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

Vol. 143 WASHINGTON, TUESDAY, SEPTEMBER 23, 1997 No. 128 House of Representatives The House met at 12:30 p.m. The headline, Mr. Speaker, should to the metropolitan areas of Seattle f read, ‘‘Thanks to nuclear energy, inno- and Miami, where I had an opportunity cent people all across this country will to visit with a wide array of individual MORNING HOUR DEBATES be put at risk as 80,000 tons or more of citizen activists, academics, journal- The SPEAKER. Pursuant to the nuclear waste is transported through ists, government officials, health pro- order of the House of January 21, 1997, their communities.’’ fessionals, people who are struggling the Chair will now recognize Members Mr. Speaker, the American people with a variety of issues to make their from lists submitted by the majority should say thanks, but no thanks. I communities livable. and minority leaders for morning hour urge my colleagues to understand the I was struck, Mr. Speaker, by the debates. The Chair will alternate rec- facts, that as nuclear waste is trans- fact that those conversations were ognition between the parties, with each ported through their communities, identical in those two communities, party limited to not to exceed 30 min- Americans are put at risk, and I urge separated by our continent, and in fact utes, and each Member except the ma- them to get the facts on nuclear waste. would be indistinguishable from con- jority leader, the minority leader, or I urge them to vote ‘‘no’’ on H.R. 1270. versations that I have in my own the minority whip limited to not to ex- Mr. Speaker, I include for the hometown of Portland, OR. ceed 5 minutes. RECORD the ad from National Journal’s They are wrestling with notions of The Chair recognizes the gentleman CongressDaily. public safety, affordable housing, water from Florida [Mr. GIBBONS] for 5 min- THANKS TO NUCLEAR ENERGY, THE AIR IN resources, open space, how to make the utes. MAINE AND NEW HAMPSHIRE IS CLEANER most out of scarce land use resources, f Nuclear energy provides electricity to mil- and, most of all, the defining issue they lions of people in Maine, New Hampshire and felt was one of transportation. VOTE ‘‘NO’’ ON H.R. 1270 throughout America, and because nuclear Mr. GIBBONS. Mr. Speaker, I would plants don’t burn anything to generate elec- It was a timely series of conversa- like to address this Chamber as well as tricity, they don’t pollute the air. tions, Mr. Speaker, because we are now all America on an issue that is ex- BUT WHAT ABOUT THE WASTE? dealing with the reauthorization of the tremely important to all of us, and Generating electricity with nuclear energy Surface Transportation Act. Six years that is the issue of nuclear waste. produces a small amount of used nuclear ago the Federal Government entered In a recent advertisement, in fact, an fuel. Today, this used fuel is safely stored at into a new era of partnership with advertisement paid for by the nuclear 109 nuclear power plants throughout the ISTEA, a new way of thinking about country. However, the government has the energy lobbyists, it appeared in the transportation, of providing flexibility legal responsibility to dispose of this waste and community involvement. Congressional Daily, dated September beginning January 31, 1998. 22, 1997, and I quote, ‘‘Thanks to nu- H.R. 1270 would move used nuclear fuel to Stories from all across America at- clear energy, the air in Maine and New a single, engineered storage facility at a re- test to the success of this visionary Hampshire is cleaner.’’ The ad goes on mote desert location. It’s a common-sense process. We are now about to begin the to say, ‘‘Since nuclear powerplants strategy that will ensure nuclear energy con- next stage with the reauthorization. don’t burn anything to generate elec- tinues to provide electricity to Maine and Congress has the opportunity to New Hampshire and nationwide for years to tricity, they do not pollute the air.’’ build upon this solid foundation. I am come. concerned, Mr. Speaker, that we in Well, Mr. Speaker, if nuclear energy H.R. 1270: Act Now On Nuclear Waste Dis- is as environmentally safe an energy posal. Congress not be bogged down on some source as they claim it to be, then why f of the details that are not unimpor- do they not store the wastes associated tant, that seem to be swirling about with those nuclear energy plants in PROVIDING FLEXIBILITY AND the issue. We need to be aware of the their own States? COMMUNITY INVOLVEMENT IN questions regarding donor and donee Why not keep that nuclear waste ISSUES OF TRANSPORTATION States, and continue to make progress safely stored at nuclear powerplants The SPEAKER pro tempore (Mr. toward more equitable and fair dis- throughout the country, as this claim SHIMKUS). Under the Speaker’s an- tribution. advertises, and let me say, generating nounced policy of January 21, 1997, the We need to be aware of the conflicts electricity with nuclear energy pro- gentleman from Oregon [Mr. between individual motorists and the duces a small amount of used nuclear BLUMENAUER] is recognized during trucking industry, understanding their fuel. Today this used fuel is safely morning hour debates for 5 minutes. issues as well. stored at 109 nuclear powerplants Mr. BLUMENAUER. Mr. Speaker, I But it is critical that we not be en- throughout the country. recently returned from a weekend visit gaged in some sort of zero sum game,

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

H7607 H7608 CONGRESSIONAL RECORD — HOUSE September 23, 1997 where we look at roads, rail, air and and a Republican majority in Congress ried, like 21 million American couples. water as being somehow set off against for the first time in history, clearly That extra $1,400 is a significant por- one another. That way of thinking gave us a message, a common message, tion of a downpayment on a home. It is should be a thing of the past. that we should work together in a bi- several months’ worth of car payments. Our goal is how do we make the partisan way to solve the challenges It is tuition for their child to go to a pieces fit together. If, for instance, a that we face. local parochial school or for a child community has determined that a rail We have answered that challenge just who they themselves as adults go to line might be far more cost effective to in the last several months with the local community college. That is provide transportation capacity, the first balanced budget in 28 years, the wrong, that is unfair. Federal Government ought not to first meaningful tax relief for middle- What we propose to do with the en- stand in the way of their making that class families in 16 years, and extend- actment of the Marriage Tax Elimi- decision. If a community determines ing the life of Medicare for 10 years. nation Act, H.R. 2456, is to give work- that sound land use planning and ar- Those are bipartisan victories, and ing couples the power to choose which ranging the land uses in a thoughtful clearly the middle-class working fami- filing status makes sense for them. way is the most cost effective alter- lies are the winners. They would have the opportunity native to building another freeway, the Now as I travel throughout the di- under the Marriage Tax Elimination Federal Government should not stand verse district that I have the privilege Act to choose to file jointly or as sin- in their way. of representing, when I listen at my gles, whichever is to their financial ad- Tomorrow in the Committee on town meetings, VFW and local union vantage. And as two singles, this cou- Transportation and Infrastructure we halls and the grain elevators, there is a ple here from Illinois could benefit from greater standard deductions, of begin the markup of H.R. 2400, the so- common concern that is getting louder course, but they would also get the full called BESTEA. It is a good bill, and it and louder all the time, and that is the advantage, the full advantage of the is in fact getting better. It is critical issue regarding the marriage tax pen- lower tax rates. In this case each indi- that we keep our eye on five essential alty. vidual would pay in the 15-percent tax elements: Let me explain why the marriage tax bracket rather than the 28 percent. It No. 1, we deal with an adequate fund- penalty is a common concern to so ing level. These resources are, after all, is a fair solution to the marriage tax many working middle-class families trust funds that the American people penalty. with a couple of questions. Do Ameri- have paid through user fees. We have a It is similar also to what the State of cans feel that it is fair that our Tax responsibility to make sure they get Virginia has already done, a case where Code imposes a higher tax on married the resources they need. the States are always ahead of the Fed- No. 2, we need to make sure that the couples than on nonmarried couples? eral Government, where there is one enhancements that have meant so Do Americans feel it is fair that the av- form or two columns for each individ- much to communities across the coun- erage married working couple pays al- ual and the couple to file singly, and, try are protected and encouraged. most $1,400 more in taxes than a work- of course, they avoid the marriage tax No. 3, we need to expand the commu- ing couple with identical incomes liv- penalty. nity input in the decisionmaking proc- ing together outside of marriage? What is the bottom line? The Mar- ess, which has unlocked creativity I think not. I know that the tax- riage Tax Elimination Act puts a mar- across the country. payers and middle-class families that I ried working couple on an equal tax No. 4, we must continue to encourage represent think not. The marriage tax footing with working singles. Thanks the careful planning. We can ill afford penalty is not only unfair, but it is to this Congress, in 1996 we helped to misspend these resources, when in wrong. working middle-class families with the fact we find out that improperly spent b 1245 adoption of the tax credit, this year they can actually make the problems with the child tax credit. Our legisla- It is immoral. It is immoral that our worse. tion deserves bipartisan support, and I Tax Code punishes our society’s most Most important, we must work to ask for bipartisan support. basic institution, the institution of promote a balanced transportation sys- Mr. Speaker, I include for the marriage. According to the Congres- tem to get the most out of the money, RECORD data in support of the Marriage sional Budget Office, 21 million Amer- the land, and our existing infrastruc- Tax Elimination Act. ican couples, married couples, suffer ture. CHRISTIAN COALITION CALLS FOR END TO Mr. Speaker, I urge my colleagues to the marriage tax penalty. MARRIAGE TAX PENALTY pay careful attention to this next stage Let me give an example of an Illinois SUPPORTS MARRIAGE TAX ELIMINATION ACT in the most important environmental couple from my district who has a com- CHESAPEAKE, VA.—Christian Coalition bined income of $61,000. Of course, the President Don Hodel announced that the pro- and economic development legislation family grass-roots citizens action organiza- of this session. marriage tax penalty results, because a married couple usually files jointly so tion would fully support the Marriage Tax f Elimination Act, introduced today by Reps. their incomes are combined, and of Dave McIntosh and Jerry Weller in a press MARRIAGE TAX PENALTY MUST course that pushes them into a higher conference on Capitol Hill. BE CHANGED tax bracket. Elimination of the marriage penalty was The SPEAKER pro tempore. Under Now, the couple that I have here as first called for by the Christian Coalition in the Speaker’s announced policy of Jan- individuals, after we factor in their its Contract with the American Family, un- personal exemptions and standard de- veiled in May 1995. This proposal was also in- uary 21, 1997, the gentleman from Illi- cluded in the American Dream Restoration nois [Mr. WELLER] is recognized during duction, would be in the 15-percent tax Act of the 104th Congress, which was ap- morning hour debates for 5 minutes. bracket if they filed as singles, but be- proved by the House of Representatives on Mr. WELLER. Mr. Speaker, it is my cause they filed jointly as a married April 5, 1995. Under current law, many mar- privilege to represent Illinois’ most di- couple, they are pushed into the 28-per- ried couples pay more in taxes than they verse district. I represent part of the cent tax bracket. would if they remained single. Hodel called, city of Chicago, the south suburbs in What this means for this Illinois again, for an end to the marriage tax penalty working couple is a marriage tax pen- two weeks ago while announcing the Coali- Cook and Will Counties, bedroom com- tion’s top legislative priorities for this Fall, munities like Morris, where I live, at alty of $1,378. That is wrong. That is which included additional family tax relief the center geographically of our dis- unfair. It is unfair that a married cou- following the victory over the $500 per child trict, and also rural communities and ple pays higher taxes just because they tax credit recently signed into law. cornfields. Even though it is a very, are married. Our current Tax Code pun- ‘‘Government, by taxing married couples very diverse district, as a local legisla- ishes working Illinois married couples, at higher rates than singles, has, for too middle-class families, with an average long, been a part of the problem,’’ said tor I always look for the things that Hodel. ‘‘At a time when family breakups are are in common throughout this dis- marriage tax penalty of almost $1,400. so common, the Congress should pass legisla- trict. Think about what that means for tion to encourage marriage and ease the bur- Clearly the election results in 1996, this Illinois family. This Illinois work- den on families trying to form and stay to- which reelected a Democrat President ing couple who just happens to be mar- gether. This legislation places government September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7609 on the side of families when it comes to tax- America’s working couples. We would like to than ever before, there is no reason to ation policy.’’ thank you and Davis McIntosh in particular leave for work without making sure With the Marriage Tax Elimination Act, for your efforts. that our kids have the nutrition they married, working couples will receive the Sincerely, need to start their day. Let us show same tax treatment as singles. Couples will GROVER G. NORQUIST. our kids that we care about this issue be allowed to choose the tax filing status f that makes the most sense for them. The and make certain that we at least take Congressional Budget Office reported that HEALTHY PRACTICES FOR the time to sit down with them for a more than 21 million couples suffered a mar- CHILDREN AND FAMILIES healthy breakfast at least at a mini- riage tax penalty averaging $1,400, and some mum 1 day a week. exceeded $20,000. The SPEAKER pro tempore (Mr. Second, stop smoking. Children learn ‘‘For most Americans $1,400 is a lot of SHIMKUS). Under the Speaker’s an- by example. Ninety percent of today’s money,’’ said Hodel. ‘‘That is money that a nounced policy of January 21, 1997, the smokers became addicted while they young family can use to buy clothes for their gentleman from Massachusetts [Mr. children, invest in a college savings account were still children. If one personally MCGOVERN] is recognized during morn- cannot kick the habit, try to make it a or make repairs on a home. The bottom line ing hour debates for 5 minutes. is it’s their money, and a government that habit not to smoke in front of your truly values families will let families keep Mr. MCGOVERN. Mr. Speaker, during children or grandchildren. it.’’ the past several years, the American Third, engage in physical activities. Health Foundation, which is based in Watching television is the No. 1 after- INDEPENDENT WOMEN’S FORUM, New York City, has led the charge to school activity for American 6- to 17- Arlington, VA, September 12, 1997. reestablish National Child Health Day. year-olds. Childhood obesity is on the Hon. DAVID MCINTOSH, Initially proclaimed by President Coo- rise to the point where some 25 percent Hon. JERRY WELLER, lidge back in 1928, this day had unfor- of our children are believed to be over- U.S. House of Representatives, tunately fallen from our national cal- Washington, DC. weight. Let us make a pledge to teach endar before being taken up by this DEAR GENTLEMAN: The Independent Wom- our children the value of exercise. Sup- en’s Forum urges Congress to put the tax foundation. In an effort to bring Child porting our children in sports or just code where its rhetoric is, and eliminate Health Day back on to the calendar, getting out the door and taking a walk marriage penalties. Serious steps to reform Congressman JOHN PORTER and I re- will teach our children the importance tax laws would mean real liberation for cently invited Members of Congress to of healthy physical activity. women, those who work and those who may attend a bipartisan luncheon here in have to in the future. Fourth, live and play safely. In my the Capitol which was hosted by the own State of Massachusetts, some 40 Marriage taxes can impose a nearly 50% American Health Foundation. While fo- marginal tax rate on second earners, most of percent of parents do not buckle their whom are wives and mothers. This is state cusing on children’s health and healthy children in the car. Every day, buckle sponsored discrimination against women, the behavior is something we should do up. Put your children in the back seat unintended consequences of which is to dis- every day, Child Health Day has the with their seatbelts snugly fastened, courage women from entering the labor potential to focus our Nation’s atten- secure rear-facing infant seats in the force. If Congress is sincere in improving the tion on this issue like never before. back seat, and have our children wear lives of American women and their families, Beginning on October 6, which is Na- it will eliminate tax loopholes that choke helmets when biking and in-line skat- tional Child Health Day, families ing, and teach them the importance of their paychecks. Real support for the family across this country are encouraged to begins with tax reform. sunscreen and proper sunglasses. We all Sincerely, make the healthy practices pledge. know these few steps can really help BARBARA J. LEDEEN, This pledge consists of five healthy save lives. We need to commit our- Executive Director for Policy. habits that our children can learn at a selves to making them a central part of young age and which can create the enjoying the outdoors with our kids. AMERICANS FOR TAX REFORM, foundation for healthy adult lives. Finally, we need to teach kids to Washington, DC, September 5, 1997. I have been working to take the mes- take care of their teeth. Prevention Hon. JERRY WELLER, sage of Child Health Day back to my here is so simple. In 1987, some 27 per- U.S. House of Representatives, home State of Massachusetts, and on Washington, DC. cent of our kids had untreated tooth October 6, Massachusetts will proudly Subject: End the Marriage Penalty Now! decay. The number of children who do unveil the first and only State report not brush regularly is staggering. DEAR MR. WELLER: Americans for Tax Re- card on children’s health modeled after Again, we are the ones who need to set form supports the Marriage Tax Elimination the American Health Foundation’s na- Act offered by Representatives Jerry Weller a good example for our kids. Let us (R–IL) and David McIntosh (R–IN). We be- tional publication. This report is being make a point to show our kids how im- lieve that married working couples deserve put together by a team of local volun- portant good oral hygiene really is. the same tax treatment as singles. Now is teers to quantify our strengths and Mr. Speaker, although these tips re- the perfect time for action because the Con- weaknesses in the area of children’s quire some effort and planning on our gressional Budget Office (CBO) is anticipat- health so we can see what we have done part, their long-term benefits will lead ing an earlier than expected fiscal surplus. right and address those areas where we to the better health and full develop- For many Americans, the average mar- can improve. riage tax is approximately equal in value to ment of our children. Child Health Day half a year of car payments. With an extra While we have several events planned gives us an important opportunity to $1,400, a couple might be able to send a child in my district that will address both lead the way toward healthier lives for to the school of their choice. The bottom children’s health and early childhood our children. I urge my colleagues to line is that the marriage tax is very real to development, these efforts will be join with me in reestablishing October many working couples in this country. wasted if people do not take the mes- 6 as a day for us to celebrate our na- In fact, many working Americans are so sage of keeping children healthy into tional commitment to our kids. skeptical of real tax relief that they have ex- their homes and to their own families. f pressed doubt the Taxpayer Relief Act, Mr. Speaker, I want to take a couple which became law on August 5, 1997, would PROBLEMS WITH FAST TRACK provide them with any real relief of their tax of minutes today to share this pledge burden. Giving them the opportunity to that has been put together with my The SPEAKER pro tempore. Under choose to end their marriage tax penalty will colleagues, and I urge all of those par- the Speaker’s announced policy of Jan- go a long way in restoring their confidence ents who are watching here today to uary 21, 1997, the gentleman from in the process and tax reform. The Marriage agree to sign this pledge. As my col- Michigan [Mr. STUPAK] is recognized Penalty Elimination Act would allow cou- leagues can see, the five items here are during morning hour debates for 5 min- ples to select the filing status that makes not impossible to achieve, and they utes. the most sense to their personal finances. could make a lasting difference to the Mr. STUPAK. Mr. Speaker, I come to Americans for Tax Reform supports the ef- forts of the Sophomore Republican Class lifelong health of our children. the floor this afternoon to talk about lead the march towards tax relief for work- First, have a healthy breakfast. fast track. Recently the President has ing American couples. We support efforts to While those of us caught up in the rat requested fast track authority from enact the Marriage Tax Elimination Act for race seem to rush around more today the United States Congress to extend H7610 CONGRESSIONAL RECORD — HOUSE September 23, 1997 the NAFTA-like trade agreements to ed to food entering into the United ton DC law firms with powerful connec- South America, Chile, and the Carib- States not properly cared for, in- tions. Often these lobbyists are promi- bean Basin. spected, and treated before it is being nent ex-Members of Congress, former Mr. Speaker, what the fast track au- placed on our tables. Even in Michigan Senators, and ex-trade officials. But thority really does is extend trade where I am from, Mr. Speaker, this Bob Dole is different. He is not just an- agreements to countries without any past year we had 130 schoolchildren other politician. I am not saying that chance of the U.S. Congress or the U.S. who were infected with hepatitis A Senator Dole has done anything wrong. Senate to amend, alter, or change when they consumed strawberries that He left the Senate in June 1996, so he is these agreements. We are very con- were grown in Mexico. not bound by the 1-year revolving door cerned about this fast track authority. When we talk about pesticides, which laws. We do not know what the rush is and ones can and cannot be used to grow b 1300 why we have to enter into another fast fruits and vegetables, many of those track type of agreement when we find standards are waived under the current He is free to represent Chile if he problems with past fast track legisla- NAFTA agreement, and I am afraid wants. But I am saying that this is too tion, namely, the NAFTA agreement. that under the new fast track author- much business as usual. Senator Dole In the past, Mr. Speaker, when we ity for the South American and Carib- is playing on the visitor’s team, and we may have criticized fast track agree- bean Basin that there will not be ade- want him back on the home team. We ments, and it centered on labor or envi- quate pesticide standards placed in want him on America’s team, not ronmental concerns, and these are good that agreement. Chile’s team. Chile has threatened to reasons to oppose fast track if they do Again, this is not a trade issue, but take the United States to the World not address our environmental or labor really a safety issue. We should not Trade Organization if we act to protect concerns, but there is a third reason lower our standards. We should not our American salmon farmers and and maybe a more pressing reason to jeopardize the health and safety of our salmon fishermen. reject this new fast track authority for families in the name of trade, but let What do the American people think the President if the fast track legisla- us not lower our standards. when they see Bob Dole working as a tion does not contain food safety and Mr. Speaker, the gentleman from lobbyist for a foreign government pesticide use and control of fruits, Ohio [Mr. BROWN] and myself have been which is suing the U.S. Government? I vegetables, meats, poultry coming into preparing a letter to send to the Presi- believe there are many American this country. dent which asks him, before he agrees working families, particularly in New Food safety should be of the utmost to any fast track authority, we would England, especially in Maine and in the concern of all Americans. It is not a ask him and we would urge him to do State of Washington and in the Pacific trade issue, it is a safety issue, based the following: Renegotiate the provi- Northwest and in the State of Alaska, upon the food we present to our family sions of NAFTA which relate to border who will be astounded to learn that the each and every day. inspections and food safety, and ensure same Bob Dole who asked for their sup- If we take a look at the NAFTA expe- that any future requests for fast track port in a Presidential election just 101⁄2 rience, Mr. Speaker, we find that over authority include strong food safety months ago is now trying to beat them the past 3 years that NAFTA has been protections. Increase the funding for and take their jobs in the international implemented, we find that the stand- border inspections, or in the alter- arena. ards for food safety, pesticide use on native, limit the increasing rate of Clearly, this sends the wrong signal food and products coming into the food imports to ensure that safety of to the American people. Clearly, that United States has actually been low- our food is paramount at the time of is why I am asking Senator Dole to re- ered under NAFTA. Why should our inspection. We would also ask the consider his decision. standards, our high qualities that we President to begin an aggressive pro- We are going to have a tough and vig- enjoy here in the United States to en- gram to label all food, including fresh orous debate over fast track legislation sure proper food, nutrition, and safety and frozen fruits, vegetables, and in the House of Representatives. There on our dinner tables, be waived or low- meats, and also place what country are many of us, especially on the ered in the name of some fast track they are from. Democratic side, who are adamantly agreement? What we find now is food coming into opposed to fast track without labor and If we take a look at the May 1997 the United States, and they are in a big environmental provisions and safe- General Accounting Office review of truck or container ship. guards. We know we have a tough fight the NAFTA and the food safety issue, f on our hands. We want to keep focused we find that over 9,000 trucks per day on the issues: jobs in America, environ- come into this country from Mexico. FAST TRACK DEBATE mental protection, food safety, worker That is 3.3 million trucks a year. When The SPEAKER pro tempore. Under and labor provisions, truck safety. We we take a look at it, there is very little the Speaker’s announced policy of Jan- are going to take our case to the Amer- or no enforcement or inspection of uary 21, 1997, the gentleman from Ohio ican people. these vehicles entering the United [Mr. BROWN] is recognized during morn- Senator Dole has signed on to help States. ing hour debates for 5 minutes. Chile with its political strategy for fast For instance, the GAO study reports Mr. BROWN of Ohio. Mr. Speaker, I track in the U.S. Congress. This is a that strawberries alone has an 18-per- got confirmation yesterday from the perfect example of how things like fast cent violation of our health food and Embassy of Chile that former Presi- track get approved, even when the safety standards. Carrots have a 12-per- dential candidate Bob Dole is going to American people are so adamantly cent violation. Head lettuce that comes represent the Government of Chile against them. into the United States from Mexico, 15 against the United States in a trade f percent of them are found to be in vio- dispute over salmon. The Embassy ex- lation of our food and health standards. pressed the hope and expectation that USDA ACCOUNTABILITY AND Now, these are not my statistics, or it former Senator Dole would advise the EQUITY ACT OF 1997 is not my report, but that of the Gov- Chilean Government on its political The SPEAKER pro tempore (Mr. ernment Accounting Office, May 1997 strategy on the fast track debate cur- SHIMKUS). Under the Speaker’s an- study. rently underway in the United States nounced policy of January 21, 1997, the When we eat contaminated food, we Congress. gentlewoman from North Carolina have problems, as we have seen re- I would urge Senator Dole to recon- [Mrs. CLAYTON] is recognized during cently in this country, with E. coli, or sider his decision. Unfortunately, this morning hour debates for 5 minutes. hepatitis A. Hepatitis A along the is business as usual, and it underscores Mrs. CLAYTON. Mr. Speaker, the Na- Mexican border with Texas has a 2 to 5 how bad trade agreements make their tional Black Farmers Association times greater hepatitis outbreak in way through Congress. Foreign govern- marched yesterday in front of the certain counties in Texas than the na- ments have tremendous resources to White House. They marched for equal- tional average, and it is directly relat- hire American lobbyists and Washing- ity, they marched for change, they September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7611 marched for fairness, and they marched These people do not discriminate b 1400 for justice. with their product. That is why, Mr. AFTER RECESS Why do they march, we may ask? Speaker, each of us should commit our- They march because the USDA has a selves that we should not have the The recess having expired, the House documented history of discrimination extra burden of discrimination or rac- was called to order by the Speaker pro against blacks and other minority ism rearing its ugly head. Secretary tempore [Mr. PEASE] at 2 p.m. farmers. Over the last 32 years there Glickman has said he is personally f have been numerous reports declaring committed to returning USDA to its PRAYER and describing the problems of delib- original status as a people’s depart- erate discrimination by the USDA ment, to serve all the people, all the The Chaplain, Rev. James David against black farmers, by agencies people, without regard to their racial Ford, D.D., offered the following pray- such as the U.S. Commission on Civil identification. er: Rights, the inspector general, and our I am equally committed in that ef- As we offer our thanks and praise to very own Committee on Government fort to achieve that goal. I introduced You, O gracious God, we listen to Your Operations, as it was known then. H.R. 2185, the USDA Accountability word of faith, Your message of hope, Farmers and ranchers are invaluable and Equity Act of 1997, in conjunction and Your gift of love. Enable us as best resources to all of us. American pro- with the gentleman from Georgia, Mr. we can to hear Your word even with ducers, who represent less than 3 per- SANFORD BISHOP, the gentleman from the clamor of the world about us com- cent of the total population, provide Alabama, Mr. EARL HILLIARD, and the pelling our attention and demanding more than enough food and fiber to gentleman from Mississippi, Mr. BENNY our allegiance. Help us to distinguish meet the needs of our Nation, as well THOMPSON. Your message of justice and mercy and as many nations overseas. By now it Mr. Speaker, we all should have the humility from the cries of any false should be clear that it is not in our na- goal that discrimination has no basis prophet who prescribes words of self- tional interest to accept the elimi- for the farmers and producers for all of ishness or arrogance. We are grateful nation of small farmers, family farm- America. Please, Mr. Speaker, I urge for Your favor to us, O God, by which ers, nor minority farmers and the lim- all my colleagues to join with me in You bless us and our Nation, and we ited resource farmers in the name of that goal. pray for Your benediction upon us, now progress. f and evermore. Amen. From 1910 to 1993 the number of f American farms have declined from a WE MUST REMEMBER OUR POW’S little more than 6.4 million to less than AND MIA’S THE JOURNAL The SPEAKER pro tempore. Under 2.1 million, roughly a 70-percent de- The SPEAKER pro tempore. The the Speaker’s announced policy of Jan- cline and decrease. This decline is even Chair has examined the Journal of the uary 21, 1997, the gentlewoman from greater in the year 1997. The decline in last day’s proceedings and announces California [Ms. SANCHEZ] is recognized minority farmers is even sharper. to the House his approval thereof. In my home State of North Carolina, during morning hour debates for 2 min- Pursuant to clause 1, rule I, the Jour- there has been a 64-percent decline in utes. nal stands approved. minority farmers just over the last 15 Ms. SANCHEZ. Mr. Speaker, last Fri- years, from 6,996 farms in 1978 to 2,498 day I joined the Veterans of Foreign f farms in 1992. There are several reasons Wars from my district in recognizing PLEDGE OF ALLEGIANCE why the number of minority and lim- and remembering Prisoner-of-War, ited-resource farmers are declining so Missing-in-Action day. POW–MIA day The SPEAKER pro tempore. Will the rapidly, but the one that has been doc- offers us an opportunity not only to re- gentleman from Ohio [Mr. CHABOT] umented time and time again is the member and recognize those that we come forward and lead the House in the discriminatory environment present in have lost, but also to rededicate our- Pledge of Allegiance. the Department of Agriculture, the selves to the cause of finding these men Mr. CHABOT led the Pledge of Alle- very agency established by the U.S. or their remains and bringing them giance as follows: Government to accommodate and as- home to their family and to their I pledge allegiance to the Flag of the sist special needs of all farmers and all grateful Nation. We must work to- United States of America, and to the Repub- ranchers. gether to ensure the fullest possible ac- lic for which it stands, one nation under God, indivisible, with liberty and justice for all. The General Accounting Office found counting of these men, for their fami- instances of discrimination in fiscal lies and for all Americans who have f years 1995 and 1996. GAO also found the benefitted from their fight for liberty EDUCATION AT THE HEART OF disapproval rates of loans were 6 per- and freedom. THE AMERICAN DREAM cent higher for minority farmers than There are still over 164 POW’s and the 10 percent rate for the nonminority MIA’s from California from the Viet- (Mr. BALLENGER asked and was farmers. The very next month two re- nam war unaccounted for. This means given permission to address the House lated reports were released: the Office that these 164 men will not walk home for 1 minute.) of Inspector General’s Evaluation Re- tonight to their wives and children, 164 Mr. BALLENGER. Mr. Speaker, if port for the Secretary on civil rights men who will not be able to enjoy the any issue goes to the heart of the con- issues and the Civil Rights Action freedom for which they gave the last cept that every child should have a Team Report. full measure of devotion. shot at the American dream, education The authors of these hard-hitting re- I urge my colleagues to join me in is it. Without a good education, many ports came to the identical conclusion recognizing and in remembering these dreams will lie forever beyond the that those who had looked at this issue men. We must continue to fight and re- reach of those who wish to get ahead in some 32 years before did. There are sig- member those we have lost in battle life. nificant problems of discrimination for freedom. Until all of these men But there are many difficult obsta- within the Department of Agriculture. from throughout this country have cles standing in the way of a good edu- The very same conclusion, 32 years been accounted for, we must not rest in cation, especially for those born to dis- later. our efforts. advantage and hardship. Of course, it is The farmers and ranchers of Amer- f easy for the liberal elite, safely ica, including minority and limited-re- ensconced in their suburban homes and source producers, through their labor RECESS enclaves, to send their own children to and sustained effort, sustain each and The SPEAKER pro tempore. Pursu- exclusive private school. But the dis- every one of us and maintain the life- ant to clause 12 of rule I, the Chair de- advantaged, the very same people they blood of our Nation through providing clares the House in recess until 2 p.m. pretend to champion, do not have that food to us. Without these hard-working Accordingly (at 1 o’clock and 8 min- luxury. men and women, how could we be fed utes p.m.), the House stood in recess That is why it is particularly dis- and clothed, regardless of their race? until 2 p.m. tressing to see that the liberal elite is H7612 CONGRESSIONAL RECORD — HOUSE September 23, 1997 opposed to giving kids a chance to go of the Nation, especially as children and sophomores in college. That is, to a better school, all because the spe- everywhere are heading back to school. when their parents fill out their tax cial interests would see their power Children should be taught that mem- forms next year, they will simply sub- threatened. ory skills are important, too, that rote tract $1,500 of the bottom line and keep This issue cries for some kind of fair- memorization that many of us had to that in their own homes, instead of ness. It is not fair that some kids have do in schools, even if they are in short sending it to Washington, DC. For to start out with two strikes against supply down at the White House. most juniors and seniors that number them. Let us give parents a choice so f is $1,000. more kids will have a chance. Parental For grandparents and parents who choice means more kids will realize MEMORY PROBLEM EXTENDS would like to start saving for their their dreams. ACROSS AMERICA children’s education in the future, we f (Mr. DOGGETT asked and was given have established an account called an permission to address the House for 1 Education Savings Account, and it IRS HAS A QUOTA SYSTEM minute and to revise and extend his re- works like this: You can put up to $500 (Mr. TRAFICANT asked and was marks.) per year per child into the account to given permission to address the House Mr. DOGGETT. Mr. Speaker, I find prepare for their education. for 1 minute and to revise and extend that memory problem not limited to f his remarks.) the White House. Indeed, I find it ex- CAMPAIGN FINANCE REFORM Mr. TRAFICANT. Mr. Speaker, ac- tending across America. If you ask the NEEDED NOW cording to news reports, the IRS has a people of America when is the last time quota system. IRS agents got bonuses that this Congress did anything to re- (Ms. JACKSON-LEE of Texas asked for ripping off taxpayers. And many form the problems of campaign fi- and was given permission to address times taxpayers settled their cases nance, most people will have to scratch the House for 1 minute and to revise even though they were innocent. their head and say, ‘‘Gee, I can’t re- and extend her remarks.) What is so shocking about all that? member. I don’t recall the Congress Ms. JACKSON-LEE of Texas. Mr. The American people have known this doing anything.’’ Speaker, this weekend over a variety of for years, and the American people Yes, there were a lot of hot speeches morning news shows the comment was have been telling us the IRS is incom- about wrong here on one party or raised as to where are the defenders of petent, the IRS is arrogant, the IRS wrong here on another, but in terms of the President and Vice President of the United States. has abused their powers. It has gotten getting down to constructive reform to I think, first of all, we should hold so bad the IRS is even above the law. do something about changing the sys- those offices, as we have done in years That is right, in America the accuser tem in which special interests dump past, with great respect. But I do think has the burden of proof, but not in a millions and millions of dollars into that we will find in the wallowing of civil tax case. The IRS accuses, the the coffers of both parties, nothing has partisan politics those two individuals taxpayer must prove their case. Beam been done because Speaker GINGRICH used as the most recent scapegoats in me up. refuses to schedule a ban, backed by the refusal by the majority of this Con- Let me say this. There can be no true Republicans and Democrat, a ban on gress to deal realistically and forth- reform in American tax law without soft money. rightly with campaign finance reform. changing the burden of proof. It is time At least some Members of this Con- Over 50 percent of Americans have to handcuff them to a chain link fence gress in the other body have moved said ‘‘The heck with both of you, Re- and flog them with their own hefty Tax from investigating to legislating. It is publicans and Democrats. You are both Code. time for this House to do the same involved.’’ So the real issue is not I yield back their unauthorized sei- thing. Then no one in America will whether the President and Vice Presi- zures and excessive penalties. have a memory problem because not dent acted within laws of which they f only will we prosecute and enforce ex- did, but it is a question of addressing isting laws, but we will clean up a sys- THE MEMORY PROBLEM AT THE forthrightly the idea of cleaning up tem that has gone bad. WHITE HOUSE this mess called getting elected, f through campaign finance reform. (Mr. CHABOT asked and was given We believe that we should have cam- permission to address the House for 1 FURTHER TAX REFORM NEEDED paign finance reform. The real issue is minute and to revise and extend his re- (Mr. NEUMANN asked and was given will the Republican leadership bring marks.) permission to address the House for 1 campaign finance reform to the floor of Mr. CHABOT. Mr. Speaker, I think I minute and to revise and extend his re- the House for us to address it realisti- am beginning to understand what the marks.) cally, or will they wallow in the con- problem in education is today. It is Mr. NEUMANN. Mr. Speaker, I would tinued accusations that make no sense, pretty clear that everyone in the White like to begin by just briefly responding because one can easily point the finger House was educated in the 1960’s style to my colleague from the other side of at the other side of the room, and do feel-good mushiness where rote memo- the aisle and suggest that with the nothing. rization was taboo. How else to explain laws currently on the books, millions f the astounding number of times the and millions of dollars came in ille- White House officials say ‘‘I don’t re- gally, and I think we need to enforce THE TAXPAYER RELIEF AND call, I can’t remember’’ whenever they those laws that are on the books where PROTECTION ACT are asked to testify about all the var- there are clear-cut violations at this (Mr. KNOLLENBERG asked and was ious White House scandals under inves- time. given permission to address the House tigation. But I rise today really to call atten- for 1 minute and to revise and extend Mr. Speaker, what else are we to con- tion to the part of the recently passed his remarks.) clude if even the so-called best and plan that balances the budget for the Mr. KNOLLENBERG. Mr. Speaker, I brightest seem to have no capacity first time since 1969, reduces taxes for just want to remind the gentlewoman whatsoever to recall simple facts about the first time in 16 years, and restores who just spoke, it is enforcing the ex- the misdeeds of their employees? Is Medicare to that part of the plan that isting laws that really should be looked this perhaps a medical condition that specifically addresses education, be- at, enforcing the laws in effect now. we should be aware of, some kind of en- cause education is extremely impor- Mr. Speaker, while the recently en- vironmental problem in the water over tant in this Nation. acted tax relief package represents a at the White House that strikes at the As a former math teacher, I know major step in the right direction, tax very heart of the memory process? that without a proper education, our cutters cannot stop and rest on their Mr. Speaker, the ‘‘I do not recall’’ students do not have a shot at the laurels. problem over at the White House American dream. In this tax cut pack- Taxes are still too high, and many should not be allowed to infect the rest age we have $1,500 for most freshmen Americans, primarily single adults September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7613 without children, will receive little or The first part of campaign reform is fads, the substitution of nonsense for no relief from the recently enacted tax to obey the laws we have on the books facts, the denigration of Western ideals cuts. Therefore, it is imperative, I be- today. The Democrat National Party and American achievements, and an lieve, that we provide the American apparently broke the laws by coming utter lack of standards that are actu- people with more tax relief. into our communities, while money ally enforced. Unless that changes, In the next few days I will introduce laundering is not one of the values our generations will continue to graduate a proposal that offers the next logical communities like to uphold. Likewise, ignorant of our national heritage. step in our efforts to increase the take- we do not need Washington to set our f home pay of the American people. My educational standards in the commu- CAMPAIGN INTEGRITY ACT OF 1997 proposal, the Taxpayer Relief and Pro- nities. (Mr. ALLEN asked and was given tection Act, cuts marginal tax rates b 1415 across the board by 5 percent, it elimi- permission to address the House for 1 nates the marriage penalty, and it Kansas already has educational minute and to revise and extend his re- moves the tax filing date from April 15 standards. Let us not degrade edu- marks.) to November 1. cational standards to the level of cam- Mr. ALLEN. Mr. Speaker, those of us This proposal benefits every Amer- paign laws. who are freshmen experienced the 1996 ican who earns a paycheck. It injects f elections in a different way. There was soft money involved in those elections some fairness into the Tax Code, and TED TURNER’S GIFT makes it harder for Washington politi- on a scale never before seen. Issue ad- cians to raise taxes in the future. (Mr. LEWIS of Georgia asked and was vocacy groups were participating in Mr. Speaker, I urge my colleagues to given permission to address the House the election on a scale that has never support this bill. for 1 minute and to revise and extend happened before. f his remarks.) Beginning in February, our Fresh- Mr. LEWIS of Georgia. Mr. Speaker, men Task Force sat down and tried to CRUNCH TIME FOR CAMPAIGN Ted Turner’s $1 billion gift to the Unit- figure out how we could pass real cam- REFORM ed Nations is remarkable. This man paign finance reform in this session. (Ms. DELAURO asked and was given saw a problem in this country, in this We proposed a soft money ban. That permission to address the House for 1 world, and he decided to help. He did bill is now H.R. 2183, the Campaign In- minute and to revise and extend her re- not have to act, but he wanted to make tegrity Act of 1997. It bans soft money, marks.) a difference, and he will. it provides new restrictions or new re- Ms. DELAURO. Mr. Speaker, Sun- Ted Turner’s gift is an inspiration to quirements for disclosure on issue ad- day’s New York Times says it all. It is us all. It should inspire Congress to pay vocacy, and it tightens up candidate ‘‘crunch time for campaign reform.’’ our debt to the United Nations. Bosnia, disclosure. It is a good bill. It needs to The leader of the other body has even El Salvador, Somalia, as a community come to the floor of this Congress for a promised his Members a vote on cam- of nations, we have helped millions vote. paign finance reform next month. around the world. Mr. Speaker, I urge the Republican Mr. Speaker, I ask you, where is our Ted Turner’s gift should also inspire leadership and the other side not sim- vote? Where is the vote in the people’s each and every one of us to serve. Even ply to keep investigating without legis- House? There have been 85 campaign fi- though we all cannot give large lating; bring this bill to the floor, and nance proposals introduced, but there amounts of money, we can care, we can let us give the Members of this Con- has been not one hearing on campaign get involved, in our schools and our gress a chance to do something besides finance reform. The Republican leader- neighborhoods, and we can make a dif- investigate. Let us change the way we ship is giving us no opportunity to de- ference. finance campaigns. Let us vote on the bate the issue on the floor of this So thank you, Ted Turner. You have bill. House and no opportunity to vote on reminded us all to be a little more car- f any one of these 85 proposals. ing and do a little more sharing. The New York Times editorial goes f ROBERT STODOLA HOMELESS on to say that ‘‘There are legislators in ASSISTANCE ACT AMERICANS ARE IGNORANT OF both parties who want to preserve a (Mr. METCALF asked and was given OUR NATIONAL HERITAGE system that makes money more impor- permission to address the House for 1 tant than the public will.’’ (Mr. PAPPAS asked and was given minute.) Mr. Speaker, please prove that you permission to address the House for 1 Mr. METCALF. Mr. Speaker, re- value the will of the American people minute and to revise and extend his re- cently I introduced legislation to assist over your campaign coffers. Live up to marks.) homeless veterans. H.R. 1754, the Rob- the promise you made in New Hamp- Mr. PAPPAS. Mr. Speaker, a recent ert Stodola Homeless Assistance Act, shire over 2 years ago. Schedule a vote poll showed that the majority of Amer- will require that at least 20 percent of on campaign finance reform today. icans do not even know the most basic the McKinney Home Assistance Act be f facts about American history. Just lis- allocated for activities designed to ten to these revelations. serve homeless veterans. Many veter- CAMPAIGN LAWS BEING BROKEN Six out of ten respondents did not ans’ organizations have joined me in (Mr. TIAHRT asked and was given know that the Revolutionary War support of this legislation. Approxi- permission to address the House for 1 began in 1775. Sixty percent did not mately 30 of my colleagues have joined minute and to revise and extend his re- know that Thomas Paine wrote ‘‘Com- in sponsoring this bill. marks.) mon Sense,’’ the political manifesto In time of need, we ask our veterans Mr. TIAHRT. Mr. Speaker, the Presi- that helped inspire the revolution. to defend this Nation. It is time for us dent wants the Federal Government to Eighty-nine percent did not know that to provide for their needs. Helping set national standards for education. James Madison wrote the Bill of homeless veterans is a small price to How well will it work? I think it will Rights. Thirty-six percent could not pay to these people who in many cases work at least as well as our campaign identify George Washington as the sub- have risked their lives so that we may laws. ject of the phrase, ‘‘First in war, first remain free. Last year campaign laws, which are a in peace, and first in the hearts of his I am asking my colleagues to assist form of national standards, were twist- countrymen.’’ me in support of this worthwhile legis- ed, turned, and outright broken. In In sum, the birth of this great Nation lation by cosponsoring H.R. 1754. Kansas, according to the Wichita is a mystery to most of its citizens. f Eagle, the Democrat National Party What can explain this development violated the law by laundering some where generations of children graduate FAST TRACK DEBATE $315,000 through individuals and county from school lacking in basic knowledge (Mr. BROWN of Ohio asked and was parties. about American history? Academic given permission to address the House H7614 CONGRESSIONAL RECORD — HOUSE September 23, 1997 for 1 minute and to revise and extend Raymon was a good friend and a loyal The Clerk will call the bill on the his remarks.) employee of the House of Representa- Corrections Calendar. Mr. BROWN of Ohio. Mr. Speaker, tives. f former Presidential candidate Bob Dole f has been hired by the Government of THRIFT DEPOSITOR PROTECTION OVERSIGHT BOARD ABOLISH- Chile to sue the United States in a CAMPAIGN FINANCE REFORM MENT ACT trade dispute over salmon. The Chilean (Mrs. MALONEY of New York asked Embassy expressed the hope and expec- and was given permission to address The Clerk called the bill (H.R. 2343) tation that Senator Dole would advise the House for 1 minute and to revise to abolish the Thrift Depositor Protec- the Chilean Government on its politi- and extend her remarks.) tion Oversight Board, and for other cal strategy on the fast track debate Mrs. MALONEY of New York. Mr. purposes. now being conducted in Congress. I Speaker, when it comes to finance re- The Clerk read the bill, as follows: would urge Senator Dole to reconsider form, it seems our colleagues on the H.R. 2343 his decision. other side of the aisle would prefer to Be it enacted by the Senate and House of Rep- This is business as usual, and it un- keep the focus on whether or not elect- resentatives of the United States of America in derscores how bad trade agreements ed officials are using bad form rather Congress assembled, make their way through Congress. For- than our desire for reform. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Thrift De- eign governments have tremendous re- Despite their best efforts, our mes- sage is finally being heard. I thought positor Protection Oversight Board Abolish- sources to hire lobbyists with powerful the Wall Street Journal put it well on ment Act’’. connections. These lobbyists often are Monday in their publication. The story SEC. 2. ABOLISHMENT OF THE THRIFT DEPOSI- prominent ex-Senators, ex-trade offi- TOR PROTECTION OVERSIGHT read, and I quote, ‘‘They,’’ the Repub- cials, and ex-Members of Congress. BOARD. lican leadership, ‘‘have been pushing However, Bob Dole is different; he is (a) IN GENERAL.—Effective at the end of for an independent counsel for months, the 3-month period beginning on the date of not just another politician. but they have resisted calls for sweep- enactment of this Act, the Thrift Depositor I am not saying Senator Dole has ing changes in campaign financing.’’ Protection Oversight Board established done anything wrong. He left the Sen- We are being heard in major publica- under section 21A of the Federal Home Loan ate in June 1996, so he is not bound by Bank Act (hereafter in this section referred tions, and we are being heard in the to as the ‘‘Oversight Board’’) is hereby abol- the 1-year revolving door laws. He is Senate where the Committee has ap- free to represent Chile if he wants. ished. parently agreed to shift its focus from (b) DISPOSITION OF AFFAIRS.— Former Presidential candidate Dole is fingerpointing to problem-solving. But (1) POWER OF CHAIRPERSON.—Effective on free to sue the American Government we need to be heard on this floor, and the date of the enactment of this Act, the on behalf of the Government of Chile if we need to bring campaign finance re- Chairperson of the Oversight Board (or the he wants, but it is simply not right. form to the floor of this House for a designee of the Chairperson) may exercise on behalf of the Oversight Board any power of Senator Dole is playing on the visitor’s vote before we recess. team. He should play on the home the Oversight Board necessary to settle and f team. We want him on America’s team, conclude the affairs of the Oversight Board. CAMPAIGN FINANCE REFORM FOR (2) AVAILABILITY OF FUNDS.—Funds avail- not Chile’s team. able to the Oversight Board shall be avail- f DEMOCRATS AND REPUBLICANS able to the Chairperson of the Oversight RAYMON ROEBUCK LEAVES HIS (Mr. DEFAZIO asked and was given Board to pay expenses incurred in carrying out the requirements of paragraph (1). MARK ON HOUSE OF REP- permission to address the House for 1 minute.) (c) SAVINGS PROVISION.— RESENTATIVES (1) EXISTING RIGHTS, DUTIES, AND OBLIGA- Mr. DEFAZIO. Mr. Speaker, there is a TIONS NOT AFFECTED.—No provision of this (Mr. STOKES asked and was given flood of money corroding the founda- permission to address the House for 1 Act shall be construed as affecting the valid- tion of our democracy. Now, the Re- ity of any right, duty, or obligation of the minute and to revise and extend his re- publicans would have us believe that it United States, the Oversight Board, the Res- marks.) is only the foundations on this side of olution Trust Corporation, or any other per- Mr. STOKES. Mr. Speaker, I am sad- the aisle or downtown at the White son which— dened to announce the passing of a House that are endangered by this (A) arises under or pursuant to the Federal dedicated former employee of the flood of money, but that is not quite Home Loan Bank Act, or any other provision House, Mr. Raymon Roebuck. I know of law applicable with respect to the Over- true, because we remember Simon sight Board; and that Members on both sides of the aisle Fireman. Simon Fireman was the vice- join me in expressing our deepest sym- (B) existed on the day before the abolish- chair of Bob Dole’s fund-raising. He ment of the Oversight Board in accordance pathy to members of Raymon’s family. pled guilty to 64 counts of money laun- with subsection (a). In 1993 we came together on the dering, paid $6 million in fines and 6 (2) CONTINUATION OF SUITS.—No action or House floor to pay tribute to Raymon months in jail. other proceeding commenced by or against on the occasion of his retirement. This is a bipartisan problem. Both the Oversight Board with respect to any ‘‘Chez Raymon,’’ as he was affection- sides suffer from this problem, and it function of the Oversight Board shall abate by reason of the enactment of this Act. ately known, decided to retire after 30 does not serve either side to stonewall years of loyal service. In the cloak- (3) LIABILITIES.— reform. There are many of us on this (A) IN GENERAL.—All liabilities arising out room snack bar where he was em- side of the aisle calling sincerely for of the operation of the Oversight Board be- ployed, one could always count on just a debate, an open rule. Let us see tween August 9, 1989, and the end of the 3- Raymon’s friendly conversation. Along what happens. Let us vote on campaign month period beginning on the date of enact- with serving the best tuna sandwiches finance reform before we go home. ment of this Act shall remain the direct li- on Capitol Hill, Raymon also delivered Even on the Senate side now they abilities of the United States. accurate information on the number of have relented, and they say they are (B) NO SUBSTITUTION.—The Secretary of the votes we could anticipate and the time Treasury shall not be substituted for the going to take up campaign finance re- Oversight Board as a party to any such ac- that the House would adjourn. form. Let us take it up here in the tion or proceeding. In addition to his friendship with House of Representatives, or do many (4) CONTINUATIONS OF ORDERS, RESOLUTIONS, Members of Congress, Raymon leaves a Members think, as the Speaker does, DETERMINATIONS, AND REGULATIONS PERTAIN- host of young people all over America that there is not enough money spent ING TO THE RESOLUTION FUNDING CORPORA- whom he befriended and counseled on campaigns yet corroding our democ- TION.— when they served as congressional racy. (A) IN GENERAL.—All orders, resolutions, determinations, and regulations regarding pages. f Chez Raymon has left his mark on the Resolution Funding Corporation which— CORRECTIONS CALENDAR (i) have been issued, made, and prescribed, this institution. We are saddened that or allowed to become effective by the Over- we can no longer experience his radiant The SPEAKER pro tempore (Mr. sight Board, or by a court of competent ju- smile. However, we realize that God PEASE). This is the day for the call of risdiction, in the performance of functions has called home a good soldier to rest. the Corrections Calendar. which are transferred by this Act; and September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7615 (ii) are in effect at the end of the 3-month behalf of the Oversight Board any power of to the Secretary of the Treasury (or the des- period beginning on the date of the enact- the Oversight Board necessary to settle and ignee of the Secretary) as of the end of the ment of this Act, conclude the affairs of the Oversight Board. 3-month period beginning on the date of en- shall continue in effect according to the (2) AVAILABILITY OF FUNDS.—Funds avail- actment of this Act. terms of such orders, resolutions, determina- able to the Oversight Board shall be avail- SEC. 4. MEMBERSHIP OF THE AFFORDABLE tions, and regulations until modified, termi- able to the Chairperson of the Oversight HOUSING ADVISORY BOARD. nated, set aside, or superseded in accordance Board to pay expenses incurred in carrying Effective on the date of enactment of this with applicable law. out the requirements of paragraph (1). Act, section 14(b)(2) of the Resolution Trust (B) ENFORCEABILITY OF ORDERS, RESOLU- (c) SAVINGS PROVISION.— Corporation Completion Act (12 U.S.C. 1831q TIONS, DETERMINATIONS, AND REGULATIONS BE- (1) EXISTING RIGHTS, DUTIES, AND OBLIGA- note) is amended— FORE TRANSFER.—Before the effective date of TIONS NOT AFFECTED.—No provision of this (1) by striking subparagraph (C); and the transfer of the authority and duties of Act shall be construed as affecting the valid- (2) by redesignating subparagraphs (D) and the Resolution Funding Corporation to the ity of any right, duty, or obligation of the (E) as subparagraphs (C) and (D), respec- Secretary of the Treasury under section 3, United States, the Oversight Board, the Res- tively. all orders, resolutions, determinations, and olution Trust Corporation, or any other per- son which— SEC. 5. TIME OF MEETINGS OF THE AFFORDABLE regulations pertaining to the Resolution HOUSING ADVISORY BOARD. Funding Corporation shall be enforceable by (A) arises under or pursuant to the Federal (a) IN GENERAL.—Section 14(b)(6)(A) of the Home Loan Bank Act, or any other provision and against the United States. Resolution Trust Corporation Completion of law applicable with respect to the Over- (C) ENFORCEABILITY OF ORDERS, RESOLU- Act (12 U.S.C. 1831q note) is amended— TIONS, DETERMINATIONS, AND REGULATIONS sight Board; and (B) existed on the day before the abolish- (1) by striking ‘‘4 times a year, or more fre- AFTER TRANSFER.—On and after the effective quently if requested by the Thrift Depositor date of the transfer of the authority and du- ment of the Oversight Board in accordance with subsection (a). Protection Oversight Board or’’ and insert- ties of the Resolution Funding Corporation ing ‘‘2 times a year or at the request of’’; and to the Secretary of the Treasury, all orders, (2) CONTINUATION OF SUITS.—No action or (2) by striking the 2d sentence. resolutions, determinations, and regulations other proceeding commenced by or against (b) CLERICAL AMENDMENT.—The heading for pertaining to the Resolution Funding Cor- the Oversight Board with respect to any section 14(b)(6)(A) of the Resolution Trust poration shall be enforceable by and against function of the Oversight Board shall abate Corporation Completion Act (12 U.S.C. 1831q the Secretary of the Treasury. by reason of the enactment of this Act. note) is amended by striking ‘‘AND LOCA- SEC. 3. TRANSFER OF THRIFT DEPOSITOR PRO- (3) LIABILITIES.— TION’’. TECTION OVERSIGHT BOARD AU- (A) IN GENERAL.—All liabilities arising out THORITY AND DUTIES OF RESOLU- of the operation of the Oversight Board be- Mr. LEACH (during the reading). Mr. TION FUNDING CORPORATION TO tween August 9, 1989, and the end of the 3- Speaker, I ask unanimous consent that THE SECRETARY OF THE TREASURY. month period beginning on the date of enact- the amendment in the nature of a sub- The authority and duties of the Thrift De- ment of this Act shall remain the direct li- stitute be considered as read and print- positor Protection Oversight Board under abilities of the United States. sections 21A(a)(6)(I) and 21B of the Federal (B) NO SUBSTITUTION.—The Secretary of the ed in the RECORD. Home Loan Bank Act are hereby transferred Treasury shall not be substituted for the The SPEAKER pro tempore. Is there to the Secretary of the Treasury (or the des- Oversight Board as a party to any such ac- objection to the request of the gen- ignee of the Secretary) as of the end of the tion or proceeding. tleman from Iowa? 3-month period beginning on the date of en- (4) CONTINUATIONS OF ORDERS, RESOLUTIONS, There was no objection. actment of this Act. DETERMINATIONS, AND REGULATIONS PERTAIN- The SPEAKER pro tempore. Pursu- SEC. 4. MEMBERSHIP OF THE AFFORDABLE ING TO THE RESOLUTION FUNDING CORPORA- ant to the rule, the gentleman from HOUSING ADVISORY BOARD. TION.— Iowa [Mr. LEACH] and the gentleman Effective on the date of enactment of this (A) IN GENERAL.—All orders, resolutions, Act, section 14(b)(2) of the Resolution Trust determinations, and regulations regarding from New York [Mr. LAFALCE] each Corporation Completion Act (12 U.S.C. 1831q the Resolution Funding Corporation which— will control 30 minutes. note) is amended— (i) have been issued, made, and prescribed, The Chair recognizes the gentleman (1) by striking subparagraph (C); and or allowed to become effective by the Over- from Iowa [Mr. LEACH]. (2) by redesignating subparagraphs (D) and sight Board, or by a court of competent ju- Mr. LEACH. Mr. Speaker, I yield my- (E) as subparagraphs (C) and (D), respec- risdiction, in the performance of functions self such time as I may consume. tively. which are transferred by this Act; and (ii) are in effect at the end of the 3-month (Mr. LEACH asked and was given per- The SPEAKER pro tempore. Pursu- mission to revise and extend his re- ant to the rule, the bill is considered period beginning on the date of the enact- ment of this Act, marks.) read for amendment. shall continue in effect according to the Mr. LEACH. Mr. Speaker, the bill be- COMMITTEE AMENDMENT IN THE NATURE OF A terms of such orders, resolutions, determina- fore us, H.R. 2343, would abolish a Fed- SUBSTITUTE tions, and regulations until modified, termi- eral agency, the Thrift Depositor Pro- The SPEAKER pro tempore. The nated, set aside, or superseded in accordance tection Board, which was established Clerk will report the committee with applicable law. to oversee the activities of the now de- amendment in the nature of a sub- (B) ENFORCEABILITY OF ORDERS, RESOLU- TIONS, DETERMINATIONS, AND REGULATIONS BE- funct Resolution Trust Corporation stitute recommended by the Commit- and the Resolution Funding Corpora- tee on Banking and Financial Services. FORE TRANSFER.—Before the effective date of the transfer of the authority and duties of tion. The Clerk read as follows: the Resolution Funding Corporation to the By background, the oversight board Committee amendment in the nature of a Secretary of the Treasury under section 3, was created in the Financial Institu- substitute: all orders, resolutions, determinations, and tions Reform, Recovery and Enforce- Strike out all after the enacting clause and regulations pertaining to the Resolution insert: ment Act, FIRREA, in 1989. FIRREA Funding Corporation shall be enforceable by was the Federal Government’s response SECTION 1. SHORT TITLE. and against the United States. This Act may be cited as the ‘‘Thrift De- (C) ENFORCEABILITY OF ORDERS, RESOLU- to the massive financial crisis of the positor Protection Oversight Board Abolish- TIONS, DETERMINATIONS, AND REGULATIONS savings and loan industry and its insol- ment Act’’. AFTER TRANSFER.—On and after the effective vent insurance fund, the Federal Sav- SEC. 2. ABOLISHMENT OF THE THRIFT DEPOSI- date of the transfer of the authority and du- ings and Loan Insurance Corporation. TOR PROTECTION OVERSIGHT ties of the Resolution Funding Corporation With the enactment of FIRREA, the BOARD. to the Secretary of the Treasury, all orders, Resolution Trust Corporation was cre- (a) IN GENERAL.—Effective at the end of resolutions, determinations, and regulations ated to close or sell the failed institu- the 3-month period beginning on the date of pertaining to the Resolution Funding Cor- enactment of this Act, the Thrift Depositor poration shall be enforceable by and against tions transferred to it by the industry’s Protection Oversight Board established the Secretary of the Treasury. new regulator, the Office of Thrift Su- under section 21A of the Federal Home Loan SEC. 3. TRANSFER OF THRIFT DEPOSITOR PRO- pervision. The RTC was then tasked Bank Act (hereafter in this section referred TECTION OVERSIGHT BOARD AU- with selling the assets of failed thrifts. to as the ‘‘Oversight Board) is hereby abol- THORITY AND DUTIES OF RESOLU- FIRREA also established the Resolu- ished. TION FUNDING CORPORATION TO tion Funding Corporation, REFCORP, (b) DISPOSITION OF AFFAIRS.— THE SECRETARY OF THE TREASURY. (1) POWER OF CHAIRPERSON.—Effective on The authority and duties of the Thrift De- a mixed-ownership Government cor- the date of the enactment of this Act, the positor Protection Oversight Board under poration for the purpose of providing Chairperson of the Oversight Board (or the sections 21A(a)(6)(I) and 21B of the Federal financing for the RTC. The oversight designee of the Chairperson) may exercise on Home Loan Bank Act are hereby transferred board was created to oversee the RTC H7616 CONGRESSIONAL RECORD — HOUSE September 23, 1997 and its use of taxpayer funds, as well as sibility requires that the Oversight transferred to it by the OTS. That has activities of REFCORP. Board remain in existence for another all been clearly pointed out, and I Today, the oversight board is no 33 years, when the last REFCorp bonds think we did a good job, or they did a longer needed, given that its primary are repaid. good job of that over the years. The responsibility ceased when the RTC’s Since the Treasury Department pays chairman has already pointed out how doors were closed on December 31, 1995. approximately $2.3 billion of the $2.6 in the process of that we created not The oversight board’s remaining pro- billion in annual interest payments on only RTC, but REFCorp and this Over- grammatic responsibilities are: First, the REFCorp bonds, most responsibil- sight Board. And the dispositions of oversight of the REFCORP; and Sec- ities relating to REFCorp repayment these properties valued at hundreds of ond, through fiscal year 1998, a nonvot- are performed by Treasury staff. Never- millions of dollars was done without ing membership on the Affordable theless, the Oversight Board must by scandal. Housing Advisory Board. law maintain separate offices and sepa- However, I think that the fact now H.R. 2343 would transfer the rate staff, and perform administrative remains that since 1995, when RTC was REFCORP oversight responsibilities to and reporting functions imposed large- terminated, having concluded its busi- the Secretary of the Treasury, and the ly because of its existence as a separate ness, essentially, the primary role of Affordable Housing Advisory Board entity of the Government. These func- the cleanup and oversight is now non- would be restructured to eliminate the tions require annual expenditures of existent. Its remaining functions are nonvoting seat held by the oversight over one-quarter of a million dollars. formal and routine at most, and can board. As a result, CBO estimates the Mr. Speaker, these are unnecessary easily be carried out by the Treasury passage of this bill would result in an- costs that taxpayers should not have to Department. nual savings of over $250,000 in person- continue paying for another 33 years. This legislation, in fact, transfers the nel and overhead costs for the remain- The abolition of the Oversight Board is REFCorp oversight and the board over- ing 33 years of the board’s life. In supported by the administration, by sight to the Secretary of the Treasury short, the bill will abolish a Govern- the Treasury Department, and by all and portions to the Affordable Housing ment agency that is no longer needed three members of the Oversight Board, Advisory Board. I strongly support and result in significant savings to the including Federal Reserve Board Chair- that. taxpayers. man Alan Greenspan. CBO reports that I want to commend the gentleman H.R. 2343 has the support of all three the legislation will produce annual sav- from Iowa, Chairman LEACH, for his members of the oversight board, Acting ings of over $250,000, and OMB reports leadership on this, and also reiterate Chairman Hawke, Secretary Cuomo, no objections to the bill. the fact that all responsible people, in- and Chairman Greenspan. In addition, An additional provision of the bill cluding Alan Greenspan of the Federal the Committee has been informed that added during markup by our colleague, Reserve Board, the chairman, and the the Office of Management and Budget the gentleman from Alabama [Mr. Department of the Treasury and OMB has no objection to this legislation. BACHUS], would provide additional sav- have no exceptions. They all support In terms of procedure, the committee ings to taxpayers by reducing the man- this legislation. held a hearing on September 9 and fa- dated meeting requirements of the Af- It has been pointed out that the esti- vorably reported the bill on a unani- fordable Housing Advisory Board. That mate is that it is going to save millions mous voice vote. In this context, I board was created by Congress to ad- of dollars for the taxpayer, $250,000 per would like to express my appreciation vise the FDIC on the use of the sizeable year, and it seems to me that in this to Mr. LAFALCE and Mr. VENTO for stock of foreclosed residential prop- age when we are all talking in the Con- their cooperation in this endeavor and erties it acquired from failed thrift in- gress about downsizing government for the corrections day task force for stitutions. and finding constructive ways to re- its constructive support. I hope this The FDIC also supports these duce overburdening regulation, this is commonsense legislation will receive changes. It is time to put these last a wonderful example of how we can the approval of the House. After all, vestiges of the S&L crisis behind us constructively move in that direction, the bill eliminates an unneeded Gov- and to provide some tangible savings and at the same time, save the tax- ernment agency, has bipartisan sup- for taxpayers. I would urge adoption of payers’ money. port, and saves the taxpayer money. the legislation. Mr. LEACH. Mr. Speaker, I yield my- Mr. Speaker, I reserve the balance of Mr. Speaker, I reserve the balance of self such time as I may consume. my time. my time. Mr. Speaker, I thank the gentle- Mr. LEACH. Mr. Speaker, I yield 5 woman for her terrific leadership on b 1430 minutes to the gentlewoman from New this and so many other issues related Mr. LAFALCE. Mr. Speaker, I yield Jersey [Mrs. ROUKEMA], the distin- thereto. myself such time as I may consume. guished chairwoman of the Committee Mr. Speaker, I reserve the balance of Mr. Speaker, I join with the distin- on Banking and Financial Services’s my time. guished chairman of the Committee on Subcommittee on Financial Institu- Mr. LAFALCE. Mr. Speaker, I yield 3 Banking and Financial Services in urg- tions and Consumer Credit. minutes to the distinguished gen- ing the House to pass H.R. 2343, the (Mrs. ROUKEMA asked and was tleman from Minnesota [Mr. VENTO], Thrift Depositor Protection Oversight given permission to revise and extend ranking Democrat on the Subcommit- Board Abolishment Act. her remarks.) tee on Financial Institutions and The legislation was adopted unani- Mrs. ROUKEMA. Mr. Speaker, I Consumer Credit. mously by our Committee on Banking thank the gentleman for yielding time Mr. VENTO. Mr. Speaker, I thank and Financial Services by voice vote. It to me, and I certainly thank the chair- the gentleman from New York [Mr. LA- formally abolishes the Thrift Depositor man of the subcommittee. FALCE], the ranking member, for yield- Protection Oversight Board which Con- Mr. Speaker, I rise today as a full- ing time to me. I rise with the chair- gress created in 1989 to oversee the fledged battle-scarred veteran of the man and my colleagues to support the Resolution Trust Corporation. savings and loan debacle. I was a mem- passage of this bill. The Oversight Board played a signifi- ber of this committee when we put into Mr. Speaker, the Resolution Trust cant role in supervising the RTC’s place the mechanisms that have been Corporation initiated in FIRREA, the takeover and resolution of nearly 750 identified today that were so des- Financial Institutions Reform, Recov- failed thrift institutions. However, perately needed to clean up and put ery, and Enforcement Act of 1989, was since its elimination in 1995, the Over- this scandal behind us. very important. In fact, they managed sight Board’s activities have been During the long hours we spent pass- the closure or the assets of nearly 750 minimal. Its only remaining respon- ing FIRREA back in 1989, as has been different S&L’s, literally managing a sibility involves overseeing repayment explained by the chairman and ranking half a trillion dollars over the course of of the $30 billion in REFCorp bonds is- member, we created the Resolution its history, which, as my colleague, the sued between 1989 and 1991 as part of Trust Corporation so we were able to gentlewoman from New Jersey [Mrs. the RTC’s initial funding. This respon- close or sell the failed institutions ROUKEMA], pointed out, the RTC was September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7617 folded into the Federal Deposit Insur- estimated to be $87.9 billion. According to the vious question is ordered on the ance Corporation in 1995. In fact, many latest GAO financial statement audit of the amendment in the nature of a sub- of the policies they followed were the FDIC, however, total costs incurred were stitute recommended by the Commit- policies of the insurance agency, the $86.4 billion. Innovation provisions written into tee on Banking and Financial Services Federal Deposit Insurance Corporation, the 1989 law, the Financial Institutions Re- and on the bill. and one of its successors, the insurer of form, Recovery, and Enforcement Act The question is on on the amendment the S&L’s. (FIRREA], had to be congressionally mon- in the nature of a substitute rec- In any case, the Oversight Board, itored and followed closely. The RTC Over- ommended by the Committee on Bank- which they are talking about today, sight Board and the House's RTC Task Force ing and Financial Services. played an oversight role. But many of did their jobs to be certain that the public The amendment in the nature of a us as well closely monitored the suc- focus was not lost. substitute was agreed to. cess and the problems of the RTC as During the 6 years of the RTC, 747 failed The SPEAKER pro tempore. The they tried to navigate their way thrifts transferred to it were resolved. In the question is on the engrossment and through the disposal of, as I said, lit- process, the RTC protected 25 million feder- third reading of the bill. erally hundreds of billions of dollars ally insured deposit accounts. The RTC dis- The bill was ordered to be engrossed worth of assets. It was very controver- posed of $458 billion in assets through De- and read a third time, and was read the sial at times. cember 21, 1995, recovering $397 billion with third time. I think the Oversight Board did a a rate in excess of 86 percent of book value. The SPEAKER pro tempore. The good job. I think we in Congress did a The RTC disposed of more than 98 percent of question is on the passage of the bill. good job in terms of monitoring the the assets that came under its supervision. The question was taken. RTC, too, especially with the backdrop Roughly $7.7 billionÐbook valueÐin assets Mrs. MALONEY of New York. Mr. of the S&L crisis of the 1980’s. We real- were placed under FDIC management when Speaker, I object to the vote on the ly needed to do that type of task. I the RTC closed. These numbers do not ade- ground that a quorum is not present commend my colleagues that we have quately tell the story of the immensity of their and make the point of order that a reached this particular chapter. Hope- task and the complex issues that this new quorum is not present. fully we will continue to watch the Agency faced. They do show clearly, however, Pursuant to clause 5 of rule I, further FDIC and monitor its progress, if in why vigilant oversight was very pertinent and proceedings on this question are post- fact problems should arise with the critical at the time and in the future should the poned until after 5 p.m. today. substantial issue of managing the bil- FDIC be engaged in a greater number of fi- The point of no quorum is considered lions in assets, a result of failed insti- nancial institution closures. withdrawn. tutions that faced the Resolution Trust Additionally, Mr. Speaker, there was also a f silver lining on the RTC cloud. The Affordable Corporation in the recent past. ANNOUNCEMENT BY THE SPEAKER Our congressional task force did a Housing Program disposed of 24,000 prop- PRO TEMPORE good job as did the oversight of the erties with a book value of $2.5 billion and RTC. Now we are going to save $250,000 also provided more than 109,000 housing The SPEAKER pro tempore. Pursu- a year by eliminating it. It is no longer units for low- and moderate-income families ant to the provisions of clause 5 of rule needed as an oversight group. I com- through the single-family program and the I, the Chair announces that he will mend this measure to my colleagues. multifamily buildings. This program took assets postpone further proceedings today on Mr. Speaker, I rise in support of H.R. 2343, we had in abundance and turned them into each motion to suspend the rules on the Thrift Depositor Oversight Board Abolish- much needed housing opportunities for folks which a recorded vote or the yeas and ment Act. I joined as a cosponsor of this legis- across the country. nays are ordered or on which the vote lation before its passage by the Banking Com- Mr. Speaker, it is time to put the Oversight is objected to under clause 4 of rule mittee 2 weeks ago. Passage of this legisla- Board to rest. The RTC's work has been com- XV. tion is key for several reasons. First, it will pleted for some time now and the few tasks Such rollcall votes, if postponed, will draw the RTC era to a close. Second, this clo- that remain can easily be absorbed by the De- be taken after debate is concluded on sure will potentially save the taxpayer more partment of Treasury. The transition of assets, all motions to suspend the rules, but than $250,000 a year by ending the Thrift De- personnel and operations to the FDIC is com- not before 5 p.m. today. plete. I thank the gentleman from Iowa for positor Oversight Board and transferring the f moving this bill expeditiously. I support pas- few remaining and relatively routine functions sage of H.R. 2343 and urge my colleagues to 50 STATES COMMEMORATIVE COIN to the Treasury Department. And third, they support it as well. PROGRAM ACT will provide for the abolition of an agency for Mr. LAFALCE. Mr. Speaker, I have Mr. CASTLE. Mr. Speaker, I move to all the right reasons: basically, the unique no further requests for time, and I function and mission of the Oversight Board suspend the rules and pass the bill yield back the balance of my time. (H.R. 2414) to provide for a 10-year cir- have been completed. Mr. LEACH. Mr. Speaker, I yield my- As any of my colleagues know, I served as culating commemorative coin program self such time as I may consume. to commemorate each of the 50 States, the Chairman of the Resolution Trust Corpora- Mr. Speaker, I would like to conclude and for other purposes, as amended. tion [RTC] Oversight Task Force for several with one brief observation. Meth- The Clerk read as follows: years. During those early times of the RTC, odologically, this bill is being brought there were many, many implementation prob- up under the Consent Calendar, and I H.R. 2414 lems. We worked hard on the RTC Task would just simply like to state that I Be it enacted by the Senate and House of Rep- Force, and with the Oversight Board on some think this is a very appropriate man- resentatives of the United States of America in Congress assembled, occasions, to call for and require improve- ner to bring a bill of this nature to the ments in several areas such as internal con- floorup. I think it has been a very con- SECTION 1. SHORT TITLE. trols and information systems. The task fo- This Act may be cited as the ‘‘50 States structive and helpful circumstance to Commemorative Coin Program Act’’. cused on a number of contract issues includ- have the calendar which this is being ing procurement systems. I am certain that SEC. 2. FINDINGS. brought up under. I apologize, I do not The Congress hereby finds the following: without our oversight, monitoring, and the im- mean the Consent Calendar, I mean the (1) It is appropriate and timely to— provements made because of it, the costs of new Corrections Calendar that was es- (A) honor the unique Federal republic of 50 the S&L crisis to the U.S. taxpayers would tablished for this kind of correction. States that comprise the United States; and have been higher. There were ample prob- In any regard, I also want to particu- (B) promote the diffusion of knowledge lems with the RTC, and the practices of the larly thank the minority for their help among the youth of the United States about FDIC deserve our continued monitoring. in this matter, and our committee for the individual States, their history and geog- Through the end of 1995, of the $105 billion its unanimous support. raphy, and the rich diversity of the national provided for thrift resolution and asset disposi- heritage. Mr. Speaker, I have no further re- (2) The circulating coinage of the United tion activities, $91.3 billion was released by quests for time, and I yield back the States has not been modernized within the the Oversight Board to the RTC. Actual loss balance of my time. past 25 years. funds used by the RTC from its inception The SPEAKER pro tempore (Mr. (3) A circulating commemorative 25-cent through December 31, 1995, were originally PEASE). Pursuant to the rule, the pre- coin program could produce earnings of H7618 CONGRESSIONAL RECORD — HOUSE September 23, 1997 $110,000,000 from the sale of silver proof coins United States can be proud, the Secretary Mr. Speaker, my subcommittee, the and sets over the 10-year period of issuance shall not select any frivolous or inappropri- Subcommittee on Domestic and Inter- and would produce indirect earnings of an es- ate design for any quarter dollar minted national Monetary Policy of the House timated $2,600,000,000 to $5,100,000,000 to the under this subsection. Committee on Banking and Financial ‘‘(E) PROHIBITION ON CERTAIN REPRESENTA- United States Treasury, money that will re- Services, has been studying the con- place borrowing to fund the national debt to TIONS.—No head and shoulders portrait or at least that extent. bust of any person, living or dead, and no cept of a circulating commemorative (4) It is appropriate to launch a commemo- portrait of a living person may be included coin since 1997. We have held public rative circulating coin program that encour- in the design of any quarter dollar under this hearings, authorized an independent ages young people and their families to col- subsection. study conducted by Coopers & lect memorable tokens of all the States for ‘‘(5) TREATMENT AS NUMISMATIC ITEMS.—For Lybrand, which is substantial, and the face value of the coins. purposes of sections 5134 and 5136, all coins have worked with the Treasury Depart- SEC. 3. ISSUANCE OF REDESIGNED QUARTER minted under this subsection shall be consid- ment on all aspects of this issue. DOLLARS OVER 10-YEAR PERIOD ered to be numismatic items. We are confident that all questions COMMEMORATING EACH OF THE 50 ‘‘(6) NUMISMATIC ITEMS.— regarding the design process, produc- STATES. ‘‘(A) QUALITY OF COINS.—The Secretary Section 5112 of title 31, United States Code, may mint and issue such number of quarter tion, and public acceptance of the new is amended by adding at the end the follow- dollars of each design selected under para- quarters have been fully addressed. As ing new subsection: graph (4) in uncirculated and proof qualities Members may recall, the quarter, save ‘‘(k) REDESIGN AND ISSUANCE OF QUARTER as the Secretary determines to be appro- for a brief commemorative design on DOLLAR IN COMMEMORATION OF EACH OF THE priate. its reverse for the 1975–76 bicentennial, 50 STATES.— ‘‘(B) SILVER COINS.—Notwithstanding sub- has been unchanged since 1932, the ‘‘(1) REDESIGN BEGINNING IN 1999.— section (b), the Secretary may mint and longest period for any coin in U.S. his- ‘‘(A) IN GENERAL.—Notwithstanding the 4th issue such number of quarter dollars of each tory. sentence of subsection (d)(1) and subsection design selected under paragraph (4) as the Interestingly, the current quarter it- (d)(2), quarter dollar coins issued during the Secretary determines to be appropriate with self was intended as a circulating com- 10-year period beginning in 1999, shall have a content of 90 percent silver and 10 percent designs on the reverse side selected in ac- copper. memorative, scheduled to circulate cordance with this subsection which are em- ‘‘(C) SOURCES OF BULLION.—The Secretary only one year to commemorate the blematic of the 50 States. shall obtain silver for minting coins under 200th anniversary of Washington’s ‘‘(B) TRANSITION PROVISION.—Notwith- subparagraph (B) from available resources, birthday. This country has not had a standing subparagraph (A), the Secretary including stockpiles established under the circulating commemorative coin since may continue to mint and issue quarter dol- Strategic and Critical Materials Stock Pil- the very popular Bicentennial quarter. lars in 1999 which bear the design in effect ing Act. While that coin commemorated the before the redesign required under this sub- ‘‘(7) APPLICATION IN EVENT OF THE ADMIS- bicentennial of the country’s birth and section and an inscription of the year ‘1998’ SION OF ADDITIONAL STATES.—If any addi- was not designed as a fundraising as required to ensure a smooth transition tional State is admitted into the Union be- into the 10-year program under this sub- fore the end of the 10-year period referred to mechanism, it was very popular with section. in paragraph (1), the Secretary of the Treas- both the general public and with coin ‘‘(2) SINGLE STATE DESIGNS.—The design on ury may issue quarter dollar coins, in ac- collectors. Of the 1.67 billion quarters the reverse side of each quarter dollar issued cordance with this subsection, with a design struck, only 20 percent are still in cir- during the 10-year period referred to in para- which is emblematic of such State during culation, so approximately 330 million graph (1) shall be emblematic of 1 of the 50 any 1 year of such 10-year period, in addition dollars’ worth of coins were saved by States. to the quarter dollar coins issued during people and taken out of circulation. ‘‘(3) ISSUANCE OF COINS COMMEMORATING 5 such year in accordance with paragraph The fact that people save the coins STATES DURING EACH OF THE 10 YEARS.— (3)(A).’’. saves the Government money. It rep- ‘‘(A) IN GENERAL.—The designs for the The SPEAKER pro tempore. Pursu- resented a cost avoidance, meaning the quarter dollar coins issued during each year of the 10-year period referred to in paragraph ant to the rule, the gentleman from Treasury did not need to borrow that (1) shall be emblematic of 5 States selected Delaware [Mr. CASTLE] and the gen- money to pay interest on the national in the order in which such States ratified the tleman from New York [Mr. FLAKE] debt. Although this was not the origi- Constitution of the United States or were ad- each will control 20 minutes. nal intent of this project, it turns out, mitted into the Union, as the case may be. The Chair recognizes the gentleman based on the study commissioned last ‘‘(B) NUMBER OF EACH OF 5 COIN DESIGNS IN from Delaware [Mr. CASTLE]. year by the Treasury Department and EACH YEAR.—Of the quarter dollar coins is- Mr. CASTLE. Mr. Speaker, I yield conducted by the accounting firm of sued during each year (of the 10-year period myself such time as I may consume. Coopers & Lybrand, that minting a cir- referred to in paragraph (1)), the Secretary of Mr. Speaker, I am pleased to bring culating commemorative quarter offer- the Treasury shall prescribe, on the basis of such factors as the Secretary determines to H.R. 2414 before the House today. H.R. ing the 50 States would be a pretty im- be appropriate, the number of quarter dollars 2414, which is known as the 50 States pressive moneymaker. which shall be issued with each of the 5 de- Commemorative Coin Program Act of b 1445 signs selected for such year. 1997, would authorize the United States Here is how the mint will earn an es- ‘‘(4) SELECTION OF DESIGN.— Mint to strike over a 10-year period a timated $11 million annually, $110 mil- ‘‘(A) IN GENERAL.—Each of the 50 designs series of 50 quarters that would pre- lion over the life of the program, from required under this subsection for quarter serve the portrait of George Washing- the sale of silver proof sets of the quar- dollars shall be— ton on the front or obverse side of the ‘‘(i) selected by the Secretary after con- ter. The Coopers & Lybrand study coin, and retain all the traditional sultation with— showed that, as with the Bicentennial ‘‘(I) the Governor of the State being com- mottoes and identifying marks the cur- quarter, the 50-State quarter will be memorated, or such other State officials or rent quarter carries. very popular with the public. The group as the State may designate for such On the back or reverse side of the study showed that while 51 percent of purpose; and quarter, there would be a series of de- ‘‘(II) the Commission of Fine Arts; and the 2,000 people surveyed said that they signs honoring each of the 50 States. thought the program would be a good ‘‘(ii) reviewed by the Citizens Commemora- The coins would be issued at the rate of tive Coin Advisory Committee. idea, 75 percent said they would collect 5 each year, starting in 1999, first in the ‘‘(B) SELECTION AND APPROVAL PROCESS.— some or all of the quarters. Designs for quarter dollars may be submitted order of States’ ratification of the Con- Because the study found that an in accordance with the design selection and stitution, then in order of their admis- overwhelming number of people would approval process developed by the Secretary sion to the Union. save the quarters, Coopers & Lybrand in the sole discretion of the Secretary. Such a program would reinvigorate estimated that between 2.6 and 5.1 bil- ‘‘(C) PARTICIPATION.—The Secretary may our circulating coin program for both lion dollars’ worth of quarters would be include participation by State officials, art- the public and collectors in a respon- taken out of circulation, meaning this ists from the States, engravers of the United sible, affordable way. In addition, it States Mint, and members of the general program could save taxpayers billions public. would be educational and fun, would of dollars. ‘‘(D) STANDARDS.—Because it is important promote pride among the States, and Given that the survey excluded peo- that the Nation’s coinage and currency bear would be a winner financially for the ple under the age of 18, the entire uni- dignified designs of which the citizens of the Government. verse of schoolchildren that might be September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7619 expected to collect the coins, those fig- the State may designate’’ will consult to honor and celebrate our 220th anni- ures seem very conservative. Estimates with the Secretary of the Treasury, versary as a republic. In addition, it by the General Accounting Office and who will select the final designs. was brought to our attention that Con- the Congressional Budget Office and When each State’s final decision gress has not modernized U.S. coinage the mint of the amount that would be choice is sent to Washington, it must for nearly 25 years. collected are generally consistent with be approved by both the Federal Com- I am pleased to recognize and rec- the Coopers & Lybrand study. mission of Fine Arts and the Citizens ommend this program to the House, It must be noted that these estimates Commemorative Coin Advisory Com- not only because it will reinvigorate are necessarily a little imprecise be- mission, the latter chaired by the di- the circulating coin program for both cause nothing of this scope, on average, rector of the mint, before going to the the public and collectors, but also be- roughly 700 million quarters will be Treasury Secretary for final approval. cause of the obvious educational bene- minted of each State’s design, ever has In other words, the Secretary of the fits that can be derived from it. been attempted in this country before. Treasury has complete authority to en- Each of the 50 coins will bear an Our neighbor to the north, Canada, sure that the designs are appropriate image capturing the unique character conducted a similar program in 1992 and reflect the goals of the program of each and every individual State. when that country issued a series of and the high standards of our Nation. This will promote public awareness of quarters commemorating the prov- Importantly, while the bill would the roots of the Federal system upon inces. While the scale is much smaller, have quarters struck in the order the which our Nation is founded and in- nearly all of these coins are said to States came into the Union, the quar- crease knowledge of the individuality have been removed from circulation by ters for the first year would represent of each and every State in the Nation. collectors so quickly that the supply of Delaware, Pennsylvania, New Jersey, Beyond the educational dividends, coins struck dried up in 3 months. Georgia, and Connecticut, there is pro- the gentleman from Delaware [Mr. Given this, the program will certainly vision for growth of the Union. The bill CASTLE] and I crafted H.R. 2414 to bene- be a financial benefit to the Govern- states that if any new State is admit- fit the Federal budget as well. Indirect ment. ted to the Union during the 10-year pe- savings from the program will result in The program will also draw the inter- riod when the commemorative quarters an estimated $3.4 billion, plus interest, est of all Americans. As my colleagues are being struck, the Secretary may, gain for the Treasury over the 10 years have seen in the news, there has been using the above guidelines, issue a cir- that this program is in effect. coverage of the 50-State coin proposal culating commemorative quarter for Beyond these issues, the circulating on news pages and feature pages and that State. commemorative program for quarters editorial pages in newspapers across Mr. Speaker, the 50 State Coin Pro- makes management sense for the mint. the country. Residents of many States gram will promote State pride, reinvig- Last year, the gentleman from Dela- have already been speculating what orate interest in our circulating coin- ware [Mr. CASTLE], the chairman, and I symbols would best represent their age, help educate our young people, produced a bill that would limit the State. and produce savings for the Treasury. number of noncirculating commemora- In my home State of Delaware, the It has been carefully developed and will tive coins. As many here may know, Wilmington News Journal conducted a be of real benefit to the Nation. I urge there has been a glut on the commemo- contest in which Delawareans designed the immediate adoption of H.R. 2414. rative coin market over the last few a number of creative suggestions, in- Mr. Speaker, I reserve the balance of years, and the mint and numismatic cluding an outline of the State, the old my time. community have urged Congress to re- Cape Henlopen Lighthouse, the Dela- MR. FLAKE. Mr. Speaker, I yield duce the number of commemoratives. ware Blue Hen, and Caesar Rodney, myself as much time as I may At the same time, we have been who made a heroic ride to Philadelphia consume. urged to authorize a circulating pro- to vote in favor of American independ- Mr. Speaker, I would like to thank gram. The program proposed in H.R. ence in 1776. The News Journal had my colleagues for the expedited sched- 2414 will strike a balance between the well over 100 entries, and I am told uling of what I believe to be a truly ex- mint’s productivity capacity and the that I should expect these designs in citing event in the history of United desire to create artistic collectible my office in coming days. As a matter States coinage, the 50 States Com- coinage. of fact, they did a full feature in one of memorative Coin Program Act. In what better way could we create their sections in the paper on this sub- This bill also marks the last time excitement in U.S. coinage? This pro- ject. that I will have the opportunity to gram, as one witness in committee Even informal contests, like the one bring a bill to the floor as ranking hearings described it, would put pride in Delaware, will encourage school member of the Subcommittee on Do- back into the pockets of the American children and all Americans to learn mestic and International Monetary citizens. The American public will be- more about the history of their States Policy. Thus, it is both a proud and bit- come more aware of the rich history of and suggest designs for their State’s tersweet occasion for me, particularly the U.S. coinage, which dates all the quarter to the Treasury. The public given the relationship that I have had way back to the 1790’s. will have a chance to discuss the sym- with the gentleman from Delaware To illustrate this fact, we need to bols and history of the States, and this [Mr. CASTLE], chairman of this sub- look back no further than 1976, the will produce an even greater interest in committee. year we commemorated our Nation’s this coin program. It has been a tremendous experience bicentennial on the quarter. The bicen- It is important to point out that we that we have shared. We have had a tennial coins honored the people, have worked with the Department of great opportunity to bring bills before places, events, and ideals which were Treasury to ensure that the design of the floor, particularly coin bills, and the foundation of our great Nation. the coins will be carefully managed to have been in agreement in terms of I expect that the 50 States Com- ensure that they maintain the high numbers and standards and those memorative Coin Program will reflect standards our coin designs have re- things which we feel are important for similar values which exist in each of flected over the years. the American people. our 50 States while also celebrating our Treasury Secretary Rubin and I are So I would like to thank the gen- Nation’s diversity. Moreover, I believe in agreement that all the new designs tleman from Delaware [Mr. CASTLE] for the legislation will generate a collec- should be dignified. To that end, the the opportunity to serve as ranking tive pride among Americans about not legislation authorizing the new quar- member of this Committee on Domes- only their home States, but also the ters stipulates that the Secretary, and tic and International Monetary Policy. United States in general. I quote, ‘‘shall not select any frivolous In introducing this bill last year, the Mr. Speaker, I hope that our col- or inappropriate design.’’ The bill also committee suggested several reasons leagues will join us in support of H.R. specifies that the Governors of the in- as to why now is the time to introduce 2414. dividual States, and I quote again, ‘‘or a series of circulating commemorative Mr. Speaker, I reserve the balance of such other State officials or group as coins. We noted that it is appropriate my time. H7620 CONGRESSIONAL RECORD — HOUSE September 23, 1997 Mr. CASTLE. Mr. Speaker, I yield tee, is worthy of greatest praise for and worthwhile bill that manages to such time as he may consume to the this particular bill, I want to single out commemorate and make savings for gentleman from Iowa [Mr. LEACH], the work of the gentleman from New the Treasury at the same time. Would chairman of the Committee on Bank- York [Mr. FLAKE] because this may that we could more often accomplish ing and Financial Services. well be the last bill that he will report this dual feat. Mr. LEACH. Mr. Speaker, I thank my out to the floor and manage. His con- b 1500 distinguished friend, the gentleman tribution, not just on this bill, but his from Delaware [Mr. CASTLE], for whom contributions on countless bills and We come to the floor, however, to re- we are all in such great debt. legislation and issues over the years mind our colleagues that this is a Mr. Speaker, at issue with American has been virtually legendary. union of 50 States, four insular areas coinage and currency is the need for He is one of those unique individuals and the District of Columbia. I know it stability and confidence, combined who can and does reach out to all sides, is important to all of us to think of our with the need for keeping up with the whether Democrat or Republican, country in all of its fullness. times. This bipartisan legislation, whether liberal or conservative, in There are, of course, among us those largely the work of the gentleman from order to find common ground. He is not of us who still sting from the fact that Delaware [Mr. CASTLE] and the gen- only one of the most respected Mem- the vote that we won on the House tleman from New York [Mr. FLAKE], bers of this Chamber, it is quite clear floor was, in fact, taken back when the chairman and ranking member of the too he is perhaps the best-liked Mem- majority arrived. My taxpaying citi- Subcommittee on Domestic Inter- ber of this Chamber, and I think that is zens have not forgotten that. It is one national Monetary Policy, uniquely is because of the conciliatory approach thing to take back a vote that we won designed to maintain continuity by that he has taken. on the floor and was approved by the keeping George Washington on one side So, it is with some sadness that I par- courts. It is quite another to exclude of the quarter, while celebrating Amer- ticipate in today’s ceremony because it our jurisdictions from a mere com- ican history, and particularly that of might mark the last bill that the gen- memorative act. The fact is that there her 50 States, in new ways on the re- tleman from New York [Mr. FLAKE] was no intent to exclude us, and we verse side. manages. should have come forward sooner. The legislation provides an oppor- Mr. CASTLE. Mr. Speaker, I yield 1 I very much appreciate the way in tunity for artistic expressions from our minute to the gentleman from Wash- which the chairman has worked with citizenry; it celebrates State history in ington [Mr. METCALF]. Let me just say, me to see that the four insular areas an uplifting way; and it allows for col- in matters of monetary policy and cur- and the District are subsequently in- lectors to collect all 50 quarters for rency and coins, I do not think there is cluded. I daresay, Mr. Speaker, that in- only $12.50. Not only is this exciting anyone other than the next two speak- cluding us in the commemorative coin approach educational, indeed fun, but ers on our side who have shown as act means more to my district than to the Government projects that the pro- much interest on this subcommittee. that of most Members. That has to do gram will produce interest savings on We appreciate that work. with our peculiar history. This bill the debt of between $2.6 and $5.1 bil- Mr. METCALF. Mr. Speaker, in 1976, seeks to, and I am quoting, promote lion. the U.S. Mint introduced the Bicenten- the diffusion of knowledge among the I know of very few bills ever brought nial quarter. The success of this coin in youth of the United States about the before Congress in which one can find a the coin collecting groups was astound- individual States, their history and ge- more unique combination of cir- ing. Today we have a new opportunity ography and the rich diversity of the cumstance: a celebration of history, an to change a coin for the better. national heritage. The commemorative exercise in artistic expression, and The new quarter, uniquely represent- coin, when it includes the territories multibillion dollar savings to the Fed- ing all 50 States individually, will be and the District, will probably for the eral Government. an outstanding addition to the coin first time inform many Americans that This modest modification of our family and will encourage coin savings. there are such areas and the District. coinage could not be more in the public The earnings for the Treasury, let’s The bill seeks also to encourage interest. I congratulate the gentleman hold it, can you imagine a Federal young people and their families to col- from Delaware [Mr. CASTLE] and the project earning money? But this time lect memorable tokens of all of the gentleman from New York [Mr. FLAKE] it is true. The earnings for the Treas- States, yes, and of the four insular on their imaginative initiative. ury, by all indications, will be substan- areas and the District. Mr. FLAKE. Mr. Speaker, I yield tial. We are most pleased that we have such time as he may consume to the I want to thank the gentleman from been able to come to an agreement to gentleman from New York [Mr. LA- Delaware [Mr. CASTLE] and the gen- support what is surely one of the more FALCE]. tleman from New York [Mr. FLAKE] for worthwhile and innovative bills that Mr. LAFALCE. Mr. Speaker, I thank this positive legislation. will come to the floor during the 105th the gentleman from New York [Mr. Mr. FLAKE. Mr. Speaker, I yield as Congress. FLAKE] for yielding me the time. much time as she may consume to the Mr. CASTLE. Mr. Speaker, I yield Mr. Speaker, I rise to support H.R. brilliant gentlewoman from the Dis- myself 30 seconds. I would like to just 2414, legislation intended to revitalize trict of Columbia (Ms. NORTON]. state that the delegate from the Dis- the American public’s interest in our Ms. NORTON. Mr. Speaker, I thank trict of Columbia and I have had some circulating coins. I surely join in all the gentleman from New York [Mr. very fruitful and meaningful discus- the remarks that have been made thus FLAKE] for yielding me the time. I sions about this, and I am in agree- far by the gentleman from New Jersey must say, I learned only today that ment with her. We are going to cospon- [Mr. CASTLE], the gentleman from New this may be his last bill. I hope this is sor along, I am sure, with the delegates York [Mr. FLAKE], and the gentleman not his last hoorah, however. I am sure from the insular areas legislation that from Iowa [Mr. LEACH]. it will not be, especially since I under- would hopefully be able to be added to This is a unique way to celebrate his- stand there is a $23 million cathedral this at some point in the future. I tory, to celebrate the dual sovereignty that awaits him in Queens. think there would be some historical that exists. We have a symbol of the May I also thank the gentleman from and educational aspects of that that Federal Government standard through- Delaware [Mr. CASTLE] for his kindness could be helpful to the young people of out each and every coin, and we allow in agreeing to support a subsequent bill our country. We do have to go back to for an expression from each and every that he would cosponsor with me and Treasury and do some clearance, but State in celebration of the dual sov- with the other delegate to add us to we will be glad to go to work on that ereignty. the 50 States who are being commemo- right away. But more than anything else, I want rated with these coins. Mr. Speaker, I yield such time as he to take this opportunity to, while the I rise, then, in support of H.R. 2414. may consume to the gentleman from gentleman from Delaware [Mr. CAS- And I congratulate the chairman and Oklahoma [Mr. LUCAS], another Mem- TLE], as the chairman of the commit- ranking member on a very innovative ber who has been just of tremendous September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7621 help in dealing with the issues of coin- for their efforts to bring it to the floor to have us included. I also want to age, monetary policy, and related is- in such a timely manner. As someone thank the gentlewoman from the Dis- sues of our subcommittee. with a personal interest in coins, I ap- trict of Columbia [Ms. NORTON] for her Mr. LUCAS of Oklahoma. Mr. Speak- preciate this effort to realize the po- leadership and persistence on this issue er, I rise today to support H.R. 2414, the tential of our Nation’s coinage pro- and to join my colleagues in recogniz- 50 States Commemorative Coin Pro- grams. Once again, I urge all Members ing the efforts of the gentleman from gram Act of 1997. Although most Amer- to support H.R. 2414. New York [Mr. FLAKE] and his distin- icans are not coin collectors and do not Mr. FLAKE. Mr. Speaker, I yield 2 guished service to this House and this give them much of a thought, coins are minutes to the gentleman from Guam country. in reality a part of our daily lives. For [Mr. UNDERWOOD]. Mr. Speaker, as the representative of most, the change in our pockets is Mr. UNDERWOOD. I thank the gen- the people of the U.S. Virgin Islands, something we do not think about. We tleman from New York for yielding me full American citizens who have fought simply pick through it when making a this time. Mr. Speaker, I rise to sup- in record numbers alongside Americans purchase, paying a toll on the highway, port H.R. 2414, the 50 State Commemo- from the District, Guam, American or buying a soda from a vending ma- rative Coin Act. This is a worthwhile Samoa, Puerto Rico and the States, we chine. Perhaps once in a while we may project for all the reasons that have al- want and deserve to be a part of this stop to look at a coin when it catches ready been pointed out and one that we program. We look forward to having our eye. But for most of us, the pen- should certainly support. The main our young people and their families nies, nickels, dimes, and quarters are sponsor, the gentleman from Delaware, embark on this wonderful educational simply coins in our pockets. certainly has a very worthwhile journey with their fellow Americans. In a sense, it is unfortunate that we project. Mr. CASTLE. Mr. Speaker, I yield take coins for granted, because they There is one element of the project myself such time as I may consume. I tell a story. For over 2,000 years na- that I hasten to point out, and that is have already spoken to the issue raised tions and governments have used coins to suggest that in the future, instead of by the delegates who have been so elo- for commerce. And while many of those taking $12.50 out, we could perhaps quent in carrying their message here nations and governments have not sur- move that to $13.75 by including the today. I think the historical perspec- vived, the coins that they created have District of Columbia and the insular tive of what they say and what the Dis- survived the passage of time and pro- areas. One comes here to the House of trict of Columbia says does make a vide a window into the past. Representatives and one of the things great deal of sense. In fact, the more I In the case of our Nation’s coins, we that is most notable about this institu- hear, the more I like it, and we should are reminded of our Nation’s history tion is that the seals of all the 50 go forward with that as soon as we can. and of those people, places, and events States and the insular areas and the I would like to close not necessarily which were part of what made this District of Columbia are all around us. by talking about the legislation, but country great. Although I am confident I take opportunity to point that out to talking about the distinguished gen- that our Nation will survive for cen- various Members of the House so that tleman from New York [Mr. FLAKE], turies, I believe our coins, and specifi- they continue to remember us in their the ranking member, with whom I have cally these commemorative quarters, legislation. worked for some 3 years now in the po- will leave a record for generations to As has already been indicated by the sition of chair and ranking member. I come. gentleman from Delaware, he recog- do not know of any working relation- It is for that exact reason I am such nizes that this legislation does not in- ship in this Congress which has been an avid supporter of this legislation. clude the District of Columbia or any stronger than ours. We have never had H.R. 2414 will temporarily change how of the insular territories, and that he a disparaging word between us. We the quarter looks and replace it with will work along with us to make sure have been in sync on practically every- designs emblematic of our 50 States. that that defect and that deficiency thing. One time when he got rolled on Beginning in 1999, there will be five will be corrected in the future. something, he told me, and I got rolled new designs every year for the follow- If the purpose of this is truly edu- on it almost as rapidly, on something ing 10 years, as the chairman and rank- cational, I can think of no areas that we were not sure we really wanted to ing member so eloquently pointed out, need more of an educational boost in do. in the order in which the States rati- the American consciousness than the He has been just an absolute pleasure fied the Constitution. insular areas. I repeatedly, even in my to work with. I thought of presenting I truly believe that the real benefit of personal dealings in the Washington, some sort of resolution having all 435 this program is that it will encourage D.C. area, have been routinely told Members urging the distinguished gen- coin collecting by all Americans. Be- that my driver’s license is no good, my tleman from New York [Mr. FLAKE] to cause this is a circulating program, checks are no good because I come stay in Congress, but I thought his there will be no surcharge, no fees that from a foreign country. When I hasten church might vote about 3,000 to noth- have often made coin collecting prohib- to point out that I am a Member of the ing as opposed to 435 to nothing and itive for most Americans. The cost of House of Representatives, they would perhaps be able to overwhelm us. We collecting the commemorative quarter say they did not know they let foreign- will miss him tremendously. set will be $12.50 spread out over 10 ers in there. But I want to point out I do not know if this will be his last years. This means that Americans, re- that without the District of Columbia piece of legislation or not. If we can gardless of age or income, will be able and the territories, we really devalue conjure up some other trouble out to collect a complete set. our national symbols, and without us, there, we probably will, because we My vision is that this legislation will we forget the contributions of millions have had a habit of doing that, but in change the way we see coins. When this of citizens to the life of this Nation. case it is, I just want to give public program is in place, I hope Americans Mr. FLAKE. Mr. Speaker, I yield 2 recognition to one of the fine public will stop and take a look at the change minutes to the gentlewoman from the servants in America today who has they receive when making a purchase, beautiful Virgin Islands [Ms. CHRIS- been called to a higher calling, if you instead of just throwing it in a pocket TIAN-GREEN]. will, and I respect that, much as it or a wallet. I hope everyone will stop Ms. CHRISTIAN-GREEN. I thank the troubles me to have to lose him on the to look at the designs on the quarters gentleman for yielding me this time. committee and in the Congress of the and reflect on our Nation’s diverse and Mr. Speaker, I rise to support H.R. 2414, United States. rich history which will be reflected in the 50 State, soon to be 50 State, the He has obviously been tremendously each design. District of Columbia and Territories helpful in the preparation and presen- I would like to thank the gentleman Commemorative Coin Program, and to tation of this legislation, which, by the from Delaware [Mr. CASTLE], the chair- thank the gentleman from Delaware way, is not being heard here for the man, and the gentleman from New [Mr. CASTLE], the chairman, for agree- first time. We have been working on York [Mr. FLAKE], the ranking mem- ing to work with those of us who rep- this for over 2 years together, and we ber, for introducing this legislation and resent the District and offshore areas have had many, many discussions with H7622 CONGRESSIONAL RECORD — HOUSE September 23, 1997 the Treasury and the mint working out is not present and make the point of ‘‘Louisiana: and refining all of the details. order that a quorum is not present. ‘‘Eastern ...... 12 Mr. Speaker, I reserve the balance of The SPEAKER pro tempore. Pursu- ‘‘Middle ...... 3 my time. ant to clause 5, rule I, and the Chair’s ‘‘Western ...... 7’’. Mr. FLAKE. Mr. Speaker, I yield my- prior announcement, further proceed- The SPEAKER pro tempore [Mr. self such time as I may consume. I ings on this motion will be postponed. PEASE]. Pursuant to the rule, the gen- would just like to thank the chairman The point of no quorum is considered tleman from North Carolina [Mr. of the committee. This has been 3 won- withdrawn. COBLE] and the gentlewoman from derful years. I have enjoyed my tenure f Texas [Ms. JACKSON-LEE] each will con- here over the last 11 years, both as a trol 20 minutes. b chairman of the Subcommittee on Gen- 1515 The Chair recognizes the gentleman eral Oversight and Investigations at a PROVIDING AUTHORIZATION FOR from North Carolina [Mr. COBLE]. point and also as ranking member. ARBITRATION IN U.S. DISTRICT I can honestly say that I do not leave GENERAL LEAVE COURTS the Congress because of the changes Mr. COBLE. Mr. Speaker, I ask unan- that have taken place in leadership. I Mr. COBLE. Mr. Speaker, I move to imous consent that all Members may leave the Congress because the Lord suspend the rules and pass the Senate have 5 legislative days to revise and ex- has blessed me to build a wonderful bill (S. 996) to provide for the author- tend their remarks on the Senate bill church community in Jamaica, Queens, ization of appropriations in each fiscal under consideration. NY, with over 9,000 members in that year for arbitration in United States The SPEAKER pro tempore. Is there church now and a myriad of commu- district courts, as amended. objection to the request of the gen- nity development programs, over 800 The Clerk read as follows: tleman from North Carolina? employees. It is impossible for me to S. 996 There was no objection. maintain both my church responsibil- Be it enacted by the Senate and House of Rep- Mr. COBLE. Mr. Speaker, I yield my- ities and the responsibilities of this resentatives of the United States of America in self such time as I may consume, and I Congress. Congress assembled, rise in support of S. 996, a bill intro- I was called at 15 to preach, and I was SECTION 1. ARBITRATION IN DISTRICT COURTS. duced to reauthorize the existing Fed- pastoring by the time I was 19. I am 52 Section 905 of the Judicial Improvements eral court arbitration programs estab- now, so I know what my calling is, and and Access to Justice Act (28 U.S.C. 651 note) lished in Chapter 44 of Title 28 of the though I leave this place with some re- is amended in the first sentence by striking U.S. Code. gret, because I have been very fortu- ‘‘for each of the fiscal years 1994 through On June 23 of this year we passed by nate to work with both sides of the 1997’’ and inserting ‘‘for each fiscal year’’. voice vote the House version of this aisle, no one any greater than the gen- SEC. 2. ENHANCEMENT OF JUDICIAL INFORMA- TION DISSEMINATION. bill, H.R. 1581. The bill reauthorizes 20 tleman from Delaware [Mr. CASTLE] for Section 103(b)(2) of the Civil Justice Re- pilot arbitration programs which have the last 3 years. I certainly do appre- form Act of 1990 (Public Law 101–650; 104 been in existence in the U.S. district ciate the kind of respect that we have Stat. 5096; 28 U.S.C. 471 note) is amended— courts around the country for 20 years. had for each other and the kind of (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; These programs have been unquestion- work that we have been able to do. (2) by striking ‘‘sections 471 through 478’’ ably successful over the years in re- Hopefully as I leave, I am certain there and inserting ‘‘sections 472, 473, 474, 475, 477, solving Federal litigation in a fair and are persons who can take up this man- and 478’’; and expeditious manner and improving the tle and continue in that kind of rela- (3) by adding at the end of the following efficiency of those Federal courts new subparagraph: tionship. which participate in the program. I look forward to my days. Someone ‘‘(B) The requirements set forth in section 476 of title 28, United States Code, as added Upon consideration of this bill by the said I was going so I would have a by subsection (a), shall remain in effect per- Senate an amendment was adopted to lighter schedule. I would assure my manently.’’. reauthorize another very successful re- colleagues that my schedule will be SEC. 3. EXTENSION OF CERTAIN TEMPORARY form from the Civil Justice Reform much heavier than it is even here. But JUDGESHIPS. Act, the requirement that a list of each I cannot do two full-time jobs. I have Section 203(c) of the Judicial Improve- Federal judge’s 6-month-old motions been working overtime in both. I am ments Act of 1990 (28 U.S.C. 133 note) is and 3-year-old cases be published and amended— just privileged to have had this oppor- disseminated twice each year. Accord- tunity to be here. (1) by striking paragraph (1) and redesig- nating the succeeding paragraphs accord- ing to one report, this reporting re- My one regret about my congres- quirement has led to a 25-percent re- sional life is that my mother and fa- ingly; and (2) by striking the last 3 sentences and in- duction in the number of cases pending ther did not live long enough to see me serting the following: ‘‘Except with respect more than 3 years in the Federal sys- come here, but I know that they re- to the western district of Michigan and the tem. joice in what I have been able to do. eastern district of Pennsylvania, the first va- The version of S. 996 being considered I do hope the gentleman from New cancy in the office of district judge in each today contains two additional provi- York [Mr. LAFALCE], soon to be rank- of the judicial districts named in this sub- sions. The first is an amendment to re- ing member, who has served on this section, occurring 10 years or more after the authorize for 5 more years certain tem- committee with me and the gentleman confirmation date of the judge named to fill porary judgeships which are due to ex- from Texas [Mr. Gonzalez], who was the temporary judgeship created by this sub- pire this year. Statistics compiled from chairman and ranking member, they sections, shall not be filled. The first va- cancy in the office of district judge in the the Administrative Office of the U.S. have been exemplary in their work western district of Michigan, occurring after Courts indicate that the case loads in with me and legislation, and I am December 1, 1995, shall not be filled. The first these districts require the continued grateful for that. vacancy in the office of district judge in the use of temporary judgeships to prevent Mr. Speaker, I yield back the balance eastern district of Pennsylvania, occurring 5 of my time. years or more after the confirmation date of case backlogs. The amendment con- Mr. CASTLE. Mr. Speaker, I have no the judge named to the fill the temporary tains provisions similar to those intro- further requests for time, and I yield judgeship created for such district under this duced by the gentleman from Illinois, back the balance of my time. subsection, shall not be filled. For districts [Mr. HYDE] chairman of the Committee The SPEAKER pro tempore [Mr. named in this subsection for which multiple on the Judiciary, and Senator ORRIN judgeships are created by this Act, the last PEASE]. The question is on the motion HATCH, chairman of the Senate Judici- of those judgeships filled shall be the judge- ary Committee. offered by the gentleman from Dela- ships created under this section.’’. ware [Mr. CASTLE] that the House sus- The other provision would transfer a SEC. 4. TRANSFER OF FEDERAL COURT JUDGE- Federal judgeship from the Eastern pend the rules and pass the bill, H.R. SHIP. 2414, as amended. The table contained in section 133(a) of District of Louisiana to the Middle Dis- The question was taken. title 28, United States Code, is amended by trict of Louisiana. The amendment Mr. CONDIT. Mr. Speaker, I object to amending the item relating to Louisiana to seeks to alleviate the burdensome case- the vote on the ground that a quorum read as follows: load facing the Middle District there, September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7623 which is four times the national aver- Mr. Speaker, I reserve the balance of (c) REPORT.—Not later than March 1, 1999, age. The change is similar to the legis- my time. the Attorney General shall report to the lation Senator JOHN BREAUX has pend- Mr. COBLE. Mr. Speaker, I thank the Congress on the impact of the revised regula- ing in the other body. gentlewoman from Texas for her gener- tions issued under subsection (a) on the num- ber and nature of unauthorized entrances by The current authorization of the ar- ous comments. individuals into the United States. bitration programs expires on Septem- Mr. Speaker, I have no further re- ber 30 of this year, and thus there is quests for time, and I yield back the The SPEAKER pro tempore. Pursu- some urgency, Mr. Speaker, in reau- balance of my time. ant to the rule, the gentleman from thorizing these very successful pro- Ms. JACKSON-LEE of Texas. Mr. Texas [Mr. SMITH] and the gentleman grams prior to that date. Speaker, I yield back the balance of from North Carolina [Mr. WATT] each I urge my colleagues to vote in favor my time. will control 20 minutes. of this bipartisan bill. The SPEAKER pro tempore. The The Chair recognizes the gentleman Mr. Speaker, I reserve the balance of question is on the motion offered by from Texas [Mr. SMITH]. my time. the gentleman from North Carolina GENERAL LEAVE Ms. JACKSON-LEE of Texas. Mr. [Mr. COBLE] that the House suspend the Mr. SMITH of Texas. Mr. Speaker, I Speaker, I yield myself such time as I rules and pass the Senate bill, S. 996, as ask unanimous consent that all Mem- may consume. amended. bers have 5 legislative days to revise Mr. Speaker, I rise as well in support The question was taken. and extend their remarks on the bill of S. 996, the House version of which Mr. CONDIT. Mr. Speaker, I object to under consideration. was reported out of the House Commit- the vote on the ground that a quorum The SPEAKER pro tempore. Is there tee on the Judiciary on June 23 of this is not present and make the point of objection to the request of the gen- year. S. 996 includes an extension of order that a quorum is not present. tleman from Texas? certain arbitration programs in the The SPEAKER pro tempore. Pursu- There was no objection. Federal district courts that have been ant to clause 5, rule I, and the Chair’s Mr. SMITH of Texas. Mr. Speaker, I in place now for 20 years. It is well prior announcement, further proceed- yield myself such time as I may known that as the court systems have ings on this motion will be postponed. consume. increased both the interests of the pub- The point of no quorum is considered Mr. Speaker, I appreciate the time lic and the number of litigation mat- withdrawn. and effort the gentleman from Ohio ters that have appeared before our Fed- f [Mr. LATOURETTE] has devoted in work- eral courts around the Nation, and ar- ing with me to devise a bill that ad- bitration has been a very effective and REGARDING CANADIAN BORDER dresses the legitimate concerns of his useful tool to bring parties to the op- BOAT LANDING PERMIT Great Lakes constituency while at the portunity of resolution and fairness Mr. SMITH of Texas. Mr. Speaker, I same time keeping the U.S. border as and equity and justice, and as pro- move to suspend the rules and pass the secure as possible. H.R. 2027 carefully ponents of that on the floor of the bill (H.R. 2027) to provide for the revi- balances the two competing interests. I House I think it is extremely impor- sion of the requirements for a Canadian urge my colleagues to vote in support tant that we give this vehicle an oppor- border boat landing permit pursuant to of this legislation. tunity to work further. section 235 of the Immigration and Na- By way of background American and This bill also creates a reauthoriza- tionality Act, and to require the Attor- Canadian small boat operators and tion of caseload reporting requirements ney General to report to the Congress their passengers returning to the U.S. from Federal courts, and might I say on the impact of such revision. from Canadian waters must either that as we secure these caseload re- The Clerk read as follows: enter through a port of entry or possess quirements it was noted that part of H.R. 2027 approved I–68 forms issued by the INS the result is to assist judges in making Be it enacted by the Senate and House of Rep- and good for 1 year. While the I–68 sure they clean up cases that have been resentatives of the United States of America in forms allow individuals on boats to on the dockets for 3 years and motions Congress assembled, enter the United States without being for 6 months. I also hope, however, that SECTION 1. CHANGE IN CANADIAN BORDER BOAT inspected at each docking, the persons the utilization of this data helps us to LANDING PERMIT REQUIREMENTS. are physically inspected and entered recognize the great burden that is (a) REVISED REGULATION.—Not later than into INS records once a year in apply- placed on many of our district courts 60 days after the date of enactment of this ing at INS offices for the forms. H.R. Act, the Attorney General, in consultation and will see us encouraging, one, the with the Commissioner of Immigration and 2027 would set up a pilot program creation of new courts to help alleviate Naturalization, shall issue revised regula- whereby a United States citizen pas- the burden because where we have bur- tions for the implementation of section 235 senger on a small boat would be able to den and case logs, cases jammed, we of the Immigration and Nationality Act with return from Canadian waters without also have a denial of justice. So this respect to the requirement that certain indi- an inspection or an I–68 form as long as would hopefully help us to remedy the viduals entering the United States from Can- the passenger was carrying an United problems that we might have in over- ada by boat obtain a landing permit. The re- States passport. load in many of our Federal courts. vised regulations shall provide that, in the I do not want to leave the impression case of a United States citizen traveling in a This legislation also creates an exten- boat of not more than 65 feet in length (in- that I do not have concerns about any sion of certain temporary judgeships cluding a boat of not more than 65 feet in waiving of the I–68 requirement. The and a transfer of a judgeship from one length (including a boat used for commercial Subcommittee on Immigration and Louisiana district to another. purposes) on a trip between the United Claims recently held a hearing on alien I am aware at this time, Mr. Speaker, States and Canada of not more than 72 hours smuggling in which it was learned that of no objections to this legislation be- duration, the citizen need not obtain such a smuggling from Canada has been in- fore us. I certainly would like to com- permit if— creasing and will continue to increase mend the hard work of the gentleman (1) the citizen carries a United States pass- as beefed-up border control presence port for the duration of the trip; and from North Carolina [Mr. COBLE] who (2) the citizen is not an owner, or an opera- makes the southern border less hos- worked very hard on this legislation. I tor, of the boat. pitable. Unfortunately, smugglers will am sure that many of our courts (b) SUNSET.—The revised regulations issued look for any available weak link in our around the Nation, our Federal district under subsection (a) shall cease to be effec- border security apparatus. courts, will appreciate some of the as- tive on December 31, 1998. After such date, However there are two aspects to the sistance that is given to them through the regulations that were in effect on the bill of the gentleman from Ohio [Mr. this legislation, and I also thank the day before the enactment of this Act with re- LATOURETTE] that minimize these se- ranking member, the gentleman from spect to the requirement that certain indi- curity concerns. First, passengers must viduals entering the United States from Can- Massachusetts [Mr. FRANK], for his ada by boat obtain a landing permit shall re- still carry U.S. passports. Because a leadership, along with our staffs for sume to be effective, in the same manner and passport is the identification document concluding work on this important to the same extent as if this Act had not most difficult to counterfeit, alien piece of legislation. been enacted. smugglers will find it difficult to use. H7624 CONGRESSIONAL RECORD — HOUSE September 23, 1997

Second, experimenting with an I–68 grants directly into the heartland of Michigan [Mr. DINGELL], the dean of waiver as a pilot program lasting until the United States, and that is the di- the House, a bad one to leave off; my the end of 1998 will enable the INS to lemma we are in with this bill. colleagues the gentleman from Ohio measure its effects and report back to I think it is commendable to try to [Mr. TRAFICANT], the gentleman from Congress on whether making the waiv- make it as easy as we can make it for Ohio [Mr. OXLEY] and the gentlewoman er permanent is warranted. citizens to get back, for our citizens to from Ohio [Ms. KAPTUR]; the gentleman Again, I urge my colleagues to vote get back and forth, into and out of from New York [Mr. PAXON]; the gen- in favor of H.R. 2027. Canada. Unfortunately it is not pos- tleman from Michigan [Mr. STUPAK]; Mr. Speaker, I reserve the balance of sible always to know who our citizens also the gentleman from Washington my time. are, and the law, as currently written, [Mr. METCALF], and also on the floor Mr. WATT of North Carolina. Mr. provides some protections while not with us here today is the gentleman Speaker, I yield myself such time as I creating so much of an inconvenience from New York [Mr. LAFALCE], a tire- might consume. that it is unreasonable. less champion for the boating public as Mr. Speaker, I rise in opposition to b well. the bill, and let me state from the out- 1530 Madam Speaker, earlier this year I set that if a vote is called on this bill, Madam Speaker, I reserve the bal- introduced legislation to modify the I– it will not be because I called for the ance of my time. 68 program to allow greater flexibility vote. It seems to me that we are get- Mr. SMITH of Texas. Madam Speak- for recreational boaters from the Unit- ting votes on each one of the suspen- er, I yield 5 minutes to the gentleman ed States that wished to call on a Ca- sion bills today for other reasons. I rise from Ohio [Mr. LATOURETTE], who has nadian port and return home without in opposition to this bill not because been a tireless advocate of recreational the inconvenience that that current there are not competing arguments, boaters who have to comply with the program places on boaters. but because there are competing argu- requirements of the I–68 form. While The INS is charged with the impor- ments, and I think my colleagues de- the subcommittee had concerns with tant responsibility of keeping our bor- serve to hear arguments on all sides of the gentleman’s earlier version of this ders secure from illegal immigration, a this bill. legislation, he was willing to work mission which I wholeheartedly sup- This is a bipartisan bill, and a num- with me and other members of the sub- port. Current law requires vessels that ber of my colleagues on the Demo- committee, and that is much appre- have visited Canada undergo a face-to- cratic side will be speaking in favor of ciated. Thanks to the gentleman from face inspection with INS upon return, it, and so I hope that my colleagues Ohio [Mr. LATOURETTE], H.R. 2027 but since 1963 boaters have been af- will just pay attention to the debate strikes an important balance and en- forded the opportunity to apply for and make their own decisions about it. sures our borders remain secure and what is known as an I–68 permit that We used to say when I was growing brings relief to the boating public. would allow multiple crossings without up that consistency is the hobgoblin of (Mr. LATOURETTE asked and was inspection. small minds, but we also used to say given permission to revise and extend This permit was issued without that when you ignore consistency his remarks.) charge until 1995. They then began sometimes you can be extremely hypo- Mr. LATOURETTE. Madam Speaker, charging a $16 personal fee and re- critical, and, so according, this di- I want to thank the chairman of the quired that all passengers apply to the lemma here. On the one hand we are subcommittee, the gentleman from INS office. substantially beefing up our borders Texas [Mr. SMITH], for his cooperation Until this change, many boaters along especially the southern borders and leadership on this bill. While, as thought they were complying with the and throughout the rest of the United the gentleman noted, we had a dif- law by calling in to customs and were States. On the other hand, this bill re- ference of opinion initially on this unaware of the INS inspection require- laxes our border around the Great piece of legislation, I appreciate his ment. This has caused much confusion Lakes, and it seems to me that we at willingness to work out a compromise along the Canadian-United States bor- least need to be aware that this is in- and move H.R. 2027 to the floor. der because they are not required to consistent with everything else we are I also want to thank the gentleman pay a fee at Canadian-United States land crossings. These boaters rightfully saying about immigration policy. from North Carolina [Mr. WATT], the The bill, like every other bill related ranking member of the subcommittee, wonder if once again they are being to U.S. immigration policy, is about and although I have not been as suc- singled out as a broad target for addi- tional user fees such as the ill-con- striking the proper balance between se- cessful in convincing him of the wor- ceived FCC radio license fee. curing U.S. borders against illegal im- thiness of our bill as I was with the Madam Speaker, I am a supporter of migration while allowing trade and gentleman from Texas [Mr. SMITH], I do the fee-for-service concept and I be- tourism to continue to flow freely. I want to thank him for his cooperation lieve that if a particular class of citi- am not convinced that H.R. 2027 strikes and also appreciate the thoughtfulness zens is receiving an individualized serv- the proper balance between these com- of his remarks. ice from the government, it should help peting interests. The fact is that the Madam Speaker, before I begin my pay for it. However, there appears to be southwest border of the United States remarks about the bill itself, I want to no discernible increase in INS inspec- between Mexico and the United States extend a personal apology to several tion activities for the recreational bor- is becoming more and more secure, or supporters of this legislation who ders along the border with the I–68. at least we are attempting to make it asked to be cosponsors of the bill, and, Additionally, if INS is willing to fore- more and more secure, and as a result much to my disappointment, were not go the face-to-face inspection require- pressures are being increased on other added. If there is one positive effect to ment for a $16 annual fee, it appears it borders for people to try to immigrate this revelation, it is that I did not ig- does not consider recreational boaters to this country illegally across other nore any one Member of Congress, I ex- as a major conduit for illegal aliens, borders. There have already been inci- cluded all of the potential cosponsors but rather as a source for additional dents of smugglers bringing illegal to the bill so as to not slight anyone. revenue. aliens into the U.S. through upstate Accordingly, I want to take a mo- The I–68 permit has caused an ad- New York, and while there have been ment to mention the champions of the verse economic impact in my district, no reported incidents of alien smug- boating public who serve in the House and I would suggest all of the districts gling on the Great Lakes, there have on both sides of the aisle and thank along the Great Lakes border. This has been innumerable instances of alcohol them for their efforts on this issue. I translated in my district to 6,000 less and tobacco products being smuggled want the record to reflect their cospon- boat trips and an economic loss of across the Great Lakes into Canada to sorship of H.R. 2027. about $2 million for each of the coun- avoid the steep Canadian excise taxes. They are the gentleman from Michi- tries involved in the destination spend- If we continue to relax the border on gan [Mr. BONIOR], who happens to be ing. the Great Lakes we may be setting the the cochairman of the Congressional With the counsel of the gentleman stage for an influx of illegal immi- Boating Caucus; the gentleman from from Texas, Chairman SMITH, and the September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7625 support of other members of the sub- to go on a pleasure ride aboard a permits, well, in 1995, when no fee was committee, we have crafted a bill that friend’s boat must first go to an immi- required, we had about 10,000 permits; we think crafts a good compromise. It gration office to complete the I–68 ap- in 1996, with that fee, about 1,000; 1,000 will give boaters an additional option plication and pay the required fee even percent more in 1995 than 1996. Who is to the I–68 without compromising the for a one-time recreational excursion adversely affected? American busi- security of the United States-Canadian that never stops in Canada. nesses along the border, where those border. This is crazy. This is crazy. So H.R. recreational boaters are not stopping. The bill will allow passengers on the 2027 would take a step in the right di- That is who is being hurt. vessel to utilize the U.S. passport, rection by exempting passengers who I believe that Congress should pro- which is the document we use to travel are U.S. citizens from the requirement vide direction to the INS by authoriz- all over the world, without paying an of obtaining an I–68 permit, but only if ing the Attorney General to eliminate additional fee. Thanks to Chairman they carry a U.S. passport. the fee, the way they did for 30-some SMITH’s wisdom, we have also included I have some difficulty with that, be- years. These fees act as a deterrent to a provision that there will be a report cause the passport requirement is un- boaters in obtaining the permit, par- sent to Congress that will evaluate the precedented with respect to the United ticularly in light of the fact that Can- effectiveness of our change and will States and Canada, and, in my judg- ada does not require such a fee for also sunset after a 1-year exploration ment, extremely impractical. We are entry. period. talking about friends who come up I again applaud the gentleman from Also I wanted to commend the INS. with their bathing suits and their chil- Ohio [Mr. LATOURETTE] for his excel- They are now engaged in a pilot pro- dren and they do not have passports to lent leadership on this, and I look for- gram where they have video phones in- go out on these recreational boats for a ward to working with the gentleman stalled in the district of the gentleman swim, to fish, et cetera. from North Carolina [Mr. WATT] and from New York [Mr. MCHUGH], and it is United States citizens have never the gentleman from Texas [Mr. SMITH] my hope that if we cannot eliminate ei- been required to carry a passport to re- as this bill proceeds and goes into con- ther the fee or the I–68, eventually we enter the United States from Canada. ference. can expand that pilot program to the Indeed, such a requirement would vio- Mr. LATOURETTE. Madam Speaker, ports of entry along the Great Lakes. late the specific intent of the United will the gentleman yield? Again I want to thank the gentleman States-Canada Accord on our shared Mr. LAFALCE. I yield to the gen- from Texas, Chairman SMITH, for his border to open and improve the flow of tleman from Ohio. cooperation and also the gentleman United States and Canadian citizens Mr. LATOURETTE. Madam Speaker, from North Carolina [Mr. WATT], the across the border. As a practical mat- I want to thank the gentleman from ranking member. ter, requiring recreational boaters and New York [Mr. LAFALCE] for his Madam Speaker, with the balance of their guests, many of them children, to thoughtful comments and suggestions. the time that I have been yielded, I carry a passport while boating, is quite I can assure the gentleman that I sup- would ask the gentleman from Ohio unrealistic. port both of the proposals to improve [Mr. TRAFICANT] if he has observations I understand they can have the I–68 the current I–68 program. The original he wanted to make? instead, but the INS enacted regula- legislation, as the gentleman knows, Mr. TRAFICANT. Madam Speaker, tions last week that attempt to sim- proposed exactly the gentleman’s will the gentleman yield? plify the process for obtaining these thoughts. However, in working through Mr. LATOURETTE. I yield to the permits for some boaters by allowing the legislative process with the sub- gentleman from Ohio. applications to be made by mail. Well, committee, it became apparent that Mr. TRAFICANT. Madam Speaker, I this is a welcome change, but it does such a proposal would not win the ap- appreciate that very much and your ef- not alleviate the problem for most proval of the committee and hence no forts. I was part of an effort to offer an guests because the initial application floor action. amendment last year that was ap- must still be made at an immigration I made it clear to our colleagues on proached but was finally dropped from office. the subcommittee that we hope the the bill that deals with this particular For these reasons, I hope the final study included in this bill would give issue. I would like to say that the argu- version of the bill will strike the pass- us evidence to come back and hopefully ments and positions presented in oppo- port requirement, and we never re- get rid of the fee and/or the I–68. I look sition by the gentleman from North quired a passport for Canada, while re- forward to working with the gen- Carolina [Mr. WATT] make a lot of taining the I–68 exemption for United tleman, and I thank him for his sense, and I hope before it is all over States citizen passengers. As this bill thoughts. some of those things will be worked provides, boat owners would still be re- Mr. SMITH of Texas. Madam Speak- out, because his position is very valid. quired to obtain a permit. er, I yield 3 minutes to the gentleman I want to commend him for the effort Now, a second, even stronger com- from Washington [Mr. METCALF]. he has made. We have an awful lot of plaint I hear from my constituents in- Mr. METCALF. Madam Speaker, I boaters up there and I believe there has volves the fee that the INS began want to take us on a short excursion been an undue hassle. Sometimes we charging for these permits in 1995. through the Second Congressional Dis- can cut through the red tape. Again, I am saying INS began charging trict of Washington State, one of the Mr. WATT of North Carolina. Madam fees in 1995. They did not charge fees most beautiful inland waterways in the Speaker, I yield 6 minutes to the gen- before. They never wanted to, they did world. With over 200 islands, give or tleman from New York [Mr. LAFALCE]. not, but in 1995, they looked at a law take a few, depending on the tide, it is Mr. LAFALCE. Madam Speaker, I and said we think this law requires us no wonder that the San Juan Islands support the purpose of this bill to to charge a fee. For 32 years they inter- and Northern Puget Sound have been make it easier for recreational boaters preted the law to say no fee is nec- called the boating capital of the world. to cross the waters between the United essary and will not charge one, because In fact, the San Juan Islands are al- States and Canada. Very often those the amount we raise is negligible. But ways ranked among the top tourist waters are as far from the one wall of for the past 2 years, because of this spots in the Northwest, and on any this Chamber to the other wall of this new interpretation of an old law, they given day in the summer months, thou- Chamber. It is important to understand have been charging $16 for individuals sands of boaters travel the inland wa- that. But I do think there are two and $32 for family permits. ters between Canada and the United modifications to the bill before us that We need to change the law so that States. I hope will be made in conference that they can operate in the future the way But today, Madam Speaker, the Im- could significantly improve the legisla- they did for 30-some years. How much migration and Naturalization Service tion. money have they raised per year by in their infinite wisdom has decided One of the main complaints I hear charging these fees? About $30,000. that this kind of boating needs much about the current I–68 program is that That is what we are talking about. It is more regulation. It is not enough that a United States citizen who is invited peanuts. But insofar as the number of American boaters must report to the H7626 CONGRESSIONAL RECORD — HOUSE September 23, 1997 Canadian authorities when they enter freely without inspection. I find it in- them. Many of my constituents vacation on the Canada and to customs agents when credible that we are now charging U.S. Great Lakes in the Upper Peninsula and fre- they return from Canada. Now they citizens for the simple act of reenter- quently cross over to the Canadian shore. By must procure a special form from the ing their own country. modernizing the I±68 permit requirement we INS called the I–68 form when they Furthermore, individuals must apply can ease the paperwork burdens on their trav- travel back and forth from United and pay for this form in person. This el as guests. I urge your support on this very States to Canada. This form must be in may not seem like such a hardship to narrowly tailored and practical bill. the possession of every member on other States, but in northern Michi- Mr. SMITH of Texas. Madam Speak- board the vessel at a cost of about $20 gan, this could mean at least an 8-hour er, I have no further requests for time, a head. drive for many of my constituents to and I yield back the balance of my I frankly do not think the INS knows the nearest INS office. time. exactly what it is getting into. For one This bill is simply an 18-month pilot The SPEAKER pro tempore (Mrs. thing, where is the money coming from program that reestablishes a system EMERSON). The question is on the mo- which will fund the hundreds of new that has worked well for years. I urge tion offered by the gentleman from INS agents that we are going to need my colleagues to support this legisla- Texas [Mr. SMITH] that the House sus- to enforce this outlandish regulation? tion and to restore a small sense of in- pend the rules and pass the bill, H.R. It will not raise that much money. Fi- tegrity to the Federal Government. 2027. nally, I do not think many of my con- Mr. SMITH of Texas. Madam Speak- The question was taken. stituents are excited about going er, I have no further speakers, and I Mr. CONDIT. Mr. Speaker, I object to through the bureaucratic nightmare, would hope the gentleman from North the vote on the ground that a quorum drive perhaps 100 miles to an INS facil- Carolina [Mr. WATT] would finish up is not present and make the point of ity, stand in line for possibly hours, with his speakers and we could pro- order that a quorum is not present. pay a $20 fee for a piece of paper that ceed. The SPEAKER pro tempore. Pursu- now gives them the OK by INS to trav- Mr. WATT of North Carolina. Madam ant to clause 5 of rule I and the Chair’s el into Canada and back. Speaker, I yield myself the balance of prior announcement, further proceed- Let me thank the gentleman from my time to just say in conclusion that ings on this motion will be postponed. Ohio [Mr. LATOURETTE] and the gen- this bill clearly is an improvement The point of no quorum is considered tleman from New York [Mr. LAFALCE] over similar legislation which passed withdrawn. for their work on this issue. Let us not the House on the Suspension Calendar f last year, but there is no escaping the further increase bureaucratic redtape JACOB WETTERLING CRIMES fact that the net effect of the bill is to at the border for law abiding citizens. AGAINST CHILDREN AND SEXU- further relax border security on the b 1545 ALLY VIOLENT OFFENDERS REG- Great Lakes. While I understand that ISTRATION IMPROVEMENTS ACT Let us get rid of one more Federal the current system may be inconven- OF 1997 form, the I–68. ient to Great Lakes boaters, I do not Mr. WATT of North Carolina. Madam believe that such inconvenience justi- Mr. MCCOLLUM. Mr. Speaker, I Speaker, I yield 2 minutes to the gen- fies any further relaxation of the bor- move to suspend the rules and pass the tleman from Michigan [Mr. STUPAK]. der along the Great Lakes, especially bill (H.R. 1683) to clarify the standards Mr. STUPAK. Madam Speaker, I at a time when the Congress and this for State sex offender registration pro- thank the gentleman for yielding me administration have increased efforts grams under the Jacob Wetterling this time. I would like to thank the to secure all of America’s borders Crimes Against Children and Sexually gentleman from Ohio [Mr. against illegal immigration and drug Violent Offender Registration Act, as LATOURETTE] for his leadership on this smuggling. amended. issue. Madam Speaker, I yield back the bal- The Clerk read as follows: Madam Speaker, I urge the passage ance of my time. H.R. 1683 of H.R. 2027. While not a perfect bill, it Mr. CONYERS. Mr. Speaker, I support this Be it enacted by the Senate and House of Rep- is a move in the right direction. This very narrow and time limited change to the resentatives of the United States of America in bill will establish a pilot program that law which will allow guests of boat owners Congress assembled, aims to prove that once again, while sailing on the Great Lakes to be exempted SECTION 1. SHORT TITLE. the Federal Government has good in- from the INS I±68 permit. The I±68, called the This Act may be cited as the ‘‘Jacob Wetterling Crimes Against Children and Sexu- tentions, its regulations can, at times, Canadian border boat landing permit, allows be overburdensome on American citi- ally Violent Offenders Registration Improve- boaters to travel to and from Canada without ments Act of 1997’’. zens. inspection for the entire summer boating sea- SEC. 2. STANDARDS FOR SEX OFFENDER REG- For years, recreational boaters were son. ISTRATION PROGRAMS. permitted to obtain form I–68 from the This bill will not exempt boat owners from I± (a) IN GENERAL.—Section 170101(a) of the Vio- Immigration and Naturalization Serv- 68 permit requirements. It will merely permit a lent Crime Control and Law Enforcement Act of ice, or INS, for free. This form allowed nonfamily member guest from having to apply 1994 (42 U.S.C. 14071(a)) is amended— the boaters to reenter the United for the I±68, paying $16 and waiting 2 weeks (1) in paragraph (1)— States without inspections on bodies of (A) in subparagraph (A), by striking ‘‘with a for the permit just to take a possible one time designated State law enforcement agency’’; and water along the Canadian border dur- recreational ride on a boat on the Great (B) in subparagraph (B), by striking ‘‘with a ing the navigation season. In the Great Lakes. Guests will still be required to have a designated State law enforcement agency’’; Lakes, Canadian waters can be as close U.S. passport. (2) by striking paragraph (2) and inserting the as a stone’s throw away. In fact, in my This bill is not a carte blanche opening of following: congressional district, which has more the Great Lake borders, it is tailored very nar- ‘‘(2) DETERMINATION OF SEXUALLY VIOLENT shoreline than any congressional dis- rowly. H.R. 2027 will sunset in December PREDATOR STATUS; WAIVER; ALTERNATIVE MEAS- trict except Alaska, and most of that 1998 and requires the Attorney General to URES.— ‘‘(A) IN GENERAL.—A determination of wheth- shoreline is with Canada, we want the make a report to Congress on the impact of er a person is a sexually violent predator for freedom to move back and forth with- the revised regulation. Therefore, next year, purposes of this section shall be made by a court out further interference and disruption INS will be able to ascertain whether this lim- after considering the recommendation of a board from the Federal Government. ited exemption has had any adverse impact composed of experts in the behavior and treat- Two years ago, the INS began charg- on illegal immigration or narcotics smuggling. ment of sex offenders, victims’ rights advocates, ing a fee for this form. What this all In the meantime, this small but important and representatives of law enforcement agen- boils down to is that American citizens change will enhance tourism on both sides of cies. are paying a new fee for the privilege of ‘‘(B) WAIVER.—The Attorney General may the border. waive the requirements of subparagraph (A) if reentering the United States. They are The Great Lakes provide great summer the Attorney General determines that the State not receiving services, because that recreation to many American citizens and Ca- has established alternative procedures or legal was the whole purpose of the form, to nadian nationals. In Detroit, we can see Wind- standards for designating a person as a sexually allow citizens to move back and forth sor, Canada, and share the Detroit River with violent predator. September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7627

