S6728 CONGRESSIONAL RECORD — SENATE June 27, 1997 liability settlement; to the Committee on value of our investment decline, but (b) HIGHWAY TIMBER BRIDGE RESEARCH AND Finance. lives are lost and our economic pros- CONSTRUCTION PROGRAM.— By Mr. LOTT (for himself, Mr. LIEBER- perity is jeopardized. (1) TRANSFER TO TITLE 23.—Section 1039 of MAN, Mr. MURKOWSKI, Mr. HELMS, Mr. I am pleased to work with my dear the Intermodal Surface Transportation Effi- ciency Act of 1991 (23 U.S.C. 144 note; 105 COVERDELL, Mr. MCCONNELL, Mr. friend and House colleague, Congress- ROBB, Mr. THURMOND, Mr. MCCAIN, Stat. 1990) is— Mr. NICKLES, Mr. ROTH, Mrs. FEIN- woman EMERSON to introduce this bill (A) transferred to title 23, United States STEIN, and Mr. CRAIG): in both Houses—the Safe Bridges Act Code; S. Res. 105. Resolution expressing the sense of 1997. (B) redesignated as section 144A of that of the Senate that the people of the United The Safe Bridges Act of 1997 is our title; and States wish the people of Hong Kong good marker to stress to our colleagues from (C) inserted after section 144 of that title. fortune as they embark on their historic around the country that bridges are an (2) CONFORMING AMENDMENTS.— transition of sovereignty from Great Britain important and necessary component to (A) Section 144A of title 23, United States to the People’s Republic of China; considered this country’s transportation system. Code (as added by paragraph (1)), is amend- and agreed to. Properly maintained and constructed ed— By Mr. MOYNIHAN (for himself and (i) by striking the section heading and in- Mr. D’AMATO): bridges help save lives and provide for serting the following: S. Con. Res. 35. Concurrent resolution urg- the efficient movement of people and ‘‘§ 144A. Highway timber bridge research and ing the United States Postal Service to issue goods in this country. construction program’’; If we want to secure our foundation— a commemorative postage stamp to cele- (ii) in subsection (e)— brate the 150th anniversary of the First we must renew our investment. (I) by striking ‘‘of title 23, United States Women’s Rights Convention held in Seneca Mr. President, I ask unanimous con- Code, for each of fiscal years 1992, 1993, 1994, Falls, NY; to the Committee on Govern- sent that the text of the bill be printed 1995, 1996, and 1997’’ and inserting ‘‘for each mental Affairs. in the RECORD. of fiscal years 1998 through 2003’’; and f There being no objection, the bill was (II) in paragraph (2), by striking STATEMENTS ON INTRODUCED ordered to be printed in the RECORD, as ‘‘($7,000,000 in the case of fiscal year 1992)’’; and BILLS AND JOINT RESOLUTIONS follows: S. 975 (iii) by striking subsection (f). By Mr. BOND: (B) The analysis for chapter 1 of title 23, Be it enacted by the Senate and House of Rep- S. 975. A bill to amend title 23, United States Code, is amended by inserting resentatives of the United States of America in after the item relating to section 144 the fol- United States Code, to extend the Congress assembled, lowing: bridge discretionary program, and for SECTION 1. SHORT TITLE. ‘‘144A. Highway timber bridge research and This Act may be cited as the ‘‘Safe Bridges other purposes; to the Committee on construction program.’’. Act of 1997’’. Environment and Public Works. SEC. 4. INNOVATIVE HIGHWAY STEEL BRIDGE RE- SEC. 2. FINDINGS. THE SAFE BRIDGES ACT OF 1997 SEARCH AND CONSTRUCTION PRO- Congress finds that— Mr. BOND. Mr. President, this bill I GRAM. (1) bridges are important and necessary (a) IN GENERAL.—Chapter 1 of title 23, am introducing today is a bridge dis- components of the surface transportation United States Code, is amended by inserting cretionary bill. We cannot forget in our system of the United States; after section 144A (as added by section reauthorization of the Nation’s trans- (2) bridges are an important factor in the 3(b)(1)) the following: portation policy the importance of efficient movement of people and goods; ‘‘§ 144B. Innovative highway steel bridge re- maintaining our bridges. (3) properly maintained and constructed search and construction program bridges help save lives; Missouri has approximately 23,000 ‘‘(a) RESEARCH GRANTS.—The Secretary bridges in total. (4) more than 25 percent of the bridges on shall make grants to other Federal agencies, the Interstate System are classified as defi- Unfortunately, the State of Missouri, universities, private businesses, nonprofit or- cient or in poor condition; and ganizations, and research or engineering en- according to Department of Transpor- (5) an investment of more than tation statistics ranks sixth from the tities to carry out research concerning— $5,000,000,000 annually is needed to maintain ‘‘(1) the development of new, cost-effective bottom on conditions of bridges in this the bridges that are in existence as of the highway steel bridge applications; country. This is a deplorable place for date of enactment of this Act. ‘‘(2) the development of engineering design the State of Missouri to be. SEC. 3. BRIDGE DISCRETIONARY PROGRAM. criteria for steel products and materials for We must start taking better care of (a) EXTENSION OF PROGRAM.—Section 144(g) use in highway bridges and structures to im- our roads and bridges and begin build- of title 23, United States Code, is amended by prove steel design properties; ing roads for the 21st century—with striking paragraph (1) and inserting the fol- ‘‘(3) the development of highway steel lowing: bridges and structures that will withstand new technologies, new materials, and ‘‘(1) DISCRETIONARY BRIDGE PROGRAM.— better designs. natural disasters; ‘‘(A) SET ASIDE.—For each fiscal year, be- ‘‘(4) the development of products, mate- According to the American Associa- fore any apportionment is made under sub- rials, and systems for use in highway steel tion of State Highway and Transpor- section (e), the Secretary shall set aside bridges that demonstrate new alternatives to tation Officials America must address $500,000,000 from the funds authorized to current processes and procedures with re- the deficiencies of over 11,000 bridges carry out this section. spect to performance in various environ- per year just to maintain current lev- ‘‘(B) USE OF SET ASIDE.—The amount set ments; and els of condition. aside under subparagraph (A) shall be avail- ‘‘(5) rehabilitation measures that dem- able for obligation in the same manner and onstrate effective, safe, and reliable methods According to the Department of to the same extent as the sums apportioned Transportation, the cost to improve for the use of steel in rehabilitating highway under subsection (e), except that— bridges and structures. bridge conditions would require an an- ‘‘(i) the amount shall be available for obli- ‘‘(b) TECHNOLOGY AND INFORMATION TRANS- nual investment of $8.9 billion. gation at the discretion of the Secretary; FER.—The Secretary shall take such action Let us not lose the hard-won gains in ‘‘(ii) for each fiscal year, $8,500,000 of the as is necessary to ensure that the informa- our transportation infrastructure. amount shall be available to carry out sec- tion and technology resulting from research Let’s not squander our investment. tion 144A; conducted under subsection (a) is made Postponing taking care of our bridge ‘‘(iii) for each fiscal year, $12,500,000 of the available to State and local transportation amount shall be available to carry out sec- needs only means that our investment departments and other interests as specified tion 144B; by the Secretary. declines and to make repairs later will ‘‘(iv) for each fiscal year, $15,000,000 of the ‘‘(c) CONSTRUCTION GRANTS.— cost more. The cliche does say ‘‘Pay amount shall be available to carry out sec- ‘‘(1) AUTHORITY.—The Secretary shall now or pay More later.’’ tion 144C; and make grants to States for projects for the Taking care of our transportation in- ‘‘(v) the remainder of the amount shall be construction of steel bridges and structures frastructure can be compared to taking available in accordance with paragraph (2). on Federal-aid highways. care of your home. If you fail to fix the ‘‘(C) OTHER STATE FUNDS.—Funds made ‘‘(2) APPLICATIONS.— leaky roof, fail to re-paint, fail to ade- available to a State under subparagraph (B) ‘‘(A) SUBMISSION.—A State that desires to shall not be considered in determining the receive a grant under this subsection shall quately insulate, your costs increase apportionments and allocations that the submit an application to the Secretary. and the value of your home declines. State shall be entitled to receive, under the ‘‘(B) CONTENTS.—The application shall be If we fail to maintain and reinvest in other provisions of this title and other law, in such form and contain such information our Nation’s bridges not only does the of amounts in the Highway Trust Fund.’’. as the Secretary may require by regulation.

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6729 ‘‘(3) APPROVAL CRITERIA.—The Secretary construction or seismic retrofit of bridges on watersheds provide high-quality water shall select and approve applications for the National Highway System. supplies for drinking, agriculture, in- grants under this subsection based on wheth- ‘‘(2) APPLICATIONS.— dustry, as well as habitat for rec- er the project that is the subject of the ‘‘(A) SUBMISSION.—A State that desires to reational and commercial fisheries and grant— receive a grant under this subsection shall ‘‘(A) has a design that has both initial and submit an application to the Secretary. other wildlife. The large-scale destruc- long-term structural integrity; ‘‘(B) CONTENTS.—The application shall be tion of natural forests threatens other ‘‘(B) has an innovative design, product, in such form and contain such information industries such as tourism and fishing material, or system that has the potential as the Secretary may require by regulation. with job loss. As a legacy for the enjoy- for increasing knowledge, cost effectiveness, ‘‘(3) APPROVAL CRITERIA.—The Secretary ment, knowledge, and well-being of fu- durability, and future use of the innovation; shall select and approve applications for ture generations, provisions must be and grants under this subsection based on wheth- made for the protection and perpetua- ‘‘(C) uses practices and construction tech- er the project that is the subject of the tion of America’s forests. We must also grant— niques that comply with all environmental set an example to poorer developing regulations. ‘‘(A) has a design that has both initial and ‘‘(d) FEDERAL SHARE.—The Federal share of long-term structural and environmental in- countries to preserve their vast forests the cost of a research or construction project tegrity; so they do not make the same mistakes under this section shall be 80 percent. ‘‘(B) has a design that uses carbon com- we did. We cannot call upon these ‘‘(e) FUNDING.— posite materials; countries to preserve large portions of ‘‘(1) IN GENERAL.—From the funds reserved ‘‘(C) has an innovative design that has the their rain forests when we do not pre- from apportionment under section 144(g)(1) potential for increasing knowledge, cost ef- serve the last fraction of our own an- for each of fiscal years 1998 through 2003— fectiveness, and future use of the design; ‘‘(D) will ensure the structural integrity of cient forests. ‘‘(A) $2,500,000 shall be available to the Sec- Clear cutting, even aged logging retary to carry out subsections (a) and (b); a major river crossing in the New Madrid re- and gion during a seismic event; practices, and timber road construc- ‘‘(B) $10,000,000 shall be available to the ‘‘(E) will extend the service life of a struc- tion have been the preferred manage- Secretary to carry out subsection (c). turally deficient bridge by at least 15 years; ment practices used on our Federal for- ‘‘(2) AVAILABILITY.—Sums made available and ests in recent years. These practices under paragraph (1) shall remain available ‘‘(F) uses bridge retrofit technology and have caused widespread forest eco- until expended.’’. material that are produced in the United system fragmentation and degradation. (b) CONFORMING AMENDMENT.—The analysis States. The result is species extinction, soil ‘‘(d) FEDERAL SHARE.—The Federal share of for chapter 1 of title 23, United States Code, erosion, flooding, declining water qual- is amended by inserting after the item relat- the cost of a research or construction project ing to section 144A (as added by section under this section shall be 80 percent. ity, diminishing commercial and sport 3(b)(2)(B)) the following: ‘‘(e) FUNDING.— fisheries—that is, salmon—and ‘‘(1) IN GENERAL.—From the funds reserved mudslides. Mudslides in Western forest ‘‘144B. Innovative highway steel bridge re- from apportionment under section 144(g)(1) search and construction pro- regions during recent winter flooding for each of fiscal years 1998 through 2003— have caused millions of dollars of envi- gram.’’. ‘‘(A) $1,000,000 shall be available to the Sec- SEC. 5. CARBON COMPOSITE BRIDGE RETROFIT retary to carry out subsections (a) and (b); ronmental and property damage, and RESEARCH AND DEMONSTRATION and resulted in several deaths. An environ- PROGRAM. ‘‘(B) $14,000,000 shall be available to the mentally sustainable alternative to (a) IN GENERAL.—Chapter 1 of title 23, Secretary to carry out subsection (c). these practices is selection manage- United States Code, is amended by inserting ‘‘(2) AVAILABILITY.—Sums made available after section 144B (as added by section 4(a)) ment: the selection system involves under paragraph (1) shall remain available the following: the removal of trees of different ages until expended.’’. either singly or in small groups in ‘‘§ 144C. Carbon composite bridge retrofit re- (b) CONFORMING AMENDMENT.—The analysis search and demonstration program for chapter 1 of title 23, United States Code, order to preserve the biodiversity of ‘‘(a) RESEARCH GRANTS.—The Secretary is amended by inserting after the item relat- the forest. shall make grants to other Federal agencies ing to section 144B (as added by section 4(b)) Destructive forestry practices such and to universities, private businesses, non- the following: as clearcutting on Federal lands was profit organizations, and research or engi- ‘‘144C. Carbon composite bridge retrofit re- legalized by the passage of the Na- neering entities, in the United States, to search and demonstration pro- tional Forest Management Act of 1976. carry out research concerning— gram.’’. From 1984 to 1991, an average of 243,000 ‘‘(1) the development of new, economical acres were clearcut annually on Fed- carbon composite highway bridge retrofit By Mr. TORRICELLI (for himself eral lands. During the same time pe- systems; and Mr. KERRY): riod an average of only 33,000 acres ‘‘(2) the development of engineering design S. 977. A bill to amend the Forest and were harvested using the protective se- criteria for carbon composite products for Rangeland Renewable Resources Plan- use in highway bridges in order to improve ning Act of 1974 and related laws to lection management practices. Inter- methods for characterizing carbon composite strengthen the protection of native pretations of forestry laws have also design properties; biodiversity and ban clearcutting on been used by Federal managers to in- ‘‘(3) deployment systems for the incorpora- clude the promotion of even age log- tion of carbon composites that demonstrate Federal lands, and to designate certain Federal lands as Ancient Forests, ging and road construction. In addi- alternative processes for the seismic retrofit tion, the laws are not effective in pre- of bridges and the rehabilitation of struc- Roadless Areas, Watershed Protection turally deficient bridge structures; Areas, Special Areas, and Federal serving our forests because in many ‘‘(4) alternative carbon composite trans- Boundary Areas where logging and cases judges do not allow citizens portation system structures that dem- other intrusive activities are prohib- standing in court to ensure that the onstrate the development of applications for ited; to the Committee on Energy and Forest Service or other agencies follow lighting support, sound barriers, culverts, Natural Resources. the environmental protections of the and retaining walls in highway infrastruc- THE SAVE AMERICA’S FORESTS ACT law. ture; and I am introducing this legislation to ‘‘(5) additional rehabilitation measures Mr. TORRICELLI. Mr. President, today, Senator KERRY and I are intro- halt and reverse the effects of deforest- that demonstrate effective, safe, and reliable ation on Federal lands by ending the methods for rehabilitating highway infra- ducing the Save America’s Forests Act. structure with carbon composites. I rise to draw this country’s attention practice of clearcutting, while pro- ‘‘(b) TECHNOLOGY AND INFORMATION TRANS- to the management practices that moting environmentally compatible FER.—The Secretary shall take such action threaten the health of our Nation’s for- and economically sustainable selection as is necessary to ensure that the informa- est lands. When this country was management logging. It is important tion and technology resulting from research founded over 200 years ago, it is esti- to note this legislation would only conducted under subsection (a) is made mated that there was 1 billion acres of apply to Federal forests which con- available to State and local transportation stitute 20 percent of the country’s har- departments and other interests as specified forest land across this Nation. Today, by the Secretary. 95 percent of those original virgin for- vestable timber supply, the vast major- ‘‘(c) CONSTRUCTION GRANTS.— ests have been cut down. ity of the 490 million acres of harvest- ‘‘(1) AUTHORITY.—The Secretary shall Forests are unique and valuable pub- able timber are privately owned and make grants to States for projects for the re- lic assets. Large, unfragmented forest unaffected by the bill. This legislation

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6730 CONGRESSIONAL RECORD — SENATE June 27, 1997 puts forward positive alternatives that SEC. 2. PURPOSES AND FINDINGS. shelter, and other important products, and will achieve two principle policies for (a) PURPOSES.—The purposes of this Act as a source of intellectual and scientific our Federal forests. First, the act are, on all Federal public lands, to conserve knowledge, recreation, and aesthetic pleas- native biodiversity and to protect all native would ban logging and road building in ure. ecosystems against losses that result from— (11) Alteration of native biodiversity has remaining core areas of biodiversity (1) clearcutting and other forms of even- serious consequences for human welfare as throughout the Federal forest system age logging; and America irretrievably loses resources for re- including roadless areas, specially des- (2) logging in Ancient Forests, Roadless search and agricultural, medicinal, and in- ignated areas and 13 million acres of Areas, Watershed Protection Areas, Special dustrial development. Ancient Forests. Second, in noncore Areas, and Federal Boundary Areas. (12) Alteration of biodiversity in Federal areas it would abolish environmentally (b) FINDINGS.—Congress finds the fol- forests adversely affects the functions of eco- lowing: systems and critical ecosystem processes dangerous forms of logging such as (1) Federal agencies of the United States clearcutting and even aged logging. that moderate climate, govern nutrient cy- that engage in even-age logging practices in- cles and soil conservation and production, The act requires selection manage- clude the Forest Service of the Department control pests and diseases, and degrade ment logging practices to be used of Agriculture, the United States Fish and wastes and pollutants. whereby timber companies would only Wildlife Service, Bureau of Land Manage- (13) The harm of even-age logging to the be allowed to log a certain percentage ment, and Bureau of Indian Affairs of the De- natural resources of this Nation and the of the forests over specified periods of partment of the Interior, and the Army, quality of life of its people are substantial, time. Further it takes extra steps to Navy, and Air Force of the Department of severe, and avoidable. Defense. (14) By substituting selection management, protect watersheds and fisheries by (2) Even-age logging causes substantial al- prohibiting logging in buffer areas as prescribed in this Act, for the even-age terations in native biodiversity by empha- system, the Federal agencies now engaged in along streams, lakes, and wetlands. sizing the production of a limited number of even-age logging would substantially reduce The act would also call for an inde- commercial species of trees on each site, devastation to the environment and would pendent panel of scientists to develop a generally only one; by manipulating the improve the quality of life of the American plan to restore and rejuvenate those vegetation toward greater relative density of people. forests and their ecosystems that are such commercial species, by suppressing (15) By protecting native biodiversity, as damaged from decades of these logging competing species, and by planting, on nu- prescribed in this Act, Federal agencies merous sites, a commercial strain that was would maintain vital native ecosystems and practices. And finally, the legislation developed to reduce the relative diversity of would empower citizen involvement in would improve the quality of life of the genetic strains that previously occurred American people. insuring compliance with environ- within the species on the same sites. (16) Selection logging is more job inten- mental protections of forest manage- (3) Even-age logging kills immobile species sive, and therefore provides more employ- ment laws by making certain that all and the very young of mobile species of wild- ment than even-age logging to manage the citizens have standing to pursue ac- life and depletes the habitat of deep-forest same amount of timber production, and pro- tions in court. species of animals, including endangered spe- duces higher quality sawlogs. Mr. President, I ask unanimous con- cies. (17) The court remedies now available to (4) Even-age logging exposes the soil to di- sent that the text of the bill be printed enforce Federal forest laws are inadequate, rect sunlight and the impact of rains, dis- and should be strengthened by providing for in the RECORD. rupts the surface, and compacts organic lay- There being no objection, the bill was injunctions, declaratory judgments, statu- ers. It disrupts the run-off restraining capa- tory damages, and reasonable costs of suit. ordered to be printed in the RECORD, as bilities of roots and low-lying vegetation, SEC. 3. EFFECTIVE DATE. follows: which results in soil erosion, the leaching our of nutrients, a reduction in the biologi- (1) IN GENERAL.—This Act and the amend- S. 977 ments made by this Act shall take effect on Be it enacted by the Senate and House of Rep- cal content of the soil, and the impoverish- ment of the soil. All these consequences have the date of the enactment of this Act. resentatives of the United States of America in (b) EFFECT ON EXISTING CONTRACTS.—The Congress assembled, a long-range deleterious effect on all land re- sources, including timber production. amendments made by this Act shall not SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (5) Even-age logging decreases the capa- apply with respect to any contract to sell (a) SHORT TITLE.—This Act may be cited as bility of the soil to retain carbon and, during timber which was awarded on or before the the ‘‘Act to Save America’s Forests’’. the critical periods of felling and site prepa- date of the enactment of this Act. (b) TABLE OF CONTENTS.—The table of con- ration, reduces the capacity of the biomass TITLE I—AMENDMENTS TO EXISTING tents of this Act is as follows: to process and to store carbon, with a result- LAND MANAGEMENT LAWS Sec. 1. Short title; table of contents. ant of loss of such carbon to the atmosphere, SEC. 101. AMENDMENT OF FOREST AND RANGE- Sec. 2. Purposes and findings. thereby aggravating global warming. Sec. 3. Effective date. LAND RENEWABLE RESOURCES (6) Even-age logging renders the soil in- PLANNING ACT OF 1974 RELATING TITLE I—AMENDMENTS TO EXISTING creasingly sensitive to acid deposits by caus- TO NATIONAL FOREST SYSTEM LAND MANAGEMENT LAWS ing a decline of soil wood and coarse woody LANDS. Sec. 101. Amendment of Forest and Range- debris, thereby reducing the capacity of the (a) CONSERVATION OF NATIVE BIODIVER- land Renewable Resources soil to retain water and nutrients, which in- SITY.—Section 6(g)(3)(B) of the Forest and Planning Act of 1974 relating to creases soil heat and impairs the soil’s abil- Rangeland Renewable Resources Planning National Forest System lands. ity to maintain protective carbon com- Act of 1974 (16 U.S.C. 1604(g)(3)(B)) is amend- Sec. 102. Amendment of Federal Land Policy pounds on its surface. ed to read as follows: and Management Act of 1976 re- (7) Even-age logging results in increased ‘‘(B) In each stand and each watershed lating to the public lands. stream sedimentation, the silting of stream throughout each forested area, the Secretary Sec. 103. Amendment of National Wildlife bottoms, a decline in water quality, and the shall provide for the conservation or restora- Refuge System Administration impairment of life cycles and spawning proc- tion of native biodiversity except during the Act of 1966 relating to the Na- esses of aquatic life from benthic organisms extraction stage of authorized mineral devel- tional Wildlife Refuge System. to large fish, thereby depleting the sports opment or during authorized construction Sec. 104. Amendment of National Indian For- and commercial fisheries of the United projects, in which events the Secretary shall est Resources Management Act States. conserve native biodiversity to the extent relating to Indian lands. (8) Even-age logging increases harmful possible;’’. Sec. 105. Amendment of title 10, United edge effects, including blowdowns, invasions (b) COMMITTEE OF SCIENTISTS.—Section States Code, relating to forest by weed species, and heavier losses to preda- 6(h)(1) of the Forest and Rangeland Renew- management on military lands. tors and competitors. able Resources Planning Act of 1974 (16 TITLE II—PROTECTION FOR ANCIENT (9) Even-age logging decreases the land’s U.S.C. 1604(h)(1)) is amended to read as fol- FORESTS, ROADLESS AREAS, WATER- recreational values, reducing deep, canopied, lows: SHED PROTECTION AREAS, SPECIAL variegated, permanent forests, thereby lim- ‘‘(h) COMMITTEE OF SCIENTISTS.—(1) In car- AREAS, AND FEDERAL BOUNDARY iting areas where the public can fulfill an ex- rying out the purposes of subsection (g) of AREAS pending need for recreation. Even-age log- this section, the Secretary shall appoint a Sec. 201. Definitions and findings. ging replaces such forests with a surplus of committee of scientists who are not officers Sec. 202. Designation of Special Areas. clearings that grow into relatively impen- or employees of the Forest Service nor of Sec. 203. Restrictions on management activi- etrable thickets of saplings, and then into any other public entity, nor of any entity en- ties in Ancient Forests, monoculture tree plantations. gaged in whole or in part in the production Roadless Areas, Watershed Pro- (10) Human beings depend on native bio- of wood or wood products, and have not con- tection Areas, Special Areas, logical resources, including plants, animals, tracted with or represented any such entities and Federal Boundary Areas. and micro-organisms, for food, medicine, within a period of 5 years prior to serving on

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6731 such committee. The committee shall pro- are selected and logged in a generally uni- pose a damage award of not less than $5,000, vide scientific and technical advice and form pattern throughout a stand, and shall issue one or more injunctions and other counsel on proposed guidelines and proce- ‘‘(b) Group selection, in which small groups equitable relief, and shall award to the plain- dures and all other issues involving forestry of trees are selected and logged. tiffs reasonable costs of litigation including and native biodiversity to assure that an ef- ‘‘(iii) The application of individual-tree se- attorney’s fees, witness fees and other nec- fective interdisciplinary approach is pro- lection, group selection, or any other method essary expenses. posed and adopted. The committee shall ter- consistent with selection management shall ‘‘(iii) The standard of proof in all actions minate after the expiration of 10 years from under no event: brought under this subparagraph shall be the the date of the enactment of this para- ‘‘(a) create a clearing or opening that ex- preponderance of the evidence and the trial graph.’’. ceeds in width in any direction the height of shall be de novo. (c) RESTRICTION ON USE OF CERTAIN LOG- the tallest tree standing within 10 feet out- ‘‘(D) The damage award authorized by sub- GING PRACTICES.—Section 6 of the Forest and side the edge of the clearing or opening, or paragraph (C)(ii) shall be paid by the viola- Rangeland Renewable Resources Planning ‘‘(b) create a stand where the majority of tor or violators designated by the court to Act of 1974 (16 U.S.C. 1604) is amended by add- trees are within 10 years of the same age, or the U.S. Treasury. ing at the end the following: ‘‘(c) cut or remove more than 10 percent of ‘‘(E) The damage award shall be paid from ‘‘(n) RESTRICTION ON USE OF CERTAIN LOG- the basal area of a stand within 15 years. The the U.S. Treasury, as provided by Congress GING PRACTICES.—(1) In each stand and wa- foregoing limitation shall not be deemed to under section 1304 of title 31, United States tershed throughout each forested area, the establish a 150-year projected felling age as Code, within 40 days after judgment to the Secretary shall prohibit any even-age log- the standard at which individual trees in a person or persons designated to receive it, to ging and any even-age management after the stand are to be cut, nor shall native biodiver- be applied in protecting or restoring native date of the enactment of this subsection. sity be limited to that which occurs within biodiversity in or adjoining Federal land. ‘‘(2) On each stand already under even-age the context of a 150-year projected felling Any award of costs of litigation and any management, the Secretary shall (A) pre- age. award of attorney fees shall be paid within 40 scribe a shift to selection management, or ‘‘(H) The term ‘stand’ means a biological days after judgment. ‘‘(F) The United States, including its (B) cease managing for timber purposes and community with enough identity by loca- agents and employees waives its sovereign actively restore the native biodiversity, or tion, topography, or dominant species to be immunity in all respects in all actions under permit each stand to regain its native bio- managed as a unit, not to exceed 100 acres. ‘‘(I) EVEN-AGE LOGGING AND EVEN-AGE MAN- subsection (g)(3)(B) and this subsection. No diversity. notice is required to enforce this sub- ‘‘(3) For the purposes of this Act: AGEMENT.—(i) The terms ‘even-age logging’ ‘‘(A) The term ‘native biodiversity’ means and ‘even-age management’ mean any log- section.’’. (d) REPEAL.—Section 6(g)(3)(F) of the For- the full range of variety and variability ging activity which: ‘‘(a) creates a clearing or opening that ex- est and Rangeland Renewable Resource Plan- within and among living organisms and the ceeds in width in any direction the height of ning Act of 1974 (16 U.S.C. 1604(g)(3)(F)) is ecological complexes in which they would the tallest tree standing within 10 feet out- hereby repealed. have occurred in the absence of significant side the edge of the clearing or opening, or SEC. 102. AMENDMENT OF FEDERAL LAND POL- human impact, and encompasses diversity ‘‘(b) creates a stand where the majority of ICY AND MANAGEMENT ACT OF 1976 within a species (genetic diversity, species trees are within 10 years of the same age, or RELATING TO THE PUBLIC LANDS. diversity, or age diversity), within a commu- ‘‘(c) cuts or removes more than 10 percent (a) CONSERVATION OF NATIVE BIODIVER- nity of species (within-community diver- of the basal area of a stand within 15 years. SITY.—Section 202(c) of the Federal Land sity), between communities of species (be- ‘‘(ii) Even-age logging and even-age man- Policy and Management Act of 1976 (43 tween-communities), within a total area agement include the application of U.S.C. 1712(c)) is amended— such as a watershed (total area), along a clearcutting, seed-tree cutting, shelterwood (1) by redesignating paragraphs (8) and (9) plane from ground to sky (vertical), and cutting, or any other logging method in a as paragraphs (9) and (10), respectively; and along the plane of the earth-surface (hori- manner inconsistent with selection manage- (2) by inserting after paragraph (7) the fol- zontal). Vertical and horizontal diversity ment. lowing new paragraph (8): apply to all the other aspects of diversity. ‘‘(J) The term ‘clearcutting’ means an ‘‘(8) In each stand and each watershed ‘‘(B) The terms ‘conserve’ and ‘conserva- even-age logging operation that removes all throughout each forested area, the Secretary tion’ refer to protective measures for main- of the trees over a considerable area of a shall provide for the conservation or restora- taining existing native biodiversity and ac- stand at one time. tion of native biodiversity except during the tive and passive measures for restoring di- ‘‘(K) The term ‘seed-tree’ means an even- extraction stage of authorized mineral devel- versity through management efforts, in age logging operation that leaves a small mi- opment or during authorized construction order to protect, restore, and enhance as nority of seed trees in a stand for any period projects, in which events the Secretary shall much of the variety of species and commu- of time. conserve native biodiversity to the extent nities as possible in abundances and distribu- ‘‘(L) The term ‘shelterwood cut’ means an possible;’’. tions that provide for their continued exist- even-age logging operation that leaves a mi- (b) RESTRICTION ON USE OF CERTAIN LOG- ence and normal functioning, including the nority (larger than in a seed-tree cut) of the GING PRACTICES.—Section 202 of the Federal viability of populations throughout their stand as a seed source or protection cover re- Land Policy and Management Act of 1976 (43 natural geographic distributions. maining standing for any period of time. U.S.C. 1712) is amended by adding at the end ‘‘(C) The term ‘within-community diver- ‘‘(M) The term ‘timber purposes’ shall in- the following: sity’ means the distinctive assemblages of clude the use, sale, lease, or distribution of ‘‘(g) RESTRICTION ON USE OF CERTAIN LOG- species and ecological processes that occur trees, or the felling of trees or portions of GING PRACTICES.—(1) In each stand and wa- in different physical settings of the bio- trees except to create land space for a struc- tershed throughout each forested area, the sphere and distinct parts of the world. ture or other use. Secretary shall prohibit any even-age log- ‘‘(D) The term ‘genetic diversity’ means ‘‘(N) The term ‘basal area’ means the area ging and any even-age management after the the differences in genetic composition within of the cross section of a tree stem, including date of the enactment of this subsection. and among populations of a given species. the bark, at 4.5 feet above the ground. ‘‘(2) On each stand already under even-age ‘‘(E) The term ‘species diversity’ means the ‘‘(4)(A)(i) The purpose of this paragraph is management, the Secretary shall (A) pre- richness and variety of native species in a to foster the widest possible enforcement of scribe a shift to selection management, or particular location of the world. subsection (g)(3)(B) and this subsection. (B) cease managing for timber purposes and ‘‘(F) The term ‘age diversity’ means the ‘‘(ii) Congress finds that all people of the actively restore the native biodiversity, or naturally occurring range and distribution of United States are injured by actions on lands permit each stand to regain its native bio- age classes within a given species. to which subsection (g)(3)(B) and this sub- diversity. ‘‘(G) SELECTION MANAGEMENT.—(i) The term section apply. ‘‘(3) For the purposes of this Act: ‘selection management’ means a method of ‘‘(B) The provisions of subsection (g)(3)(B) ‘‘(A) The term ‘native biodiversity’ means logging that emphasizes the periodic re- and this subsection shall be enforced by the the full range of variety and variability moval of trees, including mature, undesir- Secretary of Agriculture and the Attorney within and among living organisms and the able, and cull trees in a manner that insures: General of the United States against any ecological complexes in which they would ‘‘(a) the maintenance of continuous high person who violates either of them. have occurred in the absence of significant forest cover where such cover naturally oc- ‘‘(C)(i) Any citizen harmed by a violation human impact, and encompasses diversity curs, of this Act may enforce any provision of sub- within a species (genetic diversity, species ‘‘(b) the maintenance or natural regenera- section (g)(3)(B) and this subsection by diversity, or age diversity), within a commu- tion of all native species in a stand, and bringing an action for declaratory judgment, nity of species (within-community diver- ‘‘(c) the growth and development of trees temporary restraining order, injunction, sity), between communities of species (be- through a range of diameter or age classes to statutory damages, and other remedies tween-communities), within a total area provide a sustained yield of forest products. against any alleged violator including the such as a watershed (total area), along a ‘‘(ii) Cutting methods that develop and United States, in any district court of the plane from ground to sky (vertical), and maintain selection stands are: United States. along the plane of the earth-surface (hori- ‘‘(a) Individual-tree selection, in which in- ‘‘(ii) The court, after determining a viola- zontal). Vertical and horizontal diversity dividual trees of varying size and age classes tion of either of such subsections, shall im- apply to all the other aspects of diversity.

