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

Vol. 142 WASHINGTON, TUESDAY, OCTOBER 1, 1996 No. 139 House of Representatives

The House met at 2 p.m. and was THE JOURNAL WASHINGTON, DC, called to order by the Speaker pro tem- The SPEAKER pro tempore. The October 1, 1996. pore [Mr. WALKER]. Hon. NEWT GINGRICH, Chair has examined the Journal of the The Speaker, last day’s proceedings and announces House of Representatives, f to the House his approval thereof. Washington, DC. Pursuant to clause 1, rule I, the Jour- DEAR MR. SPEAKER: Pursuant to the per- PRAYER nal stands approved. mission granted in Clause 5 of Rule III of the f Rules of the U.S. House of Representatives, The Chaplain, Rev. James David the Clerk received the following messages Ford, D.D., offered the following pray- PLEDGE OF ALLEGIANCE from the Secretary of the Senate on Monday, er: The SPEAKER pro tempore. Will the September 30, 1996 at 7:10 p.m.: gentleman from Mississippi [Mr. MONT- That the Senate agreed to conference re- Let us pray using the words of the port H.R. 3610. 100th Psalm: GOMERY]) come forward and lead the House in the Pledge of Allegiance. With warm regards, Be joyful in the Lord, all you lands. ROBIN H. CARLE, Mr. MONTGOMERY led the Pledge of Clerk, House of Representatives. Serve the Lord with gladness and Allegiance as follows: come before His presence with a song. I pledge allegiance to the Flag of the Unit- f Know this: The Lord Himself is God; ed States of America, and to the Republic for He Himself has made us, and we are which it stands, one nation under God, indi- ANNOUNCEMENT BY THE SPEAKER His; we are His people and the sheep of visible, with liberty and justice for all. PRO TEMPORE f His pasture. The SPEAKER pro tempore. The Enter His gates with thanksgiving; COMMUNICATION FROM THE Chair desires to announce that pursu- go into His courts with praise; give CLERK OF THE HOUSE ant to clause 4 of rule I, the Speaker thanks to Him and call upon His name. The SPEAKER pro tempore laid be- signed the following enrolled bill on For the Lord is good; His mercy is ev- fore the House the following commu- Monday, September 30, 1996: H.R. 3610, erlasting; and His faithfulness endures nication from the Clerk of the House of making omnibus consolidated appro- from age to age. Amen. Representatives: priations for the fiscal year ending

N O T I C E A final issue of the Congressional Record for the 104th Congress will be published on October 21, 1996, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT±60 or S±220 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m., through October 21. The final issue will be dated October 21, 1996 and will be delivered on October 23. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Record at Reporters.'' Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512±0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. WILLIAM M. THOMAS, Chairman.

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.

H12195 H12196 CONGRESSIONAL RECORD — HOUSE October 1, 1996 September 30, 1997, and for other pur- pensable to me throughout my entire Mr. SOLOMON. Mr. Speaker, will the poses. tenure. She was the absolute office gentleman yield? f manager par excellence in my Wash- Mr. CLINGER. I am delighted to ington office, along with Becky Mills yield to my classmate and good friend, GENERAL LEAVE in my district office in State College, the chairman of the Committee on Mr. SOLOMON. Mr. Speaker, I ask as well as Rosemarie Massa in my War- Rules, JERRY SOLOMON. unanimous consent that all Members ren office. My gratitude also to Susan Mr. SOLOMON. I just want to the say may have 5 legislative days within Gurekovich in the State College office, to the gentleman from Pennsylvania which to revise and extend their re- who has run my military academy se- that we certainly are going to miss marks on the subject of the special lection board for 18 years. you, BILL. You and I came here to- order of the gentleman from Wisconsin, They are the 18-year veterans, but gether 18 years ago, 2 years after the speaker pro tem in the Chair there, [Mr. SENSENBRENNER]. there are others. My AA, Ed Feddeman; BOB WALKER, and the two of you com- The SPEAKER pro tempore. Is there LA’s Allison Beltz and Jill Hershey; ing from Pennsylvania have been great objection to the request of the gen- press secretary Chris Krese; and so many others who have made my life so Members of this body. tleman from New York? But I just wanted to say a few words There was no objection. much easier and the lives of so many of my constituents so much better. about you, because you and I, I think f It has also been a great honor and ex- we started out, I was a member of the HOUR OF MEETING ON TOMORROW traordinary experience, I must say Committee on Transportation and In- mostly pleasurable experience, to serve frastructure back 18 years ago, went on Mr. SOLOMON. Mr. Speaker, I ask as chairman of the Government Reform that committee with you, and did not unanimous consent that when the and Oversight Committee, and I also last long. They pulled me off and put House adjourns today, it adjourn to want to salute the superb cadre of pro- me on some other committees. But you meet at 2 p.m. tomorrow. fessionals I have had the honor of being did such a magnificent job on the The SPEAKER pro tempore. Is there associated with on that committee. Transportation Committee. objection to the request of the gen- First and foremost, my long time But more than that, in the last 2 tleman from New York? friend, Jim Clarke, who came to Wash- years, you certainly have established There was no objection. ington with me in 1979 and has served just an impeccable record as chairman f in almost every capacity on the per- of the Government Oversight Commit- sonal staff, from go-fer, to administra- tee. That is not an easy committee. DISPENSING WITH CALL OF tive assistant, and now as the highly You had many difficult subjects to deal PRIVATE CALENDAR respected Chief of Staff of the Govern- with. Mr. SOLOMON. Mr. Speaker, I ask ment Reform and Oversight Commit- There are those of us that have ad- unanimous consent that the call of the tee. He has performed in every one of mired you for a long time, but in the Private Calendar be dispensed with those capacities with consummate last 2 years, that admiration has just today. skill and ability. escalated. Your demeanor and the way The SPEAKER pro tempore. Is there But so many others deserve com- you handle yourself is so appreciated objection to the request of the gen- mendation. Eddie Amorosi, who is an by all of us. tleman from New York? alumni of my personal office as well, I just wanted to take this oppor- There was no objection. who became a first class media expert tunity to wish you the best, you and your wife and your family when you f on the committee; Monty Tripp, our line item veto guru; Kristine Simmons, leave us. I hope you do not go too far SPECIAL ORDERS our unfunded mandates expert; Ellen away, because we want to lean on you for your old sage advice, even though The SPEAKER pro tempore. Under BROWN, without whom procurement re- you might not be here in the Chamber the Speaker’s announced policy of May form, dramatic procurement reform, would never have happened; Jane Cobb with us. 12, 1995, and under a previous order of Mr. CLINGER. I thank you very, very the House, the following Members will and Diann Howland, who helped much, JERRY. be recognized for 5 minutes each. produce significant reports on such f Under a previous order of the House, things as the looming decennial census The SPEAKER pro tempore. Under a the gentleman from New York [Mr. LA- and a critique of this administration’s previous order of the House, the gen- FALCE] is recognized for 5 minutes. management reform. My thanks also to Kevin Sabo for his tleman from Wisconsin [Mr. SENSEN- [Mr. LAFALCE addressed the House. wise and helpful advice as Chief Coun- BRENNER] is recognized for 5 minutes. His remarks will appear hereafter in sel, and to Barbara Olson and Barbara [Mr. SENSENBRENNER addressed the Extensions of Remarks.] Comstock and the entire investigative the House. His remarks will appear f team for their very careful, tenacious, hereafter in the Extensions of Re- FAREWELL TO CONGRESS very tenacious work, in conducting the marks.] numerous investigations that we have f The SPEAKER pro tempore. Under a undertaken as a committee. And to all [The following bill (H.R. 4236) was previous order of the House, the gen- of the unnamed others who helped omitted from the RECORD of Saturday, tleman from Pennsylvania [Mr. make our committee among the most September 28, 1996, at page H12023— CLINGER] is recognized for 5 minutes. productive, if not the most productive Part II.] Mr. CLINGER. Mr. Speaker, as the of the entire Congress, thank you from H.R. 4236 104th Congress winds to a close, and the bottom of my heart. along with it my tenure in this body, I Be it enacted by the Senate and House of Rep- Finally, my greatest thanks to my resentatives of the United States of America in am delighted to have this opportunity, wife Judy, who has put up with the un- Congress assembled, this unexpected opportunity, to take a predictability and the general chaos of SECTION 1. SHORT TITLE AND TABLE OF CON- moment to say thank you, thank you life in Congress with few complaints TENTS. to all of the dedicated men and women and enormous good humor for the past This Act may be cited as the ‘‘Omnibus who have served me and the constitu- 18 years. I have had a great ride, and I Parks and Public Lands Management Act of 1996’’. ents of my district in Pennsylvania so have enjoyed almost all of it. well, and members of my personal As I have said, as someone said, I am Sec. 1. Short title and table of contents. staff, both current and former staff humble enough to know I have made DIVISION I members, but most especially to those mistakes, but vain enough to have for- TITLE I—THE PRESIDIO OF SAN who have been with me from the begin- gotten what they are. I also know FRANCISCO ning; that is, from January 3, 1979. Sec. 101. Findings. whatever success I have had, I owe to Sec. 102. Authority and responsibility of the They include Nancy Scott. They say all of the people, named and unnamed, Secretary of the Interior. there is no such thing as an indispen- past and present, who I have thanked Sec. 103. Establishment of the Presidio sable person. Nancy Scott was indis- today. Trust. October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12197 Sec. 104. Duties and authorities of the Trust. Sec. 507. Historically black colleges and uni- Subtitle B—Sterling Forest Sec. 105. Limitations on funding. versities historic building res- Sec. 1011. Palisades Interstate Park Com- Sec. 106. General Accounting Office study. toration and preservation. mission. Sec. 508. Memorial to Martin Luther King, TITLE II—BOUNDARY ADJUSTMENTS Subtitle C—Additional Provisions AND CONVEYANCES Jr. Sec. 509. Advisory Council on Historic Pres- Sec. 1021. Recreation lakes. Sec. 201. Yucca House National Monument ervation reauthorization. Sec. 1022. Bisti/De-Na-Zin Wilderness expan- boundary adjustment. Sec. 510. Great Falls Historic District, New sion and fossil forest protec- Sec. 202. Zion National Park boundary ad- Jersey. tion. justment. Sec. 511. New Bedford National Historic Sec. 1023. Opal Creek Wilderness and Scenic Sec. 203. Pictured Rocks National Lakeshore Landmark District. Recreation Area. boundary adjustment. Sec. 512. Nicodemus National Historic Site. Sec. 1024. Upper Klamath Basin ecological Sec. 204. Independence National Historical Sec. 513. Unalaska. restoration projects. Park boundary adjustment. Sec. 514. Japanese American Patriotism Me- Sec. 1025. Deschutes Basin ecosystem res- Sec. 205. Craters of the Moon National morial. toration projects. Monument boundary adjust- Sec. 515. Manzanar National Historic Site. Sec. 1026. Bull Run protection. ment. Sec. 516. Recognition and designation of the Sec. 1027. Oregon Islands Wilderness, addi- Sec. 206. Hagerman Fossil Beds National AIDS Memorial Grove as na- tions. Monument boundary adjust- tional memorial. Sec. 1028. Umpqua River land exchange ment. study: policy and direction. Sec. 207. Wupatki National Monument TITLE VI—CIVIL AND REVOLUTIONARY WAR SITES Sec. 1029. Boston Harbor Islands Recreation boundary adjustment. Area. Sec. 601. United States Civil War Center. Sec. 208. Walnut Canyon National Monu- Sec. 1030. Natchez National Historical Park. Sec. 602. Corinth, Mississippi, Battlefield ment boundary modification. Sec. 1031. Substitution of timber for can- Sec. 209. Butte County, California land con- Act. Sec. 604. Revolutionary War and War of 1812 celed timber sale. veyance. Sec. 1032. Rural electric and telephone fa- Historic Preservation Study. Sec. 210. Taos Pueblo land transfer. cilities. Sec. 211. Colonial National Historical Park. Sec. 605. American battlefield protection program. Sec. 1033. Federal borough recognition. Sec. 212. Cuprum, Idaho relief. Sec. 1035. Extension of statue of limitation. Sec. 214. Relinquishment of interest. Sec. 606. Chickamauga and Chattanooga Na- tional Military Parks. Sec. 1038. Regulation of fishing in certain Sec. 215. Modoc National Forest. waters of Alaska. Sec. 216. Conveyance to City of Sumpter, Or- Sec. 607. Shenandoah Valley battlefields. Sec. 608. Washita Battlefield. Sec. 1039. Credit for reconveyance. egon. Sec. 1040. Radio site report. Sec. 217. Cumberland Gap National Histori- TITLE VII—FEES cal Park. TITLE XI—CALIFORNIA BAY DELTA Sec. 701. Ski area permit rental charge. ENVIRONMENTAL ENHANCEMENT Sec. 220. Alpine School District. Sec. 702. Delaware water gap. Sec. 221. Merced Irrigation District land ex- Sec. 704. Glacier Bay National Park. Sec. 1101. Program Funding. change. TITLE VIII—MISCELLANEOUS ADMINIS- Sec. 222. Father Aull site transfer. TRATIVE AND MANAGEMENT PROVI- DIVISION II Sec. 223. Coastal Barrier Resources System. SIONS Sec. 224. Conveyance to Del Norte County TITLE I—NATIONAL COAL HERITAGE Unified School District. Sec. 801. Limitation on park buildings. AREA Sec. 802. Appropriations for transportation TITLE III—EXCHANGES Sec. 101. Short title. of children. Sec. 102. Findings. Sec. 301. Targhee National Forest land ex- Sec. 803. Feral burros and horses. Sec. 103. Establishment. change. Sec. 804. Authorities of the Secretary of the Sec. 104. Contractual agreement. Sec. 302. Anaktuvuk Pass land exchange. Interior relating to museums. Sec. 105. Eligible resources. Sec. 303. Alaska Peninsula subsurface con- Sec. 805. Volunteers in parks increase. Sec. 106. Coal heritage management plan. solidation. Sec. 806. Carl Garner Federal Lands Cleanup Sec. 107. Sunset. Sec. 304. Snowbasin Land Exchange Act. Day. Sec. 108. Authorization of appropriations. Sec. 305. Arkansas and Oklahoma land ex- Sec. 807. Fort Pulaski National Monument, TITLE II—TENNESSEE CIVIL WAR change. Georgia. HERITAGE AREA Sec. 306. Big Thicket National Preserve. Sec. 808. Laura C. Hudson Visitor Center. Sec. 307. Lost Creek land exchange. Sec. 809. Robert J. Lagomarsino Visitor Sec. 201. Findings and purposes. Sec. 308. Cleveland National Forest land ex- Center. Sec. 202. Definitions. change. Sec. 810. Expenditure of funds outside au- Sec. 203. Tennessee Civil War Heritage Area. Sec. 309. Sand Hollow land exchange. thorized boundary of Rocky Sec. 204. Compact. Sec. 310. Bureau of Land Management au- Mountain National Park. Sec. 205. Management. thorization for fiscal years 1997 Sec. 811. Dayton aviation. Sec. 206. Duties and authorities of Sec- through 2002. Sec. 812. Prohibition on certain transfers of retary. Sec. 311. Kenai Natives Association land ex- national forest lands. Sec. 207. Savings provisions. change. Sec. 813. Grand Lake Cemetery. Sec. 208. Sunset. TITLE IV—RIVERS AND TRAILS Sec. 814. National Park Service administra- Sec. 209. Authorization of appropriations. tive reform. Sec. 402. Rio Puerco watershed. TITLE III—AUGUSTA CANAL NATIONAL Sec. 815. William B. Smullin Visitor Center. Sec. 403. Old Spanish Trail. HERITAGE AREA Sec. 816. Calumet Ecological Park. Sec. 404. Great Western Scenic Trail. Sec. 301. Findings. Sec. 817. Acquisition of certain property on Sec. 405. Hanford Reach Preservation. Sec. 302. Purpose. Santa Cruz Island. Sec. 406. Lamprey Wild and Scenic River. Sec. 303. Designation of Augusta Canal Na- Sec. 818. National Park Agreements. Sec. 407. West Virginia National Rivers tional Heritage Area. Amendments of 1996. TITLE IX—HERITAGE AREAS Sec. 304. Management. Sec. 408. Technical amendment to the Wild Sec. 901. Blackstone River Valley National Sec. 305. Management plan. and Scenic Rivers Act. Heritage Corridor. Sec. 306. Grants and technical assistance. Sec. 409. Protection of North St. Vrain Sec. 902. Illinois and Michigan Canal Na- Sec. 307. Acquisition of real property. Creek, Colorado. tional Heritage Corridor. Sec. 308. Occupational, safety, conservation, TITLE V—HISTORIC AREAS AND CIVIL TITLE X—MISCELLANEOUS and environmental regulation. Sec. 309. Land use regulation. RIGHTS Subtitle A—Tallgrass Prairie National Sec. 310. Sunset. Sec. 501. The Selma to Montgomery Na- Preserve Sec. 311. Authorization of appropriations. tional Historic Trail. Sec. 1001. Short title. Sec. 502. Vancouver National Historic Re- Sec. 1002. Findings and purposes. TITLE IV—STEEL INDUSTRY HERITAGE serve. Sec. 1003. Definitions. PROJECT Sec. 503. Extension of Kaloko-Honokohau Sec. 1004. Establishment of Tallgrass Prairie Sec. 401. Short title. Advisory Commission. National Preserve. Sec. 402. Findings and purpose. Sec. 504. Amendment to Boston National Sec. 1005. Administration of National Pre- Sec. 403. Steel Industry American Heritage Historic Park Act. serve. Area. Sec. 505. Women’s Rights National Histori- Sec. 1006. Limited authority to acquire. Sec. 404. Compact. cal Park. Sec. 1007. Advisory Committee. Sec. 405. Management plan. Sec. 506. Black Patriots Memorial Exten- Sec. 1008. Restriction on authority. Sec. 406. Authorities and duties of manage- sion. Sec. 1009. Authorization of appropriations. ment entity. H12198 CONGRESSIONAL RECORD — HOUSE October 1, 1996 Sec. 407. Duties and authorities of Federal (2) the Presidio is the oldest continuously sidio Trust, shall not be separated from the agencies. operated military post in the Nation dating Service by reason of such transfer, unless Sec. 408. Sunset. from 1776, and was designated a National such employee is employed by the Trust, Sec. 409. Authorization of appropriations. Historic Landmark in 1962; other than on detail. Notwithstanding sec- TITLE V—ESSEX NATIONAL HERITAGE (3) preservation of the cultural and historic tion 3503 of title 5, United States Code, the AREA integrity of the Presidio for public use recog- Trust shall have sole discretion over whether nizes its significant role in the history of the to hire any such employee or request a detail Sec. 501. Findings and purpose. United States; of such employee. Sec. 502. Definitions. (2) Any career employee of the National Sec. 503. Designation of National Heritage (4) the Presidio, in its entirety, is a part of the Golden Gate National Recreation Area, Park Service employed at the Presidio on Area. the date of enactment of this title shall be Sec. 504. Management entity. in accordance with Public Law 92–589; (5) as part of the Golden Gate National given priority placement for any available Sec. 505. Duties of the Secretary. position within the National Park System Sec. 506. Private property. Recreation Area, the Presidio’s significant natural, historic, scenic, cultural, and rec- notwithstanding any priority reemployment Sec. 507. Sunset. lists, directives, rules, regulations or other Sec. 508. Authorization of appropriations. reational resources must be managed in a manner which is consistent with sound prin- orders from the Department of the Interior, TITLE VI—SOUTH CAROLINA NATIONAL ciples of land use planning and management, the Office of Management and Budget, or HERITAGE CORRIDOR and which protects the Presidio from devel- other Federal agencies. Sec. 601. Short title. opment and uses which would destroy the SEC. 103. ESTABLISHMENT OF THE PRESIDIO Sec. 602. Findings and purpose. scenic beauty and historic and natural char- TRUST. Sec. 603. Definitions. acter of the area and cultural and rec- (a) ESTABLISHMENT.—There is established a Sec. 604. South Carolina National Heritage reational resources; wholly owned government corporation to be Corridor. (6) removal and/or replacement of some known as the Presidio Trust (hereinafter in Sec. 605. Management entity. structures within the Presidio must be con- this title referred to as the ‘‘Trust’’). (b) TRANSFER.—(1) Within 60 days after re- Sec. 606. Duties of the Secretary. sidered as a management option in the ad- ceipt of a request from the Trust for the Sec. 607. Sunset. ministration of the Presidio; and transfer of any parcel within the area de- Sec. 608. Authorization of appropriations. (7) the Presidio will be managed through picted as Area B on the map entitled ‘‘Pre- an innovative public/private partnership that TITLE VII—AMERICA’S AGRICULTURAL sidio Trust Number 1’’, dated December 7, minimizes cost to the United States Treas- HERITAGE PARTNERSHIP 1995, the Secretary shall transfer such parcel ury and makes efficient use of private sector Sec. 701. Findings and purposes. to the administrative jurisdiction of the resources. Sec. 702. Definitions. Trust. Within 1 year after the first meeting Sec. 703. Establishment of the America’s Ag- SEC. 102. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF THE INTERIOR. of the Board of Directors of the Trust, the ricultural Heritage Partner- Secretary shall transfer to the Trust admin- (a) INTERIM AUTHORITY.—The Secretary of ship. the Interior (hereinafter in this title referred istrative jurisdiction over all remaining par- Sec. 704. Establishment of the America’s Ag- to as the ‘‘Secretary’’) is authorized to man- cels within Area B. Such map shall be on file ricultural Heritage Partnership age leases in existence on the date of this and available for public inspection in the of- management entity. Act for properties under the administrative fices of the Trust and in the offices of the Sec. 705. Partnership management plan. jurisdiction of the Secretary and located at National Park Service, Department of the Sec. 706. Land use regulation and private the Presidio. Upon the expiration of any Interior. The Trust and the Secretary may property protection. such lease, the Secretary may extend such jointly make technical and clerical revisions Sec. 707. Sunset. lease for a period terminating not later than in the boundary depicted on such map. The Sec. 708. Authorization of appropriations. 6 months after the first meeting of the Pre- Secretary shall retain jurisdiction over those TITLE VIII—OHIO & ERIE CANAL sidio Trust. The Secretary may not enter portions of the building identified as number NATIONAL HERITAGE CORRIDOR into any new leases for property at the Pre- 102 as the Secretary deems essential for use Sec. 801. Short title. sidio to be transferred to the Presidio Trust as a visitor center. The Building shall be Sec. 802. Findings and purpose. under this title, however, the Secretary is named the ‘‘William Penn Mott Visitor Cen- Sec. 803. Definitions. authorized to enter into agreements for use ter’’. Any parcel of land, the jurisdiction Sec. 804. Ohio & Erie Canal National Herit- and occupancy of the Presidio properties over which is transferred pursuant to this age Corridor. which are assignable to the Trust and are subsection, shall remain within the bound- Sec. 805. The Ohio & Erie Canal National terminable with 30 days notice. Prior to the ary of the Golden Gate National Recreation Heritage Corridor committee. transfer of administrative jurisdiction over Area. With the consent of the Secretary, the Sec. 806. Powers and duties of the national any property to the Presidio Trust, and not- Trust may at any time transfer to the ad- heritage corridor committee. withstanding section 1341 of title 31 of the ministrative jurisdiction of the Secretary Sec. 807. Management entity. United States Code, the proceeds from any any other properties within the Presidio Sec. 808. Duties of the management entity. such lease shall be retained by the Secretary which are surplus to the needs of the Trust Sec. 809. Duties and authorities of Federal and such proceeds shall be available, without and which serve essential purposes of the agencies. further appropriation, for the preservation, Golden Gate National Recreation Area. The Sec. 810. Lack of effect on land use regula- restoration, operation and maintenance, im- Trust is encouraged to transfer to the ad- tion and private property. provement, repair and related expenses in- ministrative jurisdiction of the Secretary Sec. 811. Sunset. curred with respect to Presidio properties. open space areas which have high public use Sec. 812. Authorization of appropriations. The Secretary may adjust the rental charge potential and are contiguous to other lands on any such lease for any amounts to be ex- administrated by the Secretary. TITLE IX—HUDSON RIVER VALLEY pended by the lessee for preservation, main- (2) Within 60 days after the first meeting of NATIONAL HERITAGE AREA tenance, restoration, improvement, repair the Board of Directors of the Trust, the Sec. 901. Short Title. and related expenses with respect to prop- Trust and the Secretary shall determine co- Sec. 902. Findings. erties and infrastructure within the Presidio. operatively which records, equipment, and Sec. 903. Purposes. (b) PUBLIC INFORMATION AND INTERPRETA- other personal property are deemed to be Sec. 904. Hudson River Valley American TION.—The Secretary shall be responsible, in necessary for the immediate administration Heritage Area. cooperation with the Presidio Trust, for pro- of the properties to be transferred, and the Sec. 905. Compact. viding public interpretive services, visitor Secretary shall immediately transfer such Sec. 906. Management Plan. orientation and educational programs on all personal property to the Trust. Within 1 year Sec. 907. Authorities and Duties of Man- lands within the Presidio. after the first meeting of the Board of Direc- agement. (c) OTHER.—Those lands and facilities tors of the Trust, the Trust and the Sec- Sec. 908. Duties and Authorities of Federal within the Presidio that are not transferred retary shall determine cooperatively what, if Agencies. to the administrative jurisdiction of the Pre- any, additional records, equipment, and Sec. 909. Authorization of Appropriations. sidio Trust shall continue to be managed by other personal property used by the Sec- Sec. 910. Sunset. the Secretary. The Secretary and the Pre- retary in the administration of the prop- DIVISION I sidio Trust shall cooperate to ensure ade- erties to be transferred should be transferred quate public access to all portions of the to the Trust. TITLE I—THE PRESIDIO OF SAN Presidio. Any infrastructure and building (3) The Secretary shall transfer, with the FRANCISCO improvement projects that were funded prior transfer of administrative jurisdiction over SEC. 101. FINDINGS. to the enactment of this Act shall be com- any property, the unobligated balance of all The Congress finds that— pleted by the National Park Service. funds appropriated to the Secretary, all (1) the Presidio, located amidst the incom- (d) PARK SERVICE EMPLOYEES.—(1) Any ca- leases, concessions, licenses, permits, and parable scenic splendor of the Golden Gate, reer employee of the National Park Service, other agreements affecting such property. is one of America’s great natural and his- employed at the Presidio at the time of the (4) At the request of the Trust, the Sec- toric sites; transfer of lands and facilities to the Pre- retary shall provide funds to the Trust for October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12199 preparation of the program required under regard to the provisions of title 5, United Procurement Policy, shall establish and pro- section 104(c) of this title, hiring of initial States Code, governing appointments in the mulgate procedures applicable to the Trust’s staff and other activities deemed by the competitive service, and may pay them with- procurement of goods and services including, Trust as essential to the establishment of out regard to the provisions of chapter 51, but not limited to, the award of contracts on the Trust prior to the transfer of properties and subchapter III of chapter 53, title 5, the basis of contractor qualifications, price, to the Trust. United States Code, relating to classification commercially reasonable buying practices, (c) BOARD OF DIRECTORS.— and General Schedule pay rates. and reasonable competition. (1) IN GENERAL.—The powers and manage- (8) NECESSARY POWERS.—The Trust shall (c) MANAGEMENT PROGRAM.—The Trust ment of the Trust shall be vested in a Board have all necessary and proper powers for the shall develop a comprehensive program for of Directors (hereinafter referred to as the exercise of the authorities vested in it. management of those lands and facilities ‘‘Board’’) consisting of the following 7 mem- (9) TAXES.—The Trust and all properties within the Presidio which are transferred to bers: administered by the Trust shall be exempt the administrative jurisdiction of the Trust. (A) The Secretary of the Interior or the from all taxes and special assessments of Such program shall be designed to reduce ex- Secretary’s designee. every kind by the State of California, and its penditures by the National Park Service and (B) 6 individuals, who are not employees of political subdivisions, including the City and increase revenues to the Federal Govern- the Federal Government, appointed by the County of San Francisco. ment to the maximum extent possible. In President, who shall possess extensive (10) GOVERNMENT CORPORATION.—(A) The carrying out this program, the Trust shall be knowledge and experience in one or more of Trust shall be treated as a wholly owned treated as a successor in interest to the Na- the fields of city planning, finance, real es- Government corporation subject to chapter tional Park Service with respect to compli- tate development, and resource conserva- 91 of title 31, United States Code (commonly ance with the National Environmental Pol- tion. At least one of these individuals shall referred to as the Government Corporation icy Act and other environmental compliance be a veteran of the Armed Services. At least Control Act). Financial statements of the statutes. Such program shall consist of— 3 of these individuals shall reside in the San Trust shall be audited annually in accord- (1) demolition of structures which in the Francisco Bay Area. The President shall ance with section 9105 of title 31 of the Unit- opinion of the Trust, cannot be cost-effec- make the appointments referred to in this ed States Code. tively rehabilitated, and which are identified subparagraph within 90 days after the enact- (B) At the end of each calendar year, the in the management plan for demolition, ment of this Act and shall ensure that the Trust shall submit to the Committee on En- (2) evaluation for possible demolition or re- fields of city planning, finance, real estate ergy and Natural Resources of the United placement those buildings identified as cat- development, and resource conservation are States Senate and the Committee on Re- egories 2 through 5 in the Presidio of San adequately represented. Upon establishment sources of the House of Representatives a Francisco Historic Landmark District His- of the Trust, the Chairman of the Board of comprehensive and detailed report of its op- toric American Buildings Survey Report, Directors of the Trust shall meet with the erations, activities, and accomplishments for dated 1985, Chairman of the Energy and Natural Re- the prior fiscal year. The report also shall in- sources Committee of the United States Sen- (3) new construction limited to replace- ate and the Chairman of the Resources Com- clude a section that describes in general ment of existing structures of similar size in mittee of the United States House of Rep- terms the Trust’s goals for the current fiscal existing areas of development, and resentatives. year. (4) examination of a full range of reason- able options for carrying out routine admin- (2) TERMS.—Members of the Board ap- SEC. 104. DUTIES AND AUTHORITIES OF THE pointed under paragraph (1)(B) shall each TRUST. istrative and facility management programs. serve for a term of 4 years, except that of the (a) OVERALL REQUIREMENTS OF THE The Trust shall consult with the Secretary members first appointed, 3 shall serve for a TRUST.—The Trust shall manage the leasing, in the preparation of this program. maintenance, rehabilitation, repair and im- term of 2 years. Any vacancy in the Board (d) FINANCIAL AUTHORITIES.—To augment shall be filled in the same manner in which provement of property within the Presidio or encourage the use of non-Federal funds to the original appointment was made, and any under its administrative jurisdiction using finance capital improvements on Presidio member appointed to fill a vacancy shall the authorities provided in this section, properties transferred to its jurisdiction, the serve for the remainder of the term for which which shall be exercised in accordance with Trust, in addition to its other authorities, his or her predecessor was appointed. No ap- the purposes set forth in section 1 of the Act shall have the following authorities subject pointed member may serve more than 8 entitled ‘‘An Act to establish the Golden to the Federal Credit Reform Act of 1990 (2 Gate National Recreation Area in the State years in consecutive terms. U.S.C. 661 et seq.): of California, and for other purposes’’, ap- (3) QUORUM.—Four members of the Board (1) The authority to guarantee any lender proved October 27, 1972 (Public Law 92–589; 86 shall constitute a quorum for the conduct of against loss of principal or interest on any Stat. 1299; 16 U.S.C. 460bb), and in accordance business by the Board. loan: Provided, That— with the general objectives of the General (4) ORGANIZATION AND COMPENSATION.—The (A) the terms of the guarantee are ap- Management Plan (hereinafter referred to as Board shall organize itself in such a manner proved by the Secretary of the Treasury; the ‘‘management plan’’) approved for the as it deems most appropriate to effectively (B) adequate subsidy budget authority is Presidio. carry out the authorized activities of the provided in advance in appropriations Acts; (b) AUTHORITIES.—The Trust may partici- Trust. Board members shall serve without pate in the development of programs and ac- and pay, but may be reimbursed for the actual tivities at the properties transferred to the (C) such guarantees are structured so as to and necessary travel and subsistence ex- Trust, except that the Trust shall have the minimize potential cost to the Federal Gov- penses incurred by them in the performance authority to negotiate and enter into such ernment. No loan guarantee under this title of the duties of the Trust. agreements, leases, contracts and other ar- shall cover more than 75 percent of the un- (5) LIABILITY OF DIRECTORS.—Members of rangements with any person, firm, associa- paid balance of the loan. The Trust may col- the Board of Directors shall not be consid- tion, organization, corporation or govern- lect a fee sufficient to cover its costs in con- ered Federal employees by virtue of their mental entity, including, without limita- nection with each loan guaranteed under membership on the Board, except for pur- tion, entities of Federal, State and local gov- this title. The authority to enter into any poses of the Federal Tort Claims Act and the ernments as are necessary and appropriate such loan guarantee agreement shall expire Ethics in Government Act, and the provi- to carry out its authorized activities. Any at the end of 15 years after the date of enact- sions of chapter 11 of title 18, United States such agreement may be entered into without ment of this title. Code. regard to section 321 of the Act of June 30, (2) The authority, subject to appropria- (6) MEETINGS.—The Board shall meet at 1932 (40 U.S.C. 303b). The Trust shall estab- tions, to make loans to the occupants of least three times per year in San Francisco lish procedures for lease agreements and property managed by the Trust for the pres- and at least two of those meetings shall be other agreements for use and occupancy of ervation, restoration, maintenance, or repair open to the public. Upon a majority vote, the Presidio facilities, including a requirement of such property. Board may close any other meetings to the that in entering into such agreements the (3) The authority to issue obligations to public. The Board shall establish procedures Trust shall obtain reasonable competition. the Secretary of the Treasury, but only if for providing public information and oppor- The Trust may not dispose of or convey fee the Secretary of the Treasury agrees to pur- tunities for public comment regarding pol- title to any real property transferred to it chase such obligations after determining icy, planning, and design issues. The Board under this title. Federal laws and regula- that the projects to be funded from the pro- may establish procedures for providing pub- tions governing procurement by Federal ceeds thereof are credit worthy and that a lic information and opportunities for public agencies shall not apply to the Trust, with repayment schedule is established and only comment regarding policy, planning, and de- the exception of laws and regulations related to the extent authorized in advance in appro- sign issues through the Golden Gate Na- to Federal government contracts governing priations acts. The Secretary of the Treas- tional Recreation Area Advisory Commis- working conditions and wage rates, includ- ury is authorized to use as a public debt sion. ing the provisions of sections 276a–276a–6 of transaction the proceeds from the sale of any (7) STAFF.—The Trust is authorized to ap- title 40, United States Code (Davis-Bacon securities issued under chapter 31 of title 31, point and fix the compensation and duties of Act), and any civil rights provisions other- United States Code, and the purposes for an executive director and such other officers wise applicable thereto. The Trust, in con- which securities may be issued under such and employees as it deems necessary without sultation with the Administrator of Federal chapter are extended to include any purchase H12200 CONGRESSIONAL RECORD — HOUSE October 1, 1996 of such notes or obligations acquired by the negotiate directly with regulatory authori- eral Accounting Office shall conduct an in- Secretary of the Treasury under this sub- ties. terim study of the activities of the Trust and section. Obligations issued under this sub- (l) INSURANCE.—The Trust shall require shall report the results of the study to the paragraph shall be in such forms and de- that all leaseholders and contractors procure Committee on Energy and Natural Resources nominations, bearing such maturities, and proper insurance against any loss in connec- and the Committee on Appropriations of the subject to such terms and conditions, as may tion with properties under lease or contract, United States Senate, and the Committee on be prescribed by the Secretary of the Treas- or the authorized activities granted in such Resources and Committee on Appropriations ury, and shall bear interest at a rate deter- lease or contract, as is reasonable and cus- of the House of Representatives. The study mined by the Secretary of the Treasury, tak- tomary. shall include, but shall not be limited to, de- ing into consideration current market yields (m) BUILDING CODE COMPLIANCE.—The tails of how the Trust is meeting its obliga- on outstanding marketable obligations of Trust shall bring all properties under its ad- tions under this title. the United States of comparable maturities. ministrative jurisdiction into compliance (b) In consultation with the Trust, the No funds appropriated to the Trust may be with Federal building codes and regulations General Accounting Office shall develop an used for repayment of principal or interest appropriate to use and occupancy within 10 interim schedule and plan to reduce and re- on, or redemption of, obligations issued years after the enactment of this title to the place the Federal appropriations to the ex- under this paragraph. extent practicable. tent practicable for interpretive services (n) LEASING.—In managing and leasing the (4) The aggregate amount of obligations is- conducted by the National Park Service, and properties transferred to it, the Trust shall sued under this subsection which are out- law enforcement activities and services, fire consider the extent to which prospective ten- standing at any one time may not exceed and public safety programs conducted by the ants contribute to the implementation of the $50,000,000. Trust. (e) DONATIONS.—The Trust may solicit and General Management Plan for the Presidio (c) Seven years after the first meeting of accept donations of funds, property, supplies, and to the reduction of cost to the Federal the Board of Directors of the Trust, the Gen- or services from individuals, foundations, Government. The Trust shall give priority to eral Accounting Office shall conduct a com- corporations, and other private or public en- the following categories of tenants: Tenants prehensive study of the activities of the tities for the purpose of carrying out its du- that enhance the financial viability of the Trust, including the Trust’s progress in ties. The Trust is encouraged to maintain a Presidio and tenants that facilitate the cost- meeting its obligations under this title, tak- liaison with the Golden Gate National Park effective preservation of historic buildings ing into consideration the results of the Association. through their reuse of such buildings. study described in subsection (a) and the im- (f) PUBLIC AGENCY.—The Trust shall be (o) REVERSION.—If, at the expiration of 15 plementation of plan and schedule required deemed to be a public agency for purposes of years, the Trust has not accomplished the in subsection (b). The General Accounting entering into joint exercise of powers agree- goals and objectives of the plan required in Office shall report the results of the study, ments pursuant to California government section 105(b) of this title, then all property including any adjustments to the plan and code section 6500 and related provisions of under the administrative jurisdiction of the schedule, to the Committee on Energy and that Code. Trust pursuant to section 103(b) of this title Natural Resources and the Committee on (g) PROCEEDS.—Notwithstanding section shall be transferred to the Administrator of Appropriations of the United States Senate, 1341 of title 31 of the United States Code, all the General Services Administration to be and the Committee on Resources and Com- proceeds received by the Trust shall be re- disposed of in accordance with the proce- mittee on Appropriations of the House of tained by the Trust, and such proceeds shall dures outlined in the Defense Authorization Representatives. be available, without further appropriation, Act of 1990 (104 Stat. 1809), and any real prop- TITLE II—BOUNDARY ADJUSTMENTS AND for the administration, preservation, res- erty so transferred shall be deleted from the CONVEYANCES toration, operation and maintenance, im- boundary of the Golden Gate National Recre- SEC. 201. YUCCA HOUSE NATIONAL MONUMENT provement, repair and related expenses in- ation Area. In the event of such transfer, the BOUNDARY ADJUSTMENT. curred with respect to Presidio properties terms and conditions of all agreements and (a) IN GENERAL.—The boundaries of Yucca under its administrative jurisdiction. The loans regarding such lands and facilities en- House National Monument are revised to in- Secretary of the Treasury shall invest excess tered into by the Trust shall be binding on clude the approximately 24.27 acres of land moneys of the Trust in public debt securities any successor in interest. generally depicted on the map entitled which shall bear interest at rates determined SEC. 105. LIMITATIONS ON FUNDING. ‘‘Boundary—Yucca House National Monu- by the Secretary of the Treasury taking into (a)(1) From amounts made available to the ment, Colorado’’, numbered 318/80,001–B, and consideration the current average market Secretary for the operation of areas within dated February 1990. yield on outstanding marketable obligations the Golden Gate National Recreation Area, (b) MAP.—The map referred to in sub- of the United Stats of comparable maturity. not more than $25,000,000 shall be available section (a) shall be on file and available for (h) SUITS.—The Trust may sue and be sued to carry out this title in each fiscal year public inspection in appropriate offices of in its own name to the same extent as the after the enactment of this title until the the National Park Service of the Department Federal Government. Litigation arising out plan is submitted under subsection (b). Such of the Interior. of the activities of the Trust shall be con- sums shall remain available until expended. (c) ACQUISITION.— ducted by the Attorney General; except that (2) After the plan required in subsection (b) (1) IN GENERAL.—Within the lands described the Trust may retain private attorneys to is submitted, and for each of the 14 fiscal in subsection (a), the Secretary of the Inte- provide advice and counsel. The District years thereafter, there are authorized to be rior may acquire lands and interests in lands Court for the Northern District of California appropriated to the Trust not more than the by donation. shall have exclusive jurisdiction over any amounts specified in such plan. Such sums (2) The Secretary of the Interior may pay suit filed against the Trust. shall remain available until expended. Of administrative costs arising out of any dona- (i) MEMORANDUM OF AGREEMENT.—The such sums, not more than $3,000,000 annually tion described in paragraph (1) with appro- Trust shall enter into a Memorandum of shall be available through the Trust for law priated funds. Agreement with the Secretary, acting enforcement activities and services to be SEC. 202. ZION NATIONAL PARK BOUNDARY AD- through the Chief of the United States Park provided by the United States Park Police at JUSTMENT. Police, for the conduct of law enforcement the Presidio in accordance with section (a) ACQUISITION AND BOUNDARY CHANGE.— activities and services within those portions 104(h) of this title. The Secretary of the Interior is authorized of the Presidio transferred to the adminis- (b) Within 1 year after the first meeting of to acquire by exchange approximately 5.48 trative jurisdiction of the Trust. the Board of Directors of the Trust, the acres located in the SW 1⁄4 of Section 28, (j) BYLAWS, RULES, AND REGULATIONS.—The Trust shall submit to Congress a plan which Township 41 South, Range 10 West, Salt Trust may adopt, amend, repeal, and enforce includes a schedule of annual decreasing fed- Lake Base and Meridian. In exchange there- bylaws, rules and regulations governing the erally appropriated funding that will for the Secretary is authorized to convey all manner in which its business may be con- achieve, at a minimum, self-sufficiency for right, title, and interest of the United States ducted and the powers vested in it may be the Trust within 15 complete fiscal years in and to approximately 5.51 acres in Lot 2 of exercised. The Trust is authorized, in con- after such meeting of the Trust. No further Section 5, Township 41 South, Range 11 West, sultation with the Secretary, to adopt and to funds shall be authorized for the Trust 15 both parcels of land being in Washington enforce those rules and regulations that are years after the first meeting of the Board of County, Utah. Upon completion of such ex- applicable to the Golden Gate National Directors of the Trust. change, the Secretary is authorized to revise Recreation Area and that may be necessary (c) The Administrator of the General Serv- the boundary of Zion National Park to add and appropriate to carry out its duties and ices Administration shall provide necessary the 5.48 acres in section 28 to the park and to responsibilities under this title. The Trust assistance, including detailees as necessary, exclude the 5.51 acres in section 5 from the shall give notice of the adoption of such to the Trust in the formulation and submis- park. Land added to the park shall be admin- rules and regulations by publication in the sion of the annual budget request for the ad- istered as part of the park in accordance Federal Register. ministration, operation, and maintenance of with the laws and regulations applicable (k) DIRECT NEGOTIATIONS.—For the purpose the Presidio. thereto. of compliance with applicable laws and regu- SEC. 106. GENERAL ACCOUNTING OFFICE STUDY. (b) EXPIRATION.—The authority granted by lations concerning properties transferred to (a) Three years after the first meeting of this section shall expire 2 years after the the Trust by the Secretary, the Trust shall the Board of Directors of the Trust, the Gen- date of the enactment of this Act. October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12201 SEC. 203. PICTURED ROCKS NATIONAL LAKE- Addition 168.89 Acres’’ on the map entitled reau of Land Management conducted in 1992, SHORE BOUNDARY ADJUSTMENT. ‘‘Boundary—Wupatki and Sunset Crater Na- and subsequent Forest Service land line loca- The boundary of Pictured Rocks National tional Monuments, Arizona’’, numbered 322– tion surveys, including all adjoining parcels Lakeshore is hereby modified as depicted on 80,021, and dated April 1989. The map shall be where the property line as identified by the the map entitled ‘‘Area Proposed for Addi- on file and available for public inspection in 1992 BLM dependent resurvey and National tion to Pictured Rocks National Lakeshore’’, the Office of the National Park Service, De- Forest boundary lines before such dependent numbered 625–80,043A, and dated July 1992. partment of the Interior. Subject to valid ex- resurvey are not coincident. SEC. 204. INDEPENDENCE NATIONAL HISTORICAL isting rights, Federal lands and interests (2) The term ‘‘claimant’’ means an owner PARK BOUNDARY ADJUSTMENT. therein within the area added to the monu- of real property in Butte County, California, The administrative boundary between ment by this section are hereby transferred whose real property adjoins Plumas National Independence National Historical Park and without monetary consideration or reim- Forest lands described in paragraph (1), who the United States Customs House along the bursement to the administrative jurisdiction claims to have been deprived by the United Moravian Street Walkway in Philadelphia, of the National Park Service, to be adminis- States of title to property as a result of pre- Pennsylvania, is hereby modified as gen- tered as part of the monument in accordance vious erroneous surveys. erally depicted on the drawing entitled ‘‘Ex- with the laws and regulations applicable (3) The term ‘‘Secretary’’ means the Sec- hibit 1, Independence National Historical thereto. retary of Agriculture. Park, Boundary Adjustment’’, and dated SEC. 208. WALNUT CANYON NATIONAL MONU- (c) CONVEYANCE OF LANDS.—Notwithstand- May 1987, which shall be on file and available MENT BOUNDARY MODIFICATION. ing any other provision of law, the Secretary for public inspection in the Office of the Na- (a) PURPOSE.—The purpose of this section is authorized and directed to convey, with- tional Park Service, Department of the Inte- is to modify the boundaries of the Walnut out consideration, all right, title, and inter- rior. The Secretary of the Interior is author- Canyon National Monument (hereafter in est of the United States in and to affected ized to accept and transfer jurisdiction over this section referred to as the ‘‘national lands as described in subsection (b)(1), to any property in accord with such administrative monument’’) to improve management of the claimant or claimants, upon proper applica- boundary, as modified by this section. national monument and associated re- tion from such claimant or claimants, as SEC. 205. CRATERS OF THE MOON NATIONAL sources. provided in subsection (d). MONUMENT BOUNDARY ADJUST- (b) BOUNDARY MODIFICATION.—Effective on (d) NOTIFICATION.—Not later than 2 years MENT. the date of enactment of this Act, the bound- after the date of enactment of this Act, (a) BOUNDARY REVISION.—The boundary of aries of the national monument shall be claimants shall notify the Secretary, Craters of the Moon National Monument, modified as depicted on the map entitled through the Forest Supervisor of the Plumas Idaho, is revised to add approximately 210 ‘‘Boundary Proposal—Walnut Canyon Na- National Forest, in writing of their claim to acres and to delete approximately 315 acres tional Monument, Coconino County, Ari- affected lands. Such claim shall be accom- as generally depicted on the map entitled zona’’, numbered 360/80,010, and dated Sep- panied by— ‘‘Craters of the Moon National Monument, tember 1994. Such map shall be on file and (1) a description of the affected lands Idaho, Proposed 1987 Boundary Adjustment’’, available for public inspection in the offices claimed; numbered 131–80,008, and dated October 1987, of the Director of the National Park Service, (2) information relating to the claim of which map shall be on file and available for Department of the Interior. The Secretary of ownership of such lands; and public inspection in the office of the Na- the Interior, in consultation with the Sec- (3) such other information as the Secretary tional Park Service, Department of the Inte- retary of Agriculture, is authorized to make may require. rior. technical and clerical corrections to such (e) ISSUANCE OF DEED.—(1) Upon a deter- (b) ADMINISTRATION AND ACQUISITION.—Fed- mination by the Secretary that issuance of a eral lands and interests therein deleted from map. deed for affected lands is consistent with the the boundary of the national monument by (c) ACQUISITION AND TRANSFER OF PROP- purpose and requirements of this section, the this section shall be administered by the ERTY.—The Secretary of the Interior is au- Secretary shall issue a quit claim deed to Secretary of the Interior through the Bureau thorized to acquire lands and interest in such claimant for the parcel to be conveyed. of Land Management in accordance with the lands within the national monument, by do- (2) Prior to the issuance of any such deed Federal Land Policy and Management Act of nation, purchase with donated or appro- as provided in paragraph (1), the Secretary 1976 (43 U.S.C. 1701 et seq.), and Federal lands priated funds, or exchange. Federal property shall ensure that— and interests therein added to the national within the boundaries of the national monu- (A) the parcel or parcels to be conveyed monument by this section shall be adminis- ment (as modified by this section) is hereby have been surveyed in accordance with the tered by the Secretary as part of the na- transferred to the administrative jurisdic- Memorandum of Understanding between the tional monument, subject to the laws and tion of the Secretary of the Interior for man- Forest Service and the Bureau of Land Man- regulations applicable thereto. The Sec- agement as part of the national monument. agement, dated November 11, 1989; retary is authorized to acquire private lands Federal property excluded from the monu- (B) all new property lines established by and interests therein within the boundary of ment pursuant to the boundary modification such surveys have been monumented and the national monument by donation, pur- under subsection (b) is hereby transferred to marked; and chase with donated or appropriated funds, or the administrative jurisdiction of the Sec- (C) all terms and conditions necessary to exchange, and when acquired they shall be retary of Agriculture to be managed as a protect third party and Government Rights- administered by the Secretary as part of the part of the Coconino National Forest. of-Way or other interests are included in the national monument, subject to the laws and (d) ADMINISTRATION.—The Secretary of the deed. regulations applicable thereto. Interior, acting through the Director of the National Park Service, shall manage the na- (3) The Federal Government shall be re- SEC. 206. HAGERMAN FOSSIL BEDS NATIONAL sponsible for all surveys and property line MONUMENT BOUNDARY ADJUST- tional monument in accordance with this MENT. title and the provisions of law generally ap- markings necessary to implement this sub- Section 302 of the Arizona-Idaho Conserva- plicable to units of the National Park Serv- section. tion Act of 1988 (102 Stat. 4576) is amended by ice, including ‘‘An Act to establish a Na- (f) NOTIFICATION TO BLM.—The Secretary adding the following new subsection after tional Park Service, and for other purposes’’ shall submit to the Secretary of the Interior subsection (c): approved August 25, 1916 (39 Stat. 535; 16 an authenticated copy of each deed issued ‘‘(d) To further the purposes of the monu- U.S.C. 1, 2–4). pursuant to this section no later than 30 ment, the Secretary is also authorized to ac- (e) AUTHORIZATION OF APPROPRIATIONS.— days after the date such deed is issued. quire from willing sellers only, by donation, There are hereby authorized to be appro- (g) AUTHORIZATION OF APPROPRIATIONS.— purchase with donated or appropriated funds, priated such sums as may be necessary to There are authorized to be appropriated such or exchange not to exceed 65 acres outside carry out this section. sums as necessary to carry out the purposes the boundary depicted on the map referred to SEC. 209. BUTTE COUNTY, CALIFORNIA LAND of this section. in section 301 and develop and operate there- CONVEYANCE. SEC. 210. TAOS PUEBLO LAND TRANSFER. on research, information, interpretive, and (a) PURPOSE.—It is the purpose of this sec- (a) TRANSFER.—The parcel of land de- administrative facilities. Lands acquired and tion to authorize and direct the Secretary of scribed in subsection (b) is hereby trans- facilities developed pursuant to this sub- Agriculture to convey, without consider- ferred without consideration to the Sec- section shall be administered by the Sec- ation, certain lands in Butte County, Califor- retary of the Interior to be held in trust for retary as part of the monument. The bound- nia, to persons claiming to have been de- the Pueblo de Taos. Such parcel shall be a ary of the monument shall be modified to in- prived of title to such lands. part of the Pueblo de Taos Reservation and clude the lands added under this subsection (b) DEFINITIONS.—For the purpose of this shall be managed in accordance with section as a noncontiguous parcel.’’. section: 4 of the Act of May 31, 1933 (48 Stat. 108) (as SEC. 207. WUPATKI NATIONAL MONUMENT (1) The term ‘‘affected lands’’ means those amended, including as amended by Public BOUNDARY ADJUSTMENT. Federal lands located in the Plumas Na- Law 91–550 (84 Stat. 1437)). The boundaries of the Wupatki National tional Forest in Butte County, California, in (b) LAND DESCRIPTION.—The parcel of land Monument, Arizona, are hereby revised to sections 11, 12, 13, and 14, township 21 north, referred to in subsection (a) is the land that include the lands and interests in lands with- range 5 East, Mount Diablo Meridian, as de- is generally depicted on the map entitled in the area generally depicted as ‘‘Proposed scribed by the dependent resurvey by the Bu- ‘‘Lands transferred to the Pueblo of Taos—proposed’’ H12202 CONGRESSIONAL RECORD — HOUSE October 1, 1996 and dated September 1994, comprises 764.33 (2) In 1909, the Cuprum Townsite patent United States in and to the following de- acres, and is situated within sections 25, 26, (Number 52817) was granted, based on an ali- scribed lands in Big Horn County, Wyoming: 35, and 36, Township 27 North, Range 14 East, quot parts description which was intended to Lots 19–24 of Block 22, all within the town of New Mexico Principal Meridian, within the circumscribe the Hesse survey. Frannie, Wyoming, in the S1⁄2NW1⁄4NW1⁄4 and Wheeler Peak Wilderness, Carson National (3) Since the day of the patent, the Hesse N1⁄2SW1⁄4NW1⁄4 of section 31 of T. 58N., R. 97 Forest, Taos County, New Mexico. survey has been used continuously by the W., Big Horn County. (c) CONFORMING BOUNDARY ADJUSTMENTS.— community of Cuprum and by Adams Coun- SEC. 215. MODOC NATIONAL FOREST. The boundaries of the Carson National For- try, Idaho, as the official townsite plat and (a) IN GENERAL.—The boundary of the est and the Wheeler Peak Wilderness are basis for conveyance of title within the Modoc National Forest is hereby modified to hereby adjusted to reflect the transfer made townsite. include and encompass 760 acres, more or by subsection (a). (4) Recent boundary surveys conducted by less, on the following described lands: Mount (d) RESOLUTION OF OUTSTANDING CLAIMS.— the United States Department of Agri- Diablo Meridian, Lassen County, California, The Congress finds and declares that, as a re- culture, Forest Service, and the United T. 38 N., R. 10 E., sec. 5, SE1⁄4NW1⁄4, E1⁄2SW1⁄4; sult of the enactment of this section, the States Department of the Interior, Bureau of sec. 8, E1⁄2NE1⁄4, NE1⁄4NW1⁄4, NE1⁄4SE1⁄4; sec. 16, Taos Pueblo has no unresolved equitable or Land Management, discovered inconsist- W1⁄2; sec. 25, Lots 13, 14 and 15 (S1⁄2SW1⁄4, legal claims against the United States on the encies between the official aliquot parts de- SW1⁄4SE1⁄4); T. 37 N., R. 11 E., sec. 20, lands to be held in trust and to become part scription of the patented Cuprum Townsite NW1⁄4SE1⁄4. of the Pueblo de Taos Reservation under this and the Hesse survey. Many lots along the (b) RULE FOR LAND AND WATER CONSERVA- section. south and east boundaries of the townsite TION FUND.—For the purposes of section 7 of SEC. 211. COLONIAL NATIONAL HISTORICAL are now known to extend onto National For- the Land and Water Conservation Fund Act PARK. est System lands outside the townsite. of 1965 (16 U.S.C. 460l–9), the boundary of the (a) TRANSFER AND RIGHTS-OF-WAY.—The (5) It is the determination of Congress that Modoc National Forest, as modified by this Secretary of the Interior (hereinafter in this the original intent of the Cuprum Townsite title, shall be considered to be the boundary section referred to as the ‘‘Secretary’’) is au- application was to include all the lands de- of that National Forest as of January 1, 1965. thorized to transfer, without reimbursement, scribed by the Hesse survey. SEC. 216. CONVEYANCE TO CITY OF SUMPTER, to York County, Virginia, that portion of the (b) PURPOSE.—It is the purpose of this sec- OREGON. tion to amend the 1909 Cuprum Townsite pat- existing sewage disposal system, including (a) CONVEYANCE REQUIRED.—The Secretary related improvements and structures, owned ent to include those additional lands de- of Agriculture shall convey, without consid- by the United States and located within the scribed by the Hesse survey in addition to eration, to the city of Sumpter, Oregon (in Colonial National Historical Park, together other lands necessary to provide an adminis- this section referred to as the ‘‘City’’), all with such rights-of-way as are determined by tratively acceptable boundary to the Na- right, title, and interest of the United States the Secretary to be necessary to maintain tional Forest System. in and to a parcel of real property of approxi- (c) AMENDMENT OF PATENT.—The 1909 and operate such system. mately 1.43 acres consisting of all of block 8 Cuprum Townsite patent is hereby amended (b) REPAIR AND REHABILITATION OF SYS- of the REVISED PLAN OF SUMPTER to include parcels 1 and 2, identified on the TEM.—The Secretary is authorized to enter TOWNSITE in the City, as shown in plat re- plat, marked as ‘‘Township 20 North, Range into a cooperative agreement with York corded March 6, 1897, in Plat Book 3, page 26; 3 West, Boise Meridian, Idaho, Section 10: County, Virginia, under which the Secretary including the alley running through such Proposed Patent Adjustment Cuprum Town- will pay a portion, not to exceed $110,000, of block, vacated by Ordinance No. 1966–3, re- site, Idaho’’ prepared by Payette N.F.—Land the costs of repair and rehabilitation of the corded December 14, 1966, in Deed 66–50–014. Survey Unit, drawn and approved by Tom sewage disposal system referred to in sub- (b) ADDITIONAL DESCRIPTION OF PROP- Betzold, Forest Land Surveyor, on April 25, section (a). ERTY.—The real property to be conveyed 1995. Such additional lands are hereby con- (c) FEES AND CHARGES.—In consideration under subsection (a) consists of the same veyed to the original patentee, Pitts Ellis, for the rights-of-way granted under sub- property that was deeded to the United trustee, and Probate Judge of Washington section (a), and in recognition of the Na- States in the following deeds: County, Idaho, or any successors or assigns tional Park Service’s contribution author- (1) Warranty Deed from Sumpter Power & in interest in accordance with State law. The ized under subsection (b), the cooperative Water Company to the United States of Secretary of Agriculture may correct cleri- agreement under subsection (b) shall provide America dated October 12, 1949, and recorded cal and typographical errors in such plat. for a reduction in, or the elimination of, the in Vol. 152, page 170 of Baker County records amounts charged to the National Park Serv- (d) SURVEY.—The Federal Government shall survey the Federal property lines and on December 22, 1949. ice for its sewage disposal. The cooperative (2) Warranty Deed from Mrs. Alice Windle agreement shall also provide for minimizing mark and post the boundaries necessary to implement this section. to the United States of America dated Octo- the impact of the sewage disposal system on ber 11, 1949, and recorded in Vol. 152, page 168 SEC. 214. RELINQUISHMENT OF INTEREST. the park and its resources. Such system may of Baker County records on December 22, (a) IN GENERAL.—The United States relin- not be enlarged or substantially altered 1949. quishes all right, title, and interest that the without National Park Service concurrence. (3) Warranty Deed from Alice L. Windle United States may have in land that— (d) INCLUSION OF LAND IN COLONIAL NA- Charles and James M. Charles to the United (1) was subject to a right-of-way that was TIONAL HISTORICAL PARK.—Notwithstanding States of America dated August 8, 1962, and granted to the predecessor of the Chicago the provisions of the Act of June 28, 1938 (52 recorded in Book 172, page 1331 on August 27, and Northwestern Transportation Company Stat. 1208; 16 U.S.C. 81b et seq.), limiting the 1962. under the Act entitled ‘‘An Act granting to average width of the Colonial Parkway, the (c) CONDITION OF CONVEYANCE.—The con- railroads the right of way through the public Secretary of the Interior is authorized to in- veyance under subsection (a) shall be subject lands of the United States’’, approved March clude within the boundaries of Colonial Na- to the condition that the City use the con- 3, 1875 (43 U.S.C. 934 et seq.), which right-of- tional Historical Park and to acquire by do- veyed property only for public purposes, such way the Company has conveyed to the city nation, exchange, or purchase with donated as a city park, information center, or inter- of Douglas, Wyoming; and or appropriated funds the lands or interests pretive area. (2) is located within the boundaries of the in lands (with or without improvements) (d) RELEASE.—Upon making the convey- city limits of the city of Douglas, Wyoming, within the areas depicted on the map dated ance required by subsection (a), the United or between the right-of-way of Interstate 25 August 1993, numbered 333/80031A, and enti- States is relieved from liability for any and and the city limits of the city of Douglas, tled ‘‘Page Landing Addition to Colonial Na- all claims arising from the presence of mate- Wyoming, tional Historical Park’’. Such map shall be as determined by the Secretary of the Inte- rials on the conveyed property. on file and available for inspection in the of- rior in consultation with the appropriate of- (e) REVERSIONARY INTEREST.—If the Sec- fices of the National Park Service at Colo- ficials of the city of Douglas, Wyoming. retary of Agriculture determines that the nial National Historical Park and in Wash- (b) CONVEYANCE.—As soon as practicable real property conveyed under subsection (a) ington, District of Columbia. after the date of enactment of this Act, the is not being used in accordance with the con- (e) AUTHORIZATION OF APPROPRIATIONS.— Secretary of the Interior shall file for rec- dition specified in subsection (c) or that the There are authorized to be appropriated such ordation in the real property records of Con- City has initiated proceedings to sell, lease, sums as are necessary to carry out this sec- verse County, Wyoming, a deed or other ap- exchange, or otherwise dispose of all or a tion. propriate form of instrument conveying to portion of the property, then, at the option SEC. 212. CUPRUM, IDAHO RELIEF. the city of Douglas, Wyoming, all right, of the Secretary, the United States shall (a) FINDINGS.—The Congress finds and de- title, and interest in the land described in have a right of reentry with regard to the clares that: subsection (a). property, with title thereto revesting in the (1) In 1899, the citizens of Cuprum, Idaho, (c) CONVEYANCE OF CERTAIN PROPERTY TO United States. commissioned E.S. Hesse to conduct a survey THE BIG HORN COUNTY SCHOOL DISTRICT NUM- (f) AUTHORIZED SALE OF PROPERTY.—Not- describing these lands occupied by their BER 1, WYOMING.—The Secretary of the Inte- withstanding subsections (c) and (e), the Sec- community. The purpose of this survey was rior shall convey, by quit claim deed, to the retary of Agriculture may authorize the City to provide a basis for the application for a Big Horn County School District Number 1, to dispose of the real property conveyed townsite patent. Wyoming, all right, title, and interest of the under subsection (a) if the proceeds from October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12203

such disposal are at least equal to the fair (b) APPLICABILITY OF OTHER PROVISIONS OF terest in the land arising after the date of market value of the property and are paid to LAW.—The land exchange required in this the conveyance. the United States. The Secretary shall de- section shall be carried out in accordance (d) MAP.—The map referred to in this sec- posit amounts received under this subsection with section 206 of the Federal Land Policy tion shall be on file and available for public into the special fund in the Treasury into and Management Act of 1976 (43 U.S.C. 1716) inspection in— which funds are deposited pursuant to the and in accordance with other applicable (1) the State of New Mexico Office of the Act of December 4, 1967 (16 U.S.C. 484a), com- laws. Bureau of Land Management, Santa Fe, New monly known as the Sisk Act. The disposal (c) ACCEPTABILITY OF TITLE AND MANNER OF Mexico; and of the conveyed property under this sub- CONVEYANCE.—The Secretary of the Interior (2) the Las Cruces District Office of the Bu- section shall be subject to such terms and shall not carry out an exchange described in reau of Land Management, Las Cruces, New conditions as the Secretary may prescribe. subsection (a) unless the title to the non- Mexico. (g) ADDITIONAL TERMS AND CONDITIONS.— Federal lands to be conveyed to the United SEC. 223. COASTAL BARRIER RESOURCES SYS- The Secretary of Agriculture may require States, and the form and procedures of con- TEM. such additional terms and conditions in con- veyance, are acceptable to the Secretary. (a) IN GENERAL.—The Secretary of the In- nection with the conveyance under sub- (d) LANDS TO BE EXCHANGED.— terior shall, before the end of the 30–day pe- section (a) as the Secretary considers appro- (1) FEDERAL LANDS TO BE EXCHANGED.—The riod beginning on the date of the enactment priate to protect the interests of the United Federal lands referred to in this section to be of this Act, make such corrections to the States. exchanged consist of approximately 179.4 maps described in subsection (b) as are nec- SEC. 217. CUMBERLAND GAP NATIONAL HISTORI- acres in Mariposa County, California as gen- essary to ensure that depictions of areas on CAL PARK. erally depicted on the map entitled ‘‘Merced those maps are consistent with the depic- (a) AUTHORITY.—Notwithstanding the Act Irrigation District Exchange—Proposed, Fed- tions of areas appearing on the maps entitled of June 11, 1940 (16 U.S.C. 261 et seq.), the eral Land’’, dated March 15, 1995, more par- ‘‘Amendments to Coastal Barrier Resources Secretary of the Interior is authorized to ac- ticularly described as follows: System’’, dated November 1, 1995, and June 1, 1996, and on file with the Secretary. quire by donation, purchase with donated or T. 3 S., R. 15 E., MDM (Mount Diablo Me- (b) MAPS DESCRIBED.—The maps described appropriated funds, or exchange not to ex- 1 1 ridian): sec. 35, SW ⁄4SE ⁄4, containing ap- in this subsection are maps that— ceed 10 acres of land or interests in land, proximately 40 acres. which shall consist of those necessary lands (1) are included in a set of maps entitled for the establishment of trailheads to be lo- T. 4 S., R. 15 E., MDM (Mount Diablo Me- ‘‘Coastal Barrier Resources System’’, dated cated at White Rocks and Chadwell Gap. ridian): October 24, 1990; and 1 1 1 (b) ADMINISTRATION.—Lands and interests Sec. 14: E ⁄2SE ⁄4SE ⁄4, containing approxi- (2) relate to the following units of the in lands acquired pursuant to subsection (a) mately 20 acres. Coastal Barrier Resources System: P05, shall be added to and administered as part of Sec. 23: NE1⁄4SE1⁄4, containing approxi- P05A, P10, P11, P11A, P18, P25, P32, and P32P. Cumberland Gap National Historical Park. mately 40 acres. SEC. 224. CONVEYANCE TO DEL NORTE COUNTY SEC. 220. ALPINE SCHOOL DISTRICT. T. 5 S., R. 15 E., MDM (Mount Diablo Me- UNIFIED SCHOOL DISTRICT. (a) CONVEYANCE REQUIRED.—(1) The Sec- ridian): (a) CONVEYANCE.—As soon as practicable retary of Agriculture shall convey, without Sec. 2: Lot 1, containing approximately 57.9 after the date of the enactment of this Act, consideration, to the Alpine Elementary acres. the Secretary of Agriculture shall convey to School District 7 of the State of Arizona (in Sec. 3: Lots 7 thru 15, containing approxi- the Del Norte County Unified School District this section referred to as the ‘‘School Dis- mately 21.5 acres. of Del Norte County, California, in accord- trict’’), all right, title, and interest of the ance with this section, all right, title, and interest of the United States in and to the United States in and to a parcel of real prop- (2) NON-FEDERAL LANDS TO BE EXCHANGED.— property described in subsection (b). erty, including any improvements thereon, The non-Federal lands referred to in this sec- (b) PROPERTY DESCRIPTION.—The property consisting of approximately 30 acres located tion to be exchanged consist of approxi- referred to in subsection (a) is that portion in the Apache National Forest, Apache Coun- mately 160 acres in Mariposa County, Cali- of Township 17 North, Range 2 East, Hum- ty, Arizona, and further delineated as fol- fornia as generally depicted on the map enti- boldt Meridian in Del Norte County, Califor- lows: North 1⁄2 of Northeast 1⁄4 of Southeast 1⁄4 tled ‘‘Merced Irrigation District Exchange— nia, which is further described as follows: of section 14, Township 5 North, Range 30 Proposed, Non-Federal Land’’, dated March Beginning at Angle Point No. 3 of Tract 41 East, Gila and Salt River meridian, and 15, 1995, more particularly described as T. 4 as resurveyed by the Bureau of Land Man- North 1⁄2 of South 1⁄2 of Northeast 1⁄4 of South- S., R17E MDM (Mount Diablo Meridian): sec. 1 agement under survey Group No. 1013, ap- east ⁄4 of such section. 2, SE1⁄4. proved August 13, 1990, and shown on the offi- (2) The exact acreage and legal description (3) MAPS.—The maps referred to in this cial plat thereof; of the real property to be conveyed under subsection shall be on file and available for thence on the line between Angle Points paragraph (1) shall be determined by a sur- inspection in the office of the Director of the No. 3 and No. 4 of Tract 41, North 89 degrees, vey satisfactory to the Secretary. The cost Bureau of Land Management. 24 minutes, 20 seconds East, a distance of of the survey shall be borne by the School (4) PARTIAL REVOCATION OF WITHDRAWALS.— 345.44 feet to Angle Point No. 4 of Tract 41; District. The Executive order of December 31, 1912, thence on the line between Angle Points (b) CONDITION OF CONVEYANCE.—The con- creating Powersite Reserve No. 328, and the No. 4 and No. 5 of Tract 41, South 00 degrees, veyance made under subsection (a) shall be withdrawal of Federal lands for Power 01 minutes, 20 seconds East, a distance of subject to the condition that the School Dis- Project No. 2179, filed February 21, 1963, in 517.15 feet; trict use the conveyed property for public accordance with section 24 of the Federal thence West, a distance of 135.79 feet; school facilities and related public school Power Act are hereby revoked insofar as thence North 88 degrees, 23 minutes, 01 sec- recreational purposes. they affect the Federal lands described in (c) RIGHT OF REENTRY.—The United States onds West, a distance of 61.00 feet; paragraph (1). Any patent issued on such shall retain a right of reentry in the prop- thence North 39 degrees, 58 minutes, 18 sec- Federal lands shall not be subject to section erty to be conveyed. If the Secretary deter- onds West, a distance of 231.37 feet to the 24 of said Act. mines that the conveyed property is not East line of Section 21, Township 17 North, being used in accordance with the condition SEC. 222. FATHER AULL SITE TRANSFER. Range 2 East; in subsection (b), the United States shall (a) SHORT TITLE.—This section may be thence along the East line of Section 21, have the right to reenter the conveyed prop- cited as the ‘‘Father Aull Site Transfer Act North 00 degrees, 02 minutes, 20 seconds erty without consideration. of 1996’’. West, a distance of 334.53 feet to the point of (d) ENCUMBRANCES.—The conveyance made (b) CONVEYANCE OF PROPERTY.—Subject to beginning. under subsection (a) shall be subject to all valid existing rights, all right, title and in- (c) CONSIDERATION.—The conveyance pro- encumbrances on the property existing as of terest of the United States in and to the land vided for in subsection (a) shall be without the date of the enactment of this Act. (including improvements on the land), con- consideration except as required by this sec- (e) ADDITIONAL TERMS AND CONDITIONS.— sisting of approximately 43.06 acres, located tion. The Secretary may require such additional approximately 10 miles east of Silver City, (d) CONDITIONS OF CONVEYANCE.—The con- terms and conditions in connection with the New Mexico, and described as follows: T. 17 veyance provided for in subsection (a) shall conveyance under subsection (a) as the Sec- S., R. 12 W., Section 30: Lot 13, and Section be subject to the following conditions: retary considers appropriate to protect the 31: Lot 27 (as generally depicted on the map (1) Del Norte County shall be provided, for interests of the United States. dated July 1995) is hereby conveyed by oper- no consideration, an easement for County SEC. 221. MERCED IRRIGATION DISTRICT LAND ation of law to St. Vincent DePaul Parish in Road No. 318 which crosses the Northeast EXCHANGE. Silver City, New Mexico, without consider- corner of the property conveyed. (a) CONVEYANCE.—(1) The Secretary of the ation. (2) The Pacific Power and Light Company Interior may convey the Federal lands de- (c) RELEASE.—Upon the conveyance of any shall be provided, for no consideration, an scribed in subsection (d)(1) in exchange for land or interest in land identified in this sec- easement for utility equipment as necessary the non-Federal lands described in sub- tion to St. Vincent DePaul Parish, St. Vin- to maintain the level of service provided by section (d)(2), in accordance with the provi- cent DePaul Parish shall assume any liabil- the utility equipment on the property as of sions of this Act. ity for any claim relating to the land or in- the date of the conveyance. H12204 CONGRESSIONAL RECORD — HOUSE October 1, 1996 (3) The United States shall be provided, for non-Federal lands, the Secretary shall re- States of America’’ (hereinafter referred to no consideration, an easement to provide ac- duce the acreage of the Federal lands until in this section as ‘‘the Agreement’’), exe- cess to the United States property that is the values of the Federal lands closely ap- cuted by the parties on December 17, 1992, as south of the property conveyed. proximate the values of the non-Federal amended, are hereby incorporated in this (e) LIMITATIONS ON CONVEYANCE.—The con- lands. title, are ratified and confirmed, and set veyance authorized by subsection (a) is sub- (B) ADDITIONAL FEDERALLY OWNED LANDS.— forth the obligations and commitments of ject to the following limitations: If the non-Federal lands are greater in value the United States, Arctic Slope Regional (1) ENCUMBRANCES.—Such conveyance shall than the Federal lands, the Secretary may Corporation, Nunamiut Corporation and the be subject to all encumbrances on the land convey additional federally owned lands City of Anaktuvuk Pass, as a matter of Fed- existing as of the date of enactment of this within the Targhee National Forest up to an eral law. Act. amount necessary to equalize the values of (B) LAND ACQUISITION.—Lands acquired by (2) RE-ENTRY RIGHT.—The United States the non-Federal lands and the lands to be the United States pursuant to the Agree- shall retain a right of re-entry in the land transferred out of Federal ownership. How- ment shall be administered by the Secretary described for conveyance in subsection (b). If ever, such additional federally owned lands of the Interior (hereinafter referred to as the the Secretary determines that the conveyed shall be limited to those meeting the criteria ‘‘Secretary’’) as part of Gates of the Arctic property is not being used for public edu- for land exchanges specified in the Targhee National Park and Preserve, subject to the cational or related recreational purposes, the National Forest Land and Resource Manage- laws and regulations applicable thereto. United States shall have a right to re-renter ment Plan. (2) MAPS.—The maps set forth as Exhibits the property conveyed therein without con- (2) PAYMENT OF MONEY.—The values may be C1, C2, and D through I to the Agreement de- sideration. equalized by the payment of money as pro- pict the lands subject to the conveyances, re- (f) ADDITIONAL TERMS AND CONDITIONS.— vided in section 206(b) of the Federal Land tention of surface access rights, access ease- The conveyance provided for in subsection Policy and Management Act of 1976 (43 ments and all-terrain vehicle easements. (a) shall be subject to such additional terms U.S.C. 1716 (b)). These lands are depicted in greater detail on and conditions as the Secretary of Agri- (h) DEFINITIONS.—For purpose of this sec- a map entitled ‘‘Land Exchange Actions, culture and the Del Norte County Unified tion: Proposed Anaktuvuk Pass Land Exchange School District agree are necessary to pro- (1) The term ‘‘Federal lands’’ means the and Wilderness Redesignation, Gates of the tect the interests of the United States. Federal lands described in subsection (d). Arctic National Park and Preserve’’, Map No. 185/80,039, dated April 1994, and on file at TITLE III—EXCHANGES (2) The term ‘‘non-Federal lands’’ means the non-Federal lands described in sub- the Alaska Regional Office of the National SEC. 301. TARGHEE NATIONAL FOREST LAND EX- Park Service and the offices of Gates of the CHANGE. section (e). (3) The term ‘‘Secretary’’ means the Sec- Arctic National Park and Preserve in Fair- (a) CONVEYANCE.—Notwithstanding the re- retary of Agriculture. banks, Alaska. Written legal descriptions of quirements in the Act entitled ‘‘An Act to these lands shall be prepared and made avail- Consolidate National Forest Lands’’, ap- SEC. 302. ANAKTUVUK PASS LAND EXCHANGE. able in the above offices. In case of any dis- proved March 20, 1922 (16 U.S.C. 485), and sec- (a) FINDINGS.—The Congress makes the fol- crepancies, Map No. 185/80,039 shall be con- tion 206(b) of the Federal Land Policy and lowing findings: trolling. Management Act of 1976 (43 U.S.C. 1716(b)) (1) The Alaska National Interest Lands (c) NATIONAL PARK SYSTEM WILDERNESS.— that Federal and non-Federal lands ex- Conservation Act (94 Stat. 2371), enacted on (1) GATES OF THE ARCTIC WILDERNESS.— changed for each other must be located with- December 2, 1980, established Gates of the (A) REDESIGNATION.—Section 701(2) of the in the same State, the Secretary of Agri- Arctic National Park and Preserve and Gates Alaska National Interest Lands Conserva- culture may convey the Federal lands de- of the Arctic Wilderness. The village of tion Act (94 Stat. 2371, 2417) establishing the scribed in subsection (d) in exchange for the Anaktuvuk Pass, located in the highlands of Gates of the Arctic Wilderness is hereby non-Federal lands described in subsection (e) the central Brooks Range, is virtually sur- amended with the addition of approximately in accordance with the provisions of this sec- rounded by these national park and wilder- 56,825 acres as wilderness and the rescission tion. ness lands and is the only Native village lo- of approximately 73,993 acres as wilderness, (b) APPLICABILITY OF OTHER PROVISIONS OF cated within the boundary of a National thus revising the Gates of the Arctic Wilder- LAW.—Except as otherwise provided in this Park System unit in Alaska. ness to approximately 7,034,832 acres. section, the land exchange authorized by this (2) Unlike most other Alaskan Native com- (B) MAP.—The lands redesignated by sub- section shall be made under the existing au- munities, the village of Anaktuvuk Pass is paragraph (A) are depicted on a map entitled thorities of the Secretary. not located on a major river, lake, or coast- ‘‘Wilderness Actions, Proposed Anaktuvuk (c) ACCEPTABILITY OF TITLE AND MANNER OF line that can be used as a means of access. Pass Land Exchange and Wilderness Redesig- CONVEYANCE.—The Secretary shall not carry The residents of Anaktuvuk Pass have relied nation, Gates of the Arctic National Park out the exchange described in subsection (a) increasingly on snow machines in winter and and Preserve’’, Map No. 185/80,040, dated unless the title to the non-Federal lands to all-terrain vehicles in summer as their pri- April 1994, and on file at the Alaska Regional be conveyed to the United States, and the mary means of access to pursue caribou and Office of the National Park Service and the form and procedures of conveyance, are ac- other subsistence resources. office of Gates of the Arctic National Park ceptable to the Secretary. (3) In a 1983 land exchange agreement, lin- and Preserve in Fairbanks, Alaska. (d) FEDERAL LANDS.—The Federal lands re- ear easements were reserved by the Inupiat (2) NOATAK NATIONAL PRESERVE.—Section ferred to in this section are located in the Eskimo people for use of all-terrain vehicles 201(8)(a) of the Alaska National Interest Targhee National Forest in Idaho, are gen- across certain national park lands, mostly Land Conservation Act (94 Stat. 2380) is erally depicted on the map entitled ‘‘Targhee along stream and river banks. These linear amended by— Exchange, Idaho-Wyoming—Proposed, Fed- easements proved unsatisfactory, because (A) striking ‘‘approximately six million eral Land’’, dated September 1994, and are they provided inadequate access to subsist- four hundred and sixty thousand acres’’ and known as the North Fork Tract. ence resources while causing excessive envi- inserting in lieu thereof ‘‘approximately (e) NON-FEDERAL LANDS.—The non-Federal ronmental impact from concentrated use. 6,477,168 acres’’; and lands referred to in this section are located (4) The National Park Service and the (B) inserting ‘‘and the map entitled in the Targhee National Forest in Wyoming, Nunamiut Corporation initiated discussions ‘‘Noatak National Preserve and Noatak Wil- are generally depicted on the map entitled in 1985 to address concerns over the use of derness Addition’’ dated September 1994’’ ‘‘Non-Federal land, Targhee Exchange, all-terrain vehicles on park and wilderness after ‘‘July 1980’’. Idaho-Wyoming—Proposed’’, dated Septem- land. These discussions resulted in an agree- (3) NOATAK WILDERNESS.—Section 701(7) of ber 1994, and are known as the Squirrel ment, originally executed in 1992 and there- the Alaska National Interest Lands Con- Meadows Tract. after amended in 1993 and 1994, among the servation Act (94 Stat. 2417) is amended by (f) MAPS.—The maps referred to in sub- National Park Service, Nunamiut Corpora- striking ‘‘approximately five million eight sections (d) and (e) shall be on file and avail- tion, the City of Anaktuvuk Pass, and Arctic hundred thousand acres’’ and inserting in able for inspection in the office of the Slope Regional Corporation. Full effec- lieu thereof ‘‘approximately 5,817,168 acres’’. Targhee National Forest in Idaho and in the tuation of this agreement, as amended, by (d) CONFORMANCE WITH OTHER LAW.— office of the Chief of the Forest Service. its terms requires ratification by the Con- (1) ALASKA NATIVE CLAIMS SETTLEMENT (g) EQUALIZATION OF VALUES.—Prior to the gress. ACT.—All of the lands, or interests therein, exchange authorized by this section, the val- (b) RATIFICATION OF AGREEMENT.— conveyed to and received by Arctic Slope Re- ues of the Federal and non-Federal lands to (1) RATIFICATION.— gional Corporation or Nunamiut Corporation be so exchanged shall be established by ap- (A) IN GENERAL.—The terms, conditions, pursuant to the Agreement shall be deemed praisals of fair market value that shall be procedures, covenants, reservations, and conveyed and received pursuant to exchanges subject to approval by the Secretary. The other provisions set forth in the document under section 22(f) of the Alaska Native values either shall be equal or shall be equal- entitled ‘‘Donation, Exchange of Lands and Claims Settlement Act, as amended (43 ized using the following methods: Interests in Lands and Wilderness Redesigna- U.S.C. 1601, 1621(f)). All of the lands or inter- (1) ADJUSTMENT OF LANDS.— tion Agreement Among Arctic Slope Re- ests in lands conveyed pursuant to the (A) PORTION OF FEDERAL LANDS.—If the gional Corporation, Nunamiut Corporation, Agreement shall be conveyed subject to valid Federal lands are greater in value than the City of Anaktuvuk Pass and the United existing rights. October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12205

(2) ALASKA NATIONAL INTEREST LANDS CON- tire subsurface estate, the subsurface estate (2) ADDITIONAL EXCHANGES.—If, after 10 SERVATION ACT.—Except to the extent spe- of the lands or interests in lands that are the years from the date of the enactment of this cifically set forth in this section or the subject of the selection rights. section, the Secretary was unable to con- Agreement, nothing in this section or in the (B) APPRAISAL.— clude such exchanges as may be required to Agreement shall be construed to enlarge or (i) SELECTION OF APPRAISER.— acquire all of the selection rights, he shall diminish the rights, privileges, or obliga- (I) IN GENERAL.—Not later than 90 days conclude exchanges for the remaining selec- tions of any person, including specifically after the date of enactment of this section tion rights for such Federal property as may the preference for subsistence uses and ac- the Secretary and Koniag shall meet to se- be identified by Koniag, which property is cess to subsistence resources provided under lect a qualified appraiser to conduct an ap- available for transfer to the administrative the Alaska National Interest Lands Con- praisal of the selection rights. Subject to jurisdiction of the Secretary under any pro- servation Act (16 U.S.C. 3101 et seq.). subclause (II), the appraiser shall be selected vision of law and which property, at the time SEC. 303. ALASKA PENINSULA SUBSURFACE CON- by the mutual agreement of the Secretary of the proposed transfer to Koniag is not SOLIDATION. and Koniag. generating receipts to the Federal Govern- (a) DEFINITIONS.—As used in this section: (II) FAILURE TO AGREE.—If the Secretary ment in excess of $1,000,000 per year. The (1) AGENCY.—The term agency— and Koniag fail to agree on an appraiser by Secretary shall keep Koniag advised in a (A) means any instrumentality of the the date that is 60 days after the date of the timely manner as to which properties may United States, and any Government corpora- initial meeting referred to in subclause (I), be available for such transfer. Upon receipt tion (as defined in section 9101(1) of title 31, the Secretary and Koniag shall, by the date of such identification by Koniag, the Sec- United States Code); and that is not later than 90 days after the date retary shall request in a timely manner the (B) includes any element of an agency. of the initial meeting, each designate an ap- transfer of such identified property to the (2) ALASKA NATIVE CORPORATION.—The praiser who is qualified to perform the ap- administrative jurisdiction of the Depart- term ‘‘Alaska Native Corporation’’ has the praisal. The 2 appraisers so identified shall ment of the Interior. Such property shall not same meaning as is provided for ‘‘Native Cor- select a third qualified appraiser who shall be subject to the geographic limitations of poration’’ in section 3(m) of the Alaska Na- perform the appraisal. section 206(b) of the Federal Land Policy and tive Claims Settlement Act (43 U.S.C. (ii) STANDARDS AND METHODOLOGY.—The Management Act and may be retained by the 1602(m)). appraisal shall be conducted in conformity Secretary solely for purposes of transferring (3) FEDERAL LANDS OR INTEREST THERE- with the standards of the Appraisal Founda- it to Koniag to complete the exchange. IN.—The term ‘‘Federal lands or interests tion (as defined in section 1121(9) of the Fi- Should the value of the property so identi- therein’’ means any lands or properties nancial Institutions Reform, Recovery, and fied by Koniag be in excess of the value of owned by the United States (A) which are ad- Enforcement Act of 1989 (12 U.S.C. 3350(9)). the remaining selection rights, then Koniag ministered by the Secretary, or (B) which (iii) SUBMISSION OF APPRAISAL REPORT.— shall have the option of (A) declining to pro- are subject to a lease to third parties, or (C) Not later than 180 days after the selection of ceed with the exchange and identifying other which have been made available to the Sec- an appraiser pursuant to clause (i), the ap- property, or (B) paying the difference in retary for exchange under this section praiser shall submit to the Secretary and to value between the property rights. through the concurrence of the director of Koniag a written appraisal report specifying (3) REVENUES.—Any property received by the agency administering such lands or prop- the value of the selection rights and the Koniag in an exchange entered into pursuant erties: Provided however, That excluded from methodology used to arrive at the value. to paragraph (1) or (2) shall be deemed to be such lands shall be those lands which are (C) DETERMINATION OF VALUE.— an interest in the subsurface for purposes of within an existing conservation system unit (i) DETERMINATION BY THE SECRETARY.— section 7(i) of the Alaska Native Claims Set- as defined in section 102(4) of the Alaska Na- Not later than 60 days after the date of the tlement Act (43 U.S.C. 1601 et seq.): Provided tional Interest Lands Conservation Act (16 receipt of the appraisal report under sub- That should Koniag make a pay- U.S.C. 3102(4)), and those lands the mineral however, interest for which are currently under min- paragraph (B)(iii), the Secretary shall deter- ment to equalize the value in any such ex- eral lease. mine the value of the selection rights and change, then Koniag will be deemed to hold shall notify Koniag of the determination. an undivided interest in the property equal (4) KONIAG.—The term ‘‘Koniag’’ means Koniag, Incorporated, which is a regional (ii) ALTERNATIVE DETERMINATION OF in value to such payment which interest Corporation. VALUE.— shall not be subject to the provisions of sec- (I) IN GENERAL.—Subject to subclause tion 7(i) of that Act. (5) REGIONAL CORPORATION.—The term (II), if Koniag does not agree with the value ‘‘Regional Corporation’’ has the same mean- (d) AUTHORITY TO APPOINT AND REMOVE determined by the Secretary under clause ing as is provided in section 3(g) of the Alas- TRUSTEE.—In establishing a Settlement (i), the procedures specified in section 206(d) ka Native Claims Settlement Act (43 U.S.C. Trust under section 39 of the Alaska Native 1602(g)). of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716 (d)) shall be used to Claims Settlement Act (43 U.S.C. 1629c), (6) SECRETARY.—Except as otherwise pro- establish the value. Koniag may delegate, in whole or in part, vided, the term ‘‘Secretary’’ means the Sec- the authority granted to Koniag under sub- retary of the Interior. (II) AVERAGE VALUE LIMITATION.—The av- erage value per acre of the selection rights section (b)(2) of such section to any entity (7) SELECTION RIGHTS.—The term ‘‘selec- that Koniag may select without affecting the tion rights’’ means those rights granted to shall not be less than the value utilizing the status of the trust as a Settlement Trust Koniag, and confirmed as valid selections risk adjusted discount cash flow methodol- (within Koniag’s entitlement) pursuant to ogy, but in no event may exceed $300. under such section. subsections (a) and (b) of section 12, and sec- (c) KONIAG ACCOUNT.— SEC. 304. SNOWBASIN LAND EXCHANGE ACT. tion 14(h)(8), of the Alaska Native Claims (1) IN GENERAL.—(A) The Secretary shall Settlement Act (43 U.S.C. 1611 and 1613(h)(8)), enter into negotiations for an agreement or (a) PURPOSE AND INTENT.—The purpose of to receive title to the oil and gas rights and agreements to exchange Federal lands or in- this section is to authorize and direct the other interests in the subsurface estate of terests therein which are in the State of Secretary to exchange 1,320 acres of feder- the approximately 275,000 acres of public Alaska for the Selection Rights. ally-owned land within the Cache National lands in the State of Alaska identified as (B) If the value of the Federal property Forest in the State of Utah for lands of ap- ‘‘Koniag Selections’’ on the map entitled to be exchanged is less than the value of the proximately equal value owned by the Sun ‘‘Koniag Interest Lands, Alaska Peninsula’’, Selection Rights established in subsection Valley Company. It is the intent of Congress dated May 1989. (b), and if such Federal property to be ex- that this exchange be completed without (b) VALUATION OF KONIAG SELECTION changed is not generating receipts to the delay within the period specified by sub- RIGHTS.— Federal Government in excess of $1,000,000 section (d). (1) IN GENERAL.—Pursuant to paragraph per year, then the Secretary may exchange (2) of this subsection, the Secretary shall the Federal property for that portion of the (b) DEFINITIONS.—As used in this section: value the Selection Rights which Koniag Selection Rights having a value equal to (1) The term ‘‘Sun Valley Company’’ means possesses within the boundaries of that of the Federal property. The remaining the Sun Valley Company, a division of Sin- Aniakchak National Monument and Pre- selection rights shall remain available for clair Oil Corporation, a Wyoming Corpora- serve, Alaska Peninsula National Wildlife additional exchanges. tion, or its successors or assigns. Refuge, and Becharof National Wildlife Ref- (C) For the purposes of any exchange to (2) The term ‘‘Secretary’’ means the Sec- uge. be consummated under this section, if less retary of Agriculture. (2) VALUE.— than all the selection rights are being ex- (c) EXCHANGE.— (A) IN GENERAL.—The value of the selec- changed, then the value of the selection (1) FEDERAL SELECTED LANDS.—(A) Not tion rights shall be equal to the fair market rights being exchanged shall be equal to the later than 45 days after the final determina- value of— number of acres of selection rights being ex- tion of value of the Federal selected lands, (i) the oil and gas interests in the lands changed multiplied by a fraction, the numer- the Secretary shall, subject to this section, or interests in lands that are the subject of ator of which is the value of all the selection transfer all right, title, and interest of the the selection rights; and rights as determined pursuant to subsection United States in and to the lands referred to (ii) in the case of the lands or interests in (b) hereof and the denominator of which is in subparagraph (B) to the Sun Valley Com- lands for which Koniag is to receive the en- the total number of acres of selection rights. pany. H12206 CONGRESSIONAL RECORD — HOUSE October 1, 1996 (B) The lands referred to in subparagraph section, the Sun Valley Company shall ar- ity with applicable title standards of the At- (A) are certain lands within the Cache Na- range and pay for appraisals of the offered torney General of the United States. tional Forest in the State of Utah compris- and selected lands by a qualified appraiser (4) STATUS OF LANDS.—Upon acceptance of ing 1,320 acres, more or less, as generally de- with experience in appraising similar prop- title by the Secretary, the land conveyed to picted on the map entitled ‘‘Snowbasin Land erties and who is mutually acceptable to the the United States pursuant to this section Exchange—Proposed’’ and dated October Sun Valley Company and the Secretary. The shall become part of the Wasatch or Cache 1995. appraisal of the Federal selected lands shall National Forests as appropriate, and the (2) NON-FEDERAL OFFERED LANDS.—Upon be completed and submitted to the Secretary boundaries of such National Forests shall be transfer of the Federal selected lands under for technical review and approval no later adjusted to encompass such lands. Once con- paragraph (1), and in exchange for those than 120 days after the date of enactment of veyed, such lands shall be managed in ac- lands, the Sun Valley Company shall simul- this Act, and the Secretary shall make a de- cordance with the Act of March 1, 1911, as taneously convey to the Secretary all right, termination of value not later than 30 days amended (commonly known as the ‘‘Weeks title and interest of the Sun Valley Company after receipt of the appraisal. In the event Act’’), and in accordance with the other in and to so much of the following offered the Secretary and the Sun Valley Company laws, rules and regulations applicable to Na- lands which have been previously identified are unable to agree to the appraised value of tional Forest System lands. This paragraph by the United States Forest Service as desir- a certain tract or tracts of land, the ap- does not limit the Secretary’s authority to able by the United States, or which are iden- praisal, appraisals, or appraisal issues in dis- adjust the boundaries pursuant to section 11 tified pursuant to subparagraph (E) prior to pute and a final determination of value shall of the Act of March 1, 1911 (‘‘Weeks Act’’). the transfer of lands under paragraph (1), as be resolved through a process of bargaining For the purposes of section 7 of the Land and are of approximate equal value to the Fed- or submission to arbitration in accordance Water Conservation Fund Act of 1965 (16 eral selected lands: with section 206(d) of the Federal Land Pol- U.S.C. 4601–9), the boundaries of the Wasatch (A) Certain lands located within the exte- icy and Management Act of 1976 (43 U.S.C. and Cache National Forests, as adjusted by rior boundaries of the Cache National Forest 1716(d)). this section, shall be considered to be bound- in Weber County, Utah, which comprise ap- (B) In order to expedite the appraisal of the aries of the forests as of January 1, 1965. proximately 640 acres and are generally de- Federal selected lands, such appraisal shall— picted on a map entitled ‘‘Lightning Ridge (i) value the land in its unimproved state, (e) PHASE FACILITY CONSTRUCTION AND OP- Offered Lands’’, dated October 1995. as a single entity for its highest and best use ERATION.— (B) Certain lands located within the Cache as if in private ownership and as of the date (1) PHASE I FACILITY FINDING AND REVIEW.— National Forest in Weber County, Utah, of enactment of this Act; (A) The Congress has reviewed the which comprise approximately 635 acres and (ii) consider the Federal lands as an inde- Snowbasin Ski Area Master Development are generally depicted on a map entitled pendent property as though in the private Plan dated October 1995 (hereinafter in this ‘‘Wheeler Creek Watershed Offered Lands— marketplace and suitable for development to subsection referred to as the ‘‘Master Plan’’). Section 2’’ dated October 1995. its highest and best use; On the basis of such review, and review of (C) Certain lands located within the exte- (iii) consider in the appraisal any encum- previously completed environmental and rior boundaries of the Cache National Forest brance on the title anticipated to be in the other resource studies for the Snowbasin Ski in Weber County, Utah, and lying imme- conveyance to Sun Valley Company and re- Area, Congress hereby finds that the ‘‘Phase diately adjacent to the outskirts of the City flect its effect on the fair market value of I’’ facilities referred to in the Master Plan to of Ogden, Utah, which comprise approxi- the property; and be located on National Forest System land mately 800 acres and are generally depicted (iv) not reflect any enhancement in value after consummation of the land exchange di- on a map entitled ‘‘Taylor Canyon Offered to the Federal selected lands based on the rected by this section are limited in size and Lands’’, dated October 1995. existence of private lands owned by the Sun scope, are reasonable and necessary to ac- (D) Certain lands located within the exte- Valley Company in the vicinity of the commodate the 2002 Olympics, and in some rior boundaries of the Cache National Forest Snowbasin Ski Resort, and shall assume that cases are required to provide for the safety of in Weber County, Utah, which comprise ap- private lands owned by the Sun Valley Com- skiing competitors and spectators. proximately 2,040 acres and are generally de- picted on a map entitled ‘‘North Fork Ogden pany are not available for use in conjunction (B) Within 60 days after the date of enact- River—Devil’s Gate Valley’’, dated October with the Federal selected lands. ment of this Act, the Secretary and the Sun 1995. (d) GENERAL PROVISIONS RELATING TO THE Valley Company shall review the Master (E) Such additional offered lands in the EXCHANGE.— Plan insofar as such plan pertains to Phase State of Utah as may be necessary to make (1) IN GENERAL.—The exchange authorized I facilities which are to be constructed and the values of the lands exchanged pursuant by this section shall be subject to the follow- operated wholly or partially on National to this section approximately equal, and ing terms and conditions: Forest System lands retained by the Sec- which are acceptable to the Secretary. (A) RESERVED RIGHTS-OF-WAY.—In any deed retary after consummation of the land ex- (3) SUBSTITUTION OF OFFERED LANDS.—If issued pursuant to subsection (c)(1), the Sec- change directed by this section. The Sec- one or more of the precise offered land par- retary shall reserve in the United States a retary may modify such Phase I facilities cels identified in subparagraphs (A) through right of reasonable access across the con- upon mutual agreement with the Sun Valley (D) of paragraph (2) is unable to be conveyed veyed property for public access and for ad- Company or by imposing conditions pursu- to the United States due to appraisal or ministrative purposes of the United States ant to paragraph (2) of this subsection. other reasons, or if the Secretary and the necessary to manage adjacent federally- (C) Within 90 days after the date of enact- Sun Valley Company mutually agree and the owned lands. The terms of such reservation ment of this Act, the Secretary shall submit Secretary determines that an alternative of- shall be prescribed by the Secretary within the reviewed Master Plan on the Phase I fa- fered land package would better serve long 30 days after the date of the enactment of cilities, including any modifications made term public needs and objectives, the Sun this Act. thereto pursuant to subparagraph (B), to the Valley Company may simultaneously convey (B) RIGHT OF RESCISSION.—This section Committee on Energy and Natural Resources to the United States alternative offered shall not be binding on either the United of the United States Senate and the Commit- lands in the State of Utah acceptable to the States or the Sun Valley Company if, within tee on Resources of the United States House Secretary in lieu of any or all of the lands 30 days after the final determination of value of Representatives for a 30–day review pe- identified in subparagraphs (A) through (D) of the Federal selected lands, the Sun Valley riod. At the end of the 30–day period, unless of paragraph (2). Company submits to the Secretary a duly otherwise directed by Act of Congress, the (4) VALUATION AND APPRAISALS.—(A) Values authorized and executed resolution of the Secretary may issue all necessary authoriza- of the lands to be exchanged pursuant to this Company stating its intention not to enter tions for construction and operation of such section shall be equal as determined by the into the exchange authorized by this section. facilities or modifications thereof in accord- Secretary utilizing nationally recognized ap- (2) WITHDRAWAL.—Subject to valid existing ance with the procedures and provisions of praisal standards and in accordance with sec- rights, effective on the date of enactment of paragraph (2) of this subsection. tion 206 of the Federal Land Policy and Man- this Act, the Federal selected lands de- (2) PHASE I FACILITY APPROVAL, CONDITIONS, agement Act of 1976. The appraisal reports scribed in subsection (c)(1) and all National AND TIMETABLE.—Within 120 days of receipt shall be written to Federal standards as de- Forest System lands currently under special of an application by the Sun Valley Com- fined in the Uniform Appraisal Standards for use permit to the Sun Valley Company at pany to authorize construction and oper- Federal Land Acquisitions. If, due to size, lo- the Snowbasin Ski Resort are hereby with- ation of any particular Phase I facility, fa- cation, or use of lands exchanged under this drawn from all forms of appropriation under cilities, or group of facilities, the Secretary, section, the values are not exactly equal, the public land laws (including the mining in consultation with the Sun Valley Com- they shall be equalized by the payment of laws) and from disposition under all laws pany, shall authorize construction and oper- cash equalization money to the Secretary or pertaining to mineral and geothermal leas- ation of such facility, facilities, or group of the Sun Valley Company as appropriate in ing. facilities, subject to the general policies of accordance with section 206(b) of the Federal (3) DEED.—The conveyance of the offered the Forest Service pertaining to the con- Land Policy and Management Act of 1976 (43 lands to the United States under this section struction and operation of ski area facilities U.S.C. 1716(b)). In order to expedite the con- shall be by general warranty or other deed on National Forest System lands and subject summation of the exchange directed by this acceptable to the Secretary and in conform- to reasonable conditions to protect National October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12207

Forest System resources. In providing au- of the National Forest System lands and re- (2) OFFER AND ACCEPTANCE OF LANDS.—The thorization to construct and operate a facil- sources; Secretary of Agriculture shall make the con- ity, facilities, or group of facilities, the Sec- (4) the Arkansas Ouachita lands and the veyance to Weyerhaeuser if Weyerhaeuser retary may not impose any condition that Oklahoma lands have outstanding wildlife conveys deeds of title to the United States, would significantly change the location, size, habitat and important recreational values subject to limitations and the reservation or scope of the applied for Phase I facility and should continue to be made available for described in subsection (e) and which are ac- unless— activities such as public hunting, fishing, ceptable to and approved by the Secretary of (A) the modification is mutually agreed to trapping, nature observation, enjoyment, Agriculture to the following— by the Secretary and the Sun Valley Com- education, and timber management when- (A) approximately 115,000 acres of lands pany; or ever these activities are consistent with ap- and mineral interests in the State of Okla- (B) the modification is necessary to pro- plicable Federal laws and land and resource homa, as depicted on a map entitled ‘‘Arkan- tect health and safety. management plans; these lands, especially in sas-Oklahoma Land Exchange— Nothing in this subsection shall be construed the riparian zones, also harbor endangered, Weyerhaeuser Oklahoma Lands,’’ dated Feb- to affect the Secretary’s responsibility to threatened and sensitive plants and animals ruary 1996 and available for public inspection monitor and assure compliance with the con- and the conservation and restoration of in appropriate offices of the Secretaries; ditions set forth in the construction and op- these areas are important to the recreational (B) approximately 41,000 acres of lands and eration authorization. and educational public uses and will rep- mineral interests in the State of Arkansas, (3) CONGRESSIONAL DIRECTIONS.—Notwith- resent a valuable ecological resource which as depicted on a map entitled ‘‘Arkansas- standing any other provision of law, Con- should be conserved; Oklahoma Land Exchange—Weyerhaeuser gress finds that consummation of the land (5) the private use of the lands the United Arkansas Ouachita Lands,’’ dated February exchange directed by this section and all de- States will convey to Weyerhaeuser will not 1996 and available for public inspection in ap- terminations, authorizations, and actions conflict with established management objec- propriate offices of the Secretaries; and taken by the Secretary pursuant to this sec- tives on adjacent Federal lands; (C) approximately 25,000 acres of lands and tion pertaining to Phase I facilities on Na- (6) the lands the United States will convey mineral interests in the State of Arkansas, tional Forest System lands, or any modifica- to Weyerhaeuser as part of the exchange de- as depicted on a map entitled ‘‘Arkansas- tions thereof, to be nondiscretionary actions scribed in paragraph (1) do not contain com- Oklahoma Land Exchange—Weyerhaeuser authorized and directed by Congress and parable fish, wildlife, or wetland values; Arkansas Cossatot Lands,’’ dated February hence to comply with all procedural and (7) the values of all lands, mineral inter- 1996 and available for public inspection in ap- other requirements of the laws of the United ests, and oil and gas interests to be ex- propriate offices of the Secretaries. States. Such determinations, authorizations, changed between the United States and (e) EXCHANGE OF OIL AND GAS INTERESTS.— and actions shall not be subject to adminis- Weyerhaeuser are approximately equal in (1) IN GENERAL.—Subject to paragraph (2) trative or judicial review. value; and and notwithstanding any other provision of (f) NO PRECEDENT.—Nothing in subsection (8) the exchange of lands, mineral inter- law, at the same time as the exchange for (c)(4)(B) of this section relating to conditions ests, and oil and gas interests between land and mineral interests is carried out pur- or limitations on the appraisal of the Fed- Weyerhaeuser and the United States is in the suant to this section, the Secretary of Agri- eral lands, or any provision of subsection (e), public interest. culture shall exchange all Federal oil and relating to the approval by the Congress or (b) PURPOSE.—The purpose of this section gas interests, including existing leases and the Forest Service of facilities on National is to authorize and direct the Secretary of other agreements, in the lands described in Forest System lands, shall be construed as a the Interior and the Secretary of Agri- subsection (d)(1) for equivalent oil and gas precedent for subsequent legislation. culture, subject to the terms of this title, to interests, including existing leases and other SEC. 305. ARKANSAS AND OKLAHOMA LAND EX- complete, as expeditiously as possible, an ex- agreements, owned by Weyerhaeuser in the CHANGE. change of lands, mineral interests, and oil lands described in subsection (d)(2). (a) FINDINGS.—Congress finds that: and gas interests with Weyerhaeuser that (2) RESERVATION.—In addition to the ex- (1) the Weyerhaeuser Company has offered will provide environmental, land manage- change of oil and gas interests pursuant to to the United States Government an ex- ment, recreational, and economic benefits to paragraph (1), Weyerhaeuser shall reserve oil change of lands under which Weyerhaeuser the States of Arkansas and Oklahoma and to and gas interests in and under the lands de- would receive approximately 48,000 acres of the United States. picted for reservation upon a map entitled Federal land in Arkansas and Oklahoma and (c) DEFINITIONS.—As used in this section: Arkansas-Oklahoma Land Exchange— all mineral interests and oil and gas inter- (1) LAND.—The terms ‘‘land’’ or ‘‘lands’’ Weyerhaeuser Oil and Gas Interest Reserva- ests pertaining to these exchanged lands in mean the surface estate and any other inter- tion Lands , dated February 1996 and avail- which the United States Government has an ests therein except for mineral interests and able for public inspection in appropriate of- interest in return for conveying to the Unit- oil and gas interests. fices of the Secretaries. Such reservation ed States lands owned by Weyerhaeuser con- (2) MINERAL INTERESTS.—The term ‘‘min- shall be subject to the provisions of this title sisting of approximately 181,000 acres of for- eral interests’’ means geothermal steam and and the form of such reservation shall com- ested wetlands and other forest land of pub- heat and all metals, ores, and minerals of ply with the jointly agreed to Memorandum lic interest in Arkansas and Oklahoma and any nature whatsoever, except oil and gas in- of Understanding between the Forest Service all mineral interests and all oil and gas in- terests, in or upon lands subject to this title and Weyerhaeuser dated March 27, 1996 and terests pertaining to 48,000 acres of these including, but not limited to, coal, lignite, on file with the Office of the Chief of the 181,000 acres of exchanged lands in which peat, rock, sand, gravel, and quartz. Forest Service in Washington, D.C. and with Weyerhaeuser has an interest, consisting (3) OIL AND GAS INTERESTS.—The term ‘‘oil the Committee on Energy and Natural Re- of— and gas interests’’ means all oil and gas of sources of the United States Senate and the (A) certain lands in Arkansas (Arkansas any nature, including carbon dioxide, he- Committee on Resources of the United Ouachita lands) located near Poteau Moun- lium, and gas taken from coal seams (collec- States House of Representatives. tain, Caney Creek Wilderness, Lake tively ‘‘oil and gas’’). (f) GENERAL PROVISIONS.— Ouachita, Little Missouri Wild and Scenic (4) SECRETARIES.—The term ‘‘Secretaries’’ (1) MAPS CONTROLLING.—The acreage cited River, Flatside Wilderness and the Ouachita means the Secretary of the Interior and the in this section is approximate. In the case of National Forest; Secretary of Agriculture. a discrepancy between the description of (B) certain lands in Oklahoma (Oklahoma (5) WEYERHAEUSER.—The term lands, mineral interests, or oil and gas inter- lands) located near the McCurtain County ‘‘Weyerhaeuser’’ means Weyerhaeuser Com- ests to be exchanged pursuant to subsections Wilderness, the Broken Bow Reservoir, the pany, a company incorporated in the State (d) and (e) and the lands, mineral interests, Glover River, and the Ouachita National of Washington. or oil and gas interests depicted on a map re- Forest; and (d) EXCHANGE OF LANDS AND MINERAL IN- ferred to in such subsection, the map shall (C) certain lands in Arkansas (Arkansas TERESTS.— control. The maps referenced in this section Cossatot lands) located on the Little and (1) IN GENERAL.—Subject to paragraph (2) shall be subject to such minor corrections as Cossatot Rivers and identified as the ‘‘Pond and notwithstanding any other provision of may be agreed upon by the Secretaries and Creek Bottoms’’ in the Lower Mississippi law, within 90 days after the date of the en- Weyerhaeuser so long as the Secretary of Ag- River Delta section of the North American actment of this Act, the Secretary of Agri- riculture notifies the Committee on Energy Waterfowl Management Plan; culture shall convey to Weyerhaeuser, sub- and Natural Resources of the United States (2) acquisition of the Arkansas Cossatot ject to any valid existing rights, approxi- Senate and the Committee on Resources of lands by the United States will remove the mately 20,000 acres of Federal lands and min- the United States House of Representatives lands in the heart of a critical wetland eco- eral interests in the State of Arkansas and of any such minor corrections. system from sustained timber production approximately 28,000 acres of Federal lands (2) FINAL MAPS.—Not later than 180 days and other development; and mineral interests in the State of Okla- after the conclusion of the exchange required (3) the acquisition of the Arkansas homa as depicted on maps entitled ‘‘Arkan- by subsections (d) and (e), the Secretaries Ouachita lands and the Oklahoma lands by sas-Oklahoma Land Exchange—Federal Ar- shall transmit maps accurately depicting the the United States for administration by the kansas and Oklahoma Lands,’’ dated Feb- lands, mineral interests, and oil and gas in- Forest Service will provide an opportunity ruary 1996 and available for public inspection terests conveyed and transferred pursuant to for enhancement of ecosystem management in appropriate offices of the Secretaries. this section and the acreage and boundary H12208 CONGRESSIONAL RECORD — HOUSE October 1, 1996

descriptions of such lands, mineral interests, cluding hunting, fishing, and trapping. The (d) REPORTING REQUIREMENT.—Not later and oil and gas interests to the Committees plan shall permit, to the maximum extent than 6 months after the date of the enact- on Energy and Natural Resources of the Sen- practicable, compatible uses to the extent ment of this Act and every 6 months there- ate and the Committee on Resources of the that they are consistent with sound wildlife after until the earlier of the consummation House of Representatives. management and in accordance with the Na- of the exchange or July 1, 1998, the Secretary (3) CANCELLATION.—If, before the exchange tional Wildlife Refuge System Administra- of the Interior and the Secretary of Agri- has been carried out pursuant to subsections tion Act of 1966 (16 U.S.C. 668dd–668ee) and culture shall each submit a report to the (d) and (e), Weyerhaeuser provides written other applicable laws. Any regulations pro- Committee on Resources of the House of notification to the Secretaries that mulgated by the Secretary of the Interior Representatives and the Committee on En- Weyerhaeuser no longer intends to complete with respect to hunting, fishing, and trap- ergy and Natural Resources of the Senate the exchange, with respect to the lands, min- ping on those lands shall, to the extent prac- concerning the progress in consummating eral interests, and oil and gas interests that ticable, be consistent with State fish and the land exchange authorized by the amend- would otherwise be subject to the exchange, wildlife laws and regulations. In preparing ments made by Big Thicket National Pre- the status of such lands, mineral interests, the management plan and regulations, the serve Addition Act of 1993 (Public Law 103– and oil and gas interests shall revert to the Secretary of the Interior shall consult with 46). status of such lands, mineral interests, and the Arkansas Game and Fish Commission. (e) LAND EXCHANGE IN LIBERTY COUNTY, EXAS oil and gas interests as of the day before the (3) INTERIM USE OF LANDS.— T .—If, within one year after the date of the enactment of this Act— date of enactment of this Act and shall be (A) IN GENERAL.—Except as provided in managed in accordance with applicable law paragraph (2), during the period beginning on (1) the owners of the private lands de- and management plans. the date of the completion of the exchange of scribed in subsection (f)(1) offer to transfer (4) WITHDRAWAL.—Subject to valid existing lands required by this section and ending on all their right, title, and interest in and to rights, the lands and interests therein de- the first date of the implementation of the such lands to the Secretary of the Interior, picted for conveyance to Weyerhaeuser on plan prepared under paragraph (2), the Sec- and the maps referenced in subsections (d) and retary of the Interior shall administer all (2) Liberty County, Texas, agrees to accept (e) are withdrawn from all forms of entry lands added to the Cossatot National Wildlife the transfer of the Federal lands described in and appropriation under the public land laws Refuge pursuant to this title in accordance subsection (f)(2), the Secretary shall accept such offer of pri- (including the mining laws) and from the op- with the National Wildlife Refuge System vate lands and, in exchange and without ad- eration of mineral leasing and geothermal Administration Act of 1966 (16 U.S.C. 668dd– ditional consideration, transfer to Liberty steam leasing laws effective upon the date of 668ee) and other applicable laws. County, Texas, all right, title, and interest the enactment of this title. Such withdrawal (B) HUNTING SEASONS.—During the period of the United States in and to the Federal shall terminate 45 days after completion of described in subparagraph (A), the duration the exchange provided for in subsections (d) lands described in subsection (f)(2). of any hunting season on the lands described (f) LANDS DESCRIBED.— and (e) or on the date of notification by in paragraph (1) shall comport with the ap- Weyerhaeuser of a decision not to complete (1) PRIVATE LANDS.—The private lands de- plicable State law. scribed in this paragraph are approximately the exchange. (i) OUACHITA NATIONAL FOREST BOUNDARY (g) NATIONAL FOREST SYSTEM.— 3.76 acres of lands located in Liberty County, ADJUSTMENT.—Upon acceptance of title by Texas, as generally depicted on the map enti- (1) ADDITION TO THE SYSTEM.—Upon ap- the Secretary of Agriculture of the lands tled ‘‘Big Thicket Lake Estates Access—Pro- proval and acceptance of title by the Sec- conveyed to the United States pursuant to posed’’. retary of Agriculture, the 156,000 acres of subsection (d)(2)(A) and (B), the boundaries (2) FEDERAL LANDS.—The Federal lands de- land conveyed to the United States pursuant of the Ouachita National Forest shall be ad- scribed in this paragraph are approximately to subsection (d)(2)(A) and (B) of this section justed to encompass those lands conveyed to 2.38 acres of lands located in Menard Creek shall be subject to the Act of March 1, 1911 the United States generally depicted on the Corridor Unit of the Big Thicket National (commonly known as the Weeks Law ) (36 appropriate maps referred to in subsection Stat. 961, as amended), and shall be adminis- (d). Nothing in this subsection shall limit Preserve, as generally depicted on the map tered by the Secretary of Agriculture in ac- the authority of the Secretary of Agriculture referred to in paragraph (1). (g) ADMINISTRATION OF LANDS ACQUIRED BY cordance with the laws and regulations per- to adjust the boundary pursuant to section THE UNITED STATES.—The lands acquired by taining to the National Forest System. 11 of the Weeks Law of March 1, 1911. For the the Secretary under subsection (e) shall be (2) PLAN AMENDMENTS.—No later than 12 purposes of section 7 of the Land and Water added to and administered as part of the months after the completion of the exchange Conservation Fund Act of 1965 (16 U.S.C. 460l– Menard Creek Corridor Unit of the Big required by this section, the Secretary of Ag- 9), the boundaries of the Ouachita National Thicket National Preserve. riculture shall begin the process to amend Forest, as adjusted by this section, shall be applicable land and resource management considered to be the boundaries of the Forest SEC. 307. LOST CREEK LAND EXCHANGE. plans with public involvement pursuant to as of January 1, 1965. (a) LAND EXCHANGE.— section 6 of the Forest and Rangeland Re- (j) MAPS AND BOUNDARY DESCRIPTIONS.— (1) IN GENERAL.—Notwithstanding any newable Resource Planning Act of 1974, as Not later than 180 days after the date of en- other provision of law, the Secretary of Agri- amended by the National Forest Manage- actment of this title, the Secretary of Agri- culture (referred to in this section as the ment Act of 1976 (16 U.S.C. 1604); Provided, culture shall prepare a boundary description ‘‘Secretary’’) shall— that no amendment or revision of applicable of the lands depicted on the map(s) referred (A) acquire by exchange certain land and land and resource management plans shall be to in subsection (d)(2)(A) and (B). Such interests in land owned by R-Y Timber, Inc., required prior to completion of the amend- map(s) and boundary description shall have and its affiliates, successors, and assigns (re- ment process required by this paragraph for the same force and effect as if included in ferred to in this section as the ‘‘Corpora- the Secretary of Agriculture to authorize or this Act, except that the Secretary of Agri- tion’’), located in the Lost Creek and Twin undertake activities consistent with forest culture may correct clerical and typo- Lakes areas of the Beaverhead-Deerlodge Na- wide standards and guidelines and all other graphical errors. tional Forest, Montana; and applicable laws and regulations on lands con- SEC. 306. BIG THICKET NATIONAL PRESERVE. (B)(i) convey certain land and interests in veyed to the United States pursuant to sub- (a) EXTENSION.—The last sentence of sub- land owned by the United States and located section (d)(2)(A) and (B). section (d) of the first section of the Act en- in the Beaverhead-Deerlodge National Forest (h) OTHER.— titled ‘‘An Act to authorize the establish- and the Gallatin National Forest, Montana, (1) ADDITION TO THE NATIONAL WILDLIFE ment of the Big Thicket National Preserve to the Corporation; and REFUGE SYSTEM.—Once acquired by the Unit- in the State of Texas, and for other pur- (ii) grant the right to harvest timber on ed States, the 25,000 acres of land identified poses’’, approved October 11, 1974 (16 U.S.C. land in the Beaverhead-Deerlodge National in subsection (d)(2)(C), the Arkansas 698(d)), is amended by striking out ‘‘two Forest and the Gallatin National Forest as Cossatot lands, shall be managed by the Sec- years after date of enactment’’ and inserting specified in the document under paragraph retary of the Interior as a component of the ‘‘five years after the date of enactment’’. (4). Cossatot National Wildlife Refuge in accord- (b) INDEPENDENT APPRAISAL.—Subsection (2) OFFER AND ACCEPTANCE OF LAND.— ance with the National Wildlife Refuge Sys- (d) of the first section of such Act (16 U.S.C. (A) NON-FEDERAL LAND.—If the Corporation tem Administration Act of 1966 (16 U.S.C. 698(d)) is further amended by adding at the offers to convey to the United States fee 668dd–668ee). end the following: ‘‘The Secretary, in consid- title that is acceptable to the Secretary to (2) PLAN PREPARATION.—Within 24 months ering the values of the private lands to be ex- approximately 17,567 acres of land owned by after the completion of the exchange re- changed under this subsection, shall consider the Corporation and available for exchange, quired by this section, the Secretary of the independent appraisals submitted by the as depicted on the map entitled ‘‘R-Y/Forest Interior shall prepare and implement a sin- owners of the private lands.’’. Service Land Exchange Proposal’’, dated gle refuge management plan for the Cossatot (c) LIMITATION.—Subsection (d) of the first June, 1996, and described in the document National Wildlife Refuge, as expanded by section of such Act (16 U.S.C. 698(d)), as under paragraph (4), the Secretary shall ac- this title. Such plans shall recognize the im- amended by subsection (b), is further amend- cept a warranty deed to the land. portant public purposes served by the non- ed by adding at the end the following: ‘‘The (B) FEDERAL LAND.— consumptive activities, other recreational authority to exchange lands under this sub- (i) CONVEYANCE.—On acceptance of title to activities, and wildlife-related public use, in- section shall expire on July 1, 1998.’’. the Corporation’s land under subparagraph October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12209

(A) and on the effective date of the document (D) DESIGN AND LAYOUT.— as a result of the acquisition of an interest under paragraph (4), the Secretary shall— (i) IN GENERAL.—The Forest Service shall in the land described in subsection (a)(2)(A) (I) convey to the Corporation, subject to determine the timber sale design and layout or because of circumstances or events occur- valid existing rights, by exchange deed, fee in consultation with the Corporation. ring before the acquisition, including any re- title to approximately 7,185 acres in the Bea- (ii) HARVEST VOLUME.—Identification of the lease or threat of release of a hazardous sub- verhead-Deerlodge National Forest; and timber harvest volume shall be determined stance. (II) grant to the Corporation the right to in accordance with Department of Agri- (5) RELEASE FROM STUDY.—The land com- harvest approximately 6,200,000 board feet of culture standards. prising approximately 1,320 acres in the Bea- timber on certain land in the Beaverhead- (iii) MONITORING.—The Forest Service shall verhead-Deerlodge National Forest, as gen- Deerlodge National Forest and approxi- monitor harvest and post-harvest activities erally depicted on the map entitled ‘‘West mately 4,000,000 board feet of timber on cer- to ensure compliance with the terms and Pioneer Study Deletion—Proposed’’, dated tain land in the Gallatin National Forest, conditions of the document under subpara- 1994, is released from study under section collectively referred to as the harvest vol- graph (A). 2(a)(1) of the Montana Wilderness Study Act ume, as depicted on the map described in (5) CONFLICT.—In case of conflict between of 1977 (91 Stat. 1243). subparagraph (A) and subject to the terms the map described in paragraph (2)(A) and SEC. 308. CLEVELAND NATIONAL FOREST LAND and conditions stated in the document under the document under paragraph (4), the map EXCHANGE. paragraph (4). shall control. (a) CONVEYANCE BY THE SECRETARY OF AG- (b) TITLE.— (3) TIMBER HARVESTING.— RICULTURE.— (1) REVIEW OF TITLE.—Not later than 60 (A) IN GENERAL.—The timber harvest vol- (1) CONVEYANCE.—In exchange for the con- ume described in paragraph (2)(B)(i)(II) is in days after receipt of title documents from veyance described in subsection (b), the Sec- addition to, and is not intended as an offset the Corporation, the Secretary shall review retary of Agriculture (hereinafter referred to against, the present or future planned timber the title for the non-Federal land described as the ‘‘Secretary’’) shall convey to the Or- in subsection (a)(2)(A) and determine wheth- sale program for the Beaverhead-Deerlodge ange County Council of the Boy Scouts of er— National Forest or the Gallatin National America all right, title, and interest of the (A) title standards of the Department of Forest, so long as the allowable sale quan- United States in and to the parcel of land de- Justice applicable to Federal land acquisi- tity for each national forest, respectively, is scribed in paragraph (2) located in the Cleve- tion have been satisfied or the quality of not exceeded for the planning period. land National Forest. The parcel conveyed title is otherwise acceptable to the Sec- (B) SBA SHARE.—The Forest Service shall by the Secretary shall be subject to valid ex- retary; not reduce its Small Business Administra- isting rights and to any easements that the tion share of timber sale set-aside offerings (B) all draft conveyances and closing docu- Secretary considers necessary for public and in the Beaverhead-Deerlodge National Forest ments have been received and approved; administrative access. or the Gallatin National Forest by reason of (C) a current title commitment verifying (2) DESCRIPTION OF PARCEL.—The parcel of the land exchange under this subsection. compliance with applicable title standards land referred to in paragraph (1) consists of (C) MINIMUM AND MAXIMUM ANNUAL HAR- has been issued to the Secretary; and not more than 60 acres of land in Section 28, VESTS.— (D) the Corporation has complied with the Township 9 South, Range 4 East, San (i) IN GENERAL.—Subject to clause (ii)— conditions imposed by this section. Bernardino Meridian, in the unincorporated (I) not less than 20 nor more than 30 per- (2) UNACCEPTABLE QUALITY OF TITLE.—If the territory of San Diego County, California. cent of the timber described in paragraph quality of title does not meet Federal stand- (b) CONVEYANCE BY THE BOY SCOUTS OF (2)(B)(i)(II) shall be made available by the ards and is not otherwise acceptable to the AMERICA.— end of each fiscal year over a 4– or 5–year pe- Secretary, the Secretary shall advise the (1) CONVEYANCE.—In exchange for the con- riod beginning with the first fiscal year that Corporation regarding corrective actions veyance described in subsection (a), the Or- begins after the date of enactment of this necessary to make an affirmative determina- Act; and tion. ange County Council of the Boy Scouts of America shall convey to the United States (II) the Corporation shall be allowed at (3) CONVEYANCE OF TITLE.—The Secretary least 3 years after the end of each fiscal year shall accept the conveyance of land de- all right, title, and interest to the parcel of in which to complete the harvest of timber scribed in subsection (a)(2)(A) not later than land described in paragraph (2). The parcel made available for that fiscal year. 60 days after the Secretary has made an af- conveyed under this subsection shall be sub- (ii) EXCEPTIONAL CIRCUMSTANCES.—The firmative determination of quality of title. ject to such valid existing rights of record as timber harvest volumes specified in clause (c) GENERAL PROVISIONS.— may be acceptable to the Secretary, and the (i) shall not be required in the case of the oc- (1) MAPS AND DOCUMENTS.— title to the parcel shall conform with the currence of exceptional circumstances iden- (A) IN GENERAL.—The map described in sub- title approval standards applicable to Fed- tified in the agreement under paragraph (4). section (a)(2)(A) and the document under eral land acquisitions. In the case of such an occurrence that re- subsection (a)(4) shall be subject to such (2) DESCRIPTION OF PARCEL.—The parcel of sults in the making available of less than 20 minor corrections as may be agreed upon by land referred to in paragraph (1) shall be ap- percent of the timber for any fiscal year, the the Secretary and the Corporation. proximately equal in value to the lands de- Secretary shall provide compensation of (B) PUBLIC AVAILABILITY.—The map de- scribed in subsection (a)(2) and shall be at equal value to the Corporation in a form pro- scribed in subsection (a)(2)(A) and the docu- least the Southerly 94 acres of the Westerly vided for in the agreement under paragraph ment under subsection (a)(4) shall be on file 1⁄2 of Section 34, Township 9 South, Range 4 (4). and available for public inspection in the ap- East, San Bernardino Meridian, in the unin- (4) LAND EXCHANGE SPECIFICATION AGREE- propriate offices of the Forest Service. corporated territory of San Diego County, MENT.— (2) NATIONAL FOREST SYSTEM LAND.— California. (A) IN GENERAL.—Notwithstanding any (A) IN GENERAL.—All land conveyed to the (c) BOUNDARY ADJUSTMENT.—Upon the other provision of law, a document entitled United States under this section shall be completion of the land exchange authorized ″R-Y/Forest Service Land Exchange added to and administered as part of the under this section, the Secretary shall adjust Specifications″ shall be jointly developed Beaverhead-Deerlodge National Forest and the boundaries of the Cleveland National and agreed to by the Corporation and the shall be administered by the Secretary in ac- Forest to exclude the parcel conveyed by the Secretary. cordance with the laws (including regula- Secretary under subsection (a) and to in- (B) DESCRIPTIONS OF LANDS TO BE EX- tions) pertaining to the National Forest Sys- clude the parcel obtained by the Secretary CHANGED.—The document under subpara- tem. under subsection (b). For purposes of section graph (A) shall define the non-Federal and (B) WILDERNESS STUDY AREA ACQUISI- 7 of the Land and Water Conservation Fund Federal lands and interests in land to be ex- TIONS.—Land acquired under this section Act of 1964 (16 U.S.C. 460l–9), the boundary of changed and include legal descriptions of the that is located within the boundary of a wil- the Cleveland National Forest, as modified lands and interests in land and an agreement derness area in existence on the date of en- by this title, shall be considered the bound- to harvest timber on National Forest System actment of this Act shall be included within ary of the forest as of January 1, 1965. land in accordance with the standard timber the National Wilderness Preservation Sys- (d) INCORPORATION INTO CLEVELAND NA- contract specifications, section 251.14 of title tem. TIONAL FOREST.—Upon acceptance of title by 36, Code of Federal Regulations (as in effect (3) VALUATION.—The values of the lands the Secretary, the parcel obtained by the on the date of enactment of this Act), and and interests in land to be exchanged under Secretary under subsection (b) shall become any other pertinent conditions. this section are deemed to be equal. part of the Cleveland National Forest and (C) SUBMISSION TO CONGRESS.—The docu- (4) LIABILITY FOR HAZARDOUS SUBSTANCES.— shall be subject to all laws applicable to such ment under subparagraph (A)— The United States (including the depart- national forest. (i) upon its completion shall be submitted ments, agencies, and employees of the Unit- SEC. 309. SAND HOLLOW LAND EXCHANGE. to the Committee on Energy and Natural Re- ed States) shall not be liable under the Com- (a) DEFINITIONS.—As used in this section: sources of the Senate and the Committee on prehensive Environmental Response, Com- (1) DISTRICT.—The term ‘‘District’’ means Resources of the House of Representatives; pensation, and Liability Act of 1980 (42 the Water Conservancy District of Washing- and U.S.C. 9601 et seq.), the Federal Water Pollu- ton County, Utah. (ii) shall not take effect until 45 days after tion Control Act (33 U.S.C. 1251 et seq.), or (2) SECRETARY.—The term ‘‘Secretary’’ the date of submission to both committees. any other Federal, State, or local law solely means the Secretary of the Interior. H12210 CONGRESSIONAL RECORD — HOUSE October 1, 1996