‘‘(C) ALTERNATIVE MEASURES.—The Attorney procedures shall provide for verification of ad- (C) by amending subparagraph (C) to read as General may also approve alternative measures dress at least annually.’’; and follows: of comparable or greater effectiveness in protect- (B) by striking clauses (i) through (v); ‘‘(C) provides for verification of address at ing the public from unusually dangerous or (4) in paragraph (4), by striking ‘‘section re- least annually;’’. recidivistic sexual offenders in lieu of the spe- ported’’ and all that follows before the period at (g) PAM LYCHNER SEXUAL OFFENDER TRACK- cific measures set forth in this section regarding the end and inserting the following: ‘‘section ING AND IDENTIFICATION ACT OF 1996.—Section sexually violent predators.’’; and shall be reported by the person in the manner 10 of the Pam Lychner Sexual Offender Track- (3) in paragraph (3)— provided by State law. State procedures shall ing and Identification Act of 1996 is amended by (A) in subparagraph (A), by striking ‘‘that ensure that the updated address information is inserting at the end the following: consists of—’’ and inserting ‘‘in a range of of- promptly made available to a law enforcement ‘‘(d) EFFECTIVE DATE.—States shall be al- fenses specified by State law which is com- agency having jurisdiction where the person lowed the time specified in subsection (b) to es- parable to or which exceeds the following range will reside and entered into the appropriate tablish minimally sufficient sexual offender reg- of offenses:’’; State records or data system’’; istration programs for purposes of the amend- (B) in subparagraph (B), by striking ‘‘that (5) in paragraph (5), by striking ‘‘shall reg- ments made by section 2. Subsections (c) and (k) consists of’’ and inserting ‘‘in a range of of- ister’’ and all that follows before the period at of section 170102 of the Violent Crime Control fenses specified by State law which is com- the end and inserting ‘‘and who moves to an- and Law Enforcement Act of 1994, and any re- parable to or which exceeds the range of of- other State, shall report the change of address quirement to issue related regulations, shall fenses encompassed by’’; and to the responsible agency in the State the person take effect at the conclusion of the time pro- (4) by adding at the end the following: is leaving, and shall comply with any registra- vided under this subsection for the establish- ‘‘(F) The term ‘employed, carries on a voca- tion requirement in the new State of residence. ment of minimally sufficient sexual offender reg- tion’ includes employment that is full-time or The procedures of the State the person is leav- istration programs.’’. part-time for a period of time exceeding 14 days ing shall ensure that notice is provided promptly (h) FEDERAL OFFENDERS AND MILITARY PER- or for an aggregate period of time exceeding 30 to an agency responsible for registration in the SONNEL.—(1) Section 4042 of title 18, United days during any calendar year, whether finan- new State, if that State requires registration’’; States Code, is amended— cially compensated, volunteered, or for the pur- and (A) in subsection (a)(5), by striking ‘‘sub- pose of government or educational benefit; and (6) by adding at the end the following: section (b)’’ and inserting ‘‘subsections (b) and ‘‘(G) The term ‘student’ means a person who ‘‘(7) REGISTRATION OF OUT-OF-STATE OFFEND- (c)’’; is enrolled on a full-time or part-time basis, in ERS, FEDERAL OFFENDERS, PERSONS SENTENCED (B) in subsection (b), by striking paragraph any public or private educational institution, BY COURTS MARTIAL, AND OFFENDERS CROSSING (4); including any secondary school, trade, or pro- STATE BORDERS.—As provided in guidelines is- (C) by redesignating subsection (c) as sub- fessional institution, or institution of higher sued by the Attorney General, each State shall section (d); and education.’’. ensure that procedures are in place to accept (D) by inserting after subsection (b) the fol- (b) REQUIREMENTS UPON RELEASE, PAROLE, registration information from— lowing: SUPERVISED RELEASE, OR PROBATION.—Section ‘‘(A) persons who were convicted in another ‘‘(c) NOTICE OF SEX OFFENDER RELEASE.—(1) 170101(b) of the Violent Crime Control and Law State, convicted of a Federal offense, or sen- In the case of a person described in paragraph Enforcement Act of 1994 (42 U.S.C. 14071(b)) is tenced by a court martial; and (4) who is released from prison or sentenced to amended— ‘‘(B) nonresident offenders who have crossed probation, notice shall be provided to— (1) in paragraph (1)— into another State in order to work or attend ‘‘(A) the chief law enforcement officer of the (A) by striking the paragraph designation and school.’’. State and of the local jurisdiction in which the heading and inserting the following: (c) REGISTRATION OF OFFENDER CROSSING person will reside; and ‘‘(1) DUTIES OF RESPONSIBLE OFFICIALS.—’’; STATE BORDER.—Section 170101 of the Violent ‘‘(B) a State or local agency responsible for (B) in subparagraph (A)— Crime Control and Law Enforcement Act of 1994 the receipt or maintenance of sex offender reg- (i) in the matter preceding clause (i), by strik- (42 U.S.C. 14071(c)) is amended by redesignating istration information in the State or local juris- ing ‘‘or in the case of probation, the court’’ and subsections (c) through (f) as (d) through (g), diction in which the person will reside. inserting ‘‘the court, or another responsible offi- respectively, and inserting after subsection (b) cer or official’’; the following: The notice requirements under this subsection (ii) in clause (ii), by striking ‘‘give’’ and all ‘‘(c) REGISTRATION OF OFFENDER CROSSING do not apply in relation to a person being pro- that follows before the semicolon and inserting STATE BORDER.—Any person who is required tected under chapter 224. ‘‘report the change of address as provided by under this section to register in the State in ‘‘(2) Notice provided under paragraph (1) State law’’; and which such person resides shall also register in shall include the information described in sub- (iii) in clause (iii), by striking ‘‘shall register’’ any State in which the person is employed, car- section (b)(2), the place where the person will and all that follows before the semicolon and in- ries on a vocation, or is a student.’’. reside, and the information that the person serting ‘‘shall report the change of address as (d) RELEASE OF INFORMATION.—Section shall be subject to a registration requirement as provided by State law and comply with any reg- 170101(e)(2) of the Violent Crime Control and a sex offender. For a person who is released istration requirement in the new State of resi- Law Enforcement Act of 1994 (42 U.S.C. from the custody of the Bureau of Prisons dence, and inform the person that the person 14071(e)(2)), as redesignated by subsection (c) of whose expected place of residence following re- must also register in a State where the person is this section, is amended by striking ‘‘The des- lease is known to the Bureau of Prisons, notice employed, carries on a vocation, or is a stu- ignated’’ and all that follows through ‘‘State shall be provided at least 5 days prior to release dent’’; and agency’’ and inserting ‘‘The State or any agen- by the Director of the Bureau of Prisons. For a (C) in subparagraph (B), by striking ‘‘or the cy authorized by the State’’. person who is sentenced to probation, notice court’’ and inserting ‘‘, the court, or another re- (e) IMMUNITY FOR GOOD FAITH CONDUCT.— shall be provided promptly by the probation of- sponsible officer or official’’; Section 170101(f) of the Violent Crime Control ficer responsible for the supervision of the per- (2) by striking paragraph (2) and inserting the and Law Enforcement Act of 1994 (42 U.S.C. son, or in a manner specified by the Director of following: 14071(f)), as redesignated by subsection (c) of the Administrative Office of the United States ‘‘(2) TRANSFER OF INFORMATION TO STATE AND this section, is amended by striking ‘‘, and State Courts. Notice concerning a subsequent change FBI; PARTICIPATION IN NATIONAL SEX OFFENDER officials’’ and inserting ‘‘and independent con- of residence by a person described in paragraph REGISTRY.— tractors acting at the direction of such agencies, (4) during any period of probation, supervised ‘‘(A) STATE REPORTING.—State procedures and State officials’’. release, or parole shall also be provided to the shall ensure that the registration information is (f) FBI REGISTRATION.—(1) Section agencies and officers specified in paragraph (1) promptly made available to a law enforcement 170102(a)(2) of the Violent Crime Control and by the probation officer responsible for the su- agency having jurisdiction where the person ex- Law Enforcement Act of 1994 (42 U.S.C. pervision of the person, or in a manner specified pects to reside and entered into the appropriate 14072(a)(2)) is amended by striking ‘‘and ‘preda- by the Director of the Administrative Office of State records or data system. State procedures tory’ ’’ and inserting the following: ‘‘ ‘preda- the United States Courts. shall also ensure that conviction data and fin- tory’, ‘employed, or carries on a vocation’, and ‘‘(3) The Director of the Bureau of Prisons gerprints for persons required to register are ‘student’ ’’. shall inform a person described in paragraph (4) promptly transmitted to the Federal Bureau of (2) Section 170102(a)(3) of the Violent Crime who is released from prison that the person Investigation. Control and Law Enforcement Act of 1994 (42 shall be subject to a registration requirement as ‘‘(B) NATIONAL REPORTING.—A State shall U.S.C. 14072(a)(3)) is amended— a sex offender in any State in which the person participate in the national database established (A) in subparagraph (A), by inserting ‘‘in a resides, is employed, carries on a vocation, or is under section 170102(b) in accordance with range of offenses specified by State law which is a student (as such terms are defined for pur- guidelines issued by the Attorney General, in- comparable to or exceeds that’’ before ‘‘de- poses of section 170101(a)(3) of the Violent Crime cluding transmission of current address infor- scribed’’; Control and Law Enforcement Act of 1994), and mation and other information on registrants to (B) by amending subparagraph (B) to read as the same information shall be provided to a per- the extent provided by the guidelines.’’; follows: son described in paragraph (4) who is sentenced (3) in paragraph (3)(A)— ‘‘(B) participates in the national database es- to probation by the probation officer responsible (A) in the matter preceding clause (i), by tablished under subsection (b) of this section in for supervision of the person or in a manner striking ‘‘on each’’ and all that follows through conformity with guidelines issued by the Attor- specified by the Director of the Administrative ‘‘applies:’’ and inserting the following: ‘‘State ney General;’’; and Office of the United States Courts. H7628 CONGRESSIONAL RECORD — HOUSE September 23, 1997 ‘‘(4) A person is described in this paragraph if other conduct as the Secretary deems appro- which to revise and extend their re- the person was convicted of any of the following priate for inclusion for purposes of this para- marks on the bill now under consider- offenses (including such an offense prosecuted graph. ation. pursuant to section 1152 or 1153): (B) In relation to persons sentenced by a court The SPEAKER pro tempore. Is there ‘‘(A) An offense under section 1201 involving martial for conduct in the categories specified a minor victim. under subparagraph (A), the Secretary shall objection to the request of the gen- ‘‘(B) An offense under chapter 109A. prescribe procedures and implement a system tleman from Florida? ‘‘(C) An offense under chapter 110. to— There was no objection. ‘‘(D) An offense under chapter 117. (i) provide notice concerning the release from Mr. McCOLLUM. Madam Speaker, I ‘‘(E) Any other offense designated by the At- confinement or sentencing of such persons; yield myself such time as I may torney General as a sexual offense for purposes (ii) inform such persons concerning registra- consume. of this subsection. tion obligations; and The Jacob Wetterling Crimes Against ‘‘(5) The United States and its agencies, offi- (iii) track and ensure compliance with reg- Children and Sexually Violent Offender cers, and employees shall be immune from liabil- istration requirements by such persons during ity based on good faith conduct in carrying out any period of parole, probation, or other condi- Registration Improvements Act of 1997 this subsection and subsection (b).’’. tional release or supervision related to the of- builds upon previous efforts of Con- (2)(A) Section 3563(a) of title 18, United States fense. gress to establish a system to keep Code, is amended by striking the matter at the (C) The procedures and requirements estab- track of convicted sex offenders and to end of paragraph (7) beginning with ‘‘The re- lished by the Secretary under this paragraph notify communities of their presence. sults of a drug test’’ and all that follows shall, to the maximum extent practicable, be This bill will substantially strengthen through the end of such paragraph and insert- consistent with those specified for Federal of- the sex offender registration programs ing that matter at the end of section 3563. fenders under the amendments made by para- in our States, commonly referred to as (B) The matter inserted by subparagraph (A) graphs (1) and (2). at the end of section 3563 is amended— (D) If a person within the scope of this para- ‘‘Megan’s law,’’ and close several loop- (i) by striking ‘‘The results of a drug test’’ graph is confined in a facility under the control holes which currently allow convicted and inserting the following: of the Bureau of Prisons at the time of release, sex offenders to avoid registering their ‘‘(e) RESULTS OF DRUG TESTING.—The results the Bureau of Prisons shall provide notice of re- whereabouts with local law enforce- of a drug test’’; and lease and inform the person concerning registra- ment. (ii) by striking ‘‘paragraph (4)’’ each place it tion obligations under the procedures specified In the 1994 crime bill, Congress estab- appears and inserting ‘‘subsection (a)(5)’’. in section 4042(c) of title 18, United States Code. lished the Jacob Wetterling Crimes (C) Section 3563(a) of title 18, United States (i) PROTECTED WITNESS REGISTRATION.—Sec- Against Children and Sexually Violent Code, is amended— tion 3521(b)(1) of title 18, United States Code, is (i) so that paragraphs (6) and (7) appear in amended— Offender Registration Act. This act numerical order immediately after paragraph (1) by striking ‘‘and’’ at the end of subpara- contained guidelines for the States to (5); graph (G); set up sex offender registration pro- (ii) by striking ‘‘and’’ at the end of paragraph (2) by redesignating subparagraph (H) as sub- grams. Currently, all 50 States and the (6); paragraph (I); and District of Columbia have established (iii) in paragraph (7), by striking ‘‘assess- (3) by inserting after subparagraph (G) the such registration programs. These reg- ments.’’ and inserting ‘‘assessments; and’’; and following: (iv) by inserting immediately after paragraph ‘‘(H) protect the confidentiality of the identity istries provide an invaluable law en- (7) (as moved by clause (i)) the following new and location of persons subject to registration forcement tool by providing quick ac- paragraph: requirements as convicted offenders under Fed- cess to computerized information on ‘‘(8) for a person described in section eral or State law, including prescribing alter- sex offenders living nearby. Just this 4042(c)(4), that the person report the address native procedures to those otherwise provided by year, the President signed Megan’s law, where the person will reside and any subsequent Federal or State law for registration and track- and the Pam Lychner National Sexual change of residence to the probation officer re- ing of such persons; and’’. Offender Tracking Identification Act sponsible for supervision, and that the person SEC. 3. SENSE OF CONGRESS AND REPORT RE- into law, two bills which strengthen register in any State where the person resides, is LATING TO STALKING LAWS. the community notification laws with employed, carries on a vocation, or is a student (a) SENSE OF CONGRESS.—It is the sense of (as such terms are defined under section Congress that each State should have in effect regard to registered sex offenders and 170101(a)(3) of the Violent Crime Control and a law that makes it a crime to stalk any individ- provided law enforcement the tools to Law Enforcement Act of 1994).’’. ual, especially children, without requiring that keep track of sex offenders who move (D) Section 3583(d) of title 18, United States such individual be physically harmed or ab- from State to State. Code, is amended by inserting after the second ducted before a stalker is restrained or pun- The States have taken this issue sentence the following: ‘‘The court shall order, ished. quite seriously and should be com- as an explicit condition of supervised release for (b) REPORT.—The Attorney General shall in- mended, but despite these efforts, some a person described in section 4042(c)(4), that the clude in an annual report under section 40610 of person report the address where the person will the Violent Crime Control and Law Enforcement child sex offenders are slipping through reside and any subsequent change of residence Act of 1994 (42 U.S.C. 14039) information con- the cracks. It is well recognized that to the probation officer responsible for super- cerning existing or proposed State laws and pen- sexual predators are remarkably clever vision, and that the person register in any State alties for stalking crimes against children. and persistently transient. These of- where the person resides, is employed, carries on SEC. 4. EFFECTIVE DATE. fenders are not confined within State a vocation, or is a student (as such terms are de- This Act shall take effect on the date of the lines, and neither should our efforts to fined under section 170101(a)(3) of the Violent enactment of this Act, except that— keep track of them, which brings us to Crime Control and Law Enforcement Act of (1) paragraphs (1), (2), and (3) of section 2(h) the purpose of today’s bill. 1994).’’. shall take effect 1 year after the date of the en- (E) Section 4209(a) of title 18, United States In consultation with State and local actment of this Act; and law enforcement and the National Cen- Code, insofar as such section remains in effect (2) States shall have 3 years from such date of with respect to certain individuals, is amended enactment to implement amendments made by ter for Missing and Exploited Children, by inserting after the first sentence the follow- this Act which impose new requirements under we have developed this very important ing: ‘‘In every case, the Commission shall impose the Jacob Wetterling Crimes Against Children piece of legislation which will as a condition of parole for a person described and Sexually Violent Offender Registration Act, strengthen the Jacob Wetterling Act, in section 4042(c)(4), that the parolee report the and the Attorney General may grant an addi- in addition to providing more flexibil- address where the parolee will reside and any tional 2 years to a State that is making good ity to the States as they implement subsequent change of residence to the probation faith efforts to implement these amendments. officer responsible for supervision, and that the their own sex offender registration pro- parolee register in any State where the parolee The SPEAKER pro tempore. Pursu- gram. H.R. 1683 will make three pri- resides, is employed, carries on a vocation, or is ant to the rule, the gentleman from mary improvements: a student (as such terms are defined under sec- Florida [Mr. MCCOLLUM] and the gen- First, this bill will require offenders tion 170101(a)(3) of the Violent Crime Control tlewoman from Texas [Ms. JACKSON- convicted under Federal or military and Law Enforcement Act of 1994).’’. LEE] each will control 20 minutes. law of certain sex offenses to register (3)(A) The Secretary of Defense shall specify The Chair recognizes the gentleman in the State in which they reside. Con- categories of conduct punishable under the Uni- from Florida [Mr. MCCOLLUM]. victed military personnel will be re- form Code of Military Justice which encompass a range of conduct comparable to that described GENERAL LEAVE quired to register in the State in which in section 170101(a)(3)(A) and (B) of the Violent Mr. MCCOLLUM. Madam Speaker, I they reside and the State in which they Crime Control and Law Enforcement Act of 1994 ask unanimous consent that all Mem- are permanently assigned, if applica- (42 U.S.C. 14071(a)(3)(A) and (B)), and such bers may have 5 legislative days within ble. It is important to note that this September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7629 bill does not establish a Federal reg- justice grant funds. States which do persons who have been convicted of istry system, nor does it require States not are denied access to these funds. sexual acts against our children. How- to pass new laws. It does require Fed- This act specifies in considerable detail ever, this has absolutely nothing to do eral offenders to register under already what the State must do to operate its with generally predatory offenses, such existing State programs. Convicted sex program, and administering the act has as rape and child molestation. offenders in the Federal system may be proved to be complex and difficult. At the Committee on the Judiciary just as dangerous as offenders in all of H.R. 1683 is intended to remedy cer- markup of H.R. 1683, the gentleman our States. We must keep track and tain of these difficulties. H.R. 1683 is from New York [Mr. SCHUMER] offered notify communities of their where- deficient, however, in that it fails to an amendment that would have added abouts. address the danger of the unjust appli- another condition to the listing of re- Second, this bill will also apply to of- cation of sex offender registration quirements that States must obey fenders crossing State borders. Offend- laws, a danger which has become ap- under the Wetterling law. States would ers are required to register in the State parent in the 3 years since the Jacob be prohibited from requiring someone in which they reside and the States in Wetterling Act became law. It forces to register as a sex offender solely on which they are employed, or are en- the Federal Government to intrude in the basis of a conviction for consensual rolled in school, if applicable. State the local jurisdiction and governments adult sex of which the State would find and local law enforcement agencies of certain States, by requiring registra- illegal. As we all know, such statutes have struggled with numerous serial tion for acts not related to children. have been used to persecute individuals rapes in which offenders worked or H.R. 1683 does nothing to prevent due to homophobic attitudes. There- went to school in a bordering State and States from forcing individuals con- fore, it is unfair to further victimize were able to commit crimes in these victed of consensual adult sex or simi- them under this law. nearby communities, free from the reg- lar offenses to register as sexual of- States that require this are lumping istration requirements of the State in fenders. This is a glaring deficiency homosexuals together with rapists and which they were convicted. and takes away from the chief issue child molesters. That, I think for all of Third, this bill will provide more that we are concerned with, the acts of us who understand that there are flexibility to States as they implement sexual violence against our children rights of privacy under constitutional their own registration programs, in ad- and others. We want to protect women law, is offensive, and certainly not dition to providing more time to come against rape and other sexual abuses what this Congress intended to do with into compliance with registration re- and violence, and we certainly want to the Wetterling program. quirements imposed by sex offenders effect an impact on our children. Again, Madam Speaker, I applaud registry legislation passed last fall. I have, over the years of my tenure in this legislation. I celebrate it for what The original 1994 act was written in this Congress, Madam Speaker, sup- it does for the children of America, for such detailed language that some ported vigorously registration legisla- it protects our children and attempts States have struggled to understand tion that deals with the idea of pro- to protect our children even further the intent of Congress. Moreover, some tecting our communities and neighbor- from these malicious, inherently vi- States have come up with better, more hoods from a sexual predator against cious child predators who move from creative ways to implement the act, our children and certainly against State to State. women from moving from one State to and therefore, it is the purpose of this b 1600 bill to provide States with the freedom the next. I fully believe that we should to implement these improvements. not wake up one morning and find next How many of us have cried tears of Last, the Jacob Wetterling Improve- door a child molester, and let me go on frustration of trying to prevent such ments Act addresses an issue which has record by saying, we in Texas, and par- terrible tragedies. So I ask in particu- been very important to the citizens of ticularly in the Houston area, have lar that we consider recognizing the my State of Florida, and I am sure been bombarded by tragic incidences of violation of personal individual rights many other States as well, that of the abduction of children or the rape as it relates to adults and consensual child stalking. The Florida State Leg- and molestation of children in our sex as not to violate the spirit of this islature just passed the Jennifer Act, community. legislation. which punishes individuals who stalk So I like the original intent of this Let me also acknowledge that this children. This bill is intended to legislation, to protect victims, many legislation pays tribute to Pam Lynch- heighten awareness of this issue by re- times women and children, against sex er, who tragically lost her life in TWA quiring the Department of Justice to crimes. This act was designed to pro- 800, who was a leading spokesperson in submit to Congress a report describing tect the community and particularly the organization, Justice for All, she existing State laws with regard to young children from violence at the always worked to oppose the vicious- child stalking. This provision, along hands of sexual offenders. The registra- ness of those who would travel from with provisions which will signifi- tion requirements were aimed at those State to State to State to perpetrate cantly improve the Jacob Wetterling with a history of, and therefore a pre- violent acts against children as it re- Act of 1994, will serve as an effective sumed propensity for, the forcible vic- lates to sex crimes and other violent law enforcement tool to better protect timization of others. However, in at crimes. We thank her for that. Americans from sexual victimization. I least four States, Kansas, Louisiana, Madam Speaker, the Committee on urge my colleagues to support this bill. Mississippi, and South Carolina, people the Judiciary members who took ex- Madam Speaker, I reserve the bal- with convictions for consensual adult ception to the provision regarding con- ance of my time. sex, which form thereof violates State sensual sex were responded to by mem- Ms. JACKSON-LEE of Texas. Madam laws, are being forced to register with bers of the Committee on the Judiciary Speaker, I yield myself such time as I the police as sexual offenders. that this would inject the Federal Gov- may consume. This is unfair and discriminatory and ernment into decisions made by States. Madam Speaker, I rise today to share also violates individual privacy rights. We know that that is a ludicrous ar- my approval, and yet my concerns, The act was never intended to encom- gument, primarily because we are in- concerning H.R. 1683, the Jacob pass such individuals, and there is no jecting ourselves already, and I am Wetterling Crimes Against Children reason whatsoever to think that indi- happy to inject us when it comes to and Sexually Violent Offender Reg- viduals convicted of these so-called of- protecting children, women and others istration Improvements Act of 1997. fenses pose any danger to the commu- against violate sexual crimes. As I In 1994, Congress enacted this legisla- nity. Their crimes involve no force or said, I will be at the front of the line on tion, the Jacob Wetterling Crimes threat of force, nor do they involve any of these occasions. The act itself Against Children and Sexually Violent adults having sex with children. already imposes a multitude of require- Offender Registration Act, which en- I can assure my colleagues, I stand at ments on the States. courages States to operate sex offender the front door and at the front of the Might I add that I want to have as registration programs. States which line to block any sort of legislation many States as possible be able to ac- operate such programs receive criminal which would deny us the right to track cess these funds. I hope the chairman H7630 CONGRESSIONAL RECORD — HOUSE September 23, 1997 will review ways that we can help courage all of my colleagues to con- the Schmidts, whose daughter Steph- make it simpler for States to respond sider cosponsoring it. anie was murdered. so they can get the money. I want to Winston Churchill once said, ‘‘Never I know we would all like to think make sure that everyone who is able to give in; never give in; never, never, this kind of thing happens in other do so is not distracted by the complex- never, never—in nothing great or places, to other people’s children in ity of the reporting requirements. small, large or petty—never give in ex- other parts of the country, but no com- Therefore, we already intrude upon cept to convictions of honor.’’ These munity is immune from violence. the States as it relates to burdens. In are fitting words for Patty Wetterling, Stephanie Schmidt was a beautiful fact, the act contains four pages of Chairman MCCOLLUM, and everyone young woman who was violently mur- dense statutory language telling States who works tirelessly to protect Ameri- dered by a coworker in 1993. Her par- how to operate their programs. The ca’s children. I am proud to be an origi- ents, my constituents, Gene and Peggy amendment simply would have added nal cosponsor of H.R. 1683, and I urge Schmidt, have made it their life’s work one additional requirement to these my colleagues to vote for it. to make sure that other families are pages and pages of requirements. Mr. MCCOLLUM. Madam Speaker, I spared the grief they so well know. Mr. Speaker, Congress cannot pos- yield 2 minutes to the gentleman from There is something we can do to help sibly intend for the Jacob Wetterling Florida [Mr. FOLEY]. solve this problem. That is why I have Act, an outstanding piece of legislation Mr. FOLEY. Madam Speaker, I rise been a consistent supporter of commu- as it relates to children and those in strong support of this bill. I com- nity notification statutes. It is my abused by violent sexual acts, to cover mend our chairman, the gentleman hope that this information, used re- individuals, adults, engaged in consen- from Florida [Mr. MCCOLLUM] for initi- sponsibly, will keep dangerous sex of- sual sexual activity. Therefore, it is ating it. He has been a leader in these fenders away from potential victims. our responsibility hopefully to work types of initiatives, and they are very, Specifically, this act’s provisions will together to ensure that this not happen very important in protecting our chil- require that sex offenders who work or in this critically important legislation, dren. go to school in a State other than the that could do damage to what we in- Madam Speaker, this legislation pro- State in which they reside will be re- tend to do. vides additional strength to the criti- quired to register in those other With that, Madam Speaker, I would cal measures we have enacted in the States. This is especially important to conclude by saying ‘‘Hurrah’’ for the past, most significantly, Megan’s Law, the families of the Kansas City area, children of America, and yet we must to protect the children of our Nation which is a major metropolitan area also recognize that we must address against violent sexual predators. One that straddles the State line. the constitutional rights of other indi- of its main goals is to ensure that ev- I would like to thank Chairman CCOLLUM and my distinguished col- viduals in this country. eryone convicted of violent sexual M Madam Speaker, I reserve the bal- crimes is required to register in the leagues from the other side of the aisle ance of my time. places in which they live and work so for leading this fight. Today as we pass these important changes to the Jacob Mr. MCCOLLUM. Madam Speaker, I that their whereabouts are known. yield 2 minutes to the gentleman from The community notification that we Wetterling Act and Megan’s Law, I will think of Stephanie Schmidt and hope Minnesota [Mr. GUTKNECHT]. provided last year under Megan’s Law Mr. GUTKNECHT. Madam Speaker, I is only as good as the sex offender reg- that what we do today will help pre- thank the gentleman for yielding time istrations that have been set up in each vent another tragedy. Ms. JACKSON LEE of Texas. Madam to me. State now. If those registries do not Speaker, I yield 2 minutes to my dis- Madam Speaker, in our discussions have complete information on the tinguished colleague, the gentleman today it is important to remember the whereabouts of sexual predators, then from Texas [Mr. LAMPSON], who is boy behind the bill. Eleven-year-old our attempts to keep track of those chairman of the caucus for missing and Jacob Wetterling was kidnapped at who will continue to prey on young exploited children. gunpoint in rural Minnesota on Octo- children will be flawed. Mr. LAMPSON. Madam Speaker, I ber 22, 1989. He is still missing. All of Madam Speaker, John Walsh of Fox thank the gentlewoman from Houston, us hope and pray for his safe return. TV’s America’s Most Wanted said that Texas, for yielding time to me, and for I was a member of the Minnesota in his show he has helped capture 64 her good and gracious work on this State Legislature when we passed an child molesters in one 6-month period. bill. early version of the Wetterling Act in Over half of them were people who had As chairman of the congressional 1991. In 1994 Congress recognized the worked with children. Sixty-four peo- missing and exploited children’s cau- importance of this idea, and required ple, child molesters, caught in a 6- cus, I rise in strong support of the all States to register the addresses of month period; over half of them had Jacob Wetterling Crimes Against Chil- convicted kidnappers or child sex of- worked with children. dren and Sexually Violent Offender fenders. Last year we passed Megan’s Parents and families have a right to Registration Improvement Act of 1997. Law to notify communities when one know if those living near their children I congratulate and thank the gen- of these people moves into the neigh- or working with their children are con- tleman from Florida [Mr. MCCOLLUM] borhood. victed violent sexual offenders who for his work on this bill. While every State now requires reg- have victimized children. They cannot Scientific studies have shown that istration of child sex offenders, many know this unless we have strong reg- those who commit acts of sexual vio- community notification programs have istration and notification laws that lence against children have the highest been stalled by legal challenges and provide that information. rate of recidivism among all criminals confusion as to what plan would be Madam Speaker, I cosponsored and crimes. In fact, the typical of- most effective. Because of this, it is un- Megan’s Law, and I am cosponsoring fender molests an average of 117 chil- clear how many States are fully follow- this bill to strengthen Megan’s Law for dren, most of whom never report the ing the Wetterling Act requirements. the sake of the children it is designed offense. These are innocent children H.R. 1683 gives the States much needed to serve and to save. being preyed upon by devious and sick flexibility as they seek to comply with Mr. MCCOLLUM. Madam Speaker, I individuals. this law. yield 2 minutes to the gentleman from The legislation before the House will To help States even further, 31 of my Kansas [Mr. SNOWBARGER]. widen the net that registers these pred- colleagues, and I want to especially Mr. SNOWBARGER. Madam Speaker, ators. Megan’s Law mandated registra- thank my colleague, the gentleman I rise today to urge my colleagues to tion, and through this bill we will close from Texas [Mr. LAMPSON], have joined support this violent offender registra- loopholes in making sure that every me in cosponsoring and introducing tion proposal. For the last several sexual predator is on the books when- House Concurrent Resolution 125, years I have been working on similar ever and wherever they relocate in this which provides the States with a model legislation, first in the Kansas legisla- country, regardless of the original ju- community notification program that ture and now here in Congress. I was risdiction in which they were con- they can follow if they choose. I en- encouraged in this effort by my friends, victed. September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7631 Is this unfortunate? Yes. Is it nec- years old. We have not heard from Jacob States on notice that this is a very critical gap essary? Absolutely. The statistics since his abduction, but we continue to pray in their criminal codes that needs to be cor- speak for themselves. The memories of for his safe return and for the safe return of rected. To this end, H.R. 1683 requires that Jacob Wetterling, Megan Kanka, Laura hundreds of children stolen from their families. the attorney general survey and publish cur- Smither, and hundreds of other victims Jacob's incredible mother, Patty Wetterling, rent or proposed State laws, which concern of senseless abuse cry out for every has become a tireless advocate for protecting the criminal elements and penalties for stalk- possible protection we are able to offer. children. Patty and her husband, Jerry, formed ing against children. In this way, States will be Madam Speaker, I have taken to the the Jacob Wetterling Foundation, which pro- required to examine the state of their floor of the House twice this year to re- motes child safety and responds to child ab- antistalking laws and Congress will oversee port the abduction of young girls in my ductions. With Patty's help, we were able to their efforts. district. It is my hope that by speaking enact the 1994 Wetterling Act. With her help, This is the first step toward making the ef- on behalf of legislation like this, I will we are building stronger child protection laws fective deterrence of child stalking a Federal never be faced with that sad duty every day. priority. Accordingly, I will work to ensure that again. So I urge strong support for H.R. H.R. 1683 builds on the foundation of the the Jennifer Act becomes the national model 1683. 1994 Jacob Wetterling Act, and applies the for State action. Ms. JACKSON-LEE of Texas. Madam Wetterling requirements to offenders convicted Mr. CUNNINGHAM. Mr. Speaker, I am a Speaker, I yield myself such time as I under Federal or military law. In addition, it will proud original cosponsor of H.R. 1683. And I may consume. give the FBI access to state sex offender reg- am delighted to support this bipartisan, bi- Madam Speaker, I would like to istries and allow the U.S. Marshals Service to cameral legislation today. thank the committee and the chairman monitor offenders enrolled in the Federal Wit- This bill is based on us listening to citizens for the hard work they have put into ness Protection Program. This bill will also and law enforcement, to see what can work this effort. I think by the expressions give additional flexibility to states to help them best to protect children and communities from being made, so many of us can recount establish effective offender registration pro- violent predators. the tragedies of children in our com- grams. What we heard, is that it is time for the law munity being dragged away from the Just a few months ago, I stood with Patty to take the side of innocent citizens and vic- safety and sanctity of their home and Wetterling, Ernie Allen of the National Center tims of crime, and to crack down on criminals, school and as a vicious sexual attack is for Missing and Exploited Children, the other especially sex offenders and people who com- perpetrated upon them. sponsors of H.R. 1683 when we introduced mit crimes against children. We certainly stand in support of the bill during Child Safety Week. I am grateful Congress developed the Wetterling Act to moving forward to assist in creating an to all these peopleÐand particularly Mr. create a sex offender registry. I was proud to atmosphere where not one tree leaf or MCCOLLUM, the bill's sponsor and chair of the help develop Megan's law, to create commu- not one cover can keep us away from Crime SubcommitteeÐfor helping to move this nity notification of certain sex offenders and spotting a malicious child molester or important legislation so quickly through the enable citizens to protect themselves against sexual predator. I hope as we proceed, process. criminals. Now, we are making the Wetterling I look forward to continued progress toward as well, that we will consider some of Act and Megan's law better for communities, ending the tragedy of stolen childhoods and the concerns that I have expressed. I better for law enforcement, better for citizens making American communities safer places to think in the course of reconciliation and children and victims of crime, and a lot grow up. and the understanding of this issue of worse for criminals. Mr. DIAZ-BALART. Mr. Speaker, I rise in H.R. 1683 closes loopholes relating to sex individual rights, certainly those con- strong support for the Jacob Wetterling Crimes offenders who are Federal criminals, military cerns should be addressed. Against Children and Sexually Violent Offend- personnel, and people who live in one state Needless to say, I thank the chair- ers Registration Improvements Act of 1997 and work or study in another. It helps us ob- man of the committee and thank Mem- (H.R. 1683). I would like to commend the Sub- tain more information from the States on their bers who, unanimously, agree that committee on Crime and its chairman, Mr. laws that combat the stalking of juveniles. It children in this country must be pro- MCCOLLUM, for bringing forth this meritorious gives states more flexibility to implement the tected and sexual predators must be legislation and for working to ensure that law law, to make registration of these criminals targeted and must be eliminated from enforcement agencies have the tools needed work better for everyone. And it provides pro- our communities and made never to to protect our children from any and all dan- tection from liability of those who work in good perpetrate their violent act again on gerous individuals who would harm them or faith with law enforcement on criminal registra- our innocent children and citizens in threaten their safety. tion and community notification. this country. That is why this bill de- Of particular importance is the need for In the flight against crime, it's time for us to serves our consideration. tough laws to combat child stalking. Florida fight for the victims and the law-abiding citi- Mr. MCCOLLUM. Madam Speaker, I has taken the lead in this respect. H.R. 1683 zens, and against the criminals. That's what yield myself such time as I may acknowledges the worthy initiative taken by we will do today, by enacting H.R. 1683. consume. the State of Florida in its successful imple- I thank Chairman MCCOLLUM and Chairman Madam Speaker, I simply want to mentation of the Jennifer Act (Fla. Stat. Sec. HYDE for their leadership in moving this bill. thank the gentlewoman from Texas 784.048). The Jennifer Act designates the And I also want to recognize Congresswoman [Ms. JACKSON-LEE] for her cooperation stalking of a child under the age of 16 as a DUNN and Congressman DEAL, for their long- in this matter, and note the fact that third degree felony. The act provides that a standing hard work on this issue. each of the speakers today on this leg- person who willfully, maliciously, and repeat- I encourage my colleagues to support H.R. islation was an original cosponsor of edly follows or harasses a child younger than 1683, and I yield back the balance of my time. the bill that was introduced. It is a 16 years of age commits aggravated stalking. Mr. MCCOLLUM. Madam Speaker, I good bill. It should be adopted. The Florida State law is named after a 13- yield back the balance of my time. Mr. RAMSTAD. Mr. Speaker, as the author year-old Dade County girl in my district who The SPEAKER pro tempore (Mrs. of the Jacob Wetterling Act of 1994, I am was stalked in 1996 by an acquaintance. Po- EMERSON). The question is on the mo- proud to be a cosponsor of H.R. 1683, the lice told the girl's mother they could not arrest tion offered by the gentleman from Jacob Wetterling Improvements Act of 1997, the man unless he had hurt or kidnapped her Florida [Mr. MCCOLLUM] that the and I urge my colleagues to support this im- daughter. Unable to obtain a judicial restrain- House suspend the rules and pass the portant child protection measure. ing order, Jennifer's mother worked closely bill, H.R. 1683, as amended. The 1994 Wetterling Act signaled a national, with her State senator and representative to The question was taken. coordinated commitment to protecting Ameri- enlist support for a change in the law to re- Mr. CONDIT. Madam Speaker, I ob- ca's children. For the first time, we instituted a move the requirement that physical harm or ject to the vote on the ground that a national system for registering the worst kind abduction occur before the police could inter- quorum is not present and make the of convicted criminalsÐthose who prey on vene. Thanks to her tenacious and coura- point of order that a quorum is not children. geous persistence, the law was signed into present. This landmark law was named after Jacob Florida law on April 29, 1997, and becomes The SPEAKER pro tempore. Pursu- Wetterling, an extraordinary youngster who effective October 1, 1997. ant to clause 5 of rule I and the Chair’s was kidnapped in 1989 from the small com- I am very pleased that today this House has prior announcement, further proceed- munity of St. Joseph, MN, when he was 11 recognized the importance of putting the ings on this motion will be postponed. H7632 CONGRESSIONAL RECORD — HOUSE September 23, 1997 The point of no quorum is considered Mr. TRAFICANT. Madam Speaker, I votes. And in 1967, he was elected withdrawn. yield myself as much time as I may mayor of the city of Cleveland. And he f consume. faced in that election one of Ohio’s and Carl Stokes probably will be remem- the country’s most notable political CARL B. STOKES U.S. bered for being the first black political families, the Tafts. That November in COURTHOUSE figure to be elected in a major urban 1967, Carl Stokes, who was the great- Mr. KIM. Madam Speaker, I move to area of our country, that being Cleve- grandson of a slave, defeated Seth Taft, suspend the rules and pass the bill land, OH, and all of Ohio participated the grandson of President William (H.R. 643) to designate the United in that great election. Howard Taft. States courthouse to be constructed at I can remember from Youngstown, Madam Speaker, in April of 1996, can- the corner of Superior and Huron OH, now my constituents, that had cer claimed the life of Carl Stokes. At Roads, in Cleveland, OH, as the ‘‘Carl traveled to Cleveland to help elect Carl his funeral, Carl Stokes was remem- B. Stokes United States Courthouse’’. back then. I think his record is exem- bered with great fondness and admira- The Clerk read as follows: plary, and I think everybody in here tion. Few, of course, were able to cap- H.R. 643 also knows that he is the brother of ture the essence of the magic of Carl Be it enacted by the Senate and House of Rep- LEWIS STOKES, LOU STOKES, one the Stokes more than his brother, the gen- resentatives of the United States of America in strongest leaders of Congress for many tleman from Ohio [Mr. STOKES], our Congress assembled, years and has set a record for the colleague for many years, who de- SECTION 1. DESIGNATION. Stokes family that is unparalleled in scribed his brother’s life this way: The United States courthouse to be con- our country regardless of race or reli- A life that has been a series of ‘firsts’ for African-Americans. A life that opened up structed at the corner of Superior and Huron gion or however we want to categorize Roads, in Cleveland, Ohio, shall be known doors and opportunities and raised the aspi- it. rations of African-Americans everywhere. He and designated as the ‘‘Carl B. Stokes United So, on behalf of all from Ohio, I want States Courthouse’’. wrote a different American story. He wrote to extend to the gentleman from Ohio the poor American black boy’s story. He SEC. 2. REFERENCES. didn’t rise from rags to riches. He went from Any reference in a law, map, regulation, [Mr. LATOURETTE], the sponsor of this bill, and to the Stokes family, and to poverty to power. And he used that power to document, paper, or other record of the Unit- help people. ed States to the United States courthouse the legacy of Carl Stokes in Cleveland referred to in section 1 shall be deemed to be and to the record in contributions of Cleveland, Ohio will never forget a reference to the ‘‘Carl B. Stokes United LOU and the entire family, I am very Mayor Stokes’ contributions, Judge States Courthouse’’. honored to have been a part of this and Stokes’ contributions, and Ambassador The SPEAKER pro tempore. Pursu- support the bill wholeheartedly. Stokes’ contributions. He served his ant to the rule, the gentleman from Madam Speaker, I reserve the bal- city and country with dignity and pur- California [Mr. KIM] and the gentleman ance of my time. pose. And it is only fitting that Carl from Ohio [Mr. TRAFICANT] each will Mr. KIM. Madam Speaker, I yield 21⁄2 Stokes, the true visionary, one of control 20 minutes. minutes to my colleague, the gen- Cleveland’s most remarkable sons, now The Chair recognizes the gentleman tleman from Ohio [Mr. LATOURETTE]. be honored by the naming of the Carl from California [Mr. KIM]. (Mr. LATOURETTE asked and was B. Stokes U.S. Courthouse. Mr. KIM. Madam Speaker, I yield given permission to revise and extend Mr. TRAFICANT. Madam Speaker, I myself such time as I may consume. his remarks.) yield such time as she may consume to Madam Speaker, H.R. 643 designates Mr. LATOURETTE. Madam Speaker, the distinguished gentlewoman from Texas [Ms. JACKSON-LEE]. the U.S. Courthouse in Cleveland, OH, I thank the gentleman from California (Ms. JACKSON-LEE of Texas asked as the ‘‘Carl B. Stokes United States [Mr. KIM] for yielding me the time. and was given permission to revise and Courthouse.’’ In 1962 Carl Stokes began Madam Speaker, I want to thank the gentleman from California [Mr. KIM], extend her remarks.) public service upon his election to the Ms. JACKSON-LEE of Texas. Madam the chair of our subcommittee, for his Ohio General Assembly. Five years Speaker, I likewise am delighted for assistance and also in getting this bill later Carl Stokes broke new ground the kindness of the distinguished gen- to the floor. I also want to thank the when he won Cleveland’s mayoral elec- tleman from Ohio [Mr. TRAFICANT] and gentleman from Youngstown, OH [Mr. tion, becoming the first African Amer- certainly congratulate the proponents TRAFICANT], ranking member of our ican to be elected mayor of a major of this legislation. city. subcommittee. I also want to extend Some would say that there is some- Declining reelection in 1971, Carl my appreciation to the staff of the sub- thing in the water in Ohio. I would say Stokes entered the field of journalism committee on their hard work. there is something in the water of the with WNBC TV in New York City. For Madam Speaker, this bill was passed Stokes home in Ohio. his work at WNBC, he received an by the House under suspension in the Carl Stokes was born on June 21, Emmy Award. In 1983 Carl Stokes re- last Congress, but unfortunately the 1927, in Cleveland, OH, and he was only turned to Cleveland, where he won Senate adjourned before taking it up. I 2 years old when his father, Charles, a election to Cleveland’s municipal am pleased to report that, in the 105th laundry worker, died. His widowed court. Congress, the Senate has already mother, Mrs. Louise Stokes, supported passed this bill, sponsored by Senator b 1615 her two sons by working as a domestic, DEWINE of Ohio. If we are successful and for a time the family was on public Within weeks he was elected both today, and given the bipartisan support assistance. presiding and administrative judge. In this bill enjoys I assume we will be, we He and his older brother LOUIS, who 1994, President Clinton appointed him can complete this tribute. must have drank from the same well the Ambassador to the African Island Madam Speaker, Carl Stokes grew up and the same water, a Member of this Republic of Seychelles. In his position, in the ghetto of Cleveland but never let body and a great leader in this Con- he advised emerging African nations on his surroundings hold him back. In gress, went ahead to augment the fam- the establishment of a democratic form fact, he made it his life’s devotion to ily income as newspaper carriers for of government and lobbied the admin- make a difference in the lives of others the old Cleveland News and by working istration in support of the African con- and to help others aspire to the great- in neighborhood stores. tinent. ness lurking within them. What I am trying to say, Madam Carl Stokes passed away on April 3, In 1962, Carl Stokes became the first Speaker, is these are true American 1996. This is a fitting tribute to a man black Democrat to be elected to the stories and heroes. Certainly, the hon- who dedicated so much of his life to the Ohio House of Representatives, win- orable and the late Carl Stokes exhib- public service. I support the bill and ning a seat in Cuyahoga County. At the its the ability and the fact that you urge my colleagues to join in this sup- time, the population of Cuyahoga can pull yourself up by your bootstraps port. County was only 14 percent black. and, as well, continue to fight against Madam Speaker, I reserve the bal- In 1967, Carl Stokes came back and the oppression of some of those who ance of my time. beat the Democratic mayor by 20,000 would not lose their prejudice. September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7633 They represent, the two, the broth- bly were elected countywide. Cuyahoga Coun- Carl Stokes grew up in the depths of ers, and as we are celebrating and com- ty's population was only 14 percent African- the Great Depression and scaled the memorating the Honorable Carl American. heights of public service. He was a vi- Stokes, the fact that you can stand for On November 13, 1967, Carl Stokes at- sionary and a great leader who inspired what you believe in. The Honorable tracted international attention when he was those who worked around him. The Carl B. Stokes held the title of mayor sworn in as mayor of the city of ClevelandÐ world will remember him as the first and ambassador, two of the finest and the first African-American mayor of a large African-American mayor of a major most honored titles that anyone can American city. At that time Cleveland's popu- American city. I will always remember hold in a lifetime. His life’s work was lation was only 37 percent African-American. him as a special friend, as a confidant, centered around expanding opportunity Public service provides a path through and and as a mentor who helped me navi- for others that had been denied to him around barriers in life which violence and gate the rough waters of Cleveland pol- in his youth. harsh words can never penetrate. We know itics and the even rougher cir- What we are actually saying is he did through the example of Cesar Chavez, John cumstances of being mayor of Cleve- not hold a grudge, he did not have a F. Kennedy, Martin Luther King, and Carl land, an office which Carl and I have chip on his shoulder, he kept pressing Stokes, that violent actions are much weaker both held. forward. And even until the time he than the strength of powerful positive mes- Carl B. Stokes was the son of a laun- took ill, he was serving his country as sages which have been instrumental in lead- dry worker who died when he was 2 an ambassador. Carl Stokes was a ing us all to a better understanding of each years old. His mother worked as a do- great communicator who shared his other, and the world around us. These heroes mestic. He and his brother, the honor- gift of the spoken and written word and were each guided by a strong personal philos- able gentleman from Ohio [Mr. thereby challenged the minds of his ophy rooted in the belief that, indeed, one per- STOKES], worked in neighborhood constituents to reach beyond where son could make a difference in this world. stores and delivered newspapers to help they were to where they could go in In August 1994, President Clinton appointed out their family. life. His dedication to others through then Judge Carl Stokes to be his Ambassador Over the years, Carl Stokes excelled his work as a public servant will be Extraordinary and Plenipotentiary of the United in many aspects of life: as a soldier most missed by those who can appre- States to the Republic of the Seychelles. during World War II, as a middle- ciate his spirit of egalitarianism. Carl Stokes was a full participant in life who weight boxing champion in 1948, as Carl Stokes’ work promoted equal believed in making a difference in the lives of someone who could shoot a pretty good political, economic, and social rights others, strangers and friends alike, and his game of pool I might add, as an attor- for all through sharing his vital per- legacy to this Nation will be the positive lives ney and investigator for the Ohio De- spective on the human condition with that each person he reached through personal partment of Liquor Control. In his 1973 autobiography ‘‘Promises this world. As mayor, he challenged his example have chosen to lead. of Power,’’ we see a classic work of city to be great. And as ambassador, he Dedication of the new U.S. courthouse to be Cleveland political literature. The challenged his Nation to be even great- constructed in Cleveland, OH, in recognition of story of Carl Stokes and his career is a er. the work which Carl Stokes engaged in is story of accomplishments. In 1962, he Madam Speaker, let me say that I am most appropriate. He devoted his life to the became the first black Democrat elect- delighted to join by honoring this very promotion of human welfare and the advance- ed to the Ohio General Assembly. In fine gentleman and providing with him ment of social reforms. The Honorable Carl 1967, he became the first African-Amer- a lasting legacy along with his works. Stokes lived a life based on his personal phi- ican to be elected mayor of a major Madam Speaker, I include the follow- losophy; that the sole moral obligation of hu- American city. He appeared on the ing statement into the RECORD. mankind is the improvement of human wel- cover of Time Magazine after that vic- Mr. Speaker, I rise in support of H.R. 643, fare. The tireless humanitarian work he per- tory. which would designate a U.S. courthouse to formed in the area of economic redevelopment As mayor, before environmental is- be constructed in Cleveland, OH, as the ``Carl and revitalization of the diverse Cleveland sues attracted wild public attention, he B. Stokes United States Courthouse.'' community reflects the character of a unique developed a program to clean up the Carl Stokes was born on June 21, 1927, in individual. His extraordinary efforts gave the Cuyahoga River and started the first Cleveland, OH. He was only 2 years old when gifts of employment, housing, and a brighter clean water task force in the city’s his- his father, Charles, a laundry worker, died. His future to families throughout that city. His com- tory. In 1970, he was elected president widowed mother, Mrs. Louise Stokes, sup- mitment to Cleveland and the Nation provided of the National League of Cities, the ported her two sons by working as a domestic many with the good news that caring trans- first African-American to hold that and for a time the family was on public assist- lated into hard work, determination, and perse- post. ance. He and his older brother Louis, who is verance leads to a better quality of life for ev- After 4 years as mayor, he moved on a Member of this body, augmented the family eryone. to a journalist career in New York income as newspaper carriers for the old I would like to offer my thanks to the leader- City, becoming the first African-Amer- Cleveland News, and by working in neighbor- ship of both parties for allowing this measure ican to serve as the daily anchorman hood stores. to come before the full House for consider- for a television news program. I am The Honorable Carl B. Stokes held the title ation. I urge all of my colleagues to join me in sure those who are familiar with Amer- of mayor and ambassador, two of the finest support of this important bill. ican politics at that time know that in and most honored titles that anyone can hold Thank you. 1968, he was actually being considered in a lifetime. His life's work was centered Mr. KIM. Madam Speaker, I do not as a possible running mate to Hubert around expanding opportunities for others that have any more speakers, and I reserve Humphrey. So we may have had the had been denied him in his youth. Carl Stokes the balance of my time. first African-American Vice President was a great communicator who shared his gift Mr. TRAFICANT. Madam Speaker, I of the United States in Carl Stokes. He of the spoken and written word, and thereby yield 3 minutes to the gentleman from was later elected as judge of the Cleve- challenged the minds of his constituents to Ohio [Mr. KUCINICH], a young fighter land Municipal Court. In 1994, Presi- reach beyond where they were, to where they newly elected, who knows the Stokes dent Clinton appointed Carl Stokes as could go in life. His dedication to others family well. Ambassador to the Seychelles. through his work as a public servant will be Mr. KUCINICH. Madam Speaker, I The legacy of Carl Stokes is with us most missed by those who can appreciate his thank the gentleman from Ohio [Mr. today. As the Reverend Jesse Jackson spirit of egalitarianism. Carl Stokes' work pro- TRAFICANT] for yielding me the time. said about Carl Stokes, ‘‘All that exists moted equal political, economic, and social It is an honor to be on this floor and now in the political spectrum for Afri- rights for all through sharing his vital perspec- actually between the gentleman from can-Americans are seeds from trees tive on the human condition with the world. Ohio [Mr. TRAFICANT] on my right and that Carl Stokes planted.’’ In November 1962, Carl Stokes became the the gentleman from Ohio [Mr. STOKES] It is a fitting tribute to the legacy of first African-American Democrat in the history on my left to read this tribute today in Carl Stokes that we name the new Fed- of the State of Ohio to be elected to the Ohio honor of Ambassador Carl B. Stokes, eral courthouse in Cleveland as the General Assembly. He was reelected in 1964 the former mayor of the city of Cleve- ‘‘Carl B. Stokes United States Court- and 1966. At that time members of the assem- land. house.’’ H7634 CONGRESSIONAL RECORD — HOUSE September 23, 1997 I join with the gentleman from Ohio marriage to our father, he became ill Mr. TRAFICANT. Mr. Speaker, I rise in sup- [Mr. LATOURETTE] and other Members and died, leaving her with two young port of H.R. 643 and thank Mr. LATOURETTE of the Ohio delegation in asking my boys. I was 3 years old, and Carl was for introducing a bill to honor Carl B. Stokes. colleagues to support this tribute. only a year old. Carl B. Stokes achieved many remarkable Mr. TRAFICANT. Madam Speaker, Our mother had only an eighth grade things in his lifeÐhe was a member of the evidently Louise Stokes was a great education. So as a widow with two Ohio General Assembly, a news anchor for woman. And Charles Stokes, I think we young boys and a mother to care for, WNBC±TV in New York City, a Judge, and a all know his legacy. she became a domestic worker. My U.S. Ambassador. Perhaps his greatest But the gentleman I am introducing mother worked in suburban homes achievement was his landmark election as the now is one of the stalwarts of this Con- around Cleveland, caring for children, mayor of Cleveland, becoming the first Afri- gress, one of the most respected men of cleaning homes, serving dinners, wash- can-American to hold great urban, political our Congress. He stands up there with ing windows, scrubbing floors, doing power. the gentleman from Illinois [Mr. whatever domestic work was required He is the brother of Louis Stokes, our friend HYDE], shoulder to shoulder with the of her. In order to make ends meet, she and colleague. It is most fitting to honor Carl giants that have been here for many also went on welfare. And in order to Stokes by designating the new U.S. court- years. I want to thank him on behalf of provide decent housing for Carl and house in Cleveland in his honor. all Ohioans for his record and his dis- me, she applied for and obtained a Mr. CLAY. Mr. Speaker, I am happy to sup- tinguished service. home in public housing. port HR 643, a bill to name the new Federal Madam Speaker, I yield as much It was in this setting that she urged Courthouse in Cleveland, Ohio in honor of the time as he may consume to the gen- both of us to get an education, ‘‘Get late Ambassador Carl B. Stokes. Carl Burton tleman from Ohio [Mr. STOKES]. I think something in your heads so you don’t Stokes was one of our nation's preeminent it is fitting that he should have an op- have to work with your hands, as I’ve Black leaders and this legislation is a fitting portunity to pay tribute to his younger had to work with mine.’’ tribute in memory of his noteworthy accom- brother. b 1630 plishments. Mr. STOKES. Ms. Speaker, I thank My mother’s greatest dream was that Ambassador Stokes was a trailblazer. He the gentleman from Ohio [Mr. TRAFI- someday her two boys would not have was the first Black Democrat in history to be CANT], my distinguished friend and col- to scrub floors as she did. She dreamed elected to the Ohio General Assembly. In league, for yielding to me and also that they would have high school diplo- 1967 he became the first Black American to want to thank the gentleman from mas. In her wildest dreams she did not be elected mayor of a major city. When the Ohio [Mr. TRAFICANT], the ranking realize that she would be the inspira- people of Cleveland, Ohio elected Carl member of the committee, for his work tion for one of her sons to become Stokes, the grandson of a slave over Seth bringing this legislation to the floor America’s first black mayor, following Taft, the grandson of a President, his victory and for his very kind and generous the achievement of becoming the first was acclaimed around the world. words. black American to be elected to the In 1983 Carl Stokes was elected Judge of I also want to express my apprecia- Ohio Legislature as a Democrat. the Cleveland Municipal Court and his col- tion to the distinguished gentleman As my colleagues have already heard, leagues soon elected him Administrative from California [Mr. KIM] for making Carl followed these achievements with Judge of the Court and later chose him to be this resolution possible today and for his career as an Emmy award-winning Presiding Judge. In 1994 President Clinton ap- his action in bringing this bill to the TV anchorman and journalist, lawyer, pointed Judge Stokes Ambassador Extraor- floor. I want to say to the gentleman and then judge of the Cleveland Munic- dinary and Plenipotentiary of the United States from Ohio [Mr. LATOURETTE], my ipal Court, and finally by appointment to the Republic of Sychelles. Ambassador friend and colleague, the sponsor of by President Bill Clinton as United Stokes had the distinction of being among the this legislation to name the new court- States Ambassador to the Seychelles. few Americans to serve at the highest levels house to be built in Cleveland, OH, the The election of Carl B. Stokes as in all three branches of the governmentÐleg- ‘‘Carl B. Stokes Courthouse,’’ how mayor of Cleveland in 1967 sparked and islative, executive and judicial. much I appreciate this honor to be be- inspired black Americans all over I was a dear friend and great admirer of stowed upon my late brother. America to aspire to the highest offices Carl Stokes. He was a man of courage and To all of my colleagues who have spo- in the land. As mayor of Cleveland, dedication. His life was about overcoming ob- ken so eloquently about the life of my Carl was proud of his accomplishments stacles and advancing true justice and social brother Carl, I thank them for the elo- for a city which in 1967 was the eighth equality for all. Stokes was a man blessed quent statements spoken here on the largest city in the United States. It with vision and courage. He lived a life of true floor today regarding the meaning of was also not a black city. At the time conviction to the principles of social justice. his life, his accomplishments, and the of his election, Cleveland was only 37 His many contributions to our society have for- reasons for memorializing his name in percent black. ever changed the course of our Nation's his- this manner. They have far exceeded The naming of this courthouse in tory. I urge my colleagues to support this leg- my ability to in any manner enhance honor of Carl B. Stokes will be a fitting islation to designate the Carl Burton Stokes their eloquent statements here on the and lasting tribute to a son who not Federal Courthouse. floor. only was a credit to his mother Louise Mr. BISHOP. Mr. Speaker, I rise today to I would confine my remarks on this Stokes, but was a credit to the city of pay tribute to a great American and distin- occasion to expressing the heartfelt ap- Cleveland, the State of Ohio and to our guished Ohioan, Carl Burton Stokes. Mr. preciation of Carl’s wife Raija, his Nation. Again, I thank the House for Stokes rose to prominence in this country at a daughters Cordi and Cynthia, his sons this honor which you would bestow time when it was unheard of for an African- Carl, Jr., and Cordell, and his grand- upon my brother. American male to serve as a big-city Mayor. In children, Jevonne, Cybil, and Cordell, Mr. TRAFICANT. Madam Speaker, I his death, Mr. Stokes has left a legacy of ac- Jr., for the action being taken by the yield myself such time as I may complishment both personally and profes- House today. consume. sionally. He is the first African-American ever The naming of this courthouse, (Mr. TRAFICANT asked and was to be elected to all three branches of govern- which will sit in the heart of downtown given permission to revise and extend mentÐthe legislative, the executive, and the Cleveland, will be a lasting and fitting his remarks.) judicial. memorial to the man who became Mr. TRAFICANT. Madam Speaker, I, Ambassador Stokes' career was both long America’s first black mayor of a major too, want to thank the gentleman from and distinguished. It began in November, 1962 American city and who became mayor California [Mr. KIM] as well as the gen- when he was elected to the Ohio General As- of Cleveland in 1967. tleman from Pennsylvania [Mr. SHU- sembly. In 1967, Mr. Stokes attracted inter- As my colleagues have already heard, STER], the chairman of our committee, national attention when he was sworn in as Carl and I were both born and raised in and the gentleman from Minnesota Mayor of the city of Cleveland, a major Amer- Cleveland. Our mother, Louise Stokes, [Mr. OBERSTAR], the ranking member. ican city with a population of 810,000. In 1983, was a woman who believed in the I, too, want to concur with all the he was elected as a Judge of Cleveland Mu- American dream. Shortly after her statements made here today. nicipal Court, Ohio's largest court. In 1994, September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7635 President Bill Clinton appointed then-Judge building located at 717 Madison Place, without undermining the Federal nature of our Stokes as his Ambassador of the United NW., in the District of Columbia, as legal system or doing injury to the logic that States to the Republic of the Seychelles. He the ‘‘Howard T. Markey National generally sustains the geographic division of served in this position until his death. I encour- Courts Building’’. the circuits. AS the U.S. Court of Appeals for age all my colleagues to join with me in pay- The Clerk read as follows: the Federal circuit's first and most influential ing tribute to a leader, a visionary, a role H.R. 824 Chief Judge, Howard led it to its stature as the model and above all, a wonderful and warm Be it enacted by the Senate and House of Rep- world's most respected and followed court on human being, Carl Burton Stokes. resentatives of the United States of America in matters of intellectual property, international Mr. GILMAN. Mr. Speaker, I rise in support Congress assembled, trade, governmental obligations to citizens, of the designation of the Carl B. Stokes United SECTION 1. REDESIGNATION. and public sector personnel law. States Courthouse. The Federal building located at 717 Madi- There is some urgency to this legislation as In 1967 Carl Stokes was elected as the first son Place, NW., in the District of Columbia Howard, who was widowed a few years ago, Afro-American Mayor of Cleveland. His victory and known as the National Courts Building is in a nursing home and in frail health. There shall be known and designated as the ‘‘How- is no more fitting name for the building that was a milestone in the Black empowerment ard T. Markey National Courts Building’’. movement of the late sixties and early seven- houses the judicial structure that he fathered SEC. 2. REFERENCES. than that of Howard Markey, and no better ties. Any reference in a law, map, regulation, Mayor Stokes was born June 21, 1927 in a document, paper, or other record of the Unit- way to remember Howard Markey than to at- Cleveland housing project. His upbringing is ed States to the Federal building referred to tach his name to the hall of justice in which he what made it possible for him to be so close in section 1 shall be deemed to be a reference worked so long and so well for the American to all his constituents. The bond he shared es- to the ‘‘Howard T. Markey National Courts people. I am pleased that the Congress will pecially with the lower income families of Building’’. enact this bill and redesignate this building for Cleveland had motivated him to push legisla- The SPEAKER pro tempore. Pursu- this great American. tive acts such as the awarding of federal ant to the rule, the gentleman from Madam Speaker, I include the follow- money to urban renewal projects and pro- California [Mr. KIM] and the gentleman ing material for the RECORD: grams that required city contractors to employ from Ohio [Mr. TRAFICANT] each will HOWARD T. MARKEY more minorities. control 20 minutes. Howard T. Markey assumed duties as Dean The Chair recognizes the gentleman of the John Marshall Law School in July, Carl Stokes' career is also highlighted with 1991. He retired October 31, 1994 and now from California [Mr. KIM]. his service as a Cleveland Municipal Judge. serves as Dean Emeritus. As a Ohio State legislator subsequent to his Mr. KIM. Madam Speaker, I yield 2 A distinguished jurist, serving as Chief service as Mayor, he became a New York City minutes to the gentleman from Illinois Judge of the United States Court of Appeals anchorman. In 1994 he was appointed an Am- [Mr. HYDE]. for the Federal Circuit from 1982 to 1990 and bassador to Seychelles by President Clinton (Mr. HYDE asked and was given per- was an active judge on this court after his where he served until his death in 1996. mission to revise and extend his re- resignation as chief judge. Prior to serving on the Federal Circuit Court of Appeals, he The service of Ambassador Stokes is de- marks.) Mr. HYDE. Madam Speaker, I thank served since 1972 as chief judge for the Unit- serving of this honor and I strongly urge my ed States Court of Customs and Patent Ap- colleagues join me in support of this bill. the gentleman for yielding me this peals. Mr. TRAFICANT. Madam Speaker, I time. I cannot possibly say what I want Dean Markey is the first active judge to have no further requests for time, and to say in 2 minutes. Howard Markey have sat with every Federal Court of Ap- I yield back the balance of my time. was my lifetime friend. This honor is peals. He has sat in over 1,400 cases and writ- Mr. KIM. Madam Speaker, I yield certainly deserved. ten more than 250 opinions for the Regional Circuit Courts in every field of law, in addi- back the balance of my time. Madam Speaker, H.R. 824 would redesig- nate the Federal building located at 717 Madi- tion to 5,000 cases and 800 opinions for the The SPEAKER pro tempore (Mrs. Court of Customs and Patent Appeals and EMERSON). The question is on the mo- son Place, NW., in the District of Columbia, as the Court of Appeals for the Federal Circuit. tion offered by the gentleman from the ``Howard T. Markey National Courts Build- Dean Markey received his juris doctor de- California [Mr. KIM] that the House ing.'' Judge Markey clearly deserves this rec- gree in 1949 from Loyola University in Chi- suspend the rules and pass the bill, ognition as a result of and in tribute to his cago, where he graduated cum laude and H.R. 643. service to others and to this country. served as editor-in-chief of the Loyola Uni- versity Law Review. He earned a master’s The question was taken. Howard Markey has been a leader in the Federal judiciary from the time of his initial ap- degree from The John Marshall Law School Mr. CONDIT. Madam Speaker, I ob- in 1950. ject to the vote on the ground that a pointment in 1972. Judge Markey presided on Dean Markey has published extensively in quorum is not present and make the the United States Court of Appeals for the legal periodicals, and has taught at George point of order that a quorum is not Federal circuit, which sits in the building to be Washington University, Loyola University, present. redesignated, from the court's creation in 1982 the Federal Judicial Center, and the John The SPEAKER pro tempore. Pursu- until he stepped down as Chief Judge. He Marshall Law School. also served as judge and Chief Judge of the He is the recipient of numerous awards and ant to clause 5, rule I, and the Chair’s honorary degrees—the most recent being the prior announcement, further proceed- former Court of Customs and Patent Appeals. A. Sherman Christensen Award from the ings on this motion will be postponed. He was a brilliant practicing patent lawyer American Inns of Court. He has been chair- The point of no quorum is considered prior to ascending to the bench, and served as man of the Ethics Advisory Committee on withdrawn. Dean of the John Marshall School of Law in Codes of Conduct, and a senior member of the Judicial Conference of the United States. f Chicago after stepping down from the bench. Howard was also one of this country's first test He currently is chairman of the board of the GENERAL LEAVE pilots of jets and rose to the rank of major American Inns of Court Foundation, and a member of the board of trustees of the Su- Mr. KIM. Madam Speaker, I ask general. preme Court Historical Society. unanimous consent that all Members Wholly apart from his monumental contribu- Prior to serving in the federal judiciary, may have 5 legislative days within tions to American jurisprudence through his Dean Markey was a partner for many years which to revise and extend their re- arguments at the bar and his opinions from in the Chicago law firm of Parker, Markey & marks on H.R. 643. the bench, Howard had a profound and ame- Plyer. The SPEAKER pro tempore. Is there liorative impact upon our legal system when A retired major general in the United he led the movement that resulted in the cre- States Air Force, Dean Markey is a highly objection to the request of the gen- decorated veteran of both World War II and tleman from California? ation of the U.S. Court of Appeals for the Fed- the Korean War, and was one of the first jet There was no objection. eral circuit. Howard had the insight to recog- test pilots in the United States. f nize, and the intellectual power to make the He is a brilliant orator, administrator, ju- case, that the Nation would be better served rist and lawyer—and he richly deserves this HOWARD T. MARKEY NATIONAL if appeals in the domains of intellectual prop- honor. COURTS BUILDING erty law, Federal claims, and Federal civil Mr. KIM. Madam Speaker, H.R. 824 Mr. KIM. Madam Speaker, I move to service matters were taken to a single national redesignates the Federal building lo- suspend the rules and pass the bill tribunal rather than disparate geographic cated at 717 Madison Place in the Dis- (H.R. 824) to redesignate the Federal courts. He demonstrated this could be done trict of Columbia as the Howard T. H7636 CONGRESSIONAL RECORD — HOUSE September 23, 1997 Markey National Courts Building. watching this honor given to Howard ROBERT J. DOLE UNITED STATES Judge Howard Markey presided on the Markey. It is Mr. Morris who reminded COURTHOUSE U.S. Court of Appeals for the Federal me that though Judge Markey is now Mr. KIM. Mr. Speaker, I move to sus- Circuit from 1982 until he stepped down confined most of the time to a nursing pend the rules and pass the Senate bill as chief judge in 1990. He also served as home in Chicago, he still comes down- (S. 1000) to designate the U.S. court- judge and chief judge of the former town to teach class at John Marshall house at 500 State Avenue in Kansas Court of Customs and Patent Appeals. Law School once a week so that his City, KS, as the ‘‘Robert J. Dole United Judge Markey has been a leader in students will have the benefit of his en- States Courthouse’’. the Federal judiciary from the time of cyclopedic, insightful knowledge of in- The Clerk read as follows: his initial appointment in 1972. He had tellectual property law. S. 1000 a profound impact upon our legal sys- It is a matter of professional pride as Be it enacted by the Senate and House of Rep- tem by leading the movement in the well as family pride that I rise to add resentatives of the United States of America in creation of the Federal circuit. As the my words to those of my colleagues in Congress assembled, Federal circuit’s first chief judge, this worthy designation, because How- SECTION 1. DESIGNATION OF ROBERT J. DOLE Judge Markey raised the court’s stat- ard Markey is an academic without UNITED STATES COURTHOUSE. ure to the world’s most respected court equal in the field of intellectual prop- The United States courthouse at 500 State on matters of intellectual property, erty. As a professor of law at Stanford Avenue in Kansas City, Kansas, shall be international trade, governmental obli- known and designated as the ‘‘Robert J. Dole University, I recognize an academic United States Courthouse’’. gations to citizens, and public sector colleague in Howard Markey whose SEC. 2. REFERENCES. personnel law. This is a fitting tribute knowledge and influence in making in- Any reference in a law, map, regulation, to this esteemed jurist. I support the tellectual property law consistent with document, paper, or other record of the Unit- bill, and I urge my colleagues to join in free-market economics is second to ed States to the United States courthouse this support. none. referred to in section 1 shall be deemed to be Mr. Speaker, I reserve the balance of Last, as a native son of Chicago, I a reference to the ‘‘Robert J. Dole United my time. rise with tremendous pride to see how States Courthouse’’. Mr. TRAFICANT. Mr. Speaker, I well another son of Chicago has done, The SPEAKER pro tempore. Pursu- yield myself such time as I may bringing the wisdom of the prairie to ant to the rule, the gentleman from consume. the Capital of the United States, some- California [Mr. KIM] and the gentleman (Mr. TRAFICANT asked and was thing that some of us can only aspire from Ohio [Mr. TRAFICANT] each will given permission to revise and extend to do—and that via detour through control 20 minutes. his remarks.) California. The Chair recognizes the gentleman Mr. TRAFICANT. Mr. Speaker, I do Mr. TRAFICANT. Mr. Speaker, I join Mr. KIM from California [Mr. KIM]. not know Judge Markey, I know of his in supporting H.R. 824, a bill to designate the Mr. KIM. Mr. Speaker, I yield myself record and the great distinguished National Courts Building here in Washington in such time as I may consume. service that has been brought forward, honor of Judge Howard Markey. Mr. Speaker, S. 1000 designates the but I know the gentleman from Illinois Judge Markey was the first active judge to U.S. courthouse in Kansas City, KS, as [Mr. HYDE]. I know that the gentleman have sat with every Federal Court of Appeals. the Robert J. Dole United States from Illinois made this recommenda- He participated in over 1,400 cases and wrote Courthouse. tion, the gentleman from Illinois be- more than 250 opinions for the regional courts Senator Dole has served and contin- lieves that he is a great man, and I am and over 800 opinions for the Court of Cus- ues to serve his country in many ways. sure he is and most deserving. I just toms. He is a World War II and Korean war He is an honorable leader and a re- want to join forces today here from our veteran and his biography is filled with numer- spected statesman who will long be side of the aisle to support the rec- ous honors and distinctions. It is most fitting to considered one of the most powerful ommendation of the gentleman from honor Judge Markey in this manner. Senators and brilliant legislators of Illinois [Mr. HYDE], the distinguished Mr. KIM. Mr. Speaker, I have no fur- our times. chairman. I want to thank the gen- ther requests for time, and I yield back He was raised in the small town of tleman from California [Mr. KIM], the the balance of my time. Russell, KS, and though he gained na- gentleman from Pennsylvania [Mr. The SPEAKER pro tempore (Mr. tional prominence, he remained a faithful advocate for the State of Kan- SHUSTER] and the gentleman from Min- GUTKNECHT). The question is on the nesota [Mr. OBERSTAR] for having al- motion offered by the gentleman from sas. Senator Dole attended the Univer- sity of Kansas and Washburn Univer- lowed that opportunity. California [Mr. KIM] that the House Mr. Speaker, I yield back the balance suspend the rules and pass the bill, sity, but left to join the U.S. Army in of my time. H.R. 824. World War II. During his tour of duty, Mr. KIM. Mr. Speaker, I yield 2 min- The question was taken. he was severely wounded, permanently utes to the gentleman from California Mr. CONDIT. Mr. Speaker, I object to hindering his right arm. Upon leaving [Mr. CAMPBELL]. the vote on the ground that a quorum the military, he returned to school and Mr. CAMPBELL. Mr. Speaker, it is is not present and make the point of earned his college and law degrees, an honor to stand as a matter of family order that a quorum is not present. graduating magna cum laude. In 1950, Senator Dole began his politi- pride in behalf of this resolution for my The SPEAKER pro tempore. Pursu- cal career by his election to the Kansas friend Judge Howard Markey. I say ant to clause 5, rule I, and the Chair’s State legislature. Following his term family for two reasons. First of all, my prior announcement, further proceed- in the State house, he became the pros- father was chief judge of the Federal ings on this motion will be postponed. ecuting attorney of Russell County court in Chicago and on many occa- The point of no quorum is considered from 1953 until he successfully bid for a sions served with Judge Markey by des- withdrawn. ignation on the seventh circuit. It was seat in the United States House of Rep- my father, Judge William Campbell f resentatives in 1960. In 1968 Senator who first introduced me to Judge Mar- Dole successfully won a term in the key. My father passed away just a few U.S. Senate. Early in his tenure, he weeks before I was elected to Congress, GENERAL LEAVE was recognized for his organizational but I think he is smiling in heaven to Mr. KIM. Mr. Speaker, I ask unani- skills by being selected as national know that his son today is paying trib- mous consent that all Members may chairman of the Republican Party. ute to his friend, our family friend, have 5 legislative days within which to Senator Dole became the majority Howard Markey. revise and extend their remarks and in- leader of the Senate in 1985, and served It is a family honor as well because clude extraneous material on H.R. 824. as majority and minority leader in the of the man I consider as close as a The SPEAKER pro tempore. Is there Senate from that time until his res- brother, Joseph Morris of Chicago, who objection to the request of the gen- ignation in April 1996. Senator Dole with his wife Kathleen, are with us in tleman from California? holds a place of distinction as the long- the gallery today for the purpose of There was no objection. est serving Republican majority leader. September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7637 He earned national acclaim for his cated patriot, and one of our Nation’s our State. I urge my colleagues to sup- leadership on behalf of the disadvan- most honorable statesmen, a man who port this legislation and join Kansans taged, Americans with disabilities, tax has committed his life to this country. and Americans in thanking Senator reform and military veterans, and for As we all know by now, Bob Dole was Dole for his service and example. his mastery of foreign affairs. born in the small town of Russell, KS. Mr. KIM. Mr. Speaker, I yield 2 min- Senator Dole now presides as the It was there that he learned from ex- utes to the gentleman from Kansas chairman of the Commission on the ample the importance of hard work and [Mr. TIAHRT], my colleague. World War II Memorial, and is leading the value of integrity. These lessons (Mr. TIAHRT asked and was given the effort to raise $100 million to con- were sacred, they have never been ne- permission to revise and extend his re- struct the memorial on the mall. glected, and they remain marks.) The naming of this U.S. courthouse uncompromised. Mr. TIAHRT. Mr. Speaker, I want to is a fitting tribute to Senator Dole. He When World War II broke out, Bob thank the gentleman from California played an instrumental role in main- Dole enlisted in the Army and put his for yielding me 2 minutes, and I also taining its location in downtown Kan- life on the line to fight for his country. want to thank the committee chair- sas City. He led a platoon of the legendary 10th man for bringing this bill forward, and I am honored to bring this measure Mountain Division in Italy, and was se- I also want to thank the gentleman to the floor. It is a fine tribute to a dis- verely wounded by shrapnel from from Ohio [Mr. TRAFICANT], who appre- tinguished public servant who has enemy fire. His injuries were so severe ciates Senator Dole’s work to reform given so much of his life in service to that several times during his 4-year the IRS, and I want to congratulate the his country. I support the measure, and struggle to recover, his family was told gentleman from Kansas [Mr. urge my colleagues to join me in this he might not live. His ability to over- SNOWBARGER] for his hard work getting effort. come the injuries sustained on the bat- this bill moved forward in the House. Mr. Speaker, I reserve the balance of tlefield is testimony to his heroic will As my colleagues know, I do not have my time. and the power of perseverance. enough time to really tell about all the Mr. TRAFICANT. Mr. Speaker, I Bob Dole came home and served the feelings and thoughts I have about Sen- yield myself such time as I may town of Russell and our State of Kan- ator Dole, but I do want to tell my col- consume. sas as an elected representative in the leagues that I think he is an American Mr. Speaker, I join the gentleman statehouse. In 1960 he was elected to hero, that he is still today living the from California [Mr. KIM], the chair- the U.S. Congress and served honorably American dream. He is a personal man, and all of those speaking on be- in this body until 1968 when then Con- friend, and I still seek his sage counsel. half of the truly distinguished service gressman Dole became Senator Dole. In In 1992 when I was first involved in the record of a former Senator, and al- his 36 years of public service in Wash- political process, he helped because he though Senator Dole’s duties required ington, Bob Dole commanded the high- thought Kansas needed a farm team of him to have a national focus, he never est respect of his colleagues. He earned young individuals who would be willing forgot the people of his hometown and the appreciation of his country by forg- to serve their country, and I was part never forgot the people of his home ing common ground on which progress of his effort. In Kansas he spoke of State of Kansas. He continually could be made. President Clinton hon- smaller government, of States rights, worked on their behalf, he listened to ored him with the Presidential Medal of individual responsibility. It was the their concerns on issues such as farm of Freedom for his significant con- message of Bob Dole and the message prices, safe roads, economic develop- tributions to this Nation. of Kansas that still rings true today. I ment, schools, and the safety of their was proud to support him during his b 1645 children. I think that is what distin- presidential campaign, and like the guished his career. He never lost sight Bob Dole has dedicated himself to gentleman he is, he graciously stepped of where he had come from and who he moving this country forward. In every back from public life into the private, was. As all have stated, his career is undertaking Senator Dole exhibited but I want to tell my colleagues that in filled with these lasting contributions passion that shaped leaders and in- Kansas he will always be No. 1 in our and certainly great success. It is fit- spired others to follow and, more im- hearts. ting to honor Senator Dole by des- portantly, to trust. This trust is the Mr. Speaker, I rise today to support the ignating the U.S. courthouse in Kansas greatest compliment that we pay to an naming of the new Federal courthouse in Kan- as the Robert J. Dole United States individual, and it is the trademark of sas City, KS, for a man who has lived his life Courthouse. I am honored to be a par- Bob Dole’s public life. Bob Dole showed dedicated to the people of his State and the ticipant in that. us what it means to lead by integrity ideals of his Nation. Mr. Speaker, I reserve the balance of built on principle. In the sound bite Bob Dole's commitment and service to my time. pace of this modern era we seem to America began in WWII, and nearly ended Mr. KIM. Mr. Speaker, I yield 2 min- have lost our understanding of this im- there. On a mountain in Italy named simply utes to the gentleman from Kansas portant concept. We are most fortunate Hill 913, Lt. Bob Dole was leading the 2d pla- [Mr. SNOWBARGER]. to have such visible reference to guide toon with the Army's 85th Mountain Regiment Mr. SNOWBARGER. Mr. Speaker, I us in our public and personal lives. when he nearly lost his life. He endured ter- thank the gentleman for yielding me Senator Dole’s life has clearly proven rible wounds that would last a lifetime. this time. the advantages of conducting oneself He returned from this experience to the Mr. Speaker, I would like to thank by this maxim. The true power of his comfort and support of his home in Russell, the gentleman from California [Mr. example resides in his ability to serve KS, where he had grown up the hard-working KIM], the subcommittee chairman, and as a model for all of us to emulate. son of a cream and egg station operator. Back the gentleman from Ohio [Mr. TRAFI- Despite his ascension to the Senate home, he began his recovery and continued CANT], the ranking member, for their as Senate majority leader, Bob Dole his career of serving his neighbors and coun- effort in bringing this bill to the floor. never forgot Kansas. Despite ascension try. Additionally I would like to recognize to Senate majority leader, he never Bob Dole was elected to the U.S. House of the work and solidarity of the congres- forgot the values that he learned as a Representatives in 1960, and elected to the sional delegation from Kansas. The child in rural America, and we will Senate in 1968, where he served as the Re- gentleman from Kansas [Mr. TIAHRT], never forget his love and devotion to publican leader for a record 11 years. He ran the gentleman from Kansas [Mr. his country and home. Kansas is hon- for Vice President with President Gerald Ford MORAN], and the gentleman from Kan- ored to have Bob Dole as her son. The in 1976 and ran for the Republican Presi- sas [Mr. RYUN] are cosponsors of H.R. dedication of the U.S. courthouse in dential nomination in 1980 and 1988, and was 2177, which is the companion bill to S. the Third Congressional District of the Republican nominee for President in 1996. 1000. Kansas as the Robert J. Dole United And he never ceased working for the Kan- Mr. Speaker, it is truly an honor for States Courthouse is a small way to sans he represented for so long. me to stand before this body today and honor Senator Dole for his years of sac- In the 1980's he worked extensively helping pay tribute to a great Kansan, a dedi- rifice and unwavering commitment to farmers get through the financial crisis they H7638 CONGRESSIONAL RECORD — HOUSE September 23, 1997 were facingÐmany family farms across our one thing I would like to do is to have I have admired this great man since I was State and our Nation still work their own lands a farm.’’ He just had a real yen for liv- a boy running through the Kansas countryside. due to Bob Dole's leadership. ing in the rural area, and I was some- That was back when Bob Dole was helping Senator Dole also took the lead in the effort what surprised given the fact that he run the country as a Member of this great leg- to rebuild McConnell Air Force Base in Wich- was a product of the big city, but that islative body. ita, KS, after a devastating tornado hit. is something that really appealed to Now, as a freshman Representative from In addition, he was deeply involved as an him. Kansas' Second District, I am grateful for Bob advocate for Kansas in every farm bill, tax bill, The other thing is that in one of—I Dole's legacy. or any other issue which affected Kansas. guess it tells us a lot about Carl that in Senator, a grateful Nation honors you today During the latter part of his career Bob Dole one of the political races in which I for a lifetime of dedicated service to your became one of the preeminent legislators and was involved, Carl went out of his way country. statesmen of our day. He has been a major to endorse me before a group in my dis- Mr. GILMAN. Mr. Speaker, I am pleased to player in just about every substantial policy trict for a Senate race. Given our polit- rise in support of the bill passed by the Senate debate of the last three decadesÐbudget ical differences, that came as a little honoring Robert J. Dole. Mr. Dole is a man of deals, tax packages, health reform, saving So- bit of a shock to quite a few people, but character and of dedication to the people of cial Security, farm bills, advocating for the dis- that is because Carl made his decisions Kansas and the United States. The designa- abledÐBob Dole's deft legislative ability and based on personal relationships, and we tion of the Robert J. Dole U.S. Courthouse in talent were imparted on hundreds of issues had the same approach on a lot of is- Kansas City, KS, is an honor that is duly and countless pieces of legislation. sues. He therefore felt that the would earned. Norman Ornstein of the American Enterprise like to support me even though we Senator Dole served the United States for Institute has called Senator Dole one of the were of different parties. And I think more than 50 years. It was in the Army during five most significant Senators of the last half again that tells us a lot about Carl World War II that Bob Dole devoted his life to of the 20th century. Stokes. The important thing with him national service. His ability to overcome the in- Upon his farewell from the Senate to pursue is what people were, what they stood juries he sustained in combat demonstrates an the Presidency, his former colleagues used for and how we could best serve them, enormous capacity to overcome adversity the words honor and integrity probably more and he was willing to support people through trying and difficult times. than any others to pay tribute to Bob Dole. who approached things in the same After serving the State of Kansas as an at- These two simple terms seem to best describe way even though of different political torney and a State representative, Bob Dole a truly great man. parties. spent four terms in the U.S. House of Rep- It is with great pleasure that I come to the I am pleased that we are naming the resentatives diligently working for his district's floor today to support the naming of the Bob courthouse in Cleveland. I am con- constituents. It was from the House that he Dole Federal courthouse in Kansas City, KS. fident that knowing Carl, he would be moved to the Senate where his legacy would Mr. TRAFICANT. Mr. Speaker, I very pleased and proud to have this be built. yield such time as he may consume to type of recognition. The same would be The election of Robert Dole to the Senate in the gentleman from Ohio [Mr. REGULA], true with Senator Dole. I was proud to 1968 was the beginning of an illustrious career my neighbor from Canton, one of our work on his campaign for President. I in the national spotlight. During his terms, distinguished cardinals not only for his think he is a great American in the fin- Senator Dole served as the Republican Na- tremendous support of the naming of est sense of the words. tional Party chairman and twice as Senate Mr. TRAFICANT. Mr. Speaker, S. 1000 is a the courthouse for Bob Dole but also majority leader. Most of the country came to bill to designate the U.S. courthouse at 500 the fact that he was a very good friend know Bob Dole in his national campaigns for State Ave. in Kansas City in honor of Senator of Carl Stokes. the Presidency and Vice Presidency. In his Robert Dole. Mr. REGULA. Mr. Speaker, I thank bids for these offices Mr. Dole demonstrated a the gentleman for yielding time to me. Senator Dole represented the people of Kansas with honor and distinction for over 40 skilled ability for reaching out to Americans Mr. Speaker, I just wanted to say as and in supporting legislation he believed to be to Senator Dole that my observation of years. His biography is several pages long and includes numerous activities and civic po- in their best interests. his service as a legislator was that of a It was an honor and a pleasure to have caring person. I noticed that in his sitions such as being a member of the Amer- ican Bar Association, the Veterans of Foreign served with Senator Dole here on Capitol Hill. speeches, in his legislative programs, He is a friend and someone with whom I that he had a great empathy for the War, National Society of Autistic Children, Na- tional Association of Retarded Children, and worked with many times on issues of impor- people of this Nation, and would reach tance to the people we represented. Our ef- out to them. I think it reflected his the American Heart Association. Although Senator Dole's senatorial duties forts together on POW/MIA issues, the Ameri- background, coming from Kansas and required him to have a national focus he never cans with Disabilities Act, senior food pro- coming from a family and community forgot the people of Kansas. He continually grams, and our campaigns against domestic situation where people worked hard worked on their behalf listening to their con- violence were among some of the more sig- and lived our cherished American val- cerns on such issues as farm prices, safe nificant projects on which Senator Dole dis- ues. Senator Dole showed these in the roads, and economic development. His career played great interest, devotion, and expertise. way that he dealt with legislative is- is filled with lasting contributions and success. It was a pleasure for me to work with him on sues, that he cared about people. It is fitting to honor Senator Dole by designat- these issues. As far as Carl Stokes, my first term ing the U.S. courthouse in Kansas as the Though retired now from elected office, Bob as a member of the Ohio Legislature I ``Robert J. Dole United States Courthouse.'' Dole still works on behalf of issues that he had the good fortune to be placed on Mr. RYUN. Mr. Speaker, I rise today not deems important to our national well being. the Judiciary Committee, and one of only in support of S. 1000, but also in support His tireless efforts are admirable and deserve my colleagues was Carl Stokes. I came of one of my State's greatest citizens, Senator our adulation. I urge my colleagues to join with from a rural area, he came from Cleve- Bob Dole. the Senate in passing this bill honoring a great land, and yet we discovered we had Bob Dole faithfully served the people of American. sympatico and we had the same con- Kansas for 46 years, starting in the State Mr. TRAFICANT. Mr. Speaker, I cerns for people. Carl was a great warm House, continuing through his leadership in have no further requests for time, and human being, and that was reflected in Congress, and ending with a run for the Presi- I yield back the balance of my time. his approach to legislative issues. He dency. Even before this service though, Bob Mr. KIM. Mr. Speaker, I yield back was helpful to me as a new member of Dole answered his country's call. He bravely the balance of my time. the Committee on the Judiciary, and served in the Army during World War II where The SPEAKER pro tempore. The we became good friends. I was there he was gravely injured. By the grace of God question is on the motion offered by when he was inaugurated as the mayor and a strong will, Bob Dole overcame adver- the gentleman from California [Mr. of Cleveland. Our friendship continued sity to continue his fight for America. KIM] that the House suspend the rules over the years. He visited with his fam- This designationÐthe Robert J. Dole Court- and pass the Senate bill, S. 1000. ily at our home. We live on a farm houseÐis but a small symbol of our Nation's The question was taken. about 60 miles south of Cleveland, and appreciation for his years of selfless sacrifice Mr. CONDIT. Mr. Speaker, I object to I will never forget Carl saying, ‘‘Well, and his fight for our freedom. the vote on the ground that a quorum September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7639 is not present and make the point of of the 104th Congress. He was a re- ognize and pay tribute to my fellow order that a quorum is not present. spected colleague whose presence will Kansan. The SPEAKER pro tempore. Pursu- be missed by many. The naming of the Growing up in western Kansas, I like ant to clause 5, rule I, and the Chair’s U.S. border station in his honor is a fit- so many others viewed Bob Dole as prior announcement, further proceed- ting tribute to Congressman Kika de la more than just a war hero, which he ings on this motion will be postponed. Garza. I support this legislation, and I truly was, more than an able states- The point of no quorum is considered urge my colleagues to support the bill. man which also he truly was, and more withdrawn. Mr. Speaker, I reserve the balance of than an articulate voice for the dis- f my time. abled and veterans, which he truly was. Mr. TRAFICANT. Mr. Speaker, I To me he is someone who exemplifies GENERAL LEAVE yield myself such time as I may the heritage of Kansas, hard-working, Mr. KIM. Mr. Speaker, I ask unani- consume. determined and having the ability to mous consent that all Members may Mr. Speaker, I am very honored overcome great adversity. have 5 legislative days in which to re- today to participate in the passing of Like our State’s motto which means vise and extend their remarks on the this bill, being the sponsor of H.R. 994. ‘‘to the stars through difficulty,’’ Bob bill just considered. Kika de la Garza was just a great man. Dole rose to be one of the most distin- The SPEAKER pro tempore (Mr. I think the gentleman from California guished figures of this century and did GUTKNECHT). Is there objection to the [Mr. KIM] has outlined many of his con- so while overcoming tremendous obsta- request of the gentleman from Califor- tributions. I would just like to say that cles. His ascendancy to greatness began nia? he was the first Hispanic American to from his family’s humble beginnings in There was no objection. become a chair of a standing commit- Russell, KS, to the war-ravaged moun- f tee in this body, that being the Com- tains of northern Italy and ultimately KIKA DE LA GARZA UNITED mittee on Agriculture, and under his to serve as majority leader of the Unit- STATES BORDER STATION watchful eye legitimate substantive re- ed States. As a young man Bob Dole form legislation for the USDA was was a athlete and scholar, and like so Mr. KIM. Mr. Speaker, I move to sus- crafted that made many needed and many of his generation, went off with- pend the rules and pass the bill (H.R. important changes, and those changes out hesitation to defend his country. 994) to designate the U.S. border sta- helped America’s farmers and pro- On a snow-covered mountain in north- tion located in Pharr, TX, as the ‘‘Kika tected the public as well. That bill ulti- ern Italy he suffered near fatal wounds. de la Garza United States Border Sta- mately became law, and it made re- Later, after a difficult and prolonged tion’’. markable changes at USDA, and be- recovery, he returned to Kansas to fin- The Clerk read as follows: cause of Chairman de la Garza’s leader- ish his education utilizing the GI bill H.R. 997 ship and counsel the bill represented and embarked upon a public career we Be it enacted by the Senate and House of Rep- the right way to reinvent government, pay tribute to here today. resentatives of the United States of America in take government back to the people, Bob Dole’s appreciation for his boy- Congress assembled, and that is, I believe, the outstanding hood community and the State of Kan- SECTION 1. DESIGNATION. legacy of Kika de la Garza. sas is without question. As a reminder The United States border station located He never forgot the people that he in Pharr, Texas, shall be known and des- of where he came from and what ignated as the ‘‘Kika de la Garza United served. Throughout those 32 years he shaped his character throughout his States Border Station’’. fought tirelessly for his constituents, career, he kept a cigar box on his desk SEC. 2. REFERENCES. and he believed that all Americans and containing receipts of various con- Any reference in a law, map, regulation, especially every farmer was his specific tributions made by his neighbors and document, paper, or other record of the Unit- constituent, and how true he was. friends to help pay for his difficult re- ed States to the border station referred to in We miss that smile, we miss his covery after the war. Those receipts section 1 shall be deemed to be a reference to savvy, his common sense, and he al- might have been for a dollar, 5 cents, 15 the ‘‘Kika de la Garza United States Border ways had a good word, and if he did not cents, it did not matter. Collectively Station’’. have a good word, he saved his word. I they not only aided his rehabilitation, The SPEAKER pro tempore. Pursu- think everybody loved him. but they helped to find his sense of pur- ant to the rule, the gentleman from I would just like to add here that the pose and determination to give back to California [Mr. KIM] and the gentleman chairman, Kika de la Garza, was an a community that had given so much from Ohio [Mr. TRAFICANT] each will amateur linguist and gourmet cook; to him. control 20 minutes. that is right. And on many occasions b The Chair recognizes the gentleman he conversed with foreign dignitaries 1700 from California [Mr. KIM]. in their native tongue, to the surprise Many people have told me how years Mr. KIM. Mr. Speaker, I yield myself of people around the world at the scope ago they would pass the Russell Coun- such time as I may consume. and breath of his knowledge and intel- ty Courthouse late at night and notice Mr. Speaker, House Resolution 994 ligence. I am proud to have called him the second floor light on. It was the designates the United States border my friend, and I am honored to have light of the young county prosecutor station in Pharr, TX as the Kika de la sponsored this bill. named Bob Dole. Though his injuries Garza United States Border Station. Mr. Speaker, I reserve the balance of from the war required him to spend Kika de la Garza was a distinguished my time. long, additional hours at work, he Member of this body of 32 years. Dur- Mr. KIM. Mr. Speaker, I yield 2 min- never complained and continued to ing his tenure he became one of the utes to the gentleman from Kansas work tirelessly. most outspoken advocates for U.S. ag- [Mr. MORAN]. Later he went on to serve Kansas’s riculture. He was first elected to the (Mr. MORAN of Kansas asked and First Congressional District, which I House of Representatives in 1964. Since was given permission to revise and ex- am honored to serve, and then in the his first term in Congress he has been tend his remarks.) U.S. Senate. Senator Dole set an exam- a member of the Committee on Agri- Mr. MORAN of Kansas. Mr. Speaker, ple while in both the House and Senate. culture, from 1981 to 1994. Kika de la I appreciate the gentleman yielding It is his legacy that I must now at- Garza served as a chairman of this this time to me. I apologize for being a tempt to follow. committee and successfully oversaw few minutes late, but I rise today to Culminating his distinguished career the passage of three omnibus farm bills join my colleagues in seeking to honor in public service, Bob Dole was nomi- in 1981, 1985, and 1990. He has also been former Senator and Majority Leader nated by my party as the Presidential successful in securing Federal funds to Bob Dole by renaming the Federal candidate for the 1996 election. In provide water and sewer services to de- Court House located in Kansas City, achieving all of his great accomplish- pressed areas of Texas. KS the Robert J. Dole United States ments, Bob Dole served with character, The distinguished gentleman from Courthouse. I am extremely pleased to candor, and a cunning wit that cannot Texas retired from Congress at the end have the opportunity to officially rec- be matched. H7640 CONGRESSIONAL RECORD — HOUSE September 23, 1997 Mr. Speaker, renaming this Federal Court ican agriculture, encourage rural development, Representative de la Garza was also a House as the Robert J. Dole United States and improve human nutrition. friend to the citizens of the State of Texas. He Courthouse is a simple tribute to a great man Congressman de la Garza was also one of will be remembered for his steadfast dedica- and reflects our Nation's admiration and ap- Congress' leading experts on United States- tion and outstanding leadership in support of preciation for his service. Kansans especially Mexico relations and a proponent of greater better living and economic conditions, and for appreciate Senator Dole's dedication to them. trade with Mexico. In 1966, he became the his ardent support of the educational research His service will long be remembered. first Member of Congress from the Texas- and extension activities of Texas universities. Mr. TRAFICANT. Mr. Chairman, I would like Mexico border area to serve on the Mexico- I would like to offer the leadership of both to say a few words about H.R. 994, a bill to United States Interparliamentary Group, which parties my thanks for bringing this measure designate the border crossing station in Pharr, promotes dialog between legislators from the before the House for consideration. It is a fit- TX, in honor of Kika de la Garza. As you are two countries. He was an early congressional ting tribute to one of our former leaders. I urge aware, I am the sponsor of H.R. 994, a bill to supporter of opening negotiations with Mexico my colleagues to join me in support of this honor my friend and former colleague, Kika de to develop a free trade agreement and helped legislation. la Garza. He was the first Hispanic-American rally congressional support that led to approval Mr. GILMAN. Mr. Speaker, I rise to support to become a chair of a standing committee, of the North American Free Trade Agreement the designation of the Kika de la Garza U.S. the Agriculture Committee. [NAFTA]. Border Station. Representative de la Garza Under his watchful eye, reform legislation Throughout his career, Kika de la Garza has duly earned this honor for the dedication for USDA was crafted that made many need- also fought for Government policies that fos- he has demonstrated not only to the people of ed and important changesÐwithout eviscerat- tered better living and economic conditions for Texas but to the entire agricultural community ing those USDA programs that were effective all Americans but particularly in south Texas. of our Nation for the last 33 years. Kika de la Garza started humbly. His first and needed to help America's farmers and He obtained Federal funds to provide much- job was as a shoeshine boy on the streets of protected the public. The bill that ultimately needed water and sewer services to Texas' McAllen. His hard word and dedication earned became law made remarkable changes at impoverished colonias. He was a strong sup- porter of civil rights for all Americans, better him a seat in the Texas House of Representa- USDA. Because of Chairman de la Garza's tives in 1953, where he served until 1965. He leadership and sage counsel the bill rep- educational opportunities, and improved ac- cess to health care for the elderly, veterans, was elected to the U.S. House of Representa- resented the right way to reinvent Govern- tives in 1964 and served with us for 16 con- ment. and low-income individuals. He also supported policies to improve the Nation's infrastructure secutive terms. Throughout his 32-year career in Congress, In 1982, he became chairman of the House Kika never lost sight of the folks back home. and maintain a strong, cost-effective national defense. Agriculture Committee and served in this posi- He fought tirelessly for his constituents. He tion for 14 years. also proved to be an able and effective advo- Our entire Nation benefited from Kika de la Garza's service in Congress, and his legacy During that period he has shown selfless cate for American farmers. In no small meas- dedication to the people of our Nation who ure because of his leadership, American agri- includes an agricultural system that continues to lead and feed the world, better relations earned their livelihood from the land and who culture remains the envy of the world. grow food for all of us. He has focused the Kika also is an amateur linguist and gour- and expanded trade with Mexico and other na- tions, and a better quality of life for many Tex- spotlight on important issues such as drought met cook. On many occasions he conversed relief, pesticide use, and land preservation. with foreign dignitaries in their native tongue. ans and Americans. I am pleased to join my colleagues in honoring Kika de la Garza and Due to his efforts, he made the Agriculture Personally, Kika is my friend. I am proud to Committee one of the least partisan in the sponsor this legislation. in urging approval of this legislation to des- ignate the Kika de la Garza United States Bor- House. Mr. BENTSEN. Mr. Speaker, I rise in strong Accordingly, I strongly urge my colleagues support of H.R. 994 to designate the U.S. bor- der Station. Ms. JACKSON-LEE of Texas. Mr. Speaker, to join with me in support of the designation of der station located in Pharr, TX, as the ``Kika I rise this afternoon in support of H.R. 994, the Kika de la Garza U.S. Border House. It is de la Garza U.S. Border Station.'' I believe legislation designating the Kika de la Garza rare to honor someone who is so deserving of this is an appropriate way to honor Congress- U.S. Border Station in honor of our former this kind of accolade. man de la Garza's many years of service to Mr. TRAFICANT. Mr. Speaker, I Democratic colleague from my home State of the United States and the State of Texas, dur- have no further requests for time, I Texas. This legislation is a fitting honor to a ing which he provided tremendous leadership urge the adoption of the bill, and I great legislator. in support of agriculture, economic growth of Born in 1927, Kika de la Garza is currently yield back the balance of my time. Mr. KIM. Mr. Speaker, I yield back south Texas, improved relations with Mexico, husband to Lucille and the father of three chil- the balance of my time. a better quality of life for residents along the dren. He attended Edinburg Junior College, The SPEAKER pro tempore. The border, and many other issues. received his law degree from St. Mary's Uni- question is on the motion offered by I am honored to have had the opportunity to versity in San Antonio, TX, and practiced law the gentleman from California [Mr. serve in Congress with Kika de la Garza, even in southern Texas. De la Garza was a U.S. ar- KIM] that the House suspend the rules if for only 2 of his 32 years in this body. He tillery officer in Korea. and pass the bill, H.R. 994. is an example to all of us of a true gentleman Former Representative de la Garza began The question was taken; and (two- and public servant who brought honor to this his career in public service as a six-term thirds having voted in favor thereof) House through the civility, respect, and com- Member of the Texas House of Representa- the rules were suspended and the bill mitment to doing what is right that he brought tives. In 1964, he was elected by the people was passed. to conducting the people's business. He is of the 15th Congressional District of Texas to also a true Texan who worked with his col- A motion to reconsider was laid on represent them in the U.S. House of Rep- the table. leagues from both sides of the aisle to further resentatives. After 32 years of service de la f the best interests of our State. Garza retired from public office in December Congressman de la Garza is best remem- 1996. GENERAL LEAVE bered for his leadership on behalf of American A member of the House Agriculture Commit- Mr. KIM. Mr. Speaker, I ask unani- agriculture. He served as chairman of the Ag- tee beginning in 1965, Representatives de la mous consent that all Members may riculture Committee for a longer interrupted Garza served as chairman of the committee have 5 legislative days within which to period than anyone else in history and pre- from 1981 to 1994. In that role Representa- revise and extend their remarks on sided over the drafting and successful enact- tives de la Garza was a true friend of agri- H.R. 994. ment of three major omnibus farm bills, 1981, culture. He was a strong supporter of the agri- The SPEAKER pro tempore. Is there 1985, and 1990, that have reformed our Na- culture industry and cast many deciding votes objection to the request of the gen- tion's agricultural policies. He also guided ef- for the industry over thee years. He will be re- tleman from California? forts to reduce the cost of agricultural pro- membered for his faithful commitment to farm- There was no objection. grams through several deficit reduction bills ers, ranchers, and U.S. agricultural industry. f that have been approved by Congress. His Representative de la Garza's accomplish- other legislative accomplishments include leg- ments during his career included support of RONALD H. BROWN FEDERAL islation to streamline the agricultural lending farm legislation, an overhaul of the agricultural BUILDING system, strengthen Federal pesticide laws, lending system, and reform in Federal crop in- Mr. KIM. Mr. Speaker, I move to sus- and various other measures to assist Amer- surance and pesticide law. pend the rules and pass the bill (H.R. September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7641 29) to designate the Federal building when you can see someone soar with striving to bring people together. He was a located at 290 Broadway in New York, the eagles and able to perform for our man who was always in the arena striving for NY, as the ‘‘Ronald H. Brown Federal great Nation, and you remembered him greatness and truly embodied what is right in Building.’’ from the streets of Lennox Avenue in America. With his death, America lost a tre- The Clerk read as follows: Harlem, remembered him as a kid in a mendous leader. H.R. 29 hotel where his dad was the manager of Having served as the first African-American Be it enacted by the Senate and House of Rep- that hotel, and I, of course, served as a Secretary of Commerce, Ron Brown was al- resentatives of the United States of America in desk clerk there. I remember him ways seeking to bridge the racial divide in our Congress assembled, going to school, working late in law country and worked hard to create and protect SECTION 1. DESIGNATION. school at night, and at the same time, American jobs. He brought a sense of energy The Federal building located at 290 Broad- fighting for people’s rights with the and creativity to the Commerce Department way in New York, New York, shall be known Urban League. which allowed him to successfully rally labor and designated as the ‘‘Ronald H. Brown To see him succeed and still not lose and management, Republicans and Demo- Federal Building’’. any of the grace that he had when he crats, and foreign governments with American SEC. 2. REFERENCES. interests. This was most evident in the strong Any reference in a law, map, regulation, was a younger man and to move up document, paper, or other record of the Unit- even further to become our great Sec- support that the private sector had shown for ed States to the Federal building referred to retary of Commerce, I think it honors the Department. in section 1 shall be deemed to be a reference not just the people from the Harlem Today, the House will pass this legislation to the ‘‘Ronald H. Brown Federal Building’’. that I come from, but those commu- which represents a small, yet meaningful, ges- The SPEAKER pro tempore. Pursu- nities throughout this great Nation of ture of our admiration and appreciation for a ant to the rule, the gentleman from ours that have so little hope for them- man whom many considered the best Sec- California [Mr. KIM] and the gentleman selves that vicariously they can see retary of Commerce ever. I am sure that Alma from Ohio [Mr. TRAFICANT] each will that any American, regardless of his or and the entire Brown family is proud to see control 20 minutes. her background or their color, that our this building named in honor of Ron Brown. I The Chair recognizes the gentleman country would not be able to clamp the applaud the leadership in bringing this legisla- from California [Mr. KIM]. personality, the pride, and the distin- tion to the floor and join with my colleagues in Mr. KIM. Mr. Speaker, I yield myself guishing features that he had to make supporting H.R. 29 and allowing the legacy of such time as I may consume. our Nation even greater. So we have al- Ron Brown to live on in the Federal building Mr. Speaker, House Resolution 29 ready passed this bill, and it was not located at 290 Broadway in New York City. designates the Federal building located worked on by the other side. I do hope Mr. TRAFICANT. Mr. Speaker, I join Mr. RANGEL in supporting H.R. 29 a bill to des- at 490 Broadway, New York City, as the that we are successful this time, that ignate the new Federal building at 290 Broad- Ronald H. Brown Federal Building. we all can persuade the Senate to basi- way in New York City as the Ron Brown Fed- Ronald H. Brown was the first African- cally do the right thing. American Secretary of Commerce. He Mr. TRAFICANT. Mr. Speaker, I eral Building. Ron Brown was an extraordinary manÐa was a strong advocate for economic de- yield myself such time as I may leader who gave his boundless energy and velopment, promoting United States consume. enthusiasm to numerous causes. He served exports, technology, and entrepreneur- Mr. Speaker, I want to associate my- as an army captain, vice president of the Na- ship throughout the world, in pursuit self with those remarks. I would like to tional Urban League, counsel to the Senate of accelerating the Nation’s economic say that were it not for the political Judiciary Committee, and was the first African- growth and the creation of new job op- savvy, acumen, and skill, we may not American Secretary of Commerce. portunities for America. have had a President by the name of He was an attorney, a trusted adviser, Secretary Brown was also a dedicated William Jefferson Clinton. Ron did a friend, husband, and father. advocate for the Department of Com- tremendous job in bringing the Demo- It is most fitting to honor Ron Brown by des- merce. He avidly pursued the Depart- crat Party forward, working out many ignating the new Federal building in his home- ment’s mission to ensure economic op- of the problems, and as Secretary of town of New York as the Ron Brown Federal portunity for all the citizens of the Commerce he advanced the interests of Building. United States and provided a strong the business concerns of the United Mr. BISHOP. Mr. Speaker, I rise today to voice for business in the Presidential States of America around the world. pay tribute to a friend and great American, Cabinet. He was a leader, he was a fighter, he Ronald H. Brown or as he was known to mil- Secretary Brown was killed in a was tenacious, and he was a kind and lions of people around the world, those who plane crash in April 1996 while overseas gentle person and he cared for people. knew him well and those who barely knew on an economic development mission. It is absolutely fitting that we join him, Ron. This fact alone, is a testament to He is survived by his wife and two chil- forces with the gentleman from New the great charisma that Ron possessed and dren, a son and daughter. This is a fine York [Mr. RANGEL] here today and pass indeed, the true mark of a statesman. tribute to his memory. I support this this. Ron worked tirelessly as the Secretary of legislation. Let me say this to the gentleman Commerce to forge new ground for U.S. com- Mr. Speaker, I reserve the balance of from California [Mr. KIM], we will need merce and create new jobs for all Americans. my time. all the help of the gentleman from He traveled the world seeking out new oppor- Mr. TRAFICANT. Mr. Speaker, I Pennsylvania [Mr. SHUSTER] and every- tunities for U.S. businesses. It was on one of yield such time as he may consume to one on that side of the aisle, because these fateful trips that Ron lost his life in an the gentleman from New York [Mr. this is a fitting tribute and naming and airplane crash on a hill in Bosnia. Ron made RANGEL], the author of this bill, one of we will need help with the other body. the ultimate sacrifice for something he be- the strongest Members in the Congress I thank the gentleman for working lieved inÐthe United States of America. and leader on tax and trade issues. with us on this issue and his staff. It is fitting that this building that houses Fed- (Mr. RANGEL asked and was given Mr. HOYER. Mr. Speaker, it is with great eral agencies and the site of the recently dis- permission to revise and extend his re- pleasure that I rise today in support of H.R. covered African slave burial ground, serve as marks.) 29, a bill designating a Federal building in a memorial to this American son who worked Mr. RANGEL. Mr. Speaker, I thank New York City as the ``Ronald H. Brown Fed- so hard and gave so much to make this coun- the ranking member of the committee, eral Building.'' I want to recognize the efforts try an even greater one. the subcommittee chairman, the mem- of Representative RANGEL who introduced this I encourage all my colleagues to join me in bers of the committee and the entire legislation in January with 25 cosponsors. designating this Federal building the Ronald committee for considering this great Mr. Speaker, as you know, in April 1996, 33 H. Brown Federal building as a tribute to one honor we pay to one of our own who Americans including Secretary Ron Brown, of America's hardest working public servants, was in Government. The reason I am so employees of the Department of Commerce, Ronald H. Brown. close to this is because I come from business leaders, and military personnel died Mr. TRAFICANT. Mr. Speaker, I that same community that the late in a plane crash in Croatia. Ron Brown spent yield back the balance of my time. Ron Brown did come from, and it just his entire life as a consensus builder working The SPEAKER pro tempore. The makes you feel more of an American hard for his family and his Nation, constantly question is on the motion offered by H7642 CONGRESSIONAL RECORD — HOUSE September 23, 1997 the gentleman from California [Mr. litical philosophies, religions and walks of serve for a term of 4 years, except that of the KIM] that the House suspend the rules life responded with unprecedented solidarity members first appointed, 2 shall serve for a and pass the bill, H.R. 29. and selflessness; and term of 3 years; and 2 shall serve a term of The question was taken. (7) Given the national and international 2 years. Any vacancy in the Board shall be impact and reaction, the federal character of filled in the same manner in which the origi- Mr. BASS. Mr. Speaker, I object to the site of the bombing, and the significant nal appointment was made, and any member the vote on the ground that a quorum percentage of the victims and survivors who appointed to fill a vacancy shall serve for the is not present and make the point of were federal employees the Oklahoma City remainder of that term for which his or her order that a quorum is not present. Memorial will be established, designed, man- predecessor was appointed. No appointed The SPEAKER pro tempore. Pursu- aged and maintained to educate present and member may serve more than 8 years in con- ant to clause 5, rule I, and the Chair’s future generations, through a public/private secutive terms. prior announcement, further proceed- partnership, to work together efficiently and (3) QUORUM.—Five members of the Board respectfully in developing a National Memo- shall constitute a quorum for the conduct of ings on this motion will be postponed. rial relating to all aspects of the April 19, The point of no quorum is considered business by the Board. 1995, bombing in Oklahoma City. (4) ORGANIZATION AND COMPENSATION.—The withdrawn. SEC. 3. DEFINITIONS. Board shall organize itself in such a manner f In this Act: as it deems most appropriate to effectively (1) MEMORIAL.—The term ‘‘Memorial’’ carry out the authorized activities of the GENERAL LEAVE means the Oklahoma City National Memo- Trust. Board members shall serve without Mr. KIM. Mr. Speaker, I ask unani- rial designated under section 4(a). pay, but may be reimbursed for the actual (2) SECRETARY.—The term ‘‘Secretary’’ and necessary travel and subsistence ex- mous consent that all Members may means the Secretary of the Interior. have 5 legislative days within which to penses incurred by them in the performance (3) TRUST.—The term ‘‘Trust’’ means the of the duties of the Trust. revise and extend their remarks and in- Oklahoma City National Memorial Trust (5) LIABILITY OF DIRECTORS.—Members of clude extraneous material on H.R. 29. designated under section 5(a). the Board of Directors shall not be consid- The SPEAKER pro tempore. Is there SEC. 4. OKLAHOMA CITY NATIONAL MEMORIAL. ered Federal employees by virtue of their objection to the request of the gen- (a) ESTABLISHMENT.—In order to preserve membership on the Board, except for pur- tleman from California? for the benefit and inspiration of the people poses of the Federal Tort Claims Act and the There was no objection. of the United States and the World, as a Na- Ethics in Government Act, and the provi- tional Memorial certain lands located in sions of chapter 11 of title 18, United States f Oklahoma City, Oklahoma, there is estab- Code. lished as a unit of the National Park System (6) MEETINGS.—The Board shall meet at OKLAHOMA CITY NATIONAL the Oklahoma City National Memorial. The MEMORIAL ACT OF 1997 least three times per year in Oklahoma City, Memorial shall be administered by the Trust Oklahoma and at least two of those meetings Mr. HANSEN. Mr. Speaker, I move to in cooperation with the Secretary and in ac- shall be opened to the public. Upon a major- cordance with the provisions of this Act, the ity vote, the Board may close any other suspend the rules and pass the Senate Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. meetings to the public. The Board shall es- bill (S. 871) to establish the Oklahoma 1 et. seq.), and the Act of August 21, 1935 (49 tablish procedures for providing public infor- City National Memorial as a unit of Stat 666; 16 U.S.C. 461–467). the National Park System; to des- (b) The Memorial area shall be comprised mation and opportunities for public com- of the lands, facilities and structures gen- ment regarding operations maintenance and ignate the Oklahoma City Memorial management of the Memorial; as well as, Trust, and for other purposes, as erally depicted on the map entitled ‘‘Okla- homa City National Memorial’’, numbered policy, planning and design issues. amended. OCNM 001, and dated May 1997 (hereinafter (7) STAFF.— The Clerk read as follows: referred to in this Act as the ‘‘map’’): (A) NON-NATIONAL PARK SERVICE STAFF.— S. 871 (1) Such map shall be on file and available The Trust is authorized to appoint and fix the compensation and duties of an executive Be it enacted by the Senate and House of Rep- for public inspection in the appropriate of- director and such other officers and employ- resentatives of the United States of America in fices of the National Park Service and the ees as it deems necessary without regard to Congress assembled, Trust. (2) After advising the Committee on En- the provisions of title 5, United States Code, SECTION 1. SHORT TITLE. ergy and Natural Resources of the Senate governing appointments in the competitive This Act may be cited as the ‘‘Oklahoma and the Committee on Resources of the service, and may pay them without regard to City National Memorial Act of 1997’’. House of Representatives, in writing, the the provisions of chapter 51, and subchapter SEC. 2 FINDINGS AND PURPOSES. Trust, as established by section 5 of this Act, III of chapter 53, title 5, United States Code, (a) FINDINGS.—Congress finds that— in consultation with the Secretary, may relating to classification and General Sched- (1) few events in the past quarter-century make minor revisions of the boundaries of ule pay rates. have rocked Americans’ perception of them- the Memorial when necessary by publication (B) INTERIM PARK SERVICE STAFF.—At the selves and their institutions, and brought to- of a revised drawing or other boundary de- request of the Trust, the Secretary shall pro- gether the people of our Nation with greater scription in the Federal Register. vide for a period not to exceed 2 years, such intensity than the April 19, 1995, bombing of SEC. 5. OKLAHOMA CITY NATIONAL MEMORIAL personnel and technical expertise, as nec- the Alfred P. Murrah Federal Building in TRUST. essary, to provide assistance in the imple- downtown Oklahoma City; (a) ESTABLISHMENT.—There is established a mentation of the provisions of this Act. (2) the resulting deaths of 168 people, some wholly owned government corporation to be (C) PARK SERVICE STAFF.—At the request of of whom were children, immediately touched known as the Oklahoma City National Me- the Trust, the Secretary shall provide such thousands of family members whose lives morial Trust. uniformed personnel, on a reimbursable will forever bear scars of having those pre- (b) BOARD OF DIRECTORS.— basis, to carry out day to day visitor service cious to them taken away so brutally; (1) IN GENERAL.—The powers and manage- programs. (3) suffering with such families are count- ment of the Trust shall be vested in a board (D) OTHER FEDERAL EMPLOYEES.—At the re- less survivors, including children, who strug- of Directors (hereinafter referred to as the quest of the Trust, the Director of any other gle not only with the suffering around them, ‘‘Board’’) consisting of the following 9 mem- Federal agency may provide such personnel, but their own physical and emotional inju- bers: on a reimbursable basis, to carry out day to ries and with shaping a life beyond April 19; (A) The Secretary or the Secretary’s des- day visitor service programs. (4) such losses and struggles are personal ignee. (8) NECESSARY POWERS.—The Trust shall and, since they resulted from so public an at- (B) Eight individuals, appointed by the have all necessary and proper powers for the tack, they are also shared with a commu- President, from a list of recommendations exercise of the authorities vested in it. nity, a nation, and the world; and, submitted by the Governor of the State of (9) TAXES.—The Trust and all properties (5) the story of the bombing does not stop Oklahoma; and a list of recommendations administered by the Trust shall be exempt with the attack itself or with the many submitted by the Mayor of Oklahoma City, from all taxes and special assessments of losses it caused. The responses of Oklaho- Oklahoma; and a list of recommendations every kind by the State of Oklahoma, and its ma’s public servants and private citizens, submitted by the United States Senators political subdivisions including the county and those from throughout the nation, re- from Oklahoma; and, a list of recommenda- of Oklahoma and the city of Oklahoma City. main as a testament to the sense of unity, tions submitted by United States Represent- (10) GOVERNMENT CORPORATION.— compassion, even heroism, that character- atives from Oklahoma. The President shall (A) The Trust shall be treated as a wholly ized the rescue and recovery following the make the appointments referred to in this owned Government corporation subject to bombing. subparagraph within 90 days after the enact- chapter 91 of title 31, United States Code (6) During the days immediately following ment of this Act. (commonly referred to as the Government the Oklahoma City bombing, Americans and (2) TERMS.—Members of the Board ap- Corporation Control Act). Financial state- people from around the world of all races, po- pointed under paragraph (1)(B) shall each ments of the Trust shall be audited annually September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7643 in accordance with section 9105 of title 31 of this Act. In furtherance of the general pur- shall, among other actions, exchange, sell, the United States Code. poses of this Act, the Secretary and the lease, donate, or otherwise dispose of the site (B) At the end of each calendar year, the Trust shall enter into a Cooperative Agree- of the Alfred P. Murrah Federal Building, or Trust shall submit to the Committee on En- ment pursuant to which the Secretary shall a portion thereof, to the Trust. Any such dis- ergy and Natural Resources of the United provide technical assistance for the plan- posal shall not be subject to— States Senate and the Committee on Re- ning, preservation, maintenance, manage- (1) the Public Buildings Act of 1959 (40 sources of the House of Representatives a ment, and interpretation of the Memorial. U.S.C. 601 et seq.); comprehensive and detailed report of its op- The Secretary also shall provide such main- (2) the Federal Property and Administra- erations, activities, and accomplishments for tenance, interpretation, curatorial manage- tive Services Act of 1949 (40 U.S.C. et seq.); or the prior fiscal year. The report also shall in- ment, and general management as mutually (3) any other Federal law establishing re- clude a section that describes in general agreed to by the Secretary and the Trust. quirements or procedures for the disposal of terms the Trust’s goals for the current fiscal (d) DONATIONS.—The Trust may solicit and Federal property. year. accept donations of funds, property, supplies, SEC. 9. GENERAL ACCOUNTING OFFICE STUDY. SEC. 6. DUTIES AND AUTHORITIES OF THE or services from individuals, foundations, (a) Six years after the first meeting of the TRUST. corporations, and other private or public en- Board of Directors of the Trust, the General (a) OVERALL REQUIREMENTS OF THE tities for the purposes of carrying out its du- Accounting Office shall conduct an interim TRUST.—The Trust shall administer the oper- ties. study of the activities of the Trust and shall ation, maintenance, management and inter- (e) PROCEEDS.—Notwithstanding section report the results of the study to the Com- pretation of the Memorial including, but not 1341 of title 31 of the United States Code, all mittee on Energy and Natural Resources and limited to, leasing, rehabilitation, repair and proceeds received by the Trust shall be re- the Committee on Appropriations of the improvement of property within the Memo- tained by the Trust, and such proceeds shall United States Senate, and the Committee on rial under its administrative jurisdiction be available, without further appropriation, Resources and Committee on Appropriations using the authorities provided in this sec- for the administration, operation, preserva- of the House of Representatives. The study tion, which shall be exercised in accordance tion, restoration, operation and mainte- shall include, but shall not be limited to, de- with— nance, improvement, repair and related ex- tails of how the Trust is meeting its obliga- (1) the provisions of law generally applica- penses incurred with respect to Memorial tions under this Act. ble to units of the National Park Service, in- properties under its administrative jurisdic- The SPEAKER pro tempore. Pursu- cluding: ‘‘An Act to establish a National tion. The Secretary of the Treasury, at the ant to the rule, the gentleman from Park Service, and for other purposes’’ ap- option of the Trust shall invest excess mon- proved August 25, 1916 (39 Stat. 535; 16 U.S.C. ies of the Trust in public debt securities Utah [Mr. HANSEN] and the gentleman 1, 2–4); which shall bear interest at rates determined from Guam [Mr. UNDERWOOD] each will (2) the Act of August 21, 1935 (49 Stat. 666; by the Secretary of the Treasury taking into control 20 minutes. U.S.C. 461–467; consideration the current average market The Chair recognizes the gentleman (3) the general objectives of the ‘‘Memorial yield on outstanding marketable obligations from Utah [Mr. HANSEN]. Mission Statement’’, adopted March 26, 1996, of the United States of comparable maturity. Mr. HANSEN. Mr. Speaker, I yield by the Oklahoma City Memorial Foundation; (f) SUITS.—The Trust may sue and be sued myself such time as I may consume. (4) the ‘‘Oklahoma City Memorial Founda- in its own name to the same extent as the Mr. Speaker, H.R. 1849 was intro- tion Intergovernmental Letter of Under- Federal Government. Litigation arising out duced on June 10, 1997, by the gen- of the activities of the Trust shall be con- standing’’, dated, October 28, 1996; and tleman from Oklahoma [Mr. LUCAS]. (5) the Cooperative Agreement to be en- ducted by the Attorney General; except that the Trust may retain private attorneys to The purpose of the bill is to establish tered into between the Trust and the Sec- the Oklahoma City National Memorial retary pursuant to this Act. provide advice and counsel. The District (b) AUTHORITIES.— Court for the Western District of Oklahoma as a unit of the National Park System, (1) The Trust may participate in the devel- shall have exclusive jurisdiction over any to designate the Oklahoma City Memo- opment of programs and activities at the suit filed against the Trust. rial Trust, and for other purposes. properties designated by the map, and the (g) BYLAWS, RULES AND REGULATIONS.—The H.R. 1849 focuses on the terrorist Trust shall have the authority to negotiate Trust may adopt, amend, repeal, and enforce bombing at the Alfred P. Murrah Fed- and enter into such agreements, leases, con- bylaws, rules and regulations governing the eral Building in Oklahoma City, OK, on tracts and other arrangements with any per- manner in which its business may be con- April 19, 1995. The purposes and find- son, firm, association, organization, corpora- ducted and the powers vested in it may be ings refer to the death of 168 men, tion or governmental entity, including, with- exercised. The Trust is authorized, in con- sultation with the Secretary, to adopt and to women, and children, the heroic rescue out limitation, entities of Federal, State and efforts that followed in the aftermath, local governments as are necessary and ap- enforce those rules and regulations that are propriate to carry out its authorized activi- applicable to the operation of the National and the national and international im- ties. Any such agreements may be entered Park System and that may be necessary and pact of this event. into without regard to section 321 of the Act appropriate to carry out its duties and re- H.R. 1849 establishes the Oklahoma of June 30, 1932 (40 U.S.C. 303b). sponsibilities under this Act. The Trust shall City National Memorial as a unit of (2) The Trust shall establish procedures for give notice of the adoption of such rules and the National Park System. The con- lease agreements and other agreements for regulations by publication in the Federal cept is to have an interactive learning use and occupancy of Memorial facilities, in- Register. museum, an institute dedicated to the (h) INSURANCE.—The Trust shall require cluding a requirement that in entering into prevention of terrorism and violence, such agreements the Trust shall obtain rea- that all leaseholders and contractors procure proper insurance against any loss in connec- and, finally, a landscape memorial con- sonable competition. sisting of the formal Federal building (3) The Trust may not dispose of or convey tion with properties under lease or contract, fee title to any real property transferred to or the authorized activities granted in such site and surrounding area. it under this Act. lease or contract, as is reasonable and cus- H.R. 1849 designates a wholly-owned (4) Federal laws and regulations governing tomary. governmental corporation, the Okla- procurement by Federal Agencies shall not SEC. 7. LIMITATIONS ON FUNDING. homa City Memorial Trust, to design, apply to the Trust, with the exception of (a) AUTHORIZATION OF APPROPRIATIONS.— construct, interpret, operate, and laws and regulations related to Federal Gov- (1) IN GENERAL.—In furtherance of the pur- maintain the memorial under a cooper- ernment contracts governing working condi- poses of this Act, there is hereby authorized ative agreement with the National the sum of $5,000,000, to remain available tions, and any civil rights provisions other- Park Service. The Trust will raise $14 wise applicable thereto. until expended. (2) MATCHING REQUIREMENT.—Amounts ap- million or more from donations to (5) The Trust, in consultation with the Ad- carry out the provisions of this bill. ministrator of Federal Procurement Policy, propriated in any fiscal year to carry out the shall establish and promulgate procedures provisions of this Act may only be expended The bill requires that expenditures will applicable to the Trust’s procurement of on a matching basis in a ratio of at least one be on a matching basis in a ratio of at goods and services including, but not limited non-Federal dollar to every Federal Dollar. least one non-Federal dollar for each to, the award of contracts on the basis of For the purposes of this provision, each non- Federal dollar. contractor qualifications, price, commer- Federal dollar donated to the Trust or to the Mr. Speaker, the gentleman from cially reasonable buying practices, and rea- Oklahoma City Memorial Foundation for the Oklahoma [Mr. LUCAS] should be com- sonable competition. creation, maintenance, or operation of the mended for the introduction of H.R. Memorial shall satisfy the matching dollar (c) MANAGEMENT PROGRAM.—Within one 1849. This is truly a unique approach to year after the enactment of this Act, the requirement without regard to the fiscal Trust, in consultation with the Secretary, year in which such donation is made. the establishment of a unit of the Na- shall develop a cooperative agreement for SEC. 8. ALFRED P. MURRAH FEDERAL BUILDING. tional Park Service. This is an ex- management of those lands, operations and (a) Prior to the construction of the Memo- tremely innovative initiative from citi- facilities within the Memorial established by rial the Administrator of General Services zens to local government, to the State H7644 CONGRESSIONAL RECORD — HOUSE September 23, 1997 government, and, finally, to the Fed- This legislation establishes the Okla- Over the past years, I have had the eral Government, forming a partner- homa City National Memorial as a unit privilege and opportunity to help ease ship that is coordinated with the pri- of the National Park System. The me- the burden on Oklahoma City that it vate sector and citizen involvement. morial will be managed by the Okla- has borne as a result of this devastat- This broad-based local and State ap- homa City National Memorial Trust ing tragedy, and this is what brings me proach to addressing the national issue through a cooperative agreement with here today. Given the national and is what we in Congress should have the National Park Service. Working to- international impact and reaction, the been talking about for years. The citi- gether, I am sure the Trust and the Na- Federal character of the site of the zens of Oklahoma have presented a tional Park Service will provide a fit- bombing and the significant percentage truly world class memorial to the Con- ting memorial to a tragic day in Amer- of victims and survivors who were Fed- gress to support. ican history. eral employees, a national memorial Mr. Speaker, I encourage all my col- I ask all Members to support this leg- designation is highly appropriate. This leagues to support this worthy legisla- islation. legislation heralds the spirit, deter- tion. Mr. Speaker, I reserve the balance of mination and hopes of Oklahomans and Mr. Speaker, I reserve the balance of my time. all Americans who have persevered in my time. Mr. HANSEN. Mr. Speaker, I yield the wake of such a tragic event. Mr. UNDERWOOD. Mr. Speaker, I such time as he may consume to the This memorial will be established, yield myself such time as I may distinguished gentleman from Okla- designed, managed, and maintained to consume. homa [Mr. LUCAS], the sponsor of this educate present and future genera- (Mr. UNDERWOOD asked and was legislation. tions. Through a comprehensive coop- given permission to revise and extend Mr. LUCAS of Oklahoma. Mr. Speak- erative agreement, the Oklahoma City his remarks.) er, I rise today in support of S. 871, the Memorial Trust will work together ef- Mr. UNDERWOOD. Mr. Speaker, Oklahoma City National Memorial Act ficiently and respectfully with the Na- along with the rest of the world, I of 1997. I am a sponsor of the compan- tional Park Service in developing a na- stood in shock and silence on April 19, ion language, H.R. 1849, which was re- tional memorial relating to all aspects 1995, as I watched the TV news ac- ported out of the Committee on Re- of the April 19, 1995 bombing. Mr. counts of the bombing of the Alfred P. sources by unanimous vote on Wednes- Speaker, I wholeheartedly believe this Murrah Federal Building in Oklahoma day, September 17. An amendment in memorial deserves to be designated a the nature of a substitute was offered City. national memorial. My thoughts went immediately to by the gentleman from Colorado [Mr. So as to not further burden the Fed- the people who worked inside the build- HEFLEY]. The language in the sub- eral Government and the National ing. I wanted to believe that maybe the stitute amendment was agreed upon by Park Service, this legislation is unique building was empty or maybe the chil- all parties involved. in its approach toward establishing a Mr. Speaker, I commend Chairman dren in the daycare center were at a unit of the National Park System. The HANSEN’s Subcommittee on National city park far away. But seeing the de- memorial will be a local, State and Parks and Public Lands and their staff struction, I knew of the carnage that Federal Government partnership, with for their hard work they have done on would be. The building was filled with coordination with private sector and this legislation. people, and 168 innocent victims lost public donations. It will consist of I would also like to thank the gen- their lives. three distinct components: an inter- tleman from Alaska, Chairman YOUNG, Then, just as we were trying to grasp active learning museum, an institute and the ranking member, the gen- the tragedy before us, we were forced dedicated to the prevention of crime tleman from California, Mr. MILLER, of to face the realization that this horren- and violence, and a remembrance com- the Committee on Resources for their dous act was carried out by an Amer- ponent. The memorial’s remembrance support and efforts to move this legis- ican and the victims selected solely be- component design was unanimously lation as expeditiously as is possible. cause they worked for the Federal Gov- This historic legislation is a huge chosen through an extensive inter- ernment. step in the healing process for the peo- national design competition, which Mr. Speaker, my thoughts were then ple of my State and the entire Nation. drew entries from all 50 States and 23 and continue to be with the families When a massive bomb exploded in front countries. and friends of those killed or wounded The love and respect Oklahoma City of the Alfred P. Murrah Federal Build- in the blast. To lose a loved one under has received since being thrust into the ing on April 19, 1995, it shook Okla- any circumstances is painful, but to national spotlight was most evident in homa City’s foundations and shocked have it happen through such a random the vast participation and outpouring the Nation. Few events in history have and cowardly act must be almost un- during the international design com- rocked America’s perception of them- bearable. It is, therefore, extremely ap- petition. The winning design will be a selves and their institutions and propriate that a memorial be estab- fabulous beacon drawing mankind to a brought together the people of our lished at the scene of the attack and site that will remind us of our Nation’s great Nation with the intensity equal supported by the Federal Government. greatness. This Nation, as has been to this devastating crime. I agree with the recommended proven many times in the past, will not themes developed by the Memorial b 1715 be defeated by forces that seek to di- Task Force, which spent a year talking Although those losses and struggles vide us. On August 13, President Clin- and listening to people about a fitting are personal, they resulted from a pub- ton put his seal of support on this me- memorial site. As recommended, this lic attack and are shared by my heart- morial and embraced the design in a site should be a place of remembrance land community, the Nation, and the Rose Garden ceremony. of both victims and survivors as indi- world. S. 871 provides for establishment of a viduals. One of my district offices is less than unit of the National Park Service and It should bring peace to the visitor, a block and a half away from that ill- authorizes a wholly-owned government along with spirituality and hope. The fated building. When I saw the damage corporation, the Oklahoma City Na- cherished children need their own place to my office, so near to ground zero, tional Memorial Trust. As the entity within the memorial designed for their the disbelief that I shared with my responsible, through a cooperative size and their ability to learn. Further, staff will never be forgotten. agreement with the Park Service for the memorial should be a comfort to As my colleagues can well imagine, the administration, operation, mainte- any visitor, and provide recognition for there is no legislative road map to fol- nance, management and interpretation all those who responded to help those low in the wake of this tragic event. It of the site, the cooperative agreement, in need. is both gratifying and a bit dishearten- as provided by this legislation, states Finally, the memorial needs to be a ing to realize that much of my legisla- that the Secretary of the Interior will place of learning for all those who tive agenda in my short career in the provide technical assistance for plan- visit, so the tragedy is never to be for- House has been shaped by such an evil ning, preservation, maintenance, cura- gotten. act. tor management and the interpretation September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7645 of the site as mutually agreed to with This, I think, will bear close scru- People came from across the country, the Trust. tiny. I do not suspect that there are and the donations for this will come What has been most gratifying to me problems with this, but there is the po- from businesses, from individuals, from during this process is the good char- tential for issues to arise and mis- housewives, from school children, from acter of Oklahomans that continue to understandings to occur with regards family and friends, and it is going to be on display in their asking the Fed- to this. So I will be closely watching remind me, Mr. Speaker, of the phe- eral Government for financial assist- this, as I am certain will the Members nomena that we saw. There are a lot of ance for this meaningful project. The of Congress, to see that this is executed people who were doing rescue work in memorial trust is refusing to accept a properly and that it does attain those Oklahoma, and they would take a dol- dollar of Federal funding unless it is high standards. lar bill out of their pocket and they matched dollar for dollar by private do- People around the world, frankly, would say, that is an Oklahoma dollar, nations. have come to expect a certain degree of because when I was with one of the res- Mr. Speaker, I urge my colleagues to excellence from our National Park cue teams that came to Oklahoma, support this worthwhile legislation. Service, a system and an organization, they would say, I tried when I had time Mr. UNDERWOOD. Mr. Speaker, I I think, which most of us are very away to buy a meal or to pay for some- yield such time as he may consume to proud of, and we hope that this model, thing, but as soon as somebody knew the gentleman from Minnesota [Mr. these amendments that were added to that I had come to help, they would not VENTO]. it, after some discussion in the House, let me spend my money. Everything Mr. VENTO. Mr. Speaker, I rise in will accomplish the objective of keep- was given to me, was provided, by the support of the measure, and I want to ing that quality intact in this particu- good people of this State, and that is commend my colleagues from Okla- lar park unit and across the 375 units the same spirit in which this memorial homa who have worked on this, as well that comprise the National Park Sys- is being created. as the staff from the Committee on Re- tem today. Now, to some, they say, well, this sources and the gentleman from Utah Mr. UNDERWOOD. Mr. Speaker, I re- ought to be like any other national [Mr. HANSEN], the chairman of the sub- serve the balance of my time. monument. After all, these people were committee; and the gentleman from Mr. HANSEN. Mr. Speaker, I yield Federal workers that were killed; it Alaska [Mr. YOUNG], chairman of the such time as he may consume to the was a Federal building that was full committee; and others that were gentleman from Oklahoma [Mr. bombed, and that was the reason that interested and instrumental in bring- ISTOOK]. it was singled out by terrorists as a ing this bill forward. Mr. ISTOOK. Mr. Speaker, I rise in target. Mr. Speaker, to some people, It is an unusual designation of a na- support of this legislation regarding perhaps, they were just Federal work- tional park site in this legislation in the Oklahoma City memorial. I com- ers, they were people that worked with that the principal responsibilities will mend my friend, the gentleman from Social Security or General Services or reside with the local community and Oklahoma [Mr. LUCAS], for shepherding the Secret Service, but to folks in the State of Oklahoma. There is, as my this through the legislative process, as, Oklahoma City, these are the neigh- colleagues are well aware, a great en- of course, in the Senate, Senator NICK- bors who coached the Little League thusiasm for our National Park Sys- LES has done likewise. teams and the soccer teams; they are tem, and many would like to have the Mr. Speaker, I think this is a unique the ones who drove the carpools, who park arrow or the bison added to their arrangement for this particular memo- attended the parent-teacher con- brochures or to their materials in rial because of the unique manner in ferences, who taught Sunday school, terms of indicating that they are asso- which things occurred in Oklahoma who we saw when we bought gasoline ciated with the National Park System, City. The Federal money to be ex- and groceries, who played the piano, and that is as it should be. Candidly, pended on this memorial ultimately and ordered pizza, and sang in choirs when we add a Park Service designa- will be outweighed by four to five and took their kids to the zoo. They tion or designate a national park unit, times as much additional money that were not just Federal workers, they such as we are doing in this legislation will come from other sources, from pri- were Mom and Dad, and children and today, with it I think inherently is the vate sources, perhaps someone from grandparents, and friends and neigh- understanding that the responsibilities State and local government sources as bors. to protect that resource and to inter- well. So even though it will be a na- I believe that this memorial is in the pret it properly have to also meet tional memorial, actually, the Federal highest example and the highest man- those national standards. Government will only bear one-fourth ner of personal involvement, because This legislation attempts to do that or one-fifth of the cost. Oklahoma has taken the lead in this. in an unusual way. First of all, it ref- Mr. Speaker, that is the way that it Despite the Federal contribution, most erences the 1916 Organic Act and pre- should be, because the terrorist act in of the effort will come from the people scribes that as a program to be fol- Oklahoma City, taking the lives of 168 who saw the victims not as Federal lowed by the entity that is managing persons, was not just something that workers, but as friends and neighbors this resource, plus the 1935 Historic influenced Oklahoma. We all know and family and want to be responsible Preservation Act. about the people who came to Okla- for taking care of our own. For in Furthermore, of course, on page 12 of homa City as rescue workers to assist, Oklahoma, Mr. Speaker, we do believe, the legislation, as we passed it out of and we know that the assistance in and we will always believe, that we are committee and as I know has been building this memorial will come from our brother’s keeper. changed, the Senate measure has been places around the country, too. But I certainly urge adoption of this act, changed, we provide for mutual con- more than anything else, just like the and I appreciate the support of my col- sent in the implementation of a coop- participation in the rescue efforts, just leagues erative agreement which must be ad- as the outreach to the rescue workers, Mr. UNDERWOOD. Mr. Speaker, I dressed by the Department of the Inte- to make them know how appreciated yield such time as she may consume to rior and by the Park Service, that that they were, came from Oklahomans, so the gentlewoman from Texas [Ms. cooperative agreement would deal with too most of the resources for this me- JACKSON-LEE]. most of the specifics. The Secretary morial will come from Oklahomans. It (Ms. JACKSON-LEE of Texas asked shall provide such technical assistance, will be a memorial that is designed by and was given permission to revise and but then must mutually agree to most people acting under the community’s extend her remarks.) of the precepts in this legislation. guidance, under the guidance of the Ms. JACKSON-LEE of Texas. Mr. Hopefully, this model will accomplish people who are survivors, under the Speaker, I do want to acknowledge the the goals of making certain that our guidance of those who had loved ones good work of the gentleman from Okla- national parks have consistent stand- and family members who were killed or homa [Mr. LUCAS]. I rose to the floor in ards, that they are consistently main- severely injured or otherwise impacted particular because we are neighbors, tained, in fact, when we have the des- in the explosion at the Murrah Build- and I am very proud to say that many ignation that it achieves the objective. ing. Houstonians, including the Houston H7646 CONGRESSIONAL RECORD — HOUSE September 23, 1997 Fire Department, joined the people of this drive and natural ability that propelled Ron GENERAL LEAVE Oklahoma and Oklahoma City. to the Chair of the Democratic National Com- Mr. HANSEN. Mr. Speaker, I ask I certainly thank the subcommittee mittee, and through his brilliant tactical leader- unanimous consent that all Members chair and ranking member, but I do ship helped to put our current President in of- may have 5 legislative days within want to focus on the gentleman from fice. President Clinton, in return, rewarded the which to revise and extend their re- Oklahoma [Mr. LUCAS] and his district, brilliant mind which had helped to make the marks on the Senate bill just consid- because I want it to be mentioned, al- White House a reality for him, by appointing ered. though there are some technical nu- Ron Brown to be the Secretary of Commerce. The SPEAKER pro tempore. Is there ances that have brought this particular For 31¤2 years, Ron Brown pushed a new and objection to the request of the gen- legislation to the floor, I will step aside exciting international commercial agenda to tleman from Utah? from that as I am not a member of the benefit parties both home and abroad until his There was no objection. committee. tragic airplane accident in April 1996 near f b 1730 Bosnia. Secretary Brown lost his life in the service of his country, and for that, he stands NATIONAL WILDLIFE REFUGE SYS- I rise to state that this monument is as a hero for millions of Americans. TEM IMPROVEMENT ACT OF 1997 a recognition of the heroism of Oklaho- Athough the loss to his family and loved mans and Oklahoma City residents. Mr. YOUNG of Alaska. Mr. Speaker, I ones can never be replaced, the least we can move to suspend the rules and concur They are American heroes. I think this do, as a body, as a nation, is to show our should be the point of this monument in the Senate amendments to the bill eternal gratitude. So by the rededication of (H.R. 1420) to amend the National Wild- and this park, as we on the floor of the this Federal building, we remember and honor House are acknowledging that the life Refuge System Administration Act his life, his loss, and his legacy; on these of 1966 to improve the management of death of the 168 and those that were grounds, I implore the whole House to vote in maimed and injured was in fact in sup- the National Wildlife Refuge System, favor of H.R. 29. and for other purposes. port of the freedom of this Nation. Mr. WATTS of Oklahoma. Mr. Speaker, I The Clerk read as follows: They died because this nation is a free want to thank Congressman LUCAS for intro- Nation, and we should never forget the Senate amendments: ducing the Oklahoma City National Memorial Page 4, line 11, after ‘‘a’’ insert ‘‘wildlife- sacrifice that was made by them. I Act of 1997. I applaud Congressman LUCAS's wanted to acknowledge and commend dependent recreational use or any other’’. efforts in realizing the importance of this legis- Page 11, line 19, strike out ‘‘and’’. this effort and this acknowledgment of lation to all the people of Oklahoma. Page 11, strike out lines 22 and 23 and in- this sacrifice. April 19, 1995 was a terrible day for the sert ‘‘fish and wildlife agencies during the Mr. Speaker, let me also acknowl- State of Oklahoma. The whole world wit- course of acquiring and managing refuges; edge that I did not arrive on the floor nessed what minutes before seemed like an and in time to support the naming of the unthinkable act of terrorism. We, as a state ‘‘(N) monitor the status and trend of fish, former U.S. Federal Building in New wildlife, and plants in each refuge.’’. and a country, pulled together as one to help Page 15, line 8, after ‘‘use’’ insert ‘‘, except York for Ronald H. Brown, and I do all of those in need. Everyone was awed by want to enthusiastically support that that, in the case of any use authorized for a the outpouring of love and generosity during period longer than 10 years (such as an elec- particular legislation for the great this time of tragedy in our State. tric utility right-of-way), the reevaluation American, Mr. Brown. A national memorial for the victims of the required by this clause shall examine com- In conclusion, sometimes the naming Oklahoma City bombing will help continue the pliance with the terms and conditions of the of buildings are taken lightly. These healing process in Oklahoma. This will serve authorization, not examine the authoriza- monuments are sometimes taken light- as a central place where all people, who were tion itself’’. ly. I hope the American people under- either victimized or lost a family member or The SPEAKER pro tempore. Pursu- stand that in many instances we rise to friend, can go to remember not only the day ant to the rule, the gentleman from commemorate great Americans, great of the tragedy but also the love and support Alaska [Mr. YOUNG] and the gentleman heroes, and great members of our Na- offered by the people of this great Nation. from California [Mr. MILLER] will each tion that sacrificed their lives so we We must not forget the horrific actions that control 20 minutes. might live in freedom. occurred on the morning of April 19th, 1995. The Chair recognizes the gentleman I rise in tribute to the citizens of This memorial will allow us to reflect on that from Alaska [Mr. YOUNG]. Oklahoma and in tribute to Ron H. day and all those who were affected by this Mr. YOUNG of Alaska. Mr. Speaker, I Brown. tragedy. It will serve as a memorial of hope, yield myself such time as I may Mr. Speaker, I rise today in strong support showing future generations of Americans how consume. of H.R. 29 which would redesignate a U.S. we as country came together during a time of (Mr. YOUNG of Alaska asked and was Federal building in New York, in the name of unimaginable tragedy. given permission to revise and extend Ronald H. Brown. Ronald H. ``Ron'' Brown, Thank you again Congressman LUCAS for his remarks.) former chairman of the Democratic National introducing this bill. All of Oklahoma thanks Mr. YOUNG of Alaska. Mr. Speaker, Committee during the 1992 Presidential elec- you for your efforts in the passage of this leg- on June 3 the House passed H.R. 1420 by tion and Secretary of Commerce in the first islation. a vote of 407 to 1. They approved the Clinton administration, was a man who served Mr. UNDERWOOD. Mr. Speaker, I National Wildlife Refuge System Im- his country and its people above and beyond yield back the balance of my time. provement Act. This measure is the re- the call of duty. His performance in every area Mr. HANSEN. Mr. Speaker, I yield sult of 3 years of hard work by the of his public life maintained and sustained a back the balance of my time. Committee on Resources, the minority standard of excellence surpassed by few. The SPEAKER pro tempore (Mr. and majority. The gentleman from In particular, Mr. Brown was a gift to the Af- GUTKNECHT). The question is on the California [Mr. MILLER] and myself and rican-American community. As the first Afri- motion offered by the gentleman from the gentleman from Michigan [Mr. DIN- can-American Secretary of Commerce, Mr. Utah [Mr. HANSEN] that the House sus- GELL] and other people were involved. Brown remains a symbol of what we can all pend the rules and pass the Senate bill, We conducted seven hearings and achieve when we strive to be the very best. S. 871, as amended. three markups on ways to improve our While growing up in Harlem as a boy, often at The question was taken. National Wildlife Refuge System. It is his family's business, the famed Hotel The- Mr. CONDIT. Mr. Speaker, I object to the culmination of successful negotia- resa, young Ron regularly interacted with the the vote on the ground that a quorum tions between members of the commit- cutting edge leaders in the African-American is not present and make the point of tee, the administration, hunting and community. From these experiences he order that a quorum is not present. conservation and environmental learned the subtle nuances of leadership and The SPEAKER pro tempore. Pursu- groups. sought to apply them in both his professional ant to clause 5 of rule 1 and the Chair’s The other body has now overwhelm- and political careers. prior announcement, further proceed- ingly approved the amended version of As a trained and practicing attorney, Mr. ings on this motion will be postponed. H.R. 1420. The three differences in the Brown regularly distinguished himself as more The point of no quorum is considered legislation include an expanded defini- than simply competent, but exceptional. It was withdrawn. tion of the term ‘‘compatible use’’ to September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7647 mean ‘‘a wildlife-dependent rec- put together by the gentleman from principle focus is to establish clearly the con- reational use or any other use of a ref- Michigan [Mr. DINGELL], a true Na- servation mission of the System, provide a uge’’; a requirement that the Secretary tional Wildlife Refuge System that was mechanism for unit-specific refuge planning, monitor the status and trends of fish, envisioned at that time, and ensures and give refuge managers clear direction and wildlife, and plants in each refuge; and that wildlife refuges, the only public procedures for making determinations regard- a clarification requiring existing lands dedicated to wildlife conserva- ing wildlife conservation and public uses of the rights-of-way within refuges. tion, are properly managed and pro- System and individual refuges. I have carefully reviewed these tected, while encouraging greater pub- The other body passed this bill, amended, changes and find them acceptable. By lic appreciation for wildlife and the use on October 9, 1997. The House concurs to the approving this measure today, we will of the refuge system. amendments. conclude the legislative process and Whether or not Members like to I urge all Members to vote in support of this send the bill to the President of the shoot birds with a Browning or a bill, which greatly benefits the Refuge System. United States. By so doing, I am con- Nikon, this bill will enhance their ap- Mr. DELAHUNT. Mr. Speaker, when Presi- vinced we have enacted an organic act preciation of the refuge system. I urge dent Theodore Roosevelt established the first for our 509 wildlife refuge units that passage of the legislation. wildlife refuge in Florida 94 years ago, he will serve our Nation well in the 21st Mr. TANNER. Mr. Speaker, H.R. 1420, the could hardly have imagined a national system century. National Wildlife Refuge System Improvement of 500 refuges covering 93 million acres. In the final analysis, this is a fine Act for the first time establishes a conserva- Today, we have another opportunity to piece of conservation legislation that tion mission for America's 509 refuge units. make a genuine contribution to this remark- is true to the legacy of Theodore Roo- Equally important, the measure establishes able legacy of wildlife conservation and man- sevelt, and it reaffirms the National hunting, fishing, and environmental education, agement. It is in that spirit that I rise today in Wildlife System Act of 1966. as legitimate and appropriate priority general support of H.R. 1420, the National Wildlife Before closing, again I would like to public uses of the 92 million-plus acres of land Refuge System Improvement Act of 1997. The mention the people that have partici- and water that make up our refuge system. It Chairman and Ranking Member have worked pated in this extraordinary effort: My also affirms the refuge system not only as a together to craft a bill that ensures the future good friend, the gentleman from Michi- home to all wildlife, but also as a haven to en- biological integrity of our refuges. Legacies are not historic relics: like the spe- gan, Mr. DINGELL, who was one of the dangered wildlife and fish. cies that inhabit our refuges, they survive only fathers of the Wildlife Refuge Act; the Indeed, each of the six National Wildlife if they prosper and evolve. This bill will help gentleman from New Jersey, Mr. JIM Refuges in Tennessee are either entirely or in protect species large and small, beautiful and SAXTON, the chairman of the sub- part in my congressional district and you can not-so-beautiful, endangered and common committee; the gentleman from Ten- fish and hunt on each of them. alike, and specifically recognizes the benefits nessee, Mr. JOHN TANNER; and the gen- Through the Pittman-Robertson Wildlife that refuges bring to people who live and work tleman from California, Mr. DUKE Restoration Program, the North American near them. CUNNINGHAM. Wetlands Conservation Fund, the Dingell- The bill explicitly encourages the Interior I would like to recognize and express Johnson-Wallop-Breaux Sportfish Restoration Department to work with local communities, my appreciation to Secretary Bruce Program, the purchase of Federal duck states and private and non-profit groups. It is Babbitt; Majority Leader TRENT LOTT; stamps, and many other conservation and res- precisely such a partnership that has charac- the ranking minority member, the gen- toration programs, hunters and anglers are the terized our progress toward one of the newest tleman from California, Mr. GEORGE unquestioned leaders when it comes to wildlife additions to the refuge system, in Mashpee on MILLER, who cosponsored this bill; the and fisheries restoration and conservation. Cape Cod, home to over 180 migratory fish leadership of the Senate Environment America's hunters and anglers have contrib- and bird species. and Public Works Committee; and all uted well over $6 billion to wildlife and fish- Like so many others across the country, the the conservation and environmental eries restoration over the past 60 years. And Mashpee Refuge has value even beyond its and hunting organizations supporting last year alone, they spent nearly $60 billion statutory objectivesÐin this case, in safe- this effort. pursuing the twin traditions of hunting and guarding the quality and quantity of the area's Together we have been successful in fishing. And with this legislation, hunters and fragile water resources. This imperative has crafting a bill that will effectively con- anglers are again leading the conservation become particularly acute with recent findings serve and manage our fish and wildlife movement. that pollution emanating from a nearby military for the future, while allowing millions In the best tradition of President Theodore reservation is seriously contaminating ground- of Americans to enjoy wildlife-depend- Roosevelt, an avid hunter, this bill recognizes water and jeopardizing future drinking water ent recreation within our refuge sys- that fact. So I want to applaud Chairman supplies. tem. YOUNG, Representative DINGELL, Chairman For all these reasons, I urge my colleagues Mr. Speaker, this is a good bill, and SAXTON, Representative MILLER, Secretary to enact H.R. 1420Ðand then to pay for it by I urge an ‘‘aye’’ vote on H.R. 1420. Babbitt, and those at the U.S. Fish and Wild- passing a 1998 Interior appropriations bill that Mr. Speaker, I reserve the balance of life Service are all to be commended for their includes the $700 million for land acquisition my time. leadership on this measure. provided for in the budget agreement. Mr. MILLER of California. Mr. The bipartisan process that led to this con- This bill draws on historic, bipartisan support Speaker, I yield myself such time as I sensus agreement should be a model for for the basic mission of the refuge system, may consume. problem solving. and makes adjustments that keep this refuge Mr. Speaker, I rise in support of the This is an excellent vote for conservation, system alive and vibrant. I urge my colleagues amendments to H.R. 1420 made by the hunting, and fishing, as we approach the to again join me in helping the House send other body. This is in fact a bona fide 100th anniversary of our National Wildlife Ref- this legislation to the President. compromise which resulted from con- uge System. Earlier this year our bill received Mr. MILLER of California. Mr. cessions on both sides. When the House 407 votes in the House, the Senate passed it Speaker, I have no further requests for last considered this bill, it was 407 to 1. earlier this month by unanimous consent, and time, and I yield back the balance of Maybe we can find that one person and the President has said he will sign the legisla- my time. they can vote for it this time. tion. Mr. YOUNG of Alaska. Mr. Speaker, I I want to thank my chairman of the I would urge everyone's support of this bill have no further requests for time, and committee, the members, and so many so that we can send it to President Clinton for I yield back the balance of my time. people who helped on this measure: his signature. The SPEAKER pro tempore. The Secretary Babbitt, the gentleman from Mr. SAXTON. Mr. Speaker, I rise in support question is on the motion offered by Michigan [Mr. DINGELL], the gentleman of H.R. 1420, the National Wildlife Refuge the gentleman from Alaska [Mr. from Alaska [Mr. YOUNG], and the gen- System Improvement Act. YOUNG] that the House suspend the tleman from New Jersey [Mr. SAXTON], This bill passed the House on June 3, 1997 rules and concur in the Senate amend- who really did in fact search for com- on a recorded vote of 407 to 1. The National ments to H.R. 1420. mon ground on this bill. Wildlife Refuge Improvement Act provides an The question was taken. This bill continues building on the organic act for the Refuge System similar to Mr. CONDIT. Mr. Speaker, I object to original version of the refuge system those which exist for other public lands. Its the vote on the ground that a quorum H7648 CONGRESSIONAL RECORD — HOUSE September 23, 1997 is not present and I make the point of SEC. 3. DEFINITIONS. rights and obligations of the United States order that a quorum is not present. As used in this Act: under this Act. (1) The term ‘‘ANILCA’’ means the Alaska The SPEAKER pro tempore. Pursu- (d) CLEANUP OBLIGATIONS.—Nothing in this National Interest Lands Conservation Act (16 Act shall impact or alter the Company’s ant to clause 5 of rule I and the Chair’s U.S.C. 3101 et seq.). rights, duties, and obligations regarding in- prior announcement, further proceed- (2) The term ‘‘Company’’ means the Alaska vestigation, remediation, cleanup, and res- ings on this motion will be postponed. Pulp Corporation, an Alaska corporation, its toration under its September 10, 1995, Com- The point of no quorum is considered successors, and assigns. mitment Agreement with the State of Alas- withdrawn. (3) The term ‘‘Company Property’’ means ka or other applicable law. The Company the property depicted on United States Sur- shall use its property consistent with all re- f vey Plat 1058 approved March 20, 1917, con- strictive covenants, including those restric- sisting of approximately 54 acres of land. GENERAL LEAVE tive covenants recorded on September 4, 1997. (4) The term ‘‘Federal Property’’ means (e) TITLE STANDARDS.—Title to the Com- Mr. YOUNG of Alaska. Mr. Speaker, I the reversionary interest of the United pany Property to be conveyed to the United ask unanimous consent that all Mem- States described in paragraphs (6) and (7) of States shall be acceptable to the Secretary bers may have 5 legislative days within the patent dated October 18, 1960, granted by consistent with the title review standard of the Bureau of Land Management to Alaska the Attorney General of the United States. which to revise and extend their re- Lumber & Pulp Co., which was recorded at marks on the legislation just consid- SEC. 6. GENERAL PROVISIONS. Book 15, Pages 271–273, Sitka Recording Dis- (a) MANAGEMENT OF COMPANY PROPERTY.— ered. trict on November 9, 1960. The term ‘‘Federal Upon acquisition of the Company Property The SPEAKER pro tempore. Is there Property’’ does not include the interests de- by the United States pursuant to this Act, objection to the request of the gen- scribed in paragraphs (1) through (5) of the said property shall be managed as a part of tleman from Alaska? said patent. the Admiralty Island National Monument There was no objection. (5) The term ‘‘Monument’’ means the Ad- and the Kootznoowoo Wilderness. miralty Island National Monument, which (b) AUTHORIZATION TO NEGOTIATE FOR AC- f was established by section 503 of ANILCA QUISITION OF PROPERTY.—In furtherance of and which is managed by the Secretary of the purposes of the Kootznoowoo Wilderness, HOOD BAY LAND EXCHANGE ACT Agriculture as a unit of the National Forest OF 1997 the Secretary, acting through the Forest System. Service, is authorized to enter into negotia- Mr. YOUNG of Alaska. Mr. Speaker, I (6) The term ‘‘Secretary’’ means the Sec- tions with the owners of private property in move to suspend the rules and pass the retary of Agriculture. Chaik Bay on Admiralty Island, with the ob- (7) The term ‘‘Sitka’’ means the city and jective of acquiring such property. The Sec- bill (H.R. 1948) to provide for the ex- borough of Sitka, Alaska, a home-rule bor- change of lands within Admiralty Is- retary is authorized to enter into an option ough formed in accordance with the laws of to purchase or an exchange agreement with land National Monument, and for other the State of Alaska. the owners of such property to be effected ei- (8) The term ‘‘Sitka Property’’ means the purposes, as amended. ther through existing administrative mecha- property depicted on the maps entitled The Clerk read as follows: nisms provided by law and regulation, or by ‘‘Sitka Property’’, dated August 29, 1997, con- subsequent ratification by Act of Congress. H.R. 1948 sisting of approximately 49 acres of land. Be it enacted by the Senate and House of Rep- SEC. 4. LAND EXCHANGE, TRANSFER, RELIN- The SPEAKER pro tempore. Pursu- resentatives of the United States of America in QUISHMENT. ant to the rule, the gentleman from Congress assembled, (a) EXCHANGE OF COMPANY AND FEDERAL Alaska [Mr. YOUNG] and the gentleman SECTION 1. SHORT TITLE. PROPERTY.—After the Company conveys to from California [Mr. MILLER] will each This Act may be cited as the ‘‘Hood Bay the United States, by general warranty deed, control 20 minutes. Land Exchange Act of 1997’’. all right, title, and interest of the Company The Chair recognizes the gentleman in and to the Company Property, the Sec- SEC. 2. FINDINGS. from Alaska [Mr. YOUNG]. The Congress makes the following findings: retary shall within 60 days of acceptance of Mr. YOUNG of Alaska. Mr. Speaker, I (1) The Alaska National Interest Lands delivery of said deed, unconditionally and without limitation except as provided here- yield myself such time as I may Conservation Act established the Admiralty consume. Island National Monument which is managed in, relinquish to the Company all right, title, and interest of the United States in and to (Mr. YOUNG of Alaska asked and was by the Secretary of Agriculture, by and given permission to revise and extend through the Forest Service. the Federal Property and shall evidence that (2) The Forest Service has established a relinquishment by conveying to the Com- his remarks.) policy of encouraging the acquisition of pri- pany a quitclaim deed to the Federal Prop- Mr. YOUNG of Alaska. Mr. Speaker, vate land inholdings within Admiralty Island erty. H.R. 1948 is the result of several (b) RELINQUISHMENT OF PROPERTY TO National Monument on a willing buyer/will- months of work on a land exchange SITKA.—Upon relinquishment of the Federal ing seller basis. Congress has supported this proposal to help the City and Borough Property to the Company under subsection policy, for example by passage of the Greens (a), the Company shall transfer all right, of Sitka, Alaska, to develop new eco- Creek Land Exchange Act of 1996 which pro- title, and interest of the Company in the nomic opportunities. vided for a land exchange of certain public Sitka Property to Sitka. Sitka is located in southeast Alaska, and private lands in Admiralty Island Na- (c) AVAILABILITY OF MAPS.—The maps re- and is not accessible by road. Its major tional Monument. ferred to in section 3(3) depicting the Com- source of year-round jobs for several (3) Lands owned by Alaska Pulp Corpora- pany Property and in section 3(4) depicting tion, consisting of 54 acres, more or less, lo- decades was a pulp mill which shut Federal Property shall be on file and avail- down in 1993. cated in Hood Bay on Admiralty Island with- able for public inspection in the Office of the in the boundaries of the Kootznoowoo Wil- The land for the pulp mill site was Forest Supervisor, Chatham Area, Tongass originally granted to the Alaska Pulp derness are available for transfer to Federal National Forest, in Sitka Alaska. The maps ownership on a willing seller/willing buyer referred to in section 3(8) depicting the Sitka Corporation in 1960. However, the Fed- basis. The acquisition of these lands would Property shall be on file and available for eral Government retained a reversion- provide Federal ownership of this valuable public inspection in the office of the Man- ary interest in it. This means that the land in a critical area of Admiralty Island ager of the City and Borough of Sitka, Alas- United States may take ownership of National Monument. ka, until the conveyance described in sub- (4) The United States is the owner of cer- the site if there is no timber processing section (b), at which time the map shall be on it for 5 consecutive years. tain reversionary interests to 143.87 acres, recorded along with the deed. more or less, located adjacent to Silver Bay With the mill closure, the property SEC. 5. PROCESSING OF AND TERMS AND CONDI- cannot be used for anything other than near Sitka, Alaska, which interests were re- TIONS RELATING TO LAND EX- served in patent No. 1213671 issued to the CHANGE. timber processing, even though it is Alaska Pulp Corporation on October 18, 1960. (a) SURVEYS.—Notwithstanding any other one of the best available locations for The transfer of the reversionary interests of provision of law, the Secretary of the Inte- new economic development in Sitka. the United States in such lands adjacent to rior may conduct and approve all cadastral The closure has several severe effects Silver Bay to the Alaska Pulp Corporation surveys that are necessary for completion of on the local economy. Year-round jobs would facilitate future use and development the exchange. The cost of any surveys shall were lost, the tax rolls took a hit, and of that land. be borne by the Company. people moved out of the city, to name (5) The future acquisition by the United (b) EQUAL VALUE EXCHANGE.—The values of States of the Chaik Bay property on Admi- the Federal Property and the Company Prop- a few. ralty Island to be incorporated into the erty are deemed to be of equal value. Sitka has taken a number of steps to Kootznoowoo Wilderness would be in the (c) ADMINISTRATION.—The Secretary is di- revitalize the community. An impor- public interest. rected to implement and administer the tant component of this effort is to September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7649 reuse the pulp mill land in order to off- pay for cleaning up pulp-mill-related sure the assistance provided under these pro- set the job losses. Since the Federal re- pollution. So I think the gentleman in grams reflects the changes in the population versionary interest clouds the owner- fact has brought again to the floor a since the inception of such programs.’’. ship status of the land, the site cannot bill that we can all support. The SPEAKER pro tempore. Pursu- be put to productive use. H.R. 1948 Mr. Speaker, I have no further re- ant to the rule, the gentleman from takes care of this problem through a quests for time, and I yield back the Alaska [Mr. YOUNG] and the gentleman land exchange between the company balance of my time. from Guam [Mr. UNDERWOOD] will each and the United States. Mr. YOUNG of Alaska. Mr. Speaker, I control 20 minutes. Under the legislation, the Federal re- yield myself such time as I may The Chair recognizes the gentleman verter interest in the pulp mill will be consume. from Alaska [Mr. YOUNG]. removed. In exchange, APC will convey Mr. Speaker, I want to thank the Mr. YOUNG of Alaska. Mr. Speaker, I to the United States a spectacular gentleman from California [Mr. MIL- yield myself such time as I may inholding it holds on Hood Bay, within LER]. I am extremely pleased that hope consume. Admiralty Island National Monument. springs eternal. Just do not be too (Mr. YOUNG of Alaska asked and was The Hood Bay property is a prime par- hopeful. Fifty-four acres is a lot of given permission to revise and extend cel of land that the Forest Service land, in my mind. But it is a good bill. his remarks.) seeks to acquire, and it will be incor- Mr. MILLER of California. If the gen- Mr. YOUNG of Alaska. Mr. Speaker, porated into the wilderness. tleman will yield, it would be a big this is a Democrat bill, I would say to Finally, the bill also conveys a por- deal in Delaware. the gentleman from California [Mr. tion of the mill site land to the city of Mr. YOUNG of Alaska. And it would CONDIT]. I am sure the gentleman is Sitka, which currently has an ease- be a big deal in Rhode Island. going to ask for a vote, too. ment on the property for its hydro Mr. Speaker, I have no further re- The legislation by the delegate from project and water supply system. quests for time, and I yield back the Guam, H.R. 1460, will change existing The Committee on Resources held a balance of my time. Federal law to permit the Government hearing on this legislation during the The SPEAKER pro tempore. The of Guam to elect a delegate by other August recess. Major concerns were question is on the motion offered by than separate ballot. The bill, as re- raised and resolved. The result is a fair the gentleman from Alaska [Mr. ported unanimously by the Committee exchange which benefits Sitka as well YOUNG] that the House suspend the on Resources, is being amended at my as Admiralty Island National Monu- rules and pass the bill, H.R. 1948, as urging to continue a crucial program ment. amended. for certain small communities in the The committee ordered H.R. 1948 re- The question was taken. former Trust Territory of the Pacific ported with an amendment on Septem- Mr. CONDIT. Mr. Speaker, I object to Islands which were affected by the ber 10, 1997, by a unanimous voice vote. the vote on the ground that a quorum United States nuclear testing. As the The bill is in the best interests of the is not present and I make the point of current authorization expires at the Federal Government and of Sitka. I order that a quorum is not present. end of this fiscal year, it is essential to look forward to its passing. The SPEAKER pro tempore. Pursu- take action to permit the continuance Mr. Speaker, I reserve the balance of ant to clause 5 of rule 1 and the Chair’s of this necessary program. my time. prior announcement, further proceed- As H.R. 1460 is consistent with in- Mr. MILLER of California. Mr. ings on this motion will be postponed. creasing local self-government both in Speaker, I yield such time as he may The point of no quorum is considered Guam and in the small atoll commu- consume to the gentleman from Ten- withdrawn. nities in the former U.S.-administered nessee [Mr. TANNER]. f trust territory, and does not result in any adverse budgetary impact, I would (Mr. TANNER asked and was given ALLOWING ELECTION OF DELE- urge my colleagues to adopt the meas- permission to revise and extend his re- GATE FROM GUAM BY OTHER ure. This is a good piece of legislation. marks.) THAN SEPARATE BALLOT Mr. TANNER. Mr. Speaker, I rise in I congratulate the gentleman from support of H.R. 1948. Mr. YOUNG of Alaska. Mr. Speaker, I Guam for introducing the legislation. Mr. MILLER of California. Mr. move to suspend the rules and pass the Mr. Speaker, I reserve the balance of Speaker, I yield myself such time as I bill (H.R. 1460) to allow for election of my time. may consume. the Delegate from Guam by other than Mr. UNDERWOOD. Mr. Speaker, I Mr. Speaker, it is truly an honor and separate ballot, and for other purposes, yield myself such time as I may joy to be here joining the gentleman as amended. consume. from Alaska in putting additional The Clerk read as follows: Mr. Speaker, I encourage my col- lands into wilderness. It is only 54 H.R. 1460 leagues to support H.R. 1460 as amend- acres, but hope springs eternal on this Be it enacted by the Senate and House of Rep- ed by the Committee on Resources. side of the aisle. resentatives of the United States of America in Section 1 of the legislation would pro- But the fact of the matter is that the Congress assembled, vide cost savings to the Government of gentleman from Alaska [Mr. YOUNG], SECTION 1. BALLOT REQUIREMENT FOR DELE- Guam in its conduct of the election of the Alaska Pulp Corporation, and the GATE. the Guam Delegate to Congress. Section 2(a) of the Act entitled ‘‘An Act to Forest Service have worked out a land provide that the unincorporated territories This section has no opposition and swap that is of benefit to the local area of Guam and the Virgin Islands shall each be has no impact on the Federal budget. and also a benefit to the Nation’s wil- represented in Congress by a Delegate to the The legislation would remove the derness system. House of Representatives’’ approved April 10, much-dated single ballot requirement Very often during these land ex- 1972 (48 U.S.C. 1712(a)), is amended— that has been in place in Guam since changes I have asked whether or not (1) by inserting ‘‘from the Virgin Islands’’ the inception of the Guam Delegate po- these exchanges are of fair and equal before ‘‘shall be elected at large’’; and sition. This would enable the ballot to value. In this case I am relying on the (2) by inserting ‘‘The Delegate from Guam be combined with those for other elec- shall be elected at large and by a majority of chief appraiser of the Forest Service, the votes case for the office of Delegate.’’ be- tive offices by the Guam Election Com- who has concluded the values of the fore ‘‘If no candidate’’. mission, and the Commission estimates property interests to be exchanged are SEC. 2. PROGRAM EXTENSION FOR COMMUNITIES a cost savings of more than $10,000. equal. IN THE FORMER UNITED STATES Section 2 of this legislation would ex- In addition, my concerns about a TRUST TERRITORY. tend the Eniwetok Food and Agricul- NEPA waiver in the bill as introduced Section 103(h)(2) of the Compact of Free tural Program for an additional 5 have been addressed with language to Association Act of 1985 (48 U.S.C. 1903(h)(2)) years. Many of my colleagues should is amended— assure us that APC meets its clean-up (1) by striking ‘‘ten’’ and inserting ‘‘fif- remember the nuclear testing that was obligations at the former mill site teen’’; and conducted by the United States in the lands. By enacting this bill, we do not (2) by adding at the end of subparagraph atolls of the Marshall Islands. Eniwe- intend to alter APC’s obligations to (B) the following: ‘‘The President shall en- tok Atoll, along with Bikini Atoll, H7650 CONGRESSIONAL RECORD — HOUSE September 23, 1997 were the subjects of these nuclear and I thank him, and I had a few re- 1460, which was introduced by our col- tests. marks which I think would just help league the gentleman from Guam [Mr. These tests caused a release of radio- say nice things about him and others UNDERWOOD]. I also want to take this active contaminants on these atolls who have made possible a significant time to commend the gentleman for and into their atmosphere. The people advance in terms of protection of a his hard work in getting Congress to of these islands were displaced and re- great national treasure, our refuge sys- address not only the provisions of this settled on other atolls, and there was tem. bill, but the many issues faced by the always a commitment by the United Mr. Speaker, today we find ourselves in the people of Guam. States that they would be resettled at very fortunate position of having agreed to leg- Mr. Speaker, next year marks the a later time. islation which almost everyone agrees will bet- 100th anniversary of Guam’s becoming ter protect species and habitat on our Nation's b 1745 a member of the American family at wildlife refuges. It does so while articulating an the end of the Spanish-American War. Although some of this has occurred overall mission for the National Wildlife Refuge It would be a deserving tribute to the 20 or more years later, the vast major- System and providing general management people of Guam if this House, in rec- ity of the land, some 75 percent, is not guidance that the System has sorely needed ognition of the loyalty and support suitable or available for food produc- for too long. that Guam has shown for this Nation tion. Not only does this codify almost all of the during those 100 years, could pass H.R. The livelihood of the Eniwetok peo- administrative reforms signed by President 100, the Guam Commonwealth Act, be- ple has been advanced by this food and Clinton last year, it makes very clear the im- fore this 100th anniversary ends. agricultural program. The program portant role that hunting, fishing, and other Mr. Speaker, the Guam Election provides the Eniwetok people with safe wildlife-dependent recreational uses play in Commission has requested that Con- imported food for consumption as well the successful option of our refuge system. gress pass H.R. 1460 to remedy the cost as nutritional and agricultural reha- I understand that the Senate adopted three of the Federal requirement that elec- bilitation assistance. Also included in minor changes that it deemed important to the tion ballots for delegates of Guam to this legislation is language that would continued vitality of the Refuge System. After the House of Representatives be by sep- address the growth and the population reviewing these proposals, I agree. Those arate ballot from those of other elected of the Eniwetok people since the pro- changes include making clear that compatible officials. gram was created more than 10 years uses can include wildlife and non-wildlife de- Mr. Speaker, we should unanimously ago. pendent uses; requires the Secretary to mon- support our colleague and H.R. 1460 be- We have a unique relationship with itor the status and trends of fish, wildlife and cause it would facilitate the election of the Marshall Islands which needs sup- plants on refuges; and makes clear how peri- the delegate in Guam and avoid unnec- port and understanding. The Marshalls odic re-evaluation of secondary uses, such as essary costs. I urge my colleagues to is in free association with the U.S. electric utility rights-of-way, will be conducted support enactment of this bill. Aside from the nuclear testing we have consistent with the National Wildlife Refuge Mr. Speaker, I would further like to conducted in the Marshalls, we con- System Administration Act of 1966, as will thank the gentleman from Alaska [Mr. soon be amended. tinue to use Kwajalein Atoll as part of YOUNG], chairman of the Committee on Mr. Speaker, many people deserve credit a system of missile testing. We should Resources, as well as the gentleman for bringing this legislation to a point where be mindful of this unique and bene- from California [Mr. MILLER], the the President will sign it. I'd like to thank ficial relationship when programs like ranking Democrat, for their efforts to Chairman YOUNG, Ranking Member MILLER, the Eniwetok Food and Agricultural ef- bring this bill to the floor today. and Secretary Bruce Babbitt for their leader- fort are reviewed. We must support the Mr. UNDERWOOD. Mr. Speaker, I ship in helping bring about passage of this people of Eniwetok and indeed all of yield myself such time as I may most important legislation. the Marshalls. consume. Mr. Speaker, I reserve the balance of I might note in closing, Mr. Speaker, that these same people are all very interested in Mr. Speaker, I would like to thank my time. the chairman and the ranking member Mr. YOUNG of Alaska. Mr. Speaker, I the future protection of wildlife and plants that are NOT on refuge lands but still in need of for their attention to the issues per- have no further requests for time, but taining to Guam, and I am particularly I yield such time as he may consume to federal protection. There is much discussion in both chambers about how to reauthorize the grateful to the gentleman from Alaska the gentleman from Michigan [Mr. DIN- Endangered Species Act. I understand that [Mr. YOUNG] for his interest in the in- GELL], if I may, if he would like to the other body had a hearing on a consensus, sular areas and in attending to issues speak on our favored bill. He was not bipartisan bill introduced last week. While I un- pertaining to us. here. But if he wants to speak on some- derstand that the Senate bill is not a perfect Mr. FALEOMAVAEGA. Mr. Speaker, I rise thing else, that is fine, too. After all, bill, I wish to take note of the fact that reau- today in support of H.R. 1460, a bill which will he is a senior Member of this House thorization of the Endangered Species Act is 5 permit the government of Guam to include the and I bow to his wisdom and maturity. years overdue. With the passage of the Ref- candidates for the position of Guam's Dele- (Mr. DINGELL asked and was given uge Bill, it is my hope that all of the Members gate to the U.S. House of Representatives on permission to revise and extend his re- and interests that have an interest in the En- the same ballot with candidates running for marks.) dangered Species Act will negotiate in good territorial office. The bill will also extend for 5 Mr. DINGELL. Mr. Speaker, I do faith so we might bring about better, smarter years a food assistance program in the Re- want to thank and commend my dear protection of species on all of our lands across public of the Marshall Islands. friend, the gentleman from Alaska [Mr. the nation. Mr. Speaker, we have been trying to help YOUNG], and I do want to note the fine Mr. Speaker, in the meantime we have be- the government of Guam reduce its election work of the gentleman on the Refuge fore us a good bill that is the product of hard expenses for a couple of years now. I want to System Improvement Act of 1997 and work, sensible compromise, and in the interest thank Chairman DON YOUNG and senior Dem- tell him what a great pleasure it was of our refuges' future. I urge my colleagues to ocrat GEORGE MILLER for scheduling commit- for me to work with him, what a good support H.R. 1420. tee action on this legislation so we could ad- piece of legislation I think it is. And it Mr. YOUNG of Alaska. Mr. Speaker, I dress Guam's election problem. brings back great memories that he yield back the balance of my time. For the record, there are similar provisions and I shared of years past, when he Mr. UNDERWOOD. Mr. Speaker, I in the Federal laws which govern the election used to work on the same kind of ques- yield such time as she may consume to of congressional delegates in American tions back when this business was done the gentlewoman from the Virgin Is- Samoa and the Virgin Islands, but it is my un- in the Subcommittee on Fisheries and lands [Ms. CHRISTIAN-GREEN]. derstanding that the leaders of these two gov- Wildlife Conservation on the Commit- Ms. CHRISTIAN-GREEN. Mr. Speak- ernments prefer not to change the laws gov- tee on Merchant Marine and Fisheries, er, I thank my colleague the gentleman erning their elections at this time. where the gentleman from Alaska [Mr. from Guam [Mr. UNDERWOOD] for yield- Mr. Speaker, I also rise in strong support of YOUNG] was a valuable member, as he ing me this time. extending the food assistance program for the is today a valuable member as the Mr. Speaker, I rise today to urge my Republic of the Marshall Islands. The United chair of the Committee on the Interior, colleagues to support passage of H.R. States created a multidimensional disaster September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7651 when it conducted atmospheric tests of nu- Mr. Speaker, this is a motion to in- but really gave some people the oppor- clear weapons in the Pacific and the people of struct the conferees on the Interior ap- tunity to dodge the issue instead of the Marshall Islands are still suffering from the propriations bill, to accept the provi- confronting it directly. I am afraid aftermath of those tests. We have a moral ob- sions of the Senate bill improving that it put the House on record as ligation to provide this food assistance, and funding for the National Endowment of being part of a dumbing down of Amer- much more, for the damage we did to their the Arts. ica. I hate to say that, but I regretfully country with our atmospheric tests. As this is The House, my colleagues will recall, must admit that is the way the people the same provision which passed the Senate provided no funds for the National En- across the country interpreted that as section 1 of S. 210, I am glad to see we dowment of the Arts because it was vote. And in my opinion, it will be part are considering at least this small portion of said it was unauthorized. And yet, Mr. of a ‘‘dumbing down’’ and denying that legislation, so these Pacific islanders can Speaker, 14 other agencies in the House Americans and the children especially continue to receive this necessary assistance. bill which were unauthorized received the benefits of cultural and educational Mr. Speaker, I yield back the balance waivers from the Committee on Rules programming. of my time. in order to permit them to receive Fortunately, the Senate had the wis- The SPEAKER pro tempore [Mr. money for their operations. dom to include the funding. And in- GUTKNECHT]. The question is on the NEA was the only unauthorized agen- deed, I want to remind my colleagues, motion offered by the gentleman from cy that did not receive a waiver of the as they are aware from their own situa- tions in their own communities, this is Alaska [Mr. YOUNG] that the House Committee on Rules. And therefore, it suspend the rules and pass the bill, was subject to being stricken by the not just something that is good for H.R. 1460, as amended. bill on a point of order. That is why we urban communities; it supplements in The question was taken; and (two- attacked the rule, Mr. Speaker. We urban, suburban, and rural areas alike thirds having voted in favor thereof) sought to vote down the previous ques- improve the educational and the cul- the rules were suspended and bill, as tion to correct the discriminatory tural qualities, whether we are talking amended, was passed. treatment accorded to the NEA. about community orchestras or dance A motion to reconsider was laid on Mr. Speaker, we lost by one vote. One companies or the numbers of other the table. vote, Mr. Speaker. And NEA was children’s programs that are supported stricken from the bill on a point of by the NEA. f I want to tell my colleagues also, order when the bill came to the floor. from my own experience as a member GENERAL LEAVE That strong showing, Mr. Speaker, in- of the authorizing committee and for Mr. YOUNG of Alaska. Mr. Speaker, I dicates to me that there is strong sup- those that are fearful that there are ask unanimous consent that all Mem- port for the NEA in the House, and some violations of community ethical bers have 5 legislative days in which to that is why I believe the House is ready and cultural standards and some that revise and extend their remarks and in- and willing to join the Senate in pro- are still operating under the assump- clude extraneous material on H.R. 1460, viding the fund for NEA, and that is tion that there is somehow a porno- the bill just passed. why, Mr. Speaker, I have filed this mo- The SPEAKER pro tempore. Is there graphic or indecent material here, I tion to agree with the Senate. want to speak now as one of those who objection to the request of the gen- I urge support for my motion. worked with our late departed col- tleman from Alaska? Mr. Speaker, I reserve the balance of league Paul Henry in 1990 to put the re- There was no objection. my time. forms in place. f GENERAL LEAVE This statement and debate was not APPOINTMENT OF CONFEREES ON Mr. REGULA. Mr. Speaker, I ask permitted because we were denied, H.R. 2107, DEPARTMENT OF THE unanimous consent that all Members under the previous rule, the oppor- INTERIOR AND RELATED AGEN- may have 5 legislative days to revise tunity to debate this issue under the CIES APPROPRIATIONS ACT, 1998 and extend their remarks and that I rules. The law as it now exists as to may include tabular and extraneous how the community standards must be Mr. REGULA. Mr. Speaker, I ask material. met and it is precise as to how those unanimous consent to take from the The SPEAKER pro tempore. Is there selections are made. There is no longer Speaker’s table the bill (H.R. 2107) objection to the request of the gen- any reason to look askance at the NEA making appropriations for the Depart- tleman from Ohio? as violating community standards of ment of the Interior and related agen- There was no objection. decency or projects that have question- cies for the fiscal year ending Septem- Mr. REGULA. Mr. Speaker, I have able background. ber 30, 1998, and for other purposes, not had any requests for time at this So I guess in summary I want to say, with Senate amendments thereto, dis- point on this motion to instruct. I re- for those who are concerned that we agree to the Senate amendments, and serve the balance of my time if the are violating community standards agree to the conference asked by the gentleman from Illinois [Mr. YATES] under this proposal, that is a thing of Senate. would go forward. the past. Our committee put in good The SPEAKER pro tempore. Is there Mr. YATES. Mr. Speaker, I yield 4 operational standards as long ago as objection to the request of the gen- minutes to the gentlewoman from New 1990. This is no longer valid as an argu- tleman from Ohio? Jersey [Mrs. ROUKEMA]. ment against the NEA. But to those There was no objection. Mrs. ROUKEMA. Mr. Speaker, I who were taken in by the parliamen- MOTION TO INSTRUCT OFFERED BY MR. YATES thank the gentleman from Illinois [Mr. tary maneuver so that some dodged the Mr. YATES. Mr. Speaker, I offer a YATES] for yielding me the time. issue as to whether they stood squarely motion to instruct conferres. I rise in strong support of the motion for continuing support for the National The Clerk read as follows: of the gentleman from Illinois [Mr. Endowment for the Arts, I want to say, Mr. Yates moves that the managers YATES]. I supported it in the House this is a straight up-or-down vote. We on the part of the House be instructed when we first brought this issue up. are agreeing or disagreeing directly to agree to the amendments of the Sen- But of course, it was eliminated, as the with the funding and authorization for ate numbered 120, 121, and 122. gentleman stated, really on a par- the National Endowment for the Arts The SPEAKER pro tempore. Under liamentary maneuver, not only the and following the wisdom of the Sen- the rule, the gentleman from Ohio [Mr. lack of a waiver but the parliamentary ate. REGULA] will be recognized for 30 min- maneuver to defeat the rule. I know that all those letters and tele- utes and the gentleman from Illinois I am afraid that a lot of people were phone calls that my colleagues had [Mr. YATES] will be recognized for 30 opposing it because they thought it those editorials, commentary that was minutes. was reducing the budget deficit, and I highly critical of us in the House, we The Chair recognized the gentleman do not believe that had validity. But now have a way, a direct up-or-down from Illinois [Mr. YATES]. more importantly, there was a par- vote, to correct that problem that we Mr. YATES. Mr. Speaker, I yield my- liamentary maneuver that denied us created for ourselves under the par- self such time as I may consume. the vote, not only denied us the vote, liamentary procedure and to correct it H7652 CONGRESSIONAL RECORD — HOUSE September 23, 1997 and follow the lead that the Senate has Mr. Speaker, I ask the Members of make sure as we are here on the cusp of given us and bring all those orchestras this House to do the right thing, sup- the next century that every child in and those community activities and port NEA, and follow the lead of the the public school system in the United those children’s educational programs gentleman from Illinois [Mr. YATES], States has that opportunity to expand back to our communities across this our ranking Democrat, in instructing its brainpower and its own ability, its Nation. the conferees to restore its funding. verbal scores, and do better on the I urge support of the motion to in- Mr. YATES. Mr. Speaker, I yield 31⁄2 SAT’s? How foolish for us not to do struct the conferees. minutes to the gentlewoman from New that. b 1800 York [Ms. SLAUGHTER]. The NEA’s budget is less than 0.01 Ms. SLAUGHTER. I thank the gen- percent of the Federal budget. What Mr. YATES. Mr. Speaker, I yield 3 tleman for yielding me this time. does it do? It returns $3.4 billion to the minutes to the gentleman from Vir- Mr. Speaker, I want to support this Treasury. I promise my colleagues that ginia [Mr. MORAN]. motion very strongly to instruct the we make no other investment in the Mr. MORAN of Virginia. Mr. Speak- conferees to include the Senate level of Congress of the United States that er, this is an opportunity for the House $100 million in this conference report. brings that kind of return. It supports to do the right thing. I know in my This is absolutely essential for us, Mr. 1.3 million jobs and generates $36.8 bil- heart that the chairman as well as the Speaker, as part of the most important lion annually. In addition, the arts ranking Democrat on this subcommit- link that we have in the United States produce $790 million in local govern- tee know that the National Endow- to humanize and to give the oppor- ment revenue and $1.2 billion in State ment for the Arts deserves funding. I tunity for every child in this country government revenue. think that most people that have Let me just close with something looked into what the National Endow- to participate in arts programs. We hear all the time, the debate al- that is very important. Recently the ment for the Arts has done over the ways centers around where all these New York Times ran the words of Har- last several years, particularly since grants go. Oh, they say they go to New old Holzer, the Metropolitan Museum Jane Alexander took over, recognize York City, to Chicago, and to Los An- of Art’s vice president. He said that in that all the projects are scrutinized, the fiscal year which ended June 30, that the ones that have been used for geles. Yes, a lot of them do. Why do they do that? What do they do with the the Metropolitan Museum of Art had rhetorical purposes are all past his- greater attendance, 5.5 million persons, tory. They were marginal projects, money in New York, Chicago, and Los Angeles? They send out troupes of art- than the New York Mets, the Yankees, anyway. They certainly do not define the Rangers, and the Knicks combined. what the National Endowment for the ists, of dancers, of musicians, of teach- ers to every nook and cranny of the That certainly says to us that people Arts is all about. in this country are hungry to have art, What defines what the National En- United States. That really is what our obligation is hungry to hear music, anxious to dowment for the Arts is all about is a dance, want their children to have the young woman that grew up just a few here. Those famous and wonderful in- stitutions that have art museums opportunity to expand their brains, to blocks from the Kennedy Center but be everything they can be, to help us never could afford to go to the Kennedy throughout the country will probably survive without the NEA, but I can be ready to go into the next century Center. When she was a teenager, she with our children prepared. attended a National Endowment for guarantee Members that those pro- grams that reach into the smallest of Mr. YATES. Mr. Speaker, I yield 2 the Arts opera recital and realized she minutes to the gentleman from New wanted to sing opera. Now she is an schools, to the most deprived of areas in the United States, those will not York [Mr. NADLER]. internationally acclaimed star because Mr. NADLER. Mr. Speaker, I strong- survive, and they will die. the National Endowment for the Arts ly support this motion to restore fund- Will it matter? You bet it matters. gave the kind of inspiration to Denyce ing to the National Endowment for the What do we do with children who have Graves as it has to many thousands of Arts. I am grateful that the other body arts programs in school? In the first artists around the country and to com- has more clearly understood the value place, they are going to tell us that munities that wanted their people to of the NEA and has in its wisdom not these are kids who never drop out, and be able to appreciate what this coun- only rejected efforts to eliminate the on art day all those children are going try’s artists have to offer. These are agency, but has also rejected efforts to be there. Absenteeism is cut down. not grants that go to the well-funded that would have dramatically altered But one of the most important things cities. These are grants that go out the fundamental structure and mission is that, according to the college board into communities that appreciate the of the NEA. arts but lack the funding to offer them in the United States, students with 4 The NEA has a proven track record to their citizens. years of art, they score 59 points higher of supporting the creation of excellent We heard from the chairman of CBS on their verbal scores on the SAT’s and art and facilitating Americans’ access last week. The gentlewoman from New 44 points higher on math portions than to it. For 30 years the NEA has helped York [Ms. SLAUGHTER] sponsored the kids with no arts classes. There is bring art and culture to those who oth- breakfast. He stood up, and said he rep- nothing else that we do for education erwise would be without it. resented corporate America. He told us that gives us back that return. The NEA is sometimes accused of that when the NEA gives its endorse- Newsweek recently highlighted a being elitist, but just the opposite is ment to a project, they know that it is school in Raleigh, NC, that used art to the case. Before the NEA, there were 38 worth investing in. They want to in- transform what was a troubled elemen- orchestras in the country just 30 years vest in the arts. They know it is in the tary school with below-average test ago. Today there are more than 1,000. best interests of their employees, that scores to a school where the kids are Before the NEA, there were 37 profes- it is in the best interest of America. excited about learning and the scores sional dance companies. Now there are But if we were to give it to the have gone up. University of California 300. Before the NEA, 30 years ago, only States or to otherwise eviscerate what at Irvine researchers found that music 1 million people attended theater each the NEA stands for, then we will not training, specifically piano instruction, year. Today more than 55 million at- have that kind of credibility, that the is far superior to computer instruction, tend. All of this because of the NEA. projects that need funding will not get dramatically enhancing the children’s The NEA plays a crucial role in the funding. It is only the projects who abstract reasoning skills necessary for nonprofit arts industry, which supports have the contacts, who know the learning math and science. A study in 1.3 million jobs and generates more wealthy people, who know the right Florida shows there is a connection be- than $3.4 billion in Federal income people who will get funded. Thousands tween arts education and dropout pre- taxes. We cannot afford either cul- of other projects around the country vention. This is the best thing we do turally or economically to eliminate will not get funded because they do not for children at risk. the NEA. have a National Endowment for the Can we afford not to do that? Can we I am especially pleased that the Arts ready, willing, and able to fund afford to not do these small programs, House of Representatives will now fi- the most meritorious artists. the small investment that we make to nally be allowed to vote on whether or September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7653 not to fund the NEA. Earlier this year thank the gentleman from Wisconsin Services, and Education, and related the leadership of this House took ex- for his kind remarks. agencies for the fiscal year ending Sep- traordinary steps to prevent the House Mr. REGULA. Mr. Speaker, will the tember 30, 1998, and for other purposes, from even considering funding the gentleman yield? with a Senate amendment thereto, dis- NEA. On the controversial vote on the Mr. YATES. I yield to the gentleman agree to the Senate amendment, and rule, several Members of Congress who from Ohio. agree to the conference asked by the have supported the arts in the past and Mr. REGULA. Is it my understanding Senate. had pledged to support the NEA failed that this motion to instruct would in The SPEAKER pro tempore (Mr. to do so at that critical moment. I no way bind the conferees in terms of GUTKNECHT). Is there objection to the hope that these Members in particular conditions that would be put on the request of the gentleman from Illinois? will seize this opportunity to dem- grant? I know that the gentleman from There was no objection. onstrate their support for the NEA by Illinois has suggested we have six MOTION TO INSTRUCT OFFERED BY MR. OBEY voting for this motion to instruct con- Members, three from the House and Mr. OBEY. Mr. Speaker, I offer a mo- ferees. I urge all of my colleagues to three from the Senate, on the NEA tion to instruct conferees. support the National Endowment for Board so that we have continuing The Clerk read as follows: the Arts and to vote to accept the Sen- input. There has been some talk about Mr. OBEY moves that in resolving the dif- ate funding level of $100 million for the limiting the percentage that any State ferences between the House and Senate, the managers on the part of the House at the NEA. could receive and also no individual Mr. YATES. Mr. Speaker, I yield 3 conference on the disagreeing votes of the grants even for literature. Is my under- minutes to the gentleman from Wis- two Houses on the bill, H.R. 2264, be in- standing correct that those types of structed to insist on the Senate position to consin [Mr. OBEY]. Mr. OBEY. Mr. Speaker, I know that conditions could be imposed by the provide $368,716,000 for congregate meals for the elderly. there are a few persons in politics who conferees, and that this motion would in no way restrict our ability to do so? The SPEAKER pro tempore. Under will use the fact that an occasional fool the rule, the gentleman from Illinois has misused NEA funding to produce Mr. YATES. That was my under- standing as well. I subscribe to that. [Mr. PORTER] will be recognized for 30 decadent and objectionable pieces of minutes, and the gentleman from Wis- art under endowment funding, but I Mr. Speaker, I yield back the balance of my time. consin [Mr. OBEY] will be recognized would simply point out one thing. Even for 30 minutes. Babe Ruth struck out 1,300 times, and Mr. REGULA. Mr. Speaker, I have no further requests for time, and I yield The Chair recognizes the gentleman no sane manager would have benched from Wisconsin [Mr. OBEY]. Babe Ruth. I do not think we should back the balance of my time. The SPEAKER pro tempore [Mr. Mr. OBEY. Mr. Speaker, I yield my- bench the National Endowment for the self such time as I may consume. GUTKNECHT]. Without objection, the Arts. (Mr. OBEY asked and was given per- previous question is ordered on the mo- I would say that for every occasional mission to revise and extend his re- tion. grant that any Member of this body marks and include extraneous mate- There was no objection. can find that has funded a piece of so- rial.) called art that we would find objection- The SPEAKER pro tempore. The Mr. OBEY. Mr. Speaker, I do not in- able or outrageous, there are literally question is on the motion to instruct tend to take very much time. This tens of thousands of grants that are offered by the gentleman from Illinois amendment simply would raise by $4.1 provided that raise people’s spirits, [Mr. YATES]. million above the House figure the that open the eyes of young people to The motion to instruct was agreed amount that we would support for con- their greater and finer possibilities. to. gregate meals for the elderly. The Sen- And I would just suggest that it is not A motion to reconsider was laid on ate is $4 million higher than the House the urban centers of this country who the table. bill is. This would simply instruct the would be the great losers if the Endow- The SPEAKER pro tempore. Without conferees to move to the Senate posi- ment were to die, it would be the thou- objection, the Chair appoints the fol- tion. sands of small communities across this lowing conferees: This program reaches our most vul- country who need the seed money that Messrs. REGULA, nerable senior citizens, and I would the Endowment provides in order to en- MCDADE, think and hope that it would have rich the cultural lives of their children KOLBE, broad support within the House. in many areas where they would other- SKEEN, Mr. Speaker, I reserve the balance of wise not have the opportunity to see TAYLOR of North Carolina, my time. some of the grand things that funding NETHERCUTT, Mr. PORTER. Mr. Speaker, I yield under the Endowment can provide. MILLER of Florida, myself such time as I may consume. Mr. Speaker, I would simply urge WAMP, Mr. Speaker, we accept the gentle- that we support this motion of the gen- LIVINGSTON, man’s motion. tleman from Illinois. I also want to YATES, GENERAL LEAVE take this opportunity to say about the MURTHA, Mr. PORTER. Mr. Speaker, I ask gentleman that I do not think there is DICKS, unanimous consent that all Members a finer human being who has ever SKAGGS, may have 5 legislative days to revise served in this House than the gen- MORAN of Virginia, and extend their remarks and that I tleman from Illinois [Mr. YATES]. He and OBEY. may include tabular and extraneous has devoted a great portion of his ener- There was no objection. material. gies and his passions to improving the The SPEAKER pro tempore. Is there lives of many people in material ways f objection to the request of the gen- as well as spiritual ways. I think this tleman from Illinois? endowment is just one of the ways that b 1815 There was no objection. he has tried to do that. On behalf of APPOINTMENT OF CONFEREES ON Mr. PORTER. Mr. Speaker, I have no every person who cares about this pro- H.R. 2264, DEPARTMENTS OF further requests for time, and I yield gram all across the country, I would LABOR, HEALTH AND HUMAN back the balance of my time. like to personally thank him for the ef- Mr. OBEY. Mr. Speaker, I, too, yield SERVICES, AND EDUCATION, AND forts he has shown. I think he does the back the balance of my time, and I RELATED AGENCIES APPROPRIA- House proud when he takes the posi- move the previous question on the mo- TIONS ACT, 1998 tions that he has. We are, I think, all tion. very happy to stand with him today in Mr. PORTER. Mr. Speaker, I ask The previous question was ordered. this effort to make the Congress finally unanimous consent to take from the The SPEAKER pro tempore. The do what is right on this issue. Speaker’s table the bill (H.R. 2264) question is on the motion to instruct Mr. YATES. Mr. Speaker, I yield my- making appropriations for the Depart- offered by the gentleman from Wiscon- self such time as I may consume. I ments of Labor, Health and Human sin [Mr. OBEY]. H7654 CONGRESSIONAL RECORD — HOUSE September 23, 1997 The motion was agreed to. [Roll No. 416] Pallone Sabo Stupak Pappas Salmon Sununu A motion to reconsider was laid on YEAS—420 Parker Sanchez Talent the table. Pascrell Sanders Tanner Abercrombie Diaz-Balart Johnson, Sam Pastor Sandlin Tauscher The SPEAKER pro tempore. Without Ackerman Dickey Jones Paul Sanford Tauzin objection, the Chair appoints the fol- Aderholt Dicks Kanjorski Paxon Sawyer Taylor (MS) Allen Dingell Kaptur lowing conferees: Payne Saxton Taylor (NC) Andrews Dixon Kasich Messrs. PORTER, Pease Scarborough Thomas Archer Doggett Kelly YOUNG of Florida, Peterson (MN) Schaefer, Dan Thompson Armey Dooley Kennedy (MA) Peterson (PA) Schaffer, Bob Thornberry BONILLA, Bachus Doolittle Kennedy (RI) Petri Schumer Thune ISTOOK, Baesler Doyle Kennelly Pickering Scott Thurman Baker Dreier Kildee MILLER of Florida, Pickett Sensenbrenner Tiahrt Baldacci Duncan Kilpatrick DICKEY, Pitts Serrano Tierney Ballenger Dunn Kim Pombo Sessions Torres WICKER, Barcia Ehlers Kind (WI) Pomeroy Shadegg Towns Mrs. NORTHUP, Barr Ehrlich King (NY) Porter Shaw Traficant Barrett (NE) Emerson Kingston and Messrs. LIVINGSTON, Portman Shays Turner Barrett (WI) Engel Kleczka Poshard Sherman Upton OBEY, Bartlett English Klink Price (NC) Shimkus Velazquez STOKES, Barton Ensign Klug Pryce (OH) Shuster Vento HOYER, Bass Etheridge Knollenberg Quinn Sisisky Visclosky Bateman Evans Kolbe Ms. PELOSI, Radanovich Skaggs Walsh Becerra Everett Kucinich Rahall Skeen Wamp Mrs. LOWEY, Bentsen Ewing LaFalce Ramstad Skelton Waters and Ms. DELAURO. Bereuter Farr LaHood Rangel Slaughter Watkins There was no objection. Berman Fattah Lampson Redmond Smith (MI) Watt (NC) Berry Fawell Lantos Regula Smith (NJ) Watts (OK) f Bilbray Fazio Largent Reyes Smith (OR) Waxman Bilirakis Filner Latham Riggs Smith (TX) Weldon (FL) Bishop Flake LaTourette Riley Smith, Adam Weldon (PA) ANNOUNCEMENT BY THE SPEAKER Blagojevich Foglietta Lazio Rivers Snowbarger Weller PRO TEMPORE Bliley Foley Leach Rodriguez Snyder Wexler Blumenauer Forbes Levin Roemer Solomon Weygand The SPEAKER pro tempore. Pursu- Blunt Ford Lewis (CA) Rogan Souder White ant to clause 5 of rule I, the Chair an- Boehlert Fowler Lewis (GA) Rogers Spence Whitfield nounces that he will now put the ques- Boehner Fox Lewis (KY) Rohrabacher Spratt Wicker Bonior Frank (MA) Linder Ros-Lehtinen Stabenow Wise tion on the Corrections Calendar bill Bono Franks (NJ) Lipinski Rothman Stark Wolf and then on three motions to suspend Borski Frelinghuysen Livingston Roukema Stearns Wynn the rules on which further proceedings Boswell Frost LoBiondo Roybal-Allard Stenholm Yates Boucher Furse Lowey were postponed earlier today, in the Royce Stokes Young (AK) Boyd Gallegly Lucas Rush Strickland Young (FL) order in which the motions were enter- Brady Ganske Luther Ryun Stump tained. Brown (CA) Gejdenson Maloney (CT) Brown (FL) Gekas Maloney (NY) NOT VOTING—13 Votes will be taken in the following Brown (OH) Gephardt Manton order: H.R. 2343 on the Corrections Cal- Bonilla Hefner Schiff Bryant Gibbons Manzullo Edwards John Smith, Linda endar, de novo; H.R. 2414, de novo; S. Bunning Gilchrest Markey Eshoo Lofgren Woolsey 996, de novo; H.R. 2027, de novo; H.R. Burr Gillmor Martinez Gonzalez Ortiz Burton Gilman Mascara Hastings (FL) Pelosi 1683, de novo; H.R. 643, de novo; H.R. Buyer Goode Matsui 824, de novo; S. 1000, de novo; H.R. 29, Callahan Goodlatte McCarthy (MO) b 1845 de novo; S. 871, de novo; H.R. 1420, con- Calvert Goodling McCarthy (NY) curring in Senate amendments, de Camp Gordon McCollum Ms. DANNER changed her vote from Campbell Goss McCrery ‘‘nay’’ to ‘‘yea.’’ novo; and H.R. 1948, de novo. Canady Graham McDade Again, under previous agreement Cannon Granger McDermott So (three-fifths having voted in favor there will be three electronic votes Capps Green McGovern thereof) the bill was passed. Cardin Greenwood McHale during this voting period. The result of the vote was announced Carson Gutierrez McHugh as above recorded. The Chair will reduce to 5 minutes Castle Gutknecht McInnis the time for any electronic vote after Chabot Hall (OH) McIntosh A motion to reconsider was laid on the first such vote in this series. Chambliss Hall (TX) McIntyre the table. Chenoweth Hamilton McKeon f f Christensen Hansen McKinney Clay Harman McNulty Clayton Hastert Meehan ANNOUNCEMENT BY THE SPEAKER THRIFT DEPOSITOR PROTECTION Clement Hastings (WA) Meek PRO TEMPORE OVERSIGHT BOARD Clyburn Hayworth Menendez Coble Hefley Metcalf The SPEAKER pro tempore [Mr. The SPEAKER pro tempore. The Coburn Herger Mica GUTKNECHT]. Pursuant to the provi- pending business is the question of pas- Collins Hill Millender- sions of clause 5 of rule I, the Chair an- Combest Hilleary McDonald nounces that he will reduce to a mini- sage of the bill, H.R. 2343, on which fur- Condit Hilliard Miller (CA) ther proceedings were postponed. Conyers Hinchey Miller (FL) mum of 5 minutes the period of time The Clerk read the title of the bill. Cook Hinojosa Minge within which a vote by electronic de- The SPEAKER pro tempore. The Cooksey Hobson Mink vice may be taken on the next two mo- Costello Hoekstra Moakley question is on the passage of the bill. Cox Holden Mollohan tions to suspend the rules on which the The question was taken; and the Coyne Hooley Moran (KS) Chair has postponed further proceed- Speaker pro tempore announced that Cramer Horn Moran (VA) ings, and on which recorded votes may Crane Hostettler Morella be ordered. the ayes appeared to have it. Crapo Houghton Murtha Mr. MILLER of California. Mr. Cubin Hoyer Myrick Votes on additional suspension mo- Speaker, I object to the vote on the Cummings Hulshof Nadler tions will be postponed until approxi- ground that a quorum is not present Cunningham Hunter Neal mately 9 p.m. Danner Hutchinson Nethercutt and make the point of order that a Davis (FL) Hyde Neumann f quorum is not present. Davis (IL) Inglis Ney The SPEAKER pro tempore. Evi- Davis (VA) Istook Northup THE 50 STATES COMMEMORATIVE Deal Jackson (IL) Norwood COIN PROGRAM ACT dently a quorum is not present. DeFazio Jackson-Lee Nussle The Sergeant at Arms will notify ab- DeGette (TX) Oberstar The SPEAKER pro tempore. The sent Members. Delahunt Jefferson Obey pending business is the question of sus- The vote was taken by electronic de- DeLauro Jenkins Olver pending the rules and passing the bill, DeLay Johnson (CT) Owens vice, and there were—yeas 420, nays 0, Dellums Johnson (WI) Oxley H.R. 2414, as amended. not voting 13, as follows: Deutsch Johnson, E.B. Packard The Clerk read the title of the bill. September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7655 The SPEAKER pro tempore. The Lewis (CA) Parker Skaggs PROVIDING AUTHORIZATION FOR Lewis (GA) Pascrell Skeen question is on the motion offered by Lewis (KY) Pastor Skelton ARBITRATION IN UNITED the gentleman from Delaware [Mr. Linder Paul Smith (MI) STATES DISTRICT COURTS CASTLE] that the House suspend the Lipinski Paxon Smith (NJ) The SPEAKER pro tempore. The rules and pass the bill, H.R. 2414, as Livingston Payne Smith (OR) Lowey Pease Smith (TX) pending business is the question of sus- amended. Lucas Pelosi Smith, Adam pending the rules and passing the Sen- The question was taken; and the Luther Peterson (MN) Smith, Linda ate bill, S. 996, as amended. Speaker pro tempore announced that Maloney (CT) Peterson (PA) Snowbarger Maloney (NY) Petri Snyder The Clerk read the title of the Senate the ayes appeared to have it. Manton Pickering Solomon bill. RECORDED VOTE Manzullo Pickett Souder The SPEAKER pro tempore. The Mr. TIERNEY. Mr. Speaker, I de- Markey Pitts Spence Martinez Pombo Spratt question is on the motion offered by mand a recorded vote. Mascara Pomeroy Stabenow the gentleman from North Carolina A recorded vote was ordered. Matsui Porter Stark [Mr. COBLE] that the House suspend the The SPEAKER pro tempore. This McCarthy (MO) Portman Stearns rules and pass the Senate bill, S. 996, as McCarthy (NY) Poshard Stenholm will be a 5-minute vote. McCollum Price (NC) Stokes amended. The vote was taken by electronic de- McCrery Pryce (OH) Strickland The question was taken; and the vice, and there were—ayes 413, noes 6, McDade Quinn Stump Speaker pro tempore announced that not voting 14, as follows: McDermott Radanovich Stupak McGovern Rahall Sununu the ayes appeared to have it. [Roll No. 417] McHale Ramstad Talent RECORDED VOTE AYES—413 McHugh Rangel Tanner Mr. DOGGETT. Mr. Speaker, I de- McInnis Redmond Tauscher Abercrombie Cooksey Graham McIntosh Regula Tauzin mand a recorded vote. Ackerman Costello Granger McIntyre Reyes Taylor (MS) A recorded vote was ordered. Aderholt Coyne Green McKeon Riggs Thomas The vote was taken by electronic de- Allen Cramer Greenwood McKinney Riley Thompson Andrews Crane Gutierrez McNulty Rivers Thune vice, and there were—ayes 421, noes 0, Archer Crapo Gutknecht Meehan Rodriguez Thurman not voting 12, as follows: Armey Cubin Hall (OH) Meek Roemer Tiahrt [Roll No 418] Bachus Cummings Hall (TX) Menendez Rogan Tierney Baesler Cunningham Hamilton Metcalf Rogers Torres AYES—421 Baker Danner Hansen Mica Rohrabacher Towns Abercrombie Clay Ford Baldacci Davis (FL) Harman Millender- Ros-Lehtinen Traficant Ackerman Clayton Fowler Ballenger Davis (IL) Hastert McDonald Rothman Turner Aderholt Clement Fox Barcia Davis (VA) Hastings (WA) Miller (CA) Roybal-Allard Upton Allen Clyburn Frank (MA) Barr Deal Hayworth Miller (FL) Royce Velazquez Andrews Coble Franks (NJ) Barrett (NE) DeFazio Hefley Minge Rush Vento Archer Coburn Frelinghuysen Barrett (WI) DeGette Herger Mink Ryun Visclosky Armey Collins Frost Bartlett Delahunt Hill Moakley Sabo Walsh Bachus Combest Furse Barton DeLauro Hilleary Mollohan Salmon Wamp Baesler Condit Gallegly Bass DeLay Hilliard Moran (KS) Sanchez Waters Baker Conyers Ganske Bateman Dellums Hinchey Moran (VA) Sanders Watkins Baldacci Cook Gejdenson Becerra Deutsch Hobson Morella Sandlin Watt (NC) Ballenger Cooksey Gekas Bentsen Diaz-Balart Hoekstra Murtha Sanford Watts (OK) Barcia Costello Gephardt Bereuter Dickey Holden Myrick Sawyer Waxman Barr Cox Gibbons Berman Dicks Hooley Nadler Saxton Weldon (FL) Barrett (NE) Coyne Gilchrest Berry Dingell Horn Neal Scarborough Weldon (PA) Barrett (WI) Cramer Gillmor Bilbray Dixon Hostettler Nethercutt Schaefer, Dan Weller Bartlett Crane Gilman Bilirakis Doggett Houghton Neumann Schaffer, Bob Wexler Barton Crapo Goode Bishop Dooley Hoyer Ney Schumer Weygand Bass Cubin Goodlatte Blagojevich Doolittle Hulshof Northup Scott White Bateman Cummings Goodling Bliley Doyle Hunter Norwood Sensenbrenner Whitfield Becerra Cunningham Gordon Blumenauer Dreier Hutchinson Nussle Serrano Wicker Bentsen Danner Goss Blunt Duncan Hyde Oberstar Sessions Wise Bereuter Davis (FL) Graham Boehlert Dunn Inglis Obey Shadegg Wolf Berman Davis (IL) Granger Boehner Ehlers Istook Olver Shaw Wynn Berry Davis (VA) Green Bonior Ehrlich Jackson (IL) Owens Shays Yates Bilbray Deal Greenwood Bono Emerson Jackson-Lee Oxley Sherman Young (AK) Bilirakis DeFazio Gutierrez Borski Engel (TX) Packard Shimkus Young (FL) Bishop DeGette Gutknecht Boswell English Jefferson Pallone Shuster Blagojevich Delahunt Hall (OH) Boucher Ensign Jenkins Pappas Sisisky Bliley DeLauro Hall (TX) Boyd Etheridge Johnson (CT) Blumenauer DeLay Hamilton Brady Evans Johnson (WI) NOES—6 Blunt Dellums Hansen Brown (CA) Everett Johnson, E. B. Coburn LoBiondo Slaughter Boehlert Deutsch Harman Brown (FL) Ewing Johnson, Sam Ganske Roukema Thornberry Boehner Diaz-Balart Hastert Brown (OH) Farr Jones Bonior Dickey Hastings (WA) Bryant Fattah Kanjorski NOT VOTING—14 Bono Dicks Hayworth Bunning Fawell Kaptur Bonilla Hastings (FL) Ortiz Borski Dingell Hefley Burr Fazio Kasich Cox Hefner Schiff Boswell Dixon Herger Burton Filner Kelly Edwards Hinojosa Taylor (NC) Boucher Doggett Hill Buyer Flake Kennedy (MA) Eshoo John Woolsey Boyd Dooley Hilleary Callahan Foglietta Kennedy (RI) Gonzalez Lofgren Brady Doolittle Hilliard Calvert Foley Kennelly Brown (CA) Doyle Hinchey Camp Forbes Kildee Brown (FL) Dreier Hinojosa Campbell Ford b 1856 Kilpatrick Brown (OH) Duncan Hobson Canady Fowler Kim So (two-thirds having voted in favor Bryant Dunn Hoekstra Cannon Fox Kind (WI) Bunning Ehlers Holden Capps Frank (MA) thereof), the rules were suspended and King (NY) Burr Ehrlich Hooley Cardin Franks (NJ) Kingston the bill, as amended, was passed. Burton Emerson Horn Carson Frelinghuysen Kleczka The result of the vote was announced Buyer Engel Hostettler Castle Frost Klink Callahan English Houghton Chabot Furse as above recorded. Klug Calvert Ensign Hoyer Chambliss Gallegly A motion to reconsider was laid on Knollenberg Camp Etheridge Hulshof Chenoweth Gejdenson Kolbe the table. Campbell Evans Hunter Christensen Gekas Kucinich Canady Everett Hutchinson Clay Gephardt f LaFalce Cannon Farr Hyde Clayton Gibbons LaHood Capps Fattah Inglis Clement Gilchrest Lampson ANNOUNCEMENT BY THE SPEAKER Cardin Fawell Istook Clyburn Gillmor Lantos PRO TEMPORE Carson Fazio Jackson (IL) Coble Gilman Largent Castle Filner Jackson-Lee Collins Goode Latham The SPEAKER pro tempore. The Chabot Flake (TX) Combest Goodlatte LaTourette Chair would remind Members that this Chambliss Foglietta Jefferson Condit Goodling Lazio Chenoweth Foley Jenkins Conyers Gordon will be the last recorded vote in this se- Leach Christensen Forbes Johnson (CT) Cook Goss Levin ries. This will be a 5-minute vote. H7656 CONGRESSIONAL RECORD — HOUSE September 23, 1997 Johnson (WI) Mollohan Scott tration in United States district courts, and ment on the bill (H.R. 2266) making ap- Johnson, E. B. Moran (KS) Sensenbrenner for other purposes.’’. Johnson, Sam Moran (VA) Serrano propriations for the Department of De- Jones Morella Sessions A motion to reconsider was laid on fense for the fiscal year ending Sep- Kanjorski Murtha Shadegg the table. tember 30, 1998, and for other purposes: Kaptur Myrick Shaw CONFERENCE REPORT (H. REPT. 105–265) Kasich Nadler Shays f Kelly Neal Sherman The committee of conference on the dis- Kennedy (MA) Nethercutt Shimkus PERSONAL EXPLANATION agreeing votes of the two Houses on the Kennedy (RI) Neumann Shuster Ms. ESHOO. Mr. Speaker, I was unavoid- amendment of the Senate to the bill (H.R. Kennelly Ney Sisisky ably delayed and missed votes 416, 417, and 2266) ‘‘making appropriations for the Depart- Kildee Northup Skaggs ment of Defense for the fiscal year ending Kilpatrick Norwood Skeen 418 because my flight from San Francisco to Kim Nussle Skelton Washington, United flight 964, was canceled September 30, 1998, and for other purposes,’’ having met, after full and free conference, Kind (WI) Oberstar Slaughter and I had to take a later flight. Had I been King (NY) Obey Smith (MI) have agreed to recommend and do rec- Kingston Olver Smith (NJ) present, I would have voted ``aye'' on 416, ommend to their respective Houses as fol- Kleczka Owens Smith (OR) ``aye'' on 417, and ``aye'' on 418. lows: Klink Oxley Smith (TX) f That the House recede from its disagree- Klug Packard Smith, Adam ment to the amendment of the Senate, and Knollenberg Pallone Smith, Linda RECESS Kolbe Pappas Snowbarger agree to the same with an amendment, as Kucinich Parker Snyder The SPEAKER pro tempore (Mr. follows: In lieu of the matter stricken and inserted LaFalce Pascrell Solomon GUTKNECHT). Pursuant to clause 12 of LaHood Pastor Souder by said amendment, insert: rule I, the Chair declares the House in Lampson Paul Spence That the following sums are appropriated, out Lantos Paxon Spratt recess until approximately 9 p.m. of any money in the Treasury not otherwise ap- Largent Payne Stabenow Accordingly (at 7 o’clock and 7 min- Latham Pease Stark propriated, for the fiscal year ending September LaTourette Pelosi Stearns utes p.m.), the House stood in recess 30, 1998, for military functions administered by Lazio Peterson (MN) Stenholm until approximately 9 p.m. the Department of Defense, and for other pur- Leach Peterson (PA) Stokes f poses, namely: Levin Petri Strickland TITLE I Lewis (CA) Pickering Stump b 2100 Lewis (GA) Pickett Stupak MILITARY PERSONNEL Lewis (KY) Pitts Sununu AFTER RECESS MILITARY PERSONNEL, ARMY Linder Pombo Talent Lipinski Pomeroy Tanner The recess having expired, the House For pay, allowances, individual clothing, sub- Livingston Porter Tauscher was called to order by the Speaker pro sistence, interest on deposits, gratuities, perma- nent change of station travel (including all ex- LoBiondo Portman Tauzin tempore (Mr. GUTKNECHT) at 9 p.m. Lowey Poshard Taylor (MS) penses thereof for organizational movements), Lucas Price (NC) Taylor (NC) f and expenses of temporary duty travel between Luther Pryce (OH) Thomas REPORT ON RESOLUTION WAIVING permanent duty stations, for members of the Maloney (CT) Quinn Thompson Army on active duty (except members of reserve Maloney (NY) Radanovich Thornberry POINTS OF ORDER AGAINST CON- components provided for elsewhere), cadets, and Manton Rahall Thune FERENCE REPORT ON H.R. 2209, Manzullo Ramstad Thurman aviation cadets; and for payments pursuant to Markey Rangel Tiahrt LEGISLATIVE BRANCH APPRO- section 156 of Public Law 97–377, as amended (42 Martinez Redmond Tierney PRIATIONS ACT, 1998 U.S.C. 402 note), to section 229(b) of the Social Mascara Regula Torres Mr. SOLOMON, from the Committee Security Act (42 U.S.C. 429(b)), and to the De- Matsui Reyes Towns partment of Defense Military Retirement Fund; McCarthy (MO) Riggs Traficant on Rules, submitted a privileged report $20,452,057,000. McCarthy (NY) Riley Turner (Rept. No. 105–263) on the resolution (H. MILITARY PERSONNEL, NAVY McCollum Rivers Upton Res. 238) waiving points of order McCrery Rodriguez Velazquez For pay, allowances, individual clothing, sub- McDade Roemer Vento against the conference report to ac- sistence, interest on deposits, gratuities, perma- McDermott Rogan Visclosky company the bill (H.R. 2209) making nent change of station travel (including all ex- McGovern Rogers Walsh appropriations for the legislative McHale Rohrabacher Wamp penses thereof for organizational movements), McHugh Ros-Lehtinen Waters branch for the fiscal year ending Sep- and expenses of temporary duty travel between McInnis Rothman Watkins tember 30, 1998, and for other purposes, permanent duty stations, for members of the McIntosh Roukema Watt (NC) which was referred to the House Cal- Navy on active duty (except members of the Re- McIntyre Roybal-Allard Watts (OK) endar and ordered to be printed. serve provided for elsewhere), midshipmen, and McKeon Royce Waxman aviation cadets; and for payments pursuant to McKinney Rush Weldon (FL) f section 156 of Public Law 97–377, as amended (42 McNulty Ryun Weldon (PA) Meehan Sabo Weller REPORT ON RESOLUTION PROVID- U.S.C. 402 note), to section 229(b) of the Social Meek Salmon Wexler ING FOR CONSIDERATION OF Security Act (42 U.S.C. 429(b)), and to the De- Menendez Sanchez Weygand partment of Defense Military Retirement Fund; Metcalf Sanders White H.R. 2267, DEPARTMENTS OF $16,493,518,000. Mica Sandlin Whitfield COMMERCE, JUSTICE, AND MILITARY PERSONNEL, MARINE CORPS Millender- Sanford Wicker STATE, THE JUDICIARY, AND RE- For pay, allowances, individual clothing, sub- McDonald Sawyer Wise LATED AGENCIES APPROPRIA- Miller (CA) Saxton Wolf sistence, interest on deposits, gratuities, perma- Miller (FL) Scarborough Wynn TIONS ACT, 1998 nent change of station travel (including all ex- Minge Schaefer, Dan Yates Mr. SOLOMON, from the Committee penses thereof for organizational movements), Mink Schaffer, Bob Young (AK) and expenses of temporary duty travel between Moakley Schumer Young (FL) on Rules, submitted a privileged report (Rept. No. 105–264) on the resolution (H. permanent duty stations, for members of the NOT VOTING—12 Marine Corps on active duty (except members of Res. 239) providing for consideration of Bonilla Gonzalez Lofgren the Reserve provided for elsewhere); and for Edwards Hastings (FL) Ortiz the bill (H.R. 2267) making appropria- payments pursuant to section 156 of Public Law Eshoo Hefner Schiff tions for the Departments of Com- 97–377, as amended (42 U.S.C. 402 note), to sec- Ewing John Woolsey merce, Justice, and State, the Judici- tion 229(b) of the Social Security Act (42 U.S.C. ary, and related agencies for the fiscal 429(b)), and to the Department of Defense Mili- b 1904 year ending September 30, 1998, and for tary Retirement Fund; $6,137,899,000. So (two-thirds having voted in favor other purposes, which was referred to MILITARY PERSONNEL, AIR FORCE thereof), the rules were suspended and the House Calendar and ordered to be For pay, allowances, individual clothing, sub- the Senate bill, as amended, was printed. sistence, interest on deposits, gratuities, perma- passed. f nent change of station travel (including all ex- The result of the vote was announced penses thereof for organizational movements), as above recorded. CONFERENCE REPORT ON H.R. 2266, and expenses of temporary duty travel between permanent duty stations, for members of the Air The title of the Senate bill was DEPARTMENT OF DEFENSE AP- PROPRIATIONS ACT, 1998 Force on active duty (except members of reserve amended so as to read: components provided for elsewhere), cadets, and ‘‘An Act to provide for the authorization of Mr. YOUNG of Florida submitted the aviation cadets; and for payments pursuant to appropriations in each fiscal year for arbi- following conference report and state- section 156 of Public Law 97–377, as amended (42 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7657

U.S.C. 402 note), to section 229(b) of the Social NATIONAL GUARD PERSONNEL, AIR FORCE cluding training, organization, and administra- Security Act (42 U.S.C. 429(b)), and to the De- For pay, allowances, clothing, subsistence, tion, of the Army Reserve; repair of facilities partment of Defense Military Retirement Fund; gratuities, travel, and related expenses for per- and equipment; hire of passenger motor vehicles; $17,102,120,000. sonnel of the Air National Guard on duty under travel and transportation; care of the dead; re- RESERVE PERSONNEL, ARMY section 10211, 10305, or 12402 of title 10 or section cruiting; procurement of services, supplies, and For pay, allowances, clothing, subsistence, 708 of title 32, United States Code, or while serv- equipment; and communications; $1,207,891,000. gratuities, travel, and related expenses for per- ing on duty under section 12301(d) of title 10 or OPERATION AND MAINTENANCE, NAVY RESERVE sonnel of the Army Reserve on active duty section 502(f) of title 32, United States Code, in under sections 10211, 10302, and 3038 of title 10, connection with performing duty specified in For expenses, not otherwise provided for, nec- United States Code, or while serving on active section 12310(a) of title 10, United States Code, essary for the operation and maintenance, in- duty under section 12301(d) of title 10, United or while undergoing training, or while perform- cluding training, organization, and administra- States Code, in connection with performing duty ing drills or equivalent duty or other duty, and tion, of the Navy Reserve; repair of facilities specified in section 12310(a) of title 10, United expenses authorized by section 16131 of title 10, and equipment; hire of passenger motor vehicles; States Code, or while undergoing reserve train- United States Code; and for payments to the De- travel and transportation; care of the dead; re- ing, or while performing drills or equivalent partment of Defense Military Retirement Fund; cruiting; procurement of services, supplies, and duty or other duty, and for members of the Re- $1,334,712,000. equipment; and communications; $921,711,000. serve Officers’ Training Corps, and expenses au- TITLE II OPERATION AND MAINTENANCE, MARINE CORPS thorized by section 16131 of title 10, United OPERATION AND MAINTENANCE RESERVE States Code; and for payments to the Depart- ment of Defense Military Retirement Fund; OPERATION AND MAINTENANCE, ARMY For expenses, not otherwise provided for, nec- $2,032,046,000. (INCLUDING TRANSFER OF FUNDS) essary for the operation and maintenance, in- cluding training, organization, and administra- RESERVE PERSONNEL, NAVY For expenses, not otherwise provided for, nec- essary for the operation and maintenance of the tion, of the Marine Corps Reserve; repair of fa- For pay, allowances, clothing, subsistence, cilities and equipment; hire of passenger motor gratuities, travel, and related expenses for per- Army, as authorized by law; and not to exceed $11,437,000, can be used for emergencies and ex- vehicles; travel and transportation; care of the sonnel of the Navy Reserve on active duty under dead; recruiting; procurement of services, sup- section 10211 of title 10, United States Code, or traordinary expenses, to be expended on the ap- proval or authority of the Secretary of the plies, and equipment; and communications; while serving on active duty under section $116,366,000. 12301(d) of title 10, United States Code, in con- Army, and payments may be made on his certifi- nection with performing duty specified in sec- cate of necessity for confidential military pur- OPERATION AND MAINTENANCE, AIR FORCE tion 12310(a) of title 10, United States Code, or poses; $16,754,306,000 and, in addition, RESERVE $50,000,000 shall be derived by transfer from the while undergoing reserve training, or while per- For expenses, not otherwise provided for, nec- National Defense Stockpile Transaction Fund: forming drills or equivalent duty, and for mem- essary for the operation and maintenance, in- Provided, That of the funds appropriated in this bers of the Reserve Officers’ Training Corps, cluding training, organization, and administra- paragraph, not less than $300,000,000 shall be and expenses authorized by section 16131 of title tion, of the Air Force Reserve; repair of facilities made available only for conventional ammuni- 10, United States Code; and for payments to the and equipment; hire of passenger motor vehicles; tion care and maintenance. Department of Defense Military Retirement travel and transportation; care of the dead; re- Fund; $1,376,601,000. OPERATION AND MAINTENANCE, NAVY cruiting; procurement of services, supplies, and RESERVE PERSONNEL, MARINE CORPS (INCLUDING TRANSFER OF FUNDS) equipment; and communications; $1,632,030,000. For expenses, not otherwise provided for, nec- For pay, allowances, clothing, subsistence, OPERATION AND MAINTENANCE, ARMY NATIONAL essary for the operation and maintenance of the gratuities, travel, and related expenses for per- GUARD sonnel of the Marine Corps Reserve on active Navy and the Marine Corps, as authorized by duty under section 10211 of title 10, United law; and not to exceed $5,500,000, can be used For expenses of training, organizing, and ad- States Code, or while serving on active duty for emergencies and extraordinary expenses, to ministering the Army National Guard, including under section 12301(d) of title 10, United States be expended on the approval or authority of the medical and hospital treatment and related ex- Code, in connection with performing duty speci- Secretary of the Navy, and payments may be penses in non-Federal hospitals; maintenance, fied in section 12310(a) of title 10, United States made on his certificate of necessity for confiden- operation, and repairs to structures and facili- Code, or while undergoing reserve training, or tial military purposes; $21,617,766,000 and, in ties; hire of passenger motor vehicles; personnel while performing drills or equivalent duty, and addition, $50,000,000 shall be derived by transfer services in the National Guard Bureau; travel for members of the Marine Corps platoon leaders from the National Defense Stockpile Trans- expenses (other than mileage), as authorized by class, and expenses authorized by section 16131 action Fund. law for Army personnel on active duty, for of title 10, United States Code; and for payments OPERATION AND MAINTENANCE, MARINE CORPS Army National Guard division, regimental, and battalion commanders while inspecting units in to the Department of Defense Military Retire- For expenses, not otherwise provided for, nec- compliance with National Guard Bureau regula- ment Fund; $391,770,000. essary for the operation and maintenance of the tions when specifically authorized by the Chief, RESERVE PERSONNEL, AIR FORCE Marine Corps, as authorized by law; National Guard Bureau; supplying and equip- For pay, allowances, clothing, subsistence, $2,372,635,000. ping the Army National Guard as authorized by gratuities, travel, and related expenses for per- OPERATION AND MAINTENANCE, AIR FORCE law; and expenses of repair, modification, main- sonnel of the Air Force Reserve on active duty (INCLUDING TRANSFER OF FUNDS) tenance, and issue of supplies and equipment under sections 10211, 10305, and 8038 of title 10, For expenses, not otherwise provided for, nec- (including aircraft); $2,419,632,000: Provided, United States Code, or while serving on active essary for the operation and maintenance of the That not later than March 15, 1998, the Director duty under section 12301(d) of title 10, United Air Force, as authorized by law; and not to ex- of the Army National Guard shall provide a re- States Code, in connection with performing duty ceed $8,362,000 can be used for emergencies and port to the congressional defense committees specified in section 12310(a) of title 10, United extraordinary expenses, to be expended on the identifying the allocation, by installation and States Code, or while undergoing reserve train- approval or authority of the Secretary of the Air activity, of all base operations funds appro- ing, or while performing drills or equivalent Force, and payments may be made on his certifi- priated under this heading. duty or other duty, and for members of the Air cate of necessity for confidential military pur- Reserve Officers’ Training Corps, and expenses OPERATION AND MAINTENANCE, AIR NATIONAL poses; $18,492,883,000 and, in addition, authorized by section 16131 of title 10, United GUARD $50,000,000 shall be derived by transfer from the States Code; and for payments to the Depart- National Defense Stockpile Transaction Fund. For operation and maintenance of the Air Na- ment of Defense Military Retirement Fund; tional Guard, including medical and hospital OPERATION AND MAINTENANCE, DEFENSE-WIDE $815,915,000. treatment and related expenses in non-Federal NATIONAL GUARD PERSONNEL, ARMY For expenses, not otherwise provided for, nec- hospitals; maintenance, operation, repair, and For pay, allowances, clothing, subsistence, essary for the operation and maintenance of ac- other necessary expenses of facilities for the gratuities, travel, and related expenses for per- tivities and agencies of the Department of De- training and administration of the Air National sonnel of the Army National Guard while on fense (other than the military departments), as Guard, including repair of facilities, mainte- duty under section 10211, 10302, or 12402 of title authorized by law; $10,369,740,000, of which not nance, operation, and modification of aircraft; 10 or section 708 of title 32, United States Code, to exceed $25,000,000 may be available for the transportation of things, hire of passenger or while serving on duty under section 12301(d) CINC initiative fund account; and of which not motor vehicles; supplies, materials, and equip- of title 10 or section 502(f) of title 32, United to exceed $28,850,000 can be used for emergencies ment, as authorized by law for the Air National States Code, in connection with performing duty and extraordinary expenses, to be expended on Guard; and expenses incident to the mainte- specified in section 12310(a) of title 10, United the approval or authority of the Secretary of nance and use of supplies, materials, and equip- States Code, or while undergoing training, or Defense, and payments may be made on his cer- ment, including such as may be furnished from while performing drills or equivalent duty or tificate of necessity for confidential military stocks under the control of agencies of the De- other duty, and expenses authorized by section purposes. partment of Defense; travel expenses (other than 16131 of title 10, United States Code; and for OPERATION AND MAINTENANCE, ARMY RESERVE mileage) on the same basis as authorized by law payments to the Department of Defense Military For expenses, not otherwise provided for, nec- for Air National Guard personnel on active Fed- Retirement Fund; $3,333,867,000. essary for the operation and maintenance, in- eral duty, for Air National Guard commanders H7658 CONGRESSIONAL RECORD — HOUSE September 23, 1997 while inspecting units in compliance with Na- be merged with and to be available for the same ment of Defense (including military housing and tional Guard Bureau regulations when specifi- purposes and for the same time period as the ap- barracks); $360,000,000, for the maintenance of cally authorized by the Chief, National Guard propriations to which transferred: Provided fur- real property of the Department of Defense (in- Bureau; $3,013,282,000. ther, That upon a determination that all or part cluding minor construction and major mainte- OVERSEAS CONTINGENCY OPERATIONS TRANSFER of the funds transferred from this appropriation nance and repair), which shall remain available FUND are not necessary for the purposes provided for obligation until September 30, 1999, as fol- (INCLUDING TRANSFER OF FUNDS) herein, such amounts may be transferred back lows: to this appropriation. Army, $100,000,000; For expenses directly relating to Overseas Navy, $70,000,000; ENVIRONMENTAL RESTORATION, DEFENSE-WIDE Contingency Operations by United States mili- Marine Corps, $45,000,000; and tary forces; $1,884,000,000: Provided, That the (INCLUDING TRANSFER OF FUNDS) Air Force, $145,000,000. Secretary of Defense may transfer these funds For the Department of Defense, $26,900,000, to TITLE III only to operation and maintenance accounts remain available until transferred: Provided, PROCUREMENT within this title, and working capital funds: That the Secretary of Defense shall, upon deter- Provided further, That the funds transferred mining that such funds are required for envi- AIRCRAFT PROCUREMENT, ARMY shall be merged with and shall be available for ronmental restoration, reduction and recycling For construction, procurement, production, the same purposes and for the same time period, of hazardous waste, removal of unsafe buildings modification, and modernization of aircraft, as the appropriation to which transferred: Pro- and debris of the Department of Defense, or for equipment, including ordnance, ground han- vided further, That the transfer authority pro- similar purposes, transfer the funds made avail- dling equipment, spare parts, and accessories vided in this paragraph is in addition to any able by this appropriation to other appropria- therefor; specialized equipment and training de- other transfer authority contained elsewhere in tions made available to the Department of De- vices; expansion of public and private plants, this Act. fense, to be merged with and to be available for including the land necessary therefor, for the UNITED STATES COURT OF APPEALS FOR THE the same purposes and for the same time period foregoing purposes, and such lands and inter- ARMED FORCES as the appropriations to which transferred: Pro- ests therein, may be acquired, and construction prosecuted thereon prior to approval of title; For salaries and expenses necessary for the vided further, That upon a determination that and procurement and installation of equipment, United States Court of Appeals for the Armed all or part of the funds transferred from this ap- appliances, and machine tools in public and pri- Forces; $6,952,000, of which not to exceed $2,500 propriation are not necessary for the purposes vate plants; reserve plant and Government and can be used for official representation purposes. provided herein, such amounts may be trans- ferred back to this appropriation. contractor-owned equipment layaway; and ENVIRONMENTAL RESTORATION, ARMY other expenses necessary for the foregoing pur- ENVIRONMENTAL RESTORATION, FORMERLY USED (INCLUDING TRANSFER OF FUNDS) poses; $1,346,317,000, to remain available for ob- DEFENSE SITES For the Department of the Army, $375,337,000, ligation until September 30, 2000. (INCLUDING TRANSFER OF FUNDS) to remain available until transferred: Provided, MISSILE PROCUREMENT, ARMY For the Department of the Army, $242,300,000, That the Secretary of the Army shall, upon de- For construction, procurement, production, termining that such funds are required for envi- to remain available until transferred: Provided, That the Secretary of the Army shall, upon de- modification, and modernization of missiles, ronmental restoration, reduction and recycling equipment, including ordnance, ground han- of hazardous waste, removal of unsafe buildings termining that such funds are required for envi- ronmental restoration, reduction and recycling dling equipment, spare parts, and accessories and debris of the Department of the Army, or therefor; specialized equipment and training de- for similar purposes, transfer the funds made of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the Depart- vices; expansion of public and private plants, available by this appropriation to other appro- including the land necessary therefor, for the priations made available to the Department of ment of Defense, transfer the funds made avail- able by this appropriation to other appropria- foregoing purposes, and such lands and inter- the Army, to be merged with and to be available ests therein, may be acquired, and construction for the same purposes and for the same time pe- tions made available to the Department of the Army, to be merged with and to be available for prosecuted thereon prior to approval of title; riod as the appropriations to which transferred: and procurement and installation of equipment, Provided further, That upon a determination the same purposes and for the same time period as the appropriations to which transferred: Pro- appliances, and machine tools in public and pri- that all or part of the funds transferred from vate plants; reserve plant and Government and this appropriation are not necessary for the pur- vided further, That upon a determination that all or part of the funds transferred from this ap- contractor-owned equipment layaway; and poses provided herein, such amounts may be other expenses necessary for the foregoing pur- transferred back to this appropriation: Provided propriation are not necessary for the purposes provided herein, such amounts may be trans- poses; $762,409,000, to remain available for obli- further, That not more than twenty-five per gation until September 30, 2000. centum of funds provided under this heading ferred back to this appropriation. PROCUREMENT OF WEAPONS AND TRACKED may be obligated for environmental remediation OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC COMBAT VEHICLES, ARMY by the Corps of Engineers under total environ- AID For construction, procurement, production, mental remediation contracts. For expenses relating to the Overseas Human- and modification of weapons and tracked com- itarian, Disaster, and Civic Aid programs of the ENVIRONMENTAL RESTORATION, NAVY bat vehicles, equipment, including ordnance, Department of Defense (consisting of the pro- (INCLUDING TRANSFER OF FUNDS) spare parts, and accessories therefor; specialized grams provided under sections 401, 402, 404, For the Department of the Navy, $275,500,000, equipment and training devices; expansion of 2547, and 2551 of title 10, United States Code); to remain available until transferred: Provided, public and private plants, including the land $47,130,000, to remain available until September That the Secretary of the Navy shall, upon de- necessary therefor, for the foregoing purposes, 30, 1999. termining that such funds are required for envi- and such lands and interests therein, may be ac- ronmental restoration, reduction and recycling FORMER SOVIET UNION THREAT REDUCTION quired, and construction prosecuted thereon of hazardous waste, removal of unsafe buildings For assistance to the republics of the former prior to approval of title; and procurement and and debris of the Department of the Navy, or for Soviet Union, including assistance provided by installation of equipment, appliances, and ma- similar purposes, transfer the funds made avail- contract or by grants, for facilitating the elimi- chine tools in public and private plants; reserve able by this appropriation to other appropria- nation and the safe and secure transportation plant and Government and contractor-owned tions made available to the Department of the and storage of nuclear, chemical and other equipment layaway; and other expenses nec- Navy, to be merged with and to be available for weapons; for establishing programs to prevent essary for the foregoing purposes; $1,298,707,000, the same purposes and for the same time period the proliferation of weapons, weapons compo- to remain available for obligation until Septem- as the appropriations to which transferred: Pro- nents, and weapon-related technology and ex- ber 30, 2000. vided further, That upon a determination that pertise; for programs relating to the training PROCUREMENT OF AMMUNITION, ARMY all or part of the funds transferred from this ap- and support of defense and military personnel For construction, procurement, production, propriation are not necessary for the purposes for demilitarization and protection of weapons, and modification of ammunition, and acces- provided herein, such amounts may be trans- weapons components and weapons technology sories therefor; specialized equipment and train- ferred back to this appropriation. and expertise; $382,200,000, to remain available ing devices; expansion of public and private ENVIRONMENTAL RESTORATION, AIR FORCE until September 30, 2000: Provided, That of the plants, including ammunition facilities author- amounts provided under this heading, (INCLUDING TRANSFER OF FUNDS) ized by section 2854 of title 10, United States For the Department of the Air Force, $35,000,000 shall be available only to support the Code, and the land necessary therefor, for the $376,900,000, to remain available until trans- dismantling and disposal of nuclear submarines foregoing purposes, and such lands and inter- ferred: Provided, That the Secretary of the Air and submarine reactor components in the Rus- ests therein, may be acquired, and construction Force shall, upon determining that such funds sian Far East: Provided further, That of the prosecuted thereon prior to approval of title; are required for environmental restoration, re- amounts provided under this heading, $5,000,000 and procurement and installation of equipment, duction and recycling of hazardous waste, re- shall be available only for the Arctic Military appliances, and machine tools in public and pri- moval of unsafe buildings and debris of the De- Environmental Cooperation Program. vate plants; reserve plant and Government and partment of the Air Force, or for similar pur- QUALITY OF LIFE ENHANCEMENTS, DEFENSE contractor-owned equipment layaway; and poses, transfer the funds made available by this For expenses, not otherwise provided for, re- other expenses necessary for the foregoing pur- appropriation to other appropriations made sulting from unfunded shortfalls in the repair poses; $1,037,202,000, to remain available for ob- available to the Department of the Air Force, to and maintenance of real property of the Depart- ligation until September 30, 2000. September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7659

