be offset or compensated. requested nickel. came as no surprise to me or my con- Robert has worked practically on a Last March, WENDELL FORD became stituents. He was born and raised in daily basis on this issue with the Utah the longest serving senator from Ken- Jackson, Michigan and naturally this governor’s office, the Interior Depart- tucky in the history of the U.S. Senate has prepared him, like most ment, members and staff of the Senate when he surpassed another beloved Michiganders, to excel in life. However, Energy Committee, and with the staff Kentuckian, Alben Barkley. even though he has wandered off to In- of my colleagues in the Utah delega- WENDELL FORD is unsurpassed in diana, and wandered even further into tion, particularly Congressman JIM many things: He is unsurpassed in his the GOP, I have enjoyed the opportuni- HANSEN, without whose assistance as love of family, love of country and love ties which I have had to work with DAN chairman of the House Resources Sub- of the U.S. Senate. He is unsurpassed COATS and will miss his friendship next committee we could not have passed in his efforts to be helpful to new mem- year. the bill today. bers. How many times he has set aside f During this final week, Robert personal needs or took the time to help worked to break several logjams that newcomers to this body to weather the RETIREMENT OF SENATOR JOHN could have sunk this legislation. self doubts or maneuver through the GLENN Throughout the consideration of this complex procedures. Mr. LEVIN. Mr. President, when the bill, he has been a steady and reliable WENDELL FORD is unsurpassed in his 105th Congress adjourns sine die in the guide for this all-important bill to sup- commitment to the hard working fami- next few days, the Senate will lose one port education in Utah. lies whom are the backbone of this na- of our nation’s true heroes, and one of October 9, 1998 CONGRESSIONAL RECORD — SENATE S12157 my personal heroes, Senator JOHN H. thor of the Nuclear Non-Proliferation ‘‘Yes, he did.’’ GLENN, Jr. of Ohio. I rise today to pay Act and as the Senate’s leader in fight- ‘‘Well, where was he?’’ tribute to this great American, a man ing the proliferation of nuclear weap- ‘‘He was up there where that shop- I feel genuinely honored to call my ons around the world. In this area, the ping mall is.’’ friend. Senate will sorely miss his clear vision, Senator BUMPERS then said, ‘‘I can All of us old enough to remember eloquent voice and consistent leader- see a big granite monument inside that JOHN GLENN’s flight into orbit around ship. mall’s hallway right now: ‘General Lee the earth on February 20, 1967 aboard Mr. President, JOHN GLENN, of Stood On This Spot’. Now if you really Friendship 7 stand in awe of his cour- course, has remained the strongest and cherish our heritage, as I do, and you age and strength of character. But this most effective voice in the Senate for believe that history is very important enormous accomplishment followed on the nation’s space program. Many of us for our children, you’ll vote for my a distinguished record of heroism in will be on hand to watch the launch of amendment.’’ battle as a Marine officer and pilot. He his second NASA mission later this Rarely in the modern Senate do we served his country in the Marine Corps month, 31 years after the first. At age see issues actually decided in debate on for 23 years, including his heroic serv- 77, JOHN GLENN has volunteered to go the floor. But, I suspect that that night ice in both World War II and the Ko- back into space to test the effects of I watched DALE BUMPERS, with that rean conflict. And, in turn, his remark- weightlessness on the aging process, speech, win the ‘‘Third Battle of Ma- able accomplishment in the history of and once again inspires our nation and nassas’’. space flight has been followed by an ex- sets an example for us all—an example DALE BUMPERS has served in the Sen- traordinary Senate career over the of courage, character, sense of purpose, ate for four terms. He has been one of past 24 years, as the only Ohio Senator and, yes, adventure. the most consistent voices for elimi- in history to serve four consecutive No person I’ve known or know of has nation of wasteful government spend- terms. worn his heroism with greater humil- ing. We will all miss his leadership in For the 20 years that I have been in ity. JOHN GLENN is, to use a Yiddish efforts to reform federal mining law the Senate, I have served side by side word, a true mensch, a good and decent and grazing fees. His battles against with JOHN GLENN in both the Govern- man. the Clinch River Breeder Reactor mental Affairs Committee which he JOHN GLENN and his beloved wife, which he won in 1984, the super- chaired for many years and now serves Annie, are simply wonderful people. conducting super collider which he fi- as Ranking Minority Member and the They, their children and grandchildren nally won in 1993 and the space station Armed Services Committee where he are the All-American family. My wife which he did not win, have become leg- serves as the Ranking Minority Mem- Barbara and I will keenly miss JOHN endary. ber of the Subcommittee on Airland and Annie Glenn as they leave the Sen- DALE BUMPERS and I both take pride Forces. More recently, I have served ate family. in the fact that we were among the few with JOHN GLENN on the Senate Select f Senators to vote against the Reagan Committee on Intelligence. This has tax cut and unfunded defense buildup given me a front row seat to watch one RETIREMENT OF SENATOR DALE of 1981 which together led to the huge of the giants of the modern day U.S. BUMPERS deficits of the 1980’s. Senate do the hard, grinding work of Mr. LEVIN. Mr. President, the DALE would have made a great Presi- legislative accomplishment. United States Senate is about to lose dent because he is a person whose clar- Over the years, JOHN GLENN has led one of the great orators of its long his- the fight for efficiency in government, tory. I never had the opportunity, of ity of expression is matched by the for giving the American people more course, to hear Webster or Clay or Cal- courage of his vision and his bang for that tax ‘‘buck’’. He was the houn. But, I have heard DALE BUMPERS committment to America’s working author of the Paperwork Reduction of Arkansas on the Senate floor and families. Act. He has worked to streamline fed- it’s hard to imagine anyone could have Mr. President, when the 106th Con- eral purchasing procedures, and led the been a more forceful, eloquent, or ef- gress convenes next year, the Senate fight to create independent inspectors fective speaker. will seem an emptier body in the ab- general in federal agencies. He was the I was reminded recently by a former sence of one of its most memorable point man in the Senate for the Clin- staff member of one debate in particu- leaders and all of us in the Senate fam- ton Administration’s battle to reduce lar. The issue was the proposed real es- ily with miss DALE and Betty Bumpers. the size of the federal workforce to the tate development in Northern Virginia f lowest levels since the Kennedy Admin- at the site of the Second Battle of Ma- RETIREMENT OF SENATOR DIRK istration. He and I have fought side by nassas. The debate had stretched into a KEMPTHORNE side to block extreme efforts to gut Friday evening and a larger than usual regulatory safeguards in the name of number of Senators were on the floor. Mr. LEVIN. Mr. President, I rise to reform and for the passage of a sensible The manager had made an effective pay tribute to a colleague and friend approach to regulatory reform to re- presentation when DALE BUMPERS, the who will be leaving the Senate when store confidence in government regula- author of a more restrictive version of the 105th Congress adjourns, DIRK KEMPTHORNE, the junior senator from tions. Throughout his career, JOHN the bill rose to speak. Idaho. GLENN has made himself an enemy of Knowing that many of his colleagues wasteful spending and bureaucracy, yet love history, DALE BUMPERS using de- I have served with DIRK KEMPTHORNE a friend of the dedicated federal work- tailed maps laid out the story of the on both the Armed Services and Small er. Second Battle of Manassas more than a Business Committees where I have JOHN GLENN has steadfastly served as hundred years ago. Every Senator on come to respect his thoughtfulness, a powerful advocate for veterans. He the floor that night listened with rapt dedication and hard work. led the effort to bring the Veterans Ad- attention. As he reached the climax of DIRK KEMPTHORNE has been a valu- ministration up to cabinet-level and to his performance, DALE BUMPERS said: able member of the Armed Services provide benefits to veterans of the Per- ‘‘Well, I could go on and on, but I Committee where he has served as the sian Gulf conflict. want to just simply say . . . I believe Chairman of the Personnel Sub- On the Armed Services Committee, strongly in our heritage, and I think committee. As Chairman, he has dem- JOHN GLENN has brought his enormous our children ought to know where onstrated a commitment to the welfare credibility to bear time and again both these battlefields are and what was in- of our men and women in uniform and in that Committee and on the Intel- volved in them. And, I don’t want to go their families. ligence Committee on the side of need- out there ten years from now with my Senator KEMPTHORNE joined with ed programs and weapons and against grandson and tell him about the Sec- Senator BYRD in initiating the Con- wasteful and unnecessary ones like the ond Battle of Manassas . . . and he gressional Commission on Military B–2 bomber. says, ‘‘Grandpa, wasn’t General Lee in Training to examine issues related to Perhaps JOHN GLENN’s most impor- control of this war here—didn’t he basic training of men and women which tant role, however, has been as the au- command the confederate troops.?’’ will give its best advice to the Congress S12158 CONGRESSIONAL RECORD — SENATE October 9, 1998 next year on whether current practices And yet here today we have a unique importance to the Senate and the na- should be changed. opportunity to do something uplifting, tion—juvenile crime. Over the past While I didn’t agree with DIRK KEMP- something decent, something that will weeks, we have been working hard to THORNE on many of the specifics of his make our country proud. We have an try to reach consensus on comprehen- Unfunded Mandate legislation in 1995, opportunity to say to a few exhibition- sive legislation to address juvenile I, like many of my colleagues in the ists and anarchists that in pursuit of crime in our nation. I am disappointed Senate, was greatly impressed with the your fifteen minutes of fame, you may to report to my colleagues that we manner in which he managed the bill not deface the most sacred embodi- have fallen short in that effort. and his command of the complex de- ment of the virtues of our country. You The sad reality is that we can no tails. may not dishonor the memory of those longer sit silently by as children kill Mr. Chairman, in the United States millions of men and women who have children, as teenagers commit truly Senate we are called upon to work with given their lives for America. You may heinous offenses, as our juvenile drug colleagues of many differing points of not yet again lower standards of ele- abuse rate continues to climb. In 1996, view. While DIRK KEMPTHORNE and I sit mental decency that all of must and juveniles accounted for nearly one on separate sides of the aisle and some- should live by. Today, we will say that fifth—19 percent—of all criminal ar- times disagree on issues before the our flag, the embodiment of so many of rests in the United states. Persons Senate, it has always been a pleasure our hopes and dreams, can no longer be under 18 committed 15 percent of all to deal with him. He is always an able dragged through the mud, torn asun- murders, 17 percent of all rapes, and advocate for his position, and always a der, or defecated on. 32.1 percent of all robberies. gracious gentleman. Can anyone think of a better message And although there are endless sta- f to send to our citizens and to our tistics on our growing juvenile crime WHY THE FLAG AMENDMENT young people than to begin to reclaim problem, one particularly sobering fact DEBATE IS APPROPRIATE NOW appropriate standards of behavior for is that, between 1985 and 1993, the num- everyone in this country? Mr. Presi- ber of murder cases involving 15-year Mr. HATCH. Mr. President, I would dent, there will be those who will decry olds increased 207 percent. We have like to make a few very brief remarks kids involved in murder before they about our inability to get a time agree- this discussion as a distraction from ‘‘real’’ and ‘‘important’’ matters of can even drive. ment on the flag amendment, and re- In short, our juvenile crime problem spond to the assertion that it is some- taxes and budgets and regulation and other Federal programs. These issues has taken a new and sinister direction. how inappropriate to debate this im- But cold statistics alone cannot tell portant issue at this time. I think it is are important and the Congress must deal with them. But that should not the whole story. Crime has real effect entirely appropriate that we debate the on the lives of real people. Recently, I constitutional amendment to protect obscure our inattention to the ‘‘values read an article in the Richmond Times- our flag at this time in the year. There deficit’’ that exists in public life today. Dispatch by my good friend, crime nov- is no better time than the present to We need more public conversation elist Patricia Cornwell. It is one of the discuss the values the flag represents: about values and standards. We must finest pieces I have read on the effects the unity and common values of all take every opportunity to set the right of and solutions to our juvenile crime Americans. behavioral standards for our children, The flag amendment should, like the lest we become a nation of cynics who problem, and I ask unanimous consent flag itself, unite us. And it does unite snicker every time someone tries to re- that it be printed in the RECORD follow- Americans of both parties. This amend- instill virtue into public life. ing my remarks. The PRESIDING OFFICER. Without ment is cosponsored by 61 Members of And so, Mr. President, not only is the Senate, Republicans and Demo- this discussion appropriate today, but objection, it is so ordered. Mr. HATCH. Mr. President, let me crats. Senator CLELAND, a war hero, it is critical. I can think of no more share with my colleagues some of what who has sacrificed much, and who is a important conversation we can have in Ms. Cornwell, who has spent the better Democrat, is the primary cosponsor. America than how we use American And ultimately, all we supporters of liberty to promote public virtue. part of her adult life studying and ob- the amendment are asking for is a Protecting the American flag from serving crime and its effects, has to chance to let the American people de- physical desecration is a small but im- say. She says ‘‘when a person is cide whether to protect the flag by de- portant way to begin this important touched by violence, the fabric of civil- bating the amendment in ratification debate. ity is forever rent, or ripped, or debates in each of the State legisla- Now, having said all that, I am dis- breached * * *.’’ This a graphic but ac- tures. And the people clearly want the appointed that opponents of the flag curate description. Countless lives can flag amendment. Forty-nine State leg- amendment have rejected a reasonable be ruined by a single violent crime. islatures have called for the flag time agreement, without even offering There is, of course, the victim, who amendment. And polling has consist- an alternative time agreement. I would may be dead, or scarred for life. There ently shown that more than three- be interested to know what would be are the family and friends of the vic- quarters of the American people have acceptable. tim, who are traumatized as well, and consistently supported a flag amend- Finally, if it should be the case that who must live with the loss of a loved ment over the years since the Supreme we are not going to debate the flag one. Society itself is harmed, when Court’s fateful decision in Texas versus amendment this year, and that is how each of us is a little more frightened to Johnson in 1989. it appears, I believe we should bring it walk on our streets at night, to use an Mr. President, I believe this legisla- up early in the new Congress, and de- ATM, or to jog or bike in our parks. tion not only is vital to protect our bate and vote on it at the earliest op- And, yes, there is the offender who has shared values as Americans, but this portunity next year. I want my col- chosen to throw his or her life away. debate is also timely today as we all leagues to know that I will be back Particularly when the offender is a ju- strive to recover what is good and de- next year and I will trust that this im- venile, family, friends, and society are cent about our country. portant matter will be acted on early made poorer for the waste of potential Mr. President, we see evidence of in the next session. The American peo- in every human being. One crime, but moral decay and a lack of standards all ple want the opportunity to debate the permanent effects when ‘‘the fabric of around us. Behavior that was once flag amendment in the States, and I be- civility is rent.’’ found to be shameful is now routinely lieve we should listen to the people on This is the reality that has driven me excused because ‘‘everybody does it.’’ this. to work even up to the closing hours of Our popular culture, including movies f the session to address this issue. For and television, bombard us with mes- nearly a year, the Senate has had be- sages of gratuitous sex and violence. FAILURE TO ACHIEVE JUVENILE fore it comprehensive youth violence Even sports figures too often set a ter- CRIME LEGISLATION legislation. S. 10, the Hatch-Sessions rible example for the young people that Mr. HATCH. Mr. President, I would Violent and Repeat Juvenile Offender follow their every move. like to briefly discuss an issue of great Act, was reported out of the Judiciary October 9, 1998 CONGRESSIONAL RECORD — SENATE S12159 Committee last year on bipartisan again if they are returned to our neigh- until we address it. So, I will be urging vote, two to one vote. This legislation borhoods and schools.’’ I couldn’t have the Majority Leader, when he sets our would have fundamentally reformed said it any better. agenda for next year, to make enacting the role played by the federal govern- Meaningful reform also requires that a responsible juvenile crime bill among ment in addressing juvenile crime in juvenile’s criminal record ought to be our top legislative priorities in the our Nation. It was supported by law en- accessible to police, courts, and pros- 106th Congress. Mr. President, I thank forcement organizations such as the ecutors, so that we can know who is a my colleagues and yield the floor. Fraternal Order of Police, the National repeat or serious offender. Right now, EXHIBIT 1 Sheriffs Association, and the National these records simply are not available WHEN THE FABRIC IS RENT Troopers Coalition, as well as the sup- in NCIC, the national system that (By Patricia Cornwell) port of juvenile justice practitioners tracks adult criminal records. Ms. There was a saying in the morgue during such as the National Council of Juve- Cornwell again cogently explains what those long six years I worked there. When a nile and Family Court Judges, and vic- this means: ‘‘If a juvenile commits a person is touched by violence, the fabric of tim’s groups including the National felony in Virginia, when he turns 18 his civility is forever rent, or ripped or breached, Victims Center and the National Orga- record is not expunged and will follow whatever word is most graphic to you. nization for Victims Assistance. him for the rest of his days. But were Our country is the most violent one in the S. 10 was reported on a bipartisan, he to commit the same felony in North free world, and as far as I’m concerned, we are becoming increasingly incompetent in two to one vote. Indeed, among mem- Carolina, at 16 he’ll be released from a preventing and prosecuting cruel crimes that bers of the Youth Violence Subcommit- correctional facility with no record of we foolishly think happen only to others. tee, the vote was seven to two in favor any crime he committed in that state. There was another saying in the morgue. of the bill. Our reform proposal in- Let’s say he’s back on the street and The one thing every dead person had in com- cluded the best of what we know returns to Virginia. Now he’s a juvenile mon in that place was he never thought he’d works. It combined tough measures to again, and police, prosecutors, judges end up there. He never imagined his name protect the public from the worst juve- or juries will never know what he did would be penned in black ink in the big nile criminals, smart measures to pro- in North Carolina. black book that is ominously omnipresent on a counter top in the autopsy suite. vide intervention and correction at the If he moves to yet another state I have seen hundreds, maybe close to a earliest acts of delinquency, and com- where the legal age is 21, he can com- thousand dead bodies by now, many of them passionate measures to supplement and mit felonies for three or four more ruined by another person’s hands. I return to enhance extensive existing prevention years and have no record of them, ei- the morgue at least two or three times a programs to keep juveniles out of the ther. Maybe by then, he’s committed year to painfully remind myself that what cycle of crime, violence, drugs, and fifteen felonies but is only credited I’m writing about is awful and final and real. gangs. with the one he committed in Virginia. I suffer from nightmares and don’t remem- All too often, the juvenile justice Maybe when he becomes an adult and ber the last time I had a pleasant dream. I system ignores the minor crimes that have very strong emotional responses to is violent again, he gets a light sen- crimes that have nothing to do with me, lead to the increasingly frequent seri- tence or even probation, since it ap- such as Versace’s murder, and more recently, ous and tragic juvenile crimes captur- pears he’s committed only one felony the random shooting deaths of Capitol Police ing headlines. Unfortunately, many of in his life instead of fifteen. He’ll be Agent John Gibson and Officer Jacob Chest- these crimes might have been pre- back among us soon enough. Maybe his nut. I can’t read sad, scary or violent books. vented had the warning signs of early next victim will be you.’’ I watched only half of Titanic because I cold acts of delinquency or antisocial be- So the reform we sought also pro- not bear its sadness. I stormed out of Ann havior been heeded. A delinquent juve- vides the first federal incentives for Rice’s Interview With A Vampire, so furious nile’s critical first brush with the law my hands were shaking because the movie is the integration of serious juvenile such an outrageous trivialization and cele- is a vital aspect of preventing future criminal records into the national bration of sexual violence. For me the suffer- crimes, because it teaches an impor- criminal history database, together ing, the blood, the deaths are real. tant lesson—what behavior will be tol- with federal funding for the system. I’d like to confront Ann Rice with erated. Mr. President, I believe that we all bitemarks and other sadistic wounds that According to a recent Department of agree that it is far better to prevent are not special effects. I’d like to sentence Justice study, juveniles adjudicated for the fabric of civility from being rent Oliver Stone to a month in the morgue, so-called index crimes—such as mur- than to deal with the aftermath of ju- make him sit in the cooler for a while and der, rape, robbery, assault, burglary, see what an audience of victims has to say venile crime. about his films. I’d like O.J. Simpson to have and auto threft—began their criminal I have been involved in this fight for a total recall and suffer, go broke, be ostra- careers at an early age. The average over three years now. Rarely have I cized, never allowed on a golf course again. I age for a juvenile committing an index found an issue over which interest was in a pub in London when that verdict offense is 14.5 years, and typically, by group opponents were more determined was read. I’ll never forget the amazed faces age 7, the future criminal is already to block needed reforms through dis- of a suddenly mute group of beer-drinking showing minor behavior problems. If tortions of the record. Brits, or the shame of my friends and I felt we can intervene early enough, how- In no small measure, in my view, this because in America it is absolutely true. ever, we might avert future tragedies. harmful posturing has brought us to Justice is blind. Justice has stumbled off the rod of truth That is why we seek to reform federal where we are today—just short of and fallen headlong into a thicket of subjec- policy that has been complicit in the achieving important reform legisla- tive verdicts where evidence doesn’t count system’s failure, and provide states tion. I believe that we must look to the and plea bargains that are such a bargain with much needed funding for a system greater good, and limit—in the inter- they are fire sales. I’ve begun to fear that of graduated sanctions, including com- ests of our children and public safety— the consequences and punishment of violent munity service for minor crimes, elec- the posturing which too often infects crime have become some sort of mindless tronically monitored home detention, criminal justice issues. multiple choice, a Let’s Make A Deal, a Let’s Let me take just a moment to ac- microwave the popcorn and watch Court TV. boot camps, and traditional detention I have been asked to tell you what my fic- for more serious offenses. knowledge the efforts of members on tional character Dr. Scarpetta would do if And let there be no mistake—deten- both sides of the aisle who have worked she were the crime czar or Virginia, of Amer- tion is needed as well. As Ms. Cornwell in good faith to try and address this ica. Since she and I share the same opinions recently wrote, ‘‘our first priority issue in a responsible manner. Senator and views, I am stepping out from behind my should be to keep our communities LEAHY and Senator BIDEN deserve enor- curtain of imagined deeds and characters and safe. We must remove violent people mous credit. And I want to particularly telling you what I feel and think. from our midst, no matter their age. thank Senator SESSIONS, the Chairman It startles me to realize that at age 42, I . . . When the trigger is pulled, when of our Youth Violence Subcommittee have spent almost half my life studying crime, of living and working in it’s pitifully the knife is plunged, kids aren’t kids for his many months of determined cold, smelly, ugly environment. I am often anymore. We should not shield and give work. We will be back on this issue asked why people cheat, rob, stalk, slander, excuses and probation to violent juve- next Congress. It will not go away, any main and murder. How can anybody enjoy niles who, odds are, will harm or kill more than the problem will go away causing another human being or any living S12160 CONGRESSIONAL RECORD — SENATE October 9, 1998 creature destruction and pain? I will tell you returns to Virginia. Now he’s a juvenile neighbors had taken time to play tennis with in three words: Abuse of power. Everything again, and police, prosecutors, judges or ju- me. They had invited me, the only girl in in life is about the power we appropriate for ries will never know what he did in North town, to play baseball or touch football with good or destruction, and the ultimate over- Carolina. the boys. powering of a life is to make it suffer and If he moves to yet another state where the Billy Graham’s wife, Ruth, used to stop her end. legal age is 21, he can commit felonies for car to see how I was or if I needed a ride This includes children who put on camou- three or four more years and have no record somewhere. Years later, she befriended me flage and get into the family guns. We don’t of them, either. Maybe by then he’s commit- when I was a very confused teenager who felt want to believe that 12, 13, 16 year old youths ted fifteen felonies but is only credited with rather worthless. Were it not for her kind- are unredeemable. Most of them aren’t. But the one he committed in Virginia. Maybe ness and encouragement, I doubt I would be it’s time we face that some of them have when he becomes an adult and is violent writing this editorial. Maybe I wouldn’t have transgressed beyond forgiveness, certainly again, he gets a light sentence or even proba- amounted to much. Maybe I would have got- beyond trust. Not all victims I have seen tion, since it appears he’s committed only ten into serious trouble. Maybe I’d be dead. pass through the morgue were savaged by one felony in his life instead of fifteen. He’ll Eddie and I started playing catch. I gave adults. The creative cruelty of some young be back among us soon enough. Maybe his him tennis lessons and probably ruined his killers is the worst of the worst, images of next victim will be you. backhand for life. He told me all about him- what they did to their victims ones I wish I If national juvenile justice reform were up self and amused me with his stories. We be- could delete. to me, I’d be strict. I would not be popular came pals. He never threw a tennis ball About a year ago, I began researching juve- with extreme child advocates. If I had my against the building again. nile crime for the follow-up of Hornet’s Nest way, it would be routine that when any juve- We must protect ourselves from all people (Southern Cross, January, ’99) and my tenth nile commits a violent crime, his name and who have proven to be dangerous. But we Scarpetta book (unfinished and untitled yet). personal life are publicized. Records of juve- should never abandon those who can be This was a territory I had yet to explore. I niles who commit felonies should not be ex- helped or are at least are worthy of the ef- fort. If you save or change one life, you have was inspired by the depressing fact that in punged when the individual becomes an added something priceless to this world. You the last ten years, shootings, hold-ups at adult. Mug shots, fingerprints and the DNA have left it better than you found it. ATM’s, and premeditated murders commit- of violent juveniles should, at the very least, ted by juveniles have risen 160 percent. As I be available to police, prosecutors, and f ventured into my eleventh and twelfth nov- schools, and if the young violent offender has ADVANCED AVIONICS els, I wondered what my crusading char- an extensive record and commits another SUBSYSTEMS PROGRAM acters would do with violent children. crime, plea bargaining should be limited or So I spent months in Raleigh watching at least informed. Mr. WARNER. There is an issue in- members of the Governor’s Commission on Juveniles who rape, murder or commit volving the Navy’s progress with the Juvenile Crime and Justice debate and re- other heinous acts should be tried as adults, Advanced Avionics Subsystems project write their juvenile crime laws, as Virginia but judges should have the discretionary that should have been addressed in the did in 1995 under the leadership of Jim Gil- power to decide when this is merited. I want conference report accompanying the more. I quizzed Senator ORRIN HATCH about to see more court-ordered restitution and fiscal year 1999 National Defense Au- his youth violence bill, S. 10, a federal ap- mediation. Let’s turn off the TV’s in correc- proach to reforming a juvenile justice sys- tional centers and force assailants, robbers, thorization Act. Would the Senator tem that is failing our society. I toured de- thieves to work to pay back what they’ve de- from Pennsylvania care to enter into a tention homes in Richmond and elsewhere. I stroyed and taken, as much as that is pos- colloquy regarding this issue. sat in on juvenile court cases and talked to sible. Confront them with their victims, face Mr. SANTORUM. I thank the Senator inmates who were juveniles when they began to face. Perhaps a juvenile might realize the from Virginia and would be happy to their lives of crime. awful deed he’s done if his victim is suddenly engage in a colloquy. The conferees While it is true that many violent juve- a person with feelings, loved ones, scars, a noted the Navy’s progress with the Ad- niles have abuse, neglect, and the absence of name. values in their homes, I maintain my belief vanced Technology Avionics Sub- Prevention is a more popular word than systems project as exemplified by its that all people should be held accountable punishment. But the solution to what’s hap- for their actions. Our first priority should be pening in our society, particularly to our recent demonstration using Commer- to keep our communities safe. We must re- youths, is simpler and infinitely harder than cial-off-the-Shelf (COTS) technologies move violent people from our midst, no mat- any federally or private funded program. All for avionics applications. The conferees ter their age. As Marcia Morey, executive di- of us live in neighborhoods. Unless you are in were aware of the difficulties associ- rector of North Carolina’s juvenile crime solitary confinement or a coma, you are ated with using and integrating com- commission, constantly preaches, ‘‘We must aware of others around you. Quite likely you mercial technologies and recognized stop the hemorrhage first.’’ are exposed to children who are sad, lost, ig- When the trigger is pulled, when the knife the merit of the project which is de- nored, neglected or abused. Try to help. Do it signed to develop viable solutions for is plunged, kids aren’t kids anymore. We in person. should not shield and give excuses and proba- I remember my first few years in Rich- transitioning affordable technologies. tion to violent juveniles who, odds are, will mond when I was living at Union Theological Mr. WARNER. Because this project harm or kill again if they are returned to Seminary, where my former husband was a has been successful in identifying ob- our neighborhoods and schools. We should student and I was a struggling, somewhat stacles and rendering usable solutions not treat young violent offenders with sealed failed writer. Charlie and I spent five years for the implementation of COTS tech- lips and exclusive proceedings. in a seminary apartment complex where nologies, does the Senator concur with ‘‘The secrecy and confidentiality of our there was a little boy who enjoyed throwing the recommendation that the Depart- system have hurt us,’’ says Richmond Juve- a tennis ball against the building in a stac- ment of the Navy consider reprogram- nile and Domestic Relations District Court cato that was torture to me. Judge Kimberly O’Donnell. ‘‘What people ming funds to provide for the current I was working on novels nobody wanted year’s shortfall and to fund the project can’t see and hear is often difficult for them and every time that ball thunked against to understand.’’ brick, I lost my train of thought. I’d popped at its prior years’ level? Virginia has opened its courtrooms to the out of my chair and fly outside to order the Mr. SANTORUM. Yes, for the reasons public, and Judge O’Donnell encourages peo- kid to stop, but somehow he was always gone that the Senator from Virginia gave, I ple to sit in hers and see for themselves without a trace, silence restored for an hour recommend that the Department of the those juveniles who are remorseless and or two. One day I caught him. I was about to Navy consider reprogramming funds to those who can be saved. Most juveniles who reprimand him when I saw the fear and lone- provide for the current year’s shortfall end up in court are not repeat offenders. But liness in his eyes. for that small number who threaten us most, for the Advanced Technology Avionics ‘‘What’s your name?’’ I asked. Subsystems project and to fund the I advocate hard, non-negotiable judgement. ‘‘Eddie,’’ he said. Most of what I would like to see is already ‘‘How old are you?’’ project at its prior years’ level. being done in Virginia. But we need juvenile ‘‘Ten.’’ Mr. THURMOND. I have been listen- justice reform nationally, a system that is ‘‘It’s not a good idea to throw a ball ing to the colloquy between the Sen- sensible and consistent from state to state. against the building. It makes it hard for ator from Virginia and the Senator As it is now, if a juvenile commits a felony some of us to work.’’ from Pennsylvania and I wish to say in Virginia, when he turns 18 his record is ‘‘I know.’’ He shrugged. that I agree with their remarks with not expunged and will follow him for the rest ‘‘If you know, then why do you do it?’’ of his days. But were he to commit the same ‘‘Because I have no one to play catch with respect to the Advanced Technology felony in North Carolina, at 16 he’ll be re- me,’’ he replied. Avionics Subsystems project. leased from a correctional facility with no My memory lit up with acts of kindness Mr. WARNER. I thank the Senator record of any crime he committed in that when I was a lonely child living in the small from Pennsylvania and the Senator state. Let’s say he’s back on the street and town of Montreat, North Carolina. Adult from South Carolina. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12161 THE NOMINATION FOR THE Advisor at the Treasury Inspector Gen- REPORT CONCERNING THE CUBAN TREASURY INSPECTOR GENERAL eral’s Office. LIBERTY AND DEMOCRATIC SOL- Mr. ROTH. Mr. President, I would Mr. Williams’ background as the In- IDARITY (LIBERTAD) ACT—MES- like to report out from the Finance spector General for two Government SAGE FROM THE PRESIDENT— Committee the Administration’s nomi- agencies, as well as his investigator PM 161 nation of David C. Williams to be the background, is clearly representative The PRESIDING OFFICER laid be- Inspector General for the Treasury De- of the qualifications needed to be the fore the Senate the following message partment. The nomination hearing for Treasury Inspector General. The Sen- from the President of the United Mr. Williams was held on September 24, ate Finance Committee intends to States, together with an accompanying 1998. monitor the progress of this agency as report, which was referred to the Com- The Inspector General Act of 1978, as it gets back on track in accomplishing mittee on Foreign Relations. amended, grants the independence and its mandated mission. authority for an Inspector General to To the Congress of the United States: This report is submitted pursuant to conduct audits and investigations to (1) f detect waste, fraud or abuse, and (2) 1705(e)(6) of the Cuban Democracy Act promote economy and efficiency in of 1992, 22 U.S.C. 6004(e)(6) (the ‘‘CDA’’), TRIBUTE TO SENATOR JOHN as amended by section 102(g) of the agency programs and operations. I, for GLENN, A TRUE AMERICAN HERO one, deeply believe in the IG concept Cuban Liberty and Democratic Solidar- and support the important role an In- Mr. JOHNSON. Mr. President, I rise ity (LIBERTAD) Act of 1996, Public spector General must carry out. It is today to pay tribute to a special col- Law 104–114 (March 12, 1996), 110 Stat. often a very tough and demanding job. league and a true American hero, JOHN 785, 22 U.S.C. 6021–91 (the ‘‘LIBERTAD The Treasury Inspector General is an GLENN of Ohio. Act’’), which requires that I report to extremely critical position that is re- During his distinguished career, Sen- the Congress on a semiannual basis de- sponsible for overseeing several Treas- ator GLENN has used his boundless en- tailing payments made to Cuba by any ury agencies, including three law en- ergy and expertise to work for effective United States person as a result of the forcement bureaus, namely, the U.S. and efficient government and world provision of telecommunications serv- Customs Service, the U.S. Secret Serv- peace. He is one of our most beloved ices authorized by this subsection. ice, and the Bureau of Alcohol, To- national figures and a role model to The CDA, which provides that tele- bacco and Firearms. The previous In- people of all ages and all backgrounds communications services are permitted spector General resigned as a result of from all over the world. between the United States and Cuba, an investigation conducted by Senator I was a teenager when the nation specifically authorizes the President to provide for payments to Cuba by li- SUSAN COLLINS’ Permanent Sub- watched in awe as JOHN GLENN became committee on Investigations (PSI). PSI the first American to orbit the earth. I cense. The CDA states that licenses determined that the IG broke the law never would have guessed during those may be issued for full or partial settle- twice concerning two contracts and spectacular early days of the space pro- ment of telecommunications services identified significant mismanagement gram that someday I would have an of- with Cuba, but may not require any within the Treasury IG’s Office. fice next to his in the United States withdrawal from a blocked account. The Treasury IG’s Office has been a Senate. It has been my great privilege Following enactment of the CDA on very troubled agency because of bad to serve with him and to know him as October 23, 1992, a number of U.S. tele- leadership. It is, therefore, an absolute both a friend and a colleague. communications companies success- requirement for the next Treasury In- Today, he is at Cape Canaveral pre- fully negotiated agreements to provide spector General to be an individual paring to visit space again. I know my telecommunications services between with a proven track record as a strong, colleagues share in my admiration and the United States and Cuba consistent effective manager and leader, one who pride for Senator GLENN as he boldly with policy guidelines developed by the will engage in aggressive—but fair— goes once more into space. I wish him Department of State and the Federal oversight, and one who will carry out an exciting journey, a safe return and Communications Commission. their duties with the utmost integrity. wonderful retirement. Subsequent to enactment of the CDA, Such behavior as demonstrated by the I yield the floor and suggest the ab- the Department of the Treasury’s Of- previous Inspector General will not be sence of a quorum. fice of Foreign Assets Control (OFAC) tolerated. As the watchdog for the The PRESIDING OFFICER. The amended the Cuban Assets Control Treasury Department, the Inspector clerk will call the roll. Regulations, 31 C.F.R. Part 515 (the General must set a good ethical exam- The bill clerk proceeded to call the ‘‘(CACR’’), to provide for specific li- ple. roll censing on a case-by-case basis for cer- Mr. Williams began his career in the Mr. COATS. Mr. President, I ask tain transctions incident to the receipt Federal Government in 1975 as a Secret unanimous consent that the order for or transmission of telecommunications Service Agent. In 1979, he went to work the quorum call be rescinded. between the United States and Cuba, 31 for the Labor Department’s Office of The PRESIDING OFFICER (Mr. GOR- C.F.R. 515.542(c), including settlement Inspector General in the Office of TON). Without objection, it is so or- of charges under traffic agreements. Labor Racketeering, where he served dered. The OFAC has issued eight licenses as Special Agent in Charge for two authorizing transactions incident to field offices and later as the Field Di- f the receipt or transmission of tele- rector. communications between the United States and Cuba since the enactment of During that time, Mr. Williams also MESSAGES FROM THE PRESIDENT served on President Reagan’s Commis- the CDA. None of these licenses per- sion on Organized Crime. In 1986, Mr. Messages from the President of the mits payments to the Government of Williams became the first Director for United States were communicated to Cuba from a blocked account. For the the Office of Special Investigations for the Senate by Mr. Williams, one of his period January 1 through June 30, 1998, the General Accounting Office. In 1989, secretaries. OFAC-licensed U.S. carriers reported Mr. Williams was nominated by Presi- EXECUTIVE MESSAGES REFERRED payments to the Government of Cuba dent Bush to be the first Inspector As in executive session the Presiding in settlement of charges under tele- General for the Nuclear Regulatory Officer laid before the Senate messages communications traffic agreements as Commission. from the President of the United follows: In 1995, President Clinton nominated States submitting sundry nominations AT&T Corporation (for- Mr. Williams to be the first Inspector which were referred to the appropriate merly, American Tele- General for the Social Security Admin- committees. phone and Telegraph Company) ...... $12,795,658 istration; Mr. Williams became the (The nominations received today are AT&T de Puerto Rico ...... 292,229 SSA, IG in 1996. Since June 1998, Mr. printed at the end of the Senate pro- Global One (formerly, Williams has been serving as a Senior ceedings.) Sprint Incorporated) ...... 3,075,733 S12162 CONGRESSIONAL RECORD — SENATE October 9, 1998 IDB WorldCom Services, may not be denied to preference eligibles ap- Mr. Hays, one of its reading clerks an- Inc. (formerly, IDB Com- plying for certain positions in the competi- nounced that the House agrees to the munications, Inc.) ...... 4,402,634 tive service, and for other purposes. report of the committee of conference S. 2232. An act to establish the Little Rock MCI International, Inc. on the disagreeing votes of the two (formerly MCI Commu- Central High School National Historic Site nications Corporation) ... 8,468,743 in the State of Arkansas, and for other pur- Houses on the amendment of the Sen- Telefonica Larga Distancia poses. ate to the bill (H.R. 3874) to amend the de Puerto Rico, Inc...... 129,752 S. 2561. An act to amend the Fair Credit National School Lunch Act and the WilTel, Inc. (formerly, Reporting Act with respect to furnishing and Child Nutrition Act of 1966 to provide WilTel Underseas Cable, using consumer reports for employment pur- children with increased access to food Inc.) ...... 4,983,368 poses. and nutrition assistance, to simplify WorldCom, Inc. (formerly S.J. Res. 51. Joint resolution granting the consent of Congress to the Potomac High- program operations and improve pro- LDDS Communications, gram management, to extend certain Inc.) ...... 5,371,531 lands Airport Authority Compact entered into between the States of Maryland and authorities contained in those Acts 39,519,648 West Virginia. through fiscal year 2003, and for other The message further announced that purposes. I shall continue to report semiannu- The message also announced that the ally on telecommunications payments the House agrees to the report of the committee of conference on the dis- House has agreed to the following con- to the Government of Cuba from agreeing votes of the two Houses on current resolution, in which it requests United States persons. the amendment of the Senate to the the concurrence of the Senate: WILLIAM J. CLINTON. bill (H.R. 3150) to amend title 11 of the H. Con. Res. 346. Concurrent resolution to THE WHITE HOUSE, October 8, 1998. United States Code, and for other pur- correct the enrollment of the bill H.R. 3150. f poses. At 5:15 p.m., a message from the The message also announced that the MESSAGES FROM THE HOUSE House of Representatives, delivered by Houses agrees to the report of the com- Mr. Hanrahan, one of its reading At 12:55 p.m., a message from the mittee of conference on the disagreeing clerks, announced that the House has House of Representatives, delivered by votes of the two Houses on the amend- passed the following bills, in which it Mr. Hays, one of its reading clerks, an- ment of the Senate to the bill requests the concurrence of the Senate: nounced that the House has passed the (H.R. 1853) to amend the Carl D. Per- H.R. 1197. An act to amend title 35, United following bills, in which it requests the kins Vocation and Applied Technology concurrence of the Senate: States Code, to protect patent owners Education Act. against the unauthorized sale of plant parts H.R. 2109. An act to amend the Federal The message further announced that taken from plants illegally reproduced, and Election Campaign Act of 1971 to require re- the House agrees to the report of the for other purposes. ports filed under such Act to be filed elec- committee of conference on the dis- H.R. 4052. An act to establish designations tronically and to require the Federal Elec- agreeing votes of the two Houses on for United States Postal Service buildings tion Commission to make such reports avail- the amendment of the House of Rep- located in Coconut Grove, Opa Locka, Carol able to the public within 24 hours of receipt. City, and Miami, Florida. H.R. 2263. An act to authorize and request resentatives to the bill (S. 2206) to the President to award the Congressional amend the Head Start Act, the Low-In- The message also announced that Medal of Honor posthumously to Theodore come Home Energy Assistance Act of Houses has passed the following bill, Roosevelt for his gallant and heroic actions 1981, and the Community Services without amendment: in the attack on San Juan Heights, Cuba, Block Grant Act to reauthorize and S. 1298. An act to designate a Federal during the Spanish-American War. make improvements to those Acts, to building located in Florida, Alabama, as the H.R. 4364. An act to streamline the regula- establish demonstration projects that ‘‘Justice John McKinley Federal Building.’’ tion of depository institutions, to safeguard The message further announced that confidential banking and credit union super- provide an opportunity for persons with limited means to accumulate as- the House has passed the following bill, visory information, and for other purposes. with amendments, in which it requests H.R. 4506. An act to provide for United sets, and for other purposes. States support for developmental alter- The message announced that the the concurrence of the Senate: natives for underage child workers. House agrees to the amendments of the S. 459. An act to amend the Native Amer- H.R. 4660. An act to amend the State De- Senate to the bill (H.R. 2675) to require ican Programs Act of 1974 to extend certain authorizations, and for other purposes. partment Basic Authorities Act of 1956 to that the Office of Personnel Manage- provide rewards for information leading to ment submit proposed legislation At 6:33 p.m., a message from the the arrest or conviction of any individual for under which group universal life insur- the commission of an act, or conspiracy to House of Representatives, delivered by act, of international terrorism, narcotics re- ance and group variable universal life Mr. Hays, one of its reading clerks, an- lated offenses, or for serious violations of insurance would be available under nounced that the House passed the fol- international humanitarian law relating to chapter 87 of title 5, United States lowing joint resolution, in which it re- the Former Yugoslavia, and for other pur- Code, and for other purposes. quests the concurrence of the Senate: poses. ENROLLED BILLS SIGNED H.J. Res. 133. Joint resolution making fur- The message also announced that the The message also announced that the ther appropriations for the fiscal year 1999, House has passed the following concur- Speaker has signed the following en- and for other purposes. rent resolutions, in which it requests rolled bills: ENROLLED BILL AND JOINT RESOLUTION SIGNED the concurrence of the Senate: H.R. 3694. An act to authorize appropria- The message also announced that the H. Con. Res. 302. Concurrent resolution rec- tions for fiscal year 1999 for intelligence and Speaker has signed the following bill ognizing the importance of children and fam- intelligence related activities of the United and joint resolution: ilies in the United States and expressing sup- States Government, the Community Man- S. 2022. An act to provide for the improve- port for the goals of National Kids Day and agement Account, and the Central Intel- ment of interstate criminal justice identi- National Family Month. ligence Agency Retirement and Disability fication, information, communications, and H. Con. Res. 309. Concurrent resolution System, and for other purposes. forensics. condemning the forced abduction of Ugandan H.R. 3790. An act to require the Secretary H.J. Res. 133. Joint resolution making fur- children and their use as soldiers. of the Treasury to mint coins in commemo- ther appropriations for the fiscal year 1999, ration of the bicentennial of the Library of and for other purposes. The message further announced that Congress. the House has passed the following H.R. 4248. An act to authorize the use of re- The enrolled bill and joint resolution bills and joint resolution, without ceipts from the sale of the Migratory Bird were signed subsequently by the Presi- amendment: Hunting and Conservation Stamps to pro- dent pro tempore (Mr. THURMOND). mote additional stamp purchases. f S. 890. An act to dispose of certain Federal properties located in Dutch John, Utah, to The enrolled bills were signed subse- ENROLLED BILL PRESENTED assist the local government in the interim quently by the President pro tempore delivery of basic services to the Dutch John (Mr. THURMOND). The Secretary of the Senate reported community, and for other purposes. that on October 9, 1998, he had pre- S. 1021. An act to amend title 5, United At 2:00 p.m., a message from the sented to the President of the United States Code, to provide that consideration House of Representatives, delivered by States, the following enrolled bill: October 9, 1998 CONGRESSIONAL RECORD — SENATE S12163 S. 2022. An act to provide for the improve- By Mr. HELMS, from the Committee on T.J. Glauthier, of California, to be Deputy ment of interstate criminal justice identi- Foreign Relations, with an amendment in Secretary of Energy. fication, information, communications, and the nature of a substitute: By Mr. ROTH, from the Committee on Fi- forensics. S. 1344: A bill to amend the Foreign Assist- nance: f ance Act of 1961 to target assistance to sup- Patricia T. Montoya, of New Mexico, to be port the economic and political independ- Commissioner on Children, Youth, and Fami- REPORTS OF COMMITTEES ence of the countries of South Caucasus and lies, Department of Health and Human Serv- The following reports of committees Central Asia (Rept. No. 105–394). ices. By Mr. MURKOWSKI, from the Committee David C. Williams, of Maryland, to be In- were submitted: spector General, Department of the Treas- on Energy and Natural Resources: Report to By Mr. MURKOWSKI, from the Committee ury. accompany the bill (S. 1614) to require a per- on Energy and Natural Resources: Report to mit for the making of motion picture, tele- (The above nominations were re- accompany the bill (S. 2402) to amend the ported with the recommendation that Immigration and Nationality Act to assist vision program, or other form of commercial the United States to remain competitive by visual depiction in a unit of the National they be confirmed, subject to the nomi- increasing the access of the United States Park System or National Wildlife Refuge nees’ commitment to respond to re- firms and institutions of higher education to System (Rept. No. 105–395). quests to appear and testify before any skilled personnel and by expanding edu- By Mr. MURKOWSKI, from the Committee duly constituted committee of the Sen- cational and training opportunities for on Energy and Natural Resources: Report to ate.) accompany the bill (S. 2285) to establish a American students and workers (Rept. No. By Mr. THOMPSON, from the Committee commission, in honor of the 150th Anniver- 105–383). on Governmental Affairs: By Mr. MURKOWSKI, from the Committee sary of the Seneca Falls Convention, to fur- David C. Williams, of Maryland, to be In- on Energy and Natural Resources: Report to ther protect sites of importance in the his- spector General, Department of the Treas- accompany the bill (S. 2143) to provide for toric efforts to secure equal rights for ury. the development of a management plan for women (Rept. No. 105–396). Gregory H. Friedman, of Maryland, to be the Woodland Lake Park tract in Apache- By Mr. MURKOWSKI, from the Committee Inspector General of the Department of En- Sitgreaves National Forest in the State of on Energy and Natural Resources: Report to ergy. Arizona reflecting the current use of the accompany the bill (S. 1175) to reauthorize Eljay B. Bowron, of Michigan, to be Inspec- tract as a public park (Rept. No. 105–384). the Delaware Water Gap National Recreation tor General, Department of the Interior. By Mr. MURKOWSKI, from the Committee Area Citizen Advisory Commission for 10 ad- (The above nominations were re- on Energy and Natural Resources: Report to ditional years (Rept. No. 105–397). ported with the recommendation that By Mr. MURKOWSKI, from the Committee accompany the bill (S. 2401) to authorize the they be confirmed.) addition of the Paoli Battlefield site in Mal- on Energy and Natural Resources: Report to vern, Pennsylvania, to Valley Forge Na- accompany the bill (S. 2239) to revise the Sylvia M. Mathews, of West Virginia, to be tional Historic Park (Rept. No. 105–385). boundary of Fort Matanzas Monument and Deputy Director of the Office of Management By Mr. MURKOWSKI, from the Committee for other purposes (Rept. 105–398). and Budget. on Energy and Natural Resources: Report to By Mr. MURKOWSKI, from the Committee John U. Sepulveda, of New York, to be Deputy Director of the Office of Personnel accompany the bill (S. 991) to make tech- on Energy and Natural Resources: Report to nical corrections to the Omnibus Parks and Management. accompany the bill (S. 2133) to designate Joseph Swerdzewski, of Colorado, to be Public Lands Management Act of 1996, and former United States Route 66 as ‘‘America’s General Counsel of the Federal Labor Rela- for other purposes (Rept. No. 105–386). Main Street’’ and authorize the Secretary of tions Authority for a term of five years. (Re- By Mr. MURKOWSKI, from the Committee the Interior to provide assistance (Rept. No. appointment) on Energy and Natural Resources: Report to 105–399). Dana Bruce Covington, Sr., of Mississippi, accompany the bill (S. 1960) A bill to allow By Mr. MURKOWSKI, from the Committee to be a Commissioner of the Postal Rate the National Park Service to acquire certain on Energy and Natural Resources: Report to Commission for a term expiring October 14, land for addition to the Wilderness Battle- accompany the bill (S. 2241) to provide for 2004. field, as previously authorized by law, by the acquisition of lands formerly occupied by Edward Jay Gleiman, of Maryland, to be a purchase or exchange as well as by donation the Franklin D. Roosevelt family at Hyde Commissioner of the Postal Rate Commis- (Rept. No. 105–387). Park, New York, and for other purposes sion for a term expiring October 14, 2004. (Re- By Mr. MURKOWSKI, from the Committee (Rept. No. 105–400). appointment) on Energy and Natural Resources: Report to By Mr. MURKOWSKI, from the Committee David M. Walker, of Georgia, to be Comp- accompany the bill (S. 2247) to permit the on Energy and Natural Resources: Report to troller General of the United States for a payment of medical expenses incurred by the accompany the bill (S. 2136) to provide for term of fifteen years. U.S. Park Police in the performance of duty the exchange of certain land in the State of (The above nominations were re- to be made directly by the National Park Washington (Rept. No. 105–401). ported with the recommendation that Service, and for other purposes (Rept. No. By Mr. MURKOWSKI, from the Committee they be confirmed, subject to the nomi- 105–388). on Energy and Natural Resources: Report to By Mr. MURKOWSKI, from the Committee nees’ commitment to respond to re- accompany the bill (S. 2248) to allow for quests to appear and testify before any on Energy and Natural Resources: Report to waiver and indemnification in mutual law accompany the bill (S. 2257) to reauthorize enforcement agreements between the Na- duly constituted committee of the Sen- the National Historic Preservation Act tional Park Service and a state or political ate.) (Rept. No. 105–389). subdivision, when required by state law, and f By Mr. MURKOWSKI, from the Committee for other purposes (Rept. No. 105–402). on Energy and Natural Resources: Report to By Mr. HATCH, from the Committee on INTRODUCTION OF BILLS AND accompany the bill (S. 2284) to establish the the Judiciary, without amendment and with JOINT RESOLUTIONS Minuteman Missile National Historic Site in a preamble: the State of South Dakota, and for other The following bills and joint resolu- S. RES. 257: A resolution expressing the purposes (Rept. No. 105–390). tions were introduced, read the first sense of the Senate that October 15, 1998, By Mr. MURKOWSKI, from the Committee and second time by unanimous con- should be designated as ‘‘National Inhalant on Energy and Natural Resources: Report to sent, and referred as indicated: Abuse Awareness Day.’’ accompany the bill (S. 2513) to transfer ad- By Mr. CAMPBELL, from the Committee By Mr. TORRICELLI (for himself, Mr. ministrative jurisdiction over certain Fed- on Indian Affairs, with an amendment in the LEAHY, Mr. DEWINE, and Mr. JEF- eral land located within or adjacent to nature of a substitute and an amendment to FORDS): Rogue River National Forest and to clarify the title: S. 2596. A bill to amend the Federal Agri- the authority of the Bureau of Land Manage- S. 1771: A bill to amend the Colorado Ute culture Improvement and Reform Act of 1996 ment to sell and exchange other Federal land to improve the farmland protection program; Indian Water Rights Settlement Act to pro- in Oregon (Rept. No. 105–391). to the Committee on Agriculture, Nutrition, vide for a final settlement of the claims of By Mr. MURKOWSKI, from the Committee and Forestry. on Energy and Natural Resources: Report to the Colorado Ute Indian Tribes, and for other S. 2597. A bill to amend the Federal Agri- accompany the bill (H.R. 2411) to provide for purposes. culture Improvement and Reform Act of 1996 a land exchange involving the Cape Cod Na- f to improve the farmland protection program; tional Seashore and to extend the authority to the Committee on Agriculture, Nutrition, for the Cape Cod National Seashore Advisory EXECUTIVE REPORTS OF and Forestry. Commission (Rept. No. 105–392). COMMITTEE By Mr. TORRICELLI (for himself and By Mr. MURKOWSKI, from the Committee Mr. LAUTENBERG): on Energy and Natural Resources: Report to The following executive reports of S. 2598. A bill to require proof of screening accompany the bill (H.R. 4166) to amend the committees were submitted: for lead poisoning and to ensure that chil- Idaho Admission Act regarding the sale or By Mr. MURKOWSKI, from the Committee dren at highest risk are identified and treat- lease of school land (Rept. No. 105–393). on Energy and Natural Resources: ed; to the Committee on Finance. S12164 CONGRESSIONAL RECORD — SENATE October 9, 1998 By Ms. SNOWE: ficiaries to remain enrolled in their chosen against the civilian population of Sierra S. 2599. A bill to amend title 38, United medicare health plan; to the Committee on Leone; to the Committee on Foreign Rela- States Code, to establish a presumption of the Judiciary. tions. service-connection for certain veterans with By Mr. FORD: By Mr. DURBIN (for himself and Mr. Hepatitis C, and for other purposes; to the S. 2612. A bill to provide that Tennessee MACK): Committee on Veterans Affairs. may not impose sales taxes on any goods or S. Con. Res. 127. A concurrent resolution By Mr. HATCH: services purchased by a resident of Kentucky recognizing the 50th anniversary of the Na- S. 2600. A bill to amend section 402 of the at Fort Campbell, nor obtain reimbursement tional Institute of Allergy and Infectious Controlled Substances Act to reform the for any unemployment compensation claim Diseases, and for other purposes; to the Com- civil remedy provisions relating to record- made by a resident of Tennessee relating to mittee on the Judiciary. keeping violations; to the Committee on the work performed at Fort Campbell; to the By Mr. LEAHY (for himself, Mr. DODD, Judiciary. Committee on Governmental Affairs. Mrs. FEINSTEIN, Mr. KERRY, Mrs. By Mr. KYL: By Mr. KERREY: MURRAY, Mr. DURBIN, Mr. BINGAMAN, S. 2601. A bill to provide block grant op- S. 2613. A bill to accelerate the percentage Mr. FEINGOLD, Mr. HARKIN, Mr. BUMP- tions for certain education funding; to the of health insurance costs deductible by self- ERS, Mr. WELLSTONE, Mr. JEFFORDS, Committee on Labor and Human Resources. employed individuals through the use of rev- Mrs. BOXER, Mr. KENNEDY, Mr. S. 2602. A bill to amend the Internal Reve- enues resulting from an estate tax technical WYDEN, and Ms. MIKULSKI): nue Code of 1986 to allow a credit against in- correction; to the Committee on Finance. S. Con. Res. 128. A concurrent resolution come tax for expenses of attending elemen- By Mr. COATS: expressing the sense of Congress regarding tary and secondary schools and for contribu- S. 2614. A bill to amend chapter 96 of title measures to achieve a peaceful resolution of tions to charitable organizations which pro- 18, United States Code, to enhance the pro- the conflict in the state of Chiapas, Mexico, vide scholarships for children to attend such tection of first amendment rights; to the and for other purposes; to the Committee on schools; to the Committee on Finance. Committee on the Judiciary. Foreign Relations. By Mr. BAUCUS (for himself, Mr. By Mr. MURKOWSKI: f DASCHLE, Mr. INOUYE, Mr. BINGAMAN, S. 2615. A bill to study options to improve Mr. JOHNSON, and Mr. CONRAD): and enhance the protection, management, STATEMENTS ON INTRODUCED S. 2603. A bill to promote access to health and interpretation of the significant natural BILLS AND JOINT RESOLUTIONS care services in rural areas; to the Commit- and other resources of certain units of the tee on Finance. National Park System in northwest Alaska, By Mr. TORRICELLI: to implement a pilot program to better ac- By Mr. TORRICELLI (for himself, S. 2604. A bill to provide demonstration complish the purposes for which those units Mr. LEAHY, Mr. DEWINE, and grants to local educational agencies to en- were established by providing greater in- Mr. JEFFORDS): able the agencies to extend time for learning volvement by Alaska Native communities, S. 2596. A bill to amend the Federal and the length of the school year; to the and for other purposes; to the Committee on Committee on Labor and Human Resources. Agriculture Improvement and Reform Energy and Natural Resources. Act of 1996 to improve the farmland By Mr. TORRICELLI (for himself and By Mr. ROTH (for himself and Mr. Mr. LAUTENBERG): protection program; to the Committee MOYNIHAN): S. 2605. A bill to amend the Public Health S. 2616. A bill to amend title XVIII of the on Agriculture, Nutrition, and For- Service Act to provide for the establishment Social Security Act to make revisions in the estry. of a national program of traumatic brain in- per beneficiary and per visit payment limits FARMLAND PROTECTION LEGISLATION jury and spinal cord injury registries; to the on payment for health services under the Committee on Labor and Human Resources. ∑ Mr. TORRICELLI. Mr. President, medicare program; to the Committee on Fi- By Mr. ASHCROFT: today I introduce legislation which will nance. S. 2606. A bill to amend the Agricultural assist in the critical effort to preserve Trade Act of 1978 to require the President to f our nation’s most vulnerable farmland. report to Congress on any selective embargo I want to first acknowledge Senator on agricultural commodities, to provide a SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS LEAHY’s decisive leadership on this termination date for the embargo, to provide issue, and recognize him as the author greater assurances for contract sanctity, and The following concurrent resolutions of the original legislation establishing for other purposes; to the Committee on Ag- and Senate resolutions were read, and the Farmland Protection Program in riculture, Nutrition, and Forestry. referred (or acted upon), as indicated: By Mr. DEWINE (for himself, Mr. the 1996 Farm Bill. He has been a tire- ROCKEFELLER, Ms. LANDRIEU, and Mr. By Mr. THOMAS (for himself, Mr. less advocate for this important issue, CHAFEE): KERRY, Mr. SMITH of Oregon, Mr. and I look forward to working closely S. 2607. A bill to improve the administra- LIEBERMAN, and Mr. GRAMS): with him in the future to protect more tive efficiency and effectiveness of the Na- S. Res. 294. A resolution expressing the of our Nation’s open spaces. sense of the Senate with respect to develop- tion’s abuse and neglect courts and the qual- We have heard a lot during the last ity and availability of training for judges, ments in Malaysia and the arrest of Dato attorneys, and volunteers working in such Seri Anwar Ibrahim; to the Committee on decade about the dissolution and de- courts, and for other purposes consistent Foreign Relations. struction of the American Family with the Adoption and Safe Families Act of By Mr. COATS (for himself, Mr. Farm. Indeed, the family farm is under 1997; to the Committee on Finance. MCCAIN, and Mr. COVERDELL): serious threat of extinction. Today, By Mr. KYL (by request): S. Res. 295. A bill to express the sense of there are 1,925,300 farms in the United S. 2608. A bill to approve a mutual settle- the Senate concerning the development of ef- States, the lowest number of farms in ment of the Water Rights of the Gila River fective methods for eliminating the use of our Nation since before the Civil War. heroin; to the Committee on Labor and Indian Community and the United States, on The U.S. is losing two acres of our best behalf of the Community and the Allottees, Human Resources. and Phelps Dodge Corporation, and for other By Mr. KERREY: farmland to development every minute purposes; to the Committee on Indian Af- S. Res. 296. A resolution expressing the of every day. In my State, New Jersey, fairs. sense of the Senate that, on completion of we have lost 6,000 farms, or 40 percent By Mr. BENNETT (for himself and Mr. construction of a World War II Memorial in of our total, since 1959. This reduction MACK): Area I of the District of Columbia and its en- has serious implications for the envi- S. 2609. A bill to ensure confidentiality virons, Congress should provide funding for ronment, the economy and our food with respect to medical records and health the maintenance, security, and custodial and supply. long-term care of the memorial by the Na- care-related information, and for other pur- The threat comes partially from an poses; to the Committee on Labor and tional Park Service; considered and agreed Human Resources. to. anachronistic and unfair inheritance By Mr. LIEBERMAN (for himself, Mr. By Mr. LOTT (for himself and Mr. tax that threatens the generational DODD, Mr. KERRY, Mr. LAUTENBERG, DASCHLE): continuity of the family farm and par- and Mr. TORRICELLI): S. Res. 297. A resolution authorizing testi- tially from the fact that much of S. 2610. A bill to amend the Clean Air to re- mony and representation of former and cur- America’s farmland is near major cit- peal the grandfather status for electric util- rent Senate employees and representation of ies. As our cities sprawl into neighbor- ity units; to the Committee on Environment Senator Craig in Student Loan Fund of ing rural areas, our farms are in danger and Public Works. Idaho, Inc. v. Riley, et al; considered and By Mr. ROTH (for himself, Mr. agreed to. of becoming subdivisions or shopping LIEBERMAN, and Mr. MACK): By Mr. ABRAHAM: malls. S. 2611. A bill to amend title XVIII of the S. Res. 298. A resolution condemning the Last year I strongly supported a sig- Social Security Act to enable medicare bene- terror, vengeance, and human rights abuses nificant reduction in the estate tax to October 9, 1998 CONGRESSIONAL RECORD — SENATE S12165 keep farms in the family, preserve open screened for elevated blood-lead levels screenings, they are not a mandatory space and ensure fairness in our tax at least twice before they reach the age requirement of Medicaid health care code. This was an important victory of 2. But the Centers for Disease Con- contracts. Thus, there is no statutory for farmers across the Nation. How- trol and Prevention estimates that na- obligation on the part of physicians to ever, we also need programs like the tionally, 890,000 children between the perform the tests. This will ensure that Farmland Protection Program to rein- ages of one and five have elevated doctors perform the tests and that if a force this effort. This critical initiative blood lead levels and have never been child does test positive that an envi- is designed to protect soil by encourag- tested. ronmental assessment will be done at ing landowners to limit conversion of Even worse, Mr. President, in a Re- their home and that follow-up testing their farmland to non-agricultural port to Congress earlier this year, the and evaluations will be conducted. uses. It has proven so successful that General Accounting Office reported I am especially pleased that I have demand for these grants currently out- that almost 79 percent of Medicaid been joined in this fight by two highly strips availability of funds by 900 per- children under two years of age have regarded national advocacy groups. cent, and the last of its authorized never been screened! This means that The Alliance to End Childhood Lead funding was spent during fiscal year as many as 206,000 Medicaid children Poisoning, a non-profit public interest 1998. between the ages of 1 and 2 have not organization exclusively dedicated to The legislation I am introducing been screened. Considering that in 1991 the elimination of childhood lead poi- today with Senators LEAHY, DEWINE the U.S. Public Health Service called soning, has publicly endorsed the Lead and JEFFORDS will provide authoriza- for a society-wide effort to eliminate PAINT Act. Similarly, the Coalition to tion for additional funding, and ensure childhood lead poisoning by the year End Childhood Lead Poisoning, a non- the survival of this important program. 2011, it is quite apparent that we are profit parents and victims organization Our bill will reauthorize the program not making much progress in reaching dedicated to educating the public on at $55 million a year through 2002, and that goal. the dangers of lead poisoning and as will broaden the original legislation to A subsequent GAO report further well as to eradicating this disease, has allow non-profit conservation groups to identified poor and minority children also publicly endorsed this legislation. hold these easements. This provision is as being at greatest risk of lead poison- Mr. President, although we have necessary because some State govern- ing. GAO reported that the prevalence made great progress in lead poison pre- ments, such as Colorado’s, are barred of elevated blood lead levels in His- vention techniques, first, by banning from holding easements by their con- panic children aged 1 through 5 was lead-based paint in homes and more re- stitution. This legislation will allow more than twice that of white children, cently by strengthening our home test- non-profit groups to hold these ease- and for African-American children it ing system, the GAO report makes it ments in lieu of the state government was more than five times that of white very clear that we are failing to iden- and this will broaden participation in children. Additionally, children in fam- tify those children with lead already in the program. ilies below 130 percent of the Federal their bodies. It is time we demand ac- I hope my colleagues are able to sup- poverty level had a higher prevalence countability. Our children deserve no port this legislation and allow us to of elevated blood lead levels than those less. continue building on the success of the children above the Federal poverty I look forward to working with my past few years, during which we were level. Yet all these children continue colleagues on this legislation and this able to protect nearly 82,000 acres on to be the very ones falling through the issue. I ask unanimous consent that more than 230 farms.∑ cracks! the text of the bill be printed in the That is why, Mr. President, I am in- RECORD. By Mr. TORRICELLI. (for himself troducing this legislation. The Chil- There being no objection, the bill was and Mr. LAUTENBERG): dren’s Lead PAINT Act promises to be ordered to be printed in the RECORD, as S. 2598. A bill to require proof of a three-pronged attack on the lead- follows: screening for lead poisoning and to en- screening system. First, it will create a S. 2598 sure that children at highest risk are ‘‘safety net’’ through WIC and Early Be it enacted by the Senate and House of Rep- identified and treated; to the Commit- Start to ensure that high-risk children resentatives of the United States of America in Congress assembled, tee on Finance. are screened. A parent enrolling their SECTION 1. SHORT TITLE. CHILDREN’S LEAD PREVENTION AND INCLUSIVE child in either of these programs must This Act may be cited as the ‘‘Children’s TREATMENT ACT OF 1998 provide proof of screening, within 180 Lead Prevention and Inclusive Treatment ∑ Mr. TORRICELLI. Mr. President, days of enrollment. If a child hasn’t Act of 1998’’ or the ‘‘Children’s Lead PAInT today with my colleague from New Jer- been screened, a parent can request Act’’. sey, Senator LAUTENBERG, I introduce WIC or Early Start to perform the test SEC. 2. FINDINGS AND PURPOSES. the ‘‘Children’s Lead Prevention and themselves. Additionally, if WIC or (a) FINDINGS.—Congress finds that— Inclusive Treatment Act of 1998.’’ For Early Start performs the test, Medic- (1) lead poisoning remains a serious envi- almost thirty years Congress has fo- aid will be authorized to reimburse the ronmental risk, especially to the health of cused attention on lead-related issues. young children; program. (2) childhood lead poisoning can cause re- In 1971 we first passed the Lead-based Second, we will be putting teeth into ductions in IQ, attention span, reading, and Paint Poisoning Prevention Act, and the State’s screening obligation, by learning disabilities, and other growth and much has been done since that time to setting a Minimum number of behavior problems; identify children with elevated lead Screenings a State must perform, or (3) children under the age of 6 are at the levels, to educate parents on the dan- having it face a penalty for failure. Be- greatest risk because of the sensitivity of gers of lead, and to devise means of re- ginning in Fiscal Year 2000, States will their developing brains and nervous systems; moving or controlling lead in homes. be required to screen at least 50 per- (4) poor children and minority children are Over the last 20 years, the removal of cent of Medicaid children under age 2. at substantially higher risk of lead poison- ing; lead from gasoline, food canning, chil- This will increase 10 percent each year (5) it is estimated that more than 500,000 dren’s toys, and other sources has seen until it hits 90 percent, where it must children enrolled in medicaid have harmful a reduction in national population remain. If States fail to meet these tar- levels of lead in their blood; blood lead levels by over 80 percent. gets, they stand to lose one percent of (6) children enrolled in medicaid represent Yet recent studies indicate that we their Medicaid funds. 60 percent of the 890,000 children in the are still not doing enough. While na- Finally, Mr. President, we will re- United States with elevated blood lead lev- tional lead levels have dropped over 80 quire any Health Care Provider that els; percent, the numbers for Medicaid chil- signs a State Medicaid contract to (7) although the Health Care Financing Ad- dren, and poor children overall, are agree in that contract to comply with ministration has required mandatory blood lead screenings for children enrolled in med- nothing short of disgraceful. Since 1992 the screening requirements, and to pro- icaid who are not less than 1 nor more than the Health Care Financing Administra- vide follow-up services to children who 5 years of age, approximately two-thirds of tion, at the behest of Congress, has re- test positive. Although States have children enrolled in medicaid have not been quired that Medicaid children be been required to perform these screened or treated; S12166 CONGRESSIONAL RECORD — SENATE October 9, 1998

(8) the Health Care Financing Administra- (b) MANDATORY SCREENING REQUIRE- meet these additional requirements before tion mandatory screening policy has not MENTS.—Section 1902(a) of the Social Secu- the first day of the first calendar quarter be- been effective, or sufficient, to properly iden- rity Act (42 U.S.C. 1396a(a)) is amended— ginning after the close of the first regular tify and screen children enrolled in medicaid (1) in paragraph (65), by striking the period session of the State legislature that begins who are at risk; and inserting ‘‘; and’’; and after the date of the enactment of this Act. (9) uniform lead screening requirements do (2) by adding at the end the following: For purposes of the previous sentence, in the not exist for children not enrolled in medic- ‘‘(66) provide that each contract entered case of a State that has a 2-year legislative aid; and into between the State and an entity (includ- session, each year of the session is consid- (10) adequate treatment services are not ing a health insuring organization and a ered to be a separate regular session of the uniformly available for children with ele- medicaid managed care organization) that is State legislature. vated blood lead levels. responsible for the provision (directly or through arrangements with providers of SEC. 4. LEAD POISONING SCREENING FOR SPE- (b) PURPOSE.—The purpose of this Act is to CIAL SUPPLEMENTAL NUTRITION create a lead screening safety net that will, services) of medical assistance under the PROGRAM FOR WOMEN, INFANTS, through medicaid and other entitlement pro- State plan shall provide for— AND CHILDREN. ‘‘(A) compliance with mandatory screening grams, ensure that low-income children at Section 17(d) of the Child Nutrition Act of requirements for lead blood level assess- the highest risk of lead poisoning receive 1966 (42 U.S.C. 1786(d)) is amended by adding ments (as appropriate for age and risk fac- blood lead screenings and appropriate follow- at the end the following: tors) that are commensurate with guidelines up care. ‘‘(4) LEAD POISONING SCREENING.— and mandates issued by the Secretary ‘‘(A) IN GENERAL.—Subject to subparagraph SEC. 3. INCREASED LEAD POISONING through the Administrator of the Health (B), for an infant or child to be eligible to SCREENINGS AND TREATMENTS Care Financing Administration; and participate in the program under this sec- UNDER THE MEDICAID PROGRAM. ‘‘(B) coverage of appropriate qualified lead tion, a member of the family of the infant or (a) PENALTY FOR INSUFFICIENT INCREASES IN treatment services, as prescribed by the Cen- child shall provide proof to the State agency, LEAD POISONING SCREENINGS.— ters for Disease Control and Prevention not later than 180 days after enrollment of (1) PERFORMANCE IMPROVEMENT.—Section guidelines, for children with elevated levels the infant or child in the program and peri- 1903 of the Social Security Act (42 U.S.C. of lead in their blood.’’. odically thereafter (as determined by the 1396b) is amended by adding at the end the (c) REIMBURSEMENT FOR TREATMENT OF State agency), that the infant or child has following: CHILDREN WITH ELEVATED BLOOD LEAD LEV- ELS.—Section 1905 of the Social Security Act received a blood lead test for lead poisoning ‘‘(x) PERFORMANCE IMPROVEMENT.— (42 U.S.C. 1396d) is amended— using an assessment that is appropriate for ‘‘(1) IN GENERAL.—Notwithstanding section (1) in subsection (a)— age and risk factors. 1905(b), beginning with fiscal year 2000 and (A) in paragraph (26), by striking ‘‘and’’ at ‘‘(B) WAIVERS.—A State agency or local for each fiscal year thereafter, with respect the end; agency may waive the requirement of sub- to any State that fails to meet minimum (B) by redesignating paragraph (27) as paragraph (A) with respect to an infant or blood lead screening rates stated in para- paragraph (28); and child if the State agency or local agency de- graph (2), the Federal medical assistance (C) by inserting after paragraph (26) the termines that— percentage determined under section 1905(b) following: ‘‘(i) the area in which the infant or child for the State for the fiscal year shall be re- ‘‘(27) qualified lead treatment services (as resides does not pose a risk of lead poisoning; duced by 1 percentage point, but only with defined in subsection (v);’’; and or respect to— (2) by adding at the end the following: ‘‘(ii) the requirement would be contrary to ‘‘(A) items and services furnished under a ‘‘(v)(1) The term ‘qualified lead treatment the religious beliefs or moral convictions of State plan under this title during that fiscal services’ means all appropriate and medi- the family of the infant or child. year; cally necessary services that are provided by ‘‘(C) SCREENINGS BY STATE AGENCIES.— ‘‘(B) payments made on a capitation or a qualified provider, as determined by the ‘‘(i) IN GENERAL.—On the request of a mem- other risk-basis under a State plan under State, to treat a child described in paragraph ber of a family of an infant or child who has this title for coverage occurring during that (2), including— not been screened for lead poisoning and who fiscal year; and ‘‘(A) environmental investigations to de- seeks to participate in the program, at no ‘‘(C) payments under a State plan under termine the source of a child’s lead exposure, charge to the family, a State agency shall this title that are attributable to DSH allot- including the costs of qualified and trained perform a blood lead test on the infant or ments for the State determined under sec- professionals (including health professionals child that is appropriate for age and risk fac- tion 1923(f) for that fiscal year. and lead professionals certified by the State tors. ‘‘(2) MINIMUM BLOOD LEAD SCREENING or the Environmental Protection Agency) to ‘‘(ii) REIMBURSEMENT.—On the request of a RATES.—The minimum acceptable percent- conduct such investigations and the costs of State agency that screens for lead poisoning ages of 2-year-old medicaid-enrolled children laboratory testing of substances suspected of under clause (i) an infant or child that is re- who have received at least 1 blood lead being significant pathways for lead exposure ceiving medical assistance under a State screening test are— (such as lead dust, paint chips, bare soil, and plan under title XIX of the Social Security ‘‘(A) 50 percent in fiscal year 2000; water); Act (42 U.S.C. 1396 et seq.), the Secretary of ‘‘(B) 60 percent in fiscal year 2001; ‘‘(B) professional case management serv- Health and Human Services shall reimburse ‘‘(C) 70 percent in fiscal year 2002; ices to coordinate access to such services; the State agency, from funds that are made ‘‘(D) 80 percent in fiscal year 2003; and and available under that title, for the cost of the ‘‘(E) 90 percent in each fiscal year after fis- ‘‘(C) emergency measures to reduce or screening (including the cost of purchasing cal year 2003. eliminate lead hazards to a child, if required portable blood lead analyzer instruments ap- ‘‘(3) MODIFICATION OR WAIVER.—The Sec- (as recommended by the Centers for Disease proved for sale by the Food and Drug Admin- retary may modify or waive the application Control and Prevention). istration and providing screening with the of paragraph (1) in the case of a State that ‘‘(2) For purposes of paragraph (1), a child use of such instruments through laboratories the Secretary determines has performed dur- described in this paragraph is a child who— certified under section 353 of the Public ing a fiscal year such a significant number of ‘‘(A) has attained 6 months of age but has Health Service Act (42 U.S.C. 263a)).’’. lead blood level assessments that the State not attained 73 months of age; and reasonably cannot be expected to achieve the SEC. 5. LEAD POISONING SCREENING FOR EARLY ‘‘(B) has been identified as having a blood HEAD START PROGRAMS. minimum blood lead screening rates estab- lead level that equals or exceeds 20 lished by paragraph (2).’’. micrograms per deciliter (or persistently Section 645A of the Head Start Act (42 (2) REPORTING REQUIREMENT.—Section equals or exceeds 15 micrograms per deci- U.S.C 9840a) is amended— 1902(a)(43)(D) of the Social Security Act (42 liter).’’. (1) in subsection (c)(2), by inserting before U.S.C. 1396a(a)(43)(D)) is amended— (d) EFFECTIVE DATE.— the semicolon the following: ‘‘, if the fami- (A) in clause (iii), by striking ‘‘and’’ at the (1) IN GENERAL.—The amendments made by lies comply with subsection (i)’’; and end; this section apply on and after October 1, (2) by adding at the end the following: (B) in clause (iv), by striking the semi- 1998. ‘‘(i) LEAD POISONING SCREENING.— colon and inserting ‘‘, and’’; and (2) EXTENSION OF EFFECTIVE DATE FOR ‘‘(1) IN GENERAL.—Subject to paragraph (2), (C) by adding at the end the following: STATE LAW AMENDMENT.—In the case of a for a child to be eligible to participate in a ‘‘(v) the number of children who are not State plan under title XIX of the Social Se- program described in subsection (a)(1), a more than 2 years of age and enrolled in the curity Act which the Secretary of Health member of the family of the child shall pro- medicaid program and the number and re- and Human Services determines requires vide proof to the entity carrying out the pro- sults of lead blood level assessments per- State legislation in order for the plan to gram, not later than 180 days after enroll- formed by the State, along with demographic meet the additional requirements imposed ment of the child in the program and periodi- and identifying information that is consist- by the amendments made by this section, cally thereafter (as determined by the en- ent with the recommendations of the Centers the State plan shall not be regarded as fail- tity), that the child has received a blood lead for Disease Control and Prevention with re- ing to comply with the requirements of this test for lead poisoning using an assessment spect to lead surveillance;’’. section solely on the basis of its failure to that is appropriate for age and risk factors. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12167 ‘‘(2) WAIVERS.—The entity may waive the fact that hepatitis C was little known short bout of hepatitis, hepatitis C was requirement of paragraph (1) with respect to and could not be tested for until re- not known then and there was no test- a child if the entity determines that— cently. ing to detect the hepatitis C infection ‘‘(A) the area in which the child resides Mr. President, we are learning that at discharge. does not pose a risk of lead poisoning; or The hepatitis C infected veterans are ‘‘(B) the requirement would be contrary to those who served in Vietnam and other the religious beliefs or moral convictions of conflicts, tend to have higher than av- essentially in a catch 22: the VA is re- the family of the child. erage rates of hepatitis C. In fact, VA luctant to depart from their routine ‘‘(3) SCREENINGS BY ENTITIES.— data shows that 20 percent of its inpa- service connection requirements and ‘‘(A) IN GENERAL.—On the request of a tient population is infected with the veterans cannot prove that they con- member of a family of a child who has not hepatitis C virus, and some studies tracted hepatitis C in combat because been screened for lead poisoning and who have found that 10 percent of otherwise the science to detect it did not exist seeks to participate in the program, at no healthy Vietnam veterans are hepatitis during the period of service. Without charge to the family, the entity shall per- congressional authority in the form of form a blood lead test on the child that is ap- C positive. propriate for age and risk factors. Although hepatitis C is a very seri- legislation providing for presumptive ‘‘(B) REIMBURSEMENT.—On the request of ous infection, it was actually unknown service connection, thousands of Viet- an entity that screens for lead poisoning until recently. Hepatitis C was not iso- nam vets infected with hepatitis C in under subparagraph (A) a child that is re- lated until 1989, and the test for the service will not get VA health care ceiving medical assistance under a State virus has only been available since testing or treatment. I believe the gov- plan under title XIX of the Social Security 1990. Hepatitis C is a hidden infection ernment will actually save money in Act (42 U.S.C. 1396 et seq.), the Secretary with few symptoms. However, most of the long run by testing and treating shall reimburse the entity, from funds that those infected with the virus will de- this infection early on. The alternative are made available under that title, for the cost of the screening (including the cost of velop serious liver disease 10 to 30 is much more costly treatment of end- purchasing portable blood lead analyzer in- years after contracting it. For many of stage liver disease and the associated struments approved for sale by the Food and those infected, hepatitis C leads to complications, or other disorders. Drug Administration and providing screen- liver failure, transplants, liver cancer, I would like to describe some of the ing with the use of such instruments through and ultimately death. research that has led me to the conclu- laboratories certified under section 353 of the And yet, most people who have hepa- sion that hepatitis C may be service Public Health Service Act (42 U.S.C. titis C don’t even know it and often do connected in many veterans. A number 263a)).’’.∑ not get treatment until it’s too late. of studies have established a link be- By Ms. SNOWE: Only five percent of the estimated four tween hepatitis C in veterans and high S. 2599. A bill to amend title 38, million Americans with hepatitis C risk factors for hepatitis C that are United States Code, to establish a pre- know they have it, but with new treat- unique to combat or are highly preva- sumption of service-connection for cer- ments, some estimates indicate that 50 lent in combat situations. tain veterans with Hepatitis C, and for percent can have the virus eradicated. A study published in the American other purposes; to the Committee on Vietnam Veterans in particular are Journal of Epidemiology in 1980 found Veterans’ Affairs. just now starting to show up with liver that veterans have a higher incidence HEPATITIS C VETERANS LEGISLATION disease caused by hepatitis C. And de- of hepatitis C compared to non-veter- ∑ Ms. SNOWE. Mr. President, today I tection and treatment now may help ans. The study of veterans receiving introduce legislation to address a seri- head off serious liver disease for many liver transplants at the Nashville, Ten- ous health concern for veterans in- of them. However, many veterans with nessee VA medical center, which was fected with the hepatitis C virus. This hepatitis C will not be treated by the conducted by researchers at the Van- legislation would make hepatitis C a VA because they cannot establish a derbilt University Medical Center, service-connected condition so that service connection for their condition found that there ‘‘was a significantly veterans suffering from this virus can in spite of the fact that we now know greater incidence of hepatitis C . . . in be treated by the VA. that many Vietnam-era and other vet- veterans compared with non-VA pa- Specifically, the bill will establish a erans got this disease serving their tients.’’ The study claims to confirm presumption of service connection for country. that ‘‘veteran patients have a higher veterans with hepatitis C, meaning Many of my colleagues may be inter- incidence of hepatitis C. . .’’ that we will assume that this condition ested to know how veterans likely were A study published in Cancer in 1989 was incurred or aggravated in military exposed to this virus. Many veterans found that veterans have increased risk service, even if there is no record of received blood transfusions while in of liver cancer as compared to non-vet- evidence that the condition existed Vietnam. This is one of the most com- erans. The study found that there was during the actual period of service, pro- mon ways hepatitis C is transmitted. a 50 percent increase in the rate of vided that certain conditions are met. Medical transmission of the virus liver cancer among male veterans Under this legislation, veterans who through needles and other medical using VA medical systems from 1970 to received a transfusion of blood during a equipment is possible in combat. And 1982. period of service before December 31, Medical care providers in the services A study published in Military Medi- 1992; veterans who were exposed to were likely at increased risk, and may cine in 1997 found that from 1991 to blood during a period of service; veter- have, in turn, posed a risk to the serv- 1994, the number of veterans diagnosed ans who underwent hemodyalisis dur- ice members they treated. with hepatitis C increased significantly ing a period of service; veterans diag- Researchers have discovered that from 6,612 in 1991 to 18,854 in 1994, nosed with unexplained liver disease hepatitis C was widespread in South- which is an increase of more than 285 during a period of service; veterans east Asia during the Vietnam war, and percent. The study notes that ‘‘total with an unexplained liver dysfunction that some blood sent from the U.S. was patients seen nationally . . . increased value or test; or veterans working in a also infected with the virus. Research- by only 4.87 percent during the same health care occupation during service, ers and veterans organizations, includ- period.’’ Therefore, this increase can- will be eligible for treatment for this ing the Vietnam Veterans of America, not be explained by increased in work- condition at VA facilities. with whom I worked to prepare this load. Over the subsequent year, this in- I am introducing this legislation legislation, believe that many veterans creased to 21,400 (in 1996), and has since today because of medical research that were infected after being injured in continued to increase. suggests many veterans were exposed combat and getting a transfusion or Some will argue that further epi- to hepatitis C in service and are now from working as a medic around com- demiologic data is needed to resolve or suffering from liver and other diseases bat injuries. prove the issue of service connection. I caused by exposure to the virus. Yet, veterans cannot establish a serv- agree that we have our work cut out I am troubled that many ‘‘hepatitis C ice connection because frequently for us, and further study is required. veterans’’ are not being treated by the there were no symptoms when they However, while the research being done VA because they can’t prove the virus were infected in Vietnam. In addition, is providing more and more data on the was service connected, despite that while medical records may show a relationship between military service S12168 CONGRESSIONAL RECORD — SENATE October 9, 1998 and hepatitis C, we should not force who sacrificed in war so that others given the nature of some of the minor those who fought for our country to could live in peace shouldn’t have to deficiencies, which I am advised are wait for the treatment they deserve. fight again for the benefits and respect sometimes for trivial matters such as It should be noted that some progress they have earned. incorrect zip codes, the question must has been made in recent years in the In closing, let me say that we are be raised whether this particular en- effort to address this health concern. just now beginning to learn the full ex- forcement activity is operating more This is not a new issue. tent of this emerging health threat to life a hidden tax or user fees than a The VA has done some screening and veterans and the general population. meaningful deterrent to drug diversion. testing for hepatitis C in veterans. VA We still have a long way to go before In short, S. 2600 amends the Con- Under Secretary for Health, Ken Kizer, we know how best to confront this trolled Substances Act in three impor- issued a directive that all VA medical deadly virus. A comprehensive policy tant ways. First, it adds a negligence centers should test veterans for hepa- to confront such a monumental chal- standard to current law, so that the titis C if they fall into certain risk cat- lenge can not written overnight. It will government must prove that the egories. However, I understand that require the long-term commitment of record-keeping violation was due to a medical centers are not complying Congress and the Administration to a negligent act, rather than an unin- with this directive uniformly. In addi- serious effort to address this health tended mistake or omission, prior to tion, there is no mention of treatment concern. any fines being imposed. Second, it in the Kizer directive. Therefore, if the I hope this legislation will be a con- lowers the ceiling on these fines from virus is detected, the VA does not nec- structive step in this effort, and I look ‘‘up to $25,000’’ per violation, to ‘‘up to essarily treat it. forward to working with the Veterans’ $10,000’’ per violation. I would also note that the FY98 VA– Affairs Committee, the VA–HUD appro- The third provision adds a number of HUD Appropriations report contains priators, Vietnam Veterans of Amer- needed standards that the Attorney the following language: ‘‘The Commit- ica, and others to meet this emerging General must consider before any fine tee is concerned that the rates of seri- challenge.∑ is imposed. These include: whether di- ous liver disease, liver cancer and liver version actually occurred; whether ac- transplants related to hepatitis C in- By Mr. HATCH: tual harm to the public resulted from fection are expected to rise rapidly S. 2600. A bill to amend section 402 of the diversion; whether the violations among veterans populations over the the Controlled Substances Act to re- were intentional or negligent in na- next decade. Veterans health care fa- form the civil remedy provisions relat- ture; whether the violations were a cilities will bear a large part of the ing to recordkeeping violations; to the first time offense; the time intervals treatment cost. Those costs can be re- Committee on the Judiciary. between inspections where no, or any duced with early screening and treat- CONTROLLED SUBSTANCE CIVIL PENALTY serious, violations were found; whether ment of veterans infected with hepa- REFORM ACT the violations were multiple occur- titis C. Therefore, the Committee di- Mr. HATCH. Mr. President, I rise rences of the same type of violation; rects the Department to determine today to introduce the ‘‘Controlled whether and to what extent financial rates of hepatitis C infection among Substances Civil Penalty Reform Act profits may have resulted from the di- veterans receiving health services from of 1998,’’ S. 2600, legislation I have been version; and the financial capacity of the VA and to establish a protocol for developing for some months working in registrants to pay the fines assessed. screening new entrants to the VA conjunction with Senator GREGG and Finally, my proposal makes clear health care system. The Committee the Appropriations Committee, our that in determining whether to assess also directs the Department to provide House colleague, BILL MCCOLLUM, and a penalty, the Attorney General may counseling and access to treatment for other interested parties including the take into account whether the violator veterans who test positive for hepatitis Drug Enforcement Administration, the has taken immediate and effective cor- C. The Department should pay special National Association of Chain Drug rective action, including demonstrat- attention to rates of hepatitis C among Stores, and the National Wholesale ing the existence of compliance proce- veterans of Vietnam and more recent Druggists Association. dures, in order to reduce the potential deployments.’’ This is a ‘‘good government’’ bill, for any future violations. The Attorney Former Surgeon General C. Everett legislation which I intend to correct a General may also follow informal pro- Koop, well respected both within and situation which has proven to be of cedures such as sending one or more outside of the medical profession, has great concern to America’s drug stores, warning letters to the violator, as she said, ‘‘In some studies of veterans en- the wholesale community which sup- determines appropriate. tering the Department of Veterans Af- plies them, and America’s consumers. Mr. President, I recognize that our fairs health facilities, half of the veter- As a House hearing amply docu- time is short for the remainder of this ans have tested positive for HCV. Some mented last month, there have been a session. However, given Senator of these veterans may have left the number of cases in which the Drug En- GREGG’s significant interest in this military with HCV infection, while forcement Administration has imposed issue, and the abundant work that Rep- others may have developed it after large fines for small, record-keeping er- resentative MCCOLLUM and I have de- their military service. In any event, we rors committed by those the agency voted to this issue this year, I am need to detect and treat HCV infection regulates, primarily drug stores and hopeful this needed reform is some- if we are to head off very high rates of their suppliers. thing we can accomplish before we ad- liver disease and liver transplant in VA The DEA has a critical mission to journ. facilities over the next decade. I be- combat diversion of controlled sub- lieve this effort should include HCV stances. This is of great national sig- By Mr. KYL: testing as part of the discharge phys- nificance, and the agency should zeal- S. 2601. A bill to provide block grant ical in the military, and entrance ously pursue to the limits of the law options for certain education funding; screening for veterans entering the VA those who traffic in illicit drugs. to the Committee on Labor and Human health system.’’ That being said, there is a difference Resources. The VA requires that a veteran dem- between going after drug dealers and DOLLARS FOLLOWS THE KID EDUCATION BLOCK onstrate onset during service or within examining the records kept by legiti- GRANT requisite presumptive periods with mate wholesalers and pharmacies. S. 2602. A bill to amend the Internal chronic residuals of a disease or injury Overzealously throwing the book at Revenue Code of 1986 to allow a credit that had its onset during active mili- above-board businesses, who are doing against income tax for expenses of at- tary service. How does a veteran prove so much to help America’s consumers, tending elementary and secondary service connection under these criteria for relatively minor record-keeping schools and for contributions to chari- for a condition that did not even have violations is not warranted. table organizations which provide a name until 10 years ago. In 1997, these fines, which may be as- scholarships for children to attend Veterans have already fought their sessed at up to $25,000 per violation, to- such schools; to the Committee on Fi- share of battles—these men and women taled a substantial $12 million. But nance. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12169 K THROUGH COMMUNITY PARTICIPATION ACT and science. Around 40 percent of our cation funding is that it provides little ∑ Mr. KLY. Mr. President, I rise to in- fourth graders can’t read, while the if any link between the quality of a troduce two education legislative pro- government pays to add subtitles to school or school district’s educational posals that will increase parental and the ‘‘Jerry Springer Show.’’ product and the education funding it student choice, educational quality, It is clear that after more than 30 receives. The absence of a link between and school safety. years of topdown control, hundreds of school funding and education quality A colleague from the Arizona delega- duplicative federal programs and one- has led to a loss of accountability and tion, Representative Matt Salmon, is size-fits-all policies from Washington to an education product that is, in today introducing these proposals in are not working. many ways, severely deficient. Par- the House of Representatives. In fact, according to a recent study ents, students, and the nation suffer The first proposal is the ‘‘Dollars by the Heritage Foundation, 20 cents of from this loss of accountability. Follow the Student Education Block each education tax dollar are lost to As we all know, under current edu- Grant Act.’’ administrative and federal compliance cation-funding procedures, federal dol- This proposal would ensure that edu- costs. I believe these resources would lars allocated by the U.S. Department cation dollars are spent in the class- be better spent on textbooks or making of Education are sent to state edu- room on behalf of specific students schools safer than on salaries of, and cation agencies, and then to each rather than in bureaucracies like the regulations issued by, bureaucrats in school district, and finally, to each Department of Education in Washing- Washington. school. At each level, important edu- ton, D.C. It’s clear that we need to get more cation decisions are being made by bu- The second proposal is the ‘‘K from our education tax dollars by reaucrats—and more importantly, not through 12 Community Participation spending more of them in the class- being made by parents. Also, at each Act’’ which would offer tax credits to room and less in Washington. level of bureaucracy, additional per- This idea—an education block families and businesses of up to $500 centages of the original education- grant—has been successfully promoted annually for qualified K through 12 funding dollar that left Washington is by Senator SLADE GORTON of Washing- education expenses or activities. being lost. Currently, fully 20 percent Over the last 30 years, Americans ton state. The Gorton block grant pro- of all federal education dollars never have steadily increased their monetary posal passed the Senate and the House make it to the classroom and the stu- commitment to education. in 1997, but, at the Clinton administra- dent. Unfortunately, we have not seen a tion’s insistence, it was stripped from I believe we need to explore a new corresponding improvement in the the Labor, Health and Human Services, education-funding framework that is quality of the education our children and Education appropriations bill of child-centered rather than school, or receive. 1997. Given our financial commitment, and As with the Gorton proposal, my bill school district, centered. The current the great importance of education, would consolidate most federally fund- system has proven to be inconsistent these results are unacceptable. ed K through 12 education programs, with the fundamental principles of pa- Mr. President, I believe the problem except for special education. This rental choice, competition, and edu- is not how much money is spent, but money is sent directly to states and cation quality. how it is spent, and by whom. local school districts free from federal This proposal would implement the Our national commitment to edu- mandates or regulations. fundamental reform needed in our edu- cation is clear from the ever-increasing Under both proposals, each state cation financing system. I believe we sums we spend annually. would choose one of three options: 1. should consider financing public edu- The problem is the big-government, To have federal block grant funds sent cation by linking funding to individual Washington D.C.-based policies that directly to local school districts minus students and requiring that the schools have squandered these resources on federal regulations; 2. To have federal and school districts compete for those well-meaning but misguided programs block grant funds sent to the state edu- students by providing a quality edu- that are failing our children and our cation authority, again without federal cation. This approach puts the child, country. regulations; 3. Or to continue to re- rather than the system itself, at the By beginning the debate on these two ceive federal funds under the current center. With child-centered funding, legislative proposals at the end of the system of categorizing monies rigidly students are more valuable to schools 105th Congress, I believe the Congress into specific programs. than the bureaucrats who make fund- can build upon the great progress made But my amendment adds a new fea- ing decisions. in the direction of parental choice, ture to the block grant idea for states Simply put, under my plan, the fed- educational quality, and safety— that choose a block grant option. Sev- eral money that supports primary and progress which has been led by Senator eral years ago, the Goldwater Insti- secondary education would go directly PAUL COVERDELL and Senator SLADE tute, a Phoenix-based educational from the state to parents, and only GORTON, and Senator TIM HUTCHINSON. think tank, began to advocate market- then to the schools in which parents THE DOLLARS FOLLOW THE STUDENT EDUCATION based education finance reform in chose to educate their children. BLOCK GRANT PROPOSAL which a specific amount of money Practically speaking, what does this As a nation we have long recognized would follow each child to the school of mean? First, the federal government the supreme importance of educating his or her choice. I believe the time has funds about 6.3% of the total amount— our children. come for this concept of ‘‘dollars fol- $358 billion—invested in primary and It is the foundation for a productive lowing kids’’ to be debated and imple- secondary education each year. If every and rewarding future for all individuals mented on the national level. state chose the block grant, this pro- and, as Thomas Jefferson noted, ‘‘is es- Under this proposal, each state elect- posal would result in a block grant of sential to the preservation of our de- ing to have a block grant could also de- roughly $13 billion sent to the states mocracy.’’ cide to allow parents of children in pri- with greatly reduced regulatory man- The critical issue is whether the tax- vate schools, public schools (including dates. (It is important to note that fed- payers are getting their money’s worth charter schools), and parents of ‘‘home eral funding through the Individuals for their education tax dollar in light schooled’’ kids, to receive their ‘‘per with Disabilities Act is exempted from of the disappointing conclusions of the capita’’ amount directly, rather than this block grant.) recent congressional Education at the indirectly through the school district This amount—$13 billion—divided Crossroads report. and school. This money would literally among roughly 50 million students re- As the report pointed out, the federal ‘‘follow the child’’ from school to sults in $255 dollars that will ‘‘follow’’ government pays only seven percent of school, thus creating an incentive for each student. When one considers that the cost of education, but imposes 50 the school to muster the best edu- the average school enrollment is 530 percent of the paperwork requirements cation product possible in order to students, this block grant proposal that schools face. keep the child enrolled. would mean that each school would re- Our students are struggling to mas- I believe the fundamental problem ceive an average of $135,000 in federal ter just the basics in reading, math, with today’s method of federal edu- dollars and, more importantly, would S12170 CONGRESSIONAL RECORD — SENATE October 9, 1998 have the flexibility to sue it to address 48.6 million hours worth of paperwork available grants and scholarships for the specific educational needs of the per year—this is the equivalent of parents to use to send their children to students in that school. 25,000 employees working full time. the school of their choice. Suppose the parents of 50 students As I mentioned earlier, states get at How might this work? A group of decided to remove their children be- most seven percent of their total edu- businesses in any community could cause they were unsatisfied with the cation funds from the federal govern- join forces to send sums for which they educational product of the school: that ment, but most states report that received tax credits to charitable school would lose over $12,000 as a re- roughly half of their paperwork is im- ‘‘school-tuition organizations’’ which sult. This would mean that each school posed by federal education authorities. would make scholarships and grants would have the strong incentive to im- The federal government spends tax available to low income parents of chil- prove its curriculum, its staff, and its dollars on closed captioning of ‘‘edu- dren currently struggling to learn in overall performance, since, if parents cational’’ programs such as unsafe, non-functional schools. weren’t satisfied, they could move ‘‘Baywatch’’ and Jerry Springer’s Providing all parents—including low their child to another school—and the squalid daytime talk show. income parents—the freedom to choose dollars along with the child. With such a large number of pro- will foster competition and increase To allay fears that federal funding grams funded by the federal govern- parental involvement in education. In- will be cut if consolidated into a block ment, it’s no wonder local school au- suring this choice will make the fed- grant, this proposal provides that, if thorities feel the heavy hand of Wash- eral education tax code more like Ari- federal funding falls below the levels ington upon them. zona’s. It is a limited but important agreed to in the 1997 budget agreement, And what are the nation’s taxpayers step the Congress and the President it will revert back to funding under getting for their money? According to can—and I believe, must—take. federally-designated categories. the report, around 40 percent of fourth Mr. President, it’s clear that top- Also, my bill encourages states that grades cannot read, and 57 percent of down, one-size fits all, big government choose block grants to adjust the per- urban students score below their grade education policy has failed our chil- student amounts by two factors: The level. Half of all students from urban dren and our country. relative cost of living, i.e., rural v. school districts fail to graduate on This tax-credit legislation, as well as urban; and the income of the child’s time, if at all. U.S. 12th graders ranked the block-grant legislation I described parents. third from the bottom out of 21 nations earlier, will refocus our efforts on Citizens in the states put their trust in mathematics. According to U.S. doing what is in the best interests of in members of Congress to represent manufacturers, 40 percent of all 17- the child as determined by parents, and them in the nation’s capital. It is time year-olds do not have the math skills will give parents and businesses the op- Congress showed the same trust in to hold down a production job at a portunity to take an important step to them and gave them more discretion in manufacturing company. rescue American education so that we how their education tax dollars are The conclusion of the Education at can have the educated citizenry that spent. the Crossroads report is that the feder- Jefferson said was essential to our It comes down to this: Will local ally designed ‘‘one-size-fits-all’’ ap- health as a nation.∑ schools be improved through more con- proach to education is simply not trol from Washington, or will they be working. By Mr. BAUCUS (for himself, Mr. improved by giving more control to I believe we need a federal education DASCHLE, Mr. INOUYE, Mr. parents, teachers, and principals? The policy that will: Give parents more BINGAMAN, Mr. JOHNSON, and question needs only to be asked to be control. Give local schools and school Mr. CONRAD): answered. The K through 12 Commu- boards more control. Spend dollars in S. 2603. A bill to promote access to nity Participation Act. the classroom, not on a Washington bu- health care services in rural areas; to Mr. President, the second education reaucracy. Reaffirm our commitment the Committee on Finance. legislative proposal I am introducing to basic academics. PROMOTING HEALTH IN RURAL AREAS ACT OF today is the K through 12 Community As was the case regarding my block 1998 Participation Act. This proposal ad- grant proposal, my state of Arizona has Mr. BAUCUS. Mr. President, all dresses the problem of falling edu- led the way with legislation passed in Americans deserve access to primary cation standards by giving families and 1997. This state law provides tax credit health care and emergency treatment. businesses a tax incentive to provide that can be used by parents and busi- But in rural America the delivery of children with a higher quality edu- nesses to cover certain types of ex- these services is often difficult, given cation through choice and competition. penses attendant to primary and sec- the vast distances and extreme weather The problem of declining education ondary education. conditions that typically prevail. Just standards is illustrated by a report just Mr. President, today, Representative as small communities’ transportation, released by the Education and Work- SALMON and I are introducing a form of education and housing needs are dif- force Committee of the House of Rep- the new Arizona education tax-credit ferent than those of urban areas, so too resentatives, Education at the Cross- law. are their mechanisms for delivering roads. This is the most comprehensive The K through 12 Community Par- health care. review of federal education programs ticipation Education Act would be That’s why Senator DASCHLE and I ever undertaken by the United States phased in over four years and would are introducing the Promoting Health Congress. It shows that the federal gov- impel parents, businesses, and other In Rural Areas Act of 1998. PHIRA ernment’s response to the decline in members of the community to invest in would, among other things: reformu- American schools has been to build big- our children’s education. Specifically, late the Adjusted Average Per Capita ger bureaucracies, not a better edu- it offers every family or business a tax Cost for Medicare payments to man- cation system. credit of up to $500 annually for any K aged care; direct Medicare payments to According to the report: There are through 12 education expense or activ- tribally-owned hospitals; rebase provi- more than 760 federal education pro- ity. This tax credit could be applied to sions for Sole Community Hospitals; grams overseen by at least 39 federal home schooling, private schools (in- revise the underserved criteria used by agencies at a cost of $100 billion a year cluding charter schools), or parochial the Office of Personnel Management; to taxpayers. These programs are over- schools. Allowable expenses would in- and allow recently-closed hospitals to lapping and duplicative. For example, clude tuition, books, supplies, and tu- be designated on a Critical Access there are 63 separate (but similar) tors. basis. math and science programs, 14 literacy Further, the tax credit could be given As you know, 1997 reforms went a programs, and 11 drug-education pro- to a ‘‘school-tuition organization’’ for long way towards ensuring the viabil- grams. distribution. To qualify as a school-tui- ity of the Medicare program, including Even after accounting for recent tion organization, the organization its use by rural Americans. For exam- streamlining efforts, the U.S. Depart- would have to devote at least 90 per- ple, under Section 4201 of the 1997 BBA, ment of Education still requires over cent of its income per year to offering Congress established a rural-friendly October 9, 1998 CONGRESSIONAL RECORD — SENATE S12171 hospital program. Modeled on a dem- physicians in rural America, our bill with peers that can make practicing in onstration project conducted in my would allow programs training resi- a rural area more attractive. Yet the state of Montana, the new program al- dents targeted for rural areas to be ex- potential of telemedicine has been lim- lows a rural hospital to convert to a empt from the cap. ited by reimbursement issues and a limited-service hospital status, called a Mr. President, by reforming the way number of other obstacles. ‘‘Critical Access Hospital,’’ or CAH. health care is delivered in rural areas, In addition to problems with provider These hospitals are given flexibility we are not only making government recruitment and limitations facing and relief from Medicare regulations more efficient, we are making agencies telemedicine, seniors in rural areas do designed for full-size, full-service acute more accountable. And we are preserv- not have the array of health plan op- care hospitals. By giving these smaller ing a way of life that American pio- tions available in more urban areas due hospitals greater latitude on staffing neers established long ago and that in part to a disparity in reimburse- and other cumbersome federal regula- rural Americans continue today. It is ment. Although the Balanced Budget tions, it is easier for rural hospitals to in many ways a simpler lifestyle, un- Act began to address the issue of low organize their staffs and facilities complicated by traffic, smog and a de- payment levels in rural areas, and has based on patient needs. sire to get everything done yesterday. been successful to some degree, budg- If the demonstration project on But it is also a difficult way of life, etary constraints have prevented the which this new program is based is any characterized by harsh weather, long expected increase in rural areas. indication (and I certainly hope that it distances, and the historic tendency of The Promoting Health in Rural is), Congress can be proud of this new the Federal Government to view all Areas Act of 1998 is intended to address law. And rural folks across the country areas—rural or urban—through a one- some of the basic challenges facing will benefit. They will receive access to size-fits-all lens. I invite senators to rural health care. It will not address quality care in a way that meets their join the Minority Leader and I today, every health problem facing rural unique needs, and they will be assisted to ensure that our rural residents are America. It is, however, intended to in preserving a way of life that is in- given proper access to the health care take important steps to improve ac- creasingly threatened by the urban- they need. I urge my colleagues to sup- cess, increase choice, and improve the and sub-urbanization of America. port this important legislation. quality of care provided in more iso- Yet despite many positive develop- Mr. DASCHLE. Mr. President, today, lated parts of the country. The bill addresses obstacles in cur- ments, it has become clear to the Mi- with Senator BAUCUS, I introduce a bill nority Leader and I that much still intended to improve health care for rent law to the recruitment and train- needs to be done to facilitate the deliv- Americans living in rural commu- ing of providers in rural areas. One pro- ery of rural health services. In order to nities. The Promoting Health in Rural vision in the bill ensures that new meet those needs, the Promoting Areas Act of 1998 would help rural com- rules enacted as part of the Balanced Budget Act, regarding reimbursement Health in Rural Areas Act will do sev- munities attract and retain health care for medical residents, do not discrimi- eral things. First, it will change the Of- providers and health plans, improve nate against areas that train residents fice of Personnel Management’s under- the viability of sole community hos- in rural health clinics or other settings served designation criteria by changing pitals, and make optimal use of the ad- outside a hospital. the way the Office of Personnel Man- vances in medical technology available The bill also helps medically under- agement designates rural areas. Back today. served communities plan and be ready Delivering health care in rural Amer- in the 1960s, underserved areas were for the retirement of a physician. Cur- ica presents unique challenges—issues designated on a state-by-state basis. rent law effectively requires commu- related to geography, lack of transpor- Now, the Department of Health and nities to actually lose a physician be- tation, and reimbursement. With a rel- Human Services has the sophistication fore they qualify for recruitment as- to designate areas by county, or even atively small population spread over a sistance to replace that doctor. Be- sub-county. The bill we are introducing large area, and health care profes- cause recruitment is rarely less than a today would require OPM to designate sionals in short supply, patients often 6-month-long process, current policy underserved areas on a county-by- must travel long distances to see a places a community at risk of poten- county, not state-by-state, basis. physician or get to a hospital. While tially having no physician available to Second, PHIRA would direct Medi- these rural communities strive to im- them for long periods of time. This bill care payments to tribally-owned hos- prove access through telemedicine and would provide communities with 12 pitals. As you know, Mr. President, a recruitment efforts, they must also months of lead time to secure recruit- demonstration project conducted in struggle to maintain what they have, ment assistance when they know a re- Alaska, Mississippi and Oklahoma al- to ensure that providers who leave tirement or resignation is pending. lowed four tribal health care providers their area are replaced, and to keep The bill would enhance the economic operating Indian Health Services hos- their hospitals’ doors open. viability of Sole Community Hospitals, pitals to bill Medicare and Medicaid di- Rural communities have long had often the only source of inpatient serv- rectly. The demo project increased effi- great difficulty recruiting and retain- ices that are reasonably available in a ciency and, by allowing providers to di- ing health care providers to serve their geographic area, by updating the base rectly bill Medicare, provided badly- needs. Despite great increases in the cost reporting period. needed revenue. Our bill would expand number of providers trained in this The bill would ensure that health the demonstration project nationwide country over the past 30 years, rural plans for Medicare beneficiaries who and make it permanent. communities have not shared equitably want to develop in rural counties get Mr. President, our bill would also in the benefits of this expansion. Even the increased reimbursement promised allow recently-closed hospitals to be though 20 percent of Americans live in in the Balanced Budget Act, while designated as Criticala Access Hos- non-metropolitan counties, only 11 per- maintaining budget neutrality. This pitals. Under the 1997 law establishing cent of physicians practice in those provision is important to ensure that the Critical Access Hospital program, a counties, and that percentage has been beneficiaries in rural areas begin to closed or downsized hospital does not falling for the last 25 years. Currently, have some of the health plan choices qualify. Our bill would allow a hospital 30 towns in South Dakota are looking available to urban seniors. that had closed within the last five for family physicians. The bill also places significant focus years to qualify for conversion to CAH Telemedicine is a promising tool to on the promise of telemedicine for status. provide medical expertise to rural com- rural areas and attempts to overcome Our bill also addresses rural needs for munities. Through telemedicine tech- some of the barriers that have limited Medicare Graduate Medical Education nology, rural patients can have access its potential. The bill would expand re- (GME). As you know, BBA mandated a to specialists they would otherwise imbursement for telemedicine to all cap on the number of residents a teach- never encounter. The benefits of tele- rural areas, not just those designated ing hospital is allowed to train. Be- medicine extend to rural health profes- as health professional shortage areas. cause this provision threatens to exac- sionals as well, providing them with The bill also would allow reimburse- erbate an already serious shortage of technical expertise and interaction ment for services currently covered by S12172 CONGRESSIONAL RECORD — SENATE October 9, 1998 Medicare in face-to-face interactions of extended-day programs in public ele- then work as partners in establishing with health professionals. It also would mentary schools has almost doubled. and maintaining comprehensive track- make telemedicine more convenient, While school systems have begun to re- ing systems that ensures patient pri- by allowing any health care practi- spond to the demand for lengthening vacy. tioner to present a patient to a special- the school day, the need for more wide- The important information that ist on the other side of the video con- spread implementation still exists. Ex- state registries will be responsible for nection. tended-day programs are much more collecting will include: circumstances Mr. President, providing health care common in private schools than public of injury and demographics of patients; in rural communities raises unique schools, and only 18 percent of rural length of stay in hospital and treat- challenges that require targeted re- schools have reported an extended-day ments used; severity of the injury; out- sponses. Rural America deserves appro- program. comes of treatments and services. priate access to health care—access to This bill would authorize $50 million The benefits will be far-reaching be- providers, access to hospitals, access to over the next five years for the Depart- cause the collection of accurate data quality care, and greater choice. The ment of Education to administer a will help identify high-risk populations bill we introduce today takes impor- demonstration grant program. Local for future prevention programs and tant steps to achieve these ends. education agencies would then be able will help link patients to effective to conduct a variety of longer school treatments and social services. Perhaps By Mr. TORRICELLI: day and school year programs, such as most important, the information from S. 2604. A bill to provide demonstra- extending the school year to 210 days, these registries will help advocates and tion grants to local educational agen- studying the feasibility of extending legislators justify TBI/SCI as a greater cies to enable the agencies to extend the school day, and implementing funding priority. time for learning and the length of the strategies to maximize the quality of The National Institutes of Health school year; to the Committee on extended core learning time. (NIH) currently spends approximately Labor and Human Resources. The constant changes in technology, $60 million for SCI and $52 million for EXTENDED SCHOOL LEGISLATION and greater international competition, TBI. This research has contributed to ∑ Mr. TORRICELLI. Mr. President, have increased the pressure on Amer- tremendous progress, but we must im- today I introduce legislation authoriz- ican students to meet these challenges. prove our ability to identify innovative ing funding for extended school day Providing the funding for programs to research projects and increase our fi- and extended school year programs lengthen the school day and school nancial commitment to those efforts. across the country. The continuing gap year would leave American students Mr. President, this legislation will between American students and those better prepared to meet the challenges ultimately help achieve this goal by in other countries, combined with the facing them in the next century.∑ creating a foundation for a unified sci- growing needs of working parents and entific and public health approach for the growing popularity of extending By Mr. TORRICELLI (for himself preventing, treating, and someday find- both the school day and the school and Mr. LAUTENBERG): ing a cure for TBI/SCI. I am proud that year, have made this educational op- S. 2605. A bill to amend the Public my bill has already received the en- tion a valuable one for many school Health Service Act to provide for the dorsement of the Christopher Reeve districts. establishment of a national program of Foundation, the American Paralysis Students in the United States cur- traumatic brain injury and spinal cord Association, the Brain Injury Associa- rently attend school an average of only injury registries; to the Committee on tion, and the Eastern Paralyzed Veter- 180 days per year, compared to 220 days Labor and Human Resources. ans Association. in Japan, and 222 days in both Korea TRAUMATIC BRAIN AND SPINAL CORD INJURY Mr. President, I ask that the text of and Taiwan. American students also REGISTRY ACT the bill be printed in the RECORD. receive fewer hours of formal instruc- ∑ Mr. TORRICELLI. Mr. President, I There being no objection, the bill was tion per year compared to their coun- introduce legislation that represents ordered to be printed in the RECORD, as terparts in Taiwan, France, and Ger- an important step forward in our na- follows: many. We cannot expect our students tional strategy for addressing trau- S. 2605 to remain competitive with those in matic brain injury (TBI) and spinal Be it enacted by the Senate and House of Rep- other industrialized countries if they cord injury (SCI). Tragically, these in- resentatives of the United States of America in must learn the same amount of infor- juries have enormous personal and eco- Congress assembled, mation in less time. nomic costs on victims, their families, SECTION 1. SHORT TITLE. Our school calendar is based on a no and our nation as a whole. This Act may be cited as the ‘‘Traumatic longer relevant agricultural cycle that Today, an estimated 4.5 million Brain Injury and Spinal Cord Injury Registry existed when most American families Americans live with a disability as a Act’’. lived in rural areas and depended on result of a TBI. Each year, more than SEC. 2. FINDINGS. their farms for survival. The long sum- two million people suffer a TBI, 10,000 Congress finds that— mer vacation allowed children to help of whom live in my State of New Jer- (1) traumatic brain and spinal cord injury their parents work in the fields. Today, sey. More than 200,000 Americans live are severe and disabling, have enormous per- sonal and societal costs; summer is a time for vacations, sum- with a SCI, with 10,000 new injuries re- (2) 51,000 people die each year from trau- mer camps, and part-time jobs. Young ported each year. Collectively, TBI and matic brain injury and 4,500,000 people live people can certainly learn a great deal SCI costs the U.S. more than $35 billion with lifelong and severe disability as a result at summer camp, and a job gives them per year. of a traumatic brain injury; maturity and confidence. However, These statistics, however, reveal only (3) approximately 10,000 people sustain spi- more time in school would provide the a fraction of the problem. In the U.S., nal cord injuries each year, and 200,000 live same opportunities while helping stu- we have no standardized system of col- with life-long and severe disability; and dents remain competitive with those in lecting information on these injuries. (4) a nationwide system of registries will help better define— other countries. As we debate the need Instead, we rely on the work of a few (A) who sustains such injuries and the im- to bring in skilled workers from other limited State programs and private or- pact of such injuries; countries, the need to improve our sys- ganizations who often lack the re- (B) the range of impairments and disability tem of education has become increas- sources to collect complete, timely, associated with such injuries; and ingly important. and accurate data. (C) better mechanisms to refer persons In 1994, the Commission on Time and Mr. President, the legislation I intro- with traumatic brain injuries or spinal cord Learning recommended keeping duce today, the TBI/SCI Registry Act, injuries to available services. schools open longer in order to meet will allow the Centers for Disease Con- SEC. 3. TRAUMATIC BRAIN INJURY AND SPINAL CORD INJURY REGISTRIES PRO- the needs of both children and commu- trol and Prevention (CDC) to make GRAM. nities, and the growing popularity of grants available to states to establish Title III of the Public Health Service Act extended-day programs is significant. their own TBI/SCI registries. The CDC (42 U.S.C. 241 et seq.) is amended by adding Between 1987 and 1993, the availability and state departments of health will at the end the following: October 9, 1998 CONGRESSIONAL RECORD — SENATE S12173