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6732 CONGRESSIONAL RECORD — SENATE June 27, 1997 ‘‘(B) The terms ‘conserve’ and ‘conserva- ‘‘(J) The term ‘clearcutting’ means an System, the Secretary shall provide for the tion’ refer to protective measures for main- even-age logging operation that removes all conservation or restoration of native bio- taining existing native biodiversity and ac- of the trees over a considerable area of a diversity, except during the extraction stage tive and passive measures for restoring di- stand at one time. of authorized mineral development or during versity through management efforts, in ‘‘(K) The term ‘seed-tree cut’ means an authorized construction projects, in which order to protect, restore, and enhance as even-age logging operation that leaves a events the Secretary shall conserve native much of the variety of species and commu- small minority of seed trees in a stand for biodiversity to the extent possible. nities as possible in abundances and distribu- any period of time. ‘‘(k) RESTRICTION ON USE OF CERTAIN LOG- tions that provide for their continued exist- ‘‘(L) The term ‘shelterwood cut’ means an GING PRACTICES.—(1) In each stand and wa- ence and normal functioning, including the even-age logging operation that leaves a mi- tershed throughout each forested area, the viability of populations throughout their nority (larger than in a seed-tree cut) of the Secretary shall prohibit any even-age log- natural geographic distributions. stand as a seed source or protection cover re- ging and any even-age management after the ‘‘(C) The term ‘within-community diver- maining standing for any period of time. date of the enactment of this subsection. sity’ means the distinctive assemblages of ‘‘(M) The term ‘timber purposes’ shall in- ‘‘(2) On each stand already under even-age species and ecological processes that occur clude the use, sale, or lease, or distribution management, the Secretary shall (A) pre- in different physical settings of the bio- of trees, or the felling of trees or portions of scribe a shift to selection management, or sphere and distinct parts of the world. trees except to create land space for a struc- (B) cease managing for timber purposes and ‘‘(D) The term ‘genetic diversity’ means ture or other use. actively restore the native biodiversity, or the differences in genetic composition within ‘‘(N) The term ‘basal area’ means the area permit each stand to regain its native bio- and among populations of a given species. of the cross section of a tree stem, including diversity. ‘‘(E) The term ‘species diversity’ means the the bark, at 4.5 feet above the ground. ‘‘(3) For the purposes of this subsection: richness and variety of native species in a ‘‘(4)(A)(i) The purpose of this paragraph is ‘‘(A) The term ‘native biodiversity’ means particular location of the world. to foster the widest possible enforcement of the full range of variety and variability ‘‘(F) The term ‘age diversity’ means the subsection (c)(8) and this subsection. within and among living organisms and the naturally occurring range and distribution of ‘‘(ii) Congress finds that all people of the ecological complexes in which they would age classes within a given species. United States are injured by actions on lands have occurred in the absence of significant ‘‘(G) SELECTION MANAGEMENT.—(i) The term to which subsection (c)(8) and this subsection human impact, and encompasses diversity ‘selection management’ means a method of apply. within a species (genetic diversity, species logging that emphasizes the periodic re- ‘‘(B) The provisions of subsection (c)(8) and diversity, or age diversity), within a commu- moval of trees, including mature, undesir- this subsection shall be enforced by the Sec- nity of species (within-community diver- able, and cull trees in a manner that insures: retary of the Interior and the Attorney Gen- sity), between communities of species (be- ‘‘(a) the maintenance of continuous high eral of the United States against any person tween-communities), within a total area forest cover where such cover naturally oc- who violates either of them. such as a watershed (total area), along a curs, ‘‘(C)(i) Any citizen harmed by a violation plane from ground to sky (vertical), and ‘‘(b) the maintenance or natural regenera- of this Act may enforce any provision of sub- along the plane of the earth-surface (hori- tion of all native species in a stand, and section (c)(8) and this subsection by bringing zontal). Vertical and horizontal diversity ‘‘(c) the growth and development of trees an action for declaratory judgment, tem- apply to all the other aspects of diversity. through a range of diameter or age classes to porary restraining order, injunction, statu- ‘‘(B) The term ‘conserve’ and ‘conserva- provide a sustained yield of forest products. tory damages, and other remedies against tion’ refer to protective measures for main- ‘‘(ii) Cutting methods that develop and any alleged violator including the United taining existing native biodiversity and ac- maintain selection stands are: States, in any district court of the United tive and passive measures for restoring di- ‘‘(a) Individual-tree selection, in which in- States. versity through management efforts, in dividual trees of varying size and age classes ‘‘(ii) The court, after determining a viola- order to protect, restore, and enhance as are selected and logged in a generally uni- tion of either of such subsections, shall im- much of the variety of species and commu- form pattern throughout a stand, and pose a damage award of not less than $5,000, nities as possible in abundances and distribu- ‘‘(b) Group selection, in which small groups shall issue one or more injunctions and other tions that provide for their continued exist- of trees are selected and logged. equitable relief, and shall award to the plain- ence and normal functioning, including the ‘‘(iii) The application of individual-tree se- tiffs reasonable costs of litigation including viability of populations throughout their lection, group selection, or any other method attorney’s fees, witness fees and other nec- natural geographic distributions. consistent with selection management shall essary expenses. ‘‘(C) The term ‘within-community diver- under no event: ‘‘(iii) The standard of proof in all actions sity’ means the distinctive assemblages of ‘‘(a) create a clearing or opening that ex- brought under this subparagraph shall be the species and ecological processes that occur ceeds in width in any direction the height of preponderance of the evidence and the trial in different physical settings of the bio- the tallest tree standing within 10 feet out- shall be de novo. sphere and distinct parts of the world. side the edge of the clearing or opening, or ‘‘(D) The damage award authorized by sub- ‘‘(D) The term genetic diversity means the ‘‘(b) create a stand where the majority of paragraph (C)(ii) shall be paid by the viola- differences in genetic composition within trees are within 10 years of the same age, or tor or violators designated by the court to and among populations of a given species. ‘‘(c) cut or remove more than 10 percent of the U.S. Treasury. ‘‘(E) The term ‘species diversity’ means the the basal area of a stand within 15 years. The ‘‘(E) The damage award shall be paid from richness and variety of native species in a foregoing imitation shall not be deemed to the U.S. Treasury, as provided by Congress particular location of the world. establish a 150-year projected felling age as under section 1304 of title 31, United States ‘‘(F) The term ‘age diversity’ means the the standard at which individual trees in a Code, within 40 days after judgment to the naturally occurring range and distribution of stand are to be cut, nor shall native biodiver- person or persons designated to receive it, to age classes within a given species. sity be limited to that which occurs within be applied in protecting or restoring native ‘‘(G) SELECTION MANAGEMENT.—(i) The term the context of a 150-year projected felling biodiversity in or adjoining Federal land. ‘‘selection management’’ means a method of age. Any award of costs of litigation and any logging that emphasizes the periodic re- ‘‘(H) The term, ‘stand’ means a biological award of attorney fees shall be paid within 40 moval of trees, including mature, undesir- community with enough identify by loca- days after judgment. able, and cull trees in a manner that insures: tion, topography, or dominant species to be ‘‘(F) The United States, including its (a) the maintenance of continuous high managed as a unit, not to exceed 100 acres. agents and employees waives its sovereign forest cover where such cover naturally oc- ‘‘(I) EVEN-AGE LOGGING AND EVEN-AGE MAN- immunity in all respects in all actions under curs, AGEMENT.—(i) The term ‘even-age logging’ subsection (c)(8) and this subsection. No no- (b) the maintenance or natural regenera- and ‘even-age management’ mean any log- tice is required to enforce this subsection.’’. tion of all native species in a stand, and ging activity which: ‘‘(c) REPEAL.—Subsection (b) of section 701 (c) the growth and development of trees ‘‘(a) creates a clearing or opening that ex- of the Federal Land Policy and Management through a range of diameter or age classes to ceeds in width in any direction the height of Act of 1976 (43 U.S.C. 1701 note) is hereby re- provide a sustained yield of forest products. the tallest tree standing within 10 feet out- pealed. (ii) Cutting methods that develop and side the edge of the clearing or opening, or SEC. 103. AMENDMENT OF NATIONAL WILDLIFE maintain selection stands are: ‘‘(b) creates a stand where the majority of REFUGE SYSTEM ADMINISTRATION (a) Individual-tree selection, in which indi- trees are within 10 years of the same age, or ACT OF 1966 RELATING TO THE NA- vidual trees of varying size and age classes ‘‘(c) cuts or removes more than 10 percent TIONAL WILDLIFE REFUGE SYSTEM. are selected and logged in a generally uni- of the basal area of a stand within 15 years. Section 4 of the National Wildlife Refuge form pattern throughout a stand, and ‘‘(ii) Even-age logging and even-age man- System Administration Act of 1966 (16 U.S.C. (b) Group selection, in which small groups agement include the application of 668dd) is amended by adding at the end the of trees are selected and logged. clearcutting, seed-tree cutting, shelterwood following: (iii) The application of individual-tree se- cutting, or any other logging method in a ‘‘(j) CONSERVATION OF NATIVE BIODIVER- lection, group selection, or any other method manner inconsistent with selection manage- SITY.—In each stand and each watershed consistent with selection management shall ment. throughout each forested area within the under no event:

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6733 (a) create a clearing or opening that ex- ‘‘(D) The damage award authorized by sub- ‘‘(F) The term ‘‘age diversity’’ means the ceeds in width in any direction the height of paragraph (C)(ii) shall be paid by the viola- naturally occurring range and distribution of the tallest tree standing within 10 feet out- tor or violators designed by the court to the age classes within a given species. side the edge of the clearing or opening, or U.S. Treasury. ‘‘(G) SELECTION MANAGEMENT.—(i) The term (b) create a stand where the majority of ‘‘(E) The damage award shall be paid from ‘‘selection management’’ means a method of trees are within 10 years of the same age, or the U.S. Treasury, as provided by Congress logging that emphasizes the periodic re- (c) cut or remove more than 10 percent of under section 1304 of title 31, United States moval of trees, including mature, undesir- the basal area of a stand within 15 years. The Code, within 40 days after judgment to the able, and cull trees in a manner that insures: foregoing limitation shall not be deemed to person or persons designated to receive it, to ‘‘(a) the maintenance of continuous high establish a 150-year projected felling age as be applied in protecting or restoring native forest cover where such cover naturally oc- the standard at which individual trees in a biodiversity in or adjoining Federal land. curs. stand are to be cut, nor shall native biodiver- Any award of costs of litigation and any ‘‘(b) the maintenance or natural regenera- sity be limited to that which occurs within award of attorney fees shall be paid within 40 tion of all native species in a stand, and the context of a 150-year projected felling days after judgment. ‘‘(c) the growth and development of trees age. ‘‘(F) The United States, including its through a range of diameter or age classes to ‘‘(H) The term ‘‘stand’’ means a biological agents and employees waives its sovereign provide a sustained yield of forest products. community with enough identity by loca- immunity in all respects in all actions under ‘‘(ii) Cutting methods that develop and tion, topography, or dominant species to be subsection (j) and this subsection. No notice maintain selection stands are:. managed as a unit, not to exceed 100 acres. is required to enforce this subsection.’’. ‘‘(a) Individual-tree selection, in which in- ‘‘(I) EVEN-AGE LOGGING AND EVEN-AGE MAN- SEC. 104. AMENDMENT OF NATIONAL INDIAN dividual trees of varying size and age classes AGEMENT.—(i) The terms ‘‘even-age logging’’ FOREST RESOURCES MANAGEMENT are selected and logged in a generally uni- and ‘‘even-age management’’ mean any log- ACT RELATING TO INDIAN LANDS. form pattern throughout a stand, and ging activity which: Section 305 of the National Indian Forest ‘‘(b) Group selection, in which small groups (a) creates a clearing or opening that ex- Resources Management Act (25 U.S.C. 4535) is of trees are selected and logged. ceeds in width in any direction the height of amended by adding at the end the following ‘‘(iii) The application of individual-tree se- the tallest tree standing within 10 feet out- new subsections: lection, group selection, or any other method ‘‘(c) CONSERVATION OF NATIVE BIODIVER- side the edge of the clearing or opening, or consistent with selection management shall SITY.—In each stand and each watershed (b) creates a stand where the majority of under no event: trees are within 10 years of the same age, or throughout each forested area on Indian ‘‘(a) create a clearing or opening that ex- lands, the Secretary shall provide for the (c) cuts or removes more than 10 percent of ceeds in width in any direction the height of conservation or restoration of native bio- the basal area of a stand within 15 years. the tallest tree standing within 10 feet out- (ii) Even-age logging and even-age manage- diversity except during the extraction stage side the edge of the clearing or opening, or of authorized mineral development or during ment include the application of clearcutting, ‘‘(b) create a stand where the majority of authorized construction projects, in which seed-tree cutting, shelterwood cutting, or trees are within 10 years of the same age, or any other logging method in a manner incon- events the Secretary shall conserve native ‘‘(c) cut or remove more than 10 percent of biodiversity to the extent possible;’’. sistent with selection management. the basal area or a stand within 15 years. The ‘‘(J) The term ‘‘clearcutting’’ means an ‘‘(d) RESTRICTION ON USE OF CERTAIN LOG- foregoing limitation shall not be. deemed to even-age logging operation that removes all GING PRACTICES.—(1) In each stand and wa- establish a 150-year projected felling age as of the trees over a considerable area of a tershed throughout each forested area, the the standard at which individual tress in a stand at one time. Secretary shall prohibit any even-age log- stand are to be cut, nor shall native biodiver- ‘‘(K) The term ‘‘seed-tree cut’’ means an ging and any even-age management after the sity be limited to that which occurs within even-age logging operation that leaves a date of the enactment of this subsection. the context of a 150-year projected felling small minority of seed trees in a stand for ‘‘(2) On each stand already under even-age age. any period of time. management, the Secretary shall (A) pre- ‘‘(L) The term ‘‘shelterwood cut’’ means an scribe a shift to selection management, or ‘‘(H) The term ‘‘stand’’ means a biological even-age logging operation that leaves a mi- (B) cease managing for timber purposes and community with enough identity by loca- nority (larger than in a seed-tree cut) of the actively restore the native biodiversity, or tion, topography, or dominant species to be stand as a source or protection cover remain- permit each stand to regain its native bio- managed as a unit, not to exceed 100 acres ‘‘(I) EVEN-AGE LOGGING AND EVEN-AGE MAN- ing standing for any period of time. diversity. ‘‘(M) The term ‘‘timber purposes’’ shall in- ‘‘(3) For the purposes of this section:. AGEMENT.—(i) The terms ‘‘even-age logging’’ clude the use, sale, lease, or distribution of ‘‘(A) The term ‘‘native biodiversity’’ means and ‘‘even-age management’’ mean any log- trees, or the felling of trees or portions of the full range of variety and variability ging activity which: trees except to create land space for a struc- within and among living organisms and the (a) creates a clearing or opening that ex- ture or other use. ecological complexes in which they would ceeds in width in any direction the height of ‘‘(N) The term ‘‘basal area’’ means the area have occurred in the absence of significant the tallest tree standing within 10 feet out- of the cross section of a tree stem, including human impact, and encompasses diversity side the edge of the clearing or opening, or the bark, at 4.5 feet above the ground. within a specie (genetic diversity, species di- (b) creates a stand where the majority of ‘‘(4)(A)(i) The purpose of this paragraph is versity, or age diversity), within a commu- trees are within 10 years of the same age, or to foster the widest possible enforcement of nity of species (within-community diver- (c) cuts or removes more than 10 percent of subsection (j) and this subsection. sity), between communities of species (be- the basal area of a stand within 15 years. ‘‘(ii) Congress finds that all people of the tween-communities), within a total area ‘‘Even-age logging and even-age manage- United States are injured by actions on lands such as a watershed (total area), along a ment include the application of clearcutting, to which subsection (j) and this subsection plane from ground to sky (vertical), and seed-tree cutting, shelterwood cutting, or apply. along the plane of the earth-surface (hori- any other logging method in a manner incon- ‘‘(B) The provisions of subsection (j) and zontal). Vertical and horizontal diversity sistent with selection management. this subsection shall be enforced by the Sec- apply to all the other aspects of diversity. ‘‘(J) The term ‘‘clearcutting’’ means an retary of the Interior and the Attorney Gen- ‘‘(B) The terms ‘‘conserve’’ and ‘‘conserva- even-age logging operation that removes all eral of the United States against any person tion’’ refer to protective measures for main- of the trees over a considerable area of a who violates either of them. taining existing native biodiversity and ac- stand at one time. ‘‘(C)(i) Any citizen harmed by a violation tive and passive measures for restoring di- ‘‘(K) The term ‘‘seed-tree cut’’ means an of this Act may enforce any provisions of versity through management efforts, in even-age logging operation that leaves a this subsection by bringing an action for de- order to protect, restore, and enhance as small minority of seed trees in a stand for claratory judgment, temporary restraining much of the variety of species and commu- any period of time. order, injunction, statutory damages, and nities as possible in abundances and distribu- ‘‘(L) The term ‘‘shelterwood cut’’ means an other remedies against any alleged violator tions that provide for their continued exist- even-age logging operation that leaves a mi- including the United States, in any district ence and normal functioning, including the nority (larger than in a seed-tree cut) of the court of the United States. viability of populations throughout their stand as a seed source or protection cover re- ‘‘(ii) The court, after determining a viola- natural geographic distributions. maining standing for any period of time. tion of either of such subsections, shall im- ‘‘(C) The term ‘‘within-community diver- ‘‘(M) The term ‘‘timber purposes’’ shall in- pose a damage award of not less than $5,000, sity’’ means the distinctive assemblages of clude the use, sale, lease, or distribution of shall issue one or more injunctions and other species and ecological processes that occur trees, or the felling of trees or portions of equitable relief, and shall award to the plain- in different physical settings of the bio- trees except to create land space for a struc- tiffs reasonable costs of litigation including sphere and distinct parts of the world. ture or other use. attorney’s fees, witness fees and other nec- ‘‘(D) The term ‘‘genetic diversity’’ means ‘‘(N) The term ‘‘basal area’’ means the area essary expenses. the differences in genetic composition within of the cross section of a tree stem, including ‘‘(iii) The standard of proof in all actions and among populations of a given species. the bark, at 4.5 beet above the ground. brought under this subparagraph shall be the ‘‘(E) The term ‘‘species diversity’’ means ‘‘(4)(A)(i) The purpose of this paragraph is preponderance of the evidence and the trial the richness and variety of native species in to foster the widest possible enforcement of shall be de novo. a particular location of the world. subsection (c) and this subsection.

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6734 CONGRESSIONAL RECORD — SENATE June 27, 1997 ‘‘(ii) Congress finds that all people of the within a species (genetic diversity, species (b) create a stand where the majority of United States are injured by actions on lands diversity, or age diversity), within a commu- trees are within 10 years of the same age, or to which subsection (c) and this subsection nity of species (within-community diver- (c) cuts or removes more than 10 percent of apply. sity), between communities of species (be- the basal area of a stand within 15 years. ‘‘(B) The provisions of subsection (c) and tween-communities), within a total area (ii) Even-age logging and even-age manage- this subsection shall be enforced by the Sec- such as a watershed (total area), along a ment include the application of clearcutting, retary of the Interior and the Attorney Gen- plane from ground to sky (vertical), and seed-tree cutting, shelterwood cutting, or eral of the United States against any person along the plane of the earth-surface (hori- any other logging method in a manner incon- who violates either of them. zontal). Vertical and horizontal diversity sistent with selection management. ‘‘(C)(i) Any citizen harmed by a violation apply to all the other aspects of diversity. of this Act may enforce any provision of sub- ‘‘(B) The terms ‘‘conserve’’ and ‘‘conserva- ‘‘(J) The term ‘‘clearcutting’’ means an section (c) and this subsection by bringing tion’’ refer to protective measures for main- even-age logging operation that removes all an action for declaratory judgment, tem- taining existing native biodiversity and ac- of the trees over a considerable area of a porary restraining order, injunction, statu- tive and passive measures for restoring di- stand at one time. tory damages, and other remedies against versity through management efforts, in ‘‘(K) The term ‘‘seed-tree cut’’ means an any alleged violator including the United order to protect, restore, and enhance as even-age logging operation that leaves a States, in any district court of the United much of the variety of species and commu- small minority of seed trees in a stand for States. nities as possible in abundances and distribu- any period of time. ‘‘(ii) The court, after determining a viola- tions that provide for their continued exist- ‘‘(L) The term ‘‘shelterwood cut’’ means an tion of either of such subsections shall im- ence and normal functioning, including the even-age logging operation that leaves a mi- pose a damage award of not less than $5,000, viability of populations throughout their nority (larger than in a seed-tree cut) of the shall issue one or more injunctions and other natural geographic distributions. stand as a seed source or protection cover re- equitable relief, and shall award to the plain- ‘‘(C) The term ‘‘within-community diver- maining standing for any period of time. tiffs reasonable costs of litigation including sity’’ means the distinctive assemblages of ‘‘(M) The term ‘‘timber purposes’’ shall in- attorney’s fees, witness fees and other nec- species and ecological processes that occur clude the use, sale, lease, or distribution of essary expenses. in different physical settings of the bio- trees, or the felling of trees or portions of ‘‘(iii) The standard of proof in all actions sphere and distinct parts of the world. trees except to create land space for a struc- brought under this subparagraph shall be the ‘‘(D) The term ‘‘genetic diversity’’ means ture or other use. preponderance of the evidence and the trial the differences in genetic composition within ‘‘(N) The term ‘‘basal area’’ means the area shall be de novo. and among populations of a given species. of the cross section of a tree stem, including ‘‘(D) The damage award authorized by sub- ‘‘(E) The term ‘‘species diversity’’ means the bark, at 4.5 feet above the ground. paragraph (C)(ii) shall be paid by the viola- the richness and variety of native species in tor or violators designated by the court to a particular location of the world. ‘‘(4)(A)(i) The purpose of this paragraph is the U.S. Treasury. (F) The term ‘‘age diversity’’ means the to foster the widest possible enforcement of ‘‘(E) The damage award shall be paid from naturally occurring range and distribution of this section. the U.S. Treasury, as provided by Congress age classes within a given ‘‘species.’’ ‘‘(ii) Congress finds that all people of the under section 1304 of title 31, United States (G) SELECTION MANAGEMENT.—(i) The term United States are injured by actions on lands Code, within 40 days after judgment to the ‘‘selection management’’ means a method of to which this section applies. person or persons designated to receive it, to logging that emphasizes the periodic re- ‘‘(B) The provisions of this section shall be be applied in protecting or restoring native moval of trees, including mature, undesir- enforced by the Secretary of Defense and the biodiversity in or adjoining Federal land. able, and cull trees in a manner that insures: Attorney General of the United States Any award of costs of litigation and any (a) the maintenance of continuous high against any person who violates this section. award of attorney fees shall be paid within 40 forest cover where such cover naturally oc- ‘‘(C)(i) Any citizen harmed by a violation days after judgment. curs. of this Act may enforce any provision of this ‘‘(F) The United States, including its (b) the maintenance or natural regenera- section by bringing an action for declaratory agents and employees waives it sovereign tion of all native species in a stand, and judgment, temporary restraining order, in- immunity in all respects in all actions under (c) the growth and development of trees junction, statutory damages, and other rem- subsection (c) and this subsection. No notice through a range of diameter or age classes to edies against any alleged violator including is required to enforce this subsection.’’. provide a sustained yield of forest products. the United States, in any district court of (ii) Cutting methods that develop and SEC. 105. AMENDMENT OF TITLE 10, UNITED the United States. STATES CODE, RELATING TO FOR- maintain selection stands are: EST MANAGEMENT ON MILITARY (a) Individual-tree selection, in which indi- ‘‘(ii) The court, after determining a viola- LANDS. vidual trees of varying size and age classes tion of this section, shall impose a damage (a) IN GENERAL.—chapter 159 of title 10, are selected and logged in a generally uni- award of not less than $5,000, shall issue one United States Code, is amended by adding at form pattern throughout a stand, and or more injunctions and other equitable re- the end the following new section: (b) Group selection, in which small groups lief, and shall award to the plaintiffs reason- ‘‘SEC. 2694. CONSERVATION OF NATIVE BIO- of trees are selected and logged. able costs of litigation including attorney’s DIVERSITY. (iii) The application of individual-tree se- fees, witness fees and other necessary ex- ‘‘(a) CONSERVATION OF NATIVE BIODIVER- lection, group selection, or any other method penses. SITY.—In each stand and each watershed consistent with selection management shall ‘‘(iii) The standard of proof in all actions throughout each forested area on a military under no event: brought under this subparagraph shall be the installation or projects administered by the (a) create a clearing or opening that ex- preponderance of the evidence and the trial Army Corps of Engineers, the Secretary ceeds in width in any direction the height of shall be de novo. shall provide for the conservation or restora- the tallest tree standing within 10 feet out- ‘‘(D) The damage award authorized by sub- tion of native biodiversity, except during au- side the edge of the clearing or opening, or paragraph (C)(ii) shall be paid by the viola- thorized construction projects in which (b) create a stand where the majority of tor or violators designated by the court to events the Secretary shall conserve native trees are within 10 years of the same age, or the U.S. Treasury. (c) cut or remove more than 10 percent of biodiversity to the extent possible. ‘‘(E) The damage award shall be paid from ‘‘(b) RESTRICTION ON USE OF CERTAIN LOG- the basal area of a stand within 15 years. The the U.S. Treasury, as provided by Congress GING PRACTICES.—(1) In each stand and wa- foregoing limitation shall not be deemed to under section 1304 of title 31, United States tershed throughout each forested area, the establish a 150-year projected felling age as Code, within 40 days after judgment to the Secretary shall prohibit any even-age log- the standard at which individual trees in a person or persons designated to receive it, to ging and any even-age management after the stand are to be cut, nor shall native biodiver- be applied in protecting or restoring native date of the enactment of this subsection. sity be limited to that which occurs within biodiversity in or adjoining Federal land. ‘‘(2) On each stand already under even-age the context of a 150-year projected felling Any award of costs of litigation and any management, the Secretary shall (A) pre- age. award of attorney fees shall be paid within 40 scribe a shift to selection management, or ‘‘(H) The term ‘‘stand’’ means a biological days after judgment. (B) cease managing for timber purposes and community with enough identity by loca- actively restore the native biodiversity, or tion, topography, or dominant species to be ‘‘(F) The United States, including its permit each stand to regain its native bio- managed as a unit, not to exceed 100 acres. agents and employees waives its sovereign diversity. ‘‘(I) EVEN-AGE, LOGGING, AND EVEN-AGE immunity in all respects in all actions under ‘‘(3) In this section: MANAGEMENT.—(i) The terms ‘‘even-age log- this section. No notice is required to enforce ‘‘(A) The term ‘‘native biodiversity’’ means ging’’ and ‘‘even-age management’’ mean this section.’’. the full range of variety and variability any logging activity which: (b) CONFORMING AMENDMENT.—The table of within and among living organisms and the (a) creates a clearing or opening that ex- sections for chapter 159 of title 10, United ecological complexes in which they would ceeds in width in any direction the height of States Code, is amended by adding at the end have occurred in the absence of significant the tallest tree standing within 10 feet out- the following new item: ‘‘2694. Conservation human impact, and encompasses diversity side the edge of the clearing or opening, or of native biodiversity.’’.

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6735 TITLE II—PROTECTION FOR ANCIENT roads, except as permitted by subparagraph (10) Prohibiting extractive logging in the FORESTS, ROADLESS AREAS, WATER- (B), and— Ancient Forests would create the best condi- SHED PROTECTION AREAS, SPECIAL (A) are greater than or equal to 5,000 acres tions for ensuring stable, well distributed, AREAS, AND FEDERAL BOUNDARY west of the 100th meridian; or and viable populations of the northern spot- AREAS (B) are greater than or equal to 1,500 acres ted owl, marbled murrelet, American east of the 100th meridian, but possibly con- SEC. 201. DEFINITIONS AND FINDINGS. marten, and other vertebrates, inverte- taining up to 1⁄2 mile of improved roads per (a) DEFINITIONS.—For purposes of this title: brates, vascular plants, and nonvascular 1,000 acres; or (1) EXTRACTIVE LOGGING.—The term ‘‘ex- plants associated with those forests. (C) are less than 5,000 acres, but share a (11) Prohibiting extractive logging in the tractive logging’’ means the cutting or re- border that is not an improved road with an moval of any trees from Federal forest lands Ancient Forests would create the best condi- existing Wilderness Area, Primitive Area, or tions for ensuring stable, well distributed, for any purpose. Wilderness Study Area. (2) ANCIENT FORESTS.—The term ‘‘Ancient and viable populations of anadromous (5) WATERSHED PROTECTION AREAS.—The salmonids, resident salmonids, and bull Forests’’ refers to ‘‘Northwest Ancient For- term ‘‘Watershed Protection Areas’’ refers to ests’’, ‘‘East Side Cascade Ancient Forests’’, trout. Federal lands (12) Roadless areas are de facto wilderness and ‘‘Sierra Nevada Ancient Forests’’ as de- (A) extending 300 feet from both sides of that provide wildlife habitat and recreation. fined below: the active stream channel of any perma- (13) Roadless areas contain many of the (A) The term ‘‘Northwest Ancient Forests’’ nently flowing stream or river, or largest unfragmented forests on Federal refers to— (B) extending 100 feet from both sides of lands. Large unfragmented forests are among (i) Federal lands identified as Late-Succes- the active channel of any intermittent, the last refuges for native animal and plant sional Reserves, Riparian Reserves, and Key ephemeral or seasonal stream, or any other biodiversity, and are vital to maintaining Watersheds under the heading ‘‘Alternative non-permanently flowing drainage feature viable populations of threatened, endangers, 1’’ of the report ‘‘Final Supplemental Envi- having a definable channel and evidence of sensitive, and rare species. ronmental Impact Statement on Manage- annual scour or deposition of flow-related (14) Roads cause soil erosion, disrupt wild- ment of Habitat for Late-Successional and debris, or Old-Growth Forest Related Species Within (C) extending 300 feet from the edge of the life migration, and allow nonnative species the Range of the Northern Spotted Owl, Vol. maximum level of any natural lake or pond, of plants and animals to invade native for- I.’’, dated February 1994; and or ests. (ii) Federal lands identified by the term (D) extending 150 feet from the edge of the (15) The morality and reproduction pat- ‘‘Medium and Large Conifer Multi-Storied, maximum level of constructed lakes, ponds, terns of forest dwelling animal populations Canopied Forests’’ as defined in ‘‘Final Sup- or reservoirs and natural or constructed wet- are adversely affected by traffic-related fa- plemental Environmental Impact Statement lands including. talities that accompany roads. on Management of Habitat for Late-Succes- (6) SPECIAL AREAS.—The term ‘‘Special (16) The exceptional recreational, biologi- sional and Old-Growth Forest Related Spe- Areas’’ means certain area of Federal land cal, scientific, or economic assets of certain cies Within the Range of the Northern Spot- designated in section 202. special forested areas on Federal lands are ted Owl, Vol. I.’’, dated February 1994. (7) FEDERAL BOUNDARY AREAS.—The term valuable to the American public and are (B) The term ‘‘Eastside Cascade Ancient ‘‘Federal Boundary Areas’’ means lands man- damaged by extractive logging in these Forests’’ refers to— aged by the Forest Service, Bureau of Land areas. (i) Federal lands identified as ‘‘Late-Suc- Management, or Fish & Wildlife Service, (17) In order to gauge the effectiveness and cession/Old-growth Forest (LS/OG)’’ depicted within 200 feet of a property line. appropriateness of current and future re- on maps for the Colville, Fremont, Malheur, (8) SECRETARY CONCERNED.—The term ‘‘Sec- source management activities, and to con- Ochoco, Umatilla, Wallowa-Whitman and retary concerned’’ means the head of the tinue to broaden and develop our under- Winema National Forests in the document Federal agency having jurisdiction over Fed- standing of silvicultural practices, many entitled ‘‘Interim Protection for Late-Suc- eral lands included within an Ancient For- special forested areas need to remain in a cessional Forests, Fisheries, and Watersheds: est, Roadless Area, Watershed Protection natural, unmanaged state to serve as sci- National Forests East of the Cascade Crest, Area, Special Area, or Federal Boundary entifically established baseline control for- Oregon, and Washington’’, prepared by the Area. ests. Eastside Forests Scientific Society Panel (b) FINDINGS.—Congress finds the fol- (18) Certain special forested areas provide (The Wildlife Society, Technical Review 94–2, lowing: habitat for the survival and recovery of en- August 1994); (1) Unfragmented forests on Federal lands dangered and threatened plant and wildlife (ii) Federal lands, east of the Cascade crest are unique an valuable assets to the general species such as grizzly bears, spotted owls, in Oregon and Washington defined as ‘‘late public which are damaged by extractive log- Pacific salmon, and Pacific yew that are successional and old-growth forests’’ in the ging. harmed by extractive logging. (2) Less than 10 percent of the original general definition on page 28 of the report (19) Many special forested areas on Federal unlogged forests of the Untied States re- entitled ‘‘Interim Protection for Late-Suc- lands are considered sacred sites by native main. The vast majority of the remnants of cessional Forests, Fisheries, and Watersheds: peoples. America’s original forests are located on National Forests East of the Cascade Crest, (20) Ecological, economic, and aesthetic Federal lands. Oregon, and Washington’’; and values on private property are damaged by (3) Large, unfragmented forest watersheds (iii) Federal lands classified as ‘‘Oregon logging and roadbuilding in Federal Bound- provide high-quality water supplies for Aquatic Diversity Areas’’ as defined in the ary Areas. drinking, agriculture, industry, and fisheries report entitled ‘‘Interim Protection for Late- (21) As a legacy for the enjoyment, knowl- across the United States. edge, and well-being of future generations, Successional Forests, Fisheries, and Water- (4) The most recent scientific studies indi- sheds: National Forests East of the Cascade provisions must be made for the protection cate that several thousand species of plants and perpetuation of America’s Ancient For- Crest, Oregon, and Washington’’. and animals are dependent on large, (C) The term ‘‘Sierra Nevada Ancient for- ests, Roadless Areas, Watershed Protection unfragmented forest areas. Areas, Special Areas, and Federal Boundary ests’’ refers to (5) Many neotropical migratory songbird Areas. (i) Federal lands identified as ‘‘Areas of species are currently experiencing docu- Late-Successional Emphasis (ALSE)’’ in the mented broad-scale population declines and SEC. 202. DESIGNATION OF SPECIAL AREAS. document entitled ‘‘Final Report to Con- require large, unfragmented forests to ensure (a) DESCRIPTION OF SPECIAL AREAS.— gress: Status of the Sierra Nevada’’, prepared their survival. (1) IN GENERAL.—Special areas are parcels by the Sierra Nevada Ecosystem Project (6) Destruction of large-scale natural for- of Federal forest land that posses out- (Wildland Resources Center Report #40, Uni- ests has resulted in a tremendous loss of jobs standing biological, scenic, recreational, or versity of California, David, 1996/97); in the fishing, hunting, tourism, recreation, cultural values, exemplary on a regional, na- (ii) Federal lands identified as ‘‘Late-Suc- and guiding industries, and has adversely af- tional, or international level, yet may not cessional/Old-Growth Forests Rank, 3, 4 or 5’’ fected sustainable nontimber forest products meet the definitions of Ancient Forests, in the document entitled ‘‘Final Report to industries such as the collection of mush- Roadless Areas, Watershed Protection Areas, Congress: Status of the Sierra Nevada’’; and rooms and herbs. or Federal Boundary Areas. (iii) Federal lands identified as ‘‘Potential (7) Extractive logging programs on Federal (2) BIOLOGICAL VALUES.—Biological values Aquatic Diversity Management Areas’’ in lands are carried out at enormous financial include— the map on page 1497 of the document enti- costs to the United States Treasury and (A) the presence of threatened or endan- tled ‘‘Final Report to Congress: Status of the American taxpayers. gered species of plants or animals; Sierra Nevada, Volume II’’. (8) The Ancient Forests continue to be (B) rare or endangered ecosystems; (3) IMPROVED ROADS.—The term ‘‘improved threatened by logging and deforestation and (C) key habitats necessary for the recovery roads’’ means any roads maintained for trav- are rapidly disappearing. of endangered or threatened species; el by standard passenger type vehicles. (9) Ancient Forests help regulate atmos- (D) recovery or restoration areas of rare or (4) ROADLESS AREAS.—The term ‘‘Roadless pheric balance, maintain biodiversity, and underrepresented forest ecosystems; Areas’’ means those contiguous parcels of provide valuable scientific opportunity for (E) migration corridors; Federal land that are devoid of improved monitoring the health of the planet. (F) areas of outstanding biodiversity;