(3) BULLOCH SITE.—The term ‘‘Bulloch habitat for the desert tortoise, as determined the election of KNA, to complete the convey- Site’’ means the lands located in Kane Coun- by the Director of the Bureau of Land Man- ances provided for in this section. ty, Utah, adjacent to Zion National Park, agement; (c) DEFINITIONS.—For purposes of this sec- comprised of approximately 550 acres, as gen- (2) transfer of all right, title, and interest tion, the term— erally depicted on a map entitled ‘‘Washing- of the District in and to lands in the Smith (1) ‘‘ANCSA’’ means the Alaska Native ton County Water Conservancy District Ex- Site and water rights of the District associ- Claims Settlement Act of 1971 (43 U.S.C. 1601 change Proposal’’ and dated May 30, 1996. ated thereto; and et seq.); (4) SAND HOLLOW SITE.—The term ‘‘Sand (3) the payment of money to the Secretary, (2) ‘‘ANILCA’’ means the Alaska National Hollow Site’’ means the lands located in to the extent that lands and rights trans- Interest Lands Conservation Act (Public Law Washington County, Utah, comprised of ap- ferred under paragraphs (1) and (2) are not 96–487; 94 Stat. 2371 et seq.); proximately 3,000 acres, as generally de- sufficient to equalize the values of the lands (3) ‘‘conservation system unit’’ has the picted on a map entitled ‘‘Washington Coun- exchanged under subsection (b)(1). same meaning as in section 102(4) of ANILCA ty Water Conservancy District Exchange (d) MANAGEMENT OF LANDS ACQUIRED BY (16 U.S.C. 3102(4)); Proposal’’ and dated May 30, 1996. THE UNITED STATES.—Lands acquired by the (4) ‘‘CIRI’’ means the Cook Inlet Region, (5) QUAIL CREEK PIPELINE.—The term Secretary under this section shall be admin- Inc., a Native Regional Corporation incor- ‘‘Quail Creek Pipeline’’ means the lands lo- istered by the Secretary, acting through the porated in the State of Alaska pursuant to cated in Washington County, Utah, com- Director of the Bureau of Land Management, the terms of ANCSA; prised of approximately 40 acres, as gen- in accordance with the provisions of law gen- (5) ‘‘EVOS’’ means the Exxon Valdez oil erally depicted on a map entitled ‘‘Washing- erally applicable to the public lands, includ- spill; ton County Water Conservancy District Ex- ing the Federal Land Policy and Manage- (6) ‘‘KNA’’ means the Kenai Natives Asso- change Proposal’’ and dated May 30, 1996. ment Act of 1976 (43 U.S.C. 1701 et seq.). ciation, Inc., an urban corporation incor- (6) QUAIL CREEK RESERVOIR.—The term (e) NATIONAL ENVIRONMENTAL POLICY ACT porated in the State of Alaska pursuant to the terms of ANCSA; ‘‘Quail Creek Reservoir’’ means the lands lo- OF 1976.—The exchange of lands under this cated in Washington County, Utah, com- section is not subject to section 102 of the (7) ‘‘lands’’ means any lands, waters, or in- prised of approximately 480.5 acres, as gen- National Environmental Policy Act of 1969 terests therein; erally depicted on a map entitled ‘‘Washing- (42 U.S.C. 4322). (8) ‘‘Refuge’’ means the Kenai National Wildlife Refuge; ton County Water Conservancy District Ex- (f) VALUATION OF LANDS TO BE ACQUIRED BY (9) ‘‘Secretary’’ means the Secretary of the change Proposal’’ and dated May 30, 1996. THE UNITED STATES IN WASHINGTON COUNTY, Interior; (7) SMITH PROPERTY.—The term ‘‘Smith UTAH.—In acquiring any lands and any inter- (10) ‘‘Service’’ means the United States Property’’ means the lands located in Wash- ests in lands in Washington County, Utah, by Fish and Wildlife Service; and ington County, Utah, comprised of approxi- purchase, exchange, donation or other trans- (11) ‘‘Terms and Conditions’’ means the mately 1,550 acres, as generally depicted on a fers of interest, the Secretary of the Interior Terms and Conditions for Land Consolida- map entitled ‘‘Washington County Water shall appraise, value, and offer to acquire tion and Management in the Cook Inlet Conservancy District Exchange Proposal’’ such lands and interests without regard to Area, as clarified on August 31, 1976, ratified and dated May 30, 1996. the presence of a species listed as threatened (b) EXCHANGE.— by section 12 of Public Law 94–204 (43 U.S.C. or endangered or any proposed or actual des- (1) IN GENERAL.—Subject to the provisions 1611 note). ignation of such property as critical habitat of this section, if within 18 months after the (d) ACQUISITION OF LANDS.— for a species listed as threatened or endan- date of the enactment of this Act, the Water (1) OFFER TO KNA.— gered pursuant to the Endangered Species Conservancy District of Washington County, (A) IN GENERAL.—Subject to the availabil- Act of 1973 (16 U.S.C. 1531 et seq.). Utah, offers to transfer to the United States ity of the funds identified in paragraph all right, title, and interest of the District in SEC. 310. BUREAU OF LAND MANAGEMENT AU- (2)(C), no later than 90 days after the date of and to the Bulloch Site, the Secretary of the THORIZATION FOR FISCAL YEARS enactment of this section, the Secretary 1997 THROUGH 2002. Interior shall, in exchange, transfer to the shall offer to convey to KNA the interests in Section 318(a) of the Federal Land Policy District all right, title, and interest of the land and rights set forth in paragraph (2)(B), and Management Act of 1976 (43 U.S.C. United States in and to the San Hollow Site, subject to valid existing rights, in return for 1748(a)) is amended by striking out ‘‘October the Quail Creek Pipeline and Quail Creek the conveyance by KNA to the United States 1, 1978’’ and by inserting in lieu thereof ‘‘Oc- Reservoir, subject to valid existing rights. of the interests in land or relinquishment of tober 1, 2002’’. (2) WATER RIGHTS ASSOCIATED WITH THE ANCSA selections set forth in paragraph BULLOCH SITE.—The water rights associated SEC. 311. KENAI NATIVES ASSOCIATION EQUITY. (2)(A). Payment for the lands conveyed to with the Bulloch Site shall be transferred to (a) SHORT TITLE.—This section may be the United States by KNA is contingent upon the United States pursuant to Utah State cited as the ‘‘Kenai Natives Association Eq- KNA’s acceptance of the entire conveyance law. uity Act Amendments of 1996’’. outlined herein. (3) WITHDRAWAL OF MINERAL INTERESTS.— (b) FINDINGS AND PURPOSE.— (B) LIMITATION.—The Secretary may not Subject to valid existing rights, the mineral (1) FINDINGS.—The Congress finds the fol- convey any lands or make payment to KNA interests underlying the Sand Hollow Site, lowing: under this section unless title to the lands to the Quail Creek Reservoir, and the Quail (A) The United States Fish and Wildlife be conveyed by KNA under this section has Creek Pipeline are hereby withdrawn from Service and Kenai Natives Association, Inc., been found by the United States to be suffi- disposition under the public land laws and have agreed to transfers of certain land cient in accordance with the provisions of from location, entry, and patent under the rights, in and near the Kenai National Wild- section 355 of the Revised Statutes (40 U.S.C. mining laws of the United States, from the life Refuge, negotiated as directed by Public 255). operation of the mineral leasing laws of the Law 102–458. (2) ACQUISITION LANDS.— United States, from the operation of the (B) The lands to be acquired by the Service (A) LANDS TO BE CONVEYED TO THE UNITED Geothermal Steam Act of 1970, and from the are within the area impacted by the Exxon STATES.—The lands to be conveyed by KNA operation of the Act of July 31, 1947, com- Valdez oil spill of 1989, and these lands in- to the United States, or the valid selection monly known as the ‘‘Materials Act of 1947’’ cluded important habitat for various species rights under ANCSA to be relinquished, all (30 U.S.C. 601 et seq.). of fish and wildlife for which significant in- situated within the boundary of the Refuge, (4) GRAZING.—The exchange of lands under jury resulting from the spill has been docu- are the following: paragraph (1) shall be subject to agreement mented through the EVOS Trustee Council (i) The conveyance of approximately 803 by the District to continue to permit the restoration process. This analysis has indi- acres located along and on islands within the grazing of domestic livestock on the Sand cated that these lands generally have value Kenai River, known as the Stephanka Tract. Hollow Site under the terms and conditions for the restoration of such injured natural (ii) The conveyance of approximately 1,243 of existing Federal grazing leases or permits, resources as pink salmon, dolly varden, bald acres located along the Moose River, known except that the District, upon terminating eagles, river otters, and cultural and archae- as the Moose River Patented Lands Tract. any such lease or permit, shall fully com- ological resources. This analysis has also in- (iii) The relinquishment of KNA’s selection pensate the holder of the terminated lease or dicated that these lands generally have high known as the Moose River Selected Tract, permit. value for the restoration of injured species containing approximately 753 acres located (c) EQUALIZATION OF VALUES.—The value of that rely on these natural resources, includ- along the Moose River. the lands transferred out of Federal owner- ing wilderness quality, recreation, tourism, (iv) The relinquishment of KNA’s remain- ship under subsection (b) either shall be and subsistence. ing ANCSA entitlement of approximately 454 equal to the value of the lands received by (C) Restoration of the injured species will acres. the Secretary under that section or, if not, benefit from acquisition and the prevention (v) The relinquishment of all KNA’s re- shall be equalized by— of disturbances which may adversely affect maining overselections. Upon completion of (1) to the extent possible, transfer of all their recovery. all relinquishments outlined above, all right, title, and interest of the District in (D) It is in the public interest to complete KNA’s entitlement shall be deemed to be ex- and to lands in Washington County, Utah, the conveyances provided for in this section. tinguished and the completion of this acqui- and water rights of the District associated (2) PURPOSE.—The purpose of this section sition will satisfy all of KNA’s ANCSA enti- thereto, which are within the area providing is to authorize and direct the Secretary, at tlement. October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12211 (vi) The conveyance of an access easement authorized in paragraph (1), the Secretary duties, obligations, or the property rights providing the United States and its assigns shall, at no cost to KNA, in coordination held by CIRI under the Terms and Condi- access across KNA’s surface estate in the with KNA, promptly undertake to nominate tions, or otherwise except as set forth in this SW1⁄4 of section 21, T. 6 N., R. 9 W., Seward the Stephanka Tract to the National Reg- section. In the event of the purchase by the Meridian, Alaska. ister of Historic Places, in recognition of the United States of any lands from KNA in ac- (vii) The conveyance of approximately 100 archaeological artifacts from the original cordance with subparagraph (A)(ii), the Unit- acres within the Beaver Creek Patented Dena’ina Settlement. If the Department of ed States shall reassume from KNA the Tract, which is contiguous to lands being re- the Interior establishes a historical, cul- rights it previously held under the Terms tained by the United States contiguous to tural, or archaeological interpretive site, and Conditions and the provisions in any the Beaver Creek Patented Tract, in ex- KNA shall have the exclusive right to oper- patent implementing section 22(g) of ANCSA change for 280 acres of Service lands cur- ate a Dena’ina interpretive site on the will again apply. rently situated within the Beaver Creek Se- Stephanka Tract under the regulations and (v) By virtue of implementation of this lected Tract. policies of the department. If KNA declines section, CIRI is deemed entitled to 1,207 (B) LANDS TO BE CONVEYED TO KNA.—The to operate such a site, the department may acres of in-lieu subsurface entitlement under rights provided or lands to be conveyed by do so under its existing authorities. Prior to section 12(a)(1) of ANCSA. Such entitlement the United States to KNA, are the following: the department undertaking any archae- shall be fulfilled in accordance with para- (i) The surface and subsurface estate to ap- ological activities whatsoever on the graph 1(B)(2)(A) of the Terms and Conditions. proximately 5 acres, subject to reservations Stephanka Tract, KNA shall be consulted. (B) MAPS AND LEGAL DESCRIPTIONS.—Maps of easements for existing roads and utilities, (3) GENERAL PROVISIONS.— and a legal description of the lands described located within the city of Kenai, Alaska, (A) REMOVAL OF KNA LANDS FROM THE NA- above shall be on file and available for public identified as United States Survey 1435, TIONAL WILDLIFE REFUGE SYSTEM.— inspection in the appropriate offices of the withdrawn by Executive Order 2934, and (i) Effective on the date of closing for the United States Department of the Interior, known as the old Fish and Wildlife Service Acquisition Lands identified in paragraph and the Secretary shall, no later than 90 Headquarters site. (2)(B), all lands retained by or conveyed to days after enactment of this section, prepare (ii) The remaining subsurface estate held KNA pursuant to this section, and the sub- a legal description of the lands described in by the United States to approximately 13,651 surface interests of CIRI underlying such paragraph (2)(A)(vii). Such maps and legal acres, including portions of the Beaver Creek lands shall be automatically removed from description shall have the same force and ef- Patented Tract, the Beaver Creek Selected the National Wildlife Refuge System and fect as if included in the section, except that Tract, and portions of the Swanson River shall neither be considered as part of the the Secretary may correct clerical and typo- Road West Tract and the Swanson River Refuge nor subject to any laws pertaining graphical errors. Road East Tract, where the surface was pre- solely to lands within the boundaries of the (C) ACCEPTANCE.—KNA may accept the viously or will be conveyed to KNA pursuant Refuge. The conveyance restrictions imposed offer made in this section by notifying the to this Act but excluding the SW 1⁄4 of sec- by section 22(g) of ANCSA (i) shall then be Secretary in writing of its decision within tion 21, T.6N., R.9W, Seward Meridian, Alas- ineffective and cease to apply to such inter- 180 days of receipt of the offer. In the event ka, which will be retained by the United ests of KNA and CIRI, and (ii) shall not be the offer is rejected, the Secretary shall no- States. The conveyance of these subsurface applicable to the interests received by KNA tify the Committee on Resources of the interests will be subject to the rights of CIRI in accordance with paragraph (2)(B) or to the House of Representatives and the Committee to the coal, oil, and gas, and to all rights CIRI interests underlying them. The Sec- on Energy and Natural Resources and the CIRI, its successors, and assigns would have retary shall adjust the boundaries of the Ref- Committee on Environment and Public under paragraph 1(B) of the Terms and Con- uge so as to exclude all interests in lands re- Works of the Senate. ditions, including the right to sand and grav- tained or received in exchange by KNA in ac- (D) FINAL MAPS.—Not later than 120 days el, to construct facilities, to have rights-of- cordance with this section, including both after the conclusion of the acquisition au- way, and to otherwise develop its subsurface surface and subsurface, and shall also ex- thorized by paragraph (1), the Secretary interests. clude all interests currently held by CIRI. On shall transmit a final report and maps accu- (iii)(I) The nonexclusive right to use sand lands within the Swanson River Road East rately depicting the lands transferred and and gravel which is reasonably necessary for Tract, the boundary adjustment shall only conveyed pursuant to this section and the on-site development without compensation include the surface estate where the sub- acreage and legal descriptions of such lands or permit on those portions of the Swanson surface estate is retained by the United to the Committee on Resources of the House River Road East Tract, comprising approxi- States. of Representatives and the Committee on mately 1,738.04 acres; where the entire sub- (ii)(I) The Secretary, KNA, and CIRI shall Energy and Natural Resources and the Com- surface of the land is presently owned by the execute an agreement within 45 days of the mittee on Environment and Public Works of United States. The United States shall re- date of enactment of this section which pre- the Senate. tain the ownership of all other sand and serves CIRI’s rights under paragraph 1(B)(1) (e) ADJUSTMENTS TO NATIONAL WILDERNESS gravel located within the subsurface and of the Terms and Conditions, addresses SYSTEM.—Upon acquisition of lands by the KNA shall not sell or dispose of such sand CIRI’s obligations under such paragraph, and United States pursuant to subsection and gravel. adequately addresses management issues as- (d)(2)(A), that portion of the Stephanka (II) The right to excavate within the sub- sociated with the boundary adjustment set Tract lying south and west of the Kenai surface estate as reasonably necessary for forth in this section and with the differing River, consisting of approximately 592 acres, structures, utilities, transportation systems, interests in land resulting from enactment of shall be included in and managed as part of and other development of the surface estate. this section. the Kenai Wilderness and such lands shall be (iv) The nonexclusive right to excavate (II) In the event that no agreement is exe- managed in accordance with the applicable within the subsurface estate as reasonably cuted as provided for in subclause (I), solely provisions of the Wilderness Act and necessary for structures, utilities, transpor- for the purposes of administering CIRI’s ANILCA. tation systems, and other development of rights under paragraph 1(B)(1) of the Terms (f) DESIGNATION OF LAKE TODATONTEN SPE- the surface estate on the SW1⁄4, section 21, T. and Conditions, the Secretary and CIRI shall CIAL MANAGEMENT AREA.— 6 N., R. 9 W., Seward Meridian, Alaska, be deemed to have retained their respective (1) PURPOSE.—To balance the potential ef- where the entire subsurface of the land is rights and obligations with respect to CIRI’s fects on fish, wildlife, and habitat of the re- owned by the United States and which public subsurface interests under the requirements moval of KNA lands from the Refuge Sys- lands shall continue to be withdrawn from of the Terms and Conditions in effect on tem, the Secretary is hereby directed to mining following their removal from the June 18, 1996. Notwithstanding the boundary withdraw, subject to valid existing rights, Refuge boundary under paragraph (3)(A)(ii). adjustments made pursuant to this section, from location, entry, and patent under the The United States shall retain the ownership conveyances to KNA shall be deemed to re- mining laws and to create as a special man- of all other sand and gravel located within main subject to the Secretary’s and CIRI’s agement unit for the protection of fish, wild- the subsurface of this parcel. rights and obligations under paragraph life, and habitat, certain unappropriated and (v) The surface estate of approximately 280 1(B)(1) of the Terms and Conditions. unreserved public lands, totaling approxi- acres known as the Beaver Creek Selected (iii) The Secretary is authorized to acquire mately 37,000 acres adjacent to the west Tract. This tract shall be conveyed to KNA by purchase or exchange, on a willing seller boundary of the Kanuti National Wildlife in exchange for lands conveyed to the United basis only, any lands retained by or con- Refuge to be known as the ‘‘Lake States as described in paragraph (2)(A)(ii). veyed to KNA. In the event that any lands Todatonten Special Management Area’’, as (C) PAYMENT.—The United States shall owned by KNA are subsequently acquired by depicted on the map entitled Proposed: Lake make a total cash payment to KNA for the the United States, they shall be automati- Todatonten Special Management Area, dated above-described lands of $4,443,000, contin- cally included in the Refuge System. The June 13, 1996, and to be managed by the Bu- gent upon the appropriate approvals of the laws and regulations applicable to Refuge reau of Land Management. Federal or State of Alaska EVOS Trustees lands shall then apply to these lands and the (2) MANAGEMENT.— (or both) necessary for any expenditure of Secretary shall then adjust the boundaries (A) Such designation is subject to all valid the EVOS settlement funds. accordingly. existing rights as well as the subsistence (D) NATIONAL REGISTER OF HISTORIC (iv) Nothing in this section is intended to preferences provided under title VIII of PLACES.—Upon completion of the acquisition enlarge or diminish the authorities, rights, ANILCA. Any lands conveyed to the State of H12212 CONGRESSIONAL RECORD — HOUSE October 1, 1996 Alaska shall be removed from the Lake (B) provide support to the Rio Puerco Man- (L) the Elephant Butte Irrigation District; Todatonten Special Management Area. agement Committee to identify objectives, (M) private landowners; and (B) The Secretary may permit any addi- monitor results of ongoing projects, and de- (N) other interested citizens. tional uses of the area, or grant easements, velop alternative watershed management (3) DUTIES.—The Rio Puerco Management only to the extent that such use, including plans for the Rio Puerco Drainage Basin, Committee shall— leasing under the mineral leasing laws, is de- based on best management practices. (A) advise the Secretary of the Interior, termined to not detract from nor materially (2) RIO PUERCO MANAGEMENT REPORT.— acting through the Director of the Bureau of interfere with the purposes for which the (A) IN GENERAL.—Not later than 2 years Land Management, on the development and Special Management Area is established. after the date of enactment of this Act, the implementation of the Rio Puerco Manage- (C)(i) The BLM shall establish the Lake Secretary of the Interior, in consultation ment Program described in subsection (a); Todatonten Special Management Area Com- with the Rio Puerco Management Commit- and mittee. The membership of the Committee tee, shall prepare a report for the improve- (B) serve as a forum for information about shall consist of 11 members as follows: ment of watershed conditions in the Rio activities that may affect or further the de- (I) Two residents each from the villages of Puerco Drainage Basin described in para- velopment and implementation of the best Alatna, Allakaket, Hughes, and Tanana. graph (1)(A). management practices described in sub- (II) One representative from each of Doyon (B) CONTENTS.—The report under subpara- section (a) Corporation, the Tanana Chiefs Conference, graph (A) shall— (4) TERMINATION.—The Committee shall and the State of Alaska. (i) identify reasonable and appropriate terminate on the date that is 10 years after (ii) Members of the Committee shall serve goals and objectives for landowners and man- the date of enactment of this Act. without pay. agers in the Rio Puerco watershed; (c) REPORT.—Not later than the date that (iii) The BLM shall hold meetings of the (ii) describe potential alternative actions is 2 years after the date of enactment of this Lake Todatonten Special Management Area to meet the goals and objectives, including Act, and biennially thereafter, the Secretary Committee at least once per year to discuss proven best management practices and costs of the Interior, in consultation with the Rio management issues within Special Manage- associated with implementing the actions; Puerco Management Committee, shall trans- ment Area. The BLM shall not allow any (iii) recommend voluntary implementation mit to the Committee on Energy and Natu- new type of activity in the Special Manage- of appropriate best management practices on ral Resources of the Senate and to the Com- ment Area without first conferring with the public and private lands; mittee on Resources of the House of Rep- Committee in a timely manner. (iv) provide for cooperative development of resentatives a report containing— (3) ACCESS.—The Secretary shall allow the management guidelines for maintaining and (1) a summary of activities of the manage- following: improving the ecological, cultural, and eco- ment program under subsection (a); and (A) Private access for any purpose, includ- nomic conditions on public and private (2) proposals for joint implementation ef- ing economic development, to lands within lands; forts, including funding recommendations. the boundaries of the Special Management (v) provide for the development of public (d) LOWER RIO GRANDE HABITAT STUDY.— Area which are owned by third parties or are participation and community outreach pro- (1) IN GENERAL.—The Secretary of the Inte- held in trust by the Secretary for third par- grams that would include proposals for— rior, in cooperation with appropriate State ties pursuant to the Alaska Native Allot- (I) cooperative efforts with private land- agencies, shall conduct a study of the Rio owners to encourage implementation of best ment Act (25 U.S.C. 336). Such rights may be Grande that— management practices within the watershed; subject to restrictions issued by the BLM to (A) shall cover the distance from Caballo and protect subsistence uses of the Special Man- Lake to Sunland Park, New Mexico; and (II) Involvement of private citizens in re- agement Area. (B) may cover a greater distance. storing the watershed; (B) Existing public access across the Spe- (2) CONTENTS.—The study under paragraph (vi) provide for the development of propos- cial Management Area. Section 1110(a) of (1) shall include— als for voluntary cooperative programs ANILCA shall apply to the Special Manage- (A) a survey of the current habitat condi- among the members of the Rio Puerco Man- ment Area. tions of the river and its riparian environ- agement Committee to implement best man- (4) SECRETARIAL ORDER AND MAPS.—The ment; agement practices in a coordinated, consist- Secretary shall file with the Committee on (B) identification of the changes in vegeta- ent, and cost-effective manner; tion and habitat over the past 400 years and Resources of the House of Representatives (vii) provide for the encouragement of, and and the Committee on Energy and Natural the effect of the changes on the river and ri- support implementation of, best manage- parian area; and Resources and the Committee on Environ- ment practices on private lands; and ment and Public Works of the Senate, the (C) an assessment of the feasibility, bene- (viii) provide for the development of pro- fits, and problems associated with activities Secretarial Order and maps setting forth the posals for a monitoring system that— boundaries of the Area within 90 days of the to prevent further habitat loss and to restore (I) builds on existing data available from habitat through reintroduction or establish- completion of the acquisition authorized by private, Federal, and State sources; this section. Once established, this Order ment of appropriate native plant species. (II) provides for the coordinated collection, (3) TRANSMITTAL.—Not later than 3 years may only be amended or revoked by Act of evaluation, and interpretation of additional Congress. after the date on which funds are made avail- data as needed or collected; and able to carry out this section, the Secretary (5) AUTHORIZATION OF APPROPRIATIONS.— (III) will provide information to assess ex- There are authorized to be appropriated such of the Interior shall transmit the study isting resource and socioeconomic condi- under paragraph (1) to the Committee on En- sums as may be necessary to carry out the tions; identify priority implementation ac- purposes of this section. ergy and Natural Resources of the Senate tions; and assess the effectiveness of actions and to the Committee on Resources of the TITLE IV—RIVERS AND TRAILS taken. House of Representatives. (b) RIO PUERCO MANAGEMENT COMMITTEE.— SEC. 402. RIO PUERCO WATERSHED. (e) AUTHORIZATION OF APPROPRIATIONS.— (1) ESTABLISHMENT.—There is established There is authorized to be appropriated to (a) MANAGEMENT PROGRAM.— the Rio Puerco Management Committee (re- carry out this section a total of $7,500,000 for (1) IN GENERAL.—The Secretary of the Inte- ferred to in this section as the ‘‘Commit- the 10 fiscal years beginning after the date of rior, acting through the Director of the Bu- tee’’). enactment of this Act. reau of Land Management shall— (2) MEMBERSHIP.—The Committee shall be SEC. 403. OLD SPANISH TRAIL. (A) in consultation with the Rio Puerco convened by a representative of the Bureau Section 5(c) of the National Trails System Management Committee established by sub- of Land Management and shall include rep- Act (16 U.S.C. 1244(c)) is amended by adding section (b)— resentatives from— at the end the following new paragraph: (i) establish a clearinghouse for research (A) the Rio Puerco Watershed Committee; ‘‘( ) The Old Spanish Trail, beginning in and information on management within the (B) affected tribes and pueblos; Santa Fe, New Mexico, proceeding through area identified as the Rio Puerco Drainage (C) the National Forest Service of the De- Colorado and Utah, and ending in Los Ange- Basin, as depicted on the map entitled ‘‘the partment of Agriculture; les, California, and the Northern Branch of Rio Puerco Watershed’’ dated June 1994, in- (D) the Bureau of Reclamation; the Old Spanish Trail, beginning near cluding— (E) the United States Geological Survey; Espanola, New Mexico, proceeding through (I) current and historical natural resource (F) the Bureau of Indian Affairs; Colorado, and ending near Crescent Junc- conditions; and (G) the United States Fish and Wildlife tion, Utah.’’. (II) data concerning the extent and causes Service; SEC. 404. GREAT WESTERN SCENIC TRAIL. of watershed impairment; and (H) the Army Corps of Engineers; Section 5(c) of the National Trails System (ii) establish an inventory of best manage- (I) the Natural Resources Conservation Act (16 U.S.C. 1244(c)) is amended by adding ment practices and related monitoring ac- Service of the Department of Agriculture; at the end the following new paragraph: tivities that have been or may be imple- (J) the State of New Mexico, including the ‘‘( ) The Great Western Scenic Trail, a mented within the area identified as the Rio New Mexico Environment Department of the system of trails to accommodate a variety of Puerco Watershed Project, as depicted on the State Engineer; travel users in a corridor of approximately map entitled ‘‘the Rio Puerco Watershed’’ (K) affected local soil and water conserva- 3,100 miles in length extending from the Ari- dated June 1994; and tion districts; zona-Mexico border to the Idaho-Montana-Canada October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12213 border, following the approximate route de- regarding continued involvement of the town the recreation area, and to protect, to the picted on the map identified as ‘Great West- of Epping in the implementation of the Lam- maximum extent feasible, the scenic and ern Trail Corridor, 1988’, which shall be on prey River Management Plan and in consid- natural resources of the area, the Secretary file and available for public inspection in the eration of potential future addition of that is authorized and directed to acquire such Office of the Chief of the Forest Service, portion of the river within Epping as a com- lands or interests in lands and to take such United States Department of Agriculture. ponent of the Wild and Scenic Rivers Sys- actions as are necessary to provide access by The trail study shall be conducted by the tem. noncommercial entities on the north side of Secretary of Agriculture, in consultation SEC. 407. WEST VIRGINIA NATIONAL RIVERS the Gauley River at the area known as with the Secretary of the Interior, in accord- AMENDMENTS OF 1996. Woods Ferry utilizing existing roads and ance with subsection (b) and shall include— (a) AMENDMENTS PERTAINING TO THE NEW rights-of-way. Such actions by the Secretary ‘‘(A) the current status of land ownership RIVER GORGE NATIONAL RIVER.— shall include the construction of parking and and current and potential use along the des- (1) BOUNDARIES.—Section 1101 of the Na- related facilities in the vicinity of Woods ignated route; tional Parks and Recreation Act of 1978 (16 Ferry for noncommercial use on lands ac- ‘‘(B) the estimated cost of acquisition of U.S.C. 460m–15) is amended by striking out quired pursuant to paragraph (3) or on lands lands or interests in lands, if any; and ‘‘NERI–80,023, dated January 1987’’ and in- acquired with the consent of the owner ‘‘(C) an examination of the appropriateness serting ‘‘NERI–80,028A, dated March 1996’’. thereof within the boundaries of the recre- of motorized trial use along the trail.’’. (2) FISH AND WILDLIFE MANAGEMENT.—Sec- ation area. SEC. 405. HANFORD REACH PRESERVATION. tion 1106 of the National Parks and Recre- ‘‘(B) If necessary, in the discretion of the Section 2 of Public Law 100–605 is amended ation Act of 1978 (16 U.S.C. 460m–20) is Secretary, in order to minimize environ- as follows: amended by adding the following at the end mental impacts, including visual impacts, within portions of the recreation area imme- (1) By striking ‘‘interim’’ in the section thereof: ‘‘The Secretary shall permit the heading. State of West Virginia to undertake fish diately adjacent to the river, the Secretary (2) By striking ‘‘For a period of eight years stocking activities carried out by the State, may, by contract or otherwise, provide after’’ and inserting ‘‘After’’ in subsection in consultation with the Secretary, on wa- transportation services for noncommercial (a). ters within the boundaries of the national visitors, at reasonable cost, between such (3) By striking in subsection (b) ‘‘During river. Nothing in this Act shall be construed parking facilities and the river. the eight year interim protection period, as affecting the jurisdiction of the State of ‘‘(C) Nothing in subparagraph (A) shall af- provided by this section, all’’ and inserting West Virginia with respect to fish and wild- fect the rights of any person to continue to ‘‘All’’. life.’’. utilize, pursuant to a lease in effect on April (3) CONFORMING AMENDMENTS.—Title XI of 1, 1993, any right of way acquired pursuant to SEC. 406. LAMPREY WILD AND SCENIC RIVER. such lease which authorizes such person to (a) DESIGNATION.—Section 3(a) of the Wild the National Parks and Recreation Act of 1978 (16 U.S.C. 460m–15 and following) is use an existing road referred to in subpara- and Scenic Rivers Act (16 U.S.C. 1274(a)) is graph (A). Except as provided under para- amended by adding the following new para- amended by adding the following new section at the end thereof: graph (2) relating to access immediately graph at the end thereof: downstream of the Summersville project, ‘‘(157) LAMPREY RIVER, NEW HAMPSHIRE.— ‘‘SEC. 1117. APPLICABLE PROVISIONS OF OTHER until there is compliance with this para- The 11.5-mile segment extending from the LAW. graph the Secretary is prohibited from ac- southern Lee town line to the confluence ‘‘(a) COOPERATIVE AGREEMENTS.—The pro- quiring or developing any other river access with the Piscassic River in the vicinity of visions of section 202(e)(1) of the West Vir- points within the recreation area.’’. ginia National Interest River Conservation the Durham-Newmarket town line (herein- (d) AMENDMENTS PERTAINING TO THE Act of 1987 (16 U.S.C. 460ww–1(e)(1)) shall after in this paragraph referred to as the BLUESTONE NATIONAL SCENIC RIVER.— apply to the New River Gorge National River ‘segment’) as a recreational river. The seg- (1) BOUNDARIES.—Section 3(a)(65) of the ment shall be administered by the Secretary in the same manner and to the same extent Wild and Scenic Rivers Act (16 U.S.C. of the Interior through cooperative agree- as such provisions apply to the Gauley River 1274(a)(65)) is amended by striking out ments between the Secretary and the State National Recreation Area. ‘‘WSR–BLU/20,000, and dated January 1987’’ of New Hampshire and its relevant political ‘‘(b) REMNANT LANDS.—The provisions of and inserting ‘‘BLUE–80,005, dated May subdivisions, namely the towns of Durham, the second sentence of section 203(a) of the 1996’’. West Virginia National Interest River Con- Lee, and Newmarket, pursuant to section (2) PUBLIC ACCESS.—Section 3(a)(65) of the 10(e) of this Act. The segment shall be man- servation Act of 1987 (16 U.S.C. 460ww–2(a)) Wild and Scenic Rivers Act (16 U.S.C. aged in accordance with the Lamprey River shall apply to tracts of land partially within 1274(a)(65)) is amended by adding the follow- Management Plan dated January 10, 1995, the boundaries of the New River Gorge Na- ing at the end thereof: ‘‘In order to provide and such amendments thereto as the Sec- tional River in the same manner and to the reasonable public access and vehicle parking retary of the Interior determines are consist- same extent as such provisions apply to for public use and enjoyment of the river ent with this Act. Such plan shall be deemed tracts of land only partially within the designated by this paragraph, consistent to satisfy the requirements for a comprehen- Gauley River National Recreation Area.’’. with the preservation and enhancement of sive management plan pursuant to section (b) VISITOR CENTER.—The Secretary of the the natural and scenic values of such river, 3(d) of this Act.’’. Interior is authorized to construct a visitor the Secretary may, with the consent of the (b) MANAGEMENT.— center and such other related facilities as owner thereof, negotiate a memorandum of (1) COMMITTEE.—The Secretary of the Inte- may be deemed necessary to facilitate visi- understanding or cooperative agreement, or rior shall coordinate his management re- tor understanding and enjoyment of the New acquire not more than 10 acres of lands or in- sponsibilities under this Act with respect to River Gorge National River and the Gauley terests in such lands, or both, as may be nec- the segment designated by subsection (a) River National Recreation Area in the vicin- essary to allow public access to the with the Lamprey River Advisory Commit- ity of the confluence of the New and Gauley Bluestone River and to provide, outside the tee established pursuant to New Hampshire Rivers. Such center and related facilities are boundary of the scenic river, parking and re- RSA 483. authorized to be constructed at a site out- lated facilities in the vicinity of the area (2) LAND MANAGEMENT.—The zoning ordi- side of the boundary of the New River Gorge known as Eads Mill.’’. nances duly adopted by the towns of Dur- National River or Gauley River National SEC. 408. TECHNICAL AMENDMENT TO THE WILD ham, Lee, and Newmarket, New Hampshire, Recreation Area unless a suitable site is AND SCENIC RIVERS ACT. including provisions for conservation of available within the boundaries of either (a) NUMBERING OF PARAGRAPHS.—The un- shorelands, floodplains, and wetlands associ- unit. numbered paragraphs in section 3(a) of the ated with the segment, shall be deemed to (c) AMENDMENTS PERTAINING TO THE Wild and Scenic Rivers Act (16 U.S.C. satisfy the standards and requirements of GAULEY RIVER NATIONAL RECREATION AREA.— 1274(a)), relating to each of the following section 6(c) of the Wild and Scenic Rivers (1) TECHNICAL AMENDMENT.—Section 205(c) river segments, are each amended by num- Act, and the provisions of that section, of the West Virginia National Interest River bering such paragraphs as follows: which prohibit Federal acquisition of lands Conservation Act of 1987 (16 U.S.C. 460ww– Paragraph by condemnation, shall apply to the segment 4(c)) is amended by adding the following at River: Number designated by subsection (a). The authority the end thereof: ‘‘If project construction is East Fork of Jemez, New Mexico .... (109) of the Secretary to acquire lands for the pur- not commenced within the time required in Pecos River, New Mexico ...... (110) poses of this paragraph shall be limited to such license, or if such license is surrendered Smith River, California ...... (111) acquisition by donation or acquisition with at any time, such boundary modification Middle Fork Smith River, Califor- the consent of the owner thereof, and shall shall cease to have any force and effect.’’. nia ...... (112) North Fork Smith River, California (113) be subject to the additional criteria set forth (2) GAULEY ACCESS.—Section 202(e) of the Siskiyou Fork Smith River, Cali- in the Lamprey River Management Plan. West Virginia National Interest River Con- fornia ...... (114) (c) UPSTREAM SEGMENT.—Upon request by servation Act of 1987 (16 U.S.C. 460ww–1(e)) is South Fork Smith River, California (115) the town of Epping, which abuts an addi- amended by adding the following new para- Clarks Fork, Wyoming ...... (116) tional 12 miles of river found eligible for des- graph at the end thereof: Niobrara, Nebraska ...... (117) ignation as a recreational river, the Sec- ‘‘(4) ACCESS TO RIVER.—(A) In order to fa- Missouri River, Nebraska and retary of the Interior shall offer assistance cilitate public safety, use, and enjoyment of South Dakota ...... (118) H12214 CONGRESSIONAL RECORD — HOUSE October 1, 1996 Bear Creek, Michigan ...... (119) New River, West Virginia and SEC. 502. VANCOUVER NATIONAL HISTORIC RE- Black, Michigan ...... (120) Virginia ...... (134) SERVE. Carp, Michigan ...... (121) Rio Grande, New Mexico ...... (135) (a) ESTABLISHMENT.—There is established Indian, Michigan ...... (122) the Vancouver National Historic Reserve in SEC. 409. PROTECTION OF NORTH ST. VRAIN the State of Washington (referred to in this Manistee, Michigan ...... (123) CREEK, COLORADO. Ontonagon, Michigan ...... (124) section as the ‘‘Reserve’’), consisting of the (a) NORTH ST. VRAIN CREEK AND ADJACENT area described in the report entitled ‘‘Van- Paint, Michigan ...... (125) LANDS.—The Act of January 26, 1915, estab- Pine, Michigan ...... (126) couver National Historic Reserve Feasibility lishing Rocky Mountain National Park (38 Study and Environmental Assessment’’ pub- Presque Isle, Michigan ...... (127) Stat. 798; 16 U.S.C. 191 and following), is Sturgeon, Hiawatha National For- lished by the Vancouver Historical Study amended by adding the following new section Commission and dated April 1993 as author- est, Michigan ...... (128) at the end thereof: Sturgeon, Ottawa National Forest, ized by Public Law 101–523 (referred to in this Michigan ...... (129) ‘‘SEC. 5. NORTH ST. VRAIN CREEK AND ADJACENT section as the ‘‘Vancouver Historic Reserve LANDS. East Branch of the Tahquamenon, Report’’). (b) ADMINISTRATION.—(1) The Reserve shall Michigan ...... (130) ‘‘Neither the Secretary of the Interior nor be administered through a general manage- Whitefish, Michigan ...... (131) any other Federal agency or officer may ap- ment plan developed in accordance with this Yellow Dog, Michigan ...... (132) prove or issue any permit for, or provide any section, and approved by the Secretary of Allegheny, Pennsylvania ...... (133) assistance for, the construction of any new the Interior and the Secretary of the Army. Big Piney Creek, Arkansas ...... (134) dam, reservoir, or impoundment on any seg- ment of North St. Vrain Creek or its tribu- (2) Not later than three years after the Buffalo River, Arkansas ...... (135) date of enactment of this Act, the National Cossatot River, Arkansas ...... (136) taries within the boundaries of Rocky Moun- tain National Park or on the main stem of Park Service shall submit to the Secretaries Hurricane Creek, Arkansas ...... (137) a general management plan for the adminis- Little Missouri River, Arkansas ..... (138) North St. Vrain Creek downstream to the point at which the creek crosses the ele- tration of the Reserve. Mulberry River, Arkansas ...... (139) (3) The general management plan shall be vation 6,550 feet above mean sea level. Noth- North Sylamore Creek, Arkansas ... (140) developed by a Partnership comprised of a ing in this section shall be construed to pre- Richland Creek, Arkansas ...... (141) representative from the National Park Serv- Sespe Creek, California ...... (142) vent the issuance of any permit for the con- ice, a representative of the Historic Preser- Sisquoc River, California ...... (143) struction of a new water gaging station on vation Office of the State of Washington, a Big Sur River, California ...... (144) North St. Vrain Creek at the point of its con- representative of the Department of the Great Egg Harbor River, New Jer- fluence with Coulson Gulch.’’. Army, and a representative of the City of sey ...... (145) (b) ENCOURAGEMENT OF EXCHANGES.— Vancouver, Washington. The Maurice River, Middle Seg- (1) LANDS INSIDE ROCKY MOUNTAIN NATIONAL (4) The general management plan shall be ment ...... (146) PARK.—Promptly following enactment of this developed in accordance with the specific The Maurice River, Middle Seg- Act, the Secretary of the Interior shall seek findings and recommendations of the Van- ment ...... (147) to acquire by donation or exchange those couver Historic Reserve Report, along with The Maurice River, Upper Segment (148) lands within the boundaries of Rocky Moun- any other considerations not otherwise in The Menantico Creek, Lower Seg- tain National Park owned by the city of conflict with the Report, and shall include at ment ...... (149) Longmont, Colorado, that are referred to in a minimum a statement of purpose, an inter- The Menantico Creek, Upper Seg- section 111(d) of the Act commonly referred pretive plan, and a economic plan for Pear- ment ...... (150) to as the ‘‘Colorado Wilderness Act of 1980’’ son Field. Manumuskin River, Lower Seg- (Public Law 96-560; 94 Stat. 3272; 16 U.S.C. (5) The Reserve shall not be deemed to be ment ...... (151) 192b-9(d)). a new unit of the National Park System. Manumuskin River, Upper Segment (152) (2) OTHER LANDS.—The Secretary of Agri- (c) NO LIMITATION ON FAA AUTHORITY.— Muskee Creek, New Jersey ...... (153) culture shall immediately and actively pur- The establishment of the Reserve shall not Red River, Kentucky ...... (154) sue negotiations with the city of Longmont, limit— Rio Grande, New Mexico ...... (155) Colorado, concerning the city’s proposed ex- (1) the authority of the Federal Aviation Farmington River, Connecticut ..... (156) change of lands owned by the city and lo- Administration over air traffic control, or (b) STUDY RIVERS.—Section 5(a) of such Act cated in and near Coulson Gulch for other aviation activities at Pearson Airpark; or is amended as follows: lands owned by the United States. The Sec- (2) limit operations and airspace in the vi- (1) Paragraph (106), relating to St. Mary’s, retary shall report to Congress 2 calendar cinity of Portland International Airport. Florida, is renumbered as paragraph (108). years after the date of enactment of this (d) AUTHORIZATION OF APPROPRIATIONS.— (2) Paragraph (112), relating to White Clay Act, and every 2 years thereafter on the There are authorized to be appropriated $400,000 per year for operational costs for Creek, Delaware and Pennsylvania, is re- progress of such negotiations until negotia- each fiscal year following enactment of this numbered as paragraph (113). tions are complete. Act and $5,000,000 for development costs. (3) The unnumbered paragraphs, relating TITLE V—HISTORIC AREAS AND CIVIL to each of the following rivers, are amended SEC. 503. EXTENSION OF KALOKO-HONOKOHAU RIGHTS ADVISORY COMMISSION. by numbering such paragraphs as follows: (a) KALOKO-HONOKOHAU NATIONAL HISTORI- Paragraph SEC. 501. THE SELMA TO MONTGOMERY NA- TIONAL HISTORIC TRAIL. CAL PARK.—Notwithstanding section 505(f)(7) River: Number Section 5(a) of the National Trails System of Public Law 95–625 (16 U.S.C. 396d(f)(7)), the Mills River, North Carolina ...... (109) Na Hoa Pili O Kaloko-Honokohau, the Advi- Sudbury, Assabet, and Concord, Act (16 U.S.C. 1244(a)) is amended by adding at the end thereof the following new para- sory Commission for Kaloko-Honokohau Na- Massachusetts ...... (110) tional Historical Park, is hereby re-estab- Niobrara, Nebraska ...... (111) graph: ‘‘( ) The Selma to Montgomery National lished in accordance with section 505(f), as Lamprey, New Hampshire ...... (112) amended by paragraph (2) of this subsection. Historic Trail, consisting of 54 miles of city Brule, Michigan and Wisconsin ... (114) (b) CONFORMING AMENDMENT.—Section Carp, Michigan ...... (115) streets and United States Highway 80 from 505(f)(7) of Public Law 95–625 (16 U.S.C. Little Manistee, Michigan ...... (116) Brown Chapel A.M.E. Church in Selma to the 396d(7)), is amended by striking ‘‘this Act’’ White, Michigan ...... (117) State Capitol Building in Montgomery, Ala- and inserting in lieu thereof, ‘‘the Na Hoa Ontonagon, Michigan ...... (118) bama, traveled by voting rights advocates Pili Kaloko-Honokohau Re-establishment Paint, Michigan ...... (119) during March 1965 to dramatize the need for Act of 1996’’. voting rights legislation, as generally de- Presque Isle, Michigan ...... (120) SEC. 504. AMENDMENT TO BOSTON NATIONAL Sturgeon, Ottawa National For- scribed in the report of the Secretary of the HISTORIC PARK ACT. est, Michigan ...... (121) Interior prepared pursuant to subsection (b) Section 3(b) of the Boston National Histor- Sturgeon, Hiawatha National of this section entitled ‘‘Selma to Montgom- ical Park Act of 1974 (16 U.S.C. 410z–1(b)) is Forest, Michigan ...... (122) ery’’ and dated April 1993. Maps depicting the amended by inserting ‘‘(1)’’ before the first Tahquamenon, Michigan ...... (123) route shall be on file and available for public sentence thereof and by adding the following Whitefish, Michigan ...... (124) inspection in the Office of the National Park at the end thereof: Clarion, Pennsylvania ...... (125) Service, Department of the Interior. The ‘‘(2) The Secretary of the Interior is au- Mill Creek, Jefferson and Clarion trail shall be administered in accordance thorized to enter into a cooperative agree- Counties, Pennsylvania ...... (126) with this Act, including section 7(h). The ment with the Boston Public Library to pro- Piru Creek, California ...... (127) Secretary of the Interior, acting through the vide for the distribution of informational Little Sur River, California ...... (128) National Park Service, which shall be the and interpretive materials relating to the Matilija Creek, California ...... (129) lead Federal agency, shall cooperate with park and to the Freedom Trail.’’. Lopez Creek, California ...... (130) other Federal, State and local authorities to SEC. 505. WOMEN’S RIGHTS NATIONAL HISTORI- Sespe Creek, California ...... (131) preserve historic sites along the route, in- CAL PARK. North Fork Merced, California .... (132) cluding (but not limited to) the Edmund (a) INCLUSION OF OTHER PROPERTIES.—Sec- Delaware River, Pennsylvania Pettus Bridge and the Brown Chapel A.M.E. tion 1601(c) of Public Law 96–607 (16 U.S.C. and New Jersey ...... (133) Church.’’. 410ll) is amended to read as follows: October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12215

‘‘(c) ESTABLISHMENT.—To carry out the if the grantee agrees to match, from funds transmit the amount of the balance to the purposes of this section there is hereby es- derived from non-Federal sources, the Secretary of the Treasury for deposit in the tablished the Women’s Rights National His- amount of the grant with an amount that is account provided for in section 8(b)(1) of that torical Park (hereinafter in this section re- equal or greater than the grant. Act. ferred to as the ‘‘park’’). The park shall con- (2) The Secretary may waive paragraph (1) SEC. 509. ADVISORY COUNCIL ON HISTORIC sist of the following designated sites in Sen- with respect to a grant if the Secretary de- PRESERVATION REAUTHORIZATION. eca Falls and Waterloo, New York: termines from circumstances that an ex- (a) REAUTHORIZATION.—The last sentence of treme emergency exists or that such a waiv- ‘‘(1) Stanton House, 32 Washington Street, section 212(a) of the National Historic Pres- er is in the public interest to assure the pres- Seneca Falls; ervation Act (16 U.S.C. 470 and following) is ervation of historically significant re- ‘‘(2) dwelling, 30 Washington Street, Sen- amended to read as follows: ‘‘There are au- sources. eca Falls; thorized to be appropriated for the purposes (d) FUNDING PROVISION.—Pursuant to sec- ‘‘(3) dwelling, 34 Washington Street, Sen- of this title not to exceed $4,000,000 in each tion 108 of the National Historic Preserva- eca Falls; fiscal year 1997 through 2000.’’. ‘‘(4) lot, 26–28 Washington Street, Seneca tion Act, $29,000,000 shall be made available (b) REPORTING REQUIREMENTS.—Within 18 Falls; to carry out the purposes of this section. Of months after the date of enactment of this ‘‘(5) former Wesleyan Chapel, 126 Fall amounts made available pursuant to this Act, the Advisory Council on Historic Pres- Street, Seneca Falls; section, $5,000,000 shall be available for ervation shall submit a report to the appro- ‘‘(6) theater, 128 Fall Street, Seneca Falls; grants to Fisk University, $2,500,000 shall be priate congressional committees containing ‘‘(7) McClintock House, 16 East Williams available for grants to Knoxville College, an analysis of alternatives for modifying the Street, Waterloo; $2,000,000 shall be available for grants to regulatory process for addressing impacts of ‘‘(8) Hunt House, 401 East Williams Street, Miles College, Alabama, $1,500,000 shall be Federal actions on nationally significant Waterloo; available for grants to Talladega College, historic properties, as well as alternatives ‘‘(9) not to exceed 1 acre, plus improve- Alabama, $1,550,000 shall be available for for future promulgation and oversight of reg- ments, as determined by the Secretary, in grants to Selma University, Alabama, ulations for implementation of section 106 of Seneca Falls for development of a mainte- $250,000 shall be available for grants to the National Historic Preservation Act. nance facility; Stillman College, Alabama, $200,000 shall be ‘‘(10) dwelling, 1 Seneca Street, Seneca available for grants to Concordia College, (c) TECHNICAL AMENDMENTS.—Title II of Falls; Alabama $2,900,000 shall be available for the National Historic Preservation Act (16 ‘‘(11) dwelling, 10 Seneca Street, Seneca grants to Allen University, South Carolina, U.S.C. 470 and following) is amended as fol- Falls; $1,000,000 shall be available for grants to lows: ‘‘(12) parcels adjacent to Wesleyan Chapel Claflin College, South Carolina, $2,000,000 (1) By striking ‘‘appointed’’ in section Block, including Clinton Street, Fall Street, shall be available for grants to Voorhees Col- 201(a)(4) and inserting ‘‘designated’’. and Mynderse Street, Seneca Falls; and lege, South Carolina, $1,000,000 shall be avail- (2) By striking ‘‘and 10’’ in section 201(c) ‘‘(13) dwelling, 12 East Williams Street, able for grants to Rust College, Mississippi, and inserting ‘‘through (11)’’. Waterloo.’’. and $3,000,000 shall be available for grants to (3) By adding the following new section (b) MISCELLANEOUS AMENDMENTS.—Section Tougaloo College, Mississippi. after section 214: 1601 of Public Law 96–607 (16 U.S.C. 410ll) is (e) REGULATIONS.—The Secretary shall de- ‘‘SEC. 215. Subject to applicable conflict of amended by redesignating subsection (i) as velop such guidelines as may be necessary to interest laws, the Council may receive reim- ‘‘(i)(1)’’ and inserting at the end thereof the carry out this section. bursements from State and local agencies following new paragraph: (f) DEFINITIONS.—For the purposes of this and others pursuant to agreements executed ‘‘(2) In addition to those sums appropriated section: in furtherance of the purposes of this Act.’’. prior to the date of enactment of this para- (1) HISTORICALLY BLACK COLLEGES.—The (4) By amending subsection (g) of section graph for land acquisition and development, term ‘‘historically black colleges and univer- 205 to read as follows: there is hereby authorized to be appropriated sities’’ has the same meaning given the term ‘‘(g) Any Federal agency may provide the an additional $2,000,000.’’. ‘‘part B institution’’ by section 322 of the Council, with or without reimbursement as SEC. 506. BLACK PATRIOTS MEMORIAL EXTEN- Higher Education Act of 1965 (20 U.S.C. 1061). may be agreed upon by the Chairman and the SION. (2) HISTORIC BUILDING AND STRUCTURES.— agency, with such funds, personnel, facili- The legislative authority for the Black The term ‘‘historic building and structures’’ ties, and services under its jurisdiction and Revolutionary War Patriots Foundation to means a building or structure listed on, or control as may be needed by the Council to establish a commemorative work (as defined eligible for listing on, the National Register carry out its duties, to the extent that such by the Commemorative Works Act (40 U.S.C. of Historic Places or designated a National funds, personnel, facilities, and services are 1001 et seq.)) shall expire October 27, 1998, Historic Landmark. requested by the Council and are otherwise notwithstanding the time period limitation SEC. 508. MEMORIAL TO MARTIN LUTHER KING, available for that purpose. Any funds pro- specified in section 10(b) of that Act (40 JR. vided to the Council pursuant to this sub- U.S.C. 1010(b)). (a) IN GENERAL.—The Secretary of the In- section must be expended by the end of the SEC. 507. HISTORICALLY BLACK COLLEGES AND terior is authorized to permit the Alpha Phi fiscal year following the fiscal year in which UNIVERSITIES HISTORIC BUILDING Alpha Fraternity to establish a memorial on the funds are received by the Council. To the RESTORATION AND PRESERVATION. lands under the administrative jurisdiction extent of available appropriations, the Coun- (a) AUTHORITY TO MAKE GRANTS.—From of the Secretary in the District of Columbia cil may obtain by purchase, rental, donation, the amounts made available to carry out the or its environs to honor Martin Luther King, or otherwise, such additional property, fa- National Historic Preservation Act, the Sec- Jr., pursuant to the Commemorative Works cilities, and services as may be needed to retary of the Interior shall make grants in Act of 1986. carry out its duties and may also receive do- accordance with this section to eligible his- (b) COMPLIANCE WITH STANDARDS FOR COM- nations of moneys for such purpose, and the torically black colleges and universities for MEMORATIVE WORKS.—The establishment of Executive Director is authorized, in his dis- the preservation and restoration of historic the memorial shall be in accordance with the cretion, to accept, hold, use, expend, and ad- buildings and structures on the campus of Act entitled ‘‘An Act to provide standards minister the same for the purposes of this these institutions. for placement of commemorative works on Act.’’. (b) GRANT CONDITIONS.—Grants made under certain Federal lands in the District of Co- subsection (a) shall be subject to the condi- lumbia and its environs, and for other pur- SEC. 510. GREAT FALLS HISTORIC DISTRICT, NEW tion that the grantee covenants, for the pe- poses’’ approved November 14, 1986 (40 U.S.C. JERSEY. riod of time specified by the Secretary, 1001, et seq.). (a) PURPOSES.—The purposes of this section that— (c) PAYMENT OF EXPENSES.—The Alpha Phi are— (1) no alteration will be made in the prop- Alpha Fraternity shall be solely responsible (1) to preserve and interpret, for the edu- erty with respect to which the grant is made for acceptance of contributions for, and pay- cational and inspirational benefit of the pub- without the concurrence of the Secretary; ment of the expenses of, the establishment of lic, the contribution to our national heritage and the memorial. No Federal funds may be used of certain historic and cultural lands and (2) reasonable public access to the property to pay any expense of the establishment of edifices of the Great Falls Historic District, with respect to which the grant is made will the memorial. with emphasis on harnessing this unique be permitted by the grantee for interpretive (d) DEPOSIT OF EXCESS FUNDS.—If, upon urban environment for its educational and and educational purposes. payment of all expenses of the establishment recreational value; and (c) MATCHING REQUIREMENT FOR BUILDINGS of the memorial (including the maintenance (2) to enhance economic and cultural rede- AND STRUCTURES LISTED ON THE NATIONAL and preservation amount provided for in sec- velopment within the District. REGISTER OF HISTORIC PLACES.—(1) Except as tion 8(b) of the Act referred to in section (b) DEFINITIONS.—In this section: provided by paragraph (2), the Secretary may 4401(b)), or upon expiration of the authority (1) DISTRICT.—The term ‘‘District’’ means obligate funds made available under this sec- for the memorial under section 10(b) of that the Great Falls Historic District established tion for a grant with respect to a building or Act, there remains a balance of funds re- by subsection (c). structure listed on, or eligible for listing on, ceived for the establishment of the memo- (2) SECRETARY.—The term ‘‘Secretary’’ the National Register of Historic Places only rial, the Alpha Phi Alpha Fraternity shall means the Secretary of the Interior. H12216 CONGRESSIONAL RECORD — HOUSE October 1, 1996

(3) HISTORIC INFRASTRUCTURE.—The term under the National Historic Preservation known as the Bedford Landing Waterfront ‘‘historic infrastructure’’ means the Dis- Act to the Secretary to carry out this sec- Historic District, as listed within the Na- trict’s historic raceway system, all four sto- tion— tional Register of Historic Places and in the ries of the original Colt Gun Mill, including (1) $250,000 for grants and cooperative Massachusetts State Register of Historic belltower, and any other structure that the agreements for the development plan under Places. Secretary determines to be eligible for the subsection (d); and (ii) The National Historic Landmark National Register of Historic Places. (2) $50,000 for the provision of technical as- Schooner Ernestina, with its home port in (c) GREAT FALLS HISTORIC DISTRICT.— sistance and $3,000,000 for the provision of New Bedford. (1) ESTABLISHMENT.—There is established other assistance under cooperative agree- (iii) The land along the eastern boundary the Great Falls Historic District in the city ments under subsection (e). of the New Bedford National Historic Land- of Paterson, in Passaic County, New Jersey. SEC. 511. NEW BEDFORD NATIONAL HISTORIC mark District over to the east side of Mac- (2) BOUNDARIES.—The boundaries of the LANDMARK DISTRICT. Arthur Drive from the Route 6 overpass on District shall be the boundaries specified for (a) FINDINGS AND PURPOSES.— the north to an extension of School Street the Great Falls Historic District listed on (1) FINDINGS.—The Congress finds that— on the south. the National Register of Historic Places. (A) the New Bedford National Historic (iv) The land north of Elm Street in New (d) DEVELOPMENT PLAN.—The Secretary Landmark District and associated historic Bedford, bounded by Acushnet Avenue on the may make grants and enter into cooperative sites as described in subsection (c)(2), includ- west, Route 6 (ramps) on the north, Mac- agreements with the State of New Jersey, ing the Schooner Ernestina, are National Arthur Drive on the east, and Elm Street on local governments, and private nonprofit en- Historic Landmarks and are listed on the the south. tities under which the Secretary agrees to National Register of Historic Places as his- (B) In addition to the sites, areas and relics pay not more than 50 percent of the costs toric sites associated with the history of referred to in subparagraph (A), the Sec- of— whaling in the United States; retary may assist in the interpretation and (1) preparation of a plan for the develop- (B) the city of New Bedford was the 19th preservation of each of the following: ment of historic, architectural, natural, cul- century capital of the world’s whaling indus- (i) The southwest corner of the State Pier. tural, and interpretive resources within the try and retains significant architectural fea- (ii) Waterfront Park, immediately south of District; tures, archival materials, and museum col- land adjacent to the State Pier. (2) implementation of projects approved by lections illustrative of this period; (iii) The Rotch-Jones-Duff House and Gar- the Secretary under the development plan; (C) New Bedford’s historic resources pro- den Museum, located at 396 County Street. and vide unique opportunities for illustrating (iv) The Wharfinger Building, located on (3) a market analysis assessing the eco- and interpreting the whaling industry’s con- Piers 3 and 4. nomic development potential of the District tribution to the economic, social, and envi- (v) The Bourne Counting House, located on and recommending steps to be taken to en- ronmental history of the United States and Merrill’s Wharf. courage economic development and revital- provide opportunities for public use and en- ization in a manner consistent with the Dis- joyment; and (d) RELATED FACILITIES.—To ensure that trict’s historic character. (D) during the nineteenth century, over the contribution of Alaska Natives to the (e) RESTORATION, PRESERVATION, AND IN- two thousand whaling voyages sailed out of history of whaling in the United States is TERPRETATION OF PROPERTIES.— New Bedford to the Arctic region of Alaska, fully recognized, the Secretary shall pro- (1) COOPERATIVE AGREEMENTS.—The Sec- and joined Alaska Natives from Barrow, vide— retary may enter into cooperative agree- Alaska and other areas in the Arctic region (1) financial and other assistance to estab- ments with the State of New Jersey, local in subsistence whaling activities; and lish links between the New Bedford Whaling governments and non-profit entities owning (E) the National Park System presently National Historical Park and the North property within the District under which the contains no sites commemorating whaling Slope Borough Cultural Center, located in Secretary may— and its contribution to American history. Barrow, Alaska; and (2) to provide other appropriate assistance (A) pay not more than 50 percent of the (2) PURPOSES.—The purposes of this section cost of restoring, repairing, rehabilitating, are— and funding for the North Slope Borough and improving historic infrastructure within (A) to help preserve, protect, and interpret Cultural Center. the District; the resources within the areas described in (e) ADMINISTRATION OF PARK.— (B) provide technical assistance with re- subsection (c)(2), including architecture, set- (1) IN GENERAL.—The park shall be admin- spect to the preservation and interpretation ting, and associated archival and museum istered by the Secretary in accordance with of properties within the District; and collections; this section and the provisions of law gen- (C) mark and provide interpretation of (B) to collaborate with the city of New erally applicable to units of the National properties within the District. Bedford and with associated historical, cul- Park System, including the Act entitled ‘‘An (2) PROVISIONS.—A cooperative agreement tural, and preservation organizations to fur- Act to establish a National Park Service, under paragraph (1) shall provide that— ther the purposes of the park established and for other purposes’’, approved August 25, (A) the Secretary shall have the right of under this section; and 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and access at reasonable times to public portions (C) to provide opportunities for the inspira- the Act of August 21, 1935 (49 Stat. 666; 16 of the property for interpretive and other tional benefit and education of the American U.S.C. 461–467). purposes; people. (2) COOPERATIVE AGREEMENTS.—(A) The (B) no change or alteration may be made in (b) DEFINITIONS.—For the purposes of this Secretary may consult and enter into coop- the property except with the agreement of section— erative agreements with interested entities the property owner, the Secretary, and any (1) the term ‘‘park’’ means the New Bed- and individuals to provide for the preserva- Federal agency that may have regulatory ju- ford Whaling National Historical Park estab- tion, development, interpretation, and use of risdiction over the property; and lished by subsection (c); and the park. (C) any construction grant made under this (2) the term ‘‘Secretary’’ means the Sec- (B) Any payment made by the Secretary section shall be subject to an agreement that retary of the Interior. pursuant to a cooperative agreement under provides that conversion, use, or disposal of (c) NEW BEDFORD WHALING NATIONAL HIS- this paragraph shall be subject to an agree- the project so assisted for purposes contrary TORICAL PARK.— ment that conversion, use, or disposal of the to the purposes of this section shall result in (1) ESTABLISHMENT.—In order to preserve project so assisted for purposes contrary to a right of the United States to compensation for the benefit and inspiration of the people the purposes of this section, as determined from the beneficiary of the grant, and that of the United States as a national historical by the Secretary, shall result in a right of provides for a schedule for such compensa- park certain districts structures, and relics the United States to reimbursement of all tion based on the level of Federal investment located in New Bedford, Massachusetts, and funds made available to such project or the and the anticipated useful life of the project. associated with the history of whaling and proportion of the increased value of the (3) APPLICATIONS.— related social and economic themes in Amer- project attributable to such funds as deter- (A) IN GENERAL.—A property owner that ica, there is established the New Bedford mined at the time of such conversion, use, or desires to enter into a cooperative agree- Whaling National Historical Park. disposal, whichever is greater. ment under paragraph (1) shall submit to the (2) BOUNDARIES.—(A) The boundaries of the (3) NON-FEDERAL MATCHING REQUIRE- Secretary an application describing how the park shall be those generally depicted on the MENTS.—(A) Funds authorized to be appro- project proposed to be funded will further map numbered NAR–P49–80000–4 and dated priated to the Secretary for the purposes of— the purposes of the District. June 1994. Such map shall be on file and (i) cooperative agreements under para- (B) CONSIDERATION.—In making such funds available for public inspection in the appro- graph (2) shall be expended in the ratio of available under this subsection, the Sec- priate offices of the National Park Service. one dollar of Federal funds for each four dol- retary shall give consideration to projects In case of any conflict between the descrip- lars of funds contributed by non-Federal that provide a greater leverage of Federal tions set forth in clauses (i) through (iv) and sources; and funds. such map, such map shall govern. The park (ii) construction, restoration, and rehabili- (f) AUTHORIZATION OF APPROPRIATIONS.— shall include the following: tation of visitor and interpretive facilities There are authorized to be appropriated from (i) The area included within the New Bed- (other than annual operation and mainte- the Historic Preservation Fund authorized ford National Historic Landmark District, nance costs) shall be expended in the ratio of October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12217

one dollar of Federal funds for each one dol- (1) HISTORIC SITE.—The term ‘‘historic quired pursuant to paragraph (1) may only be lar of funds contributed by non-Federal site’’ means the Nicodemus National His- acquired by donation. sources. toric Site established by subsection (c). (B) CONSENT OF OWNER REQUIRED.—No real (B) For the purposes of this paragraph, the (2) SECRETARY.—The term ‘‘Secretary’’ property may be acquired under this sub- Secretary is authorized to accept from non- means the Secretary of the Interior. section without the consent of the owner of Federal sources, and to utilize for purposes (c) ESTABLISHMENT OF NICODEMUS NATIONAL the real property. of this section, any money so contributed. HISTORIC SITE.— (f) GENERAL MANAGEMENT PLAN.— With the approval of the Secretary, any do- (1) ESTABLISHMENT.—There is established (1) IN GENERAL.—Not Later than the last nation of property, services, or goods from a the Nicodemus National Historic Site in day of the third full fiscal year beginning non-Federal source may be considered as a Nicodemus, Kansas. after the date of enactment of this Act, the contribution of funds from a non-Federal (2) DESCRIPTION.— Secretary shall, in consultation with the of- source for the purposes of this paragraph. (A) IN GENERAL.—The historic site shall ficials described in paragraph (2), prepare a (4) ACQUISITION OF REAL PROPERTY.—For consist of the First Baptist Church, the St. general management plan for the historic the purposes of the park, the Secretary may Francis Hotel, the Nicodemus School Dis- site. acquire only by donation such lands, inter- trict Number 1, the African Methodist Epis- (2) CONSULTATION.—In preparing the gen- ests in lands, and improvements thereon copal Church, and the Township Hall located eral management plan, the Secretary shall within the park as are needed for essential within the approximately 161.35 acres des- consult with an appropriate official of each visitor contact and interpretive facilities. ignated as the Nicodemus National Land- of the following: mark in the Township of Nicodemus, Gra- (5) OTHER PROPERTY, FUNDS, AND SERV- (A) The Nicodemus Historical Society. ham County, Kansas, as registered on the ICES.—The Secretary may accept donated (B) The Kansas Historical Society. National Register of Historic Places pursu- funds, property, and services to carry out (C) Appropriate political subdivisions of ant to section 101 of the National Historic this section. the State of Kansas that have jurisdiction Preservation Act (16 U.S.C. 470a), and de- over all or a portion of the historic site. (e) GENERAL MANAGEMENT PLAN.—Not later picted on a map entitled ‘‘Nicodemus Na- (3) SUBMISSION OF PLAN TO CONGRESS.— than the end of the second fiscal year begin- tional Historic Site’’, numbered 80,000 and Upon the completion of the general manage- ning after the date of enactment of this Act, dated August 1994. the Secretary shall submit to the Committee ment plan, the Secretary shall submit a copy (B) MAP AND BOUNDARY DESCRIPTION.—The of the plan to the Committee on Energy and on Resources of the House of Representatives map referred to in subparagraph (A) and an Natural Resources of the Senate and the and the Committee on Energy and Natural accompanying boundary description shall be Committee on Resources of the House of Resources of the Senate a general manage- on file and available for public inspection in ment plan for the park and shall implement the office of the Director of the National Representatives. such plan as soon as practically possible. The Park Service and any other office of the Na- (g) AUTHORIZATION OF APPROPRIATIONS.— plan shall be prepared in accordance with tional Park Service that the Secretary de- There are authorized to be appropriated to section 12(b) of the Act of August 18, 1970 (16 termines to be an appropriate location for the Department of the Interior such sums as U.S.C. 1a–7(b)) and other applicable law. filing the map and boundary description. are necessary to carry out this section. (f) AUTHORIZATION OF APPROPRIATIONS.— (d) ADMINISTRATION OF THE HISTORIC SEC. 513. UNALASKA. (1) IN GENERAL.—Except as provided in SITE.— (a) SHORT TITLE.—This section may be paragraph (2), there are authorized to be ap- (1) IN GENERAL.—The Secretary shall ad- cited as the ‘‘Aleutian World War II National propriated such sums as may be necessary to minister the historic site in accordance with Historic Areas Act of 1996’’. carry out annual operations and mainte- this section and the provisions of law gen- (b) PURPOSE.—The purpose of this section nance with respect to the park and to carry erally applicable to units of the National is to designate and preserve the Aleutian out the activities under section 3(D). Park System, including the Act entitled ‘‘An World War II National Historic Area within (2) EXCEPTIONS.—In carrying out this sec- Act to establish a National Park Service, lands owned by the Ounalaska Corporation tion— and for other purposes’’, approved August 25, on the island of Amaknak, Alaska and to (A) not more than $2,000,000 may be appro- 1916 (16 U.S.C. 1 et seq.), and the Act of Au- provide for the interpretation, for the edu- priated for construction, restoration, and re- gust 21, 1935 (49 Stat. 666, Chapter 593; 16 cational and inspirational benefit of present habilitation of visitor and interpretive facili- U.S.C. 461 et seq.). and future generations, of the unique and ties, and directional and visitor orientation (2) COOPERATIVE AGREEMENTS.—To further significant circumstances involving the his- signage; the purposes of this section, the Secretary tory of the Aleut people, and the role of the (B) none of the funds authorized to be ap- may enter into a cooperative agreement with Aleut people and the Aleutian Islands in the propriated by this section may be used for any interested individual, public or private defense of the United States in World War II. the operation or maintenance of the Schoo- agency, organization, or institution. (c) BOUNDARIES.—The Aleutian World War ner Ernestina; and (3) TECHNICAL AND PRESERVATION ASSIST- II National Historic Area shall be comprised (C) not more than $50,000 annually of Fed- ANCE.— of areas on Amaknak Island depicted on the eral funds may be used for interpretive and (A) IN GENERAL.—The Secretary may pro- map entitled ‘‘Aleutian World War II Na- educational programs for the Schooner vide to any eligible person described in sub- tional Historic Area’’. Ernestina pursuant to cooperative grants paragraph (B) technical assistance for the (d) TERMS AND CONDITIONS.—Nothing in under subsection (d)(2). preservation of historic structures of, the this section shall— maintenance of the cultural landscape of, SEC. 512. NICODEMUS NATIONAL HISTORIC SITE. (1) authorize the conveyance of lands be- and local preservation planning for, the his- tween the Ounalaska Corporation and the (a) FINDINGS AND PURPOSES.— toric site. United States Department of the Interior, (1) FINDINGS.—Congress finds that— (B) ELIGIBLE PERSONS.—The eligible per- nor remove land or structures appurtenant (A) the Town of Nicodemus, in Kansas, has sons described in this subparagraph are— to the land from the exclusive control of the national significance as the only remaining (i) an owner of real property within the Ounalaska Corporation; or western town established by African-Ameri- boundary of the historic site, as described in (2) provide authority for the Department of cans during the Reconstruction period fol- subsection (c)(2); and the Interior to assume the duties associated lowing the Civil War; (ii) any interested individual, agency, or- with the daily operation of the historic area (B) the town of Nicodemus is symbolic of ganization, or institution that has entered or any of its facilities or structures. the pioneer spirit of African-Americans who into an agreement with the Secretary pursu- dared to leave the only region they had been ant to paragraph (2). (e) TECHNICAL ASSISTANCE.—The Secretary familiar with to seek personal freedom and (e) ACQUISITION OF REAL PROPERTY.— of the Interior may award grants and provide the opportunity to develop their talents and (1) IN GENERAL.—Subject to paragraph (2), technical assistance to the Ounalaska Cor- capabilities; and the Secretary is authorized to acquire by do- poration and the City of Unalaska to assist (C) the town of Nicodemus continues to be nation, exchange, or purchase with funds with the planning, development, and historic a valuable African-American community. made available by donation or appropriation, preservation from any program funds au- (2) PURPOSES.—The purposes of this section such lands or interests in lands as may be thorized by law for technical assistance, land are— necessary to allow for the interpretation, use planning or historic preservation. (A) to preserve, protect, and interpret for preservation, or restoration of the First Bap- SEC. 514. JAPANESE AMERICAN PATRIOTISM ME- the benefit and enjoyment of present and fu- tist Church, the St. Francis Hotel, the MORIAL. ture generations, the remaining structures Nicodemus School District Number 1, the Af- (a) PURPOSE.—It is the purpose of this sec- and locations that represent the history (in- rican Methodist Episcopal Church, or the tion— cluding the settlement and growth) of the Township Hall, as described in subsection (1) to assist in the effort to timely estab- town of Nicodemus, Kansas; and (c)(2)(A), or any combination thereof. lish within the District of Columbia a na- (B) to interpret the historical role of the (2) LIMITATIONS.— tional memorial to Japanese American pa- town of Nicodemus in the Reconstruction pe- (A) ACQUISITION OF PROPERTY OWNED BY THE triotism in World War II; and riod in the context of the experience of west- STATE OF KANSAS.—Real property that is (2) to improve management of certain par- ward expansion in the United States. owned by the State of Kansas or a political cels of Federal real property located within (b) DEFINITIONS.—In this section: subdivision of the State of Kansas that is ac- the District of Columbia, H12218 CONGRESSIONAL RECORD — HOUSE October 1, 1996

by transferring jurisdiction over such parcels (C) TRANSFERS TO DISTRICT OF COLUMBIA.— North half south half of lot 1 of southwest to the Architect of the Capitol, the Sec- Jurisdiction over the following parcels is quarter, north half south half of lot 2 of retary of the Interior, and the Government transferred to the Government of the Dis- southwest quarter, north half south half of the District of Columbia. trict of Columbia: southeast quarter. (b) TRANSFERS OF JURISDICTION.— (i) That portion of New Jersey Avenue, Township 4 South, Range 33 East N.W., between the northernmost point of the (1) IN GENERAL.—Effective on the date of Section 31: intersection of New Jersey Avenue, N.W., the enactment of this Act and notwithstand- Lot 1 of southwest quarter, northwest and D Street, N.W., and the northernmost ing any other provision of law, jurisdiction quarter northeast quarter, southeast quar- point of the intersection of New Jersey Ave- over the parcels of Federal real property de- ter; nue, N.W., and Louisiana Avenue, N.W., be- scribed in paragraph (2) is transferred with- Section 32: tween squares 631 and W632, which remains out additional consideration as provided by Southeast quarter northwest quarter, Federal property. paragraph (2). northeast quarter southwest quarter, south- (ii) That portion of D Street, N.W., be- (2) SPECIFIC TRANSFERS.— west quarter southeast quarter. tween its intersection with New Jersey Ave- (A) TRANSFERS TO SECRETARY OF THE INTE- nue, N.W., and its intersection with Louisi- Township 5 South, Range 33 East RIOR.— ana Avenue, N.W., between Squares 630 and Section 4: (i) IN GENERAL.—Jurisdiction over the fol- West half of lot 1 of northwest quarter, lowing parcels is transferred to the Sec- W632, which remains Federal property. (c) MISCELLANEOUS.— west half of lot 2 of northwest quarter. retary of the Interior: (1) COMPLIANCE WITH OTHER LAWS.—Compli- Section 5: (I) That triangle of Federal land, including ance with this section shall be deemed to East half of lot 1 of northeast quarter, east any contiguous sidewalks and tree space, satisfy the requirements of all laws other- half of lot 2 of northeast quarter. that is part of the United States Capitol wise applicable to transfers of jurisdiction Section 9: Grounds under the jurisdiction of the Archi- over parcels of Federal real property. Northwest quarter southwest quarter tect of the Capitol bound by D Street, N.W., (2) LAW ENFORCEMENT RESPONSIBILITY.— northeast quarter. New Jersey Avenue, N.W., and Louisiana Av- Law enforcement responsibility for the par- Section 17: enue, N.W., in Square W632 in the District of cels of Federal real property for which juris- Southeast quarter northwest quarter, Columbia, as shown on the Map Showing diction is transferred by subsection (b) shall northwest quarter southeast quarter. Properties Under Jurisdiction of the Archi- be assumed by the person acquiring such ju- Section 22: tect of the Capitol, dated November 8, 1994. risdiction. Lot 1 and 2. (II) That triangle of Federal land, includ- (3) UNITED STATES CAPITOL GROUNDS.— Section 27: ing any contiguous sidewalks and tree space, (A) DEFINITION.—The first section of the Lot 2, west half northeast quarter, south- that is part of the United States Capitol Act entitled ‘‘An Act to define the United east quarter northwest quarter, northeast Grounds under the jurisdiction of the Archi- States Capitol Grounds, to regulate the use quarter southwest quarter, northwest quar- tect of the Capitol bound by C Street, N.W., thereof, and for other purposes’’, approved ter southeast quarter. First Street, N.W., and Louisiana Avenue, July 31, 1946 (40 U.S.C. 193a), is amended to Section 34: N.W., in the District of Columbia, as shown include within the definition of the United Northeast quarter, northwest quarter, on the Map Showing Properties Under Juris- States Capitol Grounds the parcels of Fed- southeast quarter. diction of the Architect of the Capitol, dated eral real property described in subsection Township 6 South, Range 31 East November 8, 1994. (b)(2)(B). (ii) LIMITATION.—The parcels transferred Section 19: (B) JURISDICTION OF CAPITOL POLICE.—The by clause (i) shall not include those contig- East half northeast quarter southeast United States Capitol Police shall have ju- uous sidewalks abutting Louisiana Avenue, quarter. risdiction over the parcels of Federal real N.W., which shall remain part of the United Township 6 South, Range 33 East property described in subsection (b)(2)(B) in States Capitol Grounds under the jurisdic- accordance with section 9 of such Act of July Section 10: tion of the Architect of the Capitol. 31, 1946 (40 U.S.C. 212a). East half southeast quarter. (iii) CONSIDERATION AS MEMORIAL SITE.— Section 11: (4) EFFECT OF TRANSFERS.—A person relin- The parcels transferred by sibclause (I) of quishing jurisdiction over a parcel of Federal Lot 1 and 2, west half northeast quarter, clause (i) may be considered as a site for a real property transferred by subsection (b) northwest quarter, west half southwest quar- national memorial to Japanese American pa- shall not retain any interest in the parcel ex- ter, northeast quarter southwest quarter. triotism in World War II. Section 14: cept as specifically provided by this section. (B) TRANSFERS TO ARCHITECT OF THE CAP- Lots 1 through 4, west half northeast quar- SEC. 515. MANZANAR NATIONAL HISTORIC SITE. ITOL.—Jurisdiction over the following par- ter, southeast quarter northwest quarter, (a) TERMINATION OF WITHDRAWALS.— cels is transferred to the Architect of the northeast quarter southwest quarter, north- (1) UNAVAILABILITY OF CERTAIN LANDS.—The Capitol: west quarter southeast quarter. Congress, by enacting the Act entitled ‘‘An (i) That portion of the triangle of Federal Act to establish the Manzanar National His- Township 7 South, Range 32 East land in Reservation No. 204 in the District of toric Site in the State of California, and for Section 23: Columbia under the jurisdiction of the Sec- other purposes’’, approved March 3, 1992 (106 South half southwest quarter. retary of the Interior, including any contig- Stat. 40; Public Law 102–248), (1) provided for Section 25: uous sidewalks, bound by Constitution Ave- the protection and interpretation of the his- Lot 2, northeast quarter northwest quar- nue, N.E., on the north, the branch of Mary- torical, cultural, and natural resources asso- ter. land Avenue, N.E., running in a northeast di- ciated with the relocation of Japanese-Amer- rection on the west, the major portion of Township 7 South, Range 33 East icans during World War II and established Maryland Avenue, N.E., on the south, and Section 30: the Manzanar National Historic Site in the 2nd Street, N.E., on the east, including the South half of lot 2 of northwest quarter, State of California, and (2) authorized the contiguous sidewalks. lot 1 and 2 of southwest quarter. Secretary of the Interior to acquire lands or (ii) That irregular area of Federal land in Section 31: interests therein within the boundary of the Reservation No. 204 in the District of Colum- North half of lot 2 of northwest quarter, Historic Site by donation, purchase with do- bia under the jurisdiction of the Secretary of southeast quarter northeast quarter, north- nated or appropriated funds, or by exchange. the Interior, including any contiguous side- east quarter southeast quarter. The public lands identified for disposal in walks, northeast of the real property de- Township 8 South, Range 33 East the Bureau of Land Management’s Bishop scribed in clause (i) bound by Constitution Resource Area Resource Management Plan Section 5: Avenue, N.E., on the north, the branch of that could be made available for exchange in Northwest quarter southwest quarter. Maryland Avenue, N.E., running to the support of acquiring lands within the bound- Township 13 South, Range 34 East northeast on the south, and the private prop- ary of the Historic Site are currently un- erty on the west known as lot 7 in square 726. Section 1: available for this purpose because they are (iii) The two irregularly shaped medians Lots 43, 46, and 49 thru 51. withdrawn by an Act of Congress. lying north and east of the property de- Section 2: (2) TERMINATION OF WITHDRAWAL.—To pro- scribed in clause (i), located between the North half northwest quarter southeast vide a land base with which to allow land ex- north and south curbs of Constitution Ave- quarter southeast quarter. changes in support of acquiring lands within nue, N.E., west of its intersection with Sec- Township 11 South, Range 35 East the boundary of the Manzanar National His- ond Street, N.E., all as shown in Land Section 30: toric Site, the withdrawal of the following Record No. 268, dated November 22, 1957, in Lots 1 and 2, east half northwest quarter, described lands is terminated and such lands the Office of the Surveyor, District of Co- east half southwest quarter, and west half shall not be subject to the Act of March 4, lumbia, in Book 138, Page 58. southwest quarter southeast quarter. 1931 (chap. 517; 46 Stat. 1530): (iv) All sidewalks under the jurisdiction of Section 31: the District of Columbia abutting on and MOUNT DIABLO MERIDIAN Lot 8, west half west half northeast quar- contiguous to the land described in clauses Township 2 North, Range 26 East ter, east half northwest quarter, and west (i), (ii), and (iii). Section 7: half southeast quarter. October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12219 Township 13, South, Range 35 East the center referred to in subsection (b) shall regions that are undergoing rapid urban or Section 18: be deemed to be a reference to the ‘‘United suburban development; and South half of lot 2 of northwest quarter, States Civil War Center’’. (3) it is important, for the benefit of the lot 1 and 2 of southwest quarter, southwest (c) FLAGSHIP INSTITUTIONS.—The center United States, to obtain current information quarter northeast quarter, northwest quarter and the Civil War Institute of Gettysburg on the significance of, threats to the integ- southeast quarter. College, located at 233 North Washington rity of, and alternatives for the preservation Section 29: Street in Gettysburg, Pennsylvania, shall be and interpretation of Revolutionary War Southeast quarter northeast quarter, the flagship institutions for planning the sites and War of 1812 sites. northeast quarter southeast quarter. sesquicentennial commemoration of the (c) DEFINITIONS.—In this section: Civil War. Township 13 South, Range 36 East (1) DIRECTOR.—The term ‘‘Director’’ means SEC. 602. CORINTH, MISSISSIPPI, BATTLEFIELD the Director of the National Park Service. Section 17: ACT. (2) REVOLUTIONARY WAR SITE.—The term Southwest quarter northwest quarter, (a) PURPOSE.—The purpose of this section ‘‘Revolutionary War site’’ means a site or southwest quarter. is to provide for a center for the interpreta- structure situated in the United States that Section 18: tion of the Siege and Battle of Corinth and is thematically tied with the nationally sig- South half of lot 1 of northwest quarter, other Civil War actions in the Region and to nificant events that occurred during the lot 1 of southwest quarter, northeast quar- enhance public understanding of the signifi- Revolutionary War. ter, southeast quarter. cance of the Corinth Campaign in the Civil (3) SECRETARY.—The term ‘‘Secretary’’ Section 19: War relative to the Western theater of oper- means the Secretary of the Interior. North half of lot 1 of northwest quarter, ations, in cooperation with State or local (4) WAR OF 1812 SITE.—The term ‘‘War of east half northeast quarter, northwest quar- governmental entities and private organiza- 1812 site’’ means a site or structure situated ter northeast quarter. tions and individuals. in the United States that is thematically Section 20: (b) ACQUISITION OF PROPERTY AT CORINTH, tied with the nationally significant events Southwest quarter northeast quarter, MISSISSIPPI.—The Secretary of the Interior that occurred during the War of 1812. northwest quarter, northeast quarter south- (referred to in this title as the ‘‘Secretary’’) (d) STUDY.— west quarter, southeast quarter. shall acquire by donation, purchase with do- Section 28: (1) PREPARATION.—The Secretary, acting nated or appropriated funds, or exchange, through the Director, shall prepare a study Southwest quarter southwest quarter. such land and interests in land in the vicin- Section 29: of Revolutionary War sites and War of 1812 ity of the Corinth Battlefield, in the State of sites. East half northeast quarter. Mississippi, as the Secretary determines to Section 33: (2) MATTERS TO BE ADDRESSED.—The study be necessary for the construction of an inter- under subsection (b) shall— Northwest quarter northwest quarter, pretive center to commemorate and inter- southeast quarter northwest quarter. (A) identify Revolutionary War sites and pret the 1862 Civil War Siege and Battle of War of 1812 sites, including sites within units Township 14 South, Range 36 East Corinth. of the National Park System in existence on Section 31: (c) PUBLICLY OWNED LAND.—Land and in- the date of enactment of this Act; Lot 1 and 2 of southwest quarter, south- terests in land owned by the State of Mis- (B) determine the relative significance of west quarter southeast quarter. sissippi or a political subdivision of the the sites; aggregating 5,630 acres, more or less. State of Mississippi may be acquired only by (C) assess short- and long-term threats to (b) AVAILABILITY OF LANDS.—Upon enact- donation. the integrity of the sites; (d) INTERPRETIVE CENTER AND MARKING.— ment of this Act, the lands specified in sub- (D) provide alternatives for the preserva- (1) INTERPRETIVE CENTER.— The Secretary section (a) shall be open to operation of the tion and interpretation of the sites by Fed- shall construct, operate, and maintain on public land laws, including the mining and eral, State, and local governments, or other the property acquired under subsection (b) a mineral leasing laws, only after the Sec- public or private entities, including designa- center for the interpretation of the Siege and retary of the Interior has published a notice tion of the sites as units of the National Battle of Corinth and associated historical in the Federal Register opening such lands. Park System; and events for the benefit of the public. (c) ADDITIONAL AREA.—Section 101 of Pub- (E) research and propose land preservation (2) MARKING.—The Secretary may mark lic Law 102–248 is amended by inserting in techniques. sites associated with the Siege and Battle of subsection (b) after the second sentence (3) CONSULTATION.—During the preparation Corinth National Historic Landmark, as des- ‘‘The site shall also include an additional of the study under paragraph (1), the Direc- ignated on May 6, 1991, if the sites are deter- area of approximately 300 acres as demar- tor shall consult with— mined by the Secretary to be protected by cated as the new proposed boundaries in the (A) the Governor of each affected States; State or local governmental agencies. map dated March 8, 1996, entitled ‘Manzanar (B) each affected unit of local government; (3) ADMINISTRATION.—The land and inter- National Historic Site Archaeological Base (C) State and local historic preservation ests in land acquired, and the facilities con- Map’.’’ organizations; structed and maintained pursuant to this SEC. 516. RECOGNITION AND DESIGNATION OF (D) scholarly organizations; and section, shall be administered by the Sec- THE AIDS MEMORIAL GROVE AS NA- (E) such other interested parties as the retary as a part of Shiloh National Military TIONAL MEMORIAL. Secretary considers advisable. Park, subject to the appropriate laws (in- (a) RECOGNITION OF SIGNIFICANCE OF THE (4) TRANSMITTAL TO CONGRESS.—Not later cluding regulations) applicable to the Park, AIDS MEMORIAL GROVE.—The Congress here- than 2 years after the date on which funds the Act entitled ‘‘An Act to establish a Na- by recognizes the significance of the AIDS are made available to carry out the study tional Park Service, and for other purposes’’, Memorial Grove, located in Golden Gate under paragraph (1), the Director shall trans- approved August 25, 1916 (16 U.S.C. 1 et seq.), Park in San Francisco, California, as a me- mit a report describing the results of the and the Act entitled ‘‘An Act to provide for morial— study to the Committee on Resources of the the preservation of historic American sites, (1) dedicated to individuals who have died House of Representatives and the Committee buildings, objects, and antiquities of na- as a result of acquired immune deficiency on Energy and Natural Resources of the tional significance, and for other purposes’’, syndrome; and State. approved August 21, 1935 (16 U.S.C. 461 et (2) in support of individuals who are living (5) REPORT.—If the Director submits a re- seq.). with acquired immune deficiency syndrome port on the study to the Director of the Of- (e) AUTHORIZATION OF APPROPRIATIONS.— and their loved ones and caregivers. fice of Management and Budget, the Sec- There are authorized to be appropriated (b) DESIGNATION AS NATIONAL MEMORIAL.— retary shall concurrently transmit copies of $6,000,000 for development to carry out this Not later than 90 days after the date of en- the report to the Committee on Resources of section. actment of this Act, the Secretary of the In- the House of Representatives and the Com- terior shall designate the AIDS Memorial SEC. 604. REVOLUTIONARY WAR AND WAR OF mittee on Energy and Natural Resources of Grove as a national memorial. 1812 HISTORIC PRESERVATION STUDY. the Senate. TITLE VI—CIVIL AND REVOLUTIONARY (a) SHORT TITLE.—This section may be (e) AUTHORIZATION OF APPROPRIATIONS.— WAR SITES cited as the ‘‘Revolutionary War and War of There are authorized to be appropriated to SEC. 601. UNITED STATES CIVIL WAR CENTER. 1812 Historic Preservation Study Act of carry out this section $750,000, to remain (a) DESIGNATION.—The Civil War Center, lo- 1996’’. available until expended. cated on Raphael Semmes Drive at Louisi- (b) FINDINGS.—The Congress finds that— SEC. 605. AMERICAN BATTLEFIELD PROTECTION ana State University in Baton Rouge, Lou- (1) Revolutionary War sites and War of 1812 PROGRAM. isiana (hereinafter in this section referred to sites provide a means for Americans to un- (a) SHORT TITLE.—This section may be as the ‘‘center’’) shall be known and des- derstand and interpret the periods in Amer- cited as the ‘‘American Battlefield Protec- ignated as the ‘‘United States Civil War Cen- ican history during which the Revolutionary tion Act of 1996’’. ter’’. War and War of 1812 were fought; (b) PURPOSE.—The purpose of this section (b) LEGAL REFERENCES.—Any reference in (2) the historical integrity of many Revolu- is to assist citizens, public and private insti- any law, regulation, paper, record, map, or tionary War sites and War of 1812 sites is at tutions, and governments at all levels in any other document of the United States to risk because many of the sites are located in planning, interpreting, and protecting sites H12220 CONGRESSIONAL RECORD — HOUSE October 1, 1996 where historic battles were fought on Amer- enhancement and management of the Civil toric resources of the District consistent ican soil during the armed conflicts that War battlefields and related sites in the with the purposes of this section; shaped the growth and development of the Shenandoah Valley. (C) provisions for the establishment of a United States, in order that present and fu- (c) STATEMENT OF PURPOSE.—The purposes management entity which shall be a unit of ture generations may learn and gain inspira- of this section are to— government or a private nonprofit organiza- tion from the ground where Americans made (1) preserve, conserve, and interpret the tion that administers and manages the Dis- their ultimate sacrifice. legacy of the Civil War in the Shenandoah trict consistent with the plan, and possesses (c) PRESERVATION ASSISTANCE.— Valley; the legal ability to— (1) IN GENERAL.—Using the established na- (2) recognize and interpret important (i) receive Federal funds and funds from tional historic preservation program to the events and geographic locations representing other units of government or other organiza- extent practicable, the Secretary of the Inte- key Civil War battles in the Shenandoah tions for use in preparing and implementing rior, acting through the American Battle- Valley, including those battlefields associ- the management plan; field Protection Program, shall encourage, ated with the Thomas J. (Stonewall) Jack- (ii) disburse Federal funds to other units of support, assist, recognize, and work in part- son campaign of 1862 and the decisive cam- government or other nonprofit organizations nership with citizens, Federal, State, local, paigns of 1864; and tribal governments, other public enti- (3) recognize and interpret the effect of the for use in preparing and implementing the ties, educational institutions, and private Civil War on the civilian population of the plan; nonprofit organizations in identifying, re- Shenandoah Valley during the war and post- (iii) enter into agreements with the Fed- searching, evaluating, interpreting, and pro- war reconstruction period; and eral, State, or other units of government and tecting historic battlefields and associated (4) create partnerships among Federal, nonprofit organizations; sites on a National, State, and local level. State, and local governments, the regional (iv) acquire lands or interests therein by (2) FINANCIAL ASSISTANCE.—To carry out entities of such governments, and the pri- gift or devise, or by purchase from a willing paragraph (1), the Secretary may use a coop- vate sector to preserve, conserve, enhance, seller using donated or appropriated funds, erative agreement, grant, contract, or other and interpret the nationally significant bat- or by donation and no lands or interests generally adopted means of providing finan- tlefields and related sites associated with the therein may be acquired by condemnation; cial assistance. Civil War in the Shenandoah Valley. and (d) AUTHORIZATION OF APPROPRIATIONS.— (d) DEFINITIONS.—As used in this section: (v) make such reasonable and necessary There are authorized to be appropriated (1) The term ‘‘District’’ means the Shen- modifications to the plan which shall be ap- $3,000,000 annually to carry out this section, andoah Valley Battlefields National Historic proved by the Secretary; to remain available until expended. District established by section 5. (D) recommendations to the Common- (e) REPEAL.— (2) The term ‘‘Commission’’ means the wealth of Virginia (and political subdivisions (1) IN GENERAL.—This section is repealed as Shenandoah Valley Battlefields National thereof) for the management, protection, and of the date that is 10 years after the date of Historic District Commission established by interpretation of the natural, cultural, and enactment of this section. section 9. historical resources of the District; O EFFECT ON GENERAL AUTHORITY.—The (2) N (3) The term ‘‘plan’’ means the Shenandoah (E) identification of appropriate partner- Secretary may continue to conduct battle- Valley Battlefields National Historic Dis- ships between the Federal, State, and local field studies in accordance with other au- trict Commission plan approved by the Sec- governments and regional entities, and the thorities available to the Secretary. retary under section 6. private sector, in furtherance of the purposes (3) UNOBLIGATED FUNDS.—Any funds made (4) The term ‘‘management entity’’ means available under this section that remain un- of this section; a unit of government or nonprofit organiza- (F) locations for visitor contact and major obligated shall be credited to the general tion designated by the plan to manage and interpretive facilities; fund of the Treasury. administer the District. (G) provisions for implementing a continu- SEC. 606. CHICKAMAUGA AND CHATTANOOGA NA- (5) The term ‘‘Secretary’’ means the Sec- ing program of interpretation and visitor TIONAL MILITARY PARKS. retary of the Interior. Section 1(c) of the Act entitled ‘‘An Act to (6) The term ‘‘Shenandoah Valley’’ means education concerning the resources and val- authorize and direct the National Park Serv- the Shenandoah Valley in the Common- ues of the District; ice to assist the State of Georgia in relocat- wealth of Virginia. (H) provisions for a uniform historical ing a highway affecting the Chickamauga (e) SHENANDOAH VALLEY BATTLEFIELDS NA- marker and wayside exhibit program in the and Chattanooga National Military Park in TIONAL HISTORIC DISTRICT.— District, including a provision for marking, Georgia’’, approved December 24, 1987 (101 (1) ESTABLISHMENT.—To carry out the pur- with the consent of the owner, historic Stat. 1442), is amended by striking poses of this section, there is hereby estab- structures and properties that are contained ‘‘$30,000,000’’ and inserting ‘‘$51,900,000’’. lished the Shenandoah Valley Battlefields within the historic core areas and contribute SEC. 607. SHENANDOAH VALLEY BATTLEFIELDS. National Historic District in the Common- to the understanding of the District; (a) SHORT TITLE.—This section may be wealth of Virginia. (I) recommendations for means of ensuring cited as the ‘‘Shenandoah Valley Battlefields (2) BOUNDARIES.—(A) The corridor shall continued local involvement and participa- National Historic District and Commission consist of lands and interests therein as gen- tion in the management, protection, and de- Act of 1996’’. erally depicted on the map entitled ‘‘Shen- velopment of the District; and (b) CONGRESSIONAL FINDINGS.—The Con- andoah Valley National Battlefields’’, num- (J) provisions for appropriate living his- gress finds that— bered SHVA/80,000, and dated April 1994. tory demonstrations and battlefield reenact- (1) there are situated in the Shenandoah (B) The District shall consist of historic ments. Valley in the Commonwealth of Virginia the transportation routes linking the units de- (3) PREPARATION OF DRAFT PLAN.—(A) Not sites of several key Civil War battles; picted on the map referred to in subpara- later than 3 years after the date on which (2) certain sites, battlefields, structures, graph (A). the Commission conducts its first meeting, and districts in the Shenandoah Valley are (C) The map referred to in subparagraph the Commission shall submit to the Sec- collectively of national significance in the (A) shall be on file and available for public retary a draft plan that meets the require- history of the Civil War; inspection in the offices of the Commission, ments of paragraph (2). (3) in 1992, the Secretary of the Interior is- the management entity, and in the appro- (B) Prior to submitting the draft plan to sued a comprehensive study of significant priate offices of the National Park Service. the Secretary, the Commission shall ensure sites and structures associated with Civil (f) SHENANDOAH VALLEY BATTLEFIELDS NA- that— War battles in the Shenandoah Valley, and TIONAL HISTORIC DISTRICT PLAN.— (i) the Commonwealth of Virginia, and any found that many of the sites within the (1) IN GENERAL.—The District shall be man- political subdivision thereof that would be Shenandoah Valley possess national signifi- aged and administered by the Commission affected by the plan, receives a copy of the cance and retain a high degree of historical and the management entity in accordance draft plan; integrity; with the purposes of this Act and the Shen- (ii) adequate notice of the availability of (4) the preservation and interpretation of andoah Valley Battlefields National Historic these sites will make a vital contribution to District Plan developed by the Commission the draft plan is provided through publica- the understanding of the heritage of the and approved by the Secretary, as provided tion in appropriate local newspapers in the United States; in this subsection. area of the District; and (5) the preservation of Civil War sites with- (2) SPECIFIC PROVISIONS.—The plan shall in- (iii) at least 1 public hearing in the vicin- in a regional framework requires coopera- clude— ity of the District is conducted by the Com- tion among local property owners and Fed- (A) an inventory which includes any prop- mission with respect to the draft plan. eral, State, and local government entities; erty in the District which should be pre- (4) REVIEW OF THE PLAN BY THE SEC- and served, restored, managed, maintained, or RETARY.—The Secretary shall review the (6) partnerships between Federal, State, acquired because of its national historic sig- draft plan submitted under paragraph (3) and local governments, the regional entities nificance; and, not later than 90 days after the date on of such governments, and the private sector (B) provisions for the protection and inter- which the draft plan is submitted, shall ei- offer the most effective opportunities for the pretation of the natural, cultural, and his- ther— October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12221 (A) approve the draft plan as the plan if (E) The Governor of Virginia, or a designee Commission shall in no way infringe upon the Secretary finds that the plan, when im- of the Governor, ex officio. the authorities and policies of the Common- plemented, would adequately protect the sig- (F) The Director of the National Park wealth of Virginia or any political subdivi- nificant historical and cultural resources of Service, or a designee of the Director, ex sion; and the District; or officio. (C) take appropriate action to encourage (B) reject the draft plan and advise the (3) APPOINTMENTS.—Members of the Com- protection of the natural, cultural, and his- Commission in writing of the reasons there- mission shall be appointed for terms of 3 toric resources within the District by land- fore and indicate any recommendations for years. Any member of the Commission ap- owners, local governments, organizations, revisions that would make the draft plan ac- pointed for a definite term may serve after and businesses. ceptable. the expiration of the term until the succes- (j) AUTHORIZATION OF APPROPRIATIONS.— (g) DUTIES OF THE SECRETARY.— sor of the members is appointed. (1) IN GENERAL.—There are authorized to be (1) IN GENERAL.—The Secretary may award (4) ELECTION OF OFFICERS.—The Commis- appropriated to the Commission not more grants, provide technical assistance and sion shall elect 1 of its members as Chair- than $250,000 annually to remain available enter into cooperative agreements with the person and 1 as Vice Chairperson. The Vice until expended. Commission, management entity, other Chairperson shall serve as Chairperson in the (2) ASSISTANCE.—(A) There are authorized units of government, or other persons to pro- absence of the Chairperson. to be appropriated to the Secretary for vide for the preservation and interpretation (5) VACANCY.—Any vacancy on the Com- grants and technical assistance pursuant to of the natural, cultural, and historical re- mission shall be filled in the same manner in subsections (g)(1), (2), and (3) not more than sources within the District. which the original appointment was made, $1,000,000 annually for each of the fical years (2) TECHNICAL ASSISTANCE.—The Secretary except that the Secretary shall fill any va- 1997 through 2006, to remain available until may make grants, provide technical assist- cancy within 30 days after the vacancy oc- expended. ance, and enter into cooperative agreements curs. (B) The Federal share of any funds awarded for— (6) QUORUM.—Any majority of the Commis- under subsection (g)(2) may not exceed the (A) the preparation and implementation of sion shall constitute a quorum. amount of non-Federal funds provided for the plan pursuant to subsection (f); (7) MEETINGS.—The Commission shall meet the preservation, interpretation, planning, (B) interpretive and educational programs; at the call of the Chairperson or a majority development, or implementation with re- (C) acquiring lands or interests in lands of the members of the Commission, but not spect to which the grant is awarded. from willing sellers; less than quarterly. Notice of the Commis- (3) LAND ACQUISITION.—There are author- (D) capital projects and improvements un- sion meetings and agendas for the meetings ized to be appropriated for land acquisition dertaken pursuant to the plan; and shall be published in local newspapers that pursuant to subsection (g)(4) not more than (E) facilitating public access to historic re- have a distribution throughout the Shen- $2,000,000 annually for each of the fical years sources within the District. andoah Valley. Meetings of the Commission 1997 through 2006, to remain available until (3) EARLY ACTIONS.—After enactment of shall be subject to section 552b of title 5, expended. this Act but prior to approval of the plan, United States Code (relating to open meet- (4) MANAGEMENT ENTITY.—There are au- the Secretary may provide technical and fi- ings). thorized to be appropriated to the manage- nancial assistance for early actions which TAFF OF THE COMMISSION.—The Com- (8) S ment entity not more than $500,000 annually are important to the purposes of this Act and mission shall have the power to appoint and for each of the fical years 1997 through 2006, which protect and preserve resources in im- fix the compensation of such staff as may be to remain available until expended. minent danger of irreversible damage but for necessary to carry out its duties. the fact of such early action. (9) ADMINISTRATIVE SUPPORT SERVICES.— SEC. 608. WASHITA BATTLEFIELD. (4) ACQUISITION OF LAND.—The Secretary The Administrator of the General Services (a) FINDINGS AND PURPOSES.— may acquire land and interests in lands from Administration shall provide to the Commis- (1) FINDINGS.—The Congress finds that— a willing seller or donee within the District sion, without reimbursement, such adminis- (A) the Battle of the Washita, November that have been specifically identified by the trative support services as the Commission 27, 1868, was one of the largest engagements Commission for acquisition by the Federal may request. between Plains tribes and the United States Government. No lands or interests therein (10) FEDERAL AGENCIES.—Upon request of Army on the Southern Great Plains. The site may be acquired by condemnation. the Commission, the head of any Federal is a registered National Historic Landmark; (5) DETAIL.—Each fiscal year during the ex- agency may detail to the Commission or (B) Lt. Colonel George A. Custer, leading istence of the Commission and upon request management entity, without reimbursement, the 7th United States Calvary, attacked the of the Commission, the Secretary shall de- personnel of the agency to assist the Com- sleeping Cheyenne village of peace chief tail to the Commission, on a nonreimburs- mission or management entity in carrying Black Kettle. Custer’s attack resulted in able basis, 2 employees of the Department of out its duties and such detail shall be with- more than 150 Indian casualties, many of the Interior to enable the Commission to out interruption or loss of civil service sta- them women and children; carry out the Commission’s duties under sec- tus, benefits, or privileges. (3) the Battle of the Washita symbolizes tion 9. Such detail shall be without interrup- (11) SUBPOENAS.—The Commission may not the struggle of the Southern Great Plains tion or loss of civil service status, benefits, issue subpoenas or exercise any subpoena au- tribes to maintain their traditional lifeways or privileges. thority. and not to submit to reservation confine- (6) REPORT.—Not later than 2 years after (12) EXPENSES.—Members of the Commis- ment; and approval of the plan, the Secretary shall sub- sion shall serve without compensation, but (4) the Washita battle site possesses a high mit to Congress a report recommending the Secretary may reimburse members for degree of integrity and the cultural land- whether the District or components thereof expenses reasonably incurred in carrying out scape is essentially intact. The Cheyenne vil- meet the criteria for designation as a unit of the responsibilities of the Commission under lage site has not been altered substantially the National Park Service. this Act. except by periodic flooding of the Washita (7) OTHER ASSISTANCE.—Nothing in this (13) MAILS.—The Commission may use the River. section shall be deemed to prohibit the Sec- United States mails in the same manner and (2) PURPOSES.—The purposes of this section retary or units of government from provid- under the same conditions as other depart- are to— ing technical or financial assistance under ments and agencies of the United States. (1) recognize the importance of the Battle any other provision of law. (14) GIFTS.—The Commission may, for pur- of the Washita as a nationally significant (h) SHENANDOAH VALLEY BATTLEFIELDS NA- poses of carrying out the duties of the Com- element of frontier military history and as a TIONAL HISTORIC DISTRICT COMMISSION.— mission, seek, accept, and dispose of gifts, symbol of the struggles of the Southern (1) ESTABLISHMENT.—There is hereby estab- bequests, or donations of money, personal or Great Plains tribes to maintain control of lished the Shenandoah Valley Battlefields real property, or services received from any their traditional use areas; and National Historic District Commission. source. (2) establish the site of the Battle of the (2) MEMBERSHIP.—The Commission shall be (15) TERMINATION.—The Commission shall Washita as a national historic site and pro- composed of 19 members, to be appointed by terminate at the expiration of the 45-day pe- vide opportunities for American Indian the Secretary as follows: riod beginning on the date on which the Sec- groups including the Cheyenne-Arapaho (A) 5 members representing local govern- retary approves the plan under subsection Tribe to be involved in the formulation of ments of communities in the vicinity of the (f)(4). plans and educational programs for the na- District, appointed after the Secretary con- (i) DUTIES OF THE COMMISSION.— tional historic site. siders recommendations made by appro- (1) IN GENERAL.—The Commission shall— (b) ESTABLISHMENT.— priate local governing bodies. (A) develop the plan and draft plan referred (1) IN GENERAL.—In order to provide for the (B) 10 members representing property own- to in subsection (f), in consultation with the preservation and interpretation of the Battle ers within the District (1 member within Secretary; of the Washita, there is hereby established each unit of the battlefields). (B) assist the Commonwealth of Virginia, the Washita Battlefield National Historic (C) 1 member with demonstrated expertise and any political subdivision thereof, in the Site in the State of Oklahoma (hereafter in in historic preservation. management, protection, and interpretation this section referred to as the ‘‘national his- (D) 1 member who is a recognized historian of the natural, cultural, and historical re- toric site’’). with expertise in Civil War history. sources within the District, except that the (2) BOUNDARY.— H12222 CONGRESSIONAL RECORD — HOUSE October 1, 1996

(A) IN GENERAL.—The national historic site ing through the Director of the National ary 1, 1992. Revenues from Nordic ski oper- shall consist of— Park Service, shall prepare a general man- ations shall be included or excluded from the (i) approximately 326 acres, as generally agement plan for the national historic site. rental charge calculation according to the depicted on the map entitled ‘‘Washita Bat- The plan shall address, but not be limited to, percentage of trails physically located on na- tlefield National Historic Site’’, numbered each of the following: tional forest land. 22,000A and dated 12/95; and (1) A resource protection program. (3) In order to ensure that the rental (ii) the private lands subject to conserva- (2) A visitor use plan including programs charge remains fair and equitable to both tion easements referred to in subsection and facilities that will be provided for public the United States and the ski area permit- (d)(2). use, including the location and cost of public tees, the adjusted gross revenue figures for (B) MAP.—The map referred to in subpara- facilities. each revenue bracket in paragraph (1) shall graph (A)(i) shall be on file in the offices of (3) A research and curation plan. be adjusted annually by the percent increase the Director of the National Park Service, (4) A highway signing program. or decrease in the national Consumer Price Department of the Interior, and other appro- (5) Involvement by the Cheyenne-Arapaho Index for the preceding calendar year. No priate offices of the National Park Service. Tribe in the formulation of educational pro- later than 3 years after the date of enact- The Secretary of the Interior (hereafter in grams for the national historic site. ment of this Act and every 5 years thereafter this section referred to as the ‘‘Secretary’’) (6) Involvement by the State of Oklahoma the Secretary shall submit to the Committee may, from time to time, make minor revi- and other local and national entities willing on Energy and Natural Resources of the sions in the boundary of the national his- to share in the responsibilities of developing United States Senate and the Committee on toric site in accordance with section 7(c) of and supporting the national historic site. Resources of the United States House of Rep- the Land and Water Conservation Act of 1965 (f) AUTHORIZATION OF APPROPRIATIONS.— resentatives a report analyzing whether the (16 U.S.C. 460l–4 and following). There are authorized to be appropriated to ski area permit rental charge legislated by (c) ADMINISTRATION.— carry out this section for land acquisition this Act is returning a fair market value (1) IN GENERAL.—The Secretary, acting and development not more than $5,000,000. rental to the United States together with through the Director of the National Park any recommendations the Secretary may TITLE VII—FEES Service, shall manage the national historic have for modifications of the system. site in accordance with this section and the SEC. 701. SKI AREA PERMIT RENTAL CHARGE. (c) The rental charge set forth in sub- provisions of law generally applicable to (a) The Secretary of Agriculture shall section (b) shall be due on June 1 of each units of the National Park System, including charge a rental charge for all ski area per- year and shall be paid or pre-paid by the per- ‘‘An Act to establish a National Park Serv- mits issued pursuant to section 3 of the Na- mittee on a monthly, quarterly, annual or ice, and for other purposes’’, approved Au- tional Forest Ski Area Permit Act of 1986 (16 other schedule as determined appropriate by gust 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4), U.S.C. 497b), the Act of March 4, 1915 (38 Stat. the Secretary in consultation with the per- and the Act of August 21, 1935 (49 Stat. 666; 16 1101, chapter 144; 16 U.S.C. 497), or the 9th mittee. Unless mutually agreed otherwise by U.S.C. 461–467). through 20th paragraphs under the heading the Secretary and the permittee, the pay- (2) MANAGEMENT PURPOSES.—The Secretary ‘‘SURVEYING THE PUBLIC LANDS’’ under ment or prepayment schedule shall conform shall manage the national historic site for the heading ‘‘UNDER THE DEPARTMENT to the permittee’s schedule in effect prior to the following purposes, among others: OF THE INTERIOR’’ in the Act of June 4, enactment of this Act. To reduce costs to the (A) To protect and preserve the national 1897 (30 Stat. 34, chapter 2), on National For- permittee and the Forest Service, the Sec- historic site, including the topographic fea- est System lands. Permit rental charges for retary shall each year provide the permittee tures important to the battle site, artifacts permits issued pursuant to the National For- with a standardized form and worksheets (in- and other physical remains of the battle, and est Ski Area Permit Act of 1986 shall be cal- cluding annual rental charge calculation the visual scene as closely as possible as it culated as set forth in subsection (b). Permit brackets and rates) to be used for rental was at the time of the battle. rental charges for existing ski area permits charge calculation and submitted with the (B) To interpret the cultural and natural issued pursuant to the Act of March 4, 1915, rental charge payment. Information pro- resources of the historic site, providing for and the Act of June 4, 1897, shall be cal- vided on such forms shall be compiled by the public understanding and appreciation of the culated in accordance with those existing Secretary annually and kept in the Office of area in such manner as to perpetuate these permits: Provided, That a permittee may, at the Chief, United States Forest Service. qualities and values for future generations. the permittee’s option, use the calculation (d) The ski area permit rental charge set (3) CONSULTATION AND TRAINING.—The Sec- method set forth in subsection (b). forth in this section shall become effective retary, acting through the Director of the (b)(1) The ski area permit rental charge on June 1, 1996 and cover receipts retroactive National Park Service, shall consult regu- (SAPRC) shall be calculated by adding the to June 1, 1995: Provided however, That if a larly with the Cheyenne-Arapaho Tribe on permittee’s gross revenues from lift ticket/ permittee has paid rental charges for the pe- the formulation of the management plan year-round ski area use pass sales plus reve- riod June 1, 1995, to June 1, 1996, under the provisions referred to in subsection (e)(5) and nue from ski school operations (LT+SS) and graduated rate rental charge system formula on preparation of educational programs pro- multiplying such total by the slope trans- in effect prior to the date of enactment of vided to the public. The Secretary is author- port feet percentage (STFP) on National this Act, such rental charges shall be cred- ized to enter into cooperative agreements Forest System land. That amount shall be ited toward the new rental charge due on with the Cheyenne-Arapaho Tribe, its subor- increased by the gross year-round revenue June 1, 1996. In order to ensure increasing dinate boards, committees, enterprises, and from ancillary facilities (GRAF) physically rental charge receipt levels to the United traditional leaders to further the purposes of located on national forest land, including all States during transition from the graduated this Act. permittee or subpermittee lodging, food rate rental charge system formula to the for- (d) ACQUISITION OF PROPERTY.— service, rental shops, parking and other an- mula of this Act, the rental charge paid by (1) PARK BOUNDARIES.—Within the bound- cillary operations, to determine the adjusted any individual permittee shall be— aries of the national historic site, the Sec- gross revenue (AGR) subject to the permit (1) for the 1995–1996 permit year, either the retary is authorized to acquire lands and in- rental charge. The final rental charge shall rental charge paid for the preceding 1994–1995 terest in lands by donation, purchase with be calculated by multiplying the AGR by the base year or the rental charge calculated donated or appropriated funds, or exchange, following percentages for each revenue pursuant to this Act, whichever is higher; except that— bracket and adding the total for each reve- (2) for the 1996–1997 permit year, either the (A) no lands or interest in lands within the nue bracket: rental charge paid for the 1994–1995 base year historic site may be acquired without the (A) 1.5 percent of all adjusted gross revenue or the rental charge calculated pursuant to consent of the owner thereof, and below $3,000,000; this Act, whichever is higher; and (B) lands and interests in lands owned by (B) 2.5 percent for adjusted gross revenue (3) for the 1997–1998 permit year, either the the State of Oklahoma or any political sub- between $3,000,000 and $15,000,000; rental charge for the 1994–1995 base year or division thereof may be acquired only by do- (C) 2.75 percent for adjusted gross revenue the rental charge calculated pursuant to this nation. between $15,000,000 and $50,000,000; and Act, whichever is higher. (2) CONSERVATION EASEMENTS.—The Con- (D) 4.0 percent for the amount of adjusted If an individual permittee’s adjusted gross gress finds that the State of Oklahoma, act- gross revenue that exceeds $50,000,000. revenue for the 1995–1996, 1996–1997, or 1997– ing through the Oklahoma Historical Soci- Utilizing the abbreviations indicated in this 1998 permit years falls more than 10 percent ety, will work with local land owners to ac- subsection the ski area permit fee (SAPF) below the 1994–1995 base year, the rental quire and hold in perpetuity conservation formula can be simply illustrated as: charge paid shall be the rental charge cal- easements in the vicinity of the national his- culated pursuant to this Act. toric site as deemed necessary for the visual SAPF = ((LT + SS) STFP) + GRAF = AGR; (e) Under no circumstances shall revenue, and interpretive integrity of the site. The in- AGR % BRACKETS or subpermittee revenue (other than lift tent of the easements will be to keep occu- (2) In cases where ski areas are only par- ticket, area use pass, or ski school sales) ob- pancy of the land in private ownership and tially located on national forest lands, the tained from operations physically located on use of the land in general agriculture. slope transport feet percentage on national non-national forest land be included in the (e) MANAGEMENT PLAN.—Within 5 years forest land referred to in subsection (b) shall ski area permit rental charge calculation. after the date funds are made available for be calculated as generally described in the (f) To reduce administrative costs of ski purposes of this section, the Secretary, act- Forest Service Manual in effect as of Janu- area permittees and the Forest Service the October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12223 terms ‘‘revenue’’ and ‘‘sales’’, as used in this SEC. 704. GLACIER BAY NATIONAL PARK. without regard either to the provisions of section, shall mean actual income from sales Section 3(g) of Public Law 91–383 (16 U.S.C. this title, or the provisions of section 47(a) of and shall not include sales of operating 1a-2(g)) is amended by: striking ‘‘and park title 18, United States Code, use motor vehi- equipment, refunds, rent paid to the permit- programs’’ and inserting the following at the cles, fixed-wing aircraft, or helicopters, or to tee by sublessees, sponsor contributions to end: ‘‘Sixty percent of the fees paid by per- contract for such use, in furtherance of the special events or any amounts attributable mittees for the privilege of entering into management of the National Park System, to employee gratuities or employee lift tick- within Glacier Bay for the period beginning and section 47(a) of title 18, United States ets, discounts, or other goods or services (ex- on the first full fiscal year following the date Code, shall be applicable to such use.’’. cept for bartered goods and complimentary of enactment of this sentence shall be depos- (b) OZARK NATIONAL SCENIC RIVERWAYS.— lift tickets) for which the permittee does not ited into a special account and that such Section 7 of the Act entitled ‘‘An Act to pro- receive money. funds shall be available— vide for the establishment of the Ozark Na- (g) In cases where an area of national for- ‘‘(1) to the extent determined necessary, to tional Scenic Riverways in the State of Mis- est land is under a ski area permit but the acquire and preposition necessary and ade- souri, and for other purposes’’, approved Au- permittee does not have revenue or sales quate emergency response equipment to pre- gust 27, 1964 (16 U.S.C. 460m–6), is amended to qualifying for rental charge payment pursu- vent harm or the threat of harm to aquatic read as follows: ant to subsection (a), the permittee shall pay park resources from permittees; and ‘‘SEC. 7. (a) The Secretary, in accordance an annual minimum rental charge of $2 for ‘‘(2) to conduct investigations to quantify with this section, shall allow free-roaming each national forest acre under permit or a any effect of permittees’ activity on wildlife horses in the Ozark National Scenic percentage of appraised land value, as deter- and other natural resource values of Glacier Riverways. Within 180 days after enactment mined appropriate by the Secretary. Bay National Park. The investigations pro- of this section, the Secretary shall enter into (h) Where the new rental charge provided vided for in this subsection shall be designed an agreement with the Missouri Wild Horse for in subsection (b)(1) results in an increase to provide information of value to the Sec- League or another qualified nonprofit entity in permit rental charge greater than one-half retary, in determining any appropriate limi- to provide for management of free-roaming of 1 percent of the permittee’s adjusted gross tations on permittees’ activity in Glacier horses. The agreement shall provide for cost- revenue as determined under subsection Bay. The Secretary may not impose any ad- effective management of the horses and (b)(1), the new rental charge shall be phased ditional permittee operating conditions in limit Federal expenditures to the costs of in over a five year period in a manner provid- the areas of air, water, and oil pollution be- monitoring the agreement. The Secretary ing for increases of approximately equal in- yond those determined and enforced by other shall issue permits for adequate pastures to crements. appropriate agencies. When competitively accommodate the historic population level (i) To reduce Federal costs in administer- awarding permits to enter Glacier Bay, the of the free-roaming horse herd, which shall ing the provisions of this Act, the reissuance Secretary may take into account the rel- be not less than the number of horses in ex- of a ski area permit to provide activities ative impact particular permittees will have istence on the date of the enactment of this similar in nature and amount to the activi- on park values and resources, provided that section nor more than 50. ties provided under the previous permit shall no operating conditions or limitations relat- ‘‘(b) The Secretary may not remove, or as- not constitute a major Federal action for the ing to noise abatement shall be imposed un- sist in, or permit the removal of any free- purposes of the National Environmental Pol- less the Secretary determines, based on the roaming horses from Federal lands within icy Act of 1969 (42 U.S.C. 4331 et seq.). weight of the evidence from all available the boundary of the Ozark National Scenic (j) Subject to valid existing rights, all studies including verifiable scientific infor- Riverways unless— lands located within the boundaries of ski mation from the investigations provided for ‘‘(1) the entity with whom the Secretary area permits issued prior to, on or after the in this subsection, that such limitations or has entered into the agreement under sub- date of enactment of this Act pursuant to conditions are necessary to protect park val- section (a), following notice and a 90–day re- authority of the Act of March 4, 1915 (38 Stat. ues and resources. Fees paid by certain per- sponse period, substantially fails to meet the 1101, chapter 144; 16 U.S.C. 497), and the Act mittees for the privilege of entering into terms and conditions of the agreement; of June 4, 1897, or the National Forest Ski Glacier Bay shall not exceed $5 per pas- ‘‘(2) the number of free-roaming horses ex- Area Permit Act of 1986 (16 U.S.C. 497b) are senger. For the purposes of this subsection, ceeds 50; or hereby and henceforth automatically with- ‘certain permittee’ shall mean a permittee ‘‘(3) in the case of an emergency or to pro- drawn from all forms of appropriation under which provides overnight accommodations tect public health and safety, as defined in the mining laws and from disposition under for at least 500 passengers for an itinerary of the agreement. all laws pertaining to mineral and geo- at least 3 nights, and ‘permittee’ shall mean ‘‘(c) Nothing in this section shall be con- thermal leasing and all amendments thereto. a concessionaire providing visitor services strued as creating liability for the United Such withdrawal shall continue for the full within Glacier Bay. Nothing in this sub- States for any damages caused by the free- term of the permit and any modification, re- section authorizes the Secretary to require roaming horses to property located inside or issuance, or renewal thereof. Unless the Sec- additional categories of permits or otherwise outside the boundaries of the Ozark National retary requests otherwise of the Secretary of increase the number of permits to enter Gla- Scenic Riverways.’’. the Interior, such withdrawal shall be can- cier Bay in Glacier Bay National Park.’’. SEC. 804. AUTHORITIES OF THE SECRETARY OF celed automatically upon expiration or other TITLE VIII—MISCELLANEOUS ADMINIS- THE INTERIOR RELATING TO MUSE- termination of the permit and the land auto- TRATIVE AND MANAGEMENT PROVI- UMS. matically restored to all appropriation not SIONS (a) FUNCTIONS.—The Act entitled ‘‘An Act otherwise restricted under the public land SEC. 801. LIMITATION ON PARK BUILDINGS. to increase the public benefits from the Na- laws. The 10th undesignated paragraph (relating tional Park System by facilitating the man- SEC. 702. DELAWARE WATER GAP. to a limitation on the expenditure of funds agement of museum properties relating (a) IN GENERAL.—Effective at noon on Sep- for park buildings) under the heading ‘‘MIS- thereto, and for other purposes’’ approved tember 30, 2005, the use of Highway 209 with- CELLANEOUS OBJECTS, DEPARTMENT OF THE IN- July 1, 1955 (16 U.S.C. 18f), is amended— in Delaware Water Gap National Recreation TERIOR’’, which appears under the heading (1) in subsection (b) of the first section, by Area by commercial vehicles, when such use ‘‘UNDER THE DEPARTMENT OF THE INTERIOR’’, striking out ‘‘from such donations and be- is not connected with the operation of the as contained in the first section of the Act of quests of money’’; and recreation area, is prohibited, except as pro- August 24, 1912 (37 Stat. 460), as amended (16 (2) by adding at the end thereof the follow- vided in subsection (b). U.S.C. 451), is hereby repealed. ing: (b) LOCAL BUSINESS USE PROTECTED.—Sub- SEC. 802. APPROPRIATIONS FOR TRANSPOR- ‘‘SEC. 2. ADDITIONAL FUNCTIONS. section (a) does not apply with respect to the TATION OF CHILDREN. ‘‘(a) MUSEUM OBJECTS AND COLLECTIONS.— use of commercial vehicles to serve busi- The first section of the Act of August 7, In addition to the functions specified in the nesses located within or in the vicinity of 1946 (16 U.S.C. 17j–2), is amended by adding at first section of this Act, the Secretary of the the recreation area, as determined by the the end the following: Interior may perform the following functions Secretary. ‘‘(j) Provide transportation for children in in such manner as he shall consider to be in (c) CONFORMING PROVISIONS.— nearby communities to and from any unit of the public interest: (1) Paragraphs (1) through (3) of the third the National Park System used in connec- ‘‘(1) Transfer museum objects and museum undesignated paragraph under the heading tion with organized recreation and interpre- collections that the Secretary determines ‘‘ADMINISTRATIVE PROVISIONS’’ in chap- tive programs of the National Park Serv- are no longer needed for museum purposes to ter VII of title I of Public Law 98–63 (97 Stat. ice.’’. qualified Federal agencies, including the 329) are repealed, effective September 30, SEC. 803. FERAL BURROS AND HORSES. Smithsonian Institution, that have programs 2005. (a) VEHICLES AND AIRCRAFT.—Section 9 of to preserve and interpret cultural or natural (2) Prior to noon on September 30, 2005, the the Act of December 15, 1971 (16 U.S.C. 1338a), heritage, and accept the transfer of museum Secretary shall collect and utilize a commer- is amended by adding at the end thereof the objects and museum collections for the pur- cial use fee from commercial vehicles in ac- following: ‘‘Nothing in this title shall be poses of this Act from any other Federal cordance with paragraphs (1) through (3) of deemed to limit the authority of the Sec- agency, without reimbursement. The head of such third undesignated paragraph. Such fee retary in the management of units of the Na- any other Federal agency may transfer, shall not exceed $25 per trip. tional Park System, and the Secretary may, without reimbursement, museum objects and H12224 CONGRESSIONAL RECORD — HOUSE October 1, 1996 museum collections directly to the adminis- (b) LEGAL REFERENCES.—Any reference in tery shown on the map described in sub- trative jurisdiction of the Secretary of the any law, regulation, paper, record, map, or section (b). Interior for the purpose of this Act. any other document of the United States to ‘‘(2) Convey museum objects and museum the visitor center referred to in subsection SEC. 814. NATIONAL PARK SERVICE ADMINISTRA- collections that the Secretary determines (a) shall be deemed to be a reference to the TIVE REFORM. are no longer needed for museum purposes, ‘‘Laura C. Hudson Visitor Center’’. (a) NATIONAL PARK SERVICE HOUSING IM- without monetary consideration but subject SEC. 809. ROBERT J. LAGOMARSINO VISITOR CEN- PROVEMENT.— to such terms and conditions as the Sec- TER. (1) PURPOSES.—The purposes of this section retary deems necessary, to private institu- (a) DESIGNATION.—The visitor center at the are— tions exempt from Federal taxation under Channel Islands National Park, California, is (A) to develop where necessary an adequate section 501(c)(3) of the Internal Revenue Code designated as the ‘‘Robert J. Lagomarsino supply of quality housing units for field em- Visitor Center’’. of 1986 and to non-Federal governmental en- ployees of the National Park Service within tities if the Secretary determines that the (b) LEGAL REFERENCES.—Any reference in any law, regulation, document, record, map, a reasonable time frame; recipient is dedicated to the preservation (B) to expand the alternatives available for and interpretation of natural or cultural her- or other paper document of the United States to the visitor center referred to in construction and repair of essential govern- itage and is qualified to manage the prop- ment housing; erty, prior to any conveyance under this sub- section 301 is deemed to be a reference to the ‘‘Robert J. Lagomarsino Visitor Center’’. (C) to rely on the private sector to finance section. or supply housing in carrying out this sec- ‘‘(3) Destroy or cause to be destroyed mu- SEC. 810. EXPENDITURE OF FUNDS OUTSIDE AU- THORIZED BOUNDARY OF ROCKY tion, to the maximum extent possible, in seum objects and museum collections that order to reduce the need for Federal appro- the Secretary determines to have no sci- MOUNTAIN NATIONAL PARK. The Secretary of the Interior is authorized priations; entific, cultural, historic, educational, es- to collect and expend donated funds and ex- (D) to ensure that adequate funds are thetic, or monetary value. pend appropriated funds for the operation available to provide for long-term mainte- ‘‘(b) REVIEW AND APPROVAL.—The Sec- retary shall ensure that museum collections and maintenance of a visitor center to be nance needs of field employee housing; and are treated in a careful and deliberate man- constructed for visitors to and administra- (E) to eliminate unnecessary government ner that protects the public interest. Prior tion of Rocky Mountain National Park with housing and locate such housing as is re- to taking any action under subsection (a), private funds on privately owned lands lo- quired in a manner such that primary re- the Secretary shall establish a systematic cated outside the boundary of the park. source values are not impaired. review and approval process, including con- SEC. 811. DAYTON AVIATION. (2) GENERAL AUTHORITY.—To enhance the sultation with appropriate experts, that Section 201(b) of the Dayton Aviation Her- ability of the Secretary of the Interior (here- meets the highest standards of the museum itage Preservation Act of 1992 (Public Law after in this subsection referred to as ‘‘the profession for all actions taken under this 102–419, approved October 16, 1992), is amend- Secretary’’), acting through the Director of section.’’. ed as follows: the National Park Service, to effectively (b) APPLICATION AND DEFINITIONS.—The Act (1) In paragraph (2), by striking ‘‘from rec- manage units of the National Park System, entitled ‘‘An Act to increase the public bene- ommendations’’ and inserting ‘‘after consid- the Secretary is authorized where necessary fits from the National Park System by fa- eration of recommendations’’. and justified to make available employee cilitating the management of museum prop- (2) In paragraph (4), by striking ‘‘from rec- housing, on or off the lands under the admin- erties relating thereto, and for other pur- ommendations’’ and inserting ‘‘after consid- istrative jurisdiction of the National Park poses’’ approved July 1, 1955 (16 U.S.C. 18f), as eration of recommendations’’. Service, and to rent or lease such housing to amended by subsection (a), is further amend- (3) In paragraph (5), by striking ‘‘from rec- field employees of the National Park Service ed by adding the following after section 2: ommendations’’ and inserting ‘‘after consid- at rates based on the reasonable value of the ‘‘SEC. 3. APPLICATION AND DEFINITIONS. eration of recommendations’’. housing in accordance with requirements ap- ‘‘(a) APPLICATION.—Authorities in this Act (4) In paragraph (6), by striking ‘‘from rec- plicable under section 5911 of title 5, United shall be available to the Secretary of the In- ommendations’’ and inserting ‘‘after consid- States Code. terior with regard to museum objects and eration of recommendations’’. (3) REVIEW AND REVISION OF HOUSING CRI- museum collections that were under the ad- (5) In paragraph (7), by striking ‘‘from rec- TERIA.—Upon the enactment of this Act, the ministrative jurisdiction of the Secretary for ommendations’’ and inserting ‘‘after consid- Secretary shall review and revise the exist- the purposes of the National Park System eration of recommendations’’. ing criteria under which housing is provided before the date of enactment of this section SEC. 812. PROHIBITION ON CERTAIN TRANSFERS to employees of the National Park Service. as well as those museum objects and mu- OF NATIONAL FOREST LANDS. Specifically, the Secretary shall examine the seum collections that may be acquired on or After the date of the enactment of this Act existing criteria with respect to what cir- after such date. the Secretary of Agriculture shall not trans- cumstances the National Park Service re- ‘‘(b) DEFINITION.—For the purposes of this fer (by exchange or otherwise) any lands quires an employee to occupy Government Act, the terms ‘museum objects’ and ‘mu- owned by the United States and managed by quarters to provide necessary services, pro- seum collections’ mean objects that are eli- the Secretary as part of the Angeles Na- tect Government property, or because of a gible to be or are made part of a museum, li- tional Forest to any person unless the in- lack of availability of non-Federal housing brary, or archive collection through a formal strument of conveyance contains a restric- in the geographic area. procedure, such as accessioning. Such ob- tion, enforceable by the Secretary, on the fu- (4) SUBMISSION OF REPORT.—A report detail- jects are usually movable and include but ture use of such land prohibiting the use of ing the results of the revisions required by are not limited to prehistoric and historic any portion of such land as a solid waste artifacts, works of art, books, documents, paragraph (3) shall be submitted to the Com- landfill. Such restriction shall be promptly mittee on Resources of the House of Rep- photographs, and natural history speci- enforced by the Secretary when and if a vio- resentatives and the Committee on Energy mens.’’. lation of the restriction occurs. and Natural Resources of the Senate not SEC. 805. VOLUNTEERS IN PARKS INCREASE. SEC. 813. GRAND LAKE CEMETERY. Section 4 of the Volunteers in the Parks later than 180 days after the date of the en- (a) AGREEMENT.—Notwithstanding any actment of this Act. The report shall include Act of 1969 (16 U.S.C. 18j) is amended by other law, not later than 6 months after the justifications for keeping, or for changing, striking out ‘‘$1,000,000’’ and inserting in lieu date of enactment of this Act, the Secretary each of the criteria or factors used by the thereof ‘‘$3,500,000’’. of the Interior shall enter into an appro- Department of the Interior with regard to SEC. 806. CARL GARNER FEDERAL LANDS CLEAN- priate form of agreement with the town of the provision of housing to employees of the UP DAY. Grand Lake, Colorado, authorizing the town National Park Service. The Federal Lands Cleanup Act of 1985 (36 to maintain permanently, under appropriate (5) REVIEW OF CONDITION OF AND COSTS RE- U.S.C. 169i–169i–1) is amended by striking the terms and conditions, a cemetery within the LATING TO HOUSING.—Using the revised cri- terms ‘‘Federal Lands Cleanup Day’’ each boundaries of the Rocky Mountain National teria developed under paragraph (3), the Sec- place it appears and inserting ‘‘Carl Garner Park. Federal Lands Cleanup Day’’. (b) CEMETERY BOUNDARIES.—The cemetery retary shall undertake a review, for each SEC. 807. FORT PULASKI NATIONAL MONUMENT, shall be comprised of approximately 5 acres unit of the National Park System, of exist- GEORGIA. of land, as generally depicted on the map en- ing government-owned housing provided to Section 4 of the Act of June 26, 1936 (ch. titled ‘‘Grand Lake Cemetery’’ and dated employees of the National Park Service. The 844; 49 Stat. 1979), is amended by striking ‘‘: February 1995. review shall include an assessment of the Provided, That’’ and all that follows and in- (c) AVAILABILITY FOR PUBLIC INSPECTION.— physical condition of such housing and the serting a period. The Secretary of the Interior shall place the suitability of such housing to effectively SEC. 808. LAURA C. HUDSON VISITOR CENTER. map described in subsection (b) on file, and carry out the missions of the Department of (a) DESIGNATION.—The visitor center at make the map available for public inspec- the Interior and the National Park Service. Jean Lafitte National Historical Park, lo- tion, in the headquarters office of the Rocky For each unit of such housing, the Secretary cated at 419 Rue Decatur in New Orleans, Mountain National Park. shall determine whether the unit is needed Louisiana, is hereby designated as the (d) LIMITATION.—The cemetery shall not be and justified. The review shall include esti- ‘‘Laura C. Hudson Visitor Center’’. extended beyond the boundaries of the ceme- mates of the cost of bringing each such unit October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12225 that is needed and justified into usable con- (ii) at a rental rate that exceeds the rate nonconstruction funds to be spent for Na- dition that meets all applicable legal hous- based on the reasonable value of the housing tional Park Service housing maintenance ing requirements or, if the unit is deter- in accordance with requirements applicable and operations which are in addition to rent- mined to be obsolete but is still warranted to under section 5911 of title 5, United States al receipts collected. carry out the missions of the Department of Code. (15) STUDY OF HOUSING ALLOWANCES.—With- the Interior and the National Park Service, In no event shall outstanding guarantees be in 12 months after the date of enactment of the cost of replacing the unit. in excess of $3,000,000. this Act, the Secretary shall conduct a study (6) AUTHORIZATION FOR HOUSING AGREE- (C) RENTAL TO GOVERNMENT EMPLOYEES.—A to determine the feasibility of providing eli- MENTS.—For those units of the National guarantee may be made under this sub- gible employees of the National Park Service Park System for which the review required section only if the lessee agrees to permit with housing allowances rather than govern- by paragraphs (3) and (5) has been completed, the Secretary to utilize for housing purposes ment housing. The study shall specifically the Secretary is authorized, pursuant to the any units for which the guarantee is made. examine the feasibility of providing rental authorities contained in this subsection and (D) FAILURE TO MAINTAIN A SATISFACTORY allowances to temporary and lower paid per- subject to the appropriation of necessary LEVEL OF OPERATION AND MAINTENANCE.—The manent employees. Whenever the Secretary funds in advance, to enter into housing lease shall be null and void if the lessee fails submits a copy of such study to the Office of agreements with housing entities under to maintain a satisfactory level of operation Management and Budget, he shall concur- which such housing entities may develop, and maintenance. rently transmit copies of the report to the construct, rehabilitate, or manage housing, (9) JOINT DEVELOPMENT AUTHORITY.—The Resources Committee of the United States located on or off public lands, for rent or Secretary may use authorities granted by House of Representatives and the Committee lease to National Park Service employees statute in combination with one another in on Energy and Natural Resources of the who meet the housing eligibility criteria de- the furtherance of providing where necessary United States Senate. veloped by the Secretary pursuant to this and justified affordable field employee hous- (16) STUDY OF SALE OF EMPLOYEE HOUSING.— Act. ing. Within 18 months of the date of the enact- (7) JOINT PUBLIC-PRIVATE SECTOR HOUSING (10) CONTRACTS FOR THE MANAGEMENT OF ment of the Act, the Secretary shall com- PROGRAMS.— FIELD EMPLOYEE QUARTERS.— plete a study of the sale of Government quar- (A) LEASE TO BUILD PROGRAM.—Subject to (A) GENERAL AUTHORITY.—Subject to the ters to a cooperative consisting of field em- the appropriation of necessary funds in ad- appropriation of necessary funds in advance, ployees. The Secretary shall examine the po- vance, the Secretary may— the Secretary may enter into contracts of (i) lease Federal land and interests in land any duration for the management, repair, tential benefits to the Government as well as to qualified persons for the construction of and maintenance of field employee quarters. the employees and any risks associated with such a program. field employee quarters for any period not to (B) TERMS AND CONDITIONS.—Any such con- exceed 50 years; and tract shall contain such terms and condi- (17) GENERAL PROVISIONS.— (ii) lease developed and undeveloped non- tions as the Secretary deems necessary or (A) CONSTRUCTION LIMITATIONS ON FEDERAL Federal land for providing field employee appropriate to protect the interests of the LANDS.—The Secretary may not utilize any quarters. United States and assure that necessary lands for the purposes of providing field em- (B) COMPETITIVE LEASING.—Each lease quarters are available to field employees. ployee housing under this section which will under subparagraph (A)(i) shall be awarded (11) LEASING OF SEASONAL EMPLOYEE QUAR- impact primary resource values of the area through the use of publicly advertised, com- TERS.— or adversely affect the mission of the agen- petitively bid, or competitively negotiated (A) GENERAL AUTHORITY.—Subject to sub- cy. contracting procedures. paragraph (B), the Secretary may lease quar- (B) RENTAL RATES.—To the extent prac- (C) TERMS AND CONDITIONS.—Each lease ters at or near a unit of the national park ticable, the Secretary shall establish rental under subparagraph (A)(i)— system for use as seasonal quarters for field rates for all quarters occupied by field em- (i) shall stipulate whether operation and employees. The rent charged to field employ- ployees of the National Park Service that maintenance of field employee quarters is to ees under such a lease shall be a rate based are based on the reasonable value of the be provided by the lessee, field employees or on the reasonable value of the quarters in ac- quarters in accordance with requirements the Federal Government; cordance with requirements applicable under applicable under section 5911 of title 5, Unit- (ii) shall require that the construction and section 5911 of title 5, United States Code. ed States Code. rehabilitation of field employee quarters be (B) LIMITATION.—The Secretary may only (C) EXEMPTION FROM LEASING REQUIRE- done in accordance with the requirements of issue a lease under subparagraph (A) if the MENTS.—The provisions of section 5 of the the National Park Service and local applica- Secretary finds that there is a shortage of Act of July 15, 1968 (82 Stat. 354, 356; 16 U.S.C. ble building codes and industry standards; adequate and affordable seasonal quarters at 460l-22), and section 321 of the Act of June 30, (iii) shall contain such additional terms or near such unit and that— 1932 (40 U.S.C. 303b; 47 Stat. 412), shall not and conditions as may be appropriate to pro- (i) the requirement for such seasonal field apply to leases issued by the Secretary under tect the Federal interest, including limits on employee quarters is temporary; or this section. rents the lessee may charge field employees (ii) leasing would be more cost effective (18) PROCEEDS.—The proceeds from any for the occupancy of quarters, conditions on than construction of new seasonal field em- lease under paragraph (7)(A)(i)(I), any lease maintenance and repairs, and agreements on ployee quarters. under paragraph (11)(B), and any lease of sea- the provision of charges for utilities and (C) UNRECOVERED COSTS.—The Secretary sonal quarters under subsection (l), shall be other infrastructure; and may pay the unrecovered costs of leasing retained by the National Park Service. Such (iv) may be granted at less than fair mar- seasonal quarters under this paragraph from proceeds shall be deposited into the special ket value if the Secretary determines that annual appropriations for the year in which fund established for maintenance and oper- such lease will improve the quality and such lease is made. ation of quarters. availability of field employee quarters avail- (12) SURVEY OF EXISTING FACILITIES.—The (19) DEFINITIONS.—For purposes of this sub- able. Secretary shall— section: (D) CONTRIBUTIONS BY UNITED STATES.—The (A) complete a condition assessment for all (A) The term ‘‘field employee’’ means— Secretary may make payments, subject to field employee housing, including the phys- (i) an employee of the National Park Serv- appropriations, or contributions in kind ei- ical condition of such housing and the neces- ice who is exclusively assigned by the Na- ther in advance of or on a continuing basis sity and suitability of such housing for car- tional Park Service to perform duties at a to reduce the costs of planning, construc- rying out the agency mission, using existing tion, or rehabilitation of quarters on or off information; and field unit, and the members of their family; Federal lands under a lease under this para- (B) develop an agency-wide priority listing, and graph. by structure, identifying those units in (ii) other individuals who are authorized to (8) RENTAL GUARANTEE PROGRAM.— greatest need for repair, rehabilitation, re- occupy Government quarters under section (A) GENERAL AUTHORITY.—Subject to the placement, or initial construction. 5911 of title 5, United States Code, and for appropriation of necessary funds in advance, (13) USE OF HOUSING-RELATED FUNDS.—Ex- whom there is no feasible alternative to the the Secretary may enter into a lease to build penditure of any funds authorized and appro- provision of Government housing, and the arrangement as set forth in paragraph (7) priated for new construction, repair, or reha- members of their family. with further agreement to guarantee the oc- bilitation of housing under this section shall (B) The term ‘‘land management agency’’ cupancy of field employee quarters con- follow the housing priority listing estab- means the National Park Service, Depart- structed or rehabilitated under such lease. A lished by the agency under paragraph (13), in ment of the Interior. guarantee made under this paragraph shall sequential order, to the maximum extent (C) The term ‘‘primary resource values’’ be in writing. practicable. means resources which are specifically men- (B) LIMITATIONS.—The Secretary may not (14) ANNUAL BUDGET SUBMITTAL.—The tioned in the enabling legislation for that guarantee— President’s proposed budget to Congress for field unit or other resource value recognized (i) the occupancy of more than 75 percent the first fiscal year beginning after enact- under Federal statute. of the units constructed or rehabilitated ment of this Act, and for each subsequent (D) The term ‘‘quarters’’ means quarters under such lease; and fiscal year, shall include identification of owned or leased by the Government. H12226 CONGRESSIONAL RECORD — HOUSE October 1, 1996 (E) The term ‘‘seasonal quarters’’ means utilize funding sources to supplement any the first sentence by striking ‘‘who shall be quarters typically occupied by field employ- Federal funding used for these facilities. appointed by the Secretary’’ and all that fol- ees who are hired on assignments of 6 (d) ELIMINATION OF UNNECESSARY CONGRES- lows and inserting ‘‘who shall be appointed months or less. SIONAL REPORTING REQUIREMENTS.— by the President, by and with the advice and (b) MINOR BOUNDARY REVISION AUTHOR- (1) REPEALS.—The following provisions are consent of the Senate. The Director shall ITY.—Section 7(c) of the Land and Water hereby repealed: have substantial experience and dem- Conservation Fund Act of 1965 (16 U.S.C. 460l– (A) Section 302(c) of the Act entitled ‘‘An onstrated competence in land management 9(c)) is amended as follows: Act to authorize the establishment of the and natural or cultural resource conserva- (1) In the first sentence, by striking ‘‘Com- Chattahoochee River National Recreation tion. The Director shall select two Deputy mittee on Natural’’ and inserting ‘‘Commit- Area in the State of Georgia, and for other Directors. The first Deputy Director shall tee on’’. purposes (Public Law 95–344; 92 Stat. 478; 16 have responsibility for National Park Serv- (2)(A) By striking ‘‘: Provided, however,’’ U.S.C. 2302(c)). ice operations, and the second Deputy Direc- and all that follows through ‘‘1965’’; and (B) Section 503 of the Act of December 19, tor shall have responsibility for other pro- (B) by inserting ‘‘(1)’’ after ‘‘(c)’’ and by in- 1980 (Public Law 96–550; 94 Stat. 3228; 16 grams assigned to the National Park Serv- serting at the end the following: U.S.C. 410ii–2). ice.’’. ‘‘(2) For the purposes of clause (i) of para- (C) Subsections (b) and (c) of section 4 of (2) EFFECTIVE DATE AND APPLICATION.—The graph (1), in all cases except the case of tech- the Act of October 15, 1982 (Public Law 97– amendment made by subsection (a) shall nical boundary revisions (resulting from 335; 96 Stat. 1628; 16 U.S.C. 341 note). take effect on February 1, 1997, and shall such causes as survey error or changed road (D) Section 7 of Public Law 89–671 (96 Stat. apply with respect to the individual (if any) alignments), the authority of the Secretary 1457; 16 U.S.C. 284f). serving as the Director of the National Park under such clause (i) shall apply only if each (E) Section 3(c) of the National Trails Sys- Service on that date. of the following conditions is met: tem Act (Public Law 90–543; 82 Stat. 919; 16 U.S.C. 1242(c)). (f) NATIONAL PARK SYSTEM ADVISORY ‘‘(A) The sum of the total acreage of lands, BOARD AUTHORIZATION.— waters, and interests therein to be added to (F) Section 4(b) of the Act of October 24, 1984 (Public Law 98–540; 98 Stat. 2720; 16 (1) NATIONAL PARK SYSTEM ADVISORY the area and the total such acreage to be de- BOARD.—Section 3 of the Act of August 21, leted from the area is not more than 5 per- U.S.C. 1a–8). (G) Section 106(b) of the National Visitor 1935 (49 Stat. 667; 16 U.S.C. 463) is amended as cent of the total Federal acreage authorized follows: to be included in the area and is less than 200 Center Facilities Act of 1968 (Public Law 90– 264; 82 Stat. 44; 40 U.S.C. 805(b)). (A) In subsection (a) by striking the first 3 acres in size. sentences and inserting in lieu thereof: ‘‘(B) The acquisition, if any, is not a major (H) Section 6(f)(7) of the Act of September 3, 1964 (Public Law 88–578; 78 Stat. 900; 16 ‘‘There is hereby established a National Park Federal action significantly affecting the System Advisory Board, whose purpose shall quality of the human environment, as deter- U.S.C. 460l–8(f)(7)). (I) Subsection (b) of section 8 of the Act of be to advise the Director of the National mined by the Secretary. Park Service on matters relating to the Na- ‘‘(C) The sum of the total appraised value August 18, 1970 (Public Law 91–383; 90 Stat. 1940; 16 U.S.C. 1a–5(b)). tional Park Service, the National Park Sys- of the lands, water, and interest therein to (J) The last sentence of section 10(a)(2) of tem, and programs administered by the Na- be added to the area and the total appraised the National Trails System Act (Public Law tional Park Service. The Board shall advise value of the lands, waters, and interests 90–543; 82 Stat. 926; 16 U.S.C. 1249(a)(2)). the Director on matters submitted to the therein to be deleted from the area does not (K) Section 4 of the Act of October 31, 1988 Board by the Director as well as any other exceed $750,000. (Public Law 100–573; 102 Stat. 2891; 16 U.S.C. issues identified by the Board. Members of ‘‘(D) The proposed boundary revision is not 460o note). the Board shall be appointed on a staggered an element of a more comprehensive bound- (L) Section 104(b) of the Act of November term basis by the Secretary for a term not to ary modification proposal. 19, 1988 (Public Law 100–698; 102 Stat. 4621). exceed 4 years and shall serve at the pleasure ‘‘(E) The proposed boundary has been sub- (M) Section 1015(b) of the Urban Park and of the Secretary. The Board shall be com- ject to a public review and comment period. Recreation Recovery Act of 1978 (Public Law prised of no more than 12 persons, appointed ‘‘(F) The Director of the National Park 95–625; 92 Stat. 3544; 16 U.S.C. 2514(b)). from among citizens of the United States Service obtains written consent for the (N) Section 105 of the Act of August 13, 1970 having a demonstrated commitment to the boundary modification from all property (Public Law 91–378; 16 U.S.C. 1705). mission of the National Park Service. Board owners whose lands, water, or interests (O) Section 307(b) of the National Historic members shall be selected to represent var- therein, or a portion of whose lands, water, Preservation Act (Public Law 89–665; 16 ious geographic regions, including each of or interests therein, will be added to or de- U.S.C. 470w–6(b)). the administrative regions of the National leted from the area by the boundary modi- (2) AMENDMENTS.—The following provisions Park Service. At least 6 of the members shall fication. are amended: have outstanding expertise in 1 or more of ‘‘(G) The lands are adjacent to other Fed- (A) Section 10 of the Archaeological Re- the following fields: history, archeology, an- eral lands administered by the Director of sources Protection Act of 1979, by striking thropology, historical or landscape architec- the National Park Service.’’ the last sentence of subsection (c) (Public ture, biology, ecology, geology, marine Minor boundary revisions involving only de- Law 96–95; 16 U.S.C. 470ii(c)). science, or social science. At least 4 of the letions of acreage owned by the Federal Gov- (B) Section 5(c) of the Act of June 27, 1960 members shall have outstanding expertise ernment and administered by the National (Public Law 86–523; 16 U.S.C. 469a–3(c); 74 and prior experience in the management of Park Service may be made only by Act of Stat. 220), by inserting a period after ‘‘Act’’ national or State parks or protected areas, Congress.’’. and striking ‘‘and shall submit’’ and all that or national or cultural resources manage- (c) AUTHORIZATION FOR PARK FACILITIES TO follows. ment. The remaining members shall have BE LOCATED OUTSIDE THE BOUNDARIES OF ZION (C) Section 7(a)(3) of the Act of September outstanding expertise in 1 or more of the NATIONAL PARK.—In order to facilitate the 3, 1964 (Public Law 88–578; 78 Stat. 903; 16 areas described above or in another profes- administration of Zion National Park, the U.S.C. 460l–9(a)(3)), by striking the last sen- sional or scientific discipline, such as finan- Secretary of the Interior is authorized, under tence. cial management, recreation use manage- such terms and conditions as he may deem (D) Section 111 of the Petroglyph National ment, land use planning or business manage- advisable, to expend donated or appropriated Monument Establishment Act of 1990 (Public ment, important to the mission of the Na- funds for the establishment of essential fa- Law 101–313; 104 Stat. 278), by striking the tional Park Service. At least 1 individual cilities for park administration and visitor second sentence. shall be a locally elected official from an use outside the boundaries, but within the (E) Section 307(a) of the National Historic area adjacent to a park. The Board shall hold vicinity, of the park. Such facilities and the Preservation Act (Public Law 89–665; 16 its first meeting by no later than 60 days use thereof shall be in conformity with ap- U.S.C. 470w–6(a)) is amended by striking the after the date on which all members of the proved plans for the park. The Secretary first and second sentences. Advisory Board who are to be appointed have shall use existing facilities wherever fea- (F) Section 101(a)(1)(B) of the National His- been appointed. Any vacancy in the Board sible. Such facilities may only be con- toric Preservation Act (Public Law 89–665; 16 shall not affect its powers, but shall be filled structed by the Secretary upon a finding U.S.C. 470a) by inserting a period after ‘‘Reg- in the same manner in which the original ap- that the location of such facilities would— ister’’ the last place such term appears and pointment was made. The Board may adopt (1) avoid undue degradation of natural or by striking ‘‘and submitted’’ and all that fol- such rules as may be necessary to establish cultural resources within the park; lows. its procedures and to govern the manner of (2) enhance service to the public; or (e) SENATE CONFIRMATION OF THE DIRECTOR its operations, organization, and personnel. (3) provide a cost saving to the Federal OF THE NATIONAL PARK SERVICE.— All members of the Board shall be reim- Government. (1) IN GENERAL.—The first section of the bursed for travel and per diem in lieu of sub- The Secretary is authorized to enter into co- Act entitled ‘‘An Act to establish a National sistence expenses during the performance of operative agreements with State or local Park Service, and for other purposes’’, ap- duties of the Board while away from home or governments or private entities to undertake proved August 25, 1916 (39 Stat. 535; 16 U.S.C. their regular place of business, in accordance the authority granted under this subsection. 1; commonly referred to as the ‘‘National with subchapter 1 of chapter 57 of title 5, The Secretary is encouraged to identify and Park Service Organic Act’’), is amended in United States Code. With the exception of October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12227 travel and per diem as noted above, a mem- (A) The term ‘‘challenge cost-share agree- (i) benefit and enhance the cultural, histor- ber of the Board who is otherwise an officer ment’’ means any agreement entered into be- ical, and natural resources of the Lake Cal- or employee of the United States Govern- tween the Secretary and any cooperator for umet area; and ment shall serve on the Board without addi- the purpose of sharing costs or services in (ii) preserve natural lands and habitats in tional compensation.’’. carrying out authorized functions and re- the Lake Calumet area and northwest Indi- (B) By redesignating subsections (b) and (c) sponsibilities of the Secretary of the Interior ana. as (f) and (g) and by striking from the first with respect to any unit or program of the (3) REPORT.—Not later than 1 year after sentence of subsection (f), as so redesignated National Park System (as defined in section the date of enactment of this Act, the Sec- ‘‘1995’’ and inserting in lieu thereof ‘‘2006’’. 2(a) of the Act of August 8, 1953 (16 U.S.C. retary shall submit to the Congress a report (C) By adding the following new sub- 1c(a))), any affiliated area, or any designated containing findings and recommendations of sections after subsection (a): National Scenic or Historic Trail. a study under this section. ‘‘(b)(1) The Secretary is authorized to hire (B) The term ‘‘cooperator’’ means any SEC. 817. ACQUISITION OF CERTAIN PROPERTY 2 full-time staffers to meet the needs of the State or local government, public or private ON SANTA CRUZ ISLAND. Advisory Board. agency, organization, institution, corpora- Section 202 of Public Law 96–199 (16 U.S.C. ‘‘(2) Service of an individual as a member tion, individual, or other entity. 410ff–1) is amended by adding the following of the Board shall not be considered as serv- (2) CHALLENGE COST-SHARE AGREEMENTS.— new subsection at the end thereof: ice or employment bringing such individual The Secretary of the Interior is authorized ‘‘(e)(1) Notwithstanding any other provi- within the provisions of any Federal law re- to negotiate and enter into challenge cost- sion of law, effective 90 days after the date of lating to conflicts of interest or otherwise share agreements with cooperators. enactment of this subsection, all right, title, imposing restrictions, requirements, or pen- (3) USE OF FEDERAL FUNDS.—In carrying and interest in and to, and the right to im- alties in relation to the employment of per- out challenge cost-share agreements, the mediate possession of, the real property on sons, the performance of services, or the pay- Secretary of the Interior is authorized to the eastern end of Santa Cruz Island which is ment or receipt of compensation in connec- provide the Federal funding share from any known as the Gherini Ranch is hereby vested tion with claims, proceedings, or matters in- funds available to the National Park Service. in the United States, except for the reserved volving the United States. Service as a mem- OST ECOVERY FOR AMAGE TO A rights of use and occupancy set forth in In- ber of the Board, or as an employee of the (h) C R D N - Board, shall not be considered service in an TIONAL PARK RESOURCES.—Public Law 101–337 strument No. 90–027494 recorded in the Offi- appointive or elective position in the Gov- is amended as follows: cial Records of the County of Santa Barbara, ernment for purposes of section 8344 of title (1) In section 1 (16 U.S.C. 19jj), by amending California. 5, United States Code, or comparable provi- subsection (d) to read as follows: ‘‘(2) The United States shall pay just com- sions of Federal law. ‘‘(d) ‘Park system resource’ means any liv- pensation to the owners of any real property ‘‘(c)(1) Upon request of the Director, the ing or non-living resource that is located taken pursuant to this subsection, deter- Board is authorized to— within the boundaries of a unit of the Na- mined as of the date of taking. The full faith ‘‘(A) hold such hearings and sit and act at tional Park System, except for resources and credit of the United States is hereby such times, owned by a non-Federal entity.’’. pledged to the payment of any judgment en- ‘‘(B) take such testimony, (2) In section 1 (16 U.S.C. 19jj) by adding at tered against the United States with respect ‘‘(C) have such printing and binding done, the end thereof the following: to the taking of such property. Payment ‘‘(D) enter into such contracts and other ‘‘(g) ‘Marine or aquatic park system re- shall be in the amount of the agreed nego- arrangements, source’ means any living or non-living part tiated value of such real property plus inter- ‘‘(E) make such expenditures, and of a marine or aquatic regimen within or is est or the valuation of such real property ‘‘(F) take such other actions, a living part of a marine or aquatic regimen awarded by judgment plus interest. Interest as the Board may deem advisable. Any mem- within the boundaries of a unit of the Na- shall accrue from the date of taking to the ber of the Board may administer oaths or af- tional Park System, except for resources date of payment. Interest shall be firmations to witnesses appearing before the owned by a non-Federal entity.’’. compounded quarterly and computed at the Board. (3) In section 2(b) (16 U.S.C. 19jj–1(b)), by rate applicable for the period involved, as de- ‘‘(2) The Board may establish committees inserting ‘‘any marine or aquatic park re- termined by the Secretary of the Treasury or subcommittees. Any such subcommittees source’’ after ‘‘any park system resource’’. on the basis of the current average market or committees shall be chaired by a voting yield on outstanding marketable obligations SEC. 815. WILLIAM B. SMULLIN VISITOR CENTER. member of the Board. of the United States of comparable matu- ‘‘(d) The provisions of the Federal Advisory (a) DESIGNATION.—The Bureau of Land rities from the date of enactment of this sub- Committee Act shall apply to the Board es- Management’s visitors center in Rand, Or- section to the last day of the month preced- tablished under this section with the excep- egon is hereby designated as the ‘‘William B. ing the date on which payment is made. tion of section 14(b). Smullin Visitor Center’’. ‘‘(3) In the absence of a negotiated settle- ‘‘(e)(1) The Board is authorized to secure (b) LEGAL REFERENCES.—Any reference in ment, or an action by the owner, within 1 directly from any office, department, agen- any law, regulation, document, record, map, year after the date of enactment of this sub- cy, establishment, or instrumentality of the or other document of the United States to section, the Secretary shall initiate a pro- Federal Government such information as the the visitor center referred to in subsection ceeding, seeking in a court of competent ju- Board may require for the purpose of this (a) shall be deemed to be a reference to the risdiction a determination of just compensa- section, and each such officer, department, ‘‘William B. Smullin Visitor Center’’. tion with respect to the taking of such prop- agency, establishment, or instrumentality is SEC. 816. CALUMET ECOLOGICAL PARK. erty. authorized and directed to furnish, to the ex- (a) FEASIBILITY STUDY.— ‘‘(4) The Secretary shall not allow any un- tent permitted by law, such information, (1) IN GENERAL.—Not later than 6 months authorized use of the lands to be acquired suggestions, estimates, and statistics di- after the date of enactment of this Act, the under this subsection, except that the Sec- rectly to the Board, upon request made by a Secretary of the Interior shall conduct a retary shall permit the orderly termination member of the Board. of all current activities and the removal of ‘‘(2) Upon the request of the Board, the study of the feasibility of establishing an any equipment, facilities, or personal prop- head of any Federal department, agency, or urban ecological park to be known as ‘‘Cal- erty.’’. instrumentality is authorized to make any umet Ecological Park’’, in the Lake Calumet of the facilities and services of such depart- area situated between the Illinois and Michi- SEC. 818. NATIONAL PARK AGREEMENTS. ment, agency, or instrumentality to the gan Canal National Heritage Corridor and Section 3 of the Act entitled ‘‘An Act to Board, on a nonreimbursable basis, to assist the Indiana Dunes National Lakeshore. improve the administration of the National the Board in carrying out its duties under (2) PARTICULARS OF STUDY.—The study Park System by the Secretary of the Inte- this section. under paragraph (1) shall include consider- rior, and to clarify the authorities applicable ‘‘(3) The Board may use the United States ation of the following: to the system, and for other purposes’’ ap- mails in the same manner and under the (A) The suitability of establishing a park proved August 18, 1970 (16 U.S.C. 1a–2), is same conditions as other departments and in the Lake Calumet area that— amended— agencies in the United States.’’. (i) conserves and protects the wealth of (1) in paragraph (i), by striking the period (2) AUTHORIZATION OF APPROPRIATIONS.— natural resources threatened by development at the end thereof and inserting in lieu There are authorized to be appropriated to and pollution in the Lake Calumet area; and thereof ‘‘; and’’; and the National Park System Advisory Board (ii) consists of a number of nonadjacent (2) by adding at the end thereof the follow- $200,000 per year to carry out the provisions sites forming green corridors between the Il- ing: of section 3 of the Act of August 21, 1935 (49 linois and Michigan Canal National Heritage ‘‘(j) enter into cooperative agreements Stat. 667; 16 U.S.C. 463). Corridor and the Indiana Dunes National with public or private educational institu- (3) EFFECTIVE DATE.—This subsection shall Lakeshore, that are based on the lakes and tions, States, and their political subdivi- take effect on December 7, 1997. waterways in the area. sions, for the purpose of developing ade- (g) CHALLENGE COST-SHARE AGREEMENT AU- (B) The long term future use of the Lake quate, coordinated, cooperative research and THORITY.— Calumet area. training programs concerning the resources (1) DEFINITIONS.—For purposes of this sub- (C) Ways in which a Calumet Ecological of the National Park System, and, pursuant section: Park would— to any such agreements, to accept from and H12228 CONGRESSIONAL RECORD — HOUSE October 1, 1996 make available to the cooperator such tech- clusion on the National Register of Historic 398; 16 U.S.C. 461 note) is amended by insert- nical and support staff, financial assistance Places within the Corridor which exhibit na- ing after section 117 the following new sec- for mutually agreed upon research projects, tional significance or provide a wide spec- tion: supplies and equipment, facilities, and ad- trum of historic, recreational, or environ- ‘‘SEC. 118. STUDY OF POSSIBLE ADDITIONS TO ministrative services relating to cooperative mental education opportunities to the gen- CORRIDOR research units as the Secretary deems appro- eral public. ‘‘The Commission shall undertake a study priate; except that this paragraph shall not ‘‘(2) To be eligible for funds under this sec- to determine whether the Joliet Army Am- waive any requirements for research projects tion, the Commission shall submit an appli- munition Plant and the Calumet-Sag and that are subject to the Federal procurement cation to the Secretary that includes— Chicago Sanitary and Ship Canals should be regulations.’’. ‘‘(A) a 10–year development plan including added to the corridor. The study shall spe- TITLE IX—HERITAGE AREAS those resource protection needs and projects cifically examine the relationship between critical to maintaining or interpreting the the purposes of this Act and the areas pro- SEC. 901. BLACKSTONE RIVER VALLEY NATIONAL distinctive character of the Corridor; and HERITAGE CORRIDOR. posed for study and shall identify any spe- ‘‘(B) specific descriptions of annual work (a) BOUNDARY CHANGES.—Section 2 of the cific resources which are related to the pur- Act entitled ‘‘An Act to establish the Black- programs that have been assembled, the par- poses for which the corridor was established. stone River Valley National Heritage Cor- ticipating parties, roles, cost estimates, The study shall propose boundaries which ridor in Massachusetts and Rhode Island’’, cost-sharing, or cooperative agreements nec- provide for the inclusion of any related re- approved November 10, 1986 (Public Law 99– essary to carry out the development plan. sources within the corridor. The Commission ‘‘(3) Funds made available pursuant to this 647; 16 U.S.C. 461 note), is amended by strik- shall submit the study to the Secretary and subsection shall not exceed 50 percent of the ing the first sentence and inserting the fol- the appropriate congressional committees. total cost of the work programs. Upon receipt of the study, the Secretary lowing new sentence: ‘‘The boundaries shall ‘‘(4) In making the funds available, the shall determine which lands (if any) should include the lands and water generally de- Secretary shall give priority to projects that be added to the corridor and shall so notify picted on the map entitled ‘Blackstone River attract greater non-Federal funding sources. Valley National Heritage Corridor Boundary ‘‘(5) Any payment made for the purposes of the appropriate congressional committees.’’. Map’, numbered BRV–80–80,011, and dated conservation or restoration of real property TITLE X—MISCELLANEOUS May 2, 1993.’’. or structures shall be subject to an agree- (b) TERMS.—Section 3(c) of the Act entitled Subtitle A—Tallgrass Prairie National ment either— Preserve ‘‘An Act to establish the Blackstone River ‘‘(A) to convey a conservation or preserva- Valley National Heritage Corridor in Massa- tion easement to the Department of Environ- SEC. 1001. SHORT TITLE. chusetts and Rhode Island’’, approved No- mental Management or to the Historic Pres- This subtitle may be cited as the vember 10, 1986 (Public Law 99–647; 16 U.S.C. ervation Commission, as appropriate, of the ‘‘Tallgrass Prairie National Preserve Act of 461 note), is amended by inserting before the State in which the real property or structure 1996’’. period at the end the following: ‘‘, but may is located; or SEC. 1002. FINDINGS AND PURPOSES. continue to serve after the expiration of this ‘‘(B) that conversion, use, or disposal of (a) FINDINGS.—Congress finds that— term until a successor has been appointed’’. the resources so assisted for purposes con- (1) of the 400,000 square miles of tallgrass (c) REVISION OF PLAN.—Section 6 of the Act trary to the purposes of this Act, as deter- prairie that once covered the North Amer- entitled ‘‘An Act to establish the Blackstone mined by the Secretary, shall result in a ican Continent, less than 1 percent remains, River Valley National Heritage Corridor in right of the United States for reimbursement primarily in the Flint Hills of Kansas; Massachusetts and Rhode Island’’, approved of all funds expended upon such resources or (2) in 1991, the National Park Service con- November 10, 1986 (Public Law 99–647; 16 the proportion of the increased value of the ducted a special resource study of the Spring U.S.C. 461 note), is amended by adding at the resources attributable to such funds as de- Hill Ranch, located in the Flint Hills of Kan- end the following new subsection: termined at the time of such conversion, use, sas; ‘‘(d) REVISION OF PLAN.—(1) Not later than or disposal, whichever is greater. 1 year after the date of the enactment of this (3) the study concludes that the Spring Hill ‘‘(6) The authority to determine that a Ranch— subsection, the Commission, with the ap- conversion, use, or disposal of resources has proval of the Secretary, shall revise the Cul- (A) is a nationally significant example of been carried out contrary to the purposes of the once vast tallgrass ecosystem, and in- tural Heritage and Land Management Plan. this Act in violation of an agreement entered The revision shall address the boundary cludes buildings listed on the National Reg- into under paragraph (5)(A) shall be solely at ister of Historic Places pursuant to section change and shall include a natural resource the discretion of the Secretary.’’. inventory of areas or features that should be 101 of the National Historic Preservation Act (f) LOCAL AUTHORITY.—Section 5 of the Act (16 U.S.C. 470a) that represent outstanding protected, restored, managed, or acquired be- entitled ‘‘An Act to establish the Blackstone cause of their contribution to the under- examples of Second Empire and other 19th River Valley National Heritage Corridor in Century architectural styles; and standing of national cultural landscape val- Massachusetts and Rhode Island’’, approved ues. (B) is suitable and feasible as a potential November 10, 1986 (Public Law 99–647; 16 addition to the National Park System; and ‘‘(2) No changes other than minor revisions U.S.C. 461 note), is amended by adding at the may be made in the approved plan as amend- (4) the National Park Trust, which owns end the following new subsection: the Spring Hill Ranch, has agreed to permit ed without the approval of the Secretary. ‘‘(j) LOCAL AUTHORITY AND PRIVATE PROP- The Secretary shall approve or disapprove the National Park Service— ERTY NOT AFFECTED.—Nothing in this Act (A) to purchase a portion of the ranch, as any proposed change in the plan, except shall be construed to affect or to authorize minor revisions, in accordance with sub- specified in this subtitle; and the Commission to interfere with— (B) to manage the ranch in order to— section (b).’’. ‘‘(1) the rights of any person with respect (d) EXTENSION OF COMMISSION.—Section 7 of (i) conserve the scenery, natural and his- to private property; or toric objects, and wildlife of the ranch; and the Act entitled ‘‘An Act to establish the ‘‘(2) any local zoning ordinance or land use Blackstone River Valley National Heritage (ii) provide for the enjoyment of the ranch plan of the Commonwealth of Massachusetts in such a manner and by such means as will Corridor in Massachusetts and Rhode Is- or any political subdivision of the Common- land’’, approved November 10, 1986 (Public leave the scenery, natural and historic ob- wealth.’’. jects, and wildlife unimpaired for the enjoy- Law 99–647; 16 U.S.C. 461 note), is amended to (g) AUTHORIZATION OF APPROPRIATIONS.— ment of future generations. read as follows: Notwithstanding any other provision of law (b) PURPOSES.—The purposes of this sub- ‘‘SEC. 7. TERMINATION OF COMMISSION. regarding limitations on funding for heritage title are— ‘‘The Commission shall terminate on the areas, section 10 of the Act entitled ‘‘An Act (1) to preserve, protect, and interpret for date that is 10 years after the date of enact- to establish the Blackstone River Valley Na- the public an example of a tallgrass prairie ment of this section.’’. tional Heritage Corridor in Massachusetts ecosystem on the Spring Hill Ranch, located (e) IMPLEMENTATION OF PLAN.—Subsection and Rhode Island’’, approved November 10, in the Flint Hills of Kansas; and (c) of section 8 of the Act entitled ‘‘An Act 1986 (Public Law 99–647; 16 U.S.C. 461 note), as (2) to preserve and interpret for the public to establish the Blackstone River Valley Na- amended, is further amended: the historic and cultural values represented tional Heritage Corridor in Massachusetts (1) in subsection (a), by striking ‘‘$350,000’’ on the Spring Hill Ranch. and Rhode Island’’, approved November 10, and inserting ‘‘$650,000’’; and 1986 (Public Law 99–647; 16 U.S.C. 461 note), is (2) by amending subsection (b) to read as SEC. 1003. DEFINITIONS. amended to read as follows: follows: In this subtitle: ‘‘(c) IMPLEMENTATION.—(1) To assist in the ‘‘(b) DEVELOPMENT FUNDS.—For fiscal (1) ADVISORY COMMITTEE.—The term ‘‘Advi- implementation of the Cultural Heritage and years 1996, 1997, and 1998, there is authorized sory Committee’’ means the Advisory Com- Land Management Plan in a manner consist- to be appropriated to carry out section 8(c) mittee established under section 1007. ent with purposes of this Act, the Secretary not to exceed $5,000,000.’’. (2) PRESERVE.—The term ‘‘Preserve’’ is authorized to undertake a limited program SEC. 902. ILLINOIS AND MICHIGAN CANAL NA- means the Tallgrass Prairie National Pre- of financial assistance for the purpose of pro- TIONAL HERITAGE CORRIDOR. serve established by section 1004. viding funds for the preservation and res- The Illinois and Michigan Canal National (3) SECRETARY.—The term ‘‘Secretary’’ toration of structures on or eligible for in- Heritage Corridor Act of 1984 (Public Law 98– means the Secretary of the Interior. October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12229