‘‘PART O—NATIONAL PROGRAM FOR TRAU- statewide traumatic brain injury and spinal porting and data processing system. In pro- MATIC BRAIN INJURY AND SPINAL CORD IN- cord injury registry by physicians, surgeons, viding such assistance, the Secretary shall JURY REGISTRIES and all other health care practitioners diag- encourage States to utilize standardized pro- ‘‘SEC. 399N. NATIONAL PROGRAM FOR TRAU- nosing or providing treatment for traumatic cedures where appropriate. MATIC BRAIN INJURY AND SPINAL brain injury and spinal cord injury patients, ‘‘SEC. 399P. AUTHORIZATION OF APPROPRIA- CORD INJURY REGISTRIES. except for cases directly referred to or pre- TIONS. ‘‘(a) IN GENERAL.—The Secretary, acting viously admitted to a hospital or other facil- ‘‘For the purpose of carrying out this part, through the Director of the Centers for Dis- ity providing diagnostic or acute care or re- there are authorized to be appropriated ease Control and Prevention, may make habilitative services to patients in that $10,000,000 for fiscal year 1999, and such sums grants to States or their designees to oper- State and reported by those facilities; as may be necessary for each of the fiscal ate the State’s traumatic brain injury and ‘‘(iii) a means for the statewide traumatic years 2000 through 2004. spinal cord injury registry, and to academic brain injury and spinal cord injury registry ‘‘SEC. 399Q. DEFINITIONS. institutions to conduct applied research that to access all records of physicians and sur- ‘‘In this part: will support the development of such reg- geons, hospitals, outpatient clinics, nursing ‘‘(1) SPINAL CORD INJURY.—The term ‘spinal istries, to collect data concerning— homes, and all other facilities, individuals, cord injury’ means an acquired injury to the ‘‘(1) demographic information about each or agencies providing such services to pa- spinal cord. Such term does not include spi- traumatic brain injury or spinal cord injury; tients which would identify cases of trau- ‘‘(2) information about the circumstances nal cord dysfunction caused by congenital or matic brain injury or spinal cord injury or degenerative disorders, vascular disease, or surrounding the injury event associated with would establish characteristics of the injury, tumors, or spinal column fractures without a each traumatic brain injury and spinal cord treatment of the injury, or medical status of spinal cord injury. injury; any identified patient; and ‘‘(2) TRAUMATIC BRAIN INJURY.—The term ‘‘(3) administrative information about the ‘‘(iv) for the reporting of traumatic brain ‘traumatic brain injury’ means an acquired source of the collected information, dates of injury and spinal cord injury case data to injury to the brain, including brain injuries hospitalization and treatment, and the date the statewide traumatic brain injury and caused by anoxia due to near-drowning. Such of injury; spinal cord injury registry in such a format, term does not include brain dysfunction ‘‘(4) information characterizing the clini- with such data elements, and in accordance caused by congenital or degenerative dis- cal aspects of the traumatic brain injury or with such standards of quality timeliness orders, cerebral vascular disease, tumors, or spinal cord injury, including the severity of and completeness, as may be established by the injury, the types of treatments received, the Secretary. birth trauma. The Secretary may revise the definition of such term as the Secretary de- and the types of services utilized; ‘‘(3) APPLIED RESEARCH.—Applicants for ap- ‘‘(5) information on the outcomes associ- plied research shall conduct applied research termines appropriate.’’.∑ ated with traumatic brain injuries and spinal as determined by the Secretary, acting cord injuries, such as impairments, func- through the Director of the Centers for Dis- By Mr. KYL (by request): tional limitations, and disability; ease Control and Prevention, to be necessary S. 2608. A bill to approve a mutual ‘‘(6) information on the outcomes associ- to support the development of registry ac- settlement of the Water Rights of the ated with traumatic brain injuries and spinal tivities as defined in this section. Gila River Indian Community and the cord injuries which do not result in hos- ‘‘(4) ASSURANCES FOR CONFIDENTIALITY OF United States, on behalf of the Commu- pitalization; and REGISTRY DATA.—Each applicant shall pro- nity and the Allottees, and Phelps ‘‘(7) other elements determined appro- vide to the satisfaction of the Secretary Dodge Corporation, and for other pur- priate by the Secretary. for— ‘‘(b) ELIGIBILITY FOR GRANTS.— ‘‘(A) a means by which confidential case poses; to the Committee on Indian Af- ‘‘(1) IN GENERAL.—No grant shall be made data may in accordance with State law be fairs. by the Secretary under subsection (a) unless disclosed to traumatic brain injury and spi- THE GILA RIVER INDIAN COMMUNITY—PHELPS an application has been submitted to, and nal cord injury researchers for the purposes DODGE CORPORATION WATER RIGHTS SETTLE- approved by, the Secretary. Such application of the prevention, control and research of MENT ACT OF 1998 shall be in such form, submitted in such a brain injuries and spinal cord injuries; Mr. KYL: Mr. President, today I in- manner, and be accompanied by such infor- ‘‘(B) the authorization or the conduct, by troduce, by request, a bill to authorize mation, as the Secretary may specify. No the statewide traumatic brain injury and such application may be approved unless it an Indian water rights settlement spinal cord injury registry or other persons agreement that was entered into on contains assurances that the applicant will and organizations, of studies utilizing state- use the funds provided only for the purposes wide traumatic brain injury and spinal cord May 4, 1998 by the Gila River Indian specified in the approved application and in injury registry data, including studies of the Community of Arizona and the Phelps accordance with the requirements of sub- sources and causes of traumatic brain injury Dodge Corporation. section (a), that the application will estab- and spinal cord injury, evaluations of the As other Western members well lish such fiscal control and fund accounting cost, quality, efficacy, and appropriateness know, any Indian water rights settle- procedures as may be necessary to assure of diagnostic, rehabilitative, and preventa- ment is a difficult, lengthy, and often proper disbursement and accounting of Fed- tive services and programs relating to trau- eral funds paid to the applicant under sub- frustrating process. Reaching a settle- matic brain injury and spinal cord injury, ment requires years of hard work and section (a) of this section, and that the appli- and any other clinical, epidemiological, or cant will comply with review requirements other traumatic brain injury and spinal cord cooperation by all parties involved. under sections 491 and 492. injury research; But the work is worthwhile. By reach- ‘‘(2) ESTABLISHMENT OF REGISTRIES.—Each ‘‘(C) the protection of individuals comply- ing settlement, parties avoid decades applicant, prior to receiving Federal funds ing with the law, including provisions speci- of costly litigation and the uncertainty under subsection (a), shall provide for the es- fying that no person shall be held liable in regarding water rights that inevitable tablishment of a registry that will— any civil action with respect to a traumatic comes when the determination of ‘‘(A) comply with appropriate standards of brain injury and spinal cord injury case re- completeness, timeliness, and quality of data rights and liabilities is delayed. I have port provided to the statewide traumatic been, both in my prior career, and in collection; brain injury and spinal cord injury registry, ‘‘(B) provide for periodic reports of trau- or with respect to access to traumatic brain this one, an ardent supporter of the matic brain injury and spinal cord injury injury and spinal cord injury case informa- settlement process and I hope that by registry data; and tion provided to the statewide traumatic introducing this legislation, I can give ‘‘(C) provide for the authorization under brain injury and spinal cord injury registry; the negotiating parties at home in Ari- State law of the statewide traumatic brain and zona some encouragement. There is injury and spinal cord injury registry, in- ‘‘(D) the protection of individual privacy light at the end of the tunnel. cluding promulgation of regulations provid- and confidentiality consistent with Federal ing— This particular settlement agree- and State laws. ment is part of a much larger, com- ‘‘(i) a means to assure timely and complete ‘‘SEC. 399O. TECHNICAL ASSISTANCE IN OPER- reporting of brain injuries and spinal cord in- ATIONS OF STATEWIDE REGISTRIES. prehensive settlement process that will juries (as described in subsection (a)) to the ‘‘The Secretary, acting through the Direc- eventually settle all claims of the Gila statewide traumatic brain injury and spinal tor of the Centers for Disease Control and River Community. I have been involved cord injury registry by hospitals or other fa- Prevention, may, directly or through grants in several aspects of the Gila negotia- cilities providing diagnostic or acute care or and contracts, or both, provide technical as- tions and I am comforted that the ne- rehabilitative social services to patients sistance to the States in the establishment gotiations are progressing far enough with respect to traumatic brain injury and and operation of statewide registries, includ- spinal cord injury; ing assistance in the development of model that the parties are beginning to put ‘‘(ii) a means to assure the complete re- legislation for statewide traumatic brain in- their agreements down on paper and porting of brain injuries and spinal cord inju- jury and spinal cord injury registries and as- actually sign their names to those doc- ries (as defined in subsection (a)) to the sistance in establishing a computerized re- uments. In reference to his particular S12174 CONGRESSIONAL RECORD — SENATE October 9, 1998 agreement, I want to note that my in- that must change. This is a cir- PhRMA welcomes the Medical Information troduction of legislation does not en- cumstance that the Medical Informa- Protection Act of 1998 as a good prescription dorse the May 4, 1994 agreement. Rath- tion Protection Act will correct. to help patients, commends you leadership er, my intention is to endorse and en- At this time, the only protection of on this issue, and looks forward to working together. courage the process. The settlement an individual’s personal medical infor- Sincerely, agreement is complex and lengthy and mation is under state law. These state ALAN F. HOLMER, contains some elements that all parties laws, where they exist, are incomplete, President. in the larger Gila negotiation proceeds, inconsistent and inadequate. At last including the federal government, may check, there were over 34 states with AMERICAN HOSPITAL ASSOCIATION, not agree with. My purpose in intro- each state having its own unique set of Washington, DC, October 2, 1998. ducing a bill this year is to put a docu- laws to protect medical records. In AHA APPLAUDS INTRODUCTION OF BILL THAT ment on the table that will provide an many states there is no penalty for re- PROTECTS PRIVACY OF PATIENT MEDICAL IN- opportunity for all interested parties leasing and disseminating the most pri- FORMATION to comment. In addition, a bill intro- vate information about our health and The American Hospital Association (AHA) duced this year will help move the the health care that we have received. applauds the introduction of a new bill which process forward next year. Many of our local health care systems for the first time would establish a federal I encourage the parties to continue continue to expand across state lines confidentiality law that protects patients’ their discussions. Indian water settle- and are forced to deal with multiple private health care information. ments are among the most important and conflicting state laws. In addition, As guardians of patient medical informa- bills that Congress passes—we in the advances in technology allow informa- tion, hospitals and health systems have long federal government have a trust re- tion to be moved instantaneously sought strong federal legislation that would establish a uniform national standard to pro- sponsibility to provide water for tribes across the country or around the world. tect patient privacy. The bill, the Medical and in passing legislation that has been The majority of providers, insurers, Information Protection Act of 1998, appro- carefully crafted to consider the inter- health care professionals, researchers priately balances the need to protect the pri- ests of all parties, we are able to take and patients agree that there is an in- vacy of confidential patient information steps toward fulfilling that trust re- creasingly urgent need for uniformity with the need for that information to flow sponsibility. in our laws that govern access to and freely among health care providers. disclosure of personal health informa- ‘‘Comprehensive confidentiality legislation By Mr. BENNETT (for himself tion. is critical to thousands of patients who come and Mr. MACK): Mr. President, I remind my col- through the doors of our nation’s hospitals S. 2609. A bill to ensure confidential- leagues that if we do not act by August each day,’’ said AHA President Dick David- son. ‘‘It puts in place the safeguards needed ity with respect to medical records and of 1999, the Health Insurance Port- health care-related information, and to protect the most sensitive and personal ability and Accountability Act of 1996 information. We commend Senator Bennett for other purposes to the Committee on (HIPAA) requires the Secretary of for introducing the bill and for his leadership Labor and Human Resources. Health and Human Services (HHS) to and guidance on an issue that is relevant to THE MEDICAL INFORMATION PROTECTION ACT OF put into place regulations governing everyone.’’ 1998 health information in an electronic The Medical Information Protection Act Mr. BENNETT. Mr. President, today format. Thus, we could have a cir- bill: I introduce the Medical Information cumstance where paper based records Allows patients in all states access to their Protection Act of 1998. I know it is late and electronic based records are treat- records, a right not currently given in some in the 105th Congress and that there ed differently. I urge my colleagues to areas. will not be time to give this legislation work with me to pass legislation that Establishes full federal preemption of all state confidentiality laws—with the excep- full consideration. However, I feel would give HHS clear direction and strongly about this issue and did not tion of some key public health laws—and provide each American with greater sets a uniform standard over weaker or want this session to end without the protection of their health information. stronger state laws so that patient informa- introduction of this legislation. I feel Mr. President, I ask unanimous con- tion is equally protected even as providers that great progress has been made and sent that the letters of support be are linked across delivery sites and state that the legislation that I am introduc- printed in the RECORD. boundaries. ing addresses many of the concerns There being no objection, the mate- Recognizes the need for confidential medi- that have been expressed. I will include rial was ordered to be printed in the cal information to move appropriately and letters and statements of support for RECORD, as follows: timely within groups and systems of provid- ers without impeding the quality of care. the RECORD from the following groups: PHARMACEUTICAL RESEARCH AND Broadly applies not only to providers, pay- American Medical Informatics Associa- MANUFACTURERS OF AMERICA, ers, and employers, but also to law enforce- tion; Joint Healthcare Information Washington, DC, October 7, 1998. ment agencies. The Bennett bill moves in the Hon. ROBERT F. BENNETT, Technology Alliance; Intermountain right direction on this issue by setting a na- U.S. Senate, Health Care; Premier Institute; Asso- tional standard for how law enforcers can Washington, DC. ciation of American Medical Colleges; gain access to confidential patient records. American Health Information Manage- DEAR SENATOR BENNETT: The Pharma- ceutical Research and Manufacturers of Contains language that, for the first time, ment Association; Healthcare Leader- America (PhRMA) applauds your introduc- would put in place federal sanctions against ship Council; Federation of American tion of the Medical Information Protection those who inappropriately disclose medical Health Systems; American Hospital Act of 1998 and your leadership on this issue. information. Association and Pharmaceutical Re- This legislation would help patients in im- ‘‘This is an issue that affects each of us search and Manufacturers of America. portant ways. First, it would protect the personally,’’ Davidson said. ‘‘America’s hos- It is my intention to reintroduce this confidentiality of their medical information. pitals and health systems look forward to Second, it would help patients with unmet working with Senator Bennett and Congress legislation early in the 106th Congress to help enact legislation to protect the pri- and seek for its passage. medical needs and their families by facilitat- ing valuable biomedical research leading to vacy of each and every individual they Most individuals wrongly assume the discovery and development of innovative serve.’’ that their personal health information medicines. Third, it would protect and pro- The AHA is a not-for-profit organization of is protected under federal law. It is mote health care quality by encouraging the health care provider organizations that are not. Federal law protects the confiden- appropriate use of medical information for committed to the health improvement of tiality of our video rental records, and epidemiological research, pharmaco-econom- their communities. The AHA is the national federal law ensures us access to infor- ics and outcomes analysis. advocate for its members, which includes mation about us such as our credit his- Your bill provides a sound regulatory 5,000 hospitals, health care systems, net- tory. However, there is no current fed- framework to help foster biomedical re- works and other providers of care. Founded search and the delivery of high-quality care in 1898, AHA provides education for health eral law which will protect the con- in an increasingly integrated health care care leaders and is a source of information fidentiality of our medical information system, while at the same time preserving on health care issues and trends. For more and ensure us access to our own medi- the confidentiality of sensitive medical in- information, visit the AHA Web site at cal information. This is a circumstance formation identifying patients. www.aha.org. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12175

AMERICAN MEDICAL ers and other health professionals, medical paid-off. The bill strikes a hard-to-achieve INFORMATICS ASSOCIATION, records professionals and information sys- balance between protecting the confidential- Bethesda, MD, October 5, 1998. tems managers and executives, healthcare ity of a patient’s health information while Hon. ROBERT F. BENNETT, information technology developers and ven- not impeding the provision of patient care or U.S. Senate, dors—believe that computer and communica- the operations of the nation’s health care de- Washington, DC. tions technologies hold enormous potential livery system. One of the most important DEAR SENATOR BENNETT: The American to improve healthcare delivery, quality and facets of the Medical Information Protection Medical Informatics Association (AMIA) is a access, while also reducing costs. Yet, these Act is that it contains strong criminal and national organization dedicated to the devel- benefits cannot be realized unless individ- civil sanctions to provide remedies against opment and application of medical uals, and society, are confident that safe- wrongful disclosure of health information. In informatics in support of patient care, teach- guards are in place to protect the confiden- addition, the legislation will eliminate the ing, research, and health care administra- tiality of personal health information. Sim- current patchwork-quilt of various state tion. On behalf of AMIA’s more than 3,800 ply, every person must feel that his or her statutes and regulations, thus providing all physicians, researchers, librarians, informa- health data is protected against unnecessary Americans the confidentiality protections tion systems managers, and other profes- disclosure. At the same time, there can be no that they truly deserve. sionals with expertise in information tech- doubt of the need for timely and efficient Senator, AHIMA is pleased to continue nologies, I write to commend you on the in- transfer of health data across the health in- working with you and your office on this im- troduction of the ‘‘Medical Information Pro- formation infrastructure. Thus, national portant issue. Your dedication has kept us tection Act of 1998.’’ standard for the collection, use and dissemi- encouraged that Congress will pass legisla- AMIA recognizes that the enormous poten- nation of healthcare information must tion to establish a uniform national policy tial of computer and communications tech- thoughtfully and carefully balance the rights for the use and disclosure of individually nology to improve health care delivery, qual- of individuals, the capacity of the healthcare identifiable health information. As you know ity and access cannot be realized unless indi- system to provide needed services and the in- from our past association, AHIMA has been a viduals, and the society-at-large, are reason- terests of our nation as a whole. The JHITA leader in the effort to pass comprehensive ably certain that safeguards are in place to believes that the ‘‘Medical Information Pro- confidentiality legislation. Throughout the protect the confidentiality of personal tection Act’’ does an admirable job of accom- legislative process, we have achieved a rep- health information in medical records. Sim- plishing those complex goals. utation for working on a bipartisan basis with various elected officials and health pol- ply, every person must feel that his or her In order for national fair information icy makers. In this context, we continue to health data is protected against unnecessary standards to offer consistent and genuine support your efforts and offer our assistance disclosure. At the same time, there can be no guidance and protection to healthcare pro- and expertise to help move this important doubt that the delivery of highest quality fessionals and consumers, and effect signifi- issue forward. cant Federal penalties and sanctions for the health care and advances in medical research Again, thank you for your dedication to cannot proceed without the timely and effi- misuse of health data, the JHITA believes this important issue. If AHIMA can provide cient transfer of health data across the that federal law must preempt the current any assistance, please do not hesitate to con- health information infrastructure. Thus, in patchwork of federal, state and local laws tact me in the AHIMA Washington, DC Of- developing national standards for health in- and regulations governing health informa- fice at (202) 218–3535. formation, Congress—as charged by the tion. We applaud your commitment in the Sincerely, Health Insurance Portability and Account- ‘‘Medical Information Protection Act’’ to a KATHLEEN A. FRAWLEY, JD, ability Act of 1996—must thoughtfully and uniform and high level of confidentiality for Vice President, Legislative carefully balance the rights of individuals, all health information, regardless of the in- and Public Policy Services. the capacity of the health care system to dividual’s diagnosis or state of residence.’’ The Joint Healthcare Information Tech- provide needed health care, and the interests HEALTHCARE LEADERSHIP COUNCIL, of our nation as a whole. We believe that the nology Alliance thanks you for introducing Washington, DC, October 7, 1998. the ‘‘Medical Information Protection Act. ‘‘Medical Information Protection Act’’ does HEALTHCARE LEADERSHIP COUNCIL COMMENDS We look forward to working with you to win an admirable job of accomplishing those SENATOR BENNETT FOR MEDICAL INFORMA- passage of the bill, an essential first step in complex goals. TION ACT OF 1998 Our association is especially concerned the development of a national health infor- that health information standards allow ap- mation strategy that will advance the health WASHINGTON, DC.—The Healthcare Lead- propriate access to health data for research, of our nation and protect the rights of all. ership Council (HLC) today commended Sen. while adequately protecting patient con- Sincerely, Robert Bennett (R–UT) for introducing the ‘‘Medical Information Protection Act of fidentiality. Dr. Don Detmer, Co-Chair of LINDA KLOSS, 1998.’’ AMIA’s Public Policy Committee, was Executive Vice Presi- ‘‘This bill protects the confidentiality of dent & CEO, pleased to consult with your staff on a num- patient health information and establishes AHIMA. ber of occasions to address that issue, and to new federal penalties for its misuse,’’ said CARLA SMITH, devise enforcement mechanisms to effec- HLC President Pamela G. Bailey. ‘‘At the Executive Director, tively sanction the misuse of protected same time, the Bennett bill allows for the CHIM. health information. appropriate use of patient health informa- The American Medical Informatics Asso- JOHN PAGE, tion to promote a better health care delivery ciation thanks you for introducing the Executive Director, system and protect vital health care re- ‘‘Medical Information Protection Act of HIMSS. search.’’ 1998.’’ We look forward to passage of the bill, DENNIS REYNOLDS, Information is the cornerstone of a high an essential first step in the development of Executive Director, quality, innovative health care system,’’ a national health information strategy to AMIA. Bailey said. ‘‘In fact, it can be an issue of life advance the health of our nation. RICHARD CORRELL, or death. Without access to patient informa- Sincerely, President, CHIME. tion, physicians, health plans, hospitals and PAUL D. CLAYTON, PH.D., researchers would be unable to provide the President. AMERICAN HEALTH INFORMATION high standard of care that Americans de- MANAGEMENT ASSOCIATION, serve.’’ JOINT HEALTHCARE INFORMATION Washington, DC, October 6, 1998. As the leading innovators in the health TECHNOLOGY ALLIANCE, Senator ROBERT F. BENNETT, care industry, HLC members support federal October 5, 1998. Dirksen Building, rules to ensure patient confidentiality rather Hon. ROBERT F. BENNETT, Washington, DC. than the increasingly confusing patchwork U.S. Senate, DEAR SENATOR BENNETT: On behalf of the of state laws. ‘‘The Bennett bill would re- Washington, DC. more than 37,000 members of the American place this patchwork of state laws with a DEAR SENATOR BENNETT: Representing a Health Information Management Associa- strong federal law that protects patients and broad array of medical, information, and tion (AHIMA), thank you for once again provides a workable, uniform framework technology professionals involved in the de- being in the forefront of the effort to pass that facilitates the delivery of the highest velopment, use, management, and security of legislation to protect the confidentiality of quality health care.’’ healthcare information systems, the organi- individually identifiable health information. ‘‘In the debate over patient confidential- zations of the Joint Healthcare Information AHIMA is pleased to offer its strong support ity, we sometimes lose sight of what most Technology Alliance (JHITA) strongly sup- for the Medical Information Protection Act of patients want most—to get healthy. Fun- port enactment of federal legislation to pro- 1998. damental to the fantastic advances made in tect the confidentiality of medical records. During the past several years, we have treatment of so many diseases is our ability We write today to commend you on the in- worked with you and your Legislative Direc- to use patient information throughout our troduction of the ‘‘Medical Information Pro- tor Paul A. ‘‘Chip’’ Yost and developed sev- increasingly complex health care system,’’ tection Act of 1998.’’ eral legislative proposals that have resulted said Bailey. The more than 50,000 members of our con- in the current bill. The hard work put into The HLC is committed to working toward stituent organizatons—physicians, research- the drafting of this landmark legislation has final enactment of comprehensive, uniform S12176 CONGRESSIONAL RECORD — SENATE October 9, 1998 confidentiality legislation by the August of these efforts are essential to optimizing lish unnecessary barriers to research. It al- 1999 deadline imposed under the Health In- patient health. lows for the use of protected health informa- surance Portability and Accountability Act. In addition, we are particularly pleased tion in research activities while holding The HLC is a coalition of the chief execu- that you have called for federal preemption medical researchers to confidentiality re- tive of America’s leading health care institu- of state law. Health systems like IHC, which quirements that protect the identity of the tions. operate across state lines, would have enor- individuals in a medical study. Under this mous difficulty complying with different fed- bill, researchers will continue to have access FEDERATION OF eral and state standards. to databases of patient information that are AMERICAN HEALTH SYSTEMS, As you know, IHC is a large integrated crucial in discovering trends and anomalies Washington, DC, October 7, 1998. health care delivery system based in Salt that lead to cures for diseases over time. Lake City and operating in the states of FAHS PRAISES INTRODUCTION OF MEDICAL Utah, Idaho, and Wyoming. The IHC system ‘‘Today marks the introduction of an im- INFORMATION PROTECTION ACT includes 23 hospitals, 33 clinics, 16 home portant piece of legislation for the future of APPLAUDS UTAH GOP SENATOR BENNETT FOR health agencies, and 400 employed physi- our health care system,’’ said Scott. ‘‘We HIS LEADERSHIP AND HEALTH COMMUNITY cians. Additionally, our system operates a look forward to working with Senator Ben- OUTREACH EFFORTS large Health Plans Division with enrollment nett to enact the right patient confidential- The Federation today praised Sen. Robert of 350,000 directly insured plus 430,000 who ity standards into law.’’ Bennett (R-UT) for introducing the Medical use our networks through other insurers. Premier is a strategic alliance of leading Information Protection Act of 1998 and ap- IHC’s 20,000 employees are keenly aware of hospitals and healthcare systems across the plauded his leadership in drawing upon the their responsibility to safeguard personal country, representing nearly 215 owners and input of a broad range of health care organi- health information and IHC has invested the 800 hospitals and healthcare facilities zations in crafting the legislation. considerable resources in order to develop ef- they operate, and approximately 900 other ‘‘Although it’s a bit like walking a tight- fective protections and procedures. affiliated hospitals. Premier provides hos- rope, Sen. Bennett’s commitment to working IHC pledges to work with you toward en- pitals and healthcare systems across the na- with varying interests on this important actment of this important legislation well in tion with products and services designed to issue should be commended,’’ said Laura advance of the August 1999 deadline estab- help them reduce costs, develop integrated Thevenot, Federation Executive Vice Presi- lished by the Health Insurance Portability delivery systems, manage technology, and dent and COO. ‘‘He has approached the task and Accountability Act of 1996. Please do not share knowledge. The organization main- before Congress of passing legislation relat- hesitate to contact me or IHC’s Washington tains offices in Charlotte, NC; San Diego, ing to medical records confidentiality by Au- Counsel Michael A. Romansky (202/756–8069) CA; Chicago, IL; and Washington, DC. gust of 1999 with openness and a real deter- and Karen S. Sealander (202/756–8024) of mination to reach a consensus that protects McDermott, Will & Emery with questions or ASSOCIATION OF AMERICAN patients and still allows hospitals and health for further information. MEDICAL COLLEGES, systems to do their jobs. This legislation es- Sincerely, Washington, DC, October 2, 1998. tablishes a good framework for an issue that JOHN T. NIELSEN, ESQ., Hon. ROBERT BENNETT, will be debated at length when the 106th Con- Senior Counsel and U.S. Senate, Dirksen Senate Offices Building, gress convenes next January.’’ Director of Government Relations. Washington, DC. Thevenot highlighted a couple of key pro- visions in the legislation: uniform national PREMIER INSTITUTE, DEAR SENATOR BENNETT: I write to convey confidentiality standards, which would avoid Washington, DC, October 5, 1998. the Association of American Medical Col- a cumbersome patchwork of state law and THE PREMIER INSTITUTE APPLAUDS INTRODUC- leges’ (AAMC) support for your bill entitled regulation, and enhanced security safeguards TION OF THE MEDICAL INFORMATION PROTEC- the ‘‘Medical Information Protection Act.’’ to ensure appropriate access to patient data. TION ACT OF 1998 The AAMC represents the nation’s 125 ac- ‘‘As the debate moves forward, one of the Washington, DC.—Jim Scott, president of credited medical schools, approximately 400 Federation’s primary concerns is that Con- the Premier Institute, commended Senator major teaching hospitals, and 86 academic gress not tie the hands of hospitals and Robert F. Bennett (R-UT) for his leadership and professional societies representing over health systems by putting obstacles in the in introducing the ‘‘Medical Information 90,000 faculty members. way of their commitment to provide the nec- Protection Act of 1998.’’ ‘‘This legislation We believe the Medical Information Pro- essary treatment and care patients need,’’ protects patients from being subjected to un- tection Act is a thoughtful effort to address Thevenot added. ‘‘Our commitment has al- authorized or inappropriate use of their med- the very important and complex issues sur- ways been and will remain to serve the pa- ical records and, at the same time, ensures rounding the protection of patient health in- tient. Proper uses of information for treat- that hospitals and health plans have access formation. This legislation is a significant ment, payment, quality improvement, and to information necessary to do their jobs in step in the right direction as Congress at- where appropriate, research, are a critical serving patients,’’ said Scott. ‘‘Senator Ben- tempts to achieve the delicate balance be- component of that commitment.’’ nett creates workable standards that protect tween the competing goods of individual pri- patient’s confidentiality and assures that vacy and the considerable public benefit that INTERMOUNTAIN HEALTH CARE, medical information is available for the results from controlled access to health in- Salt Lake City, UT, October 2, 1998. treatment, quality assurance, and research formation that is crucial to our country’s Hon. ROBERT F. BENNETT, needs that are so important to our health continuing ability to deliver high-quality Dirksen Senate Office Building, care system and the patients it serves.’’ health care and cutting-edge research. Washington, DC. The Bennett bill recognizes the many le- Over the past year, the AAMC has advo- DEAR SENATOR BENNETT: Intermountain gitimate uses for medical information and cated for medical information privacy legis- Health Care (‘‘IHC’’) applauds the introduc- provides the right regulatory framework for lation that employees appropriate confiden- tion of the ‘‘Medical Information Protection safeguarding the use and disclosure of pro- tiality safeguards while ensuring access to Act of 1998.’’ IHC is deeply appreciative of tected health information by the health care patient records and other archival materials your leadership in developing legislation to industry. The bill permits its use for patient required to pursue biomedical, behavioral, establish uniform federal confidentiality treatment, quality enhancing activities, pay- and health services research. The AAMC is standards. IHC also wishes to express its ment for health care activities, and research pleased that the Medical Information Pro- deep appreciation of the hard work and dedi- for the development of life saving pharma- tection Act incorporates many of the major cation of Chip Yost and Mike Nielsen of your ceuticals and new medical procedures. By principles articulated by the Association. staff. providing for a singular authorization proc- The bill you have crafted reflects a keen ess when a patient accesses the health care In particular, the AAMC supports the leg- understanding of the need to strike an appro- system, the bill avoids costly administrative islation’s clear and workable definitions for priate balance between safeguarding patient burdens for health care providers and bar- ‘‘protected health information’’ and ‘‘non- identifiable health information and facilitat- riers to the efficient use of information with- identifiable health information,’’ the cre- ing the coordination and delivery of high in integrated care networks, hospital sys- ation of appropriate safeguards and stiff pen- quality, network-based health care, such as tems, physician-hospital organizations, or alties to protect patient confidentiality, and that provided at IHC. Indeed, striking the managed care organizations. the proposed preemption of state privacy right balance is critical to the delivery of The bill also adopts uniform national con- laws. While recognizing that preemption is a the best possible patient care. fidentiality standards. Given the increas- politically highly-charged issue, the Associa- As you well know, IHC has developed state- ingly complex and interstate nature of the tion believes that, in an era of rapidly of-the-art electronic medical records and way health information flows in today’s de- emerging information technology and major common databases which we used exten- livery system, strong preemption of state consolidation of the health care industry, sively not just for treatment and payment confidentiality laws protects consumers and protecting the ability of medical informa- but for such fundamental quality enhancing minimizes the costs associated with the in- tion to flow unimpeded across state lines is activities as outcomes review, disease man- creasing patchwork of conflicting state laws. essential to the functioning of a high-qual- agement, health promotion and quality as- Finally, the bill clearly recognizes the ity, medically-effective and efficient care de- surance. You bill rightly recognizes that all value of medical research and does not estab- livery system. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12177 In addition, the AAMC applauds the bill’s increased their wholesale electricity including smog, fine particles acid affirmation of support for the role of institu- sales between 1995 and 1996. This meant rain, excessive nutrient loads to impor- tional review boards in the disclosure of pro- substantially increased generation at tant water bodies such as Long Island tected health information for research pur- several of the companies’ highest pol- Sound, toxic impacts on health and poses. We believe that the security of medi- cal information created, maintained and luting coal-fired power plants, large in- ecosystems from mercury emissions, used in the course of medical research would creases in the flow of power from the climate change, and nitrogen satura- be significantly strengthened by the provi- Midwest towards the east, and substan- tion of sensitive forest ecosystems. sions of this bill. tial increases in emissions from power This is not to say that older plants We thank you for your leadership on this plants. do not have any pollution controls. issue and look forward to continuing to work A 1995 Harvard University Study con- Some controls are required on these with you as this bill is considered by the cluded that electricity restructuring plants under older standards, State Im- Senate. could adversely affect environmental plementation Plans, and the require- Sincerely, ments under the acid rain provisions of JORDAN J. COHEN, M.D. quality for a number of reasons, includ- President. ing increasing utilization of older, the Clean Air Act Amendments of 1990. higher emitting coal facilities. But in many cases, the controls fall far By Mr. LIEBERMAN (for himself, A 1996 Resources for the Future short of levels that would be achieved Mr. DODD, Mr. KERRY, Mr. LAU- Study examined the regional air pollu- under the new source performance TENBERG, and Mr. TORRICELLI): tion effects that could result from a standards. Some studies show that the S. 2610. A bill to amend the Clean Air more competitive market. The study older plants emit pollutants at rates to repeal the grandfather status for concluded that in the year 2000, the Na- that are often four to ten times higher electric utility units; to the Commit- tion’s NOX emissions would increase by than the cleanest operating plants, but tee on Environment and Public Works. about 350,000 tons and the carbon diox- there is significantly less disparity in THE CLEAN ELECTRIC POWER ACT OF 1998 ide emissions would increase by about areas where states have imposed tight- Mr. LIEBERMAN. Mr. President, I 114 million tons. er controls under the State Implemen- am pleased to introduce today the Let me give a little background tation Plans, state laws or regional Clean Electric Power Act of 1998, and about how we got to where we are. programs such as California and parts to be joined by my colleagues Senators A series of requirements in the 1970 of the Northeast. In addition, EPA’s DODD, KERRY, LAUTENBERG, and and 1977 Clean Air Act and amend- new regulation requiring 22 states to TORRICELLI. ments thereto required that utility reduce NOx emissions will result in sig- This legislation would address a gap plants meet new source performance nificant reductions at many power in the Clean Air Act that exempts standards for pollutants, including ni- plants. The bill makes clear that noth- older power plants from strict environ- trogen oxides and sulfur dioxide. The ing affects the obligations of sources to mental standards, allowing them to act defines these standards as emis- comply with that new regulation in the emit more pollutants than newer fa- sions limits reflecting the degree of timeframe set forth by EPA or to com- cilities and contributing to serious en- emission limitation achievable through ply with any other provision of the vironmental problems. This disparity the application of the best system of Clean Air Act. is of particular concern right now as emission reduction, taking into ac- But we still have a situation where we enter the new world of restructur- count cost, as determined by the Ad- there is currently an unacceptably ing of the electric utility industry—a ministrator. However, these standards high level of power plant emissions world that was never envisioned at the were only imposed on new generating and, in many cases, a disparity in emis- time of any of the Clean Air Act plants, and did not cover existing sion requirements between different Amendments, including the 1990 plants, plants under construction, or in generators. On top of this, we have a Amendments. Because most of the the permitting process or being new era of electricity deregulation and older plants don’t have to expend the planned for, unless they undertook restructuring which we are entering at same amount of money on environ- major construction. a rapid pace; in the foreseeable future, mental controls that newer plants do, At the time, the view was that it retail consumers all over the country it is simple economics that these older would be more cost-effective to impose may be able to choose their supplier of plants will benefit under deregulation stricter standards on new facilities electricity. As I’ve noted, this era of by increasing their generation of power than existing ones, and that many of deregulation was never envisioned at and, therefore, their emissions of dan- the existing facilities would be retiring the time of either the 1977 Clean Air gerous pollutants into the air. This sit- soon. But for a number of economic Act Amendments or the more recent uation is unfair to utilities that gen- reasons, the anticipated retirement of 1990 Amendments. Increasing competi- erate electricity while meeting stricter plants did not occur. More than half of tive markets provide opportunities for environmental standards, and it is un- the power plants operating today were relatively low cost generators to in- fair to the public whose health will be built before the new source standards crease generation; where cost differen- endangered. went into effect. tials are due in part to differences in Electricity deregulation carries the My legislation would require that emission standards this will mean in- promise of enormous benefits for the power plants that generate electricity creases in generation at the highest consumer in terms of reduced electric that flows through transmission or emitting plants. bills which I strongly support. But un- connected facilities that cross State Mr. President, the good news is that less we do it right, electricity deregula- lines comply with the stricter environ- cost-effective technologies are avail- tion also can result in significant ad- mental standards. It would also require able to meet these stricter standards. verse environmental and public health EPA to set up a market-based allow- For example, the Northeast States for effects. Some of the early results from ance trading program to allow utilities Coordinated Air Use Management and the initial efforts at deregulation of to comply in the most cost-effective the Mid-Atlantic Regional Air Manage- wholesale power sales, as well as stud- manner. ment Association have recently com- ies containing projections about what Electric power generating plants are pleted a report on the availability of might occur, are very disturbing: among the largest sources of air pollu- controls for NOx and the cost-effective- In February, EPA projected increases tion in the United States. According to ness of those controls. The report of 553,000 tons of nitrogen oxides and 62 EPA reports, power plants account for shows that a number of advanced emis- million tons of carbon by the year 2010 67 percent of all sulfur dioxide emis- sions control technologies are avail- resulting from restructuring, without sions, 28 percent of all nitrogen oxide able that can reduce NOx emissions provisions in restructuring legislation emissions, 36 percent of all carbon di- from utilities by 85 percent or more, to address pollution increases. oxide emissions and over 33 percent of and that these controls are not only THe Northeast States for Coordi- mercury emissions. These pollutants feasible but are highly cost-effective. nated Air Use Management in January contribute significantly to some of the The report looked at real world experi- 1998 found that several large Mid- most urgent public health and environ- ence with the application of available western power companies substantially mental problems in the United States, technology at 19 coal fired facilities S12178 CONGRESSIONAL RECORD — SENATE October 9, 1998 and found that NOx emissions nearly 50 is treated as an intrastate rather than an dent’s proposal is inadequate and we percent stricter than EPA’s new stand- interstate transaction). must take immediate action to help ‘‘(3) DEADLINES FOR COMPLIANCE.—Each ard for NOx can be achieved at the vast Medicare beneficiaries to stay in their majority of coal utilities. Of course, grandfathered unit shall comply with— chosen health plans. ‘‘(A) a standard of performance established Across the country, including in my under the bill grandfathered utilities under this section before the date of enact- would have the option of purchasing al- ment of this subsection, not later than 5 home state of Delaware, thousands of lowances as an alternative method of years after the date of enactment of this sub- Medicare beneficiaries are losing their meeting the performance standards. section; and HMO coverage and being forced back Mr. President, as we enter the era of ‘‘(B) a standard of performance established into the original Medicare program deregulation we have a unique oppor- under this section on or after the date of en- with expensive Medigap policies. We tunity to provide great benefits for the actment of this subsection, not later than 3 need to help these beneficiaries today. consumers and reduce air pollution, years after the date of establishment of the I am urging my colleagues in the standard. which I strongly support. But we need House and Senate to act now to allow ‘‘(4) ALTERNATIVE COMPLIANCE.— Medicare managed care plans that have to ensure that proper pollution safe- ‘‘(A) IN GENERAL.—To provide an alter- guards are in place to rectify the cur- native means of complying with standards of withdrawn from the program to get rent disparity in standards and to en- performance made applicable by this sub- back into Medicare. The legislation I sure that air pollution does not in- section, the Administrator shall— am introducing today, along with my crease in a competitive market. ‘‘(i) establish national annual limitations colleagues Senator LIEBERMANN and Mr. President, I ask unanimous con- for calendar year 2003 and each calendar year Senator MACK, would instruct the sent that the full text of my legislation thereafter for each pollutant subject to the Health Care Financing Administration standards at a level that is equal to the ag- be included in the RECORD. to allow these plans to restructure gregate emissions of each pollutant that There being no objection, the bill was would result from application of the stand- their costs where justified. This would ordered to be printed in the RECORD, as ards to all electric utility units subject to give many of the health insurance pro- follows: this section; viders the flexibility they need to go S. 2610 ‘‘(ii) allocate transferable allowances for back in to these markets. But most Be it enacted by the Senate and House of Rep- pollutants subject to the standards to elec- critically important, it would give resentatives of the United States of America in tric utility units subject to this section in an beneficiaries the opportunity to re- Congress assembled, annual quantity not to exceed the limita- main in their current plans without tions established under clause (i) based on SECTION 1. STANDARDS OF PERFORMANCE FOR the disruption and increased costs that ELECTRIC UTILITY UNITS. each unit’s share of the total electric genera- tion from such units in each calendar year; they will otherwise face. (a) FINDINGS.—Congress finds that— I am presenting this legislation (1) older electric utility units are exempt and ‘‘(iii) require grandfathered units to meet today after several attempts over the from strict emission control requirements last month to work with the Adminis- applicable to newer facilities, allowing some the standards by emitting in any calender older units to emit greater quantities of dan- year no more of each pollutant regulated tration to allow Medicare+Choice plans gerous pollutants; under this section than the quantity of al- to update their cost and beneficiary fil- (2) this disparity in regulatory treatment lowances that the unit holds for the pollut- ings for 1999. I had hoped to resolve is of particular concern in the new era of ant for the calendar year. this problem administratively—before electric utility restructuring, which was ‘‘(B) CALCULATION OF LIMITATIONS.—In cal- these plans made their final decisions culating the limitations under subparagraph never envisioned at the time of enactment of to pull out of 371 counties leaving 220 the Clean Air Act (42 U.S.C. 7401 et seq.) or (A)(i), the Administrator shall apply the standard for the applicable fuel type in effect thousand beneficiaries to find another amendments to that Act; Medicare option. I sent a letter to (3) in an era of electric utility restructur- in calendar year 2000. ing, utilities that spend less money on envi- ‘‘(5) NO EFFECT ON OBLIGATION TO COMPLY HCFA head Nancy-Ann Min Deparle ronmental controls will be able to increase WITH OTHER PROVISIONS.—Nothing in this sub- urging HCFA to take immediate action their generation of power and emissions of section affects the obligation of an owner or to prevent these manage care plans dangerous pollutants; operator of a source to comply with— from leaving the Medicare+Choice pro- (4) this situation results in an unfair com- ‘‘(A) any standard of performance under gram. petitive disadvantage for utilities that gen- this section that applies to the source under I find it highly regrettable that the any provision of this section other than this erate electricity while meeting strict envi- Health Care Financing Administration ronmental standards; and subsection; or ‘‘(B) any other provision of this Act (in- decided not to allow Medicare+Choice (5) electricity restructuring can result in plans to update their cost and benefit enormous benefits for consumers and the en- cluding provisions relating to National Am- vironment if done right. bient Air Quality Standards and State Im- filings for 1999. This decision could un- (b) STANDARDS.—Section 111 of the Clean plementation Plans).’’. dermine the Medicare+Choice program Air Act (42 U.S.C. 7411) is amended by adding enacted into law just last year and at the end the following: By Mr. ROTH (for himself, Mr. which I believe holds so much promise ‘‘(k) STANDARDS OF PERFORMANCE FOR LIEBERMAN, and Mr. MACK): for improving Medicare for seniors. ELECTRIC GENERATING UNITS.— S. 2611. A bill to amend title XVIII of HCFA’s shortsighted decision will re- ‘‘(1) DEFINITION OF GRANDFATHERED UNIT.— the Social Security Act to enable sult in large out-of-pocket cost in- In this subsection, the term ‘grandfathered medicare beneficiaries to remain en- creases, fewer benefits, and fewer unit’ means a fossil fuel-fired electric utility rolled in their chosen medicare health choices for hundreds of thousands of unit that, before the date of enactment of plan; to the Committee on the Judici- this subsection, was not subject to the stand- Medicare beneficiaries. The bene- ards of performance set forth in subpart D of ary. ficiaries who will bear the hardest part 60 of title 40, Code of Federal Regula- MEDICARE LEGISLATION brunt of the Administration’s decision tions, or to any subsequently adopted stand- Mr. ROTH. Mr. President, yesterday are the 455,000 enrolled in non-renewing ard of performance under this section appli- the President announced his plans for Medicare+Choice plans in counties cable to fossil fuel-fired electric utility helping Medicare beneficiaries who are where no additional plans exist. These units. enrolled in health plans which are not beneficiaries will now be left with only ‘‘(2) APPLICABILITY.—Notwithstanding any other provision of law, in the case of a fossil renewing their Medicare contracts for a significantly more expensive Medi- fuel-fired electric utility unit, a standard of next year. I am glad that President care option; that is, the original Medi- performance under this section that applies Clinton recognizes the problems Medi- care program combined with a Medigap to new or modified electric utility units care beneficiaries are facing and I insurance policy. This is particularly shall also apply to a grandfathered unit think it is important that we all work unfortunate given that premiums for that— together to address this issue. But I am Medigap insurance policies have been ‘‘(A) has the capacity to generate more concerned that the President offered a sharply increasing each year. In fact, than 25 megawatts of electrical output per ‘tomorrow’ solution for today’s prob- the American Association for Retired hour; and ‘‘(B) generates electricity that flows lem. Persons announced just this week that through transmission or connected facilities The problems facing Medicare HMO its Medigap insurance premiums will that cross State lines (including electricity beneficiaries need attention now and increase by an average of 9 percent na- in a transaction that for regulatory purposes cannot wait until next year. The Presi- tionwide next year. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12179 And even in areas where beneficiaries rule, but generally they are worked out provision tucked into the Defense Au- will be left with one or more health among and between States themselves. thorization bill was one of the most un- plan options, the plan withdrawal will The only other exceptions of which I fair provisions imaginable, singling out result in reduced competition which am aware relate to federal employees my State for unfair treatment. I real- translates to higher out-of-pocket with a unique interstate aspect to their ize the time is short in the current ses- costs for Medicare beneficiaries. jobs, like members of the military or sion, and the odds of enacting this leg- I am very concerned by the agency’s Members of Congress, or other employ- islation are not great in the days failure to evaluate potential increased ees with a special interstate job situa- ahead. However, I am introducing this beneficiary cost-sharing when making tion, like Amtrak employees or those bill to go on the Record in advocating the critical decision not to allow plans involved in constructing interstate fairness for my State. It is my hope to update their cost and benefit filings. highways. that when the Congress reconvenes vig- I believe this action demonstrates I have never heard of a special State orously pursue efforts to pass this leg- HCFA’s continued resistance to facili- tax exemption for private sector em- islation and correct an unfairness tate private plan choices for Medicare ployees at a single site. That is, I had which has been imposed upon my beneficiaries, regardless of the con- never heard of it until I saw this year’s State. sequence to beneficiaries. Defense Authorization bill. I hope that the Congress and Presi- But Mr. President, the provision in By Mr. COATS: dent Clinton will fight the temptation the Defense Authorization bill is a one S. 2614. A bill to amend chapter 96 of to play politics with Medicare and in- way street. It preempts Kentucky state title 18, United States Code, to enhance stead do the right thing for bene- law for Tennessee residents who would the protection of first amendment ficiaries by taking action before Con- otherwise be taxed within Kentucky’s rights; to the Committee on the Judici- ary. gress adjourns for the year to help borders. But there is no comparable beneficiaries to remain in their current preemption of Tennessee state law for THE FIRST AMENDMENT FREEDOMS ACT OF 1998 Medicare health plans if they so Kentucky residents who are taxed at Mr. COATS. Mr. President, in 1970, choose. Next year, we can work to- Fort Campbell within Tennessee’s bor- Congress passed provisions known as gether toward a more comprehensive ders. the Racketeer Influenced and Corrupt solution to this issue. As a matter of basic fairness, if Ten- Organization Act, or RICO, as part of nessee residents are to be granted a the larger Organized Crime Control Act By Mr. FORD: special tax exemption while on the of 1970. The bill was designed to help S. 2612. A bill to provide that Ten- Kentucky side of Fort Campbell, Ken- law enforcement officials better ad- nessee may not impose sales taxes on tucky residents should be given equal dress the plague of organized crime, any goods or services purchased by a consideration while on the Tennessee and has been a valuable tool in this ef- resident of Kentucky at Fort Campbell, side of Fort Campbell. In addition, it is fort. During drafting of this legislation, nor obtain reimbursement for any un- currently the case that unemployment concerns were raised by several mem- employment compensation claim made compensation for any Tennessee resi- bers of this body, including my col- by a resident of Tennessee relating to dents who work on the Kentucky side league from Massachusetts, Senator work performed at Fort Campbell; to of Fort Campbell are paid out of Ken- KENNEDY, that the bill was written so the Committee on Governmental Af- tucky tax dollars. This should no broadly that it might be used against fairs. longer be the case now that Tennessee organized civil disobedience, including FORT CAMPBELL TAX FAIRNESS ACT OF 1998 workers are being given a special tax anti-war demonstrators. This was at Mr. FORD. Mr. President, today I in- status and are exempt from Kentucky the height of the Vietnam War, and troduce the Fort Campbell Tax Fair- laws. anti-war demonstrations were taking ness Act. This legislation is designed to My legislation attempts to correct place across the country. Senator KEN- restore some sense of balance and these new inequities created by the NEDY, along with Senator HART of maintain some level of fairness in the passage of this year’s Defense Author- Michigan, submitted their views as ization bill. First, it would direct that taxation of individuals who work at part of the Senate Judiciary Commit- Tennessee sales taxes imposed on the the Fort Campbell military installa- tee Report on the Organized Crime tion in Kentucky and Tennessee. Tennessee side of Fort Campbell apply Control Act of 1969. My colleagues may recall that earlier only to Tennessee residents. The dis- I think their words deserve our at- this month, an unprecedented provi- tinguished Senator from Tennessee, in tention today. They recognized that, sion was included in the Defense Au- debate on the Defense Authorization and I quote: ‘‘To combat organized thorization bill which granted special bill, asserted that no such taxes are crime, as distinguished from other tax status for a single site—Fort Camp- currently collected at Fort Campbell. forms of criminal activity, requires bell—to Tennessee residents who work Therefore, he should have no objection procedures specifically designed for on the Kentucky side of the border. to this provision whatsoever. However, that purpose.’’ They continued, ‘‘The Even worse, the provision in the De- I have been informed that Tennessee reach of this bill goes beyond organized fense bill preempted State tax law. It sales taxes are in fact collected from criminal activity. Most of its features preempted the ability of my State to private business operations within the propose substantial changes in the gen- administer its own tax laws in a fair Fort Campbell boundaries. So this pro- eral body of criminal procedures. Fi- manner, and in a way in which the vision is badly needed as a matter of nally, their statement notes that, State determined was fairest and best. fairness. ‘‘Amended to restrict its scope solely The provision adopted in the Defense Second, the legislation clearly states to organized criminal activity and to bill exempts Tennessee residents who that the Commonwealth of Kentucky assure the protection of individual work in Kentucky at Fort Campbell has absolutely no obligation to con- rights, the bill could contribute impor- from paying Kentucky state income tinue paying the unemployment bene- tant and useful means of eradicating taxes. This special exemption was fits of Tennessee residents out of Ken- organized crime.’’ Mr. President, I ask snuck into the House version of the tucky tax dollars. Since Tennessee that a copy of this statement from the bill, and then maintained in the con- residents have been given this special Judiciary Committee Report be in- ference committee. It is extremely un- tax status and preemption of State cluded in the RECORD. fair. laws, Kentucky should no longer have There being no objection, the mate- Mr. President, the Congress has no any liabilities should these workers be- rial was ordered to be printed in the business dictating to States how they come unemployed. Those claims should RECORD, as follows: should administer their own tax laws. be the responsibility of the State of INDIVIDUAL VIEWS OF MESSRS. HART AND This is a matter for the States to de- Tennessee. KENNEDY termine by themselves. The basic prin- Mr. President, I have always at- To combat organized crime, as distin- ciple of taxation is that income is tempted to fiercely defend the inter- guished from other forms of criminal activ- taxed at the location where it is pro- ests of my State during my 24 years in ity, requires procedures specifically designed duced. There are exceptions to this the Senate. The special tax preemption for that purpose. S12180 CONGRESSIONAL RECORD — SENATE October 9, 1998 S. 30, the Organized Crime Control Act of clinics through a pattern of racketeering ac- commerce, through a pattern of specific 1969, is billed as a means of providing the tivity. Both the U.S. District Court and criminal ‘‘racketeering’’ activity, can be pe- procedures necessary to eradicate the dis- Court of Appeals had dismissed the suit on nalized. Typical ‘‘racketeering’’ activity in- ease of organized crime and its serious grounds that RICO implied an ‘‘economic cludes murder, kidnapping, robbery, arson, threat to our national security. motive’’ for the racketeering activity. The bribery, loan-sharking, mail fraud, wire But the reach of this bill goes beyond orga- Supreme Court reversed the lower court de- fraud, obstruction of justice, witness retalia- nized criminal activity. Most of its features cisions in finding that the letter of the law tion, or extortion. Also included as rack- propose substantial changes in the general in RICO did not require proof that either eteering activity is violation of the Hobbs body of criminal procedures. racketeering enterprise or predicate acts of Act, which modified the Anti-Racketeering New rules of evidence and procedure appli- racketeering be motivated by economic pur- Act of 1934. The Hobbs Act includes a provi- cable to all criminal jurisprudence are estab- pose. The Supreme Court then remanded the sion which prohibits affecting commerce by lished. case to the District Court. ‘‘extortion’’ using ‘‘wrongful or threatened Amended to restrict its scope solely to or- The Supreme Court ruling and the subse- force, violence, or fear.’’ ganized criminal activity and to assure the quent U.S. District Court decision have radi- It is this final provision which has been ex- protection of individual rights, the bill could cally expanded the scope of federal anti- panded by the Courts to apply to those en- contribute important and useful means of racketeering statues in direct contradiction gaged in civil disobedience. While under eradicating organized crime. to the clear intent of Congress in the cre- common law understanding, ‘‘extortion’’ re- Mr. COATS, in direct response to the legiti- ation of RICO. The result of the rulings is quires the actual trespatory taking of prop- mate concerns raised by Senator KENNEDY, that civil disobedience is now open to pros- erty, the term is now being interpreted as Senator HART, the ACLU, and others, the ecution as organized crime. This is already ‘‘coercion,’’ which involves compulsion of ac- language of the Organized Crime Control Act having a chilling effect on free speech in this tion. Political and social protest by its very was modified to narrow the definition of country. nature attempts to compel a change of ac- racketeering activity. These modifications Mr. President, before going further on this tions, whether it be the actions of a logging were seen as adequate, and debate moved on matter, let me make several things very company cutting old growth forests, a res- to other issues. It is clear from the record of clear. First, this is not an abortion issue. taurant that will not serve minorities, a congressional debate that nobody—not the The Senate must continue to wrestle with business that will not promote women, or a bill’s author, Senator MCCLELLAN, not the the morality of the legality of abortion in health clinic performing abortions. Such or- Judiciary Committee, not the House of Rep- this country, and my colleagues are well ganized efforts to compel action, inherent in resentatives, not my colleague from Massa- aware of my deep convictions on this matter, civil disobedience, are now captured in the chusetts—nobody was interested in prosecut- but that is not what I am here to discuss. net of RICO. ing civil disobedience as organized crime. The application of federal anti-racketeering Mr. President, our country has a long and statues to political protest and civil disobe- As I stated earlier, Congress did not envi- distinguished history of political free speech dience is not an abortion issue—it is a First sion, and could not conceive, of this applica- under the First Amendment. At times, polit- Amendment issue. While the catalyst for the tion of the law, especially in the wake of the ical and social protesters have seen civil dis- expansion of RICO was its application to pro- modifications undertaken at the time. In its obedience as the best manner to bring the life demonstrators, the case could just as original draft, RICO specified, and I quote, message home. From abolitionists of the easily could have involved civil rights advo- ‘‘any act dangerous to life, limb, or prop- 18th and 19th centuries to the civil rights cates, animal rights activities, anti-war erty,’’ as predicate offenses. In direct re- demonstrations of Dr. Martin Luther King, demonstrators, or AIDS activists. The issue sponse to concerns raised by several mem- non-violent civil disobedience has played a is not abortion, it is political speech. bers of Congress, including the Senator from major role in shaping this nation. While civil Let me also make clear that the issue is Massachusetts, that this wording could put disobedience is inherently ‘‘disobedient’’ to not whether civil disobedience should be civil disobedience into jeopardy, the lan- guage was redrafted to clearly define RICO’s the law, and while such violations of the law punished: it is, and it should be. This coun- predicate offenses, specifying particular have consequences, there is a vast difference try has a proud history of both the rule of state and federal offenses. No offense re- between organized crime and organized polit- law and the practice of civil disobedience. In motely related to rioting, trespass, vandal- ical protest. a nation under the rule of law, civil disobe- ism, or any other aspect of a demonstration Today, this difference is becoming much dience has legal consequences. I am not here that might stray beyond constitutional lim- less noticeable As many of us know, on April to debate whether abortion protesters, AIDS its was included as racketeering activity. 20, 1998, a U.S. District Court jury ruled that activists, or animal rights demonstrators While state and federal law continues to anti-abortion leaders had violated federal should abide by the law, or, when they break apply to many of these violations, these were anti-racketeering statutes by engineering a the law, they should be accountable. There intentionally excluded from the scope of nationwide conspiracy that involved 21 acts are federal and state laws on the books deal- anti-racketeering laws and the increased of extortion, mostly the formation of barri- ing with trespassing, vandalism, and many punishments these entailed. cades that prevented the use of clinics per- other crimes commonly associated with civil forming abortions. The defendants were or- disobedience. However, the punishment Mr. President, in response to recent Court dered to pay nearly $86,000 in damages. That ought to fit the crime. What we have, in the rulings which have grossly expanded the penalty was automatically tripled under expansion of RICO, is the application of the scope of federal anti-racketeering laws to RICO. We are not talking about abortion heavy rod intended for organized crime, cover non-violent political protest, I am in- protesters being charged with political vio- being turned against organized political pro- troducing the First Amendment Freedoms lence—murder, bombing of abortion clinics, test. Act today. This legislation restores RICO to or physical violence against patients or em- Finally, let me emphasize that I am not its originally intended application of orga- ployees of the clinics involved. Rather, we here to debate political violence. Murder, nized criminal activity, and codifies Su- are talking about these protesters being arson, death threats, physical harm—these preme court opinion regarding the protec- charged as racketeers for non-violent forms are not acts of civil disobedience, but of ter- tion of First Amendment rights. of civil disobedience. rorism, and RICO specifically applies to a Specifically, the bill does two things. This is not an isolated decision, but rather pattern of such activities. I am not con- First, it narrows the judicially expanded def- followed on the heels of a 1994 Supreme cerned with protecting these actions, wheth- inition of ‘‘extortion’’ under RICO, which has Court opinion regarding the scope of RICO. er engaged in by anti-abortion demonstra- allowed for the erroneous prosecution of In the case of NOW v. Scheidler, the Supreme tors or environmental activists. civil disobedience under this statute. Sec- Court ruled that the National Orgnaization What does concern me deeply, is the pros- ond, it assures that, in any civil action for Women could bring suit under RICO ecution of non-violent civil disobedience as brought under RICO or any other legal the- against a coalition of anti-abortion groups, racketeering activity. Under RICO, whoever ory, the litigation is conducted consistent alleging the defendants were members of a participates in a commercial ‘‘enterprise’’ or with the First Amendment guidelines of the nationwide conspiracy to shut down abortion an ‘‘enterprise’’ which has an impact on Supreme Court. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12181 Our nation has a long and distinguished an incidental benefit from hiring local Bering Land Bridge National Pre- history of non-violent civil disobedience as a residents to the budget of the National serve is a remnant of the land bridge legitimate form of political and social pro- Park Service since they would not have that connected Asia with North Amer- test. Such activity has legal consequences. to pay employees to relocate to Alas- ica more than 13,000 years ago. The However, such activity is not the equivalent of organized crime. The prosecution of politi- ka. land bridge itself is now overlain by cal and social protest under federal anti- Mr. President, while speaking to the the Chukchi Sea and the Bering Sea. racketeering statutes is entirely contrary to issue of benefits, I have been told by During the glacial epoch, this area was anything Congress foresaw in enacting RICO. several of the residents of Kotzebue part of a migration route for people, Congress should act expeditiously to correct that they have assisted in the rescue of animals, and plants whenever ocean this obvious misapplication of the law. Park Service personnel on a number of levels fell enough to expose the land Martin Luther king, Jr., in his acceptance occasions. It makes little sense to me bridge. Scientists find it one of the of the Nobel Peace Prize in 1964, said that: to bring someone to the Northwest most likely regions where prehistoric ‘‘Nonviolence is the answer to the crucial po- litical and moral questions of our time; the parks from the lower forty-eight who is Asian hunters entered the New World. need for man to overcome oppression and vi- unfamiliar with the rugged terrain and Today Eskimos from neighboring vil- olence without resorting to oppression and treacherous weather. It makes better lages pursue subsistence lifestyles and violence.’’ Those who engage in non-violent sense to hire an individual who stands manage their reindeer herds in and civil disobedience should not, and it was little chance of getting lost or strand- around the preserve. Some 112 migra- never the intent of Congress that they would ed. be, prosecuted as criminal racketeers. If the tory bird species may be seen in the This is not a new concept. In various Preserve, along with occasional seals, current interpretation of the law had been in other units of the National Park Sys- effect in the 1950’s and 60’s, the civil rights walrus, and whales. Grizzly bears, fox, movement could easily have been quashed. I tem we have made provisions to take wolf, and moose also inhabit the Pre- trust that Congress will take steps to ad- advantage of local communities, espe- serve. Other interesting features are dress this matter in a timely manner. cially where the resource has particu- rimless volcanoes called Maar craters, Mr. President, I send my bill to the lar historic or religious significance. Serpentine Hot Springs, and seabird desk, and I yield the floor. At Zuni-Cibola Historical Park, for ex- colonies at Sullivan Bluffs. ample, section 4 of Public Law 100-567 By Mr. MURKOWSKI: specifically authorizes the Secretary to Cape Krusenstern National Monu- S. 2615. A bill to study options to im- enter into cooperative agreements with ment is comprised of 659,807 acres of prove and enhance the protection, the Zuni Tribe and individual tribal land and water—a coastal plain dotted management, and interpretation of the members to provide training for the in- with sizable lagoons and backed by significant natural and other resources terpretation, management, protection, gently rolling, limestone hills. The of certain units of the National Park and preservation of archaeological and Cape Krusenstern area has been des- System in northwest Alaska, to imple- historical properties and in the provi- ignated an Archeological District in ment a pilot program to better accom- sion of public services on the Zuni In- the National Register of Historic plish the purposes for which those dian Reservation to accomplish the Places, and a National Historic Land- units were established by providing purposes for which that unit of the mark. The core of the archeologic dis- greater involvement by Alaska Native Park System was established. trict is made up of approximately 114 communities, and for other purposes; At the National Park of American marine beach ridges. These beach to the Committee on Energy and Natu- Samoa, the Secretary has been directed ridges, formed of gravel deposited by ral Resources. to establish a program to train native major storms and regular wind and wave action, record in horizontal suc- ALASKA NATIONAL INTEREST LEGISLATION American Samoan personnel to func- cession the major cultural periods of ∑ Mr. MURKOWSKI. Mr. President, the tion as professional park service em- the last 4,500 years. The prehistoric in- legislation that I have introduced ployees and to provide services to visi- habitants of northwest Alaska occu- today will require the Secretary of the tors and operate and maintain park fa- pied the cape seasonally to hunt ma- Interior to report on what he has done, cilities. The law establishing the park rine mammals, especially seals. As new or not done, to implement the require- also provided a preference for the hir- beach ridges were formed, camps were ments of sections 1307 and 1308 of the ing of local Samoans both as employ- Alaska National Interest Lands Con- ees and under any contract. The gen- made on the ridges closest to the servation Act. Those provisions sought eral management plan for the park is water. Thus, over centuries, a chrono- to mitigate the effect of the designa- to be developed in cooperation with the logical horizontal stratigraphy was tion of over 100 million acres of land in Governor of American Samoa. It is also laid down in which the oldest cultural Alaska for permanent preservation on conceivable, under the legislation, that remains were found on the beach ridges the Alaska Natives who have lived in after fifty years, sole authority to ad- farthest from the ocean. The discov- the areas for centuries. Those provi- minister the park could be turned over eries made at Cape Krusenstern Na- sions required the Secretary to allow to the Governor of American Samoa tional Monument provided a definite, those who were already providing visi- from the Secretary. datable outline of cultural succession tor services to continue to provide such There are other examples, but I think and development in northwest Alaska. services and also provided a preference the time is long overdue for this philos- The park contains approximately in hiring at those conservation units ophy to be realized at conservation 1,726,500 acres of federal lands and en- for local residents. units in Alaska. The Department of the compasses a nearly enclosed mountain Those provisions were intended to ac- Interior, in my view, has been dragging basin in the middle section of the complish several objectives. First and its feet and has failed to take advan- Kobuk River in the Northwest Alaska foremost, they were designed to ensure tage of the rich human resources Areas. Trees approach their northern that local residents who would assume present in the Alaska Native commu- limit in the Kobuk Valley, where forest the costs attendant to the establish- nities that lie in proximity to National and tundra meet. Today’s dry, cold cli- ment of these conservation units as a Parks and Refuges. These units are re- mate of the Kobuk Valley still approxi- result of future limitations on eco- markable and this Nation is not well mates that of late Pleistocene times, nomic opportunities received some of served when the Secretary fails to take supporting a remnant flora once cover- the benefits from whatever jobs were advantage of the local population. ing the vast Arctic steppe tundra created. The provisions also ensured In particular, the four northwest bridging Alaska and Asia. Sand created that the rich history and knowledge of Alaska units of the National Park Sys- by the grinding of glaciers has been the area that the local native popu- tem would be a good place for the Sec- carried to the Kobuk Valley by winds lation possessed was made available to retary to begin complying with section and water. The great Kobuk Sand visitors. For a change, Washington 1307 and 1308 of ANILCA and start con- Dunes—25 square miles of shifting could learn from those in the surround- tracting with the local people for the dunes—is the largest active dune field ing communities. There would also be management of these park units. in the arctic latitudes. S12182 CONGRESSIONAL RECORD — SENATE October 9, 1998

Native people have lived in the health agencies increased from about COLLINS) and the Senator from Min- Kobuk Valley for at least 12,500 years. 5,700 in 1989 to more than 10,000 in 1997. nesota (Mr. WELLSTONE) were added as This human use is best recorded at the In order to constrain the growth in cosponsors of S. 1459, a bill to amend extensive archeological sites at Onion costs and usage of home care, the BBA the Internal Revenue Code of 1986 to Portage. The Kobuk Valley remains an included provisions that would estab- provide a 5-year extension of the credit important area for traditional subsist- lish a Prospective Payment System for producing electricity from wind and ence harvest of caribou, moose, bears, (PPS) for home health care, a method closed-loop biomass. fish, waterfowl, and many edible and of paying health care providers where- S. 1557 medicinal plants. The slow-moving, by rates are established in advance. An At the request of Mr. TORRICELLI, the gentle Kobuk River is tremendous for interim payment system (IPS) was also name of the Senator from New Jersey fishing and canoeing or kayaking. established while the Health Care Fi- (Mr. LAUTENBERG) was added as a co- Noatak National Preserve lies in nancing Administration works to de- sponsor of S. 1557, a bill to end the use northwestern Alaska, in the western velop the PPS for home health care of steel jaw leghold traps on animals in Brooks Range, and encompasses more agencies. the United States. than 250 miles of the Noatak River. The home health care industry is dis- S. 1855 The preserve protects the largest un- satisfied with the IPS. The resulting At the request of Mr. WYDEN, the touched mountain-ringed river basin in concern expressed by many Members of name of the Senator from Maine (Ms. the United States. The river basin pro- Congress prompted us to ask the Gen- SNOWE) was added as a cosponsor of S. vides an outstanding resource for sci- eral Accounting Office (GAO) to exam- 1855, a bill to require the Occupational entific research, environmental edu- ine the question of beneficiary access safety and Health Administration to cation, and subsistence and rec- to home care. While the GAO found recognize that electronic forms of pro- reational opportunities. that neither agency closures nor the viding MSDSs provide the same level of Above the Arctic Circle, the Noatak interim payment system significantly access to information as paper copies. River flows from glacial melt atop affected beneficiary access to care, I S. 1868 Mount Igikpak in the Brooks Range remain concerned that the potential At the request of Mr. LAUTENBERG, out to Kotzebue Sound. Along its 425- closure of many more home health his name was added as a cosponsor of mile course, the river has carved out agencies might ultimately affect the S. 1868, a bill to express United States the Grand Canyon of the Noatak. The care that beneficiaries receive, particu- foreign policy with respect to, and to preserve is in a transition zone between larly beneficiaries with chronic illness. strengthen United States advocacy on the northern coniferous forests and The bill we are introducing today ad- behalf of, individuals persecuted for tundra biomes. The river basin con- justs the interim payment system to their faith worldwide; to authorize tains most types of arctic habitat, as achieve equity and fairness in pay- United States actions in response to re- well as one of the finest arrays of flora ments to home health agencies. It ligious persecution worldwide; to es- and fauna. Among the Preserve’s large would reduce extreme variations in tablish an Ambassador at Large on mammals are brown bears, moose, cari- payment limits applicable to old agen- International Religious Freedom with- bou, wolves, lynx, and Dall sheep. cies within states and across states and in the Department of State, a Commis- Birdlife also is plentiful in the area be- would reduce artificial payment level sion on International Religious Perse- cause of the migrations from Asia and differences between ‘‘old’’ and ‘‘new’’ cution, and a Special Adviser on Inter- the tip of South America. The Noatak agencies. The bill would provide all national Religious Freedom within the River supports arctic char, whitefish, agencies a longer transition period in National Security Council; and for grayling, and salmon and is an impor- which to adjust to changed payment other purposes. tant resource for fishing, canoeing, and limits. S. 2024 kayaking. Clearly, since the bill may not ad- At the request of Mr. ASHCROFT, the Mr. President, these are the human dress all the concerns raised by Medi- names of the Senator from Iowa (Mr. and natural resources of Northwest care beneficiaries and by home health GRASSLEY), the Senator from Utah (Mr. Alaska. This legislation will direct the agencies, we should revisit this issue HATCH), and the Senator from South Secretary to finally bring the two to- next year. A thorough review is needed Carolina (Mr. THURMOND) were added as gether for the benefit of both Alaska to determine whether the funding cosponsors of S. 2024, a bill to increase Natives and the nation.∑ mechanism for home health is suffi- the penalties for trafficking in meth- cient, fair and appropriate, and wheth- amphetamine in order to equalize those By Mr. ROTH (for himself and er the benefit is meeting the needs of penalties with the penalties for traf- Mr. MOYNIHAN): Medicare beneficiaries. ficking in crack cocaine. S. 2616. A bill to amend title XVIII of America’s home health agencies pro- S. 2078 the Social Security Act to make revi- vide invaluable services that have At the request of Mr. GRASSLEY, the sions in the per beneficiary and per given many Medicare beneficiaries the names of the Senator from Washington visit payment limits on payment for ability to stay home while receiving (Mr. GORTON), the Senator from Texas health services under the Medicare pro- medical care. An adjustment to the in- (Mrs. HUTCHISON), and the Senator gram; to the Committee on Finance. terim payment system and delay in from Louisiana (Mr. BREAUX) were HEALTH SERVICES LEGISLATION further payment reductions will enable added as cosponsors of S. 2078, a bill to Mr. MOYNIHAN. Mr. President, I am home health agencies to survive the amend the Internal Revenue Code of pleased to join my distinguished Chair- transition into the prospective pay- 1986 to provide for Farm and Ranch man, Senator ROTH, and other col- ment system while continuing to pro- Risk Management Accounts, and for leagues in introducing a bill to im- vide essential care for beneficiaries. other purposes. prove the home health interim pay- f S. 2110 ment system. At the request of Mr. BIDEN, the ADDITIONAL COSPONSORS Prior to the Balanced Budget Act of name of the Senator from Michigan 1997 (BBA), home health agencies were S. 35 (Mr. LEVIN) was added as a cosponsor of reimbursed on a cost basis for all their At the request of Mr. FEINGOLD, the S. 2110, a bill to authorize the Federal costs, as long as they maintained aver- name of the Senator from New Jersey programs to prevent violence against age costs below certain limits. That (Mr. LAUTENBERG) was added as a co- women, and for other purposes. payment system provided incentives sponsor of S. 35, a bill to amend the S. 2182 for home health agencies to increase Reclamation Reform Act of 1982 to At the request of Mr. GORTON, the the volume of services delivered to pa- clarify the acreage limitations and in- name of the Senator from Utah (Mr. tients, and it attracted many new corporate a means test for certain farm BENNETT) was added as a cosponsor of agencies to the program. From 1989 to operations, and for other purposes. S. 2182, a bill to amend the Internal 1996, Medicare home health payments S. 1459 Revenue Code of 1986 to provide tax-ex- grew at an average annual rate of 33 At the request of Mr. GRASSLEY, the empt bond financing of certain electric percent, while the number of home names of the Senator from Maine (Ms. facilities. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12183

S. 2190 (Mr. BOND) was added as a cosponsor of SENATE CONCURRENT RESOLU- At the request of Mr. KENNEDY, the S. 2563, a bill to amend title 10, United TION 127—RECOGNIZING THE 50TH name of the Senator from Washington States Code, to restore military retire- ANNIVERSARY OF THE NA- (Mrs. MURRAY) was added as a cospon- ment benefits that were reduced by the TIONAL INSTITUTE OF ALLERGY sor of S. 2190, a bill to authorize quali- Military Retirement Reform Act of AND INFECTIOUS DISEASES, AND fied organizations to provide technical 1986. FOR OTHER PURPOSES assistance and capacity building serv- Mr. DURBIN (for himself and Mr. ices to microenterprise development S. 2565 MACK) submitted the following resolu- At the request of Mr. DURBIN, the organizations and programs and to dis- tion; which was referred to the Com- name of the Senator from North Caro- advantaged entrepreneurs using funds mittee on the Judiciary: from the Community Development Fi- lina (Mr. FAIRCLOTH) was added as a co- nancial Institutions Fund, and for sponsor of S. 2565, a bill to amend the S. CON. RES. 127 other purposes. Federal Food, Drug, and Cosmetic Act Whereas November 1998 marks the 50th an- niversary of the creation of the National S. 2213 to clarify the circumstances in which a Microbiological Institute (referred to in this At the request of Mr. FRIST, the substance is considered to be a pes- resolution as the ‘‘Institute’’) under author- name of the Senator from Michigan ticide chemical for purposes of such ity of section 202 of the Public Health Serv- (Mr. ABRAHAM) was added as a cospon- Act, and for other purposes. ice Act; Whereas the Institute was formed through sor of S. 2213, a bill to allow all States SENATE JOINT RESOLUTION 56 to participate in activities under the the combination of the Rocky Mountain Education Flexibility Partnership At the request of Mr. GRASSLEY, the Laboratory, the Biologics Control Labora- Demonstration Act. names of the Senator from Kansas (Mr. tory, the Division of Infectious Diseases and BROWNBACK), the Senator from Arkan- the Division of Tropical Diseases of the Na- S. 2292 tional Institutes of Health; sas (Mr. HUTCHINSON), the Senator from At the request of Ms. COLLINS, the Whereas in 1955 Congress renamed the In- name of the Senator from Illinois (Ms. Mississippi (Mr. LOTT), the Senator stitute as the National Instituteof Allergy MOSELEY-BRAUN) was added as a co- from Idaho (Mr. KEMPTHORNE), the Sen- and Infectious Diseases (referred to in this sponsor of S. 2292, a bill to amend title ator from Idaho (Mr. CRAIG), the Sen- resolution as ‘‘NIAID’’) under the authority XVIII of the Social Security Act to ator from Alabama (Mr. SHELBY), the of the Omnibus Medical Research Act, rec- provide for coverage under the medi- Senator from Tennessee (Mr. FRIST), ognizing the need for a coordinated scientific care program of insulin pumps as items the Senator from Indiana (Mr. COATS), research program on infectious, allergic and the Senator from Mississippi (Mr. immunologic diseases; of durable medical equipment. Whereas the research portfolio of NIAID COCHRAN), and the Senator from Con- S. 2295 encompasses infectious diseases such as ac- necticut (Mr. LIEBERMAN) were added At the request of Mr. MCCAIN, the quired immunodeficiency syndrome (AIDS), name of the Senator from Arkansas as cosponsors of Senate Joint Resolu- tuberculosis, sexually transmitted diseases, tion 56, a joint resolution expressing (Mr. HUTCHINSON) was added as a co- malaria and influenza, immunologic diseases sponsor of S. 2295, a bill to amend the the sense of Congress in support of the including asthma, allergies and primary im- Older Americans Act of 1965 to extend existing Federal legal process for de- mune deficiency diseases, transplantation termining the safety and efficacy of immunology, and development of new diag- the authorizations of appropriations nostic therapies and vaccines forinfectious for that Act, and for other purposes. drugs, including marijuana and other Schedule I drugs, for medicinal use. diseases; S. 2412 Whereas research supported by NIAID con- At the request of Mr. BURNS, the SENATE CONCURRENT RESOLUTION 124 tinues to yield promising advances including name of the Senator from California the development of vaccines against the At the request of Mr. LAUTENBERG, human immunodeficiency virus (HIV), and in (Mrs. BOXER) was added as a cosponsor the names of the Senator from Mis- of S. 2412, a bill to create employment the identification of effective treatment souri (Mr. ASHCROFT) and the Senator regimens for childhood asthma; opportunities and to promote economic from Illinois (Ms. MOSELEY-BRAUN) Whereas the continued threat of emerging growth establishing a public-private were added as cosponsors of Senate and re-emerging infectious diseases, like tu- partnership between the United States Concurrent Resolution 124, a concur- berculosis, poses a risk to the health world- travel and tourism industry and every rent resolution expressing the sense of wide, NIAID-supported research provides the necessary tools to develop diagnostic tests, level of government to work to make Congress regarding the denial of bene- the United States the premiere travel new and improved treatments, vaccines and fits under the Generalized System of other means to combat the microbial threats and tourism destination in the world, Preferences to developing countries and for other purposes. of today and those of the future; that violate the intellectual property Whereas NIAID-supported research is mak- S. 2494 rights of United States persons, par- ing significant progress in understanding the At the request of Mr. MCCAIN, the ticularly those that have not imple- immune system and its disorders including names of the Senator from Wisconsin mented their obligations under the the mechanisms of immune tolerance, which (Mr. FEINGOLD) and the Senator from Agreement on Trade-Related Aspects refers to the ability of the immune system to distinguish between cells and tissues that Delaware (Mr. ROTH) were added as co- of Intellectual Property. sponsors of S. 2494, a bill to amend the are ‘‘self’’ and those that are foreign or Communications Act of 1934 (47 U.S.C. SENATE CONCURRENT RESOLUTION 125 ‘‘non-self,’’ such as a pathogen, tumor, ortransplanted organ; 151 et seq.) to enhance the ability of di- At the request of Mr. INHOFE, the Whereas such advances are vital to the rect broadcast satellite and other mul- name of the Senator from Pennsyl- field of organ transplantation and may prove tichannel video providers to compete vania (Mr. SANTORUM) was added as a useful in treating autoimmune diseases, such effectively with cable television sys- cosponsor of Senate Concurrent Reso- as rheumatoid arthritis and multiple sclero- tems, and for other purposes.rposes. lution 125, a concurrent resolution ex- sis; S. 2562 pressing the opposition of Congress to Whereas Congress intends that NIAID con- tinue its innovative leadership in delineating At the request of Mr. DODD, the any deployment of United States pathogenesis, improving diagnosis and treat- names of the Senator from West Vir- ground forces in Kosovo, a province in ment, and developing vaccines to prevent in- ginia (Mr. BYRD) and the Senator from southern Serbia, for peacemaking or fectious and immunologic diseases, thereby New Jersey (Mr. LAUTENBERG) were peacekeeping purposes. contributing to the overall health of the added as cosponsors of S. 2562, a bill to American public and the people of the world: amend title XVIII of the Social Secu- SENATE RESOLUTION 199 Now, therefore, be it rity Act to extend for 6 months the At the request of Mr. TORRICELLI, the Resolved by the Senate (the House of Rep- contracts of certain managed care or- name of the Senator from Nebraska resentatives concurring), that Congress— (1) recognizes the historic significance of ganizations under the medicare pro- (Mr. KERREY) was added as a cosponsor gram. the 50th anniversary of theestablishment of of Senate Resolution 199, a resolution the National Microbiological Institute and S. 2563 designating the last week of April of the creation ofthe Institute that became the At the request of Mr. ROBERTS, the each calendar year as ‘‘National Youth National Institute of Allergy and Infectious name of the Senator from Missouri Fitness Week.’’ Diseases; S12184 CONGRESSIONAL RECORD — SENATE October 9, 1998 (2) recognizes the research scientists, ad- SENATE CONCURRENT RESOLU- to take steps to create conditions for good ministrative staff, professional societies, and TION 128—EXPRESSING THE faith negotiations that address the social, patient groups for their active participation SENSE OF CONGRESS REGARD- economic and political causes of the conflict in support of the research programs and ING MEASURES TO ACHIEVE A to achieve a peaceful and lasting resolution goals of the NIAID; and of the conflict, and to vigorously pursue such (3) reaffirms its support of the National In- PEACEFUL RESOLUTION OF THE negotiations; stitute of Allergy and Infectious Diseases CONFLICT IN THE STATE OF (5) support efforts to provide relief assist- and its commitment to advance knowledge CHIAPAS, MEXICO ance to displaced persons in Chiapas and ade- and improve health. Mr. LEAHY (for himself, Mr. DODD, quate monitoring of such assistance; and (6) seek a commitment from the Govern- Mrs. FEINSTEIN, Mr. KERRY, Mrs. MUR- ∑ Mr. DURBIN. Mr. President, I am ment of Mexico to respect the rights of pleased to submit a Senate Concurrent RAY, Mr. DURBIN, Mr. BINGAMAN, Mr. United States citizens and human rights Resolution recognizing and honoring FEINGOLD, Mr. HARKIN, Mr. BUMPERS, monitors in Mexico in accordance with Mexi- the 50th anniversary of the National Mr. WELLSTONE, Mr. JEFFORDS, Mrs. can law and international law. Institute of Allergy and Infectious Dis- BOXER, Mr. KENNEDY, Mr. WYDEN, and Mr. LEAHY. Mr. President, I am eases. An identical resolution is being Ms. MIKULSKI) submitted the following today submitting a Concurrent Resolu- introduced in the House by my distin- concurrent resolution; which was re- tion expressing the sense of Congress guished colleague, Representative ferred to the Committee on Foreign regarding measures to achieve a peace- Relations: NORTHUP. ful resolution of the conflict in the S. CON. RES. 128 As you know I am an ardent sup- state of Chiapas, Mexico. Whereas the United States and Mexico This resolution is cosponsored by porter of biomedical research and the have a long history of close relations and National Institutes of Health. In this Senator DODD, who is the ranking share many economic and security interests; member of the Western Hemisphere century, great strides have been made Whereas the democratic and prosperous subcommittee and among the most in the control of such killer infectious Mexico is in the interest of the United knowledgeable Members of Congress on diseases such as polio, rubella, measles, States; Mexican affairs, Senator FEINSTEIN, cholera, typhoid fever, and diphtheria. Whereas the United States is providing as- sistance and licensing exports of military Senator BINGAMAN, Senator JEFFORDS, Small pox has been eradicated. We con- equipment to Mexican security forces for Senator FEINGOLD, Senator KERRY of tinue to benefit from the development counter-narcotics purposes; Massachusetts, Senator WELLSTONE, of new drugs and vaccines that contrib- Whereas the Department of State has doc- Senator BUMPERS, Senator BOXER, Sen- ute enormously to the betterment of umented human rights violations by Mexi- ator KENNEDY, Senator DURBIN, Sen- the public health. can security forces and paramilitary groups; Whereas the conflict in Chiapas, Mexico ator MURRAY, Senator WYDEN, Senator At the forefront of these advances has resulted in the deaths and disappearance HARKIN, and Senator MIKULSKI. stands the National Institute of Al- of innocent civilians; Congresswoman NANCY PELOSI is lergy and Infectious Diseases. NIAID Whereas the lack of progress in imple- today introducing an identical resolu- began as the National Microbiological menting a preliminary peace agreement tion in the House of Representatives. Institute, formed through the union of signed in 1996 and the presence of tens of Mr. President, the purpose of this the Rocky Mountain Laboratory, the thousands of Mexican soldiers, as well as resolution is to convey our support for Biologics Control Laboratory, the Divi- paramilitary and other groups, have contrib- uted to increased political tension and vio- a peaceful resolution of the conflict in sion of Infectious Diseases, and the Di- lence in Chiapas and the absence of basic Chiapas that has been simmering since vision of Tropical Disease of the NIH. human rights protections; the Zapatista uprising in 1994. Since In 1955, Congress renamed the Institute Whereas the persistence of political ten- then, and despite attempts at negotia- as the National Institute of Allergy sion and violence has exacerbated the impov- tions, the situation remains explosive. and Infectious Diseases, recognizing erished conditions of indigenous people in Scores of innocent people, mostly im- the need for a coordinated scientific re- Chiapas; poverished Indians, have been killed. search program on infectious, allergic, Whereas thousands of indigenous people in Chiapas have fled their homes as a result of Thousands have fled their homes and and immunologic diseases. the violence and are living in deplorable con- are living in squalid conditions, made Research supported by the Institute ditions; unbearable by the recent flooding. has led to important advances, includ- Whereas despite President Zedillo’s calls This resolution does not attempt to ing: the development of vaccines for negotiations and repeated visits to take sides or to dictate an outcome. against infectious diseases such as chiapas, efforts to negotiate a peaceful reso- The situation in Chiapas is a complex lution of the conflict have been unsuccessful meningitis, hepatitis A, whopping one that has social, ethnic, economic and the National Mediation Commission was and political dimensions. It is a mani- cough and the rotavirus diarrhea; new dissolved after the resignation of its Presi- treatments to fight against the human dent, Bishop Samuel Ruiz, due to the lack of festation of years of Mexican history. immunodeficiency virus (HIV); and progress in the peace process; and It is for the Mexican people to resolve. novel interventions to treat childhood Whereas the summary expulsions of United But despite its complexities, there is asthma. States citizens and human rights monitors no doubt that the indigenous people of from Mexico raise concerns about the com- Chiapas have been the victims of cen- However, despite significant mitment of the Government of Mexico to turies of injustice. Most do not own progress, infectious diseases remain freedom of movement, association and ex- any land and they live—as their par- the world’s leading cause of death, and pression. Now, therefore, be it ents and grandparents did—in abject the third leading cause of death in the Resolved by the Senate (the House of Rep- resentatives concurring), That it is the sense poverty. The Zapatista uprising was a United States, and immune-mediated reflection of that injustice and despair, diseases continue to exact a consider- of Congress that the Secretary of State should— and the political tension and violence able toll. NIAID-supported research (1) take effective measures to ensure that of recent years has only exacerbated will continue to provide the necessary United States assistance and exports of their plight. tools to develop diagnostic tests, new equipment to Mexican security forces— To his credit, President Zedillo has and improved treatments, vaccines, (A) are used primarily for counter-narcot- called for a resumption of negotiations and other means to combat the micro- ics purposes; and (B) do not contribute to human rights vio- and has visited Chiapas several times. bial threats of today and those of the Recently, his government invited Mary future, and to address diseases of the lations; (2) encourage the Government of Mexico to Robinson, the U.N. High Commissioner immune system. reduce political tension and violence in for Human Rights, to visit Mexico to I am submitting this resolution Chiapas by disarming paramilitary groups discuss the Chiapas situation. I wel- today to demonstrate the support of and decreasing its military presence there; come that. But there remains a deep the United States Senate for the (3) commend the Government of Mexico for distrust between the two sides, and no inviting the United Nations High Commis- NIAID, the NIH and all of the dedicated sioner for Human Rights to visit Mexico to sign that the government’s strategy is professionals who have devoted their discuss the Chiapas conflict; working. This resolution calls on our lives to improving the quality of the (4) encourage the Government of Mexico Secretary of State to encourage the nation’s health.∑ and the Zapatista National Liberation Army Mexican Government and the October 9, 1998 CONGRESSIONAL RECORD — SENATE S12185