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6736 CONGRESSIONAL RECORD — SENATE June 27, 1997 (G) old growth forests; Montgomery and Polk Counties, Arkansas, the town of Dahlonega, Union and Lumpkin (H) commercial fisheries; and known as ‘‘Leader and Brush Mountains’’, Counties, Georgia. (I) sources of clean water such as key wa- which comprise approximately 120,000 acres (C) CHATTOOGA WATERSHED CLUSTER, GEOR- tersheds. located in the vicinity of the Blaylock Creek GIA AREAS.—Certain lands in the Chattahoo- (3) SCENIC VALUES.—Scenic values in- Watershed between Long Creek and the chee National Forest, Tallulah Ranger Dis- clude— South Fork of the Saline River. trict, comprising 63,500 acres known as the (A) unusual geological formations; (C) POLK CREEK AREA.—Certain lands in the ‘‘Chattooga Watershed Cluster, Georgia (B) designated wild and scenic rivers; Ouachita National Forest, Mena Ranger Dis- Areas’’. This cluster is comprised of 7 areas, (C) unique biota; and trict, Arkansas, comprising approximately located in Rabun County, Georgia, known as (D) vistas. 20,000 acres bounded by Arkansas Highway 4 the following: Rabun Bald, Three Forks, (4) RECREATIONAL VALUES.—Recreational and Forest Roads 73 and 43 known as the Ellicott Rock Extension, Rock Gorge, Big values include— ‘‘Polk Creek Area’’. Shoals, Thrift’s Ferry, and Five Falls. The (A) designated National Recreational (D) LOWER BUFFALO RIVER WATERSHED.— towns of Clayton, Georgia, and Dillard, Trails or Recreational Areas; Certain lands in the Ozark National Forest, South Carolina are situated nearby. (B) popular areas for recreation and sports Sylamore Ranger District, totaling approxi- (D) COHUTTA CLUSTER.—Certain lands in including— mately 60,000 acres, known as ‘‘The Lower the Chattahoochee National Forest, Cohutta (i) hunting; Buffalo River Watershed’’. The area is com- Ranger District, totaling approximately (ii) fishing; prised of those Forest Service lands, not al- 28,000 acres, known as the ‘‘Cohutta Clus- (iii) camping; ready designated as Wilderness, located in ter’’. The cluster is comprised of four parcels (iv) hiking; the watershed of Big Creek, southwest of the known as Cohutta Extensions, Grassy Moun- (v) aquatic recreation; and Leatherwood Wilderness Area in Searcy and tain, Emery Creek, and Mountaintown. The (vi) winter recreation; Marion Counties, Arkansas. cluster is located near the towns of (C) Federal lands in regions that are under- (E) UPPER BUFFALO RIVER WATERSHED.— Chatsworth and Ellijay, Murray, Fannin, and served in terms of recreation; Certain lands in the Ozark National Forest, Gilmer Counties, Georgia. (D) lands adjacent to designated Wilder- Buffalo Ranger District, totaling approxi- (E) DUNCAN RIDGE CLUSTER.—Certain lands ness Areas; and mately 220,000 acres known as the ‘‘Upper in the Chattahoochee National Forest, (E) solitude. Buffalo River Watershed’’. This area is lo- Brasstown and Toccoa Ranger Districts, (5) CULTURAL VALUES.—Cultural values in- cated approximately 35 miles from the town comprising approximately 17,000 acres known clude— of Harrison, in Madison, Newton and Searcy as the ‘‘Duncan Ridge Cluster’’. The cluster (A) sites with Native American religious Counties, Arkansas. The Upper Buffalo River is comprised of the following four parcels: significance; and Watershed is comprised of those Forest Serv- Licklog Mountain, Duncan Ridge, Board (B) historic or prehistoric archaeological ice lands, not already designated as Wilder- Camp, and Cooper Creek Scenic Area Exten- sites eligible for national historic register. ness Areas, upstream of the confluence of the sion. The cluster is located approximately 10 (b) SIZE VARIATION.—Special areas may Buffalo River and Richland Creek and lo- to 15 miles south of the town of Blairsville in Union and Fannin Counties, Georgia. vary in size to encompass the outstanding bi- cated in the following watersheds: Buffalo (F) ED JENKINS NATIONAL RECREATION AREA ological, scenic, recreational, or cultural River, the various streams comprising the value or values to be protected. CLUSTER.—Certain lands in the Chattahoo- Headwaters of the Buffalo River, Richland chee National Forest, Toccoa and Chestatee (c) DESIGNATION OF SPECIAL AREAS.—For Creek, Little Buffalo Headwaters, Edgmon purposes of this title, there are hereby des- Ranger Districts, totaling approximately Creek, Big Creek and Cane Creek. 19,300 acres, known as the ‘‘Ed Jenkins Na- ignated the following Special Areas, which (5) CALIFORNIA: GIANT SEQUOIA PRESERVE.— tional Recreation Area Cluster’’. The cluster shall be subject to the management restric- Certain lands in the Sequoia and Sierra Na- is comprised of the Springer Mountain, Mill tions specified in section 203(c): tional Forests in California comprised of 3 Creek, and Toonowee parcels. The cluster is (1) ALABAMA: SIPSEY WILDERNESS.—Certain discontinuous parcels, totaling approxi- located 30 miles north of the town of lands in the Bankhead National Forest in mately 442,425 acres known as the ‘‘Giant Se- Dahlonega, Fannin, Dawson, and Lumpkin Alabama, which comprise approximately quoia Preserve’’ located in Fresno, Tulare, 20,000 acres, located directly west of Highway Counties, Georgia. and Kern Counties. All 3 parcels are located AINESVILLE RIDGES CLUSTER.—Certain 33 and directly north of County Road 60, in- (G) G in the Southern Sierra Nevada mountain lands in the Chattahoochee National Forest, cluding all of the Sipsey River Watershed range; the Kings River Unit (145,600 acres) Chattooga Ranger District, totaling approxi- north of Cranal Road, known as the ‘‘Sipsey and nearby Redwood Mountain Unit (11,730 mately 14,200 acres, known as the ‘‘Gaines- Wilderness’’. acres) are located approximately 25 miles ville Ridges Cluster’’. The cluster is com- (2) ALASKA.— east of the city of Fresno. The South Unit prised of the following three parcels: Panther (A) TURNAGAIN ARM.—Certain lands in the (285,095 acres) is approximately 15 miles east Creek, Tugaloo Uplands, and Middle Fork Chugach National Forest, Kenai Peninsula, of the city of Porterville. Broad River. The cluster is located approxi- Alaska, which comprise approximately (6) COLORADO: COCHETOPA HILLS.—Certain mately 10 miles from the town of Toccoa, 100,000 acres, known as ‘‘Turnagain Arm’’, lands in the Gunnison Basin area adminis- Habersham and Stephens Counties, Georgia. extending from sea level to ridgetop sur- tered by the Gunnison, Grand Mesa, (H) NORTHERN BLUE RIDGE CLUSTER, GEOR- rounding the inlet of Turnagain Arm. Uncompahgre, and Rio Grand National for- GIA AREAS.—Certain lands in the Chattahoo- (B) HONKER DIVIDE.—Certain lands in the ests, comprising approximately 500,000 acres, chee National Forest, Brasstown and Tongass National Forest in Alaska, which known as the ‘‘Cochetopa Hills’’. This area Tallulah Ranger Districts, totaling approxi- comprise approximately 75,000 acres, located spans the continental divide south and east mately 46,000 acres, known as the ‘‘Northern on north central Prince of Wales Island, of Gunnison in Saguache County, Colorado Blue Ridge Cluster, Georgia Areas’’. The comprising the Thorne River and Hatchery and includes the Elk and West Elk Moun- cluster is comprised of the following eight Creek watersheds, stretching approximately tains, Grand Mesa, the Uncompahgre Pla- areas: Andrews Cove, Anna Ruby Falls Sce- 40 miles northwest from the vicinity of the teau, the northern San Juan Mountains, the nic Area Extension, High Shoals, Tray town of Thorne Bay to the vicinity of the La Garitas Mountains and the Cochetopa Mountain Extension, Kelly Ridge-Moccasin town of Coffman Cove, generally known as Hills. Creek, Buzzard Knob, Southern Nantahala the ‘‘Honker Divide’’. (7) GEORGIA.— Extension, and Patterson Gap. The cluster is (3) ARIZONA: NORTH RIM OF THE GRAND CAN- (A) ARMUCHEE CLUSTER.—Certain lands in located approximately 5 to 15 miles north of YON.—Certain lands in the Kaibab National the Chattahoochee National Forest, Helen, 5 to 15 miles southeast of Hiawassee, Forest, Arizona, included in the Grand Can- Armuchee Ranger District, totaling approxi- north of Clayton and west of Dillard, White, yon Game Preserve, which comprise approxi- mately 19,700 acres, known as the Towns and Rabun Counties, Georgia. mately 500,000 acres, abutting the northern ‘‘Armuchee Cluster’’. The cluster is com- (I) RICH MOUNTAIN CLUSTER.—Certain lands side of the Grand Canyon in the area gen- prised of three parcels known as Rocky Face, in the Chattahoochee National Forest, erally known as the ‘‘North Rim of the Johns Mountain and Hidden Creek. The clus- Toccoa Ranger District, totaling approxi- Grand Canyon’’. ter is located approximately 10 miles south- mately 9,500 acres known as the ‘‘Rich Moun- (4) ARKANSAS.— west of Dalton and 14 miles north of Rome, tain Cluster’’. The cluster is comprised of (A) COW CREEK DRAINAGE, ARKANSAS.—Cer- Whitfield, Walker, Chattooga, Floyd, and the parcels known as Rich Mountain Exten- tain lands in the Ouachita National Forest, Gordon Counties, Georgia. sion and Rocky Mountain. The cluster is lo- Mena Ranger District, Polk County, Arkan- (B) BLUE RIDGE CORRIDOR CLUSTER, GEORGIA cated 10 to 15 miles northeast of the town of sas, comprising approximately 7,000 acres, AREAS.—Certain lands in the Chattahoochee Ellijay, Gilmer and Fannin Counties, Geor- bounded approximately by the following National Forest, Chestatee Ranger District, gia. landmarks: on the north by County Road 95; totaling approximately 15,000 acres, known (J) WILDERNESS HEARTLANDS CLUSTER, on the south by County Road 157; on the east as the ‘‘Blue Ridge Corridor Cluster, Georgia GEORGIA AREAS.—Certain lands in the Chat- by County Road 48 and on the west by the Areas’’. The cluster is comprised of the fol- tahoochee National Forest, Chestatee, Arkansas-Oklahoma border, known as ‘‘Cow lowing 5 parcels: Horse Gap, Hogback Moun- Brasstown and Chattooga Ranger Districts, Creek Drainage, Arkansas’’. tain, Blackwell Creek, Little Cedar Moun- comprising approximately 16,500 acres, (B) LEADER AND BRUSH MOUNTAINS.—Cer- tain, and Black Mountain. The cluster is lo- known as the ‘‘Wilderness Heartlands Clus- tain lands in the Ouachita National Forest of cated approximately 15 to 20 miles north of ter, Georgia Areas’’. The cluster is comprised

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6737 of four parcels known as the following: Blood boundary consists of the Angostura Creek mately 62,000 acres, known as the ‘‘Black Mountain Extensions, Raven Cliffs Exten- watershed boundary, the southern boundary Mountains Cluster, North Carolina Areas’’. sions, Mark Trail Extensions, and Brasstown is Trail 19 and the Pecos Wilderness, and on The cluster is comprised of the following five Extensions. The cluster is located near the the west, the boundary is formed by the parcels: Craggy Mountains, Black Moun- towns of Dahlonega, Cleveland, Helen, and Agua Piedra Creek watershed. tains, Jarrett Creek, Mackey Mountain, and Blairsville, Lumpkin, Union, White, and (B) LA MANGA.—Certain lands in the west- Woods Mountain. The cluster is located near Towns Counties, Georgia. ern half of the Carson National Forest, El the towns of Burnsville, Montreat and Mar- (8) IDAHO.— Rito Ranger District, New Mexico, Vallecitos ion, Buncombe, Yancey and McDowell Coun- (A) COVE/MALLARD.—Certain lands in the Sustained Yield Unit, comprising approxi- ties, North Carolina. Nez Perce National Forest in Idaho, which mately 5,400 acres, known as ‘‘La Manga’’. (G) LINVILLE CLUSTER.—Certain lands in comprise approximately 94,000 acres, located The parcel is in Township 27, Range 6 and the Pisgah National Forest, Grandfather approximately 30 miles southwest of the bounded on the north by the Tierra Amarilla Ranger District, totaling approximately town of Elk City, west of the town of Dixie, Land Grant, on the south by Canada 42,000 acres known as the ‘‘Linville Cluster’’. in the area generally known as ‘‘Cove/Mal- Escondida, on the west by the Sustained The cluster is comprised of the following lard’’. Yield Unit boundary and the Tierra Amarilla seven parcels: Dobson Knob, Linville Gorge (B) MEADOW CREEK.—Certain lands in the Land Grant, and on the east by the Rio Extension, Steels Creek, Sugar Knob, Harper Nez Perce National Forest in Idaho, which Vallecitos. Creek, Lost Cove and Upper Wilson Creek. comprise approximately 180,000 acres, lo- (C) ELK MOUNTAIN.—Certain lands in the The cluster is located near the towns of Mar- cated approximately 8 miles east of the town Santa Fe National Forest, New Mexico, com- ion, Morgantown, Spruce Pine, Linville, and of Elk City in the area generally known as prising approximately 7,220 acres, known as Blowing Rock, Burke, McDowell, Avery and ‘‘Meadow Creek’’. ‘‘Elk Mountain’’ and located in Townships 17 Caldwell Counties, North Carolina. (C) FRENCH CREEK/PATRICK BUTTE.—Certain and 18 and Ranges 12 and 13. The area is H) NOLICHUCKY, NORTH CAROLINA AREA.— lands in the Payette National Forest in bounded on the north by the Pecos Wilder- Certain lands in the Pisgah National Forest, Idaho, which comprise approximately 141,000 ness, the Cow Creek Watershed forms the Toecane Ranger District, totaling approxi- acres, located approximately 20 miles north eastern boundary and the Cow Creek, itself, mately 4,000 acres, known as the of the town of McCall in the area generally forms the western boundary. The southern ‘‘Nolichucky, North Carolina Area’’, located known as ‘‘French Creek/Patrick Butte’’. boundary is formed by Rito de la Osha. 25 miles northwest of Burnsville, Mitchell (9) ILLINOIS.— (D) JEMEZ HIGHLANDS.—Certain lands in and Yancy Counties, North Carolina. (A) CRIPPS BEND.—Certain lands in the the Jemez Ranger District of the Santa Fe (I) PISGAH CLUSTER, NORTH CAROLINA Shawnee National Forest in Illinois, which National Forest, totaling approximately AREAS.—Certain lands in the Pisgah National comprise approximately 39 acres in Jackson 54,400 acres, known as the ‘‘Jemez High- Forest, Pisgah Ranger District, totaling ap- County in the Big Muddy River watershed, in lands’’, located primarily in Sandoval Coun- proximately 52,000 areas, known as the ‘‘Pis- the area generally known as ‘‘Cripps Bend’’. ty, New Mexico. gah Cluster, North Carolina Areas’’. The (B) OPPORTUNITY AREA 6.—Certain lands in (15) NORTH CAROLINA.— cluster is comprised of the following 5 par- the Shawnee National Forest in Illinois, (A) CENTRAL NANTAHALA CLUSTER, NORTH cels: Shining rock and Middle Prong Exten- which comprise approximately 50,000 acres CAROLINA AREAS.—Certain lands in the sions, Daniel Ridge, Cedar Rock Mountain, located in northern Pope County, sur- Nantahala National Forest, Tusquitee, South Mills River, and Laurel Mountain. The rounding Bell Smith Springs Natural Area, Cheoah, and Wayah Ranger Districts, total- cluster is located 5 to 12 miles north of the in the area generally known as ‘‘Opportunity ing approximately 107,000 acres, known as town of Brevard and southwest of the city of Area 6’’. the ‘‘Central Nantahala Cluster, North Caro- Asheville, Haywood, Transylvania, and Hen- (C) QUARREL CREEK.—Certain lands in the lina Areas’’. The cluster is comprised of the derson Counties, North Carolina. Shawnee National Forest in Illinois, which following nine parcels: Tusquitee Bald, (J) WILDCAT.—Certain lands in the Pisgah comprise approximately 490 acres located in Shooting Creek Bald, Cheoah Bald, Piercy National Forest, French Broad Ranger Dis- northern Pope County, in the Quarrel Creek Bald, Wesser Bald, Tellico Bald, Split White trict, totaling approximately 6,500 acres, watershed, in the area generally known as Oak, Siler Bald, and Southern Nantahala Ex- known as ‘‘Wildcat’’, located 20 miles north- ‘‘Quarrel Creek’’. tensions. The cluster is located near the west of the town of Canton, Haywood Coun- (10) MICHIGAN: TRAP HILLS.—Certain lands towns of Murphy, Franklin, Bryson City, An- ty, North Carolina. in the Ottawa National Forest, Bergland drews, and Beechertown, Cherokee, Macon, (16) OHIO.— Ranger District, totaling approximately Clay and Swain Counties, North Carolina. (A) ARCHERS FORK COMPLEX.—Certain lands 37,120 acres, known as the ‘‘Trap Hills’’, lo- (B) CHATTOOGA WATERSHED CLUSTER, NORTH in the Marietta Unit of the Athens Ranger cated approximately 5 miles from the town CAROLINA AREAS.—Certain lands in the District, in the Wayne National Forest, of Bergland, Ontonagon County, Michigan. Nantahala National Forest, Highlands Rang- Washington County, Ohio, known as ‘‘Ar- (11) MINNESOTA.— er District, totaling approximately 8,000 chers Fork Complex’’, comprising approxi- (A) TROUT LAKE AND SUOMI HILLS.—Certain acres, known as the ‘‘Chattooga Watershed mately 18,350 acres, located northeast of lands in the Chippewa National Forest, com- Cluster, North Carolina Areas’’. The cluster Newport and bounded by State Highway 26 to prising approximately 12,000 acres, known as is comprised of the Overflow (Blue Valley) the northwest, State Highway 260 to the ‘‘Trout Lake/Suomi Hills’’ in Itasca County, and Terrapin Mountain parcels. The cluster northeast, the Ohio River to the southeast Minnesota. is located five miles from the town of High- and Bear Run and Danas Creek to the south- (B) LULLABY WHITE PINE RESERVE.—Certain lands, Macon and Jackson Counties, North west. lands in the Superior National Forest in Carolina. (B) BLUEGRASS RIDGE.—Certain lands in the Minnesota, Gunflint Ranger District, which (C) TENNESSEE BORDER CLUSTER, NORTH Ironton Ranger District of the Wayne Na- comprise approximately 2,518 acres, in the CAROLINA AREAS.—Certain lands in the tional Forest, Lawrence County, Ohio, South Brule Opportunity Area, northwest of Nantahala National Forest, Tusquitee and known as ‘‘Bluegrass Ridge’’, comprising ap- Grand Marais in Cook County, Minnesota, Cheoah Ranger Districts, totaling approxi- proximately 4,000 acres, located three miles known as the ‘‘Lullaby White Pine Reserve’’. mately 28,000 acres, known as the ‘‘Ten- east of Etna in Township 4 North, Range 17 (12) MISSOURI: ELEVEN POINT-BIG SPRINGS nessee Border Cluster, North Carolina West, sections 19–23, 27–30. AREA.—Certain lands in the Mark Twain Na- Areas’’. The cluster is comprised of the four (C) BUFFALO CREEK.—Certain lands in the tional Forest in Missouri, Eleven Point following parcels: Unicoi Mountains, Deaden Ironton Ranger District of the Wayne Na- Ranger District, totaling approximately Tree, Snowbird, and Joyce Kilmer-Slickrock tional Forest, Lawrence County, Ohio, 200,000 acres, comprised of the administra- Extension. The cluster is located near the known as ‘‘Buffalo Creek’’, comprising ap- tive area of the Eleven Point Ranger Dis- towns of Murphy and Robbinsville, Cherokee proximately 6,500 acres, located four miles trict, known as the ‘‘Eleven Point-Big and Graham Counties, North Carolina. northwest of Waterloo in Township 5 North, Springs Area’’. (D) BALD MOUNTAINS.—Certain lands in the Range 17 West, sections 3–10, 15–18. (13) MONTANA: MOUNT BUSHNELL.—Certain Pisgah National Forest, French Broad Rang- (D) LAKE VESUVIUS.—Certain lands in the lands in the Lolo National Forest in Mon- er District, totaling approximately 13,000 Ironton Ranger District of the Wayne Na- tana, which comprise approximately 41,000 acres known as the ‘‘Bald Mountains’’, lo- tional Forest, Lawrence County, Ohio, com- acres located approximately 5 miles south- cated 12 miles northeast of Hot Springs, prising approximately 4,900 acres, generally west of the town of Thompson Falls in the Madison County, North Carolina. known as ‘‘Lake Vesuvius’’, located to the area generally known as ‘‘Mount Bushnell’’. (E) BIG IVY TRACT.—Certain lands in the east of Etna and bounded by State Highway (14) NEW MEXICO.— Pisgah National Forest in North Carolina, 93 to the southwest and State Highway 4 to (A) ANGOSTURA.—Certain lands in the east which comprise approximately 14,000 acres, the northwest in Township 2 North, Range 18 half of the Carson National Forest in New located approximately 15 miles west of West. Mexico, Camino Real Ranger District, total- Mount Mitchell in the area generally known (E) MORGAN SISTERS.—Certain lands in the ing approximately 10,000 acres located in as the ‘‘Big Ivy Tract’’. Ironton Ranger District of the Wayne Na- Township 21, Ranges 12 and 13, known as (F) BLACK MOUNTAINS CLUSTER, NORTH tional Forest, Lawrence County, Ohio, ‘‘Angostura’’. The area’s approximate bound- CAROLINA AREAS.—Certain lands in the Pis- known as ‘‘Morgan Sisters’’, comprising ap- aries are as follows: the northeast boundary gah National Forest, Toecane and Grand- proximately 2,500 acres, located one mile is formed by Highway 518, the southeast father Ranger Districts, totaling approxi- east of Gallia and bounded by State Highway

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6738 CONGRESSIONAL RECORD — SENATE June 27, 1997 233 in Township 6 North, Range 17 West, sec- South Carolina, comprising approximately Backbone, Laurel Mountain, Walnut Moun- tions 13, 14, 23, 24 and Township 5 North, 7,000 acres known as ‘‘Persimmon Moun- tain, Wolf Creek, Meadow Creek Mountain, Range 16 West, sections 18, 19. tain’’. This area is located approximately 12 Brush Creek Mountain, Paint Creek, Bald (F) UTAH RIDGE.—Certain lands in the Ath- miles south of Cashiers, North Carolina. Mountain and Sampson Mountain Extension. ens Ranger District of the Wayne National (H) ROCK GORGE, SOUTH CAROLINA AREA.— These parcels are located near the towns of Forest, Athens County, Ohio, known as Certain lands in the Sumter National Forest, Newport, Hot Springs, Greeneville and ‘‘Utah Ridge’’, comprising approximately Andrew Pickens Ranger District, Oconee Erwin, Tennessee. 9,000 acres, located one mile northwest of County, South Carolina, comprising approxi- (B) BIG FROG/COHUTTA CLUSTER.—Certain Chauncey and bounded by State Highway 682 mately 2,000 acres known as ‘‘Rock Gorge, lands in the Cherokee National Forest, Polk and State Highway 13 to the southeast, US South Carolina Area’’. This area is located 12 County, Tennessee, Ocoee, Hiwassee, and Highway 33 to the southwest and State High- miles southeast of Highlands, North Caro- Tennessee Ranger Districts, comprising ap- way 216 and State Highway 665 to the north. lina. proximately 28,800 acres known as the ‘‘Big (G) WILDCAT HOLLOW.—Certain lands in the (I) TAMASSEE.—Certain lands in the Sum- Frog/Cohutta Cluster’’. This Cluster is com- Athens Ranger District of the Wayne Na- ter National Forest, Andrew Pickens Ranger prised of the following parcels: Big Frog Ex- tional Forest, Perry and Morgan Counties, District, Oconee County, South Carolina, tensions, Little Frog Extensions, Smith Ohio, known as ‘‘Wildcat Hollow’’, com- comprising approximately 5,500 acres known Mountain and Rock Creek. These parcels are prising approximately 4,500 acres, located as ‘‘Tamassee’’. This area is located 10 miles located near the towns of Copperhill, one mile east of Corning in Township 12 north of Walhalla, South Carolina. Ducktown, Turtletown and Benton, Ten- North, Range 14 West, sections 1, 2, 11–14, 23, (J) THRIFT’S FERRY, SOUTH CAROLINA nessee. 24, and Township 8 North, Range 13 West, AREA.—Certain lands in the Sumter National (C) CITICO CREEK WATERSHED CLUSTER TEN- sections 7, 18, 19. Forest, Andrew Pickens Ranger District, NESSEE AREAS.—Certain lands in the Tellico (17) OKLAHOMA: COW CREEK DRAINAGE, OKLA- Oconee County, South Carolina, comprising Ranger District of the Cherokee National HOMA.—Certain lands in the Ouachita Na- approximately 5,000 acres known as ‘‘Thrift’s Forest, Monroe County, Tennessee, com- tional Forest, Mena Ranger District, Le Ferry, South Carolina Area’’. This area is lo- prising approximately 14,256 acres known as Flore County, Oklahoma, comprising ap- cated 10 miles east of Clayton, Georgia. the ‘‘Citico Creek Watershed Cluster, Ten- proximately 3,000 acres, bounded approxi- (20) SOUTH DAKOTA.— nessee Areas’’. This Cluster is comprised of mately by the Beech Creek National Scenic (A) BLACK FOX AREA.—Certain lands in the the following parcels known as: Flats Moun- Area on the west, State Highway 63 on the Black Hills National Forest of South Da- tain, Miller Ridge, Cowcamp Ridge and north and the Arkansas-Oklahoma border on kota, totaling approximately 12,400 acres, lo- Joyce Kilmer-Slickrock Extension. These the east, and County Road 9038 on the south, cated in the upper reaches of the Rapid parcels are located near the town of Tellico known as ‘‘Cow Creek Drainage, Oklahoma’’. Creek watershed known as the ‘‘Black Fox Plains, Tennessee. (18) OREGON: APPLEGATE WILDERNESS.—Cer- Area’’. The area is roughly bounded by FDR (D) IRON MOUNTAINS CLUSTER.—Certain tain lands in the Siskiyou National Forest 206 in the north, the steep slopes north of lands in the Cherokee National Forest, and Rouge River National Forest in Oregon, Forest Road 231 form the southern boundary Watauga Ranger District, totaling approxi- which comprise approximately 20,000 acres, and a fork of Rapid Creek forms the western mately 58,090 acres known as the ‘‘Iron located approximately 20 miles southwest of boundary. Mountains Cluster’’. The cluster is com- the town of Grants Pass and 10 miles south (B) BREAKNECK AREA.—Certain lands in the prised of the following 8 parcels: Big Laurel of Williams, in the area generally known as Black Hills National Forest, South Dakota, Branch Addition, Hickory Flat Branch, Flint the ‘‘Applegate Wilderness’’. totaling 6,700 acres along the northeast edge Mill, Lower Iron Mountain, Upper Iron (19) SOUTH CAROLINA.— of the Black Hills in the vicinity of the Mountain, London Bridge, Beaverdam Creek, (A) BIG SHOALS, SOUTH CAROLINA AREA.— Black Hills National Cemetery and the Bu- and Rodgers Ridge. The cluster is located Certain lands in the Sumter National Forest, reau of Land Management’s Fort Meade near the towns of Briston and Elizabethton, Andrew Pickens Ranger District, Oconee Recreation Area known as the ‘‘Breakneck Sullivan and Johnson Counties, Tennessee. County, South Carolina, comprising approxi- Area’’. The area is generally bounded by For- (E) NORTHERN UNICOI MOUNTAINS CLUSTER.— mately 2,000 acres known as ‘‘Big Shoals, est Roads 139 and 169 on the north, west and Certain lands in the Tellico Ranger District South Carolina Area’’. This area is located 15 south. The eastern and western boundaries of the Cherokee National Forest, Monroe miles south of Highlands, North Carolina. are also demarcated by the ridge-crests di- County, Tennessee, comprising approxi- (B) BRASSTOWN CREEK, SOUTH CAROLINA viding the watershed. mately 30,453 acres known as the ‘‘Northern AREA.—Certain lands in the Sumter National (C) NORBECK PRESERVE.—Certain lands in Unicoi Mountains Cluster’’. This Cluster is Forest, Andrew Pickens Ranger District, the Black Hills National Forest of South Da- comprised of the following parcels known as: Oconee County, South Carolina, comprising kota, totaling approximately 27,766 acres Bald River Gorge Extension, Upper Bald approximately 3,500 acres known as known as the ‘‘Norbeck Preserve’’ encom- River, Sycamore Creek and Brushy Ridge. ‘‘Brasstown Creek, South Carolina Area’’. passed approximately by the following tra- These parcels are located near the town of This area is located approximately 15 miles verse. Starting at the southeast corner, the Tellico Plains, Tennessee. west of Westminster, South Carolina. area boundary runs north along FDR 753 and (F) ROAN MOUNTAINS CLUSTER.—Certain (C) CHAUGA.—Certain lands in the Sumter U.S. Highway Alt. 16, then along SD 244 to lands in the Cherokee National Forest, National Forest, Andrew Pickens Ranger the junction of Palmer Creek Road, which Unaka and Watauga Ranger Districts, total- District, Oconee County, South Carolina, serves generally as a northwest limit. It then ing approximately 23,725 acres known as the comprising approximately 16,000 acres known heads south from the junction of Highways ‘‘Roan Mountain Cluster’’. The cluster is as ‘‘Chauga’’. This area is located approxi- 87–89, southeast along Highway 87, and east comprised of the following seven parcels: mately 10 miles west of Walhalla, South back to FDR 753. A corridor of private land Strawberry Mountain, Highlands of Roan, Carolina. along FDR 345 is excluded. Ripshin Ridge, Doe River Gorge Scenic Area, (D) DARK BOTTOMS.—Certain lands in the (D) PIGER MOUNTAIN AREA.—Certain lands White Rocks Mountain, Slide Hollow and Sumter National Forest, Andrew Pickens in the Black Hills National Forest of South Watauga Reserve. The cluster is located ap- Ranger District, Oconee County, South Caro- Dakota, comprising approximately 12,600 proximately eight to twenty miles south of lina, comprising approximately 4,000 acres acres, known as the ‘‘Pilger Mountain Area’’ the town of Elizabethton, Unicoi, Carter and known as ‘‘Dark Bottoms’’. This area is lo- and located in the Elk Mountains on the Johnson Counties, Tennessee. cated approximately 10 miles northwest of southwest edge of the Black Hills. This area (G) SOUTHERN UNICOI MOUNTAINS CLUSTER.— Westminister, South Carolina. is roughly bounded by Forest Roads 318 and Certain lands in the Hiwassee Ranger Dis- (E) ELLICOTT ROCK EXTENSION, SOUTH CARO- 319 on the east and northeast, Road 312 on trict of the Cherokee National Forest, Polk, LINA AREA.—Certain lands in the Sumter Na- the north and northwest, and private land to Monroe and McMinn Counties, Tennessee, tional Forest, Andrew Pickens Ranger Dis- the southwest. comprising approximately 11,251 acres known trict, Oconee County, South Carolina, com- (E) STAGEBARN CANYONS.—Certain lands in as the ‘‘Southern Unicoi Mountains Clus- prising approximately 2,000 acres known as the Black Hills National Forest, South Da- ter’’. This Cluster is comprised of the fol- ‘‘Ellioctt Rock Extension, South Carolina kota, known as ‘‘Stagebarn Canyons’’, which lowing parcels known as: Gee Creek Exten- Area’’. This area is located approximately 10 comprise approximately 7,300 acres located sion, Coker Creek and Buck Bald. These par- miles south of Cashiers, North Carolina. approximately 10 miles west of Rapid City, cels are located near the towns Etowah, Ben- (F) FIVE FALLS, SOUTH CAROLINA AREA.— South Dakota. ton and Turtletown, Tennessee. Certain lands in the Sumter National Forest, (21) TENNESSEE.— (H) UNAKA MOUNTAINS CLUSTER, TENNESSEE Andrew Pickens Ranger District, Oconee (A) BALD MOUNTAINS CLUSTER, TENNESSEE AREAS.—Certain lands in the Cherokee Na- County, South Carolina, comprising approxi- AREAS.—Certain lands in the Nolichucky and tional Forest, Unaka Ranger District, total- mately 3,500 acres known as ‘‘Five Falls, Unaka Ranger Districts of the Cherokee Na- ing approximately 15,669 acres known as the South Carolina Area’’. This area is located tional Forest, Cooke, Green, Washington and ‘‘Unaka Mountains Cluster, Tennessee approximately 10 miles southeast of Clayton, Unicoi Counties, Tennessee, comprising ap- areas’’. The cluster is comprised of the Georgia. proximately 46,133 acres known as the ‘‘Bald Nolichucky, Unaka Mountain Extension and (G) PERSIMMON MOUNTAIN.—Certain lands Mountains Cluster, Tennessee Areas’’. This Stone Mountain parcels. The cluster is lo- in the Sumter National Forest, Andrew Cluster is comprised of the following parcels cated approximately eight miles from Erwin, Pickens Ranger District, Oconee County, known as: Laurel Hollow Mountain, Devil’s Unicoi and Carter Counties, Tennessee.