OTHER PROCUREMENT, ARMY NSSN, $2,314,903,000; portation of things; $6,480,983,000, to remain For construction, procurement, production, NSSN (AP), $284,859,000; available for obligation until September 30, 2000: and modification of vehicles, including tactical, CVN–77 (AP), $50,000,000; Provided, That of the funds made available support, and non-tracked combat vehicles; com- CVN Refuelings, $1,615,003,000; under this heading, $331,000,000 shall be avail- munications and electronic equipment; other CVN Refuelings (AP), $46,855,000; able for long lead activities related to the pro- support equipment; spare parts, ordnance, and DDG–51 destroyer program, $3,411,200,000; curement of additional B–2 bombers: Provided accessories therefor; specialized equipment and DDG–51 destroyer program (AP), $157,806,000; further, That if the President determines that training devices; expansion of public and pri- LPD–17 amphibious transport dock ship (AP), no additional B–2 bombers should be procured vate plants, including the land necessary there- $100,000,000; during this fiscal year, and he certifies to the for, for the foregoing purposes, and such lands Oceanographic ship program (AP), Congress his decision, the funding described in and interests therein, may be acquired, and con- $16,000,000; the previous proviso shall be made available to LCAC landing craft air cushion program, struction prosecuted thereon prior to approval modify and repair the existing fleet of B–2 bomb- $20,000,000; and of title; and procurement and installation of ers. For craft, outfitting, post delivery, conver- equipment, appliances, and machine tools in sions, and first destination transportation, MISSILE PROCUREMENT, AIR FORCE public and private plants; reserve plant and $137,521,000; For construction, procurement, and modifica- Government and contractor-owned equipment tion of missiles, spacecraft, rockets, and related layaway; and other expenses necessary for the In all: $8,235,591,000, to remain available for ob- ligation until September 30, 2002: Provided, That equipment, including spare parts and acces- foregoing purposes; $2,679,130,000, to remain sories therefor, ground handling equipment, and available for obligation until September 30, 2000. additional obligations may be incurred after September 30, 2002, for engineering services, training devices; expansion of public and pri- AIRCRAFT PROCUREMENT, NAVY tests, evaluations, and other such budgeted vate plants, Government-owned equipment and For construction, procurement, production, work that must be performed in the final stage installation thereof in such plants, erection of modification, and modernization of aircraft, of ship construction: Provided further, That structures, and acquisition of land, for the fore- equipment, including ordnance, spare parts, none of the funds provided under this heading going purposes, and such lands and interests and accessories therefor; specialized equipment; for the construction or conversion of any naval therein, may be acquired, and construction expansion of public and private plants, includ- vessel to be constructed in shipyards in the prosecuted thereon prior to approval of title; re- ing the land necessary therefor, and such lands United States shall be expended in foreign fa- serve plant and Government and contractor- and interests therein, may be acquired, and con- cilities for the construction of major components owned equipment layaway; and other expenses struction prosecuted thereon prior to approval of such vessel: Provided further, That none of necessary for the foregoing purposes including of title; and procurement and installation of the funds provided under this heading shall be rents and transportation of things; equipment, appliances, and machine tools in used for the construction of any naval vessel in $2,394,202,000, to remain available for obligation public and private plants; reserve plant and foreign shipyards. until September 30, 2000. Government and contractor-owned equipment PROCUREMENT OF AMMUNITION, AIR FORCE layaway; $6,535,444,000, to remain available for OTHER PROCUREMENT, NAVY obligation until September 30, 2000. For procurement, production, and moderniza- For construction, procurement, production, and modification of ammunition, and acces- WEAPONS PROCUREMENT, NAVY tion of support equipment and materials not otherwise provided for, Navy ordnance (except sories therefor; specialized equipment and train- For construction, procurement, production, ing devices; expansion of public and private modification, and modernization of missiles, tor- ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of not plants, including ammunition facilities author- pedoes, other weapons, and related support ized by section 2854, title 10, United States Code, equipment including spare parts, and acces- to exceed 194 passenger motor vehicles for re- placement only; and the purchase of one vehicle and the land necessary therefor, for the fore- sories therefor; expansion of public and private going purposes, and such lands and interests plants, including the land necessary therefor, required for physical security of personnel, not- withstanding price limitations applicable to pas- therein, may be acquired, and construction and such lands and interests therein, may be ac- prosecuted thereon prior to approval of title; quired, and construction prosecuted thereon senger vehicles but not to exceed $232,340 per ve- hicle; expansion of public and private plants, and procurement and installation of equipment, prior to approval of title; and procurement and appliances, and machine tools in public and pri- installation of equipment, appliances, and ma- including the land necessary therefor, and such lands and interests therein, may be acquired, vate plants; reserve plant and Government and chine tools in public and private plants; reserve contractor-owned equipment layaway; and plant and Government and contractor-owned and construction prosecuted thereon prior to ap- proval of title; and procurement and installation other expenses necessary for the foregoing pur- equipment layaway; $1,102,193,000, to remain poses; $398,534,000, to remain available for obli- available for obligation until September 30, 2000. of equipment, appliances, and machine tools in public and private plants; reserve plant and gation until September 30, 2000. PROCUREMENT OF AMMUNITION, NAVY AND Government and contractor-owned equipment OTHER PROCUREMENT, AIR FORCE MARINE CORPS layaway; $3,144,205,000, to remain available for For procurement and modification of equip- For construction, procurement, production, obligation until September 30, 2000. and modification of ammunition, and acces- ment (including ground guidance and electronic PROCUREMENT, MARINE CORPS sories therefor; specialized equipment and train- control equipment, and ground electronic and ing devices; expansion of public and private For expenses necessary for the procurement, communication equipment), and supplies, mate- plants, including ammunition facilities author- manufacture, and modification of missiles, ar- rials, and spare parts therefor, not otherwise ized by section 2854 of title 10, United States mament, military equipment, spare parts, and provided for; the purchase of not to exceed 196 Code, and the land necessary therefor, for the accessories therefor; plant equipment, appli- passenger motor vehicles for replacement only; foregoing purposes, and such lands and inter- ances, and machine tools, and installation the purchase of one vehicle required for phys- ests therein, may be acquired, and construction thereof in public and private plants; reserve ical security of personnel, notwithstanding price prosecuted thereon prior to approval of title; plant and Government and contractor-owned limitations applicable to passenger vehicles but and procurement and installation of equipment, equipment layaway; vehicles for the Marine not to exceed $232,340 per vehicle; and expan- appliances, and machine tools in public and pri- Corps, including the purchase of not to exceed sion of public and private plants, Government- vate plants; reserve plant and Government and 40 passenger motor vehicles for replacement owned equipment and installation thereof in contractor-owned equipment layaway; and only; and expansion of public and private such plants, erection of structures, and acquisi- other expenses necessary for the foregoing pur- plants, including land necessary therefor, and tion of land, for the foregoing purposes, and poses; $397,547,000, to remain available for obli- such lands and interests therein, may be ac- such lands and interests therein, may be ac- gation until September 30, 2000. quired, and construction prosecuted thereon quired, and construction prosecuted thereon, prior to approval of title; $482,398,000, to remain prior to approval of title; reserve plant and Gov- SHIPBUILDING AND CONVERSION, NAVY available for obligation until September 30, 2000. ernment and contractor-owned equipment lay- For expenses necessary for the construction, AIRCRAFT PROCUREMENT, AIR FORCE away; $6,592,909,000, to remain available for ob- acquisition, or conversion of vessels as author- ligation until September 30, 2000. ized by law, including armor and armament For construction, procurement, and modifica- thereof, plant equipment, appliances, and ma- tion of aircraft and equipment, including armor PROCUREMENT, DEFENSE-WIDE chine tools and installation thereof in public and armament, specialized ground handling For expenses of activities and agencies of the and private plants; reserve plant and Govern- equipment, and training devices, spare parts, Department of Defense (other than the military ment and contractor-owned equipment layaway; and accessories therefor; specialized equipment; departments) necessary for procurement, pro- procurement of critical, long leadtime compo- expansion of public and private plants, Govern- duction, and modification of equipment, sup- nents and designs for vessels to be constructed ment-owned equipment and installation thereof plies, materials, and spare parts therefor, not or converted in the future; and expansion of in such plants, erection of structures, and ac- otherwise provided for; the purchase of not to public and private plants, including land nec- quisition of land, for the foregoing purposes, exceed 381 passenger motor vehicles for replace- essary therefor, and such lands and interests and such lands and interests therein, may be ac- ment only; expansion of public and private therein, may be acquired, and construction quired, and construction prosecuted thereon plants, equipment, and installation thereof in prosecuted thereon prior to approval of title, as prior to approval of title; reserve plant and Gov- such plants, erection of structures, and acquisi- follows: ernment and contractor-owned equipment lay- tion of land for the foregoing purposes, and For continuation of the SSN–21 attack sub- away; and other expenses necessary for the such lands and interests therein, may be ac- marine program, $153,444,000; foregoing purposes including rents and trans- quired, and construction prosecuted thereon H7660 CONGRESSIONAL RECORD — HOUSE September 23, 1997 prior to approval of title; reserve plant and Gov- rector, Operational Test and Evaluation in the DRUG INTERDICTION AND COUNTER-DRUG ernment and contractor-owned equipment lay- direction and supervision of operational test ACTIVITIES, DEFENSE away; $2,106,444,000, to remain available for ob- and evaluation, including initial operational (INCLUDING TRANSFER OF FUNDS) ligation until September 30, 2000. test and evaluation which is conducted prior to, For drug interdiction and counter-drug activi- NATIONAL GUARD AND RESERVE EQUIPMENT and in support of, production decisions; joint ties of the Department of Defense, for transfer For procurement of aircraft, missiles, tracked operational testing and evaluation; and admin- to appropriations available to the Department of combat vehicles, ammunition, other weapons, istrative expenses in connection therewith; Defense for military personnel of the reserve and other procurement for the reserve compo- $31,384,000, to remain available for obligation components serving under the provisions of title nents of the Armed Forces; $653,000,000, to re- until September 30, 1999. 10 and title 32, United States Code; for Oper- main available for obligation until September 30, TITLE V ation and maintenance; for Procurement; and 2000: Provided, That the Chiefs of the Reserve for Research, development, test and evaluation; REVOLVING AND MANAGEMENT FUNDS and National Guard components shall, not later $712,882,000: Provided, That the funds appro- than 30 days after the enactment of this Act, in- DEFENSE WORKING CAPITAL FUNDS priated under this head shall be available for dividually submit to the congressional defense For the Defense Working Capital Funds; obligation for the same time period and for the committees the modernization priority assess- $971,952,000. same purpose as the appropriation to which ment for their respective Reserve or National transferred: Provided further, That the transfer NATIONAL DEFENSE SEALIFT FUND Guard component. authority provided in this paragraph is in addi- TITLE IV For National Defense Sealift Fund programs, tion to any transfer authority contained else- RESEARCH, DEVELOPMENT, TEST AND projects, and activities, and for expenses of the where in this Act. EVALUATION National Defense Reserve Fleet, as established OFFICE OF THE INSPECTOR GENERAL by section 11 of the Merchant Ship Sales Act of RESEARCH, DEVELOPMENT, TEST AND For expenses and activities of the Office of the 1946 (50 U.S.C. App. 1744); $1,074,948,000, to re- EVALUATION, ARMY Inspector General in carrying out the provisions main available until expended: Provided, That of the Inspector General Act of 1978, as amend- For expenses necessary for basic and applied none of the funds provided in this paragraph ed; $138,380,000, of which $136,580,000 shall be scientific research, development, test and eval- shall be used to award a new contract that pro- for Operation and maintenance, of which not to uation, including maintenance, rehabilitation, vides for the acquisition of any of the following exceed $500,000 is available for emergencies and lease, and operation of facilities and equipment; major components unless such components are extraordinary expenses to be expended on the $5,156,507,000, to remain available for obligation manufactured in the United States: auxiliary approval or authority of the Inspector General, until September 30, 1999. equipment, including pumps, for all shipboard and payments may be made on his certificate of RESEARCH, DEVELOPMENT, TEST AND services; propulsion system components (that is; necessity for confidential military purposes; and EVALUATION, NAVY engines, reduction gears, and propellers); ship- of which $1,800,000, to remain available until For expenses necessary for basic and applied board cranes; and spreaders for shipboard September 30, 2000, shall be for Procurement. scientific research, development, test and eval- cranes: Provided further, That the exercise of uation, including maintenance, rehabilitation, an option in a contract awarded through the TITLE VII lease, and operation of facilities and equipment; obligation of previously appropriated funds RELATED AGENCIES $8,115,686,000, to remain available for obligation shall not be considered to be the award of a new CENTRAL INTELLIGENCE AGENCY RETIREMENT until September 30, 1999: Provided, That funds contract: Provided further, That the Secretary AND DISABILITY SYSTEM FUND appropriated in this paragraph which are avail- of the military department responsible for such For payment to the Central Intelligence Agen- able for the V–22 may be used to meet unique re- procurement may waive these restrictions on a cy Retirement and Disability System Fund, to quirements of the Special Operations Forces. case-by-case basis by certifying in writing to the maintain proper funding level for continuing RESEARCH, DEVELOPMENT, TEST AND Committees on Appropriations of the House of the operation of the Central Intelligence Agency EVALUATION, AIR FORCE Representatives and the Senate, that adequate Retirement and Disability System; $196,900,000. domestic supplies are not available to meet De- For expenses necessary for basic and applied INTELLIGENCE COMMUNITY MANAGEMENT partment of Defense requirements on a timely scientific research, development, test and eval- ACCOUNT uation, including maintenance, rehabilitation, basis and that such an acquisition must be made (INCLUDING TRANSFER OF FUNDS) lease, and operation of facilities and equipment; in order to acquire capability for national secu- For necessary expenses of the Intelligence $14,507,804,000, to remain available for obliga- rity purposes. Community Management Account; $121,080,000, tion until September 30, 1999: Provided, That of TITLE VI of which $39,011,000 for the Advanced Research the funds made available in this paragraph, OTHER DEPARTMENT OF DEFENSE and Development Committee and the Environ- $4,000,000 shall be only for development of coal- PROGRAMS mental Intelligence and Applications Program derived jet fuel technologies. DEFENSE HEALTH PROGRAM shall remain available until September 30, 1999: RESEARCH, DEVELOPMENT, TEST AND Provided, That of the funds appropriated under EVALUATION, DEFENSE-WIDE For expenses, not otherwise provided for, for this heading, $27,000,000 shall be transferred to For expenses of activities and agencies of the medical and health care programs of the De- the Department of Justice for the National Drug Department of Defense (other than the military partment of Defense, as authorized by law; Intelligence Center to support the Department of departments), necessary for basic and applied $10,369,075,000, of which $10,095,007,000 shall be Defense’s counter-drug intelligence responsibil- scientific research, development, test and eval- for Operation and maintenance, of which not to ities, and of the said amount, $1,500,000 for Pro- uation; advanced research projects as may be exceed two per centum shall remain available curement shall remain available until September designated and determined by the Secretary of until September 30, 1999, and of which 30, 2000, and $3,000,000 for Research, develop- Defense, pursuant to law; maintenance, reha- $274,068,000, to remain available for obligation ment, test and evaluation shall remain available bilitation, lease, and operation of facilities and until September 30, 2000, shall be for Procure- until September 30, 1999. equipment; $9,821,760,000, to remain available ment. PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, for obligation until September 30, 1999: Pro- CHEMICAL AGENTS AND MUNITIONS REMEDIATION, AND ENVIRONMENTAL RESTORA- vided, That not less than $409,898,000 of the DESTRUCTION, DEFENSE TION FUND funds appropriated in this paragraph shall be made available only for the Sea-Based Wide For expenses, not otherwise provided for, nec- For payment to Kaho’olawe Island Convey- Area Defense (Navy Upper-Tier) program: Pro- essary for the destruction of the United States ance, Remediation, and Environmental Restora- vided further, That funds appropriated for the stockpile of lethal chemical agents and muni- tion Fund, as authorized by law; $35,000,000, to Dual-Use Applications Program under section tions in accordance with the provisions of sec- remain available until expended. 5803 of the Treasury, Postal Service, and Gen- tion 1412 of the Department of Defense Author- NATIONAL SECURITY EDUCATION TRUST FUND ization Act, 1986 (50 U.S.C. 1521), and for the eral Government Appropriations Act, 1997 (Pub- For the purposes of title VIII of Public Law destruction of other chemical warfare materials lic Law 104–208), shall remain available for obli- 102–183, $2,000,000, to be derived from the Na- that are not in the chemical weapon stockpile, gation until September 30, 1998. tional Security Education Trust Fund, to re- $600,700,000, of which $462,200,000 shall be for DEVELOPMENTAL TEST AND EVALUATION, main available until expended. Operation and maintenance, $72,200,000 shall be DEFENSE for Procurement to remain available until Sep- TITLE VIII For expenses, not otherwise provided for, of tember 30, 2000, and $66,300,000 shall be for Re- GENERAL PROVISIONS independent activities of the Director, Test and search, development, test and evaluation to re- SEC. 8001. No part of any appropriation con- Evaluation in the direction and supervision of main available until September 30, 1999: Pro- tained in this Act shall be used for publicity or developmental test and evaluation, including vided, That of the funds available under this propaganda purposes not authorized by the performance and joint developmental testing heading, $1,000,000 shall be available until ex- Congress. and evaluation; and administrative expenses in pended each year only for a Johnston Atoll off- SEC. 8002. During the current fiscal year, pro- connection therewith; $258,183,000, to remain island leave program: Provided further, That visions of law prohibiting the payment of com- available for obligation until September 30, 1999. the Secretaries concerned shall, pursuant to pensation to, or employment of, any person not OPERATIONAL TEST AND EVALUATION, DEFENSE uniform regulations, prescribe travel and trans- a citizen of the United States shall not apply to For expenses, not otherwise provided for, nec- portation allowances for travel by participants personnel of the Department of Defense: Pro- essary for the independent activities of the Di- in the off-island leave program. vided, That salary increases granted to direct September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7661 and indirect hire foreign national employees of equal to the amounts appropriated to working facilities located in Hawaii, the Secretary of the the Department of Defense funded by this Act capital funds in this Act, no obligations may be Army may authorize the provision of medical shall not be at a rate in excess of the percentage made against a working capital fund to procure services at such facilities and transportation to increase authorized by law for civilian employ- or increase the value of war reserve material in- such facilities, on a nonreimbursable basis, for ees of the Department of Defense whose pay is ventory, unless the Secretary of Defense has no- civilian patients from American Samoa, the computed under the provisions of section 5332 of tified the Congress prior to any such obligation. Commonwealth of the Northern Mariana Is- title 5, United States Code, or at a rate in excess SEC. 8007. Funds appropriated by this Act lands, the Marshall Islands, the Federated of the percentage increase provided by the ap- may not be used to initiate a special access pro- States of Micronesia, Palau, and Guam. propriate host nation to its own employees, gram without prior notification 30 calendar SEC. 8010. (a) During fiscal year 1998, the ci- whichever is higher: Provided further, That this days in session in advance to the congressional vilian personnel of the Department of Defense section shall not apply to Department of De- defense committees. may not be managed on the basis of any end- fense foreign service national employees serving SEC. 8008. (a) None of the funds provided in strength, and the management of such person- at United States diplomatic missions whose pay this Act shall be available to initiate (1) a nel during that fiscal year shall not be subject is set by the Department of State under the For- multiyear contract that employs economic order to any constraint or limitation (known as an eign Service Act of 1980: Provided further, That quantity procurement in excess of $20,000,000 in end-strength) on the number of such personnel the limitations of this provision shall not apply any one year of the contract or that includes an who may be employed on the last day of such to foreign national employees of the Department unfunded contingent liability in excess of fiscal year. of Defense in the Republic of Turkey. $20,000,000, or (2) a contract for advance pro- (b) The fiscal year 1999 budget request for the SEC. 8003. No part of any appropriation con- curement leading to a multiyear contract that Department of Defense as well as all justifica- tained in this Act shall remain available for ob- employs economic order quantity procurement in tion material and other documentation support- ligation beyond the current fiscal year, unless excess of $20,000,000 in any one year, unless the ing the fiscal year 1999 Department of Defense expressly so provided herein. congressional defense committees have been no- budget request shall be prepared and submitted SEC. 8004. No more than 20 per centum of the tified at least thirty days in advance of the pro- to the Congress as if subsections (a) and (b) of appropriations in this Act which are limited for posed contract award: Provided, That no part of this provision were effective with regard to fis- obligation during the current fiscal year shall be any appropriation contained in this Act shall be cal year 1999. obligated during the last two months of the fis- available to initiate a multiyear contract for (c) Nothing in this section shall be construed cal year: Provided, That this section shall not which the economic order quantity advance pro- to apply to military (civilian) technicians. apply to obligations for support of active duty curement is not funded at least to the limits of SEC. 8011. Notwithstanding any other provi- training of reserve components or summer camp the Government’s liability: Provided further, sion of law, none of the funds made available by training of the Reserve Officers’ Training Corps. That no part of any appropriation contained in this Act shall be used by the Department of De- fense to exceed, outside the fifty United States, (TRANSFER OF FUNDS) this Act shall be available to initiate multiyear its territories, and the District of Columbia, SEC. 8005. Upon determination by the Sec- procurement contracts for any systems or com- 125,000 civilian workyears: Provided, That retary of Defense that such action is necessary ponent thereof if the value of the multiyear con- workyears shall be applied as defined in the in the national interest, he may, with the ap- tract would exceed $500,000,000 unless specifi- Federal Personnel Manual: Provided further, proval of the Office of Management and Budget, cally provided in this Act: Provided further, That workyears expended in dependent student transfer not to exceed $2,000,000,000 of working That no multiyear procurement contract can be hiring programs for disadvantaged youths shall capital funds of the Department of Defense or terminated without 10-day prior notification to not be included in this workyear limitation. funds made available in this Act to the Depart- the congressional defense committees: Provided further, That the execution of multiyear author- SEC. 8012. None of the funds made available ment of Defense for military functions (except by this Act shall be used in any way, directly or military construction) between such appropria- ity shall require the use of a present value anal- ysis to determine lowest cost compared to an an- indirectly, to influence congressional action on tions or funds or any subdivision thereof, to be any legislation or appropriation matters pend- merged with and to be available for the same nual procurement. Funds appropriated in title III of this Act may ing before the Congress. purposes, and for the same time period, as the SEC. 8013. (a) None of the funds appropriated appropriation or fund to which transferred: be used for multiyear procurement contracts as follows: by this Act shall be used to make contributions Provided, That such authority to transfer may to the Department of Defense Education Bene- not be used unless for higher priority items, Apache Longbow radar; AV–8B aircraft; and fits Fund pursuant to section 2006(g) of title 10, based on unforeseen military requirements, than Family of Medium Tactical Vehicles. United States Code, representing the normal those for which originally appropriated and in (b) None of the funds provided in this Act and cost for future benefits under section 3015(c) of no case where the item for which funds are re- hereafter may be used to submit to Congress (or title 38, United States Code, for any member of quested has been denied by Congress: Provided to any committee of Congress) a request for au- the armed services who, on or after the date of further, That the Secretary of Defense shall no- thority to enter into a contract covered by those enactment of this Act— tify the Congress promptly of all transfers made provisions of subsection (a) that precede the (1) enlists in the armed services for a period of pursuant to this authority or any other author- first proviso of that subsection unless— active duty of less than three years; or ity in this Act: Provided further, That no part (1) such request is made as part of the submis- (2) receives an enlistment bonus under section of the funds in this Act shall be available to pre- sion of the President’s Budget for the United 308a or 308f of title 37, United States Code, pare or present a request to the Committees on States Government for any fiscal year and is set nor shall any amounts representing the normal Appropriations for reprogramming of funds, un- forth in the Appendix to that budget as part of cost of such future benefits be transferred from less for higher priority items, based on unfore- proposed legislative language for appropriations the Fund by the Secretary of the Treasury to seen military requirements, than those for which bills for the next fiscal year; or the Secretary of Veterans Affairs pursuant to originally appropriated and in no case where (2) such request is formally submitted by the section 2006(d) of title 10, United States Code; the item for which reprogramming is requested President as a budget amendment; or nor shall the Secretary of Veterans Affairs pay has been denied by the Congress: Provided fur- (3) the Secretary of Defense makes such re- such benefits to any such member: Provided, ther, That of the authority provided under this quest in writing to the congressional defense That in the case of a member covered by clause section, not to exceed $65,000,000 shall be avail- committees. (1), these limitations shall not apply to members able to meet requirements for termination of the SEC. 8009. Within the funds appropriated for in combat arms skills or to members who enlist Reserve Mobilization Insurance Program, not- the operation and maintenance of the Armed in the armed services on or after July 1, 1989, withstanding chapter 1214 of title 10 of the Unit- Forces, funds are hereby appropriated pursuant under a program continued or established by the ed States Code. to section 401 of title 10, United States Code, for Secretary of Defense in fiscal year 1991 to test (TRANSFER OF FUNDS) humanitarian and civic assistance costs under the cost-effective use of special recruiting incen- SEC. 8006. During the current fiscal year, cash chapter 20 of title 10, United States Code. Such tives involving not more than nineteen noncom- balances in working capital funds of the De- funds may also be obligated for humanitarian bat arms skills approved in advance by the Sec- partment of Defense established pursuant to sec- and civic assistance costs incidental to author- retary of Defense: Provided further, That this tion 2208 of title 10, United States Code, may be ized operations and pursuant to authority subsection applies only to active components of maintained in only such amounts as are nec- granted in section 401 of chapter 20 of title 10, the Army. essary at any time for cash disbursements to be United States Code, and these obligations shall (b) None of the funds appropriated by this Act made from such funds: Provided, That transfers be reported to Congress on September 30 of each shall be available for the basic pay and allow- may be made between such funds: Provided fur- year: Provided, That funds available for oper- ances of any member of the Army participating ther, That transfers may be made between work- ation and maintenance shall be available for as a full-time student and receiving benefits ing capital funds and the ‘‘Foreign Currency providing humanitarian and similar assistance paid by the Secretary of Veterans Affairs from Fluctuations, Defense’’ appropriation and the by using Civic Action Teams in the Trust Terri- the Department of Defense Education Benefits ‘‘Operation and Maintenance’’ appropriation tories of the Pacific Islands and freely associ- Fund when time spent as a full-time student is accounts in such amounts as may be determined ated states of Micronesia, pursuant to the Com- credited toward completion of a service commit- by the Secretary of Defense, with the approval pact of Free Association as authorized by Public ment: Provided, That this subsection shall not of the Office of Management and Budget, except Law 99–239: Provided further, That upon a de- apply to those members who have reenlisted that such transfers may not be made unless the termination by the Secretary of the Army that with this option prior to October 1, 1987: Pro- Secretary of Defense has notified the Congress such action is beneficial for graduate medical vided further, That this subsection applies only of the proposed transfer. Except in amounts education programs conducted at Army medical to active components of the Army. H7662 CONGRESSIONAL RECORD — HOUSE September 23, 1997

SEC. 8014. None of the funds appropriated by are confirmed by a health professional who is U.S.C. 1544: Provided, That these payments this Act shall be available to convert to contrac- not a Federal employee after a review, pursuant shall be available only to contractors which tor performance an activity or function of the to rules prescribed by the Secretary, which takes have submitted subcontracting plans pursuant Department of Defense that, on or after the date into account the appropriate level of care for to 15 U.S.C. 637(d), and according to regulations of enactment of this Act, is performed by more the patient, the intensity of services required by which shall be promulgated by the Secretary of than ten Department of Defense civilian em- the patient, and the availability of that care. Defense within 90 days of the passage of this ployees until a most efficient and cost-effective SEC. 8018. Funds available in this Act may be Act: Provided further, That contractors partici- organization analysis is completed on such ac- used to provide transportation for the next-of- pating in the test program established by Sec- tivity or function and certification of the analy- kin of individuals who have been prisoners of tion 854 of Public Law 101–189 (15 U.S.C. 637 sis is made to the Committees on Appropriations war or missing in action from the Vietnam era note) shall be eligible for the program estab- of the House of Representatives and the Senate: to an annual meeting in the United States, lished by Section 504 of the Indian Financing Provided, That this section shall not apply to a under such regulations as the Secretary of De- Act of 1974 (25 U.S.C. 1544). commercial or industrial type function of the fense may prescribe. SEC. 8025. During the current fiscal year, none Department of Defense that: (1) is included on SEC. 8019. Notwithstanding any other provi- of the funds available to the Department of De- the procurement list established pursuant to sec- sion of law, during the current fiscal year, the fense may be used to procure or acquire (1) de- tion 2 of the Act of June 25, 1938 (41 U.S.C. 47), Secretary of Defense may, by Executive Agree- fensive handguns unless such handguns are the popularly referred to as the Javits-Wagner- ment, establish with host nation governments in M–9 or M–11 9 mm Department of Defense stand- O’Day Act; (2) is planned to be converted to per- NATO member states a separate account into ard handguns, or (2) offensive handguns except formance by a qualified nonprofit agency for which such residual value amounts negotiated for the Special Operations Forces: Provided, the blind or by a qualified nonprofit agency for in the return of United States military installa- That the foregoing shall not apply to handguns other severely handicapped individuals in ac- tions in NATO member states may be deposited, and ammunition for marksmanship competi- cordance with that Act; or (3) is planned to be in the currency of the host nation, in lieu of di- tions. converted to performance by a qualified firm rect monetary transfers to the United States SEC. 8026. During the current fiscal year, under 51 per centum Native American owner- Treasury: Provided, That such credits may be funds appropriated or otherwise available for ship. utilized only for the construction of facilities to any Federal agency, the Congress, the judicial (TRANSFER OF FUNDS) support United States military forces in that branch, or the District of Columbia may be used host nation, or such real property maintenance SEC. 8015. Funds appropriated in title III of for the pay, allowances, and benefits of an em- and base operating costs that are currently exe- this Act for the Department of Defense Pilot ployee as defined by section 2105 of title 5 or an cuted through monetary transfers to such host Mentor-Protege Program may be transferred to individual employed by the government of the nations: Provided further, That the Department any other appropriation contained in this Act District of Columbia, permanent or temporary of Defense’s budget submission for fiscal year solely for the purpose of implementing a Men- indefinite, who— 1999 shall identify such sums anticipated in re- tor-Protege Program developmental assistance (1) is a member of a Reserve component of the sidual value settlements, and identify such con- agreement pursuant to section 831 of the Na- Armed Forces, as described in section 10101 of struction, real property maintenance or base op- tional Defense Authorization Act for Fiscal title 10, or the National Guard, as described in erating costs that shall be funded by the host Year 1991 (Public Law 101–510; 10 U.S.C. 2301 section 101 of title 32; nation through such credits: Provided further, note), as amended, under the authority of this (2) performs, for the purpose of providing mili- That all military construction projects to be exe- provision or any other transfer authority con- tary aid to enforce the law or providing assist- cuted from such accounts must be previously ap- tained in this Act. ance to civil authorities in the protection or sav- proved in a prior Act of Congress: Provided fur- SEC. 8016. None of the funds in this Act may ing of life or property or prevention of injury— ther, That each such Executive Agreement with be available for the purchase by the Department (A) Federal service under sections 331, 332, a NATO member host nation shall be reported to of Defense (and its departments and agencies) of 333, or 12406 of title 10, or other provision of the congressional defense committees, the Com- welded shipboard anchor and mooring chain 4 law, as applicable; or mittee on International Relations of the House inches in diameter and under unless the anchor (B) full-time military service for his or her of Representatives and the Committee on For- and mooring chain are manufactured in the State, the District of Columbia, the Common- eign Relations of the Senate thirty days prior to United States from components which are sub- wealth of Puerto Rico, or a territory of the Unit- the conclusion and endorsement of any such stantially manufactured in the United States: ed States; and agreement established under this provision. Provided, That for the purpose of this section (3) requests and is granted— SEC. 8020. None of the funds available to the (A) leave under the authority of this section; manufactured will include cutting, heat treat- Department of Defense may be used to demili- ing, quality control, testing of chain and weld- or tarize or dispose of M–1 Carbines, M–1 Garand (B) annual leave, which may be granted with- ing (including the forging and shot blasting rifles, M–14 rifles, .22 caliber rifles, .30 caliber ri- process): Provided further, That for the purpose out regard to the provisions of sections 5519 and fles, or M–1911 pistols. 6323(b) of title 5, if such employee is otherwise of this section substantially all of the compo- SEC. 8021. Notwithstanding any other provi- entitled to such annual leave: nents of anchor and mooring chain shall be con- sion of law, none of the funds appropriated by sidered to be produced or manufactured in the this Act shall be available to pay more than 50 Provided, That any employee who requests leave United States if the aggregate cost of the compo- per centum of an amount paid to any person under subsection (3)(A) for service described in nents produced or manufactured in the United under section 308 of title 37, United States Code, subsection (2) of this section is entitled to such States exceeds the aggregate cost of the compo- in a lump sum. leave, subject to the provisions of this section nents produced or manufactured outside the SEC. 8022. No more than $500,000 of the funds and of the last sentence of section 6323(b) of title United States: Provided further, That when appropriated or made available in this Act shall 5, and such leave shall be considered leave adequate domestic supplies are not available to be used during a single fiscal year for any single under section 6323(b) of title 5. meet Department of Defense requirements on a relocation of an organization, unit, activity or SEC. 8027. None of the funds appropriated by timely basis, the Secretary of the service respon- function of the Department of Defense into or this Act shall be available to perform any cost sible for the procurement may waive this restric- within the National Capital Region: Provided, study pursuant to the provisions of OMB Cir- tion on a case-by-case basis by certifying in That the Secretary of Defense may waive this cular A–76 if the study being performed exceeds writing to the Committees on Appropriations restriction on a case-by-case basis by certifying a period of twenty-four months after initiation that such an acquisition must be made in order in writing to the congressional defense commit- of such study with respect to a single function to acquire capability for national security pur- tees that such a relocation is required in the activity or forty-eight months after initiation of poses. best interest of the Government. such study for a multi-function activity. SEC. 8017. None of the funds appropriated by SEC. 8023. A member of a reserve component SEC. 8028. Funds appropriated by this Act for this Act available for the Civilian Health and whose unit or whose residence is located in a the American Forces Information Service shall Medical Program of the Uniformed Services state which is not contiguous with another state not be used for any national or international (CHAMPUS) shall be available for the reim- is authorized to travel in a space required status political or psychological activities. bursement of any health care provider for inpa- on aircraft of the Armed Forces between home SEC. 8029. Notwithstanding any other provi- tient mental health service for care received and place of inactive duty training, or place of sion of law or regulation, the Secretary of De- when a patient is referred to a provider of inpa- duty in lieu of unit training assembly, when fense may adjust wage rates for civilian employ- tient mental health care or residential treatment there is no road or railroad transportation (or ees hired for certain health care occupations as care by a medical or health care professional combination of road and railroad transportation authorized for the Secretary of Veterans Affairs having an economic interest in the facility to between those locations: Provided, That a mem- by section 7455 of title 38, United States Code. which the patient is referred: Provided, That ber traveling in that status on a military air- SEC. 8030. None of the funds appropriated or this limitation does not apply in the case of in- craft pursuant to the authority provided in this made available in this Act shall be used to re- patient mental health services provided under section is not authorized to receive travel, trans- duce or disestablish the operation of the 53rd the program for the handicapped under sub- portation, or per diem allowances in connection Weather Reconnaissance Squadron of the Air section (d) of section 1079 of title 10, United with that travel. Force Reserve, if such action would reduce the States Code, provided as partial hospital care, SEC. 8024. In addition to funds provided else- WC–130 Weather Reconnaissance mission below or provided pursuant to a waiver authorized by where in this Act, $8,000,000 is appropriated the levels funded in this Act. the Secretary of Defense because of medical or only for incentive payments authorized by sec- SEC. 8031. (a) Of the funds for the procure- psychological circumstances of the patient that tion 504 of the Indian Financing Act of 1974, 25 ment of supplies or services appropriated by this September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7663

Act, qualified nonprofit agencies for the blind or be funded for the defense studies and analysis SEC. 8038. For the purposes of this Act, the other severely handicapped shall be afforded the FFRDCs. term ‘‘congressional defense committees’’ means maximum practicable opportunity to participate (e) Notwithstanding any other provision of the National Security Committee of the House of as subcontractors and supplies in the perform- law, the Secretary of Defense shall control the Representatives, the Armed Services Committee ance of contracts let by the Department of De- total number of staff years to be performed by of the Senate, the Subcommittee on Defense of fense. defense FFRDCs during fiscal year 1998 so as to the Committee on Appropriations of the Senate, (b) During the current fiscal year, a business reduce the total amounts appropriated in titles and the Subcommittee on National Security of concern which has negotiated with a military II, III, and IV of this Act by $71,800,000: Pro- the Committee on Appropriations of the House service or defense agency a subcontracting plan vided, That the total amounts appropriated in of Representatives. for the participation by small business concerns titles II, III, and IV of this Act are hereby re- SEC. 8039. During the current fiscal year, the pursuant to section 8(d) of the Small Business duced by $71,800,000 to reflect savings from the Department of Defense may acquire the modi- Act (15 U.S.C. 637(d)) shall be given credit to- use of defense FFRDCs by the department. fication, depot maintenance and repair of air- ward meeting that subcontracting goal for any (f) Within 60 days after enactment of this Act, craft, vehicles and vessels as well as the produc- purchases made from qualified nonprofit agen- the Secretary of Defense shall submit to the con- tion of components and other Defense-related cies for the blind or other severely handicapped. gressional defense committees a report present- articles, through competition between Depart- (c) For the purpose of this section, the phrase ing the specific amounts of staff years of tech- ment of Defense depot maintenance activities ‘‘qualified nonprofit agency for the blind or nical effort to be allocated by the department for and private firms: Provided, That the Senior Ac- other severely handicapped’’ means a nonprofit each defense FFRDC during fiscal year 1998: quisition Executive of the military department agency for the blind or other severely handi- Provided, That, after the submission of the re- or defense agency concerned, with power of del- capped that has been approved by the Commit- port required by this subsection, the department egation, shall certify that successful bids in- tee for the Purchase from the Blind and Other may not reallocate more than five per centum of clude comparable estimates of all direct and in- Severely Handicapped under the Javits-Wagner- an FFRDC’s staff years among other defense direct costs for both public and private bids: O’Day Act (41 U.S.C. 46–48). FFRDCs until 30 days after a detailed justifica- Provided further, That Office of Management SEC. 8032. During the current fiscal year, net tion for any such reallocation is submitted to and Budget Circular A–76 shall not apply to receipts pursuant to collections from third party the congressional defense committees. competitions conducted under this section. (g) The Secretary of Defense shall, with the payers pursuant to section 1095 of title 10, Unit- SEC. 8040. (a)(1) If the Secretary of Defense, ed States Code, shall be made available to the submission of the department’s fiscal year 1999 after consultation with the United States Trade local facility of the uniformed services respon- budget request, submit a report presenting the Representative, determines that a foreign coun- sible for the collections and shall be over and specific amounts of staff years of technical ef- try which is party to an agreement described in above the facility’s direct budget amount. fort to be allocated for each defense FFRDC paragraph (2) has violated the terms of the SEC. 8033. During the current fiscal year, the during that fiscal year. agreement by discriminating against certain (h) No part of the reductions contained in Department of Defense is authorized to incur types of products produced in the United States subsection (e) of this section may be applied obligations of not to exceed $350,000,000 for pur- that are covered by the agreement, the Secretary poses specified in section 2350j(c) of title 10, against any budget activity, activity group, sub- activity group, line item, program element, pro- of Defense shall rescind the Secretary’s blanket United States Code, in anticipation of receipt of waiver of the Buy American Act with respect to contributions, only from the Government of Ku- gram, project, subproject or activity which does not fund defense FFRDC activities within each such types of products produced in that foreign wait, under that section: Provided, That, upon appropriation account, and the reductions in country. receipt, such contributions from the Government (2) An agreement referred to in paragraph (1) subsection (e) shall be allocated on a propor- of Kuwait shall be credited to the appropria- is any reciprocal defense procurement memoran- tional basis. tions or fund which incurred such obligations. (i) Not later than 90 days after enactment of dum of understanding, between the United SEC. 8034. Of the funds made available in this this Act, the Secretary of Defense shall submit States and a foreign country pursuant to which Act, not less than $26,247,000 shall be available to the congressional defense committees a report the Secretary of Defense has prospectively for the Civil Air Patrol, of which $22,702,000 listing the specific funding reductions allocated waived the Buy American Act for certain prod- shall be available for Operation and mainte- to each category listed in subsection (h) above ucts in that country. nance. pursuant to this section. (b) The Secretary of Defense shall submit to SEC. 8035. (a) None of the funds appropriated SEC. 8036. None of the funds in this or any Congress a report on the amount of Department in this Act are available to establish a new De- other Act shall be available for the preparation of Defense purchases from foreign entities in fis- partment of Defense (department) federally of studies on— cal year 1998. Such report shall separately indi- funded research and development center (a) the cost effectiveness or feasibility of re- cate the dollar value of items for which the Buy (FFRDC), either as a new entity, or as a sepa- moval and transportation of unitary chemical American Act was waived pursuant to any rate entity administrated by an organization weapons or agents from the eight chemical stor- agreement described in subsection (a)(2), the managing another FFRDC, or as a nonprofit age sites within the continental United States to Trade Agreement Act of 1979 (19 U.S.C. 2501 et membership corporation consisting of a consor- Johnston Atoll: Provided, That this prohibition seq.), or any international agreement to which tium of other FFRDCs and other non-profit en- shall not apply to General Accounting Office the United States is a party. tities. studies requested by a Member of Congress or a (c) For purposes of this section, the term ‘‘Buy (b) LIMITATION ON COMPENSATION—FEDER- Congressional Committee; and American Act’’ means title III of the Act entitled ALLY FUNDED RESEARCH AND DEVELOPMENT (b) the potential future uses of the nine chem- ‘‘An Act making appropriations for the Treas- CENTER (FFRDC).—No member of a Board of ical disposal facilities other than for the de- ury and Post Office Departments for the fiscal Directors, Trustees, Overseers, Advisory Group, struction of stockpile chemical munitions and as year ending June 30, 1934, and for other pur- Special Issues Panel, Visiting Committee, or any limited by section 1412(c)(2), Public Law 99–145: poses’’, approved March 3, 1933 (41 U.S.C. 10a et similar entity of a defense FFRDC, and no paid Provided, That this prohibition does not apply seq.). consultant to any defense FFRDC, may be com- to future use studies for the CAMDS facility at SEC. 8041. The total amounts appropriated in pensated for his or her services as a member of Tooele, Utah. titles II, III, and IV of this Act are hereby re- such entity, or as a paid consultant, except SEC. 8037. None of the funds appropriated or duced by $300,000,000 to reflect savings from the under the same conditions, and to the same ex- made available in this Act shall be used to pro- use of advisory and assistance services by the tent, as members of the Defense Science Board: cure carbon, alloy or armor steel plate for use in Department of Defense: Provided, That the sav- Provided, That a member of any such entity re- any Government-owned facility or property ings shall be applied to the following titles in ferred to previously in this subsection shall be under the control of the Department of Defense the following amounts: allowed travel expenses and per diem as author- which were not melted and rolled in the United Title II, Operation and Maintenance, ized under the Federal Joint Travel Regulations, States or Canada: Provided, That these procure- $112,000,000; when engaged in the performance of member- ment restrictions shall apply to any and all Fed- Title III, Procurement, $62,000,000; and ship duties. eral Supply Class 9515, American Society of Title IV, Research, Development, Test and (c) Notwithstanding any other provision of Testing and Materials (ASTM) or American Iron Evaluation, $126,000,000: law, none of the funds available to the depart- and Steel Institute (AISI) specifications of car- Provided further, That the savings specified ment from any source during fiscal year 1998 bon, alloy or armor steel plate: Provided further, shall be applied only to funds budgeted to pur- may be used by a defense FFRDC, through a fee That the Secretary of the military department chase advisory and assistance services: Provided or other payment mechanism, for charitable responsible for the procurement may waive this further, That the savings shall be applied on a contributions, for construction of new buildings, restriction on a case-by-case basis by certifying pro-rata basis to each program, project and ac- for payment of cost sharing for projects funded in writing to the Committees on Appropriations tivity which included budget funds for advisory by government grants, or for absorption of con- of the House of Representatives and the Senate and assistance services. tract overruns. that adequate domestic supplies are not avail- SEC. 8042. Appropriations contained in this (d) Notwithstanding any other provision of able to meet Department of Defense require- Act that remain available at the end of the cur- law, of the funds available to the department ments on a timely basis and that such an acqui- rent fiscal year as a result of energy cost sav- during fiscal year 1998, not more than 6,206 staff sition must be made in order to acquire capabil- ings realized by the Department of Defense shall years of technical effort (staff years) may be ity for national security purposes: Provided fur- remain available for obligation for the next fis- funded for defense FFRDCs: Provided, That of ther, That these restrictions shall not apply to cal year to the extent, and for the purposes, pro- the specific amount referred to previously in this contracts which are in being as of the date of vided in section 2865 of title 10, United States subsection, not more than 1,105 staff years may enactment of this Act. Code. H7664 CONGRESSIONAL RECORD — HOUSE September 23, 1997

SEC. 8043. Notwithstanding any other provi- this section for Department of Defense support the Center as provided for in subsection sion of this Act, the amounts provided in all ap- provided to NATO forces in and around the 1459(g)(2). propriation accounts in titles III and IV of this former Yugoslavia. SEC. 8058. None of the funds appropriated in Act are reduced by 1.5 percent: Provided, That SEC. 8051. During the current fiscal year, ap- this Act may be used to fill the commander’s po- these reductions shall be applied on a pro-rata propriations which are available to the Depart- sition at any military medical facility with a basis to each line item, program element, pro- ment of Defense for operation and maintenance health care professional unless the prospective gram, project, subproject, and activity within may be used to purchase items having an invest- candidate can demonstrate professional admin- each appropriation account: Provided further, ment item unit cost of not more than $100,000. istrative skills. That not later than 60 days after the enactment SEC. 8052. (a) During the current fiscal year, SEC. 8059. (a) None of the funds appropriated of this Act, the Undersecretary of Defense none of the appropriations or funds available to in this Act may be expended by an entity of the (Comptroller) shall submit a report to the con- the Department of Defense Working Capital Department of Defense unless the entity, in ex- gressional defense committees listing the specific Funds shall be used for the purchase of an in- pending the funds, complies with the Buy Amer- funding reductions allocated to each category vestment item for the purpose of acquiring a ican Act. For purposes of this subsection, the listed in the preceding proviso pursuant to this new inventory item for sale or anticipated sale term ‘‘Buy American Act’’ means title III of the section. during the current fiscal year or a subsequent Act entitled ‘‘An Act making appropriations for (INCLUDING TRANSFER OF FUNDS) fiscal year to customers of the Department of the Treasury and Post Office Departments for Defense Working Capital Funds if such an item the fiscal year ending June 30, 1934, and for SEC. 8044. Amounts deposited during the cur- would not have been chargeable to the Depart- rent fiscal year to the special account estab- other purposes’’, approved March 3, 1933 (41 ment of Defense Working Capital Funds during lished under 40 U.S.C. 485(h)(2) and to the spe- U.S.C. 10a et seq.). fiscal year 1994 and if the purchase of such an (b) If the Secretary of Defense determines that cial account established under 10 U.S.C. investment item would be chargeable during the a person has been convicted of intentionally 2667(d)(1) are appropriated and shall be avail- current fiscal year to appropriations made to affixing a label bearing a ‘‘Made in America’’ able until transferred by the Secretary of De- the Department of Defense for procurement. inscription to any product sold in or shipped to fense to current applicable appropriations or (b) The fiscal year 1999 budget request for the the United States that is not made in America, funds of the Department of Defense under the Department of Defense as well as all justifica- the Secretary shall determine, in accordance terms and conditions specified by 40 U.S.C. tion material and other documentation support- with section 2410f of title 10, United States Code, 485(h)(2) (A) and (B) and 10 U.S.C. ing the fiscal year 1999 Department of Defense whether the person should be debarred from 2667(d)(1)(B), to be merged with and to be avail- budget shall be prepared and submitted to the contracting with the Department of Defense. able for the same time period and the same pur- Congress on the basis that any equipment which (c) In the case of any equipment or products poses as the appropriation to which transferred. was classified as an end item and funded in a purchased with appropriations provided under SEC. 8045. During the current fiscal year, ap- procurement appropriation contained in this Act this Act, it is the sense of the Congress that any propriations available to the Department of De- shall be budgeted for in a proposed fiscal year entity of the Department of Defense, in expend- fense may be used to reimburse a member of a 1999 procurement appropriation and not in the ing the appropriation, purchase only American- reserve component of the Armed Forces who is supply management business area or any other made equipment and products, provided that not otherwise entitled to travel and transpor- area or category of the Department of Defense American-made equipment and products are tation allowances and who occupies transient Working Capital Funds. cost-competitive, quality-competitive, and avail- government housing while performing active SEC. 8053. None of the funds provided in this able in a timely fashion. duty for training or inactive duty training: Pro- Act and hereafter shall be available for use by SEC. 8060. None of the funds appropriated by vided, That such members may be provided lodg- a Military Department to modify an aircraft, this Act shall be available for a contract for ing in kind if transient government quarters are weapon, ship or other item of equipment, that studies, analysis, or consulting services entered unavailable as if the member was entitled to the Military Department concerned plans to re- into without competition on the basis of an un- such allowances under subsection (a) of section tire or otherwise dispose of within five years solicited proposal unless the head of the activity 404 of title 37, United States Code: Provided fur- after completion of the modification: Provided, responsible for the procurement determines— ther, That if lodging in kind is provided, any That this prohibition shall not apply to safety (1) as a result of thorough technical evalua- authorized service charge or cost of such lodging modifications: Provided further, That this pro- tion, only one source is found fully qualified to may be paid directly from funds appropriated hibition may be waived by the Secretary of a perform the proposed work, or for operation and maintenance of the reserve Military Department if the Secretary determines (2) the purpose of the contract is to explore an component of the member concerned. it is in the best national security interest of the unsolicited proposal which offers significant sci- SEC. 8046. The President shall include with United States to provide such waiver and so no- entific or technological promise, represents the each budget for a fiscal year submitted to the tifies the congressional defense committees in product of original thinking, and was submitted Congress under section 1105 of title 31, United writing. in confidence by one source, or States Code, materials that shall identify clearly SEC. 8054. None of the funds appropriated by (3) the purpose of the contract is to take ad- and separately the amounts requested in the this Act for programs of the Central Intelligence vantage of unique and significant industrial ac- budget for appropriation for that fiscal year for Agency shall remain available for obligation be- complishment by a specific concern, or to insure salaries and expenses related to administrative yond the current fiscal year, except for funds that a new product or idea of a specific concern activities of the Department of Defense, the mili- appropriated for the Reserve for Contingencies, is given financial support: tary departments, and the Defense Agencies. which shall remain available until September 30, Provided, That this limitation shall not apply to SEC. 8047. Notwithstanding any other provi- 1999. contracts in an amount of less than $25,000, con- sion of law, funds available for ‘‘Drug Interdic- SEC. 8055. Notwithstanding any other provi- tracts related to improvements of equipment that tion and Counter-Drug Activities, Defense’’ may sion of law, funds made available in this Act for is in development or production, or contracts as be obligated for the Young Marines program. the Defense Intelligence Agency may be used for to which a civilian official of the Department of SEC. 8048. Notwithstanding any other provi- the design, development, and deployment of Defense, who has been confirmed by the Senate, sion of this Act, the total amount appropriated General Defense Intelligence Program intel- determines that the award of such contract is in in title IV of this Act is hereby reduced by ligence communications and intelligence infor- the interest of the national defense. $474,000,000: Provided, That each program ele- mation systems for the Services, the Unified and SEC. 8061. (a) Except as provided in sub- ment, program, project, subproject, and activity Specified Commands, and the component com- sections (b) and (c), none of the funds made funded in title IV of this Act shall be allocated mands. available by this Act may be used— a pro-rata share of any of the reductions made SEC. 8056. Of the funds appropriated by the (1) to establish a field operating agency; or by this section: Provided further, That not later Department of Defense under the heading ‘‘Op- (2) to pay the basic pay of a member of the than 60 days after the enactment of this Act, the eration and Maintenance, Defense-Wide’’, not Armed Forces or civilian employee of the De- Undersecretary of Defense (Comptroller) shall less than $8,000,000 shall be made available only partment who is transferred or reassigned from submit a report to the congressional defense for the mitigation of environmental impacts, in- a headquarters activity if the member or employ- committees listing the specific funding reduc- cluding training and technical assistance to ee’s place of duty remains at the location of that tions allocated to each category listed in the tribes, related administrative support, the gath- headquarters. preceding proviso pursuant to this section. ering of information, documenting of environ- (b) The Secretary of Defense or Secretary of a SEC. 8049. During the current fiscal year, mental damage, and developing a system for military department may waive the limitations amounts contained in the Department of De- prioritization of mitigation and cost to complete in subsection (a), on a case-by-case basis, if the fense Overseas Military Facility Investment Re- estimates for mitigation, on Indian lands result- Secretary determines, and certifies to the Com- covery Account established by section 2921(c)(1) ing from Department of Defense activities. mittees on Appropriations of the House of Rep- of the National Defense Authorization Act of SEC. 8057. Amounts collected for the use of the resentatives and Senate that the granting of the 1991 (Public Law 101–510; 10 U.S.C. 2687 note) facilities of the National Science Center for waiver will reduce the personnel requirements or shall be available until expended for the pay- Communications and Electronics during the cur- the financial requirements of the department. ments specified by section 2921(c)(2) of that Act. rent fiscal year pursuant to section 1459(g) of (c) This section does not apply to field operat- SEC. 8050. Of the funds appropriated or other- the Department of Defense Authorization Act, ing agencies funded within the National For- wise made available by this Act, not more than 1986, and deposited to the special account estab- eign Intelligence Program. $119,200,000 shall be available for payment of lished under subsection 1459(g)(2) of that Act SEC. 8062. Funds appropriated by this Act for the operating costs of NATO Headquarters: Pro- are appropriated and shall be available until ex- intelligence activities are deemed to be specifi- vided, That the Secretary of Defense may waive pended for the operation and maintenance of cally authorized by the Congress for purposes of September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7665 section 504 of the National Security Act of 1947 level: Provided, That the Service Surgeons Gen- of unemployment as determined by the Secretary (50 U.S.C. 414) during fiscal year 1998 until the eral may waive this section by certifying to the of Labor, shall include a provision requiring the enactment of the Intelligence Authorization Act congressional defense committees that the bene- contractor to employ, for the purpose of per- for Fiscal Year 1998. ficiary population is declining in some forming that portion of the contract in such SEC. 8063. Notwithstanding section 303 of Pub- catchment areas and civilian strength reduc- State that is not contiguous with another State, lic Law 96–487 or any other provision of law, the tions may be consistent with responsible re- individuals who are residents of such State and Secretary of the Navy is authorized to lease real source stewardship and capitation-based budg- who, in the case of any craft or trade, possess and personal property at Naval Air Facility, eting. or would be able to acquire promptly the nec- Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for (INCLUDING TRANSFER OF FUNDS) essary skills: Provided, That the Secretary of commercial, industrial or other purposes. SEC. 8070. None of the funds appropriated in Defense may waive the requirements of this sec- (RESCISSIONS) this Act may be transferred to or obligated from tion, on a case-by-case basis, in the interest of SEC. 8064. Of the funds provided in Depart- the Pentagon Reservation Maintenance Revolv- national security. ment of Defense Appropriations Acts, the fol- ing Fund, unless the Secretary of Defense cer- SEC. 8078. During the current fiscal year, the lowing funds are hereby rescinded from the fol- tifies that the total cost for the planning, de- Army shall use the former George Air Force lowing accounts in the specified amounts: sign, construction and installation of equipment Base as the airhead for the National Training ‘‘Shipbuilding and Conversion, Navy, 1996/ for the renovation of the Pentagon Reservation Center at Fort Irwin: Provided, That none of 2000’’, $35,600,000; will not exceed $1,118,000,000. the funds in this Act shall be obligated or ex- ‘‘Other Procurement, Navy, 1996/1998’’, SEC. 8071. (a) None of the funds available to pended to transport Army personnel into Ed- $3,300,000; the Department of Defense for any fiscal year wards Air Force Base for training rotations at ‘‘Aircraft Procurement, Army, 1997/1999’’, for drug interdiction or counter-drug activities the National Training Center. $5,000,000; may be transferred to any other department or SEC. 8079. (a) The Secretary of Defense shall ‘‘Procurement of Ammunition, Army, 1997/ agency of the United States except as specifi- submit, on a quarterly basis, a report to the con- 1999’’, $5,000,000; cally provided in an appropriations law. gressional defense committees, the Committee on ‘‘Other Procurement, Army, 1997/1999’’, (b) None of the funds available to the International Relations of the House of Rep- $6,000,000; Central Intelligence Agency for any fiscal year resentatives and the Committee on Foreign Rela- ‘‘Other Procurement, Navy, 1997/1999’’, for drug interdiction and counter-drug activities tions of the Senate setting forth all costs (in- $2,200,000; may be transferred to any other department or cluding incremental costs) incurred by the De- ‘‘Aircraft Procurement, Navy, 1997/1999’’, agency of the United States except as specifi- partment of Defense during the preceding quar- $24,000,000; cally provided in an appropriations law. ter in implementing or supporting resolutions of the United Nations Security Council, including ‘‘Research, Development, Test and Evalua- (TRANSFER OF FUNDS) any such resolution calling for international tion, Army, 1997/1998’’, $6,000,000; SEC. 8072. Appropriations available in this sanctions, international peacekeeping oper- ‘‘Research, Development, Test and Evalua- Act under the heading ‘‘Operation and Mainte- ations, and humanitarian missions undertaken tion, Navy, 1997/1998’’, $40,000,000; nance, Defense-Wide’’ for increasing energy and by the Department of Defense. The quarterly re- ‘‘Research, Development, Test and Evalua- water efficiency in Federal buildings may, dur- port shall include an aggregate of all such De- tion, Air Force, 1997/1998’’, $25,000,000; ing their period of availability, be transferred to partment of Defense costs by operation or mis- ‘‘Research, Development, Test and Evalua- other appropriations or funds of the Department sion. tion, Defense-Wide, 1997/1998’’, $24,000,000. of Defense for projects related to increasing en- (b) The Secretary of Defense shall detail in SEC. 8065. None of the funds available in ergy and water efficiency, to be merged with the quarterly reports all efforts made to seek this Act may be used to reduce the authorized and to be available for the same general pur- credit against past United Nations expenditures positions for military (civilian) technicians of poses, and for the same time period, as the ap- and all efforts made to seek compensation from the Army National Guard, the Air National propriation or fund to which transferred. the United Nations for costs incurred by the De- Guard, Army Reserve and Air Force Reserve for SEC. 8073. None of the funds appropriated by partment of Defense in implementing and sup- the purpose of applying any administratively this Act may be used for the procurement of ball porting United Nations activities. imposed civilian personnel ceiling, freeze, or re- and roller bearings other than those produced SEC. 8080. (a) LIMITATION ON TRANSFER OF duction on military (civilian) technicians, un- by a domestic source and of domestic origin: DEFENSE ARTICLES AND SERVICES.—Notwith- less such reductions are a direct result of a re- Provided, That the Secretary of the military de- standing any other provision of law, none of the duction in military force structure. partment responsible for such procurement may funds available to the Department of Defense SEC. 8066. None of the funds appropriated or waive this restriction on a case-by-case basis by for the current fiscal year may be obligated or otherwise made available in this Act may be ob- certifying in writing to the Committees on Ap- expended to transfer to another nation or an ligated or expended for assistance to the Demo- propriations of the House of Representatives international organization any defense articles cratic People’s Republic of North Korea unless and the Senate, that adequate domestic supplies or services (other than intelligence services) for specifically appropriated for that purpose. are not available to meet Department of Defense use in the activities described in subsection (b) SEC. 8067. During the current fiscal year, requirements on a timely basis and that such an unless the congressional defense committees, the funds appropriated in this Act are available to acquisition must be made in order to acquire ca- Committee on International Relations of the compensate members of the National Guard for pability for national security purposes. House of Representatives, and the Committee on duty performed pursuant to a plan submitted by SEC. 8074. Notwithstanding any other provi- Foreign Relations of the Senate are notified 15 a Governor of a State and approved by the Sec- sion of law, funds available to the Department days in advance of such transfer. retary of Defense under section 112 of title 32, of Defense shall be made available to provide (b) COVERED ACTIVITIES.—This section applies United States Code: Provided, That during the transportation of medical supplies and equip- to— performance of such duty, the members of the ment, on a nonreimbursable basis, to American (1) any international peacekeeping or peace- National Guard shall be under State command Samoa: Provided, That notwithstanding any enforcement operation under the authority of and control: Provided further, That such duty other provision of law, funds available to the chapter VI or chapter VII of the United Nations shall be treated as full-time National Guard Department of Defense shall be made available Charter under the authority of a United Nations duty for purposes of sections 12602 (a)(2) and to provide transportation of medical supplies Security Council resolution; and (b)(2) of title 10, United States Code. and equipment, on a nonreimbursable basis, to (2) any other international peacekeeping, SEC. 8068. Funds appropriated in this Act the Indian Health Service when it is in conjunc- peace-enforcement, or humanitarian assistance for operation and maintenance of the Military tion with a civil-military project. operation. Departments, Unified and Specified Commands SEC. 8075. None of the funds in this Act may (c) REQUIRED NOTICE.—A notice under sub- and Defense Agencies shall be available for re- be used to purchase any supercomputer which is section (a) shall include the following: imbursement of pay, allowances and other ex- not manufactured in the United States, unless (1) A description of the equipment, supplies, penses which would otherwise be incurred the Secretary of Defense certifies to the congres- or services to be transferred. against appropriations for the National Guard sional defense committees that such an acquisi- (2) A statement of the value of the equipment, and Reserve when members of the National tion must be made in order to acquire capability supplies, or services to be transferred. Guard and Reserve provide intelligence support for national security purposes that is not avail- (3) In the case of a proposed transfer of equip- to Unified Commands, Defense Agencies and able from United States manufacturers. ment or supplies— Joint Intelligence Activities, including the ac- SEC. 8076. Notwithstanding any other provi- (A) a statement of whether the inventory re- tivities and programs included within the Gen- sion of law, the Naval shipyards of the United quirements of all elements of the Armed Forces eral Defense Intelligence Program and the Con- States shall be eligible to participate in any (including the reserve components) for the type solidated Cryptologic Program: Provided, That manufacturing extension program financed by of equipment or supplies to be transferred have nothing in this section authorizes deviation funds appropriated in this or any other Act. been met; and from established Reserve and National Guard SEC. 8077. Notwithstanding any other provi- (B) a statement of whether the items proposed personnel and training procedures. sion of law, each contract awarded by the De- to be transferred will have to be replaced and, SEC. 8069. During the current fiscal year, partment of Defense during the current fiscal if so, how the President proposes to provide none of the funds appropriated in this Act may year for construction or service performed in funds for such replacement. be used to reduce the civilian medical and medi- whole or in part in a State which is not contig- SEC. 8081. To the extent authorized by sub- cal support personnel assigned to military treat- uous with another State and has an unemploy- chapter VI of chapter 148 of title 10, United ment facilities below the September 30, 1997 ment rate in excess of the national average rate States Code, the Secretary of Defense shall issue H7666 CONGRESSIONAL RECORD — HOUSE September 23, 1997 loan guarantees in support of U.S. defense ex- the heading ‘‘Aircraft Procurement, Air Force’’ LHD–1 amphibious assault ship program, ports not otherwise provided for: Provided, That in Public Law 102–396 which was available and $5,592,000; the total contingent liability of the United obligated for the B–2 Aircraft Program shall re- To: States for guarantees issued under the authority main available for expenditure and for adjust- Under the heading, ‘‘Shipbuilding and Con- of this section may not exceed $15,000,000,000: ing obligations for such program until Septem- version, Navy, 1996/2000’’: Provided further, That the exposure fees ber 30, 2003. SSN–21 attack submarine program, $5,592,000; charged and collected by the Secretary for each SEC. 8089. During the current fiscal year, in From: guarantee, shall be paid by the country involved the case of an appropriation account of the De- Under the heading, ‘‘Shipbuilding and Con- and shall not be financed as part of a loan partment of Defense for which the period of version, Navy, 1994/1998’’: guaranteed by the United States: Provided fur- availability for obligation has expired or which LHD–1 amphibious assault ship program, ther, That the Secretary shall provide quarterly has closed under the provisions of section 1552 $400,000; and reports to the Committees on Appropriations, of title 31, United States Code, and which has a DDG–51 destroyer program, $1,054,000; Armed Services and Foreign Relations of the negative unliquidated or unexpended balance, From: Senate and the Committees on Appropriations, an obligation or an adjustment of an obligation Under the heading, ‘‘Shipbuilding and Con- National Security and International Relations may be charged to any current appropriation version, Navy, 1995/1999’’: in the House of Representatives on the imple- account for the same purpose as the expired or For craft, outfitting, and post delivery, con- mentation of this program: Provided further, closed account if— versions, and first destination transportation, That amounts charged for administrative fees (1) the obligation would have been properly $715,000; and deposited to the special account provided chargeable (except as to amount) to the expired From: for under section 2540c(d) of title 10, shall be or closed account before the end of the period of Under the heading, ‘‘Shipbuilding and Con- available for paying the costs of administrative availability or closing of that account; version, Navy, 1996/2000’’: expenses of the Department of Defense that are (2) the obligation is not otherwise properly LHD–1 amphibious assault ship program, attributable to the loan guarantee program chargeable to any current appropriation ac- $17,513,000; and under subchapter VI of chapter 148 of title 10. count of the Department of Defense; and For craft, outfitting, and post delivery, con- SEC. 8082. None of the funds available to the (3) in the case of an expired account, the obli- versions, and first destination transportation, Department of Defense shall be obligated or ex- gation is not chargeable to a current appropria- $878,000; pended to make a financial contribution to the tion of the Department of Defense under the From: United Nations for the cost of an United Na- provisions of section 1405(b)(8) of the National Under the heading, ‘‘Shipbuilding and Con- tions peacekeeping activity (whether pursuant Defense Authorization Act for Fiscal Year 1991, version, Navy, 1997/2001’’: to assessment or a voluntary contribution) or for Public Law 101–510, as amended (31 U.S.C. 1551 For craft, outfitting, and post delivery, con- payment of any United States arrearage to the note): Provided, That in the case of an expired versions, and first destination transportation, United Nations. account, if subsequent review or investigation $3,600,000; SEC. 8083. None of the funds available to the discloses that there was not in fact a negative To: Department of Defense under this Act shall be unliquidated or unexpended balance in the ac- Under the heading, ‘‘Shipbuilding and Con- obligated or expended to pay a contractor under count, any charge to a current account under version, Navy, 1997/2001’’: a contract with the Department of Defense for the authority of this section shall be reversed DDG–51 destroyer program, $24,160,000; costs of any amount paid by the contractor to and recorded against the expired account: Pro- From: an employee when— vided further, That the total amount charged to Under the heading, ‘‘Shipbuilding and Con- (1) such costs are for a bonus or otherwise in a current appropriation under this section may version, Navy, 1996/2000’’: excess of the normal salary paid by the contrac- not exceed an amount equal to one percent of Fast Patrol Boat, $9,500,000; tor to the employee; and the total appropriation for that account. To: (2) such bonus is part of restructuring costs (TRANSFER OF FUNDS) ‘‘Research, Development, Test and Evalua- associated with a business combination. SEC. 8090. Upon enactment of this Act, the tion, Navy, 1998/1999’’, $9,500,000; SEC. 8084. (a) None of the funds appropriated Secretary of Defense shall make the following From: or otherwise made available in this Act may be Under the heading, ‘‘Shipbuilding and Con- used to transport or provide for the transpor- transfers of funds: Provided, That the amounts transferred shall be available for the same pur- version, Navy, 1997/2001’’: tation of chemical munitions or agents to the Oceanographic ship SWATH, $45,000,000; Johnston Atoll for the purpose of storing or de- poses as the appropriations to which trans- ferred, and for the same time period as the ap- To: militarizing such munitions or agents. ‘‘Research, Development, Test and Evalua- (b) The prohibition in subsection (a) shall not propriation from which transferred: Provided tion, Navy, 1998/1999’’, $45,000,000; apply to any obsolete World War II chemical further, That the amounts shall be transferred From: munition or agent of the United States found in between the following appropriations in the ‘‘Aircraft Procurement, Air Force, 1997/1999’’, the World War II Pacific Theater of Operations. amount specified: $73,531,000; (c) The President may suspend the application From: To: of subsection (a) during a period of war in Under the heading, ‘‘Shipbuilding and Con- ‘‘Research, Development, Test and Evalua- which the United States is a party. version, Navy, 1989/2000’’: tion, Air Force, 1997/1998’’, $73,531,000: SEC. 8085. None of the funds provided in title SSN–688 attack submarine program, $3,000,000; II of this Act for ‘‘Former Soviet Union Threat DDG–51 destroyer program, $1,500,000; Provided further, That notwithstanding any Reduction’’ may be obligated or expended to fi- LHD–1 amphibious assault ship program, other provision of law, to facilitate a full and nance housing for any individual who was a $8,000,000; final settlement of all claims under contracts member of the military forces of the Soviet T–AO fleet oiler program, $3,453,000; N00024–79–C–2614 and N00024–77–C–2031, the Union or for any individual who is or was a AOE combat support ship program, $3,600,000; Secretary of the Navy may offset the amount of member of the military forces of the Russian and $1,660,680.84, owed by the Navy under contract Federation. For craft, outfitting, and post delivery, N00024–79–C–2614 for the T–ARC–7 against an SEC. 8086. During the current fiscal year, no $2,019,000; equal amount, $1,660,680.84, owed to the Navy more than $10,000,000 of appropriations made in To: under contract N00024–77–C–2031 for the AD 43. this Act under the heading ‘‘Operation and Under the heading, ‘‘Shipbuilding and Con- SEC. 8091. The Under Secretary of Defense Maintenance, Defense-Wide’’ may be trans- version, Navy, 1989/2000’’: (Comptroller) shall submit to the congressional ferred to appropriations available for the pay of SSN–21 attack submarine program, $21,572,000; defense committees by February 1, 1998 a de- military personnel, to be merged with, and to be From: tailed report identifying, by amount and by sep- available for the same time period as the appro- Under the heading, ‘‘Shipbuilding and Con- arate budget activity, activity group, subactivity priations to which transferred, to be used in version, Navy, 1991/2001’’: group, line item, program element, program, support of such personnel in connection with DDG–51 destroyer program, $1,060,000; project, subproject, and activity, any activity support and services for eligible organizations LHD–1 amphibious assault ship program, for which the fiscal year 1999 budget request and activities outside the Department of Defense $1,600,000; was reduced because Congress appropriated pursuant to section 2012 of title 10, United LSD–41 cargo variant ship program, funds above the President’s budget request for States Code. $2,666,000; that specific activity for fiscal year 1998. SEC. 8087. For purposes of section 1553(b) of AOE combat support ship program, $7,307,000; SEC. 8092. (a) None of the funds available to title 31, United States Code, any subdivision of and the Department of Defense under this Act may appropriations made in this Act under the head- For craft, outfitting, and post delivery, be obligated or expended to reimburse a defense ing ‘‘Shipbuilding and Conversion, Navy’’ shall $12,000,000; contractor for restructuring costs associated be considered to be for the same purpose as any To: with a business combination of the defense con- subdivision under the heading ‘‘Shipbuilding Under the heading, ‘‘Shipbuilding and Con- tractor that occurs after the date of enactment and Conversion, Navy’’ appropriations in any version, Navy, 1991/2001’’: of this Act unless— prior year, and the one percent limitation shall SSN–21 attack submarine program, $24,633,000; (1) the auditable savings for the Department apply to the total amount of the appropriation. From: of Defense resulting from the restructuring will SEC. 8088. Notwithstanding 31 U.S.C. 1552(a), Under the heading, ‘‘Shipbuilding and Con- exceed the costs allowed by a factor of at least not more than $14,000,000 appropriated under version, Navy, 1996/2000’’: two to one; or September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7667 (2) the savings for the Department of Defense be obtained from private, regional or municipal in this Act is hereby reduced by $100,000,000 to resulting from the restructuring will exceed the services, if provisions are included for the con- reflect savings due to excess inventory, to be dis- costs allowed and the Secretary of Defense de- sideration of United States coal as an energy tributed as follows: ‘‘Operation and Mainte- termines that the business combination will re- source. nance, Army’’, $40,000,000; ‘‘Operation and sult in the preservation of a critical capability SEC. 8097. Notwithstanding any other provi- Maintenance, Navy’’, $40,000,000; and ‘‘Oper- that might otherwise be lost to the Department; sion of law, and notwithstanding the provisions ation and Maintenance, Air Force’’, $20,000,000. and in section 7306 of title 10, United States Code, in SEC. 8106. Notwithstanding any other provi- (3) the report required by Section 818(e) of addition to amounts otherwise appropriated or sion in this Act, the total amount appropriated Public Law 103–337 to be submitted to Congress made available by this Act, $13,000,000 is appro- in title III of this Act is hereby reduced by in 1997 is submitted. priated to the Department of the Navy and shall (b) Not later than April 1, 1998, the Comptrol- be available only for a grant to the Intrepid $75,000,000 to reflect savings from repeal of sec- ler General shall, in consultation with the In- Sea-Air-Space Foundation only for the refur- tion 2403 of title 10, United States Code. spector General of the Department of Defense, bishment of the former U.S.S. Intrepid (CV 11). SEC. 8107. The Secretary of the Army may ex- the Secretary of Defense, and the Secretary of SEC. 8098. In accordance with section 1557 of change or sell one Army C–20 aircraft and may Labor, submit to Congress a report which shall title 31, United States Code, the following obli- apply the exchange allowance or sale proceeds include the following: gated balance shall be exempt from subchapter in whole or in part payment for the acquisition (1) an analysis and breakdown of the restruc- IV of chapter 15 of such title and shall remain of one C–37 aircraft: Provided, That in addition turing costs paid by or submitted to the Depart- available for expenditure without fiscal year to such exchange allowance or sale proceeds, of ment of Defense to companies involved in busi- limitation: Funds obligated by the Economic De- the amount appropriated for fiscal year 1998 for ness combinations since 1993; velopment Administration for EDA Project No. Aircraft Procurement, Air Force, not more than (2) an analysis of the specific costs associated 04–49–04095 from funds made available in the $6,000,000 shall be made available for acquisition Department of Defense Appropriations Act, 1994 with workforce reductions; of the C–37 for the United States Army: Pro- (Public Law 103–189). (3) an analysis of the services provided to the vided further, That in addition to such ex- workers affected by business combinations; SEC. 8099. None of the funds provided by this Act may be used to pay costs of instruction for change allowance or sale proceeds, of the (4) an analysis of the effectiveness of the re- amount appropriated for fiscal year 1997 for Air- structuring costs used to assist laid off workers an Air Force officer for enrollment commencing craft Procurement, Air Force, not more than in gaining employment; and during the 1998–1999 academic year in a post- $27,100,000 shall be made available for acquisi- (5) in accordance with section 818 of Public graduate degree program at a civilian edu- tion of the C–37 for the United States Army. Law 103–337, an analysis of the savings reached cational institution if— from the business combination relative to the re- (1) the degree program to be pursued by that SEC. 8108. During the current fiscal year, the structuring costs paid by the Department of De- officer is offered by the Air Force Institute of Secretary of Defense may award contracts for fense. Technology (or was offered by that institute capital assets having a development or acquisi- (c) The report should set forth recommenda- during the 1996–1997 academic year); tion cost of not less than $100,000 of a Working tions to make this program more effective for (2) the officer is qualified for enrollment at the Capital Fund in advance of the availability of workers affected by business combinations and Air Force Institute of Technology in that degree funds in the Working Capital Fund for minor program; and more efficient in terms of the use of Federal dol- construction, automatic data processing equip- (3) the number of students commencing that lars. degree program at the Air Force Institute of ment, software, equipment, and other capital SEC. 8093. Funds appropriated in title II of Technology during the first semester of the 1998– improvements. this Act for supervision and administration costs 1999 academic year is less than the number of SEC. 8109. From funds made available by this for facilities maintenance and repair, minor students commencing that degree program for Act for the Maritime Technology Program up to construction, or design projects may be obligated the first semester of the 1996–1997 academic year. at the time the reimbursable order is accepted by $250,000 shall be made available to assist with a SEC. 8100. During the current fiscal year, the pilot project that will facilitate the transfer of the performing activity: Provided, That for the amounts which are necessary for the operation purpose of this section, supervision and admin- commercial cruise ship shipbuilding technology and maintenance of the Fisher Houses adminis- and expertise to U.S. yards, utilize the experi- istration costs includes all in-house Government tered by the Departments of the Army, the cost. ence and expertise of existing U.S.-flag cruise Navy, and the Air Force are hereby appro- ship operators, and enable the operation of a SEC. 8094. The Secretary of Defense may waive priated, to be derived from amounts which are reimbursement of the cost of conferences, semi- U.S.-flag foreign-built cruise ship, and two available in the applicable Fisher House trust newly-constructed U.S.-flag cruise ships: Pro- nars, courses of instruction, or similar edu- fund established under 10 U.S.C. 2221 for the cational activities of the Asia-Pacific Center for vided, That a person (including a related person Fisher Houses of each such department. with respect to that person) who, within 18 Security Studies for military officers and civil- SEC. 8101. During the current fiscal year, re- months after the date of enactment, enters into ian officials of foreign nations if the Secretary funds attributable to the use of the Government a binding contract for construction in the Unit- determines that attendance by such personnel, travel card by military personnel and civilian ed States of two cruise ships, which contract without reimbursement, is in the national secu- employees of the Department of Defense may be shall provide for the construction of two cruise rity interest of the United States: Provided, credited to operation and maintenance accounts ships of equal or greater size than the cruise That costs for which reimbursement is waived of the Department of Defense which are current ship being operated by such person on the date pursuant to this subsection shall be paid from when the refunds are received. appropriations available for the Asia-Pacific SEC. 8102. During the current fiscal year, not of enactment and shall require the delivery of Center. more than a total of $60,000,000 in withdrawal the first cruise ship no later than January 1, SEC. 8095. (a) Notwithstanding any other pro- credits may be made by the Marine Corps Sup- 2005, and the second cruise ship no later than vision of law, the Chief of the National Guard ply Management activity group of the Navy January 1, 2008, may document with a coastwise Bureau may permit the use of equipment of the Working Capital Fund, Department of Defense endorsement a cruise ship constructed pursuant National Guard Distance Learning Project by Working Capital Funds, to the credit of current to this section and a foreign-built cruise ship any person or entity on a space-available, reim- applicable appropriations of a Department of otherwise in compliance with 46 U.S.C. sections bursable basis. The Chief of the National Guard Defense activity in connection with the acquisi- 289, 883 and 12106 until such date which is Bureau shall establish the amount of reimburse- tion of critical low density repairables that are twenty-four (24) months after the delivery of the ment for such use on a case-by-case basis. capitalized into the Navy Working Capital second cruise ship or any subsequently delivered (b) Amounts collected under subsection (a) Fund. cruise ship: Provided further, That a person (in- shall be credited to funds available for the Na- SEC. 8103. Notwithstanding 31 U.S.C. 3902, cluding a related person with respect to that tional Guard Distance Learning Project and be during the current fiscal year interest penalties person) within the meaning of 46 U.S.C. section available to defray the costs associated with the may be paid by the Department of Defense from 801 may not operate a U.S.-flag foreign-built use of equipment of the project under that sub- funds financing the operation of the military cruise ship, or any other cruise ship, in coast- section. Such funds shall be available for such department or defense agency with which the wise trade between or among the islands of Ha- purposes without fiscal year limitation. invoice or contract payment is associated. waii, upon execution of the contract referred to SEC. 8096. Using funds available by this Act or SEC. 8104. At the time the President submits in this section and continuing throughout the any other Act, the Secretary of the Air Force, his budget for fiscal year 1999, the Department life expectancy (as that term is used in 46 U.S.C. pursuant to a determination under section 2690 of Defense shall transmit to the congressional App 1125) of a newly constructed U.S. flag of title 10, United States Code, may implement defense committees a budget justification docu- cruise ship referred to in this section, unless the cost-effective agreements for required heating ment for the active and reserve Military Person- cruise ship is operated by a person (including a facility modernization in the Kaiserslautern nel accounts, to be known as the ‘‘M–1’’, which related person with respect to that person) that Military Community in the Federal Republic of shall identify, at the budget activity, activity is operating a cruise ship in coastwise trade be- Germany: Provided, That in the City of group, and subactivity group level, the amounts tween or among the islands of Hawaii on the Kaiserslautern such agreements will include the requested by the President to be appropriated to date of enactment, except if any cruise ship con- use of United States anthracite as the base load the Department of Defense for military person- structed pursuant to this section operates in reg- energy for municipal district heat to the United nel in any budget request, or amended budget ular service other than between or among the is- States Defense installations: Provided further, request, for fiscal year 1999. lands of Hawaii: Provided further, That for pur- That at Landstuhl Army Regional Medical Cen- SEC. 8105. Notwithstanding any other provi- poses of this section the term ‘‘cruise ship’’ ter and Ramstein Air Base, furnished heat may sion in this Act, the total amount appropriated means a vessel that is at least 10,000 gross tons H7668 CONGRESSIONAL RECORD — HOUSE September 23, 1997 (as measured under chapter 143 of title 46, Unit- clude budget activity groups (known as ‘‘sub- of defense articles or equipment, training activi- ed States Code) and has berth or stateroom ac- activities’’) in the operation and maintenance ties and the modification and construction of commodations for at least 275 passengers: Pro- accounts of the military departments and other military facilities. vided further, That for purposes of this section, appropriation accounts, as may be necessary, to SEC. 8123. (a) The Secretary of Defense may, unless otherwise defined in this section, the term separately identify all costs incurred by the De- on a case-by-case basis, waive with respect to a ‘‘person’’ means a corporation, partnership or partment of Defense to support the expansion of foreign country each limitation on the procure- association the controlling interest of which is the North Atlantic Treaty Organization. The ment of defense items from foreign sources pro- owned by citizens of the United States within budget justification materials submitted to Con- vided in law if the Secretary determines that the the meaning of 46 U.S.C. section 802(b): Pro- gress in support of the budget of the Department application of the limitation with respect to that vided further, That for purposes of this section of Defense for fiscal year 1999, and subsequent country would invalidate cooperative programs the term ‘‘related person’’ means with respect to fiscal years, shall provide complete, detailed es- entered into between the Department of Defense a person (i) a holding company, subsidiary, af- timates for the incremental costs of such expan- and the foreign country, or would invalidate re- filiate or association of the person and (ii) an sion. ciprocal trade agreements for the procurement of officer, director, or agent of the person or of an SEC. 8117. None of the funds made available in defense items entered into under section 2531 of entity referred to in (i): Provided further, That this Act may be obligated or expended to enter title 10, United States Code, and the country none of the funds provided in this or any other into or renew a contract with a contractor that does not discriminate against the same or simi- Act may be obligated for the tooling to construct is subject to the reporting requirement set forth lar defense items produced in the United States or the construction of vessels addressed by this in subsection (d) of section 4212 of title 38, Unit- for that country. section. ed States Code, but has not submitted the most (b) Subsection (a) applies with respect to— SEC. 8110. The Secretary of Defense shall sub- recent report required by such subsection for (1) contracts and subcontracts entered into on mit to the congressional defense committees not 1997 or a subsequent year. or after the date of the enactment of this Act; later than November 15, 1997 an aviation safety SEC. 8118. None of the funds made available in and plan outlining an appropriate level of naviga- this Act may be used to approve or license the (2) options for the procurement of items that tional safety upgrades for all Department of De- sale of the F–22 advanced tactical fighter to any are exercised after such date under contracts fense aircraft and the associated funding profile foreign government. that are entered into before such date if the op- to install these upgrades in an expeditious man- SEC. 8119. None of the funds appropriated or tion prices are adjusted for any reason other ner. otherwise made available by this Act may be than the application of a waiver granted under SEC. 8111. Notwithstanding any other provi- made available for the United States Man and subsection (a). sion of law, the Secretary of Defense shall obli- the Biosphere Program, or related projects. (c) Subsection (a) does not apply to a limita- gate the funds provided for University Research SEC. 8120. Up to $4,500,000 of funds available tion regarding construction of warships, ball Initiatives in the Department of Defense Appro- to the Department of Defense may be available and roller bearings, and clothing or textile mate- priations Act, 1997 (titles I through VIII under for the payment of claims for loss and damage rials as defined by section 11 (chapters 50–65) of section 101(b) of Public Law 104–208) for the to personal property suffered as a direct result the Harmonized Tariff Schedule and products projects and in the amounts provided for in of the flooding in the Red River Basin during classified under headings 4010, 4202, 4203, 6401 House Report 104–863 of the House of Represent- April and May, 1997 by members of the Armed through 6406, 6505, 7019, and 9404. atives, 104th Congress, second session. Forces residing in the vicinity of Grand Forks SEC. 8124. It is the sense of Congress that SEC. 8112. The Secretary of Defense shall sub- Air Force Base, North Dakota, without regard should the Senate ratify NATO enlargement, mit to the Committees on Appropriations of the to the provisions of section 3721(e) of title 31, that the proportional cost of the United States House of Representatives and Senate, not later United States Code. share of the NATO common budget should not than April 15, 1998, a report on alternatives for SEC. 8121. Of the total amount appropriated increase, and that if any NATO member does current theater combat simulations: Provided, under title II for the Navy, the Secretary of the not pay its share, the United States shall not That this report shall be based on a review and Navy shall make $25,000,000 available for a pro- pay either. evaluation by the Defense Science Board of the gram to demonstrate expanded use of multitech- SEC. 8125. Congress finds that the Defense adequacy of the current models used by the De- nology automated reader cards throughout the Base Closure and Realignment Commission di- partment of Defense for theater combat simula- Navy and the Marine Corps, including dem- rected the transfer of only 10 electro-magnetic tions, with particular emphasis on the tactical onstration of the use of the so-called test environment systems from Eglin Air Force warfare (TACWAR) model and the ability of ‘‘smartship’’ technology of the ship-to-shore Base, Florida, to Nellis Air Force Base, Nevada. that model to adequately measure airpower, work load / off load program. SEC. 8126. (a) FINDINGS.—(1) The Department stealth, and other asymmetrical United States SEC. 8122. (a) FINDINGS.—(1) The North Atlan- of Defense budget is insufficient to fulfill all the warfighting advantages, and shall include the tic Treaty Organization, at the Madrid summit, requirements on the unfunded priorities lists of recommendations of the Defense Science Board decided to admit three new members, the Czech the military services and defense agencies; for improvements to current models and model- Republic, Poland and Hungary. (2) the documented printing expenses of the ing techniques. (2) The President, on behalf of the United Department of Defense amount to several hun- SEC. 8113. Effective on June 30, 1998, section States endorsed and advocated the expansion of dred million dollars per year, and a similar 8106(a) of the Department of Defense Appropria- the North Atlantic Treaty Organization to in- amount of undocumented printing expenses may tions Act, 1997 (titles I through VIII of the mat- clude three additional members. ter under section 101(b) of Public Law 104–208; (3) The Senate will consider the ratification of be included in external defense contracts; 110 Stat. 3009–111; 10 U.S.C. 113 note), is amend- instruments to approve the admissions of new (3) printing in two or more colors generally in- ed by striking out ‘‘$3,000,000’’ and inserting in members to the North Atlantic Treaty Organiza- creases costs; lieu thereof ‘‘$1,000,000’’. tion. (4) the Joint Committee on Printing of the SEC. 8114. None of the funds appropriated in (4) The United States has contributed more Congress of the United States has established title IV of this Act may be used to procure end- than $20,000,000,000 since 1952 for infrastructure regulations intended to protect taxpayers from items for delivery to military forces for oper- and support of the Alliance. extravagant Government printing expenses; ational training, operational use or inventory (5) In appropriations Acts considered by the (5) the Government Printing and Binding Reg- requirements: Provided, That this restriction Congress for fiscal year 1998, $449,000,000 has ulations published by the Joint Committee on does not apply to end-items used in develop- been requested by the President for expenditures Printing direct that ‘‘. .. it is the responsibility ment, prototyping, and test activities preceding in direct support of United States participation of the head of any department, independent of- and leading to acceptance for operational use: in the Alliance. fice or establishment of the Government to as- Provided further, That this restriction does not (6) In appropriations Acts considered by the sure that all multicolor printing shall contribute apply to programs funded within the National Congress for fiscal year 1998, $9,983,300,000 has demonstrable value toward achieving a greater Foreign Intelligence Program: Provided further, been requested by the President in support of fulfillment of the ultimate end-purpose of what- That the Secretary of Defense may waive this United States military expenditures in North At- ever printed item in which it is included.’’; restriction on a case-by-case basis by certifying lantic Treaty Organization countries. (6) the Department of Defense publishes a in writing to the Committees on Appropriations (b) REPORT TO CONGRESS.—The Secretary of large number of brochures, calendars, and other of the House of Representatives and the Senate Defense shall identify and report to the congres- products in which the use of multicolor printing that it is in the national security interest to do sional defense committees not later than October does not appear to meet the demonstrably valu- so. 1, 1997— able contribution requirement of the Joint Com- SEC. 8115. It is the sense of the Congress that (1) the amounts necessary, by appropriation mittee on Printing, but instead appears to be all member nations of the North Atlantic Treaty account, for all anticipated costs to the United used primarily for decorative effect; and Organization (NATO) should contribute their States for the admission of the Czech Republic, (7) the Department of Defense could save re- proportionate share to pay for the costs of the Poland and Hungary to the North Atlantic sources for higher priority needs by reducing Partnership for Peace program and for any fu- Treaty Organization for the fiscal years 1998, printing expenses. ture costs attributable to the expansion of 1999, 2000, 2001 and 2002; and (b) SENSE OF THE SENATE.—Therefore, it is the NATO. (2) any new commitments or obligations en- sense of the Senate that— SEC. 8116. The budget of the President for fis- tered into or assumed by the United States in (1) the Secretary of Defense should ensure cal year 1999 submitted to Congress pursuant to association with the admission of new members that the printing costs of the Department of De- section 1105 of title 31, United States Code, and to the Alliance, to include the deployment of fense and military services are held to the lowest each annual budget request thereafter, shall in- United States military personnel, the provision amount possible; September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7669

(2) the Department of Defense should strictly will set forth the scope of the Group’s work, as (e) TERMINATION OF THE PANEL.—The panel comply with the Printing and Binding Regula- well as its charter, composition, authorities, life- shall terminate 30 days after the date on which tions published by the Joint Committee on Print- span, and products to be generated: Provided it submits its report under subsection (b)(1). ing of the Congress of the United States; further, That this memorandum of agreement SEC. 8132. None of the funds in this Act may (3) the Department of Defense budget submis- shall be completed not later than December 15, be made available for the deployment of United sion for fiscal year 1999 should reflect the sav- 1997. States armed forces in the Republic of Bosnia ings that will result from the stricter printing SEC. 8131. (a) PANEL TO REVIEW LONG RANGE and Herzegovina after June 30, 1998, unless the guidelines in paragraphs (1) and (2). AIR POWER.—(1) There is hereby established an President, after consultation with the bipartisan (RESCISSIONS) independent panel to evaluate the adequacy of leadership of the Senate and the House of Rep- SEC. 8127. Of the funds provided in title III of current planning for United States long-range resentatives, transmits to the Congress not later the Department of Defense Appropriations Act, air power and the requirement for continued than May 15, 1998 a certification that the con- 1996 (Public Law 104–61), $62,000,000 are re- low-rate production of B–2 stealth bombers. tinued presence of United States armed forces is scinded, and of the funds provided in title IV of (2) The panel shall be composed of nine mem- required in order to meet the national security the Department of Defense Appropriations Act, bers appointed as follows: interests of the United States: Provided, That 1997 (as contained in section 101(b) of Public (A) Two members shall be named by the Presi- such certification shall specify the following as- Law 104–208), $38,000,000 are rescinded: Pro- dent; pects of any deployment beyond June 30, 1998— (B) Two members shall be named by the vided, That such rescissions shall not be made (1) The reasons why such deployment is in the before July 1, 1998: Provided further, That not Speaker of the House of Representatives; (C) One member shall be named by the minor- national interest; later than June 1, 1998, the Undersecretary of ity leader of the House of Representatives; (2) The number of United States military per- Defense (Comptroller) shall submit a report to (D) Two members shall be named by the ma- sonnel to be deployed in and around the Repub- the congressional defense committees listing the jority leader of the Senate; lic of Bosnia and Herzegovina and the former specific programs, projects and activities pro- (E) One member shall be named by the minor- Yugoslavia; posed for rescission subject to the provisions of ity leader of the Senate; and this section. (3) The expected duration of any such deploy- (F) One member, will serve as chairman of the SEC. 8128. Section 303(e) of the 1997 Emergency ment; panel, shall be named by the President. Supplemental Appropriations Act for Recovery (4) The mission and objectives of United States (b) FUNCTIONS OF PANEL.—(1) Not later than military forces deployed in and around the Re- from Natural Disasters, and for Overseas Peace- March 1, 1998, the panel shall submit to the public of Bosnia and Herzegovina and the keeping Efforts, Including Those in Bosnia President and Congress a report containing its former Yugoslavia; (Public Law 105–18; 111 Stat. 168) is struck and conclusions and recommendations concerning the following is inserted in lieu thereof: the appropriate B–2 bomber force and specifi- (5) The exit strategy for United States forces ‘‘(e) AVAILABILITY OF FUNDS.—The Secretary cally stating its recommendation on whether ad- engaged in such deployment; may use funds available in the Defense Working ditional funds for the B–2 should be used for (6) The costs associated with any deployment Capital Fund for the payment of the costs of continued low-rate production of the B–2 or for beyond June 30, 1998; and utilities, maintenance and repair, and improve- upgrades to improve deployability, survivability ments entered into under the lease under this (7) The impact of such deployment on the mo- and maintainability. rale, retention, and effectiveness of U.S. forces: section.’’. (2) As part of its evaluation and review, the SEC. 8129. Subject to amounts appropriated panel shall consider, but not be limited to, the Provided further, That concurrent with said under the heading ‘‘Shipbuilding and Conver- following: certification, the President shall submit a sup- sion, Navy’’ in this Act for the New Attack Sub- (A) Scenarios involving no warning time and plemental appropriations request for such marine Program, and notwithstanding any pro- little warning time from potential adversaries; amounts as are necessary for any continued de- visions of the National Defense Authorization (B) The make-up of the current bomber fleet ployment beyond June 30, 1998: Provided fur- Act for Fiscal Year 1996 and of the National De- and expected attrition to that fleet over the next ther, That nothing in this section shall be fense Authorization Act for Fiscal Year 1997 to fifteen years; deemed to restrict the authority of the President the contrary, and notwithstanding section (C) The potential effect of additional B–2 under the Constitution to protect the lives of 2304(k) of title 10, United States Code, and the bombers on deterrence; United States citizens. policy set forth in paragraph (1) of that section, (D) The potential effect of additional B–2 This Act may be cited as the ‘‘Department of the Secretary of the Navy may enter into a con- bombers in the ‘‘halt phase’’ of a conflict; Defense Appropriations Act, 1998’’. tract during fiscal year 1998 for the necessary (E) The potential of a biological or chemical And the Senate agree to the same. procurement of four submarines under the New ‘‘lock-out’’ of tactical U.S. assets by future ad- BILL YOUNG, Attack Submarine Program with one of the two versaries and the effect of additional B–2 bomb- JOSEPH M. MCDADE, shipbuilders which are party to the Team Agree- ers toward mitigating such a tactic; JERRY LEWIS, ment between Electric Boat Corporation and (F) Trade-offs between additional B–2 bomb- JOE SKEEN, Newport News Shipbuilding and Dry Dock Com- ers and other programmed DOD assets in meet- DAVID L. HOBSON, pany dated February 25, 1997, that was submit- ing the scenarios described in subsections HENRY BONILLA, ted to the Congress by the Secretary of the Navy (b)(2)(A) through (b)(2)(E) above; GEORGE R. NETHERCUTT, on March 31, 1997, as the prime contractor on (G) The desirability of an increased rate of Jr., the condition such prime contractor enter into purchase of precision-guided munitions for air- ERNEST ISTOOK, one or more subcontracts (under such prime craft in the existing B–2 fleet; RANDY ‘‘DUKE’’ contract) with the other shipbuilder which is a (H) The desirability of improving the low ob- CUNNINGHAM, party to such Team Agreement as contemplated servable characteristics of the existing B–2 fleet; BOB LIVINGSTON, in such Team Agreement, with such contract and JOHN P. MURTHA, providing for construction of the first submarine (I) The affordability of additional B–2 bomb- NORM DICKS in fiscal year 1998 and for the advance construc- ers in the context of projected levels of future (except on amend- tion and advance procurement of material for defense funding. ment dealing with the second, third, and fourth submarines in fis- (c) PANEL ADMINISTRATION.—(1) The members the B–2 bomber.), cal year 1998: Provided, That such prime con- of the panel shall be allowed travel expenses, in- W.G. BILL HEFNER, tract shall provide that if such contract is termi- cluding per diem in lieu of subsistence, at rates MARTIN OLAV SABO, nated, the United States shall not be liable for authorized for employees of agencies under sub- JULIAN C. DIXON, termination costs in excess of the total amount chapter I of chapter 57 of title 5, United States PETER J. VISCLOSKY, appropriated for the New Attack Submarine Code, while away from their homes or regular Managers on the Part of the House. Program. places of business in the performance of services SEC. 8130. In addition to the amounts provided for the panel. TED STEVENS, elsewhere in this Act, $3,000,000 is hereby appro- (2) Upon the request of the chairman of the THAD COCHRAN, priated for ‘‘Operations and Maintenance, De- panel, the Secretary of Defense may detail to ARLEN SPECTER, fense-Wide’’, and shall be made available only the panel, on a nonreimbursable basis, person- PETE DOMENICI, for the establishment of the ‘‘21st Century Na- nel of the Department of Defense to assist the CHRISTOPHER S. BOND, tional Security Study Group’’ (hereinafter in panel in carrying out its duties. The Secretary MITCH MCCONNELL, this section referred to as the ‘‘Study Group’’): of Defense shall furnish to the panel such ad- RICHARD SHELBY, Provided, That these funds may be obligated ministrative and support services as may be re- JUDD GREGG, only upon the completion of a memorandum of quested by the chairman of the panel and shall KAY BAILEY HUTCHISON, agreement between the Secretary of Defense ensure that all appropriate actions are taken to DANIEL K. INOUYE, (after consultation with the President), the preserve the options of the President until the ROBERT BYRD, Speaker of the House of Representatives, the panel submits its report under subsection (b)(1). PATRICK J. LEAHY, Minority Leader of the House of Representa- (d) FUNDING.—The Secretary of Defense shall, DALE BUMPERS, tives, the Majority Leader of the Senate, and upon the request of the panel, make available to FRANK R. LAUTENBERG, the Minority Leader of the Senate: Provided the panel such amounts as the panel may re- BYRON L. DORGAN, further, That this memorandum of agreement quire to carry out its duties under this section. Managers on the Part of the Senate. H7670 CONGRESSIONAL RECORD — HOUSE September 23, 1997 JOINT EXPLANATORY STATEMENT clause and inserted the Senate bill. The con- sional action. The following exception to the The managers on the part of the House and ference agreement includes a revised bill. above definition shall apply: the Senate at the conference on the disagree- DEFINITION OF PROGRAM, PROJECT, AND for the Military Personnel and the Oper- ing votes of the two Houses on the amend- ACTIVITY ation and Maintenance accounts, the term ment of the Senate to the bill (H.R. 2266), ‘‘program, project, and activity’’ is defined making appropriations for the Department The conferees agree that for the purposes as the appropriations accounts contained in of Defense for the fiscal year ending Septem- of the Balanced Budget and Emergency Defi- the Department of Defense Appropriations ber 30, 1998, and for other purposes, submit cit Control Act of 1985 (Public Law 99–177) as Act. At the time the President submits his the following joint statement to the House amended by the balanced Budget and Emer- budget for fiscal year 1999, the conferees di- and the Senate in explanation of the effect of gency Deficit Control Reaffirmation Act of rect the Department of Defense to transmit the action agreed upon by the managers and 1987 (Public Law 100–119) and by the Budget to the congressional defense committees recommended in the accompanying con- Enforcement Act of 1990 (Public Law 101–508), budget justification documents to be known ference report. the term program, project, and activity for as the ‘‘M–1’’ and ‘‘O–1’’ which shall identify, The conference agreement on the Depart- appropriations contained in this Act shall be at the budget activity, activity group, and ment of Defense Appropriations Act, 1998, in- defined as the most specific level of budget subactivity group level, the amounts re- corporates some of the provisions of both the items identified in the Department of De- quested by the President to be appropriated House and Senate versions of the bill. The fense Appropriations Act, 1998, the accom- to the Department of Defense for operation language and allocations set forth in House panying House and Senate Committee re- and maintenance in any budget request, or Report 105–206 and Senate Report 105–45 ports, the conference report and accompany- amended budget request, for fiscal year 1999. should be complied with unless specifically ing joint explanatory statement of the man- TITLE I—MILITARY PERSONNEL addressed in the accompanying bill and agers of the Committee of Conference, the statement of the managers to the contrary. related classified annexes and reports, and The conferees agree to the following Senate Amendment: The Senate deleted the P–1 and R–1 budget justification docu- amounts and end strength totals for the the entire House bill after the enacting ments as subsequently modified by Congres- Military Personnel accounts as follows: [In thousands of dollars]

Budget House Senate Conference

Active personnel: Army ...... $20,492,257 $20,445,381 $20,426,457 $20,452,057 Navy ...... 16,501,118 16,504,911 16,508,218 16,493,518 Marine Corps ...... 6,147,599 6,141,635 6,148,899 6,137,899 Air Force ...... 17,145,556 17,044,874 17,206,056 17,102,120 Reserve personnel: Army ...... 2,024,446 2,045,615 2,037,046 2,032,046 Navy ...... 1,375,401 1,377,249 1,374,901 1,376,601 Marine Corps ...... 381,070 391,953 384,770 391,770 Air Force ...... 814,936 814,772 815,745 815,915 National Guard Personnel: Army ...... 3,200,667 3,245,387 3,446,867 3,333,867 Air Force ...... 1,319,712 1,331,417 1,334,712 1,334,714 Total, Military Personnel ...... 69,411,762 69,343,194 69,683,671 69,470,505

PERSONNEL UNDERSTRENGTH [In thousands of dollars] tional Guard C–130’s units. The conferees rec- Army ...... ¥$240,000 ommend restoring these aircraft levels dur- The conferees recommend a total reduc- Navy ...... ¥10,000 ing fiscal year 1998. In addition, the con- tion of $303,200,000 to the services military Marine Corps ...... ¥3,600 ferees recommend adding funds to support personnel accounts due to lower than esti- Air Force ...... ¥44,600 the Air Force Reserve’s WC–130 Weather Re- mated end strengths during fiscal year 1997. Army Reserve ...... ¥5,000 connaissance mission, and Navy Reserve The conferees understand that the Services LAMPS squadrons. In total, the conferees will begin fiscal year 1998 with fewer person- Total ...... ¥303,200 recommend an additional $11,779,000 in the nel on-board than originally budgeted, there- FORCE STRUCTURE CHANGES military personnel accounts and $64,373,000 fore, the requirements for pays and allow- The fiscal year 1998 budget request in- in the services Operations and Maintenance ances of personnel are overstated. A sum- cluded reductions in the size of Primary Air- accounts for personnel and support costs of mary of the understrength reductions is craft Authorized (PAA) levels for Air Force these units. A summary of the funds pro- shown in the table below: B–52’s, and Air Force Reserve and Air Na- vided follows:

Military personnel O&M Procurement Total

Air Force, B–52’s ...... 4,500 42,400 10,400 57,300 Air Force Reserve, C–130’s ...... 1,409 6,780 ...... 8,189 Air National Guard C–130’s ...... 4,000 13,063 ...... 17,063 Air Force Reserve, WC–130 Weather Reconnaissance ...... 170 830 ...... 1,000 Navy/Navy Reserve, Magic Lantern ...... 1,700 1,300 ...... 3,000 Total ...... 11,779 64,373 10,400 86,552

FOREIGN CURRENCY SAVINGS porary Early Retirement Authority. Of this MILITARY PERSONNEL, ARMY The budget request reduces the active duty amount, the conferees agree to restore The conference agreement on items ad- military personnel accounts by $62,000,000 for $36,902,000, the budget request, for Army sep- dressed by either the House or the Senate is foreign currency savings due to favorable aration payments. However, due to enlisted as follows: fluctuations in overseas exchange rates. The understrength projections, the conferees rec- [In thousands of dollars] conferees understand that there are addi- ommend $90,000,000, a reduction of $57,836,000 tional savings and recommend a further re- from the budget request, for Air Force sepa- duction of $16,000,000 to the personnel ac- House Senate Conference counts, for a total foreign currency reduc- ration payments. Basic Allowance for Quarters ...... 10,326 ...... tion of $78,000,000. ACTIVE END STRENGTH Foreign Currency Savings ...... ¥4,000 ...... ¥9,000 CONTINGENCY OPERATIONS FUNDING [Fiscal year 1998] Temporary Early Retirement Pro- The fiscal year 1998 budget request rec- gram ...... ¥36,902 ...... Service Academies Foreign Stu- ommended $213,600,000 for pay and allow- Budget Conference Conference dents ...... ¥1,000 ...... ¥1,000 ances of military personnel in the ‘‘Overseas vs. budget Personnel Understrength Savings ... ¥183,100 ...... ¥240,000 Contingency Operations Transfer Fund’’, for Family Separation Allowance ...... 9,600 ...... 9,600 Army ...... 495,000 495,000 ...... Contingency Operations Transfer— cost of operations in Bosnia during fiscal Navy ...... 390,802 390,802 ...... year 1998. The conferees agree to the realign- Bosnia ...... 158,200 158,200 158,200 Marine Corps ...... 174,000 174,000 ...... End Strength Reduction ...... ¥266,000 ...... ment of these funds into the Services mili- Air Force ...... 371,577 371,699 +122 Additional Recruiting Support ...... 42,000 42,000 tary personnel accounts. Total, Active Personnel ...... 1,431,379 1,431,501 +122 TEMPORARY EARLY RETIREMENT AUTHORITY Total, Military Personnel, Army ¥46,876 ¥65,800 ¥40,200 The conferees recommend a total of $126,902,000 for Army and Air Force Tem- September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7671

MILITARY PERSONNEL, NAVY Fiscal year 1998 NAVY RESERVE FORCES The conference agreement on items ad- Conference The conferees concur in the House direc- dressed by either the House or the Senate is Budget Conference vs. Budget tion regarding Navy Reserve Forces. as follows: RESERVE PERSONNEL, MARINE CORPS [In thousands of dollars] Navy Reserve ...... 94,294 94,326 +32 Marine Corps Reserve ...... 42,000 42,000 ...... The conference agreement on items ad- Air Force Reserve ...... 73,431 73,598 +167 House Senate Conference Army National Guard ...... 366,516 366,516 ...... dressed by either the House or the Senate is Air National Guard ...... 107,377 108,157 +780 as follows: Basic Allowance for Quarters ...... 9,393 ...... Foreign Currency Savings ...... -1,000 ...... -3,000 Total ...... 891,618 892,597 +979 [In thousands of dollars] Service Academies Foreign Stu- dents ...... -1,000 ...... -1,000 AGR/TARS: House Senate Con- Personnel Understrength Savings ... -10,000 ...... -10,000 Army Reserve ...... 11,500 11,500 ...... ference Unemployment Compensation Sav- Navy Reserve ...... 16,136 16,168 +32 ings ...... -10,000 ...... -10,000 Marine Corps Reserve ...... 2,559 2,559 ...... Annual Training/School Tours ...... 7,000 ...... 7,000 Family Separation Allowance ...... 9,300 ...... 9,300 Air Force Reserve ...... 963 963 ...... Basic Allowance for Quarters ...... 183 ...... Contingency Operations Transfer- Army National Guard ...... 22,310 22,310 ...... Reserve Duty Drill Pay ...... 3,700 3,700 3,700 Bosnia ...... 7,100 7,100 7,100 Air National Guard ...... 10,616 10,671 +55 Total, Reserve Personnel, Marine Total, Military Personnel, Total ...... 64,084 64,171 +87 Corps ...... 10,883 3,700 10,700 Navy ...... 3,793 7,100 -7,600 Technicians: RESERVE PERSONNEL, AIR FORCE MILITARY PERSONNEL, MARINE CORPS Army Reserve ...... 6,501 6,501 ...... The conference agreement on items ad- Air Force Reserve ...... 9,622 9,659 +37 The conference agreement on items ad- Army National Guard ...... 25,250 25,250 ...... dressed by either the House or the Senate is dressed by either the House or the Senate is Air National Guard ...... 22,968 23,068 +100 as follows: as follows: Total ...... 64,341 64,478 +137 [In thousands of dollars] [In thousands of dollars]

House Senate Conference Con- RETENTION OF MILITARY LEAVE FOR FEDERAL House Senate ference Basic Allowance for Quarters ...... 2,736 ...... EMPLOYEES Foreign Currency Savings ...... -1,000 The conferees reject the budget request Basic Allowance for Quarters ...... 266 ...... Personnel Understrength Savings ... -3,600 ...... -3,600 Reserve Duty Drill Pay ...... 8,200 8,200 8,200 Family Separation Allowance ...... -3,600 ...... -3,600 proposal to eliminate military leave for Health Scholarship Stipend ...... ¥8,800 ¥8,800 ¥8,800 Unemployment Compensation Sav- those members of the Reserve components WC–130 Weather Reconnaissance ...... 170 ...... 170 ings ...... -10,000 ...... -10,000 who are Federal employees. C–130 Force Structure ...... 1,409 1,409 Contingency Operations Transfer- Bosnia ...... 1,300 1,300 1,300 RESERVE MOBILIZATION INCOME INSURANCE Total, Reserve Personnel, Air Force ¥164 809 979 PROGRAM Total, Military Personnel, Marine Corps ...... -5,964 1,300 -9,700 The conferees include language in section NATIONAL GUARD PERSONNEL, ARMY 8005 of the general provisions which provides The conference agreement on items ad- MILITARY PERSONNEL, AIR FORCE the Department of Defense reprogramming dressed by either the House or the Senate is The conference agreement on items ad- authority to meet its financial obligations as follows: dressed by either the House or the Senate is with respect to the termination of this pro- [In thousands of dollars] as follows: gram in the absence of a supplemental appro- [In thousands of dollars] priation. Con- House Senate ference RESERVE PERSONNEL, ARMY House Senate Conference The conference agreement on items ad- School/Special Training ...... 10,000 115,000 40,000 dressed by either the House or the Senate is Basic Allowance for Quarters ...... 1,520 ...... Basic Allowance for Quarters ...... 8,654 ...... Reserve Duty Drill Pay ...... 33,200 33,200 33,200 Temporary Early Retirement Pro- as follows: Annual Training ...... 33,000 15,000 gram ...... -147,836 ...... -57,836 [In thousands of dollars] Inactive Duty Training ...... 20,000 10,000 Foreign Currency Savings ...... -1,000 ...... -3,000 Initial Entry Training ...... 35,000 30,000 Service Academies Foreign Stu- Bonus/Transition Benefits ...... 10,000 5,000 dents ...... -1,000 ...... -1,000 House Senate Conference Personnel Understrength Savings ... -18,000 ...... -44,600 Total, National Guard Personnel, Family Separation Allowance ...... 2,500 ...... 2,500 Unit Readiness/Training ...... 8,000 ...... Army ...... 44,720 246,200 133,200 Contingency Operations Transfer- Basic Allowance for Quarters ... 569 ...... Bosnia ...... 47,000 47,000 47,000 Reserve Duty Drill Pay ...... 20,400 20,400 20,400 B–52 Force Structure ...... 4,500 4,500 Health Scholarship Stipend ...... ¥7,800 ¥7,800 ¥7,800 NATIONAL GUARD PERSONNEL, AIR FORCE Personnel Understrength Sav- Total, Military Personnel, ings ...... ¥5,000 The conference agreement on items ad- Air Force ...... -109,682 51,500 -52,436 dressed by either the House or the Senate is Total, Reserve Person- as follows: NATIONAL GUARD AND RESERVE FORCES nel, Army ...... 21,169 12,600 7,600 [In thousands of dollars] The conferees agree to provide $9,284,911,000 RESERVE PERSONNEL, NAVY in Reserve personnel appropriations, House Senate Con- $9,310,912,000 in Operation and maintenance The conference agreement on items ad- ference appropriations, and $653,000,000 in the Na- dressed by either the House or the Senate is as follows: Basic Allowance for Quarters ...... 705 ...... tional Guard and Reserve Equipment appro- Reserve Duty Drill Pay ...... 11,000 11,000 11,000 priation. These funds support a Selected Re- [In thousands of dollars] C–130 Force Structure ...... 4,000 4,000 serve strength of 892,597 as shown below. House Senate Conference Total, National Guard Personnel, RESERVE STRENGTHS Air Force ...... 11,705 15,000 15,000 Basic Allowance for Quarters ... 648 ...... Fiscal year 1998 Reserve Duty Drill Pay ...... 8,500 8,500 8,500 Health Scholarship Stipend ...... ¥9,000 ¥9,000 ¥9,000 TITLE II—OPERATION AND Conference Magic Lantern Aircraft ...... 1,700 ...... 1,700 MAINTENANCE Budget Conference vs. Budget Total, Reserve Person- A summary of the conference agreement Selected Reserve: nel, Navy ...... 1,848 ¥500 1,200 on the items addressed by either the House Army Reserve ...... 208,000 208,000 ...... or the Senate is as follows:

[In thousands of dollars]

Budget House Senate Conference

O&M. ARMY ...... 17,049,484 17,078,218 16,913,473 16,754,306 TRANSFER—STOCKPILE ...... (50,000) (50,000) (50,000) (50,000) O&M. NAVY ...... 21,508,130 21,779,365 21,576,419 21,617,766 TRANSFER—STOCKPILE ...... (50,000) (50,000) (50,000) (50,000) O&M. MARINE CORPS ...... 2,301,345 2,598,032 2,328,535 2,372,635 O&M. AIR FORCE ...... 18,817,785 18,740,167 18,592,385 18,492,883 TRANSFER—STOCKPILE ...... (50,000) (50,000) (50,000) (50,000) O&M. DEFENSEWIDE ...... 10,390,938 10,053,956 10,399,638 10,639,740 O&M. ARMY RESERVE ...... 1,192,891 1,207,891 1,212,891 1,207,891 O&M. NAVY RESERVE ...... 834,711 924,711 834,211 921,711 O&M. MARINE CORPS RESERVE ...... 110,366 119,266 110,366 116,366 O&M. AIR FORCE RESERVE ...... 1,624,420 1,635,250 1,631,200 1,632,030 O&M. ARMY NATIONAL GUARD ...... 2,258,932 2,313,632 2,449,932 2,419,632 O&M. AIR NATIONAL GUARD ...... 2,991,219 2,995,719 3,010,282 3,013,282 H7672 CONGRESSIONAL RECORD — HOUSE September 23, 1997 [In thousands of dollars]

Budget House Senate Conference

OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND ...... 1,467,500 1,855,400 1,889,000 1,884,000 UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES ...... 6,952 6,952 6,952 6,952 ENVIRONMENTAL RESTORATION, ARMY ...... 377,337 377,337 375,337 375,337 ENVIRONMENTAL RESTORATION, NAVY ...... 277,500 277,500 275,500 275,500 ENVIRONMENTAL RESTORATION, AIR FORCE ...... 378,900 378,900 376,900 376,900 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE ...... 27,900 27,900 26,900 26,900 ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES ...... 202,300 202,300 242,300 242,300 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID ...... 80,130 55,557 40,130 47,130 FORMER SOVIET UNION THREAT REDUCTION ...... 382,200 284,700 382,200 382,200 QUALITY OF LIFE ENHANCEMENTS, DEFENSE ...... 100,000 360,000 GRAND TOTAL, O&M ...... 82,280,940 82,912,753 82,774,551 82,895,461

REAL PROPERTY MAINTENANCE Operation and maintenance, Marine Corps DISTANCE EDUCATION The conferees are concerned about the ex- Depot maintenance. The conferees recognize that in recent na- tensive backlog of real property mainte- The conferees further direct the Secretary nance in the Department of Defense and the of the Air Force to identify in separate budg- tionwide surveys, one out of three homeless effect this has on the morale of U.S. service et subactivities depot maintenance for budg- men identifies himself as a military veteran. personnel. Accordingly, the conferees agree et activity one and budget activity two in The conferees further recognize that a sig- to provide a total of $724,620,000, of which the fiscal year 1999 budget request and subse- nificant percentage of the thousands of men $360,000,000 is provided in the Quality of Life quent budget requests. In addition, due to and women leaving the armed forces each Enhancements, Defense account. The con- continuing concerns about force readiness year are doing so without having earned ei- ferees also agree that, of the funds for real and the apparent diversion of Operation and ther an associates or bachelors degree. This property maintenance provided within Oper- maintenance funds, the conferees agree that lack of formal education credentials may be ation and Maintenance, Army at $15,000,000 the Department should provide written noti- making it more difficult for veterans to se- shall be used for demolition requirements fication of the congressional defense com- cure good jobs following their military serv- previously identified by the Department of mittees for the cumulative value of any and ice. Therefore, the conferees encourage the the Army. In the case of real property main- all transfers in excess of $15,000,000 from or Department to explore distance education tenance funding provided directly to the into the following budget activities and sub- initiatives that could assist active duty per- services’ Operation and maintenance ac- activity group categories: sonnel and their family members, DoD civil- counts, the conferees agree the Department Operation and maintenance, Army ian employees and veterans in pursuing col- of Defense should provide written notifica- lege-level degrees. These distance education tion to the congressional defense committees Land Forces: Divisions, Corps combat for transfers of greater than $15,000,000 to or forces, Corps support forces, Echelon above degree-granting initiatives must be portable from the total real property maintenance corps forces, Land forces operations support; so that they can be pursued regardless of amount provided to each service. Land Forces Readiness: Land forces depot changes of duty station. maintenance. OPERATION AND MAINTENANCE BUDGET ENVIRONMENTALLY SAFE FUEL STORAGE TANKS EXECUTION DATA Operation and maintenance, Navy The conferees support the position ex- Air Operations: Mission and other flight The conferees support Department of De- pressed in the House report accompanying operations; Fleet air training, Aircraft depot fense efforts to develop and install environ- the Defense Appropriations bill for fiscal maintenance; Ship Operations: Mission and mentally safe fuel storage tanks. Accord- year 1998 requiring the Department of De- other ship operations, Ship operational sup- ingly, the conferees direct that $2,000,000 of fense to provide the congressional defense port and training, Intermediate mainte- the funds in Operation and Maintenance, Ma- committees with quarterly budget execution nance, Ship depot maintenance. rine Corps, and $2,000,000 of the funds made data. Such data should be provided not later Operation and maintenance, Marine Corps available in Operation and Maintenance, Air than forty-five days past the close of each Expeditionary Forces: Operational forces, Force be used to support such efforts. quarter of the fiscal year, and should provide depot maintenance. NORTHERN MARIANA ISLANDS data for each O–1 budget activity, activity Operation and maintenance, Air Force group, and subactivity for each of the active, The conferees are aware of communica- defense-wide, reserve and national guard Air Operations: Primary combat forces, tions between the Government of the North- components. These reports should also in- Primary combat weapons, Air operations clude: the budget request and actual obliga- training; Mobility Operations: Airlift oper- ern Mariana Islands and the Department of tions for each O–1 budget activity, activity ations, payments to the transportation busi- Defense concerning future development of group, and subactivity; the DoD distribution ness area. certain lands on the island of Tinian in the of any unallocated congressional adjust- DEFENSE COMPUTER INVESTIGATIONS TRAINING Commonwealth of the Northern Mariana Is- ments to the budget request to each budget PROGRAM lands under lease to the United States. Ac- activity, activity group, and subactivity COMPUTER FORENSICS LAB cordingly, the conferees believe the Sec- group; and, adjustments to each budget ac- The conferees support the Department of retary of Defense should consider a develop- tivity, activity group and subactivity group Defense efforts to improve information secu- ment plan approved by the Government of resulting from DoD reprogramming actions. rity and investigative capabilities related to the Commonwealth of the Northern Mariana OPERATION AND MAINTENANCE REPROGRAMMING computer crimes. The conferees urge the De- Islands to be a ‘‘Permitted Use’’ within the The conferees agree that proposed trans- partment of Defense to allocate $8,500,000 of meaning of Article 1, Subsection D of the fers of funds between O–1 budget activities in the funds available in Operation and Mainte- Leaseback and Disposal Agreement between excess of $15,000,000 are subject to normal, nance, Navy and $2,700,000 available in Oper- the Commonwealth of the Northern Mariana prior approval reprogramming procedures. ation and Maintenance, Air Force to improve Islands and the United States of America The Department should also follow prior capabilities in this area. Further, the con- dated August 4, 1994, provided that (1) such a approval reprogramming procedures for the ferees direct that the Department of Defense plan has been approved by the Government cumulative value of transfers in excess of fully fund these activities in the fiscal year of the Commonwealth of the Northern Mari- $15,000,000 into or out of the following O–1 1999 budget request. ana Islands, and (2) the plan does not pre- subactivity groups. CHEMICAL-BIOLOGICAL DEFENSE FUNDING clude use of the land for urgent military pur- Operation and Maintenance, Army The conferees recommend that the Depart- poses. Depot maintenance. ment of Defense use existing facilities with OPERATION AND MAINTENANCE, ARMY Operation and maintenance, Navy explosives ranges capable of handling large Aircraft depot maintenance, ship depot blasts and existing instructional and re- The conference agreement on items ad- maintenance, and Intermediate mainte- search programs in response to blast, radio- dressed by either the House or the Senate is nance. logical, biological and chemical threats. as follows: [In thousands of dollars]

Budget House Senate Conference

100 OPERATION AND MAINTENANCE, ARMY 150 BUDGET ACTIVITY 1: OPERATING FORCES 200 LAND FORCES 250 DIVISIONS ...... 1,221,794 1,267,007 1,161,494 1,173,494 300 CORPS COMBAT FORCES ...... 350,942 350,942 327,242 332,942 350 CORPS SUPPORT FORCES ...... 323,190 323,190 323,190 323,190 400 ECHELON ABOVE CORPS FORCES ...... 440,542 440,542 440,542 440,542 450 LAND FORCES OPERATIONS SUPPORT ...... 658,067 658,067 658,067 658,067 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7673 [In thousands of dollars]

Budget House Senate Conference

500 LAND FORCES READINESS 550 FORCE READINESS OPERATIONS SUPPORT ...... 898,356 898,356 898,356 898,356 600 LAND FORCES SYSTEMS READINESS ...... 346,651 346,651 346,651 346,651 650 LAND FORCES DEPOT MAINTENANCE ...... 637,044 806,744 701,044 780,244 700 LAND FORCES READINESS SUPPORT 750 BASE SUPPORT ...... 2,417,712 2,441,712 2,417,712 2,440,712 800 MAINTENANCE OF REAL PROPERTY ...... 693,328 693,328 743,328 693,328 850 MANAGEMENT AND OPERATIONAL HEADQUARTERS ...... 130,012 130,012 131,212 131,212 900 UNIFIED COMMANDS ...... 70,620 70,620 63,620 52,620 950 MISCELLANEOUS ACTIVITIES ...... 179,864 185,264 179,864 179,864 955 CLASSIFIED PROGRAMS, UNDISTRIBUTED ...... 1,800 ...... 1045 TOTAL, BUDGET ACTIVITY 1 ...... 8,368,122 8,612,435 8,394,122 8,451,222

1050 BUDGET ACTIVITY 2: MOBILIZATION 1100 MOBILITY OPERATIONS 1200 STRATEGIC MOBILIZATION ...... 317,241 317,241 317,241 317,241 1250 WAR RESERVE ACTIVITIES ...... 171,100 171,100 171,100 171,100 1300 INDUSTRIAL PREPAREDNESS ...... 78,103 59,099 78,103 59,099 1350 TOTAL, BUDGET ACTIVITY 2 ...... 566,444 547,440 566,444 547,440

1400 BUDGET ACTIVITY 3: TRAINING AND RECRUITING 1450 ACCESSING TRAINING 1500 OFFICER ACQUISITION ...... 63,992 62,592 63,992 62,592 1550 RECRUIT TRAINING ...... 12,620 12,620 12,620 12,620 1600 ONE STATION UNIT TRAINING ...... 14,723 14,723 14,723 14,723 1650 RESERVE OFFICER TRAINING CORPS (ROTC) ...... 113,128 113,128 113,578 113,578 1700 BASE SUPPORT (ACADEMY ONLY) ...... 72,470 72,470 72,470 72,470 1750 MAINTENANCE OF REAL PROPERTY (ACADEMY ONLY) ...... 28,123 28,123 28,123 28,123 1800 BASIC SKILL/ADVANCE TRAINING 1850 SPECIALIZED SKILL TRAINING ...... 217,202 217,202 217,202 217,202 1900 FLIGHT TRAINING ...... 213,906 213,906 227,906 224,906 1950 PROFESSIONAL DEVELOPMENT EDUCATION ...... 69,594 69,594 69,594 69,594 2000 TRAINING SUPPORT ...... 484,484 484,484 482,484 479,484 2050 BASE SUPPORT (OTHER TRAINING) ...... 897,433 897,433 897,433 897,433 2100 MAINTENANCE OF REAL PROPERTY (OTHER TRAINING) ...... 321,089 321,089 350,089 321,089 2150 RECRUITING/OTHER TRAINING 2200 RECRUITING AND ADVERTISING ...... 222,718 229,718 241,718 235,718 2250 EXAMINING ...... 75,922 75,922 75,922 75,922 2300 OFF-DUTY AND VOLUNTARY EDUCATION ...... 94,364 94,364 94,364 94,364 2350 CIVILIAN EDUCATION AND TRAINING ...... 81,481 78,629 81,481 81,481 2400 JUNIOR ROTC ...... 73,439 74,189 73,439 74,189 2450 BASE SUPPORT (RECRUITING LEASES). 163,,010 ...... 163,010 163,010 163,010 163,010 2500 TOTAL, BUDGET ACTIVITY 3 ...... 3,219,698 3,223,196 3,280,148 3,238,498

2550 BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES 2600 SECURITY PROGRAMS 2650 SECURITY PROGRAMS ...... 366,085 366,085 366,085 366,085 2700 LOGISTICS OPERATIONS 2750 SERVICEWIDE TRANSPORTATION ...... 531,326 531,326 531,326 531,326 2800 CENTRAL SUPPLY ACTIVITIES ...... 405,371 405,371 405,371 405,371 2850 LOGISTIC SUPPORT ACTIVITIES ...... 253,138 286,338 275,038 289,138 2900 AMMUNITION MANAGEMENT ...... 369,407 369,407 369,407 369,407 2950 SERVICEWIDE SUPPORT 3000 ADMINISTRATION ...... 294,972 246,971 294,972 246,372 3050 SERVICEWIDE COMMUNICATIONS ...... 620,825 620,825 632,925 626,825 3100 MANPOWER MANAGEMENT ...... 152,437 152,437 152,437 152,437 3150 OTHER PERSONNEL SUPPORT ...... 155,307 155,307 155,307 155,307 3200 OTHER SERVICE SUPPORT ...... 593,446 595,446 529,485 531,485 3250 ARMY CLAIMS ACTIVITIES ...... 151,092 151,092 151,092 151,092 3300 REAL ESTATE MANAGEMENT ...... 63,526 63,526 63,526 63,526 3350 BASE SUPPORT ...... 667,779 624,279 667,779 623,779 3400 MAINTENANCE OF REAL PROPERTY ...... 131,528 131,528 145,028 135,028 3550 SUPPORT OF OTHER NATIONS 3600 INTERNATIONAL MILITARY HEADQUARTERS ...... 270,413 270,413 255,413 255,413 3650 MISC SUPPORT OF OTHER NATIONS ...... 34,568 34,568 34,568 34,568 3700 TOTAL, BUDGET ACTIVITY 4 ...... 5,061,220 5,004,919 5,029,759 4,937,159

3710 CLASSIFIED PROGRAMS UNDISTRIBUTED ...... ¥6,895 ...... ¥6,895 3715 CIVILIAN PERSONNEL UNDERSTRENGTH ...... ¥33,300 ¥131,000 ¥96,400 3720 GENERAL REDUCTION, NATIONAL DEFENSE STOCKPILE FUND ...... ¥50,000 ¥50,000 ¥50,000 ¥50,000 3730 FOREIGN CURRENCY FLUCTUATION/BUDGET AMEND ...... ¥116,000 ¥135,000 ¥135,000 ¥167,000 3770 INFORMATION RESOURCE MANAGEMENT ...... ¥25,000 ...... ¥25,000 3785 REAL PROPERTY MAINTENANCE ...... 232,000 ...... 98,812 3787 ECONOMIC ASSUMPTIONS ...... ¥41,000 ¥41,000 3790 TDY EXPENSES ...... ¥19,930 ...... ¥22,930 3795 QDR CIVILIAN PERSONNEL REDUCTIONS ...... ¥140,347 ...... ¥70,000 3800 CONTINGENCY OPERATIONS TRANSFER—SWA ...... ¥80,300 ...... 3815 NON-BRAC CARETAKER STATUS ...... ¥51,000 ...... ¥40,000 3835 MEMORIAL EVENTS ...... 400

4100 TOTAL, OPERATION AND MAINTENANCE, ARMY ...... 17,049,484 17,078,218 16,913,473 16,754,306 4150 TRANSFER ...... (50,000) (50,000) (50,000) (50,000) 4200 TOTAL FUNDING AVAILABLE ...... (17,099,484) (17,128,218) (16,963,473) (16,804,306)

ADJUSTMENTS TO BUDGET ACTIVITIES 650 Depot Maintenance—Other 143,200 Budget Activity 3: Training and Adjustments to the budget activities are as 750 Organizational Clothing Recruiting: follows: and Equipment (Increment I) 20,000 1500 Service Academies-For- eign Students ...... ¥1,400 [In thousands of dollars] 750 Range Safe System ...... 1,700 1650 Army Air Battle Captain Budget Activity 1: Operating 750 Ft. Irwin, George AFB Program ...... 450 Forces: Airhead ...... 1,300 1900 Army Pilot Moderniza- 250 Readiness Training—NTC 850 USARPAC Reserve Compo- tion Program ...... 11,000 Rotation Shortfall ...... 30,000 nent Integration ...... 1,200 2000 Training Infrastructure 250 Parachute Maintenance 900 JCS Exercises and Head- Reduction ...... ¥5,000 and Repair ...... 2,000 2200 Recruiting-Enlisted Ad- quarters Reduction ...... ¥18,000 250 Contingency Operations vertising ...... 7,000 Transfer ...... ¥80,300 Budget Activity 2: Mobilization: 2200 Recruiter Support ...... 3,500 300 Hunter UAV ...... 12,000 1300 Industrial Preparedness- 2200 Recruiting-College Loan 300 Flying Hour Program ...... ¥30,000 Nominal Growth ...... ¥19,004 Repayment Program ...... 2,500 H7674 CONGRESSIONAL RECORD — HOUSE September 23, 1997 Budget Activity 4: Administra- 3815 Non-BRAC Caretaker Sta- ommend that the Army apply $30,000,000 of tion and Servicewide Activi- tus ...... ¥40,000 the total increase to this workload. ties: 3835 Capitol Memorial Events 400 ARMY LOGISTICS AUTOMATION 2400 Indiana University North- DEPOT MAINTENANCE west JROTC Mentoring Pro- The conferees recommend increasing the The House and Senate bills each addressed gram ...... 750 Army depot maintenance funding by separate shortfalls totaling $46,900,0900 in 2850 Army Logistics Automa- $143,200,000 above the budget request. In addi- Army Logistics Automation. The conferees tion ...... 20,000 tion, $16,000,000 is provided in budget activity agree to provide $20,000,000 in Operations and 2850 Central Logistics—SSTS, 4, Administration and Service-wide support Maintenance, Army and $10,000,000 in Other Depot Maintenance, SDT ...... 16,000 to provide for transportation and Procurement, Army (LOGTECH) to support 3000 Headquarters and Admin- warehousing costs associated with the in- both these critical efforts. istrative Activity Reduction 48,600 ¥ crease in the funded depot maintenance pro- AIR BATTLE CAPTAIN PROGRAM 3050 SBIS ...... 6,000 gram. The conferees remain concerned about The conferees concur with the funding pro- 3200 Army Conservation and backlogs in the repair and maintenance of vided for the continuation of the Air Battle Ecosystem Management ...... 3,000 communications and electronic equipment. Captain program, and direct that program 3200 Eisenhower Center ...... 2,000 Accordingly, $43,500,000 of the total depot 3200 Pentagon Reservation continue to accept new students. maintenance increase is allocated to the Transfer ...... 66,961 ¥ U.S. Army Communications-Electronics EISENHOWER CENTER 3350 Laser-Leveling ...... 1,000 Command Battlefield Communications Re- 3350 FEMP ...... ¥45,000 The conferees have provided $2,000,000 only 3400 Rock Island Arsenal view program, for performance at Army de- for the Eisenhower Center for military his- Bridge ...... 3,500 pots, of the following workloads: $21,000,000 tory and education efforts focusing on com- 3600 International Military for repair/maintenance of Mobile Subscriber bat leadership, motivation, endurance and Headquarters ...... ¥15,000 Equipment shelters, prime movers, and ac- including historical exhibits, equipment, and Undistributed: cessories or support equipment; $15,800,000 the collection, transcribing, and cataloging 3710 Classified Undistributed .. ¥6,895 for the repair/maintenance of Non-Integrated of oral histories and written memoirs of 3715 Civilian Personnel Under- Communications Secure and Integrated combat veterans strength ...... ¥96,400 Communications Secure SINCGARS radios 3730 Foreign Currency Fluc- and accessories or support equipment; and NORTH STAR BOROUGH LANDFILL tuation ...... ¥51,000 $6,700,000 for the repair, maintenance or Of the funds provided in this account, the 3770 High Risk Automation modification of the AN/TS–85 and AN/TSC–93 conferees direct the Department of the Army Systems ...... ¥25,000 Tactical Satellite Communications Termi- to provide $5,000,000 for developmental costs 3785 Real Property Mainte- nals, associated antenna systems, acces- associated with the expansion of the North nance ...... 98,812 sories or support equipment. Star Borough landfill. 3787 Revised Economic As- In addition, the conferees are concerned OPERATION AND MAINTENANCE, NAVY sumptions ...... ¥41,000 about the increasing backlog of depot main- 3790 TDY Expenses ...... ¥22,930 tenance workload associated with inventory The conference agreement on items ad- 3795 QDR—Civilian Personnel drawdowns in support of contingency oper- dressed by either the House or the Senate is Reductions ...... ¥70,000 ations. Accordingly, the conferees rec- as follows: [In thousands of dollars]

Budget House Senate Conference

4250 OPERATION AND MAINTENANCE, NAVY 4300 BUDGET ACTIVITY 1: OPERATING FORCES 4350 AIR OPERATIONS 4400 MISSION AND OTHER FLIGHT OPERATIONS ...... 2,101,423 2,423,423 2,035,663 2,357,663 4450 FLEET AIR TRAINING ...... 667,112 667,112 682,112 682,112 4500 INTERMEDIATE MAINTENANCE ...... 58,087 58,087 58,087 58,087 4550 AIR OPERATIONS AND SAFETY SUPPORT ...... 73,248 73,248 73,248 73,248 4600 AIRCRAFT DEPOT MAINTENANCE ...... 716,300 865,300 1,012,094 782,094 4650 AIRCRAFT DEPOT OPERATIONS SUPPORT ...... 21,575 21,575 21,.575 21,575 4700 BASE SUPPORT ...... 789,892 789,892 789,892 789,892 4750 MAINTENANCE OF REAL PROPERTY ...... 262,452 262,452 262,452 262,452 4760 JCS EXERCISES & HEADQUARTERS REDUCTION ...... ¥7,500 ¥9,000 4800 SHIP OPERATIONS 4850 MISSION AND OTHER SHIP OPERATIONS ...... 2,130,636 2,130,636 2,117,112 2,117,112 4900 SHIP OPERATIONAL SUPPORT AND TRAINING ...... 735,660 735,660 735,660 735,660 4950 INTERMEDIATE MAINTENANCE ...... 511,125 511,125 511,125 511,125 5000 SHIP DEPOT MAINTENANCE ...... 2,040,690 2,115,690 2,040,690 2,100,690 5050 SHIP DEPOT OPERATIONS SUPPORT ...... 786,021 786,021 785,817 785,817 5100 BASE SUPPORT ...... 840,646 840,646 840,646 840,646 5150 MAINTENANCE OF REAL PROPERTY ...... 245,904 245,904 245,904 245,904 5160 JCS EXERCISES & HEADQUARTERS REDUCTION ...... ¥7,500 ¥9,000 5200 COMBAT OPERATION/SUPPORT 5250 COMBAT COMMUNICATIONS ...... 210,776 210,776 210,776 210,776 5300 ELECTRONIC WARFARE ...... 7,763 7,763 7,763 7,763 5350 SPACE SYSTEMS AND SURVEILLANCE ...... 136,869 136,869 136,869 136,869 5400 WARFARE TACTICS ...... 125,892 125,892 125,892 125,892 5450 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY ...... 209,188 208,188 228,688 228,688 5500 COMBAT SUPPORT FORCES ...... 383,830 383,830 383,815 383,815 5550 EQUIPMENT MAINTENANCE ...... 177,708 178,208 176,906 177,406 5600 DEPOT OPERATIONS SUPPORT ...... 908 908 908 908 5650 BASE SUPPORT ...... 317,266 317,266 317,266 317,266 5700 MAINTENANCE OF REAL PROPERTY ...... 42,864 42,864 46,864 46,864 5710 CLASSIFIED PROGRAMS UNDISTRIBUTED ...... —— —— 5,500 —— 5750 WEAPONS SUPPORT 5800 CRUISE MISSILE ...... 92,462 92,482 92,482 92,482 5850 FLEET BALLISTIC MISSILE ...... 811,451 811,451 811,451 811,451 5900 IN-SERVICE WEAPONS SYSTEMS SUPPORT ...... 54,927 54,927 54,927 54,927 5950 WEAPONS MAINTENANCE ...... 400,817 422,717 400,817 414,817 6000 BASE SUPPORT ...... 71,540 71,540 71,540 71,540 6050 MAINTENANCE OF REAL ESTATE PROPERTY ...... 27,516 27,516 30,016 27,516 6200 TOTAL, BUDGET ACTIVITY 1 ...... 15,052,568 15,620,968 15,345,257 15,451,057

6250 BUDGET ACTIVITY 2: MOBILIZATION. 6300 READY RESERVE AND PREPOSITIONING FORCES 6350 SHIP PREPOSITIONING AND SURGE ...... 455,030 455,030 454,948 454,948 6400 ACTIVATIONS/INACTIVATIONS 6450 AIRCRAFT ACTIVATIONS/INACTIVATIONS ...... 3,081 3,081 3,081 3,081 6500 SHIP ACTIVATIONS/INACTIVATIONS ...... 701,583 701,583 701,583 701,583 6550 MOBILIZATION PREPAREDNESS. 6600 FLEET HOSPITAL PROGRAM ...... 19,814 19,814 19,814 19,814 6650 INDUSTRIAL READINESS ...... 29,196 703 29,196 15,196 6700 COAST GUARD SUPPORT ...... 18,363 18,363 18,363 18,363 6750 TOTAL, BUDGET ACTIVITY 2: ...... 1,227,067 1,198,574 1,226,985 1,212,985

6800 BUDGET ACTIVITY 3: TRAINING AND RECRUITING 6850 ACCESSION TRAINING 6900 OFFICER ACQUISITIONS ...... 69.274 67.874 69.274 67.874 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7675 [In thousands of dollars]

Budget House Senate Conference

6950 RECRUIT TRAINING ...... 4,646 4,646 4,646 4,646 7000 RESERVE OFFICIERS TRAINING CORPS (ROTC) ...... 67,795 67,795 67,695 67,795 7050 BASE SUPPORT ...... 57,605 57,605 57,605 57,605 7100 MAINTENANCE OF REAL PROPERTY ...... 74,215 42,715 74,215 74,215 7150 BASIC SKILLS AND ADVANCED TRAINING 7200 SPECIALIZED SKILL TRAINING ...... 236,487 236,487 218,487 216,987 7250 FLIGHT TRAINING ...... 314,790 314,790 314,790 314,790 7300 PROFESSIONAL DEVELOPMENT EDUCATION ...... 69,044 65,071 64,044 66,044 7350 TRAINING SUPPORT ...... 135,051 137,051 122,051 122,551 7400 BASE SUPPORT ...... 339,627 339,627 339,627 339,627 7450 MAINTENANCE OF REAL PROPERTY ...... 95,601 95,601 104,101 95,601 7500 RECRUITION AND OTHER TRAINING AND EDUCATION 7550 RECRUITING AND ADVERTISING ...... 122,454 129,454 122,454 125,454 7600 OFF-DUTY AND VOLUNTARY EDUCATION ...... 69,495 69,495 69,495 69,495 7650 CIVILIAN EDUCATION AND TRAINING ...... 29,198 28,176 29,198 29,198 7700 JUNIOR ROTC ...... 23,642 23,642 23,642 23,642 7750 BASE SUPPORT ...... 445 445 445 445 7800 MAINTENANCE OF REAL PROPERTY ...... 62 62 62 62 7850 TOTAL, BUDGET ACTIVITY 3 ...... 1,709,431 1,680,536 1,681,931 1,676,031 7900 BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES 7950 SERVICEWIDE SUPPORT 8000 ADMINISTRATION ...... 574,305 535,225 545,494 497,194 8050 EXTERNAL RELATIONS ...... 24,141 24,141 24,141 24,141 8100 CIVILIAN MANPOWER AND PERSON MANAGEMENT ...... 118,544 118,544 118,544 118,544 8150 MILITARY MANPOWER AND PERSON MANAGEMENT ...... 124,403 124,403 124,403 124,403 8200 OTHER PERSONNEL SUPPORT ...... 199,446 199,446 199,446 199,446 8250 SERVICEWIDE COMMUNICATIONS ...... 260,056 260,056 259,749 259,749 8300 BASE SUPPORT ...... 197,537 172,537 197,537 172,537 8400 MAINTENANCE OF REAL PROPERTY ...... 39,623 39,623 42,923 39,623 8450 LOGISTICS OPERATIONS AND TECHNICAL SUPPORT 8500 SERVICEWIDE TRANSPORTATION ...... 149,675 149,675 149,675 149,675 8550 PLANNING, ENGINEERING AND DESIGN ...... 258,779 258,779 258,779 258,779 8600 ACQUISITION AND PROGRAM MANAGEMENT ...... 491,003 495,003 491,003 493,003 8650 AIR SYSTEMS SUPPORT ...... 271,149 271,149 271,149 271,149 8700 HULL, MECHANICAL AND ELECTRICAL SUPPORT ...... 46,904 46,904 46,904 46,904 8750 COMBAT/WEAPONS SYSTEMS ...... 41,547 41,547 41,547 41,547 8800 SPACE AND ELECTRONIC WARFARE SYSTEMS ...... 70,344 70,344 70,344 70,344 8850 BASE SUPPORT ...... 152,606 152,606 152,606 152,606 8900 MAINTENANCE OF REAL PROPERTY ...... 20,470 20,470 20,470 20,470 8950 SECURITY PROGRAMS 9000 SECURITY PROGRAMS ...... 536,691 536,691 536,691 536,691 9050 BASE SUPPORT ...... 6,886 6,886 6,886 6,886 9100 MAINTENANCE OF REAL PROPERTY ...... 1,520 1,520 1,520 1,520 9150 SUPPORT OF OTHER NATIONS 9200 INTERNATIONAL HEADQUARTERS AND AGENCIES ...... 6,435 6,435 6,435 6,435 9350 TOTAL, BUDGET ACTIVITY 4 ...... 3,592,064 3,531,984 3,568,246 3,491,646

9360 CLASSIFIED PROGRAMS UNDISTRIBUTED ...... 1,902 ...... 4,902 9365 INFORMATION RESOURCE MANAGEMENT ...... ¥19,000 ...... ¥19,000 9370 GENERAL REDUCTION, NATIONAL DEFENSE STOCKPILE FUND ...... ¥50,000 ¥50,000 ¥50,000 ¥50,000 9380 FOREIGN CURRENCY FLUCTUATION/BUDGET AMEND ...... ¥23,000 ¥23,000 ¥21,000 ¥29,000 9390 CIVILIAN PERSONNEL UNDERSTRENGTH ...... ¥108,300 ¥113,000 ¥16,000 9415 ENVIRONMENTAL COMPLIANCE ...... 5,500 ...... 3,300 9417 ECONOMIC ASSUMPTIONS ...... ¥62,000 ¥62,000 9420 OTHER CONTRACTS ...... ¥29,719 ...... ¥29,719 9425 REAL PROPERTY MAINTENANCE ...... 98,540 ...... 14,924 9430 TDY EXPENSES ...... ¥12,060 ...... ¥15,060 9435 QDR CIVILIAN PERSONNEL REDUCTIONS ...... ¥34,960 ...... ¥17,000 9440 ASBESTOS ERADICATION ...... 2,000 ...... 9445 CONTINGENCY OPERATIONS TRANSFER—SWA ...... ¥84,900 ...... 9450 MAGIC LANTERN ...... 1,300 ...... 1,300

9750 TOTAL, OPERATION AND MAINTENANCE, NAVY ...... 21,508,130 21,779,365 21,576,419 21,617,766 9800 TRANSFER ...... (50,000) (50,000) (50,000) (50,000) 9850 TOTAL FUNDING AVAILABLE ...... (21,558,130) (21,829,365) (21,626,419) (21,667,766)

ADJUSTMENTS TO BUDGET ACTIVITIES 5550 Contingency Operations Budget Activity 4: Administra- Adjustments to the budget activities are as Transfer ...... ¥802 tion and Servicewide Activi- follows: 5950 Gun Weapon Overhaul and ties: 8000 Pentagon Reservation [In thousands of dollars] Support, Louisville ...... 12,000 Transfer ...... ¥28,811 Budget Activity 1: Operating 5950 Ship Self Defense System 8000 Headquarters and Admin- (SSDS) Equipment—Wallops Forces: istrative Activity Reduction ¥48,300 4400 Flying Hour Program Island ...... 2,000 8250 Contingency Operations Shortfalls ...... 322,000 Budget Activity 2: Mobilization: Transfer ...... ¥307 4400 Contingency Operations 6350 Contingency Operations 8300 FEMP ...... ¥25,000 Transfer ...... ¥65,760 Transfer ...... ¥82 8600 ATIS ...... 2,000 4450 PMRF ...... 15,000 Undistributed: 4600 Depot Maintenance— 6650 Industrial Preparedness— 9360 Classified Undistributed .. 4,902 Aviation Backlog ...... 70,000 Nominal Growth ...... ¥14,000 9365 DoD Software Program 4600 Contingency Operations Budget Activity 3: Training and Managers Network ...... 6,000 Transfer ...... ¥4,206 Recruiting: 9365 High Risk Automation 4760 JCS Exercises and Head- 6900 Service Academies—For- Systems ...... ¥25,000 quarters Reduction ...... ¥9,000 eign Students ...... ¥1,400 9380 Foreign Currency Fluc- 4850 Contingency Operations tuation ...... 6,000 7200 Training Infrastructure ¥ Transfer ...... ¥13,524 9390 Civilian Personnel Under- Reduction ...... ¥19,500 5000 Depot Maintenance—Un- strength ...... ¥16,600 funded Ship Availabilities ..... 60,000 7300 Naval Postgraduate 9415 Electrotechnologies ...... 3,300 5050 Contingency Operations School—Laboratory Improve- 9417 Revised Economic As- Transfer ...... ¥204 ments ...... 2,000 sumptions ...... ¥62,000 5160 JCS Exercises and Head- 7300 Training Infrastructure 9420 Other Contracts—Pro- quarters Reduction ...... ¥9,000 Reduction ...... ¥5,000 gram Growth ...... ¥29,719 5450 Naval Meteorology and 7350 CNET—Distance Learning 2,000 9425 Real Property Mainte- Oceanography Command ...... 19,500 nance ...... 14,924 5500 Contingency Operations 7350 Training Infrastructure 9430 TDY Expenses ...... ¥15,060 Transfer ...... ¥15 Reduction ...... ¥14,500 9435 QDR—Civilian Personnel 5550 Reverse Osmosis 7550 Recruiting and Advertis- Reductions ...... ¥17,000 Desalinators—Refurbishment 500 ing ...... 3,000 9450 Magic Lantern ...... 1,300 H7676 CONGRESSIONAL RECORD — HOUSE September 23, 1997

SHIP DEPOT MAINTENANCE years before the Navy can determine wheth- 1998 WORLD EXPOSITION The conferees agree to provide $2,100,690,000 er this new arrangement is in fact cost effec- The conferees understand that the Navy for ship depot maintenance, and delete the tive and should be made permanent or ex- has requested to participate as one of the language recommended by the Senate estab- panded to other locations. Therefore, the United States Government sponsors of the lishing a floor on ship depot maintenance conferees direct that the pilot program shall U.S. exhibit focused on ocean research and funding. The conferees’ recommendation will not be expanded until six months after the technology at the 1998 World Exposition in provide the fleet commanders flexibility in Navy reports to the Committees on Appro- Lisbon, Portugal. Should the Secretary of managing their operation and maintenance priations on its findings, and that such re- the Navy determine that Navy participation funds during the fiscal year, in recognition is beneficial to the interests of the service, port shall be made on or after April 1, 1999. that emergencies can lead to funding short- the conferees agree that adequate funds falls. However, the conferees strongly urge Further, the conferees direct that the Navy should be made available from the Operation the Navy leadership to ensure that all funds shall not make any changes to the workforce and maintenance account to assist in the provided for ship maintenance are used sole- in terms of total numbers of employees and creation and operation of the U.S. national ly for that purpose except in the most un- shall not change the name of the Navy activ- pavilion. Funds shall be used to exhibit de- usual of circumstances. ity involved or make any permanent changes fense capabilities in global oceanography The conferees understand that the Navy until this pilot study has been completed and and environmental security to include inter- will initiate a pilot program beginning on evaluated by the Congress. The conferees are action among NOAA and the appropriate en- October 1, 1997 to study whether combining tities of the Department of Defense. fleet intermediate facilities with Navy ship- hopeful that the study will lead to signifi- yards might yield economies of scale and cant improvements in Navy maintenance OPERATION AND MAINTENANCE, MARINE CORPS allow maintenance managers to better bal- functions and look forward to approving per- The conference agreement on items ad- ance workloads in the Navy shipyards. The manent changes throughout the Navy begin- dressed by either the House or the Senate is conferees believe it will take at least two ning in fiscal year 2000. as follows: [In thousands of dollars]

Budget House Senate Conference

9900 OPERATION AND MAINTENANCE, MARINE CORPS 9950 BUDGET ACTIVITY 1: OPERATING FORCES 10000 EXPEDITIONARY FORCES 10050 OPERATIONAL FORCES ...... 345,077 404,577 364,077 378,077 10100 FIELD LOGISTICS ...... 183,660 183,660 183,660 183,660 10150 DEPOT MAINTENANCE ...... 121,339 146,339 121,339 133,339 10200 BASE SUPPORT ...... 639,495 674,895 639,495 653,995 10250 MAINTENANCE OF REAL PROPERTY ...... 263,593 263,593 286,193 263,593 10255 JCS EXERCISES & HEADQUARTERS REDUCTION ...... ¥5,000 ¥8,000 10300 USMC PREPOSITIONING 10350 MARITIME PREPOSITIONING ...... 77,380 77,380 77,380 77,380 10400 NORWAY PREPOSITIONING ...... 3,603 3,603 3,603 3,603 10450 TOTAL, BUDGET ACTIVITY 1 ...... 1,634,147 1,754,047 1,670,747 1,685,647

[In thousands of dollars]

Budget House Senate Conference

10500 BUDGET ACTIVITY 3: TRAINING AND RECRUITING 10550 ACCESSION TRAINING 10600 RECRUIT TRAINING ...... 9,098 9,098 9,098 9,098 10650 OFFICER ACQUISITION ...... 282 282 282 282 10700 BASE SUPPORT ...... 51,266 61,266 51,266 58,766 10750 MAINTENANCE OF REAL PROPERTY ...... 18,115 18,115 19,715 18,115 10800 BASIC SKILLS AND ADVANCED TRAINING 10850 SPECIALIZED SKILLS TRAINING ...... 28,647 28,647 33,147 28,647 10900 FLIGHT TRAINING ...... 156 156 156 156 10950 PROFESSIONAL DEVELOPMENT EDUCATION ...... 5,803 5,803 5,803 5,803 11000 TRAINING SUPPORT ...... 78,749 78,749 77,649 75,649 11050 BASE SUPPORT ...... 54,557 64,557 54,557 62,057 11100 MAINTENANCE OF REAL PROPERTY ...... 25,051 25,051 27,251 25,051 11150 RECRUITING AND OTHER TRAINING EDUCATION 11200 RECRUITING AND ADVERTISING ...... 74,442 78,842 74,442 78,742 11250 OFF-DUTY AND VOLUNTARY EDUCATION ...... 15,063 15,063 15,063 15,063 11300 JUNIOR ROTC ...... 9,006 9,006 9,006 9,006 11350 BASE SUPPORT ...... 8,100 8,100 8,100 8,100 11400 MAINTENANCE OF REAL PROPERTY ...... 2,447 2,447 2,747 2,447 11450 TOTAL, BUDGET ACTIVITY 3 ...... 380,782 405,182 388,282 396,982

[In thousands of dollars]

Budget House Senate Conference

11500 BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES 11550 SERVICEWIDE SUPPORT 11650 SPECIAL SUPPORT ...... 219,312 219,312 207,102 207,102 11700 SERVICEWIDE TRANSPORTATION ...... 30,617 30,617 30,617 30,617 11750 ADMINISTRATION ...... 26,105 26,105 26,105 26,105 11800 BASE SUPPORT ...... 12,370 12,370 12,370 9,870 11850 MAINTENANCE OF REAL PROPERTY ...... 2,012 2,102 2,312 2,012 11900 TOTAL, BUDGET ACTIVITY 4 ...... 290,416 290,416 278,506 275,706

11915 FOREIGN CURRENCY FLUCTUATION/BUDGET AMEND ...... ¥4,000 ¥4,000 ¥2,000 ¥4,000 11935 REAL PROPERTY MAINTENANCE ...... 154,100 ...... 30,500 11937 ECONOMIC ASSUMPTIONS ...... ¥7,000 ¥7,000 11940 QDR CIVILIAN PERSONNEL REDUCTIONS ...... ¥1,713 ...... ¥1,000 11960 CIVILIAN PERSONNEL UNDEREXECUTION ...... ¥1,200 11965 TDY EXPENSES ...... ¥3,000

12300 TOTAL, OPERATION AND MAINTENANCE, MARINE CORPS ...... 2,301,345 2,598,032 2,328,535 2,372,635

ADJUSTMENTS TO BUDGET ACTIVITIES 10050 Initial Issue (Clothing/ Budget Activity 3: Training and Body Armor/Bivouac gear) .... 8,000 Recruiting: Adjustments to the budget activities are as follows: 10150 Depot Maintenance 10700 Base Support ...... 7,500 Backlog Reduction ...... 12,000 [In thousands of dollars] 11000 Training Infrastructure 10200 Base Support ...... 7,500 Reduction ...... ¥3,100 Budget Activity 1: Operating Forces: 10200 Personnel Support 11050 Base Support ...... 7,500 10050 Readiness Training—Op- Equipment ...... 7,000 erating Forces Training Sup- 10255 JCS Exercises and Head- 11200 Recruiting and Advertis- ing ...... 4,300 port ...... 25,000 quarters Reduction ...... ¥8,000 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7677 Budget Activity 4: Administra- Undistributed: 11960 Civilian Personnel Un- tion and Servicewide Activi- 11935 Real Property Mainte- derstrength ...... ¥1,200 ties: nance ...... 30,500 11965 TDY Expenses ...... ¥3,000 11650 Pentagon Reservation 11937 Revised Economic As- OPERATION AND MAINTENANCE, AIR FORCE Transfer ...... ¥12,210 sumptions ...... ¥7,000 The conference agreement on items ad- 11800 Base Support ...... 7,500 11940 QDR—Civilian Personnel dressed by either the House or the Senate is 11800 FEMP ...... ¥10,000 Reductions ...... ¥1,000 as follows: [In thousands of dollars]

Budget House Senate Conference

12450 OPERATION AND MAINTENANCE, AIR FORCE 12500 BUDGET ACTIVITY 1: OPERATING FORCES 12550 AIR OPERATIONS: 12600 PRIMARY COMBAT FORCES ...... 2,719,301 3,020,301 2,571,801 2,572,801 12650 PRIMARY COMBAT WEAPONS ...... 457,939 457,939 457,939 457,939 12700 COMBAT ENHANCEMENT FORCES ...... 253,099 253,099 256,199 256,199 12750 AIR OPERATIONS TRAINING ...... 617,828 617,828 617,828 617,828 12800 COMBAT COMMUNICATIONS ...... 981,936 981,936 981,936 981,936 12850 BASE SUPPORT ...... 1,758,461 1,786,261 1,758,461 1,770,561 12900 MAINTENANCE OF REAL PROPERTY ...... 576,409 576,409 626,009 576,409 12905 JCS EXERCISES & HEADQUARTERS REDUCTION ...... ¥15,000 ¥18,000 12907 CLASSIFIED PROGRAMS UNDISTRIBUTED ...... 800 ...... 12950 COMBAT RELATED OPERATIONS: 13000 5GLOBAL C3I AND EARLY WARNING ...... 712,916 712,916 712,916 712,916 13050 NAVIGATION/WEATHER SUPPORT ...... 131,608 131,608 131,608 131,608 13100 OTHER COMBAT OPS SUPPORT PROGRAMS ...... 205,449 208,249 205,449 207,249 13150 JCS EXERCISES ...... 45,306 45,306 45,306 45,306 13200 MANAGEMENT/OPERATIONAL HEADQUARTERS ...... 113,400 113,400 113,400 113,400 13250 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES ...... 231,411 234,411 231,411 232,911 13300 SPACE OPERATIONS 13350 LAUNCH FACILITIES ...... 226,956 226,956 226,956 226,956 13400 LAUNCH VEHICLES ...... 103,576 103,576 103,576 103,576 13450 SPACE CONTROL SYSTEMS ...... 283,597 283,597 284,997 284,997 13500 SATELLITE SYSTEMS ...... 42,235 42,235 42,235 42,235 13550 OTHER SPACE OPERATIONS ...... 82,972 82,972 82,972 82,972 13600 BASE SUPPORT ...... 310,370 310,370 310,370 310,370 13650 MAINT OF REAL PROPERTY ...... 119,869 119,869 130,269 119,869 13700 TOTAL, BUDGET ACTIVITY 1 ...... 9,974,638 10,309,238 9,877,438 9,830,038

13750 BUDGET ACTIVITY 2: MOBILIZATION 13800 MOBILITY OPERATIONS: 13850 AIRLIFT OPERATIONS ...... 1,793,506 1,848,106 1,853,506 1,908,106 13900 AIRLIFT OPERATIONS C31 ...... 16,267 16,267 16,267 16,267 13950 MOBILIZATION PREPAREDNESS ...... 145,868 140,763 145,868 140,763 14000 PAYMENTS TO TRANSPORTATION BUSINESS AREA ...... 514,000 514,000 514,000 514,000 14050 BASE SUPPORT ...... 427,865 427,865 427,865 427,865 14100 MAINTENANCE OF REAL PROPERTY ...... 151,842 151,842 165,842 151,842 14150 TOTAL, BUDGET ACTIVITY 2 ...... 3,049,348 3,098,843 3,122,848 3,158,843

14200 BUDGET ACTIVITY 3: TRAINING AND RECRUITING 14250 ACCESSION TRAINING: 14300 OFFICER ACQUISITION ...... 51,605 50,205 51,605 50,205 14350 RECRUIT TRAINING ...... 3,971 3,971 3,971 3,971 14400 RESERVE OFFICER TRAINING CORPS (ROTC) ...... 47,611 47,611 47,611 47,611 14450 BASE SUPPORT (ACADEMIES ONLY) ...... 57,262 57,262 57,262 57,262 14500 MAINTENANCE OF REAL PROPERTY (ACADEMIES ONLY) ...... 50,662 50,662 50,662 50,662 14550 BASIC SKILLS AND ADVANCED TRAINING: 14600 SPECIALIZED SKILL TRAINING ...... 196,980 196,980 176,980 175,980 14650 FLIGHT TRAINING ...... 394,075 394,075 394,075 394,075 14700 PROFESSIONAL DEVELOPMENT EDUCATION ...... 88,682 68,216 76,682 75,682 14750 TRAINING SUPPORT ...... 63,296 63,296 51,296 50,296 14800 BASE SUPPORT (OTHER TRAINING) ...... 370,436 370,436 370,436 370,436 14850 MAINTENANCE OF REAL PROPERTY (OTHER TRAINING) ...... 87,072 87,072 96,372 87,072 14900 RECRUITING, AND OTHER TRAINING AND EDUCATION: 14950 RECRUITING AND ADVERTISING ...... 55,039 59,539 55,039 57,239 15000 EXAMINING ...... 2,212 2,212 2,212 2,212 15050 OFF DUTY AND VOLUNTARY EDUCATION ...... 85,609 85,609 85,609 85,609 15100 CIVILIAN EDUCATION AND TRAINING ...... 67,183 64,832 67,183 67,183 15150 JUNIOR ROTC ...... 26,052 26,052 26,052 26,052 15200 TOTAL, BUDGET ACTIVITY 3 ...... 1,647,747 1,628,030 1,613,047 1,601,547

. 15250 BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES 15300 LOGISTICS OPERATIONS: 15350 LOGISTICS OPERATIONS ...... 788,680 788,680 788,680 788,680 15400 TECHNICAL SUPPORT ACTIVITIES ...... 390,267 390,267 390,267 390,267 15450 SERVICEWIDE TRANSPORTATION ...... 236,372 236,372 236,372 236,372 15500 BASE SUPPORT ...... 753,449 720,449 753,449 720,449 15550 MAINTENANCE OF REAL PROPERTY ...... 194,617 194,617 213,217 194,617 15600 SERVICEWIDE ACTIVITIES: 15650 ADMINISTRATION ...... 126,642 75,480 126,642 73,942 15700 SERVICEWIDE COMMUNICATIONS ...... 297,316 297,316 300,016 297,316 15750 PERSONNEL PROGRAMS ...... 100,343 100,343 100,343 100,343 15800 RESCURE AND RECOVERY SERVICES ...... 55,881 55,881 55,881 55,881 15900 ARMS CONTROL ...... 29,565 29,565 29,565 29,565 15950 OTHER SERVICEWIDE ACTIVITIES ...... 524,545 525,045 494,945 495,445 16000 OTHER PERSONNEL SUPPORT ...... 33,623 33,623 33,623 33,623 16050 CIVIL AIR PATROL CORPORATION ...... 17,927 18,727 22,327 21,527 16100 BASE SUPPORT ...... 155,791 155,791 155,791 155,791 16150 MAINTENANCE OF REAL PROPERTY ...... 10,728 10,728 12,828 10,728 16200 SECURITY PROGRAMS: 16250 SECURITY PROGRAMS ...... 510,046 510,046 482,846 510,046 16300 SUPPORT TO OTHER NATIONS: 16350 INTERNATIONAL SUPPORT ...... 13,260 13,260 13,260 13,260 16400 TOTAL, BUDGET ACTIVITY 4 ...... 4,239,052 4,161,190 4,210,052 4,127,852

16410 CLASSIFIED PROGRAMS UNDISTRIBUTED ...... 13,900 ...... 4,000 16415 CIVILIAN PERSONNEL UNDERSTRENGTH ...... ¥70,000 ¥82,000 ¥7,700 16420 GENERAL REDUCTION, NATIONAL DEFENSE STOCKPILE FUND ...... ¥50,000 ¥50,000 ¥50,000 ¥50,000 16430 FOREIGN CURRENCY FLUCTUATION/BUDGET AMEND ...... ¥43,000 ¥53,000 ¥53,000 ¥67,000 16475 INFORMATION RESOURCE MANAGEMENT ...... ¥16,000 ...... ¥16,000 16487 ECONOMIC ASSUMPTIONS ...... ¥46,000 ¥46,000 16490 OTHER CONTRACTS ...... ¥93,981 ...... ¥93,981 16495 CHEMICAL/BIOLOGICAL DEFENSE—PACOM ...... 10,000 ...... 10,000 16500 CONTINGENCY OPERATION TRANSFER—SWA ...... ¥459,900 ...... 16505 REAL PROPERTY MAINTENANCE ...... 358,200 ...... 100,384 16510 TDY EXPENSES ...... ¥20,000 ...... ¥23,000 16515 QDR—CIVILIAN PERSONNEL REDUCTIONS ...... ¥76,253 ...... ¥36,000 H7678 CONGRESSIONAL RECORD — HOUSE September 23, 1997 [In thousands of dollars]

Budget House Senate Conference

16800 TOTAL, O&M, AIR FORCE ...... 18,817,785 18,740,167 18,592,385 18,492,883 16850 TRANSFER ...... (50,000) (50,000) (50,000) (50,000) 16900 TOTAL FUNDING AVAILABLE ...... (18,867,785) (18,790,167) (18,642,385) (18,542,883)

ADJUSTMENTS TO BUDGET ACTIVITIES Budget Activity 4: Administra- Military personnel ...... 4,500,000 Adjustments to the budget activities are as tion and Sevicewide Activi- The conferees direct that this funding be follows: ties: used to operate and maintain the current 15500 FEMP ...... ¥33,000 [In thousands of dollars] force structure of 94 B–52s and to continue 15650 HEADQUARTERS AND standard maintenance and upgrades on the Budget Activity 1: Operating ADMINISTRATIVE ACTIV- attrition reserve aircraft. For the purposes Forces: ITY REDUCTION ...... ¥52,700 of this procurement funding, the conferees 12600 Flying Hour Program 15950 CAMP ...... 500 Shortfalls (AVDLR Shortfall) 240,000 15950 Pentagon Reservation direct the Air Force to treat all 94 B–52s now in the force structure as planes to be re- 12600 B–52 Attrition Reserve ... 42,400 Transfer ...... ¥29,600 12600 SR–71 ...... 30,000 16050 Civil Air Patrol— tained for the six-year period beginning Oc- 12600 Battle Labs ...... 1,000 Counterdrug Activities ...... 2,800 tober 1, 1997. 12600 Contingency Operations 16050 Civil Air Patrol Corpora- WILLIAM LEHMAN AVIATION CENTER Transfer ...... ¥459,900 tion ...... 800 12700 NBC Defense Program .... 3,100 Undistributed: The William Lehman Aviation Center at 12850 Force Protection-Base 16410 Classified Undistributed 4,000 Florida Memorial College—a Historically Physical Security ...... 12,100 16415 Civilian Personnel Under Black College located in Miami, Florida—is 12905 JCS Exercises and Head- Strength ...... ¥7,700 well positioned to assist in the recruitment quarters Reduction ...... ¥18,000 16430 Foreign Currency Fluc- and training of minorities in military avia- 13100 SIMVAL ...... 1,800 tuation ...... ¥24,000 tion. The conferees urge the Department of 13250 JFACC Situational 16475 REMIS ...... ¥8,900 the Air Force to work closely with the Col- Awareness System (JSAS) ..... 1,500 16475 High Risk Automation lege in fully utilizing and developing FMC’s 13450 Spacetrack ...... 1,400 Systems ...... ¥25,000 faculty, equipment, facilities and expertise. Budget Activity 2: Mobilization: 16487 Revised Economic As- ENVIRONMENTAL QUALITY RESPONSIBILITIES 13850 Flying Hour Program sumptions ...... ¥46,000 Shortfalls (AVDLR Shortfall) 60,000 16490 Other Contracts—Pro- The conferees are concerned of potentially 13850 Depot Maintenance–KC– gram Growth ...... ¥93,981 duplicative activities undertaken by the Air 135 DPEM ...... 54,600 16495 Chemical/Biological De- Force Center for Environmental Excellence 13950 Industrial Preparedness- fense—PACOM ...... 10,000 (AFCEE) and other Departmental environ- Nominal Growth ...... ¥5,105 16505 Real Property Mainte- mental centers. The conferees direct that the Budget Activity 3: Training and nance ...... 100,384 Air Force review this situation and take Recruiting: 16510 TDY Expenses ...... ¥23,000 prompt action to ensure that the mission 14300 Service Academies-For- 16515 QDR—Civilian Personnel and responsibilities of the AFCEE fully con- eign Students ...... ¥1,400 Reductions ...... ¥36,000 form to the commitments made by the Air 14600 Training Infrastructure Force when this center was first established B–52S Reduction ...... ¥21,000 and that its activities are focused on the 14700 Training Infrastructure The conferees provide a total of $57,300,000 mission for which it was established. Reduction ...... ¥13,000 to fund attrition reserve B–52 aircraft: OPERATION AND MAINTENANCE, DEFENSE-WIDE 14750 Training Infrastructure Operation and mainte- Reduction ...... ¥13,000 nance ...... $42,400,000 The conference agreement on items ad- 14950 Recruiting and Advertis- Aircraft procurement; dressed by either the House or the Senate is ing ...... 2,200 mods ...... 10,400,000 as follows: [In thousands of dollars]

Budget House Senate Conference

16950 OPERATION AND MAINTENANCE, DEFENSE-WIDE 17000 BUDGET ACTIVITY 1: OPERATING FORCES 17050 JOINT CHIEFS OF STAFF ...... 541,169 491,169 454,007 452,007 17100 SPECIAL OPERATIONS COMMAND ...... 1,085,927 1,129,027 ...... 1,119,327 17150 TOTAL, BUDGET ACTIVITY 1 ...... 1,627,096 1,620,196 454,007 1,571,334

17200 BUDGET ACTIVITY 2: MOBILIZATION 17250 DEFENSE LOGISTICS AGENCY ...... 27,260 27,260 27,260 27,260 17350 BUDGET ACTIVITY 3: TRAINING AND RECRUITING 17400 DEFENSE ACQUISITION UNIVERSITY ...... 99,964 96,064 94,964 94,964 17450 AMERICAN FORCES INFORMATION SERVICE ...... 11,586 11,586 11,586 11,586 17500 DEFENSE HUMAN RESOURCES FIELD ACTIVITY ...... 14,200 14,200 14,200 14,200 17550 DEFENSE SPECIAL WEAPONS AGENCY ...... 475 475 475 475 17600 SPECIAL OPERATIONS COMMAND ...... 37,930 37,930 37,930 37,930 17650 TOTAL, BUDGET ACTIVITY 3 ...... 164,155 160,255 159,155 159,155

17700 BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES 17750 AMERICAN FORCES INFORMATION SERVICE ...... 94,956 94,956 94,956 94,956 17800 CLASSIFIED AND INTELLIGENCE ...... 3,490,397 3,392,136 3,461,797 3,450,966 17900 DEFENSE CONTRACT AUDIT AGENCY ...... 329,264 326,764 329,264 326,764 17950 DEFENSE FINANCE AND ACCOUNTING SERVICE ...... 91,654 ...... 91,654 70,654 18000 DEFENSE HUMAN RESOURCES FIELD ACTIVITY ...... 124,735 122,735 124,735 122,735 18050 DEFENSE INFORMATION SYSTEMS AGENCY ...... 725,858 717,658 690,258 689,058 18100 DEFENSE INVESTIGATIVE SERVICE ...... 186,661 186,661 186,661 186,661 18150 DEFENSE LEGAL SERVICES AGENCY ...... 8,839 8,839 8,087 8,087 18200 DEFENSE LOGISTICS AGENCY ...... 1,086,443 1,138,043 1,099,443 1,126,043 18300 DEFENSE POW/MIA OFFICE ...... 14,195 14,195 14,195 14,195 18350 DEFENSE SPECIAL WEAPONS AGENCY ...... 87,837 87,837 87,837 87,837 18400 DEFEBSE SUPPORT ACTIVITIES ...... 69,270 69,270 69,270 69,270 18450 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION ...... 10,545 10,545 10,545 10,545 18500 DEPARTMENT OF DEFENSE DEPENDENTS EDUCATION ...... 1,321,196 1,325,196 1,321,496 1,332,496 18550 FEDERAL ENERGY MANAGEMENT PROGRAM ...... 15,000 ...... 15,000 18600 JOINT CHIEFS OF STAFF ...... 128,561 126,561 113,661 117,561 18650 OFFICE OF ECONOMIC ADJUSTMENT ...... 40217 49,217 40,217 114,217 18700 OFFICE OF THE SECRETARY OF DEFENSE ...... 406,894 343,127 399,056 316,489 18755 CIVIL-MILITARY PROGRAMS ...... 72,000 72,000 18800 ON SITE INSPECTION AGENCY ...... 109,226 98,026 95,626 95,626 18850 SPECIAL OPERATIONS COMMAND ...... 45,532 45,532 45,532 45,532 18900 WASHINGTON HEADQUARTERS SERVICE ...... 213,147 198,847 213,147 210,147 18905 CANADIAN CLEANUP ...... ¥10,400 ...... 18920 REPAIRS TO FEDERALLY-FUNDED SCHOOLS ...... 10,000 10,000 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7679 [In thousands of dollars]

Budget House Senate Conference

18950 TOTAL, BUDGET ACTIVITY 4 ...... 8,585,427 8,371,145 8,569,037 8,586,839

18951 BUDGET ACTIVITY 5: SPECIAL OPERATIONS 18952 SPECIAL OPERATIONS COMMAND ...... 1,123,527 ...... 18960 LEGACY ...... 10,000 10,000 18965 PENTAGON RENOVATION TRANSFERS ...... 137,652 137,652 18970 CIVILIAN PERSONNEL UNDERSTRENGTH ...... ¥33,900 ¥42,000 ¥8,000 18975 FOREIGN CURRENCY FLUCTUATION/BUDGET AMEND ...... ¥13,000 ¥13,000 ¥10,000 ¥16,000 18980 MPACT AID ...... 35,000 ...... 18982 ECONOMIC ASSUMPTIONS ...... ¥29,000 ¥29,000 19010 INFORMATION RESOURCE MANAGEMENT ...... ¥15,000 ...... ¥15,000 19030 PENTAGON RENOVATION SWING SPACE ...... ¥9,500 ...... ¥9,500 19045 DEFENSE AUTOMATED PRINTING SERVICE ...... ¥15,000 ...... ¥8,000 19065 CENTER FOR THE STUDY OF THE CHINESE MILITARY ...... 5,000 ...... 19085 CONTINGENCY OPERATIONS TRANSFER—SWA ...... ¥9,500 ...... 19090 QDR—6% REDUCTION ...... ¥72,000 ...... ¥37,000 19095 QDR—RESTRUCTURING RESERVE ...... 18,000 ...... 19100 GENERAL REDUCTION ...... ¥15,000 ......

19350 TOTAL, OPERATION AND MAINTENANCE, DEFENSE-WIDE ...... 10,390,938 10,053,956 10,399,638 10,369,740

ADJUSTMENTS TO BUDGET ACTIVITIES 18650 Industrial Modernization 50,000 in the Defense Working Capital Fund Adjustments to the budget activities are as 18650 Ford Ord Defense Con- (DWCF). Of these the conferees believe that follows: version Center ...... 7,500 $36,000,000, as identified in House Report 105– 18650 San Diego Conversion 206, should have stayed within the DWCF and [In thousands of dollars] Center ...... 7,500 directs DLA to budget for these expenses Budget Activity 1: Operating 18700 OSD—Partnership for within the DWCF in the future. Forces: Peace Transfer ...... 44,162 NATIONAL IMAGERY AND MAPPING AGENCY 17050 JCS Exercises ...... ¥50,000 18700 OSD—Military Personnel 17050 Partnership for Peace .... ¥44,162 The conferees agree to delete House lan- Information System ...... 5,000 guage, but expect the National Imagery and 17050 Exercise Northern Edge 5,000 18700 OSD—First Responder 17100 SOCOM—Readiness Mapping Agency (NIMA) to abide by its com- Training ...... 1,300 mitment and recent Policy Directive 8600R1 OPTEMPO ...... 28,530 18700 OSD—C3I Mission and that a qualifications based selection (QBS) 17100 SOCOM—CP/WMD ...... 11,270 Analysis Fund ...... 5,000 ¥ process for mapping, charting and geodesy 17100 SOCOM—GORTEX/ 18700 OSD—Funding Transfer ¥17,000 NOMEX Flight Suits ...... 3,300 18700 OSD—Administrative service contracts will be used and that NIMA will seek a revision to the Federal Acquisi- 17100 Contingency Operations Savings ...... ¥20,000 Transfer—SOCOM/SWA ...... ¥3,200 18700 OSD—Civil Military Pro- tion Regulations to this effect. 17100 SOCOM—JCS Exercises .. ¥6,500 grams Transfer ...... ¥40,000 NEW PARENT SUPPORT PROGRAM Budget Activity 3: Training and 18700 OSD—Civil Military Pro- The conferees agree that the New Parent Recruiting: grams ...... ¥58,867 Support Program complements and works in 17400 DAU—Continuing Acqui- 18755 Civil Military Programs 72,000 concert with all programs associated with vi- sition Education ...... ¥5,000 18800 OSIA—Treaty Require- olence prevention, child development and Budget Activity 4: Administra- ments ...... ¥10,000 family advocacy. In recent years, funds have tion and Servicewide Activi- 18800 OSIA—Transfer to Con- been provided for expansion of this program ties: tingency Operations ...... ¥3,600 within all the Services. The conferees en- 17800 Contingency Operations 18900 WHS—TDY and Adminis- courage the Department to continue funding Transfer ...... 2,700 ¥ trative Expenses ...... ¥3,000 this program at current levels during fiscal 17800 Classified and Intel- 18920 Repairs to Federally year 1998, and to budget sufficient resources ligence ...... 36,731 ¥ Funded Schools ...... 10,000 in future budget submissions. 17900 DCAA—Within Grade In- Undistributed: INDUSTRIAL MODERNIZATION creases ...... ¥2,500 18960 Legacy ...... 10,000 17950 DFAS—Executive and 18965 Pentagon Reservation The conference report includes $50,000,000 Professional Training ...... ¥4,500 Transfer ...... 137,652 only for projects or programs to assist in the 17950 DFAS—Property Ac- 18970 Civilian Personnel Un- commercial reutilization and modernization countability System ...... ¥16,500 derstrength ...... ¥8,000 of government industrial complexes no 18000 DHRFA—Operations ...... ¥2,000 18975 Foreign Currency Fluc- longer in service. The conferees direct that 18050 DISA—White House tuation ...... ¥3,000 such funds be used to support no more than Communications Agency ...... ¥8,200 18982 Revised Economic As- 10 percent of the total project cost, and be 18050 DISA—Contingency Op- sumptions ...... ¥29,000 committed only for projects that are deter- erations Transfer ...... ¥28,600 19010 High Risk Automation mined by the Secretary (1) to be financially 18150 Defense Legal Services Systems ...... ¥15,000 self-sustaining over the long-term, and (2) to Agency ...... ¥752 19030 Pentagon Renovation enhance the national defense. The conferees 18200 DLA—Security Locks .... 25,000 Fund—Swing Space Costs ...... ¥9,500 intend that these funds be used for grants for 18200 DLA—Automated Docu- 19045 Defense Automated operational transition, planning, and train- ment Conversion ...... 20,000 Printing Service ...... ¥8,000 ing costs. 18200 DLA—Procurement 19090 QDR Defense Agency Re- RESERVE PEACETIME SUPPORT TO ACTIVE DUTY Technical Assist. Program .... 17,000 ductions ...... ¥37,000 AND CIVILIAN ACTIVITIES 18200 DLA—DPSC Demolition 10,000 DEFENSE FINANCE AND ACCOUNTING SERVICE The conferees agree to provide $10,000,000 18200 DLA—Cargo Methods for Reserve peacetime support to active duty and Technologies ...... 3,000 The Department requested $91,654,000 for and civilian activities. The conferees direct 18200 DLA—Blankets ...... ¥2,400 activities that the conferees believe are 18200 DLA—Housing Improve- more properly funded through the Defense the Department of Defense to report to the Committees on Appropriations on how the ment Fund Management ...... ¥7,000 Working Capital Fund. The conferees there- fiscal year 1997 funding was allocated by the- 18200 DLA—DWCF Transfer .... ¥26,000 fore agree to a reduction of $21,000,000 and di- 18500 DoDDS—Guam Schools .. 18,000 rect DFAS to budget for these activities ater, activities or exercises supported by this 18500 DoDDS—Family Coun- within the Defense Working Capital Fund in program, and the number of reservists by seling and Crisis Services ...... 3,000 future budget submissions. service who participated under this initia- tive. This report is to be provided not later 18500 DoDDS—Math Teacher DEFENSE HUMAN RESOURCES FIELD ACTIVITY than January 15, 1998. Leadership Development The conferees agree to provide $138,935,000 CIVIL MILITARY PROGRAMS Project ...... 300 for the Defense Human Resources Field Ac- 18500 DoDDS—Unobligated tivity, a reduction of $2,000,000 from the The conferees recommend a total of Balances ...... 10,000 ¥ President’s Budget. The conferees direct that $72,000,000 for civil/military programs for fis- 18550 Federal Energy Manage- none of this reduction be taken against the cal year 1998 as follows: ment Program ...... 15,000 Department’s very successful efforts with [In thousands of dollars] 18600 JCS—Travel and Admin- Operation Mongoose. Youth Challenge program ...... 48,000 istrative Costs ...... ¥11,000 Innovative Readiness Training .... 20,000 18650 Monterey Institute DEFENSE LOGISTICS AGENCY Starbase youth program ...... 4,000 Counter-Proliferation Analy- The Defense Logistics Agency (DLA) budg- sis ...... 9,000 et included $42,900,000 for expenses that were Total ...... 72,000 H7680 CONGRESSIONAL RECORD — HOUSE September 23, 1997

ON-SITE INSPECTION AGENCY these savings. The conferees therefore direct JOB PLACEMENT PROGRAM the Department to provide a detailed report, The conferees have agreed to reduce fund- The Conferees direct the Department of no later than January 1, 1998, of what sav- ing for the On-Site Inspection Agency. If ad- Defense to provide at least $6,000,000 from ings it expects to result from implementing ditional funds prove necessary to meet emer- within available funds for the implementa- this program in Travel Region 6, where those gent requirements stemming from valid tion of a combined job placement and com- savings will come from and how DoD intends treaty obligations, the conferees expect the munity outreach services program. This pro- to capture those savings in its future budget Department of Defense to submit a re- gram should market and coordinate involve- requests. The conferees also direct the De- programming request subject to normal, ment of existing qualified service providers partment to provide a similar report with re- prior approval reprogramming procedures. through the Job Training Partnership Act, spect to full implementation prior to ex- TRAVEL REENGINEERING facilitate municipal offering of community panding this program beyond Travel Region The Department of Defense report on Trav- outreach services and provide data for the 6. el Reengineering states that the Department evaluation of federal job placement pro- spends approximately $3,000,000,000 annually LEGACY grams. This program should be implemented on temporary duty travel. Of this amount, 15 Of the funds appropriated for the Legacy in communities where military bases have to 30 percent is for management overhead program, the Committee directs that $100,000 undergone downsizing. costs. The Department believes that, be utilized to develop a management plan, in OPERATION AND MAINTENANCE, ARMY through reengineering, they can reduce these cooperation with the appropriate state and RESERVE costs by more than half, a savings of over local entities, to preserve and protect the $300,000,000 per year. The conferees are sup- Revolutionary War gunboat that was re- The conference agreement on items ad- portive of these goals, but remain concerned cently discovered on the bottom of Lake dressed by either the House or the Senate is about how DoD will identify and capture Champlain. as follows: [In thousands of dollars]

Budget House Senate Conference

19500 OPERATION AND MAINTENANCE, ARMY RESERVE 19550 BUDGET ACTIVITY 1: OPERATING FORCES 19600 MISSION OPERATIONS 19650 BASE SUPPORT ...... 309,446 309,446 309,446 309,446 19700 MAINTENANCE OF REAL PROPERTY ...... 85,255 90,255 85,255 90,255 19750 DEPOT MAINTENANCE ...... 41,366 41,366 41,366 41,366 19850 TRAINING OPERATIONS ...... 620,827 630,827 640,827 630,827 19900 TOTAL, BUDGET ACTIVITY 1 ...... 1,056,894 1,071,894 1,076,894 1,071,894

19950 BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES. 20000 ADMINISTRATION AND SERVICEWIDE ACTIVITIES. 20050 INFORMATION MANAGEMENT ...... 20,033 20,033 20,033 20,033 20100 PUBLIC AFFAIRS ...... 489 489 489 489 20150 PERSONNEL ADMINISTRATION ...... 50,196 50,196 50,196 50,196 20200 STAFF MANAGEMENT ...... 27,405 27,405 27,405 27,405 20250 RECRUITING AND ADVERTISING ...... 37,874 37,874 37,874 37,874 20300 TOTAL, BUDGET ACTIVITY 4 ...... 135,997 135,997 135,997 135,997

20700 TOTAL, OPERATION AND MAINTENANCE, ARMY RESERVE ...... 1,192,891 1,207,891 1,212,891 1,207,891

ADJUSTMENTS TO BUDGET ACTIVITIES 19850 Training Operations/ Adjustments to the budget activities are as Ground OPTEMPO ...... 10,000 follows: Total adjustments ...... +15,000 [In thousands of dollars] Budget Activity 1: Operating OPERATION AND MAINTENANCE, NAVY RESERVE Forces: The conference agreement on items ad- 19700 Maintenance of Real dressed by either the House or the Senate is Property ...... 5,000 as follows: [In thousands of dollars]

Budget House Senate Conference

20850 OPERATION AND MAINTENANCE, NAVY RESERVE 20900 BUDGET ACTIVITY 1: OPERATING FORCES 20950 RESERVE AIR OPERATIONS 21000 MISSION AND OTHER FLIGHT OPERATIONS ...... 302,531 302,531 302,531 319,531 21050 FLEET AIR TRAINING ...... 200 200 200 200 21100 INTERMEDIATE MAINTENANCE ...... 17,528 17,528 17,528 17,528 21150 AIR OPERATION AND SAFETY SUPPORT ...... 2,574 3,074 2,574 3,074 21200 AIRCRAFT DEPOT MAINTENANCE ...... 58,053 68,053 58,053 65,053 21250 AIRCRAFT DEPOT OPS SUPPORT ...... 315 315 315 315 21300 BASE SUPPORT ...... 99,563 99,563 99,563 99,563 21350 MAINTENANCE OF REAL PROPERTY ...... 24,512 24,512 24,512 24,512 21400 RESERVE SHIP OPERATIONS 21450 MISSION AND OTHER SHIP OPERATIONS ...... 59,509 59,509 59,509 59,509 21500 SHIP OPERATIONAL SUPPORT AND TRAINING ...... 638 638 638 638 21550 INTERMEDIATE MAINTENANCE ...... 10,326 10,326 10,326 10,326 21600 SHIP DEPOT MAINTENANCE ...... 68,324 68,324 68,324 68,324 21650 SHIP DEPOT OPERATIONS SUPPORT ...... 1,487 1,487 1,487 1,487 21700 RESERVE COMBAT OPERATIONS SUPPORT 21800 COMBAT SUPPORT FORCES ...... 25,632 25,632 25,632 25,632 21850 BASE SUPPORT ...... 38,503 38,503 38,503 38,503 21900 MAINTENANCE OF REAL PROPERTY ...... 9,220 9,220 9,220 9,220 21950 RESERVE WEAPONS SUPPORT 22000 WEAPONS MAINTENANCE ...... 4,136 4,136 4,136 4,136 22050 TOTAL, BUDGET ACTIVITY 1 ...... 723,551 733,551 723,051 747,551

22100 BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES 22150 ADMINISTRATION AND SERVICEWIDE ACTIVITIES 22200 ADMINISTRATION ...... 6,209 6,209 6,209 6,209 22250 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT ...... 2,012 2,012 2,012 2,012 22300 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...... 32,102 32,102 32,102 32,102 22400 SERVICEWIDE COMMUNICATIONS ...... 33,155 33,155 33,155 33,155 22450 BASE SUPPORT ...... 26,692 26,692 26,692 26,692 22500 MAINTENANCE OF REAL PROPERTY ...... 5,051 5,051 5,051 5,051 22550 COMBAT/WEAPONS SYSTEMS ...... 2,723 2,723 2,723 2,723 22600 GENERAL DEFENSE INTELLIGENCE PROGRAM ...... 511 511 511 511 22605 LOGISTICS OPERATIONS AND TECHNICAL SUPPORT 22610 AIR SYSTEMS SUPPORT ...... 2,705 2,705 2,705 2,705 22750 TOTAL, BUDGET ACTIVITY 4 ...... 111,160 111,160 111,160 111,160

22760 NSIPS ...... 43,500 ...... 43,500 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7681 [In thousands of dollars]

Budget House Senate Conference

22765 CONTINGENCY OPERATIONS TRANSFER—SWA ...... ¥500 ...... ¥500 22770 MAINTENANCE OF REAL PROPERTY ...... 37,000 ...... 20,000 23150 TOTAL, OPERATION AND MAINTENANCE, NAVY RESERVE ...... 834,711 924,711 834,211 921,711

ADJUSTMENTS TO BUDGET ACTIVITIES MILITARY PERSONNEL INFORMATION SYSTEMS ties. The conferees direct the Navy and DoD Adjustments to the budget activities are as The conferees have agreed to provide to ensure that no other military personnel follows: $69,000,000 only for Military Personnel Infor- information system initiatives duplicate mation Systems and support the direction in NSIPS or the DoD objective personnel sys- [In thousands of dollars] House Report 105–206 on management control tem, now known as the Defense Integrated Budget Activity 1: Operating and use of these programs and funds by the Military Human Resources System Forces: Commander, Naval Reserve Forces. Of the (DIMHRS). The conferees also direct DoD 21000 Mission and Other Flight funds identified in the House report, only and the services to identify and allocate ac- Operations/Flying Hours ...... 17,000 $11,500,000 is specifically for the Navy Stand- quisition certified personnel for the DIMHRS 21200 Aircraft Depot Mainte- ard Integrated Personnel System (NSIPS) Joint Program Management Office no later nance ...... 7,000 and $5,000,000 is for the Joint Requirements than November 1, 1997 and to fully fund and Other Adjustments: and Integration Office. These funds are in ad- budget for NSIPS and DIMHRS. 22760 NSIPS ...... 43,500 dition to those already budgeted for these 22765 Contingency Operations programs. The remaining funds are for all OPERATION AND MAINTENANCE, MARINE CORPS Transfer—SWA ...... ¥500 the related activities described in the House RESERVE 22770 Maintenance of Real Prop- report, such as continuing the Navy central erty ...... 20,000 design activity consolidation and providing The conference agreement on items ad- initial outfitting equipment and infrastruc- dressed by either the House or the Senate is Total adjustments ...... +87,000 ture support for information system facili- as follows: [In thousands of dollars]

Budget House Senate Conference

23300 OPERATION AND MAINTENANCE, MARINE CORPS RESERVE 23350 BUDGET ACTIVITY 1: OPERATING FORCES. 23400 MISSION FORCES 23450 TRAINING ...... 14,559 18,459 14,559 17,559 23500 OPERATING FORCES ...... 30,174 35,174 30,174 33,174 23550 BASE SUPPORT ...... 16,309 16,309 16,309 16,309 23600 MAINTENANCE OF REAL PROPERTY ...... 6,898 6,898 6,898 6,898 23650 DEPOT MAINTENANCE ...... 2,555 2,555 2,555 2,555

23700 TOTAL, BUDGET ACTIVITY 1 ...... 70,495 79,395 70,495 76,495

23750 BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES 23800 ADMINISTRATION AND SERVICEWIDE ACTIVITIES 23850 RECRUITING AND ADVERTISING ...... 7,726 7,726 7,726 7,726 23900 SPECIAL SUPPORT ...... 11,199 11,199 11,199 11,199 23950 SERVICEWIDE TRANSPORTATION ...... 5,161 5,161 5,161 5,161 24000 ADMINISTRATION ...... 7,039 7,039 7,039 7,039 24050 BASE SUPPORT ...... 8,746 8,746 8,746 8,746

24200 TOTAL, BUDGET ACTIVITY 4 ...... 39,871 39,871 39,871 39,871

24600 TOTAL, O&M, MARINE CORPS RESERVE ...... 110,366 119,266 110,366 116,366

ADJUSTMENTS TO BUDGET ACTIVITIES 23500 Operating Forces/Initial OPERATION AND MAINTENANCE, AIR FORCE Adjustments to the budget activities are as Issue ...... 3,000 RESERVE follows: The conference agreement on items ad- [In thousands of dollars] Total adjustments ...... +6,000 dressed by either the House or the Senate is Budget Activity 1: Operating as follows: Forces: 23450 Training/M1A1 Tank Training ...... 3,000 [In thousands of dollars]

Budget House Senate Conference

24750 OPERATION AND MAINTENANCE, AIR FORCE RESERVE 24800 BUDGET ACTIVITY 1: OPERATING FORCES 24850 AIR OPERATIONS 24900 AIRCRAFT OPERATIONS ...... 1,227,609 1,227,609 1,234,389 1,234,389 24950 MISSION SUPPORT OPERATIONS ...... 39,482 39,482 39,482 39,482 25000 BASE SUPPORT ...... 216,573 216,573 216,573 216,573 25050 MAINTENANCE OF REAL PROPERTY ...... 60,314 70,314 60,314 60,314

25150 TOTAL, BUDGET ACTIVITY 1 ...... 1,543,978 1,543,978 1,550,758 1,550,758

25200 BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES 25250 ADMINISTRATION AND SERVICEWIDE ACTIVITIES 25300 ADMINISTRATION ...... 46,363 46,363 46,363 46,363 25350 MILITARY MANPOWER AND PERSONNEL MANAGEMENT ...... 19,262 19,262 19,262 19,262 25400 RECRUITING AND ADVERTISING ...... 7,966 7,966 7,966 7,966 25450 OTHER PERSONNEL SUPPORT ...... 6,310 6,310 6,310 6,310 25500 AUDIOVISUAL ...... 541 541 541 541 25510 WC–130 WEATHER RECONN ...... 830 ...... 830

25550 TOTAL, BUDGET ACTIVITY 4 ...... 80,442 81,272 80,442 81,272

25950 TOTAL, O&M, AIR FORCE RESERVE ...... 1,624,420 1,635,250 1,631,200 1,632,030 H7682 CONGRESSIONAL RECORD — HOUSE September 23, 1997

ADJUSTMENTS TO BUDGET ACTIVITIES Budget Activity 4: Administra- OPERATION AND MAINTENANCE, ARMY Adjustments to the budget activities are as tion and Servicewide Activi- NATIONAL GUARD follows: ties: The conference agreement on items ad- [In thousands of dollars] 25510 WC–130 Weather dressed by either the House or the Senate is Reconnasissance ...... 830 Budget Activity 1: Operating as follows: Forces: 24900 Aircraft Operations/C–130 Force Structure ...... 6,780 Total adjustments ...... +7,610 [In thousands of dollars]

Budget House Senate Conference

26100 OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD 26150 BUDGET ACTIVITY 1: OPERATING FORCES 26200 MISSION OPERATIONS 26250 TRAINING OPERATIONS ...... 1,704,250 1,728,950 1,749,250 1,728,950 26350 MEDICAL SUPPORT ...... 26,701 26,701 26,701 26,701 26400 DEPOT MAINTENANCE ...... 53,824 58,824 63,824 61,324 26450 BASE SUPPORT ...... 250,700 250,700 250,700 250,700 26500 MAINTENANCE OF REAL PROPERTY ...... 50,618 60,618 150,618 135,618 26550 TOTAL, BUDGET ACTIVITY 1 ...... 2,086,093 2,125,793 2,241,093 2,203,293

26600 BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES 26650 ADMINISTRATION AND SERVICEWIDE ACTIVITIES 26700 INFORMATION MANAGEMENT ...... 32,376 32,376 53,376 53,376 26800 PERSONNEL ADMINISTRATION ...... 62,082 62,082 62,082 62,082 26850 STAFF MANAGEMENT ...... 45,190 45,190 45,190 45,190 26900 RECRUITING AND ADVERTISING ...... 33,191 33,191 33,191 33,191 26910 CHEM/BIO MISSION STUDIES ...... 10,000 ...... 10,000 26912 STOCK FUND SECONDARY ITEMS ...... 15,000 7,500 26915 SOFTWARE ACQUISITION AND SECURITY TRAINING ...... 5,000 ...... 5,000 26950 TOTAL, BUDGET ACTIVITY 4 ...... 172,839 187,839 208,839 216,339

27350 TOTAL, OPERATION AND MAINTENANCE, ARMY NAT. GUARD ...... 2,258,932 2,313,632 2,449,932 2,419,632

ADJUSTMENTS TO BUDGET ACTIVITIES MAINTENANCE OF REAL PROPERTY respect to counter terrorism operations and Adjustments to the budget activities are as The conferees recommend $85,000,000 above the defense against weapons of mass destruc- follows: the budget request for maintenance of real tion and for testing and evaluating equip- property for Army National Guard facilities. ment related to the support of the chemical/ [In thousands of dollars] The conferees direct that these funds be used biological defense mission. Budget Activity 1: Operating to reduce the growing backlog within the 54 HOME STATION MOBILIZATION Forces: Army National Guard organizations, not for The conferees support the expansion of studies or other administrative functions. 26250 Training Operations/ Home Station Mobilization during fiscal Ground Optempo ...... 20,000 CHEMICAL/BIOLOGICAL DEFENSE AND COUNTER year 1998, as a way to reduce mobilization 26250 Training Operations/ TERRORISM MISSION PLANNING costs and increase the availability of the Re- Angel Gate Academy ...... 4,200 The conferees recommend $10,000,000 only serve Components. The conferees direct the 26250 Training Operations/ to support efforts to develop the National Department of the Army to report to the Laser Leveling ...... 500 Guard’s domestic chemical/biological congressional defense committees on how 26400 Depot Maintenance ...... 7,500 counter terrorism mission. The conferees re- this program can be expanded in both the 26500 Maintenance of Real iterate the directive in the House report and Army National Guard and the Army Reserve Property ...... 85,000 strongly endorse efforts to accelerate imple- not later than January 15, 1998. The report Budget Activity 4: Administra- mentation of this important mission. The should also provide a timetable to imple- tion and Servicewide Activi- conferees expect the National Guard to de- ment the results of this review during fiscal ties: velop a mission plan that is fully coordi- year 1998. It should address costs (both per- nated with all related plans and programs of 26700 Information Manage- sonnel and resources) associated with de- the Office of the Secretary of Defense, the ment ...... 21,000 ploying from home station versus a mobiliza- active forces, and all other Reserve Compo- tion station and recommendations regarding 26910 Chem/Bio Mission Stud- nents so as to leverage existing capabilities ies ...... 10,000 mission transfers to the Reserve Compo- to the maximum extent possible. A mecha- nents. 26912 Stock Fund Secondary nism for review and input from all relevant Items ...... 7,500 organizations must be an integral part of OPERATION AND MAINTENANCE, AIR NATIONAL 26915 Software Acquisition and this planning effort. The conferees also in- GUARD Security Training ...... 5,000 tend that a portion of these funds may be The conference agreement on items ad- used to conduct joint, interagency training dressed by either the House or the Senate is Total adjustments ...... +160,700 for federal, state, and local responders with as follows: [In thousands of dollars]

Budget House Senate Conference

27500 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD 27550 BUDGET ACTIVITY 1: OPERATING FORCES 27600 AIR OPERATIONS 27650 AIRCRAFT OPERATIONS ...... 2,243,510 2,245,010 2,262,573 2,262,573 22770 MISSION SUPPORT OPERATIONS ...... 334,314 334,314 334,314 334,314 27750 BASE SUPPORT ...... 296,196 296,196 296,196 296,196 27800 MAINTENANCE OF REAL PROPERTY ...... 77,879 77,879 77,879 77,879 27850 DEPOT MAINTENANCE ...... 30,048 30,048 30,048 30,048

27900 TOTAL, BUDGET ACTIVITY 1 ...... 2,981,947 2,986,447 3,001,010 3,004,010

27950 BUDGET ACTIVITY 4: ADMIN & SERVICEWIDE ACTIVITIES 28000 SERVICEWIDE ACTIVITIES 28050 ADMINISTRATION ...... 3,073 3,073 3,073 3,073 28100 RECRUITING AND ADVERTISING ...... 6,199 6,199 6,199 6,199

28150 TOTAL, BUDGET ACTIVITY 4 ...... 9,272 9,272 9,272 9,272

28550 TOTAL, O&M, AIR NATIONAL GUARD ...... 2,991,219 2,995,719 3,010,282 3,013,282 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7683

ADJUSTMENT TO BUDGET ACTIVITIES ENVIRONMENTAL RESTORATION, AIR FORCE Civic Aid. The conferees direct that none of Adjustments to the budget activities are as The conferees agree to provide $376,900,000 the reduction should be taken against the follows: for Environmental Restoration, Air Force. Department’s demining efforts. In addition, [In thousands of dollars] ENVIRONMENTAL RESTORATION, DEFENSE-WIDE the conferees expect the Department of De- Budget Activity 1: Operating The conferees agree to provide $26,900,000 fense to coordinate its efforts on the reha- Forces: for Environmental Restoration, Defense- bilitation of land mine victims with other 27650 Aircraft Operations/159th Wide. U.S. Government agencies performing simi- Fighter Group ...... 1,500 lar activities, including any center devoted ENVIRONMENTAL RESTORATION, FORMERLY 527650 Aircraft Operations/C– 13,063 to these efforts within the Department of USED DEFENSE SITES 130 Force Structure Education. 27650 Aircraft Operations/C–130 The conferees agree to provide $242,300,000 Operations ...... 4,500 for Environmental Restoration, Formerly FORMER SOVIET UNION THREAT REDUCTION 27850 Depot Maintenance ...... 3,000 Used Defense Sites. The conferees agree to provide $382,200,000, NEWMARK Total adjustments ...... +22,063 for the Former Soviet Union Threat Reduc- The conferees understand that both the tion program. OVERSEAS CONTINGENCY OPERATIONS Environmental Protection Agency (EPA) and TRANSFER FUND the City of San Bernardino believe that the QUALITY OF LIFE ENHANCEMENTS, DEFENSE The conferees agree to provide $1,884,000,000 Newmark and Muscoy plume contamination for the Overseas Contingency Operations in San Bernardino, CA is a direct result of The conferees agree to provide a total of Transfer Fund. The conferees agree to re- industrial waste from a World War II depot $360,000,000 for Quality of Life Enhance- align funding for operations in Southwest and maintenance facility (Camp Ono). The ments, Defense. Given the substantial back- Asia from the services’ Operation and main- report accompanying the fiscal year 1997 log of real property maintenance in the areas tenance accounts into the Overseas Contin- DoD Appropriations Act highlighted the ur- of barracks, dormitories and related facili- gency Operations Transfer Fund. Accord- gency of this problem and requested prompt ties, the conferees direct that these funds be ingly, the conferees agree to transfer action by the Department of Defense. Be- applied to workload for such projects. The $416,500,000 into this account. cause the Department has not adequately re- conferees further direct the Secretaries of UNITED STATES COURT OF APPEALS FOR THE sponded to last year’s report language con- each of the Military Services to provide the ARMED FORCES cerning this important issue, the conferees congressional defense committees with a re- The conference agreement provides direct the DoD, within 90 days of enactment port on each additional project to be funded $6,952,000 for the United States Court of Ap- of this Act, to provide a report to the con- from funds available in this account prior to peals of the Armed Forces as requested in gressional defense committees which fully solicitation for these projects. This report the budget. explains the Department’s current and fu- shall include the location, estimated cost ENVIRONMENTAL RESTORATION, ARMY ture plans relating to its role in the cleanup and projected commencement and comple- The conferees agree to provide $375,337,000 of the Newmark/Muscoy site. tion dates for each project. for Environmental Restoration, Army. OVERSEAS HUMANITARIAN, DISASTER, AND TITLE III—PROCUREMENT ENVIRONMENTAL RESTORATION, NAVY CIVIC AID The conferees agree to provide $275,500,000 The conferees agree to provide $47,130,000 The conference agreement is as fol- for Environmental Restoration, Navy. for Overseas Humanitarian, Disaster and lows: [In thousands of dollars]

Budget House Senate Conference

SUMMARY ARMY: AIRCRAFT ...... 1,029,459 1,541,217 1,356,959 1,346,317 TRANSFER ...... (133,000) ...... MISSILES ...... 1,178,151 771,942 1,173,081 762,409 WEAPONS, TRACKED COMBAT VEHICLES ...... 1,065,707 1,332,907 1,156,506 1,298,707 AMMUNITION ...... 890,902 1,062,802 1,042,602 1,037,202 OTHER ...... 2,455,030 2,502,886 2,783,735 2,679,130 TOTAL, ARMY ...... 6,619,249 7,211,754 7,512,883 7,123,765

NAVY: AIRCRAFT ...... 5,951,965 6,753,465 6,312,937 6,535,444 TRANSFER ...... (134,000) ...... WEAPONS ...... 1,136,293 1,175,393 1,138,393 1,102,193 AMMUNITION ...... 336,797 423,797 344,797 397,547 SHIPS ...... 7,438,158 7,628,158 8,510,458 8,235,591 OTHER ...... 2,825,500 3,084,485 2,832,800 3,144,205 MARINE CORPS ...... 374,306 491,198 440,106 482,398 TOTAL, NAVY ...... 18,063,019 19,556,496 19,579,491 19,897,378

AIR FORCE: AIRCRAFT ...... 5,684,847 6,386,479 6,390,847 6,480,983 TRANSFER ...... (133,000) ...... MISSILES ...... 2,557,741 2,320,741 2,411,741 2,394,202 AMMUNITION ...... 403,984 414,884 400,984 398,534 OTHER ...... 6,561,253 6,588,939 6,653,053 6,592,909 TOTAL, AIR FORCE ...... 15,207,825 15,711,043 15,856,625 15,866,628

DEFENSE-WIDE ...... 1,695,085 2,186,669 1,753,285 2,106,444 NATIONAL GUARD AND RESERVE EQUIPMENT ...... 850,000 653,000 653,000

TOTAL PROCUREMENT ...... 41,585,178 45,515.962 45,355,284 45,647,215 TRANSFER ...... (400,000) ......