Zapatistas to support negotiations that miserable conditions as their parents, LIEBERMAN, and Mr. GRAMS) submitted address the underlying causes of the their parents’ parents, and their grand- the following resolution; which was re- conflict, to achieve lasting peace. parents’ grandparents, and they deeply ferred to the Committee on Foreign Mr. President, this resolution is not distrust the government. Relations: meant to embarrass or interfere. It is Mr. President, the United States and S. RES. 294 to convey our concern about the people Mexico share many interests. We have of Chiapas, and the urgent need for worked together to address concerns on Whereas on September 2, 1998, Malaysia’s concrete progress to resolve a conflict both sides of the border. I have no Prime Minister Mahathir Mohamad dis- that has cost many innocent lives and doubt that the government and the missed Deputy Prim Minister Dato Seri Anwar Ibrahim; which threatens the economic and po- Zapatistas can solve this problem, if litical development of our southern they want to. But we must also recog- Whereas over the past year, Dato Seri nize that violence and instability in Anwar has advocated adopting meaningful neighbor. economic structural reforms to combat an Many Senators may not know the Mexico directly affect United States increasingly deteriorating economy—a view history of the Chiapas conflict. After economic and security interests, and which runs counter to those of Dr. Mahathir; human rights abuses, wherever and the 1994 uprising, the Zapatistas and Whereas after being dismissed, Dato Seri the government tried to resolve the however they occur, deserve our atten- Anwar began touring the country and pub- conflict peacefully. Those negotiations tion. licly criticizing Dr. Mahathir and the poli- collapsed in 1996 when the Mexican This Resolution reflects a balanced cies of the ruling United Malays Organiza- Government walked away from a par- approach. Neither side in the conflict is tion Baru (UMNO) party; tial agreement which would have given blameless. To resolve it peacefully, Whereas in apparent reaction to this criti- the inhabitants of Chiapas greater both must want peace and be willing to cism Dato Seri Anwar was arrested on Sep- rights. take steps to create the conditions tember 20, 1998, and held under the provi- Since then the situation has gotten that make it possible for good faith ne- sions of the Malaysian Internal Security Act worse. Last December, Mexican para- gotiations to succeed, and then sit (ISA); military forces killed 45 unarmed civil- down at the table together. Whereas the ISA removes arrested individ- ians in the village of Acteal. In June, The Resolution urges the Secretary uals from the protections afforded criminal two police officers and eight villagers of State to ensure that the United defendants under Malaysia’s constitution States is not contributing to the politi- and statutes, and consequently Dato Seri died when Mexican soldiers and police Anwar was held in an undisclosed location clashed with Zapatista supporters. cal violence, by reaffirming current law which limits assistance and ex- without any formal charges being lodged There are now tens of thousands of against him; Mexican soldiers who patrol the roads ports of equipment only to Mexican se- curity forces who are primarily in- Whereas on September 29, 1998, Dato Seri in and out of Chiapas in armored vehi- Anwar was formally charged with nine cles. They patrol the skies in low fly- volved in counter-narcotics activities counts of corruption and sexual misconduct, ing helicopters. They surround the im- and who do not commit human rights including four sodomy counts, to which an- poverished communities of Zapatista abuses. other count was later added; It calls on the Mexican Government supporters, who, not surprisingly, see Whereas the vague nature of the charges, to respect the rights of American citi- the government as their enemy. On top as well as the fact that two of the govern- zens and human rights monitors in of that, there are armed paramilitary ment’s ‘‘witnesses’’ have already recanted, Mexico. groups who have been responsible for could reasonably lead to a conclusion that Mr. President, some may ask why we the charges were manufactured by the gov- some of the worst atrocities. are submitting this Resolution today, ernment for maximum shock value to dis- The dissolution of the National Medi- when this conflict has been simmering credit Dato Seri Anwar and silence him; ation Commission after the resignation for years. One reason is that after all Whereas when Dato Seri Anwar appeared of its President, Bishop Samuel Ruiz, this time the problem is no closer to at his arraignment, he had been beaten by has further impeded efforts to resolve being solved. It has gotten worse, not police while in custody; and told the judge the conflict peacefully. better. The recent flooding has caused that on his first night of detention, while I regularly receive reports of violence an urgent, humanitarian crisis among handcuffed and blindfolded, that he was ‘‘boxed very hard on my head and lower jaw or harassment directed against human displaced people in Chiapas who are rights monitors, including American and left eye . . . I was then slapped very hard, struggling to survive. And last week’s left and right, until blood came out from my citizens, who have been summarily ex- elections showed, not surprisingly, pelled from Mexico for activities that nose and my lips cracked. Because of this I that fully half the people in Chiapas could not walk or see properly’’; amount to nothing more than criticiz- have no faith in the political process. ing the policies of the Mexican Govern- Whereas to substantiate his claims, Dato In short, the status quo is unaccept- Seri Anwar showed the court a large bruise ment. able. The violence is unacceptable. The on his arm; his swollen black eye was evi- One case I have followed closely in- lack of any meaningful peace process is dent to everyone in the courtroom; volves an American priest who lived in unacceptable. There is no reason why Whereas Dr. Mahathir suggested that Dato Chiapas for some 19 years. He was ar- so many civilians have died. There is Seri Anwar inflicted the injuries to himself rested, driven to the airport, accused of no reason why the causes of the con- in order to gain public sympathy; engaging in illegal political activity on flict cannot be openly discussed and ef- Whereas since its independence Malaysia the basis of anonymous, unsubstan- fectively addressed. has been transformed from a divided multi- tiated allegations, and summarily ex- This Resolution sends a message to racial developing nation into a modern, cos- pelled. Efforts by myself, the American the Mexican Government, the mopolitan, economically sophisticated coun- Ambassador, and the Department of Zapatistas, our own administration try; and State to correct this injustice have and the international community that Whereas the government’s actions in case been entirely unsuccessful. The Mexi- an intensified effort is needed urgently of Dato Seri Anwar seriously damage the can Government has consistently mis- to resolve the conflict peacefully. reputation of Malaysia in the eyes of the rest represented the facts in his case. Mr. President, I want to thank the of the world; Now therefore be it Despite President Zedillo’s repeated other Senators who have cosponsored Resolved by the Senate, That it is the sense calls for renewed dialogue with the this resolution of the Senate that— Zapatistas and their supporters, and f (1) the Malaysian government should take despite the fact that the Zapatistas do every step to safeguard the rights of Dato not pose a credible threat to the Mexi- SENATE RESOLUTION 294 EX- Seri Anwar, ensure that any charges brought can Government, the Mexican Govern- PRESSING THE SENSE OF THE against him are not spurious, afford him a fair and open trial, and fully investigate and ment’s actions have not improved the SENATE WITH RESPECT TO DE- VELOPMENTS IN MALAYSIA AND prosecute those responsible for his mistreat- situation. The government seems to be- ment while in detention; and that lieve that it can solve the problem by THE ARREST OF DATO SERI ANWAR IBRAHIM (2) all Malaysians should be permitted to simultaneously threatening and hold- express their political views in a peaceful ing out promises to Zapatista support- Mr. THOMAS (for himself, Mr. and orderly fashion without fear of arrest or ers, even though they live in the same KERRY, Mr. SMITH of Oregon, Mr. intimidation. S12186 CONGRESSIONAL RECORD — SENATE October 9, 1998 SENATE RESOLUTION 295 TO EX- detoxification and the comprehensive treat- dressed with careful deliberation, ex- PRESS THE SENSE OF THE SEN- ment of the pathology of drug addiction; tensive dialogue and a thorough exam- ATE CONCERNING THE DEVELOP- (B) addresses other human needs that con- ination. Our policies and programs MENT OF EFFECTIVE METHODS tribute to recidivism among recovering her- must be designed to free heroin addicts oin addicts; and from their addition, not hook them on FOR ELIMINATING THE USE OF (C) provides opportunities for former ad- HEROIN dicts to become self-sufficient, productive another government-condoned drug. The resolution we are submitting Mr. COATS (for himself, Mr. MCCAIN, members of society. today calls on Congress to focus on de- and Mr. COVERDELL) submitted the fol- Mr. MCCAIN. Mr. President, I am here veloping effective policies and program lowing resolution; which was referred today with my colleagues, Senator for ending heroin addiction. We should COATS and Senator COVERDELL, to sub- to the Committee on Labor and Human be looking at all alternatives to meth- mit a resolution providing much need- Resources: adone treatment, especially those that ed direction to our nation’s battle S. RES. 295 do not involve transferring addiction against heroin addiction. Whereas heroin use in the United States or dependence on substances. We continues to increase; Drug abuse continues to plague our society, destroying families, futures should also include programs to pro- Whereas drug use among teenagers in the vide training and support to former ad- United States is increasing and the number and opportunities for millions of Amer- dicts to help them become productive of teenagers that are using heroin for the icans each year. Addiction to drugs, members of our society. And we should first time is higher than any other number particularly devastating drugs like be working to develop drug strategies previously determined; heroin, endangers the well-being of all that will further our goal of a drug-free Whereas between 1992 and 1996, heroin use citizens, particularly our children, and among college-age students increased an es- America. thus the future of this nation. timated 10 percent; Let me take a moment to thank my Recent statistics show dramatic in- Whereas an estimated 810,000 chronic her- dear friend, DAN COATS, for his work in creases in drug use among children and oin addicts live in the United States; putting together this resolution. His pain a chilling image of the obstacles Whereas an estimated 115,000 heroin ad- thoughtful and caring devotion to im- facing our nation before we can claim dicts in the United States are currently par- proving the lives of children and the ticipating in methadone programs; victory in the battle against drugs. In less fortunate in our society will be Whereas methadone is a synthetic opiate a 1997 study, almost 12 percent of chil- and the use of methadone in treatment for sorely missed. dren between the ages of 12 and 17 re- Mr. President, I realize that time is heroin addiction results in the transfer of ad- port using an illicit drug in the preced- diction from one drug to another drug; short in this Congress, but I strongly Whereas heroin addicts and methadone ad- ing 30 days. The number of children believe that eliminating drug abuse dicts are unable to function as self-suffi- using heroin for the first time is at its and addiction in America should be a cient, productive members of society; highest level in 30 years, and today high priority for the Administration Whereas methadone addicts who attempt there are over 810,000 heroin addicts in and Congress. I urge my colleagues to to become drug free experience the same dif- our country. give careful consideration to this issue ficult withdrawal process as that experienced Clearly, we are still quite far from and join in working toward that goal in by heroin addicts; winning the war drugs. the 106th Congress. Whereas the Clinton Administration, This is why I am concerned and, hon- through the Office of National Drug Control Mr. COVERDELL. Mr. President, estly, frustrated by the policies which today I join Senator COATS and Sen- Policy, is directing the drug policy of the are being promoted by the Office of Na- United States toward the wrong goals by an- ator MCCAIN in submitting a Senate nouncing a new heroin policy; tional Drug Control Policy (ONDCP) to Resolution renouncing the recent pro- Whereas that heroin policy would double combat heroin addiction. Under the di- posal by the Administration to expand the number of heroin addicts transferred to rection of General McCaffrey, the methadone maintenance programs. methadone addiction, loosen controls with ONDCP and the Administration have Methadone is a so-called ‘‘treatment’’ respect to the licensing of methadone dis- announced their decision to spend $3.7 for heroin addiction. Heroin is a highly pensers, and promote methadone addiction billion to double the number of heroin as the principal means of ending heroin ad- addictive opiate which leads its users addicts in methadone maintenance pro- down a path of crime and self-destruc- diction; grams, which ONDCP has unilaterally Whereas no official responsible for that tion, and the prescription of metha- policy has consulted with Congress concern- chosen as the preferred treatment for done is simply a means to sustain ad- ing that policy and the Clinton Administra- heroin addicts. diction. My colleagues and I do realize tion lacks sufficient statutory and budgetary Mr. President, I have serious con- the need for help, but do not believe authority to carry out that policy; and cerns about this recently announced the answer is exchanging one addiction Whereas in promoting methadone addic- policy. for another. tion as the preferred treatment for heroin First, methadone treatment pro- The Administration has failed to con- addiction, the Clinton Administration has grams simply transfer addiction from sult Congress of its plan to increase the abandoned heroin addicts to a lifetime of one drug, heroin, to another drug, number of methadone maintenance Government-sponsored drug dependency: methadone. Methadone treatment Now, therefore, be it programs and to loosen regulations of Resolved, That it is the sense of the Senate merely transfers dependency. It does licensed methadone dispensers. We that— nothing to provide addicts with the frown upon the idea of paying for drug (1) the Federal Government should adopt a training and support necessary to func- addiction. Our Resolution states the zero-tolerance drug-free policy that has as tion as self-sufficient, productive mem- need for Congressional hearings in its principal objective the elimination of bers of society. Methadone mainte- order to compare the Administration’s drug abuse and addiction, including both nance programs alone force individuals proposal with alternative drug-free methadone and heroin; into a life of government-sponsored treatment programs. (2) Congress should conduct a thorough ex- drug dependency. Alternatives such as the Ready, Will- amination of the national drug control pol- Second, ONDCP did not consult with icy of the United States to determine the ing and Able program have been ex- reasons for the failure of methadone and Congress about this significant and ex- tremely successful in helping Ameri- methadone maintenance programs to elimi- pensive policy decision. The simple cans who are addicted to drugs, home- nate heroin addiction; fact is that ONDCP has neither the less, or in many cases, both. This pro- (3) Congress should carefully examine al- statutory nor budget authority to im- gram is based on community. It pro- ternative approaches to curing heroin addic- plement this policy without Congres- vides wages earned from community tion, and focus on treatments that eliminate sional approval. And it is not clear based jobs in exchange for room, board dependence on, or addiction to, any sub- that spending nearly $4 billion on ex- and positive reinforcement in a drug- stance or drug; and panded methadone maintenance pro- free environment. I believe comprehen- (4) Congress should work with the Clinton Administration to develop an effective drug grams is a wise or effective use of the sive treatment programs such as this control policy that— resources available to combat drug are a positive step in our war against (A) includes a clear and comprehensive abuse and addiction in this country. drugs. strategy to provide for a transition to a zero- Mr. President, eradicating heroin use America will have achieved nothing tolerance, drug-free program that is based on is a difficult issue which must be ad- in the fight against drugs if we keep October 9, 1998 CONGRESSIONAL RECORD — SENATE S12187 funding programs that allow us to look of an estate not subject to taxes. But a ployees of the Senate with respect to the other way without looking at the drafting error in the 1997 Balanced any subpoena, order, or request for tes- facts. We need to hear from those who Budget Agreement failed to include the timony relating to their official re- are methadone users, those who are accompanying phase out of the exclu- sponsibilities; previous methadone users, and those sion on estates over $17 million. Whereas, by the privileges of the Sen- who administer methadone. We need to Clearly this error needs to be fixed. ate of the United States and Rule XI of look at statistics, look at current fund- Letting this mistake stand uncorrected the Standing Rules of the Senate, no ing, and look at current problems with- will cost the American taxpayers near- evidence under the control or in the in the programs. I don’t believe we ly $900 million over the next ten years. possession of the Senate may, by the have solved anyone’s drug addiction if To give you an idea of how much this judicial process, be taken from such we can still call them an addict. Meth- provision does to benefit the few, con- control or possession but by permission adone users are addicts and they face sider that in 1995, the Internal Revenue of the Senate; the same withdrawals as those on her- Service estimates that just 300 tax re- Whereas, when it appears that evi- oin. Let’s find solutions to our Nation’s turns were filed on estates over $20 mil- dence under the control or in the pos- drug problems, not follow the Adminis- lion. session of the Senate may promote the tration’s example, which further feeds Congress had the opportunity to cor- administration of justice, the Senate and funds drug addiction. rect this error during consideration of will take such action as well promote f the IRS Reform bill this year. Regret- the ends of justice consistently with tably, the objections of a few to mak- the privileges of the Senate: Now, SENATE RESOLUTION 296—EX- ing this right overcame the support of therefore, be it PRESSING THE SENATE REGARD- the many for doing so. Resolved, That Elizabeth Criner, and ING THE COMPLETION OF CON- Meanwhile, Mr. President, self-em- any other former or current Senate STRUCTION OF A WWII MEMO- ployed Americans are struggling to employee from whom testimony may RIAL cope with the rising cost of health in- be required, are authorized to testify in MR. KERREY submitted the follow- surance, which they—unlike Americans the case of Student Loan Funding of ing resolution; which was considered employed by others—cannot fully de- Idaho, Inc. v. Riley, et al., except con- and agreed to: duct from their taxable income. The cerning matters for which a privilege S. RES. 296 face of their struggle is most evident should be asserted. Whereas World War II is the defining event on farms and ranches. In Nebraska, Sec. 2. The Senate Legal Counsel is producers are facing plunging commod- of the 20th century; authorized to represent Senator LARRY Whereas in World War II, over 16,000,000 ity prices at the same time they face CRAIG, Elizabeth Criner, and any other American men and women served the Nation, soaring costs of living, especially for Member or employee of the Senate in of which nearly 300,000 were killed and over health insurance. Today they can de- 670,000 were wounded; connection with the testimony author- duct 40 percent of the cost of their in- ized in section one of this resolution. Whereas in Public Law 103–422 (108 Stat. surance. Under current law, they can- 4356), Congress approved the location of a f memorial to this epic event in Area I of the not fully deduct that cost until 2007. District of Columbia and its environs, as de- So, my proposal is simple. Let’s close SENATE RESOLUTION 298—CON- scribed in the Act entitled ‘‘An Act to pro- the loophole that everyone admits was DEMNING THE TERROR, VENGE- vide standards for placement of commemora- an accident, and use that money to ac- ANCE, AND HUMAN RIGHTS tive works on certain Federal lands in the celerate the full deductibility of health ABUSES AGAINST THE CIVILIAN District of Columbia and its environs, and insurance for the self-employed. It’s a POPULATION OF SIERRA LEONE for other purposes’’, approved November 14, clear choice between a loophole that Mr. ABRAHAM submitted the follow- 1986 (40 U.S.C. 1001 et seq.); and nobody wanted to exist and entre- Whereas Congress has traditionally pro- ing resolution; which was referred to preneurs who—especially those on our vided funding for the memorials commemo- the Committee on Foreign Relations: farms and ranches—may not exist rating President Thomas Jefferson and S. RES. 298 President Abraham Lincoln, the monument much longer if we don’t get them some to President George Washington, and the Ko- help. Whereas the ousted Armed Forces Revolu- rean War Veterans Memorial: Now, there- While I recognize time is short for tionary Council (AFRC) military junta and fore, be it passing this bill this year, I urge my the rebel fighters of the Revolutionary Resolved, United Front (RUF) have mounted a cam- colleagues to join me in supporting paign of terror, vengeance, and human rights SECTION 1. FUNDING OF A WORLD WAR II MEMO- this legislation and in pursuing this RIAL. abuses on the civilian population of Sierra goal next year. Leone; It is the sense of the Senate that, on com- Whereas the AFRC and RUF violence pletion of construction of a World War II Me- f against civilians continues with at least 1,200 morial in Area I of the District of Columbia SENATE RESOLUTIONS 297—AU- persons having hands or feet amputated by and its environs, as described in that Act, THORIZING TESTIMONY AND rebels; Congress should provide funding for the Whereas the International Committee of maintenance, security, and custodial and REPRESENTATION OF FORMER the Red Cross estimates that only 1 in 4 vic- long-term care of the memorial by the Na- AND CURRENT SENATE EMPLOY- tims of mutilation actually makes it to med- tional Park Service. EES AND REPRESENTATION OF A SENATOR ical help; Mr. KERRY. Mr. President, I have a Whereas the AFRC and RUF continue to very simple proposition for the Senate. Mr. LOTT (for himself and Mr. abduct children and forcibly train them as Let’s close an accidental tax loophole DASCHLE) submitting the following res- combatants; for the heirs of people who leave es- olution; which was considered and Whereas UNICEF estimates the number of tates worth more than $17 million and agreed to: children forcibly abducted since March 1998 exceeds 3,000; use the savings to help self-employed S. RES. 297 Whereas the consequences of this campaign Americans—like the thousands of en- Whereas, in the case of Student Loan have been the flight of more than 250,000 ref- trepreneurs on Nebraska’s farms and Fund of Idaho, Inc. v. Riley, et al., Case ugees to Guinea and Liberia in the last 6 ranches—afford the soaring cost of No. CV 94–0413–S–LMB, pending in the months and the increase of over 250,000 dis- health care. United States District Court for the placed Sierra Leoneans in camps and towns Today I am submitting legislation to District of Idaho, testimony has been in the north and east; accomplish that purpose. requested from Elizabeth Criner, a Whereas the Governments of Guinea and The facts are very simple. Prior to former employee of Senator LARRY Liberia are having great difficulty caring for the huge number of refugees, now totaling 1997, when we passed the 1997 Balanced CRAIG; Budget Agreement, the first $600,000 of Whereas, pursuant to sections 703(a) 600,000 in Guinea and Liberia, and emergency appeals have been issued by the United Na- an estate was excluded from taxes. The and 704(a)(2) of the Ethics in Govern- tions High Commission for Refugees for old law gradually phased out this ex- ment Act of 1978, 2 U.S.C. §§ 288b(a) and $7,300,000 for emergency food, shelter, and clusion once an estate reached $17 mil- 288c(a)(2), the Senate may direct its sanitation, and medical, educational, psy- lion. The 1997 Act increases the value counsel to represent Senators and em- chological, and social services; S12188 CONGRESSIONAL RECORD — SENATE October 9, 1998 Whereas starvation and hunger-related AMENDMENTS SUBMITTED On page 10, line 5, strike ‘‘Route 66’’ and deaths have begun in the north where more insert ‘‘the Route 66 corridor’’. than 500 people have died since August 1, On page 10, line 11, strike ‘‘Route 66’’ and 1998, a situation that will only get worse in UNITED STATES ROUTE 66 insert ‘‘the Route 66 corridor’’. the next months; On page 10, line 12, strike ‘‘sec. 4.’’ and in- Whereas the humanitarian community is sert ‘‘sec. 3.’’. unable, because of continuing security con- CHAFEE (AND OTHERS) On page 10, line 16, strike ‘‘Route 66’’ and cerns, to deliver food and medicine to the AMENDMENT NO. 3800 insert ‘‘the Route 66 corridor’’. vulnerable groups within the north and east On page 11, strike lines 1 and 2 and insert of Sierra Leone; Mr. LOTT (for Mr. CHAFEE for him- the following: Whereas the Economic Community of West self, Mr. DOMENICI, Mr. BINGAMAN, and needs for preservation of the Route 66 cor- African States and its peacekeeping arm, the Mr. WARNER) proposed an amendment ridor. Economic Community of West African to the bill (S. 2133) to designate former On page 11, line 7, strike ‘‘histories of States Military Observer Group (ECOMOG), United States Route 66 as ‘‘America’s Route 66’’ and insert ‘‘histories of events are doing their best, but are still lacking in Main Street’’ and authorize the Sec- that occurred along the Route 66 corridor’’. the logistic support needed to either bring retary of the Interior to provide assist- On page 11, line 14, strike ‘‘Route 66’’ and insert ‘‘the Route 66 corridor’’. this AFRC and RUF rebel war to a conclu- ance; as follows: sion or force a negotiated settlement; On page 11, line 18, strike ‘‘sec. 5.’’ and in- Whereas arms and weapons continue to be On page 6, strike lines 12 through 18 and in- sert ‘‘sec. 4.’’. supplied to the AFRC and RUF in direct vio- sert the following: Amend the title so as to read: ‘‘A bill to lation of a United Nations arms embargo; (1) ROUTE 66 CORRIDOR.—The term ‘‘Route preserve the cultural resources of the Route Whereas the United Nations Under Sec- 66 corridor’’ means structures and other cul- 66 corridor and to authorize the Secretary of retary for Humanitarian Affairs and Emer- tural resources described in paragraph (3), the Interior to provide assistance.’’. gency Relief Coordinator, Amnesty Inter- including— f national, Human Rights Watch, and Refu- (A) public land within the immediate vi- gees International, following visits to Sierra cinity of those portions of the highway for- VALLEY FORGE NATIONAL Leone in May and June 1998, condemned, in merly designated as United States Route 66; HISTORICAL PARK the strongest terms, the terrible human and rights violations done to civilians by the (B) private land within that immediate vi- AFRC and RUF rebels; and cinity that is owned by persons or entities MURKOWSKI AMENDMENT NO. 3801 that are willing to participate in the pro- Whereas the Special Representative of the Mr. LOTT (for Mr. MURKOWSKI) pro- United Nations Secretary General for Chil- grams authorized by this Act. On page 6, lines 22 and 23, strike ‘‘cultural posed an amendment to the bill (S. dren and Armed Conflict, following a May resources related to Route 66’’ and insert 2401) to authorize the addition of the 1998 visit to Sierra Leone, called upon the ‘‘preservation of the Route 66 corridor’’. Paoli Battlefield site in Malvern, Penn- United Nations to make Sierra Leone one of On page 7, strike lines 1 through 9 and in- the pilot projects for the rehabilitation of sylvania, to Valley Forge National His- sert the following: child combatants: Now, therefore, be it torical Park; as follows: (3) PRESERVATION OF THE ROUTE 66 COR- Strike all after the enacting clause and in- Resolved, That the Senate— RIDOR.—The term ‘‘preservation of the Route sert the following: (1) urges the President and the Secretary 66 corridor’’ means the preservation or res- of State to give high priority to solving the toration of structures or other cultural re- SECTION 1. ADDITION OF THE PAOLI BATTLE- conflict in Sierra Leone and to bring stabil- sources of businesses, sites of interest, and FIELD SITE TO THE VALLEY FORGE NATIONAL HISTORICAL PARK. ity to West Africa in general; other contributing resources that— Section 2(a) of Public Law 94–337 (16 U.S.C. (2) urges the Department of State to give (A) are located within the land described in 410aa–1(a)) is amended in the first sentence the needed logistical support to ECOMOG paragraph (1); by striking ‘‘which shall’’ and inserting ‘‘and and the Government of Sierra Leone to bring (B) existed during the route’s period of out- the area known as the ‘Paoli Battlefield’, lo- standing historic significance (principally this conflict to a rapid conclusion; cated in the borough of Malvern, Pennsyl- between 1933 and 1970), as defined by the (3) condemns the use of children as com- vania, described as the ‘‘Proposed Addition study prepared by the National Park Service batants in the conflict in Sierra Leone; to Paoli Battlefield’’ on the map numbered and entitled ‘‘Special Resource Study of (4) urges the establishment of a secure hu- 71572 and dated 2–17–98, (referred to in this Route 66’’, dated July 1995; and manitarian corridor to strategic areas in the Act as the ‘Paoli Battlefield’) which map (C) remain in existence as of the date of en- north and east of Sierra Leone for the safe shall’’. delivery of food and medicines by the Gov- actment of this Act. On page 7, line 15, strike ‘‘Route 66’’ and SEC. 2. COOPERATIVE MANAGEMENT OF PAOLI ernment of Sierra Leone and humanitarian BATTLEFIELD. agencies already in the country mandated to insert ‘‘the Route 66 corridor’’. On page 7, strike lines 16 through 18. Section 3 of Public Law 94–337 (16 U.S.C. deliver this aid; 410aa–2), is amended by adding at the end the (5) urges the President and the Secretary On page 7, line 19, strike ‘‘sec. 3.’’ and in- sert ‘‘sec. 2.’’. following: ‘‘The Secretary may enter into a of State to strictly enforce the United Na- cooperative agreement with the borough of tions arms embargo on the Armed Forces On page 7, lines 23 and 24, strike ‘‘preserva- tion of Route 66’’ and insert ‘‘preservation of Malvern, Pennsylvania for the management Revolutionary Council and Revolutionary by the borough of the Paoli Battlefield.’’. United Front; the Route 66 corridor’’. SEC. 3. ACQUISITION OF LAND FOR PAOLI BAT- (6) urges the President and the Secretary On page 8, line 9, strike ‘‘to preserve Route 66’’ and insert ‘‘for the preservation of the TLEFIELD. of State to work with the Economic Commu- Route 66 corridor’’. Section 4(a) of Public Law 94–337 (16 U.S.C. nity of West African States to ensure there On page 8, line 15, strike ‘‘historic’’ and in- 410aa–3) is amended by striking ‘‘not more are sufficient African forces and arms pro- sert ‘‘Historic’’. than $13,895,000 for the acquisition of lands vided to its peacekeeping arm, ECOMOG; On page 8, line 16, strike ‘‘preservation of and interests in lands’’ and inserting ‘‘not (7) urges the President and the Secretary Route 66;’’ and insert ‘‘preservation of the more than— of State to support the United Nations High Route 66 corridor;’’. ‘‘(1) $13,895,000 for the acquisition of land Commission for Refugees appeal for aid to On page 9, strike lines 1 through 11. and interests in land; and the Sierra Leonean refugees in Guinea, Libe- On page 9, line 12, strike ‘‘(2)’’ and insert ‘‘(2) if non-Federal funds in the amount of ria, and other countries; ‘‘(1)’’. not less than $1,000,000 are available for the (8) urges the President and the Secretary On page 9, line 15, strike ‘‘(3)’’ and insert acquisition and donation to the National of State to support the United Nations agen- ‘‘(2)’’. Park Service of land and interests in land cies and nongovernmental organizations On page 9, line 16, strike ‘‘(4)’’ and insert within the Paoli Battlefield, $2,500,000 for the working in Sierra Leone to bring humani- ‘‘(3)’’. acquisition of land interests in land within tarian relief and peace to the country; On page 9, line 17, strike ‘‘(5)’’ and insert the Paoli Battlefield’’. (9) urges the President and the Secretary ‘‘(4)’’. f of State to support the Government of Sierra On page 9, line 19, strike ‘‘(6)’’ and insert Leone in its demobilization, disarmament, ‘‘(5)’’. OREGON PUBLIC LAND TRANSFER and reconstruction plan for the country as On page 9, strike lines 20 through 22. AND PROTECTION ACT OF 1998 peace becomes a reality; and On page 9, line 23, strike ‘‘(f)’’ and insert (10) encourages and supports the United ‘‘(e)’’. Nations Special Representative of the Sec- On page 9, line 25, strike ‘‘preservation of WYDEN (AND SMITH) AMENDMENT retary General for Children and Armed Con- Route 66’’ and insert ‘‘preservation of the NO. 3802 flict, to continue in the efforts to work in Si- Route 66 corridor’’. erra Leone to establish programs designed to On page 10, line 2, strike ‘‘highway’’ and in- Mr. LOTT (for Mr. WYDEN for himself rehabilitate child combatants. sert ‘‘Route 66 corridor’’. and Mr. SMITH of Oregon) proposed an October 9, 1998 CONGRESSIONAL RECORD — SENATE S12189 amendment to the bill (S. 2513) to Deschutes County, Oregon (referred to in Sec. 111. Aquatic ecosystem restoration. transfer administrative jurisdiction this section as the ‘‘County’’), comprising Sec. 112. Beneficial uses of dredged material. over certain Federal land located with- approximately 544 acres and lying in Town- Sec. 113. Voluntary contributions by States and political subdivisions. in or adjacent Rogue River National ship 22, S., Range 10 E. Willamette Meridian, described as follows: Sec. 114. Recreation user fees. Forest and to clarify the authority of (A) Sec. 1: Sec. 115. Water resources development stud- the Bureau of Land Management to sell (i) Government Lot 3, the portion west of ies for the Pacific region. and exchange other Federal land in Or- Highway 97; Sec. 116. Missouri and Middle Mississippi egon; as follows: (ii) Government Lot 4; Rivers enhancement project. Sec. 117. Outer Continental Shelf. On page 2, before line 3, insert the follow- (iii) SENW, the portion west of Highway 97; SWNW, the portion west of Highway 97, Sec. 118. Environmental dredging. ing: Sec. 119. Benefit of primary flood damages NWSW, the portion west of Highway 97; TITLE III—CONVEYANCE TO DESCHUTES avoided included in benefit-cost SWSW, the portion west of Highway 97; COUNTY, OREGON analysis. (B) Sec. 2: Sec. 120. Control of aquatic plant growth. Sec. 301. Conveyance to Deschutes County, (i) Government Lot 1; Oregon. Sec. 121. Environmental infrastructure. (ii) SENE, SESW, the portion east of Hun- Sec. 122. Watershed management, restora- On page 2, strike lines 11 through 13 and in- tington Road; NESE; NWSE; SWSE; SESE, sert the following: tion, and development. the portion west of Highway 97; Sec. 123. Lakes program. depicted on the map entitled ‘‘BLM/Rogue (C) Sec. 11: Sec. 124. Dredging of salt ponds in the State River NF Administrative Jurisdiction Trans- (i) Government Lot 10; of Rhode Island. fer, North Half’’ and dated April 28, 1998, and (ii) NENE, the portion west of Highway 97; Sec. 125. Upper Susquehanna River basin, the map entitled ‘‘BLM/Rogue River NF Ad- NWNE; SWNE, the portion west of Highway Pennsylvania and New York. ministrative Jurisdiction Transfer, South 97; NENW, the portion east of Huntington Sec. 126. Small flood control projects. Half’’ and dated April 28, 1998, consisting of Road; SWNW, the portion east of Huntington Sec. 127. Small navigation projects. approximately Road; SENW. Sec. 128. Streambank protection projects. On page 3, strike lines 13 through 16 and in- (2) SUITABILITY FOR SALE.—The Secretary Sec. 129. Aquatic ecosystem restoration, sert the following: shall convey the land under paragraph (1) Springfield, Oregon. (1) LAND TRANSFER.—The Federal land de- only if the Secretary determines that the Sec. 130. Guilford and New Haven, Connecti- picted on the maps described in subsection land is suitable for sale through the land use cut. (a)(1), consisting of approximately 1,632 planning process. Sec. 131. Francis Bland Floodway Ditch. On page 4, strike lines 9 through 11 and in- (c) SPECIAL ACCOUNT.—The amount paid by Sec. 132. Caloosahatchee River basin, Flor- sert the following: the County for the conveyance of land under ida. subsection (b)— Sec. 133. Cumberland, Maryland, flood Federal land depicted on the maps described project mitigation. in subsection (a)(1), consisting of (1) shall be deposited in a special account in the Treasury of the United States; and Sec. 134. Sediments decontamination policy. On page 5, strike lines 9 through 11 and in- Sec. 135. City of Miami Beach, Florida. (2) may be used by the Secretary for the sert the following: Sec. 136. Small storm damage reduction purchase of environmentally sensitive land maps described in subsection (a)(1), consist- projects. east of Range Nine East in the State of Or- ing of approximately 960 acres within Sec. 137. Sardis Reservoir, Oklahoma. egon that is consistent with the goals and On page 6, strike lines 15 and 16 and insert Sec. 138. Upper Mississippi River and Illinois objectives of the land use planning process of the following: waterway system navigation the Bureau of Land Management. on the map entitled ‘‘BLM/Rogue River NF modernization. f Boundary Adjustment, North Half’’ and Sec. 139. Disposal of dredged material on dated April 28, 1998, and the map entitled beaches. WATER RESOURCES Sec. 140. Fish and wildlife mitigation. ‘‘BLM/Rogue River NF Boundary Adjust- DEVELOPMENT ACT OF 1998 Sec. 141. Upper Mississippi River manage- ment, South Half’’ and dated April 28, 1998. ment. On page 10, after line 3, add the following: Sec. 142. Reimbursement of non-Federal in- TITLE III—CONVEYANCE TO DESCHUTES CHAFEE AMENDMENT NO. 3803 terest. COUNTY, OREGON Sec. 143. Research and development program SEC. 301. CONVEYANCE TO DESCHUTES COUNTY, Mr. LOTT (for Mr. CHAFEE) proposed for Columbia and Snake Rivers OREGON. an amendment to the bill (S. 2131) to salmon survival. (a) PURPOSES.—The purposes of this section provide for the conservation and devel- Sec. 144. Nine Mile Run habitat restoration, are to authorize the Secretary of the Interior opment of water and related resources, Pennsylvania. to sell at fair market value to Deschutes to authorize the Secretary of the Army Sec. 145. Shore damage prevention or miti- County, Oregon, certain land to be used to gation. to construct various projects for im- Sec. 146. Larkspur Ferry Channel, Califor- protect the public’s interest in clean water provements to rivers and harbors of the in the aquifer that provides drinking water nia. for residents and to promote the public in- United States, and for other purposes; Sec. 147. Comprehensive Flood Impact-Re- terest in the efficient delivery of social serv- as follows: sponse Modeling System. ices and public amenities in southern Strike all after the enacting clause and in- Sec. 148. Study regarding innovative financ- Deschutes County, Oregon, by— sert the following: ing for small and medium-sized (1) providing land for private residential ports. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 149. Candy Lake project, Osage County, development to compensate for development (a) SHORT TITLE.—This Act may be cited as prohibitions on private land currently zoned Oklahoma. the ‘‘Water Resources Development Act of Sec. 150. Salcha River and Piledriver for residential development the development 1998’’. Slough, Fairbanks, Alaska. of which would cause increased pollution of (b) TABLE OF CONTENTS.—The table of con- Sec. 151. Eyak River, Cordova, Alaska. ground and surface water; tents for this Act is as follows: Sec. 152. North Padre Island storm damage (2) providing for the streamlined and low- Sec. 1. Short title; table of contents. reduction and environmental cost acquisition of land by nonprofit and restoration project. governmental social service entities that TITLE I—WATER RESOURCES DEVELOPMENT Sec. 153. Kanopolis Lake, Kansas. offer needed community services to residents Sec. 154. New York City watershed. of the area; Sec. 101. Definition. Sec. 155. City of Charlevoix reimbursement, (3) allowing the County to provide land for Sec. 102. Project authorizations. Michigan. community amenities and services such as Sec. 103. Project modifications. Sec. 156. Hamilton Dam flood control open space, parks, roads, and other public Sec. 104. Project deauthorizations. project, Michigan. spaces and uses to area residents at little or Sec. 105. Studies. Sec. 157. National Contaminated Sediment no cost to the public; and Sec. 106. Flood hazard mitigation and Task Force. (4) otherwise assist in the implementation riverine ecosystem restoration Sec. 158. Great Lakes basin program. of the Deschutes County Regional Problem program. Sec. 159. Projects for improvement of the Solving Project. Sec. 107. Shore protection. environment. (b) SALE OF LAND.— Sec. 108. Small flood control authority. Sec. 160. Water quality, environmental qual- (1) IN GENERAL.—The Secretary of the Inte- Sec. 109. Use of non-Federal funds for com- ity, recreation, fish and wild- rior, acting through the Director of the Bu- piling and disseminating infor- life, flood control, and naviga- reau of Land Management (referred to in this mation on floods and flood tion. section as the ‘‘Secretary’’) may make avail- damages. Sec. 161. Irrigation diversion protection and able for sale at fair market value to Sec. 110. Everglades and south Florida eco- fisheries enhancement assist- Deschutes County, Oregon, the land in system restoration. ance. S12190 CONGRESSIONAL RECORD — SENATE October 9, 1998 TITLE II—CHEYENNE RIVER SIOUX project area that have occurred since com- an estimated average annual cost of $602,000, TRIBE, LOWER BRULE SIOUX TRIBE, AND pletion of the report referred to in subpara- with an estimated annual Federal cost of STATE OF SOUTH DAKOTA graph (A) and any design modifications for $391,000 and an estimated annual non-Federal TERRESTRIAL WILDLIFE HABITAT the Folsom Dam and Reservoir made by the cost of $211,000. RESTORATION Secretary in implementing the measures re- (9) AMITE RIVER AND TRIBUTARIES, LOUISI- Sec. 201. Definitions. ferred to in clause (ii), and has issued a re- ANA, EAST BATON ROUGE PARISH WATERSHED.— Sec. 202. Terrestrial wildlife habitat restora- port on the review. The project for flood damage reduction and tion. (II) PRINCIPLES AND GUIDELINES.—The re- recreation, Amite River and Tributaries, Sec. 203. South Dakota Terrestrial Wildlife view shall be prepared in accordance with Louisiana, East Baton Rouge Parish Water- Habitat Restoration Trust the economic and environmental principles shed: Report of the Chief of Engineers, dated Fund. and guidelines for water and related land re- December 23, 1996, at a total cost of Sec. 204. Cheyenne River Sioux Tribe and sources implementation studies, and no con- $110,045,000, with an estimated Federal cost Lower Brule Sioux Tribe Ter- struction may be initiated unless the Sec- of $71,343,000 and an estimated non-Federal restrial Wildlife Habitat Res- retary determines that the remaining down- cost of $38,702,000. toration Trust Funds. stream elements are technically sound, envi- (10) BALTIMORE HARBOR ANCHORAGES AND Sec. 205. Transfer of Federal land to State of ronmentally acceptable, and economically CHANNELS, MARYLAND AND VIRGINIA.—The South Dakota. justified. project for navigation, Baltimore Harbor An- Sec. 206. Transfer of Corps of Engineers land (3) LLAGAS CREEK, CALIFORNIA.—The chorages and Channels, Maryland and Vir- for Indian Tribes. project for completion of the remaining ginia: Report of the Chief of Engineers, dated Sec. 207. Administration. reaches of the Natural Resources Conserva- June 8, 1998, at a total cost of $27,692,000, Sec. 208. Authorization of appropriations. tion Service flood control project at Llagas with an estimated Federal cost of $18,510,000 TITLE I—WATER RESOURCES Creek, California, undertaken pursuant to and an estimated non-Federal cost of DEVELOPMENT section 5 of the Watershed Protection and $9,182,000. ED LAKE RIVER AT CROOKSTON MIN SEC. 101. DEFINITION. Flood Prevention Act (16 U.S.C. 1005), sub- (11) R , - In this title, the term ‘‘Secretary’’ means stantially in accordance with the require- NESOTA.—The project for flood damage re- duction, Red Lake River at Crookston, Min- the Secretary of the Army. ments of local cooperation as specified in section 4 of that Act (16 U.S.C. 1004) at a nesota: Report of the Chief of Engineers, SEC. 102. PROJECT AUTHORIZATIONS. total cost of $34,300,000, with an estimated dated April 20, 1998, at a total cost of (a) PROJECTS WITH REPORTS.—The follow- Federal cost of $16,600,000 and an estimated $8,720,000, with an estimated Federal cost of ing projects for water resources development non-Federal share of $17,700,000. $5,567,000 and an estimated non-Federal cost and conservation and other purposes are au- (4) UPPER GUADALUPE RIVER, CALIFORNIA.— of $3,153,000. thorized to be carried out by the Secretary The Secretary may construct the locally pre- (12) PARK RIVER, NORTH DAKOTA.— substantially in accordance with the plans, ferred plan for flood damage reduction and (A) IN GENERAL.—Subject to the condition and subject to the conditions, described in recreation, Upper Guadalupe River, Califor- stated in subparagraph (B), the project for the respective reports designated in this sec- nia, described as the Bypass Channel Plan of flood control, Park River, Grafton, North tion: the Chief of Engineers dated August 18, 1998, Dakota, authorized by section 401(a) of the (1) RIO SALADO (SALT RIVER), ARIZONA.—The at a total cost of $132,836,000, with an esti- Water Resources Development Act of 1986 project for environmental restoration, Rio mated Federal cost of $42,869,000 and an esti- (100 Stat. 4121) and deauthorized under sec- Salado (Salt River), Arizona: Report of the mated non-Federal cost of $89,967,000. tion 1001(a) of the Water Resources Develop- Chief of Engineers, dated August 20, 1998, at (5) DELAWARE BAY COASTLINE: DELAWARE ment Act of 1986 (33 U.S.C. 579a), at a total a total cost of $85,900,000, with an estimated AND NEW JERSEY-BROADKILL BEACH, DELA- cost of $27,300,000, with an estimated Federal Federal cost of $54,980,000 and an estimated WARE.— cost of $17,745,000 and an estimated non-Fed- non-Federal cost of $30,920,000. (A) IN GENERAL.—The shore protection eral cost of $9,555,000. (2) AMERICAN RIVER WATERSHED, CALIFOR- project for hurricane and storm damage re- (B) CONDITION.—No construction may be NIA.— duction, Delaware Bay Coastline: Delaware initiated unless the Secretary determines (A) IN GENERAL.—The project for flood and New Jersey-Broadkill Beach, Delaware, through a general reevaluation report using damage reduction described as the Folsom Report of the Chief of Engineers dated Au- current data, that the project is technically Stepped Release Plan in the United States gust 17, 1998, at a total cost of $8,871,000, with sound, environmentally acceptable, and eco- Army Corps of Engineers Supplemental In- an estimated Federal cost of $5,593,000 and an nomically justified. formation Report for the American River estimated non-Federal cost of $3,278,000. (b) PROJECTS SUBJECT TO A FINAL RE- Watershed Project, California, dated March (B) PERIODIC NOURISHMENT.—Periodic nour- PORT.—The following projects for water re- 1996, at a total cost of $464,600,000, with an es- ishment is authorized for a 50-year period at sources development and conservation and timated Federal cost of $302,000,000 and an an estimated average annual cost of $651,000, other purposes are authorized to be carried estimated non-Federal cost of $162,600,000. with an estimated annual Federal cost of out by the Secretary substantially in accord- (B) IMPLEMENTATION.— $410,000 and an estimated annual non-Federal ance with the plans, and subject to the con- (i) IN GENERAL.—Implementation of the cost of $241,000. ditions recommended in a final report of the measures by the Secretary pursuant to sub- (6) HILLSBORO AND OKEECHOBEE AQUIFER Chief of Engineers as approved by the Sec- paragraph (A) shall be undertaken after com- STORAGE AND RECOVERY PROJECT, FLORIDA.— retary, if the report of the Chief is completed pletion of the levee stabilization and The project for aquifer storage and recovery not later than December 31, 1998: strengthening and flood warning features au- described in the United States Army Corps of (1) NOME HARBOR IMPROVEMENTS, ALASKA.— thorized by section 101(a)(1) of the Water Re- Engineers Central and Southern Florida The project for navigation, Nome Harbor Im- sources Development Act of 1996 (110 Stat. Water Supply Study, Florida, dated April provements, Alaska, at a total cost of 3662). 1989, and in House Document 369, dated July $24,280,000, with an estimated first Federal (ii) FOLSOM DAM AND RESERVOIR.—The Sec- 30, 1968, at a total cost of $27,000,000, with an cost of $19,162,000 and an estimated first non- retary may undertake measures at the Fol- estimated Federal cost of $13,500,000 and an Federal cost of $5,118,000. som Dam and Reservoir authorized under estimated non-Federal cost of $13,500,000. (2) SAND POINT HARBOR, ALASKA.—The subparagraph (A) only after reviewing the (7) INDIAN RIVER COUNTY, FLORIDA.—Not- project for navigation, Sand Point Harbor, design of such measures to determine if withstanding section 1001(a) of the Water Re- Alaska, at a total cost of $11,463,000, with an modifications are necessary to account for sources Development Act of 1986 (33 U.S.C. estimated Federal cost of $6,718,000 and an changed hydrologic conditions and any other 579a(a)), the project for shoreline protection, estimated first non-Federal cost of $4,745,000. changed conditions in the project area, in- Indian River County, Florida, authorized by (3) SEWARD HARBOR, ALASKA.—The project cluding operational and construction im- section 501(a) of that Act (100 Stat. 4134), for navigation, Seward Harbor, Alaska, at a pacts that have occurred since completion of shall remain authorized for construction total cost of $11,930,000, with an estimated the report referred to in subparagraph (A). through December 31, 2002. first Federal cost of $3,816,000 and an esti- The Secretary shall conduct the review and (8) LIDO KEY BEACH, SARASOTA, FLORIDA.— mated first non-Federal cost of $8,114,000. develop the modifications to the Folsom (A) IN GENERAL.—The project for shore pro- (4) HAMILTON AIRFIELD WETLAND RESTORA- Dam and Reservoir with the full participa- tection at Lido Key Beach, Sarasota, Flor- TION, CALIFORNIA.—The project for environ- tion of the Secretary of the Interior. ida, authorized by section 101 of the River mental restoration at Hamilton Airfield, (iii) REMAINING DOWNSTREAM ELEMENTS.— and Harbor Act of 1970 (84 Stat. 1819) and de- California, at a total cost of $55,100,000, with (I) IN GENERAL.—Implementation of the re- authorized by operation of section 1001(b) of an estimated Federal cost of $41,300,000 and maining downstream elements authorized the Water Resources Development Act of an estimated non-Federal cost of $13,800,000. pursuant to subparagraph (A) may be under- 1986 (33 U.S.C. 579a(b)), is authorized to be (5) OAKLAND, CALIFORNIA.— taken only after the Secretary, in consulta- carried out by the Secretary at a total cost (A) IN GENERAL.—The project for naviga- tion with affected Federal, State, regional, of $5,200,000, with an estimated Federal cost tion and environmental restoration, Oak- and local entities, has reviewed the elements of $3,380,000 and an estimated non-Federal land, California, at a total cost of to determine if modifications are necessary cost of $1,820,000. $214,900,000, with an estimated Federal cost to address changes in the hydrologic condi- (B) PERIODIC NOURISHMENT.—Periodic nour- of $128,600,000 and an estimated non-Federal tions, any other changed conditions in the ishment is authorized for a 50-year period at cost of $86,300,000. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12191

(B) BERTHING AREAS AND OTHER LOCAL (14) TAMPA HARBOR-BIG BEND CHANNEL, of $11,390,000 and an estimated non-Federal SERVICE FACILITIES.—The non-Federal inter- FLORIDA.—The project for navigation, Tampa cost of $3,495,000. ests shall provide berthing areas and other Harbor-Big Bend Channel, Florida, at a total (B) PERIODIC NOURISHMENT.—Periodic nour- local service facilities necessary for the cost of $11,348,000, with an estimated Federal ishment is authorized for a 50-year period at project at an estimated cost of $38,200,000. cost of $5,747,000 and an estimated non-Fed- an estimated average annual cost of (6) SOUTH SACRAMENTO COUNTY STREAMS, eral cost of $5,601,000. $4,565,000, with an estimated annual Federal CALIFORNIA.—The project for flood damage (15) BRUNSWICK HARBOR DEEPENING, GEOR- cost of $3,674,000 and an estimated annual reduction, environmental restoration, and GIA.—The project for navigation, Brunswick non-Federal cost of $891,000. recreation, South Sacramento County Harbor deepening, Georgia, at a total cost of (21) NEW JERSEY SHORE PROTECTION, BRIGAN- Streams, California at a total cost of $49,433,000, with an estimated Federal cost of TINE INLET TO GREAT EGG HARBOR, BRIGANTINE $65,410,000, with an estimated Federal cost of $32,083,000 and an estimated non-Federal cost ISLAND, NEW JERSEY.— $39,104,000 and an estimated non-Federal cost of $17,350,000. (A) IN GENERAL.—The shore protection of $26,306,000. (16) SAVANNAH HARBOR EXPANSION, GEOR- project for hurricane and storm damage re- (7) YUBA RIVER BASIN, CALIFORNIA.—The GIA.— duction, New Jersey Shore protection, Brig- project for flood damage reduction, Yuba (A) IN GENERAL.—Subject to subparagraph antine Inlet to Great Egg Harbor, Brigantine River Basin, California, at a total cost of (B), the Secretary may carry out the project Island, New Jersey, at a total cost of $25,850,000, with an estimated Federal cost of for navigation, Savannah Harbor expansion, $4,861,000, with an estimated Federal cost of $16,775,000 and an estimated non-Federal cost Georgia, substantially in accordance with $3,160,000 and an estimated non-Federal cost of $9,075,000. the plans, and subject to the conditions, rec- of $1,701,000. (8) DELAWARE BAY COASTLINE: DELAWARE ommended in a final report of the Chief of (B) PERIODIC NOURISHMENT.—Periodic nour- AND NEW JERSEY-PORT MAHON, DELAWARE.— Engineers, with such modifications as the ishment is authorized for a 50-year period at (A) IN GENERAL.—The shore protection Secretary deems appropriate, at a total cost an estimated average annual cost of $454,000, project for ecosystem restoration, Delaware of $223,887,000 (of which amount a portion is with an estimated annual Federal cost of Bay Coastline: Delaware and New Jersey- authorized for implementation of the mitiga- $295,000 and an estimated annual non-Federal Port Mahon, Delaware, at a total cost of tion plan), with an estimated Federal cost of cost of $159,000. $7,563,000, with an estimated Federal cost of $141,482,000 and an estimated non-Federal (22) NEW JERSEY SHORE PROTECTION, TOWN- $4,916,000 and an estimated non-Federal cost cost of $82,405,000, if the final report of the SENDS INLET TO CAPE MAY INLET, NEW JER- of $2,647,000. Chief of Engineers is completed by December SEY.— (B) PERIODIC NOURISHMENT.—Periodic nour- 31, 1998. (A) IN GENERAL.—The shore protection ishment is authorized for a 50-year period at (B) CONDITIONS.—The project authorized by project for hurricane and storm damage re- an estimated average annual cost of $238,000, subparagraph (A) may be carried out only duction and ecosystem restoration, New Jer- with an estimated annual Federal cost of after— sey Shore protection, Townsends Inlet to $155,000 and an estimated annual non-Federal (i) the Secretary, in consultation with af- Cape May Inlet, New Jersey, at a total cost cost of $83,000. fected Federal, State, regional, and local en- of $55,204,000, with an estimated Federal cost (9) DELAWARE BAY COASTLINE: DELAWARE tities, has reviewed and approved an Envi- of $35,883,000 and an estimated non-Federal AND NEW JERSEY-ROOSEVELT INLET-LEWES ronmental Impact Statement that includes— cost of $19,321,000. BEACH, DELAWARE.— (I) an analysis of the impacts of project (B) PERIODIC NOURISHMENT.—Periodic nour- (A) IN GENERAL.—The shore protection depth alternatives ranging from 42 feet ishment is authorized for a 50-year period at project for navigation mitigation and hurri- through 48 feet; and an estimated average annual cost of cane and storm damage reduction, Delaware (II) a selected plan for navigation and asso- $6,319,000, with an estimated annual Federal Bay Coastline: Delaware and New Jersey- ciated mitigation plan as required by section cost of $4,107,000 and an estimated annual Roosevelt Inlet-Lewes Beach, Delaware, at a 906(a) of the Water Resources Development non-Federal cost of $2,212,000. total cost of $3,326,000, with an estimated Act of 1986 (33 U.S.C. 2283); and (23) MEMPHIS HARBOR, MEMPHIS, TEN- Federal cost of $2,569,000 and an estimated (ii) the Secretary of the Interior, the Sec- NESSEE.— non-Federal cost of $757,000. retary of Commerce, and the Administrator (A) IN GENERAL.—Subject to subparagraph (B) PERIODIC NOURISHMENT.—Periodic nour- of the Environmental Protection Agency, (B), the project for navigation, Memphis Har- ishment is authorized for a 50-year period at with the Secretary, have approved the se- bor, Memphis, Tennessee, authorized by sec- an estimated average annual cost of $207,000, lected plan and have determined that the tion 601(a) of the Water Resources Develop- with an estimated annual Federal cost of mitigation plan adequately addresses the po- ment Act of 1986 (100 Stat. 4145) and de- $159,000 and an estimated annual non-Federal tential environmental impacts of the authorized under section 1001(a) of that Act cost of $48,000. project. (33 U.S.C. 579a(a)) is authorized to be carried (10) DELAWARE COAST FROM CAPE HENELOPEN (C) MITIGATION REQUIREMENTS.—The miti- out by the Secretary. TO FENWICK ISLAND, BETHANY BEACH/SOUTH gation plan shall be implemented in advance (B) CONDITION.—No construction may be BETHANY BEACH, DELAWARE.— of or concurrently with construction of the initiated unless the Secretary determines (A) IN GENERAL.—The shore protection project. through a general reevaluation report using project for hurricane storm damage reduc- (17) GRAND FORKS, NORTH DAKOTA, AND EAST current data, that the project is technically tion, Delaware Coast from Cape Henelopen to GRAND FORKS, MINNESOTA.—The project for sound, environmentally acceptable, and eco- Fenwick Island, Bethany Beach/South Beth- flood damage reduction and recreation, nomically justified. any Beach, Delaware, at a total cost of Grand Forks, North Dakota, and East Grand (24) METRO CENTER LEVEE, CUMBERLAND $22,094,000, with an estimated Federal cost of Forks, Minnesota, at a total cost of RIVER, NASHVILLE, TENNESSEE.—The project $14,361,000 and an estimated non-Federal cost $307,750,000, with an estimated Federal cost for flood damage reduction and recreation, of $7,733,000. of $154,360,000 and an estimated non-Federal Metro Certer Levee, Cumberland River, (B) PERIODIC NOURISHMENT.—Periodic nour- cost of $153,390,000. Nashville, Tennessee, at a total cost of ishment is authorized for a 50-year period at (18) BAYOU CASSOTTE EXTENSION, $5,931,000, with an estimated Federal cost of an estimated average annual cost of PASCAGOULA HARBOR, PASCAGOULA, MIS- $3,753,000 and an estimated non-Federal cost $1,573,000, with an estimated annual Federal SISSIPPI.—The project for navigation, Bayou of $2,178,000. cost of $1,022,000 and an estimated annual Cassotte extension, Pascagoula Harbor, (25) HOWARD HANSON DAM, WASHINGTON.— non-Federal cost of $551,000. Pascagoula, Mississippi, at a total cost of The project for water supply and ecosystem (11) JACKSONVILLE HARBOR, FLORIDA.—The $5,700,000, with an estimated Federal cost of restoration, Howard Hanson Dam, Washing- project for navigation, Jacksonville Harbor, $3,705,000 and an estimated non-Federal cost ton, at a total cost of $74,908,000, with an es- Florida, at a total cost of $27,758,000, with an of $1,995,000. timated Federal cost of $36,284,000 and an es- estimated Federal cost of $9,632,000 and an (19) TURKEY CREEK BASIN, KANSAS CITY, MIS- timated non-Federal cost of $38,624,000. estimated non-Federal cost of $18,126,000. SOURI AND KANSAS CITY, KANSAS.—The project SEC. 103. PROJECT MODIFICATIONS. (12) LITTLE TALBOT ISLAND, DUVAL COUNTY, for flood damage reduction, Turkey Creek (a) PROJECTS WITH REPORTS.— FLORIDA.—The shore protection project for Basin, Kansas City, Missouri, and Kansas (1) GLENN-COLUSA, CALIFORNIA.—The hurricane and storm damage prevention, Lit- City, Kansas, at a total cost of $43,288,000 project for flood control, Sacramento River, tle Talbot Island, Duval County, Florida, at with an estimated Federal cost of $28,840,000 California, authorized by section 2 of the Act a total cost of $5,802,000, with an estimated and an estimated non-Federal cost of entitled ‘‘An Act to provide for the control Federal cost of $3,771,000 and an estimated $17,448,000. of the floods of the Mississippi River and of non-Federal cost of $2,031,000. (20) LOWER CAPE MAY MEADOWS, CAPE MAY the Sacramento River, California, and for (13) PONCE DE LEON INLET, VOLUSIA COUNTY, POINT, NEW JERSEY.— other purposes’’, approved March 1, 1917 (39 FLORIDA.—The project for navigation and (A) IN GENERAL.—The shore protection Stat. 949), and modified by section 102 of the recreation, Ponce de Leon Inlet, Volusia project for navigation mitigation, ecosystem Energy and Water Development Appropria- County, Florida, at a total cost of $5,533,000, restoration, and hurricane and storm dam- tions Act, 1990 (103 Stat. 649), and further with an estimated Federal cost of $3,408,000 age reduction, Lower Cape May Meadows, modified by section 301(b)(3) of the Water Re- and an estimated non-Federal cost of Cape May Point, New Jersey, at a total cost sources Development Act of 1996 (110 Stat. $2,125,000. of $14,885,000, with an estimated Federal cost 3709), is further modified to authorize the S12192 CONGRESSIONAL RECORD — SENATE October 9, 1998

Secretary to carry out the portion of the (C) TRANSITIONAL STORAGE.—The Secretary ning south 83 degrees 58 minutes 40.8 seconds project in Glenn-Colusa, California, in ac- of Agriculture may cooperate with non-Fed- west 94.65 feet to a point N177,980.98, cordance with the Corps of Engineers report eral interests to provide, on a transitional E394,726.55, thence running south 11 degrees dated May 22, 1998, at a total cost of basis, flood control storage for the Thorn 46 minutes 22.4 seconds west 962.83 feet to a $20,700,000, with an estimated Federal cost of Creek Reservoir project in the west lobe of point N177,038.40, E394,530.10, thence running $15,570,000 and an estimated non-Federal cost the Thornton quarry. south 78 degrees 13 minutes 45.7 seconds east of $5,130,000. (D) CREDITING.—The Secretary may credit 90.00 feet to a point N177,020.04, E394,618.21, (2) SAN LORENZO RIVER, CALIFORNIA.—The against the non-Federal share of the Thorn- thence running north 11 degrees 46 minutes project for flood control, San Lorenzo River, ton Reservoir project all design and con- 47.7 seconds east 991.76 feet to the point of or- California, authorized by section 101(a)(5) of struction costs incurred by the non-Federal igin. the Water Resources Development Act of interests before the date of enactment of this (ii) The portion of the 10-foot inner harbor 1996 (110 Stat. 3663), is modified to authorize Act. settling basin the boundaries of which begin the Secretary to include as a part of the (E) REEVALUATION REPORT.—The Secretary at a point with coordinates N177,020.04, project streambank erosion control meas- shall determine the credits authorized by E394,618.21, thence running north 78 degrees ures to be undertaken substantially in ac- subparagraph (D) that are integral to the 13 minutes 30.5 seconds west 160.00 feet to a cordance with the report entitled ‘‘Bank Sta- Thornton Reservoir project and the current point N177,052.69, E394,461.58, thence running bilization Concept, Laurel Street Exten- total project costs based on a limited re- south 11 degrees 46 minutes 45.4 seconds west sion’’, dated April 23, 1998, at a total cost of evaluation report. 299.99 feet to a point N176,759.02, E394,400.34, (3) WELLS HARBOR, WELLS, MAINE.— $4,000,000, with an estimated Federal cost of thence running south 78 degrees 13 minutes (A) IN GENERAL.—The project for naviga- $2,600,000 and an estimated non-Federal cost 17.9 seconds east 160 feet to a point tion, Wells Harbor, Maine, authorized by sec- of $1,400,000. N176,726.36, E394,556.97, thence running north tion 101 of the River and Harbor Act of 1960 (3) WOOD RIVER, GRAND ISLAND, NEBRASKA.— 11 degrees 46 minutes 44.0 seconds east 300.00 (74 Stat. 480), is modified to authorize the The project for flood control, Wood River, feet to the point of origin. Secretary to realign the channel and anchor- Grand Island, Nebraska, authorized by sec- (iii) The portion of the 6-foot anchorage age areas based on a harbor design capacity tion 101(a)(19) of the Water Resources Devel- the boundaries of which begin at a point of 150 craft. opment Act of 1996 (110 Stat. 3665) is modified with coordinates N178,102.26, E394,751.83, (B) DEAUTHORIZATION OF CERTAIN POR- to authorize the Secretary to construct the thence running south 51 degrees 59 minutes project in accordance with the Corps of Engi- TIONS.—The following portions of the project are not authorized after the date of enact- 42.1 seconds west 526.51 feet to a point neers report dated June 29, 1998, at a total N177,778.07, E394,336.96, thence running south cost of $16,632,000, with an estimated Federal ment of this Act: (i) The portion of the 6-foot channel the 11 degrees 46 minutes 26.6 seconds west 511.83 cost of $9,508,000 and an estimated non-Fed- feet to a point N177,277.01, E394,232.52, thence eral cost of $7,124,000. boundaries of which begin at a point with co- ordinates N177,992.00, E394,831.00, thence run- running south 78 degrees 13 minutes 17.9 sec- (4) ABSECON ISLAND, NEW JERSEY.—The onds east 80.00 feet to a point N177,260.68, project for Absecon Island, New Jersey, au- ning south 83 degrees 58 minutes 14.8 seconds west 10.38 feet to a point N177,990.91, E394,310.84, thence running north 11 degrees thorized by section 101(b)(13) of the Water 46 minutes 24.8 seconds east 482.54 feet to a Resources Development Act of 1996 (110 Stat. E394,820.68, thence running south 11 degrees 46 minutes 47.7 seconds west 991.76 feet to a point N177,733.07, E394,409.30, thence running 3668) is amended to authorize the Secretary point N177,020.04, E394,618.21, thence running north 51 degrees 59 minutes 41.0 seconds east to reimburse the non-Federal interests for south 78 degrees 13 minutes 45.7 seconds east 402.63 feet to a point N177,980.98, E394,726.55, all work performed, consistent with the au- 10.00 feet to a point N177,018.00, E394,628.00, thence running north 11 degrees 46 minutes thorized project. thence running north 11 degrees 46 minutes 27.6 seconds east 123.89 feet to the point of or- (5) WAURIKA LAKE, OKLAHOMA, WATER CON- 22.8 seconds east 994.93 feet to the point of or- igin. VEYANCE FACILITIES.—The requirement for igin. (D) REALIGNMENT.—The 6-foot anchorage the Waurika Project Master Conservancy (ii) The portion of the 6-foot anchorage the area described in subparagraph (C)(iii) shall District to repay the $2,900,000 in costs (in- boundaries of which begin at a point with co- be realigned to include the area located cluding interest) resulting from the October ordinates N177,778.07, E394,336.96, thence run- south of the inner harbor settling basin in 1991 settlement of the claim of the Travelers ning south 51 degrees 58 minutes 32.7 seconds existence on the date of enactment of this Insurance Company before the United States west 15.49 feet to a point N177,768.53, Act beginning at a point with coordinates Claims Court related to construction of the E394,324.76, thence running south 11 degrees N176,726.36, E394,556.97, thence running north water conveyance facilities authorized by 46 minutes 26.5 seconds west 672.87 feet to a 78 degrees 13 minutes 17.9 seconds west 160.00 the first section of Public Law 88–253 (77 point N177,109.82, E394,187.46, thence running feet to a point N176,759.02, E394,400.34, thence Stat. 841) is waived. south 78 degrees 13 minutes 45.7 seconds east running south 11 degrees 47 minutes 03.8 sec- (b) PROJECTS SUBJECT TO REPORTS.—The 10.00 feet to a point N177,107.78, E394,197.25, onds west 45 feet to a point N176,714.97, following projects are modified as follows, thence running north 11 degrees 46 minutes E394,391.15, thence running south 78 degrees except that no funds may be obligated to 25.4 seconds east 684.70 feet to the point of or- 13 minutes 17.9 seconds 160.00 feet to a point carry out work under such modifications igin. N176,682.31, E394,547.78, thence running north until completion of a final report by the (iii) The portion of the 10-foot settling 11 degrees 47 minutes 03.8 seconds east 45 feet Chief of Engineers, as approved by the Sec- basin the boundaries of which begin at a to the point of origin. retary, finding that such work is technically point with coordinates N177,107.78, (E) RELOCATION.—The Secretary may relo- sound, environmentally acceptable, and eco- E394,197.25, thence running north 78 degrees cate the settling basin feature of the project nomically justified, as applicable: 13 minutes 45.7 seconds west 10.00 feet to a to the outer harbor between the jetties. (1) SACRAMENTO METRO AREA, CALIFORNIA.— point N177,109.82, E394,187.46, thence running (4) NEW YORK HARBOR AND ADJACENT CHAN- The project for flood control, Sacramento south 11 degrees 46 minutes 15.7 seconds west NELS, PORT JERSEY, NEW JERSEY.—The project Metro Area, California, authorized by sec- 300.00 feet to a point N176,816.13, E394,126.26, for navigation, New York Harbor and Adja- tion 101(4) of the Water Resources Develop- thence running south 78 degrees 12 minutes cent Channels, Port Jersey, New Jersey, au- ment Act of 1992 (106 Stat. 4801) is modified 21.4 seconds east 9.98 feet to a point thorized by section 202(b) of the Water Re- to authorize the Secretary to construct the N176,814.09, E394,136.03, thence running north sources Development Act of 1986 (100 Stat. project at a total cost of $32,600,000, with an 11 degrees 46 minutes 29.1 seconds east 300.00 4098), is modified to authorize the Secretary estimated Federal cost of $24,500,000 and an feet to the point of origin. to construct the project at a total cost of estimated non-Federal cost of $8,100,000. (iv) The portion of the 10-foot settling $100,689,000, with an estimated Federal cost (2) THORNTON RESERVOIR, COOK COUNTY, IL- basin the boundaries of which begin at a of $74,998,000 and an estimated non-Federal LINOIS.— point with coordinates N177,018.00, cost of $25,701,000. (A) IN GENERAL.—The Thornton Reservoir E394,628.00, thence running north 78 degrees (5) ARTHUR KILL, NEW YORK AND NEW JER- project, an element of the project for flood 13 minutes 45.7 seconds west 10.00 feet to a SEY.— control, Chicagoland Underflow Plan, Illi- point N177,020.04, E394,618.21, thence running (A) IN GENERAL.—The project for naviga- nois, authorized by section 3(a)(5) of the south 11 degrees 46 minutes 44.0 seconds west tion, Arthur Kill, New York and New Jersey, Water Resources Development Act of 1988 300.00 feet to a point N176,726.36, E394,556.97, authorized by section 202(b) of the Water Re- (102 Stat. 4013), is modified to authorize the thence running south 78 degrees 12 minutes sources Development Act of 1986 (100 Stat. Secretary to include additional permanent 30.3 seconds east 10.03 feet to a point 4098) and modified by section 301(b)(11) of the flood control storage attributable to the N176,724.31, E394,566.79, thence running north Water Resources Development Act of 1996 Thorn Creek Reservoir project, Little Cal- 11 degrees 46 minutes 22.4 seconds east 300.00 (110 Stat. 3711), is further modified to author- umet River Watershed, Illinois, approved feet to the point of origin. ize the Secretary to construct the project at under the Watershed Protection and Flood (C) REDESIGNATIONS.—The following por- a total cost of $269,672,000, with an estimated Prevention Act (16 U.S.C. 1001 et seq.). tions of the project shall be redesignated as Federal cost of $178,400,000 and an estimated (B) COST SHARING.—Costs for the Thornton part of the 6-foot anchorage: non-Federal cost of $91,272,000. Reservoir project shall be shared in accord- (i) The portion of the 6-foot channel the (B) BERTHING AREAS AND OTHER LOCAL ance with section 103 of the Water Resources boundaries of which begin at a point with co- SERVICE FACILITIES.—The non-Federal inter- Development Act of 1986 (33 U.S.C. 2213). ordinates N177,990.91, E394,820.68, thence run- ests shall provide berthing areas and other October 9, 1998 CONGRESSIONAL RECORD — SENATE S12193 local service facilities necessary for the such measures, and has made a determina- that prescribes the terms and conditions of project at an estimated cost of $37,936,000. tion that the measures are economically jus- the credit or reimbursement.’’. (c) BEAVER LAKE, ARKANSAS, WATER SUP- tified. (m) LAKE MICHIGAN, ILLINOIS.— PLY STORAGE REALLOCATION.—The Secretary (ii) DEADLINE.—The report shall be com- (1) IN GENERAL.—The project for storm shall reallocate approximately 31,000 addi- pleted not later than 180 days after funding damage reduction and shoreline protection, tional acre-feet at Beaver Lake, Arkansas, to is made available. Lake Michigan, Illinois, from Wilmette, Illi- water supply storage at no cost to the Bea- (D) COORDINATION AND COOPERATION.—The nois, to the Illinois-Indiana State line, au- ver Water District or the Carroll-Boone report and implementation plan— thorized by section 101(a)(12) of the Water Water District, except that at no time shall (i) shall be coordinated with the Federal Resources Development Act of 1996 (110 Stat. the bottom of the conservation pool be at an Emergency Management Agency; and 3664), is modified to provide for reimburse- elevation that is less than 1,076 feet, NGVD. (ii) shall be prepared in consultation with ment for additional project work undertaken (d) TOLCHESTER CHANNEL S-TURN, BALTI- other Federal agencies, State and local offi- by the non-Federal interest. MORE, MARYLAND.—The project for naviga- cials, and residents. (2) CREDIT OR REIMBURSEMENT.—The Sec- tion, Baltimore Harbor and Channels, Mary- (E) CONSIDERATIONS.—The report should retary shall credit or reimburse the non-Fed- land, authorized by section 101 of the River take into account information from prior eral interest for the Federal share of project and Harbor Act of 1958 (72 Stat. 297), is modi- and ongoing studies. costs incurred by the non-Federal interest in fied to direct the Secretary to straighten the (2) AUTHORIZATION OF APPROPRIATIONS.— designing, constructing, or reconstructing Tolchester Channel S-turn as part of project There is authorized to be appropriated to reach 2F (700 feet south of Fullerton Avenue maintenance. carry out this subsection $35,000,000. and 500 feet north of Fullerton Avenue), (e) TROPICANA WASH AND FLAMINGO WASH, (h) TRINITY RIVER AND TRIBUTARIES, reach 3M (Meigs Field), and segments 7 and NEVADA.—Any Federal costs associated with TEXAS.—The project for flood control and 8 of reach 4 (43rd Street to 57th Street), if the the Tropicana and Flamingo Washes, Ne- navigation, Trinity River and tributaries, non-Federal interest carries out the work in vada, authorized by section 101(13) of the Texas, authorized by section 301 of the River accordance with plans approved by the Sec- Water Resources Development Act of 1992 and Harbor Act of 1965 (79 Stat. 1091), is retary, at an estimated total cost of (106 Stat. 4803), incurred by the non-Federal modified to add environmental restoration $83,300,000. interest to accelerate or modify construction as a project purpose. (3) REIMBURSEMENT.—The Secretary shall of the project, in cooperation with the Corps (i) BEACH EROSION CONTROL AND HURRICANE reimburse the non-Federal interest for the of Engineers, shall be considered to be eligi- PROTECTION, VIRGINIA BEACH, VIRGINIA.— Federal share of project costs incurred by ble for reimbursement by the Secretary. (1) ACCEPTANCE OF FUNDS.—In any fiscal the non-Federal interest in reconstructing (f) REDIVERSION PROJECT, COOPER RIVER, year that the Corps of Engineers does not re- the revetment structures protecting Solidar- CHARLESTON HARBOR, SOUTH CAROLINA.— ceive appropriations sufficient to meet ex- ity Drive in Chicago, Illinois, before the (1) IN GENERAL.—The rediversion project, pected project expenditures for that year, signing of the project cooperation agree- Cooper River, Charleston Harbor, South the Secretary shall accept from the city of ment, at an estimated total cost of $7,600,000. Carolina, authorized by section 101 of the Virginia Beach, Virginia, for purposes of the (n) MEASUREMENTS OF LAKE MICHIGAN DI- River and Harbor Act of 1968 (82 Stat. 731) project for beach erosion control and hurri- VERSIONS, ILLINOIS.—Section 1142(b) of the cane protection, Virginia Beach, Virginia, and modified by title I of the Energy and Water Resources Development Act of 1986 authorized by section 501(a) of the Water Re- Water Development Appropriations Act, 1992 (100 Stat. 4253) is amended by striking sources Development Act of 1986 (100 Stat. (105 Stat. 517), is modified to authorize the ‘‘$250,000 per fiscal year for each fiscal year 4136), such funds as the city may advance for Secretary to pay the State of South Carolina beginning after September 30, 1986’’ and in- the project. not more than $3,750,000, if the State enters serting ‘‘a total of $1,250,000 for each of fiscal (2) REPAYMENT.—Subject to the availabil- into an agreement with the Secretary pro- years 1999 through 2003’’. ity of appropriations, the Secretary shall viding that the State shall perform all future (o) PROJECT FOR NAVIGATION, DUBUQUE, repay, without interest, the amount of any operation of the St. Stephen, South Caro- IOWA.—The project for navigation at Du- lina, fish lift (including associated studies to advance made under paragraph (1), from ap- buque, Iowa, authorized by section 101 of the assess the efficacy of the fish lift). propriations that may be provided by Con- River and Harbor Act of 1960 (74 Stat. 482), is (2) CONTENTS.—The agreement shall specify gress for river and harbor, flood control, modified to authorize the development of a the terms and conditions under which pay- shore protection, and related projects. wetland demonstration area of approxi- (j) ELIZABETH RIVER, CHESAPEAKE, VIR- ment will be made and the rights of, and mately 1.5 acres to be developed and oper- GINIA.—Notwithstanding any other provision remedies available to, the Secretary to re- ated by the Dubuque County Historical Soci- cover all or a portion of the payment if the of law, after the date of enactment of this Act, the city of Chesapeake, Virginia, shall ety or a successor nonprofit organization. State suspends or terminates operation of (p) LOUISIANA STATE PENITENTIARY not be obligated to make the annual cash the fish lift or fails to perform the operation LEVEE.—The Secretary may credit against contribution required under paragraph 1(9) of in a manner satisfactory to the Secretary. the non-Federal share work performed in the the Local Cooperation Agreement dated De- (3) MAINTENANCE.—Maintenance of the fish cember 12, 1978, between the Government and project area of the Louisiana State Peniten- lift shall remain a Federal responsibility. the city for the project for navigation, tiary Levee, Mississippi River, Louisiana, (g) FLOOD MITIGATION NEAR PIERRE, SOUTH southern branch of Elizabeth River, Chesa- authorized by section 401(a) of the Water Re- DAKOTA.— peake, Virginia. sources Development Act of 1986 (100 Stat. (1) IN GENERAL.— (k) PAYMENT OPTION, MOOREFIELD, WEST 4117). (A) LAND ACQUISITION.—To provide full VIRGINIA.—The Secretary may permit the (q) JACKSON COUNTY, MISSISSIPPI.—The operational capability to carry out the au- non-Federal interests for the project for project for environmental infrastructure, thorized purposes of the Missouri River Main flood control, Moorefield, West Virginia, to Jackson County, Mississippi, authorized by Stem dams that are part of the Pick-Sloan pay without interest the remaining non-Fed- section 219(c)(5) of the Water Resources De- Missouri River Basin Program authorized by eral cost over a period not to exceed 30 years, velopment Act of 1992 (106 Stat. 4835) and section 9 of the Act entitled ‘‘An Act author- to be determined by the Secretary. modified by section 504 of the Water Re- izing the construction of certain public (l) MIAMI DADE AGRICULTURAL AND RURAL sources Development Act of 1996 (110 Stat. works on rivers and harbors for flood con- LAND RETENTION PLAN AND SOUTH BISCAYNE, 3757), is modified to direct the Secretary to trol, and for other purposes’’ approved De- FLORIDA.—Section 528(b)(3) of the Water Re- provide a credit, not to exceed $5,000,000, cember 22, 1944 (58 Stat. 891), the Secretary sources Development Act of 1996 (110 Stat. against the non-Federal share of the cost of may acquire from willing sellers such land 3768) is amended by adding at the end the fol- the project for the costs incurred by the and property in the vicinity of Pierre, South lowing: Jackson County Board of Supervisors since Dakota, or floodproof or relocate such prop- ‘‘(D) CREDIT AND REIMBURSEMENT OF PAST February 8, 1994, in constructing the project, erty within the project area, as the Sec- AND FUTURE ACTIVITIES.—The Secretary may if the Secretary determines that such costs retary determines is adversely affected by afford credit to or reimburse the non-Federal are for work that the Secretary determines the full wintertime Oahe Powerplant re- sponsors (using funds authorized by subpara- was compatible with and integral to the leases. graph (C)) for the reasonable costs of any project. (B) OWNERSHIP AND USE.—Any land that is work that has been performed or will be per- (r) RICHARD B. RUSSELL DAM AND LAKE, acquired under subparagraph (A) shall be formed in connection with a study or activ- SOUTH CAROLINA.— kept in public ownership and shall be dedi- ity meeting the requirements of subpara- (1) IN GENERAL.—Except as otherwise pro- cated and maintained in perpetuity for a use graph (A) if— vided in this paragraph, the Secretary shall that is compatible with any remaining flood ‘‘(i) the Secretary determines that— convey to the State of South Carolina all threat. ‘‘(I) the work performed by the non-Fed- right, title, and interest of the United States (C) REPORT.— eral sponsors will substantially expedite in the parcels of land described in subpara- (i) IN GENERAL.—The Secretary shall not completion of a critical restoration project; graph (B) that are currently being managed obligate funds to implement this paragraph and by the South Carolina Department of Natu- until the Secretary has completed a report ‘‘(II) the work is necessary for a critical ral Resources for fish and wildlife mitigation addressing the criteria for selecting which restoration project; and purposes for the Richard B. Russell Dam and properties are to be acquired, relocated, or ‘‘(ii) the credit or reimbursement is grant- Lake, South Carolina, project authorized by floodproofed, and a plan for implementing ed pursuant to a project-specific agreement the Flood Control Act of 1966 and modified S12194 CONGRESSIONAL RECORD — SENATE October 9, 1998 by the Water Resources Development Act of including a requirement that the Port of project, N148489.22, E538768.09, thence run- 1986. Clarkston pay all administrative costs asso- ning northwesterly about 610.39 feet along (2) LAND DESCRIPTION.— ciated with the conveyances, including the the westerly limit of the project to the point (A) IN GENERAL.—The parcels of land to be cost of land surveys and appraisals and costs of origin. conveyed are described in Exhibits A, F, and associated with compliance with applicable (B) Beginning at a point on the westerly H of Army Lease No. DACW21–1–93–0910 and environmental laws and regulations. limit of the project, N148118.55, E538689.05, associated supplemental agreements or are (4) USE OF LAND.—The Port of Clarkston thence running southeasterly about 91.92 feet designated in red in Exhibit A of Army Li- shall be required to pay the fair market to a point, N148041.43, E538739.07, thence run- cense No. DACW21–3–85–1904, excluding all value, as determined by the Secretary, of ning southerly about 65.00 feet to a point, designated parcels in the license that are any land conveyed pursuant to subsection (a) N147977.86, E538725.51, thence running south- below elevation 346 feet mean sea level or that is not retained in public ownership or is westerly about 91.92 feet to a point on the that are less than 300 feet measured hori- used for other than public park or recreation westerly limit of the project, N147927.84, zontally from the top of the power pool. purposes, except that the Secretary shall E538648.39, thence running northerly about (B) MANAGEMENT OF EXCLUDED PARCELS.— have a right of reverter to reclaim possession 195.00 feet along the westerly limit of the Management of the excluded parcels shall and title to any such land. project to the point of origin. continue in accordance with the terms of (t) WHITE RIVER, INDIANA.—The project for (c) BOOTHBAY HARBOR, MAINE.—The project Army License No. DACW21–3–85–1904 until flood control, Indianapolis on West Fork of for navigation, Boothbay Harbor, Maine, au- the Secretary and the State enter into an the White River, Indiana, authorized by sec- thorized by the Act of July 25, 1912 (37 Stat. agreement under subparagraph (F). tion 5 of the Act entitled ‘‘An Act authoriz- 201, chapter 253), is not authorized after the (C) SURVEY.—The exact acreage and legal ing the construction of certain public works date of enactment of this Act. description of the land shall be determined on rivers and harbors for flood control, and (d) EAST BOOTHBAY HARBOR, MAINE.—Sec- by a survey satisfactory to the Secretary, other purposes’’, approved June 22, 1936 (49 tion 364 of the Water Resources Development with the cost of the survey borne by the Stat. 1586, chapter 688), as modified by sec- Act of 1996 (110 Stat. 3731) is amended by State. tion 323 of the Water Resources Development striking paragraph (9) and inserting the fol- (3) COSTS OF CONVEYANCE.—The State shall Act of 1996 (110 Stat. 3716), is modified to au- lowing: be responsible for all costs, including real es- thorize the Secretary to undertake the river- ‘‘(9) EAST BOOTHBAY HARBOR, MAINE.—The tate transaction and environmental compli- front alterations described in the Central In- project for navigation, East Boothbay Har- ance costs, associated with the conveyance. dianapolis Waterfront Concept Plan, dated bor, Maine, authorized by the first section of (4) PERPETUAL STATUS.— February 1994, for the Canal Development the Act entitled ‘An Act making appropria- (A) IN GENERAL.—All land conveyed under (Upper Canal feature) and the Beveridge tions for the construction, repair, and pres- this paragraph shall be retained in public Paper feature, at a total cost not to exceed ervation of certain public works on rivers ownership and shall be managed in perpetu- $25,000,000, of which $12,500,000 is the esti- and harbors, and for other purposes’, ap- ity for fish and wildlife mitigation purposes mated Federal cost and $12,500,000 is the esti- proved June 25, 1910 (36 Stat. 657).’’. in accordance with a plan approved by the mated non-Federal cost, except that no such SEC. 105. STUDIES. Secretary. alterations may be undertaken unless the (B) REVERSION.—If any parcel of land is not (a) BALDWIN COUNTY, ALABAMA, WATER- Secretary determines that the alterations managed for fish and wildlife mitigation pur- SHEDS.—The Secretary of the Army shall re- authorized by this subsection, in combina- poses in accordance with such plan, title to view the report of the Chief of Engineers on tion with the alterations undertaken under the parcel shall revert to the United States. the Alabama Coast published as House Docu- section 323 of the Water Resources Develop- (5) ADDITIONAL TERMS AND CONDITIONS.— ment 108, 90th Congress, 1st Session, and ment Act of 1996 (110 Stat. 3716), are eco- The Secretary may require such additional other pertinent reports, with a view to deter- nomically justified. terms and conditions in connection with the mining whether modifications of the rec- (u) FOX POINT HURRICANE BARRIER, PROVI- conveyance as the Secretary considers ap- ommendations contained in the House Docu- DENCE, RHODE ISLAND.—The project for hurri- propriate to protect the interests of the ment are advisable at this time in the inter- cane-flood protection, Fox Point, Provi- United States. est of flood damage reduction, environ- dence, Rhode Island, authorized by section (6) FISH AND WILDLIFE MITIGATION AGREE- mental restoration and protection, water 203 of the Flood Control Act of 1958 (72 Stat. MENT.— quality, and other purposes, with a special 306) is modified to direct the Secretary to (A) IN GENERAL.—The Secretary may pay emphasis on determining the advisability of the State of South Carolina not more than undertake the necessary repairs to the bar- developing a comprehensive coordinated wa- $4,850,000 subject to the Secretary and the rier, as identified in the Condition Survey tershed management plan for the develop- State entering into a binding agreement for and Technical Assessment dated April 1998 ment, conservation, and utilization of water the State to manage for fish and wildlife with Supplement dated August 1998, at a and related land resources in the watersheds mitigation purposes in perpetuity the lands total cost of $3,000,000, with an estimated in Baldwin County, Alabama. conveyed under this paragraph and excluded Federal cost of $1,950,000 and an estimated (b) ESCAMBIA RIVER, ALABAMA AND FLOR- parcels designated in Exhibit A of Army Li- non-Federal cost of $1,050,000. IDA.— cense No. DACW21–3–85–1904. SEC. 104. PROJECT DEAUTHORIZATIONS. (1) IN GENERAL.—The Secretary shall re- (B) FAILURE OF PERFORMANCE.—The agree- (a) BRIDGEPORT HARBOR, CONNECTICUT.— view the report of the Chief of Engineers on ment shall specify the terms and conditions The portion of the project for navigation, the Escambia River, Alabama and Florida, under which payment will be made and the Bridgeport Harbor, Connecticut, authorized published as House Document 350, 71st Con- rights of, and remedies available to, the Fed- by section 101 of the River and Harbor Act of gress, 2d Session, and other pertinent re- eral Government to recover all or a portion 1958 (72 Stat. 297), consisting of a 2.4-acre an- ports, to determine whether modifications of of the payment if the State fails to manage chorage area 9 feet deep and an adjacent 0.60- any of the recommendations contained in any parcel in a manner satisfactory to the acre anchorage area 6 feet deep, located on the House Document are advisable at this Secretary. the west side of Johnsons River, Connecti- time with particular reference to Burnt Corn (s) LAND CONVEYANCE, CLARKSTON, WASH- cut, is not authorized after the date of enact- Creek and Murder Creek in the vicinity of INGTON.— ment of this Act. Brewton, and East Brewton, Alabama, and (1) IN GENERAL.—The Secretary shall con- (b) BASS HARBOR, MAINE.— the need for flood control, floodplain evacu- vey to the Port of Clarkston, Washington, all (1) DEAUTHORIZATION.—The portions of the ation, flood warning and preparedness, envi- right, title, and interest of the United States project for navigation, Bass Harbor, Maine, ronmental restoration and protection, and in and to a portion of the land described in authorized on May 7, 1962, under section 107 bank stabilization in those areas. the Department of the Army lease No. of the River and Harbor Act of 1960 (33 U.S.C. (2) COORDINATION.—The review shall be co- DACW68–1–97–22, consisting of approximately 577) described in paragraph (2) are not au- ordinated with plans of other local and Fed- 31 acres, the exact boundaries of which shall thorized after the date of enactment of this eral agencies. be determined by the Secretary and the Port Act. (c) CADDO LEVEE, RED RIVER BELOW of Clarkston. (2) DESCRIPTION.—The portions of the DENISON DAM, ARIZONA, LOUISIANA, OKLA- (2) The Secretary may convey to the Port project referred to in paragraph (1) are de- HOMA, AND TEXAS.—The Secretary shall con- of Clarkston, Washington, at fair market scribed as follows: duct a study to determine the feasibility of value as determined by the Secretary, such (A) Beginning at a bend in the project, undertaking a project for flood control, additional land located in the vicinity of N149040.00, E538505.00, thence running eas- Caddo Levee, Red River Below Denison Dam, Clarkston, Washington, as the Secretary de- terly about 50.00 feet along the northern Arizona, Louisiana, Oklahoma, and Texas, termines to be excess to the needs of the Co- limit of the project to a point, N149061.55, including incorporating the existing levee, lumbia River Project and appropriate for E538550.11, thence running southerly about along Twelve Mile Bayou from its juncture conveyance. 642.08 feet to a point, N148477.64, E538817.18, with the existing Red River Below Denison (3) TERMS AND CONDITIONS.—The convey- thence running southwesterly about 156.27 Dam Levee approximately 26 miles upstream ances made under subsections (a) and (b) feet to a point on the westerly limit of the to its terminus at high ground in the vicin- shall be subject to such terms and conditions project, N148348.50, E538737.02, thence run- ity of Black Bayou, Louisiana. as the Secretary determines to be necessary ning northerly about 149.00 feet along the (d) FIELDS LANDING CHANNEL, HUMBOLDT to protect the interests of the United States, westerly limit of the project to a bend in the HARBOR, CALIFORNIA.—The Secretary— October 9, 1998 CONGRESSIONAL RECORD — SENATE S12195

(1) shall conduct a study for the project for (n) SAINT JOSEPH RIVER, SOUTH BEND, INDI- troit River shoreline area from the Belle Isle navigation, Fields Landing Channel, Hum- ANA.—The Secretary shall conduct a study to Bridge to the Ambassador Bridge in Detroit, boldt Harbor and Bay, California, to a depth determine the feasibility of undertaking ero- Michigan. of minus 35 feet (MLLW), and for that pur- sion control, bank stabilization, and flood (2) POTENTIAL MODIFICATIONS.—As a part of pose may use any feasibility report prepared control along the Saint Joseph River, Indi- the study, the Secretary shall review poten- by the non-Federal sponsor under section 203 ana, including the South Bend Dam and the tial project modifications to any existing of the Water Resources Development Act of banks of the East Bank and Island Park. Corps projects within the same area. 1986 (33 U.S.C. 2231) for which reimbursement (o) ACADIANA NAVIGATION CHANNEL, LOUISI- (y) ST. CLAIR SHORES FLOOD CONTROL, of the Federal share of the study is author- ANA.—The Secretary shall conduct a study to MICHIGAN.—The Secretary shall conduct a ized subject to the availability of appropria- determine the feasibility of assuming oper- study to determine the feasibility of con- tions; and ations and maintenance for the Acadiana structing a flood control project at St. Clair (2) may carry out the project under section Navigation Channel located in Iberia and Shores, Michigan. 107 of the River and Harbor Act of 1960 (33 Vermillion Parishes, Louisiana. (z) TUNICA LAKE WEIR, MISSISSIPPI.— U.S.C. 577), if the Secretary determines that (p) CAMERON PARISH WEST OF CALCASIEU (1) IN GENERAL.—The Secretary shall con- the project is feasible. RIVER, LOUISIANA.—The Secretary shall con- duct a study to determine the feasibility of (e) STRAWBERRY CREEK, BERKELEY, CALI- duct a study to determine the feasibility of constructing an outlet weir at Tunica Lake, FORNIA.—The Secretary shall conduct a a storm damage reduction and ecosystem Tunica County, Mississippi, and Lee County, study to determine the feasibility of restor- restoration project for Cameron Parish west Arkansas, for the purpose of stabilizing ing Strawberry Creek, Berkeley, California, of Calcasieu River, Louisiana. water levels in the Lake. and the Federal interest in environmental (q) BENEFICIAL USE OF DREDGED MATERIAL, (2) ECONOMIC ANALYSIS.—In carrying out restoration, conservation of fish and wildlife COASTAL LOUISIANA.—The Secretary shall the study, the Secretary shall include as a resources, recreation, and water quality. conduct a study to determine the feasibility part of the economic analysis the benefits (f) WEST SIDE STORM WATER RETENTION FA- of using dredged material from maintenance derived from recreation uses at the Lake and CILITY, CITY OF LANCASTER, CALIFORNIA.—The activities at Federal navigation projects in economic benefits associated with restora- Secretary shall conduct a study to determine coastal Louisiana to benefit coastal areas in tion of fish and wildlife habitat. the feasibility of undertaking measures to the State. (aa) PROTECTIVE FACILITIES FOR THE ST. construct the West Side Storm Water Reten- (r) CONTRABAND BAYOU NAVIGATION CHAN- LOUIS, MISSOURI, RIVERFRONT AREA.— tion Facility in the city of Lancaster, Cali- NEL, LOUISIANA.—The Secretary shall con- (1) STUDY.—The Secretary shall conduct a fornia. duct a study to determine the feasibility of (g) APALACHICOLA RIVER, FLORIDA.—The study to determine the optimal plan to pro- assuming the maintenance at Contraband tect facilities that are located on the Mis- Secretary shall conduct a study for the pur- Bayou, Calcasieu River Ship Canal, Louisi- pose of identifying— sissippi River riverfront within the bound- ana. aries of St. Louis, Missouri. (1) alternatives for the management of ma- (s) GOLDEN MEADOW LOCK, LOUISIANA.—The (2) REQUIREMENTS.—In conducting the terial dredged in connection with operation Secretary shall conduct a study to determine study, the Secretary shall— and maintenance of the Apalachicola River the feasibility of converting the Golden (A) evaluate alternatives to offer safety Navigation Project; and Meadow floodgate into a navigation lock to and security to facilities; and (2) alternatives that reduce the require- be included in the Larose to Golden Meadow (B) use state-of-the-art techniques to best ments for such dredging. Hurricane Protection Project, Louisiana. evaluate the current situation, probable so- (h) BROWARD COUNTY, SAND BYPASSING AT (t) GULF INTRACOASTAL WATERWAY ECO- lutions, and estimated costs. PORT EVERGLADES, FLORIDA.—The Secretary SYSTEM PROTECTION, CHEF MENTEUR TO (3) REPORT.—Not later than April 15, 1999, shall conduct a study to determine the fea- SABINE RIVER, LOUISIANA.— sibility of constructing a sand bypassing the Secretary shall submit to Congress a re- (1) IN GENERAL.—The Secretary shall con- project at the Port Everglades Inlet, Florida. duct a study to determine the feasibility of port on the results of the study. (i) CITY OF DESTIN-NORIEGA POINT BREAK- undertaking ecosystem restoration and pro- (bb) YELLOWSTONE RIVER, MONTANA.— WATER, FLORIDA.—The Secretary shall con- tection measures along the Gulf Intracoastal (1) STUDY.—The Secretary shall conduct a duct a study to determine the feasibility of— Waterway from Chef Menteur to Sabine comprehensive study of the Yellowstone (1) restoring Noriega Point, Florida, to River, Louisiana. River from Gardiner, Montana to the con- serve as a breakwater for Destin Harbor; and fluence of the Missouri River to determine (2) MATTERS TO BE ADDRESSED.—The study (2) including Noriega Point as part of the shall address saltwater intrusion, tidal the hydrologic, biological, and socio- East Pass, Florida, navigation project. scour, erosion, and other water resources re- economic cumulative impacts on the river. (j) GATEWAY TRIANGLE REDEVELOPMENT (2) CONSULTATION AND COORDINATION.—The AREA, FLORIDA.— lated problems in that area. (u) LAKE PONTCHARTRAIN, LOUISIANA, AND Secretary shall conduct the study in con- (1) IN GENERAL.—The Secretary shall con- VICINITY, ST. CHARLES PARISH PUMPS.—The sultation with the United States Fish and duct a study to determine the feasibility of Wildlife Service, the United States Geologi- undertaking measures to reduce the flooding Secretary shall conduct a study to determine the feasibility of modifying the Lake Pont- cal Survey, and the Natural Resources Con- problems in the vicinity of Gateway Triangle servation Service and with the full participa- Redevelopment Area, Florida. chartrain Hurricane Protection Project to include the St. Charles Parish Pumps and tion of the State of Montana and tribal and (2) STUDIES AND REPORTS.—The study shall the modification of the seawall fronting pro- local entities, and provide for public partici- include a review and consideration of studies pation. and reports completed by the non-Federal in- tection along Lake Pontchartrain in Orleans Parish, from New Basin Canal on the west to (3) REPORT.—Not later than 5 years after terests. the date of enactment of this Act, the Sec- (k) HILLSBOROUGH RIVER, WITHLACOOCHEE the Inner Harbor Navigation Canal on the east. retary shall submit a report to Congress on RIVER BASINS, FLORIDA.—The Secretary shall the results of the study. conduct a study to identify appropriate (v) LAKE PONTCHARTRAIN AND VICINITY SEA- (cc) LAS VEGAS VALLEY, NEVADA.— measures that can be undertaken in the WALL RESTORATION, LOUISIANA.—The Sec- (1) IN GENERAL.—The Secretary shall con- Green Swamp, Withlacoochee River, and the retary shall conduct a study to determine duct a comprehensive study of water re- Hillsborough River, the Water Triangle of the feasibility of undertaking structural west central Florida, to address comprehen- modifications of that portion of the seawall sources located in the Las Vegas Valley, Ne- sive watershed planning for water conserva- fronting protection along the south shore of vada. tion, water supply, restoration and protec- Lake Pontchartrain in Orleans Parish, Lou- (2) OBJECTIVES.—The study shall identify tion of environmental resources, and other isiana, extending approximately 5 miles from problems and opportunities related to eco- water resource-related problems in the area. the new basin Canal on the west to the Inner system restoration, water quality, particu- (l) CITY OF PLANT CITY, FLORIDA.— Harbor Navigation Canal on the east as a larly the quality of surface runoff, water (1) IN GENERAL.—The Secretary shall con- part of the Lake Pontchartrain and Vicinity supply, and flood control. duct a study to determine the feasibility of Hurricane Protection Project, authorized by (dd) CAMDEN AND GLOUCESTER COUNTIES, a flood control project in the city of Plant section 204 of the Flood Control Act of 1965 NEW JERSEY, STREAMS AND WATERSHEDS.— City, Florida. (79 Stat. 1077). The Secretary shall conduct a study to de- (2) STUDIES AND REPORTS.—In conducting (w) LOUISIANA STATE PENITENTIARY termine the feasibility of undertaking eco- the study, the Secretary shall review and LEVEE.—The Secretary shall conduct a study system restoration, floodplain management, consider studies and reports completed by of the impacts of crediting the non-Federal flood control, water quality control, com- the non-Federal interests. interests for work performed in the project prehensive watershed management, and (m) ST. LUCIE COUNTY, FLORIDA, SHORE area of the Louisiana State Penitentiary other allied purposes along tributaries of the PROTECTION.—The Secretary shall conduct a Levee. Delaware River, Camden County and study to determine the feasibility of a shore (x) DETROIT RIVER, MICHIGAN, GREENWAY Gloucester County, New Jersey. protection and hurricane and storm damage CORRIDOR STUDY.— (ee) OSWEGO RIVER BASIN, NEW YORK.—The reduction project to the shoreline areas in (1) IN GENERAL.—The Secretary shall con- Secretary shall conduct a study to determine St. Lucie County from the current project duct a study to determine the feasibility of the feasibility of establishing a flood fore- for Fort Pierce Beach, Florida, southward to a project for shoreline protection, frontal casting system within the Oswego River the Martin County line. erosion, and associated purposes in the De- basin, New York. S12196 CONGRESSIONAL RECORD — SENATE October 9, 1998

(ff) PORT OF NEW YORK-NEW JERSEY NAVI- (hh) SANTEE DELTA WETLAND HABITAT, study to determine the feasibility of Federal GATION STUDY AND ENVIRONMENTAL RESTORA- SOUTH CAROLINA.—Not later than 18 months maintenance of areas adjacent to piers at TION STUDY.— after the date of enactment of this Act, the harbors in Guam, including Apra Harbor, (1) NAVIGATION STUDY.—The Secretary Secretary shall complete a comprehensive Agat Harbor, and Agana Marina. shall conduct a comprehensive study of navi- study of the ecosystem in the Santee Delta (rr) ALTERNATIVE WATER SOURCES STUDY.— gation needs at the Port of New York-New focus area of South Carolina to determine (1) IN GENERAL.—The Administrator of the Jersey (including the South Brooklyn Ma- the feasibility of undertaking measures to Environmental Protection Agency shall con- rine and Red Hook Container Terminals, enhance the wetland habitat in the area. duct a study of the water supply needs of Staten Island, and adjacent areas) to address (ii) WACCAMAW RIVER, SOUTH CAROLINA.— States that are not currently eligible for as- improvements, including deepening of exist- The Secretary shall conduct a study to de- sistance under title XVI of the Reclamation ing channels to depths of 50 feet or greater, termine the feasibility of a flood control Projects Authorization and Adjustment Act that are required to provide economically ef- project for the Waccamaw River in Horry of 1992 (43 U.S.C. 390h et seq.). ficient and environmentally sound naviga- County, South Carolina. (2) REQUIREMENTS.—The study shall— tion to meet current and future require- (jj) UPPER SUSQUEHANNA-LACKAWANNA, (A) identify the water supply needs (includ- ments. PENNSYLVANIA, WATERSHED MANAGEMENT ing potable, commercial, industrial, rec- (2) ENVIRONMENTAL RESTORATION STUDY.— AND RESTORATION STUDY.— reational and agricultural needs) of each The Secretary, acting through the Chief of (1) IN GENERAL.—The Secretary shall con- State described in paragraph (1) through Engineers, shall review the report of the duct a study to determine the feasibility of 2020, making use of such State, regional, and Chief of Engineers on the New York Harbor, a comprehensive flood plain management local plans, studies, and reports as are avail- printed in the House Management Plan of and watershed restoration project for the able; the Harbor Estuary Program, and other per- Upper Susquehanna-Lackawanna Watershed, (B) evaluate the feasibility of various al- tinent reports concerning the New York Har- Pennsylvania. ternative water source technologies such as bor Region and the Port of New York-New (2) GEOGRAPHIC INFORMATION SYSTEM.—In reuse and reclamation of wastewater and Jersey, to determine the Federal interest in conducting the study, the Secretary shall stormwater (including indirect potable advancing harbor environmental restoration. use a geographic information system. reuse), aquifer storage and recovery, and de- (3) REPORT.—The Secretary may use funds (3) PLANS.—The study shall formulate salination to meet the anticipated water from the ongoing navigation study for New plans for comprehensive flood plain manage- supply needs of the States; and York and New Jersey Harbor to complete a ment and environmental restoration. (C) assess how alternative water sources reconnaissance report for environmental res- (4) CREDITING.—Non-Federal interests may technologies can be utilized to meet the toration by December 31, 1999. The naviga- receive credit for in-kind services and mate- identified needs. tion study to deepen New York and New Jer- rials that contribute to the study. The Sec- (3) REPORT.—The Administrator shall re- sey Harbor shall consider beneficial use of retary may credit non-Corps Federal assist- port to Congress on the results of the study dredged material. ance provided to the non-Federal interest to- not more than 180 days after the date of en- (gg) BANK STABILIZATION, MISSOURI RIVER, ward the non-Federal share of study costs to actment of this Act. NORTH DAKOTA.— the maximum extent authorized by law. SEC. 106. FLOOD HAZARD MITIGATION AND (1) STUDY.— (kk) NIOBRARA RIVER AND MISSOURI RIVER RIVERINE ECOSYSTEM RESTORA- (A) IN GENERAL.—The Secretary shall con- SEDIMENTATION STUDY, SOUTH DAKOTA.—The TION PROGRAM. duct a study to determine the feasibility of Secretary shall conduct a study of the (a) IN GENERAL.— bank stabilization on the Missouri River be- Niobrara River watershed and the operations (1) AUTHORIZATION.—The Secretary may tween the Garrison Dam and Lake Oahe in of Fort Randall Dam and Gavins Point Dam carry out a program to reduce flood hazards North Dakota. on the Missouri River to determine the fea- and restore the natural functions and values (B) ELEMENTS.—In conducting the study, sibility of alleviating the bank erosion, sedi- of riverine ecosystems throughout the the Secretary shall study— mentation, and related problems in the lower United States. (i) options for stabilizing the erosion sites Niobrara River and the Missouri River below (2) STUDIES.—In carrying out the program, on the banks of the Missouri River between Fort Randall Dam. the Secretary shall conduct studies to iden- the Garrison Dam and Lake Oahe identified (ll) SANTA CLARA RIVER, UTAH.— tify appropriate flood damage reduction, in the report developed by the North Dakota (1) IN GENERAL.—The Secretary shall con- conservation, and restoration measures and State Water Commission, dated December duct a study to determine the feasibility of may design and implement watershed man- 1997, including stabilization through non- undertaking measures to alleviate damage agement and restoration projects. caused by flooding, bank erosion, and sedi- traditional measures; (3) PARTICIPATION.—The studies and (ii) the cumulative impact of bank sta- mentation along the watershed of the Santa projects carried out under the program shall bilization measures between the Garrison Clara River, Utah, above the Gunlock Res- be conducted, to the extent practicable, with Dam and Lake Oahe on fish and wildlife ervoir. the full participation of the appropriate Fed- habitat and the potential impact of addi- (2) CONTENTS.—The study shall include an eral agencies, including the Department of tional stabilization measures, including the analysis of watershed conditions and water Agriculture, the Federal Emergency Man- impact of nontraditional stabilization meas- quality, as related to flooding and bank ero- agement Agency, the Department of the In- ures; sion, along the Santa Clara River in the vi- terior, the Environmental Protection Agen- (iii) the current and future effects, includ- cinity of the town of Gunlock, Utah. cy, and the Department of Commerce. (mm) CITY OF OCEAN SHORES SHORE PRO- ing economic and fish and wildlife habitat ef- (4) NONSTRUCTURAL APPROACHES.—The TECTION PROJECT, WASHINGTON.—The Sec- fects, that bank erosion is having on creat- studies and projects shall, to the extent retary shall conduct a study to determine ing the delta at the beginning of Lake Oahe; practicable, emphasize nonstructural ap- the feasibility of undertaking a project for and proaches to preventing or reducing flood beach erosion and flood control, including (iv) the impact of taking no additional damages. relocation of a primary dune and periodic measures to stabilize the banks of the Mis- (b) COST-SHARING REQUIREMENTS.— nourishment, at Ocean Shores, Washington. souri River between the Garrison Dam and (1) STUDIES.—The cost of studies conducted (nn) AGAT SMALL BOAT HARBOR, GUAM.— Lake Oahe. The Secretary shall conduct a study to de- under subsection (a) shall be shared in ac- (C) INTERESTED PARTIES.—In conducting termine the feasibility of undertaking the cordance with section 105 of the Water Re- the study, the Secretary shall, to the maxi- repair and reconstruction of Agat Small sources Development Act of 1986 (33 Stat. mum extent practicable, seek the participa- Boat Harbor, Guam, including the repair of 2215). tion and views of interested Federal, State, existing shore protection measures and con- (2) PROJECTS.—The non-Federal interests and local agencies, landowners, conservation struction or a revetment of the breakwater shall pay 35 percent of the cost of any organizations, and other persons. seawall. project carried out under this section. EPORT (D) R .— (oo) APRA HARBOR SEAWALL, GUAM.—The (3) IN-KIND CONTRIBUTIONS.—The non-Fed- (i) IN GENERAL.—The Secretary shall report Secretary shall conduct a study to determine eral interests shall provide all land, ease- to Congress on the results of the study not the feasibility of undertaking measures to ments, rights-of-way, dredged material dis- later than 1 year after the date of enactment repair, upgrade, and extend the seawall pro- posal areas, and relocations necessary for of this Act. tecting Apra Harbor, Guam, and to ensure the projects. The value of the land, ease- (ii) STATUS.—If the Secretary cannot com- continued access to the harbor via Route ments, rights-of-way, dredged material dis- plete the study and report to Congress by the 11B. posal areas, and relocations shall be credited day that is 1 year after the date of enact- (pp) APRA HARBOR FUEL PIERS, GUAM.—The toward the payment required under this sub- ment of this Act, the Secretary shall, by Secretary shall conduct a study to determine section. that day, report to Congress on the status of the feasibility of undertaking measures to (4) RESPONSIBILITIES OF THE NON-FEDERAL the study and report, including an estimate upgrade the piers and fuel transmission lines INTERESTS.—The non-Federal interests shall of the date of completion. at the fuel piers in the Apra Harbor, Guam, be responsible for all costs associated with (2) EFFECT ON EXISTING PROJECTS.—This and measures to provide for erosion control operating, maintaining, replacing, repairing, subsection does not preclude the Secretary and protection against storm damage. and rehabilitating all projects carried out from establishing or carrying out a stabiliza- (qq) MAINTENANCE DREDGING OF HARBOR under this section. tion project that is authorized by law. PIERS, GUAM.—The Secretary shall conduct a (c) PROJECT JUSTIFICATION.— October 9, 1998 CONGRESSIONAL RECORD — SENATE S12197

(1) IN GENERAL.—The Secretary may imple- (2) in the third sentence, by striking (5) resource preservation; ment a project under this section if the Sec- ‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’. (6) annual operation (including fee collec- retary determines that the project— SEC. 109. USE OF NON-FEDERAL FUNDS FOR COM- tion); (A) will significantly reduce potential PILING AND DISSEMINATING INFOR- (7) maintenance; and flood damages; MATION ON FLOODS AND FLOOD (8) law enforcement related to public use. (B) will improve the quality of the environ- DAMAGES. (c) AVAILABILITY.—Each amount withheld ment; and Section 206(b) of the Flood Control Act of by the Secretary shall be available for ex- (C) is justified considering all costs and 1960 (33 U.S.C. 709a(b)) is amended in the penditure, without further Act of appropria- beneficial outputs of the project. third sentence by inserting before the period tion, at the specific project from which the (2) SELECTION CRITERIA; POLICIES AND PRO- at the end the following: ‘‘, but the Sec- amount, above baseline, is collected. CEDURES.—Not later than 180 days after the retary of the Army may accept funds volun- SEC. 115. WATER RESOURCES DEVELOPMENT date of enactment of this Act, the Secretary tarily contributed by such entities for the STUDIES FOR THE PACIFIC REGION. shall— purpose of expanding the scope of the serv- Section 444 of the Water Resources Devel- (A) develop criteria for selecting and rat- ices requested by the entities’’. opment Act of 1996 (110 Stat. 3747) is amended ing the projects to be carried out as part of SEC. 110. EVERGLADES AND SOUTH FLORIDA by striking ‘‘interest of navigation’’ and in- the program authorized by this section; and ECOSYSTEM RESTORATION. serting ‘‘interests of water resources devel- (B) establish policies and procedures for Subparagraphs (B) and (C)(i) of section opment (including navigation, flood damage carrying out the studies and projects under- 528(b)(3) of the Water Resources Develop- reduction, and environmental restoration)’’. ment Act of 1996 (110 Stat. 3769) are amended taken under this section. SEC. 116. MISSOURI AND MIDDLE MISSISSIPPI (d) REPORTING REQUIREMENT.—The Sec- by striking ‘‘1999’’ and inserting ‘‘2000’’. RIVERS ENHANCEMENT PROJECT. retary may not implement a project under SEC. 111. AQUATIC ECOSYSTEM RESTORATION. (a) DEFINITIONS.—In this section: this section until— Section 206(c) of the Water Resources De- (1) MIDDLE MISSISSIPPI RIVER.—The term (1) the Secretary provides to the Commit- velopment Act of 1996 (33 U.S.C. 2330(c)) is ‘‘middle Mississippi River’’ means the reach tee on Environment and Public Works of the amended— of the Mississippi River from the mouth of Senate and the Committee on Transpor- (1) by striking ‘‘Construction’’ and insert- the Ohio River (river mile 0, upper Mis- tation and Infrastructure of the House of ing the following: sissippi River) to the mouth of the Missouri Representatives a written notification de- ‘‘(1) IN GENERAL.—Construction’’; and River (river mile 195). scribing the project and the determinations (2) by adding at the end the following: (2) MISSOURI RIVER.—The term ‘‘Missouri made under subsection (c); and ‘‘(2) NONPROFIT ENTITIES.—Notwithstanding River’’ means the main stem and floodplain (2) a period of 21 calendar days has expired section 221 of the Flood Control Act of 1970 of the Missouri River (including reservoirs) following the date on which the notification (42 U.S.C. 1962d–5b), for any project carried from its confluence with the Mississippi was received by the Committees. out under this section, a non-Federal inter- River at St. Louis, Missouri, to its head- (e) PRIORITY AREAS.—In carrying out this est may include a nonprofit entity, with the waters near Three Forks, Montana. section, the Secretary shall examine the po- consent of the affected local government.’’. (3) PROJECT.—The term ‘‘project’’ means tential for flood damage reductions at appro- SEC. 112. BENEFICIAL USES OF DREDGED MATE- the project authorized by this section. priate locations, including— RIAL. (b) PROTECTION AND ENHANCEMENT ACTIVI- (1) Le May, Missouri; Section 204 of the Water Resources Devel- TIES.— (2) upper Delaware River basin, New York; opment Act of 1992 (33 U.S.C. 2326) is amend- (1) PLAN.— (3) Tillamook County, Oregon; ed by adding at the end the following: (A) DEVELOPMENT.—Not later than 180 days (4) Providence County, Rhode Island; and ‘‘(g) NONPROFIT ENTITIES.—Notwithstand- after the date of enactment of this Act, the (5) Willamette River basin, Oregon. ing section 221 of the Flood Control Act of Secretary shall develop a plan for a project (f) PER-PROJECT LIMITATION.—Not more 1970 (42 U.S.C. 1962d–5b), for any project car- to protect and enhance fish and wildlife habi- than $25,000,000 in Army Civil Works appro- ried out under this section, a non-Federal in- tat of the Missouri River and the middle Mis- priations may be expended on any single terest may include a nonprofit entity, with sissippi River. project undertaken under this section. the consent of the affected local govern- (B) ACTIVITIES.— (g) AUTHORIZATION OF APPROPRIATIONS.— ment.’’. (i) IN GENERAL.—The plan shall provide for (1) IN GENERAL.—There is authorized to be SEC. 113. VOLUNTARY CONTRIBUTIONS BY such activities as are necessary to protect appropriated to carry out this section STATES AND POLITICAL SUBDIVI- and enhance fish and wildlife habitat with- $75,000,000 for the period of fiscal years 2000 SIONS. out adversely affecting— and 2001. Section 5 of the Act of June 22, 1936 (33 (I) the water-related needs of the region (2) PROGRAM FUNDING LEVELS.—All studies U.S.C. 701h), is amended by inserting ‘‘or en- surrounding the Missouri River and the mid- and projects undertaken under this author- vironmental restoration’’ after ‘‘flood con- dle Mississippi River, including flood con- ity from Army Civil Works appropriations trol’’. trol, navigation, recreation, and enhance- shall be fully funded within the program SEC. 114. RECREATION USER FEES. ment of water supply; and funding levels provided in this subsection. (a) WITHHOLDING OF AMOUNTS.— (II) private property rights. SEC. 107. SHORE PROTECTION. (1) IN GENERAL.—During fiscal years 1999 (ii) REQUIRED ACTIVITIES.—The plan shall Section 103(d) of the Water Resources De- through 2002, the Secretary may withhold include— velopment Act of 1986 (33 U.S.C. 2213(d)) is from the special account established under (I) modification and improvement of navi- amended— section 4(i)(1)(A) of the Land and Water Con- gation training structures to protect and en- (1) by striking ‘‘Costs of constructing’’ and servation Fund Act of 1965 (16 U.S.C. 460l– hance fish and wildlife habitat; inserting the following: 6a(i)(1)(A)) 100 percent of the amount of re- (II) modification and creation of side chan- ‘‘(1) CONSTRUCTION.—Costs of construct- ceipts above a baseline of $34,000,000 per each nels to protect and enhance fish and wildlife ing’’; and fiscal year received from fees imposed at habitat; (2) by adding at the end the following: recreation sites under the administrative ju- (III) restoration and creation of island fish ‘‘(2) PERIODIC NOURISHMENT.—In the case of risdiction of the Department of the Army and wildlife habitat; a project authorized for construction after under section 4(b) of that Act (16 U.S.C. 460l– (IV) creation of riverine fish and wildlife December 31, 1998, or for which a feasibility 6a(b)). habitat; study is completed after that date, the non- (2) USE.—The amounts withheld shall be (V) establishment of criteria for Federal cost of the periodic nourishment of retained by the Secretary and shall be avail- prioritizing the type and sequencing of ac- projects or measures for shore protection or able, without further Act of appropriation, tivities based on cost-effectiveness and like- beach erosion control shall be 50 percent, ex- for expenditure by the Secretary in accord- lihood of success; and cept that— ance with subsection (b). (VI) physical and biological monitoring for ‘‘(A) all costs assigned to benefits to pri- (3) AVAILABILITY.—The amounts withheld evaluating the success of the project, to be vately owned shores (where use of such shall remain available until September 30, performed by the River Studies Center of the shores is limited to private interests) or to 2005. United States Geological Survey in Colum- prevention of losses of private land shall be (b) USE OF AMOUNTS WITHHELD.—In order bia, Missouri. borne by non-Federal interests; and to increase the quality of the visitor experi- (2) IMPLEMENTATION OF ACTIVITIES.— ‘‘(B) all costs assigned to the protection of ence at public recreational areas and to en- (A) IN GENERAL.—Using funds made avail- federally owned shores shall be borne by the hance the protection of resources, the able to carry out this section, the Secretary United States.’’. amounts withheld under subsection (a) may shall carry out the activities described in the SEC. 108. SMALL FLOOD CONTROL AUTHORITY. be used only for— plan. Section 205 of the Flood Control Act of 1948 (1) repair and maintenance projects (in- (B) USE OF EXISTING AUTHORITY FOR (33 U.S.C. 701s) is amended— cluding projects relating to health and safe- UNCONSTRUCTED FEATURES OF THE PROJECT.— (1) in the first sentence, by striking ‘‘con- ty); Using funds made available to the Secretary struction of small projects’’ and inserting (2) interpretation; under other law, the Secretary shall design ‘‘implementation of small structural and (3) signage; and construct any feature of the project that nonstructural projects’’; and (4) habitat or facility enhancement; may be carried out using the authority of S12198 CONGRESSIONAL RECORD — SENATE October 9, 1998 the Secretary to modify an authorized (3) by inserting after subsection (a) the fol- ment with the capacity to dredge approxi- project, if the Secretary determines that the lowing: mately 100 cubic yards per hour for use by design and construction will— ‘‘(b) ELEMENTS INCLUDED IN COST-BENEFIT the State in dredging salt ponds in the State. (i) accelerate the completion of activities ANALYSIS.—The Secretary shall include pri- SEC. 125. UPPER SUSQUEHANNA RIVER BASIN, to protect and enhance fish and wildlife habi- mary flood damages avoided in the benefit PENNSYLVANIA AND NEW YORK. tat of the Missouri River or the middle Mis- base for justifying Federal nonstructural Section 567(a) of the Water Resources De- sissippi River; and flood damage reduction projects.’’; and velopment Act of 1996 (110 Stat. 3787) is (ii) be compatible with the project pur- (4) in the first sentence of subsection (e) amended by adding at the end the following: poses described in this section. (as redesignated by paragraph (2)), by strik- ‘‘(3) The Chemung River watershed, New (c) INTEGRATION OF OTHER ACTIVITIES.— ing ‘‘(b)’’ and inserting ‘‘(d)’’. York, at an estimated Federal cost of (1) IN GENERAL.—In carrying out the activi- SEC. 120. CONTROL OF AQUATIC PLANT GROWTH. $5,000,000.’’. ties described in subsection (b), the Sec- Section 104(a) of the River and Harbor Act SEC. 126. SMALL FLOOD CONTROL PROJECTS. retary shall integrate the activities with of 1958 (33 U.S.C. 610(a)) is amended— Section 102 of the Water Resources Devel- other Federal, State, and tribal activities. (1) by inserting ‘‘Arundo dona,’’ after opment Act of 1996 (110 Stat. 3668) is amend- (2) NEW AUTHORITY.—Nothing in this sec- ‘‘water-hyacinth,’’; and ed— tion confers any new regulatory authority (2) by inserting ‘‘tarmarix’’ after (1) by redesignating paragraphs (15) on any Federal or non-Federal entity that ‘‘melaleuca’’. through (22) as paragraphs (16) through (23), carries out any activity authorized by this SEC. 121. ENVIRONMENTAL INFRASTRUCTURE. respectively; section. Section 219(c) of the Water Resources De- (2) by inserting after paragraph (14) the fol- (d) PUBLIC PARTICIPATION.—In developing velopment Act of 1992 (106 Stat. 4835) is lowing: and carrying out the plan and the activities amended by adding at the end the following: ‘‘(15) REPAUPO CREEK AND DELAWARE RIVER, described in subsection (b), the Secretary ‘‘(19) LAKE TAHOE, CALIFORNIA AND NE- GLOUCESTER COUNTY, NEW JERSEY.—Project shall provide for public review and comment VADA.—Regional water system for Lake for tidegate and levee improvements for in accordance with applicable Federal law, Tahoe, California and Nevada. Repaupo Creek and the Delaware River, including— ‘‘(20) LANCASTER, CALIFORNIA.—Fox Field Gloucester County, New Jersey.’’; and (1) providing advance notice of meetings; Industrial Corridor water facilities, Lan- (3) by adding at the end the following: (2) providing adequate opportunity for pub- caster, California. ‘‘(24) IRONDEQUOIT CREEK, NEW YORK.— lic input and comment; ‘‘(21) SAN RAMON, CALIFORNIA.—San Ramon Project for flood control, Irondequoit Creek (3) maintaining appropriate records; and Valley recycled water project, San Ramon, watershed, New York. (4) compiling a record of the proceedings of California.’’. ‘‘(25) TIOGA COUNTY, PENNSYLVANIA.— meetings. SEC. 122. WATERSHED MANAGEMENT, RESTORA- Project for flood control, Tioga River and (e) COMPLIANCE WITH APPLICABLE LAW.—In TION, AND DEVELOPMENT. Cowanesque River and their tributaries, carrying out the activities described in sub- Section 503 of the Water Resources Devel- sections (b) and (c), the Secretary shall com- Tioga County, Pennsylvania.’’. opment Act of 1996 (110 Stat. 3756) is amend- SEC. 127. SMALL NAVIGATION PROJECTS. ply with any applicable Federal law, includ- ed— ing the National Environmental Policy Act Section 104 of the Water Resources Devel- (1) in subsection (d)— opment Act of 1996 (110 Stat. 3669) is amend- of 1969 (42 U.S.C. 4321 et seq.). (A) by striking paragraph (10) and insert- (f) COST SHARING.— ed— ing the following: (1) NON-FEDERAL SHARE.—The non-Federal (1) by redesignating paragraphs (9) through ‘‘(10) Regional Atlanta Watershed, Atlanta, share of the cost of the project shall be 35 (12) as paragraphs (10) through (13), respec- Georgia, and Lake Lanier of Forsyth and percent. tively; and Hall Counties, Georgia.’’; and (2) FEDERAL SHARE.—The Federal share of (2) by inserting after paragraph (8) the fol- (B) by adding at the end the following: the cost of any 1 activity described in sub- lowing: ‘‘(14) Clear Lake watershed, California. section (b) shall not exceed $5,000,000. ‘‘(9) FORTESCUE INLET, DELAWARE BAY, NEW ‘‘(15) Fresno Slough watershed, California. (3) OPERATION AND MAINTENANCE.—The op- JERSEY.—Project for navigation for ‘‘(16) Hayward Marsh, Southern San Fran- eration and maintenance of the project shall Fortescue Inlet, Delaware Bay, New Jer- cisco Bay watershed, California. be a non-Federal responsibility. sey.’’. ‘‘(17) Kaweah River watershed, California. (g) AUTHORIZATION OF APPROPRIATIONS.— SEC. 128. STREAMBANK PROTECTION PROJECTS. ‘‘(18) Lake Tahoe watershed, California and There is authorized to be appropriated to pay (a) ARCTIC OCEAN, BARROW, ALASKA.—The the Federal share of the cost of carrying out Nevada. Secretary shall evaluate and, if justified activities under this section $30,000,000 for ‘‘(19) Malibu Creek watershed, California. under section 14 of the Flood Control Act of the period of fiscal years 2000 and 2001. ‘‘(20) Truckee River basin, Nevada. 1946 (33 U.S.C. 701r), carry out storm damage ‘‘(21) Walker River basin, Nevada. SEC. 117. OUTER CONTINENTAL SHELF. reduction and coastal erosion measures at ‘‘(22) Bronx River watershed, New York. (a) SAND, GRAVEL, AND SHELL.—Section the town of Barrow, Alaska. 8(k)(2)(B) of the Outer Continental Shelf ‘‘(23) Catawba River watershed, North (b) SAGINAW RIVER, BAY CITY, MICHIGAN.— Lands Act (43 U.S.C. 1337(k)(2)(B)) is amend- Carolina.’’; The Secretary may construct appropriate ed in the second sentence by inserting before (2) by redesignating subsection (e) as sub- control structures in areas along the Sagi- the period at the end the following: ‘‘or any section (f); and naw River in the city of Bay City, Michigan, other non-Federal interest subject to an (3) by inserting after subsection (d) the fol- under authority of section 14 of the Flood agreement entered into under section 221 of lowing: Control Act of 1946 (33 Stat. 701s). the Flood Control Act of 1970 (42 U.S.C. ‘‘(e) NONPROFIT ENTITIES.—Notwithstand- (c) YELLOWSTONE RIVER, BILLINGS, MON- 1962d–5b)’’. ing section 221(b) of the Flood Control Act of TANA.—The streambank protection project at (b) REIMBURSEMENT FOR LOCAL INTERESTS 1970 (42 U.S.C. 1962d–5b(b)), for any project Coulson Park, along the Yellowstone River, AT SANDBRIDGE BEACH, VIRGINIA BEACH, VIR- undertaken under this section, with the con- Billings, Montana, shall be eligible for as- GINIA.—Any amounts paid by the non-Fed- sent of the affected local government, a non- sistance under section 14 of the Flood Con- eral interests for beach erosion control and Federal interest may include a nonprofit en- trol Act of 1946 (33 U.S.C. 701r). hurricane protection, Sandbridge Beach, Vir- tity.’’. (d) MONONGAHELA RIVER, POINT MARION, ginia Beach, Virginia, as a result of an as- SEC. 123. LAKES PROGRAM. PENNSYLVANIA.—The Secretary shall evalu- sessment under section 8(k) of the Outer Section 602(a) of the Water Resources De- ate and, if justified under section 14 of the Continental Shelf Lands Act (43 U.S.C. velopment Act of 1986 (100 Stat. 4148) is Flood Control Act of 1946 (33 U.S.C. 701r), 1337(k)) shall be fully reimbursed. amended— carry out streambank erosion control meas- SEC. 118. ENVIRONMENTAL DREDGING. (1) in paragraph (15), by striking ‘‘and’’ at ures along the Monongahela River at the Section 312(f) of the Water Resources De- the end; borough of Point Marion, Pennsylvania. velopment Act of 1990 (33 U.S.C. 1272(f)) is (2) in paragraph (16), by striking the period SEC. 129. AQUATIC ECOSYSTEM RESTORATION, amended by adding at the end the following: at the end; and SPRINGFIELD, OREGON. ‘‘(6) Snake Creek, Bixby, Oklahoma.’’. (3) by adding at the end the following: (a) IN GENERAL.—Under section 1135 of the SEC. 119. BENEFIT OF PRIMARY FLOOD DAMAGES ‘‘(17) Clear Lake, Lake County, California, Water Resources Development Act of 1990 (33 AVOIDED INCLUDED IN BENEFIT- removal of silt and aquatic growth and de- Stat. 2309a) or other applicable authority, COST ANALYSIS. velopment of a sustainable weed and algae the Secretary shall conduct measures to ad- Section 308 of the Water Resources Devel- management program; dress water quality, water flows and fish opment Act of 1990 (33 U.S.C. 2318) is amend- ‘‘(18) Flints Pond, Hollis, New Hampshire, habitat restoration in the historic Spring- ed— removal of excessive aquatic vegetation; and field, Oregon, millrace through the reconfig- (1) in the heading of subsection (a), by ‘‘(19) Osgood Pond, Milford, New Hamp- uration of the existing millpond, if the Sec- striking ‘‘BENEFIT-COST ANALYSIS’’ and in- shire, removal of excessive aquatic vegeta- retary determines that harmful impacts serting ‘‘ELEMENTS EXCLUDED FROM COST- tion.’’. have occurred as the result of a previously BENEFIT ANALYSIS’’; SEC. 124. DREDGING OF SALT PONDS IN THE constructed flood control project by the (2) by redesignating subsections (b) STATE OF RHODE ISLAND. Corps of Engineers. through (e) as subsections (c) through (f), re- The Secretary may acquire for the State of (b) NON-FEDERAL SHARE.—The non-Federal spectively; Rhode Island a dredge and associated equip- share, excluding lands, easements, rights-of- October 9, 1998 CONGRESSIONAL RECORD — SENATE S12199 way, dredged material disposal areas, and re- expeditious completion by providing suffi- tive position of the United States in the locations, shall be 25 percent. cient quantities of contaminated dredged international marketplace. (c) AUTHORIZATION OF APPROPRIATIONS.— material to conduct the full-scale dem- (b) PRECONSTRUCTION ENGINEERING AND DE- There is authorized to be appropriated to onstrations to stated capacity.’’; and SIGN.—In accordance with the Upper Mis- carry out this section $1,500,000. (2) in subsection (c), by striking the first sissippi River-Illinois Waterway System SEC. 130. GUILFORD AND NEW HAVEN, CON- sentence and inserting the following: ‘‘There Navigation Study, the Secretary shall pro- NECTICUT. is authorized to be appropriated to carry out ceed immediately to prepare engineering de- The Secretary shall expeditiously com- this section a total of $22,000,000 to complete sign, plans, and specifications for extension plete the activities authorized under section technology testing, technology commer- of locks 20, 21, 22, 24, 25 on the Mississippi 346 of the Water Resources Development Act cialization, and the development of full scale River and the LaGrange and Peoria Locks on of 1992 (106 Stat. 4858), including activities processing facilities within the New York/ the Illinois River, to provide lock chambers associated with Sluice Creek in Guilford, New Jersey Harbor.’’. 110 feet in width and 1,200 feet in length, so Connecticut, and Lighthouse Point Park in SEC. 135. CITY OF MIAMI BEACH, FLORIDA. that construction can proceed immediately New Haven, Connecticut. Section 5(b)(3)(C)(i) of the Act of August 13, upon completion of studies and authoriza- SEC. 131. FRANCIS BLAND FLOODWAY DITCH. 1946 (33 U.S.C. 426h), is amended by inserting tion of projects by Congress. (a) REDESIGNATION.—The project for flood before the semicolon the following: ‘‘, includ- SEC. 139. DISPOSAL OF DREDGED MATERIAL ON control, Eight Mile Creek, Paragould, Ar- ing the city of Miami Beach, Florida’’. BEACHES. kansas, authorized by section 401(a) of the SEC. 136. SMALL STORM DAMAGE REDUCTION Section 145 of the Water Resources Devel- Water Resources Development Act of 1986 PROJECTS. opment Act of 1976 (33 U.S.C. 426j) is amend- (100 Stat. 4112) and known as ‘‘Eight Mile Section 3 of the Act of August 13, 1946 (33 ed in the first sentence by striking ‘‘50’’ and Creek, Paragould, Arkansas’’, shall be U.S.C. 426g), is amended by striking inserting ‘‘35’’. known and designated as the ‘‘Francis Bland ‘‘$2,000,000’’ and inserting ‘‘$3,000,000’’. SEC. 140. FISH AND WILDLIFE MITIGATION. Floodway Ditch’’. SEC. 137. SARDIS RESERVOIR, OKLAHOMA. Section 906(e) of the Water Resources De- (b) LEGAL REFERENCES.—Any reference in (a) IN GENERAL.—The Secretary shall ac- velopment Act of 1986 (33 U.S.C. 2283(e)) is any law, map, regulation, document, paper, cept from the State of Oklahoma or an agent amended by inserting after the second sen- or other record of the United States to the of the State an amount, as determined under tence the following: ‘‘Not more than 80 per- project and creek referred to in subsection subsection (b), as prepayment of 100 percent cent of the non-Federal share of such first (a) shall be deemed to be a reference to the of the water supply cost obligation of the costs may be in kind, including a facility, Francis Bland Floodway Ditch. State under Contract No. DACW56–74–JC–0314 supply, or service that is necessary to carry SEC. 132. CALOOSAHATCHEE RIVER BASIN, FLOR- for water supply storage at Sardis Reservoir, out the enhancement project.’’. IDA. Oklahoma. Section 528(e)(4) of the Water Resources (b) DETERMINATION OF AMOUNT.—The SEC. 141. UPPER MISSISSIPPI RIVER MANAGE- Development Act of 1996 (110 Stat. 3770) is amount to be paid by the State of Oklahoma MENT. amended in the first sentence by inserting under subsection (a) shall be subject to ad- Section 1103 of the Water Resources Devel- before the period at the end the following: ‘‘, justment in accordance with accepted dis- opment Act of 1986 (33 U.S.C. 652) is amend- including potential land acquisition in the count purchase methods for Government ed— Caloosahatchee River basin or other areas’’. properties as determined by an independent (1) in subsection (e)— SEC. 133. CUMBERLAND, MARYLAND, FLOOD accounting firm designated by the Director (A) by striking ‘‘(e)’’ and all that follows PROJECT MITIGATION. of the Office of Management and Budget. through the end of paragraph (2) and insert- (a) IN GENERAL.—The project for flood con- (c) EFFECT.—Nothing in this section shall ing the following: trol and other purposes, Cumberland, Mary- otherwise affect any of the rights or obliga- ‘‘(e) UNDERTAKINGS.— land, authorized by section 5 of the Act of tions of the parties to the contract referred ‘‘(1) IN GENERAL.— June 22, 1936 (commonly known as the to in subsection (a). ‘‘(A) AUTHORITY.—The Secretary, in con- ‘‘Flood Control Act of 1936’’) (49 Stat. 1574, SEC. 138. UPPER MISSISSIPPI RIVER AND ILLI- sultation with the Secretary of the Interior chapter 688), is modified to authorize the NOIS WATERWAY SYSTEM NAVIGA- and the States of Illinois, Iowa, Minnesota, Secretary to undertake, as a separate part of TION MODERNIZATION. Missouri, and Wisconsin, is authorized to un- the project, restoration of the historic (a) FINDINGS.—Congress finds that— dertake— Chesapeake and Ohio Canal substantially in (1) exports are necessary to ensure job cre- ‘‘(i) a program for the planning, construc- accordance with the Chesapeake and Ohio ation and an improved standard of living for tion, and evaluation of measures for fish and Canal National Historic Park, Cumberland, the people of the United States; wildlife habitat rehabilitation and enhance- Maryland, Rewatering Design Analysis, (2) the ability of producers of goods in the ment; and dated February 1998, at a total cost of United States to compete in the inter- ‘‘(ii) implementation of a program of long- $15,000,000, with an estimated Federal cost of national marketplace depends on a modern term resource monitoring, computerized $9,750,000 and an estimated non-Federal cost and efficient transportation network; data inventory and analysis, and applied re- of $5,250,000. (3) a modern and efficient waterway sys- search. (b) IN-KIND SERVICES.—The non-Federal in- tem is a transportation option necessary to ‘‘(B) REQUIREMENTS FOR PROJECTS.—Each terest for the restoration project under sub- provide United States shippers a safe, reli- project carried out under subparagraph (A)(i) section (a)— able, and competitive means to win foreign shall— (1) may provide all or a portion of the non- markets in an increasingly competitive ‘‘(i) to the maximum extent practicable, Federal share of project costs in the form of international marketplace; simulate natural river processes; in-kind services; and (4) the need to modernize is heightened be- ‘‘(ii) include an outreach and education (2) shall receive credit toward the non-Fed- cause the United States is at risk of losing component; and eral share of project costs for design and con- its competitive edge as a result of the prior- ‘‘(iii) on completion of the assessment struction work performed by the non-Federal ity that foreign competitors are placing on under subparagraph (D), address identified interest before execution of a project co- modernizing their own waterway systems; habitat and natural resource needs. operation agreement and for land, ease- (5) growing export demand projected over ‘‘(C) ADVISORY COMMITTEE.—In carrying out ments, and rights-of-way required for the the coming decades will force greater de- subparagraph (A), the Secretary shall create restoration and acquired by the non-Federal mands on the waterway system of the United an independent technical advisory commit- interest before execution of such an agree- States and increase the cost to the economy tee to review projects, monitoring plans, and ment. if the system proves inadequate to satisfy habitat and natural resource needs assess- (c) OPERATION AND MAINTENANCE.—The op- growing export opportunities; ments. eration and maintenance of the restoration (6) the locks and dams on the upper Mis- ‘‘(D) HABITAT AND NATURAL RESOURCE project under subsection (a) shall be the full sissippi River and Illinois River waterway NEEDS ASSESSMENT.— responsibility of the National Park Service. system were built in the 1930s and have some ‘‘(i) AUTHORITY.—The Secretary is author- SEC. 134. SEDIMENTS DECONTAMINATION POL- of the highest average delays to commercial ized to undertake a systemic, river reach, ICY. tows in the country; and pool scale assessment of habitat and nat- Section 405 of the Water Resources Devel- (7) inland barges carry freight at the low- ural resource needs to serve as a blueprint to opment Act of 1992 (33 U.S.C. 2239 note; Pub- est unit cost while offering an alternative to guide habitat rehabilitation and long-term lic Law 102–580) is amended— truck and rail transportation that is envi- resource monitoring. (1) in subsection (a), by adding at the end ronmentally sound, is energy efficient, is ‘‘(ii) DATA.—The habitat and natural re- the following: safe, causes little congestion, produces little source needs assessment shall, to the maxi- ‘‘(4) PRACTICAL END-USE PRODUCTS.—Tech- air or noise pollution, and has minimal so- mum extent practicable, use data in exist- nologies selected for demonstration at the cial impact; and ence at the time of the assessment. pilot scale shall result in practical end-use (8) it should be the policy of the Corps of ‘‘(iii) TIMING.—The Secretary shall com- products. Engineers to pursue aggressively moderniza- plete a habitat and natural resource needs ‘‘(5) ASSISTANCE BY THE SECRETARY.—The tion of the waterway system authorized by assessment not later than 3 years after the Secretary shall assist the project to ensure Congress to promote the relative competi- date of enactment of this subparagraph. S12200 CONGRESSIONAL RECORD — SENATE October 9, 1998