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(22) TEXAS: LONGLEAF RIDGE.—Certain lands Lake.’’ The site is located in Bayfield Coun- Ranger District, totaling approximately 1,200 in the Angelina National Forest, Jasper and ty, Wisconsin. acres, known as ‘‘Bonita Grade’’, and includ- Angelina Counties, Texas, comprising ap- (B) GHOST LAKE CLUSTER.—Certain lands in ing parcels near Mountain Lakes, Temple proximately 30,000 acres bounded on the west the Chequamegon National Forest, Great Di- Lake, and Second South Branch, First South by Upland Island Wilderness Area, on the vide Ranger District, totaling approximately Branch, and South Branch Oconto River. The south by the Neches River, and on the north- 6,000 acres, known as ‘‘Ghost Lake Cluster’’ cluster is located in Langlade County, Wis- east by Sam Rayburn Reservoir, generally and including parcels known as Chost Lake, consin. known as ‘‘Longleaf Ridge’’. Perch Lake, Lower Teal River, Foo Lake, (K) FRANKLIN AND BUTTERNUT LAKES CLUS- (23) VERMONT.— and Bulldog Springs. The cluster is located TER.—Certain lands in the Nicolet National (A) GLASTENBURY AREA.—Certain lands in in Sawyer County, Wisconsin. Forest, Eagle River-Florence Ranger Dis- the Green Mountain National Forest in (C) LAKE OWENS CLUSTER.—Certain lands in trict, totaling approximately 12,000 acres, Vermont, which comprise approximately the Chequamegon National Forest, Great Di- known as ‘‘Franklin and Butternut Lakes 35,000 acres, located 3 miles northeast of vide and Washburn Ranger Districts, total- Cluster’’, and including parcels known as Bennington, bounded by Kelly Stand Road to ing approximately 3,600 acres, known as Bose Lake Hemlocks, Luna White Deer, Echo the North, Forest Road 71 to the east, Route ‘‘Lake Owens Cluster’’ and including parcels Lake, Franklin and Butternut Lakes, Wolf 9 to the south and Route 7 to the west, gen- known as or near Lake Owens, Sage, Hidden, Lake, Upper Ninemile, Meadow, and Bailey erally known as the ‘‘Glastenbury Area’’. and Deer Lick Lakes, Eighteenmile Creek, Creeks. The cluster is located in Forest and (B) LAMB BROOK.—Certain lands in the and Northeast and Sugarbush Lakes. The Onieda Counties, Wisconsin. Green Mountain National Forest in cluster is in Bayfield County, Wisconsin. (L) LAUTERMAN LAKE AND KIEPER CREEK.— Vermont, which comprise approximately (D) MEDFORD CLUSTER.—Certain lands in Certain lands in the Nicolet National Forest, 5,500 acres, located 3 miles southwest of Wil- the Chequamegon National Forest, Medford- Eagle River-Florence Ranger District, total- mington, bounded on the west and south by Park Falls Ranger District, totaling approxi- ing approximately 2,500 acres, known as Routes 8 and 100, on the north by Route 9, mately 23,000 acres, known as the ‘‘Medford ‘‘Lauterman Lake and Kieper Creek’’, lo- and on the east by New England Power Com- Cluster,’’ and including parcels known as cated in Florence County, Wisconsin. County E. Hardwoods, Silver Creek/ pany lands, generally known as ‘‘Lamb (26) WYOMING: SAND CREEK AREA.—Certain Brook’’. Mondeaux River Bottoms, Lost Lake Esker, lands in the Black Hills National Forest, to- North and South Fork Yellow Rivers, Bear (C) ROBERT FROST MOUNTAIN AREA.—Certain taling approximately 8,300 acres known as lands in the Green Mountain National For- Creek, Brush Creek, Chequamegon Waters, the ‘‘Sand Creek Area’’, located in Crook est, Vermont, comprising approximately John’s and Joseph Creeks, Hay Creek Pine- County, Wyoming. This area is situated in 8,500 acres, known as ‘‘Robert Frost Moun- Flatwoods, 558 Hardwoods, Richter Lake, and the far northwest corner of the Black Hills. tain Area’’, northeast by Middlebury, con- Lower Yellow River. The cluster is located in Beginning in the northwest corner and pro- Taylor County, Wisconsin. sisting of the Forest Service lands bounded ceeding counterclockwise, the boundary for (E) PARK FALLS CLUSTER.—Certain lands in the Sand Creek Area roughly follows Forest on the west by Route 116, on the north by the Chequamegon National Forest, Medford- Road 863, 866, 866.1B, a line linking 866.1B to Bristol Notch Road, on the east by Lincoln/ Park Falls Ranger District, totaling approxi- Ripton Road and on the south by Route 125. mately 23,000 acres, known as ‘‘Park Falls 802.1B, 802.1B, 802.1, an unnamed road, Spot- (24) VIRGINIA.— Cluster,’’ and including parcels known as ted Tail Creek (excluding all private lands), (A) BEAR CREEK.—Certain lands known as Sixteen Lakes, Chippewa Trail, Tucker and 8219.1, a line connecting 829.1 with 864, 852.1 ‘‘Bear Creek’’, in the Jefferson National For- Amik Lakes, Lower Rice Creek, Doering and a line connecting 852.1 with 863. est, Wythe Ranger District, north of Rural (d) COMMITTEE OF SCIENTISTS.— Tract, Foulds Creek, Bootjack Conifers, Retreat, Smyth and Wythe Counties, Vir- (1) ESTABLISHMENT.—The Secretaries con- Pond, Mud and Riley Lake Peatlands, Little ginia. cerned shall appoint a committee consisting Willow Drumlin, and Elk River. The cluster (B) CAVE SPRINGS.—Certain lands known as of scientists who— is located in Price and Vilas Counties, Wis- ‘‘Cave Springs’’, in the Jefferson National (A) are not officers or employees of the consin. Federal Government; Forest, Clinch Ranger District, comprising (F) PENOKEE MOUNTAIN CLUSTER.—Certain (B) are not officers or employees of any en- approximately 3,000 acres located between lands in the Chequamegon National Forest, tity engaged in whole or in part in the pro- State Route 621 and the North Fork of the Great Divide Ranger District, totaling ap- duction of wood or wood products; and Powell River, Lee County, Virginia. proximately 23,000 acres, known as ‘‘Penokee (C) have not contracted with or rep- (C) DISMAL CREEK.—Certain lands known as Mountain Cluster’’, and including parcels resented any such entities within a 5-year ‘‘Dismal Creek’’ totaling approximately 6,000 known as or near St. Peters Dome, period prior to serving on the committee. acres in the Jefferson National Forest, Brunsweiler River Gorge, Lake Three, (2) RECOMMENDATIONS FOR ADDITIONAL SPE- Blacksburg Ranger District, north of State Marengo River and Brunsweiler River Semi- CIAL AREAS.—Within 2 years of the date of Route 42, Giles and Bland Counties, Virginia. primitive Non-motorized Areas, Hell Hole the enactment of this Act, the committee (D) STONE COAL CREEK.—Certain lands Creek, and the North County Trail Hard- shall provide Congress with recommenda- known as ‘‘Stone Coal Creek’’, totaling ap- woods. The cluster is located in Ashland and tions for additional Special Areas. proximately 2,000 acres in the Jefferson Na- Bayfield Counties, Wisconsin. (3) CANDIDATE AREAS.—Candidate areas for tional Forest, New Castle Ranger District, (G) SOUTHEAST GREAT DIVIDE CLUSTER.— recommendation as additional Special Area Craig and Botentourt Counties, Virginia. Certain lands in the Chequamegon National (E) WHITE OAK RIDGE: TERRAPIN MOUN- Forest, Medford Park Falls Ranger District, shall have outstanding biological values that TAIN.—Certain lands known as ‘‘White Oak totaling approximately 25,000 acres, known are exemplary on a regional, national, or Ridge—Terrapin Mountain’’, totaling ap- as the ‘‘Southeast Great Divide Cluster’’, international level. Biological values in- proximately 8,000 acres, Glenwood Ranger and including parcels known as or near clude— (A) the presence of threatened or endan- District of the Jefferson National Forest, Snoose Lake, Cub Lake, Springbrook Hard- east of the Blue Ridge Parkway, Botetourt woods, upper Moose River, East Fork Chip- gered species of plants or animals; (B) rare or endangered ecosystems; and Rockbridge Counties, Virginia. pewa River, upper Torch River, Venison (C) key habitats necessary for the recovery (F) WHITETOP MOUNTAIN.—Certain lands in Creek, upper Brunet River, Bear Lake the Jefferson National Forest, Mt. Rodgers or endangered or threatened species; Slough, and No-name Lake. The Cluster is (D) recovery or restoration areas of rare or Recreation Area, comprising 3,500 acres in located in Ashland and Sawyer Counties, Washington, Smyth and Grayson Counties, underrepresented forest ecosystems; Wisconsin. (E) migration corridors; Virginia, known as ‘‘Whitetop Mountain’’. (H) DIAMOND ROOF CLUSTER.—Certain lands (F) areas of outstanding biodiversity; (G) WILSON MOUNTAIN.—Certain lands in the Nicolet National Forest, Lakewood- (G) old growth forests; known as ‘‘Wilson Mountain,’’ comprising Laona Ranger District, totaling approxi- (H) commercial fisheries; and approximately 5,100 acres in the Jefferson mately 6,000 acres, known as ‘‘Diamond Roof (I) sources of clean water such as key wa- National Forest, Glenwood Ranger District, Cluster’’, including parcels known as tersheds. east of Interstate 81, Botetourt and McCaslin Creek, Ada Lake, Section 10 Lake, (4) GOVERNING PRINCIPLE.—The committee Rockbridge Counties, Virginia. and Diamond Roof. The cluster is located in shall adhere to the principles of conservation (H) FEATHERCAMP.—Certain lands located Forest, Langlade, and Oconto Counties, Wis- biology in identifying Special Areas based on in the Mt. Rodgers Recreation Area of the consin. biological values. Jefferson National Forest, comprising 4,974 (I) ARGONNE FOREST CLUSTER.—Certain SEC. 203. RESTRICTIONS ON MANAGEMENT AC- acres, known as ‘‘Feathercamp,’’ in Wash- lands in the Nicolet National Forest, Eagle TIVITIES IN ANCIENT FORESTS, ington County, Virginia, located northeast River-Florence Ranger District, totaling ap- ROADLESS AREAS, WATERSHED PRO- of the town of Damascus and north of State proximately 12,000 acres, known as ‘‘Argonne TECTION AREAS, SPECIAL AREAS, Route 58 on the Feathercamp ridge. Forest Cluster’’ and including parcels known AND FEDERAL BOUNDARY AREAS. (25) WISCONSIN.— as Argonne Experimental Forest, Scott (a) RESTRICTION OF MANAGEMENT ACTIVI- (A) FLYNN LAKE.—Certain lands in the Creek, Atkins Lake, and Island Swamp. The TIES IN ANCIENT FORESTS.—With respect to Chequamegon National Forest, Washburn cluster is located in Forest County, Wis- Ancient Forests on Federal lands, the fol- Ranger District, totaling approximately 5,700 consin. lowing prohibitions shall apply: acres within the Flynn Lake Semi-primitive (J) BONITA GRADE.—Certain lands in the (1) No roads shall be constructed or recon- Non-motorized Area, known as ‘‘Flynn Nicolet National Forest, Lakewood-Laona structed.

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6740 CONGRESSIONAL RECORD — SENATE June 27, 1997 (2) No extractive logging shall be per- attorney’s fees, witness fees and other nec- Boston, a company that advises firms mitted. essary expenses. The damage award shall be on how to improve work and family (3) No improvements for the purpose of ex- paid by the violator of violators designated programs. A 1991 estimate by the Child tractive logging shall be permitted. by the court to the U.S. Treasury. The dam- Care Action Committee, a national (b) RESTRICTION OF MANAGEMENT ACTIVI- age award shall be paid from the U.S. Treas- TIES IN ROADLESS AREAS.—With respect to ury, as provided by Congress under section child care advocacy group, found that Roadless Areas on Federal lands except mili- 1304 of title 31, United States Code, within 40 U.S. businesses lose $3 billion a year tary installations, the following prohibitions days after judgment to the person or persons because of child care related absences. shall apply: designated to receive it, to be applied in pro- The cost of child care for families is (1) No roads shall be constructed or recon- tecting or restoring native biodiversity in or also significant. A 1995 report by the structed. adjoining Federal land. Any award of costs of Census Bureau showed that in 1993, the (2) No extractive logging shall be per- litigation and any award of attorney fees average weekly child care cost per ar- mitted. shall be paid within 40 days after judgment. rangement paid by families with em- (3) No improvements for the purpose of ex- (6) WAIVER.—The United States, including tractive logging shall be permitted. its agents and employees waives its sov- ployed mothers was $57. Parents using (c) RESTRICTION OF MANAGEMENT ACTIVI- ereign immunity in all respects in all ac- organized child care facilities paid the TIES IN WATERSHED PROTECTION AREAS.— tions under this subsection. No notice is re- most per arrangement at around $65 With respect to Watershed Protection Areas quired to enforce this subsection. per week. Child care is even more ex- on Federal lands except military installa- pensive in metropolitan areas than tions, the following prohibitions shall apply: By Mr. SPECTER: nonmetropolitan areas, averaging $80 (1) No roads shall be constructed or recon- S. 978. A bill to amend the Internal per week versus $55 per week. I know structed. Revenue Code of 1986 to allow employ- that licensed day care centers in some (2) No extractive logging shall be per- ers a credit for a portion of the ex- mitted. urban areas cost as much as $200 per (3) No improvements for the purpose of ex- penses of providing dependent care week, which is quite a burden on fami- tractive logging shall be permitted. services to employees, and for other lies which need the second income. (d) RESTRICTION OF MANAGEMENT ACTIVI- purposes; to the Committee on Fi- These figures serve to underscore the TIES IN SPECIAL AREAS.—With respect to Spe- nance. need for action on the part of the Fed- cial Areas on Federal lands, the following THE AFFORDABLE CHILD CARE ACT eral Government to provide the nec- prohibitions shall apply: Mr. SPECTER. Mr. President, I have (1) No roads shall be constructed or recon- essary assistance to our Nation’s work- structed. sought recognition to introduce the Af- ing families. (2) No extractive logging shall be per- fordable Child Care Act, which will Accordingly, the legislation I am pro- mitted, and ease the financial burden of child care posing today would provide a tax credit (3) No improvements for the purpose of ex- for working families by reducing the to businesses that provide licensed, on- tractive logging shall be permitted. cost of day care. I would like to com- site or site-adjacent child care for their (e) RESTRICTION OF MANAGEMENT ACTIVI- mend Congressman JON FOX from employees. Employers would be eligi- TIES IN FEDERAL BOUNDARY AREAS.—With re- Pennsylvania’s 13th District, who has spect to Federal Boundary Areas on Federal ble for a tax credit equal to 50 percent lands, the following prohibitions shall apply: sponsored this legislation in the House. of the net cost of providing dependent (1) No roads shall be constructed or recon- Our bill would provide a tax credit for care services at a child day care facil- structed. employers who provide on-site or site- ity for employees. This bill also pro- (2) No extractive logging shall be per- adjacent child care to their employees vides, however, that no credit shall be mitted, and in order to reduce the child care ex- allocated unless the employer certifies (3) No improvements for the purpose of ex- penses of the employee. that the amount of such a credit is tractive logging shall be permitted. Many employees have expressed sup- passed on to the employees using the (f) MAINTENANCE OF EXISTING ROADS.—The port for on-site day care facilities, above restrictions on the reconstruction of provider day care in the form of re- roads on Federal lands in Ancient Forests, which allow parents to spend more duced child care costs. Roadless, Areas, Watershed Protection time with their children during the The Affordable Child Care Act com- Areas, Special Areas, and Federal Boundary day, such as over the lunch hour. On- plements my recent efforts to assist Areas does not prohibit the maintenance of site child care may not be the best op- working families in a number of areas. an improved road, or any road accessing pri- tion for all families. Many families When Congress debated welfare reform vate inholdings, with the exception that any rely on relatives, centers operated by in 1995 and 1996, I worked to ensure roads which the Secretary concerned deter- churches and other religious organiza- that adequate funds were provided for mines to have been abandoned before the en- tions, or make other arrangements to actment of this act shall not be maintained child care, a critical component for or reconstructed. provide care for their children while welfare mothers who would be required (g) ENFORCEMENT.— they work. However, it is my view that to work to receive new limited welfare (1) PURPOSE AND FINDING.—The purpose of this bill represents a good start toward benefits. I am pleased that the welfare this subsection is to foster the widest pos- reducing the cost of child care for reform bill that became law provides sible enforcement of this section. Congress many Americans. $20 billion in child care funding over a finds that all people of the United States are The need for affordable and acces- 6-year period. injured by actions on lands to which this sec- sible day care is critical given the in- Providing health insurance for chil- tion applies. creasing numbers of working parents dren is also a top priority of mine, and (2) FEDERAL ENFORCEMENT.—The provisions of this section shall be enforced by the Sec- and dual-income families in the United I have sponsored legislation to estab- retary concerned and the Attorney General States. According to the Bureau of the lish a discretionary pilot program to of the United States against any person who Census, in 1975, 31 percent of married cover the 4.2 million children of the violates this section. mothers with a child younger than age working poor, who are not eligible for (3) CITIZEN SUITS.—Any citizen harmed by a 1 participated in the labor force. By Medicaid but whose parents cannot af- violation of this Act may enforce any provi- 1995, that figure had risen to 59 percent. ford private insurance. I am also a co- sion of this section by bringing an action for Almost 64 percent of married mothers sponsor of legislation introduced by my declaratory judgment, temporary restraining and 53 percent of single mothers with order, injunction, statutory damages, and colleagues, Senators CHAFEE and other remedies against any alleged violator children younger than age six partici- ROCKEFELLER, to expand the Medicaid including the United States, in any district pated in the labor force in 1995. Program to cover children whose fami- court of the United States. Yet, as reported by the Pittsburgh lies earn up to 150 percent of the Fed- (4) STANDARD OF PROOF.—The standard of Post-Gazette on June 5, 1996, only 13 eral poverty level. proof in all actions brought under this sub- percent of all major U.S. companies To encourage the adoption of chil- section shall be the preponderance of the evi- provide some form of on-site day care. dren into healthy and stable families, dence and the trial shall be de novo. Further, it costs at least $1 million to last April I introduced the Adoption (5) DAMAGE AWARD.—The court, after deter- start up such a day care center. About Promotion Act of 1996 (S. 1715) with 13 mining a violation of this section, shall im- pose a damage award of not less than $5,000, 70 percent of working parents missed at other Senators to provide tax credits shall issue one or more injunctions and other least 1 work day in the past year be- for families that adopt. Subsequently, equitable relief, and shall award to the plain- cause of child-related problems, ac- a broader piece of tax legislation, the tiffs reasonable costs of litigation including cording to Work Family Directions of Small Business Job Protection Act of

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6741 1996, was passed by Congress and signed medications, and helping with trans- THE SCHOOL OF THE AMERICAS CLOSURE ACT OF into law on August 20, 1996. This act in- portation and personal care. Many peo- 1997 cluded a $5,000 adoption tax credit for ple needing care are chronically ill. Mr. DURBIN. Mr. President, I rise qualified adoption expenses and a $6,000 More than one in five caregivers, or today to call upon my colleagues to tax credit for special needs adoptions, about 5 million households nationwide, support a bill to close the School of the and was much like our legislation. I re- take care of someone with Alzheimer’s Americas. cently reintroduced legislation to in- disease, confusion, dementia or forget- The School of the Americas is an in- crease the tax credit for special needs fulness. stitute that has outlived its usefulness adoptions for $7,500, and permit pen- Today, millions of American families and its purpose. SOA was established alty-free withdrawals from Individual face a no-win situation when an elderly over 50 years ago. Its mission is to pro- Retirement Accounts up to $2,000 for family member is no longer able to live vide military education and training to adoption expenses. independently. Taking a loved one into military personnel of Central America, In conclusion, Mr. President, encour- the family home may be much desired South America, and Caribbean coun- aging businesses to provide affordable instead of having to see a person im- tries. The training provided at the child care for their employees will help poverished by the Medicaid eligibility school in tactical intelligence, infantry provide peace of mind to those in our rules and left a ward of the State, liv- tactics, combat skills, and battle plan- Nation struggling to balance career ing in a nursing home. Obviously, on ning was designed in accordance with and family. I urge my colleagues to the other hand, very few families can U.S. strategy of a bygone era: to create join me in cosponsoring this important afford to pay for private nursing home a Latin and South American staging legislation, and I urge its swift adop- care themselves. But, bringing an el- area to thwart the Communist threat. tion. derly relative into the family home is But times have changed and there is no costly. Our public policy should recog- longer a Soviet bloc threatening to at- By Mr. SPECTER: nize this dilemma and support those tack the United States. Unfortunately, S. 979. A bill to provide a tax credit loving families seeking to care for the SOA has not successfully adapted to to families with elderly family mem- elderly with their own resources in the great changes in the world since bers living in the family home; to the their own homes. the 1992 breakup of the Soviet Union. Committee on Finance. Despite attempts made over the past Currently, there are more than 33.5 TAX CREDIT LEGISLATION couple of years to update the cur- million Americans who are 65 years of Mr. SPECTER. Mr. President, I have riculum and improve the selection age and older. In my own State of sought recognition to introduce legis- process for students and the quality of Pennsylvania, there are 2 million indi- lation that would provide a $2,500 tax the teaching staff, SOA remains an viduals 65 years of age and older. Many credit for individuals or families with anachronism. elderly family members living in the of these seniors live independent lives. In the post-cold-war era, we need to family home. As we all know, our Na- However, nationwide approximately 3.9 strengthen civilian institutions in tion’s population is living longer. With million of our elderly citizens live with Latin America and help these countries advances in medical treatment, im- relatives other than their spouse and continue to reform their militaries. provements in the Nation’s nutrition, an additional 1.7 million seniors live in This region contains some of the most and the development of drugs to com- nursing homes. My amendment would fragile democracies which need our bat infectious diseases, our Nation’s el- provide a $2,500 tax credit to individ- support in encouraging democratically derly population is expected to more uals or families who care for an elderly elected governments, the role of civil- than double by the year 2050. This de- family member in the family home. In ian institutions and economic sta- mographic change presents a unique order to qualify for this tax credit, the bility. Our focus should be on sup- challenge to America, and it is our elderly family member would have to porting these nascent civilian govern- duty to work together to ensure that be at least 65 years old, would have to ments and helping them shift author- our Nation’s elderly and every genera- reside with their family at least half of ity away from their militaries. tion of American families maintain a the taxable year, and must have been I also believe the school should be high quality of life. eligible under current law to be closed because of its past links to nu- Since the Great Depression, our Gov- claimed as a dependent on the family’s merous military personnel who have ernment has instituted several ex- tax return. committed some of the most heinous tremely successful social insurance With this amendment, families will crimes of recent memory. SOA grad- programs to protect the elderly. The be given the vital assistance necessary uates include: Panamanian dictator Social Security Program has provided to provide care to seniors in their and drug dealer, Manuel Noriega; 19 an income security net, and the Medi- homes. It will also provide flexibility Salvadoran soldiers linked to the 1989 care Program has insured that senior to families who would like to provide murder of 6 Jesuit priests, their house- citizens are afforded access to medical care to family members in their home keeper and her daughter; El Salvador care. Many families, however, are faced rather than place these seniors in insti- death squad leader, Roberto with difficult decisions when elderly tutionalized care facilities, but are D’Aubuisson; Argentinian dictator, family members are no longer able to otherwise unable to afford this finan- Leopoldo Galtieri; three of the five of- live alone. Many of these seniors are cial commitment. In Congress, we have ficers involved in the 1980 rape and brought into the family home. Others made many speeches about strength- murder of four United States church- are placed in institutional nursing fa- ening the American family and about women in El Salvador; and 10 of the 12 cilities. providing support for our Nations sen- officers responsible for the murder of While multigenerational families are ior citizens. This bill would accomplish 900 civilians in the El Salvadoran vil- not a new phenomenon in America, a both of these important goals. I urge lage, El Mozote. These criminals, mul- new survey released by the National my colleagues to join with me in sup- tiple murderers, and rapists are former Alliance for Caregiving illustrates how port of this bill to find real solutions to students and graduates of the School of contemporary multigenerational fami- the real problems faced by the growing the Americas where they received their lies are faced with extraordinary pres- numbers of caregivers and senior citi- military and counterinsurgency train- sures. Nearly two of three individuals zens in America. ing. who provide care to elderly family The U.S. military has readily admit- members are employed full or part By Mr. DURBIN (for himself, Mr. ted that these SOA graduates were time, and about half have reported that KERRY, Mr. FEINGOLD, Mrs. guilty of these atrocities. These admis- their caretaking duties have made FEINSTEIN, and Mr. sions are an embarrassment to the them late for work, forced them to WELLSTONE): United States and to our reputation as come home early or to take time off. S. 980. A bill to require the Secretary a leader in promoting human rights These caregivers spend an average of 18 of the Army to close the U.S. Army throughout the world. hours a week taking care of loved ones, School of the Americas; to the Com- In addition, recently the Pentagon grocery shopping, managing their mittee on Armed Services. released the training manuals used at

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6742 CONGRESSIONAL RECORD — SENATE June 27, 1997 SOA from 1982 to 1991. These manuals times to request additional disclosure This bill would require agencies, contained instruction in torture and of SOA policies, curriculums, training when issuing rules that have a major extortion techniques. These manuals manuals and other materials so that impact on the economy or a sector of are inconsistent with U.S. policy and the history of the school can be fully the economy, to do a cost-benefit anal- democratic ideals. I am concerned that understood. ysis to determine whether the benefits there might be other former students, The horrendous record of the SOA of the rule justify its costs and to de- trained with these manuals and guilty has inspired hundreds of Wisconsin termine whether the regulatory option of human rights abuses but who have residents to contact my office to ex- chosen by the agency is more cost ef- not as yet come to public attention. press their support for closing this fective or provides greater net benefits Some have suggested that if SOA is school. Numerous organizations, in- than other regulatory options consid- revamped and reorganized that it could cluding Public Citizen, the Washington ered by the agency. If the rule involves still serve a useful purpose. I disagree. Office on Latin America and Human a risk to health, safety or the environ- SOA cannot be salvaged. Its reputation Rights Watch also support the elimi- ment, the bill requires the agency to do is too tarnished and its name is too nation of SOA. a risk assessment as part of the anal- As a member of the Senate Com- closely linked to the assassins and rap- ysis of the benefits of the rule. ists who were trained there. The mittee on Foreign Relations, I am com- The bill also requires agencies that United States cannot deny the human mitted to promoting human rights issue major rules to establish advisory rights violations inflicted by the grad- throughout the world. In my view, our committees to identify existing rules uates of SOA. But, we still need to find Government cannot continue to sup- that the agency should consider for re- a resolution for these terrible events. I port the existence of a school that view because they have the potential, believe that closing SOA is the only counts so many murderers among its if modified, to achieve significantly alumni. While I do not doubt that it way to finally break with this chapter greater net benefits. It would also cod- can be in our national interest to con- in U.S. history. ify the review procedure now conducted duct military training with our friends Our South American neighbors need by the Office of Information and Regu- and partners, it is unexcusable that to know that human rights and demo- latory Affairs [OIRA] and require pub- such military training should take cratic values are held in high esteem in lic disclosure of OIRA’s review process. the United States. We are hampered in place at an institution with the reputa- The bill is significantly different making this claim as long as the tion of the School of the Americas. from S. 343, the Dole-Johnston bill This bill gives Members of the Senate School of the Americas remains open. which I strongly opposed and which an opportunity to separate the legiti- The continued funding of SOA does not was rejected by the Senate in the 104th mate training exercises conducted by fit into the United States long-term Congress. the U.S. military from the sordid acts strategy for the Latin American region It does not create a supermandate of many individuals who have been and undermines our credibility on that would amend existing laws nor trained at SOA. We must lift the cloud human rights issues in this hemi- does it contain mandatory decisional of suspicion that has fallen on these sphere. I call upon my colleagues to co- criteria that would establish new programs by closing SOA once and for sponsor this legislation and support standards for an agency to meet. It all. does require agencies to conduct cost- the closure of the School of the Amer- Not only are the human costs of this icas. training program unjustifiable, but so benefit analyses for major rules and ex- Mr. FEINGOLD. Mr. President, I am are its monetary costs. With a national plain whether the benefits of the rules pleased to rise as an original cosponsor debt in excess of $5 trillion, every Fed- justify the costs and whether the rule of the legislation being introduced eral program needs to be carefully is cost-effective than the other alter- today by the Senator from Illinois [Mr. scrutinized to ensure that Federal tax natives considered by the agency. It DURBIN] to close the U.S. Army School dollars are wisely spent. Given the end does not mandate the outcome of the of the Americas [SOA] located at Fort of the cold war, and in light of docu- process, only the process itself. Benning, GA. ments indicating the SOA training pro- It does not provide for judicial review SOA was created in 1946 to train gram provided instruction in tech- of the process for, or the contents of, Latin American military officers in niques which violate human rights the cost-benefit analysis or risk assess- combat and counterinsurgency skills, standards, I feel that the School of ment. The cost-benefit analysis and with the goal of professionalizing Latin Americas is an unwise expenditure, and risk assessment are made part of the American armies and strengthening de- I support eliminating it as soon as pos- rulemaking record for judicial review mocracies. Originally located in Pan- sible. of whether the final rule is reasonable. ama, the SOA moved to Fort Benning It does not provide for a petition in 1948. There has been a great deal of By Mr. LEVIN (for himself, Mr. process for challenging existing rules. controversy surrounding the types of THOMPSON, Mr. GLENN, Mr. It provides for advisory committees to leaders that have graduated from the ABRAHAM, Mr. ROBB, Mr. ROTH, identify rules for possible review, gives SOA, leading it to be called the School Mr. ROCKEFELLER and Mr. STE- the agency head the discretion to se- for Dictators. Some of SOA’s graduates VENS): lect rules for review especially taking include Manuel Noriega, at least 19 S. 981. A bill to provide for analysis into account the resources of the agen- Salvadorean officers implicated by El of major rules; to the Committee on cy, and requires the agency to review Salvador’s Truth Commission in the Governmental Affairs. the rules scheduled for review in 5 murder of 6 Jesuit priests, and officers THE REGULATORY IMPROVEMENT ACT OF 1997 years. who participated in the coup against Mr. LEVIN. Mr. President, today Mr. President, many people think former Haitian president Jean- Senator THOMPSON and I are joined by that when many of us fought hard Bertrand Aristide. Senators GLENN, ABRAHAM, ROBB, against the Dole-Johnston bill that we In 1991, following an internal inves- ROCKEFELLER, ROTH, and STEVENS in didn’t really want to reform the regu- tigation, the Pentagon removed certain introducing the Regulatory Improve- latory process. Well they are wrong. SOA training manuals from circula- ment Act of 1997. The bill would put Many of us were disappointed that we tion. On September 22, 1996, the Pen- into law—first, basic requirements for were unable to pass a comprehensive tagon released the full text of those cost-benefit analysis and risk assess- regulatory reform bill in the last Con- training manuals and acknowledged ment of major rules; second, a process gress. We weren’t going to support bad that some of those manuals provided for the review of existing rules where reform, but that doesn’t mean we instruction in techniques that, in the there is a possibility of achieving sig- didn’t want to see good reform. Those Pentagon’s words, were ‘‘clearly objec- nificantly greater net benefits; and of us who believe in the benefits of reg- tionable and possibly illegal.’’ The third, executive oversight of the rule- ulation to protect health and safety techniques in question included tor- making process. It builds on the bipar- have a particular responsibility to ture, extortion, false arrest, and execu- tisan Roth-Glenn bill that was unani- make sure that regulations are sensible tion. I and other Senators have written mously reported out of the Govern- and cost-effective. When they aren’t, the Department of Defense several mental Affairs Committee in 1995. the regulatory process—which is so

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6743 vital to our health and well being We define benefits very broadly—ex- not in any way a decisional criteria —comes under constant attack . By pressly taking into account nonquan- that the agency must meet. This only providing a common sense, moderate tifiable benefits. There is nothing in requires the agency to make its assess- and open regulatory process, we are this bill that suggests that the assess- ment. And, if, as the agency is free to contributing to the well being of that ment of benefits by an agency should do, it chooses a regulatory option process and immunizing it from the at- be only quantifiable. On the contrary, where the benefits do not justify the tacks on excesses. this bill explicitly recognizes that costs or that is not more cost effective Mr. President, I’ve fought for regu- many important benefits may be non- or does not provide greater net benefits latory reform since 1979, the year I quantifiable, and that agencies have than the other options, the agency is came to the Senate. I even had as part the right and authority to fully con- required to explain why it did what it of my platform back in 1978, the legis- sider such benefits when doing the did and list the factors that caused it lative veto—which would give Congress cost-benefit analysis and when deter- to so. Those factors could be a statute, the chance to block excessively costly mining whether the benefits justify the a policy judgment, uncertainties in the and burdensome regulations before costs. We emphatically do not intend data and the like. There is no added ju- they take effect. That was my battle for the benefits part of the equation in dicial scrutiny of a rule provided for or cry for years. I worked with former the cost-benefit analysis to be limited intended by this section. The final rule Senator Boren, for instance, trying to to merely those benefits that are quan- must still stand or fall based on wheth- get an across-the-board legislative veto tifiable. er the court finds that the rule is arbi- bill enacted into law. Last Congress we We direct the agencies to consider trary or capricious in light of the were finally able to get a version of regulatory options that provide flexi- whole rulemaking record. That is the that adopted. bility, where possible, to the regulated current standard of judicial review. I was also the author of the Regu- parties. I have been a longtime pro- The bill says that if an agency can- latory Negotiation Act which was ponent of performance standards in not make the determinations required passed in 1990 and reauthorized in 1995 regulations and not the so-called com- by the bill, it has to say why it can’t. to encourage agencies to use the colle- mand and control approach. This bill Use of the word cannot does not mean gial process of negotiation in devel- urges the agencies to include in its that an agency rule can be overturned oping certain rules in order to avoid identification of possible regulatory by a court for its failure to pick an op- the delays and costs inherent in the approaches that permit flexibility in tion that would permit the agency to otherwise adversarial process. achieving the required goal, either make the determinations required by As for an overall regulatory reform through performance standards or mar- the bill. The agency is free to use its bill, I’ve supported such legislation ket type mechanisms. discretion to regulate under the sub- since 1980, when the Senate first passed The definition of major rule, to stantive statute, and there is no impli- S. 1080, the Laxalt-Leahy bill only to which the provisions of this bill apply, cation that such rule must meet the have it die later that year in the is limited to those with a $100 million standards described in the determina- House. impact on the economy and those oth- tions subsection. It does mean, though, At the same time, I took a strong erwise designated by the Administrator that the agency is required to make stand against several damaging regu- of the Office of Information and Regu- such determinations and let the public latory reform proposals from the House latory Affairs [OIRA]. know why it picked the regulatory op- including an overall moratorium of The bill requires an agency issuing a tion that it did, and if it can’t say, or regulations and against the Dole-John- major rule to evaluate the benefits and determine, that the regulatory option ston bill in the Senate. I will not sup- costs of a ‘‘reasonable number of rea- it chose is the most cost effective or port any regulatory reform proposal sonable alternatives reflecting the provides greatest net benefits, it must that I believe would roll back impor- range of regulatory options that would say why it chose it. This legislation re- tant environmental, public health and achieve the objective of the statute as quires only that the agency be up front safety protections. Nor will I support addressed by the rulemaking.’’ I am with the public as to just how cost ben- any regulatory reform proposal that I quoting these words, because they are eficial and cost effective its regulatory believe will lead to gridlock in the significant. The bill doesn’t require an proposal is. agencies or the courts. We certainly agency to look at all the possible alter- The risk assessment requirement in don’t need that. natives, just a reasonable number; but this bill, unlike previous bills, is not We do need—better cost-benefit anal- it does require the agency to pick a se- unduly proscriptive. It establishes ysis and risk assessment, more flexi- lection of options that are available to basic elements for performing risk as- bility for the regulated industries to it within the range of the rulemaking sessments, many of which, again, will reach legislative goals in a variety of objective. provide transparency for an agency’s ways, more cooperative efforts between This cost-benefit analysis, of which development of a rule, and it requires government and industry and less ‘‘us any risk assessment would be a part, is guidelines for such assessments to be versus them’’ attitudes. intended to be transparent to the pub- issued by OIRA in consultation with Based on these common principles, lic; that is, those of us outside the the Office of Science and Technology Senator THOMPSON and I have been agency—Congress, the regulated com- Policy. working for months on this legislative munity, the beneficiaries of the regula- Peer review, Mr. President, is re- proposal that I hope will yield a more tion, the general public—should be able quired by this bill for both cost-benefit rational and fair regulatory process to see and understand the thinking the analyses and risk assessments, but and better, more flexible, more cost-ef- agency used to select the regulatory only once per rule. Peer review is not fective and more enforceable regula- option it did, as well as the underlying required at both the proposed and final tions. scientific and/or economic data. Agen- rule stages. There is great concern in Let me highlight some important cies should not hide the important in- the public interest community, that features of this legislation. formation that forms the basis of their there will not be sufficient personnel First, we say right from the begin- regulatory actions. available with appropriate expertise ning, in the section on findings, that Another important provision of this and independence to serve on each of cost-benefit analysis and risk assess- bill is the one that requires the agency these peer review bodies. I am hoping ment are useful tools to help agencies to make a reasonable determination to pursue that issue at greater length issue reasonable regulations. But they whether the benefits of the rule justify during our committee hearings. are only tools; they are not the sole the costs and whether the regulatory There is a similar concern by the basis upon which regulations should be option selected by the agency is sub- public interest sector as to the avail- developed or issued. They do not, we stantially likely to achieve the objec- ability of a balanced cross-section of explicitly state, they do not replace tive of the rulemaking in a more cost individuals to serve on the advisory the need for good judgment and the effective manner or with greater net committees required for the review of agencies’ consideration of social values benefits than the other regulatory op- rules. Service on such bodies obviously in deciding when and how to regulate. tions considered by the agency. This is takes time and expertise and both of