AIRCRAFT PROCUREMENT, ARMY The conference agreement is as fol- lows:

[In thousands of dollars]

Budget House Senate Qty Conference

AIRCRAFT PROCUREMENT, ARMY: C–XX (MEDIUM RANGE) AIRCRAFT ...... 23,000 ...... 23,000 GUARDRAIL COMMON SENSOR (TIARA) ...... 3,388 13,046 3,388 ...... 13,046 SHORT RANGE UAV ...... 20,000 ...... UH–60 BLACKHAWK (MYP) ...... 183,231 309,231 310,531 28 272,231 UH–1 MODS ...... 4,679 4,679 2,679 ...... 2,679 UH–60 MODS ...... 14,353 14,353 23,853 ...... 26,853 KIOWA WARRIOR ...... 38,822 213,822 53,822 ...... 53,822 EH–60 QUICKFIX MODS ...... 38,140 44,640 38,140 ...... 44,640 ASE MODS ...... 4,578 19,078 12,678 ...... 19,078 H7684 CONGRESSIONAL RECORD — HOUSE September 23, 1997 [In thousands of dollars]

Budget House Senate Qty Conference

AIRCRAFT SURVIVABILITY EQUIPMENT ...... 905 15,705 905 ...... 8,305 TRAINING DEVICES ...... 9,300 18,600 ...... 13,300 ECONOMIC ASSUMPTIONS ...... ¥8,000 ...... ¥8,000

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Budget House Senate Conference

U–H60 Blackhawk (MYP) ...... 183,231 309,231 310,531 272,231 Aircraft ...... +120,000 +127,300 +83,000 Q-kits for Active Army ...... +6,000 ...... +6,000 (Note: Additional funds are to procure at least 10 additional aircraft. Procurement of the 28 new aircraft are to result in the fielding of 28 aircraft from the Army to the Army National Guard.) UH–60 MODS ...... 14,353 14,353 23,853 26,853 Senate add ...... +9,500 +9,500 UH–60L Blackhawk Fire Hawk kits ...... +3,000 (Note: UH–60L Fire Hawk kits are to be transferred to the Army National Guard.) Kiowa Warrior ...... 38,822 213,822 53,822 53,822 Aircraft ...... +157,177 ...... 0 Safety modifications ...... +23,300 +15,000 +15,000 ASE Mods ...... 4,578 19,078 12,678 19,078 Laser detection sets ...... +7,000 ...... +7,000 Advanced threat infrared countermeasures ...... +7,500 +8,100 +7,500 Aircraft Survivability Equipment ...... 905 15,705 905 8,305 ASET IV ...... +14,800 ...... +7,400 Common Ground Equipment ...... +0 +18,600 +9,300 +13,300 Geographic databases ...... +18,600 +9,300 +13,300

MISSILE PROCUREMENT, ARMY The conference agreement is as fol- lows:

[In thousands of dollars]

Budget House Senate Qty Conference

MISSILE PROCUREMENT, ARMY: PATRIOT SYSTEM SUMMARY (MYP) ...... 349,109 ...... 349,109 ...... AVENGER SYSTEM SUMMARY ...... 13,000 ...... 7,400 HELLFIRE SYS SUMMARY ...... 279,687 228,287 268,987 1,200 248,987 MLRS ROCKET ...... 2,863 14,863 19,863 ...... 19,863 MLRS LAUNCHER SYSTEMS ...... 102,649 105,649 127,749 35 125,749 ARMY TACTICAL MSL SYS (ATACMS) (MYP) ...... 97,814 97,814 87,044 153 97,814 BAT ...... 85,208 45,208 45,208 40 ...... EFOG–M ...... 13,300 PATRIOT MODS ...... 20,825 30,825 20,825 ...... 8,000 ECONOMIC ASSUMPTIONS ...... ¥8,000 ...... ¥8,000

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Budget House Senate Conference

Patriot System Summary ...... 349,109 0 349,109 0 Transfer to Procurement, Defense Wide ...... ¥349,109 ...... ¥349,109 Avenger System Summary ...... 0 0 13,000 7,400 Slew-to-cue ...... 13,000 7,400 Hellfire System Summary ...... 279,687 228,287 268,987 248,987 Unused prior year ECO funding ...... ¥5,400 ...... 0 Reduce Longbow Hellfire production ramp-up ...... ¥38,300 ...... ¥20,000 Reduce Longbow ramp-up tooling ...... ¥7,700 ...... 0 Unobligated prior year funds ...... ¥10,700 ¥10,700 MLRS Rocket ...... 2,863 14,863 19,863 19,863 MLRS–ER ...... 12,000 17,000 17,000 MLRS Launcher System ...... 102,649 105,649 127,749 125,749 Transfer to MLRS–ER rockets ...... ¥12,000 ...... ¥12,000 Vehicular Intercommunication System (VIS) upgrades ...... 15,000 ...... 10,000 Launcher upgrades ...... 25,100 25,100 Army Tactical Missile System (ATACMS) ...... 97,814 97,814 87,044 97,814 Contract savings ...... ¥10,770 0 EFOG–M ...... 13,300 Transfer from research and development ...... 13,300 Patriot Modifications ...... 20,825 30,825 20,825 30,825 GEM +/¥ ...... 10,000 ...... 8,000

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES, ARMY The conference agreement is as follows:

[In thousands of dollars]

Budget House Senate Qty Conference

PROCUREMENT OF W&TCV, ARMY. BRADLEY BASE SUSTAINMENT ...... 125,591 240,591 187,991 ...... 220,591 FIELD ARTILLERY AMMUNITION SUPPORT VEH ...... 40,000 ...... 36 40,000 CARRIER, MOD ...... 20,244 28,644 40,244 ...... 40,244 HOWITZER, MED SP FT 155MM M109A6 (MOD) ...... 18,706 74,706 18,706 36 74,706 IMPROVED RECOVERY VEHICLE (M88 MOD) ...... 28,601 56,401 14,000 12 32,601 ARMOR MACHINE GUN, 7.62MM M240 SERIES ...... 20,000 ...... 15,000 GRENADE LAUNCHER, AUTO, 40MM, MK19–3 ...... 13,000 ...... 8,000 MEDIUM MACHINE GUNS (MODS) ...... 15,000 ...... ECONOMIC ASSUMPTIONS ...... ¥5,000 ...... ¥5,000 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7685 EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Budget House Senate Conference

Bradley Base Sustainment ...... 125,591 240,591 187,991 220,591 A0 to ODS variant for the National Guard ...... +115,000 ...... +95,000 Bradley base upgrades ...... +62,400 +0 Carrier, mod ...... 20,244 28,644 40,244 40,244 M113 night vision driver viewers ...... +8,400 ...... +5,000 Carrier modifications ...... +20,000 +15,000 (Note: $15,000,000 is only for the competitive procurement of reactive armor) ...... Improved Recovery Vehicle ...... 28,601 56,401 14,000 32,601 IRV production ...... +27,800 ...... 0 Program slip ...... ¥14,601 0 Engineering change proposals ...... +4,000 (Note: Senate provided additional funds for ECP’s in RDT&E, A).

PROCUREMENT OF AMMUNITION, ARMY The conference agreement is as follows:

[In thousands of dollars]

Budget House Senate Qty Conference

PROCUREMENT OF AMMUNITION, ARMY: CTG, 5.56MM, ALL TYPES ...... 63,588 65,988 63,588 ...... 64,988 CTG, 7.62MM, ALL TYPES ...... 1,136 7,136 1,136 ...... 4,136 CTG, .50 CAL. ALL TYPES ...... 19,977 20,177 19,977 ...... 20,177 CTG, 40MM, ALL TYPES ...... 26,203 26,203 33,203 ...... 31,203 CTG MORTAR 120MM FULL RANGE PRACTICE M931 ...... 24,432 34,432 24,432 59 32,432 CTG MORTAR 120MM HE M934 W/MO FUZE ...... 29,908 38,908 44,908 32 38,908 CTG MORTAR 120MM ILLUM XM930 W/MTSQ FZ ...... 3,000 ...... 3,000 CTG 120MM HEAT-MP-T M830A1 ...... 10,000 ...... 8,000 CTG TANK 120MM TPCSDS-T M865 ...... 111,653 124,453 124,353 184 119,353 CTG ARTY 105MM DPICM XM915 ...... 20,000 10,000 ...... 10,000 PROJ ARTY 155MM HE M795 ...... 55,000 ...... 36,000 FUZE MULTI OPTION ...... 20,000 20,000 ...... 15,000 MINE AT/AP M87 (VOLCANO) ...... 20,000 ...... 17,000 BUNKER DEFEATING MUNITION (BDM) ...... 8,000 ...... 8,000 ROCKET, HYDRA 70, ALL TYPES ...... 12,067 48,267 48,267 ...... 37,267 SIMULATORS, ALL TYPES ...... 4,573 5,073 4,573 ...... 4,573 PROVISION OF INDUSTRIAL FACILITIES ...... 45,857 24,857 45,857 ...... 24,857 CONVENTIONAL AMMO DEMILITARIZATION ...... 106,118 96,118 93,118 ...... 93,118 ARMS INITIATIVE ...... 5,000 5,000 45,000 ...... 25,000 ECONOMIC ASSUMPTIONS ...... ¥6,000 ...... ¥6,000

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Budget House Senate Conference

Fuze, multi option ...... 0 20,000 20,000 15,000 Electronic timed M767 fuze ...... +20,000 +20,000 +15,000 Provision of Industrial Facilities ...... 45,857 24,857 45,857 24,857 Excess funds ...... ¥21,000 ...... ¥21,000 Large caliber deep drawn cartridge ...... (3,000) ...... (3,000)

KINETIC ENERGY TANK AMMUNITION The conferees direct the Army to maintain M829A2 production and maintaining the ca- M829A2 future annual production at mini- pability to produce kinetic energy rounds no The conferees are concerned that there mum sustaining levels and accelerate the de- later than December 15, 1997. may be a break in production between the velopment of the M829E3. The conferees di- OTHER PROCUREMENT, ARMY current 120mm kinetic energy round, the rect the Army submit to the congressional M829A2, and the follow-on round, the M829E3. defense committees their plan for funding The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Qty Conference

OTHER PROCUREMENT, ARMY TACTICAL TRAILERS/DOLLY SETS ...... 8,053 8,053 18,053 ...... 13,053 SEMITRAILER FB BB/CONT TRANS 221⁄2 T ...... 9,361 ...... 9,361 350 2,000 SEMITRAILER, TANK, 5000G ...... 7,581 3,000 7,581 74 3,000 SEMITRAILER, TANK, 7500G, BULKHAUL ...... 10,408 2,000 10,408 231 3,000 HI MOB MULTI-PURP WHLD VEH (HMMWV) (MYP) ...... 66,233 104,933 141,233 774 131,233 FAMILY OF MEDIUM TACTICAL VEH (MYP) ...... 209,446 209,446 253,446 1,506 209,446 FAMILY OF HEAVY TACTICAL VEHICLES (MYP) ...... 9,071 87,071 137,071 ...... 114,071 ARMORED SECURITY VEHICLES (COMBAT SPT) TACTIC ...... 9,470 10,970 9,470 25 10,970 DEFENSE SATELLITE COMMUNICATIONS SYSTEM (SPAC) ...... 87,643 83,143 87,643 ...... 85,643 SAT TERM, EMUT (SPACE) ...... 7,264 6,064 7,264 207 6,064 NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE) ...... 6,796 5,596 6,796 17 5,596 SCAMP (SPACE) ...... 4,305 10,405 16,605 ...... 16,605 GLOBAL BRDCST SVC—GBS ...... 4,967 ...... 4,967 ...... 4,967 ARMY DATA DISTRIBUTION SYSTEM (ADDS) ...... 57,165 57,065 94,465 ...... 67,465 SINCGARS FAMILY ...... 290,164 302,164 290,164 ...... 296,164 ACUS MOD PROGRAM (WIN–T/T) ...... 82,391 82,391 115,391 ...... 105,391 COMBAT SURVIVOR EVADER LOCATOR (CSEL) ...... 5,677 ...... 5,677 ...... 5,677 INFORMATION SYSTEM SECURITY PROGRAM—ISSP ...... 10,208 10,208 10,208 ...... 13,708 INFORMATION SYSTEMS ...... 20,498 20,498 51,498 ...... 51,498 GENERAL DEFENSE INTELL PROG (GDIP) ...... 18,856 19,756 18,856 ...... 19,356 ITEMS LESS THAN $2.0M (INTEL SPT)—TIARA ...... 2,800 ...... 2,800 ALL SOURCE ANALYSIS SYS (ASAS) (TIARA) ...... 7,772 26,959 7,772 ...... 23,459 JTT/CIBS–M (TIARA) ...... 11,438 11,438 6,438 56 11,438 SHORTSTOP ...... 6,000 ...... 6,000 SENTINEL ...... 41,014 51,014 61,214 12 61,214 NIGHT VISION DEVICES ...... 85,312 99,712 121,312 ...... 111,712 LOGTECH ...... 3,358 3,358 3,358 ...... 13,358 STANDARD INTEGRATED CMD POST SYSTEM ...... 26,551 36,551 26,551 ...... 33,551 AUTOMATED DATA PROCESSING EQUIP ...... 125,099 151,899 125,099 ...... 132,099 RESERVE COMPONENT AUTOMATION SYS (RCAS) ...... 114,323 114,323 84,323 ...... 114,323 CALIBRATION SETS EQUIPMENT ...... 25,000 ...... 15,000 INTEGRATED FAMILY OF TEST EQUIP (IFTE) ...... 29,000 ...... 20,000 COMBAT SUPPORT MEDICAL ...... 11,808 11,808 18,808 ...... 18,808 ITEMS LESS THAN $2.0 MILLION (MAINT EQ) ...... 1,167 5,167 1,167 ...... 4,167 CRANE, WHEEL MTD, 25T, 3⁄4 CU YD, RT ...... 6,055 6,055 6,055 22 14,055 RAILWAY CAR, FLAT, 100 TON ...... 17,755 ...... 17,755 ...... H7686 CONGRESSIONAL RECORD — HOUSE September 23, 1997 [In thousands of dollars]

Budget House Senate Qty Conference

TRAINING DEVICES, NONSYSTEM ...... 49,668 53,668 59,668 ...... 53,668 SIMNET/CLOSE COMBAT TACTICAL TRAINING ...... 92,968 ...... 71,468 ...... 54,600 BASE LEVEL COM’L EQUIPMENT ...... 4,283 4,283 17,283 ...... 4,283 DEPOT MAINTENANCE OF OTHER END ITEMS ...... 24,819 ...... 24,819 ...... GUN LAYING POSITIONING SYSTEM ...... 6,000 ...... 6,000 RADIO FREQUENCY TECHNOLOGY ...... 2,900 ...... 1,200 LIGHTWEIGHT LASER DESIGNATOR/RANGE FINDER ...... 2,800 ...... COMBAT SYNTHETIC TRAINING ASSESSMENT RANGE ...... 5,400 ...... ARMY AIRBORNE COMMAND & CONTROL SYSTEM ...... 11,100 ...... AVENGER SLEW TO CLUE ...... 7,400 ...... PALLETIZED LOADING SYSTEM ENHANCED ...... 3,000 ...... 3,000 ECONOMIC ASSUMPTIONS ...... ¥18,000 ...... ¥18,000

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Budget House Senate Conference

Army Data Distribution System ...... 57,165 57,065 94,465 67,465 EPLRS ...... +20,000 +37,400 +30,400 JTIDS—transfer to BMDO ...... ¥20,100 ...... ¥20,100 Information Systems Security System ...... 10,208 10,208 10,208 15,780 KY–100 device ...... 0 0 +3,500 (Note: Earmarked in Senate bill for $5,500,000) All Source Analysis System ...... 7,772 26,959 7,772 23,459 ASAS RWS ...... +13,500 ...... +10,000 CHATS ...... +5,687 ...... +5,687 Night Vision Devices ...... 85,312 99,712 131,312 111,712 AN/PAS–13 thermal weapon sights ...... +11,400 +10,000 +6,900 Lightweight video system ...... +3,000 ...... +2,000 Infrared Aiming Lights (AN/PEQ–2) ...... +8,000 +5,500 AN/PVS–70 systems ...... +17,000 +11,000 Bore lights ...... +1,000 +1,000 MELIOS ...... (5,000) (Note: Funds are only to procure MELIOS for the Army National Guard) LOGTECH ...... 3,358 3,358 3,358 13,358 Army Logistic Automation ...... +10,000 (Note: Funds transferred from Automated Data Processing Equipment) Automated Data Processing Equipment ...... 125,099 151,899 125,099 132,099 SBIS ...... +13,000 ...... +7,000 (Note: Funds transferred to O&M, Army) Army Logistics Automation ...... +13,800 ...... 0 (Note: Funds transferred to LOGTECH) Crane, Wheel Mtd, 25T,3⁄4 CU YD, RT ...... 6,055 6,055 6,055 14,055 All terrain cranes ...... +8,000 (Note: Funds are only to procure all all-terrain cranes for the Army Reserve) Radio Frequency Technology ...... 0 2,900 0 1,200 (Note: $1,700,000 transferred to Research, Development, Test and Evaluation, Army) Lightweight designator/range finder ...... 0 2,800 0 0 (Note: Funds transferred to Research, Development, Test and Evaluation, Army) Combat synthetic training assessment range ...... 0 5,400 0 0 (Note: Funds transferred to Research, Development, Test and Evaluation, Army) Army Airborne Command & Control System ...... 0 11,100 0 0 (Note: Funds transferred to Research, Development, Test and Evaluation, Army) Avenger Slew to Cue ...... 0 7,400 0 0 (Note: Funds transferred to Missile Procurement, Army)

FAMILY OF MEDIUM TACTICAL VEHICLES COMMANDER’S TACTICAL TERMINAL/JOINT sufficiently to minimize the fielding gap be- The conferees strongly support the Army’s TACTICAL TERMINAL tween these two terminals. Family of Medium Tactical Vehicle (FMTV) The conferees agree that the amounts ap- DIRECT SUPPORT ELECTRICAL SYSTEMS TEST acquisition strategy. The conferees endorse SETS (DSESTS) the Army’s plan to continue procuring propriated in fiscal year 1998 and prior year The conferees encourage the Department FMTV’s from the current producer while funds be used to re-award the Joint Tactical of Defense to include DSESTS in the auto- qualifying a second source in fiscal year 1998 Terminal (JTT) contract and to procure only matic test equipment family. and 1999. The conferees agree to provide the urgently needed Commander’s Tactical Ter- authority in Section 8008 to enter into a minals (CTT) in fiscal year 1998 until the AIRCRAFT PROCUREMENT, NAVY multiyear contract for the FMTV. production under a new contract progresses The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Qty Conference

AIRCRAFT PROCUREMENT, NAVY: AV–8B (V/STOL) HARRIER ...... 277,648 310,648 283,890 12 283,890 AV–8B (V/STOL) HARRIER (AP–CY) ...... 18,914 18,914 17,900 ...... 17,900 V–22 (MEDIUM LIFT) ...... 472,007 661,307 627,007 7 627,007 V–22 (MEDIUM LIFT) (AP–CY) ...... 69,659 69,659 62,124 ...... 62,124 E–2C (EARLY WARNING) HAWKEYE ...... 236,474 304,474 236,474 4 304,474 CH–60 HELICOPTER ...... 2 30,400 CH–60 HELICOPTER (AP–CY) ...... 31,837 31,837 ...... T–45TS (TRAINER) GOSHAWK ...... 243,960 243,960 291,899 15 289,383 KS–130J ...... 179,700 ...... 2 120,000 EA–6 SERIES ...... 86,783 169,783 126,783 ...... 116,783 F–14 SERIES ...... 290,500 290,500 275,200 ...... 287,200 F–18 SERIES ...... 156,213 156,213 140,713 ...... 164,713 H–53 SERIES ...... 35,704 35,704 45,704 ...... 45,704 H–1 SERIES ...... 18,489 16,389 18,489 ...... 18,389 P–3 SERIES ...... 164,907 293,907 226,307 ...... 238,207 E–2 SERIES ...... 49,073 50,673 85,210 ...... 49,073 CARGO/TRANSPORT A/C SERIES ...... 29,911 29,911 20,911 ...... 25,911 SPECIAL PROJECT AIRCRAFT ...... 16,527 16,527 23,527 ...... 23,527 POWER PLANT CHANGES ...... 13,972 13,972 15,572 ...... 15,572 COMMON AVIONICS CHANGES ...... 131,599 130,599 117,439 ...... 130,399 COMMON GROUND EQUIPMENT ...... 287,114 274,114 287,114 ...... 274,114 ECONOMIC ASSUMPTIONS ...... ¥44,000 ...... ¥44,000

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Budget House Senate Conference

T–45 ...... 243,960 243,960 291,899 289,383 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7687 EXPLANATION OF PROJECT LEVEL ADJUSTMENTS—Continued [In thousands of dollars]

Budget House Senate Conference

Additional aircraft ...... +96,600 +53,000 Multiyear procurement savings ...... ¥51,084 0 Peculiar training equipment ...... +10,000 0 Engineering change orders ...... ¥3,728 ¥3,728 Engine contract award savings ...... ¥3,849 ¥3,849 EA–6B Series ...... 86,783 169,783 126,783 116,783 Center wing sections ...... +50,000 +25,000 +25,000 Late obligations ...... ¥10,000 ¥10,000 Engine turbine blade ...... +18,000 0 0 USQ–113 receiver ...... +15,000 0 +15,000 Support jamming upgrade ...... 0 +25,000 0 F–14 Series ...... 290,500 290,500 275,200 287,200 Critical systems mod ...... ¥3,300 ¥3,300 LANTIRN ...... ¥12,000 0 F–18 Series ...... 156,213 156,213 140,713 164,713 Late obligations ...... ¥15,500 ¥15,500 Mods for Naval Reserve ...... +24,000 H–1 Series ...... 18,489 16,389 18,489 18,389 Transfer to R&D ...... ¥5,600 ...... ¥5,600 Internal rescue hoist ...... +3,500 ...... +3,500 AN/AAQ–22 ...... +2,000 P–3 Series ...... 164,907 293,907 226,307 238,207 SRP ...... +35,100 +25,100 +25,000 AIP ...... +56,600 +17,300 +17,300 SEI ...... +18,500 0 +13,000 LESPA ...... +6,000 +11,000 +8,000 Replacement data storage system ...... +12,800 +8,000 +10,000 Common Avionics Changes ...... 131,599 130,599 117,439 130,399 AAW–13 ...... +9,000 ...... +6,000 Authorization reduction ...... ¥10,000 ...... 0 Late obligations ...... ¥10,000 ¥10,000 Ground proximity warning system ...... +4,000 Systems engineering growth ...... ¥1,200 ¥1,200

CH–60 HELICOPTERS from the Department of Defense should it no less than 20 SRP kits and for the installa- The conferees agree to provide $30,400,000 elect to address this requirement in fiscal tion of 15 SRP kits in fiscal year 1999, in only to procure 2 CH–60 helicopters for the year 1998. order to obtain best value for the Depart- Naval Reserve. P–3 ment of Defense in accordance with the Vari- ation in Quantity contract signed by the AV–8B HARRIER ENGINES The conferees are disturbed by the Navy’s Navy. The conferees recognize the need to replace approach to budgeting for the P–3 Sustained engines in AV–8B Harrier trainer aircraft, Readiness Program (SRP). The conferees di- WEAPONS PROCUREMENT, NAVY and would welcome a reprogramming request rect the Navy to budget for the purchase of The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Qty. Conference

WEAPONS PROCURMENT, NAVY TRIDENT II ...... 292,248 292,248 227,248 5 227,248 TRIDENT II (AP–CY) ...... 47,021 32,021 47,021 — 47,021 TOMAHAWK ...... 51,820 51,820 71,820 65 51,820 ESSM ...... 15,529 5,529 15,529 — 10,529 JSOC ...... 58,665 68,665 58,665 113 63,665 STANDARD MISSILE ...... 196,492 181,092 196,492 127 181,092 PENGUIN ...... — — 15,000 — 7,500 AERIAL TARGETS ...... 72,923 65,923 66,723 — 65,923 HELLFIRE ...... — 37,500 — — 20,000 STANDARD MISSILES MODS ...... 35,601 68,601 50,901 — 50,901 WEAPONS INDUSTRIAL FACILITIES ...... 34,923 25,932 34,932 — 30,432 CIWS MODS ...... 9,990 29,990 24,990 — 24,990 5/54 GUN MOUNT MODS ...... 241 241 13,241 — 10,241 PIONEER ...... 3,962 3,962 6,962 — 6,962 SPARES AND REPAIR PARTS ...... 26,943 21,943 26,943 — 21,943 ECONOMIC ASSUMPTIONS ...... — — ¥8,000 — ¥8,000

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousand of dollars]

Budget House Senate Conference

Trident II ...... 292,248 292,248 227,248 227,248 Missile reduction ...... ¥65,000 ¥65,000 Trident II (AP–CY) ...... 47,021 32,021 47,021 47,021 Excess long lead funding ...... ¥15,000 ...... 0 ESSM ...... 15,529 5,529 15,529 10,526 Premature tooling ...... ¥10,000 ...... ¥5,000 JSOW ...... 58,665 68,665 58,665 63.665 Additonal weapons ...... 10,000 ...... 5,000 Standard Missile ...... 196,492 181,092 196,492 181,092 Transfer Navy Lower Tier to Procurement, DW ...... ¥15,400 ...... ¥15,400 Aerial Targets ...... 72,923 65,923 66,723 65,923 Reduced requirements ...... ¥7,000 ...... ¥7,000 Reduction ...... ¥6,200 0 Standard Missile Mods ...... 35,601 68,601 50,901 50,901 SM–2 Block IIIB ...... 33,000 15,300 15,300 CIWS Mods ...... 9,990 29,990 24,990 24,990 Surface mode IB ...... 20,000 ...... 15,000 Block I upgrade ...... 15,000 0 5/54 Gun Mount Mods ...... 241 241 13,241 10,241 Ordalt kits ...... 13,000 10,000 Pioneer ...... 3,962 3,962 6,962 6,962 CARS ...... 3,000 3,000 [Funds provided for logistics are intended to support all Common Automatic Recovery Systems (CARS) throughout DoD.] Spares and Repair Parts ...... 26,943 21,943 26,943 21,943 Unobligated prior year funds ...... ¥5,000 ...... ¥5,000

TOMAHAWK fiscal year 1998. The Navy has recently in- ant of this missile, to be known as the Tac- The budget request includes $51,820,000 to formed the conferees that it is working on a tical Tomahawk or the Block IV+. It would procure 65 Block III Tomahawk missiles in proposal to develop and produce a new vari- H7688 CONGRESSIONAL RECORD — HOUSE September 23, 1997 be the Navy intention to forgo the procure- ferees encourage the Navy to submit a re- ment-owned, contractor operated plants for ment of the 65 Block III Tomahawk’s in fis- programming action once these issues are re- Navy missile systems, a reduction of cal year 1998 and use these funds, in part, for solved. $4,500,000 from the budget request. The con- the accelerated development of the new 5/54 GUN MOUNT MODIFICATIONS ferees direct that none of the reduction may Block IV+. While the conferees support a The conferees agree to provide $13,241,000 be applied to the amounts requested in the program to upgrade the capabilities of the for the procurement of gun safety, shock budget for facilities restoration at the Alle- Tomahawk missile and reducing the mis- hardening, and fire support Ordalts kits for gheny Ballistics Laboratory. sile’s unit cost, there remains many acquisi- the 5 inch MK–45 and MK–75 gun mounts. PROCUERMENT OF AMMUNITION, NAVY AND tion and funding issues to be resolved before WEAPONS INDUSTRIAL FACILITIES MARINE CORPS favorable consideration of the proposed fund- The conferees agree to provide $30,432,000 ing realignment can be granted. The con- for capital rehabilitation projects at govern- The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Qty. Conference

PROCUREMENT OF AMMUNITION, NAVY & MARINE CORPS PRACTICE BOMBS ...... 41,766 56,766 41,766 ...... 51,766 5 INCH/54 GUN AMMUNITION ...... 27,669 60,169 27,669 ...... 50,169 20MM PGU–28 ...... 3,500 ...... 1,750 5.56 MM, ALL TYPES ...... 33,000 36,000 33,000 ...... 36,000 7.62 MM, ALL TYPES ...... 2,900 8,900 2,900 ...... 5,900 LINEAR CHARGES, ALL TYPES ...... 2,290 17,290 2,290 ...... 9,790 40 MM, ALL TYPES ...... 5,701 10,701 5,701 ...... 7,201 FUZE, ET. XM762 ...... 7,000 ...... 3,500 ROCKETS, ALL TYPES ...... 15,047 15,047 25,047 ...... 25,047 ECONOMIC ASSUMPTIONS ...... ¥2,000 ...... ¥2,000

SHIPBUILDING AND CONVERSION, NAVY The conference agreement is as follows:

[In thousands of dollars]

Budget House Senate Qty. Conference

SHIPBUILDING & CONVERSION, NAVY ADVANCED PROCUREMENT/CONSTRUCTION CVN–77 ...... 345,000 ...... 50,000 CVN REFUELING OVERHAULS ...... 1,615,003 1,628,403 1,615,003 1 1,615,003 CVN REFUELING OVERHAULS (AP–CY) ...... 92,8553 46,855 92,855 ...... 46,855 DDG–51 ...... 2,665,767 2,695,367 3,385,767 4 3,411,200 LPD–17 (AP–CY) ...... 185,000 ...... 100,000 OCEANOGRAPHIC SIPS (AP–CY) ...... 73,000 ...... 16,000 LCAC LANDING CRAFT ...... 24,000 73,300 ...... 20,000 OUTFITTING ...... 28,140 21,140 24,140 ...... 21,140 POST DELIVERY ...... 90,177 81,177 83,177 ...... 81,177 ECONOMIC ASSUMPTIONS ...... ¥72,000 ...... ¥72,000

CVN REFUELING OVERHAULS acceleration of baseline 6 hardware and soft- pete conversion of its 27 Aegis cruisers. This The conferees agree to provide $1,615,003,000 ware for theater ballistic missile defense, direction does not supersede current Navy for complex overhaul of the U.S.S. Nimitz and $14,000,000 only for installation of coop- policy concerning homeport overhauls. (CVN–68). Within that amount, $20,000,000 is erative engagement capability on 1 ship; and LCAC SERVICE LIFE EXTENSION only for installation of the ship self-defense a decrease of $3,800,000 resulting from saving due to foreign military sale of Aegis equip- system. The conferees do not agree to bill The conferees agree to provide $20,000,000 ment. The conferees do not agree to bill lan- language proposed by the House concerning guage proposed by the House concerning the- and concur with the House report language. overhaul of CVN–69, which is no longer nec- ater ballistic missile defense, but direct the Since this program will extend the original essary since the Navy has committed to in- Navy to include cooperative engagement ca- capital investment in these craft in lieu of clude ship self-defense and cooperative en- pability and theater ballistic missile defense replacement, the conferees direct the Navy gagement capability as part of the overhaul capability on a significant number of the to use Shipbuilding and Conversion for all of the ship. DDG–51 ships to be procured under a 14 ship elements of the service life extension pro- DDG–51 multiyear contract. gram. CRUISER CONVERSION The conferees agree to provide $3,411,200,000 OTHER PROCUREMENT, NAVY for 4 ships. This includes: increases of The conferees agree to the House report $720,000,000 for another ship, $15,233,000 for language endorsing the Navy plan to com- The conference agreement is as follows: [In thousands of dollars]

Con- Budget House Senate Qty ference

OTHER PROCUREMENT, NAVY LM–2500 GAS TURBINE ...... 7,548 5,548 7,548 ...... 5,548 OTHER NAVIGATION EQUIPMENT ...... 31,552 39,052 49,552 ...... 42,052 FIREFIGHTING EQUIPMENT ...... 14,081 27,081 14,081 ...... 19,081 POLLUTION CONTROL EQUIPMENT ...... 156,775 147,775 135,775 ...... 135,775 SUBMARINE BATTERIES ...... 9,043 8,443 9,043 ...... 8,443 STRATEGIC PLATFORM SUPPORT EQUIP ...... 6,435 21,435 6,435 ...... 21,435 REACTOR COMPONENTS ...... 193,880 180,880 193,880 ...... 180,880 RADAR SUPPORT ...... 1,708 23,708 10,708 ...... 23,708 AN/SQQ–89 SURF ASW COMBAT SYSTEM ...... 16,628 16,228 16,628 ...... 16,228 SSN ACOUSTICS ...... 77,953 46,453 85,953 ...... 85,953 SURFACE SONAR WINDOWS AND DOME ...... 6,000 ...... 6,000 C–3 COUNTERMEASURES ...... 6,891 6,591 6,891 ...... 6,591 COMBAT DF ...... 10,473 5,873 10,473 ...... 5,873 BATTLE GROUP PASSIVE HORIZON EXTEN ...... 50,221 47,421 50,221 ...... 47,421 NAVY TACTICAL DATA SYSTEM ...... 14,335 24,335 26,335 ...... 25,335 COOPERATIVE ENGAGEMENT CAPABILITY ...... 114,800 ...... 75,000 JMCIS AFLOAT ...... 22,403 22,403 34,403 ...... 28,403 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) ...... 49,710 49,710 92,910 ...... 80,710 ATDLS ...... 16,991 15,391 16,991 ...... 15,391 SHALLOW WATER MCM ...... 10,000 ...... 10,000 AUTOMATIC CARRIER LANDING SYSTEM ...... 13,200 12,200 13,200 ...... 12,200 ID SYSTEMS ...... 11,293 9,193 11,293 ...... 9,193 JMCIS TACTICAL/MOBILE ...... 2,888 47,888 2,888 ...... 37,888 CALIBRATION STANDARDS ...... 2,075 2,075 20,075 ...... 12,075 SHIP COMMUNICATIONS AUTOMATION ...... 25,799 25,799 49,799 ...... 29,799 SUBMARINE COMMUNICATIONS EQUIPMENT ...... 37,239 47,239 37,239 ...... 45,239 SATCOM SHIP TERMINALS (SPACE) ...... 107,608 107,608 122,808 ...... 109,608 NSIPS ...... 20,500 ...... 20,500 JEDMICS ...... 5,000 ...... 5,000 NAVAL SHORE COMMUNICATIONS ...... 72,465 72,465 96,465 ...... 101,465 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7689 [In thousands of dollars]

Con- Budget House Senate Qty ference

INFO SYSTEMS SECURITY PROGRAM (ISSP) ...... 31,667 31,667 39,667 ...... 34,667 AN/SSQ–36 (BT) ...... 1,402 2,902 1,402 ...... 1,752 AN/SSQ–53 (DIFAR) ...... 28,382 49,382 47,382 ...... 47,382 AN/SSQ–57 ...... 4,500 ...... 500 AN/SSQ–62 (DISCASS) ...... 24,291 32,291 31,291 ...... 31,291 WEAPONS RANGE SUPPORT EQUIPMENT ...... 4,858 14,358 4,858 ...... 10,858 AVIATION LIFE SUPPORT ...... 15,345 12,645 15,345 ...... 12,645 AIRBORNE MINE COUNTERMEASURES ...... 20,192 27,692 20,192 ...... 27,692 LAMPS MK III SHIPBOARD EQUIPMENT ...... 5,805 4,560 5,805 ...... 4,560 NATO SEASPARROW ...... 6,866 10,866 14,866 ...... 12,866 SHIP SELF DEFENSE SYSTEM ...... 5,841 17,841 5,841 ...... 17,841 AEGIS SUPPORT EQUIPMENT ...... 26,813 21,113 26,813 ...... 21,113 SURFACE TOMAHAWK SUPPORT EQUIPMENT ...... 65,502 65,302 65,502 ...... 65,302 STRATEGIC MISSILE SYSTEMS EQUIP ...... 231,528 228,728 61,528 ...... 228,728 ANTI-SHIP MISSILE DECOY SYSTEM ...... 24,696 24,696 33,696 ...... 33.696 SURFACE TRAINING DEVICE MODS ...... 4,829 13,329 4,829 ...... 8,829 CONSTRUCTION & MAINTENANCE EQUIP ...... 3,700 5,200 3,700 ...... 5,200 AMPHIBIOUS EQUIPMENT ...... 6,233 11,233 6,233 ...... 9,233 POLLUTION CONTROL EQUIPMENT ...... 28,650 25,080 25,050 ...... 25,050 COMMAND SUPPORT EQUIPMENT ...... 15,915 17,915 15,915 ...... 17,915 PORT SECURITY UNIT EQUIPMENT ...... 13,500 ...... 13,500 INTELLIGENCE SUPPORT EQUIPMENT ...... 22,449 22,749 22,449 ...... 22,449 ENVIRONMENTAL SUPPORT EQUIPMENT ...... 15,678 15,678 21,678 ...... 21,678 ECONOMIC ASSUMPTIONS ...... ¥19,000 ...... ¥19,000 UNDISTRIBUTED REDUCTION ...... ¥33,000 ......

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Con- Budget House Senate ference

Other Navigation Equipment ...... 31,552 39,052 49,552 42,052 WSN–7 ...... +9,000 +18,000 +12,000 Contract savings ...... -1,500 ...... -1,500 Navy Tactical Data System ...... 14,335 24,335 26,335 25,335 Emulators ...... +12,000 +6,000 UYQ–70/cruisers ...... +10,000 ...... +5,000

PORT SECURITY UNIT EQUIPMENT priations Committees of the House and Sen- requires the incorporation of a security solu- The conferees agree to provide $13,500,000 ate prior to submission of the fiscal year 1999 tion in order to prevent unauthorized access, only for port security unit equipment for the budget on its recommendations regarding as required by National Security Policy and Coast Guard. the CPSS program. federal regulations. To meet near term and JOINT U.S./U.K. SSTD PROGRAM NAVY TACTICAL DATA SYSTEM future requirements the security system The conferees note that the Department of The conferees agree to provide $25,000,000 must be a Ratings and Maintenance Phase Defense has commissioned an independent for the Navy Tactical Data System. Within derivative of a product evaluated at the Na- study to review the Surface Ship Torpedo that amount $5,000,000 is only to install AN/ tional Security Agency (NSA) B2 level for In- Defense (SSTD) program. The conferees note UYQ–70 full production workstations on formation Security; meet NSA’s Commu- that a joint U.S./U.K. collaborative SSTD Aegis cruisers for execution only by the nications Security requirements for program has been under way since 1988 on a navy’s Tactical Embedded Computer Re- 50/50 cost share basis. until the findings of sources office. encryption of information from user desktop the independent study are reported and acted to JEDMICS servers; provide true multilevel IT–21 upon, the conferees direct the Department of security at the network level; and be a prod- Defense to continue the joint U.S./U.K. col- The Secretary of the Navy shall report to uct of US origin. Therefore, the conferees the Committees on Appropriations that laborative program. provide $5,000,000 in Other Procurement, funds allocated for IT–21 implementation CHOKE POINT SURVEILLANCE SYSTEM will be spent in accordance with the letter Navy to be used only to procure and inte- The conferees understand that the Choke and spirit of the Federal Acquisition Regula- grate into JEDMICS a security system meet- Point Surveillance System (CPSS), in con- tion and meet the requirements for security, ing the above requirements. Due to the criti- junction with forces ashore and land attack scalability, network management, real time cal nature of JEDMICS, the conferees expect missile capable ships, can provide a real- processing, and reliability as outlined in the the Department to execute a contract as time integrated surveillance and targeting Joint Technical Architecture. system. The conferees direct the Navy to in- soon as practicable. JEDMICS vestigate the possible funding and incorpora- PROCUREMENT, MARINE CORPS tion of CPSS into future weapon system The Joint Engineering Data Management plans and to provide a report to the Appro- Information and Control System (JEDMICS) The conference agreement is as follows: [In thousands of dollars]

Con- Budget House Senate Qty ference

PROCUREMENT, MARINE CORPS ITEMS UNDER $2.0 MILLION (TRKD VEH) ...... 99 1,999 99 ...... 1,999 INTELLIGENCE SUPPORT EQUIPMENT ...... 16,413 21,805 16,413 ...... 21,805 GENERAL PURPOSE MECHANICAL TMDE ...... 2,179 2,179 22,179 ...... 17,179 NIGHT VISION EQUIPMENT ...... 7,000 ...... 7,000 COMM & ELEC INFRASTRUCTURE SUPPORT ...... 41,809 84,409 66,609 ...... 66,609 5⁄4T TRUCK HMMWV (MYP) ...... 696 40,696 696 ...... 30,696 FIELD MEDICAL EQUIPMENT ...... 1,081 11,081 1,081 ...... 11,081 ECONOMIC ASSUMPTIONS ...... -3,000 ...... -3,000

AIRCRAFT PROCUREMENT, AIR FORCE The conference agreement is as follows:

[In thousands of dollars]

Budget House Senate Qty Conference

AIRCRAFT PROCUREMENT, AIR FORCE B–2A ...... 174,086 505,286 157,786 ...... 331,000 ADVANCED TACTICAL FIGHTER (AP–CY) ...... 80,864 74,864 ...... 74,864 F–15A ...... 159,000 159,000 259,800 5 226,300 H7690 CONGRESSIONAL RECORD — HOUSE September 23, 1997 [In thousands of dollars]

Budget House Senate Qty Conference

F–16 C/D (MYP) ...... 82,500 ...... 3 82,500 C–17 (MYP) ...... 1,923,311 1,914,211 2,341,811 9 1,901,611 C–17 (MYP) (AP–CY) ...... 278,200 265,600 278,200 ...... 278,200 EC–130J ...... 49,900 ...... 1 49,900 C–130J ...... 49,928 49,928 48,000 ...... 24,000 WC–130J ...... 177,000 2 132,850 CIVIL AIR PATROL A/C ...... 2,645 4,498 2,645 27 3,045 SMALL VCX (C–37) ...... 6,000 1 6,000 LARGE VCX (C–32A) ...... 190,116 190,116 ...... 2 190,116 E–8C ...... 313,991 317,991 309,291 1 313,291 PREDATOR UAV ...... 116,506 146,506 116,506 15 141,506 B–1B MOBS ...... 114,245 138,245 96,845 ...... 114,245 B–52 MODS ...... 28,907 31,807 39,307 ...... 39,307 F–15 MODS ...... 169,568 157,068 197,568 ...... 181,368 F–16 MODS ...... 216,158 199,358 232,058 ...... 220,158 C–130 MODS ...... 94,511 119,211 94,511 ...... 119,211 E–3 MODS ...... 134,659 134,659 123,559 ...... 132,159 PASSENGER SAFETY MODIFICATIONS ...... 75,000 ...... 50,000 DARP MODS ...... 67,136 139,136 163,736 ...... 150,136 F–15 POST PROD SUPP ...... 8,089 6,289 8,089 ...... 6,289 F–16 POST PROD SUPP ...... 22,402 22,402 22,402 ...... 38,402 WAR CONSUMABLES ...... 67,565 60,165 67,565 ...... 63,565 MISC PRODUCTION CHARGES ...... 275,804 269,583 267,012 ...... 275,804 DARP ...... 141,493 146,493 141,493 ...... 170,493 ECONOMIC ASSUMPTIONS ...... ¥37,000 ...... ¥37,000

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Budget House Senate Conference

B–2A ...... 174,086 505,286 157,786 331,000 Restart B–2 production ...... 331,200 ...... Increased other Government costs ...... ¥10,100 ...... Engineering Change Order growth ...... ¥6,200 ...... Increase ...... 156,914 F–22 Advanced Tactical Fighter (AP–CY) ...... 80,864 74,864 0 74,864 Transfer OPP funds to RDTEAF ...... ¥6,000 ...... ¥6,000 Delay F–22 production ...... ¥80,864 0 F–15A ...... 159,000 159,000 259,800 226,300 Attrition reserve aircraft ...... 100,800 67,300 F–16 C/D (MYP) ...... 0 82,500 0 82,500 Attrition reserve aircraft ...... 82,500 ...... 82,500 C–17 (MYP) ...... 1,923,311 1,914,211 2,341,811 1,901,611 Expiring funds ...... ¥9,100 ...... 0 Additional aircraft ...... 440,200 0 Late obligations and favorable contract negotiation ...... ¥21,700 ¥21,700 C–17 (MYP)(AP–CY) ...... 278,200 265,600 278,200 278,200 Contract savings ...... ¥12,600 ...... 0 C–130J ...... 49,928 49,928 48,000 24,000 One C–130J (shifted to NGRE account) ...... ¥49,928 ¥49,928 C–130J spares and logistics ...... 48,000 24,000 WC–130J ...... 177,000 132,850 Additional Aircraft ...... 177,000 118,000 Spares/Support Equipment ...... 14,850 Large VCX (C–32A) ...... 190,116 190,116 0 190,116 Convert 2 aircraft purchase to lease ...... ¥190,116 0 E–8C ...... 313,991 317,991 309,291 313,291 Rephased prior year requirements ...... 16,000 ...... 16,000 Improved Data Modem ...... 1,000 ...... 1,000 Excess Engineering Change Order funding ...... ¥13,000 ...... ¥13,000 Systems engineering growth ...... ¥4,700 ¥4,700 PREDATOR UAV ...... 116,506 146,506 116,506 141,506 Additional funding to purchase attrition vehicles and spare parts ...... 30,000 ...... 25,000 B–1B Mods ...... 114,245 138,245 96,845 114,245 Link 16 ...... 24,000 ...... 0 Block D modification concurrency ...... ¥17,400 0 B–52 Mods ...... 28,907 31,807 39,307 39,307 Electro-optical viewing system ...... 2,900 ...... 0 Increase ...... 10,400 10,400 F–15 Mods ...... 169,568 157,068 197,568 181,368 Terminated upgrades ...... ¥11,800 ...... ¥5,000 APG–63 radar upgrade pricing ...... ¥13,500 ...... 0 [APG–63 radar funds provided without restriction or reporting requirements] Radar support equipment ...... ¥10,000 ...... 0 F–100–220E engine upgrade ...... 22,800 22,800 12,800 MIDS fighter data link terminals ...... 5,200 4,000 F–16 Mods ...... 216,158 199,358 232,058 220,158 GPS ...... ¥13,000 ...... ¥13,000 Block 40 night vision imaging system ...... ¥3,800 ...... 0 HARM targeting system upgrades ...... 3,500 3,000 600 gallon fuel tanks ...... 10,000 8,000 Late obligations ...... ¥12,600 ¥6,000 Digital Terrain System ...... 15,000 12,000 OBOGS ...... (1,080) C–130 Mods ...... 94,511 119,211 94,511 119,211 EC–130 mod ...... 24,700 ...... 24,700 E–3 Mods ...... 134,659 134,659 123,559 132,159 Extend sentry computers and display concurrency ...... ¥8,600 0 Offensive counter air change orders ...... ¥2,500 ¥2,500 Passenger Safety Modifications ...... 0 0 75,000 50,000 Navigation safety ...... 75,000 32,500 GATM ...... 17,500 [Conferees encourage use of COTS/NDI equipment to satisfy GATM requirements] H–1 Mods ...... 2,778 3,578 3,578 3,578 Oil debris detection system ...... 800 800 800 DARP MODS ...... 67,136 139,136 163,736 150,136 MWIR Trf ...... 20,000 ...... 5,600 RJ Sensors ...... 0 ...... 35,000 RJ Reengining ...... 52,000 52,600 27,400 RJ Heaters ...... 6,000 6,000 SR–71 Mods ...... 9,000 9,000 U–2 Senior Glass ...... 24,000 0 U–2 SYERS ...... 5,000 0 F–16 Post Production Supp ...... 22,402 22,402 22,402 38,402 F–16 Improved Avionics Intermediate Shop for Air National Guard ...... 16,000 F–15 Post Prod Supp ...... 8,089 6,289 8,089 6,289 F–15 tooling disposition ...... ¥1,800 ...... ¥1,800 War Consumables ...... 67,565 60,165 67,565 63,565 Towed decoy engineering change orders ...... ¥7,400 ...... ¥4,000 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7691 EXPLANATION OF PROJECT LEVEL ADJUSTMENTS—Continued [In thousands of dollars]

Budget House Senate Conference

Misc Production Charges ...... 275,804 269,583 267,012 275,804 Podded electro-optical camera systems ...... ¥6,221 ...... 0 Reduction ...... ¥8,792 0 DARP ...... 141,493 146,493 141,493 170,493 U–2 Senior Glass ...... 24,000 U–2 SYERS ...... 5,000

B–2 prove deployability, survivability and main- than fiscal year 2001, and the plan should in- tainability. clude field installation. The conferees provide $331,000,000 for B–2 procurement for long-lead activities related F–22 AIR COMBAT TRAINING—RANGELESS (ACT–R) to the procurement of additional B–2s or for The conferees agree with the House direc- KADENA INTERIM TRAINING SYSTEM (KITS) upgrades to the existing B–2 force to improve tion regarding F–22 Out Of Production Parts The conferees are aware of a new air com- mission capabilities, deployability, and (OPPs). The conferees further agree that the bat training capability recently delivered to maintainability. authority provided in that direction applies only to the F–22. The conferees direct the Kadena Air Base, Okinawa. The Kadena In- The conferees recognize that significant terim Training System (KITS) provides a disagreement exists on the question of con- military departments to seek the prior ap- proval of the congressional defense commit- new rangeless or untethered capability al- tinued low-rate production of additional B–2 lowing it to be used on aircraft for air com- stealth bombers. The conferees believe the tees to gain similar authority for other pro- grams. bat training anywhere there is available question over whether to continue with low- training airspace over land or sea. The con- F–16 MODIFICATIONS rate B–2 production is a critical national se- ferees believe that systems like KITS can curity matter which must be decided on the The conferees direct that all new produc- provide improvements to the readiness of our basis of future national security require- tion F–16 aircraft shall include On-Board Ox- forward deployed forces. The conferees direct ments, projected threats, and affordability. ygen Generating Systems (OBOGS), includ- the Air Force to review and evaluate KITS Therefore, the conferees have included a gen- ing the six aircraft approved in fiscal year as it applies to immediate air combat train- eral provision (Section 8131) establishing a (FY) 1997. The conferees further direct that ing requirements throughout the active and panel to review and make recommendations $1,080,000 within the F–16 Modifications line reserve component air forces and to submit a on this matter. The panel shall report to the shall be available only to make the nec- report to the Appropriations Committees on President and Congress no later than March essary production changes to incorporate its procurement and fielding plans for this 1, 1998 its conclusions and recommendations, OBOGS in new production F–16’s. system. including whether additional funds for the The conferees support the Air Force’s B–2 should be used for continued low-rate planned four-year OBOGS installation pro- MISSILE PROCUREMENT, AIR FORCE production of the B–2 or for upgrades to im- gram for F–16’s scheduled to start no later The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Qty. Conference

MISSILE PROCEDURE, AIR FORCE HAVE NAP ...... 39,000 ...... 25,000 JOINT STANDOFF WEAPON ...... 1,139 30,139 1,139 ...... 20,139 AMRAAM ...... 117,768 107,168 76,668 173 107,168 AGM–130 POWERED GBU–15 ...... 1,539 42,539 1,539 ...... 25,000 CONVENTIONAL ALCM ...... 15,300 ...... AGM–88A HARM ...... 9,600 ...... 9,600 AGM–65 MAVERICK ...... 11,000 ...... 8,000 GLOBAL POSITIONING (MYP) SPACE ...... 163,837 122,137 163,837 3 163,837 TITAN SPACE BOOSTERS SPACE ...... 555,304 473,304 455,304 ...... 464,304 MEDIUM LAUNCH VEHICLE SPACE ...... 165,783 147,783 165,783 4 156,783 DEFENSE SUPPORT PROGRAM (MYP) SPACE ...... 113,708 108,708 113,708 ...... 108,708 SPECIAL PROGRAMS ...... 773,400 597,400 737,900 ...... 658,400 ECONOMIC ASSUMPTIONS ...... ¥18,000 ...... ¥18,000

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Budget House Senate Conference

AMRAAM ...... 117,768 107,168 76,668 107,168 Excess engineering change order funding ...... ¥10,600 ...... ¥10,600 Contractor overcharging ...... ¥41,100 0

GLOBAL POSITIONING SYSTEM (GPS) ring the acquisition of one GPS satellite. the next block of GPS satellites under the The conferees agree to provide $163,837,000 The conferees direct the Department of the terms of a multiyear contract with the alter- for the acquisition of three satellites in fis- Air Force to submit an acquisition plan to native of procuring the satellites under a cal year 1998. The conferees agree that while the Appropriations Committees for the next base year contract with variable quantity the Air Force is procuring GPS satellites multiyear procurement of GPS satellites options. These reports shall be submitted no well in advance of their actual need, the which more closely aligns the acquisition of later than March 31, 1998. total costs of modifying the present GPS satellites with actual launch need dates. The PROCUREMENT OF AMMUNITION, AIR FORCE multiyear contract are greater than the Air Force is also directed to submit a report short term saving to be derived from defer- which compares the total costs of procuring The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Qty Conference

PROCUREMENT OF AMMUNITION, AIR FORCE: 20MM PGU–28 ...... 3,500 ...... 1,750 GBU–29 HARD TARGET PENETRATOR ...... 16,800 ...... 8,400 JOINT DIRECT ATTACK MUNITION ...... 61,307 61,307 61,307 2,673 56,307 WIND CORRECTED MUNITIONS DISPENSER ...... 19,871 10,471 19,871 280 12,271 ECONOMIC ASSUMPTIONS ...... ¥3,000 ...... ¥3,000

OTHER PROCUREMENT, AIR FORCE The conference agreement is as follows: H7692 CONGRESSIONAL RECORD — HOUSE September 23, 1997 [In thousands of dollars]

Budget House Senate Qty Conference

OTHER PROCUREMENT, AIR FORCE: ITEMS LESS THAN $2,000,000 ...... 5,025 3,625 5,025 —— 3,625 HMMWV, ARMORED ...... 24,181 7,781 24,181 125 24,181 ITEMS LESS THAN $2,000,000 ...... 6,738 6,194 6,738 —— 6,194 60K A/C LOADER ...... 83,143 51,143 83,143 45 83,143 INTELLIGENCE DATA HANDLING SYS ...... 20,739 24,339 20,739 —— 24,339 WEATHER OBSERV/FORCAST ...... 18,013 22,013 18,013 —— 22,013 STRATEGIC COMMAND AND CONTROL ...... 20,505 19,005 20,505 —— 20,505 TAC SIGINT SUPPORT ...... 4,114 9,114 4,114 —— 6,114 MINIMUM ESSENTIAL EMERGENCY COMM NET ...... 3,488 3,488 3,488 —— 11,988 C3 COUNTERMEASURES ...... 14,904 13,004 14,904 —— 13,004 BASE LEVEL DATA AUTO PROGRAM ...... 46,778 46,778 55,678 —— 46,778 BASE INFORMATION INFRASTRUCTURE ...... 88,945 136,945 88,945 —— 112,945 AF SATELLITE CONTROL NETWORK SPACE ...... 32,197 23,097 32,197 —— 23,097 TACTICAL C–E EQUIPMENT ...... 16,968 16,968 54,968 —— 34,968 RADIO EQUIPMENT ...... 12,844 19,344 12,844 —— 19,344 ITEMS LESS THAN $2,000,000 ...... 8,960 6,160 8,960 —— 8,960 NIGHT VISION GOGGLES ...... 2,371 13,271 2,371 —— 2,371 FLOODLIGHTS SET TYPE NF2D ...... 7,696 4,696 7,696 —— 6,196 MEDICAL/DENTAL EQUIPMENT ...... 13,295 8,095 13,295 —— 10,695 PRODUCTIVITY INVESTMENTS ...... 5,980 5,980 10,980 —— 10,980 INTELLIGENCE PRODUCTION ACTIVITY ...... 60,572 58,572 49,272 —— 50,072 DARP RC135 ...... 12,778 47,778 12,778 —— 12,778 SELECTED ACTIVITIES ...... 5,003,960 4,994,490 5,080,160 —— 5,016,060 ECONOMIC ASSUMPTIONS ...... —— —— ¥25,000 —— ¥25,000 CIVIL AIR PATROL ...... —— —— —— —— 500

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Budget House Senate Conference

ITEMS LESS THAN $2,000,000 ...... 5,025 3,625 5,025 3,625 Minor replacement items ...... ¥1,400 ...... ¥1,400 HMMWV, Armored ...... 24,181 7,781 24,181 24,181 Duplicative force protection/anti-terrorist items ...... ¥16,400 ...... 0 Items less than $2,000,000 ...... 6,738 6,194 6,738 6,194 Contract savings and contingency funding ...... ¥544 ...... ¥544 60K A/C Loader ...... 83,143 51,143 83,143 83,143 Production ramp-up ...... ¥32,000 ...... 0 Intelligence Data Handling Sys ...... 20,739 24,339 20,739 24,334 JSAS ...... 3,600 ...... 3,600 Weather Observ/Forcast ...... 18,013 22,013 18,013 22,013 ASOS ...... 4,000 ...... 4,000 Strategic Command and Control ...... 20,505 19,005 20,505 20,505 Improved Technical Data System ...... ¥10,000 ...... 0 DIRECT (transfer to MEECN) ...... 8,500 ...... 0 Tac Sigint Support ...... 4,114 9,114 4,114 6,114 Integrated Broadcast Service ...... 5,000 ...... 2,000 MEECN ...... 3,488 3,488 3,488 11,988 DIRECT (transfer from Strategic Command and Control) ...... 8,500 C3 Countermeasures ...... 14,904 13,004 14,904 13,004 Excess prior year funds ...... ¥1,900 ...... ¥1,900 BASE LEVEL DATA AUTO PROGRAM ...... 46,778 46,778 55,678 46,778 REMIS ...... 8,900 ...... [Conferees agree to provide $8,900,000 in O&M,AF for this purpose.] Base Information Infrastructure ...... 88,945 136,945 88,945 112,945 Security enhancements to base information systems ...... 48,000 ...... 24,000 AF Satellite Control Network Space ...... 32,197 23,097 32,197 23,097 Cancellation of Military Satellite Communications system ...... ¥9,100 ...... ¥9,100 Tactical C–E Equipment ...... 16,968 16,968 54,968 34,968 Theater deployable communications ...... 38,000 18,000 Radio Equipment ...... 12,844 19,344 12,844 19,344 Scope Command ...... 6,500 ...... 6,500 ITEMS LESS THAN $2,000,000 ...... 8,960 6,160 8,960 8,960 Contract award delays ...... ¥2,800 ...... 0 Night Vision Goggles ...... 2,371 13,271 2,371 2,371 Accelerate procurement ...... 10,900 ...... 0 Floodlights Set Type NF2D ...... 7,696 4,696 7,696 6,196 Contract award delays ...... ¥3,000 ...... ¥1,500 Medical/Dental Equipment ...... 13,295 8,095 13,295 10,695 Prior year program savings ...... ¥5,200 ...... ¥2,600 Productivity Investments ...... 5,980 5,980 10,980 10,980 Supply asset tracking systems ...... 5,000 5,000 Civil Air Patrol ...... 500 [Transfer from Aircraft Procurement, Air Force]

PROCUREMENT, DEFENSE-WIDE The conference agreement is as fol- lows:

[In thousands of dollars]

Budget House Senate Qty Conference

PROCUREMENT, DEFENSE-WIDE: MAJOR EQUIPMENT, OSD ...... 104,601 114,601 104,601 ...... 114,601 DEFENSE AIRBORNE RECONNAISSANCE PROGRAM ...... 14,380 44,955 14,380 ...... 14,380 ITEMS LESS THAN $2.0 MILLION ...... 7,461 14,661 14,461 ...... 14,661 AUTOMATIC DOCUMENT CONVERSION SYSTEM ...... 10,000 20,000 ...... 20,000 MAJOR EQUIPMENT, DSPO ...... 19,334 14,334 19,334 ...... 19,334 MAJOR EQUIPMENT, TJS ...... 46,847 46,847 36,847 ...... 36,847 PATRIOT PAC–3 ...... 349,109 ...... 52 349,109 NAVY AREA TBDM PROGRAM ...... 15,400 ...... 15,400 BMC3 ...... 20,100 ...... 20,100 SOF ROTARY WING UPGRADES ...... 36,042 36,042 76,542 ...... 36,042 PC, CYCLONE CLASS ...... 10,700 ...... 10,700 ADVANCED SEAL DELIVERY SYSTEM (ASDS) ...... 38,800 38,800 38,800 ...... 4,500 ADVANCED SEAL DELIVERY SYSTEM (ASDS) (AP–CY) ...... 2,465 2,465 2,465 ...... 365 REMOTE ACTIVATION MUNITION SYSTEM ...... 2,000 ...... 1,000 SOF INTELLIGENCE SYSTEM ...... 21,175 25,475 23,175 ...... 24,175 SOF SMALL ARMS & WEAPONS ...... 10,269 10,269 12,669 ...... 11,269 SOLDIER ENHANCEMENT PROGRAM ...... 2,300 ...... 2,300 CLASSIFIED PROGRAMS ...... 108,339 112,539 108,339 ...... 112,539 CLASSIFIED PROTECTION ...... 64,855 74,855 64,855 ...... 79,855 COLLECTIVE PROTECTION ...... 17,316 37,316 17,316 ...... 27,316 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7693 [In thousands of dollars]

Budget House Senate Qty Conference

CLASSIFIED PROGRAM ...... 354,289 359,289 358,289 ...... 355,039 ECONOMIC ASSUMPTIONS ...... ¥12,000 ...... ¥12,000

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Budget House Senate Conference

Special Operations Command Other Procurement: SOF Intelligence Systems ...... 21,175 25,475 23,175 24,175 ISP/MATTS ...... +1,800 ...... +1,500 JTWS ...... +2,000 +2,000 +1,500 SOF Small Arms & Weapons ...... 10,269 10,269 12,669 11,269 Night Firing Scopes for M4A1 Carbines ...... +2,400 +1,000 Chemical/Biological Defense: Individual Protection ...... 64,855 74,855 64,855 79,855 JSLIST suits ...... +10,000 ...... +5,000 JSLIST industrial production ...... +10,000 Collective Protection ...... 17,316 37,316 17,316 27,316 Collective Protection Shortfalls in Korea ...... +20,000 ...... +5,000 M17–LDS water sprayers ...... +2,000 7 HMVV medical shelters ...... +3,000

SECURE TERMINAL EQUIPMENT initial cost for this procurement prompts the JSLIST PRODUCTION The conferees direct that $17,000,000 of the conferees to encourage SOCOM to conduct a The conferees recommend an increase of funds appropriated for Procurement, De- fresh review of the field of competition on fense-wide be made available only for the the next round of procurement for large (30 $10,000,000 to the Marine Corps, specifically procurement of the tactical Secure Terminal foot and above) rib boats. The conferees re- to cover the nonrecurring facilitation and Equipment program. quest that SOCOM keep the Congressional equipment costs incurred by the three Na- tional Industries for the Severely Handi- SOCOM PROCUREMENT OF NAVAL SPECIAL defense committees informed of its plans for capped (NISH) affiliated community reha- WARFARE BOATS future procurement of this type. bilitation centers currently under contract The recent acquisition strategy initiated ADVANCED SEAL DELIVERY SYSTEM that form Department of Defense Joint Serv- by the Special Operations Command In response to a request from the Special ice Lightweight Integrated Suits (JSLIST) (SOCOM) to procure new Naval Special War- Operations Command, the conferees have re- program industrial base. The Department fare 33 foot rib boat systems resulted in an duced the Advanced Seal Delivery System initial procurement of boat systems that (ASDS) Procurement lines by $36,400,000 and may vest the title to the facilities and equip- cost about $1,000,000 each, while other com- added the same amount to the Special Oper- ment with these three contractors. petitive designs being procured by other fed- ations Tactical Systems Development NATIONAL GUARD AND RESERVE EQUIPMENT eral agencies were reportedly available for project in Title IV to complete the final less than one-third that amount. The high stage of ASDS development. The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Qty. Conference

NATIONAL GUARD & RESERVE EQUIPMENT RESERVE EQUIPMENT ARMY RESERVE MISCELLANEOUS EQUIPMENT ...... 20,000 65,000 ...... 75,000 CH–47 D CARGO (CHINOOK) ...... 65,000 ...... NAVY RESERVE MISCELLANEOUS EQUIPMENT ...... 5,000 40,000 ...... 80,000 C–9 REPLACEMENT AIRCRAFT ...... 40,000 ...... F–14A MODS ...... 34,000 ...... MAGIC LANTERN ...... 7,500 ...... F/A–18 MODS ...... 58,000 ...... MARINE CORPS RESERVE MISCELLANEOUS EQUIPMENT ...... 25,000 40,000 ...... 65,000 CH–53 HELICOPTERS ...... 64,000 ...... T–39 REPLACEMENT AIRCRAFT ...... 10,000 ...... 10,000 AIR FORCE RESERVE MISCELLANEOUS EQUIPMENT ...... 45,000 40,000 ...... 50,000 LOGISTIC SUPPORT FOR WC–130J ...... 29,700 ...... C–5 SIMULATOR ...... 27,000 ...... MATIONAL GUARD EQUIPMENT ARMY NATIONAL GUARD MISCELLANEOUS EQUIPMENT ...... 43,000 140,00 ...... 70,000 VIBRATION MANAGEMENT ENHANCEMENT PROGRAM ...... 3,000 ...... UH–60L ...... 3,000 ...... LASER LEVELING ...... 1,000 ...... ENGAGEMENT SKILLS TRAINERS ...... 3,000 ...... MELIOS, AN–PVS–6 ...... 5,000 ...... AIR NATIONAL GUARD MISCELLANEOUS EQUIPMENT ...... 5,000 40,000 ...... 25,000 C–130J ...... 293,000 95,800 4 226,000 EC–130J ...... 70,500 ...... KC–135R ENGINE KITS ...... 100,000 52,000 2 52,000 F–16 IMPROVED AVIONICS INTERMEDIATE SHOP ...... 32,000 ...... ULTIMATE BUILDING MACHINES ...... 1,500 ......

MISCELLANEOUS EQUIPMENT F–14A modifications, magic lantern, F/A–18 scout modifications, field artillery ammuni- The conferees agree that each of the Chiefs modifications, C–9 replacement aircraft, CH– tion support vehicles (FAASVs), KC–135R of the Reserve and National Guard compo- 53 helicopters, C–5 simulators, vibration reengining, night vision devices and driver’s nents should exercise control of moderniza- management enhancement program, UH–60L, night viewers, heavy equipment transport tion funds provided in this account including laser leveling equipment, engagement skills system (HETS), paladin, M–1A2 tanks, CH–47 aircraft and aircraft modernization. The con- trainers, MELIOS night vision devices, F–16 FADEC, medium truck extended service pro- ferees further agree that separate submis- improved avionics intermediate shops, ulti- grams (ESP), F–16 C/D onboard oxygen gen- sions of a detailed assessment of its mod- mate building machines, air defense alerting erating system field installation and evalua- ernization priorities by each of the Guard devices (ADAD), A–2 bradley upgrades, ALR– tion by the Air National Guard, M–270 and Reserve component commanders is re- 56 radar warning receiver, AN/TQM–41 MMS, launcher mechanical systems (ILMS), high quired to be submitted to the defense com- avengers, theater deployable communication mobility multipurpose wheeled vehicles, mittees. The conferees expect the component packages, dragon missile upgrades, multiple LITENING targeting and navigation pods, commanders to give priority consideration launch rocket system (MLRS), magic lan- all-terrain cranes, modular airborne fire to the following items: CH–47D helicopters, tern spares, small arms simulators, senior fighting system units, CH–47 internal crash H7694 CONGRESSIONAL RECORD — HOUSE September 23, 1997 worthy fuel cells, back scatter truck inspec- deployable universal combat earth movers, T–39 replacement aircraft tion systems, night vision equipment, CH–47 HEMTT wreckers, and AN/VRC–102 Radios. for the Marine Corps Re- ICH aircraft, commercial industrial equip- serves ...... $10,000,000 ment, high speed dirt compactors, AH–64 NATIONAL GUARD AND RESERVE AIRCRAFT C–130J aircraft for the Air combat mission simulators, high mobility The conferees agree to provide $288,000,000 National Guard (4) ...... 226,000,000 KC–135R engine kits for the trailers for HMMWVs, palletized loading sys- specifically for the acquisition and mod- Air National Guard ...... 52,000,000 tems, heavy expanded mobility tactical ernization of the following aircraft to sup- TITLE IV—RESEARCH, DEVELOPMENT, truck wreckers, M109A6, automatic building port Reserve and National Guard missions: machines, air defense alerting device sys- TEST AND EVALUATION tems, interactive simulators, master cranes, The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Conference

RDTE, ARMY ...... 4,510,843 4,686,427 4,984,083 5,156,507 RDTE, NAVY ...... 7,611,022 7,907,837 7,532,846 8,115,686 RDTE, AIR FORCE ...... 14,451,379 14,313,456 14,127,873 14,507,804 RDTE, DEFENSE-WIDE ...... 9,069,680 9,509,337 9,608,689 9,821,760 DEVELOPMENTAL TEST AND EVALUATION ...... 268,183 268,183 251,183 258,183 OPERATIONAL TEST AND EVALUATION ...... 23,384 32,684 31,384 31,384 GRAND TOTAL, RDTE ...... 35,934,491 36,717,924 36,536,058 37,891,324

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY The conference agreement is as follows:

[In thousands of dollars]

Budget House Senate Conference

RESEARCH DEVELOPMENT TEST & EVAL ARMY: IN-HOUSE LABORATORY INDEPENDENT RESEARCH ...... 15,113 14,113 15,113 14,113 DEFENSE RESEARCH SCIENCES ...... 138,165 120,165 136,798 125,798 UNIVERSITY AND INDUSTRY RESEARCH CENTERS ...... 45,576 45,576 52,876 46,576 MATERIALS TECHNOLOGY ...... 9,811 9,811 13,811 12,811 SENSORS AND ELECTRONIC SURVIVABILITY ...... 19,294 24,294 21,794 26,794 AVIATION TECHNOLOGY ...... 27,282 22,282 25,982 22,982 EW TECHNOLOGY ...... 16,528 16,528 19,528 19,528 MISSILE TECHNOLOGY ...... 22,335 22,335 26,335 25,335 COMBAT VEHICLE AND AUTOMOTIVE TECHNOLOGY ...... 33,112 40,112 58,112 62,112 BALLISTICS TECHNOLOGY ...... 33,317 38,317 33,317 41,317 CHEMICAL, SMOKE AND EQUIPMENT DEFEATING TECHNOLOGY ...... 4,739 2,739 4,739 3,739 JOINT SERVICE SMALL ARMS PROGRAM ...... 4,786 9,286 7,786 9,286 WEAPONS AND MUNITIONS TECHNOLOGY ...... 26,980 26,980 30,876 30,876 ELECTRONICS AND ELECTRONIC DEVICES ...... 20,192 22,692 26,042 26,792 HUMAN FACTORS ENGINEERING TECHNOLOGY ...... 14,256 18,256 19,356 17,256 ENVIRONMENTAL QUALITY TECHNOLOGY ...... 17,519 42,219 58,419 61,919 MILITARY ENGINEERING TECHNOLOGY ...... 36,422 43,922 47,422 58,422 LOGISTICS TECHNOLOGY ...... 17,689 19,689 17,689 18,689 MEDICAL TECHNOLOGY ...... 74,684 142,484 74,684 165,484 MEDICAL ADVANCED TECHNOLOGY ...... 10,677 142,177 196,277 190,177 AVIATION ADVANCED TECHNOLOGY ...... 31,330 53,830 34,330 92,330 WEAPONS AND MUNITIONS ADVANCED TECHNOLOGY ...... 18,255 25,255 30,255 26,255 COMBAT VEHICLE AND AUTOMOTIVE ADVANCED TECHNOLOGY ...... 32,685 35,685 35,285 42,242 COMMAND, CONTROL, COMMUNICATIONS ADVANCED TECHNOLOGY ...... 19,688 19,688 28,688 26,688 TRACTOR HIKE ...... 14,350 ...... 14,350 14,350 TRACTOR ROSE ...... 9,204 9,204 11,204 11,204 MISSILE AND ROCKET ADVANCED TECHNOLOGY ...... 117,139 59,439 120,139 93,839 LANDMINE WARFARE AND BARRIER ADVANCED TECHNOLOGY ...... 19,332 25,932 32,932 32,932 JOINT SERVICE SMALL ARMS PROGRAM ...... 4,754 11,754 7,754 9,254 LINE-OF-SIGHT TECHNOLOGY DEMONSTRATION ...... 13,000 ...... 13,000 5,000 MILITARY ENGINEERING ADVANCED TECHNOLOGY ...... 12,231 12,231 24,331 20,331 ARMY MISSILE DEFENSE SYSTEMS INTEGRATION (DEM/VAL) ...... 24,138 55,638 87,638 75,638 ARMAMENT ENHANCEMENT INITIATIVE ...... 40,313 60,313 33,313 38,313 NATO RESEARCH AND DEVELOPMENT ...... 13,168 ...... 13,168 9,168 AVIATION—ADV DEV ...... 7,132 15,132 12,132 14,132 ARTILLERY SYSTEMS—DEM/VAL ...... 324,380 324,380 301,321 324,380 EW DEVELOPMENT ...... 66,212 86,524 67,712 87,024 ALL SOURCE ANALYSIS SYSTEM ...... 24,045 27,545 27,245 27,245 FAMILY OF HEAVY TACTICAL VEHICLES ...... 5,000 ...... 5,000 ADVANCED COMMAND AND CONTROL VEHICLE (AC2V) ...... 8,867 8,867 11,867 10,867 ENGINEER MOBILITY EQUIPMENT DEVELOPMENT ...... 56,196 56,196 50,196 52,196 COMBAT FEEDING, CLOTHING, AND EQUIPMENT ...... 55,964 65,264 55,964 61,964 NON-SYSTEM TRAINING DEVICES—ENG DEV ...... 76,749 76,749 81,749 80,249 AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DE ...... 18,350 18,350 22,350 22,350 AUTOMATIC TEST EQUIPMENT DEVELOPMENT ...... 2,582 11,582 2,582 8,582 BRILLIANT ANTI-ARMOR SUBMUNITION (BAT) ...... 202,302 202,302 187,302 237,302 COMBINED ARMS TACTICAL TRAINER (CATT) ...... 2,823 13,323 2,823 13,323 WEAPONS AND MUNITIONS—ENG DEV ...... 3,577 3,577 5,077 5,077 LANDMINE WARFARE/BARRIER—ENG DEV ...... 22,605 8,905 8,732 8,732 SENSE AND DESTROY ARMAMENT MISSILE—ENG DEV ...... 22,372 5,494 22,372 11,494 THREAT SIMULATOR DEVELOPMENT ...... 14,004 14,004 18,004 17,004 ARMY KWAJALEIN ATOLL ...... 138,769 138,769 124,769 124,769 DOD HIGH ENERGY LASER TEST FACILITY ...... 14,952 30,952 29,952 29,952 MATERIAL SYSTEMS ANALYSIS ...... 29,707 14,707 29,707 29,707 SUPPORT OF OPERATIONAL TESTING ...... 81,672 51,672 81,672 81,672 PROGRAMWIDE ACTIVITIES ...... 86,208 66,208 82,208 82,208 INTERNATIONAL COOPERATIVE RESEARCH AND DEVELOPMENT ...... 1,581 1,581 — — MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY ...... 6,317 9,317 6,317 11,417 ENVIRONMENTAL COMPLIANCE ...... 51,378 56,378 58,378 58,378 MAINTENANCE AND REPAIR (RPM)—RDT&E ...... 85,119 85,119 86,419 86,419 MANAGEMENT HEADQUARTERS (RESEARCH AND DEVELOPMENT) ...... 4,837 4,837 31,337 25,837 MLRS PRODUCT IMPROVEMENT PROGRAM ...... 26,678 26,678 40,378 37,678 AEROSTAT JOINT PROJECT OFFICE ...... 86,193 — 96,193 35,000 COMBAT VEHICLE IMPROVEMENT PROGRAMS ...... 136,520 152,520 176,720 167,020 AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS ...... 2,609 22,609 32,609 22,609 DIGITIZATION ...... 156,960 75,560 120,043 71,560 MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM ...... 17,412 27,412 31,412 31,412 JOINT TACTICAL GROUND SYSTEM ...... 3,195 6,195 3,195 5,195 SPECIAL ARMY PROGRAM ...... 5,547 7,417 5,547 7,547 INFORMATION SYSTEMS SECURITY PROGRAM ...... 9,647 12,147 9,647 12,147 SATCOM GROUND ENVIRONMENT (SPACE) ...... 57,827 57,827 56,227 56,227 END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES ...... 44,326 54,326 57,326 66,326 FORCE XXI INITIATIVE ...... — 38,900 — 38,900 STRIKER ...... — 3,900 — 3,900 MORTAR FIRE CONTROL ...... — 10,000 — 10,000 ECONOMIC ASSUMPTIONS ...... — — ¥17,000 ¥17,000 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7695 [In thousands of dollars]

Budget House Senate Conference

COUNTER MRL—TSPO ...... — 5,000 — 2,000 RADIO FREQUENCY ...... — — — 1,700 LIGHTWEIGHT LASER DESIGNATOR/RANGE FINDER ...... — — — 2,800 COMBAT SYNTHETIC TRAINING ASSESSMENT RANGE ...... — — — 5,400 ARMY AIRBORNE COMMAND & CONTROL SYSTEM ...... — — — 11,000

EXPLANATION OR PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Budget House Senate Conference

Defense Research Sciences ...... 138,165 120,165 136,798 125,798 Program growth ...... ¥18,000 ...... ¥10,000 Defense Information Warfare Initiative ...... (1,000) +3,500 +2,500 Scientific problems with military applications ...... ¥4,867 ¥4,867 University and Industry Research Centers ...... 45,576 45,576 52,876 46,576 Federated Labs ...... +2,300 (2,300) (Note: The conferees direct that within funds available, an additional $2,300,000 is to be used for the federated labs.) Hypervelocity physics project ...... +1,000 +1,000 Electric Rail Gun ...... +4,000 0 (Note: Transferred to Ballistics Technology.) Sensors and Electronic Survivability ...... 19,294 24,294 21,794 26,794 PDCUE ...... +2,500 +2,500 Passive millimeter wave camera ...... +5,000 ...... +5,000 Aviation Technology ...... 27,282 22,282 25,982 22,982 FY 1997 Freeze ...... ¥5,000 ...... ¥3,000 Budget correction ...... ¥1,300 ¥1,300 Combat vehicle and automotive technology ...... 33,112 40,112 58,112 62,112 Voice Instructional Device ...... +3,000 ...... +3,000 Tank and Vehicle Simulation Laboratory ...... +6,000 ...... +6,000 National Automotive Center ...... +4,000 +4,000 Joint Robotics Development Program on Ground vehicle survivability ...... +6,000 +4,500 Air Defense Alerting Device integration—Bradley Stinger Vehicle ...... +5,000 +4,000 High-output diesel engine testing ...... (1,000) +1,000 +1,000 HMMWV 6.2L engine rebuild program ...... +4,000 +4,000 Alternative vehicle propulsion systems ...... +5,000 +2,500 Program termination ...... ¥2,000 ...... 0 Ballistics technology ...... 33,317 38,317 33,317 41,317 Liquid propellant ...... +5,000 ...... +4,000 Electric Rail Gun ...... 0 0 0 +4,000 (Note: Transferred from University & Research Centers.) Weapons and Munitions Technology ...... 26,980 26,980 30,876 30,876 Budget correction ...... ¥1,104 ¥1,104 Plastic-cased ammunition ...... +5,000 +5,000 Electronics and electronic Devices ...... 20,192 22,692 26,042 +26,792 Thermophotovoltaic generators ...... +2,500 ...... +1,500 ‘‘AA’’ zinc battery ...... +1,500 +1,500 Low-cost reusable alkaline manganese zinc ...... +1,000 +1,000 Enzyme-based chemical & biological detection technology ...... +2,250 +1,500 Advanced nonmetallic rechargeable battery system ...... +600 +600 Rechargeable coin cells ...... +500 +500 Environmental Quality Technology ...... 17,519 42,219 58,419 61,919 Gallo Center ...... +5,000 ...... +4,000 Natural Gas boiler demonstration—CERL ...... +2,000 ...... 0 Commercialization of Technologies to Lower Defense Cost Init...... +5,000 ...... +5,000 Bioremediation Education, Science, & Technology Center ...... +4,000 +4,000 +4,000 Plasma Energy Pyrolysis System ...... +8,700 +8,700 +6,000 Radford Environmental Development & Management Program ...... +6,000 +5,000 Environmental projects at the WETO facility ...... +8,800 +7,000 Small Business development program ...... +5,400 +5,400 Agriculturally based remediation in Pacific Island ecosystems ...... +4,000 +4,000 Resource Recovery Technology Center ...... +4,000 0 Computer based land management ...... +4,000 Military Engineering Technology ...... 36,422 43,922 47,422 58,422 Cold Regions Research and Engineering Lab ...... +1,000 +1,000 Climate change fuel cells—U.S. Army ...... +7,500 ...... +7,500 Center for Geosciences Atmospheric Research ...... +10,000 +7,500 Molten carbonate fuel cells technology ...... +6,000 Medical Technology ...... 74,684 142,484 74,684 165,484 Neurotoxin Exposure Treatment research ...... +25,000 ...... +25,000 Neurofibromatosis ...... +9,800 ...... +9,800 Army nutrition research ...... +3,500 ...... +3,500 Orthopedic implant research (Volumetrically controlled manufacturing) ...... +3,500 ...... +2,500 LSTAT ...... +6,000 ...... 0 Ovarian cancer ...... +10,000 ...... +10,000 Prostate cancer research ...... +10,000 ...... +40,000 Medical Advanced Technology ...... 10,677 142,177 196,277 190,177 Army-managed peer-reviewed breast cancer research ...... +100,000 +175,000 +135,000 MRE nutrition research ...... +3,600 0 Prostate cancer diagnostic imaging ...... +5,000 +5,000 National Medical Testbed ...... +8,000 ...... +8,000 Intravenous membrane oxygenator tech ...... +1,000 0 Mustard gas research ...... +1,000 +1,000 Walter Reed Lab upgrades ...... +6,000 ...... +6,000 Advanced cancer detection ...... +3,500 ...... +3,500 Cooperative teleradiology ...... +3,000 ...... +3,000 Advanced trauma care ...... +6,000 ...... +3,000 Artificial lung research ...... +1,500 ...... +1,500 Emergency telemedicine ...... +3,500 ...... +2,500 Volume Angiocat (VAC) ...... +4,000 Periscopic minimally-invasive surgery ...... +3,000 Proton beam ...... +4,000 Aviation Advanced Technology ...... 31,330 53,830 34,330 92,330 Short range UAV ...... +5,000 ...... 0 Integrated manned and unmanned aerial vehicle study ...... +2,500 ...... +1,000 Stinger Universal launcher ...... +11,600 ...... +11,600 Starstreak ...... +3,400 +3,000 +3,400 Outrider UAV ...... +45,000 Weapons and Munitions Advanced Tech ...... 18,255 25,255 30,255 26,255 Trajectory correctable munition ...... +5,000 +8,000 +6,000 Precision guided mortar munition ...... +2,000 +4,000 +2,000 Combat Vehicle and Automotive Adv Tech ...... 32,685 35,685 35,285 42,242 Composite armored vehicle technology transfer ...... +3,000 ...... +2,000 Aluminum metal matrix composites ...... +9,000 +6,500 Commercial derivative engine for the palletized load system ...... +3,600 +3,600 Program adjustment ...... ¥10,000 ¥2,543 Command, Control, Communications—Adv Tech ...... 19,688 19,688 28,688 26,688 Wavenet technology ...... +4,000 +2,000 Field Laser Radar Demo (FLD) Data Analysis Center ...... +5,000 +5,000 Missile and Rocket Advanced Technology ...... 117,139 59,439 120,139 93,839 H7696 CONGRESSIONAL RECORD — HOUSE September 23, 1997 EXPLANATION OR PROJECT LEVEL ADJUSTMENTS—Continued [In thousands of dollars]

Budget House Senate Conference

EFOG–M ...... ¥57,700 ...... ¥26,300 Future missile technology integration ...... +3,000 +3,000 Landmine Warfare and Barrier Adv. Tech...... 19,332 25,932 32,932 32,932 Vehicular Mounted Mine Detection ...... +2,700 +2,700 +2,700 Stand off ground penetrating radar ...... +3,900 +3,900 +3,900 Airborne standoff minefield detection system ...... +7,000 +7,000 Joint Service Small Arms Program ...... 4,754 11,754 7,754 9,254 OICW ...... +5,500 +3,000 +3,000 Adv. light antiarmor weapons system ...... +1,500 ...... +1,500 Military Engineering Advanced Technology ...... 12,231 12,231 24,331 20,331 Rapidly installed breakwater technology ...... +2,000 +2,000 Civil engineer assistance to forward deployed engineer forces ...... +2,000 +2,000 Combat engineering systems logistics over shore ...... +8,100 +4,100 Advanced light anti-armor weapons system ...... (4,500) 0 Army Missile Defense Systems Integration ...... 24,138 55,638 87,638 75,638 Battlefield Integration Center ...... +22,000 +17,000 THEL ...... +31,500 +41,500 +34,500 Armament Enhancement Initiative ...... 40,313 60,313 33,313 38,313 TERM-KE-seeker development, lethality testing, & associated-hardware ...... +20,000 +10,000 +15,000 Smart-top attack ...... ¥17,000 ¥17,000 (Note: The conferees expect the Army to submit a reprogramming for appropriate close out and termination costs.) Aviation Adv Dev ...... 7,132 15,132 12,132 14,132 Integrated aircrew common helmet ...... +3,000 ...... +2,000 Retinal display technologies-integrated crew helmet ...... +5,000 +5,000 +5,000 EW Development ...... 66,212 86,524 67,712 87,024 Force XXI lessons learned (GBCS) ...... +20,312 ...... +15,312 Suite of integrated countermeasures ...... ¥6,000 0 ATIRCM ...... +7,500 +5,500 Brilliant Anti-armor submunition ...... 202,302 202,302 187,302 237,302 BAT P31 ...... ¥15,000 0 Transfer from procurement ...... +35,000 DoD High Energy Laser Test Facility ...... 14,952 30,952 29,952 29,952 THEL testing at HELSTF ...... +10,000 +10,000 +10,000 High energy solid state laser development ...... +6,000 +5,000 +5,000 Munitions Standardization, Effectiveness & Safety ...... 6,317 9,317 6,317 11,417 Blast chamber—Blue Grass Army Depot ...... +3,000 ...... +2,000 Blast chamber—Anniston Army Depot ...... +2,000 (Note: Added by Senate in RDT&E, Defense-wide). Explosive waste incinerator ...... +1,100 Environmental compliance ...... 51,378 56,378 58,378 58,378 Climate Change Fuel Cell-CERL ...... +5,000 +5,000 +5,000 Natural gas boiler demonstration-CERL ...... +2,000 +2,000 MLRS Product Improvement Program ...... 26,678 26,678 40,378 37,678 Guided MLRS ...... +8,100 +7,000 MLRS improved launcher mechanical system (ILMS) ...... +5,600 +4,000 Aerostate Joint Project Office ...... 86,193 0 96,193 35,000 Program reduction ...... ¥86,193 ...... ¥51,193 Aerostat development ...... +10,000 0 Combat Vehicle Improvement Programs ...... 136,520 152,520 176,720 167,020 M1 flat panel displays ...... +12,000 +12,000 +12,000 AN/VVR–1 laser warming receiver ...... +4,000 +4,000 +4,000 Abrams SEP ...... +8,000 +6,500 ADAD for Bradley Stinger fighting vehicle ...... +4,000 +4,000 M–7 Bradley fire support team (BFIST) vehicle test program sets ...... +3,000 +2,000 Bradley A3 Test Program sets ...... +3,500 +2,000 Heavy recovery vehicle traction control system ...... +5,700 0 Digitization ...... 156,960 75,560 120,043 71,560 Force XXI ...... ¥100,000 ¥36,917 ¥100,000 Tactical Personal Communications ...... +10,000 ...... +6,000 Applique ...... +2,600 ...... +2,600 Tactical Internet ...... +6,000 ...... +6,000 (Note: The conferees do not agree with the House direction requiring the Army to establish a Battlefield Acquisition Program Office.) Missile/Air Defense Product Improvement ...... 17,412 27,412 31,412 31,412 Patriot upgrade ...... +10,000 +10,000 +10,000 Stinger target acquisition sensor study and Stinger Blk II pre-EMD efforts ...... +4,000 +4,000 Joint Tactical Ground System ...... 3,195 6,195 3,195 5,195 Phase II P31 ...... End Item Industrial Preparedness ...... 44,326 54,326 57,326 66,326 M829E3 munitions development ...... +5,000 ...... +5,000 Munitions manufacturing technology ...... +5,000 ...... +3,000 Instrumented Factory for Gears (INFAC) ...... +4,000 +3,000 Total integration munitions engineering ...... +5,000 +8,000 Electronic Circuit Board Manufacturing Development Center ...... +4,000 +3,000 Radio Frequency ...... 0 0 0 1,700 (Note: Funds have been transferred from Other Procurement, Army.) Lightweight laser designator range finder ...... 0 0 0 2,800 (Note: Funds have been transferred from Other Procurement, Army.) Combat synthetic training assessment range ...... 0 0 0 5,400 (Note: Funds have been transferred from Other Procurement, Army.) Army Airborne Command & Control ...... 0 0 0 11,000 (Note: Funds have been transferred from Other Procurement, Army.)

ARMY HIGH PERFORMANCE COMPUTING areas. The conferees expect the U.S. Army ventions and improve medical outcomes. RESEARCH Construction Engineering Research Labora- This effort should include participation by The conferees urge the Army to provide tory to prudently manage this additional appropriate DoD agencies and public/institu- within the defense research sciences program funding to achieve maximum results. tions. element, $750,000 to hook up four histori- MEDICAL TECHNOLOGY PROSTATE DIAGNOSTIC IMAGING cally-black colleges with the Army High VOLUMETRICALLY CONTROLLED Performance Computing Center in Min- MANUFACTURING The conferees are concerned about the neapolis and $500,000 for work stations at The conferees have provided $2,500,000 only quality and efficacy of prostate diagnostic these colleges to optimize the use of the new for the development of a prototype artificial imaging, and believe that prostate cancer de- computing facilities which were made avail- hip using multidimensional volumetrically tection and treatment would greatly benefit able through the fiscal year 1997 defense ap- controlled manufacturing of synthetic mate- from more accurate and refined equipment propriations act. rials. and procedures. The conferees direct the ENVIRONMENTAL QUALITY TECHNOLOGY MEDICAL ADVANCED TECHNOLOGY Army to establish a public/private research The conferees agree to provide $4,000,000 in COLLABORATIVE EFFORTS IN TELEMEDICINE project in coordination with appropriate the Army Environmental Quality Tech- The conferees recognize the need to con- Government agencies and private institu- nology line only to develop computer-based tinue establishment of collaborative efforts tions to explore promising technologies for land management modeling projects de- for design of a telemedicine trauma/emer- improvement of prostate diagnostic imaging. signed to help reduce time and costs associ- gency medical services system to provide The conferees provide $5,000,000 only for this ated with recovery of military training necessary diagnostic and treatment inter- purpose in the Medical Advanced Technology September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7697 line. The conferees expect funding manage- pursue further development of minimally- plosive waste at Picatinny Arsenal. The ment to be accomplished by Walter Reed invasive surgery techniques. The conferees Army has concluded that additional funds Army Medical Center. believe greater understanding of this cut- are needed to complete the construction of DIAGNOSTIC IMAGING TECHNOLOGY ting-edge technology could result in signifi- the Explosive Waste Incinerator and the con- cant benefits for US armed forces. The conferees recognize the excellent work ferees agree to provide $1,100,000 only to fin- being conducted at Walter Reed in diag- AVIATION ADVANCED TECHNOLOGY ish this project. OUTRIDER TUAV nostic imaging technology and direct that a MATTRACKS Diagnostic Imaging Technology Center of The conferees agree to provide $45,000,000 Excellence be established at Walter Reed to continue the development, testing and The conferees urge the Army to begin de- Army Hospital and that the Army be the evaluation of the Outrider tactical un- velopment testing of the MATTRACKS track lead agent in this endeavor. All DoD efforts manned aerial vehicle (TUAV). The conferees system within available research, develop- in this area should be coordinated with the direct the Secretary of the Army submit an ment, test and evaluation funding. The center. In this vein, the conferees are ex- acquisition strategy to the Committees on MATTRACKS track system, which has been tremely encouraged with the potential bene- Appropriations of the House and Senate after control tested by the Army and Marine fits of the Volume Angio CAT (VAC) and the user-testing and evaluation are com- Corps with excellent results, appears to have have provided an additional $4,000,000 to con- pleted. great value for military uses particularly tinue efforts on this promising imaging tech- MUNITIONS STANDARDIZATION, EFFECTIVENESS mine clearing efforts. nology. AND SAFETY RESEARCH, DEVELOPMENT, TEST AND PERISCOPIC MINIMALLY-INVASIVE SURGERY The conferees are aware of the need to EVALUATION, NAVY The conferees agree to provide $3,000,000 in close and clean up the open pit burning the Army Medical Technology line only to ground currently being used to dispose of ex- The conference agreement is as follows: [In thousands of dollars]

Con- Budget House Senate ference

RESEARCH DEVELOPMENT TEST & EVAL NAVY: IN-HOUSE INDEPENDENT LABORATORY RESEARCH ...... 15,834 14,683 15,834 14,683 DEFENSE RESEARCH SCIENCES ...... 366,283 336,463 366,283 334,463 SURFACE/AEROSPACE SURVEILLANCE AND WEAPONS TECHNOLOGY ...... 32,273 29,273 32,273 29,273 SURFACE SHIP TECHNOLOGY ...... 46,859 53,859 52,859 50,359 AIRCRAFT TECHNOLOGY ...... 23,590 25,390 23,590 25,390 COMMAND, CONTROL, AND COMMUNICATIONS TECHNOLOGY ...... 65,566 59,566 56,566 56,566 READINESS, TRAINING, AND ENVIRONMENTAL QUALITY TECHNOLOGY ...... 31,762 47,362 31,762 39,362 MATERIALS, ELECTRONICS AND COMPUTER TECHNOLOGY ...... 76,653 73,653 80,153 75,503 ELECTRONIC WARFARE TECHNOLOGY ...... 22,810 21,810 22,810 21,810 UNDERSEA SURVEILLANCE WEAPON TECHNOLOGY ...... 51,033 46,033 51,033 46,033 MINE COUNTERMEASURES, MINING AND SPECIAL WARFARE ...... 42,737 42,737 21,600 42,737 OCEANOGRAPHIC AND ATMOSPHERIC TECHNOLOGY ...... 48,211 77,711 66,961 73,711 UNDERSEA WARFARE WEAPONRY TECHNOLOGY ...... 35,736 31,736 43,736 37,736 AIR SYSTEMS AND WEAPONS ADVANCED TECHNOLOGY ...... 35,093 41,193 27,693 35,693 PRECISION STRIKE AND AIR DEFENSE ...... 43,320 44,320 43,320 44,320 ADVANCED ELECTRONIC WARFARE TECHNOLOGY ...... 18,144 17,144 18,144 17,144 SHIP PROPULSION SYSTEM ...... 39,737 34,737 49,737 49,737 MARINE CORPS ADVANCED TECHNOLOGY DEMONSTRATION (ATD) ...... 34,178 63,478 51,178 61,678 MEDICAL DEVELOPMENT ...... 18,332 72,732 19,632 70,232 MANPOWER, PERSONNEL AND TRAINING ADV TECH DEV ...... 18,812 20,502 20,042 22,502 ENVIRONMENTAL QUALITY AND LOGISTICS ADVANCED TECHNOLOGY ...... 18,249 18,999 28,249 26,249 UNDERSEA WARFARE ADVANCED TECHNOLOGY ...... 54,785 46,385 46,385 49,385 SHALLOW WATER MCM DEMOS ...... 41,602 38,352 41,602 38,352 ADVANCED TECHNOLOGY TRANSITION ...... 87,285 75,052 72,285 76,285 C3 ADVANCED TECHNOLOGY ...... 23,768 22,368 23,768 22,368 AVIATION SURVIVABILITY ...... 7,859 16,959 7,859 16,959 ASW SYSTEMS DEVELOPMENT ...... 22,869 26,669 22,869 24,869 SURFACE AND SHALLOW WATER MINE COUNTERMEASURES ...... 58,231 71,131 76,431 73,631 ADVANCED SUBMARINE COMBAT SYSTEMS DEVELOPMENT ...... 61,122 62,422 61,122 62,422 CARRIER SYSTEMS DEVELOPMENT ...... 98,587 10,187 115,587 20,587 SHIPBOARD SYSTEM COMPONENT DEVELOPMENT ...... 19,194 22,694 19,194 22,694 ADVANCED SUBMARINE SYSTEM DEVELOPMENT ...... 59,067 162,067 59,067 114,000 SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES ...... 38,682 38,682 63,682 53,682 ADVANCED SURFACE MACHINERY SYSTEMS ...... 49,741 44,741 49,741 47,741 CONVENTIONAL MUNITIONS ...... 34,190 38,190 34,190 38,390 ADVANCED WARHEAD DEVELOPMENT (MK–50) ...... 2,012 ...... 2,012 ...... MARINE CORPS ASSAULT VEHICLES ...... 60,134 70,134 60,134 68,134 MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM ...... 36,464 40,064 36,464 40,064 COOPERATIVE ENGAGEMENT ...... 139,229 223,229 149,229 213,229 ENVIRONMENTAL PROTECTION ...... 52,401 56,401 54,401 58,401 FACILITIES IMPROVEMENT ...... 1,720 6,720 1,720 6,720 RETRACT ELM ...... 21,822 24,522 21,822 24,522 NATO RESEARCH AND DEVELOPMENT ...... 13,330 ...... 13,330 10,000 LAND ATTACK TECHNOLOGY ...... 37,809 81,909 37,809 60,809 JOINT STRIKE FIGHTER (JSF)—DEM/VAL ...... 448,855 448,855 476,855 463,855 SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINE ...... 4,705 4,705 9,705 7,705 OTHER HELO DEVELOPMENT ...... 73,354 85,354 113,304 130,191 STANDARDS DEVELOPMENT ...... 36,297 40,297 38,297 38,297 S–3 WEAPON SYSTEM IMPROVEMENT ...... 4,735 4,735 930 930 P–3 MODERNIZATION PROGRAM ...... 3,191 3,191 15,191 13,191 TACTICAL COMMAND SYSTEM ...... 31,518 41,518 31,518 36,518 H–1 UPGRADES ...... 80,735 86,335 80,735 86,335 ACOUSTIC SEARCH SENSORS ...... 16,947 20,947 16,947 18,947 AIR CREW SYSTEMS DEVELOPMENT ...... 12,111 18,111 12,111 18,111 EW DEVELOPMENT ...... 101,803 104,603 91,127 99,127 SURFACE COMBATANT COMBAT SYSTEM ENGINEERING ...... 87,934 142,134 122,934 148,134 ARSENAL SHIP ...... 102,994 ...... 75,994 35,000 LPD–17 CLASS SYSTEMS INTEGRATION ...... 471 13,471 471 13,471 TRI-SERVICE STANDOFF ATTACK MISSILE ...... 9,644 ...... 5,456 5,456 VLA UPGRADE ...... 12,000 ...... 9,000 AIRBORNE MCM ...... 16,503 19,503 16,503 18,503 SSN–688 AND TRIDENT MODERNIZATION ...... 42,294 52,294 67,294 57,294 SUBMARINE COMBAT SYSTEM ...... 23,701 2,366 23,701 18,701 NEW DESIGN SSN ...... 311,076 331,076 316,076 323,076 SSN–21 DEVELOPMENTS ...... 49,542 12,332 49,542 49,542 SHIP CONTRACT DESIGN/LIVE FIRE T&E ...... 75,713 64,713 100,713 92,713 NAVY TACTICAL COMPUTER RESOURCES ...... 4,794 39,294 4,794 35,294 H7698 CONGRESSIONAL RECORD — HOUSE September 23, 1997 [In thousands of dollars]

Con- Budget House Senate ference

LIGHTWEIGHT TORPEDO DEVELOPMENT ...... 17,290 19,302 17,290 19,302 NAVY ENERGY PROGRAM ...... 2,088 2,088 4,588 2,088 JOINT STANDOFF WEAPON SYSTEMS ...... 71,526 71,526 71,526 80,526 SHIP SELF DEFENSE—EMD ...... 132,270 190,870 134,270 163,270 MEDICAL DEVELOPMENT ...... 3,620 16,920 3,620 16,920 DISTRIBUTED SURVEILLANCE SYSTEM ...... 33,048 43,448 23,048 43,448 TARGET SYSTEMS DEVELOPMENT ...... 48,308 45,408 45,308 45,408 MAJOR T&E INVESTMENT ...... 33,236 39,236 33,236 36,236 STUDIES AND ANALYSIS SUPPORT—NAVY ...... 8,755 6,679 8,755 6,679 TECHNICAL INFORMATION SERVICES ...... 8,763 763 8,763 3,263 RDT&E SCIENCE AND TECHNOLOGY MANAGEMENT ...... 57,591 55,961 57,591 55,961 TEST AND EVALUATION SUPPORT ...... 263,934 235,908 251,934 246,934 MARINE CORPS PROGRAM WIDE SUPPORT ...... 8,207 12,707 8,207 12,707 F/A–18 SQUADRONS ...... 316,976 207,776 290,976 293,976 TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) ...... 93,359 91,500 93,359 91,500 CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT ...... 58,956 36,456 63,956 68,956 HARM IMPROVEMENT ...... 6,169 41,169 6,169 41,169 AVIATION IMPROVEMENTS ...... 60,025 51,025 60,025 51,025 NAVY SCIENCE ASSISTANCE PROGRAM ...... 12,000 12,000 MARINE CORPS COMMUNICATIONS SYSTEMS ...... 38,296 45,296 40,296 45,296 MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS ...... 12,568 14,668 12,568 14,668 DEFENSE METEOROLOGICAL SATELLITE PROGRAM (SPACE) ...... 3,165 1,198 3,165 1,198 INDUSTRIAL PREPAREDNESS ...... 55,000 54,000 55,000 CLASSIFIED PROGRAM ...... 488,489 531,489 188,489 494,989 ECONOMIC ASSUMPTIONS ...... ¥18,000 ¥18,000

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

FY 98 budget House Senate Conference

DEFENSE RESEARCH SCIENCES ...... 336,283 336,463 366,283 334,463 General reduction ...... ¥39,820 ...... ¥39,820 Molecular Design Institute ...... 10,000 ...... 8,000 SURFACE SHIP TECHNOLOGY ...... 46,859 53,859 52,859 50,359 General reduction ...... ¥5,000 ...... ¥5,000 Power electronic building blocks ...... 6,000 6,000 6,000 Power node control centers ...... 1,500 ...... 1,500 Micromechanical systems/damage tolerant networks ...... 2,500 ...... 0 Underwater vehicle derived control technology ...... 2,000 ...... 1,000 READINESS, TRAINING, AND ENVIRONMENTAL QUALITY TECH ...... 31,762 47,362 31,762 39,362 General reduction ...... ¥3,000 ...... ¥3,000 JMLS ACTD for sea-state 3 lighterage ...... 16,000 ...... 8,000 Smart aircrew integrated life support system ...... 2,600 ...... 2,600 MATERIALS, ELECTRONICS AND COMPUTER TECHNOLOGY ...... 76,653 73,653 80,153 75,503 General reduction ...... ¥7,000 ...... ¥10,000 Resin transfer molding/carbon fibers ...... 2,000 2,000 2,000 Composite storage capsule ...... 2,000 ...... 2,000 Vacuum electronics ...... ¥4,000 ¥3,000 Photomagnetic research ...... 350 350 Plasma quench technology ...... 3,000 2,000 Advanced Material Intelligent Processing Center ...... 2,500 2,500 Terfenol-D ...... 3,000 OCEANOGRAPHIC AND ATMOSPHERIC TECHNOLOGY ...... 48,211 77,711 66,961 73,711 Autonomous underwater vehicle/sensor development ...... 10,000 ...... 10,000 Ocean partnerships ...... 16,000 16,000 12,000 Naval Surface Warfare Center South Florida Test Facility ...... 2,750 2,750 2,750 PM–10 ...... 750 750 750 Arctic research ...... (2,000) ...... (2,000) UNDERSEA WARFARE WEAPONRY TECHNOLOGY ...... 35,736 31,736 43,736 37,736 General reduction ...... ¥4,000 ...... ¥4,000 COTS airgun as an acoustic source ...... (5,000) ...... 0 6.25’’ torpedo project ...... 4,000 ...... Undersea warfare and weapons technology ...... 4,000 3,000 AIR SYSTEMS AND WEAPONS ADVANCED TECHNOLOGY ...... 35,093 41,193 27,693 35,693 Maritime avionics subsystems and technology ...... 11,500 ...... 7,000 Integrated high payoff rocket technology ...... 2,000 ...... 1,000 General reduction ...... ¥7,400 ...... ¥7,400 Integrated HP turbine engine technology ...... ¥7,400 ...... SHIP PROPULSION SYSTEM ...... 39,737 34,737 49,737 49,737 Active control of machinery rafts ...... 5,000 ...... 5,000 General reduction ...... ¥10,000 ...... ¥5,000 Composite helicopter hanger ...... 10,000 10,000 MARINE CORPS ADVANCED TECHNOLOGY DEMONSTRATION (ATD) ...... 34,178 63,478 51,178 61,678 Commandant’s Warfighting Lab ...... 20,300 15,000 17,500 SMAW–CS product improvement program ...... 5,000 ...... 5,000 2 KW proton exchange membrane fuel cell ...... 4,000 ...... 3,000 CARS ...... 2,000 2,000 Modeling/simulation ...... (2,450) (2,450) MEDICAL DEVELOPMENT ...... 18,332 72,732 19,632 70,232 Bone marrow ...... 34,000 ...... 34,000 National Biodynamics Lab ...... 2,600 ...... 2,600 Biocide materials research ...... 5,500 ...... 5,500 Freeze dried blood ...... 2,500 2,500 1,500 Dental research ...... 4,000 ...... 2,000 Mobile medical monitor ...... 4,000 ...... 2,000 Rural health ...... 3,000 ...... 3,000 Natural gas cooling/desiccant demonstration ...... 2,500 Fleet health ...... ¥1,200 ¥1,200 ¥1,200 MANPOWER, PERSONNEL AND TRAINING ADV TECH DEV ...... 18,812 20,502 20,042 22,502 Virtual reality environment/training research ...... 3,690 1,230 3,690 Center for integrated Manufacturing Studies ...... 2,000 General reduction ...... ¥2,000 ...... ¥2,000 ENVIRONMENTAL QUALITY AND LOGISTICS ADVANCED TECH ...... 18,249 18,999 28,249 26,249 250KW proton exchange membrane fuel cell ...... 1,750 1,750 1,750 Visualization of technical information ...... 1,000 2,000 2,000 General reduction ...... ¥2,000 ...... ¥2,000 Smart base ...... 6,250 6,250 UNDERSEA WARFARE ADVANCED TECHNOLOGY ...... 54,785 46,385 46,385 49,385 General reduction ...... ¥8,400 ...... 0 Shallow water surveillance technology ...... ¥3,000 ¥3,000 Beartrap advanced technology ...... ¥5,400 ¥5,400 COTS airgun as an acoustic source ...... 3,000 ADVANCED TECHNOLOGY TRANSITION ...... 87,285 73,052 72,285 76,285 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7699 EXPLANATION OF PROJECT LEVEL ADJUSTMENTS—Continued [In thousands of dollars]

FY 98 budget House Senate Conference

General reduction ...... ¥18,233 ¥20,000 ¥20,000 High frequency surface wave radar ...... 4,000 (4,000) 4,000 SWATH technology development ...... 5,000 5,000 Affordable array ...... (4,900) (4,900) ASW SYSTEMS DEVELOPMENT ...... 22,869 26,669 22,869 24,869 Geopositioning for the air deployable low frequency projector ...... 3,800 ...... 2,000 SURFACE AND SHALLOW WATER MINE COUNTERMEASURES ...... 58,231 71,131 76,431 73,631 Remote minehunting system ...... 7,900 7,900 7,900 Integrated combat weapon system ...... 5,000 10,300 7,500 ADVANCED SUBMARINE COMBAT SYSTEMS DEVELOPMENT ...... 61,122 62,422 61,122 62,422 Lightweight wide aperture advanced array, fiber optic ...... 4,000 ...... 4,000 Savings identified by GAO ...... ¥2,700 ...... ¥2,700 CARRIER SYSTEMS DEVELOPMENT ...... 98,587 10,187 115,587 20,587 CVX ...... ¥88,400 ...... ¥78,000 CVN–77 ...... 17,000 0 SHIPBOARD SYSTEM COMPONENT DEVELOPMENT ...... 19,194 22,694 19,194 22,694 Direct carbonate fuel cell powerplant/ship electric service ...... 3,500 1,000 3,500 COOPERATIVE ENGAGEMENT ...... 139,229 223,229 149,229 213,229 E–2/CEC integration ...... 20,000 ...... 10,000 TBMD/CEC integration ...... 15,000 ...... 15,000 Low cost common equipment set ...... 15,000 ...... 15,000 Reduced schedule risk/logistics support ...... 13,000 ...... 13,000 SSDE/CEC integration ...... 5,000 ...... 5,000 Hawk/CEC integration ...... 5,000 ...... 3,000 Design agent transfer ...... 5,000 ...... 0 Fleet exercises ...... 3,000 ...... 3,000 LAMPS data link ...... 3,000 ...... 0 Space ...... 10,000 10,000 ENVIRONMENTAL PROTECTION ...... 52,401 56,401 54,401 58,401 Resource recovery technology center ...... 4,000 ...... 4,000 Asbestos removal ...... 2,000 2,000 Hospital desiccant demonstration ...... (1,500) 0 FACILITIES IMPROVEMENT ...... 1,720 6,720 1,720 6,720 Engineered lumber development ...... 5,000 ...... 5,000 (NOTE: Funds for engineered lumber develoopment are only to complete the ongoing effort already under contract by the Navy for cost-shared development and deployment of carbon fiber-reinforced, recycled thermoplastic engineered lumber which incorporates chemically treated waste-wood materials.) LAND ATTACK TECHNOLOGY ...... 37,809 81,909 37,809 60,809 Extended range guided munition ...... 15,100 ...... 8,000 MEMS guidance and control ...... 5,000 ...... 2,000 Land attack Standard Missile ...... 4,000 ...... 3,000 Navy ATACMS ...... 20,000 ...... 10,000 JOINT STRIKE FIGHTER (JSF)—DEM/VAL ...... 448,855 448,855 476,855 463,855 Eddy current sensor/eddy current array sensor ...... (6,000) ...... (6,000) Engine turbine fan improvement ...... (1,000) ...... (1,000) Alternative engine ...... 28,000 15,000 (NOTE: Projects which are directed to be funded from within available funds may not be financed by decrements to DARPA programs.) OTHER HELO DEVELOPMENT ...... 73,354 85,354 113,304 130,191 SH–60R block II ...... 7,000 25,000 15,000 Air interoperability center ...... 5,000 5,000 5,000 Parametric airborne dipping sonar ...... 10,000 5,000 CH–60 development. (NOTE: CH–60 funds are transferred form Aircraft Procurement, Navy) ...... STANDARDS DEVELOPMENT ...... 36,297 40,297 38,297 38,297 Ground Proximity Warning System ...... 4,000 ...... 0 ICAS ...... 2,000 2,000 (NOTE: Funds for ground proximity warning system ar funded in Aircraft Procurement, Navy) ...... S–3 WEAPON SYSTEM IMPROVEMENT ...... 4,735 4,735 930 930 Common support aircraft ...... ¥3,805 ¥3,805 (NOTE: Reduction to common support aircraft is made without prejudice.) ...... EW DEVELOPMENT ...... 101,803 104,603 91,127 99,127 Precision targeting ...... 2,800 ...... 2,000 Joint emitter targeting system ...... ¥2,000 ¥2,000 Common missile warning system ...... ¥6,000 0 ICAP III ...... ¥2,676 ¥2,676 SURFACE COMBATANT COMBAT SYSTEM ENGINEERING ...... 87,934 142,134 122,934 148,134 TBMD/UYQ–70 architecture ...... 43,000 ...... 38,000 Program shortfalls ...... 14,000 ...... 0 Postponed sea test ...... ¥2,800 ...... ¥2,800 High power discriminator ...... 35,000 25,000 NEW DESIGN SSN ...... 311,076 331,076 316,076 323,076 ASTECS/integrated mast ...... 17,000 ...... 8,000 Sonar domes ...... 3,000 5,000 4,000 SHIP CONTRACT DESIGN/LIVE FIRE T8E ...... 75,713 64,713 100,713 92,713 CVN–77 ...... 17,000 ...... 17,000 DD–21 ...... ¥28,000 25,000 0 NAVY TACTICAL COMPUTER RESOURCES ...... 4,794 39,294 4,794 35,294 UYQ–70 for submarines ...... 17,500 ...... 17,500 Virtual prototyping of electronic circuits ...... 10,000 ...... 6,000 UYQ–70 for USMC expeditionary force ...... 7,000 ...... 7,000 NAVY ENERGY PROGRAM ...... 2,088 2,088 4,588 2,088 Natural gas colling/desiccant demonstration ...... 2,500 0 (NOTE: Funds for natural gas cooling/desiccant demonstration are provided in Medical Development) ...... SHIP SELF DEFENSE—EMD ...... 132,270 190,870 134,270 163,270 QRCC ...... 19,000 ...... 10,000 Test ship ...... 12,000 ...... 6,000 Wallps Island test operatIons ...... 8,600 ...... 4,000 SPQ–9B ...... 9,000 ...... 5,000 IRST ...... 10,000 ...... 4,000 Nulka ...... 2,000 2,000 DISTRIBUTED SURVEILLANCE SYSTEM ...... 33,048 43,448 23,048 43,448 AODS integration into ADS ...... 7,800 ...... 7,800 ADS algorithms ...... 2,600 ...... 2,600 General reduction ...... ¥10,000 0 TARGET SYSTEMS DEVELOPMENT ...... 48,308 45,408 45,308 45,408 Non-cooperative airborne vector scorer ...... ¥2,900 ...... ¥2,900 General reduction ...... ¥3,000 0 TEST AND EVALUATION SUPPORT ...... 263,934 235,908 251,934 246,934 General reduction ...... ¥30,026 ¥12,000 ¥18,000 Safety items ...... 2,000 ...... 1,000 F/A–18 SQUADRONS ...... 316,976 207,776 290,976 293,976 Management reserves ...... ¥114,200 ¥26,000 ¥26,000 TARPS ...... 5,000 ...... 3,000 CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT ...... 58,956 36,456 63,956 68,956 JTCTS ...... ¥27,500 ...... 0 BFTT ...... 5,000 ...... 5,000 PMRF sensors ...... 5,000 5,000 INDUSTRIAL PREPAREDNESS ...... 0 55,000 54,000 55,000 General increase ...... 55,000 50,000 ...... Center for Integrated Manufacturing Studies ...... 4,000 0 (NOTE: Funds for the Center for Integrated Manufacturing Studies is provided in Manpower, Personnel, and Training Advanced Technology Development.) ...... H7700 CONGRESSIONAL RECORD — HOUSE September 23, 1997

AIRCRAFT TECHNOLOGY NAVY AIRCREW EJECTION SEATS NON-MAGNETIC, STAINLESS STEEL ADVANCED The conferees believe the Navy must place DOUBLE HULL WARSHIP DESIGN The conferees direct that the Navy greater emphasis on aircrew protection and Vectored Thrust Ducted Propeller (VTDP) The conferees note the technical challenge safety, a problem that is of growing concern that the Navy faces in the design and manu- compound helicopter program focus the cur- with the introduction of lighter-weight crew rent VTDP technology development program facture of very large and complex structural members. In fiscal year 1997, the Congress systems that have historically been made of on utilization of the H–60 helicopter as the appropriated an additional $5,000,000 to initi- traditional steel materials but are now in- demonstration platform. The conferees fur- ate Phase II of the Navy Aircrew Escape Sys- corporating the use of more advanced mate- ther direct that from within available funds tem (NACES) P3I program. The conferees are rials like non-magnetic steels. The joining of $200,000 is only for the Navy’s H–60 program disappointed that this effort has not yet the advanced double hull concept with non- office (PMA–299) to manage the VTDP pro- begun, particularly in light of technological magnetic steel offers the potential to reduce gram and all current and prior year funds ap- advancements in propulsive stabilization and acquisition and operation costs and to im- propriated for this program. sensors that could substantially decrease the prove survivability. The conferees direct the technical risk of resolving the safety short- Navy to study this design on the DD–21 and MATERIALS, ELECTRONICS, AND COMPUTER comings of the NACES. These same advances to explore the opportunities available with TECHNOLOGY may also be applicable to making needed existing Centers of Excellence that have ca- safety improvements in the GRU–7 seat fly- The conferees agree to provide $3,000,000 for pability in non-magnetic, stainless steel ad- ing in the EA–6B aircraft. Terfenol-D, which is used in Navy sonar pro- The conferees are aware of Navy plans to vanced double hull warship design. grams. The conferees direct that this restructure the NACES P3I program. While DISTRIBUTED SURVEILLANCE SYSTEM amount shall be available only to allow the voicing no objection at this time, the con- Navy to achieve further cost reductions in The conferees agree to provide $43,448,000, ferees expect that the restructured effort be of which $7,800,000 shall be for the testing the application of a magnetostrictive, iron/ conducted in a manner to include a flight and packaging of the all-optical deployable terbium/dysprosium alloy for new high per- demonstration of the life-saving benefits of system into an advanced deployable system formance sonar systems. The conferees fur- these technologies to existing ejection seats, (ADS) and at least $7,000,000 shall be for the ther direct that such effort shall be under- and that EMD planning for introduction to development of signal processing and detec- taken through a partnership between any en- the fleet be completed. The conference agree- tion algorithms for the ADS. tity which has made a financial commitment ment includes an additional $6,000,000 only to and has experience in the production of such accelerate the NACES P3I program to in- RESEARCH, DEVELOPMENT, TEST AND an alloy and the National Center for Excel- clude demonstrated propulsive stabilization EVALUATION, AIR FORCE lence in Metal Working Technology. solutions. The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Conference

RESEARCH DEVELOPMENT TEST & EVAL AF DEFENSE RESEARCH SCIENCES ...... 226,832 183,332 222,249 207,249 MATERIALS ...... 70,224 73,224 71,224 73,224 ARMSTRONG LAB EXPLORATORY DEVELOPMENT ...... 76,102 76,102 79,102 76,102 AEROSPACE PROPULSION ...... 69,303 69,303 60,577 60,577 AEROSPACE AVIONICS ...... 69,401 68,061 66,484 64,144 HYPERSONIC TECHNOLOGY PROGRAM ...... 9,840 9,840 12,840 9,840 PHILLIPS LAB EXPLORATORY DEVELOPMENT ...... 111,136 131,636 112,009 127,259 COMMAND CONTROL AND COMMUNICATIONS ...... 86,067 89,067 86,067 88,567 ADVANCED MATERIALS FOR WEAPON SYSTEMS ...... 20,596 26,596 30,096 28,096 AEROSPACE PROPULSION SUBSYSTEMS INTEGRATION ...... 30,564 28,318 27,031 24,785 AEROSPACE STRUCTURES ...... 15,032 10,423 15,032 10,423 AEROSPACE PROPULSION AND POWER TECHNOLOGY ...... 37,014 37,014 35,183 35,183 CREW SYSTEMS AND PERSONNEL PROTECTION TECHNOLOGY ...... 17,204 26,204 17,204 26,204 FLIGHT VEHICLE TECHNOLOGY INTEGRATION ...... 7,795 6,423 7,795 6,423 ELECTRONIC COMBAT TECHNOLOGY ...... 25,621 30,871 24,121 34,371 SPACE AND MISSILE ROCKET PROPULSION ...... 16,247 30,047 16,247 18,147 BALLISTIC MISSILE TECHNOLOGY ...... 8,000 ...... 8,000 ADVANCED SPACECRAFT TECHNOLOGY ...... 40,846 72,846 100,846 98,346 CONVENTIONAL WEAPONS TECHNOLOGY ...... 26,227 28,227 23,187 24,687 ADVANCED WEAPONS TECHNOLOGY ...... 41,238 56,238 59,238 55,238 C3 ADVANCED DEVELOPMENT ...... 12,897 12,897 13,897 13,647 ADVANCED MILSATCOM (SPACE) ...... 41,448 41,000 41,448 41,000 POLAR ADJUNCT (SPACE) ...... 29,585 ...... 29,585 15,000 NATIONAL POLAR-ORBITING OPERATIONAL ENVIRONMENTAL SAT...... 51,504 26,504 51,504 34,004 SPACE BASED INFRARED ARCHITECTURE (SPACE)—DEM/VAL ...... 222,401 217,401 222,401 217,401 NATO RESEARCH AND DEVELOPMENT ...... 13,433 ...... 13,433 11,000 INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL ...... 32,837 49,337 32,837 49,337 GLOBAL BROADCAST SERVICE ...... 56,977 46,977 56,977 56,977 VARIABLE STABILITY IN-FLIGHT SIMULATOR TEST AIRCRAFT ...... 8,000 6,000 INTEGRATED AVIONICS PLANNING AND DEVELOPMENT ...... 16,494 12,994 16,494 16,494 B–1B ...... 216,886 222,886 216,886 220,886 SPECIALIZED UNDERGRADUATE PILOT TRAINING ...... 80,238 77,238 80,238 72,238 F–22 EMD ...... 2,071,234 2,077,234 1,858,234 2,077,234 EW DEVELOPMENT ...... 78,465 65,965 82,308 80,465 MUNITIONS DISPENSER DEVELOPMENT ...... 18,076 15,900 18,076 19,676 JOINT DIRECT ATTACK MUNITION ...... 19,553 15,353 19,553 24,553 LIFE SUPPORT SYSTEMS ...... 3,726 5,726 3,726 4,726 COMPUTER RESOURCE TECHNOLOGY TRANSITION (CRTT) ...... 1,459 6,459 1,459 4,459 JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) ...... 203,321 ...... 107,021 128,000 JSLAM ...... 63,000 ...... 43,021 THREAT SIMULATOR DEVELOPMENT ...... 51,846 50,346 56,746 54,346 MAJOR T&E INVESTMENT ...... 47,336 62,136 41,336 56,336 TEST AND EVALUATION SUPPORT ...... 389,348 386,348 389,348 387,848 DEVELOPMENT PLANNING ...... 6,049 6,049 4,549 4,549 POLLUTION PREVENTION ...... 5,880 5,880 10,880 9,880 ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) ...... 8,013 33,013 8,013 28,013 MAINTENANCE AND REPAIR (RPM)—RDT&E ...... 55,200 55,200 58,000 56,000 ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) ...... 50,781 33,781 50,781 43,781 AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM ...... 93,122 115,122 93,122 103,122 AGM–86C CONVENTIONAL AIR-LAUNCHED CRUISE MISSILE SYS ...... 3,500 3,500 ...... AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) ...... 46,807 47,807 46,807 46,807 ADVANCED PROGRAM TECHNOLOGY ...... 95,056 95,056 71,556 100,056 THEATER BATTLE MANAGEMENT (TBM) C4I ...... 24,013 24,013 28,013 27,013 JOINT SURVEILLANCE AND TARGET ATTACK RADAR SYSTEM ...... 119,189 123,189 124,189 126,189 ADVANCED PROGRAM EVALUATION ...... 214,011 224,011 205,219 223,019 WORLD-WIDE MILITARY COMMAND AND CONTROL SYSTEMS ...... 6,820 7,820 6,820 7,820 AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM ...... 6,571 6,571 13,471 13,471 SECURITY AND INVESTIGATIVE ACTIVITIES ...... 530 1,530 530 3,530 TITAN SPACE VEHICLES (SPACE) ...... 82,384 67,384 82,384 74,884 DEFENSE AIRBORNE RECONNAISSANCE PROGRAM ...... 14,990 ...... 14,990 SPACETRACK (SPACE) ...... 28,573 28,573 36,073 43,073 C–17 AIRCRAFT ...... 113,605 113,605 113,605 110,605 AIR CARGO MATERIAL HANDLING (463–L) (NON-IF) ...... 7,947 3,447 7,947 5,947 PRODUCTIVITY, RELIABILITY, AVAILABILITY, MAINTAIN PRO ...... 1,032 12,032 11,032 19,032 NATO JOINT STARS ...... 36,061 18,061 23,061 26,061 COBRA BALL (FLD) ...... 12,000 12,000 CLASSIFIED PROGRAM ...... 4,684,348 4,633,315 4,640,248 4,648,415 ECONOMIC ASSUMPTIONS ...... ¥76,000 ¥76,000 GENERAL REDUCTION ...... ¥2,000 ...... September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7701 EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Budget House Senate Conference

Defense Research Sciences ...... 226,832 183,332 222,249 207,249 Reduction ...... ¥48,500 ...... ¥18,000 Center for Adaptive Optics ...... 5,000 ...... 3,000 Sacramento Peak Observatory ...... (650) (650) (650) Math and computer science ...... ¥2,755 ¥2,755 Electronics ...... ¥1,828 ¥1,828 Materials ...... 70,224 73,224 71,224 73,224 Composite shelters ...... 3,000 ...... 2,000 Inorganic/organic optical limiters ...... 1,000 1,000 Aerospace Propulsion ...... 69,303 69,303 60,577 60,577 Turbine engine technology ...... ¥6,861 ¥6,861 High thermal stability hydrocarbon fuel ...... ¥1,865 ¥1,865 Aerospace Avionics ...... 69,401 68,061 66,484 64,144 Reduction ...... ¥1,340 ...... ¥1,340 Photonic and A-to-D Technology ...... ¥2,701 ¥2,701 Intertial navigation unit components ...... ¥3,216 ¥3,216 Environmental laser mapping ...... 3,000 2,000 Hypersonic Technology Program ...... 9,840 9,840 12,840 9,840 Hypersonic wind tunnel design study ...... 3,000 0 Phillips Lab Exploratory Development ...... 111,136 131,636 112,009 127,259 Phase III terabit fiber optic technology ...... 8,000 ...... 6,000 Mightysat ...... 10,000 ...... 5,000 IHPRPT ...... 7,500 2,000 4,750 Tactical missile propulsion ...... ¥3,127 ¥3,127 Coherent laser diode arrays ...... ¥3,000 ¥1,500 HAARP ...... 5,000 5,000 Command Control and Communications ...... 86,067 89,067 86,067 88,567 Protein memory ...... 3,000 ...... 2,500 Advanced Materials for Weapon Systems ...... 20,596 26,596 30,096 28,096 IR signature suppresion coatings ...... 6,000 6,000 5,000 Electrochemical fatigue sensing with mechanical stimulation for turbines ...... 3,500 2,500 Aerospace Propulsion Subsystems Integration ...... 30,564 28,318 27,031 24,785 Reduction ...... ¥2,246 ...... ¥2,246 Aircraft propulsion subsystem ...... ¥3,533 ¥3,533 Aerospace Structures ...... 15,032 10,423 15,032 10,423 Reduction ...... ¥4,609 ...... ¥4,609 Aerospace Propulsion and Power Technology ...... 37,014 37,014 35,183 35,183 Advanced turbine engine gas generator ...... ¥1,831 ¥1,831 Crew Systems and Personnel Protection Technology ...... 17,204 26,204 17,204 26,204 Ejection seat technology ...... 5,000 ...... 5,000 Helmet display technology ...... 3,000 ...... 3,000 Laser eye protection ...... 1,000 ...... 1,000 Flight Vehicle Technology Integration ...... 7,795 6,423 7,795 6,423 Reduction ...... ¥1,372 ...... ¥1,372 Electronic Combat Technology ...... 25,621 30,871 24,121 34,371 CLIRCM ...... 5,250 ...... 3,750 Laser based IR countermeasures ...... ¥1,500 0 ALR–69 PLAID ...... 5,000 Space and Missile Rocket Propulsion ...... 16,247 30,047 16,247 18,847 IHPRPT ...... 3,800 ...... 1,900 Scorpius ...... 10,000 ...... 0 Ballistic Missile Technology ...... 0 8,000 0 8,000 Radiation hardened electronics ...... 8,000 ...... 3,200 Missile Technology Demonstration (MTD) flight testing ...... 4,800 Advanced Spacecraft Technology ...... 40,846 72,846 100,846 98,346 Military spaceplane ...... 15,000 ...... 10,000 Solar thermionics orbital transfer vehicle ...... 10,000 10,000 7,500 Miniature threat satellite reporting system ...... 7,000 ...... 5,000 Clementine ...... 50,000 30,000 Scorpius (transfer from Space and Missile Rocket Propulsion) ...... 5,000 Conventional Weapons Technology ...... 26,227 28,227 23,187 24,687 Optical correlator technology ...... 2,000 ...... 1,500 Next generation air to air threats ...... ¥3,040 ¥3,040 Advanced Weaons Technology ...... 41,238 56,238 59,238 55,238 Geo space object imaging ...... 10,000 15,000 10,000 LIME ...... 5,000 ...... 0 High energy laser technology ...... ¥3,000 ¥2,000 Field LADAR Demonstrator (FLD) upgrades ...... 6,000 6,000 C3 Advanced Development ...... 12,897 12,897 13,897 13,647 Survivable asynchronous transfer mode ...... 1,000 750 Advanced MILSATCOM (SPACE) ...... 41,448 41,000 41,448 41,000 Program management ...... ¥448 ...... ¥448 National Polar-Orbiting Operational Environment ...... 51,504 26,504 51,504 34,004 Schedule delays ...... ¥25,000 ...... ¥17,500 Space and Missile Rocket Propulsion ...... 222,401 217,401 222,401 217,401 Program management and FFRDC ...... ¥5,000 ...... ¥5,000 NATO Research and Development ...... 13,433 0 13,433 11,000 Reduction ...... ¥13,433 ...... ¥2,433 Intercontinental Ballistic Missile—DEMVAL ...... 32,837 49,337 32,837 49,337 Conventional ballistic missle ...... 16,500 ...... 16,500 Global Broadcast Service ...... 56,977 46,977 56,977 56,977 Schedule delays ...... ¥10,000 ...... 0 Integrated Avionics Planning and Development ...... 16,494 12,994 16,494 16,494 JHMCS EMD Award ...... ¥3,500 ...... 0 B–1B ...... 216,886 222,886 216,886 220,886 ECOs ...... ¥7,000 ...... ¥4,000 JSOW/JSLAM Integration ...... 13,000 ...... 8,000 Specialized Undergraduate Pilot Training ...... 80,238 77,238 80,238 72,238 T–38 schedule delays ...... ¥3,000 ...... ¥3,000 JPATS GBTS contract savings ...... ¥5,000 F–22 EMD ...... 2,071,234 2,077,234 1,858,234 2,077,234 Out of Production Parts (OPP) redesign ...... 6,000 ...... 6,000 Termination liability ...... ¥213,000 0 EW Development ...... 78,465 65,965 82,308 80,465 F–15 IDECM delay ...... ¥6,000 ...... ¥3,000 F–15 CMWS ...... ¥6,500 ...... ¥2,000 CMWS ...... ¥6,157 0 Advanced flares for the C–17 and B–1 ...... 10,000 7,000 Munitions Dispenser Development ...... 18,076 15,900 18,076 19,676 WCMD Contract Savings ...... ¥1,300 ...... ¥1,300 WCMD operational assets ...... ¥862 ...... ¥862 Transfer savings from procurement account ...... 3,762 Joint Direct Attack Munition ...... 19,553 15,353 19,553 24,553 Excess funds ...... ¥4,200 ...... 0 Transfer from procurement ...... 5,000 Life Support Systems ...... 3,726 5,726 3,726 4,726 Ejection seats ...... 2,000 ...... 1,000 Computer Resource Technology Transition (CRTT) ...... 1,459 6,459 1,459 4,459 NPLACE/PLAS ...... 5,000 ...... 3,000 Intercontinental Ballistic Missile—EMD ...... 137,944 152,944 152,944 152,944 H7702 CONGRESSIONAL RECORD — HOUSE September 23, 1997 EXPLANATION OF PROJECT LEVEL ADJUSTMENTS—Continued [In thousands of dollars]

Budget House Senate Conference

MK–21 Guidance Replacement Program ...... 15,000 15,000 15,000 Joint Air-to-Surface Standoff Missile (JASSM) ...... 203,321 0 107,021 128,000 Cancel program ...... ¥203,321 ...... 0 Weapon system development ...... ¥18,200 0 Test support ...... ¥49,400 0 Program office/mission support ...... ¥10,900 0 Aircraft integration costs ...... ¥17,800 0 Alternate engine source study ...... (5000) 1,000 Reduction pending AOA decision ...... ¥76,321 JSLAM ...... 0 63,000 0 43,021 Threat Simulator Development ...... 51,846 50,346 56,746 54,346 SADS-2b/f ...... ¥1,500 ...... ¥1,500 Digital integrated air defense system ...... 2,400 2,000 Digital IADS integration with ECIT ...... 2,000 1,500 Airborne radar maintenance ...... 500 500 Major T&E Investment ...... 47,336 62,136 41,336 56,336 Modernization of Eglin range C4I capabilities ...... 14,800 ...... 10,000 Reduction ...... ¥6,000 ¥3,000 Hypersonic wind tunnel design study (transfer from 0602269F) ...... 2,000 Test and Evaluation Support ...... 389,348 386,348 389,348 387,848 Unjustified aircraft support growth ...... ¥3,000 ...... ¥1,000 Prior year unobligated funds ...... ¥8,000 ...... ¥6,500 South Base Birk flight test facility ...... 8,000 ...... 6,000 Development Planning ...... 6,049 6,049 4,549 4,549 Reduction ...... ¥1,500 ¥1,500 Pollution Prevention ...... 5,880 5,880 10,880 9,880 E–SMART ...... 5,000 4,000 Maintenance and Repair (RPM)—RDT&E ...... 55,200 55,200 58,000 56,000 Landing gear life extension ...... 6,000 4,000 Infrastructure support ...... ¥3,200 ¥3,200 Advanced Medium Range Air-to-Air Missile (AMRAAM) ...... 50,781 33,781 50,781 43,781 Rephased upgrade efforts ...... ¥14,000 ...... ¥4,000 P3I Phase III ...... ¥3,000 ...... ¥3,000 AGM–86C Conventional Air Launched Cruise Missile ...... 0 3,500 3,500 0 Hard target penetrator variant ...... 3,500 3,500 0 Airborne Warning and Control System (AWACS) ...... 46,807 47,807 46,807 46,807 Extend Sentry ...... 1,000 ...... 0 Theater Battle Management (TBM) C4I ...... 24,013 24,013 28.013 27,013 Theater Battle Management Core Systems (TBMCS) ...... 4,000 3,000 Joint Surveillance and Target Attack Radar System ...... 119,189 123,189 124,189 126,189 Improved Data Modem ...... 4,000 ...... 4,000 Cruise missile defense technology ...... 5,000 3,000 World-Wide Military Command and Control Systems ...... 6,820 7,820 6,820 7,820 Integration of JSAS into GCCS ...... 1,000 ...... 1,000 Air Traffic Control, Approach, and Landing System ...... 6,571 6,571 13,471 13,471 Air traffic control simulators ...... 6,900 6,900 Security and Investigative Activities ...... 530 1,530 530 3,530 AFOSI computer crime investigations program ...... 1,000 ...... 1,000 Defensive Information Warfare and Critical Infrastructure Protection ...... 2,000 SPACETRACK (SPACE) ...... 28,573 28,573 36,073 43,073 AEOS development and integration with MSSS ...... 7,500 7,500 Have Stare upgrade to support missile defense testing ...... 7,000 Air Cargo Material Handling ...... 7,947 3,447 7,947 5,947 Next Generation Small Loader test funding requirements ...... ¥4,500 ...... ¥2,000 Industrial Preparedness ...... 48,429 48,429 48,429 48,429 National Technology Transfer Center ...... (1000) ...... 0 Productivity, Reliability, Availability, Maintainability Program ...... 1,032 12,032 11,032 19,032 Aging aircraft improvements ...... 11,000 ...... 10,000 Blade repair facility ...... 10,000 8,000 NATO JSTARS ...... 36,061 18,061 23,061 26,061 Lack of NATO decision ...... ¥18,000 ...... 0 Phase II proposal preparation ...... ¥3,000 ¥3,000 Interim logistics support long lead ...... ¥10,000 ¥7,000 COBRA BALL (FLD) ...... 0 0 12,000 12,000 Advanced Airborne Sensor ...... 12,000 12,000

ADVANCED SPACECRAFT TECHNOLOGY the SBIRS high component developer will requirements between the SBIRS high and The conferees recommend a Solar Thermi- compete for the SBIRS low component of the low component to determine whether such onic Orbital Transfer Vehicle program that program. allocations are justified on the basis of cost balances designing the flight demonstrator While the Air Force has taken certain and performance. The conferees direct that with further development of key tech- measures to attempt to ensure the fairness the results of this review be provided to the nologies including thermionics, high tem- of the SBIRS low competition, the conferees congressional defense committees. perature materials for power and propulsion, believe that it would be appropriate for the EVOLVED EXPENDABLE LAUNCH VEHICLE (EELV) and direct gain propulsion utilizing light- Under Secretary of Defense for Acquisition The conferees note that the Evolved Ex- weight inflatable collectors. and Technology to review any Air Force im- pendable Launch Vehicle (EELV) program is NATIONAL POLAR-ORBITING OPERATIONS plementation plan formulated to avoid con- an important step in reducing the Depart- ENVIRONMENTAL SATELLITE SYSTEM flicts of interest in the SBIRS low compo- ment of Defense’s space launch costs, and nent competition. The conferees therefore, (NPOESS) that two industry teams are now competing direct the USD (A&T) to certify to the con- for a contract to develop an EELV. The con- The conferees agree to provide $34,004,000 gressional defense committees that tha Air ferees believe that the Air Force should re- for the National Polar-Orbiting Operational Force’s ‘‘SBIRS Organizational Conflict of quire that a successful bidder share in the Environmental Satellite System (NPOESS), Interest Mitigation Plan for the SBIR Low development cost of the EELV, system. In a decrease of $17,500,000. The conferees direct Component Program’’ adequately safeguards addition the conferees expect that the Air the Deputy Under Secretary of Defense for the objectivity of the competition for the Force will recognize the commercial require- Space (DUSD (Space)) to conduct an archi- SBIR Low program. If it is determined that ments of the EELV and allow industry to de- tectural review of the defense space-based the Air Force’s risk mitigation plan does not velop system solutions to meet these needs. meteorological mission area as part of the ensure a fair competition, the congressional Therefore, the conferees agree to the House fiscal year 1998 program plan. DUSD (Space) defense committees shall be notified and pro- language which directs the Air Force to in- is further directed to submit to the conferees vided such recommendations as the USD clude as significant factors in the EELV ac- a report detailing its plans to conduct the re- (A&T) determines are necessary to ensure a quisition the degree to which the competi- view no later than January 1, 1998. fair competition, protect proprietary data, tive proposals include the commercial needs SPACE BASED INFRARED SYSTEM (SBIRS) and mitigate potential SBIR high component of the U.S. launch vehicle industry as well as The conferees are concerned that the Air program developer bias. The certification government compensation and cost Force has retained the present developer of shall be provided no later than March 31, recoupment offers from the EELV competi- the SBIRS high component as the overall 1998. tors. The Under Secretary of Defense for Ac- system of systems engineer for the entire The conferees further direct that the Dep- quisition and Technology is also directed to program. The conferees believe that the po- uty Under Secretary of Defense for Space, provide the congressional defense commit- tential exists for conflict of interest since DUSD (Space), review any final allocation of tees not later than June 1, 1998, a revised September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7703 EELV Single Acquisition and Management The conferees have also provided $43,021,000 tect, track, and identify cruise missiles. The Plan (SAMP) that addresses these concerns. in a JSLAM program element. The conferees conferees direct the Air Force to provide a JOINT AIR-TO-SURFACE STANDOFF MISSILE direct that none of the JSLAM funds may be report on their specific schedule and funding JOINT STANDOFF LAND ATTACK MISSILE obligated until the Secretary of Defense no- plans for continued development of this tifies the congressional defense committees The conferees have provided a total of needed capability. regarding the acquisition strategy the De- $171,021,000 for the Joint Air-to-Surface fense Department chooses to pursue based on NATO JSTARS Standoff Missile (JASSM)/Joint Standoff Land Attack Missile (JSLAM) program. the results of the JASSM AOA. The con- The conferees agree that none of the funds Within the JASSM program element, the ferees direct that the JSLAM program ele- can be reprogrammed out of the NATO conferees direct that the first priority for ment funds shall be available for the option JOINT STARS program element without the the available funds shall be to maintain recommended by the Secretary of Defense. prior approval of the congressional defense competition on the program and to avoid an CRUISE MISSILE DEFENSE committees. The conferees agree to place no early decision to select a single contractor. The conferees are concerned about the further restrictions on these funds. The funds within this program element are growing threat posed by advanced air- RESEARCH, DEVELOPMENT, TEST AND provided to continue the JASSM program launched and surface-launched cruise mis- EVALUATION, DEFENSE-WIDE through completion of the Analysis of Alter- siles and urge the Department to pursue an natives (AOA). enhanced capability on the AWACS to de- The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Conference

RESEARCH DEVELOPMENT TEST & EVAL DEFWIDE IN-HOUSE LABORATORY INDEPENDENT RESEARCH ...... 2,169 ...... 2,169 1,569 DEFENSE RESEARCH SCIENCES ...... 76,009 70,000 76,009 70,000 UNIVERSITY RESEARCH INITIATIVES ...... 237,788 215,212 251,788 230,788 GOVERNMENT/INDUSTRY COSPONSORSHIP OF UNIV RESEARCH ...... 14,713 ...... 9,713 7,713 CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...... 25,190 28,690 25,190 27,190 NEXT GENERATION INTERNET ...... 40,000 50,000 10,000 42,000 SUPPORT TECHNOLOGIES—APPLIED RESEARCH ...... 101,932 141,932 115,932 113,932 LINCOLN LABORATORY RESEARCH PROGRAM ...... 20,474 13,730 20,474 18,474 COMPUTING SYSTEMS AND COMMUNICATIONS TECHNOLOGY ...... 341,752 325,057 344,252 327,557 BIOLOGICAL WARFARE DEFENSE ...... 61,600 61,600 55,100 59,600 CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM ...... 60,023 75,323 66,023 73,023 TACTICAL TECHNOLOGY ...... 157,329 126,244 158,329 151,329 INTEGRATED COMMAND AND CONTROL TECHOLOGY ...... 37,000 39,000 55,000 49,000 MATERIALS AND ELECTRONICS TECHNOLOGY ...... 192,192 208,192 224,692 237,692 DEFENSE SPECIAL WEAPONS AGENCY ...... 211,971 200,593 226,971 212,593 DEMINING ...... 7,663 7,663 18,063 16,663 COUNTERROR TECHNICAL SUPPORT ...... 34,863 34,863 40,863 40,863 COUNTERPROLIFERATION SUPPORT—ADV DEV ...... 58,264 67,264 61,264 68,264 SUPPORT TECHNOLOGIES—ADVANCED TECHNOLOGY DEVELOPMENT ...... 147,557 147,557 351,957 311,557 JOINT DOD-DOE MUNITION TECHNOLOGY DEVELOPMENT ...... 16,141 16,141 17,700 17,700 AUTOMATIC TARGET RECOGNITION ...... 4,789 5,989 4,789 6,789 CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEV ...... 41,223 50,773 41,233 41,223 SPECIAL TECHNICAL SUPPORT ...... 11,750 9,750 14,750 11,750 VERIFICATION TECHNOLOGY DEMONSTRATION ...... 83,370 69,070 73,370 84,370 GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS ...... 17,267 23,867 24,867 22,267 STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM ...... 54,874 61,874 57,874 61,874 JOINT WARFIGHTING PROGRAM ...... 14,172 14,172 9,172 9,172 AGILE PORT DEMONSTRATION ...... 10,000 5,000 ADVANCED ELECTRONICS TECHNOLOGIES ...... 277,044 285,044 295,044 299,044 ADVANCED CONCEPT TECHNOLOGY DEMONSTRATIONS ...... 121,076 61,076 101,076 81,076 COMMERCIAL TECHNOLOGY INSERTION PROGRAM ...... 47,889 ...... 20,000 20,000 ELECTRONIC COMMERCE RESOURCE CENTERS ...... 14,972 47,972 14,972 47,972 HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM ...... 126,211 124,880 151,211 149,880 COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS ...... 163,800 163,800 153,800 157,800 SENSOR AND GUIDANCE TECHNOLOGY ...... 166,855 154,855 162,855 169,555 LAND WARFARE TECHNOLOGY ...... 82,580 89,180 81,980 82,980 DUAL USE APPLICATIONS PROGRAMS ...... 225,000 100,000 125,000 125,000 JOINT WARGAMING SIMULATION MANAGEMENT OFFICE ...... 71,338 59,968 66,338 64,338 PHYSICAL SECURITY EQUIPMENT ...... 31,553 18,676 31,553 18,676 JOINT ROBOTICS PROGRAM ...... 23,196 23,196 32,196 28,196 ADVANCED SENSOR APPLICATIONS PROGRAM ...... 15,379 15,379 18,379 18,379 CALS INITIATIVE ...... 1,916 5,916 5,916 9,916 NATO RESEARCH AND DEVELOPMENT ...... 13,584 ...... 13,584 8,584 ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM ...... 15,164 15,164 20,164 15,164 THEATER HIGH-ALTITUDE AREA DEFENSE SYSTEM—TMD—DEM/ ...... 294,647 238,647 353,427 406,127 NAVY THEATER WIDE MISSILE DEFENSE—DEM/VAL ...... 194,898 444,898 274,898 409,898 BOOST PHASE INTERCEPT THEATER MISSILE DEFENSE ACQUISIT ...... 12,885 ...... 17,885 16,385 JOINT THEATER MISSILE DEFENSE—DEM/VAL ...... 542,619 542,619 612,619 605,419 ASAT ...... 50,000 37,500 CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD ...... 120,535 138,535 120,535 130,535 THEATER HIGH-ALTITUDE AREA DEFENSE SYSTEM—TMD—EMD ...... 261,480 261,480 ...... NAVY AREA THEATER MISSILE DEFENSE—EMD ...... 267,822 289,822 267,822 289,822 TECHNICAL STUDIES, SUPPORT AND ANALYSIS ...... 38,376 31,248 30,376 30,376 JOINT THEATER AIR AND MISSILE DEFENSE ORGANIZATION ...... 23,100 23,100 12,900 16,100 CLASSIFIED PROGRAM USD(P) ...... 5,979 5,979 5,979 9,079 DEFENSE SUPPORT ACTIVITIES ...... 5,992 7,492 8,992 8,992 MANAGEMENT HEADQUARTERS (RESEARCH AND DEVELOPMENT) ...... 39,193 34,469 39,193 36,193 INFORMATION SYSTEMS SECURITY PROGRAM ...... 258,593 258,593 258,593 253,593 DEFENSE IMAGERY AND MAPPING PROGRAM ...... 109,430 134,430 109,430 119,430 DEFENSE RECONNAISSANCE SUPPORT ACTIVITIES (SPACE) ...... 49,403 41,003 57,403 52,503 TACTICAL UAVS ...... 122,004 60,007 34,507 54,507 ENDURANCE UAVS ...... 216,712 192,812 216,712 192,722 AIRBORNE RECONNAISSANCE SYSTEMS ...... 212,961 193,961 201,790 196,961 MANNED RECONNAISSANCE SYSTEMS ...... 27,784 51,784 27,784 27,784 DARP MANAGEMENT SUPPORT ...... 21,543 7,543 21,543 7,543 COUNTERDRUG INTELLIGENCE SUPPORT ...... 2,500 ...... MANAGEMENT HEADQUARTERS (AUXILIARY FORCES) ...... 1,926 1,926 7,626 1,926 PARTNERSHIP FOR PEACE ACTIVITIES ...... 1,993 1,993 ...... SPECIAL OPERATIONS ADVANCED TECHNOLOGY DEVELOPMENT ...... 8,009 9,009 8,009 9,009 SPECIAL OPERATIONS TACTICAL SYSTEMS DEVELOPMENT ...... 73,073 73,073 75,773 109,473 SPECIAL OPERATIONS INTELLIGENCE SYSTEMS DEVELOPMENT ...... 4,914 13,914 8,914 10,914 SOF OPERATIONAL ENHANCEMENTS ...... 26,357 32,937 17,757 23,937 CERP ...... 12,000 ...... 10,000 CLASSIFIED PROGRAM ...... 995,689 1,054,970 1,036,689 1,068,589 ECONOMIC ASSUMPTIONS ...... ¥49,000 ¥49,000

EXPLANATION PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Budget House Senate Conference

University Research Initiatives ...... 237,788 215,212 251,788 230,788 DEPSCOR ...... +10,000 +10,000 +10,000 Program reduction ...... ¥32,576 — ¥20,000 Southern Observatory for Astronomical Research ...... — +4,000 +3,000 H7704 CONGRESSIONAL RECORD — HOUSE September 23, 1997 EXPLANATION PROJECT LEVEL ADJUSTMENTS—Continued [In thousands of dollars]

Budget House Senate Conference

CARE ...... (3,000) — (3,000) Chemical and Biological Defense Program ...... 25,190 28,690 25,190 27,190 Non-antibiotic therapies ...... +1,500 — — Novel agent research ...... +2,000 — +2,000 Support Technologies—Applied Research ...... 101,932 141,932 115,932 113,932 AIT ...... +30,000 — — Wide bandgap electronics ...... +10,000 +14,000 +12,000 Computing Systems and Communications Technology ...... 341,752 325,057 344,252 327,557 Program reduction ...... ¥16,695 — ¥16,695 Reuse Technology Adoption Program (RTAP) ...... (7,500) +2,500 +2,500 Chemical and Biological Defense Program ...... 60,023 75,323 66,023 +73,023 Medical Biological Research ...... +9,500 — — SAFEGUARD ...... +5,800 +6,000 +3,000 Joint Service Chem/Bio Point Detection Sensor ...... — (1,500) (1,500) Chemical agent sensor technology ...... — — +10,000 Tactical Technology ...... 157,329 126,244 158,329 151,329 Simulation based design (Gulf Coast Region Maritime Ctr) ...... +3,000 — +3,000 Program reduction ...... ¥34,085 — ¥10,000 Compact lasers ...... — ¥3,000 ¥3,000 Chemically specific detection ...... — ¥3,000 ¥3,000 Center of Excellence for Researching in Ocean Sciences ...... — +7,000 +7,000 Facial recognition technology ...... — (3,000) (3,000) Integrated Command and Control Technology ...... 37,000 39,000 55,000 49,000 High definition camera ...... +2,000 — — High definition display systems ...... (4,000) — (4,000) Flat Panel Display ...... — +18,000 +12,000 High-definition optoelectric digital camera ...... — (2,000) (2,000) Materials and Electronics Technology ...... 192,192 208,192 224,692 237,692 Defense Microelectronics Activity ...... +10,000 — +10,000 Nanofabrication Laboratory ...... +6,000 — +6,000 Seamless high-off chip connectivity ...... — +7,500 +6,000 Hard carbon based coatings ...... — +1,000 +1,000 Multitechnology integration in mixed mode electronics ...... — +9,000 +7,500 Life support trauma and transport ...... — +4,000 +4,000 3-D multi-chip module electronics ...... — +5,000 +5,000 Cryogenic electronics ...... — +6,000 +6,000 Defense Special Weapons Agency ...... 211,971 200,593 226,971 212,593 Bioenvironmental research ...... +5,000 ...... +5,000 Program reduction ...... ¥16,378 ...... ¥16,378 Nuclear weapons effects core competencies ...... +15,000 +12,000 Explosive Demilitarization ...... 12,259 12,259 12,259 12,259 Cryogenic washout program ...... (2,000) ...... (2,000) Demining ...... 7,663 7,663 18,063 16,663 Humanitarian demining technologies ...... +10,400 +9,000 Mechanical clearance support ...... (1,000) (1,000) Remote area disassembly vehicle ...... (3,000) (2,000) Counterterror Technical Support ...... 34,863 34,863 40,863 40,863 PFNA ...... +3,000 +3,000 Antibiological device (ABD) ...... +3,000 +3,000 Counterproliferation Support ...... 58,264 67,264 61,264 68,264 Countrproliferation Analysis and Planning Systems (CAPS) ...... +9,000 ...... +7,000 HAARP ...... +3,000 +3,000 Support Technologies—Advanced Technology Development ...... 147,557 147,557 341,957 311,557 Advanced intercept technology ...... +40,000 +30,000 Space-based laser ...... +118,000 +98,000 Midcourse space experiment ...... +6,400 +5,000 APEX Program ...... +10,000 +8,000 Russian-American observational satellites (RAMOS) ...... +15,000 +13,000 Photo conduction on active pixel sensor technology ...... +5,000 +5,000 Scorpius ...... +10,000 +5,000 Automatic Target Recognition ...... 4,789 5,989 4,789 6,789 Optical correlators ...... +1,200 ...... Hyperspectral IPT ...... +2,000 Chemical and Biological Defense Program ...... 41,223 50,773 41,223 41,223 Medical biological programs ...... +6,700 ...... Joint Service Integrated Suit (JSLIST) ...... +2,850 ...... Special Technical Support ...... 11,750 9,750 14,750 +11,750 Program reduction ...... ¥2,000 ...... ¥2,000 Evaluate maritime combatant craft ...... +3,000 +2,000 Verification Technology ...... 83,370 69,070 73,370 84,370 Industry-based program to accelerate nuclear detection ...... +5,000 ...... +5,000 Enhanced segregated-surface solid state detectors ...... +3,000 ...... +3,000 Russian monitoring technologies ...... +3,000 ...... +3,000 Program reduction ...... ¥25,300 ...... ¥10,000 Nuclear monitoring technologies (explosion seismology) ...... (7,100) ...... (7,100) Hydroacoustics ...... (700) ...... (700) Program reduction ...... ¥10,000 ...... Caribbean radiation early warning system (CREWS) ...... (3,000) ...... Strategic Environmental Research Program ...... 54,874 61,874 57,874 61,874 Environmental clean-up workers health and safety program ...... +2,000 ...... +2,000 Risk-based toxic chemicals research ...... +2,000 ...... +2,000 Green energetics ...... +3,000 +3,000 +3,000 Advanced Electronics Technologies ...... 277,044 285,044 295,044 299,044 Center for Advanced Microstructures Devices (CAMD) ...... +3,000 ...... Cryoelectronics ...... +5,000 ...... Flat Panel Displays ...... (18,000) ...... Lithographic & Alternative Semiconductor Processing (LAST) ...... +23,000 +18,000 Point Source x-ray lithography ...... +3,000 +3,000 MT–06 program reduction ...... ¥3,000 ...... Defense Techlink rural technology transfer ...... +1,000 +1,000 Center for Advanced Microstructures Devices (CAMD) ...... +4,000 +4,000 MAFET ...... ¥10,000 ¥4,000 Institute for Advanced Flexible Manufacturing ...... (4,000) (4,000) Laser plasma x-ray source technology ...... (5,000) High Performance Computing Modernization Program ...... 126,211 124,880 151,211 149,880 Program reduction ...... ¥1,331 ...... ¥1,331 Operation, maintenance, and upgrade of supercomputers purchased with DoD RDT&E funds ...... +25,000 +25,000 Sensor and Guidance Technology ...... 166,855 154,855 162,855 169,555 GEOSAR ...... +13,000 ...... +10,700 GPS Guidance Package ...... (6,000) ...... (6,000) Program reduction ...... ¥25,000 ...... ¥5,000 Large Millimeter Wave Telescope ...... +3,000 +3,000 Tactical Radar Program ...... ¥7,000 ¥6,000 Marine Technology ...... 69,143 21,943 21,943 21,943 Arsenal Ship ...... ¥47,200 ¥47,200 ¥47,200 Smart anti-submarine warfare and sonar STAP ...... (6,000) ...... (4,000) Land Warfare Technology ...... 82,580 89,180 81,980 82,980 Active structural control ...... +6,600 +4,400 +5,400 Small unit operations ...... ¥5,000 ¥5,000 CALS Initiative ...... 1,916 5,916 5,916 9,916 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7705 EXPLANATION PROJECT LEVEL ADJUSTMENTS—Continued [In thousands of dollars]

Budget House Senate Conference

Integrated Data Environment (IDE) ...... +4,000 +4,000 +4,000 RAMP ...... +4,000 Joint Theater Missile Defense—Dem/Val ...... 542,619 542,619 612,619 605,419 Extended air defense testbed ...... +9,600 +7,800 Advanced Research Center (ARC) ...... +7,000 +7,000 ARROW ...... +15,000 +12,000 Kauai test facility ...... +5,000 +5,000 Upgrades for theater missile defense (PMRF) ...... +33,400 +31,000 Chemical and Biological Defense Program—EMD ...... 120,535 138,535 120,535 130,535 Joint vaccine program ...... +8,000 ...... +5,000 Decontamination technology ...... +10,000 ...... +5,000 Defense Imagery and Mapping Program ...... 109,430 134,430 109,430 119,430 SAR imagery ...... +25,000 ...... +5,000 USIGS Improv ...... +5,000 Defense Reconnaissance Support Activities (Space) ...... 49,403 41,003 57,403 52,503 Program reduction ...... ¥8,400 ...... ¥4,900 Pacific Disaster Center ...... +8,000 +8,000 Tactical UAVS ...... 122,004 60,007 34,507 54,507 Outrider ...... ¥87,497 ¥87,497 ¥87,497 TCS for the Predator ...... +11,500 ...... +8,000 MSAG ...... +4,000 ...... +4,000 Vertical takeoff and landing ...... +10,000 ...... +8,000 Endurance UAVS ...... 216,712 192,812 216,712 192,722 Predator transfer ...... ¥14,900 ...... ¥14,900 HAE Ground Support ...... ¥9,000 ...... ¥9,000 Airborne Reconnaissance Systems ...... 212,961 193,961 201,790 196,961 JMTE Advanced Technology ...... +8,000 ...... E-O Framing technology ...... +15,000 ...... +7,000 ABIT System Test and Evaluation ...... +3,000 ...... +1,000 JASA Standards ...... ¥3,000 ...... ¥3,000 HFE Development ...... ¥3,000 ...... ¥3,000 Global Hawk SIGINT ...... ¥16,200 ¥16,200 ¥16,200 JSAF high band subsystem ...... ¥25,800 +5,000 ¥1,800 High Data Rate Lasercom Sys ...... +3,000 ...... Special Operations Tactical Systems Development ...... 73,073 73,073 75,773 109,473 Remote act munitions ...... +1,000 ...... Helmet ...... +1,700 ...... Advanced Seal Delivery System ...... , +,36,400 Special Operations Intelligence Systems Development ...... 4,914 13,914 8,914 10,914 Enhancements for Special Ops Intelligence Vehicle ...... +5,000 ...... +3,000 Joint Threat Warning System (JTWS) ...... +4,000 +4,000 +3,000 SOF Operational Enhancements ...... 26,357 32,937 17,757 23,937 Special Tech Assault Craft ...... +5,800 ...... +5,800 Classified ...... +780 ...... +780 .50 calibre ball ammo ...... +400 ...... Program reduction ...... ¥9,000 ¥9,000

MISSILE FEASIBILITY ASSESSMENTS ment’s process of transferring its business MATERIALS AND ELECTRONICS TECHNOLOGY The conferees note the past success process from a paper to electronic medium, The conferees have provided $5,000,000 to be achieved by the Countermeasures Hands-On especially as this process is implemented used only for 3–D multi-chip module (MCM) Program (CHOP) and Hands-On Threat Dem- with small and medium size businesses. The electronics. Thee funds will be used to de- onstration (HTD) programs in assessing the conferees are aware that it has proven dif- velop and demonstrate key technologies be- feasibility of countermeasures to ballistic ficult to assess how effective the ECRC con- hind a packaging concept that uses a stacked missile defense programs and cruise missile cept has been given the many variables that MCM approach to reduce interconnect length threats to the United States. The conferees affect the pace and efficiency at which DoD and increase physical connectivity between believe a similar program to assess the fea- and the rest of the federal government con- layers of electronics. sibility of the development of long-range bal- vert from paper-based management func- SUPPORT TECHNOLOGIES—BMDO listic missile capabilities by rouge or other tions to EC/EDI. Nevertheless, the conferees The conferees direct that the $13,000,000 states will be useful in assessing potential believe better program performance meas- provided for the Russian-American Observa- missile threats to the United States. Accord- ures must be established for the ECRC pro- tional Satellites (RAMOS) program shall be ingly, the conferees provide $2,400,000 to the gram to help implement a policy of making available only for the RAMOS program. CHOP program from the amount provided for the ECRC’s essentially self-sustaining over a VTOL UAV TECHNOLOGY National Missile Defense for the initiation of five-year period to measure their compara- The conferees agree to provide $8,000,000 to an effort to demonstrate the feasibility of tive value to DoD, and to evaluate methods continue the development of a Vertical building and testing a long-range ballistic to improve EC outreach, education and Takeoff and Landing (VTOL) unmanned aer- missile using open source literature and ma- training, and technical support to both gov- ial vehicle (UAV) and to initiate a dem- terials likely to be available to potential ernment and industry. The Department is di- onstration program of future VTOL UAV rouge nations. The effort shall be conducted rected to work with the ECRC integrators to technology, which should include dem- using the same approach employed by the develop a set of performance indicators CHOP and HTD programs. onstrating a stopped rotor, high speed, and (metrics) for the ECRCs that (1) focus on reaction driven concept. The development Furthermore, of the amount provide for their ability to become self-sustaining, (2) National Missile Defense Demonstration and and acquisition strategy for this demonstra- prove their value in the market place, (3) en- tion program should be coordinated with the Validation (Program Element 0603871C), not courage them to support and aid the govern- less than $150,000 shall be provided to the Navy Science and Technology Requirements ment effort to develop FACENET or other Office. HTD Program for completion of cruise mis- forms of electronic commerce, (4) measure sile flight testing. their value to DoD relative to one another, ENDURANCE UAVS ELECTRONIC COMMERCE RESOURCE CENTERS (5) keep their operating costs low, (6) track The conferees agree to a $9,000,000 reduc- (ECRC’S) the number of instances in which a customer tion for HAE support. This reduction shall The conferees direct that the establish- adopts or expands use of EC/EDI, and (7) not be applied against the development and ment of additional ECRC sites shall be based measure customer satisfaction. testing for the two HAE common ground seg- on a Department of Defense analysis of re- ments. gional needs, with priority given to States ATMOSPHERIC RESEARCH UNIVERSITY AFFILIATED RESEARCH CENTERS not currently having such a facility already The conferees understand that the Ballis- (UARCS) established. tic Missile Defense Organization has ex- The conferees believe that a UARC should ECRC PERFORMANCE MEASURES pressed interest in the development of a pan- be defined as a university receiving more The conferees believe that significant cost oceanic environmental and atmospheric re- than $10,000,000 in sole source non-competi- saving benefits will be derived from the gov- search laboratory. The conferees would en- tive contracts. ernment adopting and using electronic com- courage the Defense Department to allocate INSTITUTE FOR DEFENSE ANALYSES merce (EC) and electronic data interchange funding within BMDO to initiate this pro- The conferees do not agree to place restric- (EDI) in its business functions. The conferees gram during fiscal year 1998. The conferees tions on funds for the Institute for Defense view Electronic Commerce Resource Centers expect to address additional funding for this Analyses proposed by the House, since the as a key element in advancing the Depart- program in fiscal year 1999. Defense Department has recently indicated H7706 CONGRESSIONAL RECORD — HOUSE September 23, 1997 its willingness to provide classified tactical DEVELOPMENTAL TEST AND EVALUATION, aircraft IDA studies to the Appropriations DEFENSE Committees. The conference agreement is as follows:

[In thousands of dollars]

Budget House Senate Conference

DEVELOPMENTAL TEST & EVAL. DEFENSE: CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CT ...... 131,353 131,353 116,353 123,353 ECONOMIC ASSUMPTIONS ...... ¥2,000 ¥2,000

EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Budget House Senate Conference

DEVELOPMENTAL TEST AND EVALUATION, DEFENSE: CENTRAL TEST AND EVALUATION INVESTMENT ...... 131,353 131,353 116,353 123,353 PROGRAM REDUCTION ...... ¥15,000 ¥8,000 ECONOMIC ASSUMPTIONS ...... ¥2,000 ¥2,000

NATIONAL ASSESSMENT GROUP (NAG) Defense, Test and Evaluation Program Ele- directed that outyear funding for NAG be in- ment 0605804D be transferred to Assessment cluded in PE 0604942D. The conferees recognize the critical re- and Evaluation Program Element 0604942D. OPERATIONAL TEST AND EVALUATION, quirement for this activity and its mission This transfer is required to establish the Na- DEFENSE as outlined in its charter, and direct that, at tional Assessment Group as a fully oper- the beginning of fiscal year 1998, $4,654,973 in ational and autonomous organization. It is The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Conference

OPERATIONAL TEST & EVALUATION, DEFENSE: OPERATIONAL TEST AND EVALUATION ...... 13,187 13,187 21,187 17,187 LIVE FIRE TESTING ...... 10,197 19,497 10,197 14,197

[In thousands of dollars]

Budget House Senate Conference

Operational Test and Evaluation ...... 13,187 13,187 21,187 17,187 Operational field testing ...... +8,000 +4,000 Live fire testing ...... 10,197 19,497 10,197 14,197 Simulation and modeling ...... +9,300 ...... +4,000

OPERATIONAL TEST AND EVALUATION all aspects of operational field assessments. The conferees direct that the funds provided The review should assess past and current ef- for operational field assessments shall not be The conferees agree to provide $4,000,000 for forts, potential duplication of existing as- obligated until the required report is pro- operational field assessments. However, the sessment capabilities, users of the assess- vided to Congress. conferees are concerned about the widely dif- ment program, and the roles of possible par- fering views within the Department of De- TITLE V—REVOLVING AND fense on this issue. To clarify this situation, ticipants, to include OT&E, the Services, MANAGEMENT FUNDS the conferees direct the Joint Staff Director NRO, DIA, and others as appropriate. The conferees agree to the following for Force Structure, Resources and Assess- The report is to be provided to the Com- amounts for Revolving and Management ment (J–8) to conduct a thorough review of mittees on Appropriations by March 30, 1998. Funds programs:

Budget House Senate Conference

Defense Working Capital Funds ...... 33,400 971,942 871,952 971,952 Military Commissary Fund, Defense ...... 938,552 ...... National Defense Sealift Fund ...... 1,191,426 1,199,926 516,126 1,074,948 Total, Revolving and Management Funds ...... 2,163,378 2,171,878 1,388,078 2,046,900

DEFENSE WORKING CAPITAL FUNDS NATIONAL DEFENSE SEALIFT FUND cludes $15,000,000 only for procurement of The conferees agree to provide $971,952,000 The conferees agree to provide lighterage. for the Defense Working Capital Fund. The $1,074,948,000. This includes reductions of conferees agree to merge funding for oper- $131,000,000 for cost adjustments on previous TITLE VI—OTHER DEPARTMENT OF ations of the Defense Commissary Agency LMSR conversion ships which can be de- DEFENSE PROGRAMS into the Defense working capital fund rather ferred until fiscal year 1999 and $478,000 of ex- The conference agreement is as follows: than including such funding in a separate ac- cess advance procurement funds for new count. LMSR construction. The agreement also in- [In thousands of dollars]

Budget House Senate Conference

Defense Health ...... 10,301,650 10,309,750 10,317,675 10,369,075 Chemical Agents and Munitions Destruction, Defense ...... 620,700 595,700 609,700 600,700 Drug Interdiction and Counter-Drug Activities, Defense ...... 652,582 713,082 691,482 712,882 Office of the Inspector General ...... 138,380 142,980 135,380 138,380 Total, Other Department of Defense Programs ...... 11,713,312 11,761,512 11,754,237 11,821,037

DEFENSE HEALTH PROGRAM EXPLANATION OF PROJECT LEVEL ADJUSTMENTS [In thousands of dollars]

Budget House Senate Conference

Medical Programs, O&M ...... +8,100 +16,025 +67,425 Breast Cancer (military programs) ...... +25,000 ...... +25,000 Head Injury ...... +1,000 ...... +1,000 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7707 EXPLANATION OF PROJECT LEVEL ADJUSTMENTS—Continued [In thousands of dollars]

Budget House Senate Conference

Air Force Neuroscience ...... +4,900 ...... +4,900 Diabetes Research ...... +4,000 ...... +4,000 Epidermolysis Bullosa ...... +1,000 ...... +1,000 Medical Imaging ...... +4,700 ...... +3,500 Tissue Engineering ...... +4,700 ...... +3,500 HIV ...... +15,000 ...... +15,000 Minimally Invasive Research ...... +13,000 ...... +13,000 Lab Upgrades ...... +8,000 ...... +8,000 Nervous System Studies ...... +4,500 ...... +4,500 Gulf War Illness ...... +4,500 ...... +4,500 PACMEDNET ...... +10,000 ...... +10,000 High risk automation systems ...... ¥20,000 ...... ¥20,000 HPSP Tax Liability ...... ¥70,800 ¥70,800 ¥70,800 Economic adjustment ...... ¥1,400 ...... Hepatitis A Vaccine ...... +25,000 +17,000 Military Health Information Services ...... +10,000 +7,000 USUHS ...... +13,000 +13,000 Pacific Island Health Care Program ...... +5,000 +5,000 Brown Tree Snakes ...... +1,000 +1,000 Cancer Control Program ...... +8,925 +8,925 Army Research Institute ...... +5,400 +5,400 Committee Increase ...... +1,500 ...... Military Nursing Research ...... +5,000 +5,000 Disaster Management Training ...... +5,000 +5,000 Holloman Air Force Base ...... +7,000 +5,000 Restoration of Army O&M (VAC) ...... +8,000 Economic Adjustment ...... ¥20,000

BREAST CANCER MILITARY RETIREE HEALTH CARE Appropriations Act to assess the FEHBP op- The conferees have provided a total of The conferees are encouraged by the recent tion, the Department indicated there may be $160,000,000 only for breast cancer research decision to implement the Medicare sub- some merit in conducting a limited FEHBP and related treatment. Of that amount vention demonstration, to provide health demonstration program. The conferees be- $135,000,000 is for the Army’s peer-reviewed care for Medicare-eligible military retirees lieve such an effort, if analyzed in conjunc- research program. The conferees are very en- who are not currently covered under tion with TRICARE and the Medicare sub- couraged with the administration of this TRICARE. The conferees believe a properly vention options, would provide the Depart- program and with the composition of, and tailored subvention demonstration, coupled ment of Defense, other affected Federal strategy developed by the program’s peer re- with continued assessment of the TRICARE agencies, and Congress with a more complete view panel and believe this should be main- program, is essential to develop the data picture of the potentially available means tained. The remaining $25,000,000 is to be needed to evaluate the success, and ade- for providing health care for the over-65 used to improve access to care for military quacy, of military managed care programs. military beneficiary population. Therefore, members and their families. The conferees understand the Department is the conferees direct the Secretary of De- TELEMEDICINE focusing its efforts in the first phase of the fense, in consultation with the Director of The conferees agree that pursuant to the Medicare subvention demonstration on rapid the Office of Personnel management, to sub- GAO report ‘‘Telemedicine: Federal Strategy implementation. However, this emphasis mit a legislative proposal for Congressional is Needed to Guide Investments’’, DoD may not provide a true picture of the rel- consideration next year to implement a lim- Health Affairs should contract with an out- ative merits of the subvention program, as it ited FEHBP demonstration program. The side organization, which has previously dem- may preclude analysis of a representative program plan should cover only Medicare-el- onstrated the ability to assess and plan stra- sampling of beneficiary populations (such as igible beneficiaries and include cost esti- tegic telehealth initiatives, to enumerate those in rural areas, or in regions with a mates that are based on current beneficiary current telehealth efforts and recommend high density retiree population). participation data. The conferees believe the Department coordination activities among the tri-serv- should rapidly move towards a second phase DNA DATA BANK ices to prevent duplication and enhance Medicare subvention demonstration, which ‘‘dual use’’ telecommunications for health The conferees strongly support Depart- takes into account such factors and will give care delivery, education and related public ment of Defense policies that protect infor- the Department a more diverse sampling of sector applications. This assessment should data and one more representative of the ac- mation in its ‘‘DNA Data Bank’’ for soldiers, also include the worldwide computer-based tual challenges facing the military heath as outlined in its April 2, 1996 policy memo- patient record as a necessary component of care delivery system. The Department is di- randum. Because this pool of genetic data is telehealth. The resulting report and rec- rected to submit a report to the congres- one of the largest in the country, the con- ommendations shall be provided to the con- sional defense committees not later than ferees are concerned about the possibility for gressional defense committees by April 1, March 1, 1998, on its plans for phase one of health, life, and disability insurers to use 1998. the Medicare subvention demonstration as this data for inappropriate and discriminator NATIONAL REHABILITATION HOSPITAL well as its plans regarding subsequent dem- purposes. The conferees direct the Depart- The conferees are pleased with the success onstration phases. ment of Defense to continue to promote poli- of the cooperative effort between the Depart- While encouraged by the advent of the sub- cies that provide the utmost protection of ment of the Army and the National Rehabili- vention effort, the conferees note that alter- the genetic information in the ‘‘Armed tation Hospital at the Assistive Technology native options, such as providing the Federal Forces Repository of Specimen Samples for Research Center. Through its efforts, indi- Employees Health Benefits Plan (FEHBP) to the Identification of Remains.’’ viduals with disabilities are benefiting from Medicare-eligible military retirees, exist and CHEMICAL AGENTS AND MUNITIONS technology advances previously limited to could serve to further ameliorate the prob- DESTRUCTION, DEFENSE the military. The conferees urge that this ef- lems caused by TRICARE ‘‘lock-out.’’ In re- fort be continued. sponse to a directive in last year’s Defense The conference agreement is as follows: [In thousands of dollars]

Budget House Senate Qty Conference

CHEM AGENTS & MUNITION DESTRUCTION, DEF. CHEM DEMILITARIZATION—O&M ...... 472,200 472,200 467,200 ...... 462,200 CHEM DEMILITARIZATION—PROC...... 82,200 67,200 77,200 ...... 72,200 CHEM DEMILITARIZATION— RDTE ...... 66,300 56,300 70,300 ...... 66,300 ECONOMIC ASSUMPTIONS ...... ¥5,000 ......

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE The conference agreement is as follows: H7708 CONGRESSIONAL RECORD — HOUSE September 23, 1997 [In thousand of dollars]

Budget House Senate Conference

Dismantling Cartels ...... 54,306 ...... 54,306 Source Nation Support ...... 166,763 ...... 174,963 National Imagery & Mapping Agency ...... 8,374 7,574 8,374 7,574 LEA Support (1004) ...... 3,585 18,585 3,585 3,585 Riverine Interdiction Initiative ...... 4,200 9,000 Detection and Monitoring ...... 124,686 ...... 124,686 Law Enforcement Agency Support ...... 223,589 ...... 275,189 Gulf States Counterdrug Initiative ...... 3,366 16,166 10,066 16,166 Multi-Jurisdictional Task Force ...... 2,047 6,047 2,047 6,047 Southwest Border Information System ...... 5,000 ...... 4,000 Civil Air Patrol ...... 1,175 3,975 1,175 1,175 National Interagency Counter-drug Institute ...... 3,000 ...... Southwest Border Fence ...... 7,000 ...... 4,000 Optionally Piloted Air Vehicle ...... 2,500 ...... HIDTA Crack House Demolition ...... 2,300 ...... 2,300 C-26 Aircraft Photo Reconnaissance Upgrade ...... 11,000 ...... 4,500 Non-Intrusive Inspection Systems RDT&E ...... 16,013 11,413 16,013 16,013 National Guard ...... 132,358 132,358 157,358 149,358 Regional Police Information System ...... 3,000 3,000 Demand Reduction ...... 83,238 ...... 83,738 Young Marines Program ...... 500 1,000 500 1,000 Total ...... 652,582 713,082 691,482 712,882

GULF STATES INITIATIVE Patrol, but have provided those funds in the ished are controlled by the public agency, The conferees agree with the direction con- Operation and Maintenance Title. that hazardous materials are not present and tained in House report 105–206 and provide HIDTA CRACK HOUSE DEMOLITION that the appropriate law enforcement agency $16,166,000 for the Gulf States Initiative The conferees agree to provide $2,300,000 as has certified the sites as drug distribution (GSI). The conferees have funded this pro- recommended by the House for Crack House centers. gram in the Drug Interdiction account, but Demolition and related missions. The con- direct that management of this program, ferees are concerned about the physical pro- OFFICE OF THE INSPECTOR GENERAL with the exception of the Regional Counter- tection of National Guard personnel during drug Training Academy, be transferred to The conferees agree to provide $138,380,000 demolition missions and expect the Guard for the Office of the Inspector General. Of the Joint Military Intelligence Program and local law enforcement agencies to ar- this amount, $136,580,000 shall be for oper- (JMIP). The conferees direct the Coordinator range for protection prior to the execution of for Drug Enforcement Policy and Support to these missions. The conferees are also con- ation and maintenance activities and provide $13,135,000 to the JMIP to manage cerned about the status of the properties to $1,800,000 shall be for procurement. and operate the GSI in fiscal year 1998. be demolished. The conferees understand TITLE VII—RELATED AGENCIES CIVIL AIR PATROL that the National Guard intends to require The conferees agree to provide $2,800,000 legal certification from the lead public agen- The conferees agree to the following above the budget request for the Civil Air cy that titles to the structures to be demol- amounts for Related Agencies: [In Thousands of Dollars]

Request House Senate Conference

Intelligence Community Management Account ...... 122,580 125,580 122,580 121,080 National Security Education Trust Fund ...... 2,000 2,000 2,000 2,000 Central Intelligence Agency Retirement and Disability System Fund ...... 196,900 196,900 196,900 196,900 Payment to Kaho’olawe Island Conveyance, Remediation, and Environmental Restoration Fund ...... 10,000 10,000 10,000 35,000

INTELLIGENCE COMMUNITY MANAGEMENT tors participating in the test program estab- cludes an additional $474,000,000 over the ACCOUNT lished by Section 854 of Public Law 101–89. President’s request for NMD, responding to a Details of the adjustments to this account The conferees included a general provision request from the Secretary of Defense after (Section 8034) earmarking funds for the Civil are addressed in the classified annex accom- significant shortfalls were discovered in pro- Air Patrol. panying this report. grammed funding. Section 8048 offsets the The conferees included a general provision additional funds provided in the conference TITLE VIII—GENERAL PROVISIONS (Section 8035) governing the activities of de- agreement for NMD by a like reduction, on a The conference agreement incorporates fense federally funded research and develop- pro-rata basis, to each activity funded in general provisions of the House and Senate ment centers (FFRDCs). title IV. versions of the bill which were not amended. The conferees included a general provision (Section 8043) which amends a Senate provi- The conferees included a general provision Those general provisions that were amended (Section 8056) which amends Senate language in conference follow: sion offsetting funds provided to meet flying hour shortfalls. The conference agreement regarding the mitigation of environmental The conferees included a general provision contains significant increases over the budg- impact of DoD activities on Indian lands. (Section 8005) which amends Senate language et request to meet shortfalls in flying hour The conferees included a general provision concerning transfer authority and which pro- and spare parts funding, depot maintenance, vides $65,000,000 for termination costs of the (Section 8061) which amends House language and other readiness requirements of both the concerning the increase or transfer of DoD Reserve Mobilization Income Insurance Pro- Active and Reserve components. Section 8043 gram. personnel assigned to headquarters activities provides offsets for these critical readiness and field operating agencies. The conferees included a general provision programs through reductions, on a pro-rata The conferees included a general provision (Section 8008) providing multiyear procure- basis, to each activity funded in titles III ment authority for certain programs. and IV of the conference agreement. (Section 8062) which amends Senate language The conferees included a general provision The conferees included a new general pro- authorizing intelligence activities. (Section 8024) which amends Senate language vision (Section 8048) which offsets funding The conferees included a general provision earmarking funds for Indian Financing Act provided for National Missile Defense (NMD). (Section 8064) which amends House and Sen- Incentives and extends eligibility to contrac- In title IV, the conference agreement in- ate language recommending rescissions.