(4) TRUST.—The term ‘‘Trust’’ means the hold harmless, defend and indemnify the (F) Provisions requiring compliance with National Park Trust, Inc., a District of Co- landowner in full from and against any suit, applicable State water laws and Federal and lumbia nonprofit corporation, or any succes- claim, demand or action, liability, judgment, State waste disposal laws (including regula- sor-in-interest. cost or other fee arising out of any claim of tions) and any other applicable law. SEC. 1004. ESTABLISHMENT OF TALLGRASS PRAI- personal injury or property damage that oc- (G) Provisions requiring the Secretary to RIE NATIONAL PRESERVE. curs in connection with the operation of the honor each valid existing oil and gas lease (a) IN GENERAL.—In order to provide for Preserve under the agreement: Provided how- for lands within the boundaries of the Pre- the preservation, restoration, and interpre- ever, That indemnification shall not exceed serve (as described in section 1004(b)) that is tation of the Spring Hill Ranch area of the $3 million per claimant per occurrence. in effect on the date of enactment of this Flint Hills of Kansas, for the benefit and en- (B) The indemnification provision author- Act. joyment of present and future generations, ized by subparagraph (A) shall not include (H) Provisions requiring the Secretary to there is established the Tallgrass Prairie Na- claims for personal injury or property dam- offer to enter into an agreement with each tional Preserve. age proximately caused by the wanton or individual who, as of the date of enactment (b) DESCRIPTION.—The Preserve shall con- willful misconduct of the landowner. of this Act, holds rights for cattle grazing sist of the lands and interests in land, in- (e) UNIT OF THE NATIONAL PARK SYSTEM.— within the boundaries of the Preserve (as de- cluding approximately 10,894 acres, generally The Preserve shall be a unit of the National scribed in section 1004(b)). depicted on the map entitled ‘‘Boundary Park System for all purposes, including the (4) HUNTING AND FISHING.—The Secretary Map, Flint Hills Prairie National Monu- purpose of exercising authority to charge en- may allow hunting and fishing on Federal ment’’ numbered NM–TGP 80,000 and dated trance and admission fees under section 4 of lands within the Preserve. June 1994, more particularly described in the the Land and Water Conservation Fund Act (5) FINANCIAL ANALYSIS.—As part of the de- deed filed at 8:22 a.m. of June 3, 1994, with of 1965 (16 U.S.C. 460l–6a). velopment of the general management plan, the Office of the Register of Deeds in Chase (f) AGREEMENTS AND DONATIONS.— the Secretary shall prepare a financial anal- County, Kansas, and recorded in Book L–106 (1) AGREEMENTS.—The Secretary may ex- ysis indicating how the management of the at pages 328 through 339, inclusive. In the pend Federal funds for the cooperative man- Preserve may be fully supported through case of any difference between the map and agement of private property within the Pre- fees, private donations, and other forms of the legal description, the legal description serve for research, resource management (in- non-Federal funding. shall govern, except that if, as a result of a cluding pest control and noxious weed con- SEC. 1006. LIMITED AUTHORITY TO ACQUIRE. survey, the Secretary determines that there trol, fire protection, and the restoration of (a) IN GENERAL.—The Secretary shall ac- is a discrepancy with respect to the bound- buildings), and visitor protection and use. quire, by donation, not more than 180 acres ary of the Preserve that may be corrected by (2) DONATIONS.—The Secretary may accept, of real property within the boundaries of the making minor changes to the map, the Sec- retain, and expend donations of funds, prop- Preserve (as described in section 1004(b)) and retary shall make changes to the map as ap- erty (other than real property), or services the improvements on the real property. propriate, and the boundaries of the Preserve from individuals, foundations, corporations, (b) PAYMENTS IN LIEU OF TAXES.—For the shall be adjusted accordingly. The map shall or public entities for the purposes of provid- purposes of payments made under chapter 69 be on file and available for public inspection ing programs, services, facilities, or tech- of title 31, United States Code, the real prop- in the appropriate offices of the National nical assistance that further the purposes of erty described in subsection (a)(1) shall be Park Service of the Department of the Inte- this subtitle. deemed to have been acquired for the pur- rior. (g) GENERAL MANAGEMENT PLAN.— poses specified in section 6904(a) of that title. SEC. 1005. ADMINISTRATION OF NATIONAL PRE- (1) IN GENERAL.—Not later than the end of (c) PROHIBITIONS.—No property may be ac- SERVE. the third full fiscal year beginning after the quired under this section without the con- (a) IN GENERAL.—The Secretary shall ad- date of enactment of this Act, the Secretary sent of the owner of the property. The United minister the Preserve in accordance with shall prepare and submit to the Committee States may not acquire fee ownership of any this subtitle, the cooperative agreements de- on Energy and Natural Resources of the Sen- lands within the Preserve other than lands scribed in subsection (f)(1), and the provi- ate and the Committee on Resources of the described in this section. sions of law generally applicable to units of House of Representatives a general manage- SEC. 1007. ADVISORY COMMITTEE. the National Park System, including the Act ment plan for the Preserve. (a) ESTABLISHMENT.—There is established entitled ‘‘An Act to establish a National (2) CONSULTATION.—In preparing the gen- an advisory committee to be known as the Park Service, and for other purposes’’, ap- eral management plan, the Secretary, acting ‘‘Tallgrass Prairie National Preserve Advi- proved August 25, 1916 (16 U.S.C. 1, 2 through through the Director of the National Park sory Committee’’. 4) and the Act of August 21, 1935 (49 Stat. 666; Service, shall consult with— (b) DUTIES.—The Advisory Committee shall 16 U.S.C. 461 et seq.). (A)(i) appropriate officials of the Trust; advise the Secretary and the Director of the (b) APPLICATION OF REGULATIONS.—With and National Park Service concerning the devel- the consent of a private owner of land within (ii) the Advisory Committee; and opment, management, and interpretation of the boundaries of the Preserve, the regula- (B) adjacent landowners, appropriate offi- the Preserve. In carrying out those duties, tions issued by the Secretary concerning the cials of nearby communities, the Kansas De- the Advisory Committee shall provide time- National Park Service that provide for the partment of Wildlife and Parks, and the Kan- ly advice to the Secretary and the Director proper use, management, and protection of sas Historical Society, and other interested during the preparation of the general man- persons, property, and natural and cultural parties. agement plan under section 1005(g). resources shall apply to the private land. (3) CONTENT OF PLAN.—The general man- (c) MEMBERSHIP.—The Advisory Committee (c) FACILITIES.—For purposes of carrying agement plan shall provide for the following: shall consist of 13 members, who shall be ap- out the duties of the Secretary under this (A) Maintaining and enhancing the pointed by the Secretary as follows: subtitle relating to the Preserve, the Sec- tallgrass prairie within the boundaries of the (1) Three members shall be representatives retary may, with the consent of a landowner, Preserve. of the Trust. directly or by contract, construct, recon- (B) Public access and enjoyment of the (2) Three members shall be representatives struct, rehabilitate, or develop essential property that is consistent with the con- of local landowners, cattle ranchers, or other buildings, structures, and related facilities servation and proper management of the his- agricultural interests. including roads, trails, and other interpre- torical, cultural, and natural resources of (3) Three members shall be representatives tive facilities on real property that is not the ranch. of conservation or historic preservation in- owned by the Federal Government and is lo- (C) Interpretive and educational programs terests. cated within the Preserve. covering the natural history of the prairie, (4)(A) One member shall be selected from a (d) LIABILITY.— the cultural history of Native Americans, list of persons recommended by the Chase (1) LIABILITY OF THE UNITED STATES AND ITS and the legacy of ranching in the Flint Hills County Commission in the State of Kansas. OFFICERS AND EMPLOYEES.—Except as other- region. (B) One member shall be selected from a wise provided in this subsection, the liability (D) Provisions requiring the application of list of persons recommended by appropriate of the United States is subject to the terms applicable State law concerning the mainte- officials of Strong City, Kansas, and Cotton- and conditions of the Federal Tort Claims nance of adequate fences within the bound- wood Falls, Kansas. Act, as amended, 28 U.S.C. 2671 et seq., with aries of the Preserve. In any case in which an (C) One member shall be selected from a respect to the claims arising by virtue of the activity of the National Park Service re- list of persons recommended by the Governor Secretaries administration of the Preserve quires fences that exceed the legal fence of the State of Kansas. pursuant to this Act. standard otherwise applicable to the Pre- (5) One member shall be a range manage- (2) LIABILITY OF LANDOWNERS.— serve, the National Park Service shall pay ment specialist representing institutions of (A) The Secretary of the Interior is author- the additional cost of constructing and higher education (as defined in section ized, under such terms and conditions as he maintaining the fences to meet the applica- 1201(a) of the Higher Education Act of 1965 deems appropriate, to include in any cooper- ble requirements for that activity. (20 U.S.C. 1141(a))) in the State of Kansas. ative agreement entered into in accordance (E) Provisions requiring the Secretary to (d) TERMS.— with subsection (f)(1) an indemnification pro- comply with applicable State noxious weed, (1) IN GENERAL.—Each member of the Advi- vision by which the United States agrees to pesticide, and animal health laws. sory Committee shall be appointed to serve H12230 CONGRESSIONAL RECORD — HOUSE October 1, 1996 for a term of 3 years, except that the initial ling Forest Lands’’ and dated July 25, 1996. Commission, to provide such information or members shall be appointed as follows: The Secretary shall consult with the Gov- personnel, to the extent permitted by law (A) Four members shall be appointed, one ernor of any State in which such unreserved and within the limits of available funds, to each from paragraphs (1), (2), (3), and (4) of unappropriated lands are located prior to the Commission as may be useful to accom- subsection (c), to serve for a term of 3 years. carrying out such exchange. The lands ac- plish the purposes of this section. (B) Four members shall be appointed, one quired by the Secretary under this section ‘‘(d) The Commission may hold such hear- each from paragraphs (1), (2), (3), and (4) of shall be transferred to the Palisades Inter- ings, sit and act at such times and places, subsection (c), to serve for a term of 4 years. state Park Commission to be included within take such testimony, and receive such evi- (C) Five members shall be appointed, one the Sterling Forest Reserve. The lands ex- dence as it deems advisable: Provided, That, each from paragraphs (1) through (5) of sub- changed under this section shall be of equal to the maximum extent possible, the Com- section (c), to serve for a term of 5 years. value, as determined by the Secretary utiliz- mission shall use existing data and research. (2) REAPPOINTMENT.—Each member may be ing nationally recognized appraisal stand- The Commission is authorized to use the reappointed to serve a subsequent term. ards. The authority to exchange lands under United States mail in the same manner and (3) EXPIRATION.—Each member shall con- this section shall expire on the date 18 upon the same conditions as other depart- tinue to serve after the expiration of the months after the date of enactment of this ments and agencies of the United States. term of the member until a successor is ap- Act. ‘‘(e) The report shall review the extent of water related recreation at Federal man- pointed. Subtitle C—Additional Provisions (4) VACANCIES.—A vacancy on the Advisory made lakes and reservoirs and shall develop SEC. 1021. RECREATION LAKES. Committee shall be filled in the same man- alternatives to enhance the opportunities for (a) FINDINGS AND PURPOSES.—The Congress ner as an original appointment is made. The such use by the public. In developing the re- finds that the Federal Government, under member appointed to fill the vacancy shall port, the Commission shall— the authority of the Reclamation Act and serve until the expiration of the term in ‘‘(1) review the extent to which recreation other statutes, has developed manmade lakes which the vacancy occurred. components identified in specific authoriza- and reservoirs that have become a powerful (e) CHAIRPERSON.—The members of the Ad- tions associated with individual federal man- magnet for diverse recreational activities visory Committee shall select 1 of the mem- made lakes and reservoirs have been accom- and that such activities contribute to the bers to serve as Chairperson. plished, well-being of families and individuals and (f) MEETINGS.—Meetings of the Advisory ‘‘(2) evaluate the feasibility of enhancing Committee shall be held at the call of the the economic viability of local communities. recreation opportunities at federally-man- Chairperson or the majority of the Advisory The Congress further finds that in order to aged lakes and reservoirs under existing Committee. Meetings shall be held at such further the purposes of the Land and Water statutes, locations and in such a manner as to ensure Conservation Fund, the President should ap- ‘‘(3) consider legislative changes that adequate opportunity for public involve- point an advisory commission to review the would enhance recreation opportunities con- ment. In compliance with the requirements current and anticipated demand for rec- sistent with and subject to the achievement of the Federal Advisory Committee Act (5 reational opportunities at federally-managed of the authorized purposes of federal water U.S.C. App.), the Advisory Committee shall manmade lakes and reservoirs through cre- projects, and choose an appropriate means of providing in- ative partnerships involving Federal, State ‘‘(4) make recommendations on alter- terested members of the public advance no- and local governments and the private sector natives for enhanced recreation opportuni- tice of scheduled meetings. and to develop alternatives for enhanced rec- ties including, but not limited to, the estab- (g) QUORUM.—A majority of the members of reational use of such facilities. lishment of a National Recreation Lake Sys- the Advisory Committee shall constitute a (b) COMMISSION.—The Land and Water Con- tem under which specific lakes would receive quorum. servation Fund Act of 1965 (P.L. 88–578, 78 national designation and which would be (h) COMPENSATION.—Each member of the Stat. 897) is amended by adding at the end managed through innovative partnership- Advisory Committee shall serve without the following new section: based agreements between federal agencies, compensation, except that while engaged in ‘‘SEC. 13. (a) The President shall appoint an State and local units of government, and the official business of the Advisory Committee, advisory commission to review the opportu- private sector. the member shall be entitled to travel ex- nities for enhanced opportunities for water Any such alternatives shall be consistent penses, including per diem in lieu of subsist- based recreation which shall submit a report with and subject to the authorized purposes ence in the same manner as persons em- to the President and to the Committee on for any manmade lakes and reservoirs and ployed intermittently in Government service Energy and Natural Resources of the Senate shall emphasize private sector initiatives in under section 5703 of title 5, United States and in the House of Representatives to the concert with State and local units of govern- Code. Committee on Transportation and Infra- ment.’’. (i) CHARTER.—The rechartering provisions structure and the Committee on Resources SEC. 1022. BISTI/DE-NA-ZIN WILDERNESS EXPAN- of section 14(b) of the Federal Advisory Com- of the House of Representatives within one SION AND FOSSIL FOREST PROTEC- mittee Act (5 U.S.C. App.) shall not apply to year from the date of enactment of this sec- TION. the Advisory Committee. tion. (a) SHORT TITLE.—This section may be ‘‘(b) The members of the Commission shall cited as the ‘‘Bisti/De-Na-Zin Wilderness Ex- SEC. 1008. RESTRICTION ON AUTHORITY. include— pansion and Fossil Forest Protection Act’’. Nothing in this subtitle shall give the Sec- ‘‘(1) the Secretary of the Interior, or his (b) WILDERNESS DESIGNATION.—Section 102 retary authority to regulate lands outside designee; of the San Juan Basin Wilderness Protection the land area acquired by the Secretary ‘‘(2) the Secretary of the Army, or his des- Act of 1984 (98 Stat. 3155) is amended— under section 1006(a). ignee; (1) in subsection (a)— SEC. 1009. AUTHORIZATION OF APPROPRIATIONS. ‘‘(3) the Chairman of the Tennessee Valley (A) by striking ‘‘wilderness, and, there- There are authorized to be appropriated to Authority, or his designee; fore,’’ and all that follows through ‘‘Sys- the Department of the Interior such sums as ‘‘(4) the Secretary of Agriculture, or his tem—’’ and inserting ‘‘wilderness areas, and are necessary to carry out this subtitle. designee; as one component of the National Wilderness Subtitle B—Sterling Forest ‘‘(5) a person nominated by the National Preservation System, to be known as the SEC. 1011. PALISADES INTERSTATE PARK COM- Governor’s Association; and ‘Bisti/De-Na-Zin Wilderness’—’’; MISSION. ‘‘(6) four persons familiar with the inter- (B) in paragraph (1), by striking ‘‘, and (a) FUNDING.—The Secretary of the Interior ests of the recreation and tourism industry, which shall be known as the Bisti Wilder- is authorized to provide funding to the Pali- conservation and recreation use, Indian ness; and’’ and inserting a semicolon; sades Interstate Park Commission to be used tribes, and local governments, at least one of (C) in paragraph (2), by striking ‘‘, and for the acquisition of lands and interests in whom shall be familiar with the economics which shall be known as the De-Na-Zin Wil- lands within the area generally depicted on and financing of recreation related infra- derness.’’ and inserting ‘‘; and’’; and the map entitled ‘‘Boundary Map, Sterling structure. (D) by adding at the end the following new Forest Reserve’’, numbered SFR–60,001 and ‘‘(c) The President shall appoint one mem- paragraph: dated July 1, 1994. There are authorized to be ber to serve as Chairman. Any vacancy on ‘‘(3) certain lands in the Farmington Dis- appropriated for purposes of this section not the Commission shall be filled in the same trict of the Bureau of Land Management, more than $17,500,000. No funds made avail- manner as the original appointment. Mem- New Mexico, which comprise approximately able under this section may be used for the bers of the Commission shall serve without 16,525 acres, as generally depicted on a map acquisition of any lands or interest in lands compensation but shall be reimbursed for entitled ‘Bisti/De-Na-Zin Wilderness Amend- without the consent of the owner thereof. travel, subsistence, and other necessary ex- ment Proposal’, dated May 1992.’’; (b) LAND EXCHANGE.—The Secretary of the penses incurred by them in the performance (2) in the first sentence of subsection (c), Interior is authorized to exchange unre- of their duties. The Secretary of the Interior by inserting after ‘‘of this Act’’ the follow- served unappropriated Federal lands under shall provide all financial, administrative, ing: ‘‘with regard to the areas described in the administrative jurisdiction of the Sec- and staffing requirements for the Commis- paragraphs (1) and (2) of subsection (a), and retary for the lands comprising approxi- sion, including office space, furnishings, and as soon as practicable after the date of en- mately 2,220 acres depicted on the map enti- equipment. The heads of other Federal agen- actment of subsection (a)(3) with regard to tled ‘‘Sterling Forest, Proposed Sale of Ster- cies are authorized, at the request of the the area described in subsection (a)(3)’’; October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12231 (3) in subsection (d), by inserting after ‘‘of Wilderness Protection Act of 1984 (98 Stat. inventory of all categories of fossil resources this Act’’ the following: ‘‘with regard to the 3156) is amended to read as follows: within the Area. After the inventory is de- areas described in paragraphs (1) and (2) of ‘‘SEC. 103. FOSSIL FOREST RESEARCH NATURAL veloped, the Secretary shall conduct mon- subsection (a), and where established prior to AREA. itoring surveys at intervals specified in the the date of enactment of subsection (a)(3) ‘‘(a) ESTABLISHMENT.—To conserve and pro- management plan developed for the Area in with regard to the area described in sub- tect natural values and to provide scientific accordance with subsection (e). section (a)(3)’’; and knowledge, education, and interpretation for ‘‘(e) MANAGEMENT PLAN.— (4) by adding at the end the following new the benefit of future generations, there is es- ‘‘(1) IN GENERAL.—Not later than 5 years subsection: tablished the Fossil Forest Research Natural after the date of enactment of this Act, the ‘‘(e)(1) Subject to valid existing rights, the Area (referred to in this section as the Secretary of the Interior shall develop and lands described in subsection (a)(3) are with- ‘Area’), consisting of the approximately 2,770 submit to the Committee on Energy and drawn from all forms of appropriation under acres in the Farmington District of the Bu- Natural Resources of the Senate and the the mining laws and from disposition under reau of Land Management, New Mexico, as Committee on Natural Resources of the all laws pertaining to mineral leasing, geo- generally depicted on a map entitled ‘Fossil House of Representatives a management thermal leasing, and mineral material sales. Forest’, dated June 1983. plan that describes the appropriate uses of ‘‘(2) The Secretary of the Interior may ‘‘(b) MAP AND LEGAL DESCRIPTION.— the Area consistent with this Act. issue coal leases in New Mexico in exchange ‘‘(1) IN GENERAL.—As soon as practicable ‘‘(2) CONTENTS.—The management plan for any preference right coal lease applica- after the date of enactment of this para- shall include— tion within the area described in subsection graph, the Secretary of the Interior shall file ‘‘(A) a plan for the implementation of a (a)(3). Such exchanges shall be made in ac- a map and legal description of the Area with continuing cooperative program with other cordance with applicable existing laws and the Committee on Energy and Natural Re- agencies and groups for— regulations relating to coal leases after a de- sources of the Senate and the Committee on ‘‘(i) laboratory and field interpretation; termination has been made by the Secretary Natural Resources of the House of Rep- and that the applicant is entitled to a preference resentatives. ‘‘(ii) public education about the resources right lease and that the exchange is in the ‘‘(2) FORCE AND EFFECT.—The map and legal and values of the Area (including vertebrate public interest. description described in paragraph (1) shall fossils); ‘‘(3) Operations on oil and gas leases issued have the same force and effect as if included ‘‘(B) provisions for vehicle management prior to the date of enactment of subsection in this Act. that are consistent with the purpose of the (a)(3) shall be subject to the applicable provi- ‘‘(3) TECHNICAL CORRECTIONS.—The Sec- Area and that provide for the use of vehicles sions of Group 3100 of title 43, Code of Fed- retary of the Interior may correct clerical, to the minimum extent necessary to accom- eral Regulations (including section 3162.5–1), typographical, and cartographical errors in plish an individual scientific project; and such other terms, stipulations, and con- the map and legal description subsequent to ‘‘(C) procedures for the excavation and col- ditions as the Secretary of the Interior con- filing the map pursuant to paragraph (1). lection of fossil remains, including botanical siders necessary to avoid significant disturb- ‘‘(4) PUBLIC INSPECTION.—The map and fossils, and the use of motorized and mechan- ance of the land surface or impairment of the legal description shall be on file and avail- ical equipment to the minimum extent nec- ecological, educational, scientific, rec- able for public inspection in the Office of the essary to accomplish an individual scientific reational, scenic, and other wilderness val- Director of the Bureau of Land Management, project; and ues of the lands described in subsection (a)(3) Department of the Interior. ‘‘(D) mitigation and reclamation standards in existence on the date of enactment of sub- ‘‘(c) MANAGEMENT.— for activities that disturb the surface to the section (a)(3). In order to satisfy valid exist- ‘‘(1) IN GENERAL.—The Secretary of the In- detriment of scenic and environmental val- ing rights on the lands described in sub- terior, acting through the Director of the ues.’’. section (a)(3), the Secretary of the Interior Bureau of Land Management, shall manage may exchange any oil and gas lease within SEC. 1023. OPAL CREEK WILDERNESS AND SCE- the Area— NIC RECREATION AREA. this area for an unleased parcel outside this ‘‘(A) to protect the resources within the (a) DEFINITIONS.—In this section: area of like mineral estate and with similar Area; and (1) BULL OF THE WOODS WILDERNESS.—The appraised mineral values.’’. ‘‘(B) in accordance with this Act, the Fed- term ‘‘Bull of the Woods Wilderness’’ means (c) EXCHANGES FOR STATE LANDS.—Section eral Land Policy and Management Act of the land designated as wilderness by section 104 of the San Juan Basin Wilderness Protec- 1976 (43 U.S.C. 1701 et seq.), and other appli- tion Act of 1984 (98 Stat. 3156) is amended— 3(4) of the Oregon Wilderness Act of 1984 cable provisions of law. (1) in the first sentence of subsection (b), (Public Law 98–328; 16 U.S.C. 1132 note). ‘‘(2) MINING.— PAL CREEK WILDERNESS.—The term by inserting after ‘‘of this Act’’ the follow- (2) O ‘‘(A) WITHDRAWAL.—Subject to valid exist- ‘‘Opal Creek Wilderness’’ means certain land ing: ‘‘with regard to the areas described in ing rights, the lands within the Area are in the Willamette National Forest in the paragraphs (1) and (2) of subsection (a), and withdrawn from all forms of appropriation State of Oregon comprising approximately not later than 120 days after the date of en- under the mining laws and from disposition 12,800 acres, as generally depicted on the map actment of subsection (a)(3) with regard to under all laws pertaining to mineral leasing, entitled ‘‘Proposed Opal Creek Wilderness the area described in subsection (a)(3)’’; geothermal leasing, and mineral material and Scenic Recreation Area’’, dated July (2) in subsection (c), by inserting before the sales. 1996. period the following: ‘‘with regard to the ‘‘(B) COAL PREFERENCE RIGHTS.—The Sec- (3) SCENIC RECREATION AREA.—The term areas described in paragraphs (1) and (2) of retary of the Interior is authorized to issue ‘‘Scenic Recreation Area’’ means the Opal subsection (a), and as of the date of enact- coal leases in New Mexico in exchange for Creek Scenic Recreation Area, comprising ment of subsection (a)(3) with regard to the any preference right coal lease application approximately 13,000 acres, as generally de- area described in subsection (a)(3)’’; and within the Area. Such exchanges shall be picted on the map entitled ‘‘Proposed Opal (3) in the last sentence of subsection (d), by made in accordance with applicable existing Creek Wilderness and Scenic Recreation inserting before the period the following: laws and regulations relating to coal leases Area’’, dated July 1996 and established under ‘‘with regard to the areas described in para- after a determination has been made by the subsection (c)(1)(C). graphs (1) and (2) of subsection (a), and not Secretary that the applicant is entitled to a (4) SECRETARY.—The term ‘‘Secretary’’ later than 2 years after the date of enact- preference right lease and that the exchange means the Secretary of Agriculture. ment of subsection (a)(3) with regard to the is in the public interest. (b) PURPOSES.—The purposes of this section area described in subsection (a)(3)’’. ‘‘(C) OIL AND GAS LEASES.—Operations on are— (d) EXCHANGES FOR INDIAN LANDS.—Section (1) to establish a wilderness and scenic 105 of the San Juan Basin Wilderness Protec- oil and gas leases issued prior to the date of tion Act of 1984 (98 Stat. 3157) is amended by enactment of this paragraph shall be subject recreation area to protect and provide for adding at the end the following new sub- to the applicable provisions of Group 3100 of the enhancement of the natural, scenic, rec- section: title 43, Code of Federal Regulations (includ- reational, historic and cultural resources of ‘‘(d)(1) The Secretary of the Interior shall ing section 3162.5–1), and such other terms, the area in the vicinity of Opal Creek; exchange any lands held in trust for the Nav- stipulations, and conditions as the Secretary (2) to protect and support the economy of ajo Tribe by the Bureau of Indian Affairs of the Interior considers necessary to avoid the communities in the Santiam Canyon; that are within the boundary of the area de- significant disturbance of the land surface or and scribed in subsection (a)(3). impairment of the natural, educational, and (3) to provide increased protection for an ‘‘(2) The lands shall be exchanged for lands scientific research values of the Area in ex- important drinking water source for commu- within New Mexico approximately equal in istence on the date of enactment of this nities served by the North Santiam River. value that are selected by the Navajo Tribe. paragraph. (c) ESTABLISHMENT OF OPAL CREEK WILDER- ‘‘(3) After the exchange, the lands selected ‘‘(3) GRAZING.—Livestock grazing on lands NESS AND SCENIC RECREATION AREA.— by the Navajo Tribe shall be held in trust by within the Area may not be permitted. (1) ESTABLISHMENT.—On a determination the Secretary of the Interior in the same ‘‘(d) INVENTORY.—Not later than 3 full fis- by the Secretary under paragraph (2)— manner as the lands described in paragraph cal years after the date of enactment of this (A) the Opal Creek Wilderness, as depicted (1).’’. subsection, the Secretary of the Interior, on the map described in subsection (a)(2), is (e) FOSSIL FOREST RESEARCH NATURAL acting through the Director of the Bureau of hereby designated as wilderness, subject to AREA.—Section 103 of the San Juan Basin Land Management, shall develop a baseline the provisions of the Wilderness Act of 1964, H12232 CONGRESSIONAL RECORD — HOUSE October 1, 1996 shall become a component of the National cluded in and become a part of the Opal conditions as the Secretary may determine Wilderness System, and shall be known as Creek Wilderness. to be necessary; and the Opal Creek Wilderness; (d) ADMINISTRATION OF THE SCENIC RECRE- (v) restricts construction or improvement (B) the part of the Bull of the Woods Wil- ATION AREA.— of forest road 2209 beyond the gate to the derness that is located in the Willamette Na- (1) IN GENERAL.—The Secretary shall ad- Scenic Recreation Area to maintaining the tional Forest shall be incorporated into the minister the Scenic Recreation Area in ac- character of the road as it existed upon the Opal Creek Wilderness; and cordance with this section and the laws (in- date of enactment of this Act, which shall (C) the Secretary shall establish the Opal cluding regulations) applicable to the Na- not include paving or widening. Creek Scenic Recreation Area in the Willam- tional Forest System. In order to comply with subsection (f)(2), the ette National Forest in the State of Oregon, (2) OPAL CREEK MANAGEMENT PLAN.— Secretary may make improvements to forest comprising approximately 13,000 acres, as (A) IN GENERAL.—Not later than 2 years road 2209 and its bridge structures consistent generally depicted on the map described in after the date of establishment of the Scenic with the character of the road as it existed subsection (a)(3). Recreation Area, the Secretary, in consulta- on the date of enactment of this Act. (2) CONDITIONS.—The designations in para- tion with the advisory committee estab- (5) HUNTING AND FISHING.— graph (1) shall not take effect unless the Sec- lished under subsection (e)(1), shall prepare a (A) IN GENERAL.—Subject to applicable retary makes a determination, not later comprehensive Opal Creek Management Plan Federal and State law, the Secretary shall than 2 years after the date of enactment of (Management Plan) for the Scenic Recre- permit hunting and fishing in the Scenic this title, that the following conditions have ation Area. Recreation Area. been met: (B) INCORPORATION IN LAND AND RESOURCE (B) LIMITATION.—The Secretary may des- (A) the following have been donated to the MANAGEMENT PLAN.—Upon its completion, ignate zones in which, and establish periods United States in an acceptable condition and the Opal Creek Management Plan shall be- when, no hunting or fishing shall be per- without encumbrances: come part of the land and resource manage- mitted for reasons of public safety, adminis- (i) all right, title, and interest in the fol- ment plan for the Willamette National For- tration, or public use and enjoyment of the lowing patented parcels of land— est and supersede any conflicting provision Scenic Recreation Area. (I) Santiam Number 1, mineral survey in such land and resource management (C) CONSULTATION.—Except during an number 992, as described in patent number 39–92–0002, dated December 11, 1991; plan.Nothing in this paragraph shall be con- emergency, as determined by the Secretary, (II) Ruth Quartz Mine Number 2, mineral strued to supersede the requirements of the the Secretary shall consult with the Oregon survey number 994, as described in patent Endangered Species Act or the National For- State Department of Fish and Wildlife before number 39–91–0012, dated February 12, 1991; est Management Act or regulations promul- issuing any regulation under this subsection. (III) Morning Star Lode, mineral survey gated under those Acts, or any other law. (6) TIMBER CUTTING.— number 993, as described in patent number (C) REQUIREMENTS.—The Opal Creek Man- (A) IN GENERAL.—Subject to subparagraph 36–91–0011, dated February 12, 1991; agement Plan shall provide for a broad range (B), the Secretary shall prohibit the cutting (ii) all right, title, and interest held by any of land uses, including— and/or selling of trees in the Scenic Recre- entity other than the Times Mirror Land and (i) recreation; ation Area. Timber Company, its successors and assigns, (ii) harvesting of nontraditional forest (B) PERMITTED CUTTING.— in and to lands located in section 18, town- products, such as gathering mushrooms and (i) IN GENERAL.—Subject to clause (ii), the ship 8 south, range 5 east, Marion County, material to make baskets; and Secretary may allow the cutting of trees in Oregon, Eureka numbers 6, 7, 8, and 13 min- (iii) educational and research opportuni- the Scenic Recreation Area only— ing claims; and ties. (I) for public safety, such as to control the (iii) an easement across the Hewitt, Star- (D) PLAN AMENDMENTS.—The Secretary continued spread of a forest fire in the Sce- vation, and Poor Boy Mill Sites, mineral sur- may amend the Opal Creek Management nic Recreation Area or on land adjacent to vey number 990, as described in patent num- Plan as the Secretary may determine to be the Scenic Recreation Area; ber 36–91–0017, dated May 9, 1991. In the sole necessary, consistent with the procedures (II) for activities related to administration discretion of the Secretary, such easement and purposes of this section. of the Scenic Recreation Area, consistent may be limited to administrative use if an (3) CULTURAL AND HISTORIC RESOURCE IN- with the Opal Creek Management Plan; or alternative access route, adequate and ap- VENTORY.— (III) for removal of hazard trees along propriate for public use, is provided. (A) IN GENERAL.—Not later than 1 year trails and roadways. (B) a binding agreement has been executed after the date of establishment of the Scenic (ii) SALVAGE SALES.—The Secretary may by the Secretary and the owners of record as Recreation Area, the Secretary shall review not allow a salvage sale in the Scenic Recre- of March 29, 1996, of the following interests, and revise the inventory of the cultural and ation Area. specifying the terms and conditions for the historic resources on the public land in the (7) WITHDRAWAL. disposition of such interests to the United Scenic Recreation Area developed pursuant (A) subject to valid existing rights, all States Government— to the Oregon Wilderness Act of 1984 (Public lands in the scenic recreation area are with- (i) The lode mining claims known as Prin- Law 98–328; 16 U.S.C. 1132). drawn from— cess Lode, Black Prince Lode, and King (B) INTERPRETATION.—Interpretive activi- (i) any form of entry, appropriation, or dis- Number 4 Lode, embracing portions of sec- ties shall be developed under the manage- posal under the public land laws; tions 29 and 32, township 8 south, range 5 ment plan in consultation with State and (ii) location, entry, and patent under the east, Willamette Meridian, Marion County, local historic preservation organizations and mining laws; and Oregon, the claims being more particularly shall include a balanced and factual inter- (iii) disposition under the mineral and geo- described in the field notes and depicted on pretation of the cultural, ecological, and in- thermal leasing laws. the plat of mineral survey number 887, Or- dustrial history of forestry and mining in (8) BORNITE PROJECT.— egon; and the Scenic Recreation Area. (A) Nothing in this section shall be con- (ii) Ruth Quartz Mine Number 1, mineral (4) TRANSPORTATION PLANNING.— strued to interfere with or approve any ex- survey number 994, as described in patent (A) IN GENERAL.—Except as provided in this ploration, mining, or mining-related activity number 39–91–0012, dated February 12, 1991. subparagraph, motorized vehicles shall not in the Bornite Project Area, depicted on the (3) ADDITIONS TO THE WILDERNESS AND SCE- be permitted in the Scenic Recreation map described in subsection (a)(3), conducted NIC RECREATION AREAS.— Area.To maintain reasonable motorized and in accordance with applicable laws. (A) Lands or interests in lands conveyed to other access to recreation sites and facilities (B) Nothing in this section shall be con- the United States under this subsection shall in existence on the date of enactment of this strued to interfere with the ability of the be included in and become part of, as appro- title, the Secretary shall prepare a transpor- Secretary to approve and issue, or deny, spe- priate, Opal Creek Wilderness or the Opal tation plan for the Scenic Recreation Area cial use permits in connection with explo- Creek Scenic Recreation Area. that— ration, mining, and mining-related activities (B) On acquiring all or substantially all of (i) evaluates the road network within the in the Bornite Project Area. the land located in section 36, township 8 Scenic Recreation Area to determine which (C) Motorized vehicles, roads, structures, south, range 4 east, of the Willamette Merid- roads should be retained and which roads and utilities (including but not limited to ian, Marion County, Oregon, commonly should be closed; power lines and water lines) may be allowed known as the Rosboro section by exchange, (ii) provides guidelines for transportation inside the Scenic Recreation Area to serve purchase from a willing seller, or by dona- and access consistent with this section; the activities conducted on land within the tion, the Secretary shall expand the bound- (iii) considers the access needs of persons Bornite Project. ary of the Scenic Recreation Area to include with disabilities in preparing the transpor- (D) After the date of enactment of this such land. tation plan for the Scenic Recreation Area; Act, no patent shall be issued for any mining (C) On acquiring all or substantially all of (iv) allows forest road 2209 beyond the gate claim under the general mining laws located the land located in section 18, township 8 to the Scenic Recreation Area, as depicted within the Bornite Project Area. south, range 5 east, Marion County, Oregon, on the map described in subsection (a)(2), to (9) WATER IMPOUNDMENTS.—Notwithstand- commonly known as the Times Mirror prop- be used by motorized vehicles only for ad- ing the Federal Power Act (16 U.S.C. 791a et erty, by exchange, purchase from a willing ministrative purposes and for access by pri- seq.), the Federal Energy Regulatory Com- seller, or by donation, such land shall be in- vate inholders, subject to such terms and mission may not license the construction of October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12233 any dam, water conduit, reservoir, power- Wilderness and Scenic Recreation Area, eco- the Forest Service, Department of Agri- house, transmission line, or other project nomic development interests and Indian culture. work in the Scenic Recreation Area, except tribes. (4) SAVINGS PROVISION.—Nothing in this as may be necessary to comply with the pro- (3) STAGGERED TERMS.—Members of the ad- section shall interfere with any activity for visions of paragraph (8) with regard to the visory council shall serve for staggered which a special use permit has been issued, Bornite Project. terms of 3 years. has not been revoked, and has not expired, (10) RECREATION.— (4) CHAIRMAN.—The Secretary shall des- before the date of enactment of this Act, (A) RECOGNITION.—Congress recognizes ignate 1 member of the advisory council as subject to the terms of the permit. recreation as an appropriate use of the Sce- chairman. (g) ROSBORO LAND EXCHANGE.— nic Recreation Area. (5) VACANCIES.—The Secretary shall fill a (1) AUTHORIZATION.—Notwithstanding any (B) MINIMUM LEVELS.—The management vacancy on the advisory council in the same other law, if the Rosboro Lumber Company plan shall permit recreation activities at not manner as the original appointment. (referred to in this subsection as ‘‘Rosboro’’) less than the levels in existence on the date (6) COMPENSATION.—Members of the advi- offers and conveys marketable title to the of enactment of this Act. sory council shall receive no compensation United States to the land described in para- (C) HIGHER LEVELS.—The management plan for their service on the advisory council. graph (2), the Secretary of Agriculture shall may provide for levels of recreation use convey all right, title and interest held by (f) GENERAL PROVISIONS.— higher than the levels in existence on the the United States to sufficient lands de- (1) LAND ACQUISITION.— date of enactment of this Act if such uses are scribed in paragraph (3) to Rosboro, in the (A) IN GENERAL.—Subject to the other pro- consistent with the protection of the re- order in which they appear in this sub- visions of this section, the Secretary may ac- source values of Scenic Recreation Area. section, as necessary to satisfy the equal quire any lands or interests in land in the (D) The management plan may include value requirements of paragraph (4). Scenic Recreation Area or the Opal Creek public trail access through section 28, town- (2) LAND TO BE OFFERED BY ROSBORO.—The Wilderness that the Secretary determines ship 8 south, range 5 east, Willamette Merid- land referred to in paragraph (1) as the land are needed to carry out this section. ian, to Battle Axe Creek, Opal Pool and to be offered by Rosboro shall comprise Sec- (B) PUBLIC LAND.—Any lands or interests in other areas in the Opal Creek Wilderness and tion 36, Township 8 South, Range 4 East, Wil- land owned by a State or a political subdivi- the Opal Creek Scenic Recreation Area. lamette Meridian. sion of a State may be acquired only by do- (11) PARTICIPATION.—So that the knowl- (3) LAND TO BE CONVEYED BY THE UNITED nation or exchange. edge, expertise, and views of all agencies and STATES.—The land referred to in paragraph groups may contribute affirmatively to the (C) CONDEMNATION.—Within the boundaries (1) as the land to be conveyed by the United most sensitive present and future use of the of the Opal Creek Wilderness or the Scenic States shall comprise sufficient land from Scenic Recreation Area and its various sub- Recreation Area, the Secretary may not ac- the following prioritized list to be of equal areas for the benefit of the public: quire any privately owned land or interest in value under paragraph (4): (A) ADVISORY COUNCIL.—The Secretary land without the consent of the owner unless (A) Section 5, Township 17 South, Range 4 shall consult on a periodic and regular basis the Secretary finds that— East, Lot 7 (37.63 acres); with the advisory council established under (i) the nature of land use has changed sig- (B) Section 2, Township 17 South, Range 4 subsection (e) with respect to matters relat- nificantly, or the landowner has dem- East, Lot 3 (29.28 acres); ing to management of the Scenic Recreation onstrated intent to change the land use sig- (C) Section 13, Township 17 South, Range 4 Area. nificantly, from the use that existed on the East, S1⁄2 SE1⁄4 (80 acres); (B) PUBLIC PARTICIPATION.—The Secretary date of the enactment of this Act; and (D) Section 2, Township 17 South, Range 4 shall seek the views of private groups, indi- (ii) acquisition by the Secretary of the East, SW1⁄4 SW1⁄4 (40 acres); viduals, and the public concerning the Sce- land or interest in land is essential to ensure (E) Section 2, Township 17 South, Range 4 nic Recreation Area. use of the land or interest in land in accord- East, NW1⁄4 SE1⁄4 (40 acres); (C) OTHER AGENCIES.—The Secretary shall ance with the purposes of this title or the (F) Section 8, Township 17 South, Range 4 seek the views and assistance of, and cooper- management plan prepared under subsection East, SE1⁄4 SW1⁄4 (40 acres); ate with, any other Federal, State, or local (d)(2). (G) Section 11, Township 17 South, Range 4 agency with any responsibility for the zon- (D) Nothing in this section shall be con- East, W1⁄2 NW1⁄4 (80 acres); ing, planning, or natural resources of the strued to enhance or diminish the condemna- (4) EQUAL VALUE.—The land and interests Scenic Recreation Area. tion authority available to the Secretary in land exchanged under this subsection (D) NONPROFIT AGENCIES AND ORGANIZA- outside the boundaries of the Opal Creek shall be of equal market value as determined TIONS.—The Secretary shall seek the views of Wilderness or the Scenic Recreation Area. by nationally recognized appraisal stand- any nonprofit agency or organization that (2) ENVIRONMENTAL RESPONSE ACTIONS AND ards, including, to the extent appropriate, may contribute information or expertise COST RECOVERY.— the Uniform Standards for Federal Land Ac- about the resources and the management of (A) RESPONSE ACTIONS.—Nothing in this quisition, the Uniform Standards of Profes- the Scenic Recreation Area. section shall limit the authority of the Sec- sional Appraisal Practice, or shall be equal- (e) ADVISORY COUNCIL.— retary or a responsible party to conduct an ized by way of payment of cash pursuant to (1) ESTABLISHMENT.—not later than 90 days environmental response action in the Scenic the provisions of section 206(d) of the Federal after the establishment of the scenic recre- Recreation Area in connection with the re- Land Policy and Management Act of 1976 (43 ation area, the secretary shall establish an lease, threatened release, or cleanup of a U.S.C. 1716(d)), and other applicable law. The advisory council for the scenic recreation hazardous substance, pollutant, or contami- appraisal shall consider access costs for the area. nant, including a response action conducted parcels involved. (2) MEMBERSHIP.—the advisory council under the Comprehensive Environmental Re- (5) TIMETABLE.— shall consist of not more than 13 members, of sponse, Compensation, and Liability Act of (A) The exchange directed by this sub- whom— 1980 (42 U.S.C. 9601 et seq.). section shall be consummated not later than (A) 1 member shall represent Marion Coun- (B) LIABILITY.—Nothing in this section 120 days after the date Rosboro offers and ty, Oregon, and shall be designated by the shall limit the authority of the Secretary or conveys the property described in paragraph governing body of the county; a responsible party to recover costs related (2) to the United States. (B) 1 member shall represent the State of to the release, threatened release, or cleanup (B) The authority provided by this sub- Oregon and shall be designated by the Gov- of any hazardous substance or pollutant or section shall lapse if Rosboro fails to offer ernor of Oregon; and contaminant in the Scenic Recreation Area. the land described in paragraph (2) within 2 (C) 1 member shall represent the City of (3) MAPS AND DESCRIPTION.— years after the date of enactment of this Salem, and shall be designated by the mayor (A) IN GENERAL.—As soon as practicable Act. of Salem, Oregon; after the date of enactment of this Act, the (6) CHALLENGE.—Rosboro shall have the (D) 1 member from a city within a 25 mile Secretary shall file a map and a boundary right to challenge in United States District radius of the Opal Creek Scenic Recreation description for the Opal Creek Wilderness Court for the District of Oregon a determina- Area, to be designated by the Governor of and for the Scenic Recreation Area with the tion of marketability under paragraph (1) the State of Oregon from a list of candidates Committee on Resources of the House of and a determination of value for the lands provided by the mayors of the cities located Representatives and the Committee on En- described in paragraphs (2) and (3) by the within a 25 mile radius of the Opal Creek ergy and Natural Resources of the Senate. Secretary of Agriculture. The court shall Scenic Recreation Area; and (B) FORCE AND EFFECT.—The boundary de- have the authority to order the Secretary to (E) not more than 9 members shall be ap- scription and map shall have the same force complete the transaction contemplated in pointed by the Secretary from among per- and effect as if the description and map were this subsection. sons who, individually or through associa- included in this section, except that the Sec- (7) AUTHORIZATION OF APPROPRIATIONS.— tion with a national or local organization, retary may correct clerical and typo- There are authorized to be appropriated such have an interest in the administration of the graphical errors in the boundary description sums as are necessary to carry out this sub- Scenic Recreation Area, including, but not and map. section. limited to, representatives of the timber in- (C) AVAILABILITY.—The map and boundary (h) DESIGNATION OF ELKHORN CREEK AS A dustry, environmental organizations, the description shall be on file and available for WILD AND SCENIC RIVER.—Section 3(a) of the mining industry, inholders in the Opal Creek public inspection in the Office of the Chief of Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) H12234 CONGRESSIONAL RECORD — HOUSE October 1, 1996

is amended by adding at the end the follow- (2) WORKING GROUP.—The term ‘‘Working Secretary or his designee, up to a total ing: Group’’ means the Upper Klamath Basin amount of $1,000,000 during each of fiscal ‘‘( )(A) ELKHORN CREEK.—The 6.4-mile seg- Working Group, established before the date years 1997 through 2001. ment traversing federally administered lands of enactment of this title, consisting of (3) Funds made available under this title from that point along the Willamette Na- members nominated by their represented through the Department of the Interior or tional Forest boundary on the common sec- groups, including— the Department of Agriculture shall be dis- tion line between Sections 12 and 13, Town- (A) 3 tribal members; tributed through the Ecosystem Restoration ship 9 South, Range 4 East, Willamette Me- (B) 1 representative of the city of Klamath Office. ridian, to that point where the segment Falls, Oregon; (4) The Ecosystem Restoration Office may leaves Federal ownership along the Bureau (C) 1 representative of Klamath County, utilize not more than 15 percent of all Fed- of Land Management boundary in Section 1, Oregon; eral funds administered under this section Township 9 South, Range 3 East, Willamette (D) 1 representative of institutions of high- for administrative costs relating to the im- Meridian, in the following classes: er education in the Upper Klamath Basin; plementation of this section. ‘‘(i) a 5.8-mile wild river area, extending (E) 4 representatives of the environmental (5) All funding recommendations developed from that point along the Willamette Na- community, including at least one such rep- by the Working Group shall be based on a tional Forest boundary on the common sec- resentative from the State of California with consensus of Working Group members. tion line between Sections 12 and 13, Town- interests in the Klamath Basin National (c) COORDINATION.—(1) The Secretary shall ship 9 South, Range 4 East, Willamette Me- Wildlife Refuge Complex; formulate a cooperative agreement among ridian, to its confluence with Buck Creek in (F) 4 representatives of local businesses the Working Group, the Task Force, the Section 1, Township 9 South, Range 3 East, and industries, including at least one rep- Trinity Task Force and the Compact Com- Willamette Meridian, to be administered as resentative of the forest products industry mission for the purposes of ensuring that agreed on by the Secretaries of Agriculture and one representative of the ocean commer- projects proposed and funded through the and the Interior, or as directed by the Presi- cial fishing industry and/or the recreational Working Group are consistent with other dent; and fishing industry based in either Oregon or basin-wide fish and wildlife restoration and ‘‘(ii) a 0.6-mile scenic river area, extending California; conservation plans, including but not limited from the confluence with Buck Creek in Sec- (G) 4 representatives of the ranching and to plans developed by the Task Force and the tion 1, Township 9 South, Range 3 East, Wil- farming community, including representa- Compact Commission; lamette Meridian, to that point where the tives of Federal lease-land farmers and (2) To the greatest extent practicable, the segment leaves Federal ownership along the ranchers and of private land farmers and Working Group shall provide notice to, and Bureau of Land Management boundary in ranchers in the Upper Klamath Basin; accept input from, two members each of the Section 1, Township 9 South, Range 3 East, (H) 2 representatives from State of Oregon Task Force, the Trinity Task Force, and the Willamette Meridian, to be administered by agencies with authority and responsibility in Compact Commission, so appointed by those the Secretary of Interior, or as directed by the Klamath River Basin, including one from entities, for the express purpose of facilitat- the President. the Oregon Department of Fish and Wildlife ing better communication and coordination ‘‘(B) Notwithstanding section 3(b) of this and one from the Oregon Water Resources regarding additional basin-wide fish and Act, the lateral boundaries of both the wild Department; wildlife and ecosystem restoration and plan- river area and the scenic river area along (I) 4 representatives from the local commu- ning efforts.The roles and relationships of Elkhorn Creek shall include an average of nity; and the entities involved shall be clarified in the not more than 640 acres per mile measured (J) One representative each from the fol- cooperative agreement. from the ordinary high water mark on both lowing Federal resource management agen- (d) PUBLIC MEETINGS.—The Working Group sides of the river.’’. cies in the Upper Klamath Basin: Fish and shall conduct all meetings subject to Federal (i) ECONOMIC DEVELOPMENT.— Wildlife Service, Bureau of Reclamation, Bu- open meeting and public participation (1) ECONOMIC DEVELOPMENT PLAN.—As a reau of Land Management, Bureau of Indian laws.The chartering requirements of the condition for receiving funding under para- Affairs, Forest Service, Natural Resources Federal Advisory Committee Act (5 U.S.C. graph (2), the State of Oregon, in consulta- Conservation Service, National Marine Fish- App.) are hereby deemed to have been met by tion with Marion County, Oregon, and the eries Service and Ecosystem Restoration Of- this section. (e) TERMS AND VACANCIES.— Working Secretary of Agriculture, shall develop a fice. Group members shall serve for three-year plan for economic development projects for (K) One representative of the Klamath terms, beginning on the date of enactment of which grants under this subsection may be County Soil and Water Conservation Dis- this title. Vacancies which occur for any rea- used in a manner consistent with this sec- trict. son after the date of enactment of this title tion and to benefit local communities in the (3) SECRETARY.—The term ‘‘Secretary’’ shall be filled by direct appointment of the vicinity of the Opal Creek area. Such plan means the Secretary of the Interior. governor of the State of Oregon, in consulta- shall be based on an economic opportunity (4) TASK FORCE.—The term ‘‘Task Force’’ tion with the Secretary of the Interior and study and other appropriate information. means the Klamath River Basin Fisheries the Secretary of Agriculture, in accordance (2) FUNDS PROVIDED TO THE STATES FOR Task Force as established by the Klamath with nominations from the appropriate GRANTS.—Upon completion of the Opal Creek River Basin Fishery Resource Restoration groups, interests, and government agencies Management Plan, and receipt of the plan re- Act (P.L. 99–552, 16 U.S.C. 460ss–3, et.seq.). outlined in subsection (a)(2). ferred to in paragraph (1), the Secretary (5) COMPACT COMMISSION.—The term ‘‘Com- (f) RIGHTS, DUTIES AND AUTHORITIES UNAF- shall provide, subject to appropriations, pact Commission’’ means the Klamath River FECTED.—The Working Group will supple- $15,000,000 to the State of Oregon. Such funds Basin Compact Commission created pursuant ment, rather than replace, existing efforts to shall be used to make grants or loans for to the Klamath River Compact Act of 1954. manage the natural resources of the Klam- economic development projects that further (6) CONSENSUS.—The term ‘‘consensus’’ ath Basin. Nothing in this section affects the purposes of this section and benefit the means a unanimous agreement by the Work- any legal right, duty or authority of any per- local communities in the vicinity of the Opal ing Group members present and consisting of son or agency, including any member of the Creek area. at least a quorum at a regularly scheduled working group. (3) REPORT.—The State of Oregon shall— business meeting. (g) AUTHORIZATION OF APPROPRIATIONS.— (A) prepare and provide the Secretary and (7) QUORUM.—The term ‘‘quorum’’ means There are authorized to be appropriated to Congress with an annual report on the use of one more than half of those qualified Work- carry out this section $1,000,000 for each of the funds made available under this sub- ing Group members appointed and eligible to fiscal years 1997 through 2002. section; serve. SEC. 1025. DESCHUTES BASIN ECOSYSTEM RES- (B) make available to the Secretary and to (8) TRINITY TASK FORCE.—The term ‘‘Trin- TORATION PROJECTS. Congress, upon request, all accounts, finan- ity Task Force’’ means the Trinity River (a) DEFINITIONS.—In this section: cial records, and other information related Restoration Task Force created by Public (1) WORKING GROUP.—The term ‘‘Working to grants and loans made available pursuant Law 98–541, as amended by Public Law 104– Group’’ means the Deschutes River Basin to this subsection; and 143. Working Group established before the date of (C) as loans are repaid, make additional (b) IN GENERAL.— enactment of this title, consisting of mem- grants and loans with the money made avail- (1) The Working Group through the Eco- bers nominated by their represented groups, able for obligation by such repayments. system Restoration Office, with technical as- including— SEC. 1024. UPPER KLAMATH BASIN ECOLOGICAL sistance from the Secretary, will propose ec- (A) 5 representatives of private interests RESTORATION PROJECTS. ological restoration projects, economic de- including one each from hydroelectric pro- (a) DEFINITIONS.—In this section: velopment and stability projects, and duction, livestock grazing, timber, land de- (1) ECOSYSTEM RESTORATION OFFICE.—The projects designed to reduce the impacts of velopment, and recreation/tourism; term ‘‘Ecosystem Restoration Office’’ means drought conditions to be undertaken in the (B) 4 representatives of private interests the Klamath Basin Ecosystem Restoration Upper Klamath Basin based on a consensus including two each from irrigated agri- Office operated cooperatively by the United of the Working Group membership. culture and the environmental community; States Fish and Wildlife Service, Bureau of (2) The Secretary shall pay, to the greatest (C) 2 representatives from the Confed- Reclamation, Bureau of Land Management, extent feasible, up to 50 percent of the cost erated Tribes of the Warm Springs Reserva- and Forest Service. of performing any project approved by the tion of Oregon; October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12235

(D) 2 representatives from Federal agencies (c) PUBLIC NOTICE AND PARTICIPATION.—The from the area described in subparagraph (1); with authority and responsibility in the Working Group shall conduct all meetings or Deschutes River Basin, including one from subject to applicable open meeting and pub- ‘‘(iii) for the construction, expansion, pro- the Department of the Interior and one from lic participation laws.The activities of the tection or maintenance of municipal water the Agriculture Department; Working Group and the Federal agencies supply facilities; or (E) 2 representatives from the State of Or- pursuant to the provisions of this title are ‘‘(iv) for the construction, expansion, pro- egon agencies with authority and respon- exempt from the provisions of 5 U.S.C. App. tection or maintenance of facilities for the sibility in the Deschutes River Basin, includ- 2 1–15. transmission of energy through and over the ing one from the Oregon Department of Fish (d) PRIORITIES.—The Working Group shall unit or previously authorized hydroelectric and Wildlife and one from the Oregon Water give priority to voluntary market-based eco- facilities or hydroelectric projects associated Resources Department; and nomic incentives for ecosystem restoration with municipal water supply facilities. (F) 4 representatives from county or city including, but not limited to, water leases ‘‘(C) SALVAGE SALES.—The Secretary of Ag- governments within the Deschutes River and purchases; land leases and purchases; riculture may not authorize a salvage sale in Basin county and/or city governments. tradable discharge permits; and acquisition the area described in subparagraph (1).’’. (2) SECRETARY.—The term ‘‘Secretary’’ of timber, grazing, and land development (b) REPORT TO CONGRESS.—The Secretary of means the Secretary of the Interior. rights to implement plans, programs, meas- Agriculture shall, in consultation with the (3) FEDERAL AGENCIES.—The term ‘‘Federal ures, and projects. city of Portland and other affected parties, agencies’’ means agencies and departments (e) TERMS AND VACANCIES.—Members of the undertake a study of that part of the Little of the United States, including, but not lim- Working Group representing governmental Sandy Watershed that is within the unit ited to, the Bureau of Reclamation, Bureau agencies or entities shall be named by the (hereinafter referred to as the ‘‘study area’’). of Indian Affairs, Bureau of Land Manage- represented government. Members of the The study shall determine— ment, Fish and Wildlife Service, Forest Serv- Working Group representing private inter- (1) the impact of management activities ice, Natural Resources Conservation Service, ests shall be named in accordance with the within the study area on the quality of Farm Services Agency, the National Marine articles of incorporation and bylaws of the drinking water provided to the Portland Fisheries Service, and the Bonneville Power Working Group.Representatives from Fed- Metropolitan area; Administration. eral agencies will serve for terms of 3 (2) the identity and location of certain eco- (4) CONSENSUS.—The term ‘‘consensus’’ years.Vacancies which occur for any reason logical features within the study area, in- means a unanimous agreement by the Work- after the date of enactment of this title shall cluding late successional forest characteris- ing Group members present and constituting be filled in accordance with this title. tics, aquatic and terrestrial wildlife habitat, at least a quorum at a regularly scheduled (f) ADDITIONAL PROJECTS.—Where existing significant hydrological values, or other out- business meeting. authority and appropriations permit, Fed- standing natural features; and (5) QUORUM.—The term ‘‘quorum’’ means eral agencies may contribute to the imple- (3) the location and extent of any signifi- one more than half of those qualified Work- mentation of projects recommended by the cant cultural or other values within the ing Group members appointed and eligible to Working Group and approved by the Sec- study area. serve. retary. (c) RECOMMENDATIONS.—The study referred (b) IN GENERAL.— (g) RIGHTS, DUTIES AND AUTHORITIES UNAF- to in subsection (b) shall include both legis- (1) The Working Group will propose eco- FECTED.—The Working Group will supple- lative and regulatory recommendations to logical restoration projects on both Federal ment, rather than replace, existing efforts to Congress on the future management of the and non-Federal lands and waters to be un- manage the natural resources of the study area. In formulating such rec- dertaken in the Deschutes River Basin based Deschutes Basin.Nothing in this title affects ommendations, the Secretary shall consult on a consensus of the Working Group, pro- any legal right, duty or authority of any per- with the city of Portland and other affected vided that such projects, when involving son or agency, including any member of the parties. Federal land or funds, shall be proposed to working group. (d) EXISTING DATA AND PROCESSES.—To the the Bureau of Reclamation in the Depart- (h) AUTHORIZATION OF APPROPRIATIONS.— greatest extent possible, the Secretary shall ment of the Interior and any other Federal There are authorized to be appropriated to use existing data and processes to carry out agency with affected land or funds. carry out this title $1,000,000 for each of fis- the study and report. (2) The Working Group will accept dona- cal years 1997 through 2001. (e) SUBMISSION TO CONGRESS.—The study tions, grants or other funds and place such SEC. 1026. BULL RUN PROTECTION. referred to in subsection (b) shall be submit- funds received into a trust fund, to be ex- (a) AMENDMENTS TO PUBLIC LAW 95–200.— ted to the Senate Committees on Energy and pended on ecological restoration projects (1) The first sentence of section 2(a) of Pub- Natural Resources and Agriculture and the which, when involving Federal land or funds, lic Law 95–200 is amended by striking ‘‘2(b)’’ House Committees on Resources and Agri- are approved by the affected Federal agency. and inserting in lieu thereof ‘‘2(c)’’. culture not later than one year from the (3) The Bureau of Reclamation shall pay (2) The first sentence of section 2(b) of Pub- date of enactment of this section. from funds authorized under subsection (h) lic Law 95–200 is amended after ‘‘the policy (f) MORATORIUM.—The Secretary is prohib- of this title up to 50 percent of the cost of set forth in subsection (a)’’ by inserting ‘‘and ited from advertising, offering or awarding performing any project proposed by the (b)’’. any timber sale within the study area for a Working Group and approved by the Sec- (3) Subsections (b), (c), (d), and (e) of sec- period of two years after the date of enact- retary, up to a total amount of $1,000,000 dur- tion 2 of Public Law 95–200 are redesignated ment of this section. ing each of the fiscal years 1997 through 2001. as as subsections (c), (d), (e), and (f), respec- (g) WATER RIGHTS.—Nothing in this section (4) Non-Federal contributions to project tively. shall in any way affect any State or Federal costs for purposes of computing the Federal (4) Section 2 of Public Law 95–200 is amend- law governing appropriation, use of or Fed- matching share under paragraph (3) of this ed by inserting after subsection (a) the fol- eral right to water on or flowing through Na- subsection may include in-kind contribu- lowing new subsection: tional Forest System lands.Nothing in this tions. ‘‘(b) TIMBER CUTTING.— section is intended to influence the relative (5) Funds authorized in subsection (h) of ‘‘(1) IN GENERAL.—Subject to paragraph (2), strength of competing claims to the waters this section shall be maintained in and dis- the Secretary of Agriculture shall prohibit of the Little Sandy River.Nothing in this tributed by the Bureau of Reclamation in the cutting of trees in that part of the unit section shall be construed to expand or di- the Department of the Interior.The Bureau consisting of the hydrographic boundary of minish Federal, State, or local jurisdiction, of Reclamation shall not expend more than 5 the Bull Run River Drainage, including cer- responsibility, interests, or rights in water percent of amounts appropriated pursuant to tain lands within the unit and located below resources development or control, including subsection (h) for Federal administration of the headworks of the city of Portland, Or- rights in and current uses of water resources such appropriations pursuant to this section. egon’s water storage and delivery project, in the unit. (6) The Bureau of Reclamation is author- and as depicted in a map dated July 22, 1996, (h) OTHER LANDS IN UNIT.—Lands within ized to provide by grant to the Working and entitled ‘Bull Run River Drainage’. the Bull Run Management Unit, as defined in Group not more than 5 percent of funds ap- ‘‘(2) PERMITTED CUTTING.— Public Law 95–200, but not contained within propriated pursuant to subsection (h) of this ‘‘(A) IN GENERAL.—Subject to subparagraph the Bull Run River Drainage, as described in title for not more than 50 percent of adminis- (B), the Secretary of Agriculture shall pro- the amendment made by subsection (a)(4) of trative costs relating to the implementation hibit the cutting of trees in the area de- this section and as depicted on the map of this section. scribed in subparagraph (1). dated July 22, 1996, and entitled ‘‘Bull Run (7) The Federal agencies with authority ‘‘(B) PERMITTED CUTTING.—Subject to sub- River Drainage’’, shall continue to be man- and responsibility in the Deschutes River paragraph (C), the Secretary may only allow aged in accordance with Public Law 95–200. Basin shall provide technical assistance to the cutting of trees in the area described in SEC. 1027. OREGON ISLANDS WILDERNESS, ADDI- the Working Group and shall designate rep- subparagraph (1)— TIONS. resentatives to serve as members of the ‘‘(i) for the protection or enhancement of (a) DESIGNATION.—In furtherance of the Working Group. water quality in the area described in sub- purposes of the Wilderness Act of 1964, cer- (8) All funding recommendations developed paragraph (1); or tain lands within the boundaries of the Or- by the Working Group shall be based on a ‘‘(ii) for the protection, enhancement, or egon Islands National Wildlife Refuge, Or- consensus of the Working Group members. maintenance of water quantity available egon, comprising approximately 95 acres and H12236 CONGRESSIONAL RECORD — HOUSE October 1, 1996 as generally depicted on a map entitled ‘‘Or- threatened or endangered species); protec- Representatives and to the Committee on egon Island Wilderness Additions—Proposed’’ tion of drinking water supplies; recovery of Energy and Natural Resources of the United dated August 1996, are hereby designated as threatened and endangered species; protec- States Senate concerning their studies, find- wilderness. The map shall be on file and tion and restoration of wetlands, riparian ings, recommendations, mapping and other available for public inspection in the offices lands and other environmentally sensitive activities conducted pursuant to this sec- of the Fish and Wildlife Service, Department areas; consolidation of land ownership for tion. of Interior. improved public access and a broad array of (d) AUTHORIZATION OF APPROPRIATIONS.—In (b) OTHER AREAS WITHIN REFUGE BOUND- recreational uses; and consolidation of land furtherance of the purposes of this section, ARIES.—All other federally owned named, ownership to achieve management efficiency there is hereby authorized to be appropriated unnamed, surveyed and unsurveyed rocks, and reduced costs of administration; and the sum of $2,000,000, to remain available reefs, islets and islands lying within three (3) developing a joint report for submission until expended. geographic miles off the coast of Oregon and to the Congress which discusses land ex- SEC. 1027. BOSTON HARBOR ISLANDS RECRE- above mean high tide, not currently des- change opportunities in the basin and out- ATION AREA. ignated as wilderness and also within the Or- lines either a specific land exchange proposal (a) PURPOSES.—The purposes of this section egon Islands National Wildlife Refuge bound- or proposals which may merit consideration are— aries under the administration of the U.S. by the Secretaries or the Congress, or ideas (1) to preserve for public use and enjoy- Fish and Wildlife Service, Department of In- and recommendations for new authoriza- ment the lands and waters that comprise the terior, as designated by Executive Order 7035, tions, direction, or changes in existing law Boston Harbor Islands National Recreation Proclamation 2416, Public Land Orders 4395, or policy to expedite and facilitate the con- Area; 4475 and 6287, and Pubic Laws 91–504 and 95– summation of beneficial land exchanges in (2) to manage the recreation area in part- 450, are hereby designated as wilderness. the basin via administrative means. nership with the private sector, the Com- (c) AREAS UNDER BLM JURISDICTION.—All (b) MATTERS FOR SPECIFIC STUDY.—In ana- federally owned named, unnamed, surveyed lyzing land exchange opportunities with monwealth of Massachusetts, municipalities and unsurveyed rocks, reefs, islets and is- ULEP, the Secretaries shall give priority to surrounding Massachusetts and Cape Cod lands lying within three geographic miles off assisting ULEP’s ongoing efforts in: Bays, the Thompson Island Outward Bound the coast of Oregon and above mean high (1) studying, identifying, and mapping Education Center, and Trustees of Reserva- tide, and presently under the jurisdiction of areas where the consolidation of land owner- tions, and with historical, business, cultural, the Bureau of Land Management, except ship via land exchanges could promote the civic, recreational and tourism organiza- Chiefs Island, are hereby designated as wil- goals of long term species and watershed pro- tions; derness, shall become part of the Oregon Is- tection and utilization, including but not (3) to improve access to the Boston Harbor lands National Wildlife Refuge and the Or- limited to the goals of the Endangered Spe- Islands through the use of public water egon Islands Wilderness and shall be under cies Act of 1973 more effectively than current transportation; and the jurisdiction of the United States Fish land ownership patterns and whether any (4) to provide education and visitor infor- and Wildlife Service, Department of the Inte- changes in law or policy applicable to such mation programs to increase public under- rior. lands after consummation of an exchange standing of and appreciation for the natural (d) MAP AND DESCRIPTION.—As soon as would be advisable or necessary to achieve and cultural resources of the Boston Harbor practicable after this Act takes effect, a map such goals; Islands, including the history of Native of the wilderness area and a description of (2) studying, identifying and mapping areas American use and involvement. its boundaries shall be filed with the Senate where land exchanges might be utilized to (b) DEFINITIONS.—For the purposes of this Committee on Energy and Natural Resources better satisfy the goals of sustainable timber section— and the House Committee on Resources, and harvest, including studying whether changes (1) the term recreation area means the such map shall have the same force and ef- in existing law or policy applicable to such Boston Harbor Islands National Recreation fect as if included in this section: Provided, lands after consummation of an exchange Area established by subsection (c); and however, That correcting clerical and typo- would be advisable or necessary to achieve (2) the term ‘‘Secretary’’ means the Sec- graphical errors in the map and land descrip- such goals; retary of the Interior. tions may be made. (3) identifying issues and studying options (c) BOSTON HARBOR ISLANDS NATIONAL (e) ORDER 6287.—Public Land Order 6287 of and alternatives, including possible changes RECREATION AREA.— June 16, 1982, which withdrew certain rocks, in existing law or policy, to insure that com- (1) ESTABLISHMENT.—In order to preserve reefs, islets, and islands lying within three bined post-exchange revenues to units of for the benefit and inspiration of the people geographical miles off the coast of Oregon local government from state and local prop- of the United States as a national recreation and above mean high tide, including the 95 erty, severance and other taxes or levies and area certain lands located in Massachusetts acres described in subsection (a), as an addi- shared Federal land receipts will approxi- Bay, there is established as a unit of the Na- tion to the Oregon Islands National Wildlife mate pre-exchange revenues; tional Park System the Boston Harbor Is- Refuge is hereby made permanent. (4) identifying issues and studying whether lands National Recreation Area. SEC. 1028. UMPQUA RIVER LAND EXCHANGE possible changes in law, special appraisal in- (2) BOUNDARIES.—(A) The recreation area STUDY: POLICY AND DIRECTION. struction, or changes in certain Federal ap- shall be comprised of the lands, waters, and (a) IN GENERAL.—The Secretaries of the In- praisal procedures might be advisable or nec- submerged lands generally depicted on the terior and Agriculture (Secretaries) are here- essary to facilitate the appraisal of potential map entitled ‘‘Proposed Boston Harbor Is- by authorized and directed to consult, co- exchange lands which may have special char- lands NRA’’, numbered BOHA 80002, and ordinate and cooperate with the Umpqua acteristics or restrictions affecting land val- dated September 1996. Such map shall be on Land Exchange Project (ULEP), affected ues; file and available for public inspection in the units and agencies of State and local govern- (5) identifying issues and studying options appropriate offices of the National Park ment, and, as appropriate, the World For- and alternatives, including changes in exist- Service. Alter advising the Committee on estry Center and National Fish and Wildlife ing laws or policy, for achieving land ex- Resources of the House of Representatives Foundation, to assist ULEP’s ongoing efforts changes without reducing the net supply of and the Committee on Energy and Natural in studying and analyzing land exchange op- timber available to small businesses; Resources of the Senate, in writing, the Sec- portunities in the Umpqua River basin and (6) identifying, mapping, and recommend- retary may make minor revisions of the to provide scientific, technical, research, ing potential changes in land use plans, land boundaries of the recreation area when nec- mapping and other assistance and informa- classifications, or other actions which might essary by publication of a revised drawing or tion to such entities. Such consultation, co- be advisable or necessary to expedite, facili- other boundary description in the Federal ordination and cooperation shall at a mini- tate or consummate land exchanges in cer- Register. mum include, but not be limited to— tain areas; (B) The recreation area shall include the (1) working with ULEP to develop or as- (7) analyzing potential sources for new or following: semble comprehensive scientific and other enhanced Federal, State, or other funding to (i) The areas depicted on the map ref- information (including comprehensive and promote improved resource protection, spe- erenced in subparagraph (A). integrated mapping) concerning the Umpqua cies recovery, and management in the basin; (ii) Landside points required for access, River basin’s resources of forest, plants, and visitor services, and administration in the wildlife, fisheries (anadromous and other), (8) identifying and analyzing whether in- city of Boston along its Harborwalk and at recreational opportunities, wetlands, ripar- creased efficiency and better land and re- Long Wharf, Fan Pier, John F. Kennedy Li- ian habitat and other physical or natural re- source management could occur through ei- brary, and the Custom House; Charlestown sources; ther consolidation of Federal forest manage- Navy Yard; Old Northern Avenue Bridge; the (2) working with ULEP to identify general ment under one agency or exchange of lands city of Quincy at Squantum Point/Marina or specific areas within the basin where land between the Forest Service and Bureau of Bay, the Fore River Shipyard, and Town exchanges could promote consolidation of Land Management. River; the Town of Hingham at Hewitt’s forestland ownership for long-term, sus- (c) REPORT TO CONGRESS.—No later than Cove; the Town of Hull; the city of Salem at tained timber production; protection and February 1, 1998, ULEP and the Secretaries Salem National Historic Site; and the city of restoration of habitat for plants, fish and shall submit a joint report to the Committee Lynn at the Heritage State Park. wildlife (including any federally listed on Resources of the United States House of (d) ADMINISTRATION OF RECREATION AREA.— October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12237

(1) IN GENERAL.—The recreation area shall (A) One individual appointed by the Sec- (9) STAFF OF THE PARTNERSHIP.—The Sec- be administered in partnership by the Sec- retary, to represent the National Park Serv- retary shall provide the Partnership with retary, the Commonwealth of Massachusetts, ice. such staff and technical assistance as the City of Boston and its applicable subdivi- (B) One individual, appointed by the Sec- Secretary, after consultation with the Part- sions and others in accordance with the pro- retary of Transportation, to represent the nership, considers appropriate to enable the visions of law generally applicable to units United States Coast Guard. Partnership to carry out its duties. The Sec- of the National Park System, including the (C) Two individuals, appointed by the Sec- retary may accept the services of personnel Act entitled ‘‘An Act to establish a National retary, after consideration of recommenda- detailed from the Commonwealth of Massa- Park Service, and for other purposes’’, ap- tions by the Governor of Massachusetts, to chusetts, any political subdivision of the proved August 25, 1916 (39 Stat. 535; 16 U.S.C. represent the Department of Environmental Commonwealth or any entity represented on 1, 2, 3, and 4), and the Act of August 21, 1935 Management and the Metropolitan District the Partnership. (49 Stat. 666; 16 U.S.C. 461–467) as amended Commission. (10) HEARINGS.—The Partnership may hold and supplemented and in accordance with (D) One individual, appointed by the Sec- such hearings, sit and act at such times and the integrated management plan specified in retary, after consideration of recommenda- places, take such testimony, and receive subsection (f). tions by the Chair, to represent the Massa- such evidence as the Partnership may deem (2) STATE AND LOCAL JURISDICTION.—Noth- chusetts Port Authority. appropriate. ing in this section shall be construed to di- (E) One individual, appointed by the Sec- (11) DONATIONS.—Notwithstanding any minish, enlarge, or modify any right of the retary, after consideration of recommenda- other provision of law, the Partnership may Commonwealth of Massachusetts or any po- tions by the Chair, to represent the Massa- seek and accept donations of funds, property, litical subdivision thereof, to exercise civil chusetts Water Resources Authority. or services from individuals, foundations, and criminal jurisdiction or to carry out (F) One individual, appointed by the Sec- corporations, and other private and public State laws, rules, and regulations within the retary, after consideration of recommenda- entities for the purpose of carrying out this recreation area, including those relating to tions by the Mayor of Boston, to represent section. fish and wildlife, or to tax persons, corpora- the Office of Environmental Services of the (12) USE OF FUNDS TO OBTAIN MONEY.—The tions, franchises, or private property on the city of Boston. Partnership may use its funds to obtain lands and waters included in the recreation money from any source under any program area. (G) One individual, appointed by the Sec- retary, after consideration of recommenda- or law requiring the recipient of such money (3) COOPERATIVE AGREEMENTS.—The Sec- tions by the Chair, to represent the Boston to make a contribution in order to receive retary may consult and enter into coopera- such money. tive agreements with the Commonwealth of Redevelopment Authority. (H) One individual, appointed by the Sec- (13) MAILS.—The Partnership may use the Massachusetts or its political subdivisions to United States mails in the same manner and acquire from and provide to the Common- retary, after consideration of recommenda- tions of the President of the Thompson Is- upon the same conditions as other depart- wealth or its political subdivisions goods and ments and agencies of the United States. services to be used in the cooperative man- land Outward Bound Education Center, to (14) OBTAINING PROPERTY.—The Partnership agement of lands within the recreation area, represent the Center. (I) One individual, appointed by the Sec- may obtain by purchase, rental, donation, or if the Secretary determines that appropria- otherwise, such property, facilities, and serv- tions for that purpose are available and the retary, after consideration of recommenda- ices as may be needed to carry out its duties, agreement is in the best interest of the Unit- tions of the Chair, to represent the Trustees except that the Partnership may not acquire ed States. of Reservations. any real property or Interest in real prop- (4) CONSTRUCTION OF FACILITIES ON NON- (J) One individual, appointed by the Sec- erty. FEDERAL LANDS.—In order to facilitate the retary, after consideration of recommenda- (15) COOPERATIVE AGREEMENTS.—For pur- administration of the recreation area, the tions of the President of the Island Alliance, poses of carrying out the plan described in Secretary is authorized, subject to the ap- to represent the Alliance, a non-profit orga- subsection (f), the Partnership may enter propriation of necessary funds in advance, to nization whose sole purpose is to provide fi- into cooperative agreements with the Com- construct essential administrative or visitor nancial support for the Boston Harbor Is- use facilities on non-Federal public lands lands National Recreation Area. monwealth of Massachusetts, any political within the recreation area. Such facilities (K) Two individuals, appointed by the Sec- subdivision thereof, or with any organization and the use thereof shall be in conformance retary, to represent the Boston Harbor Is- or person. with applicable plans. lands Advisory Council, established in sub- (f) INTEGRATED RESOURCE MANAGEMENT (5) OTHER PROPERTY, FUNDS, AND SERV- section (g). PLAN.— ICES.—The Secretary may accept and use do- (3) TERMS OF OFFICE; REAPPOINTMENT.—(A) (1) IN GENERAL.—Within three years after nated funds, property, and services to carry Members of the Partnership shall serve for the date of enactment of this Act, the Part- out this section. terms of three years. Any member may be nership shall submit to the Secretary a man- (6) RELATIONSHIP OF RECREATION AREA TO reappointed for one additional 3-year term. agement plan for the recreation area to be BOSTON-LOGAN INTERNATIONAL AIRPORT.— (B) The Secretary shall appoint the first developed and implemented by the Partner- With respect to the recreation area, the members of the Partnership within 30 days ship. present and future maintenance, operation, after the date on which the Secretary has re- (2) CONTENTS OF PLAN.—The plan shall in- improvement and use of Boston-Logan Inter- ceived all of the recommendations for ap- clude (but not be limited to) each of the fol- national Airport and associated flight pat- pointment pursuant to subsections (b)(3), (4), lowing: terns from time to time in effect shall not be (5), (6), (7), (8), (9), and (10). (A) A program providing for coordinated deemed to constitute the use of publicly (C) A member may serve after the expira- administration of the recreation area with owned land of a public park, recreation area, tion of his or her term until a successor has proposed assignment of responsibilities to or other resource within the meaning of sec- been appointed. the appropriate governmental unit at the tion 303(c) of title 49, United States Code, (4) COMPENSATION.—Members of the Part- Federal, State, and local levels, and non- and shall not be deemed to have a significant nership shall serve without pay, but while profit organizations, including each of the effect on natural, scenic, and recreation as- away from their homes or regular places of following: sets within the meaning of section 47101(h)(2) business in the performance of services for (i) A plan to finance and support the public of title 49, United States Code. the Partnership, members shall be allowed improvements and services recommended in (7) MANAGEMENT IN ACCORDANCE WITH INTE- travel expenses, including per diem in lieu of the plan, including allocation of non-Federal GRATED MANAGEMENT PLAN.—The Secretary subsistence, in the same manner as persons matching requirements set forth in sub- shall preserve, interpret, manage, and pro- employed intermittently in the Government section (h)(2) and a delineation of private vide educational and recreational uses for service are allowed expenses under section sector roles and responsibilities. the recreation area, in consultation with the 5703 of title 5, United States Code. (ii) A program for the coordination and owners and managers of lands in the recre- (5) ELECTION OF OFFICERS.—The Partner- consolidation, to the extent feasible, of ac- ation area, in accordance with the integrated ship shall elect one of its members as Chair- tivities that may be carried out by Federal, management plan. person and one as Vice Chairperson. The State, and local agencies having jurisdiction (e) BOSTON HARBOR ISLANDS PARTNERSHIP term of office of the Chairperson and Vice over land and waters within the recreation ESTABLISHMENT.— Chairperson shall be one year. The Vice area, including planning and regulatory re- (1) ESTABLISHMENT.—There is hereby estab- Chairperson shall serve as chairperson in the sponsibilities. lished the Boston Harbor Islands Partnership absence of the Chairperson. (B) Policies and programs for the following whose purpose shall be to coordinate the ac- (6) VACANCY.—Any vacancy on the Partner- purposes: tivities of Federal, State, and local authori- ship shall be filled in the same manner in (i) Enhancing public outdoor recreational ties and the private sector in the develop- which the original appointment was made. opportunities in the recreation area. ment and implementation of an integrated (7) MEETINGS.—The Partnership shall meet (ii) Conserving, protecting and maintain- resource management plan for the recreation at the call of the Chairperson or a majority ing the scenic, historical, cultural, natural area. of its members. and scientific values of the islands. (2) MEMBERSHIP.—The Partnership shall be (8) QUORUM.—A majority of the Partner- (iii) Developing educational opportunities composed of 13 members, as follows: ship shall constitute a quorum. in the recreation area. H12238 CONGRESSIONAL RECORD — HOUSE October 1, 1996 (iv) Enhancing public access to the Is Service. The Secretary shall appoint no vest located on public lands administered by lands, including development of transpor- fewer than three individuals to represent the Bureau of Land Management in the tation networks. each of the following categories of entities: State of California of comparable value for (v) Identifying potential sources of revenue municipalities; educational and cultural in- the following terminated timber contract: from programs or activities carried out with- stitutions; environmental organizations; Elkhorn Ridge Timber Sale, Contract No. in the recreation area. business and commercial entities, including CA–050–TS–88–01. (vi) Protecting and preserving Native those related to transportation, tourism and (b) DISCLAIMER.—Nothing in this section American burial grounds connected with the the maritime industry; and Boston Harbor- shall be construed as changing any law or King Philip’s War internment period and related advocacy organizations; and organi- policy of the Federal Government beyond the other periods. zations representing Native American inter- timber sale substitution specified in this sec- (C) A policy statement that recognizes ex- ests. tion. isting economic activities within the recre- (3) PROCEDURES.—Each meeting of the Ad- SEC. 1032. RURAL ELECTRIC AND TELEPHONE FA- ation area. visory Council and its committees shall be CILITIES. (3) DEVELOPMENT OF PLAN.—In developing open to the public. (a) IN GENERAL.—Section 504(g) of the Fed- the plan, the Partnership shall— (4) FACA.—The provisions of section 14 of eral Land Policy and Management Act of (A) consult on a regular basis with appro- the Federal Advisory Committee Act (5 1976 (43 U.S.C. 1764(g)) is amended by striking priate officials of any local government or U.S.C. App.), are hereby waived with respect ‘‘financed pursuant to the Rural Electrifica- Federal or State agency which has jurisdic- to the Advisory Council. tion Act of 1936, as amended,’’ in the last tion over lands and waters within the recre- (h) AUTHORIZATION OF APPROPRIATIONS.— sentence and inserting ‘‘eligible for financ- ation area; (1) IN GENERAL.—There are authorized to be ing pursuant to the Rural Electrification Act (B) consult with interested conservation, appropriated such sums as may be necessary of 1936, as amended, determined without re- business, professional, and citizen organiza- to carry out this section, provided that no gard to any application requirement under tions; and funds may be appropriated for land acquisi- that Act,’’. (C) conduct public hearings or meetings for tion. (b) EFFECTIVE DATE.—The amendment the purposes of providing interested persons (2) MATCHING REQUIREMENT.—Amounts ap- made by subsection (a) shall apply with re- with the opportunity to testify with respect propriated in any fiscal year to carry out spect to rights-of-way leases held on or after to matters to be addressed by the plan. this section may only be expended on a the date of enactment of this Act. (4) APPROVAL OF PLAN.—(A) The Partner- matching basis in a ration of at least three ship shall submit the plan to the Governor of SEC. 1033. FEDERAL BOROUGH RECOGNITION. non-Federal dollars to every Federal dollar. (a) Section 6901(2) of title 31, United States Massachusetts for review. The Governor The non-Federal share of the match may be shall have 90 days to review and make any Code, is amended to read as follows: in the form of cash, services, or in-kind con- ‘‘(2)(A) ‘unit of general local government’ recommendations. After considering the tributions, fairly valued. Governor’s recommendations, the Partner- means— ship shall submit the plan to the Secretary, SEC. 1030. NATCHEZ NATIONAL HISTORICAL ‘‘(i) a county (or parish), township, bor- PARK. who shall approve or disapprove the plan ough, or city where the city is independent Section 3 of the Act of October 8, 1988, enti- within 90 days. In reviewing the plan the of any other unit of general local govern- Secretary shall consider each of the follow- tled ‘‘An Act to create a national park at ment, that— ing: Natchez, Mississippi’’ (16 U.S.C. 410oo et ‘‘(I) is within the class or classes of such (i) The adequacy of public participation. seq.), is amended— political subdivision in a State that the Sec- (ii) Assurances of plan implementation (1) by inserting ‘‘(a) IN GENERAL.—’’ after retary of the Interior, in his discretion, de- from State and local officials. ‘‘SEC. 3.’’; and termines to be the principal provider or pro- (iii) The adequacy of regulatory and finan- (2) by adding at the end the following: viders of governmental services within the cial tools that are in place to implement the ‘‘(b) BUILDING FOR JOINT USE BY THE SEC- State; and plan. RETARY AND THE CITY OF NATCHEZ.— ‘‘(II) is a unit of general government, as de- (B) If the Secretary disapproves the plan, ‘‘(1) CONTRIBUTION TOWARD CONSTRUCTION.— termined by the Secretary of the Interior on the Secretary shall within 60 days after the The Secretary may enter into an agreement the basis of the same principles as were used date of such disapproval, advise the Partner- with the city of Natchez under which the by the Secretary of Commerce on January 1, ship in writing of the reasons therefore, to- Secretary agrees to pay not to exceed 1983, for general statistical purposes; gether with recommendations for revision. $3,000,000 toward the planning and construc- ‘‘(ii) any area in Alaska that is within the Within 90 days of receipt of such notice of tion by the city of Natchez of a structure to boundaries of a census area used by the Sec- disapproval, the Partnership shall revise and be partially used by the Secretary as an ad- retary of Commerce in the decennial census, resubmit the plan to the Secretary who shall ministrative headquarters, administrative but that is not included within the boundary approve or disapprove the revision within 60 site, and visitors’ center for Natchez Na- of a governmental entity described under days. tional Historical Park. clause (i); (5) INTERIM PROGRAM.—Prior to adoption of ‘‘(2) USE FOR SATISFACTION OF MATCHING RE- ‘‘(iii) the District of Columbia; the Partnership’s plan, the Secretary and QUIREMENTS.—The amount of payment under ‘‘(iv) the Commonwealth of Puerto Rico; the Partnership shall assist the owners and paragraph (1) may be available for matching ‘‘(v) Guam; and managers of lands and waters within the Federal grants authorized under other law ‘‘(vi) the Virgin Islands. recreation area to ensure that existing pro- notwithstanding any limitations in any such ‘‘(B) the term ‘governmental services’ in- grams, services, and activities that promote law. cludes, but is not limited to, those services the purposes of this section are supported. ‘‘(3) AGREEMENT.—Prior to the execution of that relate to public safety, the environ- (g) BOSTON HARBOR ISLANDS ADVISORY an agreement under paragraph (1), and sub- ment, housing, social services, transpor- COUNCIL.— ject to the appropriation of necessary funds tation, and governmental administration.’’. (1) ESTABLISHMENT.—The Secretary, acting in advance, the Secretary may enter into a (b) PAYMENT IN LIEU OF TAXES.—Section through the Director of the National Park contract, lease, cooperative agreement, or 6902(a) of title 31, United States Code, is Service, shall establish an advisory commit- other appropriate form of agreement with amended to read as follows: tee to be known as the Boston Harbor Islands the city of Natchez providing for the use and ‘‘(a)(1) Except as provided in paragraph (2), Advisory Council. The purpose of the Advi- occupancy of a portion of the structure con- the Secretary of the Interior shall make a sory Council shall be to represent various structed under paragraph (1) (including ap- payment for each fiscal year to each unit of groups with interests in the recreation area propriate use of the land on which it is situ- general local government in which entitle- and make recommendations to the Boston ated), at no cost to the Secretary (except ment land is located as set forth in this Harbor Islands Partnership on issues related maintenance, utility, and other operational chapter. A unit of general local government to the development and implementation of costs), for a period of 50 years, with an op- may use the payment for any governmental the integrated resource management plan tion for renewal by the Secretary for an ad- purpose. developed under subsection (f). The Advisory ditional 50 years. ‘‘(2) For each unit of general local govern- Council is encouraged to establish commit- ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ment described in section 6901(2)(A)(ii), the tees relating to specific recreation area man- There is authorized to be appropriated Secretary of the Interior shall make a pay- agement issues, including (but not limited $3,000,000 to carry out this subsection.’’. ment for each fiscal year to the State of to) education, tourism, transportation, natu- SEC. 1031. SUBSTITUTION OF TIMBER FOR CAN- Alaska for entitlement land located within ral resources, cultural and historic re- CELED TIMBER SALE. such unit as set forth in this chapter. The sources, and revenue raising activities. Par- (a) IN GENERAL.—Notwithstanding the pro- State of Alaska shall distribute such pay- ticipation on any such committee shall not visions of the Act of July 31, 1947 (30 U.S.C. ment to home rule cities and general law be limited to members of the Advisory Coun- 601 et seq.), and the requirements of section cities (as such cities are defined by the cil. 5402.0–6 of title 43, Code of Federal Regula- State) located within the boundaries of the (2) MEMBERSHIP.—The Advisory Council tions, the Secretary of the Interior, acting unit of general local government for which shall consist of not fewer than 18 individuals, through the Bureau of Land Management, is the payment was received. Such cities may to be appointed by the Secretary, acting authorized to substitute, without competi- use monies received under this paragraph for through the Director of the National Park tion, a contract for timber identified for har- any governmental purpose.’’. October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12239 SEC. 1035. EXTENSION OF STATUTE OF LIMITA- an ecosystem protection plan for the Bay- DIVISION II TIONS. Delta, referred to as ‘‘the Category III pro- TITLE I—NATIONAL COAL HERITAGE Notwithstanding any other provision of gram’’ emanating out of the document enti- AREA law, any of the Alaska Native Village Cor- tled ‘‘Principles for Agreement on Bay-Delta porations of Tyonek Native Corporation, SEC. 101. SHORT TITLE. Standards Between the State of California This title may be cited as the ‘‘National Ninilchik Native Association, Inc., Knikatnu and the Federal Government’’, dated Decem- Coal Heritage Area Act of 1996’’. Inc., Seldovia Native Association, Inc., ber 15, 1994, and Chikaloon Moose Creek Native Association, SEC. 102. FINDINGS. (2) the initial Federal share of the cost of (a) FINDINGS.—The Congress finds as fol- Inc., and the Alaska Native Regional Cor- developing and implementing the ecosystem lows: poration, Cook Inlet Region, Inc. may com- restoration elements of the long-term (1) Certain events that led to the develop- mence litigation at any time within 12 CALFED Bay-Delta Program, pursuant to ment of southern West Virginia’s coalfields months of enactment of this Act in Federal the cost sharing agreement required by sec- during the latter part of the 19th Century District Court for Alaska to challenge any tion 78684.10 of California Senate Bill 900, and the early part of the current century are determination by the Department of the In- Chapter 135, Statutes of 1996, signed by the of national historic and cultural significance terior that such native corporations will not Governor of California on July 11, 1996. in terms of their contribution to the indus- receive conveyance of lands described in Funds appropriated pursuant to this section trialization of the United States, the organi- ‘‘Appendix C’’ of the Deficiency Agreement shall remain available until expended and zation of workers into trade unions, and the dated August 31, 1976. shall be administered in accordance with unique culture of the Appalachian Region. SEC. 1038. REGULATION OF FISHING IN CERTAIN procedures established by CALFED Bay- (2) It is in the national interest to preserve WATERS OF ALASKA. Delta Program until Congress authorizes an- and protect physical remnants of this era for (a) IN GENERAL.—Local residents who are other entity that is recommended by the education and benefit of present and fu- descendants of Katmai residents who lived in CALFED Bay-Delta Program to carry out the Naknek Lake and River Drainage shall ture generations. this section. (3) There is a need to provide assistance for be permitted, subject to reasonable regula- (b) TREATMENT OF FUNDS.—Funds author- tions established by the Secretary of the In- the preservation and promotion of those ized to be appropriated pursuant to this sec- vestiges of southern West Virginia’s coal terior, to continue their traditional fishery tion to those agencies that are currently or for red fish within Katmai National Park heritage which have outstanding cultural, subsequently become participants in the historic, and architectural value. (the national park and national preserve re- CALFED Bay-Delta Program shall be in ad- SEC. 103. ESTABLISHMENT. designated, established, and expanded under dition to the baseline funding levels estab- (a) IN GENERAL.—For the purpose of pre- section 202(2) of the Alaska National Interest lished pursuant to subsection (e), for cur- serving and interpreting for the educational Lands Conservation Act (16 U.S.C. 410hh–1)). rently authorized projects and programs and inspirational benefit of present and fu- (b) RED FISH DEFINED.—For the purposes of under the Central Valley Project Improve- ture generations certain lands and struc- subsection (a), the term ‘‘red fish’’ means ment Act (title XXXIV of of Public Law 102– tures with unique and significant historic spawned-out sockeye salmon that has no sig- 575) and other currently authorized Federal and cultural value associated with the coal nificant commercial value. programs for the purpose of Bay-Delta eco- mining heritage of the State of West Vir- (c) TITLE.—No provision of this section system protection and restoration. shall be construed to invalidate or validate (c) LONG-TERM SOLUTION.—Nothing in this ginia and the Nation, there is hereby estab- or in any other way affect any claim by the section shall be deemed to diminish the Fed- lished the National Coal Heritage Area (here- State of Alaska to title to any or all sub- eral interest in and responsibility for work- inafter in this title referred to as the merged lands, nor shall any actions taken ing with the State of California through the ‘‘Area’’). pursuant to or in accordance with this Act CALFED Bay-Delta Program in developing, (b) BOUNDARIES.—The Area shall be com- operate under any provision or principle of funding, and implementing a balanced, long- prised of the counties in the State of West the law to bar the State of Alaska from as- term solution to the problems of ecosystem Virginia that are the subject of the study by serting at any time its claim of title to any quality, water quality, water supply and reli- the National Park Service, dated 1993, enti- or all of the submerged lands. ability, and system vulnerability affecting tled ‘‘A Coal Mining Heritage Study: South- (d) JURISDICTION.—Nothing in this section the San Francisco Bay/Sacramento-San Joa- ern West Virginia’’ conducted pursuant to nor in any actions taken pursuant to this quin Delta Watershed in California. Partici- title VI of Public Law 100–699. section shall be construed as expanding or pation in such long term solution shall only (c) ADMINISTRATION.—The Area shall be ad- diminishing Federal or State jurisdiction, be undertaken pursuant to authorization ministered in accordance with this title. responsibility, interests, or rights in man- provided by law other than this section, and SEC. 104. CONTRACTUAL AGREEMENT. agement, regulation, or control over waters shall be based on the equitable allocation of The Secretary of the Interior (hereinafter of the State of Alaska or submerged lands program costs among beneficiary groups in this title referred to as the ‘‘Secretary’’) under any provision of Federal or State law. that the CALFED Bay-Delta programs shall is authorized to enter into a contractual agreement with the Governor of the State of SEC. 1039. CREDIT FOR RECONVEYANCE. develop. West Virginia, acting through the Division Within 24 months after the date of the en- (d) ACTIVITIES.—To the extent not other- of Culture and History and the Division of actment of this Act, the Cape Fox Corpora- wise authorized, those agencies and depart- Tourism and Parks, pursuant to which the tion may transfer all or part of its right, ments that are currently or subsequently be- Secretary shall assist the State of West Vir- title, and interest in and to the approxi- come participants in the CALFED Bay-Delta ginia, its units of local government, and non- mately 320-acre parcel that includes Beaver Program are hereby authorized to undertake profit organizations in each of the following: Falls Hydroelectric power-house site to the the activities and programs for which Fed- (1) The development and implementation United States as part of an equal value ex- eral cost sharing is provided by this section. of integrated cultural, historical, and land change. The United States shall immediately initiate coordinated consultations and negotiations resource management policies and programs SEC. 1040. RADIO SITE REPORT. in order to retain, enhance, and interpret the The Secretary of Agriculture (1) shall have with the State of California to expeditiously execute the cost-sharing agreement required significant values of the lands, waters, and a period of 180 days from the date of enact- structures of the Area. ment of this Act to review management of by section 78684.10 of California Senate Bill 900, Chapter 135, Statutes of 1996, signed by (2) The preservation, restoration, mainte- Inspiration Point, San Bernadino National nance, operation, interpretation, and pro- Forest, make a determination whether the the Governor of California on July 11, 1996. Such activities shall include, but not be lim- motion of buildings, structures, facilities, continued presence of the KATY–FM an- sites, and points of interest for public use tenna on the site is in the public interest, ited to, planning, design, technical assist- ance, and construction for ecosystem res- that possess cultural, historical, and archi- and report the determination with the rea- tectural values associated with the coal min- sons therefor to the Committee on Energy toration programs and projects. (e) BUDGET CROSSCUT.—The Office of Man- ing heritage of the Area. and Natural Resources, United States Sen- agement and Budget is directed to submit to (3) The coordination of activities by Fed- ate, and the Committee on Resources, House the House and Senate Committees on Appro- eral, State, and local governments and pri- of Representatives, and (2) shall take no ac- priations, as part of the President’s Fiscal vate businesses and organizations in order to tion within such period which causes or re- Year 1998 Budget, an interagency budget further historic preservation and compatible sults in, directly or indirectly, the removal crosscut that displays Federal spending for economic revitalization. of the antenna from the site. fiscal years 1993 through 1998 on ecosystem (4) The development of guidelines and TITLE XI—CALIFORNIA BAY DELTA restoration and other purposes in the Bay- standards for projects, consistent with ENVIRONMENTAL ENHANCEMENT Delta region, separately showing funding standards established by the National Park SEC. 1101. PROGRAM FUNDING. provided previously or requested under both Service, for the preservation and restoration (a) AUTHORIZATION OF APPROPRIATIONS.— pre-existing authorities and new authorities of historic properties, including interpretive For each of the fiscal years 1998, 1999, and granted by this section. methods, that will further history preserva- 2000, there are authorized to be appropriated (f) EFFECTIVE DATE.—Subsections (a) tion in the region. an additional $143,300,000 for both— through (d) of this section shall take effect SEC. 105. ELIGIBLE RESOURCES. (1) the initial Federal share of the cost of on the date of passage of California State The resources eligible for the assistance developing and implementing that portion of Proposition 204. under paragraphs (2) and (5) of section 104 H12240 CONGRESSIONAL RECORD — HOUSE October 1, 1996 shall include those set forth in appendix D of Tennessee during the war and postwar recon- or disapprove a proposed revision to such a the study by the National Park Service, struction period; and compact within 90 days after the date on dated 1993, entitled ‘‘A Coal Mining Heritage (4) to create partnerships among Federal, which the revision is submitted to the Sec- Study: Southern West Virginia’’, conducted State, and local governments and their re- retary. pursuant to title VI of Public Law 100– gional entities, and the private sector to pre- SEC. 205. MANAGEMENT. 699. Priority consideration shall be given to serve, conserve, enhance, and interpret the (a) MANAGEMENT PLANS.—A management those sites listed as ‘‘Conservation Prior- battlefields and associated sites associated plan submitted under this title for the na- ities’’ and ‘‘Important Historic Resources’’ with the Civil War in Tennessee. tional heritage area shall present com- as depicted on the map entitled ‘‘Study Area: SEC. 202. DEFINITIONS. prehensive recommendations for the con- Historic Resources’’ in such study. For purposes of this title: servation, funding, management, and devel- SEC. 106. COAL HERITAGE MANAGEMENT PLAN. (1) The term ‘‘national heritage area’’ opment of the area. The management plan (a) IN GENERAL.—Pursuant to the contrac- means the Tennessee Civil War Heritage shall— tual agreement referred to in section 104, Area as designated pursuant to section 203. (1) be prepared with public participation; within three years after the date of enact- (2) The term ‘‘Secretary’’ means the Sec- (2) take into consideration existing Fed- ment of this title, the Governor of the State retary of the Interior. eral, State, county, and local plans and in- of West Virginia, acting through the Divi- (3) The term ‘‘compact’’ means the com- volve residents, public agencies, and private sion of Culture and History and the Division pact approved under section 204. organizations in the area; of Tourism and Parks, shall submit to the (4) The term ‘‘management plan’’ means (3) include a description of actions that Secretary a Coal Heritage Management Plan the management plan submitted under sec- units of government and private organiza- for the Area. The plan shall at a minimum— tion 205. tions are recommended to take to protect (1) set forth the integrated cultural, histor- SEC. 203. TENNESSEE CIVIL WAR HERITAGE the resources of the area; ical, and land resource management policies AREA. (4) specify existing and potential sources of and programs referred to in section 104; (a) DESIGNATION.—Upon publication by the funding for the conservation, management, (2) describe the guidelines and standards Secretary in the Federal Register of notice and development of the area; and for projects referred to in section 104; and that a compact regarding the Tennessee (5) include the following, as appropriate: (3) set forth the responsibilities of the Civil War Heritage Area has been approved (A) An inventory of the resources con- State of West Virginia, units of local govern- by the Secretary in accordance with this tained in the national heritage area, includ- ment, non-profit entities, or Secretary to ad- title, there is hereby designated the Ten- ing a list of property in the area that should minister any properties acquired pursuant to nessee Civil War Heritage Area. be conserved, restored, managed, developed, section 104. (b) BOUNDARIES.—The Tennessee Civil War or maintained because of the natural, cul- (b) PLAN APPROVAL.—The Secretary shall Heritage Area shall be comprised of areas of tural, or historic significance of the property approve the plan submitted under subsection the State of Tennessee depicted on the map as it relates to the themes of the area. (a) unless he determines that it would not entitled ‘‘Tennessee Civil War Heritage (B) A recommendation of policies for re- meet the objectives of this title. Area’’. The map shall be on file and avail- source management that consider and detail SEC. 107. SUNSET. able for public inspection in the office of the the application of appropriate land and The Secretary may not make any grant or Director of the National Park Service. water management techniques, including provide any assistance under this title after (c) ADMINISTRATION.—The national herit- (but not limited to) the development of September 30, 2012. age area shall be administered in accordance intergovernmental cooperative agreements SEC. 108. AUTHORIZATION OF APPROPRIATIONS. with the compact and the management plan. to manage the historical, cultural, and natu- (a) IN GENERAL.—There is authorized to be SEC. 204. COMPACT. ral resources and the recreational opportuni- appropriated under this title not more than (a) COMPACT.—The compact referred to in ties of the area in a manner consistent with $1,000,000 for any fiscal year. Not more than section 203(a) shall include information re- the support of appropriate and compatible a total of $10,000,000 may be appropriated for lating to the objectives and management of economic viability. the Area under this title. the area proposed for designation as the na- (C) A program, including plans for restora- (b) 50 PERCENT MATCH.—Federal funding tional heritage area. Such information shall tion and construction, for implementation of provided under this title may not exceed 50 include (but not be limited to) each of the the management plan by the management percent of the total cost of any assistance or following: entity specified in the compact for the area grant provided or authorized under this title. (1) A delineation of the boundaries of the and specific commitments, for the first 5 TITLE II—TENNESSEE CIVIL WAR proposed national heritage area. years of operation of the plan, by the part- HERITAGE AREA (2) A discussion of the goals and objectives ners identified in the compact. SEC. 201. FINDINGS AND PURPOSES. of the proposed national heritage area, in- (D) An analysis of means by which Federal, (a) FINDINGS.—The Congress finds that— cluding an explanation of the approach, pro- State, and local programs may best be co- (1) there are situated in the State of Ten- posed by the partners referred to in para- ordinated to promote the purposes of this nessee the sites of several key Civil War bat- graph (4), to conservation and interpretation title. tles, campaigns, and engagements; of resources. (E) An interpretive plan for the National (2) certain sites, battlefields, structures, (3) An identification and description of the Heritage Area. and areas in Tennessee are collectively of management entity that will administer the (b) MANAGEMENT ENTITIES.—The manage- national significance in the history of the proposed national heritage area. ment entity for the national heritage area Civil War; (4) A list of the initial partners to be in- shall do each of the following: (3) the Civil War Sites Advisory Commis- volved in developing and implementing the (1) Develop and submit to the Secretary a sion, established by Congress in 1991, identi- management plan for the proposed national management plan not later than three years fied 38 sites in Tennessee as significant; heritage area, and a Statement of the finan- after the date of the designation of the area (4) the preservation and interpretation of cial commitment of the partners. as a national heritage area. these sites will make an important contribu- (5) A description of the role of the State of (2) Give priority to the implementation of tion to the understanding of the heritage of Tennessee. actions, goals, and policies set forth in the the United States; (b) PREPARATION OF AND ACTIONS CALLED compact and management plan for the area, (5) the preservation of Civil War sites with- FOR IN COMPACT.—The compact shall be pre- including— in a regional framework requires coopera- pared with public participation. Actions (A) assisting units of government, regional tion among local property owners and Fed- called for in the compact shall be likely to planning organizations, and nonprofit orga- eral, State, and local government entities; be initiated within a reasonable time after nizations— and designation of the proposed national herit- (i) in conserving the national heritage (6) partnerships between Federal, State, age area and shall ensure effective imple- area; and local governments and their regional en- mentation of the State and local aspects of (ii) in establishing and maintaining inter- tities, and the private sector, offer the most the compact. pretive exhibits in the area; effective opportunities for the enhancement (c) APPROVAL AND DISAPPROVAL OF COM- (iii) in developing recreational opportuni- and management of the Civil War battle- PACTS.— ties in the area; fields and related sites located in Tennessee. (1) IN GENERAL.—The Secretary, in con- (iv) in increasing public awareness of and (b) PURPOSES.—The purposes of this title sultation with the Governor of Tennessee, appreciation for the natural, historical, and are— shall approve or disapprove the proposed cultural resources of the area; (1) to preserve, conserve, and interpret the compact not later than 90 days after receiv- (v) in the restoration of historic buildings legacy of the Civil War in Tennessee; ing such compact. that are located within the boundaries of the (2) to recognize and interpret important (2) PROCEDURES IF DISAPPROVAL.—If the area and relate to the themes of the area; events and geographic locations representing Secretary disapproves a proposed compact, and key Civil War battles, campaigns, and en- the Secretary shall advise, in writing, of the (vi) in ensuring that clear, consistent, and gagements in Tennessee; reasons for the disapproval and shall make environmentally appropriate signs identify- (3) to recognize and interpret the effect of recommendations for revisions of the pro- ing access points and sites of interest are put the Civil War on the civilian population of posed compact. The Secretary shall approve in place throughout the area; and October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12241 (B) consistent with the goals of the man- structures and mill villages, and large acre- into a cooperative agreement with the Au- agement plan, encouraging economic viabil- ages of parks and permanent open space; gusta Canal Authority, a public body estab- ity in the affected communities by appro- (3) three national historic districts, the lished under the law of the State of Georgia, priate means. Harrisburg, Laney Walker, and Greene providing for the management of the Herit- (3) In developing and implementing the Street districts, and two national historic age Area by the Augusta Canal Authority management plan for the area, consider the landmarks, Stallings Island, located in the under terms and conditions Stated in the co- interests of diverse units of government, Savannah River, and Meadow Garden, are operative agreement. The Secretary shall businesses, private property owners, and connected by the Augusta Canal Area; consult with the Augusta Canal Authority nonprofit groups within the geographic area. (4) the beautiful rural landscapes and his- before carrying out any management author- (4) Conduct public meetings at least quar- toric cultural landscapes, scenic vistas and ity with respect to the Heritage Area which terly regarding the implementation of the excellent water quality of the Augusta Canal is not provided for by the cooperative agree- management plan for the area. contain significant undeveloped recreational ment. (c) CLEARING HOUSE.—The Congress recog- opportunities for people throughout the SEC. 305. MANAGEMENT PLAN. nizes the Center for Historic Preservation at United States; (a) PREPARATION OF PLAN.—Not later than Middle Tennessee State University as the (5) the Augusta Canal and related mill three years after the date of enactment of clearing house for the Tennessee Civil War sites, structures, and associated neighbor- this title, the Augusta Canal Authority shall Heritage Area. hoods are representative of the development prepare and submit to the Secretary for re- SEC. 206. DUTIES AND AUTHORITIES OF SEC- of the cotton textile industry and associated view and approval a plan for the manage- RETARY. agriculture and trade in the South; ment and administration of the Heritage The Secretary— (6) the transformation of the agrarian Area. (1) may provide technical assistance and economy of the area into an early industrial (b) CONTENTS.—The plan shall be based on grants to units of government and private economy was precipitated by the develop- Federal, State, and local plans in existence nonprofit organizations regarding the com- ment and use of the Augusta Canal; on the date of enactment of this title, in- pact and, upon request of the management (7) several significant sites associated with cluding the Augusta Canal Master Plan. The entity for the national heritage area, regard- the American Revolution, the Civil War, Na- Augusta Canal Authority shall coordinate ing the management plan and its implemen- tive Americans, Colonial Americans, African and combine such plans and present an inte- grated and cooperative approach for the pro- tation; Americans, Chinese Americans, and Irish tection, enhancement, and interpretation of (2) may not, as a condition of the award of Americans are located within the Augusta the cultural, natural, scenic, and rec- technical assistance or grants under this sec- Canal area; reational resources of the Heritage Area. tion, require any recipient of such technical (8) despite the efforts by the State of Geor- (c) ASSISTANCE.—The Secretary may pro- gia, political subdivisions of the State, vol- assistance or grants to enact or modify land vide technical and financial assistance in the unteer organizations, and private businesses, use restrictions; and preparation of the management plan. (3) may not make limitations on fishing, the cultural, historical, natural, and rec- (d) APPROVAL.— hunting, or trapping a condition for the ap- reational resources of the area have not real- (1) IN GENERAL.—Not later than 180 days proval of the compact or the determination ized full potential and may be lost without after receipt of the plan submitted under of eligibility for technical assistance or assistance from the Federal Government; subsection (a), the Secretary shall approve grants under this section. (9) the Secretary of the Interior considers or disapprove the plan. SEC. 207. SAVINGS PROVISIONS. this landmark to be threatened and has des- (2) CRITERIA.—In determining whether to (a) LACK OF EFFECT ON AUTHORITY OF GOV- ignated it a priority for protection; approve a plan, the Secretary shall con- ERNMENTS.—Nothing in this title shall be (10) many local, regional, and State agen- sider— construed to modify, enlarge, or diminish cies, businesses, and private citizens have ex- (A) whether the plan has strong local sup- any authority of the Federal, State, or local pressed an overwhelming desire to combine port from a diversity of landowners, business governments to regulate any use of land as forces to work cooperatively to preserve and interests, nonprofit organizations, and gov- provided for by law or regulation. enhance the resources of the Augusta Canal ernments within the area; (b) LACK OF ZONING OR LAND USE POWERS National Historic Landmark and better plan (B) whether the plan is consistent with and OF ENTITY.—Nothing in this title shall be for its future; and complements continued economic activity in construed to grant powers of zoning or land (11) the Augusta Canal Authority, a public the area; use to any management entity for the na- body established under the law of the State (C) whether the plan has a high potential tional heritage area. of Georgia, would be an appropriate manage- for effective partnership mechanisms; (c) FISH AND WILDLIFE.—The designation of ment entity for a National Heritage Area es- (D) whether the plan improperly infringes the national heritage area shall not diminish tablished in the area of the Augusta Canal. on private property rights; and the authority of the State of Tennessee to SEC. 302. PURPOSE. (E) whether the plan will take appropriate manage fish and wildlife, including the regu- It is the purpose of this title to provide a action to ensure private property rights are lation of fishing and hunting within such cooperative management framework to as- observed. area. sist the State of Georgia, its units of local (3) DISAPPROVAL.— SEC. 208. SUNSET. government, and area citizens in retaining, (A) IN GENERAL.—If the Secretary dis- The Secretary may not make any grant or enhancing, and interpreting the significant approves the proposed management plan, the provide any assistance under this title after features of the lands, water, and structures Secretary shall notify the Augusta Canal September 30, 2012. of the Augusta Canal, in a manner that is Authority of the disapproval in writing. consistent with positive economic impact SEC. 209. AUTHORIZATION OF APPROPRIATIONS. (B) CONTENTS.—A notification under sub- and development for the benefit and inspira- (a) IN GENERAL.—There is authorized to be paragraph (A) shall include— tion of present and future generations in the appropriated under this title not more than (i) the reasons for the disapproval; and State of Georgia and the United States. $1,000,000 for any fiscal year. Not more than (ii) recommendations for revision. a total of $10,000,000 may be appropriated for SEC. 303. DESIGNATION OF AUGUSTA CANAL NA- (C) REVISED PLAN.—The Augusta Canal Au- TIONAL HERITAGE AREA. the national heritage area under this title. thority shall revise and resubmit the man- (a) DESIGNATION.—There is hereby des- (b) 50 PERCENT MATCH.—Federal funding agement plan to the Secretary for ap- ignated in the State of Georgia the Augusta provided under this title, after the designa- proval. Not later than 180 days after receipt Canal National Heritage Area (referred to in tion of the national heritage area, may not of the revised plan, the Secretary shall ap- this title as the ‘‘Heritage Area’’). exceed 50 percent of the total cost of any as- prove or disapprove the plan as provided in (b) BOUNDARIES.— sistance or grant provided or authorized paragraph (2). The Augusta Canal Authority (1) IN GENERAL.—The Heritage Area shall under this title. shall revise and submit the management include the land generally depicted on the plan until the management plan is approved TITLE III—AUGUSTA CANAL NATIONAL map entitled ‘‘The Augusta Canal’’, num- by the Secretary. HERITAGE AREA bered AUCA–80,000, and dated August 1994, (e) IMPLEMENTATION.— SEC. 301. FINDINGS. which shall be on file and available for pub- (1) IN GENERAL.—Upon approval of the man- The Congress finds that— lic inspection in the Office of the Director of agement plan as provided in subsection (d), (1) the Augusta Canal National Landmark the National Park Service, Washington, D.C. the Secretary, in conjunction with the Au- in the State of Georgia, listed on the Na- (2) LEGAL DESCRIPTION.—As soon as prac- gusta Canal Authority, shall take appro- tional Historic Register of Historic Places, ticable after the date of enactment of this priate steps to implement the management and designated by the Governor of Georgia title, the Secretary of the Interior (referred plan. as one of four regionally important resources to in this title as the ‘‘Secretary’’) shall pre- (2) COOPERATIVE AGREEMENTS.—The Sec- in the State, is one of the last unspoiled pare and place on file with the map described retary is authorized to enter into coopera- areas in the State of Georgia; in paragraph (1) a legal description of the tive agreements with the State of Georgia, (2) the Augusta Canal National Historic boundaries of the Heritage Area. political subdivisions of the State, the Au- Landmark possesses excellent water quality, SEC. 304. MANAGEMENT. gusta Canal Authority, or any organization beautiful rural and historic cultural land- The Secretary, acting through the Director or individual to implement the management scapes, architecturally significant mill of the National Park Service, shall enter plan. H12242 CONGRESSIONAL RECORD — HOUSE October 1, 1996