‘‘(2) REPORTS.—On December 31, 2005, in section (a) and all that follows and inserting ‘‘(d) IMPLEMENTATION.—Nothing in this sec- consultation with the Secretary of the Inte- the following: tion affects the authority of the Secretary to rior and the States of Illinois, Iowa, Min- ‘‘(a) SALMON SURVIVAL ACTIVITIES.— implement the results of the research and nesota, Missouri, and Wisconsin, the Sec- ‘‘(1) IN GENERAL.—In conjunction with the development carried out under this section retary shall prepare and submit to Congress Secretary of Commerce and Secretary of the or any other law.’’. a report that— Interior, the Secretary shall accelerate on- SEC. 144. NINE MILE RUN HABITAT RESTORA- ‘‘(A) contains an evaluation of the pro- going research and development activities, TION, PENNSYLVANIA. grams described in paragraph (1); and may carry out or participate in addi- The Secretary may credit against the non- ‘‘(B) describes the accomplishments of tional research and development activities, Federal share such costs as are incurred by each program; for the purpose of developing innovative the non-Federal interests in preparing envi- ‘‘(C) includes results of a habitat and natu- methods and technologies for improving the ronmental and other preconstruction docu- ral resource needs assessment; and survival of salmon, especially salmon in the mentation for the habitat restoration ‘‘(D) identifies any needed adjustments in Columbia/Snake River Basin. project, Nine Mile Run, Pennsylvania, if the the authorization under paragraph (1) or the ‘‘(2) ACCELERATED ACTIVITIES.—Accelerated Secretary determines that the documenta- authorized appropriations under paragraphs research and development activities referred tion is integral to the project. to in paragraph (1) may include research and (3), (4), and (5).’’; SEC. 145. SHORE DAMAGE PREVENTION OR MITI- (B) in paragraph (3)— development related to— GATION. ‘‘(A) impacts from water resources projects (i) by striking ‘‘paragraph (1)(A)’’ and in- Section 111 of the River and Harbor Act of and other impacts on salmon life cycles; serting ‘‘paragraph (1)(A)(i)’’; and 1968 (33 U.S.C. 426(i)) is amended— ‘‘(B) juvenile and adult salmon passage; (ii) by striking ‘‘Secretary not to exceed’’ (1) in the first sentence, by striking ‘‘The ‘‘(C) light and sound guidance systems; and all that follows and inserting ‘‘Secretary Secretary’’ and inserting ‘‘(a) IN GENERAL.— ‘‘(D) surface-oriented collector systems; not to exceed $22,750,000 for each of fiscal The Secretary’’; ‘‘(E) transportation mechanisms; and years 1999 through 2009.’’; (2) in the second sentence, by striking ‘‘(F) dissolved gas monitoring and abate- (C) in paragraph (4)— ‘‘The costs’’ and inserting the following: ment. (i) by striking ‘‘paragraph (1)(B)’’ and in- ‘‘(b) COST SHARING.—The costs’’; ‘‘(3) ADDITIONAL ACTIVITIES.—Additional re- serting ‘‘paragraph (1)(A)(ii)’’; and (3) in the third sentence— (ii) by striking ‘‘$7,680,000’’ and all that fol- search and development activities referred to in paragraph (1) may include research and (A) by striking ‘‘No such’’ and inserting lows and inserting ‘‘$10,420,000 for each of fis- development related to— the following: cal years 1999 through 2009.’’; ‘‘(A) studies of juvenile salmon survival in ‘‘(c) REQUIREMENT FOR SPECIFIC AUTHORIZA- (D) by striking paragraphs (5) and (6) and spawning and rearing areas; TION.—No such’’; and inserting the following: ‘‘(B) estuary and near-ocean juvenile and (B) by striking ‘‘$2,000,000’’ and inserting ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— adult salmon survival; ‘‘$5,000,000’’; and There is authorized to be appropriated to ‘‘(C) impacts on salmon life cycles from (4) by adding at the end the following: carry out paragraph (1)(C) not to exceed sources other than water resources projects; ‘‘(d) COORDINATION.—The Secretary shall— $350,000 for each of fiscal years 1999 through ‘‘(D) cryopreservation of fish gametes and ‘‘(1) coordinate the implementation of the 2009. formation of a germ plasm repository for measures under this section with other Fed- ‘‘(6) TRANSFER OF AMOUNTS.— threatened and endangered populations of eral and non-Federal shore protection ‘‘(A) IN GENERAL.—For each fiscal year be- native fish; and projects in the same geographic area; and ginning after September 30, 1992, the Sec- ‘‘(E) other innovative technologies and ac- ‘‘(2) to the extent practicable, combine retary, in consultation with the Secretary of tions intended to improve fish survival, in- mitigation projects with other shore protec- the Interior and the States of Illinois, Iowa, cluding the survival of resident fish. tion projects in the same area into a com- Minnesota, Missouri, and Wisconsin, may ‘‘(4) COORDINATION.—The Secretary shall prehensive regional project.’’. transfer appropriated amounts between the coordinate any activities carried out under SEC. 146. LARKSPUR FERRY CHANNEL, CALIFOR- programs under clauses (i) and (ii) of para- this subsection with appropriate Federal, NIA. graph (1)(A) and paragraph (1)(C). State, and local agencies, affected Indian The Secretary shall work with the Sec- ‘‘(B) APPORTIONMENT OF COSTS.—In carry- tribes, and the Northwest Power Planning retary of Transportation on a proposed solu- ing out paragraph (1)(D), the Secretary may Council. tion to carry out the project to maintain the apportion the costs equally between the pro- ‘‘(5) REPORT.—Not later than 3 years after Larkspur Ferry Channel, Larkspur, Califor- grams authorized by paragraph (1)(A).’’; and the date of enactment of this section, the nia, authorized by section 601(d) of the Water (E) in paragraph (7)— Secretary shall submit to Congress a report Resources Development Act of 1986 (100 Stat. (i) in subparagraph (A)— on the research and development activities 4148). (I) by inserting ‘‘(i)’’ after ‘‘paragraph carried out under this subsection, including SEC. 147. COMPREHENSIVE FLOOD IMPACT-RE- (1)(A)’’; and any recommendations of the Secretary con- SPONSE MODELING SYSTEM. (II) by inserting before the period at the cerning the research and development activi- (a) IN GENERAL.—The Secretary may study end the following: ‘‘and, in the case of any ties. and implement a Comprehensive Flood Im- project requiring non-Federal cost sharing, ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— pact-Response Modeling System for the the non-Federal share of the cost of the There is authorized to be appropriated Coralville Reservoir and the Iowa River wa- project shall be 35 percent’’; and $10,000,000 to carry out research and develop- tershed, Iowa. (ii) in subparagraph (B), by striking ‘‘para- ment activities under paragraph (3). (b) STUDY.—The study shall include— graphs (1)(B) and (1)(C) of this subsection’’ ‘‘(b) ADVANCED TURBINE DEVELOPMENT.— (1) an evaluation of the combined hydro- and inserting ‘‘paragraph (1)(A)(ii)’’; ‘‘(1) IN GENERAL.—In conjunction with the logic, geomorphic, environmental, economic, (2) in subsection (f)(2)— Secretary of Energy, the Secretary shall ac- social, and recreational impacts of operating (A) in subparagraph (A), by striking ‘‘(A)’’; celerate efforts toward developing and in- strategies within the watershed; and stalling in Corps of Engineers-operated dams (2) creation of an integrated, dynamic flood (B) by striking subparagraph (B); and innovative, efficient, and environmentally impact model; and (3) by adding at the end the following: safe hydropower turbines, including design of (3) the development of a rapid response sys- ‘‘(k) ST. LOUIS AREA URBAN WILDLIFE HABI- fish-friendly turbines, for use on the Colum- tem to be used during flood and emergency TAT.—The Secretary shall investigate and, if bia/Snake River hydrosystem. situations. appropriate, carry out restoration of urban ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— (c) REPORT TO CONGRESS.—Not later than 5 wildlife habitat, with a special emphasis on There is authorized to be appropriated years after the date of enactment of this the establishment of greenways in the St. $35,000,000 to carry out this subsection. Act, the Secretary shall transmit a report to Louis, Missouri, area and surrounding com- ‘‘(c) MANAGEMENT OF PREDATION ON COLUM- Congress on the results of the study and munities.’’. BIA/SNAKE RIVER SYSTEM NATIVE FISHES.— modeling system and such recommendations SEC. 142. REIMBURSEMENT OF NON-FEDERAL IN- ‘‘(1) NESTING AVIAN PREDATORS.—In con- as the Secretary determines to be appro- TEREST. junction with the Secretary of Commerce priate. Section 211(e)(2)(A) of the Water Resources and the Secretary of the Interior, and con- (d) AUTHORIZATION OF APPROPRIATIONS.— Development Act of 1996 (33 U.S.C. 701b– sistent with a management plan to be devel- There is authorized to be appropriated a 13(e)(2)(A)) is amended by striking ‘‘subject oped by the United States Fish and Wildlife total of $2,250,000 to carry out this section. to amounts being made available in advance Service, the Secretary shall carry out meth- SEC. 148. STUDY REGARDING INNOVATIVE FI- in appropriations Acts’’ and inserting ‘‘sub- ods to reduce nesting populations of avian NANCING FOR SMALL AND MEDIUM- ject to the availability of appropriations’’. predators on dredge spoil islands in the Co- SIZED PORTS. SEC. 143. RESEARCH AND DEVELOPMENT PRO- lumbia River under the jurisdiction of the (a) STUDY.—The Comptroller General of GRAM FOR COLUMBIA AND SNAKE Secretary. the United States shall conduct a study and RIVERS SALMON SURVIVAL. ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— analysis of various alternatives for innova- Section 511 of the Water Resources Devel- There is authorized to be appropriated tive financing of future construction, oper- opment Act of 1996 (16 U.S.C. 3301 note; Pub- $1,000,000 to carry out research and develop- ation, and maintenance of projects in small lic Law 104–303) is amended by striking sub- ment activities under this subsection. and medium-sized ports. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12201

(b) REPORT.—Not later than 270 days after (C) specification of the fair market value meeting the certification requirement of the date of enactment of this Act, the Comp- of each parcel of land subject to this section. subsection (c)(1)’’. troller General shall submit to the Commit- (3) OFFICIAL DATE OF NOTICE.—The official SEC. 155. CITY OF CHARLEVOIX REIMBURSE- tee on Environment and Public Works of the date of notice under this subsection shall be MENT, MICHIGAN. Senate and Committee on Transportation the later of— The Secretary shall review and, if consist- and Infrastructure of the House of Rep- (A) the date on which actual notice is ent with authorized project purposes, reim- resentatives and the results of the study and mailed; or burse the city of Charlevoix, Michigan, for any related legislative recommendations for (B) the date of publication of the notice in the Federal share of costs associated with consideration by Congress. the Federal Register. construction of the new revetment connec- SEC. 149. CANDY LAKE PROJECT, OSAGE COUNTY, SEC. 150. SALCHA RIVER AND PILEDRIVER tion to the Federal navigation project at OKLAHOMA. SLOUGH, FAIRBANKS, ALASKA. Charlevoix Harbor, Michigan. (a) DEFINITIONS.—In this section: The Secretary shall evaluate and, if justi- SEC. 156. HAMILTON DAM FLOOD CONTROL (1) FAIR MARKET VALUE.—The term ‘‘fair fied under section 205 of the Flood Control PROJECT, MICHIGAN. market value’’ means the amount for which Act of 1948 (33 U.S.C. 701s), carry out flood The Secretary may construct the Hamilton a willing buyer would purchase and a willing damage reduction measures along the lower Dam flood control project, Michigan, under seller would sell a parcel of land, as deter- Salcha River and on Piledriver Slough, from authority of section 205 of the Flood Control mined by a qualified, independent land ap- its headwaters at the mouth of the Salcha Act of 1948 (33 U.S.C. 701s). praiser. River to the Chena Lakes Flood Control SEC. 157. NATIONAL CONTAMINATED SEDIMENT (2) PREVIOUS OWNER OF LAND.—The term Project, in the vicinity of Fairbanks, Alaska, TASK FORCE. (a) DEFINITION OF TASK FORCE.—In this sec- ‘‘previous owner of land’’ means a person (in- to protect against surface water flooding. cluding a corporation) that conveyed, or a tion, the term ‘‘Task Force’’ means the Na- SEC. 151. EYAK RIVER, CORDOVA, ALASKA. descendant of a deceased individual who con- tional Contaminated Sediment Task Force The Secretary shall evaluate and, if justi- veyed, land to the Army Corps of Engineers established by section 502 of the National fied under section 205 of the Flood Control for use in the Candy Lake project in Osage Contaminated Sediment Assessment and County, Oklahoma. Act of 1948 (33 U.S.C. 701s), carry out flood Management Act (33 U.S.C. 1271 note; Public damage reduction measures along the Eyak (3) SECRETARY.—The term ‘‘Secretary’’ Law 102–580). means the Secretary of the Army. River at the town of Cordova, Alaska. (b) CONVENING.—The Secretary and the Ad- (b) LAND CONVEYANCES.— SEC. 152. NORTH PADRE ISLAND STORM DAMAGE ministrator shall convene the Task Force (1) IN GENERAL.—The Secretary shall con- REDUCTION AND ENVIRONMENTAL not later than 90 days after the date of en- vey, in accordance with this section, all RESTORATION PROJECT. actment of this Act. right, title, and interest of the United States The Secretary shall carry out a project for (c) REPORTING ON REMEDIAL ACTION.— in and to the land acquired by the United ecosystem restoration and storm damage re- (1) IN GENERAL.—Not later than 1 year after States for the Candy Lake project in Osage duction at North Padre Island, Corpus Chris- the date of enactment of this Act, the Task County, Oklahoma. ti Bay, Texas, at a total estimated cost of Force shall submit to Congress a report on (2) PREVIOUS OWNERS OF LAND.— $30,000,000, with an estimated Federal cost of the status of remedial actions at aquatic (A) IN GENERAL.—The Secretary shall give $19,500,000 and an estimated non-Federal cost sites in the areas described in paragraph (2). a previous owner of land first option to pur- of $10,500,000, if the Secretary finds that the (2) AREAS.—The report under paragraph (1) chase the land described in paragraph (1). work is technically sound, environmentally shall address remedial actions in— (B) APPLICATION.— acceptable, and economically justified. (A) areas of probable concern identified in (i) IN GENERAL.—A previous owner of land SEC. 153. KANOPOLIS LAKE, KANSAS. the survey of data regarding aquatic sedi- that desires to purchase the land described (a) WATER SUPPLY.— ment quality required by section 503(a) of in paragraph (1) that was owned by the pre- (1) IN GENERAL.—Not later than 1 year after the National Contaminated Sediment Assess- vious owner of land, or by the individual the date of enactment of this Act, the Sec- ment and Management Act (33 U.S.C. 1271); from whom the previous owner of land is de- retary, in cooperation with the State of Kan- (B) areas of concern within the Great scended, shall file an application to purchase sas or another non-Federal interest, shall Lakes, as identified under section 118(f) of the land with the Secretary not later than complete a water supply reallocation study the Federal Water Pollution Control Act (33 180 days after the official date of notice to at the project for flood control, Kanopolis U.S.C. 1268(f)); the previous owner of land under subsection Lake, Kansas, as a basis on which the Sec- (C) estuaries of national significance iden- (c). retary shall enter into negotiations with the tified under section 320 of the Federal Water (ii) FIRST TO FILE HAS FIRST OPTION.—If State of Kansas or another non-Federal in- Pollution Control Act (33 U.S.C. 1330); more than 1 application is filed for a parcel terest for the terms and conditions of a re- (D) areas for which remedial action has of land described in paragraph (1), first op- allocation of the water supply. been authorized under any of the Water Re- tions to purchase the parcel of land shall be (2) OPTIONS.—The negotiations for storage sources Development Acts; and allotted in the order in which applications reallocation shall include the following op- (E) as appropriate, any other areas where for the parcel of land were filed. tions for evaluation by all parties: sediment contamination is identified by the (C) IDENTIFICATION OF PREVIOUS OWNERS OF (A) Financial terms of storage realloca- Task Force. LAND.—As soon as practicable after the date tion. (3) ACTIVITIES.—Remedial actions subject of enactment of this Act, the Secretary (B) Protection of future Federal water re- to reporting under this subsection include shall, to the extent practicable, identify leases from Kanopolis Dam, consistent with remedial actions under— each previous owner of land. State water law, to ensure that the benefits (A) the Comprehensive Environmental Re- (D) CONSIDERATION.—Consideration for land expected from releases are provided. sponse, Compensation, and Liability Act of conveyed under this subsection shall be the (C) Potential establishment of a water as- 1980 (42 U.S.C. 9601 et seq.) or other Federal fair market value of the land. surance district consistent with other such or State law containing environmental re- (3) DISPOSAL.—Any land described in para- districts established by the State of Kansas. mediation authority; graph (1) for which an application has not (D) Protection of existing project purposes (B) any of the Water Resources Develop- been filed under paragraph (2)(B) within the at Kanopolis Dam to include flood control, ment Acts; applicable time period shall be disposed of in recreation, and fish and wildlife. (C) section 404 of the Federal Water Pollu- accordance with law. (b) IN-KIND CREDIT.— tion Control Act (33 U.S.C. 1344); or (4) EXTINGUISHMENT OF EASEMENTS.—All (1) IN GENERAL.—The Secretary may nego- (D) section 10 of the Act of March 3, 1899 (30 flowage easements acquired by the United tiate a credit for a portion of the financial Stat. 1151, chapter 425). States for use in the Candy Lake project in repayment to the Federal Government for (4) CONTENTS.—The report under paragraph Osage County, Oklahoma, are extinguished. work performed by the State of Kansas, or (1) shall provide, with respect to each reme- (c) NOTICE.— another non-Federal interest, on land adja- dial action described in the report, a descrip- (1) IN GENERAL.—The Secretary shall no- cent or in close proximity to the project, if tion of— tify— the work provides a benefit to the project. (A) the authorities and sources of funding (A) each person identified as a previous (2) WORK INCLUDED.—The work for which for conducting the remedial action; owner of land under subsection (b)(2)(C), not credit may be granted may include water- (B) the nature and sources of the sediment later than 90 days after identification, by shed protection and enhancement, including contamination, including volume and con- United States mail; and wetland construction and ecosystem restora- centration, where appropriate; (B) the general public, not later than 90 tion. (C) the testing conducted to determine the days after the date of enactment of this Act, SEC. 154. NEW YORK CITY WATERSHED. nature and extent of sediment contamina- by publication in the Federal Register. Section 552(d) of the Water Resources De- tion and to determine whether the remedial (2) CONTENTS OF NOTICE.—Notice under this velopment Act of 1996 (110 Stat. 3780) is action is necessary; subsection shall include— amended by striking ‘‘for the project to be (D) the action levels or other factors used (A) a copy of this section; carried out with such assistance’’ and insert- to determine that the remedial action is nec- (B) information sufficient to separately ing ‘‘, or a public entity designated by the essary; identify each parcel of land subject to this State director, to carry out the project with (E) the nature of the remedial action section; and such assistance, subject to the project’s planned or undertaken, including the levels S12202 CONGRESSIONAL RECORD — SENATE October 9, 1998

of protection of public health and the envi- (B) RECOMMENDATIONS.—The recommenda- (b) COOPERATION.—In carrying out studies ronment to be achieved by the remedial ac- tions in the report under subparagraph (A) and investigations under subsection (a), the tion; shall include recommendations relating to Secretary shall cooperate with Federal, (F) the ultimate disposition of any mate- the resources and funds necessary for imple- State, and local agencies and nongovern- rial dredged as part of the remedial action; menting improvement of the information mental organizations to ensure full consider- (G) the status of projects and the obstacles base. ation of all views and requirements of all or barriers to prompt conduct of the reme- (C) CONSIDERATIONS.—In developing the re- interrelated programs that those agencies dial action; and port under subparagraph (A), the Secretary, may develop independently or in coordina- (H) contacts and sources of further infor- in cooperation with the Secretary of State, tion with the Army Corps of Engineers. mation concerning the remedial action. the Secretary of Transportation, and other SEC. 161. IRRIGATION DIVERSION PROTECTION AND FISHERIES ENHANCEMENT AS- SEC. 158. GREAT LAKES BASIN PROGRAM. relevant agencies as appropriate, shall con- sider and report on the status of the issues SISTANCE. (a) STRATEGIC PLANS.— described and recommendations made in— The Secretary may provide technical plan- (1) IN GENERAL.—Not later than 18 months ning and design assistance to non-Federal in- after the date of enactment of this Act, and (i) the Report of the International Joint Commission to the Governments of the terests and may conduct other site-specific every 2 years thereafter, the Secretary shall studies to formulate and evaluate fish report to Congress on a plan for programs of United States and Canada under the 1977 ref- erence issued in 1985; and screens, fish passages devices, and other the Army Corps of Engineers in the Great (ii) the 1993 Report of the International measures to decrease the incidence of juve- Lakes basin. Joint Commission to the Governments of nile and adult fish inadvertently entering (2) CONTENTS.—The plan shall include de- Canada and the United States on Methods of into irrigation systems. Measures shall be tails of the projected environmental and Alleviating Adverse Consequences of Fluc- developed in cooperation with Federal and navigational projects in the Great Lakes tuating Water Levels in the Great Lakes St. State resource agencies and not impair the basin, including— Lawrence Basin. continued withdrawal of water for irrigation (A) navigational maintenance and oper- (c) GREAT LAKES RECREATIONAL BOATING.— purposes. In providing such assistance prior- ations for commercial and recreational ves- Not later than 18 months after the date of ity shall be given based on the objectives of sels; enactment of this Act, the Secretary shall, the Endangered Species Act, cost-effective- (B) environmental restoration activities; using information and studies in existence ness, and the potential for reducing fish mor- (C) water level maintenance activities; on the date of enactment of this Act to the tality. Non-Federal interests shall agree by (D) technical and planning assistance to maximum extent practicable, and in co- contract to contribute 50 percent of the cost States and remedial action planning com- operation with the Great Lakes States, sub- of such assistance. Not more than one-half of mittees; mit to Congress a report detailing the eco- such non-Federal contribution may be made (E) sediment transport analysis, sediment nomic benefits of recreational boating in the by the provision of services, materials, sup- management planning, and activities to sup- Great Lakes basin, particularly at harbors plies, or other in-kind services. No construc- port prevention of excess sediment loadings; benefiting from operation and maintenance tion activities are authorized by this section. (F) flood damage reduction and shoreline projects of the Army Corps of Engineers. Not later than 2 years after the date of en- erosion prevention; (d) COOPERATION.—In undertaking activi- actment of this section, the Secretary shall (G) all other activities of the Army Corps ties under this section, the Secretary shall— report to Congress on fish mortality caused of Engineers; and (1) encourage public participation; and by irrigation water intake devices, appro- (H) an analysis of factors limiting use of (2) cooperate, and, as appropriate, collabo- priate measures to reduce mortality, the ex- programs and authorities of the Army Corps rate, with Great Lakes States, tribal govern- tent to which such measures are currently of Engineers in existence on the date of en- ments, and Canadian federal, provincial, being employed in the arid States, the con- actment of this Act in the Great Lakes tribal governments. struction costs associated with such meas- basin, including the need for new or modified (e) WATER USE ACTIVITIES AND POLICIES.— ures, and the appropriate Federal role, if authorities. The Secretary may provide technical assist- any, to encourage the use of such measures. (b) GREAT LAKES BIOHYDROLOGICAL INFOR- ance to the Great Lakes States to develop TITLE II—CHEYENNE RIVER SIOUX TRIBE, MATION.— interstate guidelines to improve the consist- LOWER BRULE SIOUX TRIBE, AND STATE (1) INVENTORY.— ency and efficiency of State-level water use OF SOUTH DAKOTA TERRESTRIAL WILD- (A) IN GENERAL.—Not later than 90 days activities and policies in the Great Lakes LIFE HABITAT RESTORATION basin. after the date of enactment of this Act, the SEC. 201. DEFINITIONS. (f) COST SHARING.—The Secretary may seek Secretary shall request each Federal agency In this title: and accept funds from non-Federal entities that may possess information relevant to the to be used to pay up to 25 percent of the cost (1) RESTORATION.—The term ‘‘restoration’’ Great Lakes biohydrological system to pro- of carrying out subsections (b), (c), (d), and means mitigation of the habitat of wildlife. vide an inventory of all such information in (e). (2) SECRETARY.—The term ‘‘Secretary’’ the possession of the agency. means the Secretary of the Army. SEC. 159. PROJECTS FOR IMPROVEMENT OF THE (B) RELEVANT INFORMATION.—For the pur- ENVIRONMENT. (3) TERRESTRIAL WILDLIFE HABITAT.—The pose of subparagraph (A), relevant informa- Section 1135(c) of the Water Resources De- term ‘‘terrestrial wildlife habitat’’ means a tion includes information on— velopment Act of 1986 (33 U.S.C. 2309a(c)) is habitat for a wildlife species (including game (i) ground and surface water hydrology; amended— and nongame species) that existed or exists (ii) natural and altered tributary dynam- (1) by striking ‘‘If the Secretary’’ and in- on an upland habitat (including a prairie ics; serting the following: grassland, woodland, bottom land forest, (iii) biological aspects of the system influ- ‘‘(1) IN GENERAL.—If the Secretary’’; and scrub, or shrub) or an emergent wetland enced by and influencing water quantity and (2) by adding at the end the following: habitat. water movement; ‘‘(2) CONTROL OF SEA LAMPREY.—Congress (4) WILDLIFE.—The term ‘‘wildlife’’ has the (iv) meteorological projections and weath- finds that— meaning given the term in section 8 of the er impacts on Great Lakes water levels; and ‘‘(A) the Great Lakes navigation system Fish and Wildlife Coordination Act (16 U.S.C. (v) other Great Lakes biohydrological sys- has been instrumental in the spread of sea 666b). tem data relevant to sustainable water use lamprey and the associated impacts to its SEC. 202. TERRESTRIAL WILDLIFE HABITAT RES- management. fishery; and TORATION. (2) REPORT.— ‘‘(B) the use of the authority under this (a) TERRESTRIAL WILDLIFE HABITAT RES- (A) IN GENERAL.—Not later than 18 months subsection for control of sea lamprey at any TORATION PLANS.— after the date of enactment of this Act, the Great Lakes basin location is appropriate.’’. (1) IN GENERAL.—In accordance with this Secretary, in consultation with the States, subsection and in consultation with the Sec- SEC. 160. WATER QUALITY, ENVIRONMENTAL Indian tribes, and Federal agencies, and after QUALITY, RECREATION, FISH AND retary and the Secretary of the Interior, the requesting information from the provinces WILDLIFE, FLOOD CONTROL, AND State of South Dakota, the Cheyenne River and the federal government of Canada, NAVIGATION. Sioux Tribe, and the Lower Brule Sioux shall— (a) IN GENERAL.—The Secretary may inves- Tribe shall, as a condition of the receipt of (i) compile the inventories of information; tigate, study, evaluate, and report on— funds under this title, each develop a plan (ii) analyze the information for consist- (1) water quality, environmental quality, for the restoration of terrestrial wildlife ency and gaps; and recreation, fish and wildlife, flood control, habitat loss that occurred as a result of (iii) submit to Congress, the International and navigation in the western Lake Erie wa- flooding related to the Big Bend and Oahe Joint Commission, and the Great Lakes tershed, including the watersheds of the projects carried out as part of the Pick- States a report that includes recommenda- Maumee River, Ottawa River, and Portage Sloan Missouri River Basin program. tions on ways to improve the information River in the States of Indiana, Ohio, and (2) SUBMISSION OF PLAN TO SECRETARY.—On base on the biohydrological dynamics of the Michigan; and completion of a plan for terrestrial wildlife Great Lakes ecosystem as a whole, so as to (2) measures to improve water quality, en- habitat restoration, the State of South Da- support environmentally sound decisions re- vironmental quality, recreation, fish and kota, the Cheyenne River Sioux Tribe, and garding diversions and consumptive uses of wildlife, flood control, and navigation in the the Lower Brule Sioux Tribe shall submit Great Lakes water. western Lake Erie basin. the plan to the Secretary. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12203

(3) REVIEW BY SECRETARY AND SUBMISSION consultation with the United States Fish Missouri River Basin program, administered TO COMMITTEES.—The Secretary shall review and Wildlife Service and the Secretary and by the Western Area Power Administration. the plan and submit the plan, with any com- with an opportunity for public comment) (c) INVESTMENTS.—The Secretary of the ments, to the appropriate committees of the shall develop a plan to lease land for the pro- Treasury shall invest the amounts deposited Senate and the House of Representatives. tection and development of wildlife habitat, under subsection (b) only in interest-bearing (4) FUNDING FOR CARRYING OUT PLANS.— including habitat for threatened and endan- obligations of the United States or in obliga- (A) STATE OF SOUTH DAKOTA.— gered species, associated with the Missouri tions guaranteed by the United States as to (i) NOTIFICATION.—On receipt of the plan River ecosystem. both principal and interest. for terrestrial wildlife habitat restoration (B) USE FOR PROGRAM.—The plan shall be (d) PAYMENTS.— submitted by the State of South Dakota, used by the State of South Dakota, the (1) IN GENERAL.—All amounts credited as each of the Committees referred to in para- Cheyenne River Sioux Tribe, or the Lower interest under subsection (c) shall be avail- graph (3) shall notify the Secretary of the Brule Sioux Tribe in carrying out the pro- able, without fiscal year limitation, to the Treasury of the receipt of the plan. gram carried out under paragraph (1). State of South Dakota for use in accordance (ii) AVAILABILITY OF FUNDS.—On notifica- (3) CONDITIONS OF LEASES.—Each lease cov- with paragraph (3). tion in accordance with clause (i), the Sec- ered under a program carried out under para- (2) WITHDRAWAL AND TRANSFER OF FUNDS.— retary of the Treasury shall make available graph (1) shall specify that the owner of the Subject to section 202(a)(4)(A), the Secretary to the State of South Dakota funds from the property that is subject to the lease shall of the Treasury shall withdraw amounts South Dakota Terrestrial Wildlife Habitat provide— credited as interest under paragraph (1) and Restoration Trust Fund established under (A) public access for sportsmen during transfer the amounts to the State of South section 203, to be used to carry out the plan hunting season; and Dakota for use as State funds in accordance for terrestrial wildlife habitat restoration (B) public access for other outdoor uses with paragraph (3). submitted by the State. covered under the lease, as negotiated by the (3) USE OF TRANSFERRED FUNDS.— (B) CHEYENNE RIVER SIOUX TRIBE AND LOWER landowner and the State of South Dakota, (A) IN GENERAL.—Subject to subparagraph BRULE SIOUX TRIBE.— the Cheyenne River Sioux Tribe, or the (B), the State of South Dakota shall use the (i) NOTIFICATION.—On receipt of the plan Lower Brule Sioux Tribe. amounts transferred under paragraph (2) for terrestrial wildlife habitat restoration (4) USE OF ASSISTANCE.— only to— submitted by the Cheyenne River Sioux (A) STATE OF SOUTH DAKOTA.—If the State (i) fully fund the annually scheduled work Tribe and the Lower Brule Sioux Tribe, each of South Dakota conducts a program under described in the terrestrial wildlife habitat of the Committees referred to in paragraph this subsection, the State may use funds restoration plan of the State developed (3) shall notify the Secretary of the Treasury made available under section 203(d)(3)(A)(iii) under section 202(a); and of the receipt of each of the plans. to— (ii) with any remaining funds— (ii) AVAILABILITY OF FUNDS.—On notifica- (i) acquire easements, rights-of-way, or (I) protect archaeological, historical, and tion in accordance with clause (i), the Sec- leases for management and protection of cultural sites located along the Missouri retary of the Treasury shall make available wildlife habitat, including habitat for River on land transferred to the State; to the Cheyenne River Sioux Tribe and the threatened and endangered species, and pub- (II) fund all costs associated with the own- Lower Brule Sioux Tribe funds from the lic access to wildlife on private property in ership, management, operation, administra- Cheyenne River Sioux Tribe Terrestrial the State of South Dakota; tion, maintenance, and development of Wildlife Habitat Restoration Trust Fund and (ii) create public access to Federal or State recreation areas and other lands that are the Lower Brule Sioux Tribe Terrestrial land through the purchase of easements or transferred to the State of South Dakota by Wildlife Habitat Restoration Trust Fund, re- rights-of-way that traverse such private the Secretary; spectively, established under section 204, to property; or (III) purchase and administer wildlife habi- be used to carry out the plan for terrestrial (iii) lease land for the creation or restora- tat leases under section 202(b); wildlife habitat restoration submitted by the tion of a wetland on such private property. (IV) carry out other activities described in Cheyenne River Sioux Tribe and the Lower (B) CHEYENNE RIVER SIOUX TRIBE AND LOWER section 202; and Brule Sioux Tribe, respectively. BRULE SIOUX TRIBE.—If the Cheyenne River (V) develop and maintain public access to, (C) TRANSITION PERIOD.— Sioux Tribe or the Lower Brule Sioux Tribe and protect, wildlife habitat and recreation (i) IN GENERAL.—During the period de- areas along the Missouri River. scribed in clause (ii), the Secretary shall— conducts a program under this subsection, (B) PROHIBITION.—The amounts transferred (I) fund the terrestrial wildlife habitat res- the Tribe may use funds made available under section 204(d)(3)(A)(iii) for the pur- under paragraph (2) shall not be used for the toration programs being carried out on the purchase of land in fee title. date of enactment of this Act on Oahe and poses described in subparagraph (A). (c) FEDERAL OBLIGATION FOR TERRESTRIAL (e) TRANSFERS AND WITHDRAWALS.—Except Big Bend project land and the plans estab- WILDLIFE HABITAT MITIGATION FOR THE BIG as provided in subsection (d), the Secretary lished under this section at a level that does BEND AND OAHE PROJECTS IN SOUTH DA- of the Treasury may not transfer or with- not exceed the highest amount of funding KOTA.—The establishment of the trust funds draw any amount deposited under subsection that was provided for the programs during a under sections 203 and 204 and the develop- (b). previous fiscal year; and ment and implementation of plans for terres- (f) ADMINISTRATIVE EXPENSES.—There are (II) implement the programs. trial wildlife habitat restoration developed authorized to be appropriated to the Sec- ERIOD.—Clause (i) shall apply during (ii) P by the State of South Dakota, the Cheyenne retary of the Treasury such sums as are nec- the period— River Sioux Tribe, and the Lower Brule essary to pay the administrative expenses of (I) beginning on the date of enactment of Sioux Tribe in accordance with this section the Fund. this Act; and shall be considered to satisfy the Federal ob- SEC. 204. CHEYENNE RIVER SIOUX TRIBE AND (II) ending on the earlier of— ligation under the Fish and Wildlife Coordi- LOWER BRULE SIOUX TRIBE TER- (aa) the date on which funds are made nation Act (16 U.S.C. 661 et seq.) for terres- RESTRIAL WILDLIFE HABITAT RES- available for use from the South Dakota Ter- trial wildlife habitat mitigation for the TORATION TRUST FUNDS. restrial Wildlife Habitat Restoration Trust State of South Dakota, the Cheyenne River (a) ESTABLISHMENT.—There are established Fund under section 203(d)(3)(A)(i) and the Sioux Tribe, and the Lower Brule Sioux in the Treasury of the United States 2 funds Cheyenne River Sioux Tribe Terrestrial Tribe for the Big Bend and Oahe projects car- to be known as the ‘‘Cheyenne River Sioux Wildlife Habitat Restoration Trust Fund and ried out as part of the Pick-Sloan Missouri Tribe Terrestrial Wildlife Restoration Trust the Lower Brule Sioux Tribe Terrestrial River Basin program. Fund’’ and the ‘‘Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Wildlife Habitat Restoration Trust Fund SEC. 203. SOUTH DAKOTA TERRESTRIAL WILD- under section 204(d)(3)(A)(i); or LIFE HABITAT RESTORATION TRUST Trust Fund’’ (each of which is referred to in (bb) the date that is 4 years after the date FUND. this section as a ‘‘Fund’’). of enactment of this Act. (a) ESTABLISHMENT.—There is established (b) FUNDING.— (b) PROGRAMS FOR THE PURCHASE OF WILD- in the Treasury of the United States a fund (1) IN GENERAL.—Subject to paragraph (2), LIFE HABITAT LEASES.— to be known as the ‘‘South Dakota Terres- for the fiscal year during which this Act is (1) IN GENERAL.—The State of South Da- trial Wildlife Habitat Restoration Trust enacted and each fiscal year thereafter until kota may use funds made available under Fund’’ (referred to in this section as the the aggregate amount deposited in the Funds section 203(d)(3)(A)(iii) to develop a program ‘‘Fund’’). under this subsection is equal to at least for the purchase of wildlife habitat leases (b) FUNDING.—For the fiscal year during $57,400,000, the Secretary of the Treasury that meets the requirements of this sub- which this Act is enacted and each fiscal shall deposit in the Funds an amount equal section. year thereafter until the aggregate amount to 10 percent of the receipts from the depos- (2) DEVELOPMENT OF A PLAN.— deposited in the Fund under this subsection its in the Treasury of the United States for (A) IN GENERAL.—If the State of South Da- is equal to at least $108,000,000, the Secretary the preceding fiscal year from the power pro- kota, the Cheyenne River Sioux Tribe, or the of the Treasury shall deposit in the Fund an gram of the Pick-Sloan Missouri River Basin Lower Brule Sioux Tribe elects to conduct a amount equal to 15 percent of the receipts program, administered by the Western Area program under this subsection, the State of from the deposits in the Treasury of the Power Administration. South Dakota, the Cheyenne River Sioux United States for the preceding fiscal year (2) ALLOCATION.—Of the total amount of Tribe, or the Lower Brule Sioux Tribe (in from the power program of the Pick-Sloan funds deposited into the Funds for a fiscal S12204 CONGRESSIONAL RECORD — SENATE October 9, 1998 year, the Secretary of the Treasury shall de- land administered by the Secretary and used for transferring the land and recreation posit— by the Oglala Sioux Rural Water Supply Sys- areas under this section. (A) 74 percent of the funds into the Chey- tem, are granted to the Oglala Sioux Tribe in (2) TRANSFER DEADLINE.—All land and enne River Sioux Tribe Terrestrial Wildlife perpetuity to be held in trust under section recreation areas shall be transferred not Restoration Trust Fund; and 3(e) of the Mni Wiconi Project Act of 1988 (102 later than 1 year after the full capitalization (B) 26 percent of the funds into the Lower Stat. 2568). of the Trust Fund described in section 203. Brule Sioux Tribe Terrestrial Wildlife Habi- (2) USES.—The Department shall maintain (f) TRANSFER CONDITIONS.—The land and tat Restoration Trust Fund. and develop the land outside the recreation recreation areas described in subsections (b) (c) INVESTMENTS.—The Secretary of the areas for fish and wildlife purposes in accord- and (c) shall be transferred in fee title to the Treasury shall invest the amounts deposited ance with— Department on the following conditions: under subsection (b) only in interest-bearing (A) fish and wildlife purposes in effect on (1) RESPONSIBILITY FOR DAMAGE.—The Sec- obligations of the United States or in obliga- the date of enactment of this Act; or retary of the Army shall not be responsible tions guaranteed as to both principal and in- (B) a plan developed under section 202. for any damage to the land caused by flood- terest by the United States. (3) CORPS OF ENGINEERS.—The transfer ing, sloughing, erosion, or other changes to (d) PAYMENTS.— shall not interfere with the Corps of Engi- the land caused by the operation of any (1) IN GENERAL.—All amounts credited as neers operation of a project under this sec- project of the Pick-Sloan Missouri River interest under subsection (c) shall be avail- tion for an authorized purpose of the project Basin program (except as otherwise provided able, without fiscal year limitation, to the under the Act of December 22, 1944 (58 Stat. by Federal law). Cheyenne River Sioux Tribe and the Lower 887, chapter 665; 33 U.S.C. 701–1 et seq.), or (2) EASEMENTS, RIGHTS-OF-WAY, LEASES, Brule Sioux Tribe for their use in accordance other applicable law. AND COST-SHARING AGREEMENTS.—The Depart- with paragraph (3). (4) SECRETARY OF THE ARMY.—The Sec- ment shall maintain all easements, rights- (2) WITHDRAWAL AND TRANSFER OF FUNDS.— retary of the Army shall retain the right to of-way, leases, and cost-sharing agreements Subject to section 202(a)(4)(B), the Secretary inundate with water the land transferred to that are in effect as of the date of the trans- of the Treasury shall withdraw amounts the Department under this section or draw fer. credited as interest under paragraph (1) and down a project reservoir, as necessary to (g) HUNTING AND FISHING.— transfer the amounts to the Cheyenne River carry out an authorized purpose of a project. (1) IN GENERAL.—Nothing in this title af- Sioux Tribe and the Lower Brule Sioux Tribe (b) LAND TRANSFERRED.—The land de- fects jurisdiction over the land and water for use in accordance with paragraph (3). scribed in this subsection is land that— below the exclusive flood pool of the Mis- (3) USE OF TRANSFERRED FUNDS.— (1) is located above the top of the exclusive souri River within the State of South Da- (A) IN GENERAL.—Subject to subparagraph flood pool of the Oahe, Big Bend, Fort Ran- kota, including affected Indian reservations. (B), the Cheyenne River Sioux Tribe and the dall, and Gavin’s Point projects of the Pick- The State of South Dakota, the Lower Brule Lower Brule Sioux Tribe shall use the Sloan Missouri River Basin program; Sioux Tribe, and the Cheyenne River Sioux amounts transferred under paragraph (2) (2) was acquired by the Secretary of the Tribe shall continue in perpetuity to exer- only to— Army for the implementation of the Pick- cise the jurisdiction the State and Tribes (i) fully fund the annually scheduled work Sloan Missouri River Basin program; possess on the date of enactment of this Act. described in the terrestrial wildlife habitat (3) is located outside the external bound- (2) NO EFFECT ON RESPECTIVE JURISDIC- restoration plan of the respective Tribe de- aries of a reservation of an Indian Tribe; and TIONS.—The Secretary may not adopt any veloped under section 202(a); and (4) is located within the State of South Da- regulation or otherwise affect the respective (ii) with any remaining funds— kota. jurisdictions of the State of South Dakota, (I) protect archaeological, historical, and (c) RECREATION AREAS TRANSFERRED.—A the Lower Brule River Sioux Tribe, or the cultural sites located along the Missouri recreation area described in this section in- Cheyenne River Sioux Tribe described in River on land transferred to the respective cludes the land and waters within a recre- paragraph (1). Tribe; ation area that— (h) APPLICABILITY OF LAW.—Notwithstand- (II) fund all costs associated with the own- (1) the Secretary of the Army determines, ing any other provision of this Act, the fol- ership, management, operation, administra- at the time of the transfer, is a recreation lowing provisions of law shall apply to land tion, maintenance, and development of area classified for recreation use by the transferred under this section: recreation areas and other lands that are Corps of Engineers on the date of enactment (1) The National Historic Preservation Act transferred to the respective Tribe by the of this Act; (16 U.S.C. 470 et seq.), including sections 106 Secretary; (2) is located outside the external bound- and 304 of that Act (16 U.S.C. 470f, 470w–3). (III) purchase and administer wildlife habi- aries of a reservation of an Indian Tribe; (2) The Archaeological Resources Protec- tat leases under section 202(b); (3) is located within the State of South Da- tion Act of 1979 (16 U.S.C. 470aa et seq.), in- (IV) carry out other activities described in kota; cluding sections 4, 6, 7, and 9 of that Act (16 section 202; and (4) is not the recreation area known as U.S.C. 470cc, 470ee, 470ff, 470hh). (V) develop and maintain public access to, ‘‘Cottonwood’’, ‘‘Training Dike’’, or (3) The Native American Graves Protection and protect, wildlife habitat and recreation ‘‘Tailwaters’’; and Act and Repatriation Act (25 U.S.C. 3001 et areas along the Missouri River. (5) is located below Gavin’s Point Dam in seq.), including subsections (a) and (d) of sec- (B) PROHIBITION.—The amounts transferred the State of South Dakota in accordance tion 3 of that Act (25 U.S.C. 3003). under paragraph (2) shall not be used for the with boundary agreements and reciprocal SEC. 206. TRANSFER OF CORPS OF ENGINEERS purchase of land in fee title. fishing agreements between the State of LAND FOR INDIAN TRIBES. (e) TRANSFERS AND WITHDRAWALS.—Except South Dakota and the State of Nebraska in (a) IN GENERAL.— as provided in subsection (d), the Secretary effect on the date of enactment of this Act, (1) TRANSFER.—The Secretary of the Army of the Treasury may not transfer or with- which agreements shall continue to be hon- shall transfer to the Secretary of the Inte- draw any amount deposited under subsection ored by the State of South Dakota as the rior the land and recreation areas described (b). agreements apply to any land or recreation in subsections (b) and (c). (f) ADMINISTRATIVE EXPENSES.—There are areas transferred under this title to the (2) CORPS OF ENGINEERS.—The transfer authorized to be appropriated to the Sec- State of South Dakota below Gavin’s Point shall not interfere with the Corps of Engi- retary of the Treasury such sums as are nec- Dam and on the waters of the Missouri neers operation of a project under this sec- essary to pay the administrative expenses of River. tion for an authorized purpose of the project the Fund. (d) MAP.— under the Act of December 22, 1944 (58 Stat. SEC. 205. TRANSFER OF FEDERAL LAND TO (1) IN GENERAL.—The Secretary of the 887, chapter 665; 33 U.S.C. 701–1 et seq.), or STATE OF SOUTH DAKOTA. Army, in consultation with the Department, other applicable law. (a) IN GENERAL.— shall prepare a map of the land and recre- (3) SECRETARY OF THE ARMY.—The Sec- (1) TRANSFER.— ation areas transferred under this section. retary of the Army shall retain the right to (A) IN GENERAL.—The Secretary of the (2) LAND.—The map shall identify— inundate with water the land transferred to Army shall transfer to the Department of (A) land reasonably expected to be required the Secretary of the Interior under this sec- Game, Fish and Parks of the State of South for project purposes during the 20-year pe- tion or draw down a project reservoir, as nec- Dakota (referred to in this section as the riod beginning on the date of enactment of essary to carry out an authorized purpose of ‘‘Department’’) the land and recreation areas this Act; and a project. described in subsections (b) and (c) for fish (B) dams and related structures; (4) TRUST.—The Secretary of the Interior and wildlife purposes, or public recreation which shall be retained by the Secretary. shall hold in trust for the Cheyenne River uses, in perpetuity. (3) AVAILABILITY.—The map shall be on file Sioux Tribe and the Lower Brule Sioux Tribe (B) PERMITS, RIGHTS-OF-WAY, AND EASE- in the appropriate offices of the Secretary of the land transferred under this section that MENTS.—All permits, rights-of-way, and ease- the Army. is located within the external boundaries of ments granted by the Secretary of the Army (e) SCHEDULE FOR TRANSFER.— the reservation of the Indian Tribes. to the Oglala Sioux Tribe for land on the (1) IN GENERAL.—Not later than 1 year after (b) LAND TRANSFERRED.—The land de- west side of the Missouri River between the the date of enactment of this Act, the Sec- scribed in this subsection is land that— Oahe Dam and Highway 14, and all permits, retary of the Army and the Secretary of the (1) is located above the top of the exclusive rights-of-way, and easements on any other Department shall jointly develop a schedule flood pool of the Big Bend and Oahe projects October 9, 1998 CONGRESSIONAL RECORD — SENATE S12205

of the Pick-Sloan Missouri River Basin pro- (3) EASEMENTS, RIGHTS-OF-WAY, LEASES, 205(b) or 206(b) shall occur until the Sec- gram; AND COST-SHARING AGREEMENTS.— retary determines, based on the study, that (2) was acquired by the Secretary of the (A) MAINTENANCE.—The Secretary of the the transfer of land under either section will Army for the implementation of the Pick- Interior shall maintain all easements, not significantly reduce the amount of water Sloan Missouri River Basin program; and rights-of-way, leases, and cost-sharing agree- flow to the downstream States of the Mis- (3) is located within the external bound- ments that are in effect as of the date of the souri River. aries of the reservation of the Cheyenne transfer. SEC. 209. AUTHORIZATION OF APPROPRIATIONS. River Sioux Tribe and the Lower Brule Sioux (B) PAYMENTS TO COUNTY.—The Secretary (a) SECRETARY.—There are authorized to be Tribe. of the Interior shall pay any affected county appropriated to the Secretary such sums as (c) RECREATION AREAS TRANSFERRED.—A 100 percent of the receipts from the ease- are necessary— recreation area described in this section in- ments, rights-of-way, leases, and cost-shar- (1) to pay the administrative expenses in- cludes the land and waters within a recre- ing agreements described in subparagraph curred by the Secretary in carrying out this ation area that— (A). title; and (1) the Secretary of the Army determines, SEC. 207. ADMINISTRATION. (2) to fund the implementation of terres- at the time of the transfer, is a recreation (a) IN GENERAL.—Nothing in this title di- trial wildlife habitat restoration plans under area classified for recreation use by the minishes or affects— section 202(a). Corps of Engineers on the date of enactment (1) any water right of an Indian Tribe; (b) SECRETARY OF THE INTERIOR.—There are of this Act; (2) any other right of an Indian Tribe, ex- authorized to be appropriated to the Sec- (2) is located within the external bound- cept as specifically provided in another pro- retary of the Interior such sums as are nec- aries of a reservation of an Indian Tribe; and vision of this title; essary to pay the administrative expenses in- (3) is located within the State of South Da- (3) any treaty right that is in effect on the curred by the Secretary of the Interior in kota. date of enactment of this Act; carrying out this title. (4) any external boundary of an Indian res- (d) MAP.— f (1) IN GENERAL.—The Secretary of the ervation of an Indian Tribe; Army, in consultation with the governing (5) any authority of the State of South Da- FINANCIAL SERVICES bodies of the Cheyenne River Sioux Tribe kota that relates to the protection, regula- COMPETITION ACT OF 1998 and the Lower Brule Sioux Tribe, shall pre- tion, or management of fish, terrestrial wild- pare a map of the land transferred under this life, and cultural and archaeological re- sources, except as specifically provided in section. LOTT AMENDMENT NO. 3804 (2) LAND.—The map shall identify— this title; or (A) land reasonably expected to be required (6) any authority of the Secretary, the Sec- Mr. LOTT proposed an amendment to for project purposes during the 20-year pe- retary of the Interior, or the head of any the motion to recommit proposed by riod beginning on the date of enactment of other Federal agency under a law in effect on him to the bill (H.R. 10) to enhance this Act; and the date of enactment of this Act, includ- competition in the financial services ing— (B) dams and related structures; industry by providing a prudential which shall be retained by the Secretary. (A) the National Historic Preservation Act (3) AVAILABILITY.—The map shall be on file (16 U.S.C. 470 et seq.); framework for the affiliation of banks, in the appropriate offices of the Secretary of (B) the Archaeological Resources Protec- securities firms, and other financial the Army. tion Act of 1979 (16 U.S.C. 470aa et seq.); service providers, and for other pur- (e) SCHEDULE FOR TRANSFER.— (C) the Fish and Wildlife Coordination Act poses; as follows: (1) IN GENERAL.—Not later than 1 year after (16 U.S.C. 661 et seq.); Strike all after the enacting clause and in- the date of enactment of this Act, the Sec- (D) the Act entitled ‘‘An Act for the pro- sert the following: tection of the bald eagle’’, approved June 8, retary of the Army and the Chairmen of the SECTION 1. SHORT TITLE; AMENDMENT TO 1986 Cheyenne River Sioux Tribe and the Lower 1940 (16 U.S.C. 668 et seq.); CODE; TABLE OF CONTENTS. (E) the Migratory Bird Treaty Act (16 Brule Sioux Tribe shall jointly develop a (a) SHORT TITLE.—This Act may be cited as U.S.C. 703 et seq.); schedule for transferring the land and recre- the ‘‘Parent and Student Savings Account (F) the Endangered Species Act of 1973 (16 ation areas under this section. PLUS Act’’. U.S.C. 1531 et seq.); (2) TRANSFER DEADLINE.—All land and (b) AMENDMENT TO 1986 CODE.—Except as oth- (G) the Native American Graves Protection recreation areas shall be transferred not erwise expressly provided, whenever in this Act and Repatriation Act (25 U.S.C. 3001 et seq.); later than 1 year after the full capitalization an amendment or repeal is expressed in terms of (H) the Federal Water Pollution Control of the State and tribal Trust Fund described an amendment to, or repeal of, a section or Act (commonly known as the ‘‘Clean Water in section 204. other provision, the reference shall be consid- Act’’) (33 U.S.C. 1251 et seq.); (f) TRANSFER CONDITIONS.—The land and ered to be made to a section or other provision (I) the Safe Drinking Water Act (42 U.S.C. recreation areas described in subsections (b) of the Internal Revenue Code of 1986. 300f et seq.); and and (c) shall be transferred to, and held in (c) TABLE OF CONTENTS.—The table of con- (J) the National Environmental Policy Act trust by, the Secretary of the Interior on the tents for this Act is as follows: following conditions: of 1969 (42 U.S.C. 4321 et seq.). Sec. 1. Short title; amendment to 1986 Code; (1) RESPONSIBILITY FOR DAMAGE.—The Sec- (b) POWER RATES.—No payment made table of contents. retary of the Army shall not be responsible under this title shall affect any power rate for any damage to the land caused by flood- under the Pick-Sloan Missouri River Basin TITLE I—TAX INCENTIVES FOR ing, sloughing, erosion, or other changes to program. EDUCATION (c) FEDERAL LIABILITY FOR DAMAGE.—Noth- the land caused by the operation of any Sec. 101. Modifications to education individual ing in this title relieves the Federal Govern- project of the Pick-Sloan Missouri River retirement accounts. ment of liability for damage to private land Basin program (except as otherwise provided caused by the operation of the Pick-Sloan Sec. 102. Exclusion from gross income of edu- by Federal law). Missouri River Basin program. cation distributions from qualified (2) HUNTING AND FISHING.—Nothing in this (d) FLOOD CONTROL.—Notwithstanding any State tuition programs. title affects jurisdiction over the land and other provision of this title, the Secretary Sec. 103. Extension of exclusion for employer- waters below the exclusive flood pool and shall retain the authority to operate the provided educational assistance. within the external boundaries of the Chey- Pick-Sloan Missouri River Basin program for Sec. 104. Additional increase in arbitrage rebate enne River Sioux Tribe and Lower Brule purposes of meeting the requirements of the exception for governmental bonds Sioux Tribe reservations. The State of South Act of December 22, 1944 (58 Stat. 887, chapter used to finance education facili- Dakota, the Lower Brule Sioux Tribe, and 665; 33 U.S.C. 701–1 et seq.). ties. the Cheyenne River Sioux Tribe shall con- SEC. 208. STUDY. Sec. 105. Exclusion of certain amounts received tinue to exercise, in perpetuity, the jurisdic- (a) IN GENERAL.—Not later than 1 year under the National Health Corps tion they possess on the date of enactment of after the date of enactment of this Act, the Scholarship program. this Act with regard to those lands and wa- Secretary of the Army shall arrange for the TITLE II—REVENUE ters. The Secretary may not adopt any regu- United States Geological Survey, in con- Sec. 201. Clarification of deduction for deferred lation or otherwise affect the respective ju- sultation with the Bureau of Indian Affairs compensation. risdictions of the State of South Dakota, the and other appropriate Federal agencies, to Sec. 202. Modification to foreign tax credit Lower Brule River Sioux Tribe, or the Chey- conduct a comprehensive study of the poten- carryback and carryover periods. enne River Sioux Tribe described in the pre- tial impacts of the transfer of land under ceding sentence. Jurisdiction over the land sections 205(b) and 206(b), including potential TITLE I—TAX INCENTIVES FOR transferred under this section shall be the impacts on South Dakota Sioux Tribes hav- EDUCATION same as that over other land held in trust by ing water claims within the Missouri River SEC. 101. MODIFICATIONS TO EDUCATION INDI- the Secretary of the Interior on the Chey- Basin, on water flows in the Missouri River. VIDUAL RETIREMENT ACCOUNTS. enne River Sioux Tribe reservation and the (b) NO TRANSFER PENDING DETERMINA- (a) TAX-FREE EXPENDITURES FOR ELEMEN- Lower Brule Sioux Tribe reservation. TION.—No transfer of land under section TARY AND SECONDARY SCHOOL EXPENSES.— S12206 CONGRESSIONAL RECORD — SENATE October 9, 1998

(1) IN GENERAL.—Section 530(b)(2) (defining is amended by striking ‘‘$500’’ and inserting (ii), by striking the period at the end of clause qualified higher education expenses) is amended ‘‘the contribution limit for such taxable year’’. (iii) and inserting ‘‘, or’’, and by adding at the to read as follows: (2) CONTRIBUTION LIMIT.—Section 530(b) (re- end the following new clause: ‘‘(2) QUALIFIED EDUCATION EXPENSES.— lating to definitions and special rules), as ‘‘(iv) an amount which is includible in gross ‘‘(A) IN GENERAL.—The term ‘qualified edu- amended by subsection (a)(2), is amended by income solely because the taxpayer elected cation expenses’ means— adding at the end the following new paragraph: under paragraph (2)(C) to waive the application ‘‘(i) qualified higher education expenses (as ‘‘(5) CONTRIBUTION LIMIT.—The term ‘con- of paragraph (2) for the taxable year.’’ defined in section 529(e)(3)), and tribution limit’ means $500 ($2,000 in the case of (g) EFFECTIVE DATES.— ‘‘(ii) qualified elementary and secondary edu- any taxable year beginning after December 31, (1) IN GENERAL.—Except as provided in para- cation expenses (as defined in paragraph (4)). 1998, and ending before January 1, 2003).’’ graph (2), the amendments made by this section Such expenses shall be reduced as provided in (3) CONFORMING AMENDMENTS.— shall apply to taxable years beginning after De- (A) Section 530(d)(4)(C) is amended by striking section 25A(g)(2). cember 31, 1998. ‘‘$500’’ and inserting ‘‘the contribution limit for ‘‘(B) QUALIFIED STATE TUITION PROGRAMS.— (2) TECHNICAL CORRECTIONS.—The amend- such taxable year’’. Such term shall include amounts paid or in- ments made by subsection (f) shall take effect as curred to purchase tuition credits or certificates, (B) Section 4973(e)(1)(A) is amended by strik- ing ‘‘$500’’ and inserting ‘‘the contribution limit if included in the amendments made by section or to make contributions to an account, under a 213 of the Taxpayer Relief Act of 1997. qualified State tuition program (as defined in (as defined in section 530(b)(5)) for such taxable section 529(b)) for the benefit of the beneficiary year’’. SEC. 102. EXCLUSION FROM GROSS INCOME OF (c) WAIVER OF AGE LIMITATIONS FOR CHIL- EDUCATION DISTRIBUTIONS FROM of the account.’’ QUALIFIED STATE TUITION PRO- DREN WITH SPECIAL NEEDS.—Section 530(b)(1) (2) QUALIFIED ELEMENTARY AND SECONDARY GRAMS. EDUCATION EXPENSES.—Section 530(b) (relating (defining education individual retirement ac- (a) IN GENERAL.—Section 529(c)(3)(B) (relat- to definitions and special rules) is amended by count) is amended by adding at the end the fol- lowing flush sentence: ing to distributions) is amended to read as fol- adding at the end the following new paragraph: lows: ‘‘(4) QUALIFIED ELEMENTARY AND SECONDARY ‘‘The age limitations in the preceding sentence ‘‘(B) DISTRIBUTIONS FOR QUALIFIED HIGHER EDUCATION EXPENSES.— shall not apply to any designated beneficiary EDUCATION EXPENSES.— ‘‘(A) IN GENERAL.—The term ‘qualified ele- with special needs (as determined under regula- mentary and secondary education expenses’ tions prescribed by the Secretary).’’ ‘‘(i) IN GENERAL.—No amount shall be includ- means— (d) CORPORATIONS PERMITTED TO CONTRIBUTE ible in gross income under subparagraph (A) if ‘‘(i) expenses for tuition, fees, academic tutor- TO ACCOUNTS.—Section 530(c)(1) (relating to re- the qualified higher education expenses of the ing, special needs services, books, supplies, com- duction in permitted contributions based on ad- designated beneficiary during the taxable year puter equipment (including related software and justed gross income) is amended by striking are not less than the aggregate distributions services), and other equipment which are in- ‘‘The maximum amount which a contributor’’ during the taxable year. curred in connection with the enrollment or at- and inserting ‘‘In the case of a contributor who ‘‘(ii) DISTRIBUTIONS IN EXCESS OF EXPENSES.— tendance of the designated beneficiary of the is an individual, the maximum amount the con- If such aggregate distributions exceed such ex- trust as an elementary or secondary school stu- tributor’’. penses during the taxable year, the amount oth- dent at a public, private, or religious school, or (e) NO DOUBLE BENEFIT.—Section 530(d)(2) erwise includible in gross income under subpara- ‘‘(ii) expenses for room and board, uniforms, (relating to distributions for qualified education graph (A) shall be reduced by the amount which transportation, and supplementary items and expenses), as amended by subsection (a)(3), is bears the same ratio to the amount so includible services (including extended day programs) amended by adding at the end the following (without regard to this subparagraph) as such which are required or provided by a public, pri- new subparagraph: expenses bear to such aggregate distributions. vate, or religious school in connection with such ‘‘(E) DISALLOWANCE OF EXCLUDED AMOUNTS ‘‘(iii) ELECTION TO WAIVE EXCLUSION.—A tax- enrollment or attendance. AS CREDIT OR DEDUCTION.—No deduction or payer may elect to waive the application of this ‘‘(B) SPECIAL RULE FOR HOMESCHOOLING.— credit shall be allowed to the taxpayer under subparagraph for any taxable year. Such term shall include expenses described in any other section of this chapter for any quali- ‘‘(iv) IN-KIND DISTRIBUTIONS.—Any benefit subparagraph (A)(i) in connection with edu- fied education expenses to the extent taken into furnished to a designated beneficiary under a cation provided by homeschooling if the require- account in determining the amount of the exclu- qualified State tuition program shall be treated ments of any applicable State or local law are sion under this paragraph.’’ as a distribution to the beneficiary for purposes met with respect to such education. (f) TECHNICAL CORRECTIONS.— of this paragraph. ‘‘(C) SCHOOL.—The term ‘school’ means any (1)(A) Section 530(b)(1)(E) (defining education ‘‘(v) DISALLOWANCE OF EXCLUDED AMOUNTS AS school which provides elementary education or individual retirement account) is amended to CREDIT OR DEDUCTION.—No deduction or credit secondary education (kindergarten through read as follows: shall be allowed to the taxpayer under any grade 12), as determined under State law.’’ ‘‘(E) Any balance to the credit of the des- other section of this chapter for any qualified (3) SPECIAL RULES FOR APPLYING EXCLUSION ignated beneficiary on the date on which the higher education expenses to the extent taken TO ELEMENTARY AND SECONDARY EXPENSES.— beneficiary attains age 30 shall be distributed into account in determining the amount of the Section 530(d)(2) (relating to distributions for within 30 days after such date to the beneficiary exclusion under this paragraph.’’ qualified higher education expenses) is amended or, if the beneficiary dies before attaining age (b) DEFINITION OF QUALIFIED HIGHER EDU- by adding at the end the following new sub- 30, shall be distributed within 30 days after the CATION EXPENSES.—Section 529(e)(3)(A) (defin- paragraph: date of death to the estate of such beneficiary.’’ ing qualified higher education expenses) is ‘‘(D) SPECIAL RULES FOR ELEMENTARY AND (B) Section 530(d) (relating to tax treatment of amended to read as follows: SECONDARY EXPENSES.— distributions) is amended by adding at the end ‘‘(A) IN GENERAL.—The term ‘qualified higher ‘‘(i) IN GENERAL.—The aggregate amount of the following new paragraph: education expenses’ means expenses for tuition, qualified elementary and secondary education ‘‘(8) DEEMED DISTRIBUTION ON REQUIRED DIS- fees, academic tutoring, special needs services, expenses taken into account for purposes of this TRIBUTION DATE.—In any case in which a dis- books, supplies, computer equipment (including paragraph with respect to any education indi- tribution is required under subsection (b)(1)(E), related software and services), and other equip- vidual retirement account for all taxable years any balance to the credit of a designated bene- ment which are incurred in connection with the shall not exceed the sum of the aggregate con- ficiary as of the close of the 30-day period re- enrollment or attendance of the designated ben- tributions to such account for taxable years be- ferred to in such subsection for making such dis- eficiary at an eligible educational institution.’’ ginning after December 31, 1998, and before Jan- tribution shall be deemed distributed at the close (c) COORDINATION WITH EDUCATION CRED- uary 1, 2003, and earnings on such contribu- of such period.’’ ITS.—Section 25A(e)(2) (relating to coordination (2)(A) Section 530(d)(1) is amended by striking tions. with exclusions) is amended— ‘‘(ii) SPECIAL OPERATING RULES.—For purposes ‘‘section 72(b)’’ and inserting ‘‘section 72’’. (1) by inserting ‘‘a qualified State tuition pro- of clause (i)— (B) Section 72(e) (relating to amounts not re- gram or’’ before ‘‘an education individual retire- ‘‘(I) the trustee of an education individual re- ceived as annuities) is amended by inserting ment account’’, and tirement account shall keep separate accounts after paragraph (8) the following new para- with respect to contributions and earnings de- graph: (2) by striking ‘‘section 530(d)(2)’’ and insert- scribed in clause (i), and ‘‘(9) EXTENSION OF PARAGRAPH (2)(B) TO QUALI- ing ‘‘section 529(c)(3)(B) or 530(d)(2)’’. ‘‘(II) if there are distributions in excess of FIED STATE TUITION PROGRAMS AND EDU- (d) TECHNICAL CORRECTION.—Section qualified elementary and secondary education CATIONAL INDIVIDUAL RETIREMENT ACCOUNTS.— 529(c)(3)(A) is amended by striking ‘‘section expenses for any taxable year, such excess dis- Notwithstanding any other provision of this 72(b)’’ and inserting ‘‘section 72’’. tributions shall be allocated first to contribu- subsection, paragraph (2)(B) shall apply to (e) EFFECTIVE DATES.— tions and earnings not described in clause (i).’’ amounts received under a qualified State tuition (1) IN GENERAL.—Except as provided in para- (4) CONFORMING AMENDMENTS.—Subsections program (as defined in section 529(b)) or under graph (2), the amendments made by this section (b)(1) and (d)(2) of section 530 are each amended an education individual retirement account (as shall apply to taxable years beginning after De- by striking ‘‘higher’’ each place it appears in defined in section 530(b)). The rule of paragraph cember 31, 1998. the text and heading thereof. (8)(B) shall apply for purposes of this para- (2) TECHNICAL CORRECTION.—The amendment (b) MAXIMUM ANNUAL CONTRIBUTIONS.— graph.’’ made by subsection (d) shall take effect as if in- (1) IN GENERAL.—Section 530(b)(1)(A)(iii) (de- (3) Section 530(d)(4)(B) (relating to exceptions) cluded in the amendments made by section 211 fining education individual retirement account) is amended by striking ‘‘or’’ at the end of clause of the Taxpayer Relief Act of 1997. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12207 SEC. 103. EXTENSION OF EXCLUSION FOR EM- ment made by subsection (a) to change its meth- ‘‘(5) the deductions allowable by section 151 PLOYER-PROVIDED EDUCATIONAL od of accounting for its first taxable year ending (relating to personal exemptions) shall be de- ASSISTANCE. after the date of the enactment of this Act— termined by requiring each spouse to claim 1 (a) IN GENERAL.—Section 127(d) (relating to (A) such change shall be treated as initiated personal exemption, termination of exclusion for educational assist- by the taxpayer, ‘‘(6) section 63 shall be applied as if such ance programs) is amended by striking ‘‘May 31, (B) such change shall be treated as made with spouses were not married, and 2000’’ and inserting ‘‘December 31, 2002’’. the consent of the Secretary of the Treasury, ‘‘(7) each spouse’s share of all other deduc- (b) REPEAL OF LIMITATION ON GRADUATE EDU- and tions (including the deduction for personal CATION.—The last sentence of section 127(c)(1) (C) the net amount of the adjustments re- exemptions under section 151(c)) shall be de- (defining educational assistance) is amended by quired to be taken into account by the taxpayer termined by multiplying the aggregate striking ‘‘, and such term also does not include under section 481 of the Internal Revenue Code amount thereof by the fraction— any payment for, or the provision of any bene- of 1986 shall be taken into account in such first ‘‘(A) the numerator of which is such fits with respect to, any graduate level course of taxable year. spouse’s adjusted gross income, and a kind normally taken by an individual pursu- SEC. 202. MODIFICATION TO FOREIGN TAX CRED- ‘‘(B) the denominator of which is the com- ing a program leading to a law, business, medi- IT CARRYBACK AND CARRYOVER PE- bined adjusted gross incomes of the 2 cal, or other advanced academic or professional RIODS. spouses. degree’’. (a) IN GENERAL.—Section 904(c) (relating to Any fraction determined under paragraph (7) (c) EFFECTIVE DATES.— limitation on credit) is amended— shall be rounded to the nearest percentage (1) EXTENSION.—The amendment made by sub- (1) by striking ‘‘in the second preceding tax- point. section (a) shall apply to expenses paid with re- able year,’’, and spect to courses beginning after May 31, 2000. (2) by striking ‘‘or fifth’’ and inserting ‘‘fifth, ‘‘(d) TREATMENT OF CREDITS.—Credits shall be determined (and applied against the joint (2) GRADUATE EDUCATION.—The amendment sixth, or seventh’’. (b) EFFECTIVE DATE.—The amendment made made by subsection (b) shall apply to expenses liability of the couple for tax) as if the by subsection (a) shall apply to credits arising paid with respect to courses beginning after De- spouses had filed a joint return. in taxable years beginning after December 31, cember 31, 1997. ‘‘(e) TREATMENT AS JOINT RETURN.—Except 1999. as otherwise provided in this section or in SEC. 104. ADDITIONAL INCREASE IN ARBITRAGE REBATE EXCEPTION FOR GOVERN- the regulations prescribed hereunder, for MENTAL BONDS USED TO FINANCE LOTT AMENDMENT NO. 3805 purposes of this title (other than sections 1 EDUCATION FACILITIES. and 63(c)) a combined return under this sec- Mr. LOTT proposed an amendment to tion shall be treated as a joint return. (a) IN GENERAL.—Section 148(f)(4)(D)(vii) (re- amendment No. 3804 proposed by him lating to increase in exception for bonds financ- ‘‘(f) REGULATIONS.—The Secretary shall ing public school capital expenditures) is to the bill, H.R. 10, supra; as follows: prescribe such regulations as may be nec- amended by striking ‘‘$5,000,000’’ the second At the end of the Instructions, add the fol- essary or appropriate to carry out this sec- place it appears and inserting ‘‘$10,000,000’’. lowing: tion.’’. (b) EFFECTIVE DATE.—The amendment made SECTION 1. SHORT TITLE. (b) UNMARRIED RATE MADE APPLICABLE.— by subsection (a) shall apply to obligations This Act may be cited as the ‘‘Marriage So much of subsection (c) of section 1 of such issued after December 31, 1998. Tax Elimination Act’’. Code as precedes the table is amended to SEC. 105. EXCLUSION OF CERTAIN AMOUNTS RE- SEC. 2. COMBINED RETURN TO WHICH UNMAR- read as follows: CEIVED UNDER THE NATIONAL RIED RATES APPLY. ‘‘(c) SEPARATE OR UNMARRIED RETURN HEALTH CORPS SCHOLARSHIP PRO- (a) IN GENERAL.—Subpart B of part II of RATE.—There is hereby imposed on the tax- GRAM. subchapter A of chapter 61 of the Internal able income of every individual (other than a (a) IN GENERAL.—Section 117(c) (relating to Revenue Code of 1986 (relating to income tax married individual (as defined in section the exclusion from gross income amounts re- returns) is amended by inserting after sec- 7703) filing a joint return or a separate re- ceived as a qualified scholarship) is amended— tion 6013 the following new section: turn, a surviving spouse as defined in section (1) by striking ‘‘Subsections (a)’’ and inserting ‘‘SEC. 6013A. COMBINED RETURN WITH SEPARATE 2(a), or a head of household as defined in sec- the following: RATES. tion 2(b)) a tax determined in accordance ‘‘(1) IN GENERAL.—Except as provided in para- ‘‘(a) GENERAL RULE.—A husband and wife with the following table:’’. graph (2), subsections (a)’’; and may make a combined return of income (c) BASIC STANDARD DEDUCTION FOR UNMAR- (2) by adding at the end the following new taxes under subtitle A under which— RIED INDIVIDUALS MADE APPLICABLE.—Sub- paragraph: ‘‘(1) a separate taxable income is deter- paragraph (C) of section 63(c)(2) of such Code ‘‘(2) NATIONAL HEALTH CORPS SCHOLARSHIP mined for each spouse by applying the rules is amended to read as follows: PROGRAM.—Paragraph (1) shall not apply to provided in this section, and ‘‘(C) $3,000 in the case of an individual who any amount received by an individual under the ‘‘(2) the tax imposed by section 1 is the ag- is not— National Health Corps Scholarship Program gregate amount resulting from applying the ‘‘(i) a married individual filing a joint re- under section 338A(g)(1)(A) of the Public Health separate rates set forth in section 1(c) to turn or a separate return, Service Act.’’ each such taxable income. ‘‘(ii) a surviving spouse, or (b) EFFECTIVE DATE.—The amendments made ‘‘(b) TREATMENT OF INCOME.—For purposes ‘‘(iii) a head of household, or’’. by subsection (a) shall apply to amounts re- of this section— (d) CLERICAL AMENDMENT.—The table of ceived in taxable years beginning after Decem- ‘‘(1) earned income (within the meaning of sections for subpart B of part II of sub- ber 31, 1993. section 911(d)), and any income received as a chapter A of chapter 61 of such Code is pension or annuity which arises from an em- TITLE II—REVENUE amended by inserting after the item relating ployer-employee relationship, shall be treat- to section 6013 the following: SEC. 201. CLARIFICATION OF DEDUCTION FOR ed as the income of the spouse who rendered DEFERRED COMPENSATION. the services, and ‘‘Sec. 6013A. Combined return (a) IN GENERAL.—Section 404(a) (relating to ‘‘(2) income from property shall be divided with separate rates.’’ deduction for contributions of an employer to an between the spouses in accordance with their (e) EFFECTIVE DATE.—The amendments employee’s trust or annuity plan and compensa- respective ownership rights in such property. made by this section shall apply to taxable tion under a deferred-payment plan) is amended ‘‘(c) TREATMENT OF DEDUCTIONS.—For pur- years beginning January 1, 2000. by adding at the end the following new para- poses of this section— graph: ‘‘(1) except as otherwise provided in this ‘‘(11) DETERMINATIONS RELATING TO DEFERRED subsection, the deductions allowed by sec- LOTT AMENDMENT NO. 3806 COMPENSATION.— tion 62(a) shall be allowed to the spouse ‘‘(A) IN GENERAL.—For purposes of determin- treated as having the income to which such Mr. LOTT proposed an amendment to ing under this section— deductions relate, amendment No. 3805 proposed by him ‘‘(i) whether compensation of an employee is ‘‘(2) the deduction for retirement savings to the bill, H.R. 10, supra; as follows: deferred compensation, and described in paragraph (7) of section 62(a) Strike all after the first word and insert ‘‘(ii) when deferred compensation is paid, shall be allowed to the spouse for whose ben- the following: no amount shall be treated as received by the efit the savings are maintained, employee, or paid, until it is actually received ‘‘(3) the deduction for alimony described in SHORT TITLE. by the employee. paragraph (10) of section 62(a) shall be al- This Act may be cited as the ‘‘Marriage ‘‘(B) EXCEPTION.—Subparagraph (A) shall not lowed to the spouse who has the liability to Tax Elimination Act’’. apply to severance pay.’’ pay the alimony, SEC. 2. COMBINED RETURN TO WHICH UNMAR- (b) EFFECTIVE DATE.— ‘‘(4) the deduction referred to in paragraph RIED RATES APPLY. (1) IN GENERAL.—The amendment made by (16) of section 62(a) (relating to contributions (a) IN GENERAL.—Subpart B of part II of subsection (a) shall apply to taxable years end- to medical savings accounts) shall be al- subchapter A of chapter 61 of the Internal ing after the date of the enactment of this Act. lowed to the spouse with respect to whose Revenue Code of 1986 (relating to income tax (2) CHANGE IN METHOD OF ACCOUNTING.—In employment or self-employment such ac- returns) is amended by inserting after sec- the case of any taxpayer required by the amend- count relates, tion 6013 the following new section: S12208 CONGRESSIONAL RECORD — SENATE October 9, 1998 ‘‘SEC. 6013A. COMBINED RETURN WITH SEPARATE tion 2(b)) a tax determined in accordance Native Alaskans have used Glacier RATES. with the following table:’’. Bay to obtain fish and other foodstuffs ‘‘(a) GENERAL RULE.—A husband and wife (c) BASIC STANDARD DEDUCTION FOR UNMAR- essential to them for many thousands may make a combined return of income RIED INDIVIDUALS MADE APPLICABLE.—Sub- taxes under subtitle A under which— paragraph (C) of section 63(c)(2) of such Code of years, and not long after the United ‘‘(1) a separate taxable income is deter- is amended to read as follows: States acquired Alaska, commercial mined for each spouse by applying the rules ‘‘(C) $3,000 in the case of an individual who fishing started there also. In all the provided in this section, and is not— time since, fishing has caused abso- ‘‘(2) the tax imposed by section 1 is the ag- ‘‘(i) a married individual filing a joint re- lutely no harm to the values that make gregate amount resulting from applying the turn or a separate return, this area one of America’s premier na- separate rates set forth in section 1(c) to ‘‘(ii) a surviving spouse, or tional parks. each such taxable income. ‘‘(iii) a head of household, or’’. ‘‘(b) TREATMENT OF INCOME.—For purposes Parts of Glacier Bay were declared as (d) CLERICAL AMENDMENT.—The table of a national monument in 1925, to pro- of this section— sections for subpart B of part II of sub- ‘‘(1) earned income (within the meaning of chapter A of chapter 61 of such Code is mote the study of flora, fauna and geol- section 911(d)), and any income received as a amended by inserting after the item relating ogy of post-glacial terrain. Glacier Bay pension or annuity which arises from an em- to section 6013 the following: was ideal for this purpose. When visited ployer-employee relationship, shall be treat- by Capt. George Vancouver in the late ed as the income of the spouse who rendered ‘‘Sec. 6013A. Combined return with separate rates.’’ 18th century it was closed by a geologi- the services, and cally recent glacial advance, but by the ‘‘(2) income from property shall be divided (e) EFFECTIVE DATE.—The amendments between the spouses in accordance with their made by this section shall apply to taxable time John Muir visited in the 1880’s, respective ownership rights in such property. years beginning after the date of the enact- Native fishermen had resumed their ‘‘(c) TREATMENT OF DEDUCTIONS.—For pur- ment of this Act. age-old practice of fishing here every poses of this section— f summer. ‘‘(1) except as otherwise provided in this In 1939, the national monument was subsection, the deductions allowed by sec- GLACIER BAY MANAGEMENT AND expanded. In 1980, it was expanded tion 62(a) shall be allowed to the spouse PROTECTION ACT OF 1998 again, and most of it was redesignated treated as having the income to which such deductions relate, as a national park. Mr. President, just as the Federal ‘‘(2) the deduction for retirement savings MURKOWSKI AMENDMENT NO. 3807 described in paragraph (7) of section 62(a) Government spoke with a ‘‘forked shall be allowed to the spouse for whose ben- (Ordered to lie on the table.) tongue’’ to Native Americans through- efit the savings are maintained, Mr. MURKOWSKI submitted an out much of our history, so it has spo- ‘‘(3) the deduction for alimony described in amendment intended to be proposed by ken to the Tlingits and to the other paragraph (10) of section 62(a) shall be al- him to the bill (S. 1064) to amend the local residents who rely on Glacier Bay lowed to the spouse who has the liability to Alaska National Interest Lands Con- for their livelihoods and for their sus- pay the alimony, servation Act to more effectively man- tenance. Throughout the history of ‘‘(4) the deduction referred to in paragraph age visitor service and fishing activity (16) of section 62(a) (relating to contributions government proclamations, local Na- in Glacier Bay National Park, and for tives and commercial fishermen have to medical savings accounts) shall be al- other purposes; as follows: lowed to the spouse with respect to whose been promised that their activities employment or self-employment such ac- Strike all after the enacting clause and in- would be respected—yet a few years count relates, sert in lieu thereof the following: ago, the government decided to ignore ‘‘(5) the deductions allowable by section 151 ‘‘SECTION 1. SHORT TITLE. its promises and began a concerted ef- (relating to personal exemptions) shall be de- ‘‘This Act may be cited as the ‘Glacier Bay fort to banish both commercial and Fisheries Act’. termined by requiring each spouse to claim 1 subsistence fishing. personal exemption, ‘‘SEC. 2. FISHERIES MANAGEMENT. It has been aided and abetted by ‘‘(6) section 63 shall be applied as if such ‘‘Hereafter, commercial fishing shall be al- spouses were not married, and lowed to occur in the marine waters of Gla- some of the sleaziest tactics I have ‘‘(7) each spouse’s share of all other deduc- cier Bay National Park, except that— ever seen—a network of half-truths and tions (including the deduction for personal ‘‘(1) fishing in Glacier Bay north of a line outright lies about the fisheries, the exemptions under section 151(c)) shall be de- drawn from Point Carolus to Point Gustavus fishermen, and about our efforts to termined by multiplying the aggregate may be limited to the use of longlining for save them. amount thereof by the fraction— halibut, the use of pots and ring nets for Mr. President, this is just plain ‘‘(A) the numerator of which is such crab, and troll gear for salmon; wrong. It is an affront to every Amer- spouse’s adjusted gross income, and ‘‘(2) the waters of Rendu Inlet, Adams ican who believes the government’s ‘‘(B) the denominator of which is the com- Inlet, and the Scidmore Bay-Hugh Miller bined adjusted gross incomes of the 2 Inlet-Charpentier Inlet complex shall be promises should be worth something, spouses. closed to commercial fishing; and, and there are still a few of us left, de- Any fraction determined under paragraph (7) ‘‘(3) fishing for Dungeness crab shall be spite everything. shall be rounded to the nearest percentage permitted in the Beardslee Islands and in I had hopes that reasonable people point. upper Dundas Bay, but may be limited to the could work this issue out. Indeed, ear- ‘‘(d) TREATMENT OF CREDITS.—Credits shall number of individuals who harvested Dunge- lier this year I delayed further action be determined (and applied against the joint ness crab in either the Beardslee Islands or on my own efforts to craft compromise liability of the couple for tax) as if the upper Dundas Bay in 1995, 1986 or 1997. legislation in order to allow additional spouses had filed a joint return. ‘‘SEC. 3 EFFECT ON TIDAL AND SUBMERGED time to the fishermen, State of Alaska ‘‘(e) TREATMENT AS JOINT RETURN.—Except LAND. as otherwise provided in this section or in ‘‘(a) Nothing in this Act invalidates, or in representatives and others who have the regulations prescribed hereunder, for any other ways affects any claim of the been trying to develop a consensus. purposes of this title (other than sections 1 State of Alaska to title to any tidal or sub- Unfotunately, these efforts have been and 63(c)) a combined return under this sec- merged land. stymied by the refusal of the national tion shall be treated as a joint return. ‘‘(b) No action taken pursuant to or in ac- environmental organizations to agree ‘‘(f) REGULATIONS.—The Secretary shall cordance with this Act shall bar the State of to fair treatment of these historical prescribe such regulations as may be nec- Alaska from asserting at any time its claim users. For that reason, I supported put- essary or appropriate to carry out this sec- of title to any tidal or submerged land. ting a one-year regulatory moratorium tion.’’. ‘‘(c) Nothing in this Act, and no action (b) UNMARRIED RATE MADE APPLICABLE.— taken pursuant to this Act, shall expand or into the Interior appropriation, so as So much of subsection (c) of section 1 of such diminish Federal or State jurisdiction, re- to allow additional time to work on Code as precedes the table is amended to sponsibility, interests, or rights in the man- this issue at the local level. read as follows: agement, regulation, or control of waters or Regrettably, the Department of the ‘‘(c) SEPARATE OR UNMARRIED RETURN tidal or submerged land of the State of Alas- Interior and its allies are not willing to RATE.—There is hereby imposed on the tax- ka.’’ continue working toward a consensus. able income of every individual (other than a married individual (as defined in section Mr. MURKOWSKI. Mr. President, I Instead, they refused to accept the 7703) filing a joint return or a separate re- am both throwing down a gauntlet and moratorium language, and insisted on turn, a surviving spouse as defined in section laying down a marker on this subject going forward with regulations to put 2(a), or a head of household as defined in sec- of fishing in Glacier Bay. the fishermen out of business. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12209 There is a real inconsistency here; in Mr. President, the Denali Commis- on Transportation and Infrastructure of the the same bays and inlets where they sion is not currently authorized. Au- House of Representatives and the Committee insist fishing is an unacceptable com- thorization for this new commission on Energy and Natural Resources and the mercial activity, they are only too was included in the Senate version of Committee on Environmental and Public Works of the Senate; happy to allow tour vessels with thou- the FY 99 Energy and Water Appropria- (2) the term ‘‘Salton Sea Authority’’ sands of visitors. tions bill, but was removed in con- means the Joint Powers Authority by that Soon, perhaps within hours, perhaps ference. Nevertheless, the appropri- name established under the laws of the State within a few days, we will pass an om- ators decided to set aside $20 million in of California by a Joint Power Agreement nibus appropriation measure that funds pending the authorization of the signed on June 2, 1993; and makes one of Washington’s insider Commission. Whatever the merits of (3) the term ‘‘Secretary’’ means the Sec- ‘‘deals’’ on this issue. Under the deal, a retary of the Interior, acting through the this proposed commission may be, Mr. Bureau of Reclamation. minimum payment will be made to get President, I am concerned that we have TITLE I—SALTON SEA FEASIBILITY some fishermen to disappear alto- set aside such a large amount of money STUDY gether, and a handful of others will be when we have acute appropriations SEC. 101. SALTON SEA FEASIBILITY STUDY AU- told that they will be allowed to fish, needs at places like the Apostle Islands THORIZATION. but that their current right to sell or National Lakeshore, for an unauthor- (a) IN GENERAL.—No later than January 1, bequeath their fishing permits to their ized program. 2000, the Secretary, in accordance with this children has just evaporated forever. I am further concerned, Mr. Presi- section, shall complete all feasibility studies I repeat, Mr. President, what is hap- dent, about creating a new Federal and cost analyses for the options set forth in pening here is just plain wrong. commission to address economic devel- subsection (b)(2)(A) necessary for Congress to For that reason, I am today offering fully evaluate such options. opment and other State specific issues (b) FEASIBILITY STUDY.— an amendment to my earlier bill. I will when Congress is seeking to back away (1) IN GENERAL.— introduce another such a bill in Janu- from such commitments. For example, (A) The Secretary shall complete all stud- ary of next year, and In intend to in- in the same bill that provides funds for ies, including, but not limited to environ- troduce such a bill every January here- the Denali Commission, the Congress mental and other views, of the feasibility after until justice is done. I will also terminates appropriated funds for the and benefit-cost of various options that per- mit the continued use of the Salton Sea as a welcome the assistance of the State of Tennessee Valley Authority, known as Alaska in asserting its right of juris- reservoir for irrigation drainage and (1) re- TVA, an action I have had legislation duce and stabilize the overall salinity of the diction over the management of these to accomplish since I became a Member Salton Sea, (2) stabilize the surface elevation fisheries. of the Senate. I applaud congress for of the Salton Sea, (3) reclaim, in the long Come what may, I will not stand by acting to end appropriated funds for term, healthy fish and wildlife resources and and allow these existing small fishing TVA, but I fear we may take a step their habitats, and (4) enhance the potential operators to be lost in Glacier Bay. backward if we create a new entity for recreational uses and economic develop- f ment of the Salton Sea. that we now need to fund. (B) Based solely on whatever information GAYLORD NELSON APOSTLE IS- I look forward to Senate Energy is available at the time of submission of the LANDS STEWARDSHIP ACT OF Committee consideration of the Gay- report, the Secretary shall (1) identify any 1998 lord Nelson Apostle Islands Steward- options he deems economically feasible and ship Act of 1988, and its eventual pas- cost effective, (2) identify any additional in- sage.∑ formation necessary to develop construction FEINGOLD AMENDMENT NO. 3808 f specifications, and (3) submit any rec- ommendations, along with the results of the (Ordered to lie on the table.) SONNY BONO MEMORIAL SALTON study to the Committees no later than Janu- Mr. MURKOWSKI submitted an SEA RECLAMATION ACT ary 1, 2000. amendment intended to be proposed by (i) The Secretary shall carry out the fea- him to the bill (S. 1966) to direct the sibility study in accordance with a memo- Secretary of the Interior to study KYL AMENDMENT NO. 3809 randum of understanding entered into by the whether the Apostle Islands National Secretary, the Salton Sea Authority, and the (Ordered to lie on the table.) Lakeshore should be protected as a wil- Governor of California. Mr. KYL submitted an amendment (ii) The memorandum of understanding derness area; as follows: intended to be proposed by him to the shall, at a minimum, establish criteria for On page 4, after line 24, insert the follow- bill (H.R. 3267) to direct the Secretary evaluation and selection of options under ing: of the Interior, acting through the Bu- subparagraph (2)(A), including criteria for (g) TRANSFER OF APPROPRIATED FUNDS.— determining benefit and the magnitude and (1) IN GENERAL.—All amounts made avail- reau of Reclamation, to conduct a fea- practicability of costs of construction, oper- able to the Denali Commission for fiscal year sibility study and construct a project ation, and maintenance of each option evalu- 1999 shall be transferred to the Secretary of to reclaim the Salton Sea; as follows: ated. the Interior for use in carrying out sub- Strike all after enacting clause and insert (2) OPTIONS TO BE CONSIDERED.—Options sections (c) and (d). in lieu thereof the following: considered in the feasibility study— (2) UNEXPENDED BALANCE.—Any balance of (A) shall consist of, but need not be limited amounts transferred under paragraph (1) SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as to— that remain unexpended at the end of fiscal (i) use of impoundments to segregate a por- year 1999 shall be returned to the general the ‘‘Salton Sea Reclamation Act of 1998’’. (b) TABLE OF CONTENTS.—The table of con- tion of the waters of the Salton Sea in one or fund of the Treasury of the United States. tents of this Act is as follows: more evaporation ponds located in the ∑ Mr. FEINGOLD. Mr. President, today Sec. 1. Short title; table of contents. Salton Sea basin; I am submitting an amendment to S. Sec. 2. Definitions. (ii) pumping water out of the Salton Sea; 1966, Gaylord Nelson Apostle Islands (iii) augmented flows of water into the TITLE I—SALTON SEA FEASIBILITY Salton Sea; Stewardship Act of 1988, a bill that I STUDY (iv) a combination of the options referred introduced on April 22, 1988. In keeping Sec. 101. Feasibility study authorization. to in clauses (i), (ii), and (iii); and with my belief that progress toward a Sec. 102. Concurrent wildlife resources stud- (v) any other economically feasible remedi- balanced budget should be maintained, ies. ation option the Secretary considers appro- I am proposing that a section be added Sec. 103. Salton Sea National Wildlife Refuge priate and for which feasibility analyses and to the bill which offsets the $4.1 million renamed as Sonny Bono Salton cost estimates can be completed by January Sea National Wildlife Refuge. 1, 2000; in authorized spending for the Apostle (B) shall be limited to proven technologies; Islands contained in my original bill, TITLE II—EMERGENCY ACTION TO IM- PROVE WATER QUALITY IN THE and with the $20 million in funds appro- ALAMO RIVER AND NEW RIVER (C) shall not include any option that— priated in FY 99 to the Denali Commis- (i) relies on the importation of any new or Sec. 201. Alamo River and New River irriga- additional water from the Colorado River; or sion. The Secretary of the Interior tion drainage water. would be required to transfer $15.9 mil- (ii) is inconsistent with the provisions of SEC. 2. DEFINITIONS. subsection (c). lion above the money that it needs to In this Act:— (3) ASSUMPTIONS.—In evaluating options, take actions at the Apostle Islands (1) the term ‘‘Committees’’ means the the Secretary shall apply assumptions re- back to the Treasury. Committee on Resources and the Committee garding water inflows into the Salton Sea S12210 CONGRESSIONAL RECORD — SENATE October 9, 1998 Basin that encourage water conservation, ac- the Federal Advisory Commission Act (5 plete a feasibility study relating to the count for transfers of water out of the Salton U.S.C. app.). Salton Sea, and for other purposes.’’. Sea Basin, and are based on a maximum like- SEC. 103. SALTON SEA NATIONAL WILDLIFE REF- f ly reduction in inflows into the Salton Sea UGE RENAMED AS SONNY BONO Basin which could be 800,000 acre-feet or less SALTON SEA NATIONAL WILDLIFE NATIONAL INSTITUTE OF STAND- per year. REFUGE. ARDS AND TECHNOLOGY AU- (4) CONSIDERATION OF COSTS.—In evaluating (a) REFUGE RENAMED.—The Salton Sea Na- THORIZATION ACT OF 1998 the feasibility of options, the Secretary shall tional Wildlife Refuge, located in Imperial consider the ability of Federal, tribal, State County, California, is hereby renamed and and local government sources and private shall be known as the ‘Sonny Bono Salton FRIST (AND ROCKEFELLER) sources to fund capital construction costs Sea National Wildlife Refuge’. AMENDMENT NO. 3810 and annual operation, maintenance, energy, (b) REFERENCES.—Any reference in any and replacement costs and shall set forth the statute, rule, regulation, executive order, Mr. COATS (for Mr. FRIST for himself basis for any cost sharing allocations as well publication, map, or paper or other docu- and Mr. ROCKEFELLER) proposed an as anticipated repayment, if any, of federal ment of the United States to the Salton Sea amendment to the bill to authorize ap- contributions. National Wildlife Refuge is deemed to refer propriations for the National Institute (c) RELATIONSHIP TO OTHER LAW.— to the Sonny Bono Salton Sea National of Standards and Technology for fiscal (1) RECLAMATION LAWS.—Activities author- Wildlife Refuge. years 1998 and 1999, and for other pur- ized by this Act shall not be subject to the TITLE II—EMERGENCY ACTION TO IM- poses; as follows: Act of June 17, 1902 (32 Stat. 388; 43 U.S.C. et PROVE WATER QUALITY IN THE seq.), and Acts amendatory thereof and sup- ALAMO RIVER AND NEW RIVER SECTION 1. SHORT TITLE. plemental thereto. Amounts expended for This Act may be cited as the ‘‘Technology SEC. 201. ALAMO RIVER AND NEW RIVER IRRIGA- those activities shall be considered non- TION DRAINAGE WATER. Administration Act of 1998’’. reimbursable for purposes of those laws and (a) RIVER ENHANCEMENT.— SEC. 2. MANUFACTURING EXTENSION PARTNER- shall not be considered to be a supplemental SHIP PROGRAM CENTER EXTEN- (1) IN GENERAL.—The Secretary is author- SION. or additional benefit for purposes of the Rec- ized and directed to promptly conduct re- Section 25(c)(5) of the National Institute of lamation Reform Act of 1982 (96 Stat. 1263; 43 search and construct river reclamation and Standards and Technology Act (15 U.S.C. U.S.C. 390aa et seq.). wetlands projects to improve water quality (2) PRESERVATION OF RIGHTS AND OBLIGA- 278k(c)(5)) is amended by striking ‘‘, which in the Alamo River and New River, Imperial are designed’’ and all that follows through TIONS WITH RESPECT TO THE COLORADO County, California, by treating water in RIVER.—This Act shall not be considered to ‘‘operation of a Center,’’ and inserting in lieu those rivers and irrigation drainage water supersede or otherwise affect any treaty, thereof ‘‘. After the sixth year, a Center may that flows into those rivers. law, decree, contract, or agreement govern- receive additional financial support under (2) ACQUISITIONS.—The Secretary may ac- ing use of water from the Colorado River. All this section if it has received a positive eval- quire equipment, real property from willing activities taken under this Act must be car- uation through an independent review, under sellers, and interests in real property (in- ried out in a manner consistent with rights procedures established by the Institute. Such cluding site access) from willing sellers as and obligations of persons under those trea- an independent review shall be required at needed to implement actions under this sec- ties, laws, decrees, contracts, and agree- least every two years after the sixth year of tion if the State of California, a political ments. operation. Funding received for a fiscal year subdivision of the State, or Desert Wildlife under this section after the sixth year of op- SEC. 102. CONCURRENT WILDLIFE RESOURCES Unlimited has entered into an agreement STUDIES. eration shall not exceed one third of the cap- with the Secretary under which the State, (a) IN GENERAL.—The Secretary shall pro- ital and annual operating and maintenance subdivision, or Desert Wildlife Unlimited, re- vide for the conduct, concurrently with the costs of the Center under the program.’’. spectively, will, effective 1 year after the feasibility study under section 101(b), of date that systems for which the acquisitions SEC. 3. MALCOLM BALDRIGE QUALITY AWARD. studies of hydrology, wildlife pathology, and are made are operational and functional— (a) ADDITIONAL AWARDS.—Section 17(c)(3) toxicology relating to wildlife resources of (A) accept all right, title, and interest in of the Stevenson-Wydler Technology Innova- the Salton Sea by Federal and non-Federal and to the equipment, property, or interests; tion Act of 1980 (15 U.S.C. 3711a(c)(3)) is entities. and amended by inserting ‘‘, unless the Secretary (b) SELECTION OF TOPICS AND MANAGEMENT (B) assume responsibility for operation and determines that a third award is merited and OF STUDIES.— maintenance of the equipment, property, or can be given at no additional cost to the (1) IN GENERAL.—The Secretary shall estab- interests. Federal Government’’ after ‘‘in any year’’. lish a committee to be known as the ‘Salton (b) CATEGORIES.—Section 17(c)(1) of the (3) TRANSFER OF TITLE.—Not later than 1 Sea Research Management Committee’. The year after the date a system developed under Stevenson-Wydler Technology Innovation committee shall select the topics of studies this section is operational and functional, Act of 1980 (15 U.S.C. 3711a(c)(1)) is amended under this section and manage those studies. the Secretary shall transfer all right, title, by adding at the end the following: (2) MEMBERSHIP.—The committee shall and interest of the United States in and to ‘‘(D) Health care providers. consist of the following five members: ‘‘(E) Education providers.’’. (A) The Secretary. all equipment, property, and interests ac- quired for the system in accordance with the SEC. 4. NOTICE. (B) The Governor of California. (a) REDESIGNATION.—Section 31 of the Na- (C) The Executive Director of the Salton applicable agreement under paragraph (2). (4) MONITORING AND OTHER ACTIONS.—The tional Institute of Standards and Technology Sea Authority. Act is redesignated as section 32. (D) The Chairman of the Torres Martinez Secretary shall establish a long-term mon- itoring program to maximize the effective- (b) NOTICE.—The National Institute of Desert Cahuilla Tribal Government. Standards and Technology Act (15 U.S.C. 271 (E) The Director of the California Water ness of any wetlands developed under this et seq.) is amended by inserting after section Resources Center. title and may implement other actions to 30 the following new section: (c) COORDINATION.—The Secretary shall re- improve the efficacy of actions implemented quire that studies under this section are co- pursuant to this section. ‘‘NOTICE ordinated through the Science Subcommit- (b) COOPERATION.—The Secretary shall im- ‘‘SEC. 31. (a) NOTICE OF REPROGRAMMING.— tee which reports to the Salton Sea Research plement subsection (a) in cooperation with If any funds authorized for carrying out this Management Committee. In addition to the the Desert Wildlife Unlimited, the Imperial Act are subject to a reprogramming action membership provided for by the Science Sub- Irrigation District, California, and other in- that requires notice to be provided to the committee’s charter, representatives shall terested persons. Appropriations Committees of the House of be invited from the University of California, (c) FEDERAL WATER POLLUTION CONTROL.— Representatives and the Senate, notice of Riverside; the University of Redlands; San Water withdrawn solely for the purpose of a such action shall concurrently be provided to Diego State University; the Imperial Valley wetlands project to improve water quality the Committee on Science of the House of College; and Los Alamos National Labora- under subsection (a)(1), when returned to the Representatives and the Committee on Com- tory. Alamo River or New River, shall not be re- merce, Science, and Transportation of the (d) PEER REVIEW.—The Secretary shall re- quired to meet water quality standards Senate. quire that studies under this section are sub- under the Federal Water Pollution Control ‘‘(b) NOTICE OF REORGANIZATION.— jected to peer review. Act (33 U.S.C. 1251 et seq.). ‘‘(1) REQUIREMENT.—The Secretary shall (e) AUTHORIZATION OF APPROPRIATIONS.— (d) AUTHORIZATION OF APPROPRIATIONS.— provide notice to the Committees on Science For wildlife resources studies under this sec- For river reclamation and other irrigation and Appropriations of the House of Rep- tion there are authorized to be appropriated drainage water treatment actions under this resentatives, and the Committees on Com- to the Secretary, through accounts within section, there are authorized to be appro- merce, Science, and Transportation and Ap- the Fish and Wildlife Service Exclusively, priated to the Secretary $3,000,000. propriations of the Senate, not later than 15 $5,000,000. Amend the title to read as follows: ‘‘To di- days before any major reorganization of any (f) ADVISORY COMMITTEE ACT.—The com- rect the Secretary of the Interior, acting program, project, or activity of the Insti- mittee, and its activities, are not subject to through the Bureau of Reclamation, to com- tute. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12211