House Senate Conference

FISCAL YEAR 1996 SHIPBUILDING AND CONVERSION, NAVY: AFS Ship ...... ¥35,600,000 0 ¥35,600,000

Subtotal ...... ¥35,600,000 0 ¥35,600,000

OTHER PROCUREMENT, NAVY: SHINCOM ...... ¥3,300,000 ...... ¥3,300,000

Subtotal ...... ¥3,300,000 0 ¥3,300,000 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7709

House Senate Conference

Total fiscal year 1996 ...... ¥38,900,000 0 ¥38,900,000

FISCAL YEAR 1997 AIRCRAFT PROCUREMENT, ARMY: Blackhawk Advance Procurement ...... ¥5,000,000 0 ¥5,000,000 Subtotal ...... ¥5,000,000 0 ¥5,000,000

PROCUREMENT OF AMMUNITION, ARMY: Armament Retooling and Manufacturing Support ...... ¥5,000,000 0 ¥5,000,000 Subtotal ...... ¥5,000,000 0 ¥5,000,000

OTHER PROCUREMENT, ARMY: Maneuver Control System ...... ¥6,000,000 0 ¥6,000,000 Subtotal ...... ¥6,000,000 0 ¥6,000,000

AIRCRAFT PROCUREMENT, NAVY: F/A–18E/F (Fighter) Hornet (AP–CY) ...... ¥24,000,000 0 ¥24,000,000 Subtotal ...... ¥24,000,000 0 ¥24,000,000

OTHER PROCUREMENT, NAVY: SHINCOM ...... ¥2,200,000 0 ¥2,200,000 Subtotal ...... ¥2,200,000 0 ¥2,200,000

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY: Armored System Modernization-Adv Development ...... 0 0 ¥6,000,000 Subtotal ...... 0 0 ¥6,000,000

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY: Classified programs ...... 0 0 ¥40,000,000 Subtotal ...... 0 0 ¥40,000,000

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE: Classified programs ...... 0 ¥25,000,000 ¥25,000,000 Subtotal ...... 0 ¥25,000,000 ¥25,000,000

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE: Tactical UAV Outrider ...... 0 ¥20,000,000 ¥20,000,000 Follow-on-TMD Airborne sensors for ballistic missile tracking ...... 0 ¥9,700,000 ¥4,000,000 Subtotal ...... 0 ¥29,700,000 ¥24,000,000

Total fiscal year 1997 ...... ¥2,200,000 ¥54,700,000 ¥137,200,000

Grand total ...... ¥81,000,000 ¥54,700,000 ¥176,100,000

The conferees have rescinded a portion of mittee and the Senate Armed Services Com- the conditions under which the Secretary of the fiscal year 1997 funds provided for the mittees on warranties in contracts for the Defense may issue waivers to the Buy Amer- Airborne Sensors for Ballistic Missile Track- acquisition of defense weapon systems. The ica Act. ing project. The conferees direct that the conferees agree to a reduction of $75,000,000 The conferees included a new general pro- first priority for the remaining funds shall rather than $50,000,000 as proposed by the vision (Section 8127) which rescinds be to accomplish any valid technology trans- House. $100,000,000 from funds appropriated in pre- fer to Airborne Laser (ABL) program. The conferees included a general provision vious Defense Department Appropriations The conferees included a general provision (Section 8109) which amends Senate language Acts which are expected to expire at the end (Section 8086) which amends Senate language concerning a pilot project within the Mari- of fiscal year 1998. making funds available for Reserve peace- time Technology Program to make technical The conferees included a new general pro- time support to active duty and civilian ac- corrections. vision (Section 8128) which allows the Sec- tivities. The conferees included a general provision retary of Defense to provide funds for oper- The conferees included a general provision (Section 8114) which amends House language ational costs associated with the Lexington (Section 8090) which amends House language restricting the use of Research and Develop- Bluegrass facility. for ship cost adjustments requested by the ment funding for the procurement of end- The conferees included a new general pro- Navy and program adjustments for the F–22. items. vision (Section 8129) to facilitate contractor It also includes transfer of funds formerly for The conferees included a general provision teaming for construction of submarines. It is prior year ship construction projects to the (Section 8117) which prohibits the Depart- required by the Navy in order to implement RDT&E appropriation. The conferees direct ment from entering into or renewing a con- the President’s budget request and appro- that $9,500,000 within the Research, Develop- tract with an entity unless the contractor priation in this Act for funding for the New ment, Test and Evaluation, Navy appropria- has submitted an annual report to the De- Attack Submarine. tion be used only in the Advanced Transition partment of Labor concerning the employ- The conferees included a new general pro- Technology program for the integration of ment of veterans. The conferees express their vision (Section 8130) establishing the Na- advanced propulsion technology within a understanding that under current regula- tional Security Strategy Study Group. composite structure and mission capable tions, the annual report for 1997 must be sub- The conferees included a new general pro- communications to be used for multi-mis- mitted not later than September 30, 1998. vision (Section 8131) establishing a panel to sion patrol craft. The conferees included a general provision review the need for continued production of The conferees included a new general pro- (Section 8121) which amends Senate language the B–2 bomber. vision (Section 8097) to provide funding for earmarking funds to demonstrate expanded The conferees included a general provision the refurbishment of the USS Intrepid. use of multi-technology automated reader (Section 8132) which amends House language The conferees included a general provision cards. restricting the use of funds for the U.S. mili- (Section 8105) which amends House language The conferees included a general provision tary deployment in Bosnia after June 30, reducing funding provided to the Operation (Section 8122) which amends Senate language 1998. The amended provision denies the use of and Maintenance accounts of the Army, requiring a report on all anticipated costs to funds in the Defense Appropriations Act, Navy, and Air Force to compensate for ex- the United States for the admission of the 1998, for the deployment of U.S. armed forces cess inventory. Czech Republic, Poland and Hungary to in the Republic of Bosnia and Herzegovina The conferees included a general provision NATO. after June 30, 1998, unless the President, (Section 8106) which amends House language The conferees included a general provision after consultation with the bipartisan lead- concerning savings from changes to law pro- (Section 8123) which amends Senate language ership of the Senate and House of Represent- posed by the House National Security Com- concerning reciprocal trade agreements and atives, transmits to the Congress not later H7710 CONGRESSIONAL RECORD — HOUSE September 23, 1997 than May 15, 1998 a certification that the ARLEN SPECTER, Ganske LoBiondo Rogan continued presence of United States armed PETE DOMENICI, Gejdenson Lofgren Rogers Rohrabacher forces is required in order to meet the na- CHRISTOPHER S. BOND, Gekas Lucas Gephardt Luther Ros-Lehtinen tional security interests of the United MITCH MCCONNELL, Gibbons Maloney (CT) Rothman States. Any such certification shall specify RICHARD SHELBY, Gilchrest Maloney (NY) Roukema the following aspects of any deployment be- JUDD GREGG, Gillmor Manton Roybal-Allard yond June 30, 1998: KAY BAILEY HUTCHISON, Gilman Manzullo Royce (1) The reasons why such deployment is in DANIEL K. INOUYE, Goode Markey Rush the national interest; ROBERT BYRD, Goodlatte Martinez Ryun Sabo (2) The number of United States military PATRICK J. LEAHY, Goodling Mascara Gordon Matsui Salmon personnel to be deployed in and around the DALE BUMPERS, Goss McCarthy (MO) Sanchez Republic of Bosnia and Herzegovina and the FRANK R. LAUTENBERG, Graham McCarthy (NY) Sanders former Yugoslavia; BYRON L. DORGAN, Granger McCollum Sandlin (3) The expected duration of any such de- Managers of the Part of the Senate. Green McCrery Sanford Sawyer ployment; f Greenwood McDade (4) The mission and objectives of United Gutierrez McDermott Saxton States military forces deployed in and Gutknecht McGovern Scarborough REGARDING CANADIAN BORDER Schaefer, Dan around the Republic of Bosnia and Hall (OH) McHale BOAT LANDING PERMITS Schaffer, Bob Herzegovina and the former Yugoslavia; and Hall (TX) McHugh Hamilton McInnis Schumer (5) The exit strategy for United States The SPEAKER pro tempore [Mr. Hansen McIntosh Sensenbrenner forces engaged in such deployment; GUTKNECHT]. The pending business is Harman McIntyre Sessions (6) The costs associated with any deploy- the question de novo of suspending the Hastert McKeon Shadegg Shaw ment beyond June 30, 1998; and rules and passing the bill, H.R. 2027. Hastings (WA) McKinney (7) The impact of such deployment on the Hayworth McNulty Shays The Clerk read the title of the bill. Hefley Meehan Sherman morale, retention, and effectiveness of U.S. Shimkus forces: The SPEAKER pro tempore. The Hefner Meek Herger Menendez Shuster Pursuant to Section 8132, concurrent with question is on the motion offered by Sisisky Hill Metcalf the submission of any such certification, the the gentleman from Texas [Mr. SMITH] Skaggs Hilleary Mica Skeen President shall submit to the Congress a fis- that the House suspend the rules and Hilliard Millender- Skelton cal year 1998 supplemental appropriations re- pass the bill, H.R. 2027. Hinchey McDonald Slaughter quest for such amounts as are necessary for Hinojosa Miller (CA) The question was taken. Smith (MI) any continued deployment beyond June 30, Hobson Miller (FL) Mr. CONDIT. Mr. Speaker, I object to Smith (NJ) Hoekstra Minge 1998. Smith (OR) the vote on the ground that a quorum Holden Mink CONFERENCE TOTAL—WITH COMPARISONS Smith (TX) Hooley Moakley is not present and make the point of Smith, Adam The total new budget (obligational) au- Horn Mollohan order that a quorum is not present. Smith, Linda thority for the fiscal year 1998 recommended Moran (KS) The SPEAKER pro tempore. Evi- Hostettler Snowbarger by the Committee of Conference, with com- Houghton Moran (VA) dently a quorum is not present. Snyder parisons to the fiscal year 1997 amount, the Hoyer Morella Solomon 1998 budget estimates, and the House and The Sergeant at Arms will notify ab- Hulshof Murtha Souder Senate bills for 1998 follow: sent Members. Hunter Myrick Spence New budget (obligational) Hutchinson Nadler Spratt The Chair announces that this will be Hyde Neal authority, fiscal year Stabenow followed by a series of 5-minute votes. Inglis Nethercutt Stark 1997 ...... $242,389,726,000 The vote was taken by electronic de- Istook Neumann Budget estimates of new Stearns vice, and there were—yeas 412, nays 5, Jackson (IL) Ney Stenholm (obligational) authority, Jackson-Lee Northup not voting 16, as follows: Stokes fiscal year 1998 ...... 243,923,541,000 (TX) Norwood Strickland House bill, fiscal year 1998 248,335,303,000 [Roll No. 419] Jefferson Nussle Stump Senate bill, fiscal year 1998 247,184,859,000 YEAS—412 Jenkins Oberstar Stupak Conference agreement, fis- John Obey Sununu cal year 1998 ...... 247,708,522,000 Abercrombie Burr Delahunt Johnson (CT) Olver Talent Conference agreement Ackerman Burton DeLauro Johnson (WI) Ortiz Tanner Aderholt Buyer DeLay Johnson, E. B. Owens Tauscher compared with: ...... Allen Callahan Dellums Jones Oxley New budget Tauzin Andrews Calvert Deutsch Kanjorski Packard Taylor (MS) (obligational) author- Archer Camp Diaz-Balart Kaptur Pallone Taylor (NC) ity, fiscal year 1997 ... +5,318,796,000 Armey Campbell Dickey Kasich Pappas Thomas Budget estimates of Bachus Canady Dicks Kelly Parker Thornberry new (obligational) Baesler Cannon Dingell Kennedy (MA) Pascrell Thune authority, fiscal year Baker Capps Dixon Kennedy (RI) Pastor Thurman 1998 ...... +3,784,981,000 Baldacci Cardin Doggett Kennelly Paul Tiahrt Ballenger Castle Dooley Kildee Paxon Tierney House bill, fiscal year Barcia Chabot Doolittle 1998 ...... 626,781,000 Kilpatrick Payne Towns ¥ Barr Chambliss Doyle Kim Pease Traficant Senate bill, fiscal year Barrett (NE) Chenoweth Dreier Kind (WI) Pelosi Turner 1998 ...... +523,663,000 Barrett (WI) Christensen Duncan King (NY) Peterson (MN) Upton BILL YOUNG, Bartlett Clay Dunn Kingston Peterson (PA) Velazquez JOSEPH M. MCDADE, Barton Clayton Edwards Kleczka Petri Vento Bass Clement Ehlers JERRY LEWIS, Klink Pickering Visclosky Bateman Clyburn Ehrlich JOE SKEEN, Klug Pickett Walsh Bentsen Coble Emerson Wamp DAVID L. HOBSON, Knollenberg Pitts Bereuter Coburn Engel Kolbe Pombo Watkins HENRY BONILLA, Berman Collins English Kucinich Pomeroy Watts (OK) GEORGE R. NETHERCUTT, Berry Combest Ensign LaFalce Porter Waxman Jr., Bilirakis Condit Eshoo LaHood Portman Weldon (FL) ERNEST ISTOOK, Bishop Conyers Etheridge Lampson Poshard Weldon (PA) Blagojevich Cook Evans RANDY ‘‘DUKE’’ Lantos Price (NC) Weller Bliley Cooksey Everett CUNNINGHAM, Largent Pryce (OH) Wexler Blumenauer Costello Ewing Weygand BOB LIVINGSTON, Latham Quinn Blunt Cox Farr LaTourette Radanovich White JOHN P. MURTHA, Boehlert Coyne Fattah Lazio Rahall Whitfield NORM DICKS, Boehner Cramer Fawell Leach Ramstad Wicker (Except on amend- Bonior Crane Fazio Levin Rangel Wise ment dealing with Bono Crapo Filner Lewis (CA) Redmond Wolf the B–2 bomber), Borski Cubin Foley Lewis (GA) Regula Woolsey Boswell Cummings Forbes W.G. BILL HEFNER, Lewis (KY) Riggs Wynn Boucher Cunningham Ford Young (AK) MARTIN OLAV SABO, Linder Riley Boyd Danner Fowler Lipinski Rivers Young (FL) JULIAN C. DIXON, Brady Davis (FL) Fox Livingston Roemer PETER J. VISCLOSKY, Brown (CA) Davis (IL) Franks (NJ) Managers on the Part of the House. Brown (FL) Davis (VA) Frelinghuysen NAYS—5 Brown (OH) Deal Frost TED STEVENS, Bryant DeFazio Furse Becerra Scott Watt (NC) THAD COCHRAN, Bunning DeGette Gallegly Carson Waters September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7711 NOT VOTING—16 Cannon Gutknecht McIntosh Shuster Stokes Vento Capps Hall (OH) McIntyre Sisisky Strickland Visclosky Bilbray Hastings (FL) Serrano Cardin Hall (TX) McKeon Skaggs Stump Walsh Bonilla Johnson, Sam Thompson Carson Hamilton McKinney Skeen Stupak Wamp Flake Lowey Torres Castle Hansen McNulty Skelton Sununu Waters Foglietta Reyes Yates Chabot Harman Meehan Slaughter Talent Watkins Frank (MA) Rodriguez Chambliss Hastert Meek Smith (MI) Tanner Watts (OK) Gonzalez Schiff Chenoweth Hastings (WA) Menendez Smith (NJ) Tauscher Waxman b Christensen Hayworth Metcalf Smith (OR) Tauzin Weldon (FL) 2125 Clay Hefley Mica Smith (TX) Taylor (MS) Weldon (PA) Ms. WATERS changed her vote from Clayton Hefner Millender- Smith, Adam Taylor (NC) Weller Clement Herger McDonald Smith, Linda Thomas Wexler ‘‘yea’’ to ‘‘nay.’’ Clyburn Hill Miller (CA) Snowbarger Thornberry Weygand So (two-thirds having voted in favor Coble Hilleary Miller (FL) Snyder Thune White thereof) the rules were suspended and Coburn Hilliard Minge Solomon Thurman Whitfield the bill was passed. Collins Hinchey Mink Souder Tiahrt Wicker Combest Hinojosa Moakley Spence Tierney Wise The result of the vote was announced Condit Hobson Mollohan Spratt Towns Wolf as above recorded. Conyers Hoekstra Moran (KS) Stabenow Traficant Woolsey A motion to reconsider was laid on Cook Holden Moran (VA) Stark Turner Wynn Stearns Upton Young (AK) the table. Cooksey Hooley Morella Costello Horn Murtha Stenholm Velazquez Young (FL) f Cox Hostettler Myrick NOES—2 Coyne Houghton Nadler ANNOUNCEMENT BY THE SPEAKER Cramer Hoyer Neal Scott Watt (NC) Crane Hulshof Nethercutt ANSWERED ‘‘PRESENT’’—1 PRO TEMPORE Crapo Hunter Neumann The SPEAKER pro tempore [Mr. Cubin Hutchinson Ney Paul Cummings Hyde Northup GUTKNECHT]. Pursuant to the provi- Cunningham Inglis Norwood NOT VOTING—15 sions of clause 5, rule I, the Chair an- Danner Istook Nussle Bonilla Hastings (FL) Schiff nounces that he will reduce to a mini- Davis (FL) Jackson (IL) Oberstar Flake Lowey Serrano mum of 5 minutes the period of time Davis (IL) Jackson-Lee Obey Foglietta Reyes Thompson Davis (VA) (TX) Olver Frank (MA) Rodriguez Torres within which a vote by electronic de- Deal Jefferson Ortiz Gonzalez Schaffer, Bob Yates vice may be taken on each additional DeFazio Jenkins Owens motion to suspend the rules on which DeGette John Oxley b 2133 the Chair has postponed further pro- Delahunt Johnson (CT) Packard DeLauro Johnson (WI) Pallone So (two-thirds having voted in favor ceedings. DeLay Johnson, E. B. Pappas thereof) the rules were suspended and f Dellums Johnson, Sam Parker the bill, as amended, was passed. Deutsch Jones Pascrell The result of the vote was announced Diaz-Balart Kanjorski Pastor JACOB WETTERLING CRIMES Dickey Kaptur Paxon as above recorded. AGAINST CHILDREN AND SEXU- Dicks Kasich Payne A motion to reconsider was laid on ALLY VIOLENT OFFENDERS REG- Dingell Kelly Pease the table. ISTRATION IMPROVEMENTS ACT Dixon Kennedy (MA) Pelosi Doggett Kennedy (RI) Peterson (MN) f OF 1997 Dooley Kennelly Peterson (PA) The SPEAKER pro tempore. The Doolittle Kildee Petri CARL B. STOKES UNITED STATES Doyle Kilpatrick Pickering COURTHOUSE pending business is the question of sus- Dreier Kim Pickett pending the rules and passing the bill, Duncan Kind (WI) Pitts The SPEAKER pro tempore [Mr. H.R. 1683, as amended. Dunn King (NY) Pombo GUTKNECHT]. The pending business is Edwards Kingston Pomeroy the question de novo of suspending the The Clerk read the title of the bill. Ehlers Kleczka Porter The SPEAKER pro tempore. The Ehrlich Klink Portman rules and passing the bill, H.R. 643. question is on the motion offered by Emerson Klug Poshard The Clerk read the title of the bill. the gentleman from Florida [Mr. Engel Knollenberg Price (NC) The SPEAKER pro tempore. The English Kolbe Pryce (OH) MCCOLLUM] that the House suspend the Ensign Kucinich Quinn question is on the motion offered by rules and pass the bill, H.R. 1683, as Eshoo LaFalce Radanovich the gentleman from California [Mr. amended. Etheridge LaHood Rahall KIM] that the House suspend the rules Evans Lampson Ramstad and pass the bill, H.R. 643. The question was taken. Everett Lantos Rangel RECORDED VOTE Ewing Largent Redmond The question was taken. Mr. CONDIT. Mr. Speaker, I demand Farr Latham Regula RECORDED VOTE Fattah LaTourette Riggs a recorded vote. Fawell Lazio Riley Mr. CONDIT. Mr. Speaker, I demand A recorded vote was ordered. Fazio Leach Rivers a recorded vote. The SPEAKER pro tempore. This Filner Levin Roemer A recorded vote was ordered. Foley Lewis (CA) Rogan The SPEAKER pro tempore. This will be a five-minute vote. Forbes Lewis (GA) Rogers The vote was taken by electronic de- Ford Lewis (KY) Rohrabacher will be a 5-minute vote. vice, and there were—ayes 415, noes 2, Fowler Linder Ros-Lehtinen The vote was taken by electronic de- answered ‘‘present’’ 1, not voting 15, as Fox Lipinski Rothman vice, and there were—ayes 420, noes 0, Franks (NJ) Livingston Roukema follows: Frelinghuysen LoBiondo Roybal-Allard not voting 13, as follows: [Roll No. 420] Frost Lofgren Royce [Roll No. 421] Furse Lucas Rush AYES—420 AYES—415 Gallegly Luther Ryun Abercrombie Bass Borski Ganske Maloney (CT) Sabo Abercrombie Bass Borski Ackerman Bateman Boswell Gejdenson Maloney (NY) Salmon Ackerman Bateman Boswell Aderholt Becerra Boucher Gekas Manton Sanchez Aderholt Becerra Boucher Allen Bentsen Boyd Gephardt Manzullo Sanders Allen Bentsen Boyd Andrews Bereuter Brady Gibbons Markey Sandlin Andrews Bereuter Brady Archer Berman Brown (CA) Gilchrest Martinez Sanford Archer Berman Brown (CA) Armey Berry Brown (FL) Gillmor Mascara Sawyer Armey Berry Brown (FL) Bachus Bilbray Brown (OH) Gilman Matsui Saxton Bachus Bilbray Brown (OH) Baesler Bilirakis Bryant Goode McCarthy (MO) Scarborough Baesler Bilirakis Bryant Baker Bishop Bunning Goodlatte McCarthy (NY) Schaefer, Dan Baker Bishop Bunning Baldacci Blagojevich Burr Goodling McCollum Schumer Baldacci Blagojevich Burr Ballenger Bliley Burton Gordon McCrery Sensenbrenner Ballenger Bliley Burton Barcia Blumenauer Buyer Goss McDade Sessions Barcia Blumenauer Buyer Barr Blunt Callahan Graham McDermott Shadegg Barr Blunt Callahan Barrett (NE) Boehlert Calvert Granger McGovern Shaw Barrett (NE) Boehlert Calvert Barrett (WI) Boehner Camp Green McHale Shays Barrett (WI) Boehner Camp Bartlett Bonior Campbell Greenwood McHugh Sherman Bartlett Bonior Campbell Barton Bono Canady Gutierrez McInnis Shimkus Barton Bono Canady H7712 CONGRESSIONAL RECORD — HOUSE September 23, 1997 Cannon Gutknecht McIntyre Shaw Stearns Velazquez Carson Hansen Meehan Capps Hall (OH) McKeon Shays Stenholm Vento Castle Harman Meek Cardin Hall (TX) McKinney Sherman Stokes Visclosky Chabot Hastert Menendez Carson Hamilton McNulty Shimkus Strickland Walsh Chambliss Hastings (WA) Metcalf Castle Hansen Meehan Shuster Stump Wamp Chenoweth Hayworth Mica Chabot Harman Meek Sisisky Stupak Watkins Christensen Hefley Millender- Chambliss Hastert Menendez Skaggs Sununu Watt (NC) Clay Hefner McDonald Chenoweth Hastings (WA) Metcalf Skeen Talent Watts (OK) Clayton Herger Miller (CA) Christensen Hayworth Mica Skelton Tanner Waxman Clement Hill Miller (FL) Clay Hefley Millender- Slaughter Tauscher Weldon (FL) Clyburn Hilleary Minge Clayton Hefner McDonald Smith (MI) Tauzin Weldon (PA) Coble Hilliard Mink Clement Herger Miller (CA) Smith (NJ) Taylor (MS) Weller Collins Hinchey Moakley Clyburn Hill Miller (FL) Smith (OR) Taylor (NC) Wexler Combest Hinojosa Mollohan Coble Hilleary Minge Smith (TX) Thomas Weygand Condit Hobson Moran (KS) Coburn Hilliard Mink Smith, Adam Thornberry White Conyers Hoekstra Moran (VA) Collins Hinchey Moakley Smith, Linda Thune Whitfield Cook Holden Morella Combest Hinojosa Mollohan Snowbarger Thurman Wicker Cooksey Hooley Murtha Condit Hobson Moran (KS) Snyder Tiahrt Wise Costello Horn Myrick Conyers Hoekstra Moran (VA) Solomon Tierney Wolf Cox Hostettler Nadler Cook Holden Morella Souder Torres Woolsey Coyne Houghton Neal Cooksey Hooley Murtha Spence Towns Wynn Cramer Hoyer Nethercutt Costello Horn Myrick Spratt Traficant Young (AK) Crane Hulshof Neumann Cox Hostettler Nadler Stabenow Turner Young (FL) Crapo Hunter Ney Coyne Houghton Neal Stark Upton Cubin Hutchinson Northup Cummings Hyde Norwood Cramer Hoyer Nethercutt NOT VOTING—13 Crane Hulshof Neumann Cunningham Inglis Nussle Crapo Hunter Ney Bonilla Hastings (FL) Thompson Danner Istook Oberstar Cubin Hutchinson Northup Flake John Waters Davis (FL) Jackson (IL) Obey Cummings Hyde Norwood Foglietta Lowey Yates Davis (IL) Jackson-Lee Olver Cunningham Inglis Nussle Frank (MA) Schiff Davis (VA) (TX) Ortiz Danner Istook Oberstar Gonzalez Serrano Deal Jefferson Owens DeFazio Jenkins Oxley Davis (FL) Jackson (IL) Obey DeGette John Packard Davis (IL) Jackson-Lee Olver b 2141 Delahunt Johnson (CT) Pallone Davis (VA) (TX) Ortiz DeLauro Johnson (WI) Pappas Deal Jefferson Owens The Clerk announced the following DeLay Johnson, E. B. Parker DeFazio Jenkins Oxley pairs: Dellums Jones Pascrell DeGette Johnson (CT) Packard So (two-thirds having voted in favor Deutsch Kanjorski Pastor Delahunt Johnson (WI) Pallone thereof) the rules were suspended and Diaz-Balart Kaptur Paul DeLauro Johnson, E. B. Pappas Dickey Kasich Paxon DeLay Johnson, Sam Parker the bill was passed. Dicks Kelly Payne Dellums Jones Pascrell The result of the vote was announced Dingell Kennedy (MA) Pease Kanjorski Pastor Deutsch as above recorded. Dixon Kennedy (RI) Pelosi Diaz-Balart Kaptur Paul Doggett Kennelly Peterson (MN) Dickey Kasich Paxon A motion to reconsider was placed on the table. Dooley Kildee Peterson (PA) Dicks Kelly Payne Doolittle Kilpatrick Petri Dingell Kennedy (MA) Pease f Doyle Kim Pickering Dixon Kennedy (RI) Pelosi Dreier Kind (WI) Pickett Doggett Kennelly Peterson (MN) Duncan King (NY) Pitts Dooley Kildee Peterson (PA) HOWARD T. MARKEY NATIONAL Dunn Kingston Pombo Doolittle Kilpatrick Petri COURTS BUILDING Edwards Kleczka Pomeroy Doyle Kim Pickering Ehlers Klink Porter Dreier Kind (WI) Pickett The SPEAKER pro tempore. The Ehrlich Klug Poshard Duncan King (NY) Pitts pending business is the question de Emerson Knollenberg Price (NC) Dunn Kingston Pombo novo of suspending the rules and pass- Engel Kolbe Pryce (OH) Edwards Kleczka Pomeroy English Kucinich Quinn Ehlers Klink Porter ing the bill, H.R. 824. Ensign LaFalce Radanovich Ehrlich Klug Portman The Clerk read the title of the bill. Eshoo LaHood Rahall Emerson Knollenberg Poshard The SPEAKER pro tempore. The Etheridge Lampson Ramstad Engel Kolbe Price (NC) question is on the motion offered by Evans Lantos Rangel English Kucinich Pryce (OH) Everett Largent Redmond Ensign LaFalce Quinn the gentleman from California [Mr. Ewing Latham Regula Eshoo LaHood Radanovich KIM] that the House suspend the rules Farr LaTourette Reyes Etheridge Lampson Rahall and pass the bill, H.R. 824. Fattah Lazio Riggs Evans Lantos Ramstad Fawell Leach Riley Everett Largent Rangel The question was taken. Fazio Levin Rivers Ewing Latham Redmond RECORDED VOTE Filner Lewis (CA) Rodriguez Farr LaTourette Regula Mr. CONDIT. Mr. Speaker, I demand Foley Lewis (GA) Roemer Fattah Lazio Reyes Forbes Lewis (KY) Rogan Fawell Leach Riggs a recorded vote. Ford Linder Rogers Fazio Levin Riley A recorded vote was ordered. Fowler Lipinski Rohrabacher Filner Lewis (CA) Rivers The SPEAKER pro tempore. This Fox Livingston Ros-Lehtinen Foley Lewis (GA) Rodriguez Franks (NJ) LoBiondo Rothman Forbes Lewis (KY) Roemer will be a 5-minute vote. Frelinghuysen Lofgren Roukema Ford Linder Rogan The vote was taken by electronic de- Frost Lucas Roybal-Allard Fowler Lipinski Rogers vice, and there were—ayes 420, noes 0, Furse Luther Royce Fox Livingston Rohrabacher not voting 13, as follows: Gallegly Maloney (CT) Rush Franks (NJ) LoBiondo Ros-Lehtinen Ganske Maloney (NY) Ryun Frelinghuysen Lofgren Rothman [Roll No. 422] Gejdenson Manton Sabo Frost Lucas Roukema AYES—420 Gekas Manzullo Salmon Furse Luther Roybal-Allard Gephardt Markey Sanchez Gallegly Maloney (CT) Royce Abercrombie Bateman Boucher Gibbons Martinez Sanders Ganske Maloney (NY) Rush Ackerman Becerra Boyd Gilchrest Mascara Sandlin Gejdenson Manton Ryun Aderholt Bentsen Brady Gillmor Matsui Sanford Gekas Manzullo Sabo Allen Bereuter Brown (CA) Gilman McCarthy (MO) Sawyer Gephardt Markey Salmon Andrews Berman Brown (FL) Goode McCarthy (NY) Saxton Gibbons Martinez Sanchez Archer Berry Brown (OH) Goodlatte McCollum Scarborough Gilchrest Mascara Sanders Armey Bilbray Bryant Goodling McCrery Schaefer, Dan Gillmor Matsui Sandlin Bachus Bilirakis Bunning Gordon McDade Schaffer, Bob Gilman McCarthy (MO) Sanford Baesler Bishop Burr Goss McDermott Schumer Goode McCarthy (NY) Sawyer Baker Blagojevich Burton Graham McGovern Scott Goodlatte McCollum Saxton Baldacci Bliley Buyer Granger McHale Sensenbrenner Goodling McCrery Scarborough Ballenger Blumenauer Callahan Green McHugh Sessions Gordon McDade Schaefer, Dan Barcia Blunt Calvert Greenwood McInnis Shadegg Goss McDermott Schaffer, Bob Barr Boehlert Camp Gutierrez McIntosh Shaw Graham McGovern Schumer Barrett (NE) Boehner Campbell Gutknecht McIntyre Shays Granger McHale Scott Barrett (WI) Bonior Canady Hall (OH) McKeon Sherman Green McHugh Sensenbrenner Bartlett Bono Cannon Hall (TX) McKinney Shimkus Greenwood McInnis Sessions Barton Borski Capps Hamilton McNulty Shuster Gutierrez McIntosh Shadegg Bass Boswell Cardin September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7713 Sisisky Stump Visclosky OKLAHOMA CITY NATIONAL Kaptur Morella Shadegg Skaggs Stupak Walsh Kasich Murtha Shaw Skeen Sununu Wamp MEMORIAL ACT OF 1997 Kelly Myrick Shays Skelton Talent Waters The SPEAKER pro tempore. The Kennedy (MA) Nadler Sherman Slaughter Tanner Watkins Kennedy (RI) Neal Shimkus Smith (MI) Tauscher Watt (NC) pending business is the question de Kennelly Nethercutt Shuster Smith (NJ) Tauzin Watts (OK) novo of suspending the rules and pass- Kildee Neumann Sisisky Smith (OR) Taylor (MS) Waxman ing the Senate bill, S.871, as amended. Kilpatrick Ney Skaggs Smith (TX) Taylor (NC) Weldon (FL) Kim Northup Skeen Smith, Adam Thomas Weldon (PA) The Clerk read the title of the Senate Kind (WI) Norwood Skelton Smith, Linda Thompson Weller bill. King (NY) Nussle Slaughter Snowbarger Thornberry Wexler The SPEAKER pro tempore. The Kingston Oberstar Smith (MI) Snyder Thune Weygand Kleczka Obey Smith (NJ) Solomon Thurman White question is on the motion offered by Klink Olver Smith (OR) Souder Tiahrt Whitfield the gentleman from Utah [Mr. HANSEN] Klug Ortiz Smith (TX) Spence Tierney Wicker that the House suspend the rules and Knollenberg Owens Smith, Adam Spratt Torres Wise pass the Senate bill, S. 871, as amend- Kolbe Oxley Smith, Linda Stabenow Towns Wolf Kucinich Packard Snowbarger Stark Traficant Woolsey ed. LaFalce Pallone Snyder Stearns Turner Wynn The question was taken. LaHood Pappas Solomon Stenholm Upton Young (AK) Lampson Parker Souder Stokes Velazquez Young (FL) RECORDED VOTE Lantos Pascrell Spence Strickland Vento Mr. CONDIT. Mr. Speaker, I demand Largent Pastor Spratt a recorded vote. Latham Paxon Stabenow NOT VOTING—13 LaTourette Payne Stark Bonilla Gonzalez Schiff A recorded vote was ordered. Lazio Pease Stearns Coburn Hastings (FL) Serrano The SPEAKER pro tempore. This Leach Pelosi Stenholm Flake Johnson, Sam Yates will be a 5-minute vote. Levin Peterson (MN) Stokes Foglietta Lowey Lewis (CA) Peterson (PA) Strickland Frank (MA) Portman The vote was taken by electronic de- Lewis (GA) Petri Stump vice, and there were—ayes 414, noes 7, Lewis (KY) Pickering Stupak not voting 12, as follows: Linder Pickett Sununu b 2150 Lipinski Pitts Talent [Roll No. 423] So (two-thirds having voted in favor Livingston Pombo Tanner AYES—414 LoBiondo Pomeroy Tauscher thereof) the rules were suspended and Lofgren Porter Tauzin the bill was passed. Abercrombie Clyburn Frost Lucas Portman Taylor (MS) Ackerman Coble Furse The result of the vote was announced Luther Poshard Taylor (NC) Aderholt Collins Gallegly Maloney (CT) Price (NC) Thomas as above recorded. Allen Combest Ganske Maloney (NY) Pryce (OH) Thompson A motion to reconsider was laid on Andrews Condit Gejdenson Manton Quinn Thornberry the table. Archer Conyers Gekas Manzullo Radanovich Thune Armey Cook Gephardt Markey Rahall Thurman Bachus Cooksey Gibbons Martinez Ramstad Tiahrt f Baesler Costello Gilchrest Mascara Rangel Tierney Baker Cox Gillmor Matsui Redmond Torres Baldacci Coyne Gilman ROBERT J. DOLE UNITED STATES McCarthy (MO) Regula Towns Ballenger Cramer Goode McCarthy (NY) Reyes Traficant COURTHOUSE Barcia Crane Goodlatte McCollum Riggs Turner Barr Crapo Goodling The SPEAKER pro tempore (Mr. McCrery Riley Upton Barrett (NE) Cubin Gordon McDade Rivers Velazquez GUTKNECHT). The pending business is Barrett (WI) Cummings Goss McDermott Rodriguez Vento the question de novo of suspending the Bartlett Cunningham Graham McGovern Roemer Visclosky rules and passing the Senate bill, S. Barton Danner Granger McHale Rogers Walsh Bass Davis (FL) Green McHugh Rohrabacher Wamp 1000. Bateman Davis (IL) Greenwood McInnis Ros-Lehtinen Waters The Clerk read the title of the Senate Becerra Davis (VA) Gutierrez McIntyre Rothman Watkins bill. Bentsen Deal Gutknecht McKeon Roukema Watt (NC) Bereuter DeFazio Hall (OH) The SPEAKER pro tempore. The McKinney Roybal-Allard Watts (OK) Berman DeGette Hall (TX) McNulty Royce Waxman question is on the motion offered by Berry Delahunt Hamilton Meehan Rush Weldon (FL) the gentleman from California [Mr. Bilbray DeLauro Hansen Meek Ryun Weldon (PA) Bilirakis DeLay Harman KIM] that the House suspend the rules Menendez Sabo Weller Bishop Dellums Hastert Metcalf Salmon Wexler and pass the Senate bill, S. 1000. Blagojevich Deutsch Hastings (WA) Mica Sanchez Weygand The question was taken; and (two- Bliley Diaz-Balart Hayworth Millender- Sanders White thirds having voted in favor thereof) Blumenauer Dickey Hefley McDonald Sandlin Whitfield Blunt Dicks Hefner the rules were suspended and the Sen- Miller (CA) Sawyer Wicker Boehlert Dingell Herger Miller (FL) Saxton Wise ate bill was passed. Boehner Dixon Hill Minge Scarborough Wolf A motion to reconsider was laid on Bonior Doggett Hilleary Mink Schaefer, Dan Woolsey the table. Bono Dooley Hilliard Moakley Schaffer, Bob Wynn Borski Doolittle Hinchey Mollohan Schumer Young (AK) Boswell Doyle Hinojosa Moran (KS) Scott Young (FL) f Boucher Dreier Hobson Moran (VA) Sessions Boyd Duncan Hoekstra Brady Dunn Holden NOES—7 RONALD H. BROWN FEDERAL Brown (CA) Edwards Hooley Campbell Paul Sensenbrenner BUILDING Brown (FL) Ehlers Horn Chenoweth Rogan Brown (OH) Ehrlich Hostettler McIntosh Sanford The SPEAKER pro tempore. The Bryant Engel Houghton pending business is the question de Bunning English Hoyer NOT VOTING—12 Burr Ensign Hulshof novo of suspending the rules and pass- Bonilla Foglietta Lowey Burton Eshoo Hunter Coburn Frank (MA) Schiff ing the bill, H.R. 29. Buyer Etheridge Hutchinson Emerson Gonzalez Serrano The Clerk read the title of the bill. Callahan Evans Hyde Flake Hastings (FL) Yates The SPEAKER pro tempore. The Calvert Everett Inglis question is on the motion offered by Camp Ewing Istook Canady Farr Jackson (IL) b 2159 the gentleman from California [Mr. Cannon Fattah Jackson-Lee KIM] that the House suspend the rules Capps Fawell (TX) Mr. ROGAN changed his vote from and pass the bill, H.R. 29. Cardin Fazio Jefferson ‘‘aye’’ to ‘‘no.’’ Carson Filner Jenkins The question was taken; and (two- Castle Foley John So (two-thirds having voted in favor thirds having voted in favor thereof) Chabot Forbes Johnson (CT) thereof), the rules were suspended and the rules were suspended and the bill Chambliss Ford Johnson (WI) the Senate bill, as amended, was was passed. Christensen Fowler Johnson, E.B. passed. Clay Fox Johnson, Sam A motion to reconsider was laid on Clayton Franks (NJ) Jones The result of the vote was announced the table. Clement Frelinghuysen Kanjorski as above recorded. H7714 CONGRESSIONAL RECORD — HOUSE September 23, 1997 A motion to reconsider was laid on Hunter Mica Schaefer, Dan The result of the vote was announced Hutchinson Millender- Schaffer, Bob the table. Hyde McDonald Schumer as above recorded. Inglis Miller (CA) Scott A motion to reconsider was laid on f Istook Miller (FL) Sensenbrenner the table. Jackson (IL) Minge Sessions NATIONAL WILDLIFE REFUGE SYS- Jackson-Lee Mink Shadegg f TEM IMPROVEMENT ACT OF 1997 (TX) Moakley Shaw Jefferson Mollohan Shays HOOD BAY LAND EXCHANGE ACT The SPEAKER pro tempore (Mr. Jenkins Moran (KS) Sherman OF 1997 GUTKNECHT). The pending business is John Moran (VA) Shimkus Johnson (CT) Morella Shuster The SPEAKER pro tempore. The the question de novo of suspending the Johnson (WI) Murtha Sisisky pending business is the question de rules and concurring in the Senate Johnson, E. B. Myrick Skaggs novo of suspending the rules and pass- amendments to the bill, H.R. 1420. Johnson, Sam Nadler Skeen Jones Neal Skelton ing the bill, H.R. 1948, as amended. The Clerk read the title of the bill. Kanjorski Nethercutt Slaughter The Clerk read the title of the bill. The SPEAKER pro tempore. The Kaptur Neumann Smith (MI) The SPEAKER pro tempore. The question is on the motion offered by Kasich Ney Smith (NJ) question is on the motion offered by the gentleman from Alaska [Mr. Kelly Northup Smith (OR) Kennedy (MA) Norwood Smith (TX) the gentleman from Alaska [Mr. YOUNG] that the House suspend the Kennedy (RI) Nussle Smith, Adam YOUNG] that the House suspend the rules and concur in the Senate amend- Kennelly Oberstar Smith, Linda rules and pass the bill, H.R. 1948, as ments to the bill, H.R. 1420. Kildee Obey Snowbarger Kilpatrick Olver Snyder amended. The question was taken. Kim Ortiz Solomon The question was taken. RECORDED VOTE Kind (WI) Owens Souder RECORDED VOTE Mr. CONDIT. Mr. Speaker, I demand King (NY) Oxley Spence Kingston Packard Spratt Mr. CONDIT. Mr. Speaker, I demand a recorded vote. Kleczka Pallone Stabenow a recorded vote. A recorded vote was ordered. Klink Pappas Stark A recorded vote was ordered. The SPEAKER pro tempore. This Klug Parker Stearns Knollenberg Pascrell Stenholm The SPEAKER pro tempore. This will be a 5-minute vote. Kolbe Pastor Stokes will be a 5-minute vote. The vote was taken by electronic de- Kucinich Paxon Strickland The vote was taken by electronic de- vice, and there were—ayes 419, noes 1, LaFalce Payne Stump vice, and there were—ayes 420, noes 0, not voting 13, as follows: LaHood Pease Stupak Lampson Pelosi Sununu not voting 13, as follows: [Roll No. 424] Lantos Peterson (MN) Talent [Roll No. 425] AYES—419 Largent Peterson (PA) Tanner Latham Petri Tauscher AYES—420 Abercrombie Chabot Farr LaTourette Pickering Tauzin Abercrombie Castle Everett Ackerman Chambliss Fattah Lazio Pickett Taylor (MS) Ackerman Chabot Ewing Aderholt Chenoweth Fawell Leach Pitts Taylor (NC) Aderholt Chambliss Farr Allen Christensen Fazio Levin Pombo Thomas Allen Chenoweth Fattah Andrews Clay Filner Lewis (CA) Pomeroy Thompson Andrews Christensen Fawell Archer Clayton Foley Lewis (GA) Porter Thornberry Archer Clay Fazio Armey Clement Forbes Lewis (KY) Portman Thune Armey Clayton Filner Bachus Clyburn Ford Linder Poshard Thurman Bachus Clement Foley Baesler Coble Fowler Lipinski Price (NC) Tiahrt Baesler Clyburn Forbes Baker Collins Fox Livingston Pryce (OH) Tierney Baker Coble Ford Baldacci Combest Franks (NJ) LoBiondo Quinn Torres Baldacci Collins Fowler Ballenger Condit Frelinghuysen Lofgren Radanovich Towns Ballenger Combest Fox Barcia Conyers Frost Lucas Rahall Traficant Barcia Condit Franks (NJ) Barr Cook Furse Luther Ramstad Turner Barr Conyers Frelinghuysen Barrett (NE) Cooksey Gallegly Maloney (CT) Rangel Upton Barrett (NE) Cook Frost Barrett (WI) Costello Ganske Maloney (NY) Redmond Velazquez Barrett (WI) Cooksey Furse Bartlett Cox Gejdenson Manton Regula Vento Bartlett Costello Gallegly Barton Coyne Gekas Manzullo Reyes Visclosky Barton Cox Ganske Bass Cramer Gephardt Markey Riggs Walsh Bass Coyne Gejdenson Bateman Crane Gibbons Martinez Riley Wamp Bateman Cramer Gekas Becerra Crapo Gilchrest Mascara Rivers Waters Becerra Crane Gephardt Bentsen Cubin Gillmor Matsui Rodriguez Watkins Bentsen Crapo Gibbons Bereuter Cummings Gilman McCarthy (MO) Roemer Watt (NC) Bereuter Cubin Gilchrest Berman Cunningham Goode McCarthy (NY) Rogan Watts (OK) Berman Cummings Gillmor Berry Danner Goodlatte McCollum Rogers Waxman Berry Cunningham Gilman Bilbray Davis (FL) Goodling McCrery Rohrabacher Weldon (FL) Bilbray Danner Goode Bilirakis Davis (IL) Gordon McDade Ros-Lehtinen Weldon (PA) Bilirakis Davis (FL) Goodlatte Bishop Davis (VA) Goss McDermott Rothman Weller Bishop Davis (IL) Goodling Blagojevich Deal Graham McGovern Roukema Wexler Blagojevich Davis (VA) Gordon Bliley DeFazio Granger McHale Roybal-Allard Weygand Bliley Deal Goss Blumenauer DeGette Green McHugh Royce White Blumenauer DeFazio Graham Blunt Delahunt Greenwood McInnis Rush Whitfield Blunt DeGette Granger Boehlert DeLauro Gutierrez McIntosh Ryun Wicker Boehlert Delahunt Green Boehner DeLay Gutknecht McIntyre Sabo Wise Boehner DeLauro Greenwood Bonior Dellums Hall (OH) McKeon Salmon Wolf Bonior DeLay Gutierrez Bono Deutsch Hall (TX) McKinney Sanchez Woolsey Bono Dellums Gutknecht Borski Diaz-Balart Hamilton McNulty Sanders Wynn Borski Deutsch Hall (OH) Boswell Dickey Hansen Meehan Sandlin Young (AK) Boswell Diaz-Balart Hall (TX) Boucher Dicks Harman Meek Sanford Young (FL) Boucher Dickey Hamilton Boyd Dingell Hastert Menendez Sawyer Boyd Dicks Hansen Brady Dixon Hastings (WA) Metcalf Saxton Brady Dingell Harman Brown (CA) Doggett Hayworth Brown (CA) Dixon Hastert Brown (FL) Dooley Hefley NOES—1 Brown (FL) Doggett Hastings (WA) Brown (OH) Doolittle Hefner Paul Brown (OH) Dooley Hayworth Bryant Doyle Herger Bryant Doolittle Hefley Bunning Dreier Hill NOT VOTING—13 Bunning Doyle Hefner Burr Duncan Hilleary Bonilla Frank (MA) Schiff Burr Dreier Herger Burton Dunn Hilliard Coburn Gonzalez Serrano Burton Duncan Hill Buyer Edwards Hinchey Emerson Hastings (FL) Yates Buyer Dunn Hilleary Callahan Ehlers Hinojosa Flake Lowey Callahan Edwards Hilliard Calvert Ehrlich Hobson Foglietta Scarborough Calvert Ehlers Hinchey Camp Engel Hoekstra Camp Ehrlich Hinojosa Campbell English Holden b 2208 Campbell Engel Hobson Canady Ensign Hooley Canady English Hoekstra Cannon Eshoo Horn So (two-thirds having voted in favor Cannon Ensign Holden Capps Etheridge Hostettler thereof), the rules were suspended and Capps Eshoo Hooley Cardin Evans Houghton Cardin Etheridge Horn Carson Everett Hoyer the Senate amendments were con- Carson Evans Hostettler Castle Ewing Hulshof curred in. September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7715 Houghton Metcalf Saxton A motion to reconsider was laid upon SPECIAL ORDERS Hoyer Mica Scarborough Hulshof Millender- Schaefer, Dan the table. The SPEAKER pro tempore (Mr. Hunter McDonald Schaffer, Bob f GUTKNECHT). Under the Speaker’s an- Hutchinson Miller (CA) Schumer nounced policy of January 7, 1997, and Hyde Miller (FL) Scott PARLIAMENTARY INQUIRY Inglis Minge Sensenbrenner under a previous order of the House, Istook Mink Sessions Mr. SCARBOROUGH. Mr. Speaker, I the following Members will be recog- Jackson (IL) Moakley Shadegg have a parliamentary inquiry. nized for 5 minutes each. Jackson-Lee Mollohan Shaw (TX) Moran (KS) Shays The SPEAKER pro tempore (Mr. f Jefferson Moran (VA) Sherman GUTKNECHT). The gentleman will state The SPEAKER pro tempore. Under a Jenkins Morella Shimkus his parliamentary inquiry. John Murtha Shuster previous order of the House, the gen- Johnson (CT) Myrick Sisisky Mr. SCARBOROUGH. Mr. Speaker, I tleman from Florida [Mr. DIAZ- Johnson (WI) Nadler Skaggs understand that earlier this evening BALART] is recognized for 5 minutes. Johnson, E. B. Neal Skeen this House voice voted an agreement to [Mr. DIAZ-BALART addressed the Johnson, Sam Nethercutt Skelton acquiesce to funding for the NEA, to Jones Neumann Slaughter House. His remarks will appear here- the Senate’s position on NEA. Kanjorski Ney Smith (MI) after in the Extensions of Remarks.] Kaptur Northup Smith (NJ) Is there any method that Members Kasich Norwood Smith (OR) that do not want to acquiesce to the f Kelly Nussle Smith (TX) The SPEAKER pro tempore. Under a Kennedy (MA) Oberstar Smith, Adam Senate’s funding levels of NEA could Kennedy (RI) Obey Smith, Linda bring up another vote to have a re- previous order of the House, the gen- Kennelly Olver Snowbarger corded vote before this House? tleman from Illinois [Mr. DAVIS] is rec- Kildee Ortiz Snyder The SPEAKER pro tempore. The ognized for 5 minutes. Kilpatrick Owens Solomon Kim Oxley Souder Chair would inform the gentleman [Mr. DAVIS of Illinois addressed the Kind (WI) Packard Spence from Florida that the motion to recon- House. His remarks will appear here- King (NY) Pallone Spratt sider was laid upon the table. after in the Extensions of Remarks.] Kingston Pappas Stabenow Kleczka Parker Stark There may be other options available f Klink Pascrell Stearns to the gentleman from Florida at some Klug Pastor Stenholm later point, but the motion to recon- INHUMANE INCARCERATION OF Knollenberg Paul Stokes sider was laid upon the table. JENNIFER DAVIS IN PERU Kolbe Paxon Strickland Kucinich Payne Stump Mr. SCARBOROUGH. Mr. Speaker, The SPEAKER pro tempore. Under a LaFalce Pease Stupak parliamentary inquiry. previous order of the House, the gen- LaHood Pelosi Sununu The SPEAKER pro tempore. The gen- Lampson Peterson (MN) Talent tleman from Illinois (Mr. Ewing) is rec- Lantos Peterson (PA) Tanner tleman will state his parliamentary in- ognized for 5 minutes. Largent Petri Tauscher quiry. Mr. EWING. Mr. Speaker, I have re- Latham Pickering Tauzin Mr. SCARBOROUGH. Mr. Speaker, I quested this special order time to alert LaTourette Pickett Taylor (MS) understand also that there was a voice Lazio Pitts Taylor (NC) my colleagues and the country to the Leach Pombo Thomas vote designating the Ronald H. Brown plight of a 20-year-old young lady from Levin Pomeroy Thompson Federal Building earlier this evening, my district who has been incarcerated Lewis (CA) Porter Thornberry also by voice vote. Lewis (KY) Portman Thune in inhumane conditions in Peru for one Linder Poshard Thurman Is there a possibility that Members year this Thursday. One year after her Lipinski Price (NC) Tiahrt that want a recorded vote on the Ron- arrest on September 25, 1996, Jennifer Livingston Pryce (OH) Tierney ald H. Brown Federal Building also Davis has been denied due process of LoBiondo Quinn Torres would have the opportunity to vote on Lofgren Radanovich Towns law, including a trial and sentencing, Lucas Rahall Traficant that issue? and she still has no idea when to expect Luther Ramstad Turner The SPEAKER pro tempore. Again, a trial. Maloney (CT) Rangel Upton the Chair would state to the gentleman Maloney (NY) Redmond Velazquez Jennifer was arrested 1 year ago Manton Regula Vento from Florida the motion to reconsider when she foolishly agreed to serve as a Manzullo Reyes Visclosky was laid upon the table. ‘‘mule’’ in an increasingly common Markey Riggs Walsh practice in Latin America in which Martinez Riley Wamp f Mascara Rivers Waters gullible Americans are used to trans- Matsui Rodriguez Watkins PERSONAL EXPLANATION port drugs into the United States in ex- McCarthy (MO) Roemer Watt (NC) change for a free vacation and pay- McCarthy (NY) Rogan Watts (OK) Ms. WOOLSEY. Mr. Speaker, I was McCollum Rogers Waxman unavoidably detained during rollcalls ment. In Jennifer’s case, she was of- McCrery Rohrabacher Weldon (FL) 416, 417, and 418 earlier today because fered a free trip to Peru and $5,000 in McDade Ros-Lehtinen Weldon (PA) of a mechanical failure of my airplane exchange for carrying 3.3 kilograms of McDermott Rothman Weller cocaine. McGovern Roukema Wexler from San Francisco to Washington, DC. McHale Roybal-Allard Weygand Had I been present, I would have voted I want to say at the outset that in no McHugh Royce White ‘‘aye’’ on each of these bills. way do I condone or apologize for what McInnis Rush Whitfield Jennifer Davis did. As a Member of McIntosh Ryun Wicker f McIntyre Sabo Wise Congress, I have repeatedly stressed McKeon Salmon Wolf PERSONAL EXPLANATION my belief that the abuse of drugs is one McKinney Sanchez Woolsey of the most pressing issues facing our McNulty Sanders Wynn Ms. LOFGREN. Mr. Speaker, I was country and it is one of the biggest Meehan Sandlin Young (AK) also, unfortunately, on the 8 a.m. flight problems facing young people of our Meek Sanford Young (FL) on United from San Francisco to Wash- Menendez Sawyer country. ington that never did take off. So I was NOT VOTING—13 What Jennifer did was inexcusable unavoidably detained. I also missed and she must be punished for her acts. Bonilla Frank (MA) Schiff rollcalls 416, 417, and 418. Had I been Jennifer was 19 when she was arrested. Coburn Gonzalez Serrano present, I would have voted ‘‘aye’’ on Emerson Hastings (FL) Yates She had never been in trouble with the Flake Lewis (GA) each of these bills. law before and I believe her mistake Foglietta Lowey f was one of youthful indiscretion and poor judgment. She is not a profes- b 2215 PERSONAL EXPLANATION sional drug runner but a teenage kid So (two-thirds having voted in favor Mrs. EMERSON. Mr. Speaker, on rollcall who made a big mistake. thereof) the rules were suspended and Nos. 423, 424, and 425, I was unable to vote I have met with her parents and they the bill, as amended, was passed. because I was called home to attend to a sick are good, Christian people who have no The result of the vote was announced daughter. Had I been present, I would have tolerance for drugs or breaking the as above recorded. voted ``aye'' on each vote. law. Jennifer immediately admitted H7716 CONGRESSIONAL RECORD — HOUSE September 23, 1997 her guilt to the police at the time of respect due process of law. The House to this matter and we look forward to meet- her arrest and offered to atone for her Appropriations Committee has adopted ing with you. mistake by cooperating fully with the language raising concerns about the Sincerely, authorities. She has repeatedly admit- matter, and the full Senate has adopt- THOMAS W. EWING, Member of Congress. ted that she is guilty and has turned in ed an amendment cutting foreign aid RICHARD DURBIN, several professional drug traffickers to Peru. The American people are be- U.S. Senator. from Peru who arranged for this crime. ginning to question why this country HENRY J. HYDE, At every opportunity over the past should continue to send about $100 mil- Member of Congress. year, Jennifer has fully cooperated and lion in aid to Peru every year when the f has helped to lock up professional drug country has no respect for our laws. I HOUSTON NEEDS NONSTOP runners. will continue to raise a question in SERVICE TO TOKYO Her willingness to cooperate and Congress and remind my colleagues admit her guilt has gotten Jennifer no- that Ambassador Luna could not care The SPEAKER pro tempore (Mr. where. A year after her arrest, she sits less about the U.S. Congress. WHITFIELD). Under a previous order of in a jail with no trial or sentence. In Mr. Speaker, on this 1-year anniver- the House, the gentleman from Texas fact, Jennifer has been punished be- sary of Jennifer Davis’s arrest, I call [Mr. GREEN] is recognized for 5 min- cause of her cooperation. Her trial has on the Government of Peru to start utes. been repeatedly delayed because under treating prisoners like humans and Mr. GREEN. Mr. Speaker, the United the strange legal system in Peru her start respecting the right to due proc- States is currently negotiating a new case is tied to the provisional drug run- ess of law. I call on the United States bilateral aviation agreement with ners who she turned in. They have re- Secretary of State to personally bring Japan. It is vitally important that the peatedly delayed Jennifer’s trial. And this important matter to the highest United States press for the broadest if any of them appeal their sentence officials in Peru. possible agreement that would open up under this strange system, Jennifer’s EMBASSY OF PERU, nonstop service to Tokyo from Hous- case will go through appeal, too, this Washington, DC, June 17, 1997. ton, TX. Priority must be given first to despite her willingness to admit her Mr. THOMAS W. EWING, providing service to those major U.S. guilt. Member of Congress, Rayburn House Office cities, including Houston, that have no The Government of Peru offers weak Building, Washington, DC. nonstop service to Tokyo at all cur- and unconvincing excuses for this DEAR CONGRESSMAN EWING: I refer to your rently. delay. We have repeatedly found out letter requesting a meeting for June 19th in There is ample traffic to support order to discuss the cases of Ms. Jennifer that the officer who arrested Jennifer daily nonstop service between Houston Davis and Ms. Krista Barnes, two American and Tokyo. In addition, more competi- was later arrested himself for drug citizens who were detained in Peru with 6.4 trafficking. He has already had a trial, Kgrs. of cocaine. tion is needed between new United has been sentenced, served 6 months, Although I appreciate your kind invita- States gateways and Japan rather than and is already out on the streets, all tion, I must remind you that this is an inter- additional increased service from exist- this while Jennifer sits in jail awaiting nal domestic matter that involves the Peru- ing United States -Japan service a sentence. It is clear to me that some- vian Judicial branch which is separate and points. one in high places in Peru wants inac- independent from the Executive branch. Why does Houston deserve nonstop tion. One year without a sentence is Therefore, as the representative of the Head service? Houston is the fourth largest completely inexcusable. of State, and the Executive in particular, I city in the Nation and is a huge mar- am not authorized to discuss the issue with I again call on the Government of ket which is currently unserved by foreign authorities. All information I have nonstop service to Japan. The addition Peru to move forward with this case. It about these cases has been provided to you is time that people in high places in and some of your colleagues in a letter dated of nonstop air service will result in Peru give action to this young lady. June 9th. substantial economic benefit to Hous- The conditions which Jennifer is being Finally, I understand that on May 1st, you ton as it would increase annual output held in is inexcusable. The prison was and the Congressional Caucus on Human by over $800 million, provide over 5,600 built to hold 300 but has 700 women in Rights organized an informal conversation new jobs, and increase incomes in it. There is no running water, inad- about prison conditions and the judicial sys- Houston by $170 million. equate nourishment, including no tem in Peru. This Embassy attended the Here are more facts to back up this meeting and presented an informal paper on fruits or vegetables, disease is rampant argument. Houston is the largest city the issue. in the United States without nonstop and health care inadequate. Sick ani- Sincerely yours, service to Tokyo. Houston is also the mals, roaches, and rats abound in the RICHARDO V. LUNA, prison. Ambassador. second largest United States metro- Jennifer has lost over 20 pounds dur- politan area in terms of Asian popu- ing the years she has been held. The CONGRESS OF THE UNITED STATES, lation that does not have single plane prison conditions violate dozens of HOUSE OF REPRESENTATIVES, service to Asia. Houston is the second internationally recognized standards Washington, DC, June 16, 1997. largest international traffic gateway for the treatment of prisoners, stand- Ambassador RICARDO LUNA, without single plane service to Asia. ards to which the government of Peru Embassy of Peru, Two hundred seventy-three Houston Washington, DC. has agreed to comply. firms currently trade goods and serv- DEAR MR. AMBASSADOR: We are writing to ices with Japan. Nearly 540 other Hous- I have tried to convey my concerns respectfully request a meeting with you so with the Peruvian ambassador to the ton companies do business with East that we may personally discuss the matter of Asia as a whole, including Japan. Japa- United States, Mr. Luna. He has re- two Americans being held at the Santa fused to meet with me and other Mem- Monica de Chorillos women’s prison in Peru, nese companies have almost 90 subsidi- bers of Congress to discuss the case. I Ms. Jennifer Davis and Ms. Krista Barnes. aries in Houston as well as the largest am inserting in the RECORD a copy of We have arranged our schedules to accom- concentration of Japanese specialty a letter I received from the ambassador modate a meeting with you at 3:15 p.m. on chemical companies outside of Japan. in which he refused our request to meet Thursday, June 19 in the office of Rep. That is also in Houston. Houston is the with him. Ewing, 2417 Rayburn Building. We hope this Nation’s second leading city for inter- time is convenient for you. Please let us national business. b 2230 know as soon as possible whether you will be I am proud to have joined the gen- able to participate in this meeting by con- This issue has attracted attention in tleman from Texas [Mr. ARCHER], the this Congress, but unfortunately the tacting Eric Nicoll in the office of Rep. chairman, and my other Houston col- Ewing at 225–2371. Government of Peru does not seem to leagues in a letter to the President ear- Other members of Congress have expressed care one iota about due process of law. an interest in this case and may participate lier this year on this issue. As negotia- Both the House and the Senate have in this meeting. We will provide you with a tions continue with Japan, consider- passed sense of Congress resolutions list of attendees prior to the meeting. Thank ation should be given to the fact that calling for the Government of Peru to you very much for your continued attention new service between unserved United September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7717 States cities and Japan is more com- company and an environmental com- tion, Mr. Speaker, to pay a mining petitive and more preferable than addi- munity agreed to give away 65 million company for what its real interest and tional service from cities that already dollars’ worth of public land in Mon- the real value of its assets are. I think have service to Japan. tana in exchange for this mine. we have an obligation, Mr. Speaker, to Ms. JACKSON-LEE of Texas. Mr. Mr. Speaker, that created outrage in protect Margaret Reeb and her private Speaker, will the gentleman yield? Montana. Sportsmens’ groups and envi- property rights. I think we have an ob- Mr. GREEN. I yield to the gentle- ronmentalists expressed outrage be- ligation, Mr. Speaker, to make whole woman from Texas. cause Montanans feel great attachment the State of Montana by replacing the Ms. JACKSON-LEE of Texas. I thank to the public land. They hunt, they minerals that will be withdrawn with the gentleman from Texas, particularly fish, they hike, they pick berries, they other minerals that might be devel- for his effort. I simply want to join in camp. Mr. Speaker, many of them ac- oped. And so I have offered a fair pro- his remarks and acknowledge as a rep- tually make their living on public posal, a proposal that will protect resentative for the downtown business lands. those property rights, that will reim- community one of the strains on ex- Sensing that outrage, the President burse the State of Montana, and will panding business and expanding trade changed his mind, and he decided in- help that local community that is iso- is a lack of a direct route from Houston stead of 65 million dollars’ worth of lated and needs those jobs and that to Tokyo. I would encourage the nego- public land, he would take $100 million economic impact. tiators to seriously look at the impor- out of the Conservation Reserve Pro- I would hope that my colleagues will tance of the fourth largest city in the gram from Montana and give that to help me in trying to convince the Nation having a direct route from this mining company instead. That cre- President that there is a fairer plan Houston to Tokyo, and particularly ated outrage, Mr. Speaker. Farmers, than stealing Margaret Reeb’s property with respect to Continental Airlines environmentalists and sportsmen, all rights. There is a fairer plan than de- and other airlines that are looking at of whom believe greatly in the Con- nying Montana the jobs and the eco- that issue. servation Reserve Program, expressed nomic opportunities. Mr. GREEN. In reclaiming my time, their outrage. f Mr. Speaker, and I know it is a biparti- So then the President said no, he The SPEAKER pro tempore. Under a san effort by both Republicans and wanted $65 million from the Congress. previous order of the House, the gen- Democrats, because I am honored to And Congress said, whoa, wait a tleman from California [Mr. MARTINEZ] represent the Intercontinental Airport minute. is recognized for 5 minutes. now that the Federal court saw fit last There are three big problems, Mr. year to give it to me from district 18, Speaker, with the President’s plan. [Mr. MARTINEZ addressed the having lived there for many years. It is First, the White House forgot about House. His remarks will appear here- important to the whole business com- Montana. The General Accounting Of- after in the Extension of Remarks.] munity and all of Houston because of fice just issued a report that said that f the port and the trade we already do Montana is going to lose 466 jobs, $45 THE DEFICIT AND THE DEBT with Japan to have that nonstop serv- million in revenues. In fact, local Park ice. I hope those negotiators under- County will lose $1.2 million in reve- The SPEAKER pro tempore. Under stand that. nues in the first 5 years. the Speaker’s announced policy of Jan- f The second problem is that we have uary 7, 1997, the gentleman from Wis- discovered the mine was not an asset, consin [Mr. NEUMANN] is recognized for MONTANA MINING DISPUTE but rather a liability. There are serious half the time until midnight, 40 min- The SPEAKER pro tempore. Under a water quality problems arising out of utes, as the designee of the majority previous order of the House, the gen- previous mining activities, and the leader. tleman from Montana [Mr. HILL] is rec- President has proposed that the tax- Mr. NEUMANN. Mr. Speaker, I rise ognized for 5 minutes. payers assume those liabilities. tonight to talk about the good news Mr. HILL. Mr. Speaker, I rise this But, Mr. Speaker, the really big prob- that we can bring from Washington, evening to tell a story to my col- lem with this deal was that we found D.C., for a change and how much things leagues about a place called Cooke out that the mining company did not have changed from the past to where City, MT. Cooke City, MT, is an iso- own the ore. There is a lady by the we stand today. lated community in south central Mon- name of Margaret Reeb, who lives in I think to start this discussion, it tana. It is located about 3 miles north- Livingston, MT, whose mother was the would make sense that we talk about east of Yellowstone Park. It is sur- first woman in the Cooke City mining the difference between debt and deficit, rounded by a historical mining district camp, who over the years has acquired much like folks in their own home un- where there has been active mining for those mining claims, and she owns the derstand the difference between a well over 100 years. It also happens to ore. The problem was she was not con- checkbook and borrowing a mortgage be the home of a place called the New sulted, she was not asked, she never on a home. When we talk about the def- World Mine. signed. Margaret owns the asset. icit in this Nation, what we are talking Some of my colleagues might recog- Mr. Speaker, when the White House about is the amount of money that our nize the name the New World Mine. On was asked about this, what will happen Federal Government borrows each year October 12, 1996, a little over a year if Margaret Reeb does not want to sell more than what it takes in. That is ago, President Clinton announced that her ore, which she said she does not, how much it spends out of its check- he had entered into an agreement with the White House said, ‘‘Well, there’s book each year more than what it a foreign mining company and an envi- more than one way to skin a cat.’’ Mr. takes in. That is the deficit. So the ronmental community to stop the Speaker, we do not call it cat skinning amount they overdraw their check- process of proceeding with the develop- in Montana, we call it claim jumping. book, it is not a lot different than in ment of a new gold mine at the site of It is wrong in Washington, and it is our own home. If you overdraw your the New World Mine. He did so based wrong in Montana. checkbook, that is called a deficit. upon concerns that had been raised by Now the President has said that if we What our Government does each year members of the environmental commu- do not give him a blank check in the after they overdraw their checkbook is nity that mining at that site might Interior appropriations bill, he is going they go out and borrow money to make pose some risk to Yellowstone Park. to veto the Interior appropriations bill. their checks good. When they borrow However, in the process of interrupting What do we do? Some people say we money, of course, each year, that the process of the mine, the President should just walk away from this deal. amount that they have borrowed keeps also interrupted the environmental im- Others say that we should just give the adding up and up and up. pact statement that would have given President the $65 million and forget This chart I have brought with me us for certain an understanding of what about it. tonight shows how the debt has been the real risks would have been. So in I think both of those options are growing facing this Nation. As a mat- secret the President, a foreign mining wrong. I think that we have an obliga- ter of fact, in 1995 when I took office H7718 CONGRESSIONAL RECORD — HOUSE September 23, 1997 for the first time, the debt had reached against their home on a 30-year mort- that we laid out, we are significantly this point. gage and paid a mortgage payment ahead of schedule. As a matter of fact, One can see the especially steep every month for 30 years, but it was it would now appear that the budget climb that has been going on from, oh, strictly interest, would still then owe will be balanced for the first time since really the middle to late 1970’s, right the full principal as they started 30 1969 next year. That is in 1998, 4 years straight on through 1995. It is leading years prior? ahead of schedule, we will have had the us to a huge problem in this great Na- Mr. NEUMANN. That is exactly first balanced budget in 30 years be- tion that we live in. The total amount right, and that is exactly what we are cause of the efforts of this Congress of debt that we as a Nation face today, doing out here with one slight dif- and the changes that have been made. the total amount that they have bor- ference. Out here we are adding to that There is another way of looking at rowed cumulative then over the last 30 amount every year. Since 1969, this this, and I think it is important that years, the last time we had a balanced number has gotten bigger and bigger we understand that if we had come out budget was 1969, the total amount they and bigger. So if we put this in perspec- here and done absolutely nothing, this have borrowed since that date is $5.3 tive for the families out there who own would not have happened. When we trillion. $5.3 trillion they have spent a home, it is not only like they are just were elected in 1995, this red line shows more than they have taken in in this making the interest payment and not where the deficits were headed. The community by the year 1995. making any principal payment on that yellow line shows how much progress Let me translate that into English so mortgage, it is like they are paying the we made. To my friend from Florida, my col- my colleagues and anyone else viewing interest but adding to the mortgage league from Florida, does he remember this tonight can understand if you di- amount every year. So if you bought a what the first hundred days out here vide the total debt by the number of house and you borrowed $80,000 to buy people in the United States of America, were like in that first year? Does he re- that house, it is like we are paying the member the hassles and the fights we our Government has borrowed literally interest on the $80,000, but we are add- $20,000 for every man, woman and child went through during that first year? ing $4,000 to it next year; so you are at What we were going through is bring- in the United States of America. For a $84,000 at the end of the first year, and family of five like mine, that is $100,000 ing this red line, deficit line, down to $88,000 after that, and so on. Up and up here, and in the meantime we laid this total that our family is in debt on be- it goes. half of this Government, because, after plan into place, how we were going to all, we are the Government. The inter- b 2245 get to a balanced budget by 2002. But est alone for that family of five on this That is how we got to that $5.3 tril- the reality is we are outperforming our debt is $7,000 a year, or roughly $580 per lion in debt. As a matter of fact, I projections, and I am happy to bring to month. That is the interest alone on brought another chart here to kind of the American people the good news that the budget will in fact be bal- the Federal debt for a family of five is show how we got to this point, and this anced. We are not only on track but $580 a month. chart shows not only how we got here ahead of schedule, very different than A lot of people say, ‘‘Well, I don’t pay but how different things really are be- the Congress that was here before, on that much in taxes.’’ But the fact is tween the past and since 1995 when you track and ahead of schedule, and we every time you walk in the store and and I were both elected. For the first will have a balanced budget in 1998 for do something as simple as buy a loaf of time Republicans have controlled the bread, the store owner makes a small the first time in 30 years. House of Representatives in a long I have one more chart here that I profit on that loaf of bread, and part of time. This shows what Gramm–Rud- that profit gets sent to Washington, think is really important. I have been man-Hollings promised to do. What out with my constituents across the D.C., to pay the interest on the Federal they promised to do is stop overdraw- debt. State of Wisconsin, and you know when ing their checkbook. This is the deficit I tell them these things they say, Mr. Speaker, I yield to the gentleman line or the amount they were going to from Florida [Mr. FOLEY] who has ‘‘Well, you guys are lucky the economy overdraw their checkbook that they is performing so well that you have got joined me this evening. promised back in the late 1980’s and Mr. FOLEY. How much is the annual all this extra revenue coming in and early 1990’s, and we can see that they cost to the taxpayers aggregate for the because the revenue is coming in, you planned to balance the budget for the interest on the debt alone? have got a balanced budget, and you all Mr. NEUMANN. It is roughly 7 per- first time; that is, not spend any more are trying to look good because of it.’’ cent of this number, so the Federal money than what they had in their Well, I first point out that we have had Government is spending about $330 bil- checkbook. They planned to do that in good economies in the past, since 1969, lion every year. Roughly $1 out of 1993. The red line shows what they ac- and when we had good economies in the every 6 that the United States Govern- tually did. That is to say, the red line past my good friend from Florida ment spends is to pay nothing but in- shows that they kept overspending might recall what the Congresses that terest on this Federal debt. their checkbook year after year after were here before us did. When the We should remember a good part of year after year, and of course the debt economies were good and extra revenue this debt is held by people in foreign just keeps going up and up and up. came in it does not take Einstein to countries, which means we are really That is how we got to this $5.3 trillion figure out what Washington did. Wash- collecting tax dollars out of working in debt. These are the broken promises ington spent the money, and that is families’ paychecks out here in Wash- of the past that the American people very different in this Congress. While ington, and then we are paying that in- got so upset with that led them to the revenues were coming in strong be- terest out to foreign entities who hold making the change in this House of cause the economy was good, not only a good portion of this debt. Representatives in 1994, elected you, did we not spend the money, at the Mr. FOLEY. What the gentleman is elected myself and elected 70-some oth- same time we slowed the growth of saying tonight is that $330 billion that ers just like us because they were very Washington spending. So at the same is paying the interest on the debt does frustrated that they had been given time extra revenues were coming in not reduce the $5.3 trillion in debt? this promise and the promise was bro- this Congress slowed the growth of Mr. NEUMANN. That is exactly ken. Washington spending. Before we got right. That does nothing but pay the But I think it is also important that here this red column shows it was interest on the Federal debt. So even we understand how much things have growing by 5.2 percent a year. Since we after we get to a balanced budget, this changed since the American people did have been here it has only grown by 3.2 debt is still out there hanging over our send a new group out here in 1995, your- percent a year, still faster than some heads. If we do not do anything about self and myself included. This blue line would like, like myself. I would like to it, of course, this debt will be the leg- shows what we promised the American see this even smaller yet, but it is very acy that we leave for the next genera- people when we came in 1995, and no- significant to note that the growth of tion. tice the red line in a very different Washington spending has been slowed Mr. FOLEY. To put it in simple spot. We are not only on track to bal- by 40 percent in the first 2 years that terms, a family, if they borrowed ancing the budget in the 7-year plan we have been in office. September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7719 So it is not only a strong economy; People who had retired, who had ers in my district, from all age brack- certainly that is part of it, but in addi- worked all their life for this country, ets and all economic strata, we laid out tion to the strong economy we also now were being taxed under a new plan the plan that you carefully authored, have slowed the growth of Washington in order to balance the budget, but we the Debt Repayment Act of 1997, which spending, and the 2 things put together did not really balance it because we will only allow the Federal Govern- have put us in this position where we kept spending more and more and ment once we hit a surplus to spend 99 are going to balance the budget for the more. cents of every dollar of revenues; 1 per- first time in 30 years next year, 4 years Mr. NEUMANN. And therein lies the cent has to be earmarked for replace- ahead of the promises we made to the key. Reclaiming my time, therein lies ment of the funds that this Congress American people. the key. When we got here we realized has borrowed out of Social Security. But as my good friend from Florida that it was important that we cur- Again we talk about a trust fund. has been talking to his constituents tailed or slowed the growth of Wash- There is no trust there. It has been bor- about, I know even after we get to a ington spending, and that is why this rowed and raided for years and decades. balanced budget we still have that $5 other chart we had here is so impor- We replace money into the trust fund. trillion debt hanging over our heads. tant. When we got here we did slow the We also replace money into the high- Mr. FOLEY. Mr. Speaker, if the gen- growth of Washington spending. way trust fund and use some of the dol- tleman would yield, that is something I brought a line chart that kind of lars to pay down that deficit that I want to emphasize. shows the same thing. This red line looms, as well as additional tax cuts. You know, it is great to boast about shows how fast spending was going up One percent, thanks to your great cre- progress we are making, and I think we again before 1995, and after 1995 we can ative work on this bill, will be ear- have turned this place light years see the red lines going up at a slower marked for those 3 categories. around from where we were. But none rate. Well, if the red line is going up at And when I describe it to the seniors, of us have actually talked enough the slower rate, the blue line shows they say that is so common sense. We about that looming $5.3 trillion debt how fast revenue is growing up. Well, if in our family save 5 to 10 percent of that will remain even with the bal- revenue and spending was going up at every paycheck whenever possible. It is anced budget. Some estimates suggest the same rate, the deficit remained. not always possible, families run into that that number may climb to $6 tril- But we now have a good economy, so struggles, different unexpected de- lion by the year 2001, 2002. the blue line starts going up a little mands on their paycheck, but most So I think we have to underscore faster. At the same time the red line is families as a rule save 2, 5, 10 percent right now that we are talking about a going up slower. Spending is going up of weekly paychecks so that they can significant amount of debt that re- slower. Revenue is going up faster. put it in toward retirement, toward a mains after the balanced budget. That gets us to a balanced budget family vacation, toward the Christmas Mr. NEUMANN. Well, I think that it ahead of schedule, and that is exactly club account, toward what have you for is important to look at how far we what has happened. But not only is the safety and security. have come, and we should applaud the budget balanced at this point, we can Mr. NEUMANN. Just to expand on fact that we are going to have the first see what is going to happen next: With that a little bit, exactly how this balanced budget since 1969, and, you the spending going up at a slower rate would work, what we do is after we bal- know, before we go forward we should than the rate of revenue growth, we are ance the budget we cap the growth of also mention that 1993, that same year going to start running a surplus. Washington spending at a rate 1 per- they broke the promise that they were And I know my good friend from cent under the rate of revenue growth, supposed to have a balanced budget, Florida has been working on this be- at least 1 percent, it might be even that is a very famous year for another cause a surplus is important to the sen- more. reason. Without a single Republican iors in his district, and I would be In English let me translate that into vote in the House of Representatives happy to yield to hear what his seniors a picture here. If spending is going up, they passed the largest tax increase in have to say about the idea of paying off that is the red line, at a slower rate American history, and to my col- some of the debt so we can restore the than the revenue is going up, we have leagues that have forgotten what this Social Security trust fund. capped the growth of spending at a was like before we were here, in 1993 we Mr. FOLEY. Well, let me suggest slower rate than the growth of revenue. were talking about raising the mar- that I spent this past weekend back in That creates this surplus in here. The ginal income tax rate, we talked about Florida in my district, and I will also surplus is used two-thirds to pay back a 4.3 cent per gallon gasoline tax in- suggest that my district, when I first that Federal debt. Now part of that crease, and the money did not even get got elected, was the No. 1 of all the Federal debt is that money you are spent on building roads to provide a freshmen in the 104th Congress with talking about that is supposed to be in better infrastructure. They extended a the most Medicare recipients. I am the Social Security trust fund. Every 2.5 cent per gallon gasoline tax in- number 7 in the Nation of every Mem- year the government is taking in more crease, they raised the taxes on Social ber of Congress with the most seniors money for Social Security than what it Security. Before 1993 we were faced not in my district. So they are concerned is paying back out to our seniors in only with the broken promises of a bal- about the future of this country, they benefits. That extra money is supposed anced budget but with the discussion are concerned about Medicare and So- to be set aside in a savings account so about how high to raise taxes and cial Security, but they are also smart when there is not enough money com- which taxes should be raised first. That enough, many who have lived through ing in for the seniors we go to the sav- has changed too. In 1997 we passed the the Depression, that they understand ings account, get the money and make first tax cut in 16 years, and I know we what it means to save a buck. good on the Social Security checks. want to talk about where else we are You know I use an analogy about my Unfortunately all of that money has going here on paying off the debt, but grandmother. My grandmother, if she been spent, and that trust fund, that I think we should look at the fact that would receive an unexpected refund savings account, is now all part of that we have a balanced budget for the first check from the IRS, not that that hap- $5.3 trillion debt. time in 30 years, lower taxes for the pens that frequently, but if she got $50 Now, as we put this plan into place first time in 16 years, and also restored back unexpected, she would put it in a and the surplus develops, what happens Medicare in a very different way than savings account. My generation would is we start paying that debt down, and they did in 1993. get $50 unexpected, go out a buy a $100 as we are paying the debt down the Mr. FOLEY. If the gentleman will stereo and convince themselves it real- money is put back into the Social Se- yield again, I think we also have to un- ly only costs $50 for the stereo because curity trust fund, making Social Secu- derscore the tax increase that seniors the $50 was found money. rity once again solvent for our senior suffered in 1993, which included taking What we have to do and what I was citizens. But I would add there are a away some of their interest earnings in telling them about this weekend which couple of other outcomes of this bill. income and taxing their Social Secu- met with great response from Demo- One-third of this surplus is dedicated rity in order to balance the budget. crat, Republican and Independent vot- to further tax reductions. We have H7720 CONGRESSIONAL RECORD — HOUSE September 23, 1997 made a good start here in 1997. We have brary of Congress IOUs, these IOUs out of our government so that we expect reduced taxes for the first time in 16 there are nonnegotiable; that is, they from our government the same we ex- years. But what happens under this are nonmarketable, they cannot be pect from our families. I will tell you plan is we developed a surplus, one- sold. and I will claim as I have done in my third of the surplus is dedicated to ad- My suggestion would be that we sim- district, if a family bounces checks the ditional tax cuts, two-thirds to paying ply put negotiable Treasury bonds into way we bounced our budget, they down the debt, and of course as we pay the Social Security trust fund so when would be arrested and charged with down the debt, the Social Security the money is needed to make good on theft and a crime. trust fund is restored. the Social Security checks for our sen- Mr. NEUMANN. Would the gen- But the most important thing of all ior citizens, we simply cash the nego- tleman yield? I would add one more and the thing that means something to tiable or sell the negotiable instrument step. If there is any business owner in me and, I think, to all generations, fu- that is in there. A negotiable Treasury America today that set up a pension ture generations of Americans, by the bond is something you or your parents fund for his employees or her employ- year 2026 the entire Federal debt would or my parents could go into the bank ees and then did not put the money in be repaid and we could pass this Nation and buy themselves in the local com- the pension fund, put in nonnegotiable on to our children and our grand- munity. instruments owned by the company, or children absolutely debt-free. We would b 2300 IOU’s, as USA Today calls it, as well as leave our children the legacy of a debt- several others, that business owner free Nation instead of the legacy of a Mr. NADLER. So in effect you would would be locked up in jail. Also it $5.3 trillion debt. still have a bond. It would not be a ne- would be illegal. What is being done in Mr. NADLER. Would the gentleman gotiable bond. the trust fund and private sector would yield for a question? Mr. NEUMANN. Let us make this not be permitted. I was just listening fascinated. I very clear, though, that we have That is why it is so important to get must say I am here for the next special changed from a nonnegotiable bond; the National Debt Repayment Act and order but I was listening to your pres- that is, a bond that cannot be liq- Social Security Preservation Act put entation. The question struck me. You uidated, sold, in the marketplace, when into place to preserve Social Security say that we have been borrowing from the money is needed to make good on for our seniors. When you talk about the Social Security trust fund. the Social Security checks, we have privatizing or the thought of young Mr. NEUMANN. I would personally changed from that entity, an IOU, people doing something different on call it theft, but I would. nothing but an IOU, we have changed that, let me be clear where I stand on Mr. NADLER. Call it what you will. from that entity to a marketable in- that. We have been taking the money out of strument. Before we begin that discussion, as the Social Security trust fund and Let me go one step further. As this far as I am concerned, I want to make using it to fund the deficit. And what plan is put into place, I think it is very sure the money that is supposed to be you are proposing—— significant that we recognize that we in the trust fund to preserve Social Se- Mr. NEUMANN. Well, actually we will stop using the Social Security curity for our seniors today is put back have been using it on other wasteful trust fund money to mask the true size into that trust fund. Washington programs. of the deficit. When we say the budget That leads us back to this bill. We Mr. NADLER. Using it for other pur- is balanced, we are still dipping into capped the growth of Government poses. And under your plan you say we the Social Security trust fund, taking spending at a rate slower than the rate would use a certain amount of the sur- out $100 billion, putting it in our of revenue growth, and it is very clear plus to repay the trust fund. checkbook and calling our checkbook on this chart what happens. When Mr. NEUMANN. That is correct. balanced. Under this plan, that prac- spending is going up slower than the Mr. NADLER. Okay. My question is tice would stop as well. I think it is revenue growth, we create this surplus. what would you do with—my under- very important we have also intro- That is where we get the money to put standing of the trust fund has always duced the Social Security Preservation back into the Social Security that has been that since 1935, when Social Secu- Act, which would stop that practice been taken out and spent on other gov- rity was enacted, the law has always immediately. ernment programs for the last 15 or 20 provided that all money that comes Mr. FOLEY. I will tell you what I am years before we got here to stop this into Social Security that is not paid hearing in my community from young- thing. I think one of the important di- out must be put into government secu- er generations, baby boomers. They are rectives we have gotten from the rities. suggesting maybe some day we should American people when they changed Mr. NEUMANN. That is correct. experiment with privatization of Social control of the House of Representatives Mr. NADLER. Which is considered Security. We are not certainly calling in 1994 was to balance the budget, re- the safest investment, aside from put- for that under this act. We do not even store the Social Security trust fund, ting it under the mattress or investing talk about privatizing Social Security. and let us start lowering taxes. All of it in private stocks or bonds which are But some of our future generations those things are beginning to come to- less safe; you must buy government may decide instead of buying these gether. bonds, and that is what has been done nonnegotiable Treasury bills, they Mr. FOLEY. So that suggests that with it. What would you do with this would rather have a chance to have the young gentleman here who was money if you are not buying govern- some investments in mutual funds. So helping turn charts for you, who is a ment bonds, which you then character- maybe the government no longer is the page in this Congress, whose parents ize as whatever you characterize it as, arbiter of what is the best investment from California have sent him here theft, where would you put the money for families. Maybe we are able to turn proudly to be a part of this govern- in the trust fund when you are repay- away from the government and say let ment, watch it in action, he may in- ing it? the private sector determine, and yet herit a Nation and be a leader of this Mr. NEUMANN. That is an excellent preserve some security. Nation, one which has a surplus in its question. I would be happy to respond I wanted to be very careful and state budget. to the gentleman. carefully for seniors that are listening Mr. NEUMANN. Let me go a step fur- First off we need to understand that tonight, we are not talking about ther. What I think is really significant the government bonds that it is cur- privatizing your Social Security sys- on that, when I think of my children in rently held in are called nonnegotiable tem. We are talking about preserving the same spot that we were a few years government bonds. Definition of non- and protecting. What we are talking back where our kids are growing up negotiable means they cannot be sold, about is 30 years from now when we and have a family, are married, have which also means when we reach a pay off the huge debt that this Con- got 3 kids in their household, just shortfall in the Social Security trust gress has run up for the past 40 years, think what it would mean if we could fund these nonnegotiable bonds, called we are talking about making for the leave $580 a month in that household, by USA Today IOUs, called by the Li- first time meaningful financial reform instead of Washington confiscating September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7721 that money out of their paychecks, Nobody within the Washington Belt- began in the first years of this century, bringing it out here to Washington, way thought that was possible. Every- that we will have end, if this Congress and dispensing it to whoever gets the body, from the President, to the then, has the courage to do it, will end only interest on all of these notes. Make up until then, majority in this Con- the last day of this century, so we sure we understand, there are people gress, said we are not going to even begin the next millennium with a fair- getting the interest back on these talk about it. That is Fantasyland. er Tax Code, that treats Americans as notes. Would it not be great if a gen- It is not anymore. Because of your honest citizens, not guilty until proven eration from now a family of 5 was not persistence and the will of the Amer- innocent. required to pay that $580 a month out ican people, the budget is now being Mr. NEUMANN. If the gentleman here to Washington. What a great gift balanced. Hopefully by this time next would yield, would it be safe to say we would be giving to the next genera- year or shortly thereafter, for the first that if the Tax Code were simpler and tion of Americans. time in a generation or longer the fairer and the people understood it bet- Mr. FOLEY. Let me get this straight budget will be balanced. ter, that it would be near impossible to and let us reiterate, because this Then I hear you talk this evening raise taxes? sounds so simple that it may not actu- about probably one of the most impor- Mr. PAXON. You have gone to one of ally work in Washington, because they tant proposals I have seen come for- the most important points of this legis- will not get it. ward, that not just talks about paying lation. Right now, with 5.5 million We are going to spend less than we down the debt to the point that when words interpreted by 113,000 IRS folks take in, we are going to use some of my little year-and-a-half daughter is and by all the Members of Congress, no the surplus to repay monies we bor- just a few years out into the work one ever knows whether or not their rowed from trust funds, we are going to force, she is going to inherit a country tax burden is too much or too little give additional tax relief, and we are that is debt-free, and in addition to compared to their neighbor, their going to improve our Nation’s high- that, ensure the fact that Social Secu- friend, the person down the street. ways in the process and restore fiscal rity is protected for seniors today and That is why half of Americans today accountability. Is that correct? in the future. have to rely on professional help to fill Mr. NEUMANN. That is exactly These are exciting times. The gen- out their tax forms. right. For the senior citizens in our Na- tleman mentioned a proposal that I put Mr. NEUMANN. Did you know that tion under this bill, the Social Security forward that is being supported by the entire Bible that we were given to trust fund would be repaired in its en- many in this chamber, we just an- tell us all the important things that tirety and Social Security would once nounced last week on this very floor are in the Bible that are so important again be solvent for our senior citizens. H.R. 2043, which seeks to address an- to so many of us is only 800,000 words, For the workers out there today, all other problem that, of course, they compared to the 5.5 million words in the workers in the work force today, said could not be solved, and that is the IRS code? under this bill one-third of the sur- the problem of the abuses in the Inter- Mr. PAXON. Absolutely correct. pluses are dedicated to additional tax nal Revenue system that has gotten Mr. NEUMANN. Would you yield for cuts. That means they can keep more out of control, 5.5 million words. one other question? Did you know the The solution, to be honest with you, of their money in their own homes IRS sends out 8 billion pages every came from your enthusiasm and your with their own families and send less year to keep people up to speed on the persistence in balancing the Nation’s out here to Washington. Most impor- IRS? From an environmental point of budget. We set a date, based on the view, do you have any idea how many tant of all for the children and grand- election of Republican Congress in 1994, trees have to be cut down to supply children in this great Nation of ours, that the budget would be balanced by eight billion pages? they inherit a debt-free Nation instead 2002. We set the end of the game; now, Mr. PAXON. The gentleman is abso- of the legacy of a $5.3 trillion debt. let us figure out how the debate will Mr. FOLEY. Something else I lutely correct. Of course, I am not tak- structure to get us there. thought of. We may not have to pass I think we should do exactly the ing sides in the debate on what should supermajorities to raise taxes. We may same thing in terms of the Tax Code. replace it. I think we should involve not ever have to confront a tax in- H.R. 2483 simply says that by December the American people in that debate. crease again in our Nation’s history if 31, 2000, the Tax Code ceases to exist. Let us do something right, let us make we abide by your plan. Ninety-six of 99 chapters are gone. We the decision we are going to end the Mr. NEUMANN. I am glad you will, therefore, begin the debate, just Tax Code on December 31, 2000, and brought that up. I see my good friend like we did with the balanced budget, then every one of us go home and listen from New York has joined us as well. on what will replace it, how we will get to our constituents, as the gentleman One of the complaints I have gotten, there. did in his state, as I know the gen- there is static that we have changed There are many great ideas in this tleman from Wisconsin does every the course from the 1993 tax increases. chamber, the flat income tax, a na- week go home, and maybe we will come They are happy with the $500 per child tional sales tax and others. But our up with a flat rate income tax that you and happy with the college tuition goal is let us start that debate, let us can fill out on a postcard this big, you credit and capital gains reduction and pass that bill. And I want to make one will not need the IRS system, or maybe they like the idea they do not owe tax caveat, just as we talked about Social we will come up with a national sales when they sell their homes any more. Security, our legislation exempts So- tax and you will not need anybody at They love all of that, but think it is ex- cial Security. It does not touch the the IRS. tremely complicated. I know the gen- parts of the Tax Code that deal with Mr. NEUMANN. Could I just add that tleman from New York has an idea Social Security or Medicare. that would save 290,000 trees in the that I am certainly a strong supporter We want to make sure every senior in United States of America if we were of. America and every American knows, able to do that? It takes 293,000 trees to Mr. PAXON. I appreciate the gen- we are not talking about the funding provide the paper necessary to send out tleman from Wisconsin and the gen- for Social Security and Medicare. Sim- those eight billion pages. It is stagger- tleman from Florida’s comments to- ply let us stop the abuses of the Income ing the amount. night. I am sitting here reflecting on Tax Code, 5.5 words, 113,000 IRS bureau- Mr. FOLEY. We had 200 people in your opening comments. You said up crats, and let us bring the American Port St. Lucie, 100 at Fort Pierce, front that there is good news, and lis- people into a dialogue on what we can about 125 in Hobe Sound, Florida, this tening this evening, you cannot help do to replace it that is better. weekend. In every meeting, in every but be enthused. Mr. FOLEY. If the gentleman would town hall meeting I had over the week- We said in 1994, when you arrived, the yield, is the gentleman suggesting ac- end, someone asked about the IRS. two gentlemen arrived here in 1994, and tually sunsetting a law that was cre- Somebody asked about the gentleman you said something that was rather au- ated here in our Nation’s Capital? from New York’s bill and the reform ef- dacious at that time: We are going to Mr. PAXON. That is right. Abso- forts. Someone would ask about Mr. say by 2002 the budget will be balanced. lutely correct. More so, a law that ARMEY’s attempts to have a flat tax, H7722 CONGRESSIONAL RECORD — HOUSE September 23, 1997 some would ask about Mr. Archer’S NA- IRS, I want to be abundantly clear, as in paying back the debt we are restor- TIONAL SALES TAX. I know the gentleman from New York ing the Social Security trust fund so But it was interesting, each and is. We are not upset with the workers Social Security is safe for our senior every person had their own analogy or that work for IRS. These are great citizens. story about what they went through family people who are doing a job. It is Forgive me if I get excited talking with the IRS. I guess the most telling the complexity of the code they have about this. This is exciting. It is good is when my own CPA and others have to deal with that was passed by Mem- news coming from Washington, DC, and told me they have to seek professional bers of Congress for the last 40, 50, and the most important thing of all in that help themselves to figure out their own 60 years. future plan: We pay the entire Federal taxes, so they do not make an error, on Once in a while when I go out to town debt off so that our children and our their own taxes. So a CPA has to do a hall meetings, it seems we are agitated grandchildren can inherit a debt-free CPA’s taxes and have them proofread against the IRS, and they look at the nation. by another person in order to make person that works at the IRS as the The other exciting news coming out certain that they comply with the law culprit. It is not the average worker at of Washington in the last couple of we have created, so complex, so con- IRS we are talking about tonight. We weeks: Reforming the Tax Code. Some voluted. That should frighten the aver- are talking about the system, the un- people said it cannot be done. They age person. fairness of the system that does render said we could not balance the budget, Again, I think it is extraordinary you guilty until proven innocent, and too, and that is done. That is done 3 that we are at a point in time we can about the complexity of a Tax Code years ahead of schedule. We did it. talk about two significant changes in that is impossible to understand by an They said we could not balance the the Federal program: One, a surplus in average lay person. budget and lower taxes, but that is Federal revenues over expenditures, After all, government is of the peo- done, too. They said we could not re- and, two, actually revisiting and look- ple, by the people and for the people, store Medicare without hurting senior ing at the complexity of the code, mak- and if you cannot explain it in a very citizens and without raising taxes, and ing it simpler and fairer for every short sound bite or very short span of that is done, too. American. time, then it is too much for all indi- We can reform the Tax Code. We can Mr. PAXON. If the gentleman would viduals to assume. take these 20,000 pages that make up yield, I would say the gentleman has the IRS code and regulations today and b 2315 hit the nail on the head. Every week reform it with something that is sim- we go home and hear from constituents Mr. NEUMANN. Is this not an excit- pler, fairer, and easier for our people to that say it is time to change the sys- ing conversation? Where we have been understand. We can do that. It cannot tem, we are tired of abuses. I would tonight, we have talked about the past be any harder than balancing the budg- just mention for those few, there may before the change in this Congress in et 4 years ahead of schedule. We can be two or three Americans that do not 1995, before the people changed Amer- pay down the Federal debt. It is not believe there needs to be change in the ica with the 1994 elections and we took any more complicated or harder than Tax Code, significant sweeping reform, office; the past of the broken promises what we have done in the past. they should get a transcript of ‘‘60 Min- where we could not get to a balanced With that, I would conclude tonight utes,’’ the CBS show from Sunday budget in this city because they could by saying it is an exciting time to talk night, that detailed I think the severe not control spending, and the past about paying off the debt so we can problems there are with the current where they talked about higher taxes give our children this Nation debt-free. tax system and the way it is enforced and which taxes should go up and how Mr. FOLEY. Mr. Speaker, if the gen- by the IRS. high should they go; and then we have In addition, for those that do not tleman would yield 1 additional second, talked about the present, 1995 to today because it reminds me of watching TV have a chance to get that transcript, and how different things are; how, in- they should tune in. C–SPAN has been at home and the ominous voice of the stead of talking about broken promises running tremendous coverage, as well announcer comes on and says, have you and budgets that cannot be balanced as the other networks, of what has overextended your credit? Have you because spending is out of control, we been going on in the Senate hearings spent more than you have in your ac- have controlled the growth of Washing- that Senator ROTH and the Senate Fi- count? It is time for credit counseling. ton spending. It has been slowed by 40 nance Committee is conducting, again You need to see a professional to get percent in the first 2 years. In fact, we underscoring the abuses of this system. yourself out of debt. I am particularly pleased this week will have our first balanced budget What we are doing here tonight does H.R. 2483 has picked up two important since 1969 next year, an amazing ac- exactly what we caution all Americans endorsements. The National Federa- complishment in and of itself, but cou- to do: Get out of debt, get equity, build tion of Independent Business, I think pled with that, instead of those tax in- a future for yourselves and your fam- the most important grassroots business creases of 1993, we did not do it that ily. Finally, finally, the Federal Gov- organization representing 600,000 Amer- way. ernment is going to set and lead by ex- ican small businesses, has endorsed our Coupled with the first balanced budg- ample, rather than setting an example effort under H.R. 2483 to sunset the Tax et is a tax cut, a tax cut where the that I think has been devastating to Code; and Americans for Hope, Growth, American people get to keep more of the Nation, because they feel if politi- and Opportunity this week, which is an their own money instead of sending it cians in Washington and bureaucrats important national advocacy organiza- out here to Washington, DC; Medicare can spend more than they bring in, tion, praised this legislation to sunset restored and not by raising taxes on then it must be all right for me. the Tax Code. the people, but by reforming the sys- f I really believe that we would not tem to provide better services in a IMPORTANT CONCERNS ABOUT have a chance to talk about ending the more efficient manner to our senior THE CASSINI SPACE MISSION IRS as we know it and replacing it citizens. The present is a balanced with some other system if it was not budget, the first time since 1969; lower The SPEAKER pro tempore. Under for the work of the gentleman from taxes, the first time in 16 years; and the Speaker’s announced policy of Jan- Wisconsin and the gentleman from Medicare restored for our senior citi- uary 7, 1997, the gentleman from New Florida, who have pushed first and zens. York [Mr. NADLER] is recognized for foremost to get our Nation’s budget Then it gets really exciting because the remaining time, until midnight, as balanced and are now focusing on the we talk about where we are going to the designee of the minority leader. important efforts of eliminating that next. After the budget is balanced, we Mr. NADLER. Mr. Speaker, I rise debt that burdens every child in this start paying down that awful debt; we today to urge the Members of this country, and, in so doing, ensuring the pay it off by the year 2026, and by doing House and this Congress and this coun- solvency of our Social Security system. so, we also lower taxes on people using try to take a close look at the facts Mr. FOLEY. I want to make one one-third of the surpluses for tax cuts, surrounding the planned launching by point as well. When we talk about the two-thirds to pay down that debt, and NASA of the Cassini space probe to September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7723 Saturn next month. Then we must do a ing launch, if the capsules, RTG cap- NASA itself admits are within the very simple thing: We must reconsider sules, then impact on a hard surface. realm of possibility. So why is the mis- that launch. Second, NASA says, plutonium could sion going forward? Why are there only I support space exploration, Mr. be released during the subsequent weeks left before Cassini is scheduled Speaker. I deeply believe that discover- flight up to orbit, if an accident occurs to be launched? Why are we taking this ing more about our solar system, as while the probe is flying over Africa risk? Is this risk justified? How do we the Cassini probe is designed to do, has and the capsules then impact on rock justify putting at risk the lives of the potential to yield crucial data surfaces below. thousands or millions of people to about our universe and to enrich the Third, plutonium could be released in gather information about outer space lives of all of us here on Earth. But we 1999 when Cassini returns to Earth and about Saturn? Because NASA said have to ask, at what cost, at what risk? after flying to Venus for a fast and low that although any of these accidents We must look at the Cassini probe fly-by of the Earth. In what NASA would be devastating, they are very un- objectively and responsibly, consider- calls a slingshot maneuver, Cassini is likely. But we have to look at the odds ing all the facts available to us. We designed to use Earth’s gravity to in- and see how unlikely they are and see must look at the danger. We must crease its velocity so that it can reach not just what we want to see, but what think about that danger realistically Saturn by buzzing by, buzzing past the the facts are. We have made that mis- and critically. We must, with open Earth, less than 500 miles up, at 42,000 take before. NASA has made that mis- eyes, take the responsibility of ensur- miles per hour. take before. ing that lives are not put needlessly at If there is a slight miscalculation, or Before 1986, NASA put the odds of a risk. a slight defect in the rocket burn in catastrophic space shuttle accident at The Cassini space probe will carry outer space for the midcourse correc- 1 in 100,000. Then the Challenger blew 72.3 pounds of plutonium-238 as fuel to tion, and Cassini comes in too low, it up. Not surprisingly, after the Chal- power the probe’s instruments. Pluto- could burn up in the Earth’s atmos- lenger disaster, even with all of the im- nium-238 is 280 times more radioactive phere, and its plutonium payload would provements, all the safety improve- than plutonium-239, the material used be dispersed to the winds. ments made to the space shuttles as a These are the scenarios which NASA in atomic bombs and nuclear reactors. result of the investigation into the itself cites as ways in which an acci- This plutonium will be stored in three Challenger disaster, the odds of a space dent could take place. Now, we must radioactive thermoelectric generators, shuttle, of a catastrophic space shuttle ask, what would be the result of such or RTG’s. accident are now stated to be not 1 in Now, it is well-known that plutonium an accident? NASA has some ideas about this, too. If the plutonium comes 100,000, but 1 in 76. is one of the most toxic, most carcino- This time NASA says the odds of down on natural vegetation, NASA genic, most deadly substances known. something going terribly wrong are 1 speaks of decontamination methods. So if we intend to launch this into in a million. Mr. Speaker, very few What are the decontamination methods space, it is incumbent upon us to ask, events which can be affected by human NASA recommends? If it comes down what are the risks? What happens if error are 1 in a million. Which is more on natural vegetation, NASA says, re- the rocket containing the Cassini probe move and dispose of the topsoil, relo- likely, that an unnamed engineer with all this plutonium, all of this cate animals. In other words, eliminate might completely by accident put a toxic carcinogenic material, explodes? the farms. gasket in backwards, or that any of us What happens if it crashes? Will the If it comes down on an agricultural will walk outside later tonight and im- plutonium escape into the atmosphere? area, its proposal is to ban future agri- mediately be struck by lightning? Will it cause potentially millions of cultural land use. Eliminate the farms. There are other reasons to doubt the cancer cases and fatalities? And if plutonium rains down on a popu- 1 in a million estimate. Cassini is NASA claims this cannot happen. lated area, on an urban area, NASA scheduled to be launched by a Titan IV NASA says the plutonium pellets and says, ‘‘Demolish some or all structures, rocket. In the past, Titan IV rockets the RTG’s are heavily shielded and will relocate affected population perma- have exploded during launch about 1 survive any explosion, will not be dis- nently.’’ time out of 20. That is 5 percent of the persed into the atmosphere; the shield- Mr. Speaker, as a representative of time; 1 time out of 20, not 1 time out of ing will hold them. But Dr. Horst part of New York City, I, for one, do a million. Poehler, for 22 years a scientist for not consider tearing down some or all As for the possible success of the 1999 NASA contractors at the Kennedy structures and relocating the popu- fly-by, in science one can only know Space Center, provides a different anal- lation permanently to be acceptable the odds through empiricism, through ysis. He points out that the so-called solutions. tests and experiments and experience. heavy shielding consists of an iridium What if the probe breaks up in the at- There have been only two similar shell, 3/128 of an inch think, two one- mosphere on its 1999 fly-by? NASA Earth fly-bys involving U.S. space de- quarter-inch graphite shells, some in- thinks that much of the plutonium fuel vices. Can we be confident of any odds sulating foil, and a one-sixteenth of an would disperse as ‘‘vapor or respirable advanced with such limited data? inch aluminum housing. As Dr. Polar particles,’’ the form in which lethal In response to these objections, says, the shielding around the pluto- lung cancer doses of plutonium could NASA said a great deal about the time nium is really fingernail thin, hardly be breathed in by thousands or millions and money already invested in this what one would call heavily shielded. of people. NASA goes on, ‘‘Approxi- mission. But those arguments are not a Alan Kohn, who for 30 years was a mately 5 billion of the estimated 7 bil- defense. They boil down to we have NASA emergency preparedness oper- lion to 8 billion world population,’’ gone to so much trouble, so let us close ations officer for NASA, puts it this that is billion, not million, ‘‘approxi- our eyes and hope everything goes OK. way: ‘‘They call the RTG’s indestruct- mately 5 billion of the estimated 7 bil- Let us play Russian roulette with thou- ible, just like the Titanic was lion to 8 billion world population, could sands of people because we have al- unsinkable.’’ receive 99 percent or more of the radi- ready gone to a lot of trouble. That is Common sense would seem to suggest ation exposure.’’ In other words, most not enough of a justification to take that these plutonium casings are not of the world’s population would be ex- the sort of risks that have made 30- impervious to damage. But we do not posed to radiation in that eventuality. year veterans of NASA stand up and have to rely on common sense, Mr. NASA thinks the cancer death toll object. Speaker. We can look at NASA’s own from such an accident would be only Opposition to the Cassini mission is reports. 2,300 people; only 2,300 extra people not a case of Chicken Little saying, the In the final environmental impact would die of cancer if an accident hap- sky is falling. In fact, I would say right statement for the Cassini mission, pens to Cassini. Independent scientists now that the sky is not about to fall NASA acknowledges that there are cite figures closer to 20,000, or even immediately, in all likelihood. Cassini three main contingencies in which plu- 200,000, and some say millions. may very well be launched in October, tonium could be released. First, it These are the dangers posed by the and everything may go fine. The odds could be released in an explosion dur- Cassini mission. These are the dangers are it will go fine, but the odds are not H7724 CONGRESSIONAL RECORD — HOUSE September 23, 1997 big enough: Five percent of Titan IV If an accident occurs during launch, has led the agency to simply reaffirm launches, that it will explode, that it is possible that individuals may be their position, rather than consider the when we are talking about the possibil- exposed to radiation. If an accident oc- concerns of the public. That is why I ity of a disaster that could kill thou- curs during the swing-by, the space- support the establishment of a neutral sands or millions of people, 5 percent craft may burn up during reentry, scat- review panel, to provide a voice for odds of a disaster are pretty high odds. tering over 70 pounds of plutonium both the public and scientific dissent- The Cassini mission is like a game of throughout our atmosphere. ers. Russian roulette. You put a gun to Some argue that the chances of such Finally, we cannot ignore a tear in your head and pull the trigger. The an accident are slim, as my colleague Cassini’s heat insulation that has now chamber might be empty, you might said, and that even if one did occur, the delayed the launch. As a result, the live, but then again, you might not, es- health impact from exposure would be window of opportunity for a successful pecially if you do this over and over small. Prominent scientists and safety launch is now much smaller. Quite again. And Cassini is just one in a con- experts have questioned both of these frankly, NASA does not have the lux- tinuing series, the biggest so far, the assumptions, however. The Challenger ury of running into any new problems, most plutonium, if we are going to do disaster proved that NASA can still because the agency is now scrambling this again and again and again, and suffer catastrophic failures. In fact, to launch Cassini in time. Because of when we have 20 such launches and 30 three of the 24 U.S. space missions and that, this rush could create additional and 40, eventually the chamber is going six of the 29 Russian missions using nu- safety risks. to be loaded, and there is going to be a clear power met with accidents. If NASA does not succeed in launch- catastrophe. Given this track record, Mr. Speaker, ing before November 4, this delay could b 2330 it is understandable that notable sci- cost taxpayers over $100 million, and entists and even a former NASA safety That is not a risk we ought to be the spacecraft will be required to trav- expert, Alan Kohn, believe that risks in willing to take. It does not take a el 2 years longer than originally rocket scientist to realize that very this mission are simply too high. Sev- planned. In other words, for a lot more real scientific questions have been eral scientists have also stated that money, we will get much less data. raised and they must be answered be- the health impact from exposure to In a little more than 2 years another fore we permit this and other missions plutonium following an accident would launch window will open for a mission like it to go forward. be much higher than what NASA has to Saturn. NASA should postpone the That is why I have invited my fellow claimed. Since plutonium is one of the planned Cassini launch in October and Members of Congress to join in signing most toxic substances we know of, use the time wisely to redesign the a letter to President Clinton asking these assertions deserve further scru- mission so it carries a safer power him to delay the launch of Cassini, not tiny. We do not want to find out after source. Even if it takes longer than 2 cancel it but delay it, until a detailed, an accident that these critics were years to make this project safer, Sat- realistic, real, not propaganda, threat right. urn and its moons will still be there, assessment has been conducted. Moreover, Mr. Speaker, alternatives waiting for exploration. They have The time to reconsider this mission do exist. An advanced solar-powered been there a long time, Mr. Speaker. A is now. As elected officials, we must craft, while not available now, could be few more years for the safety of our have the courage to do so. I only pray ready within a few years. Other alter- Nation and our world and our planet that the President will have the cour- natives are viable right now. NASA’s will make very little difference in the age to say, ‘‘Stop this game of Russian discovery program has shown that the long run. roulette and let us take a hard, hard United States can launch a planetary Space exploration is vitally impor- look,’’ before we have a Challenger dis- probe without relying on vast amounts tant, not only to the practical and the- aster that does not put 7 lives at risk, of plutonium, and they do not rely on oretical sciences, but to humankind’s but 7,000, or 7,000,000, or 7 million. it as part of their primary power very destiny. It is too important to Mr. Speaker, I yield to the gentle- source. squander the public’s trust on a risky woman from California [Ms. WOOLSEY]. For example, Mr. Speaker, instead of mission. Americans will support a Ms. WOOLSEY. Mr. Speaker, I thank sending one large plutonium-powered NASA that instills hope for the future, my colleague for having this special spacecraft to Mars, NASA launched the but not fear of tragedy. order and starting this conversation on Mars Pathfinder using a fraction of the f the House floor about the Cassini mis- plutonium Cassini is planning to carry. sion. Over the next 10 years, NASA is plan- LEAVE OF ABSENCE Mr. Speaker, I am a strong supporter ning to send six additional spacecraft By unanimous consent, leave of ab- of space exploration and a strong sup- to study the red planet using electrical sence was granted to: porter of NASA. NASA has made many energy obtained through solar panel Mr. BONILLA (at the request of Mr. exciting and valuable discoveries over technology. Not only are these plan- ARMEY), for today and the balance of the years, discoveries that have been etary probes safer, they are also much the week, on account of family illness. important to all of us in one way or an- cheaper. Mr. GONZALEZ (at the request of Mr. other, worldwide. The motto for NASA, Considering that most discovery GEPHARDT), for today and the balance which is supposed to be better, faster, projects cost less than $200 million, of the week, on account of medical rea- cheaper, not risky, hazardous, and ex- NASA could launch several planetary sons. pensive, actually is not what we had probes to Saturn without using large Ms. WOOLSEY (at the request of Mr. hoped to have in this country. We want amounts of plutonium. Even the old GEPHARDT), for today before 7:30 p.m., the better, faster, cheaper. We do not Voyager and Pioneer programs used on account of airline delay. want the risky, hazardous, and expen- much less plutonium for their deep f sive. The Cassini mission does not live space travel. It is just bad policy for up to this better, faster, cheaper the United States to rely on such large SPECIAL ORDERS GRANTED motto, and NASA should delay and re- quantities when NASA can design mis- By unanimous consent, permission to design the Cassini project. sions at a lower risk and cost to the address the House, following the legis- Mr. Speaker, the Cassini spacecraft, public. lative program and any special orders which is scheduled to launch from Cape I would also note that in such con- heretofore entered, was granted to: Canaveral next month, carries an un- troversial missions, public concern (The following Members (at the re- precedented amount of plutonium, 72.3 must play an important role. We must quest of Mr. MCNULTY) to revise and pounds of plutonium. That poses a dan- also note that experts have given us extend their remarks and include ex- ger to all of us. An accident at launch disasters like Three Mile Island and traneous material:) or in space during a swing-by around Chernobyl, so possibly they are making Mr. DAVIS of Illinois, for 5 minutes, the earth could send the craft and its a mistake with Cassini, too. today. plutonium-powered batteries crashing However, NASA’s predisposition to Mr. GREEN, for 5 minutes, today. down upon us. the use of plutonium as a power source Mr. MARTINEZ, for 5 minutes, today. September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7725

(The following Members (at the re- Mr. VISCLOSKY. ENROLLED BILL SIGNED quest of Mr. EWING) to revise and ex- (The following Members (at the re- Mr. THOMAS, from the Committee tend their remarks and include extra- quest of Mr. EWING) and to include ex- on House Oversight, reported that that neous material:) traneous matter:) committee had examined and found Mr. DIAZ-BALART, for 5 minutes, Mr. SMITH of Oregon. truly enrolled a bill of the House of the today. Mr. GILMAN, in three instances. following title, which was thereupon Mr. EWING, for 5 minutes, today and Mr. GINGRICH. signed by the Speaker: on September 24 and 25. Mr. LEWIS of California. H.R. 680. An act to amend the Federal Mr. SHIMKUS, for 5 minutes, on Sep- Mr. EVERETT. Property and Administrative Services Act of tember 26. Mr. BLUNT. 1949 to authorize the transfer of surplus per- Mr. HILL, for 5 minutes, today. Ms. ROS-LEHTINEN. sonal property to States for donation to non- profit providers of necessaries to impover- f Mr. COLLINS. ished families and individuals, and to au- EXTENSION OF REMARKS Mrs. MORELLA. thorize the transfer of surplus real property By unanimous consent, permission to Mrs. ROUKEMA. to States, political subdivisions and instru- revise and extend remarks was granted Mr. ARMEY. mentalities of States, and nonprofit organi- to: Mr. FOX. zations for providing housing or housing as- (The following Members (at the re- sistance for low-income individuals or fami- (The following Members (at the re- lies. quest of Mr. MCNULTY) and to include quest of Mr. NADLER) and to include ex- traneous matter:) extraneous matter:) f Mr. CLEMENT. Mr. KIND. Mr. SERRANO. Mr. GRAHAM. Mr. PASCRELL. Mr. SKAGGS. ADJOURNMENT Mr. STARK. Mr. BECERRA. Mr. NADLER. Mr. Speaker, I move Mr. BOUCHER. Mr. GUTIERREZ. that the House do now adjourn. Mr. KENNEDY of Rhode Island. Mr. NEAL of Massachusetts. The motion was agreed to; accord- Mr. HOYER. Mr. PACKARD. ingly (at 11 o’clock and 39 minutes Mrs. KENNELLY of Connecticut. Mr. FARR of California. p.m.), the House adjourned until to- Ms. KAPTUR. Mr. RIGGS. morrow, Wednesday, September 24, Mr. OBERSTAR. Mr. JOHNSON of Wisconsin. 1997, at 10 a.m. h EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized by various committees of the House of Representa- tives during the second quarter of 1995 in connection with official foreign travel, pursuant to Public Law 95–384, are as follows:

AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON BANKING AND FINANCIAL SERVICES, U.S. HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APRIL 1 AND JUNE 30, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Maxine Waters ...... 5/26 5/28 South Africa ...... 501.00 ...... 501.00 5/28 5/30 Angola ...... 688.00 ...... 688.00 5/30 6/2 Zimbabwe ...... 701.00 ...... 701.00 Committee total ...... 1,890.00 ...... 1,890.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JIM LEACH, Chairman, Sept. 5, 1997

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, U.S. HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APRIL 1 AND JUNE 30, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Deborah Bodlander ...... 3/21 3/24 Saudia Arabia ...... 300.00 ...... 300.00 3/24 3/25 Bahrain ...... 180.00 ...... 180.00 3/26 3/28 Kuwait ...... 742.00 ...... 742.00 3/28 3/30 Oman ...... 582.00 ...... 582.00 3/30 4/1 UAE ...... 507.00 ...... 507.00 4/1 4/4 Yemen ...... 783.00 ...... 783.00 Commercial airfare ...... 7,088.15 ...... 7,088.15 Parker Brent ...... 5/26 5/28 South Africa ...... 501.00 ...... 501.00 5/28 5/30 Angola ...... 688.00 ...... 688.00 5/30 6/2 Zimbabwe ...... 3 701.00 ...... 701.00 Peter Brookes ...... 3/29 3/30 Hong Kong ...... 3 369.00 ...... 369.00 3/30 4/2 Vietnam ...... 3 807.00 ...... 807.00 4/2 4/3 Laos ...... 3 25.00 ...... 25.00 4/3 4/6 Cambodia ...... 3 642.00 ...... 642.00 4/6 4/7 Thailand ...... 3 192.00 ...... 192.00 Commercial airfare ...... 4,530.95 ...... 4,530.95 Hon. Tom Campbell ...... 5/24 5/24 England ...... 3 50.00 ...... 50.00 5/25 5/28 Angola ...... 3 500.00 ...... 500.00 5/28 5/29 Kenya ...... 3 100.00 ...... 100.00 5/29 5/30 Rwanda ...... 3 100.00 ...... 100.00 Commercial airfare ...... 3,537.15 ...... 3,537.15 CODEL Campbell delegation expenses ...... 5/25 5/28 Angola ...... 7,163.00 ...... 477.50 ...... 7,640.50 Jodi Christiansen ...... 5/26 5/28 South Africa ...... 501.00 ...... 501.00 5/28 5/30 Angola ...... 688.00 ...... 688.00 5/30 6/2 Zimbabwe ...... 3 701.00 ...... 701.00 Theodore Dagne ...... 5/24 5/24 England ...... 321,00 ...... 321.00 5/25 5/28 Angola ...... 1,032.00 ...... 1,032.00 5/28 5/29 Kenya ...... 235.00 ...... 235.00 H7726 CONGRESSIONAL RECORD — HOUSE September 23, 1997 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, U.S. HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APRIL 1 AND JUNE 30, 1997—Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

5/29 5/30 Rwanda ...... 469.00 ...... 469.00 5/30 5/31 Kenya ...... 0 ...... 0 6/1 6/2 Eritrea ...... 272.00 ...... 272.00 6/2 6/3 England ...... 321.00 ...... 321.00 Commercial airfare ...... 6,181.25 ...... 6,181.25 Michael Ennis ...... 3/29 3/30 Hong Kong ...... 3 356.00 ...... 356.00 3/30 4/2 Vietnam ...... 3 682.00 ...... 682.00 4/2 4/3 Laos ...... 125.00 ...... 125.00 4/3 4/6 Cambodia ...... 3 567.00 ...... 567.00 4/6 4/7 Thailand ...... 217.00 ...... 217.00 Commercial airfare ...... 4,530.95 ...... 4,530.95 Hon. Eni F.H. Faleomavaega ...... 6/7 6/11 Marshall Islands ...... 900.00 ...... 900.00 Commercial airfare ...... 2,279.29 ...... 2,279.29 Martin Gage ...... 3/25 3/28 Estonia ...... 3 512.00 ...... 512.00 3/28 3/29 Latvia ...... 3 210.00 ...... 210.00 3/29 4/1 Poland ...... 3 752.00 ...... 752.00 4/2 4/3 Czech Republic ...... 3 247.00 ...... 247.00 Commercial airfare ...... 1,488.95 ...... 1,488.95 5/23 5/27 Slovenia ...... 3 524.00 ...... 524.00 5/27 5/28 Macedonia ...... 3 106.00 ...... 106.00 5/28 5/29 Luxembourg ...... 3 213.00 ...... 213.00 Hon. Lee Hamilton ...... 5/27 5/29 Canada ...... 3 284.93 ...... 284.93 Commercial airfare ...... 543.05 ...... 543.05 Hon. Alcee Hastings ...... 5/26 5/28 South Africa ...... 501.00 ...... 501.00 5/28 5/30 Angola ...... 688.00 ...... 688.00 5/30 6/2 Zimbabwe ...... 3 701.00 ...... 701.00 Richard Kessler ...... 3/29 3/30 Hong Kong ...... 394.00 ...... 394.00 3/30 4/2 Vietnam ...... 3 682.00 ...... 682.00 4/2 4/3 Laos ...... 125.00 ...... 125.00 4/3 4/6 Cambodia ...... 3 642.00 ...... 642.00 4/6 4/7 Thailand ...... 217.00 ...... 217.00 Commercial airfare ...... 4,530.95 ...... 4,530.95 Christopher Kojm ...... 3/21 3/24 Saudia Arabia ...... 300.00 ...... 300.00 3/24 3/25 Bahrain ...... 180.00 ...... 180.00 3/26 3/28 Kuwait ...... 742.00 ...... 742.00 3/28 3/30 Oman ...... 582.00 ...... 582.00 3/30 4/1 UAE ...... 507.00 ...... 507.00 4/1 4/4 Yemen ...... 783.00 ...... 783.00 Commercial airfare ...... 7,088.15 ...... 7,088.15 Clifford Kupchan ...... 5/24 5/24 England ...... 321.00 ...... 321.00 5/25 5/28 Angola ...... 3 860.00 ...... 860.00 5/28 5/29 Kenya ...... 235.00 ...... 235.00 5/29 5/30 Rwanda ...... 324.00 ...... 324.00 Commercial airfare ...... 6,429.15 ...... 6,429.15 John Mackey ...... 5/23 5/24 Panama ...... 179.00 ...... 179.00 5/24 5/27 Colombia ...... 636.00 ...... 636.00 5/27 2/20 Bolivia ...... 298.00 ...... 298.00 Commercial airfare ...... 1,663.65 ...... 1,663.65 Denis McDonough ...... 6/13 6/16 Haiti ...... 3 450.00 ...... 450.00 Commercial airfare ...... 678.95 ...... 678.95 Hon. Cynthia McKinney ...... 5/8 5/9 Zimbabwe ...... 195.00 ...... 195.00 5/9 5/12 Zaire ...... 552.00 ...... 552.00 Commercial airfare ...... 7,485.95 ...... 7,485.95 Hon. Robert Menendez ...... 5/26 5/28 South Africa ...... 501.00 ...... 501.00 5/28 5/30 Angola ...... 3410.00 ...... 410.00 5/30 6/2 Zimbabwe ...... 3701.00 ...... 701.00 Lester Munson ...... 5/24 5/24 England ...... 321.00 ...... 321.00 5/25 5/28 Angola ...... 3895.00 ...... 895.00 5/28 5/29 Kenya ...... 235.00 ...... 235.00 5/29 5/30 Rwanda ...... 324.00 ...... 324.00 Commercial airfare ...... 6,414.15 ...... 6,414.15 Kenneth Nelson ...... 5/17 5/29 Canada ...... 3314.00 ...... 314.00 Commercial airfare ...... 543.05 ...... 543.05 Roger Noriega ...... 6/13 6/16 Haiti ...... 3400.00 ...... 400.00 Commercial airfare ...... 678.00 ...... 678.00 Hon. Donald Payne ...... 5/24 5/24 England ...... 321.00 ...... 321.00 5/25 5/28 Angola ...... 1,020.00 ...... 1,020.00 5/28 5/29 Kenya ...... 235.00 ...... 235.00 5/29 5/30 Rwanda ...... 324.00 ...... 324.00 Commercial airfare ...... 7,468.25 ...... 7,468.25 Walker Roberts ...... 3/21 3/24 Saudia Arabia ...... 300.00 ...... 300.00 3/24 3/25 Bahrain ...... 180.00 ...... 180.00 3/26 3/28 Kuwait ...... 3 589.00 ...... 589.00 3/28 3/30 Oman ...... 582.00 ...... 182.76 ...... 764.76 3/30 4/1 UAE ...... 507.00 ...... 507.00 4/1 4/4 Yemen ...... 783.00 ...... 783.00 Commercial airfare ...... 7,088.15 ...... 7,088.15 Hon. Edward Royce ...... 5/26 5/28 South Africa ...... 501.00 ...... 501.00 5/28 5/30 Angola ...... 3 410.00 ...... 410.00 5/30 6/2 Zimbabwe ...... 3 701.00 ...... 701.00 CODEL Royce delegation expenses ...... 5/28 5/30 Angola ...... 11,770.00 ...... 1,812.00 ...... 13,582.00 Thomas Sheehy ...... 5/26 5/28 South Africa ...... 501.00 ...... 501.00 5/28 5/30 Angola ...... 688.00 ...... 688.00 5/30 6/2 Zimbabwe ...... 3 701.00 ...... 701.00 Gregory Simpkins ...... 5/26 5/28 South Africa ...... 501.00 ...... 501.00 5/28 5/30 Angola ...... 688.00 ...... 688.00 5/30 6/2 Zimbabwe ...... 3 701.00 ...... 701.00 Committee total ...... 43,432.93 ...... 99,182.09 ...... 2,472.26 ...... 145,087.28 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Represents refund of unused per diem. BEN GILMAN, Chairman, Sept. 16, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RESOURCES, U.S. HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APRIL 1 AND JUNE 30, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Richard Pombo ...... 6/15 6/22 Zimbabwe ...... 1,193.00 ...... 6,804.55 ...... 7,997.55 September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7727 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RESOURCES, U.S. HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APRIL 1 AND JUNE 30, 1997— Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. George Miller ...... 6/13 6/21 Zimbabwe ...... 1,550.00 ...... 6,731.35 ...... 8,281.35 Bonnie Bruce ...... 6/13 6/21 Zimbabwe ...... 1,550.00 ...... 6,870.75 ...... 8,420.75 Karen Steuer ...... 6/8 6/21 Zimbabwe ...... 2,500.00 ...... 6,711.35 ...... 9,211.35 John Lawrence ...... 6/13 6/21 Zimbabwe ...... 1,550.00 ...... 6,731.35 ...... 8,281.35 Michael Hardiman ...... 6/13 6/22 Zimbabwe ...... 1,750.00 ...... 6,737.35 ...... 8,487.35 Christopher Mann ...... 6/8 6/13 Mexico ...... 965.00 ...... 972.27 ...... 1,937.27 Committee total ...... 11,058.00 ...... 41,558.97 ...... 52,616.97 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DON YOUNG, Chairman, July 31, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, U.S. HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN APRIL 1 AND JUNE 30, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 20 currency 2 currency 2

Hon. Bud Shuster ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 Hon. Jim Oberstar ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 Hon. Sherwood Boehlert ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 Hon. Bob Borski ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 Hon. Stephen Horn ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 Hon. Steve LaTourette ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 Hon. Jack Metcalf ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 Hon. Juanita Millender-McDonald ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 5/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 Michael Strachn ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 David Heymsfeld ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 Carol Wood ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 Jeff Nelligan ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 Jimmy Miller ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 Kathy Guilfoy ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 Darrell Wilson ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 David Schaffer ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 Mary Walsh ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 John Cullather ...... 4/1 4/3 Japan ...... 608.00 ...... (3) ...... 608.00 4/3 4/5 China ...... 519.00 ...... (3) ...... 519.00 4/5 4/8 Hong Kong ...... 1,182.00 ...... (3) ...... 1,182.00 Committee total ...... 41,562.00 ...... 41,562.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. BUD SHUSTER, Chairman, July 30, 1997.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, OSCE PARLIAMENTARY ASSEMBLY, U.S. HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 5 AND JULY 8, 1997

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Henry Hyde ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 834.00 Hon. Steny Hoyer ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 834.00 Hon. Pat Danner ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 834.00 Hon. Peter King ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 779.00 Hon. Alcee Hastings ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 834.00 Hon. John Dingell ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 834.00 Hon. Maurice Hinchey ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 834.00 Hon. Bob Clement ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 834.00 Hon. Jesse L. Jackson ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 834.00 H7728 CONGRESSIONAL RECORD — HOUSE September 23, 1997 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, OSCE PARLIAMENTARY ASSEMBLY, U.S. HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 5 AND JULY 8, 1997— Continued

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Louise McIntosh Slaughter ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 834.00 Hon. Judy Wolverton ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 634.00 Hon. Marlene Kaufmann ...... 7/5 7/8 Poland ...... 1,112.00 ...... (3) ...... 1,112.00 Hon. Erika Schlager ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 708.51 Hon. Ron McNamara ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 789.00 Hon. Mark Gage ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 691.50 Hon. Caroline Cooper ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 622.00 Hon. Cliff Kupchan ...... 7/5 7/8 Poland ...... 834.00 ...... (3) ...... 624.00 Committee total ...... 14,456.00 ...... 13,466.01 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. h HENRY HYDE, Aug. 6, 1997.

EXECUTIVE COMMUNICATIONS, Mr. LIVINGSTON: Committee on Appro- tions were introduced and severally re- ETC. priations. Report on the revised subdivision ferred, as follows: totals for fiscal year 1998 (Rept. 105–260). Re- Under clause 2 of rule XXIV, execu- ferred to the Committee of the Whole House By Mr. ARCHER (for himself, Mr. tive communications were taken from on the State of the Union. HULSHOF, Mr. RANGEL, Mr. THOMAS, the Speaker’s table and referred as fol- Mr. YOUNG of Alaska: Committee on Re- Mr. HOUGHTON, Mr. NUSSLE, Ms. DUNN of Washington, and Mr. LEVIN): lows: sources. H.R. 1948. A bill to provide for the exchange of lands within Admiralty Island H.R. 2513. A bill to amend the Internal Rev- 5155. A letter from the Assistant Legal Ad- National Monument, and for other purposes; enue Code of 1986 to restore and modify the viser for Treaty Affairs, Department of with an amendment (Rept. 105–261). Referred provision of the Taxpayer Relief Act of 1997 State, transmitting copies of international to the Committee of the Whole House on the relating to exempting active financing in- agreements, other than treaties, entered into State of the Union. come from foreign personal holding company by the United States, pursuant to 1 U.S.C. Mr. YOUNG of Alaska: Committee on Re- income and to provide for the nonrecognition 112b(a); to the Committee on International sources. House Concurrent Resolution 131. of gain on the sale of stock in agricultural Relations. Resolution expressing the sense of Congress processors to certain farmers’ cooperatives; 5156. A letter from the Acting Comptroller regarding the ocean; with amendments to the Committee on Ways and Means, and in General, General Accounting Office, trans- (Rept. 105–262). Referred to the House Cal- addition to the Committee on the Budget, mitting a list of all reports issued or released endar. for a period to be subsequently determined in August 1997, pursuant to 31 U.S.C. 719(h); Mr. MCINNIS: Committee on Rules. House by the Speaker, in each case for consider- to the Committee on Government Reform Resolution 238. Resolution waiving points of ation of such provisions as fall within the ju- and Oversight. order against the conference report to ac- risdiction of the committee concerned. 5157. A letter from the Executive Director, company the bill (H.R. 2209) making appro- By Mr. TORRES: National Capital Planning Commission, priations for the legislative branch for the H.R. 2514. A bill to authorize the President transmitting a report of activities under the fiscal year ending September 30, 1998, and for to award a congressional gold medal to the Freedom of Information Act for the calendar other purposes (Rept. 105–263). Referred to family of the late Raul Julia, and for other years 1992–1996, pursuant to 5 U.S.C. 552(d); to the House Calendar. purposes; to the Committee on Banking and the Committee on Government Reform and Mr. DREIER: Committee on Rules. House Financial Services. Oversight. Resolution 239. Resolution providing for con- By Mr. SMITH of Oregon (for himself, sideration of the bill (H.R. 2267) making ap- 5158. A letter from the Acting Assistant Mr. STENHOLM, Mr. COMBEST, Mr. propriations for the Departments of Com- Secretary for Fish and Wildlife and Parks, BISHOP, Mr. CALLAHAN, Mrs. EMER- merce, Justice, and State, the judiciary, and Department of the Interior, transmitting the SON, and Mr. PETERSON of Pennsylva- related agencies for the fiscal year ending Department’s ‘‘Major’’ final rule—Migratory nia): September 30, 1998, and for other purposes Bird Hunting; Final Frameworks for Late- H.R. 2515. A bill to address the declining (Rept. 105–264). Referred to the House Cal- Season Migratory Bird Hunting Regulations health of forests on Federal lands in the endar. (RIN: 1018–AE14) received September 22, 1997, Mr. YOUNG of Florida: Committee of Con- United States through a program of recovery pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ference. Conference report on H.R. 2266. A and protection consistent with the require- mittee on Resources. bill making appropriations for the Depart- ments of existing public land management 5159. A letter from the Chief, Regulations ment of Defense for the fiscal year ending and environmental laws, to establish a pro- Unit, Internal Revenue Service, transmitting September 30, 1998, and for other purposes gram to inventory, monitor, and analyze the Service’s final rule—Weighted Average (Rept. 105–265). Ordered to be printed. public and private forests and their re- Interest Rate Update [Notice 97–51] received Mr. YOUNG of Alaska: Committee on Re- sources, and for other purposes; to the Com- September 22, 1997, pursuant to 5 U.S.C. sources. H.R. 1787. A bill to assist in the con- mittee on Agriculture, and in addition to the 801(a)(1)(A); to the Committee on Ways and servation of Asian elephants by supporting Committee on Resources, for a period to be Means. and providing financial resources for the subsequently determined by the Speaker, in 5160. A letter from the Chief, Regulations conservation programs of nations within the each case for consideration of such provi- Unit, Internal Revenue Service, transmitting range of Asian elephants and projects of per- sions as fall within the jurisdiction of the the Service’s final rule—Partner’s Distribu- sons with demonstrated expertise in the con- committee concerned. tive Share [Revenue Ruling 97–38] received servation of Asian elephants; with an amend- By Mr. SHUSTER (for himself, Mr. September 22, 1997, pursuant to 5 U.S.C. ment (Rept. 105–266 Pt. 1). Ordered to be OBERSTAR, Mr. PETRI, and Mr. RA- 801(a)(1)(A); to the Committee on Ways and printed. HALL): Means. f H.R. 2516. A bill to extend the Intermodal f Surface Transportation Efficiency Act of TIME LIMITATION OF REFERRED 1991 through March 31, 1998; to the Commit- REPORTS OF COMMITTEES ON BILL tee on Transportation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS Pursuant to clause 5 of rule X the fol- By Mr. RILEY (for himself, Mr. Under clause 2 of rule XIII, reports of lowing action was taken by the Speak- ADERHOLT, Mr. GRAHAM, Mr. committees were delivered to the Clerk er: HAYWORTH, Mr. SCARBOROUGH, Mr. HILL, Mr. WATTS of Oklahoma, Mr. for printing and references to the prop- H.R. 1787. Referral to the Committee on SOUDER, Mr. TIAHRT, Mr. LARGENT, International Relations extended for a period er calendar, as follows: Mr. SHIMKUS, Mr. SALMON, Mr. SES- ending not later than October 6, 1997. Mr. SENSENBRENNER: Committee on SIONS, Mr. FOX of Pennsylvania, Mr. Science. H.R. 2429. A bill to reauthorize the f CUNNINGHAM, Mr. COOKSEY, Mr. Small Business Technology Transfer Pro- PUBLIC BILLS AND RESOLUTIONS BRADY, Mr. THUNE, Mr. SOLOMON, Mr. gram through fiscal year 2000; with an WAMP, and Mr. CHRISTENSEN): amendment (Rept. 105–259 Pt. 1). Ordered to Under clause 5 of rule X and clause 4 H.R. 2517. A bill to eliminate automatic be printed. of rule XXII, public bills and resolu- pay adjustments for Members of Congress; to September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7729 the Committee on House Oversight, and in By Mr. NEAL of Massachusetts (for settlement in that country; to the Commit- addition to the Committee on Government himself, Mr. RANGEL, Mr. MATSUI, tee on International Relations. Reform and Oversight, for a period to be sub- Mrs. KENNELLY of Connecticut, Mr. By Mr. MCINNIS: sequently determined by the Speaker, in COYNE, Mrs. THURMAN, and Mr. LEWIS H. Res. 238. Resolution waiving points of each case for consideration of such provi- of Georgia): sions as fall within the jurisdiction of the H.R. 2527. A bill to repeal the provision in order against the conference report to ac- committee concerned. the Taxpayer Relief Act of 1997 relating to company the bill (H.R. 2209) making appro- By Mr. BOEHNER (for himself, Mr. the termination of certain exceptions from priations for the legislative branch for the GORDON, Mr. MCINTOSH, Mr. HERGER, rules relating to exempt organizations which fiscal year ending September 30, 1998, and for Mr. HAYWORTH, and Mr. HUTCHINSON): provide commercial-type insurance; to the other purposes; House Calendar No. 94. House H.R. 2518. A bill to amend the Higher Edu- Committee on Ways and Means. Report No. 105–263. cation Act of 1965 to increase student options By Mr. PETRI (for himself, Mr. SHAYS, By Mr. DREIER: for the consolidation of their student loan and Ms. SLAUGHTER): obligations, and for other purposes; to the H.R. 2528. A bill to amend the Federal Elec- H. Res. 239. Resolution providing for con- Committee on Education and the Workforce. tion Campaign Act of 1971 to require certain sideration of the bill (H.R. 2267) making ap- By Ms. DEGETTE: disclosure and reports relating to polling by propriations for the Departments of Com- H.R. 2519. A bill to increase the legal age of telephone or electronic device; to the Com- merce, Justice, and State, the judiciary, and smoking from 18 to 21; to the Committee on mittee on House Oversight. related agencies for the fiscal year ending Commerce. By Mr. PETRI: September 30, 1998, and for other purposes; By Mr. ENGLISH of Pennsylvania: H.R. 2529. A bill to amend the Federal Elec- House Calendar No. 95. House Report No. 105– H.R. 2520. A bill to suspend the duty on tion Campaign Act of 1971 to require certain 264. halofenozide until January 1, 2001; to the disclosure and reports relating to polling by By Mr. PASTOR: Committee on Ways and Means. telephone or electronic device, and for other By Mr. ENGLISH of Pennsylvania: purposes; to the Committee on House Over- H. Res. 240. Resolution recognizing His- H.R. 2521. A bill to suspend the duty on sight, and in addition to the Committee on panic culture in the United States; to the modified secondary and modified secondary- Ways and Means, for a period to be subse- Committee on Education and the Workforce. tertiary amine phenol/formaldehyde copoly- quently determined by the Speaker, in each By Mrs. TAUSCHER (for herself, Mr. mers until January 1, 2001; to the Committee case for consideration of such provisions as LEACH, Ms. FURSE, Mr. ABERCROMBIE, on Ways and Means. fall within the jurisdiction of the committee Mr. ACKERMAN, Mr. ALLEN, Mr. By Mr. FRANK of Massachusetts: concerned. BALDACCI, Mr. BARRETT of Wisconsin, H.R. 2522. A bill to amend the Civil Rights By Mr. SKAGGS: Mr. BERMAN, Mr. BLUMENAUER, Mr. Act of 1964 to prohibit discrimination on the H.R. 2530. A bill to prohibit the Student BONIOR, Mr. BORSKI, Ms. BROWN of basis of sex in programs receiving Federal fi- Loan Marketing Association from condi- Florida, Mr. BROWN of California, Mr. nancial assistance; to the Committee on the tioning the waiver of redemption premiums, BROWN of Ohio, Mr. CAPPS, Ms. CAR- Judiciary. otherwise chargeable in connection with the SON, Ms. CHRISTIAN-GREEN, Mr. CLAY, By Mr. GEJDENSON (for himself, Mr. refinancing of securities acquired by the As- Mr. CONYERS, Mr. CUMMINGS, Mr. WELDON of Pennsylvania, Mr. AN- sociation while it was a government-spon- DAVIS of Illinois, Mr. DEFAZIO, Ms. DREWS, Mr. BOEHLERT, Mr. VIS- sored enterprise, on the use of its own in- DEGETTE, Mr. DELAHUNT, Ms. CLOSKY, Mr. HINCHEY, Mr. SESSIONS, vestment banking subsidiary; to the Com- DELAURO, Mr. DELLUMS, Mr. DOOLEY Mr. CUMMINGS, Mrs. MINK of Hawaii, mittee on Education and the Workforce. of California, Mr. EDWARDS, Mr. Mr. BALDACCI, Mr. FROST, Mr. By Mr. SMITH of New Jersey: EHLERS, Mr. ENGEL, Ms. ESHOO, Mr. FORBES, Mr. DAVIS of Virginia, Mr. H.R. 2531. A bill to provide for increased EVANS, Mr. FALEOMAVAEGA, Mr. FARR NEY, Mr. EVANS, and Mr. HALL of international broadcasting activities to of California, Mr. FAZIO of California, Texas): China; to the Committee on International Mr. FILNER, Mr. FLAKE, Mr. FRANK of H.R. 2523. A bill to amend the Internal Rev- Relations. Massachusetts, Mr. GEJDENSON, Mr. enue Code of 1986 to expand the types of By Mr. STARK: equipment which may be acquired with tax- H.R. 2532. A bill to amend the Internal Rev- GEPHARDT, Mr. GREENWOOD, Mr. exempt financing by volunteer fire depart- enue Code of 1986, the Public Health Service GUTIERREZ, Mr. HALL of Ohio, Mr. ments and to provide a comparable treat- Act, and the Employee Retirement Income HAMILTON, Mr. HINCHEY, Ms. HOOLEY ment for emergency medical service organi- Security Act of 1974 to expand access to of Oregon, Mr. JACKSON, Ms. EDDIE zations; to the Committee on Ways and health insurance coverage without pre-exist- BERNICE JOHNSON of Texas, Mr. KEN- Means. ing condition exclusions in the group and in- NEDY of Massachusetts, Mr. KENNEDY By Mrs. KENNELLY of Connecticut dividual health insurance markets; to the of Rhode Island, Ms. KILPATRICK, Mr. (for herself, Mr. RANGEL, Mr. NEAL of Committee on Commerce, and in addition to KIND of Wisconsin, Mr. KUCINICH, Mr. Massachusetts, and Ms. RIVERS): the Committees on Ways and Means, and LAFALCE, Mr. LAMPSON, Mr. LANTOS, H.R. 2524. A bill to amend the Internal Rev- Education and the Workforce, for a period to Mr. LEWIS of Georgia, Ms. LOFGREN, enue Code of 1986 to allow the nonrefundable be subsequently determined by the Speaker, Mrs. LOWEY, Mr. LUTHER, Mrs. personal credits, the standard deduction, and in each case for consideration of such provi- MALONEY of New York, Mr. MARKEY, the deduction for personal exemptions in de- sions as fall within the jurisdiction of the Mr. MATSUI, Mrs. MCCARTHY of New termining alternative minimum tax liabil- committee concerned. York, Mr. MCDERMOTT, Mr. MCGOV- ity; to the Committee on Ways and Means. By Mr. ENGLISH of Pennsylvania (for ERN, Ms. MCKINNEY, Mr. MEEHAN, By Mrs. LOWEY (for herself, Ms. himself, Mr. DAVIS of Virginia, and Mrs. MEEK of Florida, Ms. PELOSI, Ms. NORTON, Mrs. MALONEY Mr. FROST): MILLENDER-MCDONALD, Mr. MILLER of New York, Ms. WATERS, Ms. WOOL- H. Con. Res. 155. Concurrent resolution ex- of California, Mr. MINGE, Mrs. MINK SEY, Ms. DELAURO, Ms. MILLENDER- pressing the sense of the Congress that a of Hawaii, Mrs. MORELLA, Mr. MCDONALD, Ms. RIVERS, Ms. HARMAN, postage stamp should be issued in honor of NADLER, Ms. NORTON, Mr. OLVER, Mr. and Ms. SLAUGHTER): U.S. Masters Swimming, Inc.; to the Com- PALLONE, Mr. PASCRELL, Mr. PAYNE, H.R. 2525. A bill to protect women’s repro- mittee on Government Reform and Over- Ms. PELOSI, Mr. POMEROY, Mr. POR- ductive health and constitutional right to sight. TER, Mr. POSHARD, Mr. PRICE of choice, and for other purposes; to the Com- By Mrs. MALONEY of New York (for North Carolina, Ms. RIVERS, Mr. mittee on Commerce, and in addition to the herself, Mr. ROHRABACHER, Ms. ROS- ROTHMAN, Ms. ROYBAL-ALLARD, Mr. Committees on the Judiciary, and Education LEHTINEN, Mr. MARKEY, Ms. RUSH, Mr. SABO, Mr. SANDERS, Mr. and the Workforce, for a period to be subse- MILLENDER-MCDONALD, Ms. SAWYER, Mr. SCHUMER, Mr. SERRANO, quently determined by the Speaker, in each VELAZQUEZ, Mrs. KELLY, Ms. ESHOO, Mr. SHAYS, Mr. SKAGGS, Ms. SLAUGH- case for consideration of such provisions as Mrs. MINK of Hawaii, Mr. LANTOS, TER, Ms. STABENOW, Mr. STARK, Mr. fall within the jurisdiction of the committee Ms. DELAURO, Mr. WATTS of Okla- STRICKLAND, Mr. STUPAK, Mr. concerned. homa, Mr. GEJDENSON, Mr. TIERNEY, Mr. TORRES, Mr. TOWNS, Mr. By Mrs. MORELLA (for herself, Mr. BLAGOJEVICH, Mr. KENNEDY of Massa- UNDERWOOD, Mr. VENTO, Mr. WATT of DAVIS of Virginia, Mr. HOYER, and chusetts, Mr. MCNULTY, Mrs. North Carolina, Mr. WEXLER, Ms. Mr. MORAN of Virginia): THURMAN, Mr. FRANK of Massachu- WOOLSEY, and Mr. YATES): H.R. 2526. A bill to amend title 5, United setts, Mr. OLVER, Mr. CAPPS, Mr. H. Res. 241. A resolution expressing the States Code, to make the percentage limita- UNDERWOOD, Mr. SOLOMON, Mrs. sense of the House of Representatives that tions on individual contributions to the LOWEY, Mr. FARR of California, Mrs. the Senate should act swiftly and expedi- Thrift Savings Plan more consistent with MORELLA, and Mr. BERMAN): the dollar amount limitation on elective de- H. Con. Res. 156. Concurrent resolution ex- tiously to give its advice and consent to rati- ferrals, and for other purposes; to the Com- pressing concern for the continued deteriora- fication of the Comprehensive Test Ban mittee on Government Reform and Over- tion of human rights in Afghanistan and em- Treaty; to the Committee on International sight. phasizing the need for a peaceful political Relations. H7730 CONGRESSIONAL RECORD — HOUSE September 23, 1997 ADDITIONAL SPONSORS SON, Mr. MILLER of Florida, Mr. GREENWOOD, H.R. 2492: Mr. LEWIS of Kentucky. Mr. ROGAN, Mr. COX of California, and Mr. H.R. 2495: Mr. RANGEL and Mr. KUCINICH. Under clause 4 of rule XXII, sponsors WELLER. H.R. 2500: Ms. PRYCE of Ohio. were added to public bills and resolu- H.R. 1816: Mr. HOSTETTLER. H.R. 2509: Mrs. JOHNSON of Connecticut. tions as follows: H.R. 1839: Mr. LATHAM. H. Con. Res. 6: Mr. INGLIS of South Caro- lina. H.R. 15: Mr. MASCARA. H.R. 1842: Mr. THORNBERRY, Mr. CALVERT, H. Con. Res. 52: Ms. FURSE, Mr. WALSH, Mr. H.R. 58: Mr. LARGENT. and Mr. KIM. DEFAZIO, and Mr. BOYD. H.R. 176: Mr. SESSIONS. H.R. 1891: Mr. MARKEY, Mr. BLUNT, Mr. H. Con. Res. 65: Ms. STABENOW. H.R. 224: Mr. BONO. SUNUNU, Mrs. NORTHUP, Mr. PAUL, Mr. H. Con. Res. 80: Mr. SANDLIN and Mr. CON- H.R. 225: Mr. PETRI. SCARBOROUGH, Mr. WELLER, Mr. DICKEY, Mr. YERS. H.R. 253: Mrs. LOWEY and Mr. FILNER. EHLERS, Mr. WATKINS, Mr. MORAN of Vir- H. Con. Res. 112: Mr. LAMPSON, Mr. MCGOV- H.R. 399: Mr. HOLDEN. ginia, Mr. ANDREWS, and Mr. LEWIS of Geor- ERN, Mr. FILNER, Mr. DELAHUNT, Mr. H.R. 590: Mr. GUTIERREZ. gia. POSHARD, and Mr. RANGEL. H.R. 632: Mr. ADERHOLT and Mr. KIM. H.R. 1967: Mr. FRANK of Massachusetts. H. Con. Res. 116: Mr. DOYLE and Ms. CHRIS- H.R. 678: Mr. DAVIS of Illinois, Mr. FORBES, H.R. 1984: Mr. TAUZIN, Mr. KIM, Mr. WICK- TIAN-GREEN. Ms. LOFGREN, Mr. BASS, Mr. LAFALCE, Ms. ER, Mr. SPENCE, Mr. BATEMAN, and Mr. H. Con. Res. 127: Ms. DANNER, Mr. PACK- PELOSI, Mr. CAMPBELL, and Mr. ENGLISH of WELDON of Florida. ARD, and Mr. BISHOP. Pennsylvania. H.R. 2021: Mr. DOOLEY of California. H. Con. Res. 141: Mr. SHERMAN. H.R. 714: Mr. PITTS, Mr. PETERSON of Penn- H.R. 2023: Mr. STARK and Mr. ENGEL. H. Con. Res. 144: Mr. ACKERMAN, Mr. HAST- sylvania, Mr. GOODLING, and Mr. KANJORSKI. H.R. 2069: Mr. BONIOR and Mr. DELLUMS. INGS of Washington, Mr. SNOWBARGER, Mr. H.R. 2072: Mr. SAM JOHNSON, Mr. DELAY, H.R. 754: Mr. BROWN of California and Ms. MARKEY, Mrs. EMERSON, Mr. BARRETT of Wis- Mr. SESSIONS, Mr. STENHOLM, and Mr. HALL SANCHEZ. consin, Mr. CAPPS, and Mr. HINCHEY. H.R. 778: Ms. SLAUGHTER. of Texas. H. Con. Res. 152: Mr. MENENDEZ. H.R. 779: Ms. SLAUGHTER. H.R. 2103: Ms. GRANGER and Ms. PRYCE of H. Con. Res. 153: Mr. SERRANO. H.R. 780: Ms. SLAUGHTER. Ohio. H. Res. 139: Mr. BURR of North Carolina H.R. 789: Mr. BUNNING of Kentucky and Mr. H.R. 2121: Ms. SLAUGHTER. and Mr. SALMON. PASTOR. H.R. 2131: Ms. STABENOW, Mrs. MINK of Ha- H. Res. 172: Mr. FROST, Mr. BORSKI, Mr. H.R. 925: Mr. ROTHMAN. waii, Mr. FALEOMAVAEGA, MR. MCGOVERN, BONIOR, and Mr. FILNER. H.R. 972: Mr. ROTHMAN. Mr. FILNER, and Mr. KENNEDY of Rhode Is- H. Res. 212: Mr. GINGRICH, Mr. BAKER, Mr. H.R. 977: Mr. SOLOMON. land. BISHOP, and Mr. WAXMAN. H.R. 991: Ms. NORTON, Mr. KILDEE, Mr. H.R. 2140: Mr. TRAFICANT and Mr. REYES. H. Res. 235: Mr. EVANS, Mr. FOLEY, Mrs. SMITH of New Jersey, Mr. CAPPS, Mr. ALLEN, H.R. 2198: Mr. WATT of North Carolina. NORTHUP, Mr. PETRI, Mr. TORRES, Mr. and Mr. BALDACCI. H.R. 2206: Mrs. CHENOWETH. DELAHUNT, Mr. CAPPS, Mr. FORBES, Ms. CAR- H.R. 1039: Mr. MINGE. H.R. 2220: Mr. SAXTON and Mr. ANDREWS. SON, Mr. RANGEL, Mr. LATOURETTE, Mr. H.R. 1059: Mr. DREIER and Mr. BARR of H.R. 2221: Mr. TORRES, Mr. LATHAM, and BARTLETT of Maryland, Mr. SHAW, Mr. CLEM- Georgia. Mr. ROHRABACHER. ENT, and Mr. WELDON of Florida. H.R. 1072: Mr. STARK, Mr. MCGOVERN, and H.R. 2223: Mr. RIGGS and Mr. HANSEN. f Mr. FROST. H.R. 2302: Mrs. JOHNSON of Connecticut, H.R. 1100: Ms. RIVERS and Mr. GEKAS. Mr. MCGOVERN, Mr. DAVIS of Virginia, Ms. AMENDMENTS ROYBAL-ALLARD, Ms. NORTON, Mrs. MINK of H.R. 1114: Mr. DELLUMS. Under clause 6 of rule XXIII, pro- H.R. 1176: Mr. WEXLER, Mr. WHITFIELD, and Hawaii, Mr. FRANK of Massachusetts, Mr. posed amendments were submitted as Mr. BLUMENAUER. FILNER, Mr. BONIOR, Mr. MOAKLEY, Mr. H.R. 1231: Mr. WEXLER and Mr. GILMAN. DELAHUNT, Mr. SERRANO, Mr. WEXLER, Mr. follows: H.R. 1260: Mr. KANJORSKI. ACKERMAN, Mrs. MORELLA, Mr. REYES, Mrs. H.R. 2267 H.R. 1319: Mr. PITTS. MCCARTHY of New York, Mr. OLVER, and Ms. OFFERED BY: MR. FORBES H.R. 1330: Mr. RAHALL, Mr. RUSH, Mr. LOFGREN. AMENDMENT NO. 46: Page 117, after line 2, FROST, Mr. FATTAH, and Mr. FILNER. H.R. 2317: Mr. DAVIS of Illinois and Mr. insert the following: H.R. 1353: Mr. SHAYS. SHERMAN. SEC. 617. None of the funds appropriated or H.R. 1371: Mr. CAPPS. H.R. 2332: Mr. CAPPS. otherwise made available by this Act may be H.R. 1373: Mr. MARTINEZ and Ms. WOOLSEY. H.R. 2382: Mr. BORSKI, Mr. BONIOR, Mr. made available for projects in Gaza or the H.R. 1426: Mr. ANDREWS. FRANK of Massachusetts, Mr. DEFAZIO, and West Bank. H.R. 1438: Ms. CARSON and Mr. ROTHMAN. Mr. BROWN of Ohio. H.R. 2267 H.R. 1440: Mr. KUCINICH and Mr. WEXLER. H.R. 2387: Mr. MARTINEZ, Mr. BROWN of H.R. 1531: Mr. FOLEY and Mr. HORN. Ohio, Mr. EVANS, and Mrs. JOHNSON of Con- OFFERED BY: MR. FORBES H.R. 1534: Mr. ARMEY, Mr. SCARBOROUGH, necticut. AMENDMENT NO. 47: Page 117, after line 2, Mrs. TAUSCHER, Mr. BUYER, Mr. MANZULLO, H.R. 2436: Mr. MANTON, Mr. ENGEL, Mrs. insert the following: Mr. DELAY, Mr. WELDON of Florida, Mr. NEY, MALONEY of New York, Mr. NADLER, Ms. SEC. 617. None of the funds appropriated or Mr. JOHN, Mr. HORN, Mr. WOLF, Mr. DAN SLAUGHTER, Mr. QUINN, Mrs. KELLY, Mr. otherwise made available by this Act may be SCHAEFER of Colorado, Mr. LUCAS of Okla- MCNULTY, Mr. KING of New York, Mr. BOEH- made available for the Gaza Waste Water homa, Mr. COBURN, Mr. BARTLETT of Mary- LERT, Mr. WALSH, Mr. HOUGHTON, Mrs. Project. land, Mr. BARTON of Texas, Mr. BILBRAY, Mr. LOWEY, Mr. FLAKE, Mrs. MCCARTHY of New H.R. 2267 YOUNG of Florida, Mr. WHITFIELD, Mr. AR- York, Ms. VELAZQUEZ, Mr. MCHUGH, Mr. OFFERED BY: MS. LOFGREN CHER, Mr. MORAN of Kansas, Mr. LINDER, Mr. FORBES, and Mr. SCHUMER. AMENDMENT NO. 48: Page 50, line 13, after PAUL, Mr. BLUNT, Mr. NORWOOD, Mr. SKEL- H.R. 2437: Mr. MANTON, Mr. ENGEL, Mrs. the dollar amount insert ‘‘(increased by TON, Mr. REDMOND, Mr. THOMPSON, Mr. MALONEY of New York, Mr. NADLER, Mr. $4,900,000)’’. HOYER, Mrs. EMERSON, and Mr. DAVIS of Vir- QUINN, Mrs. KELLY, Mr. MCNULTY, Mr. KING Page 50, line 23, after the dollar amount in- ginia. of New York, Mr. BOEHLERT, Mr. WALSH, Mr. sert ‘‘(increased by $4,900,000)’’. H.R. 1539: Mr. SCARBOROUGH. HOUGHTON, Mrs. LOWEY, Mr. FLAKE, Mrs. Page 51, line 11, after the second dollar H.R. 1689: Mr. BUNNING of Kentucky, Mr. MCCARTHY of New York, Ms. VELAZQUEZ, Mr. amount insert ‘‘(increased by $4,900,000)’’. MCHALE, Mr. GOODLING, Mr. PITTS, Mr. MCHUGH, Mr. FORBES, and Mr. SCHUMER. Page 51, line 13, after the dollar amount in- GREENWOOD, Mr. CONDIT, Mr. BARR of Geor- H.R. 2450: Mr. CLEMENT. sert ‘‘(increased by $4,900,000)’’. gia, and Mr. GEKAS. H.R. 2454: Mr. WELDON of Pennsylvania, Page 51, line 18, after the dollar amount in- H.R. 1704: Mr. TAUZIN, Mr. SAXTON, Mr. Mr. LOBIONDO, Mr. BARRETT of Wisconsin, sert ‘‘(increased by $4,900,000)’’. LAZIO of New York, Mr. ARCHER, Mr. Mr. HINCHEY, Mrs. MYRICK, Ms. EDDIE BER- Page 107, line 16, after the dollar amount HASTERT, Mr. LAHOOD, Mr. DUNCAN, Mr. BE- NICE JOHNSON of Texas, and Mr. CLEMENT. insert ‘‘(reduced by $4,900,000)’’. REUTER, Mrs. ROUKEMA, and Mr. HORN. H.R. 2456: Mr. GREENWOOD. H.R. 2267 H.R. 1737: Mr. ACKERMAN, Mr. STEARNS, and H.R. 2457: Mr. LOBIONDO, Mr. HINCHEY, Mr. OFFERED BY: MR. SCHUMER Mr. CAPPS. MILLER of California, Ms. EDDIE BERNICE AMENDMENT NO. 49: Page 31, line 16, after H.R. 1735: Mr. BISHOP, Mr. KUCINICH, Mr. JOHNSON of Texas, and Mr. ENGLISH of Penn- the dollar amount, insert ‘‘(decreased by KLECZKA, Mr. WEYGAND, Mr. BLILEY, Mr. sylvania. $5,000,000)’’. NEAL of Massachusetts, Mr. MEEHAN, Mr. H.R. 2460: Mr. GEKAS. Page 31, line 18, after the semicolon, insert FOLEY, Mr. UNDERWOOD, Mr. MARTINEZ, Mr. H.R. 2464: Mr. POMEROY, Mr. NADLER, and the following: ‘‘of which $5,000,000 shall be HINOJOSA, Mr. GREEN, Mr. WHITFIELD, Mr. Mrs. NORTHUP. for programs authorized under subtitle H of FROST, Mr. REYES, Mr. BALDACCI, Mr. H.R. 2483: Mr. FOX of Pennsylvania, Mr. title III of the 1994 Act;’’. SOUDER, and Mr. BARCIA of Michigan. ENGLISH of Pennsylvania, Mr. SCARBOROUGH, H.R. 1788: Mrs. THURMAN, Mr. MCDERMOTT, Mr. METCALF, Mr. NEUMANN, Mr. SMITH of H.R. 2267 and Mr. CAPPS. Michigan, Mr. PACKARD, Mr. BLUNT, Mr. SEN- OFFERED BY: MR. SCHUMER H.R. 1797: Mr. WICKER, Mr. WELDON of Flor- SENBRENNER, Mr. GIBBONS, and Mr. MORAN of AMENDMENT NO. 50: Page 67, after line 19, ida, Mr. BURTON of Indiana, Mr. SAM JOHN- Kansas. insert the following: September 23, 1997 CONGRESSIONAL RECORD — HOUSE H7731

DESIGNATION OF FOREIGN TERRORIST H.R. 2267 page 31, line 1, after the amount insert ‘‘(in- ORGANIZATIONS OFFERED BY: MR. SCHUMER creased by $37,000,000)’’ and on line 21 after the amount insert ‘(increased by $76,750,000)’’ For expenses necessary for the designation AMENDMENT NO. 52: At the end of the bill, and on line 13 after the amount insert ‘‘(in- of organizations as foreign terrorist organi- insert after the last section (preceding the crease by $4,000,000)’’. zations pursuant to section 219(a) of the Im- short title) the following new section: migration and Nationality Act (8 U.S.C. SEC. 617. (a) None of the funds provided H.R. 2267 1189(a)), as added by section 302 of Public under this Act may be used to provide assist- OFFERED BY: MR. SMITH OF NEW JERSEY Law 104–132 (110 Stat. 1214, 1248); and the ance to any State under part E of title I of the Omnibus Crime Control and Safe Streets AMENDMENT NO. 54: Page 117, after line 2, amount otherwise provided in this title for insert the following new section: ‘‘DEPARTMENT OF STATE—Administra- Act of 1968 in an amount that exceeds 90 per- cent of the amount to be provided to such SEC. 617. None of the funds appropriated or tion of Foreign Affairs—Salaries and Ex- otherwise made available by this Act may be penses’’ is hereby reduced by; $7,270,260. State under such part. (b) The limitation established in sub- obligated or expended to pay the salary or H.R. 2267 section (a) shall apply to any State that has expenses of any official or employee of the in effect throughout the State a law which Department of State to make or carry out OFFERED BY: MR. SCHUMER requires that a person register in accordance any contract authorizing any private entity AMENDMENT NO. 51: At the end of the bill, with section 170101 of the Violent Crime Con- to assess a charge or fee upon United States insert after the last section (preceding the trol and Law Enforcement Act of 1994 solely citizens for information about United States short title) the following new section: on the basis of a conviction for consensual passports. SEC. 617. (a) None of the funds provided sodomy between adults. H.R. 2267 under this Act may be used to provide assist- H.R. 2267 OFFERED BY: MS. WATERS ance to any State for the National Sexual FFERED Y R COTT O B : M . S AMENDMENT NO. 55: Page 29, line 10, after Offender Registry. AMENDMENT NO. 53: Page 29, line 10, insert the dollar amount, insert ‘‘(decreased by (b) The limitation established in sub- after the amount ‘‘(reduced by $258,750,000)’’ $30,000,000)’’. section (a) shall apply to any State that has and insert as follows: page 28, line 17, after Page 31, line 12, after the dollar amount, in effect throughout the State a law which the amount insert ‘‘(increased by insert ‘‘(increased by $30,000,000)’’. requires that a person register in accordance $80,000,000)’’; page 29, line 20, after the H.R. 2267 with section 170101 of the Violent Crime Con- amount insert ‘‘(increased by $13,000,000)’’and trol and Law Enforcement Act of 1994 solely on line 22, after the amount insert ‘‘(in- OFFERED BY: MR. WATT OF NORTH CAROLINA on the basis of a conviction for consensual creased by $8,000,000)’’and on line 25 after the AMENDMENT NO. 56: Page 20, line 21, strike sodomy between adults. amount insert ‘‘(increased by $40,000,000)’’; ‘‘March 1’’ and insert ‘‘September 30’’ E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, TUESDAY, SEPTEMBER 23, 1997 No. 128 Senate The Senate met at 9:30 a.m., and was amendments are expected and there- ing to the discretion of the Secretary of called to order by the President pro fore rollcall votes will occur through- Health and Human Services to track devices tempore [Mr. THURMOND]. out the day. or to conduct postmarket surveillance of de- Under the consent agreement there vices. PRAYER are 5 hours remaining for debate prior AMENDMENT NO. 1140 The PRESIDING OFFICER. The Sen- The Chaplain, Dr. Lloyd John to a vote on the pending substitute amendment. I hope that once the de- ate will now resume consideration of Ogilvie, offered the following prayer: the Durbin amendment No. 1140 with 2 bate time has expired, the Senate will Gracious Father, thank You for the minutes of debate prior to the vote. be able to proceed to a vote and then stirrings in our minds and the longings The Senator from Illinois. in our hearts that are sure evidence passage of this important legislation. Mr. DURBIN. Mr. President, thank that You are calling us into prayer. The majority leader has also stated you for recognition this morning and Long before we call, You answer by that this week the Senate will consider the resumption of our consideration of creating the desire to renew our rela- the D.C. appropriations bill and any ap- this important bill. tionship with You. You allow that feel- propriations conference reports that Amendment No. 1140, which I have of- ing of emptiness in the pit of our being become available. fered, is an amendment that I think is to alert us to our hunger for fellowship I yield the floor. absolutely essential if this bill is to be with You. f airtight. We are giving to outside lab- Our thirst for Your truth, our quest FOOD AND DRUG ADMINISTRATION oratories the authority to review and for Your solutions to our needs, and MODERNIZATION AND ACCOUNT- approve medical devices, medical de- our yearning for Your answers to our ABILITY ACT OF 1997 vices which literally could mean life or problems are all assurances that before death for millions of Americans. we articulated our prayers, You were The PRESIDING OFFICER (Mr. When these approvals are given, preparing the answers. It is a magnifi- HUTCHINSON). Under the previous order, these companies stand to make sub- cent, liberating thought that all the Senate will now resume consider- stantial profits because of FDA ap- through this day when we cry out for ation of S. 830, which the clerk will re- proval. The Durbin amendment cor- Your help, You have already been wait- port. rects a serious error in this bill by ing for us to give up our persistent self- The assistant legislative clerk read making certain that there will be no reliance and start drawing on the su- as follows: conflict of interest by the third-party pernatural strength and superabundant A bill (S. 830) to amend the Federal Food, reviewers. We say in specific terms wisdom You are so eager to give us. Drug and Cosmetic Act and the Public that those reviewing the medical de- Thank You for a day filled with Health Service Act to improve the regula- vices cannot receive gifts from the tion of foods, drugs, devices and biological serendipities of Your intervention. In products, and for other purposes. company that is the owner of the med- the name of our Lord and Saviour. ical device, they cannot receive or own The Senate resumed consideration of Amen. stock of the company that they are re- the bill. f viewing, they cannot have been offered Pending: a job or solicited a job from the com- RECOGNITION OF THE ACTING Jeffords amendment No. 1130, in the nature pany that they are reviewing, and MAJORITY LEADER of a substitute. there must be a full financial disclo- The PRESIDENT pro tempore. The Harkin amendment No. 1137 (to amend- ment No. 1130), authorizing funds for each of sure. able acting majority leader is recog- fiscal years 1998 through 2000 to establish If we are going to maintain the integ- nized. within the National Institutes of Health an rity of the process, protect American f agency to be known as the National Center consumers, and avoid this sort of con- for Complementary and Alternative Medi- flict of interest, I urge my colleagues SCHEDULE cine. to adopt the Durbin amendment. Mr. JEFFORDS. Mr. President, this Durbin amendment No. 1140 (to amend- Mr. JEFFORDS. Mr. President, the morning the Senate is immediately re- ment No. 1130), to require that entities and Senator’s amendment at best dupli- suming consideration of S. 830, the individuals accredited to conduct review of cates the third-party conflict-of-inter- FDA reform legislation. In a moment device notifications be subject to the con- est protections in the bill and at worst flict of interest standards that apply to em- we will begin two consecutive rollcall ployees of the Food and Drug Administra- unnecessarily constrains the agency. votes on or in relation to the pending tion. The ranking minority member, Sen- amendments offered by Senator DUR- Durbin amendment No. 1139 (to amend- ator KENNEDY, and the FDA join me in BIN. Following those votes, additional ment No. 1130), to eliminate provisions relat- opposing this amendment.

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

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VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9738 CONGRESSIONAL RECORD — SENATE September 23, 1997 Section 204 of the bill provides a full project to allow private sector review Coats Hagel Murkowski statutory directive to the agency adopt of medical devices. If we are to take Cochran Hatch Nickles Collins Hutchinson Roberts measures within 180 days of enactment this step, it is absolutely critical that Coverdell Hutchison Roth to prevent conflicts of interest that we subject those private sector review- Craig Inhofe Santorum may be involved with both an indi- ers to the same conflict-of-interest re- D’Amato Jeffords Sessions DeWine Kempthorne vidual reviewer and with the reviewing strictions that Government reviewers Shelby Dodd Kennedy Smith (NH) URBIN Domenici Kerrey organization. As with Senator D , are subject to. Smith (OR) Enzi Kohl this was a critical concern for members The amendment sponsored by the Snowe Faircloth Kyl Specter of the committee. Senator from Illinois would do just Frist Lott Section 204 provides full discretion to that. It would say to private sector re- Gorton Lugar Stevens the agency to develop appropriate viewers, ‘‘You cannot own stock in any Gramm Mack Thomas Thompson standards. The agency will not be lim- company whose product you review. Grams McCain Grassley McConnell Thurmond ited in any way in developing these You cannot accept any gifts from a Gregg Mikulski Warner guidelines. In fact, the agency has al- company whose product you review, ready developed extensive conflict-of- and you cannot designate any other NOT VOTING—1 interest guidelines as part of its exist- person to receive such a gift.’’ That’s Helms ing third-party program, including pro- it. Pretty simple and straightforward. The amendment (No. 1140) was re- tections from situations such as if the But very important. jected. third party or any of its personnel in- As one of the lead sponsors of the AMENDMENT NO. 1139 volved in 510(k) reviews has any owner- Senate gift ban several years ago, I feel The PRESIDING OFFICER. Under ship or other financial interest in any strongly that the public has a right to the previous order, we will resume con- medical device, device manufacturer, know that elected officials are working sideration of amendment 1139 by the or distributor. in the best interests of their constitu- Senator from Illinois with 2 minutes of The Senator’s concerns have caused ency, and cannot be bought or sold debate equally divided. us to reexamine the important issue of over lunch provided by high-paid lobby- Mr. JEFFORDS. Mr. President, the preventing conflicts of interest. We ists. Just as politicians should not be Senate is not in order. commend him for doing so, but I urge trading on their influence, neither The PRESIDING OFFICER. The Sen- a no vote. should private sector medical device ator from Vermont is correct. The Mr. FEINGOLD. Mr. President, I am reviewers be swayed in their decision pleased to join my friends and col- House is seldom in order and the Sen- process by gifts from industry rep- ate is not in order. The Senate will leagues, Mr. DURBIN of Illinois and Mr. resentatives or the promise of huge come to order. JOHNSON of South Dakota, in cospon- profits derived from a recommendation soring amendment No. 1140. This We will not resume consideration of for FDA approval. the amendment until the Senate comes amendment will ensure that private, I hope my colleagues will do the third-party reviewers of class I and II to order. right thing, and limit the potential for Will the Senators to my left please medical devices will be subject to the corruption in this bill by voting for same conflict-of-interest restrictions cease audible conversation? this important amendment. The Senator from Vermont. that federally employed reviewers are. The PRESIDING OFFICER. The yeas Under current law, employees of the Mr. JEFFORDS. Mr. President, I and nays have not been ordered. would defer to the Senator from Illi- Food and Drug Administration who re- Mr. JEFFORDS. I ask for the yeas view drugs and medical devices are nois, and I reserve my time. and nays. The PRESIDING OFFICER. The Sen- subject to strict regulations governing The PRESIDING OFFICER. Is there a their interaction with the companies ator from Illinois is recognized for 1 sufficient second? minute in behalf of his amendment. whose products they are reviewing. There is a sufficient second. They are not allowed to accept gifts Mr. DURBIN. Mr. President, if you The yeas and nays were ordered. buy a car in America the manufacturer from such companies. In addition, they The PRESIDING OFFICER. The cannot designate other persons to ac- keeps a record of your name and ad- question is on agreeing to the Durbin dress, or if there is a defect they can cept gifts on their behalf. Another im- amendment No. 1140. portant restriction prohibits reviewers recall the car. This bill removes the re- The yeas and nays have been ordered. quirement for medical device manufac- from having a financial interest in any The clerk will call the roll. company whose products they are re- turers to keep a record of those people The assistant legislative clerk called who receive pacemakers and heart viewing. the roll. Mr. President, these are common- valves. Why is that important? Be- Mr. NICKLES. I announce that the sense measures which help to maintain cause, if there is a defect in that life- Senator from North Carolina [Mr. the public’s confidence in the safety of saving medical device, they can’t find HELMS] is necessarily absent. our Nation’s drugs and devices. The the patients. What results? The PRESIDING OFFICER (Mr. ROB- pharmaceutical and medical device in- Just a few years ago 300 Americans ERTS). Are there any other Senators in dustries command billions of dollars died. They had the Bjork-Shiley heart the Chamber desiring to vote? every year. We live in a world in which valve that was defective and they The result was announced—yeas 40, FDA approval can mean immediate and couldn’t be found. Does it make sense nays 59, as follows: enormous profits for investors. In such for us to remove this responsibility of an environment, it is absolutely crit- [Rollcall Vote No. 252 Leg.] medical device manufacturers? ical that the Government be vigilant in YEAS—40 Take a look on your desk at a letter its responsibility to ensure that appli- Akaka Feingold Lieberman from 27 different organizations rep- cations are reviewed thoroughly and in Baucus Feinstein Moseley-Braun resenting patients across America who Biden Ford Moynihan say it is only sensible to make certain an unbiased manner. Bingaman Glenn Murray We all know people—family members Boxer Graham Reed that we track and keep track of those and friends—whose health, and even Breaux Harkin Reid who are receiving these medical de- lives, rely on important medication Bryan Hollings Robb vices. Bumpers Inouye Rockefeller and devices. There are few jobs more Byrd Johnson I urge my colleagues to vote for this Sarbanes Cleland Kerry significant than assuring the safety Torricelli amendment. It is not too great a bur- Conrad Landrieu and efficacy of these items. In my Wellstone den on a medical device manufacturer Daschle Lautenberg mind, Mr. President, this is a role— Dorgan Leahy Wyden to keep a record of those receiving protecting health and safety—that is Durbin Levin pacemakers and heart valves. best served by Government, rather NAYS—59 The PRESIDING OFFICER. The time than by the private sector. However, of the Senator from Illinois has ex- Abraham Bennett Burns the bill before us takes a different Allard Bond Campbell pired. view, and establishes a large-scale pilot Ashcroft Brownback Chafee Mr. JEFFORDS addressed the Chair.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9739 The PRESIDING OFFICER. The Sen- Dodd Jeffords Roberts However, this legislation still con- ator from Vermont is recognized to Domenici Kempthorne Roth tains provisions which could jeopardize Enzi Kennedy Santorum speak for 1 minute. Faircloth Kyl Sessions the public health. I rise today to ad- Mr. JEFFORDS. Mr. President, I dis- Frist Landrieu Smith (NH) dress one of these areas and that is the agree entirely with the statement Gorton Lautenberg Smith (OR) elimination of an important consumer Gramm Lieberman made by the Senator from Illinois. The Snowe protection against unsafe or ineffective Grams Lott Stevens Grassley Lugar medical devices. The bill, as it is pro- Senator’s amendment strikes the Thomas Gregg Mack agreement reached on these provisions Thompson posed today, as we deal with it today, Hagel McCain Thurmond would limit the FDA’s authority to ask among the bill’s sponsors, the FDA, Hatch McConnell and Senator KENNEDY. The FDA should Helms Moynihan Warner device manufacturers for safety data. have the discretion to decide when it Hutchinson Murkowski Wyden It prohibits the FDA from considering makes sense to require device tracking Inhofe Nickles how a new device could be used, if the or surveillance for a product. The amendment (No. 1139) was re- manufacturer has not included that use Current law requires tracking for jected. in the proposed labeling. certain product types and gives the The PRESIDING OFFICER. Under As a general matter, the FDA does FDA discretion to require tracking for the previous order, the Senator from not typically consider uses that the other products. It is simply not nec- Rhode Island is recognized to offer an manufacturer has not included in its essary for every current and future de- amendment. proposed labeling. However, there are vice in the mandatory category to be AMENDMENT NO. 1177 instances where the label does not tell subject to the tracking requirement. (Purpose: To ensure that determinations of the whole story. In these instances, This provision allows FDA affirma- the Secretary with respect to the intended when the label may be false or mis- tively to indicate which products in uses of a device are based on the proposed leading—it is in these instances that the mandatory category should be sub- labeling only if such labeling is not false or my amendment would give the FDA ject to tracking. FDA may use its dis- misleading) the authority to look behind the label. cretion to add new products to the list Mr. REED. Mr. President, I have an In fact, this is such a critical issue that of products which must be tracked, or amendment at the desk, amendment the administration has made it clear put a product back on the list for No. 1177. I would like to call up my that this provision could put the whole tracking if evidence indicates the need. amendment at this time. bill at risk, including, I might add, the The PRESIDING OFFICER. The The FDA is overburdened. We want reauthorization of the PDUFA, the pre- clerk will report. to free them up to do the things that scription drug user fee amendment, be- The bill clerk read as follows: need to be done. cause they have threatened, if this pro- The Senator from Rhode Island [Mr. REED] vision does survive, to veto the legisla- The FDA has publicly stated that it proposes an amendment numbered 1177. is unnecessary for all devices in the tion. And that would, I think, derail a mandatory category—postmark and Mr. REED. Mr. President, I ask unan- great deal of very positive work that surveillance category—to be subject to imous consent that reading of the we have done today. A great deal of discussion has taken its postapproval evaluation. amendment be dispensed with. The PRESIDING OFFICER. Without place on the medical device provisions I urge defeat of the amendment. objection, it is so ordered. of this bill. I certainly want to com- The PRESIDING OFFICER. The time The amendment is as follows: pliment Senator JEFFORDS and Senator of the Senator has expired. On page 30, line 16, insert before the first KENNEDY and all my other colleagues The question is on agreeing to the period the following: ‘‘if the proposed label- on the committee for resolving most of amendment of the Senator from Illi- ing is neither false nor misleading’’. these issues and doing so in a very rea- nois. The yeas and nays have not been The PRESIDING OFFICER. The Sen- sonable, very thoughtful, and very re- ordered. ator is recognized. sponsible manner. However, the provi- Mr. JEFFORDS. I ask for the yeas Mr. REED. I ask unanimous consent sion regarding device labeling still and nays. Senators KENNEDY and BINGAMAN be raises substantial concerns, as I have The PRESIDING OFFICER. Is there a added as cosponsors of this amend- alluded to, and it could be corrected sufficient second? ment. very simply by my amendment with- There is a sufficient second. The PRESIDING OFFICER. Without out, I believe, undermining the at- The yeas and nays were ordered. objection, it is so ordered. tempt of this bill which is to provide The PRESIDING OFFICER. The Mr. REED. Mr. President, today we for a streamlined, effective process so question is on agreeing to the amend- are debating very important legisla- that new medical devices, new pharma- ment of the Senator from Illinois. On tion, important for the country in the ceuticals can reach the market and be this question, the yeas and nays have reformation and reauthorization pro- used by the American public for their been ordered and the clerk will call the grams at the Food and Drug Adminis- health and well-being. roll. tration. Particularly important in this Let me preface discussion of my The bill clerk called the roll. legislation is the prescription drug user amendment by briefly describing the The result was announced—yeas 39, fee program, which has proven to be a process of how the FDA regulates and nays 61, as follows: remarkable achievement that has clears medical devices for market. [Rollcall Vote No. 253 Leg.] speeded the approval of drugs, getting Under current law, manufacturers of YEAS—39 these necessary medicines to the Amer- new class I and class II devices can get Akaka Feinstein Levin ican public. their products onto the market quickly Baucus Ford Mikulski S. 830 includes a number of provisions by showing that they are substantially Bingaman Glenn Moseley-Braun that will include and streamline the equivalent to devices already on the Boxer Graham Murray regulation of prescription drugs, bio- market. For example, the manufac- Breaux Harkin Reed Bryan Hollings Reid logical products and medical devices, turer of a new laser can get that laser Byrd Hutchison Robb and we have made great progress over onto the market if it can show the FDA Cleland Inouye Rockefeller the last several weeks and months in that the laser is, again, ‘‘substantially Conrad Johnson Sarbanes Daschle Kerrey Shelby reaching this position today. This bill equivalent’’ to a laser that is already Dorgan Kerry Specter is a result of ongoing renegotiations, on the market. Similarly, the manu- Durbin Kohl Torricelli both prior to and subsequent to the facturer of a new biopsy needle can get Feingold Leahy Wellstone markup of the legislation. Through the biopsy needle onto the market by NAYS—61 this process, a number of provisions showing it is substantially equivalent Abraham Brownback Cochran that could have threatened the public to a biopsy needle already on the mar- Allard Bumpers Collins health and safety have been dropped or ket. And the manufacturer of new pa- Ashcroft Burns Coverdell otherwise reformed in such a way that tient examination gloves can get the Bennett Campbell Craig Biden Chafee D’Amato we have made, as I said, remarkable same expedited market clearance by Bond Coats DeWine and very effective progress. claiming substantial equivalency.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9740 CONGRESSIONAL RECORD — SENATE September 23, 1997 Under current law, manufacturers we can consider in our application with good, sound public policy regard- are required to demonstrate this sub- process, even if the FDA considers the ing the Food and Drug Administration stantial equivalency to the FDA by possibility of other uses or even, some and medical devices. showing that the new product has the would argue—even if the FDA felt that Let me give just a few examples, be- same intended use as the already-mar- the label was misleading or, indeed, cause this is not just a legal, academic keted product; and that the new prod- false. issue. This is a very real issue. There uct has the same technological charac- My language would be added at the has been one example that has been teristics of that already-existing prod- very end, and it would simply say, ‘‘if discussed on the floor by my colleagues uct in the marketplace. If the new the proposed labeling is neither false and that is the use of biopsy needles. product has certain different techno- nor misleading.’’ In a sense, it would Biopsy needles are approved for one logical characteristics, these charac- give the FDA the opportunity to look use, principally. That is, as the name teristics must not raise new types of at a proposed use on a proposed label implies, to take a biopsy to remove tis- safety and effectiveness questions in and say, ‘‘This is consistent with the sue from a breast lesion, for example. order for the product to still be sub- device, consistent with use, let’s get Typically, these needles will remove a stantially equivalent to the older prod- this onto the market through the very small bit of tissue, about the size uct. The logic of this process for mov- 510(k) process expeditiously.’’ But if of the tip of a pencil. But a manufac- ing medical devices onto the market is they thought there was another pos- turer could present a device that could quite simple. If a product is very much sible use, another likely use, or that remove 50 times that—not a typical like an existing product, it can go to the intended use was really perhaps a pencil, but the width of a hot dog. And market quicker. But if it raises new subterfuge for other uses, they could that would obviously raise questions safety or effectiveness questions, those challenge the application at that junc- about how this new device is going to questions should be thoroughly an- ture. be used. swered before the product is made I believe this is something that the But under the language in the legis- available to the public. FDA should have the authority to do. lation, there is a very strong argument The process for getting new medical In fact, I would assume the American that the FDA could not look to pos- devices on the market is commonly public believes that the FDA has this sible other uses because the manufac- known as the section 510(k) process or authority, that they can look very turer said simply, ‘‘We’re going to use the 510(k) process. It’s considered to be closely, very carefully; that they don’t this for the traditional biopsy of tissue, the easiest route for FDA approval. In have to take as the final authority the a small biopsy of tissue. That’s all. fact, 95 percent of all medical devices characterization of the device by the We’re not going to use it or suggest it that come onto the market come manufacturer. And they can, by simply be used for the removal of tumors, the through this 510(k) process. In a sense, examining the device, using their expe- removal of tissue, just the biopsy.’’ because of this, because of this ease, rience, conclude that there might be Then they would be essentially pre- this is the process that is most used by other uses which should be evaluated vented from looking at this other use manufacturers. There is, in many before this device gets on the market. which may in fact be the actual use of As I indicated, my amendment would cases, an incentive to bring your new the device in the marketplace. allow them to effectively look behind product through this 510(k) procedure. So we have to be very careful about the label, look behind the characteriza- It has the lowest thresholds for ap- that. The FDA should be able in this tion that was proposed by the com- proval, if you will, and this incentive case to say, ‘‘Well, this could be used pany. requires, essentially, the manufactur- for something beyond a simple biopsy. ers at times to look about in the mar- It is also important to note that this is not a particularly novel or startling If that’s the case, show us some data ketplace and say this is going to do about its success rate, show us some just what this item does currently, approach to legislation. Because if you turn to the other major approval proc- data about the effects if it’s used in even though the new technology or the this way and not the precise label use.’’ new innovation or new design might be ess, that is for a class II product, a new product that has to do extensive pre- This is something that I believe we adaptable to other purposes. But there should have. There are proponents of is, I believe, a regulatory incentive to market review, in this case they do have the explicit authority, under the existing language which say that try to speed things through the FDA by the FDA can get at that simply by say- saying: No, no, this is substantially present law, to look beyond the label. Because even if the manufacturer indi- ing this is a new technology, it is not equivalent, that’s all we are going to equivalent to the old one. But the man- do, this is it. As a result, I think the cates one use on the label, they do not have to accept that use if they deter- ufacturer could argue that there are no FDA has to seriously look at, not just questions of safety or effectiveness the labeled use, but in certain mine that it is false or misleading. So this is not a novel concept. In fact, I even if it was a new technology. Essen- circumstances—not common cir- tially this new language designed to cumstances but in certain cir- think it represents what should be the normal practice for the FDA, to be able streamline the process could lead us cumstances—look behind the label. right back to the contentious issues The bill as it is currently proposed to look behind the label. about whether or not this new tech- would compromise the FDA’s existing My amendment would give the Food nology endangers health and safety. It ability to do that and this change and Drug Administration this author- could lead us back, I think, in a way in could raise substantial risks to the ity. It would give them the authority, which the FDA has the weaker hand in public health. My amendment address- and does so for new information, addi- the argument. es this bill that would prohibit the tional information, additional data. FDA from considering how a device This is not an attempt to frustrate I believe that the American public would be used if the manufacturer has progress, to slow up the process, to im- would like to see the FDA with the au- not included the use in its proposed pede the rapid deployment of new tech- thority and the ability to ensure that label. My amendment would add 9 sim- nologies into the marketplace. This is, these devices are thoroughly reviewed ple words to the bill. Let me first show I hope, an attempt to protect the pub- before they get to the marketplace. you the existing language that is under lic health and safety, protect the con- As we go forth, there are other exam- discussion, and that is: sumers of these devices; and, hopefully, ples. In fact, my colleague from Massa- The determination of the Secretary under to delineate the authority of the FDA chusetts, I think, will talk specifically this subsection and section 513(F)(1) with re- which typically they would use only in about one example of a biopsy needle spect to the intended use of a device shall be rare circumstances so we don’t have a which went on the market. Before this based on the intended use included in the battle at the FDA about whether this device went on the market, it was test- proposed labeling of the device submitted in device is technologically different. So I ed only on two cows and, I am told, 13 a report under section 510(k). hope, by using this approach, this lan- roast beef. Now we hear that the device Essentially, what this says is if a guage, we could conform the 510(k) marketed as a biopsy needle has in manufacturer says, ‘‘This is what we process in this respect to the existing practice been used for other surgical are going to do,’’ on a label, this is all process and we could move forward procedures. Now, this is an example of

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9741 how something, even if it was not de- approved. So I think the idea that this more secure in the quality of products liberately designed by the manufac- can be corrected after the fact is not we are getting but also the efficiency turer, can be changed in its use in prac- sufficient weight to preclude us from with which those products become tice. And, again, I think the FDA taking effective steps before a device available to patients and people in this should be able to anticipate those rare gets in the marketplace. country. I thank my colleague from circumstances where it might happen What I would like to do in my Rhode Island for the explanation. and take effective action to protect the amendment is simply give the FDA the This has become an arcane subject public health. authority to look at a proposed use, a There are other examples. Another labeled use, make a determination that matter when we talk about paragraphs good example is a surgical laser. Lasers this device and this label is consistent and titles and how the FDA process have been used for decades for the re- and get it through the 510(k) process works. That is the reason the com- moval of tissue. Several years ago a quicker. But in those rare cir- mittee has spent so much time going manufacturer added a side-firing mech- cumstances where the device itself and back over this material, to try to sort anism to their laser to improve its use the label do not appear to be con- out exactly what would work best and for prostate cancer. While the manu- sistent, coherent, where there is the how it would apply. facturer did put that specific use in the possibility of a false label or a mis- Contrary to how it has been por- proposed label, it was very, very clear leading label, or the possibility that trayed thus far, the provision in the that this new side-firing design was in- the company may indeed in most cases bill which is the subject of this amend- tended solely for this purpose of treat- in very good faith be insisting this is ment—what it does, Mr. President, is it ing prostate patients. As a result the how they want to market it, this is shrinks back to current law an author- FDA, using its current authority, its how they propose it be used, but the ity that the FDA has been stretching, ability to look beyond the actual label- medical profession itself would adapt in our view, past the bounds of fair ing use, was able to require the manu- this very quickly for other uses, in practices. facturer to submit data demonstrating those circumstances I believe the FDA the laser’s safety and effectiveness in should have the authority. So the effort here is to try to get treating prostate patients. I hope that my colleagues will recog- back exactly to what the intent has This is precisely how the approval nize this, will support this amendment, been. All we, the authors of the bill, process should work. In rare cir- support giving what the FDA has are asking is that the FDA not force cumstances, when the device obviously today: the authority to look behind the manufacturers to supply information looks different than the label use, the label and to require that companies on other than the imputed uses for FDA should be able to say, this could provide data for the likely uses of the which the manufacturer is not seeking be used in ways that you are not label- product they intend to market. approval and could not market the ing. We have to look at all the likely, Before concluding, I ask, Mr. Presi- product even if they wanted to. obvious ways beyond the label. Let us dent, unanimous consent that Senator You can see how the FDA in the cur- DURBIN be added as a cosponsor to this do that. Let us get beyond the label. rent practice of second-guessing manu- amendment. Under the present language, without facturers can certainly create uncer- the Reed-Kennedy-Bingaman amend- The PRESIDING OFFICER. Without tainty not only in terms of the manu- ment, the FDA would have a difficult objection, it is so ordered. facturer but also in terms of con- time looking behind the label, looking Mr. REED. I thank the Chair. sumers. A manufacturer, Mr. Presi- at actual uses and requiring the data The PRESIDING OFFICER. Who and the analysis which should be done seeks time? dent, can spend years designing a prod- Mr. JEFFORDS addressed the Chair. beforehand, before the goods get on the uct for a specific purpose only to be The PRESIDING OFFICER. The Sen- told by the FDA that it should go back market. ator from Vermont. I do not think you have to do this to the drawing board and test the prod- Mr. JEFFORDS. My colleague from uct for uses other than those for which simply because there are people out Rhode Island is a welcome addition to the product was created in the first there who would have a maligned mo- the Labor Committee. He has been ac- place. That creates tremendous uncer- tive. This is a situation where, if we tive and has made some good sugges- tainty. create through our legal structures op- tions for improving this legislation, portunities to get products quicker to but this is not one of them. Let me, if I can, Mr. President, try to the marketplace, then companies, with This amendment sounds like simple describe this process and what we are their expert legal counsel, will exploit good Government but in fact would gut talking about. That is where it gets a those ways. It is our responsibility to the provision and 20 years of effective bit arcane. The Senator from Rhode Is- ensure that we have a process that pro- medical device regulation. land, I think properly, characterized tects the public health. Mr. President, I yield 15 minutes to some of the differentiations here, but I Whatever process we develop here the Senator from Connecticut. think he gets lost on some people. today will be used by the companies in The PRESIDING OFFICER. The Sen- a way which, if we were executives of What we are talking about here are not ator from Connecticut is recognized. high-risk devices but lower risk de- companies, we would use in the same Mr. DODD. Thank you, Mr. Presi- way. But we have to take into consid- dent. vices. eration not the benefits or the position Let me begin by commending the Ninety-five percent of the products of the manufacturer, but the position, I chairman of the committee, Mr. Presi- that come out of the FDA for approval think, of the general public that would dent, for the work he has done on this in this area are lower risk devices. use the devices. bill and for others who have been in- What is a lower risk device and what is So, I believe we have to have stand- volved in it. the process that exists today that al- ards that are sufficient to give the We are arriving at the point here lows for the approval of these products Food and Drug Administration the au- where we have a 211-page bill put to- to be marketed? thority they need to do the job. I be- gether in the past 21⁄2 years, where we Well, the lower risk device goes lieve that my amendment does this. I are, hopefully, down to its last provi- believe we have to have these proce- sion, which has been the subject of through, as the Senator from Rhode Is- dures in place before a device gets into some discussion over the last number land has described, a 510(k) process. the marketplace. There are those who of days. That is the applicable provisions at the would argue that the FDA has the I want to just at the outset commend FDA. Under that provision, if a manu- power to recall an item, has the power those who have been involved in it, ex- facturer wants to bring out a lower to intervene, but then of course it is plaining what the purpose of the intent risk medical device, they must prove too late because obviously the public here is. We have passed this bill out of that the new device is ‘‘substantially has already suffered in some way. our committee 14 to 4. There was some equivalent’’—I am quoting here—‘‘to a Indeed, it is not as easy as it may ap- disagreement over a number of provi- device already on the market,’’ the so- pear for the FDA to step into the mar- sions, but I believe we produced a very called predicate device. That is why it ketplace and get goods off or an item fine product which is going to assist is called a lower risk device. There al- off the market that has already been tremendously in making this even ready then has been the approval of a

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9742 CONGRESSIONAL RECORD — SENATE September 23, 1997 product that is substantially equiva- going on the market because they that is going to endanger anyone’s life lent to a product that the manufac- failed the second test. No reference has at all. In fact, quite the contrary. We turer wants to bring out. been made to that. They failed the sec- want to do everything we can to see to So the decision was made, instead of ond test, not the intended purpose, but it that people are getting safe prod- having a manufacturer go through a de the technological differences. ucts, efficient products, effective prod- novo process, which can take years, as All the examples that have been ucts that will serve their interests and it should, that we are going to expedite given, of course, are tragic ones, deaths protect their lives. That is our purpose that process as long as there is a predi- and injuries resulting from the Dalkon and intent. We also want to see pa- cate out there—there is a predicate out shield, a woman who contracted toxic- tients able to get products and have there—there has already been a prod- shock syndrome from superabsorbent them reach the market. Certainly uct that is ‘‘substantially equivalent,’’ tampons, disfigurement caused by arti- there are going to be those who will be to quote the FDA. If that exists, then ficial jaw joints, and faulty plastic eye- fraudulent, bad actors. No one is sug- you can go, for the lower risk device, lashes that led to blindness. gesting they do not exist. Nothing we to the 510(k) process. These are all tragic examples with- will do here will stop that, I suppose. There are two tests—two tests—that out question. But in every single case But to suggest somehow that because you must meet if you are going to get it was not because they failed the first we are trying to in some way tighten FDA approval under that provision— test, the intended use; it was because up the intended use or purpose on the the lower risk device, not the higher they failed the second test. They were lower risk devices, that those who sup- risk device. No one is debating that. technologically flawed. It was not port this idea are guilty of somehow We are talking about the lower risk de- somehow that the manufacturer pro- jeopardizing people all across this vice. The two tests are the following. duced a product that was used for some country, I think is an unfair character- The first is that the device has the different purpose than the intended use ization. It is quite the contrary. same intended use as the predicate de- on the label, but that the product was In fact, a major company in my State vice. That is a subjective test. Does it faulty, technologically it was faulty. of Connecticut, U.S. Surgical, with have the same intended use? Does the So we cite these examples and then 9,000 employees, has come up with label say that? Does the marketing, say the reason that people lost their some of the most creative, imagina- does the information the company is lives or were disfigured was because tive, and effective devices to reduce the putting out have the same intended the manufacturer used it for some pur- risks of injury and to preserve lives. It use? That is a subjective test. And if a pose or someone used for it for a pur- is a very reputable company. The com- manufacturer puts on the label some pose other than was labeled. That is pany has brought to the American peo- other use, then they would fail that not the case. It just is not the case. So ple revolutionary technology. test—the intended use. I urge my colleagues when looking at They were leaders in creating mini- To say that a manufacturer must this, as technical and as arcane as it mally invasive surgery using also now have some imputed use that may be—and most Members do not fol- laparoscopes. Patients used to be laid you could not imagine, that you did low FDA regulations, do not get in- up for months, or weeks anyway, after not design, that you did not think volved in the details of it—but with a gall bladder operation. As a result of about, that some doctor may decide lower risk devices there are two tests, laparoscopic surgery, now a person can they want to use it for, is not what all within this bill. This amendment we be back at work within days because of that paragraph is all about. That is the are dealing with is the first test, the the technology developed by U.S. Sur- first test. intended use. gical. But the second test is far more im- In every example cited, the horror The breast biopsy, which has been portant. This bill does nothing to the stories cited, the tragic losses cited, in discussed here, was developed 2 years second test at all. The second test is every single case it was the failure of ago by U.S. Surgical and has been re- that the new device’s technological dif- the second test, which is not the sub- ceived by surgeons with overwhelming ferences do not raise new questions of ject of the amendment offered by the support in this country. Women have safety and efficacy. That is an objec- Senator from Rhode Island. benefited from its use in over 7,000 tive test, Mr. President. That is an ob- I urge my colleagues to pay attention cases worldwide. It is a safe and rep- jective test. Nothing in this bill to those of us who worked on this and utable company. I think it has been un- changes anything in that second test. understand what we are talking about. fairly labeled as otherwise. In fact, re- What we are trying to do is to get We are trying to see if we cannot nar- garding the biopsy, in trying to ap- back to that first test and say it is the row down the problem on the intended prove technology that would improve intended use of that predicate device, use sections. the technology, they should have re- the intended use of the predicate de- Mr. President, let me talk here a bit ceived plaudits for that. The FDA ap- vice. If the manufacturer does not meet about what our purposes are here. If we proved it. There were questions raised both of these tests, then the FDA does allow the FDA to have free rein in the about whether or not this was actually not have to clear the device. sense of having to guess at what a being used as a surgery to remove tu- This provision does not change that lower risk product could conceivably mors. Never did the manufacturer ever in any way whatsoever. You have to be used for once it is in the hands of suggest that was the case. Having lis- meet both tests. All that we are asking physicians, then there is no end, in my tened to some of the debate, that was in this bill, among other things that we view, to the studies that could be re- the implication. have tried to reform here, is that we be quired of manufacturers to produce. Mr. President, I think it is unfortu- able to draw some lines around the Some suggest perhaps we need a nate that that becomes the manner in first and very subjective test of the in- threshold to that guessing; maybe the which we debate a question here about tended use while retaining FDA’s full FDA is ‘‘kind of’’ sure that the doctors one provision we are trying to narrow a discretion on the much more objective would not use the device for another bit in lower risk products. tests of the technological differences. purpose. That would be the right Mr. President, there are a few exam- Now, in our view, with all due respect, threshold. Maybe ‘‘really’’ being sure ples of instances where the FDA has at- the FDA has been stretching its au- would be sufficient in some cases. Can tempted to second-guess the manufac- thority by trying to impute uses that you see how unworkable a concept like turers of a device about the device’s in- the manufacturer has no intention of this would be? Anytime the FDA is tended use. One was an endoscope, an doing. told they can look into their crystal example where a manufacturer was We have been given some examples ball and guess how a doctor might use asked to submit data on how the mate- over the past week of how the act a product, the result is going to be un- rials of a device would hold up after would only test the intended use on the certainty. multiple uses. The company, in fact, label. In fact, as I said, there are two Mr. President, let me step back a sec- insisted the label clearly state the tests under 510(k). In each of the exam- ond. There is not a single Member of product should only be used once and ples that have been given, the FDA had this body that in any way wants to be then discarded. That is what the label the ability to stop the devices from associated with or part of an effort said. That is what the company and the