(f) ECONOMIC DEVELOPMENT.—It is the sense of the Nation, including the formation of mentation of the State and local aspects of of Congress that the Augusta Canal Author- many key unions such as the Congress of In- the compact. ity, the State of Georgia, the city of Au- dustrial Organizations (CIO) and the United SEC. 405. MANAGEMENT PLAN. gusta, and other political subdivisions of the Steel Workers of America (USWA), and cru- The management entity shall develop a State of Georgia should encourage, by appro- cial struggles to improve wages and working management plan for the Heritage Area that priate means, enhanced economic and indus- conditions, such as the Rail Strike of 1877, presents comprehensive recommendations trial development in the area consistent the Homestead Strike of 1892, and the Great for the Heritage Area’s conservation, fund- with the goals of the Augusta Canal Master Steel Strike of 1919; ing, management and development. Such Plan. (5) the Department of the Interior is re- plan shall take into consideration existing SEC. 306. GRANTS AND TECHNICAL ASSISTANCE. sponsible for protecting the Nation’s cul- State, county, and local plans and involve The Secretary may provide grants and tural and historic resources, and there are residents, public agencies, and private orga- technical assistance for the purposes of this significant examples of these resources with- nizations working in the Heritage Area. It title. in this seven-county region to merit the in- shall include actions to be undertaken by SEC. 307. ACQUISITION OF REAL PROPERTY. volvement of the Federal Government to de- units of government and private organiza- The Augusta Canal Authority may not use velop programs and projects, in cooperation tions to protect the resources of the Heritage any Federal funds that it may receive pursu- with the Steel Industry Heritage Corpora- Area. It shall specify the existing and poten- ant to this title to acquire real property or tion, the Commonwealth of Pennsylvania, tial sources of funding to protect, manage, an interest in real property. and other local and governmental bodies, to and develop the Heritage Area. Such plan shall include, as appropriate, the following: SEC. 308. OCCUPATIONAL, SAFETY, CONSERVA- adequately conserve, protect, and interpret TION, AND ENVIRONMENTAL regula- this heritage for future generations, while (1) An inventory of the resources contained tion. providing opportunities for education and re- in the Heritage Area, including a list of any Nothing in this title shall be construed vitalization; and property in the Heritage Area that is related to— (6) the Steel Industry Heritage Corporation to the themes of the Heritage Area and that (1) impose any occupational, safety, con- would be an appropriate management entity should be preserved, restored, managed, de- servation, or environmental regulation on for a Heritage Area established in the region. veloped, or maintained because of its natu- ral, cultural, historic, recreational, or scenic the Heritage Area that is more stringent (b) STATEMENT OF PURPOSE.—The objec- than the regulations that would be applica- tives of the Steel Industry American Herit- significance. ble to the Heritage Area but for the designa- age Area are— (2) A recommendation of policies for re- tion of the Heritage Area under section 303; (1) to foster a close working relationship source management which consider and de- or with all levels of government, the private tail application of appropriate land and (2) authorize any Federal agency to pro- sector, and the local communities in the water management techniques, including but mulgate an occupational, safety, conserva- steel industry region of southwestern Penn- not limited to, the development of intergov- tion, or environmental regulation for the sylvania and empower the communities to ernmental cooperative agreements to pro- Heritage Area that is more stringent than conserve their heritage while continuing to tect the Heritage Area’s historical, cultural, the regulations applicable to the Heritage pursue economic opportunities; and recreational, and natural resources in a man- Area in existence on the date of enactment (2) to conserve, interpret, and develop the ner consistent with supporting appropriate of this title, solely as a result of the designa- historical, cultural, natural, and rec- and compatible economic viability. tion of the Heritage Area under section 303. reational resources related to the industrial (3) A program for implementation of the SEC. 309. LAND USE REGULATION. and cultural heritage of the seven-county re- management plan by the management en- Nothing in this title shall be construed gion of southwestern Pennsylvania. tity, including plans for restoration and con- to— struction, and specific commitments of the SEC. 403. STEEL INDUSTRY AMERICAN HERITAGE identified partners for the first 5 years of op- (1) modify, enlarge, or diminish any au- AREA. eration. thority of Federal, State, and local govern- (a) ESTABLISHMENT.—There is hereby es- (4) An analysis of ways in which local, ments to regulate any use of land as pro- tablished the Steel Industry American Herit- State, and Federal programs may best be co- vided for by law or regulation; or age Area (in this title referred to as the ordinated to promote the purposes of the (2) grant powers of zoning or land use to ‘‘Heritage Area’’). title. the Augusta Canal Authority. (b) BOUNDARIES.—The Heritage Area shall (5) An interpretation plan for the Heritage SEC. 310. SUNSET. be comprised of the counties of Allegheny, Area. The Secretary may not make any grant or Armstrong, Beaver, Fayette, Greene, Wash- provide any assistance under this title after ington, and Westmoreland in Pennsylvania. SEC. 406. AUTHORITIES AND DUTIES OF MANAGE- MENT ENTITY. September 30, 2012. (c) MANAGEMENT ENTITY.—The manage- (a) AUTHORITIES OF THE MANAGEMENT EN- SEC. 311. AUTHORIZATION OF APPROPRIATIONS. ment entity for the Heritage Area shall be TITY.—The management entity may, for pur- (a) IN GENERAL.—There is authorized to be the Steel Industry Heritage Corporation. poses of preparing and implementing the appropriated under this title not more than SEC. 404. COMPACT. management plan under section 405, use Fed- $1,000,000 for any fiscal year. Not more than (a) IN GENERAL.—To carry out the purposes eral funds made available through this a total of $10,000,000 may be appropriated for of this title, the Secretary of the Interior (in title— the Heritage Area under this title. this title referred to as the ‘‘Secretary’’) (1) to make loans and grants to, and enter (b) 50 PERCENT MATCH.—Federal funding shall enter into a compact with the manage- into cooperative agreements with, States provided under this title, after the designa- ment entity. The compact shall include in- and their political subdivisions, private or- tion of the Heritage Area, may not exceed 50 formation relating to the objectives and ganizations, or any person; and percent of the total cost of any assistance or management of the area, including the fol- (2) to hire and compensate staff. grant provided or authorized under this title. lowing: (b) DUTIES OF THE MANAGEMENT ENTITY.— TITLE IV—STEEL INDUSTRY HERITAGE (1) A delineation of the boundaries of the The management entity shall— PROJECT proposed Heritage Area. (1) develop and submit to the Secretary for SEC. 401. SHORT TITLE. (2) A discussion of the goals and objectives approval a management plan as described in This title may be cited as the ‘‘Steel Indus- of the proposed Heritage Area, including an section 405 within 3 years after the date of try American Heritage Area Act of 1996’’. explanation of the proposed approach to con- the enactment of this title; SEC. 402. FINDINGS AND PURPOSE. servation and interpretation and a general (2) give priority to implementing actions (a) FINDINGS.—The Congress finds that— outline of the protection measures commit- set forth in the compact and the manage- (1) the industrial and cultural heritage of ted to by the partners referred to in para- ment plan, including taking steps to— southwestern Pennsylvania, including the graph (4). (A) assist units of government, regional city of Pittsburgh, and the counties of Alle- (3) An identification and description of the planning organizations, and nonprofit orga- gheny, Armstrong, Beaver, Fayette, Greene, management entity that will administer the nizations in preserving the Heritage Area; Washington, and Westmoreland, related di- proposed Heritage Area. (B) assist units of government, regional rectly to steel and steel-related industries, is (4) A list of the initial partners to be in- planning organizations, and nonprofit orga- nationally significant; volved in developing and implementing the nizations in establishing, and maintaining (2) these industries include steelmaking, management plan for the proposed Heritage interpretive exhibits in the Heritage Area; iron making, aluminum, specialty metals, Area, and a Statement of the financial com- (C) assist units of government, regional glass, coal mining, coke production, machin- mitment of the partners. planning organizations, and nonprofit orga- ing and foundries, transportation, and elec- (5) A description of the role of the Com- nizations in developing recreational re- trical industries; monwealth of Pennyslvania. sources in the Heritage Area; (3) the industrial and cultural heritage of (b) ADDITIONAL REQUIREMENTS.—The com- (D) assist units of government, regional the steel and related industries in this region pact shall be prepared with public participa- planning organizations, and nonprofit orga- includes the social history and living cul- tion. Actions called for in the compact shall nizations in increasing public awareness of tural traditions of the people of the region; be likely to be initiated within a reasonable and appreciation for the natural, historical (4) the labor movement of the region time after designation of the proposed Herit- and architectural resources and sites in the played a significant role in the development age Area and shall ensure effective imple- Heritage Area; October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12243 (E) assist units of government, regional neering, building, and architectural history (7) partnerships between the private and planning organizations and nonprofit organi- of the region. public sectors have been created and addi- zations in the restoration of any historic (b) APPROVAL AND DISAPPROVAL OF COM- tional partnerships will be encouraged to building relating to the themes of the Herit- PACTS AND MANAGEMENT PLANS.— preserve the rich cultural heritage of the re- age Area; (1) IN GENERAL.—The Secretary, in con- gion, which will stimulate cultural aware- (F) encourage by appropriate means eco- sultation with the Governor of Pennsylvania ness, preservation, and economic develop- nomic viability in the Heritage Area consist- shall approve or disapprove a compact or ment through tourism; ent with the goals of the plan; management plan submitted under this title (8) a visitors’ center that has already been (G) encourage local governments to adopt not later than 90 days after receiving such constructed at Salem Maritime National land use policies consistent with the man- compact or management plan. Historic Site in Salem, Massachusetts, will agement of the Heritage Area and the goals (2) ACTION FOLLOWING DISAPPROVAL.—If the be available to interpret the themes of the of the plan; and Secretary disapproves a submitted compact Essex National Heritage Area established by (H) assist units of government, regional or management plan, the Secretary shall ad- this title and to coordinate the interpretive planning organizations and nonprofit organi- vise the management entity in writing of the and preservation activities of the Area; and zations to ensure that clear, consistent, and reasons therefor and shall make rec- (9) the resident and business communities environmentally appropriate signs identify- ommendations for revisions in the compact of the region have formed the Essex Heritage ing access points and sites of interest are put or plan. The Secretary shall approve or dis- Ad Hoc Commission for the preservation, in- in place throughout the Heritage Area; approve a proposed revision within 90 days terpretation, promotion, and development of (3) consider the interests of diverse govern- after the date it is submitted. the historic, cultural, and natural resources mental, business, and nonprofit groups with- (c) APPROVING AMENDMENTS.—The Sec- of the region and are investing significant in the Heritage Area; retary shall review substantial amendments private funds and energy to develop a plan to (4) conduct public meetings at least quar- to the management plan for the Heritage preserve the nationally significant resources terly regarding the implementation of the Area. Funds appropriated pursuant to this of Essex County. management plan; title may not be expended to implement the (b) PURPOSE.—It is the purpose of this (5) submit substantial changes (including changes made by such amendments until the title— any increase of more than 20 percent in the Secretary approves the amendments. (1) to establish the Essex National Herit- cost estimates for implementation) to the SEC. 408. SUNSET. age Area to recognize, preserve, promote, in- management plan to the Secretary for the The Secretary may not make any grant or terpret, and make available for the benefit of Secretary’s approval; provide any assistance under this title after the public the historic, cultural, and natural (6) for any year in which Federal funds September 30, 2012. resources of the North Shore and lower have been received under this title, submit SEC. 409. AUTHORIZATION OF APPROPRIATIONS. Merrimack River valley in Essex County, an annual report to the Secretary setting (a) IN GENERAL.—There is authorized to be Massachusetts, which encompass the three forth its accomplishments, its expenses and appropriated under this title not more than primary themes of the Salem Maritime Na- income, and the entity to which any loans $1,000,000 for any fiscal year. Not more than tional Historic Site and Saugus Iron Works and grants were made during the year for a total of $10,000,000 may be appropriated for National Historic Site (the histories of early which the report is made; and the Heritage Area under this title. settlement, maritime trade, and the textile (7) for any year in which Federal funds (b) 50 PERCENT MATCH.—Federal funding and leather industries); have been received under this title, make provided under this title, after the designa- (2) to implement the appropriate alter- available for audit all records pertaining to tion of this Heritage Area, may not exceed 50 native as described in the document entitled the expenditure of such funds and any percent of the total cost of any assistance or ‘‘The Salem Project: A Study of Alter- matching funds, and require, for all agree- grant provided or authorized under this title. natives’’, dated January 1990, within the ments authorizing expenditure of Federal TITLE V—ESSEX NATIONAL HERITAGE boundaries of Essex County; and funds by other organizations, that the re- AREA (3) to provide a management framework to ceiving organizations make available for SEC. 501. FINDINGS AND PURPOSE. assist the Commonwealth of Massachusetts audit all records pertaining to the expendi- (a) FINDINGS.—The Congress finds that— and its units of local government in the de- ture of such funds. (1) Essex County, Massachusetts, was host velopment and implementation of an inte- If a management plan is not submitted to to a series of historic events that influenced grated cultural, historical, and land resource the Secretary as required under paragraph management program in order to retain, en- (1) within the specified time, the Heritage the course of the early settlement of the United States, its emergence as a maritime hance, and interpret the significant values of Area shall no longer qualify for Federal the lands, waters, and structures located in funding. power, and its subsequent industrial develop- the Essex National Heritage Area. (c) PROHIBITION ON THE ACQUISITION OF ment; REAL PROPERTY.—The management entity (2) the North Shore of Essex County and SEC. 502. DEFINITIONS. may not use Federal funds received under the Merrimack River valley in Essex County For purposes of this title: this title to acquire real property or an in- contain examples of significant early Amer- (1) The terms ‘‘Area’’ and ‘‘National Herit- terest in real property. Nothing in this title ican architecture and significant Federal-pe- age Area’’ mean the Essex National Heritage shall preclude any management entity from riod architecture, many sites and buildings Area established by section 503. using Federal funds from other sources for associated with the establishment of the (2) The term ‘‘Secretary’’ means the Sec- their permitted purposes. maritime trade in the United States, the site retary of the Interior. of the witchcraft trials of 1692, the birthplace SEC. 407. DUTIES AND AUTHORITIES OF FEDERAL SEC. 503. DESIGNATION OF NATIONAL HERITAGE AGENCIES. of successful iron manufacture, and the es- AREA. (a) TECHNICAL AND FINANCIAL ASSIST- tablishment of the textile and leather indus- (a) DESIGNATION.—For the purpose of pre- ANCE.— tries in and around the cities of Peabody, serving and interpreting, for the educational (1) IN GENERAL.—The Secretary may, upon Beverly, Lynn, Lawrence, and Haverhill; and inspirational benefit of present and fu- request of the management entity, provide (3) Salem, Massachusetts, has a rich herit- ture generations, the unique and significant technical and financial assistance to the age as one of the earliest landing sites of the contributions to our national heritage of cer- Heritage Area to develop and implement the English colonists, the first major world har- tain historic and cultural lands, natural wa- management plan. In assisting the Heritage bor for the United States, and an early thriv- terways, and structures within the County of Area, the Secretary shall give priority to ac- ing hub of American industries; Essex in the Commonwealth of Massachu- tions that in general assist in— (4) the Saugus Iron Works National His- setts, there is hereby established the Essex (A) conserving the significant natural, his- toric Site is the site of the first sustained, National Heritage Area. toric, and cultural resources which support integrated iron works in Colonial America, (b) BOUNDARIES.—The Area shall comprise its themes; and and the technology employed at the Iron the lands generally depicted on the map (B) providing educational, interpretive, Works was dispersed throughout the Colo- numbered NAR–51–80,000 and dated August and recreational opportunities consistent nies and was critical to the development of 1994. The map shall be on file and available with its resources and associated values. industry and technology in America; for public inspection in the office of the Di- (2) SPENDING FOR NONFEDERALLY OWNED (5) the Salem Maritime National Historic rector of the National Park Service. PROPERTY.—The Secretary may spend Fed- Site contains nationally significant re- eral funds directly on nonfederally owned sources that explain the manner in which (c) ADMINISTRATION.—The Area shall be ad- property to further the purposes of this title, the Nation was settled, its evolution into a ministered in accordance with the provisions especially in assisting units of government maritime power, and its development as a of this title. in appropriate treatment of districts, sites, major industrial force; SEC. 504. MANAGEMENT ENTITY. buildings, structures, and objects listed or (6) the story told at the Salem Maritime (a) IN GENERAL.—The management entity eligible for listing on the National Register and Saugus Iron Works National Historic for the National Heritage Area shall be an of Historic Places. The Historic American Sites would be greatly enhanced through the entity which is selected by the Essex Herit- Building Survey/Historic American Engi- interpretation of significant theme-related age Ad Hoc Commission or its designee, re- neering Record shall conduct those studies resources in Salem and Saugus and through- flects a broad cross-section of interests with- necessary to document the industrial, engi- out Essex County; in the Area, and includes— H12244 CONGRESSIONAL RECORD — HOUSE October 1, 1996 (1) at least 1 representative of one or more technical assistance and grants to the man- of South Carolina, the units of local govern- units of government in each State in which agement entity to assist the management ment of the State, and the private sector in the National Heritage Area is located; and entity in the performance of its powers and the development of a heritage plan for the (2) private property owners who reside functions as authorized under this title. The Corridor to ensure coordinated public and within the National Heritage Area. Secretary may provide to any owner of prop- private action in the Corridor area in a man- (b) DUTIES.—The management entity for erty within the Area, to the Commonwealth ner consistent with subsection (a); the Area shall fulfill each of the following of Massachusetts, to the City of Salem and (3) to provide, during the development of requirements: other participating municipalities, to any an integrated heritage plan, Federal finan- (1) HERITAGE PLAN.—Not later than 3 years other Federal or State entity, to any institu- cial and technical assistance for the protec- after the date of the designation of the Area tion, or to any person such technical assist- tion, preservation, and conservation of land as a National Heritage Area, the manage- ance and grants as the Secretary considers and water areas in the Corridor that are in ment entity shall develop and forward to the appropriate to carry out the purpose of this danger of being adversely affected or de- Secretary, and to the Governor of Massachu- title. stroyed; setts, a heritage plan for the Area. SEC. 506. PRIVATE PROPERTY. (4) to encourage and assist the State of (2) PRIORITIES.—The management entity No privately owned property shall be in- South Carolina and the units of local govern- shall give priority to the implementation of cluded within the boundaries of the Area un- ment of the State to identify the full range actions, goals, and policies set forth in the less the government of the county, city, or of public and private technical and financial compact and heritage plan for the Area, in- town in which the property is located agrees assistance programs and services available cluding assisting units of government and to be so included and submits notification of to implement the heritage plan; others in— such agreement to the Secretary. (5) to encourage adequate coordination of (A) carrying out programs which recognize all government programs affecting the land important resource values within the Area; SEC. 507. SUNSET. The Secretary may not make any grant or and water resources of the Corridor; and (B) encouraging economic viability in the (6) to develop a management framework affected communities; provide any assistance under this title after September 30, 2012. with the State of South Carolina and the (C) establishing and maintaining interpre- units of local government of the State for— SEC. 508. AUTHORIZATION OF APPROPRIATIONS. tive exhibits in the Area; (A) planning and implementing the herit- (a) IN GENERAL.—There is authorized to be (D) developing recreational and edu- age plan; and appropriated under this title not more than cational opportunities in the Area; (B) developing policies and programs that $1,000,000 for any fiscal year. Not more than (E) increasing public awareness of and ap- will preserve, conserve, protect, restore, en- a total of $10,000,000 may be appropriated for preciation for the natural, historical, and hance, and interpret the cultural, historical, the Area under this title. cultural resources of the Area; natural, economic, recreational, and scenic (b) 50 PERCENT MATCH.—Federal funding (F) restoring historic buildings that are lo- resources of the Corridor. cated within the boundaries of the Area and provided under this title, after the designa- tion of the Area, may not exceed 50 percent SEC. 603. DEFINITIONS. relate to the theme of the Area; and For purposes of this title— (G) ensuring that clear, consistent, and ap- of the total cost of any assistance or grant provided or authorized under this title. (1) CORRIDOR.—The term ‘‘Corridor’’ means propriate signs identifying public access the South Carolina National Heritage Cor- points and sites of interest are put in place TITLE VI—SOUTH CAROLINA NATIONAL ridor established by section 604. throughout the Area. HERITAGE CORRIDOR (2) GOVERNOR.—The term ‘‘Governor’’ (3) CONSIDERATION OF INTERESTS OF LOCAL SEC. 601. SHORT TITLE. means the Governor of the State of South GROUPS.—The management entity shall, in This title may be cited as the ‘‘South Caro- Carolina. developing and implementing the heritage lina National Heritage Corridor Act of 1996’’. (3) SECRETARY.—The term ‘‘Secretary’’ plan for the Area, consider the interests of SEC. 602. FINDINGS AND PURPOSE. means the Secretary of the Interior. diverse units of government, businesses, pri- vate property owners, and nonprofit groups (a) FINDINGS.—Congress finds that— SEC. 604. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR. within the geographic area. (1) the South Carolina National Heritage Corridor, more than 250 miles in length, pos- (a) ESTABLISHMENT.—There is established (4) PUBLIC MEETINGS.—The management en- in the State of South Carolina the South tity shall conduct public meetings at least sesses a wide diversity of significant rare Carolina National Heritage Corridor. annually regarding the implementation of plants, animals, and ecosystems, agricul- (b) BOUNDARIES.— the heritage plan for the Area. The manage- tural and timber lands, shellfish harvesting areas, historic sites and structures, and cul- (1) IN GENERAL.—The boundaries of the Cor- ment entity shall place a notice of each such ridor are generally the boundaries of the meeting in a newspaper of general circula- tural and multicultural landscapes related to the past and current commerce, transpor- western counties of the State of South Caro- tion in the Area and shall make the minutes lina, extending from the western Piedmont of the meeting available to the public. tation, maritime, textile, agricultural, min- ing, cattle, pottery, and national defense in- along the Savannah Valley to Augusta, SEC. 505. DUTIES OF THE SECRETARY. dustries of the region, which provide signifi- Georgia, along the route of the old Southern (a) IN GENERAL.—To carry out the purpose cant ecological, natural, tourism, rec- Railroad, along the Ashley River to Charles- of this title, the Secretary shall assist the ton. management entity in preparing such stud- reational, timber management, educational, and economic benefits; (2) INCLUDED COUNTIES.—The Corridor shall ies and plans as the Secretary considers ap- consist of the following counties of South propriate and in implementing the rec- (2) there is a national interest in protect- Carolina, in part or in whole, as the heritage ommendations contained in a study report ing, conserving, restoring, promoting, and plan may specify on the recommendations of prepared by the management entity. The interpreting the benefits of the Corridor for the units of local government within the Secretary is authorized to enter into agree- the residents of, and visitors to, the Corridor Corridor area: ments with the Commission or with any area; owner of property with national historic or (3) a primary responsibility for conserving, (A) Oconee. cultural significance within the Area for the preserving, protecting, and promoting the (B) Pickens. purpose of facilitating public use and enjoy- benefits resides with the State of South (C) Anderson. ment of such resources or to otherwise fur- Carolina and the units of local government (D) Abbeville. ther the objectives of the management en- having jurisdiction over the Corridor area; (E) Greenwood. tity. Any such agreement shall provide and (F) McCormick. whenever appropriate that— (4) in view of the longstanding Federal (G) Edgefield. (1) the public may have access to such re- practice of assisting States in creating, pro- (H) Aiken. sources at specified, reasonable times for the tecting, conserving, preserving, and inter- (I) Barnwell. purpose of viewing the property or exhibits preting areas of significant natural and cul- (J) Orangeburg. or attending programs or other activities, as tural importance, and in view of the national (K) Bamberg. may be appropriate; significance of the Corridor, the Federal (L) Dorchester. (2) the Secretary may make improvements Government has an interest in assisting the (M) Colleton. to such resources as the management entity State of South Carolina, the units of local (N) Charleston. or the Secretary deem necessary to enhance government of the State, and the private (3) DETAIL.—The boundaries shall be speci- the public use and enjoyment of the re- sector in fulfilling the responsibilities de- fied in detail in the heritage plan. sources, or to render such property usable by scribed in paragraph (3). SEC. 605. MANAGEMENT ENTITY. the Secretary, the management entity, or (b) PURPOSES.—The purposes of this title (a) IN GENERAL.—The management entity any person for the purpose of this title; and are— for the National Heritage Corridor shall be (3) the Secretary may occupy, utilize, and (1) to protect, preserve, conserve, restore, an entity selected by the Governor of the acquire easements or leasehold interests in promote, and interpret the significant land State of South Carolina which reflects a resources as required to implement the pro- and water resource values and functions of broad cross-section of interests within the grams and purpose of this title. the Corridor; Corridor and which includes— (b) TECHNICAL ASSISTANCE AND GRANTS.— (2) to encourage and support, through fi- (1) at least 1 representative of one or more The Secretary may provide, upon request, nancial and technical assistance, the State units of government in South Carolina; and October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12245 (2) private property owners who reside tive agreements with, the State of South (4) the responsibility for interpreting, re- within the National Heritage Corridor. Carolina (or a political subdivision of the taining, enhancing, and promoting the re- (b) DUTIES.—The management entity for State), private nonprofit organizations, cor- sources, values, and amenities of Waterloo, the National Heritage Corridor shall fulfill porations, or other persons. Iowa and northeast Iowa resides with volun- each of the following requirements: (c) APPROVAL OF HERITAGE PLAN.— teer associations, private businesses, politi- (1) HERITAGE PLAN.—Not later than 3 years (1) IN GENERAL.—Not later than 180 days cal subdivisions of the State, and the State after the date of the designation of the area after receipt of the plan submitted under sec- of Iowa; and as a National Heritage Corridor, the manage- tion 605(b), the Secretary shall approve or (5) despite the efforts by volunteer associa- ment entity shall develop and forward to the disapprove the plan. tions, private businesses, political subdivi- Secretary, and to the Governor of South (2) CRITERIA.—In determining whether to sions of the State, and the State of Iowa, the Carolina, a heritage plan. approve a plan under this title, the Sec- cultural and historical resources of the area (2) PRIORITIES.—The management entity retary shall consider— have not realized full potential and may be shall give priority to the implementation of (A) whether the plan has strong local sup- lost without some assistance from the Fed- actions, goals, and policies set forth in the port from a diversity of landowners, business eral Government. compact and heritage plan for the Corridor, interests, nonprofit organizations, and gov- (b) PURPOSES.—The purposes of this title including assisting units of government and ernments within the area; are— others in— (B) whether the plan is consistent with and (1) to interpret, retain, enhance, and pro- (A) carrying out programs which recognize complements continued economic activity in mote the unique and significant contribu- important resource values within the Na- the area; tions to national and international agri- tional Heritage Corridor; (C) whether the plan has a high potential culture of certain natural, historic, and cul- (B) encouraging economic viability in the for effective partnership mechanisms; tural resources within Waterloo, Iowa, and affected communities; (D) whether the plan improperly infringes northeast Iowa; (C) establishing and maintaining interpre- on private property rights; and (2) to provide a partnership management tive exhibits in the Corridor; (E) whether the plan will take appropriate framework to assist volunteer associations, (D) developing recreational and edu- action to ensure private property rights are private businesses, political subdivisions of observed. cational opportunities in the Corridor; the State, and the State of Iowa in develop- (3) DISAPPROVAL.— (E) increasing public awareness of and ap- ing and implementing Management Plan (A) IN GENERAL.—If the Secretary dis- preciation for the natural, historical, and policies and programs that will assist in the approves the proposed heritage plan, the Sec- cultural resources of the Corridor; interpretation, retention, enhancement, and retary shall notify the management entity. (F) restoring historic buildings that are lo- promotion of the cultural, natural, and rec- (B) CONTENTS.—A notification under sub- cated within the boundaries of the Corridor reational resources of northeast Iowa; paragraph (A) shall include— and relate to the theme of the Corridor; and (3) to allow for local, State, and Federal (i) the reasons for the disapproval; and (G) ensuring that clear, consistent, and ap- contributions through limited grants and (ii) recommendations for revision. propriate signs identifying public access technical assistance to create America’s Ag- (C) REVISED PLAN.—The management en- ricultural Heritage Partnership through co- points and sites of interest are put in place tity shall revise and resubmit the heritage operative agreements among volunteer asso- throughout the Corridor. plan to the Secretary for approval. Not later ciations, private businesses, political sub- (3) CONSIDERATION OF INTERESTS OF LOCAL than 180 days after receipt of the revised divisions of the State, the State of Iowa, and GROUPS.—The management entity shall, in plan, the Secretary shall approve or dis- residents of the area; and developing and implementing the heritage approve the plan as provided in paragraph (4) to provide for an economically self-sus- plan for the Corridor, consider the interests (2). The management entity shall revise and taining Partnership for the educational and of diverse units of government, businesses, submit the heritage plan until the heritage inspirational benefit of current and future private property owners, and nonprofit plan is approved by the Secretary. groups within the geographic area. generations concerning the story of Amer- SEC. 607. SUNSET. ican agriculture. (4) PUBLIC MEETINGS.—The management en- The Secretary may not make any grant or tity shall conduct public meetings at least provide any assistance under this title after SEC. 702. DEFINITIONS. annually regarding the implementation of September 30, 2012. As used in this title: the heritage plan for the Corridor. The man- (1) PARTNERSHIP.—The term ‘‘Partnership’’ SEC. 608. AUTHORIZATION OF APPROPRIATIONS. agement entity shall place a notice of each means the America’s Agricultural Heritage (a) IN GENERAL.—There is authorized to be Partnership as established by section 703(a). such meeting in a newspaper of general cir- appropriated under this title not more than culation in the Corridor and shall make the $1,000,000 for any fiscal year. Not more than (2) MANAGEMENT ENTITY.—The term ‘‘man- minutes of the meeting available to the pub- a total of $10,000,000 may be appropriated for agement entity’’ means the management en- lic. the Corridor under this title. tity as established by section 704(a). SEC. 606. DUTIES OF THE SECRETARY. (b) 50 PERCENT MATCH.—Federal funding (3) POLITICAL SUBDIVISION.—The term ‘‘po- (a) ASSISTANCE.—On request of the man- provided under this title, after the designa- litical subdivision’’ means a political sub- agement entity, and subject to the availabil- tion of this Corridor, may not exceed 50 per- division of the State of Iowa, any part of ity of funds appropriated specifically for the cent of the total cost of any assistance or which is located in or adjacent to the area in purpose, or made available on a reimbursable grant provided or authorized under this title. which the Partnership’s activities occur, in- basis, the Secretary shall provide adminis- TITLE VII—AMERICA’S AGRICULTURAL cluding a county, city, or town. trative, technical, financial, development, HERITAGE PARTNERSHIP (4) STATE.—The term ‘‘State’’ means the State of Iowa. and operations assistance for the purposes of SEC. 701. FINDINGS AND PURPOSES. (5) SECRETARY.—The term ‘‘Secretary’’ this title. The assistance may include— (a) The Congress finds that— means the Secretary of Agriculture. (1) general administrative support in plan- (1) the city of Waterloo, Iowa, and north- (6) PARTNERSHIP MANAGEMENT PLAN.—The ning, finance, personnel, procurement, prop- east Iowa possess many important elements term ‘‘Partnership Management Plan’’ erty management, environmental and histor- of the nationally significant story of Amer- ical compliance, and land acquisition; ican agriculture, including Native American means the plan approved pursuant to section (2) personnel; agriculture, agricultural mechanization, 705(a). (3) office space and equipment; seed hybridization, farm cooperative move- (7) ACTIVITIES.—The term ‘‘activities’’ (4) planning and design services for visitor ments, rural electrification, farm-to-market means the activities referred to in section use facilities, trails, interpretive exhibits, systems, rural to urban migration, veteri- 703(b). publications, signs, and natural resource nary practice, food processing and preserva- SEC. 703. ESTABLISHMENT OF THE AMERICA’S management; tion, national farm organizations, inter- AGRICULTURAL HERITAGE PART- NERSHIP. (5) development and construction assist- national hunger relief, and the development (a) ESTABLISHMENT.—To carry out this ance, including visitor use facilities, trails, of national and international agribusiness; title, there is established in the State of river use and access facilities, scenic byways, (2) these resources offer outstanding and Iowa the ‘‘America’s Agricultural Heritage signs, waysides, and rehabilitation of his- unique opportunities to acknowledge and ap- Partnership’’ (in this title referred to as the toric structures; and preciate the development of American agri- ‘‘Partnership’’), upon publication by the Sec- (6) operations functions, including inter- culture; retary in the Federal Register of notice that pretation and visitor services, maintenance, (3) the National Park Service has deter- a Partnership Management Plan has been ap- and natural resource management services mined that the story of American agri- proved by the Secretary under this title. conducted within the boundaries of the Cor- culture is nationally significant, that north- (b) ACTIVITIES.—The Partnership’s activi- ridor. east Iowa is an ideal place to tell that story, ties shall be limited to the counties of north- (b) LOANS, GRANTS, AND COOPERATIVE and that this story could be divided into 4 east Iowa that are generally depicted in ‘‘Al- AGREEMENTS.—For the purposes of assisting principal topics for interpretation in north- ternatives #2 and #3’’ described in the 1995 in the development and implementation of east Iowa: the Amazing Science of Agri- National Park Service ‘‘Special Resource the heritage plan, the Secretary may, in con- culture, Agriculture as a Way of Life, Orga- Study, Cedar Valley, Iowa.’’. sultation with the management entity, make nizing for Survival, and Crops from Field to (c) PARTICIPATION.—Nothing in this title loans and grants to, and enter into coopera- Table; shall require any resident located in the area H12246 CONGRESSIONAL RECORD — HOUSE October 1, 1996 in which the Partnership’s activities occur tion of this Partnership, may not exceed 50 (2) The term ‘‘Committee’’ means the Ohio to participate in or be associated with the percent of the total cost of any assistance or & Erie Canal National Heritage Area Com- Partnership or the Partnership’s activities. grant provided or authorized under this title. mittee established by section 805. (d) AFFILIATIONS.—Nothing in this title TITLE VIII—OHIO & ERIE CANAL (3) The term ‘‘Corridor Management Plan’’ shall prohibit future affiliations or designa- NATIONAL HERITAGE CORRIDOR means the management plan developed tions of the Partnership or Partnership Man- under section 808. agement Entity. SEC. 801. SHORT TITLE. (4) The term ‘‘Secretary’’ means the Sec- (e) GRANTS, TECHNICAL ASSISTANCE, AND This title may be cited as the ‘‘Ohio & Erie retary of the Interior. COOPERATIVE AGREEMENTS.— Canal National Heritage Corridor Act of (5) The term ‘‘technical assistance’’ means (1) GRANTS AND TECHNICAL ASSISTANCE.— 1996’’. any guidance, advice, help, or aid, other than The Secretary may make grants and provide SEC. 802. FINDINGS AND PURPOSE. financial assistance, provided by the Sec- technical assistance to America’s Agricul- (a) FINDINGS.—Congress finds the follow- retary of the Interior. tural Heritage Partnership to assist it in ing: (6) The term ‘‘financial assistance’’ means carrying out its purposes. (1) The Ohio & Erie Canal, which opened funds appropriated by Congress and made (2) COOPERATIVE AGREEMENTS.—The Sec- for commercial navigation in 1832, was the available to the management entity for the retary is authorized to enter into coopera- first inland waterway to connect the Great purposes of preparing and implementing a tive agreements with private entities, the Lakes at Lake Erie with the Gulf of Mexico Corridor Management Plan. State of Iowa, any political subdivision via the Ohio and Mississippi Rivers and a (7) The term ‘‘management entity’’ means thereof, and other Federal entities, to fur- part of a canal network in Ohio that was one the entity recognized by the Secretary pur- ther the purposes of this title, the Partner- of America’s most extensive and successful suant to section 807(a) to receive, distribute, ship, or the Partnership Management Entity. systems during a period in history when ca- and account for Federal funds appropriated SEC. 704. ESTABLISHMENT OF THE AMERICA’S nals were essential to the Nation’s growth. for the purposes of this title. AGRICULTURAL HERITAGE PART- (2) The Ohio & Erie Canal spurred eco- NERSHIP MANAGEMENT ENTITY. nomic growth in the State of Ohio that took SEC. 804. OHIO & ERIE CANAL NATIONAL HERIT- AGE CORRIDOR. (a) ESTABLISHMENT.—There is established a the State from near bankruptcy to the third management entity for the Partnership most economically prosperous State in the (a) ESTABLISHMENT.—There is established based on the ‘‘Management Option #5’’ out- Union in just 20 years. in the State of Ohio the Ohio & Erie Canal lined in the 1995 National Park Service ‘‘Spe- (3) A 4-mile section of the Ohio & Erie National Heritage Corridor. cial Resource Study, Cedar Valley, Iowa’’ Canal was designated a National Historic (b) BOUNDARIES.— and subject to the approval of the Secretary. Landmark in 1966 and other portions of the (b) PARTNERSHIP MANAGEMENT PLAN.—The (1) IN GENERAL.—The boundaries of the cor- Ohio & Erie Canal and many associated Partnership management entity shall be es- ridor shall be composed of the lands that are structures were placed on the National Reg- tablished in accordance with the Partnership generally the route of the Ohio & Erie Canal ister of Historic Places. Management Plan referred to in section from Cleveland to Zoar, Ohio, as depicted in (4) In 1974, 19 miles of the Ohio & Erie 705(a). the 1993 National Park Service Special Re- Canal were declared nationally significant (c) COMPOSITION.—The members of the sources Study, ‘‘A Route to Prosperity’’, sub- management entity may include persons af- under National Park Service new area cri- ject to paragraph (2). The specific boundaries filiated with the following entities: the teria with the designation of Cuyahoga Val- shall be those specified in the management American Association of Museums, Amer- ley National Recreation Area. plan submitted under section 808. The Sec- ican Farm Bureau, American Farmland (5) The National Park Service found the retary shall prepare a map of the corridor Trust, Effigy Mounds National Monument Ohio & Erie Canal nationally significant in a which shall be on file and available for pub- and Herbert Hoover National Historic Site, 1975 study entitled ‘‘Suitability/Feasibility lic inspection in the office of the Director of Iowa Department of Agriculture and Land Study, Proposed Ohio & Erie Canal’’. the National Park Service. (6) A 1993 Special Resources Study of the Stewardship, Iowa Department of Correc- (2) CONSENT OF LOCAL GOVERNMENTS.—No tions, Iowa Department of Cultural Affairs, Ohio & Erie Canal Corridor conducted by the privately owned property shall be included Iowa Department of Economic Development, National Park Service entitled ‘‘A Route to within the boundaries of the corridor unless National Trust for Historic Preservation, the Prosperity’’ has concluded that the corridor the municipality in which the property is lo- Smithsonian Institution, the State Historic is eligible as a National Heritage Corridor. cated agrees to be so included and submits Preservation Office of the State of Iowa, the (7) Local governments, the State of Ohio, notification of such agreement to the Sec- United States Department of Agriculture, and private sector interests have embraced retary. the United States Department of Transpor- the heritage corridor concept and desire to enter into partnership with the Federal Gov- (c) ADMINISTRATION.—The corridor shall be tation, and the America’s Agricultural/In- administered in accordance with the provi- dustrial Heritage Landscape, Inc. ernment to preserve, protect, and develop the corridor for public benefit. sions of this title. SEC. 705. PARTNERSHIP MANAGEMENT PLAN. (b) PURPOSES.—The purposes of this title (a) PREPARATION OF PARTNERSHIP MANAGE- SEC. 805. THE OHIO & ERIE CANAL NATIONAL are— MENT PLAN.—A Partnership Management HERITAGE CORRIDOR COMMITTEE. (1) to preserve and interpret for the edu- Plan shall be submitted to the Secretary for cational and inspirational benefit of present (a) ESTABLISHMENT.—There is hereby es- approval no later than three years after the and future generations the unique and sig- tablished a Committee to be known as the date of the enactment of this title. nificant contributions to our national herit- ‘‘Ohio & Erie Canal National Heritage Cor- (b) ASSISTANCE.—The Secretary may pro- ridor Committee’’, whose purpose shall be to vide technical assistance in the preparation age of certain historic and cultural lands, assist Federal, State, and local authorities of the Partnership Management Plan. waterways, and structures within the 87-mile Ohio & Erie Canal Corridor between Cleve- and the private sector in the preparation and SEC. 706. LAND USE REGULATION AND PRIVATE implementation of an integrated Corridor PROPERTY PROTECTION. land and Zoar; Management Plan. (a) REGULATION.—Nothing in this title (2) to encourage within the corridor a shall be construed to modify, enlarge, or di- broad range of economic opportunities en- (b) MEMBERSHIP.—The Committee shall be minish any authority of Federal, State, and hancing the quality of life for present and fu- comprised of 21 members, as follows: local governments to regulate any use of pri- ture generations; (1) Four individuals, appointed by the Sec- vately owned land provided by law or regula- (3) to provide a management framework to retary after consideration of recommenda- tion. assist the State of Ohio, its political subdivi- tions submitted by the Greater Cleveland (b) LAND USE.—Nothing in this title shall sions, and nonprofit organizations, or com- Growth Association, the Akron Regional De- be construed to grant the powers of zoning, binations thereof, in preparing and imple- velopment Board, the Stark Development land use, or condemnation to the Partner- menting an integrated Corridor Management Board, and the Tuscarawas County Chamber ship Management Entity, the Secretary or Plan and in developing policies and programs of Commerce, who shall include one rep- any other Federal, State, or local govern- that will preserve, enhance, and interpret resentative of business and industry from ment entity. the cultural, historical, natural, recreation, each of the Ohio counties of Cuyahoga, Sum- SEC. 707. SUNSET. and scenic resources of the corridor; and mit, Stark, and Tuscarawas. The Secretary may not make any grant or (4) to authorize the Secretary to provide fi- (2) One individual, appointed by the Sec- provide any assistance under this title after nancial and technical assistance to the State retary after consideration of recommenda- September 30, 2012. of Ohio, its political subdivisions, and non- tions submitted by the Director of the Ohio SEC. 708. AUTHORIZATION OF APPROPRIATIONS. profit organizations, or combinations there- Department of Travel and Tourism, who is a (a) IN GENERAL.—There is authorized to be of, in preparing and implementing a Corridor director of a convention and tourism bureau appropriated under this title not more than Management Plan. within the corridor. $1,000,000 for any fiscal year. Not more than SEC. 803. DEFINITIONS. (3) One individual, appointed by the Sec- a total of $10,000,000 may be appropriated for For the purposes of this title: retary after consideration of recommenda- the Partnership under this title. (1) The term ‘‘corridor’’ means the Ohio & tions submitted by the Ohio Historic Preser- (b) 50 PERCENT MATCH.—Federal funding Erie Canal National Heritage Corridor estab- vation Officer, with knowledge and experi- provided under this title, after the designa- lished by section 804. ence in the field of historic preservation. October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12247

(4) One individual, appointed by the Sec- appropriate. The Committee may not issue (1) SUBMISSION FOR REVIEW BY COMMITTEE.— retary after consideration of recommenda- subpoenas or exercise any subpoena author- Within 3 years after the date on which the tions submitted by the Director of the Na- ity. Secretary has recognized the management tional Park Service, with knowledge and ex- (b) BYLAWS.—The Committee may make entity for the corridor, the management en- perience in the field of historic preservation. such bylaws and rules, consistent with this tity shall develop and submit for review to (5) Three individuals appointed by the Sec- title, as it considers necessary to carry out the Committee a management plan for the retary after consideration of recommenda- its functions under this title. corridor. tions submitted by the county or metropoli- (c) POWERS OF MEMBERS AND AGENTS.—Any (2) PLAN REQUIREMENTS.—A management tan park boards in the Ohio counties of Cuy- member or agent of the Committee, if so au- plan submitted under this title shall present ahoga, Summit, and Stark. thorized by the Committee, may take any comprehensive recommendations for the (6) Eight individuals appointed by the Sec- action which the Committee is authorized to conservation, funding, management, and de- retary after consideration of recommenda- take by this title. velopment of the corridor. The plan shall be tions submitted by the county commis- (d) CORRIDOR MANAGEMENT PLAN.—Upon prepared with public participation. The plan sioners or county chief executive of the Ohio submission of a draft Corridor Management shall take into consideration existing Fed- counties of Cuyahoga, Summit, Stark and Plan to the Committee from the manage- eral, State, county, and local plans and in- Tuscarawas, including— ment entity, the Committee shall, within 60 volve residents, public agencies, and private (A) from each county, one representative days, review such plan for consistency with organizations in the corridor. The plan shall of the planning offices of the county; and the purposes of this title and endorse the include a description of actions that units of (B) from each county, one representative of plan or return it to the management entity government and private organizations are a municipality in the county. for revision. Upon endorsement of the Cor- recommended to take to protect the re- (7) Two individuals appointed by the Sec- ridor Management Plan, the Committee sources of the corridor. The plan shall speci- retary after consideration of recommenda- shall submit such plan to the Secretary for fy existing and potential sources of funding tions submitted by the Governor of Ohio, approval pursuant to section 808. for the conservation, management, and de- (e) REVIEW OF BUDGET.—The Committee who shall be representatives of the Directors velopment of the corridor. The plan also shall review on an annual basis the proposed of the Ohio Department of Natural Resources shall include the following, as appropriate: expenditures of Federal funds by the man- and the Ohio Department of Transportation. (A) An inventory of the resources con- agement entity for consistency with the pur- (8) The Superintendent of the Cuyahoga tained in the corridor, including a list of pose of this title and the Corridor Manage- Valley National Recreation Area, ex officio. property in the corridor that should be con- ment Plan. (c) APPOINTMENTS.— served, restored, managed, developed, or (1) IN GENERAL.—Except as provided in SEC. 807. MANAGEMENT ENTITY. maintained because of the natural, cultural, paragraph (2), members of the Committee (a) ENTITY.—Upon petition, the Secretary or historic significance of the property as it shall be appointed for terms of three years is authorized to recognize the Ohio & Erie relates to the themes of the corridor. and may be reappointed. Canal Association as the management entity (B) A recommendation of policies for re- (2) INITIAL APPOINTMENTS.—The Secretary for the Heritage Corridor. source management that consider and detail (b) ELIGIBILITY.—To be eligible for designa- shall appoint the initial members of the the application of appropriate land and tion as the management entity of the cor- Committee within 30 days after the date on water management techniques, including ridor, an entity must possess the legal abil- which the Secretary has received all rec- (but not limited to) the development of ity to— ommendations pursuant to subsection (b). Of intergovernmental cooperative agreements (1) receive Federal funds for use in prepar- the members first appointed— to manage the historical, cultural, and natu- ing and implementing the management plan (A) the members appointed pursuant to ral resources and recreational opportunities for the corridor; subsection (b)(6)(B) shall be appointed to a of the corridor in a manner consistent with (2) disburse Federal funds to other units of term of two years and may not be re- the support of appropriate and compatible government or other organizations for use in appointed to a consecutive term; and economic viability. preparing and implementing the manage- (B) the member appointed pursuant to sub- (C) A program, including plans for restora- ment plan for the corridor; section (b)(2) shall be appointed to a term of tion and construction, for implementation of (3) account for all Federal funds received two years and may not be reappointed to a the management plan by the management or disbursed; and consecutive term. entity and specific commitments, for the (4) sign agreements with the Federal Gov- (d) CHAIR AND VICE CHAIR.—The chair and first six years of operation of the plan by the ernment. vice chair of the Committee shall be elected partners identified in said plan. (c) FEDERAL FUNDING.— by the members of the Committee. The (D) An analysis of means by which Federal, (1) AUTHORIZATION TO RECEIVE.—The man- terms of the chair and vice chair shall be two State, and local programs may best be co- years. agement entity is authorized to receive ap- propriated Federal funds. ordinated to promote the purposes of this (e) VACANCY.—A vacancy in the Committee title. (2) DISQUALIFICATION.—If a management shall be filled in the manner in which the (E) An interpretive plan for the corridor. original appointment was made. Any mem- plan for the corridor is not submitted to the Secretary as required under section 808 with- (2) APPROVAL AND DISAPPROVAL OF THE COR- ber appointed to fill a vacancy occurring be- RIDOR MANAGEMENT PLAN.— fore the expiration of the term for which in the time specified herein, the manage- ment entity shall cease to be eligible for (A) IN GENERAL.—Upon submission of the their predecessor was appointed shall be ap- Corridor Management Plan from the Com- pointed only for the remainder of such term. Federal funding under this title until such a plan regarding the corridor is submitted to mittee, the Secretary shall approve or dis- Any member of the Committee appointed for approve said plan not later than 60 days after a definite term may serve after the expira- the Secretary. (d) AUTHORITIES OF MANAGEMENT ENTITY.— receipt of the plan. If the Secretary has tion of their term until their successor has The management entity of the corridor may, taken no action after 60 days upon receipt, taken office. the plan shall be considered approved. (f) COMPENSATION AND EXPENSES.—Mem- for purposes of preparing and implementing the management plan for the corridor, use (B) DISAPPROVAL AND REVISIONS.—If the bers of the Committee shall serve without Secretary disapproves the Corridor Manage- compensation for their service on the Com- Federal funds made available under this title— ment Plan, the Secretary shall advise the mittee. Committee, in writing, of the reasons for the (g) QUORUM.—Eleven members of the Com- (1) to make grants and loans to the State disapproval and shall make recommenda- mittee shall constitute a quorum. of Ohio, its political subdivisions, nonprofit tions for revision of the plan. The Secretary (h) MEETINGS.—The Committee shall meet organizations, and other persons; shall approve or disapprove proposed revi- at least quarterly at the call of the chair- (2) to enter into cooperative agreements sions to the plan not later than 60 days after person or 11 of its members. Meetings of the with, or provide technical assistance to Fed- receipt of such revision. If the Secretary has Committee shall be subject to section 552b of eral agencies, the State of Ohio, its political taken no action for 60 days after receipt, the title 5, United States Code (relating to open subdivisions, nonprofit organizations, and plan shall be considered approved. meetings). other persons; (i) NOT TREATED AS ADVISORY COMMIT- (3) to hire and compensate staff; (b) PRIORITIES.—The management entity TEE.—The Committee shall not be treated as (4) to obtain money from any source under shall give priority to the implementation of an Advisory Committee for purposes of the any program or law requiring the recipient actions, goals, and policies set forth in the Federal Advisory Committee Act (5 U.S.C. of such money to make a contribution in management plan for the corridor, includ- App.). order to receive such money; and ing— SEC. 806. POWERS AND DUTIES OF THE NA- (5) to contract for goods and services. (1) assisting units of government, regional TIONAL HERITAGE CORRIDOR COM- (e) PROHIBITION OF ACQUISITION OF REAL planning organizations, and nonprofit orga- MITTEE. PROPERTY.—The management entity for the nizations— (a) HEARINGS.—The Committee may, for corridor may not use Federal funds received (A) in conserving the corridor; the purpose of carrying out this title, hold under this title to acquire real property or (B) in establishing and maintaining inter- such hearings, sit and act at such times and any interest in real property. pretive exhibits in the corridor; places, take such testimony, and receive SEC. 808. DUTIES OF THE MANAGEMENT ENTITY. (C) in developing recreational opportuni- such evidence, as the Committee considers (a) CORRIDOR MANAGEMENT PLAN.— ties in the corridor; H12248 CONGRESSIONAL RECORD — HOUSE October 1, 1996 (D) in increasing public awareness of and cluding the management entity for the cor- men’s and women’s labor and cooperative or- appreciation for the natural, historical, and ridor) such operational assistance as appro- ganizations, and is the home of the first cultural resources of the corridor; priate to support the implementation of the women’s labor union and the first women’s (E) in the restoration of historic buildings Corridor Management Plan, subject to the secondary school. that are located within the boundaries of the availability of appropriated funds. The Sec- (5) The Hudson River Valley, in its cities corridor and relate to the themes of the cor- retary is authorized to enter into coopera- and towns and in its rural landscapes— ridor; and tive agreements with public and private or- (A) displays exceptional surviving physical (F) in ensuring that clear, consistent, and ganizations for the purposes of implementing resources illustrating these themes and the environmentally appropriate signs identify- this subsection. social, industrial, and cultural history of the ing access points and sites of interest are put (d) DUTIES OF OTHER FEDERAL AGENCIES.— 19th and early 20th centuries; and in place throughout the corridor; and Any Federal entity conducting any activity (B) includes many National Historic Sites (2) consistent with the goals of the man- directly affecting the corridor shall consider and Landmarks. agement plan, encouraging economic viabil- the potential effect of the activity on the (6) The Hudson River Valley is the home of ity in the affected communities by appro- Corridor Management Plan and shall consult traditions associated with Dutch and Hugue- priate means. with the management entity of the corridor not settlements dating to the 17th and 18th (c) CONSIDERATION OF INTERESTS OF LOCAL with respect to the activity to minimize the centuries, was the locus of characteristic GROUPS.—The management entity shall, in adverse effects of the activity on the cor- American stories such as ‘‘Rip Van Winkle’’ preparing and implementing the manage- ridor. and the ‘‘Legend of Sleepy Hollow’’, and re- ment plan for the corridor, consider the in- SEC. 810. LACK OF EFFECT ON LAND USE REGU- tains physical social, and cultural evidence terest of diverse units of government, busi- LATION AND PRIVATE PROPERTY. of these traditions and the traditions of nesses, private property owners, and non- (a) LACK OF EFFECT ON AUTHORITY OF GOV- other more recent ethnic and social groups. profit groups within the geographic area. ERNMENTS.—Nothing in this title shall be (7) New York State has established a struc- (d) PUBLIC MEETINGS.—The management construed to modify, enlarge, or diminish ture for the Hudson River Valley commu- entity shall conduct public meetings at least any authority of Federal, State, or local gov- nities to join together to preserve, conserve, quarterly regarding the implementation of ernments to regulate any use of land as pro- and manage these resources, and to link the Corridor Management Plan. vided for by law or regulation. them through trails and other means, in the (e) ANNUAL REPORTS.—The management (b) LACK OF ZONING OR LAND USE POWERS.— Hudson River Greenway Communities Coun- entity shall, for any fiscal year in which it Nothing in this title shall be construed to cil and the Greenway Conservancy. receives Federal funds under this title or in grant powers of zoning or land use control to SEC. 903. PURPOSES. which a loan made by the entity with Fed- the Committee or management entity of the The purposes of this title are the following: eral funds under section 807(d)(1) is outstand- corridor. (1) To recognize the importance of the his- ing, submit an annual report to the Sec- (c) LOCAL AUTHORITY AND PRIVATE PROP- tory and the resources of the Hudson River retary setting forth its accomplishments, its ERTY NOT AFFECTED.—Nothing in this title Valley to the Nation. expenses and income, and the entities to shall be construed to affect or to authorize (2) To assist the State of New York and the which it made any loans and grants during the Committee to interfere with— communities of the Hudson River Valley in the year for which the report is made. (1) the rights of any person with respect to preserving, protecting, and interpreting (f) COOPERATION WITH AUDITS.—The man- private property; or agement entity shall, for any fiscal year in these resources for the benefit of the Nation. (2) any local zoning ordinance or land use which it receives Federal funds under this (3) To authorize Federal financial and plan of the State of Ohio or a political sub- title or in which a loan made by the entity technical assistance to serve these purposes. division thereof. with Federal funds under section 807(d)(1) is SEC. 904. HUDSON RIVER VALLEY AMERICAN outstanding, make available for audit by the SEC. 811. SUNSET. HERITAGE AREA. Congress, the Secretary, and appropriate The Secretary may not make any grant or (a) ESTABLISHMENT.—There is hereby es- units of government all records and other in- provide any assistance under this title after tablished a Hudson River Valley National formation pertaining to the expenditure of September 30, 2012. Heritage Area (in this title referred to as the such funds and any matching funds, and re- SEC. 812. AUTHORIZATION OF APPROPRIATIONS. ‘‘Heritage Area’’). quire, for all agreements authorizing expend- (a) IN GENERAL.—There is authorized to be (b) BOUNDARIES.— iture of Federal funds by other organiza- appropriated under this title not more than (1) IN GENERAL.—Except as otherwise pro- tions, that the receiving organizations make $1,000,000 for any fiscal year. Not more than vided in paragraph (2), the Heritage Area available for such audit all records and other a total of $10,000,000 may be appropriated for shall be comprised of the counties of Albany, information pertaining to the expenditure of the corridor under this title. Rensselaer, Columbia, Greene, Ulster, such funds. (b) 50 PERCENT MATCH.—Federal funding Dutchess, Orange, Putnam, Westchester, and Rockland, New York, and the Village of Wa- SEC. 809. DUTIES AND AUTHORITIES OF FEDERAL provided under this title, after the designa- AGENCIES. tion of this corridor, may not exceed 50 per- terford in Saratoga County, New York. (a) TECHNICAL ASSISTANCE AND GRANTS.— cent of the total cost of any assistance or (2) AREAS EXCLUDED.—The Heritage Area (1) IN GENERAL.—The Secretary may pro- grant provided or authorized under this title. shall not include any of the following: vide technical assistance and grants to units (A) The counties of Greene and Columbia. TITLE IX—HUDSON RIVER VALLEY (B) Those portions of the counties of of government, nonprofit organizations, and NATIONAL HERITAGE AREA other persons, upon request of the manage- Rensselaer and Dutchess located entirely SEC. 901. SHORT TITLE. ment entity of the corridor, and to the man- within the 22d Congressional District of New agement entity, regarding the management This title may be cited as the ‘‘Hudson York (as such district exists on the date of plan and its implementation. River Valley National Heritage Area Act of the enactment of this Act). 1996’’. (c) MANAGEMENT ENTITIES.—The manage- (2) PROHIBITION OF CERTAIN REQUIRE- ment entities for the Heritage Area shall be MENTS.—The Secretary may not, as a condi- SEC. 902. FINDINGS. tion of the award of technical assistance or The Congress finds the following: the Hudson River Valley Greenway Commu- grants under this section, require any recipi- (1) The Hudson River Valley between Yon- nities Council and the Greenway Conser- ent of such technical assistance or grant to kers, New York, and Troy, New York, pos- vancy (agencies established by the State of enact or modify land use restrictions. sesses important historical, cultural, and New York in its Hudson River Greenway Act of 1991, in this title referred to as the ‘‘man- (3) DETERMINATIONS REGARDING ASSIST- natural resources, representing themes of agement entities’’). The management enti- ANCE.—The Secretary shall decide if the cor- settlement and migration, transportation, ridor shall be awarded technical assistance and commerce. ties shall jointly establish a Heritage Area or grants and the amount of that assistance. (2) The Hudson River Valley played an im- Committee to manage the Heritage Area. Such decisions shall be based on the relative portant role in the military history of the SEC. 905. COMPACT. degree to which the corridor effectively ful- American Revolution. To carry out the purposes of this title, the fills the objectives contained in the Corridor (3) The Hudson River Valley gave birth to Secretary of the Interior (in this title re- Management Plan and achieves the purposes important movements in American art and ferred to as the ‘‘Secretary’’) shall enter into of this title. Such decisions shall give con- architecture through the work of Andrew a compact with the management entities. sideration to projects which provide a great- Jackson Downing, Alexander Jackson Davis, The compact shall include information relat- er leverage of Federal funds. Thomas Cole, and their associates, and ing to the objectives and management of the (b) PROVISION OF INFORMATION.—In coopera- played a central role in the recognition of area, including the following: tion with other Federal agencies, the Sec- the esthetic value of the landscape and the (1) A discussion of the goals and objectives retary shall provide the general public with development of an American esthetic ideal. of the Heritage Area, including an expla- information regarding the location and char- (4) The Hudson River Valley played an im- nation of a proposed approach to conserva- acter of the corridor. portant role in the development of the iron, tion and interpretation, and a general out- (c) OTHER ASSISTANCE.—Upon request, the textile, and collar and cuff industries in the line of the protection measures committed Superintendent of Cuyahoga Valley National 19th century, exemplified in surviving struc- to by the parties to the compact. Recreation Area may provide to public and tures such as the Harmony Mills complex at (2) A description of the respective roles of private organizations within the corridor (in- Cohoes, and in the development of early the management entities. October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12249 (3) A list of the initial partners to be in- (D) assist units of government, regional of the funds made available through this volved in developing and implementing a planning organizations, and nonprofit orga- title; and management plan for the Heritage Area, and nizations in increasing public awareness of (C) the Secretary, with the advice of the a statement of the financial commitment of and appreciation for the natural, historical Governor of New York, approves such exten- such partners. and architectural resources and sites in the sion of funding. (4) A description of the role of the State of Heritage Area; SEC. 908. DUTIES AND AUTHORITIES OF FEDERAL New York. (E) assist units of government, regional AGENCIES. SEC. 906. MANAGEMENT PLAN. planning organizations and nonprofit organi- (a) DUTIES AND AUTHORITIES OF THE SEC- The management entities shall develop a zations in the restoration of any historic RETARY.— management plan for the Heritage Area that building relating to the themes of the Herit- (1) TECHNICAL AND FINANCIAL ASSISTANCE.— presents comprehensive recommendations age Area; (A) IN GENERAL.—The Secretary may, upon for the Heritage Area’s conservation, fund- (F) encourage by appropriate means eco- request of the management entities, provide ing, management and development. Such nomic viability in the corridor consistent technical and financial assistance to the plan shall take into consideration existing with the goals of the Plan; Heritage Area to develop and implement the State, county, and local plans and involve (G) encourage local governments to adopt management plan. In assisting the Heritage residents, public agencies, and private orga- land use policies consistent with the man- Area, the Secretary shall give priority to ac- nizations working in the Heritage Area. It agement of the Heritage Area and the goals tions that in general assist in— shall include actions to be undertaken by of the plan; and (i) conserving the significant natural, his- units of government and private organiza- (H) assist units of government, regional toric, and cultural resources which support tions to protect the resources of the Heritage planning organizations and nonprofit organi- its themes; and Area. It shall specify the existing and poten- zations to ensure that clear, consistent, and (ii) providing educational, interpretive, tial sources of funding to protect, manage environmentally appropriate signs identify- and recreational opportunities consistent and develop the Heritage Area. Such plan ing access points and sites of interest are put with its resources and associated values. shall include specifically as appropriate the in place throughout the Heritage Area; (B) SPENDING FOR NONFEDERALLY OWNED following: (3) consider the interests of diverse govern- PROPERTY.—The Secretary may spend Fed- (1) An inventory of the resources contained mental, business, and nonprofit groups with- eral funds directly on nonfederally owned in the Heritage Area, including a list of any in the Heritage Area; property to further the purposes of this title, property in the Heritage Area that is related (4) conduct public meetings at least quar- especially in assisting units of government to the themes of the Heritage Area and that terly regarding the implementation of the in appropriate treatment of districts, sites, should be preserved, restored, managed, de- management plan; buildings, structures, and objects listed or veloped, or maintained because of its natu- (5) submit substantial changes (including eligible for listing on the National Register ral, cultural, historic, recreational, or scenic any increase of more than 20 percent in the of Historic Places. significance. cost estimates for implementation) to the (2) APPROVAL AND DISAPPROVAL OF COM- (2) A recommendation of policies for re- management plan to the Secretary for the PACTS AND MANAGEMENT PLANS.— source management which consider and de- Secretary’s approval; (A) IN GENERAL.—The Secretary, in con- tail application of appropriate land and (6) for any year in which Federal funds sultation with the Governor of New York, water management techniques, including but have been received under this title, submit shall approve or disapprove a compact or not limited to, the development of intergov- an annual report to the Secretary setting management plan submitted under this title ernmental cooperative agreements to pro- forth its accomplishments, its expenses and not later than 90 days after receiving such tect the Heritage Area’s historical, cultural, income, and the entities to which any loans compact or management plan. recreational, and natural resources in a man- and grants were made during the year for (B) ACTION FOLLOWING DISAPPROVAL.—If the ner consistent with supporting appropriate which the report is made; and Secretary disapproves a submitted compact and compatible economic viability. (7) for any year in which Federal funds or management plan, the Secretary shall ad- (3) A program for implementation of the have been received under this title, make vise the management entities in writing of management plan by the management enti- available for audit all records pertaining to the reasons therefor and shall make rec- ties, including plans for restoration and con- the expenditure of such funds and any ommendations for revisions in the compact struction, and specific commitments of the matching funds, and require, for all agree- or plan. The Secretary shall approve or dis- identified partners for the first 5 years of op- ments authorizing expenditure of Federal approve a proposed revision within 90 days eration. funds by other organizations, that the re- after the date it is submitted. (4) An analysis of ways in which local, ceiving organizations make available for (3) APPROVING AMENDMENTS.—The Sec- State, and Federal programs may best be co- audit all records pertaining to the expendi- retary shall review substantial amendments ordinated to promote the purposes of this ture of such funds. to the management plan for the Heritage title. If a management plan is not submitted to Area. Funds appropriated pursuant to this (5) An interpretation plan for the Heritage the Secretary as required under paragraph title may not be expended to implement the Area. (1) within the specified time, the Heritage changes until the Secretary approves the SEC. 907. AUTHORITIES AND DUTIES OF MANAGE- Area shall no longer qualify for Federal amendments. MENT ENTITIES. funding. (4) PROMULGATING REGULATIONS.—The Sec- (a) AUTHORITIES OF THE MANAGEMENT ENTI- (c) PROHIBITION ON THE ACQUISITION OF retary shall promulgate such regulations as TIES.—The management entities may, for REAL PROPERTY.—The management entities purposes of preparing and implementing the may not use Federal funds received under are necessary to carry out the purposes of management plan under section 906, use Fed- this title to acquire real property or an in- this title. eral funds made available through this terest in real property. Nothing in this title (b) DUTIES OF FEDERAL ENTITIES.—Any title— shall preclude any management entity from Federal entity conducting or supporting ac- (1) to make loans and grants to, and enter using Federal funds from other sources for tivities directly affecting the Heritage Area, into cooperative agreements with, States their permitted purposes. and any unit of government acting pursuant and their political subdivisions, private or- (d) ELIGIBILITY FOR RECEIVING FINANCIAL to a grant of Federal funds or a Federal per- ganizations, or any person; and ASSISTANCE.— mit or agreement conducting or supporting (2) to hire and compensate staff. (1) ELIGIBILITY.—The management entities such activities, shall to the maximum extent (b) DUTIES OF THE MANAGEMENT ENTITIES.— shall be eligible to receive funds appro- practicable— The management entities shall— priated through this title for a period of 10 (1) consult with the Secretary and the (1) develop and submit to the Secretary for years after the day on which the compact management entities with respect to such approval a management plan as described in under section 905 is signed by the Secretary activities; section 906 within 5 years after the date of and the management entities, except as pro- (2) cooperate with the Secretary and the the enactment of this title. vided in paragraph (2). management entities in carrying out their (2) give priority to implementing actions (2) EXCEPTION.—The management entities’ duties under this title and coordinate such as set forth in the compact and the manage- eligibility for funding under this title may activities with the carrying out of such du- ment plan, including taking steps to— be extended for a period of not more than 5 ties; and (A) assist units of government, regional additional years, if— (3) conduct or support such activities in a planning organizations, and nonprofit orga- (A) the management entities determine manner consistent with the management nizations in preserving the Heritage Area; such extension is necessary in order to carry plan unless the Federal entity, after con- (B) assist units of government, regional out the purposes of this title and notify the sultation with the management entities, de- planning organizations, and nonprofit orga- Secretary not later than 180 days prior to the termines there is no practicable alternative. nizations in establishing, and maintaining termination date; SEC. 909. AUTHORIZATION OF APPROPRIATIONS. interpretive exhibits in the Heritage Area; (B) the management entities, not later (a) COMPACTS AND MANAGEMENT PLAN.— (C) assist units of government, regional than 180 days prior to the termination date, There is authorized to be appropriated to the planning organizations, and nonprofit orga- present to the Secretary a plan of their ac- Secretary, for grants for developing a com- nizations in developing recreational re- tivities for the period of the extension, in- pact under section 905 and providing assist- sources in the Heritage Area; cluding provisions for becoming independent ance for a management plan under section H12250 CONGRESSIONAL RECORD — HOUSE October 1, 1996 906, not more than $300,000, to remain avail- BILLS AND JOINT RESOLUTION H.R. 3166. An act to amend title 18, United able until expended, subject to the following PRESENTED TO THE PRESIDENT States Code, with respect to the crime of conditions: false statement in a Government matter; (1) No grant for a compact or management Mr. THOMAS, from the Committee H.R. 4167. An act to provide for the safety plan may exceed 75 percent of the grantee’s on House Oversight, reported that that of journeymen boxers, and for other pur- cost for such study or plan. committee did on the following date poses; and (2) The total amount of Federal funding for present to the President, for his ap- H.J. Res. 197. Joint resolution waiving cer- the compact for the Heritage Area may not proval, bills and a joint resolution of tain enrollment requirements with respect exceed $150,000. the House of the following titles: to any bill or joint resolution of the One (3) The total amount of Federal funding for Hundred Fourth Congress making general or On September 30, 1996: a management plan for the Heritage Area continuing appropriations for fiscal year H.R. 2967. An act to extend the authoriza- may not exceed $150,000. 1997. tion of the Uranium Mill Tailings Radiation (b) MANAGEMENT ENTITY OPERATIONS.— Control Act of 1978, and for other purposes; f There is authorized to be appropriated to the H.R. 3660. An act to make amendments to ADJOURNMENT Secretary for the management entities, the Reclamation Wastewater and Ground- amounts as follows: water Study and Facilities Act, and for other Mr. SOLOMON. Mr. Speaker, I move (1) For the operating costs of each manage- purposes; that the House do now adjourn. ment entity, pursuant to section 907, not H.R. 3458. An act to increase, effective as of The motion was agreed to; accord- more than $250,000 annually. December 1, 1996, the rates of disability com- ingly (at 2 o’clock and 9 minutes p.m.), (2) For technical assistance pursuant to pensation for veterans with service-con- under its previous order, the House ad- section 908 not more than $50,000 annually. nected disabilities and the rates of depend- The Federal contribution to the operations journed until tomorrow, Wednesday, ency and indemnity compensation for survi- October 2, 1996, at 2 p.m. of the management entities shall not exceed vors of certain service-connected disabled 50 percent of the annual operating costs of veterans, and for other purposes; f the entities. H.R. 2988. An act to amend the Clean Air EXECUTIVE COMMUNICATIONS, (c) IMPLEMENTATION.—There is authorized Act to provide that traffic signal synchroni- to be appropriated to the Secretary, for zation projects are exempted from certain ETC. grants (and the administration thereof) for requirements of Environmental Protection Under clause 2 of rule XXIV, execu- the implementation of the management Agency Rules; tive communications were taken from plans for the Heritage Area pursuant to sec- H.R. 2779. An act to provide for appropriate the Speaker’s table and referred as fol- tion 908, not more than $10,000,000, to remain implementation of the Metric Conversion lows: available until expended, subject to the fol- Act of 1975 in Federal construction projects, lowing conditions: and for other purposes; 5398. A letter from the Director, Office of (1) No grant for implementation may ex- H.R. 2700. An act to designate the building Legislative Affairs, Federal Deposit Insur- ceed 50 percent of the grantee’s cost of im- located at 8302 FM 327, Elmendorf, Texas, ance Corporation, transmitting the Corpora- plementation. which houses operations of the United States tion’s final rule—Management Official Inter- (2) Any payment made shall be subject to Postal Service, as the ‘‘Amos F. Longoria locks (12 CFR Part 348) received October 1, an agreement that conversion, use, or dis- Post Office Building’’; 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the posal of the project so assisted for purposes H.R. 1514. An act to authorize and facili- Committee on Banking and Financial Serv- contrary to the purposes of this title, as de- tate a program to enhance safety, training, ices. termined by the Secretary, shall result in a research and development, and safety edu- 5399. A letter from the Director, Office of right of the United States of reimbursement cation in the propane gas industry for the Legislative Affairs, Federal Deposit Insur- of all funds made available to such project or benefit of propane consumers and the public, ance Corporation, transmitting the Corpora- the proportion of the increased value of the and for other purposes; tion’s final rule—Interagency Guidelines Es- project attributable to such funds as deter- H.R. 1031. An act for relief of Oscar Salas- tablishing Standards for Safety and Sound- mined at the time of such conversion, use, or Velazquez; ness (RIN: 3064–AB13) received October 1, disposal, whichever is greater. H.R. 1011. An act to extend the deadline 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Banking and Financial Serv- SEC. 910. SUNSET. under the Federal Power Act applicable to the construction of a hydroelectric project in ices. The Secretary may not make any grant or 5400. A letter from the Director, Office of provide any assistance under this title after the State of Ohio; H.R. 3916. An act to make available certain Legislative Affairs, Federal Deposit Insur- September 30, 2012. Voice of America and radio Marti multi- ance Corporation, transmitting the Corpora- f lingual computer readable text and voice re- tion’s final rule—Applications for a Stay or cordings; Review of Actions of Bank Clearing Agen- SPECIAL ORDERS GRANTED H.R. 4138. An act to authorize the hydrogen cies; Rules of Practice and Procedure (RIN: By unanimous consent, permission to research, development, and demonstration 3064–AB81) received October 1, 1996, pursuant address the House, following the legis- programs of the Department of Energy, and to 5 U.S.C. 801(a)(1)(A); to the Committee on for other purposes; Banking and Financial Services. lative program and any special orders H.R. 4168. An act to amend the Helium Act 5401. A letter from the Executive Director, heretofore entered, was granted to: to authorize the Secretary to enter into National Education Goals Panel, transmit- (The following Member (at the re- agreements with private parties for the re- ting the Panel’s fiscal year 1996 year-end re- quest of Mr. MONTGOMERY) to revise covery and disposal of helium on Federal ports, pursuant to 31 U.S.C. 3512(c)(3); to the and extend his remarks and include ex- lands, and for other purposes; Committee on Government Reform and traneous material:) H.R. 3610. An act making omnibus consoli- Oversight. dated appropriations for the fiscal year end- 5402. A letter from the Deputy Associate Mr. LAFALCE, for 5 minutes, today. ing September 30, 1997, and for other pur- Director for Compliance, Department of the (The following Members (at the re- poses; Interior, transmitting notification of pro- quest of Mr. SOLOMON) to revise and ex- H.R. 3973. An act to provide for a study of posed refunds of excess royalty payments in tend their remarks and include extra- the recommendations of the Joint Federal- OCS areas, pursuant to 43 U.S.C. 1339(b); to neous material:) State Commission on Policies and Programs the Committee on Resources. Mr. SENSENBRENNER, for 5 minutes, Affecting Alaska Natives; 5403. A letter from the Director, Office of today. H.R. 1823. An act to amend the Central Sustainable Fisheries, National Marine Fish- Utah Project Completion Act to direct the eries Service, transmitting the Service’s Mr. SOLOMON, for 5 minutes, today. Secretary of the Interior to allow for prepay- final rule—Atlantic Tuna Fisheries; Adjust- f ment of repayment contracts between the ment [I.D. 092496A] received October 1, 1996, ENROLLED BILL SIGNED United States and the Central Utah Water pursuant to U.S.C. 801(a)(1)(A); to the Com- Conservancy District dated December 28, mittee on Resources. Mr. THOMAS, from the Committee 1965, and November 26, 1985, and for other 5404. A letter from the General Counsel, on House Oversight, reported that that purposes; Department of Transportation, transmitting committee had examined and found H.R. 3871. An act to waive temporarily the the Department’s final rule—Safety Zone truly enrolled a bill of the House of the Medicaid enrollment composition rule for Regulations; Back River and Foster Creek; certain health maintenance organizations; Charleston, SC (U.S. Coast Guard) [COTP following title, which was thereupon H.R. 3074. An act to amend the United Charleston 96–052] (RIN: 2115–AA97) received signed by the Speaker: States-Israel Free Trade Area Implementa- October 1, 1996, pursuant to 5 U.S.C. H.R. 3610. An act making omnibus consoli- tion Act of 1985 to provide the President with 801(a)(1)(A); to the Committee on Transpor- dated appropriations for the fiscal year end- additional proclamation authority with re- tation and Infrastructure. ing September 30, 1997, and for other pur- spect to articles of the West Bank or Gaza 5405. A letter from the General Counsel, poses. Strip or a qualifying industrial zone; Department of Transportation, transmitting October 1, 1996 CONGRESSIONAL RECORD — HOUSE H12251 the Department’s final rule—Pipeline Safety 801(a)(1)(A); to the Committee on Ways and H.R. 4338. A bill to provide relief for domes- Rulemaking Procedures (RIN: 2137–AC94) re- Means. tic producers of tailored wool apparel from ceived October 1, 1996, pursuant to 5 U.S.C. f increased imports of such apparel from Can- 801(a)(1)(A); to the Committee on Transpor- ada; to the Committee on Ways and Means. tation and Infrastructure. PUBLIC BILLS AND RESOLUTIONS 5406. A letter from the General Counsel, f Department of Transportation, transmitting Under clause 5 of rule X and clause 4 the Department’s final rule—Technical of rule XXII, public bills and resolu- Amendments; Organizational Changes; Mis- tions were introduced and severally re- ADDITIONAL SPONSORS cellaneous Editorial Changes and Conform- ferred as follows: ing Amendments (U.S. Coast Guard) [CGD Under clause 4 of rule XXII, sponsors By Mr. ROBERTS: 96–041] (RIN: 2115–AF34) received October 1, were added to public bills and resolu- 1996, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 4336. A bill to restore the authority of tions as follows: the Secretary of Agriculture to extend exist- Committee on Transportation and Infra- H.R. 1317: Mr. LARGENT. structure. ing and expiring contracts under the con- H.R. 3654: Mr. HILLIARD. 5407. A letter from the Chief, Regulations servation reserve program; to the Committee H.R. 3714: Mr. MORAN. Unit, Internal Revenue Service, transmitting on Agriculture. the Service’s final rule—Proposed Tip Re- By Mr. LAFALCE. H.R. 3939: Mr. ENSIGN. porting Agreement for Use in the Gaming In- H.R. 4337. A bill to amend the Truth in H.R. 4102: Mr. HAMILTON and Mr. NEY. dustry (Announcement 96–106) received Octo- Lending Act to prohibit extensions of credit H.R. 4131: Mr. TALENT. ber 1, 1996, pursuant to 5 U.S.C. 801(a)(1)(A); under any open end consumer credit plan the H.R. 4145: Mr. WALSH. to the Committee on Ways and Means. proceeds of which the creditor knows or has H.R. 4148: Ms. NORTON and Mr. DIAZ- 5408. A letter from the Chief, Regulations reason to believe are being used or will be BALART. Unit, Internal Revenue Service, transmitting used by the consumer to make any form of H.R. 4204: Mr. NEAL of Massachusetts. the Service’s final rule—Proposed Tip Re- wager or bet, to play any game of chance, or H. Res. 555: Mr. BISHOP, Mr. FLANAGAN, Mr. porting Agreement for Use in the Hairstyling use any gambling device, and for other pur- JACKSON, Ms. KAPTUR, Mr. LEACH, Mr. Industry (Announcement 96–105) received Oc- poses; to the Committee on Banking and Fi- MINGE, Mr. TORRICELLI, and Mrs. MINK of Ha- tober 1, 1996, pursuant to 5 U.S.C. nancial Services. waii. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, TUESDAY, OCTOBER 1, 1996 No. 139 Senate

The Senate met at 9:30 a.m., and was ities for the good, as well as the safety, Mr. LOTT. Good morning, Mr. Presi- called to order by the President pro of our Nation. dent. tempore [Mr. THURMOND]. We commit ourselves to be sensitive f to the guidance of Your spirit in the PRAYER convictions we express and how we ex- SCHEDULE The Chaplain, Dr. Lloyd John press them. Give us generosity in our Ogilvie, offered the following prayer: attitudes and frugality in our verbiage. Mr. LOTT. Mr. President, for the in- formation of all Senators, this morning Oh God, our help in ages past, Remind us of our accountability to Our hope for years to come You. So fill this Chamber with Your the Senate will be swearing in the new Be our guide while this day shall pass glory and the mind and heart of each Secretary of the Senate. Following the And our eternal home! Senator with Your wisdom. And this oath of office, the Senate will conduct Almighty God, above time and yet morning, gracious God, we thank You a period for morning business until the with us in the passage of time, You for the service of Kelly Johnston as hour of 12:30 p.m. And at 12:30 today, give us enough time in each day to do Secretary of the Senate and welcome the Senate will recess until 2:15 p.m. what You want accomplished. Thank Gary Sisco to this important and cru- for the Republican policy luncheon. You for the minutes and hours of the cial position. We ask Your blessing and Under the previous order, during to- day ahead. Help us to think of them as power on this Senate. Through our day’s session, there will be 3 hours re- Your investment in this day’s account, Lord and Savior. Amen. served for debate on the FAA con- there for us to draw on to do what You ference report for Senators to utilize want us to do on Your timing. May we f throughout the day. As a reminder, neither feel rushed nor restless. Make there will be an additional 3 hours for us good stewards of the gift of time we RECOGNITION OF THE MAJORITY debate tomorrow on that conference re- have today. May we not squander it or LEADER port, with a cloture vote occurring on sequester it. Free us from the manipu- The PRESIDENT pro tempore. The the conference report on Thursday at lation of time. Our mutual goal is to do able majority leader, Senator LOTT of 10 a.m. I expect that the Senate will in- Your will in the order of Your prior- Mississippi, is recognized. voke cloture on Thursday, and it is my

N O T I C E A final issue of the Congressional Record for the 104th Congress will be published on October 21, 1996, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT±60 or S±220 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m., through October 21. The final issue will be dated October 21, 1996 and will be delivered on October 23. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators' statements should also be submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ``Record at Reporters.'' Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Congressional Printing Management Division, at the Government Printing Office, on 512±0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. WILLIAM M. THOMAS, Chairman.