‘‘(2) DEFINITION.—For purposes of this sub- ‘‘(c) The Director shall develop and issue research and development funds than those section, the term ‘‘major reorganization’’ procedures and selection criteria for partici- received by a majority of the States. means any reorganization of the Institute pants in the program. ‘‘(2) ARRANGEMENTS.—In carrying out the that involves the reassignment of more than ‘‘(d) The program under this section shall program, the Secretary, acting through the 25 percent of the employees of the Insti- be conducted on an annual basis during the Under Secretary, shall— tute.’’. summer months, during the period of time ‘‘(A) enter into such arrangements as may SEC. 5. SENSE OF CONGRESS ON THE YEAR 2000 when a majority of elementary, middle, and be necessary to provide for the coordination PROBLEM. secondary schools have not commenced a of the program through the State commit- With the year 2000 fast approaching, it is school year. tees established under the Experimental Pro- the sense of Congress that the National In- ‘‘(e) The program shall provide for teach- gram to Stimulate Competitive Research of stitute of Standards and Technology ers’ participation in activities at the labora- the National Science Foundation; and should— tory facilities of the Institute, or shall uti- ‘‘(B) cooperate with— (1) give high priority to correcting all 2- lize other means of accomplishing the goals ‘‘(i) any State science and technology digit date-related problems in its computer of the program as determined by the Direc- council established under the program under systems to ensure that those systems con- tor, which may include the Internet, video subparagraph (A); and tinue to operate effectively in the year 2000 conferencing and recording, and workshops ‘‘(ii) representatives of small business and beyond; and and conference.’’. firms and other appropriate technology- (2) develop contingency plans for those sys- SEC. 8. OFFICE OF SPACE COMMERCIALIZATION. based businesses. ‘‘(3) GRANTS AND COOPERATIVE AGREE- tems that the Institute is unable to correct (a) ESTABLISHMENT.—There is established in time. within the Department of Commerce an Of- MENTS.—In carrying out the program, the Secretary, acting though the Under Sec- SEC. 6. ENHANCEMENT OF SCIENCE AND MATHE- fice of Space Commercialization (referred to retary, may make grants or enter into coop- MATICS PROGRAMS. in this section as the ‘‘Office’’). erative agreements to provide for— (a) DEFINITIONS.—In this section— (b) DIRECTOR.—The Office shall be headed ‘‘(A) technology research and development; (1) EDUCATIONALLY USEFUL FEDERAL EQUIP- by a Director, who shall be a senior execu- ‘‘(B) technology transfer from university MENT.—The term ‘‘educationally useful Fed- tive and shall be compensated at a level in research; eral equipment’’ means computers and relat- the Senior Executive Service under section ‘‘(C) technology deployment and diffusion; ed peripheral tools and research equipment 5382 of title 5, United States Code, as deter- and mined by the Secretary of Commerce. that is appropriate for use in schools. ‘‘(D) the strengthening of technological ca- (c) FUNCTIONS OF THE OFFICE; DUTIES OF (2) SCHOOL.—The term ‘‘school’’ means a pabilities through consortia comprised of— THE DIRECTOR.—The Office shall be the prin- public or private education institution that ‘‘(i) technology-based small business firms; cipal unit for the coordination of space-re- serves any of the grades of kindergarten ‘‘(ii) industries and emerging companies; through grade 12. lated issues, programs, and initiative within ‘‘(iii) universities; and (b) SENSE OF CONGRESS.— the Department of Commerce. The primary ‘‘(iv) State and local development agencies (1) IN GENERAL.—It is the sense of Congress responsibilities of the Director, in carrying and entities. out the functions of the Office, shall in- that the Director of the National Institute of ‘‘(4) REQUIREMENTS FOR MAKING AWARDS.— Standards and Technology should, to the clude— ‘‘(a) IN GENERAL.—In making awards under greatest extent practicable and in a manner (1) promoting commercial provider invest- this subsection, the Secretary, acting consistent with applicable Federal law (in- ment in space activities by collecting, ana- through the Under Secretary, shall ensure cluding Executive Order No. 12999), donate lyzing, and disseminating information on that the awards are awarded on a competi- educationally useful Federal equipment to space markets, and conducting workshops tive basis that includes a review of the mer- schools in order to enhance the science and and seminars to increase awareness of com- its of the activities that are the subject of mathematics programs of those schools. mercial space opportunities; the award. (2) REPORTING.— (2) assisting United States commercial pro- ‘‘(B) MATCHING REQUIREMENT.—The non- (A) IN GENERAL.—Not later than 1 year viders in the efforts of those providers to Federal share of the activities (other than after the date of enactment of this Act, and conduct business with the United States planning activities) carried out under an annually thereafter, the Director of the Na- Government; award under this subsection shall be not less tional Institute of Standards and Technology (3) acting as an industry advocate within than 25 percent of the cost of those activi- shall prepare and submit to the President a the executive branch of the Federal Govern- ties. report. The President shall submit the report ment to ensure that the Federal Government ‘‘(5) CRITERIA FOR STATES.—The Secretary, to Congress at the same time as the Presi- meets the space-related requirements of the acting through the Under Secretary, shall dent submits a budget request to Congress Federal Government, to the fullest extent establish criteria for achievement by each under section 1105(a) of title 31, United feasible, using commercially available space State that participates in the program. Upon States Code. goods and services; the achievement of all such criteria, a State (B) CONTENTS OF REPORT.—The report pre- (4) ensuring that the United States Gov- shall cease to be eligible to participate in pared by the Director under this paragraph ernment does not compete with United the program. shall describe any donations of educationally States commercial providers in the provision ‘‘(6) COORDINATION.—To the extent prac- useful Federal equipment to schools made of space hardware and services otherwise ticable, in carrying out this subsection, the during the period covered by the report. available from United States commercial Secretary, acting through the Under Sec- SEC. 7. TEACHER SCIENCE AND TECHNOLOGY providers; retary, shall coordinate the program with ENHANCEMENT INSTITUTE PRO- (5) promoting the export of space-related other programs of the Department of Com- GRAM. goods and services; mence. The National Institute of Standards and (6) representing the Department of Com- ‘‘(7) REPORT.— Technology Act (15 U.S.C. 271 et seq.) is merce in the development of United States ‘‘(A) IN GENERAL.—Not later than 90 days amended by inserting after section 19 the fol- policies and in negotiations with foreign after the date of enactment of the Tech- lowing: countries to ensure free and fair trade inter- nology Administration Act of 1998, the Under ‘‘SEC. 19A. (a) The Director shall establish nationally in the area of space commerce; Secretary shall prepare and submit a report within the Institute a teacher science and and that meets the requirements of this para- technology enhancement program to provide (7) seeking the removal of legal, policy, graph to the Secretary. Upon receipt of the for professional development of mathematics and institutional impediments to space com- report, the Secretary shall transmit a copy and science teachers of elementary, middle, merce. of the report to the Committee on Com- and secondary schools (as those terms are SEC. 9. EXPERIMENTAL PROGRAM TO STIMULATE merce, Science, and Transportation of the defined by the Director), including providing COMPETITIVE TECHNOLOGY. Senate and the Committee on Science of the for the improvement of those teachers with Section 5 of the Stevenson Wydler Tech- House of Representatives. respect to the understanding of science and nology Innovation Act of 1980 (15 U.S.C. 3705) ‘‘(B) REQUIREMENTS FOR REPORT.—The re- the impacts of science on commerce. is amended by adding at the end the follow- port prepared under this paragraph shall ‘‘(b) In carrying out the program under ing: contain with respect to the program— this section, the Director shall focus on the ‘‘(f) EXPERIMENTAL PROGRAM TO STIMULATE ‘‘(i) a description of the structure and pro- areas of— COMPETITIVE TECHNOLOGY.— cedures of the program; ‘‘(1) scientific measurements; ‘‘(1) IN GENERAL.—The Secretary, acting ‘‘(ii) a management plan for the program; ‘‘(2) tests and standards development; through the Under Secretary, shall establish ‘‘(iii) a description of the merit-based re- ‘‘(3) industrial competitiveness and qual- for fiscal year 1999 a program to be known as view process to be used in the program; ity; the Experimental Program to Stimulate ‘‘(iv) milestones for the evaluation of ac- ‘‘(4) manufacturing; Competitive Technology (referred to in this tivities to be assisted under the program in ‘‘(5) technology transfer; and subsection as the ‘program’). The purpose of fiscal year 1999; ‘‘(6) any other area of expertise of the In- the program shall be to strengthen the tech- ‘‘(v) an assessment of the eligibility of stitute that the Director determines to be nological competitiveness of those States each State that participates in the Experi- appropriate. that have historically received less Federal mental Program to Stimulate Competitive S12212 CONGRESSIONAL RECORD — SENATE October 9, 1998 Research of the National Science Foundation ‘‘(B) reported the matter to a law enforce- circumnavigation of the globe by a to participate in the program under this sub- ment agency and afforded that agency access rowing vessel. The goals of this expedi- section; and to each such visual depiction.’’. tion are, among others, to explore the ‘‘(iv) the evaluation criteria with respect (b) MATERIAL CONSTITUTING OR CONTAINING to which the overall management and effec- CHILD PORNOGRAPHY.—Section 2252A of title limits of the human spirit, to raise tiveness of the program will be evaluated.’’. 18, United States Code, is amended— awareness about ocean ecosystems, to SEC. 10. NATIONAL TECHNOLOGY MEDAL FOR (1) in subsection (a)(5), by striking ‘‘3 or be an example of individual achieve- ENVIRONMENTAL TECHNOLOGY. more images’’ each place that term appears ment as well as teamwork, and to gen- In the administration of section 16 of the and inserting ‘‘an image’’; and erate support for The National Tuber- Stevenson-Wydler Technology Innovation (2) by adding at the end the following: ous Sclerosis Association. The expedi- Act of 1980 (15 U.S.C. 3711), Environmental ‘‘(d) AFFIRMATIVE DEFENSE.—It shall be an Technology shall be established as a separate affirmative defense to a charge of violating tion is also using its World Wide Web nomination category with appropriate subsection (a)(5) that the defendant— sites (www.naau.com and unique criteria for that category. ‘‘(1) possessed less than 3 images of child www.goals.com/transrow) to create a SEC. 11. INTERNATIONAL ARCTIC RESEARCH pornography; and direct link between Mick’s vessel CENTER. ‘‘(2) promptly and in good faith, and with- Reach and educators and students to The Congress finds that the International out retaining or allowing any person, other share experiences and practical appli- Arctic Research Center is an internation- than a law enforcement agency, to access ally-supported effort to conduct important any image or copy thereof— cations of math, science and geog- weather and climate studies, and other re- ‘‘(A) took reasonable steps to destroy each raphy. search projects of benefit to the United such image; or I would like to congratulate Mr. Bird States. It is, therefore, the scene of the Con- ‘‘(B) reported the matter to a law enforce- on his very impressive accomplish- gress that, as with similar research con- ment agency and afforded that agency access ments to this point, and to express my ducted in the Antarctic, the United States to each such image.’’. should provide similar support for this im- f good wishes for the safety and success portant effort. of the rest of this voyage around the f AUTHORITY FOR COMMITTEES TO world. I also wish to commend him and MEET CHILD PROTECTION AND SEXUAL Trans-Oceanic for enhancing public PREDATOR PUNISHMENT ACT OF COMMITTEE ON GOVERNMENTAL AFFAIRS awareness and education. I encourage 1998 Mr. LOTT. Mr. President, I ask unan- my colleagues to have a look at Trans- imous consent on behalf of the Govern- Oceanic’s web sites and share them mental Affairs Committee to meet on with educators at home to follow along HATCH (AND OTHERS) Friday, October 9, 1998, at 10:30 a.m. for with this amazing journey.∑ AMENDMENT NO. 3811 a markup of pending committee nomi- Mr. COATS (for Mr. HATCH for him- nations. f self, Mr. LEAHY, and Mr. DEWINE) pro- The PRESIDING OFFICER. Without posed an amendment to the bill (H.R. objection, it is so ordered. TRIBUTE TO JUDGE ROBERT I.H. 3494) to amend title 18, United States f HAMMERMAN Code, with respect to violent sex ADDITIONAL STATEMENTS crimes against children, and for other ∑ Mr. SARBANES. Mr. President, I rise purposes; as follows: to acknowledge the unique and ex- On page 116, lines 22 and 23, strike ‘‘terri- MICHAEL ‘‘MICK’’ BIRD THE traordinary contributions made to Bal- tory’’ and insert ‘‘commonwealth, terri- TRANS-OCEANIC ROWING EXPE- timore and the State of Maryland by tory,’’. DITION Judge Robert I.H. Hammerman who, On page 118, strike lines 1 through 3, and this past summer, retired after thirty- ∑ Mr. INOUYE. Mr. President, I rise insert the following: seven years of distinguished service to today to bring my colleagues’ atten- ‘‘(2) the term ‘State’ means a State of the our citizens and legal system. During United States, the District of Columbia, and tion to a very exciting expedition. Last his career on the bench, Judge any commonwealth, territory, or possession month, Mr. Michael ‘‘Mick’’ Bird com- of the United’’. pleted the second leg of an unprece- Hammerman was a leader in court re- On page 132, lines 9 and 10, strike ‘‘that dented 24,000 mile voyage around the form and the efforts to establish an ef- provide probable cause to believe that’’ and world. On August 19, 1997, Mick Bird fective yet caring system of juvenile insert ‘‘from which’’. started rowing out to sea from Fort criminal justice. These efforts were di- On page 132, line 13, strike ‘‘has occurred’’ rected not only at changing the sys- and insert ‘‘is apparent,’’. Bragg, California in his vessel Reach. After 66 days of rowing, on October 23, tem, but also at exerting every effort HATCH (AND OTHERS) 1997, Mick arrived in Hilo Bay on the possible to give young men in need the AMENDMENT NO. 3812 Big Island of Hawaii. opportunity for academic and athletic After putting the Reach in drydock in development. Mr. COATS (for Mr. HATCH for him- Hawaii, Mick returned to his home self, Mr. LEAHY, Mr. DEWINE, and Mr. His remarkable commitment to the base in California to raise support and SESSIONS) proposed an amendment to youth of Baltimore is most exemplified the bill, H.R. 3494, supra; as follows: prepare for the next leg of his historic by the Lancers Boys Club which he journey. Mick returned to Hawaii this On page 121, between lines 6 and 7, insert founded 50 years ago and which greatly the following: Summer and put to sea in Reach on affected the lives of approximately SEC. 203. ‘‘ZERO TOLERANCE’’ FOR POSSESSION July 18, 1998 rowing for the Gilbert Is- 3,000 young men of all different back- OF CHILD PORNOGRAPHY. lands, about 2,500 miles southwest of grounds and races. Through his re- (a) MATERIAL INVOLVING THE SEXUAL EX- Hawaii and the halfway point between markable commitment, Judge PLOITATION OF MINORS.—Section 2252 of title Hawaii and Australia. On September Hammerman influenced several genera- 18, United States Code, is amended— 22, 1998, 66 days and more than 2,200 (1) in subsection (a)(4), by striking ‘‘3 or tions of young men whose leadership miles from Hawaii, Mick made land fall has affected every facet of State and more’’ each place that term appears and in- on Majuro in the Marshall Islands, a serting ‘‘1 or more’’; and national life. ‘‘Bobby’’ Hammerman, as (2) by adding at the end the following: bit north of his intended destination in he is known by his fellow Balti- ‘‘(c) AFFIRMATIVE DEFENSE.—It shall be an the Gilberts. Mick is now happily home moreans, served his community with in California with his family preparing affirmative defense to a charge of violating exceptional dedication as a jurist but paragraph (4) of subsection (a) that the de- for his next leg to the north central also, even more importantly, as a good fendant— coast of Australia; another 2,500 mile and caring citizen. I want to take this ‘‘(1) possessed less than 3 matters contain- row. ing any visual depiction proscribed by that Mick Bird, a former U.S. Air Force occasion to express my own apprecia- paragraph; and officer, is of Pacific Island descent and tion for his life of service and ask to ‘‘(2) promptly and in good faith, and with- have printed in the RECORD several ar- out retaining or allowing any person, other has family ties to the State of Hawaii. His voyage is more formally known as ticles from the Baltimore Sun and the than a law enforcement agency, to access Baltimore Jewish Times which chron- any visual depiction or copy thereof— Trans-Oceanic, which is the name of ‘‘(A) took reasonable steps to destroy each the non-profit organization sponsoring icle his accomplishments. such visual depiction; or this attempt at the world’s first solo The articles follow: October 9, 1998 CONGRESSIONAL RECORD — SENATE S12213 [From the Baltimore Sun, July 16, 1998] Hammerman sentenced the former teacher overseas trips, dinners and lectures that WITH CLOSING ARGUMENT, JUDGE ENDS 37- to four life terms for raping one of the stu- have included celebrity guest speakers. YEAR TERM dents. In retirement, Hammerman says, he prob- In recent years, Hammerman said, the ably will spend more time on club activities, MD.’S HAMMERMAN QUESTIONS BEING FORCED courts have been flooded with criminal lining up speakers, corresponding with mem- TO PUT DOWN GAVEL AT 70 cases—particularly drug cases. When he was bers and making arrangements for trips, din- By Dennis O’Brien) appointed to the Supreme Bench there were ners and other events. The longest-serving trial judge in Mary- 15 judges, he said. These days there are twice Anderson, who joined the Lancers when he land history hangs up his robes today—and that many judges—and the courts are still and Schmoke were students at City College, he is not happy about it. swamped, he said. praises Hammerman for his club work. ‘‘I’m not retiring. They’re retiring me,’’ ‘‘The drug culture just permeates every- ‘‘You’ve got to hand it to him,’’ Anderson says Baltimore Circuit Chief Judge Robert thing we do here,’’ he said. said. ‘‘He’s probably touched thousands of I.H. Hammerman. BE ON TIME, OR ELSE lives.’’ After 37 years of deciding other people’s In court, Hammerman developed a reputa- fates and distputes, Hammerman says this [From the Baltimore Jewish Times, July 10, tion as a strict, uncompromising no-non- choice is being made for him: He will turn 70 1998] sense judge, who appeared each morning on tomorrow, the mandatory retirement age for A GOOD WAY TO LEAVE—BALTIMORE’S CHIEF judges under Maryland law. the bench at exactly 9 a.m. and expected law- yers to be just as punctual. JUDGE ROBERT I.H. HAMMERMAN MIGHT BE He sees little sense to being forced out be- RETIRING, BUT HE’LL NEVER STOP WORKING cause of his age, especially since he is fit ‘‘He’s very big on punctuality,’’ said David (By Christine Stutz) enough to walk up the five fights of stairs to Moore, a former law clerk who is now a Bal- his countroom two or three times each day, timore assistant state’s attorney. One can only imagine how crestfallen Chief he still needs only four hours of sleep each Many lawyers also say that Hammerman is Judge Robert I.H. Hammerman will feel night, can beat 20-year-old opponents at ten- prone to lose his temper, is often quick to when his alarm goes off at 3:52 a.m. on July nis and plays an hours of squash five times a make up his mind on a case and will dress 17, and he remembers he’s not due in court. week. down lawyers who either try to argue him For July 17 is his 70th birthday, which He loves the work routine that begins at out of his position or fail to show proper re- means it’s also the first day of his retire- 5:30 a.m. and involves listening to hours of spect. ment, a status he finds about as appealing as arcane legal arguments. ‘‘He’s never held me in contempt, but he’s a dip in a frozen lake. ‘‘I feel like every day is a new day, and chewed me out.’’ said Curt Anderson, a ‘‘I’m not retiring,’’ Judge Hammerman every day is different. I’ve never felt tired, or criminal defense lawyer, former state dele- says, indignantly. ‘‘They’re retiring me.’’ bored at this job,’’ he says. gate and a longtime friend. ‘‘It reminded me With 37 years of service to the city of Bal- Hammerman has asked Court of Appeals of being 17 again and being chewed out—it timore, Judge Hammerman has the longest Chief Judge Robert Mack Bell to allow him was that bad.’’ tenure of any judge in the Maryland court to serve in retirement as much as possible as Lewis A. Noonberg, another lawyer and system. For a man who lives by a strict work a part-time judge, a position that would longtime friend, attributes Hammerman’s ethic and personifies the core values associ- mean ‘‘specially assigning’’ him to any legendary short fuse to his work ethic and ated with that ethic, every day off the bench courthouse in Maryland where judges are his competitive edge. will carry a certain emptiness. short-handed. ‘‘He loves sports, and he loves to beat the That’s why he’s offering to hear cases as a Bell says he intends to take Hammerman pants off people half his age. He doesn’t get retired ‘‘recall judge’’ in whatever local ju- up on his offer. ‘‘I think he’s been a great any thrill out of beating me ‘cause I’m only risdiction needs him, 12 months a year—even judge,’’ said Bell, who served with 10 years younger than him,’’ said Noonberg, though by law he can only be paid for four Hammerman on the Baltimore Circuit Court 60. months of service. in the 1980s before Bell was appointed the REPUTATION FOR HONESTY ‘‘I don’t know anyone who has tried, and state’s top judge. Hammerman admits to being competitive continues to try, harder than he does simply It upsets Hammerman that Maryland law and to insisting on civility in his courtroom. to be a good judge,’’ says Baltimore Circuit will allow him to serve as a part-time judge But more than anything, he says, he values Court Judge David Ross, a longtime col- for only one-third of any calendar year. his reputation for honesty. So he says it of- league and friend of Judge Hammerman’s Hammerman, who is single, gives the im- fended him when he was charged with leav- who retired voluntarily two years ago. ‘‘He gives a lot and he expects a lot,’’ says pression of being willing to go just about ing the scene of an accident after a fender- David L. Palmer, a former Baltimore assist- anywhere to hear a case. bender outside the Pikesville library on ant state’s attorney who now works in the ‘‘I’ve always said that when my time is up Reisterstown Road on April 5, 1997. in this world, I want it to be one of three The driver of the car who reported the ac- law offices of Peter Angelos. ‘‘He takes a lot courts: a court of law, a tennis court or a cident, Ronnie N. Albom, said publicly after of pride in the courtroom.’’ At the luncheons and dinners planned in squash court,’’ Hammerman said. Hammerman was cleared of the charge on his honor in the coming weeks, the vigorous, FROM THE BEGINNING Sept. 22, 1997, that his position as a judge whitehaired jurist will be lauded as a man of Robert Israel Harold Hammerman was helped him win the acquittal in Baltimore intellect, industry and integrity. No doubt born in Baltimore, the son of Herman County District Court, a charge that he also will be teased about his tennis game, Hammerman, a lawyer who did mostly real Hammerman vehemently denies. his fondness for iced tea and Rold Gold pret- estate work for his older brother, S.L. Hammerman said that there was no acci- zels, and his fastidious nature. dent and no damages, that he did not know Hammerman, a prominent Baltimore devel- On the bench, he is Chief Judge Robert I.H. the judge who acquitted him and that he oper. Hammerman, a stickler for detail and a force A graduate of City College, the Johns Hop- turned down an offer to have the case dis- to be reckoned with. The first week on the kins University and Harvard Law School, missed if he would pay the $77 in damages to job, every trial lawyer in town learns two Hammerman was appointed in 1961 by Gov. Albom. cardinal rules about the Hammerman court: J. Millard Tawes to be a judge on the old ‘‘For one thing, there was no accident. Sec- be on time and be prepared. Those who have Baltimore Municipal Court to decide traffic ond, I didn’t leave the scene; that’s how they incurred his wrath are probably still smart- cases, neighborhood disputes and mis- got the information that they later used to ing from it. demeanor offenses. He was appointed six file these false charges,’’ Hammerman said. In his private life, though, he is Bob years later to the Supreme Bench of Balti- LEGACY OF THE LANCERS Hammerman, a sports enthusiast who at- more, which became the Baltimore Circuit Although as a judge he has often been in tends Smashing Pumpkins concerts and Court in 1983. the public eye, Hammerman may be best shares his cluttered den with a giant Mickey He spent his first eight years on the Su- known throughout the city for his work as Mouse doll. At 11:25 every evening, the Har- preme Bench presiding over the city’s Juve- adviser to the Lancers Boys Club, a high-pro- vard Law School graduate opens a pint of nile Court and is credited with bringing the file civic organization for teen-age boys es- Baskin Robbins ice cream and sits down to court into compliance with a landmark 1967 tablished by three childhood friends in 1946. watch the sports segment on the Channel 2 Supreme Court case, In Re Gault, that guar- The club, which boasts Mayor Kurt L. evening news. About halfway through anteed juvenile offenders the same right to Schmoke and numerous other prominent ‘‘Nightline,’’ he reaches the bottom of the an attorney as adults. people as members, has been the judge’s pet container and calls it a night. IN THE SPOTLIGHT project ever since. At precisely 3:52 a.m., his alarm goes off, Over the years, Hammerman has presided Hammerman has used the club to steer and he begins another day. He’s at the court- over some of the city’s most publicized 3,000 boys to civic activism through activi- house by 5:30, when even the pigeons are still trials, including the 1995 jury trial for John ties such as tutoring in schools, working in sleeping. Joseph Merzbacher, then 53, a former Catho- soup kitchens and participating in commu- A lifelong member of Reform Har Sinai lic Community Middle School teacher ac- nity cleanup drives. The club encourages Congregation in Upper Park Heights, Judge cused of sexually abusing 14 students and members to study in school, play sports and Hammerman blows the shofar, or ram’s horn, other teen-agers between 1972 and 1979. strive for success and rewards them with every Rosh Hashanah. For the past 25 years S12214 CONGRESSIONAL RECORD — SENATE October 9, 1998 he also has blown the shofar during Ash Dickens and Hawthorne—classics he says his improve and assess recreational uses so Wednesday services at Immaculate Heart of father, whose family could not afford to send vital in our nation’s midsection. The Mary, a Catholic church in Towson. him to college, devoured each night before EMP involves extensive federal-state Although he says he never set out to be a retiring. Filed among the yellowed pages of planning, coordination, and cost-shar- role model, Judge Hammerman takes pride those books are all of Judge Hammerman’s in exemplifying certain character traits he school report cards. ing. holds dear:punctuality, diligence, honesty, In the same way that he recalls his happy I am pleased that this legislation will respectfulness and generosity. As founder of childhood, Judge Hammerman looks back prevent termination of this program in the Lancers Boys Club in 1946, he has influ- with pride on a stellar career as one of the 2001, as provided in the earlier author- enced more than 3,000 young men to strive city’s most prominent public figures. izing legislation. This bill will ensure for excellence. ‘‘I feel I have been very privileged, very that necessary funding, and approved A doting father figure to many current and fortunate, very lucky to have had this job,’’ habitat rehabilitation and enhance- former Lancers, he cheers them on at he says. ‘‘I have no regrets. None. ment projects will continue. I also rec- ballgames, follows their academic progress, ‘‘And it’s a good way to leave.’’ ∑ ognize, with a total ten year authoriza- and is always available for late-night phone f calls when advice or encouragement is need- tion of $350 million, that it is among ed. REAUTHORIZATION OF THE ENVI- the largest program authorizations With his guidance, countless Lancers have RONMENTAL MANAGEMENT PRO- contained in the bill. attended prestigious colleges and profes- GRAM IN THE WATER RE- I am very pleased that the collegial sional schools and become outstanding busi- spirit surrounding work on EMP is also ness and community leaders. Baltimore SOURCES DEVELOPMENT ACT OF 1998 well-rooted on the House side. My col- Mayor Kurt L. Schmoke, state Del. Samuel league in the Wisconsin delegation I. ‘‘Sandy’’ Rosenberg and former Alex. ∑ Mr. FEINGOLD. Mr. President, last Brown chairman Alvin ‘‘Buzzy’’ Krongard (Representative KIND) is working with night, the Senate passed the Water Re- Representative OBERSTAR in stead- are Lancers alumni. sources Development Act of 1998. I ‘‘I believe in discipline everywhere. Dis- fastly pursuing this reauthorization cipline is something we haven’t enough of in wanted to voice my support for this this year. our society,’’ says the judge, who graduated bill. In particular, I appreciate the sec- The manager’s amendment reauthor- Phi Beta Kappa from Johns Hopkins Univer- tion that reauthorizes the Army Corps’ izes EMP through 2009 at an increased sity in 1950. Upper Mississippi River Environmental total funding level of $33.5 million per ‘‘It isn’t enough to do something that will Management Program, known as EMP. year. It also makes some important simply pass muster, that is adequate,’’ he I wish to commend the hard work of changes to the program. It creates an tells his prote´ge´s. ‘‘You must do it to the the Senator from Rhode Island (Mr. very best of your ability.’’ independent technical advisory com- CHAFEE) and the Senator from Montana In his first assignment, to the juvenile mittee to review habitat projects and court, he took great pains to find something (Mr. BAUCUS) and their staff members, monitoring plans. It authorizes the a young offender was interested in and ‘‘use Dan Delich and Jo Ellen Darcy, in Corps to complete a habitat and natu- that as a building block,’’ he says. One boy, order to complete a WRDA bill prior to ral resource needs assessment of the who had brought a loaded gun to school, the adjournment of the 105th Congress. Upper Mississippi Basin within three loved football, but there were no organized I appreciate the time and attention years of WRDA enactment. And, it pro- teams in his Southwest Baltimore neighbor- they have paid to ensuring that EMP is hood. vides Congress with another com- reauthorized in this bill. prehensive assessment of the program, The judge arranged for him to play with I also want to extend my sincere the Randallstown Rams, and made attending its projects and effectiveness, by 2005. practices a condition of his probation. The thanks to the Senior Senator from Mis- I believe these to be positive changes youth became a star of the team, and then— souri (Mr. BOND), who shepherded the to the program. I look forward to the with the judge’s help—attended Baltimore EMP provisions through the Commit- Conference on this matter, and I urge Polytechnic Institute and went on to college. tee. I have enjoyed working with him my colleagues in the other body to act DEMANDING, BUT FAIR on the reauthorization of this impor- quickly on this legislation.∑ It’s difficult to imagine a profession for tant program. He and his staff have f which Judge Hammerman is better suited. worked along with me and my staff to As a judge, he can use his brilliant mind to make sure this section was well crafted ANNIVERSARY OF IMPORTANT serve mankind, but in a secure, controlled and met the needs of the Upper Mis- MILESTONES TOWARD ENDING environment where he’s very much in sissippi states and the Mississippi NUCLEAR WEAPONS TESTING charge. River environment. The manager’s Mr. HARKIN. Mr. President, today I ‘‘It has allowed me to use the habits I be- ∑ lieve in, in constructive ways,’’ he says. amendment makes the necessary want to recognize the anniversaries of David Rosenberg, a litigation partner with changes to the Committee language to some important milestones along the the Washington, D.C., law firm of Wright, meet the needs of all interested par- road to ending nuclear weapons test- Robinson, Osthimer & Tatum, clerked for ties. ing. This month marks some major Judge Hammerman in 1985–86. From its inception, the EMP has steps we have taken toward an inter- ‘‘He really influenced me and had a pro- been a program that enjoys bipartisan national ban on nuclear weapons tests, found effect on my career,’’ says Mr. Rosen- support. Initially conceived and spon- a cornerstone of our Nation’s nuclear berg. ‘‘I was always amazed. He never took sored in the House by my former col- the bench without looking at the file com- weapons non-proliferation policy. pletely. And I was always struck by the fact league from Wisconsin (Mr. Gunderson) These anniversaries also remind us how that he let the lawyers have their say.’’ and the Congressman from Minnesota much more remains to be done if we Even though the judge has been very de- (Mr. OBERSTAR), the EMP was origi- are to honor the vision of those who manding of his law clerks, they praise him nally authorized in the Water Re- have worked to reduce the threat of for teaching them what it takes to be a suc- sources Act of 1986. At the same time, nuclear war. cessful lawyer. Congress designated the Upper Mis- On October 11, 1963, the Limited Test ‘‘His demands were not so much that Rob- sissippi River ‘‘a nationally significant Ban Treaty entered into force after ert I.H. Hammerman was an important per- ecosystem and a nationally significant being ratified by the Senate in an over- son, but the people who went into that court- room were important people,’’ says state commercial navigation system.’’ whelming, bipartisan vote of 80–14 just Del. Robert L. Frank of Reisterstown, who Since its inception, the EMP has a few weeks earlier. This treaty paved clerked for the judge in 1984–85. ‘‘In a society been a cooperative effort between the the way for future nuclear weapons of me-first people, he has given far more Corps, the Upper Mississippi states, testing agreements by prohibiting tests than he’ll ever get.’’ conservationists, and commercial ship- in the atmosphere, in outer space, and Judge Hammerman, who never married, ping and other economic interests. The underwater. This treaty was signed by lives in the same Park Heights apartment he program’s purpose is to regain and pro- 108 countries. shared with his mother, the late Belle tect significant areas of diverse, pro- Our Nation’s agreement to the Lim- Greenblatt Hammerman. Every item in the home has a history he’s eager to share, and ductive fish and wildlife habitat, to es- ited Test Ban Treaty marked the end which he recalls in great detail. tablish long-term resource monitoring of our Nation’s aboveground testing of He opens the glass doors of a secretary to which gauges dynamic changes and im- nuclear weapons, including those at reveal the complete works of Tolstoy, Hugo, pacts of future developments, and to the U.S. test site in Nevada. We now October 9, 1998 CONGRESSIONAL RECORD — SENATE S12215 know, all too well, the terrible impact celerate the treaty into force. Yet, as a turning to Portland, she was struck by of exploding nuclear weapons over the signatory, we will still be bound by its the high numbers of gunshot wound pa- Nevada desert. Among other con- provisions. tients being treated each year at sequences, these tests in the 1950’s ex- The CTBT is a major milestone in Emanuel Hospital. After speaking with posed millions of Americans to large the effort to prevent the proliferation victims and their families and friends, amounts of radioactive Iodine-131, of nuclear weapons. It would establish she realized that most young people did which accumulates in the thyroid a permanent ban on all nuclear explo- not recognize or understand the con- gland and has been linked to thyroid sions in all environments for any pur- sequences of their risky behavior. cancer. ‘‘Hot Spots,’’ where the Iodine- pose. Its ‘‘zero-yield’’ prohibition on Since then, Dr. Erwin has worked as a 131 fallout was the greatest, were iden- nuclear tests would help to halt the de- leading advocate for gun violence pre- tified by a National Cancer Institute velopment and deployment of new nu- vention, intervention and education. report as receiving 5–16 rads of Iodine- clear weapons. The Treaty would also One of the keys to Dr. Erwin’s suc- 131. The ‘‘Hot Spots’’ included many establish a far-reaching verification re- cess has been her ability to create part- areas far away from Nevada, including gime that includes a global network of nerships. Many of the programs that New York, Massachusetts and Iowa. sophisticated seismic, hydro-acoustic she has initiated bring together and Outside reviewers have shown that the and radionuclide monitoring stations, combine the efforts of the medical, 5–16 rad level is only an average, with as well as on-site inspection of test legal, law enforcement, and education many people having received much sites to deter and detect violations. communities as well as non-profit or- higher exposure levels, especially those It is vital to our national security for ganizations and committed volunteers. who were children at the time. the nuclear arms race to come to an Dr. Erwin has successfully spread her To put that in perspective, federal end, and the American people recognize message throughout the Portland com- standards for nuclear power plants re- this. In a recent poll commissioned by munity with such programs as ‘‘Save quire that protective action be taken the Coalition to Reduce Nuclear dan- Our Youth,’’ ‘‘Safe Schools Safe for 15 rads. To further understand the gers, nearly 50 percent of voters sup- Lives,’’ ‘‘Firearms as a Public Health enormity of the potential exposure, ported ‘‘eliminating nuclear weapons Crisis’’ and ‘‘American Epidemic Pro- consider this: 150 million curies of Io- worldwide’’ and an additional third grams.’’ She has also lectured through- dine-131 were released by the above support ‘‘reducing the number of nu- out the Pacific Northwest, taking her ground nuclear weapons testing in the clear weapons worldwide’’. In addition, educational presentations to peer and United States, about three times more a 1997 poll by the Mellman Group for youth groups throughout the states of than from the Chernobyl nuclear power the Henry J. Stimson Center found Oregon, Washington, and Idaho. plant disaster in the former Soviet that 69 percent of voters believe the Dr. Linda Erwin is an outstanding ex- Union. goal of the United States should be to ample of a professional who has given It is all too clear that outlawing reduce or eliminate nuclear weapons. her time, resources, and knowledge to above-ground tests were in the interest It is heartening to know that the the community for the betterment of of our Nation. I strongly believe that American people understand the risks all. For these reasons, Dr. Erwin has banning all nuclear tests is also in our of a world with nuclear weapons. It is received Ameritech’s Award of Excel- interests. now time for policymakers to recog- lence in Crime Prevention. I would like October also marked some key steps nize this as well. There is no better to thank her on behalf of all those the Comprehensive Test Ban Treaty or way to honor the hard work and dedi- whose lives she lives she has touched. CTBT. On October 2, 1992, President cation of those who developed the f Bush signed into law the U.S. morato- LTBT and the CTBT than for the U.S. rium on all nuclear tests. The morato- Senate to immediately ratify the NATIONAL FIRE PREVENTION rium was internationalized when, just CTBT. Our Nation’s role as the world’s WEEK a few year later, on September 24, 1996, only remaining superpower demands no ∑ Mr. SARBANES. Mr. President, this a second step was taken—the Com- less.∑ week the nation joins in marking Na- prehensive Test Ban Treaty, or CTBT, f tional Fire Prevention Week, a time was opened for signature. The United set aside not only to remember those States was the first to sign this land- AWARD OF EXCELLENCE FOR DR. who were injured and those who trag- mark treaty. LINDA ERWIN ically lost their lives due to fire, but Mr. President, a little more than a ∑ Mr. WYDEN. Mr. President, I rise also to acknowledge the heroic efforts year ago, President Clinton took a today to recognize Dr. Linda Erwin of of those men and women who work so third important step in abolishing nu- Portland, Oregon, for her career as hard to prevent and protect us against clear weapons tests by transmitting both a gifted medical professional and such tragedies. the CTBT to the United States Senate as a tireless and dedicated educator. As Every year, more than 5,000 Ameri- for ratification. Unfortunately, the one of the first healthcare profes- cans die in fires and another 25,000 sus- Senate has yet to take the additional sionals in the Pacific Northwest to rec- tain fire-related injuries. The majority step of ratifying the CTBT. I am hope- ognize that gun violence is a public of these fires, around 80%, occur in the ful that we in the Senate will debate health issue, Dr. Erwin has just been home. Fortunately, many of these and vote on ratification of the Treaty, awarded the National Crime Preven- deaths and injuries can be prevented by and continue the momentum toward tion Council’s Ameritech Award of Ex- simply planning ahead. the important goal of a worldwide ban cellence in Crime Prevention. She is The most important function of Na- on nuclear weapons testing. one of only seven people throughout tional Fire Prevention Week is that of Many believed we had conquered the the Nation to receive this honor. raising awareness about the dangers of dangerous specter of nuclear war after Dr. Erwin is currently the Assistant fire and the relatively simple steps we the Cold War came to an end and many Director of Trauma Services at Legacy can take to prevent fire-related trage- former Soviet states became our allies. Emanuel Hospital, and it was through dies. Unfortunately, recent developments in her experiences as a trauma surgeon The theme of this year’s National South Asia remind us that we need to that she first became aware of the need Fire Prevention Week, ‘‘Fire Drills: be vigilant in our cooperative inter- for increased education about vio- The Great Escape,’’ serves to encour- national efforts to reduce the dangers lence—especially gun violence. Dr. age the public to practice and plan a of nuclear weapons. Erwin has taken advantage of her posi- home escape plan. This involves a num- It is especially important that the tion, education, and talents to reach ber of steps and I want to touch on Senate act before the September 1999 beyond the trauma room to educate them briefly. According to officials at deadline for ratification by 44 coun- young people throughout the Pacific the United States Fire Administration tries. If the United States fails to rat- Northwest. (USFA), the first step in developing a ify the CTBT, then we will not have a While working in England for two home escape plan is the installation of voice in the special international con- years, Dr. Erwin treated a total of two smoke alarms on every floor. It is esti- ference which will negotiate how to ac- patients for gunshot wounds. Upon re- mated that working smoke alarms can S12216 CONGRESSIONAL RECORD — SENATE October 9, 1998 actually double your chances of sur- Georgia talking to several newspapers for America and good for Social Secu- vival in the event of fire. and many more voters. It was late in rity. Smoke alarms, though, are not the the campaign and we were all tired and What does a balanced budget mean only element of a home escape plan. It ready for the election. Jennifer kept for hard-working Americans? For one is vital that every individual in a me on message as much as humanly thing, it means lower interest rates. household knows and practices at least possible and rewarded me with candy. The rate on a 30-year fixed-rate mort- two escape routes from every room in This creative thinking is typical of gage might be as high as 9.5 percent, that home. If confronted by a fire, one Jennifer. As she and I will both affirm, instead of the current average of about should first escape the burning house it sometimes takes innovative ap- 6.6 percent, had Washington continued and then meet at a previously des- proaches to confine me to one message. to rack up deficits as large as those ex- ignated family meeting place outside I went to bed on election night not perienced in the early 1990s. of the home. Then, the fire department knowing for certain if I had won the The savings from lower interest rates should be notified. Finally, by no race. Early the next morning, my can be substantial. Just a one point means should anyone attempt to re- phone rang and woke me up. It was drop on a $100,000 mortgage amounts to enter a burning home. Jennifer and she said ‘‘Good morning, monthly savings of $67, or more than Mr. President, I rise today in support Senator.’’ The people of Georgia had $24,000 over the 30-year term of a mort- of the theme of this year’s National heard our message of hope and oppor- gage. We are talking here, not about Fire Protection Week and to encourage tunity, several news organizations just a one point drop, but rates that the development of as many home es- wanted to interview me and this was are two to three points lower than just cape plans as possible. The fact is that my wake-up call. Jennifer was the first a few years ago. no one is immune to the dangers of person to call me ‘‘Senator.’’ I will Lower interest rates on student loans fire, but if they develop a plan similar never forget that moment and I want make a college education more afford- to the USFA’s their chances of survival to thank her very much for that. able for young people, and lower rates are significantly increased. After the election, I asked Jennifer on car loans mean that hard-working Today, on the anniversary of one of to come to Washington with me where men and women all around the country our nation’s worst fires, the Great Chi- she became my Press Secretary. The can stretch their budgets a little far- cago Fire of 1871, I want to commend tenacious media in Washington was no ther. A balanced budget literally the National Fire Protection Associa- match for her. Although the southern means money in people’s pockets. tion for sponsoring National Fire Pro- hospitality of Atlanta was nothing like The first thing we should do at the tection Week and to urge my col- the rough and tumble of Washington, beginning of this new fiscal year is leagues and all citizens to pay careful Jennifer’s experience paid off. Jennifer commit that we will maintain a bal- attention to the theme and message of quickly established good relationships anced federal budget for the American this year’s National Fire Protection with the media and helped me share people. We can certainly debate what Week, so that we may continue to re- with the people of Georgia the work we to do with emerging budget surpluses, duce such preventable losses. ∑ were doing on campaign finance re- but there should be no longer be any f form, Georgia’s defense operations and debate that our national policy ought TRIBUTE TO JENNIFER WARDREP many, many more things. to be to keep the budget in balance. Mr. President, now that the budget is ∑ Mr. CLELAND. Mr. President, I rise Although I have said it many times, today to pay tribute to Jennifer I truly believe that I have the best finally in balance, we have the unique Wardrep, one of my finest employees staff on Capitol Hill. And I truly be- opportunity to consider other issues who has worked for me, in one capacity lieve I have the best Press Secretary on without the cloud of big deficits hang- or another, for five years. Jennifer Capitol Hill as well. Jennifer has de- ing overhead. For example, we ought to came to work for my press office when cided to move on to other things and I consider whether tax rates are at their I was the Secretary of State of Geor- wish her the best of luck at whatever optimal level, or whether they are too gia. She had recently graduated from she does, although I doubt she will high. By definition, a budget surplus East Carolina University where she need it. Jennifer has served the people means that our government is collect- studied journalism and political of Georgia well and served me extraor- ing more than is necessary for current science. Jennifer had a successful ca- dinarily well. Whether it was setting operations. People are paying simply reer in college, working for the student up press conferences, sending out news paying more than they need to. newspaper and rising to become its edi- releases, writing PSA’s, or recording Perhaps, instead of keeping tax rates tor. Internet messages, Jennifer Wardrep is higher than they need to be, we ought In the Secretary of State’s office, an irreplaceable part of my staff and to reduce income-tax rates across the Jennifer quickly won my respect and will always be my ‘‘Tiger’’ in the press board—for single people and married that of her coworkers for her hard office.∑ couples, people with children and those work and writing skills. She spent f without, young people just getting a many long nights working in the Geor- start and seniors trying to make ends THE BUDGET SURPLUS gia Capitol to make it possible for the meet on fixed incomes. It seems to me people of Georgia to receive the news of ∑ Mr. KYL. Mr. President, September that every taxpaying American de- State elections, the new Motor Voter 30 marked the end of fiscal year 1998, serves a break. laws and all of the important work and, for the first time since 1969, the We could also reduce taxes on savings handled by that office. Her dedication news is written in black ink, not red. and investment—lower the tax on cap- to me, and that office, is something for Although the final numbers will not be ital gains and eliminate the death which I am deeply in her debt. available for a few more weeks, it ap- tax—two things that would help keep In December of 1995, Jennifer left the pears that the federal government will the already lengthy economic expan- safety of her ‘‘good government job’’ end the year with a unified budget sur- sion from petering out. If we have for the exciting but temporary life of a plus of about $70 billion. learned anything from recent experi- political campaign. Once again, Jen- Mr. President, this is truly a dra- ence, it is that a strong economy, more nifer came to work for me, on my long- matic turnaround. After all, it was than tax-rate increases or modest shot attempt to become a United only three years ago that President spending cuts, is what it takes to turn States Senator. If there ever was a Clinton submitted a budget plotting budget deficits into surpluses. The time when I needed a good press per- $200 billion deficits well into the next booming economy has been pouring bil- son, it was then. Jennifer was a huge century. I recall that skeptics back lions of extra tax dollars into the part of a successful media campaign then often derided a balanced budget as Treasury. If we want that revenue flow that let the voters of Georgia decide a risky idea, something that could even to continue, we need to be sure that for themselves who was best suited to threaten Social Security. Now, how- tax policy is conducive to sustained represent them in the U.S. Senate. ever, the skeptics seem to concede economic growth. I remember one time in particular what many of us have been saying all But the fact is, tax relief is not going when we were traveling through South along—that a balanced budget is good to pass this year. President Clinton has October 9, 1998 CONGRESSIONAL RECORD — SENATE S12217 already indicated he will veto the mod- But by failing to account for them THE PROCLAMATION OF SEPTEM- est tax-relief bill approved by the when he submitted his original budget BER 18, 1998 AS POW/MIA REC- House, and we do not have the votes to in February, President Clinton was OGNITION DAY FOR THE STATE reach the two-thirds majority that it able to inflate spending on other pro- OF NEVADA would take to override a veto. So dis- grams and claim that his budget still ∑ Mr. REID. Mr. President, recently, cussion of tax relief is really academic fell within the constraints of last Governor Miller of Nevada, in support this year. year’s budget agreement. Now, the of the National League of Families of Aside from tax relief, the surplus President wants all of this declared American Prisoners and Missing in gives us a chance to pay down the na- emergency spending so that it does not Southeast Asia, proclaimed September tional debt. Less federal borrowing have to be offset elsewhere in the budg- 18, 1998 as POW/MIA Recognition Day frees up funds for businesses and con- et. The reality is that he wants to raid in the state of Nevada. I am pleased to sumers, and as I indicated earlier in the Social Security surplus to pay for declare before the Senate my strong my remarks, that has already led to these other things. support for this proclamation. lower interest rates. Further reduc- Many Americans will ask what hap- The proclamation reads as follows: tions in the debt would continue that pened to the pledge President Clinton Whereas today there are 2,118 Americans virtuous cycle. Moreover, it seems to made in his State of the Union Address still missing and unaccounted for from me that we have a moral obligation to earlier this year. That was when he Southeast Asia, including 3 from the State of relieve our children and grandchildren looked the American people squarely Nevada, and their families, friends, and fel- of some of the burden of paying off the in the eye and said: low veterans still endure uncertainty con- cerning their fate; and debt that our generation has accrued. I propose that we reserve 100 percent of the Another option is to use the budget Whereas we as Americans believe that free- surplus—that is every penny of any surplus— dom is precious because it has been won and surplus for Social Security. We all rec- until we have taken all the necessary meas- preserved for all at a very great cost; and ognize the huge costs that will be asso- ures to strengthen the Social Security sys- Whereas few Americans can more fully ap- ciated with getting back to what most tem for the 21st century. preciate the value of liberty and self-govern- people thought Social Security was Eight months have passed, and the ment than those Americans who were in- supposed to be—a safe and secure ac- President has yet to send us any plan terned in enemy prison camps as POWs and those who remain missing in action; and count where their contributions could to protect Social Security. Worse yet, be deposited and where they could grow Whereas the courage, commitment, and de- while publicly claiming to try to pro- votion to duty demonstrated by those serv- to produce a nest egg for retirement. tect the surplus for Social Security, he icemen and women who risked their lives for Applying the budget surplus toward has already been out drawing it down our sake has moved the hearts of all Nevad- those transition costs will make it for other programs. The House-ap- ans; and much easier to make the required proved tax-relief bill that the Presi- Whereas, their dignity, faith, and valor re- minds us of the allegiance we owe to our na- changes and ensure that Social Secu- dent has criticized would use only $6.6 rity is there for our children and tion and its defenders as well as the compas- billion of the budget surplus for tax re- sion we owe to those families of the MIAs grandchildren. lief next year. That compares to the $20 And of course, the surplus we have in who daily demonstrate heroic courage and billion or more of the surplus that the fortitude in the face of uncertainty; the unified federal budget really exists President wants to spend on other pro- Now, therefore, I, Bob Miller, Governor of only as a result of the surplus that So- grams. the State of Nevada, do hereby proclaim Sep- cial Security generates anyway. Take If it is wrong to use part of the sur- tember 18, 1998, as POW/MIA Recognition Social Security out of the calculation Day. plus for tax relief, is it not wrong to and the federal budget would show not Mr. President, it is of paramount impor- spend at least three times as much on a surplus of $70 billion, but a deficit tance that we continue to demand a full ac- government programs? It seems to me counting of our servicemen and women in somewhere in the range of $30 billion. that this is just another example of the foreign countries, in full respect and ac- Mr. President, there is some merit in knowledgment of their unremitting courage each of these ideas: tax relief, debt re- President trying to have it both ways. Mr. President, it is too bad we did and dedication in placing their lives on the payment, and Social Security reform. line as members of the United States Armed The problem is, before we can even not achieve any consensus about what Forces. begin the debate about which of these to do with the budget surplus this year, The importance of this issue cannot be options is best, the budget surplus is because, by default, as of October 1, overstated. The sacrifices of these brave men being steadily frittered away. any surplus automatically went to re- and women must never be forgotten, and we Earlier this year, Congress, at the duce the national debt. If we are really must continue to strive to account for every one of our missing service members. A full Clinton administration’s behest, dipped serious about protecting Social Secu- rity, as to future surpluses, we should accounting of our missing Americans is abso- into the surplus, spending about $6 bil- lutely essential, not only for our armed serv- lion on a variety of programs. Within wall off the Social Security surplus so ices personnel but for their families and our the next day or two, action is expected that it cannot be spent on other pro- nation. Similarly, we must see that they, on another Clinton request to draw grams—not by the President, not by like all our other veterans, are forever recog- down the surplus by at least another Congress. nized for the duty they performed so val- $14 billion—with not a dime going to The Senator from Texas, Senator iantly when our country needed them. Social Security. We are talking about GRAMM, has one idea about how to do It is with these convictions that I support that. As I understand it, funds would be this proclamation, establishing a Recogni- the President’s request to spend bil- tion Day for those who so fully deserve our invested in genuine assets, not just lions of dollars of the surplus on Bos- reciprocal dedication.∑ nia, embassy security, farm aid, and government IOUs, under the super- f the Year 2000 computer problem. vision of the Federal Reserve. The Of course, funding requirements for money would be off-limits to Congress HONORING ALEXANDER C. Bosnia and these other needs were cer- and the President, and when Congress SCHLEHR tainly foreseeable and could have been and the President agree on a plan to ∑ Mr. D’AMATO. Mr. President, I rise accounted for when the President sent save Social Security, it could be put to to pay tribute to the young men and his budget to Congress eight months use for the purpose for which it was women that served bravely in the ago. After all, troops have been de- collected. United States military during WWI, ployed in Bosnia since 1995, and last In addition to protecting the Social and to one veteran in particular, Alex- year, the President extended their de- Security surplus, in my opinion, we ander C. Schlehr. Mr. Schlehr, of Buf- ployment there indefinitely. The need should provide broad-based tax relief to falo, NY, is one of only 1,800 living vet- to beef up embassy security was the American people with any other erans of this war. He courageously brought up months ago, and we have surplus. It is, after all, their hard work lived through the perils of European known about the Year 2000 computer and their tax payments that have cre- trench warfare and served his country problem for some time. None of these ated the surplus we enjoy today. We honorably. things should have come as a surprise ought to return any excess revenue to Due to his strong desire to assist his to the White House or anyone else. the people who earned it and paid it.∑ country in the war effort, Alexander S12218 CONGRESSIONAL RECORD — SENATE October 9, 1998 enlisted in the army at the young age Larry Doby, and the essential fairness Dodgers pitching coach Red Adams, who of 19. Immediately, he was incor- of our American spirit, that at age 94, fashioned him into the durable and skillful porated into 59th Pioneer Infantry, Sam Lacy was recognized for his pitcher who would win 15 or more games 12 later to be known as the Corps of Engi- unique contribution to journalism and times and finish his career ranked fifth all- time with 3,574 strikeouts. neers. Even before Alex’s infantry land- baseball. Mr. President, I am most ‘‘No person ever meant more to my career ed in France, the boat on which he was pleased to take this opportunity to than Red Adams,’’ Sutton said. ‘‘Without traveling was attacked by enemy tor- congratulate Sam Lacy personally for him, I would not be standing in Cooperstown pedoes. Thus, he has experienced all as- his induction into the Hall of Fame and today.’’ pects of warfare, both on the sea and in for his distinguished and exceptional There weren’t a lot of dry eyes when Sut- the trenches of France and in the Ar- contribution to sports journalism. In ton finally pointed out his 20-month-old gonne forest. For his patriotic and he- honoring him, we also pay tribute to daughter Jacqueline, who was born 16 weeks premature and given little chance to survive, roic service, Schlehr has been awarded those great players of the past and and credited her with bringing his life and a WWI medal with three Battle Stars present who have given so much to the career into perspective. and is currently being reviewed for the sport of baseball. ‘‘Thanks, little girl, for sticking around to French ‘‘Legion of Honor’’ medal. He is I ask that several articles from the be part of this. You make it perfect,’’ said also considered a local hero. His serv- Baltimore Afro-American, which pro- Sutton, 53. ‘‘I’m a very blessed man. I have ice has been exalted in his local news- vided the forum for Sam’s journalistic my health. I’m part of a family that I love to paper, the Amherst Bee, and has been offerings, and the Baltimore Sun be be a part of. I’ve had a dream come true that is a validation of what my father taught me recognized by local and top govern- printed in the RECORD. The articles follow: a long time ago. You can have a dream and ment officials, all of whom contacted if you’re willing to work for it, it can come him on his 100th birthday. [From the Baltimore Sun, July 27, 1998] true. With apologies to Lou Gehrig, I’m the Yet, Alexander Schlehr’s desire to DIVERSE PATHS CROSS AT HALL luckiest man on the face of the earth. I have serve his country did not end at the PIONEERS DOBY, LACY SHARE DAIS WITH SUTTON everything in life I ever wanted.’’ close of the war. When the war ended, ON INDUCTION DAY The makeup of the group of honorees clear- Schlehr graciously helped in handling (By Peter Schmuck) ly reflected the great progress that base- ball—and society—has made during the half- the personal belongings of discharged COOPERSTOWN, N.Y.—They came from dif- officers. He has raised four children, century since Robinson broke through base- ferent places. Different backgrounds. Dif- ball’s color barrier in 1947. one of which has served the United ferent eras. Doby would soon join Robinson in the States in wartime as well, and pros- Don Sutton, the son of a tenant farmer, major leagues, helping fulfill the dream that pered as a successful business man. won 324 games and was one of the most Lacy had articulated in countless newspaper Furthermore, he has received numer- steady and consistent pitchers of his genera- columns in the 1930s and early 1940s—a ous awards and recognitions denoting tion. dream that sill seemed very distant when Larry Doby, the brilliant young Negro Rogan ended his playing career in 1938. his sixty years of service in the Amer- leagues outfielder who followed closely in ican Legion and the Commandeers. Jarrin would forge a link to the Latino com- the footsteps of Jackie Robinson, hit 253 munity in Los Angeles a decade later and I feel it is my duty to recognize the major-league home runs, but is better known outstanding service Alexander Schlehr emerge as the voice of baseball to millions of as the first black player in the American Hispanic baseball fans in the United States has given to this country during his 101 League. and Latin America. years of life. He is an example for all Sam Lacy, the sports editor and columnist Lacy, 94, gave the crowd a start when he Americans through his selfless and for the Baltimore Afro-American these past stumbled and fell on his way to the podium, courageous actions. I thank him for his 54 years, crusaded for the inclusion of black but he collected himself and delivered a players in the major leagues and, yesterday, dedication to our country and wish him poignant, humorous speech that included a was included in the large class that was in- call to more fully acknowledge the history a Happy 102nd Birthday this coming ducted into Baseball’s Hall of Fame. spring. and contributions of the black press. ∑ The Class of ’98 also included longtime ‘‘I hope that my presence here . . . will f baseball executive Lee MacPhail, turn-of- impress on the American public that the the-century star George Davis, Negro TRIBUTE TO SAM LACY Negro press has a role that is recognized and leagues pitcher Joe Rogan and Spanish-lan- honored,’’ Lacy said. ∑ Mr. SARBANES. Mr. President, it is guage broadcaster Jaime Jarrin, all of them Doby also gave a stirring acceptance a singular privilege for me to rise and honored during an emotional 11⁄2-hour induc- speech, recounting a career that began with acknowledge that this past summer tion ceremony on the lawn of the Clark the four years he spent with the Newark Ea- Sam Lacy, one of the giants of Amer- Sports Center on the outskirts of Coopers- gles of the Negro leagues and took a historic town. turn when Cleveland Indians owner Bill ican sports journalism, was inducted It was Sutton who tugged hardest on the into the Baseball Hall of Fame in Coop- Veeck purchased his contract and brought heartstrings of the estimated crowd of 6,000 him right to the majors on July 5, 1947. erstown, New York on July 26. Sam with an elegant 20-minute acceptance speech ‘‘Everything I have and my family has got Lacy, like Baltimore’s great civil that traced his career from the uncut base- has come from baseball,’’ he said. ‘‘If some- rights leaders Thurgood Marshall and ball fields of the rural South to the stage one had told me 50 years ago that I would be Clarence Mitchell, Jr., was a pioneer in where he stood in front of 33 past Hall of here today, I would not have believed it.’’ the great struggle to expand the par- Fame inductees to see his plaque unveiled. Pressed later for details of indignities he ‘‘I’ve wanted this for over 40 years,’’ he ticipation of all Americans in our na- suffered as one of the pioneer black players, said, ‘‘so why am I standing here shaking he responded without rancor or bitterness. tional life. The path he chose, however, like a leaf? Probably because I’m standing in was not the corridors of legal or politi- ‘‘It’s a tough thing to look back and think front of these wonderful artists of our game. about things that were probably negative,’’ cal power, nor the streets and side- If you can’t feel the aura when you walk said Doby. ‘‘You put those things on the walks of protest, but rather the silent through the Hall of Fame, check tomorrow’s back burner. You’re proud to have played a and eloquent power of his pen. obituary column . . . because you’re in it.’’ part in the integration of baseball. I feel this His career in journalism, which Sutton thanked his father for the work is the proof that we all can work together, spanned over 50 years, began in the ethic that carried him through 23 major- live together and be successful together.’’ throes of a segregated society which league seasons. He lovingly acknowledged his late mother, Lillian, his wife, Mary, and deprived talented athletes of color the [From the Baltimore Afro-American, Aug. 1, his children. 1998] right to give their best in the field of He thanked Hall of Fame teammates LACY: A MAN WHO STANDS FOR SOMETHING competition. Sam Lacy, using his gift Sandy Koufax and the late Don Drysdale, AND FALLS FOR NOTHING of writing combined with a pleasant who inadvertently ushered him into the but persistent demeanor, helped to major leagues with their dual contract hold- (By Tony White) break down these barriers thereby en- out in 1966, then guided him through his first There’s an old saying that goes: ‘‘If you riching immeasurably the quality and season. He thanked the late Dodgers man- don’t stand for something, you’ll fall for equality of our revered ‘‘National Pas- ager Walter Alston, who took a chance on anything.’’ Sam Lacy has literally made a him in his youth, and former Angels man- career out of taking stands. time.’’ ager Gene Mauch, who stuck with him in the Over the course of his writing career that It is a tribute to the talent and deter- latter stages of his career. spans seven decades, Mr. Lacy has taken one mination of Sam Lacy and that of But he saved the most credit for his even- stand after another. Some were popular, oth- baseball pioneers Jackie Robinson and tual Hall of Fame induction for longtime ers met staunch opposition. As a tribute to October 9, 1998 CONGRESSIONAL RECORD — SENATE S12219 an historic stand he took against baseball’s Lacy stood his ground. excellence. As Fontbonne moves to- segregated major leagues almost 60 years As Mr. Robinson and Mr. Doby began to ex- ward the 21st century, it is looking to ago, Mr. Lacy stood at the podium in Coop- perience success in the majors, Negro League continue the ministry of higher edu- erstown, N.Y., July 26, where he was offi- attendance begin to fall off. Some players cially inducted to the Baseball Hall of Fame. and club owners blamed Mr. Lacy for their cation begun by the sisters of St. Jo- As the 49th recipient of the J.G. Taylor misfortune. seph of Carondelet. Spink Award, a picture of Mr. Lacy will hang Meanwhile, Mr. Doby, Mr. Robinson and Fontbonne’s history goes back to in the baseball writers’ wing of the Baseball Mr. Lacy caught hell in the White baseball seventeenth century France, the begin- Hall of Fame Museum but the picture would world. Fans jeered Mr. Robinson and Mr. ning of the Sisters of St. Joseph. In have to speak more than a thousand words to Doby and players tried to injure them. Lacy LePuy, France in 1647, six women tell his story. was barred from press boxes and they all under the direction of Jesuit priest Fa- Mr. Lacy has garnered a reputation as a were barred from fields in certain states. ther Jean Pierre Medaille were brought writer of integrity and principle, willing to With criticism coming from White and Black make a sacrifice for another’s cause. Even as quarters and players, Lacy was catching it together to dedicate their lives to the he accepted the Spink Award, his mind was from all directions. spiritual and material needs of the peo- on the family members, numerous friends The stand he took on behalf of Black inclu- ple. The order was publicly recognized and supporters who had made the trip to up- sion in major league baseball, was misunder- as the Sisters of St. Joseph on October state New York, to witness his moment of stood and had turned some his fellow African 15, 1650. glory. In his acceptance speech, the 94-year- Americans bitterly against him. Around 1778, Jeanne Fontbonne en- old deflected attention from himself toward ‘‘They were a little resentful. They saw the tered the congregation, received the the Black press. deterioration of their (Negro League) attend- ‘‘It was a very pleasant experience because ance. Black newspapers were easing off cov- name of Sister St. John Fontbonne, of the recognition it gave the Black press,’’ erage of the Negro Leagues and the (Black) and later became the Mother Superior said Mr. Lacy. ‘‘The response I got from stars in the majors were getting the press,’’ at Monistrol. With the violence of the friends was tremendous. There were about said Mr. Lacy. French Revolution, the sisters were 50–60 people who were in Cooperstown last ‘‘At the time you had to wonder why they forced to disband. Several were impris- weekend, who would not have been there would be jealous of their former teammates. oned and executed. After the death of otherwise.’’ If they (Robinson and Doby) go up and are Robespierre, the day before Mother St. Along with late Pittsburgh Courier writer successful, why couldn’t they (other Negro Wendell Smith, Mr. Lacy is credited with fa- League players) just follow them?’’ John was to be executed, she was re- cilitating the integration of the league that At Sunday’s induction ceremony, Mr. Lacy leased and asked to reform the con- showcased America’s favorite pass-time. Mr. took a tumble on the way to the podium, gregation. In 1807, 12 women celebrated Smith, however, joined in a fight that Mr. then in classic fashion, rose to the occasion the rebirth of the Sisters of St. Joseph. Lacy had picked with the majors late in the to make a poignant speech. Those gathered Bishop Joseph Rosati of St. Louis 1930s. Feisty and unabashed, the Washington showed they understood and appreciated Mr. asked Mother St. John to send sisters D.C. native began a writing campaign that Lacy’s stand for multicultural baseball. drew the nation’s attention to the separat- to the area to teach the deaf. Six sis- They gave him one standing ovation, then ters set sail for America and estab- ism practiced in the league, which earned stood and gave him another. him significant sayso when the time came lished its current home in Carondelet, for skin color to take a back seat to talent. HALL OF FAME LACY on the southern border of St. Louis. A A decade after Mr. Lacy had written his There seems to be no end to the forms of log cabin built on a bluff overlooking first column criticizing the segregated ma- recognitions being conveyed upon Sam Lacy, the Mississippi River became the ‘‘cra- jors, Jackie Robinson took the field as a our illustrious sports editor. There is, how- dle of the congregation of the Sisters of Brooklyn Dodger. Though now highly ac- ever, no denying that his recent induction claimed, the break through was not painless St. Joseph of Carondelet.’’ into the Baseball Hall of Fame at Coopers- for Mr. Lacy. The sisters opened a day school in The suggestion of integration coupled with town, N.Y. must rank among Mr. Lacy’s the area, a school for deaf and a girl’s the agitation of Mr. Lacy’s writing, drew the highest honors. There have been many expressions of ado- high school. With these successes, the ire of White baseball club owners. When he ration used to described Mr. Lacy’s invalu- sisters discussed a new twentieth cen- approached Washington Nationals’ owner able contributions to baseball and sports. tury idea—higher education of women. Clark Griffith about hiring Black players for Fontbonne College was chartered on his team, the club executive told Mr. Lacy The one which seems most often repeated re- integrating the majors would kill the insti- lates to Mr. Lacy’s persistance in reminding April 17, 1917, but the entrance of the tution of Negro Baseball. major league baseball of the atrocity it was United States in World War I in that ‘‘I told him Negro Baseball may have been committing by continuously excluding Afri- year precluded the beginning of classes. an institution but it was also a symbol of can-American athletes. Construction at the Clayton location segregation. The sacrifice would be worth There seem to be a fair number of African Americans who have been enshrined at the started in 1924. The first Fontbonne it,’’ said Mr. Lacy. class began in 1923 at St. Joseph’s That position was less than popular with Hall of Fame in Cooperstown. Most of them Black baseball club owners. Mr. Lacy, as participated in baseball well after Mr. Lacy’s Academy. New buildings were ready for usual held his ground but things didn’t get efforts helped break down the barriers to the fall term of 1925. On June 18, 1927, any easier. The selection of Mr. Robinson as Jackie Robinson being admitted into the ‘big Fontbonne conferred its first bachelor the first Black player to compete in the leagues.’ of arts degree on eight women. major leagues was not based totally upon The importance of Mr. Lacy’s contribution Since its beginnings in 1923, skill. Mr. Lacy, Mr. Smith and Brooklyn has not diminished one bit as demonstrated Fontbonne has changed with and been Dodgers owner Branch Rickey knew the in Cooperstown last weekend, when the ‘ole timers’ all stepped back to give Mr. Lacy his ahead of the times, but has also kept player chosen would have to be composed its identity. Fontbonne admitted Afri- enough to endure the racist flack that would long overdue recognition. For a brief mo- be heaped upon him. ment, everyone remembered what it was like can American students in 1947, eight Fittingly, Larry Body, a player whom Mr. in the old days and in the process applauded years before the Supreme Court’s Lacy had also considered along with Mr. Mr. Lacy’s contribution to making it better. school desegregation decision. Male Robinson, was also inducted during Sunday’s A bigger job now appears to loom in get- students were admitted in selective ceremony. Mr. Doby was the first Black to ting the current major league stars to re- majors in 1971, then in 1974 all classes play in the American League. He acknowl- member that their arrival in the bright lights of today’s big leagues is due to the ef- were opened to men and women. In the edged the significance of following Mr. Rob- 1980s, Fontbonne created degree pro- inson into the big leagues. forts of the ‘ole guard,’ which now forever in- ‘‘We proved that Black and Whites could cludes our Sam Lacy.∑ grams with flexible scheduling to meet work together, play together, live together f the needs of working students. Now and be successful,’’ said Mr. Doby, who Fontbonne has its first male president. played for the Newark Eagles of the Negro TRIBUTE TO FONTBONNE COLLEGE Today Fontbonne is deeply rooted in Leagues. ON ITS 75TH ANNIVERSARY the tradition and values—quality, re- There were other Negro League players ∑ Mr. BOND. Mr. President, I rise spect, diversity, community, justice, who felt they should have been chosen before today to pay tribute to Fontbonne Col- service, faith and Catholic presence—of Mr. Robinson and Mr. Doby. Pitching sensa- tion Satchel Paige, slugger Josh ‘‘The Big lege in St. Louis, Missouri. On October the Sisters of St. Joseph of Carondelet. Man’’ Gibson, Buck Leonard, who was known 15, 1998, Fontbonne College will cele- I commend Fontbonne College staff as the ‘‘Black Lou Gehrig’’, Oscar Charleston brate its 75th anniversary. and students for their dedication and and Sam Bankhead were some of the players Fontbonne has served more than perseverance throughout the college’s many felt should have been moved up first. 10,000 graduates in pursuit of academic many years of existence and hope they S12220 CONGRESSIONAL RECORD — SENATE October 9, 1998 continue to enrich the St. Louis com- a uniform standard with regard to the states that have adopted no-fault in- munity for years to come.∑ tax treatment of out-of-state corpora- surance programs similar to those in f tions. The results of P.L. 86–272 was an this legislation have had the highest increase in litigation and a decrease in premiums in the country. In fact, in INTERNET TAX FREEDOM ACT state and local tax revenue. This prece- 1995, 6 out of the 10 states with the ∑ Mr. CLELAND. Mr. President, the dent explains state and local leaders’ highest average liability premiums Internet, as an growing form of com- skepticism about a temporary Internet were no-fault systems. In light of the munication, commerce, and informa- tax moratorium. It is my hope that failure of auto choice to lower pre- tion exchange, is a powerful medium when the three year moratorium ex- mium costs, I cannot understand why for all who are able to take advantage pires, Congress will not extend the we are seeking to put such a system of the opportunities it presents. The moratorium. The experience of P.L. 86– into place across the country. initial version of S. 442, the Internet 272 does not need to be repeated. I am also greatly troubled by the fact Tax Freedom Act, would, in my opin- I fear that a continuation of the mor- that this bill involves an attempt by ion, have provided this already power- atorium would tilt the scales heavily the federal government to impose a ful tool with even more competitive in favor electronic commerce at the ex- one-size-fits-all solution on the states. advantages. Frankly, I believed that pense of local ‘‘Main Street’’ busi- While I recognize that some reforms the original version was too one-sided nesses. Internet sales should not re- are necessary, I do not believe that fed- in aiding Internet-based businesses at ceive any privileges that are not avail- eralizing our tort system, is, or should the expense of other interests. How- able to other forms of commerce. Busi- be the solution. ever, I was very pleased with the will- ness competitors of Internet-based For more than 200 years, states have ingness of the authors of this bill to ad- firms should not have to experience had the power to develop and refine dress the concerns raised by state and such legalized discrimination. their own tort systems. Supreme Court local governments as well as ‘‘Main Although the use of computers will Justice Powell wisely observed: ‘‘Our 50 Street’’ business owners in such a way certainly continue to grow, there will states have developed a complicated that I was able to support the final bill. always be consumers who will not have and effective system of tort laws and The final version of S. 442 contains access to the Internet. If attempts are where there have been problems, the several positive features. Among those made to extend the three year morato- states have acted to fix those prob- is the inclusion of the Hutchinson rium, Congress will, in effect, be offer- lems.’’ Mr. President, federally di- amendment, which will allow the Com- ing a tax break to those who can afford rected reform efforts such as those con- mission created by S. 442 to examine a computer and Internet access to the tained in S. 625 detract from the states’ the impact of all types of remote sales. detriment of those who cannot. abilities to fashion their own initia- Every year states lose billions of dol- I wanted to take this opportunity to tives and deny them the opportunity to lars in revenue from remote sales, most applaud the efforts that have been provide solutions to meet their own recently via the Internet but also in made to address this rapidly emerging particularized needs. catalog sales. The Hutchinson amend- form of trade, and I believe that the Furthermore, I am troubled by the ment, which is faithful to the rec- compromise version of S. 442 is an ap- fact that this bill allows people to ommendation of the Finance Commit- propriate balance that will give the waive their right to recover for non- tee, makes a proper and relevant ex- Commission time to make a rec- economic damages. Mr. President, such pansion of the mandate of the Commis- ommendation while not greatly inter- a provision could lead to a lifetime of sion. fering with interstate commerce. How- pain and suffering for those who suffer Not all states and municipalities ever, I urge caution by my colleagues, massive injury in a car accident. In have imposed taxes on the Internet. when we revisit this issue in three fact, that possibility is so high, no However, those that have should not years, that in our zeal to encourage the state, not one, allows its citizens to have their Constitutional right to im- growth of the Internet and all the choose to waive their right of recovery pose these taxes stripped away by Con- promise it offers we should not com- for pain and suffering. gress. The grandfathering of existing promise the needs of our states, cities, Consider the fact that in all likeli- taxes on electronic commerce con- towns, and local merchants. I pledge hood people would ‘‘choose’’ to waive tained in the final version of S. 442, is my efforts to achieve that goal.∑ these rights when they are sitting in consistent with our federalist system f their den, filling out their insurance and balances the needs of interstate forms. Mr. President, I would argue commerce with the proper role of AUTO CHOICE REFORM ACT that the timing of such a choice pre- states and municipalities. ∑ Mr. SHELBY. Mr. President, while I cludes the possibility of informed con- Although these and other positive know that the Senate will not take up sent on the part of the consumer. No provisions in S. 442 allowed me to sup- consideration of S. 625, The Auto one can predict the future, people can- port the overall bill, I am hopeful that Choice Reform Act of 1997, during the not say whether they will need to pur- the initial concerns I had with S. 442 105th Congress, I wanted to put my sue recovery for some accident. I pre- will not arise again when the three views regarding this legislation on the dict that, many of those who so choose year moratorium established by the record. will one day find that they guessed bill expires. The purpose of this tem- S. 625 creates a federally mandated wrong. Mr. President, checking off a porary moratorium is to allow govern- two-tracked automobile insurance sys- box on a form could forever cost some- ment and industry representatives tem under which car owners would one the ability to seek damages for loss time to work together to decide the have the option to enroll in a ‘‘personal of a limb, blindness, loss of a child or rules for electronic commerce. How- protection system’’ or the traditional permanent disfigurement. This legisla- ever, S. 442 offers no guarantee that ‘‘tort maintenance system.’’ Those who tion does not provide a choice, it opens the moratorium will not be extended select the personal protection system people up to take an unnecessary after the three year period. I supported are promised ‘‘prompt recovery’’ of chance. Senator GRAHAM’s amendment that economic loss, regardless of fault. How- This legislation contains another would have required a super majority ever, they forfeit the right to recover flaw in that it does not fully protect to extend the moratorium, but unfortu- damages for pain and suffering while the rights of those who choose tradi- nately, it was defeated. being exempted from liability for such tional tort protection. Someone who There is a precedent of another ‘‘tem- damages themselves. chooses tort law coverage can only porary’’ moratorium that never ex- I have some strong concerns regard- seek complete access to the courts if pired. In 1959, Congress enacted Public ing this type of so-called ‘‘reform’’ leg- the at-fault driver has also selected Law 86–272, which limited state cor- islation. traditional tort law coverage. Thus, a porate income tax collection on out-of- First and foremost, I believe that the victim in an accident has to hope to be state corporations. Like the goal of the argument that ‘‘Auto Choice’’ will re- lucky enough that the person that hits Commission created by S. 442, a mora- duce insurance premiums is unfounded. him has selected the ‘‘right’’ type of torium was imposed to try to negotiate Over the last few years, the numerous coverage. Again, what appear to be October 9, 1998 CONGRESSIONAL RECORD — SENATE S12221 ‘‘choices’’ in this bill are in effect risky to eliminate their backlogs and move resenting the agencies in abuse and ne- chances. children more efficiently and safely glect cases. The Act also extends the Mr. President, if we revisit this issue through the court system. In West Vir- federal reimbursement for training in the future, I believe we must closely ginia, Supreme Court Justice Margaret currently provided to agency rep- consider these factors. Ultimately, we Workman and a dedicated group of resentatives to judges, court personnel, must also note that we cannot advance judges and attorneys have developed a law enforcement representatives, reform without taking our federal sys- comprehensive plan to increase the ac- guardians-ad-litem, and the other at- tem into consideration. What is right countability and efficient administra- torneys who practice in abuse and ne- in Alabama, may not be proper for tion of abuse and neglect cases. In Cin- glect proceedings. For the first time, California, or North Dakota or Con- cinnati, Ohio, Judge Grossman’s abuse such reimbursement would help fund necticut. States must play the pre- and neglect courts have implemented specialized cross-trainings between eminent role in setting the course for state-of-the-art computer tracking sys- agency and court personnel and tort law reform. Common sense de- tems which help them smooth the legal trainings that focus on vital subjects mands it, our legal traditions demand paths of children in foster care. such as new research on child develop- it, and our Constitution demands it.∑ The purpose of the Strengthening ment. f Abuse and Neglect Courts Act is to In addition to the judges, guardians- help remove the burdens on an even THE STRENGTHENING ABUSE AND ad-litem and attorneys in the abuse greater number of abuse and neglect NEGLECT COURTS ACT and neglect courts, volunteers for the courts by increasing their administra- Court-Appointed Special Advocate Mr. ROCKEFELLER. Mr. President, I ∑ tive efficiency and effectiveness. The (CASA) Program also play a key role in rise today to join Mr. DEWINE in his in- bill establishes a program which will helping abused and neglected children troduction of the Strengthening Abuse provide grants to state and local courts in the court system. CASA volunteers and Neglect Courts Act. I would like to for the creation and implementation of are the eyes and the ears of the courts, thank Mr. DEWINE of this leadership on computerized casetracking systems, spending time with abused and ne- this bill, another example of his ongo- similar to the one that has seen such glected children, interviewing the ing commitment to our Nation’s most incredible success in Ohio. Through the adults involved in their lives, and help- vulnerable children and families. I establishment of such systems, courts would also like to thank my good ing to give judges a better understand- are able to more easily track how long ing of the needs of each individual friends Ms. LANDRIEU and Mr. CHAFEE a child spends in foster care and the for their support of and input on this child. Despite the incredible success of status of their cases. Such easy-to-ac- the CASA programs, thousands of legislation. cess information will allow courts to Last year at this time, Congress abused and neglected children do not move children more quickly and effi- passed and President Clinton signed have the benefit of CASA representa- ciently through the foster care system into law the Adoption and Safe Fami- tion. The Strengthening Abuse and Ne- and into adoptive homes and other per- lies Act, the most sweeping piece of glect Courts Act provides CASA with a manent placements. This grant pro- child welfare legislation in more than $5 million grant to expand its programs two decades. For the first time, this gram will also enable state and local into under-served areas and to improve law establishes that a child’s health courts to design and use similar com- its ability to recruit, train and super- and safety must be the paramount con- puter systems and to allow for the rep- vise volunteers in already existing pro- sideration when any decision is made lication of similar models in other ju- grams. regarding a child in the abuse and ne- risdictions. The technical assistance When we talk about child welfare in glect system. The law promotes stabil- provision in this bill provides addi- this country, abuse and neglect courts ity and permanence for abused and ne- tional funds to aid these courts in the are too often left out of the discussion. glected children by requiring timely design and implementation of their This is an unacceptable mistake, since decision-making in proceedings to de- new computer programs. our courts play a central role in the termine whether children can safely re- Throughout the debate on the Adop- well-being of our nation’s abused and turn to their families or whether they tion and Safe Families Act, we heard neglected children. I am confident that should be moved into safe and stable from dozens of judges who said that the the Strengthening Abuse and Neglect adoptive homes. More specifically, the biggest problems facing their courts Courts Act will be valuable first step in law requires a State to move to termi- was the overwhelming backlog of abuse making these courts stronger and more nate the parental right of any parent and neglect cases. Without creative efficient than ever, and I ask my col- whose child has been in foster care for ways to eliminate such backlogs, the leagues to join us in this important ef- 15 out of the last 22 months. While es- judges argued, new cases will never fort.∑ sential to protect children, these accel- move smoothly through the court sys- f erated time lines increase the pressure tem. That is why this bill also author- izes a grant program to provide State RECOGNITION OF MS. VERONICA on the Nation’s already overburdened CALVILLO abuse and neglect courts. courts with the funds they need to Our courts play a vital role in the eliminate current backlogs once and ∑ Mr. GORTON. Mr. President, I speak Nation’s abuse and neglect system. for all. For some courts, that might in- today in recognition of a young woman Through my discussions with judges in volve the temporary hiring of an addi- from my home state of Washington, my state of West Virginia and across tional judge, a temporary extension of Ms. Veronica Calvillo. Ms. Calvillo, a the country, I have learned that abuse court hours, or restructuring the duties sophomore at Seattle University, is the and neglect judges make some of the of court personnel. This program will recipient of a scholarship from the His- most difficult decisions made by any provide grants to those court projects panic College Fund. While I did not members of the judiciary. Adjudica- that will result in the effective and have the good fortune of attending the tions of abuse and neglect, termi- rapid elimination of current backlogs recent awards dinner at which Ms. nations of parental rights, approval of to smooth the way for a more efficient Calvillo spoke, I have heard from many adoptions, and life-changing deter- courts in the future. who did attend that she made a re- minations are not made without care- The Strengthening the Abuse and Ne- markable impression. After reading the ful and sometimes painful deliberation. glect Courts also recognizes the need to remarks she made at that dinner, I can Despite the courts’ commitment to the improve training, continuing education certainly understand why. Through her fair and efficient administration of jus- opportunities, and model practice remarks, Ms. Calvillo shows herself to tice in these cases, staggering in- standards for judges, attorneys and be an intelligent, mature and centered creases in the number of children in other court personnel who work in the young woman. Ms. Calvillo and her the abuse and neglect system, have abuse and neglect courts. More specifi- family are truly an example of what is placed a tremendous burden on our cally, the bill requires that abuse and best about America. I ask that Ms. abuse and neglect courts. neglect agencies design and encourage Calvillo’s remarks be printed in the Many abuse and neglect courts have the implementation of ‘‘best practice’’ CONGRESSIONAL RECORD. found creative and effective new ways standards for those attorneys rep- The remarks follow. S12222 CONGRESSIONAL RECORD — SENATE October 9, 1998

REMARKS BY VERONICA CALVILLO barely utter the English language. They year at Seattle University, my first cousin, [Veronica Calvillo is a sophomore majoring were migrant workers in California and Aida Calvillo (whom worked alongside my in business and engineering at Seattle Uni- Washington. My older siblings vividly re- sister, Lorena, in the fields with her par- versity] member their childhood when they, too, had ents), in 1996 graduated from the University Good Evening, I am very honored to have to work in the fields, alongside my parents. of Washington medical school, and the list been selected as a scholarship recipient by When my parents first arrived in America, continues as more Calvillos are graduating the Hispanic College Fund. I am especially they made a pact with each other that the from college. This is my second week attend- pleased to have been asked to speak on be- life they lived was not going to be the des- ing Seattle University and I am relishing half of this year’s scholarship recipients. tiny of their children. They had arrived in every moment of it. I wish to begin by thanking American Air- the ‘‘land of opportunity,’’ and they would do My sister utilized her education for others, lines for making it possible for ten of us to anything to give their children the best edu- and preached to her younger siblings the im- travel from various parts of the country to cation available to them. portance of a higher education. She told me be here tonight. I also wish to express my This is exactly what they did. My Dad my junior year of high school, as I was con- gratitude and appreciation to all the individ- eventually obtained a job as a welder and my templating college, ‘‘Veronica, you can’t de- uals and companies, in particular Eddie Mom as a motel housekeeper. Although to- termine what you are born into, but you can Bauer, for making our scholarships possible. gether they averaged a meager income, they determine what you will become with the This support will enable me and the other re- were able to send all five of my siblings and leadership skills our parents gave us.’’ I took cipients to begin or continue our pursuit of me to private schools. I know this seems un- her advice and have kept, and will keep, a higher education. imaginably hard to do, but my family suc- moving forward until I become what I have This evening, I would like to share with ceeded because of my parents’ immense faith determined I will become: a successful His- you my story, a little piece of history about in God, family, and in this country. My sib- panic business leader. who I am and why it means so much to me lings and I obtained jobs at young ages so we With the help of the Hispanic College Fund that I am here standing on this podium as a could help out financially; we understood Board of Trustees and the generous financial scholarship recipient. The best place for me and accepted why we couldn’t go see a movie support of Eddie Bauer, I am on my way. to begin is by telling you what I do almost on weekends, or why in winter we would dou- Once again, thank you and good evening.∑ every weekend. ble layer our clothes and sleep with our jack- f Every weekend when I drive to the city ets on. Yes, we were poor, but I never really where I grew up, I feel like the most privi- knew my family was poor until I went to WHITE HOUSE’S CEREMONY HON- leged Hispanic on the planet. Why do I feel Bellarmine Prep. High School and visited my ORING EIGHT NEW YORK CITY this way? Well, every weekend I am able to friends elegant homes and saw how they POLICE OFFICERS FOR BEING lived. However, I still never felt the negative witness two individuals that optimize His- AMONG THE NATION’S TOP COPS panic Business Leadership and I am able to associations that are usually paired with learn from them firsthand. You are probably being poor. I was happy, because God gave ∑ Mr. MOYNIHAN. Mr. President, wondering who these people are. The two me more blessings than money could ever today this nation takes time to honor Hispanic leaders have no education, not even give me. God gave me two extraordinary par- the deeds of some of our bravest public elementary education, and they live in a ents who instilled Christian morals in their servants, the men and women who children and taught us how to live with in- low-income neighborhood—they are my par- make up this country’s federal, state, ents, Angel and Lupe Calvillo are their tegrity and dignity in the eyes of God. Be- names, and in my opinion they are the two cause God is guiding my family, He made our and local law enforcement agencies and most successful Hispanic business leaders. I experiences make my family strong and departments. These officers are the base this opinion on the description of what united—truly engulfed in love for one an- guardians of our safety, the protectors I believe ‘‘Hispanic Business Leadership’’ is. other. of our hearths and homes. Often in I believe that a Hispanic leader in business My parents worked hard, harder than any harm’s way, they are the ever-vigilant should have the characteristics that are human being should ever have to. They have heroes of our communities, towns and common in the mother and father family fig- gone without, so that we wouldn’t . . . the cities. most unselfish human act possible . . . and ures in Hispanic families. I believe this be- These words particularly ring true cause running a business is like managing a this is why under all my extreme cir- big family, where the children are the em- cumstances I prevail. Looking at my father’s when they are applied to the eight New ployees and you are there to manage them leathered hands alone send me soaring. Now York City Police Department officers into becoming successful individuals for it is my turn to help them. I have respon- who are among those honored here their benefit as well as the family, which is sibilities after school that few others have. I today. In July 1997, Officers Joseph a sort of business. My parents were ex- must fill out forms, pay bills, send letters, Dolan, Michael Keenan, David Marinez, tremely successful in managing their chil- read letters, make phone calls for appoint- Mario Zorovic, Sergeant John English, dren, or their ‘‘employees,’’ into becoming ments, go to appointments to translate and Jr., Lieutenant Owen McCaffrey, Dep- much more. I do all of this for my parents successful individuals. How, you may ask? uty Inspector Raymond McDermott, First of all, I don’t think many could argue because they do not speak English, read or that Hispanic parents, with their strict and write. Sometimes, I feel like I am the par- and Captain Ralph Pascullo prevented religious way of raising their families, are ent. It is frustrating at times when I have a two men from attempting to blow up a the most successful at running any kind of test to study for, but can’t because I have to portion of New York City’s subway sys- family. This is why many Hispanic busi- translate for my parents somewhere, at some tem with homemade pipe bombs. nesses that are family owned, for instance meeting, or appointment, etc. However, I do These eight officers spearheaded a the explosion of family restaurants, are so it because I love them and like I mentioned team that entered the apartment successful. The Hispanic businesses are man- before, I know their hands are thick and where these two men lived. Once in- knotted because of the lifetime of work they aged with the same leadership skills that my side, the officers disabled these men parents had as they were raising their chil- have done for their children. This is why I dren. The skills my parents embody and that am going to college—to further my edu- and recovered four unexploded pipe they taught me, in preparation for becoming cation and make myself and my parents bombs. Their bravery and professional- successful, are summed up in three words; in- proud. I have concluded that all of my par- ism undoubtedly saved countless lives tegrity, dignity and faith. Integrity—doing ents’ dreams and hopes live in their children. and prevented a bloody catastrophs. what you say you’re going to do, Dignity— When we succeed, they have succeeded. I am extremely proud of these men meaning your daily actions should bring My parents’ hard work and the values they and take great pride in calling them honor and humility, and Faith—having loy- instilled in us started to pay-off with my eld- New York City’s finest.∑ alty to God’s teachings and confidence in est sister—Lorena. She was the first person God’s plan for you. Three characteristics in my family to even attempt to go to col- f needed to be a successful business leader in lege. She left my parents’ home with just her any community, whether it be Hispanic or clothes and my parents’ blessing. She even- COMMENDING JUDY LEWIS not. tually graduated from Seattle University. I ∑ Mr. COCHRAN. Mr. President, I bring My parent’s climb to success with their will never forget how my parents felt when to the Senate’s attention that October own family happened because they are living they heard my sister’s name called out at 16 is World Food Day. As the largest every day those three characteristics they the graduation. They cried and my Dad international food aid organization in taught my brothers, sisters and me. cheered wildly, this is something he rarely My parents came to America in 1963 with does. It had been a struggle for her, but fi- the world, the United Nations World hopes of a better future for themselves and nally a Calvillo made it. My sister also set Food Program feeds 52.9 million people their children. They have no education what- an example for the rest of the family. My in 84 countries and deserves special rec- soever and to this day, many years later, twenty-one year old brother is in his second ognition. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12223 Millions of people have survived civil ly, who are the most vulnerable to the and then you can distort them as much unrest, famine and other disasters be- effects of NOX emissions. as you please.’’ There has been some cause of a project called Food-for-Life For these reasons, I hope that all distortion and misinformation about which makes emergency operations the Members of the Senate and their staff my bill, the Drug Currency Forfeitures primary focus of the World Food Pro- will take some time to read the copy of Act, and I appreciate the opportunity gram. Other projects include Food-for- the RENOX ’98 proceedings that was to discuss the facts. Work which uses food as a tool to en- mailed to each office last week. After First of all, the purpose of my bill is courage people to work within their reading it, I believe you will see the ur- to dismantle the fortunes of drug traf- communities in order to become self gency of this issue. I know the fickers by helping law enforcement reliant and Food-for-Growth which dis- Gunnerman Foundation, the lead spon- seize their drug profits. It is all about tributes food aid at schools, clinics and sor of RENOX ’98 intends to aggres- confiscating the money of drug dealers, hospitals to help children and pregnant sively pursue legislation and policy drug traffickers, and drug kingpins. It women. changes that will make NOX emissions is NOT about seizing the money of in- I am proud to say that Judy Lewis, a reductions a higher national priority. nocent, law-abiding citizens, as some native of Scott County, Mississippi, Dr. Jack Gibbons, formerly Science Ad- have charged. Confiscating the money and past Director of Organization of visory to the President and one of the of innocent citizens violates the my 1978 campaign staff, has been keynote speakers and RENOX ’98, said: Fourth Amendment of the Constitu- named the World Food Program’s ‘‘We must move the NOX problem, tion, and I would oppose such an at- Country Director for Ethiopia. Since which has languished, toward the front tempt with every effort at my com- 1992, Ms. Lewis has many times en- of the line.’’ mand. That is why this legislation in- dured dangerous conditions to partici- This is an issue worthy of our atten- cludes constitutional safeguards which pate first-hand in helping to bring food tion and I urge you to give it a closer protect innocent Americans against il- to starving people whose lives were look.∑ legal searches and seizures. threatened by natural disasters or f Mr. President, let me tell you why I armed conflicts. She has played a key NATIONAL DAY FOR THE introduced my bill. There have been a role in many of the World Food Pro- REPUBLIC OF CHINA ON TAIWAN recent series of court cases which have handed down some very disturbing ver- gram’s biggest emergency and develop- Mr. MURKOWSKI. Mr. President, as ∑ dicts. In each case, despite overwhelm- ment projects around the world in Americans prepare to celebrate Colum- ing evidence to the contrary, the court places like Kenya, Rwanda, Tanzania, bus Day, I notice that there are other ruled against seizing the assets of drug and Somalia. As Country Director for celebrations going on around Washing- traffickers—one of our most effective Ethiopia, Ms. Lewis will be managing a ton, including ‘‘National Day’’ celebra- weapons in the war against drugs. Let $30 million emergency and develop- tions in Chinatown. October 10, 1998 me give you just one example. ment operation aiming to help over marks the 87th anniversary of the 800,000 people, focusing on refugees, A traveler was stopped in an airport founding of modern China. This is a carrying almost $14,000 in cash. A famine relief and urban poverty. very special day for Chinese people trained drug dog responded positively I commend Ms. Lewis for her around the world, and especially in to the presence of drugs on the money. strength and diligence. And I congratu- Taiwan where October 10 is celebrated When asked for an explanation, the late the World Food Program for all of as National Day in the Republic of drug courier produced a fake ID and its good work.∑ China on Taiwan. f Dr. Sun Yat-sen is the father of mod- lied about the money’s source. He also ern China, and is widely regarded and had a previous drug arrest on his RENOX ’98 revered both in mainland China and in record. Yet despite the evidence, the Mr. REID. Mr. President, I am ∑ Taiwan. On October 10, 1911, Dr. Sun’s court gave the money back to the traf- pleased to announce today the release Revolutionary Alliance succeeded in ficker. Why? The court ruled there was of findings from an important environ- putting an end to imperial rule in sufficient evidence to show that the mental conference held in my home China, a date which also marked the money came from some kind of crimi- State this summer. RENOX ’98 gathered formal planting of the seeds of democ- nal activity. But the court held there together experts from across the coun- racy which continue to flourish in Tai- was insufficient evidence to prove that try to focus on the issue of oxides of ni- wan today. the crime was drug trafficking. United trogen (NOX) pollution. NOX is a haz- People often speculate as to the real States v. $13,570.00 in U.S. Currency, ardous pollutant that is produced pri- reasons for the ‘‘Taiwan Miracle’’ and 1997 WL 722947 (E.D. La. 1997). marily by internal combustion engines how Taiwan continues to defy the odds Every year drug sales in this country and power generation boilers and fur- today; how this island nation continues generate $60 billion in drug profits. naces. to expand economically when nations Every day drug couriers move huge In 1996, more than 23 million tons of all around her are at an economic quantities of this multi-billion-dollar NOX were released into the atmosphere standstill or contracting; and they pot out of the U.S. in loads big enough in the U.S. alone. NOX is a key compo- speculate as to how Taiwan not only to fill suitcases, trucks, and even air- nent in the formation of ground-level survives politically, but how she has planes. This movement of drug king- ozone and urban smog. The health ef- evolved into such a strong democracy pins’ cash crop is the most vulnerable fects of ground-level ozone are well- despite the pressures by the People’s part of their drug operation. Yet cur- documented. It contributes to res- Republic of China (PRC) to isolate her rent law allows the drug trafficker and piratory diseases that cause premature from the international community. his couriers to say nothing at all when death. It is harmful to children who While there is no easy answer to this their money is seized. That’s right, Mr. play actively outdoors and damages ag- question, Taiwan is a flourishing and President. Under the law, the drug ricultural crops and natural vegeta- successful society in every sense of the trafficker is obliged to give no expla- tion. word, and is a source of optimism in an nation at all as to where his money RENOX ’98 explored all of these ef- increasingly uncertain world. In this came from. If the government can only fects and identified strategies and solu- light, it gives me particularly great show that the money was involved in a tion for the control of NOX pollution. pleasure to wish everyone on Taiwan, crime—but can’t show that it was a The U.S. Environmental Protection and Chinese people around the world, a drug crime—the drug dealer gets his Agency has some NOX reduction pro- very special October 10 National Day. money back. grams under way in both the transpor- And so to all of you, congratulations.∑ My legislation proposes a presump- tation and power generation sectors. f tion that the money is drug proceeds if However, one of the messages of certain clearly defined circumstances THE DRUG CURRENCY RENOX ’98 is that more needs to be are present—circumstances which typi- done and it needs to be done more FORFEITURES ACT cally are found in drug trafficking quickly if we are to make our cities ∑ Mr. CLELAND. Mr. President, Mark cases: the presence of drugs or drug more livable for children and the elder- Twain once said, ‘‘Get your facts first, residue; a positive alert by a properly S12224 CONGRESSIONAL RECORD — SENATE October 9, 1998 trained dog; packaging of the money in cases, no one files a claim. To my crit- 5,250 contested cases, the U.S. Attorney a suspicious and highly unusual man- ics, let me repeat: In 85 percent of the declined to prosecute 3,057. Of the 2,193 ner; false statements made to the po- cases, the individual never contests the complaints filed, the government lost lice; previous drug trafficking convic- seizure. in only 48 cases. These statistics are tions. If an individual does file a claim, the similar for the prior three years. There Let me take just a moment, Mr. agency which has seized the money is therefore little evidence of actual President, to answer those critics who must refer the case to the United abuses of drug asset forfeitures in the discount the positive alert by a prop- States Attorney, who then makes an past, and there is even less likelihood erly trained dog. These critics say that independent determination of the mer- of such abuses under the enhanced safe- so much of our currency is tainted with its of the case. If the U.S. Attorney guards in my proposal. drug residue that a positive dog alert is does not believe the government can In closing, let me state once again: meaningless. Yet these critics fail to establish that the money was drug pro- The Drug Currency Forfeitures Act take into account the scientific evi- ceeds, the case is rejected and the goes after drug money only. Drug traf- dence that shows that the drug dogs money is returned. On the other hand, ficking is a business, and drug traffick- are NOT alerting to the presence of co- if the U.S. Attorney believes the case ers are in this business for one reason— caine—which may or may not contami- has merit, he or she must file a civil money. Their multi-billion-dollar war nate a large fraction of all U.S. cur- forfeiture complaint in federal district chests allow drug lords to have some of rency. Instead, the scientific evidence court. The claimant is granted a cer- the world’s most sophisticated air- shows that the dogs are alerting to tain number of days to renew his claim planes, boats, and communications methyl benzoate, a highly volatile and file an answer to the government’s equipment. Because of their war chemical by-product of the cocaine complaint. chests, drug cartels possess weapons in manufacturing process that remains on The case is then litigated in the dis- quantities that rival the capabilities of the currency only for a short period of trict court. In each and every case, the some legitimate governments. If we time. The bottom line is that the dogs burden of proof is on the government. want to make our streets safer, if we are alerting only to money that has re- In each and every case, the government hope to make our children’s lives drug- cently, or just before packaging, been has the burden of establishing—to the free, it is not enough just to apprehend in close proximity to a significant satisfaction of the district court—that the drug trafficker. Throw the drug amount of cocaine. This research ex- there is probable cause to believe that kingpin in jail, and he continues his plains why these dogs do not routinely the money is drug money and therefore drug operations from behind prison alert to currency. subject to forfeiture. Only if the gov- walls. As evidence, just look at the To repeat: These clearly defined cir- ernment successfully overcomes this leaders of the most powerful inter- cumstances in my bill are safeguards hurdle is the case scheduled for a jury national organized crime group in his- to protect the innocent. More impor- trial where the claimant is required to tory—Colombia’s notorious Cali cartel. tant, my bill establishes only a pre- offer his explanation for the legitimate Even now, the Rodriguez-Orejuela sumption that the money is drug source of the money. If the jury ac- brothers are able to run their drug money. Individuals have every oppor- cepts this explanation, and the govern- trafficking business from prison tunity to rebut the government’s claim ment is unable to rebut it with admis- through the use of private quarters and and get their money back. Criminals, sible evidence, the claimant will pre- telephones. however, will no longer be able to play vail and will recover the money. Other- Critics of my proposal talk about the dumb and recover their drug money wise, the court will enter judgment for need to protect innocent victims. If we without having to provide an expla- the government and order the forfeit- want to talk about innocent victims, nation of where that money came from. ure of the money. look at the children who are being sold To those critics who maintain that Mr. President, the federal forfeiture drugs at increasingly younger ages. Mr. my bill violates the rights of innocent laws are carefully written to provide President, I’m proud to be the sponsor citizens, let me say loud and clear: My due process to the innocent and the of the Drug Currency Forfeitures Act. bill takes effect only AFTER a deter- guilty alike. My bill conforms to these It hits the drug cartels where it hurts mination has been made that the high standards while closing a legal the most—their wallets. The ability of money in question is from an illegal loophole that benefits only the guilty. law enforcement to confiscate drug source. This is how the process works. In the court cases which my bill ad- money hinges on the government’s A police officer or federal agent as- dresses, the cases are dismissed before ability to prove that the money is drug signed to an airport task force seizes the claimant ever has to go before a proceeds, and not the proceeds of some the money of a traveler based on jury to explain the source of the other form of unlawful activity. ‘‘probable cause.’’ The traveler, for ex- money. My bill addresses this problem My bill is endorsed by the Fraternal ample, has exhibited suspicious, by creating a presumption that if cer- Order of Police, the International Asso- counter-surveillance behavior, such as tain factors are present, the money is ciation of Chiefs of Police, the Inter- signaling to seemingly unrelated trav- drug proceeds, and thereby allows the national Brotherhood of Police Offi- elers who, in fact, are traveling with case to move forward to the next stage. cers, and the Federal Law Enforcement him. He has concealed a large quantity To those who have expressed concern Officers Association. The Drug Cur- of money in his carry-on bag along with the concept of rebuttable pre- rency Forfeitures Act closes a legal with odor-disguising items like fabric sumption, let me emphasize this fact: loophole that benefits only the guilty. softener sheets to throw off the drug The presumption does not lead inevi- At the same time, it upholds the Con- dog. He produces a fake ID and offers a tably to the forfeiture of the money. stitution’s Fourth Amendment, which false explanation for the money. Some- Its role is only to force the claimant to protects the innocent against unlawful one whose name he doesn’t remember come forward with an explanation for a searches and seizures. I worked very packed the bag, and he had no idea legitimate source of the money. There- closely with the Department of Justice there was any money in it. fore, my bill in no way infringes upon in crafting this legislation. It is a posi- Let me repeat: There must be prob- a property owner’s rights under law. tive—and needed—step forward, and at able cause for the government to seize To those who have expressed concern the appropriate time I urge my col- the money. Once the money is seized, over the possible impact of my bill, let leagues to support this measure.∑ notice of the seizure must be published me cite these facts. In fiscal year 1995— f in the newspaper on three successive a time period prior to most of the court weeks and direct notice must be given, decisions which have limited the use of SENATE QUARTERLY MAIL in writing, to the person from whom drug asset seizures—the FBI, the Drug COSTS—THIRD QUARTER the money was seized as well as to any Enforcement Administration, and the ∑ Mr. WARNER. Mr. President, in ac- other person known to have a potential Immigration and Naturalization Serv- cordance with section 318 of Public legal interest. The notice explains the ice made 35,000 seizures of forfeitable Law 101–510 as amended by Public Law procedure for filing a claim to the property. Of the 35,000 cases, more than 103–283, I am submitting the frank mail money. In 85 percent of all federal 85 percent were uncontested. Of the allocations made to each Senator from October 9, 1998 CONGRESSIONAL RECORD — SENATE S12225 the appropriation for official mail ex- RECORD. The third quarter of FY98 cov- as stipulated in Public Law 105–55, the penses and a summary tabulation of ers the period of April 1, 1998 through Legislative Branch Appropriations Act Senate mass mail costs for the third June 30, 1998. The official mail alloca- of 1998. quarter of FY98 to be printed in the tions are available for frank mail costs, The material follows: SENATE QUARTERLY MASS MAIL VOLUMES AND COSTS FOR THE QUARTER ENDING 06/30/98

FY98 Of- ficial Total Pieces Cost per Senators mail allo- pieces per cap- Total cost capita cation ita

Abraham ...... $112,359 850 0.00009 $217.88 $0.00002 Akaka ...... 34,512 0 ...... 0.00 ...... Allard ...... 62,250 0 ...... 0.00 ...... Ashcroft ...... 76,766 0 ...... 0.00 ...... Baucus ...... 33,725 0 ...... 0.00 ...... Bennett ...... 40,632 0 ...... 0.00 ...... Biden ...... 31,373 0 ...... 0.00 ...... Bingaman ...... 41,065 0 ...... 0.00 ...... Bond ...... 76,766 0 ...... 0.00 ...... Boxer ...... 299,774 0 ...... 0.00 ...... Breaux ...... 65,447 0 ...... 0.00 ...... Brownback ...... 48,952 0 ...... 0.00 ...... Bryan ...... 41,146 0 ...... 0.00 ...... Bumpers ...... 50,032 0 ...... 0.00 ...... Burns ...... 33,725 33,832 0.04106 30,597.92 0.03713 Byrd ...... 42,197 0 ...... 0.00 ...... Campbell ...... 62,260 0 ...... 0.00 ...... Chafee ...... 33,982 0 ...... 0.00 ...... Cleland ...... 93,914 0 ...... 0.00 ...... Coats ...... 78,470 0 ...... 0.00 ...... Cochran ...... 49,853 0 ...... 0.00 ...... Collins ...... 37,296 0 ...... 0.00 ...... Conrad ...... 30,599 0 ...... 0.00 ...... Coverdell ...... 93,914 0 ...... 0.00 ...... Craig ...... 35,335 1,275 0.00119 436.67 0.00041 D’Amato ...... 182,405 0 ...... 0.00 ...... Daschle ...... 31,250 0 ...... 0.00 ...... DeWine ...... 129,502 0 ...... 0.00 ...... Dodd ...... 55,328 0 ...... 0.00 ...... Domenici ...... 41,065 0 ...... 0.00 ...... Dorgan ...... 30,599 926 0.00146 220.39 0.00035 Durbin ...... 127,523 1,540 0.00013 1,226.99 0.00011 Enzi ...... 29,313 0 ...... 0.00 ...... Faircloth ...... 98,546 0 ...... 0.00 ...... Feingold ...... 72,344 0 ...... 0.00 ...... Feinstein ...... 299,774 0 ...... 0.00 ...... Ford ...... 62,013 0 ...... 0.00 ...... Frist ...... 75,654 0 ...... 0.00 ...... Glenn ...... 129,502 0 ...... 0.00 ...... Gorton ...... 78,894 3,600 0.00070 734.26 0.00014 Graham ...... 179,546 0 ...... 0.00 ...... Gramm ...... 199,231 2,300 0.00013 813.63 0.00005 Grams ...... 67,502 25,501 0.00569 10,164.43 0.00227 Grassley ...... 51,340 0 ...... 0.00 ...... Gregg ...... 35,844 0 ...... 0.00 ...... Hagel ...... 40,141 0 ...... 0.00 ...... Harkin ...... 51,340 0 ...... 0.00 ...... Hatch ...... 40,632 0 ...... 0.00 ...... Helms ...... 98,546 0 ...... 0.00 ...... Hollings ...... 60,001 0 ...... 0.00 ...... Hutchinson ...... 50,032 0 ...... 0.00 ...... Hutchison ...... 199,231 0 ...... 0.00 ...... Inhofe ...... 58,636 0 ...... 0.00 ...... Inouye ...... 34,512 0 ...... 0.00 ...... Jeffords ...... 30,350 0 ...... 0.00 ...... Johnson ...... 31,250 0 ...... 0.00 ...... Kempthorne ...... 35,335 0 ...... 0.00 ...... Kennedy ...... 81,449 0 ...... 0.00 ...... Kerrey ...... 40,161 0 ...... 0.00 ...... Kerry ...... 81,449 635 0.00011 589.92 0.00010 Kohl ...... 72,344 0 ...... 0.00 ...... Kyl ...... 68,104 0 ...... 0.00 ...... Landrieu ...... 65,447 0 ...... 0.00 ...... Lautenberg ...... 95,810 0 ...... 0.00 ...... Leahy ...... 30,350 7,316 0.01284 4,824.19 0.00846 Levin ...... 112,359 0 ...... 0.00 ...... Lieberman ...... 55,328 0 ...... 0.00 ...... Lott ...... 49,853 0 ...... 0.00 ...... Lugar ...... 78,470 0 ...... 0.00 ...... Mack ...... 179,546 0 ...... 0.00 ...... McCain ...... 68,104 3,949 0.00103 3,158.62 0.00082 McConnell ...... 62,013 0 ...... 0.00 ...... Mikulski ...... 72,320 0 ...... 0.00 ...... Moseley-Braun ...... 127,523 0 ...... 0.00 ...... Moynihan ...... 182,405 4,550 0.00025 1,053.92 0.00006 Murkowski ...... 30,301 366,400 0.62419 56,009.25 0.09542 Murray ...... 78,894 0 ...... 0.00 ...... Nickles ...... 58,636 0 ...... 0.00 ...... Reed ...... 33,982 0 ...... 0.00 ...... Reid ...... 41,146 1,363 0.00103 1,070.03 0.00081 Robb ...... 86,917 0 ...... 0.00 ...... Roberts ...... 48,952 0 ...... 0.00 ...... Rockefeller ...... 42,197 27,339 0.01509 6,395.34 0.00353 Roth ...... 31,373 0 ...... 0.00 ...... Santorum ...... 137,173 1,069 0.00009 901.69 0.00008 Sarbanes ...... 72,320 0 ...... 0.00 ...... Sessions ...... 66,267 0 ...... 0.00 ...... Shelby ...... 66,267 0 ...... 0.00 ...... S12226 CONGRESSIONAL RECORD — SENATE October 9, 1998 SENATE QUARTERLY MASS MAIL VOLUMES AND COSTS FOR THE QUARTER ENDING 06/30/98—Continued

FY98 Of- ficial Total Pieces Cost per Senators mail allo- pieces per cap- Total cost capita cation ita

Smith, Gordon ...... 56,470 1,219 0.00041 1,123.92 0.00038 Smith, Robert ...... 35,844 0 ...... 0.00 ...... Snowe ...... 37,296 0 ...... 0.00 ...... Specter ...... 137,173 0 ...... 0.00 ...... Stevens ...... 30,301 0 ...... 0.00 ...... Thomas ...... 29,313 0 ...... 0.00 ...... Thompson ...... 75,654 0 ...... 0.00 ...... Thurmond ...... 60,001 0 ...... 0.00 ...... Torricelli ...... 95,810 0 ...... 0.00 ...... Warner ...... 86,917 0 ...... 0.00 ...... Wellstone ...... 67,502 0 ...... 0.00 ...... Wyden ...... 56,470 655 0.00022 231.89 0.00008•

SENATE QUARTERLY MAIL allocations made to each Senator from through September 30, 1998. The official COSTS—FOURTH QUARTER the appropriation for official mail ex- mail allocations are available for frank penses and a summary tabulation of mail costs, as stipulated in Public Law ∑ Mr. WARNER. Mr. President, in ac- Senate mass mail costs for the fourth 105–55, the Legislative Branch Appro- cordance with section 318 of Public quarter of FY98 to be printed in the priations Act of 1998. Law 101–520 as amended by Public Law RECORD. The fourth quarter of FY98 103–283, I am submitting the frank mail covers the period of July 1, 1998, The material follows: SENATE QUARTERLY MASS MAIL VOLUMES AND COSTS FOR THE QUARTER ENDING 09/30/98

FY98 offi- Pieces Senators cial mail Total per cap- Total cost Cost per allocation pieces ita capita

Abraham ...... $112,359 0 ...... $0.00 ...... Akaka ...... 34,512 0 ...... 0.00 ...... Allard ...... 62,250 0 ...... 0.00 ...... Ashcroft ...... 76,766 0 ...... 0.00 ...... Baucus ...... 33,725 1,113 0.00135 887.63 $0.00108 Bennett ...... 40,632 0 ...... 0.00 ...... Biden ...... 31,373 0 ...... 0.00 ...... Bingaman ...... 41,065 0 ...... 0.00 ...... Bond ...... 76,766 0 ...... 0.00 ...... Boxer ...... 299,774 189,826 0.00615 152,219.40 0.00493 Breaux ...... 65,447 0 ...... 0.00 ...... Brownback ...... 48,952 0 ...... 0.00 ...... Bryan ...... 41,146 60,000 0.04521 6,851.98 0.00516 Bumpers ...... 50,032 0 ...... 0.00 ...... Burns ...... 33,725 1,105 0.00134 879.25 0.00107 Byrd ...... 42,197 0 ...... 0.00 ...... Campbell ...... 62,250 0 ...... 0.00 ...... Chafee ...... 33,982 0 ...... 0.00 ...... Cleland ...... 93,914 0 ...... 0.00 ...... Coats ...... 78,470 0 ...... 0.00 ...... Cochran ...... 49,853 0 ...... 0.00 ...... Collins ...... 37,296 0 ...... 0.00 ...... Conrad ...... 30,599 0 ...... 0.00 ...... Coverdell ...... 93,914 0 ...... 0.00 ...... Craig ...... 35,335 735 0.00069 151.10 0.00014 D’Amato ...... 182,405 0 ...... 0.00 ...... Daschle ...... 31,250 0 ...... 0.00 ...... DeWine ...... 129,502 0 ...... 0.00 ...... Dodd ...... 55,328 0 ...... 0.00 ...... Domenici ...... 41,065 0 ...... 0.00 ...... Dorgan ...... 30,599 1,978 0,00311 1,402.19 0.00220 Durbin ...... 127,523 0 ...... 0.00 ...... Enzi ...... 29,313 0 ...... 0.00 ...... Faircloth ...... 98,546 0 ...... 0.00 ...... Feingold ...... 72,344 0 ...... 0.00 ...... Feinstein ...... 299,774 0 ...... 0.00 ...... Ford ...... 62,013 0 ...... 0.00 ...... Frist ...... 75,654 0 ...... 0.00 ...... Glenn ...... 129,502 0 ...... 0.00 ...... Gorton ...... 78,894 321,320 0.06256 54,565.00 0.01062 Graham ...... 179,546 0 ...... 0.00 ...... Gramm ...... 199,231 0 ...... 0.00 ...... Grams ...... 67,502 5,165 0.00115 4,074.66 0.00091 Grassley ...... 51,340 282,160 0.10034 51,420.04 0.01829 Gregg ...... 35,844 0 ...... 0.00 ...... Hagel ...... 40,141 0 ...... 0.00 ...... Harkin ...... 51,340 0 ...... 0.00 ...... Hatch ...... 40,632 0 ...... 0.00 ...... Helms ...... 98,546 0 ...... 0.00 ...... Hollings ...... 60,001 0 ...... 0.00 ...... Hutchinson ...... 50,032 0 ...... 0.00 ...... Hutchison ...... 199,231 0 ...... 0.00 ...... Inhofe ...... 58,636 0 ...... 0.00 ...... Inouye ...... 34,512 0 ...... 0.00 ...... Jeffords ...... 30,350 34,910 0.06125 6,977.43 0.01224 Johnson ...... 31,250 50,480 0.07100 8,980.40 0.01263 Kempthorne ...... 35,335 0 ...... 0.00 ...... Kennedy ...... 81,449 0 ...... 0.00 ...... Kerrey ...... 40,161 0 ...... 0.00 ...... Kerry ...... 81,449 0 ...... 0.00 ...... Kohl ...... 72,344 0 ...... 0.00 ...... Kyl ...... 68,104 0 ...... 0.00 ...... Landrieu ...... 65,447 0 ...... 0.00 ...... Lautenberg ...... 95,810 0 ...... 0.00 ...... Leahy ...... 30,350 0 ...... 0.00 ...... Levin ...... 112,359 2,250 0.00024 434.15 0.00005 Lieberman ...... 55,328 0 ...... 0.00 ...... Lott ...... 49,853 0 ...... 0.00 ...... Lugar ...... 78,470 0 ...... 0.00 ...... Mack ...... 179,546 0 ...... 0.00 ...... McCain ...... 68,104 23,222 0.00606 18,281.89 0.00477 McConnell ...... 62,013 0 ...... 0.00 ...... Mikulski ...... 72,320 12,600 0.00257 2,282.23 0.00047 Moseley-Braun ...... 127,523 0 ...... 0.00 ...... Moynihan ...... 182,405 0 ...... 0.00 ...... Murkowski ...... 30,301 0 ...... 0.00 ...... October 9, 1998 CONGRESSIONAL RECORD — SENATE S12227 SENATE QUARTERLY MASS MAIL VOLUMES AND COSTS FOR THE QUARTER ENDING 09/30/98—Continued

FY98 offi- Pieces Senators cial mail Total per cap- Total cost Cost per allocation pieces ita capita

Murray ...... 78,894 121,500 0.02366 21,864.80 0.00426 Nickles ...... 58,636 0 ...... 0.00 ...... Reed ...... 33,982 0 ...... 0.00 ...... Reid ...... 41,146 60,000 0.04521 6,851.93 0.00516 Robb ...... 86,917 0 ...... 0.00 ...... Roberts ...... 48,952 0 ...... 0.00 ...... Rockefeller ...... 42,197 132,476 0.07311 25,456.09 0.01405 Roth ...... 31,373 0 ...... 0.00 ...... Santorum ...... 137,173 0 ...... 0.00 ...... Sarbanes ...... 72,320 0 ...... 0.00 ...... Sessions ...... 66,267 0 ...... 0.00 ...... Shelby ...... 66,267 0 ...... 0.00 ...... Smith, Gordon ...... 56,470 0 ...... 0.00 ...... Smith, Robert ...... 35,844 0 ...... 0.00 ...... Snowe ...... 37,296 3,757 0.00304 1,213.61 0.00098 Specter ...... 137,173 0 ...... 0.00 ...... Stevens ...... 30,301 0 ...... 0.00 ...... Thomas ...... 29,313 5,209 0.01118 3,617.97 0.00776 Thompson ...... 76,654 0 ...... 0.00 ...... Thurmond ...... 60,001 0 ...... 0.00 ...... Torricelli ...... 95,810 34,378 0.00441 31,463.88 0.00404 Warner ...... 86,917 0 ...... 0.00 ...... Wellstone ...... 67,502 0 ...... 0.00 ...... Wyden ...... 56,470 0 ...... 0.00 ......