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6744 CONGRESSIONAL RECORD — SENATE June 27, 1997 those cost money. I hope we can also ings on the bill. Everybody will be cial, health, safety, environmental, eco- address the concerns about the possi- given an opportunity to comment and nomic, and distributional effects that are ex- bility of inadequate levels of participa- identify potential problems and pos- pected to result directly or indirectly from tion by groups and interests which sible improvements. implementation of, or compliance with, a I believe this bill will improve the rule; have fiscal constraints that could pre- ‘‘(3) the term ‘cost-benefit analysis’ means clude their full participation. regulatory process, will build con- an evaluation of the costs and benefits of a Mr. President, the review of rules fidence in the regulatory programs rule, quantified to the extent feasible and ap- provision in this bill is also a reason- that are so important to this society’s propriate and otherwise qualitatively de- able approach. Unlike past proposals, it well-being, and will result in a better— scribed, that is prepared in accordance with does not provide for an automatic sun- and I believe—a less contentious regu- the requirements of this subchapter at the set of a rule that is not reviewed pursu- latory process. level of detail appropriate and practicable ant to the schedule. Rather it provides Mr. President, I ask unanimous con- for reasoned decisionmaking on the matter for the agency to determine during the sent that additional material be print- involved, taking into consideration uncer- tainties, the significance and complexity of review period of rules it chooses to re- ed in the RECORD. There being no objection, the mate- the decision, and the need to adequately in- view whether it is going to continue, form the public; modify, or repeal the rule under re- rial was ordered to be printed in the ‘‘(4) the term ‘Director’ means the Director view. If it fails to make that deter- RECORD, as follows: of the Office of Management and Budget, act- mination and take the appropriate ac- S. 981 ing through the Administrator of the Office tion, the agency can be sued under the Be it enacted by the Senate and House of Rep- of Information and Regulatory Affairs; existing provision of the Administra- resentatives of the United States of America in ‘‘(5) the term ‘flexible regulatory options’ tive Procedure Act to force agency ac- Congress assembled, means regulatory options that permit flexi- tion unlawfully withheld. SECTION 1. SHORT TITLE. bility to regulated persons in achieving the Rules would be scheduled for review This Act may be cited as the ‘‘Regulatory objective of the statute as addressed by the rule making, including regulatory options under the provisions of this bill, only Improvement Act of 1997’’. SEC. 2. FINDINGS. that use market-based mechanisms, outcome at the discretion of the agency head. oriented performance-based standards, or However, the public would know the Congress finds the following: (1) Current regulatory programs can be im- other options that promote flexibility; list of rules recommended for review by proved by being more firmly rooted in sound (6) the term ‘major rule’ means a rule or a the advisory committee. The advisory economic and scientific analysis. group of closely related rules that— committee would recommend those (2) Cost-benefit analysis and risk assess- ‘‘(A) the agency proposing the rule or the rules for review that, if modified, could ment are useful tools to better inform agen- Director reasonably determines is likely to result in substantially greater net ben- cies in developing regulations, although they have an annual effect on the economy of $100,000,000 or more in reasonably quantifi- efits to society. That is the standard do not replace the need for good judgment and consideration of values. able costs; or the committees are supposed to apply. ‘‘(B) is otherwise designated a major rule The agency must review the rec- (3) Cost and risk need to be considered in evaluating regulatory proposals which ad- by the Director on the ground that the rule ommendations of the advisory com- dress health, safety, or the environment. is likely to adversely affect, in a material mittee and develop a schedule for re- Other factors such as social values, distribu- way, the economy, a sector of the economy, view of rules taking into account the tional effects, and equity, must also be con- including small business, productivity, com- resources available to the agency to sidered. petition, jobs, the environment, public conduct such reviews. (4) Cost-benefit analysis and risk assess- health or safety, or State, local or tribal Judicial review has been of great con- ment should be presented with a clear state- governments, or communities; ‘‘(7) the term ‘reasonable alternative’ cern to those of us who want real regu- ment of the analytical assumptions and un- certainties including an explanation of what means a reasonable regulatory option that latory reform without bottling up im- would achieve the objective of the statute as portant regulations in the courts. is known and not known and what the impli- cations of alternative assumptions might be. addressed by the rule making and that the There is no judicial review permitted (5) The public has a right to know about agency has authority to adopt under the of the cost-benefit analysis or risk as- the costs and benefits of regulations, the statute granting rule making authority, in- sessment required by this bill outside risks addressed, the amount of risk reduced, cluding flexible regulatory options; of judicial review of the final rule. The and the quality of scientific and economic ‘‘(8) the term ‘risk assessment’ means the analysis and assessment are included analysis used to support decisions. Such systematic process of organizing hazard and exposure assessments to estimate the poten- in the rulemaking record, but there is knowledge will promote the quality, integ- rity and responsiveness of agency actions. tial for specific harm to exposed individuals, no judicial review of the content of populations, or natural resources; those items or the procedural steps fol- (6) The Administrator of the Office of In- formation and Regulatory Affairs should ‘‘(9) the term ‘risk characterization’ means lowed or not followed by the agency in oversee regulatory activities to ensure con- the presentation of risk assessment results the development of the analysis or as- sistent and valid use of cost-benefit analysis including, to the extent feasible, a charac- sessment. Only the total failure to ac- and risk assessment among all agencies. terization of the distribution of risk as well tually do the cost-benefit analysis or (7) The Federal Government should develop as an analysis of uncertainties, variabilities, risk assessment would allow the court a better understanding of the strengths, conflicting information, and inferences and assumptions in the assessment; to remand the rule to the agency. weaknesses, and uncertainties of cost-benefit analysis and risk assessment and conduct ‘‘(10) the term ‘rule’ has the same meaning Finally, Mr. President, the bill puts as in section 551(4), and shall not include— into law the requirement that the the research needed to improve these analyt- ical tools. ‘‘(A) a rule exempt from notice and public President establish a process for re- comment procedure under section 553; SEC. 3. REGULATORY ANALYSIS. viewing rules and coordinating Federal ‘‘(B) a rule that involves the internal rev- (a) IN GENERAL.—Chapter 6 of title 5, agency regulatory actions. Despite United States Code, is amended by adding at enue laws of the United States, or the assess- over 15 years of Executive orders that the end the following: ment and collection of taxes, duties, or other revenue or receipts; impose such a requirement, Congress ‘‘SUBCHAPTER II—REGULATORY has yet to put such a responsibility of ‘‘(C) a rule of particular applicability that ANALYSIS approves or prescribes for the future rates, the President into law. This bill would ‘‘§ 621. Definitions wages, prices, services, corporate or finan- do that. And with that responsibility ‘‘For purposes of this subchapter the defi- cial structures, reorganizations, mergers, ac- goes the obligation of the President, nitions under section 551 shall apply and— quisitions, accounting practices, or disclo- acting through OIRA, to make public ‘‘(1) the term ‘benefit’ means the reason- sures bearing on any of the foregoing; the process and results of its review of ably identifiable significant favorable ef- ‘‘(D) a rule relating to monetary policy agency rules. This is an important ele- fects, quantifiable and nonquantifiable, in- proposed or promulgated by the Board of ment of accountability, and such dis- cluding social, health, safety, environ- Governors of the Federal Reserve System or closure should not depend upon the mental, economic, and distributional effects, by the Federal Open Market Committee; that are expected to result directly or indi- ‘‘(E) a rule relating to the safety or sound- whim of the President but rather on rectly from implementation of, or compli- ness of federally insured depository institu- the requirements imposed by perma- ance with, a rule; tions or any affiliate of such an institution nent law. ‘‘(2) the term ‘cost’ means the reasonably (as defined in section 2(k) of the Bank Hold- So those are some highlights. Sen- identifiable significant adverse effects, quan- ing Company Act of 1956 (12 U.S.C. 1841(k)); ator THOMPSON has committed to hear- tifiable and nonquantifiable, including so- credit unions; the Federal Home Loan

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6745 Banks; government-sponsored housing enter- portunity to comment under section 553 in ‘‘(i) explain why such determinations can- prises; a Farm Credit System Institution; the same manner as if the initial regulatory not be made; foreign banks, and their branches, agencies, analysis had been issued with the notice of ‘‘(ii) identify any statutory provision or commercial lending companies or represent- proposed rule making. other factor that prevents such determina- ative offices that operate in the United ‘‘(2) Each initial regulatory analysis shall tions; and States and any affiliate of such foreign contain— ‘‘(iii) describe a reasonable alternative banks (as those terms are defined in the ‘‘(A) a cost-benefit analysis of the proposed considered by the agency, if feasible, that International Banking Act of 1978 (12 U.S.C. rule that shall contain— would allow the agency to determine that 3101)); or a rule relating to the payments sys- ‘‘(i) an analysis of the benefits of the pro- the benefits justify the costs and that the tem or the protection of deposit insurance posed rule, including any benefits that can- rule making objective would be achieved in a funds or Farm Credit Insurance Fund; not be quantified, and an explanation of how more cost-effective manner or with greater ‘‘(F) a rule or order relating to the finan- the agency anticipates that such benefits net benefits than the other reasonable alter- cial responsibility, recordkeeping, or report- will be achieved by the proposed rule, includ- natives considered by the agency. ing of brokers and dealers (including Govern- ing a description of the persons or classes of ‘‘(d) Each agency shall include an execu- ment securities brokers and dealers) or fu- persons likely to receive such benefits; tive summary of the regulatory analysis, in- tures commission merchants, the safe- ‘‘(ii) an analysis of the costs of the pro- cluding any risk assessment, in the regu- guarding of investor securities and funds or posed rule, including any costs that cannot latory analysis and in the statement of basis commodity future or options customer secu- be quantified, and an explanation of how the and purpose for the rule. Such executive rities and funds, the clearance and settle- agency anticipates that such costs will re- summary shall include a succinct presen- ment of securities, futures, or options trans- sult from the proposed rule, including a de- tation of— actions, or the suspension of trading under scription of the persons or classes of persons ‘‘(1) the benefits and costs expected to re- the Securities Exchange Act of 1934 (15 likely to bear such costs; and sult from the rule and any determinations U.S.C. 78a et seq.) or emergency action taken ‘‘(iii) an evaluation of the relationship of required under subsection (c)(3); under the Commodity Exchange Act (7 the benefits of the proposed rule to its costs, ‘‘(2) if applicable, the risk addressed by the U.S.C. 1 et seq.), or a rule relating to the pro- including the determinations required under rule, including the most plausible estimate subsection (c)(3), taking into account the re- tection of the Securities Investor Protection of the risk and the results of any risk assess- sults of any risk assessment; Corporation, that is promulgated under the ment; ‘‘(iv) an evaluation of the benefits and Securities Investor Protection Act of 1970 (15 ‘‘(3) the benefits and costs of reasonable al- costs of a reasonable number of reasonable U.S.C. 78aaa et seq.), or a rule relating to the ternatives considered by the agency; and alternatives reflecting the range of regu- custody of Government securities by deposi- ‘‘(4) the key assumptions and scientific or latory options that would achieve the objec- tory institutions under section 3121 or 9110 of economic information upon which the agen- tive of the statute as addressed by the rule title 31; cy relied. making, including, where feasible, alter- ‘‘(G) a rule issued by the Federal Election ‘‘(e)(1) A major rule may be adopted with- natives that— Commission or a rule issued by the Federal out prior compliance with this subchapter ‘‘(I) require no government action; if— Communications Commission under sections ‘‘(II) accommodate differences among geo- ‘‘(A) the agency for good cause finds that 312(a)(7) and 315 of the Communications Act graphic regions and among persons with dif- conducting the regulatory analysis under of 1934 (47 U.S.C. 312(a)(7) and 315); fering levels of resources with which to com- this subchapter is contrary to the public in- ‘‘(H) a rule required to be promulgated at ply; or terest due to an emergency, or an imminent least annually pursuant to statute; or ‘‘(III) employ flexible regulatory options; ‘‘(I) a rule or agency action relating to the ‘‘(v) a description of the scientific or eco- threat to health or safety that is likely to public debt; nomic evaluations or information upon result in significant harm to the public or ‘‘(11) the term ‘screening analysis’ means which the agency substantially relied in the the environment; and an analysis using simple assumptions to ar- cost-benefit analysis and risk assessment re- ‘‘(B) the agency publishes in the Federal rive at an estimate of upper and lower quired under this subchapter, and an expla- Register, together with such finding, a suc- bounds of risk as appropriate; and nation of how the agency reached the deter- cinct statement of the basis for the finding. ‘‘(12) the term ‘substitution risk’ means an minations under subsection (c)(3); and ‘‘(2) If a major rule is adopted under para- increased risk to health, safety, or the envi- ‘‘(B) if required, the risk assessment in ac- graph (1), the agency shall comply with this ronment reasonably likely to result from a cordance with section 624. subchapter as promptly as possible unless regulatory option. ‘‘(c)(1) When the agency publishes a final compliance would be unreasonable because ‘‘§ 622. Applicability major rule, the agency shall also prepare and the rule is, or soon will be, no longer in ef- ‘‘Except as provided in section 623(e), this place in the rule making file a final regu- fect. subchapter shall apply to all proposed and latory analysis, and shall prepare a summary ‘‘§ 624. Principles for risk assessments final major rules. of the analysis consistent with subsection ‘‘(a)(1) Subject to paragraph (2), each agen- (d). ‘‘§ 623. Regulatory analysis cy shall design and conduct risk assessments ‘‘(2) Each final regulatory analysis shall in accordance with this subchapter for each ‘‘(a)(1) Before publishing a notice of a pro- address each of the requirements for the ini- proposed and final major rule the primary posed rule making for any rule, each agency tial regulatory analysis under subsection purpose of which is to address health, safety, shall determine whether the rule is or is not (b)(2), revised to reflect— or environmental risk, or which results in a a major rule covered by this subchapter. ‘‘(A) any material changes made to the significant substitution risk, in a manner ‘‘(2) The Director may designate any rule proposed rule by the agency after publica- that promotes rational and informed risk to be a major rule under section 621(6)(B), if tion of the notice of proposed rule making; management decisions and informed public the Director— ‘‘(B) any material changes made to the input into and understanding of the process ‘‘(A) makes such designation no later than cost-benefit analysis or risk assessment; and 30 days after the close of the comment period ‘‘(C) agency consideration of significant of making agency decisions. ‘‘(2) If a risk assessment under this sub- for the rule; and comments received regarding the proposed ‘‘(B) publishes such determination in the rule and the initial regulatory analysis, in- chapter is otherwise required by this section, Federal Register together with a succinct cluding regulatory review communications but the agency determines that— statement of the basis for the determination under subchapter IV. ‘‘(A) a final rule subject to this subchapter within 30 days after such determination. ‘‘(3)(A) The agency shall include in the is substantially similar to the proposed rule ‘‘(b)(1)(A) When an agency publishes a no- statement of basis and purpose for the rule a with respect to the risk being addressed; tice of proposed rule making for a major reasonable determination, based upon the ‘‘(B) a risk assessment for the proposed rule, the agency shall prepare and place in rule making record considered as a whole— rule has been carried out in a manner con- the rule making file an initial regulatory ‘‘(i) whether the rule is likely to provide sistent with this subchapter; and analysis, and shall include a summary of benefits that justify the costs of the rule; ‘‘(C) a new risk assessment for the final such analysis consistent with subsection (d) and rule is not required in order to respond to in the notice of proposed rule making. ‘‘(ii) whether the rule is likely to substan- comments received during the period for ‘‘(B)(i) When the Director has published a tially achieve the rule making objective in a comment on the proposed rule, determination that a rule is a major rule more cost-effective manner, or with greater the agency may publish such determination after the publication of the notice of pro- net benefits, than the other reasonable alter- along with the final rule in lieu of preparing posed rule making for the rule, the agency natives considered by the agency. a new risk assessment for the final rule. shall promptly prepare and place in the rule ‘‘(B) If the agency head cannot reasonably ‘‘(b) Each agency shall consider in each making file an initial regulatory analysis for determine that the final rule is likely to pro- risk assessment reliable and reasonably the rule and shall publish in the Federal vide benefits that justify the costs of the available scientific information and shall de- Register a summary of such analysis con- rule and substantially achieve the rule mak- scribe the basis for selecting such scientific sistent with subsection (d). ing objective in a more cost-effective manner information. ‘‘(ii) Following the issuance of an initial or with greater net benefits than the other ‘‘(c)(1) Each agency may use reasonable as- regulatory analysis under clause (i), the reasonable alternatives considered by the sumptions to the extent that relevant and agency shall give interested persons an op- agency, the agency head shall— reliable scientific information, including

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6746 CONGRESSIONAL RECORD — SENATE June 27, 1997 site-specific or substance-specific informa- formal or informal devices that are broadly ered by a court in determining whether the tion, is not reasonably available. representative and balanced and that consist final rule is arbitrary or capricious unless ‘‘(2) When a risk assessment involves a of panel members or participants with exper- the agency can demonstrate that the anal- choice of assumptions, the agency shall— tise relevant to the sciences involved in the ysis or assessment would not be material to ‘‘(A) identify the assumption and its sci- regulatory decisions and who are inde- the outcome of the rule. entific or policy basis, including the extent pendent of the agency program; ‘‘(e) If an agency fails to perform the cost- to which the assumption has been validated ‘‘(B) exclude any person as a panel member benefit analysis, cost-benefit determination, by, or conflicts with, empirical data; or participant if such person has a financial or risk assessment, a court shall remand or ‘‘(B) explain the basis for any choices interest in the outcome, unless such person invalidate the rule. among assumptions and, where applicable, fully discloses such interest to the agency ‘‘§ 628. Guidelines, interagency coordination, the basis for combining multiple assump- and the public; and research tions; and ‘‘(C) provide for the timely completion of ‘‘(a)(1) No later than 9 months after the ‘‘(C) describe reasonable alternative as- the peer review including meeting agency date of enactment of this section, the Direc- sumptions that were considered but not se- deadlines; tor, in consultation with the Director of the lected by the agency for use in the risk as- ‘‘(D) contain a balanced presentation of all Office of Science and Technology Policy and sessment, how such alternative assumptions considerations, including minority reports the relevant agency heads, shall develop would have changed the conclusions of the and an agency response to all significant guidelines for cost-benefit analyses and risk risk assessment, and the rationale for not peer review comments; and assessments required by this subchapter or using such alternatives. ‘‘(E) provide adequate protections for con- with significant implications for public pol- ‘‘(d) Each agency shall provide appropriate fidential business information and trade se- opportunity for public comment and partici- icy. To the extent feasible such guidelines crets, including requiring panel members or shall apply the principles of sections 623 and pation during the development of a risk as- participants to enter into confidentiality sessment. 624. The Director shall oversee and periodi- agreements. cally revise such guidelines as appropriate. ‘‘(e) Each risk assessment supporting a ‘‘(2) All peer review written comments or ‘‘(2) As soon as practicable and no later major rule under this subchapter shall in- conclusions and the agency’s written re- than 18 months after the date of enactment clude, as appropriate, each of the following: sponses to significant peer review comments of this section, each relevant agency shall ‘‘(1) A description of the hazard of concern. shall be made available to the public and adopt detailed guidelines for risk assess- ‘‘(2) A description of the populations or shall be made part of the rule making record ments required by this subchapter or with natural resources that are the subject of the for purposes of judicial review of any final significant implications for public policy. risk assessment. agency action. Such guidelines shall be consistent with the ‘‘(3) An explanation of the exposure sce- ‘‘(3) If the head of an agency, with the con- guidance issued under paragraph (1). Each narios used in the risk assessment, including currence of the Director, publishes a deter- agency shall periodically revise such agency an estimate of the corresponding population mination that a cost-benefit analysis or risk guidelines as appropriate. at risk and the likelihood of such exposure assessment, or any component thereof, has ‘‘(3) The guidelines under this subsection scenarios. been previously subjected to adequate peer shall be developed following notice and pub- ‘‘(4) A description of the nature and sever- review, no further peer review shall be re- lic comment. The development and issuance ity of the harm that could reasonably occur quired under this section for such analysis, of the guidelines shall not be subject to judi- as a result of exposure to the hazard. assessment, or component. ‘‘(5) A description of the major uncertain- cial review, except in accordance with sec- ‘‘§ 626. Deadlines for rule making ties in each component of the risk assess- tion 706(1) of this title. ment and their influence on the results of ‘‘(a) All deadlines in statutes or imposed ‘‘(b) To promote the use of cost-benefit the assessment. by a court of the United States, that require analysis and assessment in a consistent man- ‘‘(f) To the extent scientifically appro- an agency to propose or promulgate any ner and to identify agency research and priate, each agency shall— major rule during the 2-year period begin- training needs, the Director, in consultation ‘‘(1) express the overall estimate of risk as ning on the effective date of this section with the Director of the Office of Science and a reasonable range or probability distribu- shall be suspended until the earlier of— Technology Policy, shall— tion that reflects variabilities, uncertain- ‘‘(1) the date on which the requirements of ‘‘(1) oversee periodic evaluations of Federal ties, and lack of data in the analysis; this subchapter are satisfied; or agency cost-benefit analysis and risk assess- ‘‘(2) provide the range and distribution of ‘‘(2) the date occurring 6 months after the ment; risks and the corresponding exposure sce- date of the applicable deadline. ‘‘(2) provide advice and recommendations narios, identifying the range and distribu- ‘‘(b) In any case in which the failure to to the President and Congress to improve tion and likelihood of risk to the general promulgate a major rule by a deadline occur- agency use of cost-benefit analysis and risk population and, as appropriate, to more ring during the 2-year period beginning on assessment; highly exposed or sensitive subpopulations, the effective date of this section would cre- ‘‘(3) establish appropriate interagency including the most plausible estimates of the ate an obligation to regulate through indi- mechanisms to improve the consistency and risks; and vidual adjudications, the deadline shall be quality of cost-benefit analysis and risk as- ‘‘(3) where quantitative estimates are not suspended until the earlier of— sessment among Federal agencies; and available, describe the qualitative factors in- ‘‘(1) the date on which the requirements of ‘‘(4) establish appropriate mechanisms be- fluencing the range, distribution, and likeli- this subchapter are satisfied; or tween Federal and State agencies to improve hood of possible risks. ‘‘(2) the date occurring 6 months after the cooperation in the development and applica- ‘‘(g) When scientific information that per- date of the applicable deadline. tion of cost-benefit analysis and risk assess- mits relevant comparisons of risk is reason- ‘‘§ 627. Judicial review ment. ably available, each agency shall use the in- ‘‘(a) Compliance or noncompliance by an ‘‘(c)(1) The head of each agency, in con- formation to place the nature and magnitude agency with the provisions of this sub- sultation with the Director and the Director of a risk to health, safety, or the environ- chapter shall only be subject to judicial re- of the Office of Science and Technology Pol- ment being analyzed in relationship to other view in accordance with this section. icy, shall regularly evaluate and develop a reasonably comparable risks familiar to and ‘‘(b) Any determination of an agency strategy to meet agency needs for research routinely encountered by the general public. whether a rule is or is not a major rule under and training in cost-benefit analysis and risk Such comparisons should consider relevant section 621(6)(A) shall be set aside by a re- assessment, including research on modelling, distinctions among risks, such as the vol- viewing court only upon a clear and con- the development of generic data, use of as- untary or involuntary nature of risks. vincing showing that the determination is sumptions and the identification and quan- ‘‘(h) When scientifically appropriate infor- erroneous in light of the information avail- tification of uncertainty and variability. mation on significant substitution risks to able to the agency at the time the agency ‘‘(2)(A) No later than 6 months from the health, safety, or the environment is reason- made the determination. date of enactment of this section, the Direc- ably available to the agency, the agency ‘‘(c) Any determination by the Director tor, in consultation with the Director of the shall describe such risks in the risk assess- that a rule is a major rule under section Office of Science and Technology Policy, ment. 621(6), or any failure to make such deter- shall enter into appropriate arrangements ‘‘§ 625. Peer review mination, shall not be subject to judicial re- with an accredited scientific institution to ‘‘(a) Each agency shall provide for peer re- view in any manner. conduct research to— view in accordance with this section of any ‘‘(d) The cost-benefit analysis and any risk ‘‘(i) identify and evaluate a common basis cost benefit analysis and risk assessment re- assessment required under this subchapter to assist comparative risk analysis and risk quired by this subchapter that forms the shall not be subject to judicial review sepa- communication related to both carcinogens basis of any major rule covered by this sub- rate from review of the final rule to which and noncarcinogens; and chapter. they apply. The cost-benefit analysis, cost- ‘‘(ii) appropriately incorporate risk assess- ‘‘(b)(1) Peer review required under sub- benefit determination under section 623(c)(3), ments into related cost-benefit analyses. section (a) shall— and any risk assessment shall be part of the ‘‘(B) The results of the research conducted ‘‘(A) provide for the creation or utilization whole rule making record for purposes of ju- under this paragraph shall be submitted to of peer review panels, expert bodies, or other dicial review of the rule and shall be consid- the Director and Congress no later than 18

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6747 months after the date of enactment of this ‘‘(5) Members of each committee shall re- ‘‘(iv) solicits public comment on the pre- section. ceive travel expenses, including per diem in liminary determination for the rule; and ‘‘§ 629. Comparative risk analysis study lieu of subsistence, in accordance with sec- ‘‘(C) no later than 60 days before the dead- tions 5702 and 5703. line in such schedule, publish in the Federal ‘‘(a) No later than 180 days after the effec- ‘‘(6) Each committee shall be subject to the tive date of this section, the Director, in Register a final notice on the rule that— provisions of the Federal Advisory Com- ‘‘(i) addresses public comments generated consultation with the Director of the Office mittee Act (5 U.S.C. App.). of Science and Technology Policy, shall by the notice in subsection (c); ‘‘§ 633. Agency regulatory review enter into a contract with an accredited sci- ‘‘(ii) contains a determination to continue, entific institution to conduct a study that ‘‘(a) Each advisory committee appointed amend, or repeal the rule and an explanation provides— under section 632 shall develop a list of rules of such determination with respect to sub- ‘‘(1) a systematic comparison of the extent promulgated by the agency that the com- section (a) (1), (2), and (3); and and severity of significant risks to human mittee serves, which the committee deter- ‘‘(iii) if the agency determines to amend or mines should be reviewed by the agency and health, safety, or the environment (hereafter repeal the rule, contains, if required, a no- can reasonably be reviewed by the agency referred to as a comparative risk analysis); tice of proposed rule making under section within a 5-year period. In selecting rules for ‘‘(2) a study of methodologies for using 553. review, each committee shall consider the comparative risk analysis to compare dis- ‘‘(2) If the final determination of the agen- extent to which— similar risks to human health, safety, or the cy is to continue the rule, such determina- ‘‘(1) a rule could be revised to substantially environment; and tion shall constitute final agency action 60 increase net benefits, including through ‘‘(3) technical guidance and recommenda- days after the publication in the Federal flexible regulatory options; tions on the use of comparative risk analysis Register of the notice in paragraph (1)(C). ‘‘(2) the rule is important relative to other to assist in allocating resources within and ‘‘(i) If an agency makes a determination to rules being considered for review; and across agencies to set priorities for the re- amend or repeal a rule under subsection ‘‘(3) the agency has discretion under the duction of risks to human health, safety, or (h)(1)(C), the agency shall complete final statute authorizing the rule to modify or re- the environment. agency action with regard to such rule no peal the rule. later than 2 years after the deadline estab- ‘‘(b) The Director shall ensure that the ‘‘(b) In developing the list required under study required under subsection (a) is— lished for such rule under subsection (f)(2). subsection (a), each advisory committee ‘‘(j) Nothing in this section shall limit the ‘‘(1) conducted through an open process shall obtain comments and suggestions from providing peer review consistent with sec- discretion of an agency to decide, after hav- the public. ing proposed to modify or repeal a rule, not tion 625 and opportunities for public com- ‘‘(c) No later than 1 year after an advisory ment and participation; and to promulgate such modification or repeal. committee is established, such committee Such decision shall constitute final agency ‘‘(2) completed and submitted to Congress shall deliver to the agency the committee’s action for the purposes of judicial review. and the President no later than 3 years after recommended list of rules to be reviewed in ‘‘(k) Agency failure to take the actions re- the effective date of this section. order of priority. The agency shall imme- quired by this section shall be subject to ju- ‘‘(c) No later than 5 years after the effec- diately publish the list in the Federal Reg- dicial review only under section 706(1). There tive date of this section, and periodically ister and forward a copy of the list to the ap- thereafter, the President shall submit a re- propriate committees of jurisdiction in the shall be no judicial review of the preliminary port to Congress recommending legislative House of Representatives and the Senate. or final schedule. changes to assist in setting priorities to ‘‘(d)(1) No later than 60 days after receiving ‘‘(l) A court may remand a determination more effectively and efficiently reduce risks and reviewing the list of rules from its com- under subsection (h)(2) only upon a clear and to human health, safety, or the environment. mittee, the agency shall publish in the Fed- convincing showing that the agency could have adopted a reasonable alternative that ‘‘SUBCHAPTER III—REVIEW OF RULES eral Register a preliminary schedule for re- view of rules based on such list. would substantially increase net benefits, in- ‘‘§ 631. Definitions ‘‘(2) The agency shall provide in the Fed- cluding through flexible regulatory options, ‘‘For purposes of this subchapter the defi- eral Register at the time the preliminary while meeting the objectives of the statute nitions under sections 551 and 621 shall schedule is published an explanation of each as addressed by the rule making. apply. modification to the list provided by the advi- ‘‘SUBCHAPTER IV—EXECUTIVE ‘‘§ 632. Advisory committee on regulations sory committee and shall invite public com- OVERSIGHT ment on the preliminary schedule for a pe- ‘‘(a)(1)(A) No later than 90 days after the ‘‘§ 641. Definitions date of enactment of this section and every riod of no less than 60 days. ‘‘(e) The preliminary schedule under this ‘‘For purposes of this subchapter— 5 years thereafter, the head of each agency section shall propose deadlines for review of ‘‘(1) the definitions under sections 551 and described under subparagraph (B) shall es- each rule listed thereon, and such deadlines 621 shall apply; and tablish an advisory committee for the review shall occur no later than 5 years from the ‘‘(2) the term ‘regulatory action’ means of rules. date of publication of the final schedule. any one of the following: ‘‘(B) An agency referred to under subpara- ‘‘(f)(1) No later than 60 days after the close ‘‘(A) An agenda or schedule for rule mak- graph (A) is any agency that has promul- of the comment period, the agency shall pub- ings. gated a major rule during the 10-year period lish a final schedule of rules to be reviewed ‘‘(B) Advance notice of proposed rule mak- preceding the date of the establishment of an by the agency under this section. ing. advisory committee under subparagraph (A). ‘‘(2) The schedule shall establish a deadline ‘‘(C) Notice of proposed rule making. ‘‘(2) The head of an agency described under for completion of the review of each rule ‘‘(D) Final rule making, including interim paragraph (1) may establish panels under its listed on the schedule. Each deadline shall final rule making. advisory committee. occur no later than 5 years from the date of ‘‘§ 642. Presidential regulatory review ‘‘(b)(1) Each such agency head shall ap- publication of the final schedule. point a reasonable number of members to ‘‘(g) In preparing the preliminary and final ‘‘(a) The President shall establish a process serve on the agency’s advisory committee schedule, the agency shall give deference to for the review and coordination of Federal and shall designate a chairman from the the recommendations of its advisory com- agency regulatory actions. Such process members of the committee. Membership on mittee but may modify the list of rules to be shall be the responsibility of the Director. the committee shall represent a balanced reviewed, taking into account the factors ‘‘(b) For the purpose of carrying out the re- cross-section of public and private interests contained in subsection (a) and the resource view established under subsection (a), the Di- affected by the regulations of the agency, in- constraints of the agency. rector shall— cluding small businesses, small govern- ‘‘(h)(1) For each rule on the schedule under ‘‘(1) develop and oversee uniform regu- ments, and public interest groups. No em- subsection (e), the agency shall— latory policies and procedures, including ployee of the agency establishing the com- ‘‘(A) no later than 2 years before the dead- those by which each agency shall comply mittee shall serve as a member of such agen- line in such schedule, publish in the Federal with the requirements of this chapter; cy’s committee under this section. Register a notice that solicits public com- ‘‘(2) develop policies and procedures for the ‘‘(2) Each member shall be appointed for ment regarding whether the rule should be review of regulatory actions by the Director; the life of the advisory committee. The advi- continued, amended, or repealed; and sory committee shall terminate 1 year after ‘‘(B) no later than 1 year before the dead- ‘‘(3) develop and oversee an annual govern- the date on which the committee is estab- line in such schedule, publish in the Federal mentwide regulatory planning process that lished. Register a notice that— shall include review of planned agency major ‘‘(3) A vacancy on a committee shall be ‘‘(i) addresses public comments generated rules and other significant regulatory ac- filled in the same manner as the original ap- by the notice in subparagraph (A); tions and publication of— pointment. ‘‘(ii) contains a preliminary analysis by ‘‘(A) a summary of and schedule for pro- ‘‘(4) Each committee shall solicit public the agency with respect to subsection (a) (1), mulgation of planned agency major rules; comments and may solicit public participa- (2), and (3); ‘‘(B) agency specific schedules for review of tion through appropriate means including ‘‘(iii) contains a preliminary determina- existing rules under subchapter III; hearings, written comments, public meet- tion whether the rule should be continued, ‘‘(C) a summary of regulatory review ac- ings, and electronic mail. amended, or repealed; and tions undertaken in the prior year;