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

S12045 S12046 CONGRESSIONAL RECORD — SENATE October 1, 1996 hope that we will be able to complete House of Representatives of the elec- House of Representatives, Kelly D. Johnston action on the FAA conference report tion of Gary Sisco as Secretary of the has upheld the high standards and traditions shortly following that vote, certainly Senate. of the United States Congress, from his serv- sometime during the day. It conceiv- The PRESIDENT pro tempore. The ice on the staff of the House of Representa- tives from the 96th through the 101st Con- ably could go into the late afternoon, clerk will report. gress and then on the staff of the Senate but we believe we can get that done at The legislative clerk read as follows: from the 102d through the 104th Congress; a reasonable hour. Senators should be A resolution (S. Res. 309) notifying the and aware that votes are possible today House of Representatives of the election of Whereas, through his exceptional service with respect to any other legislative Gary Lee Sisco of Tennessee as Secretary of and professional integrity as an officer and items that are in the clearance process. the Senate. employee of the Senate of the United States, The distinguished Democratic leader Mr. LOTT. Mr. President, I ask unan- Kelly D. Johnston has earned the high es- and I will be talking about, hopefully, imous consent that the resolution be teem, confidence and trust of his associates and the Members of the Senate: Now, there- no longer controversial items that we considered, agreed to, and the motion fore, be it can move by unanimous consent. Of to reconsider be laid upon the table. Resolved, That the Senate recognizes the course, we will advise all our col- The PRESIDENT pro tempore. With- notable contributions of Kelly D. Johnston leagues. out objection, it is so ordered. to the Senate and to his country and ex- f The resolution (S. Res. 309) was con- presses to him its appreciation and gratitude sidered and agreed to, as follows: for faithful and outstanding service. ELECTING GARY LEE SISCO AS f SECRETARY OF THE SENATE S. RES. 309 Resolved, That the House of Representa- OUR NEW SECRETARY OF THE Mr. LOTT. Mr. President, I send a tives be notified of the election of Gary Lee SENATE resolution to the desk electing Gary Sisco of Tennessee as Secretary of the Sen- Lee Sisco as Secretary of the Senate. ate. Mr. LOTT. Mr. President, I appre- ciate the cooperation of the leadership The PRESIDENT pro tempore. The f clerk will report. for getting this confirmation in place. I The legislative clerk read as follows: ADMINISTRATION OF OATH TO think the Senators are aware the name A resolution (S. Res. 307) electing Gary Lee THE SECRETARY OF THE SENATE of KELLY JOHNSTON has been officially Sisco of Tennessee as Secretary of the Sen- The PRESIDENT pro tempore. The received by the Senate to be appointed ate. new Secretary of the Senate, escorted to the Federal Election Commission, Mr. LOTT. Mr. President, I ask unan- by the Senators from Tennessee, will and we hope in the next couple of days imous consent that the resolution be present himself at the desk to take the final action will be taken on that nom- considered, agreed to, and the motion oath of office. ination. to reconsider be laid upon the table. The Honorable Gary Lee Sisco, es- I am very pleased and honored today The PRESIDENT pro tempore. With- corted by the Senators from Tennessee, that we have confirmed Gary Lee Sisco out objection, it is so ordered. to be our new Secretary of the Senate. Mr. THOMPSON and Mr. FRIST, advanced The resolution (S. Res. 307) was con- to the desk of the President pro tem- I have known Gary for over 30 years. sidered and agreed to, as follows: pore; the oath prescribed by law was We were in college together. Even S. RES. 307 administered to him by the President though he is a Tennessean, he had the Resolved, That Gary Lee Sisco of Tennessee pro tempore. very great wisdom of attending the be and he is hereby elected Secretary of the [Applause, Senators rising.] University of Mississippi at Oxford. Senate. Mr. LOTT. Thank you, Mr. President. The Senators from Tennessee, FRED f THOMPSON and BILL FRIST, I know, are f NOTIFYING THE PRESIDENT OF very proud of this new Secretary of the THE UNITED STATES OF THE COMMENDING KELLY D. JOHNSTON Senate, but he did go to Ole Miss, and ELECTION OF GARY LEE SISCO FOR HIS SERVICE TO THE U.S. keep that in mind Thursday night. AS SECRETARY OF THE SENATE SENATE But Gary has been a close personal friend. I have admired him for his atti- Mr. LOTT. Mr. President, I send a Mr. LOTT. Mr. President, I send a tude about Government, his family and resolution to the desk commending resolution to the desk notifying the his relationships with his friends and Kelly Johnston for his service to the President of the election of Gary Sisco his work and his businesses. He is an Senate. as Secretary of the Senate. outstanding human being. The PRESIDENT pro tempore. The The PRESIDENT pro tempore. The He was born in Belvidere, TN. He is clerk will report. clerk will report. married to the former Mary Sue Baylis The legislative clerk read as follows: The legislative clerk read as follows: Sisco of Pascagoula, MS, once again, A resolution (S. Res. 308) notifying the A resolution (S. Res. 310) commending showing his great wisdom. As a matter President of the United States of the elec- Kelly D. Johnston for his service to the U.S. of fact, my wife made the arrange- tion of Gary Lee Sisco of Tennessee as Sec- Senate. retary of the Senate. ments for the first blind date that Gary Mr. LOTT. Mr. President, I ask unan- had with Mary Sue. She is a beautiful Mr. LOTT. Mr. President, I ask unan- imous consent that the resolution be imous consent that the resolution be lady. They have three children: Ste- considered and agreed to, the preamble phen, 23; John, 21; and Mary Katherine, considered, agreed to, and the motion be agreed to, and the motion to recon- to reconsider be laid upon the table. 13. I know they are very proud of their sider be laid upon the table. father this morning, and they are hon- The PRESIDENT pro tempore. With- The PRESIDENT pro tempore. With- out objection, it is so ordered. ored that he would be recognized in out objection, it is so ordered. this way. The resolution (S. Res. 308) was con- The resolution (S. Res. 310) was sidered and agreed to, as follows: If I can take just a few moments to agreed to. give you some more information about S. RES. 308 The preamble was agreed to. Gary. After he attended the University Resolved, That the President of the United The resolution, with its preamble, is of Mississippi and received his bachelor States be notified of the election of Gary Lee as follows: Sisco of Tennessee as Secretary of the Sen- of science in civil engineering in 1967, S. RES. 310 ate. he also received a master of science in f Whereas, Kelly D. Johnston faithfully administration in September 1970 from served the Senate of the United States as George Washington University, and he NOTIFYING THE HOUSE OF REP- Secretary of the Senate during the 104th attended law school at night at the RESENTATIVES OF THE ELEC- Congress, and discharged the duties and re- University of Memphis. Gary is a cap- sponsibilities of that office with unfailing TION OF GARY LEE SISCO AS tain in the U.S. Army Reserves. SECRETARY OF THE SENATE dedication and a high degree of efficiency; and For the past several years, in Nash- Mr. LOTT. Mr. President, I send a Whereas, as an elected officer of the Sen- ville, Gary has been involved in real es- resolution to the desk notifying the ate and as an employee of the Senate and the tate management and sales. And before October 1, 1996 CONGRESSIONAL RECORD — SENATE S12047 that, he had a very distinguished Responsible for all staff operations of Con- Nashville City Bank—Young Executives’ record in Government. After he grad- gressman Beard in Washington and the Sixth Council. uated first, though, from college, he Congressional District of Tennessee. Nashville Entertainment Association— worked for IBM. He was on active duty December 1973 to January 1975: Lamar Al- Charter Member. exander for Governor, Box 1974, Nashville, Nashville Exchange Club—Member. in the Army, and then he started work- TN 37202—State Campaign Manager. Nashville Youth for Christ—Board Chair- ing in political campaigns, including, I Responsible for all of the gubernatorial man and Advisory Board Member. am sure, Howard Baker’s campaigns. campaign activities of the campaign of Gov- Tennessee Council of Private Colleges— He was the campaign State chairman ernor Lamar Alexander for Governor in 1974 Blue Ribbon Commission. for Lamar Alexander when he ran for state-wide. Tennessee Real Estate Commission—Mem- Governor and was elected. He served as October 1971 to December 1973: United ber. administrative assistant to Congress- States Senator Howard Baker (R–Tenn), 2107 f man Robin Beard in the 1975–77 period. Dirksen Building, Washington, D.C. 20510— Executive Assistant. TRIBUTE TO KELLY JOHNSTON So he will understand and have a good Federal Building, Memphis, Tennessee— relationship with the House. Mr. LOTT. Mr. President, I also want West Tennessee Field Director. to take a moment to thank again Kelly Then he also worked for the Senate Responsible initially of the Memphis Sen- in a position I think that is critical ate Office and subsequently for all staff oper- Johnston for his work over many years and will be very helpful to him in this ations of Senator Baker in Washington and for a lot of different Congressmen and new position. He was the executive as- the five offices in the State of Tennessee. Senators. I did not realize that he had sistant to former Senator Howard September 1970 to October 1971: IBM Cor- worked for so many different present Baker, giving him direct involvement poration, 1256 Union Avenue, Memphis, TN Members of the Senate, I think prob- 38104—Marketing Representative. and very and very active participation ably at least three over the years. He Marketing Representative and System En- has done a great job for Senators, like in the administration of a Senate office gineer—Data Processing Division. Respon- JON KYL. And, of course, he worked and understanding the way that that sible for the installation of computers for works. IBM in a variety of businesses in the Mem- with DON NICKLES. He has done an ex- So I am really pleased with this elec- phis area. cellent job as the Secretary of the Sen- tion. I know that Gary Sisco will make October 1968 to September 1970: United ate. us all proud as the Secretary of the States Army USAPERSINSCOM, The Penta- There are some vacancies at the Fed- Senate. So I congratulate him and wish gon Room, 1A885, Washington, D.C. 20510— eral Election Commission, very impor- Automatic Data Processing Project Officer. tant positions. Kelly has cleared the him well. And all I have to say is, ‘‘Go First Lieutenant, Adjutant Generals Corps, to work.’’ process you have to go through in Automatic Data Processing Project Officer, being investigated. We need to get him Gary, good luck to you. USA Personnel Information Systems Com- Mr. President, I ask unanimous con- mand, The Pentagon. there because there are two vacancies sent that the re´sume´ of Gary Sisco be June 1967 to October 1968: IBM Corpora- at the present time, and at least one or printed in the RECORD. tion, 1256 Union Street, Memphis, TN 38104— two more that will be coming up in There being no objection, the mate- Systems Engineer Data Processing Division. April, and at a time when obviously rial was ordered to be printed in the EDUCATION the FEC is going to be the busiest that RECORD, as follows: Central High School, Bolivar, Tennessee— they perhaps have ever been. Re´sume´ Diploma, May 1963. But Kelly will put his great experi- GARY SISCO University of Mississippi, Oxford, Mis- ence in the Congress and the Govern- June 1, 1994 sissippi—Bachelor of Science in Civil Engi- ment and as the Secretary of the Sen- neering, June 1967. Address: 3833 Cleghorn Avenue, Suite 401, ate to use for all Senators and Con- George Washington University, Washing- gressmen, and will work very hard, I Nashville, TN 37215. ton, D.C.—Master of Science in Administra- Telephone: (615) 385–4384. tion, September 1970. know, to make sure that we have clean Fax: (615) 385–4752. The University of Memphis—Attended and honest and appropriate campaigns. Date of birth: October 1, 1945. So, Kelly, we thank you very much, Height: 5′10″. Night Law School. Weight: 175 lbs. MILITARY STATUS and we have been honored by your State of residence: Tennessee. Captain, U.S. Army Reserves, Classified presence. Spouse: Mary Sue Baylis Sisco of IV–A. Would the Senator from Oklahoma Pascagoula. like to add anything? We have done a Children: Stephen Knox Sisco, 23; John PAST AND PRESENT MEMBERSHIPS AND AFFILIATIONS resolution commending him already, in Cartee Sisco, 21; and Mary Katherine Sisco, case the Senator did not see it. Would 13. Bank of Germantown—Board of Directors. the Senator from Oklahoma like to add EXPERIENCE Baptist Health Care System—Board of Trustees and Executive Committee Member. anything? January 1993 to Present: Apartment Man- Baptist Hospital—Board of Trustees and Mr. NICKLES addressed the Chair. agement Corporation, 3833 Cleghorn Avenue Executive Committee Member. Suite 401, Nashville, TN 37215—President/ The PRESIDING OFFICER (Mr. Baptist Properties, Inc.—Board of Trust- CEO. BROWN). The Senator from Oklahoma. Firm specializing in the brokerage and ees. Mr. NICKLES. Mr. President, one, I management of apartment communities. Belmont College: An Agenda for Greatness want to compliment my colleague, the Dixon Springs Investment Company, 3833 Campaign—Chairman of Major Gifts Divi- sion. majority leader, and join him in con- Cleghorn Avenue, Suite 401, Nashville, TN gratulating Kelly Johnston for doing 37215—Shareholder. Boy Scouts of America—Chairman of Firm specializing in the investments of Large Gifts Division. an outstanding job as Secretary of the apartment communities. Education Corporation of America, Inc.— Senate. Secretary of the Senate is one January 1978 to January 1993: Town & Chairman of Executive Committee—Board of the highest positions that we have, Country Real Estate Companies, 3815 Member. maybe the highest nonelected position Cleghorn Avenue, Nashville, TN 37215— Governors Trade Mission to Shan Xi Prov- that we have serving Congress. Chairman/CEO. ince—People’s Republic of China—Delega- I have had the pleasure of knowing tion Member. Diversified Nashville based Real Estate Kelly Johnston from Chickasha, OK, firm with management, sales, development, Health Net—Employer Advisory Commit- insurance, and investment divisions. tee. for a long time. He was my executive April 1977 to January 1978: Elkington, Immanuel Baptist Church. director when I was the chairman of Keltner & Sisco, One Park Plaza, Nashville, Institute of Real Estate Management— the policy committee, the Republican TN 37209—Partner. Member. Policy Committee. He did an outstand- Partner in charge of the Nashville office of Japan-Southeast U.S. Trade Association— ing job in that capacity. And I had the this firm specializing in condominium and Member. pleasure of working with him on the association management with offices in Japan-Tennessee Society—Charter Mem- Senate Campaign Committee, and Nashville, Memphis and Knoxville. ber. January 1975 to April 1977: Congressman Leadership Nashville—Participant. watching him do very able leadership Robin Beard, U.S. House of Representatives, Nashville Area Chamber of Commerce— as the Secretary of the Senate. Washington, D.C. 20515—Administrative As- Member. On behalf of all Senators, I just want sistant. Nashville Board of Realtors—Member. to congratulate him for his service, S12048 CONGRESSIONAL RECORD — SENATE October 1, 1996 thank him for his service, and send him TRIBUTE TO SENATOR NANCY how the patience of Senator KASSE- best wishes, as he would assume new KASSEBAUM BAUM has ultimately triumphed, to- responsibilities at the Federal Election Mr. GORTON. Mr. President, this gether with her willingness to listen to Commission. gives me an opportunity to speak brief- the views of others and to accommo- Mr. THURMOND addressed the Chair. ly at least about those of my col- date them in building a majority for The PRESIDING OFFICER. The dis- leagues, particularly my colleagues on important pieces of legislation origi- tinguished senior Senator from South this side of the aisle, who are volun- nating in that committee. Carolina. tarily retiring from the U.S. Senate Her success in the Kassebaum-Ken- Mr. THURMOND. I am sure I speak this year. I know of no such occasion nedy health care bill is perhaps the sin- on behalf of all Senators when I com- during my career here in which so gle finest example of that form of co- mend Kelly Johnston for the fine job many Members whom I regard as my operation and will remain a very real he has done. He has worked here for a close friends and whom I regard as tribute to a person such as the Senator, number of years in many capacities. He wonderful contributors to the delibera- but is only one of a legion of such ac- has proven himself to be diligent, effi- tions in this body, have chosen to move complishments during the period of her cient, capable. And we are all pleased on to another phase in their lives at ex- three terms in this body. with the way he has handled matters. actly the same time. f We wish him a bright future in the In one sense, of course, first among TRIBUTE TO SENATOR WILLIAM those must be my seatmate in the very years ahead. COHEN Mr. LOTT. Mr. President, I yield the next desk to me on my left here, the Mr. GORTON. Mr. President, another floor. wonderful, charming and distinguished close friend who is retiring is the won- The PRESIDING OFFICER. Who Senator from Kansas [Mrs. KASSE- BAUM]. Senator KASSEBAUM, to the best derful, talented, thoughtful, and intel- seeks recognition? lectual senior Senator from Maine, Mr. NICKLES. Mr. President, I sug- of my knowledge, during my time with BILL COHEN, whose career in the two gest the absence of a quorum. her here has never once raised her voice, but at the same time I have Houses of Congress began in 1973. One The PRESIDING OFFICER. The ab- often been able to describe her as hav- level climaxed during his first term in sence of a quorum has been suggested. ing a will of iron. I cannot tell you, Mr. the House of Representatives when, as The clerk will call the roll. President, how often, even though we a member on the Committee on the Ju- The assistant legislative clerk pro- are closely allied philosophically, I diciary, he sat through the impeach- ceeded to call the roll. have had a particular matter on which ment hearings relating to President Mr. DASCHLE. Mr. President, I ask some other Senator has told me Mrs. Nixon. I was not a Member of this unanimous consent that the order for KASSEBAUM has made a decision and I body, or indeed in Washington, DC, the quorum call be rescinded. have attempted to talk to her about, during that vitally important and pro- The PRESIDING OFFICER. Without perhaps, reconsidering that decision. I found national debate. But I can re- objection, it is so ordered. cannot count the number of occasions member, from afar I gained admiration on which that has happened, but I can for that very junior minority member f easily count the number of occasions of the House Judiciary Committee in on which I have been successful, be- connection with his public agonizing TRIBUTE TO GARY SISCO cause it is none. over an appropriate answer, the way in When the Senator from Kansas has which he asked questions, and the way Mr. DASCHLE. Mr. President, I had thought out an issue and has deter- in which he justified his ultimately ex- another engagement. I apologize for mined a course of action, that is the tremely difficult but, I think, correct not being here a couple minutes ear- course of action she is going to take. It decision on that matter. lier, but I also want to join with our didn’t matter whether it was her He has, of course, been a Member of colleagues in saluting Gary Sisco as seatmate here or the Republican lead- this body during my entire career here, our new Secretary of the Senate. We ership or the President of the United as a thoughtful, highly independent are delighted with his appointment, States who attempted to change that mind, with a brilliant tongue and abil- and we look forward to working with course of action. It would not change. ity to state his position that is almost him. For that reason, I found it particu- entirely unmatched. But, Mr. Presi- I have had the opportunity to talk to larly flattering to have at least a few dent, I think I will remember Senator the majority leader on a number of oc- occasions on which she has asked me COHEN most for his relationship with casions about his qualifications, and for my own views on a subject before another former colleague of ours, Sen- the great respect and admiration that she has made up her mind. On occasion, ator Warren Rudman of New Hamp- is held for him. I must say, it is with at least, it seems to have given my ar- shire. The Presiding Officer remembers great enthusiasm that I welcome him guments or my position some weight. Senator Rudman very well. I often de- to the Senate, and look forward to But it is that strength of character scribe him as the only person I have working with him. coming from her family and the place known in my life who was always We will have many opportunities to in which she lives, and her unerring right, was never shy about sharing his work together, and I look forward to sense of right and wrong, what is prop- absolutely correct views with everyone those. I know that all of my colleagues er and improper, that has caused her to else, and who, even in a crowd of eight share in our welcome and our enthu- make such a profound contribution to Senators, could occupy 75 percent of siasm for him this morning, and our this body. She has made better each of the talking time. Yet, with all of those congratulations. I yield the floor and the Senators with whom she has come qualities, he was greatly beloved by all suggest the absence of a quorum. in contact. I believe I can say that she who came in contact with him and was The PRESIDING OFFICER. The ab- has influenced us all and influenced us a wonderfully effective Senator. sence of a quorum has been suggested. all toward our better natures. The only Member of this body, how- The clerk will call the roll. During these final 2 years of her ca- ever, who could ever prick Senator The assistant legislative clerk pro- reer here in the U.S. Senate, she has, of Rudman’s balloon was Senator COHEN. ceeded to call the roll. course, been the chairman on the Com- He did so constantly, occasionally on Mr. GORTON. Mr. President, I ask mittee on Labor and Human Resources, the floor of the Senate, but literally unanimous consent that the order for and I have had the privilege of serving every day in private relationships. To the quorum call be rescinded. on that third major committee as a listen to the conversations between the The PRESIDING OFFICER. Without junior member. I have observed her pa- two of them and the way in which Sen- objection, it is so ordered. tience in dealing with a large number ator COHEN could deal with Senator Mr. GORTON. Mr. President, is the of members on that committee who are Rudman was a wonderful privilege. Senate in morning business? quite willing to speak out on almost While I know Senator COHEN looks for- The PRESIDING OFFICER. The Sen- every issue, and to do so at length, and ward to another wonderful career, I ate is in morning business until 12:30. I have seen, almost without exception, cannot but suspect that at least one of October 1, 1996 CONGRESSIONAL RECORD — SENATE S12049 the reasons for his retirement now is leader is now on the floor. I have sev- fame. He spent 18 years in the Senate the absence of any other person in this eral other talks like this to make proving that a Rhodes scholar can play body with whom he could deal and about other Members, but for the time hardball when he has to—and disprov- interact in the way in which he did being, I yield the floor. ing the old adage that Senators can’t with our friend from New Hampshire, Mr. LOTT addressed the Chair. jump. We wish him well and know that, Warren Rudman. But Senator COHEN’s The PRESIDING OFFICER. The dis- in more ways than one, we will be hear- wisdom and independence and thought- tinguished Republican leader. ing from him over and over again. fulness will be greatly and profoundly Mr. LOTT. Mr. President, I thank the As we are preparing to leave, one of missed in this body. Senator from Washington for yielding, the bills that is left is the so-called f and also for his very kind remarks. ‘‘parks bill.’’ I found myself last night f here in the well talking to the Senator TRIBUTE TO SENATOR HANK from New Jersey. He was involved BROWN DEPARTING SENATORS working with the Senator from Alaska, Mr. GORTON. Mr. President, you, Mr. LOTT. Mr. President, 14 of our Senator MURKOWSKI, to find a way to Senator BROWN, happen to be the Pre- colleagues will be retiring from the get that one last bill done. He last left siding Officer as I come to the floor to Senate at the end of this year. That is his mark on this institution, and his make these remarks. You are the one almost one-seventh of this body. Their mark on some outstanding legislation. Member whose decision not to return I departure represents a major turnover And we look forward to working with can least understand. Senator BROWN in the membership of the Senate, an in- him in a different role in the future. has been a friend, recommended to me stitution which prizes itself on its con- Of course, my good friend sitting in by one of his closest friends in the tinuity and its gradual pace of change. the Chair this morning, Senator HANK House of Representatives as his closest With these 14 leaving, surely the Sen- BROWN of Colorado, leaves us far too friend, during the course of this last 6 ate will be a different place next year. soon after only one term in the Senate. years. You, perhaps above all of us on We have been enriched by these 14 Sen- I remember very well receiving his this side of the aisle, have been abso- ators each in their own way, and in call—I believe it was 2 years ago right lutely unafraid to take a position many ways over the years. after we had the election. In fact, I was which would gain you only a tiny hand- In the last 2 weeks it has been very running for a position myself at the ful of votes. I know how many times I hectic here, and I would have taken the time. And he was giving me sugges- have come back to you during a roll- floor earlier to comment about these tions. But he also wanted me to know. call to inquire whether or not one of distinguished Senators except for that ‘‘And, by the way, I am leaving.’’ I al- your amendments could reach double very busy schedule. But I am glad now most passed out. I could not believe it. digits during the course of a rollcall. that I have the time to talk with a lit- I cannot envision serving in the Con- But it has been one of your great fea- tle leisure, and maybe even tell some gress without HANK BROWN. He is just tures—a willingness to say, ‘‘no,’’ the special stories that I remember about one of the most insightful Members I conventional wisdom is not correct, some of these Senators. Each of them have ever known—brilliant in a very the easy way out is not the right way deserve special recognition. modest way. I really do wish we had time to get to go; there is a different way, a way I am glad so many Senators have spo- him on the Finance Committee because that is better for the American people, ken at length about those who will his hand on the tax policy of this coun- better for all of us, albeit more dif- soon leave us. I went back and read try would have been a wonderful sight ficult. several of the statements that were made Friday and Saturday, including to behold. I know there have been occasions—a I remember that several of the things some of the statements by Senators few occasions at least—in which those I have done over the years, that prob- that will be leaving—particularly Sen- views have been expressed with such ably have gotten me into more trouble ator COHEN of Maine. I found his re- eloquence that they have actually pre- than I wanted, had been suggested by vailed in this body, and there are a marks very interesting and enlighten- HANK BROWN. I will not forget my ing, and typical of the Senator from number of times in which you can say, friend from Colorado. We surely will Maine. with I hope most of us, that, ‘‘But for miss HANK, and we know that, again As everyone knows, the last few me, the final result would have been like the others, we will be hearing from different, and we are better off for me weeks have been an extraordinarily him, and that his insightful intellec- having been here.’’ busy time. We have managed to deal tual integrity and his unfailing cour- Your cheerfulness and happiness and with many items that have been tesy will continue to serve him well as your willingness to deal with adversity stalled but most importantly we suc- he goes back to his beloved Colorado. has, I think, been an inspiration to cessfully pulled together the omnibus Senator BILL COHEN seems also far every single one of us in this body. I do appropriations bill that will fund most too young, both in years and in spirit, have every hope that you will be suc- of the Federal Government and direct to have served in Congress for 24 years. cessful in whatever lies ahead in your many of its policies for years ahead. It Senator COHEN of Maine, Senator COCH- career. I do know that not just by this wasn’t easy for some Members and RAN of Mississippi, and I were sworn in Senator, but I believe by all of your staff. It took literally weeks, and many together as Members of the House of colleagues, you will be greatly and of the Senators and staff members Representatives in 1973. We all have wonderfully missed. stayed up literally all night for 2 been together really ever since, even One last point in that connection nights in a row. They did great work, though the two of them came over to which I found, about a year and a half and we are very proud of their work. the Senate in 1978 and I didn’t come ago, to be particularly profound was We are proud that we were able to over. I trailed along 10 years later. We your role in the very difficult decision complete our work last night in a bi- have been through some incredible ex- made by my other seatmate, the junior partisan fashion. There was an over- periences together. Senator from Colorado, to change par- whelming vote for that work product. I I have grown over the years to just ties, and to come over to this side. I believe the vote was 84 to 15. come to admire and respect BILL COHEN don’t know whether he would have So now in the little time we have left so much. On the Armed Services Com- been able to bring himself to do that at in this 104th Congress I can finally get mittee we are not just colleagues but the same time or in the same way had around to paying proper respects, al- comrades. We worked together to ad- it not been for the constant encourage- though in an abbreviated form, to vance our Nation’s security. We have a ment, friendship, thoughtfulness, and these distinguished Senators. common interests in the magnificent guidance that you provided for him. Senator BILL BRADLEY of New Jersey, cruisers and destroyers that defend our That itself will be a part of your herit- for example, is widely expected to re- shores so well. age, which will live in this body long main a force in our national politics. BILL COHEN turned out to be a novel- after you have left it yourself. That is a tactful way of saying he is ist and a poet. He even published a I must say this will be a lesser place too impressive to ignore and too young book of poems. I mean, can you imag- without you. I note that the majority to be relegated to the political hall of ine? Most people would do well to write S12050 CONGRESSIONAL RECORD — SENATE October 1, 1996 one poem. He has written a book of ligence, the modesty, and the persist- dinner held in his honor. Unfortu- poems, as well as being an expert on ence of Senator MARK HATFIELD of Or- nately, we were having a couple of matters as diverse as weapons systems egon. He has been working here for 30 votes, and it was interrupted a little and the problems of the elderly—and years as a central figure in the bit, but a tremendous outpouring of af- always as an independent thinker for progress and the dramas of the Amer- fection from his constituents and from the people of his State and for our ican Republic. He is now an institution his colleagues in the Congress showed country. within this institution. He has been him just how much we do appreciate There are many issues on which we more than a witness to great events of him. disagree, and we didn’t always vote to- the last 30 years. He has been a key Senator NANCY KASSEBAUM, of Kan- gether, obviously. But none of them participant in many of them. sas, came to Washington many years could diminish our mutual respect or I remember when I first came to ago as a staff member to then Senator my admiration for his dedication to his Washington in 1968 as a 26-year-old James Pearson, of Kansas. So I guess I State and to his country. young staffer. MARK HATFIELD was al- should say she worked her way up the We all certainly wish he and Janet ready here and making a mark, and ladder. Godspeed in the years ahead. making waves sometimes. But because Six years ago, when she was con- Senator JIM EXON from Nebraska has of MARK’s work over these three dec- templating retirement, her colleagues served with distinction as ranking ades, American education has been sported buttons saying ‘‘Run, Nancy, member of the Senate Budget Commit- transformed, American health care and Run.’’ I wore one. We wanted her to tee. As a junior member of that com- medical research are revolutionized, stay. She ran, and, to no one’s surprise mittee, I far preferred him in the latter and public policy is more humane, she won overwhelmingly. If we had pre- role in the minority. But I respected more just, and more compassionate. vailed upon her to run again, she would his commitment and appreciated his That is his memorial, and it is far larg- win again. fairness no matter what party was in er a monument than the many statues Now it is time, she says, to go to—I the majority. that line the corridors of this Capitol. think she calls it a farm. I had occa- There may be no more thankless task Senator HOWELL HEFLIN of Alabama sion to be in Topeka, and I landed at in the Senate than trying to steer the is often called the Judge, and for good the airport, and there was NANCY budget process, from either side of the reason. It is more than a reference to KASSEBAUM, casually dressed and look- aisle. And it takes a lot of teamwork his previous position in the State of ing awfully relaxed and making me and cooperation between the chairmen. Alabama. It is a tribute to his tempera- jealous that she was already in that In the last couple of years Senator DO- ment and his fairness, a special knowl- frame of mind that she was enjoying MENICI and Senator EXON—I watched edge of the way he deals with issues retirement in her beloved land of To- them work together many times stand- and with people. peka, KS. ing shoulder to shoulder in the same Some people say he talks a little I could pay her tribute, as other Sen- position. I know I speak for all of us in funny. I never noticed it. I think he has ators have, in appropriate flowery lan- expressing our appreciation for JIM’s no accent whatsoever. But I do get a guage, but in the final analysis I need leadership, for his friendship, and for little chuckle out of the fact some- only say this: When NANCY first came all the times his prairie personality times that people come over and say, to the Congress, she was referred to as has taken the edge off the sharp issues, ‘‘Intrepret that for me.’’ But whatever Alf Landon’s daughter, but henceforth and helped us to see the other side. he is saying, it is worth listening to. the identification will be reversed. In fact, I have enjoyed this very year. The Judiciary Committee will be From here on out, Alf Landon will be He would come over on to the floor and poorer for his absence. We will all miss known as NANCY KASSEBAUM’s father. say, ‘‘You know, Dole is trying to get the way his self-effacing approach to a Senator SAM NUNN, of Georgia, also me to be his running mate, and I am contentious matter could reinforce the has spent 24 years in the Senate, dur- giving it a lot of thought.’’ comity that should always prevail in ing which time our country and all He always had something to say that this body. While we share his happiness mankind have gone through tremen- just loosened you up a little bit. at the prospect of spending more time dous changes. One thing that has not I have enjoyed working with him. with his family, he and Mrs. Heflin will changed is SAM NUNN’s single-minded Senator SHEILA FRAHM of Kansas has be missed from our Senate family. devotion to his country’s security in a been with us for only a matter of They truly have been a family. Any- dangerous world. Let me say some- months. Coming to the Senate in the time there was an event off this floor, thing indelicate but something every aftermath of Senator Dole’s departure, Mrs. Heflin was there. They were al- one of his colleagues know. The Senate she immediately faced extraordinary ways a team. They were great rep- did not have to be the highest post to circumstances which she met with ad- resentatives for our country in foreign which SAM NUNN aspired. But he made mirable effort and ability. affairs. his choices, and we are thankful for She has dealt with both her official So I hasten to add, speaking as a them. duties and her political position with a neighbor, that they will be warmly His independent judgment has heartfelt commitment to the people of welcomed across the border, and I steadied the Senate in rocky times. I Kansas. know we are going to see a lot more of know that from personal experience. Someone once defined courage as them here in Washington also. As a member of the Armed Services grace under pressure. SHEILA FRAHM Senator J. BENNETT JOHNSTON, of Committee, I worked with SAM in a bi- has exceeded that standard. To grace Louisiana, is another neighbor, and we partisan way across the aisle on many she has added an unfailing cordiality, a have often worked together on regional issues, many times very controversial no-nonsense devotion to her work that matters. issues. Even now on the Sunday morn- really defines what it means to be a While no one has ever doubted his ing talk shows, when most of the Senator of the United States. loyalty to his party, he has often guests are on, I am flipping over to a In the Senate, it is not how long you helped us bridge our differences to football game or reading the paper or are a member of the team. It is how reach consensus. That has been espe- going out in the backyard to water the you handle the plays for the time that cially true in his role, first as chair- flowers. When SAM NUNN is on, I stop you are on the field. I know I am not man, then as ranking minority mem- and listen because what he has to say alone in looking forward to her next ber, on the Energy and Natural Re- is always very important and very im- appearance in whatever arena of public sources Committee. pressive. His solid character has given service that she chooses. He now ends 24 years of service in the weight to our deliberations. He has I referred earlier to the hard work, Senate and the Nation. It is hard to be- been a Senator’s Senator, and I thank the long hours, and the positive way in lieve it has actually been that long. His him for the gift of his example. which we reached a bipartisan conclu- departure will not end the friendship Senator CLAIBORNE PELL now closes sion to our omnibus appropriations bill on both sides of the aisle, the best trib- out 36 years—36 years—six terms in the just last night. A lot of the credit has ute to his standing among us. In fact, Senate. That is longer than many to go to the gentle nature, the intel- just last night there was a tremendous Members, particularly in the House, October 1, 1996 CONGRESSIONAL RECORD — SENATE S12051 have been alive. As a young diplomat We just thought it was an expression of ‘‘AL, don’t touch that. But if you do, in postwar Europe, he saw the imposi- our affection for him. I think he en- don’t mention my name.’’ tion of Soviet communism upon East- joyed it, and we certainly all enjoyed No one knows better than I how dif- ern Europe. But he was here to greet it. He has received so many tributes ficult it is to be his opponent. By the the leaders of those same nations that day and since from Senators it has same token, I know firsthand how de- when, two generations later, they re- left me very little I can say in addi- voted he is to the Senate, how loyal he claimed their independence and their tion, but he certainly has also left a is to his conscience, and how, many liberty. Among us here he has always mark here, not just his trademark bow times, come next year we will wish we retained the skills of the diplomat. No ties, as they do not represent the im- were there, having him stand tall— one can recall an angry word or de- portant things about him—a thought- very tall—among us all. structive gesture on his part. fulness about issues, a civility about I yield the floor. I wonder how many college students, disagreements, a coolness about crises. Mr. BURNS addressed the Chair. present and past, realize that he is the The Senate’s loss in his leaving is tem- The PRESIDING OFFICER. The Sen- ‘‘Pell’’ in their Pell grants. It is no pered by our certainty that it is hardly ator from Montana is recognized. matter, for his satisfaction has been in the end of his presence in public life in f doing, not in the credit. We give it to our country. We will be hearing his TRIBUTE TO THE LATE JUDGE him nonetheless with appreciation for voice. We will be reading his insights JAMES FRANKLIN BATTIN what he has meant to the Senate and for many years to come. to the Nation. Last and not least is the tall cowboy Mr. BURNS. Mr. President, I rise I was very much impressed with the from Wyoming, ALAN SIMPSON, prob- today to pay tribute to one of Mon- comments of the Senator from North ably one of the better known Members tana’s favorite citizens, who died last Carolina [Mr. HELMS], just recently. He of the Senate. Once you have seen him, Friday. Some will remember his name was emotional, and he said, ‘‘I admit it it is hard to forget him. Of course, and some will remember his presence because we all love this man.’’ And it is among all his other achievements over in these halls of Congress. Judge James typical. the years—he has been in leadership, Franklin Battin left a legacy of service I was going down the hall on the first he has been highly involved in many is- to this Nation and to our State of Mon- floor one day when I had the whip of- sues—he has done radio shows, I think tana, and to everyone who came in con- fice adjoining his little office. He almost daily, in which he and his friend tact with him. He was 71 years old. He stopped me, and he said, ‘‘Have you from Massachusetts, Senator KENNEDY, died of cancer at his home in Billings, ever seen my little room in here where exchange pleasantries. It is great to MT. He is survived by his wife Barbara, I do most of my work?’’ I had not, and listen to them. It is always hard hit- two daughters, and a son who is now I walked in. It is an incredible room. I ting, insightful and funny. They genu- serving as a member of the California encourage my colleagues, if you inely like each other; you can tell it in State legislature. haven’t been in it, go. First of all, it is the radio show. The judge was born February 13, 1925, not real tidy. It has a smell of history, The news media relish his keen and in Wichita, KS, and was a personal and it has a look of history—pictures sometimes acerbic comments. He is al- friend to former Senator and now Pres- that go back 50 years, 100 years, docu- ways good for a laugh with those west- idential candidate Bob Dole, of Kansas. ments. It is a museum, and it is one ern stories that he seems to embellish Both of them being born in Kansas, we room of one Senator in this building more and more every time he tells can see why. But he moved with his down on the first floor. I have enjoyed them. I have heard some of them many family to Billings in 1929. getting to know Senator PELL. times, and they are funny every time. The life story of ‘‘Big’’ Jim Battin Senator DAVID PRYOR, of Arkansas, is Yet we should not miss the point of his reads like the life story of this great a holder of the triple crown of Amer- famous humor. He uses it as a tool to United States. There are stories like ican politics. He has served as Gov- deflate pomposity, to replace tension this one all over America, but they are ernor, Congressman, and Senator. I with camaraderie, to replace argument not told or given their proper space in guess you could consider that the ulti- with communication. American lore. When this Nation called mate in recycling. They say you never The 104th Congress is closing with a during its great time of need and peril know who your friends are until you landmark victory for Senator SIMPSON, in World War II, he answered. He run into real trouble. Well, when DAVID enactment of an illegal immigration served in the U.S. Navy, earned two ran into trouble a few years ago with bill on which he has long labored. I battle stars at Saipan and Okinawa. some rather serious heart problems, a know in many respects he will consider He also answered the call to serve the heart attack while at home alone in his it his crown jewel, his greatest accom- people of eastern Montana, and rep- bed, the extent and the depth of his plishment legislatively over the years. resented them and America in the friendships in the Senate became clear. It really frustrated me a week or so House of Representatives from 1961 There is no greater tribute than having ago when it looked like we might actu- until President Nixon appointed him colleagues worry about your absence. ally lose it or lose major portions of it, Federal district judge in 1970. No one could say that Senator PRYOR but he was determined, he was relent- Everyone who knew him here as a is flashy in the traditional sense. That less, he was aggressive, and again he Congressman had great respect for is why his quiet work on the Finance employed his best weapon of all, him. He was known for his vision, his Committee and on the Aging Commit- humor. But just this past Saturday, at wisdom, and a quick wit. More impor- tee, which he formerly chaired, has 2:30 in the morning, ALAN SIMPSON was tant, he was known for his integrity: made a difference and has rightly been ramming around these corridors look- His word was his bond. All these great his proudest accomplishment. Even ing for where the meetings were on il- characteristics he carried over in his now he is having some difficulty with a legal immigration. He was not going to work on the bench and the important family member who has had to have let them escape his grasp. Every place decisions he made every day that af- some surgery and is going, I believe, to the negotiations settled for a meeting fected peoples’ lives. Houston for further evaluation this to talk about various subjects that al- To Jim Battin, all people had faces. I very week, and I have watched here in ways led to illegal immigration, lo and know of no one who ever met or dealt the Chamber as Senator after Senator behold the door filled up with the with Big Jim who had the feeling that go up to DAVID—Republican, Democrat, image of AL SIMPSON once again. he did not care, this tall Congressman conservative, liberal, North, South, it We all know that there is much more from Montana, who had a heart as big makes no difference. They genuinely he wanted to accomplish, but the as the sky and as big as the State he are interested and concerned because times, and perhaps the tempers, were represented. DAVID is interested and concerned. We not right. So we have much to come From a personal standpoint, I feel a salute him for all he has done. back to next year, including those hot great loss. He was one that I went to PAUL SIMON, he of the bow tie. I wires that Senator SIMPSON had the when I was confronted with problems thought it was a great tribute to him courage to grasp barehanded. Some- arising out of Washington. Who better last week when we all wore bow ties. times we would all stand back and say, to go to, than a man who was held in S12052 CONGRESSIONAL RECORD — SENATE October 1, 1996 high esteem here? No matter how busy thoughtful, balanced and strong immi- Mr. President, I suggest the absence his schedule, he always took the time, gration policy or a myriad of other is- of a quorum. and we would visit. So, I have lost a sues, ALAN SIMPSON’s views are sought The PRESIDING OFFICER. The great friend, adviser, and teacher. out by his companions and given great clerk will call the roll. There is one other thing, though, I weight by them. The bill clerk proceeded to call the will not miss—his great negotiating Perhaps the finest symbol of the roll. ability on the first tee. He loved the reach and scope of ALAN SIMPSON’s in- Mr. DASCHLE. Mr. President, I ask game of golf, and he played it with terest and influence is his years of unanimous consent that the order for great passion. short radio debates with Senator KEN- the quorum call be rescinded. We do not say goodbye very often in NEDY, the leading Member of the other The PRESIDING OFFICER. Without our country; we just say, ‘‘So long.’’ party. While I heard only a few dozen objection, it is so ordered. Even though our trails will part now, of them, each one shows Senator SIMP- f they will cross again someday. SON’s patented wit, as well as his abil- FAREWELL TO SENATOR Mr. President, I yield the floor, and I ity to get to the absolute heart of the KASSEBAUM suggest the absence of a quorum. particular issue. The PRESIDING OFFICER. The Those are sets of qualities that are Mr. DASCHLE. Mr. President, for clerk will call the roll. not likely soon to be duplicated here in much of her life and political career, The legislative clerk proceeded to the U.S. Senate, and as a consequence, NANCY KASSEBAUM has been in the call the roll. every Member will miss ALAN SIMPSON company of political giants. There was Mr. GORTON. Mr. President, I ask as a U.S. Senator, and I believe I can her father, Alf Landon, who had served unanimous consent that the order for say that every Member of the U.S. Sen- as Governor of Kansas and was the Re- the quorum call be rescinded. ate will miss ALAN SIMPSON as a friend publican nominee for President in 1936. The PRESIDING OFFICER. Without whom they see on each and every day. And there is that other Senator from objection, it is so ordered. Last in this series, but far from least, Kansas, Bob Dole, who happens to be f Mr. President, is my friend and neigh- this year’s Republican nominee for bor, MARK HATFIELD, the senior Sen- President. TRIBUTE TO ALAN SIMPSON AND ator from Oregon. We are brought to- Entering the U.S. Senate is intimi- MARK HATFIELD gether, of course, by geography, by the dating enough—but to be following a Mr. GORTON. Mr. President, there fact that so many of the regional chal- path forged by two such powerful fig- are two others of my colleagues on this lenges that affect one of our States af- ures must have been truly overwhelm- side of the aisle about whom I would fects the other as well. By the very real ing. like to speak briefly this morning. The geographic fact that rivers join to- NANCY LANDON KASSEBAUM was more first, of course, is one who has been the gether rather than separate and the than equal to the challenge. She quick- subject of innumerable tributes al- boundary between our two States, ly emerged as a thoughtful, powerful, ready, the wonderfully delightful and through most of its length, is the Co- and highly respected force in this witty senior Senator from Wyoming, lumbia River. Chamber. ALAN SIMPSON. So, in any event, we would have been In fact, she was elected to the Senate There is almost nothing I can say pushed together for the solution or for by defeating her opponent by a larger that can add to the tributes that have answers to these regional questions, margin than had Senator Dole when he already been made. ALAN SIMPSON is but our association is far greater than squared off against the same person. unique. The single wittiest Member of that. I can say, Mr. President, that In office, she established herself as a the Senate, whose legion of stories is when I arrived in this body in 1981 and moderate, centrist force in her party so great that you can hear one 3 years viewed my 99 colleagues, the single in- and in the Senate, which she is. But after you first heard it, without having dividual who most closely fit the best Senator KASSEBAUM’s moderation was listened to it in the interim, and it is possible academic or idealistic profile never mistaken for lack of fortitude. as funny the second time as it was the of a U.S. Senator was MARK HATFIELD, No one can be more determined or first. I must confess there were a num- in bearing, in demeanor, in dress, in more tenacious in pursuit of a cause or ber that I tried to memorize so I could voice, in mind and in ideas. a principle. tell them myself. To be in a place of in- MARK HATFIELD is an individual who, Again, her service as chair of the formality with ALAN and to listen to as much as any other I ever met, is Senate Labor and Human Resources what he has to say is an extraordinary able to combine a great loyalty toward Committee has been characterized by privilege. a set of ideas and directions which fairness, tolerance, and moderation. It But, of course, that does not make make and preserve a political party, has been characterized by her efforts to him a U.S. Senator. Commitment and with an independence of judgment and make America a better place to live hard work and dedication to principle an unwillingness to delegate his final and work, as witnessed by her recent are what make an outstanding Member decisionmaking authority to anyone cooperation with Senator KENNEDY in of this or of any other legislative body. else. That is a very difficult balance, securing passage of the Kennedy-Kasse- And the degree of thoughtfulness and Mr. President, but MARK HATFIELD, I baum legislation to improve access to attention that Senator SIMPSON has fo- am certain from the beginning of his decent health care for millions of cused on a wide range of issues, those career, certainly during the 14 years Americans. representing his own quintessential that we have been here together, has Indeed, Senator KASSEBAUM has rural Western State, but even more sig- perhaps best exemplified that wonder- worked to make life better for all peo- nificantly those that affect the future ful balance: a chairman of an Appro- ple in all lands. As chair and ranking of the United States, its place in the priations Committee, tolerant, willing member of the Subcommittee on Afri- world, its society and its culture, all to listen to the views of others within can Affairs of the Foreign Relations have fallen within the ambit of ALAN his own party and in the other party, a Committee, she has worked to improve SIMPSON’s interest. firm and fine negotiator with whatever the lives of the young and the impover- Whether it has been the almost con- administration is in power, but at the ished on that continent. stant support of a strong and successful same time, someone who never has lost There is an infectious optimism foreign policy for the United States, sight of his goal of a more thoughtful, about her, as she has always found the whether it has been his thoughtful ex- more peaceful, more generous America. glass half-full, and she has that won- amination of questions relating to the MARK HATFIELD’s influence on this derful ability to make others feel the budget and the tax relief of the Amer- body will live for many years, perhaps same way. There is a basic decency ican people, his dedication to seeing to for generations, after he has left. Oth- about her as she always seeks the high it that this Congress and administra- ers, beside myself, will look back and road. tion actually seriously begin the at- say that MARK HATFIELD was their In announcing her retirement from tempt of balancing the budget, whether ideal of what a U.S. Senator ought to the Senate, she did not disparage poli- it is on his latest crusade for more be. tics or politicians. There were no cheap October 1, 1996 CONGRESSIONAL RECORD — SENATE S12053 jokes or cheap shots. Instead, she an- Drug Administration reform legisla- mittee on the Food and Drug Adminis- nounced her retirement by encouraging tion. tration, chaired by former FDA Com- young Americans to choose politics as It has been extremely disappointing missioner and Assistant Secretary for a future endeavor. to me that efforts to prod the FDA into Health, Dr. Charles Edwards, examined ‘‘Politics is the lifeblood of democ- meaningful reform have not been fruit- this issue. The panel recommended racy,’’ she explained. ‘‘We have become ful. It is doubly disappointing because, that Congress enact legislation, ‘‘that a great nation because so many Ameri- our colleague, Senator KASSEBAUM, and preempts additional and conflicting cans before us chose to be involved in her staff have spent countless hours State requirements for all products shaping our public life, focusing our crafting a solid reform bill, a bill that subject to FDA regulation.’’ national priorities, and forging consen- won overwhelming, bipartisan support The issue of Federal preemption is sus to move forward.’’ from the Labor and Human Resources extremely important for several indus- Now, as NANCY KASSEBAUM moves Committee. tries, especially over-the-counter forward to the next phase in her life— In remarks before this body earlier drugs, cosmetics, and foods. I was as she says, ‘‘to pursue other chal- this year, I outlined my views on the heartened when the Labor and Human lenges, including the challenge of being need for FDA reform and the principles Resources Committee approved Sen- a grandmother’’—I, and every Member which should be embodied in any re- ator GREGG’s amendment on national of this Chamber, wish her the best. form legislation. I continue to believe uniformity for over-the-counter drugs f that reform of this tiny, but impor- during consideration of the FDA re- tant, agency is sorely needed, reform form legislation, S. 1477, but was dis- FAREWELL TO SENATOR BROWN that will both streamline its oper- appointed that Senator GREGG did not Mr. DASCHLE. Mr. President, I have ations and preserve its commitment to extend the concept further in his had the good fortune to know Senator ensuring the public health. amendment. HANK BROWN for some time. I know that many who have worked Let us take the cosmetics industry as Since being elected to the Senate in on the FDA issues are discouraged, but a case in point. 1990, he has been a tenacious advocate we can be proud of three significant re- In the United States, the cosmetics for the principles he holds, especially forms to food and drug law this year: sector of the economy represents an es- on matters of fiscal restraint. His serv- the first being the drug and device ex- timated $21 billion in annual sales, a ice on the Senate Judiciary, Veterans’ port amendments I authored with Rep- significant amount by almost any Affairs, and Budget committees were resentative FRED UPTON; the Delaney measure. It consists of over 10 billion all marked by his consistent support of clause reform embodied in the pes- individual packages that move through conservative-Republican causes. ticide legislation the President re- the stream of interstate commerce an- But, I point out, Mr. President, that cently signed; and the animal drug nually. These include soap, shampoo, while few people can be as vigorously amendments so long championed by mouthwash, and other products that partisan in pursuit of the causes in Senator KASSEBAUM. It seems, there- Americans use daily. These hundreds which they believe, even fewer people fore, that the revolutionary course we and hundreds of product lines, and could be more respectful or more polite charted for FDA reform at the begin- thousands and thousands of products in their opposition. ning of the 104th Congress, evolved into are each subject to differing regulation a path evolutionary in nature, but still Senator BROWN is genuinely liked in the various States—even though all productive nonetheless. and admired by Members on this side of must meet the rigorous safety, purity Much more remains to be done, and I the aisle, many of whom he has worked will continue to work with my col- and labeling requirements of Federal with during his service on the Senate leagues next year to advance the work law. Budget, Judiciary, Foreign Relations, Given this volume of economic activ- we started this year. There are many and Veterans’ Affairs committees. This ity, it is imperative that manufactur- priorities for further action, among also includes those he worked with ers be able to react quickly to trends in them—speeding up generic drug ap- the marketplace; they must have the under difficult, strenuous cir- provals, clarifying how tissue should be cumstances like the Clarence Thomas regulated, expediting medical device ability to move into new product lines hearings and the BCCI scandal. Fur- approvals, deficiencies in the foreign and move in to and out of new geo- thermore, he has worked with Demo- inspections program, and rigorous graphic areas with a minimum—but crats to help preserve our precious, but oversight of the Dietary Supplement adequate—level of regulation to ensure limited environment, through efforts Health and Education Act’s implemen- the products are not adulterated and like getting the Rocky Mountain Arse- tation. are made according to good manufac- nal declared a national wildlife refuge. Another issue that I would like to see turing practices. Working with HANK BROWN has been a addressed next year is one that has Today, cosmetics manufacturers are pleasure. been periodically on the FDA radar competing more and more in a global Although he is leaving us after only screen: the issue of national uniformity economy, and are making products one term, this worthy adversary, and in regulation of products that fall consistent with the international har- the qualities he brought with him to within the FDA’s purview. monization of standards in such large the Senate, will be missed by Demo- In 1987, FDA Commissioner Frank marketing areas as the European crats and Republicans alike. Young, in response to California’s Union. A single nationwide system for In announcing his retirement, Sen- Proposition 65, was on the verge of is- regulating the safety and labeling of ator BROWN said that he was looking suing an FDA regulation that would cosmetic products would be a great ‘‘forward to being full time in Colo- have acted to preempt certain warning step in helping that industry move to- rado.’’ I can understand and appreciate statements required by the State of ward the international trends in mar- that. Colorado is a beautiful State California. In fact, in August of that keting. At the same time, it would be filled with wonderful people. I wish him year, Commissioner Young wrote the a more efficient system, since allowing the best. Governor of California to underscore individual States to impose varying la- Mr. HATCH addressed the Chair. his concerns about the potential nega- beling requirements inevitably leads to The PRESIDING OFFICER. The Sen- tive effect of Proposition 65 on ‘‘the higher prices. ator from Utah. interstate marketing of foods, drugs, In other words, the time has more f cosmetics and other products regulated than come for enactment of a national by the FDA.’’ uniformity law for cosmetic regula- FOOD AND DRUG ADMINISTRATION Further, Commissioner Young point- tion. It is my hope that this issue will REFORM LEGISLATION IN THE ed out that ‘‘the agency has adequate be high on our congressional agenda 104TH CONGRESS procedures for determining their safety next year. Mr. HATCH. Mr. President, as the and taking necessary regulatory action In closing, Mr. President, I want to 104th Congress winds to a close, I want- if problems arise.’’ offer my great respects to Chairman ed to take this opportunity to com- Although ultimately this regulation KASSEBAUM for the hours, weeks and ment on the demise of the Food and was not issued, the 1991 Advisory Com- months of time she has devoted to the S12054 CONGRESSIONAL RECORD — SENATE October 1, 1996 FDA reform issue. Although I have Mr. President, the Clinton adminis- oners housed at the jail.’’ Let me go paid tribute to Senator KASSEBAUM in tration is citing the State of Maryland, into it again. separate remarks here, I must reiterate in part, because ‘‘food is served luke- ‘‘* * * [the jail] fails to provide un- again how much her reputation for warm or cold’’ to these murderers and derwear to newly arrested people who equilibrium and fairness have lent to rapists. are wearing ‘unacceptable’ underwear development of an FDA reform pro- This is not all. The Clinton adminis- at the time of their arrest. Unaccept- posal which cleared the committee in tration insists that Maryland provide able underwear is defined by [the jail] such a bipartisan fashion. these killers and rapists ‘‘one hour of as any underwear other than all white Finally, I must also pay tribute to out-of-cell time daily. At least five underwear devoid of any ornamenta- the lead staffer on FDA issues, Jane times per week, this out of cell activity tion or decoration * * *. As a practical Williams, who has worked virtually should occur outdoors, weather permit- matter, this practice results in inmates round-the-clock to try to fashion a ting.’’ [Letter of Mr. Patrick, May 1, having no underwear for extended peri- good, fair, bipartisan reform bill. Jane 1996, to Governor Parris N. Glendening, ods of time * * *.’’ [April 16, 1996 letter more than exceeded that goal, and I page 12]. That is right Mr. President, from Mr. Patrick to Mayor Meyera E. think this body should give her some the hardened criminals who are the Oberndorf, pages 2, 5.] much-deserved recognition. worst of the worst, who require special This is ridiculous. Can you imagine I yield the floor. supervision, have a constitutional it, Mr. President? The Federal Govern- f right to fresh air, to go outdoors. This ment, led by the Clinton administra- does not represent law and order. This tion, is fighting for the alleged right of PRESIDENT CLINTON’S CODDLE A is the coddling of vicious criminals. inmates to wear underwear, and in the CONVICTED CRIMINAL CAM- Mr. President, this coddling cam- name of the Constitution, no less. PAIGN, PART II paign does not end at Maryland’s Some of these inmates include accused Mr. HATCH. Mr. President, an ad- Supermax facility. While time does not murderers and rapists. James Madison ministration’s crime policies are a web permit a full airing of this little known has got to be rolling over in his grave. of many factors. They include, for ex- Clinton administration campaign, let On October 18, 1993, the Clinton ad- ample, the kind of judges a President me share with my colleagues just some ministration listed ‘‘conditions at the will appoint. They include an adminis- of its more egregious outrages. [Grenada City, MS] jail [which] violate tration’s prosecutorial policies and its Bear in mind, Mr. President, that the constitutional rights of the pris- outlook on the drug problem and how certain penal policies may be desirable. oners confined therein.’’ [October 18, to combat it. And they include the But, the Constitution permits criminal 1993 letter from Acting Assistant Gen- scope and nature of prisoners’ rights an prisoners to be afforded much less than eral Attorney General James P. Turner administration asserts against State the ideal. The Constitution certainly to Mayor L.D. Boone, page 2]. The Clin- and local government prisons and jails. does not require States and localities ton administration noted that its in- I have spoken several times about to adopt model policies, as the Clinton spection ‘‘revealed that inmates are soft on crime Clinton administration administration seems to be trying to not provided an exchange of clean judges. President Clinton has been soft cram down the throats of State and linen, such as sheets, blankets, pillows, on drugs. After years of declining use, local governments. and pillow cases on a scheduled weekly the drug problem is on the rise—on The Clinton administration sent a basis.’’ [page 4]. On July 21, 1994, the President Clinton’s watch. And there is June 1, 1995, letter to the Lee County city signed a consent decree at the no way that he can avoid the criticism. jail in Georgia, a jail which had 27 in- Clinton administration’s behest, which Today, I wish to speak again about mates at the time. Here is one of the codifies in a court decree this require- the Clinton administration’s coddle a unconstitutional conditions the Clin- ment of weekly linen service. convict program. The President is re- ton administration found at this jail: Just weeks later, however, the Con- sponsible for protecting the constitu- ‘‘Inmates receive only two meals a stitution changed according to the tional rights of convicted criminals day, and crackers and soda for ‘lunch.’ Clinton administration: ‘‘Prisoners and arrestees incarcerated in State and They do not receive juice or milk should have a clean clothes and linen local prisons and jails. This is pursuant * * *’’ [June 1, 1995 letter from Assist- exchange at least three times per to the Civil Rights of Institutionalized ant Attorney General for Civil Rights week.’’ [August 3, 1994 letter from Mr. Persons Act [CRIPA]. Deval L. Patrick to John L. Leach, III; Patrick to Sheriff Robert McCabe, Nor- I might add that I was the deciding page 3]. folk, VA city jail, page 8.] vote on that act, and was the prime co- Mr. President, doesn’t your heart Mr. President, I am sure it is sound sponsor, along with Senator Bayh, of just bleed? The inmates of this county penal policy to provide clean clothes that act many years ago. jail do not get juice or milk. So, let us and linen exchange once or even three Convicted criminals do have some make a Federal case out of it, at least times a week. But the Clinton adminis- constitutional rights and we provided according to the Clinton administra- tration has no business imposing its for them in that act; but, understand- tion. Let us threaten to sue this Geor- policy preferences as requirements on ably, those rights are very sharply cir- gia county, let us use the vast power of States and localities under the false cumscribed. And, to my mind, the Clin- the Federal Government to ensure that guise of enforcing the Constitution. In- ton administration takes a very liberal the 27 inmates at this county jail get mates’ clothing and linen have to be- view of these rights and reads the their juice or milk. come awfully wretched before a con- rights of the accused and of convicted I am confident of one thing, though: stitutional violation occurs. This is an criminals more favorably than the Con- these crooks must get their cookies extra-constitutional convenience, a stitution requires or even permits. during the day. How do I know? Be- Clinton administration coddle, and not On June 4, 1996, I drew the Senate’s cause if they didn’t, the Clinton admin- the enforcement of the Constitution. attention to some of the constitutional istration would be claiming a violation The Clinton administration’s cod- violations the Clinton administration of their constitutional rights. dling of criminals does not stop there. claimed the State of Maryland was Moreover, Mr. President, according The Clinton administration is compel- committing at its Supermax facility. to the Clinton administration, those ling jails and prisons to ‘‘ensure that This facility holds the worst of the arrested and detained for crimes have a no inmate has to sleep on the floor.’’ most vicious criminals in the Maryland constitutional right to wear under- The Clinton administration told the State prison system—murderers, rap- wear. You don’t believe me, Mr. Presi- Tulsa County Jail that it must ists, and other hardened criminals. dent? Am I satirizing the Clinton ad- ‘‘[p]rovide all inmates within twenty- Now, is the Clinton administration ministration policies? four hours of their admission with a citing the State of Maryland because it Let me quote from the Clinton ad- bunk and mattress well above the beats the convicts at Supermax? No. Is ministration’s April 16, 1996 letter to floor.’’ [September 13, 1994 letter from the Clinton administration citing the Virginia Beach, VA city jail. Here Mr. Patrick to Lewis Harris, page 15.] Maryland because it tortures or starves is one of the ‘‘conditions [which] vio- It is certainly preferable to give in- these vicious criminals? No. late the constitutional rights of pris- mates a bunk to sleep in. But, jail and October 1, 1996 CONGRESSIONAL RECORD — SENATE S12055 prison space do not always match the and overall cooling, as indicated by the more expansively when it cited the Lee number of criminals and detainees re- 91 degrees Fahrenheit temperature and County jail for exercise violations—the quiring incarceration. The Constitu- the 75 percent relative humidity in the same jail that allegedly violated the tion does not require a bunk for every cell housing areas. * * ’’ [page 5]. Does Constitution by not providing juice or inmate. Sleeping on a mattress on a that sound like cruel and unusual pun- milk to the inmates. The Lee County floor or on the floor itself may not be ishment to you, Mr. President? jail must provide not 5 days of outdoor convenient, but the Constitution does I know of thousands, hundreds of exercise, but 7 days a week of outdoor not require prisons and jails to afford thousands of Americans who live no exercise. [page 6]. comfortable lodging for every criminal. better than that. But our prisonors Let me touch on another Clinton ad- But just listen to the bleeding heart have to be coddled. We have to take ministration coddle. According to the of the Clinton administration, time good care of them and make sure they Clinton administration’s reading of the and again bringing the full weight of all have air conditioning. Constitution, ‘‘loss of meals must the Federal Government down on the The Clinton administration has re- never be used as a punitive measure.’’ lentlessly fought for the rights of in- law enforcement systems of our local- [April 23, 1996 letter from Mr. Patrick mates to outdoor exercise and to exer- ities and States. On October 26, 1993, to Mr. John Moore, Coffee County, cise equipment. It complained to the the Clinton administration advised the Commission, GA, page 3.] From time Onondaga County jail of Syracuse, NY, Lee County jail in Mississippi that the immemorial, parents have sent chil- jail ‘‘is routinely overcrowded. [Its ca- that, ‘‘ ‘outdoor recreation facilities’ consist of only 1 operative basketball dren to bed without supper as punish- pacity] is 54, but there were 80 inmates ment. But, just let a prison or jail try on the first day [of the Justice Depart- hoop and underinflated basketballs [and no other type of equipment.]’’ My it on a convicted criminal, and they ment’s tour]’’ and occasionally the in- will wind up with the Federal Govern- mate population is about double the goodness, here is the Clinton adminis- tration’s demand on that county jail: ment on their backs, courtesy of the jail’s capacity. This means ‘‘that some ‘‘Existing outside recreation space Clinton administration. inmates have to sleep on bunks in the must be equipped with sufficient sport- Moreover, the Clinton administration day rooms, on mattresses on the floor, ing/recreation equipment to afford objected to a jail’s inmate handbook and on top of the day room prisoners the opportunity to partici- which ‘‘instructs inmates to eat ‘quick- tables ** *.’’ That is unconstitutional, pate in large muscular activity. [The ly’. This is contrary to generally ac- according to the Clinton administra- Jail] must assure that both indoor and cepted correctional practice,’’ claims tion. [October 26, 1993 letter from Mr. outdoor recreation programs exist for the Clinton administration [page ]. But Turner to Billy Davis, pages 2, 3.] The prisoners.’’ [October 18, 1994 letter from the Clinton administration has no au- Clinton administration demanded that Mr. Patrick to Mr. Nicholas J. Perio, thority to impose generally accepted the jail ‘‘house[] only an appropriate page 14.] correctional practices on State and number of inmates and that none of I am sure the citizens of New York local governments. It can only remove the inmates sleep on the floor.’’ [page State and the rest of our States can unconstitutional conditions at state 8]. sleep easier knowing the Nation’s jail and local prisons and jails. The Clinton Indeed, Mr. President, take a look at inmates have this constitutional right administration is seeking, once again, how the Clinton administration han- to participate in large muscular activ- to constitutionalize what it considers dled the Forrest County, MS, jail. The ity with sufficient sporting and recre- to be sound correctional policy. Clinton administration cited the jail ation equipment. I am sure we all rest Now, let me read, in its entirety, one because it ‘‘is consistently over- easier knowing that these inmates of the ‘‘unconstitutional conditions’’ crowded. Although the facility is de- have a right to indoor and outdoor found at the Dooly County, GA, jail. signed to house 172 inmates * * * [it recreation programs. This jail has a capacity of 36 inmates: has] housed up to 242 individuals on a Mr. President, while the Constitution ‘‘Food sanitation is poor. The Jail single day. On the day of [the Justice may require a minimum opportunity does not have a kitchen. Food is ob- Department’s] tour * * * the jail for inmates to exercise, there is no con- tained from a nearby, private estab- housed 203 inmates. Inmates have slept stitutional right to exercise out of lishment. The lunch meal on the day of on mattresses on the floor for the past doors. And there certainly is no con- our tour, tuna fish, was served at ap- year.’’ [July 6, 1993 letter from Mr. stitutional right to exercise equipment proximately 65 degrees Fahrenheit. Turner to Lynn Cartlidge, Attachment, and indoor and outdoor recreation pro- This is much warmer than food safety page 4]. grams. standards permit.’’ [June 1, 1995 letter The Clinton administration, with the Some of these programs may make full leverage of its resources, prevailed of Mr. Patrick to Mr. Wayne West, sense as a matter of policy. I have no page 5.] upon the county to enter into a con- particular objection, for example, to That is it. The serving of that warm sent decree nearly 2 years later. The outside exercise, which inmates can ob- tuna fish violated the Constitution. consent decree provides that, ‘‘[t]he tain without exercise equipment. But jail’s population shall not exceed the the Clinton administration has no busi- On the same day, the Clinton admin- rated capacity of 172 unless temporary ness imposing these programs on istration found the following ‘‘condi- conditions exist beyond the control of States and localities in the name of the tions at the Mitchell County, GA, jail [the County].’’ Even then, the county Constitution. The Clinton administra- violate the Constitutional rights of must do all it can within its control to tion is seeking to constitutionalize its prisoners: get the inmate population down to 172 notion of enlightened prison policy and ‘‘* * * The food is transported by car [Consent decree, paragraphs 67–69]. cram it down the throats of our State in styrofoam or polystyrene containers Mr. President, the inmates at Forrest and local prisons and jails. not designed to maintain proper food County jail, or any other jail or prison, The Clinton administration cited the temperatures. During our tour, the hot do not have a constitutional right to be Calhoun County, GA, jail for allowing food for the evening meal, which routinely housed at a jail with no over- prisoners only 2 hours a week of out of should be served at a minimum of 140 crowding whatsoever. But the inmates’ cell exercise, staff availability permit- degrees fahrenheit, was served at 115 allies in the Clinton administration ting, and providing no exercise equip- degrees fahrenheit.’’ The Constitution have created that right for them. ment. The Clinton administration de- allegedly requires such proper insula- Mr. President, the Clinton adminis- manded that, ‘‘Inmates * * * be pro- tion and temperatures for inmates’ tration has also discovered a constitu- vided with exercise outdoors when food. [June 1, 1995 letter from Mr. Pat- tional right to fresh air for the in- weather permits, one hour per day, five rick to Benjamin Hayward, page 6, 9.] mates. According to the Clinton ad- days per week. Reasonable exercise Mr. President, I could go on and on, ministration, the Lee County, MS, equipment should be provided.’’ [June about the areas just mentioned, as well jail’s ‘‘installation of individual domes- 1, 1995 letter from Mr. Patrick to Mr. as additional areas where the Clinton tic-type air conditioners did not pro- Calvin Schramm, pages 3, 5]. administration seeks to coddle crimi- vide minimum ventilation for the pur- On the same day, the Clinton admin- nals by demanding extra-constitutional poses of fresh air supply, air exchange istration read the Constitution even privileges for them. S12056 CONGRESSIONAL RECORD — SENATE October 1, 1996 Scarce Federal law enforcement re- ington Metropolitan Airports Author- Mr. WARNER. Mr. President, he said sources would be better utilized by fo- ity jurisdiction. In that legislation and ever so clearly that a bond, which will cusing on putting more criminals be- in subsequent pieces of legislation, it have to be issued next year to fund the hind bars rather than worrying about was the wisdom of Congress that we ongoing modernization at both air- whether their tuna fish is too warm need to constitute a special board to ports, that bond cannot be issued with- once they get there; whether their hot have some oversight responsibilities. It out this legislation in place, and prep- food is lukewarm, or heaven forbid, was highly controversial. The thought arations must commence now to go cold; whether they get juice or milk was that this board could bring to the into the financial markets early in 1997 with their meals; whether they have to attention of the metropolitan author- to get that next increment of funding sleep on a mattress on the floor rather ity and others the particular needs of required for this modernization. than a bunk a certain number of inches the users. That is not an issue that is at con- off the floor; whether they get outdoor As it turned out, the Federal courts test, but it is an issue that can lit- exercise, exercise equipment, and said that was unconstitutional, and we erally put into semiparalysis the oper- recreation programs; and whether they finally, now, had a Supreme Court deci- ation of these two airports; indeed, not get to wear underwear. sion which knocked down the functions only the inconvenience of a shutdown And the Clinton administration of that legal entity. This bill puts into of remodeling, but there are some safe- should stop diverting scarce State and place the legislative corrections to im- ty ramifications in air travel incor- local resources toward defending plement the decisions of the Supreme porated in having an ongoing orderly against, or bowing to, these bleeding- Court and other Federal courts that process of modernization and having it heart concerns. have addressed this issue. completed on schedule. Mr. President, I was the author, It is essential that legislation be So, I fervently urge my colleagues to along with Birch Bayh, of the Civil passed for the very simple reason that address this legislation as early as pos- Rights for Institutionalized Persons as the Members of the U.S. Senate sible and to put in place the correc- Act. I was the deciding vote on that hopefully will begin their journeys tions that are found in this bill that vote. I believe it was in 1978 or 1979. It home later this week, they will go will enable the Washington Metropoli- could have been 1980. It was an impor- through the airport and see both air- tan Airport Authority to continue an tant bill. I believe in it. I do not think ports partially remodeled. Unless this orderly modernization process. I thank the Chair. I yield the floor. criminals should have their constitu- legislation is in place, that remodeling, The PRESIDING OFFICER. The Sen- by necessity, will have to stop. The tional rights violated any more than ator from Kansas. anybody else. funds will run out. f But these assertions of the Clinton I have just talked to the general administration and these demands and counsel of the Washington Metropoli- WHY AFRICA MATTERS: TRADE these consent decrees and these costs tan Airports Authority. I ask unani- AND INVESTMENT to the taxpayers in those State and mous consent to have printed in the Mrs. KASSEBAUM. Mr. President, I local areas are absurd. Frankly, we RECORD certain documentation he will rise to finish a series of speeches about have to get them out of the pockets be providing the Senate today. Africa and why Africa matters to the and lives of our State and local govern- There being no objection, the mate- United States. I am sure many of us, ments. When they find true constitu- rial was ordered to be printed in the over the recent years, have looked at tional issues, true constitutional RECORD, as follows: the Continent of Africa with some de- wrongs, they ought to right them. But METROPOLITAN WASHINGTON AIR- spair, seeing one crisis after another these are not constitutional issues or PORTS AUTHORITY, occur; and seemingly, as one is re- wrongs that need to be righted, and we Alexandria, VA, October 1, 1996. solved, there is only another nation have to give the State and local gov- Hon. JOHN WARNER, U.S. SENATE, WASHING- TON, D.C. that has a terrible tragedy occur, a ernments some flexibility. We also DEAR SENATOR WARNER: We write to advise coup and civil war ensues. have to understand that these mur- you of the critical importance to the Air- I have spoken in a series of speeches derers and rapists and others have ports Authority of the enactment of the Con- about, one, our vulnerability in the committed these crimes and they ference Report on H.R. 3539, the Federal United States to infectious diseases should not be coddled in the jails of Aviation Reauthorization Act of 1996. coming out of Africa, and addressed the this country. In addition to critical measures providing many ways in which environmental Mr. President, I think we ought to for improved security at all airports, and au- crises in Africa can touch Americans thorizing expenditures for the continuation quit making a distortion out of the of the airport improvement program grants right here at home. I have also ad- Civil Rights for Institutionalized Per- and funding for the FAA, the Conference re- dressed how international crime, ter- sons Act and do what is right. But this port contains vitally important provisions to rorism, and narcotics trafficking in Af- is typical of this administration, and I restore the powers of the Airports Authority. rica affect our own sense of security had to make these comments. Since an April 1995 court order, the Air- here at home. I yield the floor. ports Authority has been without basic pow- I believe that Africa does matter. But The PRESIDING OFFICER. The Sen- ers to award contracts, adopt a budget, I believe there is also a great deal of ator from Virginia. change regulations, or issue more revenue hope for the countries of Africa. I be- bonds. This is a serious matter for any public lieve there are many positive things f agency; for us, it goes to the heart of our business. that we should consider, and should not FEDERAL AVIATION ADMINISTRA- forget. Today, I want to conclude with TION REAUTHORIZATION As you know, the Airports Authority is en- gaged in a $2 billion program to reconstruct a topic that I believe many people have Mr. WARNER. Mr. President, I rise Washington National and expand Washing- overlooked in relation to Africa: trade to urge the Senate, as quickly as pos- ton Dulles International. We are now at the and investment. sible, to address and pass the current stage where we must raise more funds At the start of this Congress, I began piece of legislation relating to the air- through the sale of revenue bonds in order to the work of the Subcommittee on Afri- keep the construction work on track. ports. I do so for a very special reason. Enactment of the Conference Report now can Affairs in the Foreign Relations Three airports primarily serve the is essential to our ability to issue bonds next Committee by chairing a hearing on bulk of the requirements of the Con- spring, and our overall ability to provide trade and investment in Africa. I think gress and the Federal Government, and first-class air service to the public. it is appropriate to conclude the work the Greater Metropolitan Washington We therefore strongly urge that the Senate of this Congress on Africa issues by re- area: National Airport, Dulles Airport, take action on the Conference Report before turning to this underemphasized area. and Baltimore International. it adjourns. The focus of our hearing 2 years ago Some almost now, I think, a decade Thank you for your steady support on this was not only to examine the potential matter over the past two years. We look for- ago, I, together with others in this ward to working with you in the future. role of private sector development in Chamber, fashioned the statute by Sincerely, Africa, but also to bring to life the ben- which Dulles and National became ROBERT F. TARDIO, efits to the United States of increased independent, subject only to the Wash- Chairman. trans-Atlantic commercial ties. October 1, 1996 CONGRESSIONAL RECORD — SENATE S12057 Over the past few years, investment Africans themselves want trade, not barriers. We should support the re- and trade flows between the United aid. They recognize that it is foreign moval of barriers to trade among Afri- States and Africa have increased sub- trade and investment, not foreign aid, can countries and support efforts stantially. Many companies, particu- that provides the basis for sustained aimed at regional economic integra- larly communications, infrastructure development, economic growth and tion. At the same time, the United and engineering firms, see Africa as a new jobs, and trade with Africa does States must also lower its own trade major growth market. In a time of re- not benefit only Africans. As I pointed barriers that unfairly discriminate duced foreign aid, a focus on trade and out, it helps us as well. New markets against African goods. This means al- investment must be a fundamental for American exports mean new jobs lowing imports, such as textiles, coffee, component of our overall foreign policy here at home. and sugar, into the United States in a toward the continent. In the coming years, we should try to fair and equitable manner. The laws of How many people know that there is direct more of our foreign assistance economics apply in Africa as they do more trade between the United States toward building the foundations for elsewhere, and we should do all that we and the countries of Africa than be- long-term economic development in Af- can to ensure that the established rules tween the United States and the states rica. We should work in partnership of free trade do as well. of the former Soviet Union? One of the with international financial institu- Mr. President, to conclude, I am opti- best-kept secrets, I think, about U.S. tions, of other donors and, of course, mistic about the economic potential of relations with Africa is the tremendous the African leaders to help meet the Africa. During my almost two decades amount of trade and potential trade continent’s critical infrastructure of work on African issues in the Sen- also that occurs between our country needs. I have always believed if the ate, I have observed firsthand the tre- and the African Continent. continent of Africa had a transpor- mendous and commendable efforts In 1993, U.S. exports of goods and tation system across the continent, made by the peoples of the many na- services to sub-Sahara Africa totaled whether railroads or roads, it would tions of the African Continent. nearly $4.8 billion. This is 20 percent help immensely the trade between Af- At the same time, I also am sober greater than exports to the Common- rican nations themselves. Without an about Africa’s future and realize that wealth of Independent States of the adequate network of roads, airports without continued American engage- former Soviet Union. By some esti- and telecommunications to knit the ment, Africa will not be joining the mates, every extra $1 billion in Amer- countries of Africa together, economic rest of us as we enter the next millen- ican exports to Africa adds some 19,000 growth in Africa will face inherent nium. Leaving Africa behind would raise new jobs in the United States. Exports structural limits. to southern Africa alone are respon- There are, of course, purposes for for- important threats to our people and sible for an estimated 60,000 jobs in this eign assistance other than promoting our national interests. Emerging and country. economic growth. American assistance proliferating infectious diseases do not Over the past 50 years, the African plays an important part in addressing respect international borders, nor do Continent has undergone tremendous pressing social and humanitarian needs environmental crises on a large scale. Let me say, even more important to change, as African nations have wres- in many African countries. But the re- leaving Africa behind would be to lose tled with decolonization, independence ality is that present levels of aid in Af- and, for some, democratization. Africa a tremendous opportunity for all of us rica cannot and will not continue in- to benefit from the continent’s rich has many success stories to tell, and definitely. heritage and potential. As we approach the continent’s tales of overcome hard- Increased U.S. trade and investment the beginning of the new millennium, ships are admirable, indeed. But these in Africa making the countries of Afri- America’s future will be brighter if Af- stories of progress rarely make head- ca full partners in the world’s unprece- rica’s is as well. lines. More often, the news tells of the dented economic prosperity provides f political problems that remain, of po- the only real basis for future African litical and economic instability, waste, economic self-sufficiency. The many THE SITUATION IN LIBERIA corruption, unsound economic policies. changes underway in Africa, though Mrs. KASSEBAUM. Mr. President, I These problems are serious and, in encouraging, are not enough. Countries want to make a few comments about many African countries, they have sti- that have begun economic reforms recent events in Liberia. fled investment and choked off growth must do more, and countries that have The 6-year civil war has killed over and trade. But the truth is that a re- not, must do so. 150,000 Liberians and displaced 1.2 mil- markable transformation is underway Sub-Sahara Africa currently attracts lion people. The country’s infrastruc- in Africa. less than 3 percent of the total foreign ture has been laid waste, and its econ- Nearly two-thirds of African coun- direct investment flowing to develop- omy is in ruins. Time and again, Libe- tries are now at some stage of demo- ing countries and economies in transi- rians have reached tentative peace cratic transition, compared with only tion. Our policies toward Africa should agreements, only to watch them fall four in 1989. More than 30 elections encourage the necessary political and apart. have taken place in Africa over the economic changes to provide a stable Last fall, many of us held high hopes past 6 years. Many African nations environment for sustained domestic for the peace accord reached in Abuja, have taken difficult and courageous economic development and foreign di- Nigeria. For once, the faction leaders steps to keep budget deficits down, rect investment. appeared to set aside their personal maintain realistic exchange rates and Our voice carries far in Africa, and agendas for a process of disarmament increase competition through domestic we can make a difference in ending and elections. Our hopes were shat- deregulation, trade reform and privat- conflicts, promoting open and account- tered again this past spring as the Li- ization of public enterprises, not easy able governments and fostering eco- berian civil war erupted yet again. tasks in very weak and struggling nomic reform. For example, we should After months of renewed fighting, an- economies and countries that are try- encourage the liberalization of land other peace agreement was reached ing to open a stable and free political tenure laws that prohibit women from last month among the warring Libe- society as well. owning land. Women are the primary rian factions. It is my fervent hope The aim of these reforms has been to agricultural laborers in Africa, but that the current cease-fire and plan for create an environment in which the they cannot attain the degree of finan- national elections next spring will suc- private sector can act as the engine for cial control within the sector nec- ceed and lead at long last to sustained development. We are beginning to see essary to spur growth. The World Bank peace for Liberia. these efforts pay off. In a time of de- estimates that the value of women’s Like its predecessors, this peace is clining foreign aid, it is more than agricultural output would increase by fragile. Restoring and protecting a se- practical to emphasize the potential 22 percent if they had the same access cure environment for Liberians is the role of the private sector in the eco- as men to major factors of production. first requirement for lasting peace. nomic development of Africa. It just Another example of where we can I commend the efforts of the West Af- makes sense. make a difference is in lowering trade rican peacekeeping force, ECOMOG, for S12058 CONGRESSIONAL RECORD — SENATE October 1, 1996 its vital role in bringing peace to this MEASURE PLACED ON THE He says he prefers to have every sin- war-torn land. It is in America’s inter- CALENDAR—S. 2161 gle Senator agree. Of course, Mr. Presi- est that ECOMOG succeed and that we The PRESIDING OFFICER (Mr. dent, that would be a wonderful thing broaden the number of African states GREGG). The clerk will read S. 2161 for if every single Senator would agree participating in the regional effort. In a second time. with this bill. Then we could get it April, President Clinton committed $30 The assistant legislative clerk read done without a recorded vote, without million in aid to the ECOMOG forces, as follows: the necessity of filing cloture. But and I am pleased that the full amount A bill (S. 2161) reauthorizing programs of surely it seems to me we would have a has been authorized to be transmitted. the Federal Aviation Administration, and for better way to make this bill the law of I urge that the funds be disbursed as other purposes. the land if that bill was to be pending quickly as possible to provide assist- Mrs. KASSEBAUM. Mr. President, on and a cloture motion pending. I think ance in the vital areas of need identi- behalf of the majority leader, I object. that would bring people to the table in fied by ECOMOG, such as communica- The PRESIDING OFFICER. S. 2161 a faster manner, and if we were not tions and transportation. will be placed on the Calendar. able to achieve unanimity, we could Long-term security will require more The Senator from California. then go to the cloture route. So I am very disappointed that to than a regional peace force—it will re- Mrs. BOXER. Thank you very much, date the majority leader has not cho- quire a reestablishment of order in Li- Mr. President. f sen to bring the parks bill before the berian society itself. Short-term relief U.S. Senate. I urge him to do that requires local order as well. Although PRESIDIO OMNIBUS PARKS BILL right now. We are going to be here. We the UNDP is currently rehabilitating Mrs. BOXER. Mr. President, I come should be here doing our work. We all the airport in Monrovia, and the World want to resolve the FAA dispute, and Food Program is meeting urgent hu- to the Senate floor this afternoon to update my colleagues and those who we will. We surely ought to want to manitarian needs in areas severely af- work on this parks bill. I hope that the fected by the fighting, most NGO’s and are following this issue, to update you all on our efforts to pass an omnibus majority leader will bring that bill be- private volunteer organizations are fore us. still reluctant to return until the secu- parks bill for this Nation. My report has both disappointment and hope. I Every single Democrat has told me rity and political situation in Liberia that he or she is very much for this is stabilized. The reestablishment of want to explain why. We have been working nonstop to try bill. The vast majority of Republicans law and order in Liberia is a critical re- to get an agreement from every single have said the same. So all we need to quirement for these organizations to Member of this U.S. Senate to accept do is have the bill brought before us, function and meet pressing economic the House-passed omnibus parks bill and if someone did filibuster it, we and humanitarian needs. Sooner or called the Presidio parks bill, so that could bring the debate to a close with later, we will need to support efforts to we can quickly act and send this bill to 60 votes and get on with it, and, as I reconstitute Liberian security and ju- the President’s desk. say, I believe the vote would be over- dicial institutions. It is important to note that the om- whelmingly in favor of this bill. The second requirement for a lasting nibus parks bill in the House, Presidio Mr. President, I want to explain why peace is the existence of basic eco- bill, passed with only four dissenting this bill is so important. nomic opportunity. If peace is to en- votes. So there was near unanimity No. 1, it includes parks for 41 States. dure, America’s role cannot end with a over on the House side for this bill, Forty-one States in the Nation will cease-fire and an election. Faction which is very far-reaching, very impor- benefit from this parks bill, which has required 2 years of effort, Mr. Presi- fighters will not permanently lay down tant for American people, very biparti- dent, to put together, 2 years of effort their arms unless they have something san and has been agreed to by the ad- to put together this Presidio omnibus else to do and other means of suste- ministration. nance. So here we have an extraordinary op- parks bill. We could see this chance portunity, Mr. President, to end this evaporate. I hope we do not. I hope ev- In this area, Liberia’s tragedy may eryone will agree. I surely will be on session on a high note, to pass the bill provide its own opportunity. For exam- my feet until the waning hours of this that passed in the House in a biparti- ple, Liberia desperately needs the re- session, if need be, proposing that we san way, to pass a bill here that has bi- constitution of its roads, bridges, air- pass this House bill unanimously. port, and water and electrical power partisan support, send it to the Presi- What States are covered? Alabama, systems. These are vital areas in which dent, and all of us can go home feeling Alaska, Arizona, Arkansas, California, former belligerents can be employed, very good that we did something for Colorado, Florida, Georgia, Hawaii, exchanging swords for plowshares, and this country’s environment and that Idaho, Illinois, Kansas, Louisiana, Mas- contributing to the rebuilding of their we did it in a bipartisan fashion. sachusetts, Maryland, Michigan, Mis- country. Schools also must be reconsti- So why is my report filled with some sissippi, Missouri, Montana, New tuted so the youngest fighters of ages 9 disappointment? First of all, I was very Hampshire, New Jersey, New Mexico, and 10 can replace their guns with disappointed that the majority leader, New York, Ohio, Oklahoma, Oregon, books and return from the battlefields who is working hard to build a consen- Pennsylvania, Rhode Island, South to the classrooms. sus for this bill—there is no question Carolina, Tennessee, Texas, Utah, Vir- Mr. President, there are compelling Senator DASCHLE and Senator LOTT are ginia, Washington, West Virginia, Wis- reasons for America to remain engaged working hard to build a consensus for consin, and Wyoming. in Liberia. We share a special history. this bill—but the majority leader, Sen- As you go into the bill and you read We also have an interest in eliminating ator LOTT, has the ability to bring this the various titles, you see, Mr. Presi- the type of instability that can be a bill up before this body right now. He dent, that in many States there is haven for threats that cut across na- could have done it yesterday. Had he more than one important parks tional boundaries—environmental deg- made that decision to bring this bill to project. radation, infectious diseases, and inter- the floor, we could have started the Mr. President, every one of these national crime, terrorism, and drug process, just as we have on the FAA States is counting on us. I am very, trafficking. bill, to vote on this bill. very hopeful—very hopeful—that we The rules of the Senate can some- can resolve our differences. I for one Elections alone cannot save Liberia. times be confusing. I have had many have been doing whatever I could do to I trust the administration’s diplomacy, people call and say, ‘‘Well, don’t you talk to individual Senators. with the oversight of Congress, will have 60 votes in favor of the parks There are some Senators who have continue to take that fact into account bill?’’ I said, probably more like 85 disappointments that they did not get as we try to make peace work in Libe- votes, maybe 90 votes, but we cannot everything they wanted in this bill. I ria. get a cloture motion filed until the ma- understand that. You know, the Pre- The PRESIDING OFFICER. The Sen- jority leader decides to call the bill up. sidio, for example, which is so impor- ator’s time has expired. He has not done so to date. tant to us; we had to compromise on October 1, 1996 CONGRESSIONAL RECORD — SENATE S12059 that legislation, Congresswoman Most importantly for New Jersey are whom I regret to say I probably have PELOSI and I and Senator FEINSTEIN the billions of gallons of fresh clean not thanked as I should. and Congressman MILLER. I want to drinking water that flow from the I suggest the absence of a quorum. thank all of them for everything they boundaries here. The PRESIDING OFFICER. The are continuing to do as we speak to When you look at the development clerk will call the roll. make this work. I had a conversation that is possible for Sterling Forest, The legislative clerk proceeded to with Congressman MILLER. I have been 14,000 homes, 8 million square feet of call the roll. talking to Senator MURKOWSKI and his commercial space, even if the develop- Mr. MURKOWSKI. Mr. President, I staff. We are trying to make this hap- ment were concentrated in the least ask unanimous consent that the order pen. environmentally critical and successful for the quorum call be rescinded. In Alabama we have the Selma to tracks, the construction will, accord- The PRESIDING OFFICER. Without Montgomery Historic Trail designa- ing to Republicans and Democrats who objection, it is so ordered. tion. support this acquisition, will irrev- Mr. MURKOWSKI. I thank the Chair. In Alaska there are many, many im- ocably alter this land. f portant provisions, ranging from Alas- As I said when I took to the floor, I ka Peninsula land exchange to Federal ALASKA SUBSISTENCE HUNTING am mixed with disappointment and op- AND FISHING ACT borough recognition, regulation of timism. Clearly, I reiterate, not every Alaska fishing, and University of Alas- single thing is in here that Senators Mr. MURKOWSKI. Mr. President, I ka. feel ought to be in here. I so well un- rise this morning for the purpose of In my State of California, Senator derstand it. I am working to see if speaking on legislation I introduced FEINSTEIN and I are so strongly in favor there are ways to get those things yesterday. This legislation is very im- of this bill, not only because of what it done. I am looking forward to the re- portant to my State of Alaska. The in- will do for the rest of the country, but marks of my colleague from Nebraska tention of the legislation is to try and surely for our State. It includes setting who may be here on this topic. I hope address some of the issues regarding up a trust, a nonprofit trust at the Pre- that we are moving closer. subsistence hunting and fishing in sidio to make sure that, as this mag- I can assure the Senator that if we Alaska. I am under no false hope that nificent park takes shape from a his- can get this done, I will work with him at this late date this legislation will toric military base that started so do everything I can in the next Con- move through the Senate this year, but many years ago before California was a gress to move forward to address some I want it to appear in the RECORD for State—we need this trust to make the of the concerns that he has raised. I the purposes of starting a dialog in our important decisions about the reuse of have tried to do that, talking with the State and starting a dialog with the the various buildings and doing it in administration, as late as very late various Federal agencies involved. the right way and doing it in the envi- last night. Mr. President, the issue of subsist- ronmentally sound way. ence hunting and fishing in Alaska has We have in that bill San Francisco I hope when I come back to the floor I can speak more with hope and speak caused a great deal of divisiveness in Bay enhancement, Butte County con- our State and has led to the State of veyance, Modoc Forest boundary ad- with more belief that we will, in fact, get this done. Alaska becoming the only State in the justment, Cleveland National Forest, Union which no longer retains the sole Lagomarsino Visitor Center, Merced ir- I yield the floor. f control of its fish and game resources rigation district land exchange, the on public lands. This is an extraor- Manzanar historic site exchange. GRATITUDE TO SENATE STAFF dinary departure from the norm, but I see my friend from Illinois is here. Mr. SIMON. Mr. President, I am nevertheless it is a reality. The influ- The Manzanar Historic Site, we know grateful to my colleagues who have ence of the Federal Government over this is where, during a very dark period of our country, Japanese Americans been so good to me in my years in Con- fish and wildlife resources in Alaska were held literally as prisoners in their gress, but let me also express my grati- continues to grow and expand with own country. Manzanar is a historic tude to a lot of others who are not as each passing month. This legislation calls for the Presi- site. In this bill it will be preserved. visible: The pages who serve us so ef- dential appointment of a special mas- Very important. fectively; the people in front, including The AIDS memorial grove, timber Bill Lackey, Bob Dove, Scott Bates, all ter to come up with nonbinding rec- sale exchange, Santa Cruz Poland ac- the people who work with us at the ommendations to the Secretary of Ag- quisition, Stanislaus Forest manage- front desk; the court reporters, includ- riculture, the Secretary of the Interior, ment, Del Norte School conveyance. ing the distinguished reporter from the Governor of the State of Alaska, It goes on in Colorado, in Florida, in Menard County, IL; the people in the the State of Alaska legislature and to Georgia, in Hawaii. cloakroom, and the officers. the Congress, as well. The rec- I just want to mention one other I rise today specifically because I ommendation will be on how to return very important—very important— just learned yesterday that Ed Litton, management of fish and game re- issue. I see my friend from Alaska has who has been an officer in the Dirksen sources to the State and how best to come to the floor. How many times he Building through the years and has provide for the continuation of a sub- has been to San Francisco to pledge to been marvelous to me and to the other sistence lifestyle for Alaska’s resi- work to make this happen. Senators, but, equally important, and dence. I know that the Sterling Forest in this is true for all the people around I hope to have significant discussions New Jersey is so very important to here, they are good to the public, and I with the people of Alaska on this issue both Senators from New Jersey and to think make a great impression for in the coming months during the recess the entire bipartisan congressional del- American Government. and be prepared to move forward with egation over in the House. We have Ed Litton is going to retire October the 105th Congress when we return in Senator BRADLEY leaving after a dis- 30. He is going to beat me into retire- January. It would be my intention to tinguished career. I know he is working ment. He has just been superb. He is introduce more definitive legislation with Senator MURKOWSKI to try to re- good to people, and I think typifies the on the subsistence issue at that time. solve all of our problems that we have. police officers in the Capitol area. What we are attempting to do is set, Sterling Forest is the largest unbro- They have really contributed im- if you will, a skeleton schedule in place ken, undeveloped track of forest land mensely. so we can build on it by generating still remaining along the New York- I just wish Ed Litton and his family public input. New Jersey border. The bill will allow the very best on his retirement. He can Mr. President, I ask unanimous con- an appropriation of up to $17.5 million look back on his years of service with sent that the text of the bill, S. 2172, be for land acquisition. It designates the a great deal of satisfaction. printed in the RECORD. Palisades Interstate Park Commission, As I leave the Senate, I leave with a There being no objection, the bill was a Federal commission to manage this great sense of gratitude to all the peo- ordered to be printed in the RECORD, as land. It goes on. ple who have served us so well, most of follows: S12060 CONGRESSIONAL RECORD — SENATE October 1, 1996 S. 2172 tives, on the public lands and by Alaska Na- (h) Upon the request of the Special Master, SECTION 1. FINDINGS. tives on Native lands which is essential for the head of any Federal department, agency, The Congress finds that— Native physical, economic, traditional, and or instrumentality is authorized to make (a) The State of Alaska received manage- cultural existence and to non-native phys- any of the facilities and services of such de- ment authority and responsibility for fish ical, economic, traditional, and social exist- partment, agency, or instrumentality avail- and game resources in the State at the time ence, able to the Special Master and detail any of (c) submit, by no later than the date that of statehood. the personnel of such department, agency, or is six months after appointment, a report on (b) The Alaska Constitution requires equal instrumentality to the commission, on a the recommendations developed under para- access for all the citizens of the state to nonreimbursable basis, to assist the Special graph (2), to the Secretary, the Congress, the Master in carrying out its duties under this these fish and game resources. Governor of the State of Alaska, and the leg- (c) The State of Alaska developed statutes section. islature of the State of Alaska, and make (i) The Special Master may use the United to implement a rural subsistence priority. such report available to the public. States mails in the same manner and under (d) In 1980 Congress passed the Alaska Na- (d) The Special Master shall have the the same conditions as other departments tional Interest Lands Conservation Act pro- power to— and agencies of the United States. viding that the ‘‘taking on public lands of (1) procure, as authorized by section 3109 of (j) The Special Master shall cease to exist fish and wildlife for nonwasteful subsistence title 5, United States Code, temporary and on the date that is one hundred eighty days uses shall be accorded priority over the tak- intermittent services to the same extent as after the date on which the Special Master ing on such lands of fish and wildlife for is authorized by law for agencies in the exec- submits the report required under subsection other purposes.’’ utive branch, but at rates not to exceed the (c)(5). All records, documents, and materials (e) In 1989 the Alaska Supreme Court ruled daily equivalent of the maximum annual of the Special Master shall be transferred to in McDowell v. Alaska that the rural pref- rate of basic pay in effect for grade GS–18 of the National Archives and Records Adminis- erence contained in the State’s subsistence such General Schedule. tration on the date on which the Special statute violated the equal provision of the (e) service as a Special Master shall not be Master ceases to exist. Alaska Constitution putting the State’s sub- considered as service or employment bring- (k) There is authorized to be appropriated sistence program out of compliance with ing such individual within the provisions of to the Special Master $250,000 to provide for Title VIII of ANILCA resulting in the Sec- any Federal law relating to conflicts of in- the salaries and expenses to carry out the retaries of Agriculture and the Interior as- terest or otherwise imposing restrictions, re- provisions of this section. Such sum shall re- suming subsistence management on the pub- quirements, or penalties in relation to the main available, without fiscal year limita- lic lands in Alaska. employment of persons, the performance of tion, until expended. services, or the payment or receipt of com- (f) The Governor and the Lieutenant Gov- f ernor of Alaska are to be complimented on pensation in connection with claims, pro- their several attempts to resolve the issue ceedings, or matters involving the United ASIAN DEVELOPMENT BANK States. Service as a Special Master, shall not and return management responsibilities of Mr. PRESSLER. Mr. President, I fish and game back to the state; however, be considered service in an appointive or these efforts have not been successful. elective position in the Government for pur- would like to take a moment to com- (g) There continues to remain an impasse poses of section 8344 of title 5, United States mend the Asian Development Bank that is creating a divisive atmosphere in Code, or comparable provisions of Federal [ADB] for its role in the growth and Alaska among sport hunters, sport fisher- law. continuing prosperity in Asian and Pa- men, commercial fishermen, Alaska natives, (f)(1) The Special Master is authorized to— cific developing countries. Further, I (A) hold such hearings and sit and act at as well as urban and rural residents. such times, urge the ADB to involve our Nation’s (h) The Congress hereby declares that it is (B) take such testimony, small business community in efforts to timely and essential to conduct a review of (C) have such printing and binding done, further prosperity in this part of the Federal and State policies and programs af- (D) enter into such contracts and other ar- world. The economic and social evo- fecting subsistence in order to identify spe- rangements, lution underway in Asia has taken cific actions that may be taken by the Unit- (E) make such expenditures, and ed States and the State of Alaska to help as- (F) take such other actions, as the Special place at an incredible rate over the sure that a fair subsistence priority is pro- Master may seem advisable. past decade. The ADB is playing an im- vided to the citizens of Alaska and that man- (2) The Special Master is authorized to es- portant role in this development, pro- agement authority over fish and game re- tablish task forces which include individuals viding funds to improve and strengthen sources is maintained by the State of Alas- appointed for the purpose of gathering infor- Asia’s infrastructure. ka. mation on specific subjects identified by the As my colleagues know, the Asian SEC. 2. APPOINTMENT OF SPECIAL MASTER. Special Master as requiring the knowledge Development Bank was founded in 1966 and expertise of such individuals. No com- (a)(1) The President shall hereby appoint a to function as an international devel- Special Master to mediate the issues in- pensation may be paid to members of a task force solely for their service on the task opment finance institution for the volved in this impasse, and Asian and Pacific region. (2) In making the appointment of the Spe- force, but the Special Master may authorize cial Master, the President shall give careful the reimbursement of members of a task Headquartered in Manila, in the Phil- consideration to recommendations submit- force for travel and per diem in lieu of sub- ippines, the ADB had 56 member coun- sistence expenses during the performance of ted by the Governor of the State of Alaska tries—40 within the Asian and Pacific duties while away from the home, or regular and the president of the Alaska State Sen- region and 16 from outside the region— place of business, of the member, in accord- ate, and the Speaker of the Alaska State ance with subchapter I of chapter 57 of title as of March 31, 1996. The ADB is en- House. 5, United States Code. The Special Master gaged in promoting the economic and (b)(1) The principal office of the Special shall not authorize the appointment of per- social progress of the Asian and Pacific Master shall be in the State of Alaska. sonnel to act as staff for the task force. region. Development banks in the (2) The Special Master shall— (3) The Special Master is authorized to ac- (A) review existing state and federal laws world today with similar roles include cepts gifts of services, or funds and to expend the Inter-American Development regarding subsistence use in Alaska, and funds derived from sources other than the (B) after consultation with all interested Federal Government, including the State of Bank, the World Bank, and the African parties, including, but not limited to, Alaska Alaska, private nonprofit organizations, cor- Development Bank. natives, sport and commercial fishing inter- porations, or foundations which are deter- Specifically, the ADB extends low in- ests, sport hunting groups recreation groups, mined appropriate and necessary to carry terest loans to fund special projects in the Governor of Alaska, the Alaska legisla- out the provisions of this section. Asian and Pacific developing countries. ture, The Secretaries of Agriculture and the (4) The Special Master is authorized to se- The ADB finances infrastructure Interior, and the members of the Alaska cure directly from any officer, department, Congressional delegation, recommend spe- projects such as power plants, roads, agency, establishment, or instrumentality of bridges, and other ventures which have cific actions to the Congress and to the State the Federal Government such information as of Alaska including state statutory amend- the Special Master may require for the pur- a strong impact on the designated area. ments, changes in existing management pose of this section, and each such officer, This kind of financial support is criti- structures, constitutional amendments, and department, agency, establishment, or in- cal to further the dynamic growth of changes to Title VIII of the ANILCA, that— strumentality is authorized and directed to Asian economies—growth that presents (i) assure the State of Alaska recovers and furnish, to the extent permitted by law, such tremendous opportunities for U.S. busi- retains management authority and respon- information, suggestions, estimates, and sta- nesses. Established businesses in the sibility for fish and game on all lands in tistics directly to the Special Master, upon United States, such as AT&T and Price Alaska, and request (ii) provide for the continuation of the op- (g) The provisions of the Federal Advisory Waterhouse, as well as smaller agricul- portunity for subsistence uses by residents of Committee Act shall not apply to the Spe- tural firms, such as Seminole Fer- Alaska, including both Natives and non-na- cial Master established under this section. tilizer Corp., benefit greatly from the - October 1, 1996 CONGRESSIONAL RECORD — SENATE S12061 exponential growth and progress of rights, social and environmental poli- All of my colleagues would agree Asia. I encourage the ADB to seek op- cies, and other areas before accepting that the medicine of humor is best dis- portunities for greater participation by the country for a grant. pensed by our senior colleague from U.S. small businesses as part of its fu- Mr. President, the replenishment of Wyoming. Perhaps not since Abraham ture projects. The ADB assists private the ADF has been a ongoing problem. Lincoln has Washington had a better enterprises in undertaking financially At present, ADF is expected to run out practitioner in the art of medicinal viable projects which also have signifi- of money by year-end. In that respect, humor. It has become a fond and regu- cant economic development merit and the ADB, along with other develop- lar experience to come to the floor for catalyzing the flow of domestic and ex- ment banks, have been trying to ar- a vote, or visit the cloakrooms and see ternal resources to such projects. For range financing through private finan- a small group of Senators listening de- example, the bank allocated over $3.3 cial institutions. Multilateral agencies, lightfully to the yarns spun by our billion to develop telecommunications such as ADB, likely will shift more friend from Wyoming. When Senator services in Asia’s poorest areas and funding to socially-oriented projects in SIMPSON formally addresses the Senate, will invest almost $1 billion on tele- the future, and have vast projects fi- we can count on his statements to be communications networks in India nanced by private financial institu- both informative and entertaining. I alone. tions. will miss AL SIMPSON’s good nature and The ADB also provides loans, equity The ADB has confronted and over- quick wit. investments, and technical assistance, come many challenges, thanks to the The full measure of AL SIMPSON is and also cofinances projects with bilat- efforts of its leadership. I would like to more than good humor. He is a man of eral and multilateral agencies as well commend the diligent efforts of Am- enormous intellect and profound lead- as export credit and commercial bassador Yang of the Asian Develop- ership. AL SIMPSON is sharp—as sharp sources. As of June 30, 1995, the bank ment Bank. Former California Savings as a tack, and as tough as a good piece had approved $51.9 billion in loans for and Loan Commissioner Linda Tsao of saddle leather, as he would probably 1,236 projects in 34 countries and $3.9 Yang of Davis, CA, is the U.S. ambas- say. But to see how tough AL SIMPSON billion for 3,539 technical assistance sador on the 12 member board of execu- is, and to understand his deep belief in grants. tive directors of the ADB. Ms. Yang the cause of public service, one need As a donor member, the United has operated her own financial consult- only take a look at the issues he has States has contributed to the Asian ing firm since stepping down from the championed. Senator SIMPSON’s ex- Development Fund [ADF], which is the State S&L post in 1982. Her expertise traordinary career no doubt will be re- ADB’s window for concessional lending during these challenging times is cer- membered for his efforts on three very to its borrowing member countries. tainly welcome at the ADB. challenging issues—immigration, vet- Each year, ADB extends loans to fund I may not always agree with the erans affairs and entitlement reform. projects and activities in Asian and Pa- bank’s direction on a specific issue, but Each of those issues is vitally impor- cific developing countries, and provides the overall direction of the ADB has tant, but frankly each can be thankless been positive. Ambassador Yang is ag- several billion U.S. dollars worth of tasks. contracts to procure goods and consult- gressively pursuing creative roles for It is appropriate that the 104th Con- ing services. In 1995, the United States the ADB to play in a manner which ad- gress will conclude with the passage of ranked first among donor member vances our Nation’s commercial inter- a comprehensive bill to address the se- countries in total procurement, with a ests in that part of the world. Thanks rious problem of illegal immigration. donor amount of $333 million dollars. in part to these creative efforts, the This is the third major immigration The ADF, which is crucial to the Asian continent is an exciting and bill shepherded in large measure by our promising region of the world for the bank’s ability to grant loans, is the friend from Wyoming. That is quite a residents and for those playing a part ADB’s main soft-loan program. This record of legislative achievement given in its development. soft-loan program lets donor countries the volatile emotions that underlie apply for grants at a generous interest- f this issue and the diverse interests in- free level, which makes it feasible for TRIBUTE TO SENATOR AL volved. It’s even more amazing when many poor countries to apply and re- SIMPSON one considers that Senator SIMPSON ceive loans to improve their environ- Mr. PRESSLER. Mr. President, we hails from a great State not known for ment, transportation, infrastructure, near the close of the 104th Congress being a magnet for illegal immigrants. and communications. will adjourn. Adjournment also will The tremendous leadership he has dem- A country that requests an interest- bring to a close the distinguished Sen- onstrated on this issue is a testament free loan from the ADF must fulfill re- ate career of Wyoming’s senior Sen- to Senator SIMPSON’s commitment to quirements set by the ADB. The ADB ator, the honorable AL SIMPSON. I am pursue what’s in our Nation’s interest, stresses that the member countries confident that Senate historians will and to pursue such issues vigorously. have good governance which will per- see AL SIMPSON the way his colleagues The same vigor is shown in Senator mit a successful management of the de- already see him: as one of the truly SIMPSON’s commitment to our Nation’s velopment process, which encourages great Senators of his era. I will miss veterans. The Senator from Wyoming, economic and political stability in the AL SIMPSON—his leadership, his guid- like myself, is a veteran of the U.S. region. As a development partner, the ance, his wit, and most of all, his Army. Few have the level of under- ADB has a clear and direct interest in friendship. standing, the strong sense of compas- the capacity of borrowing governments AL SIMPSON and I entered the Senate sion and fairness, that AL SIMPSON has to fulfill their economic role by imple- at the same time—in 1979. At that displayed toward our veterans. As menting the associated policies. The time, he already had accumulated chairman of the Veterans Affairs Com- success of the ADB’s project invest- some Senate experience as the son of mittee during a time of tremendous ments depends on the efficacy of the another legendary Wyoming Senator, budgetary constraints, AL SIMPSON has institutional framework in develop- Milward Simpson. made sure that this Nation maintains ment member countries [DMC]. In ad- A story is told that Abraham Lincoln its commitment to the brave veterans dition, governments are expected to once began a meeting of his closest ad- who answered the call and made sac- perform certain key functions, includ- visors by reading to them a piece from rifices for their country. All men and ing maintaining macroeconomic stabil- the humorist Artemus Ward. Lincoln women who once adorned a military ity; developing infrastructure; provid- seemed to be the only one who enjoyed uniform to defend our country, as well ing public goods; preventing market the piece and found himself the only as this Senate, and this Nation will failures; and promoting equity. With- one laughing. Lincoln was said to have miss this true friend of the American out macroeconomic stability, business chastised his colleagues: ‘‘Why don’t veteran. prospects are uncertain and investment you laugh? With the fearful strain that Finally, Senator AL SIMPSON is a risks are high. is upon me night and day, if I did not man of great vision—a man who be- Further, the bank advises the devel- laugh I should die, and you need this lieves that Congress has a duty to an- oping countries regarding human medicine as much as I do.’’ ticipate and prevent future problems. S12062 CONGRESSIONAL RECORD — SENATE October 1, 1996 He’s right. No example demonstrates mitted for publication in the Congressional 2471 Procedures of the Board in impasse this belief more than his almost lonely Record final regulations implementing sec- proceedings effort to address the lurking problem of tion 220(d) of the Congressional Accountabil- SUBCHAPTER C ity Act of 1995 (CAA), which extends to the Federal entitlements, from Social Se- Part 2420—Purpose and Scope curity to Medicare. Along with our Congress certain rights, protections, and re- sponsibilities under chapter 71 of title 5, § 2420.1 Purpose and scope. friend from Nebraska, Senator KERREY, United States Code, relating to Federal serv- The regulations contained in this sub- Senator SIMPSON chaired the Biparti- ice labor-management relations. On August san Commission on Entitlement and chapter are designed to implement the provi- 2, 1996, the House agreed both to H. Res. 504, sions of chapter 71 of title 5 of the United Tax Reform. This commission found to provide for the approval of final regula- States Code, as applied by section 220 of the ominous signs that indicate now is the tions that are applicable to the employing Congressional Accountability Act (CAA). time to begin the process of reforming offices and covered employees of the House, They prescribe the procedures, basic prin- our Social Security and Medicare sys- and to H. Con. Res. 207, to provide for ap- ciples or criteria under which the Board and tems. It’s no secret that both systems proval of final regulations that are applica- the General Counsel, as applicable, will: ble to the instrumentalities of the Congress, (a) Determine the appropriateness of units are incredibly important to our senior i.e., the employing offices and employees citizens. No doubt, this Nation owes a for labor organization representation under 5 other than those offices and employees of the U.S.C. 7112, as applied by the CAA; great debt of gratitude to AL SIMPSON House and the Senate. On September 28, 1996, (b) Supervise or conduct elections to deter- for embarking this Senate, this Con- the Senate agreed to H. Con. Res. 207, cover- mine whether a labor organization has been ing the instrumentalities, and in addition gress, and this Nation on what we all selected as an exclusive representative by a approved S. Res. 304, to provide for the ap- hope is the road toward true reform of majority of the employees in an appropriate proval of the final regulations that are appli- Federal entitlements. unit and otherwise administer the provisions cable to employing offices and covered em- Now our dear friend from Wyoming of 5 U.S.C. 7111, as applied by the CAA, relat- ployees of the Senate, soon will be speaking not from the Sen- ing to the according of exclusive recognition Together with the House’s prior approval to labor organizations; ate floor but from a Harvard lecture of H. Res. 504 and H. Con. Res. 207, the Sen- hall. The Senate’s loss is certainly Har- ate’s concurrence in H. Con. Res. 207 and its (c) Resolve issues relating to the granting vard’s gain. No doubt the fortunate approval of S. Res. 304 constitute approval of national consultation rights under 5 young people who attend Professor under section 304(c) of the CAA of the U.S.C. 7113, as applied by the CAA; SIMPSON’s class will be entertained and Board’s section 220(d) regulations as applica- (d) Resolve issues relating to determining informed. I hope the academic world ble both to employing offices and covered compelling need for employing office rules and regulations under 5 U.S.C. 7117(b), as ap- will appreciate one basic fact: AL SIMP- employees of the House and of the Senate plied by the CAA; SON tells it like it is. For that, he has (other than those House and Senate offices (e) Resolve issues relating to the duty to my admiration. expressly listed in section 220(e)(2)) and to the instrumentalities of the Congress. Ac- bargain in good faith under 5 U.S.C. 7117(c), I will miss my Senate classmate. My as applied by the CAA; wife Harriet and I always have enjoyed cordingly, pursuant to section 304(d) of the CAA, the Board submits these regulations to (f) Resolve issues relating to the granting Senator SIMPSON and his wife Ann. the Speaker of the House of Representatives of consultation rights with respect to condi- They are great friends, and we look for- and the President pro tempore of the Senate tions of employment under 5 U.S.C. 7117(d), ward to seeing them should our travels for issuance by publication in the Congres- as applied by the CAA; take us to Cambridge or their’s to sional Record. (g) Conduct hearings and resolve com- Washington or South Dakota. I hope Pursuant to paragraph (3) of section 304(d) plaints of unfair labor practices under 5 my friend from Wyoming doesn’t mind of the CAA, the Board finds good cause for U.S.C. 7118, as applied by the CAA; if I drop in on his class on occasion, not advancing the effective date of the House (h) Resolve exceptions to arbitrators’ just to gain the benefit of his thought- regulations from 60 days after their issuance awards under 5 U.S.C. 7122, as applied by the ful insights, but to hear again his to October 1, 1996. That date corresponds CAA; and homespun stories and receive yet an- with the effective date of application of CAA (i) Take such other actions as are nec- section 220 to the Congress. The Board finds essary and appropriate effectively to admin- other dose of his tremendous good that the effective implementation of the ister the provisions of chapter 71 of title 5 of humor. I wish AL and Ann Simpson the CAA is furthered by making these regula- the United States Code, as applied by the very, very best. tions effective for the House, the Senate, and CAA. f the instrumentalities on that effective date § 2420.2 rather than allowing the provisions of the NOTICE OF ISSUANCE OF FINAL CAA contained in section 411 and the deriva- Notwithstanding any other provisions of REGULATIONS tive regulations of the executive branch to these regulations, the Board may, in decid- Mr. THURMOND. Mr. President, pur- control the administration of the statute ing an issue, add to, delete from or modify otherwise applicable requirements as the suant to section 304(d) of the Congres- during the sixty day period otherwise re- quired by section 304(d)(3) of the CAA. Board deems necessary to avoid a conflict of sional Accountability Act of 1995 (2 interest or the appearance of a conflict of in- U.S.C. sec. 1384(d)), a notice of issuance Signed at Washington, D.C. on this 30th day of September, 1996. terest. of final regulations was submitted by GLEN D. NAGER, Part 2421—Meaning of Terms as Used in This the Office of Compliance, U.S. Con- Chair of the Board, Office of Compliance. Subchapter gress. The notice contains final regula- Accordingly, the Board of Directors of the Sec. tions related to Federal Service Labor- Office of Compliance hereby issues the fol- 2421.1 Act; CAA. Management Relations (Regulations lowing final regulations: 2421.2 Chapter 71. under section 220(d) of the Congres- [Final Regulations] 2421.3 General Definitions. sional Accountability Act.) Subchapter C 2421.4 National consultation rights; con- The Congressional Accountability sultation rights on Government-wide 2420 Purpose and scope Act requires this notice be printed in rules or regulations; exclusive recogni- 2421 Meaning of terms as used in this sub- tion; unfair labor practices. the CONGRESSIONAL RECORD, therefore I chapter 2421.5 Activity. ask unanimous consent that the notice 2422 Representation proceedings 2421.6 Primary national subdivision. be printed in the RECORD. 2423 Unfair labor practice proceedings 2421.7 Executive Director. There being no objection, the notice 2424 Expedited review of negotiability is- 2421.8 Hearing Officer. was ordered to be printed in the sues 2421.9 Party. 2425 Review of arbitration awards RECORD, as follows: 2421.10 Intervenor. 2426 National consultation rights and con- OFFICE OF COMPLIANCE—THE CONGRESSIONAL 2421.11 Certification. sultation rights on Government-wide ACCOUNTABILITY ACT OF 1995: EXTENSION OF 2421.12 Appropriate unit. rules or regulations RIGHTS, PROTECTIONS AND RESPONSIBILITIES 2421.13 Secret ballot. 2427 General statements of policy or guid- UNDER CHAPTER 71 OF TITLE 5, UNITED 2421.14 Showing of interest. ance STATES CODE, RELATING TO FEDERAL SERV- 2421.15 Regular and substantially equiva- 2428 Enforcement of Assistant Secretary ICE LABOR-MANAGEMENT RELATIONS (REGU- lent employment. standards of conduct decisions and orders LATIONS UNDER SECTION 220(d) OF THE CON- 2421.16 Petitioner. 2429 Miscellaneous and general require- GRESSIONAL ACCOUNTABILITY ACT) 2421.17 Eligibility Period. ments NOTICE OF ISSUANCE OF FINAL REGULATIONS 2421.18 Election Agreement. On July 9, 1996, the Board of Directors of Subchapter D 2421.19 Affected by Issues raised. the Office of Compliance adopted and sub- 2470 General 2421.20 Determinative challenged ballots. October 1, 1996 CONGRESSIONAL RECORD — SENATE S12063 § 2421.1—Act; CAA. (f) The term ‘‘Board’’ means the Board of specialized intellectual instruction and The terms ‘‘Act’’ and ‘‘CAA’’ mean the Directors of the Office of Compliance. study in an institution of higher learning or Congressional Accountability Act of 1995 (g) The term ‘‘collective bargaining agree- a hospital (as distinguished from knowledge (P.L. 104-1, 109 Stat. 3, 2 U.S.C. §§ 1301-1438). ment’’ means an agreement entered into as a acquired by a general academic education, or result of collective bargaining pursuant to from an apprenticeship, or from training in § 2421.2—Chapter 71. the provisions of chapter 71 of title 5 of the the performance of routine mental, manual, The term ‘‘chapter 71’’ means chapter 71 of United States Code, as applied by the CAA. mechanical, or physical activities); title 5 of the United States Code. (h) The term ‘‘grievance’’ means any com- (ii) Requiring the consistent exercise of § 2421.3—General definitions. plaint— discretion and judgment in its performance; (a) The term ‘‘person’’ means an individ- (1) By any employee concerning any mat- (iii) Which is predominantly intellectual ual, labor organization or employing office. ter relating to the employment of the em- and varied in character (as distinguished (b) Except as noted in subparagraph (3) of ployee; from routine mental, manual, mechanical, or this subsection, the term ‘‘employee’’ means (2) By any labor organization concerning physical work); and an individual— any matter relating to the employment of (iv) Which is of such character that the (1) Who is a current employee, applicant any employee; or output produced or the result accomplished for employment, or former employee of: the (3) By any employee, labor organization, or by such work cannot be standardized in rela- House of Representatives; the Senate; the employing office concerning— tion to a given period of time; or (2) An employee who has completed the Capitol Guide Service; the Capitol Police; (i) The effect or interpretation, or a claim courses of specialized intellectual instruc- the Congressional Budget Office; the Office of breach, of a collective bargaining agree- tion and study described in subparagraph of the Architect of the Capitol; the Office of ment; or (1)(i) of this paragraph and is performing re- the Attending Physician; the Office of Com- (ii) Any claimed violation, misinterpreta- lated work under appropriate direction and pliance; or the Office of Technology Assess- tion, or misapplication of any law, rule, or guidance to qualify the employee as a profes- ment; or regulation affecting conditions of employ- sional employee described in subparagraph (2) Whose employment in an employing of- ment. (i) The term ‘‘supervisor’’ means an indi- (1) of this paragraph. fice has ceased because of any unfair labor (o) The term ‘‘exclusive representative’’ practice under section 7116 of title 5 of the vidual employed by an employing office hav- ing authority in the interest of the employ- means any labor organization which is cer- United States Code, as applied by the CAA, tified as the exclusive representative of em- and who has not obtained any other regular ing office to hire, direct, assign, promote, re- ward, transfer, furlough, layoff, recall, sus- ployees in an appropriate unit pursuant to and substantially equivalent employment as section 7111 of title 5 of the United States determined under regulations prescribed by pend, discipline, or remove employees, to ad- just their grievances, or to effectively rec- Code, as applied by the CAA. the Board, but does not include— (p) The term ‘‘firefighter’’ means any em- ommend such action, if the exercise of the (i) An alien or noncitizen of the United ployee engaged in the performance of work authority is not merely routine or clerical in States who occupies a position outside of the directly connected with the control and ex- United States; nature, but requires the consistent exercise tinguishment of fires or the maintenance (ii) A member of the uniformed services; of independent judgment, except that, with and use of firefighting apparatus and equip- (iii) A supervisor or a management official respect to any unit which includes fire- ment. or; fighters or nurses, the term ‘‘supervisor’’ in- (q) The term ‘‘United States’’ means the 50 (iv) Any person who participates in a cludes only those individuals who devote a states, the District of Columbia, the Com- strike in violation of section 7311 of title 5 of preponderance of their employment time to monwealth of Puerto Rico, Guam, the Virgin the United States Code, as applied the CAA. exercising such authority. Islands, the Trust Territory of the Pacific Is- (3) For the purpose of determining the ade- (j) The term ‘‘management official’’ means lands, and any territory or possession of the quacy of a showing of interest or eligibility an individual employed by an employing of- United States. for consultation rights, except as required by fice in a position the duties and responsibil- (r) The term ‘‘General Counsel’’ means the law, applicants for employment and former ities of which require or authorize the indi- General Counsel of the Office of Compliance. employees are not considered employees. vidual to formulate, determine, or influence (s) The term ‘‘Assistant Secretary’’ means (c) The term ‘‘employing office’’ means— the policies of the employing office. the Assistant Secretary of Labor for Labor- (1) The personal office of a Member of the (k) The term ‘‘collective bargaining’’ Management Relations. House of Representatives or of a Senator; means the performance of the mutual obliga- § 2421.4 National consultation rights; consulta- (2) A committee of the House of Represent- tion of the representative of an employing tion rights on Government-wide rules or reg- atives or the Senate or a joint committee; office and the exclusive representative of ulations; exclusive recognition; unfair labor (3) Any other office headed by a person employees in an appropriate unit in the em- practices. with the final authority to appoint, hire, dis- ploying office to meet at reasonable times (a)(1) The term ‘‘national consultation charge, and set the terms, conditions, or and to consult and bargain in a good-faith ef- rights’’ means that a labor organization that privileges of the employment of an employee fort to reach agreement with respect to the is the exclusive representative of a substan- of the House of Representatives or the Sen- conditions of employment affecting such em- tial number of the employees of the employ- ate; or ployees and to execute, if requested by either ing office, as determined in accordance with (4) The Capitol Guide Board, the Capitol party, a written document incorporating any criteria prescribed by the Board, shall— Police Board, the Congressional Budget Of- collective bargaining agreement reached, but (i) Be informed of any substantive change fice, the Office of the Architect of the Cap- the obligation referred to in this paragraph in conditions of employment proposed by the itol, the Office of the Attending Physician, does not compel either party to agree to a employing office; and the Office of Compliance, and the Office of proposal or to make a concession. (ii) Be permitted reasonable time to Technology Assessment. (l) The term ‘‘confidential employee’’ present its views and recommendations re- (d) The term ‘‘labor organization’’ means means an employee who acts in a confiden- garding the changes. an organization composed in whole or in part tial capacity with respect to an individual (2) National consultation rights shall ter- of employees, in which employees partici- who formulates or effectuates management minate when the labor organization no pate and pay dues, and which has as a pur- policies in the field of labor-management re- longer meets the criteria prescribed by the pose the dealing with an employing office lations. Board. Any issue relating to any labor orga- concerning grievances and conditions of em- (m) The term ‘‘conditions of employment’’ nization s eligibility for, or continuation of, ployment, but does not include— means personnel policies, practices, and national consultation rights shall be subject (1) An organization which, by its constitu- matters, whether established by rule, regula- to determination by the Board. tion, bylaws, tacit agreement among its tion, or otherwise, affecting working condi- (b)(1) The term ‘‘consultation rights on members, or otherwise, denies membership tions, except that such term does not include Government-wide rules or regulations’’ because of race, color, creed, national origin, policies, practices, and matters— means that a labor organization which is the sex, age, preferential or nonpreferential civil (1) Relating to political activities prohib- exclusive representative of a substantial service status, political affiliation, marital ited under subchapter III of chapter 73 of number of employees of an employing office status, or disability; title 5 of the United States Code, as applied determined in accordance with criteria pre- (2) An organization which advocates the by the CAA; scribed by the Board, shall be granted con- overthrow of the constitutional form of gov- (2) Relating to the classification of any po- sultation rights by the employing office with ernment of the United States; sition; or respect to any Government-wide rule or reg- (3) An organization sponsored by an em- (3) To the extent such matters are specifi- ulation issued by the employing office ploying office; or cally provided for by Federal statute. effecting any substantive change in any con- (4) An organization which participates in (n) The term ‘‘professional employee’’ dition of employment. Such consultation the conduct or a strike against the Govern- means— rights shall terminate when the labor orga- ment or any agency thereof or imposes a (1) An employee engaged in the perform- nization no longer meets the criteria pre- duty or obligation to conduct, assist, or par- ance of work— scribed by the Board. Any issue relating to a ticipate in such a strike. (i) Requiring knowledge of an advanced labor organization’s eligibility for, or con- (e) The term ‘‘dues’’ means dues, fees, and type in a field of science or learning cus- tinuation of, such consultation rights shall assessments. tomarily acquired by a prolonged course of be subject to determination by the Board. S12064 CONGRESSIONAL RECORD — SENATE October 1, 1996 (2) A labor organization having consulta- sex, age, preferential or nonpreferential civil resentatives, of the results of an election, or tion rights under paragraph (1) of this sub- service status, political affiliation, marital the results of a petition to consolidate exist- section shall— status, or disability; ing exclusively recognized units. (i) Be informed of any substantive change (v) Refusing to consult or negotiate in 2421.12 Appropriate unit. in conditions of employment proposed by the good faith with an employing office as re- The term ‘‘appropriate unit’’ means that employing office; and quired by chapter 71, as applied by the CAA; grouping of employees found to be appro- (ii) shall be permitted reasonable time to (vi) Failing or refusing to cooperate in im- priate for purposes of exclusive recognition present its views and recommendations re- passe procedures and impasse decisions as re- under 5 U.S.C. 7111, as applied by the CAA, garding the changes. quired by chapter 71, as applied by the CAA; and for purposes of allotments to representa- (3) If any views or recommendations are (vii)(A) Calling, or participating in, a tives under 5 U.S.C. 7115(c), as applied by the presented under paragraph (2) of this sub- strike, work stoppage, or slowdown, or pick- CAA, and consistent with the provisions of 5 section to an employing office by any labor eting of an employing office in a labor-man- U.S.C. 7112, as applied by the CAA. organization— agement dispute if such picketing interferes (i) The employing office shall consider the with an employing office s operations; or § 2421.13 Secret ballot. views or recommendations before taking (B) Condoning any activity described in The term ‘‘secret ballot’’ means the ex- final action on any matter with respect to subparagraph (A) of this paragraph by failing pression by ballot, voting machine or other- which the views or recommendations are pre- to take action to prevent or stop such activ- wise, but in no event by proxy, of a choice sented; and ity; or with respect to any election or vote taken (ii) The employing office shall provide the (viii) Otherwise failing or refusing to com- upon any matter, which is cast in such a labor organization a written statement of ply with any provision of chapter 71, as ap- manner that the person expressing such the reasons for taking the final action. plied by the CAA; choice cannot be identified with the choice (c) The term ‘‘exclusive recognition’’ (3) Denial of membership by an exclusive expressed, except in that instance in which means that a labor organization has been se- representative to any employee in the appro- any determinative challenged ballot is lected as the sole representative, in a secret priate unit represented by such exclusive opened. ballot election, by a majority of the employ- representative except for failure— § 2421.14 Showing of interest. ees in an appropriate unit who cast valid bal- (i) To meet reasonable occupational stand- The term ‘‘showing of interest’’ means evi- lots in an election. ards uniformly required for admission, or dence of membership in a labor organization; (d) The term ‘‘unfair labor practices’’ (ii) To tender dues uniformly required as a employees’ signed and dated authorization means— condition of acquiring and retaining mem- cards or petitions authorizing a labor organi- (1) Any of the following actions taken by bership. an employing office— zation to represent them for purposes of ex- § 2421.5 Activity. (i) Interfering with, restraining, or coerc- clusive recognition; allotment of dues forms ing any employee in the exercise by the em- The term ‘‘activity’’ means any facility, executed by an employee and the labor orga- ployee of any right under chapter 71, as ap- organizational entity, or geographical sub- nization’s authorized official; current dues plied by the CAA; division or combination thereof, of any em- records; an existing or recently expired (ii) Encouraging or discouraging member- ploying office. agreement; current certification; employees’ ship in any labor organization by discrimina- § 2421.6 Primary national subdivision. signed and dated petitions or cards indicat- ing that they no longer desire to be rep- tion in connection with hiring, tenure, pro- ‘‘Primary national subdivision’’ of an em- resented for the purposes of exclusive rec- motion, or other condition of employment; ploying office means a first-level organiza- ognition by the currently certified labor or- (iii) Sponsoring, controlling, or otherwise tional segment which has functions national ganization; employees’ signed and dated pe- assisting any labor organization, other than in scope that are implemented in field activi- titions or cards indicating a desire that an to furnish, upon request, customary and rou- ties. tine services and facilities if the services and election be held on a proposed consolidation § 2421.7 Executive director. facilities are also furnished on an impartial of units; or other evidence approved by the basis to other labor organizations having ‘‘Executive Director’’ means the Executive Board. equivalent status; Director of the Office of Compliance. § 2421.15 Regular and substantially equivalent (iv) Disciplining or otherwise discriminat- § 2421.8 Hearing officer. employment. ing against an employee because the em- The term ‘‘Hearing Officer’’ means any in- The term ‘‘regular and substantially equiv- ployee has filed a complaint, affidavit, or pe- dividual designated by the Executive Direc- alent employment’’ means employment that tition, or has given any information or testi- tor to preside over a hearing conducted pur- entails substantially the same amount of mony under chapter 71, as applied by the suant to section 405 of the CAA on matters work, rate of pay, hours, working conditions, CAA; within the Office’s jurisdiction, including a location of work, kind of work, and seniority (v) Refusing to consult or negotiate in hearing arising in cases under 5 U.S.C. 7116, rights, if any, of an employee prior to the good faith with a labor organization as re- as applied by the CAA, and any other such cessation of employment in an employing of- quired by chapter 71, as applied by the CAA; matters as may be assigned. fice because of any unfair labor practice (vi) Failing or refusing to cooperate in im- under 5 U.S.C. 7116, as applied by the CAA. passe procedures and impasse decisions as re- § 2421.9 Party. quired by chapter 71, as applied by the CAA; The term ‘‘party’’ means: § 2421.16 Petitioner. (vii) Enforcing any rule or regulation (a) Any labor organization, employing of- Petitioner means the party filing a peti- (other than a rule or regulation implement- fice or employing activity or individual fil- tion under Part 2422 of this Subchapter. ing section 2302 of this title) which is in con- ing a charge, petition, or request; § 2421.17 Eligibility period. flict with any applicable collective bargain- (b) Any labor organization or employing office or activity The term ‘‘eligibility period’’ means the ing agreement if the agreement was in effect payroll period during which an employee before the date the rule or regulation was (1) Named as (i) A charged party in a charge, must be in an employment status with an prescribed; or employing office or activity in order to be el- (viii) Otherwise failing or refusing to com- (ii) A respondent in a complaint, or (iii) An employing office or activity or an igible to vote in a representation election ply with any provision of chapter 71, as ap- under Part 2422 of this Subchapter. plied by the CAA; incumbent labor organization in a petition; (2) Any of the following actions taken by a (2) Whose intervention in a proceeding has § 2421.18 Election agreement. labor organization— been permitted or directed by the Board; or The term ‘‘election agreement’’ means an (i) Interfering with, restraining, or coerc- (3) Who participated as a party agreement under Part 2422 of this Sub- ing any employee in the exercise by the em- (i) In a matter that was decided by an em- chapter signed by all the parties, and ap- ployee of any right under this chapter; ploying office head under 5 U.S.C. 7117, as ap- proved by the Board, the Executive Director, (ii) Causing or attempting to cause an em- plied by the CAA, or or any other individual designated by the ploying office to discriminate against any (ii) In a matter where the award of an arbi- Board, concerning the details and procedures employee in the exercise by the employee of trator was issued; and of a representation election in an appro- any right under this chapter; (c) The General Counsel, or the General priate unit. (iii) Coercing, disciplining, fining, or at- Counsel’s designated representative, in ap- § 2421.19 Affected by issues raised. tempting to coerce a member of the labor or- propriate proceedings. The phrase ‘‘affected by issues raised’’, as ganization as punishment, reprisal, or for § 2421.10 Intervenor. used in Part 2422, should be construed broad- the purpose of hindering or impeding the The term ‘‘intervenor’’ means a party in a ly to include parties and other labor organi- member’s work performance or productivity proceeding whose intervention has been per- zations, or employing offices or activities as an employee or the discharge of the mem- mitted or directed by the Board, its agents that have a connection to employees affected ber’s duties as an employee; or representatives. by, or questions presented in, a proceeding. (iv) Discriminating against an employee with regard to the terms or conditions of § 2421.11 Certification. § 2421.20 Determinative challenged ballots. membership in the labor organization on the The term ‘‘certification’’ means the deter- ‘‘Determinative challenged ballots’’ are basis of race, color, creed, national origin, mination by the Board, its agents or rep- challenges that are unresolved prior to the October 1, 1996 CONGRESSIONAL RECORD — SENATE S12065 tally and sufficient in number after the tally more labor organizations acting as a joint- of the employees in the unit involved in the to affect the results of the election. petitioner; an individual acting on behalf of petition; and Part 2422—Representation Proceedings any employee(s); an employing office or ac- (3) Include an alphabetical list of the tivity; or a combination of the above: pro- names constituting the showing of interest. Sec. vided, however, that (a) only a labor organiza- (d) Petition seeking dues allotment. When 2422.1 Purposes of a petition. tion has standing to file a petition pursuant there is no exclusive representative, a peti- 2422.2 Standing to file a petition. to section 2422.1(a)(1); (b) only an individual tion seeking certification for dues allotment 2422.3 Contents of a petition. has standing to file a petition pursuant to shall be accompanied by a showing of mem- 2422.4 Service requirements. section 2422.1(a)(2); and (c) only an employ- bership in the petitioner of not less than ten 2422.5 Filing petitions. ing office or a labor organization may file a percent (10%) of the employees in the unit 2422.6 Notification of filing. petition pursuant to section 2422.1 (b) or (c). claimed to be appropriate. An alphabetical 2422.7 Posting notice of filing of a petition. list of names constituting the showing of 2422.8 Intervention and cross-petitions. § 2422.3 Contents of a petition. membership must be submitted. 2422.9 Adequacy of showing of interest. (a) What to file. A petition must be filed on 2422.10 Validity of showing of interest. a form prescribed by the Board and contain § 2422.4 Service requirements. 2422.11 Challenge to the status of a labor or- the following information: Every petition, motion, brief, request, ganization. (1) The name and mailing address for each challenge, written objection, or application 2422.12 Timeliness of petitions seeking an employing office or activity affected by is- for review shall be served on all parties af- election. sues raised in the petition, including street fected by issues raised in the filing. The serv- 2422.13 Resolution of issues raised by a peti- number, city, state and zip code. ice shall include all documentation in sup- tion. (2) The name, mailing address and work port thereof, with the exception of a showing 2422.14 Effect of withdrawal/dismissal. telephone number of the contact person for of interest, evidence supporting challenges 2422.15 Duty to furnish information and co- each employing office or activity affected by to the validity of a showing of interest, and operate. issues raised in the petition. evidence supporting objections to an elec- 2422.16 Election agreements or directed (3) The name and mailing address for each tion. The filer must submit a written state- elections. labor organization affected by issues raised ment of service to the Executive Director. 2422.17 Notice of pre-election investigatory in the petition, including street number, § 2422.5 Filing petitions. hearing and prehearing conference. city, state and zip code. If a labor organiza- (a) Where to file. Petitions must be filed 2422.18 Pre-election investigatory hearing tion is affiliated with a national organiza- with the Executive Director. procedures. tion, the local designation and the national (b) Number of copies. An original and two (2) 2422.19 Motions. affiliation should both be included. If a labor copies of the petition and the accompanying 2422.20 Rights of parties at a pre-election organization is an exclusive representative material must be filed with the Executive investigatory hearing. of any of the employees affected by issues Director. raised in the petition, the date of the certifi- 2422.21 Duties and powers of the Executive (c) Date of filing. A petition is filed when it cation and the date any collective bargain- Director in the conduct of the pre-elec- is received by the Executive Director. tion investigatory hearing. ing agreement covering the unit will expire 2422.22 Objections to the conduct of the pre- or when the most recent agreement did ex- § 2422.6 Notification of filing. election investigatory hearing. pire should be included, if known. (a) Notification to parties. After a petition is 2422.23 Election procedures. (4) The name, mailing address and work filed, the Executive Director, on behalf of 2422.24 Challenged ballots. telephone number of the contact person for the Board, will notify any labor organiza- 2422.25 Tally of ballots. each labor organization affected by issues tion, employing office or employing activity 2422.26 Objections to the election. raised in the petition. that the parties have identified as being af- 2422.27 Determinative challenged ballots (5) The name and mailing address for the fected by issues raised by the petition, that and objections. petitioner, including street number, city, a petition has been filed with the Office. The 2422.28 Runoff elections. state and zip code. If a labor organization pe- Executive Director, on behalf of the Board, 2422.29 Inconclusive elections. titioner is affiliated with a national organi- will also make reasonable efforts to identify 2422.30 Executive Director investigations, zation, the local designation and the na- and notify any other party affected by the is- notices of pre-election investigatory tional affiliation should both be included. sues raised by the petition. hearings, and actions; Board Decisions (6) A description of the unit(s) affected by (b) Contents of the notification. The notifica- and Orders. issues raised in the petition. The description tion will inform the labor organization, em- 2422.31 Application for review of an Execu- should generally indicate the geographic lo- ploying office or employing activity of: tive Director action. cations and the classifications of the em- (1) The name of the petitioner; 2422.32 Certifications and revocations. ployees included (or sought to be included) (2) The description of the unit(s) or em- 2422.33 Relief obtainable under Part 2423. in, and excluded (or sought to be excluded) ployees affected by issues raised in the peti- 2422.34 Rights and obligations during the from, the unit. tion; and, pendency of representation proceedings. (7) The approximate number of employees (3) A statement that all affected parties § 2422.1 Purposes of a petition. in the unit(s) affected by issues raised in the should advise the Executive Director in writ- petition. ing of their interest in the issues raised in A petition may be filed for the following (8) A clear and concise statement of the is- the petition. purposes: sues raised by the petition and the results § 2422.7 Posting notice of filing of a petition. (a) Elections or Eligibility for dues allotment. the petitioner seeks. (a) Posting notice of petition. When appro- To request: (9) A declaration by the person signing the (1)(i) An election to determine if employees priate, the Executive Director, on behalf of petition, under the penalties of the Criminal in an appropriate unit wish to be represented the Board, after the filing of a representa- Code (18 U.S.C. 1001), that the contents of the for the purpose of collective bargaining by tion petition, will direct the employing of- petition are true and correct to the best of an exclusive representative; and/or fice or activity to post copies of a notice to the person’s knowledge and belief. (ii) A determination of eligibility for dues all employees in places where notices are (10) The signature, title, mailing address allotment in an appropriate unit without an normally posted for the employees affected and telephone number of the person filing exclusive representative; or by issues raised in the petition and/or dis- the petition. (2) An election to determine if employees tribute copies of a notice in a manner by (b) Compliance with 5 U.S.C. 7111(e), as ap- in a unit no longer wish to be represented for which notices are normally distributed. plied by the CAA. A labor organization/peti- the purpose of collective bargaining by an (b) Contents of notice. The notice shall ad- tioner complies with 5 U.S.C. 7111(e), as ap- exclusive representative. vise affected employees about the petition. plied by the CAA, by submitting to the em- (3) Petitions under this subsection must be (c) Duration of notice. The notice should be ploying office or activity and to the Depart- accompanied by an appropriate showing of conspicuously posted for a period of ten (10) ment of Labor a roster of its officers and rep- interest. days and not be altered, defaced, or covered resentatives, a copy of its constitution and (b) Clarification or Amendment. To clarify, by other material. bylaws, and a statement of its objectives. By and/or amend: signing the petition form, the labor organi- § 2422.8 Intervention and cross-petitions. (1) A certification then in effect; and/or zation/petitioner certifies that it has submit- (a) Cross-petitions. A cross-petition is a pe- (2) Any other matter relating to represen- ted these documents to the employing activ- tition which involves any employees in a tation. ity or office and to the Department of Labor. unit covered by a pending representation pe- (c) Consolidation. To consolidate two or (c) Showing of interest supporting a represen- tition. Cross-petitions must be filed in ac- more units, with or without an election, in tation petition. When filing a petition requir- cordance with this subpart. an employing office and for which a labor or- ing a showing of interest, the petitioner (b) Intervention requests and cross-petitions. ganization is the exclusive representative. must: A request to intervene and a cross-petition, § 2422.2 Standing to file a petition. (1) So indicate on the petition form; accompanied by any necessary showing of in- A representation petition may be filed by: (2) Submit with the petition a showing of terest, must be submitted in writing and an individual; a labor organization; two or interest of not less than thirty percent (30%) filed with the Executive Director before the S12066 CONGRESSIONAL RECORD — SENATE October 1, 1996 pre-election investigatory hearing opens, un- deemed appropriate. The Executive Direc- extension will not serve as a basis for dismis- less good cause is shown for granting an ex- tor’s determination, on behalf of the Board, sal of a petition seeking an election filed in tension. If no pre-election investigatory that a showing of interest is valid is final accordance with this section. hearing is held, a request to intervene and a and binding and is not subject to collateral (h) Contract requirements. Collective bar- cross-petition must be filed prior to action attack or appeal to the Board. If the Execu- gaining agreements, including agreements being taken pursuant to § 2422.30. tive Director finds, on behalf of the Board, that go into effect under 5 U.S.C. 7114(c), as (c) Labor organization intervention requests. that the showing of interest is not valid, the applied by the CAA, and those that auto- Except for incumbent intervenors, a labor Executive Director will dismiss the petition matically renew without further action by organization seeking to intervene shall sub- or deny the request to intervene. the parties, do not constitute a bar to a peti- tion seeking an election under this section mit a statement that it has complied with 5 § 2422.11 Challenge to the status of a labor orga- unless a clear and unambiguous effective U.S.C. 7111(e), as applied by the CAA, and nization. date, renewal date where applicable, dura- one of the following: (a) Basis of challenge to labor organization (1) A showing of interest of ten percent tion, and termination date are ascertainable status. The only basis on which a challenge (10%) or more of the employees in the unit from the agreement and relevant accom- to the status of a labor organization may be covered by a petition seeking an election, panying documentation. made is compliance with 5 U.S.C. 7103(a)(4), with an alphabetical list of the names of the § 2422.13 Resolution of issues raised by a peti- as applied by the CAA. tion. employees constituting the showing of inter- (b) Format and time for filing a challenge. est; or Any party filing a challenge to the status of (a) Meetings prior to filing a representation (2) A current or recently expired collective a labor organization involved in the process- petition. All parties affected by the represen- tation issues that may be raised in a petition bargaining agreement covering any of the ing of a petition must do so in writing to the are encouraged to meet prior to the filing of employees in the unit affected by issues Executive Director before the pre-election the petition to discuss their interests and raised in the petition; or investigatory hearing opens, unless good (3) Evidence that it is or was, prior to a re- narrow and resolve the issues. If requested cause is shown for granting an extension. If organization, the certified exclusive rep- by all parties a representative of the Office no hearing is held, challenges must be filed resentative of any of the employees affected will participate in these meetings. prior to action being taken pursuant to by issues raised in the petition. (b) Meetings to narrow and resolve the issues § 2422.30. (d) Incumbent. An incumbent exclusive rep- after the petition is filed. After a petition is resentative, without regard to the require- § 2422.12 Timeliness of petitions seeking an elec- filed, the Executive Director may require all ments of paragraph (c) of this section, will be tion. affected parties to meet to narrow and re- considered a party in any representation pro- (a) Election bar. Where there is no certified solve the issues raised in the petition. ceeding raising issues that affect employees exclusive representative, a petition seeking § 2422.14 Effect of withdrawal/dismissal. the incumbent represents, unless it serves an election will not be considered timely if (a) Withdrawal/dismissal less than sixty (60) the Board, through the Executive Director, filed within twelve (12) months of a valid days before contract expiration. When a peti- with a written disclaimer of any representa- election involving the same unit or a sub- tion seeking an election that has been time- tion interest in the claimed unit. division of the same unit. ly filed is withdrawn by the petitioner or dis- (e) Employing office. An employing office or (b) Certification bar. Where there is a cer- missed by the Executive Director or the activity will be considered a party if any of tified exclusive representative of employees, Board less than sixty (60) days prior to the its employees are affected by issues raised in a petition seeking an election will not be expiration of an existing agreement between the petition. considered timely if filed within twelve (12) the incumbent exclusive representative and (f) Employing office or activity intervention. months after the certification of the exclu- the employing office or activity or any time An employing office or activity seeking to sive representative of the employees in an after the expiration of the agreement, an- intervene in any representation proceeding appropriate unit. If a collective bargaining other petition seeking an election will not be must submit evidence that one or more em- agreement covering the claimed unit is pend- considered timely if filed within a ninety (90) ployees of the employing office or activity ing employing office head review under 5 day period from either: may be affected by issues raised in the peti- U.S.C. 7114(c), as applied by the CAA, or is in (1) The date the withdrawal is approved; or tion. effect, paragraphs (c), (d), or (e) of this sec- (2) The date the petition is dismissed by the Executive Director when no application § 2422.9 Adequacy of showing of interest. tion apply. (c) Bar during employing office head review. for review is filed with the Board; or (a) Adequacy. Adequacy of a showing of in- A petition seeking an election will not be (3) The date the Board rules on an applica- terest refers to the percentage of employees considered timely if filed during the period tion for review; or in the unit involved as required by §§ 2422.3(c) (4) The date the Board issues a Decision of employing office head review under 5 and (d) and 2422.8(c)(1). and Order dismissing the petition. U.S.C. 7114(c), as applied by the CAA. This (b) Executive Director investigation and ac- Other pending petitions that have been bar expires upon either the passage of thirty tion. The Executive Director, on behalf of the timely filed under this Part will continue to (30) days absent employing office head ac- Board, will conduct such investigation as be processed. tion, or upon the date of any timely employ- deemed appropriate. The Executive Direc- (b) Withdrawal by petitioner. A petitioner ing office head action. tor’s determination, on behalf of the Board, who submits a withdrawal request for a peti- (d) Contract bar where the contract is for that the showing of interest is adequate is tion seeking an election that is received by three (3) years or less. Where a collective bar- final and binding and not subject to collat- the Executive Director after the notice of gaining agreement is in effect covering the eral attack at a representation hearing or on pre-election investigatory hearing issues or claimed unit and has a term of three (3) appeal to the Board. If the Executive Direc- after approval of an election agreement, years or less from the date it became effec- tor determines, on behalf of the Board, that whichever occurs first, will be barred from tive, a petition seeking an election will be a showing of interest is inadequate, the Ex- filing another petition seeking an election considered timely if filed not more than one for the same unit or any subdivision of the ecutive Director will dismiss the petition, or hundred and five (105) and not less than sixty unit for six (6) months from the date of the deny a request for intervention. (60) days prior to the expiration of the agree- approval of the withdrawal by the Executive § 2422.10 Validity of showing of interest. ment. Director. (a) Validity. Validity questions are raised (e) Contract bar where the contract is for (c) Withdrawal by incumbent. When an elec- by challenges to a showing of interest on more than three (3) years. Where a collective tion is not held because the incumbent dis- grounds other than adequacy. bargaining agreement is in effect covering claims any representation interest in a unit, (b) Validity challenge. The Executive Direc- the claimed unit and has a term of more a petition by the incumbent seeking an elec- tor or any party may challenge the validity than three (3) years from the date it became tion involving the same unit or a subdivision of a showing of interest. effective, a petition seeking an election will of the same unit will not be considered time- (c) When and where validity challenges may be considered timely if filed not more than ly if filed within six (6) months of cancella- be filed. Party challenges to the validity of a one hundred and five (105) and not less than tion of the election. showing of interest must be in writing and sixty (60) days prior to the expiration of the § 2422.15 Duty to furnish information and co- filed with the Executive Director before the initial three (3) year period, and any time operate. pre-election investigatory hearing opens, un- after the expiration of the initial three (3) (a) Relevant information. After a petition is less good cause is shown for granting an ex- year period. filed, all parties must, upon request of the tension. If no pre-election investigatory (f) Unusual circumstances. A petition seek- Executive Director, furnish the Executive hearing is held, challenges to the validity of ing an election or a determination relating Director and serve all parties affected by is- a showing of interest must be filed prior to to representation matters may be filed at sues raised in the petition with information action being taken pursuant to § 2422.30. any time when unusual circumstances exist concerning parties, issues, and agreements (d) Contents of validity challenges. Chal- that substantially affect the unit or major- raised in or affected by the petition. lenges to the validity of a showing of inter- ity representation. (b) Inclusions and exclusions. After a peti- est must be supported with evidence. (g) Premature extension. Where a collective tion seeking an election is filed, the Execu- (e) Executive Director investigation and ac- bargaining agreement with a term of three tive Director, on behalf of the Board, may di- tion. The Executive Director, on behalf of the (3) years or less has been extended prior to rect the employing office or activity to fur- Board, will conduct such investigation as sixty (60) days before its expiration date, the nish the Executive Director and all parties October 1, 1996 CONGRESSIONAL RECORD — SENATE S12067 affected by issues raised in the petition with ducted by the Executive Director or her des- § 2422.21 Duties and powers of the Executive Di- a current alphabetized list of employees and ignee. rector in the conduct of the pre-election in- job classifications included in and/or ex- (d) Production of evidence. Parties have the vestigatory hearing. cluded from the existing or claimed unit af- obligation to produce existing documents (a) Duties. The Executive Director or her fected by issues raised in the petition. and witnesses for the investigatory hearing designee, on behalf of the Board, will receive (c) Cooperation. All parties are required to in accordance with the instructions of the evidence and inquire fully into the relevant cooperate in every aspect of the representa- Executive Director or her designee. If a and material facts concerning the matters tion process. This obligation includes co- party willfully fails to comply with such in- that are the subject of the investigatory operating fully with the Executive Director, structions, the Board may draw an inference hearing, and may make recommendations on submitting all required and requested infor- adverse to that party on the issue related to the record to the Board. mation, and participating in prehearing con- the evidence sought. (b) Powers. During the period a case is as- ferences and pre-election investigatory hear- (e) Transcript. An official reporter will signed to the Executive Director or her des- ings. The failure to cooperate in the rep- make the official transcript of the pre-elec- ignee for pre-election investigatory hearing resentation process may result in the Execu- tion investigatory hearing. Copies of the of- and prior to the close of the hearing, the Ex- tive Director or the Board taking appro- ficial transcript may be examined in the Of- ecutive Director or her designee may take priate action, including dismissal of the peti- fice during normal working hours. Requests any action necessary to schedule, conduct, tion or denial of intervention. by parties to purchase copies of the official continue, control, and regulate the pre-elec- § 2422.16 Election agreements or directed elec- transcript should be made to the official tion investigatory hearing, including ruling tions. hearing reporter. on motions when appropriate. (a) Election agreements. Parties are encour- § 2422.19 Motions. § 2422.22 Objections to the conduct of the pre- aged to enter into election agreements. (a) Purpose of a motion. Subsequent to the election investigatory hearing. (b) Executive Director directed election. If the issuance of a notice of pre-election investiga- (a) Objections. Objections are oral or writ- parties are unable to agree on procedural tory hearing in a representation proceeding, ten complaints concerning the conduct of a matters, specifically, the eligibility period, a party seeking a ruling, an order, or relief pre-election investigatory hearing. method of election, dates, hours, or locations must do so by filing or raising a motion stat- (b) Exceptions to rulings. There are auto- of the election, the Executive Director, on ing the order or relief sought and the matic exceptions to all adverse rulings. behalf of the Board, will decide election pro- grounds therefor. Challenges and other fil- § 2422.23 Election procedures. cedures and issue a Direction of Election, ings referenced in other sections of this sub- (a) Executive Director conducts or supervises without prejudice to the rights of a party to part may, in the discretion of the Executive election. The Executive Director, on behalf of file objections to the procedural conduct of Director or her designee, be treated as a mo- the Board, will decide to conduct or super- the election. tion. (c) Opportunity for an investigatory hearing. (b) Prehearing motions. Prehearing motions vise the election. In supervised elections, Before directing an election, the Executive must be filed in writing with the Executive employing offices or activities will perform Director shall provide affected parties an op- Director. Any response must be filed with all acts as specified in the Election Agree- portunity for a pre-election investigatory the Executive Director within five (5) days ment or Direction of Election. hearing on other than procedural matters. after service of the motion. The Executive (b) Notice of election. Prior to the election a (d) Challenges or objections to a directed elec- Director shall rule on the motion. notice of election, prepared by the Executive tion. A Direction of Election issued under (c) Motions made at the investigatory hear- Director, will be posted by the employing of- this section will be issued without prejudice ing. During the pre-election investigatory fice or activity in places where notices to to the right of a party to file a challenge to hearing, motions will be made to the Execu- employees are customarily posted and/or dis- the eligibility of any person participating in tive Director or her designee, and may be tributed in a manner by which notices are the election and/or objections to the elec- oral on the record, unless otherwise required normally distributed. The notice of election tion. in this subpart to be in writing. Responses will contain the details and procedures of the election, including the appropriate unit, the § 2422.17 Notice of pre-election investigatory may be oral on the record or in writing, but, eligibility period, the date(s), hour(s) and lo- hearing and prehearing conference. absent permission of the Executive Director or her designee, must be provided before the cation(s) of the election, a sample ballot, and (a) Purpose of notice of an investigatory hear- the effect of the vote. ing. The Executive Director, on behalf of the hearing closes. The Executive Director or her designee will rule on motions made at (c) Sample ballot. The reproduction of any Board, may issue a notice of pre-election in- document purporting to be a copy of the offi- vestigatory hearing involving any issues the hearing. (d) Posthearing motions. Motions made after cial ballot that suggests either directly or raised in the petition. the hearing closes must be filed in writing indirectly to employees that the Board en- (b) Contents. The notice of hearing will ad- dorses a particular choice in the election vise affected parties about the pre-election with the Board. Any response to a posthearing motion must be filed with the may constitute grounds for setting aside an investigatory hearing. The Executive Direc- election if objections are filed under § 2422.26. tor will also notify affected parties of the is- Board within five (5) days after service of the motion. (d) Secret ballot. All elections will be by se- sues raised in the petition and establish a cret ballot. § 2422.20 Rights of parties at a pre-election in- date for the prehearing conference. (e) Intervenor withdrawal from ballot. When vestigatory hearing. (c) Prehearing conference. A prehearing con- two or more labor organizations are included ference will be conducted by the Executive (a) Rights. A party at a pre-election inves- as choices in an election, an intervening Director or her designee, either by meeting tigatory hearing will have the right: labor organization may, prior to the ap- or teleconference. All parties must partici- (1) To appear in person or by a representa- proval of an election agreement or before the pate in a prehearing conference and be pre- tive; direction of an election, file a written re- (2) To examine and cross-examine wit- pared to fully discuss, narrow and resolve quest with the Executive Director to remove the issues set forth in the notification of the nesses; and (3) To introduce into the record relevant its name from the ballot. If the request is prehearing conference. not received prior to the approval of an elec- (d) No interlocutory appeal of investigatory evidence. (b) Documentary evidence and stipulations. tion agreement or before the direction of an hearing determination. The Executive Direc- election, unless the parties and the Execu- tor’s determination of whether to issue a no- Parties must submit two (2) copies of docu- mentary evidence to the Executive Director tive Director, on behalf of the Board, agree tice of pre-election investigatory hearing is otherwise, the intervening labor organiza- not appealable to the Board. or her designee and copies to all other par- ties. Stipulations of fact between/among the tion will remain on the ballot. The Executive § 2422.18 Pre-election investigatory hearing pro- parties may be introduced into evidence. Director’s decision on the request is final cedures. (c) Oral argument. Parties will be entitled and not subject to the filing of an applica- (a) Purpose of a pre-election investigatory to a reasonable period prior to the close of tion for review with the Board. hearing. Representation hearings are consid- the hearing for oral argument. Presentation (f) Incumbent withdrawal from ballot in an ered investigatory and not adversarial. The of a closing oral argument does not preclude election to decertify an incumbent representa- purpose of the hearing is to develop a full a party from filing a brief under paragraph tive. When there is no intervening labor orga- and complete record of relevant and material (d) of this section. nization, an election to decertify an incum- facts. (d) Briefs. A party will be afforded an op- bent exclusive representative will not be (b) Conduct of hearing. Pre-election inves- portunity to file a brief with the Board. held if the incumbent provides the Executive tigatory hearings will be open to the public (1) An original and two (2) copies of a brief Director with a written disclaimer of any unless otherwise ordered by the Executive must be filed with the Board within thirty representation interest in the unit. When Director or her designee. There is no burden (30) days from the close of the hearing. there is an intervenor, an election will be of proof, with the exception of proceedings (2) A written request for an extension of held if the intervening labor organization on objections to elections as provided for in time to file a brief must be filed with and re- proffers a thirty percent (30%) showing of in- § 2422.27(b). Formal rules of evidence do not ceived by the Board no later than five (5) terest within the time period established by apply. days before the date the brief is due. the Executive Director. (c) Pre-election investigatory hearing. Pre- (3) No reply brief may be filed without per- (g) Petitioner withdraws from ballot in an election investigatory hearings will be con- mission of the Board. election. When there is no intervening labor S12068 CONGRESSIONAL RECORD — SENATE October 1, 1996 organization, an election will not be held if of the election. The objections must be sup- (c) Ballot. If a determination is made that the petitioner provides the Executive Direc- ported by clear and concise reasons. An the election is inconclusive, the election will tor with a written request to withdraw the original and two (2) copies of the objections be rerun with all the choices that appeared petition. When there is an intervenor, an must be received by the Executive Director. on the original ballot. election will be held if the intervening labor (b) Supporting evidence. The objecting party (d) Number of reruns. There will be only one organization proffers a thirty percent (30%) must file with the Executive Director evi- rerun of an inconclusive election. If the showing of interest within the time period dence, including signed statements, docu- rerun results in another inconclusive elec- established by the Executive Director. ments and other materials supporting the tion, the tally of ballots will indicate a ma- (h) Observers. All parties are entitled to objections within ten (10) days after the ob- jority of valid ballots has not been cast for representation at the polling location(s) by jections are filed. any choice and a certification of results will observers of their own selection subject to § 2422.27 Determinative challenged ballots and be issued. If necessary, a runoff may be held the Executive Director’s approval. objections. when an original election is rerun. (1) Parties desiring to name observers must (a) Investigation. The Executive Director, § 2422.30 Executive Director investigations, no- file in writing with the Executive Director a on behalf of the Board, will investigate ob- tices of pre-election investigatory hearings, request for specifically named observers at jections and/or determinative challenged bal- and actions; Board Decisions and Orders. least fifteen (15) days prior to an election. lots that are sufficient in number to affect (a) Executive Director investigation. The Ex- The Executive Director may grant an exten- the results of the election. ecutive Director, on behalf of the Board, will sion of time for filing a request for specifi- (b) Burden of proof. A party filing objec- make such investigation of the petition and cally named observers for good cause where tions to the election bears the burden of any other matter as the Executive Director a party requests such an extension or on the proof by a preponderance of the evidence deems necessary. Executive Director’s own motion. The re- concerning those objections. However, no (b) Executive Director notice of pre-election quest must name and identify the observers party bears the burden of proof on chal- investigatory hearing. On behalf of the Board, requested. lenged ballots. the Executive Director will issue a notice of (2) An employing office or activity may use (c) Executive Director action. After inves- pre-election investigatory hearing to inquire as its observers any employees who are not tigation, the Executive Director will take into any matter about which a material eligible to vote in the election, except: appropriate action consistent with § 2422.30. issue of fact exists, where there is an issue as (i) Supervisors or management officials; (d) Consolidated hearing on objections and/or to whether a question concerning representa- (ii) Employees who have any official con- determinative challenged ballots and an unfair tion exists, and any time there is reasonable nection with any of the labor organizations labor practice hearing. When appropriate, and cause to believe a question exists regarding involved; or in accordance with § 2422.33, objections and/or unit appropriateness. (iii) Non-employees of the legislative determinative challenged ballots may be (c) Executive Director action. After inves- branch. consolidated with an unfair labor practice tigation and/or hearing, when a pre-election (3) A labor organization may use as its ob- hearing. Such consolidated hearings will be investigatory hearing has been ordered, the servers any employees eligible to vote in the conducted by a Hearing Officer. Exceptions Executive Director may, on behalf of the election, except: and related submissions must be filed with Board, approve an election agreement, dis- (i) Employees on leave without pay status the Board and the Board will issue a decision miss a petition or deny intervention where who are working for the labor organization in accordance with Part 2423 of this chapter there is an inadequate or invalid showing of involved; or and section 406 of the CAA, except for the interest, or dismiss a petition where there is (ii) Employees who hold an elected office following: an undisputed bar to further processing of in the union. (1) Section 2423.18 of this Subchapter con- the petition under law, rule or regulation. (4) Objections to a request for specific ob- cerning the burden of proof is not applicable; (d) Appeal of Executive Director action. A servers must be filed with the Executive Di- (2) The Hearing Officer may not rec- party may file with the Board an application rector stating the reasons in support within ommend remedial action to be taken or no- for review of an Executive Director action five (5) days after service of the request. tices to be posted; and, taken pursuant to section (c) above. (5) The Executive Director’s ruling on re- (3) References to ‘‘charge’’ and ‘‘com- (e) Contents of the Record. When no pre- quests for and objections to observers is final plaint’’ in Part 2423 of this chapter will be election investigatory hearing has been con- and binding and is not subject to the filing of omitted. ducted all material submitted to and consid- an application for review with the Board. ered by the Executive Director during the in- § 2422.28 Runoff elections. § 2422.24 Challenged ballots. vestigation becomes a part of the record. (a) When a runoff may be held. A runoff (a) Filing challenges. A party or the Execu- When a pre-election investigatory hearing election is required in an election involving tive Director may, for good cause, challenge has been conducted, the transcript and all at least three (3) choices, one of which is ‘‘no the eligibility of any person to participate in material entered into evidence, including union’’ or ‘‘neither,’’ when no choice receives the election prior to the employee voting. any posthearing briefs, become a part of the a majority of the valid ballots cast. However, (b) Challenged ballot procedure. An individ- record. a runoff may not be held until the objections ual whose eligibility to vote is in dispute (f) Transfer of record to Board; Board Deci- to the election and determinative challenged will be given the opportunity to vote a chal- sions and Orders. In cases that are submitted ballots have been resolved. lenged ballot. If the parties and the Region to the Board for decision in the first in- (b) Eligibility. Employees who were eligible are unable to resolve the challenged ballot(s) stance, the Board shall decide the issues pre- to vote in the original election and who are prior to the tally of ballots, the unresolved sented based upon the record developed by also eligible on the date of the runoff elec- challenged ballot(s) will be impounded and the Executive Director, including the tran- tion may vote in the runoff election. preserved until a determination can be script of the pre-election investigatory hear- (c) Ballot. The ballot in the runoff election made, if necessary, by the Executive Direc- ing, if any, documents admitted into the will provide for a selection between the two tor or the Board. record and briefs and other approved submis- choices receiving the largest and second sions from the parties. The Board may direct § 2422.25 Tally of ballots. largest number of votes in the election. that a secret ballot election be held, issue an (a) Tallying the ballots. When the election is § 2422.29 Inconclusive elections. order dismissing the petition, or make such concluded, the Executive Director or her des- (a) Inconclusive elections. An inconclusive other disposition of the matter as it deems ignee will tally the ballots. election is one where challenged ballots are appropriate. (b) Service of the tally. When the tally is not sufficient to affect the outcome of the § 2422.31 Application for review of an Executive completed, the Executive Director will serve election and one of the following occurs: Director action. the tally of ballots on the parties in accord- (1) The ballot provides for at least three (3) (a) Filing an application for review. A party ance with the election agreement or direc- choices, one of which is ‘‘no union’’ or ‘‘nei- must file an application for review with the tion of election. ther’’ and the votes are equally divided; or Board within sixty (60) days of the Executive (c) Valid ballots cast. Representation will be (2) The ballot provides for at least three (3) Director’s action. The sixty (60) day time determined by the majority of the valid bal- choices, the choice receiving the highest limit provided for in 5 U.S.C. 7105(f), as ap- lots cast. number of votes does not receive a majority, plied by the CAA, may not be extended or § 2422.26 Objections to the election. and at least two other choices receive the waived. (a) Filing objections to the election. Objec- next highest and same number of votes; or (b) Contents. An application for review tions to the procedural conduct of the elec- (3) When a runoff ballot provides for a must be sufficient to enable the Board to tion or to conduct that may have improperly choice between two labor organizations and rule on the application without recourse to affected the results of the election may be results in the votes being equally divided; or the record; however, the Board may, in its filed by any party. Objections must be filed (4) When the Board determines that there discretion, examine the record in evaluating and received by the Executive Director with- have been significant procedural irregular- the application. An application must specify in five (5) days after the tally of ballots has ities. the matters and rulings to which excep- been served. Any objections must be timely (b) Eligibility to vote in a rerun election. A tion(s) is taken, include a summary of evi- regardless of whether the challenged ballots current payroll period will be used to deter- dence relating to any issue raised in the ap- are sufficient in number to affect the results mine eligibility to vote in a rerun election. plication, and make specific reference to October 1, 1996 CONGRESSIONAL RECORD — SENATE S12069 page citations in the transcript if a hearing § 2422.34 Rights and obligations during the (c) In order to afford the parties an oppor- was held. An application may not raise any pendency of representation proceedings. tunity to implement the policy referred to in issue or rely on any facts not timely pre- (a) Existing recognitions, agreements, and ob- paragraphs (a) and (b) of this section, the in- sented to the Executive Director. ligations under the CAA. During the pendency vestigation of an unfair labor practice (c) Review. The Board may, in its discre- of any representation proceeding, parties are charge by the General Counsel will normally tion, grant an application for review when obligated to maintain existing recognitions, not commence until the parties have been af- the application demonstrates that review is adhere to the terms and conditions of exist- forded a reasonable amount of time, not to warranted on one or more of the following ing collective bargaining agreements, and exceed fifteen (15) days from the filing of the grounds: fulfill all other representational and bar- charge, during which period the parties are (1) The decision raises an issue for which gaining responsibilities under the CAA. urged to attempt to informally resolve the there is an absence of precedent; (b) Unit status of individual employees. Not- unfair labor practice allegation. (2) Established law or policy warrants re- withstanding paragraph (a) of this section § 2423.3 Who may file charges. consideration; or, and except as otherwise prohibited by law, a An employing office, employing activity, (3) There is a genuine issue over whether party may take action based on its position or labor organization may be charged by any the Executive Director has: regarding the bargaining unit status of indi- person with having engaged in or engaging in (i) Failed to apply established law; vidual employees, pursuant to 5 U.S.C. any unfair labor practice prohibited under 5 (ii) Committed a prejudicial procedural 7103(a)(2), 7112 (b) and (c), as applied by the U.S.C. 7116, as applied by the CAA. error; CAA: provided, however, that its actions may (iii) Committed a clear and prejudicial be challenged, reviewed, and remedied where § 2423.4 Contents of the charge; supporting evi- error concerning a substantial factual mat- appropriate. dence and documents. ter. Part 2423—Unfair Labor Practice (a) A charge alleging a violation of 5 U.S.C. (d) Opposition. A party may file with the Proceedings 7116, as applied by the CAA, shall be submit- Board an opposition to an application for re- ted on forms prescribed by the General Coun- Sec. view within ten (10) days after the party is sel and shall contain the following: served with the application. A copy must be 2423.1 Applicability of this part. (1) The name, address and telephone num- served on the Executive Director and all 2423.2 Informal proceedings. ber of the person(s) making the charge; other parties and a statement of service 2423.3 Who may file charges. (2) The name, address and telephone num- must be filed with the Board. 2423.4 Contents of the charge; supporting ber of the employing office or activity, or (e) Executive Director action becomes the evidence and documents. labor organization against whom the charge Board’s action. An action of the Executive Di- 2423.5 Selection of the unfair labor practice is made; rector becomes the action of the Board when: procedure or the negotiability procedure. (3) A clear and concise statement of the (1) No application for review is filed with 2423.6 Filing and service of copies. facts constituting the alleged unfair labor the Board within sixty (60) days after the 2423.7 Investigation of charges. practice, a statement of the section(s) and date of the Executive Director’s action; or 2423.8 Amendment of charges. subsection(s) of chapter 71 of title 5 of the (2) A timely application for review is filed 2423.9 Action by the General Counsel. United States Code made applicable by the with the Board and the Board does not un- 2423.10 Determination not to file complaint. CAA alleged to have been violated, and the dertake to grant review of the Executive Di- 2423.11 Settlement or adjustment of issues. date and place of occurrence of the particu- rector’s action within sixty (60) days of the 2423.12 Filing and contents of the com- lar acts; and filing of the application; or plaint. (4) A statement of any other procedure in- (3) The Board denies an application for re- 2423.13 Answer to the complaint. voked involving the subject matter of the view of the Executive Director’s action. 2423.14 Prehearing disclosure; conduct of charge and the results, if any, including (f) Board grant of review and stay. The hearing. whether the subject matter raised in the Board may rule on the issue(s) in an applica- 2423.15 Intervention. charge (i) has been raised previously in a tion for review in its order granting the ap- 2423.16 [Reserved] grievance procedure; (ii) has been referred to plication for review. Neither filing nor 2423.17 [Reserved] the Board under Part 2471 of these regula- granting an application for review shall stay 2423.18 Burden of proof before the Hearing tions, or the Federal Mediation and Concilia- any action ordered by the Executive Director Officer. tion Service, or (iii) involves a negotiability unless specifically ordered by the Board. 2423.19 Duties and powers of the Hearing Of- issue raised by the charging party in a peti- (g) Briefs if review is granted. If the Board ficer. tion pending before the Board pursuant to does not rule on the issue(s) in the applica- 2423.20 [Reserved] Part 2424 of this subchapter. tion for review in its order granting review, 2423.21 [Reserved] (b) Such charge shall be in writing and the Board may, in its discretion, afford the 2423.22 [Reserved] signed and shall contain a declaration by the parties an opportunity to file briefs. The 2423.23 [Reserved] person signing the charge, under the pen- briefs will be limited to the issue(s) ref- 2423.24 [Reserved] alties of the Criminal Code (18 U.S.C. 1001), erenced in the Board’s order granting review. 2423.25 [Reserved] that its contents are true and correct to the § 2422.32 Certifications and revocations. 2423.26 Hearing Officer decisions; entry in best of that person’s knowledge and belief. (a) Certifications. The Executive Director, records of the Office. (c) When filing a charge, the charging on behalf of the Board, will issue an appro- 2423.27 Appeal to the Board. party shall submit to the General Counsel priate certification when: 2423.28 [Reserved] any supporting evidence and documents. (1) After an election, runoff, or rerun, 2423.29 Action by the Board. § 2423.5 Selection of the unfair labor practice (i) No objections are filed or challenged 2423.30 Compliance with decisions and or- procedure or the negotiability procedure. ballots are not determinative, or ders of the Board. Where a labor organization files an unfair (ii) Objections and determinative chal- 2423.31 Backpay proceedings. labor practice charge pursuant to this part lenged ballots are decided and resolved; or § 2423.1 Applicability of this part. which involves a negotiability issue, and the (2) The Executive Director takes an action This part is applicable to any charge of al- labor organization also files pursuant to part requiring a certification and that action be- leged unfair labor practices occurring on or 2424 of this subchapter a petition for review comes the action of the Board under after October 1, 1996. of the same negotiability issue, the Board § 2422.31(e) or the Board otherwise directs the § 2423.2 Informal proceedings. and the General Counsel ordinarily will not issuance of a certification. process the unfair labor practice charge and (b) Revocations. Without prejudice to any (a) The purposes and policies of chapter 71, as applied by the CAA, can best be achieved the petition for review simultaneously. rights and obligations which may exist under Under such circumstances, the labor organi- the CAA, the Executive Director, on behalf by the cooperative efforts of all persons cov- ered by the program. To this end, it shall be zation must select under which procedure to of the Board, will revoke a recognition or proceed. Upon selection of one procedure, certification, as appropriate, and provide a the policy of the Board and the General Counsel to encourage all persons alleging un- further action under the other procedure will written statement of reasons when an in- ordinarily be suspended. Such selection must cumbent exclusive representative files, dur- fair labor practices and persons against whom such allegations are made to meet be made regardless of whether the unfair ing a representation proceeding, a disclaimer labor practice charge or the petition for re- of any representational interest in the unit. and, in good faith, attempt to resolve such matters prior to the filing of unfair labor view of a negotiability issue is filed first. No- § 2422.33 Relief obtainable under Part 2423. practice charges. tification of this selection must be made in Remedial relief that was or could have (b) In furtherance of the policy referred to writing at the time that both procedures been obtained as a result of a motion, objec- in paragraph (a) of this section, and noting have been invoked, and must be served on tion, or challenge filed or raised under this the 180 day period of limitation set forth in the Board, the General Counsel and all par- subpart, may not be the basis for similar re- section 220(c)(2) of the CAA, it shall be the ties to both the unfair labor practice case lief if filed or raised as an unfair labor prac- policy of the Board and the General Counsel and the negotiability case. Cases which sole- tice under Part 2423 of this Chapter: provided, to encourage the informal resolution of un- ly involve an employing office’s allegation however, that related matters may be con- fair labor practice allegations subsequent to that the duty to bargain in good faith does solidated for hearing as noted in § 2422.27(d) the filing of a charge and prior to the filing not extend to the matter proposed to be bar- of this subpart. of a complaint by the General Counsel. gained and which do not involve actual or S12070 CONGRESSIONAL RECORD — SENATE October 1, 1996 contemplated changes in conditions of em- tice, or for other appropriate reasons, the tuate the policies of chapter 71, as applied by ployment may only be filed under part 2424 General Counsel may request the charging the CAA, the General Counsel may withdraw of this subchapter. party to withdraw the charge, and in the ab- the complaint. § 2423.6 Filing and service of copies. sence of such withdrawal within a reasonable Settlements after the opening of the hearing time, decline to file a complaint. (e)(1) After filing of a complaint and after (a) An original and four (4) copies of the (b) The charging party may not obtain a charge together with one copy for each addi- opening of the hearing, if the General Coun- review of the General Counsel’s decision not sel concludes that it will effectuate the poli- tional charged party named shall be filed to file a complaint. with the General Counsel. cies of chapter 71, as applied by the CAA, the § 2423.11 Settlement or adjustment of issues. (b) Upon the filing of a charge, the charg- General Counsel may request the Hearing Of- ing party shall be responsible for the service (a) At any stage of a proceeding prior to ficer for permission to withdraw the com- of a copy of the charge (without the support- hearing, where time, the nature of the pro- plaint and, having been granted such permis- ing evidence and documents) upon the per- ceeding, and the public interest permit, all sion to withdraw the complaint, may ap- son(s) against whom the charge is made, and interested parties shall have the opportunity prove a settlement and recommend that the for filing a written statement of such service to submit to the Executive Director or Gen- Executive Director approve the settlement with the General Counsel. The General Coun- eral Counsel, as appropriate, for consider- pursuant to paragraph (b) of this section. sel will, as a matter of course, cause a copy ation, all facts and arguments concerning of- (2) If, after filing of a complaint and after of such charge to be served on the person(s) fers of settlement, or proposals of adjust- opening of the hearing, the parties enter into against whom the charge is made, but shall ment. a settlement agreement that contains the re- spondent’s consent to the Board’s applica- not be deemed to assume responsibility for Precomplaint settlements tion for the entry of a decree by the United such service. (b)(1) Prior to the filing of any complaint States Court of Appeals for the Federal Cir- (c) A charge will be deemed to be filed or the taking of other formal action, the cuit enforcing the Board’s order, the General when it is received by the General Counsel in General Counsel will afford the charging Counsel may request the Hearing Officer and accordance with the requirements in para- party and the respondent a reasonable period the Executive Director to approve such set- graph (a) of this section. of time in which to enter into a settlement tlement agreement, and upon such approval, § 2423.7 Investigation of charges. agreement to be submitted to and approved by the General Counsel and the Executive to transmit the agreement to the Board for (a) The General Counsel shall conduct such Director. Upon approval by the General approval. investigation of the charge as the General Counsel and Executive Director and compli- (3) If the charging party fails or refuses to Counsel deems necessary. Consistent with ance with the terms of the settlement agree- become a party to a settlement agreement, the policy set forth in § 2423.2, the investiga- ment, no further action shall be taken in the offered by the respondent, that contains the tion will normally not commence until the case. If the respondent fails to perform its respondent’s consent to the Board’s applica- parties have been afforded a reasonable obligations under the settlement agreement, tion for the entry of a decree by the United amount of time, not to exceed fifteen (15) the General Counsel may determine to insti- States Court of Appeals for the Federal Cir- days from the filing of the charge, to infor- tute further proceedings. cuit enforcing the Board’s order, and the mally resolve the unfair labor practice alle- (2) In the event that the charging party General Counsel concludes that the offered gation. fails or refuses to become a party to a settle- settlement will effectuate the policies of (b) During the course of the investigation ment agreement offered by the respondent, if chapter 71, as applied to the CAA, the agree- all parties involved will have an opportunity the General Counsel concludes that the of- ment shall be between the respondent and to present their evidence and views to the fered settlement will effectuate the policies the General Counsel. After the charging General Counsel. of chapter 71, as applied by the CAA, the party is given an opportunity to state on the (c) In connection with the investigation of agreement shall be between the respondent record or in writing the reasons for opposing charges, all persons are expected to cooper- and the General Counsel and the latter shall the settlement, the General Counsel may re- ate fully with the General Counsel. decline to file a complaint. quest the Hearing Officer and the Executive Director to approve such settlement agree- (d) The purposes and policies of chapter 71, Post complaint settlement policy as applied by the CAA, can best be achieved ment, and upon such approval, to transmit (c) Consistent with the policy reflected in the agreement to the Board for approval. by the full cooperation of all parties in- paragraph (a) of this section, even after the volved and the voluntary submission of all The Board may approve or disapprove any filing of a complaint, the Board favors the such settlement agreement or return the potentially relevant information from all po- settlement of issues. Such settlements may tential sources during the course of the in- case to the Hearing Officer for other appro- be accomplished as provided in paragraph (b) priate action. vestigation. To this end, it shall be the pol- of this section. The parties may, as part of § 2423.12 Filing and contents of the complaint. icy of the Board and the General Counsel to the settlement, agree to waive their right to protect the identity of individuals and the a hearing and agree further that the Board (a) After a charge is filed, if it appears to substance of the statements and information may issue an order requiring the respondent the General Counsel that formal proceedings they submit or which is obtained during the to take action appropriate to the terms of in respect thereto should be instituted, the investigation as a means of assuring the the settlement. Ordinarily such a settlement General Counsel shall file a formal com- Board’s and the General Counsel’s continu- agreement will also contain the respondent’s plaint: Provided, however, that a determina- ing ability to obtain all relevant informa- consent to the Board’s application for the tion by the General Counsel to file a com- tion. entry of a decree by the United States Court plaint shall not be subject to review. (b) The complaint shall include: §2423.8 Amendment of charges. of Appeals for the Federal Circuit enforcing (1) Notice of the charge; Prior to the issuance of a complaint, the the Board’s order. (2) Any information required pursuant to charging party may amend the charge in ac- Post complaint prehearing settlements the Procedural Rules of the Office. cordance with the requirements set forth in (d)(1) If, after the filing of a complaint, the (c) Any such complaint may be withdrawn § 2423.6. charging party and the respondent enter into before the hearing by the General Counsel. § 2423.9 Action by the General Counsel. a settlement agreement, and such agreement § 2423.13 Answer to the complaint. (a) The General Counsel shall take action is accepted by the General Counsel, the set- A respondent shall file an answer to a com- which may consist of the following, as appro- tlement agreement shall be submitted to the plaint in accordance with the requirements priate: Executive Director for approval. of the Procedural Rules of the Office. (2) If, after the filing of a complaint, the (1) Approve a request to withdraw a § 2423.14 Prehearing disclosure; conduct of charging party fails or refuses to become a charge; hearing. party to a settlement agreement offered by (2) Refuse to file a complaint; the respondent, and the General Counsel con- The procedures for prehearing discovery (3) Approve a written settlement and rec- and the conduct of the hearing are set forth cludes that the offered settlement will effec- ommend that the Executive Director approve in the Procedural Rules of the Office. tuate the policies of chapter 71, as applied by a written settlement agreement in accord- the CAA, the agreement shall be between the § 2423.15 Intervention. ance with the provisions of section 414 of the respondent and the General Counsel. The Any person involved and desiring to inter- CAA; charging party will be so informed and pro- vene in any proceeding pursuant to this part (4) File a complaint; shall file a motion in accordance with the (5) Upon agreement of all parties, transfer vided a brief written statement by the Gen- eral Counsel of the reasons therefor. The procedures set forth in the Procedural Rules to the Board for decision, after filing of a of the Office. The motion shall state the complaint, a stipulation of facts in accord- settlement agreement together with the charging party’s objections, if any, and the grounds upon which such person claims in- ance with the provisions of § 2429.1(a) of this volvement. subchapter; or General Counsel’s written statements, shall § 2423.16 [Reserved] (6) Withdraw a complaint. be submitted to the Executive Director for approval. The Executive Director may ap- § 2423.17 [Reserved] § 2423.10 Determination not to file complaint. prove or disapprove any settlement agree- § 2423.18 Burden of proof before the hearing of- (a) If the General Counsel determines that ment. ficer. the charge has not been timely filed, that (3) After the filing of a complaint, if the The General Counsel shall have the respon- the charge fails to state an unfair labor prac- General Counsel concludes that it will effec- sibility of presenting the evidence in support October 1, 1996 CONGRESSIONAL RECORD — SENATE S12071 of the complaint and shall have the burden pay specification, the hearing procedures date of the receipt by any employing office of proving the allegations of the complaint provided in the Procedural Rules of the Of- bargaining representative at the negotia- by a preponderance of the evidence. fice shall be followed insofar as applicable. tions of a written request for such allega- 2423.19 Duties and powers of the Hearing Offi- Part 2424—Expedited Review of Negotiability tion. cer. Issues § 2424.4 Content of petition; service. It shall be the duty of the Hearing Officer Subpart A—Instituting an Appeal (a) A petition for review shall be dated and shall contain the following: to inquire fully into the facts as they relate Sec. to the matter before such Hearing Officer, (1) A statement setting forth the express 2424.1 Conditions governing review. language of the proposal sought to be nego- subject to the rules and regulations of the 2424.2 Who may file a petition. Office and the Board. tiated as submitted to the employing office 2424.3 Time limits for filing. (2) An explicit statement of the meaning § 2423.20 [Reserved] 2424.4 Content of petition; service. attributed to the proposal by the exclusive § 2423.21 [Reserved] 2424.5 Selection of the unfair labor practice representative including: § 2423.22 [Reserved] procedure or the negotiability procedure. (i) Explanation of terms of art, acronyms, § 2423.23 [Reserved] 2424.6 Position of the employing office; time technical language, or any other aspect of § 2423.24 [Reserved] limits for filing; service. the language of the proposal which is not in § 2423.25 [Reserved] 2424.7 Response of the exclusive representa- common usage; and § 2423.26 Hearing officer decisions; entry in tive; time limits for filing; service. (ii) Where the proposal is concerned with a records of the office. 