VET CENTERS OF EXCELLENCE nized among those which best rep- fixtures of Wickliffe, Kentucky. ∑ Mr. ROCKEFELLER. Mr. President, resent the spirit and mission of RCS. Though not originally from Kentucky, the Readjustment Counseling Service The Morgantown Vet Center Dick became a valued member of the (RCS) within the Department of Veter- catchment area is mostly rural, with a Wickliffe community, raised his family ans Affairs recently named five Vet widely dispersed population covering 16 there and continues to have close ties Centers—from 206 across the country— counties in North Central West Vir- to Kentucky. as ‘‘Vet Centers of Excellence.’’ I note ginia and two counties in Pennsyl- In 1966, Dick joined Westvaco as the with great pride that the Morgantown vania. Since opening its doors in 1982, Assistant Public Relations Manager at Vet Center, in my State of West Vir- it has provided service to over 7,000 the Fine Papers Division in Luke, ginia, was one of the Vet Centers se- veterans. To the Morgantown Vet Cen- Maryland. The next year, Westvaco an- lected for this distinguished award. ter staff—Johnny Bragg, Melody nounced that Wickliffe, Kentucky RCS Vet Centers, mandated by Con- Johns, Ronald Jones, and Sandra Cal- would be the site of a new $80 million gress in 1979, are community-based vert—I say thank you for a job well mill. It was while assisting in the pub- service centers staffed by highly quali- done, and for always going above and lic relations details of this announce- fied professionals. Vet Center services beyond what is required in your posi- ment that Dick began his long associa- include individual and group counsel- tions. I am very proud of you. tion with the community of Wickliffe. ing, family/marital counseling, sexual In addition, I congratulate the staff Later that year, Dick, his wife Malinda trauma counseling, substance abuse of the other Vet Centers selected as and their two daughters moved to counseling, vocational and employ- ‘‘Vet Centers of Excellence’’—Vista, Wickliffe. Dick became Public Rela- ment assistance, VA claims and bene- California; Tucson, Arizona; Atlanta, tions Manager for Fine Papers in 1970. fits information, help for the homeless, Georgia; and White River Junction, Dick held that job until 1988. During and social service and health care re- Vermont. that time, he played an integral role as ferrals. They provide readjustment But I also want to note my apprecia- the Fine Papers mill became the bed- counseling to combat veterans and tion for the other Vet Centers in West rock of the Wickliffe community. After their families—veterans who served Virginia, and those others around the a brief stint during 1988 in the Ken- during Vietnam, Korea, and World War country. All provide a vital service—in tucky State Government as Deputy II—as well as veterans involved in com- many cases, literally a lifeline to trou- Secretary of the Cabinet for Economic bat hostilities in Panama, Grenada, bled vets. I am reminded of the many Development, Dick returned to Lebanon, Somalia, and the Persian times my Senate staffers have con- Westvaco as Regional Public Affairs Gulf. tacted a Vet Center employee some- Manager, a position he held until 1991. Mr. President, many veterans suffer where in the country after hearing At that time he moved to Washington from psychological injuries as a result from a veteran in crisis—or a family to become Westvaco’s Director of Pub- of their service in the Armed Forces, member—and been able to secure the lic Affairs, a position he continues to especially service in combat. But un- help needed to avert an emergency. hold today. like those injuries that can be ban- And I am reminded of the number of Since the 1966 announcement that daged, sewn, or cast, psychological bat- veterans and family members in my the plant would be built in Western tle wounds are typically unseen and State of West Virginia who tell me how Kentucky, Westvaco has spent more left untreated. Many veterans struggle positively their lives have changed than half a billion dollars to create a for years to find peace within them- after contact with a Vet Center. state-of-the-art papermaking facility selves, often turning to VA for help So, to all 206 Vet Centers and the in Wickliffe. Today, Westvaco employs years after they’ve come home from dedicated staff who work there—your over 750 men and women in Kentucky, war. good deeds have not gone unnoticed. and makes an annual contribution of So, the work being done at our Vet Keep up the good work. Our Nation’s $134 million to the local economy. The Centers is enormously important. And combat veterans are lucky to have you, growth of the mill and the company’s Vet Center services become even more and I am enormously proud of what great relationship with the community vital when they are the only VA pres- you have been able to accomplish.∑ are a legacy of Dick’s career at ence for hundreds of miles, as is the f Westvaco and his 24 years in Kentucky. case in some parts of the country. Mr. President, I have worked closely The criteria used in selecting the TRIBUTE TO RICHARD K. BOYD with Dick on several issues of great im- ‘‘Vet Centers of Excellence’’ included ∑ Mr. MCCONNELL. Mr. President, I portance to both Westvaco and my con- quality of clinical care, administrative rise today to pay tribute to Dick Boyd, stituents in the Wickliffe area. His management, outreach to high-risk who will retire at the end of October hard work and dedication have allowed veteran populations, and cost effective- after 32 years of service to the Westvaco to become an important part ness. Westvaco Corporation. For over thirty of the Wickliffe community. I have en- I am truly delighted that the Mor- years, Dick has helped establish joyed working with him, thank him for gantown Vet Center has been recog- Westvaco and the Fine Papers mill into all his efforts on behalf of Westvaco S12228 CONGRESSIONAL RECORD — SENATE October 9, 1998 and the people of the Wickliffe commu- democracy in Ukraine to ensure that and resources necessary to produce nity, and wish him the best wherever Ukraine never again experiences domi- ‘‘Peacemaking Partnerships’’—state- his future endeavors may take him.∑ nation by a foreign power hostile to wide cooperation to eliminate domestic f Ukraine’s very identity as a people and violence. as a nation. Offering support on a 24-hour basis 65TH ANNIVERSARY OF THE Mr. President, in closing, I once with an exceptionally educated full UKRAINIAN FAMINE OF 1932–33 again urge my colleagues to join to- time staff, corps of volunteers and ∑ Mr. D’AMATO. Mr. President, I am gether in support of this important res- Americorps workers, the WVCADV has pleased to cosponsor S.Con.Res. 122, in- olution.∑ been able to help prevent, and in many troduced by my distinguished col- f cases help heal the scar of domestic vi- league, Senator LEVIN, commemorat- olence in the state of West Virginia. ing the 65th anniversary of the Ukrain- TRIBUTE TO ELIZABETH ‘‘BETTIE’’ Such commitment is essential in the ian Famine of 1932–33. It is timely once MOHART FOR HER SERVICE TO campaign to stop domestic violence again for us to join together to call the THE UNITED STATES SENATE which has grown in staggering propor- world’s attention to this cold act of ∑ Mr. BOND. Mr. President, I rise tions. Statistics reflect that a woman mass murder, to remember its victims, today to pay tribute to Elizabeth is assaulted by her husband or intimate and to pledge ourselves to prevent hun- ‘‘Bettie’’ Mohart for her outstanding partner every fifteen seconds in the ger from being used as a weapon of service to the United States Senate. United States. Without effective mech- genocide. I urge my colleagues to join Bettie was the Chief Clerk on the Sen- anisms for intervention, this number me in support of this resolution. ate Committee on Small Business, of will only continue to grow. The Ukrainian Famine ranks among which I am Chair. In the three and a The WVCADV plays a vital role in the most devastating human tragedies half years that she was with the Com- encouraging victims of domestic vio- of all time, with an estimated loss of mittee, she helped to make it run lence to come forward and tell their life exceeding 7 million men, women smoothly and efficiently. stories. Through community edu- and children. Millions of Ukrainians When Sam Rayburn said ‘‘you cannot cation, seminars and conferences de- died not from natural causes, but from be a leader, and ask other people to fol- signed to broaden public awareness of policies designed to eradicate low you, unless you know how to follow warning signs and other violence-relat- Ukraine’s cultural and political iden- too,’’ he could have been talking about ed issues, the WVCADV is changing the tity and to punish the Ukrainian peo- Bettie Mohart. She started her service past protocol of ‘looking the other ple for resisting the forced collectiviza- in 1969 with Senator Stuart Symington way’ into empowerment, response and tion of agriculture. As such, the Fam- as a Staff Assistant, and then went to prevention. ine is a dramatic testament to the bru- work for Senator ROBERT BYRD as a Through the myriad of support serv- tality of the imperial Soviet system, Staff Assistant in 1972. In 1974, Bettie ices WVCADV has made available, the responsible for the destruction of tens left the Senate to pursue other endeav- network of thirteen safe shelters in of millions of lives over the course of ors, only to return in 1985 to work for West Virginia provide a place for its 70-year existence. Senator Jack Danforth. She was hired women and children as they begin the The Ukrainian Famine was a crime as a Staff Assistant for Senator Dan- process of leaving violence-filled of epic proportions. In the 1980’s the forth’s personal office and was later homes. With nearly seventy-five per- U.S. Commission on the Ukraine Fam- moved to the Senate Committee on cent of fatal attacks occurring after ine painstakingly documented every Commerce, when he became Chair. He separation, such safe shelters are es- aspect of this genocide, collecting an then asked Bettie to return to his per- sential to protect women and children impressive body of material document- sonal office, as Office Manager, where from their abusers. These shelters not ing the tragedy inflicted upon Ukrain- she stayed until his retirement. In 1994, only provide a secure, stable environ- ians by their Soviet masters. Members I was fortunate enough to be able to ments with educational programs, but of the Famine Commission from this hire her for the Committee on Small also offer direct contacts with legal ad- body and from the House of Represent- Business where she remained until her vocates and law enforcement to ensure atives held hearings around the coun- departure. the safety of these women and children try in which elderly eyewitnesses re- By the time Bettie came to work for after they leave. counted the consequences of Stalin’s me she had worked in just about every Furthermore, through their collabo- genocidal policies in starkly human capacity, in the Senate, with the ex- ration with advocates and policy mak- terms, giving poignant and often grue- ception of Chief of Staff and Senator, ers, the WVCADV fosters legislation some accounts of the horrors they, which no doubt she could have handled. which is essential to counter domestic their families, friends and fellow coun- This experience made her, not only an violence—setting up mechanisms not trymen faced. The Famine Commis- asset to my Committee, but it also only to protect abuse victims but also sion’s final report to Congress con- gave her the wisdom to manage the to increase and provide accountability firmed the man-made nature of the Small Business Committee office with for abusive behavior. In 1994, I proudly Famine, specifically, the complicity of a just hand. I thank Bettie for her cosponsored the Violence Against Joseph Stalin and those around him in many years of service to myself and to Women Act, the first comprehensive its conception and execution. the United States Senate, and wish her piece of Federal legislation to address Clearly, the Ukrainian Famine oc- the best of luck in the future.∑ this important issue. I will continue to curred within the context of a Soviet f work with my collegues in Congress system which denied and vigorously and with the staff of the WVCADV to opposed democratic values, the rule of IN RECOGNITION OF THE TENTH ensure that the most vulnerable fami- law, and any respect for elementary ANNIVERSARY OF THE WEST lies get the support that they need to human rights. Now that Ukraine is free VIRGINIA COALITION AGAINST remain safe, stable and free of violence. from foreign domination and is moving DOMESTIC VIOLENCE CENTRAL Throughout the month of October, towards full respect for human rights, SERVICE OFFICE the WVCADV will hold events through- democratic values and the rule of law, ∑ Mr. ROCKEFELLER. Mr. President, out the State to celebrate the progress the likelihood of a similar catastrophe, it is with great pride that I rise today they have made in fighting domestic at the present time, appears remote. to share my warmest congratulations violence. On November 6th a statewide Nevertheless, I strongly agree with to the West Virginia Coalition Against event titled ‘‘In Celebration of Peace- the resolution’s assertion that it is es- Domestic Violence Central Service Of- making Partnerships: Looking Back sential that the United States continue fice on its 10th Anniversary celebra- and Moving Ahead’’ will demonstrate to assist Ukraine as it proceeds to- tion. Through its around the clock sup- the 10 years of success and goals. I can- wards democracy, a free-market econ- port, educational outreach and a net- not think of a more fitting title for omy, and full respect for human rights. work of safe shelters, the WVCADV this anniversary celebration which rec- It is imperative for America and for Central Service Office providers moth- ognizes the West Virginia Coalition the West to support independence and ers and children with the information Against Domestic Violence Central October 9, 1998 CONGRESSIONAL RECORD — SENATE S12229 Service Office’s leadership in forging receive for actual economic loss. This current system. Therefore, this bill model partnerships throughout West is abuse of a system that exists to pro- provides a choice for the individual Virginia and across the nation. tect people from the genuine financial states. Under this legislation, state Again, Mr. President, I want to ex- costs of misfortune and tragedy. legislatures are able to opt-out of Auto press my sincerest congratulations to The Federal Bureau of Investigation Choice for any reason. Furthermore, the West Virginia Coalition Against estimates that such excessive legal and the bill clearly states that it will not Domestic Violence Central Service Of- medical claims, combined with out- preclude a State or State Official from fice for the work it has done and for all right fraudulent claims, have added fully exercising their regulatory au- that it will continue to do in the fu- $200 in unnecessary premiums for every thority concerning policy rates, con- ture. Also, I would like to express my household in America. That’s a $200 in- sumer protection or carrying out the appreciation for all the WVCADV staff crease for every family—regardless of requirements of this act. The Auto and volunteers. Such commitment and what type of coverage that family may Choice Reform Act will leave the ulti- dedication that always inspires me in want. That’s $200 that will not be spent mate regulation of auto insurance to the work that I do on behalf of West on groceries, clothing for children, or the states. Virginia children and families. I look tucked away into savings for edu- The implementation of The Auto forward to our future endeavors to- cation. Choice Act would cause the average in- gether as we continue to make great This system becomes more inequi- surance policy to decrease by $243 an- strides in creating ‘‘peacemaking part- table when the burden on low-income nually, saving drivers an estimated $45 nerships’’ throughout West Virginia and urban drivers is considered. These billion nationwide. By providing great- and across the country.∑ drivers pay a disproportionate amount er choice to the driving public, without f of their income for auto insurance. In cost to the government, the driving my home state of Colorado we have the public would save $246 billion over five THE AUTO CHOICE REFORM ACT 14th highest insurance rates in the na- years. That’s an enormous savings for ∑ Mr. ALLARD. Mr. President, I rise to tion. The effects of the high cost of simply providing an option to the con- make a few remarks concerning the driving in Colorado are particularly no- sumer. This is a bill about choice, it is Auto Choice Reform Act. I am a co- ticeable along the more densely popu- a bill about savings, and it is a bill sponsor of this legislation. lated front range. Last week Denver about equitable compensation for the The Auto Choice Act proposes the de- Mayor Wellington Webb testified be- American driver. velopment of a ‘‘no fault compensation fore the Senate Commerce Committee system’’ to provide an option to drivers concerning the effects of high premium f who do not want to pay for services costs on a large urban population. NIH EARMARKS they do not want and will not use. This Mayor Webb testified that not only do legislation would allow for the recov- the urban poor pay a premium dis- ∑ Mr. COATS. Mr. President, I would ery of economic losses, but not for the proportionate to their income, but high like to speak today about a matter recovery of non-economic damages like premium costs can also deter drivers which concerns me greatly—the proc- pain and suffering. Those who choose from purchasing insurance at all. Dr. ess by which funds are allocated at the to stay insured under the tort system Robert Lee Maril testified to the dis- National Institutes of Health (NIH). would retain the right to sue and be proportionate cost of insurance stating The National Institutes of Health is sued for economic and non-economic that nationally households spend 2% of one of the finest institutions of medi- losses, while those who choose the ‘‘no their annual income on automobile in- cal research in the World. A commit- fault’’ system would be able to sue or surance. The upper 50% of people living ment to providing the best possible be sued for economic damages only. below the poverty line, however, spend health care has driven the NIH’s re- And that is what the Auto Choice Act a staggering 14% of their income on cruitment of preeminent physicians is really about, Mr. President. Choice automobile insurance. and medical researchers across the for the driving public. Mayor Webb also testified that this is breadth of the medical disciplines. All drivers are currently insured not just an issue for the poor. Middle- Having created such an impressive through a system that requires them income families spend on average 150% resource, it is disheartening that Con- to pay for insurance on the assumption more on auto insurance than they do gress, through legislative earmarks that if they are involved in an accident on education, and in the City of Denver and other mandates, often undertakes then they will sue or be sued for more alone residents would see their pre- to second-guess the considered opinions than economic damages. The majority miums reduced by as much as 40%. of these experts. of drivers are never involved in a suit In July the Joint Economic Commit- The practice of earmarking disease- for pain and suffering, yet they pay for tee released a report that demonstrates specific funds results mainly from lob- this coverage every single month. the benefits of Auto Choice for busi- bying pressure directed to Senators or Between 1987 and 1994 the cost of nesses. In addition to the relief this bill our staffs. As a result of this pressure, automobile insurance increased by provides for individual drivers, the JEC Senator’s introduce language which 44%. This extraordinary increase was reports that nearly 40% of all tort sets aside sums of money—often very due in large part to excessive claims cases against businesses are auto-relat- large sums of money—to be used exclu- made by accident victims for pain and ed. The incentives that drive the tort sively for one specific disease. suffering, that is, for compensation be- system increase the cost of doing busi- In September of last year, the Senate yond the costs of automobile damages ness. In 1994 businesses spent $21 billion overwhelmingly approved the Depart- and medical bills. For every $1 in ac- on auto liability insurance. Just as ment of Health and Human Services tual economic loss generated by this families are forced to spend money on Appropriations Bill, which contained a system, $3 are paid out for non-eco- high premiums that could be better provision for an in-depth study to ex- nomic damages. Rampant abuse of the spent on food or education, businesses amine the priority setting process at insurance industry attempts to turn are forced to dedicate resources to li- NIH. The amendment which incor- people’s misfortune into a sweepstakes. ability insurance instead of payroll and porated this study was originally spon- This sweepstakes is particularly ben- capital investments. The JEC report sored by myself and Senator Frist, and eficial for attorneys who collect 40 concluded that the Auto Choice Act directed the Institute of Medicine cents of every dollar paid for bodily in- would result in an average 27% savings (IOM) to conduct this study with ut- jury. Twenty-eight cents from every on commercial auto insurance, poten- most priority. premium dollar goes to attorneys. Ac- tially saving American businesses $41 The intent of this research was to un- cording to the Joint Economic Com- billion over five years. derstand how priorities regarding spe- mittee, lawyers earn between $15 and The Insurance Commissioner from cific research programs are deter- $17 billion a year under the current my state of Colorado has endorsed this mined, how levels of funding for these tort system and lawyers on both sides legislation, however, I realize that in research programs are established, and of a dispute make almost two times the spite of the expected benefits of this how new organizational entities within amount of money that injured parties legislation, some states prefer their the NIH are created. S12230 CONGRESSIONAL RECORD — SENATE October 9, 1998 This study grew out of Senator Frist tribute to the late Joseph Pinga, a centration in food-retailing, concentra- and my concerns that Congress was un- community leader who passed away on tion in rail and other forms of trans- duly influencing the process by which September 1st, in West Warwick, portation, concentration in banking, priorities are set at NIH through the Rhode Island. Mr. Pinga was best concentration in the grain-trading practice of the earmarking of funds for known for his community giving and companies, and concentration in pro- disease-specific research. We were con- his vigilance that helped to reform the duction itself. cerned that the priority setting process West Warwick town government. The strands of these varied con- at NIH was becoming less science-based Mr. Pinga served honorably in the centrations are tightening around the and more politically drive. It was clear U.S. Navy and worked to establish his throats of family farmers and ranchers, that our concern was shared by the ma- business, Westcott Baking Company, of threatening not only the farmers and jority of the Senate, as they voted to which he was the owner and operator ranchers themselves, but also their include this amendment in the appro- for over forty years. In this capacity, families, the small-town businesses priations bill. Mr. Pinga was regarded not only as a that depend on them, their schools, In July of this year, IOM completed local pioneer, but also as a defender of their churches, and the very social fab- its work and reported its findings to rights for small business owners. In ric that makes rural America such a Congress. The study cited the need for fact, in 1978, Time Magazine recognized special and wonderful place to live— greater public involvement, specifi- Joe’s perseverance in an article about the reasons why we should do whatever cally, and I quote, ‘‘The director of NIH his struggle with the Occupational we can to preserve and promote our should establish and appropriately Safety and Health Administration. system of family farming and ranching. staff a Director’s Council of Public Joseph Pinga certainly was a believer But there is more at stake here than Representatives, to facilitate inter- in community involvement. Numerous just our farmers and ranchers and their actions between NIH and the general charitable organizations could always families, critically important as they public’’ and that, ‘‘* * * public mem- count on Mr. Pinga’s generosity with- are. What’s also at stake is the very bership of NIH policy and program ad- out ever requesting any public ac- system that produces our food, that visory groups should be selected to rep- knowledgement. In addition, Joe ran gives us life. Study after study shows resent a broad range of public constitu- for mayor of West Warwick in 1990 and that family agriculture is the most ef- encies.’’ unquote. It is interesting to was a member of the local Elks Lodge. ficient way, the most environmentally note that both these recommendations Mr. President, I join with all Rhode safe way, to produce our food. And that focus public input directly to NIH, Islanders in extending to Mr. Pinga’s is another reason why we should do rather than to Congress. family our sympathy and best wishes.∑ whatever we can to preserve and pro- This is very much in line with an- f mote our system of family farming and other recommendation; quote, ‘‘The ranching. U.S. Congress should use its authority HONORING WALTER SELLERS But, frankly, there is a troubling to mandate specific research programs, ∑ Mr. DEWINE. Mr. President, I rise movement in our country toward the establish level of funding for them, and today to pay tribute to the distin- corporatization of family agriculture. implement new organizational entities guished career of Walter G. Sellers of Look at the pork industry—it has be- only when other approaches have prov- Wilberforce, Ohio—who has recently come increasingly dominated by giant en inadequate.’’ unquote. completed his term as president of corporate hog factories, a fact which The findings of this study are clear. Kiwanis International. has gone hand-in-glove with lower and For the purpose of priority-setting, Mr. Sellers is the first African-Amer- lower prices for hogs, to the point that public input-including organized input ican to serve as Kiwanis International many family pork producers can’t via lobbying efforts—are most appro- President. For 32 years, he was a mem- make a living at it anymore, and have priately directed to NIH, where it can ber of the Kiwanis Club in Xenia, Ohio. simply given up. be evaluated by appropriate science- In 1990, he was elected to the Kiwanis A case in point is the state of North based criteria. Only when there is evi- International Board of Trustees. he Carolina, which has seen the biggest dence that NIH is unable or unwilling served as Vice President and Treasurer influx of corporate hog factories in the to apply this input appropriately to before becoming President. United States. In 1984, there were 24,000 their priority-setting process and cri- All Ohioans are proud of Mr. Sellers’ hog farmers in that state, just before teria, should Congress influence the outstanding stewardship of one of the the growth of hog factories sky- process through legislative mandates. largest service clubs in the world. But rocketed. Now, there are 7,000 hog It is my contention that if the litmus we also know that his service to our farmers in North Carolina, almost all test were applied to all earmarks, most community extends beyond his work of them working on contract, little would be stripped from legislation. The message is clear: Congress with the Kiwanis organization. He has more than hired hands working for out- should avoid the practice of earmark- served as President of the Xenia Board side corporate investors. However, at ing within NIH appropriations. The of Education and President of the Ohio the same time that independent family findings of the research conducted by School Boards Association. And he has hog producers have almost disappeared the independent and impartial experts done great work on many other public- in North Carolina, the number of hogs clearly indicates that the concern re- service boards in Ohio. produced there has tripled, thus lead- garding the pricess of priority setting Walter Sellers has dedicated his life ing to enormous environmental prob- at NIH was warranted. to improving the lives of the people of lems—fish kills numbering in the tens As the Senate considers the future Ohio, especially in the field of edu- of millions, rapidly rising nitrates in appropriations and authorization legis- cation. We are all extremely grateful groundwater used for drinking, increas- lation for NIH, I would urge my col- for his efforts and I ask my colleagues ing levels in airborne ammonia, stench leagues to consider, with a critical eye, to join me in wishing him all the best that makes the eyes water, and a cor- any disease-specific earmarks. I would in his next endeavors.∑ responding and unsurprising drop in urge my colleagues to ask themselves f tourism. The North Carolina experi- whether there is evidence that NIH has ment has clearly not worked. THE FUTURE OF FAMILY What has happened in North Caro- somehow failed to appropriately con- FARMING AND RANCHING sider and apply science-based priority- lina, and what is happening in many setting criteria. In the absence of such ∑ Mr. JOHNSON. Mr. President, today other states, is nothing less than a evidence, I would urge my colleagues I rise to express—in very stark terms— human tragedy. My ancestors, and the to not impose earmerks or other legis- my deep and increasing concern for the ancestors of many people here today, lative mandates on the NIH.∑ future of family farming and ranching left Europe to escape the feudal system f in this country. The truth is, our coun- of agriculture, a system of inequality try’s family farmers and ranchers are and unfairness where a baron con- A TRIBUTE TO JOSEPH PINGA under increasing economic pressure trolled the land and the peasants ∑ Mr. CHAFEE. Mr. President, I would from concentration in agriculture— worked for him as little better than like to take this opportunity to pay concentration in meatpacking, con- slaves. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12231 I do not want to return to a ‘‘new many respects these reforms have been Last month, Gordon Mansfield, the feudalism’’ in which the baron is re- beneficial, even bold I am told, particu- National Executive Director of the placed by out-of-state corporate inves- larly at a time when the VA budget is Paralyzed Veterans of America ad- tors, nor do I believe that the people of under severe stress. dressed the same subject from a na- my state desire to do so, either. It is However, I expressed my personal tional perspective during hearings on for that reason that I have opposed the concern to Dr. Kizer in a phone call the Hill. PVA’s leadership has ex- concentration in agriculture at all lev- earlier this week that there is one area pressed its concerns to me as well. Over els, because it ultimately is fair to nei- where I believe decentralization and 75 percent of their membership, a larg- ther food producers nor food consum- certainly the shifting of resources is er percentage than any other veterans ers. having a very negative effect on one of service organization, rely on the VA And it is also the reason that I plan the VA’s core missions, and that is, the for all or part of their specialized to vote for ‘‘Amendment E,’’ an initi- provision of specialized services for health care needs. For these individ- ated measure that will appear on the veterans with spinal cord injury and uals with chronic and catastrophic dis- November 3rd, 1998 South Dakota gen- dysfunction. abilities, any erosion in the care they eral election ballot. This measure cor- Mr. President, the Congress man- require can be life threatening. Aubrey responds very closely to a similar dated in P.L. 104–262 that the VA would indicated that something as simple as maintain its capacity to provide spe- measure in Nebraska, which has been a pad for a wheel chair can make a big cialized services, such as care given in deemed constitutional by the United difference for a veteran. States Supreme Court, and has allowed VA’s 23 Spinal Cord Injury (SCI) cen- I have come to believe that PVA’s Nebraska to maintain both market ters. Many have wondered, and rightly concerns need to be addressed. I further share and number of producers much so I believe, that budget pressures, re- believe that any erosion in staffing, better than its neighboring states, in- organization and decentralization of bed availability or the quality of care cluding South Dakota. I’m not telling management have created the incen- at our nations VA Spinal Cord Injury any South Dakotan how to vote on this tive for local managers to downgrade Centers cannot stand without a review these expensive specialized programs, or any other issue, but I do want to add of the underlying reasons, and that the generally shifting resources and staff my voice to those who believe the VA must direct the resources to fix the out of one area to make up for short- move toward the corporatization of our problems in order to comply with the falls in others areas. Costs are thereby family farming system has gone too intent of Congress as mandated in the reduced at the expense of the care for far. We have far too much at stake to statutes. the veterans who need it the most. In an era of tight budgets, local hos- simply sit silently by while the best Specialized programs, including blind pital administrators and managers food producing system ever devised by rehabilitation, amputation care, spe- don’t see these programs, such as the humankind is allowed to die a slow and cialized health programs, as well as Spinal Cord Injury programs, as being painful death.∑ spinal cord injury care, are core dis- ‘‘National Programs.’’ Ignoring the na- f ciplines of the VA health care system. They, least of all, should be subject to tional mandates, local managers acting THE VA HEALTH CARE SYSTEM under Dr. Kizer’s administrative decen- AND DR. KENNETH W. KIZER re-engineering until all aspects of that care have been analyzed from a head- tralization guidelines have been left to ∑ Mr. SESSIONS. Mr. President, I rise quarters perspective. I don’t think al- do whatever they felt was warranted. to make a few remarks concerning the lowing numerous mangers to make We may disagree on the numbers of re- VA health care system, a system that that kind of decision is in the national ported beds and staff in SCI centers, is currently undergoing dramatic interest or in the interest of our veter- but even GAO has criticized the inaccu- changes and reorganization. I would ans. racy of VA data collection efforts. So, note that these changes, in turn, to in- Former Senator Alan Simpson from it should not be surprising that a num- clude managerial reforms, facility con- Wyoming, then Chairman of the Senate ber of Senators have questioned VA’s solidations, and reallocation of re- Committee on Veterans’ Affairs, pre- procedures and policies as applied to sources, all initiated by the Under Sec- sided over the passage of the legisla- managing its specialized programs. retary for Health, Dr. Kenneth W. Kizer tion protecting specialized services. Paralyzed veterans, I think, are the M.D., M.P.H., are having a dramatic Addressing this particular provision, only true judges of the state of the impact on when, where, and how VA is he said: ‘‘VA is required to maintain health care they receive. They are the providing for our veterans, many of special programs (such as treatment of reason the VA health care system ex- whom are in my home state of Ala- spinal cord dysfunction, blind rehabili- ists. If paralyzed veterans have a con- bama. tation, amputation and mental illness) cern then the Congress must listen, The private health care sector is at least at the current level. On a per and more importantly, if warranted we likewise undergoing massive manage- capita basis, these services are expen- must act on their behalf. rial and resource changes. We saw evi- sive to provide and it is not the intent On September 29, 1998, I wrote to my dence earlier this week of the erosion of the Committee to allow VA to re- colleague from Pennsylvania Veterans in care for elderly Americans, for in- duce them in order to pay for other Committee Chairman ARLEN SPECTER stance, when a number of HMO’s de- kinds of routine care.’’ expressing my concerns in this matter. cided not to participate any further in Mr. President, I am afraid what Sen- I indicated that ‘‘I will consider plac- Medicare+Choice. Over at the VA, ator Simpson and the Congress feared ing a hold on the re-nomination’’ of Dr. using managed care models, Dr. Kizer could happen to specialized programs Kenneth Kizer, ‘‘until my concern re- also shifted inpatient care to out- in general and spinal cord injury pro- garding the maintenance of specialized patient care and heightened the focus grams specifically under VA’s current services within the Veterans Health of primary care at the expense of spe- reorganization initiatives is, in fact, Administration is adequately ad- cialty care and specialized services. So happening. dressed.’’ elderly veterans, and those in special- Nearly a month ago, I had a visit Mr. President, I want to commend ity care programs around the country, from Mr. Aubrey L. Crockett, the Senator SPECTER, and the Committee are under the same stresses as their ci- President of the Mid-South Chapter of for its support in this matter. The vilian neighbors. Paralyzed Veterans of America. Aubrey Committee met every request I had in Dr. Kizer apparently likes decentral- represents the health care interests of a timely fashion. Moreover, it helped ized decision making, and I cannot say 1830 spinal cord dysfunctional veterans coordinate a solution acceptable to all that I necessarily disagree with that in Alabama. As he sat confined to his parties. America’s veterans owe Sen- style. It can be very effective at times wheel chair, he raised serious concerns ator SPECTER a debt of gratitude for his and in certain organizations. He has that the VA was not maintaining the hard work on their behalf. given local VA managers incentives quality and quantity of its specialized The solution I had in mind when I and authority to design and run their health care services for the over 120,000 wrote to Dr. Kizer was to bring the own health care operations independ- veterans nationwide with spinal cord reins of control for SCI programs back ent of VA’s National Headquarters. In dysfunction. to the National Headquarters level and S12232 CONGRESSIONAL RECORD — SENATE October 9, 1998 in the process elevate the controls over ciate it if you would specifically address the resentation in all specialized programs: Chief policy and resources and restore a establishment of a centralized operational Consultant, Mental Health Strategic greater degree of national guidance and authority for the SCI program; the resources Healthcare Group; Chief Consultant, Pros- oversight. In doing so, I hoped we and authority necessary to run that program thetics and Sensory Aids Strategic office to include such oversight as treatment Healthcare Group; Clinical Program Man- would be guaranteeing for some time guidelines, staffing and bed modeling; rela- ager, Spinal Cord Injury and Disorders Stra- to come that these changes would meet tionship to local and regional managers, and tegic Healthcare Group; and Director, Blind the needs of our paralyzed veterans and compliance reporting procedures or other ac- Rehabilitation Service. These individuals conform to the mandated statutes. tions the Department deems necessary to have substantive expertise and policy guid- Mr. President, I am pleased to report comply with this management structure. ance and provide critical oversight of these that Dr. Kizer has responded to my Sincerely, specialized programs. In response to a wholly concerns with a suggested list of ad- JEFF SESSIONS, separate inquiry from that raised by your ministrative and policy changes that U.S. Senator. concerns, I have been advised that the VA’s would bring additional control over the General Counsel confirmed VHA’s compli- DEPARTMENT OF VETERANS AFFAIRS, ance with 38 U.S.C. § 7306 in an August 14, spinal cord injury program. Washington, DC, October 8, 1998. 1998, memorandum. I request that my letter to Dr. Kizer Hon. JEFF SESSIONS, Effective management of our specialized dated October 5, 1998, and his letter of U.S. Senate, programs is a VHA-wide responsibility. VHA policy recommendations dated October Washington, DC. has a management structure that physically 8, 1998 be printed in the RECORD imme- DEAR SENATOR SESSIONS: I wanted to fol- places personnel in a decentralized manner, diately following this statement. low-up with you in writing to underscore my as appropriate. In our experience, we have I believe I have Dr. Kizer’s commit- commitment to maintaining capacity, im- found that we often get better program lead- ment to a series of positive improve- proving access, and enhancing coordination ership when individuals remain clinically ac- of care to meet the specialized needs of our ments to our specialized programs. I tive. In the case of the Chief Consultant, Spi- most vulnerable veterans. I believe that we nal Cord Injury and Disorders, Dr. Margaret look forward to seeing the fruits of his do not differ in our views that maintaining Hammond, a national SCI expert, serves in labor and those of the departments he the Veterans Health Administration’s (VHA) this capacity from the Seattle VA Medical supervises. Similarly, and with the specialized programs is of paramount impor- Center. Dr. Hammond’s efforts have been help of the Senate Committee on Vet- tance. widely praised, including by many members erans’ Affairs, I intend to keep a close As I have said on several occasions, I be- of the Paralyzed Veterans of America. watch on these policy changes and the lieve VHA’s programs and services for cer- While VA is in compliance with current tain special disability groups are the heart of Spinal Cord Injury Program in particu- law, I believe that some additional measures the Department of Veterans Affairs’ (VA) could be taken to reinforce our ongoing com- lar. I have no intention of letting Au- health care program. These special VA pro- mitment to SCI programs. Accordingly, I in- brey or the other 1830 Spinal Cord dys- grams include those for veterans with spinal tend to take the following steps to strength- functional veterans in Alabama down. cord injury, blindness, traumatic brain in- en Headquarters’ role in these matters, This body needs to make certain that jury, amputations, serious mental illness should I be reconfirmed for a full term as the VA is maintaining its capacity to and post traumatic stress disorder. It would Under Secretary for Health. provide specialized health care services be unthinkable for VHA to retreat from its First, decision-making authority for any and that it is doing as much as it can commitment to the specialized needs of vet- SCI-related mission changes, construction, erans who rely on VA for these services. Fur- staffing, or bed level proposals will be cen- to care for all our 26 million veterans— ther, it is my intent to take advantage of op- tralized to Headquarters. In the future, be- all the time. That has always been the portunities to improve and provide better fore a VISN will be allowed to make changes, intent of Congress and I am certain it services, as science and new technologies ad- it must have the approval of the Under Sec- always will be. vance. retary for Health, following consultation The letters follow: I share your interest in ensuring that VA with the Chief Consultant, SCI/D and Chief UNITED STATES SENATE, is in compliance with current laws related to Officer, Patient Care Services. A directive to Washington, DC, October 5, 1998. specialized programs. It is my understanding all network offices and facilities will be Dr. KENNETH W. KIZER, M.D., that the Department currently is in compli- issued to effect this. Special Assistant to the Secretary, Depart- ance with the law, as outlined below. Addi- Second, national guidelines will be devel- ment of Veterans Affairs, 810 Vermont Av- tionally, I intend to implement additional oped so that patient referral procedures are enue NW, Washington, DC. measures should I be confirmed for a new 4- uniform across the VA healthcare system DEAR DR. KIZER; I am glad we had a brief year term. and to ensure that complex specialty care is chance to speak this afternoon. As I told As required by legislation, the Department provided at the appropriate site. Addition- you, I am ready to remove my hold on your has submitted two reports to Congress on ally, SCI health care Circular M2, Part 24 re-nomination for the position of Under Sec- maintaining our capacity for these special- will be revised and updated. Dr. Margaret retary for Health once you clarify for me in ized programs—one in May 1997 and one in Hammond, Chief Consultant, SCI/D, will lead writing what action(s) you and the Depart- June 1998. Our reports to Congress document these efforts, which will involve the full ment intend to take to comply with the stat- compliance with 38 U.S.C. § 1706, which re- range of stakeholders in the process. utory mandates for the specialized treat- quires the maintenance of capacity for spe- Third, some weeks ago I directed VHA’s ment and rehabilitative needs of disabled cialized services. Nationally, the number of Chief Officer, Patient Care Services to con- veterans (including veterans with spinal cord veterans treated in the six programs was tract with an outside consultant to look at dysfunction, blindness, amputation and men- maintained or increased for all categories capacity and quality of VA care for veterans tal illness) identified in section 1706, Title 38 but amputation, which declined by 2%. (Of with spinal cord dysfunction. Until this U.S.C. and staffing requirements in section note, this latter statistic is, in fact, a posi- study has been undertaken, reviewed, and 7306 (f), Title 38 U.S.C. tive finding since it reflects the greater em- evaluated, the expired directive related to VA’s massive reorganization efforts cou- phasis that has been placed on preserving nurse staffing levels for SCI units will be re- pled with chronic budget pressures have limbs, and better management of veterans at issued. Additionally, to improve oversight placed great stress on management and pa- risk for amputation, which has resulted in and management, the SCI/D Strategic tients alike. While many of my colleagues fewer amputations per year.) Still, we recog- Healthcare Group staff will be increased. The have complimented you on your manage- nize that VA’s data gathering and validation Chief Network Officer will also be asked to ment initiatives, Alabama’s paralyzed veter- can be improved and that the multiple data identify a single individual among his Head- ans are concerned that in the VA’s haste to sources and different ways of interpreting quarters staff to coordinate local SCI issues re-engineer itself, managers are shifting data have given rise to several issues and with the Chief Consultant SCI/D and the vital resources and staff out of specialized concerns related to reporting capacity. In Under Secretary for Health. programs. I think we would both agree that early December 1998, VA will convene a na- Finally, SCI operating beds will be re- SCI, blind rehabilitation, amputation care, tional data summit to review and find solu- moved from the performance measure for bed and special mental health programs are the tions to address these issues, and we are in- occupancy that is contained in network di- core of the VA health care system. Alabama viting to participate in this conference a rectors’ performance contracts, or the meas- veterans over and over again have told me wide array of stakeholders (e.g., veterans ure will be dropped altogether. The following that this type of care cannot be matched service organizations, Congress, and the In- performance indicators related to SCI/D are anywhere outside VA. Hence, you can well spector General) who review our data to as- already in place for fiscal year 1999, and the understand why I am interceding on their be- sess quality and system improvements. network directors’ accountability for these half. I understand that you also are concerned will be closely scrutinized: admission within In order for me to release my hold on your about compliance with 38 U.S.C. § 7306, which 24 hours for acute care; an appointment with re-nomination, I would appreciate your re- addresses the expertise of VHA Headquarters a specialist in 7 days; and transfer of semi- sponse as soon as possible. In addition to my staff in specialized services. VHA Head- emergent care to an SCI unit within two overall compliance concerns, I would appre- quarters staff includes highly qualified rep- weeks. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12233 In summary, I believe VA services for SCI mied by ideology and interest groups— petition a hallmark of our school sys- are already second to none, but we continue both on the right and on the left. tems; and the resources to help schools to seek opportunities to improve. Currently, Nowhere more than in the venerable fix their crumbling infrastructure, get VA cares for veterans with spinal cord dys- United States Senate, where we pride serious about crime, end social pro- function in 23 SCI centers, 29 SCI support ourselves on our ability to work to- motion, restore a sense of community clinics, and 120 primary care teams at non- SCI center facilities. With respect to capac- gether across partisan lines, we have to our schools, and send children to ity, from fiscal year (FY) 1996 to FY 1997, VA been stuck in a place where Democrats school ready to learn. treated 4% more SCI patients and applied 3% and Republicans seem to talk past each My legislation will begin the Vol- more dollars to SCI care, although the num- other. Democrats are perceived to be untary State Reform Incentive Grants ber of beds and staff were decreased. A nota- always ready to throw money at the so school districts that choose to fi- ble improvement in timeliness from FY 1996 problem but never for sufficient ac- nance and implement comprehensive to FY 1997 also was achieved for SCI pa- countability or creativity; Republicans reform based on proven high-perform- tients. For acute care, meeting the ‘‘timeli- are perceived as always ready to give a ance models can bring forth change. We ness for admission’ standard (one day) im- voucher to go somewhere else but rare- will target investments at school dis- proved from 41% to 91%, and for routine care tricts below the national or state me- meeting the ‘timeliness of appointments’ ly supportive of investing sufficient re- standard improved from 87% to 100%. It is sources to make the public schools dian and leverage local dollars through my intent that the new program enhance- work. It’s the reason why we spent matching grants. This component of ments will build upon these measures, re- weeks debating a bill this past spring— the legislation will aim to make every sulting in improved clinical outcomes and the major elementary and secondary public school in this country essen- enhanced quality of care. education legislation of this 105th Con- tially a charter school within the pub- Again, thank you for sharing your commit- gress—that would put $7 into the pock- lic school system—giving them the ment to VA’s services for special veteran chance to quickly and easily put in et of the average public school student populations—a commitment with which I place the best of what works in any in this country—and we called that re- fully concur. Please do not hesitate to con- other school—private, parochial or form. tact me if you wish to meet or further dis- public—with decentralized control, cuss these matters. No wonder parents are losing faith in site-based management, parental en- Sincerely, our ability to reform public education. gagement, and high levels of volunteer- KENNETH W. KIZER. No wonder they’re looking elsewhere: ism—while at the same time meeting f in too many of our debates, whichever high standards of student achievement side wins, on whichever bill, our chil- A PLAN TO EDUCATE OUR and public accountability. I believe dren continue to be the losers. We all CHILDREN public schools need to have the chance need to change that outcome and I re- to make changes not tomorrow, not ∑ Mr. KERRY. Mr. President, countless spectfully suggest there is a different five years from now, not after another hours will be spent in this country, and road we can meet on to make it hap- even on this Senate floor, debating the study—but now—today. pen. And my legislation will help us re- issues that today fill the front pages of That is why I will be introducing in our newspapers. Some of the talk titil- store accountability to public edu- the next Senate the kind of comprehen- cation by injecting choice and competi- lates, some of it disgusts—and Mr. sive education reform legislation that I President, it’s clear that some of it re- tion into a public school system badly believe will provide us a chance to in need of both. We are not a country quires the very serious attention of come together not as Democrats and this Senate. that believes in monopolies. We are a Republicans, but as the true friends of country that believes diversity raises But the tribulations of public life in parents, children, teachers, and prin- quality. We wouldn’t accept one America today do not provide us suffi- cipals—to come together as citizens— source, one company, one choice of cient excuses for inaction when it and help our schools reclaim the prom- food, or clothing or cable television. It comes to addressing the crises in this ise of public education in this country. is time we end a system that restricts country that don’t make the front We need to ask one question: ‘‘What each child to an administrator’s choice pages, but should. And there can be no provides our children with the best and not a parent’s choice where pos- excuses for any of us—or for anyone in education?’’ And whether the answer is sible. It is time we adopt a competitive this country—for our failure to do conservative, liberal, or simply prac- system of public school choice with something to help the 50 million chil- tical, we need to commit ourselves to grants awarded to schools that meet dren in our public schools today—chil- that course. parents’ test of quality and assistance dren whose reading scores show that of As we being to chart that new course, to schools that must catch up rapidly. 2.6 million graduating high school stu- I would remind this body of a convic- That is why I’ll be proposing that we dents, one-third are below basic read- tion shared by all of us: no one in create an incentive for schools all ing level, one-third are at basic, only America wants the federal government across the nation to adopt public one-third are proficient and only trespassing on a cherished local prerog- school choice to the extent logistically 100,000 are at a world class reading ative. But the federal government can feasible. level; children who edge out only South and should leverage resources to So if schools will embrace this new Africa and Cyprus on international schools everywhere; it can help teach- framework—every school a charter tests in science and math, with 29 per- ers, parents, administrators, and com- school in the public school system, cent of all college freshmen requiring munity leaders take up the work they choice, competition, and accountabil- remedial classes in basic skills. all agree is so badly needed. To say ity—what then are the key ingredients Mr. President, we know that public that there is no federal role in edu- of their excellence? education is in trouble—so much trou- cation is to call upon the federal gov- My legislation will allow our schools ble that some argue it could implode ernment to abandon 50 million chil- to strip away the bureaucracy that sti- from the weight and pressure of bloat- dren. fles creativity and remember that what ed bureaucracy, stagnant administra- I believe this Senate will reject that counts in any public school is how our tion and inadequate classroom re- notion and accept instead legislation students fare academically. You don’t sources. to help every school make a new start identify a good school by the number of These statistics speak not just of a on their own, an invitation to all par- administrators you hire. In fact, we crisis—they speak of our collective ties in the name of saving public edu- impose so many rules and regulations failure to come together and do what it cation in America. My bill will be built on our schools ‘‘from above’’ that we takes to give every child in this coun- on challenge grants for schools to pur- forget teaching happens ‘‘on the try a real chance at success. We are sue comprehensive reform and adopt ground’’—in a school building, in a stuck both nationally and locally—un- the proven best practices of any other classroom. But you won’t find account- able or unwilling to answer the chal- school funds to help every school be- ability there because it’s been frac- lenge, trapped in a debate that is little come an accountable charter school tured and scattered in hundreds of dif- more than an echo of old and irrelevant within the public school system; the ferent offices and titles. We need to re- positions with promising solutions sty- incentives to make choice and com- store leadership and accountability and S12234 CONGRESSIONAL RECORD — SENATE October 9, 1998 put our faith in our principals—holding graduates if they agree to come back and Senator LIEBERMAN with regard to them accountable for the way their and teach in our public schools. charter schools; and the leadership and teachers teach and the way ultimately, I hope to build support for this legis- passion, of course, of the senior Sen- their students learn. lation around the consensus that we ator from my state, Senator KENNEDY, That means we need to do better in share a common obligation to build a who has led the fight in this Senate to guaranteeing that every one of our na- system where every principal and every reauthorize the Higher Education Act tion’s 80,000 principals have the capac- teacher in every school can be held ac- and has provided this body with over 30 ity to lead—the talents and the know- countable. Every parent wants that; years of unrivaled leadership and sup- how to do the job; effective leadership every child deserves it. And we should port for education. I have already skills; the vision to create an effective all be held accountable if we are un- begun talking about this legislation team—to recruit, hire, and transfer willing to make those changes. But I with colleagues from both sides of the teachers and engage parents. Without also hope to build a consensus in this aisle and the response thus far has been those abilities, the title of principal Senate that recognizes that you can’t positive. Today I will release a detailed and the freedom to lead means little. hold someone accountable if they don’t outline of the legislative proposals I I’ll be proposing an ‘‘Excellent Prin- have the tools to succeed. am developing, and I look forward to cipals Challenge Grant’’ which would I also want to help our schools close working with all of my colleagues here provide funds to local school districts the resource gap in public education: in the Senate to shape legislation that to train principals in sound manage- helping to fix our crumbling schools we can all support—bold legislation ment skills and effective classroom with a federal tax credit so that 5,000 that sends the message—finally—to practices. This bill helps our schools school districts can rebuild and mod- parents and children struggling to find make being a principal the great call- ernize their buildings; helping to elimi- schools that work, and to teachers and ing of our time. nate the crime that turns too many principals struggling in schools simul- But as we set our sights on recruiting hallways and classrooms into areas of taneously bloated with bureaucracy a new generation of effective prin- violence by giving school districts in- and starved for resources—to prove to cipals, we must acknowledge what to- centives to write discipline codes and them not just that we hear their cries day’s best principals know: principals create ‘‘Second Chance’’ schools with a for help, but that we will respond not can only produce results as good as the range of alternatives for chronically with sound bites and salvos, but with teachers with whom they must work. disruptive and violent students—every- real answers. To get the best results, we need the thing from short-term in-school crisis Mr. President, I ask a brief summary best teachers. And we must act imme- centers, to medium duration in-school of my education plan be printed in the diately to guarantee that we get the suspension rooms, to high quality off- RECORD. best as the United States hires 2 mil- campus alternatives; helping every The summary follows: lion new teachers in the next ten years, child come to school ready to learn by A PLAN TO EDUCATE AMERICA’S CHILDREN 60% of them in the next five years. I funding successful, local early child- TITLE I—VOLUNTARY STATE REFORM INCENTIVE will be offering legislation that empow- hood development efforts; and making GRANTS ers our states and school districts to schools the hubs of our communities If education reform is to succeed in Ameri- find new ways to hire and train out- once more by providing support for ca’s public schools, we must demand nothing standing teachers: a Teacher Recruit- after school programs where students less than a comprehensive reform effort. The ment Incentive Grant, to raise teach- receive tutoring, mentoring, and val- best public school districts are simulta- ers’ salaries and attract a larger group ues-based education—the kind of pro- neously embracing a host of approaches to of qualified people into the teaching grams that are open to entire commu- educating our children: high standards and nities, making public schools truly accountability, sufficient resources, small profession; a Ongoing Education Grant class sizes, quality teachers, motivated stu- to provide continued training for our public. dents, effective principals, and engaged par- nation’s teachers. Mr. President, I am not just asking ents and community leaders. We must not be This legislation will allow states to Democrats and Republicans to meet half-hearted in our efforts to make reform reconfigure their certification policies where our students are and where our feasible for every school in this country. We and their teaching standards to address children are educated. I will be offering cannot address only one challenge in edu- the reality that our standards for legislation that helps us do it, that cation and ignore the rest. We must make teachers are not high enough—and at forces not just a debate, but a vote— available the tools for real comprehensive the same time, they are too rigid in yes or no, up or down, change or more reform so that every aspect of public edu- of the same. Together we can embrace cation functions better and every element of setting out irrelevant requirements our system is stronger. that don’t make teaching better; they new rights and responsibilities on both So let us now turn to a bold answer: Let’s make it harder for some who choose to sides of the ideological divide and make every public school in this country es- teach. We know we need to streamline admit that the answer to the crisis of sentially a charter school within the public teacher certification rules in this coun- public education is not found in one school system. Let’s give every school the try to recruit the best college grad- concept alone—in private school chance to quickly and easily put in place the uates to teach in the United States. vouchers or bricks and mortar alone. best of what works in any other school—pri- Today we hire almost exclusively edu- We can find answers for our children by vate, parochial or public—with decentralized control, site-based management, parental cation majors to teach, and liberal arts breaking with the past in every re- engagement, and real accountability. graduates are only welcomed in our spect—breaking with the instinct for Several schools across the country have country’s top private schools. My legis- the symbolic, and especially the notion devised ways to accomplish this by raising lation will allow states to rewrite the that a speech here and there will make standards to improve student achievement, rules so every principal has the same education better in this country. It lowering class size, improving on-going edu- right as headmasters at private can’t and won’t. But our hard work to- cation for teachers, and reducing unneces- schools—to hire liberal arts graduates gether in the coming year—Democrats sary middle-level bureaucracy. Numerous and Republicans together—can make a high-performance school designs have also as teachers and measure their com- been created such as the Modern Red School- petency; while at the same time allow- difference. Education reform can work house program, the Success for All program, ing hundreds of thousands more teach- in a bi-partisan way. We know that and the new American Schools program. The ers to achieve a more broad based Congressman OBEY and PORTER in the results of extensive evaluations of these pro- meaningful certification—the National House have succeeded in establishing grams have shown that these designs are Board for Professional Teaching Stand- promising demonstration projects on successful in raising student achievement. ards certification with its rigorous test comprehensive reform—they know this Studies show that these many of these suc- of subject matter knowledge and teach- isn’t a partisan issue. And there is no cessful programs cost less than the national shortage of good ideas or leadership median of basic education revenues per pupil ing ability. for K–12 school districts. If we brought all My legislation will build a new teach- here in the Senate—tireless leadership schools up to the spending level of the na- er recruitment system for our public from Senator MOSELEY-BRAUN on the tional median, all schools could finance schools—providing college scholarships question of crumbling schools; bi-par- these high-performance school designs. for our highest achieving high school tisan creativity from Senator COATS Therefore, we should raise spending to the October 9, 1998 CONGRESSIONAL RECORD — SENATE S12235 state or the national median, whichever is based on state and local school spending rel- remediation of behavior and maintenance of higher, thereby allowing every school dis- ative to the state’s per capita income. Fund- academic progress. Although some may re- trict to finance and implement comprehen- ing would be $250 million in FY99, $500 mil- sist this program for fear that it will be used sive reform based on proven high-perform- lion in FY2000, $750 million in FY2001, $1 bil- to isolate disabled students, the purpose is to ance models and teach students to the high- lion in FY2002 and $4 billion in FY2003. provide additional interventions for troubled est standards (58 percent of school districts Fully fund Title I so almost all school dis- students, not to change disciplinary actions are below either the national or their state tricts would receive some funds to imple- against disabled students. median). Although money alone will not ment compressive school reform (90 percent Add a new title to the Elementary and Sec- solve the problems in poor school districts, it of all local school districts receive Title ondary Education Act (ESEA) to establish a is impossible to solve without adequate re- funds). Funding would be $200 million in competitive state grant program for school sources. Rather than piecemeal, fragmented FY99, $400 million in FY2000, $600 Million in districts to establish ‘‘Second Chance’’ pro- approaches to reform, the Comprehensive FY2001, $1 billion in FY202, and $4 billion in grams. To receive the funds school districts School Reform program is intended to foster FY2003. must enact district-wide discipline codes coherent schoolwide improvements that TITLE II—ENSURE THAT CHILDREN BEGIN which use clear language with specific exam- cover virtually all aspects of a school’s oper- SCHOOL READY TO LEARN ples of behaviors that will result in discipli- ations. nary action and have every student and par- Recent scientific evidence conclusively To ensure that the vast majority of school ent sign the code. Additionally, schools may demonstrates that enhancing children’s districts could engage in comprehensive use the funds to promote effective classroom physical, social, emotional, and intellectual school reform, Title I of the Elementary and management; provide training for school development will result in tremendous bene- Secondary Education Act (ESEA) should also staff and administrators in enforcement of fits. Many local communities across the be fully funded. Title I is the primary federal the code; implement programs to modify stu- country have developed successful early help for local districts to provide assistance dent behavior including hiring school coun- childhood efforts and with additional re- to poor students in basic math and reading selors; and establish high quality alternative sources could expand and enhance opportuni- skills. Title I currently provides help to placements for chronically disruptive and ties for young children. We must enhance local school districts for additional staff and violent students that include a continuum of private, local, and state early successful sup- resources for reading and math, curriculum alternatives from meeting with behavior port programs for young children by provid- improvements, smaller classes, and training management specialists, to short-term in- ing resources to expand and/or initiate suc- poor students’ parents to help their children school crisis centers, to medium duration in- cessful efforts for at-risk children from birth learn to read and do math. However, Title I school suspension rooms, to off-campus al- to age six. only reaches two-thirds of poor students be- ternatives. Funding would be $100 million per cause of inadequate funding. Since 90 percent Provide funds to States to make grants to local early childhood development year and distributed to states through the of school districts receive at least some Title Title I formula. I funds, fully funding Title I and allowing collaboratives. States would fund parent school districts to use these additional funds education and home visiting classes and have TITLE V—TEACHER RECRUITMENT AND ON-GOING for comprehensive reforms would give great flexibility to decide whether to also EDUCATION INCENTIVE GRANT schools the ability to implement comprehen- support quality child care, helping schools Approximately 61,000 first-time teachers sive reforms so that all students reach the stay open later for early childhood develop- begin in our nation’s public schools each highest academic standards. ment activities, or health services for young year. Since the average starting salary for Most poor school districts lack the re- children. Communities would be required to teachers is a little more than $21,000 per sources to meet the vital educational needs document their unmet needs and how they year, we need to raise their compensation to of all of their students. A well-crafted pro- would use the funds to improve outcomes for attract a larger group of qualified people gram with the federal and state governments young children so they begin school ready to into the teaching profession. Since the aver- working in close cooperation with one an- learn. Funding would be $100 million in FY99, age student loan debt of students graduating other could make major studies in closing $200 million in FY2000, $300 million in college who borrowed money for college is these gaps and improving student perform- FY2001, $400 million in FY2002, and $1 billion $9,068, the most effective way to provide fed- ance. in FY2002. eral assistance to states to raise teachers’ Comprehensive school reform will help TITLE III—EXCELLENT PRINCIPALS CHALLENGE salaries is to provide loan forgiveness. In ad- raise student achievement by assisting pub- GRANT dition, scholarships ought to be available to lic schools across the country to implement the most talented high school students in Principals face long hours, high stress, and effective, comprehensive school reforms that every state in return for a commitment to too little pay. To overcome these obstacles, are based on proven, research-based models. teach in our public schools (North Carolina principals in successful schools must have ef- No new federal bureaucracy would be estab- has successfully recruited future teachers fective leadership skills. However, too few lished—the program would be implemented from within public high schools with the lure principals get the training they need in man- at the state level. Furthermore, no funds of college scholarships). agement skills to ensure their school pro- could be used to increase the school bureauc- States would be given funds to provide vides an excellent education for every child. racy. School districts would implement a poor school districts the ability to raise Attracting, training, and retaining excellent comprehensive school reform program and teacher salaries to attract and retain the principals is essential to helping every local evaluate and measure results achieved. best teachers. Funding would be provided school district become world class. Schools would also provide high-quality and through the Title I ‘‘targeted grant’’ formula Establish a grant program to states to pro- continuous teacher and staff professional de- (the minimum threshold would be 20% poor vide funds to local school districts to attract velopment and training, have measurable children or 20,000 poor children). Funding and to provide professional development for goals for student performance and bench- would be $500 million for FY 99, $500 million elementary and secondary school principals. marks for meeting those goals, provide for in FY 2000, $1 billion in FY 2001, $1 billion in Activities would include developing manage- meaningful involvement of parents and the FY 2002, and $2 billion in FY 2003. Addition- ment and business skills, knowledge of effec- local community in planning and imple- ally, full-time state certified public school tive instructional skills and practices, learn- menting school improvement, and identify teachers who teach in low-income areas or ing about educational technology, etc. Fund- how other available federal, state, local, or who teach in areas with teacher shortages ing would be $20 million per year. States and private resources will be utilized to coordi- such as math, science, and special needs local school districts would contribute 25 nate services to support and sustain the would have 20 percent of their student loans percent of the total although poor school dis- school reform effort. forgiven after two years of teaching, an addi- tricts would be exempt from the match. The funding for the program would move tional 20 percent after three years, an addi- towards the goal of providing every school TITLE IV—ESTABLISH ‘‘SECOND CHANCE’’ tional 30 percent after four years, and the re- district in the country enough funds to im- SCHOOLS FOR TROUBLED STUDENTS maining 30 percent after five years. The pro- plement a high quality, performance-based Parents, students, and educators know gram would be funded at $50 million each model of comprehensive school reform at a that serious school reform cannot succeed year. Finally, an additional $10 million cost of $4,270. This would mean providing without an orderly and safe learning envi- would be provided as grants to states that enough funds to bring every district up to ronment. The few students who are unwilling wish to provide signing bonuses for first- the state or the national median, whichever or unable to comply with discipline codes time teachers who teach in low-income areas is higher (it is estimated that $30 billion an- and make learning impossible for the other or areas with teacher shortages. nually would be needed to bring the per-pupil students need behavior management pro- Provide $10 million in grants for states to expenditure of every school district up to the grams and high quality alternative place- establish a program to provide college schol- national or state average). To move towards ments. Suspending or expelling chronically arships to the top 20 percent of SAT achiev- this goal, the federal government would pro- disruptive or violent students is not effective ers or grade point average in each state’s vide funds and states would match this in the long run since these students will fall high school graduating class in return for a money (states would provide 10 to 20 percent behind in school and may cause additional commitment to become a state certified with poorer states providing a smaller trouble since they are frequently completely teacher for five years. States would contrib- match). To receive these funds, states would unsupervised; these students need alter- ute 20 percent of the funds for the scholar- have to provide a minimum spending effort native placements that provide supervision, ships. Five percent of the total funds could S12236 CONGRESSIONAL RECORD — SENATE October 9, 1998 be used by local school districts to hire staff Provide $10 million in grants to states that CAMBODIA: WHERE DO WE GO to recruit at the top liberal arts, education, have established or chose to establish a FROM HERE? and technical colleges (districts would be en- state-wide or a district-wide program that couraged to establish a central regional re- requires high school students to perform ∑ Mr. MCCONNELL. Mr. President, I cruiting office to pool their resources). One community service to receive a high school rise today to discuss the latest develop- percent of the total funds would be used by diploma. States would determine what con- ments in Cambodia and my thoughts the Secretary of Education to create a na- stitutes community service, the number of on how the United States should re- tional hotline for potential teachers to re- hours required, and whether to exempt some spond to these developments. ceive information on a career in teaching. low-income students who hold full-time jobs Over the past decade the United TITLE VI—TEACHER QUALITY ENHANCEMENT while attending school full-time. The grants States has contributed hundreds of GRANTS would be matched dollar for dollar with half millions of dollars towards peace in We need to provide on-going education in of the match coming from the state and local Cambodia. What benefit has been education agencies and half coming from the teaching skills and academic content knowl- achieved as a result of this assistance? edge, establish or expand alternative routes private sector. to state certification, and establish or ex- Is Cambodia better off now than it was TITLE VIII—EXPAND THE NATIONAL BOARD pand mentoring programs for prospective 10 years ago? I would argue that recent teachers by veteran teachers (according to CERTIFICATION PROGRAM FOR TEACHERS political developments have undercut the National Commission on Teaching and The National Board for Professional most gains this assistance may have America’s Future, beginning teachers who Teaching Standards, which is headed by Gov. provided—and worse, our own policies have had the continuous support of a skilled Jim Hunt, established rigorous standards have contributed to the most recent mentor are more likely to stay in the profes- and assessments for certifyuing accom- deterioration considerably. sion). plished teaching. To pass the exam and be On July 26 of this year, the Cam- Establish Teacher Quality Enhancement certified, teachers must demonstrate their Grants, a competitive grant awarded to bodian people turned out in over- knowledge and skills through a series of per- whelming numbers to vote in par- states to improve teaching. The grants formance-based assessments which include would have a matching requirement and teaching portfolios, student work samples, liamentary elections. The ruling gov- must be used to institute state-level reforms videotapes and rigorous analyses of their ernment pointed to this impressive to ensure that current and future teachers classroom teaching and student learning. turnout and claimed it was representa- possess the necessary teaching skills and Additionally, teachers must take written tive of a free and fair process. In fact, academic content knowledge in the subject tests of their subject-matter knowledge and the election was termed by one Amer- areas they are assigned to teach. In addition, their understanding of how to teach those ican observer as the ‘‘Miracle on the establish Teacher Training Partnership subjects to their students. The National Grants, designed to encourage reform at the Mekong.’’ With all due respect, I ques- Board certification is offered to teachers on local level to improve teacher training. One tion how any informed observer could a voluntary basis and complements but does of the uses of these funds would be for states make that evaluation. For one to be- not replace state licensing. The National to establish, expand, or improve alternative Commission on Teaching for America’s Fu- lieve this appraisal, one must com- routes to state certification for highly quali- ture called for a goal of 105,000 board cer- pletely ignore the events dating from fied individuals from other occupations such tified teachers by the year 2006 (since the the 1997 coup. as business executives and recent college exam began recently, only about 2,000 teach- In truth, the events which lead up to graduates with records of academic distinc- ers are currently board certified). Since the the July 26 balloting made the pros- tion. Another use would be to mentor pro- exam costs $2,000, many teachers are cur- spective teachers by veteran teachers. Pro- pects for free and fair elections impos- vide $100 million per year for these new rently unable to afford it. sible. The opposition parties infra- teacher training programs so that states can Provide $189 million over five years so that structure had been completely disman- improve teacher quality, establish or expand states have enough money to provide a 90% tled following the July 1997 coup alternative routes to state certification for subsidy for the National Board certification d’etat, orchestrated by Hun Sen and his new teachers, and mentor new teachers by of 105,000 teachers across the country. Cambodian Peoples Party (CPP). As veteran teachers. TITLE IX—HELP COMMUNITIES TO MODERNIZE many as 100 opposition party members TITLE VII—INVEST IN COMMUNITY-BASED AMERICA’S SCHOOLS were reported killed, and those who re- SCHOOLS AND COMMUNITY SERVICE mained in Cambodia were forced to As many as five million children are home More than 14 million children in America alone after school each week. Most juvenile attend schools in need of extensive repair or campaign in fear if they dared speak involvement in crime—either committing replacement. According to a comprehensive out at all. The CPP controlled access crime or becoming victims themselves—oc- survey by the General Accounting Office to media and thereby prevented opposi- curs between 3 p.m. and 8 p.m. Children who (GAO) requested by Senator Moseley-Braun, tion candidates from effectively get- attend quality after-school programs, how- Sentor Kerry and others, the repair backlog ting their message out. The National ever, tend to do better in school, get along totals $112 billion. Researchers at George- Election Commission (NEC), which had better with their peers, and are less likely to town University found that the performance of students assigned to schools in poor condi- oversight of the election process, was engage in delinquent behavior. Expansion of stacked almost entirely with CPP both school-based and community-based tion fall by 10.9 percentage points below after-school programs will provide safe, de- those in buildings in excellent condition. party loyalists. Each of these factors velopmentally appropriate environments for To help rebuild modernize, and build over on their own would be troubling, but children and help communities reduce the 5,000 public schools, provide federal tax cred- when looked at collectively they are an incidents of juvenile delinquency and crime. its to school districts to pay interest on outrageous example of a government In addition, many states and localities such nearly $22 billion in bonds at a cost of $5 bil- which acts with impunity and has no as Maryland and the Chicago public school lion over five years. regard for democratic principles. system require high school students to per- Despite this reality, the Clinton Ad- TITLE X—ENCOURAGE PUBLIC SCHOOL CHOICE form community service to receive a high ministration joined many in the inter- school diploma. The real world experience Many public schools have implemented helps prepare students for work and instills national community, including the so- public school choice programs where stu- called ‘‘Friends of Cambodia,’’ in push- a sense of civic duty. dents may enroll at any public school in the Expand the 21st Century Learning Centers public school system. In contrast to vouch- ing the parties to participate in the Act by providing $400 million each fiscal year ers for private schools, public school choice July 26 elections. I thought then, and I to help communities provide after-school increases options for students but does not continue to believe now, that this was care. Grantees will be required to offer ex- use public funds to finance private schools a mistake. To use an old phrase—with panded learning opportunities for children which remain entirely unaccountable to tax- and youth in the community. Funds could be ‘‘Friends’’ like these, who needs en- used by school districts to provide: literacy payers. emies? How could we ask these brave programs; integrated education, health, so- Provide $20 million annually in grants to men and women to risk their lives and cial service, recreational or cultural pro- states that choose to implement public take part in a process which was grams; summer and weekend school pro- school choice programs. School districts doomed to failure? To make matters grams; nutrition and health programs; ex- could spend the funds on transportation and worse, the U.S. Government now seems panded library services, telecommunications other services to implement a successful bent on ignoring the reality of the and technology education programs; services public school choice program. Up to 10 per- for individuals with disabilities; job skills cent of the funds may be spent by a school flawed election. Rather, it is pushing assistance; mentoring; academic assistance; district to improve low performing school opposition leaders to participate in a and drug, alcohol and gang prevention ac- districts that lose students due to the public parliament at the mercy of a brutal tivities. school choice program.∑ dictator who has no regard for the rule October 9, 1998 CONGRESSIONAL RECORD — SENATE S12237 of law. So, in the end, the United active opposition parties. In this letter, It is imperative that the United States States has invested hundreds of million they detail not only the election dis- continue to take a principled stand in Cam- of dollars and the Cambodian people putes, but their opposition to the cur- bodia. To this end, we ask that the U.S. Con- rent nominee to be ambassador to gress continue to suspend official assistance have little to show for our efforts. to the current government—formed by a Mr. President, since July 26th, the Cambodia. coup—until the current crisis is resolved. environment has actually deteriorated Number three, the United States More than anything, if Hun Sen were to suc- rather than improved. Opposition lead- should identify Hun Sen for what he is, ceed in securing international legitimacy ers filed hundreds of protests with the a criminal. Congressman ROHRABACHER and the resumption of aid, it would be noth- National Election Commission, only to has introduced a resolution in the ing less than a reward for his lawless and re- see each of these complaints dismissed House which calls on the United States pressive ways. We ask that the U.S. Congress without consideration. Legitimate to assist in the collection of informa- and Administration condemn the use of vio- tion that would lead to trying Hun Sen lence in the strongest of terms. Too many claims of fraud have been ignored as people have died in the hands of reckless the CPP seeks to cement its claim to before an international tribunal for Cambodian leaders, like Hun Sen and Pol so-called ‘‘legitimate’’ authority. Let’s violation of human rights. I think Con- Pot. Finally we urge you not to replace Am- examine a few of these problems: gressman ROHRABACHER should be com- bassador Kenneth Quinn after his term ex- Prior to the July ballot, the NEC se- mended for his leadership, and I am pires in Phnom Penh, and certainly not with cretly and without debate changed the hopeful similar legislation will pass in Kent Wiederman who we believe may be less formula by which parliament seats the Senate this year. than supportive of the cause of democracy in would be assigned. Only after the votes Finally, we should oppose the current Cambodia. The position should be left vacant Cambodian government being allowed as a message to Hun Sen that there are no were tabulated was this new formula rewards for corruption, manipulation of elec- announced. To no one’s surprise, the a seat at the United Nations. These steps are essential to staking tions, and violence. We know a precedent result was an additional five seats for exist for such action in neighboring Burma. Hun Sen’s party, thereby preventing out America’s position as a defender of We thank you for your consideration of our CPP from being in the minority. Had democracy and rule of law in Cam- views, and we remain committed to bringing the original formula been in place, the bodia. Strong actions by the U.S. Gov- about peaceful, democratic change in Cam- parties of Prince Ranariddh and Sam ernment can give hope to the heroic bodia. Yours Sincerely, Rainsy could have combined their seats members of the opposition as they con- tinue to strive for democracy in the PRINCE NORODOM to form a majority of parliament. RANARIDDH, Only July 27, as ballots were being face of repression. Before I yield the floor, I will ask President, processed, the NEC ordered the count- FUNCINPEC. unanimous consent that remarks from ing stopped. According to a senior SAM RAINSY, opposition leader Sam Rainsy be print- member of the NEC, this halt in the President, The Sam ed in the RECORD. Mr. Rainsy was in- proceedings occurred because the oppo- Rainsy Party. vited and prepared to appear before the sition parties had taken the lead. Not subcommittee on East Asian and Pa- REMARKS BY SAM RAINSY, PRESIDENT, SAM surprisingly, when counting was re- cific Affairs of the Senate Foreign Re- RAINSY PARTY, CAMBODIA—SUBCOMMITTEE newed, CPP regained control and went lations Committee earlier this week, ON EAST ASIAN AND PACIFIC AFFAIRS, SEN- on to be credited with 41 percent of the ATE COMMITTEE ON FOREIGN RELATIONS, OC- but at the last minute was not allowed total vote. TOBER 2, 1998 Finally, the violence continues. Im- to testify due to objections raised by Mr. Chairman, it is a distinct and unique mediately following the election, large- some on the committee. Mr. President, pleasure for me to appear before you today. ly peaceful demonstrations broke out this is a shame. I am honored to inform this Subcommittee Sam Rainsy, along with Prince in downtown Phnom Phen. CPP armed of the political situation in Cambodia follow- Ranariddh and Son Soubert represent ing the July parliamentary elections and to thugs and soldiers broke up the dem- the leaders of those who are working to highlight the important role the United onstrations and dismantled the sym- establish democracy and respect for States can play in bringing democracy, the bolic ‘‘democracy square’’ located near human rights and rule of law. Had this rule of law, and lasting peace to my country. the National Assembly. Opposition The last few months, weeks, and days have not been the final hectic week of our leaders were subject to a travel ban been among the most difficult of my life, and Congressional session I would have wel- and intimidation tactics. Finally, and it has been equally trying for all Cambodians comed the opportunity to host Sam most alarmingly, several Buddhist who support democracy. I know this Sub- Rainsy before the Foreign Operations committee is familiar with the brutal crack- monks were murdered and reportedly Committee. Absent that opportunity, I down of pro-democracy demonstrators in tortured. Phnom Penh by forces of the Cambodian Mr. President, the question must be believe it is important that the Senate have the ability to review Mr. Rainsy’s People’s Party (CPP). Buddhist monks and asked, how should the United States students have been found tortured and mur- proceed in the face of these develop- statement, and accordingly I renew my dered, and many continue to be missing. I ments? I believe there are several con- request that his remarks be printed in know you are familiar with the illegal and crete steps we can and must take to the RECORD. unconstitutional travel ban that prevented The remarks follow: send the signal that we will not toler- me and all opposition members from leaving ate Hun Sen’s brutal disregard for his DEAR SENATOR HELMS: This letter is an ap- Cambodia one week ago—a ban that was per- peal to you and your Committee to take im- sonally instituted by Hun Sen. And I know own nation and people. mediate action in condemning the recent that you are aware of the CPP-biased elec- Number one, we must continue to bloodshed in Cambodia caused by soldiers tion machinery that denied opposition par- withhold direct assistance to the Cam- and police loyal to Hun Sen. Over the past ties due process in the counting of ballots bodian Government. This year’s foreign few days, many protestors have been injured and resolution of election complaints. operations appropriations bill will do and Buddhist monks killed as these forces There is no one more disappointed and sad- just this. Only when each of the elec- have tried to silence the Cambodian people. dened by the total failure of the July elec- tion disputes have been dealt with We ask you what kind of government mur- tions than myself. However, the opposition ders Buddhist monks? in Cambodia warned from the very beginning could aid be released. We do not recognize the results of the July that democracy cannot be built on an un- Number two, we must not appoint an election. The Cambodian People’s Party’s democratic foundation that lacks the rule of Ambassador to succeed Ambassador (CPP) domination of the Constitutional law. Throughout the electoral process—even Quinn. Many in the opposition have al- Council and the National Election Commit- before we returned to Phnom Penh from ready spoken out against the current tee have created a grossly uneven playing exile in Bangkok—we pointed out to the nominee and I share their concerns. field. Our appeals and complaints of vote international community many serious flaws However, regardless of the nominee, we fraud and counting irregularities have been in the political environment and in election should send a strong signal to Hun Sen dismissed out of hand and in violation of preparations. For example, our party struc- that we will not recognize his illegit- law. Make no mistake, Cambodia is a coun- tures and property had been totally de- try ruled by a single man intent on destroy- stroyed or looted during Hun Sen’s July 1997 imate government. Mr. President, I ask ing any and all political opposition. Since coup d’etat, and our membership was trau- unanimous consent to insert a letter last year’s coup d’etat, scores of our support- matized. I could not agree more with the from Prince Norodom Ranariddh and ers have been murdered, beaten, and intimi- characterization of the pre-election period as Sam Rainsy, leaders of the two most dated by Hun Sen’s loyalists. ‘‘fundamentally flawed.’’ S12238 CONGRESSIONAL RECORD — SENATE October 9, 1998 Mr. Chairman, we were reluctant partici- Hun Sen expect that the world will legiti- But the day before the operation, the pants in this election and at one point even mize his rule through these elections and insurance company said she could not withdrew from the process. But under heavy cloak his dictatorial behavior in the mantle have the operation in her home town pressure, we accepted the assurances of the democracy. Cambodian democrats are asking with her expert doctors. She would international community that the elections the United States to be the standard-bearer would be assessed fairly. We were wrong in again while there is still a chance to get have to fly to another state because accepting these assurances, and today Cam- Cambodia back on the road to democracy. the insurer had a contract with a dif- bodia is on the brink of affirming the rule of We call upon the United States to: make it ferent hospital that was cheaper. This man, not instituting the rule of law. I know clear that it will refuse to recognize any was literally the day before the oper- this to be true, as I spent ten days under the Cambodian government that is formed prior ation. Can you imagine the mental an- protection of the United Nations in Phnom to the resolution of election-related com- guish of going through chemotherapy, Penh because of Hun Sen’s pointed threats. plaints filed by opposition parties, or any coming to the day before a bone mar- The United Nations and many other spon- government formed under duress; strongly row transplant, and then being told sors and observers of the election did not ef- condemn the Cambodian government for its fectively challenge the conditions that made human rights abuses and ongoing intimida- ‘‘not now, not with your doctor, not in a fair election impossible. Throughout the tion of opposition activists; continue to your state, not in your home town, who campaign, our activists were harassed, withhold official aid, as it is currently doing, knows when’’—all with your life hang- threatened, and killed with complete impu- and to oppose IMF and other multilateral ing in the balance? nity. While the United Nations has done a lending. Let me make clear that humani- Her doctors protested that she was commendable job in documenting the abuses tarian and demining assistance should con- too weak and needed immediate treat- of the Cambodian government, not one tinue; vote to keep Cambodia’s UN seat va- ment. The hospital in Charleston of- human rights violator has been prosecuted. cant and to oppose other international rec- fered to do the operation for equal or And the killings and torture continue. ognition; leave the U.S. ambassador’s post Other shortfalls in the elections included vacant after the departure of Ambassador less payment than the out-of-state hos- limited and unequal access to state con- Kenneth Quinn until a credible government pital. But the insurer would not yield trolled media, an election framework that is formed and to ensure that next U.S. am- and tried to fly her alone, holding her was biased and that lacked transparency, a bassador is someone with strong credentials medical files in her wheelchair, to the recounting process that failed to conduct re- as a supporter of democrats; intensify efforts other hospital. She got them to ap- counts, a reluctance to reconcile all ballots, to deter the Cambodian government’s role in prove a relative to accompany her. and an illegal change in the method for seat illegal logging, drug-trafficking, money- When she arrived, there was no one allocation that gave the ruling party a ma- laundering and acts of terrorism such as the jority of seats with only 41 per cent of the of- to meet her at the airplane with a grenade attack on march 30, 1997 that killed wheelchair, no hotel room reservation, ficial vote. at least 16 people; and, make public the Fed- The burden of proof that this election was eral Bureau of Investigation’s report into the indeed, no ‘‘room at the inn.’’ These legitimate no longer lies with the opposi- March 1997 grenade attack. things had been promised. tion—as some asserted immediately after Mr. Chairman, as a target of assassination So she eventually showed up at an the polls closed—it is now the responsibility in 1997 and again just a few weeks ago out- appointment with the new doctor cho- of Hun Sen and the CPP. side of the Ministry of Interior, I know how sen by the insurance company to learn The Cambodian people are confused, frus- dangerous Cambodian politics can be. The about her case. He said he couldn’t do trated and angry. They don’t understand United States has an opportunity to make an why many in the international community the operation for another three weeks, historic contribution to Cambodia’s future but that she should be getting her care are supporting the announced election re- by demonstrating its leadership and support- sults and pressuring the opposition to join a ing democracy and human rights. Today, I in Charleston, South Carolina at the coalition. Why isn’t the Cambodian govern- look to you for hope and assistance. Medical University because they had ment pressured into obeying Cambodian laws Thank you for the opportunity to testify.∑ the best people. In fact, he had been and its Constitution? (At the request of Mr. DASCHLE, the taught by the surgeon in Charleston. If the opposition is forced into a coalition without being able to resolve underlying following statement was ordered to be She had no choice but to fly home. problems, Cambodia will continue to be printed in the RECORD.) She contracted pneumonia in her under the complete control of Hun Sen. His- f weakened condition and is in the hos- tory has shown that he will do whatever it pital right now, trying to recover. Be- takes to stay in power. Over the past five PATIENT’S BILL OF RIGHTS cause of the delay, she has to go years, under Hun Sen’s leadership, Cambodia ∑ Mr. HOLLINGS. Mr. President, be- through chemotherapy again before she has had unrestrained corruption, human cause of my schedule I was unable to can have the operation. rights violations, and environmental de- attend the vote to table the Patients’ That should not happen in America. struction. He kept his political opposition in Bill of Rights. The tabling of this legis- No one should be forced to go through check while building up his own political and military machine, in part, by making deals lation was wrong. We are telling the chemotherapy twice because an insur- with some of the worst Khmer Rouge leaders American people that the insurance in- ance company overrides an expert sur- and incorporating them into the govern- dustry is more important than the pa- geon’s orders and delays critical medi- ment. Anyone who thought Hun Sen was the tients. We must not let the insurance cal treatment. It should not happen, solution to Cambodia’s problems or that he companies take the place of family and there is no one in this world who offered ‘‘stability’’ should know better by physicians in deciding what is appro- can do anything about it except the now. priate care for patients. United States Congress. I understand all of Cambodia’s problem Let me share with my colleagues a Because of a Federal statute insurers cannot be solved at once, and the opposition has demonstrated its willingness to com- situation that occurred in South Caro- cannot be sued for making injurious promise. However, there are some issues lina. Ms. Lisa Baughman lives in medical decisions and are not account- where compromise is impossible, such as the Charleston. She has a type of cancer able to many state requirements. I do resolution of election related disputes before called ‘‘multiple myeloma.’’ Her doc- not know what we tell someone like a coalition government is formed and the de- tors at the Medical University of South Lisa Baughman if we go home this year velopment of an independent judiciary that Carolina are the best in the country at without fixing this problem we created. enforces and protects the rights of all citi- treating her particular condition, and Congress has stood by and watched zens, not only members of the CPP. Without proper and full resolution of elec- they gave her chemotherapy in prepa- while ‘‘managed’’ health care has tion complaints, the elections will have no ration for a bone marrow transplant. taken over. Perhaps that was the credibility among the Cambodian people. For That is not a light matter, Mr. Presi- wisest course for a while, because we better or for worse, the Cambodian people dent. Anyone who has ever watched a do not have all the solutions. But if we look to the United States as the standard- friend or relative fight cancer knows it do not agree on basic groundrules for bearer of democracy and the conscience of is serious and takes courage, prayer, fairness, patients have no protection the world. It was the United States that took and all the support you can find to go and it is a race to the bottom. We can- Hun Sen’s coup seriously last year and the through that. not blame HMO’s, insurance, or any- U.S. Congress that acted so swiftly to re- Her doctors did what doctors have to strict official foreign assistance to Cam- thing else if the Congress continues to bodia. The reaction of Congress was one of do now. They called the insurance com- refuse to act. the few times that Hun Sen has received a pany and got ‘‘pre-approval’’ that the Let me list some of the groundrules message from the international community bone marrow transplant would be cov- that we should enact with the Pa- other than one of accommodation. ered. tients’ Bill of Rights: October 9, 1998 CONGRESSIONAL RECORD — SENATE S12239 People trained in medicine, not ac- also helped illustrate to me the most ing its obligations, including those re- countants should make life and death important legislative priorities of the lating to its weapons of mass destruc- medical decisions. Every patient business community. David Spencer tion programs. should know their doctor is free to give was invaluable in putting together To implement those decisions, the his or her best advice and decide the these innovative, informative con- Security Council authorized the forma- best course of treatment, without re- ferences. tion of a Special Commission, which striction from the insurance company. David is one of those people who be- has come to be known as UNSCOM, to Every patient should know that spe- lieves anything is possible through ‘‘carry out immediate on-site inspec- cialty care is available if needed. technology. I am confident that he is tion of Iraq’s biological, chemical and Citizens should know when they go the right person to lead the Michigan missile capabilities, based on Iraq’s to the emergency room, that their in- Virtual University. Walsh College will declarations and the designation of any surance will pay instead of haggling surely miss him. My staff and I will additional locations by the Special over the bill and denying payment miss having him here, but I am hopeful Commission itself’’ and requested the afterwards. The last thing someone that his new position as president of Director General of the International needs while rushing a sick child to the the Michigan Virtual University we Atomic Energy Agency (IAEA) to carry emergency room is a gnawing worry will have many new opportunities to out similar responsibilities for Iraq’s about payment. work together. nuclear program. Additionally, the UN Women should be able to visit their I wish Dr. David Spencer much con- Security Council decided that Iraq OB/Gyn without going through a gate- tinued success.∑ shall unconditionally undertake not to keeper. f use, develop, construct or acquire People with longterm illnesses also weapons of mass destruction and called should be able to see their specialists CONCERN OVER RECENT for UNSCOM to conduct ongoing mon- without getting a referral every time. DEVELOPMENTS IN IRAQ itoring and verification of Iraq’s com- People pay premiums to get health ∑ Mr. LEVIN. Mr. President, today, pliance. The detailed modalities for care, not a runaround. along with Senators MCCAIN, these actions were agreed upon by an Some people say this is radical so- LIEBERMAN, HUTCHISON and twenty- exchange of letters in May 1991 that cialized medicine, but I think people three other Senators, I am sending a were signed by the UN Secretary Gen- see through that. This argument is an letter to the President to express our eral, the Executive Chairman of old red herring and it is starting to concern over Iraq’s actions and urging UNSCOM and the Minister of Foreign smell. the President ‘‘after consulting with Affairs of Iraq. What we are talking about with this Congress, and consistent with the U.S. Thus, Iraq unconditionally accepted Patients Bill of Rights is just the Constitution and laws, to take nec- the UN Security Council’s demands and health care we always thought we had, essary actions (including, if appro- thereby achieved a formal cease-fire but now it is being taken away. I have priate, air and missile strikes on sus- and the withdrawal of coalition forces spent decades pushing medical research pect Iraqi sites) to respond effectively from its territory. and building the medical research base to the threat posed by Iraq’s refusal to Mr. President, UNSCOM has sought in South Carolina. I was trying to build end its weapons of mass destruction to carry out its responsibilities in as expertise in life-saving treatments in programs.’’ expeditious and effective way as pos- my home state so my constituents At the outset, I believe it would be sible. UNSCOM Executive Chairman could be cared for, not so they could be useful to review the events that led up Richard Butler and his teams, however, denied and sent somewhere else on a to the requirement for the destruction have been confronted with Iraqi obsta- day’s notice.∑ of Iraq’s weapons of mass destruction cles, lack of cooperation and lies. As f programs. At the time that Iraq unlaw- UNSCOM has noted in its own docu- fully invaded and occupied its neighbor ment entitled ‘‘UNSCOM Main BEST WISHES TO DR. DAVID A. Kuwait, the UN Security Council im- Achievements’’: ‘‘UNSCOM has uncov- SPENCER posed economic and weapons sanctions ered significant undeclared proscribed ∑ Mr. ABRAHAM. Mr. President, I rise on Iraq. weapons programmes, destroyed ele- today to congratulate Dr. David A. After Iraqi forces had been ousted ments of those programmes so far iden- Spencer, President and CEO of Walsh from Kuwait by the U.S.-led coalition tified, including equipment, facilities College, on his new appointment as and active hostilities had ended, but and materials, and has been attempt- president of the newly formed Michi- while coalition forces were still occu- ing to map out and verify the full ex- gan Virtual University. pying Iraqi territory, the UN Security tent of these programmes in the face of Dr. Spencer has brought new ideas, Council, acting under Chapter VII of serious efforts to deceive and conceal. enthusiasm, and a love for innovative the UN Charter, conducted a review of UNSCOM also continues to try to ver- learning to Walsh College. His vision of Iraq’s history with weapons of mass de- ify Iraq’s illegal unilateral destruction the future of Walsh College had no lim- struction and made a number of deci- activities. The investigation of such its. And while he helped make Walsh sions in April 1991 to achieve its goals, undeclared activities is crucial to the College a world-class business institu- including a formal cease fire. verification of Iraq’s declarations on tion, he made sure to showcase the With respect to Iraq’s history, the its proscribed weapons programmes.’’ brilliance and innovation of the stu- Security Council noted Iraq’s threat Mr. President, I will not dwell on the dents and faculty. This is a man who is during the Gulf War to use chemical numerous instances of Iraq’s failure to not only creative and thoughtful, but weapons in violation of its treaty obli- comply with its obligations. I would willing to share credit that he deserves gations, Iraq’s prior use of chemical note, however, that in accepting the with many, many others. weapons, Iraq’s use of ballistic missiles February 23, 1998 Memorandum of Un- I, personally, will hate to see David in unprovoked attacks, and reports derstanding that was signed by the UN leave Walsh College. He has been an in- that Iraq attempted to acquire mate- Secretary General and Iraq’s Deputy valuable partner to me and my office in rials for a nuclear weapons program Foreign Minister, that ended Iraq’s our efforts to reach out to and learn contrary to its treaty obligations. prior refusal to allow UNSCOM and the more about the Michigan business com- After reviewing Iraq’s history, the IAEA to perform their missions, the munity. We worked hand-in-hand on an Security Council decided that ‘‘Iraq UN Security Council warned Iraq that annual small business conference shall unconditionally accept the de- it will face the ‘‘severest con- through which I have gathered ex- struction, removal, or rendering harm- sequences’’ if it fails to adhere to the tremely valuable information about less, under international supervision’’ commitments it reaffirmed in the the needs of the business community. of its weapons of mass destruction pro- MOU. Suffice it to say that on August On many occasions, I have been able to grams and all ballistic missiles with a 5, 1998, Iraq declared that it was sus- use the information I gathered at these range greater than 150 kilometers and pending all cooperation with UNSCOM conferences as examples during legisla- conditioned the lifting of the economic and the IAEA, except some limited tive debates. These conferences have and weapons sanctions on Iraq’s meet- monitoring activities. S12240 CONGRESSIONAL RECORD — SENATE October 9, 1998 In response, on September 9, 1998, a sein had cooperated with UNSCOM and In light of these developments, we urge unanimous UN Security Council con- the IAEA from the start and had met you, after consulting with Congress, and con- demned Iraq’s action and suspended its the other requirements of the UN Secu- sistent with the U.S. Constitution and laws, sanctions’ reviews until UNSCOM and rity Council resolutions, including the to take necessary actions (including, if ap- accounting for more than 600 Kuwaitis propriate, air and missile strikes on suspect the IAEA report that they are satisfied Iraq sites) to respond effectively to the that they have been able to exercise and third-country nationals who dis- threat posed by Iraq’s refusal to end its their full range of activities. Within appeared at the hands of Iraqi authori- weapons of mass destruction programs. the last week, Iraq’s Deputy Foreign ties during the occupation of Kuwait, Sincrely, Minister refused to rescind Iraq’s deci- those sanctions could have been lifted Carl Levin, Joe Lieberman, Frank R. sion. Throughout this process and de- a number of years ago. I support the Lautenberg, Dick Lugar, Kit Bond, Jon spite the unanimity in the UN Security UN’s oil-for-food program and regret Kyl, Chris Dodd, John McCain, Kay Council, Iraq has depicted the United that Saddam Hussein took more than Bailey Hutchison, Alfonse D’Amato, Bob Kerrey, Pete V. Domenici, Dianne States and Britain as preventing five years to accept it. In the final analysis, as the Foreign Ministers of Feinstein, Barbara A. Mikulski. UNSCOM and the IAEA from certifying Thomas Daschle, John Breaux, Tim Iraqi compliance with its obligations. Bahrain, Kuwait, Oman, Qatar, Saudi Johnson, Daniel K. Inouye, Arlen Spec- To review, Iraq unlawfully invaded Arabia and the United Arab Emirates, ter, James Inhofe, Strom Thurmond, and occupied Kuwait, it’s armed forces comprising the Gulf Cooperation Coun- Mary L. Landrieu, Wendell Ford, John were ejected from Kuwait by the U.S.- cil stated at the time of the February F. Kerry, Chuck Grassley, Jesse Helms, led coalition forces, active hostilities crisis: ‘‘responsibility for the result of Rick Santorum.∑ ceased, and the UN Security Council this crisis falls on the Iraqi regime demanded and Iraq accepted, as a con- itself.’’ f dition of a cease-fire, that its weapons I ask that the letter to the President of mass destruction programs be de- be printed in the RECORD. TRIBUTE TO NORTEL NETWORKS stroyed and that such destruction be The letter follows: U.S. SENATE, ∑ Mr. FAIRCLOTH. Mr. President, I accomplished under international su- COMMITTEE ON ARMED SERVICES, rise today to congratulate one of North pervision and permanent monitoring, Washington, DC, October 9, 1998. Carolina’s good corporate citizens for and that economic and weapons sanc- THE PRESIDENT, receiving two prestigious international tions remain in effect until those con- The White House, Washington, DC. awards this week. Nortel Networks is a ditions are satisfied. DEAR MR. PRESIDENT: We are writing to ex- global supplier of telecom and data Mr. President, by invading Kuwait, press our concern over recent developments networking solutions and has been an Iraq threatened international peace in Iraq. Last February, the Senate was working on employer in North Carolina since 1974. and security in the Persian Gulf re- a resolution supporting military action if di- They employ over 9,000 people in the gion. By its failure to comply with the plomacy did not succeed in convincing Sad- Raleigh-Durham area, over 32,000 em- conditions it accepted as the inter- dam Hussein to comply with the United Na- ployees across the United States and national community’s requirements for tions Security Council resolutions concern- approximately 80,000 people in over 150 a cease-fire, Iraq continues to threaten ing the disclosure and destruction of Iraq’s countries. Over 40 percent of Nortel international peace and security. By weapons of mass destruction. This effort was Networks’ worldwide revenues are gen- its refusal to abandon its quest for discontinued when the Iraqi government re- affirmed its acceptance of all relevant Secu- erated from their facilities in Raleigh- weapons of mass destruction and the rity Council resolutions and reiterated its Durham. means to deliver them, Iraq is directly willingness to cooperate with the United Na- defying and challenging the inter- Nortel Networks’ CEO John Roth re- tions Special Commission (UNSCOM) and the ceived ‘‘The Emerging Markets CEO of national community and directly vio- International Atomic Energy Agency (IAEA) lating the terms of the cease fire be- in a Memorandum of Understanding signed the Year Award,’’ which acknowledges tween itself and the United States-led by its Deputy Prime Minister and the United companies whose expansion into coalition. Nations Secretary General. emerging markets has contributed sig- Mr. President, it is vitally important Despite a brief interval of cooperation, nificantly to the corporation and has however, Saddam Hussein has failed to live for the international community to re- benefitted the countries involved. This up to his commitments. On August 5, Iraq award was presented at a special event spond effectively to the threat posed by suspended all cooperation with UNSCOM and Iraq’s refusal to allow UNSCOM and the IAEA, except some limited monitoring during the IMF/World Bank annual the IAEA to carry out their missions. activity. meeting this week in Washington. To date, the response has been to sus- As UNSCOM Executive Chairman Richard Nortel Networks was also recognized pend sanctions’ reviews and to seek to Butler told us in a briefing for all Senators this week as ‘‘The World’s Most Global in March, the fundamental historic reality is Company’’ in the electricals sector, by reverse Iraq’s decision through diplo- that Iraq has consistently sought to limit, macy. the editors of Global Finance, a maga- mitigate, reduce and, in some cases, defeat zine known for its reporting of world fi- Mr. President, as UN Secretary Gen- the Security Council’s resolutions by a vari- eral Kofi Annan noted when he success- ety of devices. nancial matters. Other companies who fully negotiated the memorandum of We were gratified by the Security Coun- have received this award in the past in- agreement with Saddam Hussein in cil’s action in unanimously passing Resolu- clude IBM, Citibank, Reuters, and February, ‘‘You can do a lot with diplo- tion 1194 on September 9. By condemning Avon. macy, but of course you can do a lot Iraq’s decision to suspend cooperation with These awards are well deserved. A UNSCOM and the IAEA, by demanding that country’s communications structures, more with diplomacy backed up by Iraq rescind that decision and cooperate fairness and force.’’ It is my sincere fully with UNSCOM and the IAEA, by decid- capabilities and services—its hope that Saddam Hussein, when faced ing not to conduct the sanctions’ review ‘‘infostructure’’—is directly linked to with the credible threat of the use of scheduled for October 1998 and not to con- its standard of living. The network force, will comply with the relevant duct any future such reviews until UNSCOM technologies Nortel Networks has UN Security Council Resolutions. But, and the IAEA, report that they are satisfied brought to emerging markets has I believe that we must carefully con- that they have been able to exercise the full helped improve the standard of living range of activities provided for in their man- for the citizens of these countries, pro- sider other actions, including, if nec- dates, and by acting under Chapter VII of the essary, the use of force to destroy sus- United Nations Charter, the Security Coun- viding them a much faster ascent into pect sites if compliance is not cil has sent an unambiguous message to Sad- the 21st Century. Advanced network achieved. dam Hussein. technologies promise greater opportu- Mr. President, the Iraqi people are We are skeptical, however, that Saddam nities to improve their education and suffering because of Saddam Hussein’s Hussein will take heed of this message even health care, as well as expand business noncompliance. The United States has though it is from a unanimous Security and employment. Council. Moreover, we are deeply concerned no quarrel with the Iraqi people. It is that without the intrusive inspections and I hope my colleagues will join me in most unfortunate that they have been monitoring by UNSCOM and the IAEA, Iraq congratulating this world leader which subjected to economic sanctions for will be able, over time, to reconstitute its also happens to be a stellar North more than seven years. If Saddam Hus- weapons of mass destruction programs. Carolina corporation.∑ October 9, 1998 CONGRESSIONAL RECORD — SENATE S12241 MISS MICHIGAN SHANNON GRACE teer’’ public service positions on im- with his retirement at senior vice president CLARK portant state and local boards and and treasurer. Soon after, investor Warren commissions and as an advisor to May- Buffet brought the department store com- ∑ Mr. ABRAHAM. Mr. President, I rise pany. today to honor Shannon Grace Clark, ors and Governors for the last half cen- Money doesn’t bring him to this downtown who was crowned as Miss Michigan tury. His grace, good humor, extraor- office with its view of the towering USA 1999 on Sunday, May 24, 1998. dinary intelligence, and dedication NationsBank building, the one old-timers re- I am very proud to have her rep- have been powerful and good influences members as Maryland National. It isn’t a resent the State of Michigan, for Shan- for progress and unity in Maryland. yearning for fame that has him fielding non is a shining example of service Achieving 90 years of age for most calls, hustling to meetings, offering his con- sidered judgment on public policy. above self. Through her dedication to ‘‘normal’’ individuals, with rare excep- tion, implies retirement or reduced ac- Then why is he here, when he could be in family, church and local community, Aruba, Martha’s Vineyard, the Cape? she has made a tremendous impact on tivity. But among the several articles I ‘‘Well, you know, you touch on a real issue helping those who are less fortunate in am inserting in today’s CONGRESSIONAL there, I’d get restless if I weren’t doing any- society, enabling them opportunities of RECORD is an announcement in the thing,’’ he says. ‘‘I think about it every now self-sufficiency. July 30 edition of the Washington Post and then because I have no reason not to re- that Walter was unanimously elected tire. I’m not doing anything that obviously Her role has enabled her many oppor- someone else couldn’t do. But waking up in tunities, however, Shannon has shared to become the new President of the Maryland Board of Education. This the morning and not having a job just them with homeless women and chil- doesn’t appeal to me.’’ dren throughout the State of Michigan. public demonstration of confidence is a Bring up the Golden Years, and Sondheim She has tirelessly dedicated herself to continuing vindication of his effective- likely turns a deaf ear. There’s this crazy directly assisting those in need and to ness in undertaking difficult tasks. idea about retirement, as if people can easily I am also including an article from heightening public awareness to the walk away from what has sustained them. the July 25 Baltimore Sun which de- importance of helping people facing un- Retire, and do what? Sometimes there is a scribes Walter’s exceptional and inspir- consuming hobby or passion waiting. Some- fortunate circumstances. ing life of service. I know I express the times, the work is its own passion. Shannon’s platform ‘‘People Helping deep appreciation of his fellow Mary- Sally Michel, a longtime friend, notes how People,’’ comes to her naturally be- landers for his many decades of com- work can fuel a person’s life. Think of the cause she comes from a family dedi- great pianist Artur Rubinstein, practically mitment and their best wishes in his cated to the importance of family, blind and giving recitals at 89; or jazz trum- latest and most significant assignment. church and local community. Her par- peter Adolphus ‘‘Doc’’ Cheatham swinging at I ask that these articles be inserted at ents, the Reverend and Dr. Pam Clark 91; or George Burns at 100 with his cigars and this point in the RECORD, and I yield wisecracks. Now, think of Walter Sondheim. run the Pontiac Rescue Mission, a the floor. ‘‘You see that when people have a purpose, homeless and rehabilitation center in The article follows: a real serious purpose to their lives, that Pontiac, Michigan, which helps reclaim [From the Baltimore Sun, July 25, 1998] they stay alive a lot longer. Retirement is and rehabilitate the downtrodden of so- not a good thing,’’ says Michel. NOT THE RETIRING TYPE ciety. Yet Sondheim knows longevity has its Through the program, Reverend and (By M. Dion Thompson) downside. He says he can remember looking Doctor Clark designed and imple- Walter Sondheim is on the phone, trying to down the table in many board rooms and see- get out of being interviewed. He can’t under- ing three or four emeritus members sitting mented, many individuals have re- stand why the city’s newspaper is coming there, ‘‘every one of them sure that he could claimed their lives, strength, pride, around, yet again, to get the tale of his life. do the job better than I could, and they were character, their children and them- Who cares, he says. probably right.’’ selves. They have developed into pro- Yes, he is turning 90, and that is worth re- Now, he’s Mr. Emeritus. The position ductive members of society, and loving marking on. But all this fuss, the parties, doesn’t sit well with him. ‘‘You can’t vote, families, free from the chains of addic- the inquiring journalist. Is it really nec- and an emeritus means you’re not a partici- essary? Still, after only the slightest bit of tion and destructive lifestyles. pant anymore,’’ he says. nudging, he relents, which is to be expected He wonders if he has stayed too long. To build upon the accomplishments because, after all, Walter Sondheim is a nice Maybe he’s in the way. If his wife were alive, of her parents, she has formed a com- guy. she would tell him. mittee to raise additional financial On the scheduled day, he takes a seat be- But Janet dies six years ago come Septem- support for the women and children hind the desk of his 15th floor office at Balti- ber. They were married 58 years. He still program at the Pontiac Rescue Mis- more’s Legg Mason Tower and makes one wears his wedding ring. sion. Her efforts indeed are a fine last halfhearted try. ‘‘We never had a fight in 58 years. My ‘‘Why waste the time? It really is embar- model of leadership and selfless dedica- daughter said it was because we were both rassing, because I think my friends who too lazy,’’ he says and smiles a bit, then tion that will help those in need as well know me well figure. ‘There he goes again,’ ’’ talks about his loss. ‘‘To me it has been one as serving as an example for those to he says, then gets down to business. ‘‘Now, continuous period. I don’t mean a continuous follow. what do you want? . . . What’s on your period of mourning, but I think about her I want to express my congratulations mind? I feel sorry for you.’’ often. . . . Missing her is institutionalized in to Shannon Grace Clark and wish her He is painfully modest, sometimes excruci- me.’’ luck in the Miss USA pageant in Feb- atingly so. For 50 years he has been the con- Without her, he turned to his closets ruary. Most importantly, I would like summate citizen, advisor to mayors and gov- friends, asking them to send him an anony- ernors, a steady presence in his city’s dec- mous letter if they thought he was slipping. to thank her for her commitment to ades-long resurgence. He led the school board ‘‘I thought it was incredible, an incredible those who are less fortunate in soci- during desegregation. He was chairman of thing to do, to make that suggestion,’’ says ety.∑ Charles Center-Inner Harbor Management, Michel, who received one of the letters. ‘‘I f the organization that oversaw the renewal of was just very moved by it.’’ downtown. Abell Foundation President Robert C. TRIBUTE TO WALTER SONDHEIM, If he were a different kind of man, he could Embry, Jr., whose friendship with Sondheim JR. walk you down Charles Street, tug at your goes back nearly 30 years, also received one. ∑ Mr. SARBANES. Mr. President, this sleeve and say, ‘‘See, I made that happen. ‘‘I know that he worries and has expressed this publicly. ‘Has he overstayed his wel- past July Walter Sondheim, Jr., one of And over there, Me. again.’’ He could stand at the Inner Harbor and go on about how he, come? Is he losing his acuity? Are people hu- Maryland’s most distinguished citi- Jim Rouse and others turned this town moring him?’ ’’ says Embry. ‘‘But the oppo- zens, celebrated his 90th birthday with around. He is not that kind of man, not one site is true.’’ family and friends in Baltimore. It is to revel in yesterday’s glory to seek acco- Sondheim is on 24 boards and foundations. an accomplishment for anyone to reach lades for past successes. There is too much That sounds impressive, overwhelming, but this chronological milestone, but in to be done today. some meet once a year, some once a month, this instance, Walter’s nine decades Every workday he’s up early, dressed in a he says. When officials from elsewhere call the GBC about Baltimore and its redevelop- have marked an extraordinary record suit and tie and out the door as he has been for nearly 70 years. These days is senior ad- ment, they get Walter. He still talks to the of unparalleled public service to Balti- viser to the Greater Baltimore Committee. mayor, the governor. He was chairman of the more and the State of Maryland. He used to be president. ad hoc committee that picked the Hippo- As a successful business executive, He could be anywhere. He has the money. drome for an expanded center of performing Walter Sondheim has served in ‘‘volun- He career with Hochschild, Kohn & Co. ended arts. S12242 CONGRESSIONAL RECORD — SENATE October 9, 1998 ‘‘Walter is the quintessential public serv- But other members of the Maryland Board Sondheim, whose wife, Janet, died six ant,’’ says Mayor Kurt L. Schmoke. ‘‘He re- of Education would not hear of it. Yesterday, years ago and who has two children and two mains an important adviser in business and they unanimously elected the self-deprecat- grandchildren, gets asked all the time when political activities in this community. I just ing Baltimorean—the godfather of the he’ll retire. met with him as recently as this week to state’s school reform efforts—as their new ‘‘I have no idea,’’ he said. ‘‘Somebody may talk about downtown development.’’ president. tell me it’s time to do it. I keep a watchful It all started long before he was appointed A man who has urged friends to write him eye out for being past my time. And I have to the ‘‘Jewish slot’’ on the city school board anonymously when they felt it was time for some friends I expect to tell me when my in 1948. It started July 25, 1908, in the front him to ‘‘hang up the spikes,’’ Sondheim is time has come.’’ room, second floor of 1621 Bolton St. That’s now the oldest person in the country to lead But Schaefer believes Sondheim will never where he was born. He graduated from Park a statewide education board. hang up his spikes. ‘‘He’d be bored to death,’’ School in 1925, then went on to Haverford ‘‘I’m very grateful to all of you,’’ he told Schaefer said. ‘‘He couldn’t retire. He just College. There were 81 graduates in the class his colleagues yesterday. ‘‘It’s a nice thing couldn’t. Besides, nobody wants him to.’’ of ’29. A dozen remain. to do to an old man.’’ Sondheim’s agenda for the coming year is Although it’s a part-time job with no pay, On his yearbook page, the editors wrote: simple. heading the state board requires an ability ‘‘By simultaneously preserving his pride and ‘‘I think what I hope to do in the next to smooth out the ripples created by 12 refusing to take himself seriously, he has year,’’ he said, ‘‘is wake up every morning.’’∑ practically forced us to consider him seri- strong personalities. In the past months, f ously as one of the prides of the class.’’ board members have clashed over such issues Not much has changed in 70 years. In the as whether to require teachers-in-training to take reading courses and how to institute TRIBUTE TO THE SCHUYLKILL mid-1950s, his calm approach made Balti- TRAINING & TECHNOLOGY CEN- more the first school district south of the new high school exams for graduation. And Mason-Dixon Line to respond to the Supreme Sondheim, a consensus-maker par excel- TER PRACTICAL NURSING PRO- lence, was the best candidate to keep the Court’s landmark ruling outlawing ‘‘separate GRAM board on a fast track to education reform, but equal’’ education. Some one burned a board members said. He replaces Rose ∑ Mr. SANTORUM. Mr. President, I cross on the lawn of his Windsor Hills home, LaPlaca, whose term has expired. rise today to congratulate the Schuyl- but it didn’t stop him. ‘‘This is a man who’s a cut above every- kill Training & Technology Center on During the 1960s Mayor Thomas one,’’ said State Superintendent Nancy S. celebrating its 30th year of graduates D’Alesandro III sought his help. Grasmick, herself a recognized leader in ‘‘His calling card is integrity and, as I said in their Licensed Practical Nursing school reform. ‘‘Very few people have intel- (LPN) Program. before, he has no hidden agenda,’’ says ligence coupled with integrity. He is as intel- D’Alesandro. ‘‘My whole concept of Walter lectually sharp as someone half his age. Most In June, the program marked 30 was that he was a cut above.’’ people have lost more gray matter in their years of graduations with its 62nd day- He does not have a ‘‘typical’’ day. It de- thirties than he has in his lifetime.’’ time class and ninth part-time evening pends on where he is needed. Just the other Sondheim has a wry sense of humor that is class commencement. Since its start, day, he showed up for the Maryland Art almost always directed at himself. (A Navy the program’s class size has increased Place’s dedication of its miniature golf lieutenant in World War II, he never served course at Rash Field. He called himself from 33 graduates in 1968 to 55 grad- overseas—‘‘It could possibly be why we won uates this year. To mark the 30th anni- ‘‘Tiger Wouldn’t.’’ the war.’’ What did he do in the Navy? ‘‘I ‘‘Me, who’s opposed to all exercise,’’ he didn’t interfere.’’) versary of the program the Schuylkill says, of what turned into an awful day. He He was appointed president of the Balti- Training & Technology Center will tripped and fell on the 17th hole. ‘‘I ripped more City school board in 1954 on the same hold a celebration of the program and my suit beyond repair. I went to get my car, day the U.S. Supreme Court handed down the the success of its graduates on October it had a $20 ticket on it.’’ landmark Brown vs. Board of Education de- 18. He still drives his black Acura Legend, and segregation decision. He has headed the Over the past 30 years, acceptance of walks when there is a purpose. Not too long state’s Higher Education Commission. And ago he walked from his Harborview apart- in 1987, then-Gov. William Donald Schaefer LPNs by other health-care profes- ment to a dinner party on Federal Hill. The tapped him to head to Governor’s Commis- sionals has increased dramatically. hosts were very concerned. sion on School Performance, which in 1989 Today students are enrolling in the ‘‘You know, you shock people if you drive. released what has come to be known as the LPN Program because of multiple job You shock people if you walk,’’ he says. Sondheim Report—or the blueprint for opportunities, and I am proud to say At 90, he goes where he wants, when he school reform in Maryland. that a large percentage of all graduates wants. He does acrostics for fun, and sur- They are all posts he says he did not seek. prises himself by still being able to recite ‘‘I’ve just lived a long time,’’ he said, find job opportunities in Pennsylvania. the Keats he learned at Haverford. shrugging off his achievements. ‘‘You will Mr. President, I commend the ‘‘I’ve had a lucky life,’’ he says, pale blue find that the older you get, the nicer people Schuylkill Training & Technology Cen- eyes shining behind his glasses. ‘‘It’s not be- are to you.’’ ter for its excellence in job training, cause of me. I’ve been lucky to be in places.’’ Sondheim, born and bred in Baltimore, and I ask my colleagues to join me in Now there are rumors that he’s the odds-on serves on 24 boards and foundations and congratulating them on their 30th year favorite to be the next state school board works full time as a consultant to the Great- of graduates.∑ president. He says he doesn’t want the job. er Baltimore Committee, a booster group he Yes, he has been involved with education for once headed. He chaired Charles Center- f 50 years, but he doesn’t consider himself an Inner Harbor Management, which sparked expert. the revival of downtown Baltimore. Today, MEMORIAL FOR FRANK HORAN OF ‘‘I don’t think it would be wise for them to he works on the 15th floor of the Legg Mason ALBUQUERQUE, NM pick me,’’ he says, wondering aloud how it Tower, a few blocks from the state board of- ∑ Mr. BINGAMAN. Mr. President, I rise would look, a 90-year-old man. fice. His dress is impeccable, from button- to honor the memory of one of the fin- down shirt to wingtip shoes. So often in the past people have come to est public servants ever to have served him, seeking his perspective, his gift of com- ‘‘I don’t know anything about his genes, promise. He has said ‘‘yes’’ probably more except his remarkable physical ability,’’ said the citizens of New Mexico, Mr. Frank times than he can remember. His resume Schaefer, 76, who declares himself ‘‘just a Horan. Mr. Horan, who served a quarter lists 78 committees, boards and foundations child beside Walter.’’ Said Schaefer: ‘‘He’s of a century as the city attorney of Al- he once served. got the stamina of a man 55 years old. He’s buquerque, passed away last Saturday, ‘‘My wife, who used to chastise me for say- amazing. He can outwork guys in their fif- October 3, 1998. His loss will be deeply ing ‘Yes,’ said, ‘It’s your curiosity,’ ’’ he ties, sixties.’’ And he doesn’t exercise. felt by countless friends and family—- ‘‘Oh, God forbid!’’ Sondheim exclaimed. says. ‘‘The truth is, I’m a little bit of a sissy. two sons, a daughter, and seven grand- I don’t like to say ‘No.’ . . . That’s not a ‘‘I’m opposed to it. I don’t believe in exer- strength, you known. That’s a weakness.’’ cise. It’s partly because I’ve never done any children—-who will always remember form of athletics very well. I’m not an ath- his dedication to public service, his [From the Washington Post, July 30, 1998] letic type. I get kidded about that a lot.’’ deep affection for his community, his He stood for two hours Tuesday night at a SONDHEIM TO HEAD MARYLAND SCHOOL BOARD abiding love for his family, and his leg- birthday party in his honor despite having (By Ellen Nakashima) endary sense of humor. fallen and hurt his leg. About 100 of his clos- Frank Horan was in a sense one of At 90, Walter Sondheim Jr. protested that est friends served him up a three-foot-long he was too old to head the influential board cake with 15-inch-high candles. According to the founding fathers of modern Albu- that sets education policy in Maryland. Just Schaefer, he blew them out with one puff and querque, moving to the city during the Friday he insisted, ‘‘You don’t get wiser with declared: ‘‘No presents. No speeches. No ex- early 1940s, and serving as city attor- age.’’ ceptions.’’ ney during the first years of the city’s October 9, 1998 CONGRESSIONAL RECORD — SENATE S12243 mayor-council form of government. He Kosovo. I cannot stress to my col- ton with a shared assessment of what played a key role in designing the leagues enough how serious I believe has been transpiring in Kosovo in re- city’s governmental structure and es- the Kosovo situation has become. What cent weeks. tablishing its relationship to other ju- we are witnessing in Kosovo now is po- They have both spoken of atrocities risdictions within the state. His early tentially the most dangerous conflict being perpetrated against the civilian professional investment in city govern- in the Balkans since 1991. For more population—ninety percent of whom ment serves as a foundation of today’s than seven months, President are ethnic Albanians. Senator Dole Albuquerque, a model of good govern- Milosevic and his Serb police forces again confirmed what many of us in ment under the current leadership of have been engaged in an offensive this body have been saying over the Mayor Jim Baca, a longtime school- against ethnic Albanians in Kosovo last seven months, namely that mate of Mr. Horan’s son, Tom. Tom that can only be characterized as ‘‘eth- ‘‘Milosevic is again on the warpath. . . Horan, following in his father’s foot- nic cleansing’’. . and, there should be no doubt that steps, currently practices law in Albu- The Congress must put aside election Serbia is engaged in major, systematic querque and works with the state legis- year politics and speak with one voice attacks on the people and territory of lature. in support of the United States utiliz- Kosovo.’’ Following his years in service to the ing all necessary means to put an end The United States has been assertive in condemning Serbian aggression. The citizens of Albuquerque, Frank Horan to these atrocities that threaten a Clinton administration has spoken out served in the House of Representatives wider war in the Balkans. For that rea- repeatedly against Serb human rights in the State of New Mexico from which son, I hope that the Republican leader- abuses in Kosovo, and has stated that he retired in 1982. His dedication to ship will allow a vote in the Senate to it will not let Serbs follow through public service, however, did not stop signal our strong support for the use of with their ethnic cleansing. The Con- when he retired. In recent years, he de- air power against Serbian targets in gress too has felt it extremely impor- the coming days. voted his life to volunteer causes, in- tant to go on record to denounce Yugo- Clearly no one on the other side of cluding Meals on Wheels and Encino slav President Milosevic and the Ser- the aisle can assert that the new esca- House, a retirement center located in bian military and security forces under lation of fighting in Kosovo has not Albuquerque. Tom Horan reports that his direction. We in the Senate also been very destabilizing to the region. his father pursued those activities be- called upon the international commu- The evidence clearly indicates that it cause, in Frank Horan’s words, he was nity to act forcefully if Serbian armed has—over a quarter of a million of ‘‘building his resume.’’ I am certain aggression continued. Sadly Serbian Kosovans have been displaced, many of that Frank’s ‘‘resume’’ will abide fa- aggression has continued. Innocent vorably in the hereafter. I also know whom have fled beyond the borders of Kosovans have lost mothers and fa- that his spirit and contributions will Kosovo and Serbia to Albania and the thers, sisters and brothers, aunts and live on among the citizens of Albuquer- Former Yugoslav Republic of Macedo- uncles. que and New Mexico. The people of New nia. There is a time for words and a time Mexico will miss him very much. And Similarly the Kosovo Liberation for force. Ambassador Richard so will I. Thank you Mr. President.∑ Army (KLA) has sought refuge and ma- Holbrooke has been trying as I speak f terial support from Albanian popu- to convince Milosevic to alter course. lations in other countries—such ac- CFA 6TH ANNUAL DINNER The latest information indicates that tions could draw others into an ever these efforts are unlikely to produce ∑ Mr. ABRAHAM. Mr. President, I rise widening civil conflict. positive results. To my mind, that today to recognize a very important or- But it is not only the conflict’s disas- means that the time for words is over. ganization in the state of Michigan. trous potential that cries out for ac- Our entreaties to Milosevic to do the The Chaldean Federation of America tion. The status quo in Kosovo is a right thing have fallen on deaf ears. (CFA) is an umbrella association of human catastrophe. According to some Milosevic and his Serbian forces have Chaldean Civic Organizations in Metro- estimates, already more than 1,000 peo- been mocking the international com- politan Detroit. The CFA has been in ple have been killed since the end of munity by declaring one thing and existence since 1980 and represents February, when Serbian paramilitary doing another. more than 100,000 Chaldean-Americans. police began their crackdown on vil- The time has come for the inter- Its primary goal is to assist Chaldean lages in Kosovo believed to be strong- national community to confront the youth in their pursuit of academic suc- holds of the Kosovo Liberation Army. obvious contradictions between the cess. It is also involved in other com- Many more have been driven from their words and deeds of Milosevic and the munity programs such as race rela- homes. Serbian security forces under his com- tions, youth and senior citizen pro- Fearful women and children are hid- mand—saying on the one hand that a grams, and social services. ing from the Serb police and other Serb unilateral cease fire has been estab- The CFA will be celebrating its 6th armed forces in the hills around lished and continuing on the other Annual Dinner Awards Banquet on Kosovo without adequate food, water, hand with his attacks on ethnic Alba- Tuesday, October 27, 1998. Dr. Jacoub or shelter. Nightly temperatures are nian villages. The Serbian September Mansour, CFA Chairman, and co-chairs already falling near freezing at night 26, cease-fire declaration was pure the- Rosemary Bannon and Kays Zair have and it is clear that with the advent of ater. Frankly so was last weekend’s a wonderful evening planned. It will winter their fate is doomed. Mr. Presi- ‘‘withdrawal’’ of Serbian forces. At the undoubtedly be a great success. dent, we cannot let this humanitarian very moment that Serbian Prime Min- I extend my congratulations and best and human rights catastrophe con- ister Mirko Marjanovic publicly de- wishes to all of this year’s award re- tinue. clared that the seven-month offensive cipients, and everyone who has contrib- The deep concern about the current against the militant separatists was uted to making this organization so crisis is a shared one—it is bipartisan. over, fighting continued in southern strong. I congratulate my good friends Many of the members of this body have Kosovo. at the CFA on their sincere dedication recently had an opportunity to hear Let us not repeat the mistakes of the to improving the lives of those around from a former colleague and Majority past and give Milosevic another chance them and wish them many more years Leader Senator Bob Dole who at the to mislead the international commu- of success.∑ behest of President Clinton traveled to nity. Russian objections to the use of f Kosovo and Belgrade to make a first force by NATO should carry no weight hand assessment of the situation. He at this juncture. NATO has given CALLING FOR CONCERTED ACTION was accompanied on that visit by As- Milosevic its final ultimatum—to com- BY NATO TO STOP ONGOING sistant Secretary of State for Democ- ply immediately with all UN and NATO ATROCITIES IN KOSOVO racy, Human Rights and Labor, John demands to end the crackdown in ∑ Mr. DODD. Mr. President, I rise Shattuck. Kosovo, withdraw government forces today to speak about the tragedy that Senator Dole and Assistant Sec- and open meaningful political negotia- continues to unfold in the Province of retary Shattuck returned to Washing- tions with the ethnic Albanians. S12244 CONGRESSIONAL RECORD — SENATE October 9, 1998 NATO’s military options both to stop of another magical summer, this one in In the beginning of June of 1968, Gib- fighting and to enforce a possible peace 1968, when the eyes of the world were son began to unveil a performance so settlement have been planned in detail trained on a native Nebraskan—the dominating, so powerful, it seemed as over the past months. NATO’s military great Bob Gibson. The St. Louis Car- though the mystery of pitching had fi- staff is prepared to act. All that is dinal unleashed onto the baseball world nally been solved and only Gibson had needed is the political will upon the quit possibly the best season a pitcher the blueprints, hand-delivered from the part of NATO governments to give the has ever thrown. creators of the game. Starting in early green light. We can no longer afford to Nebraskans have come together to June and finishing in early August, show any more patience for the indeci- watch McGwire and Sosa pursue the Gibson had thrown an astounding 10 sion of our Allies. In my view the inter- number 61 in a way no one thought pos- shutouts. If not for one earned run nationally community has already sible. It was as if these two hitting gi- against the Dodgers, Gibson would waited too long to put an end to the ants entered a zone unknown to us have finished with 71 straight scoreless human suffering that is being inflicted mortals. Before this season, it seemed innings, easily surpassing the record of on innocent men, women and children. unheard of to even mention the num- 59 Orel Hershiser set in 1988. At one After seven years of watching bers 70 and 66. Allowing us to follow in point, Gibson had pitched 95 innings, Milosevic play cat and mouse games their chase was like joining two explor- which is almost a half season for to- with United States and European lead- ers on the verge of discovering a new day’s pitchers, and allowed only 2 ers, I believe that the only language world. earned runs, for an unheard-of ERA of this individual will respond to is the The highlight of many a long day 0.19. sound of missiles hitting and crushing this season was to watch the nightly This season, Randy Johnson led base- strategic targets in his proverbial edition of ESPN’s Sportcenter and see ball with six shutouts. In 1968, Gibson backyard. which man was setting history that had 13, shutting out every team but the Mr. President, yesterday NATO For- day. At a time when divisions were Dodgers. The end of Cal Ripken’s eign Ministers met in Brussels. In re- tugging at the seams of our political streak this year reminded us of the porting on the outcome of that meet- system, baseball brought us together. value of baseball’s work ethic. In 1968, ing, Secretary of State Madeleine Every American—Republican or Demo- Gibson was also a dominating work- Albright reported that NATO was crat, right, left or center—found com- horse, completing 28 of his 34 starts united and ready to authorize bombing mon ground in watching these baseball and going into the eighth inning in all in Serbia. Earlier this week, President pioneers explore a new sports frontier. but two. Led by his fastball and slider, Clinton assured members of the Senate For me, only Bob Gibson’s 1968 Gibson was the league champion in that any air strikes conducted by heroics match up with this season’s, strikeouts with 268. NATO against Serbia would not be 1998 was as enjoyable as 1968 because of Recounting Gibson’s 1968 season, Chi- ‘‘pinprick″ strikes but would ‘‘send a the tremendous season Bob Gibson had. cago Cubs Hall of Famer Billy Williams very clear signal’’ that we mean busi- As a New York Yankee fan, I have ear- would say many right-handed batters ness. lier, unhappier memories of Gibson. It suffered ‘‘Gibbyitis’’—a mysterious We in the United States need to lead was the 1964 World Series and the Car- malady that would somehow take bat- by example. We cannot wait any dinals were facing a tough Yankees ters ill on the day their team faced longer—for humanitarian reasons, for lineup featuring Roger Maris, Mickey Gibson. human rights reasons, and for geo-po- Mantle, and Whitey Ford. I was con- Gibson finished the 1968 season with litical reasons. If the international vinced the Bronx Bombers would win a 1.12 ERA—which is the record for community fails to respond to out. It was not to be. The determined over 300 innings pitched, besting Wal- Milosevic’s continued assaults on Gibson won twice and finished off the ter Johnson’s 1.14 in 1913. He won both Kosovo with force if necessary, then series with a victory in the seventh and the Cy Young Award and the MVP of shortly there will be few if any ethnic final game, earning the Most Valuable the 1968 season, while also earning an- Albanians left to protect in Kosovo and Player award. other Golden Glove Award for his stability in the greater Balkans will be In 1968, Gibson was coming off an- strong fielding. His recordsetting ex- at risk. other World Series MVP award as the ploits did not end in the regular sea- Mr. President, I know that many of Cardinals defeated Carl Yastrzemski’s son, as he set another Herculean record my colleagues share my views. I be- Red Sox the previous year. Gibson when he mercilessly fanned 17 Detroit lieve the American people as well.∑ started that season with some hard Tigers in the World Series. f luck losses and did not get going until Bob Gibson dominated 1968. While late spring. But once he got going, doing so, he marveled America with a TRIBUTE TO THE 1968 AND 1998 there was no stopping this train. performance so strong, so masterful, so BASEBALL SEASONS That summer I was in SEAL Team historic, that it should be remembered ∑ Mr. KERREY. Mr. President, I rise to training in San Diego. A lot of people at a time 30 years later when two oth- make a few remarks about a fellow Ne- there were snarling, but none of them ers stunned the country with their braskan and to celebrate the 30th anni- could match the menace Gibson wore mythical skills. Nebraskans should be versary of his legendary baseball sea- on his face when he ascended the proud that one of us could produce son. mound. When Gibson came to the such a season. I want to thank baseball ‘‘Let us go forth a while and get bet- mound, everyone in the park could feel for 1968 and 1998, both ‘glorious’ years.∑ ter air in our lungs. Let us leave our his intensity. As his catcher, Tim f close rooms. The game of ball is glori- McCarver, would say, he had the ous.’’—Walt Whitman. ‘‘Look.’’ It seemed as though Gibson APPRECIATION FOR DEDICATED Indeed, this year baseball has been could ‘‘Look’’ a strikeout before he STAFF OF THE CONGRESSIONAL ‘‘glorious.’’ even began his pitching motion. He was RESEARCH SERVICE The highlight of my job is traveling a command pitcher who mastered the ∑ Mr. SMITH of Oregon. Mr. President. our state and going into communities edge he needed for each batter who In these closing days of the 105th Con- to listen and learn. These learning dis- dared to engage him in combat. His re- gress, I would be remiss if I did not pay cussions reflect the diverse and varied nowned discipline, his pure intimida- tribute to those who toil everyday be- needs of our state, but this summer tion and his intellect for the game cre- hind the scenes to make our lives easi- there has been one constant in all of ated a master craftsman in the art of er. I am speaking of the very dedicated my meetings. From Omaha to Ogallala, pitching. Whether it be his blazing and professional group of public serv- from Bellevue to Beatrice, everywhere fastball or his snapping slider, the ants who comprise the Congressional throughout the State, Nebraskans have sight of Gibson with his right leg omi- Research Service. Access to reliable in- been talking baseball—specifically, the nously moving from beginning to end, formation—and the ability to get it heroics of Mark McGwire and Sammy while unraveling his cannon of a right quickly—is critical to the effective Sosa. arm, exploding the unhittable white functioning of the Senate, and I am This year’s heroics have left me ball into the leather of the catcher’s particularly grateful to the Congres- reminiscing about the 30th anniversary paws was a sight for all. sional Research Service employees for October 9, 1998 CONGRESSIONAL RECORD — SENATE S12245 their professional and timely responses Over the past 75 years, the Bir- individuals like Bob Martin to ensure to the many requests for information mingham Rotary Club has had a posi- the future of public power. they receive from Senators and their tive influence in the community and Today, Bob is a member of the South staffs. around the world. Through the tireless Dakota School of Mines and Tech- It is difficult for me to imagine this dedication and leadership of their 140 nology Citizens Advisory Committee; a institution’s functioning without ac- person membership, the Club’s influ- Director on the Board of the Mid-West cess to reliable information, and it is ence will only continue to grow and Electric Consumers Association; chairs with deep appreciation that I commend benefit those in the community and the Rapid City Chamber of Commerce researchers of the Congressional Re- those who are less fortunate. Agriculture Committee; and is Chair- search Service for responding quickly, As one of Michigan’s finest examples man of the Pennington County Exten- pleasantly, professionally and with at- of volunteerism, I want to express my sion Board. tention to detail to the many requests congratulations to all members of the In addition to his military, scholas- received from my office. It is this type Birmingham Rotary Club in recogni- tic, and professional achievements Bob of dedicated service that government tion of their 75th Anniversary.∑ and his wife, Kay have four grown chil- employees all too often perform, and f dren and five grandchildren. Again, I no one hears anything about it. This is would like to thank Bob for all he has RETIREMENT OF ROBERT MARTIN a group of people who take their com- done to better South Dakota and I mitment to the Congress and the ∑ Mr. JOHNSON. Mr. President, I want would like to wish him best of luck in American people very seriously. And to take the opportunity today to honor his retirement. Although I imagine they deliver. Robert (Bob) Martin for his years of that keeping up with five grand- Mr. President, the Congressional Re- hard work and commitment to the peo- children is not exactly retirement.∑ search Service provides a truly unique ple of South Dakota. I would also like f and indispensable service to the Con- to extend my warmest wishes and con- gress. It has certainly made my first gratulate Bob on his upcoming retire- TRIBUTE TO MICELL term as a U.S. Senator easier and more ment. TECHNOLOGIES productive. I congratulate all of the Bob, a native of Estelline, South Da- ∑ Mr. FAIRCLOTH. Mr. President, I workers there on their fine work and kota, graduated from high school in would like to commend a rising com- extend to them my heartfelt thanks.∑ 1952. After his graduation Bob joined pany in the Tarheel State and use its f the United States Navy and proudly positive example to encourage my col- served from 1952–1956. Following his leagues to recognize and support the BIRMINGHAM ROTARY CLUB 75TH military service, he attended Dakota ANNIVERSARY role environmental technologies are State University in Madison, South playing in our economy. ∑ Mr. ABRAHAM. Mr. President, I rise Dakota receiving a bachelors degree in Micell Technologies of Raleigh has today to honor the Birmingham Rotary 1960. With a degree in hand, Bob be- made great strides in improving carbon Club on the occasion of their 75th An- came a welcomed addition to the fac- dioxide cleaning methods which may niversary of service to the community. ulty in the Madison School System soon revolutionize the dry cleaning, The Birmingham Rotary Club was or- where I am certain he inspired many metal finishing and textile industries. ganized on March 19, 1924, by fifteen of students to pursue their dreams. This company’s environmentally the community, business and profes- In 1965, Bob joined KEM Electric Co- friendly and energy efficient innova- sional leaders. The club has an illus- operative, in Linton, North Dakota, tion, which is the result of research by trious past with many local activities serving as Public and Member Rela- a prominent professor and students at attributed to or begun by the Rotary tions and Power Use Director. Coming the University of North Carolina at Club including The Halloween Parade. back to his South Dakota roots, Bob Chapel Hill, has recently earned rec- At Seaholm High School, they dedi- returned to Madison in 1970 to become ognition by R&D magazine as one of cated the Rotary Memorial in 1950 to Member Service Director for East the top 100 innovations of 1998. those who have died in service to our River Electric Power Cooperative and I would also like to share a column country, sculpted by Marshall Fred- eventually Assistant to the General authored by Anna Vondrak that ap- ericks, also a Birmingham Rotarian Manager at East River, a position he peared recently in the Greensboro and in 1992, a baseball scoreboard. The held until 1983. Ultimately, Bob became News & Record calling for the federal J.B. Howarth City Park was dedicated Manager of the Member Services and government to provide more research and named for a Birmingham Rotarian. Public Affairs Division and remained and development funding to stimulate Kenning Park is named for Bob Ken- in this position until 1990. In 1990, Bob environmental discoveries as well as ning (Retired City Manager of Bir- left East River Electric to become Gen- tax and other incentives for polluting, mingham), also a Birmingham Rotar- eral Manager of Rushmore Electric less energy efficient companies to seek ian and past club president. Power Cooperative located in Rapid alternative manufacturing processes. The Club has made numerous con- City, South Dakota. I respectfully request that this state- tributions to the community from fur- Bob’s lifetime of service to rural ment and accompanying article by Ms. nishing the Rotary Room at the Bald- electric cooperatives is impressive and Vondrak by printed in the Record. win Library and computer system at reflects his commitment to public power and the critically important role [From the Greensboro News & Record, Sept. the Community House to the elevator 27, 1998] and picnic shelter at Springdale Park. rural electric cooperatives play in N.C. FIRM SHOWS THE POWER OF ‘‘GREEN’’ RE- In addition, they support numerous rural America. Bob has been a leader SEARCH; GOVERNMENT SHOULD ENCOURAGE schools, community groups and those on many different issues important to MORE ENVIRONMENTAL RESEARCH AND DE- who are less fortunate during Thanks- public power and rural electrics, from VELOPMENT. giving and the holiday season. Rotary preventing the privatization of the (By Anna Vondrak) Power Marketing Administrations to has hosted international exchange stu- Congress is notorious for its tendency to dents and has sponsored local students helping further rural water efforts in divert money for research and development to go abroad through the International South Dakota. Rural electric coopera- to well-larded pork projects. Rotary Scholarship Foundation. tives are an important factor in the The federal government is spending $74 bil- Currently, the Birmingham Rotary economic development of their commu- lion on R&D this year. But more than half of Club is helping establish an Interact nities and in many cases, they are the that goes to defense. A third of the rest goes Club at Seaholm High School to in- best equipped to work to ensure small to medical research, which consumes a rising volve high school age students in communities remain viable and con- share of federal research dollars. ‘‘Service Above Self’’. They are also tinue to keep medical facilities, In today’s rapidly changing world, how- ever, technological innovation by small supporting Polio Plus, to eradicate schools and other services available. I firms will become increasingly important in Polio worldwide by the year 2000, with am convinced the importance of rural ensuring economic success and environ- a sizeable donation from all of the cooperatives will continue to grow, but mental protection. Improved technologies membership. it will require the dedication of more can help industries move from dirty, energy- S12246 CONGRESSIONAL RECORD — SENATE October 9, 1998 guzzling manufacturing processes to clean, organization has focused its efforts on community leaders in an effort to energy-efficient ones. educating the public on the impact of stress to the Bay community that vio- An example of seemingly mundane but sig- abusive alcohol use, offering support lence is inexcusable and will not be tol- nificant environmental innovation comes for the victims of drunk drivers and ad- erated. Because the tragedy of domes- from Micell Technologies, a start-up firm based in North Carolina, in the heart of the vocating for stricter laws on DWI. tic violence affects far too many Amer- famed Research Triangle. RID has lobbied for the enactment of ican families, I commend the tireless Formed in 1995 by three scientists—Joseph laws that will eliminate plea bargains work of the Bay County Women’s Cen- DeSimone, Timothy Romack and James for repeat offenders and funds for anti- ter in helping reverse domestic vio- McClain—Micell employs just 26 people. This DWI enforcement. With all their hard lence statistics and assist the victims small team is on the verge of solving one of work, RID is able to claim credit for of violence. The Center is truly an in- this nations’ most pervasive environmental high safety ratings experienced in New valuable asset to Michigan’s families.∑ problems. York State. RID has also advocated for f Today, most dry cleaners rely on toxic sol- vents, such as percholoroethylene, or PERC, the lowering of the blood alcohol con- tent from .1% to .08% as well as en- RECOGNITION OF PHILIP AND which can contaminate ground water and MARGE ODEEN may cause cancer in humans after long-term hanced penalties for drunk drivers exposure. While liquid carbon dioxide has whose passengers are minors. ∑ Mr. JOHNSON. Mr. President, I want long been seen as an environmentally posi- The National Highway Traffic Safety to take this opportunity to recognize tive alternative, it has not fared well in the recognized the accomplishments of RID Philip and Marge Odeen of Virginia. marketplace because it simply cannot clean and awarded them the 1998 Public Serv- These two natives of Yankton, South garments to acceptable standards by itself. ice Award for their effective campaign Dakota have been selected by the Led by DeSimone, a soft-spoken chemistry to deter drunk driving. Their efforts Northern Virginia Community Founda- professor who co-invented the process with his students, scientists at UNC-Chapel Hill, contributed to New York being selected tion to receive the 1998 Northern Vir- developed new detergents that dissolve in as having one of the safest records ginia Community Founder’s Award. liquid CO2. against drunk driving in the Nation for The Founder’s Award is presented each Not only is the toxic substance PERC re- the fifth year. year to those citizens who have con- moved from the dry cleaning equation, but In 1996, over 17,000 people died in sistently demonstrated a commitment Micell’s two new cleaning systems, Micare drunk driving accidents, accounting for to both civic and humanitarian con- and Miclean, separate and recover the CO2 41% of the total traffic fatalities of cerns, while making a substantial con- and detergents they use. Those waste prod- that year. While there was a 29% reduc- tribution to improving the quality of ucts can then be recycled—an important fac- tor in preventing run-off pollution from tion from the alcohol related fatalities life in Northern Virginia. The Found- reaching sensitive waterways. in 1986, it is still high—17,126 people too er’s Award is a tribute to the Odeens’ Just as important, Micell’s innovation also high. The senseless death of these indi- leadership in all of these areas. will play a major role in protecting the viduals, the pain and anguish experi- From the time they moved east in health of tens of thousands employees in enced by the family and friends and the 1960, the Odeens made an immediate America’s dry cleaning industry—and quite hundreds of thousands who were in- impact in the areas of commerce, pub- likely millions of their customers as well. jured can never truly be expressed lic affairs, the arts, and community The firm’s accomplishment caught the eye through statistics. RID’s accomplish- improvement. Phil distinguished him- of R&D Magazine, which named it a winner self in the public sector at the National of its annual R&D 100 Awards, long regarded ments are for these victims and for po- as the ‘‘Oscars of Invention.’’ tential victims of alcohol-related acci- Security Council, later as a co-founder Thus, a humble dry cleaner joins the fax dents. of the World Affairs Council, and most machines, antilock brakes, and the ubiq- I would like to add my congratula- recently in his work with BDM Inter- uitous ATM created by far larger corpora- tions to the many that RID has already national and TRW. Marge’s endeavors tions as a leader in cutting-edge technology. received—on being recognized for their on behalf of Northern Virginia Commu- Micell’s experience shows that academic achievements in curbing drunk driving nity College and the Women’s Center research and small company entrepreneur- and on their 20 years of public service.∑ have also been noted for their success. ship may be the fastest—and greenest—path Throughout their professional ca- to the marketplace. f Congress should speed the discovery proc- reers Phil and Marge have always COMMENDING THE BAY COUNTY found a way to donate time and effort ess by establishing new R&D tax credits and WOMEN’S CENTER low-interest loans to encourage small busi- to worthy causes such as the Salvation nesses and universities to expand research ∑ Mr. ABRAHAM Mr. President, I rise Army, Childhelp USA, the Heart Asso- activities. today to recognize an important event ciation, and the Wolf Trap Foundation. The House and Senate Appropriations in my home state of Michigan. In con- They have given freely to non-profit Committees recently pledged to double fund- junction with National Domestic Vio- organizations in terms of time and ing for the National Institutes of Health over lence Awareness Month, the Bay Coun- money, have consistently taken the five years—for starters—increasing NIH ty Women’s Center has planned a Can- funding by $2 billion this year. Experts in lead in getting others involved, and the medical community believe the funding dlelight Vigil and Speakout. The vigil most importantly have positively af- increase will pay huge public health divi- recognizes survivors, family members, fected the lives of numerous men, dends. and those who have lost their lives to women, and children in the Washington Similarly, significant increases in federal domestic violence, in addition to edu- area. funding that supports research for new envi- cating the community about the re- I would like to commend the Odeens ronmental technologies also will produce big sources available to the victims of do- for their numerous contributions to benefits for Americans—less pollution-driven mestic violence. the Northern Virginia Community; disease, a greener planet and new industries The Bay County Women’s Center that create jobs and enhance prosperity. their community leadership serves as a Continuing technological innovation is the reaches out to survivors of physical, model for the citizens of both Virginia key to America’s economic and environ- emotional, and sexual abuse. It pro- and South Dakota to emulate.∑ mental health as it enters the 21st century. vides a safe, supportive, non- f Congress should move quickly to bolster judgmental environment for survivors R&D and tax incentives in this key area. The to make decisions about their lives and THE CHARTER SCHOOL EXPANSION time to act is now, while the U.S. still enjoys families. In addition to offering exten- ACT OF 1998 global economic dominance.∑ sive counseling, the Center goes so far ∑ Mr. COATS. Mr. President, I am f as to assist with job search skills, pleased with the passage by UC of the housing options, and child care serv- bipartisan substitute amendment to RECOGNITION FOR RID-REMOVE ices. HR 2616, the Charter School Expansion INTOXICATED DRIVERS The Vigil and Speakout draw atten- Act. Senator LIEBERMAN and I intro- ∑ Mr. D’AMATO. Mr. President, 1998 tion to a problem that is all too com- duced this bill last November to help marks the 20th anniversary of RID-Re- mon in hopes that we can work to- further expand the charter school move Intoxicated Drivers. Formed in gether toward a solution. It will join movement which is so successfully pro- 1978 by Doris Aiken in New York, the citizens, groups of professionals, and viding new educational opportunities October 9, 1998 CONGRESSIONAL RECORD — SENATE S12247 for children all around this country. Additionally, a survey conducted last be used by States—States may now re- This bill passed unanimously out of the fall by the National School Boards As- serve up to 10 percent of their grant Labor Committee and was unani- sociation (NSBA) found that the char- funds to support the dissemination ac- mously approved by the Senate last ter movement is already having a posi- tivities of successful charter schools. night. tive ripple effect that is being felt in These dissemination grants can go to This important bill builds upon the many local public school districts. The charter school operators to help en- great success of the original charter NSBA report cites evidence that tradi- courage education reform by spreading school legislation which Senator tional public schools are working hard- the lessons learned by successful char- LIEBERMAN and former Senator Duren- er to please local families so they ter schools and assist in the creation of berger introduced in 1994. The Federal won’t abandon them to competing new charters and the reform and rein- Charter School Grant Program pro- charter schools, and that central ad- vigoration of other public schools. vides seed money to charter school op- ministrators often see charters as ‘‘a To help ensure that the amount of erators to help them pay for the plan- powerful tool’’ to develop new ideas the federal grants are proportional to ning, design and initial implementa- and programs without fearing regu- the level of charter school activity in tion of a charter school. Since this pro- latory roadblocks. the State, this bill directs the Sec- gram’s inception, the number of char- Several other studies have recently retary to take into consideration the ter schools has tripled, with over 1100 been released highlighting the success number of charter schools in operation, charter schools now operating in 33 of charter schools around the country. or that have been approved to open. States and the District of Columbia. Among other things, these studies have During drafting of this bill, the sin- Charter schools are independent pub- shown that charter schools have suc- gle greatest concern I heard from char- lic schools that have been freed from cessfully met and surpassed the stand- ter school operators related to their onerous bureaucratic and regulatory ards outlined in their charters, at- ability to access their fair share of fed- burdens in order to pursue clear objec- tracted significant proportions of mi- eral education funding. And so, to en- tives and goals aimed at increasing nority and low-income students, and sure that charter schools have enough student achievement. To increase stu- have higher parental approval rates funding to continue once their doors dent achievement, charter schools are than public schools. are opened, this bill provides that char- able to design and deliver educational The results of these studies point to ter schools get their fair share of fed- programs tailored to meet the needs of important ways to improve and re- eral programs for which they are eligi- their students and their communities. ble, such as Title 1 and IDEA. The bill It is the individualized education invent public education as a whole. The also directs States to inform their available to students through charter implications from the success of char- schools that makes this a desirable ter schools indicate that public schools charter schools of any Federal funds to educational alternative for many fami- should be consumer-oriented, diverse, which they are entitled. This bill also increases the financing lies. Charter schools give families an results-oriented, and professional options available to charter schools opportunity to choose the educational places that also function as mediating and allows them to utilize funds from setting that best meet their child’s institutions in their communities. the Title VI block grant program for needs. For many low-income families The purpose of this bill is to further in particular, charter schools provide encourage the growth of high-quality start-up costs. Because it is so important that char- their first opportunity to select an edu- charter schools around the country. ter schools are held accountable in re- cational setting which is best suited This bill provides incentives to encour- turn for the flexibility they are given for their child. age States to increase the number of Parents and educators have, in turn, high quality charter schools in their from Federal, state and local laws and given these programs overwhelmingly State. To qualify for funding under this regulations, this amendment includes high marks. Broad-based studies con- bill, States must satisfy two criteria. several significant provisions which ducted by the Department of Education First, they must provide for review and strengthen accountability. First, under and the Hudson Institute show that evaluation of their charter schools by the priority criteria, States must re- charters are effectively serving diverse the public chartering agency at least view and evaluate their charter schools populations, particularly disadvan- once every five years to ensure that at least once every five years to ensure taged and at-risk children, that tradi- the charter school is meeting the terms that they are meeting the terms of tional public schools have struggled to of its charter and meeting its academic their charter and their academic per- educate. performance requirements. And second, formance requirements. They are re- With results like these, it is no won- States meet at least one of three prior- warded for increasing the number of der that some of the strongest support ity criteria: high quality charter schools that are for charter legislation comes from low- The State has demonstrated progress ‘‘held accountable in their charter for income families. Not only do these par- in increasing the number of high qual- meeting clear and measurable objec- ents now have real educational choices, ity charter schools that meet clear and tives for the educational progress of but they are actually needed in the measurable objectives for the edu- their students.’’ charter school environment for every- cational progress of their students; The definitions section of the bill thing from volunteering to coaching, The State provides an alternative to also stresses accountability by requir- fundraising, and even teaching. This di- the local educational agency as the ing a written performance contract rect involvement of families is helping public chartering agency through ei- with the authorized chartering agency to build small communities centered ther another authorized public charter- in the State. These written perform- around the school. ing agency or an appeals process; or ance contracts include clearly defined Charter schools can be started by The State ensure that each charter objectives for the charter school to anyone interested in providing a qual- school has a high degree of automony meet in return for the autonomy they ity education: Parents, teachers, over the charter school’s budgets and are given. The performance objectives school administrators, community expenditures. in the contract are to be measured by groups, businesses and colleges can all These priority criteria were included State assessments and other assess- apply for a charter. And, importantly, to encourage States to develop charter ments the charter wishes to use. if these schools fail to deliver a high- school laws that promote diversified I am confident that this amendment quality education, they will be closed— educational opportunities balanced will build on and contribute to the suc- either through a district or State’s ac- with high expectations, clear objec- cess of the charter school movement. countability measures or from lack of tives, and strong accountability meas- This bill stresses the need for high students. Accountability is literally ures. quality, accountable schools which are built into the charter school process— This bill continues the primary focus given autonomy they need to provide the school must comply with the provi- of charter school grants for the plan- the best educational opportunity for sions in its charter, and unhappy par- ning, design and implementation costs their students. ents and students can leave if they are of new charter schools. This bill adds With the passage of this bill, a strong not satisfied. another purpose for which grants can signal will be sent to parents and S12248 CONGRESSIONAL RECORD — SENATE October 9, 1998 teachers all across this country that Among students who said they were failing unanimous support, I think we have they are not alone in their struggle to at their previous school, more than half are made an important statement that we improve education. We hope to ease now doing ‘‘excellent’’ or ‘‘good’’ work. can get things done, that we can find their struggle by enabling new charter These gains were dramatic for minority and common ground to strengthen the com- schools to be developed. More charter low-income youngsters and were confirmed mon school. And I am hopeful, despite by their parents. schools will result in greater account- Most of the top charter schools are not the deep policy differences still divid- ability, broader flexibility for class- only meeting the high standards they have ing many of us, that this bill will lay room innovation, and ultimately more set for themselves, but surpassing them.∑ the groundwork for more bipartisan co- choice in public education. I urge my ∑ Mr. LIEBERMAN. Mr. President, last operation next year as we prepare to colleagues to increase educational op- night the Senate unanimously ap- reauthorize the massive Elementary portunities for all children by support- proved H.R. 2616, the Charter School and Secondary Education Act and pro- ing this bill. Expansion Act, a piece of legislation ceed with what may be the most con- Mr. President, I would like to thank that Senator COATS and I, along with sequential education debate of our life- Senator LIEBERMAN for his tremendous many others, have been working on for time. leadership in the area of educational the better part of the past two years. In marking this accomplishment, I reform. He and I have worked closely the House is expected to pass this bill want to thank Senator COATS, who I on a number of issues over the last sev- today under suspension and send on to have had the great pleasure of working eral years, and I want to commend the President, who has pledged to sign on many education reform initiatives him, in particular, for his strong sup- it into law. over the last few years, and our fellow port and leadership on issues concern- I rise today to express my deep ap- cosponsors, Senators KERREY of Ne- ing increasing educational opportuni- preciation to our colleagues for their braska, D’AMATO, and LANDRIEU, who ties for low-income children. He under- strong bipartisan support of this bill, made this a bipartisan effort from the stands so clearly the fundamental im- and to add a few brief words about the start. I will sorely miss Senator COATS’ portance of providing a high quality significance of its passage, which I am partnership next year as this great education in a safe environment to our afraid may get lost amidst the last- education debate continues, but I am neediest children. In addition to this minute flurry of activity this week be- glad that, after many years of frustrat- charter schools bill, which will help to fore Congress adjourns. ingly close votes we have endured to- increase educational opportunities for It would not be too difficult to over- gether, he can leave on a resounding low-income children, Senator look this legislation. Compared to note of success. LIEBERMAN and I have worked closely some of the high-profile education bills I particularly want to thank the chairman and ranking member of the for the last 4 years to gain support for we have considered recently, this is a Labor Committee, Senators JEFFORDS publicly-funded scholarships for low-in- modest and largely anonymous pro- and KENNEDY, for their leadership in come children. I want to thank him for posal, which will strengthen our sup- shepherding this bill to the floor. I his unwavering commitment to this port for charter schools and encourage know there were some difficult issues issue and his vitally important leader- states to create more of these innova- that had to be resolved to bring our ship. His efforts have done much to win tive, independent programs. It will not bipartisan support for both charter proposal out of committee, and I am fix all or even much of what ails our schools and low-income scholarships grateful to my colleagues from Ver- public education system. It will not and I thank him for his strong commit- mont and Massachusetts for the time singlehandedly sate the demands of ment to our country’s neediest chil- and energy they devoted to getting parents for safer schools, better teach- dren. With the passage of this charter that done. We simply could not have ers, smaller classes, and smarter stu- schools bill, Senator LIEBERMAN and I beat the legislative clock were it not dents. Nor will it settle the longstand- have the pleasure of seeing the first of for their persistence and skilled bridge- ing and often inflammatory debate our joint educational reform initia- building. over education reform that has divided tives move closer to becoming law. I also want to pay tribute to our Mr. President, I ask that a summary the parties and effectively stymied the former colleague, Senator Duren- of the study results to which I referred efforts of this Congress to respond to berger, whose vision and creativity be printed in the RECORD. the public’s growing concerns. made this legislation possible in the The summary follows: But nevertheless, I believe that this first place. In 1992 and 1993, a band of may turn out to be one of the most im- FINDINGS FROM KEY STUDIES ON CHARTER pioneering teachers and parents in SCHOOLS portant and constructive bills that we Minnesota founded the nation’s first The Department of Education released its enact into law during this season. charter schools, and their efforts in- first formal report on its study of charter What we have agreed to do today will spired Senator Durenberger to propose schools in May 1998. Key first-year findings help take the charter school model a national pilot program to help other include: from novelty to the norm in this coun- communities around the country ex- The two most common reasons for starting try, and thereby bolster the most periment with this progressive reform public charter schools are flexibility from promising engine of education reform bureaucratic laws and regulations, and the model. I was proud to join with Sen- chance to realize an educational vision. at work in America today. The Charter ator Durenberger four years ago in co- In most states, charter schools have a ra- School Expansion Act will spur the sponsoring the bill authorizing this cial composition similar to statewide aver- growth of hundreds of high-quality and pilot program, now known as the Fed- ages or have a higher proportion of minority highly-accountable schools of choice, eral Charter School Grant Program. students. which in the next few years will expand Congress approved this initiative with Charter schools enroll roughly the same the educational opportunities available proportion of low-income students, on aver- strong bipartisan majorities, and in the age, as other public schools. to thousands of American children, and years since it has provided $75 million The Hudson Institute has also undertaken could over the long haul help to re- to help new charters to defray the bur- its own two-year study of charter schools, shape the public school for the 21st densome cost of starting a school from entitled ‘‘Charter Schools in Action.’’ Their Century. scratch. research team traveled to 14 states, visited Perhaps just as noteworthy as what Today, thanks in part to this Federal 60 schools, and surveyed thousands of par- this legislation will do, though, is the seed money, the charter school move- ents, teachers, and students. Some of this simple fact that we agreed to do it. As study’s key findings include: ment has quickly spread throughout Three-fifths of charter school students re- my colleagues are well aware, we have the nation. As of this fall, more than port that their charter school teachers are struggled throughout this Congress to 1,100 charters are operating in 26 better than their previous school’s teacher. reach a consensus on how to improve states, including my home state of Over two-thirds of parents say their char- our schools, fighting a series of pitched Connecticut, as well as the District of ter school is better than their child’s pre- partisan battles that have bogged down Columbia, quadrupling the number vious schools with respect to class size, several thoughtful proposals from both that were in business just four years school size, and individual attention. Over 90 percent of teachers are satisfied sides, and leaving the public to ques- ago. In the past nine months alone, with their charter school’s educational phi- tion our ability to address these criti- four additional states passed new char- losophy, size, fellow teachers, and students. cal issues. By adopting this bill with ter laws, and more than a half dozen October 9, 1998 CONGRESSIONAL RECORD — SENATE S12249 others strengthened their laws and sig- on helping states and local groups cre- porate the substance and spirit of what nificantly expanded their programs. In ate new schools and meet the Presi- we have achieved today.∑ California, for example, the state legis- dent’s goal of creating 3,000 charters by f lature broadly supported a move to the year 2000. raise the state cap on charters from 100 Specifically, it calls for gradually in- UNANIMOUS CONSENT AGREE- to 250 of this year and allow the cre- creasing the grant funding over the MENT—HOUSE JOINT RESOLU- ation of 100 additional schools each next several years, and then better tar- TION CONTINUING GOVERNMENT succeeding year. And just last month geting those additional dollars to the FUNDING in Texas, the state board of education states that are serious about expanding Mr. COATS. Mr. President, I ask approved the creation of 85 new their charter program. It would do so unanimous consent that when the Sen- schools, more than doubling the exist- by establishng several ‘‘priority’’ cri- ate receives from the House the House ing number. teria that would give preference in joint resolution that will continue This is truly a grass-roots revolution, awarding start-up grants to those Government funding until midnight led by parents and teachers and com- states that show real progress in creat- Monday, October 12, 1998, with no munity activists, which is seeking to ing high-quality, highly-accountable amendments, it be considered agreed to reinvent the public school and take it charters. Our hope is that these and the motion to reconsider be laid back to the future, reconnecting public changes will give states that have been upon the table. education to some of our oldest, most slow to embrace the charter movement The PRESIDING OFFICER. Without basic values—ingenuity, responsibility, an incentive to get on board. The in- objection, it is so ordered. accountability—and refocusing its mis- tent is not to punish those states that f sion on doing what’s best for the child are moving cautiously, but instead to instead of what’s best for the system. reward the ones that are prepared to APPOINTMENT BY THE VICE The results so far have been quite harness this progressive force for PRESIDENT encouring. Parents of charter school change and encourage others to do the The PRESIDING OFFICER. The students overwhelmingly give their same. Chair, on behalf of the Vice President, programs high marks, particularly for The CSEA would also tighten some in accordance with 22 U.S.C. 1928a– their responsiveness and the sense of unintended loopholes in the original 1928d, as amended, appoints the follow- community they foster. Also, broad- statute that have hampered the effec- ing Senators as members of the Senate based studies done by the Hudson Insti- tiveness of the program, ensure that Delegation to the North Atlantic As- tute and the Education Department charter schools receive their fair share sembly during the Second Session of show that charters are effectively serv- of funding from the major Federal cat- the 105th Congress, to be held in Edin- ing diverse populations, especially egorical grant programs, and take burgh, United Kingdom, November 9– many of the disadvantaged and at-risk some initial steps to widen the pool of 14, 1998: funding sources for those charters that children that traditional public schools The Senator from Utah (Mr. HATCH); are struggling to stay alive. And to en- have struggled to educate. And while The Senator from Virginia (Mr. WAR- hance the potential for all children to it’s too soon to determine what impact NER); benefit from charter successes, this charter schools are having on overall The Senator from Iowa (Mr. GRASS- legislation directs the Secretary of academic performance, the early re- LEY); turns suggest that charters are suc- Education to work with the states to in The Senator from Pennsylvania (Mr. effect establish an ‘‘innovation pipe- ceeding where it matters most, in the SPECTER); classroom. line’’ that would share information The Senator from Arkansas (Mr. A survey done last fall by the Na- about what is working in charter HUTCHINSON); tional School Boards Association found schools to public school districts The Senator from Alabama (Mr. SES- that the charter movement is already around the country. SIONS); That, in the end, is really what this having a positive ripple effect that is The Senator from Oregon (Mr. being felt in many local public school bill and the charter school movement SMITH); in general are all about, which is im- districts. The NSBA report cites evi- The Senator from Tennessee (Mr. dence that traditional public schools proving the whole of our public edu- THOMPSON); cation system. As Norman Atkin, a are working harder to please local fam- The Senator from Arkansas (Mr. ilies so they won’t abandon them to founder and director of the North Star BUMPERS); competing charter schools, and that Academy Charter School in Newark, The Senator from Maryland (Ms. MI- central administrators often see char- has said, charter schools have the po- KULSKI); and tential to serve as the ‘‘R&D arm’’ of ters as a ‘‘a powerful tool’’ to develop The Senator from Hawaii (Mr. new ideas and programs without fear- public education, incubating new ideas AKAKA). ing regulatory roadblocks. that could benefit millions of students. The most remarkable aspect of the And in time hopefully every public f charter movement may be that it has school will put into practice the prin- EXPRESSING SENSE OF SENATE managed to bring together citizens, ciples undergirding the charter model, ON COMPLETION OF CONSTRUC- educators, business leaders and politi- and every public school will be liber- TION OF WORLD WAR II MEMO- cians from across the political spec- ated from some of the top-heavy bu- RIAL trum in support of a mutual goal to reaucracy that too often suffocates better educate our children through them and in turn pledge to meet high Mr. COATS. Mr. President, I ask more choice, more flexibility and more standards of achievement for which unanimous consent that the Senate accountablity in our public schools. In they will be held strictly accountable, proceed to the immediate consider- these grass-roots, as I suggested above, and every public school will benefit ation of S. Res. 296 submitted earlier may lie the roots of a consensus for re- from the positive forces of choice and today by Senator KERREY. newing the promise of public education competition. The PRESIDING OFFICER. Without and ending the left-right stalemate For now, we have taken an important objection, it is so ordered. The clerk that has too often impeded the reform step toward that goal today, and will report. debate. passed a piece of legislation that I am The assistant legislative clerk read We want to build on that broad confident will make a real and imme- as follows: agreement at the local and state level diate difference in the lives of many A resolution (S. Res. 296) expressing the and do what we can at the Federal children in this country. I again want sense of the Senate that, on completion of level to support and encourage the to thank my colleagues for their broad construction of a World War II Memorial in Area 1 of the District of Columbia and its en- growth of this movement, which is just vote of confidence in the charter move- virons, Congress should provide funding for what the legislation we approved today ment, and I look forward to working the maintenance, security, and custodial and will do. It starts by revamping the with them next year on new blueprint long-term care of the memorial by the Na- charter grant program to focus it more for education reform that will incor- tional Park Service. S12250 CONGRESSIONAL RECORD — SENATE October 9, 1998 The Senate proceeded to consider the but also construction costs to assist (1) should be commended for its concept resolution. the Honorable Bob Dole in his fund- and its achievements to date; and Mr. COATS. Mr. President, I ask raising endeavor. (2) should serve as a model for similar fes- unanimous consent that the resolution I would again like to thank my col- tivals in other communities throughout the United States. and preamble be agreed to, en bloc; leagues, especially Senators MURKOW- f that the motion to reconsider be laid SKI and BUMPERS for their support and upon the table; and that any state- assistance. EXPRESSING SENSE OF SENATE ments relating to the resolution be f ON DESIGNATING NATIONAL printed at the appropriate place in the CHILDREN’S DAY EXPRESSING SENSE OF SENATE RECORD. RELATIVE TO LOUISVILLE FES- Mr. COATS. Mr. President, I ask The PRESIDING OFFICER. Without TIVAL OF FAITHS unanimous consent that the Senate objection, it is so ordered. proceed to the consideration of S. Res. Mr. COATS. Mr. President, I ask The resolution (S. Res. 296) was 260. unanimous consent that the Judiciary agreed to. The PRESIDING OFFICER. Without Committee be discharged from further The preamble was agreed to. objection, it is so ordered. The clerk consideration of S. Res. 274 and that The resolution, with its preamble, is will report. as follows: the Senate then proceed to its imme- The assistant legislative clerk read S. RES. 296 diate consideration. as follows: World War II is the defining event of the The PRESIDING OFFICER. Without objection, it is so ordered. The clerk A resolution (S. Res. 260) expressing the 20th century; sense of the Senate that October 11, 1998, Whereas in World War II, over 16,000,000 will report. should be designated as ‘‘National Children’s American men and women served the Nation, The assistant legislative clerk read Day’’. of which nearly 300,000 were killed and over as follows: 670,000 were wounded; The Senate proceeded to consider the A resolution (S. Res. 274) to express the resolution. Whereas in Public Law 103–422 (108 Stat. sense of the Senate that the Louisville Fes- 4356), Congress approved the location of a tival of Faiths should be commended and Mr. COATS. Mr. President, I ask memorial to this epic event in Area I of the should serve as a model for similar festivals unanimous consent that the resolution District of Columbia and its environs, as de- in other communities throughout the United be agreed to; that the preamble be scribed in the Act entitled ‘‘An Act to pro- States. agreed to; that the motion to recon- vide standards for placement of commemora- The Senate proceeded to consider the sider be laid upon the table; and that tive works on certain Federal lands in the resolution. any statements relating to the resolu- District of Columbia and its environs, and tion be printed at the appropriate place for other purposes’’, approved November 14, Mr. COATS. Mr. President, I ask 1986 (40 U.S.C. 1001 et seq.); and unanimous consent that the resolution in the RECORD. Whereas Congress has traditionally pro- and preamble be agreed to, en bloc, and The PRESIDING OFFICER. Without vided funding for the memorials commemo- that the motion to reconsider be laid objection, it is so ordered. rating President Thomas Jefferson and upon the table, without intervening ac- The resolution (S. Res. 260) was President Abraham Lincoln, the monument tion. agreed to. to President George Washington, and the Ko- The PRESIDING OFFICER. Without The preamble was agreed to. rean War Veterans Memorial: Now, there- objection, it is so ordered. The resolution, with its preamble, is fore, be it as follows: Resolved, The resolution (S. Res. 274) was S. RES. 260 SECTION 1. FUNDING OF A WORLD WAR II MEMO- agreed to. RIAL. The preamble was agreed to. Whereas the people of the United States It is the sense of the Senate that, on com- The resolution, with its preamble, is should celebrate children as the most valu- pletion of construction of a World War II Me- as follows: able asset of the Nation; morial in Area I of the District of Columbia S. RES. 274 Whereas children represent the future, hope, and inspiration of the United States; and its environs, as described in that Act, Whereas a Festival of Faiths celebrating Whereas the children of the United States Congress should provide funding for the the diversity of religion has been held in should be allowed to feel that their ideas and maintenance, security, and custodial and Louisville, Kentucky, in the month of No- dreams will be respected because adults in long-term care of the memorial by the Na- vember of each of the last 3 years; tional Park Service. Whereas the Louisville Festival of Faiths the United States take time to listen; Whereas many children of the United Mr. KERREY. Mr. President, I am has provided an opportunity for representa- tives of different faiths to communicate with States face crises of grave proportions, espe- pleased that the Senate has agreed to cially as they enter adolescent years; this Sense of the Senate Resolution each other and learn about each other’s her- itage, experiences, and beliefs, Whereas it is important for parents to which would provide funding for the Whereas more than 60 faiths have partici- spend time listening to their children on a maintenance, security, custodial and pated in the Louisville Festival of Faiths daily basis; long-term care of the memorial by the over the past 3 years; Whereas modern societal and economic de- National Park Service. This is a sig- Whereas the freedom to practice religion mands often pull the family apart; nificant step forward in bringing the in diverse ways is a principle that the United Whereas encouragement should be given to States was founded on and one that the families to set aside a special time for all World War II Memorial to fruition. family members to engage together in fam- What this resolution does is put the United States has embraced throughout its history; ily activities; Senate on record as supporting public Whereas religious diversity, in addition to Whereas adults in the United States should funding of some sort for the World War its other benefits, expands the perspectives have an opportunity to reminisce on their II Memorial which will be placed on and experiences available to this Nation as a youth and to recapture some of the fresh in- the National Mall—our nation’s front whole; sight, innocence, and dreams that they may yard. Whereas the communication of diverse per- have lost through the years; I felt this resolution necessary be- spectives and experiences between represent- Whereas the designation of a day to com- cause of the continued structural prob- atives of different religions can enrich the memorate the children of the United States will provide an opportunity to emphasize to lems confronting the Korean War Vet- lives of such individuals and can assist such individuals in developing an appreciation of children the importance of developing an erans Memorial, which lies in the same the commonality between different religions; ability to make the choices necessary to dis- flood plain that the World War II Me- Whereas such communication can also di- tance themselves from impropriety and to morial will call home. I felt it nec- minish the potential for conflict between re- contribute to their communities; essary that the Senate take on some ligious groups at a time when the dangers of Whereas the designation of a day to com- precautionary responsibility for the religious conflict pose increasingly serious memorate the children of the Nation will maintenance and upkeep of what will problems throughout the world; and emphasize to the people of the United States be the most prominent memorial on Whereas the Louisville Festival of Faiths the importance of the role of the child with- experience can be replicated without great in the family and society; the Mall. difficulty in other communities: Now, there- Whereas the people of the United States Next year, I intend to introduce leg- fore, be it should emphasize to children the importance islation to fund not only maintenance, Resolved, That it is the sense of the Senate of family life, education, and spiritual quali- security, custodial and long-term care, that the Louisville Festival of Faiths— ties; and October 9, 1998 CONGRESSIONAL RECORD — SENATE S12251 Whereas children are the responsibility of (2) the Senate requests that the President the South Pacific region as a means of sup- all Americans and everyone should celebrate issue a proclamation designating October 15, porting important United States commercial the children of the United States, whose 1998, as ‘‘National Inhalant Abuse Awareness and strategic interests, and to encourage the questions, laughter, and tears are important Day’’. consolidation of democratic values; to the existence of the United States: Now, f (2) a Pacific island summit, hosted by the therefore, be it President of the United States with the Pa- Resolved, That— EXPRESSING SENSE OF SENATE cific island heads of government, would be an (1) it is the sense of the Senate that Octo- WITH RESPECT TO DIPLOMATIC excellent opportunity for the United States ber 11, 1998, should be designated as ‘‘Na- RELATIONS WITH PACIFIC IS- to foster and improve diplomatic relations tional Children’s Day’’; and LAND NATIONS with the Pacific island nations; (2) the President is requested to issue a (3) through diplomacy and participation in proclamation calling upon the people of the Mr. COATS. Mr. President, I ask the human and natural resource develop- United States to observe ‘‘National Chil- unanimous consent that the Foreign ment of the Pacific region, the United States dren’s Day’’ with appropriate ceremonies and Relations Committee be discharged will increase the possibility of gaining access activities. from further consideration of S. Res. to valuable resources, thus strengthening f 277, submitted by Senator INOUYE, and the position of the United States as a world that the Senate proceed to its imme- power economically and strategically in the EXPRESSING SENSE OF SENATE diate consideration. new millennium; and RELATIVE TO NATIONAL INHAL- The PRESIDING OFFICER. Without (4) the United States should fulfill its long- standing commitment to the democratiza- ANT ABUSE AWARENESS DAY objection, it is so ordered. The clerk Mr. COATS. Mr. President, I ask tion and economic prosperity of the Pacific will report. island nations by promoting their earliest unanimous consent that the Senate The assistant legislative clerk read integration in the mainstream of bilateral, proceed to the consideration of S. Res. as follows: regional, and global commerce and trade. 257. A resolution (S. Res. 277) expressing the f The PRESIDING OFFICER. Without sense of the Senate with respect to the im- objection, it is so ordered. The clerk portance of diplomatic relations with the NATIONAL MAMMOGRAPHY DAY will report. Pacific Island nations. Mr. COATS. Mr. President, I ask The assistant legislative clerk read The Senate proceeded to consider the unanimous consent that the Judiciary as follows: resolution. Committee be discharged from further A resolution (S. Res. 257) expressing the Mr. COATS. Mr. President, I ask consideration of S. Res. 271 and that sense of the Senate that October 15, 1998, unanimous consent that the resolution the Senate then proceed to its imme- should be designated as ‘‘National Inhalant and preamble be agreed to, en bloc; diate consideration. Abuse Awareness Day’’. that the motion to reconsider be laid The PRESIDING OFFICER. Without The Senate proceeded to consider the upon the table; and that any state- objection, it is so ordered. The clerk resolution. ments relating to the resolution be will report. Mr. COATS. Mr. President, I ask printed at the appropriate place in the The assistant legislative clerk read unanimous consent that the resolution RECORD. as follows: be agreed to; that the preamble be The PRESIDING OFFICER. Without A resolution (S. Res. 271) designating Octo- agreed to; that the motion to recon- objection, it is so ordered. ber 16, 1998, as ‘‘National Mammography sider be laid upon the table; and that The resolution (S. Res. 277) was Day.’’ any statements relating to the resolu- agreed to. The Senate proceeded to consider the tion be printed at the appropriate place The preamble was agreed to. resolution. in the RECORD. The resolution, with its preamble, is Mr. COATS. Mr. President, I ask The PRESIDING OFFICER. Without as follows: unanimous consent that the resolution objection, it is so ordered. S. RES. 277 be agreed to; that the preamble be The resolution (S. Res. 257) was Whereas the South Pacific region covers an agreed to; that the motion to recon- agreed to. immense area of the earth, approximately 3 sider be laid upon the table; and that The preamble was agreed to. times the size of the contiguous United any statements relating to the resolu- States; The resolution, with its preamble, is tion be printed at the appropriate place as follows: Whereas the United States seeks to main- tain strong and enduring economic, political, in the RECORD. S. RES. 257 and strategic ties with the Pacific island The PRESIDING OFFICER. Without Whereas inhalant abuse is nearing epi- countries of the region, despite the reduced objection, it is so ordered. demic proportions with over 20 percent of all diplomatic presence of the United States in The resolution (S. Res. 271) was students admitting to experimenting with the region since World War II; agreed to. inhalants by the time they graduate from Whereas Pacific island nations wield con- The preamble was agreed to. high school and only 4 percent of parents trol over vast tracts of the ocean, including The resolution, with its preamble, is suspecting their children of inhalant use; seabed minerals, fishing rights, and other as follows: Whereas according to the National Insti- marine resources which will play a major tute on Drug Abuse, inhalant use ranks third role in the future of the global economy; S. RES. 271 behind use of alcohol and tobacco for all Whereas access to these valuable resources Whereas according to the American Cancer youths through the eighth grade; will be vital in maintaining the position of Society, in 1998, 178,700 women will be diag- Whereas the over 1,000 products that are the United States as the leading world power nosed with breast cancer and 43,500 women being inhaled to get high are legal, inexpen- in the new millennium; will die from this disease; sive, and found in nearly every home and Whereas Asian countries have already rec- Whereas in the decade of the 1990’s, it is es- every corner market; ognized the important role that these Pacific timated that about 2,000,000 women will be Whereas using inhalants even once can island nations will play in the future of the diagnosed with breast cancer, resulting in lead to kidney failure, brain damage, and global economy, as evidenced by the Tokyo nearly 500,000 deaths; even death; summit meeting in October 1997 with various Whereas the risk of breast cancer increases Whereas inhalants are considered a gate- Pacific island heads of state; with age, with a woman at age 70 having way drug, one that leads to the use of harder, Whereas the Pacific has long been regarded twice as much of a chance of developing the more deadly drugs; and as one of the ‘‘last frontiers’’, with an enor- disease as a woman at age 50; Whereas because inhalant use is difficult mous wealth of uncultivated resources; and Whereas at least 80 percent of the women to detect, the products used are accessible Whereas direct United States participation who get breast cancer have no family history and affordable, and abuse is so common, in- in the human and natural resource develop- of the disease; creased education of young people and their ment of the South Pacific region would pro- Whereas mammograms, when operated parents regarding the dangers of inhalants is mote beneficial ties with these Pacific island professionally at a certified facility, can pro- an important step in our battle against drug nations and increase the possibilities of ac- vide a safe and quick diagnosis; abuse: Now, therefore, be it cess to the region’s valuable resources: Now, Whereas experts agree that mammography Resolved, That— therefore, be it is the best method of early detection of (1) it is the sense of the Senate that Octo- Resolved, That it is the sense of the Senate breast cancer, and early detection is the key ber 15, 1998, should be designated as ‘‘Na- that— to saving lives; tional Inhalant Abuse Awareness Day’’, to be (1) it is in the national interest of the Whereas mammograms can reveal the pres- observed with appropriate activities; and United States to remain actively engaged in ence of small cancers up to 2 years or more S12252 CONGRESSIONAL RECORD — SENATE October 9, 1998 before a regular clinical breast examination versary of the death of George Washington: nomic prosperity, democracy, and the Amer- or breast self-examination (BSE), reducing Now, therefore, be it ican spirit; mortality by more than 30 percent; and Resolved by the Senate (the House of Rep- Whereas Latinos in the United States, the Whereas 47 States and the District of Co- resentatives concurring), That Congress— youngest and fastest growing ethnic commu- lumbia have passed legislation requiring (1) calls upon the Nation to remember the nity in the nation, continue the tradition of health insurance companies to cover mam- life of George Washington and his contribu- honoring their children on this day, and wish mograms in accordance with recognized tions to the Nation; and to share this custom with the rest of the Na- screening guidelines: Now, therefore, be it (2) requests and authorizes the President of tion; Resolved, That the Senate— the United States— Whereas one in four Americans is projected (1) designates October 16, 1998, as ‘‘Na- (A) to issue a proclamation calling upon to be of Hispanic descent by the year 2050, tional Mammography Day’’; and the people of the United States— and there are now 10.5 million Latino chil- (2) requests that the President issue a (i) to commemorate the death of George dren; proclamation calling upon the people of the Washington with appropriate ceremonies and Whereas traditional Latino family life cen- United States to observe such day with ap- activities; and ters largely on its children; propriate programs and activities. (ii) to cause and encourage patriotic and Whereas the primary teachers of family f civic associations, veterans and labor organi- values, morality, and culture are parents and zations, schools, universities, and commu- family members, and we rely on children to REMEMBERING THE LIFE OF nities of study and worship, together with pass on these family values, morals, and cul- GEORGE WASHINGTON AND HIS citizens everywhere, to develop programs ture to future generations; CONTRIBUTIONS TO THE NATION and research projects that concentrate upon Whereas more than 500,000 children drop the life and character of George Washington out of school each year and Hispanic dropout Mr. COATS. Mr. President, I ask as it relates to the future of the Nation and rates are unacceptably high; unanimous consent that the Senate to the development and welfare of the lives Whereas the importance of literacy and proceed to the immediate consider- of free people everywhere; and education are most often communicated to ation of Senate Concurrent Resolution (B) to notify the governments of all Na- children through family members; 83. tions with which the United States enjoys Whereas families should be encouraged to relations that our Nation continues to cher- engage in family and community activities The PRESIDING OFFICER. Without ish the memory of George Washington with that include extended and elderly family objection, it is so ordered. The clerk affection and gratitude by furnishing a copy members and encourage children to explore, will report. of this resolution to those governments. develop confidence, and pursue their dreams; The assistant legislative clerk read f Whereas the designation of a day to honor as follows: the children of the Nation will help affirm DESIGNATING THE 30TH DAY OF A concurrent resolution (S. Con. Res 83) re- for the people of the United States the sig- membering the life of George Washington APRIL OF 1999, AS ‘‘DIA DE LOS nificance of family, education, and commu- and his contributions to the Nation. NINOS: CELEBRATING YOUNG nity; AMERICANS’’ Whereas the designation of a day of special The Senate proceeded to consider the recognition of children of the United States concurrent resolution. Mr. COATS. Mr. President, I ask will provide an opportunity to children to re- Mr. COATS. Mr. President, I ask unanimous consent that the Judiciary flect on their future, to articulate their unanimous consent that the resolution Committee be discharged from further dreams and aspirations, and find comfort and be agreed to; that the preamble be consideration of S. Res. 278, and the security in the support of their family mem- agreed to; that the motion to recon- Senate then proceed to its immediate bers and communities; sider be laid upon the table; and that consideration. Whereas the National Latino Children’s In- The PRESIDING OFFICER. Without stitute, serving as a voice for children, has any statements relating to the resolu- worked with cities throughout the country tion be printed at the appropriate place objection, it is so ordered. The clerk to declare April 30 as ‘‘Dı´a de los Nin˜ os: Cele- in the RECORD. will report. brating Young Americans’’—a day to bring The PRESIDING OFFICER. Without The legislative clerk read as follows: together Latinos and other communities na- objection, it is so ordered. A resolution (S. Res. 278) designating the tionwide to celebrate and uplift children; The concurrent resolution (S. Con. 30th day of April of 1999, as ‘‘Dia de los and Res. 83) was agreed to. Ninos: Celebrating Young Americans’’, and Whereas the children of a nation are the The preamble was agreed to. for other purposes. responsibility of all its citizens, and citizens The PRESIDING OFFICER. Is there should be encouraged to celebrate the gifts The resolution, with its preamble, is of children to society—their curiosity, as follows: objection to the immediate consider- laughter, faith, energy, spirit, hopes, and S. CON. RES. 83 ation of the resolution? dreams: Now, therefore, be it There being no objection, the Senate Whereas December 14, 1999, will be the Resolved, That the Senate designates the proceeded to consider the resolution. 200th anniversary of the death of George 30th of April of 1999, as ‘‘Dı´a de los Nin˜ os: Mr. COATS. I ask unanimous consent Washington, the father of our Nation and the Celebrating Young Americans’’ and requests protector of our liberties; that the resolution be agreed to, the that the President issue a proclamation call- Whereas the standards established by preamble be agreed to, the motion to ing on the people of the United States to join George Washington’s steadfast character and reconsider be laid upon the table, and devotion to duty continue to inspire all men with all children, families, organizations, any statements relating to the resolu- communities, churches, cities, and States and women in the service of their country tion appear at the appropriate place in and in the conduct of their private lives; across the Nation to observe the day with ap- Whereas the Mount Vernon Ladies’ Asso- the RECORD. propriate ceremonies, beginning April 30, ciation of the Union, which maintains the The PRESIDING OFFICER. Without 1999, that include— Mount Vernon estate and directs research objection, it is so ordered. (1) activities that center around children, and education programs relating to George The resolution (S. Res. 278) was and are free or minimal in cost so as to en- Washington’s contribution to our national agreed to. courage and facilitate the participation of life, has requested all Americans to partici- The preamble was agreed to. all our citizens; pate in the observance of this anniversary; The resolution, with its preamble, (2) activities that are positive, uplifting, Whereas bells should be caused to toll at reads as follows: and that help children express their hopes places of worship and institutions of learning and dreams; for the duration of 1 minute commencing at S. RES. 278 (3) activities that provide opportunities for 12 o’clock noon, central standard time, Whereas many of the nations throughout children of all backgrounds to learn about throughout the Nation, on the 200th anniver- the world, and especially within the Western one another’s cultures and share ideas; sary of the death of George Washington; hemisphere, celebrate ‘‘Dı´a de los Nin˜ os’’ on (4) activities that include all members of Whereas the flag of the United States the 30th of April, in recognition and celebra- the family, and especially extended and el- should be lowered to half staff on the 200th tion of their country’s future—their chil- derly family members, so as to promote anniversary of the death of George Washing- dren; greater communication among the genera- ton; and Whereas children represent the hopes and tions within a family, enabling children to Whereas the example set by George Wash- dreams of the citizens of the United States; appreciate and benefit from the experiences ington is of the utmost importance to the fu- Whereas children are the center of Amer- and wisdom of their elderly family members; ture of the Nation, and it is the responsibil- ican families; (5) activities that provide opportunities for ity of private and government institutions to Whereas children should be nurtured and families within a community to get ac- prepare for the observation of the 200th anni- invested in to preserve and enhance eco- quainted; and October 9, 1998 CONGRESSIONAL RECORD — SENATE S12253 (6) activities that provide children with the and any other former or current em- sistance to the State of Maryland for a pilot support they need to develop skills and con- ployees of the Senate, except where a program to develop measures to eradicate or fidence, and find the inner strength—the will privilege should be asserted, with rep- control nutria and restore marshland dam- and fire of the human spirit—to make their resentation by the Senate Legal Coun- aged by nutria. dreams come true. sel. The resolution would also author- The PRESIDING OFFICER. Is there f ize the Senate Legal Counsel to rep- objection to the immediate consider- WAIVING CERTAIN ENROLLMENT resent Senator CRAIG and his employ- ation of the bill? REQUIREMENTS ees in connection with this matter in There being no objection, the Senate order to protect the Senator’s privi- proceeded to consider the bill. Mr. COATS. Mr. President, I ask Mr. SARBANES. Mr. President, this unanimous consent that the Senate leges. Mr. COATS. Mr. President, I ask legislation authorizes the Secretary of now proceed to House Joint Resolution Interior to provide assistance to the 131 received from the House. unanimous consent that the resolution be agreed to, the preamble be agreed State of Maryland in controlling a non- The PRESIDING OFFICER. The native rodent—nutria—which is de- clerk will report. to, the motion to reconsider be laid upon the table, and that any state- stroying wetlands and valuable habitat The legislative clerk read as follows: at and around Blackwater National A joint resolution (H.J. Res. 131) waiving ments relating to the resolution appear at the appropriate place in the RECORD. Wildlife Refuge on the Eastern Shore of certain enrollment requirements for the re- Maryland. Sponsored by my colleague mainder of the One Hundred Fifth Congress The PRESIDING OFFICER. Without with respect to any bill or joint resolution objection, it is so ordered. Representative GILCHREST, the legisla- making general or continuing appropriations The resolution (S. Res. 297) was tion establishes a three year dem- for fiscal year 1999. agreed to. onstration program of methods of man- The PRESIDING OFFICER. Is there The preamble was agreed to. age nutria populations and to restore objection to the immediate consider- The resolution, with its preamble, marshlands damaged by the destruc- ation of the joint resolution? reads as follows: tive creature. Mr. President, Blackwater National There being no objection, the Senate S. RES. 297 proceeded to consider the joint resolu- Wildlife Refuge is one of the real treas- Whereas, in the case of Student Loan Fund ures and showplaces of our National tion. of Idaho, Inc. v. Riley, et al., Case No. CV 94– Mr. COATS. Mr. President, I ask 0413–S–LMB, pending in the United States Wildlife Refuge system. Established in unanimous consent that the resolution District Court for the District of Idaho, tes- the early 1930s to help preserve migra- be considered read a third time and timony has been requested from Elizabeth tory waterfowl, the 20,000 acre refuge passed, and the motion to reconsider be Criner, a former employee of Senator Larry has become one of the chief wintering laid upon the table. Craig; areas for Canada geese along the Atlan- The PRESIDING OFFICER. Without Whereas, pursuant to sections 703(a) and tic Flyway. It is also home for the en- 704(a)(2) of the Ethics in Government Act of objection, it is so ordered. dangered Delmarva Fox Squirrel and 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the more than 200 species of birds. As all The joint resolution (H.J. Res. 131) Senate may direct its counsel to represent was considered read the third time and Senators and employees of the Senate with who visit the refuge quickly discover, passed. respect to any subpoena, order, or request Blackwater is a very special place: a f for testimony relating to their official re- haven for fish and wildlife , a land of sponsibilities; exceptional beauty, and a vital part of AUTHORIZING TESTIMONY AND Whereas, by the privileges of the Senate of the natural heritage and quality of life REPRESENTATION BY SENATE the United States and Rule XI of the Stand- that we enjoy in Maryland. LEGAL COUNSEL ing Rules of the Senate, no evidence under Unfortunately the Refuge and sur- the control or in the possession of the Senate rounding wetlands are being threat- Mr. COATS. Mr. President, I ask may, by the judicial process, be taken from unanimous consent that the Senate such control or possession but by permission ened by the prolific and highly invasive proceed to the immediate consider- of the Senate; nonindigenous species nutria which are ation of S. Res. 297 submitted earlier Whereas, when it appears that evidence destroying the tidal marshes and even by Senators LOTT and DASCHLE. under the control or in the possession of the displacing other native species. Over The PRESIDING OFFICER. The Senate may promote the administration of the past three decades, the population clerk will report the resolution. justice, the Senate will take such action as of nutria in Maryland has grow expo- The legislative clerk read as follows: will promote the ends of justice consistently nentially from about 150 to as many as with the privileges of the Senate: Now, 150,000—a thousand fold increase. Dur- A resolution (S. Res. 297) to authorize tes- therefore, be it timony and representation of former and Resolved, That Elizabeth Criner, and any ing that same period, Blackwater Na- current Senate employees and representa- other former or current Senate employee tional Wildlife Refuge has lost more tion of Senator CRAIG in Student Loan Fund from whom testimony may be required, are than 40 percent of its marshes—ap- of Idaho, Inc. v. Riley, et al. authorized to testify in the case of Student proximately 7,000 of 17,000 acres—due, The PRESIDING OFFICER. Is there Loan Fund of Idaho, Inc. v. Riley, et al., ex- in large part, to nutria. As nutria popu- objection to the immediate consider- cept concerning matters for which a privi- lation densities continue to increase, ation of the resolution? lege should be asserted. so does the range of the creature and There being no objection, the Senate SEC. 2. The Senate Legal Counsel is author- its associated ecological damage. proceeded to consider the resolution. ized to represent Senator Larry Craig, Eliza- In order to respond to this threat, the beth Criner, and any other Member or em- Mr. LOTT. Mr. President, this resolu- ployee of the Senate in connection with the Maryland Department of Natural Re- tion concerns a request for testimony testimony authorized in section one of this sources, the U.S. Fish and Wildlife in a civil action set for trial in the U.S. resolution. Service, the USDA Animal and Plant District Court for District of Idaho. f Health Inspection Service, the Univer- This case arises out of a dispute be- sity of Maryland and more than a tween the plaintiff, a private corpora- AUTHORIZING THE SECRETARY OF dozen other partners have joined to- tion, and the Department of Education THE INTERIOR TO PROVIDE FI- gether to develop a plan to address concerning the status of certain stu- NANCIAL ASSISTANCE TO THE march loss and control of nutria. The dent loan guaranty reserve funds. STATE OF MARYLAND goal of this three year pilot program is Counsel for the plaintiff wishes to Mr. COATS. Mr. President, I ask to develop methods for intensive con- question a former member of Senator unanimous consent that the Senate trol of the nutria populations and to CRAIG’s staff about her recollection of proceed to the immediate consider- restore damaged marsh habitats. This meetings with representatives from the ation of H.R. 4337 received from the legislation authorizes the Federal Department of Education during a time House. funds necessary to carry out the pro- period in which she served as a legisla- The PRESIDING OFFICER. The gram. I urge adoption of the legisla- tive aid to the Senator. clerk will report. tion. This resolution would authorize tes- A bill (H.R. 4337) to authorize the Sec- Mr. COATS. I ask unanimous consent timony by the former staff member, retary of the Interior to provide financial as- that the bill be considered read a third S12254 CONGRESSIONAL RECORD — SENATE October 9, 1998 time and passed, the motion to recon- ‘‘(B) working with Federal departments AMENDMENT NO. 3810 sider be laid upon the table, and that and agencies to expedite to the greatest ex- (Purpose: To amend the Technology any statements relating to the bill ap- tent possible the implementation of the Administration Act of 1998) pear at the appropriate place in the Council’s recommendations; ‘‘(C) presenting draft legislation to Con- Mr. COATS. Mr. President, Senator RECORD. gress for implementation of the rec- FRIST has a substitute amendment at The PRESIDING OFFICER. Without ommendations requiring legislative changes; the desk, and I ask for its consider- objection, it is so ordered. ‘‘(D) initiating discussions with the State ation. The bill (H.R. 4337) was considered of California and its agencies to identify spe- The PRESIDING OFFICER. The read the third time and passed. cific areas where State actions or tribal- clerk will report. f State cooperation can complement actions The legislative clerk read as follows: by the Federal Government to implement ADVISORY COUNCIL ON CALIFOR- specific recommendations; The Senator from Indiana [Mr. COATS], for NIA INDIAN POLICY EXTENSION ‘‘(E) providing timely information to and Mr. FRIST and Mr. ROCKEFELLER, proposes an ACT OF 1998 consulting with California Indian tribes on amendment numbered 3810. Mr. COATS. Mr. President, I ask discussions between the Council and Federal (The text of the amendment is print- and State agencies regarding implementa- ed in today’s RECORD under ‘‘Amend- unanimous consent that the Senate tion of the recommendations; and now proceed to the consideration of ments Submitted.’’) ‘‘(F) providing annual progress reports to Mr. COATS. Mr. President, I ask calendar No. 595, H.R. 3069. the Committee on Indian Affairs of the Sen- The PRESIDING OFFICER. The ate and the Committee on Resources of the unanimous consent that the substitute clerk will report. House of Representatives on the status of amendment be agreed to, the bill be The legislative clerk read as follows: the implementation of the recommenda- read the third time and passed, the mo- A bill (H.R. 3069) to extend the Advisory tions.’’. tion to reconsider be laid upon the Council on California Indian Policy to allow (b) TERMINATION.—The first sentence of table, and that any statements relating the Advisory Council to advise Congress on section 8 of the Advisory Council on Califor- to the bill appear in the RECORD. the implementation of the proposals and rec- nia Indian Policy Act of 1992 (106 Stat. 2136) The PRESIDING OFFICER. Without ommendations of the Advisory Council. is amended to read as follows: ‘‘The Council objection, it is so ordered. shall cease to exist on March 31, 2000.’’. The PRESIDING OFFICER. Is there The amendment (No. 3810) was agreed objection to the immediate consider- SEC. 4. HEALTH OR SOCIAL SERVICES FACILITY. to. ation of the bill? Section 1004(a) of the Coast Guard Authoriza- The bill (H.R. 1274), as amended, was tion Act of 1996 (Public Law 104–324; 110 Stat. There being no objection, the Senate 3956) is amended by striking ‘‘use other than for read the third time and passed. proceeded to consider the bill, which a facility for the provision of health programs f had been reported from the Committee funded by the Indian Health Service (not in- on Indian Affairs, with an amendment; cluding any such programs operated by Ketch- WORKFORCE IMPROVEMENT AND as follows: ikan Indian Corporation prior to 1993)’’ and in- PROTECTION ACT OF 1998 (The part of the bill intended to be serting ‘‘use as a health or social services facil- Mr. COATS. Mr. President, I now ask ity’’. inserted is shown in italic.) unanimous consent that the Senate H.R. 3069 Mr. COATS. Mr. President, I ask proceed to the consideration of H.R. Be it enacted by the Senate and House of Rep- unanimous consent that the committee 3736, a bill to amend the Immigration resentatives of the United States of America in amendment not be agreed to. and Nationality Act to make changes Congress assembled, The PRESIDING OFFICER. Without relating to H–1B nonimmigrants. SECTION 1. SHORT TITLE. objection, it is so ordered. The PRESIDING OFFICER. Is there This Act may be cited as the ‘‘Advisory The committee amendment was re- objection? Council on California Indian Policy Exten- jected. sion Act of 1998’’. Mr. HARKIN. I object. Mr. COATS. I ask unanimous consent SEC. 2. FINDING AND PURPOSE. The PRESIDING OFFICER. The ob- (a) FINDING.—Congress finds that the Advi- the bill be considered read a third time jection is heard. sory Council on California Indian Policy, and passed, the motion to reconsider be Mr. COATS. Mr. President, I regret pursuant to the Advisory Council on Califor- laid upon the table, and that any state- that this objection is being made. The nia Indian Policy Act of 1992 (Public Law ments relating to the bill appear at the bill is vital to the technology industry, 102–416; 25 U.S.C. 651 note), submitted its pro- appropriate place in the RECORD. and this objection makes it impossible posals and recommendations regarding reme- The PRESIDING OFFICER. Without to pass the bill this year. dial measures to address the special status of objection, it is so ordered. Mr. HARKIN. Will the Senator yield California’s terminated and unacknowledged Indian tribes and the needs of California In- The bill (H.R. 3069), as amended, was for about 3 minutes? dians relating to economic self-sufficiency, considered read the third time and Mr. COATS. I am happy to yield to health, and education. passed. the Senator. (b) PURPOSE.—The purpose of this Act is to Mr. HARKIN. I appreciate the Sen- allow the Advisory Council on California In- f ator from Indiana yielding to me to ex- dian Policy to advise Congress on the imple- plain why I object to this. mentation of such proposals and rec- NATIONAL INSTITUTE OF STAND- Before I get into that, let me say ommendations. that I was here for part of his speech. SEC. 3. DUTIES OF ADVISORY COUNCIL REGARD- ARDS AND TECHNOLOGY ACT ING IMPLEMENTATION OF PROPOS- He thanked his staff. I thought it was ALS AND RECOMMENDATIONS. Mr. COATS. Mr. President, I ask a very gracious and wonderful thing (a) IN GENERAL.—Section 5 of the Advisory unanimous consent that the Commerce the Senator did. It was really nice. Council on California Indian Policy Act of Committee be discharged from further I must say, I will miss you here in 1992 (106 Stat. 2133) is amended by striking consideration of H.R. 1274, and further, the Senate, DAN. As I said before, you ‘‘and’’ at the end of paragraph (6), by strik- that the Senate then proceed to its im- have been a wonderful person to work ing the period at the end of paragraph (7) and mediate consideration. with. I hate to end it on this note, inserting ‘‘; and’’, and by adding at the end The PRESIDING OFFICER. The where I am objecting to something the following new paragraph: clerk will report. ‘‘(8) work with Congress, the Secretary, that you are bringing up. You have the Secretary of Health and Human Services, The legislative clerk read as follows: been a great Senator. You have been a and the California Indian tribes, to imple- A bill (H.R. 1274) to authorize appropria- great human being to work with. We ment the Council’s proposals and rec- tions for the National Institute of Standards will miss you. I will miss you, person- ommendations contained in the report sub- and Technology for fiscal years 1998 and 1999, ally. All of my friends who have left mitted under paragraph (6), including— and for other purposes. said there is a life beyond the Senate. ‘‘(A) consulting with Federal departments The PRESIDING OFFICER. Is there Quite frankly, it is probably a lot bet- and agencies to identify those recommenda- tions that can be implemented immediately, objection to the immediate consider- ter, considering we are here at 7:30 on or in the very near future, and those which ation of the bill? a Friday night. will require long-term changes in law, regu- There being no objection, the Senate Mr. President, I just want to explain lations, or policy; proceeded to consider the bill. why I object to this bill. This is the bill October 9, 1998 CONGRESSIONAL RECORD — SENATE S12255 that would have increased the number the highest reported by the survey since Jan- widely anticipated programmer shortage of H–1B visas from 65,000 per year to uary 1996. The amount has generally in- never quite materialized, but another short- 115,000 for next year and the year after, creased each month this year. age has proved far more dangerous. ‘‘We’d always heard the industry speak of then drop down to 107,500 in 2001 and And the total number of job cuts for all in- dustries was up 53 percent—about 150,000 job- demand for programmers, but the more criti- back down to 65,000 thereafter. cut announcements—from the amount for cal and unexpected demand is for project Now, ostensibly, the reason for doing the first nine months of 1997. managers,’’ says Irene Dec, vice president of this, and why this came up in the last But perhaps the most striking change was information systems at the Prudential Insur- couple of years, is that there was pro- in the high-tech industries. While elec- ance Company of America in Newark, NJ. jected to be a big shortage in computer tronics, computers and telecommunications The article pointed out, quite frank- programmers. Thus, there was this big were not among the top five industries in ly, that the programmers are in fine push to increase the number of H–1B job-cut announcements last year at this time, all three industries were now in that shape. What they are really looking for visas, to get these computer program- category. are program managers. I understand mers. Electronics, which includes chip manufac- the H–1B visa does not in any way ad- It turns out that has, indeed, not turing, had more announcements than any dress that problem at all. happened. In fact, I have three recent other industry. The number had increased to I ask unanimous consent this article articles. One is from the San Jose Mer- nearly 70,000, eight times more than the first also be printed in the RECORD. cury News dated October 6, 1998. It nine months of last year, according to the There being no objection, the article says: Challenger survey. was ordered to be printed in the Computers ranked second in total job-cut High-tech Layoffs are Accelerating. announcements, with 44,000. That rep- RECORD, as follows: They pointed out in the article: resented nearly three times the number from [From Computerworld, Oct. 5, 1998] Computers ranked second in total job-cut last year. THE MILLENNIUM’S SUPERSTARS announcements, with 44,000. That rep- Telecommunications was placed fifth. It YEAR 2000 PROJECT MANAGERS ARE WORTH resented nearly three times the number from increased to nearly 29,000, four times the THEIR WEIGHT IN GOLD. HOW DO YOU KEEP last year. amount in 1997. THEM? The changing job market can be seen at (By Kathleen Melymuka) The article goes on to say: the Career Action Center, a career resource The changing job market can be seen at center in Cupertino, where counselors are The year 2000 retention drama is playing the Career Action Center, a career resource seeing more people come in. Job searches are out differently from what was expected. The center in Cupertino, where counselors are taking more time, companies are taking widely anticipated programmer shortage seeing more people come in. Job searches are longer to make their hiring decision and never quite materialized, but another short- taking more time, companies are taking some businesses have even enacted hiring age has proved far more dangerous. longer to make their hiring decision, and freezes, said Betsy Collard, the center’s stra- ‘‘We’d always heard the industry speak of some businesses have even enacted hiring tegic development director. demand for programmers, but the more criti- freezes, said Betsy Collard, the center’s stra- While the center posted 10,000 jobs in Au- cal and unexpected demand is for project tegic development director. gust, that was down from the 13,500 it posted managers,’’ says Irene Dec, vice president of While the center posted 10,000 jobs in Au- a year earlier. information systems at The Prudential In- gust, that was down from 13,500 it posted a But, Collard stressed, ‘‘It is still a very surance Company of America in Newark, year earlier. good job market.’’ N.J. I ask unanimous consent the article Indeed, the Challenger survey should not ‘‘Those are the people that make the dif- inspire panic in Silicon Valley. Its findings ferent between success and failure,’’ says be printed in the RECORD. Chas Snyder, who heads the year 2000 project There being no objection, the article reveal only a small and recent dent in an economic miracle that has included phe- at Levi Strauss & Co. in San Francisco. ‘‘If was ordered to be printed in the nomenal job growth. somebody is experienced at running an effort RECORD, as follows: Another report, issued this week by the like this for a large company, the knowledge [From the San Jose Mercury News, Oct. 6, American Electronics Association, showed they develop is invaluable.’’ 1998] how Silicon Valley extended its reach Keeping programmers ‘‘has not been as big a problem as people thought it was going to HIGH-TECH LAYOFFS ARE ACCELERATING throughout California from 1990 to 1996. While Santa Clara County added almost be,’’ says Jim Jones, managing director of (By Jonathan Rabinovitz) 25,000 high-tech jobs during that period to the year 2000 group at the Information Man- High-technology industries have cut four reach a total of 221,000 technology jobs—a 12 agement Forum in Atlanta. ‘‘It’s not the times as many jobs nationally in 1998 as they percent increase—other California metro- worker-bee folks they’re hurting for; it’s did in the same period last year, imposing politan areas had substantial employment project managers.’’ more layoffs than almost every other sector growth in the tech industries. An August survey of 100 contracting and of the economy, according to a report re- The Sacramento area, for instance, had consulting firms by the Information Tech- leased Tuesday by an international outplace- 30,000 high-tech jobs by 1996, a 56 percent nology Association of America (ITAA) ment firm. jump from six years earlier. San Mateo, San showed that the ‘‘overwhelming majority’’ The survey of job-cut announcements was Francisco and Marin Counties had a total of have more programmers than they can use. yet another signal of the slowing of eco- about 49,000 high-tech jobs, up 37 percent The ITAA called the anticipated program- nomic growth both in Silicon Valley and na- over the same period. And Alameda and mer shortage ‘‘a marketplace failing to live tionally. It attributed many of the reduc- Contra Costa Counties had 53,000, a 14 per- up to its prior billing.’’ tions to the global financial crisis, particu- cent increase from 1990. The supply of year 2000 programmers has larly the recession that has gripped much of Still, the continued growth had a new facet been bigger than expected because many cor- Asia. this year, it was accompanied by a spate of porations outsourced coding to offshore com- And while the labor market in the San down-sizing efforts that approach the scope panies, vendors developed year 2000 tools Jose area remains tight—the 3.4 percent un- of the deepest cuts of the decade in 1993, that automated much of the coding process, employment rate in August was down from Challenger said. and schools and training facilities graduated last year—one of the authors of the study Over the last year, many of Silicon Val- a bumper crop of programmers geared to the said that this year’s downsizing tend has al- ley’s most revered companies have an- job. ready dimmed the rampant optimism that nounced layoffs. Santa Clara-based Applied With programmers available, companies once pervaded Silicon Valley. Materials has eliminated almost one out of realized where the real crunch would be. ‘‘People used to say that you don’t have every four positions. Scotts Valley-based ‘‘Even the best programmers in the world anything to worry about, but that’s not the Seagate said in January it would reduce its can’t make it happen if no one is managing,’’ case any more,’’ said John A. Challenger, work force by 10,000 employees worldwide. Dec says. chief executive of Challenger, Gray & Christ- And San Jose-based Adobe Systems said it Depending on the organization, year 2000 mas Inc., the Chicago-based company that would cut anywhere between 240 to 300 jobs. project managers may be found at every compiles the monthly survey. ‘‘The ice The Challenger Survey has been conducted level—and every salary—from corporate vice seems a little bit thinner right now.’’ since 1993. It is based entirely on public re- presidents through division managers, busi- Still, Silicon Valley and the state continue ports of job cuts and calculates all reduc- ness functional team leaders and department to add thousands of jobs, at a pace that out- tions announced by U.S.-based companies. honchos. There may be one project manager, strips the rate of layoffs, though job growth Mr. HARKIN. Another recent article or there may be a pyramid of project man- has slowed both here and nationally. agers—from each division or business unit, The layoffs in high-tech companies come from Computer World, dated October 5, for example—reporting to a chief. But wher- against a backdrop of increased job-cut an- 1998, talked about the same subject: ever they are found, they are hard to keep. nouncements across the country. The Sep- The year 2000 retention drama is playing ‘‘We know that our people are being called tember figure for job-cut announcements was out differently from what was expected. The [by headhunters] because they tell us,’’ says S12256 CONGRESSIONAL RECORD — SENATE October 9, 1998 Gael Hanover, senior director of human re- Mr. HARKIN. Mr. President, I think Obviously, we don’t need to pass this sources for information systems at Sears. this bill, at the time it came up, was bill right now. I think we can take an- Roebuck and Co. in Hoffman Estates, Ill. probably well intentioned. other look at it next year to see if, in ‘‘Consulting firms can dangle pretty big sala- Another article I want to have print- fact, there is any problem. We can al- ries, and we can’t.’’ In fact, some consulting firms are so des- ed in the RECORD is an article from ways come back and look at this again perate for project managers that they are Labor Relations Week, dated Septem- next year, but right now it does not ap- willing to pay them at the rate they bill cus- ber 30, 1998: pear that the demand is there that tomers for their services. ‘‘The projects can’t The latest data from the Challenger report they anticipated a couple of years ago. get done without project managers, so if showed that so far this year, electronics in- Mr. COATS. Mr. President, first of they bill [companies] at $125 an hour, they’re dustry job reductions announcements have willing to give [project managers] $125 an totaled 60,845, and those in the computer in- all, I thank the Senator from Iowa for hour,’’ Jones says. ‘‘No corporation can do dustry totaled 40,642. his kind comments. We have served to- that.’’ I ask unanimous consent this article gether in the Labor Committee for a But corporations have come up with other 10-year period of time. While we have strategies to keep their year 2000 project be printed in the RECORD. There being no objection, the article had our disagreements, we have also managers on the job through the millen- agreed on a number of things. I have nium. Some strategies rely on the lure of was ordered to be printed in the money and perks, but most are based on the RECORD, as follows: enjoyed working with him. understanding that retention has to be a [From Labor Relations Week, Sept. 30, 1998] I understand, but regret, the objec- long-term effort because the need for project LAYOFF REPORTS OUTPACING LEVEL SEEN tion of this unanimous consent re- managers won’t go away after 2000. LAST YEAR; HIGH-TECH HIT HARD quest. There obviously is a difference RECOGNITION AND ROTATION With high-technology industries particu- of opinion as to the need for support in At Kraft Foods, Inc. in Northfield, Ill., larly hard hit, the pace at which U.S. cor- the technology industry, the computer where the overall IS turnover rate is 5%, porations are announcing workforce reduc- industry, particularly with the Y2K Chief Information Officer Jim Kinney has tions remained brisk through August, ac- problem. That issue will have to be re- been very careful to make year 2000 a high- cording to the latest figures from the inter- profile, high-recognition temporary job. national outplacement firm Challenger, solved. There is honest disagreement ‘‘We’ve chosen very good people for project Gray & Christmas. here. We will pick the issue up in the teams,’’ he says. Most work only on the ap- In August, U.S. companies announced that next Congress. plication set for which they’re normally re- they plan to make job cuts totaling 37,717, Mr. ABRAHAM. Mr. President, I sponsible. ‘‘Once that’s finished, they rotate the Challenger report, released Sept. 8, said. would like to turn my attention briefly back to their regular assignment,’’ Kinney That figure, while it was smaller than re- explains. ported in July, put the total for the first to the issue which was discussed by the Smart companies are making sure their eight months of this year at 358,394—which is Senator from Iowa in raising objection year 2000 project managers don’t stagnate 37 percent higher than the total for the com- to proceeding with the legislation during the project. ‘‘Folks focused on year parable period of 1997. aimed at trying to expand the number 2000 are being sent to appropriate training In fact, the January-to-August total for of H–1B entries as permitted on an an- and conferences and classes so they can stay this year is only 11 percent lower than the nual basis to be employed by American up with technology,’’ Dec says. She has lost total reported by Challenger for the same pe- businesses. only five of the 60 to 80 people in her year riod in 1993, the year that the firm began its 2000 program management team. layoff survey. The Senator focused on a very nar- Keane, Inc. in Boston, a provider of year ‘‘There have been a significant number of row issue in raising his objection—spe- 2000 services, has established an internal or- downsizing announcements in 1998, reflecting cifically, the argument based on sev- ganization to look after the career develop- a number of factors that include the global eral newspaper stories that there is not ment of its project managers, says David situation, especially in Asia.’’ John Chal- a shortage of skilled workers in the Pollard, Keane’s director of recruiting. lenger, executive vice president of the firm, ‘‘Rather than simply throw cash at the told BNA. He said that given the increased high-tech industries. issue, we tapped into meeting their develop- pressure on some U.S. industries due to the Virtually every study that I have ment objectives and getting [them] the right Asian economic crisis, there are likely to be seen—and as the principal sponsor of training so they can be successful in the long more layoff announcements in the industries the legislation when it was in the Sen- haul,’’ he says. Turnover has declined 30% most affected. ate, I made most of those available as since the development organization was The latest data from the Challenger report founded last year. showed that so far this year, electronics in- part of the RECORD—indicates that, in- MONEY dustry job reductions announcements have deed, we have a very severe shortage in There’s nothing wrong with money judi- totaled 60,845, and those in the computer in- these high-tech worker job slots. Vir- ciously deployed, and bonuses of 20% of sal- dustry totaled 40,642. ginia Tech University conducted a re- ary aren’t uncommon. Sears is offering year ‘‘We’ve seen the 10 largest mergers in cent study which indicated over 340,000 2000 project managers and selected other [U.S.] history all announced since last fall,’’ vacancies in information technology periodic cash bonuses through April 2000. Challenger said, citing another indication of positions that exist today in this coun- ‘‘If we lost one of these folks, we would be labor market flux. In many cases, companies try. Our Department of Commerce con- are reducing their workforces in one area at hurting more than if we lost 10 other people. ducted a study which revealed it is an- So rather than spread [the money] to every- the same time that they are adding employ- one, we do more for some,’’ Hanauer says. ees in other areas, he said. ticipated that in each of the next 10 While Challenger said that he does not ex- years we will generate over 130,000 new BE PREPARED pect 1998 to surpass 1993 in total layoff an- information technology jobs and yet Nothing can guarantee that you will retain nouncements, he said that the fact that the the combined resources of our colleges, the people crucial to your year 2000 effort. total for the first eight months of this year Knowing that, Snyder planned for the worst. universities, and job training programs is so close to 1993 total indicates that ‘‘com- and high schools is only likely to fill a ‘‘My biggest fear was to lose people in high panies are quicker to respond to changes in leverage points,’’ he says. ‘‘So for my core the marketplace.’’ fraction of those every year. This is a four or five managers, I designed responsibil- Layoff announcements tracked by the severe problem, and it is especially se- ities to be shared. That way, if I lost one, we Challenger firm are based on publicly re- vere at this time. could cover the responsibility easily.’’ leased estimates of planned workforce reduc- He did lose one, he says, ‘‘but we were able The Senator from Iowa talks about tions that could take place immediately or moving us to next year. Well, next year to pick up the slack running.’’ over an extended period of time, the firm THE BIG PICTURE said. Announcements of job reduction plans just happens to be the last few months Unlike year 2000 programmers, who know are verified by the Challenger firm, and the prior to the year 2000. By the time this their peak earning time is limited, project tallies are revised only if companies an- legislation might be brought back be- managers have the luxury of a long view. If nounce that they have changed their plans, fore us, we will be in a situation where your company’s view is the same, you have the firm said. the Federal Government as well as the an advantage. ‘‘Year 2000 is a short-term Mr. HARKIN. Mr. President, I object companies from one end of America to brass ring,’’ Snyder says. ‘‘There might be because I think while this maybe had the other are going to be confronted enough in a year or two to make it worth- while for some people to leave, but if you’re some legitimacy at some time because with the final crisis stages of trying to thinking long term, it’s not enough. The peo- of the projected shortage in computer prepare our high-tech systems for the ple I have are long-term Levi’s employees, programmers, every indication is that Year 2K problems that we have all been and they plan on staying here.’’∑ has not happened. raving so much about. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12257 If we do not pass this legislation, it is may have concerns. I hope they will Sec. 104. Repeat offenders in transportation of- going to be Senators such as the Sen- rethink this. I hope they will realize, in fense. ator who raised this objection and oth- undermining this legislation, in stop- Sec. 105. Inclusion of offenses relating to child ers who have impeded the progress in ping it at this time, they are going to pornography in definition of sex- this legislation who are going to have be hurting not just the business sector ual activity for which any person and the information technology sector, can be charged with a criminal of- to explain to all of those whose sys- fense. but the academic sector. They are also tems break down why it is that hap- Sec. 106. Transportation generally. pened, because one of the problems we going to prevent us from instituting a are having confronting the Year 2K whole new array of job training pro- TITLE II—PROTECTION OF CHILDREN FROM CHILD PORNOGRAPHY problems is an inadequate number of grams and scholarship programs that people to perform all of the various in- were going to be launched by this legis- Sec. 201. Additional jurisdictional base for pros- lation. So I hope they will take a look ecution of production of child formation technology jobs required to pornography. be conducted for those problems to be at that, reconsider, and if they look at the numbers a little more closely, I Sec. 202. Increased penalties for child pornog- fixed. That is just one aspect of it. It is raphy offenses. late in the evening so I am not going to think they will reach the same conclu- TITLE III—SEXUAL ABUSE PREVENTION go into all of the many others, but I sions we have. think that any study that has been Mr. President, I close by saying I Sec. 301. Elimination of redundancy and ambi- conducted by serious researchers re- hope the Senator from Iowa, and others guities. veals that there not only exists, but who might share his position, again Sec. 302. Increased penalties for abusive sexual contact. will continue to be, an ever larger will look closely at the statistics I have talked about tonight, examine all Sec. 303. Repeat offenders in sexual abuse number of vacancies in this area. cases. This legislation that was stopped to- the other aspects of this legislation night not only covers increasing the and what it will mean if it does not TITLE IV—PROHIBITION ON TRANSFER OF number of high-tech workers, it also is move forward in all the different con- OBSCENE MATERIAL TO MINORS a very important piece of legislation to texts I have outlined and the many Sec. 401. Transfer of obscene material to mi- our academic institutions—in two re- others I have not had time for, rethink nors. spects. First, regarding many of the whether or not it is appropriate to put TITLE V—INCREASED PENALTIES FOR OF- high-tech jobs, many of the H–1B visa this off to some future date, and think FENSES AGAINST CHILDREN AND FOR about the consequences, whether it is users are in fact employed on our cam- REPEAT OFFENDERS in the context of the Y2K problems or puses teaching American kids how to Sec. 501. Death or life in prison for certain of- the current economic conditions we perform these high-technology jobs so fenses whose victims are children. have in the world marketplace where we can meet the demand in this area in Sec. 502. Sentencing enhancement for chapter America’s high-tech industries’ growth the future. If we do not have these sci- 117 offenses. is essential to the maintenance of our entists, these educators, we are going Sec. 503. Increased penalties for use of a com- economic strength, and reconsider puter in the sexual abuse or ex- to continue to fail to meet the chal- their position. ploitation of a child. lenge. I yield the floor. Sec. 504. Increased penalties for knowing mis- In addition, our academic institu- f representation in the sexual abuse tions were relying on the passage of or exploitation of a child. this legislation to address a very seri- PROTECTION OF CHILDREN FROM Sec. 505. Increased penalties for pattern of ac- ous problem created by the Hathaway SEXUAL PREDATORS ACT OF 1998 tivity of sexual exploitation of decision with regard to the prevailing Mr. COATS. Mr. President, I now ask children. wage they must pay people who come unanimous consent that the Senate Sec. 506. Clarification of definition of distribu- in under the H–1B Program. So this proceed to the consideration of cal- tion of pornography. does not just affect the private sector, endar No. 587, H.R. 3494. Sec. 507. Directive to the United States Sentenc- it affects our academic institutions as The PRESIDING OFFICER. Without ing Commission. well. objection, it is so ordered. TITLE VI—CRIMINAL, PROCEDURAL, AND In addition, the Senator from Iowa The clerk will report. ADMINISTRATIVE REFORMS and others who question the problem The legislative clerk read as follows: Sec. 601. Pretrial detention of sexual predators. do not need to just listen to people on A bill (H.R. 3494) to amend Title 18 United Sec. 602. Criminal forfeiture for offenses against our side of the aisle. They can listen to States Code with respect to violent sex minors. the President of the United States who, crimes against children, and for other pur- Sec. 603. Civil forfeiture for offenses against mi- I believe just 2 weeks ago this evening, poses. nors. was in Silicon Valley in California be- The PRESIDING OFFICER. Is there Sec. 604. Reporting of child pornography by fore a group of executives from the objection to the immediate consider- electronic communication service high-tech industries there talking ation of the bill? providers. about this issue. The day after his staff There being no objection, the Senate Sec. 605. Civil remedy for personal injuries re- and my staff and I reached agreement proceeded to consider the bill, which sulting from certain sex crimes against children. on the legislation that has been had been reported from the Committee Sec. 606. Administrative subpoenas. blocked this evening, he took credit for on the Judiciary, with an amendment to strike all after the enacting clause Sec. 607. Grants to States to offset costs associ- the ability, that we were then appar- ated with sexually violent of- ently going to have, to move forward and inserting in lieu thereof the follow- ing: fender registration requirements. to it and acknowledged the need for the TITLE VII—MURDER AND KIDNAPPING legislation in taking credit for the set- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as INVESTIGATIONS tlement and agreement we had the ‘‘Protection of Children From Sexual Preda- Sec. 701. Authority to investigate serial killings. reached. tors Act of 1998’’. Sec. 702. Kidnapping. Obviously, whether it is the White (b) TABLE OF CONTENTS.—The table of con- Sec. 703. Morgan P. Hardiman Child Abduction House, the Department of Commerce, tents for this Act is as follows: and Serial Murder Investigative Virginia Tech University, or any one of Sec. 1. Short title; table of contents. Resources Center. a number of other sources, there is an TITLE I—PROTECTION OF CHILDREN TITLE VIII—RESTRICTED ACCESS TO acknowledged existence of a problem FROM PREDATORS INTERACTIVE COMPUTER SERVICES here that has to be addressed. I am ex- Sec. 101. Use of interstate facilities to transmit tremely disappointed at what has tran- identifying information about a Sec. 801. Prisoner access. spired this evening. minor for criminal sexual pur- Sec. 802. Recommended prohibition. I would just say, in conclusion, we poses. Sec. 803. Survey. Sec. 102. Coercion and enticement. TITLE IX—STUDIES have not, obviously, reached the end of Sec. 103. Increased penalties for transportation this session. There is still some time, of minors or assumed minors for Sec. 901. Study on limiting the availability of hopefully, for reconsideration by the illegal sexual activity and related pornography on the Internet. Senator from Iowa and any others who crimes. Sec. 902. Study of hotlines. S12258 CONGRESSIONAL RECORD — SENATE October 9, 1998 TITLE I—PROTECTION OF CHILDREN ‘‘(A) under this chapter, chapter 109A, or the production, possession, receipt, mailing, FROM PREDATORS chapter 110; or sale, distribution, shipment, or transportation of SEC. 101. USE OF INTERSTATE FACILITIES TO ‘‘(B) under State law for an offense consisting child pornography’’. TRANSMIT IDENTIFYING INFORMA- of conduct that would have been an offense (b) INCREASED PENALTIES IN SECTION 2252A.— TION ABOUT A MINOR FOR CRIMI- under a chapter referred to in paragraph (1) if Section 2252A(b) of title 18, United States Code, NAL SEXUAL PURPOSES. the conduct had occurred within the special is amended— (a) IN GENERAL.—Chapter 117 of title 18, maritime and territorial jurisdiction of the (1) in each of paragraphs (1) and (2), by strik- United States Code, is amended by adding at the United States; and ing ‘‘or chapter 109A’’ and inserting ‘‘, chapter end the following: ‘‘(2) STATE.—the term ‘State’ means a State of 109A, or chapter 117’’; and ‘‘§ 2425. Use of interstate facilities to transmit the United States, the District of Columbia, any (2) in paragraph (2), by striking ‘‘the posses- information about a minor commonwealth, possession, or territory of the sion of child pornography’’ and inserting ‘‘ag- United States.’’. ‘‘Whoever, using the mail or any facility or gravated sexual abuse, sexual abuse, or abusive (b) TECHNICAL AND CONFORMING AMEND- means of interstate or foreign commerce, or sexual conduct involving a minor or ward, or MENT.—The analysis for chapter 117 of title 18, within the special maritime and territorial juris- the production, possession, receipt, mailing, United States Code, is amended by adding at the diction of the United States, knowingly initiates sale, distribution, shipment, or transportation of end the following: the transmission of the name, address, telephone child pornography’’. number, social security number, or electronic ‘‘2426. Repeat offenders.’’. TITLE III—SEXUAL ABUSE PREVENTION mail address of another individual, knowing SEC. 105. INCLUSION OF OFFENSES RELATING TO SEC. 301. ELIMINATION OF REDUNDANCY AND that such other individual has not attained the CHILD PORNOGRAPHY IN DEFINI- AMBIGUITIES. TION OF SEXUAL ACTIVITY FOR age of 16 years, with the intent to entice, en- (a) MAKING CONSISTENT LANGUAGE ON AGE courage, offer, or solicit any person to engage in WHICH ANY PERSON CAN BE CHARGED WITH A CRIMINAL OF- DIFFERENTIAL.—Section 2241(c) of title 18, any sexual activity for which any person can be FENSE. United States Code, is amended by striking charged with a criminal offense, or attempts to (a) IN GENERAL.—Chapter 117 of title 18, ‘‘younger than that person’’ and inserting do so, shall be fined under this title, imprisoned United States Code, is amended by adding at the ‘‘younger than the person so engaging’’. not more than 5 years, or both.’’. end the following: (b) REDUNDANCY.—Section 2243(a) of title 18, (b) TECHNICAL AND CONFORMING AMEND- United States Code, is amended by striking MENT.—The analysis for chapter 117 of title 18, ‘‘§ 2427. Inclusion of offenses relating to child pornography in definition of sexual activity ‘‘crosses a State line with intent to engage in a United States Code, is amended by adding at the sexual act with a person who has not attained end the following: for which any person can be charged with a criminal offense the age of 12 years, or’’. ‘‘2425. Use of interstate facilities to transmit in- (c) STATE DEFINED.—Section 2246 of title 18, ‘‘In this chapter, the term ‘sexual activity for formation about a minor.’’. United States Code, is amended— which any person can be charged with a crimi- SEC. 102. COERCION AND ENTICEMENT. (1) in paragraph (5), by striking the period at nal offense’ includes the production of child the end and inserting ‘‘; and’’; and Section 2422 of title 18, United States Code, is pornography, as defined in section 2256(8).’’. (2) by adding at the end the following: amended— (b) TECHNICAL AND CONFORMING AMEND- (1) in subsection (a)— ‘‘(6) the term ‘State’ means a State of the MENT.—The analysis for chapter 117 of title 18, (A) by inserting ‘‘or attempts to do so,’’ before United States Code, is amended by adding at the United States, the District of Columbia, and any ‘‘shall be fined’’; and end the following: commonwealth, possession, or territory of the (B) by striking ‘‘five’’ and inserting ‘‘10’’; and United States.’’. (2) by striking subsection (b) and inserting the ‘‘2427. Inclusion of offenses relating to child pornography in definition of sex- SEC. 302. INCREASED PENALTIES FOR ABUSIVE following: SEXUAL CONTACT. ual activity for which any person ‘‘(b) Whoever, using the mail or any facility Section 2244 of title 18, United States Code, is can be charged with a criminal of- or means of interstate or foreign commerce, or amended by adding at the end the following: fense.’’. within the special maritime and territorial juris- ‘‘(c) OFFENSES INVOLVING YOUNG CHILDREN.— diction of the United States knowingly per- SEC. 106. TRANSPORTATION GENERALLY. If the sexual contact that violates this section is suades, induces, entices, or coerces any individ- Section 2421 of title 18, United States Code, is with an individual who has not attained the age ual who has not attained the age of 18 years, to amended— of 12 years, the maximum term of imprisonment engage in prostitution or any sexual activity for (1) by inserting ‘‘or attempts to do so,’’ before that may be imposed for the offense shall be which any person can be charged with a crimi- ‘‘shall be fined’’; and twice that otherwise provided in this section.’’. nal offense, or attempts to do so, shall be fined (2) by striking ‘‘five years’’ and inserting ‘‘10 SEC. 303. REPEAT OFFENDERS IN SEXUAL ABUSE under this title, imprisoned not more than 15 years’’. CASES. years, or both.’’. TITLE II—PROTECTION OF CHILDREN Section 2247 of title 18, United States Code, is SEC. 103. INCREASED PENALTIES FOR TRANSPOR- FROM CHILD PORNOGRAPHY amended to read as follows: TATION OF MINORS OR ASSUMED MI- SEC. 201. ADDITIONAL JURISDICTIONAL BASE NORS FOR ILLEGAL SEXUAL ACTIV- ‘‘§ 2247. Repeat offenders FOR PROSECUTION OF PRODUCTION ITY AND RELATED CRIMES. OF CHILD PORNOGRAPHY. ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The Section 2423 of title 18, United States Code, is (a) USE OF A CHILD.—Section 2251(a) of title maximum term of imprisonment for a violation amended— 18, United States Code, is amended by inserting of this chapter after a prior sex offense convic- (1) by striking subsection (a) and inserting the ‘‘if that visual depiction was produced using tion shall be twice the term otherwise provided following: materials that have been mailed, shipped, or by this chapter. ‘‘(a) TRANSPORTATION WITH INTENT TO EN- transported in interstate or foreign commerce by ‘‘(b) PRIOR SEX OFFENSE CONVICTION DE- GAGE IN CRIMINAL SEXUAL ACTIVITY.—A person any means, including by computer,’’ before ‘‘or FINED.—In this section, the term ‘prior sex of- who knowingly transports an individual who if’’. fense conviction’ has the meaning given that has not attained the age of 18 years in interstate (b) ALLOWING USE OF A CHILD.—Section term in section 2426(b).’’. or foreign commerce, or in any territory or pos- 2251(b) of title 18, United States Code, is amend- TITLE IV—PROHIBITION ON TRANSFER OF session of the United States, with intent that ed by inserting ‘‘, if that visual depiction was OBSCENE MATERIAL TO MINORS the individual engage in prostitution, or in any produced using materials that have been mailed, sexual activity for which any person can be SEC. 401. TRANSFER OF OBSCENE MATERIAL TO shipped, or transported in interstate or foreign charged with a criminal offense, or attempts to MINORS. commerce by any means, including by com- do so, shall be fined under this title, imprisoned (a) IN GENERAL.—Chapter 71 of title 18, puter,’’ before ‘‘or if’’. not more than 15 years, or both.’’; and United States Code, is amended by adding at the (c) INCREASED PENALTIES IN SECTION (2) in subsection (b), by striking ‘‘10 years’’ end the following: 2251(d).—Section 2251(d) of title 18, United and inserting ‘‘15 years’’. States Code, is amended by striking ‘‘or chapter ‘‘§ 1470. Transfer of obscene material to mi- SEC. 104. REPEAT OFFENDERS IN TRANSPOR- 109A’’ each place it appears and inserting ‘‘, nors TATION OFFENSE. chapter 109A, or chapter 117’’. ‘‘Whoever, using the mail or any facility or (a) IN GENERAL.—Chapter 117 of title 18, means of interstate or foreign commerce, know- United States Code, is amended by adding at the SEC. 202. INCREASED PENALTIES FOR CHILD PORNOGRAPHY OFFENSES. ingly transfers obscene matter to another indi- end the following: (a) INCREASED PENALTIES IN SECTION 2252.— vidual who has not attained the age of 16 years, ‘‘§ 2426. Repeat offenders Section 2252(b) of title 18, United States Code, is knowing that such other individual has not at- ‘‘(a) MAXIMUM TERM OF IMPRISONMENT.—The amended— tained the age of 16 years, or attempts to do so, maximum term of imprisonment for a violation (1) in each of paragraphs (1) and (2), by strik- shall be fined under this title, imprisoned not of this chapter after a prior sex offense convic- ing ‘‘or chapter 109A’’ and inserting ‘‘, chapter more than 10 years, or both.’’. tion shall be twice the term of imprisonment oth- 109A, or chapter 117’’; and (b) TECHNICAL AND CONFORMING AMEND- erwise provided by this chapter. (2) in paragraph (2), by striking ‘‘the posses- MENT.—The analysis for chapter 71 of title 18, ‘‘(b) DEFINITIONS.—In this section— sion of child pornography’’ and inserting ‘‘ag- United States Code, is amended by adding at the ‘‘(1) the term ‘prior sex offense conviction’ gravated sexual abuse, sexual abuse, or abusive end the following: means a conviction for an offense— sexual conduct involving a minor or ward, or ‘‘1470. Transfer of obscene material to minors.’’. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12259 TITLE V—INCREASED PENALTIES FOR OF- (1) review the Federal Sentencing Guidelines SEC. 602. CRIMINAL FORFEITURE FOR OFFENSES FENSES AGAINST CHILDREN AND FOR on aggravated sexual abuse under section 2241 AGAINST MINORS. REPEAT OFFENDERS of title 18, United States Code, sexual abuse Section 2253 of title 18, United States Code, is SEC. 501. DEATH OR LIFE IN PRISON FOR CER- under section 2242 of title 18, United States amended by striking ‘‘or 2252 of this chapter’’ TAIN OFFENSES WHOSE VICTIMS Code, sexual abuse of a minor or ward under and inserting ‘‘2252, 2252A, or 2260 of this chap- ARE CHILDREN. section 2243 of title 18, United States Code, coer- ter, or who is convicted of an offense under sec- Section 3559 of title 18, United States Code, is cion and enticement of a minor under section tion 2421, 2422, or 2423 of chapter 117,’’. amended by adding at the end the following: 2422(b) of title 18, United States Code, contact- SEC. 603. CIVIL FORFEITURE FOR OFFENSES ‘‘(d) DEATH OR IMPRISONMENT FOR CRIMES ing a minor under section 2422(c) of title 18, AGAINST MINORS. AGAINST CHILDREN.— United States Code, and transportation of mi- Section 2254(a) of title 18, United States Code, ‘‘(1) IN GENERAL.—Subject to paragraph (2) nors and travel under section 2423 of title 18, is amended— and notwithstanding any other provision of United States Code; and (1) in paragraph (2), by striking ‘‘or 2252 of law, a person who is convicted of a Federal of- (2) upon completion of the review under para- this chapter’’ and inserting ‘‘2252, 2252A, or 2260 fense that is a serious violent felony (as defined graph (1), promulgate amendments to the Fed- of this chapter, or used or intended to be used in subsection (c)) or a violation of section 2422, eral Sentencing Guidelines to provide appro- to commit or to promote the commission of an of- 2423, or 2251 shall, unless the sentence of death priate enhancement if the defendant knowingly fense under section 2421, 2422, or 2423 of chapter is imposed, be sentenced to imprisonment for misrepresented the actual identity of the defend- 117,’’; and life, if— ant with the intent to persuade, induce, entice, (2) in paragraph (3), by striking ‘‘or 2252 of ‘‘(A) the victim of the offense has not attained coerce, or facilitate the transport of a child of this chapter’’ and inserting ‘‘2252, 2252A, or 2260 the age of 14 years; an age specified in the applicable provision of of this chapter, or obtained from a violation of ‘‘(B) the victim dies as a result of the offense; section 2421, 2422, or 2423 of chapter 117,’’. and law referred to in paragraph (1) to engage in a prohibited sexual activity. SEC. 604. REPORTING OF CHILD PORNOGRAPHY ‘‘(C) the defendant, in the course of the of- BY ELECTRONIC COMMUNICATION fense, engages in conduct described in section SEC. 505. INCREASED PENALTIES FOR PATTERN SERVICE PROVIDERS. OF ACTIVITY OF SEXUAL EXPLOI- 3591(a)(2). (a) IN GENERAL.—The Victims of Child Abuse TATION OF CHILDREN. ‘‘(2) EXCEPTION.—With respect to a person Act of 1990 (42 U.S.C. 13001 et seq.) is amended Pursuant to its authority under section 994(p) convicted of a Federal offense described in para- by inserting after section 226 the following: graph (1), the court may impose any lesser sen- of title 28, United States Code, the United States Sentencing Commission shall— ‘‘SEC. 227. REPORTING OF CHILD PORNOGRAPHY tence that is authorized by law to take into ac- BY ELECTRONIC COMMUNICATION count any substantial assistance provided by (1) review the Federal Sentencing Guidelines SERVICE PROVIDERS. the defendant in the investigation or prosecu- on aggravated sexual abuse under section 2241 ‘‘(a) DEFINITIONS.—In this section— tion of another person who has committed an of title 18, United States Code, sexual abuse ‘‘(1) the term ‘electronic communication serv- offense, in accordance with the Federal Sen- under section 2242 of title 18, United States ice’ has the meaning given the term in section tencing Guidelines and the policy statements of Code, sexual abuse of a minor or ward under 2510 of title 18, United States Code; and the Federal Sentencing Commission pursuant to section 2243 of title 18, United States Code, coer- ‘‘(2) the term ‘remote computing service’ has section 994(p) of title 28, or for other good cion and enticement of a minor under section the meaning given the term in section 2711 of cause.’’. 2422(b) of title 18, United States Code, contact- title 18, United States Code. SEC. 502. SENTENCING ENHANCEMENT FOR ing a minor under section 2422(c) of title 18, ‘‘(b) REQUIREMENTS.— CHAPTER 117 OFFENSES. United States Code, and transportation of mi- ‘‘(1) DUTY TO REPORT.—Whoever, while en- (a) IN GENERAL.—Pursuant to its authority nors and travel under section 2423 of title 18, gaged in providing an electronic communication under section 994(p) of title 28, United States United States Code; and service or a remote computing service to the pub- Code, the United States Sentencing Commission (2) upon completion of the review under para- lic, through a facility or means of interstate or shall review and amend the Federal Sentencing graph (1), promulgate amendments to the Fed- foreign commerce, obtains knowledge of facts or Guidelines to provide a sentencing enhancement eral Sentencing Guidelines to increase penalties circumstances that provide probable cause to be- for offenses under chapter 117 of title 18, United applicable to the offenses referred to in para- lieve that a violation of section 2251, 2251A, States Code. graph (1) in any case in which the defendant 2252, 2252A, or 2260 of title 18, United States (b) INSTRUCTION TO COMMISSION.—In carrying engaged in a pattern of activity involving the Code, involving child pornography (as defined out subsection (a), the United States Sentencing sexual abuse or exploitation of a minor. in section 2256 of that title), has occurred shall, Commission shall ensure that the sentences, SEC. 506. CLARIFICATION OF DEFINITION OF DIS- as soon as reasonably possible, make a report of guidelines, and policy statements for offenders TRIBUTION OF PORNOGRAPHY. such facts or circumstances to a law enforce- convicted of offenses described in subsection (a) Pursuant to its authority under section 994(p) ment agency or agencies designated by the At- are appropriately severe and reasonably consist- of title 28, United States Code, the United States torney General. ent with other relevant directives and with Sentencing Commission shall— ‘‘(2) DESIGNATION OF AGENCIES.—Not later other Federal Sentencing Guidelines. (1) review the Federal Sentencing Guidelines than 180 days after the date of enactment of this SEC. 503. INCREASED PENALTIES FOR USE OF A relating to the distribution of pornography cov- section, the Attorney General shall designate COMPUTER IN THE SEXUAL ABUSE ered under chapter 110 of title 18, United States the law enforcement agency or agencies to OR EXPLOITATION OF A CHILD. Code, relating to the sexual exploitation and which a report shall be made under paragraph Pursuant to its authority under section 994(p) other abuse of children; and (1). of title 28, United States Code, the United States (2) upon completion of the review under para- ‘‘(3) FAILURE TO REPORT.—A provider of elec- Sentencing Commission shall— graph (1), promulgate such amendments to the tronic communication services or remote comput- (1) review the Federal Sentencing Guidelines ing services described in paragraph (1) who for— Federal Sentencing Guidelines as are necessary knowingly and willfully fails to make a report (A) aggravated sexual abuse under section to clarify that the term ‘‘distribution of pornog- under that paragraph shall be fined— 2241 of title 18, United States Code; raphy’’ applies to the distribution of pornog- (B) sexual abuse under section 2242 of title 18, raphy— ‘‘(A) in the case of an initial failure to make United States Code; (A) for monetary remuneration; or a report, not more than $50,000; and (C) sexual abuse of a minor or ward under (B) for a nonpecuniary interest. ‘‘(B) in the case of any second or subsequent failure to make a report, not more than $100,000. section 2243 of title 18, United States Code; and SEC. 507. DIRECTIVE TO THE UNITED STATES (D) coercion and enticement of a minor under SENTENCING COMMISSION. ‘‘(c) CIVIL LIABILITY.—No provider or user of section 2422(b) of title 18, United States Code, In carrying out this title, the United States an electronic communication service or a remote contacting a minor under section 2422(c) of title Sentencing Commission shall— computing service to the public shall be held lia- 18, United States Code, and transportation of (1) with respect to any action relating to the ble on account of any action taken in good faith minors and travel under section 2423 of title 18, Federal Sentencing Guidelines subject to this to comply with this section. ‘‘(d) LIMITATION OF INFORMATION OR MATE- United States Code; and title, ensure reasonable consistency with other RIAL REQUIRED IN REPORT.—A report under sub- (2) upon completion of the review under para- guidelines of the Federal Sentencing Guidelines; section (b)(1) may include additional informa- graph (1), promulgate amendments to the Fed- and tion or material developed by an electronic com- eral Sentencing Guidelines to provide appro- (2) with respect to an offense subject to the munication service or remote computing service, priate enhancement if the defendant used a Federal Sentencing Guidelines, avoid duplica- except that the Federal Government may not re- computer with the intent to persuade, induce, tive punishment under the Federal Sentencing quire the production of such information or ma- entice, coerce, or facilitate the transport of a Guidelines for substantially the same offense. child of an age specified in the applicable provi- terial in that report. TITLE VI—CRIMINAL, PROCEDURAL, AND sion of law referred to in paragraph (1) to en- ‘‘(e) MONITORING NOT REQUIRED.—Nothing in ADMINISTRATIVE REFORMS gage in any prohibited sexual activity. this section may be construed to require a pro- SEC. 504. INCREASED PENALTIES FOR KNOWING SEC. 601. PRETRIAL DETENTION OF SEXUAL vider of electronic communication services or re- MISREPRESENTATION IN THE SEX- PREDATORS. mote computing services to engage in the mon- UAL ABUSE OR EXPLOITATION OF A Section 3156(a)(4) of title 18, United States itoring of any user, subscriber, or customer of CHILD. Code, is amended by striking subparagraph (C) that provider, or the content of any communica- Pursuant to its authority under section 994(p) and inserting the following: tion of any such person. of title 28, United States Code, the United States ‘‘(C) any felony under chapter 109A, 110, or ‘‘(f) CONDITIONS OF DISCLOSURE OF INFORMA- Sentencing Commission shall— 117; and’’. TION CONTAINED WITHIN REPORT.— S12260 CONGRESSIONAL RECORD — SENATE October 9, 1998