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6748 CONGRESSIONAL RECORD — SENATE June 27, 1997 ‘‘(D) a list of major rules promulgated in ‘‘§ 644. Judicial review fits of the rule (quantifiable and nonquantifi- the prior year for which an agency could not ‘‘The exercise of the authority granted able); the expected costs of the rule (quan- make the determinations that the benefits of under this subchapter by the Director or the tifiable and nonquantifiable); reasonable al- a rule justify the costs under section President shall not be subject to judicial re- ternatives, including flexible regulatory op- 623(c)(3); view in any manner.’’. tions—such as market-based mechanisms or ‘‘(E) identification of significant agency (b) PRESIDENTIAL AUTHORITY.—Nothing in outcome-oriented performance-based stand- noncompliance with this chapter in the prior this Act shall limit the exercise by the Presi- ards; year; and dent of the authority and responsibility that b. Cost-benefit determination. The agency ‘‘(F) recommendations for improving com- the President otherwise possesses under the shall include in the statement of basis and pliance with this chapter and increasing the Constitution and other laws of the United purpose for the rule a reasonable determina- efficiency and effectiveness of the regulatory States with respect to regulatory policies, tion: (1) whether the rule is likely to provide benefits that justify the costs of the rule; process. procedures, and programs of departments, and (2) whether the rule is likely to substan- ‘‘(c) The review established under sub- agencies, and offices. tially achieve the rule making objective in a section (a) shall be conducted as expedi- (c) TECHNICAL AND CONFORMING AMEND- more cost-effective manner, or with greater tiously as practicable and the Director’s re- MENTS.— net benefits, than the other reasonable alter- view of any regulatory action shall be lim- (1) Part I of title 5, United States Code, is natives considered by the agency. ited to no more than 90 days, unless extended amended by striking the chapter heading and If the agency cannot make those deter- for an additional 30 days at the written re- table of sections for chapter 6 and inserting minations, it shall: (1) explain why such de- quest of the rule making agency or the Di- the following: terminations cannot be made; (2) identify rector. ‘‘CHAPTER 6—THE ANALYSIS OF any statutory provision or other factor that ‘‘§ 643. Public disclosure of information REGULATORY FUNCTIONS prevents such determinations; and (3) de- scribe a reasonable alternative considered by ‘‘(a) The Director, in carrying out the pro- ‘‘SUBCHAPTER I—ANALYSIS OF the agency, if feasible, that would allow the visions of section 642, shall establish proce- REGULATORY FLEXIBILITY ‘‘Sec. agency to make such determinations. dures to provide public and agency access to The agency shall include an executive sum- ‘‘601. Definitions. information concerning regulatory review mary in the regulatory analysis and in the ‘‘602. Regulatory agenda. actions, including— statement of basis and purpose for the rule. ‘‘(1) disclosure to the public on an ongoing ‘‘603. Initial regulatory flexibility analysis. There is an exception from the regulatory basis of information regarding the status of ‘‘604. Final regulatory flexibility analysis. analysis requirements when an agency must regulatory actions undergoing review; ‘‘605. Avoidance of duplicative or unneces- act expeditiously to address an imminent ‘‘(2) disclosure to the public, no later than sary analyses. threat to health, safety or the environment. publication of a regulatory action, of— ‘‘606. Effect on other law. 2. Risk assessment principles (§ 624). If the ‘‘(A) all written communications relating ‘‘607. Preparation of analysis. major rule has the primary purpose of ad- to the substance of a regulatory action in- ‘‘608. Procedure for waiver or delay of com- dressing health, safety, or environmental cluding drafts of all proposals and associated pletion. risks, or results in a significant substitution analyses, between the Director or employees ‘‘609. Procedures for gathering comments. risk, the regulatory analysis must also in- of the Director and the regulatory agency; ‘‘610. Periodic review of rules. clude a risk assessment following general ‘‘(B) all written communications relating ‘‘611. Judicial review. statutory criteria to ensure that the assess- to the substance of a regulatory action be- ‘‘612. Reports and intervention rights. ment is scientifically sound and transparent, tween the Director or employees of the Di- ‘‘SUBCHAPTER II—REGULATORY including: Identify and explain assumptions rector and any person not employed by the ANALYSIS made when measuring risks; provide appro- executive branch of the Federal Government; ‘‘621. Definitions. priate opportunities for public comment and ‘‘(C) a list identifying the dates, names of ‘‘622. Applicability. participation during the development of the individuals involved, and subject matter dis- ‘‘623. Regulatory analysis. risk assessment; disclose relevant informa- cussed in substantive meetings and tele- ‘‘624. Principles for risk assessments. tion about the risk, including the range and phone conversations relating to the sub- ‘‘625. Peer review. distribution of risks and corresponding expo- stance of a regulatory action between the Di- ‘‘626. Deadlines for rule making. sure scenarios, identifying the range and dis- rector or employees of the Director and any ‘‘627. Judicial review. tribution and likehood of risk to the general person not employed by the executive branch ‘‘628. Guidelines, interagency coordination, population and any sensitive subpopulations, of the Federal Government; and and research. including the most plausible estimates of the ‘‘(D) a written explanation of any review ‘‘629. Comparative risk analysis study. risks; when scientific information permits, compare the risk being analyzed with other action and the date of such action; and ‘‘SUBCHAPTER III—REVIEW OF RULES ‘‘(3) disclosure to the regulatory agency, reasonably comparable risks familiar to and ‘‘631. Definitions. on a timely basis, of— routinely encountered by the general public. ‘‘632. Advisory committee on regulations. ‘‘(A) all written communications relating 3. Peer review (§ 625). Agencies shall con- ‘‘633. Agency regulatory review. to the substance of a regulatory action be- duct independent peer review for risk assess- tween the Director or employees of the Di- ‘‘SUBCHAPTER IV—EXECUTIVE ments and cost-benefit analyses related to rector and any person who is not employed OVERSIGHT major rules. Peer review is not required by the executive branch of the Federal Gov- ‘‘641. Definitions. where the agency and OMB certify that an ernment; ‘‘642. Presidential regulatory review. assessment or analysis has previously been ‘‘(B) a list identifying the dates, names of ‘‘643. Public disclosure of information. subjected to adequate peer review. 4. Deadlines for rule making (§ 626). For individuals involved, and subject matter dis- ‘‘644. Judicial review.’’. two years after the Act becomes effective, cussed in substantive meetings and tele- (2) Chapter 6 of title 5, United States Code, agencies are provided with a 6-month time phone conversations, and an invitation to is amended by inserting immediately before extension from a regulatory deadline if need- participate in meetings, relating to the sub- section 601, the following subchapter head- ed to satisfy the requirements of the Act. stance of a regulatory action between the Di- ing: 5. Judicial Review (§ 627). Judicial review is rector or employees of the Director and any ‘‘SUBCHAPTER I—ANALYSIS OF limited to making sure that agencies per- person not employed by the executive branch REGULATORY FLEXIBILITY’’. form the cost-benefit analyses and risk as- of the Federal Government; and sessments for major rules. (The process for ‘‘(C) a written explanation of any review SEC. 4. EFFECTIVE DATE. Except as otherwise provided in this Act, and content of such analysis is not subject to action taken concerning an agency regu- separate judicial review.) The cost-benefit latory action. this Act shall take effect 180 days after the date of enactment of this Act, but shall not analysis and risk assessment are to be in- ‘‘(b) Prior to the publication of any pro- apply to any agency rule for which a notice cluded in the rule making record for pur- posed or final rule, the agency shall include of proposed rulemaking is published on or be- poses of judicial review of the final rule in the rule making record— fore August 1, 1997. under the deferential arbitrary and capri- ‘‘(1) a document identifying in a complete, cious standard. clear, and simple manner, the substantive SUMMARY OF THE REGULATORY IMPROVEMENT 6. Guidelines, interagency coordination, changes between the draft submitted to the ACT OF 1997 and research (§ 628). Within 9 months, OMB is Director for review and the rule subse- 1. Regulatory Analysis (§ 623). When issuing required to consult with OSTP and relevant quently announced; major rules (costing over $100 million or agencies to develop broad guidelines for risk ‘‘(2) a document identifying those changes deemed by OMB to have a significant impact assessments and cost-benefit analyses con- in the rule that were made at the suggestion on the economy), Federal agencies must con- sistent with the Act. or recommendation of the Director; and duct a regulatory analysis, including a cost- Within 18 months, each relevant agency ‘‘(3) all written communications exchanged benefit analysis and, if relevant, a risk as- shall develop more detailed guidelines for between the Director and the agency during sessment. risk assessments tailored to agency pro- the review of the rule, including drafts of all a. Cost-benefit analysis. The cost-benefit grams consistent with the OMB/OSTP guide- proposals and associated analyses. analysis shall consider: The expected bene- lines.

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6749 OMB shall consult with OSTP to coordi- tion of the Director; and all written commu- ing a sweeping law that led cities and nate and improve agency cost-benefit anal- nications exchanged between the Director states to spend nearly $20 billion to re- ysis and risk assessment practices and to de- and the agency during the review of the rule, move asbestos from public buildings. velop a strategy to agency research and including drafts of all proposals and associ- After further research, EPA officials training needs. ated analyses. Within 6 months, OMB shall consult with 10. Effective Date (Section 4). The Act eventually concluded that ripping out OSTP to arrange for research to identify and shall take effect 180 days after the date of the asbestos had been an expensive evaluate a common basis to assist compara- enactment, but shall not apply to any agen- mistake. Ironically, removing the as- tive risk analysis and risk communication cy rule for which a notice of proposed rule bestos actually raised the risk to the related to both carcinogens and noncarcino- making is published on or before August 1, public—because asbestos fibers become gens; and to appropriately incorporate risk 1997. airborne during removal. This mistake assessments into cost-benefit analyses. Mr. THOMPSON. Mr. President, I am never would have occurred if these in- 7. Comparative risk analysis study (§ 629). pleased to be able to join with Senator creased risks had been considered in OMB, in consultation with OSTP, shall enter the first place. I hope that would into a contract with an accredited scientific LEVIN and several of our colleagues in institution to conduct a study that provides introducing legislation to improve how change under the Regulatory Improve- a comparison of significant health, safety the federal government regulates. This ment Act. and environmental risks, the methodologies legislation is an effort by some of us to Finally, let me mention our Super- for such comparisons, and technical guidance devise a common solution to the prob- fund requirements. Superfund was and recommendations on the use of compara- lems of our regulatory system. We have passed with the good intention of tive risk analysis to set priorities within and some real political differences among cleaning up America’s toxic waste- across agencies. us, but we all share the same goals: sites. Unfortunately, things are not Within 5 years, the President shall submit working as well as intended. Superfund a report to Congress recommending legisla- clean air and water, injury free work- places, safe transportation systems, to has become a legal and regulatory tive changes to assist in setting priorities to maze where a good 90 percent of insur- more effectively and efficiently reduce risks name a few of the good things that can ers’ costs and 20 percent of liable par- to health, safety and the environment. come from regulation. We also all ties’ costs are spent on lawyers and 8. Review of Rules (§§ 631–633). Each agency share the goal of avoiding regulation consultants—not on cleaning up the that has issued a major rule within the last which unnecessarily interferes in peo- environment. We also have to ask if we 10 years shall establish a balanced advisory ple’s lives and businesses, which costs committee to recommend a list of rules that are focusing on the most important more than it benefits, or which—inad- the agency should review to increase net priorities. For example, Superfund im- vertently—causes actual harm. benefits. Membership of the committee shall poses extremely stringent standards I am pleased we are introducing this include a balanced cross-section of the public for cleaning up lead in groundwater. bill with Senators GLENN, ABRAHAM, and private interests affected by agency reg- Now, this is a good rule in many cases, ulations, including small business, small ROBB, ROTH, ROCKEFELLER and STE- because lead can be very toxic to chil- governments, and public interest groups. VENS. They have all toiled in the fields dren. The problem is that we may be After reviewing the recommendations of to improve regulation. overlooking more direct threats to the advisory group, the agency shall develop It was in this spirit that the legisla- and issue a schedule of rules to be reviewed children from lead. For example, lead tion we are introducing today was every 5 years, taking into account the extent paint in old houses can be a greater drafted. The Regulatory Improvement of the agencies resources to review such threat to children’s health than lead Act will promote the public’s right to rules. The agency may continue, modify or that may be under some industrial site know how and why agencies regulate, repeal the reviewed rule pursuant to notice where there are no children. Last con- and comment rule making. improve the quality of government de- gress, our committee heard testimony 9. Executive Oversight (§§ 641–644). The bill cisionmaking, and increase Govern- about how the Superfund law requires codifies the regulatory review process and ment accountability and responsive- groundwater in a Newark railyard to sets out responsibilities and authority of the ness to the people it serves. Office of Information and Regulatory Affairs be cleaner than drinking water—at The problem is that agencies some- (OIRA) to develop policies and procedures to enormous cost. Now, if land is going to times lose sight of common sense as review regulatory actions and to develop and be used for industrial purposes, and no they create regulations. Then even oversee an annual government-wide regu- children will be there, does this make well-intentioned rules can produce dis- latory planning process that includes the re- sense? The answer may be no—those view of major rules and other significant reg- appointing results. requirements may not improve the en- ulatory actions. Consider the airbag issue that has vironment much, but they may drive OIRA shall establish procedures to provide been in the news lately. The National businesses out of Newark. Nobody public and agency access to information con- Highway Transportation Safety Ad- cerning regulatory review actions. wants to open a business near a Super- ministration required high-force air- Information to be disclosed to the public fund site and risk being sued. No won- bags to maximize the odds of survival includes: the status of regulatory actions; der our inner cities are starved for written communications between OIRA and for adult males in highway crashes. jobs. In the end, we may be hurting the the agency on the regulatory action; written But the deployment force from these very people we should be concerned communications between OIRA and persons airbags can be so severe that they can about—the inner-city poor, those who outside the Executive Branch; and a list injure children, women, and the elder- identifying the dates, names of individuals already have to live with many risks in ly. Senator KEMPTHORNE has spoken their daily lives, those who do not have involved, and subject matter discussed in about the tragic death of a young girl meetings and telephone conversations relat- clout here in Washington. ing to the regulatory action between OIRA from Idaho who was decapitated when Virtually every serious student of and persons not employed by the Executive an airbag deployed during a low-impact the regulatory process agrees we can Branch. collision. The agency is now consid- do better. One study by the Harvard Information to be disclosed to the regu- ering the use of an airbag cut-off Center for Risk Analysis found that if latory agency includes: written communica- switch to avoid these tragedies. But agencies simply set their priorities in a tions between OIRA and persons outside the Mr. President, tragedies like this never smarter way, we could save an addi- Executive Branch on a regulatory action; a should have occurred. We could have list identifying the dates, names of individ- tional 60,000 lives per year at no addi- uals involved, and subject matter discussed avoided needless deaths and injuries if tional cost. Mr. President, we don’t in meetings and telephone conversations re- the agency had carefully considered have a moment to lose when we could lating to the regulatory action between the risks that high-impact airbags pose save more lives. We can set aside par- OIRA and persons not employed by the Exec- to certain populations. I hope today’s tisan politics, and we all can agree this utive Branch; and a written explanation of proposal will correct mistakes like this is the right thing to do. any review action taken. before they occur. Since I became chairman of the Gov- The agency shall include in the rule mak- A second example is the removal of ernmental Affairs Committee, I have ing record: a document identifying the sub- asbestos from our schools and other stantive changes between the draft sub- been working closely with Senator mitted to the Director for review and the public buildings. Early in the 1980s, LEVIN to forge bipartisan legislation rule subsequently announced; a document government scientists argued that as- with three major purposes: identifying those changes in the rule that bestos exposure could cause thousands First, to promote the public’s right were made at the suggestion or recommenda- of deaths. Congress responded by pass- to know how and why agencies make

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6750 CONGRESSIONAL RECORD — SENATE June 27, 1997 regulatory decisions. This legislation date and improve old rules, we do not S. 1080 over 15 years ago, to several bi- helps the public to understand agency want to set up a review process that partisan bills in the 104th Congress—S. decisions by directing agencies to— could create a litigation morass. In- 291, our unanimous Governmental Af- Allow the public to comment and stead of a petition process, agencies fairs Committee bill introduced by participate as rules are developed; dis- will use independent advisory commit- Senator ROTH and me, the Dole-John- close the benefits and burdens of major tees that would recommend a list of ston S. 343, and the Glenn-Chafee S. rules; disclose any environmental, rules that could be improved to sub- 1001. While these bills differed in many health and safety risks a rule is de- stantially increase net benefits to the ways, they all had one thing in com- signed to reduce, and make those risks public. The agency would defer to the mon, a bipartisan resolve to reform the understandable by comparing them recommendations of the advisory com- Federal regulatory process. with other risks familiar to the public; mittee, but they could not be dragged and identify major assumptions and into court if someone wanted a dif- The regulatory process is important uncertainties considered in creating ferent rule to be reviewed. because in our system of government, rules. Finally, this bill strikes a balanced Congress relies on agency regulations Second, to improve the quality of approach to judicial review. We allow to ensure the effective implementation government decisionmaking. Careful limited judicial review under the def- of the laws we enact. Improved public thought, grounded in science, will help erential arbitrary and capricious health and safety and environmental us to target problems and to find bet- standard to ensure that agencies issue protection are some of the successes ter solutions. We must carefully craft reasonable regulations using the tools provided by this process. of cost-benefit analysis and risk assess- new rules to be effective and efficient. Unfortunately, despite these suc- Agencies will carefully consider the ment. But this legislation does not pro- vide a series of trip wires that could cesses, congressional oversight has benefits and burdens of rules and use shown there are too many instances good scientific and technical informa- hinder agencies from performing their where agencies have regulated without tion. Agencies will seek out smarter missions. In other words, we realize the sufficiently analyzing the costs and ways to regulate, including flexible ap- agencies may not be perfect in com- benefits of regulation. Individuals, proaches such as outcome-oriented per- plying with this law. They may make businesses, and State and local govern- formance standards and market mecha- mistakes from time to time. We won’t ments pay too high a price for such nisms. We must modernize and improve imperil important regulations because rules already on the books. Inde- the agency made honest mistakes. We thoughtless rules. They also are often pendent committees will advise agen- just ask the agency to make reasonable burdened by statutory requirements cies how to revise rules to substan- and honest decisions, and the public de- that force agencies to impose overly tially increase the benefits to the pub- serves no less. prescriptive requirements, unnecessary Mr. President, we are devoting vast lic. unfunded mandates, or unjustified And finally, to increase Government resources to achieve our regulatory costs. goals. By some estimates, the annual accountability to the people it serves. So, while I have supported many pro- regulatory burden is nearly $700 billion The Act will require agencies to— grams to improve health and safety Clearly present regulatory proposals per year—almost $7,000 for the average American household. Our regulatory and the environment, I have also so the public, the Congress, and the worked to improve the regulatory proc- President can understand the problem goals are too important, and our re- sources are too precious, to spend this ess. This has involved legislation and at hand and help find a solution; ex- oversight in several different areas. plain any legal impediment or other money unwisely. The Regulatory Improvement Act For example, the Paperwork Reduction factor hindering the agency from will ensure that agencies conduct bet- Act, which we strengthened in 1995, re- issuing cost-effective and sensible reg- ter economic and scientific analysis be- quires Federal agencies to reduce bur- ulations, and describe any superior al- fore they issue regulations. Govern- densome information collection activi- ternatives; disclose realistic estimates ment will be more open to the public, ties, such as forms and regulatory re- of any risks addressed; document will better explain the problem, and porting requirements. The Unfunded changes made to proposed rules when will consider the best available infor- Mandates Act of 1994, which I intro- the rules are reviewed by the Office of mation to solve the problem. Agencies duced with Senator DIRK KEMPTHORNE, Management and Budget [OMB]; dis- will consider the benefits and burdens requires Congress and Federal agencies close contacts from persons outside the of different regulatory alternatives so to account for unfunded legislative and executive branch with OMB when it is we can reach the most sensible solu- regulatory requirements imposed on reviewing proposed rules, since such tions. And agencies will modernize old contacts may represent outside influ- State and local governments. Most re- rules on the books to increase the ben- cently, I supported enactment of the ence. efits to the public. In the process, we Mr. President, while it is important Congressional Review Act, which pro- won’t sacrifice our important national vides for expedited congressional re- to review what this legislation will ac- goals and values. We can make our complish, it also is important to note view of new regulations, so that we, as Government more effective, more open, politically accountable public rep- that this proposal avoids the conten- and more accountable than ever. tious issues that thwarted agreement Mr. GLENN. Mr. President, I am very resentatives, can take responsibility on legislation last Congress. pleased today to cosponsor the Regu- for implementation of the laws we First, this legislation does not con- latory Improvement Act of 1997. This enact. tain a supermandate. That is, while we legislation, introduced today by my These initiatives addressed several believe that cost-benefit analysis is an colleagues Senator CARL LEVIN and parts of the administrative process. important tool to inform agency deci- Senator FRED THOMPSON, reflects a bi- Still lacking is a comprehensive statu- sionmaking, the results of the cost- partisan effort to establish a balanced, tory framework for regulatory anal- benefit analysis do not trump existing comprehensive governmentwide stand- ysis. The search for the right mix of law. The bill explicitly recognizes that ard for Federal rulemaking. these regulatory analysis requirements sometimes an agency will issue a rule As former chairman and current was at the heart of the regulatory re- that would not pass a cost-benefit test. ranking member of the Committee on form debate in the early 1980’s, in the We only ask the agency to explain why Governmental Affairs, I have worked last Congress, and now again, in the it selected such a rule, including any for over a decade to improve the Fed- legislation introduced today. legal impediment that hindered the eral regulatory process. I must note agency from issuing a cost-justified that with me at every step has been my I believe that this legislation would rule. good friend and colleague, Senator establish the needed reforms in a bal- Second, this bill does not contain a CARL LEVIN. Now, we are joined by our anced and fair manner. It would re- petition process that would allow out- new Committee Chairman, Senator quire cost/benefit analysis and risk as- side parties to sue agencies in court to FRED THOMPSON. I am very happy to sessment of major rules, and require change particular rules that the liti- take part in this bipartisan effort. periodic review of existing rules. These gant does not like. While we believe Regulatory reform has seen many basic requirements will improve regu- there are fruitful opportunities to up- forms in Congress over the years, from latory decisionmaking and ensure that

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6751 Congress and the public are better in- making, we do not want paralysis by ston, Nunn and Heflin, toiled in these formed about regulatory impacts. analysis. And we do not want to create vineyards for many years. I believe that such regulatory reform new avenues for litigation to under- The reason for this continued effort can improve our Government and re- mine statutory requirements. If there is clear. Regulations produce enormous duce regulatory burdens without harm- is a problem with a statute, Congress benefits for society, protecting work- ing important public protections. As I should be informed and Congress ers, conserving our environment, and said many times during the debate in should correct the problem. promoting public health. But regula- the last Congress, true regulatory re- The bill’s second basic requirement is tions also impose a tremendous cost on form must strike a balance between for evaluating the risks that would be society. The purpose of regulatory re- the public’s concern over too much addressed by a major rule. This is also form is to make sure the benefits of the government and the public’s strong a fundamental provision, but here too, regulations warrant the costs. support for regulations to protect the I believe it will be very important to According to the GAO, expenditures environment, public health and safety. explore the bill’s specific risk assess- relating to pollution abatement alone The legislation developed by Senator ment language in more detail during exceeded $110 billion in 1992. While this LEVIN and Senator THOMPSON strikes committee hearings. For example, represents only a portion of the costs this balance. It requires: while science can provide critical data of regulation, it provides some guid- Cost-benefit analysis and risk assess- with which to inform a rulemaking de- ance regarding the magnitude of regu- ment of major rules; An agency cost cision, often times general observa- lation. If we can maintain the level of justification statement to explain tions cannot be reliably reduced to sin- pollution abatement, but increase the whether a rule’s benefits justify its gle point conclusions. Thus, I am con- efficiency in how we attain it, con- costs and whether it is more cost-effec- cerned that the bill’s use of the phrase sumers will ultimately reap the bene- tive or has more net benefits than ‘‘most plausible estimate of risk’’ fits. And of course every dollar that a other alternatives. If the agency can- could lead to the arbitrary selection of business spends beyond what is nec- not make that determination, it must a single risk figure, when a range of essary to protect us and our resources explain why not, and if feasible de- risks is all that the scientific evidence is one less dollar that could otherwise scribe an alternative that would, if per- would support. I agree that agencies be used to hire an employee, or fund a mitted, be cost justified; peer review of should not be led by speculation, but pay raise, or pay for a plant expansion. cost-benefit analyses and risk assess- we must not lose sight of the fact that Not only will consumers benefit, but so ments; OMB regulatory review, with caution is always in order when it will the economy. sunshine protections for fairness and comes to protecting public health and Regulating in a cost-effective fashion accountability; judicial review of rel- safety, and the environment. simply makes sense. If we can achieve evant regulatory analyses, but only in Finally, committee hearings will also the same environmental benefit for the context of review of the final rule be needed to explore the practical im- less money, or even better, achieve and the rulemaking record; and peri- pact of the legislation’s requirements more environmental benefit for the odic review of existing rules. for agency advisory panels, both for same money, then it makes sense to do All in all, I believe these are the nec- peer review of regulatory analyses and so. essary core elements of an effective identifying current rules for review. While the debate over regulatory re- regulatory reform bill. Nonetheless, These panels can provide a fair and ef- form has in the past been presented as past debates have shown that the devil fective means of providing important a choice between the economy and the is in the details. This legislation will information to agencies. But they can environment, there is a responsible be no exception. There are several also be used to unfairly sway decision- middle ground. If done wrong, regu- areas, in fact, that I believe should be makers and obscure behind-the-scenes latory reform could harm the environ- examined closely in committee hear- lobbying. Care must be taken to ensure ment, but if done right, both the econ- ings to ensure that the regulatory that such panels are broadly represent- omy and the environment benefit. process is improved and not impeded by ative and do not introduce undue delay As noted by Vice President GORE in this reform effort. or waste agency resources. Again, our November 1995, in announcing one of First, the legislation’s most funda- committee hearings will be important the administration’s regulatory reform mental provision is the requirement to discuss these issues. initiatives: that all agency major rules must have Senator LEVIN and Senator THOMP- For decades, the American political sys- a cost-benefit analysis. I believe that SON are to be commended for the work tem pitted the economy against the environ- given 16 years experience with regu- they have done to sift through the con- ment in a false conflict. America’s business latory review under Presidential Exec- tentious regulatory reform record and leaders were pitted against America’s envi- utive order, it is appropriate to estab- ronmentalists. It seemed that too often for draw out the core requirements and one side to get its way, the other side had to lish a statutory bottom line that all many of the needed details for effective lose ground, and you had to decide which major rules must be accompanied by a regulatory analysis. I believe we are side you were on, business or the environ- cost-benefit analysis. While a cost-ben- very close to having a bill that should ment. Most people didn’t like that choice, efit analysis should not control deci- pass the Senate unanimously. I support because most people, in their hearts, really sionmaking, it is a very useful tool for this legislation and urge my colleagues are on both sides and don’t see them as being decision-making, and should be used to to support it. in conflict. the extent both practical and per- Mr. ROBB. Mr. President, I rise I share the Vice President’s view that mitted. today in support of comprehensive, re- we can protect both the environment We need to be sure, however, that sponsible reform of our regulatory and the economy. The benefits of regu- this requirement is not used to under- process. It has been a long and tortuous latory reform will come primarily from mine program-specific statutory re- journey. Many thought it could not be relieving consumers from unnecessary quirements that may, for example, pre- done. But I’m pleased that it has been costs and strengthening people’s re- clude consideration of certain costs or done, and I’m pleased to join Senators spect for government. In addition, by alternatives. While I believe that a LEVIN and THOMPSON as an original developing a responsible approach to cost-benefit analysis should be done to sponsor of the Regulatory Improve- regulatory reform, we will be able to inform every major rulemaking deci- ments Act of 1997. prove what most of us having been say- sion, if a statute requires a certain ap- Efforts to reform the regulatory ing for years—that we can be true to proach to decisionmaking, the agency process began long before this Con- our principles to protect people and has to be bound by that requirement. gress, and the legislation we’re intro- preserve our natural resources without I think it will be very important to ducing today is a testament to the te- being antibusiness and antigrowth. discuss this issue during committee nacity of Senator LEVIN, who has At the same event in 1995, President hearings and decide whether the bill’s worked untiringly for responsible Clinton reiterated that growing the formulation is sufficient. A more ex- changes in the regulatory process for a economy and preserving our health and plicit savings clause may be needed. long time. Senator BUMPERS, as well as environment are compatible goals. The While we want to improve decision- our former colleagues Senators John- President stated that ‘‘protecting the

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6752 CONGRESSIONAL RECORD — SENATE June 27, 1997 health and safety of our citizens of the pitfalls found in the Dole bill. By fits a proposed rule is likely to provide, doesn’t have to come at the expense of narrowing the scope, we’ve also been and what the costs will be to achieve the bottom line,’’ and that ‘‘strength- able to concentrate our attention on those benefits. We also think people ening the economy doesn’t have to those elements which belong in a regu- have a right to know why an agency come at the expense of the air we latory reform bill but which were not would select a rule other than the most breathe, the food we eat, the water we resolved satisfactorily in the earlier cost-effective for meeting the objective drink.’’ bill. of the statute. During the last Congress, we wit- For example, we improved the ‘‘look- The bill broadly defines ‘‘benefits’’ nessed a massive effort to pass an ex- back process’’ which provides for the and ‘‘costs,’’ which provides agencies tremely broad regulatory reform bill, review of existing rules. The Dole bill with vast discretion. ‘‘Benefits’’ are de- offered by former Senator Dole. allowed rules to be placed on the sched- fined as ‘‘the reasonably identifiable Whether intentional or not, that bill ule for review either through agency significant favorable effects, quantifi- could have lowered the standards regu- action or a petitioning process review- able and nonquantifiable, including so- lating our health, our safety and our able by the courts. The petition process cial, health, environmental, economic national resources. was for those who could show that a and distributional effects, that are ex- In addition, that bill was too reliant rule would fail to meet the decisional pected to result directly or indirectly on litigation to challenge the enforce- criteria. Each petition denied would from implementation of, or compliance ment process. For example, the process have been separately reviewed by a with, a rule.’’ The term ‘‘costs’’ is simi- for reviewing existing rules was driven court. larly defined. largely by individual petitions each of The bill we’re introducing today As I stated at the beginning of my which were subject to review by a eliminates the courts from the agency comments, this has been a long, evolu- court. That bill also raised the specter review process altogether. The ques- tionary process. But I think this legis- that agency rules could be overturned tion of which rules should be reviewed lation we are introducing today rep- in court for minor procedural errors will not be the subject of litigation. In resents a responsible approach to im- that were unlikely to have affected the my view, this is one of the major im- proving the regulatory process. And I outcome of the decisionmaking proc- provements in this new version. Rather think it demonstrates what we can ac- ess. than having courts decide, through an complish when we set aside partisan The amount of litigation which adversary process, which rules should wrangling and rely on reason rather would have been created by the origi- be reviewed, the bill takes a more ra- than rhetoric to solve complex prob- nal bill, coupled with excessive paper- tional approach. Under the new bill, an lems such as this. Once again, I’ve been work requirements, would have led to advisory committee made up of a pleased to be involved in this process, agency overload. Rather than focusing cross-section of public and private in- and I commend both Senators LEVIN on producing and enforcing regulations terests affected by an agency’s regula- and THOMPSON for their determination to benefit society, the agencies would tions will recommend to the agency to see this through to conclusion. I have been tied up in court or proc- which rules to review. Agencies are re- look forward to working with my col- essing paper. And this problem would quired to give deference to the commit- leagues to improving the product and only have been exacerbated by deep tee’s list, and undertake a review of moving this legislation through the cuts proposed for many of the affected the rules selected. This will allow process. agencies. agencies to spend more of their time By Mr. DODD (for himself and After the original bill failed cloture reviewing rules and less of their time for the third time, former Senator Mr. BIDEN): in court. S. 983. A bill to prohibit the sale or Johnston, Senator LEVIN and I and our The most important aspect of a regu- other transfer of highly advanced staffs spent a great deal of time and en- latory reform bill is how it will change weapons to any country in Latin Amer- ergy trying to find common ground. agency behavior prospectively. We ica; to the Committee on Foreign Rela- Many Senators from both sides of the want to encourage agencies to choose tions. aisle were committed to reforming the the most cost-effective method for THE LATIN AMERICAN ARMS CONTROL ACT OF regulatory process, and we tried to use achieving the regulatory goal and to 1997 the synergy of the expertise of Sen- select a rule where the benefits justify Mr. DODD. Mr. President, today, I ators LEVIN and Johnston to develop an its costs whenever possible. come to the Senate floor to introduce acceptable package. Ideas and drafts Under current law, agencies are not legislation designed to send a signal to were frankly exchanged during the directed to take those factors into ac- the Clinton administration that the many hours of meetings we held. In be- count. In fact, agencies are given broad current United States policy of ban- tween meetings, we talked to inter- discretion under current law when de- ning the sale or transfer of sophisti- ested parties, including labor groups, veloping rules to implement statutes. cated fighter aircraft and other arma- environmental groups, business groups The only guide an agency must use to ments to Latin American countries— and the administration. The purpose of develop rules is the language of the which has by and large been United this excercise of listening and drafting statute upon which the rule is based. States policy for some 20 years—should was to determine whether we could That is the standard against which an not be altered. craft a responsible middle ground on agency’s action will be judged if chal- The bill I am introducing today regulatory reform. lenged in court. The agency must be would call upon the President to re- The three of us came very close to able to demonstrate that the rule satis- spect the requests of a number of Latin settling on a middle ground, but even- fies the statutory requirement. American leaders and prominent polit- tually the Presidential campaign made This legislation requires agencies to ical figures to maintain a moratorium it impossible to complete action. But consider additional criteria in devel- on the export of United States ad- what evolved from that process last oping major rules. The rule would not vanced weapons to that region. It year laid the groundwork for the ef- only have to meet the standard con- would also prohibit the issuances of the forts which began this Congress. With tained in the statute upon which the necessary licenses for such exports un- Presidential politics safely behind us, rule is based, as required under current less the President first certificated and with a substantially lowered dec- law, but would also have to consider that such sale was in the national secu- ibel level, Senators THOMPSON and whether the rule is the most cost-effec- rity interest of the United States and LEVIN were able to focus on the critical tive approach and meets a cost-benefit the Congress concurred with that find- elements and develop responsible re- test. If the agency adopts a rule which ing. form. The scope of the legislation has is not the most cost-effective, or where The Clinton administration is cur- been narrowed to address only those the benefits do not justify the costs, rently in the process of reviewing that issues which are essential to improving the agency must explain why it chose policy predominantly as a result of our regulatory process. that approach. We think consumers, heavy lobbying by those who are seek- By focusing on the essential require- taxpayers, and those subject to regula- ing to open up a new front for high dol- ments of reform, we’ve avoided many tion have a right to know what bene- lar sales of state-of-the-art defense