2424.8 Additional submissions to the Board. particular work situation, or other particu- In accordance with the Procedural Rules of 2424.9 Hearing. lar circumstances, a description of the situa- the Office, the Hearing Officer shall issue a 2424.10 Board decision and order; compli- tion or circumstances which will enable the written decision and that decision will be en- ance. Board to understand the context in which tered into the records of the Office. Subpart B—Criteria for Determining Compelling the proposal is intended to apply; (3) A copy of all pertinent material, includ- § 2423.27 Appeal to the Board. Need for Employing Office Rules and Regula- ing the employing office’s allegation in writ- tions An aggrieved party may seek review of a ing that the matter, as proposed, is not with- decision and order of the Hearing Officer in 2424.11 Illustrative criteria. in the duty to bargain in good faith, and accordance with the Procedural Rules of the SUBPART A—INSTITUTING AN APPEAL other relevant documentary material; and Office. § 2424.1 Conditions governing review. (4) Notification by the petitioning labor or- ganization whether the negotiability issue is § 2423.28 [Reserved] The Board will consider a negotiability also involved in an unfair labor practice §2423.29 Action by the Board. issue under the conditions prescribed by 5 (a) If an appeal is filed, the Board shall re- charge filed by such labor organization under U.S.C. 7117 (b) and (c), as applied by the CAA, part 2423 of this subchapter and pending be- view the decision of the Hearing Officer in namely: If an employing office involved in accordance with section 406 of the CAA, and fore the General Counsel. collective bargaining with an exclusive rep- (b) A copy of the petition including all at- the Procedural Rules of the Office. resentative alleges that the duty to bargain tachments thereto shall be served on the em- (b) Upon finding a violation, the Board in good faith does not extend to any matter ploying office head and on the principal em- shall issue an order: proposed to be bargained because, as pro- ploying office bargaining representative at (1) To cease and desist from any such un- posed, the matter is inconsistent with law, the negotiations. fair labor practice in which the employing rule or regulation, the exclusive representa- (c)(1) Filing an incomplete petition for re- office or labor organization is engaged; tive may appeal the allegation to the Board view will result in the exclusive representa- (2) Requiring the parties to renegotiate a when— tive being asked to provide the missing or in- collective bargaining agreement in accord- (a) It disagrees with the employing office’s complete information. Noncompliance with a ance with the order of the Board and requir- allegation that the matter as proposed to be request to complete the record may result in ing that the agreement, as amended, be bargained is inconsistent with any Federal dismissal of the petition. given retroactive effect; law or any Government-wide rule or regula- (2) The processing priority accorded to an (3) Requiring reinstatement of an em- tion; or incomplete petition, relative to other pend- ployee with backpay in accordance with 5 (b) It alleges, with regard to any employ- ing negotiability appeals, will be based upon U.S.C. 5596; or ing office rule or regulation asserted by the the date when the petition is completed—not (4) Including any combination of the ac- employing office as a bar to negotiations on the date it was originally filed. tions described in paragraphs (1) through (3) the matter, as proposed, that: § 2424.5 Selection of the unfair labor practice of this paragraph (b), or such other action as (1) The rule or regulation violates applica- procedure or the negotiability procedure. will carry out the purpose of the chapter 71, ble law, or rule or regulation of appropriate Where a labor organization files an unfair as applied by the CAA. authority outside the employing office; labor practice charge pursuant to part 2423 of (c) Upon finding no violation, the Board (2) The rule or regulation was not issued by this subchapter which involves a negotiabil- shall dismiss the complaint. the employing office or by any primary na- ity issue, and the labor organization also § 2423.30 Compliance with decisions and orders tional subdivision of the employing office, or files pursuant to this part a petition for re- of the Board. otherwise is not applicable to bar negotia- view of the same negotiability issue, the When remedial action is ordered, the re- tions with the exclusive representative, Board and the General Counsel ordinarily spondent shall report to the Office within a under 5 U.S.C. 7117(a)(3), as applied by the will not process the unfair labor practice specified period that the required remedial CAA; or charge and the petition for review simulta- action has been effected. When the General (3) No compelling need exists for the rule neously. Under such circumstances, the Counsel or the Executive Director finds that or regulation to bar negotiations on the mat- labor organization must select under which the required remedial action has not been ef- ter, as proposed, because the rule or regula- procedure to proceed. Upon selection of one fected, the General Counsel or the Executive tion does not meet the criteria established in procedure, further action under the other Director shall take such action as may be subpart B of this part. procedure will ordinarily be suspended. Such appropriate, including referral to the Board § 2424.2 Who may file a petition. selection must be made regardless of wheth- er the unfair labor practice charge or the pe- for enforcement. A petition for review of a negotiability tition for review of a negotiability issue is issue may be filed by an exclusive represent- § 2423.31 Backpay proceedings. filed first. Notification of this selection must ative which is a party to the negotiations. After the entry of a Board order directing be made in writing at the time that both payment of backpay, or the entry of a court § 2424.3 Time limits for filing. procedures have been invoked, and must be decree enforcing such order, if it appears to The time limit for filing a petition for re- served on the Board, the General Counsel the General Counsel that a controversy ex- view is fifteen (15) days after the date the and all parties to both the unfair labor prac- ists which cannot be resolved without a for- employing office’s allegation that the duty tice case and the negotiability case. Cases mal proceeding, the General Counsel may to bargain in good faith does not extend to which solely involve an employing office’s issue and serve on all parties a backpay spec- the matter proposed to be bargained is allegation that the duty to bargain in good ification accompanied by a request for hear- served on the exclusive representative. The faith does not extend to the matter proposed ing or a request for hearing without a speci- exclusive representative shall request such to be bargained and which do not involve ac- fication. Upon receipt of the request for allegation in writing and the employing of- tual or contemplated changes in conditions hearing, the Executive Director will appoint fice shall make the allegation in writing and of employment may only be filed under this an independent Hearing Officer. The respond- serve a copy on the exclusive representative: part. ent shall, within twenty (20) days after the provided, however, that review of a nego- § 2424.6 Position of the employing office; time service of a backpay specification, file an an- tiability issue may be requested by an exclu- limits for filing; service. swer thereto in accordance with the Office’s sive representative under this subpart with- (a) Within thirty (30) days after the date of Procedural Rules. No answer need be filed by out a prior written allegation by the employ- the receipt by the head of an employing of- the respondent to a notice of hearing issued ing office if the employing office has not fice of a copy of a petition for review of a ne- without a specification. After the issuance of served such allegation upon the exclusive gotiability issue the employing office shall a notice of hearing, with or without a back- representative within ten (10) days after the file a statement— S12072 CONGRESSIONAL RECORD — SENATE October 1, 1996 (1) Withdrawing the allegation that the CAA. If a hearing is held, it shall be expe- § 2425.2 Content of exception. duty to bargain in good faith does not extend dited to the extent practicable and shall not An exception must be a dated, self-con- to the matter proposed to be negotiated; or include the General Counsel as a party. tained document which sets forth in full: (2) Setting forth in full its position on any § 2424.10 Board decision and order; compliance. (a) A statement of the grounds on which matters relevant to the petition which it (a) Subject to the requirements of this sub- review is requested; wishes the Board to consider in reaching its part the Board shall expedite proceedings (b) Evidence or rulings bearing on the is- decision, including a full and detailed state- under this part to the extent practicable and sues before the Board; ment of its reasons supporting the allega- shall issue to the exclusive representative (c) Arguments in support of the stated tion. The statement shall cite the section of and to the employing office a written deci- grounds, together with specific reference to any law, rule or regulation relied upon as a sion on the allegation and specific reasons the pertinent documents and citations of au- basis for the allegation and shall contain a therefor at the earliest practicable date. thorities; and copy of any internal employing office rule or (d) A legible copy of the award of the arbi- (b) If the Board finds that the duty to bar- regulation so relied upon. The statement trator and legible copies of other pertinent gain extends to the matter proposed to be shall include: documents; and bargained, the decision of the Board shall in- (i) Explanation of the meaning the employ- (e) The name and address of the arbitrator. clude an order that the employing office ing office attributes to the proposal as a shall upon request (or as otherwise agreed to § 2425.3 Grounds for review. whole, including any terms of art, acronyms, by the parties) bargain concerning such mat- The Board will review an arbitrator’s technical language or any other aspect of the ter. If the Board finds that the duty to bar- award to which an exception has been filed language of the proposal which is not in gain does not extend to the matter proposed to determine if the award is deficient— common usage; and (a) Because it is contrary to any law, rule (ii) Description of a particular work situa- to be negotiated, the Board shall so state or regulation; or tion, or other particular circumstance the and issue an order dismissing the petition for (b) On other grounds similar to those ap- employing office views the proposal to con- review of the negotiability issue. If the plied by Federal courts in private sector cern, which will enable the Board to under- Board finds that the duty to bargain extends labor-management relations. stand the context in which the proposal is to the matter proposed to be bargained only considered to apply by the employing office. at the election of the employing office, the § 2425.4 Board decision. (b) A copy of the employing office’s state- Board shall so state and issue an order dis- The Board shall issue its decision and ment of position, including all attachments missing the petition for review of the nego- order taking such action and making such thereto shall be served on the exclusive rep- tiability issue. recommendations concerning the award as it resentative. (c) When an order is issued as provided in considers necessary, consistent with applica- paragraph (b) of this section, the employing ble laws, rules, or regulations. § 2424.7 Response of the exclusive representative; office or exclusive representative shall re- Part 2426—National Consultation Rights and time limits for filing; service. port to the Executive Director within a spec- Consultation Rights on Government-Wide (a) Within fifteen (15) days after the date of ified period failure to comply with an order Rules or Regulations the receipt by an exclusive representative of that the employing office shall upon request a copy of an employing office’s statement of (or as otherwise agreed to by the parties) Subpart A—National Consultation Rights position the exclusive representative shall bargain concerning the disputed matter. Sec. file a full and detailed response stating its SUBPART B CRITERIA FOR DETERMINING COM- 2426.1 Requesting; granting; criteria. position and reasons for: PELLING NEED FOR EMPLOYING OFFICE RULES 2426.2 Requests; petition and procedures for (1) Disagreeing with the employing office’s AND REGULATIONS determination of eligibility for national allegation that the matter, as proposed to be consultation rights. § 2424.11—Illustrative criteria. negotiated, is inconsistent with any Federal 2426.3 Obligation to consult. A compelling need exists for an employing law or Government-wide rule or regulation; Subpart B—Consultation Rights on office rule or regulation concerning any con- or Government-wide Rules or Regulations (2) Alleging that the employing office’s dition of employment when the employing rules or regulations violate applicable law, office demonstrates that the rule or regula- 2426.11 Requesting; granting; criteria. or rule or regulation or appropriate author- tion meets one or more of the following illus- 2426.12 Requests; petition and procedures ity outside the employing office; that the trative criteria: for determination of eligibility for con- rules or regulations were not issued by the (a) The rule or regulation is essential, as sultation rights on Government-wide employing office or by any primary national distinguished from helpful or desirable, to rules or regulations. subdivision of the employing office, or other- the accomplishment of the mission or the 2426.13 Obligation to consult. wise are not applicable to bar negotiations execution of functions of the employing of- SUBPART A—NATIONAL CONSULTATION RIGHTS under 5 U.S.C. 7117(a)(3), as applied by the fice or primary national subdivision in a § 2426.1 Requesting; granting; criteria. CAA; or that no compelling need exists for manner which is consistent with the require- (a) An employing office shall accord na- the rules or regulations to bar negotiations. ments of an effective and efficient govern- tional consultation rights to a labor organi- (b) The response shall cite the particular ment. zation that: section of any law, rule or regulation alleged (b) The rule or regulation is necessary to (1) Requests national consultation rights to be violated by the employing office’s rules insure the maintenance of basic merit prin- at the employing office level; and or regulations; or shall explain the grounds ciples. (2) Holds exclusive recognition for ten per- for contending the employing office rules or (c) The rule or regulation implements a cent (10%) or more of the total number of regulations are not applicable to bar nego- mandate to the employing office or primary personnel employed by the employing office. tiations under 5 U.S.C. 7117(a)(3), as applied national subdivision under law or other out- (b) An employing office’s primary national by the CAA, or fail to meet the criteria es- side authority, which implementation is es- subdivision which has authority to formu- tablished in subpart B of this part, or were sentially nondiscretionary in nature. late conditions of employment shall accord not issued at the employing office head- Part 2425—Review of Arbitration Awards national consultation rights to a labor orga- quarters level or at the level of a primary Sec. nization that: national subdivision. 2425.1 Who may file an exception; time lim- (1) Requests national consultation rights (c) A copy of the response of the exclusive its for filing; opposition; service. at the primary national subdivision level; representative including all attachments 2425.2 Content of exception. and thereto shall be served on the employing of- 2425.3 Grounds for review. (2) Holds exclusive recognition for ten per- fice head and on the employing office’s rep- 2425.4 Board decision. cent (10%) or more of the total number of resentative of record in the proceeding be- personnel employed by the primary national fore the Board. § 2425.1 Who may file an exception; time limits subdivision. for filing; opposition; service. § 2424.8 Additional submissions to the board. (c) In determining whether a labor organi- (a) Either party to arbitration under the The Board will not consider any submis- zation meets the requirements as prescribed provisions of chapter 71 of title 5 of the Unit- sion filed by any party, whether supple- in paragraphs (a)(2) and (b)(2) of this section, ed States Code, as applied by the CAA, may mental or responsive in nature, other than the following will not be counted: file an exception to an arbitrator’s award (1) At the employing office level, employ- those authorized under § 2424.2 through 2424.7 rendered pursuant to the arbitration. ees represented by the labor organization unless such submission is requested by the (b) The time limit for filing an exception under national exclusive recognition granted Board; or unless, upon written request by to an arbitration award is thirty (30) days be- at the employing office level. any party, a copy of which is served on all ginning on the date the award is served on (2) At the primary national subdivision other parties, the Board in its discretion the filing party. level, employees represented by the labor or- grants permission to file such submission. (c) An opposition to the exception may be ganization under national exclusive recogni- § 2424.9 Hearing. filed by a party within thirty (30) days after tion granted at the agency level or at that A hearing may be held, in the discretion of the date of service of the exception. primary national subdivision level. the Board, before a determination is made (d) A copy of the exception and any opposi- (d) An employing office or a primary na- under 5 U.S.C. 7117(b) or (c), as applied by the tion shall be served on the other party. tional subdivision of an employing office October 1, 1996 CONGRESSIONAL RECORD — SENATE S12073 shall not grant national consultation rights (iv) A petition shall be filed within thirty (2) Provide the labor organization a writ- to any labor organization that does not meet (30) days after the service of written notice ten statement of the reasons for taking the the criteria prescribed in paragraphs (a), (b) by the employing office or primary national final action. and (c) of this section. subdivision of its refusal to accord national (c) Nothing in this subpart shall be con- § 2426.2 Requests; petition and procedures for consultation rights pursuant to a request strued to limit the right of any employing determination of eligibility for national con- under § 2426.2(a) or its intention to terminate office or exclusive representative to engage sultation rights. existing national consultation rights. If an in collective bargaining. employing office or primary national sub- (a) Requests by labor organizations for na- SUBPART B—CONSULTATION RIGHTS ON division fails to respond in writing to a re- tional consultation rights shall be submitted GOVERNMENT-WIDE RULES OR REGULATIONS in writing to the headquarters of the em- quest for national consultation rights made § 2426.11 Requesting; granting; criteria. ploying office or the employing office’s pri- under § 2426.2(a) within fifteen (15) days after mary national subdivision, as appropriate, the date the request is served on the employ- (a) An employing office shall accord con- which headquarters shall have fifteen (15) ing office or primary national subdivision, a sultation rights on Government-wide rules days from the date of service of such request petition shall be filed within thirty (30) days or regulations to a labor organization that: to respond thereto in writing. after the expiration of such fifteen (15) day (1) Requests consultation rights on Gov- (b) Issues relating to a labor organization’s period. ernment-wide rules or regulations from an eligibility for, or continuation of, national (v) If an employing office or primary na- employing office; and consultation rights shall be referred to the tional subdivision wishes to terminate na- (2) Holds exclusive recognition for 350 or Board for determination as follows: tional consultation rights, notice of its in- more covered employees within the legisla- (1) A petition for determination of the eli- tention to do so shall include a statement of tive branch. its reasons and shall be served not less than gibility of a labor organization for national (b) An employing office shall not grant thirty (30) days prior to the intended termi- consultation rights under criteria set forth consultation rights on Government-wide nation date. A labor organization, after re- in § 2426.1 may be filed by a labor organiza- rules or regulations to any labor organiza- ceiving such notice, may file a petition with- tion. tion that does not meet the criteria pre- in the time period prescribed herein, and (2) A petition for determination of eligi- scribed in paragraph (a) of this section. bility for national consultation rights shall thereby cause to be stayed further action by be submitted on a form prescribed by the the employing office or primary national § 2426.12 Requests; petition and procedures for Board and shall set forth the following infor- subdivision pending disposition of the peti- determination of eligibility for consultation mation: tion. If no petition has been filed within the rights on Government-wide rules or regula- (i) Name and affiliation, if any, of the peti- provided time period, an employing office or tions. tioner and its address and telephone number; primary national subdivision may terminate (a) Requests by labor organizations for (ii) A statement that the petitioner has national consultation rights. consultation rights on Government-wide submitted to the employing office or the pri- (vi) Within fifteen (15) days after the re- rules or regulations shall be submitted in mary national subdivision and to the Assist- ceipt of a copy of the petition, the employing writing to the headquarters of the employing ant Secretary a roster of its officers and rep- office or primary national subdivision shall office, which headquarters shall have fifteen resentatives, a copy of its constitution and file a response thereto with the Executive (15) days from the date of service of such re- bylaws, and a statement of its objectives; Director raising any matter which is rel- quest to respond thereto in writing. (iii) A declaration by the person signing evant to the petition. (b) Issues relating to a labor organization’s the petition, under the penalties of the (vii) The Executive Director, on behalf of eligibility for, or continuation of, consulta- Criminal Code (18 U.S.C. 1001), that its con- the Board, shall make such investigations as tion rights on Government-wide rules or reg- tents are true and correct to the best of such the Executive Director deems necessary and ulations shall be referred to the Board for de- person’s knowledge and belief; thereafter shall issue and serve on the par- termination as follows: (iv) The signature of the petitioner’s rep- ties a determination with respect to the eli- (1) A petition for determination of the eli- resentative, including such person’s title and gibility for national consultation rights gibility of a labor organization for consulta- telephone number; which shall be final: provided, however, that tion rights under criteria set forth in § 2426.11 (v) The name, address, and telephone num- an application for review of the Executive may be filed by a labor organization. ber of the employing office or primary na- Director’s determination may be filed with (2) A petition for determination of eligi- tional subdivision in which the petitioner the Board in accordance with the procedure bility for consultation rights shall be sub- seeks to obtain or retain national consulta- set forth in § 2422.31 of this subchapter. A de- mitted on a form prescribed by the Board tion rights, and the persons to contact and termination by the Executive Director to and shall set forth the following informa- their titles, if known; issue a notice of hearing shall not be subject tion: (vi) A showing that petitioner holds ade- to the filing of an application for review. On quate exclusive recognition as required by behalf of the Board, the Executive Director, (i) Name and affiliation, if any, of the peti- § 2426.1; and if appropriate, may cause a notice of hearing tioner and its address and telephone number; (vii) A statement as appropriate: to be issued to all interested parties where (ii) A statement that the petitioner has (A) That such showing has been made to substantial factual issues exist warranting submitted to the employing office and to the and rejected by the employing office or pri- an investigatory hearing. Investigatory Assistant Secretary a roster of its officers mary national subdivision, together with a hearings shall be conducted by the Executive and representatives, a copy of its constitu- statement of the reasons for rejection, if Director or her designee in accordance with tion and bylaws, and a statement of its ob- any, offered by that employing office or pri- § 2422.17 through 2422.22 of this subchapter jectives; mary national subdivision; and after the close of the investigatory hear- (iii) A declaration by the person signing (B) That the employing office or primary ing a Decision and Order shall be issued by the petition, under the penalties of the national subdivision has served notice of its the Board in accordance with § 2422.30 of this Criminal Code (18 U.S.C. 1001), that its con- intent to terminate existing national con- subchapter. tents are true and correct to the best of such sultation rights, together with a statement § 2426.3 Obligation to consult. person’s knowledge and belief; of the reasons for termination; or (iv) The signature of the petitioner’s rep- (a) When a labor organization has been ac- (C) That the employing office or primary resentative, including such person’s title and corded national consultation rights, the em- national subdivision has failed to respond in telephone number; ploying office or the primary national sub- writing to a request for national consulta- (v) The name, address, and telephone num- division which has granted those rights tion rights made under § 2426.2(a) within fif- ber of the employing office in which the peti- shall, through appropriate officials, furnish teen (15) days after the date the request is tioner seeks to obtain or retain consultation designated representatives of the labor orga- served on the employing office or primary rights on Government-wide rules or regula- nization: national subdivision. tions, and the persons to contact and their (3) The following regulations govern peti- (1) Reasonable notice of any proposed sub- titles, if known; tions filed under this section: stantive change in conditions of employ- (i) A petition for determination of eligi- ment; and (vi) A showing that petitioner meets the bility for national consultation rights shall (2) Reasonable time to present its views criteria as required by § 2426.11; and be filed with the Executive Director. and recommendations regarding the change. (vii) A statement, as appropriate: (ii) An original and four (4) copies of a peti- (b) If a labor organization presents any (A) That such showing has been made to tion shall be filed, together with a statement views or recommendations regarding any and rejected by the employing office, to- of any other relevant facts and of all cor- proposed substantive change in conditions of gether with a statement of the reasons for respondence. employment to an employing office or a pri- rejection, if any, offered by that employing (iii) Copies of the petition together with mary national subdivision, that employing office; the attachments referred to in paragraph office or primary national subdivision shall: (B) That the employing office has served (b)(3)(ii) of this section shall be served by the (1) Consider the views or recommendations notice of its intent to terminate existing petitioner on all known interested parties, before taking final action on any matter consultation rights on Government-wide and a written statement of such service shall with respect to which the views or rec- rules or regulations, together with a state- be filed with the Executive Director. ommendations are presented; and ment of the reasons for termination; or S12074 CONGRESSIONAL RECORD — SENATE October 1, 1996 (C) That the employing office has failed to ignated representatives of the labor organi- § 2427.5 Standards governing issuance of general respond in writing to a request for consulta- zation: statements of policy or guidance. tion rights on Government-wide rules or reg- (1) Reasonable notice of any proposed Gov- In deciding whether to issue a general ulations made under § 2426.12(a) within fif- ernment-wide rule or regulation issued by statement of policy or guidance, the Board teen (15) days after the date the request is the employing office affecting any sub- shall consider: served on the employing office. stantive change in any condition of employ- (a) Whether the question presented can (3) The following regulations govern peti- ment; and more appropriately be resolved by other tions filed under this section: (2) Reasonable time to present its views means; (i) A petition for determination of eligi- and recommendations regarding the change. (b) Where other means are available, bility for consultation rights on Govern- (b) If a labor organization presents any whether a Board statement would prevent ment-wide rules or regulations shall be filed views or recommendations regarding any the proliferation of cases involving the same with the Executive Director. proposed substantive change in any condi- or similar question; (ii) An original and four (4) copies of a peti- tion of employment to an employing office, (c) Whether the resolution of the question tion shall be filed, together with a statement that employing office shall: presented would have general applicability of any other relevant facts and of all cor- (1) Consider the views or recommendations under chapter 71, as applied by the CAA; respondence. before taking final action on any matter (d) Whether the question currently con- (iii) Copies of the petition together with with respect to which the views or rec- fronts parties in the context of a labor-man- the attachments referred to in paragraph ommendations are presented; and agement relationship; (b)(3)(ii) of this section shall be served by the (2) Provide the labor organization a writ- (e) Whether the question is presented joint- petitioner on the employing office, and a ten statement of the reasons for taking the ly by the parties involved; and written statement of such service shall be final action. (f) Whether the issuance by the Board of a filed with the Executive Director. general statement of policy or guidance on (iv) A petition shall be filed within thirty Part 2427—General Statements of Policy or the question would promote constructive and (30) days after the service of written notice Guidance cooperative labor-management relationships by the employing office of its refusal to ac- Sec. in the legislative branch and would other- cord consultation rights on Government- 2427.1 Scope. wise promote the purposes of chapter 71, as wide rules or regulations pursuant to a re- 2427.2 Requests for general statements of applied by the CAA. quest under § 2426.12(a) or its intention to policy or guidance. Part 2428—Enforcement of Assistant Sec- terminate such existing consultation rights. 2427.3 Content of request. retary Standards of Conduct Decisions and If an employing office fails to respond in 2427.4 Submissions from interested parties. Orders writing to a request for consultation rights 2427.5 Standards governing issuance of gen- Sec. on Government-wide rules or regulations eral statements of policy or guidance. 2428.1 Scope. made under § 2426.12(a) within fifteen (15) § 2427.1 Scope. 2428.2 Petitions for enforcement. days after the date the request is served on This part sets forth procedures under 2428.3 Board decision. the employing office, a petition shall be filed which requests may be submitted to the § 2428.1 Scope. within thirty (30) days after the expiration of Board seeking the issuance of general state- This part sets forth procedures under such fifteen (15) day period. ments of policy or guidance under 5 U.S.C. (v) If an employing office wishes to termi- which the Board, pursuant to 5 U.S.C. 7105(a)(1), as applied by the CAA. nate consultation rights on Government- 7105(a)(2)(I), as applied by the CAA, will en- wide rules or regulations, notice of its inten- § 2427.2 Requests for general statements of policy force decisions and orders of the Assistant tion to do so shall be served not less than or guidance. Secretary in standards of conduct matters thirty (30) days prior to the intended termi- (a) The head of an employing office (or des- arising under 5 U.S.C. 7120, as applied by the nation date. A labor organization, after re- ignee), the national president of a labor or- CAA. ceiving such notice, may file a petition with- ganization (or designee), or the president of § 2428.2 Petitions for enforcement. in the time period prescribed herein, and a labor organization not affiliated with a na- (a) The Assistant Secretary may petition thereby cause to be stayed further action by tional organization (or designee) may sepa- the Board to enforce any Assistant Secretary the employing office pending disposition of rately or jointly ask the Board for a general decision and order in a standards of conduct the petition. If no petition has been filed statement of policy or guidance. The head of case arising under 5 U.S.C. 7120, as applied by within the provided time period, an employ- any lawful association not qualified as a the CAA. The Assistant Secretary shall ing office may terminate such consultation labor organization may also ask the Board transfer to the Board the record in the case, rights. for such a statement provided the request is including a copy of the transcript if any, ex- (vi) Within fifteen (15) days after the re- not in conflict with the provisions of chapter hibits, briefs, and other documents filed with ceipt of a copy of the petition, the employing 71 of title 5 of the United States Code, as ap- the Assistant Secretary. A copy of the peti- office shall file a response thereto with the plied by the CAA, or other law. tion for enforcement shall be served on the Executive Director raising any matter which (b) The Board ordinarily will not consider labor organization against which such order is relevant to the petition. a request related to any matter pending be- applies. (vii) The Executive Director, on behalf of fore the Board or General Counsel. (b) An opposition to Board enforcement of the Board, shall make such investigation as § 2427.3 Content of request. any such Assistant Secretary decision and the Executive Director deems necessary and (a) A request for a general statement of order may be filed by the labor organization thereafter shall issue and serve on the par- against which such order applies twenty (20) ties a determination with respect to the eli- policy or guidance shall be in writing and must contain: days from the date of service of the petition, gibility for consultation rights which shall unless the Board, upon good cause shown by be final: Provided, however, That an applica- (1) A concise statement of the question with respect to which a general statement of the Assistant Secretary, sets a shorter time tion for review of the Executive Director’s for filing such opposition. A copy of the op- determination may be filed with the Board policy or guidance is requested together with background information necessary to an un- position to enforcement shall be served on in accordance with the procedure set forth in the Assistant Secretary. § 2422.31 of this subchapter. A determination derstanding of the question; by the Executive Director to issue a notice (2) A statement of the standards under § 2428.3 Board decision. of investigatory hearing shall not be subject § 2427.5 upon which the request is based; The Board shall issue its decision on the to the filing of an application for review. On (3) A full and detailed statement of the po- case enforcing, enforcing as modified, or re- behalf of the Board, the Executive Director, sition or positions of the requesting party or fusing to enforce, the decision and order of if appropriate, may cause a notice of inves- parties; the Assistant Secretary. tigatory hearing to be issued where substan- (4) Identification of any cases or other pro- Part 2429—Miscellaneous and General tial factual issues exist warranting a hear- ceedings known to bear on the question Requirements ing. Investigatory hearings shall be con- which are pending under the CAA; and Subpart A—Miscellaneous ducted by the Executive Director or her des- (5) Identification of other known interested Sec. ignee in accordance with § 2422.17 through parties. 2429.1 Transfer of cases to the Board. 2422.22 of this chapter and after the close of (b) A copy of each document also shall be 2429.2 [Reserved] the investigatory hearing a Decision and served on all known interested parties, in- 2429.3 Transfer of record. Order shall be issued by the Board in accord- cluding the General Counsel, where appro- 2429.4 Referral of policy questions to the ance with § 2422.30 of this subchapter. priate. Board. § 2426.13 Obligation to consult. § 2427.4 Submissions from interested parties. 2429.5 Matters not previously presented; of- (a) When a labor organization has been ac- Prior to issuance of a general statement of ficial notice. corded consultation rights on Government- policy or guidance the Board, as it deems ap- 2429.6 Oral argument. wide rules or regulations, the employing of- propriate, will afford an opportunity to in- 2429.7 [Reserved] fice which has granted those rights shall, terested parties to express their views orally 2429.8 [Reserved] through appropriate officials, furnish des- or in writing. 2429.9 [Reserved] October 1, 1996 CONGRESSIONAL RECORD — SENATE S12075 2429.10 Advisory opinions. under section 220 of the CAA, including the any manner other than that described in this 2429.11 [Reserved] investigation of unfair labor practice subchapter. 2429.12 [Reserved] charges and representation petitions and the (d) Time limits established in 5 U.S.C. 2429.13 Official time. participation in hearings and representation 7105(f), 7117(c)(2) and 7122(b), as applied by 2429.14 Witness fees. elections, is deemed necessary by the Board, the CAA, may not be extended or waived 2429.15 Board requests for advisory opin- the Executive Director, the General Counsel, under this section. ions. any Hearing Officer, or other agent of the § 2429.24 [Reserved] 2429.16 General remedial authority. Board designated by the Board, such em- § 2429.25 [Reserved] 2429.17 [Reserved] ployee shall be granted official time for such § 2429.26 [Reserved] 2429.18 [Reserved] participation, including necessary travel § 2429.27 [Reserved] Subpart B—General Requirements time, as occurs during the employee’s regu- § 2429.28 Petitions for amendment of regulations. 2429.21 [Reserved] lar work hours and when the employee would Any interested person may petition the 2429.22 [Reserved] otherwise be in a work or paid leave status. Board in writing for amendments to any por- 2429.23 Extension; waiver. § 2429.14 Witness fees. tion of these regulations. Such petition shall identify the portion of the regulations in- 2429.24 [Reserved] (a) Witnesses (whether appearing volun- volved and provide the specific language of 2429.25 [Reserved] tarily, or under a subpena) shall be paid the the proposed amendment together with a 2429.26 [Reserved] fee and mileage allowances which are paid statement of grounds in support of such peti- 2429.27 [Reserved] subpenaed witnesses in the courts of the tion. 2429.28 Petitions for amendment of regula- United States: Provided, that any witness tions. who is employed by the Federal Government SUBCHAPTER D—IMPASSES SUBPART A—MISCELLANEOUS shall not be entitled to receive witness fees Part 2470—General § 2429.1 Transfer of cases to the board. in addition to compensation received pursu- Subpart A—Purpose In any unfair labor practice case under ant to § 2429.13. Sec. part 2423 of this subchapter in which, after (b) Witness fees and mileage allowances 2470.1 Purpose. shall be paid by the party at whose instance the filing of a complaint, the parties stipu- Subpart B—Definitions the witnesses appear, except when the wit- late that no material issue of fact exists, the 2470.2 Definitions. Executive Director may, upon agreement of ness receives compensation pursuant to SUBPART A—PURPOSE all parties, transfer the case to the Board; § 2429.13. and the Board may decide the case on the § 2429.15 Board requests for advisory opinions. § 2470.1 Purpose. basis of the formal documents alone. Briefs (a) Whenever the Board, pursuant to 5 The regulations contained in this sub- in the case must be filed with the Board U.S.C. 7105(i), as applied by the CAA, re- chapter are intended to implement the provi- within thirty (30) days from the date of the quests an advisory opinion from the Director sions of section 7119 of title 5 of the United Executive Director’s order transferring the of the Office of Personnel Management con- States Code, as applied by the CAA. They case to the Board. The Board may also re- cerning the proper interpretation of rules, prescribe procedures and methods which the mand any such case to the Executive Direc- regulations, or policy directives issued by Board may utilize in the resolution of nego- tor for further processing. Orders of transfer that Office in connection with any matter tiation impasses when voluntary arrange- and remand shall be served on all parties. before the Board, a copy of such request, and ments, including the services of the Federal § 2429.2 [Reserved] any response thereto, shall be served upon Mediation and Conciliation Service or any § 2429.3 Transfer of record. the parties in the matter. other third-party mediation, fail to resolve In any case under part 2425 of this sub- (b) The parties shall have fifteen (15) days the disputes. chapter, upon request by the Board, the par- from the date of service of a copy of the re- SUBPART B—DEFINITIONS ties jointly shall transfer the record in the sponse of the Office of Personnel Manage- § 2470.2 Definitions. case, including a copy of the transcript, if ment to file with the Board comments on (a) The terms Executive Director, employing any, exhibits, briefs and other documents that response which the parties wish the office, labor organization, and conditions of em- filed with the arbitrator, to the Board. Board to consider before reaching a decision ployment as used herein shall have the mean- § 2429.4 Referral of policy questions to the board. in the matter. Such comments shall be in ing set forth in Part 2421 of these rules. writing and copies shall be served upon the Notwithstanding the procedures set forth (b) The terms designated representative or other parties in the matter and upon the Of- in this subchapter, the General Counsel, or designee of the Board means a Board member, fice of Personnel Management. the Assistant Secretary, may refer for re- a staff member, or other individual des- view and decision or general ruling by the § 2429.16 General remedial authority. ignated by the Board to act on its behalf. Board any case involving a major policy The Board shall take any actions which (c) The term hearing means a factfinding issue that arises in a proceeding before any are necessary and appropriate to administer hearing, arbitration hearing, or any other of them. Any such referral shall be in writ- effectively the provisions of chapter 71 of hearing procedure deemed necessary to ac- ing and a copy of such referral shall be title 5 of the United States Code, as applied complish the purposes of 5 U.S.C. 7119, as ap- served on all parties to the proceeding. Be- by the CAA. plied by the CAA. fore decision or general ruling, the Board (d) The term impasse means that point in § 2429.17 [Reserved] the negotiation of conditions of employment shall obtain the views of the parties and § 2429.18 [Reserved] other interested persons, orally or in writ- at which the parties are unable to reach SUBPART B—GENERAL REQUIREMENTS ing, as it deems necessary and appropriate. agreement, notwithstanding their efforts to The Board may decline a referral. § 2429.21 [Reserved] do so by direct negotiations and by the use § 2429.22 [Reserved] of mediation or other voluntary arrange- § 2429.5 Matters not previously presented; offi- § 2429.23 Extension; waiver. ments for settlement. cial notice. (a) Except as provided in paragraph (d) of (e) The term Board means the Board of Di- The Board will not consider evidence of- this section, the Board or General Counsel, rectors of the Office of Compliance. fered by a party, or any issue, which was not or their designated representatives, as appro- (f) The term party means the agency or the presented in the proceedings before the Exec- priate, may extend any time limit provided labor organization participating in the nego- utive Director, Hearing Officer, or arbitra- in this subchapter for good cause shown, and tiation of conditions of employment. tor. The Board may, however, take official (g) The term voluntary arrangements means shall notify the parties of any such exten- notice of such matters as would be proper. any method adopted by the parties for the sion. Requests for extensions of time shall be purpose of assisting them in their resolution § 2429.6 Oral argument. in writing and received by the appropriate of a negotiation dispute which is not incon- The Board or the General Counsel, in their official not later than five (5) days before the sistent with the provisions of 5 U.S.C. 7119, discretion, may request or permit oral argu- established time limit for filing, shall state as applied by the CAA. ment in any matter arising under this sub- the position of the other parties on the re- chapter under such circumstances and condi- quest for extension, and shall be served on Part 2471—Procedures of the Board in tions as they deem appropriate. the other parties. Impasse Proceedings § 2429.7 [Reserved] (b) Except as provided in paragraph (d) of Sec. § 2429.8 [Reserved] this section, the Board or General Counsel, 2471.1 Request for Board consideration; re- §2429.9 [Reserved] or their designated representatives, as appro- quest for Board approval of binding arbi- § 2429.10 Advisory opinions. priate, may waive any expired time limit in tration. The Board and the General Counsel will this subchapter in extraordinary cir- 2471.2 Request form. not issue advisory opinions. cumstances. Request for a waiver of time 2471.3 Content of request. § 2429.11 [Reserved] limits shall state the position of the other 2471.4 Where to file. § 2429.12 [Reserved] parties and shall be served on the other par- 2471.5 Copies and service. § 2429.13 Official time. ties. 2471.6 Investigation of request; Board rec- If the participation of any employee in any (c) The time limits established in this sub- ommendation and assistance; approval of phase of any proceeding before the Board chapter may not be extended or waived in binding arbitration. S12076 CONGRESSIONAL RECORD — SENATE October 1, 1996 2471.7 Preliminary hearing procedures. request upon all counsel of record or other (a) Appoint one or more of its designees to 2471.8 Conduct of hearing and prehearing designated representative(s) of parties, upon conduct such hearing; and conference. parties not so represented, and upon any me- (b) Issue and serve upon each of the parties 2471.9 Report and recommendations. diation service which may have been uti- a notice of hearing and a notice of prehear- 2471.10 Duties of each party following re- lized. When the Board acts on a request from ing conference, if any. The notice will state: ceipt of recommendations. the Federal Mediation and Conciliation (1) The names of the parties to the dispute; 2471.11 Final action by the Board. Service or acts on a request from the Execu- (2) the date, time, place, type, and purpose of 2471.12 Inconsistent labor agreement provi- tive Director, it will notify the parties to the the hearing; (3) the date, time, place, and sions. dispute, their counsel of record or designated purpose of the prehearing conference, if any; § 2471.1 Request for board consideration; request representatives, if any, and any mediation (4) the name of the designated representa- for board approval of binding arbitration. service which may have been utilized. A tives appointed by the Board; (5) the issues clean copy capable of being used as an origi- to be resolved; and (6) the method, if any, by If voluntary arrangements, including the nal for purposes such as further reproduction which the hearing shall be recorded. services of the Federal Mediation and Concil- may be submitted for the original. Service iation Services or any other third-party me- § 2471.8 Conduct of hearing and prehearing con- upon such counsel or representative shall ference. diation, fail to resolve a negotiation im- constitute service upon the party, but a copy passe: also shall be transmitted to the party. (a) A designated representative of the (a) Either party, or the parties jointly, (b) Any party submitting a response to or Board, when so appointed to conduct a hear- may request the Board to consider the mat- other document in connection with a request ing, shall have the authority on behalf of the ter by filing a request as hereinafter pro- for Board consideration of an impasse or a Board to: vided; or the Board may, pursuant to 5 U.S.C. request for approval of a binding arbitration (1) Administer oaths, take the testimony 7119(c)(1), as applied by the CAA, undertake procedure shall file an original and one copy or deposition of any person under oath, re- consideration of the matter upon request of with the Board and shall serve a copy of the ceive other evidence, and issue subpoenas; (i) the Federal Mediation and Conciliation document upon all counsel of record or other (2) Conduct the hearing in open, or in Service, or (ii) the Executive Director; or designated representative(s) of parties, or closed session at the discretion of the des- (b) The parties may jointly request the upon parties not so represented. A clean ignated representative for good cause shown; Board to approve any procedure, which they copy capable of being used as an original for (3) Rule on motions and requests for ap- have agreed to adopt, for binding arbitration purposes such as further reproduction may pearance of witnesses and the production of of the negotiation impasse by filing a re- be submitted for the original. Service upon records; quest as hereinafter provided. such counsel or representative shall con- (4) Designate the date on which § 2471.2 Request form. stitute service upon the party, but a copy posthearing briefs, if any, shall be submit- ted; A form has been prepared for use by the also shall be transmitted to the party. (c) A signed and dated statement of service (5) Determine all procedural matters con- parties in filing a request with the Board for shall accompany each document submitted cerning the hearing, including the length of consideration of an impasse or approval of a to the Board. The statement of service shall sessions, conduct of persons in attendance, binding arbitration procedure. Copies are include the names of the parties and persons recesses, continuances, and adjournments; available from the Executive Director, Office served, their addresses, the date of service, and take any other appropriate procedural of Compliance. the nature of the document served, and the action which, in the judgment of the des- § 2471.3 Content of request. manner in which service was made. ignated representative, will promote the pur- (a) A request from a party or parties to the (d) The date of service or date served shall pose and objectives of the hearing. Board for consideration of an impasse must be the day when the matter served is depos- (b) A prehearing conference may be con- be in writing and include the following infor- ited in the U.S. mail or is delivered in per- ducted by the designated representative of mation: son. the Board in order to: (1) Identification of the parties and indi- (e) Unless otherwise provided by the Board (1) Inform the parties of the purpose of the viduals authorized to act on their behalf; or its designated representatives, any docu- hearing and the procedures under which it (2) Statement of issues at impasse and the ment or paper filed with the Board under will take place; summary positions of the initiating party or these rules, together with any enclosure filed (2) Explore the possibilities of obtaining 1 ′′ parties with respect to those issues; and therewith, shall be submitted on 8 ⁄2 11 inch stipulations of fact; (3) Number, length, and dates of negotia- size paper. (3) Clarify the positions of the parties with tion and mediation sessions held, including § 2471.6 Investigation of request; board rec- respect to the issues to be heard; and the nature and extent of all other voluntary ommendation and assistance; approval of (4) Discuss any other relevant matters arrangements utilized. binding arbitration. which will assist the parties in the resolu- (b) A request for approval of a binding arbi- (a) Upon receipt of a request for consider- tion of the dispute. tration procedure must be in writing, jointly ation of an impasse, the Board or its des- § 2471.9 Report and recommendations. filed by the parties, and include the follow- ignee will promptly conduct an investiga- (a) When a report is issued after a hearing ing information about the pending impasse: tion, consulting when necessary with the conducted pursuant to § 2471.7 and 2471.8, it (1) Identification of the parties and indi- parties and with any mediation service uti- normally shall be in writing and, when au- viduals authorized to act on their behalf; lized. After due consideration, the Board thorized by the Board, shall contain rec- (2) Brief description of the impasse includ- shall either: ommendations. ing the issues to be submitted to the arbitra- (1) Decline to assert jurisdiction in the (b) A report of the designated representa- tor; event that it finds that no impasse exists or tive containing recommendations shall be (3) Number, length, and dates of negotia- that there is other good cause for not assert- submitted to the parties, with two (2) copies tion and mediation sessions held, including ing jurisdiction, in whole or in part, and so to the Executive Director, within a period the nature and extent of all other voluntary advise the parties in writing, stating its rea- normally not to exceed thirty (30) calendar arrangements utilized; sons; or days after receipt of the transcript or briefs, (4) Statement that the proposals to be sub- (2) Recommend to the parties procedures, if any. mitted to the arbitrator contain no ques- including but not limited to arbitration, for (c) A report of the designated representa- tions concerning the duty to bargain; and the resolution of the impasse and/or assist tive not containing recommendations shall (5) Statement of the arbitration procedures them in resolving the impasse through what- be submitted to the Board with a copy to to be used, including the type of arbitration, ever methods and procedures the Board con- each party within a period normally not to the method of selecting the arbitrator, and siders appropriate. exceed thirty (30) calendar days after receipt the arrangement for paying for the proceed- (b) Upon receipt of a request for approval of the transcript or briefs, if any. The Board ings or, in the alternative, those provisions of a binding arbitration procedure, the Board shall then take whatever action it may con- of the parties’ labor agreement which con- or its designee will promptly conduct an in- sider appropriate or necessary to resolve the tain this information. vestigation, consulting when necessary with the parties and with any mediation service impasse. § 2471.4 Where to file. utilized. After due consideration, the Board § 2471.10 Duties of each party following receipt Requests to the Board provided for in this shall either approve or disapprove the re- of recommendations. part, and inquiries or correspondence on the quest; provided, however, that when the re- (a) Within thirty (30) calendar days after status of impasses or other related matters, quest is made pursuant to an agreed-upon receipt of a report containing recommenda- should be addressed to the Executive Direc- procedure for arbitration contained in an ap- tions of the Board or its designated rep- tor, Office of Compliance. plicable, previously negotiated agreement, resentative, each party shall, after confer- § 2471.5 Copies and service. the Board may use an expedited procedure ring with the other, either: (a) Any party submitting a request for and promptly approve or disapprove the re- (1) Accept the recommendations and so no- Board consideration of an impasse or a re- quest, normally within five (5) workdays. tify the Executive Director; or quest for approval of a binding arbitration § 2471.7 Preliminary hearing procedures. (2) Reach a settlement of all unresolved is- procedure shall file an original and one copy When the Board determines that a hearing sues and submit a written settlement state- with the Board and shall serve a copy of such is necessary under § 2471.6, it will: ment to the Executive Director; or October 1, 1996 CONGRESSIONAL RECORD — SENATE S12077 (3) Submit a written statement to the Ex- Smith has served this Nation as a man protect, defend and support our men ecutive Director setting forth the reasons for of honor, integrity, and great courage. and women in uniform. His honor and not accepting the recommendations and for It is this leadership which has led our integrity have anchored those who not reaching a settlement of all unresolved forces through many challenges, most have had the privilege of serving with issues. him through both internal turmoil and (b) A reasonable extension of time may be recently in Bosnia. authorized by the Executive Director for On April 4, 1994, Admiral Smith as- international instability. good cause shown when requested in writing sumed command of Allied Forces On his retirement, my wife and I ex- by either party prior to the expiration of the Southern Europe, Commander Joint tend our personal wishes to Admiral time limits. Task Force Provide Promise, and Com- Smith, his wife Dottie and their three § 2471.11 Final action by the board. mander U.S. Naval Forces Europe. children, Leighton III, Page, and Dee (a) If the parties do not arrive at a settle- Twenty eight hours later, under his Dee. ment as a result of or during actions taken command, NATO conducted its first f under § 2471.6(a)(2), 2471.7, 2471.8, 2471.9, and ever air-to-ground combat operations SOME DEPARTING THOUGHTS ON 2471.10, the Board may take whatever action near Gorazde, Bosnia. On numerous oc- OUR NATIONAL DEFENSE AND is necessary and not inconsistent with 5 casions between that April and August, FOREIGN POLICY U.S.C. chapter 71, as applied by the CAA, to 1995, NATO air forces supported the resolve the impasse, including but not lim- U.N. forces in Bosnia with close air Mr. HEFLIN. Mr. President, this is ited to, methods and procedures which the one of a series of general policy speech- support and air strikes. Simulta- Board considers appropriate, such as direct- es I am delivering as my tenure in the neously, as Commander Joint Task ing the parties to accept a factfinder’s rec- Senate draws to a close. I will focus Force Provide Promise, he continued ommendations, ordering binding arbitration here on national defense and foreign conducted according to whatever procedure to oversee airland and airdrop support policy issues—what my priorities have the Board deems suitable, and rendering a to the U.N. refugee program in Bosnia, been as a Senator, where we stand in binding decision. saving thousands of lives. terms of our preparedness, and what (b) In preparation for taking such final ac- As tensions continued to rise in the the future might bring. It is not my in- tion, the Board may hold hearings, admin- fall of 1995, Admiral Smith directed Op- ister oaths, and take the testimony or depo- tent here to be entirely comprehensive, eration Deliberate Force, NATO air op- sition of any person under oath, or it may for that would necessitate far more erations against Bosnian Serb targets. appoint or designate one or more individuals time than we realistically have. In- These successful operations brought pursuant to 5 U.S.C. 7119(c)(4), as applied by stead, what I want to do here is simply the warring parties to the peace ac- the CAA, to exercise such authority on its to look back over my 18 years in the behalf. cords in Dayton that November. Senate and draw upon specific debates, (c) When the exercise of authority under In December 1995, Admiral Smith as- crises, decisions, programs, and legisla- this section requires the holding of a hear- sumed a fourth command hat—Com- tive efforts to reflect upon where we ing, the procedure contained in § 2471.8 shall mander Peace Implementation Forces, were when I came here, where we are apply. NATO’s first ever ground operation en- (d) Notice of any final action of the Board now, and where we might go tomorrow, trusted with implementing the Dayton shall be promptly served upon the parties, after I am again a private citizen. and the action shall be binding on such par- Peace Agreement. The JFOR became First, I wish to emphasize that we as ties during the term of the agreement, unless nearly 60,000 strong from 34 different a nation should be grateful that we they agree otherwise. countries. The mission was to create a face no immediate threat to our bor- § 2471.12 Inconsistent labor agreement provi- militarily secure environment in order ders from foreign military powers. I am sions. to build peace in a country which had particularly proud that I have played Any provisions of the parties’ labor agree- been devastated from three and a half some role in rebuilding our Armed ments relating to impasse resolution which years of war. Forces and military strength during are inconsistent with the provisions of either Prior to Admiral Smith’s most re- the aftermath of the Vietnam war. 5 U.S.C. 7119, as applied by the CAA, or the cent outstanding service, his record This commitment on the part of our procedures of the Board shall be deemed to speaks to the numerous challenging be superseded. Nation contributed substantially to situations he has faced and overcome. the collapse of the old Soviet Union f He was directly involved in operations and its Communist philosophy. In my THE VERY BAD DEBT BOXSCORE in support of our men and women in opinion, it was probably the major rea- Desert Shield/Desert Storm. This in- son. This commitment proved itself Mr. HELMS. Mr. President, at the cluded directing combat operations close of business yesterday, Monday, again during the Persian Gulf war. into Iraq, the evacuation of civilians With my own experiences in World September 30, the Federal debt stood at from Liberia and humanitarian support War II and observations since that $5,224,810,939,135.73. for the Kurdish refugees in northern time, I have felt compelled that we Five years ago, September 30, 1991, Iraq. As the Deputy Chief of Naval Op- must at all times endeavor to obtain the Federal debt stood at erations for Plans, Policy and Oper- lasting peace, and that the primary $3,665,303,000,000. ations, Admiral Smith was a major road to achieving this goal is through Ten years ago, September 30, 1986, contributor to Navy staff reorganiza- military strength. the Federal debt stood at tion and the development of the naval It is often stated on this floor of the $2,125,303,000,000. strategy for the 21st century. U.S. Senate that for the first time in Fifteen years ago, September 30, 1981, Throughout his Naval career, Admi- decades there is no Soviet missile tar- the Federal debt stood at ral Smith has received numerous geted at the United States. In general, $997,855,000,000. awards including two Defense Distin- we are fortunate that our national se- Twenty-five years ago, September 30, guished Service Medals, the Navy Dis- curity and defense policy are no longer 1971, the Federal debt stood at tinguished Service Medals and three focused on a single massive Soviet ad- $412,268,000,000. This reflects an in- Legion of Merits, among others. versary. But, in other ways, our deci- crease of more than $4 trillion— Whether you know him as Leighton, sions are now far more complex, for $4,812,542,939,135.73—during the 25 years Smitty, Snuffy or Snoofoir, the Admi- they must take into account far more from 1971 to 1996. ral is a down-home man of grit and te- players, some of whom may not be f nacity who has committed himself clearly identifiable. Moreover, I believe fully to the duties associated with the United States needs to continue ADM. LEIGHTON W. SMITH, JR., service. While his easy-going humor the development of certain initiatives USN may be disarming, Admiral Smith has originally intended to respond to the Mr. HEFLIN. Mr. President, I rise the tenacity of a pit bull. He will tell Soviet military threat. Although we no today to pay tribute to an exceptional you pig-farming stories from his youth longer need to fear a nuclear super- American hero and one of Alabama’s and how he made the upper 95 percent power, other countries now have access favored sons, Adm. Leighton W. Smith, of his class at the Naval Academy look to Soviet weapons. Many countries also Jr. Recently concluding his 34 years of good, while simultaneously going toe have achieved the technological capa- service in the U.S. Navy, Admiral to toe with our adversaries in order to bility to produce nuclear weapons and S12078 CONGRESSIONAL RECORD — SENATE October 1, 1996 other weapons of mass destruction. We President could accept and which com- After the Soviet invasion of Afghani- still face the threat of an accidental plied with the treaty to allow an un- stan in late 1979, I supported the rein- launched missile with no reliable specified number of sites to be de- statement of draft registration. I have means of defending the continental ployed in the year 2003. also advocated increased compensation United States. Since the very early days, when crit- for the men and women in the military. Former President Reagan deserves a ics labeled the strategic defense initia- The quality of our forces is essential to great deal of credit for pursuing his tive as an absurdly futuristic plan, our security. Although I opposed in- Strategic Defense Initiative in 1983. public opinion of ABM technology has cluding women in the draft and in com- SDI has faced tough opposition from changed. A poll last year indicated bat, I have fought to ensure the mili- its inception. I have fought with many that 90 percent of the American people tary uses all of its personnel to the of my colleagues to fund the program believe that the United States should best of their abilities. I joined in intro- in the Senate. In 1984, we managed to develop a missile defense system. The ducing a bill in 1979 to end sexual dis- save the program and, in fact, the Congress and the President of the Unit- crimination in promotions, particu- American Security Council, then-ma- ed States have the support of the peo- larly in the Navy and Marine Corps. jority leader Howard Baker, and the ple, the technology to accomplish this The Navy may well be the most im- President credited me with swaying and the means to deploy these systems. portant element of our conventional the critical votes to save funding for I strongly urge my colleagues in this forces. When I first came to the Senate, that year. I will always remember the Congress and future Congresses to not the United States had two ocean naval President phoning me and saying let this initiative die. fleets. The Iranian Hostage Crisis, how- ‘‘Bless you. Bless you.’’ It has re- Mr. President, in order to continue ever, led me to believe that the United mained a difficult task to continue to the preeminence of the U.S. military States needed to maintain a presence provide research and development strength, I believe we need to continue in the Indian Ocean and the Persian funds for this program. In 1989, chang- with the development of smart weap- Gulf. I advocated this position at the ing relations with the former Soviet ons technology connected directly or time, but of course, it is even more im- Union continued to fuel the opponents indirectly to strategic defense. A few portant now. This region will continue of the program and debate has contin- examples of programs I have supported to be a focal point in defense and for- ued into the post-cold-war era. over the years include the ASAT [Anti- eign policy for years to come. We must I feel that we must continue our ef- Satellite Missiles], THAAD and other be prepared to address unforseen devel- forts here in Congress to deploy an ABM technology. opments in other regions as well. antiballistic missile system. And in my Even though the United States is In 1981, I was alarmed to learn that opinion, we should do it in evolution- preeminent in military technology, we our Navy had halved its strength since ary stages. The space-based laser incar- must maintain a large and well-pre- 1969. President Reagan and Secretary nation of the antiballistic missile pro- pared conventional military force. John Lehman’s leadership called for gram must have continued research Throughout my Senate tenure, I have the creation of a 600-ship Navy. This technology for the future. Today, we always been a proponent of the Amer- buildup turned out to be an effective have the technology to develop and de- ican arms buildup. President Carter tool in the cold war and we cannot ploy a missile system to defend against called for NATO nations to increase its allow too large a reduction in our cur- an attack or accidental launches. We military spending by 3 percent, which I rent naval force. We need to maintain should develop and utilize that tech- supported. This was the first step to- the ability to convey our Forces nology. ward rebuilding our military. In 1980, I around the world and provide the Actually, I advocated this position pushed for increased defense spending strike potential of our carrier groups. some time before President Reagan because I feared that the Soviets had For these reasons, I was particularly called for the development of the SDI surpassed us in many ways, including proud to support naming a carrier after program. In fact, in a meeting with conventional weaponry, chemical war- President Reagan. him, I urged him to call for such a pro- fare, and most importantly, trained I also believe that the United States gram. When the President established manpower. In the following years of must continue to focus on continuing an inter-agency panel to recommend President Reagan’s two terms, I con- to improve air forces. Air superiority the best way to proceed with the stra- sistently supported his efforts to in- on the battle field often times deter- tegic defense initiative, I lobbied for crease national security. mines the outcome before the ground this approach, and was quite pleased to More recently, I have urged a slowing forces are ever deployed. The United learn that the panel reached the same to our military cutbacks. I supported States must continue to upgrade its conclusion. In later years, I introduced President Clinton’s decision to seek fleet of B–52 bombers. In fact, this was amendments that would require the higher defense spending levels to deal an issue in my first campaign. I have focus of the strategic defense initiative with increasing need for the U.S. in- been a supporter of the B–1 bomber to the deployment of ground-based sys- volvement in world affairs, including since 1979, because even then, the 30- tems first. Then, as now, we need a Haiti, Somalia, Rwanda and Kuwait. year old B–52’s needed replacement. ground-based technology rather than a The conventional forces of the United Stealth technology was still on the de- space-based system, like Brilliant Peb- States have assumed an additional role sign table and this aircraft in my opin- bles. The ground-based system proved during my time in the Senate. In order ion was the most reasonable alter- itself in a theater concept during the to cope with the number of small-scale native. Opponents argued that the Persian Gulf war. threats around the world, our Nation United States did not need a manned The Anti-Ballistic Missile Treaty has desperately needs to maintain its bomber; however, I think the need was been both a consideration and a limita- quick-strike capabilities. I first advo- proven in the Persian Gulf war. We tion in the deployment of this tech- cated this type of force during the Ira- must continue to embrace the stealth nology. I called for reconsideration of nian hostage crisis. At that time, it be- technology and improve upon it to the ABM Treaty with the Soviets be- came obvious to everyone that the maintain our air superiority. fore it came up for review in 1982 while United States could no longer rely on In this post Communist world, weap- the nuclear arms race was ongoing. It its nuclear arsenal to combat the in- ons proliferation still poses serious seems to me a wiser approach to de- creasing number of brush fires around threat to our national security. For velop weapons that will be used only in the world. We in Congress must make a this reason, I would like to commend a defensive nature. More recently, I commitment to see that the men and my colleagues, Senator NUNN and Sen- urged the immediate deployment of a women in the Armed Forces have the ator LUGAR, for their hard work to pre- single antiballistic missile site that training, the support, and technology vent the distribution of the weapon would be considered treaty compliant, that is deserving of the commitment stockpile of the former Soviet Union. and I have strongly advocated negotia- these young people have made to pro- We must also not lose focus and em- tions to allow the deployment of mul- tect our interests all around the world. phasis on the United States need to tiple ABM sites. Ultimately, the Con- Manpower remains a significant ele- keep control over its own technology. I gress hammered out a compromise the ment of our national defense posture. have opposed certain nuclear sales in October 1, 1996 CONGRESSIONAL RECORD — SENATE S12079 the past, such as President Carter’s chemical training also argued that live maintain training to cope with attacks uranium fuel deal with India. India agent training greatly increased con- now more than ever in its history. One was, in my opinion, a blatant violator fidence and morale. Even though the facility which has served our of the 1978 Nuclear Nonproliferation third BRAC Commission voted to close antiterrorism goals well is the bomb Act and I believe India also violated Fort McClellen—mistakenly, in my school at Redstone Arsenal, AL. When the 1963 act by using United States sup- view—I still hold the conviction that I came to the Senate, this school was plied nuclear fuel to build a bomb. I the United States must continue vital the only facility of its type in the tried to prevent similar sales by join- chemical warfare defensive training country. It was run by the Army and ing in offering an amendment to the and it must keep the live agent train- funded by the Law Enforcement Assist- Export Administration Act of 1984 to ing in the chemical school at the same ance Administration. Later, when the require nuclear regulatory commission facility. LEAA was eliminated, Congress de- guidelines in fuel sales. In order to maintain America’s con- cided to fund the school through the Chemical warfare is another increas- ventional forces at the highest level FBI. There was a gap in the funding for ing threat to American security. In during a time of continued fiscal aus- fiscal year 1981, and we succeeded in in- 1980, I attended a briefing in Fort terity and national debt, I want to em- cluding a line-item appropriation for McClellan, Alabama and learned that phasize the necessity of keeping the the school. the Soviets greatly outmatched our de- Pentagon at its most cost effective. In The importance of these programs fensive chemical capabilities. The So- 1981, I sponsored a measure to establish only continues to increase. After the viets had significantly more trained an inspector general for the Depart- Oklahoma City bombing in 1995, the specialists and their regular troops ment of Defense. At that time, esti- Judiciary Committee held hearings to were much better equipped and in- mates indicated that the simple elimi- consider ways to prevent and combat nation of waste might cut defense formed. Furthermore, reports indicated terrorism in the future. We listened to spending by nearly one-third. In 1983, that the Soviets were willing to use of- testimony from the FBI director and Congress created the office, but I fensive chemical weapons, and in fact, officials from the Southern Poverty thought it was a mistake to make the they had delivered chemical attacks in Law Center, among others. In fact, the Afghanistan, Cambodia, Laos, and inspector general accountable to the Secretary of Defense rather than being bombing hit close to home for me per- Yemen. I was pleased that Secretary an independent official. I argued that sonally, since just a little over 5 years Haig called attention to this threat in an independent solution would have before, a terrorist mailed pipe bombs 1981. to four locations in the South. My To respond to this threat, I supported been more effective. I have also been an advocate of con- close friend, Judge Bob Vance, died in the construction of a binary chemical solidated development efforts within one of these attacks. Of course, I weapons facility at Fort Smith, AR. the Pentagon, as well as revolving door strongly believe in the individual My recollection is that then-Vice and contract guidelines to increase rights provided in the Constitution, President Bush voted to break the tie competition. I also fought for the es- but we must work to strike a balance vote on this issue after I cast the tie tablishment of a central procurement which preserves these rights, yet also vote. The existing U.S. chemical weap- office at the Pentagon. My efforts were prevents individual terrorist acts. ons dated back 30 years; I felt they driven to some degree by revelations Espionage has also taken on a dif- were obsolete and relatively ineffec- made during judiciary subcommittee ferent form in today’s world. We are tive. The threat of chemical warfare hearings held in 1985. At these hear- now faced with spies who embrace a has not lessened. In fact, the potential ings, we learned that the Pentagon had new motivation—greed. They do not danger is probably even greater now, as lost control of its spending, pouring act out of ideology or beliefs, and have we learned in the gulf war. Increasing hundreds, and sometimes thousands, of no goals but their own gain. I intro- terrorism, like the Tokyo subway dollars into a single hammer or other duced legislation in 1985 to address this bombing, also underscores the need for simple item. new motivation. It would have stripped chemical weapon response readiness. In Another way of increasing the cost- any convicted spy of anything acquired order to address this problem, the Sen- effectiveness of our Armed Forces is through espionage, and it would have ate passed a number of chemical weap- maximizing efficiency through consoli- denied movie or book rights about ons provisions in its antiterrorism bill dation. I worked throughout my time treason. last year, including an amendment I of- here to enact such a plan at Fort Since then, the Aldridge Ames case fered to criminalize the possession of Rucker, AL. Beginning in 1979, I advo- has demonstrated that this problem is toxic nerve gas, which I was shocked to cated a plan to merge helicopter train- only growing. We cannot allow our- learn was not illegal to possess. ing from all four branches at the fort, selves to think that espionage is a With this in mind, I have fought and continued my efforts during Presi- thing of the past, nor that it exists since 1990 to keep Fort McClellan and dent Reagan’s first years in office. I only as a remnant of the Cold War. In- its chemical school open. Senator urged the Defense Secretary and the stead, it will continue to increase, and SHELBY, Congressman BROWDER, and OMB Director to adopt the plan, and we have as much or more to lose in the officials from Calhoun County and the solicited studies to examine its fea- future if we cannot combat it effec- Federal Affairs committee at the Cal- sibility. Senator SHELBY and I renewed tively. houn County Chamber of Commerce this effort under President Clinton, but We need to keep a close eye on our headed by Gerald Powell deserve a tre- again, we were unable to get the De- intelligence community. When Ames mendous amount of credit for their ef- partment of Defense to carry out the was finally caught, I learned that the forts to advocate our position before implementation. However, I remain FBI and CIA did not have access to his the Base Closure Realignment Commis- firmly convinced that such consolida- personal financial records. I introduced sion. tion plans, if put into place across the a bill to require financial disclosures Even though the Defense Department country, are obvious, commonsense from key intelligence officers at the last year recommended the closure of ways to address wasteful duplication of CIA. I believe such a requirement this facility, the BRAC Commission effort. would protect intelligence officers twice recognized the need to keep this Increased profit through defense con- while also preserving our security. facility open and viable. General version will also be a helpful means of I also want to stress the importance Schwartzkoff offered a ringing endorse- saving money. To this end, I supported of increasing our self-sufficiency in ment to the U.S. Senate of the live President Clinton’s technical reinvest- terms of energy consumption. In the agent training and the continued oper- ment project to provide grants for past, events such as the oil crisis in ation of Fort McClellen. The General small firms to convert from defense 1979–1980 have taught us that the Unit- noted that chemical training had bol- production to the development of tech- ed States is too heavily dependent on stered the morale of troops serving in nology with a dual-use, both civilian foreign countries for its defense mate- the gulf armed with the knowledge of and military. rials. Those same countries which pro- dealing effectively with these deadly With regard to antiterrorism efforts, vide us with vital raw materials could weapons. The commander of British I believe the United States needs to become our adversaries. At that time, I S12080 CONGRESSIONAL RECORD — SENATE October 1, 1996 called for contingency plans and inves- compliance? More importantly, could began, although the entire Senate for- tigation of the possibilities of utilizing we confirm their compliance? These mally back President Bush after the our domestic resources, including the questions and others weighed heavily hostilities began. Alaska oil reserves. Since then, we on my mind, as they undoubtedly did I have been consistent in embracing have faced other energy scares, such as on those of all involved. There were the philosophy of supporting the Com- that which contributed to the Persian methods available to verify Soviet mis- mander in Chief, regardless of the Gulf war. There is no reason to believe sile tests and other related activities, party or what I might have felt person- that such crises will not recur, and I including telemetry, satellites, and ally could have been done differently urge Congress to continue exploring al- radar. But, if our then-adversary vio- or better. I supported President Carter ternatives to dependence on foreign en- lated the treaty, the problem of dealing throughout the Iranian hostage crisis. ergy sources. with noncompliance remained. There was nothing to be gained by sec- Military alignments among nations At that time, I advocated tough di- ond-guessing his decisions—even after will be a major consideration in the fu- plomacy backed up by definitive intel- the failed rescue mission of April 1980. ture. One reason I supported the de- ligence information. I felt this was the I felt this support was especially im- fense buildup in the 1980’s was to re- only realistic way to proceed. Of portant given the Ayatollah’s strategy assert the U.S. position among our al- course, that was easier to say than do. of portraying a weak resolve on our lies, which needs to be sustained. The What would the Soviet reaction have part. Along these lines, I was particu- expansion of NATO into the former been? Would we have been able to rely larly horrified by Ramsey Clark’s kan- Eastern bloc remains a key question of on our own technology and intelligence garoo-court style probe of United alignment. In 1993, NATO began to con- for confirmation? Would they view States policy toward Iran, and pressed sider the admission of new members, such a stand as provocative or threat- for a criminal investigation. I also sup- including Poland, Hungary, and the ening? ported the invasion of Grenada to pro- Czech Republic, but Russia’s position Another problem was the fall of the tect American citizens and the removal was unclear. The fall of communism Shah of Iran. A number of our primary of the corrupt Manuel Noriega to pro- did not bring a conflict-free Europe, detection stations were in Iran, and the tect our vital interests in the Panama but instead brought back some of the CIA estimated that it would take at Canal region. old alignments and hostilities that had least 5 years to recover what we had There have been other instances existed before the two world wars. As lost, due to the instability there. Ulti- where I have been opposed to military chairman of the Senate delegation on mately, the treaty died when the So- action itself, but felt the President had the North Atlantic Assembly, I intro- viet Union invaded Afghanistan. the constitutional authority to initiate duced a plan to provide specific guide- To make the point even more clear, such action. Haiti was one example of lines for getting nations ready for look at the situation in 1991, when this. I voted against a resolution re- NATO membership pursuant to the Presidents Bush and Gorbechev signed quiring the President to adhere to a Partnership for Peace plan. Congress- the START agreement. I was very hesi- waiting period, although I did not want man DOUG BEREUTER of Nebraska, a tant about ratifying that treaty. Its to see United States troops sent to vice chairman of the Assembly, joined signing came shortly after the at- Haiti. Another example was the deploy- me in this effort. Our plan calls for tempted coup in August of that year. ment of ground troops in Bosnia, which NATO applicants to demonstrate civil- This kind of instability would almost I did not view as serving our vital na- ian control of the military and police, certainly come into play with other tional interests. However, I did argue free and open elections, policies unpredictable nations who are becom- that it was important to unite behind against international terrorism and ing nuclear powers. In 1991, the out- the President once his decision had crime, and other commitments desir- come was favorable, but we cannot al- been made and the troops had been de- able of NATO members. The plan also ways bank on such an outcome. ployed. required the NAA’s permanent commit- When we do have to defend our vital In conclusion, Mr. President, I want tees to consider and report on any re- national interests, economic sanctions to urge the Congress to be extremely form these countries might need to im- and embargoes will continue to be an careful about cutting back our Armed plement before NATO admission. I be- effective tool. I have usually supported Forces in the years to come. Despite lieve we need to be very cautious in the sanctions over force, at least initially. what we think of as a relatively stable future about not treating NATO as a I first called for the use of sanctions world, the future, in reality, is very un- type of European United Nations, and against Iran, after the hostage crisis certain and unclear. The nature of remember that it is first and foremost began. I also introduced legislation to threats to our security is unfocused at a military alliance. compensate the hostages from frozen this time. Tensions in Iraq have again In my role as chairman and cochair- Iranian assets in the United States. flared, and instability may return to man of the NAA Senate delegation, I Similarly, I would have preferred the other areas of the world as well. Al- have also gained direct input from Eu- use of sanctions against Haiti rather though world peace is our ultimate ropean parliamentarians on such mat- than the threat of force. goal, it would be a serious mistake to ters as lifting the arms embargo on But, we must be careful with the allow ourselves to think we have Bosnia. Many of these leaders feared sanctions strategy, because it is not al- reached that goal. The tensions that that a unilateral lifting of the embargo ways effective, and sometimes it hurts remain all around the world dictate would cause a spillover. I argued that Americans as much as the country we that we continue our military pre- given the complexities of the war in are trying to influence. I felt this was paredness in a manner that will allow Bosnia, there was simply no good way the case with the grain embargoes America to be victors in any conflict to know what effect it might have. against the Soviet Union, which hurt that may arise with the fewest casual- With great reservation, I ultimately United States farmers more than the ties possible. supported an amendment in the Senate Government of the U.S.S.R. Generally f to lift the embargo only under the aus- speaking, we should ensure the effec- pices of the U.N. and NATO. tiveness of embargoes through a coop- REFLECTIONS ON PROGRESS IN While I firmly believe in keeping our erative international effort. CIVIL RIGHTS military strong—the best in the Generally, I have been proud of the Mr. HEFLIN. Mr. President, during world—I also believe that reducing nu- Senate for rallying behind the Amer- my 18 years as a U.S. Senator, legisla- clear weapons and other weapons of ican President whenever he has deter- tion of all sorts and in all issue areas mass destruction should remain a top mined the necessity of using our has come before this body. Of course priority. In so doing, we must again Armed Forces. The finest example of there were some issues I came to know look at recent history as a guide. When this resolve came during the Persian best, sometimes because of the nature President Carter signed the SALT II Gulf deployment in the fall and winter of my constituency, as was the case Treaty in 1979, I had serious reserva- of 1990–91. I was 1 of 11 Democratic Sen- with agriculture and technology issues. tions about its provisions. Could we ators to vote in favor of authorizing But there are other topics the Senate rely on the Soviets to be honest about the use of force before the bombing addressed during this time which stand October 1, 1996 CONGRESSIONAL RECORD — SENATE S12081 out in my mind for different reasons, until all of the facts were available and fin.’’ To put these thoughts in context, such as judiciary and legal issues and the arguments had been made. I might I received over 6,000 contacts, including national defense policy. Naturally, best compare my view of a Senator’s phone calls or letters from constitu- since I have a background in the law, I role in the confirmation process to ents who criticized me for supporting have a greater personal interest here that of a judge rather than an advo- the bill. than I do some other areas. But, of all cate. But I think that it was worth the the judicial work the Senate has tack- When it came to some of these bills fight. After its passage, the National led during my 18 years, its accomplish- and nominations, it happened that my Black Law Journal characterized the ments in the area of general civil own personal perspective and con- bill in these terms: rights strike me as among its most science compelled me to vote dif- The passage of S. 557 sends a clear signal: commendable. ferently than some of my constituents discrimination is illegal and will be prohib- Since 1979, congressional action in might have liked. This was particu- ited through broad enforcement of the Civil the field of civil rights has been enor- larly true in some instances, including Rights Restoration Act of 1987. Con- mously significant. I think it would be my very painful decision to oppose the sequently, the enactment of S. 557 closes a appropriate to highlight some of these special treatment extension of the in- major loophole in our civil rights laws and issues and events. signia patent for the Daughters of the preserves two decades of hard-won civil rights for all Americans. Of all the bills relating to civil American Confederacy, which I will rights, perhaps first in my mind is the discuss later. THE FAIR HOUSING BILL extension of the Voting Rights Act of My goal here is to reflect upon some Since my first year as a Senator in 1965, which passed during my first of the major legislation, nominations, 1979, civil rights activists had been term. The fair housing bill, which en- and issues which have dominated the pushing the Congress for legislation to forced the provisions of the Fair Hous- Senate’s civil rights debate since I amend the 1968 Fair Housing Act, and I ing Act of 1968, also stands out. An- have been here. supported their efforts. However, a other was the Civil Rights Restoration GROVE CITY COLLEGE CIVIL RIGHTS broad bill intended to enforce the pro- Act of 1991, which ensured that dis- RESTORATION BILL visions of the Fair Housing Act of 1968 crimination would not be tolerated in In 1984, I supported the passage of a did not pass the Congress until 1988. the workplace. But there were others, bill known as Grove City. Formally My efforts in that first Congress in- including the Dr. Martin Luther King, known as the Civil Rights Restoration cluded attaching a provision to the bill Jr., Holiday and Holiday Commission Act of 1987, it did not pass until 1988. to allow discrimination complaints to bills, the Civil Rights Restoration Act With this bill, the Congress essentially be heard by HUD administrative law of 1987, the reauthorization of the Civil sought to restore civil rights guaran- judges. A compromise version of this Rights Commission, and the Congress’ teed under several major laws re- idea appeared in the final 1988 law. efforts to save the Legal Services Cor- stricted by the Supreme Court. It had a In 1979, several national surveys poration from the Reagan administra- number of opponents among the reli- spurred a House subcommittee to pass tion’s cuts. gious community, especially, since a fair housing bill. HUD Secretary Har- When the Congress considered each of abortion became a major controversy ris testified that it was necessary to these bills, Members on both sides took surrounding the bill. In fact, the Con- improve the 1968 act. The act, she said, positions reflecting very different phi- gress ultimately needed to override a ‘‘. . . defined and prohibited discrimi- losophies. But I believe that the need veto to pass the bill. natory housing practices but failed to to reconcile various points of view is Grove City took its name from a Feb- include the enforcement tools nec- the essence of progress in civil rights. ruary 28, 1984, Supreme Court decision, essary to prevent such practices and For this reason, I am extremely proud Grove City College versus Bell. With provide relief to victims of discrimina- of the Senate for working out the nec- this ruling, the Court altered the inter- tion.’’ essary accords to pass these bills. pretation of title IX of the Education A companion bill appeared before the In addition to these specific bills, I Amendments of 1972. It found that this Senate Judiciary Committee in the am also very proud of the Senate for law, which prohibited sex discrimina- summer of the next year, 1980. During its advice and consent role in nomina- tion in federally funded institutions, its markups, the committee adopted tions for the Federal Judiciary and ex- applied only to the particular program several of my amendments. One would ecutive positions that affected the civil or activity directly receiving the funds. allow HUD discrimination suits to be rights movement. During the time Therefore, the entire school was not heard by administrative law judges. since my election, the Senate ensured bound by the antidiscrimination lan- These judges would be appointed by a the continued transition of the South guage. Fair Housing Review Commission au- from the 1950’s into the next century. Perhaps the reason the Grove City thorized by the bill, and the President Many ills had yet to be addressed, and case was so significant was its poten- would appoint the commissioners. The the Senate confirmed a number of indi- tial impact on three other civil rights Fair Housing Review Commission viduals who will fight to resolve these laws. These laws were the Civil Rights would have the authority to review and ills and voted down some who might Act, the Age Discrimination Act, and modify cases. The second of my amend- have furthered them. the Rehabilitation Act, all of which ments would limit suits to individuals In 1980, the Senate confirmed the used practically the same language. who actually sought fair housing and first black district judges in Alabama. The Court had clearly abridged the who felt they had been victims of dis- The Congress also worked to preserve Government’s rights and abilities to crimination. the legacy of several judges from Ala- fight discrimination. By this time, the House had passed bama who had accomplished much in According to its stated purpose, the its version. Its supporters included the the area of civil rights, including Jus- Civil Rights Restoration Act of 1987 NAACP, the AFL–CIO, the UAW, the tice Hugo Black, Judge Frank Johnson, sought to restore the ‘‘broad, institu- League of Women Voters, and the and Judge Robert Vance. All of these tion-wide application’’ of Federal anti- ACLU. President Carter was also men furthered the cause of racial discrimination laws. It pertained to among this group, calling the bill ‘‘the progress. each of the four civil rights laws, and most critical civil rights legislation be- When it came to nominations, I like its previous incarnations, it fore the Congress in years.’’ would also like to note that the Senate sought to redefine ‘‘program or activ- It was the House bill which ulti- occasionally felt it had to oppose some ity.’’ mately came to the Senate floor. It had nominees, because it feared that these In 1988, Grove City became Public less luck in the Senate than the House, individuals might impinge on the en- Law 100–259. But I wasn’t necessarily though; certain Senators led a fili- forcement of laws to protect individual pleased that the fight had been so hard. buster which killed the bill. rights. These nominees included some I had tremendous political pressure on Disagreement on the bill focused on Federal judicial nominees as well as me to oppose it. Immediately after I two controversies, whether discrimina- executive officials. But in each case, I voted for the override, the vote was re- tion should be proven by results or in- did my best to remain open-minded ferred to as ‘‘another nail in my cof- tent, and whether cases should be S12082 CONGRESSIONAL RECORD — SENATE October 1, 1996 heard by administrative law judges or viously, intent to discriminate had to stitution subcommittee refused to in- Federal judges and juries. Civil rights be proven, but under the new law, it corporate the provision in its March groups supported provisions requiring would only be necessary to prove that mark-up. President Reagan’s Attorney the results standard of proof; Senate laws had resulted in discrimination. General told the panel that the admin- opponents wanted proof of intent. But Last, the new law also extended bilin- istration was opposed to the new provi- there did not seem to be any middle gual requirements under the act for 10 sions. ground. With regard to the administra- years. During this markup, the Senate sub- tive law judge provisions, Senator But passing this bill was not easy. It committee extended section 5, the en- DECONCINI, offered a compromise to had opponents in the Senate and in the forcement provisions, for 10 years. But allow jury trials in some cases, but op- administration. In fact, the chairman by contrast, the House version of the ponents were not receptive. This com- of the Senate judiciary committee was bill extended section 5 indefinitely. promise just raised too many ques- not friendly to its passage. Com- Again, the Attorney General supported tions. promise was required to save the bill, the Senate subcommittee’s move, tes- Unfortunately, we could not com- and I worked behind the scenes, espe- tifying that the administration op- promise that year, and the bill ulti- cially with Senator Dole, to find a pro- posed a longer extension. mately died in a filibuster. posal which would be acceptable to the Notably, in the month following this In 1988, we finally passed a broad bill, committee. subcommittee vote, U.S. District Judge H.R. 1158, to address the problem of ra- Congressional Quarterly has since Virgil Pittman of Alabama issued an cial and other discrimination in hous- noted that Senator Dole and I played revised opinion on Mobile versus Bold- ing. This bill became Public Law 100– deciding roles on the Senate judiciary en declaring that Mobile had discrimi- 430, to amend the 1968 Fair Housing committee. As the bill came out of sub- nated against blacks based on the re- Act. committee, the publication noted that sults test. This decision, based on re- The new law authorized HUD to pe- divisions on the full committee left us sults, bolstered the case of civil rights nalize those who discriminated in hous- ‘‘* * * holding the balance of power.’’ groups who supported the bill provi- ing sales and rentals. In addition to Seven members were publicly against sions under section 2. prohibitions on discrimination accord- the bill, and nine were for it. The com- With these revisions, the bill then ing to race, color, religion, sex, or na- mittee had 18 members at the time, came to the full Senate committee, tional origin specified by the 1968 act, and a tie of nine to nine would have re- whose members began to align for or the new law included protections for sulted in a failure to report the bill to against the extension. As I mentioned the handicapped and families with the full Senate. above, nine members supported the young children. According to Congres- I had an agreement with Senator House version and seven opposed it; sional Quarterly, this was the first Dole to work together to forge a com- leaving Dole and me in the middle to time the Congress protected these lat- promise which would get committee work out something the whole commit- ter categories under its laws. approval, but not to publicize my be- tee could accept. On May 4, the committee passed our Before the passage of this new law, hind-the-scenes activity. The reason compromise version of the bill, with HUD only possessed the authority to for my reluctance to receive any credit only four Senators voting against it. mediate battles. The Justice Depart- was due to the fact that this was an un- This compromise included changes to ment could file suits in the case of dis- popular bill with white voters in Ala- section 2’s results language to specify criminatory patterns, and individuals bama, particularly in Mobile. its meaning. Taken from a 1973 Su- could bring their own suits. But this Notably, Senator Denton, from Ala- preme Court case, White versus Reg- bill authorized HUD to pursue suits on bama, was also a member of the Judici- ister, the final version declared that a a victim’s behalf. ary Committee, but he opposed the bill. violation could be proved: The final law included a compromise On June 22, the Talladega Daily Home * * * ‘‘if, based on the totality of cir- version of my administrative law judge printed an editorial contrasting our po- scheme of the 96th Congress. It pro- cumstances, it is shown that the political sitions. ‘‘The next time he comes be- processes leading to nomination or election vided for cases filed by HUD to be fore Alabama voters to be re-elected or in the State or political subdivision are not heard in front of administrative law retired,’’ it read, ‘‘U.S. Senator HOW- equally open to participation. judges, if the parties involved chose to ELL HEFLIN may have a problem ex- The compromise also extended sec- do so. Where compromise failed in 1980, plaining satisfactorily his vote to ex- tion 5 for 25 years, rather than 10, as however, the 1988 law also provided a tend the so-called voting rights act for the administration and some Senators second option: if just one of the parties another 25 years.’’ About Denton, who wanted, or permanently, as the House chose it, the case would be heard in a opposed the bill, the editorial wrote he wanted. jury trial. The law required the parties ‘‘won’t have the same problem.’’ Still in the way, however, was a fili- to choose within 20 days. And on May 6, the Mobile Register buster to stop the bill. But the Senate VOTING RIGHTS EXTENSION printed an editorial which condemned voted it down. In the end, the Senate In 1982, the Congress passed a law to the compromise, writing that it was no amended the House bill to align it with extend the Voting Rights Act of 1965— compromise at all; instead, the Reg- its own compromise. The House accept- H.R. 3112, Public Law 97–205. This new ister called it ‘‘probably the most dis- ed the Senate amendments on June 23, law contained four essential parts. criminatory legal garbage to ever hit by unanimous consent. First, it extended section 5 of the act, Congress.’’ This editorial called on me THE MARTIN LUTHER KING FEDERAL HOLIDAY the major enforcement provision, for 25 to lead a filibuster of the bill for Ala- In my first month as a Senator, I be- years. This section, called the bama and particularly Mobile. The came a joint sponsor of a bill to estab- preclearance provision, required 9 Register wrote that, in light of Mobile lish a Federal holiday in honor of Dr. States, including my own Alabama, versus Bolden, the Voting Rights Ex- Martin Luther King, Jr. That bill, how- and parts of 13 others to receive ap- tension would allow any Federal judge ever, did not become law, and it was proval from the Department of Justice to change local governments’ election not until 1983 that we were able to es- before they could change their election laws at a whim. tablish the holiday. In 1983, I fully sup- laws. Second, it allowed States that As I mentioned earlier, section 2 of ported its passage-H.R. 3706; Public could prove a good voting rights record the 1982 extension made it easier to Law 98–144. for the previous 10 years to bail out of prove violations by requiring proof of During the 1983 debate, the measure the preclearance section after 1984. Be- results rather than intent. This revi- became the victim of a filibuster led by ginning that year, States desiring to sion would effectively overturn a 1980 Senator JESSE HELMS. According to bail out would have to prove their case Supreme Court decision, Mobile versus Congressional Quarterly, Senator before a Federal panel of three judges Bolden, upholding the intent require- HELMS objected to King’s ‘‘action-ori- in Washington, DC. Third, the exten- ments. ented Marxism,’’ and alleged that King sion amended the permanent provisions It was this provision, known as the had connections to the communist of the 1965 act under section 2 to make results test, which first snagged the party. These claims seemed to me to be it easier to prove violations. Pre- bill in the Senate committee; the con- without merit. October 1, 1996 CONGRESSIONAL RECORD — SENATE S12083 When the Senate began consideration citizens in agriculture, home econom- With this history of great difficulty of the holiday measure, I voted to end ics, and other practical subjects. as well as great leadership in mind, I the filibuster, and I opposed amend- However, the Southern States did not hold myself honored to have worked ments which would effectively have provide funding for black colleges with these institutions. I am particu- killed the bill. However, there were two under this law, so the Congress passed larly proud of efforts to create the amendments I found to be in line with a second Morrill Act in 1890 specifically Chappie James Preventive Health Cen- my own thinking. They were offered by to support the African-American insti- ter at the Tuskegee Institute, and to Senators Randolph and Boren to re- tutions. From this history comes the pass perhaps the first serious funding quire that the King, Washington, and term ‘‘1890 Land-Grant Institutions,’’ authorization for the 1890 black land Columbus holidays be held on the ac- specifically applied to these histori- grant colleges. tual dates of the events. In fact, I co- cally African-American colleges. How- During the first summer I was a Sen- sponsored Boren’s amendment, and ever, the agriculture department did ator, I introduced a resolution to au- after that amendment failed, I signed not begin earnestly to fund the 1890 thorize the construction of the General onto a bill to serve the same purpose. land-grant colleges until 1966. That Daniel ‘‘Chappie’’ James Memorial My reasons for supporting this condi- year, Assistant Secretary Dr. George Center for Preventive Health at the tion were the cost of a new holiday— Mehren asked the National Academy of Tuskegee Institute. When I introduced the holidays would occasionally fall on Sciences to suggest an allocation of the bill on the Senate floor, I noted Saturdays and Sundays, saving a great $283,000 for research at these colleges— that it was the first preventative deal of expense—and I also wanted to under Public Law 89–106. health center in the south, maybe the ensure the proper observance of signifi- In 1866, Lincoln University in Mis- country. I also stated, proudly, that it cant historical events. Dr. King’s birth- souri became the first such historically would become a museum of the gen- day is a significant date in the history black land-grant college.’’ By 1976, eral’s memorabilia. of civil rights in this country, and it is there were 16 such universities. Of Furthermore, I argued that the dedi- most fitting to remember its actual these 16, there are 2 in Alabama, the cation was especially fitting because date. Tuskegee University and Alabama General James, the first African-Amer- The following year, Congress passed a A&M University. ican to rise to a four-star rank in the bill establishing a Martin Luther King The Alabama State Legislature cre- U.S. Air Force, had been a beneficiary Holiday Commission to encourage cere- ated the Tuskegee Institute in 1881; it of Tuskegee’s programs years before. monies for the first celebration of the was then called The Tuskegee State Tuskegee established the first training holiday—H.R. 5890; Public Law 98–399. Normal School for the Training of program for black pilots, and it was The bill mandated a 3-member panel to Negro Teachers. Booker T. Washington here that General James learned the be funded by donations. became Tuskegee’s first President and skills which furthered his career. Five years later, I cosponsored a bill served until he died in 1915. Ultimately, we succeeded in passing to make the Martin Luther King com- During these first years, the State the Chappie James Center bill as a mission permanent. The bill became legislature appropriated $3,000 for the rider to the 1980 reauthorization of the law—(H.R. 1385, Public Law 101–30,— institution and authorized it a single Higher Education Act of 1965. My teacher. The school remained public and it expanded the commission’s role amendment authorized $6 million for until the State legislature granted its to include the promotion of racial the center, and required that it be con- board the power of governance in 1893, equality and nonviolent social change. structed at the Tuskegee Institute. Again, when this bill came to the Sen- but Tuskegee Institute continued to re- In May 1981, I introduced a bill to ate floor, a number of amendments ef- ceive State funds even though they ob- help all of the 1890 land grant colleges. tained private status. fectively to kill it were offered, and I Its language specified that the 1890 In 1897, the legislature also estab- opposed them all. However, I did sup- land grant colleges receive money for lished ‘‘The Tuskegee State Experi- the purchase of equipment and land, port an amendment to bar the Commis- ment Station.’’ George Washington and the planning, construction, alter- sion from encouraging civil disobe- Carver became its director and served ation, or renovation of buildings to dience. until his death in 1943. I joined Senator SARBANES as a spon- In 1899, the U.S. Congress granted the strengthen their capacity for research sor in support of four different bills, S. school 25,000 acres, and in 1906, it estab- in the sciences of food and agriculture. 322 in the 100th Congress, S. 619 in the lished the formal extension program. That year, the House passed an iden- 101st Congress, S. 239 in the 102d Con- In 1933, Tuskegee became a regionally tical companion bill unanimously. gress, and S. 27 in the 103d Congress, to accredited 4-year college, and in 1943 it As I have said many times, the 1890 set aside a piece of Federal land in the opened its graduate schools. Accredited schools had not, to that point, had the District of Columbia for the Alpha Phi graduate programs now include archi- authorization to receive the benefit of Alpha Fraternity to build a memorial tecture, chemistry, dietetics, engineer- the equipment and facilities they need- to Dr. Martin Luther King, Jr. How- ing, nursing, and veterinary science. ed to be competitive. They had nothing ever, these bills did not pass. Tuskegee’s funding from grants re- from Congress to rely on, even though FUNDING FOR HISTORICALLY BLACK COLLEGES mained nominal until 1972. the Congress gave these historically I am especially proud of my efforts to Alabama A&M University was found- black institutions the same mission as authorize funding for the 1890 land ed in 1875 by an ex-slave named Wil- the 1862 schools mandated under the grant colleges, including the Tuskegee liam Hooper Councill. Originally, the Morrill Act. Therefore, we owed them Institute—now Tuskegee University— Huntsville Normal School was on West the means to fulfill that mission, re- and Alabama A&M in my home State Clinton Street in Huntsville, the school search and development in the field of of Alabama. Even though these land moved to Normal in 1890. After a de- agriculture for the benefit of the whole grant colleges date to the 19th century, crease in enrollment, the institution country. they had been largely ignored until the was renamed in 1919 the State Agricul- As with the Chappie James measure, late 1970’s. I consider that this fact rep- tural and Mechanical Institute for Ne- this authorization passed as a rider, resents a great waste; certainly these groes and reduced to junior-level train- this time to the 1981 farm bill, Public institutions deserve equal treatment, ing. Law 97–98). This amendment authorized and I believe they are, properly funded, During the subsequent years, the $10 million annually to each of the his- a valuable asset to the Nation in the school lost its financial support and torically black land-grant colleges field of agricultural research. nearly fell apart, but in 1927 Dr. J.F. through 1986—a total of $50 million for First, I would like to give a brief his- Drake became its new president and each. tory of the African-American, 1890 oversaw expansion of the grounds and BLACK ALABAMIANS BECOME FEDERAL JUDGES land-grant colleges. In 1862, the U.S. the return to 4-year status. It was not In the spring of 1979, then-Senator Congress passed the first Morrill Act, until 1962, during the tenure of Presi- Donald Stewart and I set out to find which established the basis for land- dent Dr. Richard D. Morrison, that the five U.S. district judges to fill vacan- grant colleges. These would be estab- school became a university, with its cies in the State of Alabama. In order lished by the States to educate their own graduate school. to do this, we formed two committees S12084 CONGRESSIONAL RECORD — SENATE October 1, 1996 and clarified our intentions in charters Committee responded by putting off always tried to keep an open mind for each. We called the first the Fed- the votes on his new nominees. Ralph until the end of hearings, because I be- eral Judicial Nominating Commission G. Neas, executive director of the Lead- lieve hearings are meaningless if Sen- of Alabama, and we called the second ership Conference on Civil Rights, de- ators do not examine the facts impar- the Alabama Women and Minority serves much credit for lobbying against tially, if they enter into the proceed- Group Search Committee. Reagan’s position. ings with prejudice. In fact, I have con- First, we intended to seek out the In response, Reagan summarily fired sistently articulated this view in my most qualified individuals in the State. the three commissioners he sought to opening statements: We, as Senators, This was the charge of the first com- replace. CQ wrote that a White House need to act as judges in the confirma- mittee. But we also sought to find lobbyist admitted that Reagan fired tion process. I was often criticized as qualified minorities to fill the slots. these individuals because he could not being indecisive because I withheld my This task was the charge of the second get the votes for his own nominees. decision until the end of committee panel, which would advise the first. Both Houses of the Congress responded consideration. But, if I was to be fair to Through these efforts, two blacks with concurrent resolutions declaring the nominee, then I had to assume a were selected, and President Carter for- their intent to create a new commis- judge’s role. mally nominated them both. These sion whose members would be ap- WILLIAM BRADFORD REYNOLDS’ NOMINATION men were U.W. Clemon, for Alabama’s pointed by the Senate as well as the In 1985, President Reagan nominated northern Federal district, President. Dr. Berry and Ms. Ramierez William Bradford Reynolds to become headquartered in Birmingham, and went on to win a suit in the D.C. Dis- Associate Attorney General. This posi- Fred Gray, for the State’s middle Fed- trict Court which granted an injunc- tion, No. 3 in the Justice Department’s eral district, headquartered in Mont- tion against Reagan’s firings. hierarchy, carried with it the respon- gomery. U.W. Clemon had become a For my own part, I worked to save sibility for all Federal civil matters. prominent Alabama State senator, and Mary Berry’s seat through a com- Previously, Reynolds had been the Fred Gray was a prominent lawyer who promise which restructured the com- Assistant Attorney General for the had served in many posts. He was per- mission. During final action, the Sen- Civil Rights Division, and his record haps most widely known as Rosa ate accepted this compromise amend- there earned him opponents among the Parks’ lawyer. ment, offered by Senator Specter, Pub- civil rights community. In fact, I based Although the hearings were not easy, lic Law 98–183. Under this compromise, my own decision to oppose Reynolds on the Senate confirmed U.W. Clemon the Reagan would have four appointees, what I knew of his record. next year, and he became the first Afri- and the Congress would have four, two Examples of Reynolds’ opponents in- can-American Federal judge in Ala- for each house. The Commission would cluded Benjamin Hooks, executive di- bama. Fred Gray’s nomination, how- therefore have two additional mem- rector of the NAACP; W. Gordon Gra- ever, did not survive the confirmation bers. The compromise, among other ham, of the Birmingham city govern- process. In his place, I recommended things, also established that the Presi- ment, who spoke for himself and Mayor Myron Thompson, another black, who dent had to show cause for firings, and Richard Arrington; William L. Taylor, was confirmed. authorized funding for the Commission. director of the National Center for Pol- As I said many times during this In response to this last, the House re- icy Review; Judy Goldsmith, president process, I believe that it is absolutely stored funds it had cut from the appro- of the National Organization for essential for blacks to serve in Federal priations bill. Women; and Marie Foster from Selma, courts. In the committee hearings on But in the end, civil rights groups who was involved in the civil rights our recommended nominees, and on the were angry to learn that Reagan had movement in that city during the floor after their confirmation, I stated backed off on an informal part of the 1960’s. These individuals all testified that I believe we must make up for compromise. He had promised, they very critically on Reynolds’ record, years of injustice in this country. For said, to reappoint two commissioners and they all told the committee that many long years, blacks were excluded he had previously opposed, Louise he had worked to set back civil rights. from the Federal judicial nominating Smith and Jill Ruckelshaus. Reagan, On June 27, 1985, we voted the nomi- process. True equality under the law House Majority Leader Michel, and nation down in the judiciary commit- cannot be achieved under such a sys- Senate Majority Leader Baker, ulti- tee, and it did not go to the floor. My tem. All Americans must feel they will mately refused to put these commis- vote decided the outcome. be treated fairly by the Federal courts, sioners on the panel. On June 30, the Huntsville Times re- but if certain citizens are precluded Much to my own pleasure, though, ported that this final meeting and from serving on the bench, the courts the Congress saved Mary Berry’s seat. these votes involved ‘‘plenty of gavel- cannot give the perception of fairness. She is now the chairman of the Com- banging and shouting as red-faced sen- CIVIL RIGHTS COMMISSION EXTENSION mission. ators fought bitterly over President In 1983, authorization of the Commis- OPPOSITION TO VARIOUS NOMINEES AFFECTING Reagan’s nomination for a top Justice sion on Civil Rights expired, and the CIVIL RIGHTS Department post.’’ I waited until that Congress set about passing a reauthor- As I stated before, I feel that the time to cast my vote, but when I did, I ization. However, President Reagan Senate’s opposition to a number of said that I wasn’t even certain I felt intruded, and he tried to restructure nominees was as important as any of comfortable with Reynolds in the posi- the commission for his own purposes. its other accomplishments. In the tion in which he was serving at the In late May, Reagan announced he South, some changes for the good oc- time. I also said I would find out if the would replace three commissioners on curred, and the Senate’s work helped Senate could remove him. In my view, the panel—Mary Frances Berry, achieve successes in the area of civil he was deceptive, lacking in forthright- Bladina Cardenas Ramirez, and Rabbi rights. It voted down some individuals ness, evasive, and misleading during Murray Saltzman. According to Con- because of reasonable doubts concern- his testimony. gressional Quarterly, the President ing their impartiality in carrying out ROBERT BORK’S NOMINATION sought to remove these commissioners the duties of the office for which they Another individual I ultimately de- because they had criticized his admin- were being nominated. These men in- cided to vote against was Judge Robert istration’s policies. To replace them, cluded William Bradford Reynolds, Bork, nominated to become an Associ- the President announced that he would Judge Robert Bork, Clarence Thomas, ate Justice on the Supreme Court. I appoint Morris Abram, John Bunzel, Kenneth L. Ryskamp, William C. was somewhat disconcerted by com- and Robert Destro. Some alleged that Lucas, and Jefferson Sessions. ments he had made, particularly with Reagan selected these replacements be- With regard to these nominations, regard to rights guaranteed by the con- cause they opposed affirmative action my opposition was based on doubts— stitution—rights he said he did not see, and busing. doubts about qualifications and about but which had been seen by the courts President Reagan had clearly chal- their impartiality as to racial and civil and Congress on numerous occasions. lenged the independence of the com- rights matters. However, I always tried Most important, though, in the end, I mission. And the Senate Judiciary to maintain my sense of objectivity. I did not feel confident I knew what October 1, 1996 CONGRESSIONAL RECORD — SENATE S12085 Judge Bork would do on the Supreme A number of mailing and telephone rights. Thomas advocated this position Court. Since the nomination was for campaigns increased this political na- in a 1987 speech before the Pacific Re- life, I just could not vote for Judge ture of the debate. I was even told that search Institute, citing the libertarian Bork. my own voice, or an imitation, was Stephen Macedo. I believe, though, President Reagan nominated Judge used in a telephone solicitation I cer- that modern constitutional jurispru- Bork, who was, at the time, serving on tainly did not authorize. The spill-over dence has moved beyond the Lochner the D.C. Circuit Court of Appeals, in from the Bork nomination lingers to era which relied on natural law, and 1987. Bork’s advocates argued that he this day, and has affected other nomi- that individual rights are just as im- was a conservative judge who tended to nations since. portant as property rights, perhaps defer to legislatures on political mat- CLARENCE THOMAS’ nomination even more so. The Supreme Court has ters. But his opponents said that he In October 1991, I voted against con- long recognized congressional author- was an activist, seeking to implement firmation of Supreme Court Justice ity to regulate commerce. As I stated, his own agenda. From this dispute, and Clarence Thomas’ nomination. Al- according to the libertarian view, we others, the Senate entered into one of though I reserved my judgment, as al- would have no laws to guarantee occu- the most contentious confirmation de- ways, until the nominee had been given pational safety and health, to preserve bates of my tenure. a chance to be heard, I came out the environment, to protect consumers Controversy developed because Bork against Clarence Thomas well before I from unsafe food, to require airline had, in earlier statements and knew of Anita Hill’s allegations. I just safety, or to establish a minimum wage. writings, criticized the constitutional- did not feel that Clarence Thomas was All of these concerns led me to ity of a number of Supreme Court deci- qualified, at that time, to assume a sions affecting individual rights. He doubts. I simply could not justify vot- lifetime seat on the Supreme Court. ing for a nominee whose positions re- had argued for a restrictive interpreta- I do support a moderately conserv- mained so enigmatic, particularly tion of the 14th amendment with re- ative court. But I oppose a right-wing gard to sex. Bork had also criticized de- when he had been nominated to the Su- court which would embrace a regres- preme Court for life. cisions which struck down laws be- sive philosophy, which would attempt The peculiarities surrounding the cause they impinged on individual pri- to rewrite or strike laws written to nomination only increased after that vacy, a right Bork had argued was nei- overcome years of racism in America. I time. In early October, the public be- ther explicitly nor implicitly provided strongly feared that Clarence Thomas came aware that Anita Hill, a former by the Constitution. The decisions he would advocate such right-wing posi- Thomas employee, had alleged that the had cited included the striking of a tions. nominee had made unwanted sexual ad- Connecticut law which banned contra- I also had reservations based on the vances and comments toward her over ceptives, as well as the Roe versus contradictory nature of Thomas’ state- a number of years. I did not know if Wade decision. Regardless of whether ments on his fundamental view of the Thomas, or Hill, were telling the truth, or not I agree with Roe versus Wade, I law. He had made a number of state- or if neither was telling the complete do believe in the right to privacy, and ments and written a number of articles truth. unlike Judge Bork, I do see it in the before the hearings which the commit- I had not known about these allega- Constitution. tee called on him to explain. His an- tions until after I made my initial Notably, Bork had also written that swers, however, did not satisfy me; statement opposing Thomas. The after- the first amendment applied only to they showed a man who had seemingly noon after my speech, Chairman BIDEN political speech in a 1971 law review ar- changed his essential perspective. informed me of the an FBI file which ticle. He followed this with a television At the time, I did not know what the included the charges. I did vote against statement in 1987 in which he said real Clarence Thomas was like or what the committee motion to report the ‘‘other kinds of speech, speech about role he would play on the Supreme nomination favorably to the floor, moral issues, speech about moral val- Court, if confirmed. In fact, I was very which failed in a tie, although I sup- ues, religion and so forth—all of those much concerned that Thomas’ incon- ported sending it to the full Senate things feed into the way we govern our- sistencies suggested either intentional without a recommendation. But I had selves.’’ deception or a lack of scholarly, con- no reason, whatsoever, to change my During his testimony before the Ju- sidered thought. position; Thomas’ record, testimony, diciary Committee, we questioned One example of my specific reserva- and lack of qualifications were reason Bork on his earlier statements and de- tions was the nominee’s apparent shift enough to oppose his confirmation. cisions. Several of us argued that Bork in his view of natural law. Thomas had JEFFERSON SESSIONS’ NOMINATION was trying to relax his image during criticized the ‘‘nihilism of [Oliver Wen- On June 5, 1986, the Senate Judiciary these hearings. In fact, Senator LEAHY dell] Holmes,’’ who rejected natural Committee rejected President Reagan’s called Bork’s seemingly changing be- law. However, before the committee, he nomination of Jefferson Sessions to be- liefs ‘‘confirmation conversion.’’ Un- rejected these earlier statements. He come a Federal district judge in Ala- certain of Bork’s actual position, I said he made them ‘‘in the context of bama. There were ten Republicans and cited Bork’s ‘‘confirmation protesta- political theory,’’ and described him- eight Democrats on the committee. tions’’ when I stated my final decision. self as a ‘‘part-time political theorist.’’ The vote for disapproval of his nomina- I voted against the nominee in the Thomas had also criticized the Brown tion was 10 to 8, with two Republicans Judiciary Committee, and I also voted versus Board of Education of Topeka, voting against him. against him in the full Senate. I gave KS, decision. And when questioned, Sessions was, at the time, a U.S. at- statements before that committee and Thomas said that he had never even torney in Alabama. Certain of my col- on the floor reciting many of the rea- discussed Roe versus Wade. I would not leagues on the committee criticized sons for my opposition to his confirma- have opposed the nominee based on his comments Sessions allegedly made tion. The bottom line was that I just position on this single case, whatever against various civil rights organiza- did not known how Bork would treat it may have been, but I found it ex- tions as well as favorable comments essential, fundamental rights in his tremely unlikely that Thomas had made about the Ku Klux Klan. These rulings. never discussed Roe versus Wade, a de- comments, they argued, showed a The debate over Judge Bork, I might fining point in the laws of this country. ‘‘gross insensitivity’’ to racial matters. note, was a particularly unpleasant In fact, I was not certain that he was My decision to oppose Sessions was one. The media became so involved and being completely forthcoming, espe- very difficult. Of course, he was from the attempts to politicize the debate cially considering the polarizing na- my home State of Alabama. Frankly, I from both sides became so acidic, that ture of this particular case in Supreme just did not know whether he would be I felt a particular need to speak on the Court confirmations. a fair and impartial judge. My state- floor about the potentially damaging I was also deeply concerned about ment before the committee recited effects on the judiciary. But, of course, Thomas’ advocacy for an activist Su- that since this was a lifetime appoint- this type of public intensity has sur- preme Court which would strike down ment, we should be very cautious about rounded other nominations since. laws because they restrict property his fairness and impartiality. S12086 CONGRESSIONAL RECORD — SENATE October 1, 1996 WILLIAM C. LUCAS’ NOMINATION was one; Reed urged confirmation be- Nine Latin American members of the In 1989, I voted against William C. cause, at the time, there had been only Florida State Legislature wrote a let- Lucas’ nomination to become the As- one African-American in the post. An- ter to express their belief that sistant Attorney General in charge of other supporter was Alvin Holmes, the Ryskamp had ‘‘* * * demonstrated in- the Civil Rights Division. Mr. Lucas senior black member of the Alabama sufficient sensitivity to ethnic minori- happened to be an African-American, House of Representatives. These men ties and other groups who have tradi- and I do not believe I can state strong- both noted their belief that Lucas’ op- tionally been the objects of discrimina- ly enough my belief in the substantive ponents had based their views solely on tion.’’ In my opposition to Ryskamp, I and symbolic importance of nominat- qualifications. A final example of weighed this information, and I con- ing blacks to these positions. However, Lucas’ supporters was Father William cluded that, if the representatives of when I weighed the evidence, I found Cunningham, director of Focus HOPE such a large population felt they would that Mr. Lucas simply was not quali- of Detroit. not receive justice, Ryskamp could not fied to head the Civil Rights Division. Congressional Quarterly reported on dispense it. With regard to this last Lucas had worked in the Civil Rights certain questions surrounded Lucas’ point, I believe it is important to note Division in 1963, had been in the FBI, record, including brutality in the that these lawmakers were Repub- and he had been the Wayne County, Wayne County sheriff’s department, a licans, and they had no partisan moti- MI—which includes Detroit—sheriff customs dispute, and exaggerations on vation. and county executive before President his resume. CREATION OF THE 11TH CIRCUIT Bush nominated him to this post. But After hearing all of this information, As a past chairman and now ranking he had only just begun to practice law, I finally decided to vote against Mr. member of the Judiciary subcommittee and he had never represented a client Lucas. I based my decision in large which oversees court reform and judi- in court. part on the importance of the position. cial administration, one of my great Lucas’ lack of legal experience The head of the Civil Rights Division interests as a Senator has been that of showed during the hearings. Lucas perhaps has more responsibility than improving and streamlining judicial downplayed the importance of recent any other single individual for ensur- procedure and process. In June of 1980, Supreme Court decisions on civil rights ing the security of our civil rights. The I introduced a bill to divide the Fifth individual who assumes this role laws, commenting ‘‘I’m new to the Circuit Court of Appeals into two should be well qualified to deal with law.’’ And when the Chairman asked courts. On October 1, the Congress the intricacies of the law. Lucas about his view on the recent passed, by voice vote in both chambers, Mr. Lucas, I believed, did not possess the House version of the bill to divide trend in the Supreme Courts decisions sufficient legal experience to under- on civil rights laws he said, ‘‘I have to the circuit. This bill became Public take the task, and I cast the deciding Law 96–452. answer as a politician because I have vote against him. I argued that, al- not thought about the answer.’’ Fur- At the time, this circuit included though his supporters and Mr. Lucas Texas, Louisiana, Mississippi, Georgia, ther, during the hearings, a number of himself cited his accomplishments in civil rights activists testified or sub- Florida, and Alabama; this legislation Wayne County, the controversy sur- broke off Georgia, Florida and Ala- mitted statements to the effect that rounding them, including brutality in Lucas was not qualified to fill the posi- bama to create the new 11th Circuit, the sheriff’s department, indicated to and the others remained as the new tion. me that his managerial abilities were While he emphasized that he did not fifth circuit. also questionable. After the committee The split had been considered several object to Lucas’ views, Ralph G. Neas, vote, Ralph Neas who had testified times before, but that year, I intro- executive director of the Leadership against Lucas, announced a success for duced the legislation in response to a Conference on Civil Rights opposed civil rights. request made by the court’s judges. Lucas on his ‘‘lack of civil rights and KENNETH L. RYSKAMP’S NOMINATION This request came to me as a formal legal experience.’’ Elaine Jones, deputy I cast the deciding vote against Ken- petition, signed by all twenty-four director counsel of the NAACP Legal neth L. Ryskamp of Florida, whom judges sitting on the court. Among Defense and Education Fund, testified President Bush had nominated to the these were Frank Johnson, Joseph that, although her group initially 11th Circuit Court of Appeals. This cir- Hatchett, the first African-American wished to support Lucas, it found that cuit covers Florida, Georgia, and my on the court, and Bob Vance. Judge he did ‘‘not have the training and the home State of Alabama. President Johnson became the court’s spokesman background to litigate and understand Bush actually nominated Ryskamp for the split during hearings on the the litigation process.’’ Citing the need twice. The first time was in 1990, and matter in the House of Representa- for experience in Federal litigation, the Judiciary Committee tabled the tives. Drew Days, a professor at Yale Law nomination that year. The main purpose of the bill would be School and a former holder of the posi- Ryskamp had been criticized by Peo- to promote judicial efficiency. Individ- tion Lucas would fill, said Lucas’ con- ple for the American Way, a civil lib- ual judges in the circuit were burdened firmation would ‘‘be a frustration of erties group which found that he had by an excessively large caseload. Fur- the mission that Congress envisioned ruled against more civil rights plain- ther, the entire court had accrued the when it created that office in 1957.’’ tiffs than any other judge nationwide. largest ‘‘en banc’’ caseload in U.S. judi- William L. Taylor of the Citizens’ Com- He had also belonged to a country club cial history. mission on Civil Rights testified for his which had an implicit policy of dis- In the past, civil rights groups had group, noting his personal belief that crimination against African-Americans opposed the split because, given the lo- Lucas did not meet the standards set and Jews. cation of the circuit, it heard the most by his organization. Arthur L. John- Also haunting Ryskamp was a spe- important civil rights cases in the son, president of the Detroit branch of cific case in which a number of Afri- country. Therefore, these groups did the NAACP said, ‘‘We do not believe can-Americans in West Palm Beach, in- not want to see a more conservative that he [Lucas] is suitable for this cluding those who had not been found court created. highly specialized and important as- guilty of any crime, filed a complaint In fact, during the House subcommit- signment where the public interest is because they had been attacked by city tee hearings, Judge Johnson testified so sharply focused, and where the trust police dogs. Although the jury had that he had been opposed to earlier in- of black Americans, and civil rights ad- found the city, individual police par- carnations of the proposal. He said, vocates in particular, should be sought ticipants, and the former police chief ‘‘* * * the basis for my opposition was and even enhanced.’’ John H. Bu- guilty of civil rights violations, a firm belief that the proposal would chanan, Jr., of the People for the Ryskamp threw out the conviction have a substantial adverse effect on the American Way also argued that Lucas against the city and the police chief. disposition of cases in the fifth circuit was ‘‘inadequately qualified.’’ He said: ‘‘It might not be inappropriate that involved civil and constitutional On the other hand, some civil rights to carry around a few scars to remind rights.’’ After a careful evaluation of leaders supported Lucas. Dr. Joe Reed you of your wrongdoing in the past, as- the judges who would go to the dif- of the Alabama Democratic Conference suming the person has done wrong.’’ ferent circuits, Judge Johnson changed October 1, 1996 CONGRESSIONAL RECORD — SENATE S12087 his position to become the spokesman Joe Reed, I introduced a bill in the as much as any individual, for stopping for the split. summer of 1991 to name the Federal racially motivated bombings like the According to the circuit judges’ pro- courthouse in Montgomery the Frank one which killed him. We need more posal, this split was to be dissimilar to M. Johnson U.S. Courthouse. This bill men like Judge Vance—men who have the earlier suggestions in two ways. It became Public Law 102–261. the courage to follow the moral im- would not reduce the cases filed, nor I felt that it was most appropriate to peratives of their conscience. would it create courts whose views dif- name this particular courthouse after A few months later, I worked to pass fered from the present court’s. With re- Judge Johnson because it was there he a bill which renamed the courthouse at spect to these modifications, the peti- began his career as a Federal judge. 1800 5th Avenue in Birmingham the tion read that the division could be ac- Judge Johnson’s courtroom truly re- ‘‘Robert S. Vance Federal Building and complished ‘‘* * * without any signifi- flected the terms rule of law and equal United States Courthouse’’—Public cant philosophical consequences within protection of the law. And despite Law 101–304. I hope that this stands as either of the proposed circuits.’’ threats on his life, Judge Johnson at a testament to this great man’s work As a Congressman from Mississippi, all times courageously upheld equal to fight racism, and as a symbol of the Jon Hinson, pointed out during the justice under the law. work we have done as well as what we hearings, the new courts would reflect I can only hope that this courthouse have yet to do. will continue to symbolize Judge John- a balance in their philosophy, at least THE DAUGHTERS OF THE AMERICAN son’s work, and to be a temple of jus- as measured by the President who ap- CONFEDERACY INSIGNIA PATENT pointed the judges. Nine of the 14 tice. Earlier, I alluded to the United judges on the fifth circuit were to be THE HUGO BLACK COURTHOUSE Daughters of the Confederacy insignia Carter’s appointees, as were 7 of 12 on In 1983, I introduced a resolution to debate. Although I firmly believe that the 11th circuit. designate February 27, 1986, Hugo La- it was the right thing to do, I made one Other former opponents, including Fayette Black Day. This day marked of my most difficult and unpopular de- Judge Hatchett and U.W. Clemon, sub- the 100th anniversary of the late Su- cisions as a Senator in 1993 when I mitted letters to the subcommittee ex- preme Court Justice’s birth. The reso- voted against the special treatment ex- plaining why they had changed their lution became public law 98–69. tension of the design patent for this Justice Black was born in Clay Coun- views. Judge Hatchett noted that the group. My personal family history is ty, Alabama, and he was graduated new Fifth Circuit Court would have no profoundly connected to the Confed- with honors from the University of AL African-American judges, a matter eracy. My maternal grandfather was a Law School. He was a practicing law- which had caused many objections. signer of the Ordinance of Secession by yer, a prosecuting attorney, and a po- However, he wrote that this matter which Alabama seceded from the could be addressed later. ‘‘While I un- lice court judge in Birmingham, and he distinguished himself in all of these po- Union, and my paternal grandfather derstand the apprehension caused some was a surgeon in the Confederate persons by two ‘new courts,’ I do not sitions. He went on to become a Sen- ator from Alabama, where, among Army. I also had several close relatives believe their fears are well founded,’’ other things, he sponsored the first who were killed while serving in the he wrote. ‘‘The two courts that will minimum wage bill. In 1937, Hugo Confederate Army. All of these family emerge from this division will probably Black became Franklin D. Roosevelt’s members were convinced that their be no different from the existing fifth first nominee to the Supreme Court. cause was right. Honor was their chief circuit.’’ Judge U.W. Clemon wrote Justice Black served there through six motivation at the time, and these men that, although he had opposed the 4 to Presidents and five Chief Justices. believed that their honorable course 2 split, this new proposal ‘‘will not ad- I know that Justice Black was a was to defend their cause and home- versely impact on civil rights.’’ Clemon great champion of civil rights who saw land. I felt a tremendous amount of added that it would, in fact, speed the the law as a tool to improve everyone’s conflict as I thought about the issue. 2-year lag time in the filing of civil condition. He had a strong work ethic Senator CAROL MOSELEY-BRAUN, our rights cases. and a delightful sense of humor, and he only black Senator, eloquently argued THE FRANK JOHNSON COURTHOUSE had a great sympathy for victims of in- against extending the patent. Her During my first year as a Senator, I justice. Chief Justice Burger once said, words made me consider, carefully, strongly supported the nomination of ‘‘He loved this Court as an institution, whether we in the Congress truly need- Judge Frank M. Johnson, Jr., to be- and contributed mightily to its work, ed to extend a special recognition for come a U.S. circuit judge in what was to its strength, and to its future. He re- this symbol of the past. After some then the Fifth U.S. Circuit Court of vered the Constitution: * * * But above considerable thought, I decided that Appeals. Judge Johnson stands out as all he believed in the people.’’ honor is still a chief motivation. How- one of the most outstanding jurists of In 1987, I also worked to pass a bill to ever, although I revered my ancestors, our times. name the new Federal courthouse in honor had taken a different meaning I believe that Judge Johnson has Birmingham for Hugo Black. This bill after one hundred and twenty-eight done more in the field of civil rights became Public Law 100–160. Former years, and I believe I did the right than almost any other single judge. He Congressman Ben Erdreich from my thing just as they did. wrote or took part in numerous histor- State of Alabama sponsored the bill in In May 1993, Senator MOSELEY-BRAUN ical decisions including those in mat- the House. had convinced the Judiciary Commit- ters of desegregation, voter registra- THE BOB VANCE COURTHOUSE tee to delete provisions of a bill which tion, and reapportionment. He was also In January 1990, I was deeply sad- extended the design patent concerning variously involved in cases which es- dened by the murder of my very close the Daughters of the American Confed- tablished new standards in mental friend, Bob Vance, who served on the eracy. She argued that she did not op- health programs and prisoners’ rights. 11th Circuit Court of Appeals. Judge pose the group’s freedom to use what- Notably, in 1978, Johnson became the Vance was murdered by a mail bomb ever symbol it should chose, but in- first Federal district judge to find that which also seriously injured his wife, stead she questioned the need for the an African-American educational insti- Helen Rainey Vance. Congress to endorse a Confederate sym- tution discriminated against whites in I spoke on the floor to honor his bol with the special protection when an its hiring practices. memory, and his great accomplish- extension could be obtained through At the time, I predicted that the Sen- ments in civil rights; sadly, it seemed the Office of Patents and Trademarks ate would not have the pleasure of con- clear that his efforts to further the in the normal routine manner. firming a better candidate for circuit rights of all citizens motivated his However, the matter came before the judge in many years. To Judge John- murderer. I wanted, as best I could, to full Senate two months later as a son’s credit, I believe that my pre- state, unequivocally, that he did not Helms amendment to a bill we were diction has come true. die in vain, that his work to ensure ra- considering at the time. To further honor this man, whose cial equality did not die with him. Senator MOSELEY-BRAUN again op- fairness and judicial temperament I I wanted, very much, for everyone to posed the amendment, and she made deeply respect, at the suggestion of Dr. know that Bob Vance was responsible, some compelling arguments on the S12088 CONGRESSIONAL RECORD — SENATE October 1, 1996 floor. She objected to a special Con- loosa UDC, called RICHARD SHELBY a voted down another to allow for special gressional honor since it would, she traitor because he also joined Senator procedures for itself. Among all of the said, conversely dishonor her own an- MOSELEY-BRAUN. The Montgomery Ad- amendments, however, I think the cestors. She explained: vertiser also reported objections from most important was Senator KEN- * * * the United Daughters of the Confed- members of the UDC and the Sons of NEDY’s amendment to eliminate the re- eracy have every right to honor their ances- Confederate Veterans. quirement of quotas as a remedy in the tors and to choose the Confederate flag as The UDC in my own home town of bill. their symbol if they like. However, those of Tuscumbia was notably upset with the However, despite the Kennedy us whose ancestors fought on a different side Senate. The President of this chapter in the Civil War, or who were held, frankly, amendment, President Bush vetoed the expressed her disappointment with me as human chattel under the Confederate flag, bill based on an objection to quotas. are duty bound to honor our ancestors as for not stating that the war, and the symbol, were not over slavery. A ‘‘It is neither fair nor sensible to give well by asking whether such recognition by the employers of our country a dif- the U.S. Senate is appropriate. former president of the Alabama Unit- ficult choice between using quotas and I listened to this argument and con- ed Sons of the Confederacy, said: seeking a clarification of the law sidered it carefully. With a divided ‘‘What is going to be interesting is through costly and very risky litiga- mind, I ultimately agreed with Senator when (HEFLIN) tries to run for re-elec- tion,’’ he argued in his veto message. MOSELEY-BRAUN. In its later report, tion’’. * * * ‘‘He’s got about as much Congressional Quarterly called my de- chance as the proverbial snowball when I was disappointed by the veto and cision ‘‘Perhaps the turning point in he’s got these women mad at him.’’ puzzled by the President’s reasoning. the debate,’’ which, until that time, On July 24, the Mobile Register edi- The bill, I said, included language ex- had gone against Senator MOSELEY- torialized that Senator SHELBY and I plicitly stating that ‘‘nothing in the BRAUN. were ‘‘swept into political correctness amendments made by this Act shall be Our colleague from New Jersey, Sen- along with * * * other colleagues * * * construed to require or encourage an ator BRADLEY referred to my decision to reject a patent for an insignia of the employer to adopt hiring or promotion in his engaging memoir ‘‘Time Present, United Daughters of the Confederacy.’’ quotas on the basis of race, color, reli- Time Past’’. He wrote, ‘‘HEFLIN, who The editorial further asserted that re- gion, sex or national origin.’’ I judged through his actions as a lawyer and jection of the patent extension would that the bill would only have restored judge had long championed racial jus- do nothing to prevent racism. employment practices to the standard tice, rose and said, ‘I have many con- But some articles and editorials were before the Supreme Court restrictions. nections through my family to the more favorable. On July 23, the Mobile The next year, the Congress and Daughters of the Confederacy organiza- Press printed an article in which it President Bush compromised on a new tion and the Children of the Confed- chose to quote a number of my col- eracy, but the Senator from Illinois leagues who supported my decision, version of the bill, which the President * * * is a descendant of those that suf- and the Anniston Star printed an edi- declared free of quotas. This bill be- fered the ills of slavery.’ I have a legis- torial supporting my decision. This edi- came Public Law 102–166. lative director whose great-great torial denied that I did my ancestors a Congressional Quarterly suggested grandfather was a slave. I said to my dishonor; in fact, the editorial was so that Bush moved, in large part, be- legislative director, ‘Well if I vote with complimentary as to call my decision cause his civil rights record had earned Senator MOSELEY-BRAUN, my mother, courageous. On the 24th, the Andalusia him enemies in the African-American grandmother, and other ancestors will Star-News gave me the same com- community. This publication also turn over in their graves.’ He said, pliment. wrote that the President had other po- ‘Well, likewise, my ancestors will turn The same day, the Birmingham News/ litical reasons to support the bill. Not over in their graves [if you vote Post Herald editorialized that the pat- least among these were the Thomas against it].’ ’’ ent issue would be resolved only ‘‘To hearings and the GOP candidacy of I do not believe, nor did I believe the satisfaction of neither side.’’ The former Klansman David Duke for Gov- then, that the Daughters of the Amer- editorial noted that Senator SHELBY’s ernor of Louisiana. But to suppose that ican Confederacy is inherently racist and my votes ‘‘didn’t help them with he was motivated only by his own gain nor that it takes part in racist activi- the average white voter.’’ But it added strikes me as cynical; I believe that ties. But I do believe that the U.S. Con- a great compliment to us both by sug- the President deserves credit for sup- gress should not provide a special gesting that integrity played a part. porting and signing this Act. honor, as Senator MOSELEY-BRAUN ar- THE CIVIL RIGHTS RESTORATION ACT Ultimately, we worked out a com- gued, for a symbol that offends a large In 1990, the Congress passed a bill to promise which passed as the Senate part of its constituency. In America, restore interpretations of employment we have a long history of racial in- civil rights laws recently limited by bill. It modified title VII of the 1964 equality to correct, and I believe much the Supreme Court. But President Civil Rights Act to establish specific remains to be done. I also believe that, Bush vetoed the bill in the fall, and we compensatory and punitive damages for substantive efforts to succeed, we failed to override the veto in the Sen- capped according to the size of the must work symbolically as well. ate. business in cases of intentional bias, On July 23, the Huntsville News, the This bill was generally called a civil and it allowed for complainants to seek Selma Times-Journal, the Dothan rights restoration bill because its spon- jury trials under this section. The com- Eagle, the Mobile Register, the Bir- sors sought to overturn a number of promise also rewrote statutes to over- mingham Post-Herald, the Opelika-Au- Supreme Court decisions issued in the turn, effectively, nine Supreme Court burn News, the Montgomery Adver- late 1980’s. Congress felt the Court had rulings. In answer to Wards Cove, the tiser, and the Gadsden Times wrote become too conservative, depending new law returned the burden of proof in that I had ‘‘turned [my] back on [my] too heavily on the exact wording of the discrimination cases to the employer, Confederate forefathers.’’ law and sacrificing some of its mean- although it left the definition of busi- On July 24, the Gadsden Times, the ing. With respect to the civil rights ness necessity to the courts. It prohib- Dothan Eagle, the Decatur Daily, the cases, particularly, I think the bill’s ited racial harassment after hiring, Talladega Daily Home, and the Colum- authors felt that the Court had re- contrary to Patterson versus McLean bus Ledger-Enquirer reported that stricted the laws too much, and I Credit Union. It overturned Martin ver- ‘‘Southern preservationalists portrayed agreed with them. sus Wilks by setting specific statutory Sen. HOWELL HEFLIN as a Yankee-sym- A filibuster met this bill when it guidelines for third party challenges to pathizing turncoat Friday for his dra- came to the floor in July. At this time, consent decrees in affirmative action matic floor speech and vote against an a number of Senators offered amend- cases. Against Price Waterhouse versus insignia bearing a Confederate flag.’’ ments to the bill. I co-sponsored one of- Hopkins, it specifically disallowed con- The Tuscaloosa News also reported fered by Senator FORD to apply the sideration of race, color, religion, sex these objections, and it wrote that provisions of the bill to the Senate. or national origin no matter what cir- Frances Logan, president of the Tusca- The Senate passed this rider, and it cumstances otherwise surrounded the October 1, 1996 CONGRESSIONAL RECORD — SENATE S12089 hiring. The new law also allowed a pe- movement and who applaud the office in Birmingham since 1970, and at riod of time to pass after seniority sys- progress which has been made in terms the time of our letter, he was a senior tems are implemented in order to ex- of race relations, these latest images in criminal investigator. He was also in amine their effects before discrimina- the early hours before dawn were pro- his last year of law school at the Bir- tion suits need to be filed. This statute foundly disturbing. mingham School of Law. was a response to Lorance v. AT&T. It I supported this bill and other efforts That year, Senator SHELBY and I also further amended Title VII to allow for to stop these kinds of hate crimes, recommended Florence Mangum those winning suits against the U.S. bring their perpetrators to justice, and Cauthen to the middle district on Au- government to recover interest on encourage compliance with the law. I gust 6, and she became the first female delays, contrary to Library of Congress also saw this as an opportunity to ask U.S. Marshal in Alabama. Among her v. Shaw. In order to reverse Crawford ourselves if we can do more to advance other accomplishments, Ms. Cauthen Fitting Company versus J.T. Gibbons the causes of equal rights and racial had taught law at Jones Law School. Inc. and West Virginia University Hos- harmony. I also called for the author- TITLE III OF THE HIGHER EDUCATION ACT pitals v. Casey, it also modified this ization of a transfer of funds to be used I sought to have a number of Ala- section to allow for recovery of the to implement the provisions of this act bama colleges funded through title III costs in hiring experts. Last, it allowed at the State and local levels of govern- of the Higher Education Act. I sup- American workers abroad to sue U.S. ment. ported a proposal to separate the gen- companies for discrimination, against eral college at Tuskegee University the Supreme Court’s EEOC versus Ara- DESIGNATION OF THE ROUTE OF THE FREEDOM MARCH FROM SELMA TO MONTGOMERY AS A from its renowned School of Veterinary bian American Oil Co decision. NATIONAL TRAIL Medicine so that both institutions Congressional Quarterly wrote that In 1990, I worked with Senator KERRY could receive the benefit of title III. the language to reverse the Wards Cove to introduce a bill to require a study to Normally, schools such as Tuskegee, decision—with reference to indirect include the Route of Freedom, from which are considered developing insti- discrimination, called disparate im- tutions, receive only one grant under pact—was vague, and left much unde- Selma to Montgomery, in the national trails system. I introduced another in this law. cided. This vagueness was a function of Additionally, I saw that junior col- the compromise we reached with Presi- 1995 to officially include the Route of Freedom in the system. leges were included in the title III de- dent Bush. veloping institutions programs. Over I was disappointed with the law’s Although a conference report is still the years, I have worked closely with failure to apply the same statutes to pending, the provisions to designate Senate employment as in the private the Route of Freedom a national trail the Department of Education to see sector. The bill, however, did include passed the Congress in the House’s Pre- that junior colleges and historically measures to prevent employment dis- sidio bill, a larger parks bill. black institutions receive title III crimination which held Senators per- SANCTIONS AGAINST SOUTH AFRICA funds. These resources have been ex- sonally liable. Beginning in the summer of 1985, I tremely beneficial. In the early 1980’s Alabama Christian This measure represented a key step voted for the imposition of sanctions College—now Faulkner University— in the elimination of discrimination, on South Africa, and I supported them was turned down for a title III Develop- an end I believe the people of America until the end of apartheid. Although ing Institutions Grant by the Edu- and Alabama were—and are—working these sanctions remained somewhat cation Department. Fortunately, we very hard to attain. unpopular in my home State, I believed were able to prevail upon the Depart- THE LEGAL SERVICES CORPORATION that they were the right thing to do. ment and the White House. On a late During the 1980’s, Congress saved the Events since then have shown that Sunday afternoon, officials of the de- Legal Services Corporation, which pro- sanctions did help bring about an end partment reassembled outside readers vided legal assistance to the poor in to apartheid and create a more stable and determined that Alabama Chris- civil litigation. This action followed a society. tian College’s title III application series of attacks leveled by President AFRICAN-AMERICAN STAFF MEMBERS Reagan; each year he tried to abolish should be granted. A few years later, Over the years, I have had many this school received a challenge grant the corporation, and during that time, black staff members. In fact, I believe he also tried to restrict its activities in the amount of $1,000,000 to assist in that I have had more African-Ameri- its development efforts. and reconstitute its board. Since the cans working for me than other Sen- CONCLUSION Senate would not support his nomina- ators. My legislative director, office tions, he made many of them in recess. As I reflect upon my Senate activi- manager, mobile field coordinator, and ties in connection with civil rights, a Ultimately, after the Congress pushed others are black. funding through each year, Reagan number of thoughts come to mind, in- As I have said, I believe that inclu- cluding those surrounding my decision gave in and requested money for the sion of blacks in government helps LSC in his last budget request. to run for the U.S. Senate. overcome symbolic and substantive ob- I fought very hard to continue the Senator John Sparkman was in his stacles to equality. However, it just Legals Services Corporation because I late seventies, and many of his friends believe it is essential to true equality happened that these staffers applied, did not think he would be a candidate of justice. Given increasing fees and and they were best qualified to do the for reelection in 1978. Then-Governor costs, the American system of justice job. This is the way it should be in all George Wallace had announced his in- continues to become more difficult for cases. tention to run for the Senate and was the poor to access. And this unfortu- BLACK FEDERAL MARSHALS IN BIRMINGHAM already conducting a tough campaign nate reality has had a disproportionate In 1993, I worked with black political against Senator Sparkman. I had al- impact on minorities. Its continuation leaders in Alabama to recommend two ways been a strong supporter of Sen- represented a great victory for the African-American U.S. Marshals in my ator Sparkman. I was told by friends of Congress and the people. home State. These men, Robert Moore his to look at the possibility of running CHURCH ARSON and Bill Edwards, were very well quali- in the event that Senator Sparkman In June 1996, I strongly supported S. fied for the positions—perhaps even decided to retire. 1890, a bill to increase Federal protec- overqualified when compared with the I had polls conducted pitting my can- tion against arson and other destruc- usual candidates for this position. didacy against that of George Wallace. tion of places of religious worship. For Robert Moore had recently retired The initial polls showed that if I were the past couple of years, black church- from the Secret Service, where he had to run, Wallace would be far ahead of es had been burned under suspicious served as a special agent for 8 years— me. As I recall, the numbers first circumstances and with alarming fre- the last four in senior status. polled showed that Wallace would get quency, and a national response was On July 15, 1993, Senator SHELBY and about 45 percent and that I would get strongly needed. I recommended Bill Edwards for the only about 17 percent. But my pollster, To those of us who remember the vio- northern district of Alabama. Mr. Ed- Peter Hart, indicated that there was a lence and fires of the early civil rights wards had been with the U.S. Marshal’s large amount of negative feeling in the S12090 CONGRESSIONAL RECORD — SENATE October 1, 1996 State toward Wallace at that time and ator from Alabama who believed in veto of legislation which would pro- expressed his opinion that I could win civil rights and who took positive steps hibit a physician from performing a such a race. One of the motivating rea- to advance the individual rights of all partial-birth abortion, a procedure in sons that caused me to give serious persons. which a fetus is delivered into the birth consideration to the race was that I Mr. President, despite all the canal before its skull is collapsed and felt that Alabama should be rep- progress in race relations and civil delivery is completed. This legislation resented by a senator who believed in rights over the years, there is still contains a provision which would make the improvement of race relations and much to be done. Our work remains un- an exception for partial-birth abortions progress in the area of civil rights. finished, as the church burnings illus- that are necessary to save the life of I met with Senator Sparkman in trate. When I reflect on these horrify- the mother in cases in which no other Washington, and he told me about how ing arsons and the death of Judge Bob medical procedure would suffice. he had entered his first race for Con- Vance just a few years ago, I am again I simply cannot justify the use of gress. Archie Carmichael was then the reminded of just how much remains to this procedure to terminate preg- Congressman from Senator Sparkman’s be done. nancies in which the mother’s life is district, and Sparkman had been his Perhaps it is unrealistic to believe not at stake. For this reason, I voted to campaign manager when he was elect- that we can ever have a truly color- override the President’s veto and to ed. Congressman Carmichael did not blind society. As long as fear, igno- support the ban on partial-birth abor- enjoy being a Congressman, only serv- rance, and emotion guide some peoples’ tions. ing two terms. He called John thinking, there will be prejudice and f Sparkman to Washington and told him bigotry. But we can look at the great that he ought to get ready to run for progress we have made—just in the 18 OMNIBUS APPROPRIATIONS BILL his congressional seat; that he had not years since I came to the Senate—and Mr. FEINGOLD. Mr. President, yes- made up his mind yet, but that there say that we are doing better. terday I was one of a handful of Mem- was a strong possibility that he would Members might differ on their ap- bers of the Senate to vote against the not offer himself for reelection and proaches to civil rights issues. These FY97 omnibus appropriations bill. that Mr. Sparkman should get ready to approaches will take on different forms This was a difficult vote and I have run in the event he did not seek his based on the region of the country we mixed feeling about passage of this congressional seat again. He said to come from, our personal philosophical bill. me, ‘‘I am telling you that story be- beliefs, and our political parties. My While I am pleased a Government cause I think you ought to get ready to approach has been to do as much as shutdown was avoided, I am dis- run for the Senate against Wallace.’’ I possible in the public arena to advance appointed in the way the process was thanked him and told him I would fol- opportunity and justice. At times, this handled. low his advice. I also relayed to him has meant working behind the scenes Various measures that warranted that Congressman Archie Carmichael to secure progressive judicial nomina- separate consideration, ranging from was my wife’s grandfather. Sparkman tions, to craft compromise legislation the immigration bill, to amendments said he knew that and that was one of that could pass and be signed into law, to the age discrimination law to bank- the reasons he wanted to tell me the and working with both sides of an issue ing legislation, were wrapped into this story. to cool passions and promote harmony. massive bill. The measure was hun- A few weeks later, Senator At other times, it has meant taking dreds of pages long, and few Members Sparkman announced that he would strong symbolic stands aimed at edu- of either body were fully aware of the not be a candidate for reelection, and I cation and putting the past behind us, wide range of items shoved into this announced the next day that I would be such as the case with the United must-pass bill at the 11 hour. It has a candidate for John Sparkman’s seat Daughters of the Confederacy issue. been pointed out by a Member of the in the U.S. Senate. Regardless of what approach we take other body that you could get a double My race against George Wallace was as leaders, it is our duty to work in hernia just trying to lift this omnibus heated for several months. And then, every way we possibly can to see that spending bill. while speaking to the Alabama League each and every American citizen enjoys I predict that over the course of the of Municipalities Convention in Mo- the same liberty, freedom, and equality next several weeks, there will be many bile, he announced his withdrawal from of opportunity as all others. The fulfill- surprises discovered in the package. the Senate race, giving no reason for ment of the promise of the Constitu- Some of the special interest pork pro- his decision. In advance of his an- tion demands that we always remain visions are buried deep within the var- nouncement, I was told of several polls diligent in fulfilling this responsibility. ious titles, as well as policy changes that showed I had pulled ahead of Wal- f that should have been debated in public lace, including a poll conducted by the and voted on without the pressure to Wallace campaign itself. THE PARTIAL BIRTH ABORTION keep the government running. I attracted other opponents, but won BAN ACT, H.R. 1833 Moreover, although we succeeded in in a run-off race against Congressman Mr. DORGAN. Mr. President, I sup- avoiding a massive new tax cut that Walter Flowers by a 2-to-1 margin. ported passage of the bill to ban partial would have set us backward on the As I think back over the reasons I en- birth abortions when it was approved road to deficit reduction, this omnibus tered the race for the U.S. Senate, cer- by the Senate on December 7 and I spending bill represents a missed op- tainly the issue of racial progress in voted last week to override the Presi- portunity to cut Government waste Alabama was a motivating factor, and dent’s veto of this measure. and stop the unnecessary spending. The I was fearful that if George Wallace My position on abortion issues is fact that this bill was loaded up with was in the Senate, it could deter need- clear. I have consistently stated that I special spending provisions for individ- ed changes in the civil rights laws. would not support overturning the Su- ual Members indicates that it is busi- In 1982, he ran again successfully for preme Court’s decision in Roe versus ness as usual in Congress when it Governor. His last administration was Wade. I support a woman’s right to comes to spending Federal dollars. one in which race relations were far have an abortion. I do not think we While we have made significant more harmonious than they had been should turn back the clock 25 years and progress in reducing the Federal defi- in his previous terms in office, with make abortion illegal, but we should cit, much of that work was done in the Wallace appointing a number of blacks work in every way to reduce the num- last Congress and we missed the oppor- to key positions in his administration. ber of abortions that are performed. I tunity in the 104th Congress to finish He publicly stated that his segregation have also cast votes here in Congress the job and truly get the Federal budg- stand had been wrong. At a recent to oppose using Federal funds to pay et into balance. meeting of southern black Democratic for abortions except in cases of life This bill adds a whopping $9 billion in leaders in Atlanta, Dr. Joe Reed, head endangerment, rape, or incest. deficit spending for defense systems of the Alabama Democratic Con- The Senate’s vote last week was on above what Department of Defense re- ference, said I was the first U.S. Sen- whether to override the President’s quested. When all of the fiscal year 1997 October 1, 1996 CONGRESSIONAL RECORD — SENATE S12091 appropriations bills are lined up to- lowed him. And will continue to do so. the minority, Ben Cooper. Mr. Presi- gether, excessive spending on things Just last week, the Finance Committee dent, Terri is one of those dedicated like sending Russian monkeys into convened for its last meeting of this public servants who puts in a full day’s space and massive out-dated water Congress. BILL was asked to say a few work on the Hill and then goes to projects out West continues to drain words; which was all he ever will do. He school at night. She is just about to the Treasury. I voted against this bill recalled that in 1978 I came down to finish her master’s degree in psychol- because I think we could have done a Princeton, NJ to campaign with him in ogy and I commend her for a job well much better job at curbing unneces- that first campaign for the Senate. In done. sary spending, government waste, and the course of our stumping about, I f reducing the Federal deficit. urged him to try to get onto the Fi- BIF/SAIF f nance Committee, where so very much of the critical issues of American life Mrs. FEINSTEIN. Mr. President, SENATOR BILL BRADLEY are decided. He did and he showed why. would the Chairman yield for the pur- Mr. MOYNIHAN. Mr. President, noth- I then recalled a passage from Woodrow poses of a brief colloquy to clarify a ing is typical about BILL BRADLEY, but Wilson at the time he was president of provision of the banking title to H.R. some things are characteristic. As, for Princeton University. A student of the 3610, the omnibus appropriations bill, example, his article on the front page Presidency, Wilson was watching the addressing the Bank Insurance Fund of the Washington Post’s Outlook sec- growing intensity of presidential cam- and the Savings Association Insurance tion this past Sunday. Just before the paigns. Candidates did not, of course, Fund? scheduled adjournment of the 104th did not then go to the conventions that Mr. D’AMATO. I would be happy to Congress, bringing to an end for now nominated them, but after nomination yield to the Senator from California. Mrs. FEINSTEIN. Am I correct that his brilliant 18-year career as a U.S. were getting into the business of mak- the new prohibition on deposit shifting Senator. The article is characteris- ing speeches from the rear of railroad tically bipartisan: ‘‘It’s Government by set forth in section 2703(d) of the bill, if trains and all manner of stressful cam- not carefully applied by the federal Tax Break Again: Clinton and Dole paigning. Wilson wrote that if this Should Be Talking About Fairness and bank regulators, could raise serious is- should continue, we would be reduced sues of interference with first amend- Loopholes, Not Cuts and Credits.’’ It is to choosing our Chief Executives from our pleasant custom to ask that such ment rights of free speech? ‘‘among wise and prudent athletes: a Mr. D’AMATO. We share the Sen- articles be reprinted in the RECORD, small class.’’ I thought that then; I ator’s concern. In response, let me say and I make that request, with the text think it now, as we say farewell to BILL that it is not our intent that the regu- to be placed at the conclusion of my re- BRADLEY—for now. lators implement the deposit shifting marks. But the Senate will take the f provision in a way that would raise meaning from the title. BILL BRADLEY constitutional free speech issues. The harkens back to the great 1986 tax re- TRIBUTE TO DIANE BALAMOTI Supreme Court has made it clear that form bill, of which he, above all his col- AND TERESA BRELAND the first amendment protections do in- leagues, conceived, inspired, and helped Mr. JOHNSTON. Mr. President, on deed extend to lawful and accurate to enactment. The principles were sim- several occasions over the past few business communications and we ex- ple. First of all, above all, simplify. days, I have taken the floor to express pect the regulators to abide by these Two low rates. In that sense, cutting my appreciation to my fine staff for decisions. taxes. But paying for the lower rates their loyal service to me and the com- f by closing loopholes in the existing mittee over the years. Today, I want to code which had acreted like a coral say thank you to two staff members of PARKS OMNIBUS LEGISLATION reef as Congress after Congress re- the Energy and Natural Resources UPDATE sponded to the tiny this and the tiny Committee. Mr. MURKOWSKI. I want to assure that special interest, until a vast bar- Diane Balamoti has been with the my colleagues that we are continuing rier separated the privileged from the committee since 1987. During this pe- to have discussions with the adminis- people. I happened to be one of the core riod she has served as the staff assist- tration relative to the disposition of group that put together this legisla- ant to the Park and Public Lands Sub- the parks omnibus bill, and I hope that tion. We would meet early each morn- committee. As many of my colleagues those bear some meaningful resolve be- ing in the office of Senator Bob Pack- know, this subcommittee has always fore the day is out. Those discussions wood, who was then chairman of the been one of the most active and prolific are going on now, and, I might say, Mr. Finance Committee. My informal task subcommittees in the Senate. During President, I am somewhat encouraged, was to provide a brief inspirational her 10 years with the committee, Diane but I have been at that stage before, as reading as the meeting commenced. It has staffed countless hearings and busi- well. was then a simple task. I would simply ness meetings and assisted in the prep- I know there is a lot of interest in it, glance through the previous day’s Wall aration of bills, statements, and the and I want to at least advise my col- Street Journal looking for the best ad- drafting of committee reports. She has leagues of the current status. It has vertisement. kept the subcommittee’s voluminous been somewhat like how I would envi- Typically, it would have a headline: bills files and tracked the work of the sion a Chinese torture chamber might ‘‘Guaranteed Losses’’ In finer print one subcommittee through the Senate and be, had I ever been exposed to one—and would learn that a sheep ranch in House. Diane possesses truly outstand- perhaps I have been exposed to one and Idaho, an alligator ranch in Florida, an ing clerical skills which are often test- just do not know it. ostrich ranch in Kansas would assure ed, especially at the end of a Congress In any event, the ultimate outcome investors immediate losses that could when the pace of the committee’s busi- of this still depends on the administra- be offset against other income, which ness always quickens. Ms. Balamoti tion recognizing that we need some as- losses would be recouped at some fu- has been a dependable, productive, and surance on timber supply to supply our ture date. And that was where entre- important member of our committee three existing operating sawmills in preneurial energy was flowing. To staff for many years and I want her to our State, and hopefully provide guaranteed losses that the Internal know how much I appreciate her serv- enough for the fourth one that has been Revenue Code would turn into profits. ice to me and the country. shut down for 2 years. That is where we BILL BRADLEY changed that. But the In addition, Mr. President, I want to are on the issue of resolving our dif- work is never done, and so he leaves us thank Teresa Breland, the newest full ferences. still talking the responsibilities of citi- time staff member on the Energy Com- There are other differences. In fact, zenship and legislation. mittee minority staff. Terri, who has the State of Colorado, particularly, and I will miss him as perhaps few others. been with us slightly over a year, has the State of Virginia, we appear to be We have served 18 years together on served as our receptionist in the minor- working some of those issues out, as the Finance Committee. He has taught ity office and has more recently been well. Of course, it would require a proc- me; I have learned from him and fol- the assistant to our staff director for ess of amending the House bill which is S12092 CONGRESSIONAL RECORD — SENATE October 1, 1996 pending but subject to an objection Since CBO had assumed States would advising the agency of congressional under a unanimous-consent request. receive payments from the fund, the intent, but HHS responded by saying But that would be the vehicle. Then we welfare bill was scored with costs (out- there must be a legislative change. would send it back to the House, and lays from the fund.) Since this legisla- This amendment has no cost at- the House would either accept or reject tion clarifies intent, CBO scored no tached to it. CBO assumed that all it. So that is where we are, Mr. Presi- cost. States could have access to the funds dent. CBO identified a number of States and as such scored outlays in the wel- Mr. President, I suggest the absence that may have a problem because of fare bill. of a quorum. rising unemployment or rising case- This amendment does not change the The PRESIDING OFFICER. The loads. These States include Nevada, way States qualify for the fund—it is clerk will call the roll. New Mexico, Alaska, Hawaii, Idaho, not limited to any particular State— The legislative clerk proceeded to and Minnesota. So far it is unclear any State that qualifies can access the call the roll. which States will actually have a prob- funds as well. Mr. MURKOWSKI. Mr. President, I lem. This amendment has the support of ask unanimous consent that the order the authorizing committees and the ad- AMENDMENT NO. 5424 for the quorum call be rescinded. Mr. MURKOWSKI. Mr. President, ministration. The PRESIDING OFFICER. Without Mr. MURKOWSKI. Mr. President, I there is an amendment at the desk by objection, it is so ordered. ask unanimous consent that the Senator DASCHLE. I ask for its consid- f amendment be agreed to, the bill be ad- eration. vanced to third reading and passed, and PERSONAL RESPONSIBILITY AND The PRESIDING OFFICER. The the motion to reconsider be laid upon WORK OPPORTUNITY RECONCILI- clerk will report. the table, all without further action, or ATION ACT OF 1996 The legislative clerk read as follows: debate. Mr. MURKOWSKI. Mr. President, I The Senator from Alaska [Mr. MURKOW- The PRESIDING OFFICER. Without ask unanimous consent that the Sen- SKI], for Mr. DASCHLE, proposes an amend- ment numbered 5424. objection, it is so ordered. ate now proceed to the consideration of The amendment (No. 5424) was agreed Senate bill 2183 introduced earlier At the appropriate place, insert the follow- ing: to. today by Senator DOMENICI. SEC. . EXTENSION OF NORTHERN GREAT The bill (S. 2183), as amended, was The PRESIDING OFFICER. The PLAINS RURAL DEVELOPMENT COM- passed, as follows: clerk will report. MISSION. S. 2183 The legislation clerk read as follows: Section 11 of the Northern Great Plains Be it enacted by the Senate and House of Rep- A bill (S. 2183) to make technical correc- Rural Development Act (Public Law 103–318; resentatives of the United States of America in tions to the Personal Responsibility and 7 U.S.C. 2661 note) is amended by striking Congress assembled, Work Opportunity Reconciliation Act of ‘‘the earlier’’ and all that follows through SECTION 1. TECHNICAL CORRECTIONS TO THE 1996. the period at the end and inserting ‘‘Septem- PERSONAL RESPONSIBILITY AND The PRESIDING OFFICER. Is there ber 30, 1997.’’. WORK OPPORTUNITY RECONCILI- objection to the immediate consider- Mr. DOMENICI. Mr. President, this ATION ACT OF 1996. ation of the bill? amendment is very simple. The amend- (a) CLARIFICATION OF LIMITATION ON CER- TAIN FEDERAL OBLIGATIONS FOR 1997.—Sec- There being no objection, the Senate ment clarifies congressional intent and tion 116(b)(1)(B)(ii)(II) of the Personal Re- proceeded to consider the bill. allows all States, regardless of when sponsibility and Work Opportunity Rec- WELFARE AMENDMENT DESCRIPTION they opt into the block grant, access to onciliation Act of 1996 is amended— Mr. DOMENICI. Mr. President, this the contingency fund. (1) in item (aa), by striking ‘‘the State bill would clarify congressional intent The welfare bill restricts States family assistance grant’’ and inserting ‘‘the and allow all States, regardless of when funds in fiscal year 1997 to the block sum of the State family assistance grant and the State opts to start the new block grant amount, even though the effec- the amount, if any, that the State would have been eligible to be paid under the grant program, access to contingency tive date for the new program is July 1, Contigency Fund for State Welfare Programs funds if they qualify. The welfare bill 1997. States may operate under current established under section 403(b) of the Social limits funds available to a State in 1997 AFDC rules until then. Security Act (as amended by section 103(a)(1) to the State’s block grant amount, but Congress never intended that States of this Act), during the period beginning on requires a State of have an approved have financial difficulties prior to October 1, 1996, and ending on the date the welfare reform plan before being eligi- starting the new program. Secretary of Health and Human Services ble for a contingency fund payment. In fact, most States make money first receives from the State a plan described Prior to opting into the new Tem- under the block grant because case- in section 402(a) of the Social Security Act porary Assistance for Needy Families loads have dropped, so the funding lim- (as so amended) if, with respect to such State, the effective date of this Act under [TANF] Program, the State must oper- itation never comes into question. subsection (a)(1) were August 22, 1996,’’; and ate under the current law Aid to Fami- There are handful of States, includ- (2) in item (bb)— lies with Dependent Children [AFDC] ing my home State, that have had (A) by inserting ‘‘sum of the’’ before entitlement program. There are a caseload increases since the establish- ‘‘State family assistance grant’’; and handful of States that have rising case- ment of the block grant. These States (B) by striking the period and inserting ‘‘, loads and rising unemployment that could experience a funding shortfall and the amount, if any, that the State would have been eligible to be paid under the Con- normally would be eligible for the con- during the transition period—a situa- tingency Fund for State Welfare Programs tingency fund. The authorizing com- tion not foreseen in the original legis- established under section 403(b) of the Social mittees, in a letter to HHS Secretary lation. Security Act (as amended by section 103(a)(1) Shalala, indicated that congressional Congress created the contingency of this Act), during the period beginning on intent was that all States should be el- fund for just this problem. October 1, 1996, and ending on the date the igible for the contingency fund regard- However, the contingency fund is Secretary of Health and Human Services less of when they opt into the new available only to eligible States and first receives from the State a plan described TANF program. HHS has stated that HHS’ interpretation is that an ‘‘eligi- in section 402(a) of the Social Security Act (as so amended) if, with respect to such legally they cannot give payments out ble State’’ is a State that has opted State, the effective date of this Act under of the contingency fund without a leg- into the block grant. subsection (a)(1) were August 22, 1996.’’. islative change. Most States do not have full-time (b) CORRECTIONS RELATED TO THE CONTIN- Many States will not be able to opt legislatures that can convene and de- GENCY FUND FOR STATE WELFARE PRO- into the block grant until the legisla- velop a new welfare plan. For example, GRAMS.—Section 403(b)(4)(A) of the Social Se- tion’s effective date of July 1, 1997. For New Mexico’s Legislature does not con- curity Act, as amended by section 103(a)(1) of example, New Mexico’s State Legisla- vene until January 1997. Therefore, it the Personal Responsibility and Work Oppor- ture will not convene until January tunity Reconciliation Act of 1996, is amend- will take time for New Mexico’s wel- ed— 1997 and the legislative process will fare plan to be implemented. (1) in clause (i)(II), by striking ‘‘minus any take time to develop a welfare reform Both the Finance Committee and Federal payment with respect to such child plan. Ways and Means wrote a letter to HHS care expenditures’’; and October 1, 1996 CONGRESSIONAL RECORD — SENATE S12093 (2) in clause (ii)(I)— conference on (H.R. 3005) and ask for than 10,000 institutional investors. Last (A) by inserting ‘‘the sum of’’ before ‘‘the its immediate consideration. year, the U.S. stock market had $7.98 expenditures’’; and The PRESIDING OFFICER. The re- trillion in capital—close to half the (B) by inserting ‘‘, and any additional port will be stated. amount of capital in the entire world qualified State expenditures, as defined in section 409(a)(7)(B)(i), for child care assist- The clerk read as follows: market. ance made under the Child Care and Develop- The committee of conference on the dis- This legislation will make it easier ment Block Grant Act of 1990’’ before the agreeing votes of the two Houses on the to raise capital in the securities mar- semicolon. amendment of the Senate to the bill (H.R. ket. The bill will create a new category (c) CLARIFICATION OF HEADING.—The head- 3005) to amend the Federal securities laws in of unregistered private investment ing of section 116(b)(1) of the Personal Re- order to promote efficiency and capital for- companies that will help venture cap- sponsibility and Work Opportunity Rec- mation in the financial markets, and to italists tap the capital markets to fund amend the Investment Company Act of 1940 onciliation Act of 1996 is amended by insert- business endeavors. It will also bring ing ‘‘; LIMITATION ON FISCAL YEARS 1996 AND to promote more efficient management of more funding and investment to small 1997 PAYMENTS’’ after ‘‘DATE’’. mutual funds, protect investors, and provide (d) EFFECTIVE DATE.—The amendments more effective and less burdensome regula- business by making it easier for eco- made by this section shall take effect as if tion, having met, after full and free con- nomic, business, and industrial devel- included in the provisions of and the amend- ference, have agreed to recommend and do opment companies to raise money ments made by the Personal Responsibility recommend to their respective Houses this without having to register with the and Work Opportunity Reconciliation Act of report, signed by a majority of the conferees. SEC and by providing liquidity and in- 1996. The PRESIDING OFFICER. Without vestment opportunities to business de- SEC. 2. EXTENSION OF NORTHERN GREAT PLAINS objection, the Senate will proceed to velopment companies. RURAL DEVELOPMENT COMMIS- the consideration of the conference re- The bill will promote capital forma- SION. port. Section 11 of the Northern Great Plains tion by eliminating many overlapping Rural Development Act (Public Law 103–318; (The conference report is printed in State and Federal requirements for 7 U.S.C. 2661 note) is amended by striking the House proceedings of the RECORD of registering securities. It eases the re- ‘‘the earlier’’ and all that follows through September 28, 1996.) strictions on borrowing that currently the period at the end and inserting ‘‘Septem- Mr. D’AMATO. Mr. President, today I restricts U.S. broker-dealers’ sources of ber 30, 1997.’’. speak in support of H.R. 3005, the Na- funding their business. The bill will f tional Securities Markets Improve- make U.S. broker-dealers more com- ment Act of 1996. This bill is a critical petitive in the global markets. It will PROVIDING FOR THE CONVENING piece of securities legislation that will also allow U.S. firms to pass on sub- OF THE 105TH CONGRESS AND vastly improve our securities markets stantial savings to their customers. COUNTING ELECTORAL VOTES and provide important investor and This bill will make the securities Mr. MURKOWSKI. Mr. President, I consumer protections. laws reflect the reality of today’s mar- ask unanimous consent that the Sen- As most of my colleagues already ketplace. It will simplify procedures ate proceed to the consideration of know, an earlier version of this bill, S. for paying fees and making disclosures. House Joint Resolution 198 regarding 1815, passed the Senate unanimously in It will give the Securities and Ex- the convening of the 105th Congress late June. That bill enjoyed strong bi- change Commission flexibility to adapt and the counting of electoral votes partisan support. As testament to that to the changing financial market by which was received from the House. support, we were able to introduce the letting the SEC say the securities laws The PRESIDING OFFICER. The bill, mark it up in committee, and pass don’t apply where they don’t make clerk will report. it through the Senate within 2 months. sense. The legislative clerk read as follows: Through hard work on both sides of This legislation will tighten up regu- A joint resolution (H.J. Res. 198) appoint- the Capitol, the House and Senate con- lation by giving the States and the ing the day for the convening of the first ses- ference on H.R. 3005 produced a sound SEC distinctly separate regulatory sion of the One Hundred Fifth Congress and bill that thoughtfully and carefully roles. It will divide between the SEC the day for the counting in Congress of the tightens the securities laws. I thank and the States regulation of the 22,000 electoral votes for President and Vice Presi- my distinguished colleagues and con- registered investment advisers who are dent cast in December of 1996. ferees whose tenacity and dedication entrusted with $10.6 trillion in cus- The PRESIDING OFFICER. Is there have made it possible to produce this tomer funds—much of which represents objection to the immediate consider- legislation. I thank the chairman and savings and retirement money. As a re- ation of the joint resolution? ranking member of the Securities Sub- sult, investment advisers will be better There being no objection, the Senate committee, Senators GRAMM and DODD, regulated and consumers and investors proceeded to consider the joint resolu- along with the ranking member of the better protected. tion. full committee, Senator SARBANES. I The bill will make the mutual fund Mr. MURKOWSKI. Mr. President, it also thank my esteemed colleague, market a national market, that will be is my understanding from the clerk Senator BENNETT, who has been very comprehensively regulated by the SEC. that the Senate will come back on the helpful to the committee on securities Mutual funds have become a household 7th and count the electoral votes on legislation this Congress. I thank the commodity in the last several years the 9th. staffs: Howard Mennell, Steve Harris, with almost one-third of U.S. house- The PRESIDING OFFICER. That is Laura Unger, Wayne Abernathy, holds—that’s 30 million households— the understanding of the Chair. Mitchell Feuer, Andrew Lowenthal, owning a total of $2.7 trillion in mutual Mr. MURKOWSKI. I thank the Chair. and Robert Cresanti, as well as the leg- funds. This bill recognizes that the I ask unanimous consent that the islative counsel, Laura Ayud, who lit- growth in the mutual fund industry resolution be deemed read a third time, erally made this bill possible. means that it is no longer practicable passed, and the motion to reconsider be Mr. President, I urge the Senate to for all 50 States to have a hand in what laid upon the table. act expeditiously on this conference re- goes into a mutual fund prospectus. The PRESIDING OFFICER. Without port so that we may then forward it to This legislation also makes sure in- objection, it is so ordered. the White House for the President’s vestors and consumers are not confused The joint resolution (H.J. Res. 198) signature. about what’s in a mutual fund by giv- was deemed read a third time, and The National Securities Markets Im- ing the SEC authority to set standards passed. provement Act of 1996 is a significant on mutual fund names. f piece of legislation that will ensure This is not a controversial bill, it en- that the U.S. securities market re- joys support on both sides of the aisle. THE NATIONAL SECURITIES MAR- mains the pre-eminent securities mar- It thoughtfully and carefully tightens KETS IMPROVEMENT ACT OF ket in the world. The U.S. securities the laws governing the securities mar- 1996—CONFERENCE REPORT market has the most capital and the ket. I commend my colleagues and Mr. MURKOWSKI. Mr. President, I most investors. Over 50 million Ameri- their staff for their excellent work in submit a report of the committee of cans own stocks, not counting more drafting this legislation and urge my S12094 CONGRESSIONAL RECORD — SENATE October 1, 1996 colleagues to support passage of the advisors by clarifying the proper roles level playing field for transaction fees bill. of the SEC and the State regulators; it on the New York Stock Exchange, the Mr. DODD. Mr. President, I rise modernizes and streamlines the regula- American Stock Exchange, and the today to join my colleagues in support- tion of mutual funds on the one hand, NASDAQ stock market. This provision ing the passage of the conference re- and provides badly needed moderniza- is a huge improvement over the port on H.R. 3005, the National Securi- tion of the statutes covering hedge House’s original plan, since the plan ties Markets Improvement Act of 1996. funds and venture capital funds on the first adopted by the House would have Allow me to begin by offering my other hand; it provides for clarification caused a negative impact upon pro- heartfelt congratulations to my fellow on a host of technical matters ranging grams in the Commerce Department, conferees: Senators D’AMATO, SAR- from treatment of church pension Justice Department and the State De- BANES, GRAMM, and BENNETT, with plans to the access by U.S. journalists partment. whom I worked very closely in first to foreign issuer press conferences. The Senate played a critical role in creating and now passing this thought- And, significantly, the bill creates the forcing the other body to reach agree- ful and strongly bipartisan bill. I be- mechanism for increased regulatory ment with the administration and Sen- lieve that the high quality of this legis- flexibility so that the SEC will have ate appropriators so that the goal of lation is demonstrable proof of what the ability to keep pace with needed fee reduction could be achieved with- can be accomplished when we set aside regulatory changes as the needs and out harming other important Federal our partisan differences to work for the demands both of investors and the fi- programs. good of the Nation. nancial industry develop over time. The conference report also contains a As I’ve said many times, the U.S. As I mentioned earlier, the legisla- requirement for the establishment of capital markets are vitally important tion will allow the creation of a new uniform State laws on books and for the good economic health not only kind of private investment company records for broker-dealers. While this of virtually every American company that is exempt from the restrictions of uniformity has long been sought by but for millions and millions of indi- the Investment Company Act of 1940. State regulators, the SEC and indus- vidual investors who have placed some Because this is a new mechanism for try, I remain concerned that some of their assets either directly in securi- fund managers to use, we provide safe- States will have to adjust their laws ties or, as has become more and more guards for participants in existing pri- regarding books and records kept at common, into mutual funds. vate investment companies. Any fund branch offices. It is the intent of the Sustained economic growth is heav- manager seeking to convert their exist- conferees that the SEC work closely ily dependent upon the continuing abil- ing fund to a new fund—called 3(c)[7] with the States to determine what ity of our capital markets and finan- funds in the bill—must offer all their records should be maintained at branch cial services industry to function effi- participants the option to first ‘‘cash offices and to establish a mechanism so ciently and with integrity. If compa- out.’’ It is further the intent of the that States could require such records nies find impediments to obtaining conferees that these dissenter’s rights be kept in the branch office, rather capital, they will not grow. If individ- not be evaded by fund managers who than at a back office halfway across uals find impediments to their access might seek to either invest their exist- the Nation. to securities and other investments, ing fund solely in the new fund or to At this time, it is also appropriate to they will not save. simply have the old fund exactly mir- thank the Senate staffers who have Taking steps to enhance the access of ror the investment decisions of the new worked so hard on turning ideas and both corporations and individuals to fund. The conferees expect the commis- goals into concrete legislation. I ex- the securities markets is a prudent sion to be particularly vigilant in this tend my congratulations and apprecia- means by which Congress can help sus- matter. It is also the expectation of the tion to Andrew Lowenthal from my tain or even increase the Nation’s rate conferees that the commission act staff; Laura Unger, the majority coun- of economic growth. swiftly to define the term ‘‘Beneficial sel; Mitchell Feuer, the minority coun- Furthermore, the American capital owners.’’ It is the intent of the con- sel; and, Wayne Abernathy, the major- markets are the envy of the world. No ferees that when such notices are given ity staff director of the Securities Sub- other Nation enjoys the international to institutional investors, the notice be committee. I would also like to extend reputation of our capital markets and given only to the controlling entity of my thanks to someone who frequently, it is necessary for Congress periodi- that institution, not directly to all of though unjustly, goes unmentioned cally to review and modernize, where the investing institution’s underlying when accolades are given on the floor— necessary, the laws that make our investors or participants. Laura Syoud of the Senate legislative markets and our financial services in- I am also pleased that the conference counsel’s office whose expertise was in- dustry the world’s leader. report will require the Commission to valuable in solving some of the most I will acknowledge that it took us a study the impact of recent judicial and difficult problems we confronted in little longer to get to this point than I regulatory rulings that have limited drafting not only this conference re- had anticipated when the Senate the ability of shareholders to offer pro- port, but in the original Senate legisla- passed S. 1815 at the end of June. De- posals at shareholder meetings regard- tion. spite the other body’s initially lei- ing a company’s employment practices. Mr. President, this is a carefully bal- surely attitude toward conference ne- The abilities of shareholders to offer anced bill that, upon enactment by gotiations, we have collectively such kinds of resolutions such as the President Clinton, will improve our Na- achieved an excellent product. ‘‘Sullivan principles’’ for South Africa tion’s securities laws to allow the mar- This conference report, which I hope and the ‘‘MacBride principles’’ for kets to function more efficiently, while that the Senate will adopt today, is the Northern Ireland have had a direct im- balancing those reforms by maintain- culmination of a lengthy bipartisan ef- pact on ensuring that U.S. corpora- ing, and in some cases enhancing, The fort to reform those aspects of the se- tions do not participate in the loath- full strength of investor protections curities laws that are an outdated im- some discriminatory practices that oc- that have made our markets the best pediment to the efficient functioning curred—or still occur—in those Na- in the world. of the securities industry. tions. I look forward to the results of I urge my colleagues to support adop- The legislation will also provide the Commission’s study in a year’s tion of this important legislation. clearer statutory directives to both time. Mr. SARBANES. Mr. President, I am State and Federal regulators so that I would also note a few important pleased that the Congress has today en- the integrity of—and confidence in— provisions from the House bill that acted H.R. 3005, the National Securities our capital markets and financial serv- were included in this conference report. Markets Improvement Act of 1996. Both ices industry is enhanced. First, the conference report contains a the Senate and the House of Represent- Without going into excruciating de- 10-year authorization for the Securities atives passed legislation intended to tail, let me just highlight the main and Exchange Commission that will re- promote efficiency in the regulation of areas that this legislation covers: it duce registration fees that were a drag mutual funds, better allocation of re- improves the regulation of investment on capital formation and will provide a sponsibility between Federal and State October 1, 1996 CONGRESSIONAL RECORD — SENATE S12095 securities regulators, and elimination viser representatives of such firms will Mr. McCAIN. Mr. President, I des- of outdated provisions. While the two continue to be licensed by the States in ignate myself as being in charge of the bills had much in common, they also which they have places of business. The time for this side of the aisle. differed in certain respects. I commend bill does not prohibit a State from re- The PRESIDING OFFICER. Without Senator D’AMATO for his leadership of quiring that investment adviser rep- objection, it is so ordered. the Conference Committee, which has resentatives doing business in that Mr. McCAIN. Mr. President, I will be successfully bridged the differences be- State designate a place of business in brief. tween the two bills. Credit also goes to the State, such as an address for serv- We have decided and the reality is Senator GRAMM, Senator DODD, Sen- ice of process, for purposes of main- that we will pass this bill. Under the ator BENNETT, and the House Con- taining State licensing authority over unanimous-consent agreement we en- ferees. The final product is a reason- such individuals. tered into yesterday, we will have a able bill that deserves support. This is a moderate bill, and appro- cloture vote on Thursday, it is obvious This bill has two major themes: first, priately so, for the Federal and State that there are well in excess of 60 votes improvement of mutual fund regula- laws governing our securities markets for passage of this conference report. tion, and second, reallocation of re- and the participants in those markets Unfortunately, for reasons that are not sponsibility between Federal and State are not in need of wholesale changes. clear to me, the other side has chosen securities regulators. It is appropriate All the evidence suggests that the U.S. to delay until Thursday that cloture to review the regulation of mutual securities markets are functioning vote. Then, of course, there is the pos- funds, given the tremendous growth in well. Companies continue to raise cap- sibility of utilizing time after that. this segment of the financial services ital in the U.S. markets in record Meanwhile, funding for much-needed industry. Mutual fund assets now equal amounts. In addition to established projects is being held up. Funding for insured bank deposits in size. The leg- businesses, new companies have been projects that are vital, in the view of islation contains a number of provi- raising capital in record amounts. Indi- many States throughout the country, sions supported by the SEC that are in- vidual investor confidence in the secu- which I will be describing at a later tended to allow mutual funds to oper- rities markets, measured by direct in- time, is being held up. I do not know ate more flexibly. These provisions in- vestment in securities and investment why it is being held up. I do not know clude allowing the SEC to require mu- through mutual funds and pension if it is at the behest of the Teamsters Union. I do not know if it is at the be- tual funds to provide shareholders with plans, remains high. The U.S. securi- hest of some other labor unions. I do more current information and to main- ties markets retain their preeminent not know why. This provision was in- tain additional records that will be position in the world. serted by the Senator of South Caro- available to the SEC. Given the impor- As passed by the conference, this bill lina in conference and voted and car- tance that mutual funds now have as strikes a reasonable balance. It should ried nearly unanimously. It was the an investment vehicle for millions of improve efficiency in the regulation of correction of a technical error. Now, American households, it is crucial that our securities markets without unduly the Senator from Massachusetts has information be available for mutual limiting the authority of the State reg- tied up the Senate, going through the fund shareholders, and these provisions ulators, thereby exposing investors to arcane obstruction and delay such as sharp practices. The bill received sup- address that need. Both the Senate and having the bill read for nearly 5 hours port from Democratic and Republican House bills contained provisions creat- last evening. All but two pages of it House and Senate conferees, and was ing a new exemption for funds open were required to be read last night. I do passed by the House unanimously 2 solely to sophisticated investors know not know why that happened, but the days ago. I am pleased that the House as qualified purchasers. In the con- fact is we should be taking up this con- and Senate, Democrats and Repub- ference report, the House and Senate ference report and passing it right now. licans alike, were able to reach consen- reached a compromise on the definition There are plenty of Senators who are sus on this legislation. of qualified purchaser. still in town. We could do it now. Mr. MURKOWSKI. Mr. President, I With respect to the role of the States Why the Senator from Massachusetts ask unanimous consent that the con- in securities regulation, let me say insists on delaying these programs and that State securities regulators play a ference report be considered as adopt- projects—do you know what these pro- crucial role in policing our markets. ed, the motion to reconsider be laid grams and projects are? These are jobs. Still, dual regulation need not mean upon the table, and statements relat- These are real jobs for working men duplicative regulation. The State regu- ing to the report appear at the appro- and women around America who want lators themselves have convened a task priate place in the RECORD. to move forward to take their jobs and The PRESIDING OFFICER. Without force to recommend how securities reg- are now precluded from doing so until ulation can be made more efficient and objection, it is so ordered. The conference report was agreed to. this conference report is signed. effective by dividing authority between The fiscal year ended last night at the Federal and State level. This con- f midnight. We are now a little more ference report retains the provision of RECESS than 14 hours into the new fiscal year the Senate bill, that the SEC may pre- The PRESIDING OFFICER. Under and thousands, literally thousands of empt State laws only with respect to the previous order, the hour of 12:30 men and women who are not working securities traded on the New York p.m. having arrived, and passed, the on these critically needed airport Stock Exchange, the American Stock Senate will stand in recess until 2:15. projects. We are now 14 hours into the Exchange, the NASDAQ, or other ex- Thereupon, the Senate, at 12:35 p.m., new fiscal year where much needed im- changes with substantially similar list- recessed until 2:13 p.m.; whereupon, the provements having to do with aviation ing standards. The provision in the Senate reassembled when called to safety and airport security are not House bill would have preempted State order by the Presiding Officer (Mr. being accomplished. We will go into law for securities not traded on an ex- SMITH). Thursday at minimum, which is 2 more change. The conference report does f days away. Then the conference report contain preemption provisions from is signed. Then it has to go to the the House bill that were not present in FEDERAL AVIATION REAUTHOR- President’s desk for signature. We the Senate bill, addressing secondary IZATION—CONFERENCE REPORT could be talking about several days, all trading and regulation of brokerage The Senate resumed consideration of because the Senator from Massachu- firms. the conference report. setts objects to us moving ahead and The House and Senate compromised The PRESIDING OFFICER. Under voting on the conference report which on the investment adviser provisions of the previous order, there will be 3 has the overwhelming support of the the Senate bill. These would have re- hours of debate on the conference re- Members of the Senate. Let me be moved investment advisory firms with port equally divided. clear, the provision in question was $25 million or more under management Mr. McCAIN addressed the Chair. proposed on his side of the aisle in the from State regulation. The conference The PRESIDING OFFICER. The Sen- conference, which was a technical cor- report provides that investment ad- ator from Arizona is recognized. rection to a drafting error and we all S12096 CONGRESSIONAL RECORD — SENATE October 1, 1996 know it was a technical correction— I do not understand it. I do not un- nal history records checks be con- that is all. derstand it, especially since this fight ducted on airport security screeners I say to the men and women who is over. This fight is over because we and their supervisors. It requires the want to go to work, who want to help all know what is going to happen on FAA to facilitate the interim deploy- build their communities, who want to Thursday. ment of currently available explosive improve aviation safety and airport se- ‘‘General Edward Lawrence Logan detection equipment. It requires the curity, who want to do the things that Airport, Federal Aviation Grants, $2 FAA to audit effectiveness of criminal this Congress and the American people million, Noise Grant Program, Funding history records checks. It encourages want them to do, I am sorry; I am Crisis Alert.’’ the FAA to assist in the development sorry this bill is being held up for no This is from the mayor, Mayor of passenger profiling systems. It per- good reason. People can draw their own Thomas M. Menino, City of Boston. mits the Airport Improvement Pro- conclusions as to why this legislation General Edward Lawrence Logan Airport, gram and Passenger Facility Charge is being held up. Federal Aviation Grants, $2 million, Noise funds to be used for safety and security There is no excuse for it. There is no Grant Program, Funding Crisis Alert. projects at airports. reason for it. I know that people who A crisis exists which threatens future Mr. President, the Airport Improve- are members of airport authorities, grants for airports. ment Program funds cannot be used for Excise taxes, including the airline ticket such safety and security projects at people who are involved in small busi- tax, which funds federal airport grant pro- nesses around the airports that supply grams, have expired. airports unless the Senator from Mas- the equipment and all the materials Congress must pass a short-term extension sachusetts lets us move forward with that go into the various airport con- of these taxes in order to make the aviation this bill. struction and modernization projects trust fund solvent again. The FAA and FBI must develop a se- around this country are asking the Please urge Boston’s representatives in curity liaison agreement. We cannot same question. Congress to save the airport program. begin on that. The FAA and FBI must Now, perhaps the Senator from Mas- Save the airport program? Mr. Presi- carry out joint threat assessments of sachusetts does not care about these dent, I want to tell the mayor of Bos- high-risk airports. We cannot begin on small business people. Most of them ton I will do everything I can, but I that. are not union people. They do not give suggest that he contact Senator KEN- It requires the periodic assessments $35 million to defeat incumbent Repub- NEDY. of all passenger and air carrier security lican Congressmen and Senators. No, This is harsh language. These are systems. It requires a report to Con- they do not. They are just small busi- harsh things I am saying in the Senate gress on recommendations to enhance ness men and women around America Chamber. I realize that. It is late in the and supplement screening of air cargo. who are trying to do their job and have season. We are in a political campaign. Mr. President, on aviation safety, it been told these construction projects But I want to repeat, there is no ra- eliminates the dual mandate and reit- would move forward at the beginning tionale or excuse. I see the Senator erates safety be the highest priority for of the fiscal year. from Massachusetts on the floor, so I the FAA. It facilitates the flow of the Now they are not. Now they are not. directly ask the Senator from Massa- FAA operational and safety informa- They are being held up. chusetts—I directly beg him to let us tion. The FAA may withhold volun- It is interesting that we should have move forward and have a vote imme- tarily submitted information. the deep concern and abiding concern diately, an immediate vote on the con- It authorizes the FAA to establish about raising the minimum wage to ference report. He has already lost. Let standards for the certification of small help men and women around America. us have a vote on the conference report airports to improve safety of such air- I wonder how many months at the cur- now and let us get this over with, get ports. It directs the NTSB and FAA rent minimum wage increase these the bill to the President of the United should work together to improve safety people are going to have to work in States and have him sign it so we can data classification so as to make it order to make up for the days and pos- move forward with these critical air- more accessible and consumer friendly sibly weeks that are involved in the port projects and let the working men and then publishes it. delay that is being orchestrated by the and women all over America who want It requires the sharing of pilot’s em- Senator from Massachusetts and a to begin work on $9 billion worth of ployment records between former and handful of other Senators on the other projects, let them get to work. Let prospective employers to ensure mar- side of the aisle. I am going to try to these airport related improvements be ginally qualified pilots are not hired. It get those calculations done between made. Let the aviation safety and air- discourages attempts by child pilots to now and Thursday. port security programs be imple- set records or perform other aeronauti- I think it is unconscionable. I think mented. cal feats. it is outrageous. I strongly recommend I will read in just a minute the safety It also requires the FAA and NTSB to that the Senator from Massachusetts, and security provisions that are in this work together to develop a system so for the sake of his own State, for the bill which are being held up because of that the notification of the next of kin sake of the programs in his own State, the Senator from Massachusetts’ reluc- can be done in the most humane and would want to move forward so these tance to allow us to move forward. Mr. compassionate fashion. I do not know why the Senator from people can go to work, so these air- President, there are various airport se- Massachusetts will not let us move for- ports can be improved, so we can get curity and aviation safety projects ward. I ask at this time unanimous these much needed airport projects which are in this bill, which I will not consent that we move immediately to done. read at this time, but I can tell you the conference report and vote on it. Mr. President, let me tell you what is that there are at least 100 or more all The PRESIDING OFFICER. Is there in Massachusetts. General Edward over the United States. objection? The Senator from Massachu- Lawrence Logan Airport in Boston, Let me tell you about some of the setts. MA, $3,691,173; Nantucket Memorial aviation safety and airport security Mr. KENNEDY. Mr. President, I ob- Airport, Nantucket, MA, $949,962; the provisions. This bill requires the FAA ject. Barnstable Municipal Airport in to study and report to Congress on The PRESIDING OFFICER. Objec- Hyannis, $797,690; Martha’s Vineyard whether some security responsibilities tion it heard. Airport, $500,000; Worcester Municipal should be transferred from airlines to Mr. MCCAIN. Mr. President, I reserve Airport, $500,000; New Bedford Regional airports and/or the Federal Govern- the remainder of my time. Airport, $500,000; Provincetown Munici- ment. The FAA is directed to certify The PRESIDING OFFICER. Who pal Airport, $500,000—a total of companies providing airport security yields time? $7,438,826 in Federal dollar entitle- screening. This legislation, as soon as Mr. KENNEDY. Mr. President, I ask ments, matched by $3,539,692 in Federal the President signs it, bolsters weapons unanimous consent that we go imme- dollar State apportionments—a total of and explosive detecting technology by diately to the bill on the calendar on $10,978,518 the people of Massachusetts encouraging research and development. the FAA authorization that is without right now are being deprived of. It requires that background and crimi- the labor provisions. October 1, 1996 CONGRESSIONAL RECORD — SENATE S12097