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9743 manufacturer intended—one usage of not high risk. This is low risk. Two squeeze false and misleading language this endoscope. In the second case, a tests—subjective test, intended pur- into a place it doesn’t fit means all de- manufacturer designed a hearing aid to pose; second test, is it technologically vices would be undergoing the PMA reduce background noise. The FDA de- faulty, is it safe? process, a process that can take up to cided that the real intended use was In the case of U.S. Surgical’s diag- six times longer, six times longer. better hearing, and required the manu- nostic test for breast cancer, which has When there are patients out there and facturer to submit clinical data to been overwhelmingly received, by the families out there that want to see this prove that the device helped hearing way—in fact, I think we will hear later material get to them, we don’t need to overall. In a third case, Mr. President, from a colleague of ours who is a bene- be complicating a process on low risk a manufacturer developed a catheter ficiary of this—overwhelmingly accept- devices, delaying that event occurring, that was coated with a substance that ed. Had they thought to do something causing more pain and suffering. There enhances the integrity of the device else with that biopsy, then they would are people who suffer as a result of a materials when the device is implanted be in violation of this test. That was regulatory process that is so overbur- in the body. The FDA decided the coat- not the case and to suggest otherwise dened and so complicated that people ing was really intended to reduce infec- is just not true. cannot get these materials when they tion, and required clinical data to If it had been, the FDA would have need them. prove it. had full authority to request data on Mr. President, again, with all due re- Mr. President, in each of these cases the safety and efficacy of the device for spect, I urge my colleagues reject this the manufacturer was not seeking to the unapproved purpose. It would still amendment. promote or market the device for the have that authority under this provi- I yield the floor. imputed use at all and would have been sion. At no time did the FDA request Mr. JEFFORDS. I yield to the Sen- prohibited from doing so, and the any data for U.S. Surgical regarding ator from Indiana 10 minutes. The PRESIDING OFFICER (Mr. FDA’s authority in no way is eroded. If the use of the breast biopsy device for SANTORUM). The Senator is recognized the FDA believes that the company is tumor removal. So when this case is cited now, twice I heard it cited, I hope for 10 minutes. off on some imputed use they have the Mr. COATS. I thank the Senator for my colleagues would understand what authority to deal with that problem. yielding. We don’t change that in this law at all. the facts are. This is a fine company I want to commend the Senator from I also point out, Mr. President, in and the suggestion somehow they are Connecticut, Senator DODD, for his each case a useful device was delayed producing devices out there for pur- statement. Much of what I was going from reaching consumers in this coun- poses other than what was intended, to say he has articulated probably bet- try. That is what we are talking about risking consumers in this country, is ter than I could articulate, in terms of here. unfair to that company and unfair to the purpose of the 510(k) approval proc- I talked earlier about the biopsy, the the people who work there. ess, the nature of the tests that are in- testing device developed by U.S. Sur- Mr. President, I urge our colleagues volved in approving the devices that gical. U.S. Surgical received approval when considering this amendment—and are substantially equivalent, and the from the FDA for a breast biopsy nee- again I respect entirely the motiva- technicalities that are involved in this dle to be used for diagnostic purposes tions behind it; certainly all of us want that I know not a lot of Members have only, diagnostic purposes only. After to see the safest possible devices on the had the opportunity to focus on or the product was approved and on the market, but we also want to see a proc- really even the necessity of focusing market, the FDA asked for more infor- ess that will allow the products to get on. mation about the efficacy and the safe- to that marketplace and serve the peo- The point the Senator makes about ty of the device for taking adequate bi- ple they are designed to serve. If we are the fact that the work of the com- opsy samples—an appropriate request. talking about something new, the tests mittee over 21⁄2 years has been careful U.S. Surgical supplied the information, are different, and they should be. If it and thoroughly undertaken in a way and the second approval for the prod- is substantially equivalent to a device that is designed to provide the very uct was given by the FDA. At no time already out there, we have made the best of protection for the consumer, was the device marketed for another collective determination 20 years ago the very best of safety and effective- purpose. At no time was the device that the test ought to be different. ness so that the drugs and devices that marketed for any other purpose than When you go beyond that, in effect, if are approved by FDA are devices and for diagnostic purposes. you are trying to take a lower risk de- drugs that we can have confidence in. I come back to the section, the vice and apply it to a standard that ex- No one on the committee is attempt- 510(k), the lower risk medical devices. ists to a higher risk device you are de- ing to undermine the essential function Two tests—the subjective test of in- feating the very purpose for which and the essential purpose of the Food tended use based on the label; and the 510(k) exists. and Drug Administration. We want a second test on the technological ques- With all due respect to my colleague dynamic, vibrant, effective agency in tions, which is an objective test. Had from Rhode Island, I urge this amend- this country that tests the safety and the manufacturer said on its label or in ment be defeated. In my view, the re- effectiveness of devices and drugs be- its information or its marketing pack- sponses here are not arguing this provi- fore they are brought to the market. ages, ‘‘By the way, this will be a good sion on its merits. Instead, we are Now, no process is ever going to be diagnostic device and it may just work hearing language that I don’t think re- perfect. There will be mistakes. But we in terms of dealing with the tumor,’’ flects exactly what the situation is, want to ensure that this agency has you have immediately violated the what the facts are. While appealing on the very best of what it needs to ac- first test because your intended pur- the surface, because some horrible complish that essential purpose. What pose is other than what you are seek- cases have been cited as I pointed out, we don’t want, and what we are at- ing approval. But that is a subjective in every single instance in those cases tempting to do with this reform bill is case. That is the way this works. it was not a debate about whether or to have a situation continue where the If you want to scrap 510(k) and put not the manufacturer was producing a approval process cannot even begin to everything on the same footing, why product for one purpose and used for meet the requirements that the agency don’t we have an amendment that does another. In every single case those de- thinks are appropriate and that we that? I don’t hear anyone suggesting vices failed the second test of 510(k), have dictated by law, by statute. that. We are trying to get these devices not the first test of the intended pur- Numerous examples have been cited out where there is a predicate; that is, pose. here on the floor, whether it is for there has been a product already ap- By definition, the process of deter- drugs, or devices, or even other prod- proved, which is substantially equiva- mining substantial equivalence, a label ucts that the FDA reviews, of uncon- lent, substantially equivalent, to the is neither true nor false. It is the same scionable delays, of unnecessary device seeking approval. I urge my col- as the predicate. If it is not the same delays, of letters being lost, of material leagues to remember that when you are as the predicate, then it does not pass that has been misplaced, of the inabil- considering how to vote on this. This is the first test. In effect, trying to ity of FDA to have the personnel, the

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9744 CONGRESSIONAL RECORD — SENATE September 23, 1997 manpower, the computer power, the ad- items that need to be covered and need acceptable compromise was reached. ministrative procedures in place that to be discussed. This isn’t even on the Then, all of a sudden, this provision, provides for effective, efficient ap- list. We went over these amendments. 404(b), the language offered by the Sen- proval. It is all of this that has led to All of a sudden, when at one point, the ator from Minnesota, Senator a number of suggested reforms of FDA. only thing left, to our knowledge, was WELLSTONE, and accepted by the com- And one, which has been working very a resolution of the cosmetic portion of mittee as part of the bill, without ob- successfully is the PDUFA, Prescrip- the bill, which was resolved, all of a jection, all of a sudden this now be- tion Drug User Fee Act, where the drug sudden this then pops up. So you have comes the bill stopper, the killer lan- companies themselves put money into to question what is going on here. guage, the language that is going to de- a fund that allows the FDA to hire in- We have a bipartisan coalition, peo- stroy the FDA and place 260 million dividuals and to purchase equipment ple from liberal, conservative, and in- Americans in jeopardy of their life and and speed up the approval of life-saving between perspectives, politically— their health. and health-improving drugs to the Democrats, Republicans, people who I think Senator DODD very effectively market. That has worked. We want worked on the committee, delved into outlined why the examples used were that to continue. We are up against a the issues and worked to ensure that not relevant examples. They are tragic deadline on that. Funding for that runs we have the very best bill possible. Yet, examples. We all regret that they hap- out on September 30, the end of the fis- we meet delay after delay after delay pened. But they have nothing to do cal year. We have been pressing hard and obstruction after obstruction after with the language that we are talking now for several months—in fact, all obstruction. So I think it is important about. They have nothing to do with year—to try to move this process for- not just to look at the specifics of the the amendment offered by the Senator ward so we don’t run up against this amendment, but to ask the question: from Rhode Island. And so let’s keep deadline. Yet, we have encountered What else is going on? What is the true that in mind as we move forward here delay after delay after delay because of intent here? Is it to undo FDA reform? in this torturous process of getting a disputes about very small portions of a Is it to block any reform? Here we are bill passed through the Senate that has 200-plus page bill, carefully undertaken up against this deadline for PDUFA, been substantially delayed because of by the committee over a 21⁄2 year pe- and I think it is important that Mem- procedural practices, which enjoy no riod. bers keep all that in mind. support from this body. We have had This is not a partisan issue, as Mem- I was going to go through the tech- two votes. I think the opponents of the bers who have been engaged in this un- nicalities of the 510(k) process, but legislation got five votes on the first derstand. The Senator from Con- Senator DODD did a marvelous job ex- try and four votes on the second try. necticut; the Senator from Minnesota, plaining it. As he said, it’s the lower The other 95 of us, or 96, depending on Senator WELLSTONE; the Senator from risk devices. We are attempting to find how you count it, are still here at- Iowa, Senator HARKIN; the Senator a way in which we can efficiently expe- tempting to move forward. from Maryland, Senator MIKULSKI, dite the approval of devices that are Now, we have the good fortune of have joined with the majority, Senator designed for the same purpose, which, having Dr. FRIST—Dr./Senator FRIST— JEFFORDS and others on the com- in the FDA language, are substantially on our committee. For those of us who mittee, to produce a very, very sub- equivalent, and give those devices the don’t have the medical training and ex- stantial majority in support of the opportunity to come to market with- pertise to fully understand all of this, original bill, a 14 to 4 margin. Since out having to go through the same we frequently—in fact, every oppor- then, some of the concerns of those lengthy, costly approval process that tunity we have on medical questions— four have been addressed in ways that the original device—the device called turn to Dr. FRIST for the expert’s view. the vote margin and support for the the predicate device—is subject to. I think it is a phenomenal addition to bill has even increased. There were 30- Sometimes that takes months; often it the Senate that we have this capability some concessions, which I held up a list takes years for that original device to available to us. He will be commenting of on the floor last week—more than 30 accomplish a specific purpose to be ap- on this and, frankly, I put a great deal such negotiations and concessions with proved. Once that is approved, there of reliance on his judgment. Some of us those who had continuing concerns are others that can market and make could be reading this the wrong way, about the bill. devices that are roughly equivalent— could be not understanding certain as- So it is not a matter of saying: we not roughly, substantially equivalent pects of the process. We represent com- won, 14 to 4, and this is the bill, take it to that. If the FDA determines that it panies that make these devices. We or leave it. We are open to producing is substantially equivalent under their hear their side of the story and it cer- the very best bill that we can, and we review procedures, then that device can tainly sounds reasonable, and we try to think we have. We have been open to be approved. make sure there is a proper balance be- negotiation. But every time we have As Senator DODD has said, however, tween the need to bring products to met an objection, something new pops that is only one part of the test. The market quickly and a need to make up. It is ironic that in the committee other part of the test is that if there is sure they are safe and effective. So we the amendment we have been talking a technological difference that raises turn to people like Dr. FRIST to give us about here, the amendment that Sen- safety and effectiveness concerns, FDA the expert view in terms of what we are ator KENNEDY has been debating at can say, ‘‘not substantially equiva- doing. length, the reason for the filibuster lent.’’ You have to go through the I know I have used my time here. I that has gone on, is over language that process. FDA retains that authority. will have more to say about that, as I wasn’t even brought up in committee. Nothing in this bill changes that au- think we have considerable time left If this was such an important, egre- thority. Nothing in this bill alters one under the cloture procedures here. gious omission on the part of the com- iota of that authority. Every example At this point, I yield the floor. mittee, how come an amendment raised by the Senator from Massachu- Mr. LIEBERMAN. Mr. President, I wasn’t offered in the committee to de- setts ignored totally and failed to ac- rise to address Senator REED’s amend- bate it or to discuss it or to change it? knowledge that the second part of the ment to S. 830, the FDA reform bill. The language that we are talking test gives FDA the authority that they The proponents of the amendment have about here was proposed by Senator said FDA doesn’t have. failed to distinguish between devices WELLSTONE—hardly someone who is So that’s what is at issue here. It is that are substantially equivalent to de- viewed as being anticonsumer or some- an issue that doesn’t have to be here. It vices the FDA has approved and de- one viewed as trying to open a loophole is an issue that we don’t need to be vices for which no predicate exists. so that the health and safety of Ameri- talking about. No one raised it in com- That distinction is central to the regu- cans is jeopardized. In the negotiations mittee. No one raised it in negotiations latory scheme for device approval. and discussions, postcommittee mark- postcommittee. No one indicated that Most medical devices brought to the up, this wasn’t on the list. I have in my this was a bill stopper. The last indica- market represent a small incremental hand the memo from the Labor Com- tion of a bill stopper was the cosmetic change. Around 95% of medical device mittee, from David Nexon, suggesting concern, which was negotiated and an approvals granted by the FDA involve

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9745 devices that are substantially equiva- In granting approval to U.S. Sur- marketing of mislabeled products in- lent to a device already approved by gical, the FDA applied the two statu- cluding administrative detention and the agency. tory tests of substantial equivalence. seizure, criminal and civil penalties, Most devices are not breakthroughs. First, the device was shown to have injunction, mandatory consumer and They are not devices with bold new ‘‘the same intended use as the predi- physician mandatory notifications, uses. They do not represent a sharp de- cate device’’ and second, ‘‘the same mandatory recall, and adverse agency parture in medical science. They are technological characteristics as the publicity. devices with a foundation of testing, predicate device’’. For example, FDA can administra- experience in the field, and most im- Some Members have mistakenly tively detain devices that are mis- portant, devices with a foundation in stated that U.S. Surgical has marketed branded based on FDA’s unilateral de- previous FDA approval. the device to remove breast cancer tu- termination that a detention is appro- Policies and regulations that are ap- mors, but the Members are in error. priated, and can last up to 30 days to propriate for devices without a predi- A degree of technological variation is permit the agency an opportunity to cate are not appropriate where devices permissible and specifically envisioned either perfect a civil seizure through are substantially equivalent to a device in the statute. Where the device has the courts or obtain injunctive relief. that has already received the FDA different technological characteristics, Into the middle of this, the Reed stamp of approval. If each new device it can still be approved under 510(K) if amendment would throw a major represented such a break with the past, the manufacturer submits change. The amendment does not state it would be sensible to fully reexamine * * * information, including clinical data if grounds or procedures by which the safety and efficacy every time FDA deemed necessary by the Secretary, that FDA would determine that the pro- was asked to grant approval. demonstrates that the device is as safe and posed labeling was ‘‘false’’ or ‘‘mis- But in a world of small changes, this effective as a legally marketed device, and leading’’. The evidentiary basis by unwarranted bureaucratic impediment does not raise different questions of safety which the FDA will impute the manu- and efficacy than the predicate device. would strangle progress, limit the ben- facturers intent is unknown, as is the efits available to the public from tech- ABBI uses a larger cannula than pre- frequency of off-label uses that spurs nological advances, and yield little if viously approved biopsy needles. The additional FDA requirements or the any public health benefit. wide cannula allows the physician to adequacy of additional clinical trials To capture the public health benefits extract a broader sample of breast tis- necessary to satisfy their concerns. If of small incremental change, such de- sue. The wide cross section allows more the amendment passes, manufacturers vices are approved by the FDA under accurate diagnosis of breast lesions have to be prepared to conduct trials of special procedures called the 510(K) ap- that appear in the x-ray as clusters of safety and efficacy for uses they are proval process. The critical test ap- tiny particles rather than discrete not seeking. Furthermore, the addi- plied by the FDA in approving the de- nodes. tional requirements only apply to the vice is demonstrating that the device is U.S. Surgical’s product insert states unapproved device—not to the predi- substantially equivalent to a device in boxed, large type ‘‘The ABBI* sys- cate device previously approved by the that has already been approved by the tem is to be used ONLY for diagnostic FDA. agency. The test of substantial equiva- breast biopsy; it is NOT a therapeutic The 510(K) process is intended to pro- lence is a flexible definition that in- device.’’ Its patient pamphlet on the vide an expedited basis for bringing cludes both products that are identical device discusses biopsy uses to the ex- new versions of previously approved to previously approved devices, and clusion of any other potential use. products to the market. It employs rel- those with a certain degree of techno- In the ABBI example, the FDA re- atively simple and easy to apply tests logical change. quested clinical data from U.S. Sur- of substantial equivalence. The tests In contrast, where the new device gical about impact of the new tech- are straight forward and predictable in represents a major advance and is used nology, broader cannula. U.S. Surgical their application. We should continue in supporting life or avoiding substan- submitted the data on September 23, to protect this path of technological tial impairment of health, the FDA 1996 and the FDA updated the 510(K). innovation. The FDA has ample power uses entirely different tests before ap- The sponsors of the amendment state to prevent mislabeled products from proving the device. These break- that manufacturers have an incentive endangering the public health. If the through devices undergo extensive to seek approval based on false and amendment passes, many innovative safety and effectiveness trials before misleading statements of intended devices will not be available to con- marketing. They require extensive pre- uses. Under the 510 (K) approval proc- sumers and the public health will suf- market review because the FDA has no ess, the device must have the ‘‘same in- fer. assurance the new device is safe and ef- tended use as the predicate device’’ but Mr. KENNEDY addressed the Chair. fective based on studies of a previous the amendment sponsors state that The PRESIDING OFFICER. The Sen- device, field experience, or FDA ap- manufacturers are able to undercut ator from Massachusetts. proval. this test. The amendment sponsors Mr. KENNEDY. Mr. President, I Approving substantially equivalent suggest that the FDA be allowed to es- would like to just respond briefly to products expeditiously allows the FDA tablish a new intent test for 510(K) ap- some of the points that have been made to concentrate its resources on those provals that allows the FDA to impute and then to get into the substance of devices that involve new technologies new uses, demand new safety and effi- the argument. I want to reiterate the or uses rather than waste time and cacy tests, and ignore the manufactur- importance of this particular provi- staff conducting full-blown reviews of ers intended uses. sion. There are those who are trying to the equivalent device again and again First, I would point out that U.S. dismiss it as a relatively unimportant and again. Surgical specifically responded to the part of this legislation, and saying that In the example we have heard so FDA’s concerns by adding new labeling we really didn’t bring this issue to the much about over the last few days, to its device clearly stating that the attention of the committee until the U.S. Surgical Corp.—which is device was to be used ‘‘only for diag- final hours, therefore, we could not headquartered in my State—submitted nostic breast biopsy’’. have been serious about it. Of course, an application for approval of an ad- Second, the FDA already has ample this is completely untrue. vanced breast biopsy instrumentation power to confront potential problems I won’t take the time to put in the device in October 5, 1995. The applica- in labeling. For example, they sent a RECORD the agenda for June 17 where tion was granted by the FDA on Feb- warning letter to the U.S. Surgical this was listed in ‘‘items under discus- ruary 1, 1996. The FDA based their ap- Corp., on June 3, 1996, regarding label- sion’’ on section 4 of the labeling proval on substantial equivalence in ing and advertising claims made for claims. This was exactly the matter design, materials, methods of use, and the ABBI. The warning letter lead to that was brought up in the markup in intended use to biopsy needles the FDA the modifications in labeling and re- June. It was identified by the Sec- had previously approved. Since that submission of the 510(K) application. retary of HHS in the June 11 letter to date the ABBI device has been used in Finally, the FDA has a host of crimi- the committee. It was repeated on Sep- over 7,000 cases worldwide. nal and civil penalties to prevent the tember 5. Secretary Shalala identified

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9746 CONGRESSIONAL RECORD — SENATE September 23, 1997 the very few items that she would rec- vices—the relatively low risk devices. It is being marketed out there today. ommend that the President veto this There has been the suggestion here on This is what we are talking about. legislation about. She listed the envi- the floor of the Senate that these are That is the issue. When colleagues get ronmental issue, the elimination of the virtually low-risk devices. up and say, ‘‘Well, it has not been, and environmental impact statement. An- These are some of the devices: Ven- it won’t be, and that is wrong if it is?’’ other one was a technical amendment tilators. Low-risk? Who has not been in I say, ‘‘It is being done.’’ And that is dealing with PDUFA. A third item was the hospital with a member of their exactly the problem that we are at- the cosmetic provisions. But this is the family and hasn’t understood the im- tempting to address. provision that was identified by the portance of making sure that ventila- Mr. President, this is an enormously principal protector of the American tors are going to perform as they are significant and important health issue. people’s health as the most important labeled? This body has taken many actions on provision in terms of adverse effects to You have digital mammography with medical devices since the mid-1970’s to public health, this provision. Let’s un- possibilities of missing tumors in enhance public health the protections derstand that right from the beginning. women with breast cancer. We want to since the mid-1970’s that enhanced pro- I know that my colleagues say, well, make sure that these devices are going tections for public health. This provi- there are only a couple of Members of to be safe and do what they are rep- sion which will create a loophole this body that are really concerned resented and designed to do—not just through which unscrupulous manufac- about this particular provision. Well, it what is listed on the label. turers of a medical device will be able is interesting that, time in and time You have the fetal cardiac monitors to drive a truck is the exception to out, the No. 1 person in the administra- that monitor infants. that commendable history. This provi- tion that has the principal responsibil- I saw them working yesterday in sion will make a mockery of the sub- ities for protecting the American Springfield at the Bay State Fetal Cen- stantial equivalence requirement, and health has said this is it, this is the ter in one of the greatest neonatal cen- will allow irresponsible companies to provision. With all due respect to those ters in this country. go out, as this company has, and adver- Do you want to take a chance on who say this is a low-risk issue that tise and represent a particular product fetal cardiac monitors? Or on surgical doesn’t matter, that this is a technical for a purpose and use that differs from lasers? question and we should just get the one they put on the label. through this business and get on with The list goes on—these are class II devices, low risk. We are not talking Mr. President, it was interesting that the vote, these arguments should be some of our colleagues addressing the disregarded, because this is an enor- about tongue depressors. We are not talking about bedpans. We are talking Reed amendment pointed out that mously important issue. It was raised there are two ways of approving the during the course of the markup back about the kinds of items where we need to make sure they are going to be safe medical device. Only about 5 percent in June, and identified by the Sec- medical devices use this particular pro- retary of HHS during the course of the and effective. That is why these organi- zations whose job it is to protect the vision, the premarket approval. That summer. Many people were briefed by provision says, ‘‘In making the deter- the Secretary indicating her priorities public are concerned. With all respect to my colleague and mination whether to approve or deny and this was right out there. It is in * * * the Secretary shall rely on the the papers submitted by her in Sep- friend from Connecticut, who I heard state three times that these products, conditions of use included in the pro- tember as being the primary technical posed labeling as the basis for deter- concern in regard to safety for the which have not been approved for safe- ty and effectiveness for the uses for mining whether or not there is a rea- American people. That might not make sonable assurance of safety and effec- a difference to some Senators but it which they are being advertised, are not being mislabeled. And that we tiveness, if the proposed labeling is nei- ought to make a difference to the ther false nor misleading. In deter- American people. And it is not just the shouldn’t dispute or cast aspersions on the good, legitimate name of the U.S. mining whether or not such labeling is Secretary who is concerned about this false or misleading, the Secretary shall provision. We have virtually every sin- Surgical Corp. Mr. President, I have right here the fairly evaluate all the material facts gle group of health professionals pertinent to the proposed labeling.’’ charged with protecting the con- letter from Dr. Monica Morrow, pro- Mr. President, I daresay that there is sumers’ interests have expressed con- fessor of surgery at Northwestern Uni- probably a less compelling reason to cern about this issue—the President of versity School of Law, dated Sep- use the proposed labeling as ‘‘neither the United States, the Secretary of tember 22. false nor misleading’’ in this provision HHS, the Consumer Federation, the Dear Senator KENNEDY: I am writing you to express my feelings re- because you are going to have such a National Women’s Health Network, the garding the importance of the FDA’s man- survey in an oversight for new mate- National Order for Rare Disorders. Who date to evaluate behind the scene use of de- rials as it is in the other provision. are these groups and individuals? They vices and drugs. The need for such evalua- What the proposal that is before us are the very people that benefit from tion is clearly exemplified by the marketing innovations in medical devices. They strategy of U.S. Surgical’s breast biopsy de- now, the one that is for 95 percent of are the people whose lives are en- vice. This device was approved as a diag- all devices, says is, ‘‘* * * the deter- hanced. They are ones who are saying, nostic instrument. However, the company mination of the Secretary under this ‘‘No, don’t do this. Support the Reed video clearly depicts the use of the device for subsection * * * with respect to the in- definitive breast cancer therapy with no tended use shall be based on the in- amendment.’’ clinical trial using the accepted technology I am glad to listen to my colleagues. tended use included in the proposed la- for comparing cancer treatments that have beling.’’ I am interested in the number of people been conducted to evaluate this claim, and employed by these companies. I am in- without such trials the device could poten- I would like to point out to those terested in what a great job a company tially pose a significant risk to patients. that have suggested here on the floor does. I am interested in the opinion of In addition, other claims regarding ap- that the intended use is a subjective some of our colleagues who say, ‘‘Well, proved cosmetic outcome and patient accept- decision to be made by the FDA, that this really isn’t such an important ance are similarly unsubstantiated. The indi- isn’t what the legislation says. It says, cation for use of the devices and drugs measure because there are only a few ‘‘* * * the determination of the Sec- should be determined by appropriate clinical retary under this * * * section with re- people out there who oppose it.’’ and scientific data, and not by their appeal Go down the list of the organizations as a marketing gimmick. This video was spect to the’’ * * * device ‘‘* * * shall that are out there protecting the peo- dropped off at my office by a company rep- be based on the intended use included ple that will benefit most from resentative as part of an effort to interest in the * * * labeling.’’ progress in these areas, and they say, me in purchasing the company equipment. Who makes up the labeling? The ‘‘Don’t do this. Support the Reed I have it right here. For people who manufacturer has the labeling ‘‘sub- amendment.’’ Do they make the judg- doubt it, take a minute and watch the mitted a report under this section.’’ ment that this is not important just video. Read the letter. Call Dr. Mor- The only thing the amendment of because it deals only with class II de- row. Senator REED is proposing is that the

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9747 FDA be restricted to looking solely at I cannot imagine why the company ards and challenges faced by the people the labeled use only in instances where failed to give the full information on who have used it. ‘‘* * * the proposed labeling is neither that. But, nonetheless, that is what is Are we here today saying we don’t false nor misleading.’’ happening. want to include language in this bill How can anyone be opposed to that? Mr. President, I listened with inter- that will allow the FDA to be able to We have just seen the example of the est to many of our colleagues talking look at safety of medical devices if approval of a biopsy needle for one par- about how there really are no dangers they find the labeling is false and mis- ticular purpose—taking the biopsy. in terms of medical devices, that my leading? We have offered five different Then we find that this similar machine examples are not really what this issue compromises to work this out. It is the is represented as being for the purpose is all about. They are mistaken. No. 1 concern of the Secretary of of biopsies, here it is in their advertise- We are committed to ensuring that Health and Human Services, the No. 1 ment—the latest technique in mini- these kinds of circumstances will not concern by the FDA. I have listened mally evasive breast biopsy. This de- occur in the future. That is why we are here in the Chamber, to those who op- vice takes 50 times the amount of ma- out here. We don’t have to go through pose this amendment who say the FDA terial as the other one. Here it is being another incidence similar to the has all the authority in the world to advertised in Canada. Here it is being Dalkon shield where 18 women died protect the public. I have quotes here advertised in the United States—not from a perforated uterus and 2,700 from Senators who have said, in effect, for use in biopsies but to remove the women suffered miscarriages. We don’t that we should not be bothered by this tumor itself. And there is no informa- want to go through another episode because the FDA has all the power it tion available to the Food and Drug like the Shiley heart valve one where a needs and that this is really not a prob- Administration about how good or safe change in the angle of the valve would lem. the device is for that use. Maybe it have changed the way the device I was tempted to take the language does work. We are not here to say it interacted with the heart raised ques- of their quotes and offer it as an doesn’t work. We just want the com- tions as to its safety. The FDA discov- amendment because their description pany to have to provide the informa- ered this and refused to let it go to of the FDA is not what the law is and tion that says it does work. If that is market in the United States. But the will be if this legislation is passed. We what you are going to use it for, why modified device was marketed in Eu- would have taken the kinds of protec- should the Food and Drug Administra- rope and 15 times the number of people tions that were implied by their tion, which has the responsibility of died using the new device over the ear- quotes. Where they say, look, they protecting Americans, be limited by lier one. With all respect to those who have the real right to go behind if they the language of this particular legisla- say how much better the system is in think there is some kind of question in tion that says you can only look at other countries—15 times the deaths. terms of safety. what is on the label? When, at the And the whole toxic shock issue that The FDA would not have that au- same time, they have letters from doc- we raised and its impact on American thority under this bill as written. But tors and they have videotapes that women. if it is your understanding and that is show it is being used for an entirely What we are pointing out is that what you want, let’s take an amend- different purpose. there are dangers that can take place ment and ensure that they do. That is the issue. The Reed amend- in our country, that affect our people, But we do not have that opportunity. ment says, OK, we are willing to only when you start fiddling around with We are faced with the real possibility look at the use on the label, but let’s safety and effectiveness and medical for a situation where the FDA does not just make sure that we are not going devices. believe it has the power and the au- to encourage false and misleading la- That is the issue. thority to protect the American con- beling. There are those who say, ‘‘Look. We sumer. The FDA does not believe it has Is the Senate of the United States have a little loophole. But it really authority. If they know that the pre- going to say to the FDA that if even if isn’t quite the same as it is with some dominant use is going to be other than they know that the labeling is false of these other terrible kinds of situa- that which is listed on the label and and misleading that they should be tions.’’ which could provide a substantial prevented from protecting the Amer- We have given the illustration of the threat to the American people, the ican public? kinds of challenges that are out there That is what you are going to do if FDA will not have the power or the au- today. you do not accept the Reed amend- thority to protect the American public. There are the laser technologies, cut- ment. That is what this debate is Members of Congress can come out ting tissue laser technologies, where about. It is as simple as that. here and say, ‘‘Oh, yes, they do.’’ I have Here we have this extraordinary ex- you have submitted to the FDA a laser listened to that argument. ‘‘Oh, I don’t ample, where you have a biopsy ma- that, everyone who has really looked know why everyone is getting so chine that is supposed to take a biopsy at it agrees, is going to be used for worked up about it. You know, they about the size of the lead in that pencil prostate surgery. But there is virtually really do have the authority.’’ versus something that takes 50 times no information as to the safety and ef- They do not have it. The FDA itself the amount and the purposes for it is fectiveness of that particular medical states they do not. They have testified intended to be used are quite different, device for that use—none. That is what they do not. The President does not be- as mentioned here in the letter which happens. lieve it. The Secretary of HHS does not says, ‘‘I am expressing my feelings There are the various digital mam- believe it. The consumer groups do not * * * the importance of the FDA man- mography devices that may be very believe it. National Women’s Health date.’’ good for obtaining diagnostic informa- Network does not believe it, the Con- ‘‘The video was dropped off at my of- tion and evaluating a particular tumor sumer Federation, the Patients Coali- fice’’ with the interest of purchasing but may be questionable for screening tion. the equipment. purposes. Questionable as to there ef- We have had this discussion and de- When the FDA became aware that fectiveness in allowing women to know bate for a number of days. We believe the company was promoting the device whether they are going to have the we are finally getting through. But for this unauthorized purpose, it also first indications of a small tumor. where are all the consumer calls say- became aware that it had made a mis- Don’t we want to be sure that this isn’t ing, ‘‘Look, let’s go with what is pro- take in clearing a device that was what it is going to be used for? Don’t posed in the legislation. We have read clearly designed for a purpose not stat- we know what they are out there mar- the record. We have looked at the law. ed on the labeling—tumor removal for keting this for and how well it per- We believe the FDA is out there and clinical testing. The FDA then acted to forms? can protect the American public. I require the company to include a We have just seen in the period of the don’t know what everybody is getting strong label that the device was only last 5 days, the example of the terrible worked up about.’’ to be used for tissue sampling; not events concerning the off-label use of But we aren’t getting those calls be- tumor excision. the drug fen/phen—and the health haz- cause virtually every consumer group

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9748 CONGRESSIONAL RECORD — SENATE September 23, 1997 that has looked at this issue, has dis- ters on this that say, ‘‘The indications I say that that is a promotional doc- covered that the language in the bill for the use of devices. . . it should be ument. I would suggest the Senator will not provide adequate protection determined by appropriate— watch it before he represents that it is for consumers. This video was dropped off in my office by not. It has the U.S. Surgical logo on it. National Women’s Health Network: a company representative— We have the doctors who claim this is ‘‘Women need the FDA to act as a safe- Company representative— the case. The FDA has been going after ty sieve screening out drugs and de- as part of an effort to interest me in pur- U.S. Surgical. vices that are hazardous and defective. chasing this equipment. That is another issue. It is an impor- If 404 is enacted, a device manufacturer Now, there may be other informa- tant issue. FDA ought to be concerned could label its product for a very sim- tion. I am glad to have it included in about it, and they are. But that doesn’t ple use. The FDA would be limited to the RECORD but I find this convincing. get away from what the FDA may not ask for safety and effectiveness for Mr. DODD. If my colleague will yield. be able to do sometime in the future. that use only.’’ This company is not engaged in pro- They won’t be able to do it in the fu- The groups understand this issue, and moting unapproved uses for this biopsy ture, because all the FDA will have the they are concerned. ‘‘Even if it were needle. And U.S. Surgical categorically power to do is look at what is on the clear from the device’s technical char- denies any association with any mate- label. acteristics that it might be used for rials produced by others where this Mr. COATS. Will the Senator yield? other more riskier purposes.’’ might have occurred. The FDA has ap- Mr. KENNEDY. No. I would like to That is the biopsy needle. You have a proved the breast biopsy needle. The just finish my presentation on this needle that is 50 times larger than is FDA has approved it twice, in fact, part here, and then I will be glad to necessary for a biopsy and you have only for breast biopsies. Accordingly, yield. the clear evidence from doctors, both U.S. Surgical does not promote the de- Mr. COATS. If the Senator will in this country and abroad, who have vice or market the device for tumor re- yield—— Mr. KENNEDY. That is just the part seen the videotape that the company is moval. It is aware now that articles I am going to mention. out there marketing it for a different and videos do exist which discuss other Let me quote some extracts because use. We have it right here—a slick pro- uses of the devices. It is very common, that is the issue that is before us—the motion for this particular issue. All we and completely legal, for physicians to extracts of the promotion. This is the are saying is if the FDA is able to show explore other possible uses of both promotion that some do not think is that the labeling is false and mis- drugs and devices as part of the prac- being promoted by U.S. Surgical, even leading, they can look at safety. tice of medicine. But the suggestion though its logo is on it, even though Mr. DODD. Will my colleague yield somehow that the company is now ac- doctors have said it is being distributed on that point? tively promoting this device for some- by company representatives. Mr. KENNEDY. I yield, sure. thing other than diagnostic purposes, This is the quote: Mr. DODD. I would respectfully sug- with all due respect, is just not true. U.S. Surgical is entering a new millennium gest to my colleague that U.S. Surgical And the question that we should be in breast surgery by combining advanced is not marketing a video that promotes asking here—a very important ques- stereotactic technology with minimal an unapproved use for this device. Now, tion—is, if this obviously illegal prac- invasive surgery. there are clinicians out there who have tice is occurring, if U.S. Surgical is ac- Not biopsy, surgery. put out videos and other educational tively promoting this product for an Unlike needle biopsies where small sam- materials on medical practice issues. off-label use, why hasn’t the FDA gone ples of the lesion are removed for patholog- U.S. Surgical is aware of that. It can after the company? Now, clearly, if it ical analysis, U.S. Surgical removes the en- happen. But the implication that U.S. were true, the FDA, with all the force tire specimen. Surgical is now actively promoting un- of law would go out and pursue them That sounds like an operation to me. approved uses is not true. vehemently. Promotion of a device for If the specimen proves to be cancerous but Mr. KENNEDY. Has the Senator seen unapproved uses is one of the most pathology reports the entire margin is clear, this video? egregious violations a company can its up to the clinical judgment of the sur- Mr. DODD. No, I have not, but I am commit. Surely if this were the case, geon to decide to remove the additional tis- told categorically that U.S. Surgical is and evidence of it were so readily sue, or if the procedure can be considered complete. not promoting or marketing this de- available, FDA would have acted. But vice other than for breast biopsies. there has been no FDA action, because Translated, if you use this device and Mr. KENNEDY. I suggest the Senator there has been no violation. And to you take out the tumor, then it is the take the time to see it because when suggest otherwise is irresponsible. doctor who removes the tumor who you turn it on, the first thing that you I mentioned earlier, if my colleague makes the judgment whether he has to are going to see is the U.S. Surgical will continue to yield, that U.S. Sur- do any other surgery. That is not a bi- logo on it. I don’t see how you can say gical has promoted this device for the opsy needle. It continues. that it is not being promoted or ad- purpose for which it was approved—to The U.S. Surgical system allows the sur- vanced or whatever if that is exactly give women and their surgeons a useful geon to provide the benefits of the mini- what you will see. I would suggest to option in conducting breast biopsies. mally invasive technique to breast surgery. the Senator, if you are saying that Benefits to the patients include reduced There are good medical reasons that a physical and emotional trauma as a woman those of us who have represented that larger size biopsy might need to be undergoes only one versus two procedures. it is being promoted for other uses— taken. In conducting biopsies you do Minimal invasive breast surgery, a new and we have the doctors’ letters and we can not always get a reliable tissue standard of patient care offered only by have this video, which you haven’t sample just with a small needle—some United States Surgical Corporation. seen—I would think that perhaps you tumors are just too diffuse. Evidence I rest my case on that, Mr. President, ought to check again with U.S. Sur- shows that, with some types of tumors, about advertising and promotion. I rest gical and find out what they are doing. taking a larger biopsy gives the sur- my case on exactly the words of that We have just seen it. geon a far better chance of determining promotion. ‘‘Minimal invasive breast Mr. DODD. Will my colleague yield? the quality of the tumor accurately surgery, a new standard of patient care Mr. KENNEDY. I will yield in a sec- without the need to take multiple, offered only by United States Surgical ond. We have just seen what the med- painful biopsies. Corporation.’’ ical companies were doing with fen/ That is why this device was devel- If there are Members in this body phen. They weren’t promoting it. All oped. And as women who have been who want to say U.S. Surgical is not they were doing was paying the doctors through this will tell you, it is impor- promoting it, that they are not associ- thousands and thousands of dollars to tant to have this device as an option ated with it, that they don’t know any- go out and promote it. When we look at for taking an accurate and safe breast thing about it, I suggest that they this promotion, it has ‘‘U.S. Surgical’’ biopsy. watch this videotape. on it, and it is a U.S. Surgical medical Mr. KENNEDY. Mr. President, I Now, Mr. President, I want to just device—and we have the doctors’ let- would like to regain my time. come back to—how much time remains

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9749 because I know there are others who There being no objection, the letter withdrawal of this product from the market wish to speak. was ordered to be printed in the without appropriate cause. The PRESIDING OFFICER. The Sen- RECORD, as follows: The ABBI technology, jointly developed and marketed by both companies, is today in ator has used 33 minutes and 30 sec- THERMO ELECTRON, onds. the marketplace, and as a result of its suc- Waltham, MA, October 8, 1996. cess, represents a fast-growing opportunity Mr. KENNEDY. I yield at this point Hon. EDWARD M. KENNEDY, for Thermo Electron’s Trex Medical Corpora- now. I would like to go on to just some U.S. Senate, Russell Senate Office Building, tion subsidiary and our Connecticut part- other remarks. Washington, DC. ners, U.S. Surgical. The technology is a non- Mr. COATS. Just briefly. Senator DEAR TED: I want to thank you personally invasive, cost-effective alternative to sur- DODD asked the question, if this is such for the guidance and assistance provided by gery. In over 500 cases in which it has been an egregious violation of FDA policy, your staff to our representatives, and those utilized, there has not been a single com- of U.S. Surgical Corporation, in our efforts plaint. Indeed, because it does represent a why hasn’t FDA acted on it? Why has to deal with the Food and Drug Administra- it not acted? significant advance in women’s health care, tion on the matter of the certification of the it is fast becoming the treatment of choice. Mr. KENNEDY. They have. As I un- Advanced Breast Biopsy Instrumentation derstand, they have requested the addi- Thermo Electron has made a significant (ABBI) system technology. Our concern, sim- investment in this technology, and with the tional information on safety and effi- ply stated, is that the FDA will call for the recent acquisition of XRE Corporation of cacy. They are demanding that kind of withdrawal of this product from the market Littleton, Massachusetts, plans to expand information now. I will be glad to pro- without appropriate cause. production of the product. Along with one The ABBI technology, jointly developed vide that. hundred new jobs, we are projecting revenue and marketed by both companies, is today in But that has as much relevancy as production in excess of $50 million. Thermo the marketplace, and as a result of its suc- Electron is proud of its responsiveness to so- yesterday’s score of the Green Bay cess, represents a fast-growing opportunity cietal needs. The ABBI technology is a step Packers. They are out there now pro- for Thermo Electron’s Trex Medical Corpora- forward in the field of women’s health care. moting this for unintended uses. I do tion subsidiary and our Connecticut part- Thank you for your interest, and please not think they should be. FDA says ners, U.S. Surgical. The technology is a non- convey my gratitude to Dr. David Nexon and invasive, cost-effective alternative to sur- they are looking into this. I will find Gerry Kavanaugh for their willing assist- gery. In over 500 cases in which it has been out and give the Senator a more de- ance. utilized, there has not been a single com- tailed description. Best regards, plaint. Indeed, because it does represent a Mr. COATS. I have a copy of a letter. GEORGE N. HARSOPOULOS, significant advance in women’s health care, The Senator was handed a letter. I was Chairman of the Board. it is fast becoming the treatment of choice. handed a letter. Thermo Electron has made a significant Mr. KENNEDY. Obviously, if it is a The letter was addressed to Senator investment in this technology, and with the biopsy needle and it was intended to do KENNEDY thanking him personally for recent acquisition of XRE Corporation of that, I had no idea they were out there the assistance that he provided, for the Littleton, Massachusetts, plans to expand promoting, as they have been, and rep- ‘‘assistance provided by your staff’’ to production of the product. Along with one resenting it for an entirely different U.S. Surgical ‘‘in our efforts to deal hundred new jobs, we are projecting revenue purpose. That is the issue we are talk- production in excess of $50 million. Thermo with the Food and Drug Administra- ing about here, and that is what we tion on the matter of the certification Electron is proud of its responsiveness to so- cietal needs. The ABBI technology is a step want to do. We want to make certain of the Advanced Breast Biopsy Instru- forward in the field of women’s health care. that the FDA is going to be able to mentation.’’ Thank you for your interest, and please look beyond false and misleading infor- That is what we are talking about. convey my gratitude to Dr. David Nexon and mation on devices labels. Mr. KENNEDY. Sure. Gerry Kavanaugh for their willing assist- Mr. DODD. Will my colleague yield? Mr. COATS. It says here the Senator ance. Mr. KENNEDY. I will yield in just a assisted in making sure the FDA did Best regards, moment now. not withdraw it. It specifically cites, GEORGE N. HARSOPOULOS, Mr. DODD. Just on this point, if I ‘‘Please convey my gratitude to Dr. Chairman of the Board. could, on the point of the needle. David Nexon and Gerry Kavanaugh,’’ (Mr. SESSIONS assumed the chair.) Mr. KENNEDY. On the needle? All who I believe are on the Senator’s Mr. KENNEDY. The Senator from In- right. staff, ‘‘for their willing assistance.’’ diana introduced a copy of a letter Mr. DODD. I’d like to clear up for ev- Maybe they are on the market because from a Massachusetts constituent of eryone why we are discussing the size the Senator intervened to keep it on mine dated October 8, 1996, which pur- of the needle for the biopsy. Let’s put the market. ports to thank me for the guidance and aside for a moment your question of Mr. KENNEDY. Well, Senator, I will assistance my staff provided to U.S. what the company has or hasn’t said be glad, first of all, to have it included Surgical Corp. in connection with the since we have been told that the FDA in the RECORD so the record is clear. FDA certification of the advanced has not found that they are promoting But I will say to you that, if U.S. Sur- breast biopsy instrumentation [ABBI]. the needle for tumor removal. gical was distorting and misrepre- The Senator suggested that this letter Mr. KENNEDY. If I can reclaim my senting to the American public, then I was proof that I had intervened with time, I cannot let that go by, that the think they ought to be pursued to the FDA to urge them to approve an FDA has said they are not promoting every extent of the law. That is my re- off-label use for this device. The letter it. That is not the information on it. I sponse on it. does not substantiate any such allega- cannot let the statement go by. It is I had no idea of that unfair kind of tion, and it is untrue. I ask that the your opinion that it is not promoting. consideration at that time, but clearly full text of the letter be printed in the I don’t see how you can have that opin- they have misrepresented themselves RECORD. in this instance. They practiced that There being no objection, the letter ion in the face of the fact that this vid- kind of misrepresentation on me as was ordered to be printed in the eotape has stated what it has, with this U.S. Surgical’s logo right on it. they are doing it with the American RECORD, as follows: Mr. DODD. If my colleague will yield, public. THERMO ELECTRON, Mr. COATS. Will my colleague yield? Waltham, MA, October 8, 1996. as I said earlier, if U.S. Surgical were Mr. KENNEDY. Here is their—I will Hon. EDWARD M. KENNEDY, promoting for uses beyond those on the yield briefly on this point. But I want U.S. Senate, Russell Senate Office Building, label, I think the FDA would be acting to get back to my theme. Washington, DC. on it. But let me again get to the point Mr. COATS. Apparently they con- DEAR TED: I want to thank you personally of why a larger needle is useful in some vinced your staff, Dr. Nexon, that this for the guidance and assistance provided by biopsies situations. I am not a surgeon your staff to our representatives, and those was a safe procedure and it should not or a doctor, but I am just sharing with of U.S. Surgical Corporation, in our efforts my colleagues here, and my colleague be withdrawn. to deal with the Food and Drug Administra- Mr. KENNEDY. I will be glad to take tion on the matter of the certification of the from Massachusetts, why this larger a look at the letter. Advanced Breast Biopsy Instrumentation needle may be needed. This Advanced Mr. COATS. I ask unanimous consent (ABBI) system technology. Our concern, sim- Breast Biopsy device, as it is called, the letter be printed in the RECORD. ply stated, is that the FDA will call for the does remove a larger amount of tissue

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9750 CONGRESSIONAL RECORD — SENATE September 23, 1997 than a conventional biopsy needle. tumor removal with this device. These were promoting it, and yet they had Why? Why does it need to do that? This women are entitled to adequate protec- some other group that was putting pro- difference in needle size is not related tion, to know whether that device was moting it with their logo, talking to tumor removal. Rather, it addresses safe in removing that tumor. They do about using it for an entirely different clinicians’ requirements for sampling not know that today. purpose. different types of lesions. Why do they And that is just the tip of the ice- That is the issue. This is not a very do that? berg. You know about all the other complex issue. We heard earlier about Mr. KENNEDY. If my colleague—— kinds of medical devices that can fall sifting out the chaff and moving to the Mr. DODD. I will just finish the para- within this category. We have men- substance on this. This is it. graph. Breast lesions exist not only as tioned some, like the mammography What woman in this country who is discrete nodules but oftentimes as clus- screening machines that may misdiag- facing having a tumor removed from ters of tiny particles known as micro- nose breast cancer. All this amendment her breast by a medical device believes calcifications. These microcalcifi- says is, you cannot, if you are a med- that device is a low risk device? What cations appear diffuse on an X-ray; ical device company, submit false and mother that looks over a sick child in similar to the Milky Way. That’s how misleading information. I can say it the hospital and sees a ventilator, surgeons describe it. another way, ‘‘Do you want false and thinks that ventilator is low risk? Due to this fact, obtaining adequate misleading information on the label- That is the reason that the Secretary amounts of tissue for biopsy is impor- ing?’’ If you vote against our amend- of HHS, the President of the United tant in order to optimize accurate di- ment, that is what you are going to be States, virtually every consumer agnosis, so that women don’t have to pegged with. We are going to be charac- group, every patients’ group, every go through surgery unnecessarily. This terized as not caring if labels are false group that will benefit the most by needle allows clinicians to take a larg- and misleading. this kind of innovative progress in er single sampling, rather than many, Why can’t we say we will support the terms of medical devices, are saying painful, smaller samples that could labeling as long as it is not false and don’t do this. Don’t play with our fu- perhaps miss the tumor tissue. That is misleading? That doesn’t sound like an ture health, don’t pass that provision why this product was developed. That extraordinary or revolutionary con- without this language. That is what is why it has been so supported by cept. This is basically what we are ar- they are telling us here on the floor of women and by surgeons. guing about. Those who are opposed to the U.S. Senate. My colleague from Massachusetts us say, ‘‘All right, let them provide We have been out here with five dif- can talk about videos that promote false and misleading information.’’ ferent sets of language ready to com- purposes other than this one. However, That is the other side of this argument. promise. But, they won’t compromise, if that is the case, the FDA ought to be If they are not going to go through this they have the votes. They say, ‘‘We in there this very minute. But, they kind of loophole, to promote it for have the votes. We have the profits have not acted because no violation some other reason, what do they have that are going to come from it.’’ They has occurred. to fear? will profit over their competition. Mr. KENNEDY. The Senator is not Mr. President, there are all kinds of Other hard-working, decent, ethical correct. The FDA is out there looking technologies out there that are just on medical device companies that are try- into this, and it doesn’t do much good the cusp, ready to go on ahead through ing to play by the rules, trying to get to try to cloud up the issue as to what this particular kind of loophole. You their product in—are going to think, the purported purpose of this par- have the mammography screening ma- ‘‘Why not? Why not go ahead and do it ticular medical device is. chines that have not been certified for the other way? Our competitors are Here is what is in the ad. I say again, use in screening. The manufacturers doing it and beating the pants off of I wish the Senator would look at the have not been provided information on us.’’ ad, rather than just reading the U.S. that use. We know the difficulty we I have just a few moments and I will Surgical statements on it. This is what have faced in terms of mammography be glad to yield the floor. their ad says: machinery and false negatives and The question is, will the Senate vote Minimal invasive breast surgery. A new false positives. in favor of approving medical devices standard of patient care offered only by Are we going to come out on the side based on false or misleading labels? United States Surgical Corporation. of protecting American women on Will the Senate allow dangerous med- That is what the ad says. It doesn’t breast cancer, or are we going to say ical devices that have not been tested say minimal invasive biopsy; it says we are going support whatever any for safety and effectiveness to be foist- breast surgery. medical device company wants to do, ed on the American people? Will com- Maybe that is a new way of doing it. no matter how false and misleading panies like U.S. Surgical Corp. be re- Maybe that is the best way that has that information may be? The vast ma- warded for deceiving the FDA? Will the ever been devised for protecting Amer- jority of manufacturers won’t use this Senate put a higher value on the prof- ican women in terms of breast tumors. loophole. But you don’t hear the argu- its of the powerful than the health of But the FDA does not have one sen- ments here about what the financial the American people? tence of proof or evidence from U.S. benefit will be to those companies that Section 404 of the FDA bill requires Surgical that provides data on the safe- will not have to conduct the exhaustive the FDA to approve a medical device ty and effectiveness on this method of tests for safety and efficacy. They will based on the user claim on the label removing a tumor that other medical be at a competitive advantage over the submitted by the manufacturer, even if devices should provide. They have the other medical device companies that that label is false or misleading. It pre- biopsy needle. It is effectively the size are trying to do it right. vents the FDA from requiring the man- of this pencil. They want one that is 50 Mr. DODD. Will my colleague yield? ufacturers to show their product is safe times larger. You don’t have to have a Mr. KENNEDY. In a second. Because and effective for the purposes for which lot of sense to know what this is all there will be those in those corporate it will really be used—as opposed to the about. boardrooms who will say, look, our purpose falsely claimed on the label. It Maybe U.S. Surgical convinced the competitor is getting in through this stands 20 years of progress toward safer Senator from Connecticut. But the doc- particular labeling device loophole. All and more effective medical devices on uments and their promotional mate- you have to do is change the label a lit- its head. rials indicate what they are about, and tle bit. We will be able to do it as well. Nothing better shows the need for that is to provide for removal of tu- We can avoid the time it will take to the Reed-Kennedy amendment than the mors from American women, one out of do it right, we will save a good deal of recent history of the advanced breast seven, who have breast cancer. And our resources. We will get on the mar- biopsy instrumentation system, a de- doctors who see, ‘‘Approved by the ket sooner, we will beat the compet- vice developed and marketed by the FDA,’’ then tell their patient this has itor, we will be on the shelves sooner. U.S. Surgical Corp. This attempt to been approved by the FDA, that it We can use what U.S. Surgical did, mislead the FDA and foist an untested must be safe, and so they undergo where they denied—denied—that they machine on women with breast cancer

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9751 shows why it is critical that section 404 Minimally invasive breast surgery. A new removing tumors—the real use in- not be passed in its current form. standard of patient care offered only by tended by the company, not the false The U.S. Surgical Corp. submitted United States Surgical Corporation. and misleading use submitted on their their new machine to the FDA for ap- They have the audacity to suggest proposed label. When the FDA made a proval based on a labeled claim that it they are not promoting it. mistake and inappropriately cleared was to be used for biopsying breast tis- It is clear that this company has de- the device, it had the authority to go sue suspected of being malignant. This signed this machine for breast surgery, back to the company and warn that it is a common procedure used when not just biopsy. And it is promoting it would revoke their approval unless mammograms or other diagnostic tech- for this purpose—despite the false and adequate warnings were placed on the niques identify suspicious looking misleading label submitted to the FDA. label and necessary clinical testing was areas of the breast that may indicate Here is what a distinguished physi- performed. malignant tumors. If the biopsy of a cian, Dr. Monica Morrow, professor of I hope our colleagues will listen to small piece of the suspicious material surgery at Northwestern University, this. indicates a malignancy, surgery would had to say about the company’s ma- But under section 404 of the FDA re- normally follow to remove the can- chine—I referenced that— form bill, the FDA would be forced to cerous tissue. I am writing to express my feelings regard- approve the new device without such But U.S. Surgical’s labeled claim was ing the importance of the FDA’s mandate to evidence. Unscrupulous companies will false. One of the models of the machine evaluate ‘‘behind the label’’ uses of devices not only be allowed but encouraged to and drugs. was designed to excise a piece of tissue The need for such evaluation is clearly ex- submit misleading labels, because they 50 times as large as previous biopsy in- emplified by the marketing strategy for the will gain a competitive advantage over struments—the size of a piece of a hot U.S. Surgical breast biopsy device (ABBI). companies that play by the rules. dog as compared to the size of the tip This device was approved for use as a diag- American women do not want to die of a lead pencil. It was clearly designed nostic instrument. However, the company from breast cancer because companies to be used to excise small tumors—not video clearly depicts the use of the device for are allowed to sell devices that may be just to perform a biopsy. But the ma- definitive breast cancer therapy. unsafe and ineffective. No Senator No clinical trials using the accepted tech- chine was not tested to see whether it niques for comparing cancer treatments have would want their own wife or mother was safe and effective for this purpose. been conducted to validate this claim, and or daughter to be subjected to such an The company was, in effect, proposing without such trials, the device could poten- untested device, solely because a to subject women with breast cancer to tially pose a significant risk to patients. In greedy company wanted higher profits. surgery with a machine that might addition, other claims regarding improved The issue goes far beyond products to have been less effective in curing their cosmetic outcome and patient acceptance excise breast cancer. If applies to la- illness than existing therapies. are similarly unsubstantiated. The indica- sers to treat prostate disease, stents to Women ought to have a choice on ex- tions for the uses of devices and drugs should be placed in carotid arteries, imaging be determined by appropriate clinical and systems to detect breast cancer, and a isting therapies whether they want to scientific data, and not by their appeal as take a chance on this. marketing gimmicks. host of other treatments for dread dis- It placed the company’s profits This video was dropped off in my office by eases. first—and the patient’s needs last. a company representative as part of an effort The FDA believes those numbers will In fact, the only clinical testing the to interest me in purchasing this equipment. increase dramatically as the new tech- company submitted to the FDA in sup- When the FDA became aware that nologies come into play. port of their application had been per- the company was promoting the device If allowed to stand, this provision formed on seven cow’s udders and two for this unauthorized purpose, it also will give unscrupulous companies a li- pieces of beef. became aware that it had made a mis- cense to lie to the FDA. It will penalize Because FDA initially relied on U.S. take in clearing a device that was ethical companies who are truthful and Surgical’s false and misleading label, clearly designed for a purpose not stat- do the necessary testing to prove that the device was subjected only to an en- ed on the label—tumor removal—with- their products are safe and effective. gineering review and was cleared for out adequate clinical testing. The FDA Most of all, it will put the health of use on February 1, 1996. Had the prod- then acted to require the company to American people at risk so that a uct been honestly labeled, FDA would include a strong cautionary label that greedy few may profit. have reviewed it using a multidisci- the device was only to be used for tis- Companies that hope to benefit by plinary team and required the company sue sampling, not tumor excision. And weakening the FDA are powerful and to present genuine clinical data in sup- it required it to submit clinical data on profitable. They believe they have the port of the application. its use for the original claimed purpose votes to push this disgraceful provision On March 29, 1996, the FDA obtained of biopsy. Based on this revised label through the U.S. Senate. Later today, a copy of a promotional videotape that and the new clinical data, the FDA re- we will see if they are correct. But if U.S. Surgical was distributing to phy- cleared the machine for breast biopsy the American people truly understand sicians to try to sell their product. The on September 24, 1996. what is at stake, I do not believe they videotape clearly describes the device That is what the FDA has been doing, will permit this dangerous provision to as appropriate for surgically removing effectively denying them the oppor- become law. When the vote comes, we small lumps of cancerous tissue. Let tunity to use it for these other pur- will see how many Senators are willing me quote some extracts from this slick poses, and permitting them to use it to stand with the American people— production: only for biopsy. and how many are willing to vote in U.S. Surgical is entering a new millennium And it further required the company favor of false and misleading labeling. in breast surgery by combining advanced to conduct studies on the safety and ef- And let me make very clear that this stereotactic technology with minimally fectiveness of the machine for tumor vote will not be the end of the story, invasive surgery * * *. removal, studies which are ongoing. whichever way it ends up. We will con- Unlike needle biopsies where small sam- Evidently, the company, when asked tinue to fight to keep this provision ples of the lesion are removed for patholog- ical analysis, the ABBI system removes the to provide the additional studies, they from becoming law, and I believe we entire specimen * * *. agreed. That is interesting, isn’t it? will ultimately succeed. If the specimen proves to be cancerous but Now, once they have gotten caught The FDA reform bill has many con- pathology reports the entire margin is clear, they say, ‘‘OK, we’ll supply the data.’’ structive elements. But this disgrace- it is up to the clinical judgment of the sur- If section 404 is passed in its current ful provision should be eliminated. geon to decide to remove additional tissue or form, the FDA will be handcuffed in its False or misleading labels should have if the procedure can be considered complete. efforts to protect the public against no place in approval of medical devices. The ABBI system allows surgeons to pro- untested and potentially harmful— Unscrupulous manufacturers do not de- vide the benefits of a minimally invasive technique to breast surgery. * * * even fatal—devices. Under current law, serve a free ride at the expense of pub- Benefits to the patient include: reduced the FDA is able to require that the lic health. physical and emotional trauma as a woman company develop data to show that the The Reed-Kennedy amendment will undergoes only 1 versus 2 procedures. * * * new device was safe and effective for protect Americans against dangerous

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9752 CONGRESSIONAL RECORD — SENATE September 23, 1997 machines and unethical practices. It is and, second, there is the present ability nostic purposes related to breast can- a simple amendment. It says that the to handle those situations. cer. FDA should not be bound by the com- So by putting in these words ‘‘false I think it is unfortunate that there pany’s label if the label is false or mis- and misleading,’’ you take this device have been so many misleading state- leading. Every Member of the Senate basically and move it back in under the ments made about this company, who should support this simple, common- premarketing approval process be- not once, but twice, received full FDA sense change. I know that the Amer- cause, if you have to approve every- approval for this diagnostic device. ican public supports it. thing, if you have the duty of going out I would like to make the fact ex- And I know that every patient and and inquiring among doctors, ‘‘Are you tremely clear—just for the purposes of every physician deserve to know that using this device which has already the RECORD. The company’s original the FDA has had a fair opportunity to been approved?’’ and you say, ‘‘I have application was submitted to the FDA assure that the devices on which lives something which is substantially on October 5, 1995 and was cleared by and health depend are safe and effec- equivalent to be used for that pur- the FDA 119 days later, on February 1, tive. pose,’’ they would have the burden of 1996. I yield the floor. going out among the doctors and find- The company resubmitted their med- Mr. JEFFORDS addressed the Chair. ing out what the practice of medicine ical device under the 510(k) on Sep- The PRESIDING OFFICER. The Sen- is and whether their device was being tember 23, 1996, with additional clinical ator from Vermont. used for something other than what it data requested by the FDA. This resub- Mr. JEFFORDS. Let me try to re- mitted 510(k) was cleared by the FDA move some of the confusion that I was approved for under the premar- on December 20, 1996, 88 days later. The think must exist. Certainly the Sen- keting approval process. That means a huge increase in costs process works. ator from Massachusetts most elo- to each of these companies that are I cite for the RECORD here, Mr. Presi- quently has expressed his feelings, but dent, what is on the label. his feelings and the law are not nec- trying to get something on the market essarily the same. to compete with the one that is already Indication: For diagnostic sampling of I point out, first of all, that false on the market. This creates huge breast tissue where large diameter incisional delays. And for what reason? For no breast biopsies are desired. statements, all these kinds of prob- Contraindication: The device is used for di- lems, are certainly reachable. Let us real purpose because it is only going to be used for that use intended unless agnostic breast tissue biopsies; it is not [in get back to where we are. Let us re- bold letters] intended for therapeutic exci- move first a couple of the things that somebody decides to use it otherwise. sion of tissues. So I think we have to remember here have been invoked here in the discus- Now, I don’t know what could be sion. Fen/phen, for instance. Fen/phen there is authority under the law for those people who abuse the process. more clear than that. I ask unanimous deals with drugs, not with devices. So consent this be printed in the RECORD. do not get that confused with this par- But one of the purposes of the 510(k) was to reduce the time so that com- There being no objection, the mate- ticular situation here. rial was ordered to be printed in the In addition to that, I point out that petition can get out there with a better RECORD, as follows: because of the off-label use of drugs, device and bring the costs down be- this committee appropriately put in cause there would be no longer a mo- ABBI biopsy device chronology place a system which would have prob- nopoly in that situation. Original 510(K) Indication: Transection of tissue ably even prevented fen/phen but at The second purpose is to relieve the during a surgical biopsy least would have made it possible for FDA from having to recheck and reex- procedure amine a device which is substantially October 5, 1995 Original 510(K) Premarket No- the FDA to intervene through the through tification submitted to knowledge that they might not have or equivalent to the one that has al- February 1, 1996 FDA. had. So I want to take that completely ready been studied and require the Minor questions answered. out. That just raises insecurities in FDA to go out and examine all the doc- FDA clears 510(K) and issues tors, all those kinds of things and cre- Substantial Equivalence let- people which is inappropriate under ter. (119 days) this legislation. ate a huge burden on the FDA. Second, with respect to the debate on So our purpose here in the bill is to May 8, 1996 FDA raises questions regard- make sure that we have an efficient, ef- through ing the ABBI device. devices, I think it is important that we June 6, 1996 FDA states they made a take a look at what we are talking fective FDA with adequate resources to mistake in clearing the about here. Devices are different from do their job. So I want to make it clear original 510(K) without drugs. Devices have to do with things as to what the discussion is supposed asking for clinical data. to be about. I also remind you that the FDA states USSC has which are implanted in you or are used done nothing wrong; it like the neck collar, whatever else, 510(k) process only applies to those de- was FDA who neglected which do require approval. vices which are not life threatening, so to request data. There are two ways to approve these they are not the devices that would do FDA issues Warning Let- matters. One is the PMA, the premar- the kind of horrendous things that the ter to USSC, 6/3/96, re- keting approval. Senator from Massachusetts has al- garding labeling and ad- The amendment that they are asking luded to. vertising claims made for would require not only the premar- I yield to the Senator from Con- for the ABBI. FDA meeting held, 6/6/97, keting analysis but would move the necticut. with USSC, Dr. Barbara same kinds of standards which are in Mr. DODD. I thank my colleague for Schwartzberg and Dr. the premarketing approval process yielding. Bill Kelly to review data Mr. President, may I ask—the hour demonstrating the safe over to the 510(k) process. and efficacious use of Why is that? First of all, the pre- of 12:30 is going to arrive here. I think the ABBI as a diagnostic market approval is the one which re- there has been an earlier order that biopsy device. USSC quires all the clinical trials and tests would have us recess. agreed to work with Mr. JEFFORDS. I ask unanimous FDA to gather retro- and which makes it very clear as to spective clinical data whether a device is going to create a consent that we be allowed to proceed from ABBI users to ad- threat. until 12:40. dress FDA safety and ef- Let us put that into dimension here. Mr. DODD. I thank my colleague for ficacy issues stemming from larger core needle Just in the 510(k) process, there were yielding. design. over 5,000 a year. Over the last 6 years Mr. President, I sat here and listened 510(K) Resubmission Indication: For diagnostic that has been about 30,000 devices. to this debate this morning. A good sampling of breast tissue where part of it has been focused, not on the large diameter incisional breast There have only been five or six that biopsies are desired have created any problem which re- merits of the provision, but on one in- Contraindication: The device is quired mandatory recall. dividual company in the State of Con- used for diagnostic breast tissue So that evidence is with respect to necticut, U.S. Surgical Corp., and a de- biopsies; it is NOT intended for two points: First, these are rare things vice which they developed for diag- therapeutic excision of tissues

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9753 the process a bit so we do not delay proved the 510(k) and then the new ABBI biopsy device chronology— further the ability of very worthwhile 510(k) was applicable. Continued devices to get approved by the FDA So that is exactly how FDA is sup- September 23, 1996 USSC resubmits 510(K) for and get to the marketplace. posed to work and it did work under ABBI including modified la- I regret deeply that a very fine com- the existing procedures. beling, 39 clinical case re- ports and commitment to pany with a tremendous track record Again, over and over and over, what submit additional clinical that has produced some wonderful de- has not been described and discussed is case reports over the next vices has been the subject of an attack the authority that the FDA has regard- several days. ing changes in technology that raised USSC submits additional here on the floor. It is not deserved. It clinical case reports to is not deserved. They produce a very questions of safety and efficacy, effec- supplement the original worthwhile product, the breast biopsy tiveness of the predicate device. 9/23/96 submission for a needle, that has been approved by the Mr. KENNEDY. Will the Senator total of 312 ABBI clin- ical case reports. On 10/ FDA and is making a difference in yield? 16/96 FDA requested that women’s lives. There are thousands of Mr. COATS. Happy to yield for a no more data be sent examples of where this device and question. while they analyze what Mr. KENNEDY. If you would be will- has been submitted. other products made by this company USSC responded to nu- have made a difference in people’s ing just to maintain the current law, merous FDA questions lives. This company, U.S. Surgical, has we could move very quickly toward regarding clinical data been manufacturing medical devices in final passage. and labeling. The Senator has just given an excel- December 20, 1996 FDA clears 510(K) resubmis- Connecticut for over 30 years now and sion and issues Substantial has an excellent track record for pro- lent explanation about how the FDA Equivalence letter. (88 days) ducing safe, effective, and innovative works at the present time. That proce- December 23, 1996 FDA rescinds original 510(K), products. In addition to setting the dure is being halted dramatically in dated October 5, 1995, so no other substantially equiva- gold standard for the laproscopic sur- this law. So if the Senator would sup- lent device will have a basis gery devices, as I mentioned earlier, I port—— for submission without cor- should also note that U.S. Surgical pio- Mr. COATS. Reclaiming my time. responding clinical data. neered the technique of closing wounds Mr. KENNEDY. I had yielded—— Mr. DODD. This is the chronology of with staples, rather than sutures—a The PRESIDING OFFICER. The Sen- the events. This device is being used to revolution in everyday medical prac- ator from Indiana has the floor. try and improve biopsy and diagnostic tice. The thousands of Connecticut Mr. COATS. I think the Senator from purposes and reduce, hopefully, the workers who help create these prod- Massachusetts knows exactly what it need for unnecessary surgery—some- ucts, ought to be applauded by our col- is we are attempting to do and why we thing most people applaud. And the leagues rather than used as an irrele- are doing it. It is part of the two-part label clearly limits the product to that vant example, somehow, of some at- test. The second part, which the Sen- purpose. tempt to limit the protections that the ator admits on every example he uses The Senator from Massachusetts sug- FDA offers. and every example he uses does not gests that this is somehow a rationale For those reasons, Mr. President, I apply to the situation as it exists. for us to reduce or change the language urge our colleagues, with all due re- Dalkon shield has nothing to do with of this bill that deals with the approval spect, to reject the Reed-Kennedy this; fen/phen, as the Senator knows, process for less riskier medical devices. amendment and to support the provi- has nothing to do with this language. He cites a lot of examples that has sion we have included in this legisla- This whole thing was supposedly nothing to do with this issue. Fen/phen tion which we feel not only adequately prompted by the fen/phen scare, and has nothing to do with this amend- protects people, but does even more the Senator failed to admit that fen/ ment. The Dalkon shield has nothing than that. It allows them to get the phen is a drug and not a device. to do with this amendment; that was a materials they need to see they have a Most of us are trying to keep some failure of technology that had nothing healthier and safe life. level of patience and some level of per- to do with the intended purpose of the Mr. JEFFORDS. I yield 5 minutes to spective on this whole process and pro- device. the Senator from Indiana. cedure. I don’t know of anybody at U.S. The examples cited, one after an- The PRESIDING OFFICER. The Sen- Surgical—they may have visited my other, do not address the issue at hand. ator from Indiana. staff. I have never talked to anybody The issue at hand is how the FDA in- Mr. COATS. Mr. President, again I that I know of from U.S. Surgical. I terprets intended use in making a sub- want to tell Members I think it is im- didn’t even know they made that de- stantial equivalence determination portant to keep their eye on the goal vice. All I know is when they got in —the first test a lower risk device un- here and on the facts. Senator DODD trouble they went to Senator KENNEDY, dergoes. That is what we are dealing went through part of the chronology of and the very device he is talking about with here. the approval of the device that Senator that is so dangerous to women’s health, If you have to say to a company that KENNEDY was talking about. he intervened, or at least participated it must try and imagine what a device I say to my colleagues, the system is in the process of clearing U.S. Surgical. conceivably could be used for by some working the way it is supposed to I had printed in the RECORD the let- surgeon out there, and on that basis work. FDA has the authority. The com- ter citing specifically Senator KEN- FDA can hold up its 510(k), you might pany submitted the application, FDA NEDY’s help and the help of Dr. David as well scrap 510(k) and make every cleared the device, then questions Nexon, Senator KENNEDY’s staffer and new device, even low-risk ones, go came up about it, and the FDA re- Gerry Kavanaugh. There was no expla- through the PMA process. You can sponded and asked for some additional nation of that minor omission in the make a case for that, I suppose. But I material, and then they acknowledge Senator’s presentation. I would be in- don’t hear anyone advocating that. But that, yes, we had the material, you terested to hear what that might be. if you really believe that we ought to sent it to us, but we didn’t get a chance So, the Senator criticizes the Sen- so change this process, then get rid of to review it. We have now reviewed it. ator from Connecticut for supporting 510(k) altogether—that is the safest Mr. KENNEDY. Will the Senator this company and not being objective way to go. But again, I don’t hear any- yield? with the facts, when the Senator, who one suggesting that. Mr. COATS. I will be happy to in a is raising the issue in the first place, All we are saying here is, the FDA moment. has been the person to provide that ought to look at the intended purpose They made a change in the ‘‘indica- support. listed, and ought not try and go beyond tion’’ and ‘‘contraindication’’ in ac- What we are attempting to do is to that, particularly when they have full cordance with what FDA asked them return to past law which sets in place authority to apply the second test of to do. They resubmitted for a new a reasonable procedure whereby de- reviewing technological differences. All 510(k). FDA, with the help, apparently vices that are substantially equivalent we are trying to do here is to expedite of Senator KENNEDY and his staff, ap- under FDA’s determination to devices

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9754 CONGRESSIONAL RECORD — SENATE September 23, 1997 that have already gone through The PRESIDING OFFICER. The Sen- Today, I think this legislative body lengthy premarket approval processes, ator from Iowa is recognized to speak would be well-served to remember the where those devices can be expedited for 2 minutes. productive, bi-partisan leadership of into the system because there is no dif- f Senator Dole. The people’s business ference and the question is on the label was always Bob Dole’s first concern as LANDMARK HEARINGS what the intended use is, not on what he presided over the work of the Senate somebody tries to make the intended Mr. GRASSLEY. Mr. President, for many years. use to be. It would be impossible for today was a landmark day for the The second very important effort anybody, any company, anybody to American people in hearings before two stopped by this maneuvering today was possibly speculate and list all the ways Senate committee on which I serve. landmark hearings of the Finance in which people might think up of As chairman of the Special Com- Committee to expose the excesses and using devices. The company produces it mittee on Aging and the request of my abuses of the American taxpayer at the for a specific purpose, it provides an in- colleague, Senator SHELBY, I assembled hands of the Internal Revenue Service. dicator for a specific purpose, and a several panels to raise the awareness of The fair-minded and very capable contraindicator for how it is not to be the second-leading cause of cancer chairman, Senator ROTH, spent 8 used, and if there is in any way a tech- death for men: prostate cancer. months preparing these hearings to nological change in that device, then In the Finance Committee, we opened talk about the specific problems and to FDA has full and complete authority up 3 days of unprecedented oversight consider specific solutions on how the to deny the substantial equivalency hearings into systemic abuses of power IRS can be restructured to work for label. by the Internal Revenue Service. taxpayers, not against them and at the The telephones were ringing off the Let’s keep our eyes focused on what expense of the civil liberties of indi- hook in my office as these hearings we are attempting to do here and not vidual Americans. be confused by egregious examples that were underway. That’s how much these All of this was disrupted by the don’t even fit the issue, that don’t even issues struck a chord with the Amer- Democratic leadership who put petty go to the core of what we are debating. ican people. politics ahead of the public’s health. And suddenly, the hearings were can- It makes for good theater. It makes for I’m very disappointed. And I wouldn’t celed. Why? Was it a national emer- lousy legislation. be surprised to learn of the public’s dis- gency? The death of a colleague? An Mr. JEFFORDS. I suggest the ab- appointment as well. sence of a quorum. international crisis? Hardly. Instead, the Democratic leadership The Democratic leadership needs to The PRESIDING OFFICER. The explain to the American people why clerk will call the roll. The bill clerk used the Senate rules to shut down the public’s business. partisan politics seems more important proceeded to call the roll. than No. 1: raising the awareness of the Mr. JEFFORDS. Mr. President, I ask They shut down important policy de- bates on prostate cancer and IRS second-leading cause of cancer death unanimous consent that the order for for men, prostate cancer. No. 2: expos- the quorum call be rescinded. abuses. And that’s only in the two committees I was involved with. Other ing abuse and mistreatment of hard- The PRESIDING OFFICER. Without working taxpayers at the hands of the objection, it is so ordered. committees were affected. What’s apparently more important to IRS. UNANIMOUS-CONSENT AGREEMENT the Democratic leadership than these If you don’t like the investigation Mr. JEFFORDS. Mr. President, I ask into campaign irregularities in Lou- unanimous consent that the Senate issues is a partisan political issue in Louisiana. It’s an issue involving cam- isiana, fine. But should the priorities of stand in recess until 2:15 p.m., and the American people be shoved aside when the Senate reconvenes, there be paign irregularities in a campaign in Louisiana involving one of our col- for the partisan concerns of a political only the following time remaining, party? I don’t think so. limited in the following fashion: 20 leagues. Certainly, this is an important issue, Mr. JEFFORDS addressed the Chair. minutes under the control of Senator although political. But is it important The PRESIDING OFFICER. The Sen- KENNEDY, 20 minutes under the control enough to systematically close down ator from Vermont is recognized. of Senator JEFFORDS, 10 minutes under the public’s business? Mr. JEFFORDS. I yield 2 minutes to the control of Senator HARKIN, and 10 The hearing before the Committee on the Senator from Iowa. minutes under the control of Senator Aging this morning was called at the The PRESIDING OFFICER. The Sen- FRIST. urging of Senator SHELBY. He is a pros- ator from Iowa is recognized to speak The PRESIDING OFFICER. Is there tate cancer survivor. The hearing was for 2 minutes. copy objection? Mr. HARKIN. Mr. President, reserv- designed literally to help save lives. f This year alone 335,000 American men ing the right to object. I ask the man- ORDER OF PROCEDURE will be diagnosed with prostate cancer. ager of the bill, would the 10 minutes The ranking member of the Committee Mr. JEFFORDS. Mr. President, I under my control occur prior to the on Aging—Senator BREAUX—and I yield the Senator from New Hampshire vote on the Reed-Kennedy amendment worked to put together a healthy pol- 5 minutes. or after the vote? icy debate about treatment options. The PRESIDING OFFICER. The Sen- Mr. JEFFORDS. After the vote. ator from New Hampshire. Mr. HARKIN. I appreciate that. I This productive debate, a debate that could help save lives, was cut short Mr. GREGG. Mr. President, I appre- have no objection. ciate the Senator yielding. I wanted to The PRESIDING OFFICER. Without this morning because of politically mo- speak on another item. objection, it is so ordered. tivated maneuvering through Senate rules. We were therefore unable to en- Mr. JEFFORDS. We have a very lim- f gage in a full debate about when to ited debate time. RECESS screen and how to treat prostate can- Mr. GREGG. Can I ask unanimous Mr. JEFFORDS. Mr. President, I ask cer. consent that I be allowed to proceed for that the Senate now stand in recess Among the 10 witnesses scheduled to 5 minutes under morning business? under the order. testify this morning was the distin- The PRESIDING OFFICER. Is there Thereupon, the Senate, at 12:53 p.m., guished former Senate majority leader objection? recessed; whereupon, the Senate, at Bob Dole. I’m happy we were able to Mr. KENNEDY. Reserving the right, I 2:15 p.m., reassembled when called to hear his statement before the shut- apologize to the manager. Could I hear order by the Presiding Officer (Mr. down. that request again? COATS). Senator Dole’s testimony this morn- Mr. GREGG. The request was to pro- Mr. JEFFORDS addressed the Chair. ing was his first official event on Cap- ceed for 5 minutes as if in morning The PRESIDING OFFICER. The Sen- itol Hill since he left the Senate in business. ator from Vermont is recognized. June 1996. Mr. KENNEDY. I have no objection. Mr. JEFFORDS. I yield 2 minutes to No better way, in my view, to get the The PRESIDING OFFICER. Without the Senator from Iowa. message out. objection, it is so ordered.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9755 The Senator from New Hampshire is number of talks on this topic. He has all the questions, and look at all the recognized to speak as if in morning pushed forward an agenda for reform. possible uses that are reasonably dis- business for up to 5 minutes. But his agenda for reform doesn’t go as cernible from the device itself. f far as the agreed to package, which The other objection which has been passed out of this Senate with an over- made to the amendment is that it is U.N. ARREARAGES whelming vote. unnecessary because the FDA can step Mr. GREGG. Mr. President, I under- The simple fact is that I have come in and ask for this type of information. stand we are in the middle of debate on to the floor today to restate the obvi- But, in fact, that is not the case. FDA which has been going on for some ous, which is that we are not going to As some have explained here today, days. I did want to talk briefly about send $1 billion to the United Nations there is a two-prong test to get 501(k) the President’s comments in New York until the conditions of that package approval under current. First, the de- yesterday relative to the United Na- are met, until we know that the dollars vice must be substantially equivalent tions. are being spent effectively, and until to another device already on the mar- The President went to the U.N. Gen- we know that there is in place a reform ket, and this device performs essen- eral Assembly and made a very elo- effort which is going to work. tially the same task that the other de- quent speech, as he often does, in I regret that the President did not vice does. If there are technological which he promised that he would be take the opportunity to express that differences in the device, then the FDA paying what is represented to be the thought to the membership of the can make an evaluation of this tech- arrears of the people of the United United Nations. But I think the point nology to determine its effectiveness. States that we owe to the United Na- should be clarified before the people But all of these different tests col- tions, arrears which is somewhere who are expecting to get their billion lapse into one point. The question is, around $1 billion. I think that was gen- dollars think they have a blank check, what is the device being used for? erous of the President to do that. But because they don’t. We are not going to That is where the current language he should have made it much clearer tolerate it. in the bill is so restrictive of FDA re- what the conditions are for our paying I yield the time. sponsibility and the obligation we ex- those arrearages. f pect them to discharge. Because, ac- As chairman of the committee that cording to the language in the bill, the has the authority over the spending of FOOD AND DRUG ADMINISTRATION FDA and the Secretary of HHS review- the money relative to the U.N. ac- MODERNIZATION AND ACCOUNT- ing any of these proposals could only counts, I have been working with Sen- ABILITY ACT OF 1997 do so with respect to the intended use ELMS and Senator GRAMS, along ator H The Senate continued with the con- of the device based on the intended use with the administration and with sideration of the bill. included in the proposed labeling of the House Members, and we have developed AMENDMENT NO. 1177 device. a package which makes that payment The PRESIDING OFFICER. Who You have to evaluate these devices to the United Nations conditioned. Un- yields time? for safety and health, and efficacy fortunately, the way the President ex- Mr. KENNEDY. Mr. President, I un- based upon some use. And if the FDA is pressed it, the conditions were men- derstand we have 20 minutes to each restricted solely to the use indicated tioned only in passing, and hardly even side. on the label, then they will not be able mentioned at that. But the conditions The PRESIDING OFFICER. The Sen- to look behind the label to other pos- are critical. The American people simply are not ator from Massachusetts has 19 min- sible uses—look beyond the label to going to send another $1 billion to the utes remaining. other possible ways—in which the de- United Nations unless the United Na- Mr. KENNEDY. I yield 10 minutes to vice could be used and ask for sup- tions cleans up its act—unless they re- Senator REED. I will take 9 minutes. porting data to justify those uses. duce the patronage; unless they put in Mr. REED. I thank the Senator. We have seen and heard examples place accounting procedures that are Thank you, Mr. President. today on the floor with respect to bi- Mr. President, we debated this morn- trackable—so that we when we send $1 opsy needles, with respect to lasers, there we know where it goes. ing the Reed amendment, which would with respect to a host of very impor- Today the American citizens pay 25 give the Food and Drug Administration tant medical devices. The American cents of every $1 spent at the United the authority to look behind the la- public I hope would demand that these Nations and the United Nations has no beled use in evaluating a class 1 or devices be evaluated thoroughly for all idea where that money is spent. Not class 2 medical device before that de- reasonable uses—not only the use that only do they have no idea where most vice would be sold on the marketplace. a manufacturer would suggest as a way of that money is spent—they may have My amendment is very simple. It would to take advantage of this expedited an idea but they certainly don’t know allow the FDA, if they felt the label procedure for review and entry into the specifically where it goes—but, more was misleading or false, to ask for ad- marketplace. importantly than that, they don’t have ditional information with respect to One does not have to repute ill will any systems in place to assess whether possible uses other than the labeled or bad motives to the manufacturers of or not the money is getting anything use. This is consistent with their cur- these devices. Simply stated, they have for the dollars that are being spent. rent practice. And it would protect the a tremendous incentive to get these What we are seeing is an institution public health dramatically. items into the marketplace. Once they which is rampant with mismanagement I urge all of my colleagues to support are in the marketplace, there are dif- and inefficiencies. Regrettably, the this amendment. ferent uses that could be promoted. President didn’t point that out. He had I heard opposition on the floor this Also, in terms of marketing, there an excellent opportunity to stand be- morning to the amendment—first, not are scores of salesmen and women who fore that body and say, ‘‘Listen, if you so much opposition but an attempt to are zealous in trying to promote these expect the American taxpayers to pay diminish the importance of this goods. They might not be as scrupulous for a quarter of the cost of this institu- amendment by saying, ‘‘Well, class 1 with respect to these uses as intended tion then the American taxpayers ex- and 2 devices are just simple little by the manufacturer. pect adequate accounting. And the medical devices. They are low-risk All of these factored together suggest American taxpayers expect that it will medical devices.’’ I don’t know about strongly that if we do not initially be spent on programs that work. And you. But, like many Americans, I think have a good approval process which al- the American taxpayers do not want to the definition of a low-risk medical de- lows the Food and Drug Administra- have their money spent on patronage. vice is a device that is being put into tion to look behind the label, to look And they don’t want to have it mis- someone else’s body, not my own. Be- at likely uses other than the ones pre- managed, and do not want to have it cause, if there is any type of device sented by the company, we could run inefficiently used.’’ that is coming into a person’s body, the risk of introducing medical devices The new Secretary General of the they expect and anticipate that the into the marketplace that would be United Nations has given a significant FDA would thoroughly review it, ask harmful to the American public.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9756 CONGRESSIONAL RECORD — SENATE September 23, 1997 We have made great progress on this all sorts of standards that have to be what if the FDA says, ‘‘No, let’s make legislation. We have done so because met in terms of safety, efficacy, and people go back and jump through all we all feel sincerely that our chief re- false and misleading labels. That de- the initial hoops once again.’’ sponsibility is to protect the public vice goes through that process, what is We already know for a device that we health. My amendment would do so. called the PMA, premarket approval of are not meeting device approval or dis- My amendment would give the FDA the device. Then with technology and approval over the time required in the authority to request additional science new devices, better devices are statutes. Already it takes months and safety information in the rare cir- developed; for example, a stint in the years to go through the approval proc- cumstances in which they have sus- heart after a heart attack. Over time ess. So with every improvement, when picions that the labeled use is either you improve the stint. That is the it is substantially equivalent to the false or misleading. The FDA could great thing about science today. That earlier device, if we take all those im- look behind that label and require ad- improved device may be almost exactly provements, make them meet all these ditional data before they would release like the earlier version of that device. new criteria again, what are we going a device onto the marketplace. The FDA has to make a decision. Does to do? We are going to push off the I hope that we all support this con- it go through a process which says they great advancements today to save cept. I hope we can all rally around the are so similar that there is no reason lives, to improve the quality of life to principle that when in doubt, and when to make it go through all the other some time in the future where we and confused about the different interpre- standards or is it different enough it maybe even our children cannot benefit tations of various sections, that we has to go through all the initial re- from that device. will ultimately allow the FDA to use quirements and jump through the Now, a key question that I think we its judgment and its discretion to pro- hoops and standards, and the FDA has all have is, if a device is determined by tect the public health of the American to make that decision. Premarket ap- the FDA to be safe and effective for the people. proval initially, an improvement on labeled use, should the FDA—for the I yield our time. that device or a new device, is it simi- labeled use that has been approved The PRESIDING OFFICER. Who lar enough. Now, the words are used, is —should the FDA be able to force a yields time? it substantially equivalent to the ini- manufacturer to produce a clinical de- Mr. JEFFORDS. Mr. President, I tial device itself. FDA has to make vice that is safe and effective for other yield to the Senator from Tennessee 10 that decision. uses, other uses. Remember, it is ap- minutes. What we really have not talked very proved for what is on the label. I would The PRESIDING OFFICER. The Sen- much about is how they make that de- answer no. We do not do that for phar- ator from Tennessee is recognized for cision. It is written in the current law. maceuticals today. We do not do it for 10 minutes. We do not do anything about current drugs today. Should we do it for de- Mr. FRIST. Mr. President, thank law today, whether or not this new vices? I say no. you. version is ‘‘substantially equivalent.’’ My real fear is that when the FDA Mr. President, the issue that we are Those are the words. reaches outside of the proposed label- facing in the next several minutes on What is the requirement? What is the ing, it is going to require a very subjec- which my colleagues will be voting ap- current law? They are substantially tive decision in determining what goes pears very simple on the surface. Why equivalent if, No. 1, the new device has through those initial PMA, premarket would anybody oppose an amendment the same intended use as the earlier de- criteria. that really strikes at the heart of what vice and—and—it has the same techno- Finally, let me also step back and so much of the FDA is about—that is, logical characteristics as the predicate look at the enforcement procedures a medical label that is maybe false or device. that the FDA already has. My col- misleading? Now, that is a pretty good standard leagues make it sound as if the FDA is So, on the surface it seems simple. because the idea is, if you get a little unable to protect the public health by But it really is not. The larger bill, the stint that you put in the heart and it is keeping unsafe products off the mar- underlying bill, is about strengthening improved, it works better, same prin- ket. In fact, the FDA today has the en- the FDA, and making sure that we ful- ciples, technologically equivalent, forcement authority which allows the fill that mission to the American peo- same intended use, then you go agency to remove devices that endan- ple of having products, drugs, and de- through this process of the 510(k). ger public health from use and avail- vices that improve health and not huge Now, the amendment we are going to ability immediately, even if the device barriers that push over the great new be voting on says we have to put it is on the market and the manufactur- technological advancements that we back again through the false or mis- er’s intended use for a device changes see—push them off into the future so leading label requirement. Remember, over time. that we cannot benefit from the tech- this improved device going through Any device which the FDA has, and I nology that is out there today. this process has already met the cri- quote, ‘‘a reason to believe is mis- The amendment is unnecessary. The teria of false and misleading labeling branded or adulterated in any way’’ amendment we are going to be voting when it was in the PMA, the initial ap- can be detained today under law. FDA on right now is unnecessary, and a lit- proval. That is very important to un- has a long list of remedies to protect tle bit worrisome because if it were to derstand because we all are against consumers against persons who violate pass, there is a possibility that we hurt anything in terms of labeling that is device laws including criminal prosecu- the system. In other words, we disallow false or misleading. It is very impor- tion, injunctions, civil seizures, and improved devices which can benefit tant to understand the process. civil penalties. heart disease or lung disease, we put up So what we are debating right now is Claims were made earlier by some of barriers and push them off into the fu- not whether a label is false or mis- my colleagues that manufacturers will ture. So if the amendment passes, it leading but whether the FDA will have market and advertise for uses other may be harmful. It clearly is unneces- the ability to compel a manufacturer than those approved by the FDA. That sary today. to produce clinical data to prove safety is illegal today. The bottom line is this. The Food and efficacy for uses that are not in- Under the proposed bill—not the and Drug Administration is required to cluded on the label. This brings me to amendment, the underlying proposed deny premarket approval for a device if the worrisome part of this amendment. bill—it is illegal. Again, let me say the proposed label is false or mis- Again, I am very comfortable that the claims have been made over the course leading—current law—and that is why FDA has standards today to make sure of the morning by some of my col- it is unnecessary. that the labeling is honest, is truthful. leagues that manufacturers will mar- To really understand the overall The worrisome thing is about just what ket and advertise for uses other than process, we talk about 510(k) and PMA, if the FDA came in and said that this those approved by the FDA. That is il- premarket approval. It is really pretty device, which is medically equivalent legal. The Reed amendment does not simple. You have a device today that to an earlier device, technologically change the fact that manufacturers goes through the FDA system that has improved but the equivalent device, cannot do this today, and it does not

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9757 change the fact that the FDA has en- the Senator’s own committee report tioned technical issues dealing with forcement authority today. the breadth and scope of this particular PDUFA; but there was only one public With that, I urge my colleagues to authority. health issue that the Secretary of HHS oppose the amendment. Again, I think The PRESIDING OFFICER. The Sen- has recognized, and it is this particular it is unnecessary and worrisome in the ator’s 2 minutes have expired. provision which Senator REED has tried sense that it would raise the barriers Mr. REED. Will the Senator yield? to address. sufficiently in an unnecessary way for Mr. COATS. My time has expired. It is of such importance that the Sec- approval of devices that are substan- Mr. REED. Will the Senator yield? retary of HHS indicated that if that tially equivalent to devices that al- Mr. KENNEDY. Two minutes. provision remains unchanged, she ready have jumped through the hoops. Mr. REED. I concur with the Sen- would recommend that the President I yield the floor. ator’s notion that the FDA could look The PRESIDING OFFICER. Who at safety and effectiveness but the crit- not sign the legislation. And it is not yields time? The Chair informs the ical question is safety and effectiveness just the Senators from Rhode Island Senator from Vermont there are 8 min- to do what? To do what the labeled use and Massachusetts who are concerned utes 32 seconds remaining under his is or to do something else. And the lan- about this provision. Every single con- control and the Senator from Massa- guage of the bill restricts the answer to sumer group is concerned about it as chusetts has 12 minutes remaining that question, to do what, statutorily well. All of the groups that speak for under his control. to simply say whatever the company patient rights, all of the groups that Mr. JEFFORDS. Mr. President, I puts into the label. And that seems to are concerned about women’s health yield 2 minutes to the Senator from In- be the crux of this debate. Yes, they issues, all of the various consumer diana. can look at safety and effectiveness; groups—I have listed them before—all The PRESIDING OFFICER (Mr. yes, they can look at technological of them say that we ought to support FRIST). The Senator from Indiana. change, but only in the context of what the Reed amendment, if we are truly Mr. COATS. Mr. President, I am the company purports in the label to interested in protecting the American going to repeat points that have al- say is the intended use. They can’t consumer. We have, over the last few ready been made, because I think it is look beyond it. days, talked about why this is so im- essential to the understanding of what I yield back to the Senator from Mas- portant. we are about here just before we are sachusetts. Those who are opposed to this ready to vote. The PRESIDING OFFICER (Mr. amendment keep repeating their asser- Section 404, the section under debate, COATS). Who yields time? tions that the FDA has the authority preserves a very key premarket statu- The Senator from Massachusetts. to protect the public. That is hogwash. tory authority to the agency. It is im- Mr. KENNEDY. How much time, Mr. They may believe it. I have yet to see portant for Members to understand President? a Member of the Senate who is opposed that the agency can call, still call for a The PRESIDING OFFICER. The Sen- to our amendment take out this legis- premarket action requiring full data on ator has 11 minutes 15 seconds. lation and thumb through it and point the safety and effectiveness whenever Mr. KENNEDY. I yield myself 8 min- to the specific language that states the there is a technological difference aris- utes. FDA will have authority to protect the ing, and I quote from the statute, ‘‘that Mr. President, my good friend from public if this amendment is not carried raises different questions of safety and Rhode Island has put his finger on ex- by the Senate of the United States. effectiveness in the earlier approved actly the problem and the issue. Now, I They have not done it because they device.’’ listened to our friend, Senator FRIST, cannot do it. They cannot point to a This authority is premarket. In other who believes that the FDA doesn’t provision in here that says, ‘‘OK, if we words, the product is never cleared for really have a problem if the informa- defeat the Reed amendment, FDA will marketing. It is never distributed be- tion is going to be false and mis- still have the authority.’’ They have fore the agency has an opportunity to leading, that the FDA has the author- these assertions on the floor of the U.S. act. ity to look behind the label itself and Senate. But they have not pointed to The authority is extremely broad. As find out if that information is false and specific language in this legislation, soon as a product raises a question misleading. and that is what counts. They cannot about safety and effectiveness, the If that is the case, we do not have a point to it because it is not there. agency can require the filing of a pre- problem. We can accept an amendment market authority, PMA. The agency that would restate what he has just We are talking, as the Senator from retains full discretion to control the said, or we can drop this whole provi- Rhode Island has pointed out, about showing of safety and effectiveness. sion. medical devices submitted to the FDA There are no words of limitation on It is interesting to listen to those for approval, which a company would that statutory authority. I point out who are opposed to the Reed amend- say is ‘‘substantially equivalent’’ to an that that authority has never been ment say, well, look, the FDA can do existing device. But which, in reality, challenged successfully by a company this and that and protect the public, is a device which has significant tech- in court. while at the same time they are emas- nological changes in its design and in It was Senator KENNEDY’s own com- culating the very safety valve with this fact, is designed for another use. How- mittee, as chairman of the committee, new provision—restricting the FDA in ever, when the new device is submitted his own committee report on safe med- its ability to judge on the issues of sub- for approval, the label will still main- ical devices in the 1990 Device Act that stantial equivalence. tain that the device will be used for the confirmed the breadth of this author- Now, Mr. President, before we move same purposes as the original device. ity, and I quote from that report. to the vote, I want to reiterate where That is what is happening. That is the However, notwithstanding data that may we are so that those who have been lis- danger and that is what the Reed demonstrate comparable performance, the tening to the debate for these last few amendment is attempting to prevent. agency will not find the device substantially minutes understand where we are. We have discussed the example of equivalent to a predicate device where the We are talking about the preeminent this that is currently unfolding. The newer device raises different safety and ef- issue identified by the administration’s biopsy needle that was supposed to be fectiveness considerations than the predicate device. Under these circumstances, a finding principal spokesperson charged with substantially equivalent to a biopsy of not substantially equivalent is made, ne- protecting American health. This has needle the size of your pencil lead but cessitating a class 3 designation and the re- been identified as the one provision in which actually removes an amount of quirement of an approved PMA before the the whole legislation that is of central material the size of a hot dog. This de- new device is marketed. concern to the public health of the vice is used to take the place of sur- This is the language that was— American people. They mentioned the gery for women, but it is untested and Mr. REED. Will the Senator yield? issues of cosmetics; they mentioned untried for that purpose. We don’t Mr. COATS. Incorporated in the 1990 the fact that this eliminates environ- know if it’s safe. The company hasn’t Medical Device Act, demonstrating in mental impact statements; they men- submitted evidence as to whether it is

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9758 CONGRESSIONAL RECORD — SENATE September 23, 1997 safe. But we know that this device de- We have to decide whether we are What the law says is that if it’s sub- veloped by U.S. Surgical was not de- going to retain, for the Food and Drug stantially the same product and if the signed for the narrow biopsy; it was de- Administration, the ability to deal intended purpose as stated is the same, signed for another purpose. It takes with labeling. The ability to look be- you don’t ask the company to try to out 50 times the amount of material yond the label when they find it to be guess how someone may use that prod- necessary for a biopsy. false and misleading. That is a pretty uct for some purpose that the company We know what it was designed for, we high standard. FDA has to find it false has not supported. To suggest that a have the promotion tape. We have the and misleading. Only then can they company is going to have to guess as to statements from doctors saying they look to safety. Some of us wish it was what other ideas someone may have for were being solicited to use it for sur- a lower standard, but that is the stand- the use of that product, and develop gery, not biopsy. ard we have here, false and misleading. data to support those uses—that would You can claim that these are low- We have given examples, ads have make this process null and void. We risk devices. You can claim that is been used to promote medical devices might as well scrap the entire section really just a technical issue, that its for other purposes. That is happening and 25 years of effort here. not important. But we know that is not now. We have also spelled out the The purpose of this bill is to take ad- the case. We are talking about anes- human tragedies that occurred when vantage of new technologies, to see to thesia machines which are used for medical devices malfunctioned, when it we have safe and effective products major surgeries. We want those to be we did not have all the necessary infor- that are going to reach consumers. To able to perform the way they should mation to assess safety. allow an agency to cause a company to and to meet safety and efficacy stand- Are we going to deny the principal have to guess and guess again as to ards. We are talking about fetal car- health agency charged with protecting what some other intended purpose diac monitors. We want to make sure the American public, the authority to would be, I think would be a mistake. that children who need that kind of ask for more data if they find that the So I urge, with all due respect, this monitoring have a device that will be label on a medical device is false and amendment be rejected and the com- safe and do the job. What mother wants misleading. Are we going to say your mittee bill be supported. to discover that her child is using a hands are cuffed? The PRESIDING OFFICER (Mr. fetal cardiac monitoring system that The PRESIDING OFFICER. The addi- KEMPTHORNE). The time of the Senator has been approved for some other use tional 2 minutes of the Senator have has expired. Who yields time? The Sen- and here the hospital or clinic is using expired. ator from Vermont. it for a different purpose without Mr. KENNEDY. How much time do Mr. JEFFORDS. Mr. President, as we knowing that it is safe and effective for we have? close debate on this issue, I want to that use? The PRESIDING OFFICER. The Sen- say if I listened to this and didn’t un- The list goes on. We have had the sit- ator has 1 minute remaining. uation where surgical lasers are being Mr. KENNEDY. I yield that to my- derstand the law and the protections in submitted as general cutting tools self. it, I would go home and be depressed when it is clear that the intention is to Are we going to tie their hands, tell that I was backing such legislation. use them for surgeries for prostate can- them that they cannot do a thing? Are However, knowing the law and know- cer and no information about how safe we going to tell them that we under- ing the process, I still come away to- or effective they are for that purpose stand that they have done the sci- tally opposed to this amendment. has been submitted to the FDA. Why entific review? We understand that the First of all, let’s take a look. We are we risking the health of the Amer- label is false and misleading, but you have had about 36,000 devices approved ican people over this issue? What is the are not allowed to protect the con- over the past 6 years. Out of that, there benefit? sumers or the American public from would have been six recalls. So this is I have cited examples where we have it.’’ not an issue that is something which been called on in this body to make de- I think that is the wrong position for has proved to be a failure in the law. cisions about whether we are going to this body to take, and I hope the Second, what we are dealing with use a limited amount of money to feed amendment is accepted for the reasons here is the definition of false and mis- the elderly people—how much will we I have outlined and for the splendid leading. Actually, the regulations use in congregate sites? How much will reasons outlined by the Senator from cover the important aspects of it. But we use for home delivery? If you use Rhode Island. I withhold the remainder false and misleading means if you knew more in home delivery, you will be able of my time. or should have known. They want to to feed fewer people. It’s a painful Mr. JEFFORDS. I yield to the Sen- get into the practice of medicine. They issue, and whatever we do some are ator from Connecticut 2 minutes. want to say if this person has this de- going to benefit, some are going to Mr. DODD. Mr. President, let me say vice, and it is the same as the device lose. We can understand men and briefly to my colleagues that what I with the premarket approval, they women of good judgment differing on believe is false and misleading is to should be looking around and deciding that issue. suggest what we are trying to do in any and finding out all the possible and But not on this issue. What is the way is something injurious to the conceivable uses out there, and then balance? The balance is that the pro- American consumer. What we are doing they could be required to run clinical tections of American consumers are is saying that we shouldn’t create trials on all these. weakened in the area of medical de- roadblocks in a process that has been The purpose of the 510(k) process is vices—significantly weakened for the in place for more than 20 years and to allow something that is identically first time in 25 years. And the profits that has worked well for lower risk de- the same, having gone through all this, of the medical device industry go up. vices. To prove a device is substan- not to have to go through it again. And they have a competitive advantage tially equivalent to a product that has This would send fear through the de- over the other companies who do the already been in the marketplace there vice industry because it may know it is right thing and conduct the tests to are tests which must be complied with, impossible to get anything improved provide health and safety information but you don’t force the product to again without expending thousands and on their devices. prove itself all over again. That ne- thousands of dollars and waiting 2 or 3 Why are we doing that? What is the gates the process that was set up to be years. That is totally unnecessary. The rush? Why aren’t we hearing from the quicker and more efficient and makes law fully protects the consumer now. other side that, ‘‘We have 10 con- patients wait too long to get access to This is totally unnecessary and will in- sumers’ groups that believe we can get devices which can change their lives, crease the cost to consumers and de- the information much more rapidly even save their lives. crease the availability of devices to and their health needs will be advanced If you want to scrap the process alto- them in a timely manner. That is why and we don’t need the Reed amend- gether and require that every new vari- I am opposed to it. ment.’’ Where are those statements, ation of the predicate product begin It has been greatly overexaggerated why haven’t we heard them. Because this process all over, then let’s do that. as to what kind of problem is created they are not there. I don’t hear anyone calling for that. here.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9759 Mr. President, I move to table the only the following time remaining in 425 million visits to alternative practi- amendment. the following fashion: 4 hours equally tioners, more than visits to conven- The PRESIDING OFFICER. The time divided between the chairman and the tional practitioners. of the Senator from Massachusetts has ranking minority member or their des- In light of that, in 1992, the Congress not yet expired. If the Senator will ignee for use during today’s session passed a bill setting up the Office of Al- withhold his motion? I recognize the only; 4 hours equally divided between ternative Medicine at the National In- Senator from Massachusetts. the chairman and the ranking minority stitutes of Health. We now have 41⁄2 Mr. KENNEDY. Mr. President, as I member or their designee for use dur- years’ experience with that office oper- understand I have 30 seconds? ing the session of the Senate on ating. It has done some good things, The PRESIDING OFFICER. That is Wednesday, September 24, beginning at but it has been severely hampered by correct. noon. the fact that it must go through the Mr. KENNEDY. Mr. President, I list I further ask, notwithstanding rule entire process at NIH, through the in- those who support the Reed amend- XXII, that following the conclusion or stitutes at NIH, for its peer review and ment: The administration, the Presi- yielding back of time, the Senate pro- for its grant-making authority. dent, Patients’ Coalition, Consumer ceed to vote on S. 830, as amended, The amendment I have before the Federation of America, National Wom- without further action or debate. Senate now would simply change the en’s Health Network, American Public The PRESIDING OFFICER. Without status of the Office of Alternative Med- Health Association, National Organiza- objection, it is so ordered. icine from an office under the Director tion for Rare Disorders, the Consumers AMENDMENT NO. 1137 to a center for complementary and al- Union, and the Center for Women’s The PRESIDING OFFICER. Under ternative medicine. It would not be an Policy Studies. I believe my time is ex- the previous agreement, we now have institute but a center. As such, that pired. I ask for the yeas and nays. 20 minutes equally divided on the Har- center could set up a peer review proc- Mr. JEFFORDS. Mr. President, I kin amendment numbered 1137, 10 min- ess and make its own grants. move to table the amendment. Mr. utes under the control of the Senator Now, why is that important? Mr. President, I ask for the yeas and nays. from Iowa and 10 minutes under the President, every year since we estab- The PRESIDING OFFICER. Is there a control of the Senator from Tennessee. lished the office, we put in the legisla- sufficient second? The Senator from Iowa is recognized. tion that the office’s responsibility was There is a sufficient second. Mr. HARKIN. I yield myself 5 min- to investigate and validate treatments, The yeas and nays were ordered. utes. practices and medicines. That has been The PRESIDING OFFICER. The Mr. President, there are many posi- in there every year—to investigate and question is on agreeing to the motion tive provisions in this bill that I am validate—because what we want is sci- to table the amendment of the Senator pleased to support. However, I am dis- entific analysis done of these treat- from Rhode Island. appointed that an essential element ments. Now, I have always heard, The yeas and nays have been ordered. has not been included in this bill. A ‘‘There are a lot of quacks out there The clerk will call the roll. major goal of FDA reform is to ensure practicing alternative medicine.’’ The bill clerk called the roll. that the public has access to medical While that may be true, there are a lot The result was announced, yeas 65, innovations without compromising of good people out there doing good nays 35, as follows: public safety. But the multimillion- things with alternative medicine. We [Rollcall Vote No. 254 Leg.] dollar cost of obtaining FDA approval need the review and the science to let YEAS—65 often excludes from the review process us know what is good and what is Abraham Frist McConnell all medical therapies not promoted by working. Allard Gorton Mikulski major corporations, those that are non- I asked the Director of NIH a few Ashcroft Gramm Murkowski patentable or low cost. months ago, who was in my office, how Bennett Grams Murray Very few sponsors of alternative many treatments, or practices, or Bond Grassley Nickles Breaux Gregg Roberts medicines and treatments have the re- medicines they had investigated and Brownback Hagel Roth sources to go through this process. Un- validated since 1992. I was met with a Burns Hatch Santorum fortunately, this means that millions deafening silence. The answer is, none. Campbell Helms Sessions Chafee Hollings of Americans are denied access to im- Yet, next year we are putting $13 mil- Shelby Coats Hutchinson portant alternative medicines and lion into the Office of Alternative Med- Smith (NH) Cochran Hutchison treatments every day. In committee, I icine. One might rightly ask, where is Collins Inhofe Smith (OR) Coverdell Jeffords Snowe proposed and withdraw an amendment it going? What is happening? Craig Kempthorne Specter that would improve the access to med- So the purpose of my amendment was D’Amato Kyl Stevens ical care. It was called the Access to to set up a center to elevate its status Thomas DeWine Landrieu Medical Treatment Act. It was intro- so that that center could do its own Dodd Lieberman Thompson Domenici Lott Thurmond duced this spring by Senator DASCHLE, peer review and have its own grant- Enzi Lugar Warner cosponsored by the majority leader, making authority. That way, we can Faircloth Mack Wellstone Senator LOTT, Senators HATCH, INOUYE, cut through and save a lot of money Ford McCain Wyden myself, and many others. It would and save a lot of time, without in any NAYS—35 allow greater freedom of choice and in- way compromising rigorous scientific Akaka Durbin Lautenberg creased access in the realm of alter- review. That is what this amendment Baucus Feingold Leahy native medical treatments, while pre- does. It also incorporates within that Biden Feinstein Levin center the Office of Dietary Supple- Bingaman Glenn Moseley-Braun venting abuses of unscrupulous practi- Boxer Graham Moynihan tioners. ments, which was also set up at NIH, to Bryan Harkin Reed However, it appears that we may not bring the two of them together in a Bumpers Inouye Reid be ready to move on this important new center which would provide more Byrd Johnson Robb Cleland Kennedy consumer reform. Mr. President, while independence, assure economies of Rockefeller Conrad Kerrey Sarbanes we may not be ready for this, we can- scale and efficiencies without in any Daschle Kerry Torricelli not delay in moving to assure and im- way denigrating good scientific re- Dorgan Kohl prove and expand rigorous scientific re- search. That is the purpose of the The motion to lay on the table the view of alternative and complementary amendment. amendment (No. 1177) was agreed to. therapies. That is the purpose of my Now, I understand that the Senator UNANIMOUS-CONSENT AGREEMENT amendment. from Tennessee is going to raise a Mr. JEFFORDS. Mr. President, I Mr. President, increasingly Ameri- point of order that this amendment is have a unanimous-consent request cans are turning to alternative medi- not germane. Under the rules of clo- which I will offer. cine. A study done by Harvard Univer- ture, I admit that it is not germane. I ask unanimous consent that imme- sity showed, in 1990, American con- That doesn’t mean it is not important. diately following the cloture vote with sumers spent over $14 billion on these It is very important. It is critically im- respect to S. 830, if invoked, there be practices. In that year, there were over portant. It should be passed.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9760 CONGRESSIONAL RECORD — SENATE September 23, 1997 Mr. President, I understand my 5 pressed to hear the numbers. Was I believe we should not be placing minutes are up. I yield 2 minutes to amendment No. 1131 included in that? NIH authorizing legislation on an FDA one of my chief cosponsors, the Sen- Mr. JEFFORDS. There are no non- bill. Rather, the more appropriate ator from Maryland. germane amendments in the unani- process would be to take it through the The PRESIDING OFFICER. The Sen- mous-consent request. committee structure. I should also add, ator from Maryland is recognized. Mr. HARKIN. I appreciate that. for the benefit of my colleagues, most Ms. MIKULSKI. Mr. President, I rise The PRESIDING OFFICER. Without of whom have not addressed this issue to cosponsor Senator HARKIN’s amend- objection, it is so ordered. at all because it has not been through ment to establish the Center of Alter- Who yields time? the committee process, that no legisla- native Medicine. I helped him establish Mr. FRIST. Mr. President, I yield tive bill to establish a center of alter- the Office of Alternative Medicine in myself 9 minutes. native medicine has been introduced 1993 at NIH. Why did I do that? One, be- Mr. President, I rise today to respond into the Senate. Therefore, a bill has cause I want everyone who is sick in to my colleague from Iowa with regard not been referred to the appropriate the United States of America to have to an amendment to the Food and Drug committee, it has not been vetted, it access to all possible means of treat- Administration [FDA] reform bill, to has not had hearings. There has been ment that are safe and have efficacy. establish a new national center for no formal debate. This would create a At the same time, I wanted to prevent complementary and alternative medi- huge center within the NIH without quackery. I also was aware of the Har- cine at the National Institutes of that debate. Therefore, I object to by- vard study by a Dr. Eisenberg that said Health [NIH]. passing this process, again, with a tre- one out of three Americans was using Again, remember the debate today mendous amount of respect for alter- alternative or complementary medi- and the past several days, and maybe native medicine. cine, but we were not aware of sci- through tomorrow, is on the FDA. Yet, My colleague from Iowa is a senior entific investigation to establish its ef- we have introduced an amendment on member of the subcommittee, and he ficacy or its safety. Yet, many of us another agency—the NIH. I oppose the and I have had the discussion that we have enjoyed those practices. offering of this proposal as an amend- do need to look at the appropriate role Some years ago, I had some very se- ment to the FDA bill for that very rea- for alternative medicine at the NIH. vere illnesses. Western medicine was of son. We have scheduled a hearing in early limited utility for me and I turned to Comments have been made earlier October. It has been mentioned on the acupuncture. Acupuncture helped me about the importance of complemen- floor of the Senate that one of the pan- get well and has helped me stay well. I tary and alternative medicine to the els should address the issue of alter- am pleased about that. But there are public and to this country, the impor- native medicine. many other modalities out there being tance of science, and the importance of We have a 4-year history with the Of- utilized by the American consumer. I peer review—all of which I support. I fice of Alternative Medicine. Let’s de- want to make sure they are safe. I have been in the field of medicine, in a bate and look at the results of that his- want to make sure they have efficacy. broad sense, for the last 20 years. I tory. Let’s see the results of peer re- I want NIH to investigate it, and then have been involved in many medical view and see what advances have been I want them to validate it. I believe fields, including a great part of which made. there is merit in this. has been designated as alternative The issue of whether to elevate an of- I am puzzled why NIH wants to con- therapies—at least initially, because fice to a center—again, as I talked to tinually try to submerge this Office of when I first started doing lung trans- my colleagues over the last few weeks Alternative or Complementary Medi- plants, very few had been done in the about taking an office at the NIH and cine. The hallmark of NIH is to have an history of this country before. There- elevating it to a center—is one that I open mind and to pursue scientific in- fore, I, as a scientist, a medical profes- think we need to discuss, but not today vestigation. I believe Senator HARKIN sional, and a U.S. Senator, do feel that on the FDA bill, not over the course of is on the right track. Though this alternative medicine and complemen- a few minutes, but look at it through amendment might not be germane, it is tary medicine is vitally important to the appropriate hearing process. What certainly relevant to the American the health and the well-being of Ameri- does it mean to elevate an office to people. If we don’t find a way to move cans and people throughout the world. center status? What is a center at the it on this bill, let’s explore other ways. What I do oppose, however, is dealing NIH? I hope my colleagues ask them- I yield back such time as I might with this issue of elevating an office to selves right now, do I really know what have. the level of a center when most of our a center at the NIH is? Most will say The PRESIDING OFFICER. Who colleagues do not even know what a no. The role of the current Office of Al- yields time? center in the NIH really means. What ternative Medicine, the office—as out- Mr. JEFFORDS. I have a unanimous- are the responsibilities of a center? lined by the Senator from Iowa, my consent request, Mr. President. What are the authorities? What is the colleague, who basically defined what The PRESIDING OFFICER. The Sen- difference between an office and a cen- the office is —is to coordinate and fos- ator from Vermont is recognized. ter and an institute? As I talk to my ter the conduct and support of alter- UNANIMOUS-CONSENT AGREEMENT colleagues, they do not know. Why? Be- native medicine research at the NIH. Mr. JEFFORDS. Mr. President, I ask cause we have not addressed the issue Right now, the office provides a central unanimous consent that following de- in the appropriate environment—that focus for a research area that is ger- bate and disposition of the Harkin is, through the committee structure. mane to all NIH components. In other amendment, Senator MURRAY be recog- I am the chairman of the Sub- words, the office can work with all the nized for 5 minutes to offer her amend- committee on Public Health and Safe- various institutes. ment No. 1161, and that following her ty, which oversees the reauthorization I understand that the majority of remarks, her amendment be agreed to. of the NIH. We are, right now, looking complementary and alternative re- I further ask unanimous consent that at the reauthorization of the NIH. We search is performed and supported by the following amendments be called up, have held two hearings in the past ex- those 24 centers and institutes and di- considered en bloc and agreed to: A Jef- amining how you set biomedical and visions within the NIH, and it is inte- fords amendment No. 1174; a Jeffords medical research priorities. It is a grated within the scientific research amendment No. 1175; a Kennedy process where we have people come in portfolio of each of those institutes. amendment No. 1152; a Wellstone and testify, and we discuss and debate My colleague is arguing—and he may amendment No. 1156, and Senator back and forth. This amendment, as be right, and that is why we need to DEWINE’s amendment No. 1136, as proposed by the Senator from Iowa, has discuss it—that we must consider al- modified in the amendment I send to not been taken through that process. It ternative medicine being a center in the desk. is being brought to the floor on a bill and of itself. But that would mean that The PRESIDING OFFICER. Is there that does not have anything to do with the scientists and researchers who are objection? the NIH, but rather the FDA bill. responsible for broad areas of science Mr. HARKIN. Reserving the right to Therefore, I do believe it is not ger- may not have the opportunity to inte- object, Mr. President. I was hard- mane. grate alternative medicine into their

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9761 respective research portfolios as they amendment to S. 830 would not afford suffi- The Senator says it should go do today. It needs to be discussed. It cient time or opportunity for such delibera- through the committee structure, that needs to be debated in the appropriate tions. we have not had hearings, and stuff. I The AAMC urges the Senate to reject the say in all friendship—and he is a great forum. effort to attach this proposal to the FDA bill I recognize that the Senator from and instead consider it during the upcoming friend of mine, the Senator from Ten- Iowa has concerns about whether the NIH reauthorization legislation. nessee—that just a couple of weeks ago current approach is working or not. Sincerely, the Senator voted on the Gorton Again, I look forward, through our re- JORDAN J. COHEN, M.D. amendment that cut out title I—voca- authorizing committee, to the Sub- Mr. FRIST. Mr. President, raising tional education, safe and drug-free committee on Public Health and Safe- the Office of Alternative Medicine to a schools, education technology, bilin- ty, on which he serves, to address this center at NIH greatly increases its gual education—knocked it all out. very issue. statutory authority. Has the field of al- And, yet, we never had one hearing on I do know that when you elevate an ternative medicine demonstrated that it. It never went through our com- entity like an office to an institute or track record to date? Again, let’s re- mittee, of which the Senator and I both to center status, the scientific poten- view these issues in the committee sit. We never had any hearings on that. tial of the field should be sufficiently process. The Office of Alternative Med- Yet the Senator from Tennessee says fine. He stepped up and voted to abol- demonstrated so that the new institute icine today clearly does not have the ish all of those without going through or center can support a thriving intra- organizational structure or the nec- mural and extramural program. Are we the hearing process. essary budget to support this pro- But I would say to my friend from at that point today? I do not know. I posal—creating a national center for Tennessee, you want more testimony. daresay that most of my colleagues complementary and alternative medi- Look at the Record. Our subcommittee have not studied this specific issue yet. cine would require setting up a whole on both the appropriations side and on I will have to say that as I have new administrative structure and a the authorizing side have had hearing reached out to people, many others in whole new research infrastructure to after hearing after hearing on this. We the scientific community have raised support this activity. have had all kinds of testimony come concerns about establishing a new cen- Are we ready for that today? Pos- in. ter at the NIH. Let me read to you a sibly. But the most compelling testimony, portion of a letter sent to me from the Let’s ask the scientists around the Mr. President, for this amendment is Association of the American Medical country. Let’s have alternative medi- that more and more Americans are Colleges expressing their concerns: cine researchers come forward and tes- using alternative practices in medi- This is the AAMC, Association of the tify. Let’s ask the National Institutes cines than they are using with main- American Medical Colleges: of Health. Before we go out and create stream doctors. They are spending bil- Any change in the organizational structure another center, which again is a new lions of dollars a year. At last count it of the NIH of this magnitude raises signifi- entity, we need to look at the proposal was over $13 billion in 1 year. cant scientific and administrative ques- about its administration, and about It is up to us to make sure that we do tions.... how it will be paid for. the adequate scientific research to find Further, the AAMC believes all members of Again, the watchwords today are out what alternative medicines are the research community should have the op- portunity to address these issues in a full ‘‘consolidation and coordination,’’ not working and what are not. and public manner during a hearing con- proliferation. That is why this center is needed. It ducted by the subcommittee. Mr. President, I would like to reserve may not be germane to this bill. But I will tell you. It is needed. It is dras- Mr. President, I ask unanimous con- the remaining minute of my time. The PRESIDING OFFICER. Who tically needed today—not next year or sent that the letter by the AAMC be yields time? 2 years or 3 years from now. We have printed in the RECORD. Mr. HARKIN. Mr. President, I have a had enough testimony basically from There being no objection, the letter couple of minutes. the American people. was ordered to be printed in the The PRESIDING OFFICER. The Sen- Mr. President, I ask unanimous con- RECORD, as follows: ator from Iowa has 2 minutes and 45 sent to have printed in the RECORD a ASSOCIATION OF seconds. letter from a number of organizations AMERICAN MEDICAL COLLEGES, Mr. HARKIN. Mr. President, I will re- supporting the amendment. Washington, DC, September 16, 1997. spond to my friend from Tennessee who There being no objection, the mate- Hon. BILL FRIST, rial was ordered to be printed in the Chairman, Subcommittee on Public Health and made the argument. He said it would Safety, Committee on Labor and Human Re- create a huge center at NIH. I am RECORD, as follows: sources, U.S. Senate, Washington, DC. sorry. The Office of Alternative Medi- To the Honorable Tom Harkin, United States DEAR CHAIRMAN FRIST: The Association of cine has 14 employees, the last count I Senate: American Medical Colleges (AAMC) opposes had, and its budget next year is $13 We write in support of the proposed amend- efforts to attach to the pending FDA reform ment to Bill S. 830, the purpose of which is to million out of $13 billion at NIH. That increase the authority of the Office of Alter- bill, S. 830, a proposal creating a National is one-tenth of 1 percent. Huge? I beg Center for Complementary and Alternative native Medicine by creating in its place a na- Medicine at the National Institutes of to differ. tional Center for Complementary and Alter- Health (NIH). There are only two changes under native Medicine at NIH. It is our understanding that this amend- Any change in the organizational structure this amendment. It provides that it ment would assure that relevant projects are of the NIH of this magnitude raises signifi- could make grants, that it could do its reviewed by scientists with expertise in the cant scientific and administrative questions. own grants, and could have peer re- particular area of complementary and alter- The AAMC believes that research into com- view. That is the only difference. We native medicine proposed to be studied, and plementary and alternative medical prac- are not creating anything new and the Center would have the ability to directly tices is best conducted by the individual dis- huge. It is up to the Congress to decide fund projects without oversight from other ease-based institutes, and that creating a later on if they want to expand it or NIH Institutes. In addition, the Office of Die- separate office will isolate and impede rather tary Supplements would be included within than promote and coordinate ongoing re- not. I am just changing its status. Also, Mr. President, I want to say the proposed Center, thereby ensuring im- search activities in these areas. Moreover, it proved coordination of research and resource appears that the additional administrative that if it were not for this point of allocation. costs associated with the creation of a new order this amendment would pass. The These reforms will, in our view, facilitate organizational entity at the NIH are not jus- cosponsors are Senators HATCH, and expedite the implementation of rigorous tified at the present time. DASCHLE, CRAIG, MIKULSKI, LUGAR, and scientifically based evaluation of com- Further, the AAMC believes all members of SPECTER, GRASSLEY, DURBIN, plementary and alternative medical thera- the research community should have the op- pies. Patients and their families need and de- WELLSTONE, MOSELEY-BRAUN, and a portunity to address these issues in a full serve responsible and authoritative advice and public manner during a hearing con- number of others. I am not going to concerning the use or avoidance of these ducted by your subcommittee. The nec- read them all. therapies. We must therefore do more to dis- essarily limited floor debate that would This amendment would pass, if the tinguish useful from useless complementary occur if this proposal is considered as an point of order were not raised. and alternative medical interventions.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9762 CONGRESSIONAL RECORD — SENATE September 23, 1997 We thank you for your efforts in this area. throughout this process. I appreciate ficient resources are available to de- Sincerely, their willingness to work with us on re- finitively prove what has been dem- DAVID M. EISENBERG, M.D., forms aimed at creating a more level onstrated again and again on an anec- Beth Israel Deaconess playing field for alternative medical dotal basis. A small firm or single prac- Medical Center, Har- vard Medical School. treatments. titioner may not have access to the re- BRIAN M. BERMAN, M.D., And I would be remiss if I did not ac- sources necessary to conduct large- Complementary Medi- knowledge my good friend Berkley Be- scale clinical trials in the U.S. to docu- cine Program, Uni- dell, who represented Iowa’s sixth con- ment the safety and effectiveness of a versity of Maryland. gressional district so ably for 12 years. drug or device. If the treatment isn’t WILLIAM L. HASKELL, Berk has worked tirelessly, against patentable or profitable, it may be dif- PH.D., strong odds, to give consumers more ficult to attract the interest of drug or School of Medicine, health care options, and the fact that device companies. Stanford University. we are here today, talking about the FREDI KRONENBERG, PH.D., This doesn’t mean the drug doesn’t Center for Complemen- potential of alternative medicine, is work or isn’t safe. It means we don’t tary and Alternative largely due to his vision, conviction know. How many beneficial alternative Medicine Research and persistence. treatments gather dust because they in Women’s Health, For those of us whose health and are not ‘‘brand name’’ material? Columbia Univer- well-being may ultimately depend on Even more important is the issue of sity. these options, Berkley Bedell’s con- safety. Regardless of the obstacles hin- M. ERIC GERSHWIN, M.D., tribution is an invaluable one. Thank dering alternative medical treatments, Division of you, Berk, for your time, energy and Rheumatology, Al- they are increasingly popular. A 1993 unyielding commitment to expanding lergy, and Clinical article in the New England Journal of consumers’ choices. Immunology, Uni- Medicine reported that more than one- The strategy outlined in this amend- versity of California, third of Americans use alternative, Davis. ment—increasing the autonomy and nonconventional medical treatments. GUY S. PARCEL, PH.D., authority of the NIH Office of Alter- Center for Health Pro- native Medicine —is a sorely needed In 1990 alone, Americans spent over motion Research and and long overdue response to the obsta- $14 billion on these treatments. Con- Development, The cles hindering access to alternative sumers are using these medical treat- University of Texas, ments, yet research on the safety and Houston. medical treatments. Under this amend- ment, the role of the NIH Office of Al- effectiveness of alternative treatments SAMUEL C. SHIFLETT, remains scarce, and the current regu- PH.D., ternative Medicine would be enhanced Research Department, through the authority to conduct and latory system remains focused on Kessler Institute for support intramural and extramural re- large-scale, mainstream medicines. Rehabilitation, Inc. search. This amendment is intended to open ANN GILL TAYLOR, R.N., The Office would no longer be rel- doors to alternative treatments so that EC.D., FAAN, egated to the second tier, placed in the they can be assessed for safety and ef- Center for the Study of untenable position of convincing other fectiveness and, when they are found to Complementary and Alternative Thera- institutes within NIH to take on as be safe and effective, made widely pies, University of part of their own resource-constrained available. Virginia School of agendas, projects the Office deems im- It’s the right thing to do, and the Nursing. portant. As a full research institute, longer we wait to do it, the more op- LEANNA J. STANDISH, N.D., the Office of Alternative Medicine portunities we forsake to make use of PH.D., could respond to the growing interest beneficial medical treatments. This AIDS Research Center, in alternative treatments by identi- amendment promotes the best inter- Bastyr University. fying research gaps and fulfilling those THOMAS J. KIRESUK, PH.D., ests of every health care consumer in Center for Addiction gaps on a timely basis. the Nation, and I am proud to support and Alternative Mr. President, as you may recall, in it. Medicine Research, February Senator HARKIN and I re- The PRESIDING OFFICER. Who University of Min- introduced the Access to Medical yields time? nesota Medical Treatment Act, a bill intended to give Mr. FRIST. Mr. President, how much School. consumers greater freedom to use al- time is remaining? Mr. DASCHLE. Mr. President, I am ternative and complementary medical pleased to cosponsor this amendment treatments. The bill provoked some The PRESIDING OFFICER. The Sen- with my friend from Iowa. The amend- controversy, as was expected. ator from Tennessee has 1 minute. ment promotes the same fundamental There is no stronger opponent to Mr. FRIST. Mr. President, in closing, goals that have fueled FDA reform— change than the status quo, no matter to go right to the heart of the matter, that is, to improve access to safe and how valuable. It has become abun- to increase and elevate the alternative effective medical treatments, and re- dantly clear that unless we shake medicine from an office to a center spond to the growing popularity of al- things up a little, we will continue to needs to be addressed, but not in this ternative health care options. tread water in our efforts to tap the forum. To establish a center means you I commend Senator HARKIN for his full potential of alternative medical give it grantmaking authority, estab- dedication to breaking down barriers treatments. Like S. 578, this amend- lish an advisory council, and you in- that are too often a function of igno- ment definitely shakes things up, but struct the center to study the integra- rance, inertia or territorialism in order it does so from a different angle. tion of alternative medicine, establish to increase the health care options S. 578 promotes the idea that con- a new data system, establish research available to all Americans. Senator sumers should be free to use nontradi- centers, all of which is something that HARKIN has advocated long and hard tional medicines. This amendment con- is not just moving toward peer review. for openminded exploration of treat- fronts the resource barriers that pre- We will address it in the future— ments outside the box of western medi- vent essential research into the bene- hopefully actually in a panel 2 or 3 cine, and we owe him a debt of grati- fits and risks of alternative treat- weeks from now, in early October. tude both for his common sense and his ments. POINT OF ORDER vision in promoting the safe and effec- Too often an alternative treatment is tive use of promising alternative treat- written off because, the traditional Mr. President, I make a point of ments. medical establishment claims, there is order that the pending amendment No. I would also like to thank Senator no proof of its effectiveness. In fact, 1137 is not germane. JEFFORDS and Senator KENNEDY for untested does not necessarily translate The PRESIDING OFFICER. The their commitment and leadership as ineffective. It may mean that insuf- point of order is sustained.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9763 The amendment falls. Secretary may by regulation, after notice for a symbol, like a skull and cross Mr. COATS addressed the Chair. and opportunity for written and oral presen- bones to be placed on mouthwash or The PRESIDING OFFICER. The Sen- tation of views, exempt from subsection (a), hair coloring, and they make a strong ator from Indiana is recognized. under such conditions as may be prescribed and sound case, the Secretary can be in such regulation, a State or political sub- Mr. COATS. Mr. President, I ask division requirement that— convinced. However, in order to comply unanimous consent to speak for 2 min- ‘‘(A) protects an important public interest with the act and not unduly burden utes prior to the scheduled vote on the that would otherwise be unprotected, includ- interstate commerce, she must make committee substitute. ing the health and safety of children; this a national labeling requirement. The PRESIDING OFFICER. Is there ‘‘(B) would not cause any drug to be in vio- Now Washington State faces a situa- objection? lation of any applicable requirement or pro- tion where they have a Mr. Yuk Pro- Without objection, it is so ordered. hibition under Federal law; and gram and must also teach about the ‘‘(C) would not unduly burden interstate Mr. COATS. Mr. President, in 2 min- commerce. skull and cross bones warning. This utes we will be voting on the FDA re- ‘‘(2) TIMELY ACTION.—The Secretary shall would be extremely confusing to young form bill. make a decision on the exemption of a State children in my State. I can say that as This committee substitute has been or political subdivision requirement under a former teacher. legislated for a 21⁄2 year period thor- paragraph (1) not later than 120 days after re- Both of my amendments that I put oughly and carefully and responsibly. ceiving the application of the State or polit- forward attempted to address this It is a piece of work that has received ical subdivision under paragraph (1). issue. My first amendment would add a 14-to-4 vote in committee by Demo- Mrs. MURRAY. Thank you, Mr. poison control efforts using symbols in crats and Republicans. People of dif- President. the criteria a State can use to petition ferent philosophical backgrounds have Mr. President, I filed two amend- the Secretary and change the ‘‘and’’ to supported it. It is legislation that has ments to this bill, the intent of which an ‘‘or’’ unduly burdening interstate survived two filibusters, and the clo- were aimed at what I believe is a seri- commerce; giving the Secretary the op- ture votes have been overwhelming to ous problem with national uniformity. portunity to continue to allow States move forward. It is legislation that has And that is the issue of poison control to have their own poison control pro- been changed and modified 34 times to labeling to prevent unintentional expo- grams if they decide that a voluntary meet the objections of the Senator sure to dangerous over-the-counter effort has not worked. Only through a from Massachusetts and some others drugs and cosmetics by children. mandate requirement will they be able about its deficiencies; 34 modifications During markup of this bill, national to protect young children. Simply since that 14-to-4 committee vote. uniformity for labeling of over-the- changing the ‘‘and’’ to an ‘‘or’’ would There are 8 days left in this month counter drugs and cosmetics was give the Secretary the needed flexi- before PDUFA—the tax on the drug adopted as an amendment. At the time, bility, and would at least guarantee companies that funds up to 600 employ- I raised concerns that I have about the that one State requirement would not ees at FDA to review and to expedite State of Washington’s successful Mr. become a national requirement if it the review of drugs—8 days left before Yuk campaign which simply teaches was not applicable to all 50 States. that authorization expires. The clock children and parents about the dangers Mr. President, my amendments have is ticking. FDA will be laying off more of many common household products. I strong opposition by the industry. than 600 people in just 8 days unless we was concerned at the time that this They simply don’t want to have 50 dif- can move this legislation forward. We program, which I have personal experi- ferent State legislatures coming for- don’t need more filibusters. We don’t ence with and know how successful it ward with 50 different proposals. And I need more debate. It is time to move is, would be in jeopardy. certainly believe there is an argument forward. If we do not, drug and device This is a Mr. Yuk sticker. It is a for preemption in many situations. But reviews will be delayed substantially, small green sticker that parents and I don’t believe there is one in this case. and reform will be stopped. Responsible teachers can put onto products—toxic I am really at a loss as to why sup- people have legislated responsibly, and household products. And kids across porters of the uniformity language in I urge my colleagues to support us on my State are taught if they see a Mr. one breath talk about the need to re- this vote coming up. Yuk sticker they don’t swallow what is form and revitalize the FDA to prevent The PRESIDING OFFICER. Under inside of it. unnecessary delays in approving drugs the previous agreement, the Senator I was concerned that national uni- and devices and then in the next breath from Washington is recognized for up formity would harm my State’s ability talk about how States must petition an to 5 minutes on amendment No. 1161. to continue this very important pro- already overburdened agency for the gram. I raised this point during mark- approval to do what they have been AMENDMENT NO. 1161 up, and I was assured that the objec- doing for years without any public (Purpose: To modify the exemption require- tive of the amendment on national uni- ments relating to national uniformity for threat of consumer confusion problems. nonprescription drugs to provide an exemp- formity was not to impede a State’s It is interesting to note that the tion for a State or political subdivision re- ability to protect their children. managers’ amendment does exempt one quirement that protects the health and Since the markup, I have become State from uniformity. Our State is safety of children) even more concerned about poison con- going to be treated differently. One Mrs. MURRAY. I send an amendment trol labeling. I am well aware of the State, the State of California, will be to the desk fact that Mr. Yuk is voluntary, and allowed to bypass the petition process The PRESIDING OFFICER. The there is no State mandate involved. and have different health and safety la- clerk will report. However, this is where I became con- beling cosmetics. The assistant legislative clerk read cerned. Under the uniformity language Because of the strong opposition to as follows: that is contained in this bill, a State my original amendment and the well- The Senator from Washington (Mrs. MUR- can petition the Secretary for a man- financed national campaign to defeat RAY) proposes an amendment numbered 1161. dated labeling requirement on OTC’s my amendment, I have revised my lan- guage. The new amendment which I am Mrs. MURRAY. Mr. President, I ask and cosmetics if they meet certain pub- offering today will at least acknowl- unanimous consent that reading of the lic health and safety standards, and edge the importance of protecting amendment be dispensed with. if—and only if—the labeling require- health and safety of children, and will The PRESIDING OFFICER. Without ment does not unduly burden inter- require the FDA to act on a State’s pe- objection, it is so ordered. state commerce. This standard is ex- tition within 120 days. The new amend- The amendment is as follows: tremely high and the only way for a State to meet the threshold is for the ment does not address all of my con- Beginning on page 117, strike line 24 and Secretary to make the requirement a cerns. But because there has been a all that follows through page 118, line 10, and insert the following: national requirement. strong lobby and I am only one Senator ‘‘(b) EXEMPTION.— What does this mean for Mr. Yuk? If that seems to be concerned about poi- ‘‘(1) IN GENERAL.—Upon application of a New York, based on a local health con- son control, I recognize that my origi- State or political subdivision thereof, the cern files a petition with the Secretary nal amendment does not have the

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9764 CONGRESSIONAL RECORD — SENATE September 23, 1997 votes. But I cannot allow these uni- of operating. We have tested it long enough As the FDA’s testimony indicates, formity provisions to go to conference to know it increases compliance * * * Now there is reason to believe that encour- without some recognition of the health we can move beyond pilot programs for part- aging the agency to interact appro- and safety of children. nership into the mainstream. priately with the public can have prac- So I thank the chairman for working The purpose of the Hatch-Wyden tical benefits. with me. I am pleased that he has rec- amendment is to inject this spirit of We firmly believe that if the Con- ognized my efforts and has supported partnership right into the FDA mission gress formally embraces the principle the pending underlying amendment statement. Giving such prominence of partnership in the FDA mission which has already been agreed to. and visibility to the idea of partnership statement we will help create an at- I thank the Chair. I yield my time. can help the agency better fulfill its mosphere conducive to improving the The PRESIDING OFFICER. Is there public health mission. public health. Accordingly, I hope my In no way does the Hatch-Wyden further debate on the amendment of- colleagues will support giving the FDA amendment limit, or is intended to fered by the Senator from Washington? a 21st century mission statement. limit, FDA from carrying out its en- If not, the question is on agreeing to Mr. WYDEN. Mr. President, I am forcement obligations. The Hatch- the amendment of the Senator from happy to join my colleague Senator Wyden amendment does not concern Washington. HATCH in offering an amendment which itself with particular regulatory deci- The amendment (No. 1161) was agreed will add strength, substance, and a new sions, that is, product approvals, en- to. level of appropriate public account- forcement sanctions, etc., rather it The PRESIDING OFFICER. Is there ability and involvement in the mis- simply clarifies that as part of the gen- further debate? sions of the Food and Drug Administra- eral manner in which the agency con- Mr. JEFFORDS addressed the Chair. tion. ducts itself, FDA should work closely The PRESIDING OFFICER. The Sen- Quite simply, our amendment pro- with those affected by its regulatory ator from Vermont. vides for real access and participation actions. by patients and consumer groups, AMENDMENTS NOS. 1182, AS MODIFIED, AND 1183 We are informed that the FDA is sup- science and health experts, and the reg- Mr. JEFFORDS. Mr. President, I ask portive of this amendment so long as ulated manufacturers in appropriate unanimous consent to call up and language is added to make clear that policy making functions within the adopt Senator HATCH’s amendment No. the Secretary has discretion to see scope of the agency’s missions. 1183, and 1182, as modified by the that only appropriate interactions be- As my colleague Senator HATCH has amendment, which I send to the desk. tween FDA and outsiders take place. pointed out, our amendment under- The PRESIDING OFFICER. Is there We have incorporated this change. scores the real partnership FDA must objection? In order to fulfill its current statu- forge with all Americans as it conducts Without objection, it is so ordered. tory responsibilities FDA routinely so- its work certifying the safety and ef- AMENDMENT NO. 1182 licits advice from dozens of standing fectiveness of so many products impor- Mr. HATCH. Mr. President, the advisory committees of outside experts tant to our everyday lives. Hatch-Wyden amendment, number 1182, and consults with its colleagues at the I certainly want to acknowledge and modifies FDA’s mission statement con- National Academy of Sciences, the Na- applaud the assistance and encourage- tained in S. 830. tional Institutes of Health, the Centers ment of our colleagues Senators JEF- For the first time, this legislation for Disease Control and Prevention and FORDS and KENNEDY with regard to the puts into statute a mission statement many others. Similarly, FDA works development of the FDA reform bill for the Food and Drug Administration. closely with consumer groups such as generally, and their work with us in Because of its important public health patient advocacy groups and various perfecting the agency’s mission state- role, Congress needs to give FDA the regulated entities such as manufactur- ment in particular. proper mission. ers of foods, drugs, cosmetics and med- I believe this legislation will help In short, the Hatch-Wyden amend- ical devices. create the dialog necessary between ment charges FDA to act in partner- In fact, S. 830 contains many par- the agency and all interested parties in ship with the public, scientific experts, ticular provisions that detail partner- order to effectively exercise all of the and regulated entities as the agency ships between FDA and others such as other far-reaching elements of this re- performs its critical public health mis- the reauthorization of the user fee pro- form bill. I was very pleased to have sion. The language of our amendment visions for new drug review, and the played some part in the development of simply makes explicit what is already rules that grant access to experimental that legislation and the broader reform implicit, proper, and, in fact, nec- drugs for patients suffering from seri- effort, and I know that American citi- essary: that FDA should work, ‘‘in con- ous or life-threatening conditions. zens dependent on pure food, life-saving sultation with experts in science, medi- In March 1997 testimony to the Sen- new drugs and medical devices, and cine, and public health and in coopera- ate Labor Committee, Dr. Michael safe electronic equipment will benefit tion with consumers, users, manufac- Friedman, the highest ranking FDA of- for many years to come from the work turers, importers, packers, distribu- ficial, observed: we do here, today. tors, and retailers of regulated prod- One of the themes that runs throughout AMENDMENT NO. 1183, AS MODIFIED ucts.’’ the Agency’s efforts to improve its perform- Mr. HATCH. Mr. President, the sec- ance of involving all stakeholders both in de- ond amendment we are considering, As longtime advocates of modern- fining the problems that exist and in devel- izing and reforming the FDA, Senator No. 1183, will encourage the prompt and oping appropriate solutions. complete reporting of potentially vital WYDEN and I are convinced that this While this amendment is philo- amendment will help FDA improve and public health information to the FDA. sophical and exhortatory in nature, we Essentially, my proposal codifies a protect the public health. Regulators believe this philosophy, if adopted, can rule that already applies to drugs and can increase their effectiveness if they achieve tangible benefits for the FDA medical devices and makes it applica- act more closely in concert with the and pubic alike. As Lead Deputy Com- ble to all FDA-regulated products. public that they serve. missioner Friedman testified: Specifically, my amendment would As Vice President GORE, the leader of This model of public participation . . . is codify the liability disclaimer provi- the administration’s Reinventing Gov- most clearly delineated in the procedures sions that appear at 21 CFR section ernment initiative, has said: the Agency has promulgated for the issuance 803.16, for devices; 21 CFR section We can put the days of almighty holier- and use of Agency guidance documents. Con- 314.80(l), for new drugs; and, 21 CFR than-thou, mister-know-it-all Washington cerns about the absence of public input on 312.32(e), for investigational new drugs. behind us. We can become partners.’’ guidance documents and the inappropriate My amendment is closely patterned Business owners and local governments are application of such guidance raised in a Citi- noticing the changes, too, as the federal gov- zen’s Petition . . . and were the subject of a after these three provisions of existing ernment becomes more of a partner and less [House] hearing. . . In response to these con- regulation. of an adversary. cerns, the Agency undertook a thorough re- The public health benefit and ration- Regulatory agencies are on orders to make view . . . We found inconsistencies and lack ale for my amendment are simple: A partnership with business their standard way of clarity, and we set about to fix it. rule that encourages reporting to the

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9765 FDA of any alleged adverse incident pends on what is in the report and the president of the Utah Life Science In- now and resolving liability issues later, veracity of that information. dustries Association, and Alan F. helps the FDA achieve its public health What the rule says simply is that the Holmer, president of the Pharma- mission. mere filing of the legally required re- ceutical Research and Manufacturers The FDA is a public health agency, port in and of itself does not establish of America, be printed in the RECORD. not an arbiter of tort liability. That is liability. There being no objection, the letters the job of the courts. One can easily imagine a case where were ordered to be printed in the But what is important for the public a device malfunctioned and the MDR RECORD, as follows: health is that FDA be able to receive report does, and should properly be PHARMACEUTICAL RESEARCH AND quickly and completely raw data per- used to, establish liability. An example MANUFACTURERS OF AMERICA, taining to adverse experiences with would be a case in which a heart pace- Washington, DC, September 17, 1997. products under its regulatory purview. maker short circuited and failed. Hon. ORRIN HATCH, Please understand that my amend- On the other hand, there will be occa- U.S. Senate, Russell Senate Office Building, Washington, DC. ment, like the existing regulations, is sions when required reports do not nec- DEAR MR. CHAIRMAN: You have asked for tort neutral. essarily establish any fault on the part comment on two proposed amendments to S. Nothing in my amendment, or in the of the manufacturer. An example of 830. We are pleased to offer our support for existing regulations, increases or de- this might include a case in which a these amendments. creases an ultimate finding of liability. medical scalpel is used as a murder We particularly endorse Section 908, Safety The Hatch amendment simply says Report Disclaimers, which would place into weapon; an unfortunate, legally report- law a disclaimer that is currently found in that the mere filing of an adverse reac- able event no doubt, but not one likely FDA regulations. It should be noted that on tion report or submission of other in- to establish fault on the part of the page 2, line 3, the word ‘‘necessarily’’ is no formation to FDA does not necessarily manufacturer. longer found in the Medwatch disclaimer reflect an admission of fault or a find- Building on the success of the dis- which was drafted more recently than the ing of liability on the part of a manu- claimer statement in the medical de- FDA regulation and pertains to the same cir- facturer or the Federal Government. vice rule, the FDA later included simi- cumstances which give rise to the need for Of course, the actual information lar language both for approved and in- the disclaimer. It would be an improvement if the word necessarily were deleted from the contained in the report may, or may vestigational drugs. amendment, but in any case PhRMA compa- not, justify a finding of liability but Once again, the rule advances the nies support the need for the disclaimer in that is an entirely other matter. FDA’s public health mission by helping legislation. What this amendment says is that to get information to the FDA in a We would also support the suggested the mere filing of a report does not timely and complete fashion. amendment to the mission statement which automatically mean anything with re- The Hatch amendment codifies the sets forth a more collaborative and coopera- spect to the issue of liability. basic regulation that now applies to tive mission for the agency. PhRMA believes This is a public health amendment that the agency has responsibility to both mandatory reports that device and protect and promote the public health. There that encourages timely reporting and drug manufacturers now must make are times when the pendulum has swung too complete reporting to the FDA. and establishes this basic principle of far toward enforcement at the expense of the Let me give a little background into ‘‘report now, resolve liability issues agency’s mission to help bring safe drugs to the amendment and the existing FDA later’’ for all products under the FDA’s patients sooner. rules that it builds upon. regulatory domain. Sincerely, Back in mid-1980’s when FDA issued This would include products like ALAN F. HOLMER. proposed and final rules governing foods, cosmetics, and dietary supple- UTAH LIFE SCIENCE mandatory reporting for adverse inci- ments, as well as drugs and devices. INDUSTRIES ASSOCIATION, dents with respect to medical devices, So, I have drafted the amendment to Salt Lake City, UT, September 18, 1997. a concern arose among those subject to cover situations where there are no rig- Hon. JAMES M. JEFFORDS, these new reporting requirements. orous mandatory reporting require- U.S. Senate, Hart Senate Office Building, In particular, there arose concern ments, such as those which now govern Washington, DC. about the tight reporting timeframe drugs and devices. DEAR MR. CHAIRMAN: I am writing as Presi- for reporting deaths and serious inju- For example, we have heard a lot in dent of the Utah Life Science Industries As- sociation, concerning the two proposed ries. the press recently about the Chesa- amendments by Senator Hatch to S. 830. We The argument was that medical de- peake Bay outbreak of Pfiesteria. Obvi- are happy to extend our support for the two vice firms should have an opportunity ously, it would be in the public interest amendments. to conduct fully its own investigation for the Government to have reports We are pleased to support the amendment into alleged malfunctions of its prod- about the incidence of this toxic mi- to the missions statement. We support the ucts before turning over these reports crobe. That is something we would idea of a partnership between the FDA and to FDA. want to encourage. the private sector, in such that the FDA will consult with experts in science, medicine, After all, went the argument, this in- I believe that it is more likely this public health, and in cooperation with con- formation which may have come from information, even sketchy third-party, sumers and users. We believe that this will interested third parties—such as doc- unverified reports, would be trans- ‘‘help ensure’’ the public health. tors and patients—could place the mitted to FDA if this disclaimer clear- We are supportive of the amendment to the manufacturing firm in a precarious po- ly applied in this situation. Safety Report Disclaimer, and can see a need sition vis-a-vis liability. What is good policy for drugs and de- for this amendment. The amendment will en- Inevitably, some reports will contain vices, is also good policy for foods, cos- courage manufacturers to send safety data to the FDA, therefore, helping the FDA to inaccurate information but regardless metics, dietary supplements, and other protect the public good. of this it is clear that the FDA had an products under FDA’s jurisdiction. Utah Life Science Industries Association overriding public health interest in The Hatch amendment embraces the was formed three years ago by the Biotech- getting this information as quickly as ‘‘report now/resolve liability later’’ nical, Biomedical and Medical Device indus- possible to see whether a national rule that is already in place by regula- tries in Utah. We represent the interest of trend was developing. tion for drugs and medical devices and these Utah companies on local and national The way this matter was resolved in issues. We are pleased that you and Senator applies this principle for all FDA-regu- Hatch have shown such great interest and the final medical device reporting rule lated products, and further applies the concern for our industry. was with the inclusion of language that provision both to mandatory and vol- Sincerely, permitted manufacturers to disclaim untary reports. BRIAN H. MOSS, liability based solely on the filing of This is a consumer-friendly, FDA- President. the report with the FDA. friendly, tort-neutral provision and I Mr. JEFFORDS. Mr. President, I ask To be sure, the information con- urge its adoption. for the yeas and nays on the adoption tained in the report might be used to Mr. President, I ask unanimous con- of the committee amendment. establish, or help establish, liability on sent that letters in support of these The PRESIDING OFFICER. Is there a the part of the manufacturer. That de- two amendments from Brian H. Moss, sufficient second?

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9766 CONGRESSIONAL RECORD — SENATE September 23, 1997 At the moment there is not a suffi- safety of a product (including a product islation on FDA’s authority to regulate cient second. which is a food, drug, new drug, device, die- tobacco. I believe we all have the same Mr. JEFFORDS. Mr. President, I tary supplement, or cosmetic) under this Act intent. make a point of order that a quorum is (and any release by the Secretary of that re- In drafting S. 830, my intent was and port or information), such report or informa- is to improve the efficiency and ac- not present. tion shall not be construed to necessarily re- The PRESIDING OFFICER. The flect a conclusion by the entity or the Sec- countability of the product review clerk will call the roll. retary that the report or information con- process at FDA. In drafting section 404, The assistant legislative clerk pro- stitutes an admission that the product in- we modified a provision in the FDA re- ceeded to call the roll. volved caused or contributed to an adverse form bill from the 104th Congress in an Mr. JEFFORDS. Mr. President, I ask experience, or otherwise caused or contrib- effort to more accurately capture our unanimous consent that the order for uted to a death, serious injury, serious ill- policy intent—my point is that the the quorum call be rescinded. ness, or malfunction. Such an entity need subject matter is section 404 has been not admit, and may deny, that the report or under consideration in the Senate The PRESIDING OFFICER (Mr. GOR- information submitted by the entity con- TON). Without objection, it is so or- Labor Committee, as well as in legisla- stitutes an admission that the product in- tion introduced in the House, for sev- dered. volved caused or contributed to an adverse Mr. JEFFORDS. Mr. President, I ask experience or caused or contributed to a eral years. The concern over FDA’s to- for the yeas and nays on adoption of death, serious injury, serious illness, or mal- bacco authority came to our attention the committee amendment, as modi- function.’’. only after the markup of this bill in fied. AMENDMENTS NOS. 1174, 1175, 1152, 1156, AND 1136, committee, in June of this year. Section 404 introduces needed ele- The PRESIDING OFFICER. Is there a AS MODIFIED ments of due process to certain, very sufficient second? There is a sufficient The PRESIDING OFFICER. Under limited aspects of medical device re- second. the preceding order, the Senate will views. None of the language in S. 830 is The yeas and nays were ordered. consider the following amendments, intended to address FDA’s tobacco au- The PRESIDING OFFICER. Without numbered 1174, 1175, 1152, 1156, 1136, as modified. The question is on agreeing thority. Late in the course of negotia- objection, the two preceding amend- tions on this bill, FDA raised the possi- ments sent up by the Senator from to the amendments en bloc. Without objection, the amendments bility that section 404(b) might be in- Vermont are agreed to. terpreted to limit the agency’s future The amendments (Nos. 1182, as modi- en bloc are adopted. The amendments (Nos. 1174, 1175, tobacco regulation authority. At the fied, and 1183) were agreed to, as fol- time we told the agency we did not lows: 1152, 1156, and 1136, as modified) were agreed to, as follows: agree with their interpretation but AMENDMENT NO. 1182 eventually offered to insert the rule of AMENDMENT NO. 1174 (Purpose: To improve the mission construction now before us in the sub- statement.) (Purpose: To maintain authority of the Food and Drug Administration to regulate to- stitute to make absolutely clear our Beginning on page 4, strike line 11 and all bacco) neutrality on the tobacco issue. Subse- that follows through page 5, line 6, and insert On page 30, strike lines 17 and through 20, quently, FDA and others have raised the following: and insert the following: the possibility that section 404(a) of S. ‘‘(1) IN GENERAL.—The Secretary, acting (c) RULE OF CONSTRUCTION.—Nothing in the 830 could also affect FDA’s authority in through the Commissioner, and in consulta- amendments made by subsections (a) and (b) this area. As you mentioned, the Con- tion, as determined appropriate by the Sec- shall be construed to alter any authority of gressional Research Service, American retary, with experts in science, medicine, the Secretary of Health and Human Services and public health, and in cooperation with Law Division, has evaluated S. 830 and to regulate any tobacco product, or any addi- determined that it, in fact, does not consumers, users, manufacturers, importers, tive or ingredient of a tobacco product. packers, distributors, and retailers of regu- interfere with any tobacco authority lated products, shall protect the public Mr. NICKLES. Mr. President, Mem- FDA may have. This analysis was made health by taking actions that help ensure bers of this Chamber are well aware of part of the CONGRESSIONAL RECORD on that— the national debate on the question of September 5. ‘‘(A) foods are safe, wholesome, sanitary, the Food and Drug Administration’s None of the provisions of S. 830 or the and properly labeled; jurisdiction to regulate tobacco and to- substitute should be interpreted as ‘‘(B) human and veterinary drugs, includ- bacco products. To highlight the scope taking a position, one way or the ing biologics, are safe and effective; of this debate, I want to point out that ‘‘(C) there is reasonable assurance of safety other, on whether FDA has any author- and effectiveness of devices intended for this question is currently under review ity under current law to regulate to- human use; by the U.S. Court of Appeals. It is also bacco products, which as you know, is ‘‘(D) cosmetics are safe; and a significant issue of debate between the subject of ongoing litigation in the ‘‘(E) public health and safety are protected Members of Congress as well as Con- Federal courts. The intention of the from electronic product radiation. gress and the administration. I am con- rule of construction in the substitute is ‘‘(2) SPECIAL RULES.—The Secretary, acting cerned that the inclusion of this provi- to make clear that the Federal courts through the Commissioner, shall promptly sion may be interpreted by some as an can continue to determine FDA’s au- and efficiently review clinical research and take appropriate action on the marketing of attempt by Congress to indirectly af- thority over tobacco without any in- regulated products in a manner that does not firm FDA’s authority to regulate to- terference from this act. Thus, the lan- unduly impede innovation or product avail- bacco. guage in section 404 has no effect on ability. The Secretary, acting through the It is my understanding that a recent whether or not FDA has authority over Commissioner, shall participate with other report from the American Law Division tobacco products, it only relates to a countries to reduce the burden of regulation, of the Congressional Research Service procedural aspect of reviewing 510(k) to harmonize regulatory requirements, and stated that section 404 or any other medical device submissions. to achieve appropriate reciprocal arrange- provision in the FDA reform bill To sum up, I am pleased to offer an ments with other countries.’’. ‘‘would not interfere with or lessen the amendment extending the rule of con- agency’s authority to regulate tobacco AMENDMENT NO. 1183 struction to all of section 404 on the products.’’ I notice that a rule-of-con- basis outlined in my preceding re- (Purpose: To provide for a disclaimer with respect to safety reports) struction amendment has been in- marks—to keep the bill strictly neu- cluded in the FDA reform bill that is tral on the question of FDA tobacco At the appropriate place, insert the fol- lowing: intended to clarify further that section authority, that is that we are not pre- 404 of the bill will not affect any au- judging the outcome of any pending SEC. . SAFETY REPORT DISCLAIMERS. Chapter IX (21 U.S.C. 391 et seq.), as thority which the FDA may have to litigation on any tobacco authority the amended by section 804, is further amended regulate tobacco. Is this the under- FDA may have. Further, it is my view by adding at the end the following: standing of the Chairman? that if this provision is included in the ‘‘SEC. . 908. SAFETY REPORT DISCLAIMERS. Mr. JEFFORDS. Yes. This amend- final FDA reform bill as reported by ‘‘With respect to any entity that submits ment I believe will address the con- the conference committee, the con- or is required to submit a safety report or cerns of several Senators who have a ference report should include language other information in connection with the concern regarding the effect of this leg- which reinforces this point.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9767 Mr. NICKLES. I thank the chairman the represented health outcomes, of the use ‘‘(b) SECRETARY TO DEVELOP LIST OF DRUGS for his explanation of this provision of a drug to the use of another drug, to an- FOR WHICH ADDITIONAL PEDIATRIC INFORMA- and his efforts to bring this important other health care intervention, or to no TION MAY BE BENEFICIAL.—Not later than 180 intervention.’’. days after the date of enactment of this sec- legislation to the floor. At some point (b) STUDY AND REPORT.—The Comptroller tion, the Secretary, after consultation with in the 105th Congress, we may be con- General of the United States shall conduct a experts in pediatric research (such as the sidering the national tobacco settle- study of the implementation of the provi- American Academy of Pediatrics, the Pedi- ment entered into by the State’s attor- sions added by the amendment made by sub- atric Pharmacology Research Unit Network, ney’s general and the tobacco compa- section (a). Not later than 4 years and 6 and the United States Pharmacopoeia) shall nies. At the appropriate time Congress months after the date of enactment of this develop, prioritize, and publish an initial list will have the opportunity to fully ex- Act, the Comptroller General of the United of approved drugs for which additional pedi- atric information may produce health bene- amine what FDA’s role should be in the States shall prepare and submit to Congress a report containing the findings of the study. fits in the pediatric population. The Sec- regulation of tobacco products. retary shall annually update the list. AMENDMENT NO. 1175 AMENDMENT NO. 1136, AS MODIFIED ‘‘(c) MARKET EXCLUSIVITY FOR ALREADY- (Purpose: To provide that an environmental (Purpose: To improve the provisions relating MARKETED DRUGS.—If the Secretary makes a impact statement prepared in accordance to pediatric studies) written request for pediatric studies (which may include a timeframe for completing with certain regulations of the Food and Strike section 618 and insert the following: Drug Administration shall be considered to such studies) concerning a drug identified in SEC. 618. PEDIATRIC STUDIES MARKETING EX- the list described in subsection (b) to the meet the requirements of section 102(2)(C) CLUSIVITY. holder of an approved application under sec- of the National Environmental Policy Act (a) GENERAL AUTHORITY.—Chapter V of the tion 505(b)(1) for the drug, the holder agrees of 1969) Federal Food, Drug, and Cosmetic Act (21 to the request, and the studies are completed Strike section 602 and insert the following: U.S.C. 351 et seq.) is amended by inserting within any such timeframe and the reports SEC. 602. ENVIRONMENTAL IMPACT REVIEW. after section 505 the following: thereof submitted in accordance with sub- Chapter VII (21 U.S.C. 371 et seq.), as ‘‘SEC. 505A. PEDIATRIC STUDIES OF DRUGS. section (d)(2) or completed within any such amended by section 402, is further amended ‘‘(a) MARKET EXCLUSIVITY FOR NEW timeframe and the reports thereof accepted by adding at the end the following: DRUGS.—If, prior to approval of an applica- in accordance with subsection (d)(3)— ‘‘SEC. 742. ENVIRONMENTAL IMPACT REVIEW. tion that is submitted under section ‘‘(1)(A) the period during which an applica- ‘‘Notwithstanding any other provision of 505(b)(1), the Secretary determines that in- tion may not be submitted under subsections law, an environmental impact statement formation relating to the use of a drug in the (c)(3)(D)(ii) and (j)(4)(D)(ii) of section 505 prepared in accordance with the regulations pediatric population may produce health shall be five years and six months rather published in part 25 of title 21, Code of Fed- benefits in that population, the Secretary than five years, and the references in sub- eral Regulations (as in effect on August 31, makes a written request for pediatric studies sections (c)(3)(D)(ii) and (j)(4)(D)(ii) of sec- 1997) in connection with an action carried (which may include a timeframe for com- tion 505 to four years, to forty-eight months, out under (or a recommendation or report re- pleting such studies), and such studies are and to seven and one-half years shall be lating to) this Act, shall be considered to completed within any such timeframe and deemed to be four and one-half years, fifty- meet the requirements for a detailed state- the reports thereof submitted in accordance four months, and eight years, respectively; ment under section 102(2)(C) of the National with subsection (d)(2) or completed within or Environmental Policy Act of 1969 (42 U.S.C. any such timeframe and the reports thereof ‘‘(B) the period of market exclusivity 4332(2)(C)).’’. are accepted in accordance with subsection under subsections (c)(3)(D) (iii) and (iv) and (d)(3)— (j)(4)(D) (iii) and (iv) of section 505 shall be ‘‘(1)(A) the period during which an applica- AMENDMENT NO. 1152 three years and six months rather than three tion may not be submitted under subsections years; and (Purpose: To improve the standard for bind- (c)(3)(D)(ii) and (j)(4)(D)(ii) of section 505 ‘‘(2)(A) if the drug is the subject of— ing determinations with respect to the shall be five years and six months rather ‘‘(i) a listed patent for which a certifi- specification of valid scientific evidence than five years, and the references in sub- cation has been submitted under subsection with respect to the effectiveness of de- sections (c)(3)(D)(ii) and (j)(4)(D)(ii) of sec- (b)(2)(A)(ii) or (j)(2)(A)(vii)(II) of section 505 vices) tion 505 to four years, to forty-eight months, and for which pediatric studies were sub- On page 24, line 19, strike ‘‘is’’ and insert and to seven and one-half years shall be mitted prior to the expiration of the patent ‘‘could be’’. deemed to be four and one-half years, fifty- (including any patent extensions); or four months, and eight years, respectively; ‘‘(ii) a listed patent for which a AMENDMENT NO. 1156 or certification has been submitted under (Purpose: To provide for a study and report ‘‘(B) the period of market exclusivity subsection (b)(2)(A)(iii) or (j)(2)(A)(vii)(III) of concerning the treatment of health care under subsections (c)(3)(D) (iii) and (iv) and section 505, economic information) (j)(4)(D) (iii) and (iv) of section 505 shall be the period during which an application may Strike section 612 and insert the following: three years and six months rather than three not be approved under subsection (c)(3) or SEC. 612. HEALTH CARE ECONOMIC INFORMA- years; and (j)(4)(B) of section 505 shall be extended by a TION. ‘‘(2)(A) if the drug is the subject of— period of six months after the date the pat- (a) IN GENERAL.—Section 502(a) (21 U.S.C. ‘‘(i) a listed patent for which a certifi- ent expires (including any patent exten- 352(a)) is amended by adding at the end the cation has been submitted under subsection sions); or following: ‘‘Health care economic informa- (b)(2)(A)(ii) or (j)(2)(A)(vii)(II) of section 505 ‘‘(B) if the drug is the subject of a tion provided to a formulary committee, or and for which pediatric studies were sub- listed patent for which a other similar entity, in the course of the mitted prior to the expiration of the patent certification has been submitted under committee or the entity carrying out its re- (including any patent extensions); or subsection (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of sponsibilities for the selection of drugs for ‘‘(ii) a listed patent for which a certifi- section 505, and in the patent infringement managed care or other similar organizations, cation has been submitted under subsection litigation resulting from the certification shall not be considered to be false or mis- (b)(2)(A)(iii) or (j)(2)(A)(vii)(III) of section the court determines that the patent is valid leading if the health care economic informa- 505, and would be infringed, the period during tion directly relates to an indication ap- the period during which an application may which an application may not be approved proved under section 505 or 507 or section not be approved under subsection (c)(3) or under subsection (c)(3) or (j)(4)(B) of section 351(a) of the Public Health Service Act (42 (j)(4)(B) of section 505 shall be extended by a 505 shall be extended by a period of six U.S.C. 262(a)) for such drug and is based on period of six months after the date the pat- months after the date the patent expires (in- competent and reliable scientific evidence. ent expires (including any patent exten- cluding any patent extensions). The requirements set forth in section 505(a), sions); or ‘‘(d) CONDUCT OF PEDIATRIC STUDIES.— 507, or section 351(a) of the Public Health ‘‘(B) if the drug is the subject of a ‘‘(1) AGREEMENT FOR STUDIES.—The Sec- Service Act (42 U.S.C. 262(a)) shall not apply listed patent for which a certifi- retary may, pursuant to a written request to health care economic information pro- cation has been submitted under subsection for studies, after consultation with— vided to such a committee or entity in ac- (b)(2)(A)(iv) or (j)(2)(A)(vii)(IV) of section 505, ‘‘(A) the sponsor of an application for an cordance with this paragraph. Information and in the patent infringement litigation re- investigational new drug under section 505(i); that is relevant to the substantiation of the sulting from the certification the court de- ‘‘(B) the sponsor of an application for a health care economic information presented termines that the patent is valid and would drug under section 505(b)(1); or pursuant to this paragraph shall be made be infringed, the period during which an ap- ‘‘(C) the holder of an approved application available to the Secretary upon request. In plication may not be approved under sub- for a drug under section 505(b)(1), this paragraph, the term ‘health care eco- section (c)(3) or (j)(4)(B) of section 505 shall agree with the sponsor or holder for the con- nomic information’ means any analysis that be extended by a period of six months after duct of pediatric studies for such drug. identifies, measures, or compares the eco- the date the patent expires (including any ‘‘(2) WRITTEN PROTOCOLS TO MEET THE STUD- nomic consequences, including the costs of patent extensions). IES REQUIREMENT.—If the sponsor or holder

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9768 CONGRESSIONAL RECORD — SENATE September 23, 1997 and the Secretary agree upon written proto- ‘‘(i) TERMINATION OF MARKET EXCLUSIVITY hibits State and local governments cols for the studies, the studies requirement EXTENSION AUTHORITY FOR NEW DRUGS.—Ex- from establishing or continuing—for of subsection (a) or (c) is satisfied upon the cept as provided in section 618(b) of the Food nonprescription drugs, any require- completion of the studies and submission of and Drug Administration Modernization and the reports thereof in accordance with the Accountability Act of 1997, no period of mar- ment that is different from, in addition original written request and the written ket exclusivity shall be extended under sub- to or otherwise not identical to a Fed- agreement referred to in paragraph (1). Not section (a) for a drug if— eral requirement; for cosmetics, any later than 60 days after the submission of the ‘‘(1) the extension would be based on stud- requirements for packaging and label- report of the studies, the Secretary shall de- ies commenced after January 1, 2004; and ing that are different from, in addition termine if such studies were or were not con- ‘‘(2) the application submitted for the drug to or otherwise not identical to a Fed- ducted in accordance with the original writ- under section 505(b)(1) was not approved by eral requirement. This includes any re- ten request and the written agreement and January 1, 2004. quirement relating to public informa- reported in accordance with the require- ‘‘(j) DEFINITIONS.—In this section, the term ments of the Secretary for filing and so no- ‘pediatric studies’ or ‘studies’ means at least tion or any other form of public com- tify the sponsor or holder. 1 clinical investigation (that, at the Sec- munication relating to a warning of ‘‘(3) OTHER METHODS TO MEET THE STUDIES retary’s discretion, may include pharmaco- any kind for a nonprescription drug. REQUIREMENT.—If the sponsor or holder and kinetic studies) in pediatric age-groups in My State, California, has a long his- which a drug is anticipated to be used.’’. the Secretary have not agreed in writing on tory of regulating nonprescription the protocols for the studies, the studies re- (b) MARKET EXCLUSIVITY UNDER OTHER AU- quirement of subsection (a) or (c) is satisfied THORITY.— drugs and cosmetics and I would like to when such studies have been completed and (1) THROUGH CALENDAR YEAR 2003.— ask the bill manager’s to engage in a the reports accepted by the Secretary. Not (A) DETERMINATION.—If the Secretary re- colloquy with me to clarify his intent later than 90 days after the submission of the quests or requires pediatric studies, prior to and the language of the bill. January 1, 2004, under Federal law other reports of the studies, the Secretary shall ac- The California Department of Health cept or reject such reports and so notify the than section 505A of the Federal Food, Drug, sponsor or holder. The Secretary’s only re- and Cosmetic Act (as added by subsection Services in a September 12 letter ex- sponsibility in accepting or rejecting the re- (a)), from the sponsor of an application, or pressed their concern that they would ports shall be to determine, within the 90 the holder of an approved application, for a have to request interpretations from days, whether the studies fairly respond to drug under section 505(b) of such Act (21 FDA. They wrote: ‘‘For interpretation the written request, whether such studies U.S.C. 355(b)), the Secretary shall determine of Federal requirements, and in order have been conducted in accordance with whether the studies meet the completeness, to determine if a State conflict exists, commonly accepted scientific principles and timeliness, and other submission require- it will be necessary for States to con- ments of the Federal law involved. protocols, and whether such studies have tinually request from the Federal Gov- been reported in accordance with the re- (B) MARKET EXCLUSIVITY.—If the Secretary quirements of the Secretary for filing. determines that the studies meet the re- ernment an interpretation of their re- ‘‘(e) DELAY OF EFFECTIVE DATE FOR CER- quirements involved, the Secretary shall en- quirements and both Federal and State TAIN APPLICATIONS; PERIOD OF MARKET EX- sure that the period of market exclusivity legal review of those interpretations.’’ CLUSIVITY.—If the Secretary determines that for the drug involved is extended for 6 Could you explain the bill’s intent? the acceptance or approval of an application months in accordance with the requirements under subsection (b)(2) or (j) of section 505 of subsection (a), (c), (e), and (g) (as appro- Mr. JEFFORDS. In most cases, it for a drug may occur after submission of re- priate) of section 505A of such Act (as in ef- will be abundantly clear and States ports of pediatric studies under this section, fect on the date of enactment of this Act.). will not have to continually request which were submitted prior to the expiration (2) CALENDAR YEAR 2004 AND SUBSEQUENT written interpretations of Federal law. of the patent (including any patent exten- YEARS.— sion) or market exclusivity protection, but There should be no need to delay en- (A) NEW DRUGS.—Effective January 1, 2004, forcement. before the Secretary has determined whether if the Secretary requests or requires pedi- the requirements of subsection (d) have been atric studies, under Federal law other than Mrs. FEINSTEIN. According to Cali- satisfied, the Secretary shall delay the ac- section 505A of the Federal Food, Drug, and fornia officials, a number of require- ceptance or approval under subsection (b)(2) Cosmetic Act, from the sponsor of an appli- ments now in force in California could or (j), respectively, of section 505 until the cation for a drug under section 505(b) of such determination under subsection (d) is made, be considered to be in addition to Fed- Act, nothing in such law shall be construed eral law under this bill and therefore but such delay shall not exceed 90 days. In to permit or require the Secretary to ensure the event that requirements of this section could be preempted. that the period of market exclusivity for the are satisfied, the applicable period of market drug is extended. The first area relates to public warn- exclusivity referred to in subsection (a) or (B) ALREADY MARKETED DRUGS.— ing requirements. The California De- (c) shall be deemed to have been running dur- (i) DETERMINATION.—Effective January 1, ing the period of delay. partment of Health Services maintains ‘‘(f) NOTICE OF DETERMINATIONS ON STUDIES 2004, if the Secretary requests or requires pe- that the bill would likely prohibit diatric studies, under Federal law other than REQUIREMENT.—The Secretary shall publish State-initiated public health warnings. section 505A of the Federal Food, Drug, and a notice of any determination that the re- California DHS asked, for example, if quirements of subsection (d) have been met Cosmetic Act (as added by subsection (a)), and that submissions and approvals under from the holder of an approved application point-of-purchase placards could be re- subsection (b)(2) or (j) of section 505 for a for a drug under section 505(b) of such Act, quired. drug will be subject to the provisions of this the Secretary shall determine whether the Could my colleague comment on the studies meet the completeness, timeliness, section. intent of the bill with regard to State ‘‘(g) LIMITATION.—The holder of an ap- and other submission requirements of the proved application for a new drug that has Federal law involved. public warning requirements? already received six months of market exclu- (ii) MARKET EXCLUSIVITY.—If the Secretary Mr. JEFFORDS. The public informa- sivity under subsection (a) or (c) may, if oth- determines that the studies meet the re- tion and communication provisions of erwise eligible, obtain six months of market quirements involved, the Secretary shall en- S. 830 would not prevent a State from exclusivity under subsection (c)(1)(B) for a sure that the period of market exclusivity issuing its own public statements to supplemental application, except that the for the drug involved is extended for 6 holder is not eligible for exclusivity under months in accordance with the requirements warn the public. But although the subsection (c)(2). of subsection (a), (c), (e), and (g) (as appro- State is free to utilize the media and ‘‘(h) STUDY AND REPORT.—The Secretary priate) of section 505A of such Act (as in ef- other such avenues, the State could shall conduct a study and report to Congress fect on the date of enactment of this Act.). not require point-of-purchase placards not later than January 1, 2003 based on the (3) DEFINITIONS.—In this subsection: to be posted. experience under the program. The study and (A) DRUG.—The term ‘‘drug’’ has the mean- Mrs. FEINSTEIN. For both drugs and report shall examine all relevant issues, in- ing given the term in section 201 of such Act. cluding— (B) PEDIATRIC STUDIES.—The term ‘‘pedi- cosmetics, currently under California ‘‘(1) the effectiveness of the program in im- atric studies’’ has the meaning given the law, if DHS has probable cause to be- proving information about important pedi- term in section 505A of such Act. lieve that a drug or cosmetic is adul- atric uses for approved drugs; (C) SECRETARY.—The term ‘‘Secretary’’ terated, misbranded, or falsely adver- ‘‘(2) the adequacy of the incentive provided means the Secretary of Health and Human tised, DHS can embargo the product, under this section; Services. ‘‘(3) the economic impact of the program; remove it from commerce. In their let- and SECTION 807 ter, DHS says, ‘‘This power may be ‘‘(4) any suggestions for modification that Mrs. FEINSTEIN. Section 807 of the considered in addition to a Federal re- the Secretary deems appropriate. committee substitute for S. 830 pro- quirement.’’