‘‘(1) IN GENERAL.—No law enforcement agency ‘‘(b) PROCEDURES APPLICABLE.—The same (b) STUDY.—Not later than March 1, 2000, the that receives a report under subsection (b)(1) procedures for service and enforcement as are Director shall conduct a study to assess the effi- shall disclose any information contained in that provided with respect to investigative demands cacy of the Sex Offender Management Assist- report, except that disclosure of such informa- in section 3486 apply with respect to a subpoena ance Program under section 170101(i) of the Vio- tion may be made— issued under this section.’’. lent Crime Control and Law Enforcement Act of ‘‘(A) to an attorney for the government for use (b) TECHNICAL AND CONFORMING AMEND- 1994 (42 U.S.C. 14071(i)), as added by this sec- in the performance of the official duties of the MENT.—The analysis for chapter 223 of title 18, tion, and submit recommendations to Congress. attorney; United States Code, is amended by striking the TITLE VII—MURDER AND KIDNAPPING ‘‘(B) to such officers and employees of the law item relating to section 3486 and inserting the INVESTIGATIONS enforcement agency, as may be necessary in the following: SEC. 701. AUTHORITY TO INVESTIGATE SERIAL performance of their investigative and record- ‘‘3486. Administrative subpoenas in Federal KILLINGS. keeping functions; health care investigations. (a) IN GENERAL.—Chapter 33 of title 28, ‘‘(C) to such other government personnel (in- ‘‘3486A. Administrative subpoenas in cases in- United States Code, is amended by adding at the cluding personnel of a State or subdivision of a volving child abuse and child sex- end the following: State) as are determined to be necessary by an ual exploitation.’’. ‘‘§ 540B. Investigation of serial killings attorney for the government to assist the attor- SEC. 607. GRANTS TO STATES TO OFFSET COSTS ney in the performance of the official duties of ASSOCIATED WITH SEXUALLY VIO- ‘‘(a) IN GENERAL.—The Attorney General and the attorney in enforcing Federal criminal law; LENT OFFENDER REGISTRATION RE- the Director of the Federal Bureau of Investiga- or QUIREMENTS. tion may investigate serial killings in violation ‘‘(D) as permitted by a court at the request of (a) IN GENERAL.—Section 170101 of the Violent of the laws of a State or political subdivision, if an attorney for the government, upon a showing Crime Control and Law Enforcement Act of 1994 such investigation is requested by the head of a that such information may disclose a violation (42 U.S.C. 14071) is amended— law enforcement agency with investigative or of State criminal law, to an appropriate official (1) by redesignating the second subsection des- prosecutorial jurisdiction over the offense. of a State or subdivision of a State for the pur- ignated as subsection (g) as subsection (h); and ‘‘(b) DEFINITIONS.—In this section: pose of enforcing such State law. (2) by adding at the end the following: ‘‘(1) KILLING.—The term ‘killing’ means con- ‘‘(2) DEFINITIONS.—In this subsection, the ‘‘(i) GRANTS TO STATES FOR COSTS OF COMPLI- duct that would constitute an offense under sec- terms ‘attorney for the government’ and ‘State’ ANCE.— tion 1111 of title 18, United States Code, if Fed- have the meanings given those terms in Rule 54 ‘‘(1) PROGRAM AUTHORIZED.— eral jurisdiction existed. of the Federal Rules of Criminal Procedure.’’. ‘‘(A) IN GENERAL.—The Director of the Bureau ‘‘(2) SERIAL KILLINGS.—The term ‘serial (b) EXCEPTION TO PROHIBITION ON DISCLO- of Justice Assistance (in this subsection referred killings’ means a series of 3 or more killings, not SURE.—Section 2702(b)(6) of title 18, United to as the ‘Director’) shall carry out a program, less than 1 of which was committed within the States Code, is amended to read as follows: which shall be known as the ‘Sex Offender United States, having common characteristics ‘‘(6) to a law enforcement agency— Management Assistance Program’ (in this sub- such as to suggest the reasonable possibility ‘‘(A) if the contents— section referred to as the ‘SOMA program’), that the crimes were committed by the same ‘‘(i) were inadvertently obtained by the service under which the Director shall award a grant to actor or actors. provider; and each eligible State to offset costs directly associ- ‘‘(3) STATE.—The term ‘State’ means a State of ‘‘(ii) appear to pertain to the commission of a ated with complying with this section. the United States, the District of Columbia, and crime; or ‘‘(B) USES OF FUNDS.—Each grant awarded any commonwealth, territory, or possession of ‘‘(B) if required by section 227 of the Crime under this subsection shall be— the United States.’’. Control Act of 1990.’’. ‘‘(i) distributed directly to the State for dis- (b) TECHNICAL AND CONFORMING AMEND- tribution to State and local entities; and MENT.—The analysis for chapter 33 of title 28, SEC. 605. CIVIL REMEDY FOR PERSONAL INJU- ‘‘(ii) used for training, salaries, equipment, RIES RESULTING FROM CERTAIN United States Code, is amended by adding at SEX CRIMES AGAINST CHILDREN. materials, and other costs directly associated end the following: with complying with this section. Section 2255(a) of title 18, United States Code, ‘‘540B. Investigation of serial killings.’’. ‘‘(2) ELIGIBILITY.— is amended by striking ‘‘2251 or 2252’’ and in- ‘‘(A) APPLICATION.—To be eligible to receive a SEC. 702. KIDNAPPING. serting ‘‘2241(c), 2242, 2243, 2251, 2251A, 2252, grant under this subsection, the chief executive (a) CLARIFICATION OF ELEMENT OF OFFENSE.— 2252A, 2260, 2421, 2422, or 2423’’. of a State shall, on an annual basis, submit to Section 1201(a)(1) of title 18, United States Code, SEC. 606. ADMINISTRATIVE SUBPOENAS. the Director an application (in such form and is amended by inserting ‘‘, regardless of whether (a) IN GENERAL.—Chapter 223 of title 18, containing such information as the Director the person was alive when transported across a United States Code, is amended— may reasonably require) assuring that— State boundary if the person was alive when the (1) in section 3486, by striking the section des- ‘‘(i) the State complies with (or made a good transportation began’’ before the semicolon. ignation and heading and inserting the follow- faith effort to comply with) this section; and (b) TECHNICAL AMENDMENT.—Section ing: ‘‘(ii) where applicable, the State has penalties 1201(a)(5) of title 18, United States Code, is ‘‘§ 3486. Administrative subpoenas in Federal comparable to or greater than Federal penalties amended by striking ‘‘designated’’ and inserting health care investigations’’; and for crimes listed in this section, except that the ‘‘described’’. (c) 24-HOUR RULE.—Section 1201(b) of title 18, (2) by adding at the end the following: Director may waive the requirement of this clause if a State demonstrates an overriding United States Code, is amended by adding at the ‘‘§ 3486A. Administrative subpoenas in cases need for assistance under this subsection. end the following: ‘‘Notwithstanding the preced- involving child abuse and child sexual ex- ‘‘(B) REGULATIONS.— ing sentence, the fact that the presumption ploitation ‘‘(i) IN GENERAL.—Not later than 90 days after under this section has not yet taken effect does ‘‘(a) AUTHORIZATION.— the date of enactment of this subsection, the Di- not preclude a Federal investigation of a pos- ‘‘(1) IN GENERAL.—In any investigation relat- rector shall promulgate regulations to implement sible violation of this section before the 24-hour ing to any act or activity involving a violation this subsection (including the information that period has ended.’’. of section 1201, 2241(c), 2242, 2243, 2251, 2251A, must be included and the requirements that the SEC. 703. MORGAN P. HARDIMAN CHILD ABDUC- 2252, 2252A, 2260, 2421, 2422, or 2423 of this title States must meet) in submitting the applications TION AND SERIAL MURDER INVES- in which the victim is an individual who has required under this subsection. In allocating TIGATIVE RESOURCES CENTER. not attained the age of 18 years, the Attorney funds under this subsection, the Director may (a) ESTABLISHMENT.—Not later than 90 days General, or the designee of the Attorney Gen- consider the annual number of sex offenders after the date of enactment of this Act, the At- eral, may issue in writing and cause to be served registered in each eligible State’s monitoring torney General shall establish within the Fed- a subpoena— and notification programs. eral Bureau of Investigation a Child Abduction ‘‘(A) requiring a provider of electronic commu- ‘‘(ii) CERTAIN TRAINING PROGRAMS.—Prior to and Serial Murder Investigative Resources Cen- nication service or remote computing service to implementing this subsection, the Director shall ter to be known as the ‘‘Morgan P. Hardiman disclose the name, address, local and long dis- study the feasibility of incorporating into the Child Abduction and Serial Murder Investiga- tance telephone toll billing records, telephone SOMA program the activities of any technical tive Resources Center’’ (in this section referred number or other subscriber number or identity, assistance or training program established as a to as the ‘‘CASMIRC’’). and length of service of a subscriber to or cus- result of section 40152 of this Act. In a case in (b) PURPOSE.—The CASMIRC shall be man- tomer of such service and the types of services which incorporating such activities into the aged by National Center for the Analysis of Vio- the subscriber or customer utilized, which may SOMA program will eliminate duplication of ef- lent Crime of the Critical Incident Response be relevant to an authorized law enforcement forts or administrative costs, the Director shall Group of the Federal Bureau of Investigation inquiry; or take administrative actions, as allowable, and (in this section referred to as the ‘‘NCAVC’’), ‘‘(B) requiring a custodian of records to give make recommendations to Congress to incor- and by multidisciplinary resource teams in Fed- testimony concerning the production and au- porate such activities into the SOMA program eral Bureau of Investigation field offices, in thentication of such records or information. prior to implementing the SOMA program. order to provide investigative support through ‘‘(2) ATTENDANCE OF WITNESSES.—Witnesses ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— the coordination and provision of Federal law summoned under this section shall be paid the There is authorized to be appropriated to carry enforcement resources, training, and application same fees and mileage that are paid witnesses in out this subsection, $25,000,000 for each of fiscal of other multidisciplinary expertise, to assist the courts of the United States. years 1999 and 2000.’’. Federal, State, and local authorities in matters October 9, 1998 CONGRESSIONAL RECORD — SENATE S12261 involving child abductions, mysterious dis- nel selected for their expertise that would enable (3) Federal law enforcement authorities appearance of children, child homicide, and se- them to assist in the research, data collection, caught the prisoner with a computer disk con- rial murder across the country. The CASMIRC and analysis, and provision of investigative sup- taining 280 pictures of juveniles engaged in sex- shall be co-located with the NCAVC. port in child abduction, mysterious disappear- ually explicit conduct; (c) DUTIES OF THE CASMIRC.—The CASMIRC ance of children, child homicide and serial mur- (4) a jury found the prisoner guilty of conspir- shall perform such duties as the Attorney Gen- der investigations. The Director may, with con- ing to trade in child pornography and possess- eral determines appropriate to carry out the currence of the appropriate State or local agen- ing child pornography; purposes of the CASMIRC, including— cy, also appoint State and local law enforce- (5) the United States District Court for the (1) identifying, developing, researching, ac- ment personnel to work with the CASMIRC. District of Minnesota sentenced the prisoner to quiring, and refining multidisciplinary informa- (2) STATUS.—Each member of the CASMIRC 87 months in Federal prison, to be served upon tion and specialities to provide for the most cur- (and each individual from any State or local the completion of his 23-year State prison term; rent expertise available to advance investigative law enforcement agency appointed to work with and knowledge and practices used in child abduc- the CASMIRC) shall remain as an employee of (6) there has been an explosion in the use of tion, mysterious disappearance of children, that member’s or individual’s respective agency the Internet in the United States, further plac- child homicide, and serial murder investigations; for all purposes (including the purpose of per- ing our Nation’s children at risk of harm and (2) providing advice and coordinating the ap- formance review), and service with the exploitation at the hands of predators on the plication of current and emerging technical, fo- CASMIRC shall be without interruption or loss Internet and increasing the ease of trafficking rensic, and other Federal assistance to Federal, of civil service privilege or status and shall be in child pornography. State, and local authorities in child abduction, on a nonreimbursable basis, except if appro- (b) SENSE OF CONGRESS.—It is the sense of mysterious disappearances of children, child priate to reimburse State and local law enforce- Congress that State Governors, State legislators, homicide, and serial murder investigations; ment for overtime costs for an individual ap- and State prison administrators should prohibit (3) providing investigative support, research pointed to work with the resource team. Addi- unsupervised access to the Internet by State findings, and violent crime analysis to Federal, tionally, reimbursement of travel and per diem prisoners. State, and local authorities in child abduction, expenses will occur for State and local law en- SEC. 803. SURVEY. mysterious disappearances of children, child forcement participation in resident fellowship (a) SURVEY.—Not later than 6 months after homicide, and serial murder investigations; programs at the NCAVC when offered. the date of enactment of this Act, the Attorney (4) providing, if requested by a Federal, State, (3) TRAINING.—CASMIRC personnel, under General shall conduct a survey of the States to or local law enforcement agency, on site con- the guidance of the Federal Bureau of Inves- determine to what extent each State allows pris- sultation and advice in child abduction, mys- tigation’s National Center for the Analysis of oners access to any interactive computer service terious disappearances of children, child homi- Violent Crime and in consultation with the Na- and whether such access is supervised by a pris- cide and serial murder investigations; tional Center For Missing and Exploited Chil- on official. (5) coordinating the application of resources dren, shall develop a specialized course of in- (b) REPORT.—The Attorney General shall sub- of pertinent Federal law enforcement agencies, struction devoted to training members of the mit a report to Congress of the findings of the and other Federal entities including, but not CASMIRC consistent with the purpose of this survey conducted pursuant to subsection (a). limited to, the United States Customs Service, section. The CASMIRC shall also work with the (c) STATE DEFINED.—In this section, the term the Secret Service, the Postal Inspection Service, National Center For Missing and Exploited ‘‘State’’ means each of the 50 States and the and the United States Marshals Service, as ap- Children and the Office of Juvenile Justice and District of Columbia. propriate, and with the concurrence of the Delinquency Prevention of the Department of TITLE IX—STUDIES agency head to support Federal, State, and Justice to develop a course of instruction for SEC. 901. STUDY ON LIMITING THE AVAILABILITY local law enforcement involved in child abduc- State and local law enforcement personnel to fa- OF PORNOGRAPHY ON THE INTER- tion, mysterious disappearance of a child, child cilitate the dissemination of the most current NET. homicide, and serial murder investigations; multidisciplinary expertise in the investigation (a) IN GENERAL.—Not later than 90 days after (6) conducting ongoing research related to of child abductions, mysterious disappearances the date of enactment of this Act, the Attorney child abductions, mysterious disappearances of of children, child homicides, and serial murder General shall request that the National Acad- children, child homicides, and serial murder, in- of children. emy of Sciences, acting through its National Re- cluding identification and investigative applica- (e) REPORT TO CONGRESS.—One year after the search Council, enter into a contract to conduct tion of current and emerging technologies, iden- establishment of the CASMIRC, the Attorney a study of computer-based technologies and tification of investigative searching technologies General shall submit to Congress a report, other approaches to the problem of the avail- and methods for physically locating abducted which shall include— ability of pornographic material to children on children, investigative use of offender behav- (1) a description of the goals and activities of the Internet, in order to develop possible amend- ioral assessment and analysis concepts, gather- the CASMIRC; and ments to Federal criminal law and other law en- ing statistics and information necessary for case (2) information regarding— forcement techniques to respond to the problem. identification, trend analysis, and case linkages (A) the number and qualifications of the mem- (b) CONTENTS OF STUDY.—The study under to advance the investigative effectiveness of out- bers appointed to the CASMIRC; this section shall address each of the following: standing abducted children cases, develop inves- (B) the provision of equipment, administrative (1) The capabilities of present-day computer- tigative systems to identify and track serious se- support, and office space for the CASMIRC; and based control technologies for controlling elec- rial offenders that repeatedly victimize children (C) the projected resource needs for the tronic transmission of pornographic images. for comparison to unsolved cases, and other in- CASMIRC. (2) Research needed to develop computer- vestigative research pertinent to child abduc- (f) AUTHORIZATION OF APPROPRIATIONS.— based control technologies to the point of prac- tion, mysterious disappearance of a child, child There are authorized to be appropriated to carry tical utility for controlling the electronic trans- homicide, and serial murder covered in this sec- out this section such sums as may be necessary mission of pornographic images. tion; for each of fiscal years 1999, 2000, and 2001. (3) Any inherent limitations of computer- (7) working under the NCAVC in coordination (g) CONFORMING AMENDMENT.—Subtitle C of based control technologies for controlling elec- with the National Center For Missing and Ex- title XVII of the Violent Crime Control and Law tronic transmission of pornographic images. ploited Children and the Office of Juvenile Jus- Enforcement Act of 1994 (42 U.S.C. 5776a et seq.) (4) Operational policies or management tech- tice and Delinquency Prevention of the Depart- is repealed. niques needed to ensure the effectiveness of ment of Justice to provide appropriate training these control technologies for controlling elec- TITLE VIII—RESTRICTED ACCESS TO to Federal, State, and local law enforcement in tronic transmission of pornographic images. INTERACTIVE COMPUTER SERVICES matters regarding child abductions, mysterious (c) FINAL REPORT.—Not later than 2 years disappearances of children, child homicides; and SEC. 801. PRISONER ACCESS. after the date of enactment of this Act, the At- (8) establishing a centralized repository based Notwithstanding any other provision of law, torney General shall submit to the Committees upon case data reflecting child abductions, mys- no agency, officer, or employee of the United on the Judiciary of the House of Representatives terious disappearances of children, child homi- States shall implement, or provide any financial and the Senate a final report of the study under cides and serial murder submitted by State and assistance to, any Federal program or Federal this section, which report shall— local agencies, and an automated system for the activity in which a Federal prisoner is allowed (1) set forth the findings, conclusions, and efficient collection, retrieval, analysis, and re- access to any electronic communication service recommendations of the Council; and porting of information regarding CASMIRC in- or remote computing service without the super- (2) be submitted by the Committees on the Ju- vestigative resources, research, and requests for vision of an official of the Federal Government. diciary of the House of Representatives and the and provision of investigative support services. SEC. 802. RECOMMENDED PROHIBITION. Senate to relevant Government agencies and (d) APPOINTMENT OF PERSONNEL TO THE (a) FINDINGS.—Congress finds that— committees of Congress. CASMIRC.— (1) a Minnesota State prisoner, serving 23 SEC. 902. STUDY OF HOTLINES. (1) SELECTION OF MEMBERS OF THE CASMIRC years for molesting teenage girls, worked for a (a) IN GENERAL.—Not later than 1 year after AND PARTICIPATING STATE AND LOCAL LAW EN- nonprofit work and education program inside the date of the enactment of this Act, the Attor- FORCEMENT PERSONNEL.—The Director of the the prison, through which the prisoner had un- ney General shall conduct a study in accord- Federal Bureau of Investigation shall appoint supervised access to the Internet; ance with subsection (b) and submit to Congress the members of the CASMIRC. The CASMIRC (2) the prisoner, through his unsupervised ac- a report on the results of that study. shall be staffed with Federal Bureau of Inves- cess to the Internet, trafficked in child pornog- (b) CONTENTS OF STUDY.—The study under tigation personnel and other necessary person- raphy over the Internet; this section shall include an examination of— S12262 CONGRESSIONAL RECORD — SENATE October 9, 1998