Mr. MCCAIN. Reserving the right to Massachusetts. We could have passed I think when we are taking a look at object, the Senator from Massachu- this overwhelmingly. I don’t think these scare comments, we ought to try setts knows full well the House of Rep- there would have been a vote against and put this into some kind of perspec- resentatives, the other body, is out and it, if we had done it yesterday with a tive. We are going to have an oppor- is not coming back. The Senator from 10-minute time consideration. But, no, tunity to vote on this measure in 2 Massachusetts also knows—— there was objection to that. days, in any event, but safety is simply Mr. KENNEDY. Regular order, Mr. Now we say, ‘‘All right, let’s get into not affected by this bill. We know this President. Is there objection? why now our Republican friends and is true because in 1994, the FAA reau- Mr. MCCAIN. I was stating my res- some Democrats want to have this thorization bill was not passed for al- ervation. longer, drawn-out process and proce- most 11 months. There was no question The PRESIDING OFFICER. There is dure.’’ at that time with regard to safety. As objection? Mr. President, I want to address a I say, if there was such the urgency at Mr. MCCAIN. I object. few issues here this afternoon. We have the time, I suspect the Republicans The PRESIDING OFFICER. Objec- other colleagues who will come to the who bore the responsibility of moving tion is heard. The Senator from Massa- floor who I hope will enter into this. that process would have brought it for- chusetts is recognized. First of all, I want to point out that ward at the time. Mr. KENNEDY. Mr. President, the I wish that those who are saying that Mr. President, what is really at issue House of Representatives is subject to somehow we are delaying this and here, and why are we at this juncture? the call of the Chair by the Speaker. As somehow there are safety consider- I refer, if I can, to some of the House time-honored practice and procedures, ations, I wish they had acted on those debate. The House debated this issue. they have followed that on countless concerns yesterday. We could have As a matter of fact, with all due re- occasions. I am glad we were able to done this. We could have passed it. Ef- spect for those who talk about a tech- clear the air of some of the comments fectively, they said, ‘‘No, we’re not nical amendment, this was outside of that were made earlier by the Senator going to do that, we’re not going to the conference. We have a rule that is from Arizona. pass the FAA conference report with- generally not enforced, historically, in this body, but the House does recognize Mr. President, I wish very much that out that special interest provision. We that when matters are outside of the we had been able to have passage of the refuse to do it, even though the con- conference, that they have to get a spe- FAA conference report. My friends and ference report has all those safety cial rule. That happened with regard to colleagues have talked about the ur- mechanisms.’’ this particular measure. When all of gency of these various programs. I do And now after they refuse to do it, those people say, ‘‘Well, this was just a not know what delayed the members of they come over here on the floor and technical matter,’’ the fact is, they the committee itself, or the con- say, ‘‘We should pass it right away. I needed a separate vote in the House of ference, from bringing it to the Senate ask consent we pass it right away be- Representatives. in these last hours. With all the points cause of these safety provisions.’’ I quote the chairman, the Republican that were raised by the Senator from I think it is important to understand, chairman, of the Aviation Committee Arizona, I would have thought we and I know there are members of the over in the House of Representatives, would have had an opportunity to have committee who have a great deal more Mr. SHUSTER, when he was questioned this matter earlier in the consideration knowledge and experience about what about why this new provision was of the Senate Calendar. I do not know is in this bill, but as I understand it, added to the FAA reauthorization. Mr. what happened during the course of the operation account, which funds air SHUSTER, in response to Mr. MOAKLEY those discussions or debate, but clearly traffic controllers, safety inspectors, says: the Republicans chaired those con- security personnel, airport noise per- I would be happy to respond. Absolutely. ferences and they bear a direct respon- sonnel, maintenance personnel, as well It is outrageous, it is outrageous that we sibility as to when those conferences as everything and everyone that runs even have to deal with this issue this way, are going to report back. air traffic in the United States, not one because it is nothing more than a technical I heard the Senator from Arizona of those operations is affected by the correction. We think it is fundamentally saying that, now that we have this in FAA reauthorization bill. wrong. . . because this is nothing more than these final moments of the Congress, Also, security personnel who operate a technical fix. now we have to act. We ask: Where was the metal detectors to screen baggage That is Mr. SHUSTER. But even the this conference earlier in the course of are employees of the airlines who use Parliamentarian understood that was this session? Why did we not act on it the terminal, and, therefore, are unaf- not the case, because they did require at an earlier period of time? Why is it fected by this legislation. separate debate and a separate vote. one of the last pieces of legislation Second, the facilities and equipment I found reading the House debate that we have before the Senate? account pays for the display terminals, very instructive, especially remarks by Clearly, it is because those who sup- air traffic controllers, look-out radar those who have the special responsibil- port this provision, which is the sub- equipment and other equipment used in ity, the members, of the Aviation Com- ject of our debate and discussion here the aviation industry. None of this is mittee. Mr. LIPINSKI—and I think this really this afternoon, felt they could jam the affected by the FAA reauthorization points out quite well in a brief way Senate in terms of this particular pro- bill. what this issue is all about when Mr. vision. Third, the research account funds all LIPINSKI was recognized. He said: That is an old technique. The Sen- sorts of aviation research. For exam- ple, FAA has funded research on the Let us focus on what this debate is really ator from Arizona is familiar with it, about. This provision for FedEx is another as I am familiar with it. We ought to best x-ray machines for checking bags. assault on the American middle class. The put it in some kind of a context. All of this research is totally unaf- American middle class has been attacked for The fact remains, Mr. President, fected by the pending FAA authoriza- over 15 years by our Nation’s terrible trade when we had the continuing resolution tion bill. policies, technology, profit driven before us yesterday, I was prepared to The Airport Improvement Program is downsizing, profit-driven deregulation and offer the FAA conference report with- the only FAA program that is affected systematic sinister weakening of unions. How, you ask? Let me explain. out this special provision that benefits by the pending FAA reauthorization During the debate on the rule, I outlined only one company and that will give it bill, as I understand. AIP awards the history of this dubious Federal Express particular advantages, which it does grants for airway improvements, and provision. Let us take a closer look at what not have at the present time, over the the contract authority for these pro- my colleagues are calling a technical correc- ability of their workers to organize grams depends upon the passing of the tion. into a union. But that was objected to FAA reauthorization bill. While the During the debate, the House Mem- by the Republicans. AIP programs may be highly desirable, bers were talking about the different Now they are saying, ‘‘Well, why they do not affect the safety of the attempts, the five or six different at- didn’t we pass this?’’ And they try to aviation industry, and those are the tempts by Federal Express to have this put the blame on the Senator from facts. provision included in other legislation. S12098 CONGRESSIONAL RECORD — SENATE October 1, 1996 House Republicans tried to attach it Railway Labor Act, which will make it what FedEx has tried to do over a long to the 1996 omnibus appropriations bill, much more difficult for them to ever period of time was rejected. And it was and it failed. House Republicans tried obtain union representation. rejected because it was such an out- to attach it to the NTSB reauthoriza- I continue: rageous grab for preferential consider- tion, and it failed. House Republicans Under the RLA a unit of the company ation by one company, and the history tried to attach it to the Railroad Un- would have to be organized company-wide, of it that demonstrates quite clearly employment Act Amendments, and it while under the NLRA it can be done facility that the effect of this particular by facility. failed. Senate Republicans supported to Why is this relevant for a company like change would dramatically alter and attaching it to the Labor-HHS appro- Federal Express, which is currently classi- change the current litigation in which priations bill in committee, and that fied as an air carrier and already subject to Federal Express is very much involved. failed. the RLA? Federal Express’ operations have Mr. President, I come back now to So the rider was not on the FAA re- changed. No longer does every package get what really this issue is all about, as authorization bill when it passed the on a plane. Often it just goes on a truck to far as I am concerned. It is not just so House, it was not on the reauthoriza- its destination. much all of these kinds of references, I understand that Federal Express’ long- which I am sure during the course of tion bill that passed the Senate, but it term plan is to truck in packages less than was added in the conference. 400 miles away from their hubs around the the debate in the afternoon we will So this is not, Mr. President, just a country. Why would an airline like Federal come back to, but I want to just get little technical change. This is a long- Express rely so much upon trucks? Because back to how Federal Express treats its committed, dedicated effort to, in a it is cheaper. To their credit, Federal Ex- employees. That is what we are basi- very significant and important way, at press is planning for the future to remain cally talking about, how these changes the outset, override the litigation competitive. It sure seems to be working. are going to affect the welfare and the which is currently taking place on this They know where they are going, well-being of these various employees. very issue. Federal Express. They are going into In 1991, Federal Express employees That is interesting, isn’t it? A legis- the trucks to deal with these issues. had gone 7 years without a pay in- lative fix for something that is effec- And they are trying to be characterized crease. Today, we celebrated the in- tively in litigation at the present time as an air carrier so that they will have crease in the minimum wage. We went in the NLRB. Federal Express wasn’t different rules for the road in order to 5 years without an increase in the min- taking a chance that the NLRB might be able to halt the ability of the orga- imum wage. In 1980, the minimum wage rule in one particular way, and they nizers to be able to go forward. provided a livable wage for a family of wanted a legislative fix. They tried and Mr. President, that position was stat- three. Now, this year, prior to this day, tried and tried and tried again. ed just as accurately—and I would refer a family of three would be $3,000 below This is not a technical fix, Mr. Presi- my colleagues and friends to Mr. OBER- the poverty wage. dent. This is a very purposeful, di- STAR’s statement which effectively We had a commitment in this coun- rected, well-organized effort to change says the same; and Mr. NADLER from try, Republicans and Democrats, to say the rules of the game right in the mid- New York, who effectively says the that we are for men and women who dle of the game. Change the rules. Why same. These are members of the House are going to work for a living, that do I say ‘‘change the rules in the mid- Transportation and Infrastructure they be provided a living wage so they dle’’? Because it is, at the present time, Committee. These are not just Mem- honor work. That is a fair and just po- in litigation. And what one side, Fed- bers of the U.S. House of Representa- sition. We had difficulty in getting eral Express, is trying to do, is change tives, these are members of the com- that measure even voted on here in the the rules in the middle of that litiga- mittee of knowledge. U.S. Senate. Republican leaders in the tion. What they refer to, Mr. President, House and Senate refused to even be Let me just continue with what Mr. about this change is the ICC Termi- willing to give us a vote on it. Then, LIPINSKI said: nation Act of 1995 and the conference when we got an agreement to vote on During the debate on the rule, I outlined report. And if you look in the con- it, they wanted to reduce it; and then the history of this dubious Federal Express ference report, the general jurisdiction after we passed it, they wanted to provision. Let us take a closer look at what issues—first of all, if you look at page delay its implementation. my colleagues are calling a technical correc- 154, you will see the Railway Labor Act But today it went into effect for 4.6 tion. amendments. In the first paragraph, million Americans—4.6 million, and The last express carrier, as defined by the the amendment strikes the term ‘‘ex- $1,000 a year, $20 a week. And that went ICC, went out of existence 20 years ago, so at press company’’—that is the term of into effect. the ICC’s suggestion the classification was art. But here, Mr. President, we have the removed from the statute because it was ob- Then under the amendment to the Federal Express employees for 7 years solete. But suddenly, after the ICC bill is signed Interstate Commerce Act’s general ju- without a pay increase. And the com- into law, one company and its countless con- risdiction provisions, it states, ‘‘out- pany planned to reduce the drivers’ sultants decided that it might want to be an dated references to express and sleep- work hours and substitute temporary express carrier some day and started knock- ing car carriers which no longer exist, employees. That is what ignited the ing on doors up here. would be removed.’’ initial organizing drive in 1991. Federal I have already outlined the five other And then you go on to the back and Express responded by giving the work- times FedEx has tried to get this provision look and see who signed it. You find ers a pay increase in 1992 and 1993. into law. Judging by the consistent effort out that the signatories were all the But during the last 3 years, despite and expense they have gone to, it must real- members of the conference committee, the booming business, Federal Express ly be important for them to remove this dead classification. Republican and Democratic alike. employees have not received any raise, But why? Federal Express would not go They all signed it. This idea that this and the company recently announced through all this trouble if they were not suddenly slipped in the drafting of the there would be no further across-the- going to get something out of it. The fact is measure, that somehow people did not board increases. that it is much more difficult for a union to quite understand, that it really is tech- So the Federal Express employees are organize under the Railway Labor Act than nical, it runs completely to the con- in the process of organizing a union. under the National Labor Relations Act. trary. They want a better deal. And what are Mr. President, I explained that ear- It runs contrary to what the Congres- the kind of grievances they have? lier. Under the Railway Labor Act, you sional Research Service has found. It Well, there is Al Ferrier. He has been have to have a national bargaining runs contrary to the explicit words in a tractor-trailer driver for Federal Ex- unit. Under the NLRB, you have local the legislation. It runs contrary to the press for 17 years. He wants a better bargaining units. And each law applies conference report, which bears the sig- deal. He has had three knee surgeries, to those relevant bargaining units. natories of the Democratic and Repub- a shoulder surgery, following on-the- What the purpose of this legislation lican members of this conference com- job injury. Mr. Ferrier was recently di- is is to short-circuit the NLRB’s mak- mittee here in the U.S. Senate. agnosed with cancer. Federal Express ing a judgment to put the trucking as- That happens to be the bottom line, responded to Mr. Ferrier’s misfortune pects of Federal Express under the Mr. President. We understand that by giving him 90 days to find a new job. October 1, 1996 CONGRESSIONAL RECORD — SENATE S12099 Joe Coleman wants a better deal, too. Mr. President, that is what we are night in the Dallas-Philadelphia game. He was Federal Express’s longest serv- looking at. Now we can say, well, is They understand fair play. They under- ice employee when the company fired this really an isolated kind of cir- stand you have a set of rules, you play him. With no union, there was no cumstance in regard to Federal Ex- by them. Not Federal Express. They grievance procedure to protect him or press? I was absolutely startled reading want the rules changed, and not to even give him a chance to prove that through their pamphlets on the ques- changed just for the future—in order to his dismissal was unjust. tions of what they were going to do be able to carry forward their company I could take literally hours to go about workers and how they would con- policy to maintain themselves really through this. I do not know whether Al sider those that might want to get into free from pursuit of grievances by Ferrier or Joe Coleman are going to a union. It is clear in reading through workers, and by undermining litigation have the support of their colleagues to that book—and I see other colleagues that is currently in place. be able to say that ‘‘we want to be or- that want to speak, so I will just touch We do not do that around here very ganized to pursue those,’’ or not. I do on this point briefly. There is no ques- often. We do not take legislative action not know that. We do not know in this tion that the Federal Express is to pull the ground out from families particular forum whether they do or antiworker and the Federal Express Co. and workers in our country that are they do not. But they ought to at least is not shy about its antiunion attitude. playing by the rules and thought they be given a chance. We should not have They distribute to managers a labor would play by this set of rules, and the rug pulled out from under them. law book with specific instructions on then to be in litigation and find out the We should not change the rules of the how to prevent unionization efforts. On Congress in the last hour is playing by road at a time when that issue is before page 2 of the handbook Federal Express a different set of rules. We do not act the NLRB, and that is what this lan- tells the managers, ‘‘Our corporate around here just to benefit one com- guage does. goal is to remain union-free. We all pany. We take action clearly in a gen- eral way. There will be particular com- It is saying to the Al Ferriers and the have the responsibility of making panies that are going to, for one reason Joe Colemans, and the countless other unions unnecessary at Federal Ex- or another, be adversely affected and workers who feel they have not been press.’’ Federal Express devotes a impacted in an unfair and unjust way. treated fairly, we are going to take whole chapter to what are indications We address those. We try to. We never your opportunities away because we of union activity, and in one chapter are going to change the rules of the do it as effectively as I think the public they advise supervisors to be on the thinks we should. That is always com- game and put you under the Railway lookout for these signs and report Labor Act, which means you are not plicated and difficult. problems by calling your local person- going to try and just convince all of That is not what this is about. That nel representative, the Employee Rela- these in your local community or in is not what this is about. That is not tions Department in Memphis. What your town; you are going to have to ef- this circumstance. This is a clear are these sinister signs? Employees fectively convince everyone in this power grab by Federal Express to carry country because of the outreach of begin leaving the premises for lunch in forward its antiworker philosophy, and Federal Express. unusual numbers; employees show un- it is changing the rules in the middle of These are real grievances. These are usual interest in compensation, person- the game. It is basically unworthy for real families. These are real working nel, and other company policies. the Senate to favor that particular po- men and women that are trying to do Mr. President, maybe they are in the sition. All we are trying to do is to get this. And all we are just saying is that union, maybe they are not. I am not that provision removed. We could have we are not going to just stand by, by saying one way or the other, but we tried yesterday but we were prevented the sleight of the hand, and take away ought not to say we are going to from doing that by the Republican the legitimate interests of these work- change the rules of the road. If Federal leadership—to say OK, we will pass the ing families. That is the issue. Express has that attitude, so be it. But FAA without this provision, send it We will hear later on about what we we ought to understand it and it makes over to the House, and as all of us were really intending to do, and that it much clearer in understanding what know, everyone in this body knows, the this is really not going to change this proposal is about, what this pro- House of Representatives is subject to things. That is what the issue is: posal is about and what their intention the call of the Chair. This would fly Whether these men and women have a is about. through the House of Representatives. right under the existing laws, existing It is just a measure we wanted to We heard the same arguments when we laws here in the United States, to be make sure conformed with the previous had the minimum wage that we could able to make a judgment and a deter- legislation. You put this evidence to- not pass, just before the August recess, mination by convincing some, ‘‘Come gether about what the activities of because the House was going to be out. with us and let us form a union;’’ or Federal Express have been, the efforts We had it on Lodine. If Members will maybe they will be defeated. they have gone to change this, what remember, there was a special tax pro- We are not making a judgment on their own corporate attitude is, what vision for one particular company that that. All we are saying to those who their conditions are in terms of their was added to an agricultural appropria- support our position is let them play employees, and you find out and see tion in the last hours and here on the by the rules that exist today—not in very clearly what has been happening floor of the Senate there was such a this legislation, not in this legislation with regard to Federal Express employ- row by Members—Republican and Dem- that is being enacted here that was ees. ocrat alike—that this was a special changed, which was never in the bill Mr. President, there are others here provision for a special company. We that passed the House or in the bill that want to address the Senate but I heard at that time, ‘‘We cannot do that that passed the Senate and was basi- will conclude with these brief remarks. now because the House of Representa- cally discarded on a half a dozen dif- There is no question that this provi- tives is not there.’’ We know the House ferent occasions and needed a special sion was put in here purposely to affect of Representatives at the call of the rule in the House of Representatives, Federal Express’ clear interests. That Chair passes those measures. even with people saying this is just a has been demonstrated during the Given the vote in the House of Rep- technical change, a technical change. course of the debate not just in the resentatives, given the vote in the Well, the House Republican Par- U.S. Senate, but the House of Rep- House of Representatives which was so liamentarian understood this is cer- resentatives and the actions by Federal incredibly close, a 20-vote difference, tainly more than a technical change Express. They are entitled, as a com- with 30 Republicans in the House of when he studied it and ruled on it. He pany, to pursue whatever interests Representatives voting with the Demo- understood it was more than a tech- they might have—I recognize that— crats. Mr. President, 30 Republicans nical change. That is the only provi- but not to change the rules in the mid- voted with the Democrats because they sion, the only provision of the con- dle of the game. That is what they are felt this kind of procedure was unwor- ference report they had an independent doing—changing the ground rules. thy, 30 Republicans, and 15 Democrats vote on, because it was outside the Americans understood fair play. went the other way. It was decided in scope and added at the final hour. They see it every day. They saw it last the House by 20 votes. S12100 CONGRESSIONAL RECORD — SENATE October 1, 1996 Mr. President, they had the full de- opinion, but not everybody is entitled sponses to them. What the Senator bate. They understand this is a great to their facts. The facts are that the from Massachusetts says may be true, deal more than just a technical amend- Senator from Massachusetts stated but I have different information. ment. It is a substance amendment. We that only Airport Improvement Pro- But what cannot be disputed here, ought to free this legislation from it gram moneys, aviation improvement Mr. President, is that thousands of and pass this legislation and get on fund moneys, would be affected by the workers are not working today or to- with the rest of the country’s business. lack of passage of this bill. Mr. Presi- morrow or Thursday because the Sen- Could I ask how much time remains? dent, that is not correct. The aviation ator from Massachusetts refuses to The PRESIDING OFFICER. The Sen- trust fund is unique. The Finance Com- allow this bill to move forward and the ator from Massachusetts has 58 min- mittee and the Joint Committee on conference report to be voted on, and utes remaining. Taxation have studied this issue, and that includes aviation safety and air- Mr. MCCAIN. Mr. President, I yield their staff state that the language in port security. myself such time as I may consume. I the code regarding ‘‘meeting obliga- Mr. President, let me finally say that will be very brief because the Senator tions of the United States,’’ which, I this legislation does not prevent Fed- from South Carolina is waiting to repeat, is unique to this one section of eral Express from being subject to speak. the code, effectively means that all union organization. Federal Express Mr. President, the Senator from Mas- spending out of the trust funds bill will will be treated as every other major sachusetts keeps alleging that some- be stopped. corporation in America, which I hope how we could pass this bill by remov- This means countless aviation safety the Senator from South Carolina will ing this legislative provision and then programs, jobs, and airport construc- elaborate on, and will be subject to all getting it passed. And clearly, the Sen- tion programs will be affected, and are of the laws that apply to all companies ator from Massachusetts is entitled to affected as we speak, but will be more and corporations in the United States. that opinion. affected as we wait until Thursday and If the workers of Federal Express want Unfortunately, it is not shared by the will be more affected between the time to become unionized, they will be al- Democratic leader, Mr. DASCHLE, who the bill is passed and goes to the Presi- lowed to do so under existing law. had a press briefing this morning which dent’s desk. Furthermore, if this bill is I yield to the Senator from South I will quote from: not passed, we cannot have criminal Carolina such time as he may consume. Question. Isn’t the bottom line on this history background checks and the Mr. HOLLINGS. I thank the Senator FedEx business, that if you don’t pass the FAA will not be able to deploy $175 from Arizona. Mr. President, the dis- bill, and you do pass some sort of a continu- million for explosive detection tech- tinguished Senator from Massachusetts ing funding resolution or mechanism, that nologies—many which are made in has just spewed out such a bunch of FedEx does not get its way and that the Massachusetts. I repeat, this informa- nonsense that it is hard to know where Teamsters do? tion comes from the Finance Commit- DASCHLE. Well, it’s more complicated than to begin. One is with respect to Federal that. At this point, we can’t send a bill back tee and the Joint Committee on Tax- Express. Like the Senator from Ari- to the House because I don’t anticipate that ation both. zona, I am learning about Federal Ex- they’ll come back. So the Senator from Massachusetts press. I refer, Mr. President, to ‘‘The And because they won’t come back, and does not have his facts correct on what 100 Best Companies to Work for in there’s no desire to. Any change we’d have to is stopping being funded. Let me give a America,’’ by Robert Levrig and Milton make would require unanimous consent. brief comment on some of the projects Moskowitz, of last year. On page 121: We’re told any change to this bill would not that we have already heard from—some acquire the necessary unanimous consent The Federal Express invented overnight of the programs that are stopped: Prov- parcel delivery. U.S. employees: 77,700. agreement there. idence, RI, debt service for a new ter- And as a result, we are really left with the It is now over 105,000 domestic, and a conference agreement that has now been minal, letter of intent; Philadelphia, PA, site preparation for new commuter total of 125,000, growing at 15 percent written. So our options are very, very lim- per year. But this particular edition ited. So it’s not even a question of who wins runway; Ithaca, NY, entitlement for has the top-top rating of five stars, and or who loses with regard to that specific pro- runway project, phase 2; Albany Coun- vision, the question is, are we going to pass ty, NY, new terminal project; Parkers- really about the highest rating is four a conference report that really needed to be burg, WV, mud slide; Parkersburg, WV, stars. Thumbing through this when I passed yesterday? finish a new airport; Buckhannon, WV, was given it, I could not find any other Question. You’ve passed it, you’ve got a site preparation for runway extension; company with the five stars. Let me funding problem. show you immediately under that par- DASCHLE. Exactly. Buffalo, NY, terminal project, letter of Question. And you can’t resolve that ei- intent; Portland, OR, runway recon- ticular provision. On pay and benefits, ther. struction; Denver, CO, debt service for Federal Express is rated four stars; DASCHLE. We can’t resolve that. I mean, we new airport, letter of intent; Seattle, under opportunities, four stars; under have—short of bringing the House of Rep- WA, ongoing noise program; Memphis, job security, five stars; in pride in resentatives back into session, we can’t find TN, cash-flow problem. work and company, four stars; open- another way, another vehicle, another fund- The list goes on and on, Mr. Presi- ness and fairness, five stars; camara- ing mechanism. derie and friendliness, four stars. The And as I indicated, that the leadership in dent. We are already hearing from the the House have already made it known that airport managers who are not able to biggest plus, ‘‘you probably won’t get they don’t plan to come back. move forward on these critical airport zapped.’’ Biggest minus, ‘‘you may not Question: So you’ve got to pass this bill? projects. They are not able to move be an overnight success.’’ DASCHLE. We’ve got to pass this bill. forward. Now, since the distinguished Senator I am sorry that the Senator from Mr. President, look, I am not famil- has raised the point that the Senator Massachusetts does not agree with his iar with FedEx. I certainly have known from South Carolina is zapping the em- elected leader here in his party, who many of their employees. There are ployees, I thought I would have to read clearly says we have to pass this bill, 125,000 of them. Allegation: Joe Cole- that. At least Federal Express hasn’t which he also says we should have man was fired and received no griev- raised that point, or zapped anyone, ac- passed yesterday. ance. Joe Coleman was fired and re- cording to that best-of-the-best edi- Why should we have passed it yester- ceived no grievance procedure. Truth: tion. So I more or less have to clear the day, Mr. President? Because there are FedEx has an internal grievance proce- record to defend my record, because we thousands of men and women who are dure, and Mr. Coleman appealed his are not about zapping employees. We workers who are not working, who discharge and was reinstated in 1991. are not about end-running. We are not would be working if the Senator from He subsequently quit. Allegation: Al about changing the rules in the middle Massachusetts had allowed this bill to Ferrier received injuries and was told of the game. pass, rather than have the bill read last to find a new job in 90 days. Truth: Mr. The truth is, Mr. President, that if night for 5 hours, as he did, and keep- Ferrier was offered a full-time job, we had known last December 22 that ing this body tied up. which he turned down, a month ago. the little phrase ‘‘express company’’ Mr. President, let me also point out Mr. President, I don’t know the facts was being dropped from the ICC Termi- that everybody is entitled to their of these cases. These are other re- nation Act, and they would have said, October 1, 1996 CONGRESSIONAL RECORD — SENATE S12101 ‘‘Senator, we are going to have to drop to represent in Federal Express’ Liberty Dis- 747–200’s, DC 10–10’s, DC–10–30’s and McDon- this provision,’’ I would have said, trict. According to the UAW, the employees nell-Douglass MD–11’s. Federal Express also ‘‘Wait a minute,’’ if I would have it seeks to represent in the Liberty District operates approximately 250 feeder aircraft, known it, and I would have made that do not perform airline work and are not ‘‘in- including Cessna 208’s and Fokker 27’s. It has tegral to Federal Express’ air transportation over 50 jet aircraft on order. exact charge: You can’t change the functions.’’ Federal Express currently serves the Unit- rules in the middle of the game. Federal Express asserts that it is a carrier ed States and several countries in the Middle Why do I say that? Because those subject to the Railway Labor Act and, as a East, Europe, South America and Asia, in- same employees he talks about over in carrier, all of its employees are subject to cluding Japan, Saudi Arabia and Russia. Ac- Philadelphia have had 5 years with the Railway Labor Act. Federal Express cording to Managing Director of Operations their lawyer, and unlike what the Sen- notes that the Board and the courts have re- Research Joseph Hinson, Federal Express ator from Massachusetts has said peatedly found it to be a carrier subject to does not transport freight that moves exclu- about the board—I will read his state- the Railway Labor Act. According to Federal sively by ground to or from the United Express, the job classifications remaining in States. ment from the CONGRESSIONAL RECORD. the petition are integrally related to Federal * * * * * I refer to yesterday’s RECORD at page Express’ air transportation activities. Fed- S11854: eral Express contends that it is a ‘‘unified III. DISCUSSION Federal Express challenged the petition, operation with fully integrated air and The National Mediation Board has exer- arguing that the entire company, including ground services.’’ According to Federal Ex- cised jurisdiction over Federal Express as a its truck drivers, is covered by the Railway press, allowing some employees to be cov- common carrier by air in numerous pub- Labor Act, not the National Labor Relations ered by the National Labor Relations Act lished determinations. Federal Express Act, and that therefore the bargaining unit and others to be subject to the Railway Corp., 22 NMB 279 (1995); Federal Express for its truck drivers must be nationwide. The Labor Act would result in employees being Corp., 22 NMB 257 (1995); Federal Express board has not yet decided the issue. covered by different labor relations statutes Corp., 22 NMB 215 (1995); Federal Express as they are promoted up the career ladder. Corp., 20 NMB 666 (1993); Federal Express Absolutely false. Federal Express contends that the two- Corp., 20 NMB 404 (1993); Federal Express I ask unanimous consent to have part test suggested by the UAW is not appro- Corp., 20 NMB 394 (1993); Federal Express printed in the RECORD excerpts of the priate in this case. According to Federal Ex- Corp., 20 NMB 360 (1993); Federal Express decision of the board. press, the Board uses the two-part test to de- Corp., 20 NMB 126 (1993); Federal Express There being no objection, the mate- termine whether a company is a carrier, not Corp., 20 NMB 91 (1992); Federal Express rial was ordered to be printed in the to determine whether specific employees of a Corp., 20 NMB 7 (1992); Federal Express Corp., RECORD, as follows: carrier perform duties that are covered by 19 NMB 297 (1992); Federal Express Corp., 17 the Railway Labor Act. Federal Express cau- NMB 24 (1989); Federal Express/Flying Tiger, NATIONAL MEDIATION BOARD, tions that adoption of the test suggested by 16 NMB 433 (1989); Federal Express, 6 NMB 442 Washington, DC, November 22, 1995. the UAW ‘‘would drastically alter labor rela- (1978). In eight of those determinations, the JEFFREY D. WEDEKIND, tions at every airline in the country.’’ Ac- Board exercised jurisdiction over ground Acting Solicitor, National Labor Relations cording to Federal Express, under the UAW’s service employees of Federal Express, 6 NMB Board, Washington, DC. test, most categories of employees except pi- 442 (1978). In eight of those determinations, Re NMB File No. CJ–6463 (NLRB Case 41–RC– lots, flight attendants and aircraft mechan- the Board exercised jurisdiction over ground 17698). ics would be subject to the NLRA. service employees of Federal Express. The DEAR MR. WEDEKIND: This responds to your The Board repeatedly has exercised juris- substantial record developed in this proceed- request dated July 17, 1995, for the National diction over Federal Express. Federal Ex- ing provides no clear and convincing evi- Mediation Board’s (Board’s) opinion as to press Corp., 22 NMB 279 (1995); Federal Ex- dence to support a different result. whether Federal Express Corporation (Fed- press Corp., 22 NMB 257 (1995); Federal Ex- A. eral Express or FedEx) and certain of its em- press Corp., 22 NMB 215 (1995); Federal Ex- ployees is subject to the Railway Labor Act, Section 181, which extended the Railway press Corp., 20 NMB 404 (1993); Federal Ex- Labor Act’s coverage to air carriers, pro- as amended, 45 U.S.C. § 151, et seq. The press Corp., 20 NMB 394 (1993); Federal Ex- Board’s opinion, based upon the materials vides: press Corp., 20 NMB 360 (1993); Federal Ex- ‘‘All of the provisions of subchapter 1 of provided by your office and the Board’s in- press Corp., 20 NMB 126 (1993); Federal Ex- this chapter except section 153 of this title vestigation is that Federal Express and all of press Corp., 20 NMB 91 (1992); Federal Express are extended to and shall cover every com- its employees are subject to the Railway Corp., 20 NMB 7 (1992); Federal Express Corp., mon carrier by air engaged in interstate or Labor Act. 19 NMB 297 (1992); Federal Express Corp., 17 foreign commerce, and every carrier by air I. NMB 24 (1989); Federal Express/Flying Tiger, transporting mail for or under contract with This case arose as the result of a represen- 16 NMB 433 (1989); Federal Express, 6 NMB 442 the United States Government, and every air tation petition filed with the National Labor (1978). There is no dispute that Federal Ex- pilot or other person who performs any work as Relations Board (NLRB) by the Inter- press is a carrier subject to the Railway an employee or subordinate official of such car- national Union, United Automobile Aero- Labor Act with respect to certain Federal rier or carriers, subject to its or their continuing space and Agricultural Implement Workers Express employees (i.e. Pilots; Flight At- authority to supervise and direct the manner of of America (UAW). The UAW initially sought tendants, Global Operations Control Special- rendition of his service. 45 U.S.C. § 181. (Em- to represent a unit of Federal Express’s em- ists; and Mechanics and Related Employees; phasis added). ployees including ‘‘all regular full and part- Stock Clerks; and Fleet Service Employees). Federal Express is an air express delivery time hourly ground service employees in the However, the Board has not addressed the service which holds itself out for hire to Liberty District.’’ On December 9, 1991, the issue raised by the UAW: whether or not cer- transport packages, both domestically and UAW amended its petition to exclude ‘‘ramp tain Federal Express employees are subject internationally. Federal Express and the agents, ramp agent/feeders, handlers, senior to the Railway Labor Act. UAW agree that Federal Express and its air handlers, heavyweight handlers, senior The NLRB initially requested the NMB’s operations employees, such as pilots and air- heavy weight handlers, checker sorters, sen- opinion as to whether FedEx is subject to craft mechanics, are subject to the Railway ior checker/sorters, shuttle drivers, shuttle the RLA on July 1, 1992. However, on that Labor Act. The disagreement arises over driver/handlers, office clerical employees, date, the NLRB granted the UAW’s request whether Federal Express’ remaining employ- engineers, guards and supervisors as defined to reopen the record and the file was re- ees are subject to the Railway Labor Act. in the Act [NLRB].’’ The titles remaining in turned to the NLRB. The NLRB renewed its The UAW argues that the employees it seeks the UAW’s petition include: service agents, request on July 17, 1995 and the NMB re- to represent do not perform airline work and senior service agents, international docu- ceived the record on July 31, 1995. The NMB are not ‘‘integral to Federal Express’ air ment agents, couriers, courier/handlers, trac- received additional evidence and argument transportation functions.’’ Federal Express tor-trailer drivers, dispatchers, courier/non- from FedEx and the UAW on August 17, 1995 asserts that all of the employees sought by drivers and operations agents. and September 5, 1995. the UAW are integrally relate to its air ex- The UAW argues that the employees it II. press delivery service and are subject to the seeks to represent in Federal Express’ Lib- Federal Express, a Delaware corporation, Railway Labor Act. erty District are employees subject to the is an air express delivery service which pro- Since there is no dispute over whether Fed- National Labor Relations Act (NLRA). The vides worldwide express package delivery. eral Express is a common carrier by air, the UAW acknowledges that pilots and aircraft According to Chairman of the Board and Board focuses on whether the employees mechanics employed by Federal Express are Chief Executive Officer Frederick Smith, sought by the UAW’s petition before the subject to the Railway Labor Act. However, Federal Express flies the sixth largest jet NLRB are subject to the Railway Labor Act. the UAW contends that the two-part test aircraft fleet in the world. The Act’s definition of an employee of an air traditionally employed by the Board to de- Federal Express’ jet aircraft fleet cur- carrier includes, ‘‘every air pilot or other termine whether an entity is a carrier should rently includes Boeing 727–100’s, Boeing 727– person who performs any work as an em- be applied to the unit of employees it seeks 200’s, Boeing 737’s, Boeing 747–100’s, Boeing ployee or subordinate official of such carrier S12102 CONGRESSIONAL RECORD — SENATE October 1, 1996 or carriers, subject to its or their continuing ly crucial to Federal Express’ mission as an Mr. HOLLINGS. This decision is authority to supervise and direct the manner integrated air express delivery service. As dated November 22, 1995. You don’t of rendition of his service’’. The Railway the record demonstrates, without the func- have to read the entire decision. It is a tions performed by the employees at issue, Labor Act does not limit its coverage to air very interesting thing, because back in carrier employees who fly or maintain air- Federal Express could not provide the on- craft. Rather, its coverage extends to vir- time express delivery required of an air ex- 1991: tually all employees engaged in performing a press delivery service. . . . UAW amended its petition to exclude service for the carrier so that the carrier The Board has employed the ‘‘integrally ‘‘ramp agents, ramp agent/feeders, handlers, may transport passengers or freight. related’’ test when it has examined whether senior handlers, heavyweight handlers, sen- In REA Express, Inc., 4 NMB 253, 269 (1965), to apply the trucking exemption under § 151 ior heavyweight handlers, checker sorters, the Board found ‘‘over-the-road’’ drivers em- of the Act. 0/0 Truck Sales, 21 NMB at 269; senior checker/sorters, shuttle drivers, shut- ployed by REA subject to the Act stating: Florida Express Carrier, Inc., 16 NMB 407 tle driver/handlers, office clerical employees, ‘‘It has been the Board’s consistent posi- (1989). Specifically, the board has applied the engineers, guards and supervisors as defined tion that the fact of employment by a ‘‘car- ‘‘integrally related’’ test when it has consid- under the act. rier’’ under the Act is determinative of the ered trucking operations conducted by a sub- sidiary of a carrier or a company in the same So it was not any question about who status of all that carrier’s employees as sub- all was to be covered because they had ject to the Act. The effort to carve out or to corporate family with a carrier. In Florida separate the so-called over-the-road drivers Express, supra, the Board found Florida Ex- a chance to amend it. This is 5 years press, a trucking company which is a wholly- would be contrary to and do violence to a ago when this started. But let me read owned subsidiary of Florida East Coast Rail- long line of decisions by this Board which a couple of other points. road, to be a carrier subject to the Railway would embrace the policy of refraining from This is the National Mediation Board Labor Act. In O/O Truck Sales, supra, the setting up a multiplicity of crafts or classes. talking. It was a unanimous decision, Board found O/O Truck Sales, a trucking and As stated above, there is no question that fueling company which is a wholly-owned never appealed and at the NLRB since this particular group are employees of the subsidiary of CSXI (which is commonly last November. And in 50 years with 100 carrier.’’ (Emphasis in original). cases under the Railway Labor Act, the The limit on Section 181’s coverage is that owned with CSXT), to be a carrier subject to the carrier must have ‘‘continuing authority the Railway Labor Act. In contrast, Federal NLRB has yet to reverse it. And if he to supervise and direct the manner of ren- Express directly employs truck drivers, can show me—I was asking for the Sen- dition of . . . [an employee’s] service. The couriers and all other employees sought by ator or a House Member—that actually couriers, tractor-trailer drivers, operations the UAW’s petition. said, let’s knock this express company agents and other employees sought by the C. reference out, I would jump off the UAW are employed by Federal Express di- The UAW argues that the Board should Capitol dome. He can’t find it. rectly. As the record amply demonstrates, apply the two-part test used by the Board in It was an innocent mistake. It was other factual settings for determining these employees, as part of Federal Express’ after this finding of November 22, 1995, air express delivery system, are supervised whether an employer and its employees are by Federal Express employees. The Board subject to the Railway Labor Act. See, for done in December 1995. So it was after need not look further to find that all of Fed- example, Miami Aircraft Support, 21 NMB 78 the rules of the road that are now try- eral Express’ employees are subject to the (1993); AMR Services, Corp., 18 NMB 348 ing to be changed, and that is why we Railway Labor Act. (1991). The Board does not apply the two-part are trying to correct. That has been test where the company at issue is engaged B. the most difficult thing. The Members in common carriage by air or rail. The Board really have not kept up with this at In the Board’s judgment, the analysis of applies the two-part test where the company the jurisdictional question could end here. in question is a separate corporate entity all. However, Federal Express and the UAW have such as subsidiary or a derivative carrier But the NLRB requested the Na- directed substantial portions of their argu- which provides a service for another carrier. tional Mediation Board’s opinion. This ments the ‘‘integrally related’’ test. Specifi- In those situations where the Board applies is the customary process. I am learning cally, the participants discuss whether the the two-part test, it determines: (1) whether a little bit of labor law. The NLRB ini- employees the UAW seeks to represent are the company at issue is directly or indirectly ‘‘integrally related’’ to Federal Express’ air tially requested the National Medi- owned or controlled by a common carrier or ation Board’s opinion as to whether carrier functions. The Board does not find carriers; and (2) whether the functions it per- consideration of the ‘‘integrally related’’ forms are traditionally performed by em- FedEx is subject to the RLA on July 1, test necessary to resolve the jurisdictional ployees of air or rail carriers. Under this 1992. They held it up. However, on that issue, however, review of the relevance of test, both elements must be satisfied for a date, the NLRB granted the UAW’s re- this test is appropriate. company to be subject to the Railway Labor quest to reopen the record and to file The UAW argues that the employees it Act. Federal Express is an admitted carrier with the NLRB. seeks to represent are not integrally related and the employees at issue are employed di- While we hear that the poor workers to Federal Express’ air carrier functions and rectly by Federal Express. Accordingly, the have been trying to get their day in therefore are not subject to the Railway two-part test does not apply to this proceed- Labor Act. Federal Express asserts that the ing. court, their lawyer is up there saying, NLRB and federal courts have found its Even if the two-part test were applicable, ‘‘Wait a minute. Hold it up. Return it trucking operations integrally related to its the employees at issue here would be covered to the NLRB.’’ The NLRB renewed its air operations. by the Railway Labor Act. Federal Express, request on July 17, 1995—3 years. I said, However, the Board does not apply the ‘‘in- as a common carrier, has direct control over ‘‘How in the world do you hold things tegrally related’’ test to the Federal Express the positions sought by the UAW. In addi- up over there in 3 years?’’ They said, ‘‘I employees sought by the UAW. Where, as tion, the Board has found that virtually all will tell you what happened, Senator. here, the company at issued is a common of the work performed by employees sought carrier by air, the Act’s jurisdiction does not by the UAW’s petition is work traditionally They have a wild one over there in this depend upon whether there is an integral re- performed by employees in the airline indus- fellow Gould who is the chairman.’’ lationship between its air carrier activities try. For example: couriers, Air Cargo Trans- And he was trying his dead level best and the functions performed by the carrier’s port, Inc., 15 NMB 202 (1988); Crew Transit, to change the process of taking those employees in question. The Board need not Inc., 10 NMB 64 (1982); truck drivers; Florida under the Railway Labor Act to be de- consider the relationship between the work Express, Inc., 16 NMB 407 (1989); customer termined by the National Mediation performed by employees of a common carrier service agents; Trans World International Board and have it determined by the Airlines, Inc., 6 NMB 703 (1979). and the air carrier’s mission, because section National Labor Relations Board itself. 181 encompasses ‘‘every pilot or other person CONCLUSION He finally got outvoted. He tried for 3 who performs any work as the employee or Based upon the entire record in this case subordinate official of such carrier or car- and for all of the reasons stated above, the years. He tried for whatever time he riers. . . . ’’ Board is of the opinion that Federal Express was there. Even if the Board were to assume arguendo Corporation and all of its employees sought But that was the issue. I couldn’t un- that the ‘‘integrally related’’ test applies to by the UAW’s petition are subject to the derstand why they would hold it up, the facts in this case, the Board would hold Railway Labor Act. This finding may be and why we have the Senator from in concurrence with the recent decision in cited as Federal Express Corporation, 23 Massachusetts crying about the poor Federal Express Corp. v. California PUC, NMB 32 (1995). The documents forwarded workers are not having any of their supra, at note 10, that the ‘‘trucking oper- with your letter will be returned separately. ations of Federal Express are integral to its By direction of the National Mediation rights, and they are trying to play by operations as an air carrier.’’ 936 F.2d at 1078. Board. the rules. Come on. Employees working in the other positions STEPHEN E. CRABLE, Here you go. Let me read it to you. sought by the UAW perform functions equal- Chief of Staff. The NLRB renewed its request on July October 1, 1996 CONGRESSIONAL RECORD — SENATE S12103 17, 1995. The National Mediation Board . . . the trucking operations of Federal Ex- ered by the Railway Labor Act, and the received the record on July 31, 1995. press are integral to its operations as an air technical correction does not change The National Mediation Board received carrier. Employees working in the other po- that status. It changes future proceed- additional evidence and argument from sitions sought by the UAW perform functions ings, not the one the Senator is talking equally crucial to Federal Express’s mission FedEx and the UAW on August 17, 1995, as an integrated air express delivery service. about that they can make another ar- and September 5, 1995. gument. They can make these argu- Finally. This is the full unanimous decision of ments. the National Mediation Board—Novem- . . . the Board is of the opinion that Fed- I ask unanimous consent to print in eral Express Corporation and all of its em- the RECORD this reference to all these ber 22, 1995, for those who are over ployees sought by UAW’s petition are subject there struggling to get their day in cases. to the Railway Labor Act. This finding may There being no objection, the mate- court. Come on. They had 5 years to go be cited as Federal Express Corporation, 23 after it. They can start again. I think NMB 32 (1995). The documents forwarded rial was ordered to be printed in the it ought to be made clear because I with your letter will be returned separately. RECORD, as follows: want to read some of this to make sure By direction of the National Mediation FEDERAL EXPRESS IS COVERED BY THE RAIL- that they all understand that we are Board, Stephen E. Crable, Chief of Staff; WAY LABOR ACT. THE TECHNICAL CORREC- not coming in here pulling the rug out Rush O’Keefe, Esq.; Paul Jones, Esq.; Wil- TION DOES NOT CHANGE THAT STATUS. liam Josem, Esq.; Arthur Luby, Esq. from under employees. The Senator Since commencing operations 23 years ago, from Massachusetts says we are ‘‘pull- I have been asking for a Senator or a Federal Express and its employees consist- ing the rug out’’—after 5 years with House Member who said that we ently have been determined by the federal courts, the National Mediation Board and their lawyer and everything else of shouldn’t make this change, the mis- take that was made. They can’t find the National Labor Relations Board to be that kind. subject to the RLA. See e.g., Chicago Truck Everyone should understand that one. I will ask. Give me that UAW law- Driver, Helpers and Warehouse Workers Union labor is very, very virile and strong yer that has made the motion in the v. National Mediation Board, 670 F.2d 665 (7th under the Railway Labor Act. In fact, last 11 months before the National Cir. 1982), Chicago Truck Drivers, Helpers and 65 percent to 70 percent of employees Labor Relations Board. The gentleman Warehouse Workers Union v. National Labor under the Railway Labor Act are orga- says here, ‘‘This is a matter that is Relations Board, 599 F.2d 816 (7th Cir. 1979); Adams v. Federal Express Corp., 547 F.2d 319 nized, whereas in the private sector currently in litigation.’’ False—threw it back over there to the NLRB, and (6th Cir. 1976), cert. denied, 431 U.S. 915 (1977); under the NLRB, the National Labor Federal Express Corp., 22 N.M.B. 57 (1995); Fed- Relations Board, and the National they are sitting on it like they sat on eral Express Corp., 22 N.M.B. 157 (1995); Federal Labor Relations Act, only 11 percent. it for 3 years after UAW brought it. Express, 22 N.M.B. 215 (1995); Federal Express So this isn’t trying to get a protec- There is nothing you can do about it. Corp., 22 N.M.B. 279 (1995); Federal Express, 20 tive situation. We are not ‘‘pulling the You have the fellow Gould over there. N.M.B. 666 (1993); Federal Express, 20 N.M.B. legislative rug out’’. He will squat. I can’t get him up off his 486 (1993); Federal Express, 20 N.M.B. 404 (1993); ‘‘whatever.’’ But I can tell you now. It Federal Express, 20 N.M.B. 394 (1993); Federal Let me just read a couple of parts in Express, 20 N.M.B. 360 (1993); Federal Express, the conclusion part because it says: is not in any litigation at all. It is unanimously determined on the merits, 20 N.M.B. 7 (1992); Federal Express, 20 N.M.B. The limit on section 181’s coverage is that 91 (1992); Federal Express Corp., 17 N.M.B. 24 the carriers must have continuing authority after 5 years and 11 months later, with (1989); Federal Express, 17 N.M.B. 5 (1989); Fed- to supervise and direct the manner of ren- no motion, no appearance, no noth- eral Express Corp, and Flying Tiger Line, Inc., dition and employees’ service, the carriers’ ing—just sitting on it over there. 16 N.M.B. 433 (1989); Federal Express Corp., 6 tractor-trailer drivers, operations agents, This is a matter that is currently in N.M.B. 442 (1978); Federal Express, N.L.R.B. and other employees sought by the UAW em- litigation even while we are here Case No. 22-RC-6032 (1974); Federal Express, ployed by Federal Express directly. As the today. It is like Edward R. Morrow N.L.R.B. Case No. 1-CA-22,685 (1985); Federal record amply demonstrates, these employ- down in the South Pacific or some- Express, N.L.R.B. Case No. 1-CA-25084 (1987); ees, as part of the Federal Express delivery thing in World War II. The Senator Federal Express, N.L.R.B. Case No. 10-CCA- system, are supervised by Federal Express 17702 (1982); Federal Express Corp., N.L.R.B. employees. The Board need not look further from Massachusetts says: We ought to Case No. 13-RC-14490 (1977); Federal Express, to find that all of Federal Express employees let the litigation move forward, but the N.L.R.B. Case No. 13-CA-30194 (1991). The are subject to the Railway Labor Act. action that is taken on the FAA bill charges filed with Region 13 in Chicago, Case The contention of the Senator from has preempted effectively the litiga- No. 13-CA-3019 and Region 1 in Boston, Case Massachusetts is that we have to get tion which is under consideration even No. 1-CA-22,585 were withdrawn after we pre- sented the above evidence of our jurisdictional the language out of this bill because we as we meet here today. Come on. Come on. Wait a minute. status. in conference tried to change the rules The National Mediation Board (NMET) re- of the road; that we tried to pull the There ought to be some test of the cently ruled on Federal Express RLA status rug out so that they wouldn’t be cov- truth in the facts here. When the peo- by stating unequivocally that ‘‘Federal Ex- ered by the Railway Labor Act. The ple who wrote the provision, trying to press and all of its employees are subject to truth of the matter is, the very case he do the honest thing, get accused of the Railway Labor Act.’’ Federal Express Cor- refers to in Philadelphia after 5 years pulling rugs out and jamming, I will poration, 23 N.M.B. 32 (1995). The term ‘‘employer’’ under the National and a unanimous opinion found just take that test. I will ask the colleagues to study these facts and to see whether Labor Relations Act excludes ‘‘...any person what I have read. We are trying to subject to the Railway Labor Act:’’ 29 U.S.C. clear up the inconsistency of the drop- the Senator from Massachusetts is § 152 (2). Excluded from the definition of ‘‘em- ping of the designation, which is appro- jamming it or the Senator from South ployee’’ under the National Labor Relations priate and should be done. They know Carolina is jamming it and then let Act is’’...any individual employed by an em- it. Let me read further. them make their vote. ployer subject to the Railway Labor Act...’’ 29 U.S.C.§ 152 (3). The Railway Labor Act de- In the Board’s judgment, the analysis of It is crystal clear what is going on fines ‘‘carrier’’ as ‘‘... (including) every com- the jurisdictional question should end here. here. It is crystal clear. Everybody wanted to correct it. But labor told us, mon carrier by air engaged in interstate or However, I want to read a further they said, ‘‘You are not going to do it. foreign commerce...’’45 U.S.C. § 151, First and paragraph. § 181. Federal Express is a common carrier by We are going to filibuster. We are going air engaged in interstate and foreign com- The UAW argues that the employees it to veto it at the White House.’’ I did re- seeks to represent are not integrally related merce, and is certificated pursuant to Sec- to Federal Express’s air carrier functions member that the Vice President was tion 401 of the Federal Aviation Act. and, therefore, are not subject to the Rail- from Tennessee. I said, ‘‘I don’t think That interpretation of the statute consist- way Labor Act. that that is going to happen. No.’’ And ently has been applied by the NMB. Section I said, ‘‘I don’t think that they are 201 of the RLA, 45 U.S.C. Section 181, pro- Going further, answering that argu- vides that the Act ‘‘shall cover every com- ment on the next page: going to filibuster.’’ I think we can get 60 votes for the truth and facts. mon carrier by air engaged in interstate and Even if the Board were to assume arguendo foreign commerce . . . and every air pilot of that the integrally related test applies to the Now we hear about the NLRB, refer- other person who performs any work as an em- facts in this case, the Board would hold in ring to all of these cases like you can- ployee or subordinated official of such carrier or concurrence with the recent decision in Fed- not get a case up there. Hundreds and carriers, subject to its or their continuing au- eral Express Corporation v. California PUC hundreds of cases here have been cov- thority to supervise and direct the manner of S12104 CONGRESSIONAL RECORD — SENATE October 1, 1996 rendition of his service.’’ (Emphasis added). were trying to determine the intent of Then he states in here: ‘‘The deletion In accordance with that legislative directive, Congress: Was it as described by the of the term ‘express company’ from anyone employed by an air carrier engaged Senator from Massachusetts, or an in- section 1 of the RLA does not appear to in interstate or foreign commerce is covered nocent mistake by my description? have been inadvertent or mistaken.’’ by the RLA. As was explained in REA Ex- press, Inc., 4 N.M.B. 253, 269 (1965): Everybody agreed that there was a That is an astonishing conclusion, ‘‘It has been the Board’s consistent posi- mistake made. We did not even know it Mr. President, because it ignores the tion that the fact of employment by a ‘‘car- was in there. And please, my gracious, ICC Termination Act itself, the very rier’’ is determinative of the status of all instead of coming with the language it- sentence I read. The change to the RLA that carrier’s employees as subject to the self in the act, he runs all around his was through a conforming amendment Act. The effort to carve out or separate the elbow and refuses to put this in his to the ICC Termination Act which in- so-called over-the-road drivers would be con- three-page decision. cluded the provision, and I quote, ‘‘The trary to and do violence to a long line of de- I read from the conference report of enactment of the ICC Termination Act cisions by this Board which embrace the pol- icy of refraining from setting up a multiplic- the ICC Termination Act of 1995 by Mr. shall neither expand nor contract cov- ity of crafts or classes. As stated above, SHUSTER on December 15, 1995. ‘‘The en- erage of employees and employers there is no question that this particular actment of the ICC Termination Act of under the Railway Labor Act.’’ group are employees of the carrier.’’ 1995 shall neither expand nor contract I could read on and on. I ask unani- The United States Court of Appeals for the coverage of the employees and employ- mous consent, Mr. President, that this District of Columbia Circuit noted in regard ers by the Railway Labor Act.’’ review of the CRS paper that was got- to the NMB’s Federal Express case that ‘‘the The distinguished chairman on the ten up quickly and certainly very, NLRB had ‘never’ asserted jurisdiction over’’ House side, Mr. SHUSTER, stated in the very, at best, carelessly, if not inten- (Federal Express’.’’ United Parcel Service, Chamber when this was debated a cou- Inc., v. National Labor Relations Board. 92 F.3d tionally, just 4 or 5 days ago for this 1221 (D.C. Cir. 1996). Federal Express has par- ple of days ago, that that was put in at case, be printed in the RECORD. ticipated in five union representation elec- the request of labor. We will show it to There being no objection, the mate- tions conducted under the auspices of the you in the RECORD. ‘‘The enactment of rial was ordered to be printed in the National Mediation Board, the most recent the ICC Termination Act of 1995 shall RECORD, as follows: in 1995, and presently is participating in a neither expand nor contract coverage RESPONSE TO THE MEMO BY THE sixth RLA election. of employees and employers by the CONGRESSIONAL RESEARCH SERVICE The Ninth Circuit Court of Appeals in Fed- Railway Labor Act.’’ The September 27, 1996 memo by the Con- eral Express Corp. v. California Public Utilities Now we see who comes in in the mid- Commission, 936 F.2d 1075, 1978 (9th Cir. 1991), gressional Research Service [CRS] contains cert. denied, lll U.S. lll, 119 LEd.2d 578 dle of the game trying to change the several inaccuracies which call into question (1992) found: rules of the road. We see now who is the conclusions reached in the memo. For ‘‘The trucking operations of Federal Ex- trying to pull rugs out from under peo- example: press are integral to its operation as an air ple. And they are using every gimmick Inaccurate statement: ‘‘If, at some future date, the NNB ruled(sic) that some Federal carrier. The trucking operations are not in the book. This fellow will be looking sonic separate business venture; they are Express employees were employed in activi- for a job if I have anything to do with ties that were not integrally related to its part and parcel of the air delivery system. it, I can tell you that, because I have Every truck carries packages that are in operations as an air carrier, then those em- interstate commerce by air. The use of the an analysis here going down each one ployees would come under the coverage of trucks depends on the conditions of air deliv- of the points in the document. the NLRA as a matter of law.’’ Facts: The UAW raised precisely the same ery. The timing of the trucks is meshed with I did not want to take the time of the argument in the jurisdictional case involv- the schedules of the planes. Federal Express distinguished Senator from Arizona, ing Federal Express that recently was liti- owes some of its success to its effective use but, for example, Mr. Treacy says: ‘‘If, gated. In response to that argument, the of trucking as part of its air carrier service.’’ at some future date, the NMB ruled That court also stated: NMB held: ‘‘. . . the Board does not apply that some Federal Express employees the ‘integrally related’ test to that Federal ‘‘Federal Express is exactly the kind of an were employed in activities that were expedited all-cargo service that Congress Express employees sought by the UAW. specified and the kind of integrated trans- not integrally related to its operation Where, as here, the company at issue is a portation system that was federally desired. as an air carrier, then those employees common carrier by air, the Act’s [RLA’s] ju- Because it is an integrated system, it is a would count under the coverage of the risdiction does not depend upon whether hybrid, an air carrier employing trucks. NLRA as a matter of law.’’ there is an integral relationship between its Those trucks do not destroy its status as an False. False. They raised precisely air carrier activities and the functions per- air carrier. They are an essential part of the that point in the case we are talking formed by the carrier’s employees in ques- all-cargo air service that Federal Express in- tion’’. Federal Express Corporation, 23 N.M.B. about, and we have the National Medi- 32, 73–74 (Nov. 22, 1995). novatively developed to meet the demands of ation Board and its decision. Heavens an increasingly interlinked nation.’’ Inaccurate statement: ‘‘Moreover, it ap- It clearly has been established that Fed- above. We could not be more on target. pears unlikely that Federal Express would eral Express is a carrier subject to the Rail- They never called us or asked us about constitute an express company subject to way Labor Act. Its employees are likewise the history of this particular thing. Title 49, as that term is used in the proposed subject to the Railway Labor Act. No court From Treacy’s legal opinion they are amendment.’’ or agency has ever determined that Federal running around now to give some kind Facts: No one, including the author of the Express or any of its employees are subject of color, or credibility to their posi- CRS memo, disputes the fact that Railway to the National Labor Relations Act. Express Agency (REA) was an express com- tion: ‘Moreover, it appears unlikely pany. Likewise, no one disputes that Federal Mr. HOLLINGS. I thank the distin- that Federal Express would constitute Express acquired and has operated under the guished Chair. an express company subject to title 49, certificates acquired from REA. As the Inter- Now, Mr. President, there was ref- as that term is used in the proposed state Commerce Commission stated in the erence made to the CRS. I am just amendment.’’ decision transferring the certificates, ‘‘The amazed. I thought they always had a Where did you get that? He says later evidence establishes a public demand or need pretty good record. They ought to give on here it could go either way. No one, for the proposed continuation of express the fellow who works over there for the including the author of this memo, dis- service as previously authorized under the acquired REA certificates.’’ Interstate Com- Congressional Research Service week- putes the fact that the REA was an ex- merce Commission Decision. No. MC–66562 (Sub- end leave. And the reason I say that, press company. No one disputes that No. 2347), June 13, 1983. they have a guy named Vince Treacy, Federal Express was acquired and oper- Incorrect statement: ‘‘* * * it appears log- legislative attorney, and he was asked ated under certificates from REA. As ical and necessary to eliminate [coverage for on September 27, just a few days ago, the Interstate Commerce Commission express companies] from the RLA to pre- to give an opinion with respect to the stated in its decision transferring the clude the ostensible coverage of nonexistent coverage, the Railway Labor Act cov- certificates, and I quote, ‘‘The evidence express companies’’. erage of Federal Express as an express establishes a public demand or need for Facts: To state that express companies are nonexistent under the RLA, or that it is un- company. And he comes up totally in the proposed continuation of express likely that Federal Express constitutes an contradiction to all the laws and all service as previously authorized under express company, simply ignores the facts. the decisions, but more particularly he the acquired REA certificates.’’ That is In a case addressing the jurisdictional status knows the request is made because we the ICC decision No. 66562. of REA employees, the National Mediation October 1, 1996 CONGRESSIONAL RECORD — SENATE S12105 Board defined an express company as: ‘‘The because here is a 1979 decision—Federal I am not going to be rolled. express business has always been one of pick- Express has been an express carrier, I yield the floor. up and consolidation of traffic, turning it first under the decision back in 1979. In Mr. KENNEDY addressed the Chair. over to common carriers by rail or air for 1936 the Railway Labor Act was amend- The PRESIDING OFFICER (Mr. transport, and delivery by the express com- ed to include air carriers, which very KYL). The Senator from Massachusetts. pany to consignee at destination. In more re- cent times, this has been supplemented by few people realize had included air car- Mr. KENNEDY. Mr. President, I will over-the-road handling of their own business riers, including the one who suggested just take a moment or two and then without an intermediate form of transpor- that we drop the language about ‘‘ex- yield to my friend and colleague. The tation’’. Railway Express Agency, 4 N.M.B. press.’’ fact is, Mr. President, the Senator from 253, 269 (1965). The NMB defined an express Without reading that decision, we South Carolina is still—still cannot company by describing precisely the service move to the 1993 decision of the Na- show where the Federal Express is an Federal Express provides. tional Mediation Board and on down express company under the Railway Inaccurate statement: ‘‘The deletion of the the list of the various decisions from Labor Act. He cannot show it. It is not term ‘express company’ from [S]ection 1 of the RLA does not appear to have been inad- time to time. We find out there has there. No court award has ever held vertent or mistaken’’. been a total consistency for a company Federal Express is an express company. Facts: This rather astonishing conclusion that is extremely well operated, is ex- The Federal Express has argued that ignores the ICC Termination Act itself. The tremely patriotic, it takes care of its time and time and time again. change to the RLA was through a conform- employees. The fact of the matter is, on the case ing amendment to the ICC Termination Act, I have been through its facilities. he talks about, the National Labor Re- which included the following provision: ‘‘The When I went up to Alaska many years lations Board is still out there, it is enactment of the ICC Termination Act of ago, we got there early and somebody still current. It is case 4RC17698—still 1995 shall neither expand nor contract the said you ought to go over here and coverage of employees and employers by the current. He can say it is not current. It Railway Labor Act . . .’’. Public Law 104–88 watch that operation they have over at is current. (H.R. 2539), Sec. 10501(B). Anchorage while we wait for our ride, He can find fault with Mr. Gould. We Inaccurate statement: The memo suggests, which I did. I never realized the tech- have had the hearings on Mr. Gould consistent with organized labor’s lobbying nological advance that had been made that would show the way the National position, that it is more difficult for employ- by this old Marine—or young Marine, Labor Relations Board has acted since ees covered by the Railway Labor Act to or- as I look upon him, Fred Smith. he has been up as being more expedi- ganize. The memo states: ‘‘This [amend- Before they take off in Japan, they ment] would require those [express company] tious, faster in terms of the consider- have already computerized information ations of various cases, and speeded up employees to organize under the limited and forwarded it to Anchorage. At An- craft bargaining units permitted by the consideration in various regions more RLA, rather that under the wide range of ap- chorage they have various ways for the than any National Labor Relations propriate units afforded by the NLRA. State Department, Interior Depart- Board of recent times. It has also seen Facts: About 11% of the private sector ment, Wildlife Service, textiles—Cus- a significant reduction in those terms. workforce covered by the NLRA is rep- toms, and they have all those things. I will just conclude at this point and resented by labor unions for purposes of col- They know the packages. They know say we can obfuscate this situation in lective bargaining. Some 65–70% of employ- where new shipments are coming any way that we might try. But the ees covered by the RLA are represented by through, where there may be some tex- labor unions. Which law is more conducive to fact of the matter is, the part of Fed- tile fraud, where there may be some eral Express that flies is an airline. union organizing? As with most of the unsup- drugs; issues involving the Justice De- ported conclusions in the memo, the memo The part that is a truck, is a truck. again ignores the facts. partment, the DEA. What they want to do is take the As everything is unloaded in a mat- trucking and put it in the airlines to Mr. HOLLINGS. Now, Mr. President, ter of a couple of hours there, this make it more difficult for workers to let me take the full responsibility be- mammoth plane, it goes into all those be able to come together. cause there is no trickery in this what- sockets, runs down these wheels, all The fact of the matter is, UPS has ever. It was openly discussed. My col- those people are at their stations and airline designation under the Railroad leagues on the House side as well on this is down into the inner part of Act, and has trucking designation this side, all agree that it was an inno- America. cent mistake. I do not think you could All I could say to myself, understand- under the National Labor Relations have Members supporting our position ing this particular point being raised, Act. The issue that is before the NLRA against the powerful Senator from that, if you had me running around the is exactly the same. Massachusetts and the powerful labor countryside trying to argue a different Sure, mediation has found Federal movement which has made this issue if union here and another union over Express is an airline. The question is, it were not the case. here, with certain little organizers whether the trucking should be consid- That is why we included it at my be- here—I want to emphasize this—that ered under the National Labor Rela- hest, because I wanted to make sure experience, because the distinguished tions Act. They have found this divi- just exactly, in the expression of the Senator from Massachusetts says they sion on UPS. They are their principal Senator from Massachusetts, we were are primarily the little towns. This competitors. It does not take a lot of not going to change the rules of the crowd, UAW, is well represented. They time to have people understand that is road in the middle of the game. I think know how to organize folks. what the issue is. What is being at- that game in Philadelphia is over. But They spent 5 years on this Philadel- tempted here is to say: Oh, no, we are if he thinks it is continuing, then it is phia case that has long since been de- not even going to let the National in the middle of the game, because this cided unanimously against them. Now Labor Relations Board—we are going was done in the ICC Termination Act comes, the Senator from Massachu- to effectively close that door down, cut of December 15 after the rule of the setts depicting: It is an ongoing litiga- off that case—which is active—and put road on November 22, 1995. tion matter, they have not had their them under the Railroad Act, which I am glad the distinguished Senator chance, they are playing by the rules will make it much more difficult for from Arizona referred to these employ- and HOLLINGS is pulling the rug out them to be able to express their griev- ees. That saves me time. It saves the from under them. ances. Members some time. We could go Nothing could be further from the That is common sense. People ought through the history of this particular truth. I would not engage in such con- to understand. You have the post of- company and labor relations and var- duct. I take offense even having me re- fice, now, that is competing with air ious talking points, and you could be ferred to in that way. I do not have to and trucking; you have UPS, air and more than persuaded now as I have get into some company over there in trucking; and you have Federal Ex- been because I did not think we were Tennessee. But I certainly do not have press, air and trucking. And you have going to have this great rhubarb come to stand by and, just because they have the efforts, now, in terms of Federal up. a powerful Senator and a powerful Express, to vastly expand the trucking But ever since they were organized, labor movement, see a good crowd get division. What their attempt is, now, is back in 1983, I guess it was—no, 1973, rolled. to get in with this special provision to S12106 CONGRESSIONAL RECORD — SENATE October 1, 1996 effectively exclude themselves from 1,000 planes and 35,000 trucks. What I would be glad to examine the cam- what their other competitors are in- they want to do is to be designated as paign contribution reports to the Fed- volved in. Then they will be much more an airline, including the 35,000 trucks. eral Election Commission as to who successful in terms of the bottom line. Maybe that is what we should do. I has been getting what money and how That is what we are talking about and doubt it, but maybe that is what we much has been given and compare this that is what is at issue. should do. I think we ought to at least corporation, with what organized labor I think it is a commonsense fact be- hold a hearing on it. is doing. cause that is what the real world is all I am also concerned, and I say this to I say to the Senator from Illinois, about. That is the issue which this leg- my friend, the senior Senator from Ari- right now today, there is an unprece- islation is attempting to undermine, zona, Senator MCCAIN, who has been a dented—without precedent—infusion of that decision by the National Labor leader, I think we have to honestly ask funds by organized labor unions into Relations Act on that particular issue ourselves, why is Federal Express being the congressional campaigns and the in question and why it continues to be given preferential treatment in this Senate campaigns, the likes of which I so insidious. body now? haven’t seen in the 14 years I have been I yield time as the Senator from Illi- I think the honest answer is Federal a Member of the Senate. I strongly sug- nois would want. Express has been very generous in their gest, before the Senator from Illinois The PRESIDING OFFICER. The Sen- campaign contributions. I have to say, suspects—suspects, as he said —that ator from Illinois. they have been good to PAUL SIMON. campaign contributions play a role Mr. SIMON. Mr. President, I have My guess is, if you check this out, you here, that he look very carefully at the great respect for my colleagues from will see they have been good to every contributions by organized labor Arizona and my colleague from South Member of this body. I am grateful to unions and the significant contribu- Carolina. Senator HOLLINGS in many people who contribute, but I don’t tions that have been made by the indi- ways has contributed significantly. He think they ought to set public policy viduals who are trying to knock out has talked more candidly about the because of those contributions. I think this legislative provision in the bill. revenue situation that the Federal that is what is happening here. The Senator from Illinois makes a We need to change the way we fi- Government faces than any other very serious charge about suspecting— nance campaigns, and I commend my Member of this body and I am grateful about suspecting—campaign contribu- colleague, the senior Senator from Ari- to him for that. tions. I will tell the Senator from Illi- zona, for being a leader in this area. He also is the one who educated me nois, it is clear as to who has been The system distorts what happens on the whole question of gross interest making the campaign contributions. here, and I think this is an example of versus net interest. One of the little It’s been organized labor, it’s been an games that administrations of both that distortion. They have good people, like George intensive effort. parties play is they list net interest Tagg, who I think most of us know, The other Senator from Arizona and rather than gross interest so interest just a very, very fine person. I think I know of over a million dollars—over a does not look so bad. FRITZ HOLLINGS is most of us frequently use Federal Ex- million dollars—that has been poured the person who educated me on that. press. I am not knocking the company. in by organized labor against one Con- But I think on this issue he is wrong. I say to the company leaders who, I am gressman in the State of Arizona, a I think there are three questions that sure, are monitoring what is going on rural district, something like we have we have to ask ourselves. When you here right now, I think they are well never seen before. We have never seen ask those questions, then you have to on the way to winning a pyrrhic vic- it in the history of our State. come to the conclusion that we are tory. I think they may well, as the So, look, I appreciate the efforts by making a mistake. Senator from South Carolina has sug- the Senator from Illinois for campaign First of all, who benefits? The answer gested, get the 60 votes, but I think you finance reform. I look forward to join- is—no one has questioned this—one will see that journalists, academicians ing him and Senator Boren and others corporation, Federal Express, benefits. and others are going to use this as an who have left the Senate who we need No one else benefits by this. example of a special interest prevailing very badly in that effort, but to some- Second, there is the question of liti- and the public interest not prevailing. how think that Federal Express’ cam- gation that is pending. My colleague, Not to have a hearing on this fun- paign contributions have something to the Presiding Officer, sits on the Judi- damental question is simply wrong. do with this legislation, when it pales ciary Committee. He has not been I hope that somehow a compromise in comparison with that of the cam- there too long yet, but he will become, might be worked out where a hearing paign contributions and the phone over time, one of the most valued would be agreed to and it would be banks and the organized labor leaders members of the Judiciary Committee agreed that the committee would act, who show up and demonstrate in front and of this body. I have said that, not not necessarily favorably, but the com- of our colleague’s every campaign ap- just in his presence, but to others. I mittee would act on it shortly after the pearance, I say to the Senator from Il- can tell you that, almost always, it is first of the year. linois, he has his priority skewed very wrong to pass legislation that inter- This process is wrong. There is no badly. feres in litigation. It is just bad policy. question the underlying bill should Mr. SIMON. Will my colleague yield And third, the process is wrong. We pass, but I think we are doing a dis- just for 30 seconds? are going through this and there is no service to the Senate and to the Nation Mr. MCCAIN. I will be glad to yield to question it is a major change, without as we move ahead in this way. the Senator from Illinois. any hearings. When the Congressional Mr. President, I yield the floor. Mr. SIMON. What you say under- Research Service says, ‘‘The deletion of Mr. MCCAIN addressed the Chair. scores the point, that the way we fi- ‘express company’ from section 1 of the The PRESIDING OFFICER. The Sen- nance campaigns today taints the RLA does not appear to have been in- ator from Arizona. whole process, there is just no question advertent or mistaken,’’ my friend Mr. MCCAIN. Mr. President, I yield about it. We can exchange charges, but from South Carolina says they are myself such time as I may consume. we need to improve the system. wrong. I do not know who is right. But Let me, again, repeat my respect and Mr. MCCAIN. Mr. President, again, I I would think the committee of juris- affection for the Senator from Illinois, repeat my great appreciation, my re- diction ought to hold a hearing on this. but in all due respect to the Senator spect, and my affection for the Senator I also have great questions of wheth- from Illinois, if we are talking about from Illinois. Nothing that I said er we should interfere in a competitive campaign contributions here, I say to should be construed as anything but a situation. the Senator from Illinois, organized difference of view as to what role cam- Senator KENNEDY is correct when he labor, the ones that are behind trying paign finances and contributions may says UPS is designated in two different to kill the FAA reauthorization bill, have played in this legislation, because ways, and Federal Express wants to be has given a thousand times more—a there is no reason whatsoever for there designated in only one way. Federal thousand times more—in campaign to be any friction between myself and Express, as I understand it, has about contributions. the Senator from Illinois, as he enters October 1, 1996 CONGRESSIONAL RECORD — SENATE S12107 the last few days of a distinguished ca- gallery, and in Senators’ offices and, said, ‘‘No. I know what your name is. reer of service to the people of Illinois with my staff, worked with the then- What is your standing? Who are you and this body. I hope the Senator took chairman of the Commerce Committee, with respect to this case?’’ The man my response in that vein as he leaves Senator Magnuson, and ultimately suc- then said, ‘‘Well, I represent somebody the floor. ceeded in getting strong bipartisan who is next friend of the Rosenbergs, a Mr. President, let me just correct one support for the Airport-Airways Act man named Edelman. I am the lawyer thing. A drafting error in the Inter- and the creation of the aviation trust for Mr. Edelman.’’ state Commerce Commission Termi- fund. The Justice called for a law book. nation Act of 1995 created an ambigu- We thought, naively it turns out, The debate went on for a bit, and the ity regarding the express companies that by creating the trust fund we Justice interrupted the lawyer again status under the Railway Labor Act. would produce stability in funding for and said, ‘‘Is that the same Edelman as That is acknowledged by the people the FAA and airport-airways so that in the case of California v. Edelman?’’ who drafted the legislation and the there would never be any doubt of the The lawyer was stunned that the Su- Senator from South Carolina who was flow of funds for people involved in preme Court Justice would have this in involved at the time in the drafting of keeping our national airways safe. his mind, and he stumbled around and that legislation. That is what we are So it comes as a moment of nostalgia he said, ‘‘Yes, it is.’’ At which point the doing here, we are correcting a tech- to me to come to the Senate now, some Justice closed the law book with a look nical error. 25 years later, and find that the flow of of some disgust and said, ‘‘A vagrancy One provision states the intent of funds out of the aviation trust fund case.’’ ‘‘Oh, no,’’ said the lawyer. ‘‘That Congress: that I had a small hand in creating was not a vagrancy case. That was a The enactment of the ICC Termination Act have been interrupted, cut off, jeopard- free speech case.’’ of 1995 shall neither expand nor contract the ized by an attempt to filibuster in this It was the wrong thing to say to a coverage of employees and employers by the body the bill that would provide those Supreme Court Justice, who reopened Railway Labor Act. funds, and that the intent of Congress, the book and said, reading, ‘‘California However, a second provision drops ex- in which I participated to see to it that v. Edelman, a vagrancy case,’’ at which press carriers under the Railway Labor there would never be any challenge to point the lawyer compounded his mis- Act. This was clearly inadvertent and a that funding, has been frustrated here. take by saying, ‘‘Well, it may say that contradiction to the stated intent of I understand the Senator from Mas- on the heading, but if you’ll read the Congress. sachusetts has every right to do what case, you’ll see that it was a free Those are just facts. Mr. President, I he is doing. I have participated in fili- speech case.’’ Whereupon, the Justice yield 10 minutes to the Senator from busters myself when I felt the cause leaned forward and said, ‘‘Let’s ask Mr. Utah. was just and the point was well worth Justice Clark. He wrote the opinion.’’ The PRESIDING OFFICER. The Sen- making. But I find this more an at- And Mr. Justice Clark said, ‘‘It was a ator from Utah is recognized. tempt to play to the gallery, if I may, vagrancy case.’’ I remember that very clearly as a Mr. BENNETT. Thank you, Mr. than to address the issue, because it young teenager in my first experience President, and I thank the Senator has been virtually conceded on both with the Supreme Court. The reason I from Arizona. sides that it is simply a matter of time bring it up now is, I sit here as a Mem- Mr. President, I am not a member of before the process plays itself out. The ber of the Senate, not a member of the the Commerce Committee. If we could bill will pass. The money will be avail- Commerce Committee, and hear this choose our committees without the re- able to keep the airport and airways strictions of reality, I would like to be argument. ‘‘It is a technical fix.’’ ‘‘No. trust fund funding going to the FAA. It’s not. It’s a major policy question.’’ a member of the Commerce Commit- The arguments have all been repeated tee. I join in this debate, nonetheless, And like the Justice, I would say, let again and again and again. us ask the man who wrote the opinion because of the history with the Com- I find that a little sad from that past merce Committee. what it is. history. I was hoping to be able to look The man who wrote the opinion, as I I don’t know how far back some of back on my career and say that the one understand, in this case is the ranking the current Members go, but I was a thing I did while I was at the Depart- member of the Commerce Committee, very, from my present standpoint, ment of Transportation was help re- who says it is a technical fix. I heard young lobbyist for the U.S. Depart- move the airport-airways thing from him say so on the floor here. He says it ment of Transportation in the first 2 this kind of disruption. Now I see that is a technical correction. He is the years of the Nixon administration. We that is not possible. ranking member of the committee didn’t call ourselves lobbyists. They I sit here, not as a member of the from the minority party. The chairman don’t call them lobbyists today. They committee, and hear the debate going agrees with him, the chairman from call themselves ‘‘congressional liaison back and forth. ‘‘It was an innocent the majority party. I find that convinc- people’’ or, in my case, I was in charge mistake.’’ And, ‘‘It is a technical cor- ing, having heard the people who wrote of congressional relations. rection.’’ ‘‘Oh, no. This is a major pol- the legislative words we are arguing But we were lobbyists, and in the icy issue.’’ Back and forth, back and about saying this is what it is. spirit of full and fair disclosure, I will forth, with voices being raised on both I do not want to be in the position of use that term. My assignment from sides. that lawyer before the Supreme Court then Secretary John Volpe, who had If I may, Mr. President, I am re- trying to say, ‘‘The man who wrote the been Governor of the State of Massa- minded of an experience in my even opinion doesn’t know what the opinion chusetts, was to convince the Congress younger days, before I served in the really says.’’ ‘‘The man who wrote the to pass the Airport Airways Act and Nixon administration, all the way back provision doesn’t really know what the create the Airport Airways Trust Fund. to my teenage years, the first experi- provision really is.’’ My predecessors at the Department, ence I ever had listening to a debate in So, Mr. President, I hope we can who had been Democrats under the the Supreme Court. move forward quickly. I hope, having Presidency of Lyndon Johnson, had This was a debate over the sentences made the statements, having dis- tried to do the same thing and had that were given to the Rosenbergs back charged our political responsibilities to been unsuccessful, for a variety of rea- in the days when President Eisenhower the various people on both sides who sons. There were some in the adminis- was President. You say, what does that have urged us to do this, we can move tration who said we would be unsuc- have to do with this? Absolutely noth- quickly. I hope we can move this after- cessful as well. Representing a Repub- ing, except this one phrase sticks in noon to say, all right, we have made lican President to a Democratic Con- my head. our position clear. We have said what gress, it was not supposed to be the In the course of that debate, one of it is we have to say. We have satisfied most harmonious kind of cir- the Supreme Court Justices asked one the constituents that come to us and cumstance. of the lawyers, ‘‘Who are you?’’ The plead for support here. So I came up here in the Senate, ob- lawyer was taken aback by this ques- Now we have at stake the safety, the viously not on the floor, but up in the tion, and gave his name. The Justice continuance, the future of the Nation’s S12108 CONGRESSIONAL RECORD — SENATE October 1, 1996 air system. Let us get on with it. Let rights of men and women that are in ing this. We are also looking at the us see to it that there is no challenge this particular company, as Senator Congressional Research Service. I to the airport and airways safety and SIMON has pointed out; or was the Fed- know their report is demeaned out here progress in this tremendously impor- eral Express Co. deletion a matter that on the floor of the U.S. Senate but the tant area. was decided by the conference commit- Congressional Research Service is to In my home State, we are trying to tee—and the conference committee re- guide the Members of the Congress, the get ready for the Olympics in 2002. port actually bears the name of my American Law Division of the Congres- When the world comes to Utah in 2002, friend and colleague from South Caro- sional Research Service. they are not going to come by ox cart lina. We asked them, is this just an over- the way they came the first time in the I listened with interest to the Sen- sight or was it purposely intended to be 1840’s. They are going to come by air. ator from Utah talking about going to done—so that the Members would un- When they come, the facilities have to the individuals that are the most fa- derstand whether they should accept be in place. The opportunity to get miliar with this particular legislation. the fact that this is just an oversight, those facilities in place is being held up I have JIM OBERSTAR, the ranking we never would have permitted it, and by our failure to provide this funding. Democrat on the House Transportation therefore we are remedying a situation I think that is a shame. I think we Infrastructure Committee and BILL LI- that happened; or whether it was rec- ought to move ahead. PINSKI, the ranking Democrat on the ognition that that language should Finally, I keep hearing all these House of Representatives Aviation have been dropped for the reasons that things about how terrible Federal Ex- Committee. This is what Mr. OBERSTAR we mentioned earlier and that now sud- press is. The most—I ask unanimous says: denly putting this language back in consent that I might be allowed the The ICR staff itself recommended the has an entirely different meaning. I proceed for 3 additional minutes. elimination of the express carrier status. It think hopefully we understand that The PRESIDING OFFICER. Without was not an oversight. It is not something now, as the Senator from Illinois and objection, it is so ordered. that someone forgot to do. It is not some- others have pointed out. Mr. BENNETT. I hear how terrible thing that was neglected and drafted. It was This is the CRS report, ‘‘The deletion Federal Express is. The only concrete not a drafting error, but it was done for good of ‘express’ company’’—those are the statement really that I have heard is reason. The last express carrier went out of business in the mid-1970’s. Federal Express words—‘‘does not appear to have been that Federal Express employees have purchased that carrier’s operating certifi- inadvertent or mistaken. To the con- gone for years without a pay increase. cates. The Surface Transportation Board, trary, the deletion appeared to be con- I realize that is a terrible thing. I have successor to the ICC, advises in writing Fed- sistent with the statutory structure gone for years without a pay increase. eral Express apparently never engaged in the and the intent of Congress. Since the Indeed, the whole time I have been in operations authorized by these certificates. Railway Labor Act coverage has been the Senate I have been denied a pay in- Subsequently, Federal Express obtained and triggered by Federal regulation of ex- crease. I wish I had the salary I had be- operated new certificates. press companies, it appears logical and fore I came to the Senate when I took Mr. President, here is Mr. OBERSTAR, necessary to eliminate the cross-ref- at least a 50 percent pay cut in basic who knows something about it. Then erence to title 49. Elimination of ‘ex- pay, and more than that in bonus pay, he continues along page 11463, Septem- press’ from the RLA appears to be a in order to become a Senator. ber 27, 1996: necessary step in harmonizing the I do not think that is a demonstra- We should not on the thin thread of a non- Railway Labor Act with the title 49 of tion of prima facie that this company existent operation of a dormant authority the code.’’ is antiworker, because if we accept purchased and never used, lock this carrier This is an independent judgment. that, then the Senate is clearly into a statutorily established position within You can say I do not like that particu- the meaning of the Railway Labor Act for- antiworker and we probably ought to ever and ever. This is simply wrong. lar lawyer, I do not like that individ- do something about that, too. ual. You can threaten those individ- Mr. President, Mr. OBERSTAR knows, So, Mr. President, I hope we could uals, I suppose, and say we will hope as the ranking member, what he is proceed with this and we could recog- that that person does not continue to talking about. This was not an over- nize that the positions have been work at CRS. But the fact of the mat- sight. This is the ranking member. Our staked out. The votes are where they ter is, that is the independent judg- friends say, ‘‘Look at what people who are. I hope we will get on with it. I ment and decision, one in which I understood, the men of the committee yield the floor. agree. The PRESIDING OFFICER (Mr. who spent the time.’’ That is fine, that Now, taking what the conclusion is a fair enough test. That is Mr. OBER- GORTON). The Senator from Massachu- would be from the CRS. If the amend- setts. STAR. ment were enacted ‘‘court decisions We have other Members in the House. Mr. KENNEDY. Mr. President, I will since that time have upheld NMB dis- Mr. DEFAZIO points out: take just a few moments. Mr. Presi- cretion in resolving representative dis- dent, I am really somewhat startled by Unfortunately, what we have here, done at putes. On balance, the proposed amend- the fact that those of us in this body the very last moment, is to put an extra- neous matter voted on by neither commit- ment would appear to confuse, rather making about $130,000 a year are com- tees of jurisdiction, voted on neither by the than clarify the question of Railway paring ourselves with men and women House nor the Senate, to benefit one very Labor Act coverage.’’ making $30,000 a year and who have not large multinational corporation who has On the one hand it can be argued the gotten a pay raise for the last 7 years. generously filled many campaign coffers of amendment would have no effect, and We can make light of that fact, but it Members in this House and the other body. it is very interesting for those that are is not made light of for hard-working This is not a technical correction. supporting this legislation to say, families that are trying to make ends He says it is not a technical correc- ‘‘Look, it is not really going to have an meet and provide for their children and tion. effect,’’ because they say it will not ex- to meet responsibilities and pay a Do trucks run on rails? No. Well, we are pand or contract the rights of the mortgage. I do not see how that kind of going to classify Federal Express, for the workers. Well, it is interesting that comparison really advances the argu- purpose of this bill, as a rail carrier. they are arguing that at this time. It ment. I do not believe it does. Mr. President, we could go through also points on the other hand, it could Mr. President, I think it is a fair the members of the relevant commit- be argued since neither Federal Ex- question and the Senator from Utah tees. Both Mr. NADLER and Mr. press nor anyone was certified an ex- has raised it about this language. Is it, DEFAZIO in the House are members of press company subject to the title, it as I have suggested, Senator SIMON, the Transportation Infrastructure would follow that no employer would Senator FEINGOLD, Senator HARKIN, Committee, these are members of the come under the coverage. Nonetheless, Senator WELLSTONE, and others stated, committee saying this, not just myself courts usually strive to give meaning that this was a carefully-crafted and Senator SIMON. to all enactments. project in order to effectively diminish Now, the fact of the matter is, Mr. That is right. They are understand- in a significant way the legitimate President, it is not just us who are say- ing and everyone is understanding October 1, 1996 CONGRESSIONAL RECORD — SENATE S12109 what this is about. This is Federal Ex- on the CR and had a 10-minute discus- take the opportunity to attack Federal press, their understanding, to be able sion. We would have voted on that and Express and, thereby, perhaps tilt to read the legislative history and un- the House would have accepted it. We things in one direction or another in a derstand. There is one company that would be off on our way to be able to time of a union election, to pay off will benefit, and proponents have ar- do that. But the decision was made not whatever political debts to the unions gued the amendment would simply put to do that. So we are at least in the po- that are urging them to attack Federal the term back in the Railway Labor sition now where we have to follow this Express. The other side has made it Act and would in no way affect, and procedure. But we are strongly com- clear that we want to get on with the proponents argue that the amendment mitted to support that particular pro- legislative process of providing funds merely corrects an error in order to vision. We think that it is important. for the FAA. preserve the proponents saying it will Mr. President, I yield the floor and I see no reason to repeat all of these expand the coverage to ground-based withhold the balance of my time. arguments. I see no reason to wait employees of a carrier whose jobs are Mr. MCCAIN. I yield 5 minutes to the until next Thursday to get this re- not integral to air freight operations. Senator from Utah. solved. Everybody knows how it comes There it is, Mr. President, exactly. Mr. BENNETT. I thank my friend out, as the Senator from Illinois indi- UPS, the flight aspects are considered from Arizona. I will not consume much cated when he spoke. I hope that peo- to be under the carrier provisions. time. The Senator from Massachusetts ple who are in leadership positions, Those that drive the trucks are consid- appropriately corrected me on any sug- who can deal with these things and ered under UPS under the National gestion that there is a similarity be- deal with the Senator from Massachu- Labor Relations Act. Federal Express tween the salary of a Senator and the setts, can sit down and get this thing flies, they ought to be under the Rail- salary of some of these workers, and I resolved so that we can have a vote on way Labor Act. The truckers ought to accept that correction on his part. I it, let the Senate work its will, having be—a judgment ought to be made. All meant not to make that comparison. I heard all of the arguments, and get the we are saying by the National Labor didn’t think I had made that compari- money that is so desperately needed Relations Board, all we are saying, let son. But if he felt that was made, it into the hands of the people who are so them make the judgment, not preclude was appropriate for him to raise the importantly in charge of something as them, not preclude them from making issue. significant as our Nation’s airlines and a judgment. That decision is before the I would like to revisit the issue of the safety. National Labor Relations Board. And it pay increase, because I have now been Mr. MCCAIN. Mr. President, I yield will certainly be argued, if this be- given some additional information that myself such time as I may consume, comes law, that this is exactly what is I did not have when I spoke before. The and I will be brief. intended, to expand for ground trans- charge has been made that Federal Ex- Mr. President, let me remind my col- portation. That is the way the Federal press has not given a pay raise to its leagues again, in the words of the dis- Express is moving and expanding dra- employees in 7 years. I am now told tinguished Democratic leader, as he matically. It will give them extraor- that the truth is somewhat different, stated this just this morning: dinary advantage. Put this back in and and that all kinds of programs relating Question. So you’ve got to pass this bill? we don’t know what the results will be. to pay have been initiated within the DASCHLE. We’ve got to pass this bill. We do know, I think, what will happen. last 3 years. There is now an oppor- That is as simple as it is. I don’t Federal Express will have another tunity for an employee to get profes- know exactly why the Senator from weapon to turn its back on the legiti- sional pay. There is an incentive pay Massachusetts wants to drag out this mate rights of workers and workers’ plan. There are programs for merit in- procedure. But I do know this, Mr. rights. creases. And there is a program for President: We are now hearing from Finally, that is what this is all best-practice pay. So the company has airport managers and workers, and about—whether these workers and put in place this series of 4 opportuni- even union members all over this coun- workers’ rights are sufficiently legiti- ties, making all employees eligible for try, who are asking why can’t we move mate that they are going to appeal to a pay increase that could be as high as forward with our airport projects, why those that are working in a particular 10 percent annually. can’t we begin the much needed re- community, to be able to make a deci- I think it is important, in the spirit pairs. We are even hearing from bu- sion and say, look, we feel that we can of full disclosure, as we go about this reaucrats, who are saying, ‘‘We want to protect our rights better by becoming a debate, that we not leave on the record work, we want to move forward on union, or whether they say we don’t unanswered the charge that Federal aviation safety and security measures want to choose a union. All we are say- Express has not made any pay in- that are necessary to safeguard the fly- ing is let them make the local choice, creases available to any of its employ- ing public.’’ let them make the decision. UPS driv- ees for 7 years, and the implication, Why is it that we have to wait until ers have made that decision. That issue therefore, it is the duty of the U.S. Thursday for the bill to be completed is before the National Labor Relations Senate to somehow punish them for and then sent over to the White House Board. Why take it away from the Na- this kind of activity on their part, for signature? Why do we have to do tional Labor Relations Board and un- when in fact they have put in place that? I think that is a legitimate ques- dermine those rights and put it under programs that make pay increases tion, Mr. President. the Railway Act, which virtually says available to their employees up to the On the subject of Federal Express, I to all of those workers, we know you level of 10 percent annually. don’t know much about Federal Ex- had the rights under the National If I may, again, without suggesting press, except that I see them every- Labor Relations Act, like they did in in any way any comparability between where. Members of my family, espe- UPS, to go ahead and see if you can try the salary of a Senator and the salary cially my wife, use that service quite a and form a union. Maybe you will, of some of the employees we are talk- lot, along with a number of other orga- maybe you won’t. But we are letting ing about here, I do wish that Members nizations that deliver packages. you make that local choice and deci- of the Senate could look forward to But I am not here to argue whether sion. But under this legislation, we are any kind of cost-of-living increase and Federal Express is a good or bad cor- effectively saying, no way, not for you not have had their pay frozen for the poration. In fact, I think that is a in this Federal Express Co. You are not entire time I have been here. Maybe straw man, Mr. President. In fact, I going to be able to do it. That is, in ef- my coming caused that. If that is the think it is an evasion of what this de- fect, what this is all about. case, I suppose there are plenty that bate is really all about. What this de- Finally, Mr. President, I mentioned hope I leave. I would like to think that bate is about is whether there was a before that we are all for the extension was coincidental. mistake or drafting error for which of the Aviation Act. I don’t know Mr. President, I repeat again what I there needed to be made a technical whether our colleagues were here ear- said before. I think everybody has said correction in legislation that was lier. I would have offered the FAA con- whatever they want to say on this passed in 1995, or whether there was ference report without this provision issue. It is clear that one side wants to not. S12110 CONGRESSIONAL RECORD — SENATE October 1, 1996 Now, the Senator from Massachu- The conference report could have been Hundreds of hours were spent with Sen- setts believes that had no relevance, passed and sent to the White House ator PRESSLER, the chairman of the that was not correct. He is entitled to days ago before October 1, and this full committee, Senator HOLLINGS the that opinion, and I respect that opin- critical funding would have continued. ranking member, Senator FORD, and ion. I am not sure I see the point here Now we are getting emergency phone me. I mean we have worked for lit- in attacking a company and accusing calls from all over America. They are erally 2 years on this very important them, and having a big poster board up calling saying, ‘‘What is the matter legislation. And we had a couple of there that says ‘‘anti-worker.’’ What with you guys? What is the matter false starts I might remind my col- does that have to do with anything with you? You are hung up on some league from South Carolina. But we fi- that we are really debating here? technical point here,’’ and we are being nally came up with legislation which What it really has to do with is a deprived the ability to provide the crit- really is important to the future of union agenda to attack a corporation. ical aviation services to our citizens America. Again, they are free to do that, and the that they deserve. Frankly, I do not Instead now we are hung up on what rules of the Senate, I am sure, cer- understand it. is fundamentally a difference of opin- tainly allow the Senator from Massa- I again urge the Senator from Massa- ion as to whether a mistake was made chusetts to do that. But that is not chusetts to allow us to move forward. in the drafting of legislation—and by really what the debate is about. The We could have a vote on the conference the way, in view of those who were debate is about whether an error that this afternoon and pass it with 60 drafting the legislation, or whether was made in drafting and enacting leg- votes, or 51 if he would just let us have Senator KENNEDY is correct, that this islation should be corrected or not. It an up-or-down vote on the conference is a subject for the National Labor Re- is that simple. Whether Federal Ex- report. And we could be done with this. lations Board. press is the best corporation or com- Instead the Senator from Massachu- It seems to me that we could pretty pany in the world, or the worst, has no setts is choosing to drag this out for 3 well ventilate that difference of opin- bearing on it. more hours of debate tomorrow. And, ion today and we could move forward So, again, I am sure that the Senator very frankly, it is not clear to me what with a vote on the bill today. from Massachusetts seems to be enjoy- there is to debate more except to keep I again urge my colleague from Mas- ing relating anecdotes about the anti- going over again and plowing over sachusetts to do that for the benefit of, employee behavior of Federal Express; ground that has already been plowed, if not the Members of the Senate who although, in my experience, most cor- which by the way would not be a want to go home and campaign, the porations that mistreat their employ- unique activity for this body. But at working men and women in America, ees are not successful. But maybe this the same time there is a lot more at tens of thousands of whom—if this de- is an exception to my general experi- stake here than in the normal course of bate drags out, I will have more spe- ence in that area. debate. cific statistics as to the incredible im- I don’t claim to be an expert. But I So again I want to urge the Senator pact that this is having economically am not sure how we really gain any- from Massachusetts, take down your on America, not to mention the criti- thing by continuing to try to discover antiworker poster and let us talk about cal aviation safety and airport security whether Federal Express is a good or whether indeed this was a technical reasons. Mr. President, I reserve the remain- bad corporation. The question here is: correction to a drafting error that der of my time. Are we going to allow the airport needed to be made or not or whether Mr. KENNEDY addressed the Chair. projects and aviation safety pro- the argument of the Senator from Mas- The PRESIDING OFFICER. The Sen- grams—the aviation safety and airport sachusetts is correct that this is really ator from Massachusetts. security programs—to move forward, a subject for the National Labor Rela- Mr. KENNEDY. Mr. President, I will which will happen on Thursday anyway tions Board. It may be. Let us try to just speak briefly at this time. now, or are we going to continue to convince our colleagues on the basis of I listened to my friend from Arizona delay? We have already passed our whether that is, indeed, the case, or talking about workers that are af- deadline for completing this matter by not. fected. I am asking what about those some 17 hours. I am willing and eager to engage the workers that are working for Federal The Senator from Massachusetts pro- Senator from Massachusetts in open Express that are playing by the rules fesses and I accept his sincere commit- and honest debate on that issue. I am who tried to get together and have ment to the working men and women not eager to try to find out whether their own set of grievances? What of America. I do not question that at Federal Express is a good or a bad cor- about those workers who have their all. But I do question why he wants to poration because I do not think that is case before in adjudication at the delay the inevitable until Thursday, or relevant to the issue and the question present time? What about those work- Friday, or next week costing these here. But I am afraid that is not going ers? What about their families? They working men and women I don’t know to be the case. have been waiting for months and how much other income because I don’t Finally, Mr. President, before I yield months for a decision to see if their know what their salary is, but at least the floor, again this is an issue that rights are going to be protected, and a week’s worth, if not 10 days worth. In must be resolved. It is going to be re- with the passage of this legislation ef- some families, that means a lot. That solved. And we are not doing anything fectively we are undermining those. I really does mean a lot. There are only except penalizing working men and don’t hear from the Senator from Ari- 52 weeks in the year when you can women all over America. We are jeop- zona any concern about those workers. work and we are now costing these ardizing the aviation safety of the I would have thought that he would families income by not passing this American flying public. And we are not have been concerned with them. critical legislation. proceeding with the much needed mod- Mr. President, we have debated about Now the Senator from Massachusetts ernization for our air traffic control whether this was a mistake or not. I is going to deprive those working men system, and we are not moving forward will not get back into the fact that we and women. I have no idea how many in a myriad of ways that we critically have had now the number of Members— tens of thousands of them would be must move forward with immediately. Mr. LIPINSKI, ranking member of House working on $9 billion worth of airport Mr. President, I say with some self- Aviation, Mr. OBERSTAR, ranking mem- projects. I don’t know how many there serving comments that this has a huge ber of the House Transportation, Mr. are. But I know they are going to be bearing, and is an encompassing ex- DEFAZIO on the Transportation Com- out there suffering as will their fami- tremely important piece of legislation; mittee, and others in the House, and lies. the result of 2 years of work with the the members of the committee, plus The Senator from Massachusetts con- Secretary of Transportation, with the CRS, all indicated that it was not just tinues to sort of blame this side that Administrator of the FAA, and with a passing factor, but that it was to give we didn’t pass the bill. We passed the the Deputy Administrator of the FAA, very clearly one company an advantage bill and finished conference on Septem- Linda Daschle, who did such an out- over others and being a serious dis- ber 23, in plenty of time, Mr. President. standing job on this—an incredible job. advantage to workers. October 1, 1996 CONGRESSIONAL RECORD — SENATE S12111 Mr. President, the Senator from Ari- ing to carry them forward, and we have lege. To do what? Cut back on the Med- zona reminds me of that young person legislation that would effectively un- icare, cut back on the Medicaid to give who shot his parents and then came be- dermine them. the tax breaks to the wealthy. fore the judge, and said, ‘‘I plead, give I know the Senator from Utah is not That has been the record. You do not me mercy. I am an orphan.’’ We said on the floor. I hoped to just be able to have to listen to this Senator in Octo- the other day on the continuing resolu- clarify this position. As I understand, ber to make that out. The record is tion that we would pass the conference from 1984 to 1991, which is a period of 7 complete with the battles. So it is not report without the antiworker provi- years, there was no pay increase; that a surprise to me when the Senator says sions, and he said, no, no. Where was in 1991, workers began to organize, and we are concerned about workers, we all of his concern about the workers Federal Express gave workers a pay in- are concerned about workers over here, then? Where was all of his concern crease, and then another in 1993. In and does not even mention those indi- about what is going to happen out in 1996, the company announced that viduals who have very legitimate these various airports then? Where was there would be no further wage in- grievances and are being shortchanged all of his concern about the importance creases. That is my information. If by legislative action—shortchanged— of passing out legislation then? that helps clarify the Senator’s under- and others who are going to be given Well, after that legislation was safely standing of what I was trying to por- some advantage, significant advantage, passed, it only took a little bit of time. tray, that is fine. by statutory language. And then he comes out here and says Mr. President, this is an important This is not a question of oversight. ‘‘Oh, we have to pass this legislation issue. It is so easy to always find an ex- All you have to do is read the record, now.’’ cuse not to look out after working peo- read the unbiased analysis of those who Mr. President, we are quite prepared, ple. We heard from the Republicans observed the history of this particular if it is agreeable to Senator MCCAIN, to month after month after month where provision. We know that. This is spe- ask that we go to consideration of S. they would not even permit the Senate cial legislation for a special company 2161, which is the FAA bill that is on of the United States to vote on an in- that has done what it could to frus- the calendar now without the anti- crease in the minimum wage. Month trate workers from being able to pro- worker special interest Federal Express after month after month they said no. ceed to pursue their legitimate griev- rider, and we are prepared to move ‘‘Over my dead body,’’ was what they ances. That is what this is about. ahead on that. said in the House of Representatives. That is what this is about. It is an I get back time and time again from ‘‘I will fight it with every sinew in my issue we are fighting for, and it is an the Senator from Arizona: ‘‘We can’t body’’—an increase in the minimum issue we are staying here another day do that because we are going to go out. wage to permit those Americans on the for. For some, workers’ rights are im- We are going to go out.’’ The fact of lowest rung of the economic ladder the portant. For some, the grievances of the matter is the House adjourned in ability to work and be out of poverty. workers are important in this country, 1994, and it came back and passed No, they said. No, we have got other maybe not to others. Maybe not to oth- GATT. There are other examples that I measures to consider in this Chamber. ers. But to some Senators, they are. will put in the RECORD of where the We are not going to permit that. They are worth fighting for. We will House came back in, the most recent Then, finally, because of the Amer- have that opportunity for the Senate with the GATT. They came back in and ican people’s sense of fairness and de- to make a judgment on this on Thurs- passed virtually immediately on the cency, they had to relent in the Senate day next at 10 a.m. We will then follow action that was taken by the Senate. It of the United States and the House of the rules of the Senate and abide by is done, and it has been done and his- Representatives. Then they tried to cut that decision. But until then, we are torically done. it back. Then they tried to delay it in going to continue with everything that We could do that this afternoon. But the conference. That is the record of we can to make our case for justice and no, no, no, no, no. He refused to do that the anti-worker leadership over the pe- fairness for working families. because they want to stick it to these riod of this last Congress. Mr. McCAIN addressed the Chair. workers; stick it to the workers, pass The first thing they did was attack Mr. KENNEDY. I reserve the remain- this provision in there to stick it to the Davis-Bacon Act. The average con- der of my time. the workers. They are the interest. struction worker makes $27,500 a year, Mr. McCAIN addressed the Chair. This is my interest in terms of— and that is too much for some on the The PRESIDING OFFICER. The Sen- Mr. MCCAIN. I ask for a ruling from other side; we are going to emasculate ator from Arizona. the Chair—— that. Second, we have got to cut back Mr. McCAIN. Mr. President, I yield Mr. KENNEDY. I have the floor, Mr. on the earned-income tax credit. Who myself 2 minutes. President. I ask for regular order. benefits from that? Workers who make I enjoy spirited debate in this Cham- Their interest is my interest. That is up to $28,000, $29,000 and their children. ber. I enjoy an exchange of philosophy basically what this issue is about. That is too much. We are going to cut and ideas, and I learn from debate, es- The PRESIDING OFFICER. The Sen- back on those individuals. pecially with some of the more learned ator will suspend. The next thing we are going to do is colleagues on the other side of the The Senator from Arizona. make all of you pay more for your par- aisle. But I have to say, with all due re- Mr. MCCAIN. Under the rules of the ents because we are going to cut back spect to the President, I just grow Senate, I do not believe the words of on the Medicare and give $245 billion of weary, I grow weary when someone on the Senator from Massachusetts, say- tax relief to the wealthiest individuals. the other side of the aisle says I want ing I want to stick it to the workers, is We know what the record is of the Re- to stick it to workers, that I want to appropriate language for the Senate. publican leadership over there. abandon old people. The PRESIDING OFFICER. The Sen- I am not surprised at what the Sen- That really has nothing to do with ator will withhold. ator from Arizona is saying now. All debate. That just has to do—even The ruling of the Chair is that the you have do is look at the record of though the ruling of the Chair just was language of the Senator from Massa- this last Congress, and it has been anti- not in my favor, it is unnecessary, it is chusetts is not in violation of rule 19. worker, anti-worker on a minimum unwanted and, very frankly, I say to Mr. KENNEDY. I thank the Chair. wage, anti-worker on the earned-in- the Senator from Massachusetts, I am Mr. President, the issue of those come tax credit, anti-worker on work- sorry that he has to lower the level of workers—this is about Federal Express. ers who are trying to get the Davis- debate to impugning my character and They have rights. They have their in- Bacon provision so that those who have motives for a position that I happen to terests. If they are against the workers the skills ought to be able to get de- take on this bill. I do not impugn the and workers’ rights, so be it. This is a cent work, and cutbacks in education integrity, the motives of the Senator free country. They can go within the where the workers’ children are going from Massachusetts. I believe that he context of the law. What we are basi- to school. Cut back on those programs. has strongly held views. I believe that cally talking about is the grievances Cut back on the scholarship programs what is happening now is bad for work- that those workers have, who are try- for those children who are going to col- ers of America, but I certainly do not S12112 CONGRESSIONAL RECORD — SENATE October 1, 1996 blame the Senator from Massachusetts status by stating unequivocally that When we began the process, this was and, very frankly, I do not look for- ‘‘Federal Express and all of its employ- a relatively modest reauthorization ward to further debate with the Sen- ees are subject to the Railway Labor bill. No safety or security measures to ator from Massachusetts because it is Act.’’ Federal Express Corporation, 23 speak of. Now, these concerns are at obvious that it cannot be debated on a N.M.B. 32 (1995). the forefront, where they belong. level that I think is in keeping with I do not know how you make it more With this bill, we go beyond all the the tradition of this distinguished clear than that. You have that decision talk about safety. With this bill, we body. that said, in 1993, and I read, ‘‘Federal take the first step ever toward making Mr. President, I would like to reserve Express Corporation has been found to information on airline safety available 8 minutes for Senator HUTCHISON when be a common carrier as defined by 45 to the public. Finally, the traveling she arrives in the Chamber. In the U.S.C. 151.’’ public will be able to get basic safety meantime, I would like to yield time, Then I look at 45 U.S.C. 151, 1st, ‘‘The information in plain English. what time there is between then and 8 term ‘carrier’ includes any express Everyone who flies should be able to minutes left for Senator HUTCHISON, to company.’’ make informed choices about the air- the Senator from South Carolina. You read it to them; they don’t want lines they fly and the airports they The PRESIDING OFFICER. The Sen- to listen. They just act like there is no- use. This legislation will help consum- ator from South Carolina. body else, they are here looking out for ers do that. Mr. HOLLINGS. Mr. President. I do the workers, trying to make it an emo- Today, travelers can get plenty of in- not know where to come in. I know we tional thing, who is for the workers. I formation from the airlines about finally have beaten them when they was around here for the workers when whether their bags will get crushed or start debating the minimum wage bill, some of these were voting for NAFTA. their flights will arrive on time. With no pay increase, anti-worker, Davis- We lost 400,000 jobs; the Mexicans lost this bill, travelers will no longer have Bacon, scholarships for students. It re- 1 million jobs. We went from a $5 bil- to go through the legalistic torture of minds me during the war boarding lion balance in trade, a surplus, to over the Freedom of Information Act to get ships in the Navy, they said, ‘‘When in an $18 billion deficit. I lost 10,000. I basic safety information. They’ll be danger, when in doubt, run in circles, don’t know how many this year. I know able to get it online, from the National scream and shout.’’ And so we now more than 10,000 by the middle of the Transportation Safety Board. have to come to the floor of the Senate summer. I lost 10,000 jobs down there. No one thought this would be easy. I and talk about everything else but GATT—I voted against GATT. I had have talked to people in all parts of the what is really at hand. to hold up the Senate and everything aviation community—the FAA, NTSB, My distinguished colleague from else of that kind, trying to make sense airlines, labor, manufacturers, pilots, Massachusetts thinks when he repeats so we would not repeal 301. They kept and consumer groups—about the best something or says something, somehow on saying it was not repealed. Now way to do this. While there are cer- that makes it true. He continually they understand. The Japanese laugh tainly differences over how to do it, ev- comes again and again and he says, at them. They say, ‘‘Let’s go to the eryone agrees that it should be done. well, the Senator from South Carolina World Trade Organization, WTO.’’ Find And I agree with those in the industry cannot show that Federal Express is an out what you get out of that group. who say that anything involving safety express company under the Railway So, do not run around saying, ‘‘I am should not be part of competition. But Labor Act. We filled the record. We looking out for workers and helping by having uniform definitions, stand- will have go back to it again and again workers, and you are antiworker.’’ ards, and public access to this informa- and again. The PRESIDING OFFICER. The time tion, I believe we will move safety out Since commencing operations 23 of the Senator from South Carolina has of the shadows and into the sunshine. years ago, Federal Express and its em- expired. Also of special interest are the provi- ployees consistently have been deter- Mr. WYDEN. Mr. President, I rise in sions seeking to improve aviation secu- mined by the Federal courts, the Na- support of the conference report on S. rity. tional Mediation Board, and the Na- 1994, to reauthorize the programs of the This conference report will require tional Labor Relations Board to be sub- FAA. For the safety and security of more comprehensive employment in- ject to the RLA. See Chicago Truck every Oregonian who flies and for our vestigations, including criminal his- Driver, Helpers, Warehouse Workers smaller airports this legislation is crit- tory records checks, for individuals Union v. National Mediation Board, ical. who will screen airline passengers, bag- 1982; Chicago Truck Drivers, Helpers I want to commend the chairman of gage, and property. We remove the leg- and Warehouse workers v. NLRB in the committee, the chairman of the islative straitjacket that has ham- 1979; Adams v. Federal Express Cor- Aviation Subcommittee, and especially strung the FAA’s efforts to deploy se- poration back in 1977; Federal Express the distinguished ranking member of curity equipment in airports. Corporation, 22 N.M.B. 57 (1995); Fed- the Aviation Subcommittee, Senator When we talk about a security sys- eral Express Corporation, 22 N.M.B. 157, FORD, for their hard work. The con- tem that will cost as much as one B–2 1995; Federal Express Corporation, 20 ference report includes several provi- bomber, we can’t expect the airlines to N.M.B. 666 in 1993; Federal Express Cor- sions I have worked on. In particular, I shoulder that burden alone. poration, 20 N.M.B. 486; Federal Ex- take pride in those that make safety The conference report puts the ad- press, 20 N.M.B. 404; Federal Express, 20 paramount at the FAA, that require ministration on top of airport safety N.M.B. 394 in 1993; Federal Express, 20 making airline safety information and security functions. Right now, this N.M.B. 360 in 1993; Federal Express, 20 available to the public and that task is undertaken almost exclusively N.M.B. 7, 1992; Federal Express, 20 strengthen security at our airports. by the air carriers. From now on, the N.M.B. 91, 1992; Federal Express Cor- I also want to thank the managers FAA will be firmly in charge. poration, 17 N.M.B. 24, 1989; Federal Ex- for their cooperation in incorporating Another problem is the lax attitude press, 17 N.M.B. 5, 1989; Federal Express my amendment on train whistles. This we have toward some of the most criti- Corporation and Flying Tiger Line, 16 provision will stop the Government cal players: Those who monitor the x- N.M.B. 433 in 1989; Federal Express Cor- from imposing a one-size-fits-all ap- ray machines. What is the point of hav- poration, 6 N.M.B. 442, in 1978; Federal proach on communities with railroad ing $1 million machines if these work- Express, Case No. 22–RC in 1974; Fed- grade crossings. Without this provi- ers are being paid minimum wage and eral Express, NLRB case in 1985; Fed- sion, towns across this country, like lack any basic training? Americans eral Express, NLRB case No. 1–CA 25084 Pendleton, OR, would have had train should not expect a second-class atti- in 1987; Federal Express, NLRB case in whistles blowing night and day. My tude will produce first-class security. 1982; Federal Express NLRB case in amendment will assure that the Fed- The amendment will toughen up the 1982; another one, again, in 1977; 1991. eral Railroad Administration works attention paid to these critical work- The National Mediation Board re- with the people in Pendleton and else- ers. cently ruled—and this is a 1995 case— where to develop appropriate safety There remains, however, one glar- on Federal Express’ Railway Labor Act measures for their grade crossings. ingly weak link in the security chain. October 1, 1996 CONGRESSIONAL RECORD — SENATE S12113 It is that we don’t even have an evalua- us, and it is October 1 and we are not We are also going to ask the FAA in tion of the current status of security at able to move forward. this bill, when it is passed, to look at our Nation’s airports. We need a basic I would like to talk about a few of how we can improve security for mail, security baseline in order to establish the things that are in this bill which for cargo. It is important that the goals and priorities. We need regular we cannot do today because we are in sense of the Senate in this bill which reports on whether the goals are being the middle of some kind of filibuster, says we believe that cargo security can met. This is not rocket science. It is se- which really is meaningless because we be enhanced be passed, because if we curity 101. Although this is not in- are going to vote on this bill sometime can enhance cargo security, that is one cluded in the bill, I intend to work before the end of this week. But here is area that really is pervasive in our with the FAA on this in the coming what we are not able to do today be- aviation system, and it is really the months. cause this bill has not been passed. underbelly, to use a pun, of aviation se- Finally, I want to note another very We are trying to get explosive detec- curity. important provision for Oregon: Fund- tion devices certified by the FAA. We would require, in this bill, an ing protection for smaller airports. There is $400 million in the continuing aviation security/FBI liaison in cities These airports, such as Bandon and resolution that we passed last night, with high-risk airports to coordinate John Day and Klamath Falls, serve and it is for the technologies which are with the FAA. This bill says that we citizens in the more rural parts of my now available that we are not using in think there needs to be a person in this country but that they are using in State. Without the funding formula in every FBI office where there is a high- foreign countries for the detection of this bill, these smaller airports would risk airport—any airport that has explosive devices that might be taken suffer disproportionate cuts in grant international service—that in every on an airplane. funds when appropriations are tight. These devices that could be certified, FBI office, there should be a liaison Unless I’ve missed something, there right now, today, if we could pass this with the FAA and with the airport to doesn’t appear to be any extra airport bill, cannot be deployed without this make sure that there is coordination, improvement grant funding lying provision. So we are losing valuable where information is exchanged, where around. time in getting the best of the tech- the FBI can look at what the FAA is Mr. President, there are many other nology. doing or what the airlines are doing for important elements in this legislation. You may ask, ‘‘Gosh, we put our bags security, to give their opinion about I want to conclude by again thanking through screens right now at airports.’’ whether it is sufficient or whether it the leaders of the Commerce Commit- That is true, we do. But those screens could be improved. tee for their excellent work on a good were made to stop hijackers. Those In fact, we would have a joint threat aviation safety and security bill. screens were made to detect guns and assessment by the FAA and the FBI, Mr. HOLLINGS. When does the time knives, but not explosive devices, and and they want that authorization. Both terminate? Right just before 5? particularly not the high-level, sophis- entities want to work together, and The PRESIDING OFFICER. There is ticated explosive devices that we know they want the authorization to do that. 8 minutes remaining to the Senator are now on the market. But detection It makes sense. from Arizona. He yielded those 8 min- devices are available for those devices. So why aren’t they doing that? Be- utes to the junior Senator from Texas, We can detect those explosives if we cause we are discussing a labor issue and 24 minutes remain to the Senator can deploy the equipment and get it that was decided years ago. The people from Massachusetts. certified by the FAA, which we cannot of America probably don’t understand Mr. HOLLINGS. I thank the Chair. do right now because this bill is being that, and many of us on this floor don’t The PRESIDING OFFICER. The debated on a technicality that was de- understand that either. Chair, acting in his capacity as the cided by Congresses in the past and We are talking about taking away Senator from Washington, suggests the which has been decided by this Con- the dual mandate of the FAA, which is absence of a quorum. gress, and it is just a matter of time promotion of the airlines and safety. The clerk will call the roll. before we get to what will be an over- That has always been a kind of a con- The legislative clerk proceeded to whelmingly positive vote that will flict that has had to be resolved from call the roll. show that this Congress has decided time to time, and we are taking pro- Mrs. HUTCHISON. Mr. President, I this issue. motion out, because the airlines do a ask unanimous consent that the order We would require background checks good job of that. for the quorum call be rescinded. for baggage and passenger screeners. When the FAA was created back in The PRESIDING OFFICER. Without We believe it is prudent to have back- the old days, airlines were just begin- objection, it is so ordered. The Senator ground checks on the contracted-out ning, and people had to be convinced from Texas has 8 minutes yielded by employees who are doing this screen- that airlines were going to be safe. But the Senator from Arizona. ing. That is in this bill. The FAA would now we see the safety record of air- Mrs. HUTCHISON. Mr. President, it be able to audit the criminal records lines, and it is terrific. You are safer on is hard to imagine that we are really checks for tarmac-access employees. an airplane than driving to the airport, still here, talking about whether we That is provided in this bill, if we can and that is a fact. So now we are going are going to vote on an aviation secu- pass it. to make safety the mandate of the rity bill. We know that we must have We are going to have a study that FAA, and that is proper, because pas- this. We are trying to respond in a re- will determine if we can have baggage- sengers want to make sure that they sponsible way to the potential for ter- match reports on domestic flights. One are safe. rorism in our airports. We are trying to of the things that is done on overseas I think of the families of the pas- make sure that the FAA has the tools flights is matching baggage that is sengers on TWA Flight 800 who went to that it needs for safety. Yet, we are checked with the passengers. I believe France this week. They are trying to being held up on a really technical this is going to be feasible on our do- put their lives back together. I think of point, not to mention taking people mestic flights, because I think the what those families are thinking away from what they need to be doing technology is there that will keep us about, what their loved ones felt when right now with regard to the rest of from having the delays that the air- they were thousands of feet above the this session. I do not understand it. lines have been concerned about. So we ground and, through no fault of their What we are talking about today is want to be able to assess that, and that own, their lives were taken from them, the most bipartisan solution to a real is provided for in this bill. But it is and they were helpless. problem that we have in this Govern- being held up now with this debate We want to make it as safe as pos- ment, and that is the reauthorization over a nonissue so that we are not sible for every traveling American, and of the FAA, which thousands of the going to be able to immediately go for- this bill will do it. Mr. President, there traveling public depend on for the safe- ward to implement tests on baggage is no reason to be holding this bill up ty of our airline passengers, as well as match, which may be one of the most on matters that have been decided by the safety of our visitors to this coun- important ways to make our airlines this Congress. There is no reason to try. We have the reauthorization before and our airports more safe. hold this bill up over a technical labor S12114 CONGRESSIONAL RECORD — SENATE October 1, 1996 issue that has been decided by this ent task force study that broke the gram to $50 million. What does that Congress. We have so many important deadlock. Those who have watched the mean? It means the cities of Brook- safety issues in this bill that are being debate on this conference report over ings, Mitchell, and Yankton in my addressed. We should be responsible the past week have seen firsthand Sen- State will be ensured of a continued air and get this bill out today so that we ator STEVENS’ passion for aviation service link to our national air service do not delay for 1 more day the deploy- safety and improving the treatment of network. In addition to helping to pro- ment of the explosive detection devices families of aviation disaster victims. tect existing EAS service in Brookings, that are ready to go on line and into Let me also commend and thank my Mitchell, and Yankton, I am hopeful our airports to provide the level of good friend from South Carolina, the that a $50 million EAS program will re- safety that our passengers require, ex- ranking member of the Commerce sult in increased air service for these pect, and are entitled to. Committee, Senator HOLLINGS, who cities. A $50 million EAS Program is So, Mr. President, I hope that those provided important leadership on this great news for the economy of South who are holding up this bill, knowing conference report. Also, let me ac- Dakota. that they will not succeed, but, never- knowledge the leadership of Senator Second, the legislation ensures small theless, imposing on their fellow col- FORD, the ranking member of the Avia- airports such as those in South Dakota leagues to make some sort of point tion Subcommittee. finally receive their full and fair share that is not being very well made and H.R. 3539 is a bipartisan, omnibus of AIP entitlement funds. Adequately putting in jeopardy the safety of the aviation safety and security bill. It re- maintained airports are critical to air authorizes the airport improvement flying public and people who go into service. They also are critical to air program [AIP] and thereby ensures air- airports by the hundreds of thousands safety. Under the new AIP formula I ports across the Nation will continue in this country every day—we could be helped develop in this conference re- to receive Federal funding for safety- doing more, and we could be doing it port, South Dakota airports are big related repairs and other improve- right now. The FAA is waiting for this winners. For instance, AIP entitlement ments. It reforms the FAA in a way authorization. It is at hand. Why would funds will increase at least $225,000 an- which hopefully will reduce bureauc- nually for the Sioux Falls Regional we be delaying for the next 2 days when racy, increase responsiveness, and en- Airport, $170,000 for the Rapid City Air- we could start the deployment today, hance the efficiency of that agency. port, and $100,000 each for the Aber- this minute, of the explosive detection The conference report also contains nu- deen, Regional Airport and the Pierre devices which are provided for in the merous provisions which will improve Regional Airport. Hopefully, improved continuing resolution that has already aviation safety, enhance aviation secu- airport facilities resulting from this been signed by the President and all we rity and provide long overdue assist- formula adjustment will help stimulate need is the authorization to do it? ance to the families of victims of avia- increased air service in Sioux Falls, It is not responsible, and I call on my tion disasters. Rapid City, Aberdeen and Pierre. colleagues who are holding this bill up Mr. President, as I have said repeat- Again, such a result would be great and ask them to be responsible and edly in this body over the past few news for economic development in help us address these issues for the days, we have a responsibility to the those cities and our State. The new for- safety of Americans and our families American traveling public to pass this mula ensures they receive their fair and our loved ones. legislation before we adjourn. For in- share of Federal dollars. Mr. PRESSLER. Mr. President, as stance, this legislation provides statu- Mr. President, this conference report chairman of the conference on H.R. tory authority to deploy explosive de- should have passed the Senate last 3539, the Federal Aviation Authoriza- tection devices at our Nation’s airports week. Regrettably, a few Senators have tion Act of l996, I rise in support of this as recommended by the White House been using procedural maneuvers to critically important aviation safety Commission on Aviation Safety and hold up this vitally important aviation and security legislation. Despite some Security on which I serve. Even though safety and security legislation over one unwarranted, partisan exchanges in the yesterday the Congress approved fund- provision they find objectionable. Dur- past few days—unwarranted because ing to purchase these explosive detec- ing debate, I have listened to those this is in no way a partisan issue—this tion devices, without passage of this Senators mischaracterize this provi- is bipartisan legislation which enjoys conference report the Federal Govern- sion as some type of conspiracy by the strong support on both sides of the ment will not have statutory authority Republican leadership. That baseless aisle. When we vote on final passage to deploy them. Such a scenario is assertion could not be further from the later this week, I believe this legisla- completely unacceptable. The Amer- truth. As the distinguished ranking tion quite deservedly will enjoy over- ican public expects the level of secu- member of the Commerce Committee, whelming support. rity at our airports to be improved im- Senator HOLLINGS forcefully pointed There are many Senators from both mediately. We must respond before the out during yesterday’s debate, the pro- parties who had a hand in crafting this Senate adjourns. vision in dispute is a provision that legislation. Today, I wish to express Mr. President, I wish to speak for a Senator HOLLINGS, a senior Democratic my personal thanks to some of my col- few minutes about what this legisla- Member of this body, offered. More- leagues. tion means to my home State of South over, there is nothing partisan about My good friend from Arizona, Sen- Dakota. In South Dakota, air service is the Hollings amendment. In fact, it ator MCCAIN, has been a driving force critical to economic development. For was supported by all five Senate con- behind this legislation. As chairman of example, the decision whether to open ferees including Senator HOLLINGS and the Aviation Subcommittee, Senator a new factory in a small city or where Senator FORD, two of the most re- MCCAIN set the lofty goal of meaning- to locate a new business often turns on spected Democratic Members of this ful reform of the FAA. Through Sen- the availability of good air service. body. ator MCCAIN’s tireless efforts, this leg- That was never more evident to me Yesterday during debate on the Hol- islation puts in place a mechanism to than when a company recently visited lings amendment, I heard several Mem- ensure the FAA is on firm footing to Rapid City, SD to consider relocating bers of the group blocking this legisla- meet our aviation needs well into the there. This move would create more tion make blanket statements that the new century. Senator MCCAIN’s great than 100 new jobs. One of the very first Hollings amendment is not truly a vision in aviation policy can be seen questions they asked my staff con- technical correction. With all due re- throughout this conference report. cerned air service between Rapid City spect to those Members, I authored the I also want to commend my good and a major hub airport. In South Da- ICC Termination Act. I know what we friend from Alaska, Senator STEVENS, kota, air service and economic develop- intended to do in that legislation. who is really the unsung hero of this ment go hand in hand. Therefore, I can unequivocally say legislation. When we reached an im- Mr. President, this legislation is a they are dead wrong. In the ICC legisla- passe as to how best to address the great air service victory for South Da- tion, the Senate never intended to strip question of long-term FAA financing kota. Federal Express or any person of rights reform, it was Senator STEVENS’ First, the legislation doubles the size without the benefit of a hearing, de- thoughtful suggestion of an independ- of the Essential Air Service [EAS] pro- bate or even discussion. That point is October 1, 1996 CONGRESSIONAL RECORD — SENATE S12115 made crystal clear by section 10501 University of Washington; and to other should say at least $20 million—from which reads ‘‘the enactment of the ICC enterprises too numerous to mention. last year’s $169 million that we re- Termination Act of 1995 shall neither Another great Seattle citizen, a ceived. expand nor contract coverage of the friend of both Howard Wright’s and of Actually, the reason I say ‘‘at least’’ employees and employers by the Rail- mine, Herman Sarkowsky, was quoted is because we did increase the way Labor Act.’’ recently as saying that Howard Wright obligational authority. So actually a Mr. President, fairness dictates we had ‘‘an insatiable appetite to learn ev- State like mine and a State like the correct that inadvertent error. That is erything about his city,’’ to learn, Mr. one of the Senator presiding here in precisely what the Hollings amend- President, and to do. the Senate should probably have re- ment does. It is exactly why I sup- But, in addition to these objective ceived more in the 1997 allocation than ported it in conference. It is why I con- statements about Howard Wright, I they did in 1996. So this chart is just tinue to support it strongly. must add his own personal friendship saying, if we would have received the This historic piece of aviation legis- to me and to all of my undertakings, same overall obligational authority lation reflects the outstanding work his constant counsel and advice, and a —that is the big pot of money to be dis- Congress does when it proceeds on a bi- sunny disposition, which never admit- tributed—our respective States should partisan basis. We should meet our re- ted that there was a task too great to have gotten at least what they got in sponsibility to the American traveling be accomplished, that never admitted 1996. Instead, they are getting less. public by passing it as soon as possible. that there was not another friend to be Now, the first point, Congress in that Lets get the job done for the American made, another goal to be achieved. year did not change the formula. The public. I urge that the Senate imme- Mr. Wright will be missed by his fam- formula was a multiyear operational diately pass the conference report to ily, by his community, by all of the or- formula that told the administration, accompany H.R. 3539. ganizations to which he so unstintingly between the Secretary of the Treasury Mrs. HUTCHISON. Mr. President, I gave his time and his money, and by which reports the receipts of the gaso- suggest the absence of a quorum. this U.S. Senator as a friend. line tax, and the Secretary of Trans- The PRESIDING OFFICER. Time Mr. DOMENICI addressed the Chair. portation, to allocate pursuant to that yielded to the Senator from Arizona The PRESIDING OFFICER. The Sen- multiyear formula. has expired. The clerk will call the roll ator from New Mexico. Now, something happened because, as and charge the time against the time Mr. DOMENICI. Parliamentary in- a matter of fact, more money was remaining. quiry, Mr. President. What is the busi- taken in, the formula was not changed, The bill clerk proceeded to call the ness before the Senate? and we get less money—substantially roll. The PRESIDING OFFICER. The con- less money. Now, it is very interesting. Mr. GORTON. Mr. President, I ask ference report on FAA. On the other hand, it is almost in- unanimous consent that the order for Mr. DOMENICI. Is it appropriate for comprehensible to the Senator from the quorum call be rescinded. the Senator from New Mexico to ask New Mexico because some States got The PRESIDING OFFICER. Without unanimous consent for 5 minutes as in huge amounts of new money. For in- objection, it is so ordered. morning business? stance, New York gets $111 million less Mr. GORTON. Mr. President, I ask The PRESIDING OFFICER. The Sen- than this minimum I have been de- unanimous consent to speak for 5 min- ator may seek unanimous consent. scribing that they probably should utes or less as in morning business. Mr. DOMENICI. I also request unani- have received. I have told the Senate The PRESIDING OFFICER. Without mous consent that a legislative fellow about New Mexico. Then, if we look objection, it is so ordered. in my office, a Mr. Larry Richardson be down and say, well, what happened to f permitted on the floor? California? Well, California gets $122 The PRESIDING OFFICER. Without million more than they would have re- HONORING THE LIFE OF HOWARD objection, it is so ordered. ceived if we would have had a 1996 allo- S. WRIGHT f cation of the same amount of money in Mr. GORTON. Mr. President, I speak 1996, even though we got more going ALLOCATION OF THE HIGHWAY here this evening to express my sad- into this formula now. And, interest- TRUST FUND ness and deep regret at the death last ingly enough, the State of Texas—I do Saturday of a friend and civic activist Mr. DOMENICI. Mr. President, I seek not know how this all happened, it is in the city of Seattle, Howard S. the floor today just to make the record almost some kind of phenomenal Wright. Mr. Wright can appropriately complete before the year ends with ref- event—apparently for no real reason, be called one of the great builders of erence to what happened to the alloca- the State of Texas got a $182 million modern Seattle. He was the head of a tion of the highway trust fund or what increase. The State of Massachusetts, a major construction firm for many is about to happen to it. $73 million decrease. years. His company was responsible for First, I want to put in the RECORD all Now, frankly, I believe this error the building of the tallest of our struc- of the States of the Union and the 1996 should have been corrected by this ad- tures, among many others, a set of actual allocation, the percent and the ministration. In fact, ten Senators sent buildings with the vision behind which dollar loss or gain from the 1996 alloca- a letter to the Secretary of Transpor- led to much more beautiful develop- tion to the 1997 allocation. The mini- tation well before any drop-dead date ment in downtown Seattle. mum amount that States lost because with reference to sending the money After leaving the construction busi- of this new allocation is found in the out, urging that the Secretary of ness, he went into the allied profession, last column of this chart. I ask unani- Transportation correct the error. We development, and there also was not mous consent that this chart be print- sent that letter on September 20th. only successful, but successful in a way ed in the RECORD at the conclusion of I ask unanimous consent that the that will leave a long-term and positive my remarks. letter be printed in the RECORD. impact on the city he so loved. The PRESIDING OFFICER. Without There being no objection, the mate- While Howard Wright was magnifi- objection, it is so ordered. rial was ordered to be printed in the cently successful as a businessman, he (See exhibit 1.) RECORD, as follows: also gave at least as much as he re- Mr. DOMENICI. Mr. President, what U.S. SENATE, ceived back to his community in the I understand and what I think hap- Washington, DC, September 20, 1996. form of his activities in charitable pened is that the administration, prin- Hon. FEDERICO PEN˜ A, foundations, such as the Seattle Foun- cipally through the Secretary of the Secretary of Transportation, Department of dation; to the arts, through the Seattle Treasury’s office, made a major error Transportation, Washington, DC. Opera Association and the Arts Com- in calculating the flow of money into DEAR MR. SECRETARY: We are writing re- garding the Department of Transportation’s mission; through sports, as one of the the Highway Transportation Trust decision to use data from the Treasury De- original owners of the Seattle Fund, and that means that the Federal partment that includes a $1.6 billion ac- Seahawks; and in the field of horse rac- money for projects in States like mine counting error in the calculation of highway ing; to his schools, Lakeside and the of New Mexico will drop $20 million—I apportionments for fiscal years 1996 and 1997. S12116 CONGRESSIONAL RECORD — SENATE October 1, 1996 The Department of Transportation’s deci- urgent request. They are in the middle will fix this and give you the money sion to use the data without first correcting of making final decisions which will you lost by the error.’’ the error unfairly disadvantages our states. cost my State a very big percentage of I do not think I can promise that, for Therefore, we are requesting an explanation its highway trust fund, which will cost as to why the Department of Transportation probably by then it will require we put has used this error in its apportionment for- New York $111 million, which will cost a whole bunch of new money in the mulas. At this point in time, it is still not States like New Jersey a very large trust fund or that we allocate some clear why your Department has not been amount of money. extra money because, what about the able to address this issue administratively. Now, I am here because all I want is States that think they can rely upon Attached to this letter is a short list of fairness. I cannot understand nor com- what the Federal Government has told questions which we hope will improve our prehend how the same old formula that them they will get. I submit they understanding. The answers to these ques- is mandatory that they have to use, ought not be relying on it. I hope they tions will be necessary to respond to inquires how it could turn out 1 year later to to- have people keeping tab up here be- from our respective states. We also expect tally change what each State gets, that the answers to these questions will help cause I do not think they can rely on when it has been applied for 4 consecu- us to determine how a similar situation that money because I do not think it is tive years, and we could look at those could be avoided in the future. theirs. I think it was erroneously allo- averages, and nothing like this has The states affected by this error will re- cated through a misapplication of a ceive their apportionments on October 1, happened. formula that is clear and precise and 1996. We, therefore, request a response to this Now, I have come to the Senate be- letter by Wednesday, September 25. Thank cause I urge that the Secretary of applied either the wrong numbers, you for your prompt attention to this mat- Transportation fix this. I do not have wrong receipts—and they had plenty of ter. any hopes that he will. In fact, I do not time to fix it in the executive branch of Sincerely, believe politically that they can. That Government. John H. Chafee, Pete V. Domenici, Max Mr. President, while we are closing Baucus, Jeff Bingaman, Larry Pressler, does not make it right. Joe Biden, Tom Daschle, Alfonse Can you imagine the Secretary of down tonight, I hope the Secretary of D’Amato, Daniel P. Moynihan. Transportation taking this money that the Treasury’s people that are watch- Mr. DOMENICI. We attached to it the I just described away from California, ing, as they probably do from time to fundamental questions to the Sec- after they told them that is what they time, understand this may not be over retary of Transportation regarding this will get—even though it is wrong? Can with. I am urging States to do some- incorrect allocation, this lowering of you imagine the President saying, es- thing about it themselves. I think they some States and increasing of some sentially, through his Transportation might look at whether they have a States, without any change in the na- Secretary, to Texas that they should cause of action against the Federal tional formula, which is the law, and get what is the right number, instead Government. I am urging they take a with an increase in the total amount of what is the wrong number—when look as to whether they can even get we had to spend. they have already been telling them an injunction against the U.S. Govern- The error in the distribution of the how much more they get? I could go on ment for misallocating this money and 1997 funds to all States came about State by State. ask it be held up long enough for them through an error of the Treasury De- I believe it should be fixed. I do not to seek justice within the court sys- partment in calculating the highway think the States which have been ad- tem. That is just my thought. That is trust fund. Then we proceeded to ask versely effected by this should take nobody else’s. I do not hold anybody to several questions. this sitting down. We cannot fix this. it. I also ask unanimous consent the That is the prerogative of the House of I tell you, this error is over $1 billion. questions be printed in the RECORD. Representatives. They did not want to That means, erroneously, States have There being no objection, the mate- fix it. That does not mean it is right, been denied over $1 billion, and it has rial was ordered to be printed in the nor does that add any strength to the been funneled to other States, of the RECORD, as follows: fact that they are wrong. That does not formula that they should have applied, QUESTIONS REGARDING DOT DECISION TO IM- make their numbers right because Con- was voted on up or down, and prevailed PLEMENT HIGHWAY FORMULAS WITH $1.6 BIL- gress did not take action in the waning with a handsome majority when that LION ACCOUNTING ERROR days. That is obvious, as a matter of formula was put in. I happen to know (1) Given the significant implications of law that that is not the case. about that. I was not on the committee the accounting error, did the Department re- Frankly, I hope the States that have quest an ‘‘official’’ correction that could be but I think I know how the formula been denied their fair proportion under came about. In fact, I know how the used in the apportionment formulas? errors in calculations by the Secretary (2) To help gain an understanding of why formula came about 5 years before the error could not be addressed administra- of the Treasury, that were then for- that. It is very similar. warded to Transportation and appar- tively, please provide a copy of decision The point of it is, the formula has memos, legal opinions and other supporting ently are about to be acted upon, that materials and tables that led to the Depart- does not make those right. I believe not been changed, the dollars to be dis- ment’s decision to apportion funds based on States should take a look at it. They tributed are higher, and 28 States get incorrect data. ought to look and see what their rights less. Now, that just does not jibe. It (3) Did the Department consult with the of action are. just does not make for good sense. Office of Management and Budget (OMB) in This is a very, very, big mistake. For Something is awry, amiss, gone wrong, making this decision? Did the 1997 budget some States, it will never be corrected. and I hope it gets fixed. I hope the Sec- baseline for the Department of Transpor- retary of Transportation takes a look. tation assume that the error was corrected? I cannot tell New Mexico—we are a Please describe any OMB policy guidance in small State; $20 million is a small It has taken them about 10 days to an- this area. amount of money, big percentage, one swer the letter. That is pretty unusual. (4) Does the Department have any rec- of the highest percentage of reductions. It has taken 5 days to answer a phone ommendations to avoid a similar situation The State of Rhode Island got a small call where I asked him about this, and in the future? amount but a big reduction. The State he will get back to me. Mr. DOMENICI. Interestingly of Montana, small amount of money, We will see tomorrow, 1 day before enough, we have not heard from the but a big reduction—I cannot tell them we go out, if we get something from Secretary of Transportation. This is an come January, February, March, ‘‘We them. TECHNICAL ASSISTANCE—U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION: COMPARISON OF ESTIMATED FISCAL YEAR 1997 OBLIGATION LIMITATION [In thousands of dollars]