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9769 Could you clarify your intent in this Ford Kerrey Robb The PRESIDING OFFICER. Is there area? Frist Kerry Roberts objection? Glenn Kohl Rockefeller Mr. JEFFORDS. Enforcement au- Gorton Kyl Roth Mr. DASCHLE. Reserving the right thority is not covered by the preemp- Graham Landrieu Santorum to object. tion provision of the bill, so a State’s Gramm Lautenberg Sarbanes Grams Leahy The PRESIDING OFFICER. The embargo and other enforcement au- Sessions Grassley Levin Shelby Democratic leader. Gregg Lieberman thority would not be affected. Smith (NH) Hagel Lott Mr. DASCHLE. Mr. President, this is Mrs. FEINSTEIN. For nonprescrip- Smith (OR) Harkin Lugar the same unanimous-consent request tion drugs, California law requires Hatch Mack Snowe Specter propounded last Friday. The difference comprehensive and annual inspections Helms McCain is that I have now had the opportunity of manufacturers. Federal law requires Hollings McConnell Stevens Thomas to consult with my colleagues, and also limited inspections on no timetable. Hutchinson Mikulski Hutchison Moseley-Braun Thompson to consult with the President and those DHS maintains that the ‘‘State’s re- Inhofe Moynihan Thurmond in the White House who have a great Torricelli quirements for drug manufacturer li- Inouye Murkowski deal of interest in our progress on this censing and the annual inspections Jeffords Murray Warner Wellstone legislation. may be considered a requirement in ad- Johnson Nickles Kempthorne Reid Wyden The President has just sent Senator dition to the Federal requirement.’’ NAYS—2 LOTT and me a letter, indicating his de- What is the chairman’s intent in this sire to either keep us here or bring us bill, as it addresses licensing and in- Kennedy Reed back if we are not sufficiently success- spections by States? The amendment (No. 1130), as modi- ful in meeting the goals that we have Mr. JEFFORDS. As I said previously fied, was agreed to. all indicated we share with regard to enforcement authority is not covered Mr. LOTT. Mr. President, I move to the completion of the work on the by the national uniformity provisions. reconsider the vote. McCain-Feingold bill. Thus, drug manufacturer licensing and The PRESIDING OFFICER. Without inspection in the States would not be objection, the motion to lay on the Given his assurances that he will call affected. table the motion to reconsider is us back or keep us here—and I cer- Mrs. FEINSTEIN. My State has ex- agreed to. tainly hope that that is not necessary pressed concerns about advertising, The motion to lay on the table was because I think there is plenty of op- saying that State law has advertising agreed to. portunity for us throughout the month The PRESIDING OFFICER. The ma- restrictions, that is prohibition on of October to bring this legislation to jority leader. false and misleading advertisment, ad- the floor and have a good debate—we vertising of unproven remedies, that f certainly would not object. may be preempted. Could you elaborate UNANIMOUS-CONSENT AGREEMENT As I indicated on Friday, I had two on the bill’s intent in the drug adver- Mr. LOTT. Mr. President, I ask unan- concerns, one, that we would run out of tising area? imous consent that the scheduled clo- time and, two, that I had not had the Mr. JEFFORDS. The national uni- ture vote be vitiated with the previous opportunity to discuss this matter, and formity provisions would not affect debate limitation still in effect. we were precluded from offering the traditional drug advertising laws be- The PRESIDING OFFICER. Without amendment to any other legislation in cause this bill does not address the au- objection, it is so ordered. the event that we would have run out thority of the Federal Trade Commis- Mr. LOTT. In light of the earlier con- of time. Now there is no concern for sion Act. State laws that prohibit false sent with respect to debate time on the running out of time because the Presi- and misleading advertising or to pro- FDA bill—I believe Senator JEFFORDS dent will see to it that we have what- hibit unsubstantiated claims for non- got the unanimous-consent request ever length of time we need to com- prescription drugs, for example, would agreed to a few moments ago—there plete our work. not be affected. Traditional advertising will be no further votes this evening. So Mr. President, I am very pleased issues relating to claims substan- The Senate will begin, now, up to 4 that we have been able to make this tiation, fair balanced and truth are hours of debate on the FDA bill. The progress, and we have no objection. outside the scope of national uni- concluding 4 hours of debate will begin The PRESIDING OFFICER. Is there formity. at 12 noon on Wednesday. Therefore, objection? final passage will occur at approxi- Mrs. FEINSTEIN. I thank my col- Mr. DASCHLE. I ask unanimous con- mately 3:45 on Wednesday, of the Food league. I hope that this discussion will sent that the letter sent to me by the clarify the true intent of the authors of and Drug Administration reform bill. I guess I should put that in the form President be printed in the RECORD. this bill and provide some clarification of a request, Mr. President. There being no objection, the letter of the State’s authority to protect the The PRESIDING OFFICER. Without was ordered to be printed in the public health under this bill. objection, it is so ordered. RECORD, as follows: VOTE ON AMENDMENT NO. 1130, AS MODIFIED f THE WHITE HOUSE, The PRESIDING OFFICER. The Washington, September 23, 1997. question is on agreeing to the com- UNANIMOUS-CONSENT AGREE- Hon. THOMAS A. DASCHLE, mittee substitute, No. 1130, as modi- MENT—CAMPAIGN FINANCE RE- Democratic Leader, U.S. Senate, Washington, fied. The yeas and nays are ordered. FORM DC. The clerk will call the roll. Mr. LOTT. Mr. President, I ask unan- DEAR MR. LEADER: Senators McCain and The assistant legislative clerk called imous consent the majority leader, Feingold have pledged to bring their cam- paign reform legislation to a vote. When that the roll. after notification of the Democratic happens, the American people will be watch- The result was announced—yeas 98, leader, must turn to S. 25, the McCain- ing. I encourage you to act responsibly and nays 2, as follows: Feingold campaign finance reform bill, support passage of this long-overdue, bipar- [Rollcall Vote No. 255 Leg.] prior to the close of the first session of tisan legislation. YEAS—98 the 105th Congress, and Senator This measure is of the utmost importance, MCCAIN will immediately be recog- and it deserves full consideration on the Sen- Abraham Bryan Craig ate floor. If any attempt is made to bring Akaka Bumpers D’Amato nized, then, to modify the bill, and it Allard Burns Daschle be in order that the majority leader this bill up in a manner that would preclude Ashcroft Byrd DeWine immediately offer an amendment rel- sufficient time for debate, I will call on Con- Baucus Campbell Dodd ative to campaign finances. I further gress to stay in session until all of the crit- Bennett Chafee Domenici ical elements are fully considered. ask unanimous consent that it not be Biden Cleland Dorgan There is a real need for reform. The Bingaman Coats Durbin in order for any Senator to offer any amount raised by both political parties is Bond Cochran Enzi legislation regarding campaign fi- Boxer Collins Faircloth doubling ever four years. And as candidates Breaux Conrad Feingold nances prior to the initiation of this are forced to spend ever greater amounts of Brownback Coverdell Feinstein agreement. time raising every larger amounts of money,

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9770 CONGRESSIONAL RECORD — SENATE September 23, 1997 the people’s business suffers. We have an ob- I want to thank the majority leader for the fast-track legislation in one form ligation to restore the public trust. his willingness to take up this issue. or another and to deal with it up or The bipartisan measure that Senators As I said on Friday when he made it down. That would be my thinking what McCain and Feingold intend to bring to the floor is balanced and effective. It addresses very clear to all that we would take up we would do last, not because I am many of the most pressing needs for reform. this issue in a timely fashion under the pushing it off to the end but because It does not include every reform that I be- conditions of the unanimous-consent we have to have some hearings, it has lieve necessary. But it is an important first agreement, as he stated, I thought it to be marked up, go to Finance and I step—and it represents the only real oppor- was eminently fair. think Banking and two or three other tunity to enact meaningful reform in this There are other issues that are before Committees. That is what looks like Congress. Any attempts to attach amend- the Senate that need to be resolved. will probably come up toward the end ments that would make it unpalatable to one And over time I have great confidence party or another are nothing less than at- of October or early November. tempts to defeat campaign finance reform. that the majority leader will bring up So it is my thinking that we would And a vote to filibuster this measure is noth- this issue so that it can be adequately want to do it before then. I will try to, ing short of a vote to maintain the system addressed. you know, make sure everybody has an that favors special interests over the public As far as the letter from the Presi- input here. We have Senators on both good. For years, the special interests and dent is concerned, let me just say, Mr. sides that have interest. We have chair- their allies have filibustered reform. But this President, we all know that the Presi- men that have interest. It is not my year, the American people will hold account- dent can call Congress into session all able those who vote to maintain the status desire to have this come up in the con- quo. he wants to. He cannot make them act. gestion at the end. Despite formidable odds, the Congress And I see from time to time, as we ad- I want to find a window. I can see a faces the best opportunity in a generation to dress this issue, the seeking of some possibility of one before long where we enact campaign finance reform. Let up work kind of political advantage and lever- can take this up and consider it for a together in a bipartisan spirit, as we have age here in this debate. period of time that everybody might be throughout this legislative session, to Let me make one thing perfectly comfortable with. thwart special interests who seek to smother clear, the only way we are going to Mr. KERRY. Mr. President, I thank reform and deny the will of the people. I urge you to support the bipartisan efforts em- achieve meaningful campaign finance the majority leader for the breadth of bodied in the McCain-Feingold proposal, per- reform is by sitting down together in a that. I think it is very helpful to have mit the Senate to debate their bill, and vote bipartisan fashion. We do not need let- that on the RECORD. to enact these needed changes to our polit- ters from the President of the United Secondly, I want to ask him just ical system. States now. What we need is meaning- with respect to my own understanding Sincerely, ful and serious negotiations between of the request, the first amendment is BILL. all parties committed to meaningful the amendment from Senator MCCAIN. Mr. LOTT. Mr. President, it is the campaign finance reform. I intend to Mr. LOTT. The original McCain- same unanimous-consent request I of- work with my colleagues on both sides Feingold. fered last Friday. I thought it was a of the aisle to achieve that. Mr. KERRY. Followed immediately fair procedure within the bounds of the Again, I want to thank the majority by an amendment from the majority 105th Congress’ 1st session to take up leader because he told me a long time leader; is that correct? consideration of campaign finance re- ago that this issue would receive the Mr. LOTT. No. Followed by the modi- form. I still think it is a fair procedure. serious consideration that it deserves, fied McCain-Feingold bill. I indicated last Friday it was never my and he has confirmed that confidence Mr. KERRY. With a second degree? intent to try to have this come up on with the unanimous-consent agreement Mr. MCCAIN. Substitute. the last day or the last week. I do not today. Mr. LOTT. My amendment would be think that would be in anybody’s inter- Mr. KERRY addressed the Chair. a first-degree amendment after the est. And I did not intend to do that. I The PRESIDING OFFICER. The Sen- McCain-Feingold modification. said at the time I did not intend to do ator from Massachusetts. Mr. KERRY. Mr. President, if I could that. Mr. KERRY. Mr. President, I will not ask, in furtherance of the effort here to So I am glad we have this worked object either. I just want to ask the keep the bipartisanship and discussions out. We will work now to try to deter- majority leader a couple questions. going, would it be possible in the near mine a time to bring up consideration Mr. President, I ask, is it possible for term for us to learn the content of that and debate of this issue in a way that the majority leader to share with us other amendment, of the amendment of will allow us to have time to discuss it any little bit deeper what his thinking the majority leader, so that we might freely but also give us time to look at might be as to when he thinks it might be able to have something competent other issues that we hope to have com- actually come? I know he cannot be to be able to meet on and discuss? pleted before the end of the session. precise, but is there some variation Mr. LOTT. We have not made a final With regard to the President’s letter, here in the course of the next 3 weeks, decision. We have a number of options I have not had an opportunity to read Mr. President? we are reviewing. It could be an amend- the letter yet. I am always glad to have Mr. LOTT. Well, we need to look at ment or it could be an amendment in a communication from the President. I the conference reports on appropria- the nature of a substitute. And we are do not feel threatened or intimidated tions bills. We need to look at the con- looking at both of those possibilities. by the letter because we still have an tinuing resolution, if one is needed. I But before we bring it to the floor, we awful lot of work to do together on ap- presume it will be. We need to look at will notify the Members of what our in- propriations bills. I am still hopeful what progress is being made with re- tent would be on that. that we can have the ISTEA follow-on gard to the ISTEA or the highway Mr. KERRY. I thank the majority transportation infrastructure bill transportation bill. And we need to leader. passed. And we hope to even consider look at when we will need to schedule Mr. FEINGOLD addressed the Chair. the fast-track legislation. So the President has a lot of issues fast track. And we will need to con- The PRESIDING OFFICER. The Sen- that he would like for us to work with sider when we are going to have an op- ator from Wisconsin. him on. We would be glad to do that. portunity to take up serious product li- Mr. FEINGOLD. Let me take a mo- And we intend to do that. However, we ability. ment, and reserve the right to object, do not intend to be threatened or in- So there are several issues that we to thank both of the leaders for coming timidated on this or any other issue. feel like, I think on both sides of the together on this issue. It is of tremen- The PRESIDING OFFICER. Is there aisle, we must do this year, and one dous importance to everyone here in objection? way or another—or should do—and we this body and to the American people. Mr. MCCAIN addressed the Chair. will look at all of that. It is not my in- And I think they both have an ex- The PRESIDING OFFICER. The Sen- tent to drag this out to the end of the tremely difficult task in dealing with ator from Arizona. session because I would like for us to an issue like this that is of such per- Mr. MCCAIN. Reserving the right to be—if I had my way, I guess the last sonal importance to each Member of object, and I will not object, first of all, thing we would do would be probably the Senate.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9771 It is very heartening to know that we From my experience, I know that FDA are located in today’s RECORD under have an agreement that will allow the bills are inherently contentious and ‘‘Statements on Introduced Bills and open debate on this issue. Last year complicated—and that would be true Joint Resolutions.’’) when the debate came up, there were even if my friend from Massachusetts, Mr. KENNEDY. Mr. President, I yield no amendments and a cloture vote Senator KENNEDY, was not on the such time as the Senator from Rhode within 2 days. It was not a great oppor- Labor Committee. Sometimes I believe Island might use. tunity for the body and for the mem- that it was this FDA bill that drove The PRESIDING OFFICER. The Sen- bers of the public to be involved in. So our good friend Nancy Kassebaum out ator from Rhode Island. I think this is a great step forward. of the Senate. Mr. REED. We have made great I want to thank my leader, Senator So we should all take off our hats progress with respect to the Food and DASCHLE, for his persistence on this. I and thank JIM JEFFORDS for his efforts Drug Administration [FDA] bill. That want to thank the President for his ab- in forging this important compromise is a tribute to Chairman JEFFORDS and solutely relentless support of our legis- bill. The overwhelming votes on clo- the ranking member, Senator KENNEDY lation for over 2 years now. And I ap- ture and on the motion to proceed are from Massachusetts, and all the mem- preciate his involvement in this as testament to the fact that S. 830 is a bers of the committee and the Mem- well. solid piece of bipartisan legislation bers of the Senate participating in this But overall, what I think we have that will benefit the American public debate. seen here is a bipartisan ability to for years to come. However, there remains at least one come together on timing. I hope it Every Member of this body under- issue of concern, one issue that was a leads to a bipartisan ability to come stands only too well the necessity of subject of extensive debate today. That together on a meaningful piece of legis- having good staff. Our staffs work long issue is a provision regarding the 510(k) lation. hours in order to resolve very difficult approval process for class I and class II With that, I yield the floor. issues. I commend the work of all of devices. As I mentioned previously, Mr. MCCONNELL addressed the the staff involved in the development these class I and class II devices are se- Chair. of this bill. I will defer to tradition and rious medical devices. This is not a The PRESIDING OFFICER. The Sen- allow the chairman and ranking mem- Band-Aid or gauze. These are lasers or ator from Kentucky. ber to single them out when the bill biopsy needles or many other com- Mr. MCCONNELL. Mr. President, I achieves its final passage. plicated, necessary medical devices. too want to thank the distinguished However, I do want to depart from As a result, we cannot, I think, as- majority leader for working with oth- tradition for a moment to compliment sume that this is a small or incon- ers who are interested in this legisla- the work of Senator JEFFORDS’ point sequential issue we are debating. It is a tion to create an atmosphere in which person on FDA reform, Jay Hawkins. It very important issue. we can have an important debate on an is always safe to bet against the pas- Essentially, the legislation that is issue of enormous significance to our sage of FDA legislation, but Jay joined before the Senate today limits the FDA country. I think it is a sensible and or- the Labor Committee this past winter from looking behind the stated use on derly way to give everyone an oppor- and hit the ground running and has the label presented by the manufac- tunity to have his or her say. I com- helped the chairman in crafting and turer when they request approval to mend the majority leader and Senator bringing S. 830 through the committee put a new product on the market. It is MCCAIN as well for their good work to and onto the floor. important, in certain cases, to make bring us to this point. Jay has worked hard, listened pa- such a searching review beyond the The PRESIDING OFFICER. Is there tiently to diverse viewpoints, identi- proposed use by the manufacturer. It is objection to the unanimous consent re- fied and solved problems, and has ex- particularly important in the case quest of the majority leader? Without hibited sound judgment and tremen- where there is strong suspicion that objection, it is so ordered. dous energy throughout this process. the label is either misleading or fraud- Mr. JEFFORDS addressed the Chair. Unfortunately for Jay and his family, ulent or false. Although my amend- The PRESIDING OFFICER. The Sen- on August 20, his mother, Mrs. Donna ment was not favorably considered ear- ator from Vermont. Lotz Hawkins, died after a long battle lier today, it would have given the au- f with cancer. Jay’s mom was a moun- thority to the FDA to look beyond the FOOD AND DRUG ADMINISTRATION tain climber, ocean swimmer, and dis- label in cases where they could show— MODERNIZATION AND ACCOUNT- tance runner who had many friends and this is a very high standard of ABILITY ACT OF 1997 that will deeply miss her. proof—that the label was false or mis- The loss of a parent can never be re- leading. The Senate continued with the con- placed. While I never met Jay’s mom, sideration of the bill. There is no other provision in this as a parent I know that she must have new legislation that would give the Mr. JEFFORDS. What is the pending been extremely proud of her son for all business? FDA such authority. Indeed, one could of his important work in the Senate. ask why the proponents of this legisla- The PRESIDING OFFICER. There is It is only fitting that this bill, which now to be 4 hours of debate equally di- tion deliberately chose to remove the has so much of Jay’s imprint, promises FDA’s authority and to effectively pre- vided on S. 830. The Senator from to speed the development of the next Vermont controls half that time. vent the FDA from conducting a thor- generation of cancer treatments. ough review of medical devices as they Mr. JEFFORDS. I yield to the Sen- I just wanted to take these few mo- ator from Utah 5 minutes. come on the market. ments to salute Jay and the chairman I have outlined, as many of my col- The PRESIDING OFFICER. The Sen- for their considerable efforts on the ator from Utah. leagues have, the detailed reaction of FDA bill, and I want to extend my con- several sections of the FDA law. It is Mr. HATCH. Mr. President, I ask dolences to the Hawkins family on the unanimous consent that the RECORD re- complicated, arcane legislative lan- loss of his mother. guage. flect the fact that amendment No. 1182, I yield the floor. as modified, which was adopted was a Mr. D’AMATO addressed the Chair. I have tried to think of a more home- Hatch-Wyden amendment. The PRESIDING OFFICER. Who ly and mundane example which might The PRESIDING OFFICER. Without yields time? illustrate the dilemma the FDA would objection, it is so ordered. Mr. JEFFORDS. I yield 5 minutes to be facing as it contemplates this new Mr. HATCH. Mr. President, there is the Senator from New York. legislation. If the FDA were in the po- an old saying, ‘‘No good deed goes Mr. D’AMATO. I thank the chairman sition of not approving medical devices unpunished.’’ And it applies only too and ask unanimous consent that I may but approving, for example, land trans- well to those who tackle the job of proceed as in morning business. portation vehicles, they might be con- shepherding the FDA legislation The PRESIDING OFFICER. Without fronted with an existing model, per- through Congress. objection, it is so ordered. haps a Ford Mustang. And say, for ex- The legislation we are debating today (The remarks of Mr. D’AMATO per- ample, a new product such as an F–16 has its foundation in the last Congress. taining to the introduction of S. 1203 fighter plane is presented for review.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9772 CONGRESSIONAL RECORD — SENATE September 23, 1997 Both can move over the ground, both of FDA. There have been criticisms by PPE: Group of the European People’s them are fairly fast, and both of them Members with respect to both the in- Party (Christian-Democratic Group). have certain similar aerodynamic ca- dustry and the FDA. Our job at this UPE: Union for Europe Group. ELDR: Group of the European Liberal pacities. Both of them can carry pas- point is not to demonize or deify any- Democrat and Reform Party. sengers. So one could make the argu- one. It is to get good laws passed. I be- GUE/NGL: Confederal Group of the Euro- ment that the F–16 could be substan- lieve this legislation can be approved pean United Left—Nordic Green Left. tially equivalent in use as a ground and can succeed. V: Green Group in the European Par- transportation vehicle. I note the majority leader is standing liament. But I think anyone would have to by, and I yield back my time. RECESS say, upon looking at both of these de- f Mr. LOTT. Mr. President, I ask unan- vices, that there is a strong suggestion imous consent the Senate stand in re- the F–16 can be used for something VISIT TO THE SENATE BY THE cess for 5 minutes so we may greet our else. If the FDA, or in this example, EUROPEAN PARLIAMENT guests from the European Parliament. the hypothetical agency, did not have Mr. LOTT. Madam President, I am There being no objection, the Senate, the authority to ask the simple ques- pleased to welcome a delegation from at 4:58 p.m., recessed until 5:06 p.m.; tion: Will it be used to fly and can it the European Parliament to the U.S. whereupon, the Senate reassembled fly? The hypothetical agency may not Senate. The parliamentarians are in when called to order by the Presiding be doing the job. the United States for the 47th inter- Officer (Ms. SNOWE). That is a homely example to illus- parliamentary meeting. f trate that the FDA is frequently con- Europe continues to move forward FOOD AND DRUG ADMINISTRATION fronted with devices that are presented with economic integration and the Eu- MODERNIZATION AND ACCOUNT- as being substantially equivalent to ex- ropean Parliament’s role is increas- ABILITY ACT OF 1997 isting devices. These new devices may ingly important. As the European be similarly labeled to that existing Union—like the North Atlantic Treaty The Senate continued with the con- device, but they have the potential for Organization—expands, the role of the sideration of the bill. other uses. If it is obvious that the de- European Parliament will become even Mr. KENNEDY. Madam President, we vice is for uses not listed on the label, more important. are making substantial progress on the the FDA should have the authority to The United States and the European FDA bill, and I applaud that progress. make an inquiry into those other uses. Union have the world’s largest com- We have worked out a number of key In fact, my suspicion is that in the mercial relationship, with trade and in- issues on a bipartisan basis since the development of new medical devices vestment approaching $1 trillion. committee markup in June. We have there is a long history of starts and I believe increased interaction be- worked out the issues on fast tracking stops. A history of contact with other tween our legislature and the European some innovative opportunities for deal- individuals, many researchers working Parliament will serve the interests of ing with the special challenges we are together, exploring different uses and both sides. I would like to add that I facing. We built on the fast tracking alternatives, different materials. In met with the U.S. Ambassador to the that we have done on AIDS drugs, and that process, it is very likely that European Union, Mr. Vernon Weaver, we are trying to do more in the areas other issues are contemplated, evalu- earlier this summer and was impressed of cancer and Alzheimer’s, following ated and perhaps designed into the de- with the job he is doing to protect what has been an important initiative vice. American interests in Brussels and at FDA for getting drugs out faster. We Today we have a system where there across Europe. have even worked out differences on is more incentive for approaching the I urge my colleagues to greet this the off-label uses of various pharma- FDA with a petition of a 510(k) ap- delegation, led by Mr. Alan Donnelly of ceuticals and devices and what infor- proval because that is the fastest way the United Kingdom. mation and studies will be required in to the marketplace. Even if there were Madam President, I ask unanimous terms of safety and efficacy. We have uses that were discussed and con- consent that a list of all of the delega- worked out the early consultation be- templated, even if there are obvious tion be printed in the RECORD. tween device manufacturers and the uses that might become part of com- There being no objection, the mate- FDA. mon practice, those may be dismissed rial was ordered to be printed in the We have been working toward reduc- ing the total development time. A key in order to get this through the system RECORD, as follows: element in our negotiations has been quickly. EUROPEAN PARLIAMENT DELEGATION FOR going upstream and working with the What we have done today by not RELATIONS WITH THE UNITED STATES pharmaceutical companies, as well as adopting my amendment is effectively (47th EP/US Congress interparliamentary prohibit the FDA from making that meeting, 21–26 September 1997, Washington the manufacturers, in shaping and for- searching inquiry into possible uses. DC) mulating their applications so that they will move more rapidly through The consequences can be severe to the LIST OF MEMBERS (15) the approval process. Many of these public health. Mr. Alan Donnelly, Chairman, PSE, United Despite all of these issues we have Kingdom. initiatives were worked out by Dr. discussed, this bill represents signifi- Mr. Bryan Cassidy, 1st Vice-Chairman, Kessler. We have put them into legisla- cant progress on many fronts. We are PPE, United Kingdom. tion under the leadership of Senator very, very close. I hope in the ensuing Mr. Lucio Manisco, 2nd Vice-Chairman, JEFFORDS and others on the com- conference—or before we go to con- GUE/NGL, Italy. mittee. We have settled the issues of ference—that we could address this Ms. Nuala Ahern, V, Ireland. cosmetics, after good debate and dis- particular issue. It is an issue that has Ms. Mary Banotti, PPE, Ireland. cussion. We have also worked our been highlighted by Secretary Shalala. *Mr. Jacques Donnay, UPE, France. third-party review pilot programs and *Mr. Willi Go¨ rlach, PSE, Germany. It has been highlighted with respect to Ms. Ilona Graenitz, PSE, Austria. timeframes for some of the drug ap- the potential for a Presidential veto. I Mr. Fernand Herman, PPE, Belgium. provals. Each one of these issues was hope we don’t reach that point. *Mr. Mark Killilea, UPE, Ireland. worked out in a way that protects the The hard work that has been done Ms. Elly Plooij-Van Gorsel, ELDR, Nether- public health. over many months by my colleagues, lands. This process continues now with fur- the hard work of many representatives Mr. Barry Seal, PSE, United Kingdom. ther debate today and tomorrow on of the industry, and the hard work of Mr. Michael Tappin, PSE, United Kingdom. what I, and others with me, consider to public health advocates I think will Mr. Josep Verde I. Aldea, PSE, Spain. be the most significant threat to the Rapporteur on Transatlantic Trade and public health remaining in the bill. lead us, if we can get over this hurdle, Economic Relations, Ms. Erika Mann, PSE, to a bill that we will all be proud of. Germany. These other areas that are complex and In conclusion, today we have spent NOTE—Abbreviations: difficult, where a wide variety of dif- some time discussing the industry. We PSE: Group of Party of European Social- ferent positions had divided the com- have spent some time discussing the ists. mittee in a significant way. We have

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9773 been able to make important and sig- tion. The agency to which all Ameri- enough for the medical device industry. nificant progress in ways that advance cans turn when they find that there is They are refusing to support an amend- public health. I believe that we have tampering with pharmaceuticals, or ment which would permit the FDA to advanced the interest in the public they are concerned about the importa- look at the safety features of medical health. This final issue remains and tion of pesticides on grapes from Chile, devices that ought to be looked at. has been identified by the President of or they are concerned about drugs and It would be an entirely different mat- the United States and the Secretary of medical devices. We saw that across ter if these improvements had not been HHS as being the No. 1 public health the country this last week with the made. At least you would have an argu- risk within this legislation. We had a fen/phen tragedy. ment to say you needed dramatic good debate on that issue earlier today Now we are being asked to reduce the changes in the approval process. But and a real engagement of the differing protections for the American people by the time it takes for the newest kinds ideas. I find that we were able to make prohibiting this lead agency, with all of medical devices are improving dra- important progress. The Members real- its expertise, from protecting the pub- matically. ize and recognize what is really at lic when it comes to medical devices. We heard on the floor of the Senate, stake. We were unable to win the ma- We are handcuffing them from being ‘‘Well, we have to be able to get these jority of the Members, but we have a able to reach out and protect the devices out there because all of us are substantial group of Members who are American public when a medical device aware of how fast those devices are likewise concerned about the public is falsely labeled. That is a serious being approved in Europe. If we do not health issues. error on our part. accept this provision, all our medical We have heard from the various con- A great deal of discussion has taken device companies are going to go sumer groups and they are the ones place in the committee and out here on abroad. We are going to lose jobs. This that will benefit the most from break- the floor of the U.S. Senate as to the is an issue of jobs. We will take a through devices. If you read through FDA’s ability to approve medical de- chance with the health of the Amer- their concern and opposition to the vices in a timely manner. We heard it ican people on this so we can keep our provision in the legislation and their expressed this morning. We heard. industry here and protect our public.’’ strong support for the Reed amend- ‘‘Just look how bad the FDA really is.’’ Well, let’s look at the facts on this ment, you understand why we are so We have to accept this provision be- one. We have just had the GAO report concerned about this particular provi- cause it is going to make such a dif- of June 1997 showing the remarkable sion. ference to the patients that need these progress that is being made in terms of The House is in the process of taking medical devices. approving these devices while still up legislation dealing with the same Let us look at what the record has doing comprehensive examinations of subject matter, although they have been with regard to the FDA. the complex safety issues. They can reached a stalemate with regard to the If you go through the GAO study on evaluate the new kinds of safety infor- extension on PDUFA. PDUFA, which I the FDA and its approval record, the mation provided by the medical device certainly support, provides the addi- progress that has been made in the re- industry, and do it in a timely way, tional resources for the FDA to get the cent time is truly remarkable. I have it and protect the public. That is what kind of trained disciplined personnel here. This shows the review times that Senator REED and myself believe that represents the top of our research have been decreasing, starting in 1994, should be done with regard to this pro- technology to work very effectively in continuing 1995, and 1996. This is the vision. the evaluation of these various prod- General Accounting Office. Madam President, this is a May 12, ucts. The premarket notification 501, the 1997 document by the World Medical As the prime sponsor of that proposal median FDA review time for notifica- Device Diagnostic News. here in the Senate, with my friend and tion as judged to be equivalent devices This is April 21, 1997. I will include the relevant parts in colleague, ORRIN HATCH, we are clearly already on the market has dropped strongly in support of PDUFA. We consistently from 199 days to 95 days in the RECORD. But I am reading now: tried to take similar action with re- 1996. Look at that difference between France calls on EU to tighten device con- trols. In a letter to the European Council of gard to the medical device industry, 1993 and 1996. The time reduced from 199 days to more than half for the med- Ministers, the French government has called but we were unable to do that. But we for tighter controls over high-risk medical were able to accomplish it with the ical devices that are the substantial devices. The government is particularly con- pharmaceutical industry, and it is nec- equivalent. cerned about implantable devices and other essary to have this extension. Here is the premarket approvals. products that fall into the high-risk cat- The House will take up the FDA. We Those take longer than the premarket egories, class 3, class 2. will continue to work with the admin- notifications because the FDA reviews The letter which was sent to other istration, and with the leaders of the the substantial amount of evidence to EU member states has not been re- Energy and Commerce Committees in determine if the devices are safe and leased publicly. It forms part of the the House to make sure the com- effective. The median time for PMA French campaign of ever-increasing in- promises reached in the Senate are re- has dropped from 766 days in 1993 to 280 tensity for more stringent relations on tained or improved. We will work to days in 1996. Again, a 40 percent reduc- medical devices. France is also ques- make sure that the medical device tion of the time—a dramatic improve- tioning the validity of the European issue that we have been debating on ment in the most complicated medical approach to the regulation of products the Senate floor is fixed. devices that are new; to convince the that pose a high risk to health. We believe that the Food and Drug FDA with the range of different new Then in another section talking Administration should not be faced technologies that are coming and that again about the European Union, in- with a situation where a device is sub- are being implanted in people. We have dustry experts speculate the French mitted with a label that contains false reduced that time for clearance on the might argue on the basis of the results and misleading information that would newest devices that have to be tested and the question of medical device di- effectively deny FDA an opportunity to carefully and evaluated in terms of rectors being unable to cope with the review the device on its real uses. And their safety. We have dropped the time high-risk products. deny them the authority to require the by about 35 or 40 percent. Approval These are storm warnings with re- medical device company to provide in- times have been reduced and we still gard to the use of high-risk products— formation relevant to the safety of have the best safety record. We are see- storm warnings from our European that medical device. ing dramatic improvement in approval friends about what is happening over There is nothing that we have heard time for the most complicated medical there with their medical device indus- that changes my very view that the in- devices, and we are seeing dramatic try. Then we heard here, ‘‘Well, those terests of the American consumer and improvement in approval times for the may be high risk but we are only look- the American public are best protected kinds of medical devices that are sub- ing at low risk devices.’’ Low risk? The by strengthening the lead agency for stantially equivalent. And we still have list of the products that are being sug- safety—the Food and Drug Administra- a strong safety record. But that isn’t gested as low risk: Ventilators, fetal

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9774 CONGRESSIONAL RECORD — SENATE September 23, 1997 cardiac monitors, imaging devices, approval has gone from 23 to 12 to 11 in nies surveyed within the various’’—$50 MRI ultrasound, x-ray. Who wants to 1997 and the 37 is up to 58 in 2 years. million in annual revenues, 90 percent take chances about whether the This is the reflection of those who are or more were involved in the survey ultrasound that an expectant mother is involved in medical device businesses. and they show here when asked what having is going to do the job or not? ‘‘Expectation of respondents for busi- markets offered them the best pros- We think that is a low risk? We don’t ness conditions in the medical device pects in 1997, more respondents, 80 per- think that mother ought to be able to and diagnostic industry,’’ again, going cent, named the United States than get satisfactory information about the up, enormously favorable. any other market. This are the medical adequacy of the protection and the ‘‘One important cause of this year’s device companies from Central and soundness of x rays and CAT scans and improved outlook is the clearly per- South America talking about what ultrasound and MRI’s, imaging devices. ceived improvement in relations with they believe the greatest opportunity Low risk? Anesthesia machines. Low the FDA. As shown in figure 5’’—that for market expansion is in the United risk? We have the storm warnings will be in the RECORD—‘‘the decline in States, and they are going to have to about what is happening in our own complaints about the agency mirrors meet the strict requirements that are country. the increase in positive business out- being put out by the FDA. They think, Here is the February Business Out- looks.’’ even going through those requirements look for the Medical Device Link. Here You could not get a greater endorse- for safety and ensuring the public is is their cover story February 1997: ment. You could not find better sup- going to be protected, that there is this With the improvements in FDA product re- port for an agency that is being regu- dramatic opportunity for growth. view performance, despite an ever more chal- lated. You could not see a more dra- And it just continues. If we go lenging domestic market, device company matic improvement in how that agency through the Medical Economics maga- executives are more optimistic than ever. has been dealing with those that it is zine of this year, January, it talks They talk about the FDA being cited required to police. And all while still about the enormous explosion of the by many as the leading source of their protecting the public health, all being various devices, talking of the demand pessimism. done to protect the public health. As for devices to treat arteriosclerosis, en- While nearly as many blamed the dis- the Secretary of HHS and the Presi- larged prostates, infertility and many concerting restructuring of health care dent of the United States said, of all others creates a worldwide market of providers, two years later—that is now. the different provisions, this is the one $120 billion, including about $50 billion This is going back to 1994 and 1995. that puts the public health at risk. All in the United States. That’s growing by ‘‘* * * two years later device company ex- against a background of a device indus- 8 percent annually. Feeding this de- ecutives report a substantial improvement in try that is saying things have never mand are technologies that offer new FDA’s performance, particularly in the been better. ways to treat disease, allow doctors to 510(k) product approval times. Several committee members have ex- treat illness more quickly, effectively This is the medical device industry pressed concerns that the FDA will try and safely. The coronary stint, for ex- document. It continues. to think of every possible off-label use ample, created a submarket that ex- In fact, this year’s survey conducted last for a device and harass the industry to ploded from $220 million globally to October marks the highest business climate death. There is no justification for that more than $1 billion in 1996. Sales of ratings ever in the 5-year history of the sur- attitude. It is good rhetoric, but it just this device are growing 30 to 40 per- vey. defies any kind of understanding about cent. The highest degree of approval rating what is happening in the medical de- I used that as one of the examples ever in the 5-year history. vice industry today. The medical de- here the other day. This is a $1 billion It is going well, my friends. We do vice manufacturers and personnel find industry. We are talking about the not have a Shiley Heart Valve tragedy that their relationship with the FDA is power of this industry to put pressure today. We don’t have a Dalkon Shield improving significantly in terms of on Congress, with this kind of eco- tragedy today. It is working in terms how they are being treated, the times nomic power, that pressure is dra- of protecting the public. But the indus- that are involved, the way that the matic. To resist that kind of pressure try is demanding changes in providing agency has been considering various when it is contrary to the protection of the protection. Why? This is what the applications like the ones we have been the public health I think is enormously industry is saying about the FDA. talking about. The public health is important. ‘‘The impact of FDA’s internal reforms being protected, but we are being asked What we are saying is simple and and review time is more significant to change it. fundamental. That is, the proposal that than might appear. The agency has not How many times around here do you is being advanced here will permit the only reduced the approval delays that hear, ‘‘If it is not broke, why fix it?’’ medical device industry to submit var- slowed newer products but, perhaps Well, this is the attempt to try to fix ious medical devices to the FDA and more importantly, has greatly reduced something that is not broke. And we the FDA will be limited to examining uncertainty as to the timeliness of fu- are not talking about widgets here. We only the uses listed on the label of the ture product introductions.’’ are talking about real health implica- medical devices. If it is substantially I will include the appropriate amount tions to the American public. equivalent to a medical device that’s of this. I will not take up the whole Why should we take a chance on peo- been approved, all the company has to record, although it is a fairly short ple’s health when those medical de- be able to show is that it has the same document. vices are being carefully tailored and kind of safety protections that the ear- It continues along: Respondents’ rat- designed technologically to do some- lier device had, even though—even ing of the current business climate for thing that is different than is on the though—it is the intention of the med- the medical device. Here are the re- label? It just defies me. That is the ical device manufacturer to use that sults. A substantial majority of med- issue. medical device for an entirely different ical device executives said, medical de- So, as we go on through this survey purpose and market it for an entirely vice industry, good or excellent. report, talking about international different purpose, the FDA is prohib- Then it has executive ratings of de- markets: ‘‘Just as outlooks on business ited from examining the safety fea- vice industry business climate, 1993 to are influenced by market segments, so, tures. 1997: 58 percent good or excellent. Last too, they are affected by geographical Maybe those safety features are such year it was 58 to 11. Find me an agency markets. In fact, large companies have that they will significantly improve of Government where those who are a clear advantage over small ones in the health and well-being of the person being covered by the regulators are entering foreign markets. Of the com- that is using the medical device, but saying 58 percent approval, 11 percent panies surveyed, 91 percent were selling we ought to make sure at least that disapproval. An examination of this re- to the United States, just over half the agency has the information that view shows that it was down just in were doing business in Europe and Can- would justify that utilization. All this 1995, 37 to 23—37 percent approval, 23 ada, while 36 to 40 percent were in is happening against a background percent disapproval. Now that dis- Latin America. Of the largest compa- which demonstrates that the medical

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9775 device industry is happier with the ties under its jurisdiction within the MCCONNELL in the additional views FDA than at any time in the history of total amounts available for discre- they incorporated in the committee’s the 20 years, 23 years, of medical device tionary appropriations. Any member of report accompanying S. 830. legislation. Happier that there has the Senate who disagrees with the Madam President, I am hopeful that been a dramatic improvement in ap- committee’s recommendations is free the committee take this issue seriously proval timeframes, important improve- to seek to change the allocation of re- and will work in conference to remove ment in terms of safety. We are taking sources proposed in the bill. this appropriations mandate and pos- that excellent record and risking it However, annual appropriations deci- sible impediment to the continued suc- with this particular provision. It does sions should not be predetermined by cess of the Prescription Drug User Fee not make sense. the establishment of arbitrary appro- Act. This makes absolutely no sense at priations ‘‘floors’’ and ‘‘ceilings’’ in au- Madam President, I suggest the ab- all. We strongly believe that this provi- thorization bills. In this particular sence of a quorum. sion has to be altered or changed. We case, the bill seeks to dictate that The PRESIDING OFFICER. The have missed the opportunity to do that FDA’s salaries and expenses appropria- clerk will call the roll. on this particular legislation, but we tion be ‘‘held harmless’’ against infla- The assistant legislative clerk pro- will have further opportunities to do so tion—that for each of the next five fis- ceeded to call the roll. in the near future. cal years, the appropriations be at Mr. JEFFORDS. Madam President, I It is amazing to me, as we went least equal to the current appropria- ask unanimous consent that the order through consideration and as we were tions level, adjusted for inflation. If for the quorum call be rescinded. able to make progress on so many not, FDA cannot assess prescription The PRESIDING OFFICER. Without other items while advancing public drug user fees. objection, it is so ordered. health, but the medical device industry Madam President, I am certain that Mr. KENNEDY. Madam President, I does not want to deal with this one. each agency and program which re- am prepared to yield the remainder of They felt they had the votes. They had ceives appropriations would like to se- our time this evening. them this afternoon. But this is a long cure a similar protection against infla- Mr. JEFFORDS. Madam President, road. It is a long road, the completion tion. However, this is unrealistic in the we are not prepared to at this time, so of this whole process, and we are going current budget environment and incon- I suggest the absence of a quorum. The PRESIDING OFFICER. The to fight every step of the way. We have sistent with the levels available for clerk will call the roll. seen a variety of different options that discretionary appropriations under the The assistant legislative clerk pro- would attend the kind of concerns that bipartisan budget agreement. ceeded to call the roll. the medical device industry has put ex- Industry paid fees are expected to Mr. DASCHLE. Madam President, I pressed, which we and the FDA and the supplement rather than supplant FDA ask unanimous consent that the order administration were prepared to deal spending for drug approvals. For this for the quorum call be rescinded. with, but the device industry is unpre- reason, I understand the industry’s de- The PRESIDING OFFICER. Without pared and unwilling to do so. sire to make sure that FDA maintains objection, it is so ordered. So if they are unwilling, we are un- its current level of effort relative to willing at least to roll over. There are the drug approval process. However, as f a variety of different procedures which I indicated, it is unreasonable to at- MILITARY AIR CRASHES we will have to resort to in order to tempt to guarantee FDA protection Mr. DASCHLE. Madam President, on make sure that this threat to the pub- against inflation at the possible ex- Friday afternoon of last week, I was lic health of the American people does pense of other programs and activities. shocked and saddened to learn that a not go forward over the objections of It would be difficult for me as chair- B–1B bomber had crashed near Alzada, those who are in the best position and man of the Appropriations Sub- MT, during a routine training mission do represent the patients and the con- committee of jurisdiction to predict over the Powder River military oper- sumers. what agency or program restructuring ations area. The bomber was assigned By accepting this change in the pro- might occur over the next 5 fiscal to Ellsworth Air Force Base in South tections available to the American years, what a program or agency’s fu- Dakota, and all four crew members public at this time, we are not saying ture resource requirements might be, aboard the aircraft were killed. that the health of the American people or the fiscal constraints the sub- I wish to extend my deepest sym- is going to be advanced. If this par- committee might face in each future pathies to the families of those coura- ticular provision remains unchanged, a year. geous individuals. They died in the provision which effectively handcuffs Mr. President, it could be that the service of their country, and I know the FDA, it is the bottom line of the minimum mandated appropriations my colleagues join me in honoring medical device companies that will be level in this bill is met in each of those their memory and their sacrifice. enhanced. And ethical companies and years. However, it is just as likely that The B–1 accident was the sixth mili- the protection of the American people it would not be. The Appropriations tary air crash in 7 days. Although there will suffer. Committee will continue to do its work is no apparent connection between the That makes absolutely no sense. It is by considering the needs of every pro- accidents, Secretary of Defense Wil- basically and fundamentally wrong, gram and agency within its jurisdic- liam Cohen rightly asked the Air Force and we will continue the battle ahead. tion within the total resources avail- and the other branches of the Armed APPROPRIATIONS ‘‘TRIGGER’’ able to it. It will not feel constrained Forces to implement a 24-hour safety Mr. COCHRAN. Madam President, as to meet the proposed appropriations stand down to allow those who fly and chairman of the Appropriations Sub- ‘‘trigger’’ for the collection of prescrip- maintain U.S. military aircraft to committee with funding jurisdiction tion drug user fees if it remains in this focus on safety. for the Food and Drug Administration, bill. Despite the rash of accidents that oc- I am compelled to state my opposition I do not think it is the intent of the curred in recent days, the past year has to the appropriations mandate in this Labor and Human Resources Com- been a relatively safe year for the De- bill. While this bill reauthorizes pre- mittee or the Senate to set an arbi- partment of Defense. scription drug user fees for the next 5 trary mandate that might result in a Fifty-five military aviation accidents years, it also states that the FDA can- situation during the course of the next occurred this year compared to 67 last not assess those fees unless the appro- 5 years where these fees may not be year, 69 in 1995, and 86 in 1994. Although priation for FDA salaries and expenses collected. I believe this would under- this appears to be a good trend, the is at least equal to the appropriation mine the existing drug approval proc- Pentagon must strive to improve its for fiscal year 1997, adjusted for infla- ess and run counter to the interests of safety record even further, and they tion. the federal government, the industry, are doing that. The Appropriations Subcommittee and the American public. The issues I commend Secretary Cohen for im- will continue to balance the needs and and concerns I raise are similar to plementing a safety stand down and am requirements of all agencies and activi- those expressed by Senators GREGG and confident it will yield positive results.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9776 CONGRESSIONAL RECORD — SENATE September 23, 1997 If it helps to prevent just one crash or cer in the 37th Bomb Squadron at Ells- NFIB CAMPAIGN TO ABOLISH THE the loss of just one life, the safety re- worth Air Force Base. IRS CODE BY 2000 view will be well worth the effort. A longtime friend of Major Cakerice Mr. DOMENICI. Madam President, in As Secretary Cohen recently said, said Kirk was the ‘‘prototypical Iowa 1990 Senator Nunn and I cochaired the ‘‘The lives of our aircrews and pas- boy.’’ He ‘‘grew up in smalltown Iowa, Strengthening of America Commission sengers are very precious, and each loss tremendous sense of humor, very tal- which among its recommendations, is a great tragedy.’’ ented at sports, could learn something called for abolishing the current in- As the Air Combat Command, the Air quickly and do it.’’ come tax code, and replacing it with a Force and other branches of the Armed Major Cakerice was a member of the progressive consumption-based income Forces study safety this week, I hope Canyon Lake United Methodist Church tax code that would encouraged sav- all of us will take a moment to reflect in Rapid City, SD. He is survived by his ings and investment. on those committed and dedicated indi- wife, Myra; son, Brett; and daughter, The National Federation of Inde- viduals who lost their lives in military Kendra. pendent Business is in Independence, crashes in recent days. I would like to Capt. Gary Everett, who was engaged MO, today starting a nationwide peti- take a moment to review the excep- to be married, was the youngest of the tion drive that encourages all small tional lives of those four service mem- four who died in the B–1B crash on Fri- business owners to sign a petition call- bers from Ellsworth Air Force Base day. He was born in Brooklyn, NY, in ing upon the President and Congress to who died in the tragic accident last 1962 and grew up near Louisville, KY. abolish the IRS Code as of December week. His parents, three brothers, and one 31, 2000 and to replace it with a sim- Col. Anthony Beat was born in Wil- sister still live in Kentucky. pler, fairer tax code which will reward lard, OH, in 1951. He graduated from Gary graduated from the University work and savings. Ohio State University in 1973 and of Louisville with a degree in physics I intend to sign this petition and en- earned his commission through the Air in 1986 and earned his commission courage all of my colleagues to do like- Force Reserve Officer Training Corps through the Officers Training School 2 wise. the same year. years later. He served as B–1B Defen- NFIB is launching the petition drive During his long tenure in the Air sive Systems Officer in the 34th Bomb in Independence MO, home of President Force, Tony served in a number of ca- Squadron and as a weapons systems of- Harry Truman, who said, ‘‘The Buck pacities. He was a B–52 copilot, aircraft ficer in the 37th Bomb Squadron at stops here.’’ NFIB is telling the Amer- commander and instructor pilot. He Ellsworth Air Force Base. ican public that ‘‘the code stops here.’’ was also assigned to the Bases and Gary had many interests outside the NFIB could have started their cam- Units Division in the Strategic Air Air Force, including an online service paign in the town of Truth or Con- Command headquarters. Most recently, called RapidNet that he founded with sequences, New Mexico. When dealing he served as the vice commander of the two partners in Rapid City. Gary’s sis- with the IRS, ‘‘tell the truth or pay the 28th Bomb Wing at Ellsworth Air Force ter-in-law, Karen Everett, said ‘‘Gary consequences’’ could be their motto. Base. was a hero to all his younger cousins. But things have gone wrong. Compli- My staff and I had worked closely He was a wonderful role model for all ance has become lax or nasty. with Colonel Beat on a number of his achievements, in starting his own Despite a $7 billion in annual budget issues during his tenure as vice com- business, and for his emphasis on how and 106,000 employees the IRS failed to mander. His expertise and many ac- important education is.’’ collect an estimated $200 billion of complishments had a profound impact Captain Everett is survived by his taxes a year. on Ellsworth Air Force Base. parents, Joseph and Dorothy Everett, Tax collection is as nasty as it is lax. Colonel Beat was a member of the of Glasgow, KY; three brothers, James, In New Mexico, there is a sense of Ellsworth Black Hills Chapel and en- Joe, and William; one sister, Carol Ann frustration among people trying to joyed jogging, hunting, and fishing. He Johnson; and his fiance´e, Karen comply. Taxpayers receive computer is survived by his wife, Dolores Ann, Tallent of Rapid City, SD. generated letters. The letter is either a and their son, James Allen. Mr. President, we suffered a tragic short, brutish demand for more money Maj. Clay Culver grew up in Mem- loss on Friday. Col. Tony Beat, Maj. or an incomplete and unclear request phis, TN, and graduated from the Mem- Clay Culver, Maj. Kirk Cakerice, and for more documentation The letters phis State University in 1981. Since Capt. Gary Everett served nobly, and usually include no phone number, and earning his commission in 1983, Major they will be deeply missed. Their com- no contact person. Now, that is actu- Culver was an Advanced Electronic mitment and dedication to their fami- ally from my staff working with con- Warfare Systems instructor in the 453d lies, the Air Force, and our country stituents. The letters usually include Flying Training Squadron, an assistant will not be forgotten. no phone numbers and no contact per- operations officer, and defensive sys- Like many in South Dakota and son. tems officer instructor. throughout the country, my thoughts The letter strikes fear. The message Most recently, he served as an assist- and prayers are with the families of is clear—TRUTH or PAY the con- ant operations officer and weapons sys- those who lost their loved ones in this sequences. But the letter usually fails tems officer in the 37th Bomb Squadron terrible tragedy. And we think of them to explain what truth, in the form of at Ellsworth Air Force Base. now. additional documentation, is needed to Major Culver is survived by his wife, I yield the floor. avoid the consequences. Cynthia; a daughter, Ann; and son, Several Senators addressed the In New Mexico, my home State, the Parker. Mrs. Culver said recently her Chair. IRS letter could originate in Phoenix, husband ‘‘was doing the right thing, The PRESIDING OFFICER. The Sen- AZ, Ogden, UT, Albuquerque, NM, or and it was a very honorable way to ator from New Mexico. Dallas, TX. When constituents fail to go.’’ Mr. DOMENICI. Senator LEAHY, how figure out the point-of-origin them- Maj. Kirk Cakerice was born in 1954 long will you go? selves they come to my office. It takes in Eldora, IA. He graduated from the Mr. LEAHY. Madam President, I am a professional case worker at least 2 University of Northern Iowa in 1977 and sorry, I did not see the Senator from days just to track down the IRS office married Myra Van Sickle the same New Mexico. Under our normal prac- handling the case of a New Mexico resi- year. tice in these kind of times we tend to dent. Kirk earned his commission in 1982 go back and forth, so obviously the I know that the National Commis- and served in a number of assignments Senator from New Mexico would pro- sion on Restructuring the IRS has including B–1B Aircraft Commander, ceed. issued its report and that Senators instructor of B–1B Aircraft Com- Mr. DOMENICI. I have a few remarks GRASSLEY and KERRY have turned the manders, and cadet squadron com- regarding the IRS and the National recommendations into legislation that mander at the U.S. Air Force Academy Federation of Independent Businesses. takes a top-down approach giving the in Colorado Springs. Most recently, he The PRESIDING OFFICER. The Sen- IRS commissioner a longer term and served as an assistant operations offi- ator from New Mexico is recognized. more flexibility.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9777 But knowing what I know, I believe English. The Grassley-Kerry bill calls and investment—two activities that the legislation also needs to take a bot- for the creation of taxpayer assistance are of tremendous value to our econ- tom-up, common sense approach. Sim- centers where people can go for face-to- omy. ple things will make big differences. face assistance. I would suggest that I have given dozens of speeches on For example, letters from the IRS some of these places these people be bi- the Senate floor about why this is so. I should have a contact person and lingual for those who have difficulty am not going to do that today. phone number that will be answered by speaking English and filling out com- My message today is first, to encour- that one-and-the-same person. I don’t plicated forms. age every member of the Congress to mean a 1–800 number that is totally The current code is so complicated sign the NFIB petition calling for a automated. You have heard about it. It that unintended consequences are un- sunset to the IRS code, second, for is the number that is always busy, but avoidable. Congress to work quickly to solve the if you persist for about an hour you can We recently passed a middle class tax alternative minimum tax problem get through. Then it puts you on hold cut—but what the Congress intended, which threatens to undermine the mid- for another hour, and finally provides the alternative minimum tax takes dle class tax cut that everyone worked the following helpful choices: away. New information from the Joint so hard for, and, third, to move toward Press one for more instructions that Committee on Taxation estimate that a new Tax Code that will foster eco- you can’t understand; individuals paying the alternative min- nomic growth. Press 2 for more information that imum tax will increase from 605,000 in Mr. President, I yield the floor. will frighten you; 1997 to 8.4 million families by 2007 un- Mr. LEAHY addressed the Chair. Press 3 for information that will con- less something is changed. Part of this The PRESIDING OFFICER [Mr. fuse you further ; increase is caused by the new $500 child BROWNBACK]. The Senator from Press 4 for information that con- credit and college tuition credits. The Vermont is recognized. tradicts what we told you when you perversity of the alternative minimum Mr. LEAHY. I thank the Chair. pressed one, two or three; tax is that the more credits a family is f Press 5 for information that con- entitled to, the more likely it is that FCC REGULATIONS AFFECTING tradicts what we told your accountant the family will have to pay the alter- RURAL TELEPHONE RATES yesterday. native minimum tax. But we just built I wish I were kidding. these new credits into the code, taking Mr. LEAHY. Mr. President, I would Part of the problem is the IRS. But much credit with middle-income Amer- like to express my dismay, actually my part of the problem is the Congress, be- icans. Yet, the alternative minimum increasing dismay, at the direction the cause we passed the tax laws that made tax on individuals remains in effect. Federal Communications Commission the code too complicated. And for that Put another way, the alternative min- is taking, the misguided deregulation we should all stand up, if we voted for imum tax is hostile to families claim- of local telephone markets. those tax measures, and take our share ing the $500 child credit and the college When the Telecommunications Act of the blame. tuition tax credit. Middle class fami- was debated, and then when it was The IRS simplest return, the EZ form lies will find that their middle class signed into law, many supporters 1040 has 33 pages of instructions. That tax cut is partially taken away because hailed the legislation first and fore- is the easy form. The Form 1040 has 76 of the alternative minimum tax. most as a boon to consumers. pages. The Earned Income Tax credit The alternative minimum tax is com- We were told that because of the instructions are 23 pages and the work- plicated but it is also punitive. Fami- magical hand of competition, tele- sheet is as ambiguous as it is long. lies who thought they were in the 15 phone rates for consumers would de- The National Federation of Inde- percent tax bracket find themselves in crease; the free market system would pendent Businesses estimates that a 26 percent alternative minimum tax take over. America’s businesses will spend 3.4 bil- bracket. An 11 percent jump sounds bad Now, competition, if it is correctly lion hours, and individuals will spend but it is even worse when you remem- injected into the telephone market, 1.7 billion hours, simply trying to com- ber that the alternative minimum tax can lead to lower prices for consumers. ply with the tax code. That’s equiva- base is broader than the regular in- But the FCC’s ham-handed attempts to lent to 3 million people working full come tax base. In other words, you implement poor legislation—and it was time, year around, just on taxes. apply the new rate, the higher rate, poor legislation, which is why I voted Another problem with IRS compli- against a broader income than what against it—has made the problem even ance is that there are too many steps. you would have applied under the ordi- worse. I was recently contacted by constitu- nary return. During the debate of the tele- ents trying to get their Earned Income As I wrote Secretary Rubin last Fri- communications bill, I took the Senate check. The IRS is 6 months behind in day: ‘‘The alternative minimum tax is floor and expressed real strong con- New Mexico in reviewing the tax forms a trap for a growing number of Amer- cerns that skyrocketing telephone filed for Earned Income credits. The ican families. Most people don’t know rates for rural areas, like my own IRS is looking into about 1,600 claims that it exists and those who do, view it State of Vermont, seemed likely. I and requesting additional information as a tax on the rich, and not something wish I had been wrong, but unfortu- from the taxpayers. I don’t fault the to bother with. But that is not the nately my concerns seem justified. IRS for making sure that the claims case.’’ Even a bad telecommunications are legitimate, but I do find fault with ‘‘The passage of the Taxpayer Relief bill—and this was—could have been their process. Act is going to turn more and more partially mitigated by careful and The first letter from the IRS merely middle class taxpayers into alternative proper implementation. But the FCC informs you that you are not going to minimum tax payers, and at the same seems bent on wanting to take what get your EIC check until you contact time deny them a signficant portion of was a poorly done bill and make it IRS. the middle class tax cut[s we have worse. They want to exacerbate the The next step is to contact them and given them].’’ conditions I expressed concern about wait. In 6 weeks they will get back to We have to fix this unintended con- during debate on the bill. you with information on what informa- sequence, and do it quickly. Here is what has happened. tion they want from you to verify your Restructuring the IRS to be kinder Instead of increasing telephone serv- claim. and gentler will make taxpayers less ice competition, there are three alarm- In northern New Mexico, many peo- frustrated, but an equally serious prob- ing FCC decisions that will in fact re- ple speak Spanish. It is difficult for lem is the destructive impact that the duce telephone competition in rural them to understand English and cer- current code has on the economy. areas and will likely result in much tainly difficult for them to understand The current code adds about one- larger monthly telephone bills in the complexities that I have just de- third to the cost of capital, makes us States such as Vermont. scribed. It would be helpful if instruc- less competitive because it is not bor- The result may be that many rural tions were in Spanish as well as der adjustable, and it penalizes savings customers will not be able to afford a

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9778 CONGRESSIONAL RECORD — SENATE September 23, 1997 telephone at home. The dream of link- signal. In fact, you probably have to President Clinton said, ‘‘The United ing America together on the informa- pay for that. States will lead a global effort to tion superhighway, a dream of linking Of the top 15 States, almost all rural eliminate these terrible weapons and all parts of America, urban and rural, States, they can buy with only a rate stop the enormous loss of human life.’’ together will remain just that, a surcharge of 9 percent. That is money Those were inspiring words. However, dream, not a reality, because rural out of pocket. The act requires States as convinced as I am of the President’s America will be cut off. to have reasonably comparable rates. desire for a ban, I am as convinced that The Telecommunications Act di- Boy, this sounds great. You are from a a tremendous opportunity was lost last rected the FCC to ensure that rates for rural State or from an urban State, week. An opportunity that rarely phone service in rural areas remain roughly comparable rates. Who could comes in history. reasonably comparable to rates in disagree? Except what happens, if you As a USA Today editorial put it, urban areas. Now, I understand there are paying a 1- or 2-percent surcharge ‘‘having blown the best chance ever to are details being worked out, but many in one State and in another State a 30- negotiate an acceptable international of the decisions already rendered by or 35-percent surcharge, you are not ban on landmines, the Clinton adminis- the FCC do not bode well for rural roughly comparable, and there is no tration now finds itself churning in the States like Vermont. way these States can compete. wake of world affairs. The United For instance, the FCC decided the Would it not have made more sense States has joined a few nations, includ- Federal universal service support to say every State pays about 2.6, 2.5 ing rogue states like Iran and Iraq, on would be raised only from the inter- percent surcharge? Then everybody the outside of a remarkable process.’’ state revenues of interstate carriers. would be on an even playing field, There are many losers in the admin- So what does that do? The FCC places whether you are a company in North istration’s last-minute failed attempt off limits more than half of the retail Dakota or in Vermont, or you are a to negotiate in Oslo. Unfortunately, revenue available from the telephone company in Michigan or Pennsylvania, the most notable losers were the inno- industry. at least basic costs would remain the cent victims of landmines who the Second, the FCC has ruled they same. If you were a homeowner, if you treaty aims to protect. Mr. President, would support only 25 percent of the were a renter, if you were in those the victims of landmines are almost in- need even in a high-cost rural State States, your costs would be roughly variably children and innocent civil- like Vermont. This leaves 75 percent of comparable. ians. the need to be raised by the States Under the FCC’s proposal, which Because while the treaty is im- themselves, presumably from the intra- make no sense at all, many experts mensely important for establishing a state revenues generated in those predict an increase in the 100 percent new norm of conduct, until the United States, in other words, to raise the to 200 percent range for phone rates in States signs it, there will never be a largest amount from the small rural these very rural States. Now, I am one worldwide ban. There is simply no sub- States. Vermonter who would not stand for stitute for the credibility and influence And third, they seem to repeal the that, and I cannot imagine any other of the United States to bring reluctant high-cost support as we know it. Vermonter standing for that. nations on board and make sure that Let me show you on this chart, Mr. I think the time will prove these un- violators of the treaty are caught and President. This shows a likely result of fortunate predictions correct, as rural punished. There is no way to fully stig- the FCC’s three decisions. phone companies go out of business, matize these weapons and curtail the This assumes the States are going to the bigger competitors cherry pick the use, as has been done with poison gas, have to make up the support that the best customers, and the rural areas, without U.S. leadership far stronger FCC now says it will not provide. Let you might as well go back to smoke than we have seen today. us see what this means. The blue signals, Pony Express, or shouting And the tragedy of our country’s de- vertical bars show the anticipated across the valleys because you will not cision is that it was avoidable. Al- State surcharges on intrastate reve- be able to do it by picking up the though the President said his adminis- nues; that is, if they want to make up phone. tration had gone the extra mile to find the difference. The red bars show an al- I think the FCC is letting a golden an acceptable compromise in Oslo, I ternative approach, which the FCC did opportunity slip by. I think, Mr. Presi- must respectfully and honestly dis- not adopt, where all needed support dent, we may have given them the op- agree. would come from a uniform Federal portunity by casting rural areas over Two weeks ago I went to Oslo where surcharge on all telephone revenues. the side in that Telecommunications I met with representatives of govern- Let me tell you what this means. If Act. Even tossing them over side, you ments, including the United States, they had done what they should have would have thought the FCC would and nongovernmental organizations done, almost all States would have have put out a net or a helping hand. that were participating in the treaty paid about a 2-percent surcharge to Instead, it looks like they tied the an- negotiations. make up the difference. That is the red chor around their neck as they went by The treaty they adopted was nothing line on the chart. Whether you are in and dropped them into the ocean. short of a miracle. In less than a year, the District of Columbia or North Da- f nations as diverse as our closest Euro- kota, whether you are in New Jersey or pean allies who have been major pro- Wyoming, you will be paying roughly LANDMINE BAN TREATY ducers of landmines, to Mozambique the same. Mr. LEAHY. Mr. President, last whose people have been killed and However, instead of doing that, what week, President Clinton announced maimed by landmines, joined together the FCC has said, to heck with rural that the United States would not join in finalizing a treaty that does nothing States. Instead of keeping a surcharge nearly 100 nations, including most of less than ban the use, production, about the same for everybody, they tell our NATO allies, in a treaty to ban stockpiling, and transfer of a category North Dakota they will have to come antipersonnel landmines. of weapons that Civil War General Wil- up with about 33 percent, South Da- I want to take a few minutes to re- liam Tecumseh Sherman called ‘‘a vio- kota about the same, Wyoming, just spond to the President’s decision. lation of civilized warfare’’ over a cen- under 30 percent, Montana similar to First, let me say that President Clin- tury ago. that, New Mexico and Kansas up over ton and I have spoken many times I call the Ottawa Treaty a miracle about 12 percent. If you are a small about the landmine issue. I am con- because it was only 11 months ago that rural State, what they are saying is vinced he wants to see these weapons Canadian Foreign Minister Lloyd forget about being part of the tele- banned from the face of the Earth. He Axworthy launched what is now called communication revolution. If you are a and I have discussed the horrendous the ‘‘Ottawa process.’’ At the time, no small rural State, forget about being toll of innocent lives that landmines one knew how many nations would told the U.S. Congress has given you a cause, and in speeches at the United take part or where it would lead, not good deal in the Telecommunications Nations he has twice called for a world- even Minister Axworthy. It was a bold Act. You have just got a disconnect wide ban. and courageous leap of faith, and the

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9779 same kind of leadership I and so many But we hear those same arguments They wasted valuable time by pur- others hoped to see from the White today. The same failed arguments of a suing negotiations in the U.N. Con- House last week. decade ago. Today when a Pentagon of- ference on Disarmament even when it The Ottawa Treaty culminates two ficial was asked about the tens of thou- was clear that avenue was blocked. decades of failed attempts to deal effec- sands of American landmine casualties They said the United States would only tively with the landmine problem. Two in Vietnam, he said that was no longer give up its mines if all nations did, decades ago many of the same nations relevant because ‘‘smart’’ mines had knowing that, like the chemical weap- that gathered in Oslo met in Geneva to ‘‘solved their problem.’’ ons treaty, there is no chance of that draft a treaty to address the growing Of course, they have not solved it. happening for decades. And when they concerns of the effects of landmines on Almost no one besides the United finally decided at the 11th hour to go civilian populations. Landmines had States uses those mines. In Bosnia, to Oslo, they went with demands that been widely used in Southeast Asia, more than 250 U.N. and NATO soldiers had no chance of being accepted, and and they were being sown like seed in and thousands of civilians have been little flexibility to negotiate. Afghanistan and Central America and injured or killed today by the same Any of the nations in Oslo that have many African countries. Vast areas types of mines used in Vietnam a gen- pledged to sign the Ottawa treaty were being laid to waste with the inno- eration ago. could make a stronger case to continue cents paying the horrifying price. I As I have said so many times, an ef- using these weapons than the world’s have seen victims, all over the world, fective international agreement based only superpower. Basically, the United of these indiscriminate weapons. on stigmatizing a weapon cannot have States went to Oslo and said: we are My wife is a registered nurse and has different standards for different na- the most powerful Nation on earth, but visited the hospitals where the ampu- tions. The importance of this principle we can’t give up our anti-personnel tations take place, where broken bod- cannot be overstated. It is what mines because we have better tech- ies are put back together as best can be underlies any international agreement. nology, but you less powerful nations, done in countries where medical care is When the Princess of Wales spoke you should give up your mines. often rudimentary. about the insidious toll of landmines, Well, Mr. President, the Pentagon is, That treaty, however—the Conven- she said, ‘‘Before I went to Angola, I understandably, deeply reluctant to tional Weapons Convention—utterly knew the facts, but the reality was a give up a weapon that has some util- failed to achieve its goal. It was shock.’’ Unfortunately, the reality that ity—and it does—even if doing so would doomed to fail because of the fact that Princess Diana saw was a reality which pressure others to end the suffering of landmines are inherently incapable of far too few government officials have innocent people. Like any government distinguishing between civilians and experienced, including many people at department, the Pentagon’s job is to combatants, and that fact was never the Pentagon. When people have gone protect its options. It has always re- even acknowledged in Geneva, much with me and seen the carnage caused sisted giving up weapons, from coun- less addressed. Instead, in diplomatic by landmines, they have a new under- termanding General Pershing in the niceties, by people who would never standing. 1920’s at the first Geneva convention have to face landmines themselves, A year ago, after the President urged when he wanted to ban poison gas, to they adopted vague limits of how all nations to complete a ban treaty nuclear testing in the 1990’s. If a Pen- mines could be used. Those limits were ‘‘as soon as possible,’’ it became clear tagon official is asked what he or she then routinely ignored. In the years that the administration was not will- needs, the answer is always ‘‘more.’’ since then, the devastation inflicted by ing to show the kind of leadership that More firepower might mean fewer cas- landmines on innocent people, often was necessary to turn those words into ualties, so the Pentagon has resisted the poorest people in the world, has in- reality. the pressure to give up antipersonnel creased dramatically. In fact, Mr. Instead, other countries, led by Can- landmines. President, it was the widespread rec- ada and hundreds of nongovernmental The President is constantly faced ognition of the failure of that treaty organizations, stepped into the void. In with departments that do not want to which led to the Conventional Weapons a matter of months we saw the number cut their budget or eliminate pro- Review Conference 2 years ago. Fi- of nations participating in the Ottawa grams. That is why he has the National nally, it seemed there could no longer process exceed 100, including many na- Security bureaucracy, to make those be any excuse for doing whatever was tions that were producers and export- hard decisions. In the case of weapons necessary to stop the carnage wrought ers and users of antipersonnel mines. of mass destruction like nuclear and by landmines. Those nations came together deter- chemicals weapons, his advisers have That was the hope. Unfortunately, mined to overcome past failures be- found ways to work closely with the the reality was a lot different. Rather cause they knew about those failures. Pentagon to find creative solutions. than devise a roadmap for ridding the Many had suffered the effects of land- But when issue of landmines reached world of these weapons, governments, mines because of those failures. They the surface a year and a half ago, no- including our own, fought for the right came together to do the only thing body in the administration was willing to use them. The idea of a ban was that could solve the landmine prob- to aggressively challenge and prod the barely mentioned. The amended pro- lem—ban the types of landmines that Pentagon into finding a workable solu- tocol, while preferable to the original, are triggered by an innocent footstep, tion. Without that prodding, the Joint did far more to reaffirm the legitimacy ban them without exception, ban them Chiefs put far more effort into blocking of landmines than to stop their use. without reservation. And they wanted the U.S. from joining the ban than into Once again, governments had failed to the United States to be part of it. planning how to live with it—even act with anything like the decisiveness When I was in Oslo I found a genuine though there were those in the Pen- that was called for. desire to try to accommodate the tagon who at least were honest enough So it is important to remember that United States, if it could be done with- to privately point out the fallacies in the Ottawa process evolved only after out weakening the treaty. the assumptions underlying the Penta- years of failed attempts by govern- But the administration seriously un- gon’s own arguments. ments to solve this problem in the tra- derestimated the worldwide commit- As recently as a few weeks ago—and ditional way. There was no shortage of ment for a ban. For months, the White the Pentagon did not serve the White impassioned speeches about the harm House belittled the Ottawa process. House well in this—White House offi- landmines were causing the innocent. Since it wasn’t their idea, they refused cials were not even aware of the weak- But the expressions of outrage were to take it seriously. And rather than nesses in the Pentagon’s doomsday pre- qualified with the assertion that the throw the weight of the United States dictions about the consequences of re- problem wasn’t the mines themselves, behind Canada to help achieve some- moving antipersonnel mines from but other people, always other people, thing unprecedented in history, some- Korea, or even aware of the fact that who used them irresponsibly. You thing that would have taken both cour- the Pentagon was, at least internally, would think it was a tea party rather age and imagination, the administra- divided over some of the same argu- than arms control. And the carnage, of tion tried to talk other governments ments they had made at the White course, continued. out of taking part. House.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9780 CONGRESSIONAL RECORD — SENATE September 23, 1997 They did not even have a thorough ban on landmines. I have always sup- and to aid the victims. I join him in grasp of the treaty’s provisions. Right ported efforts to negotiate an inter- that. But I remind the President and up until the end, there were those in national export ban in the U.N. Con- the Pentagon that each of these efforts the administration who were unaware ference on Disarmament. was started by the Congress. They are that the treaty effectively grants a But, Mr. President, the clock is tick- vitally important, and I welcome the twelve-year grace period for removing ing, and there should be no mistake. President’s announcement that he existing minefields, such as in Korea. The Ottawa treaty is the only hope for wants to expand them. But even ex- Last week, the Secretary of Defense achieving a comprehensive worldwide panding something like the Leahy War wrote in the Washington Post that ban on these weapons. There is no Victims Fund is no substitute for put- ‘‘millions’’ of lives could be lost if the other treaty. If the United States does ting an end to the use of these weap- U.S. signed the treaty because North not sign in December, we have to find ons. Korea might interpret our signing as a a way to sign at the earliest possible I want the United States to show the loss of resolve and start a war because time. kind of leadership that is expected of of it. Good Lord, Mr. President. This is That is not going to happen as long the world’s leading democracy, the as bad as ‘‘the Russians are coming, as the Pentagon pretends that a weap- greatest democracy history has ever the Russians are coming’’ scenario we on it called an antipersonnel landmine known. The United States was a found- heard, even as the Russian army was a few months ago, and which the Presi- er of the League of Nations and the collapsing internally. Not only is that dent pledged to ban a year ago, has United Nations. We have been a leading about that as far-fetched as any dire suddenly, miraculously, overnight be- force in every significant humanitarian Pentagon prediction I have heard yet— come no longer an antipersonnel mine law treaty and arms control treaty in and that includes its assessment of the if it’s placed near an antitank mine. history. Leadership by definition Red Army that was fit to conquer the They tried that in Oslo; they tried to means taking risks. It means having world—it could not even conquer change the definition. It would have in- the faith and courage to seize an oppor- Chechnya—it ignores the conclusion of vited any nation in the world to use tunity that comes rarely in history and every serious Pentagon analyst that a antipersonnel mines—dumb, smart, rejecting the conventional wisdom, and North Korean invasion would be de- just average, or any type—indefinitely, taking a dramatic step. stroyed, with or without antipersonnel as long as they were in the vicinity of The chemical weapons treaty would landmines, before it could traverse 50 an antitank mine. It was a terrible idea not exist had it not been for the United miles down narrow, pre-targeted moun- and literally a loophole big enough to States taking such a step. The nuclear tain passes to Seoul. If antipersonnel fly a 747 through. test ban treaty would not exist without landmines are going to determine the If the use of antipersonnel mines our leadership. fate of South Korea, South Korea near antitank mines is what prevents The United States showed its capac- ity for greatness with the Marshall ought to surrender. But the fact is, the United States from signing the Plan. We didn’t say we would rebuild South Korea has a far better trained, treaty, then solve it. We run a little Europe ‘‘except for this country or that better equipped army, is better moti- Rover around on Mars. If we can do country.’’ We said all should benefit, vated than North Korea, and is backed that, we can solve this problem. If the including our former enemies. I am by the might of the most powerful Na- Pentagon had spent the past three proud of what my country did then, tion on earth. A North Korean invasion years since the President first called and I want to see the same kind of would be suicidal, and they know it for a worldwide ban really trying to leadership now. and everyone knows it. A former com- solve that problem rather than to keep The Ottawa treaty will be signed in mander of our forces in Korea says from having to solve it, the United December. There is still time for the scattering landmines there would im- States might have been able to show White House to reconsider. Fourteen pede the mobility of our own forces, the leadership on this issue that the Nobel laureates sent a letter to Presi- and inflict casualties on our own world needs and, frankly, the world dent Clinton last week urging him to troops. wants. reconsider. There is still time to ag- But it does not even matter, because This is not a public relations problem gressively engage the Pentagon on the the other countries in Oslo were pre- to be managed. This is not about try- technical issues that have prevented pared to try to accommodate U.S. con- ing to find some way to convince a the President from agreeing to sign. If cerns on Korea. Had the White House focus group. It is not a question of val- we do not have a plan for solving them not waited until the last minute to get uing the lives of American soldiers by December, then get busy and solve involved, a solution could have been more or less than the lives and limbs of them. At least commit to signing it at found. In fact, many of us told them innocent civilians. Both soldiers and a future date. That is what the world that months ago. civilians will benefit from a landmine needs to hear. It is the least we can do. Over 60 Members of the U.S. Senate, ban. It is about the one nation on this Mr. President, the Ottawa treaty will Republicans and Democrats, including planet, whose power and influence and set a moral standard for the next cen- every veteran of combat in the Viet- moral authority are unmatched, the tury that even those nations who do nam war, have signed onto legislation nation that I am proud to serve in the not sign will ignore at the risk of being to ban antipersonnel landmines. In U.S. Senate. It is about this nation condemned as international outlaws. It fact, Mr. President, the Leahy-Hagel seizing the best opportunity there is will be a tribute to those nations who bill would do no more than what Great ever going to be to deal with a problem recognize the urgency that this human- Britain, Germany, South Africa, that is needlessly plaguing so many itarian crisis demands. The treaty ends France, and a lot of other nations have countries. the 20th century, the bloodiest in his- already pledged to do, over the objec- Staying outside this treaty is not an tory, in a way in which the world can tions of some of their own armed option. We have to be part of it, if not be justly proud. It is our gift to the forces. In fact, it does not go as far be- now, then we need to do what needs to next century. The United States should cause it gives the President broad be done to become part of it. be part of it. flexibility on Korea, which the Pen- I might note, Mr. President, that I said in Oslo that my wife and I look tagon has called a unique situation— Japan, which like the U.S. also ex- forward, with great pleasure, to the ‘‘the Cold War’s last frontier.’’ The pressed concerns about the treaty in birth of our first grandchild at the be- Pentagon said they need time to take Oslo, is apparently reconsidering its ginning of next year and, God willing, care of Korea. Our legislation gives position and may sign in Ottawa after that child will live most of his or her them more time than they need. all. I wrote to their foreign minister life in the next century. My prayer is I was encouraged by the President’s saying I hope they do this. It would be that it will be a century where armies statement last week that he wants to extremely significant, as many Asian of humanity dig up and destroy land- work with Congress. I welcome that, nations look to Japan for leadership. mines and no one puts new ones down. and I thank him for the kind words he President Clinton also spoke of ef- I ask unanimous consent that the spoke about my efforts. I really do be- forts the United States is making to Nobel laureates’ letter to the President lieve that he wants to see a worldwide help other nations get rid of landmines, be printed in the RECORD.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9781 There being no objection, the letter Mr. LEAHY. Mr. President, I thank Mr. President, these changes correct was ordered to be printed in the the Chair for his consideration and lis- minor drafting errors and incorporate RECORD, as follows: tening to this long speech. While I have the suggestions of several supporters SEPTEMBER 18, 1997. spoken maybe 50 times on this issue on for minor improvements. These DEAR PRESIDENT CLINTON: We are writing the floor, I thought it was important to changes, however, do not affect the to demonstrate our support of the many put in the RECORD exactly what has amendment’s overall philosophy, which other individuals and organizations urging happened and why the United States is is to restore the decisionmaking au- the United States government to sign a trea- not on the treaty, but to also implore thority for the education of our chil- ty for a comprehensive ban on anti-personnel the President, who I feel does want to dren to where it belongs; the hands of landmines along with 100 other nations scheduled to meet in Ottawa this December. see it ban landmines, to take the steps parents, teachers, principals, super- Mr. President, we ask you to reflect on re- necessary so the United States can be intendents, and school board members. percussions of your final decision on this part of this treaty. I look forward to discussing this issue matter. We are aware that you plan to condi- I yield the floor. further with my colleagues during con- tion your approval of the ban on the inclu- Mr. ENZI. Mr. President, I ask unani- ference committee meetings. sion of certain exceptions considered vital to mous consent that the order for the f U.S. security interests and in the best inter- quorum call be rescinded. est of military personnel. Consider for a mo- The PRESIDING OFFICER. Without THE VERY BAD DEBT BOXSCORE ment the dangerous precedent that would be Mr. HELMS. Mr. President, at the set if the United States asks for concessions. objection, it is so ordered. Indecision by a world superpower is sure to f close of business yesterday, Monday, September 22, 1997, the Federal debt undermine the long effort to reach this ban, MORNING BUSINESS only leading to further delays. stood at $5,378,803,586,241.44. (Five tril- It is clear that every additional week of Mr. ENZI. Mr. President, I ask unani- lion, three hundred seventy-eight bil- delay will leave hundreds of innocent men, mous consent that there now be a pe- lion, eight hundred three million, five women, and children dead or maimed due to riod of morning business with Senators hundred eighty-six thousand, two hun- these devices whose military value is highly permitted to speak for up to 5 minutes dred forty-one dollars and forty-four questionable. The recently publicized 1972 US each. cents) Army report vividly describes the terrible The PRESIDING OFFICER. Without toll US anti-personnel landmines have taken Five years ago, September 22, 1992, on its own soldiers during the Korean and objection, it is so ordered. the Federal debt stood at Vietnam conflicts. f $4,040,323,000,000. (Four trillion, forty billion, three hundred twenty-three We, Nobel Peace Laureates, are joining the LABOR, HEALTH AND HUMAN Albert Schweitzer Institute for the Human- million) SERVICES, EDUCATION APPRO- ities, named after the renowned humanist Ten years ago, September 22, 1987, PRIATIONS ACT—AMENDMENT and Nobel Peace laureate Dr. Albert the Federal debt stood at NO. 1122 Schweitzer, and the Connecticut Coalition to $2,353,878,000,000. (Two trillion, three Abolish Landmines in the international call Mr. GORTON. Mr. President, I am hundred fifty-three billion, eight hun- to ban landmines. We add our collective here to outline certain changes to my voice to that of many other individuals, or- dred seventy-eight million) ganizations and governments who strongly amendment that was accepted as part Fifteen years ago, September 22, 1982, support this ban. of the Labor, Health and Human Serv- the Federal debt stood at As the leader of a major world power, it is ices, Education Appropriations Act as $1,107,571,000,000. (One trillion, one hun- in your hands to demonstrate courageous passed by the Senate. These changes dred seven billion, five hundred sev- leadership and endorse the comprehensive will be submitted to the House-Senate enty-one million) ban on landmines. conference committee. My amendment, Twenty-five years ago, September 22, Donald S. Gann, on behalf of American No. 1122, would block grant funds from 1972, the Federal debt stood at Friends Service Committee, 1947; Dr. several K–12 education programs in the Norman E. Borlaug, 1970; Mairead $437,448,000,000 (Four hundred thirty- Maguire, 1976; Betty Williams, 1976; Department of Education and send seven billion, four hundred forty-eight Mother Theresa, 1979 (verbal agreement those funds directly to school districts. million) which reflects a debt increase given three days before her death); These changes have been incorporated of nearly $5 trillion—$4,941,355,586,241.44 Adolfo Perez Esquivel, 1980; Lech into a new draft of the amendment. (Four trillion, nine hundred forty-one Walesa, 1983; The Most Rev. Desmond The genesis of the changes is a series billion, three hundred fifty-five mil- Tutu, 1984; Dr. Gurwarj Mutalik, on be- of discussions with my colleagues in lion, five hundred eighty-six thousand, half of International Physicians for the the Senate and other interested par- two hundred forty-one dollars and Prevention of Nuclear War, 1985; Elie ties. While these changes correct minor Wiesel, 1986; Oscar Arias Sanchez, 1987; forty-four cents) during the past 25 Mikhail S. Gorbachev, 1990; Joseph drafting errors, they do so without years. Rotblat, on behalf of Pugwash Con- changing the overall philosophy of the f ferences on Science and World Affairs, amendment. The most significant of 1995; Bishop Carlos Felipe Belo, 1996; the changes exclude from the block CONGRATULATIONS TO CHARLEY Jose Ramos Horta, 1996. grant entirely any funds from the L. BYRD CELEBRATING HIS 100TH BIRTHDAY f Adult Education, Vocational Edu- cation, and Rehabilitation Services Mr. ASHCROFT. Mr. President, I rise FOOD AND DRUG ADMINISTRATION programs, programs not primarily di- today to encourage my colleagues to MODERNIZATION AND ACCOUNT- rected at K–12 education. Other pro- join me in congratulating Charley L. ABILITY ACT OF 1997 grams excluded from the block grant Byrd of Lentner, MO, who will cele- The Senate continued with the con- are: Indian Education, the Inexpensive brate his 100th birthday on October 23, sideration of the bill. Book Distribution Program, Arts In 1997. Charley is a truly remarkable in- Mr. LEAHY. Mr. President, after con- Education, Star Schools Program, and dividual. He has witnessed many of the sultation with my distinguished col- Technology Innovation Challenge events that have shaped our Nation league, my dear friend from Vermont, grants. into the greatest the world has ever Senator JEFFORDS, I have been author- Finally, the distribution of bilingual known. The longevity of Charley’s life ized to yield back all remaining time education funds is changed. These has meant much more, however, to the for today on S. 830. funds will be sent to school districts in many relatives and friends whose lives The PRESIDING OFFICER. The time the same proportion as the funds were he has touched over the last 100 years. is yielded back. distributed in fiscal year 1997, much Charley’s celebration of 100 years of Mr. LEAHY. Mr. President, I suggest like title I funds are distributed in the life is a testament to me and all Mis- the absence of a quorum. amendment. For example, if a school sourians. His achievements are signifi- The PRESIDING OFFICER. The district were eligible for .25 percent of cant and deserve to be recognized. I clerk will call the roll. all bilingual education funds in fiscal would like to join Charley’s many The legislative clerk proceeded to year 1997, it will be eligible for the friends and relatives in wishing him call the roll. same share in fiscal year 1998. health and happiness in the future.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9782 CONGRESSIONAL RECORD — SENATE September 23, 1997 HONORING THE JOHNSONS ON to understand the safety of American Positive toxicology results were found for THEIR 50TH WEDDING ANNIVER- workers, we must have data available 125 of 829 cases for which reports were avail- SARY to us. The inclusion of this analysis in able for 1991. Alcohol was present in 49% of the annual report sends a message that the 125 cases; amphetamines were present in Mr. ASHCROFT. Mr. President, fami- 12%; marijuana in 12%; and cocaine in 10%. lies are the cornerstone of America. we do care about the safety of Amer- For 1992, positive toxicology results were The data are undeniable: Individuals ican workers. found for 214 deaths out of 1,355 for which re- Prior to being elected to the U.S. from strong families contribute to the ports were received. Alcohol was present in Senate, I was an accountant for Dunbar society. In an era when nearly half of 52% of the 214 cases; cocaine in 17%; mari- Well Service in Wyoming—a large, all couples married today will see their juana in 13%; and antidepressants, amphet- independent oil well servicing com- amines, barbiturates, morphine, codeine, union dissolve into divorce, I believe it pany. Aside from my accounting re- methadone or other substances in 17%. These is both instructive and important to sponsibilities, I also traveled the State figures exclude cases in which there were honor those who have taken the com- collecting urine and saliva samples toxicological findings that could have been mitment of ‘‘till death us do part’’ seri- from our employees. Not only have I due to the life-saving efforts of hospitals or ously, demonstrating successfully the others. A positive toxicological finding none- given alcohol and substance abuse theless does not establish the extent to timeless principles of love, honor, and tests, but I’ve been tested. I understand fidelity. These characteristics make which alcohol or drugs contributed to the fa- a thing or two about validity and dig- tality. our country strong. nity. This analysis doesn’t hinder ei- I would be happy to meet with you or your For these important reasons, I rise ther of those traits. Safety in the staff to discuss the toxicological studies the today to honor Lois and Delmer John- workplace should be everyone’s con- Bureau has conducted and their findings. If son of St. Joseph, MO, who on October cern. However, if we don’t understand you feel, based on that discussion, that it 12, 1997, will celebrate their 50th wed- how our workers are killed on the job, would be valuable to repeat this type of ding anniversary. My wife, Janet, and I study, the Bureau will gather and analyze then we only deceive ourselves. This toxicology reports on workers who have been look forward to the day we can cele- analysis will provide a better under- brate a similar milestone. The John- fatally injured on the job during calendar standing of why and how frequently al- year 1998, and will issue a report no later sons’ commitment to the principles cohol and drugs play a contributory than six months after the data collection is and values of their marriage deserves role in fatal work injuries. completed. to be saluted and recognized. Mr. President, I ask unanimous con- I hope you find this information useful. f sent that the letter sent to me from Please let me know if we can be of further BLS Commissioner, Katharine Abra- assistance. Sincerely yours, BUREAU OF LABOR STATISTICS ham, be printed in the RECORD. TOXICOLOGY ANALYSIS There being no objection, the letter KATHARINE G. ABRAHAM, Commissioner. Mr. ENZI. Mr. President, the lack of was ordered to be printed in the f information pertaining to alcohol and RECORD, as follows: substance abuse fatalities in the work- U.S. DEPARTMENT OF LABOR, REGARDING PRODUCT LIABILITY place is alarming. If we are serious Washington, DC, September 4, 1997. REFORM about the safety of American workers, Hon. MICHAEL B. ENZI, Mr. ENZI. President, I rise to briefly we must carefully examine all contrib- U.S. Senate, Hart Senate Office Building, Washington, DC. discuss S. 648, a bill to establish stand- uting factors that pose a potential DEAR SENATOR ENZI: I am writing regard- ards and procedures for products liabil- threat while on the job. ing the proposal to require the Bureau of ity legislation. I am proud to be a co- I had intended to offer an amendment Labor Statistics (BLS) to gather and analyze sponsor of that bill and I feel that it to the Labor, HHS and Education Ap- toxicology reports on workers who have been should be a legislative priority for con- propriations bill that would instruct fatally injured on the job. sideration during this session of the the BLS to incorporate in their annual Since 1991, the Bureau has conducted the Census of Fatal Occupational Injuries 105th Congress. report an analysis of toxicology reports (CFOI), which compiles a complete roster of In the 104th Congress, both the House in the Census of Fatal Occupational In- workers who are fatally injured at work each and Senate passed meaningful product juries. After meeting with the BLS year, along with details about the fatal liability reform legislation only to Commissioner, Katharine Abraham, we events. In 1991 and 1992, the Bureau con- have it vetoed by President Clinton. agreed that the BLS will again perform ducted research studies in which toxicology The President now indicates that he this important analysis during the cal- reports were collected as part of the fatality wants to sign a products liability re- endar year 1998 and issue a report no census. The reports were analyzed with the form bill. Legal reform has the broad help of Dr. William M. Marine, Professor of later than 6 months after the data col- Preventive Medicine and Biometrics at the support of the American people and lection is completed. This agreement University of Colorado Health Sciences Cen- strong bipartisan support in Congress. dismisses the need for a congressional ter. With each passing day, we are losing mandate. I appreciate BLS’s coopera- Toxicology reports were obtained from a an opportunity to do the people’s busi- tion in properly addressing this mat- variety of sources, including medical exam- ness by not enacting common sense ter. iner or coroner reports, police reports of legal reform. S. 648 is designed to inject In 1992, the Department of Labor ini- motor vehicle accidents, and autopsy re- some common sense into runaway pu- tiated a program to compile data on ports. In some jurisdictions, toxicology re- ports are not available to BLS because of nitive damage awards in view of the how alcohol and drugs contributed to State confidentiality requirements. It also need for some semblance of uniformity fatal work injuries. The BLS’s Census should be noted that toxicology tests are not in our National interstate commerce of Fatal Occupational Injuries Program completed for all deaths. Often tests are per- system. collected 1,355 toxicology reports from formed only when there is a suspicion of Last May, the United States Su- 43 States and the District of Colum- drugs present, though the practice regarding preme Court held in BMW in North bia—roughly one report for every four conduct of toxicology tests varies by State. America v. Gore, that punitive damages of the 1992 fatalities. About one-sixth In 1991, for example, the share of work-re- can be considered so excessive as to of the cases for which toxicology re- lated fatalities for which toxicology reports violate a defendant’s constitutional were available varied from more than 50 per- ports were available, fatally injured cent (in 8 of 23 States for which reports were due process rights. It seems that many workers tested positive for toxic sub- provided) to less than 10 percent (in 10 of the courts have not heeded this lesson. stances. The most frequent cases 23 States). Just a few weeks ago, another case re- showed alcohol use followed by cocaine For 1991, 23 of 31 States that participated ceived national attention for the enor- and marijuana. in the fatality census provided toxicology re- mity of its punitive damage award. A Unfortunately, the BLS stopped col- ports. Toxicology reports were available for jury in a Louisiana State court levied lecting this data in 1995. Although this 28% (829) of the 2,968 work-related fatalities a $2.5 billion punitive damage award in the 23 States. For 1992, 43 States and the data was only reported over a 3-year District of Columbia submitted toxicology against CSX Transportation corpora- span, it clearly shows that alcohol and reports. Reports were received for 1,355 tion and $1 billion against the other de- substance abuse is a major contributor deaths representing 25% of the total work-re- fendants in the case for their involve- to fatal workplace injuries. In an effort lated fatalities in these States. ment in a 1987 tank car fire. The court

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9783 awarded this enormous punitive judg- EC–3004. A communication from the Coun- Federal physicians comparability allowance ment despite findings by the National cil of the District of Columbia, transmitting, authority, and for other purposes; to the Transportation Safety Board (NTSB) pursuant to law, copies of D.C. Act 12–139 Committee on Governmental Affairs. EC–3019. A communication from the Chief that CSXT did not cause the accident adopted by the Council on July 1, 1997; to the Commitee on Governmental Affairs. Financial Officer of the Department of the and that no serious injuries resulted EC–3005. A communication from the Coun- Interior, transmitting, pursuant to law, the from the accident. cil of the District of Columbia, transmitting, report on accountability for fiscal year 1996; In light of these egregious examples, pursuant to law, copies of D.C. Act 12–140 to the Committee on Governmental Affairs. it is time for Congress to pass legisla- adopted by the Council on July 1, 1997; to the EC–3020. A communication from the Direc- tion to reign in these exploding legal Commitee on Governmental Affairs. tor of the National Archives and Records Ad- costs which have hurt American busi- EC–3006. A communication from the Coun- ministration, Information Security Over- nesses, stifled ingenuity, and punished cil of the District of Columbia, transmitting, sight Office, transmitting, pursuant to law, pursuant to law, copies of D.C. Act 12–143 the report for calendar year 1996; to the Com- consumers through higher prices and adopted by the Council on July 1, 1997; to the mittee on Governmental Affairs. decreased competition. S. 648 would Commitee on Governmental Affairs. EC–3021. A communication from the Chair- mark an important first step in re- EC–3007. A communication from the Coun- man of the U.S. Merit Systems Protection forming a tort system which all too cil of the District of Columbia, transmitting, Board, transmitting, pursuant to law, the re- often better resembles a lottery than a pursuant to law, copies of D.C. Act 12–144 port of cases decided during fiscal year 1996; forum of justice. I urge our leadership adopted by the Council on July 1, 1997; to the to the Committee on Governmental Affairs. to make S. 648 a priority in the first Commitee on Governmental Affairs. EC–3022. A communication from the Chair- EC–3008. A communication from the Coun- man of the U.S. Merit Systems Protection session of the 105th Congress. cil of the District of Columbia, transmitting, Board, transmitting, pursuant to law, a re- f pursuant to law, copies of D.C. Act 12–126 port entitled ‘‘Achieving a Representative MESSAGES FROM THE PRESIDENT adopted by the Council on July 1, 1997; to the Federal Workforce: Addressing the Barriers RECEIVED DURING ADJOURNMENT Commitee on Governmental Affairs. to Hispanic Participation’’; to the Com- EC–3009. A communication from the Acting mittee on Governmental Affairs. Under the authority of the order of Comptroller General of the United States, EC–3023. A communication from the Dep- the Senate of January 7, 1997, the Sec- transmitting, pursuant to law, the reports uty Associate Administrator for Acquisition retary of the Senate on September 22, and testimony for July 1997; to the Com- Policy, Office of Governmentwide Policy, 1997, received a message from the mittee on Governmental Affairs. U.S. General Services Administration, trans- President of the United States submit- EC–3010. A communication from the Acting mitting, pursuant to law, a rule entitled Comptroller General of the United States, ting a nomination which was referred ‘‘Federal Acquisition Regulation’’ (RIN9000– transmitting, pursuant to law, the report of AH21) received on September 23, 1997; to the to the Committee on Foreign Rela- a financial audit relative to the Internal Committee on Governmental Affairs. tions. Revenue Service; to the Committee on Gov- EC–3024. A communication from the Direc- The nomination received on Sep- ernmental Affairs. tor of the Office of Management and Budget, tember 22, 1997, is shown in today’s EC–3011. A communication from the Acting Executive Office of the President, transmit- RECORD at the end of the Senate pro- Comptroller General of the United States, ting, pursuant to law, a report relative to pa- ceedings. transmitting, pursuant to law, a report rel- perwork; to the Committee on Governmental ative to General Accounting Office employ- f Affairs. ees; to the Committee on Governmental Af- EC–3025. A communication from the Acting EXECUTIVE AND OTHER fairs. Comptroller General of the United States, COMMUNICATIONS EC–3012. A communication from the Dep- transmitting, pursuant to law, the report of The following communications were uty Director of the U.S. Office of Govern- the list of General Accounting Office reports ment Ethics, transmitting, pursuant to law, laid before the Senate, together with and testimony for August 1997; to the Com- a rule entitled ‘‘Removal of Superseded Ref- mittee on Governmental Affairs. accompanying papers, reports, and doc- erences to the Former Honorarium Ban’’ uments, which were referred as indi- (RIN3209–AA00, AA04) received on September f cated: 11, 1997; to the Committee on Governmental EC–2996. A communication from the Coun- Affairs. EXECUTIVE REPORTS OF cil of the District of Columbia, transmitting, EC–3013. A communication from the Direc- COMMITTEES tor of the Office of the Secretary of Defense pursuant to law, copies of D.C. Act 12–117 The following executive reports of adopted by the Council on July 1, 1997; to the (Administration and Management), trans- Commitee on Governmental Affairs. mitting, pursuant to law, a rule entitled committees were submitted: EC–2997. A communication from the Coun- ‘‘The Privacy Program’’ received on Sep- By Mr. MCCAIN, from the Committee on cil of the District of Columbia, transmitting, tember 8, 1997; to the Committee on Govern- Commerce, Science, and Transportation: pursuant to law, copies of D.C. Act 12–119 mental Affairs. Robert L. Mallett, of Texas, to be Deputy adopted by the Council on July 1, 1997; to the EC–3014. A communication from the Execu- Secretary of Commerce. Commitee on Governmental Affairs. tive Director, Committee for Purchase From W. Scott Gould, of the District of Colum- EC–2998. A communication from the Coun- People Who are Blind or Severely Disabled, bia, to be Chief Financial Officer, Depart- cil of the District of Columbia, transmitting, transmitting, pursuant to law, a rule rel- ment of Commerce. pursuant to law, copies of D.C. Act 12–125 ative to additions to the procurement list, W. Scott Gould, of the District of Colum- adopted by the Council on July 1, 1997; to the received on September 5, 1997; to the Com- bia, to be an Assistant Secretary of Com- Commitee on Governmental Affairs. mittee on Governmental Affairs. merce, vice Thomas R. Bloom. EC–2999. A communication from the Coun- EC–3015. A communication from the Direc- (The above nominations were re- cil of the District of Columbia, transmitting, tor of the U.S. Office of Personnel Manage- ported with the recommendation that ment, transmitting, pursuant to law, a rule pursuant to law, copies of D.C. Act 12–128 they be confirmed, subject to the nomi- adopted by the Council on July 1, 1997; to the entitled ‘‘Federal Employees Health Benefits Commitee on Governmental Affairs. Program Acquisition Regulation’’ (RIN3206– nees’ commitment to respond to re- EC–3000. A communication from the Coun- AH45) received on September 8, 1997; to the quests to appear and testify before any cil of the District of Columbia, transmitting, Committee on Governmental Affairs. duly constituted committee of the Sen- pursuant to law, copies of D.C. Act 12–129 EC–3016. A communication from the Acting ate.) adopted by the Council on July 1, 1997; to the Director of the U.S. Office of Personnel Man- Mr. President, for the Committee on Commitee on Governmental Affairs. agement, transmitting, pursuant to law, a Commerce, Science, and Transpor- EC–3001. A communication from the Coun- rule entitled ‘‘Pay Administration (Gen- tation, I report favorably four nomina- cil of the District of Columbia, transmitting, eral)’’ (RIN3206–AF89) received on September pursuant to law, copies of D.C. Act 12–130 18, 1997; to the Committee on Governmental tions lists in the Coast Guard, which adopted by the Council on July 1, 1997; to the Affairs. were printed in full in the CONGRES- Commitee on Governmental Affairs. EC–3017. A communication from the Acting SIONAL RECORD on September 3, 15, and EC–3002. A communication from the Coun- Director of the U.S. Office of Personnel Man- 18, 1997, and ask unanimous consent, to cil of the District of Columbia, transmitting, agement, transmitting, pursuant to law, a save the expense of reprinting on the pursuant to law, copies of D.C. Act 12–131 rule entitled ‘‘Federal Employees Health Executive Calendar, that these nomi- adopted by the Council on July 1, 1997; to the Benefits Program Acquisition Regulation’’ nations lie at the Secretary’s desk for Commitee on Governmental Affairs. (RIN3206–AF32, AG79, AG68); to the Com- EC–3003. A communication from the Coun- mittee on Governmental Affairs. the information of Senators. cil of the District of Columbia, transmitting, EC–3018. A communication from the Direc- The PRESIDING OFFICER. Without pursuant to law, copies of D.C. Act 12–132 tor of the U.S. Office of Personnel Manage- objection, it is so ordered. adopted by the Council on July 1, 1997; to the ment, transmitting, a draft of proposed legis- (The nominations ordered to lie on Commitee on Governmental Affairs. lation to amend title 5, U.S.C., to extend the the Secretary’s desk were printed in

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9784 CONGRESSIONAL RECORD — SENATE September 23, 1997 the RECORDS of September 3, 15, and 18, Edward J. Hernaez, 0000 Evelyn L. Taylor, 0000 1997, at the end of the Senate pro- Wesley H. Hester, 0000 Shad A. Thomas, 0000 ceedings) Curtis G. Huntington, 0000 Patrick M. Thompson, 0000 Kristin A. Jagmin, 0000 Allen L. Thompson, 0000 The following cadets of the U.S. Coast Cassie Q. Janssen, 0000 Gregory M. Tozzi, 0000 Guard Academy for appointment to the Graig T. Jeanquart, 0000 grade indicated in the U.S. Coast Guard Jason P. Travis, 0000 Raymond M. Jebsen, 0000 under title 14, United States Code, section Neil P. Travis, 0000 Andrew S. Joca, 0000 211: Melissa M. Tulio, 0000 Scott B. Jones, 0000 Michael E. Vance, 0000 To be ensign Michael A. Keane, 0000 Dianna L. Vanvalkenburg, 0000 Steven C. Acosta, 0000 Corinna M. Kellicut, 0000 Joseph J. Vealencis, 0000 Sterling V. Adlakha, 0000 Paul W. Kemp, 0000 Kristi L. Walker, 0000 Marcie L. Albright, 0000 Ibrahim M. Khalil, 0000 Daniel R. Warren, 0000 Katie R. Alexander, 0000 Michael E. Kicklighter, 0000 Zachary A. Weiss, 0000 Jeremy J. Anderson, 0000 Justin A. Kimura, 0000 Timothy P. Wieland, 0000 William L. Arritt, 0000 Elizabeth A. Kirner, 0000 Jerred C. Williams, 0000 Leanne M. Bacon, 0000 Michael K. Klinge, 0000 Darlene D. Wilson, 0000 Matthew J. Baer, 0000 Lisa E. Knopf, 0000 Amy E. Wirts, 0000 Abraham C. Banks, 0000 Dirk L. Krause, 0000 Christopher G. Wolfe, 0000 Gregory R. Barbiaux, 0000 Brian C. Krautler, 0000 Marc A. Zlomek, 0000 Jonathan Bates, 0000 Jon M. Kreischer, 0000 The following-named officers for appoint- Paul R. Beavis, 0000 Jeffrey W. Kuck, 0000 ment to the grade indicated in the U.S. Sean C. Bennett, 0000 Matthew F. Lammer, 0000 Coast Guard under title 14, United States Chandler Benson, 0000 John J. Larkin, 0000 Code, section 271: Cheryl A. Berezny, 0000 Jeremy P. Law, 0000 To be commander Brent R. Bergan, 0000 Nina C. Leonard, 0000 Alex W. Bergman, 0000 Marcus A. Lines, 0000 Frank M. Paskewich, 0000 James B. Bernstein, 0000 Monica B. Lomascolo, 0000 Anthony S. Reynolds, 0000 Jason M. Biggar, 0000 Natalie J. Magnino, 0000 Theodore A. Bull, 0000 Bryan R. Blackmore, 0000 Dana C. Mancinelli, 0000 Timothy F. Mann, 0000 Anne M. Blandford, 0000 Heather R. Mattern, 0000 Gary M. Alexander, 0000 Robert R. Borowczak, 0000 Benjamin J. Maule, 0000 Gregory R. Haack, 0000 John B. Brady, 0000 Bryan L. May, 0000 Mark P. O’Mally, 0000 Marc Brandt, 0000 Benjamin E. Maynard, 0000 Robert M. Palatka, 0000 Thomas K. Brasted, 0000 James E. McCollum, 0000 John J. Cook, 0000 Mark A. Braxton, 0000 Iain L. McConnell, 0000 Mark A. Rose, 0000 Veronica A. Brecht, 0000 Matthew V. McGuan, 0000 John F. Kaplan, 0000 Jason A. Brennell, 0000 Joseph E. Mause, 0000 Timothy M. Close, 0000 Joseph D. Brown, 0000 Joshua P. Miller, 0000 Pamela A. Russell, 0000 Randall E. Brown, 0000 John Miller, 0000 William T. Devereaux, 0000 David L. Burger, 0000 Dean J. Milne, 0000 Matthew J. Glomb, 0000 Katrina D. Burritt, 0000 Chris S. Moland, 0000 David C. Eky, 0000 Erin E. Calvert, 0000 Robert W. Moore, 0000 Stephan A. Billian, 0000 Gregg W. Casad, 0000 Matthew P. Moore, 0000 Mark E. Butt, 0000 George W. Cathey, 0000 Stephanie A. Morrison, 0000 Peter S. Simons, 0000 Kimberly B. Chapman, 0000 Christian A. Munoz, 0000 Thaddeus G. Sliwinski, 0000 Scott A. Clementz, 0000 Sean D. Murphy, 0000 Steven R. Corporon, 0000 Jennifer J. Cook, 0000 David R. Ojeda, 0000 James Y. Poyer, 0000 Thomas D. Crane, 0000 Jeffrey P. Pace, 0000 Vince S. Sedwick, 0000 Charles C. Culotta, 0000 Timothy D. Payton, 0000 Eugene F. Cunningham, 0000 Kenneth C. Cutler, 0000 Eric D. Peace, 0000 Joseph E. Mihelic, 0000 Thomas C. D’Arcy, 0000 Kristian B. Pickrell, 0000 Steven E. Carlson, 0000 Thomas W. Denucci, 0000 Jeffrey J. Pile, 0000 Michael C. Cosenza, 0000 Frederick D. Detar, 0000 Christopher M. Pisares, 0000 Raymond J. Petow, 0000 Alexander D. Dodd, 0000 Michael J. Plumley, 0000 Daniel J. McClellan, 0000 Roger S. Doyle, 0000 Jessica L. Plummer, 0000 Arthur C. Walsh, 0000 John M. Dunlap, 0000 Eric C. Popiel, 0000 Michael R. Kelley, 0000 Reginald C. Eisenhauer, 0000 Jody T. Popp, 0000 John A. Watson, 0000 Meredith M. Engelke, 0000 Juan M. Posada, 0000 David A. Durham, 0000 Brian C. Erickson, 0000 Gabrielle E. Potter, 0000 Leonard R. Radziwanowicz, 0000 Anthony S. Erickson, 0000 Clinton J. Prindle, 0000 Michael N. Parks, 0000 Joshua W. Fant, 0000 David A. Quattro, 0000 Craig A. Bennett, 0000 Louis B. Faulkner, 0000 Christopher G. Raia, 0000 Douglas G. Russell, 0000 Gregory J. Ferry, 0000 Arthur L. Ray, 0000 Thomas R. Hale, 0000 Benjamin E. Fleming, 0000 Katie B. Richardson, 0000 George P. Hannifin, 0000 Aurora I. Fleming, 0000 Roger G. Robitaille, 0000 James L. McDonald, 0000 Anthony T. Fratianne, 0000 Brust B. Roethler, 0000 Kevin M. O’Day, 0000 Matthew J. Funderburk, 0000 Pedro J. Rubio, 0000 William J. Diehl, 0000 Lawrence D. Gaillard, 0000 Paul F. Rudick, 0000 Terry A. Bickham, 0000 Brent Garriepy, 0000 Shaun R. Ruffell, 0000 Morris B. Stewart, 0000 Benjamin A. Gates, 0000 Robert G. Salembier, 0000 Brian D. Kelley, 0000 Edward P. Geraghty, 0000 Stanton C. Sanchez, 0000 Thomas F. Atkin, 0000 Jennifer L. Girton, 0000 Deanna L. Sand, 0000 Joseph A. Servidio, 0000 Benjamin M. Golightly, 0000 Michael R. Sarnowski, 0000 Joseph P. Seebald, 0000 Jason M. Goodman, 0000 Jamie L. Scholzen, 0000 Edward W. Greiner, 0000 Jennifer A. Green, 0000 Richard M. Scott, 0000 Jeffrey S. Hammond, 0000 Robert M. Green, 0000 Kelly C. Seals, 0000 John M. Weber, 0000 Patrick A. Groves, 0000 James T. Sears, 0000 Charley L. Diaz, 0000 Andrew L. Guedry, 0000 Stephanie M. Sheridan, 0000 Fred M. Midgette, 0000 Thomas J. Hall, 0000 Kenneth E. Shovlin, 0000 Mark J. Dandrea, 0000 Matthew W. Hammond, 0000 Michael R. Sinclair, 0000 Jeffrey S. Griffin, 0000 Sean P. Hannigan, 0000 Kelly K. Skiles, 0000 William M. Randall, 0000 Alan D. Hansen, 0000 Jason M. Stamper, 0000 Charles A. Mathieu, 0000 Justin H. Harper, 0000 Joshua T. Steffen, 0000 Evan Q. Kahler, 0000 Rebecca J. Heatherington, 0000 Erich V. Stein, 0000 Sandra L. Stosz, 0000 Casey J. Hehr, 0000 Blake D. Stockwell, 0000 George P. Cummings, 0000 Eric A. Helgen, 0000 Jill A. Swaynos, 0000 Fred T. White, 0000 Brian J. Henry, 0000 Scott G. Syring, 0000 Andrew J. Berghorn, 0000

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9785 Stephen P. Metruck, 0000 Christopher J. Snyder, 0000 ity for the unauthorized use of a debit card, Vincent B. Atkins, 0000 Paul D. Luppert, 0000 and for other purposes; to the Committee on Thomas S. Morrison, 0000 Lawrence T. Yarborough, 0000 Banking, Housing, and Urban Affairs. Thomas A. Abbate, 0000 Ronald J. Morris, 0000 By Mr. COVERDELL (for himself, Ms. Roger E. Dubuc, 0000 Randolph Meade, 0000 LANDRIEU, Mrs. HUTCHISON, Mr. Michael E. Lehocky, 0000 Ronald L. Rutledge, 0000 CRAIG, Mr. MACK, Mr. BROWNBACK, Edward Sinclair, 0000 Eric N. Fagerholm, 0000 Mr. KYL, Mr. BURNS, Mr. HATCH, Mr. Mark A. Torres, 0000 George R. Matthews, 0000 ENZI, Mr. GRAMM, Mr. THURMOND, Mr. David R. Callahan, 0000 Geoffrey D. Powers, 0000 DORGAN, and Mr. REID): Michael E. Sullivan, 0000 Alan H. Moore, 0000 S. 1204. A bill to simplify and expedite ac- Lance O. Benton, 0000 Theodore C. Lefeuvre, 0000 cess to the Federal courts for injured parties Robert G. Mueller, 0000 Richard R. Kelly, 0000 whose rights and privileges, secured by the Hal R. Savage, 0000 Lawrence J. Bowling, 0000 United States Constitution, have been de- Rudy T. Holm, 0000 Glenn W. Anderson, 0000 prived by final actions of Federal agencies, David D. Simms, 0000 Loren P. Tschohl, 0000 or other government officials or entities act- Ronald E. Kaetzel, 0000 John A. Gentile, 0000 ing under color of State law; to prevent Fed- Steven R. Baum, 0000 Surran D. Dilks, 0000 eral courts from abstaining from exercising Lyle A. Rice, 0000 Terrence C. Julich, 0000 Federal jurisdiction in actions where no Joseph M. Hanson, 0000 John M. Krupa, 0000 State law claim is alleged; to permit certifi- James B. McPherson, 0000 John C. Miller, 0000 cation of unsettled State law questions that Stephen M. Wheeler, 0000 Geoffrey L. Abbott, 0000 are essential to resolving Federal claims Richard G. Brunke, 0000 James S. Thomas, 0000 arising under the Constitution; and to clar- Leonard L. Ritter, 0000 Joseph A. Halsch, 0000 ify when government action is sufficiently Mark M. Campbell, 0000 Wayne R. Buchanan, 0000 final to ripen certain Federal claims arising Fred R. Call, 0000 Glenn A. Wiltshire, 0000 under the Constitution; to the Committee on Christopher W. Doane, 0000 Mark S. Kern, 0000 Judiciary. Michael A. Hamel, 0000 James E. Evans, 0000 By Mrs. MURRAY: Peyton A. Coleman, 0000 Stephen J. Krupa, 0000 S. 1205. A bill to amend the Illegal Immi- Steven C. Taylor, 0000 Richard D. Poore, 0000 gration Reform and Immigrant Responsi- Michael D. Dawe, 0000 James W. Decker, 0000 bility Act of 1996 to clarify that records of Frank M. Reed, 0000 Glenn R. Gunn, 0000 arrival or departure are not required to be Thomas M. Heitstuman, 0000 William W. Peterson, 0000 collected for purposes of the automated Thomas E. Atwood, 0000 Scott E. Davis, 0000 entry-exit control system developed under Michael E. Kendall, 0000 Mark H. Johnson, 0000 section 110 of such Act, for Canadians who Robert L. Desh, 0000 Glenn E. Gately, 0000 are not otherwise required to possess a visa, Daniel B. Abel, 0000 James F. Murray, 0000 passport, or border crossing identification Richard T. Gromlich, 0000 Ivan T. Luke, 0000 card; to the Committee on Judiciary. Lincoln D. Stroh, 0000 Arthur H. Hanson, 0000 By Ms. SNOWE (for himself, Mr. JEF- Keith A. Taylor, 0000 Michael K. Grimes, 0000 FORDS, Ms. MIKULSKI, Mr. ALLARD, Mark R. Higgins, 0000 James R. Mongold, 0000 Mr. HARKIN, and Mr. GRASSLEY): Frederick W. Tucher, 0000 David J. Visneski, 0000 S. 1206. A bill to provide for an enumera- Kristy L. Plourde, 0000 Gregory J. Macgarva, 0000 tion of family caregivers as part of the 2000 Richard D. Belisle, 0000 Arn M. Heggers, 0000 decennial census of population; to the Com- Maura S. Albano, 0000 James W. Stark, 0000 mittee on Governmental Affairs. David H. Gordner, 0000 John Astley, 0000 By Mrs. BOXER (for herself, Mr. BINGA- Paul E. Wiedenhoeft, 0000 Gilbert J. Kanazawa, 0000 MAN, Mrs. FEINSTEIN, Mr. DASCHLE, John C. Odell, 0000 Scott J. Glover, 0000 Mr. DORGAN, Mr. HARKIN, Mr. Karl L. Schultz, 0000 Kevin L. Marshall, 0000 WELLSTONE, Mr. CONRAD, Ms. LAN- Bruce L. Toney, 0000 Paul A. Langlois, 0000 DRIEU, Mr. REED, and Mrs. MURRAY): Terry A. Boyd, 0000 Daniel B. Lloyd, 0000 S. 1207. A bill to authorize the President to Edwin B. Thiedeman, 0000 John P. Currier, 0000 award a congressional gold medal to the fam- Kenneth K. Moore, 0000 Wayne E. Justice, 0000 ily of the late Raul Julia, and for other pur- Mathew D. Bliven, 0000 William R. Webster, 0000 poses; to the Committee on Banking, Hous- Todd Gentile, 0000 Eric A. Nicolaus, 0000 ing, and Urban Affairs. Richard K. Murphy, 0000 Charles J. Dickens, 0000 By Mrs. BOXER (for herself and Mrs. Eugene Gray, 0000 Howard P. Rhoades, 0000 MURRAY): John J. Jennings, 0000 Robert D. Allen, 0000 S. 1208. A bill to protect women’s reproduc- Robert M. Pyle, 0000 Jody A. Breckenridge, 0000 tive health and constitutional right to The following-named officers of the U.S. Russell N. Terrell, 0000 choice, and for other purposes; to the Com- Coast Guard Permanent Commissioned Gregory F. Adams, 0000 mittee on Labor and Human Resources. Teaching Staff at the Coast Academy for ap- William L. Ross, 0000 By Mr. KENNEDY (for himself, Mr. pointment to the grade indicated in the U.S. Beverly G. Kelley, 0000 DODD, and Mr. KERRY): Coast Guard under title 14, United States (The above nominations were re- S. 1209. A bill improving teacher prepara- Code, Section 189: ported with the recommendation that tion and recruitment; to the Committee on To be commander they be confirmed.) Labor and Human Resources. Stephen E. Flynn, 0000 f f Jonathan C. Russell, 0000 Michael A. Alfultis, 0000 INTRODUCTION OF BILLS AND STATEMENTS ON INTRODUCED Vincent Wilczynski, 0000 JOINT RESOLUTIONS BILLS AND JOINT RESOLUTIONS The following-named officers for appoint- The following bills and joint resolu- By Mrs. FEINSTEIN: ment to the grade indicated in the U.S. tions were introduced, read the first Coast Guard under title 14, United States S. 1202. A bill providing relief for Ser- and second time by unanimous con- gio Lozano, Fauricio Lozano, and Ana Code, section 271: sent, and referred as indicated: To be captain Lozano; to the Committee on the Judi- By Mr. FRIST: ciary. Michael F. Holmes, 0000 S. 1201. A bill to improve teacher prepara- Herbert H. Sharpe, 0000 tion at institutions of higher education; to PRIVATE RELIEF LEGISLATION Erik N. Funk, 0000 the Committee on Labor and Human Re- Mrs. FEINSTEIN. Mr. President, I Marvin J. Pontiff, 0000 sources. rise today to offer legislation that pro- John J. Davin, 0000 By Mrs. FEINSTEIN: vides permanent resident status to Richard R. Houck, 0000 S. 1202. A bill providing relief for Sergio three children, Sergio, 17 years old; David M. Mogan, 0000 Lozana, Fauricio Lozano, and Ana Lozano; Fauricio 15 years old; and Ana Lozano, Richard R. Kowalewski, 0000 to the Committee on the Judiciary. 14 years old; who were granted immi- James D. Spitzer, 0000 By Mr. D’AMATO (for himself, Mr. Sally Brice-Ohara, 0000 BENNETT, Mr. DODD, and Mr. BRYAN): grant visas to come to the United Kenneth W. Keane, 0000 S. 1203. A bill to amend the Electronic States with their mother earlier this Peter A. Richardson, 0000 Fund Transfer Act to limit consumer liabil- year. Now they have lost their mother

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9786 CONGRESSIONAL RECORD — SENATE September 23, 1997 and could be deported because they les, a glittering place with promise beyond Tough of modest means, relatives here say were recently orphaned. the postwar tumult of Central America. they are willing to sign legally binding ac- The children have lived with their She died in El Salvador in February at the cords to care for the three and ensure that age of 33, apparently of complications from mother, Ana Ruth Lozano, until her they do not become public charges. typhoid fever, three weeks after her family Francisco Lozano, Ana Ruth’s younger death in February of this year due to received visas to emigrate to the United brother, is spearheading a letter-writing complications from typhoid fever. States following an eight-year wait. campaign to officials in Congress and else- Since their mother’s death, the chil- Ironically, relatives say; Lozano took ill where. ‘‘If I have to go and see President dren have been living with their closest on the day she was informed by officials in Clinton, I will,’’ said Lozano, a hotel pastry relative, their U.S.-citizen grand- the U.S. Embassy in San Salvador that au- chef. thorities were approving the family’s long- mother who lives in Los Angeles. In El Salvador, the family says, the three delayed application. children have nothing to go back to: no Without their mother, the children ‘‘My mother always said we’d go to the home, no close kin, no means of support. Ana do not have the legal right to remain United States and have a real chance to suc- Ruth Lozano had been estranged from the ceed,’’ said Sergio Lozano, 17, who finally ar- in the United States. The Lozano chil- children’s father for years, relatives say. rived here last month with his siblings, dren can be deported because the immi- Most close relatives on their mother’s side of gration law prohibits permanent legal Fauricio, 15, and Ana, 14. With the shock of her unexpected death the family are in the United States and Can- residency to minor children without still raw, the family is facing another blow: ada, as are many other Salvadorans, who left their parents. The Immigration and Naturalization Service their homeland during the civil war that en- Without their mother, these children says that Lozano’s death means that her gulfed it in the 1980s. can be deported by the INS despite the children must go back to El Salvador. Be- The children’s grandmother has supported fact the children have no family who cause she was the primary visa beneficiary, them in El Salvador for years, sending back monthly checks of up to $300, almost half her will take care of them in El Salvador the INS says, the law calls for the papers of her children—the ‘‘derivative bene- pay as a live-in housekeeper. except their estranged father who, INS ficiaries’’—to be revoked upon her death. Seated in their grandmother’s home on a reports show, was abusive to the moth- The incredulous Lozano family has fallen recent afternoon, all three Lozano youths er and the children. into one of the many cracks in U.S. immi- spoke of their desire to remain in the United Without this bill, the children will gration law. Their case stands out even amid States, study, and embark upon careers: Ser- most likely be sent to an orphanage in the often dramatic consequences in a legal gio wants to be a graphic artist, Fauricio El Salvador. Here in the United States, arena replete with tales of separated fami- would like to be an airline pilot, and Ana the childern have their U.S.-citizen lies. hopes to become a lawyer. ‘‘It’s just not fair to send these children ‘‘I don’t think I’d have any chance to even grandmother and uncles who will give back now.’’ Zoila Esperanza Lozano, 54, the dream about such a thing back home,’’ said them a loving home. children’s maternal grandmother, said as she Fauricio. I have previously sought administra- fought back tears during an interview at her ‘‘Here one has the chance to better one- tive relief for the Lozano children by Los Angeles apartment, where a photograph self,’’ said the slender, reserved Ana. ‘‘This asking the INS district office in Los of her late daughter and a Mother’s Day place is what our mother always wanted for Angeles and Commissioner Meissner if poem from her are displayed prominently. us.’’ Rosemary Melville, INS deputy district di- By Mr. D’AMATO (for himself, Mr. any humanitarian exemptions could be rector in Los Angeles, declined to discuss the made in their case. INS has told my Lozano case specifically, citing privacy laws. BENNETT, Mr. DODD and Mr. BRYAN): staff that there is nothing further they But she confirmed that visas for family S. 1203. A bill to amend the Elec- can do administratively and a private members are considered ‘‘null and void’’ if tronic Fund Transfer Act to limit con- relief bill may be the only way to pro- the principal beneficiary dies before the visa sumer liability for the unauthorized tect the children from deportation. is used. In ‘‘compelling’’ cases, Melville use of a debit card, and for other pur- added, the agency has discretion to grant I hope you will support this bill so poses; to the Committee on Banking, residency or block deportation based on hu- Housing, and Urban Affairs. that we can help the Lozano children manitarian concerns. begin to rebuild their lives in the In another era, legal observers say, au- THE DEBIT CARD CONSUMER PROTECTION ACT OF United States. thorities may have been inclined to stretch 1997 Mr. President, I ask for unanimous the letter of the law or issue a waiver allow- Mr. D’AMATO. Mr. President, today I consent that the attached news article ing the Lozano children to stay. But such ex- introduce legislation that will protect and the bill be entered into the ceptions are more problematic amid today’s tens of millions of consumers who national climate generally hostile to immi- carry bank debit cards, as well as mil- RECORD. gration. There being no objection, the mate- ‘‘The unfortunate track record of immigra- lions more who are being targeted by rial was ordered to be printed in the tion law is if you make one exception you banks to use this relatively new and RECORD, as follows: find it spinning out of control,’’ said Ira unfamiliar payment card. This bill ex- S. 1202 Mehlman of the Federation for American Im- tends to the users of debit cards the migration Reform, a group that seeks to re- Be it enacted by the Senate and House of Rep- protections that now already apply to duce immigration levels and assails ‘‘loop- users of credit cards. And I would like resentatives of the United States of America in holes’’ in the law. Congress assembled, Relatives of the Lozano children say they to thank my colleagues, Senators BEN- SECTION 1. PERMANENT RESIDENCE. were assured by officials at the U.S. Em- NETT, DODD, and BRYAN, for cospon- Notwithstanding any other provision of bassy in San Salvador that the children’s soring this important legislation. law, for purposes of the Immigration and Na- visas were still good, despite the mother’s In the past few years, millions of tionality Act (8 U.S.C. 1101 et seq.), Sergio death. They learned otherwise upon the Americans have opened envelopes from Lozano, Fauricio Lozano and Ana Lozano, youths’ arrival at Los Angeles International their banks to find these new payment shall be held and considered to have been Airport last month, when, according to the cards. These cards look like credit lawfully admitted to the United States for family, the three youngsters were held and cards. They have ‘‘VISA’’ or permanent residence as of the date of the en- questioned for six hours and faced being sent actment of this Act upon payment of the re- back to El Salvador on the spot—an expe- ‘‘MasterCard’’ logos on the front of quired visa fees. dited ‘‘removal’’ procedure that has been in them—I am holding one up now—but the INS arsenal since April 1, when a tough they are actually debit cards, or, in the [From the Los Angeles Times, May 29, 1997] new immigration law went into effect. language of the industry, they are ‘‘off- YOUTH’S VISAS IN DOUBT AFTER MOTHER’S Finally, inspectors agreed to allow the line’’ debit cards. They are called ‘‘off- DEATH three into the country conditionally, pend- line’’ cards because they can be used ing the outcome of an agency review. The (By Patrick J. McDonnell) three teenagers have another date with the with just a signature, and no PIN No., Three El Salvadoran teenagers who were INS in Los Angeles on June 25. in order to access the consumer’s bank granted U.S. government permission to move The Lozano family has mobilized to do account directly. to Los Angeles with their mother earlier this whatever necessary to keep the children in These off-line cards combine the con- year now face deportation because their Los Angeles. The three, now enrolled at Bel- venience of a credit card with the sim- mother’s death has left them without a legal mont High School, are staying in their plicity of an ATM card. In order to right to be in the United States. grandmother’s one-bedroom Westlake apart- make a purchase, the consumer simply Ana Ruth Lozano a single mother who ment. worked in a garment factory in El Salvador, ‘‘For me, the children are a blessing from presents the debit card to a merchant had long dreamed that she and her children my beautiful daughter, and I’ll do whatever and signs a sales slip. The money for would be able to join relatives in Los Ange- I can for them,’’ their grandmother said. the payment is then automatically

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9787 withdrawn from the consumer’s bank need to be warned before they start Mr. President, I ask unanimous con- account and transferred to the mer- carrying these off-line cards, and they sent the text of the bill be printed in chant. need protection in the event that any- the RECORD. But if an off-line card is lost or sto- thing goes wrong. There being no objection, the bill was len, it poses a little known and poten- Mr. President, we need reform and we ordered to be printed in the RECORD, as tially unlimited danger to the con- need it soon. The bill we have intro- follows: sumer. Because it needs only a signa- duced today, the Debit Card Consumer S. 1203 ture to authorize a purchase, a crimi- Protection Act of 1997, provides a level Be it enacted by the Senate and House of Rep- nal who finds the card or who steals of protection that is clearly needed. resentatives of the United States of America in the card can easily use it to make pur- First, it prohibits the banks from Congress assembled, chases. He can go on a wild shopping mailing out unsolicited debit cards. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Debit Card spree and buy thousands of dollars Only people who want these cards Consumer Protection Act of 1997’’. worth of goods on that stolen card. should be getting them in the mail. SEC. 2. CONSUMER LIABILITY FOR UNAUTHOR- But unlike a stolen credit card, these Second, it requires a clear disclosure IZED DEBIT CARD TRANSACTIONS. fraudulent charges are immediately de- to the consumer that the card provides Section 909 of the Electronic Fund Trans- ducted from the victim’s bank account. a direct line of access to the con- fer Act (15 U.S.C. 1693g) is amended by strik- And unlike a stolen credit card, the sumer’s bank account. ing subsection (a) and inserting the fol- law provides virtually no limit to the Third, it prohibits the bank from lowing: ‘‘(a) LIMITATION ON LIABILITY.— victim’s liability. sending out live debit cards. Cards ‘‘(1) IN GENERAL.—A consumer shall be lia- And what happens to the consumer must not be valid for use until the re- ble for an unauthorized electronic fund whose bank account is cleaned out by cipient identifies himself or herself as transfer only if— fraud? Soon her checks begin bouncing, the rightful owner. ‘‘(A) the card or other means of access used bills go unpaid, late charges and over- Fourth, it limits the consumer’s li- to make the unauthorized electronic fund draft fees pile up, suddenly the victim ability to $50 in the event the card is transfer was an accepted card or other means is facing financial disaster. Unraveling lost or stolen. of access; Fifth, it expedites the restoration of ‘‘(B) the liability, including any overdraft this mess can mean weeks of letters or other fee imposed by the financial institu- and phone calls, and nobody will com- funds to the consumer’s account within tion in connection with or as a result of the pensate the victim for the lasting dam- 5 business days. Current law can make unauthorized electronic fund transfer, is not age to his or her name or reputation. the consumer wait 20 business days. in excess of the lesser of— Furthermore, the victim will be lit- Mr. President, this bill would bring ‘‘(i) $50; or erally penniless until the bank inves- the consumer protection laws up to ‘‘(ii) the amount of money or value of prop- tigates the theft and, hopefully, re- date and into line with what the con- erty or services obtained in such unauthor- stores the account. sumer is entitled to and expects. That ized electronic fund transfer prior to the time at which the financial institution is no- Under current law, the bank could is why consumer groups strongly sup- tified of, or otherwise becomes aware of, cir- take up to 20 days to complete this in- port this bill, including the Consumer cumstances which lead to the reasonable be- vestigation. Imagine losing one’s entire Federation of America, the Consumers lief that an unauthorized electronic fund bank balance and then being unable to Union, and the U.S. Public Interest Re- transfer involving the consumer’s account write a check for rent, car payment or search Group. These organizations has been or may be effected; groceries for 20 days. have all gone on record to say that this ‘‘(C) the financial institution that issued Mr. President, I am concerned that legislation provides essential protec- the card or other means of access gave ade- consumers do not understand the off- tion for users of debit cards. quate notice to the cardholder of the poten- tial liability; line debit card. They may think it is Now, Mr. President, some of the pro- ‘‘(D) such financial institution provided just like an ordinary ATM card. But visions of this bill were recently put the consumer with a description of a means without the protection of a secret PIN forth in another bill, S. 1154, by my col- by which the institution may be notified of number, the card is not secure. In re- league, Senator REED of Rhode Island, loss or theft of the card or other means of ac- ality, it is a direct line of access to the who I see is on the floor. And some of cess, which description may be provided on consumer’s bank account. That line of these measures are now being imple- the face or reverse side of the statement re- access is open to anyone who possesses mented voluntarily by the industry. I quired by section 906(c) or on a separate no- tice accompanying such statement; the card, including a thief. Just the want to commend Senator REED for his ‘‘(E) the unauthorized electronic fund number on the face of the card is all work in this area. I think that a con- transfer occurred before the financial insti- the thief needs to totally drain the sensus exists that consumer protec- tution was notified of such unauthorized consumer’s bank account. tions are needed to improve a situation transfer, or that such unauthorized transfer Financial institutions have sent out that presents a very real risk for mil- may occur as the result of loss, theft, or oth- tens of millions of these cards unsolic- lions of consumers. erwise; and ited in the last few years. By 1994, In fact, MasterCard and VISA re- ‘‘(F) the financial institution has provided there were 25 million off-line cards in cently announced that they will volun- a method whereby the consumer to whom circulation. By 1996, the number had tarily cap the consumer’s liability at the card or other means of access was issued can be identified as the person authorized to jumped to more than 60 million. Mil- $50 in the event of an unauthorized use. use it. lions more will be mailed out this year, One bank, Bank of America, has an- ‘‘(2) SUFFICIENCY OF NOTICE.—For purposes because although banks cannot legally nounced it will not hold consumers lia- of paragraph (1), the financial institution has mail out an unsolicited credit card, a ble for any unauthorized charges. I been notified when such steps have been loophole in the law allows them to commend the industry for responding taken as may be reasonably required in the mail out these unsolicited off-line to these concerns. Because of this re- ordinary course of business to provide the fi- debit cards as replacements for con- sponsiveness, I am hopeful the industry nancial institution with the pertinent infor- sumer’s ATM cards. will vigorously support legislation to mation, whether or not any particular offi- Mr. President, this is a ticking time cer, employee, or agent of the financial insti- make these essential consumer protec- tution does in fact receive such informa- bomb for millions of unwary con- tion laws permanent and universal. tion.’’. sumers. Does the consumer understand Finally, I thank Senators BENNETT, SEC. 3. AMENDMENTS TO DEFINITIONS. how this new card differs from an ordi- DODD, and BRYAN for cosponsoring this Section 903 of the Electronic Fund Trans- nary ATM card? Does the consumer un- bill. Senator BENNETT, as chairman of fer Act (15 U.S.C. 1693a) is amended— derstand the risk that comes from car- the Banking Subcommittee on Finan- (1) in paragraph (1), by striking ‘‘and re- rying the new off-line card? Too often cial Services and Technology, is very ceived’’ and all that follows through ‘‘serv- the answer is no. A recent survey by aware of the enormous impact finan- ices’’ and inserting ‘‘or renewed and received Mastercard found that 59 percent of the cial fraud is having on the industry and such card or other means of access (including a non-protected access card and a protected consumers who carry debit cards do consumers. This legislation will help to access card)’’; not realize just how important it is to protect both the industry and con- (2) by redesignating paragraphs (9) through report a lost or stolen card imme- sumers from having to pay these high (11) as paragraphs (11) through (13), respec- diately. At a minimum, consumers costs. tively; and

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9788 CONGRESSIONAL RECORD — SENATE September 23, 1997 (3) by inserting after paragraph (8) the fol- ‘‘(2) loss or theft of the card could result in The goal of this legislation is refresh- lowing new paragraphs: unauthorized access to the consumer’s ac- ingly simple: It puts debit cards under ‘‘(9) the term ‘protected access card’ means count.’’. the same umbrella of consumer protec- (b) FORM OF DISCLOSURE.—Section 904(b) of an accepted card or other means of access tions that currently govern the use of that requires use of a personalized code or the Electronic Fund Transfer Act (15 U.S.C. other unique identifier (other than a signa- 1693b(b)) is amended by striking ‘‘section both credit cards and ATM cards. ture) to initiate access to the account of a 905’’ and inserting ‘‘sections 905 and 911’’. Let me briefly recount some of the consumer; SEC. 6. NOTIFICATION TO CONSUMERS OF RES- debit card problems—some might go so ‘‘(10) the term ‘non-protected access card’ TITUTION POLICY. far as to say abuses—confronted by means an accepted card or other means of Section 905 of the Electronic Fund Trans- consumers and how the legislation access that does not require the use of a fer Act (15 U.S.C. 1693c) is amended— would address them. unique identifier to initiate access to the ac- (1) in paragraph (2), by striking ‘‘than an’’ First, since a debit cards looks al- count of a consumer, except that for pur- and inserting ‘‘that an’’; (2) in paragraph (7), by striking ‘‘. The fi- most identical to an ATM card, many poses of this paragraph, a signature shall not consumers don’t know that their bank be considered to be a personalized code or nancial institution’’ and all that follows other unique identifier;’’. through ‘‘year’’ and inserting ‘‘, which sum- has made a switch. Until very recently, this could have posed a significant fi- SEC. 4. TIMING OF ERROR RESOLUTION. mary shall be transmitted to the consumer Section 908 of the Electronic Fund Trans- thereafter not less frequently than annu- nancial hardship for consumers since fer Act (15 U.S.C. 1693f) is amended— ally’’; debit card liability—if it’s lost or sto- (1) in subsection (a)— (3) by redesignating paragraphs (8) and (9) len—isn’t capped at $50 the way it is (A) by redesignating paragraphs (1) as paragraphs (9) and (10), respectively; and capped for both credit cards and ATM (4) by inserting after paragraph (7) the fol- through (3) as subparagraphs (A) through (C), cards. Also, debit cards are known as respectively, and indenting accordingly; lowing new paragraph: ‘‘(8) the policy of the financial institution ‘‘off-line’’ cards; in other words, no (B) by striking ‘‘(a) If a financial’’ and in- PIN—personal identification number— serting the following: regarding restitution to the consumer of any fees imposed by a person other than the fi- is required to use the card—a crook can ‘‘(a) IN GENERAL.— nancial institution as a result of an unau- ‘‘(1) NOTICE TO INSTITUTION.—If a finan- simply swipe it through any electronic cial’’; thorized electronic fund transfer, including scanner, just like a credit card, and (C) in the first sentence, by striking ‘‘ten returned check fees, late charges, and other empty your bank account. business’’ and inserting ‘‘5 business’’; and fees;’’. It should be noted that in the last (D) in the second sentence, by striking Mr. DODD. Thank you, Mr. Presi- few weeks, the industry—particularly ‘‘The financial’’ and inserting the following: dent. I am pleased to take the floor VISA and MasterCard, responding to ‘‘(2) WRITTEN CONFIRMATION OF ORAL NOTIFI- today in support of the Consumer Pay- increasing public pressure, has CATION.—The financial’’; and volunatrily moved to change these (E) by striking ‘‘the previous sentence’’ ment Card Security Act of 1997. This each place it appears and inserting ‘‘this legislation, of which I am an original practices. Nevertheless, these belated paragraph’’; cosponsor, would address a serious gap efforts, while laudable, do not provide (2) in subsection (c), by striking ‘‘ten busi- in our consumer laws which govern the the same certainty to consumers that ness’’ and inserting ‘‘5 business’’; and use of debit or check cards. I would the statutes do. This legislation would (3) in subsection (f)(1), by inserting before particularly like to thank my friend clearly limit consumer liability to $50, the semicolon ‘‘, including such unauthor- and Chairman of the Banking Com- It would also ensure that consumer dis- ized transfer by use of a protected access closure is improved so that the bank card or a non-protected access card’’. mittee, Senator D’AMATO, for his lead- ership role in developing this legisla- customer is aware that these cards do SEC. 5. ISSUANCE OF CARDS. tion. not need a PIN to be used. (a) LIMITATIONS ON ISSUANCE.—Section 911 The legislation would also end the of the Electronic Fund Transfer Act (15 Many of my colleagues may be aware U.S.C. 1693i) is amended— of these cards through the intensive ad practice of replacing ATM cards with (1) in subsection (a)— campaign mounted by VISA and debit cards without a customer’s con- (A) by redesignating paragraphs (1) and (2) MasterCard with such famous celeb- sent. One of the ways in which these as subparagraphs (A) and (B), respectively, rities as Michael Jordan, Bugs Bunny, cards become subject to abuse is that and indenting accordingly; and our former colleague, Bob Dole. consumers aren’t aware that they’ve (B) by striking ‘‘(a) No’’ and inserting the But these commercials may not ex- even received this debit card as a re- following: actly explain how these check cards— placement for their old ATM card. The ‘‘(a) LIMITATIONS ON ISSUANCE.— or debit cards—work. Essentially, a legislation would conform debit cards ‘‘(1) IN GENERAL.—No’’; and (C) by adding at the end the following: debit card is a card that looks just like with credit cards by preventing the ‘‘(2) RENEWALS; SUBSTITUTIONS.—For pur- your ATM card that uses the National mailing of unsolicited cards to bank poses of paragraph (1), a non-protected ac- Credit Card Electronic Networks to ac- customers. cess card may only be issued in response to cess your checking account. In this Last, the bill would address a poten- a request or application for, or as a renewal way, you could go into any business tial problem by shortening the dispute of or substitution for, a non-protected access that accepts VISA or MasterCard, and resolution process from 20 to 5 days, card.’’; instead of charging your purchase, you again conforming it to the standards (2) in subsection (b)— could pay for it right out of your currently in use for credit cards. When (A) by striking ‘‘(b) Notwithstanding’’ and there is credit card fraud, the card- all that follows through ‘‘basis’’ and insert- checking account. Thus, bank cus- ing the following: tomers have access to their accounts in holder is credited for the loss until the ‘‘(b) CRITERIA FOR ISSUANCE.—A person hundreds of thousands of locations investigation is complete, and that in- may only issue to a consumer’’; across the globe, not just at the ATM vestigation must be done within 5 days. (B) by striking ‘‘distribution’’ each place it machines that are part of their banks’ Under current law, debit cardholders appears and inserting ‘‘issuance’’; and network. are not always credited pending inves- (C) by striking ‘‘distribute’’ and inserting In general, I believe that the private tigation and those investigations can ‘‘issue’’. sector should be commended for devel- take as long as 20 days. That’s a long (3) in subsection (c), by striking ‘‘(c) For’’ time for someone whose checking ac- and inserting the following: oping this new technology. Clearly, if ‘‘(d) DEFINITION.—For’’; and used properly, these debit cards will count has been emptied by a criminal. (4) by inserting after subsection (b) the fol- provide bank customers with greater Again, Mr. President, I note that in lowing new subsection: flexibility and convenience. most instances, the legislation codifies ‘‘(c) DISCLOSURE OF NON-PROTECTED ACCESS However, we would not be standing what has become the industry stand- CAPABILITY.—In any case in which a non-pro- on the floor today introducing legisla- ard. But the fact remains that given tected access card is issued to a consumer, tion if the introduction of this card had the difficulties surrounding the intro- such issuance shall be accompanied by a gone as smoothly as everyone may duction of debit cards, and the uncer- clear and conspicuous printed disclosure des- have hoped. As with all new tech- tainties that arise from some compa- ignated as a warning that— ‘‘(1) the card does not require a personal- nologies, there are growing pains, and nies failing to follow the industry ized code or other unique identifier (other in this particular case, legislation ap- standard, it is incumbent upon the than a signature) to initiate access to the pears necessary to help ease those Congress to provide the same statutory consumer’s account; and pains. safeguards for debit card users as we

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9789 have for both credit card and ATM card owners should be able to know with SEC. 2. JURISDICTION IN CIVIL RIGHTS CASES. users. some degree of certainty what rights Section 1343 of title 28, United States Code, I hope that I will soon be able to they have in their own property. The is amended by adding at the end the fol- stand here and mark the passage of Property Owners Access to Justice Act lowing: this important legislation. says that property owners must try to ‘‘(c) Whenever a district court exercises ju- resolve their differences with the agen- risdiction under subsection (a), it shall not By Mr. COVERDELL (for himself, cy in question, but once the agency has abstain from exercising or relinquish its ju- Ms. LANDRIEU, Mrs. HUTCHISON, risdiction to a State court in an action denied their appeal or waiver attempt, where no claim of a violation of a State law, Mr. CRAIG, Mr. MACK, Mr. the property owner has the right to go right, or privilege is alleged. BROWNBACK, Mr. KYL, Mr. to court. ‘‘(d) Where the district court has jurisdic- BURNS, Mr. HATCH, Mr. ENZI, The property owner would still shoul- tion over an action under subsection (a) that Mr. GRAMM, Mr. THURMOND, Mr. der the burden of proof that he or she cannot be decided without resolution of a DORGAN, and Mr. REID): has been injured and deserves com- significant but unsettled question of State S. 1204. A bill to simplify and expe- pensation, but at least the owner will law, the district court may certify the ques- dite access to the Federal courts for in- be able to have the merits of the case tion of State law to the highest appellate jured parties whose rights and privi- heard. And there is an end to the proc- court of that State. After the State appellate leges, secured by the U.S. Constitution, ess, instead of leaving the property court resolves the question certified to it, have been deprived by final actions of owner in the regulatory limbo of ap- the district court shall proceed with resolv- pealing and appealing and appealing ing the merits. The district court shall not Federal agencies, or other government certify a question of State law under this officials or entities acting under color before getting the right to seek relief subsection unless the question of State law— of State law; to prevent Federal courts in court. ‘‘(1) will significantly affect the merits of from abstaining from exercising Fed- To deal with the problem of resolving the injured party’s Federal claim; and eral jurisdiction in actions where no all State court remedies, this bill es- ‘‘(2) is so unclear and obviously susceptible State law claim is alleged; to permit sentially gives property owners a to a limiting construction as to render pre- certification of unsettled State law choice of how to assert their property mature a decision on the merits of the con- questions that are essential to resolv- rights under the Constitution. If the stitutional or legal issue in the case. ing Federal claims arising under the property owner wants to pursue action ‘‘(e)(1) Any claim or action brought under Constitution; and to clarify when gov- against a local or State agency that section 1979 of the Revised Statutes of the has infringed on his or her rights, the United States (42 U.S.C. 1983) to redress the ernment action is sufficently final to deprivation of a property right or privilege ripen certain Federal claims arising property owner can sue in State or local court, as he would now. Or, if the secured by the Constitution shall be ripe for under the Constitution; to the Com- adjudication by the district courts upon a mittee on the Judiciary. property owner wants to reject that final decision rendered by any person acting route and instead pursue only a fifth f under color of any statute, ordinance, regu- amendment takings claim, the case lation, custom, or usage, of any State or ter- THE PROPERTY OWNERS ACCESS can be heard in Federal court. ritory of the United States, that causes ac- TO JUSTICE ACT OF 1997 This will correct the current situa- tual and concrete injury to the party seeking Mr. COVERDELL. Mr. President, I tion in which a property owner can be redress. am introducing today, with Senators bounced between State and Federal ‘‘(2) For purposes of this subsection, a final courts for years, with the merits of decision exists if— LANDRIEU and DORGAN, the Property their Federal claim never being heard. ‘‘(A) any person acting under color of any Owners Access to Justice Act of 1997, a The Property Owners Access to Jus- statute, ordinance, regulation, custom, or bill to simplify access to the Federal tice Act of 1997 is strictly procedural in usage, of any State or territory of the United courts for private property owners nature. It does not change substantive States, makes a definitive decision regarding whose rights may have been injured by law. It does not define a taking or es- the extent of permissible uses on the prop- erty that has been allegedly infringed or government action. The fifth amend- tablish a trigger for when compensa- ment to the U.S. Constitution provides taken, without regard to any uses that may tion is due. It does not give property be permitted elsewhere; and individuals with protection from hav- owners any special access to the Fed- ing their property taken by the Gov- ‘‘(B) the applicable statute, ordinance, reg- eral courts. On the contrary, it allows ulation, custom, or usage provides for a right ernment. The Constitution requires property owners the same access to of appeal or waiver from such decision, and that when private property is taken for Federal courts that other claimants the party seeking redress has applied for, but a public purpose, the property owner currently have. Citizens alleging viola- has been denied, one such appeal or waiver. must be compensated. tions of their first amendment rights The party seeking redress shall not be re- However, property owners seeking or fourth amendment rights are not quired to apply for an appeal or waiver de- protection of their rights are fre- told to resolve their administrative scribed in subparagraph (B) if the prospects quently frustrated by endless bureau- and State court remedies first—they go of success are reasonably unlikely and inter- cratic delay and countless procedural to Federal court. Property owners de- vention by the district court is warranted to hurdles that prevent them from having serve to be treated the same as every- decide the merits. their day in court. They are told they one else. ‘‘(3) For purposes of this subsection, a final must resolve all of their State court Mr. President, this bipartisan bill is decision shall not require the party seeking remedies and all of their administra- simply an effort to provide property redress to exhaust judicial remedies provided tive remedies before their case is ripe by any State or territory of the United owners with a less complicated way to States.’’. for a hearing in Federal court. have their day in court. It gives them Unfortunately, most property owners the access to justice and the chance to SEC. 3. UNITED STATES AS DEFENDANT. cannot afford the long and often fruit- present the merits of their case that all Section 1346 of title 28, United States Code, less process of resolving all possible is amended by adding at the end the fol- Americans expect as a matter of simple lowing: remedies before their case is ripe. This fairness. process can mean years of court battles I urge my colleagues on both sides of ‘‘(h)(1) Any claim brought under subsection (a) that is founded upon a property right or and tens of thousands of dollars in the aisle to support the Property Own- privilege secured by the Constitution, but legal fees just to win the right to have ers Access to Justice Act of 1997 and was allegedly infringed or taken by the the merits of the case heard in Federal ask unanimous consent that the full United States, shall be ripe for adjudication court. The hurdles are so oppressive text of the bill be entered in the upon a final decision rendered by the United that one study concluded less than 6 RECORD. States, that causes actual and concrete in- percent of takings claims filed during There being no objection, the bill was jury to the party seeking redress. the 1980’s were ever deemed ripe for ordered to be printed in the RECORD, as ‘‘(2) For purposes of this subsection, a final Federal court adjudication. follows: decision exists if— This unfair result happens because S. 1204 ‘‘(A) the United States makes a definitive Be it enacted by the Senate and House of Rep- decision regarding the extent of permissible the requirement to exhaust all admin- uses on the property that has been allegedly istrative remedies before getting their resentatives of the United States of America in Congress assembled, infringed or taken, without regard to any day in court subjects property owners SECTION 1. SHORT TITLE. uses that may be permitted elsewhere; and to endless rounds of appeals with the This Act may be cited as the ‘‘Property ‘‘(B) an applicable law of the United States relevant agency. However, property Owners Access to Justice Act of 1997’’. provides for a right of appeal or waiver from

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9790 CONGRESSIONAL RECORD — SENATE September 23, 1997 such decision, and the party seeking redress only are their rights under assault, but threatens to stifle legal travel and has applied for, but has been denied, one then they have inadequate protection commerce between the United States such appeal or waiver. in our legal system. and Canada. The party seeking redress shall not be re- We should not be confused as to Section 110 of the 1996 Immigration quired to apply for an appeal or waiver de- whom this bill helps. Large corpora- Reform Act requires the Immigration scribed in subparagraph (B), if the prospects tions and wealthy landowners and de- and Naturalization Service to develop of success are reasonably unlikely and inter- an automated entry and exit system vention by the district court or the United velopers do not need our help in Con- States Court of Federal Claims is warranted gress. They can hire a legion of lawyers for the purpose of documenting the to decide the merits.’’. and lobbyists to take up their case at entry and departure of every alien en- SEC. 4. JURISDICTION OF COURT OF FEDERAL city hall, at the statehouse, or even tering and leaving the United States. CLAIMS. here in Washington. Whether this bill The legislation I am introducing today, Section 1491(a) of title 28, United States passes or not, their interests will be will amend the illegal immigration leg- Code, is amended by adding at the end the protected. The people we help with this islation to clarify that records of entry following: bill are the small landowners and fam- and departure are not required for Ca- ‘‘(3) Any claim brought under this sub- nadians. This is consistent with long- section founded upon a property right or ily farmers who lack the means to ex- privilege secured by the Constitution, but al- pedite the administrative process. It standing U.S. policy toward Canadian legedly infringed or taken by the United will help first-time home buyers in my citizens traveling to the United States. States, shall be ripe for adjudication upon a State, who are trying to build their My constituents are extremely con- final decision rendered by the United States, first home but have to put their plans cerned about the onerous implications that causes actual and concrete injury to the on hold because they run into adminis- of section 110. As a frequent visitor to party seeking redress. For purposes of this trative deadlocks. Bellingham and Whatcom County, I paragraph, a final decision exists if— Our bill will help these people and hear again and again from the local ‘‘(A) the United States makes a definitive community about the importance of decision regarding the extent of permissible countless others in two ways. First, it will clarify when a person has ex- unimpeded travel between the United uses on the property that has been allegedly States and Canada. I’ve visited the bor- infringed or taken, without regard to any hausted their administrative remedies. uses that may be permitted elsewhere; and Right now, property owners spend der crossings at Blaine, WA. At certain ‘‘(B) an applicable law of the United States countless hours and great expense in times, travel between the United provides for a right of appeal or waiver from fruitless litigation over this subject. States and Canada is already subject to such final decision, and the party seeking re- Legislation to end this unproductive lengthy delays and traffic back-ups dress has applied for, but has been denied, debate should be welcomed by all par- that sometimes exceed 1 mile in one such appeal or waiver. ties. length. Section 110 will further com- The party seeking redress shall not be re- Second, the bill would allow property plicate border crossings if it is ever in- quired to apply for an appeal or waiver de- owners to choose between bringing stituted on our northern border. scribed in subparagraph (B) if the prospects I have been a long proponent of their claim for relief before Federal or of success are reasonably unlikely and inter- strengthening and promoting the part- State courts. As it stands, we all pos- vention by the United States Court of Fed- nership between Washington State and sess a fifth amendment right which we eral Claims is warranted to decide the mer- British Columbia, Canada. British Co- its.’’. have no practical way of enforcing. The lumbia is a billion dollar neighbor for SEC. 5. EFFECTIVE DATE. Supreme Court has interpreted the my State, generating jobs and eco- The amendments made by this Act shall fifth amendment as applying to the nomic activity important to all of apply to actions commenced on or after the States under the due process clause of Washington. Canadian tourism and date of the enactment of this Act. the fourteenth amendment. However, commerce is particularly important to Ms. LANDRIEU. Mr. President, I am the Federal courts have left it to State proud to join my colleague from Geor- Bellingham and northwest Washington courts to adjudicate fifth amendment where border trade thrives to the ben- gia, Senator COVERDELL, in introducing claims in this area. Only if issues of the Property Owners Access to Justice efit of both Americans and Canadians. State law are resolved in the case, may This legislative initiative follows up Act of 1997. plaintiffs have their constitutional Mr. President, in my view, this bill is on a late 1996 letter I sent to Attorney claim heard in Federal court. Working General Janet Reno inquiring about particularly aptly named. Justice and people simply cannot afford a process fairness are what this bill is all about. section 110. The letter expressed my that would require them to go all the strong opposition to a border fee or Unlike other countries, when this Na- way through the State court system other interpretation of section 110 tion was created, we did so with a con- and then into the federal courts to en- which would inhibit legal tourism and tract between the people and the Gov- force their constitutional rights. trade between the United States and ernment. It is not very long, but the Mr. President, it is my hope that our Canada. I continue to vigorously op- freedoms it guarantees are quite pro- colleagues will join this bipartisan ef- pose nuisance measures that will un- found. Among its provisions is a simple fort and take a concrete step to provide duly delay legal border crossings. A promise from the Government to the real relief to middle class people. We border tax is the most obvious nui- people. Private property shall not be will all benefit by a judicial process sance measure, however, section 110 if taken for public use without just com- that is more equitable and transparent. fully implemented will have a poten- pensation. These very few words in- tially disastrous impact on commu- cluded in our Constitution provide one By Mrs. MURRAY: nities in my state. of the strongest defenses we have S. 1205. A bill to amend the Illegal I do not expect section 110 to ever be against arbitrary government. The cer- Immigration Reform and Immigrant applied to Canadians. To do so, would tainty that our property cannot be ex- Responsibility Act of 1996 to clarify be a phenomenal waste of limited re- propriated by government without our that records of arrival or departure are sources. We can’t neglect our northern being compensated, provides the essen- not required to be collected for pur- Border, but we can certainly be a lot tial infrastructure for America’s great poses of the automated entry-exit con- smarter. Exempting Canadians from economic strength. We could never be trol system developed under section 110 section 110 is the smart thing, the right the world’s largest market without of such act for Canadians who are not thing to do. such an assurance. otherwise required to possess a visa, I encourage my colleagues to review However, for often well-intentioned passport, or border crossing identifica- this important legislation and to join reasons, all levels of government have tion card; to the Committee on the Ju- me in supporting the passage of this made claims on private property which diciary. legislative exemption at the earliest conflict with the protections of the THE ILLEGAL IMMIGRATION ACT CANADIAN opportunity. fifth amendment. Whether through EXEMPTION ACT OF 1997 zoning, environmental protections, or Mrs. MURRAY. Mr. President, today By Ms. SNOWE (for herself, Mr. claims of eminent domain, people have I am introducing legislation to amend JEFFORDS, Ms. MIKULSKI, Mr. found their property rights under in- a controversial provision in last year’s ALLARD, Mr. HARKIN, and Mr. creasing assault. Unfortunately, not illegal immigration legislation that GRASSLEY):

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9791 S. 1206. A bill to provide for an enu- RAD, Ms. LANDRIEU, Mr. REED, (3) a dedicated activist and humanitarian, meration of family caregivers as part and Mrs. MURRAY): Raul Julia was a major supporter and of the 2000 decennial census of popu- S. 1207. A bill to authorize the Presi- spokesperson for the Hunger Fund, a non- lation; to the Committee on Govern- dent to award a Congressional Gold profit organization committed to the eradi- cation of world hunger; and mental Affairs. Medal to the family of the late Raul (4) Raul Julia received the Hispanic Herit- THE FAMILY CAREGIVERS ACT OF 1997 Julia, and for other purposes; to the age Award recognizing his many career Ms. SNOWE. Mr. President, I rise Committee on Banking, Housing, and achievements for the Latino community, in- today to introduce legislation to high- Urban Affairs. cluding his involvement in ‘‘La Familia’’, a light the millions of family caregivers CONGRESSIONAL GOLD MEDAL LEGISLATION New York City outreach program for Latino across this country, by calling on the Mrs. BOXER. Mr. President, I rise families in need, the Puerto Rican traveling Census Bureau to count family care- today to introduce legislation author- theater, the Museo del Barrio, and the New York Shakespeare Festival. givers in the Census 2000. This bill is a izing the President of the United SEC. 2. CONGRESSIONAL GOLD MEDAL. companion to House legislation intro- States to award a Congressional Gold (a) PRESENTATION AUTHORIZED.—The Presi- duced by Representative CANADY. I Medal in honor of the late Raul Julia, dent is authorized to present, on behalf of would like to thank Senators JEF- a remarkable person who touched the the Congress, to the family of the late Raul FORDS, MIKULSKI, ALLARD, HARKIN, and lives of millions. Julia a gold medal of appropriate design, in GRASSLEY for joining me in support of Raul Julia is known to most people recognition of his dedication to ending world family caregivers by cosponsoring this as a talented actor who performed in hunger and his great contributions to the bill. movies and on stage. He excelled in Latino community and to the performing As the population of this country such films as ‘‘The Kiss of the Spider arts. ages, more and more Americans have Woman,’’ ‘‘Presumed Innocent,’’ and (b) DESIGN AND STRIKING.—For purposes of the presentation referred to in subsection and will assume the role of family ‘‘The Eyes of Laura Mars.’’ In his (a), the Secretary of the Treasury (hereafter caregivers—people who provide non- greater love, the theater, he starred in in this Act referred to as the ‘‘Secretary’’) compensated care for an elderly or dis- several productions, including the New shall strike a gold medal with suitable em- abled family member in their own York Shakespeare Festival’s ‘‘Mac- blems, devices, and inscriptions to be deter- home. Today, nearly 80 percent of el- beth,’’ ‘‘Othello,’’ and ‘‘The Taming of mined by the Secretary. derly people needing long-term care the Shrew.’’ His brilliant career earned (c) GIFTS AND DONATIONS.— services are estimated to reside outside him four Tony Award nominations and (1) IN GENERAL.—The Secretary may ac- cept, use, and disburse gifts or donations of the nursing home setting, and many a countless number of accolades. property or money to carry out this section. nonelderly people are cared for by a However, Raul Julia was more than (2) APPROPRIATION AUTHORIZED.—No family member as well. In fact, family just a remarkable actor and enter- amount is authorized to be appropriated to caregivers provide two-thirds of all tainer—through his work, he was able carry out this section. home care services in this country. to conquer stereotypes unfairly at- SEC. 3. DUPLICATE MEDALS. The decision to care for a loved one tached to Latin actors and performers. The Secretary may strike and sell dupli- who is ill or incapacitated on a full- It is clear that the Latino community cates in bronze of the gold medal struck pur- time basis requires significant personal still suffers discrimination in the en- suant to section 2 under such regulations as sacrifice on the caregiver’s part. Yet tertainment field. Too many times, we the Secretary may prescribe, at a price suffi- the compassionate services provided by see Latinos cast as gang members, drug cient to cover the cost thereof, including labor, materials, dies, use of machinery, and family caregivers to those who are un- dealers, and other negative characters. overhead expenses, and the cost of the gold able to care for themselves is invalu- With his dignified presence and unde- medal. able. Without the contributions of niable talent, Raul Julia was able to SEC. 4. STATUS OF MEDALS. caregivers, immense pressure would be overcome these stereotypes. He became The medals struck pursuant to this Act brought to bear on our nursing home a role model for Latinos trying to are— and health care systems. Unfortu- break into the entertainment industry, (1) national medals, for purposes of chapter nately, caregivers and their contribu- and today is still an inspiration to 51 of title 31, United States Code; and tions to the Nation’s public health sys- Latino and non-Latino alike. (2) numismatic items, for purposes of sec- tem have historically gone unrecog- Raul Julia was also a dedicated ac- tion 5134 of title 31, United States Code. tivist and humanitarian. He was espe- SEC. 5. TRANSFER OF ANY PROFIT TO LIBRARY nized. OF CONGRESS. While the issue of family caregivers cially concerned with worldwide hun- The Secretary shall transfer in equal has obvious policy implications, ade- ger, in part because of his upbringing amounts from the Numismatic Public Enter- quate statistical and survey informa- in Puerto Rico. In honor of his lifetime prise Fund an amount equal to the amount tion is not available to help policy- of unselfish giving, this legislation will by which the sum of any gifts and donations makers address issues concerning these divide profits from the sale of duplicate received by the Secretary in accordance with individuals. That is why I am intro- medals equally between the Raul Julia section 2(c)(1) and any proceeds from the sale ducing legislation to request that fam- Hunger Fund and the National His- of duplicate medals pursuant to section 3 ex- ily caregivers be counted by the Census panic Foundation for the Arts. ceeds the total amount of the costs incurred A Congressional Gold Modal is a fit- by the Secretary in carrying out this Act Bureau in the Census 2000. By counting to— caregivers in the census, we will be ting tribute to the life and work of (1) the Raul Julia Ending Hunger Fund; able to collect more information about Raul Julia. I urge my colleagues to and this rapidly-growing group and form support this bill. (2) the National Hispanic Foundation for policy solutions that will take into ac- I ask unanimous consent that the the Arts. count their special needs. full text of the bill be printed at this In her book, ‘‘Helping Yourself Help point in the RECORD. By Mrs. BOXER (for herself and Others,’’ former First Lady Rosalynn There being no objection, the bill was Mrs. MURRAY): Carter reminds us that there are only ordered to be printed in the RECORD, as S. 1208. A bill to protect women’s re- four kinds of people in the world: those follows: productive health and constitutional who have been caregivers, those who S. 1207 right to choice, and for other purposes; are caregivers, those who will be care- Be it enacted by the Senate and House of Rep- to the Committee on Labor and Human givers, and those who will need care- resentatives of the United States of America in Resources. givers. I urge my colleagues to support Congress assembled, THE FAMILY PLANNING AND CHOICE PROTECTION this important legislation and to draw SECTION 1. FINDINGS. ACT OF 1997 attention to the needs of family care- The Congress finds that— Mrs. BOXER. Mr. President, I come (1) Raul Julia was an accomplished, tal- givers. today to the Senate floor to introduce ented performer, entertaining millions the Family Planning and Choice Pro- through his work in film and theater; By Mrs. BOXER (for herself, Mr. (2) Raul Julia was a leader in the enter- tection Act of 1997, a comprehensive BINGAMAN, Mrs. FEINSTEIN, Mr. tainment industry, particularly as a tireless pro-choice, pro-family planning, and DASCHLE, Mr. DORGAN, Mr. HAR- mentor and role model to emerging Latino pro-women’s health bill. The bill is co- KIN, Mr. WELLSTONE, Mr. CON- actors; sponsored in the Senate by Senator

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9792 CONGRESSIONAL RECORD — SENATE September 23, 1997 MURRAY, and the companion bill was chlamydia. Second, it calls for funding lowing policies to preserve the choice and re- introduced by Representative NITA for more research on contraception and productive health of women: LOWEY. infertility. (A) Authorization of family planning pro- This bill has three purposes: to im- The American people overwhelm- grams. ingly support a woman’s right to (B) The prohibition of any gag rule on in- prove family planning programs and formation pertaining to reproductive med- services; to strengthen women’s right choose, family planning, and women’s ical services. to choose; and to increase research on health research. Yet there are those in (C) The promotion of equitable treatment women’s health. this Congress who are determined to and coverage of prescription contraception In the past months and years, Con- turn the clock back. This bill works to drugs and devices in the provision of health gress has curbed women’s reproductive ensure that no American woman will insurance. rights again and again. We’ve seen it in ever have to go back to the days of ig- (D) The provision of funding for emergency the appropriations process, as women norance, isolation, and injustice. The contraceptive education. in the military and military depend- women of America cannot afford to go (E) The establishment of breast cancer, cervical cancer, and chlamydia screening ents are prevented from using their back. The Family Planning and Choice Protection Act of 1997 calls on Con- programs in all 50 States. own funds to obtain an abortion at (F) Full implementation of contraceptive military facilities. Similarly, the Dis- gress to strengthen women’s right to and infertility research programs. trict of Columbia has been prevented choose and to hold firm against further (G) Funding through the medicaid program from using local funds to provide abor- attacks on this fundamental right. under title XIX of the Social Security Act tion services. These are just two exam- I am proud to sponsor this important (42 U.S.C. 1396 et seq.) for abortion services. ples. Bit by bit, anti-choice legislators initiative in the Senate, and proud to (H) Protection of women from clinic vio- OWEY and groups are chipping away at women’s funda- join Representative L lence. such as the National Abortion Rights (I) Final approval of the drug called mental right to choose. Mifepristone or RU–486. Even family planning programs and Action League to make this positive statement for women’s rights and (J) The maintenance of a fundamental services have been under attack. In health. right to choose, as stated in the Supreme June, the House of Representatives Mr. President, I ask unanimous con- Court decision in Roe v. Wade, 410 U.S. 113 voted to cut off funding for family sent that the full text of this bill be (1973). planning to overseas organizations un- (K) The establishment of the right of the printed in the RECORD. less they comply with certain restric- District of Columbia to access locally raised There being no objection, the bill was revenue to provide abortion services to low- tions. These restrictions amount to a ordered to be printed in the RECORD, as global gag rule, prohibiting these orga- income women. follows: (L) The promotion of fairness in insurance. nizations from using even non-Federal S. 1208 (M) The establishment of the ability of funds to provide abortion services or Be it enacted by the Senate and House of Rep- military personnel overseas to obtain abor- advocate to change abortion laws or resentatives of the United States of America in tion services. policies abroad. Congress assembled, TITLE I—PREVENTION The Family Planning and Choice SECTION 1. SHORT TITLE. Subtitle A—Family Planning Protection Act of 1997 addresses these This Act may be cited as the ‘‘Family SEC. 101. FAMILY PLANNING AMENDMENTS. attacks. It is a positive statement of Planning and Choice Protection Act of 1997’’. Section 1001(d) of the Public Health Serv- what freedom of choice really means. SEC. 2. FINDINGS. ice Act (42 U.S.C. 300(d)) is amended to read The bill has three parts—family plan- Congress finds that— as follows: ning, choice protection, and health. (1) reproductive rights are central to the ‘‘(d) For the purpose of making grants and The family planning part does four ability of women to exercise full enjoyment entering into contracts under this section, of rights secured to women by Federal and there are authorized to be appropriated things. First, it authorizes additional State law; $275,000,000 for fiscal year 1999 and such sums funds for family planning services. Sec- (2) abortion has been a legal and constitu- as may be necessary for each of fiscal years ond, it bans gag rules, which have re- tionally protected medical procedure 2000 through 2003.’’. stricted the information health pro- throughout the United States since 1973 and SEC. 102. FREEDOM OF FULL DISCLOSURE. viders can give and women can receive has become part of mainstream medical Title XI of the Civil Rights Act of 1964 (42 about reproductive health services. practice as is evidenced by the positions of U.S.C. 2000h et seq.) is amended by adding at Third, it requires all health plans to medical institutions including the American the end the following: cover contraceptive services and drugs Medical Association, the American College ‘‘SEC. 1107. INFORMATION ABOUT AVAILABILITY of Obstetricians and Gynecologists, the OF REPRODUCTIVE HEALTH CARE if they cover other prescription drugs. American Medical Women’s Association, the SERVICES. Fourth, it promotes understanding of American Nurses Association, and the Amer- ‘‘(a) DEFINITION.—As used in this section, emergency contraceptives, which can ican Public Health Association; the term ‘governmental authority’ means be used after intercourse to prevent (3) the availability of abortion services is any authority of the United States. pregnancy. diminishing throughout the United States, ‘‘(b) GENERAL AUTHORITY.—Notwith- The part on choice protection has as evidenced by— standing any other provision of law, no gov- (A) the fact that 84 percent of counties in ernmental authority shall, in or through any four elements. First and foremost, it program or activity that is administered or takes the basic principles of Roe versus the United States have no abortion provider; and assisted by such authority and that provides Wade and makes them Federal law. (B) the fact that, between 1982 and 1992, the health care services or information, limit Second, it repeals the many restric- number of abortion providers decreased in 45 the right of any person to provide, or the tions that Congress has placed on fund- States; and right of any person to receive, nonfraudulent ing of abortions, including services for (4)(A) the Department of Health and information about the availability of repro- poor women, women in the military, Human Services and the Institute of Medi- ductive health care services, including fam- women in the District of Columbia, and cine of the National Academy of Sciences ily planning, prenatal care, adoption, and abortion services.’’. Federal employees. Third, it calls for have contributed to the development of a re- Subtitle B—Prescription Equity and additional Federal resources to ensure port entitled ‘‘Healthy People 2000’’, which urges that the rate of unintended pregnancy Contraceptive Coverage that women and health care providers in the United States be reduced by nearly 50 SEC. 111. FINDINGS. have safe access to reproductive health percent by the year 2000; Congress finds that— clinics, and protection against violence (B) nearly 60 percent, or approximately (1) each year, approximately 3,100,000 preg- at these clinics. Fourth, it directs the 3,100,000, of all pregnancies in the United nancies, or nearly 60 percent of all preg- Department of Health and Human States each year are unintended, resulting in nancies, in this country are unintended; Services to ensure that the approval of 1,500,000 abortions in the United States each (2) contraceptive services are part of basic RU–486 is based on health consider- year; and health care, allowing families to both ade- ations only—not political decisions. (C) the provision of family planning serv- quately space desired pregnancies and avoid The third part of the bill focuses on ices, including emergency contraception, is a unintended pregnancy; cost-effective way of reducing the number of (3) studies show that contraceptives are women’s health. First, it supports unintended pregnancies and abortions in the cost-effective: for every $1 of public funds in- funding for preventive health measures United States; and vested in family planning, $4 to $14 of public in all 50 States, such as screening for (5) at a minimum, Congress must enact funds is saved in pregnancy and health care- breast and cervical cancer and legislation establishing or retaining the fol- related costs;

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9793 (4) by reducing rates of unintended preg- ‘‘(2) provide monetary payments or rebates days after the first day of the first plan year nancy, contraceptives help reduce the need to a covered individual to encourage such in- in which such requirements apply. for abortion; dividual to accept less than the minimum ‘‘(e) PREEMPTION.—Nothing in this section (5) unintended pregnancies lead to higher protections available under this section; shall be construed to preempt any provision rates of infant mortality, low-birth weight, ‘‘(3) penalize or otherwise reduce or limit of State law to the extent that such State and maternal morbidity, and threaten the the reimbursement of a health care profes- law establishes, implements, or continues in economic viability of families; sional because such professional prescribed effect any standard or requirement that pro- (6) the National Commission to Prevent In- contraceptive drugs or devices, or provided vides protections for enrollees that are fant Mortality determined that ‘‘infant mor- contraceptive services, described in sub- greater than the protections provided under tality could be reduced by 10 percent if all section (a), in accordance with this section; this section. women not desiring pregnancy used contra- or ‘‘(f) DEFINITION.—In this section, the term ception’’; ‘‘(4) provide incentives (monetary or other- ‘outpatient contraceptive services’ means (7) most women in the United States, in- wise) to a health care professional to induce consultations, examinations, procedures, and cluding two-thirds of women of childbearing such professional to withhold from a covered medical services, provided on an outpatient age, rely on some form of private employ- individual contraceptive drugs or devices, or basis and related to the use of contraceptive ment-related insurance (through either their contraceptive services, described in sub- methods (including natural family planning) own employer or a family member’s em- section (a). to prevent an unintended pregnancy.’’. ployer) to defray their medical expenses; ‘‘(c) RULES OF CONSTRUCTION.— (b) CLERICAL AMENDMENT.—The table of (8) the vast majority of private insurers ‘‘(1) IN GENERAL.—Nothing in this section contents in section 1 of such Act, as amended cover prescription drugs, but many exclude shall be construed— by section 603 of the Newborns’ and Mothers’ coverage for prescription contraceptives; ‘‘(A) as preventing a group health plan and Health Protection Act of 1996 and section 702 (9) private insurance provides extremely a health insurance issuer providing health of the Mental Health Parity Act of 1996, is limited coverage of contraceptives: half of insurance coverage in connection with a amended by inserting after the item relating traditional indemnity plans and preferred group health plan from imposing to section 712 the following new item: deductibles, coinsurance, or other cost-shar- provider organizations, 20 percent of point- ‘‘Sec. 713. Standards relating to benefits for ing or limitations in relation to— of-service networks, and 7 percent of health contraceptives.’’. maintenance organizations cover no contra- ‘‘(i) benefits for contraceptive drugs under the plan, except that such a deductible, coin- (c) EFFECTIVE DATE.—The amendments ceptive methods other than sterilization; made by this section shall apply with respect (10) women of reproductive age spend 68 surance, or other cost-sharing or limitation for any such drug may not be greater than to plan years beginning on or after January percent more than men on out-of-pocket 1, 1998. health care costs, with contraceptives and such a deductible, coinsurance, or cost-shar- SEC. 113. AMENDMENTS TO THE PUBLIC HEALTH reproductive health care services accounting ing or limitation for any outpatient prescrip- tion drug otherwise covered under the plan; SERVICE ACT RELATING TO THE for much of the difference; GROUP MARKET. (11) the lack of contraceptive coverage in ‘‘(ii) benefits for contraceptive devices under the plan, except that such a deduct- (a) IN GENERAL.—Subpart 2 of part A of health insurance places many effective forms title XXVII of the Public Health Service Act of contraceptives beyond the financial reach ible, coinsurance, or other cost-sharing or limitation for any such device may not be (as added by section 604(a) of the Newborns’ of many women, leading to unintended preg- and Mothers’ Health Protection Act of 1996 nancies; and greater than such a deductible, coinsurance, or cost-sharing or limitation for any out- and amended by section 703(a) of the Mental (12) the Institute of Medicine Committee Health Parity Act of 1996) is further amended on Unintended Pregnancy recently rec- patient prescription device otherwise cov- ered under the plan; and by adding at the end the following new sec- ommended that ‘‘financial barriers to con- tion: traception be reduced by increasing the pro- ‘‘(iii) benefits for outpatient contraceptive services under the plan, except that such a ‘‘SEC. 2706. STANDARDS RELATING TO BENEFITS portion of all health insurance policies that FOR CONTRACEPTIVES. cover contraceptive services and supplies’’. deductible, coinsurance, or other cost-shar- ing or limitation for any such service may ‘‘(a) REQUIREMENTS FOR COVERAGE.—A SEC. 112. AMENDMENTS TO THE EMPLOYEE RE- not be greater than such a deductible, coin- group health plan, and a health insurance TIREMENT INCOME SECURITY ACT issuer providing health insurance coverage OF 1974. surance, or cost-sharing or limitation for any outpatient health care service otherwise in connection with a group health plan, may (a) IN GENERAL.—Subpart B of part 7 of covered under the plan; and not— subtitle B of title I of the Employee Retire- ‘‘(B) as requiring a group health plan and a ‘‘(1) exclude or restrict benefits for pre- ment Income Security Act of 1974 (as added health insurance issuer providing health in- scription contraceptive drugs or devices ap- by section 603(a) of the Newborns’ and Moth- surance coverage in connection with a group proved by the Food and Drug Administra- ers’ Health Protection Act of 1996 and health plan to cover experimental or inves- tion, or generic equivalents approved as sub- amended by section 702(a) of the Mental tigational contraceptive drugs or devices, or stitutable by the Food and Drug Administra- Health Parity Act of 1996) is further amended experimental or investigational contracep- tion, if such plan provides benefits for other by adding at the end the following new sec- tive services, described in subsection (a), ex- outpatient prescription drugs or devices; or tion: cept to the extent that the plan or issuer ‘‘(2) exclude or restrict benefits for out- ‘‘SEC. 713. STANDARDS RELATING TO BENEFITS provides coverage for other experimental or patient contraceptive services if such plan FOR CONTRACEPTIVES. investigational outpatient prescription drugs provides benefits for other outpatient serv- ‘‘(a) REQUIREMENTS FOR COVERAGE.—A or devices, or experimental or investiga- ices provided by a health care professional group health plan, and a health insurance tional outpatient health care services. (referred to in this section as ‘outpatient issuer providing health insurance coverage ‘‘(2) LIMITATIONS.—As used in paragraph health care services’). in connection with a group health plan, may (1), the term ‘limitation’ includes— ‘‘(b) PROHIBITIONS.—A group health plan, not— ‘‘(A) in the case of a contraceptive drug or and a health insurance issuer providing ‘‘(1) exclude or restrict benefits for pre- device, restricting the type of health care health insurance coverage in connection scription contraceptive drugs or devices ap- professionals that may prescribe such drugs with a group health plan, may not— proved by the Food and Drug Administra- or devices, utilization review provisions, and ‘‘(1) deny to an individual eligibility, or tion, or generic equivalents approved as sub- limits on the volume of prescription drugs or continued eligibility, to enroll or to renew stitutable by the Food and Drug Administra- devices that may be obtained on the basis of coverage under the terms of the plan because tion, if such plan provides benefits for other a single consultation with a professional; or of the individual’s or enrollee’s use or poten- outpatient prescription drugs or devices; or ‘‘(B) in the case of an outpatient contra- tial use of items or services that are covered ‘‘(2) exclude or restrict benefits for out- ceptive service, restricting the type of in accordance with the requirements of this patient contraceptive services if such plan health care professionals that may provide section; provides benefits for other outpatient serv- such services, utilization review provisions, ‘‘(2) provide monetary payments or rebates ices provided by a health care professional requirements relating to second opinions to a covered individual to encourage such in- (referred to in this section as ‘outpatient prior to the coverage of such services, and dividual to accept less than the minimum health care services’). requirements relating to preauthorizations protections available under this section; ‘‘(b) PROHIBITIONS.—A group health plan, prior to the coverage of such services. ‘‘(3) penalize or otherwise reduce or limit and a health insurance issuer providing ‘‘(d) NOTICE UNDER GROUP HEALTH PLAN.— the reimbursement of a health care profes- health insurance coverage in connection The imposition of the requirements of this sional because such professional prescribed with a group health plan, may not— section shall be treated as a material modi- contraceptive drugs or devices, or provided ‘‘(1) deny to an individual eligibility, or fication in the terms of the plan described in contraceptive services, described in sub- continued eligibility, to enroll or to renew section 102(a)(1), for purposes of assuring no- section (a), in accordance with this section; coverage under the terms of the plan because tice of such requirements under the plan, ex- or of the individual’s or enrollee’s use or poten- cept that the summary description required ‘‘(4) provide incentives (monetary or other- tial use of items or services that are covered to be provided under the last sentence of sec- wise) to a health care professional to induce in accordance with the requirements of this tion 104(b)(1) with respect to such modifica- such professional to withhold from a covered section; tion shall be provided by not later than 60 individual contraceptive drugs or devices, or

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contraceptive services, described in sub- SEC. 114. AMENDMENT TO THE PUBLIC HEALTH (d) AUTHORIZATION OF APPROPRIATIONS.— section (a). SERVICE ACT RELATING TO THE IN- There is authorized to be appropriated to ‘‘(c) RULES OF CONSTRUCTION.— DIVIDUAL MARKET. carry out this section $5,000,000 for the period ‘‘(1) IN GENERAL.—Nothing in this section (a) IN GENERAL.—Subpart 3 of part B of consisting of fiscal years 1999 through 2001. title XXVII of the Public Health Service Act shall be construed— TITLE II—RESEARCH ‘‘(A) as preventing a group health plan and (as added by section 605(a) of the Newborn’s and Mother’s Health Protection Act of 1996) SEC. 201. PREVENTIVE HEALTH MEASURES RE- a health insurance issuer providing health GARDING BREAST AND CERVICAL insurance coverage in connection with a is amended by adding at the end the fol- CANCER AND CHLAMYDIA. group health plan from imposing lowing new section: It is the sense of Congress that the pro- deductibles, coinsurance, or other cost-shar- ‘‘SEC. 2752. STANDARDS RELATING TO BENEFITS grams of grants under section 318 and title ing or limitations in relation to— FOR CONTRACEPTIVES. XV of the Public Health Service Act (42 ‘‘(i) benefits for contraceptive drugs under ‘‘The provisions of section 2706 shall apply U.S.C. 247c and 300k et seq.) should receive a the plan, except that such a deductible, coin- to health insurance coverage offered by a level of funding that is adequate for all surance, or other cost-sharing or limitation health insurance issuer in the individual States, or entities in all States, as appro- for any such drug may not be greater than market in the same manner as they apply to priate, to receive grants under such section such a deductible, coinsurance, or cost-shar- health insurance coverage offered by a and title. health insurance issuer in connection with a ing or limitation for any outpatient prescrip- SEC. 202. PROGRAMS REGARDING CONTRACEP- tion drug otherwise covered under the plan; group health plan in the small or large group TION AND INFERTILITY. ‘‘(ii) benefits for contraceptive devices market.’’. (a) RESEARCH CENTERS.—It is the sense of under the plan, except that such a deduct- (b) EFFECTIVE DATE.—The amendment Congress that the program assisting research ible, coinsurance, or other cost-sharing or made by this section shall apply with respect centers under section 452A of the Public limitation for any such device may not be to health insurance coverage offered, sold, Health Service Act (42 U.S.C. 285g–5) should greater than such a deductible, coinsurance, issued, renewed, in effect, or operated in the receive a level of funding that is adequate or cost-sharing or limitation for any out- individual market on or after January 1, for a reasonable number of research centers patient prescription device otherwise cov- 1998. to be operated under the program. ered under the plan; and Subtitle C—Emergency Contraceptives (b) LOAN REPAYMENT PROGRAM REGARDING ‘‘(iii) benefits for outpatient contraceptive SEC. 121. EMERGENCY CONTRACEPTIVE EDU- CONDUCT OF RESEARCH.—It is the sense of services under the plan, except that such a CATION. Congress that the program of loan-repay- deductible, coinsurance, or other cost-shar- (a) DEFINITION.—In this section: ment contracts under section 487B of the ing or limitation for any such service may (1) EMERGENCY CONTRACEPTIVE.—The term Public Health Service Act (42 U.S.C 288–2) not be greater than such a deductible, coin- ‘‘emergency contraceptive’’ means a drug or should receive a level of funding that is ade- surance, or cost-sharing or limitation for device (as the terms are defined in section quate for a reasonable number of individuals any outpatient health care service otherwise 201 of the Federal Food, Drug, and Cosmetic to conduct research under the program. covered under the plan; and Act (21 U.S.C. 321)) that is designed— TITLE III—CHOICE PROTECTION ‘‘(B) as requiring a group health plan and a (A) to be used after sexual relations; and SEC. 301. FUNDING FOR ABORTION SERVICES. health insurance issuer providing health in- (B) to prevent pregnancy, by preventing It is the sense of Congress that Federal and surance coverage in connection with a group ovulation, fertilization of an egg, or implan- State governments should provide funding health plan to cover experimental or inves- tation of an egg in a uterus. for abortion services to women eligible for tigational contraceptive drugs or devices, or (2) HEALTH CARE PROVIDER.—The term assistance through the medicaid program experimental or investigational contracep- ‘‘health care provider’’ means anyone li- carried out under title XIX of the Social Se- tive services, described in subsection (a), ex- censed or certified under State law to pro- curity Act (42 U.S.C. 1396 et seq.), as such cept to the extent that the plan or issuer vide health care services who is operating services are essential to the health and well- provides coverage for other experimental or within the scope of such license. being of women. investigational outpatient prescription drugs (3) INSTITUTION OF HIGHER EDUCATION.—The SEC. 302. CLINIC VIOLENCE. or devices, or experimental or investiga- term ‘‘institution of higher education’’ has It is the sense of Congress that— tional outpatient health care services. the meaning given the term in section 1201(a) (1) Federal resources are necessary to en- ‘‘(2) LIMITATIONS.—As used in paragraph of the Higher Education Act of 1965 (20 U.S.C. sure that women have safe access to repro- (1), the term ‘limitation’ includes— 1141(a)). ductive health facilities and that health pro- ‘‘(A) in the case of a contraceptive drug or (b) EMERGENCY CONTRACEPTIVE PUBLIC fessionals can deliver services in a secure en- device, restricting the type of health care EDUCATION PROGRAM.— vironment free from violence and threats of professionals that may prescribe such drugs (1) IN GENERAL.—The Secretary of Health force; and or devices, utilization review provisions, and and Human Services, acting through the Di- (2) it is necessary and appropriate to use limits on the volume of prescription drugs or rector of the Centers for Disease Control, Federal resources to combat the nationwide devices that may be obtained on the basis of shall develop and disseminate to the public campaign of violence and harassment a single consultation with a professional; or information on emergency contraceptives. against reproductive health centers. ‘‘(B) in the case of an outpatient contra- (2) DEVELOPMENT AND DISSEMINATION.—The SEC. 303. APPROVAL OF RU–486. ceptive service, restricting the type of Secretary may develop and disseminate the The Secretary of Health and Human Serv- health care professionals that may provide information directly or through arrange- ices shall— such services, utilization review provisions, ments with nonprofit organizations, con- (1) ensure that a decision by the Food and requirements relating to second opinions sumer groups, institutions of higher edu- Drug Administration to approve the drug prior to the coverage of such services, and cation, Federal, State, or local agencies, and called Mifepristone or RU–486 shall be made requirements relating to preauthorizations clinics. only on the basis provided in law; and prior to the coverage of such services. (3) INFORMATION.—The information shall (2) assess initiatives by which the Depart- ‘‘(d) NOTICE.—A group health plan under include, at a minimum, information describ- ment of Health and Human Services can pro- this part shall comply with the notice re- ing emergency contraceptives, and explain- mote the testing, licensing, and manufac- quirement under section 713(d) of the Em- ing the use, effects, efficacy, and availability turing in the United States of the drug or ployee Retirement Income Security Act of of the contraceptives. other antiprogestins. 1974 with respect to the requirements of this (c) EMERGENCY CONTRACEPTIVE INFORMA- SEC. 304. FREEDOM OF CHOICE. section as if such section applied to such TION PROGRAM FOR HEALTH CARE PRO- (a) FINDINGS.—Congress finds the fol- plan. VIDERS.— lowing: ‘‘(e) PREEMPTION.—Nothing in this section (1) IN GENERAL.—The Secretary of Health (1) The 1973 Supreme Court decision in Roe shall be construed to preempt any provision and Human Services, acting through the Ad- v. Wade, 410 U.S. 113 (1973) established con- of State law to the extent that such State ministrator of the Health Resources and stitutionally based limits on the power of law establishes, implements, or continues in Services Administration, shall develop and States to restrict the right of a woman to effect any standard or requirement that pro- disseminate to health care providers infor- choose to terminate a pregnancy. Under the vides protections for enrollees that are mation on emergency contraceptives. strict scrutiny standard enunciated in the greater than the protections provided under this section. (2) INFORMATION.—The information shall Roe v. Wade decision, States were required ‘‘(f) DEFINITION.—In this section, the term include, at a minimum— to demonstrate that laws restricting the ‘outpatient contraceptive services’ means (A) information describing the use, effects, right of a woman to choose to terminate a consultations, examinations, procedures, and and efficacy and availability of the contra- pregnancy were the least restrictive means medical services, provided on an outpatient ceptives; available to achieve a compelling State in- basis and related to the use of contraceptive (B) a recommendation from the Secretary terest. Since 1989, the Supreme Court has no methods (including natural family planning) regarding the use of the contraceptives in longer applied the strict scrutiny standard in to prevent an unintended pregnancy.’’. appropriate cases; and reviewing challenges to the constitu- (b) EFFECTIVE DATE.—The amendments (C) information explaining how to obtain tionality of State laws restricting such made by this section shall apply with respect copies of the information developed under rights. to group health plans for plan years begin- subsection (b), for distribution to the pa- (2) As a result of the recent modification ning on or after January 1, 1998. tients of the providers. by the Supreme Court of the strict scrutiny

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9795 standard enunciated in the Roe v. Wade deci- (2) prevent a State from declining to pay too many of these schools understaffed sion, certain States have restricted the right for the performance of abortions; or and unsupported. We must recognize of women to choose to terminate a preg- (3) prevent a State from requiring a minor the urgency of this situation and act nancy or to utilize some forms of contracep- to involve a parent, guardian, or other re- now. tion, and the restrictions operate cumula- sponsible adult before terminating a preg- tively to— nancy. In other initiatives, we are already (A)(i) increase the number of illegal or SEC. 305. FAIRNESS IN INSURANCE. asking teachers to ensure that children medically less safe abortions, often resulting Notwithstanding any other provision of meet high standards, but we are not in physical impairment, loss of reproductive law, no Federal law shall be construed to asking whether teachers are ready to capacity, or death to the women involved; prohibit a health plan from offering coverage meet this challenge. Because of the (ii) burden interstate and international for the full range of reproductive health care shortage of teachers, many educators commerce by forcing women to travel from services, including abortion services. are forced to teach subjects outside States in which legal barriers render contra- SEC. 306. REPRODUCTIVE RIGHTS OF WOMEN IN ception or abortion unavailable or unsafe to THE MILITARY. their certification area. This shortage other States or foreign nations; Section 1093 of title 10, United States Code, is especially serious in communities (iii) interfere with freedom of travel be- is amended— with high concentrations of students tween and among the various States; (1) in subsection (a), by inserting before from low-income families. Annually, (iv) burden the medical and economic re- the period the following: ‘‘or in a case in more than 50,000 underprepared teach- sources of States that continue to provide which the pregnancy involved is the result of ers enter the classroom. One in four women with access to safe and legal abor- an act of rape or incest or the abortion in- new teachers do not fully meet State tion; and volved is medically necessary or appro- certification requirements, and 12 per- (v) interfere with the ability of medical priate’’; professionals to provide health services; (2) by striking subsection (b) (as added by cent of new hires have had not teacher (B) obstruct access to and use of contracep- section 738 of the National Defense Author- training at all. Students in inner-city tive and other medical techniques that are ization Act for Fiscal Year 1996 (Public Law schools have only a 50-percent chance part of interstate and international com- 104–106; 110 Stat. 383)); and of being taught by a qualified science merce; (3) by adding at the end the following: or math teacher. In Massachusetts, 30 (C) discriminate between women who are ‘‘(b) ABORTIONS IN FACILITIES OVERSEAS.— percent of teachers in high-poverty able to afford interstate and international Subsection (a) does not limit the performing schools do not even have a minor de- of an abortion in a facility of the uniformed travel and women who are not, a dispropor- gree in their field. tionate number of whom belong to racial or services located outside the 48 contiguous ethnic minorities; and States of the United States if— This gap is unacceptable. Teachers (D) infringe on the ability of women to ex- ‘‘(1) the cost of performing the abortion is must have a strong knowledge base in ercise full enjoyment of rights secured to the fully paid from a source or sources other their subject area, so that they can women by Federal and State law, both statu- than funds available to the Department of motivate young learners and teach tory and constitutional. Defense; strong basic skills. Teachers must be (3) Although Congress may not by legisla- ‘‘(2) abortions are not prohibited by the comfortable with topics, so that they laws of the jurisdiction where the facility is tion create constitutional rights, Congress encourage extended thinking and ques- may, where authorized by a constitutional located; and provision enumerating the powers of Con- ‘‘(3) the abortion would otherwise be per- tioning on issues. Teachers must also gress and not prohibited by a constitutional mitted under the laws applicable to the pro- have opportunities to improve their provision, enact legislation to create and se- vision of health care to members and former own skills, learn how to integrate tech- cure statutory rights in areas of legitimate members of the uniformed services and their nology, and employ strategies that en- national concern. dependents in such facility.’’. courage all students to achieve. (4) Congress has the affirmative power By Mr. KENNEDY (for himself, Clearly, we must invest in better under section 8 of article I of the Constitu- teacher preparation, do all we can to tion and under section 5 of the 14th amend- Mr. DODD, and Mr. KERRY): ment to the Constitution to enact legislation S. 1209. A bill improving teacher ensure that all of our schools are fully to prohibit State interference with inter- preparation and recruitment; to the staffed with qualified teachers. We state commerce, liberty, or equal protection Committee on Labor and Human Re- must attract the best and the brightest of the laws. sources. new teachers to adequately prepare (b) PURPOSE.—The purpose of this section students to compete in the global mar- THE HIGHER EDUCATION ACT TITLE V is to establish, as a statutory matter, limita- ketplace. During the next decade, be- tions on the power of a State to restrict the REAUTHORIZATION ACT OF 1997 freedom of a woman to terminate a preg- Mr. KENNEDY. Mr. President, I am cause of rising student enrollment and nancy in order to achieve the same limita- honored to introduce President Clin- massive teacher retirement, the Nation tions as were provided, as a constitutional ton’s proposal for the reauthorization will need over 2 million new teachers. matter, under the strict scrutiny standard of of title V of the Higher Education Act. But teacher preparation programs are review enunciated in the Roe v. Wade deci- The goal of this important legislation currently producing between 100,000 sion and applied in subsequent cases from is to improve the quality of teacher and 150,000 new teachers a year, leaving 1973 through 1988. the system with an annual deficit of at (c) DEFINITION.—As used in this section, preparation programs and to bring the term ‘‘State’’ includes the District of Co- more qualified teachers into America’s least 50,000 teachers, particularly in lumbia, the Commonwealth of Puerto Rico, classrooms, particularly in the areas of underserved, high-poverty schools. and each other territory or possession of the highest need. The Federal Government, through United States. Investing in teachers is an invest- the Eisenhower Professional Develop- (d) GENERAL AUTHORITY.—A State— ment Program, already invests in up- (1) may not restrict the freedom of a ment in the Nation’s children and its woman to choose whether or not to termi- future. The Nation is clearly com- grading the skills of current teachers, nate a pregnancy before fetal viability; mitted to the highest quality training but the investment is far from suffi- (2) may restrict the freedom of a woman to for our doctors, engineers, and attor- cient. In addition, we must invest in choose whether or not to terminate a preg- neys, both in their initial training and the front end of teacher training, to en- nancy after fetal viability unless such a ter- in subsequent professional develop- sure that the Nation’s children are mination is necessary to preserve the life or ment opportunities. President Clinton taught by highly qualified, well in- health of the woman; and is right to ask us to make that same formed teachers. The President’s pro- (3) may impose requirements on the per- posal will help improve teacher prepa- formance of abortion procedures if such re- commitment to the training of teach- quirements are medically necessary to pro- ers who are charged with educating the ration and bring well-qualified teach- tect the health of women undergoing such Nation’s most precious resource—our ers into more classrooms. procedures. children. Not since the Teacher Corps The legislation addresses these issues (e) RULES OF CONSTRUCTION.—Nothing in initiatives of the 1970’s has the Federal by encouraging strong partnerships this section shall be construed to— Government given such high priority among institutions of higher education (1) prevent a State from protecting unwill- to teaching and teachers. Through in- with exemplary teacher preparation ing individuals or private health care insti- tutions from being required to participate in action, the Nation has tacitly con- programs, other institutions that want the performance of abortions to which the doned low standards in too many to improve their programs, and the individuals or institutions are conscien- schools, particularly in urban and rural school districts that they serve. The tiously opposed; areas. Through inaction, we have left program would be authorized at $67

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9796 CONGRESSIONAL RECORD — SENATE September 23, 1997 million for fiscal year 1999. A Light- Sec. 527. Duration and amount of assist- strengthening connections to parents and house Partnership Program will iden- ance; relation to other assist- communities, teachers from diverse racial tify lead institutions from the variety ance. and ethnic groups, and those with disabil- of successful teacher preparation pro- Sec. 528. Scholarship conditions. ities, enhance the quality of American edu- Sec. 529. Service requirements. cation. Yet today, while one-third of Amer- grams that now exist. These programs Sec. 530. Evaluation. ican students are members of minority provide aspiring teachers with the new- Sec. 531. National activities. groups, members of racial and ethnic minor- est information about the best class- ‘‘TITLE V—EDUCATOR RECRUITMENT, ity groups make up only 13 percent of the room practices, and give them the con- PREPARATION, AND INDUCTION teaching force and nearly half the school dis- crete clinical experiences they need to ‘‘FINDINGS tricts in the Nation have no minority teach- ers. In addition, few individuals with disabil- develop the skills to help students ‘‘SEC. 501. The Congress finds as follows: ities are teaching in American classrooms. achieve high standards. ‘‘(1) What teachers know and can do has a ‘‘(8) The Federal Government, by itself, critical impact on student achievement, yet State and local education agencies, cannot ensure needed improvements in too often prospective teachers are not re- community colleges, and other profes- teacher preparation or solve the problem of ceiving the initial preparation they need in sional groups will participate as part- teacher shortages. However, the Government order to teach children from diverse back- ner institutions. The lead institutions can make limited, targeted investments grounds to challenging standards. that— will demonstrate their strength in cut- ‘‘(2) A number of elementary and sec- ting-edge, clinically based teacher ‘‘(A) encourage more institutions of higher ondary schools throughout the United States education that operate teacher preparation preparation and course content. They are implementing educational reform strate- must also demonstrate that they are programs, working in partnership with local gies that are research-based, have records of educational agencies and States, to adopt committed to strong ongoing coopera- demonstrated effectiveness in enabling stu- the practices and strategies of the best pro- tion with school districts that serve dents to achieve to high State or local stand- grams; needy families in rural and urban ards, are replicable in diverse and chal- ‘‘(B) encourage a more diverse mix of America. lenging circumstances, and are supported by Americans to enter teaching and complete A second major part of the Presi- networks of researchers and experienced high-quality preparation programs; and practitioners. Yet preparation to implement dent’s proposal focuses on recruiting ‘‘(C) encourage more Americans to serve as these strategies is not generally a central teachers in underserved communities. the best and the brightest teachers to component of initial teacher preparation. ‘‘PURPOSE serve in needy school districts. It sup- ‘‘(3) Institutions of higher education that ports partnerships between teacher provide teachers for urban and rural schools ‘‘SEC. 502. The purpose of this title is to help meet the national need to recruit, pre- preparation institutions and local edu- that enroll concentrations of children from low-income families often have the greatest pare, and retain a high-quality and diverse cation agencies that provide scholar- supply of elementary and secondary edu- ships and other assistance to students need to restructure their teacher preparation programs because the teachers they graduate cation teachers, and to help meet the needs who complete teacher preparation pro- will face the greatest classroom challenges. of schools in urban and rural areas with con- grams and agree to teach in targeted ‘‘(4) Improvement of teacher preparation in centrations of children from low-income underserved areas for at least 3 years. mathematics and reading represents a par- families, by— ‘‘(1) authorizing support for partnerships President Clinton’s proposal is far- ticular challenge for American education. among institutions of higher education that reaching, and it discusses broad bipar- For example, most future elementary and operate exemplary teacher preparation pro- middle-school mathematics teachers take no tisan support. The United States is in grams, other institutions of higher education more than one or two college-level mathe- urgent need of creating and maintain- seeking to improve their programs, public el- matics courses, and these courses are not de- ing a stronger supply of world-class ementary and secondary schools, and States, signed for prospective teachers and do not in order to improve the quality of the initial teachers. These wise investments will cover the mathematics content that elemen- preparation of teachers for high-poverty provide high-quality opportunities tary and middle-school teachers should teach communities; today to the teachers who will be to enable students to meet challenging ‘‘(2) authorizing support for partnerships teaching the Nation’s children tomor- mathematics standards. In reading, most to increase the number and diversity of stu- teacher preparation programs have not in- row. I look forward to working with dents who enter teacher education programs corporated the large body of research on ef- my colleagues on both sides of the aisle and complete high-quality preparation pro- fective reading instruction. to enact this major teacher recruit- grams, and to increase the quality of teach- ‘‘(5) If current trends continue, American ment and training proposal. ing in underserved urban and rural commu- schools will need to hire more than two mil- nities; and Mr. President, I ask unanimous con- lion teachers in the next decade to educate sent that the text of the bill be printed ‘‘(3) encouraging, through such partner- an increasing number of students and to re- ships, the creation of a more diverse teach- in the RECORD. place current teachers who will retire or ing force, through the recruitment and prep- There being no objection, the bill was leave the profession. High-poverty urban and aration of minority individuals, including ordered to be printed in the RECORD, as rural schools will experience the most severe language minority individuals, and individ- follows: teacher shortages. Of the more than two mil- uals with disabilities, to enter teaching. lion teachers needed, approximately 15 per- S. 1209 cent, or 345,000, will be needed in central cit- ‘‘AUTHORIZATION OF APPROPRIATIONS Be it enacted by the Senate and House of Rep- ies, in schools with large concentrations of ‘‘SEC. 503. (a) AUTHORIZATION FOR PARTS A resentatives of the United States of America in low-income students. An additional 207,000 AND B.—There are authorized to be appro- Congress assembled, teachers will be needed in isolated, and often priated— TITLE V—EDUCATOR RECRUITMENT, poor, rural areas. Recent trends in the num- ‘‘(1) $30,000,000 for fiscal year 1999 and such PREPARATION, AND INDUCTION ber of people preparing to enter teaching in- sums as may be necessary for each of the four succeeding fiscal years to carry out the Sec. 501. Findings. dicate that the normal operation of the labor program of Lighthouse Partnerships under Sec. 502. Purpose. market, by itself, will not produce the num- part A; and Sec. 503. Authorization of appropriations. ber of qualified teachers schools will need. ‘‘(6) Schools are already having trouble re- ‘‘(2) $37,000,000 for fiscal year 1999 and such PART A—LIGHTHOUSE PARTNERSHIPS cruiting qualified teachers. Nearly three- sums as may be necessary for each of the Sec. 511. Definitions. quarters of physical science students and four succeeding fiscal years to carry out the Sec. 512. Grants to Lighthouse Partner- one-third of English students in high-poverty program of Recruiting New Teachers for Un- ships. schools take classes with teachers who lack derserved Areas under part B. ‘‘(b) TRANSITION.—Notwithstanding any Sec. 513. Preapplications and applications. even a college minor in their field. The Na- other provision of law, the Secretary may Sec. 514. Uses of funds. tional Commission on Teaching and Amer- use funds appropriated under subsection (a) Sec. 515. Selection of applications. ica’s Future found that 50,000 uncertified in- to make continuation awards for projects Sec. 516. Evaluation. dividuals annually enter teaching because Sec. 517. National activities. that were funded under subpart 2 of part E of schools, frequently those in urban and rural title V of this Act, as in effect prior to enact- PART B—RECRUITING NEW TEACHERS FOR areas with large concentrations of children ment of [inset name of reauthorization Act]. UNDERSERVED AREAS from low-income families, cannot find all the Sec. 521. Program authorized. certified teachers they need. ‘‘PART A—LIGHTHOUSE PARTNERSHIPS Sec. 522. Definitions. ‘‘(7) Teaching excellence and diversity are ‘‘DEFINTIONS Sec. 523. Grant conditions. inextricably connected. By bringing distinc- ‘‘SEC. 511. As used in this part, the fol- Sec. 524. Grant applications. tive life experiences and perspectives into lowing terms have the following meanings: Sec. 525. Uses of funds. the classroom, enriching the instructional ‘‘(1)(A) The term ‘lead institution’ means Sec. 526. Selection of applicants. curriculum and the school climate, and an institution of higher education that—

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9797 ‘‘(i) operates an exemplary teacher prepa- and containing such information as the Sec- school principals and other school adminis- ration program of significant size in one or retary may require. trators, and of the success of that program; more areas of teacher preparation, which ‘‘(c) CONTENTS.—Each application shall in- and may include the preparation of principals clude— ‘‘(N) involvement and leadership of the in- and other educational administrators; ‘‘(1) a description of the teacher prepara- stitution in national, regional, and State ef- ‘‘(ii) desires to assist other institutions of tion program operated by the lead institu- forts to improve teacher education and licen- higher education in improving their pro- tion, including information on the cur- sure; grams and to serve as a national model for riculum, the faculty, and the number and ‘‘(3) evidence of the extent to which— effective teacher preparation; and characteristics of students served; ‘‘(A) graduates have taken teaching posi- ‘‘(iii) places a significant percentage of its ‘‘(2) evidence of the quality of the institu- tions in urban and rural schools in commu- teacher preparation graduates in teaching tion’s teacher preparation program, cov- nities with concentrations of students from positions in urban and rural communities ering— low-income families; and with concentrations of children from low-in- ‘‘(A) the extent to which the institution ‘‘(B) the institution recruits and serves come families. provides a coherent program that— students (such as education paraprofes- ‘‘(B) A lead institution may participate in ‘‘(i) reflects the best of what is known, sionals) from those communities; a consortium with one or more two-year col- from research and practice; ‘‘(4) evidence of the experience of the lead ‘‘(ii) prepares teachers to implement re- leges with which it has articulation agree- institution in creating or participating in search-based instructional programs of dem- ments relating to teacher preparation. networks with other institutions to improve onstrated effectiveness and to teach their ‘‘(2) The term ‘lighthouse partnership’ the quality of teacher preparation programs; students, particularly those in high-poverty means a partnership of a lead institution, ‘‘(5) a description of how the partnership schools, to high State and local content partner institutions, and State and local will operate a program under this part, in- standards; and educational agencies, that is dedicated to cluding— ‘‘(iii) reflects high standards for teaching, improving the quality of teacher preparation ‘‘(A) a description of the governance struc- such as the standards of the National Board programs. Within each partnership, the lead ture that the partnership will establish for Professional Teaching Standards, and for institution shall act as the fiscal agent for (through a written partnership agreement) teacher education; for the grant, which shall include the active the grant. ‘‘(B) the commitment of the institution to involvement of high-level administrators of ‘‘(3) The term ‘local educational agency’ its program of teacher preparation; has the meaning given that term in section ‘‘(C) the connections between the institu- the lead institution and representatives of— 14101(18) of the Elementary and Secondary tion’s teacher preparation program and its ‘‘(i) both the teacher preparation program Education Act of 1965. departments or schools of arts and sciences, and the school or department of arts and ‘‘(4) The term ‘partner institution’ means to ensure the integration of pedagogy and sciences in the lead institution; ‘‘(ii) the partner institutions involved with an institution of higher education that— content in teacher preparation; ‘‘(A) prepares teachers for their initial ‘‘(D) the extent to which the institution the grant; entry into the teaching profession; operates a clinically based teacher prepara- ‘‘(iii) local educational agencies (including ‘‘(B) desires to improve its program with tion program, particularly in high-poverty teachers and other school-level officials) assistance from a lead institution; and schools, through which prospective teachers served by the lead institution and one or ‘‘(C) prepares teachers for teaching posi- participate in intensive, structured clinical more of the partner institutions; and ‘‘(iv) State officials with authority over tions in urban and rural communities with experiences, with extensive faculty involve- teacher licensure and teacher preparation in concentrations of children from low-income ment, throughout their preservice education, the States in which the lead institution and families. and the extent to which those experiences one or more of the partner institutions are ‘‘(5) The term ‘teacher preparation pro- are integrated into the curriculum; gram’ means a program operated by an insti- ‘‘(E) the extent to which the institution’s located; tution of higher education that prepares stu- program offers continuous assistance to its ‘‘(B) a description of how the partnership dents to obtain initial teacher licensure and graduates during their initial years in the will fully engage local educational agencies to teach in elementary and second schools. classroom; in the activities carried out under the grant, Such a program may also prepare students ‘‘(F) the extent to which the institution’s including how the partnership will use grant to become preschool teachers if the institu- program meets the needs of, and has strong funds to address the teacher training needs tion serves a State or school districts in connections with, elementary and secondary of the local educational agencies that are which preschool education is provided as education (particularly with urban and rural members of the partnership, consistent with free, public education. schools and school systems that serve con- section 514; ‘‘GRANTS TO LIGHTHOUSE PARTNERSHIPS centrations of students from low-income ‘‘(C) a description of how the activities un- dertaken with the grant will support, and be ‘‘SEC. 512. (a) GRANTS AUTHORIZED.—(1) families and with the education reforms integrated with, the educational reforms From funds appropriated under section under way in the institution’s State), which under way in the States of the lead and the 503(a)(1) for this part for each fiscal year, the may include the involvement of elementary partner institutions, including a description Secretary shall make competitive grants to and secondary educators in the continuing of plans for coordinating activities carried lighthouse partnerships. development, improvement, and implemen- out under the grant with activities carried ‘‘(2) Each grant under paragraph (1) shall tation of the teacher preparation program; out under other Federal or State profes- be for a period not to exceed five years. ‘‘(G) the success of the institution in pre- sional development programs or activities ‘‘(3) The Secretary shall— paring teachers to teach individuals from di- ‘‘(A) make continuation awards, for the verse populations effectively; designed to improve pre-service and in-serv- second and succeeding years, only after de- ‘‘(H) the extent to which the institution is ice teacher training; and ‘‘(D) a description of— termining that the partnership is making preparing teachers to use technology to ‘‘(i) the measurable goals the partnership satisfactory progress in carrying out the teach children to high standards; expects to achieve through the grant, includ- grant; and ‘‘(I) the record of the institution’s teacher ing— ‘‘(B) conduct an intensive review of the preparation program in attracting and grad- ‘‘(I) goals for improvements in the teacher partnership’s progress, with the assistance of uating a diverse student body (including the preparation programs of the partner institu- outside experts, before making the continu- recruitment and enrollment of individuals tions; ation award for the fourth year of the grant. with disabilities); ‘‘(II) goals for improvements in the qual- ‘‘(b) LIMITATION.—No partnership may re- ‘‘(J) the procedures the institution uses to ity, and increases in the number, of the grad- ceive more than two grants under this part. measure the quality of its teacher prepara- tion program (including the extent to which uates of teacher preparation programs oper- ‘‘PREAPPLICATIONS AND APPLICATIONS graduates improve their subject matter ated by members of the partnership who ‘‘SEC. 513. (a) PREAPPLICATIONS.—Each lead knowledge and teaching ability as a result of take teaching positions in high-poverty institution that wishes to participate in a their participation in the program) and to schools of the local educational agencies in lighthouse partnership that will apply for a improve its program, using information gen- the partnership; grant under this part shall submit a erated through those procedures; ‘‘(III) goals for meeting the teacher prepa- preapplication to the Secretary at such time, ‘‘(K) the success of the program in grad- ration needs of the local educational agen- in such manner, and containing such infor- uating students who are fully qualified to cies in the partnership, in order to improve mation as the Secretary may require, except teach to high standards in the State or re- student achievement; and that the lead institution need not identify gion served by the institution; ‘‘(IV) such other goals, consistent with the the other members of the partnership until ‘‘(L) the quality of the program’s grad- purposes of this part, as the partnership may it submits an application under subsection uates, as documented through such evidence select; (b). The Secretary shall use a peer review as the graduates’ record of obtaining (and re- ‘‘(ii) how the partnership will achieve the process to review these preapplications. taining) teaching positions and the opinions goal of increased diversity among its teacher ‘‘(b) APPLICATIONS REQUIRED.—Any light- of school district officials, in the State or re- preparation graduates; and house partnership desiring to receive a grant gion, of the quality of those graduates; ‘‘(iii) how the partnership will determine under this part shall submit an application ‘‘(M) if applicable, the quality of the insti- whether it is meeting the goals described in to the Secretary at such time, in such form, tution’s program for the preparation of clauses (i) and (ii); and