(1) existing State programs for informing the SEC. 203. ‘‘ZERO TOLERANCE’’ FOR POSSESSION gressman MCCOLLUM for his deter- public about the presence of sexual predators re- OF CHILD PORNOGRAPHY. mined efforts in marshaling H.R. 3494 leased from prison, as required in section 170101 (a) MATERIAL INVOLVING THE SEXUAL EX- through the House. of the Violent Crime Control and Law Enforce- PLOITATION OF MINORS.—Section 2252 of title 18, United States Code, is amended— Although it was necessary to make ment Act of 1994 (42 U.S.C. 14071), including the some changes to the House version in use of CD-ROMs, Internet databases, and Sex- (1) in subsection (a)(4), by striking ‘‘3 or ual Offender Identification Hotlines, such as more’’ each place that term appears and in- an effort to achieve bipartisan support those used in the State of California; and serting ‘‘1 or more’’; and in the Senate, the final product is a (2) the feasibility of establishing a national (2) by adding at the end the following: strong bill which goes a long way to- hotline for parents to access a Federal Bureau ‘‘(c) AFFIRMATIVE DEFENSE.—It shall be an ward improving the ability of law en- of Investigation database that tracks the loca- affirmative defense to a charge of violating forcement and the courts to respond to tion of convicted sexual predators established paragraph (4) of subsection (a) that the de- high-tech sexual predators of children. fendant— under section 170102 of the Violent Crime Con- Pedophiles who roam the Internet, pur- trol and Law Enforcement Act of 1994 (42 U.S.C. ‘‘(1) possessed less than 3 matters contain- 14072) and, in determining that feasibility, the ing any visual depiction proscribed by that veyors of child pornography, and serial Attorney General shall examine issues including paragraph; and child molesters are specifically tar- the cost, necessary changes to Federal and State ‘‘(2) promptly and in good faith, and with- geted. laws necessitated by the creation of such a hot- out retaining or allowing any person, other The Internet is a wonderful creation. line, consistency with Federal and State case than a law enforcement agency, to access By allowing for instant communication law pertaining to community notification, and any visual depiction or copy thereof— around the globe, it has made the the need for, and accuracy and reliability of, ‘‘(A) took reasonable steps to destroy each world a smaller place, a place in which the information available through such a hot- such visual depiction; or people can express their thoughts and ‘‘(B) reported the matter to a law enforce- line. ideas without limitation. It has re- AMENDMENT NO. 3811 ment agency and afforded that agency access to each such visual depiction.’’. leased the creative energies of a new (Purpose: To make technical and conforming (b) MATERIAL CONSTITUTING OR CONTAINING generation of entrepreneurs and it is amendments) CHILD PORNOGRAPHY.—Section 2252A of title an unparalleled source of information. Mr. COATS. Mr. President, I send an 18, United States Code, is amended— While we should encourage people to amendment to the desk and ask for its (1) in subsection (a)(5), by striking ‘‘3 or take full advantage of the opportuni- immediate consideration. more images’’ each place that term appears ties the Internet has to offer, we must The PRESIDING OFFICER. The and inserting ‘‘an image’’; and also be vigilant in seeking to ensure (2) by adding at the end the following: clerk will report. that the Internet is not perverted into The legislative clerk read as follows: ‘‘(d) AFFIRMATIVE DEFENSE.—It shall be an affirmative defense to a charge of violating a hunting ground for pedophiles and The Senator from Indiana [Mr. COATS], for subsection (a)(5) that the defendant— other sexual predators, and a drive- Mr. HATCH, Mr. LEAHY, and Mr. DEWINE, pro- ‘‘(1) possessed less than 3 images of child through library and post office for pur- poses an amendment numbered 3811. pornography; and veyors of child pornography. Our chil- Mr. COATS. Mr. President, I ask ‘‘(2) promptly and in good faith, and with- dren must be protected from those who unanimous consent that reading of the out retaining or allowing any person, other would choose to sexually abuse and ex- amendment be dispensed with. than a law enforcement agency, to access ploit them. And those who take the The PRESIDING OFFICER. Without any image or copy thereof— ‘‘(A) took reasonable steps to destroy each path of predation should know that the objection, it is so ordered. consequences of their actions will be The amendment is as follows: such image; or ‘‘(B) reported the matter to a law enforce- severe and unforgiving. On page 116, lines 22 and 23, strike ‘‘terri- ment agency and afforded that agency access How does this bill provide additional tory’’ and insert ‘‘commonwealth, terri- to each such image.’’. protection for our children? By prohib- tory,’’. On page 118, strike lines 1 through 3, and Mr. COATS. Mr. President, I ask iting the libidinous dissemination on insert the following: unanimous consent that the amend- the Internet of information related to ‘‘(2) the term ‘State’ means a State of the ment be agreed to, the committee sub- minors and the sending of obscene ma- United States, the District of Columbia, and stitute be agreed to, the bill considered terial to minors, we make it more dif- any commonwealth, territory, or possession read the third time and passed, as ficult for sexual predators to gather in- of the United’’. amended, the amendment to the title formation on, and lower the sexual in- On page 132, lines 9 and 10, strike ‘‘that hibitions of, potential targets. By pro- provide probable cause to believe that’’ and be agreed to, and the title, as amended, insert ‘‘from which’’. be agreed to, the motion to reconsider hibiting to possession of even one item On page 132, line 13, strike ‘‘has occurred’’ be laid upon the table, and that any or image containing child pornography, and insert ‘‘is apparent,’’. statements relating to the bill appear we are stating in no uncertain terms Mr. COATS. Mr. President, I ask at this point in the RECORD. that we have ‘‘zero tolerance’’ for the unanimous consent that the amend- The PRESIDING OFFICER. Without sexual exploitation of children. And by ment be agreed to. objection, it is so ordered. requiring electronic communication The amendment (No. 3811) was agreed The amendment (No. 3812) was agreed service providers to report the commis- to. to. sion of child pornography offenses to AMENDMENT NO. 3812 The committee amendment, as authorities, we mandate accountability (Purpose: To amend chapter 110 of title 18, amended, was agreed to. and responsibility on the Internet. United States Code, to provide for ‘‘zero The bill (H.R. 3494), as amended, was Additionally, law enforcement is tolerance’’ for possession of child pornog- considered read the third time, and given effective tools to pursue sexual raphy) passed. predators. The Attorney General is Mr. COATS. Mr. President, I send an The title amendment was agreed to. provided with authority to issue ad- amendment to the desk and ask for its The title amendment, as amended, ministrative subpoenas in child por- immediate consideration. was agreed to. nography cases. Proceeds derived from The PRESIDING OFFICER. The The title was amended so as to read: these offenses, and the facilities and clerk will report. ‘‘To amend title 18, United States instrumentalities used to perpetuate The legislative clerk read as follows: Code, to protect children from sexual these offenses, will be subject to for- The Senator from Indiana [Mr. COATS], for abuse and exploitation, and for other feiture. And prosecutors will not have Mr. HATCH, proposes an amendment num- purposes.’’ the power to seek pretrial detention of bered 3812. Mr. HATCH. Mr. President, I am sexual predators prior to trial. Mr. COATS. Mr. President, I ask pleased to note the passage of H.R. Federal law enforcement will be unanimous consent that reading of the 3494, the Hatch-Leahy-DeWine ‘‘Protec- given increased statutory authority to amendment be dispensed with. tion of Children from Sexual Predators assist the States in kidnapping and se- The PRESIDING OFFICER. Without Act of 1998.’’ I want to thank Senators rial murder investigations, which often objection, it is so ordered. LEAHY and DEWINE for their coopera- involve children. In that vein, H.R. 3494 The amendment is as follows: tion in drafting and advocating the calls for the creation of the Morgan P. On page 121, between lines 6 and 7, insert passage of this important piece of leg- Hardiman Child Abduction and Serial the following: islation. I also want to commend Con- Murder Investigative Resources Center. October 9, 1998 CONGRESSIONAL RECORD — SENATE S12263 That center will gather information, vacy rights that have nothing to do prohibiting a person under the age of expertise and resources that our na- with child pornography. consent from e-mailing her own ad- tion’s law enforcement agencies can As I have said before, the whole dress or telephone number to her boy- draw upon to help combat these hei- world watches when the United States friend. The Hatch-Leahy-DeWine sub- nous crimes. regulates the Internet, and we have a stitute fixes this problem by making it Sentences for child abuse and exploi- special obligation to do it right. clear that a violation must involve the tation offenses will be made tougher. The goal of H.R. 3494, and of the transmission of someone else’s identi- In addition to increasing the maximum Hatch-Leahy-DeWine substitute, is to fying information. In addition, to penalties available for many crimes provide stronger protections for chil- eliminate any notice problem arising against children and mandating tough dren from those who would prey upon from the variations in state statutory sentences for repeat offenders, the bill them. Concerns over protecting our rape laws, the Senate bill conforms the will also recommend that the Sentenc- children have only intensified in recent bill to the federal age of consent—16— ing Commission reevaluate the guide- years with the growing popularity of in provisions regarding the age of the lines applicable to these offenses, and the Internet and the World Wide Web. identified minor. The Senate bill also increase them where appropriate to ad- Cyberspace gives users access to a clarifies that the defendant must know dress the egregiousness of these crimes. wealth of information; it connects peo- that the person about whom he was And H.R. 3494 calls for life imprison- ple from around the world. But is also transmitting identifying information ment in appropriate cases where cer- creates new opportunities for sexual was, in fact, under 16. This change was tain crimes result in the death of chil- predators and child pornographers to particularly important because, in the dren. ply their trade. anonymous world of cyberspace, a per- Protection of our children is not a The challenge is to protect children son may have no way of knowing the partisan issue. We have drawn upon the from exploitation in cyberspace while age of the faceless person with whom collective wisdom of the House as well ensuring that the vast democratic he is communicating. Another provision of the House bill, as from Senators on both sides of the forum of the Internet remains an en- which makes it a crime to transfer ob- aisle to draft a bill which includes gine for the free exchange of ideas and scene material to a minor, raised simi- strong, effective legislation protecting information. lar concerns. Again, the Hatch-Leahy- children. Once again, I urge the House The Hatch-Leahy-DeWine version of the bill meets this challenge. While DeWine bill lowers the age of minority to act quickly to pass this bill so that from 18 to 16—the federal age of major- neither version is a cure-all for the we can get it to the President for his ity—and provides that the defendant scourge of child pornography, the sub- signature this session. Protection for must know he is dealing with someone stitute is a useful step toward limiting our children delayed is protection de- so young. This provision of the Senate the ability of cyber-pornographers and nied. bill, like the House bill, applies only to Mr. LEAHY. Mr. President, I am glad predators from harming children. ‘‘obscene’’ material—that is, material The bill has come a long way since it that we have been able to achieve pas- that enjoys no First Amendment pro- was passed by the House last June. Sig- sage of a bill that will help protect tection whatever—material that is pat- nificant objections were raised by civil children from sexual predators. ently offensive to the average adult. liberties organizations and others to As the leaders of the Senate Judici- The bill does not purport to proscribe provisions in the original H.R. 3494, and ary Committee, it is the responsibility the transferral of constitutionally pro- ATCH and myself to we worked hard on a bipartisan basis of Chairman H tected material. schedule legislation for consideration to ensure that this bill would pass in The original House bill would also by the Committee and to draft the short time remaining in this Con- have criminalized certain conduct di- changes, if warranted. Many bills never gress. rected at a person who had been ‘‘rep- are scheduled for committee votes, and I thank the Chairman and Senator resented ’’ to be a minor, even if that as the legislative session draws to a DEWINE, and other members of the person was, in fact, an adult. The evi- close, it becomes increasingly impor- Committee, for working together to ad- dent purpose was to make clear that tant that any bills brought to the Sen- dress the legitimate concerns about the targets of sting operations are not ate Floor adequately address concerns certain provisions in the House-passed relieved of criminal liability merely raised, to improve their chances for en- bill, and to make this substitute more because their intended victim turned actment. At this stage of the legisla- focused and measured. Briefly, I would out to be an undercover agent and not tive process, even one senator can pre- like to highlight and explain some of a child. The new ‘‘sting’’ provisions ad- vent passage of an ill-considered or the changes we made, and why we dressed a problem that simply does not controversial bill. Passage today of the made them. currently exist: No court has ever en- Hatch-Leahy-DeWine substitute to As passed by the House, H.R. 3494 dorsed an impossibility defense along H.R. 3494 is due to the efforts of those would make it a crime, punishable by the lines anticipated by the House bill. members who have worked to resolve up to 5 years’ imprisonment, to do The creation of special ‘‘sting’’ provi- the legitimate concerns raised by the nothing more than ‘‘contact’’ a minor, sions in this one area could uninten- original bill we received from the or even just attempt to ‘‘contact’’ a tionally harm law enforcement inter- House. minor, for the purpose of engaging in ests by lending credence to impossibil- In the case of H.R. 3494, the Chairman sexual activity. This provision, which ity defenses raised in other sting and and I, joined by Senator DEWINE. would be extremely difficult to enforce undercover situations. At the same worked hard to bring forward a bill and would invite court challenges, does time, these provisions would have that was both strong and sensible and not appear in the Hatch-Leahy-DeWine criminalized conduct that was other- that would have a chance to win enact- substitute. In criminal law terms, the wise lawful: It is not a crime for adults ment in the short time remaining in act of making contact is not very far to communicate with each other about the legislative session. along the spectrum of an overt crimi- sex, even if one of the adults pretends Unlike some who may just want to nal act. Targeting ‘‘attempts’’ to make to be a child. Given these significant score political points, we actually want contact would be even more like pros- concerns, the ‘‘sting’’ provisions have to enact this bill to protect children, ecuting a thought crime. It is difficult been stricken from the House Leahy- something that I worked hard to do as to see how such a provision would be DeWine substitute. a prosecutor, when I convicted child enforced without inviting significant Another concern with the House bill molesters in the state of Vermont. We litigation. was its modification of the child por- wanted to bring forward a bill that Another new crime created by the nography possession laws. Current law could pass. House bill prohibited the transmittal requires possession of three or more The problem area is the original of identifying information about any pornographic images in order for there House bill as it reached the Committee person under 18 for the purpose of en- to be criminal liability. Congress wrote centered on its unintended con- couraging unlawful sexual activity. In this requirement into the law as a way sequences for law enforcement, regula- its original incarnation, this provision of protecting against government over- tion of the Internet, and important pri- would have had the absurd result of reaching. By eliminating this numeric S12264 CONGRESSIONAL RECORD — SENATE October 9, 1998 requirement, the House bill put at risk ate new problems. Under current law, warranted, it may subpoena, the ISP the unsuspecting Internet user who, by ISPs are generally free to report sus- for any identifying information that inadvertence or mistake, downleaded a picious communications to law en- the ISP may possess. The new adminis- single pornographic image of a child. forcement authorities. Under H.R. 3494, trative subpoena power should expedite While we support the concept of zero ISPs would be required to report such this process. tolerance for child pornography, the in- communications when they involve The substitute also refines the re- evitable result of the House language child pornography; failure to do so porting requirement in other ways: in overriding the earlier congressional would be punishable by a substantial First, by providing that there is no definition would be to chill the free ex- fine. liability for failing to make a report change of information over the Web by In addressing this issue, the Chair- unless the ISP knew both of the exist- making users fearful that, if they man, Senator DEWINE and I are com- ence of child pornography and of the download illegal material by mistake, mitted to eradicating the market of duty to report it (if it rises to the level they could go to jail. child pornography, believing that child of probable cause). More importantly, this provision pornography is inherently harmful to Second, by making clear that we are could also inadvertently harm law en- children. ISPs that come across such not imposing a monitoring require- forcement interests by chilling those material should report it, and, in most ment of any kind: ISPs must report who inadvertently or mistakenly come cases, they already do. We must tread child pornography when they come upon child pornography from bringing cautiously, however, before we compel across it or it is brought to their atten- the material to the attention of law en- private citizens to act as good Samari- tion, but they are not obligated to go forcement officers. Technically, under tans or to assume duties and respon- out looking for it, which raises signifi- the House-passed bill, these law-abid- sibilities that are better left to law en- cant privacy concerns and conflicts ing citizens would be subject to crimi- forcement following statutory defined with other laws. nal liabiilty. procedures to safeguard privacy and Third, by adding privacy protections Efforts to avoid these unintended ensure due process. for any information reported under the consequences, while promoting zero The ISPs have cooperated in refining bill. tolerance of child pornography, could this provision of the House bill to Fourth, to protect smaller ISPs who not be resolved in the time constraints make it more workable. Particular could be put out of business for a first facing the Committee. However, our bi- consideration was given to the appro- offense, by lowering the maximum fine partisan efforts to draft workable lan- priate standard for triggering a duty to for first offenders to $50,000; a second or guage have borne fruit. The Hatch- report. We wanted to make the bar suf- subsequent failure to report, however, Leahy-DeWine-Sessions amendment ficiently high to discourage ISPs from may still result in a fine of up to accommodates the objective of ‘‘zero erring on the side of over-reporting $100,000. balance’’ for child pornography, but every questionable image. Over-report- Thus, improved, the reporting re- permits a narrow affirmative defense ing would overwhelm law enforcement quirement will accomplish its objec- for certain defendants who, in good agencies with worthless investigative tives without violating the privacy faith, destroyed the prohibited mate- leads and make it more difficult for rights of Internet users, unduly bur- rial or reported it to law enforcement them to isolate the leads worth pursu- dening the ISPs, or inundating law en- authorities. With this amendment, we ing. Over-reporting would also jeopard- forcement with a lot of worthless infor- have achieved zero tolerance without ize the First Amendment rights of mation. unintended consequences for innocent Internet users, while needlessly mag- In conclusion, I commend Senators Internet users and for law enforcement. nifying the administrative burden of HATCH and DEWINE for their efforts to The House bill would have given the the ISPs. address the terrible problem of child Attorney General sweeping administra- Under H.R. 3494, ISPs have a duty to predators and pornographers. I am glad tive authority to subpoena records and make a report to law enforcement au- that we were able to join forces to con- witnesses investigations involving thorities only when they obtain knowl- struct a substitute that goes a long crimes against children. This proposed edge of material from which a viola- way toward achieving our common authority to issue administrative sub- tion of the federal child pornography goals. poenas would have given federal agents laws ‘‘is apparent.’’ While the commit- AMERICA ONLINE INC., the power to compel disclosures with- tee-reported bill required ISPs to make Washington, DC, September 25, 1998. out any oversight by a judge, prosecu- a report only when they had ‘‘probable Hon. PATRICK LEAHY, cause’’ to believe that the child por- Ranking Member, Judiciary Committee, US Sen- tor, or grand jury, and without any of ate, Washington, DC. the grand jury secrecy requirements. nography laws were being violated, the DEAR SENATOR LEAHY: I am writing to fol- We appreciate that such secretary re- substitute passed today adopts an ‘‘is low up on the letter of September 18 on the quirements may pose obstacles to full apparent’’ standard. The latter stand- ISP reporting provisions of H.R. 3494, to and efficient cooperation of federal/ ard is stricter than the ‘‘probable which America Online was a signatory. state task forces in their joint efforts cause’’ standard and so will reduce any In discussions preceding markup, there was to reduce the steadily increasing use of incentive for over-reporting. I ask an ISP request for a tighter standard for the unanimous consent that a letter from duty-to-report screening test, to avoid un- the Internet to perpetrate crimes necessary and counter-productive reporting. against children, including crimes in- America Online regarding the ‘‘is ap- In response, the committee used a ‘‘probable volving the distribution of child por- parent’’ standard be included in the cause’’ standard. While we are grateful for nography. In addition, we understand record. your intent, there has remained some uncer- that some U.S. Attorneys’ Offices are If the ‘‘is apparent’’ standard is met, tainty about the effect of the original ‘‘is ap- reluctant to open grand jury investiga- an ISP must expeditiously file a report parent’’ standard and, thus, about which tions when the only goal is to identify with law enforcement authorities. This standard is actually more limiting of the individuals who have not yet, and may report is to include the ‘‘facts or cir- material covered, and thus more workable cumstances’’ from which a violation of for ISP’s. Subsequently, a number of ISP’s never, commit a federal (as opposed to have analyzed and discussed the question, state or local) offense. the law is apparent, so that law en- and it is our collective judgment that the ‘‘is The Hatch-Leahy-DeWine substitute forcement agencies can determine apparent’’ standard is preferable. This is the accommodates these competing inter- whether or not further investigation or basis for our request that the language be ests by granting the Department a nar- prosecution is called for. Information changed. rowly drawn authority to subpoena the in the ISP’s files identifying the name To elaborate: under proposed 227(b)(1) of information that it most needs: Rou- of a subscriber does not fall within this the Victims of Child Abuse Act, as added by tine subscriber account information description, since child pornography Sec. 604 of H.R. 3494, Internet and online offenses will either be apparent or not, service providers (ISP’s) would have a duty from Internet Service Providers to report to a law enforcement authority any (ISPS), which may provide appropriate without regard to the name of a party child pornography of which it gains knowl- notice to subscribers. to an image transmission or other vio- edge in the provision of its service. In each The new reporting requirement es- lative act. If law enforcement deter- case the ISP must judge whether material is tablished by H.R. 3494 would also cre- mines that further investigation is covered under this duty or not. The test it October 9, 1998 CONGRESSIONAL RECORD — SENATE S12265 uses in this process of analysis is the subject girl, Joan D’Alessandro. Tragically, with the Tribes, the Department of the of our request. Based on our review of the Joan was raped and killed in 1973. Al- Interior, and representatives of the lin- history of the ‘‘is apparent’’ standard, we be- though her murderer was convicted of eal descendants to craft the com- lieve it to result in a narrower reporting scope than ‘‘probably cause,’’ which at best the crime and sentenced to 20 years in promise embodied in this legislation. calls for an uncertain ‘‘more likely than State prison, he has become eligible for Mr. President, I am pleased by the not’’ judgment. parole and continues to seek his re- passage of this legislation, which helps A more workable approach is to trigger the lease. finalize a judgment made three decades duty when the ISP receives knowledge of Joan’s family has repeatedly had to ago. This legislation is a fair com- ‘‘facts or circumstances from which a viola- fight against parole for this vicious promise, one that will help break the tion of [applicable law] is apparent****’’ killer. They have been forced to relive stalemate that has prevented the dis- While the ISP has no duty to monitor its this tragedy again and again, as they tribution of these judgment funds. I users, in essence this language creates a ‘‘red flag:’’ if the ISP in the operation of its serv- try to ensure that others are protected thank my colleagues for their support ice obtains knowledge of material which is from the terrible horror they have suf- and assistance. clearly child pornography, a red flag should fered. f be raised. Such material must be reported to Joan’s law will spare other families the authorities. It is not, the ISP may be from these battles. It provides that, AMENDING THE ARMORED CAR IN- heavily fined—it ignores the red flag at its unless the death sentenced is imposed, DUSTRY RECIPROCITY ACT OF peril. any criminal convicted of a sexual of- 1993 As you are aware, this standard originated fense that results in the death of a Mr. COATS. Mr. President, I ask in Title II of the Digital Millennium Copy- unanimous consent that the Senate right Act, developed in the Judiciary Com- minor under the age of 14 will be sen- mittee and passed 99–0 by the Senate earlier tenced to life imprisonment. With this now proceed to the consideration of this summer. For material present on ISPs’ effort, we will ensure that cold-blooded calendar No. 538, H.R. 624. servers or material to which ISP’s link on murderers who abuse our children will The PRESIDING OFFICER. Without the Internet, committee desired to create a be kept behind bars for the rest of their objection, it is so ordered. standard of liability triggered by disregard lives. The clerk will report. of any ‘‘red flags’’. It sought a test falling Mr. President, I wish that we could The legislative clerk read as follows: between the familiar ‘‘should have known, do more to alleviate the pain and trau- A bill (H.R. 624) to amend the Armored Car could have known’’ standard, which was ma suffered by the D’Alessandro fam- Industry Reciprocity Act of 1993 to clarify deemed too broad in its coverage, and abso- ily. With profound courage and dignity, certain requirements and to improve the lute certainty of infringement, which was flow of interstate commerce. they have endured so much for so long. deemed too narrow. ‘‘Apparent’’ has more The PRESIDING OFFICER. Is there the meaning of ‘‘clear on its face,’’ and is a Their relentless battle for justice, and higher standard of evidence of illegality than their tireless efforts to protect others objection to the immediate consider- ‘‘probable cause’’, which implies ‘‘more like- is an inspiration to us all. I am deeply ation of the bill? ly than not, based on all the cir- heartened that Congress has passed There being no objection, the Senate cumstances.’’. As the bill’s extensively-nego- this legislative memorial to Joan. proceeded to consider the bill. tiated ‘‘Section by Section’’ written analysis Mr. CONRAD. Mr. President, I would Mr. COATS. Mr. President, I ask states: ‘‘Under this standard, a service pro- like to say a few words about my unanimous consent that the bill be vider would have no obligation to seek out considered read the third time and copyright infringement, but it would not strong support of the Mississippi Sioux Tribes Judgment Fund Distribution passed, the motion to reconsider be qualify for the safe habor if it had turned a laid upon the table, and that any state- blind eye to ‘red flags’ of obvious infringe- Act. ment.’’ In 1967, the Indian Claims Commis- ments relating to the bill appear at Again, given this history and understand- sion rendered a judgment in favor of this point in the RECORD. ing of the ‘‘is apparent’’ standard, we believe the Sisseton-Wahpeton Sioux Tribe, The PRESIDING OFFICER. Without it will be a significant improvement over the Devils Lake Sioux Tribe (now the objection, it is so ordered. ‘‘probable cause’’ in H.R. 3494’s duty-to-re- Spirit Lake Nation), and the Assini- The bill (H.R. 624) was considered port provisions. read the third time, and passed. In conclusion, thank you for your willing- boine and Sioux Tribe of Fort Peck, to f ness to continue working with us on this satisfy land compensation claims. In point. Your sensitivity, and that of the 1968, Congress appropriated $5.9 million ANTI-MICROBIAL REGULATION Chairman, have once again been crucial in for this settlement. TECHNICAL CORRECTIONS ACT laying down a workable legislative road map In 1972, Congress passed legislation to OF 1998 for the Internet/online medium. provide for the distribution of this Mr. COATS. Mr. President, I ask Very truly yours, award to the three Tribes. Twenty-five JILL A. LESSER, unanimous consent that the Senate percent ($1.5 million) was set aside for Director, Law & Public Policy, proceed to the immediate consider- lineal descendants who are not tribal Assistant General Counsel. ation of H.R. 4679, which was received members. Funds were distributed to Mr. LAUTENBERG. Mr. President, from the House. we live in a world where it is increas- the Devils Lake Sioux and the The PRESIDING OFFICER. Without ingly difficult to protect our children. Sisseton-Wahpeton Sioux in 1974, and a objection, it is so ordered. The advent of sophisticated computer partial distribution was made to the The clerk will report. technology has made it too easy for de- Assiniboine and Sioux Tribe in 1979. The legislative clerk read as follows: praved criminals to gather information However, because the original judg- A bill (H.R. 4679) to amend the Federal about children and prey upon them. ment did not include shares for the lin- Food, Drug and Cosmetic Act to clarify the And nothing is more heinous and rep- eal descendants, the issue has been tied circumstances in which a substance is con- rehensible than the brutalization of a up in litigation and the lineal descend- sidered to be a pesticide chemical for pur- child. We cannot be too vigilant in the ants’ share of the funds has remained poses of such act, and for other purposes. battle against child predators. undistributed since the passage of dis- The PRESIDING OFFICER. Is there I am pleased that today, with the tribution legislation in 1972. Since that objection to the immediate consider- passage of the Child Protection and time, the interest on the fund has ation of the bill? Sexual Predator Punishment Act, the grown to nearly $15 million. The bill we There being no objection, the Senate Senate is marching forward in this have approved today will distribute proceeded to consider the bill. fight. This legislation will provide 71.6005 percent of these funds to the lin- Mr. COATS. Mr. President, I ask tough punishment for those who would eal descendants, and 28.3995 percent to unanimous consent that the bill be sexually abuse the youth of our Nation. the Tribes. considered read the third time and This measure contains an important I say again, as I have said on numer- passed, the motion to reconsider be provision, the Joan’s Law Act, that ous occasions, this situation has gone laid upon the table, and that any state- Senator TORRICELLI and I originally in- on long enough. Neither the Tribes nor ments relating to the bill be placed at troduced as a separate bill. This meas- the lineal descendants benefit from the appropriate place in the RECORD. ure is based on a New Jersey law, these funds being tied up in court. The The PRESIDING OFFICER. Without which was named after a 7-year-old- Indian Affairs Committee has worked objection, it is so ordered. S12266 CONGRESSIONAL RECORD — SENATE October 9, 1998 The bill (H.R. 4679) was considered (i) the funds described in section 3; minus numbered A00C14203382 and A00C14202991, that read the third time, and passed. (ii) an amount equal to 71.6005 percent of the the Secretary approved on February 10, 1978 f funds described in section 3. and August 16, 1988, respectively; or (2) DISTRIBUTION OF FUNDS TO ACCOUNTS IN (7) the payment of attorneys’ fees or expenses MISSISSIPPI SIOUX TRIBES JUDG- THE FUND ACCOUNT.—The Secretary shall ensure of any covered Indian tribe referred to in section MENT FUND DISTRIBUTION ACT that the aggregate amount transferred under 4(a)(2) for litigation or other representation OF 1998 paragraph (1) is allocated to the accounts estab- with respect to matters arising out of this Act. lished in the Fund Account as follows: (c) MANAGEMENT.—Subject to subsections (a), Mr. COATS. Mr. President, I ask (A) 28.9276 percent of that amount shall be al- (b), and (d), any funds distributed to a covered unanimous consent that the Senate located to the account established for the benefit Indian tribe pursuant to sections 4 and 7 may be proceed to the immediate consider- of the tribal governing body of the Spirit Lake managed and invested by that Indian tribe pur- ation of calendar No. 708, S. 391. Tribe of North Dakota. suant to the American Indian Trust Fund Man- The PRESIDING OFFICER. Without (B) 57.3145 percent of that amount, after pay- agement Reform Act of 1994 (25 U.S.C. 4001 et objection, it is so ordered. ment of any applicable attorneys’ fees and ex- seq.). The clerk will report. penses by the Secretary under the contract num- (d) WITHDRAWAL OF FUNDS BY COVERED The legislative clerk read as follows: bered A00C14202991, approved by the Secretary TRIBES.— on August 16, 1988, shall be allocated to the ac- (1) IN GENERAL.—Subject to paragraph (2), A bill (S. 391) to provide for the disposition count established for the benefit of the tribal each covered Indian tribe may, at the discretion of certain funds appropriated to pay judg- governing body of the Sisseton and Wahpeton of that Indian tribe, withdraw all or any por- ment in favor of the Mississippi Sioux Indi- Sioux Tribe of South Dakota. tion of the funds distributed to the Indian tribe ans, and for other purposes. (C) 13.7579 percent of that amount shall be al- under sections 4 and 7 in accordance with the The PRESIDING OFFICER. Is there located to the account established for the benefit American Indian Trust Fund Management Re- objection to the immediate consider- of the tribal governing body of the Assiniboine form Act (25 U.S.C. 4001 et seq.). ation of the bill? and Sioux Tribes of the Fort Peck Reservation (2) EXEMPTION.—For purposes of paragraph There being no objection, the Senate in Montana, as designated under subsection (c). (1), the requirements under subsections (a) and proceeded to consider the bill, which (b) USE.—Amounts distributed under this sec- (b) of section 202 of the American Indian Trust tion to accounts referred to in subsection (d) for Fund Management Reform Act (25 U.S.C. 4022 had been reported from the Committee (a) and (b)) and section 203 of such Act (25 on Indian Affairs, with an amendment the benefit of a tribal governing body shall be distributed and used in a manner consistent U.S.C. 4023) shall not apply to a covered Indian to strike all after the enacting clause with section 5. tribe or the Secretary. and inserting in lieu thereof the follow- (c) TRIBAL GOVERNING BODY OF ASSINIBOINE (3) RULE OF CONSTRUCTION.—Nothing in para- ing: AND SIOUX TRIBES OF FORT PECK RESERVA- graph (2) may be construed to limit the applica- SECTION 1. SHORT TITLE. TION.—For purposes of making distributions of bility of section 202(c) of the American Indian This Act may be cited as the ‘‘Mississippi funds pursuant to this Act, the Sisseton and Trust Fund Management Reform Act (25 U.S.C. Sioux Tribes Judgment Fund Distribution Act of Wahpeton Sioux Council of the Assiniboine and 4022(c)). 1998’’. Sioux Tribes shall act as the governing body of SEC. 6. EFFECT OF PAYMENTS TO COVERED IN- DIAN TRIBES ON BENEFITS. SEC. 2. DEFINITIONS. the Assiniboine and Sioux Tribes of the Fort In this Act: Peck Reservation. (a) IN GENERAL.—A payment made to a cov- (1) COVERED INDIAN TRIBE.—The term ‘‘cov- (d) TRIBAL TRUST FUND ACCOUNTS.—The Sec- ered Indian tribe or an individual under this ered Indian tribe’’ means an Indian tribe listed retary of the Treasury, in cooperation with the Act shall not— in section 4(a). Secretary of the Interior, acting through the Of- (1) for purposes of determining the eligibility (2) FUND ACCOUNT.—The term ‘‘Fund Ac- fice of Trust Fund Management of the Depart- for a Federal service or program of a covered In- count’’ means the consolidated account for trib- ment of the Interior, shall ensure that such ac- dian tribe, household, or individual, be treated al trust funds in the Treasury of the United counts as are necessary are established in the as income or resources; or States that is managed by the Secretary— Fund Account to provide for the distribution of (2) otherwise result in the reduction or denial (A) through the Office of Trust Fund Man- funds under subsection (a)(2). of any service or program to which, pursuant to Federal law (including the Social Security Act agement of the Department of the Interior; and SEC. 5. USE OF DISTRIBUTED FUNDS. (B) in accordance with the American Indian (42 U.S.C. 301 et seq.)), the covered Indian tribe, (a) PROHIBITION.—No funds allocated for a Trust Fund Management Reform Act of 1994 (25 household, or individual would otherwise be en- covered Indian tribe under section 4 may be U.S.C. 4001 et seq.). titled. used to make per capita payments to members of (3) SECRETARY.—The term ‘‘Secretary’’ means (b) APPLICABILITY.—Section 304 of Public Law the covered Indian tribe. the Secretary of the Interior. 92–555 (25 U.S.C. 1300d–8) shall apply to any (b) PURPOSES.—The funds allocated under (4) TRIBAL GOVERNING BODY.—The term ‘‘trib- funds distributed under this Act. section 4 may be used, administered, and man- al governing body’’ means the duly elected gov- SEC. 7. DISTRIBUTION OF FUNDS TO LINEAL DE- erning body of a covered Indian tribe. aged by a tribal governing body referred to in SCENDANTS. section 4(a)(2) only for the purpose of making SEC. 3. DISTRIBUTION TO, AND USE OF CERTAIN (a) IN GENERAL.—Subject to section 8(e), the FUNDS BY, THE SISSETON AND investments or expenditures that the tribal gov- Secretary shall, in the manner prescribed in sec- WAHPETON TRIBES OF SIOUX INDI- erning body determines to be reasonably related tion 202(c) of Public Law 92–555 (25 U.S.C. ANS. to— 1300d–4(c)), distribute to the lineal descendants Notwithstanding any other provision of law, (1) economic development that is beneficial to of the Sisseton and Wahpeton Tribes of Sioux including Public Law 92–555 (25 U.S.C. 1300d et the covered Indian tribe; Indians an amount equal to 71.6005 percent of seq.), any funds made available by appropria- (2) the development of resources of the covered the funds described in section 3, subject to any tions under chapter II of Public Law 90–352 (82 Indian tribe; reduction determined under subsection (b). Stat. 239) to the Sisseton and Wahpeton Tribes (3) the development of programs that are bene- (b) ADJUSTMENTS.— of Sioux Indians to pay a judgment in favor of ficial to members of the covered Indian tribe, in- (1) IN GENERAL.—Subject to section 8(e), if the those Indian tribes in Indian Claims Commission cluding educational and social welfare pro- number of individuals on the final roll of lineal dockets numbered 142 and 359, including inter- grams; descendants certified by the Secretary under est, that, as of the date of enactment of this Act, (4) the payment of any existing obligation or section 201(b) of Public Law 92–555 (25 U.S.C. have not been distributed, shall be distributed debt (existing as of the date of the distribution 1300d–3(b)) is less than 2,588, the Secretary shall and used in accordance with this Act. of the funds) arising out of any activity referred distribute a reduced aggregate amount to the SEC. 4. DISTRIBUTION OF FUNDS TO TRIBES. to in paragraph (1), (2), or (3); lineal descendants referred to in subsection (a), (a) IN GENERAL.— (5)(A) the payment of attorneys’ fees or ex- determined by decreasing— (1) AMOUNT DISTRIBUTED.— penses of any covered Indian tribe referred to in (A) the percentage specified in section (A) IN GENERAL.—Subject to section 8(e) and if subparagraph (A) or (C) of section 4(a)(2) for 4(a)(B)(ii) by a percentage amount equal to— no action is filed in a timely manner (as deter- litigation or other representation for matters (i) .0277; multiplied by mined under section 8(d)) raising any claim arising out of the enactment of Public Law 92– (ii) the difference between 2,588 and the num- identified in section 8(a), not earlier than 365 555 (25 U.S.C. 1300d et seq.); except that ber of lineal descendants on the final roll of lin- days after the date of enactment of this Act and (B) the amount of attorneys’ fees paid by a eal descendants, but not to exceed 600; and not later than 415 days after the date of enact- covered Indian tribe under this paragraph with (B) the percentage specified in subsection (a) ment of this Act, the Secretary shall transfer to funds distributed under section 4 shall not ex- by the percentage amount determined under the Fund Account to be credited to accounts es- ceed 10 percent of the amount distributed to that subparagraph (A). tablished in the Fund Account for the benefit of Indian tribe under that section; (2) DISTRIBUTION.—If a reduction in the the applicable governing bodies under para- (6) the payment of attorneys’ fees or expenses amount that otherwise would be distributed graph (2) an aggregate amount determined of the covered Indian tribe referred to in section under subsection (a) is made under paragraph under subparagraph (B). 4(a)(2)(B) for litigation and other representation (1), an amount equal to that reduction shall be (B) AGGREGATE AMOUNT.—The aggregate for matters arising out of the enactment of Pub- added to the amount available for distribution amount referred to in subparagraph (A) is an lic Law 92–555 (25 U.S.C. 1300d et seq.), in ac- under section 4(a)(1), for distribution in accord- amount equal to the remainder of— cordance, as applicable, with the contracts ance with section 4(a)(2). October 9, 1998 CONGRESSIONAL RECORD — SENATE S12267 (c) VERIFICATION OF ANCESTRY.—In seeking to (e) SPECIAL RULE.— their lineal ancestry to a member of verify the Sisseton and Wahpeton Mississippi (1) FINAL JUDGMENT FOR LINEAL DESCEND- the aboriginal Sisseton and Wahpeton Sioux Tribe ancestry of any person applying for ANTS.— Mississippi Sioux, the predecessor to (A) IN GENERAL.—If an action that raises a enrollment on the roll of lineal descendants the three modern-day tribal entities. after January 1, 1998, the Secretary shall certify claim referred to in subsection (a) is brought, that each individual enrolled as a lineal de- and a final judgment is entered in favor of 1 or The judgment was compensation for scendant can trace ancestry to a specific more lineal descendants referred to in that sub- the 27 million acres of land taken from Sisseton or Wahpeton Mississippi Sioux Tribe section, section 4(a) and subsections (a) and (b) this aboriginal tribe in the 19th cen- lineal ancestor who was listed on— of section 7 shall not apply to the distribution of tury. (1) the 1909 Sisseton and Wahpeton annuity the funds described in subparagraph (B). Congress made the decision to allo- roll; (B) DISTRIBUTION OF FUNDS.—Upon the cate 25 percent of the original judg- (2) the list of Sisseton and Wahpeton Sioux issuance of a final judgment referred to in sub- ment to the lineal descendants at the prisoners convicted for participating in the out- paragraph (A) the Secretary shall distribute 100 urging of the Department of the Inte- break referred to as the ‘‘1862 Minnesota Out- percent of the funds described in section 3 to the break’’; lineal descendants in a manner consistent rior. The Department, in 1972, felt that (3) the list of Sioux scouts, soldiers, and heirs with— historical events warranted a depar- identified as Sisseton and Wahpeton Sioux on (i) section 202(c) of Public Law 92–555 (25 ture from precedent which was to make the roll prepared pursuant to the Act of March U.S.C. 1300d–4(c)); and awards to tribes and not to individuals. 3, 1891 (26 Stat. 989 et seq., chapter 543); or (ii) section 202(a) of Public Law 92–555, as in In fact, the 1967 Indian Claims Commis- (4) any other Sisseton or Wahpeton payment effect on the day before the date of enactment of sion judgment awarded compensation or census roll that preceded a roll referred to in this Act. only to the successor tribes to the ab- paragraph (1), (2), or (3). (2) FINAL JUDGMENT FOR COVERED INDIAN original Sisseton and Wahpeton Mis- (d) CONFORMING AMENDMENTS.— TRIBES.— (1) IN GENERAL.—Section 202(a) of Public Law (A) IN GENERAL.—If an action that raises a sissippi Sioux tribe, not to individual 92–555 (25 U.S.C. 1300d–4(a)) is amended— claim referred to in subsection (a) is brought, lineal descendants. (A) in the matter preceding the table— and a final judgment is entered in favor of 1 or The three Sisseton and Wahpeton (i) by striking ‘‘, plus accrued interest,’’; and more covered Indian tribes that invalidates the tribes received their respective shares (ii) by inserting ‘‘plus interest received (other distributions made under this Act to lineal de- of the judgment award by the mid- than funds otherwise distributed to the Sisseton scendants, section 4(a), other than the percent- 1970’s. To date, though, the funds allo- and Wahpeton Tribes of Sioux Indians in ac- ages under section 4(a)(2), and subsections (a) cordance with the Mississippi Sioux Tribes cated for the lineal descendants have and (b) of section 7 shall not apply. not been distributed. This has resulted Judgment Fund Distribution Act of 1998),’’ after (B) DISTRIBUTION OF FUNDS.—Not later than ‘‘docket numbered 359,’’; and 180 days after the date of the issuance of a final in a situation where the accrued inter- (B) in the table contained in that subsection, judgment referred to in subparagraph (A), the est on the original principle of approxi- by striking the item relating to ‘‘All other Secretary shall distribute 100 percent of the mately $1.5 million has now grown to Sisseton and Wahpeton Sioux’’. funds described in section 3 to each covered In- more than $15 million. (2) ROLL.—Section 201(b) of Public Law 92–555 dian tribe in accordance with the judgment and If the 1,988 lineal descendants identi- (25 U.S.C. 1300d–3(b)) is amended by striking the percentages for distribution contained in fied to date by the Department of the ‘‘The Secretary’’ and inserting ‘‘Subject to the section 4(a)(2). Mississippi Sioux Tribes Judgment Fund Dis- Interior receive the $15 million in per (f) LIMITATION ON CLAIMS BY A COVERED IN- capita payments, they would receive tribution Act of 1998, the Secretary’’. DIAN TRIBE.— more than 18 times what the 11,829 en- SEC. 8. JURISDICTION; PROCEDURE. (1) IN GENERAL.—If any covered Indian tribe (a) ACTIONS AUTHORIZED.—In any action receives any portion of the aggregate amounts rolled members received in the 1970’s. brought by or on behalf of a lineal descendant transferred by the Secretary to a Fund Account Moreover, since these identified lineal or any group or combination of those lineal de- or any other account under section 4, no action descendants comprise only 14 percent scendants to challenge the constitutionality or may be brought by that covered Indian tribe in of the total number of tribal and non- validity of distributions under this Act to any any court for a claim arising from the distribu- tribal member descendants, the 25 per- covered Indian tribe, any covered Indian tribe, tion of funds under Public Law 92–555 (25 cent allocated for lineal descendants in separately, or jointly with another covered In- U.S.C. 1300–d et seq.). the 1972 act would permit each lineal dian tribe, shall have the right to intervene in (2) RULE OF CONSTRUCTION.—Nothing in this that action to— subsection shall be construed to limit the right descendant to receive almost twice as (1) defend the validity of those distributions; of a covered Indian tribe to— much as did the enrolled tribal mem- or (A) intervene in an action that raises a claim bers who were compensated in the (2) assert any constitutional or other claim referred to in subsection (a); or 1970’s, not counting interest. challenging the distributions made to lineal de- (B) limit the jurisdiction of any court referred In 1987, the three Sisseton and scendants under this Act. to in subsection (b), to hear and determine any Wahpeton tribes filed suit in federal (b) JURISDICTION AND VENUE.— such claims. court to challenge the constitutional- (1) EXCLUSIVE ORIGINAL JURISDICTION.—Sub- ject to paragraph (2), only the United States Mr. DORGAN. Mr. President, S. 391, ity of the lineal descendancy provisions District Court for the District of Columbia, and the Mississippi Sioux Judgment Fund of the 1972 Act. When this legislation for the districts in North Dakota and South Da- Distribution Act is a bill intended to failed, in 1997 the tribes filed a new suit kota, shall have original jurisdiction over any resolve a longstanding problem with in federal court challenging these pro- action brought to contest the constitutionality respect to a judgment fund distribution vision on constitutional grounds. This or validity under law of the distributions au- to Sisseton and Wahpeton tribes in the second suit is currently on appeal. In thorized under this Act. Dakotas and Montana. The bill would 1992, Congress enacted legislation (2) CONSOLIDATION OF ACTIONS.—After the fil- distribute an additional 7.1 percent of ing of a first action under subsection (a), all which authorized the Attorney-General other actions subsequently filed under that sub- the funds, plus accrued interest, award- to settle these cases on any terms section shall be consolidated with that first ac- ed by the Indian Claims Commission in agreed to by the parties involved. How- tion. 1967 to the Sisseton and Wahpeton Mis- ever, the Department of Justice has re- (3) JURISDICTION BY THE UNITED STATES COURT sissippi Sioux Tribes. This legislation fused to proceed with any settlement OF FEDERAL CLAIMS.—If appropriate, the United is cosponsored by Senators BAUCUS, negotiations and has taken the posi- States Court of Federal Claims shall have juris- BURNS, CONRAD, DASCHLE, and Johnson. tion that the 1992 law did not authorize diction over an action referred to in subsection In 1972, Congress enacted legislation the Department to settle these cases (a). that authorized the Secretary of the (c) NOTICE TO COVERED TRIBES.—In an action on any terms other than those laid out brought under this section, not later than 30 Interior to distribute 75 percent of the in the original 1972 act. While I believe days after the service of a summons and com- $5.9 million judgment award to the that this interpretation flies in the plaint on the Secretary that raises a claim iden- Devils Lake Sioux Tribe of North Da- face of congressional intent, the De- tified in subsection (a), the Secretary shall send kota (now known as the Spirit Lake partment has been unwilling to pursue a copy of that summons and complaint, together Tribe), the Sisseton-Wahpeton Sioux the issue. with any responsive pleading, to each covered Tribe of North and South Dakota, and S. 391 represents a reasonable solu- Indian tribe by certified mail with return receipt the Sisseton-Wahpeton Sioux Council tion to this matter and a substantial requested. (d) STATUTE OF LIMITATIONS.—No action rais- of the Assiniboine and Sioux Tribes of compromise on the part of the tribes. ing a claim referred to in subsection (a) may be the Fort Peck Reservation in Montana. In the past, the tribes have sought filed after the date that is 365 days after the The remaining 25 percent was to be dis- complete repeal of the lineal date of enactment of this Act. tributed to individuals who could trace descendancy provisions of the 1972 act. S12268 CONGRESSIONAL RECORD — SENATE October 9, 1998 In 1986, a bill was reported out by the Even after these legal disputes are they won after 17 years of litigation be- Select Committee on Indian Affairs settled, the Department of the Interior fore the Indian Claims Commission. which would have achieved this goal. will continue, pursuant to a federal They were under compensated in the The Department of the Interior sup- court order, to identify new lineal de- 1972 act based on their numbers and it ported this bill, explaining in a letter scendants who did not receive adequate is important that these judgment to the then Chairman of the Select notice in the 1970’s of their right to funds, to the greatest extent possible, Committee: ‘‘As a general rule, we be- participate in the judgment distribu- be used to support tribal government lieve that each distribution of the In- tion. I am concerned about the deter- programs and services. Moreover, the dian judgment funds should benefit the mination of eligibility to participate of split is based on actual identified lineal aggrieved historic tribe for which the any newly identified lineal descend- descendants plus a reasonable addi- award was made. If the historic tribe is ants. The 1972 act requires that eligi- tional number who may be identified in no longer in existence, we believe that bility be based on an individual’s abil- the future and represents a reasonable judgment funds should be programmed, ity to trace ancestry to a lineal ances- and long overdue resolution of this to the greatest extent possible, to the tor who was a member of the Sisseton issue. present-day successor tribe(s) to the and Wahpeton Mississippi Sioux Tribe. Finally, I want to clarify the intent historic tribe.’’ In their litigation the tribes alleged of a portion of subsection (f) of section In this Congress, the tribes supported that only 65 of the 1,988 identified lin- 8, a subsection added to S. 391 in the legislation that would have retained eal descendants met this requirement. last few days. The reference in subpara- the undistributed principal for the lin- The government did not contradict this graph (2)(B) of that subsection to ‘‘any eal descendants and distributed the ac- allegation but argued that the issue such claims’’ includes any claim that crued interest to the three tribes. S. was irrelevant because the 1972 act al- may be brought in intervention by a 391, as originally introduced, adopted lows the Secretary to identify ances- covered Indian tribe. this approach. H.R. 976, an identical tors on 20th century rolls. S. 391 I urge my colleagues to adopt S. 391. bill introduced in the House, passed changes this provision of the 1972 act Mr. COATS. Mr. President, I ask last year. to require the use of rolls as contem- unanimous consent that the committee After the House acted on this legisla- poraneous as possible to the existence tion, the Senate Committee on Indian substitute amendment be agreed to, of the aboriginal Sisseton and Affairs held a hearing last October on bill as amended be considered read the Wahpeton Mississippi Sioux Tribe in H.R. 976 and another hearing last July third time and passed, the motion to order to assure, consistent with the on an S. 391 substitute. The bill before reconsider be laid upon the table and 1972 act, that a specific lineal ancestor us today is the product of exhaustive that any statements relating to the from that tribe can be identified. Fi- negotiations between the parties in- bill appear at this point in the RECORD. nally, it bears reemphasizing that the volved and the subject of frequent con- The committee amendment was reason for this legislation is to correct sultations between congressional staff agreed to. an injustice suffered by the three tribes and representatives of the Departments The bill (S. 391), as amended, was as a result of the 1972 act. The tribes, of Interior and Justice that occurred in considered read the third time, and the past 12 months. Every effort has not individuals, were wronged by the passed. been made to consider and accommo- taking of 27 million acres of treaty-pro- f tected lands owned by their aboriginal date the concerns of these Departments RECOGNIZING THE 50TH ANNIVER- while making sure that the tribes re- predecessor. In my view, in 1972 no amount of the judgment awarded for SARY OF THE AMERICAN RED ceive an additional distribution of at CROSS BLOOD SERVICES least 7.1 percent of the judgment the taking of these lands should have Mr. COATS. Mr. President, I ask award. been allocated to lineal descendants. While I believe that this legislation Allocations to lineal descendants from unanimous consent that the Judiciary is a fundamentally fair solution to a Indian Claims Commission judgments Committee be discharged from further problem that has remained unsolved long ago became a discredited policy consideration of S. Con. Res. 119, and for 30 years and that would persist for and were generally abandoned. How- the Senate then proceed to its imme- many more years without congres- ever, since 26 years have passed since diate consideration. sional intervention, none of the parties the enactment of the 1972 act, I believe The PRESIDING OFFICER. Without is entirely satisfied with the legisla- that the lineal descendants should re- objection, it is so ordered. tion. The tribes accept the legislation ceive a portion of the judgment. S. 391 The clerk will report. for what it provides but continue to would distribute about 30% of the un- The assistant legislative clerk read maintain that they have a constitu- distributed funds to the tribes and as follows: tional right to all of the undistributed about 70% to the unaffiliated lineal de- A concurrent resolution (S. Con. Res. 119) funds. Certain persons seeking lineal scendants. recognizing the 50th anniversary of the descendant status have alleged that This split of the undistributed funds American Red Cross Blood Services. this legislation deprives them of their would equalize the distribution be- The PRESIDING OFFICER. Is there property. tween tribal lineal descendants and the objection to the immediate consider- Because it is in the best interests of non-tribal member class of lineal de- ation of the concurrent resolution? the United States and the other parties scendants. Capping the non-tribal There being no objection, the Senate to bring an end to this problem, the member class at 600 persons more than proceeded to consider the concurrent bill provides that if the lineal descend- the 1,988 already identified lineal de- resolution. ants do not challenge the constitu- scendants was the method the Commit- Mr. FRIST. Mr. President, I rise tionality of the bill’s distribution to tee adopted for calculating the percent today to recognize the 50th anniversary the tribes within one year following en- of the undistributed funds to be allo- of the American Red Cross Blood Serv- actment, they are barred from bringing cated to lineal descendants regardless ices. The Red Cross Blood Services has such a challenge in the future. On the of the final identified number. The been saving lives since its inception other hand, if the lineal descendants do split is not an attempt to achieve per- during World War II. Today, in a rap- bring a timely challenge to the tribal fect parity among all lineal descend- idly changing health care environment, distribution, the bill provides that the ants, both tribal members and non- with ever increasing challenges, the tribes have a right to intervene to tribal members. I recognize that there Red Cross continues to serve patients challenge the constitutionality of the is some chance that the final identified throughout our country. distribution made to lineal descend- number of lineal descendants may ex- The Red Cross is America’s first na- ants. This provision would enable a fed- ceed 2,588. Whatever the final number tionwide, volunteer blood collection eral court to finally and conclusively may be, those lineal descendants will and distribution system. During World determine on the merits the respective equally share the 70% allocation. War II, the Red Cross saved soldiers’ constitutional claims of these parties However, the distribution split is jus- lives by collecting and distributing and permanently put to rest what has tified because the tribes should be the blood. This led to the first National Ci- been an endless legal dispute. primary beneficiaries of the judgment vilian Blood Program, with the opening October 9, 1998 CONGRESSIONAL RECORD — SENATE S12269 of the first blood center in 1948. Today, the world. The Red Cross translates re- Whereas under Transformation the more the Red Cross serves over 3,000 hos- search into life-saving products for pa- than 50 individual, nonstandardized labora- pitals nationwide by supplying almost tients because of its tremendous in- tories operated by local American Red Cross half of the nation’s blood for trans- vestment in research and development. Blood Regions were replaced by 8 state-of- fusion. This life-giving service is made Let me just note that the risk of be- the-art National Testing Laboratories, which possible by volunteers who generously coming infected with HIV through a effectively implement the latest medical technology to perform the testing of approxi- donate nearly six million units of blood blood transfusion has been reduced mately 6,000,000 units of blood annually, from one in 220,000 in 1991, to one in each year. serving both American Red Cross blood cen- In 1991, the Red Cross began a com- 676,000 today—a tremendous improve- ters and several non-American Red Cross prehensive technology and systems re- ment in the safety of the blood supply. blood centers as well, and are located in At- view, to ensure the organization en- I congratulate the 32,000 paid staff lanta, Georgia; Charlotte, North Carolina; tered the next century with state-of- and 1.3 million volunteers on their first Dedham, Massachusetts; Detroit, Michigan; the-art programs, systems, and facili- fifty years of providing blood services, Philadelphia, Pennsylvania; Portland, Or- ties. This program, entitled, ‘‘Trans- and especially want to recognize Mrs. egon; St. Louis, Missouri; and St. Paul, Min- formation,’’ is a $287 million mod- Elizabeth Dole and her tremendous nesota; ernization of every aspect of blood col- management team for their vision in Whereas the American Red Cross Blood lection, processing, and distributing. the implementation of the Trans- Services has created a Quality Assurance According to Red Cross President Eliz- formation program. program recognized throughout the world as a leader in assuring quality in the manufac- abeth Dole, it is the most ambitious In recognition of their accomplish- ture of blood products; project that the Red Cross has ever un- ments, I am introducing the following bill, with ten of my colleagues, Mr. Whereas the creation of the Charles Drew dertaken. Transformation’s goals in- Biomedical Institute has allowed the Amer- JEFFORDS, Mr. LOTT, Ms. MIKULSKI, Mr. cluded the creation of a new central- ican Red Cross to provide training and other COATS, Ms. MURRAY, Mr. MCCONNELL, ized management structure, a new in- educational resources to American Red Cross formation system, and a program of Mr. HARKIN, Ms. COLLINS, Mr. GREGG, Blood Services’ personnel through ‘‘One the highest quality. Without objection, and Mr. BINGAMAN, to commemorate Touch’’ which is an interactive, distance I’d like to submit a copy of Mrs. Dole’s the 50th anniversary of the American learning system that allows instructors to remarks at the 50th Anniversary Bicen- Red Cross Blood Services. train personnel across the country from the Mr. COATS. Mr. President, I ask tennial Celebration of the Red Cross, institute’s location at American Red Cross unanimous consent that the resolution which includes comments on Trans- Biomedical Headquarters in Rosslyn, Vir- be agreed to, the preamble be agreed ginia; formation, for the record. to, the motion to reconsider be laid Whereas Transformation saw the develop- Transformation successfully consoli- upon the table, and that any state- ment of a centrally managed blood inventory dated 50 individual, non-standardized ments related to the resolution appear system to ensure the consistent availability labs operated by local Blood Regions in the RECORD. of blood and blood components in every into eight state-of-the-art National The PRESIDING OFFICER. Without American Red Cross Blood Services Region Testing Laboratories that perform 70 objection, it is so ordered. throughout the country, and the creation of million laboratory tests each year. The concurrent resolution (S. Con. the new centralized organizational structure within American Red Cross Blood Services; These new labs serve the Red Cross as Res. 119) was agreed to. Whereas the American Red Cross Jerome well as several non-Red Cross blood The preamble was agreed to. H. Holland Laboratory in Rockville, Mary- centers. As part of this Trans- The concurrent resolution, with its formation, the American Red Cross has land, is the world’s premiere blood research preamble, is as follows: facility, consistently contributing to the undertaken a Manufacturing and Com- S. CON. RES. 119 progress of biomedical science, especially puter Standardization initiative. This Whereas the American Red Cross is a non- transfusion safety and new blood products, program has integrated 28 different profit humanitarian organization of 32,000 and shares its expertise with a number of computer systems into one national paid staff, 1,300,000 volunteers, and 4,300,000 countries around the world; system, linking Red Cross Blood Re- blood donors which considers its role in the Whereas the American Red Cross manages gions across the nation to the world’s provision of blood services to be a public an almost $30,000,000 investment in research largest information database for trans- trust; and development, which includes $8,000,000 in fusion medical research. Whereas the American Red Cross Blood Federal research grants, and is committed to In addition, Transformation has led Services began by collecting and distributing working with others in the biotechnology blood to help save the lives of soldiers on the field to ensure that this pioneering research to standardized manufacturing proc- battlefields of World War II, and has evolved esses throughout the Red Cross system, is translated into lifesaving products avail- to become a leader in the healthcare indus- able for patient use as quickly as possible; thereby promoting a consistent stand- try; Whereas the American Red Cross is inves- ard of high quality blood services. A Whereas following World War II the Amer- tigating and implementing the newest tech- centrally managed blood inventory sys- ican Red Cross created the first national ci- nologies to ensure blood safety, including tem operated by the Red Cross was de- vilian blood program, opening its first blood Genome Amplification Technology to test signed to facilitate consistent avail- center in 1948; for the human immunodeficiency virus (HIV) ability of blood in every region of the Whereas through the generosity of over and for hepatitis C virus (HCV), solvent de- 4,300,000 voluntary blood donors the Amer- tergent treated fresh frozen plasma, virus in- country. Transformation has also cre- ican Red Cross is able to provide half the Na- activated plasma for transfusion, use of io- ated the Quality Assurance Program tion’s blood supply, and everyday, in commu- dine in plasma filtration, and inactivation of and a new Charles Drew Biomedical In- nities throughout this country, many thou- viruses in cellular products (such as red stitute which provides training and sands of people receive lifesaving blood in blood cells) through a light-activated dye other education to personnel, using the 3,000 hospitals served by the 38 American called 491; state of the art technology which does Red Cross Blood Regions; Whereas in May 1991, the American Red Whereas the American Red Cross is in the not require staff and volunteers to constant process of modernization and im- travel for training. Instructors can now Cross announced its ambitious ‘‘Trans- formation’’ program, a 7-year, $287,000,000 provement and at the forefront of new prod- train personnel in a wide range of fields comprehensive modernization of every as- uct development, and is prepared to enter across the country. pect of the American Red Cross Blood Serv- the 21st century as a cutting-edge organiza- Through the American Red Cross Je- ices blood collection, testing, processing, and tion providing safe, high quality blood and rome H. Holland Laboratory, a pre- distribution systems; blood products to the hundreds of thousands miere blood research facility, signifi- Whereas one of the most massive under- of patients in need; cant progress has been made in improv- takings of Transformation was the Manufac- Whereas Congress and the American Red ing transfusion safety, and fostering turing and Computer Standardization Cross join in celebrating the phenomenal the development of new blood products. (MACS) initiative which integrated 28 dif- success in the reduction of HIV infection through the use of blood and blood products Red Cross has shared the knowledge ferent computer systems into a single, na- tional system linking American Red Cross as evidenced by the fact that in 1991 an and expertise gained through studies Blood Regions nationwide to the world’s American’s risk of HIV transmission through conducted by Holland Laboratory sci- largest blood information database for trans- a blood transfusion was 1 in 220,000 and today entists and physicians with the trans- fusion medicine research, and standardized the risk is 1 in 676,000, nearly nonexistent; fusion services of countries throughout manufacturing processes; and S12270 CONGRESSIONAL RECORD — SENATE October 9, 1998 Whereas Congress and the American Red Senate, I ask unanimous consent that, leaves the floor how much I value his Cross encourage healthy Americans to do- following the remarks of Senator friendship, how much I look forward to nate blood by calling the American Red ABRAHAM from Michigan, the Senate working with him in the future on Cross: Now, therefore, be it Resolved by the Senate (the House of Rep- stand in recess under the previous other causes, and how much I hope resentatives concurring), That Congress— order. that, at whatever point I bring my ca- (1) joins with the American Red Cross in The PRESIDING OFFICER. Without reer in the Senate to an end, I will be celebration of the 50th anniversary of Amer- objection, it is so ordered. thought of even half as fondly and with ican Red Cross Blood Services and the im- Mr. ABRAHAM. Mr. President, I ask half as much respect as he has, because pact of their efforts on modern medicine; and to be recognized to speak as if in morn- I think all of us who serve here hold (2) looks forward to the tremendous possi- ing business. him in the very highest of esteem. bilities and potential for discovery and inno- The PRESIDING OFFICER. Without Mr. COATS. I thank the Senator. vation as the American Red Cross Blood objection, it is so ordered. Services enters the next 50 years of providing f the Nation with a safe blood supply. f f TRIBUTE TO SENATOR DAN COATS RECESS UNTIL TOMORROW ORDERS FOR SATURDAY, OCTOBER Mr. ABRAHAM. Before he leaves the 10, 1998 floor, I would like to pay tribute, as The PRESIDING OFFICER. Under several of our colleagues have, to our Mr. COATS. Mr. President, I ask the previous order, the Senate now distinguished friend, the Senator from unanimous consent that when the Sen- stands in recess until noon tomorrow, ate completes its business today it the State of Indiana, Dan COATS. Saturday, October 10, 1998. Obviously, his career in the Senate is stand in recess until 12 noon on Satur- Thereupon, the Senate, at 7:50 p.m, coming nearly to the end here, but day, October 10. I further ask that the recessed until Saturday, October 10, those of us who have had the chance to time for the two leaders be reserved. 1998, at 12 noon. The PRESIDING OFFICER. Without serve with him and who are friends of objection, it is so ordered. his will miss him greatly in this body. f Mr. COATS. Mr. President, I further When I came to the Senate 4 years ago, I thought about the kinds of peo- ask unanimous consent that there be a NOMINATIONS period for the transaction of morning ple whose advice and counsel I wanted Executive nominations received by business until 12:30 p.m. with Senators to have. And the first name on the list the Senate October 9, 1998: permitted to speak for up to 5 minutes as I was planning my first trip to the each. Senate after the election was DAN DEPARTMENT OF STATE The PRESIDING OFFICER. Without COATS. From that point on, he has been Jack J. Spitzer, of Washington, to be an objection, it is so ordered. a friend, a mentor, somebody whose Alternate Representative of the United States of America to the Fifty-second Ses- f judgment and advice I have respected as highly as anyone’s in this Chamber. sion of the General Assembly of the United SCHEDULE He has served his State with great Nations. distinction, but those of us who live in Frank J. Guarini, of New Jersey, to be a Mr. COATS. Mr. President, for the in- Representative of the United States of Amer- formation of all Senators, on Saturday Michigan have a special fondness for ica to the Fifty-second Session of the Gen- there will be a period of morning busi- him because, of course, he is a native of eral Assembly of the United Nations. our State. He grew up in Jackson, MI, ness until 12:30 p.m. Following morning CENTRAL INTELLIGENCE so although he represents Indiana in business, the Senate will await an up- James M. Simon, Jr., of Alabama, to be As- date in relation to the omnibus appro- the Senate, to many Michiganites and sistant Director of Central Intelligence for priations bill, and may consider any many of my constituents when I am in Administration. (New Position) the southern portion of my State, they legislative or executive items cleared CORPORATION FOR NATIONAL AND COMMUNITY for action. look at DAN COATS as their third Sen- SERVICE f ator. Arthur J. Naparstek, of Ohio, to be a Mem- So he has not only been a great ORDER FOR RECESS ber of the Board of Directors of the Corpora- friend to Michigan as a native but also tion for National and Community Service for Mr. COATS. Mr. President, if there is as a Senator who has worked closely a term expiring October 6, 2003. (Reappoint- no further business to come before the with us. I wish to say to him before he ment)