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6753 technology to countries in the Western ica. Nothing could be further from the tures in order to maintain parity with Hemisphere—particularly those in truth. Between 1992–1995 the United neighboring militaries—in some cases South America. States was the single largest supplier militaries that they have been in con- Mr. President, President Clinton has of weapons to Latin America, cap- flict within the last 20 years—Peru and a record he can be proud of with re- turing more than 25 percent of that Ecuador as recently as 1995. spect to the Western Hemisphere. The market. According to the Congres- I am strongly supportive of efforts 1994 Summit of the Americas, hosted sional Research Service during fiscal designed to improve U.S. export per- by the United States, to which all but years 1993–1996, U.S. arms sales to formance. Certainly we all want to see one head of state in the hemisphere Latin American nations averaged near- U.S. exports continue to grow—exports was invited, was hugely successful. ly $200 million annually. are critical to the health of our own Since that time, the President, to- No one is suggesting that Latin economy and are a primary source of gether with his colleagues throughout American countries, or that Latin jobs for hard working American men the region, has endeavored to pursue American militaries do not have legiti- and women. the hemispheric agenda that the re- mate defense and national security re- However, I would argue that it is gion’s leaders agreed to during the quirements that can only be met from shortsighted on our part to push coun- course of that summit—namely to foreign sources. I would strongly argue tries in the hemisphere to divert scarce strengthen democracy, increase trade, that our current policy is absolutely resources for nonproductive, one-time, bolster national security and combat compatible with those countries being arms purchases. drug trafficking. able to fulfill their legitimate require- These resources could be more wisely I would respectfully assert that were ments. spent repairing badly eroded infra- the United States to alter our policy of Sales of appropriate U.S. defense ar- structures and on other productive in- arms restraint with respect to the re- ticles and equipment have and should vestments that will reduce unemploy- gion, we would be undermining efforts continue. ment in these countries and generate to implement those important hemi- But, collective arms restraint should domestic purchasing power that will spheric objectives. Heretofore, the also be a part of any effort by regional provide for a more stable and sustain- President had been on the record in leaders to prepare their armed forces able market for U.S. nondefense ex- support of arms restraint, particularly for their role in the 21st century. ports. In that regard, I believe that the with respect to sales to developing Mr. President, it is my hope that the Governments of Argentina and Brazil countries. legislation I am introducing today will Last year, President Clinton joined deserve special recognition for the very call attention to the issues and con- with other members of the so called G– significant progress they have made in cerns I have raised today, and hope- 7 countries at the Lyon Summit to un- this area. fully will provoke a serious debate on derscore the importance of developing Mr. President, the region is at peace. the wisdom of altering a policy that and transition countries giving pri- Democracy is the order of the day. The has worked so well to promote U.S. in- ority to avoiding unproductive expend- demands on governments throughout terests in this hemisphere. itures, in particular excessive military the region to meet pressing economic spending. and social needs have never been great- Mr. President, I ask unanimous con- The International Monetary Fund er while government resources are se- sent to have printed in the RECORD a (IMF), which is responsible for moni- verely constrained. Now would seem a letter from former President Jimmy toring economic policies and balance of perfect opportunity to make real Carter in support of this legislation, payments throughout the world, has progress in reaching a regional arms along with the text of the bill. also given high priority to warning control agreement to deter future arms There being no objection, the bill and against the dangers of arms purchases. races, and thereby better marshal letter were ordered to be printed in the Most recently, on June 19, during the scarce resources. RECORD, as follows: Article IV consultations with the The entire region has just recently Be it enacted by the Senate and House of Rep- United States, where the performance recovered from a decade of negative resentatives of the United States of America in of the United States economy was re- growth. And, while growth is now on Congress assembled, viewed, the IMF staff, ‘‘urged the the upswing in many countries, more SECTION 1. SHORT TITLE. United States, together with other than half of them currently have per- This Act may be cited as the ‘‘Latin Amer- major countries, to administer their capita income levels below those ican Arms Control Act of 1997’’. policies on military sales to developing achieved by them 10 years ago. The SEC. 2. FINDINGS. and transition economy countries in a educational systems throughout the re- Congress makes the following findings: way that avoids encouraging unproduc- gion need major infusions of resources (1) It has been United States policy since tive expenditures and heightening se- to prepare the children of the Americas the Presidential directive of May 19, 1977, to refrain from making sales or other transfers curity tensions.’’ for the next decade. Currently, less to governments of Latin American countries It would be the ultimate irony, after than half of those children who enter of highly advanced weapons systems that all the time and effort that the Presi- the first grade remain in school could undermine regional military balances dent and his administration has ex- through the fifth grade. This is a stag- or stimulate an arms race. pended in helping to plant the seeds of gering statistic and one that needs to (2) There has only been one exception to democracy in our own hemisphere, and be changed. However, that isn’t going that policy, the sale of F–16 fighter aircraft in so carefully nurturing those seeds as to happen unless government resources to Venezuela in 1982, in response to a per- they have germinated and bloomed, if are devoted to this objective. ceived Cuban military buildup, including the he were to make a decision that would Perhaps that is why there has been acquisition by Cuba of Soviet-made MIG–23 fighters. undermine all of those efforts. no drumbeat from governments (3) While United States defense companies I believe that a decision to alter our throughout the hemisphere that Presi- have not been able to sell highly advanced current policy to permit the export of dent Clinton abandon our policy of weapons to Latin America, they are a major highly advanced weaponry to the re- arms restraint. In fact, heads of state supplier of military equipment to the region gion would do just that. Over the me- from Argentina, Brazil, Uruguay, and and hold the largest share of that market. dium term it could only serve to dis- Paraguay have publicly expressed their (4) From fiscal year 1993 through fiscal turb the delicate regional military bal- concerns about our altering the cur- year 1996 the United States Government sold ance and thereby pose a serious threat rent United States policy. $789,000,000 in arms to Latin America. to regional peace and economic pros- They know better than we do, the (5) In August 1996, Secretary of State War- perity. kinds of pressures that they will con- ren Christopher stated that his ‘‘strong con- viction is that we should be very careful Mr. President, if you were to listen front from their own militaries once about raising the level of competition be- to American defense contractors you this proverbial cat is out of the bag. tween countries with respect to arms sales’’. would think that our current policy One military instititution after an- (6) There are historic hostilities and mis- has prevented them from earning even other will seek to justify demands for trust in Latin America that can flare into 1 dollar on arms sales to Latin Amer- more and more costly defense expendi- serious conflict, as evidenced most recently

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6754 CONGRESSIONAL RECORD — SENATE June 27, 1997 by the 1995 border war between Peru and Ec- Act, that you plan to introduce in the Sen- vanced weapons. In this respect, it is uador that required international efforts to ate. It is a far-sighted statement, which I important to note that many senior resolve. hope your colleagues will endorse. Regret- figures in Latin America have come (7) For the first time in modern history, all tably, the momentum for an arms race in but one country in the Western Hemisphere South America seems to be increasing at the down on the side of restraint. In April is governed by democratically elected lead- very moment that the Cold War is over and of this year, for example, the Council ers. democracy has taken root. Your bill offers of Freely Elected Heads of Govern- (8) Latin America has just recovered from an alternative to an arms race in a way that ment—an organization consisting of a decade of negative growth, as measured on respects Latin America. current and former hemispheric leaders a real per capita basis, and 18 of the coun- I sincerely hope your colleagues join you from leading countries in the region— tries in the Western Hemisphere currently in this important endeavor at discouraging called on Latin American governments have per capita income levels below those an arms race in Latin America. I commend achieved by them ten years ago. you for your leadership in Congress on this to ‘‘accept a moratorium of two years (9) Poverty and insufficient educational issue. Let me know if there is anything else before purchasing any sophisticated opportunities continue to be a major chal- I can do to further our shared goal. weapons.’’ In the interim, the Council lenge to democratic governments in the Sincerely, urged governments of the region to Western Hemisphere, with less than one-half JIMMY CARTER. ‘‘explore ideas to restrain such arms,’’ of the children entering first grade remain- Mr. BIDEN. Mr. President, I am and urged governments that sell arms, ing in school until grade five, and with more than 100,000 street children in cities through- pleased to join the Senator from Con- including the United States, ‘‘to affirm out Latin American countries. necticut in sponsoring legislation their support for such a moratorium.’’ (10) At the meeting of the Council of Free- aimed at preventing the commence- This legislation that Senator DODD ly Elected Heads of Government on April 29, ment of an arms race in Latin Amer- and I introduce today would heed that 1997, representatives of Latin American gov- ica. request by expressing support for such ernments on the Council discussed the issue For the past two decades, the United a moratorium, and banning the trans- of arms sales to Latin American countries, States has prohibited the sale or trans- fer to the region of highly advanced pledged to accept a two-year moratorium on fer of advanced military equipment to the purchase of highly advanced weapons, weapons by the United States, unless called upon countries in the Western Hemi- the region. The ban, instituted by such transfer conforms to an inter- sphere to explore ideas to restrain future President Carter, has been generally national agreement governing sales to, purchases, and called upon the United States maintained since the late 1970’s, in- or purchases by, nations of the region. and other governments that sell arms to af- cluding during the administrations of In other words, if a regional arms con- firm their support for such a moratorium. Presidents Reagan and Bush. The lone trol agreement is negotiated permit- SEC. 3. SENSE OF THE SENATE. exception occurred in 1982, in response ting some sales but prohibiting others, It is the sense of the Senate that the Presi- to a perceived Cuban military buildup, arms transfers by the United States dent should respect the request of Latin when the United States sold F–16 fight- American heads of government for a two- would be allowed, provided such trans- year moratorium on the sale or other trans- er aircraft to the Government of Ven- fers conform to the arms control agree- fer of highly advanced weapons to Latin ezuela. ment then in place. American countries while proposals for re- The ban was instituted during a dif- It should be emphasized that this bill gional arms restraint are studied. ferent era, when many nations of the would not ban all sales of military SEC. 4. PROHIBITION. region were under the rule of military equipment to Latin America. Rather, (a) IN GENERAL.—Notwithstanding any dictators. To be sure, the nations of it would merely continue, in law, the other provision of law, under the Arms Ex- Latin America have made important policy and practice adhered to by the port Control Act or any other Act— (1) no sale or other transfer may be made advances since that period. Politically, executive branch for the past two dec- of any highly advanced weapon to any Latin dictatorship has given way to democ- ades: to not sell sophisticated military American country, racy. Every nation of the hemisphere— equipment such as advanced combat (2) no license may be issued for the export with the glaring exception of Cuba—is aircraft and attack helicopters to the of any highly advanced weapon to any Latin now governed by a democratically cho- nations of Latin America. It would per- American country, and sen leader. Additionally, after the lost mit U.S. firms to continue to sell other (3) no financing may be extended with re- decade of the 1980’s—a period of nega- spect to a sale or export of any highly ad- military equipment to Latin America— vanced weapon to a Latin American country, tive economic growth in many nations a market in which the United States unless the requirements of subsection (b) are of the region—the region is beginning now holds the largest share, and in satisfied and except as provided in sub- to recover economically. Indeed, the which U.S. firms have sold a total of section (c). nations of the region have made tre- nearly $800 million over the past 4 fis- (b) REQUIREMENTS.—The requirements of mendous progress in the past few cal years. this subsection are satisfied if— years, shedding the statist policies of Mr. President, it is the policy of the (1) the President determines and certifies past decades and embracing free mar- to Congress in advance that the sale, trans- United States to promote greater hem- fer, or financing, as the case may be, is nec- kets and free trade. ispheric integration—an objective pur- essary to further the national security inter- Although the times have changed, sued in the process initiated at the ests of the United States; and the need for restraint in the sale of Summit of the Americas, which was (2) Congress has enacted a joint resolution arms has not. First, although the re- hosted by President Clinton in 1994. approving the Presidential determination. gion is advancing economically, it is The policy set forth in this bill ad- (c) EXCEPTION.—Subsection (a) does not abundantly clear that few nations of vances that objective by honoring the apply to any sale, sales, financing, or license the region can afford the high costs permitted by an international agreement request of several Latin American na- that provides for restraint— that an arms race would impose. Sec- tions that they pursue a regional arms (1) in the purchase of highly advanced ond, an arms race in the region would control approach before advanced weapons by countries in Latin America; or be destabilizing—not only among na- weapons are introduced into the re- (2) in the sale or other transfer of highly tions of Latin America, but within gion. I urge my colleagues and the ad- advanced weapons to countries in Latin those nations where civilian control of ministration to support this legisla- America. the military is not yet fully consoli- tion. SEC. 5. DEFINITION OF HIGHLY ADVANCED dated. The Armed Forces remain im- WEAPONS In this Act, the term ‘‘highly advanced portant institutional actors in many By Mr. GRAHAM (for himself, weapons’’ includes advanced combat fighter nations of the region; the increased Mr. DEWINE, Mr. MACK, Mr. aircraft and attack helicopters but does not emphasis on arms procurement and MCCAIN, and Ms. MOSELEY- include transport helicopters. arms budgets could undermine the pri- BRAUN) (by request): orities and powers of the civilian lead- S. 984. A bill to promote the growth THE CARTER CENTER, ership. of free enterprise and economic oppor- Atlanta, GA, June 25, 1997. In the past year, there has been con- tunity in the Caribbean Basin region, Hon. CHRISTOPHER DODD, siderable discussion within the Clinton increase trade and investment between U.S. Senate, Committee on Foreign Relations, Washington, DC. administration, and among the nations the Caribbean Basin region and the TO SENATOR CHRISTOPHER DODD: I have of the region, about the wisdom of lift- United States, and encourage the adop- read the draft, Latin American Arms Control ing the U.S. ban on the sale of ad- tion by Caribbean Basin countries of

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6755 policies necessary for participation in implementation of the 1983 Caribbean Our security interests are also at the free trade area of the Americas; to Basin Initiative, from a deficit of $700 stake here. We have seen time and the Committee on Finance. million in 1985 to a surplus of $2.0 bil- again how economic instability can fo- THE UNITED STATES-CARIBBEAN BASIN TRADE lion in 1993. ment political turmoil, which in turn ENHANCEMENT ACT On a per capita basis, our surplus can require American political or mili- Mr. GRAHAM. Mr. President, I rise with the Caribbean has consistently tary involvement. this afternoon to introduce the United outplaced our surplus with any other In the past, as the citizens of my States-Caribbean Basin Trade En- region of the world. home State of Florida know all too hancement Act, and I am proud to be In the past 3 years alone, U.S. ex- well, economic and political instability joined by my colleagues Senators ports to the Caribbean Basin countries has also resulted in massive refugee DEWINE, MACK, MCCAIN, and MOSELEY- have increased by 22.8 percent. flows to the United States, which place BRAUN. This act also provides incentives for an unfair burden on U.S. taxpayers. This bill will enhance both our eco- continued legal and regulatory reform Second, the Caribbean has been one nomic and national security, while at that will make it easier for U.S. prod- of the principal transit regions for drug the same time strengthening that of ucts to compete in the markets of the traffickers moving their poisonous some of our closest and most loyal Caribbean Basin. cargo from the source countries of neighbors and allies—the nations of the By conditioning full benefits on the South America. Caribbean Basin. progress of economic reform, this act Several years ago, our efforts at re- Over the last decade, the United will benefit Americans as well as the ducing drug trafficking in the Carib- States has played a vital role in the people of the Caribbean. bean were so successful that we di- spread of democracy and the growth of It will open Caribbean markets to verted the traffickers to the Southwest free enterprise throughout the Western U.S. goods and services, and expand op- border. Unfortunately, recent law enforce- Hemisphere. portunities for U.S. businesses to enjoy Today, every nation in the Western the fruits of economic expansion that ment efforts along the Southwest bor- Hemisphere—with the notable, lamen- is occurring in the region. der have resulted in intensified relo- table exception of Cuba, where des- Let me give a couple of examples of cated, re-energized narcotics traf- potism and communism are taking ways that the incentives in this legis- ficking in the Caribbean. It is critical that the people of the their last gasps of life—has a demo- lation will help increase U.S. exports Caribbean Basin have real opportuni- cratic government and is opening its to the Caribbean. ties in the legal economy so they are economy in unprecedented ways. First, in order to receive any bene- not forced to turn to drug trafficking Democratic elections have become fits, a country must demonstrate its commitment to undertake its World to feed their families. the norm rather than the exception, In addition, the recent World Trade and hemispheric trade integration is a Trade Organization obligations on or ahead of schedule, and it must partici- Organization decision on bananas could common goal. have a devastating effect on the econo- But we in the United States must not pate in negotiations toward the com- mies of several countries in the region, allow success to breed neglect. pletion of a hemispheric free-trade thereby exacerbating the potential for Now is not the time to turn away agreement. Those are requirements for initial participation in this program. people to turn to illegal activities. from Latin America and Caribbean or Strengthening Caribbean economies Second, Caribbean nations must meet to turn our back on our backyard, through enhanced trade and economic certain economic requirements to re- something, unfortunately, that we activity will help keep drugs off the ceive the full benefits of our legisla- have done all too often in the past. streets of America, and out of the Continued attention is required to tion, which are only available after the hands of America’s children. consolidate and institutionalize these initial 3-year period. Mr. President, trade integration will These full benefits include equitable democratic and economic gains. occur in this hemisphere, whether we and reasonable market access to U.S. As we have seen recently in Haiti, choose to be part of it or not. economic and political instability in companies, protection of intellectual It is in our interest to bring more the Caribbean region can have tragic property rights, protection to investors countries into bilateral and multilat- consequences and impose enormous and investments, aggressive action eral trade agreements with the United costs to the United States. against corruption, transparent and States. We must remain vigilant and engaged competitive procedures in government If we fail to seize this opportunity, to ensure that other nations of the Car- procurement, and the adoption of others will take our place of leader- ibbean Basin do not experience similar internationally established rules on ship, and our economy will be the turmoil and tragedy. customs valuation. loser. The United States-Carribean Basin This legislation also encourages our This legislation gives us an oppor- Trade Enhancement Act is part of our trading partners to enhance U.S.-Carib- tunity to set the parameters of trade effort to consolidate democracy and bean cooperation in fighting drug traf- agreements, so that we can ensure that economic stability in the region. ficking. United States’ interests are secured, This act will bring tremendous bene- Mr. President, this legislation is not and that truly fair trading relation- fits to the United States as well. a free ride. It is a two-way street. ships are established. It is in both our economic and our We are providing these nations with There is no region in the world in national security interests to enact economic benefits, while at the same which the United States has a stronger this legislation. time expecting them to take steps that and more mutually beneficial relation- It will enhance our economic secu- will be good for American economic in- ship than the Caribbean Basin. rity both by opening new markets for terests. This bill will enhance our trading re- American goods, and by strengthening This act will strengthen Caribbean lationship with our neighbors and have the economies of our closest neighbors. economies while providing incentives tremendous benefits for the United Increased economic growth among to implement reforms that will open States. the nations of the region will provide new markets, and reduce risk, for U.S. I urge my colleagues to consider and growing markets for U.S. products. companies who wish to compete in the support the United States-Caribbean The United States enjoys a trade sur- Caribbean market. Trade Enhancement Act as a dem- plus with the Caribbean Basin. It will protect U.S. trademarks from onstration of our commitment to en- Historically, our economy has been piracy, permit U.S. companies to com- couraging economic and political sta- the chief beneficiary of a lowering of pete fairly for government procure- bility and to furthering the democratic trade barriers between the Caribbean ment contracts, and help to eliminate progress that has been made in our Basin and the United States. corruption. hemisphere, and around the world. The United States’ trade position rel- This is a good deal for both the Mr. President, I send the bill to the ative to the Caribbean Basin countries United States the countries of the Car- desk and ask for its appropriate refer- improved dramatically following the ibbean Basin. ral, and I ask unanimous consent that

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6756 CONGRESSIONAL RECORD — SENATE June 27, 1997 the text of the bill be printed in the ings given those terms in section 2 of the Congress the first report required under sec- RECORD. Uruguay Round Agreements Act (19 U.S.C. tion 212(f), the President may proclaim fur- There being no objection, the bill was 3501). ther reductions in duty for an article de- scribed in clause (i) or (ii) that is a product ordered to be printed in the RECORD, as SEC. 4. TEMPORARY PROVISIONS TO PROVIDE ADDITIONAL TRADE BENEFITS TO of a CBTEA beneficiary country if the Presi- follows: CERTAIN BENEFICIARY COUNTRIES. dent determines that the performance of the S. 984 (a) TEMPORARY PROVISIONS.—Section 213(b) country is satisfactory under the criteria Be it enacted by the Senate and House of Rep- of the Caribbean Basin Economic Recovery listed in paragraph (5)(C)(ii). The rate of resentatives of the United States of America in Act (19 U.S.C. 2703(b)) is amended to read as duty proclaimed by the President shall be no Congress assembled, follows: less than— ‘‘(b) IMPORT-SENSITIVE ARTICLES.— SECTION 1. SHORT TITLE. ‘‘(aa) with respect to an article described ‘‘(1) IN GENERAL.—Subject to paragraphs (2) This Act may be cited as the ‘‘United in clause (i), the amount determined under through (5), the duty-free treatment pro- States-Caribbean Basin Trade Enhancement subclause (III); and vided under this title does not apply to— Act’’. ‘‘(bb) with respect to an article described ‘‘(A) textile and apparel articles which SEC. 2. FINDINGS AND POLICY. in clause (ii), zero. were not eligible articles for purposes of this ‘‘(III) RATE OF DUTY FOR ARTICLES DE- (a) FINDINGS.—Congress makes the fol- title on January 1, 1994, as this title was in SCRIBED IN CLAUSE (i).—For purposes of sub- lowing findings: effect on that date; (1) The Caribbean Basin Economic Recov- clause (II)(aa), the amount of duty that the ‘‘(B) footwear not designated at the time of President may proclaim under such sub- ery Act (referred to in this Act as ‘‘CBERA’’) the effective date of this title as eligible ar- represents a permanent commitment by the clause with respect to an article described in ticles for the purpose of the generalized sys- clause (i) shall be the lesser of— United States to encourage the development tem of preferences under title V of the Trade ‘‘(aa) the rate of duty that would apply to of strong democratic governments and revi- Act of 1974; an article at the time of importation from a talized economies in neighboring countries ‘‘(C) tuna, prepared or preserved in any CBTEA beneficiary country but for the en- in the Caribbean Basin. manner, in airtight containers; actment of the CBTEA, or (2) Thirty-four democratically elected ‘‘(D) petroleum, or any product derived ‘‘(bb) the tariff treatment that is accorded leaders agreed at the 1994 Summit of the from petroleum, provided for in headings 2709 to a like article of Mexico under section 2 of Americas to conclude negotiation of a Free and 2710 of the HTS; the Annex as implemented pursuant to Trade Area of the Americas (referred to in ‘‘(E) watches and watch parts (including United States law. this Act as ‘‘FTAA’’) by the year 2005. cases, bracelets, and straps), of whatever ‘‘(IV) CERTAIN DEFINITIONS.—For purposes (3) The economic security of the countries type including, but not limited to, mechan- of this clause, the term ‘x’ means the rate of in the Caribbean Basin will be enhanced by ical, quartz digital or quartz analog, if such duty described in subclause (III)(aa) and the the completion of the FTAA. watches or watch parts contain any material term ‘y’ means the tariff treatment de- (4) Offering temporary benefits to Carib- which is the product of any country with re- scribed in subclause (III)(bb). bean Basin countries will enhance trade be- spect to which HTS column 2 rates of duty ‘‘(iv) NO QUANTITATIVE RESTRICTIONS.—Ex- tween the United States and the Caribbean apply; or cept as provided in subparagraph (E), no Basin, encourage development of trade and ‘‘(F) articles to which reduced rates of quantitative restriction or consultation investment policies that will facilitate par- duty apply under subsection (h). level may be applied to the importation into ticipation of Caribbean Basin countries in ‘‘(2) TRANSITION PERIOD TREATMENT OF CER- the United States of any textile or apparel the FTAA, preserve the United States com- TAIN TEXTILE AND APPAREL ARTICLES.— article that— mitment to Caribbean Basin beneficiary ‘‘(A) PREFERENTIAL TARIFF AND QUOTA ‘‘(I) is a CBTEA originating good, or countries, help further economic develop- TREATMENT.—During the transition period— ‘‘(II) qualifies for preferential tariff treat- ment in the Caribbean Basin region, and ac- ‘‘(i) GOODS ORIGINATING IN BENEFICIARY ment under clause (ii)(I) or (II). celerate the trend toward more open econo- COUNTRY.—Clause (iii) applies with respect to ‘‘(B) TRANSITION PERIOD TREATMENT OF CER- mies in the region. a textile or apparel article that is a CBTEA TAIN NONORIGINATING TEXTILE AND APPAREL (5) Promotion of the growth of free enter- originating good. ARTICLES.— prise and economic opportunity in the Carib- ‘‘(ii) CERTAIN OTHER GOODS.—Clause (iii) ‘‘(i) REQUEST FOR PREFERENTIAL TARIFF bean Basin will enhance the national secu- applies with respect to a textile or apparel TREATMENT.—At any time during the transi- rity interests of the United States. article that is imported into the United tion period, an interested United States per- (6) Increased trade and economic activity States from a CBTEA beneficiary country son may submit in writing to the President between the United States and Caribbean and that— a request that the President proclaim pref- Basin beneficiary countries will create ex- ‘‘(I) is assembled in a CBTEA beneficiary erential tariff treatment described in clauses panding export opportunities for United country from fabrics wholly formed and cut (iii) and (iv) with respect to any eligible tex- States businesses and workers. in the United States from yarns formed in tile or apparel article described in clause (ii). (b) POLICY.—It is the policy of the United the United States, and is imported into the Upon receiving the request, the President States to— United States— shall determine promptly whether the arti- (1) offer Caribbean Basin beneficiary coun- ‘‘(aa) under subheading 9802.00.80 of the cle is eligible for preferential tariff treat- tries willing to prepare to become a party to HTS; or ment. If the President determines that the the FTAA or a comparable trade agreement, ‘‘(bb) under chapter 61, 62, or 63 of the HTS, article is eligible for preferential treatment, tariff treatment essentially equivalent to if after such assembly the article would have the President shall proclaim such treatment that accorded to products of NAFTA coun- qualified for entry under subheading with respect to the article. If the President tries for products not currently eligible for 9802.00.80 of the HTS but for the fact the arti- does not make a determination within 120 duty-free treatment under the CBERA; and cle was subjected to stone-washing, enzyme- days after the date a request is received, the (2) seek the participation of Caribbean washing, acid-washing, perma-pressing, request shall be treated as approved and all Basin beneficiary countries in the FTAA or a oven-baking, bleaching, embroidery, or gar- articles listed in the request that are de- trade agreement comparable to the FTAA at ment-dyeing; or scribed in clause (ii) shall be accorded the the earliest possible date, with the goal of ‘‘(II) is identified under subparagraph (C) preferential treatment described in clauses achieving full participation in such agree- as a handloomed, handmade, or folklore arti- (iii) and (iv). ment not later than 2005. cle of such country and is certified as such ‘‘(ii) ELIGIBLE ARTICLES.—An article is de- SEC. 3. DEFINITIONS. by the competent authority of such country. scribed in this clause if it is an apparel arti- In this Act: ‘‘(iii) TARIFF TREATMENT.— cle provided for in chapter 61 or 62 of the (1) BENEFICIARY COUNTRY.—The term ‘‘ben- ‘‘(I) IN GENERAL.—The President shall pro- HTS and if— eficiary country’’ has the meaning given the claim— ‘‘(I) it is a product of a CBTEA beneficiary term in section 212(a)(1)(A) of the Caribbean ‘‘(aa) with respect to an article described country but does not qualify as a CBTEA Basin Economic Recovery Act (19 U.S.C. in clause (i) imported into the United States originating good; 2702(a)(1)(A)). from a CBTEA beneficiary country, a rate of ‘‘(II) it is an article described in the same (2) CBTEA.—The term ‘‘CBTEA’’ means duty equal to the lesser of ‘x’ or the amount 8-digit subheading of the HTS as an article the United States-Caribbean Basin Trade En- determined by using the formula ‘.5(x-y) + y’, that would be eligible for the preferential hancement Act. in which the terms ‘x’ and ‘y’ have the mean- tariff treatment under Appendix 6.B of the (3) NAFTA.—The term ‘‘NAFTA’’ means ings given such terms in subclause (IV); and Annex, as implemented pursuant to United the North American Free Trade Agreement ‘‘(bb) with respect to an article described States law, if the article were imported from entered into between the United States, in clause (ii), imported into the United Mexico in quantities that are less than or Mexico, and Canada on December 17, 1992. States from a CBTEA beneficiary country, a equal to the quantities specified in Schedule (4) NAFTA COUNTRY.—The term ‘‘NAFTA rate of duty equal to 50 percent of the 6.B.1; and country’’ means any country with respect to amount of duty that otherwise would apply ‘‘(III) the President determines that— which the NAFTA is in force. to such article. ‘‘(aa) the fabric from which the article is (5) WTO AND WTO MEMBER.—The terms ‘‘(II) ADDITIONAL REDUCTIONS.—On or after made is not commercially available from ‘‘WTO’’ and ‘‘WTO member’’ have the mean- the date on which the President submits to producers in the United States, or

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6757 ‘‘(bb) if the article is knit-to-shape in a respect to a like article described in the the country but for the enactment of the CBTEA beneficiary country, the yarn from same 8-digit subheading of the HTS that is CBTEA, or which it is knit is not commercially avail- imported from Mexico; or ‘‘(II) the tariff treatment that is accorded able from producers in the United States. ‘‘(II) bilateral emergency quantitative re- a like article of Mexico under Annex 302.2 of ‘‘(iii) PREFERENTIAL TARIFF TREATMENT.— striction actions of a kind described in sec- NAFTA as implemented pursuant to United The amount of duty imposed during the tion 5 of the Annex with respect to imports States law. transition period on an article receiving of any textile or apparel article of a CBTEA ‘‘(C) CERTAIN DEFINITIONS.—For purposes of preferential tariff treatment under this sub- beneficiary country, including articles eligi- subparagraph (A), the term ‘x’ means the paragraph shall be identical to the tariff ble for preferential tariff treatment under rate of duty described in subparagraph treatment that would apply to the article subparagraph (A), if the importation of such (B)(ii)(I) and the term ‘y’ means the tariff under subparagraph (A)(iii) if the article an article into the United States results in treatment described in subparagraph were a CBTEA originating good. conditions that would be cause for the tak- (B)(ii)(II). ‘‘(iv) QUANTITY OF ELIGIBLE ARTICLES RE- ing of such actions under such section 5 with ‘‘(D) EXCEPTION.—Paragraphs (A) and (B) CEIVING PREFERENTIAL TREATMENT.—In any respect to a like article described in the do not apply to any article accorded duty- 12-month period, the quantity of eligible ar- same 8-digit subheading of the HTS that is free treatment under U.S. Note 2(b) to sub- ticles in any category imported from a imported from Mexico. chapter II of chapter 98 of the HTS. CBTEA beneficiary country that may receive ‘‘(ii) RULES RELATING TO BILATERAL EMER- ‘‘(E) RELATIONSHIP TO DUTY REDUCTIONS the preferential tariff treatment described in GENCY ACTION.—For purposes of applying bi- clause (iii) may not exceed ten percent of the UNDER SUBSECTION (h).—If at any time during lateral emergency action under this subpara- the transition period the rate of duty that quantity of articles in such category im- graph— ported from such country under subheading would (but for action taken under subpara- ‘‘(I) the requirements of paragraph (5) of graph (A) or (B)) apply with respect to any 9802.00.80 of the HTS, excluding articles that section 4 of the Annex (relating to providing article under subsection (h) is a rate of duty qualified for preferential tariff treatment compensation) shall not apply; that is lower than the rate of duty resulting under subparagraph (A)(ii) (or would have ‘‘(II) the term ‘transition period’ in sec- from such action, then such lower rate of qualified for such treatment if that para- tions 4 and 5 of the Annex shall have the duty shall be applied. graph had been in effect with respect to im- meaning given that term in paragraph (5)(G) ‘‘(4) CUSTOMS PROCEDURES.— ports of such articles from such country), in of this subsection; ‘‘(A) IN GENERAL.— the preceding 12-month period. ‘‘(III) the requirements to consult specified ‘‘(i) REGULATIONS.—Any importer that ‘‘(C) HANDLOOMED, HANDMADE, AND FOLK- in section 4 or 5 of the Annex shall be treated claims preferential tariff treatment under LORE ARTICLES.—For purposes of subpara- as satisfied if the President requests con- paragraph (2) or (3) shall comply with cus- graph (A), the President, after consultation sultations with the beneficiary country in toms procedures similar in all material re- with the CBTEA beneficiary country con- question and the country does not agree to cerned, shall determine which, if any, par- consult within the time period specified spects to the requirements of Article 502(1) of ticular textile and apparel goods of the coun- under section 4 or 5, whichever is applicable; the NAFTA as implemented pursuant to try shall be treated as being handloomed, ‘‘(IV) during the first 14 months after im- United States law, in accordance with regu- handmade, or folklore goods of a kind de- ports commence from a CBTEA beneficiary lations promulgated by the Secretary of the scribed in section 2.3 (a), (b), or (c) or Appen- country under paragraph (2)(A) (or recom- Treasury. dix 3.1.B.11 of the Annex. mence because of a redesignation of such ‘‘(ii) DETERMINATION.—In order to qualify ‘‘(D) TRANSITION PERIOD ADJUSTMENT OF EX- country), the minimum quantity of any tex- for such preferential tariff treatment and for ISTING QUANTITATIVE RESTRICTIONS.— tile or apparel article from such country sub- a Certificate of Origin to be valid with re- ‘‘(i) IN GENERAL.—During the transition pe- ject to quantitative restrictions may be de- spect to any article for which such treat- riod, the President, after negotiating with termined under paragraph 7 of section 5 of ment is claimed, there shall be in effect a de- the CBTEA beneficiary country concerned, the Annex based on a reasonable estimate termination by the President that— may reduce the quantities of textile and ap- (using available data where possible) of the ‘‘(I) the CBTEA beneficiary country from parel articles that can be imported into the which the article is exported, and United States from that country under exist- quantity of such articles imported from such country during the relevant period (as de- ‘‘(II) each CBTEA beneficiary country in ing quantitative restrictions to reflect the which materials used in the production of quantities of textile and apparel articles fined in such paragraph 7) that did not qual- ify or would not have qualified as originating the article originate or undergo production from such country that are exempt from that contributes to a claim that the article quota restrictions pursuant to subparagraph goods; and ‘‘(V) after the 14-month period described in is a CBTEA originating good, has imple- (A)(iv). mented and follows, or is making substantial ‘‘(ii) TRANSSHIPMENTS.—Whenever the subclause (IV), the minimum quantity of ar- progress toward implementing and following, President finds, based on sufficient evidence, ticles subject to such quantitative restric- procedures and requirements similar in all that transshipment within the meaning of tions shall be determined under paragraph 7 material respects to the relevant procedures clause (iii) has occurred, the President, after of section 5 of the Annex based on the most and requirements under chapter 5 of the consultations with the CBTEA beneficiary recently available Bureau of the Census im- NAFTA. countries through whose territories the port statistics. President finds transshipment to have oc- ‘‘(3) PREFERENTIAL TARIFF TREATMENT OF ‘‘(B) CERTIFICATE OF ORIGIN.—The Certifi- curred, may reduce the quantities of textile CERTAIN OTHER ARTICLES ORIGINATING IN cate of Origin that otherwise would be re- and apparel articles that can be imported CBTEA BENEFICIARY COUNTRIES.— quired pursuant to the provisions of subpara- into the United States from each such coun- ‘‘(A) IN GENERAL.—During the transition graph (A) shall not be required in the case of try by such amount as the President deter- period, the President shall proclaim a rate of an article imported under paragraph (2) or (3) mines. duty, with respect to any article referred to if such Certificate of Origin would not be re- ‘‘(iii) TRANSSHIPMENT DESCRIBED.—Trans- in any of subparagraphs (B) through (F) of quired under Article 503 of the NAFTA (as shipment within the meaning of this clause paragraph (1) that is a CBTEA originating implemented pursuant to United States law), has occurred when preferential tariff treat- good, equal to the lesser of— if the article were imported from Mexico. ment for a textile or apparel article under ‘‘(i) ‘x’, or ‘‘(5) DEFINITIONS AND SPECIAL RULES.—For subparagraph (A) or (B) has been claimed on ‘‘(ii) the amount determined by using the purposes of this subsection— the basis of material false information con- formula ‘.5(x-y) + y’. ‘‘(A) ANNEX.—The term ‘the Annex’ means cerning the country of origin, manufacture, For purposes of the preceding sentence, the Annex 300–B of the NAFTA. processing, or assembly of the article or any terms ‘x’ and ‘y’ have the meanings given ‘‘(B) CATEGORY.—For purposes of paragraph of its components. For purposes of this such terms in subparagraph (C). (2)(B)(iv), ‘category’ means a category that clause, false information is material if dis- ‘‘(B) ADDITIONAL REDUCTIONS.— is described in the most current edition of closure of the true information would mean ‘‘(i) IN GENERAL.—On or after the date on the Correlation: Textile and Apparel Cat- or would have meant that the article is or which the President submits to Congress the egories with the Harmonized Tariff Schedule was ineligible for preferential tariff treat- first report required under section 212(f), the of the United States, prepared by the Depart- ment under subparagraph (A) or (B). President may proclaim further reductions ment of Commerce. ‘‘(E) BILATERAL EMERGENCY ACTIONS.— in the rate of duty for any article described ‘‘(C) CBTEA BENEFICIARY COUNTRY.— ‘‘(i) IN GENERAL.—The President may in subparagraph (A) in accordance with this ‘‘(i) IN GENERAL.—The term ‘CBTEA bene- take— subparagraph if the President determines ficiary country’ means any ‘beneficiary ‘‘(I) bilateral emergency tariff actions of a that the performance of the country is satis- country’, as defined by section 212(a)(1)(A) of kind described in section 4 of the Annex with factory under the criteria listed in paragraph this title, which the President determines respect to any textile or apparel article im- (5)(C)(ii). has demonstrated a commitment to— ported from a CBTEA beneficiary country if ‘‘(ii) RATE OF DUTY.—The rate of duty pro- ‘‘(I) undertake its obligations under the the application of tariff treatment under claimed by the President under this subpara- WTO on or ahead of schedule; subparagraph (A) to such article results in graph shall be no less than the lesser of— ‘‘(II) participate in negotiations toward the conditions that would be cause for the tak- ‘‘(I) the rate of duty that would apply to completion of the FTAA or a comparable ing of such actions under such section 4 with the article at the time of importation from trade agreement; and