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9798 CONGRESSIONAL RECORD — SENATE September 23, 1997 ‘‘(6) a description of the partnership’s plan ‘‘(3) the capacity of the lead institution nerships and other institutions, agencies, for institutionalizing the activities it is car- and its partners to carry out the proposed and individuals, including recipients of funds rying out under this part, so that those ac- activities successfully. under part B of this title, who are interested tivities will continue once Federal funding ‘‘(b) CRITERIA.—(1) In selecting grantees in the improvement of teacher preparation ceases. under this part, the Secretary shall seek to and parallel improvements in principal and ‘‘USES OF FUNDS ensure that— administrator preparation; and ‘‘SEC. 514. (a) REQUIRED ACTIVITIES.—In ‘‘(A) lighthouse partnerships represent a ‘‘(4) technical assistance and other activi- order to increase the quality and number of variety of approaches to teacher preparation; ties to enhance the success of the program teachers it is preparing for positions in ‘‘(B) lead institutions represent a variety carried out under this part or of teacher edu- urban and rural areas with concentrations of of institutions of higher education; and cation more generally. ‘‘(C) there is an equitable geographic dis- low-income families, and to increase the di- ‘‘PART B—RECRUITING NEW TEACHERS FOR tribution of awards. versity of elementary and secondary teach- UNDERSERVED AREAS ers, each partnership selected to receive a ‘‘(2) In addition to complying with para- ‘‘PROGRAM AUTHORIZED grant under this part shall use the grant graph (1), the Secretary shall give special funds for each of the following purposes: consideration to applications for— ‘‘SEC. 521. From funds appropriated to ‘‘(1) Further development, refinement, as- ‘‘(A) projects that are likely to have the carry out this part under section 503(a)(2) for sessment of, and dissemination of informa- most significant impact on the quality of each fiscal year, the Secretary shall make tion on, the teacher preparation programs teaching in high-poverty urban and rural competitive grants to eligible applicants for operated by the lead institution, including schools; programs that— activities that document, for other institu- ‘‘(B) projects that are likely to result in ‘‘(1) provide scholarships and, as necessary, tions nationally and for policymakers, effec- improvement of teacher preparation in the support services for students with high po- tive practices in teacher preparation and areas of mathematics and reading; and tential to become effective teachers, particu- that produce curricular and other materials ‘‘(C) projects that are likely to prepare a larly minority students, including language for use by other institutions preparing significant number of minority individuals, minority students, and students with disabil- teachers. including language minority individuals, and ities, seeking to complete teacher prepara- ‘‘(2) Technical assistance by the lead insti- individuals with disabilities to be effective tion programs; tution to the partner institutions in improv- teachers. ‘‘(2) increase the quality and number of ing the partner institutions’ teacher prepa- ‘‘(c) SECOND FIVE-YEAR GRANTS.—In select- new teachers nationally; and ration programs (and, if applicable, their ing grantees to receive second grants under ‘‘(3) increase the ability of schools in un- principal and other administrator prepara- this part, the Secretary shall give a pref- derserved areas to recruit a qualified teach- tion programs), based on the experience of erence to applicants whose projects have re- ing staff. the lead institution and the particular needs sulted in— ‘‘DEFINITIONS of the partners. ‘‘(1) the placement and retention of a sub- ‘‘(3) Making subgrants to the partner insti- stantial number of high-quality graduates in ‘‘SEC. 522. As used in this part, the fol- tutions for implementation of program im- teaching positions in underserved, high-pov- lowing terms have the following meanings: provements at those institutions, through erty schools; ‘‘(1)(A) The term ‘eligible applicant’ means adoption or adaptation of the teacher prepa- ‘‘(2) the adoption of effective teacher prep- a partnership of— ration practices of the lead institution, to aration programs, particularly those meet- ‘‘(i) an institution of higher education that meet the needs of the high-poverty schools ing the needs of high-poverty urban and grants baccalaureate degrees and prepares in the urban and rural communities they rural ares, by the partner institutions; and teachers for their initial entry into the serve. Each partnership shall use at least 40 ‘‘(3) effective partnerships with elementary teaching profession; and percent of its grant for this purpose. and secondary schools that are supporting ‘‘(ii) one or more local educational agen- ‘‘(4) Joint activities with the local edu- improvements in student achievement. cies that are in underserved areas. cational agencies in the partnership, and ‘‘EVALUATION ‘‘(B) Such a partnership may also include— with other local educational agencies, that ‘‘(i) two-year colleges that operate teacher ‘‘SEC. 516. The Secretary shall provide for increase the involvement of classroom teach- an evaluation of the program carried out preparation programs and maintain articula- ers and school administrators in the design under this part, including an assessment of tion agreements, with the baccalaureate- and implementation of teacher preparation such issues as— granting institution, for the transfer of cred- programs operated by the lead and partner ‘‘(1) the extent to which the activities car- its in teacher preparation; institutions (and thereby make those pro- ried out through Lighthouse Partnership ‘‘(ii) State agencies that have responsi- grams more responsive to the needs of teach- grants result in significant and positive bility for policies related to teacher prepara- ers and administrators), and other activities changes in the teacher preparation programs tion and licensure; and to improve teaching and administration, and operated by partner institutions, as well as ‘‘(iii) other public and private, nonprofit to support new teachers, in the high-poverty improvements in the programs operated by agencies and organizations that serve, or are schools of those local educational agencies. lead institutions, that are likely to lead to located in, communities served by the local ‘‘(5) Cooperation and interaction with educational agencies in the partnership, and other lighthouse partnerships and with other improvements in teaching and learning; ‘‘(2) the extent to which lighthouse Part- that have an interest in teacher recruitment, institutions, organizations, and public agen- nership grants enhance the effectiveness, in- preparation, and induction. cies, on activities aimed at the improvement cluding the technological proficiency, and ‘‘(2) The term ‘local educational agency’ of teacher preparation nationally, including the diversity, of students completing teacher has the meaning given that term in section improvement of teacher licensure and re- preparation programs in the institutions of 14101(18) of the Elementary and Secondary licensure requirements. higher education participating in the grants; Education Act of 1965. ‘‘(6) Assessment of the effectiveness of the ‘‘(3) The term ‘support service’ includes— activities carried out under the grant, in- and ‘‘(3) the involvement of elementary and ‘‘(A) academic advice and counseling; cluding the extent to which the partnership ‘‘(B) tutorial services; is achieving its goals under section secondary schools and school districts serv- ing concentrations of children from low-in- ‘‘(C) mentoring; and 513(c)(5)(D). ‘‘(D) child care and transportation, if fund- ‘‘(b) OPTIONAL ACTIVITIES.—Each partner- come families in the activities carried out ing for those services cannot be arranged ship selected to receive a grant under this under this part, and the extent to which from other sources; and part may also use the grant funds for joint those activities result in benefits to those ‘‘(4) The term ‘underserved area’ means— activities with States that promote the de- schools and districts, including information ‘‘(A) the three local educational agencies velopment and implementation of State poli- on the extent to which involvement in the in the State that have the highest numbers cies to facilitate the improvement of teacher grants improves the instructional programs of children, ages 5 through 17, from families preparation programs (and, if applicable, and the educational outcomes for students in below the poverty level (based on data satis- principal and other administrator prepara- those schools and districts. factory to the Secretary); and tion programs) within the States, as a com- ‘‘NATIONAL ACTIVITIES ‘‘(B) any other local educational agency in ponent of comprehensive education reforms. ‘‘SEC. 517. The Secretary may reserve up to which the percentage of such children is at ‘‘SELECTION OF APPLICATIONS 5 percent of the funds appropriated to carry least 20 percent, or the number of such chil- ‘‘SEC. 515. (a) PEER REVIEW.—The Secretary out this part for any fiscal year for— dren is at least 10,000. shall, using a peer review process, select ap- ‘‘(1) peer review of applications; ‘‘GRANT CONDITIONS plicants to receive grants under this part on ‘‘(2) evaluation of the program under sec- the basis of— tion 516, and measurement of its effective- ‘‘SEC. 523. (a) GRANTS AUTHORIZED.—(1)(A) ‘‘(1) the quality of the teacher preparation ness in accordance with the Government The Secretary shall carry out this part by program operated by the lead institution in Performance and Results Act of 1993; making competitive grants to eligible appli- a proposed partnership; ‘‘(3) conferences and networks of light- cants. ‘‘(2) the quality of the partnership’s plan house partnerships, and other entities, in ‘‘(B) Each grant under subparagraph (A) for carrying out activities under the grant; order to facilitate the exchange of informa- shall be for a period not to exceed five years. and tion and ideas among the participating part- ‘‘(2) The Secretary shall—

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9799 ‘‘(A) make continuation awards, for the ‘‘(A) the recruitment and outreach efforts the implementation of a grant under section second and succeeding years, only after de- the applicant will undertake to publicize the 523(a). termining that the grantee is making satis- availability of scholarships and other assist- ‘‘SELECTION OF APPLICANTS factory progress in carrying out the grant; ance under the program; ‘‘SEC. 526. (a) PEER REVIEW.—The Sec- and ‘‘(B)(i) the number and types of students retary, using a peer review process, shall se- ‘‘(B) conduct an intensive review of the that the applicant will serve under the pro- lect applicants to receive funding under this grantee’s progress, with the assistance of gram, which may include education para- part on the basis of— outside experts, before making the award for professionals seeking to achieve full teacher ‘‘(1) the quality of the teacher preparation the fourth year of the grant. certification; teachers whom the partner program offered by the institution; ‘‘(3) No partnership may receive more than local educational agencies have hired under ‘‘(2) the quality of the program that would two grants under this subsection. ‘emergency certification’ procedures; or be carried out under the application; and ‘‘(b) MATCHING REQUIREMENT.—(1) The Fed- former military personnel, mid-career pro- ‘‘(3) the capacity of the partnership to eral share of the cost of activities carried fessionals, or AmeriCorps or Peace Corps vol- carry out the grant successfully. out under a grant made under subsection (a) unteers, who desire to enter teaching; and ‘‘(b) CRITERIA.—(1) making selections, the shall not exceed— ‘‘(ii) the criteria that the applicant will Secretary shall seek to ensure that— ‘‘(A) 90 percent of the cost in the first year use in selecting those students, including ‘‘(A) in the aggregate, grantees carry out a of the grant; criteria to determine whether individuals ‘‘(B) 80 percent in the second year; variety of approaches to preparing new have the capacity to benefit from the pro- ‘‘(C) 70 percent in the third year; teachers; and gram, complete teacher certification re- ‘‘(D) 60 percent in the fourth year; and ‘‘(B) there is an equitable geographic dis- quirements, and become effective teachers; ‘‘(E) 50 percent in the fifth year and any tribution of awards. ‘‘(C) the activities the applicant will carry succeeding year (including each year of the ‘‘(2) In addition to complying with para- out under the grant, including a description second grant, if any). graph (1), the Secretary shall give special of, and justification for, any support services ‘‘(2) The non-Federal share of activities consideration to— the institution will offer to participating carried out with a grant under subsection (a) ‘‘(A) applications most likely to result in students; may be provided in cash or in kind, fairly the preparation of increased numbers of indi- ‘‘(D) the number and funding range of the evaluated, and may be obtained from any viduals with high potential for effective scholarships the institution will provide to non-Federal public or private source. teaching who are minority individuals, in- students; and ‘‘(c) PLANNING GRANTS.—(1) The Secretary cluding language minority individuals, and ‘‘(E) the procedures the institution will es- may make planning grants to eligible appli- individuals with disabilities; and tablish for entering into, and enforcing, cants that are not yet ready to implement ‘‘(B) applications from historically black agreements with scholarship recipients re- programs under subsection (a). colleges and universities, Hispanic-serving ‘‘(2) Each planning grant shall be for a pe- garding their fulfillment of the service com- institutions, and Tribal Colleges and Univer- riod of not more than one year, which shall mitment described in section 529; sities, as defined in title III of this Act. be in addition to the period of any grant ‘‘(5) a description of how the institution ‘‘(c) SECOND FIVE-YEAR GRANTS.—In select- under subsection (a). will use funds provided under the grant only ing grantees to receive second grants under ‘‘(3) Any recipient of a planning grant to increase the number of students with high this part, the Secretary shall give a pref- under this subsection that wishes to receive potential to be effective teachers, partici- erence to applicants whose projects have re- a grant under subsection (a)(1) shall sepa- pating in its teacher preparation programs, sulted in— rately apply for a competitive grant under or in the particular type or types of prepara- ‘‘(1) the placement and retention of a sub- that subsection. tion programs that the grant would support, stantial number of high-quality graduates in or to increase the number of their graduates ‘‘GRANT APPLICATIONS teaching positions in undeserved, high-pov- with high potential to be effective teachers ‘‘SEC. 524. (a) APPLICATIONS REQUIRED.— erty schools; who are minority individuals, including lan- Any eligible applicant desiring to receive a ‘‘(2) the adoption of effective programs guage minority individuals, or individuals grant under this part shall submit an appli- that meet the teacher preparation needs of with disabilities; cation at such time, in such form, and con- high-poverty urban and rural areas; and ‘‘(7) a description of commitments, by the taining such information as the Secretary ‘‘(3) effective partnerships with elementary partner local educational agencies, to hire may require. and secondary schools that are supporting qualified scholarship recipients in their ‘‘(b) APPLICATION CONTENTS.—Each applica- improvements in student achievement. tion for a grant under section 523(a) shall in- schools and in the subject areas or grade lev- ‘‘DURATION AND AMOUNT OF ASSISTANCE; clude— els for which the recipients will be trained, ‘‘(1) a designation of the institution or and description of the actions the grantee in- RELATION TO OTHER ASSISTANCE agency, within the partnership, that will stitution, the local educational agencies, and ‘‘SEC. 527. (a) DURATION OF ASSISTANCE.— serve as the fiscal agent for the grant; the other partners will take to facilitate the No individual may receive scholarship assist- ‘‘(2) information on the quality of the in- successful transition of those recipients into ance under this part— stitution’s teacher preparation program, teaching; and ‘‘(1) for more than five years of postsec- which may include the types of information ‘‘(8) a description of the applicant’s plan ondary education; and described in section 513(c)(2), and how the ap- for institutionalizing the activities it is car- ‘‘(2) unless that individual satisfies the re- plicant will ensure, through improvements rying out under this part, so that those ac- quirements of section 484(a)(5) of this Act. in its teacher preparation practices or other tivities will continue once Federal funding ‘‘(b) AMOUNT OF ASSISTANCE.—No indi- appropriate strategies, that scholarship re- ceases. vidual may receive an award under this pro- cipients will receive high-quality prepara- ‘‘USES OF FUNDS gram that exceeds the cost of attendance, as tion; defined in section 472 of this Act, at the in- ‘‘(3) a description of the assessment the in- ‘‘SEC. 525. IN GENERAL.—Each grantee stitution the individual is attending. under section 523 (a) shall use the grant stitution, the local educational agency part- ‘‘(c) RELATION TO OTHER ASSISTANCE.—A ners, and other partners have undertaken— funds for the following: scholarship awarded under this part— ‘‘(A) to determine— ‘‘(1) Scholarships to help students pay the ‘‘(1) shall not be reduced on the basis of the ‘‘(i) the most critical needs of the local costs of tuition, room, board, and other ex- individual’s receipt of other forms of Federal educational agencies, particularly the needs penses of completing a teacher preparation student financial assistance; and of schools in high-poverty areas, for new program. ‘‘(2) shall be regarded as other financial as- ‘‘(2) Support services, if needed to enable teachers (which may include teachers in par- sistance available to the student, within the scholarship recipients to complete postsec- ticular subject areas or at certain grade lev- meaning of sections 471(3) and 480(j)(1) of this ondary education programs. els, including the prekindergarten level, mi- Act, in determining the student’s eligibility ‘‘(3) Follow-up services provided to former nority teachers, and teachers who are dis- for grant, loan, or work assistance under schoalrship recipients during their first abled who will contribute to the diversity of title IV of this Act. the local educational agency’s teachers, or three years of teaching. ‘‘SCHOLARSHIP CONDITIONS teachers who are fluent in languages spoken ‘‘(4) Payments to partner local educational by students in the local educational agency); agencies, if needed to enable them to permit ‘‘SEC. 528. (a) IN GENERAL.—A recipient of a and paraprofessional staff to participate in scholarship under this part shall continue to ‘‘(ii) how the project carried out under the teacher preparation programs (such as the receive the assistance only as long as he or grant will address those needs; and cost of ‘release time’ for those staff). she is— ‘‘(B) that reflects the input of all signifi- ‘‘(5) If appropriate, and if no other funds ‘‘(1) enrolled as a full-time student and cant entities in the community (including are available, paying the costs of additional pursuing a course of study leading to teacher organizations representing teachers and par- courses taken by former scholarship recipi- certification, unless he or she is working in ents) that have an interest in teacher re- ents during their initial three years of teach- a public school (as a paraprofessional, or as cruitment, preparation, and induction; ing. a teacher under emergency credentials) ‘‘(4) a description of the project the appli- ‘‘(b) PLANNING GRANTS.—A recipient of a while participating in the program; and cant will carry out with the grant, including planning grant under section 523(c) shall use ‘‘(2) maintaining satisfactory progress as information on— the grant funds for the costs of planning for determined by the institution.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9800 CONGRESSIONAL RECORD — SENATE September 23, 1997 ‘‘(b) SPECIAL RULE.—Each grantee shall [Mr. BAUCUS], the Senator from Illinois S. 1169 modify the application of section 527(a)(1) [Mr. DURBIN], and the Senator from At the request of Mr. REED, the name and of subsection (a)(1) of this section to the Montana [Mr. BURNS] were added as co- of the Senator from New York [Mr. extent necessary to accommodate the rights MOYNIHAN] was added as a cosponsor of of students with disabilities under section sponsors of S. 219, a bill to amend the 504 of the Rehabilitation Act of 1973. Trade Act of 1974 to establish proce- S. 1169, a bill to establish professional ‘‘SERVICE REQUIREMENTS dures for identifying countries that development partnerships to improve the quality of America’s teachers and ‘‘SEC. 529. (a) REQUIREMENT.—Each partner- deny market access for value-added ag- ship receiving a grant under this part shall ricultural products of the United the academic achievement of students enter into an agreement, with each student States. in the classroom, and for other pur- to whom it awards a scholarship under this S. 449 poses. part, providing that a scholarship recipient At the request of Mr. KYL, the name S. 1182 who completes a teacher preparation pro- of the Senator from South Dakota [Mr. At the request of Ms. SNOWE, the gram under this part shall, within five years name of the Senator from Washington of completing that program, teach full-time JOHNSON] was added as a cosponsor of for at least three years in a high-poverty S. 449, a bill to prohibit the restriction [Mr. GORTON] was added as a cosponsor school in an underserved geographic area or of certain types of medical communica- of S. 1182, a bill to amend the Congres- repay the amount of the scholarship, under tions between a health care provider sional Budget and Impoundment Con- the terms and conditions established by the and a patient. trol Act of 1974 to limit consideration Secretary. S. 512 of nonemergency matters in emergency ‘‘(b) REGULATIONS.—The Secretary shall legislation and permit matter that is prescribe regulations relating to the require- At the request of Mr. FAIRCLOTH, his ments of subsection (a), including any provi- name was added as a cosponsor of S. extraneous to emergencies to be strick- sions for waiver of those requirements. 512, a bill to amend chapter 47 of title en as provided in the Byrd rule. ‘‘EVALUATION 18, United States Code, relating to S. 1192 ‘‘SEC. 530. The Secretary shall provide for identity fraud, and for other purposes. At the request of Ms. SNOWE, the an evaluation of the program carried out names of the Senator from Rhode Is- S. 755 under this part, which shall assess such land [Mr. CHAFEE], and the Senator At the request of Mr. CAMPBELL, the issues as— from Maine [Ms. COLLINS] were added ‘‘(1) whether institutions taking part in names of the Senator from Iowa [Mr. as cosponsors of S. 1192, a bill to limit the partnerships are successful in preparing GRASSLEY], the Senator from Kansas scholarship recipients to teach to high State the size of vessels permitted to fish for [Mr. BROWNBACK], the Senator from Ar- Atlantic mackerel or herring, to the and local standards; kansas [Mr. HUTCHINSON], the Senator ‘‘(2) whether scholarship recipients are suc- size permitted under the appropriate from Iowa [Mr. HARKIN], the Senator cessful in completing teacher preparation fishery management plan. from Montana [Mr. BURNS], and the programs, becoming fully certified teachers, S. 1194 and obtaining teaching positions in under- Senator from North Dakota [Mr. CON- At the request of Mr. KYL, the names served areas, and whether they continue RAD] were added as cosponsors of S. 755, teaching in those areas over a period of a bill to amend title 10, United States of the Senator from Alaska [Mr. MUR- years; Code, to restore the provisions of chap- KOWSKI], the Senator from South Caro- ‘‘(3) the national impact of the program in ter 76 of that title (relating to missing lina [Mr. HOLLINGS], the Senator from assisting local educational agencies in un- Indiana [Mr. COATS], the Senator from derserved areas to recruit, prepare, and re- persons) as in effect before the amend- ments made by the National Defense North Carolina [Mr. FAIRCLOTH], and tain diverse, high-quality teachers in the the Senator from Florida [Mr. MACK] areas in which they have the greatest needs; Authorization Act for fiscal year 1997 ‘‘(4) the long-term impact of the grants on and to make other improvements to were added as cosponsors of S. 1194, a teacher preparation programs conducted by that chapter. bill to amend title XVIII of the Social grantees and on grantees’ relationships with Security Act to clarify the right of S. 778 their partner local educational agencies and medicare beneficiaries to enter into other partners; and At the request of Mr. LUGAR, the private contracts with physicians and ‘‘(5) the relative effectiveness of different names of the Senator from Mississippi other health care professionals for the approaches for preparing new teachers to [Mr. COCHRAN] and the Senator from teach in underserved areas, including their provision of health services for which Connecticut [Mr. LIEBERMAN] were no payment is sought under the medi- effectiveness in preparing new teachers to added as cosponsors of S. 778, a bill to teach to high content and performance care program. authorize a new trade and investment standards. SENATE CONCURRENT RESOLUTION 51 policy for sub-Saharan Africa. ‘‘NATIONAL ACTIVITIES At the request of Mr. HELMS, the ‘‘SEC. 531. The Secretary may retain up to S. 887 names of the Senator from Oregon [Mr. five percent of the funds appropriated for At the request of Ms. MOSELEY- SMITH], the Senator from Minnesota this part for any fiscal year for— BRAUN, the name of the Senator from [Mr. WELLSTONE], and the Senator from ‘‘(1) peer review of applications; New York [Mr. D’AMATO] was added as Virginia [Mr. ROBB] were added as co- ‘‘(2) conducting the evaluation required a cosponsor of S. 887, a bill to establish under section 530; and sponsors of Senate Concurrent Resolu- ‘‘(3) technical assistance and other activi- in the National Service the National tion 51, a concurrent resolution ex- ties to facilitate the exchange of information Underground Railroad Network to pressing the sense of Congress regard- and ideas among participating partnerships, Freedom Program, and for other pur- ing elections for the legislature of the and other activities to enhance the success poses. Hong Kong Special Administrative Re- of the program carried out under this part.’’. S. 1135 gion. f At the request of Mr. MCCONNELL, SENATE RESOLUTION 119 ADDITIONAL COSPONSORS the name of the Senator from North At the request of Mr. FEINGOLD, the S. 61 Carolina [Mr. HELMS] was added as a names of the Senator from South Da- At the request of Mr. LOTT, the cosponsor of S. 1135, a bill to provide kota [Mr. DASCHLE], and the Senator names of the Senator from Kansas [Mr. certain immunities from civil liability from Maine [Ms. COLLINS] were added BROWNBACK] and the Senator from Iowa for trade and professional associations, as cosponsors of Senate Resolution 119, [Mr. GRASSLEY] were added as cospon- and for other purposes. a resolution to express the sense of the sors of S. 61, a bill to amend title 46, S. 1154 Senate that the Secretary of Agri- United States Code, to extend eligi- At the request of Mr. REED, the name culture should establish a temporary bility for veterans’ burial benefits, fu- of the Senator from Connecticut [Mr. emergency minimum milk price that is neral benefits, and related benefits for DODD] was added as a cosponsor of S. equitable to all producers nationwide veterans of certain service in the 1154, a bill to amend the Electronic and that provides price relief to eco- United States merchant marine during Fund Transfer Act to clarify consumer nomically distressed milk producers. World War II. liability for unauthorized transactions AMENDMENT NO. 1177 S. 219 involving debit cards that can be used At the request of Mr. REED the names At the request of Mr. DASCHLE, the like credit cards, and for other pur- of the Senator from Massachusetts names of the Senator from Montana poses. [Mr. KENNEDY], and the Senator from

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9801 New Mexico [Mr. BINGAMAN] were ADDITIONAL STATEMENTS gram. Premium insurance is issued to added as cosponsors of amendment No. air carriers flying commercial oper- 1177 proposed to S. 830, a bill to amend ations in foreign air commerce, or be- the Federal Food, Drug, and Cosmetic TRIBUTE TO THE UNIFORMED tween two or more points outside the Act and the Public Health Service Act SERVICES UNIVERSITY OF THE United States. Nonpremium insurance to improve the regulation of food, HEALTH SCIENCES UPON ITS is issued to air carriers flying missions drugs, devices, and biological products, 25TH ANNIVERSARY for Federal agencies, such as the De- and for other purposes. ∑ Ms. MIKULSKI. Mr. President, it is partments of Defense and State, that At the request of Mr. DURBIN his with great pride that I rise today to have indemnification agreements with name was added as a cosponsor of recognize the 25th Anniversary of the the Department of Transportation. Amendment No. 1177 proposed to S. 830, Uniformed Services University of the Nonpremium insurance accounts for 99 supra. Health Sciences [USUHS]. Over the percent of the aviation insurance pro- past 25 years, USUHS has provided an gram. AMENDMENT NO. 1182 invaluable service to our Armed Forces Both the premium and nonpremium At the request of Mr. HATCH the and to our Nation. insurance provides hull coverage for name of the Senator from Oregon [Mr. The founders of USUHS wanted to the loss of, or damage to aircraft. The WYDEN] was added as a cosponsor of create a medical school to produce insurance also provides liability cov- amendment No. 1182 proposed to S. 830, physicians who would remain on active erage for death or bodily injury, and a bill to amend the Federal Food, Drug, duty for a full career, ensuring the con- damage to property, baggage and per- and Cosmetic Act and the Public tinuity of lessons learned in the prac- sonal effects. Program coverage is lim- Health Service Act to improve the reg- tice of uniformed medicine. This con- ited to the amount of insurance that ulation of food, drugs, devices, and bio- cept has made USUHS a unique institu- an air carrier’s commercial policy logical products, and for other pur- tion which enables doctors to target would have provided. The program is poses. their skills to meet the changing de- self-financed through the aviation in- mands of the modern battlefield. surance revolving fund. f USUHS is essential to our military Reauthorization of the aviation in- mission because it ensures readiness. surance program is noncontroversial. Readiness doesn’t just mean supplying NOTICE OF HEARINGS The program enjoys the support of all our troops with the best equipment and of its participants. I want to note, how- COMMITTEE ON LABOR AND HUMAN RESOURCES training. It also means that we are ever, that my bill adds a new element ready to provide the best possible med- Mr. JEFFORDS. Mr. President, I to the program. It authorizes the Fed- ical care in the worst possible situa- would like to announce for information eral Aviation Administration [FAA] to tions. If we send our military to battle of the Senate and the public that a Ex- borrow money from the Federal treas- without skilled and experienced med- ecutive Session of the Senate Com- ury to pay a claim, in the event that ical professionals—we are sending mittee on Labor and Human Resources the revolving fund is not sufficient to will be held on Wednesday, September them out unarmed. This concept for medical training cover a large claim, or simultaneous 24, 1997, 9:30 a.m., in SD–430 of the Sen- claims. I believe that this provision is ate Dirksen Building. The following are was a success during recent conflicts. During Operation Desert Storm, necessary to ensure that timely pay- on the agenda to be considered: S.1186, ments for hull losses can be made to Workforce Investment Partnership Act USUHS physicians were immediately deployable to combat areas and uti- air carriers. These same carriers typi- of 1997; and nominations, Public Health cally lease aircraft under agreements Service Corps, 128 candidates. For fur- lized their training in military combat, unconventional warfare, and preven- that stipulate that the carriers must ther information, please call the com- repair or replace damaged aircraft mittee, 202/224–5375. tive medicine. This saved countless lives during the gulf war and will keep within 30 days of the incident. COMMITTEE ON LABOR AND HUMAN RESOURCES our troops safe in any future military Although the Congressional Budget Mr. JEFFORDS. Mr. President, I conflict. Office claims that this provision does would like to announce for information I am proud of USUHS’s accomplish- not have a significant budget impact, I of the Senate and the public that a ments. I hope they will continue serv- understand that the Office of Manage- hearing of the Senate Committee on ing our armed services by keeping ment and Budget [OMB] may disagree. Labor and Human Resources will be them safe and healthy well into the The FAA and the OMB are working held on Thursday, September 25, 1997, 21st century.∑ with the aviation leadership on the 10 a.m., in SD–430 of the Senate Dirk- f Commerce Committee to resolve this sen Building. The subject of the hear- issue. I pledge my full cooperation, and ing is Tobacco Settlement, part II. For AVIATION INSURANCE I hope and expect that we can resolve further information, please call the REAUTHORIZATION ACT OF 1997 this issue before the Commerce Com- committee, 202/224–5375. ∑ Mr. GORTON. Mr. President, I am mittee reports out the legislation. COMMITTEE ON ENERGY AND NATURAL pleased to join with my distinguished The Commerce Committee plans to RESOURCES colleagues, Senator MCCAIN, Senator report out the bill as early as next HOLLINGS, and Senator FORD, to intro- Mr. MURKOWSKI. Mr. President, for week. The House plans to approve com- duce the aviation insurance reauthor- the information of the Senate and the panion legislation next week, as well. I ization Act of 1997. The bill would reau- public I am announcing that the Com- urge my colleagues to work with me to thorize the aviation insurance program mittee on Energy and Natural Re- reauthorize the aviation insurance pro- for five years. The program is set to ex- sources will hold an oversight hearing gram before it expires at the end of the pire at the end of this fiscal year. fiscal year.∑ to receive testimony on the impacts of The aviation insurance program, a new climate treaty on U.S. labor, commonly known as war-risk insur- f electricity supply, manufacturing, and ance, has been in place since 1951. It in- IN RECOGNITION OF 10TH ANNUAL the general economy. sures air carriers against losses result- The hearing will be held on Tuesday, ing from war, terrorism, or other hos- HEAT’S ON DAY September 30, 1997, at 9:30 a.m., in tile acts, when commercial insurance ∑ Mr. LEVIN. Mr. President, I rise room SD–366 of the Dirksen Senate Of- is canceled, or is unavailable at reason- today to bring to my colleagues’ atten- fice Building. able rates. For an air carrier to qualify tion to the HEAT’S ON partnership of Those interested in testifying or sub- for the program, the President must Grand Rapids, MI, which serves people mitting material for the hearing record determine that a flight is essential to who need special assistance in prepara- should write to the Committee on En- the foreign policy interests of the tion for the harsh winter months that ergy and Natural Resources, U.S. Sen- United States. lie ahead. ate, Washington, DC 20510 attn: David The FAA can issue both premium and On Saturday, September 27, 1997, Garman at (202) 224–8115. nonpremium insurance under the pro- plumbers and steamfitters of UA Local

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9802 CONGRESSIONAL RECORD — SENATE September 23, 1997 70 and the Mechanical Contractors As- who believe there are important and as explained well in its resolution, sociation of Grand Rapids will join to- positive benefits to be derived from ‘‘* * * no single entity can instill eth- gether with Community Action to par- good character. Because families, ical behavior in youth and adults if it ticipate in the 10th annual HEAT’S ON churches, community groups, civic is acting without the support of the Day. The HEAT’S ON—Handicapped leaders, and school administrators and other institutions and groups.’’ Char- and Elderly Assistance to Serve Our teachers want to place more emphasis acter-building activities are for all. Neighbors—Program began in 1987 in on the value of ethical behavior, Char- They can be embraced by the young Minneapolis and St. Paul, MN. HEAT’S acter Counts has become one of the and old and the public and private sec- ON Day has become an annual event in fastest growing and localized move- tors in a way the transcends political, the Grand Rapids area, as members of ments in the State’s history. cultural, religious, and socioeconomic plumbers and steamfitters local 70 and As an example, in Farmington, NM, differences. the Navajo Preparatory School is initi- the Mechanical Contractors Associa- In New Mexico, Character Counts is a tion of Grand Rapids donate their time ating an all-encompassing character education program for its students. statewide and communitywide effort. and talents to ensure that the homes of It is a program with unbelievable en- elderly and disabled people in Grand The Navajo Preparatory School is chartered by the Navajo Nation to op- ergy because everyone who hears about Rapids and the nearby cities of erate as a college preparatory school it believes in it and wants it to work. Grandville, Kentwood, Walker, and Wy- program for Navajo and other native It works because people, like those as- oming are safe for the winter. American youth. Its mission is to edu- sociated with the Navajo Preparatory Participating servicepeople check cate highly motivated and talented School, are wholeheartedly committed homes approved for the program and students who have the potential and to making it a reality. repair and replace broken parts in fur- desire to achieve a college education naces and heating units. They also in- I applaud the fine work of the Navajo and become leaders of their respective Preparatory School, and welcome it as stall easy-to-read thermostats and communities. It has 195 boarding and smoke alarms for people who need a new member of the ever-growing fam- day students from the Navajo Nation, ily of Character Counts enthusiasts.∑ them. In the past 9 years, HEAT’S ON Jicarilla Apache, and various Pueblo participants have discovered more seri- Tribes. It has an excellent academic f ous—and potentially life-threatening— record, with 85 percent of its grad- problems, such as plugged chimneys, uating students enrolled in college. AMERICAN HERITAGE RIVERS defective furnaces, and homes exposed Some weeks ago I was invited to visit INITIATIVE to carbon monoxide poisoning. These the school to hear about its Character discoveries have enabled homeowners Counts Program. Attending were ∑ Mr. SARBANES. Mr. President, I rise to have the problems repaired before teachers, students, school administra- in strong opposition to the proposed suffering dangerous accidents. tion officials, and members of the amendment by my colleague from Ar- HEAT’S ON is a community effort, as board of trustees. The briefing included kansas. evidenced by local businesses who con- an innovative audio-visual program de- First, I think it is important to point tribute time, money, and products to signed to transfer the concepts of the out that the American heritage rivers help defray the costs. Consumers Six Pillars of Character into tradi- initiative does not force designation Power, Meijer, and Dominos are just a tional Navajo teachings, as well as a upon any river or river community. It few of the local businesses who partici- review of the schools’s translation of is a voluntary program. pate in this vital program. the Six Pillars into the Navajo lan- HEAT’S ON Day brings together guage. In addition to its Character American heritage rivers enables many people to help ensure that no- Counts curriculum, Navajo Prep also communities who wish to protect, re- body who requires assistance need- supports the development of student store, and revitalize their waterways, lessly suffers through a cold winter. In activities that will maximize the mes- who want to protect their vital nat- Grand Rapids, union workers and busi- sages of the Six Pillars. It wants to en- ural, historical, cultural, and rec- ness owners combine their resources sure that its students have a com- reational resources, to voluntarily de- and abilities to serve those in need. prehensive and cohesive program that velop and submit a locally driven nom- They are an inspiration, and they de- surrounds both their academic and so- ination and to seek designation. serve our recognition. I know my col- cial conduct. As proposed by the administration, leagues will join me in extending our The board of trustees presented their any nominated river must demonstrate congratulations and thanks to the resolution for ‘‘Endorsing and Imple- broad community support for the nom- HEAT’S ON partnership of Grand Rap- menting the Character Counts Pro- ination. It must demonstrate that ids, MI for 10 years of service to their gram at the Navajo Preparatory members of the river community have community.∑ School.’’ I would like to quote from had ample opportunities to comment f this resolution so Members of Congress on the nomination and plan of action. will know how thoroughly the school’s The administration has also made it CHARACTER COUNTS IN NEW officials have developed this character MEXICO very clear that if a Member of Congress education program. opposes a river designation in his or ∑ Mr. DOMENICI. Mr. President, as we The Navajo Preparatory School Board sup- her district, the designation will not ports and endorses Character Counts which approach National Character Counts occur in that district. Week, October 19–25, I want to relate are based on six core ethical values: trust- another example of how character edu- worthiness, respect, responsibility, fairness, Second, American heritage rivers es- caring, and citizenship. cation programs are expanding across tablishes no new regulations, and was The Navajo Preparatory School Board re- specifically designed to streamline the State of New Mexico. quests its staff to examine the curriculum In New Mexico, over 30 communities and integrate Navajo-specific character de- Federal assistance to community-led and cities have adopted partnerships velopment teachings, strategies, methods riparian restoration efforts. By requir- with their school systems to promote and partnership initiatives into the overall ing written approval from all property the Six Pillars of Character: trust- school program as an ongoing part of school owners along a river, and subjecting worthiness, respect, responsibility, instruction. designation to a lengthy congressional The Navajo Preparatory School Board em- selection process, this amendment in fairness, caring, and citizenship. There powers the school staff to join forces with are literally thousands of young people the State of New Mexico Navajo Nation and effect creates crippling delays and involved in character-related programs other local organizations and become a lead- places unnecessary regulatory burdens in their youth organizations and public er for community action through teaching, on the nomination preparation and se- or private schools. Some communities enforcing, advocating and modeling the six lection processes. pillars of character. have expanded their local efforts to in- The Navajo Preparatory School staff shall Third, this amendment unnecessarily clude Character in the Workplace pro- pursue available funding to develop Navajo restricts the broad objectives of Amer- grams. curriculum materials which promote the de- ican heritage rivers by focusing only Character Counts is not just a slogan. velopment of good character. on the water pollution aspects of river It represents, instead, exciting and As evidenced by Navajo Prep’s cre- revitalization. American heritage riv- well-developed programs by citizens ative character education program and ers is designed to celebrate and address

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9803 not only natural resource and environ- legislators to craft bills, often recodi- forcement. At the U.S. Consumer Prod- mental protection, but to also promote fying whole chapters of the statutes at uct Safety Commission, in addition to economic development and the protec- a time. his current position as Director of the tion of our historical, cultural, and rec- The Wisconsin Legislative Council is Office of Compliance, Dave has served reational resources. derived from the same Wisconsin Idea, as both Deputy General Counsel and In my own State of Maryland, and fostered by the Progressives in the Acting General Counsel. Before joining throughout the entire Potomac water- early part of this century, that created the Commission in 1973—at its incep- shed, a broad coalition of local govern- the Congressional Research Service. tion, I should note—Dave served as the ments, private citizens, businesses, and Senator ‘‘Fighting Bob’’ LaFollette Assistant Chief Counsel for Enforce- others, known as the Friends of the Po- saw the importance of having non- ment and Administrative Law with the tomac, has mounted a concerted effort partisan, professional staff provide re- National Highway Traffic Safety Ad- to nominate the Potomac. This coali- search, analysis and bill-drafting to ministration. He has also served as the tion is striving to make ‘‘Our Nation’s legislative bodies. The Wisconsin Vice Chairman for the International River’’ one of the first 10 designated version, which has been the model for Consumer Health and Safety Organiza- American heritage rivers, and I fully many other State legislatures, further tion Symposium [ICPHSO] and is pres- support and encourage their efforts. improves on the concept by setting up ently on ICPHSO’s executive com- Mr. President, the American heritage a mechanism for open discussion and mittee. rivers initiative is simply an effort to citizen participation directly in the de- While the list of Government posi- better coordinate and leverage existing velopment of legislative solutions in tions Dave has held is quite impressive, Federal resources. The Council on En- subjects selected by a bicameral body it does not begin to measure his con- vironmental Quality, participating every 2 years. tributions in improving product safety agencies and departments already have Since its inception, the joint legisla- for all Americans of all ages, from in- congressionally provided authority and tive council has overseen 426 individual fants to our seniors. Dave has never responsibility to carry out this pro- studies, conducted by not only State been someone who has ducked the gram. I urge my colleagues to join me legislators but also including over 6,000 tough calls, and he has been willing to in opposing this amendment.∑ Wisconsin citizens as full voting mem- take the heat for doing so when many f bers of committees. These committees others would have run away. He has al- are staffed by the legislative council ways been fair and balanced in exer- THE 50-YEAR ANNIVERSARY OF staff under the direction of the joint cising his judgment, a real straight THE KSEN RADIO STATION IN legislative council. These nonpartisan shooter. The results speak for them- SHELBY, MT professional staff members further sup- selves. On behalf of those consumers ∑ Mr. BURNS. Mr. President, I rise port the work of the legislature by who have been spared the pain of a loss today to salute the KSEN radio station staffing committees, providing re- or devastating injury to a child or in Shelby, MT, for 50 years of service to search and analysis to individual legis- other loved one, I want to thank Dave the Golden Triangle area in north cen- lators and their staff, and performing a Schmeltzer for his years of service and tral Montana. technical review of all proposed State wish him well in his future endeavors.∑ As a former broadcaster, I applaud regulations. f KSEN for the valuable service they Many of the members of the Wis- provide to the Shelby area, especially consin congressional delegation have COMMEMORATING THE to the agricultural community. KSEN had the experience of serving on legis- INDEPENDENCE OF ARMENIA works hard to provide the area with lative council committees—I served on ∑ Mr. LEVIN. Mr. President, I rise farm and market reports, weather, three, once as chairman of a study today to honor the sixth anniversary of local news, and sports broadcasting as committee reviewing laws on inter- Armenian Independence. well as national programs. KSEN radio state sales and use taxes. With the fall of the Soviet Union, Ar- is a very important tool for the area’s On its 50th anniversary, I am pleased menians were quickly faced with the farmers and ranchers. to pay tribute to Wisconsin’s Joint possibility of realizing a vision which KSEN radio has won more broad- Legislative Council and the dedication they had long sought—independence. casting awards than any other station of the legislative council staff. May On September 21, 1991, Armenia held a in Montana and is the smallest market they continue their service to the state referendum to decide its future. More in the United States to receive the for many years to come.∑ than 94 percent of Armenia’s eligible Crystal Award from the National Asso- f voters turned out to support independ- ciation of Broadcasters for its out- ence. Two days later, on September 23, standing public service. DAVID SCHMELTZER the Armenian Parliament made the Congratulations to Mr. Jerry Black ∑ Mr. D’AMATO. Mr. President, today I people’s desire official when it declared and the staff at KSEN radio in Shelby, rise to honor a truly outstanding, dedi- Armenia’s independence from the So- MT, for a fabulous 50 years of service cated public servant—David viet Union. to our great State.∑ Schmeltzer. Dave is retiring from the The historic vote for independence on f Federal Government after 35 years of September 21, 1991, has far greater sig- service, including 25 years at the U.S. nificance when examined in light of Ar- THE 50TH ANNIVERSARY OF THE Consumer Product Safety Commission, menia’s modern history. Throughout WISCONSIN LEGISLATIVE COUNCIL where he is the Director of the Office of the last century, the Armenian people ∑ Mr. FEINGOLD. Mr. President, Compliance. Over the years I have been have experienced incredible hardship today, I want to pay tribute to an im- fortunate to have gotten to know Dave and tragedy in their efforts to rule portant institution in the Wisconsin personally. A native New Yorker, he themselves. Armenia began the 20th State Legislature on its 50th anniver- received a bachelor of arts degree from century under the control of the Otto- sary: the Wisconsin Legislative Coun- Long Island University in 1957. He at- man Turks. Ottoman Turk rule turned cil. tended Brooklyn Law School with my savage at the beginning of World War I The legislative council was created dear friend Larry Elovich, and became when it waged a government-organized as a joint committee of the State legis- a member of the New York Bar after genocide on the Armenians. During the lature in 1947, charged with convening graduating in 1960. I want to wish Armenian Genocide of 1915–23, 1.5 mil- special committees each biennium to Dave, his wife Louise, and their son lion people perished as the Ottoman study the more complex, controversial Daniel and his family the best of luck Turks tried to permanently silence Ar- or sometimes tedious but necessary on this happy occasion. menian calls for independence. legislative issues, and to develop legis- David Schmeltzer has had a truly re- Following the defeat of the Ottoman lative solutions. The unique aspect of markable career in Federal service. I Turks in World War I, Armenians were the council’s directive has been to am unaware of anyone with Dave’s ex- able to briefly fulfill their wishes of identify and appoint knowledgeable perience and knowledge when it comes independence. On May 28, 1918, the Re- Wisconsin citizens to work alongside to product safety regulation and en- public of Armenia was established.

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9804 CONGRESSIONAL RECORD — SENATE September 23, 1997 However, this independence was short- the car caught fire. Local officials de- spite its proximity to many highly in- lived as the Republic of Armenia soon termined that the best approach was to dustrialized cities, Trumbull has been collapsed because of renewed Turkish let the fire burn itself out. To avoid able to preserve its small-town New and Soviet pressure. On November 29, harm to nearby residents, authorities England character and charm, and this 1920, Armenia was declared a Soviet re- ordered the evacuation of those living year the town of Trumbull will cele- public and spent the next 71 years near the yard. Many people were incon- brate its 200th anniversary. under Soviet rule. With the fall of the venienced, but although there are 8,000 The Trumbull area was permanently Soviet Union in 1991, Armenia was fi- people in the plaintiff class, only 2,300 settled in 1690, and in the following nally able to fulfill its goal of self-de- people claim to have been located with- years families began migrating to this termination. in the evacuation zone, and contem- secluded wilderness region, building Today, September 23, Armenia cele- porary estimates of how many people mills, churches, and schools. In 1725, brates the sixth anniversary of its were actually evacuated put the num- the settlement officially became the independence. I know that the many ber at about 1,000. village of Unity, and this village was Armenian-Americans in Michigan and One year after the accident, the Na- eventually absorbed by the larger com- the United States join in this celebra- tional Transportation Safety Board, munity of North Stratford. Nearly a tion. The support Armenian-Americans the Federal agency that investigates century after it was settled, the resi- have given to their homeland has been transportation accidents, determined dents began the petition process for indispensable as Armenia emerges from that a misaligned gasket and other fac- independence from North Stratford, many years of Soviet domination. I ap- tors, not involving CSXT, had caused and in 1797, the general assembly plaud their efforts and the efforts of the accident. In fact, other than pro- granted this request, established town the Armenian people to build an inde- viding the track on which the train car bounds, and declared that this area pendent and democratic Armenia.∑ was placed, CSXT had no connection to shall forever be a distinct town known by the name of ‘‘Trumbull.’’ f the car. CSXT did not own or repair the tank car, and it did not transport The town was named after one of the FURTHER EVIDENCE OF NEED FOR the car. most respected families in Connecticut LEGAL REFORM NOW Significantly, even though the NTSB history, the Trumbulls of Lebanon, CT. ∑ Mr. GORTON. A jury in New Orleans determined that CSTX had not caused The family’s patriarch, Jonathan the other week issued a clarion call for the accident, the jury held CSXT 15 Trumbull, Sr., was the first of four legal reform. A monstrous judgment percent responsible for the $2 million ‘‘Governor Trumbulls’’ in Connecticut. against CSX Transportation and four on compensatory damages that have He was a close ally of George Wash- other companies illustrates once again been awarded to 20 plaintiffs at this ington, and he was the only colonial the arbitrary and perverse nature of time. The remaining plaintiffs will Governor to support the Revolution. In our current tort system. have to prove their damages in sepa- recognition of his contributions to his Mr. President, I rise today to bring rate proceedings. Though it seems un- State and his country, a statue of Jon- to my colleagues’ attention a $2.5 bil- fair that CSXT would be responsible for athan Trumbull, Sr., currently stands lion punitive damage award against any compensatory damages if it was in the Statuary Hall of the U.S. Cap- CSX Transportation stemming from a not at fault, it is unspeakably out- itol. His son, Jonathan Trumbull, Jr., also 1987 chemical-car fire in the New Orle- rageous that CSXT would be assessed had an illustrious career as an early ans neighborhood of Gentilly. Even in over 75 percent of the punitive dam- American statesman. He was a member the context of our current broken legal ages, and only 15 percent of the com- of the U.S. House of Representatives system, this one is shocking. The jury pensatory damages. where he served as Speaker of the awarded $2.5 billion, out of a total pu- How can it be that a Federal agency House. He also represented the State as nitive damage award of $3.4 billion, determines that a company has no re- a U.S. Senator and was elected Con- against CSXT, Mr. President, despite sponsibility for causing an accident necticut’s governor in 1797, shortly the fact that Federal experts had deter- and yet this huge verdict is awarded? after the town of Trumbull was incor- mined that CSX was not at fault; de- The answer, unfortunately, is that our porated. spite the fact that the jury did not al- tort system is broken. The case in New In addition, Jonathan Trumbull, Sr.’s locate any significant portion of the Orleans is the latest, though perhaps youngest child, John, was one of the compensatory damages to CSXT; de- most egregious, example of why we most noteworthy American artists spite the fact that actual compen- have to reform our civil justice system, known for painting important histor- satory damages awarded to date in the to place some reasonable limit on puni- ical events. Today, four of his paint- case are only $2 million; and despite tive damage awards, to modify the laws ings hang in the U.S. Capitol rotunda, the fact that the accident resulted in regarding joint and several liability, his most famous being ‘‘The Surrender no deaths, no serious injuries, and no and to provide disincentives for law- of Cornwallis.’’ significant property damage. yers to go after the ‘‘deep pockets,’’ While the namesakes for this town Comparisons made in a New Orleans simply because they’re there. were truly heroic individuals, the Times Picayune article put the total CSXT is a big corporation, but that many generations of Trumbull resi- punitive damage award into perspec- should not be reason to impose huge dents who have settled this town and tive, warped as it is. Consider that the penalties on it, penalties that could af- shepherded its evolution over the years punitive damage award in this case is fect its thousands of employees, thou- are equally heroic in their own right. seven times the amount Union Carbide sands of middle-class stockholders who They met the crises of their times. paid to settle a claim relating to a own shares in the company through They worked hard to ensure a prom- chemical leak in Bhopal, India, that their pension plans, and everyone who ising future for their children. They killed 4,000 people and injured 300,000. uses its vital transportation facilities. lent a helping hand to their neighbors Despite only minor property damage, Until we undertake meaningful legal when they were in need. They did all of this award is two-thirds of the punitive reform, we will continue to disadvan- the things that are necessary to sus- damage award against Exxon for the tage businesses and consumers, stunt tain a community and help it develop environmentally devastating spill that career opportunities, breed contempt into a wonderful place to live. occurred in Alaska in 1989. for the law, and do injustice.∑ Today, Trumbull is a vibrant residen- Let me set out the facts of the case f tial community which is dedicated to as I understand them from the press the preservation of its family-oriented THE 200TH ANNIVERSARY OF accounts. On September 9, 1987, a rail- atmosphere. Its schools are among the TRUMBULL, CT road tank car containing butadiene, a best in the State and the Parent- volatile compound used in making syn- ∑ Mr. DODD. Mr. President, located in Teachers Association is very active. thetic rubber, was located in a rail the hilly country of southwestern Con- There are places of worship for more yard in New Orleans on tracks that be- necticut in the watershed of the than a dozen different religions, longed to CSXT. Due to a faulty gas- Pequonnock River is the quaint resi- strengthening the fabric of the commu- ket, the contents of the car leaked and dential community of Trumbull. De- nity and adding to its diversity. More

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9805 than 1,000 acres of town-owned open revenues to meet park and environ- were on his side. He did it because space are set aside for recreational use, mental purposes.∑ America’s best values were on his side. and Trumbull is renowned for its nu- f Values like dignity, justice and fair merous public parks. Trumbull has also play. Time and again, Jim Wengert put invested in its children by establishing ELIMINATION OF SECRET SENATE it on the line for workers on the line. an excellent youth sports program. In ‘‘HOLDS’’ To Jim, it’s simple. Fighting for fact, one of the town’s and the State of ∑ Mr. WYDEN. Mr. President, I am working people is a labor of love. Connecticut’s proudest moments came submitting for the RECORD a notifica- That’s why he has used his position and when a resilient group of 11- and 12- tion of a proposal I intend to offer. his platform to speak out for good jobs, year-olds from Trumbull pulled off one I ask that the proposal be printed in a living wage, secure pensions, and a of the greatest upsets in baseball his- the RECORD. better future for our children and tory and won the Little League World The proposal follows: grandchildren. And if one looks across the landscape Series in 1988. (Purpose: To eliminate secret Senate Trumbull’s motto is ‘‘Pride in our ‘‘holds’’) of Iowa and at all that’s happened that’s been good for working people, I past. Faith in our future.’’ I would like At the appropriate place, insert: to personally say that the people of guarantee you’ll find the fingerprints SEC. . ELIMINATING SECRET SENATE ‘‘HOLDS.’’ of Jim Wengert. Because whether it’s Trumbull should be very proud of their (a) STANDING ORDER.—It is a standing order town’s history and heritage. But more of the Senate that a Senator who provides passing legislation, electing progres- important, I have complete faith that notice to leadership of his or her intention to sive candidates, or changing attitudes, the future for the people of Trumbull object to proceeding to a motion or matter Jim helped make it happen. will be even brighter than the past. I shall disclose the objection (hold) in the Con- Mr. President, Jim Wengert is an op- congratulate the town of Trumbull on gressional Record not later than 2 session timist, a doer and a believer. He be- this historic milestone and offer my days after the date of said notice. lieves with his head and his heart that best wishes for future centuries of suc- (b) RULEMAKING.—This section is adopted— tomorrow can be better than today. (1) as an exercise of the rulemaking power cess and prosperity. And the power to make that happen of the Senate and as such it is deemed a part isn’t in the hands of ‘‘them’’—the pow- f of the Rules of the Senate and it supersedes erful and privileged. The power to INTERIOR APPROPRIATIONS—NA- other rules only to the extent that it is in- consistent with such rules; and make the future brighter rests with TIONAL PARK AND ENVIRON- (2) with full recognition of the constitu- us—by organizing and working to- MENTAL IMPROVEMENT FUND tional right of the Senate to change its rules gether. ∑ Mr. MCCAIN. Mr. President, as part at any time, in the same manner, and to the That is what a union is all about. of the Interior appropriations bill (H.R. same extent as in the case of any other rule And that’s what Jim Wengert is all 2107) the Senate adopted an amend- of the Senate.∑ about. ment I offered with Senator STEVENS f I know the Senate joins me in wish- to create a National Park and Environ- ing Jim many more years of health and RETIREMENT TRIBUTE TO JIM mental Improvement Fund. The fund is happiness. And even though his retire- WENGERT financed with $800 million in disputed ment is a loss for the working people of oil revenue awarded to the Federal ∑ Mr. HARKIN. Mr. President, I rise to Iowa, it is truly a gain for the Wengert Government by the Supreme Court. pay tribute to the work of Jim family—for Jim’s wife Joanne, his chil- Under the amendment, the annual in- Wengert—a good friend and great fight- dren and, of course, his grandchildren. terest from the fund would be avail- er for working people across the state Once again, Mr. president I want to able, subject to appropriation, for top of Iowa and around the country. thank Jim Wengert for his commit- priority capital improvements within For well over a generation, Jim ment and service. We owe him an enor- the National Park System; to assist Wengert has been a leader at the Iowa mous debt for a lifetime of building our States with their own park planning Federation of Labor. From 1966 to 1979, communities and advancing the cause and development; and to finance ocean he was Secretary-Treasurer of the of justice and dignity for the working research. statewide organization. And from 1979 people of Iowa and our Nation.∑ As I stated, disbursements of the in- until his retirement this year, Jim has f been at the helm of the Iowa Federa- terest revenue would be subject to ap- AUSTRIAN-AMERICAN DAY propriation. I want to be clear that it tion of Labor serving as its President. is not our intent to create this fund in Prior to his years at the Iowa Fed, Mr. ENZI. Mr. President, I ask unani- vain, by appropriating the interest and Jim worked at Swift and Company in mous consent that the Senate proceed reducing other vital park or environ- Sioux City. In 1952, he joined Local 71 to the immediate consideration of Cal- mental accounts in order to remain of the United Packinghouse Workers of endar No. 168, S. Res. 122. below the applicable budget caps. Our America and he wasted no time rising The PRESIDING OFFICER. The goal and intent is to ensure these funds up the ranks. He served as Vice Presi- clerk will report. The legislative clerk read as follows: will supplement the appropriations dent and Steward of his local—and Re- cording Secretary and President of the A resolution (S. Res. 122) declaring Sep- parks and environmental accounts tember 26, 1997 as ‘‘Austrian-American Day.’’ would otherwise receive. The distin- Woodbury County Labor Council. There being no objection, the Senate guished chairmen of the Budget Com- In addition, Jim has been a legislator proceeded to consider the resolution. mittee and the Appropriations Com- in the Iowa General Assembly, and a Mr. ENZI. Mr. President, I ask unani- mittee have agreed to work to ensure member of the United States Commis- mous consent that the resolution be that end and I thank them for their sion on Civil Rights, the University of agreed to, the motion to reconsider be courtesy and leadership. Iowa Labor Advisory Committee, and laid upon the table, and that any state- Mr. DOMENICI. Mr. President, the the Iowa Workers’ Compensation Advi- ments relating to the resolution appear Senator is correct. I look forward to sory Committee. Mr. President, Jim Wengert has had at this point in the RECORD. working with him next year to address The PRESIDING OFFICER. Without a long and distinguished career but this issue during the budget process to objection, it is so ordered. ensure this fund provides additional re- there is a common thread that weaves The resolution (S. Res. 122) was con- sources to meet park and relevant en- all his work together. For almost half sidered and agreed to. vironmental needs so that it will not a century, Jim Wengert has been on The preamble was agreed to. require offsets from other park or vital the frontlines of the battle for dignity The resolution, with its preamble, is environmental accounts. and economic and social justice for the as follows: Mr. STEVENS. Mr. President, I con- working people of this country. S. RES. 122 cur with my colleagues, and I will work That fight has not been easy—far too Whereas 1997 marks the 50th anniversary of as chairman of the Appropriations often, the deck has been stacked General George C. Marshall’s plan for assist- Committee to make sure that these against working people. But Jim never ing the free countries of Europe in their funds are additional, not replacement, picked his battles because the odds post-World War II rebuilding process;

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9806 CONGRESSIONAL RECORD — SENATE September 23, 1997 Whereas on September 26, 1945, upon the NAVY paring detailed procedures for imple- insistence of the United States, a conference The following named officer for appoint- menting the Treaty and making ar- was held in Vienna by the Allies and the 9 ment in the United States Navy to the grade rangements for the first session of the Austrian Federal State Governors, that laid indicated while assigned to a position of im- Conference of the States Parties to the the foundation for the fist post-war Austrian portance and responsibility under title 10, Government recognized by the United States U.S.C., section 601: Treaty. In particular, by the terms of and the other Allied Forces; To be admiral the Treaty, the Preparatory Commis- Whereas this treaty saved Austria from sion will be responsible for ensuring Adm. Harold W. Gehman, Jr., 0000. being divided into an East and West, as in that the verification regime estab- Germany; MARINE CORPS Whereas Austrians are thankful for the lished by the Treaty will be effectively The following named officer for appoint- in operation at such time as the Treaty generosity demonstrated by the citizens and ment in the United States Marine Corps to the Government of the United States after the grade indicated while assigned to a posi- enters into force. My Administration World War II; tion of importance and responsibility under has completed and will submit sepa- Whereas Austrian-Americans have made title 10, U.S.C., section 601: rately to the Senate an analysis of the important contributions to the American To be general verifiability of the Treaty, consistent way of life as well as in industry, education, culture, and the arts and sciences; and Lt. Gen. Charles E. Wilhelm, 0000. with section 37 of the Arms Control Whereas Austrian born Americans, or f and Disarmament Act, as amended. Americans of Austrian descent, have brought Such legislation as may be necessary LEGISLATIVE SESSION prestige and recognition to the United to implement the Treaty also will be States as Nobel laureates in medicine, eco- The PRESIDING OFFICER. Under submitted separately to the Senate for nomics, and the sciences: Now, therefore, be the previous order, the Senate will re- appropriate action. it sume legislative session. Resolved, That the Senate— The conclusion of the Comprehensive f (1) declares September 26, 1997, as ‘‘Aus- Nuclear Test-Ban Treaty is a signal trian-American Day’’; and REMOVAL OF INJUNCTION OF SE- event in the history of arms control. (2) authorizes and requests the President CRECY—TREATY DOCUMENTS The subject of the Treaty is one that to commend this observance to the citizens NOS. 105–28, 105–29, AND 105–30 of the United States in honor of this momen- has been under consideration by the tous occasion. Mr. ENZI. As in executive session, I international community for nearly 40 f ask unanimous consent that the in- years, and the significance of the con- CONVEYANCE OF A PARCEL OF junction of secrecy be removed from clusion of negotiations and the signa- LAND TO THE DOS PALOS AG the following treaties transmitted to ture to date of more than 140 states BOOSTERS the Senate on September 23, 1997, by cannot be overestimated. The Treaty the President of the United States: creates an absolute prohibition against Mr. ENZI. Mr. President, I ask unani- Comprehensive Test-Ban Treaty the conduct of nuclear weapon test ex- mous consent the Agriculture Com- (Treaty Document No. 105–28); plosions or any other nuclear explosion mittee be discharged from further con- Protocol Amending Tax Convention anywhere. Specifically, each State sideration of H.R. 111, and further the With Canada (Treaty Document No. Senate proceed to its immediate con- Party undertakes not to carry out any 105–29); nuclear weapon test explosion or any sideration. Extradition Treaty With India (Trea- The PRESIDING OFFICER. The other nuclear explosion; to prohibit ty Document No. 105–30). and prevent any nuclear explosions at clerk will report. I further ask that the treaties be con- any place under its jurisdiction or con- The legislative clerk read as follows: sidered as having been read the first trol; and to refrain from causing, en- A bill (H.R. 111) to provide for the convey- time; that they be referred, with ac- couraging, or in any way participating ance of a parcel of unused agricultural land companying papers, to the Committee in Dos Palos, California to the Dos Palos Ag in the carrying out of any nuclear on Foreign Relations and ordered to be Boosters for use as a farm school. weapon test explosion or any other nu- printed; and that the President’s mes- Mr. ENZI. I ask unanimous consent clear explosion. sages be printed in the RECORD. the bill be considered read a third time The PRESIDING OFFICER. Without The Treaty establishes a far reaching and passed, the motion to reconsider be objection, it is so ordered. verification regime, based on the provi- laid upon the table, and that any state- The President’s messages are as fol- sion of seismic, hydroacoustic, radio- ments relating to the bill appear at lows: nuclide, and infrasound data by a glob- this point in the RECORD. al network (the ‘‘International Moni- The PRESIDING OFFICER. Without To the Senate of the United States: I transmit herewith, for the advice toring System’’) consisting of the fa- objection, it is so ordered. cilities listed in Annex 1 to the Pro- The bill (H.R. 111) was considered and consent of the Senate to ratifica- tocol. Data provided by the Inter- read the third time, and passed. tion, the Comprehensive Nuclear Test- national Monitoring System will be f Ban Treaty (the ‘‘Treaty’’ or ‘‘CTBT’’), stored, analyzed, and disseminated, in EXECUTIVE SESSION opened for signature and signed by the United States at New York on Sep- accordance with Treaty-mandated tember 24, 1996. The Treaty includes operational manuals, by an Inter- EXECUTIVE CALENDAR two Annexes, a Protocol, and two An- national Data Center that will be part Mr. ENZI. Mr. President, I ask unani- nexes to the Protocol, all of which of the Technical Secretariat of the mous consent that the Senate imme- form integral parts of the Treaty. I Comprehensive Nuclear Test-Ban Trea- diately proceed to executive session to transmit also, for the information of ty Organization. The verification re- consider the following nominations on the Senate, the report of the Depart- gime includes rules for the conduct of the Executive Calendar, Calendar No. ment of State on the Treaty, including on-site inspections, provisions for con- 259 and Calendar No. 260. an Article-by-Article analysis of the sultation and clarification, and vol- I further ask unanimous consents the Treaty. untary confidence-building measures nominations be confirmed, the motions Also included in the Department of designed to contribute to the timely to reconsider be laid upon the table, State’s report is a document relevant resolution of any compliance concerns and any statements relating to the to but not part of the Treaty: The arising from possible misinterpretation nominations be printed at this point in Treaty on the Establishment of a Pre- of monitoring data related to chemical the RECORD, the President be imme- paratory Commission for the Com- explosions that a State Party intends diately notified of the Senate’s action, prehensive Nuclear Test-Ban Treaty to or has carried out. Equally impor- and the Senate then return to legisla- Organization, adopted by the Signatory tant to the U.S. ability to verify the tive session. States to the Treaty on November 19, Treaty, the text specifically provides The PRESIDING OFFICER. Without 1996. The Text provides the basis for for the rights of States Parties to use objection, it is so ordered. the work of the Preparatory Commis- information obtained by national tech- The nominations considered and con- sion for the Comprehensive Nuclear nical means in a manner consistent firmed are as follows: Test-Ban Treaty Organization is pre- with generally

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9807 recognized principles of international succeed, both the Administration With regard to the last safeguard: law for purposes of verification gen- and the Congress must provide sus- —The U.S. regards continued high erally, and in particular, as the basis tained bipartisan support for the confidence in the safety and reli- for an on-site inspection request. The stockpile stewardship program over ability of its nuclear weapons verification regime provides each State the next decade and beyond. I am stockpile as a matter affecting the Party the right to protect sensitive in- committed to working with the supreme interests of the country stallations, activities, or locations not Congress to ensure this support. and will regard any events calling related to the Treaty. Determinations ‘‘While I am optimistic that the that confidence into question as of compliance with the Treaty rest stockpile stewardship program will ‘‘extraordinary events related to with each individual State Party to the be successful, as President I cannot the subject matter of the treaty.’’ Treaty. dismiss the possibility, however un- It will exercise its rights under the Negotiations for a nuclear test-ban likely, that the program will fall ‘‘supreme national interests’’ treaty date back to the Eisenhower Ad- short of its objectives. Therefore, clause if it judges that the safety ministration. During the period 1978– in addition to the new annual cer- or reliability of its nuclear weapons 1980, negotiations among the United tification procedure for our nuclear stockpile cannot be assured with States, the United Kingdom, and the weapons stockpile, I am also estab- the necessary high degree of con- USSR (the Depositary Governments of lishing concrete, specific safe- fidence without nuclear testing. the Treaty on the Non-Proliferation of guards that define the conditions —To implement that commitment, Nuclear Weapons (NPT)) made under which the United States can the Secretaries of Defense and En- progress, but ended without agreement. enter into a CTBT. . .’’ ergy—advised by the Nuclear Weap- Thereafter, as the nonnuclear weapon ons Council or ‘‘NWC’’ (comprising states called for test-ban negotiations, The safeguards that were established representatives of DOD, JCS, and the United States urged the Conference are as follows: DOE), the Directors of DOE’s nu- on Disarmament (the ‘‘CD’’) to devote —The conduct of a Science Based its attention to the difficult aspects of Stockpile Stewardship program to clear weapons laboratories and the monitoring compliance with such a ban ensure a high level of confidence in Commander of the U.S. Strategic and developing elements of an inter- the safety and reliability of nuclear Command—will report to the Presi- national monitoring regime. After the weapons in the active stockpile, in- dent annually, whether they can United States, joined by other key cluding the conduct of a broad certify that the Nation’s nuclear states, declared its support for com- range of effective and continuing weapons stockpile and all critical prehensive test-ban negotiations with a experimental programs. elements thereof are, to a high de- view toward prompt conclusion of a —The maintenance of modern nu- gree of confidence, safe and reli- treaty, negotiations on a comprehen- clear laboratory facilities and pro- able, and, if they cannot do so, sive test-ban were initiated in the CD, grams in theoretical and explor- whether, in their opinion and that in January 1994. Increased impetus for atory nuclear technology that will of the NWC, testing is necessary to the conclusion of a comprehensive nu- attract, retain, and ensure the con- assure, with a high degree of con- clear test-ban treaty by the end of 1996 tinued application of our human fidence, the adequacy of corrective resulted from the adoption, by the Par- scientific resources to those pro- measures to assure the safety and ties to the NPT in conjunction with grams on which continued progress reliability of the stockpile, or ele- the indefinite and unconditional exten- in nuclear technology depends. ments thereof. The Secretaries will sion of that Treaty, of ‘‘Principles and —The maintenance of the basic capa- state the reasons for their conclu- Objectives for Nuclear Non-Prolifera- bility to resume nuclear test ac- sions, and the views of the NWC, re- tion and Disarmament’’ that listed the tivities prohibited by the CTBT porting any minority views. conclusion of a CTBT as the highest should the United States cease to —After receiving the Secretaries’ measure of its program of action. be bound to adhere to this Treaty. certification and accompanying re- On August 11, 1995, when I announced —The continuation of a comprehen- port, including NWC and minority U.S. support for a ‘‘zero yield’’ CTBT, I sive research and development pro- views, the President will provide stated that: gram to improve our treaty moni- them to the appropriate commit- ‘‘. . . as part of our national security toring capabilities and operations. tees of the Congress, together with strategy, the United States must —The continuing development of a a report on the actions he has and will retain strategic nuclear broad range of intelligence gath- taken in light of them. forces sufficient to deter any future ering and analytical capabilities —If the President is advised, by the hostile foreign leadership with ac- and operations to ensure accurate above procedure, that a high level cess to strategic nuclear forces and comprehensive information on of confidence in the safety or reli- from acting against our vital inter- worldwide nuclear arsenals, nuclear ability of a nuclear weapon type ests and to convince it that seeking weapons development programs, critical to the Nation’s nuclear de- a nuclear advantage would be fu- and related nuclear programs. terrent could no longer be certified tile. In this regard, I consider the —The understanding that if the without nuclear testing, or that nu- maintenance of a safe and reliable President of the United States is clear testing is necessary to assure nuclear stockpile to be a supreme informed by the Secretary of De- the adequacy of corrective meas- national interest of the United fense and the Secretary of Energy ures, the President will be prepared States. (DOE)—advised by the Nuclear to exercise our ‘‘supreme national ‘‘I am assured by the Secretary of Weapons Council, the Directors of interests’’ rights under the Treaty, Energy and the Directors of our nu- DOE’s nuclear weapons labora- in order to conduct such testing. clear weapons labs that we can tories, and the Commander of the —The procedure for such annual cer- meet the challenge of maintaining U.S. Strategic Command—that a tification by the Secretaries, and our nuclear deterrent under a high level of confidence in the safe- for advice to them by the NWC, CTBT through a Science Based ty or reliability of a nuclear weap- U.S. Strategic Command, and the Stockpile Stewardship program on type that the two Secretaries DOE nuclear weapons laboratories without nuclear testing. I directed consider to be critical to our nu- will be embodied in domestic law. the implementation of such a pro- clear deterrent could no longer be As negotiations on a text drew to a gram almost 2 years ago, and it is certified, the President, in con- close it became apparent that one being developed with the support of sultation with the Congress, would member of the CD, India, would not the Secretary of Defense and the be prepared to withdraw from the join in a consensus decision to forward Chairman of the Joint Chiefs of CTBT under the standard ‘‘supreme the text to the United Nations for its Staff. This program will now be national interests’’ clause in order adoption. After consultations among tied to a new certification proce- to conduct whatever testing might countries supporting the text, Aus- dure. In order for this program to be required. tralia requested the President of the

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S9808 CONGRESSIONAL RECORD — SENATE September 23, 1997 U.N. General Assembly to convene a re- Unless a majority of the Parties de- sions will significantly further our nu- sumed session of the 50th General As- cides otherwise, a Review Conference clear nonproliferation and arms con- sembly to consider and take action on will be held 10 years following the trol objectives and strengthen inter- the text. The General Assembly was so Treaty’s entry into force and may be national security. Therefore, I urge the convened, and by a vote of 158 to 3 the held at 10-year intervals thereafter if Senate to give early and favorable con- Treaty was adopted. On September 24, the Conference of the States Parties so sideration to the Treaty and its advice 1996, the Treaty was opened for signa- decides by a majority vote (or more and consent to ratification as soon as ture and I had the privilege, on behalf frequently if the Conference of the possible. of the United States, of being the first States Parties so decides by a two- WILLIAM J. CLINTON. to sign the Treaty. thirds vote). THE WHITE HOUSE, September 22, 1997. The Treaty assigns responsibility for The Comprehensive Nuclear Test-Ban overseeing its implementation to the Treaty is of singular significance to To the Senate of the United States: I transmit herewith for Senate advice Comprehensive Nuclear Test-Ban Trea- the continuing efforts to stem nuclear and consent to ratification the Pro- ty Organization (the ‘‘Organization’’), proliferation and strengthen regional tocol Amending the Convention Be- to be established in Vienna. The Orga- and global stability. Its conclusion tween the United States of America nization, of which each State Party marks the achievement of the highest priority item on the international and Canada with Respect to Taxes on will be a member, will have three or- Income and on Capital Signed at Wash- arms control and nonproliferation gans: the Conference of the States Par- ington on September 26, 1980 as Amend- agenda. Its effective implementation ties, a 51-member Executive Council, ed by the Protocols Signed on June 14, will provide a foundation on which fur- and the Technical Secretariat. The 1983, March 28, 1984 and March 17, 1995, ther efforts to control and limit nu- Technical Secretariat will supervise signed at Ottawa on July 29, 1997. This clear weapons can be soundly based. By the operation of and provide technical Protocol modified the taxation of so- responding to the call for a CTBT by support for the International Moni- cial security benefits and the taxation the end of 1996, the Signatory States, toring System, operate the Inter- of gains from the sale of shares of for- and most importantly the nuclear national Data Center, and prepare for eign real-property holding companies. and support the conduct of on-site in- weapon states, have demonstrated the I recommend that the Senate give spections. The Treaty also requires bona fides of their commitment to early and favorable consideration to each State Party to establish a Na- meaningful arms control measures. this Protocol and give its advice and The monitoring challenges presented tional Authority that will serve as the consent to ratification. by the wide scope of the CTBT exceed focal point within the State Party for WILLIAM J. CLINTON. those imposed by any previous nuclear liaison with the Organization and with THE WHITE HOUSE, September 23, 1997. other States Parties. test-related treaty. Our current capa- The Treaty will enter into force 180 bility to monitor nuclear explosions To the Senate of the United States: days after the deposit of instruments of will undergo significant improvement With a view to receiving the advice ratification by all of the 44 states list- over the next several years to meet and consent of the Senate to ratifica- ed in Annex 2 to the Treaty, but in no these challenges. Even with these en- tion, I transmit herewith the Extra- case earlier than 2 years after its being hancements, though, several conceiv- dition Treaty Between the Government opened for signature. If, 3 years from able CTBT evasion scenarios have been of the United States of America and the opening of the Treaty for signa- identified. Nonetheless, our National the Government of the Republic of ture, the Treaty has not entered into Intelligence Means (NIM), together India, signed at Washington on June 25, force, the Secretary-General of the with the Treaty’s verification regime 1997. United Nations, in his capacity as De- and our diplomatic efforts, provide the In addition, I transmit, for the infor- positary of the Treaty, will convene a United States with the means to make mation of the Senate, a related ex- conference of the states that have de- the CTBT effectively verifiable. By change of letters signed the same date posited their instruments of ratifica- this, I mean that the United States: and the report of the Department of tion if a majority of those states so re- —will have a wide range of resources State with respect to the Treaty. As quests. At this conference the partici- (NIM, the totality of information the report states, the Treaty will not pants will consider what measures con- available in public and private require implementing legislation. The provisions in this Treaty follow sistent with international law might be channels, and the mechanisms es- generally the form and content of ex- undertaken to accelerate the ratifica- tablished by the Treaty) for ad- tradition treaties recently concluded tion process in order to facilitate the dressing compliance concerns and imposing sanctions in cases of non- by the United States. early entry into force of the Treaty. Upon entry into force, this Treaty Their decision on such measures must compliance; and —will thereby have the means to: (a) would enhance cooperation between be taken by consensus. the law enforcement authorities of Reservations to the Treaty Articles assess whether the Treaty is deter- both countries, and thereby make a and the Annexes to the Treaty are not ring the conduct of nuclear explo- significant contribution to inter- permitted. Reservations may be taken sions (in terms of yields and num- national law enforcement efforts. With ber of tests) that could damage to the Protocol and its Annexes so long respect to the United States and India, U.S. security interests and con- as they are not incompatible with the the Treaty would supersede the Treaty straining the proliferation of nu- object and purpose of the Treaty. for the Mutual Extradition of Crimi- clear weapons, and (b) take prompt Amendment of the Treaty requires the nals between the United States of and effective counteraction. positive vote of a majority of the America and Great Britain, signed at States Parties to the Treaty, voting in My judgment that the CTBT is effec- London December 22, 1931, which was a duly convened Amendment Con- tively verifiable also reflects the belief made applicable to India on March 9, ference at which no State Party casts a that U.S. nuclear deterrence would not 1942, and is currently applied by the negative vote. Such amendments would be undermined by possible nuclear test- United States and India. enter into force 30 days after ratifica- ing that the United States might fail I recommend that the Senate give tion by all States Parties that cast a to detect under the Treaty, bearing in early and favorable consideration to positive vote at the Amendment Con- mind that the United States will derive the Treaty and give its advice and con- ference. substantial confidence from other fac- sent to ratification. The Treaty is of unlimited duration, tors—the CTBT’s ‘‘supreme national WILLIAM J. CLINTON. but contains a ‘‘supreme interests’’ interests’’ clause, the annual certifi- THE WHITE HOUSE, September 23, 1997. clause entitling any State Party that cation procedure for the U.S. nuclear f determines that its supreme interests stockpile, and the U.S. Safeguards pro- have been jeopardized by extraordinary gram. ORDERS FOR WEDNESDAY, events related to the subject matter of I believe that the Comprehensive Nu- SEPTEMBER 24, 1997 the Treaty to withdraw from the Trea- clear Test-Ban Treaty is in the best in- Mr. ENZI. Mr. President, I ask unani- ty upon 6-months’ notice. terests of the United States. Its provi- mous consent that when the Senate

VerDate Mar 15 2010 22:22 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1997SENATE\S23SE7.REC S23SE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY September 23, 1997 CONGRESSIONAL RECORD — SENATE S9809 completes its business today it stand in propriations bill. Members can expect DEPARTMENT OF STATE adjournment until the hour of 12 noon additional votes during Wednesday’s RICHARD FRANK CELESTE, OF OHIO, TO BE AMBAS- on Wednesday, September 24. I further session of the Senate, following the SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO INDIA. ask that on Wednesday, immediately final passage vote of S. 830. In addition, following the prayer, the routine re- the Senate may consider any other leg- f quests through the morning hour be islative or executive business that can granted and the Senate immediately be cleared for action. resume consideration of S. 830, the I thank all Senators for their atten- CONFIRMATIONS FDA reform bill. tion. Executive nominations confirmed by The PRESIDING OFFICER. Without f the Senate September 23, 1997; objection, it is so ordered. ADJOURNMENT f NAVY Mr. ENZI. Mr. President, I now ask THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PROGRAM unanimous consent that the Senate IN THE U.S. NAVY TO THE GRADE INDICATED WHILE AS- SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- Mr. ENZI. Mr. President, tomorrow stand in adjournment under the pre- BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION the Senate will resume consideration vious order. 601: of S. 830, the FDA reform bill. Under There being no objection, the Senate, To be admiral the previous order, at noon the Senate at 7:04 p.m, adjourned until Wednesday, ADM. HAROLD W. GEHMAN, JR., 0000. will conclude the remaining 4 hours of September 24, 1997, at 12 noon. IN THE MARINE CORPS debate on that measure. Therefore, f Members can anticipate a vote on final THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT NOMINATIONS IN THE U.S. MARINE CORPS TO THE GRADE INDICATED passage of S. 830, between 3:45 and 4 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND o’clock tomorrow afternoon. Executive nominations received by RESPONSIBILITY UNDER TITLE 10, UNITED STATES CODE, Following disposition of S. 830, it is the Secretary of the Senate September SECTION 601; hoped the Senate will begin consider- 22, 1997, under authority of the order of To be general ation of the District of Columbia ap- the Senate of January 7, 1997: LT. GEN. CHARLES E. WILHELM, 0000.

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THE POSITIVE IMPACT OF SCHOOL man for the Cleveland schools, said that be- [From the Wall Street Journal, Sept. 18, CHOICE cause the school system was now operated by 1997] the state, and the state also runs the vouch- CLEVELAND SHATTERS MYTHS ABOUT SCHOOL er program, the Cleveland schools had taken CHOICE HON. NEWT GINGRICH no position on the program, which has been (By Jay P. Greene, William G. Howell, and OF GEORGIA expanded to cover 3,000 students this year. Paul E. Peterson) IN THE HOUSE OF REPRESENTATIVES But Cleveland’s voucher program—like the As delays in repairs keep the doors to Tuesday, September 23, 1997 nation’s only other large scale voucher pro- Washington D.C.’s public schools closed, gram, in Milwaukee—remains under the Congress is debating whether to approve the Mr. GINGRICH. Mr. Speaker, I am pleased cloud of a continuing court challenge. In District of Columbia Student Opportunity to submit into the CONGRESSIONAL RECORD May, an Ohio appeals court ruled that be- Scholarship Act, which could help restruc- two articles highlighting the positive impact of cause the vouchers could be used at religious ture this dreary, patronage-ridden system giving parents the ability to choose their chil- schools, the program was an unconstitu- and give at least a couple of thousand poor dren's school. tional mingling of church and state. The students a chance to attend the private State Supreme Court, however, ruled that school of their choice. True to his teacher- [From the New York Times, Sept. 18, 1997] the program could continue this year, pend- union allies, President Clinton remains ada- SCHOOL VOUCHER STUDY FINDS SATISFACTION ing its review. With the Milwaukee voucher mantly opposed to giving poor children the (By Tamar Lewin) program pending in State Supreme Court, it same chance at a private education that his is likely that one or both of the cases will ul- daughter, Chelesa, had. In the first independent evaluation of timately wend their way to the United In deciding whether to challenge the presi- Cleveland’s groundbreaking school voucher States Supreme Court. dent, Congress would do well to consider program, a Harvard University study has Despite the legal uncertainties, vouchers what’s been happening in Cleveland, site of found that the program was very popular the first state-funded program to give low- with parents and raised the scores of those remain a powerful political issue across the country: income students a choice of both religious students tested at the end of the first year. and secular schools. Of more than 6,200 appli- ‘‘We found that parents who have a choice In New Jersey in April, the Education cants, pupils entering grades K–3 last year, of school are much happier, and these pri- Commission barred Lincoln Park, a suburban nearly 2,000 received scholarships to attend vate schools seem to be able to create an school board, from using tax money for one of 55 schools. The scholarships cover up educational environment that parents see as vouchers. to 90% of a school’s tuition, to a maximum safer, more focused on academics and giving In Vermont last year, the education office of $2,250, little more than a third of the per- more individual attention to the child’’ said took away education funds of the Chittenden pupil cost of Cleveland public schools. Paul E. Peterson, director of the Education Town School District when it tried to in- This past summer we surveyed more than Policy and Governance at Harvard’s John F. clude parochial schools in a voucher program 2,000 parents, both scholarship recipients and Kennedy School of Government, which is- for high schools. those who applied but did not participate in sued the report. ‘‘This happens despite the In New York City and several other cities, the program. We found that parents of schol- fact that these are very low-income stu- small programs, privately financed by phi- arship recipients new to choice schools were dents.’’ lanthropists, provide scholarships allowing much more satisfied with every aspect of The Cleveland experiment has been closely some public school students to attend paro- their school than parents of children still in watched as school vouchers emerge as a po- chial schools. public school. Sixty-three percent of choice tent political issue across the country. In Washington, House and Senate Repub- parents report being ‘‘very satsified’’ with The report found that two-thirds of the the ‘‘academic quality’’ of their school, as parents whose children received vouchers to licans have proposed a Cleveland-style pro- gram for the District of Columbia schools. compared with less than 30% of public-school attend a private or parochial school were parents. Nearly 60% were ‘‘very satisfied’’ ‘‘very satisfied’’ with the academic quality The evaluation of the Cleveland program is with school safety, as compared with just of the school, compared to fewer than 30 per- based on a survey of 2,020 parents who ap- over a quarter of those in public school. With cent of the parents of students who applied plied for vouchers, including 1,014 parents of respect to school discipline, 55% of new for vouchers but remained in public schools. voucher recipients, and 1,006 parents who ap- choice parents, but only 23% of public-school In addition, the parents using vouchers plied but did not use the vouchers. parents, were ‘‘very satisfied.’’ were also more than twice as likely to be Those who applied, but ultimately re- The differences in satisfication rates were happy with the school’s discipline, class size, mained in public school, cited transportation equally large when parents were asked about condition and teaching of moral values than financial consideration and admission to a the school’s individual attention to their those remaining in public school. desired public school or failure to be admit- child, parental involvement, class size and During the last school year, the Ohio De- ted to the desired private school. school facilities. The most extreme dif- partment of Education gave 1,996 Cleveland The average income of families using ferences in satisfaction pertained to teach- students from low-income families vouchers vouchers was lower than those whose chil- ing moral values: 71% of the choice parents covering up to 90 percent of private or paro- dren remained in public schools, but the two were ‘‘very satisfied.’’ but only 25% of those chial school tuition, to a maximum of $2,250. groups did not differ significantly with re- in public schools were. The amount is slightly more than a third of spect to ethnicity, family size, religion, or Our other findings provide powerful an- what the public school system spends annu- mother’s education or employment. But swers to many of the arguments raised by ally per pupil. those staying in public schools were more voucher opponents: Most students used the vouchers at Catho- likely to be in special education classes or Parents, especially poor parents, are not lic schools. But about a quarter of those who classes for the gifted. competent to evaluate their child’s edu- received vouchers—mostly those who could cational experience. But test scores from two not find another suitable placement—at- The vast majority of participants, 85 per- of the newly established choice schools just- tended two new independent schools set up cent, said their main reason for applying to ly parental enthusiasm. Choice students at- by advocates of the voucher program, known the voucher program was to improve edu- tending these schools, approximately 25% of as Hope schools. cation for their children. Other commonly the total coming from public schools, gained, The study found that those students, test- cited reasons were greater safety, location, on average, five percentile points in reading ed at the beginning and end of the school religion and friends. and 15 points in mathematics during the year, made significant academic strides, ‘‘I like to emphasize that parents said course of the school year. gaining 15 percentage points in math and 5 what was really important to them was aca- Choice schools don’t retain their students. In percentage points on reading tests, relative demic quality of the school,’’ said Professor fact, even though low-income, inner-city to the national norms. However, language Peterson, whose co-authors were Jay P. families are a highly mobile population, only scores declined 5 percentage points overall, Greene of the University of Texas and Wil- 7% of all scholarship recipients reported that and 19 points among first graders. liam G. Howell of Stanford University. ‘‘A they did not attend the same school for the The Cleveland schools have been troubled lot of people say low-income families don’t entire year. Among recipients new to choice for years; in 1955, the system was put under care about quality, that they choose schools schools the percentage was 10%. The com- state control when it ran out of money half- based on other factors, but that’s not what parable percentages for central-city public way through the year. Rick Ellis, a spokes- the parents say.’’ schools is twice as large.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1820 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 1997 Private schools expel students who cannot I can think of nothing that will encourage pa- years of providing spiritual guidance, counsel- keep up. But only 0.4% of the parents of tients to move into HMO's faster, so that they ing, and education to the south Bronx commu- scholarship students new to school choice re- are protected against the fear of this type of port this as a reason they changed schools nity. this fall. doctor extortion. The American Medical Asso- On September 20, the parish celebrated its Poor families pick their children’s schools on ciation supports the proposal, but it is an idea 100th anniversary in my south Bronx congres- the basis of sports, friends, religion or location, that must have been deviously planted in their sional district. On this joyful occasion, Arch- not academic quality. Yet 85% of scholarship association by a mole from the HMO lobbyÐ bishop John Cardinal O'Connor officiated at a recipients from public schools listed ‘‘aca- the American Association of Health Plans. demic quality’’ as a ‘‘very important reason’’ The proposal is pure greed wrapped in the Thanksgiving Mass. Parishioners joined to- for their application to the program. Second flag of freedom. gether in prayer to thank the Lord for the in importance was the ‘‘greater safety’’ to be Before the Congress is drowned in the rhet- parish's 100 years of fruitful service. found at a choice school, a reason given by 79% of the recipients. ‘‘Location’’ was oric of this issue, we should note the facts. To Holy Family Parish has a long and inspiring ranked third. ‘‘Religion’’ was ranked fourth, the extent that Medicare beneficiaries have history of perseverance and commitment to said to be very important by 37%. Friends trouble seeing doctors, it is almost totally due making a difference in the south Bronx. were said to be very important by less than to the fact that the cost is too much for the Through the years, the church has served a 20%. beneficiariesÐnot that Medicare doesn't pay vibrant community of people from many ethnic Private schools engage in ‘‘creaming,’’ admit- the doctor enough to allow the doctor to see ting only the best, easiest-to-educate students. backgrounds. But most applicants found schools willing to patients. In the late 1890's, Rev. Joseph S. Mechler accept them, even though a lawsuit filed by The latest data from the independent con- gressional advisory panelÐthe Physician Pay- saw the need to serve an emerging commu- the American Federation of Teachers pre- nity in the Bronx. In the fall of 1897, the cor- vented the program from operating until two ment Assessment CommissionÐshows that weeks before school started. When those who only 4 percent of all Medicare beneficiaries re- nerstone for the new church was laid, and by were offered but did not accept a scholarship ported having trouble getting health care in the Christmas of that same year the congregation were asked why, inability to secure admis- last year. About 11 percent had a medical celebrated their first mass in the new building. sion to their desired private school was only problem, but failed to see a physician, while Archbishop Michael Corrigan dedicated the the fourth most frequently given reason, mentioned by just 21% of the parents re- 12 percent did not have a physician's office as church in 1898. He lived in the basement of maining in public schools. Transportation a usual source of care. Roughly 10 percent of the parish and served his community until his problems, financial considerations and ad- Medicare beneficiaries delayed care due to final years. missions to a desired public school were all cost. Considering all four access measures, Since 1903, eight pastors have faithfully mentioned more frequently. (Cleveland has about 26 percent of Medicare beneficiaries served the parish. Among them was Father magnet schools that may have opened their cited experiencing at least one of these prob- doors to some scholarship applicants.) Urban Nageleisen, who served the church for The data from Cleveland have some limita- lems. 37 years, until his death in 1949. He was a tions, because the program was not set up as PhysPRC reports that from their surveys of those who failed to see a physician for their friend and spiritual adviser to the growing Ger- a randomized experiment. Yet the compari- man immigrant community of the time. Under sons between scholarship recipients new to serious medical problem, 43 cited cost as the choice schools and those remaining in public reason. About 8 percent of those who failed to his pastorate, the church also established a schools are meaningful. That’s because, with see a physician could not get an appointment school for children with the help of the Sisters respect to most of their demographic charac- or find an available physician. For another 8 of St. Agnes. teristics—such as mother’s education, moth- percent, transportation was the problem, 13 During the difficult years of the Depression, er’s employment, and family size—the fami- lies of scholarship recipients did not differ percent felt there was nothing a doctor could the church continued serving the faithful and from those remaining in public schools. In do, and 11 percent were afraid of finding out the congregation actually grew in numbers. fact, the voucher recipients actually had what was wrong. With the passing away of Father lower incomes than the group to which they In another words, Congress is preparing to Nageleisen, Father John Mechler assumed the were compared. let doctors charge patients infinitely higher Cleveland’s success at school choice should leadership of the church. During those years, fees because less than 1 percent of all Medi- the church and the convent that housed the not remain an exception to public schools’ care beneficiaries had trouble finding a doc- monopoly on education. If members of Con- Sisters of St. Agnes were both very deterio- torÐperhaps they lived in a rural area, etc. gress care at all about the education of poor rated. Pastor Mechler proposed and raised the Yet over 5 percent of Medicare's nearly 40 children living in the innercity, they should funding to build a new convent and a new million beneficiaries could not get to a doctor approve the voucher legislation for Washing- church in the south Bronx. The new parish ton now before them. because they didn't have enough moneyÐand kept the original cornerstone. f Congress is silent. Mr. Speaker, a humane Congress, a com- Throughout its history, the Holy Family Par- PEOPLE HAVE TROUBLE SEEING passionate Congress, a logical, rational Con- ish has been responsive to the changing DOCTORS BECAUSE THEY DON’T gress would put five times as much effort into needs of its community. In 1981, the parish HAVE ENOUGH MONEY—NOT BE- addressing the problem of doctors costing too celebrated their first mass in Spanish in rec- CAUSE MEDICARE PAYS DOC- much as it would in addressing what may be ognition of the growing Hispanic community, TORS TOO LITTLE a 1-percent problem of a few doctors wanting which had become an integral part of the to get paid more. church. In addition, the lower part of the HON. FORTNEY PETE STARK Where are our priorities, Mr. Speaker? A church has been transformed into a meeting OF CALIFORNIA vote to let doctors, the richest 1-percent in- place for senior citizens, where hot lunches, IN THE HOUSE OF REPRESENTATIVES come group in our Nation, charge the sky's recreational activities, and medical services Tuesday, September 23, 1997 the limit, while ignoring the needs nearly 2 mil- are provided. lion seniors who find doctors already too ex- Mr. STARK. Mr. Speaker, the just-enacted Today, Father James D. Flanagan leads the Balanced Budget Act includes a provision that pensive is a shameful vote. f church. After 100 years, the church continues allows doctors not to participate in Medicare to be a catalyst of positive change in our com- for 2 years at a time, but instead to private TRIBUTE TO HOLY FAMILY munity. Over 700 children are currently en- contract with patients so that they can charge PARISH rolled in the school, which educates students these patients much more than the Medicare from kindergarten to eighth grade. In addition, fee schedule. ´ There is now a move underway to strike the HON. JOSE E. SERRANO hundreds of members of the community have 2-year requirement and let doctors do wallet OF NEW YORK grown in their faith. biopsiesÐdecide on a patient-by-patient basis IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, I ask my colleagues to join me whether they are going to ask patients to give Tuesday, September 23, 1997 in recognizing Holy Family Parish for its 100 up their Medicare rights and insurance and Mr. SERRANO. Mr. Speaker, I rise today to years of history at the service of the south pay the extra in an individual private contract. pay tribute to Holy Family Parish for its 100 Bronx community. September 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1821 AUTHORIZING USE OF CAPITOL In June 1974, a large crowd gathered for Flyers. They have been world-wide travelers, ROTUNDA TO ALLOW MEMBERS the ground breaking to begin construction of goodwill ambassadors, and advocates for his- OF CONGRESS TO RECEIVE HIS this facility. The first patient was admitted in toric Mission San JosÂe. ALL HOLINESS PATRIARCH BAR- December 1977, realizing a dream and long- Keith and Anne Medeiros set a new stand- THOLOMEW term goal of former Congressman Jerry Pettis. ard as innkeepers for those whose travels Jerry Pettis was a good man and a close per- took them to the Bay Area. Their hospitality SPEECH OF sonal friend. Today, his legacy lives on was a welcome respite for travelers. HON. PATRICK J. KENNEDY through the commitment and fine work of the On September 22, 1997 the friends and col- OF RHODE ISLAND men and women who strive to serve our veter- leagues of Keith and Anne Medeiros will honor IN THE HOUSE OF REPRESENTATIVES ans with great care and respect. Jerry Pettis their many years of community service. I join my neighbors as they extend a thank you to Tuesday, September 16, 1997 would certainly be proud of this fine institution and the many worthy people it serves. Keith and Anne for all they have done for Fre- Mr. KENNEDY of Rhode Island. Mr. Speak- The Pettis VA Medical Center has 125 mont. er, I submit this statement in support of House acute care beds and 106 nursing home beds. f Concurrent Resolution 134 authorizing the use With a budget of approximately $109 million, TRIBUTE TO ST. RAYMOND of the Capitol rotunda for a ceremony for His over 600 volunteers, and over 1,200 employ- NONNATUS PARISH All Holiness Ecumenical Patriarch Bartholo- ees, the facility last year alone, had over mew, the 270th Archbishop of Constantinople 6,500 admissions and over 230,000 outpatient ´ and new Rome on October 21, 1997, from 11 visits. Working closely with Loma Linda Uni- HON. JOSE E. SERRANO a.m. to 12 noon. versity in many areas of clinical research and OF NEW YORK The Ecumenical Patriarch occupies the fore- study, the medical center continues to conduct IN THE HOUSE OF REPRESENTATIVES most position among the National critical work in a variety of scientific dis- Tuesday, September 23, 1997 Autocephalos Orthodox Churches worldwide ciplines. and has the responsibility to coordinate the af- Mr. SERRANO. Mr. Speaker, it is an honor In addition, the Pettis VA Medical Center fairs of the Russian, Eastern Europe, Middle, for me to pay tribute to the Parish of St. Ray- has vigorously explored ways of providing the and Far Eastern churches. Worldwide, the Pa- mond Nonnatus, which yesterday celebrated best possible service to the more than triarch is the spiritual leader of 300 million Or- 100 years of serving the community in my 290,000 veterans in Riverside County and San thodox Christians of which 5 million reside in South Bronx congressional district. Bernardino County. The recently opened the United States. The parish was named after a 13th century Victorville outpatient clinic, for example, has Therefore, it is important that Members of Spanish mercedarian and cardinal. It is lo- greatly improved access to primary care for Congress, as leaders of a nation that was built cated at 1759 Castle Hill Avenue, in the thousands of veterans in California's high on religious freedom and tolerance, have an Bronx. desert region. opportunity to receive and honor one of the A mass of Thanksgiving offered by Arch- Mr. Speaker, I ask that you join me and our world's preeminent religious leaders. Ecumeni- bishop John Cardinal O'Connor opened the colleagues in paying special tribute to the cal Patriarch Bartholomew not only promotes ceremonies of the parish's 100th anniversary. Jerry L. Pettis Memorial VA Medical Center on peace and religious understanding throughout The church belongs to the family of parishes its 20th anniversary. All of us owe a tremen- the world, but he is also profoundly committed that were established in the late 1890's in dous debt of gratitude to our veterans, and we to preserving and protecting the environment. New York City; among them is Holy Family also owe a special thanks to the memory of Today, as the 270th successor to Apostle An- Parish, which this year also celebrates its our good friend and former colleague, for drew, His All Holiness continues efforts on be- 100th anniversary. whom this facility is named. To both Jerry The origins of St. Raymond Nonnatus Par- half of religious freedom and human rights. In closing support, is an expression of ap- Pettis, and our veterans, Congress thanks ish date back to 1843. A small church was preciation to the members of the Hellenic Cau- youÐand salutes youÐon this historic day. erected under the leadership of Bishop John cus for their advocacy of this resolution as f Hughes. In the 1890's Father Edward McKen- well as H.R. 2248, the recommendation to na saw the church in poor condition and de- IN HONOR OF KEITH AND ANNE cided to erect a new building. The church was award the Patriarch with a Congressional Gold MEDEIROS Medal, of which I am a proud cosponsor. H.R. built in 1897 in a beautiful Byzantine style, with wonderful stained-glass windows. 134 as introduced by BILIRAKIS from Florida, is Since its beginnings, the church has served a measure which provide the occasion to re- HON. FORTNEY PETE STARK OF CALIFORNIA a multiethnic community. In the early 1900's ceive such an individual of high character and Catholics from all over Europe were members moral standing as His All Holiness in a man- IN THE HOUSE OF REPRESENTATIVES of the congregation. More recently, African- ner befiting their rank and title. Tuesday, September 23, 1997 Americans and members of the Hispanic and f Mr. STARK. Mr. Speaker, today I rise to Asian communities have joined the parish. A TRIBUTE TO THE JERRY L. commend Keith and Anne Medeiros for their In 1908, under the pastorate of Father PETTIS MEMORIAL VETERANS distinguished careers of service to the commu- McKenna, a school was established to edu- AFFAIRS MEDICAL CENTER nity of Fremont, California. For 42 years, Keith cate the children of the community. In the and Anne lived in the Fremont area. In that 1950's, Father Thaddeus Tierney oversaw the HON. JERRY LEWIS time, they consistently worked to make our construction of a new school of accommodate community a better place. Both have been OF CALIFORNIA the growing number of students. Even today, dedicated to the field of education as elemen- IN THE HOUSE OF REPRESENTATIVES it remains one of the best equipped elemen- tary school teachers. Keith Medeiros also tary schools in the Nation. Tuesday, September 23, 1997 served as school principal, and as a member In addition, two other schools were estab- Mr. LEWIS of California. Mr. Speaker, I of the Alameda County Board of Education. lished, the Boy's High School in 1958, and St. would like to bring to your attention the fine Anne Medeiros taught English as a second Raymond's Academy for Girls in 1960. A con- work and outstanding public service of the language. vent, a rectory and a cemetery are also inte- Jerry L. Pettis Memorial Veterans Affairs Medi- Their service to the community has been di- gral parts of the parish. cal Center in Loma Linda, CA. As the chair- verse. Keith Medeiros worked as an Indian Since the 1970's a social ministry was ex- man of the House Appropriations Subcommit- Guide Dad, a Pathfinder Toastmaster, a panded to better serve the needs of the com- tee that provides funding for veterans pro- Chamber of Commerce activist, a Fremont munity. Monsignor Henry J. Vier added a grams, including veterans medical care, I am Rotarian, an on and off stage actor and toast- Spanish mass to the Sunday schedule. He especially proud of this facility at this historic master, and a Washington Township Men's also established the Bronx Association for moment. On Thursday, September 25, this Club member. Anne Medeiros served the Special Education, the Archdiocesan Drug Ad- fine facility will celebrate 20 years of service to community as a representative for Congress- diction Program and the East Bronx Hunger veterans who live and work in southern Cali- man Don Edwards, and as a board member Program. fornia. My dear friend and predecessor in for the Serra Center and the Committee to Re- Through the years, the church has been Congress, Shirley Pettis Roberson, will ad- store the Mission. They shared their talents as renovated several times. It now houses a dress those attending this very special cere- members of the Fremont Gourmet Club, the magnificent marble alter, a great canopy, and mony at the medical center. Fremont Dance Club, and the Fremont Kite an organ. E1822 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 1997 Today Father Charles Kavanagh leads the Louisiana’s Department of Environmental May on grounds of environmental injustice, church. He is the 16th pastor of St. Raymond Quality—charged by the EPA to regulate one investor—Northern States Power—has Nonnatus Parish. The parish now provides the state industry—found in May that announced that it will pull out after a seven- Shintech’s plans satisfied the state’s de- year (and counting) regulatory process. ‘‘At community with various social services, includ- manding emissions standards. But some point these companies just throw up ing the Family Outreach and Youth Program, Greenpeace and its allies, determined to stop their hands in frustration,’’ sighs Mary St. Raymond's Head Start, an expanded East the plant, invoked President Clinton’s 1994 Boyd, a spokeswoman for the Claiborne facil- Bronx Hunger Program, the After School Pro- executive order on environmental injustice, ity. gram, and the senior center. which compels federal agencies to consider For the residents of Convent, eager for the Mr. Speaker, I ask my colleagues to join me whether minorities bear an unfair burden in 165 jobs and $5.6 million in school revenue in recognizing the Parish of St. Raymond the location of industrial facilities. that the Shintech plant will bring, the EPA’s Nonnatus for its glorious history and service to In Convent, the charge of environmental obstruction is unconscionable. ‘‘Why do racism is laughable. Louisiana has actually our South Bronx community. these people want to take away our jobs?’’ practiced economic affirmative action by de- asks Gladys Maddie. ‘‘If we run Shintech f claring the area a state enterprise zone. The away, we’re finished.’’ state encouraged Shintech to locate in Con- WHAT IS JUST ABOUT vent, offering it tax breaks in return for hir- f ENVIRONMENTAL JUSTICE ing 35% of its work force from the surround- ing population. Shintech operates a similar PERSONAL EXPLANATION HON. NEWT GINGRICH plant in Freeport, Texas, a prosperous, most- ly white Gulf Coast city south of Houston. HON. BOB CLEMENT OF GEORGIA When Convent residents, including Ms. OF TENNESSEE IN THE HOUSE OF REPRESENTATIVES Maddie and Ms. Gaudlin, visited Freeport earlier this year, they saw a standard of liv- IN THE HOUSE OF REPRESENTATIVES Tuesday, September 23, 1997 ing they’d like to bring home. Tuesday, September 23, 1997 Mr. GINGRICH. Mr. Speaker, I would like to Ms. Maddie’s brother Roosevelt Teroud does backbreaking seasonal labor in Con- insert into the RECORD and encourage Mem- Mr. CLEMENT. Mr. Speaker, on rollcall vote vent’s sugarcane fields for $6 an hour. To bers to read the following editorial by Henry No. 415, I was unavoidably detained on official him, Shintech’s more stable $12- to $15-an- business. Had I been present, I would have Payne which appeared in the Wall Street Jour- hour jobs look like an opportunity, not an voted ``aye.'' nal on Tuesday, September 16, 1997. injustice. And the cultivation of sugarcane f ‘ENVIRONMENTAL JUSTICE’ KILLS JOBS FOR entails environmental hazards of its own: THE POOR fields sprayed with insecticides and the re- sulting runoff that pollutes local water. Con- TRIBUTE TO THE 125TH ANNIVER- (By Henry Payne) vent residents understand that industrial de- SARY OF THE NORTH JERSEY Last Wednesday the Environmental Pro- velopment entails environmental trade-offs, HERALD AND NEWS tection Agency delayed its approval of a pro- but they also think industry is their key to posed plastics plant in the predominantly a better future. ‘‘The big plants up the river black southern Louisiana town of Convent. came in and gave those communities oppor- HON. BILL PASCRELL, JR. It was the EPA’s first ruling based on the tunities,’’ says Nanette Jolivette, a lawyer OF NEW JERSEY idea of ‘‘environmental injustice’’ or ‘‘envi- representing Convent resident, ‘‘My clients IN THE HOUSE OF REPRESENTATIVES ronmental racism’’—the claim that polluting want the same opportunity.’’ industries locate in minority areas because Forty-five miles away, the taxpayer-sub- Tuesday, September 23, 1997 their residents are politically powerless to sidized Tulane University Environmental stop them. ‘‘It is essential that minority and Law Clinic represents plant opponents before Mr. PASCRELL. Mr. Speaker, I would like to low-income communities not be dispropor- the EPA. I asked Tulane lawyer Lisa Lavie call to your attention the momentous occasion tionately subjected to environmental haz- what the citizens of Convent can do about of the 125th anniversary of New Jersey's ards,’’ EPA Administrator Carol Browner economic development if her side wins. Her North Jersey Herald and News. wrote in her decision obstructing Shintech reply: ‘‘That area has some beautiful old The Herald and News had its beginning in Inc.’s plans for a $700 million manufacturing plantations. They could build a cultural 1872. Debuting as a weekly newspaper, the facility. tourism industry.’’ Herald and News has a storied and remark- But if Ms. Browner had bothered asking ‘‘That’s horrible!’’ Carol Gaudin gasps. able history which has impacted the people of the residents of Convent what they think, it ‘‘My ancestors were slaves on those planta- would have been clear that the injustice is tions. These white opponents don’t under- northern New Jersey. For more than 125 being perpetrated not by industry but by en- stand—we don’t want to remember our past. years, the Herald and News has stood as a vironmental elitists and their political al- We want a future.’’ symbol of the character of its loyal readers. lies, who falsely claim to represent local Aligned against media-savvy, full-time en- The commitment and dedication shown by its citizens while promoting their own ideologi- vironmentalists and their Washington allies, founders and its ability to adapt to a changing cal agenda. ‘‘None of these people are speak- Convent residents know they have an uphill world have made the newspaper an important ing for our community,’’ says Carol Gaudin, battle. They’re not getting much help from part of Passaic County's history. a black resident of Convent and the orga- the national black leadership. Lobbied by The Herald and News has always main- nizer of a local pro-Shintech group, the St. Greenpeace, both the Rev. Jesse Jackson and James Citizen Coalition. ‘‘These environ- the Rev. Joseph Lowry of the Southern tained a respected, balanced, and detailed mental groups never came here and asked me Christian Leadership Conference spoke out coverage of the people and events which have if I wanted the plant. They can’t just come against the plant this summer. been brought to life on the pages each day. in here and take it from us.’’ ‘‘They blatantly ignored the opinions of all The Herald and News is more than just a Gladys Maddie, a black mother who lives the local elected African-American offi- newspaperÐit is an institution in the everyday within a mile of the plant’s proposed loca- cials,’’ says an outraged Ms. Jolivette, not- life of northern New Jersey. It has a heritage tion, agrees. ‘‘We have witnessed groups such ing that neither Mr. Jackson nor Mr. Lowry unique in the annals of American journalism as Greenpeace descend on [Convent] like a contacted Convent’s local councilmen, all of and American history. The men and women plague of locusts,’’ she wrote to the local whom voted in favor of the plant. who make the newspaper today are proud of newspaper. ‘We find the exploitative use of The EPA didn’t give environmentalists ev- the color of our skin and our socio-economic erything they wanted. They had hoped for a its glorious traditions and continue to build on condition sickening and insulting.’’ firm definition of environmental racism that this impressive legacy. A recent poll by the local NAACP chapter would set a plant-killing precedent for other Mr. Speaker, I would like for you to join me, found that 73% of the people in the black such cases. The EPA only called for more our colleagues, the men and women of the communities near the proposed plant favor study; it did not kill the Shintech plant out- Herald and News, and the people of northern it. But the Clinton administration is listen- right. But the opponents’ strategy seems to New Jersey in recognizing the North Jersey ing instead to the radical environmental follow a common pattern: Throw up enough Herald and News' 125th anniversary. As we group Greenpeace, which has waged a long bureaucratic roadblocks and Shintech will war against the plastics industry. eventually give up. celebrate the 125 years of its service to the Greenpeace has offered its political and orga- Sadly, this strategy works. In Claiborne community, it is only proper that we extend nizational muscle to the small group of Parish, La., where the federal Atomic En- our heartfelt congratulations on a remarkable mostly middle-class Convent residents who ergy Board held up construction of a $850 tradition and best wishes for continued suc- oppose the plant. million nuclear fuel enrichment facility this cess and prosperity well into the new century. September 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1823 ALABAMA TEACHER IN BOSNIA the collaboration of Federal, State, and local tient $12,000 for the injection of a massive AND HERZEGOVINA HELPS DE- governments. dose of aloe vera into the stomach in order to VELOP SUPPORT FOR DEMOC- Throughout its 30 years of service, the cen- combat lung cancer. The investigation is due RACY AND FREE ELECTIONS ter has been a model of excellence in provid- to the fact the man died in the doctor's office ing our community with quality health care, after the injection. Medicare does not cover HON. TERRY EVERETT counseling, substance abuse services, edu- quackery. It does not pay $12,000 for an injec- OF ALABAMA cation, training, child care, and housing serv- tion. But this man and this doctor had a pri- IN THE HOUSE OF REPRESENTATIVES ices. vate contract. There will be a lot more of this With the collaboration of a qualified staff, murderous nonsense if the Kyl amendment Tuesday, September 23, 1997 the center expanded its network to include ad- succeeds. Mr. EVERETT. Mr. Speaker, I am proud to ditional services in conjunction with other local [From the Washington Post, Sept. 23, 1997] recognize Joan Byington Stough of my con- organizations and medical centers. Among VA. DOCTOR’S TREATMENT OF MAN WHO DIED gressional district, who participated in these are: the South Bronx Mental Health IS SCRUTINIZED CIVITAS@Bosnia and Herzegovina, an inten- Council, the Lincoln Medical and Mental (By Leef Smith) sive program from August 1±17, 1997, de- Health Center, United Bronx Parents, the A Texas man who had lung cancer died in signed to train teachers from throughout Bronx Perinatal Consortium, the New York the spring in the office of a Manassas physi- Bosnia and Herzegovina with materials and State Division of Parole, the Osborne Associa- cian to whom he had gone for a costly intra- methods developed to educate for democracy. tion, Argus Community, and the Bronx-Leb- venous treatment that is not officially sanc- Joan Byington Sough is a counselor-teacher anon Hospital Center. tioned but that he hoped would save his life, according to Virginia State Police. at Dalraida Elementary School in the Mont- Highlights of the 30th anniversary celebra- The man, Clarence Holland Lander, 83, be- gomery County School System, Montgomery, tion were the inauguration of a new health came ‘‘violently ill’’ shortly after the $12,000 AL. center and dedications for a new Head Start treatment was administered, and he died Ms. Stough was part of a team of 20 Amer- Center and the South Bronx School of Tech- May 17, according to records in Prince Wil- ican educators who were assigned to 16 loca- nology. It also featured a community parade, liam County Circuit Court. tions throughout Bosnia and Herzegovina, in- an ethnic festival, and performances by many The physician, Donald L. MacNay, an or- thopedic surgeon, is under investigation in cluding the Republika of Srpska. The Ameri- artists, including Tito Puente. connection with Lander’s death and with the cans teamed with 18 teachers from the Coun- The achievements of the Hunts Point Multi- treatment allegedly employed—intravenous cil of Europe in nine of these sites. This edu- Service Center are measured by the people it administration of ‘‘a concentrated form of cation for program reached 550 teachers from has served. Thousands of residents have aloe vera and other substances,’’ police said. both entities of Bosnia and Herzegovnia. been employed and benefited from the cen- Aloe vera, a cactus-like member of the lily The summer training program was devel- ter's education and training programs. And family, is known to have some healing prop- oped by the Center for Civic Education, which hundreds of thousands of people, from chil- erties. Police said that their investigation is con- supplied me with this information, as part of a dren to senior citizens, have received quality tinuing and that MacNay has not been major civic education initiative in Bosnia and health care. charged with any offense. MacNay, who in- Herzegovnia supported by the U.S. Informa- Mr. Speaker, it is a privilege for me to honor vestigators said still is licensed to practice tion Agency and the United States Department the family and friends of the Hunts Point Multi- medicine, did not return phone calls to his of Education. It built on a program which Service Center, Inc. for their 30 years of suc- Manassas office yesterday. began in 1996. I am told that the U.S. Infor- cess and dedication serving the South Bronx An assistant to MacNay, Ronald Ragan mation Service in Sarajevo provided valuable community. Sheetz, 41, of Manassas, was arrested Thurs- day and charged with nursing without a li- assistance to the program. The goals of the f cense. According to an affidavit that accom- program are to provide teachers with the tools IN 1995, MEDICARE PAID 393 DOC- panied the request for the arrest warrant, necessary to help prepare students and their MacNay ordered Sheetz to give Lander the communities for competent and responsible TORS MORE THAN $1 MILLION aloe vera injection. citizenship, including participation in elections FOR SERVICES; 3,152 DOCTORS ‘‘This procedure was carried out by the and other opportunities to take part in the po- RECEIVED BETWEEN $500,000 AND subject believed to be Ronald Sheetz who has no medical license of file, under Dr. litical life of their communities. Achieving this $1,000,000. NOW A GREEDY FEW WANT MORE MacNay’s direction and presence,’’ the war- goal will contribute to the reconstitution of a rant states. State Police spokeswoman Lucy sense of community, cooperation, tolerance Caldwell said MacNay also is under inves- and support for democracy and human rights HON. FORTNEY PETE STARK tigation in connection with Sheetz’s action. in this war torn area. OF CALIFORNIA ‘‘We’re looking into questionable medical Mr. Speaker, I wish to commend Joan IN THE HOUSE OF REPRESENTATIVES practices, drug transactions and suspicious Byington Stough for her dedication and com- cancer treatments of this doctor’s office,’’ Tuesday, September 23, 1997 Caldwell said. ‘‘At this time we’re trying to mitment during the summer training program. Mr. STARK. Mr. Speaker, the Medicare determine how wide-reaching the practice Her work is helping to achieve the overall ob- here may be. It’s still too early to say.’’ jective of building democracy in Bosnia and agency tells me that in 1995, Medicare paid A spokeswoman for the U.S. Food and Drug Herzegovina. 393 doctors more than $1 million for services; Administration said that the intravenous f 3,152 doctors received between $500,000 and aloe vera treatment has not been approved $1,000,000. Now a Greedy Few want more. by the agency and that officials with the Na- TRIBUTE TO HUNTS POINT MULTI- Despite the ability of doctors to make a for- tional Cancer Institute said they are not SERVICE CENTER, INC. tune from Medicare by providing lots of serv- studying aloe in connection with cancer treatment. ices to beneficiaries, a few doctors are push- At the same time, the healing properties of HON. JOSE´ E. SERRANO ing an amendment by Senator KYL to let doc- aloe are being studied by researchers explor- OF NEW YORK tors privately contract with Medicare benefits. ing alternative medicines to treat diseases, IN THE HOUSE OF REPRESENTATIVES Strip away the rhetoric, and a private con- and papers and advertisements about oral tract is a contract between a doctor who holds aloe-based concentrates are found easily on Tuesday, September 23, 1997 his life in your hands in which he demands the Internet. Experts say that as many as 50 Mr. SERRANO. Mr. Speaker, I rise to pay that your give up your Medicare benefits and percent of the cancer patients in the United tribute to the Hunts Point Multi-Service Center, that you promise not to file a claim with Medi- States try some kind of therapy that is not officially sanctioned. Inc., for 30 years of service to the South care. Instead, you agree to let him charge you Such treatments include special diets, vi- Bronx community. The anniversary was cele- anything he wantsÐbecause you are des- tamins, mental imagery, wearing magnets, brated on September 14 at 630 Jackson Ave- perate for your health. We like to think of con- coffee enemas and consuming cartilage and nue, in my South Bronx congressional district. tracts between equals, negotiated fairy. There oil from sharks. Ramon S. Velez, the center's founder and is no equality, there is no fairness in these Lander’s son, James Lander, said that his president, understood the need to establish a contracts. father was in excellent health before the ter- minal cancer was diagnosed and that he center that could provide South Bronx resi- Want an example of a private contract? jumped at the chance to beat the disease. He dents with a wide variety of services right in Look at today's Washington Post, page B±3, said his father learned about the aloe treat- the community. The Center started as a Fed- where a doctor in Manassas, VA is being in- ment from reading an article and found eral demonstration project, established with vestigated for charging a Medicare-eligible pa- MacNay through word-of-mouth referrals. E1824 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 1997 ‘‘The treatment gave him hope,’’ James With this change in the Bankruptcy Code, The long-term health of America's forest is Lander said. ‘‘He completely brightened up. the bankruptcy system would protect consum- threatened by wildfire, disease, insect infesta- You could just see it. I’m sure he thought it ers in financial difficulty without unfairly impos- tions, and the loss of habitat. would cure him or he wouldn’t have gone to Virginia’’ from his home in Waco, Tex. ing inappropriate additional costs and burdens Each region of the country has significant In a search warrant affidavit filed Friday on consumers who continue to pay their and unique forest health problems requiring in- in Circuit Court, investigators said they debts. The Responsible Borrower Protection dividualized and carefully tailored remedies. were seeking ‘‘patient files and other records Bankruptcy Act recognizes that individuals A tremendous body of scientific knowledge related to appointments and [the] treatment who file for bankruptcy should receive the exists that both documents declining forest of other patients who have received this amount of debt relief they truly needÐno more conditions, and promotes strategies for land treatment and have both lived and died.’’ managers to restore and recover vulnerable An affidavit was filed yesterday in Fairfax and no less. County Circuit Court to obtain a search war- All consumers should benefit from this legis- forest resources. rant for an office in Annandale that police lationÐevery consumer pays higher prices for Delayed or passive management of our for- said MacNay opened in July. goods and services and higher interest rates ests will certainly result in log-term resource Sheetz was released from jail on personal as a result of bankruptcy losses. Enactment of damage. The most effective way to reverse recognizance. If convicted of the felony the Responsible Borrower Protection Bank- this grave trend is through active, scientific, charge, he could be sentenced to up to five ruptcy Act will reduce the level of those bank- timely management. years in prison. ruptcy losses, thereby reducing the cost of The Chief of the Forest Service has testified f credit for all consumers. that 40 million acres of national forest are at THE RESPONSIBLE BORROWER Also benefiting from this reform will be bor- imminent risk of being lost to catastrophic PROTECTION BANKRUPTCY ACT rowers who pose some risk for lenders. The wildfire. Yet, we are investing just $50 million ease of filing for chapter 7 relief today discour- per year in on-the-ground wildfire prevention, HON. RICK BOUCHER ages the making of loans to these creditworthy while spending as much as $1 billion per year but somewhat marginal borrowers. Honest, fighting wildfire. OF VIRGINIA well-intentioned low-income consumers will This is backward. Unless we invest more in IN THE HOUSE OF REPRESENTATIVES find greater opportunities to obtain credit when prevention, wildfires will continue to increase Tuesday, September 23, 1997 our legislation is enacted. in frequency and intensity, destroying human Mr. BOUCHER. Mr. Speaker, I am pleased I am pleased to be an original cosponsor of life and property and degrading habitat, water- to join with my friend, BILL MCCOLLUM, in intro- this legislation and will work closely with my shed values, and the quality of our air and ducing the Responsible Borrower Protection colleague, Mr. MCCOLLUM, to ensure its pas- water. Bankruptcy Act. This legislation is intended to sage. The Forest Recovery and Protection Act ensure that our personal bankruptcy laws op- f sets forth a strategy that will assist the Forest erate fairly, efficiently, and free of abuse. Service in rolling up its shirt sleeves and tack- Today's consumer bankruptcy system is INTRODUCTION OF THE FOREST ling chronic forest conditions in an organized fundamentally flawed. The Bankruptcy Code RECOVERY AND PROTECTION and timely way and within the parameters of makes virtually no attempt to calibrate the ACT OF 1997 all existing environmental laws and forest level of bankruptcy protection to the level of plans. each debtor's need. Rather, it allows a debtor HON. ROBERT SMITH This legislation creates a national, 5-year to discharge debts even if the debtor can OF OREGON program to restore forest health by directing repay those debts. Currently, about 70 percent IN THE HOUSE OF REPRESENTATIVES the Forest Service to systematically identify of bankruptcy filers use chapter 7, which has and prioritize forest recovery areas at greatest Tuesday, September 23, 1997 no provision for debt repayment even if the risk of loss to wildfire, insect infestations and filer can repay. Only 30 percent use chapter Mr. SMITH of Oregon. Mr. Speaker, today, disease, and conduct recovery projects in 13, which sets up repayment plans. At I am introducing the Forest Recovery and Pro- these areas. present, individuals with significant income tection Act of 1997 to address the grave forest To assist the agency in identifying and rank- and the ability to repay some of their debts health problems that exist, not only in my ing the areas at greatest risk, a new scientific can obtain the same full discharge of debts as home State of Oregon, but across the United panel is established in an advisory capacity. individuals with little or no income and assets. States. Because adequate monitoring of management Our legislation addresses this problem by I am delighted to be joined by Representa- activities is so important, this panel is also requiring that a debtor demonstrate that he or tive CHARLIE STENHOLM, ranking Democrat on charged with providing recommendations on a she actually needs bankruptcy relief and, if so, the Agriculture Committee, Representative monitoring plan for the national program. provides only the amount of relief that is need- LARRY COMBEST, who chairs the Subcommit- Prior to implementation of the 5-year pro- ed. This needs-based system would create a tee on Forests, Resource Conservation and gram, the bill directs the agency to implement simple formula, based on a debtor's income Research, as well as Representatives BISHOP, advance forest recovery projects. These and obligations, to determine exactly how CALLAHAN, EMERSON, and PETERSON (PA), projects will proceed in areas where the risk of much relief the debtor needs. Individuals with who are original cosponsors of the bill. A com- destruction to human life and property or of no means to repay their debts could file for panion to this bill will also be introduced in the serious resource degradation is obvious and bankruptcy under chapter 7, thereby obtaining Senate by Senator GORDON SMITH of Oregon. imminent and where extensive scientific as- complete debt relief and a fresh start. Individ- That this bill enjoys bipartisan support in the sessments have already been completed, and uals who can repay a portion of their debts House, and equally substantial support in the treatments can be designed and implemented would file under chapter 13 and begin a re- Senate, indicates both the significance of our quickly. payment plan based on what they can afford. growing forest health crisis and the commit- The bill also provides a new source of fund- Recognizing that an individual's circumstances ment of Members in both Chambers of Con- ing to assist the Forest Service in implement- can change, the legislation also requires a gress and on both sides of the aisle to ad- ing advance recovery projects and administer- periodic review of a debtor's financial situation dress the issue in a productive and coopera- ing the national program. In order to maximize so the repayment can be adjusted if nec- tive way. agency accountability for the use of this new essary. This bill is the result of six Agriculture Com- funding, the bill requires that the fund's avail- The legislation also imposes a number of mittee hearings on the health of America's for- ability be tied to timely decisionmaking and re- procedural reforms to improve the bankruptcy est, in which the committee listened to and porting by the agency. This will create an in- process. It streamlines bankruptcy proceed- learned from the administration, scientists, centive for the agency to act in a time-sen- ings so that they are more efficient for all par- academics, lawmakers, State foresters, land sitive and responsible manner. ties involved. It requires that debtors receive managers, environmentalists, and the forest The bill sets a standard of accountability for information about alternatives to bankruptcy, products industry. the agency consistent with the requirements of including credit counseling. Educating con- It establishes a nationwide, scientific, orga- the Government Performance and Results Act. sumers about their options should help to nized, efficient, and timely strategy for ad- The Forest Service is required to report both spare many consumers from the bankruptcy dressing forest health concerns in all regions to Congress and the American public on the process, since many creditors are willing to of the country. This legislation is desperately results achieved by the projects conducted create alternative repayment programs with needed, because, as our hearing record at- under this act. In addition, the USDA Inspector people in financial distress. tests: General and the General Accounting Office September 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1825 are required to conduct a comprehensive audit from the community involvement of SMSU One of the compositions created by Richard of the national program to aid Congress in its where just last year students, faculty, and staff EguÈes, ``El Bodeguero'', was soon recorded by determination of whether to continue the pro- contributed more than 69,500 hours of com- Nat King Cole and other famous musicians. gram in the long term. munity service. SMSU students also are re- With the passing away of Rafael Lay, the Finally, the bill requires more frequent and sponsible for coordinating the nationwide ``Into orchestra's baton was passed on to Richard standardized inventories of forest lands the Streets'' program for the city of Springfield. EguÈes, and most recently to Lay's son, Rafael through an existing Forest Service program SMSU surveys alumni and faculty to assess Lay, Jr. called Forest Inventory and Analysis. This pro- the civic involvement and also studies other Throughout its 58 years of playing great vision will assist private, Federal, and other universities to learn their assessment tech- Afro-Cuban music, ``Orquesta AragoÂn'' has re- public land managers in planning and man- niques. corded over 700 tunes and recorded dozens agement decisions through the availability of While I know that students, faculty, and staff of LP's and CD's. It has also received numer- the best and more current scientific data. of SMSU will celebrate this award, the com- ous honors, including the Egrem's Grand Prize I look forward to receiving thoughtful and munity of Springfield and every parent whose for breaking record sales with its golden anni- constructive comment on this bill as it moves child is attending SMSU should as well. Em- versary recording, ``50 AnÄos de Oro.'' through the committee process. I am confident ployees can know that when they hire some- The orchestra continues to be acclaimed that, with a bipartisan effort in the Agriculture one with a degree from SMSU they can trust internationally. In 1992, it enjoyed great suc- Committee and the cooperation of the admin- them to be faithful employees of character and cess at the Carnival in Barranquilla, Colombia. istration, we will produce a finished plan of ac- good citizenship. Parents can be confident Mr. Speaker, it is with great pleasure that I tion for improving and protecting our country's that when they send their children to SMSU ask my colleagues to join me in recognizing forest resources both in the short term and for they will learn not only book knowledge but the exceptional talent of the ``Orquesta generations to come also the values needed to produce good char- AragoÂn'' and in wishing its members continued f acter. success. Finally may I add that we remember the f TRIBUTE TO SOUTHWEST words of Herbert Spencer when he said ``Edu- MISSOURI STATE UNIVERSITY HONORING THE HEROIC ACTS OF cation has for its object the formation of char- KIRK FISTICK acter.'' Thank you SMSU for making that your HON. ROY BLUNT object as well. HON. STENY H. HOYER OF MISSOURI f OF MARYLAND IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO ‘‘ORQUESTA ARAGO´ N’’ IN THE HOUSE OF REPRESENTATIVES Tuesday, September 23, 1997 ´ Tuesday, September 23, 1997 Mr. BLUNT. Mr. Speaker, I am pleased to HON. JOSE E. SERRANO Mr. HOYER. Mr. Speaker, I rise today to rise today to recognize an institution in south- OF NEW YORK recognize the heroic acts of a young man from west Missouri for promoting and laying the IN THE HOUSE OF REPRESENTATIVES my district. Kirk Fistick set aside his own fears foundation upon which character is built. The Tuesday, September 23, 1997 of disease and infection to save another life. institution I speak of is Southwest Missouri Mr. SERRANO. Mr. Speaker, I would like to What sets this courageous act apart is that it State University [SMSU] where I had the privi- submit the following tribute for publication in took place in Russia. By crossing both lan- lege to earn my master's in history. The award the CONGRESSIONAL RECORD. It was presented guage and cultural barriers with this remark- is the ``Templeton Foundation Honor Roll for on September 13, 1997, at a special event in able act, Kirk became an Ambassador for the Character Building Colleges.'' Some 135 insti- my South Bronx congressional district. United States. Kirk's heroic acts led the Boy tutions were selected out of 2,208 eligible uni- Mr. Speaker, I rise to pay tribute to one of Scouts of America to award him the Honor versities and colleges. More impressive is that the most famous orchestras of Cuban music Medal, an honor only given to 36 people in of the 6 percent of universities that were privi- of all timesÐthe ``Orquesta AragoÂn,'' from 1993. leged to receive this award, only eight were Cuba. ``Orquesta AragoÂn'' will perform on Sep- Kirk was one of 40 students selected by the public institutions and SMSU was the only tember 13 at a special event at Hostos Com- National Freedom Support Act Scholarship to public institution in Missouri to receive this munity College in my South Bronx congres- represent our country as a foreign exchange award. sional district. student in Russia. One day during his stay in In 1995, SMSU began a statewide mission Thousands of people are expected to attend Russia, he came across a man on the side of in public affairs that focuses on developing and enjoy the music of this world famous or- the road who had stopped breathing. Kirk traits within students that help them to become chestra. At this event, Andy MontanÄez, one of risked his own life to perform CPR three times responsible citizens. That is why it is no sur- Cuba's most talented composers and singers, before the ambulance arrived and was able to prise that SMSU would meet the standards will join the orchestra. The success of this keep him alive until he could receive medical needed to be recognized as a character build- event is a symbol of the close relationship that care. Kirk reminds us all, Russian and Amer- ing institution. Those standards considered as exists between the people of that Caribbean ican, that the Good Samaritan still exists determinants of the award are the extent to Island, the South Bronx community and be- today. which students are inspired to develop and yond. Kirk Fistick is the son of Robert and Patricia strengthen their moral reasoning skills, the en- ``Orquesta AragoÂn'' was founded in 1939 by Fistick who reside in Charlotte Hall, MD. Kirk couragement of spiritual growth and moral val- bass player Orestes AragoÂn. In 1945, violin has an exceptional list of accomplishments. In ues, community building experiences, a drug- player Rafael Lay became the director of the addition to recently being awarded the Honor free lifestyle and whether the institution con- orchestra at the age of 19. During the 1940's Medal, Kirk is an Eagle Scout and was award- ducts critical assessments of its character- and 1950's, it became the best orchestra of ed a National Certificate of Merit by the Boy building programs and activities. ``son'', ``mambo'', ``danzoÂn'', and ``cha-cha- Scouts of America for his help at the site of an SMSU begins to establish each of these val- chaÂ'' in Cuba. automobile accident. ues when students start their first year through As a publication in Cuba simply described it: Kirk's life has not been all fun and games. forums where nationally known role models ``Charanga bands were divided into two He had to endure a 2-year bout with Lyme emphasize personal responsibility and char- groups; in one was AragoÂn and, in the other, disease which he contracted during the sum- acter. Freshmen also attend a mandatory were all the rest.'' mer of 1993. At times during these 2 years he class that focuses on responsible citizenship That was the time when all radio stations in was so critically ill he could not walk or sit up in a learning community. This class teaches Havana carried AragoÂn music. This fact, and straight and required hospitalization or home that drug and alcohol abuse will not be toler- the signing of a recording contract with RCA- care, but Kirk is a fighter. Throughout his ill- ated but also demonstrates alternatives that Victor, assured the orchestra tremendous ness, he managed to achieve honor roll status encourage physical, social, and spiritual well- international success. and played ice hockey as part of his physical being. Frequent roundtable discussions focus The orchestra went on tour and gained the therapy. on incorporating principle values that help a hearts of fans in Europe, the Far East and the Mr. Speaker and colleagues, please join learning institution like SMSU flourish. More Americas. It has performed on famous stages with me in honoring this outstanding young than 20 religious organizations on campus are worldwide, including the Tchaikovsky Conserv- man for his many accomplishments and con- very active and play an influential role in stu- atory in Moscow and the Lincoln Center's gratulate him on being awarded the Honor dent life. The city of Springfield has benefited Avery Fisher Hall. Medal. E1826 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 1997 THE NUCLEAR WASTE POLICY ACT time to consider any bill in the Government PERSONAL EXPLANATION OF 1997 Reform and Oversight Committee or on the floor of the House. On today's calendar we HON. XAVIER BECERRA HON. LINDSEY O. GRAHAM are considering 15 pieces of legislation, in- OF CALIFORNIA OF SOUTH CAROLINA cluding a bill to study the feasibility of chang- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ing the U.S. quarter-dollar coin to commemo- rate all 50 states. While this idea may have Tuesday, September 23, 1997 Tuesday, September 23, 1997 some merit, it clearly is not as pressing an Mr. BECERRA. Mr. Speaker, on September Mr. GRAHAM. Mr. Speaker, I would like to issue as campaign finance reform. The trend 16, 1997, I was unavoidably detained during congratulate Chairman BLILEY and the Com- in this Congress, the last several months, has two rollcall votes: No. 398, on agreeing to the merce Committee for passing out of commit- been to investigate rather than legislate. Goodling amendment and No. 399, on agree- tee H.R. 1270, The Nuclear Waste Policy Act Today, unfortunately, we have decided to ing to the Hoekstra amendment. Had I been of 1997. commemorate rather than legislate. present for the votes, I would have voted Fifteen years ago the Department of En- Mr. Speaker, I and my constituents are tired ``yes'' on No. 398 and ``no'' on No. 399. ergy, under the Nuclear Waste Policy Act, was of hearing no as an answer. It is time to f given the responsibility of determining the best schedule campaignn finance reform for a vote. GAO’S OUTSTANDING RESULTS location for a centralized nuclear storage facil- ACT WORK ity and for readying it to receive irradiated fuel f by January 1998. The rate payers, our constituents, have fi- TRIBUTE TO THE CATHOLIC HON. RICHARD K. ARMEY nanced this operation at a cost of $13 billion. HOSPICE OF TEXAS We have built and tested shipping containers IN THE HOUSE OF REPRESENTATIVES and found them to be reliable and safe. Our Tuesday, September 23, 1997 European counterparts regularly ship similar HON. ILEANA ROS-LEHTINEN Mr. ARMEY. Mr. Speaker, the Government canisters both domestically and internationally. OF FLORIDA With the passage of H.R. 1270, we can con- Performance Results Act, popularly known as solidate our spent nuclear fuel in a centralized IN THE HOUSE OF REPRESENTATIVES the Results Act, holds the promise of achiev- ing a smaller, smarter, commonsense Federal facility. Tuesday, September 23, 1997 So why the holdup? The problem is not Government. It provides the tools we need to money or safety, but politics. Ms. ROS-LEHTINEN. Mr. Speaker, I rise comprehensively evaluate Federal programs As we wait for passage of H.R. 1270, the today to applaud the efforts of the Catholic and agencies in order to determine what's price tag to our constituents grows. Continued Hospice, a nonprofit organization located in working, what's wasted, what needs to be im- delays could force nuclear powerplants to my congressional district, and the commitment proved, and what needs to be rethought. It will build additional storage space at the rate pay- and efforts of all of their volunteers. The help us ferret out fraud, waste, error, and re- ers' expense. Furthermore, because Congress Catholic Hospice is an organization estab- dundancy in current programs. fails to use the funds accumulated in the nu- lished in 1988 by the Catholic Archdiocese of For these reasons, effective implementation clear waste fund, other nonrelated projects si- Miami, SSI Mercy Health System, and St. of the Results Act is a high priority for the phon money from this depleting account. Francis Medical Health Care Services, whose Congress. Indeed, we have already devoted It is time that money collected for the nu- mission it is to serve the physical and emo- much attention to ensuring that the act clear waste fund be spent for its intended pur- tional needs of terminally ill patients and their achieves its full potential. We recently com- pose and that the administration keeps their families of all faiths in Dade and Monroe pleted extensive congressional consultations promise to the American people. Let's stop Counties. on draft agency strategic plans through a co- wasting our citizen's money and finish the job: Among some of the projects Catholic Hos- ordinated effort that involved virtually all Support H.R. 1270. pice offers are Camp Hope, a 3-day intensive House committees and featured outstanding f therapy session that is offered to children who teamwork across jurisdictional and party lines. have lost a parent or very close caregiver Our September 4 interim report, entitled ``The ON BILL REGARDING SALLIE MAE within the last 12 months; bereavement sup- Results Act: It Matters Now,'' provides an REFINANCING port groups, which are counseling sessions of- overall assessment of the agency draft plans fered to adults to assist them to deal with grief based on our consultations. Our evaluations and feedback on agency HON. DAVID E. SKAGGS and loss; and a volunteer program, where vol- draft plans drew heavily on analyses done for OF COLORADO unteers offer their services free of charge to us by the General Accounting Office. I want to IN THE HOUSE OF REPRESENTATIVES patients and families who need basic support take this opportunity to commend the GAO through a very critical time. Tuesday, September 23, 1997 and its many dedicated employees for their In recognition of the dedication of their vol- Mr. SKAGGS. Mr. Speaker, on September superb work on this project. unteers, the Catholic Hospice will be having its 18, when I introduced H.R. 2511, a bill to cor- At our request, GAO conducted comprehen- annual volunteer luncheon this September 27, rect an unfair practice occurring as a result of sive reviews of draft strategic plans for 28 de- where their most valuable volunteers will be the privatization of Sallie Mae, the bill's effec- partments and agencies. In order to meet the recognized. It is volunteers such as Claire tive date was in error. I am introducing the need to complete congressional consultations Salichs, Tish O'Neil, Lois Newmark, and Berta same legislation, but with an effective date of promptly, GAO reported to us within 30 days Friedman, among many others, who have self- today to correct the problem. following receipt of each agency's draft plan. lessly given their time and energy to assist pa- f The reports were uniformly thorough and in- tients as well as their families during these dif- sightful. Their detailed analyses and construc- CAMPAIGN FINANCE REFORM ficult periods. It is these same individuals who tive criticisms provided invaluable assistance have been indispensable in making the Catho- to us, to our committee teams, and to the HON. RON KIND lic Hospice a success and whose efforts I agencies. In addition to issuing written prod- commend. OF WISCONSIN ucts, the GAO staff responsible for each report IN THE HOUSE OF REPRESENTATIVES I congratulate the Catholic Hospice for serv- provided oral briefings to our committee ing so many of south Florida's patients and teams. Tuesday, September 23, 1997 families and I applaud the efforts of all its vol- GAO's ability to produce so much outstand- Mr. KIND. Mr. Speaker, 3 weeks have now unteers for their dedication to all of those who ing work in such a short time period is a trib- passed since the August congressional re- are sickly or bereaving the loss of a loved ute to the breadth of knowledge, expertise, cess, and still no campaign finance reform. one. Death is an experience that is hard to and commitment of its outstanding staff. Each The frustration among Members is growing bear for everyone and it is the support of the of the individuals involved in this project can over the inability of this House to take action volunteers at Catholic Hospice that allow rightly be proud of his or her accomplishment. on this issue. those who have lost a loved one to heal more This project reflects the highest standards of There is no issue that is demanding more rapidly and enjoy the memories of those who GAO's service to the Congress and to the attention this fall, yet we have not found the have passed away. American taxpayers. September 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1827

Mr. Speaker, I wish to insert in the RECORD Oversight Commit- DAN BURTON, letters of commendation that we sent to Jim tee. Chairman, House Hinchman, the Acting Comptroller General, JOHN KASICH, Government Re- and to Chris Mihm, who coordinated the entire Chairman, House form and Oversight Budget Committee. Committee. GAO project. I would also like to insert in the BOB LIVINGSTON, JOHN KASICH, RECORD the names of all the other fine GAO Chairman, House Ap- Chairman, House employees who made major contributions to propriations Com- Budget Committee. this project. A special commendation is in mittee. BOB LIVINGSTON, order for Henry Wray, who is a detailee to the Chairman, House Ap- propriations Com- Congress from GAO who is a tireless, profes- CONGRESS OF THE UNITED STATES, sional optimist who has given of this time and Washington, DC, September 22, 1997. mittee. talents on behalf of Government reforms in Mr. JAMES F. HINCHMAN, which he believes. Acting Comptroller General of the United States, MAJOR CONTRIBUTORS My hearty thanks to all those with GAO who U.S. General Accounting Office, Washing- have provided such a solid support for the ton, DC. The following individuals were major con- Congressional effort to get to a smaller, smart- DEAR MR. HINCHMAN: On September 4, we tributors to GAO’s reviews, reports, and er, more commonsense government using all issued an Interim Report on implementation briefings on agency draft strategic plans of the Government Performance and Results under the Results Act: the tools, laws, and resources available to us. Act. The report, entitled ‘‘The Results Act: ACCOUNTING AND INFORMATION MANAGEMENT CONGRESS OF THE UNITED STATES, It Matters Now,’’ provides an overall assess- DIVISION Washington, DC, September 22, 1997. ment of agency draft strategic plans based Mr. J. CHRISTOPHER MIHM, on Congressional consultations on those David B. Alston, Linda F. Baker, Ronald B. Acting Associate Director, General Government plans as mandated by the Act. The report Bageant, Jack L. Brock, Jr., Mark Connelly, Division, U.S. General Accounting Office, draws heavily from the analyses of agency Michael J. Curro, Kay Daly, Thomas L. Da- Washington, DC. draft plans done for us by the General Ac- vies, John DeFerrari, Franklin W. Deffer, DEAR CHRIS: On behalf of ourselves and counting Office as part of our consultations. Cheryl Driscoll, Denise M. Fantone, John P. many others in the Congress, we wish to We wish to take this opportunity to com- Finedore, Geoffrey B. Frank, James Hamil- commend you for your superb contributions mend the GAO and its many dedicated em- ton, Laura E. Hamilton, Joan B. Hawkins, to effective implementation of the Govern- ployees for this superb work. Mark E. Heatwole, Gloria L. Jarmon, ment Performance and Results Act. By letter dated June 12, 1997, we requested Anastasia P. Kaluzienski, Nancy W. Kong, For the past several years, you have spear- that the GAO assist us and our Results Act Linda D. Koontz, Dianne Langston, Danny R. headed a number of excellent GAO efforts in consultation teams by conducting com- Latta, Elizabeth M. Mixon, Christie M. Mot- support of the Results Act. They include the prehensive evaluations of agency draft stra- ley, Paul L. Posner, Mark D. Shaw, Brian C. following products, among many others: Ex- tegic plans. Our request included all of the 24 Spencer, and Deborah A. Taylor. ecutive Guide: Effectively Implementing the departments and major independent agencies Government Performance and Results Act, GAO/ covered by the Chief Financial Officers GENERAL GOVERNMENT DIVISION GGD–96–118 (June 1996); Agencies’ Strategic (CFO) Act, as well as several other agencies. Teresa Anderson, James M. Blume, Mi- Plans Under GPRA: Key Questions to Facilitate Given the need to complete Congressional chael Brostek, Lessie M. Burke, James H. Congressional Review, GAO/GGD–10.1.16 (May consultations promptly, we further re- Burow, Donna J. Byers, Samuel A. Caldrone, 1997); and The Government Performance and quested that GAO report to us within 30 days Curtis W. Copeland, Charlie W. Daniel, Clif- Results Act: 1997 Governmentwide Implementa- following receipt of each agency’s draft plan. ton G. Douglas, Jr., William J. Dowdal, In response to our request, GAO submitted tion Will Be Uneven, GAO/GGD–97–109 (June Bryon S. Gordon, Mary B. Hall, Kenneth E. a total of 28 reports on agency strategic 1997). John, Michael H. Little, Robert B. Magnum, Most recently, you played a key role in plans. All of these reports were issued within the 30-day deadline. We understand that this Jr., Thomas J. McCool, J. Christopher Mihm, producing the 28 reports on agency draft John F. Mortin, John K. Needham, Michael strategic plans that GAO provided to us, project as a whole involved staff from all of GAO’s program divisions and virtually all of J. O’Donnell, Norman J. Rabkin, David E. each of which was done within a 30-day dead- Sausville, Dorothy L. Self, Richard M. line. The reports were uniformly thorough its issue areas. The reports were uniformly thorough and insightful. Their detailed anal- Stana, Gerald Stankowsky, Alan M. and insightful. Their detailed analyses and Stapleton, L. Nye Stevens, Bernard L. constructive criticisms of each plan provided yses and constructive criticisms provided in- valuable assistance to us and to our teams. Ungar, Joseph S. Wholey, Michelle Wiggins, invaluable assistance to us and to our Re- Lynda D. Willis, and Steven J. Wozny. sults Act consultation teams. You coordi- In addition to issuing written products, the nated GAO’s overall effort to produce these GAO staff responsible for each report pro- HEALTH, EDUCATION AND HUMAN SERVICES reports and personally reviewed and contrib- vided oral briefings to our consultation DIVISION teams. uted to the substance of many of them. On GAO’s ability to produce so much out- Barbara D. Bovbjerg, Lisanne Bradley, Kay September 4, we issued an Interim Report on standing work in such a short time period is E. Brown, Cynthia M. Fagnoni, Harriet C. implementation of the Act, entitled ‘‘The a tribute to the breadth of knowledge, exper- Ganson, Richard L. Hembra, Charles A. Results Act: It Matters Now,’’ which pro- tise, and commitment of its outstanding Jeszeck, Carlotta C. Joyner, Marsha Lillie- vides an overall assessment of agency draft staff. You can rightly take great pride in Blanton, Thomas N. Medvetz, Valerie C. Mel- strategic plans and draws heavily on the this effort. It reflects the highest standards vin, Sigurd R. Nilsen, Lori Rectanus, Valerie GAO analyses. of GAO’s service to the Congress and to the A. Rogers, Jane L. Ross, Debra B. Sebastian, In addition to these efforts, you have been American taxpayers. Vernette G. Shaw, Bernice Steinhardt, He- a constant and invaluable source of informal In addition to incorporating much of lene Toiv, Karen A. Whiten, and Greg Whit- assistance on Results Act issues to many GAO’s analysis in our feedback to the agen- ney. members of Congress and Congressional staff cies, we shared the GAO reports with the NATIONAL SECURITY AND INTERNATIONAL in both the House and the Senate and on agencies and OMB. We hope and expect that AFFAIRS DIVISION both sides of the aisle. you have dem- the GAO reports, along with other Congres- onstrated outstanding expertise on the Re- sional input, will lead to much improved Sharon Chamberlain, Adam Cowles, Frank sults Act and government management is- final strategic plans by September 30. The Degnan, Yolanda C. ElSerwy, Jess T. Ford, sues in general, remarkable energy and en- development of strategic plans is the first David T. Genser, Diana M. Glod, JayEtta Z. thusiasm, and an unfailing spirit of coopera- major phase of the Results Act’s implemen- Hecker, Jerry Herley, John P. Hutton, Har- tion. You should take great pride in all of tation. The success of the Act’s upcoming old J. Johnson, Jr., Kenneth R. Knouse, Jr., these efforts. They reflect the highest stand- phases will, in large part, turn on the viabil- Allen Li, James B. Michels, Lynn B. Moore, ards of public service. ity and quality of agency strategic plans. We F. Earl Morrison, Benjamin F. Nelson, Once again, thank you for all of your out- intend to ask GAO to follow up on its excel- Charles L. (Bud) Patton, Jr., Jeffrey D. Phil- standing support of Results Act implementa- lent work for us by analyzing the final plans. lips, Jean-Paul Reveyoso, Elizabeth Sirois, tion. As you know, we view effective imple- We also wish to commend GAO and express Lawrence L. Suda, David C. Trimble, David mentation of the Act as a high priority. We our full support for all of the many other ex- R. Warren, and Barbara L. Wooten. look forward to continuing to work with you cellent projects it has undertaken to support to ensure that this vitally important law the Results Act. As you know, we view effec- OFFICE OF GENERAL COUNSEL achieves its full promise. tive implementation of the Results Act as a Alan N. Belkin, George Bogart, Richard P. Sincerely, high priority. We look forward to continuing Burkard, Robert Crystal, M. Rachel DICK ARMEY, to work with you to ensure that this vitally DeMarcus, Helen Desaulniers, Carlos E. Diz, House Majority Lead- important law achieves its full promise. Herbert I. Dunn, Lynn H. Gibson, Jackie A. er. Sincerely, Goff, Robert J. Heitzman, David Hooper, Ju- DAN BURTON, DICK ARMEY, lian P. Klazkin, John McGrail, Susan Chairman, House Gov- House Majority Michal-Smith, Jan B. Montgomery, Maureen ernment Reform and Leader. A. Murphy, James M. Rebbe, Scott Riback, E1828 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 1997 Jill P. Sayre, Richard Seldin, Dayna Shah, retirement. TIAA±CREF serves as a model for center. As the home of the infantry, Fort Mark Speight, Adam Vodraska, Michael multiemployer pension plans. The creation of Benning's mission is to produce the world's Volpe, Mindi G. Weisenbloom, Stefanie TIAA±CREF enabled teachers to save for re- finest combat-ready infantrymen, to provide Weldon, and William T. Woods. tirement even if they moved from school to the Nation with a power projection platform ca- RESOURCES, COMMUNITY, AND ECONOMIC school. TIAA±CREF has always been well pable of rapid deployment, and to continue to DEVELOPMENT DIVISION managed and sought to shield unsophisticated be the Army's premier installation and home John H. Anderson, Jr., Janet Barbee, investors from too many choices and risks. for soldiers, families, civilian employees, and Nancy Boardman, Gary R. Boss, Paul Bry- ant, Carole Buncher, Dennis S. Carroll, Ste- Throughout its history, TIAA±CREF has main- military retirees. This mission is achieved with phen M. Cleary, Eileen M. Cortese, Stanley tained a well run pension fund with large re- distinction on a daily basis. J. Czerwinski, Sharon Dyer, Judy A. Eng- serves. The management of TIAA±CREF has While the Infantry remains the central focus land-Joseph, Larry Goldsmith, Peter F. focused on counseling and education. We of activity at Fort Benning, a number of other Guerrero, Jeffrey Heil, Barry T. Hill, Susan should be awarding such plans, not punishing types of units have been added over the D. Kladiva, J. Erin Lansburg, Anu K. Mittal, them by removing their tax-exempt status. I years, enhancing the ability of the installation Philip A. Oleon, Victor S. Rezendes, Stan urge you to join me as an original cosponsor to accomplish its mission. In addition to being Ritchick, Robert A. Robinson, Phyllis of this legislation. home of the infantry, Fort Benning now Scheinberg, Marlene S. Shaul, Nancy Sim- f mons, Teresa Spisak, James R. Sweetman, houses the Airborne School, the Army Ranger School, the 29th Infantry RegimentÐtraining Jr., John Thomson, and Dave Wood. CONGRATULATING FORT BENNING unit for the Bradley fighting vehicleÐthe 36th ATLANTA FIELD OFFICE FOR BEING AWARDED PRESI- Engineer Group, and the U.S. Army School of Linda P. Garrison, Diane G. Handley, and DENTIAL AWARD FOR QUALITY Thanomsri S. Piyapongroj. the Americas. Each of these units works tire- lessly to defend our national interests around KANSAS CITY FIELD OFFICE HON. MAC COLLINS the world and to serve our communities at Dale A. Wolden. OF GEORGIA home. SEATTLE FIELD OFFICE IN THE HOUSE OF REPRESENTATIVES To the military and civilian personnel of Fort Lacinda Baumgartner. Tuesday, September 23, 1997 Benning, I am once again honored to offer my DALLAS FIELD OFFICE Mr. COLLINS. Mr. Speaker, it is with great sincere thanks and congratulations for a job Jeanni B. Davis. pride that I rise today to recognize Fort well done. f Benning, GAÐthe home of the infantry and f the Army's premier installationÐfor being the IN RECOGNITION OF THE FOOD INTRODUCTION OF LEGISLATION sole nominee and winner of the 1997 Presi- BANK OF NEW JERSEY TO RESTORE THE TAX EXEMPT dential Award for Quality, recognizing the best STATUS OF TIAA–CREF Federal agency in the Federal Government. On July 10, Fort Benning was honored with HON. MARGE ROUKEMA HON. RICHARD E. NEAL the award, having already received the Army OF NEW JERSEY OF MASSACHUSETTS Community of Excellence Commander-in- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Chief's Award for being the best Army installa- Tuesday, September 23, 1997 Tuesday, September 23, 1997 tion in the world three times in the last 4 years and the Army Community of Excellence Army Mrs. ROUKEMA. Mr. Speaker, I had a most Mr. NEAL of Massachusetts. Mr. Speaker, Chief of Staff Award for being the best Army remarkable and heartwarming experience yes- recently, Senators MOYNIHAN, D'AMATO, and installation in the continental United States in terday. I visited the Community Food Bank of GRAHAM introduced legislation to repeal the each of the last 5 years. New Jersey, in Hillside. The Food Bank of provision in the Taxpayer Relief Act of 1997 These awards are indicative of both the abil- New Jersey is a sterling example of how pri- which terminated the tax exempt status of ity and professionalism of the tens of thou- vate citizens, church groups, and business TIAA±CREF, the Teacher's Insurance Annuity sands of soldiers that pass through Fort volunteers can come together and work hard Association College Retirement Equities Fund. Benning's gate very year and of the success- to improve the lives of the less-fortunate in Today, along with Representatives RANGEL, ful partnership that has developed over the their community. I want to give my thanks and MATSUI, KENNELLY, COYNE, LEWIS of Georgia, years between Fort Benning and the greater appreciation to Kathleen DiChiara, executive and THURMAN, I am introducing companion Columbus area. No military facility can be fully director of the Community Food Bank of New legislation. effective without developing a positive relation- Jersey, and Sister Christine Vladimiroff, presi- This legislation would simply strike section ship with the local community. Fort Benning dent of Second Harvest, the National Food 1042 of the Taxpayer Relief Act of 1997 which has accomplished this and has developed a Bank Network. But most importantly, I want to repeals the tax exempt status of TIAA±CREF military/civilian team that is unmatched in its thank the thousands of volunteers whose hard and Mutual of America. This legislation would efficiency and effectiveness. work and extraordinary dedication make the restore the tax exemption that TIAA±CREF In spite of the fact that the military popu- Food Bank's success possible. has had since its establishment in 1918 by the lation of Fort Benning is in a continuous state The Food Bank is an amazingly effective or- Carnegie Foundation. TIAA±CREF provides of transition, the installation has been able to ganization, distributing as much as 12 dollars' retirement benefits exclusively for employees maintain its high standards of quality. This is, worth of food for each $1 of its budget. Acting of U.S. colleges, universities, independent in large part, thanks to the nearly 7,000 civil- as a sort of wholesale-level savior for the hun- schools and other nonprofit educational and ians who work behind the scenes to advance gry, it distributes an incredible 10 to 14 million research organizations. TIAA±CREF serves Bennings' mission. These are individuals like pounds of food and other groceries each year nearly 2 million current and retired employees Sarah McLaney, Fort Benning's ACOE coordi- to the places where hungry people turn for at over 6,000 institutions. This repeal also nator, who has seen the facility receive the helpÐfood pantries, shelters for the homeless, would restore the tax exemption for Mutual of Commander-in-Chief Award under three dif- soup kitchens child care centers, battered America, which has served as pension admin- ferent commanding generals. Dedicated work- women's shelters, and senior nutrition pro- istrator for welfare organizations for over 50 ers like Sarah have been instrumental not only grams. In all, it serves more than 1,500 orga- years and is modeled after TIAA±CREF. in achieving Fort Benning's military mission, nizations in 18 New Jersey countries from its The repeal of TIAA±CREF's 79-year old tax but also in the development of the strong ties headquarters in Hillside and its Southern exemption might cost the average retiree who that bind Fort Benning to the Columbus com- Branch in Egg Harbor Township. The Food receives a $12,000 annual pension about munity. Bank also operates the extra helping program, $600 in income and this is a 5-percent reduc- General Ernst and his able staff have further the first prepared food rescue program in the tion in pension benefits. Future retirees cur- reinforced Fort Benning's longstanding com- state, distributing 30,000 meals a year includ- rently paying into the system could face reduc- mitment to military quality. Focusing on the ing kosher meals. tions as large as 10 to 15 percent. Many of watchwords ``First in Training, First in Readi- The facilities are impressive: a fully these retirees are not wealthy and they in- ness, and First in Quality of Life,'' Fort equipped, 280,000-square-foot warehouse, clude librarians, assistant professors, and Benning soldiers constitute a cornerstone of 15,000 square feet of freezer and cooler teachers at community colleges. our Nation's Armed Forces. space, a fleet of trucks on the road daily, in- TIAA±CREF was established to insure that Since 1918, Fort Benning has operated the cluding refrigerated trucks, and an experi- the Nation's college professors had adequate world's foremost military institutional training enced, professional staff. September 23, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1829 None of this would be possible without vol- wage, who has to decide between getting her Last year, the Congress passed legislation I unteers, More than 6,000 people contribute car repaired so she can keep her job or buy- introduced that added two new funds to the 50,000 hours a year of their time. Many com- ing food to feed her children. A middle-aged Thrift Savings Plan. Before my bill was en- munity organizations are involvedÐthe Center homeowner laid off in a corporate downsizing acted, Federal employees were limited to for Food Action in Mahwah, the Church of the may have exhausted his savings and unem- three investment funds: The Government Se- Presentation in Saddle River, Little Sisters of ployment benefits. A grandmother living on curities Investment (G) Fund, the Common the Poor in Totowa, the NORWESCAP Food Social Security might get by on tea and toast Stock Index Investment (C) Fund, and the Bank in Phillipsburg, Ridgewood United Meth- in order to pay the rent. Fixed Income Investment (F) Fund, where 82 odist Church, and the Salvation Army, to These tragic circumstances in this the most percent of the largest corporations offer four or name just a few. The Food Bank is also sup- wealthy country in the world must be ad- more investment options in their defined con- ported by a number of national organizations dressed and eliminated and tragedies such as tribution plans, and 50 percent offer five or such as Bread for the World and Second Har- these are why I am a sponsor of the Hunger more options. This legislation, however, gave vest, of which it is a member. Has A Cure Act. The Hunger Has A Cure Act Federal workers two new investment options Businesses play a huge role in the oper- is supported by a large coalition of some of under the Thrift Savings Plan: a Small Capital- ation of the Food Bank, with more than 250 the Nation's largest hunger organizations, in- ization Stock Index Investment Fund and Inter- companies making large-scale donations of cluding: Bread for the World; the Campaign To national Stock Index Fund. These funds offer food. The companies that work with the Food End Childhood Hunger; the Center on Hunger, a long-term investment strategy comparable to Bank are among New Jersey's most outstand- Poverty and Nutrition Policy; Foodchain; the private pension plans. ing corporate citizens clearly showing their Food Research and Action Center; Results: The Congress did not pass, however, the concern for the most basic of human needs. Second Harvest; Share Our Strength; and most important component of the bill: a provi- On the day of my visit, more than 200 vol- World Hunger Year. This bill is essential if we sion to allow Federal employees to invest unteers were on hand who had been allowed are to protect the safety net for those in need more of their own money in the TSP. The bill to take the day away from their regular jobs at and ensure that the climate of budget cutting I am introducing today would allow employees KPMG Peat Marwick's Montvale and Short in Washington doesn't take the food out of the to invest up to the IRS limit, $9,500, to the Hills offices in order to help sort food for dis- mouths of hungry babies. As I pledged to the TSP without changing the Government con- tribution. Their presence was part of KPMG volunteers and directors of the Food Bank tribution. Currently, FERS employees can put Peat Marwick's ``World of Spirit Day,'' on yesterday, ``I'll be there for you.'' Just as we in up to 10 percent of their salary with a Gov- which 20,000 employees in 130 offices across saved WIC funding and protected food stamp ernment match up to 5 percent, and CSRS the country were given the day off with pay in eligibility this year, I will continue to work to employees can invest up to 5 percent of their order to volunteer at schools, hospitals, nurs- ensure that nutrition programs are protected. salary. America has one of the lowest saving ing homes, parks, youth centers, and other lo- I spent only a short time at the Food Bank rates among industrialized countries. It has cations. This is a wonderful innovation on the but I was inspired to work even harder to com- fallen steadily over the last 20 years, seriously part of KPMG Peat Marwick and shows the plement their work, hard work, energy and jeopardizing Americans' security during what sincere commitment of this corporation to the dedication, and end hunger in our time. To is supposed to be their golden years. Even communities where it does business. I am fully see the large number of individuals who give though Americans recognize that they should committed to urging other businesses to es- freely of their time in order to see that others be saving more, half of all family heads in tablish policies following this outstanding ex- do not go hungry is heartwarming and inspir- their late fifties possess less than $10,000 in ample. KPMG Peat Marwick's effort yesterday, ing. We have made great progress in caring net financial assets. With the retirement of in fact, was part of activities being undertaken for the poor and hungry in our Nation but we America's baby boomers approaching, Con- by 300 companies across the country to fulfill must do more. We need more organizations gress is beginning to consider how we can en- pledges made 6 months ago at the Summit for like the Food Bank and more individuals like courage Americans to save more. This legisla- America's Future. These companies are an- its volunteers. We must all do our part, wheth- tion is a sensible way to encourage Federal swering President Clinton and Congress' call er it be by making donations, volunteering employees to increase their savings for retire- for a nation of volunteers by providing free time, or helping pass legislation. We cannot ment. childhood immunizations, donating computer stop because the battle will never be won as This legislation would also allow employees software to public libraries, and providing free long as there is one hungry child or adult left entering the Federal Government to ``roll-in'' books for schools, among other actions. in America. money from a private sector 401(k) to the The Summit for America's Future has f TSP, and it would allow those employees en- sparked a wave of volunteerism, including 150 tering Federal Service to begin contributing to State and local minisummits that are spread- INTRODUCTION OF THE FEDERAL the TSP immediately, instead of waiting any- ing the word. We must work, however, to en- EMPLOYEE THRIFT SAVINGS where from 6 to 12 months to begin to save sure that this is not a one-time occurrence and PLAN ENHANCEMENT ACT for their retirement. As under current law, the to show that corporate volunteerism is not a Government's contribution would not begin fad. Corporate volunteerism is the right thing HON. CONSTANCE A. MORELLA until the second open season. to do. It is also good businessÐconsumers OF MARYLAND Federal employees face uncertainty caused will see which companies care about the com- IN THE HOUSE OF REPRESENTATIVES by Federal downsizing, and they are increas- munities around them. Tuesday, September 23, 1997 ingly insecure about their retirement. Please The need for volunteersÐand organizations join me in supporting this legislation to enable such as the Food BankÐis great. Between 20 Mrs. MORELLA. Mr. Speaker, today I am in- Federal employees to bolster their retirement and 30 million Americans suffer from hunger, troducing legislation, the Federal Employee benefits. including 1 of every 12 pre-teen children, ac- Thrift Savings Plan Enhancement Act of 1997, f cording to studies by the Congressional Hun- to allow Federal employees to increase their ger Center and the Food Research and Action retirement savings. This legislation would bol- PERSONAL EXPLANATION Center. Nearly 26 million Americans rely on ster a critical component of Federal employ- food banks for emergency food assistance ee's retirement benefitsÐthe Thrift Savings HON. LUIS V. GUTIERREZ every year. In my own State of New Jersey, PlanÐat no cost to taxpayers. OF ILLINOIS more than 500,000 people depend on food The Thrift Savings Plan [TSP] is a retire- IN THE HOUSE OF REPRESENTATIVES stamps to get by each month. Eleven percent ment savings and investment plan for Federal Tuesday, September 23, 1997 of New Jersey children live below the pverty and postal employees. It offers the same type level and almost 300,000 under the age 12 of savings and tax benefits that many private Mr. GUTIERREZ. Mr. Speaker, in the after- are hungry or at the risk of hunger. Neither the corporations offer their employees under noon of Wednesday, September 18, 1997, I government nor private organizations can help 401(k) plans. The TSP is critical for all Federal was unavoidably delayed from reaching this these people without the assistance of volun- employees, but it is particularly important for Chamber and therefore missed rollcall vote teers. those employees hired in the last decade who, No. 402, the vote for final passage on the bill Not all of these hungry children and adults under the Federal Employees Retirement Sys- making appropriations for the Departments of are homeless people on the streets or in other tem, receive smaller civil service benefits and Labor, Health and Human Services and Edu- obviously distraught situations. Sometimes need to invest more to enhance their retire- cation, and related agencies for fiscal year they are a single mother, earning minimum ment income. 1998. I want the record to show that if I had E1830 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 1997 been able to be present in this Chamber when Representative Jason Hu on his promotion to for his choice of Representative Hu as Tai- this vote was cast, I would have voted ``yea.'' the esteemed post of Taiwan's foreign min- wan's top diplomat. f ister. I will miss Representative Hu's presence in TRIBUTE TO REPRESENTATIVE Representative Hu's promotion requires his Washington but I know for sure that we will JASON HU return to Taipei and we will miss him a great have a friend in Taipei who truly understands deal. Representative Hu has been a tireless us and the United States. I urge my col- HON. ROBERT SMITH diplomat for Taiwan and has represented his leagues to join me in congratulating Rep- OF OREGON country's interests well. resentative Hu and in giving him a fond fare- IN THE HOUSE OF REPRESENTATIVES Representative Hu is constantly seeking to well. Tuesday, September 23, 1997 improve the relations between Taiwan and the Mr. SMITH of Oregon. Mr. Speaker, I rise United States. He is a true advocate of his today to join my colleagues in paying tribute to country's causes. I commend President Lee Tuesday, September 23, 1997 Daily Digest Senate Jeffords (for Kennedy) Amendment No. 1152, to Chamber Action improve the standard for binding determinations Routine Proceedings, pages S9737–S9809 with respect to the specification of valid scientific Measures Introduced: Nine bills were introduced, evidence with respect to the effectiveness of devices. as follows: S. 1201–1209. Page S9785 Pages S9766±67 Jeffords (for Wellstone) Amendment No. 1156, to Measures Passed: provide for a study and report concerning the treat- Austrian-American Day: Senate agreed to S. Res. ment of health care economic information. 122, declaring September 26, 1997, as ‘‘Austrian- Pages S9766±67 American Day’’. Pages S9805±06 Jeffords (for DeWine) Modified Amendment No. California Land Conveyance: Committee on Ag- 1136, to establish a program for the pediatric studies riculture, Nutrition, and Forestry was discharged of drugs and pediatric uses for approved drugs. from further consideration of H.R. 111, to authorize Pages S9766±68 the Secretary of Agriculture to convey a parcel of un- Jeffords (for Hatch) Amendment No. 1183, to used agricultural land in Dos Palos, California, to provide for a disclaimer with respect to safety re- the Dos Palos Ag Boosters for use as a farm school, ports. Pages S9764, S9766 and the bill was then passed, clearing the measure Jeffords (for Hatch/Wyden) Modified Amendment No. 1182, to improve the mission of the Food and for the President. Page S9806 Drug Administration. Pages S9764±66 FDA Modernization and Accountability Act: Sen- By 98 yeas to 2 nays (Vote No. 255), Jeffords ate resumed consideration of S. 830, to amend the Amendment No. 1130, in the nature of a substitute. Federal Food, Drug, and Cosmetic Act and the Pub- Page S9769 lic Health Service Act to improve the regulation of Rejected: food, drugs, devices, and biological products, with a By 40 yeas to 59 nays (Vote No. 252), Durbin modified committee amendment in the nature of a Amendment No. 1140 (to Amendment No. 1130), substitute. (The modification incorporated the lan- to require that entities and individuals accredited to guage of Jeffords Amendment No. 1130, listed conduct review of device notifications be subject to below), taking action on further amendments pro- the conflict of interest standards that apply to em- posed thereto, as follows: ployees of the Food and Drug Administration. Pages S9737±69, S9771±75, S9781 Pages S9737±38 Adopted: By 39 yeas to 61 nays (Vote No. 253), Durbin Murray Amendment No. 1161, to modify the ex- Amendment No. 1139 (to Amendment No. 1130), emption requirements relating to national uniformity to eliminate provisions relating to the discretion of for nonprescription drugs to provide an exemption the Secretary of Health and Human Services to track for a State or political subdivision requirement that devices or to conduct postmarket surveillance of de- protects the health and safety of children. vices. Pages S9738±39 Pages S9763±64 Reed Amendment No. 1177 (to Amendment No. Jeffords Amendment No. 1174, to maintain au- 1130), to ensure that determinations of the Secretary thority of the Food and Drug Administration to reg- with respect to the intended uses of a device are ulate tobacco. Pages S9766±67 based on the proposed labeling only if such labeling Jeffords Amendment No. 1175, to provide that an is not false or misleading. (By 65 yeas to 35 nays environmental impact statement prepared in accord- (Vote No. 254), Senate tabled the amendment.) ance with certain regulations of the Food and Drug Pages S9739±59 Administration shall be considered to meet the re- Senate upheld the ruling of the Chair which held quirements of section 102(2)(C) of the National En- that Harkin Amendment No. 1137 (to Amendment vironmental Policy Act of 1969. Pages S9766±67 No. 1130), authorizing funds for each of fiscal years D987 D988 CONGRESSIONAL RECORD — DAILY DIGEST September 23, 1997 1998 through 2000 to establish within the National Institutes of Health an agency to be known as the Committee Meetings National Center for Complementary and Alternative (Committees not listed did not meet) Medicine was not germane, and the amendment thus fell. Pages S9759±63 BUSINESS MEETING A unanimous-consent agreement was reached pro- Committee on Commerce, Science, and Transportation: viding for further consideration of the bill on Committee ordered favorably reported the following Wednesday, September 24, 1997, with a vote on business items: passage to occur thereon. Page S9769 S. 1193, to extend the authorization of the avia- Campaign Reform—Agreement: A unanimous- tion insurance program of the Department of Trans- consent agreement was reached providing for the portation, with an amendment in the nature of a consideration of S. 25, to reform the financing of substitute; Federal elections, and certain amendments to be pro- S. 1196, to require the National Transportation Safety Board and individual foreign air carriers to posed thereto. Pages S9769±71 address the needs of families of passengers involved Removal of Injunction of Secrecy: The injunction in aircraft accidents involving foreign air carriers; of secrecy was removed from the following treaties: and Comprehensive Nuclear Test-Ban Treaty (Treaty The nominations of Robert L. Mallett, of Texas, Doc. 105–28); to be Deputy Secretary, and W. Scott Gould, of the Protocol Amending Tax Convention with Canada District of Columbia, to be Chief Financial Officer (Treaty Doc. 105–29); and and Assistant Secretary, both of the Department of Extradition Treaty with India (Treaty Doc. Commerce, and certain nominations for promotion in 105–30). the United States Coast Guard. The treaties were transmitted to the Senate today, AUTHORIZATION—ENDANGERED SPECIES considered as having been read for the first time, and referred, with accompanying papers, to the Commit- Committee on Environment and Public Works: Commit- tee on Foreign Relations and ordered to be printed. tee held hearings on S. 1180, authorizing funds for fiscal years 1998 through 2003 for programs of the Pages S9806±08 Endangered Species Act, receiving testimony from Nominations Confirmed: Senate confirmed the fol- Jamie Rappaport Clark, Director, U.S. Fish and lowing nominations: Wildlife Service, Department of the Interior; Terry 1 Marine Corps nomination in the rank of general. D. Garcia, Acting Assistant Secretary of Commerce 1 Navy nomination in the rank of admiral. for Oceans and Atmosphere/National Oceanic and Pages S9806, S9809 Atmospheric Administration; and Montana Governor Nominations Received: Senate received the follow- Marc Racicot, Helena, on behalf of the National ing nominations: Governors’ Association and the Western Governors’ Received on Monday, September 22, during the Association. adjournment: Hearings continue tomorrow. Richard Frank Celeste, of Ohio, to be Ambassador IRS REFORM to India. Page S9809 Committee on Finance: Committee held hearings to ex- Communications: Page S9783 amine the current state of the Internal Revenue Serv- ice, focusing on its practices and procedures and its Executive Reports of Committees: Pages S9783±85 enforcement authorities to collect delinquent taxes, Statements on Introduced Bills: Pages S9785±89 receiving testimony from Senators Grassley and Additional Cosponsors: Pages S9800±01 Kerrey; Representative Hoyer; Joseph F. Lane, Menlo Park, California, on behalf of the National Associa- Notices of Hearings: Page S9801 tion of Enrolled Agents; and Robert L. Goldstein Additional Statements: Page S9801 and James A. Woehlke, both of the New York State Record Votes: Four record votes were taken today. Society of Certified Public Accountants, New York, (Total—255) Pages S9738±39, S9759, S9769 New York. Hearings continue tomorrow. Adjournment: Senate convened at 9:30 a.m., and adjourned at 7:04 p.m., until 12 noon, on Wednes- NOMINATIONS day, September 24, 1997. (For Senate’s program, see Committee on Foreign Relations: Committee concluded the remarks of the Acting Majority Leader in today’s hearings on the nominations of Corinne Claiborne Record on page S9809.) Boggs, of Louisiana, to be Ambassador to the Holy September 23, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D989 See, R. Nicholas Burns, of Virginia, to be Ambas- care marketplace to assess the currency and effective- sador to Greece, Thomas M. Foglietta, of Pennsylva- ness of antitrust law enforcement, after receiving tes- nia, to be Ambassador to Italy, and Mark Robert timony from James R. Nathan, Legacy Alliance, Fort Parris, of Virginia, to be Ambassador to the Repub- Myers, Florida; William Kopit, Epstein Becker & lic of Turkey, after the nominees testified and an- Green, and Joe Sims, Jones, Day, Reavis & Pogue, swered questions in their own behalf. Ms. Boggs was both of Washington, D.C.; William J. Lynk, introduced by Senators Breaux and Landrieu and Lexecon Inc., Chicago, Illinois; and John C. Representatives Livingston and McCrery, Mr. Burns McMeekin, Crozer-Keystone Health System, Media, was introduced by Senator Kennedy, and Mr. Fogli- Pennsylvania, on behalf of the American Hospital etta was introduced by Senators Specter and Association. Santorum. CAMPAIGN FINANCING INVESTIGATION PROSTATE CANCER Committee on Governmental Affairs: Committee re- Special Committee on Aging: Committee concluded sumed hearings to examine certain matters with re- hearings to examine detection and treatment options gard to the committee’s special investigation on for prostate cancer, after receiving testimony from campaign financing, receiving testimony from former Senator Dole; Nevada Governor Bob Miller, Thomas E. Mann, Brookings Institution, and Nor- Carson City; David G. McLeod, Walter Reed Army man J. Ornstein, American Enterprise Institute, both Medical Center, Washington, D.C.; E. David of Washington, D.C. Crawford, University of Colorado Cancer Center, Hearings continue tomorrow. Denver, on behalf of the National Prostate Cancer Education Council; Richard J. Babaian, University of HEALTH CARE MARKET ANTITRUST Texas Cancer Center, Houston; Len Dawson, North- POLICY brook, Illinois, on behalf of the American Founda- Committee on the Judiciary: Committee concluded tion for Urologic Disease; and Bob and Carol Wat- hearings to examine competitive trends in the health son, Bronx, New York. h House of Representatives Commerce, Justice, and State, the Judiciary, and re- Chamber Action lated agencies for the fiscal year ending September Bills Introduced: 20 public bills, H.R. 2513–2532; 30, 1998 (H. Rept. 105–264); and 6 resolutions, H. Con. Res. 155–156 and H. Conference report on H.R. 2266, making appro- Res. 238–241, were introduced. Pages H7728±29 priations for the Department of Defense for the fiscal Reports Filed: Reports were filed today as follows: year ending September 30, 1998 (H. Rept. H.R. 2429, to reauthorize the Small Business 105–265); and Technology Transfer Program through fiscal year H.R. 1787, to assist in the conservation of Asian 2000, amended (H. Rept. 105–259 Part I); elephants by supporting and providing financial re- Report on the Revised Subdivision Totals for Fis- sources for the conservation programs of nations cal Year 1998 (H. Rept. 105–260); within the range of Asian elephants and projects of H.R. 1948, to provide for the exchange of lands persons with demonstrated expertise in the conserva- within Admiralty Island National Monument, tion of Asian elephants (H. Rept. 105–266 Part 1). amended (H. Rept. 105–261); Pages H7656±H7710, H7728 H. Con. Res. 131, expressing the sense of Con- Recess: The House recessed at 1:08 p.m. and recon- gress regarding the ocean, amended (H. Rept. vened at 2:00 p.m. Page H7611 105–262); H. Res. 238, waiving points of order against the Corrections Calendar: On the call of the Correc- conference report to accompany H.R. 2209, making tions Calendar, the House passed H.R. 2343, to appropriations for the Legislative Branch for the fis- abolish the Thrift Depositor Protection Oversight cal year ending September 30, 1998 (H. Rept. Board by a yea and nay vote of 420 yeas with none 105–263); voting ‘‘nay’’, Roll No. 416. Pages H7614±17, H7654 H. Res. 239, providing for consideration of H.R. Agreed to the Committee amendment in the na- 2267, making appropriations for the Departments of ture of a substitute. Pages H7615±17 D990 CONGRESSIONAL RECORD — DAILY DIGEST September 23, 1997 Suspensions: The House voted to suspend the rules Ronald H. Brown Federal Building: H.R. 29, to and pass the following measures: designate the Federal building located at 290 Broad- Commemorative Coin Program Act: H.R. 2414, way in New York, New York, as the ‘‘Ronald H. amended, to provide for a 10-year circulating com- Brown Federal Building.’’ Pages H7640±42, H7713 memorative coin program to commemorate each of Oklahoma City National Memorial: S. 871, the 50 States (passed by a recorded vote of 413 ayes amended, to establish the Oklahoma City National to 6 noes, Roll No. 417). Pages H7617±22, H7654±55 Memorial as a unit of the National Park System; to Arbitration in United States District Courts: S. designate the Oklahoma City Memorial Trust 996, amended, to provide for the authorization of (passed by a recorded vote of 414 ayes to 7 noes, appropriations in each fiscal year for arbitration in Roll No. 423). Pages H7642±46, H7713±14 United States district courts (passed by a recorded National Wildlife Refuge Improvement: Agreed vote of 421 ayes with none voting ‘‘no’’, Roll No. to the Senate amendments to H.R. 1420, to amend 418). Agreed to amend the title. the National Wildlife Refuge System Administration Pages H7622±23, H7655±56 Act of 1966 to improve the management of the Na- Canadian Border Boat Landing Permit: H.R. tional Wildlife Refuge System (agreed to by a re- 2027, to provide for the revision of the requirements corded vote of 419 ayes to 1 no, Roll No. 424)— for a Canadian border boat landing permit pursuant clearing the measure for the President. to section 235 of the Immigration and Nationality Pages H7646±48, H7714 Act, and to require the Attorney General to report Hood Bay Land Exchange: H.R. 1948, amended, to the Congress on the impact of such revision to provide for the exchange of lands within Admi- (passed by a yea and nay vote of 412 yeas to 5 nays, ralty Island National Monument (passed by a re- Roll No. 419). Pages H7623±26, H7710±11 corded vote of 420 ayes with none voting ‘‘no’’, Roll No. 425). Pages H7648±49, H7714±15 Crimes Against Children and Sexually Violent Offenders Registration: H.R. 1683, amended, to Election of Guam Delegate: H.R. 1460, amend- clarify the standards for State sex offender registra- ed, to allow for election of the Delegate from Guam tion programs under the Jacob Wetterling Crimes by other than separate ballot. Pages H7649±51 Against Children and Sexually Violent Offender Interior Appropriations Act for FY 1998: The Registration Act (agreed to by a recorded vote of House disagreed with the Senate amendments to 415 ayes to 2 noes with 1 voting ‘‘present’’, Roll H.R. 2107, making appropriations for the Depart- No. 420). Pages H7626±32, H7711 ment of the Interior, and related agencies for the fis- Carl B. Stokes U.S. Courthouse: H.R. 643, to cal year ending September 30, 1998, and agreed to designate the United States courthouse to be con- a conference. Appointed as conferees Representatives structed at the corner of Superior and Huron Roads, Regula, McDade, Kolbe, Skeen, Taylor of North in Cleveland, Ohio, as the ‘‘Carl B. Stokes United Carolina, Nethercutt, Miller of Florida, Wamp, Liv- States Courthouse’’ (passed by a recorded vote of 420 ingston, Yates, Murtha, Dicks, Skaggs, Moran of ayes with none voting ‘‘no’’, Roll No. 421). Virginia, and Obey. Pages H7651±53 Pages H7632±35, H7711±12 Agreed to the Yates motion to instruct conferees to agree to the amendments of the Senate numbered Howard T. Markey National Courts Building: 120, 121, 122. Pages H7651±53 H.R. 824, to redesignate the Federal building lo- cated at 717 Madison Place, NW., in the District of Labor, HHS, and Education Appropriations Act: Columbia, as the ‘‘Howard T. Markey National The House disagreed with the Senate amendment to Courts Building’’ (passed by a recorded vote of 420 H.R. 2264, making appropriations for the Depart- ayes with none voting ‘‘no’’, Roll No. 422). ments of Labor, Health and Human Services, and Pages H7635±36, H7712±13 Education, and related agencies for the fiscal year ending September 30, 1998, and agreed to a con- Robert J. Dole U.S. Courthouse: S. 1000, to des- ference. Appointed as conferees: Representatives Por- ignate the United States courthouse at 500 State Av- ter, Young of Florida, Bonilla, Istook, Miller of Flor- enue in Kansas City, Kansas, as the ‘‘Robert J. Dole ida, Dickey, Wicker, Northup, Livingston, Obey, United States Courthouse’’—clearing the measure for Stokes, Hoyer, Pelosi, Lowey, and DeLauro. Pages H7636±39, H7713 the President. Pages H7653±54 Kika de la Garza U.S. Border Station: H.R. Agreed to the Obey motion to instruct conferees 994, to designate the United States border station to insist on the Senate position to provide located in Pharr, Texas, as the ‘‘Kika de la Garza $368,716,000 for congregate meals for the elderly. United States Border Station.’’ Pages H7639±40 Pages H7653±54 September 23, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D991 Recess: The House recessed at 7:07 p.m. and recon- Joslin, Deputy Chief, National Forest Systems, Forest vened at 9:00 p.m. Page H7656 Service, USDA; and public witnesses. Amendments: Amendments printed pursuant to the OVERSIGHT—DRAIN LAKE POWELL rule appear on pages H7730–31. Committee on Resources: Subcommittee on National Quorum Calls—Votes: Two yea-and-nay votes and Parks and Public Lands and the Subcommittee on eight recorded votes developed during the proceed- Water and Power held a joint oversight hearing on ings of the House today and appear on pages the proposal to drain Lake Powell or reduce its water H7654, H7655, H7655–56, H7710–11, H7711, storage capability. Testimony was heard from Eluid H7711–12, H7712–13, H7713, H7714, and L. Martinez, Commissioner, Bureau of Reclamation, H7714–15. There were no quorum calls. Department of the Interior; Michael S. Hacskaylo, Adjournment: Met at 12:30 p.m. and adjourned at Acting Administrator, Western Area Power Admin- 11:39 p.m. istration, Department of Energy; Ted Stewart, Exec- utive Director, Department of Natural Resources, State of Utah; Rita P. Pearson, Director, Department Committee Meetings of Water Resources, State of Arizona; Jim Lochhead, FAST TRACK AUTHORITY Executive Director, Department of Natural Re- sources, State of Colorado; and public witnesses. Committee on Agriculture: Subcommittee on General Farm Commodities held a hearing to review fast COMMERCE, JUSTICE, STATE AND track authority. Testimony was heard from Jeffrey JUDICIARY APPROPRIATIONS Lang, Deputy U.S. Trade Representative; August Committee on Rules: Granted, by voice vote, an open Schumacher, Jr., Under Secretary, Farm and Foreign rule on H.R. 2267, making appropriations for the Agricultural Services, USDA; and public witnesses. Departments of Commerce, Justice, and State, the Judiciary, and related agencies for the fiscal year BUDGET ALLOCATIONS ending September 30, 1998, providing one hour of Committee on Appropriations: Approved revised Section general debate equally divided between the chairman 302(b) budget allocations for fiscal year 1998. and ranking minority member of the Committee on Appropriations. The rule provides for the adoption of INVESTIGATIVE DRUGS—SERIOUSLY ILL the amendment printed in part 1 of the Rules Com- PATIENTS mittee report. The rule waives points of order Committee on Commerce: Subcommittee on Oversight against provisions in the bill, as amended, for failure and Investigations held a hearing on Adequacy of to comply with clause 2 (prohibiting unauthorized Access to Investigative Drugs for Seriously Ill Pa- appropriations and legislative provisions in an appro- tients. Testimony was heard from public witnesses. priations bill) and clause 6 (prohibiting reappropri- ations in an appropriations bill) of rule XXI. The NLRB REVIEW rule provides for, prior to the consideration of any Committee on Education and the Workforce: Subcommit- other amendment, the consideration of the amend- tee on Employer-Employee Relations held a hearing ment numbered 1 in part 2 of the Rules Committee on Review of the National Labor Relations Board. report, if offered by the Member designated in the Testimony was heard from public witnesses. report which may amend portions of the bill not yet read for amendment. The rule provides for consider- PROTECTING PRIVATE PROPERTY ation of the amendments printed in part 2 of the RIGHTS—STATE APPROACHES Rules Committee report, except for the amendment Committee on the Judiciary: Subcommittee on the Con- numbered 1, which may only be offered by a Mem- stitution held a hearing on State Approaches to Pro- ber designated in the report and only at the appro- tecting Private Property Rights. Testimony was priate point in the reading of the bill, shall be con- heard from Richard Russman, Senator, State of New sidered as read, shall be debatable for the time speci- Hampshire; Chip Campsen, Representative, State of fied and shall not be subject to further amendment South Carolina; and public witnesses. or to a demand for a division of the question. The rule waives all points of order against the amend- COMMUNITY PROTECTION AND ment numbered 2 in part 2 of the Rules Committee HAZARDOUS FUELS REDUCTION ACT report. The rule waives points of order against the Committee on Resources: Subcommittee on Forests and amendments numbered 1 and 3 in part 2 of the Forest Health held a hearing on H.R. 2458, Com- Rules Committee report for failure to comply with munity Protection and Hazardous Fuels Reduction clause 2 (prohibiting unauthorized appropriations Act of 1997. Testimony was heard from Robert and legislative provisions in an appropriations bill) D992 CONGRESSIONAL RECORD — DAILY DIGEST September 23, 1997 of rule XXI. The rule permits the Chairman of the mental Protection Agency air quality standards on manu- Committee of the Whole to accord priority in rec- facturers, 9:30 a.m., SR–253. ognition to those Members who have pre-printed Committee on Energy and Natural Resources, business their amendments in the Congressional Record prior meeting, to consider pending calendar business, 9:30 to their consideration. The rule also allows the a.m., SD–366. Committee on Environment and Public Works, to continue Chairman to postpone recorded votes and to reduce hearings on S. 1180, to authorize funds for programs of to five minutes the voting time on any postponed the Endangered Species Act, 9:30 a.m., SD–406. question, provided voting time on the first in any Full Committee, business meeting, to mark up H.R. series of questions is not less than 15 minutes. Fi- 2443, to designate the Federal Building located at 601 nally, the rule provides one motion to recommit, Fourth Street, N.W., in the District of Columbia, as the with or without instructions. ‘‘Federal Bureau of Investigation, Washington Field Of- fice Memorial Building’’, in honor of William H. Chris- LEGISLATIVE BRANCH APPROPRIATIONS tian, Jr., Martha Dixon Martinez, Michael J. Miller, An- Committee on Rules: Granted by voice vote a rule thony Palmisano, and Edwin R. Woodriffe, time to be waiving all points of order against the Conference announced, S–216, Capitol. Report to accompany H.R. 2209, making appropria- Committee on Finance, to continue hearings to examine the practices and procedures of the Internal Revenue Serv- tions for the Legislative Branch for the fiscal year ice, 9 a.m., SD–106. ending September 30, 1998, and against its consid- Committee on Foreign Relations, to hold hearings on the eration. Testimony was heard from Representatives nominations of Thomas S. Foley, of Washington, to be Walsh and Serrano. Ambassador to Japan, and Alphonse F. La Porta, of New York, to be Ambassador to Mongolia, 10 a.m., SD–419. MISCELLANEOUS MEASURES Full Committee, business meeting, to consider pending Committee on Ways and Means: Ordered reported calendar business, 2:15 p.m., S–116, Capitol. amended the following bills: H.R. 2513, to amend Committee on Governmental Affairs, to continue hearings the Internal Revenue Code of 1986 to restore and to examine certain matters with regard to the commit- modify the provision of the Taxpayer Relief Act of tee’s special investigation on campaign financing, 10 1997 relating to exempting active financing income a.m., SH–216. Committee on Labor and Human Resources, business meet- from foreign personal holding company income and ing, to mark up the proposed Workforce Investment to provide for the nonrecognition of gain on the sale Partnership Act, and to consider pending nominations, of stock in agricultural processors to certain farmers’ 9:30 a.m., SD–430. cooperatives; and H.R. 2487, Child Support Incen- tive Act of 1997. House Committee on Agriculture, to consider H.R. 2493, Forage Improvement Act of 1997, 10 a.m., 1300 Longworth. Joint Meetings Committee on Banking and Financial Services, Subcommit- AMERICAN LEGION tee on Financial Institutions and Consumer Credit, hear- ing on issues relating to debit cards and unsolicited loan Joint Hearing: Senate Committee on Veterans Affairs checks, 9:30 a.m., 2128 Rayburn. and the House Committee on Veterans Affairs con- Committee on the Budget, hearing on Protecting the Fu- cluded joint hearings to review the legislative rec- ture of Social Security, 10:30 a.m., 210 Cannon. ommendations of the American Legion, after receiv- Committee on Commerce, to markup H.R. 695, Security ing testimony from Anthony G. Jordan, American and Freedom Through Encryption (SAFE) Act, 3:30 p.m., Legion, Washington, D.C. 2123 Rayburn. Subcommittee on Energy and Power, hearing on Elec- f tricity Competition: Necessary Federal and State Roles, COMMITTEE MEETINGS FOR 10:30 a.m., 2322 Rayburn. WEDNESDAY, SEPTEMBER 24, 1997 Committee on Government Reform and Oversight, to con- sider the following: granting of immunity to certain wit- (Committee meetings are open unless otherwise indicated) nesses; H.R. 1962, Presidential and Executive Office Fi- nancial Accountability Act of 1997; H.R. 404, to amend Senate the Federal Property and Administrative Services Act of Committee on Banking, Housing, and Urban Affairs, Sub- 1949 to authorize the transfer to State and local govern- committee on Financial Institutions and Regulatory Re- ments of certain surplus property for use for law enforce- lief, to oversight hearings on the operation of the Federal ment or public safety purposes; and other pending busi- Housing Finance Board, 10 a.m., SD–538. ness, 10 a.m., 2154 Rayburn. Committee on Commerce, Science, and Transportation, Sub- Committee on House Oversight, to consider Contested Elec- committee on Manufacturing and Competitiveness, to tion in the Forty-sixth District of California and other hold hearings to examine the impact of new Environ- pending business, 2 p.m., 1310 Longworth. September 23, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D993

Committee on International Relations, Subcommittee on fense for the fiscal year ending September 30, 1998; and International Economic Policy and Trade, to continue H.R. 901, American Land Sovereignty Protection Act, hearings on Fast Track: On Course or Derailed? Necessary 11:30 a.m., H–313 Capitol. or Not? 2 p.m., 2200 Rayburn. Committee on Science, hearing on Science, Math, Engi- Committee on the Judiciary, oversight hearing on the neering and Technology Education-Curriculum Develop- State of Competition in the Cable Television Industry, 10 ment, 10 a.m., 2318 Rayburn. a.m., 2141 Rayburn. Committee on Transportation and Infrastructure, to markup Subcommittee on Immigration and Claims, oversight H.R. 2400, Building Efficient Surface Transportation and hearing on temporary agricultural work visa programs, Equity Act of 1997, 10 a.m., 2167 Rayburn. 10:30 a.m., 2226 Rayburn. Committee on Resources, to consider a motion to authorize Joint Meetings the Chairman to issue subpoenas for the production of records related to the Committee’s review of the designa- Conferees, on H.R. 2158, making appropriations for the tion of the Grand Staircase-Escalante National Monu- Departments of Veterans Affairs and Housing and Urban ment; to be followed by a hearing on H.R. 1842, to ter- Development, and for sundry independent agencies, com- minate further development and implementation of the missions, corporations, and offices for the fiscal year end- American Heritage Rivers Initiative, 11 a.m., 1324 Long- ing September 30, 1998, 2:30 p.m., S–128, Capitol. worth. Conferees, on H.R. 2203, making appropriations for en- Committee on Rules, to consider the following: H.R. ergy and water development for the fiscal year ending 2266, making appropriations for the Department of De- September 30, 1998, 4 p.m., H–140, Capitol. D994 CONGRESSIONAL RECORD — DAILY DIGEST September 23, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Wednesday, September 24 10 a.m., Wednesday, September 24

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Wednesday: Consideration of the con- ation of S. 830, FDA Modernization and Accountability ference report to accompany H.R. 2209, Legislative Act, with a vote on final passage to occur thereon, and Branch Appropriation Act for FY 1998 (rule waiving may begin consideration of S. 1156, District of Columbia points of order); Appropriations, 1998. Consideration of H.R. 2267, Commerce, Justice, State, and Judiciary Appropriations Act for FY 1998 (open rule, 1 hour of debate);

Extensions of Remarks, as inserted in this issue

HOUSE Gingrich, Newt, Ga., E1819, E1822 Pascrell, Bill, Jr., N.J., E1822 Graham, Lindsey O., S.C., E1826 Ros-Lehtinen, Ileana, Fla., E1826 Armey, Richard K., Tex., E1826 Gutierrez, Luis V., Ill., E1829 Roukema, Marge, N.J., E1828 Becerra, Xavier, Calif., E1826 Hoyer, Steny H., Md., E1825 Serrano, Jose´ E., N.Y., E1820, E1821, E1823, E1825 Blunt, Roy, Mo., E1825 Kennedy, Patrick J., R.I., E1821 Skaggs, David E., Colo., E1826 Boucher, Rick, Va., E1824 Kind, Ron, Wisc., E1826 Smith, Robert, Ore., E1824, E1830 Clement, Bob, Tenn., E1822 Lewis, Jerry, Calif., E1821 Stark, Fortney Pete, Calif., E1820, E1821, E1823 Collins, Mac, Ga., E1828 Morella, Constance A., Md., E1829 Everett, Terry, Ala., E1823 Neal, Richard E., Mass., E1828

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