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‘‘(III) undertake other steps necessary for WTO Ministerial Conference held in Singa- (b) DETERMINATION REGARDING RETENTION that country to become a party to the FTAA pore on December 9–13, 1996, and OF DESIGNATION.—Section 212(e) of the Carib- or a comparable trade agreement. ‘‘(bb) applies transparent and competitive bean Basin Economic Recovery Act (19 ‘‘(ii) CRITERIA FOR DETERMINATION.—In procedures in government procurement U.S.C. 2702(e)) is amended— making the determination under clause (i), equivalent to those contained in the WTO (1) in paragraph (1)— the President may consider the criteria in Agreement on Government Procurement (de- (A) by redesignating subparagraphs (A) and sections 212(b) and (c) and other appropriate scribed in section 101(d)(17) of the Uruguay (B) as clauses (i) and (ii), respectively; criteria, including— Round Agreements Act); (B) by inserting ‘‘(A)’’ after ‘‘(1)’’; ‘‘(I) the extent to which the country fol- ‘‘(XI) the extent to which the country fol- (C) by striking ‘‘would be barred’’ and all lows accepted rules of international trade lows the rules on customs valuation set forth that follows through the end period and in- provided for under the agreements listed in in the WTO Agreement on Implementation of serting: ‘‘no longer satisfies one or more of section 101(d) of the Uruguay Round Agree- Article VII of the GATT 1994 (described in the conditions for designation as a bene- ments Act; section 101(d)(8) of the Uruguay Round ficiary country set forth in subsection (b) or ‘‘(II) the extent to which the country pro- Agreements Act); such country fails adequately to meet one or vides protection of intellectual property ‘‘(XII) the extent to which the country af- more of the criteria set forth in subsection rights— fords to products of the United States which (c).’’; and ‘‘(aa) in accordance with standards estab- the President determines to be of commer- (D) by adding at the end the following: lished in the Agreement on Trade-Related cial importance to the United States with re- ‘‘(B) The President may, after the require- Aspects of Intellectual Property Rights de- spect to such country, and on a nondiscrim- ments of subsection (a)(2) and paragraph (2) scribed in section 101(d)(15) of the Uruguay inatory basis to like products of other WTO have been met— Round Agreements Act; members, tariff treatment that is no less fa- ‘‘(i) withdraw or suspend the designation of ‘‘(bb) in accordance with standards estab- vorable than the most favorable tariff treat- any country as a CBTEA beneficiary coun- lished in chapter 17 of the NAFTA; and ment provided by the country to any other try, or ‘‘(cc) by granting the holders of copyrights country pursuant to any free trade agree- ‘‘(ii) withdraw, suspend, or limit the appli- the ability to control the importation and ment to which such country is a party, other cation of preferential tariff treatment under sale of products that embody copyrighted than the Central American Common Market section 213(b)(2) and (3) to any article of any works, extending the period set forth in Arti- or the Caribbean Community and Common country, if, after such designation, the Presi- cle 1711(6) of NAFTA for protecting test data Market. dent determines that as a result of changed for agricultural chemicals to 10 years, pro- ‘‘(D) CBTEA ORIGINATING GOOD.— circumstances, the performance of such tecting trademarks regardless of their subse- ‘‘(i) IN GENERAL.—The term ‘CBTEA origi- country is not satisfactory under the criteria quent designation as geographic indications, nating good’ means a good that meets the set forth in section 213(b)(5)(C).’’; and and providing enforcement against the im- rules of origin for a good set forth in chapter (2) by adding after paragraph (2) the fol- portation of infringing products at the bor- 4 of the NAFTA as implemented pursuant to lowing new paragraph: der; United States law, and, in the case of a good ‘‘(3) If preferential treatment under section ‘‘(III) the extent to which the country pro- described in Appendix 6.A of the Annex, the 213(b)(2) and (3) is withdrawn, suspended, or vides protections to investors and invest- requirements stated in Appendix 6.A as im- limited with respect to a CBTEA beneficiary ments of the United States substantially plemented pursuant to United States law. country, such country shall not be deemed to equivalent to those set forth in chapter 11 of ‘‘(ii) APPLICATION OF CHAPTER 4 AND ANNEX be a ‘party’ for the purposes of applying sec- the NAFTA; 6.A.—In applying chapter 4 and Appendix 6.A tion 213(b)(5)(D) to imports of articles for ‘‘(IV) the extent to which the country pro- with respect to a CBTEA beneficiary country which preferential treatment has been with- vides the United States and other WTO mem- for purposes of this subsection— drawn, suspended, or limited with respect to bers nondiscriminatory, equitable, and rea- ‘‘(I) no country other than the United such country.’’. sonable market access with respect to the States and a CBTEA beneficiary country (c) REPORTING REQUIREMENTS.—Section 212(f) of the Caribbean Basin Economic Re- products for which benefits are provided may be treated as being a party to the covery Act (19 U.S.C. 2702(f)) is amended to under paragraphs (2) and (3), and in other rel- NAFTA; read as follows: evant product sectors as determined by the ‘‘(II) any reference to trade between the ‘‘(f) REPORTING REQUIREMENTS.—Not later President; United States and Mexico shall be deemed to than December 15, 2000, and at the end of ‘‘(V) the extent to which the country pro- refer to trade between the United States and each 3-year period thereafter, the President vides internationally recognized worker a CBTEA beneficiary country; shall submit to Congress a report regarding rights, including— ‘‘(III) any reference to a party shall be the operation of this title, including— ‘‘(aa) the right of association, deemed to refer to a CBTEA beneficiary ‘‘(1) with respect to subsections (b) and (c), ‘‘(bb) the right to organize and bargain col- country or the United States; and the results of a general review of beneficiary lectively, ‘‘(IV) any reference to parties shall be countries based on the considerations de- ‘‘(cc) prohibition on the use of any form of deemed to refer to any combination of scribed in such subsections; and coerced or compulsory labor, CBTEA beneficiary countries or to the ‘‘(2) the performance of each CBTEA bene- ‘‘(dd) a minimum age for the employment United States and a CBTEA beneficiary ficiary country with respect to the criteria of children, and country (or any combination thereof). set forth in section 213(b)(5)(C)(ii).’’. ‘‘(ee) acceptable conditions of work with ‘‘(E) INTERESTED UNITED STATES PERSON.— (d) INTERNATIONAL TRADE COMMISSION RE- respect to minimum wages, hours of work, For purposes of paragraph (2)(B)(i), the term PORTS.— and occupational safety and health; ’interested United States person’ means— (1) Section 215(a) of the Caribbean Basin ‘‘(VI) the extent to which the country ‘‘(i) a person doing business in the United Economic Recovery Act (19 U.S.C. 2704(a)) is adopts, maintains, and effectively enforces States as— amended to read as follows: laws providing for high levels of environ- ‘‘(I) an importer of wearing apparel or fab- ‘‘(a) REPORTING REQUIREMENT.— mental protection; ric piece goods, or ‘‘(1) IN GENERAL.—The United States Inter- ‘‘(VII) whether the country has met the ‘‘(II) a producer of wearing apparel, or national Trade Commission (in this section counter-narcotics certification criteria set ‘‘(ii) a labor union representing workers referred to as the ‘Commission’) shall submit forth in section 490 of the Foreign Assistance employed in the United States in the produc- to Congress and the President, biennial re- Act of 1961 for eligibility for United States tion of wearing apparel. ports regarding the economic impact of this assistance; ‘‘(F) TEXTILE OR APPAREL ARTICLE.—The title on United States industries and con- ‘‘(VIII) the extent to which the country be- term ‘textile or apparel article’ means any sumers. comes a party to and implements the Inter- article referred to in paragraph (1)(A) that is ‘‘(2) FIRST REPORT.—The first report shall American Convention Against Corruption, a good listed in Appendix 1.1 of the Annex. be submitted not later than September 30 of and becomes party to a convention regarding ‘‘(G) TRANSITION PERIOD.—The term ‘transi- the year following the year in which the Car- the extradition of its nationals. tion period’ means, with respect to a CBTEA ibbean Basin Trade Enhancement Act is en- ‘‘(IX) the extent to which the country en- beneficiary country, the period that begins acted. No report shall be required under this ters into and implements an agreement with on the date of enactment of the CBTEA and section after September 30, 2005. the United States for the exchange of tax in- ends on the earlier of— ‘‘(3) TREATMENT OF PUERTO RICO, ETC.—For formation, as described in section 274(h)(6)(C) ‘‘(i) September 30, 2005, or purposes of this section, industries in the of the Internal Revenue Code; ‘‘(ii) the date on which the FTAA or a com- Commonwealth of Puerto Rico and the insu- ‘‘(X) the extent to which the country— parable trade agreement enters into force lar possessions of the United States are con- ‘‘(aa) supports the multilateral and re- with respect to the United States and the sidered to be United States industries.’’. gional objectives of the United States with CBTEA beneficiary country. (2) Section 206(a) of the Andean Trade Pref- respect to government procurement, includ- ‘‘(H) CBTEA.—The term ‘CBTEA’ means erence Act (19 U.S.C. 3204(a)) is amended to ing the negotiation of government procure- the United States-Caribbean Basin Trade En- read as follows: ment provisions as part of the FTAA and hancement Act. ‘‘(a) REPORTING REQUIREMENTS.— conclusion of a WTO transparency agree- ‘‘(I) FTAA.—The term ‘FTAA’ means the ‘‘(1) IN GENERAL.—The United States Inter- ment as provided in the declaration of the Free Trade Area of the Americas.’’. national Trade Commission (in this section

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6759 referred to as the ‘Commission’) shall submit cation. Although Larry Doby accepted fice in my hometown of Paterson, NJ to Congress and the President, biennial re- an offer to play basketball for Long Is- after a true American hero, Larry Eu- ports regarding the economic impact of this land University, his collegiate athletic gene Doby. title on United States industries and con- career was shortened as he enlisted in Mr. President, 1997 marks the 50th sumers, and, in conjunction with other agen- cies, the effectiveness of this title in pro- the U.S. Navy to serve our country in anniversary of the breaking of major moting drug-related crop eradication and World War II. Following World War II, league baseball’s color barrier. In April crop substitution efforts of the beneficiary Doby played for the Negro League New- 1947, Jackie Robinson played his first countries. ark Eagles, where he led the league game with the National League’s ‘‘(2) SUBMISSION.—During the period that with a batting average of .458 and 13 Brooklyn Dodgers and ended segrega- this title is in effect, the report required by home runs. tion in our national pastime; simulta- paragraph (1) shall be submitted on Sep- Some of Larry Doby’s major league neously, he entered America’s pan- tember 30 of each year that the report re- baseball accomplishments include theon of heroes. quired by section 215 of the Caribbean Basin While we rightfully honor Mr. Robin- Economic Recovery Act is not submitted. being the first African-American play- son, we cannot forget that heroes rare- ‘‘(3) TREATMENT OF PUERTO RICO, ETC.— For er in the American League, the first purposes of this section, industries in the African-American player on a world se- ly fight their battles alone. Larry Doby Commonwealth of Puerto Rico and the insu- ries team, and the second African- is one of those heroes. Only 11 weeks lar possessions of the United States are con- American to manage in the major after Jackie Robinson first graced a sidered to be United States industries.’’. leagues. Mr. Doby will be recognized by major league diamond, Larry Doby of (e) CONFORMING AMENDMENTS.—Section major league baseball at the all-star Paterson, NJ took the field with the 213(a)(1) of the Caribbean Basin Economic game in Cleveland. The naming of this Cleveland Indians, becoming the first Recovery Act (19 U.S.C. 2703(a)(1)) is amend- ed by inserting ‘‘and except as provided in post office in Larry Doby’s honor in his African-American player in the Amer- subsection (b) (2) and (3)’’ after ‘‘Tax Reform hometown of Paterson would be a fit- ican League. Once on the team, he Act of 1986,’’. ting tribute to this great American. brought an ability and level of consist- SEC. 5. ADEQUATE AND EFFECTIVE PROTECTION Mr. President, I ask unanimous con- ency to the game that few could FOR INTELLECTUAL PROPERTY sent that the text of the bill be printed match. He was the first African-Amer- RIGHTS. in the RECORD. ican player to hit a home run in the Section 212(c) of the Caribbean Basin Eco- There being no objection, the bill was world series, and he was named to six nomic Recovery Act (19 U.S.C. 2702(c)) is ordered to be printed in the RECORD, as amended by adding at the end the following straight American League all-star flush sentence: follows: teams. During his 13 year career, he at- ‘‘Notwithstanding any other law, the Presi- S. 985 tained a .283 lifetime batting average dent may determine that a country is not Be it enacted by the Senate and House of Rep- and hit 253 home runs. providing adequate and effective protection resentatives of the United States of America in Mr. President, the day Larry Doby of intellectual property rights under para- Congress assembled, first took the field was definitely a graph (9), even if the country is in compli- SECTION 1. FINDINGS. great day for baseball enthusiasts. Mil- ance with the country’s obligations under Congress finds the following: lions of fans were able to enjoy the ex- the Agreement on Trade-Related Aspects of (1) Larry Eugene Doby was born in Cam- citement he brought to the plate and Intellectual Property Rights described in den, South Carolina, on December 12, 1923, the skill he brought to the field. and moved to Paterson, New Jersey, in 1938. section 101(d)(15) of the Uruguay Round But it was also a great day for every Agreements Act (19 U.S.C. 3511(d)(15)).’’. (2) After playing the 1946 season in the American. Along with Robinson’s ear- SEC. 6. DEFINITIONS. Negro League for the Newark Eagles, Larry Section 212(a)(1) of the Caribbean Basin Doby’s contract was purchased by the Cleve- lier integration of the National Economic Recovery Act (19 U.S.C. 2702(a)(1)) land Indians of the American League on July League, Doby’s joining the American is amended by adding at the end the fol- 3, 1947. League was a double play against rac- lowing new subparagraph: (3) On July 5, 1957, Larry Doby became the ism and inequality. And in the early ‘‘(D) The term ‘NAFTA’ means the North first African-American to play in the Amer- years it wasn’t easy. Doby had to meet ican League. American Free Trade Agreement entered the challenges of the game, while also into between the United States, Mexico, and (4) Larry Doby played in the American League for 13 years, appearing in 1,533 games facing sometimes angry opponents. But Canada on December 17, 1992. whether he was faced with a curve ball ‘‘(E) The terms ‘WTO’ and ‘WTO member’ and batting .283, with 253 home runs and 969 have the meanings given those terms in sec- runs batted in. hurled by an opposing pitcher, or a foul tion 2 of the Uruguay Round Agreements Act (5) Larry Doby was voted to 7 all-star remark hurled by a bigoted fan, he (19 U.S.C. 3501).’’. teams, led the American League in home handled it with dignity, grace, and runs twice, and played in 2 World Series. He skill. By Mr. TORRICELLI (for himself, was the first African-American to play in the Because of the manner in which he World Series and to hit a home run in a Mr. LAUTENBERG, and Mr. HOL- World Series game, both in 1948. handled such adversity, he not only LINGS): (6) Larry Doby was recognized for his re- tore down the walls of exclusion, he S. 985. A bill to designate the post of- markable achievements in baseball with his also opened the windows of opportunity fice located at 194 Ward Street in induction into the Baseball Hall of Fame in for many other African-American play- Paterson, NJ, as the ‘‘Larry Doby Post 1987. ers, who followed him into the major Office’’; to the Committee on Govern- (7) After his stellar playing career ended, leagues. Thanks to his example, we all mental Affairs. Larry Doby continued to make a significant learned that, in the words of Martin contribution to his community. He has been LARRY DOBY POST OFFICE LEGISLATION a pioneer in the cause of civil rights and has Luther King, ‘‘We must judge a person Mr. TORRICELLI. Mr. President, I received honorary doctorate degrees from on the content of his character, and rise today with Senator LAUTENBERG to Long Island University, Princeton Univer- not the color of his skin.’’ jointly recognize Larry Doby, the first sity, and Fairfield University. Mr. President, Larry Doby is right- African-American player in the Amer- SEC. 2. DESIGNATION OF LARRY DOBY POST OF- fully called a legend for his consistency ican League. Mr. Doby’s lifelong dedi- FICE. on the field and a hero for his char- cation to major league baseball, his (A) IN GENERAL.—The post office located at acter off the field. But I have the privi- community, and his country is truly 194 Ward Street in Paterson, New Jersey, lege of also calling him a friend. We remarkable and must be recognized. As shall be known and designated as the ‘‘Larry grew up together on the working class Doby Post Office’’. an ambassador for baseball, Mr. Doby (b) REFERENCES.—Any reference in a law, streets of Paterson. As a baseball fan, has served the league for nearly 20 map, regulation, document, paper, or other an American and a friend, I admire the years as a player, as a coach, and cur- record of the United States to the post office contributions that Larry made to both rently as a special assistant to the referred to in subsection (a) shall be deemed the game of baseball and to the strug- president of the American League. to be a reference to the ‘‘Larry Doby Post gle for equality. Mr. Doby, born in Camden, SC, later Office’’. When it comes to Larry, others may moved to Paterson, NJ, where he Mr. LAUTENBERG. Mr. President, I have filled his uniform, but no one will starred in four sports and ultimately rise to join with my friend and col- ever be able to fill his shoes. Above all, garnered numerous offers for athletic league, Senator BOB TORRICELLI, in in- Larry Doby proves that good and great scholarships toward his higher edu- troducing a bill to name a U.S. post of- can exist in the same individual.

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S6760 CONGRESSIONAL RECORD — SENATE June 27, 1997 Mr. President, I urge all my col- 1,500,000 cocaine users, 600,000 heroin S.J. RES. 34 leagues to join with Senator addicts, and 9,800,000 smokers of mari- Resolved by the Senate and House of Rep- TORRICELLI and me in celebrating juana. This menace isn’t just confined resentatives of the United States of America in Larry Doby by gracing the post office to inner cities or the poor. Illegal drug Congress assembled, located at 194 Ward Street in Paterson, use occurs among members of every SECTION 1. SUSPENSION OF DRUG CERTIFI- CATION PROCEDURES. NJ with his name. ethnic and socioeconomic group in the (a) FINDINGS.—Congress makes the fol- United States. lowing findings: By Mr. DODD (for himself and The human and economic costs are (1) The international drug trade poses a di- Mr. MCCAIN): enormous: Drug related illness, death, rect threat to the United States and to inter- S.J. Res. 34. A joint resolution sus- and crime cost the United States ap- national efforts to promote democracy, eco- pending the certification procedures proximately $67 billion in 1996, includ- nomic stability, human rights, and the rule under section 490(b) of the Foreign As- ing costs for lost productivity, pre- of law. (2) The United States has a vital national sistance Act of 1991 in order to foster mature death, and incarceration. greater multilateral cooperation in interest in combating the financial and other This is an enormously lucrative busi- resources of the multinational drug cartels, international counternarcotics pro- ness—drug trafficking generates esti- which resources threaten the integrity of po- grams; to the Committee on Foreign mated revenues of $400 billion annu- litical and financial institutions both in the Relations. ally. United States and abroad. Mr. DODD. Mr. President, today I The United States has spent more (3) Approximately 12,800,000 Americans use send to the desk a joint resolution on than $25 billion for foreign interdic- illegal drugs, including 1,500,000 cocaine behalf of myself and Senator JOHN tions and source country counter nar- users, 600,000 heroin addicts, and 9,800,000 MCCAIN which we believe will lead to marijuana users. cotics programs since 1981, and despite (4) Illegal drug use occurs among members more cooperative and effective efforts impressive seizures at the border, on of every ethnic and socioeconomic group in to meet the international threat posed the high seas, and in other countries, the United States. by international drug trafficking. foreign drugs are cheaper and more (5) Drug-related illness, death, and crime The resolution that we are intro- readily available in the United States cost the United States approximately ducing today calls upon the President today than two decades ago. $67,000,000,000 in 1996, including costs for lost to establish a high level, interdiscipli- So, despite the fact that we have had productivity, premature death, and incarcer- nary task force under the direction of ation. this drug certification procedure in (6) Worldwide drug trafficking generates Gen. Barry R. McCaffrey, Director of place since 1986—more than 10 years— revenues estimated at $400,000,000,000 annu- the Office of National Drug Control drugs continue to pour into this coun- ally. Policy, to develop a comprehensive try and to wreak havoc on our families (7) The United States has spent more than strategy for dealing with the supply and communities. $25,000,000,000 for drug interdiction and and demand side of the drug problem. I think it is time to be honest and source country counternarcotics programs It also urges the President to encour- admit our international drug strategy since 1981, and despite impressive seizures at age other drug producing and transit isn’t working and that means the en- the border, on the high seas, and in other countries to undertake similar efforts. countries, illegal drugs from foreign sources tire certification process. Nor are ef- are cheaper and more readily available in Within a year’s time it calls for an forts to revise the certification process the United States today than 20 years ago. international summit to be held, at to make it easier, politically, for the (8) The 1961 Single Convention on Narcotic which time, the efforts of all the par- U.S. Congress to stick a finger in the Drugs, the 1971 Convention on Psychotropic ties would be merged into a multilat- eye of other governments by unilater- Substances, and the 1988 Convention Against eral battle plan to engage the illegal ally grading them, likely to materially Illicit Traffic in Narcotic Drugs and Psycho- drug trade on every front. improve the situation—especially when tropic Substances form the legal framework In order to create the kind of inter- for international drug control cooperation. we are not prepared to subject our- (9) The United Nations International Drug national cooperation and mutual re- selves to similar unilateral grading by Control Program, the International Nar- spect that must be present if this effort others. cotics Control Board, and the Organization is to produce results, the resolution Rather, I believe that we need to of American States can play important roles would also suspend the annual drug reach out to other governments who in facilitating the development and imple- certification procedure for a period of 2 share our concerns about the threat mentation of more effective multilateral years, while efforts are ongoing to de- that drugs pose to the very fabric of programs to combat both domestic and velop and implement a new strategy. their societies and our own. It is arro- international drug trafficking and consump- As you know, Mr. President, the tion. gant to assume we are the only Nation (10) The annual certification process re- issue of how best to construct and im- that cares about such matters. We need quired by section 490 of the Foreign Assist- plement an effective counter narcotics to sit down and figure out what each of ance Act of 1961 (22 U.S.C. 2291j), which has policy has been the subject of much de- us can do better to make it harder for been in effect since 1986, has failed to foster bate in this Chamber, and I would add drug traffickers to ply their trade. It is bilateral or multilateral cooperation with much disagreement. in that spirit that I commend the reso- United States counternarcotics programs be- My intention in introducing this res- lution that Senator MCCAIN and I are cause its provisions are vague and inconsist- olution today is to try to see if there is introducing today to our colleagues. ently applied and fail to acknowledge that some way to end what has become a United States narcotics programs have not Together, working collectively we been fully effective in combating consump- stale annual event that has not can defeat the traffickers. But if we ex- tion or trafficking in illegal drugs, and re- brought us any closer to mounting a pend our energies playing the blame lated crimes, in the United States. credible effort to eliminate or even game, we are certainly not going to ef- (b) SENSE OF CONGRESS.—It is the sense of contain the international drug mafia. fectively address this threat. Congress that— We all can agree that drugs are a We aren’t going to stop one addi- (1) existing United States domestic and problem—a big problem. We can agree tional teenager from becoming hooked international counternarcotics program have as well that the international drug not reduced the supply of illegal drugs or sig- on drugs, or one more citizen from nificantly reduced domestic consumption of trade poses a direct threat to the being mugged outside his home by such drugs; United States and to international ef- some drug crazed thief. (2) The President should appoint a high forts to promote democracy, economic I would urge my colleagues to give level task force of foreign policy experts, law stability, human rights, and the rule of some thought and attention to our leg- enforcement officials, and drug specialists to law throughout the world, but most es- islative initiative. We believe it is wor- develop a comprehensive program for ad- pecially in our own hemisphere. thy of support. dressing domestic and international drug While the international impact is se- Mr. President, I ask unanimous con- trafficking and drug consumption and re- rious and of great concern, of even sent that the text of the joint resolu- lated crimes, with particular attention to fashioning a multilateral framework for im- greater concern to me personally are tion be printed in the RECORD. proving international cooperation in com- effects it is having here at home. There being no objection, the joint bating illegal drug trafficking, and should Today, approximately 12,800,000 Ameri- resolution was ordered to be printed in designate the Director of the Office of Na- cans use illegal drugs, including the RECORD, as follows: tional Drug Policy to chair the task force;

VerDate Mar 15 2010 22:28 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0637 Sfmt 0634 E:\1997SENATE\S27JN7.REC S27JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 27, 1997 CONGRESSIONAL RECORD — SENATE S6761 (3) the President should call upon the And still, the flow of illegal narcotics S. 224 heads of state of major illicit drug producing continues virtually unimpeded. At the request of Mr. WARNER, the countries, major drug transit countries, and Record-breaking seizures serve mainly name of the Senator from North Da- major money laundering countries to estab- to remind us of how much more is get- kota [Mr. DORGAN] was added as a co- lish similar high level task forces to work in coordination with the United States; and ting through our porous borders unde- sponsor of S. 224, a bill to amend title (4) not later than one year after the date of tected. Street prices alert us to the 10, United States Code, to permit cov- enactment of this Act, the President should failure of our best efforts at putting a ered beneficiaries under the military call for the convening of an international dent in the problem of drug trafficking. health care system who are also enti- summit of all interested governments to be To the extent that one area, for exam- tled to Medicare to enroll in the Fed- hosted by the Organization of American ple, cocaine, is tackled with any degree eral Employees Health Benefits Pro- States or another international organization of success, another bigger problem—the gram, and for other purposes. mutually agreed to by the parties, for the resurgence of heroin abuse comes to purpose of reviewing the findings and rec- S. 260 ommendations of the task forces referred to mind—rises up in its place. Clearly, it At the request of Mr. ABRAHAM, the in paragraphs (1) and (2) and adopting a is time to step back again and look name of the Senator from Arizona [Mr. counternarcotics plan of action for each more critically at every facet of the MCCAIN] was added as a cosponsor of S. country. problem. 260, a bill to amend the Controlled Sub- (c) SUSPENSION OF DRUG CERTIFICATION I do not believe ‘‘chicken-and-egg’’ stances Act with respect to penalties PROCESS.—(1) Section 490 of the Foreign As- debates about which problem, supply or sistance Act of 1961 (22 U.S.C. 2291j), relating for crimes involving cocaine, and for demand, should take higher priority other purposes. to annual certification procedures for assist- serve any useful purpose. The bill we ance for certain drug-producing and drug- S. 358 transit countries, shall not apply in 1998 and are offering today addresses both prob- lems. Nor I believe the certification At the request of Mr. DEWINE, the 1999. name of the Senator from New Jersey (2) The President may waive the applica- process has accomplished its intended bility of that section in 2000 if the President goal any more than such processes ever [Mr. TORRICELLI] was added as a co- determines that the waiver would facilitate really do irrespective of the subject sponsor of S. 358, a bill to provide for the enhancement of the United States inter- matter. In fact, the decision by the compassionate payments with regard national narcotics control programs. White House to decertify Colombia, to individuals with blood-clotting dis- Mr. MCCAIN. Mr. President, I join which has waged a valiant and costly— orders, such as hemophilia, who con- with my colleague and friend, Senator in both lives and treasure—struggle tracted human immunodeficiency virus DODD, in introducing a joint resolution against extremely powerful and ruth- due to contaminated blood products, calling on the President to take con- less cartels while recertifying Mexico, and for other purposes. crete steps to increase the level of whose law enforcement agencies are so S. 387 international cooperation in com- rife with corruption that that coun- At the request of Mr. HATCH, the bating the flow of narcotics into this try’s equivalent of General McCaffrey name of the Senator from Ohio [Mr. country, and to lead America toward was arrested for drug-related crimes, DEWINE] was added as a cosponsor of S. coming to grips with the domestic de- illuminates all too well the imprac- 387, a bill to amend the Internal Rev- mand that is tearing this country apart ticality of the current process. enue Code of 1986 to provide equity to while enriching the drug cartels of It is easy to argue that the drug exports of software. Latin America and our own organized problem has been studied to death. It S. 683 crime groups. has not, however, been examined from At the request of Mr. STEVENS, the This legislation acknowledges the the perspective, and at the level, rec- name of the Senator from New York problems endemic in waging the war on ommended in this resolution. If I be- [Mr. MOYNIHAN] was added as a cospon- drugs while domestic demand con- lieved for a second that this resolution sor of S. 683, a bill to require the Sec- tinues to remain high. It further recog- represented just another attempt at retary of the Treasury to mint coins in nizes the failure of numerous previous studying the problem of drugs, I would commemoration of the bicentennial of efforts at stemming the flow of illegal not have attached my name to it. The the Library of Congress. narcotics. It consequently expresses recommended steps, however, com- S. 751 the sense of Congress that the Presi- bined with the suspension of the drug At the request of Mr. SHELBY, the dent should appoint a high level task certification process, constitute a real name of the Senator from Mississippi force, to be chaired by the Director of and meaningful effort at focusing the [Mr. LOTT] was added as a cosponsor of the Office of National Drug Policy, to Nation’s attention on one of our most S. 751, a bill to protect and enhance establish a framework for improving serious problems. Drugs are, in every sportsmen’s opportunities and con- international cooperation in these ef- sense of the word, a scourge upon our servation of wildlife, and for other pur- forts. Finally, and of particular impor- society. We must take a comprehen- poses. tance, it suspends for 2 years the proc- sive, sober look at the scale of the S. 863 ess by which countries are certified as problem and what realistically can be cooperating in the war on drug. done about it. We must do this domes- At the request of Mr. MOYNIHAN, the The drug problem in this country tically and internationally. We must, names of the Senator from Ohio [Mr. dates at least as far back as the Civil once and for all, wage the war on drugs DEWINE], the Senator from California War, when wounded soldiers were as though we intend to prevail. I hope [Mrs. FEINSTEIN], and the Senator from turned into morphine addicts as the that my colleagues in the Senate and Florida [Mr. MACK] were added as co- only way to deaden the horrific pain the House of Representatives will sup- sponsors of S. 863, a bill to authorize caused from battle and disease. The port this legislation. the Government of India to establish a memorial to honor Mahatma Gandhi in problem grew to such an extent that f President Nixon felt compelled to es- the District of Columbia. tablish the Drug Enforcement Adminis- ADDITIONAL COSPONSORS S. 927 tration in order to better coordinate S. 61 At the request of Ms. SNOWE, the the antidrug effort. President Reagan At the request of Mr. LOTT, the names of the Senator from Alaska [Mr. assigned Vice President Bush to over- names of the Senator from Hawaii [Mr. STEVENS], the Senator from Wash- see a major escalation in the war on INOUYE] and the Senator from Wash- ington [Mr. GORTON], the Senator from drugs, a war carried on at considerable ington [Mr. GORTON] were added as co- Michigan [Mr. ABRAHAM], the Senator monetary cost throughout the Bush ad- sponsors of S. 61, a bill to amend title from Hawaii [Mr. INOUYE], the Senator ministration. President Clinton, to his 46, United States Code, to extend eligi- from New York [Mr. MOYNIHAN], the credit, appointed perhaps our finest bility for veterans’ burial benefits, fu- Senator from Maine [Ms. COLLINS], the ‘‘drug czar’’ in Gen. Barry McCaffrey, neral benefits, and related benefits for Senator from Florida [Mr. GRAHAM], who has waged the drug war as val- veterans of certain service in the the Senator from Virginia [Mr. WAR- iantly as he led troops in combat dur- United States merchant marine during NER], and the Senator from Alaska [Mr. ing Desert Storm. World War II. MURKOWSKI] were added as cosponsors

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