Fiscal year Dollar loss/ State 1996 actual Conference Percent gain

Alabama ...... 270,610 329,746 22 59,136 Alaska ...... 203,994 182,075 ¥11 (21,919) Arizona ...... 196,433 244,013 24 47,580 Arkansas ...... 175,359 205,117 17 29,758 October 1, 1996 CONGRESSIONAL RECORD — SENATE S12117 TECHNICAL ASSISTANCE—U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION: COMPARISON OF ESTIMATED FISCAL YEAR 1997 OBLIGATION LIMITATION— Continued [In thousands of dollars]

Fiscal year Dollar loss/ State 1996 actual Conference Percent gain

California ...... 1,406,489 1,528,545 9 122,056 Colorado ...... 199,342 198,171 ¥1 (1,171) Connecticut ...... 353,689 316,202 ¥11 (37,487) Delaware ...... 77,484 69,282 ¥11 (8,202) District of Columbia ...... 78,920 73,582 ¥7 (5,338) Florida ...... 598,880 711,991 19 113,111 Georgia ...... 403,493 526,148 30 122,655 Hawaii ...... 121,729 108,983 ¥10 (12,746) Idaho ...... 105,691 98,510 ¥7 (7,181) Illinois ...... 660,503 589,620 ¥11 (70,883) Indiana ...... 341,554 390,495 14 48,941 Iowa ...... 197,960 177,316 ¥10 (20,644) Kansas ...... 205,052 183,204 ¥11 (21,848) Kentucky ...... 225,745 286,319 27 60,574 Louisiana ...... 235,699 265,287 13 29,588 Maine ...... 91,559 84,182 ¥8 (7,377) Maryland ...... 265,587 262,322 ¥1 (3,265) Massachusetts ...... 690,634 617,531 ¥11 (73,103) Michigan ...... 467,061 491,589 5 24,528 Minnesota ...... 252,289 219,855 ¥13 (32,434) Mississippi ...... 183,481 203,112 11 19,631 Missouri ...... 356,657 402,267 13 45,610 Montana ...... 154,849 133,659 ¥14 (21,190) Nebraska ...... 139,084 124,262 ¥11 (14,822) Nevada ...... 104,575 105,029 0 454 New Hampshire ...... 85,554 76,434 ¥11 (9,120) New Jersey ...... 478,929 434,884 ¥9 (44,045) New Mexico ...... 169,082 149,360 ¥12 (19,722) New York ...... 1,044,890 933,790 ¥11 (111,100) North Carolina ...... 399,218 446,693 12 47,475 North Dakota ...... 102,064 91,086 ¥11 (10,978) Ohio ...... 594,508 575,591 ¥3 (18,917) Oklahoma ...... 227,795 258,883 14 31,088 Oregon ...... 202,782 204,437 1 1,655 Pennsylvania ...... 660,889 671,171 2 10,282 Rhode Island ...... 85,850 71,582 ¥17 (14,268) South Carolina ...... 211,129 263,985 25 52,856 South Dakota ...... 111,380 99,417 ¥11 (11,963) Tennessee ...... 325,654 371,667 14 46,013 Texas ...... 984,970 1,167,763 19 182,793 Utah ...... 125,684 121,489 ¥3 (4,195) Vermont ...... 78,511 70,155 ¥11 (8,356) Virginia ...... 341,432 393,580 15 52,148 Washington ...... 324,150 291,059 ¥10 (33,091) West Virginia ...... 158,810 141,509 ¥11 (17,301) Wisconsin ...... 291,760 296,896 2 5,136 Wyoming ...... 111,281 99,388 ¥11 (11,893) Puerto Rico ...... 76,122 73,648 ¥3 (2,474) Subtotal ...... 15,956,846 16,432,881 Administration ...... 529,843 521,119 Federal lands ...... 416,000 426,000 Reserve ...... 647,311 620,000 Total ...... 17,550,000 18,000,000

Estimated apportionments provided by HPP–21.

I yield the floor. some disappointment in the final prod- We have included $174.5 million for I suggest the absence of a quorum. uct. However, as a member of the Ap- the Juvenile Justice and Delinquency The PRESIDING OFFICER. The propriations Committee, I worked hard Prevention Program and $560 million clerk will call the roll. to see that many programs that are for the Byrne Memorial Grant Program The bill clerk proceeded to call the important to Nebraskans and this Na- which is important and insightful. If roll. tion were addressed. we can stop juveniles from turning to Mr. DOMENICI. Mr. President, I ask Let me highlight some of these pro- crime, I believe we have a chance at de- unanimous consent that the order for grams. creasing the need for courthouses, in- the quorum call be rescinded. COMMERCE-JUSTICE-STATE carceration, and prison construction. The PRESIDING OFFICER. Without I have long supported the National The potential benefit is well worth the objection, it is so ordered. Telecommunication Administration’s investment. f Telecommunications and Information INTERIOR Infrastructure Assistance Program. MORNING BUSINESS I am pleased to see that the bill in- Last year I led the effort on the floor cludes funding for one of my top prior- (During today’s session of the Sen- to include $21.5 million for TIIAP and ities, Back to the River. This project is ate, the following morning business I’m pleased to see that amount in fiscal a collaborative effort to create a rec- was transacted.) year 1997 funding. This is especially im- reational, ecological, and cultural cor- f portant when considering the Senate ridor along the Missouri River in the Commerce-Justice-State Subcommit- Omaha/Council Bluffs region. The THE 1997 OMNIBUS tee began the process with zero funding project encompasses 64 river miles and APPROPRIATIONS BILL for this important program. People has been ongoing for the last 2 years. It Mr. KERREY. Mr. President, al- sometimes ask why we need this pro- has the support of several public and though I am thoroughly disappointed gram when there is so much going on private agencies. The Back to the in the process we endured to reach in the telecommunications industry. River project will benefit Nebraska and agreement on the fiscal year 1997 omni- We need it to help our rural areas share the Nation by providing habitat res- bus appropriations bill, H.R. 4278—I am fully in the promise of networking and toration, floodplain management, pleased with the content of the bill. It telecommunications. We need it to recreation and river access, economic is a huge package, so I am sure we will help our nonprofit sector participate. benefits, cultural resources and envi- not know its full impact until weeks— We need it to encourage the imagina- ronmental education. The National possibly months—into this fiscal year. tive and sometime high-risk dem- Park Service and Fish and Wildlife It would be difficult to put a package onstrations of what can be done with Service have both been involved in this like this together without there being the technology. project. S12118 CONGRESSIONAL RECORD — SENATE October 1, 1996 The omnibus bill funds the National Increasingly, concern exists among al Service as well as the Department of Endowment for the Humanities at the both students and their parents regard- Interior were partially considered, but current level, which is higher than ei- ing escalating college costs. We are never finished. ther the House or Senate number in providing increased funding which will Indeed, Members of this body—from the original Interior appropriations allow 3.8 million students to receive both sides of the aisle—were denied the bill. NEH programs provide vital sup- aid while also increasing the maximum opportunity to offer pertinent, impor- port to scholarship, education, and award level to $2,700, a $230 increase. tant amendments to these funding bills public programs in history, literature, For fiscal year 1997, a total of $7.6 bil- or to be heard simply because the proc- and other aspects of the humanities. lion will be available for student finan- ess of debate and discussion was Support for our State humanities coun- cial assistance—$1.3 billion above the brought to an abrupt end and replaced cils is particularly important because previous year’s appropriations. with back-room negotiations. Mr. it is these generally small offices in Job training efforts will also benefit President, this is not the way policy each State that expand access to the from increased funding levels. I am es- should be made. humanities and that allows for a focus pecially pleased to see Summer Youth Last year we needed to pass several on local history, local literature, and Employment and Training funded at continuing resolutions—temporary local culture. They serve the very im- $871 million. This program provides funding measures—before we finally portant function of helping us under- vital funding for youth summer jobs. came to an agreement on spending lev- stand who and what we are. I am also pleased to see that the els for fiscal year 1996. We did not fin- The bill also funds the National En- Health Careers Opportunity Program ish our appropriations work until April dowment for the Arts at its current was funded at $26.8 million—an in- of this year. And that came after hav- level. NEA programs support our many crease of nearly $3 million over fiscal ing to shut the Government down three performing arts’ companies throughout year 1996. This award goes to medical times, which resulted in the additional the United States and our museums schools and other medical professional expenditure of taxpayer dollars. and also help fund the State arts coun- training programs that recruit and When faced with explaining why the cils. train minority and disadvantaged stu- Government spends hard-earned tax- In both instances I wish we had been dents. payer dollars on any program or able to provide additional funding but TREASURY-POSTAL project, I believe that it must be able there will be an opportunity to revisit We were able to include funding, to pass the coffee shop test. That is to these programs next year. which the House had rescinded, for the say, it must be defendable in a coffee LABOR-HHS National Archives for an on-line, inter- shop in Fremont, North Platte, or I am pleased about the increase in active data base available via the O’Neill, NE, or any small town in the funding over the House and Senate lev- World Wide Web. It provides unprece- United States. After all it is their els for educational technology. I share dented access to the National Archives’ money we are spending. So at the very some of the conferees’ concerns over vast holdings. The National Archives least, we as elected officials owe it to the educational technology program holds a rich and priceless resource the people we represent to openly de- and believe that increased efforts must that, until now, has had limited access bate the merits of Government spend- be undertaken to insure that tech- for a relatively small number of people. ing on the Senate floor. nology advances learning and curricu- I feel strongly that information held by I thought the Republican leadership lum goals and that we understand how government at all levels should become had learned the lesson last year that technology contributes to improved more accessible and usable by the aver- getting our work done as legislators student performance. Over the years, age American citizen. The treasures and representatives was the most im- we have come to understand that stu- maintained by the National Archives portant matter—not individual or po- dents’ learning patterns may vary should be accessible to all Americans— litical glory. And while this year we widely; technology offers us the oppor- not just researchers who reside near are not in the same situation of having tunity to consider and to respond to College Park, MD, or those individuals a temporary funding measure—and a the various ways in which an individ- who can afford a trip to Washington, Government shutdown has been avoid- ual learns. DC or those who are fortunate to have ed—things are not that much different. Of vital importance to Nebraska is a Federal archives facility located in I truly believe the American people the Impact Aid Program. Our commit- their State. have been shortchanged again. ment to militarily impacted and Na- The increase of methamphetamine Yes, I am glad the task is complete. tive American districts is a Federal ob- use in the Midwest is a serious prob- And I am pleased, for the most part, ligation; in fact, by shirking our re- lem. I am pleased to see that this bill with what I know is included in this sponsibility to these districts, we cre- includes $8 million to designate the funding legislation. But, Mr. President, ate yet another unfunded Federal man- Midwest States of Nebraska, Iowa, Mis- I am concerned that the process—and date. For fiscal year 1997, we were able souri, South Dakota, and Kansas as a perhaps this institution—has been to increase funding by $37 million over high-intensity drug trafficking area slightly diminished. Diminished be- fiscal year 1996 to $730 million for Im- [HIDTA]. This designation will provide cause the appearance and the reality is pact Aid districts, including additional added law enforcement resources to that our duty as legislators—and the funding for our heavily impacted, sec- these Midwest States and will allow interests of the American people—took tion F districts, such as Bellevue. law enforcement officials in these a backseat to the interests of cam- Equally important, this year’s appro- states to conduct a coordinated track- paigning for reelection. During a time priations bill includes increased fund- ing and enforcement effort. when we face an increasingly skeptical ing for the title I and Safe and Drug- Mr. President, let me restate my dis- electorate, we can ill afford to con- Free Schools programs, both of which appointment in the process that ac- tinue this trend. have proven to be successful programs companied this spending bill. I firmly f here in Nebraska for the benefit of our believe that every program and project students. Title I for disadvantaged stu- that is funded with taxpayer dollars de- OMNIBUS CONSOLIDATED dents receives a $470 million increase serves the full scrutiny of all Ameri- APPROPRIATIONS BILL over fiscal year 1996 which brings the cans, and should not be conducted in Mrs. FRAHM. Mr. President, I want total for fiscal year 1997 to $7.7 billion. back-room negotiations. Two of the to take just a moment to explain my This will enable us to serve nearly a bills included in this package—those vote in opposition to the omnibus con- half million more children. Safe and funding the Departments of Labor, solidated appropriations bill. To me, Drug Free Schools—a program for Health and Human Services and Edu- the title of this bill goes a long way in which I have heard many accolades cation and the Departments of Com- explaining why I am skeptical about from Nebraska educators and adminis- merce, Justice and State—were never its content. When Congress delivers an trators—receives an additional $90 mil- considered on the Senate floor. Fur- omnibus spending bill, taxpayers lion over 1996 funding, for a total of ther, funding legislation for the De- should grab for their wallet. I wish to $556 million. partment of the Treasury and the Post- commend the tremendous effort of October 1, 1996 CONGRESSIONAL RECORD — SENATE S12119

Chairman HATFIELD to bring together a TRIBUTE TO SENATOR know that I am not alone in this as- bill that would satisfy the priorities of KASSEBAUM sessment. Everyone in this Chamber all of those involved. Indeed the chair- Mr. PELL. Mr. President, I have had knows that is the way it is with this man has been extremely generous to the honor and privilege of serving with gentlewoman from Kansas. my State of Kansas. But I must protest Senator KASSEBAUM on both the Com- While I also will not be here next a process and a final product that abdi- mittee on Foreign Relations and the year, I know for sure that this body cates Congress’ responsibilities to Committee on Labor and Human Re- will not be the same without her prin- unselected officials who have no con- sources and, I must say, that service cipled and sensible approach to public stitutional role in the power of the together has always been, for me, a policy. She will be sorely missed. purse; a role relegated by Constitution pleasure. f solely to the Congress. I am speaking Senator KASSEBAUM has served on of President Clinton’s Chief of Staff the Labor Committee from the 101st TRIBUTE TO SENATOR PRYOR who sat in, with veto power over the through the 104th Congress. In the 101st Mr. PELL. Mr. President, the depar- deliberations of the house and Senate and the 102d she served as the ranking ture of our dear friend the junior sen- conferees. member of the Subcommittee on Edu- ator from Arkansas [Mr. PRYOR] from I am at a loss to explain why those cation, Arts, and Humanities. During the Senate will leave a void that will who maintain such an abiding commit- that period, we worked most closely be hard to fill. His special qualities of ment to reforming Congress and to cut- and successfully together on matters modesty and quiet accomplishment are ting wasteful spending have cast their such as the reauthorization of the Carl all too rare. I have always greatly ap- vote in support for this bill. If nothing Perkins Vocational Education Act in preciated his decency and courtesy and else this bill represents business as 1990, Library Services and Construction his true sense of compassion. He epito- usual. It is 16 pounds, 2,000 pages, and in 1990, and the Higher Education Act mizes the sense of comity and civility has no accompanying report, making it in 1992. We worked in the strong bipar- which to my mind should pervade the impossible to determine exactly where tisan fashion that has traditionally body politic. the money is going. Eight billion to been the hallmark of the subcommit- I wish for the sake of the Senate and jump start the war on drugs is just one tee. the Nation that Senator PRYOR could example. What does that mean? To In the 103d Congress Senator KASSE- stay longer. But he leaves now with the what programs will that large sum be BAUM became the ranking member of fullest possible measure of respect and directed? It sounds like a positive the full Labor Committee, and we con- affection of his colleagues. I wish all tinued to work closely together on move, but it has no accountability. We the best for DAVID and Barbara Pryor shouldn’t be making political state- such important matters as Goals 2000 in the years ahead, and want them to ments of that magnitude with the tax- and the reauthorization of the Elemen- know that they will always have my payers’ money. As I have noted, this tary and Secondary Education Act in warmest friendship and admiration. 1994. bill represents a total abdication of our f constitutional responsibility. In short, Most recently, I have been proud to it is a cop-out in our responsibility to work with her in her present capacity TRIBUTE TO SENATOR NUNN the taxpayer. as chairman of the Labor Committee in this, the 104th Congress. Her Workforce Mr. PELL. Mr. President, we who I do not favor another Government Development Act provided a much- have the privilege of serving in this shutdown. As Lieutenant Governor and needed overhaul and consolidation of body soon find that we may not always secretary of administration with re- our job training programs, and it also be in agreement with friends and col- sponsibility for the State employees of contained a series of very strong and leagues for whom we have high regard. my State of Kansas, we were forced to positive vocational and adult edu- The senior Senator from Georgia (Mr. furlough workers from their jobs, cation provisions. I supported the legis- NUNN) is such a colleague. I have al- through no fault of their own because lation both in committee and on the ways found him to be a man of singular the President wanted to make political Senate floor, and regret very much ability, rectitude and decency. He hay. Sadly, it was the Congress that re- that the Senate bill did not prevail. came here as a youthful successor to a ceived the blame. It seems that in Similarly, Mr. President, we served legendary predecessor, Senator Richard Washington, if you lose the battle of together since the 97th Congress on the B. Russell, and quickly established the spin control, good policy and good Committee on Foreign Relations. himself as a serious and studious Mem- Government don’t matter. So cowed by There, to my enormous regret, the tra- ber who could and did thoroughly mas- the specter of another Government dition of bipartisanship is not quite as ter the intricacies of national defense shutdown are Members of Congress well entrenched, but partisan conflicts policy. that the political courage to get our were never caused by Senator KASSE- Senator NUNN’s term of service coin- job done, to make the tough calls and BAUM. She always conducted herself in cided with the last two decades of the to provide a responsible spending pack- the most rational, informed and mod- cold war, and he leaves his mark as one age evaporated with the hint of mis- erate fashion. of the architects of U.S. defense policy directed public ire. Spin has once again I would add that, in her years on the during that trying epoch. I sometimes won over responsible policy. committee, she developed a remarkable found myself in disagreement with his Senator after Senator has come to expertise regarding the continent and emphasis on large defense budgets, this Chamber to express their concern the countries of Africa and an accom- since I was primarily committed to the over the process that cobbled this bill panying—and admirable—dedication to cause of arms control and restraint in together. The pork and largess in- the often neglected peoples of that con- the nuclear arms race. History seems cluded have been decried. But I don’t tinent. During those years she traveled to have demonstrated that it took a see much willingness to confront the often to Africa, came to know its geog- balance of the two views we rep- problem and fix it. That is what trou- raphy, and developed relationships resented to assure our national sur- bles me. This is not a good bill and with its political and business leaders. vival. Members know it. They have said so. I I think it is fair to say that she was Senator NUNN and I not only shared a am saying so. unrivaled as the Senate’s expert on Af- common preoccupation with the major When I came to the U.S. Senate I rica and African issues. international issues of the time, but we pledged to the people of Kansas that I In the years we have worked together brought to the task one very basic was prepared to make the tough calls. on both committees, I can say without common thread of experience which From my first vote, a vote to balance question that Nancy KASSEBAUM has may have colored our responses, and the budget and get the country’s finan- always been thoughtful, considerate, that was the fact that we were among cial house in order, I have been com- and gracious. I can also say that she is the few members of the Senate who had mitted to that pledge. So it is in keep- tenacious and determined. But most of served in the U.S. Coast Guard. I ing with my pledge that I cast my vote all, she brings all of those traits to- served as an enlisted man on convoy against this bill. gether in the most marvelous way. I duty in the North Atlantic in World S12120 CONGRESSIONAL RECORD — SENATE October 1, 1996

War II and SAM NUNN enlisted as a sea- the atomic blast destroyed that city in not be another MARK HATFIELD, how- man some 20 years later when the 1945. I was in the North Atlantic in ever. The nation should be thankful world faced other stresses. Coast Guard escort duty during World that it has been blessed with Senator SAM NUNN leaves the Senate at a rel- War II, and I know some of the emo- HATFIELD’s service. atively early age with a solid record of tions MARK HATFIELD’s experiences f accomplishment. I wish him well in the must have stirred in him and the feel- TRIBUTE TO SENATOR SIMON years ahead. ings that remain after. I can tell you f that, if you have seen combat, it is Mr. PELL. Mr. President, I first met quite possible for you to become zeal- the senior Senator from Illinois [Mr. TRIBUTE TO SENATOR HATFIELD ous in your desire to find solutions SIMON] some 40 years ago in Moscow Mr. PELL. Mr. President, as my own other than war and other than military when we found ourselves sitting next time in the Senate draws to a close, I buildups to the problems you face. to each other at the Bolshoi Ballet. find myself reflecting on those people Among other things, having seen com- Little did we ever think that our paths and events that I will remember al- bat, you do not want to capriciously would intertwine so closely in the ways. subject your children or anyone else’s years that were to follow. A man who holds a unique place in children or loved ones, to the horrors After PAUL came to the House of my regard and that of many others in of war. Representatives in 1974, we found our- the Senate is the senior Senator from The needless and pointless sacrifices selves in close collaboration in advanc- Oregon (Mr. HATFIELD). He came to the of some conflicts, such as Vietnam, ing the cause of education. We worked Senate in 1967, 6 years after I did, and weighs heavily if you are in the posi- together on a myriad of education is- he has become a Senator known for his tion of participating in important na- sues when he was chairman of the intelligence, acuity, grace, and for love tional decisions, as MARK HATFIELD has House Subcommittee on Postsecondary of his State and country. been. Education. When he came to the Sen- The State of Oregon has a fine herit- Senator HATFIELD has spoken to us ate more than a decade ago, he joined age. Mr. HATFIELD has a number of dis- all on the floor with great eloquence me on the Education Subcommittee tinguished predecessors. A fellow Ore- over time about the value of arms con- and we have worked even more closely gonian, Senator Wayne Morse, voted in trol and of the importance of peace to together on education issues since. 1964 against the Gulf of Tonkin Resolu- all Americans. In 1990, he told the Sen- There is no Member of either House tion that provided the congressional ate: whose opinion on education issues I re- blessing for what later became the Peace is not the town in Pennsylvania spect more. PAUL SIMON is the person Vietnam War. which last year was forced to cancel its high we turn to for guidance on the subjects MARK HATFIELD was not in the Sen- school graduation because officials believed of literacy and adult education. His is ate at that time. He was then Governor that a group of students planned to commit the counsel I have valued most in high- of Oregon. But in 1965 MARK HATFIELD suicide at the ceremony. And peace is not er education, on issues such as TRIO, cast the only vote at the National Gov- here in Washington—where after leading the institutional aid, international edu- ernor’s Conference in opposition to a Nation in murders last year, children are be- cation, graduate education, foreign resolution supporting President John- ginning to show the same psychological language instruction, and student aid. trauma as children in Belfast, Northern Ire- son’s Vietnam war policy. land. Even when we disagreed, as we did on He has taken other principled and Can we really believe that the decisions we direct loans, I listened to what PAUL unpopular positions over time. In 1981 have made—and are making—do not have a SIMON said, and I have had a deep and he joined with my friend, the senior direct relationship to the violence which abiding respect for his advocacy of that senator from Massachusetts (Mr. KEN- plagues our Nation? cause. While I have normally deferred NEDY) in spearheading the Senate cam- I suggest that we consider changing the to PAUL on library issues, I must can- paign for a nuclear freeze. motto on our coins. Mr. President, It now didly admit that the opinion of Jean, reads: In God We Trust—but by blindly pur- He has been a constant advocate of PAUL’s wonderfully talented wife, car- suing the nuclear arms race, by putting the restraint in the nuclear arms race, lim- destruction of life over the preservation of ried equal weight on those matters. its on defense spending, an end to nu- life, we have foresaken our trust in God. We During PAUL’s first term in the Sen- clear testing and a code of conduct in have shaken our fist at God—as E.B. White ate, our paths were to become further international arms transfers. once put it, we have stolen God’s stuff. Our intertwined when he became a member Some of Senator HATFIELD’s efforts motto ought to be: In Bombs We Trust. That of the Foreign Relations Committee. such as the Nuclear Freeze in the 1980’s is our national ethic—that is the example we During his 8 years as a member of the or the effort in the last several years to are setting—here, on this floor. committee he brought to its work the enact the code of conduct on arms In a time when too many opinions energy, creativity, and intellectual ca- transfers have not come to fruition. are formed on the basis of the latest pacity which are his hallmarks. Much Other endeavors, such as his effort to polling results, it is good to have of that time he was chairman of the bring about a comprehensive test ban among us a Senator like MARK HAT- Subcommittee on Africa and he was have been smashing successes. It was FIELD who moves unswervingly ahead tireless and eloquent in urging the Senator HATFIELD’s own initiative in toward what he perceives on the basis committee’s attention to the plight of 1992 as ranking minority member of of his intelligence and experience to be that often neglected continent. the Committee on Appropriations that the best course for the Nation and to PAUL SIMON is very much an inter- led to the U.S. moratorium on nuclear continue the avid pursuit of what he nationalist and he made important testing and led to the eventual ending sees as truly best for all of the people contributions in such areas as human of testing by all the nuclear powers and of America. rights, arms control, and foreign as- the completion this summer of a Com- In his 30 years in the Senate MARK sistance. I deeply appreciate having prehensive Test Ban Treaty. HATFIELD has tried time and again to him as an ally in the efforts to reinvig- Like John the Baptist, MARK HAT- do what is right. He has been willing to orate the Arms Control and Disar- FIELD has often been a voice crying in live with defeat, but he has been stead- mament Administration and to re- the wilderness. It is not however a role fast in his willingness to try and try strain the proliferation of weapons of in life he has regretted. He has felt ob- again, so long as a chance at victory is mass destruction. He was a true stal- ligated to speak his convictions and to in sight. wart. let his judgments be known throughout Mr. President, I am sure that the Finally, Mr. President, he brought his Senate career. voters of Oregon, of Rhode Island, and his passion for the teaching of foreign Mr. President, as a naval lieutenant of other States will do their best to languages to the field of foreign policy. (j.g.) in the Navy, MARK HATFIELD com- make good choices in the next election. He consistently pressed the State De- manded landing craft in some of the We will be replaced by people with dif- partment to broaden its foreign lan- bloodiest battles World War II in the ferent skills and capabilities, and guage capabilities and every State De- Pacific. He was one of the first mili- many of them will have distinguished partment nominee knew that, during a tary officers to enter Hiroshima after careers here in the Senate. There will nomination hearing, Senator SIMON October 1, 1996 CONGRESSIONAL RECORD — SENATE S12121 was likely to grill him or her on how cipally been known as the prince of mired his independence, dedication to fluent they were in the language of the corporate pork—serving Fortune 500 his fellow Nebraskans, and his sense of country to which they had been as- companies. humor. signed. Alas, too often Senator SIMON This is $40 million more for D.C. As a small businessman, he brought learned that the fluency was minimal, schools, even though they spend $9,000 an important perspective to our consid- but he never ceased to press the De- per student, more than any other city eration of legislation; and as a former partment to improve. in the United States. Governor, he never forgot about the Throughout the period we have And, $196 million for Howard Univer- important role of State governments. worked together, I have never failed to sity in the District of Columbia, $4 bil- On matters ranging from the budget be impressed by the depth of PAUL’s lion more for the Department of Edu- to agriculture, in the minority or in knowledge, the quiet deliberation with cation, $82 million for the National En- the majority, he demonstrated amazing which he pursued his goals, the dowment of the Arts, $1.6 million for technical expertise as well as skillful strength of his convictions, and per- the Kennedy Center, money for a new and fair handling of debate. haps most important, the wisdom of defense program called Security at I will miss Senator EXON and wish his counsel. I can think of no more de- International Sporting Events, $9 mil- him the best in all his future plans. cent and dedicated public servant. lion for 100 percent guaranteed inter- NANCY KASSEBAUM f national housing loans, $1.9 million for I want to congratulate our colleague supervision of the Teamsters election, from Kansas, NANCY KASSEBAUM, for OMNIBUS APPROPRIATIONS $27 million for debt restructuring with her adroit and amicable leadership of Mr. FAIRCLOTH. Mr. President, yes- Latin America countries, $19 million the Senate Labor and Human Re- terday, I was 1 of only 15 Senators to for the International Fund for Ireland, sources Committee. vote against the omnibus spending bill. $5 million for the victims of Chernobyl, As one who has ‘‘been there, done Mr. President, I deplore the process and the creation of a new Middle East that,’’ I can say with authority that by which this bill was created. Development Bank in which we author- she has led the committee expertly and Mr. President, when the Republicans ize over $1 billion to be spent. fairly; and she surely deserves our com- took over the Congress—the Democrats Mr. President, can we really afford mendation for delivering landmark were spending about $503 billion on do- this kind of spending. If we can’t stop health insurance reform legislation as mestic programs. Last year, after hold- it where is it going to stop. This is the well as so many other important meas- ing firm on principle we cut that to reason why I voted against this bill. ures in public health and education. $488 billion. Now that number is back Now, Mr. President, I am grateful for And, no matter what side of a conten- up to $503 billion. the funding for Hurricane Fran in my tious labor issue one happens to be on, Because we already have a $5 trillion State. This money will be helpful to every Senator should admire the cour- debt, the billions in new spending rep- that State, but my concern was that in age with which Senator KASSEBAUM resent a new 30-year obligation for our order to vote for that funding—so tackled issues in labor and employ- citizens. This is an obligation that we much waste was attached to the bill— ment policy. cannot afford. that on balance North Carolinians I know that NANCY is devoted to her Next year, we will have to cut $10 bil- would be worse off for it. family, and I can well appreciate that lion to get back on track and keep our Mr. President, finally, I am dis- her future occupation is reported to be commitments under the 1997 budget appointed with the results of the ille- that of grandmother. It may be the resolution. The budget resolution was gal immigration bill. only calling higher than leading public the blueprint by which we would Once again, the President campaigns policy in some of the key and most achieve a balanced budget in 7 years by like a moderate, but those are not the pressing domestic and foreign policy is- the year 2002. We have already changed policies he advocates in Washington. sues. But, perhaps she will be training the plan and this is just year one. How can we stop illegal immigration the next generation of Landons to fol- There were supposed to be offsets to if we continue to provide benefits to low her example of distinguished public this new spending. But they were those that come here illegally. service. phony offsets. The President has essentially forced CLAIBORNE PELL The so-called refinancing of the sav- ever school district in this country to The Senate will indeed be a very dif- ings insurance fund for the S&L prob- educate, at taxpayers expense, children ferent place as we say goodbye to our lems is really coming from the banking of parents who are in this country ille- third most senior Member, the senior industry. That money is to be used in a gally. What kind of respect for the law Senator from Rhode Island, CLAIBORNE separate fund in case of future S&L does this demonstrate. PELL. Senator PELL has served the failures. But the Congress has decided Mr. President, this Congress has State of Rhode Island and our country that we should use it to offset more made great progress on many issues. extraordinarily well for over 35 years. spending. We fell just one vote short of getting a While Senator PELL has put his in- We cut the defense budget further. constitutional amendment to balance delible mark on foreign policy as a Yet, the defense budget, in real dollars, the budget. We made great strides in long-time chairman and ranking mem- has been cut in half since 1984. cutting spending. But in the wee hours ber of the Foreign Relations Commit- While the President says on the cam- of the morning this weekend, we had to tee, it was through our common mem- paign trail that he is not a liberal his give the President what he wanted or bership on the Labor and Human Re- aides were back here in Washington else he, not us, would have shut the sources Committee that I know him forcing us to spend more money on Government down. best. more liberal programs, cutting defense, This is a shame, but next year the Senator PELL will long be remem- and using accounting gimmicks to jus- process will start again, and we have to bered for helping millions of young tify all of this. be dedicated to reducing this debt on people achieve success by making a This kind of game has gone on for too the American people by reducing the college education more accessible long, and it has to stop. kinds of waste that we approved yes- through the grant program which bears If we care so much for the children, terday. his name. He has helped more people why don’t we leave them a country Thank you Mr. President, I yield the gain access to the arts and cultural en- that is less in debt, not more in debt. floor. richment programs by sponsoring the The wasteful spending that is littered f law establishing the National Endow- throughout this bill is truly astound- ments for the Arts and Humanities. FAREWELL TO RETIRING ing. More foreign aid spending. Over It is hard to name a single education COLLEAGUES $200 million for the United Nations, a initiative that he has not been instru- bloated, wasteful bureaucracy. Over JIM EXON mental in enacting. $200 million for the Advance Tech- Mr. HATCH. Mr. President, it has And, I might add, Mr. President, that nology Program in the Commerce De- been a real pleasure serving with JIM Senator PELL’s unfailing sense of civil- partment—this program has prin- EXON in the Senate. I have always ad- ity and decorum, his insistence on fair S12122 CONGRESSIONAL RECORD — SENATE October 1, 1996 debate, and his staunch adherence to central government, it would have been mate, and the challenges of seemingly agreements honorably entered into easy for Senator SIMON to ignore the intractable budget issues. What is ad- were without a doubt a major reason problem of growing national debt. But mirable about Senator COHEN is that he that so many education initiatives he did not. I have rarely seen a Senator never became a naysayer of govern- were not only enacted into law, but work harder on a piece of legislation. ment: Senator COHEN believes that were enacted with strong bipartisan Senator SIMON is going to pursue one members are elected to government to support. of his first loves—teaching—at South- find solutions, not to denounce the in- I join my colleagues in expressing all ern Illinois University. His students’ stitutions they serve. Senator COHEN best wishes to Senator PELL and his gain is the Senate’s loss. believes in good government, because family. HANK BROWN Senator COHEN practiced good govern- MARK HATFIELD The election of HANK BROWN in 1990 ment. The Senator from Oregon has was a great day for Colorado and for This is the type of attitude that brought a level of service and integrity the Senate. The West had in HANK serves not only the best interests of to the Senate, this country, and his BROWN an energetic and diligent voice government, but presents the most State that can be compared to few. for balance and common sense. positive aspect of government to an in- As chairman and ranking member of No Senator was ever able to put any- creasingly disillusioned public. Senator the Appropriations Committee, he has thing past him—he was always pre- COHEN embodies this character, and by at once one of the most powerful posi- pared. He was always an articulate and doing so upheld the dignity of the U.S. tions in Congress and one of the most forceful advocate for his position and Senate. thankless. On the one hand, he has always amicable in his approach. Senator COHEN has a long profes- used his prerogatives to advance public sional life before him. I know he will HOWELL HEFLIN policy, not personal gain; on the other continue to serve the people of Maine Mr. President, it is hard to imagine hand, he has tirelessly struggled to while promoting free trade with that the Judiciary Committee convening in fairly and effectively reduce Federal great State and the nations of Asia. By the 105th Congress without the Judge. spending. Senator HATFIELD has always doing so, he will continue to promote The discerning chairman and ranking been able to rise above the pull and tug the positive-sum solutions that he will member of the Courts Subcommittee, of competing interests to craft biparti- be known for finding while serving this Senator HEFLIN has been a vigilant de- san and fair appropriations bills. body. And, perhaps if we are lucky, fender of the third branch of our Gov- I will remember Senator HATFIELD there will also be another book or two ernment. for many things—his intelligence, his from the Senate’s most celebrated au- As a former jurist, he has approached spirit, his character, his willingness to thor. put aside partisan politics to achieve the committee’s work with temperance and a strong respect for the Constitu- BENNETT JOHNSTON essential goals, and, of course, his Mr. President, I rise to pay tribute to tion. His deliberative nature is dem- friendship. my good friend from Louisiana, J. BEN- onstrated by the fact that often no one Despite our common objectives on a NETT JOHNSTON, who will retire once on either side of an issue knew how number of important issues, such as the curtain is drawn on the 104th Con- Senator HEFLIN would vote. balancing the budget, abortion, and gress. Once again, I want to extend my ap- balanced land use policy, we have not Senator JOHNSTON has proven to be a agreed on every matter. But, what I preciation to him for his hard work to- stabilizing and reasonable voice on the will remember is the deep personal ward passage of the flag protection many critical issues that have come amendment. We could not have come conviction that Senator HATFIELD before the Senate Energy and Natural brought to all that he did. as close as we did without his enthu- Resources Committee, where he has It is a sad day for us to lose his expe- siastic support. served for 24 years, 16 of them in a rience, knowledge, and character in BILL COHEN leadership capacity as either chairman this body. He will be sorely missed by Mr. President, I wish to honor the or ranking member. Every piece of leg- me, the Senate, the State of Oregon, service of one of this body’s most re- islation or proposal that has been con- and, I believe, the country as a whole. spected members, the senior Senator sidered by that committee during this PAUL SIMON from Maine, Senator WILLIAM COHEN. I time has reflected his knowledge on en- Mr. President, it was my pleasure to regret that our youthful colleague has ergy matters and represented his fine participate in the ‘‘bow tie’’ tribute to decided not to run again. He has served and exemplary legislative skills. the retiring senior senator from Illi- the people of Maine well, and I believe For example, he was a primary factor nois, PAUL SIMON. I want to thank him they were prepared to reelect him for in the dismantling of the price control for his 12 years of contributions to the his fourth term in November. Our col- structure of petroleum during the Labor Committee, which overlapped league has chosen, instead, to engage 1980’s. This case alone shows the com- with my tenure as chairman and rank- his substantial talents in other pur- monsense approach he has undertaken ing member, as well as his decade of suits, pursuits I am sure will serve his over the years to address our Nation’s service on the Judiciary Committee. home State and this country. energy policies. In addition, he has Senator SIMON was, among other Those who study the careers of the shown very progressive leadership and things, a champion of literacy pro- Members of the Senate will know that insight on regulatory matters involv- grams to assist individuals and fami- Senator COHEN has demonstrated an ing the Federal Energy Regulatory lies achieve their full potential. PAUL analytical mind, a determination to Commission. SIMON knew that learning and personal the search for solutions, an intolerance We Utahns owe Senator JOHNSTON a fulfillment comes from walking for negativity, a commitment to civil- debt of gratitude for his understanding through open doors—doors that exist in ity in government, and an appreciation and attention to energy and natural re- the written word. Without the key to for public service in its best sense. source issues critical to our State, in- unlock the door, people can become I had the pleasure of working with cluding the Central Utah Project, graz- prisoners not just to welfare, but also the senior Senator from Maine on a ing and mining reforms, Payments-In- to an extremely small universe of pos- number of committees, including the Lieu-of-Taxes, and our school trust sibilities. I, for one, will remember Judiciary Committee. As chairman of lands. While BENNETT may not have Senator SIMON’s tireless advocacy of the Intelligence Committee, it was al- hailed from the West, we have appre- literacy efforts—a passion he held in ways very clear that he took his re- ciated his sensitivity to Federal initia- common with our former First Lady, sponsibilities extremely seriously. He tives that particularly affect the West. Barbara Bush. was a master of detail; and, for his Throughout his tenure on the Energy But, I will also remember the politi- work, the intelligence community owes and Natural Resources Committee, he cal courage and dedication PAUL SIMON him a great debt. has always said that if a State’s two demonstrated in our fight to pass a bal- We know the Senator has spoken in Senators supported a specific proposal anced budget amendment to the Con- the past several months about the dif- that affected their State, he would not stitution. As a believer in a strong ficulties of the current political cli- stand in the way to its becoming law. October 1, 1996 CONGRESSIONAL RECORD — SENATE S12123

Despite his possible differences with Mr. President, DAVID PRYOR will be Senator FRAHM has jumped into the these proposals, he has remained true missed. His gentle southern kindness whirl of the Senate. She took over the to this principle. This was most appar- and his honesty have earned him the seat of one of the giants of the Senate. ent during our recent debate on a Utah respect of every member of this body. She has had to become conversant on BLM wilderness proposal, during which As he moves on to other pursuits, I myriad topics that were already well in he helped craft release language that wish him and his wife Barbara the very play before she got here. She has had was more acceptable to many of our best. to make some tough voting choices. colleagues. In the end, he supported BILL BRADLEY Yet, she did not shrink from any of our bill when it came to the Senate Mr. President, as the 104th Congress this. floor. One of the best things that can draws to a close, I would like to ex- I want to wish her well and hope she be said about a departing Senator is press my best wishes to Senator BILL will continue serving her fellow Kan- that he was true to his word, and BEN- BRADLEY of New Jersey. sans in other ways. NETT JOHNSTON always was. There are few people who can be all- f Mr. President, BENNETT JOHNSTON has been reasonable and diligent; he stars in two professions. BILL BRADLEY ENVIRONMENTAL ACCOMPLISH- has been a servant of the environment is one of them. After an illustrious ca- MENTS OF THE 104TH CONGRESS and a protector of our natural re- reer in the National Basketball Asso- ciation, he has spent three terms in the Mr. KEMPTHORNE. Mr. President, sources. There is no doubt that he will for the past 2 years, our critics have Senate. In both occupations, BILL be missed. accused Republicans of rolling back en- BRADLEY has touched millions of lives ALAN SIMPSON vironmental standards. Just suggest Mr. President, what can I say about through his great example of leader- ship, hard work, intelligence, team that an environmental law can be im- AL SIMPSON, my good friend and col- work, and integrity. proved, and the critics quickly label league from Wyoming? He is a genuine you as ‘‘anti-environment.’’ When we original. Senator BRADLEY has made an im- pact on each of the committees on look back on this Congress, though, I Not only have we worked together believe that the newly enacted safe over the years on issues pertaining to which he served over the past 18 years—but none more so than on the drinking water law stands as the true the West, but we have served together testament to what we’re all about. It’s on the Judiciary and Finance Commit- Finance Committee, where we have served together for the past 5 years. Al- not just empty rhetoric; it’s real re- tees. I am pleased that, literally in form that improves the environment, AL’s final hours as a Member of the though we have not always agreed on issues of national tax, trade, and protects public health and reduces un- Senate, the illegal immigration bill necessary costs so that all Americans health care policy, BILL BRADLEY has was finally passed. AL SIMPSON has can enjoy clean, safe, and affordable many achievements to his credit, but I earned my respect for his dedication to taxpayer fairness, a better and simpler drinking water. believe he will be most remembered for To our critics, I would like to offer tax code, and his tireless efforts to re- his strong commitment to preserving three comments. duce the budget deficit. the integrity of America’s borders. He First, Republicans are committed to As BILL BRADLEY moves on to the worked tirelessly on this legislation, protecting and improving our environ- next phase of his already diversified and we are going to miss his expertise ment. We demonstrated this commit- public life, I wish him all the best. on these issues. ment throughout the Safe Drinking On a personal level, we are all going SAM NUNN Water Act. We directed the Environ- to miss AL’s sense of humor. I have Mr. President, all Americans who mental Protection Agency to target often wished I could be as fast with a value a strong national defense will those contaminants that are actually quip as AL SIMPSON. Since AL is also sorely miss the Senator from Georgia. present in drinking water and are headed off to academia, I can only His encyclopedic knowledge of defense found to present a real health risk to imagine the waiting list to get into his issues has contributed not only to a humans. We authorized, for the first classes. much more efficient use of defense re- time, $1 billion annually for a State re- DAVID PRYOR sources, but also greater accountabil- volving loan fund so that local commu- Mr. President, I would be remiss if I ity among defense contractors. nities can construct and upgrade their did not stand before the Senate to say I also believe that Senator NUNN has treatment systems. We provided, also a few words of tribute to my good the distinction, along with Senator for the first time, tens of millions of friend and colleague from Arkansas, THURMOND, of being the best friend our dollars for important research on the DAVID PRYOR. uniformed men and women ever had. This body has been fortunate to have health effects of contaminants, like SAM NUNN knows that our Armed cryptosporidium; and we created a new had the capable wisdom of DAVID Forces are the backbone of our defense. voluntary source water partnership PRYOR, and I have had the pleasant ex- Without them, our technology and ar- perience of working closely with him, program to encourage communities maments are useless. and landowners to work together to particularly since my joining the Fi- SAM NUNN has been instrumental in nance Committee during the 102d Con- prevent contamination of drinking defining U.S. defense policy for the water before it occurs. gress. post-cold-war era. He leaves us with a As is the usual order of business Second, Republicans are committed blueprint on which we can build our to making our environmental laws around here, Senator PRYOR and I sat national security strategy for the next on different sides of many difficult is- work better. Certainly, our current decade and beyond. It is a well-con- sues. But, on many other occasions we framework of environmental laws has ceived theory with a strong practical saw eye to eye and worked together to gone a long way toward addressing the dimension. His thinking has the power find the right solutions. major environmental problems of the Just this year, it was my privilege to of reasonable prediction of what lies 1970’s and 1980’s, but the problems have ahead as well as of a clear grasp of the join DAVID in sponsoring three impor- evolved and our laws need to evolve tant pieces of tax legislation that I lessons of history. with them. Our laws must be more know he is proud of—the Pension Sim- Senator NUNN has been a thoughtful, flexible to address the multitude of sit- plification Act of 1995, the S Corpora- hard-working legislator—a great exam- uations that States and communities tion Act of 1995, and the Taxpayer Bill ple of what a Senator should be. face every day. We must work with our of Rights II. Through the tireless ef- I wish him well in whatever his fu- partners in State and local govern- forts of DAVID PRYOR, these important ture plans may include. ments, not against them. And we must measures were finally enacted into law. SHEILA FRAHM provide more incentives to achieve en- In every instance he was a gen- Mr. President, we have not had a vironmental excellence—more carrots tleman. In the majority or in the mi- chance to know well the new junior and fewer sticks. nority, DAVID PRYOR has earned the ad- Senator from Kansas, but I would be The Safe Drinking Water Act proves miration of every Senator in the Sen- remiss if I did not say to my colleagues that these principles can indeed make ate. how much I admire the way in which our laws better for the environment S12124 CONGRESSIONAL RECORD — SENATE October 1, 1996 and reduce unnecessary costs. The Con- the salmon; and communities in Texas Species Act, and many of those plans gressional Budget Office reviewed our fear that they will lose their sole are inadequate or have never been im- legislation and confirmed that it drinking water supply because of a sal- plemented. We must establish rigorous ‘‘would change the Federal drinking amander. standards for recovery plans and re- water program in ways that would And all to no end. Since it was first quire that they be implemented. lower the costs to public water systems passed, the Endangered Species Act has We must provide incentives for pri- of complying with existing and future failed to recover a single species to the vate landowners to help conserve en- requirements. On balance, CBO esti- point that it could be removed from dangered and rare species. Authorizing mates that the bill would likely result the list of threatened or endangered low effect conservation plans and mul- in significant net savings to State and species. The fact is, we’re spending mil- tiple species conservation plans is just local governments.’’ lions of dollars now, putting commu- one way that we can encourage small In signing the Safe Drinking Water nities at risk all in the name of pro- and large landowners to voluntarily Act, President Clinton called the new tecting endangered species, but we preserve habitat and take other meas- law, ‘‘a model for responsible reinven- have no clear policy, priorities, game ures to protect species. tion of regulations,’’ that ‘‘will provide plan, or even ability to measure re- And finally, we must be willing to the American people with much great- sults. We need to do better—both for commit more public resources to the er protection for the drinking water on the species and for our fellow Ameri- cause of protecting endangered species which we all rely every day of our cans. and be creative in our search for fund- lives.’’ He’s right; and it was a Repub- So, when we come back next Janu- ing sources. The Endangered Species lican initiative. ary, I will pick up where we left off and Act benefits us all; its costs must not And, finally, I would like to empha- introduce comprehensive legislation to be borne only by a few. size that Republicans are committed to significantly improve the Endangered Our job over the next few months and working with our colleagues on the Species Act. next year won’t be easy. These are dif- other side of the aisle on the respon- It’s time that the Endangered Spe- ficult and emotional issues. But the sible reform of our environmental laws. cies Act actually saved species from stakes are too high—the survival of our The environment is not a partisan extinction. It’s time that the Endan- native wildlife—for us not to succeed. issue. Our environment is our lifeline gered Species Act treated property I look forward to working with my and, if we are to preserve it for our owners fairly and with consideration. colleagues and the administration to children and their children, we must It’s time that the Endangered Species making the Endangered Species Act work together. The Safe Drinking Act minimized the social and economic really work. Water Act was written with the advice impacts on the lives of citizens. And f it’s time that the Endangered Species of many public health experts, State MESSAGES FROM THE PRESIDENT and local government officials, and Act provided incentives to conserve water providers. Republicans and rare and unique species. I believe that Messages from the President of the Democrats alike were instrumental in we can draft legislation that accom- United States were communicated to the crafting of all of its provisions. And plishes those goals. the Senate by Mr. Williams, one of his ultimately, it had the support of every Over the next few months, I plan to secretaries. Member of the Senate, virtually every continue negotiations with my col- EXECUTIVE MESSAGES REFERRED Member of the House of Representa- leagues on the Environment and Public As in executive session the Presiding tives, the administration, the regu- Works Committee, Senators CHAFEE, Officer laid before the Senate messages lated community and the public. To BAUCUS, and REID, other Senators, and from the President of the United my mind, that’s the model for future the administration. I will work with States submitting a nomination which environmental legislation. them, officials of State and local gov- was referred to the Committee on Envi- As this Session and this Congress ernments, the regulated community, ronment and Public Works. winds to a close over the next few days, and others to achieve meaningful En- (The nominations received today are we should pause to look back. We have dangered Species Act reform. But, let printed at the end of the Senate pro- much to be proud of. Among other me emphasize that it must be real re- ceedings.) things, we reauthorized and signifi- form. f We must ensure that decisions made cantly improved a major environ- REPORT ON THE OPERATION OF under the Endangered Species Act are mental law, the Safe Drinking Water THE CARIBBEAN BASIN ECO- based on good science. All too fre- Act. But, looking forward, we have NOMIC RECOVERY ACT—MES- quently, species are listed and restric- much work yet to do. SAGE FROM THE PRESIDENT— Many of you know that I have been tions imposed on landowners as a re- PM 175 working hard this past year on legisla- sult of junk science or no science. That tion to reauthorize the Endangered must change. The PRESIDING OFFICER laid be- Species Act. I had hoped to complete We must streamline the consultation fore the Senate the following message our work on that legislation this year process under section 7. In just one from the President of the United as well, but political and practical ob- case in Idaho, for example, a simple States, together with an accompanying stacles got in the way. So, while we bridge was held up for over a year report; which was referred to the Com- were able to make significant progress while the National Marine Fisheries mittee on Finance. this year in resolving many of the Service reviewed a proposed construc- To the Congress of the United States: problems underlying the Endangered tion plan that had already been ap- I hereby submit the Second Report to Species Act, final resolution will have proved by four State and Federal agen- the Congress on the Operation of the to wait until next year and the new cies. The bridge ended up costing over Caribbean Basin Economic Recovery Congress. I believe, though, that our ef- four times as much as the original ap- Act. This report is prepared pursuant forts this year will pave the way for a proved design because of the National to the requirements of section 214 of bill next year. Marine and Fisheries Service. That the Caribbean Basin Economic Recov- There is no single environmental law must change. ery Expansion Act of 1990 (19 U.S.C. that is in greater need of fundamental We must strengthen the recovery 2702(f)). reform now than the Endangered Spe- planning process so that the emphasis WILLIAM J. CLINTON. cies Act. More than any other law, the is not just on listing a species, but also THE WHITE HOUSE, October 1, 1996. Endangered Species Act truly pits hu- on bringing it back from the brink of f mans against their environment. extinction. We all agree that recover- Loggers in the Pacific Northwest fear ing species is the primary purpose of MEASURE PLACED ON THE that they will lose their jobs—and the Endangered Species Act, but the CALENDAR many have—because of the spotted owl; Fish and Wildlife Service has only de- The following measure was read the farmers in Idaho fear that they won’t veloped recovery plans for about half of second time and placed on the cal- be able to water their crops because of the species listed under the Endangered endar: October 1, 1996 CONGRESSIONAL RECORD — SENATE S12125 S. 2161. A bill reauthorizing programs for Report to accompany the bill (H.R. 3198) to Jay A. Allen Christopher M. the Federal Aviation Administration, and for reauthorize and amend the National Geo- Robert R. Dubois Smith other purposes. logic Mapping Act of 1992, and for other pur- Gordon A. Loebl Christine L. f poses (Rept. No. 104–395). Robert J. Hennessy MacMillian Anthony J. Vogt f Gary T. Croot EXECUTIVE AND OTHER Thomas E. Crabbs Joanna M. Nunan COMMUNICATIONS Samuel L. Hart James A. Cullinan EXECUTIVE REPORTS OF Joseph Segalla The following communications were COMMITTEES Steven D. Stilleke Webster D. Balding Donald R. Scopel laid before the Senate, together with John J. Plunkett The following executive reports of John S. Kenyon accompanying papers, reports, and doc- Gwen L. Keenan committees were submitted: Christopher N. Hogan uments, which were referred as indi- Christopher M. Mr. PRESSLER. Mr. President, for Douglas J. Conde cated: Rodriguez the Committee on Commerce, Science, Thomas D. Combs III EC–4202. A communication from the Acting Richare J. Raksnis William R. Clark Administrator of the General Services Ad- and Transportation, I report favorably Patrick P. ministration, transmitting, a draft of pro- one nomination list in the Coast Beverly A. Havlik O’Shaughnessy posed legislation entitled ‘‘The Pennsylvania Guard, which was printed in full in the Donna A. Kuebler Marc A. Gray Avenue Development Corporation Authori- CONGRESSIONAL RECORD on September Thomas H. Farris, Jr. Anthony Popiel ties Correction Act of 1996’’; to the Commit- 27, 1996, and ask unanimous consent, to Timothy A. Frazier Graham S. Stowe tee on Appropriations. save the expense of reprinting on the Timothy E. Karges Matthew L. Murtha Rocky S. Lee EC–4203. A communication from the Ad- Executive Calendar, that this nomina- Christopher P. ministrator of the Agricultural Marketing David Self Calhoun Service, Department of Agriculture, trans- tion lie at the Secretary’s desk for the Randy C. Talley James M. Cash mitting, pursuant to law, a rule entitled information of Senators John D. Gallagher Kyle G. Anderson ‘‘Oranges, Grapefruit, Tangerines, and Tan- The PRESIDING OFFICER. Without Robert M. Camillucci Dwight T. Mathers gelos Grown in Florida,’’ (FV96-905-1) re- objection, it is so ordered. Robert G. Garrott Jonathan P. Milkey ceived on September 27, 1996; to the Commit- (The nominations ordered to lie on Christopher B. Adair Pauline F. Cook tee on Agriculture, Nutrition, and Forestry. the Secretary’s desk were printed in Gregory W. Johnson Matthew J. Szigety EC–4204. A communication from the Ad- the RECORD of September 27, 1996, at Eric C. Jones Robert J. Tarantino ministrator of the Agricultural Marketing the end of the Senate proceedings.) Scot A. Memmott Russel C. Laboda Service, Department of Agriculture, trans- John R. Lussier John E. Harding mitting, pursuant to law, a rule entitled The following Regular officers of the Unit- Andew P. Kimos Gregory P. Hitchen ‘‘Technical Amendments to the Soybean ed States Coast Guard for promotion to the Craig S. Swirbliss Melvin W. Bouboulis Promotion and Research Order and Rules grade of lieutenant commander: John T. Davis Richard W. Sanders and Regulations,’’ received on September 27, John J. Arenstam Brian C. Conroy John M. Shouey Melissa Bert 1996; to the Committee on Agriculture, Nu- Ronald J. Magoon William H. Oliver II Anthony R. trition, and Forestry. Jason B. Johnson Gentilella Arlyn R. Madsen, Jr. Edward R. Watkins Anita K. Abbott f Chris J. Thorton Talmadge Seaman John M. Fitzgerald Raymond W. Pulver Keith F. Christensen William S. Strong John G. Turner Verne B. Gifford PETITIONS AND MEMORIALS Douglas W. Anderson Mark E. Matta Kirk D. Johnson Stuart M. Merrill The following petitions and memori- Timothy J. Custer Richard C. Johnson Ramoncito R. Scott N. Decker als were laid before the Senate and Nathalie Dreyfus Janis E. Nagy Mariano Scott A. Kitchen James O. Fitton Joseph E. Vorbach David R. Bird were referred or ordered to lie on the Peter W. Gautier Leigh A. Archbold table as indicated: Kurt A. Clason Salvatore G. Jack W. Niemiec Palmeri, Jr. Kevin E. Lunday William B. Brewer POM–677. A resolution adopted by the Gregory W. Martin Terry D. Converse Matthew T. Ruckert Dana G. Doherty Mayor and City Council of North Wildwood, Rhonda F. Gadsden Mark D. Rizzo Brian R. Bezio William G. Kelly County of Cape May, New Jersey, relative to Nona M. Smith Mark C. Riley The following Reserve officers of the Unit- the Energy and Water Development Appro- Glen B. Freeman Spencer L. Wood ed States Coast Guard for promotion to the priations bill; to the Committee on Appro- William H. Rypka Eric A. Gustafson grade of Lieutenant Commander: priations. Robert C. Lafean Ricardo Rodriquez POM–678. A resolution adopted by the Gerald F. Shatinsky Christopher E. Monica L. Lombardi Sloan A. Tyler American Bar Association relative to a mul- Thomas J. Curley III Austin Michael E. Tousley Donald A. LaChance tilateral agreement on investment; to the Steven M. Hadley Randall A. Perkins Laticia J. Argenti II Committee on Foreign Relation. Jerome R. Crooks, III Thomas F. Lennon Karen E. Lloyd POM–679. A resolution adopted by the Jr. Richard R. Jackson, American Bar Association relative to imple- John F. Eaton, Jr. Jr. (The above nominations were re- mentation of waiting rooms for children in Charles A. Howard Timothy B. O’Neal ported with the recommendation that every appropriate courthouse; to the Com- David H. Dolloff Pete V. Ortiz, Jr. they be confirmed.) mittee on Foreign Relation. Mark A. Hernandez Robert P. Monarch POM–680. A resolution adopted by the Stephen E. Maxwell Paul D. Lang f American Bar Association relative to a rec- Robert E. Ashton Edward J. Hansen, ommendation for Violence Against Women David W. Lunt Jr. INTRODUCTION OF BILLS AND Act; to the Committee on the Judiciary. Abraham L. Donald J. Marinello JOINT RESOLUTIONS POM–681. A resolution adopted by the Boughner Paul E. Franklin American Bar Association relative to the The following bills and joint resolu- William J. Milne Charles A. Milhollin economic exploitation of persons under 18; to tions were introduced, read the first Glenn F. Grahl, Jr. Steven A. Seiberling the Committee on Foreign Relation. Gregory W. Blandford Dennis D. Dickson and second time by unanimous con- f Anne L. Burkhardt Scottie R. Womack sent, and referred as indicated: REPORTS OF COMMITTEES Douglas C. Lowe Thomothy R. By Mr. DOMENICI (for himself and Mr. Thomas M. Miele Scoggins BINGAMAN): The following reports of committees Eddie Jackson III Ronald H. Nelson S. 2183. A bill to make technical correc- were submitted: Anthony T. Furst Gene W. Adgate tions to the Personal Responsibility and By Mr. ROTH, from the Committee on Fi- Matthew T. Bell, Jr. Henry M. Hudson, Jr. Work Opportunity Reconciliation Act of nance: Duane R. Smith Barry J. West 1996; considered and passed. Report to accompany the bill (H.R. 3815) to Marc D. Stegman Frank D. Gardner By Mr. LAUTENBERG: make technical corrections and miscellane- Kevin K. Kleckner Jeffrey W. Jessee S. 2184. A bill to require the Commissioner ous amendments to trade laws (Rept. No. William G. Hishon Ralph Malcolm, Jr. of the Food and Drug Administration to 104–393). James A. Mayors George E. Eldredge issue regulations limiting the advertising of By Mr. HATCH, from the Committee on Larry A. Ramirez Donald N. Myers cigarettes and smokeless tobacco over the the Judiciary, with an amendment in the na- Wyman W. Briggs Scott E. Douglass Internet, and for other purposes; to the Com- ture of a substitute: Benjamine A. Evans Richard A. mittee on Commerce, Science, and Transpor- S. 1277. A bill to provide equitable relief for Gwyn R. Johnson Paglialonga tation. the generic drug industry, and for other pur- Tracy L. Slack John K. Little By Mr. WYDEN: poses (Rept. No. 104–394). Geoffrey L. Rowe James E. Hawthorne, S. 2185. A bill to improve Federal environ- By Mr. MURKOWSKI, from the Committee Thomas C. Hasting, Jr. mental policy by providing incentives for on Energy and Natural Resources: Jr. Samuel Walker VII State and local growth management and S12126 CONGRESSIONAL RECORD — SENATE October 1, 1996 land use programs, and for other purposes; to bacco ads on the Internet have one fea- (4) INTERNET; INTERACTIVE COMPUTER SERV- the Committee on Environment and Public ture exclusive to this medium—they ICE.—The terms ‘‘Internet’’ and ‘‘interactive Works.. can be interactive. computer service’’ have the meaning given By Mr. KERRY (for himself and Mr. The indiscriminate bombardment of those terms in section 230(e) of the commu- KENNEDY): nications Act of 1934. advertisements on the Internet is also S. 2186. A bill to provide access to health (5) SMOKELESS TOBACCO.—The term care insurance coverage for children; to the troubling if tobacco ads on this me- ‘‘smokeless tobacco’’ means any cut, ground, Committee on Labor and Human Resources. dium are not subject to FDA regula- powdered, or leaf tobacco that, because of its f tions. To view certain ads, a child need appearance, type, packaging, or labeling is only sign onto an Internet provider. If likely to be offered to, or purchased by, con- SUBMISSION OF CONCURRENT AND an online provider decides to use a to- sumers as a tobacco product to be placed in SENATE RESOLUTIONS bacco advertisement for one of its so- the oral or nasal cavity. The following concurrent resolutions called banner ads, there is no doubt SEC. 2. REGULATIONS. As soon as practicable after the date of en- and Senate resolutions were read, and that children will see it. Similarly, a child browsing the World Wide Web for actment of this Act, the Commissioner shall referred (or acted upon), as indicated: issue regulations limiting the advertising of By Mr. LOTT: a research project on camels could end cigarettes and smokeless tobacco over the S. Res. 307. A resolution electing Gary Lee up viewing over 300 web pages about or Internet or other interactive computer serv- Sisco of Tennessee as Secretary of the Sen- mentioning Joe Camel merely by typ- ice within the United States in a manner ate; considered and agreed to. ing camel on an Internet search pro- consistent with the regulations issued by the S. Res. 308. A resolution notifying the gram. Commissioner on August 28, 1996, at 61 Fed. President of the United States of the elec- I therefore believe restrictions on to- Reg. 44396 et seq.∑ tion of Gary Lee Sisco of Tennessee as Sec- bacco advertising should be extended retary of the Senate; considered and agreed to the Internet. Minors comprise a to. By Mr. WYDEN: S. Res. 309. A resolution notifying the large percentage of Internet users in our country and this number is in- S. 2185. A bill to improve Federal en- House of Representatives of the election of vironmental policy by providing incen- Gary Lee Sisco of Tennessee as Secretary of creasing. Although this is a welcome the Senate; considered and agreed to. indication that our youth has access to tives for State and local growth man- By Mr. LOTT (for himself, Mr. information that may not be available agement and land use programs, and DASCHLE, and Mr. NICKLES): at their local library or at their school, for other purposes; to the Committee S. Res. 310. A resolution commending Kelly I am concerned that minors may be es- on Environment and Public Works. D. Johnston for his service to the U.S. Sen- pecially affected by interactive tobacco THE LOCAL GROWTH MANAGEMENT INCENTIVES ate; considered and agreed to. ads. ACT f Mr. President, I understand that the ∑ Mr. WYDEN. Mr. President, there has been considerable discussion in this STATEMENTS ON INTRODUCED FDA was reluctant to extend their ad- Congress about assaults on our envi- BILLS AND JOINT RESOLUTIONS vertising restrictions to the Internet in their last rulemaking because they be- ronment. But up until now, a serious, By Mr. LAUTENBERG: lieved tobacco companies had not yet stealth assault that threatens our envi- S. 2184. A bill to require the Commis- exploited this medium. It is true that ronment, our citizens’ health, and sioner of the Food and Drug Adminis- the majority of tobacco ads currently quality of life has been essentially ig- tration to issue regulations limiting on the Internet are posted by foreign- nored. the advertising of cigarettes and ers; however, I am confident that this The threat I am referring to arises smokeless tobacco over the Internet, situation will not last. The Internet is not from action that this Congress has and for other purposes; to the Commit- a veritable wild West to the tobacco in- taken. Rather, it comes from decades tee on Commerce, Science, and Trans- dustry seeking to hook children. of Federal inaction in the face of hap- portation. It is my hope that, in addition to ap- hazard development activities that are THE TOBACCO-FREE CHILDREN’S INTERNET ACT plying applicable tobacco regulations slowly degrading the landscape of our OF 1996 to the Internet, the FDA, perhaps in states and our communities. ∑ Mr. LAUTENBERG. Mr. President, I conjunction with the Federal Trade Mr. President, what I am referring to introduce the Tobacco-Free Children’s Commission, will develop an effective is the wholesale strip malling of Amer- Internet Act of 1996, a bill to protect means of implementing the Surgeon ica. children from the health hazards of to- General’s warning to Internet adver- If this trend continues unchecked, it bacco by extending to the Internet ex- tisements. will imperil our Nation’s productive isting limitations on tobacco adver- Mr. President, I ask unanimous con- lands and natural resources, while tisements. sent that a copy of the bill be placed in turning the landscape into an unbro- Mr. President, countless studies have the RECORD. ken expanse of suburban sprawl. demonstrated the persuasive effect There being no objection, the bill was This pattern of sprawling, uncon- that tobacco advertising has on mi- ordered to be printed in the RECORD, as trolled development is in many in- nors. This advertising encourages follows: stances promoted by the Federal Gov- young people to smoke, which in turn S. 2184 ernment. Despite the major impacts leads to more lung cancer, more heart Be it enacted by the Senate and House of Rep- many Federal programs have on disease, and more death. As a result, resentatives of the United States of America in growth and land use, the Federal Gov- the Food and Drug Administration has Congress assembled, ernment has largely turned a blind eye now decided to limit tobacco advertis- SECTION 1. SHORT TITLE. to the visual blight these programs ing in publications with a significant This Act may be cited as the ‘‘Tobacco- spawn, let alone the environmental, readership under age 18 to black-and- Free Children’s Internet Act of 1966’’. health and economic impacts of white text only. This is a significant, SEC. 2. DEFINITIONS. unmanaged growth and development. positive step, and should substantially For purposes of this Act, the following Besides turning our landscapes into reduce the effectiveness of such adver- definitions shall apply: eyesores, unmanaged growth contrib- (1) CHILD.—The term ‘‘child’’ means an in- tising in appealing to children. dividual who has not attained the age of 18. utes to traffic congestion that snarls Mr. President, the Internet provides (2) CIGARETTE.—The term ‘‘cigarette’’ our highways, creating both additional unprecedented access to information to means any roll of tobacco wrapped in— stresses for commuters and additional persons of all ages. I believe that the (A) paper or any substance not containing exhaust emissions that degrade the widespread use of the Internet should tobacco; or quality of our air. be encouraged. However, certain mate- (B) tobacco if, because of its appearance, Uncontrolled development not only rial, such as tobacco advertising, is not type, packaging, or labeling, the roll hurts our citizens where they live and wrapped in tobacco is likely to be offered to, appropriate for children. In addition to or purchased by, consumers as a cigarette. breathe, it also hits them in their wal- the eye-catching images common in to- (3) COMMISSIONER.—The term ‘‘Commis- lets. Several studies have come out bacco print advertisements and bill- sioner’’ means the Commissioner of the Food that show the costs of sprawling boards, cigarette and smokeless to- and Drug Administration. growth are significantly higher than October 1, 1996 CONGRESSIONAL RECORD — SENATE S12127 more compact, managed growth pat- to the actual development stage, it hard work, as two leading growth man- terns. These studies show that tax- still must undergo still another round agement experts point out in their re- payers can save billions of dollars in of reviews by two Federal agencies— cent book ‘‘Land Use in America.’’ For public facility capital construction and the Army Corps of Engineers and the this reason, we should give those operation and maintenance costs by National Marine Fisheries Service. The States and localities that are under- opting for growth management. port estimates that if it could just taking this difficult, but ultimately re- Time and time again, I’m asked at eliminate the duplicative require- warding effort the extra time they need town meetings what I can do at the ments, two or more years of unneces- to do it right. Federal level to help manage growth in sary delay could be avoided for this The same amount of additional time my home State of Oregon, so our State project . granted to the State or locality would doesn’t get overrun by suburban The port’s efforts to identify better also be provided to any private party in sprawl. ways of handling materials dredged that jurisdiction who is subject to a The answer, Mr. President, is not to from around its docks and piers and compliance deadline under the new create a new Federal program that will from the Willamette River navigation Federal requirement, unless this would embroil the Federal Government in channel is subject to two virtually adversely affect public health or the land use decisions that have histori- identical, essentially independent envi- environment. While States and local- cally been State and local issues. Rath- ronmental analyses, one by the State ities are working to meld their pro- er, what we should do is create incen- of Oregon and another by the Corps of grams with Federal requirements, pri- tives to encourage and build on the Engineers. Avoiding duplication by al- vate parties should not be subject to State and local growth management ef- lowing the Corps of Engineers to rely double jeopardy by having to comply forts already underway. upon the State analysis could save con- first with a Federal requirement and then subsequently with a different re- For example, Oregon’s pioneering siderable money for both the port and quirement after the State or locality Land Use Act builds environmental and the Corps and expedite this project. modifies its program to meet the new resource protections into the State’s The port is currently planning fur- Federal mandate. ther development and expansion at the growth management and development Third, Federal agencies conducting strategies. But our State gets no credit Portland International Airport, the development projects and other activi- for this innovative program from the port’s marine terminals, and several ties affecting growth must ensure that Federal Government. port-owned general aviation airports, their activities are consistent with As a result, Federal development all of which contain wetland areas. States’ and localities’ growth manage- projects in Oregon have to undergo These activities could be facilitated, ment programs. This provision, which Federal reviews that in many cases du- without diminishing environmental is modeled on a similar consistency re- plicate the process under State law. protections, if the State of Oregon’s ex- quirement in the Coastal Zone Manage- That’s bureaucratic overkill. tensive process for addressing the envi- ment Act, empowers States and local- Oregon and other States that have ronmental impacts associated with ities by giving them the ability to af- similar programs should be recognized wetlands could be relied upon by the fect Federal activities that could un- by the Federal Government both when appropriate Federal agencies. dermine State and local efforts to man- new Federal development projects are Under my legislation, Federal agen- age growth locally. undertaken in these States and when cies would have to incorporate, as part Fourth, my legislation amends the new Federal requirements are imposed. of the reviews they require, any rel- Intermodal Surface Transportation Ef- Today, I am introducing the Local evant reviews and analyses already ficiency Act [ISTEA] to give priority Growth Management Incentives Act. conducted under State and local pro- for discretionary spending under This legislation will give Oregon and grams. This would save the project ISTEA to any State or locality that other States and localities with good sponsors considerable time and expense has a growth management program growth management programs the compared to starting the Federal re- that meets the eligibility criteria set credit they deserve. views essentially from scratch. out in the bill. Giving States and local- Under this legislation, States that The net effect of this provision is ities with good growth management have good growth management pro- that Federal development projects re- programs priority for ISTEA funding grams will get several incentives. viewed and approved under good State will not only provide a financial incen- First, the legislation directs Federal and local programs can avoid redun- tive to establish these programs, it will agencies to take steps to eliminate du- dant Federal reviews that increase also help reduce Federal, State, and plication of studies, environmental as- costs and cause delays with no environ- local transportation costs and even sessments, planning and other activi- mental benefits. If environmental safe- help reduce air pollution from motor ties to the extent these actions have guards are already in place under State vehicles. already been undertaken under a State law, these protections should be recog- The legislation I am introducing is or local growth management plan. nized when it comes time to develop the beginning and not the end of a Because the State of Oregon and federally supported projects in the process. It is my hope that the Local many cities in our State have environ- State. Growth Management Incentives Act mentally protective growth manage- Second, States and localities with will begin a discussion on what the ment programs, development projects good growth management programs Federal Government should be doing to in our State frequently have to go will be eligible for extensions of up to address the impacts Federal actions through layers of duplicative environ- 1 year to comply with new Federal re- have on growth and land use. In the mental reviews—first at the local level, quirements, when this additional time next Congress, I will be looking for ad- and then at the State level, and then is needed to integrate a new Federal re- ditional incentives to offer States and again at the Federal level. In some quirement with the State or local localities so they will develop their cases, virtually identical environ- growth management program. How- own programs to manage growth. mental analyses are required by the ever, additional time would not be pro- In summary, I think there is an ap- different levels of government, each ac- vided if an extension of time would ad- propriate role for the Federal Govern- cording to different sets of regulations. versely affect public health or the envi- ment to help States and localities to Let me cite several examples affect- ronment. manage growth so we have smart ing the Port of Portland in Portland, This incentive recognizes that good growth, instead of either uncontrolled OR: growth management programs offer a sprawl or NIMBY [Not In My Back The Port of Portland’s proposed de- more comprehensive and more long- Yard] efforts to block any kind of velopment of additional marine termi- term approach to protecting our envi- growth. I am introducing my legisla- nals at Hayden Island in the Columbia ronment than many of the specific re- tion today in an effort to jumpstart a River has already undergone extensive quirements imposed by Federal envi- dialog on how the Federal Government reviews and analysis by the city of ronmental programs. At the same can promote well-managed, sustainable Portland and by our State agencies. time, coordinating Federal require- growth that will best serve our envi- But in order for this project to proceed ments with State and local programs is ronment, our citizens’ health and, our S12128 CONGRESSIONAL RECORD — SENATE October 1, 1996 Nation’s economic well-being in the months preceding convening of the an impossible burden for struggling 21st century.∑ 105th Congress. families, one that often takes a back Mr. President, I want to discuss 2 of seat to putting food on the table and a By Mr. KERRY (for himself and the 10 million compelling reasons to roof over the children’s heads. Mr. KENNEDY): provide basic health insurance to chil- Mr. President, this plan is an impor- S. 2186. A bill to provide access to dren who are not covered now. tant, incremental step toward guaran- health care insurance coverage for One of the first reasons is a 13-year- teeing health coverage for all Ameri- children; to the Committee on Labor old student in Lynn, MA, named Costa cans. I urge my colleagues to support and Human Resources. Billias. He played football at Breed it. THE HEALTHY CHILDREN FAMILY ASSISTANCE Junior High and loved the game, but Mr. KENNEDY. Mr. President, it is HEALTH INSURANCE ACT said, ‘‘For the past 2 years I gave my an honor to join Senator JOHN KERRY Mr. KERRY. Mr. President, I am best to football, but my mom explained in introducing this visionary and prac- proud to introduce legislation today, that we were not insured and if I got tical program. Senator KERRY has been joined by my friend, colleague, and es- hurt we would lose our house and ev- a consistent leader in the Senate in teemed senior Senator, TED KENNEDY, erything we own to pay the hospital.’’ fighting for children, for health care, to help ensure that the 10 million unin- He quit the team, but he cannot quit and for working families. This initia- sured children in this country get the life. If he gets hurt doing something tive sets a benchmark for the next Con- health care they need and their parents else, his family still stands to lose ev- gress and the American people. It is a get the peace of mind they deserve. erything. In addition, I think it is proposal that is a reflection of true Mr. President, the fact is that most wrong that Costa Billias is being de- family values. of these 10 million uninsured children nied the opportunity to play football Every American child deserves a have parents who work—90 percent of again. healthy start in life, but too many these uninsured children have parents One more of the 10 million reasons we don’t receive it. Seventeen industri- who work, according to the General must pass this bill is the Pierce family. alized countries do better at preventing Accounting Office [GAO]. And three Jim and Sylvia Pierce were married in infant mortality than we do. A quarter out of five of these children have par- 1980 and live in Everett, MA. Jim was a of American children do not receive ents who work fulltime during the en- plumber and they had three children, basic childhood vaccines. Every day, tire year. Leonard, Brianna, and Alyssa. In Octo- 636 babies are born to mothers who re- Unfortunately, the problem of unin- ber 1993, Sylvia was pregnant with her ceive inadequate prenatal care, 56 ba- sured children is getting worse, not fourth child when Jim was tragically bies die before they are a month old, better—each year, more than 1 million killed on his way home from the store. and 110 babies die before they are a additional children lose private insur- In that one horrible minute her life year old. ance. No parent should have to choose changed forever. She not only lost her Access to affordable health care is between medicine for a sick child and husband, but, pregnant and alone, she one of the greatest problems children food for the family. The thought of a lost her health insurance as well. Her face. Ten-and-a-half million children mother and father, working hard to survivor’s benefits made her income under the age of 19 have no health in- make ends meet, waking up in the mid- too high to qualify for long-term Med- surance—one in every seven American dle of the night with a child in pain, icaid, and too low to pay the $400 a children. If it were not for the expan- and waiting to see if the pain passes be- month it would take to extend her hus- sions of Medicaid over the past 5 years, cause they cannot afford to go to the band’s health plan. Sylvia said, ‘‘I’ve the number would be seven million hospital, is a stark image of a national always taken good care of my children. higher. Under Republican proposals to tragedy. Mr. President, American chil- I feed them well; I take them to the cut Medicaid, four million children dren without health care are alone in doctors immediately when they need would lose their coverage. Employer- the world—we are the only Western in- it. All of a sudden I couldn’t do that based insurance coverage is eroding. dustrialized nation that does not pro- anymore. Too many pregnant women—more than vide health care for every child. Mr. President, in addition to the 400,000 a year—are uninsured, and lack I am proposing today with Senator moral imperative, the scientific evi- access to critical prenatal care. KENNEDY a voluntary subsidy program dence is overwhelming that lack of Almost all uninsured children are to help working families to purchase health coverage is bad for children, de- members of working families. Their private health insurance for their chil- laying medical care or making it im- parents work hard—40 hours a week, 52 dren. Only families with incomes too possible to get. A recent study in weeks a year. But all their hard work high to qualify for Medicaid would be JAMA [the Journal of the American does not buy their children the protec- eligible to receive these vouchers. Par- Medical Association] found that chil- tion they deserve. Every family should ticipation in the voucher program dren with health coverage gaps were have the right to health security for would be voluntary. The premium sub- more likely to lack a continuing and their children. No parents should fear sidy would be provided on a sliding regular source of health care—even that the loss of a job or their employ- scale with families earning 185 percent when factors such as family income, er’s failure to provide coverage will put or less of the poverty line receiving the chronic illness, and family mobility their children out of reach of the full subsidy; the subsidy would phase were factored out. Numerous studies by health care they need. down so that families earning more university researchers and by govern- Health insurance coverage for every than 300 percent of the poverty line ment agencies show that the uninsured child is a needed step in the fight to would not receive a subsidy. Cost-shar- are less likely to receive preventive guarantee health care for every family. ing would be limited but everyone care (such as immunizations for chil- The cost is affordable. The benefits are would pay something. The proposal in- dren), more likely to go to emergency great. The opportunities for bipartisan- cludes a comprehensive benefits pack- rooms for their care, more likely to be ship are substantial. age with a full range of the essential hospitalized for conditions that could The legislation we are introducing services needed by children. The total have been avoided with proper preven- today is a simple, practical proposal. It cost of the plan is $24 billion over 5 tive care, and more likely to have imposes no new government mandates years and is paid for by a combination longer hospital stays than individuals on the States or the private sector. It of cuts in corporate welfare and a to- with health insurance coverage. does not substitute for family respon- bacco tax increase. Although it is ap- Mr. President, every hour we wait to sibility. It fosters it, instead, by assur- parent there is no chance the plan will take this step, another 114 children ing that every family has the help it be enacted this year, with Congress lose private health insurance. Every 30 needs to purchase affordable health in- now in its final hour before adjourning seconds we wait, another child loses surance for their children. prior to the election, we are introduc- private health insurance. America’s Our plan will establish no massive ing it as a bill today because we want children cannot wait any longer. Fami- new Federal bureaucracy. Basic guide- to place this issue prominently on the lies without insurance are forced to lines and financing would come from national agenda during the next few pay the full cost of medical services— the Federal Government, but the plan October 1, 1996 CONGRESSIONAL RECORD — SENATE S12129 would be implemented and adminis- health plan in the previous Congress Sisco of Tennessee as Secretary of the Sen- tered by States. endorsed the idea of subsidizing private ate. The program will make a major dif- insurance coverage for children. This f ference in the lives of millions of fami- proposal should be a bipartisan health lies, but its basic principles are not priority for the next Congress. I believe SENATE RESOLUTION 309—A NOTI- novel or untested. Fourteen States al- it is an idea whose time has finally FICATION TO THE HOUSE OF ready have similar programs in place come. REPRESENTATIVES and running. Earlier their year, for ex- f Mr. LOTT submitted the following ample, Massachusetts enacted a pro- resolution; which was considered and gram very similar to our proposal. ADDITIONAL COSPONSORS agreed to: Under our plan, the Federal Govern- S. 1178 S. RES. 309 ment will assist all families with in- At the request of Mr. CHAFEE, the Resolved, That the House of Representa- comes under 300 percent of poverty to name of the Senator from Kansas [Mrs. tives be notified of the election of Gary Lee purchase health insurance for their FRAHM] was added as a cosponsor of S. Sisco of Tennessee as Secretary of the Sen- children, if they do not already receive 1178, a bill to amend title XVIII of the ate. coverage under an existing public pro- Social Security Act to provide for cov- f gram. Families with incomes under 185 erage of colorectal screening under percent of poverty will receive a full part B of the Medicare Program. SENATE RESOLUTION 310—COM- MENDING KELLY D. JOHNSTON subsidy. Families with incomes be- S. 1385 tween 185 percent of and 300 percent of FOR HIS SERVICE TO THE UNIT- At the request of Mr. BREAUX, the ED STATES SENATE poverty will receive assistance on a name of the Senator from Kansas [Mrs. sliding scale. Between 80 and 90 percent FRAHM] was added as a cosponsor of S. Mr. LOTT (for himself, Mr. DASCHLE, of all uninsured children live in fami- 1385, a bill to amend title XVIII of the and Mr. NICKLES) submitted the follow- lies with incomes below 300 percent of Social Security Act to provide for cov- ing resolution; which was considered poverty. Even uninsured families with erage of periodic colorectal screening and agreed to: higher incomes might buy coverage for services under part B of the Medicare S. RES. 310 their children if policies designed for Program. Whereas Kelly D. Johnston faithfully children were available. Families with S. 2030 served the Senate of the United States as income under 150 percent of poverty Secretary of the Senate during the 104th At the request of Mr. LOTT, the name will also receive assistance with the Congress, and discharged the duties and re- of the Senator from Nebraska [Mr. cost of copayments and deductibles. sponsibilities of that office with unfailing Similar assistance will be provided to KERREY] was added as a cosponsor of S. dedication and a high degree of efficiency; uninsured pregnant women. 2030, a bill to establish nationally uni- and The program will be administered by form requirements regarding the Whereas, as an elected officer of the Sen- States under Federal guidelines. In titling and registration of salvage, non- ate and as an employee of the Senate and the general, States will contract with pri- repairable, and rebuilt vehicles, and for House of Representatives, Kelly D. Johnston other purposes. has upheld the high standards and traditions vate insurance companies to offer chil- of the United States Congress, from his serv- dren’s coverage to any family that SENATE CONCURRENT RESOLUTION 73 ice on the staff of the House of Representa- wants it. Lower income families will At the request of Mr. D’AMATO, the tives from the 96th through the 101st Con- receive assistance with the cost of cov- names of the Senator from Colorado gress and then on the staff of the Senate erage, but coverage will be available to [Mr. CAMPBELL], the Senator from from the 102nd through the 104th Congress; all families at all income levels. Basic Idaho [Mr. KEMPTHORNE], the Senator and rules will guarantee that coverage is from Pennsylvania [Mr. SANTORUM], Whereas, through his exceptional service and professional integrity as an officer and adequate and tailored to the special the Senator from Michigan [Mr. ABRA- employee of the Senate of the United States, needs of children, especially the need HAM], the Senator from Nevada [Mr. Kelly D. Johnston has earned the high es- for comprehensive preventive care. REID], the Senator from Florida [Mr. teem, confidence and trust of his associates This plan does not guarantee that GRAHAM], and the Senator from Wis- and the Members of the Senate: every child will have insurance cov- consin [Mr. FEINGOLD] were added as Now, therefore, be it erage, but it gives the opportunity to cosponsors of Senate Concurrent Reso- Resolved, That the Senate recognizes the every family to cover their children at lution 73, a concurrent resolution con- notable contributions of Kelly D. Johnston a cost the family can probably afford. cerning the return of or compensation to the Senate and to his country and ex- It will be a giant step toward the day for wrongly confiscated foreign prop- presses to him its appreciation and gratitude for faithful and outstanding service. when every member of every American erties in formerly Communist coun- family has true health security. tries and by certain foreign financial f The cost of a similar program has institutions. AMENDMENTS SUBMITTED been estimated at $24 billion over 5 f years. We propose to finance our plan SENATE RESOLUTION 307—ELECT- by a combination of tobacco tax in- THE PERSONAL RESPONSIBILITY creases and closing corporate tax loop- ING THE SECRETARY OF THE SENATE AND WORK OPPORTUNITY REC- holes. The Nation currently spends ONCILIATION ACT OF 1996 close to $1 trillion per year on health Mr. LOTT submitted the following AMENDMENT ACT care. The additional cost of this pro- resolution; which was considered and posal is substantial, but it is a needed agreed to: step toward healthier lives for millions S. RES. 307 DASCHLE AMENDMENT NO. 5424 of American children and peace of Resolved, That Gary Lee Sisco of Tennessee Mr. MURKOWSKI (for Mr. DASCHLE) mind for their parents. be and he is hereby elected Secretary of the In this Congress, we made substan- Senate. proposed an amendment to the bill (S. tial progress toward improving the f 2183) to make technical corrections to health care system. We turned back ex- the Personal Responsibility and Work treme proposals to slash Medicare and SENATE RESOLUTION 308—A NOTI- Opportunity Reconciliation Act of 1996; Medicaid. Working together in a bipar- FICATION TO THE PRESIDENT OF as follows: tisan way, we were able to pass the THE UNITED STATES At the appropriate place, insert the follow- Kassebaum-Kennedy Health Insurance Mr. LOTT submitted the following ing: Reform Act, take a significant first resolution; which was considered and SEC. . EXTENSION OF NORTHERN GREAT agreed to: PLAINS RURAL DEVELOPMENT COM- step toward mental health parity, and MISSION. protect mothers and infants from pre- S. RES. 308 Section 11 of the Northern Great Plains mature discharge from the hospital. Resolved, That the President of the United Rural Development Act (Public Law 103–318; Every Democratic and Republican States be notified of the election of Gary Lee 7 U.S.C. 2661 note) is amended by striking S12130 CONGRESSIONAL RECORD — SENATE October 1, 1996 ‘‘the earlier’’ and all the follows through the In 1973, he was named ‘‘Outstanding I think you win that contest hands period at the end and inserting ‘‘September Young Man of Colorado.’’ down HANK. 30, 1997.’’. HANK came to Washington in 1980 Mr. President, let me close on a seri- f where he served five terms in the ous note. HANK BROWN’s presence and AUTHORITY FOR COMMITTEE TO House of Representatives. Following wisdom will be sorely missed in this MEET his achievements while representing body when the next Congress convenes the people of Colorado’s Fourth Con- early next year. I join my colleagues in SUBCOMMITTEE ON EUROPEAN AFFAIRS gressional District, HANK BROWN was congratulating and commending him Mr. MURKOWSKI. Mr. President, I elected to the U.S. Senate in 1990. for his public service and wish him and ask unanimous consent that the Sub- His service in the Congress has had his family well as he moves on.∑ committee on European Affairs of the many memorable highlights—from cre- f Committee on Foreign Relations be au- ating a wild and scenic designation for thorized to meet during the session of the Cache LaPoudre River and working SUCCESS OF THE 1996 OLYMPIC the Senate on Tuesday, October 1, 1996, to expand the Rocky Mountain Na- AND PARALYMPIC GAMES at 9:30 a.m. to hold a hearing. tional Park, to playing a pivotal role Mr. NUNN. Mr. President, I would The PRESIDING OFFICER. Without in pushing through a monumental Col- like to take this opportunity to recog- objection, it is so ordered. orado wilderness bill. In addition, he nize the success of the 1996 Centennial f has been a vocal advocate in the pri- Olympic games and the Paralympic games which were held this summer in ADDITIONAL STATEMENTS vate property rights movement and has been instrumental in efforts to find in- Atlanta. (At the request of Mr. LOTT, the fol- novative legislative solutions while The statement made by many that lowing statement was ordered to be working to achieve a balanced budget. the Centennial games in Atlanta were printed in the RECORD.) HANK has also been an outstanding the greatest ever was right on the f leader on military, foreign policy and mark. The athletes and the spectators who attended the events understand TRIBUTE TO SENATOR HANK trade issues. His efforts to resolve the better than anyone the extraordinary BROWN dispute with Pakistan over certain weapons transfers is certainly a nota- success of the 1996 Olympics. In the ∑ Mr. CAMPBELL. Mr. President, I ble highlight. His efforts to forge a face of pressures that defy imagina- thank the leadership for submitting compromise between Congress and the tion, ACOG staff and volunteers staged this statement for the RECORD on my administration will greatly serve our an Olympics of breathtaking grandeur behalf during my absence from the national interests as well as those of and dignity. Our law enforcement and Senate due to an accident. Were I able India and Pakistan. military personnel put together a secu- to be on the Senate floor today, I As the 104th Congress adjourns for rity force that was unprecedented in would make a few brief comments the year, we will remember the con- its commitment, performance, and co- about the distinguished senior Senator tribution and leadership that HANK has operation. from Colorado, my colleague and exhibited throughout his career. I be- I have talked to countless people who friend, Senator HANK BROWN. As he de- lieve each of my colleagues shares my attended both the Centennial games parts this Chamber after the adjourn- sentiments that we will miss HANK. and the Paralympic games, and I have ment of the 104th Congress, his service As the junior Senator from Colorado, talked to numerous individual mem- and contributions to this body, both as I believe HANK has been a true friend to bers of the International Olympic Com- a person and a legislator, will leave an the people of Colorado and an out- mittee. There was universal praise of indelible impression upon us all. standing legislator who consistently the extraordinary job that was done in I believe that anyone who knows strived to do what was best for our Na- Atlanta and elsewhere in dealing with Senator HANK BROWN shares my belief tion. My friendship with HANK has al- events that were unprecedented in that he possesses a great passion for ways transcended political affiliation. their size and scope. public service and has committed a He and I were friends when I was a All in all, more than 10,000 athletes good part of his professional career to member of the Democratic Party, and and 2 million spectators from around providing the people of Colorado with that friendship has grown since I’ve the world participated in the Olympics. distinguished and honorable service. been a Republican. Such an enduring In comparison, the Atlanta Olympic As we reflect on his career, it is ap- friendship is a rare gift, one I value games were twice the size of the 1984 parent that Hank BROWN’s’ leadership deeply. HANK and I also have shared Los Angeles Olympics in terms of the abilities were evident at a very early many experiences. Both of our wives number of participants and spectators, age, and he has built on each succes- are teachers. We both raised families in and larger than the Los Angeles and sive milestone to achieve great acclaim Colorado while serving in Congress. Barcelona games combined. More spec- for himself and for the people of Colo- Let me offer one example of the tators attended women’s events at the rado. depth of my friendship with HANK Centennial games than attended all HANK was born in Denver, CO, on BROWN. He and his wife Nan, once let events in Los Angeles. In addition, At- February 12, 1940. He received his bach- me keep my horse in their yard at lanta hosted athletes from 197 coun- elors degree and law degree from the their home in Colorado while I was at- tries around the globe. That is an addi- University of Colorado in 1960 and 1969, tending the Greeley Independence tional 57 countries above the 140 who respectively. His leadership skills were Stampede celebration. participated in the 1984 Games. To give exemplified as he served as student Mr. President, I won’t give you the my colleagues a point of reference, par- body president while completing his graphic details, but suffice it to say, ticularly for the football fans among undergraduate studies. Adding to his there were a few less flowers and a them, the Atlanta Olympic games were collegiate achievements was his ability more fertile environment in that back the equivalent of one city hosting six to also compete and earn a letter as a yard the following morning. Super Bowl games each day for 17 days member of the University of Colorado Anybody who has seen the Senators’ straight. So it was a Super Bowl times wrestling team. vehicles parked outside of the Capitol six, each day for 17 days. That was HANK served our country as a lieuten- can see that HANK has remained fis- quite an undertaking. ant in the U.S. Navy during the Viet- cally conservative. HANK’s old red pick- While much praise should be given to nam war. His leadership abilities up is just as famous or should I say in- the many workers who contributed to earned him several decorations—an Air famous, among the Colorado delega- the success of these Games, I would be Medal with two gold stars, a Vietnam tion. On days that I’m forced to drive remiss if I failed to mention some of Service medal, a National defense four wheels, both HANK’s and my staff the athletes who gave it their all in medal, and a Naval Unit Citation. He debate who drives the worst vehicle be- these Games. Who can forget the South also served in the Colorado State Sen- tween HANK and his old red pickup and African marathon runner, Josiah ate from 1972 to 1976, where he was the me and my old white coupe. With all Thugwane, the first black South Afri- assistant majority leader for 2 years. due respect to my departing colleague, can to win a Gold Medal for the unified October 1, 1996 CONGRESSIONAL RECORD — SENATE S12131 team of South Africa? Or Naim time of 11.36 seconds—that is 1.52 sec- era of modern terrorism, safety for an Suleymanoglu, endeared to all as onds shy of Donovan Bailey’s record in event of this type simply cannot be ‘‘Pocket Hercules,’’ who stunned the the Olympics. guaranteed without help from the Fed- world by lifting over his head nearly Mr. President, I also want to take eral Government. I hope the Congress triple his weight? this time to recognize and honor all of will keep this in mind as our friends in I will always remember watching Mi- the many people who dedicated their Utah prepare for the 2002 winter Olym- chael Johnson sprint across the finish time and efforts. This effort brought pic games. line. Among America’s special heroes together literally hundreds of Federal, Billy Payne expressed his apprecia- was young Kerri Strug, who as you State, local, and civic leaders, as well tion for the Department of Defense may recall, injured herself on the vault as thousands of volunteers. The At- support this way: but continued valiantly to make a sec- lanta volunteers were certainly the Thanks to the support of the Department ond leap to help ensure a team gold best in history. They were simply of Defense and the soldiers, sailors, and air- medal for the U.S. women’s gymnastics amazing, and the games could not have men who served in Atlanta during the 1996 team. I could spend all day recounting Summer Olympic Games, the safety of the been held without them. Unfortu- public and the athletes was assured. DoD and the many heroic and inspirational ac- nately, time prohibits me from men- its military forces provided the safety net complishments from the Olympic tioning all of the people who were truly and back-up law enforcement needed when games, but the story from Atlanta did instrumental in putting on the games, confronted with securing the largest peace- not end there. but I would like to recognize a few of time event in history. Just 12 days after the conclusion of them. From the explosive ordnance teams to the military police units to communications spe- the 1996 summer Olympics, another ATLANTA COMMITTEE FOR THE OLYMPIC GAMES sporting event of great magnitude oc- cialists, DoD personnel performed critical When Billy Payne originally submit- missions. Working in conjunction with law curred in Atlanta. The Paralympic ted his proposal to bring the Olympic enforcement, DoD personnel helped secure games hosted more than 3,500 athletes games to Atlanta, many people did not the village where the athletes of 197 nations from 119 nations, competing in 19 dif- take him seriously; but just ask them were housed. On the night of the tragic ferent sports. While not as large as the now. He is perhaps the best example of bombing in Centennial Olympic Park, DoD Centennial games, this was the largest personnel in the downtown area remained what Atlanta has to offer in terms of calm and at their posts, reinforcing the gathering of people with disabilities leadership and vision. His partner, ever assembled anywhere in the world. public’s perception that security authorities former Atlanta mayor, Congressman, were fully prepared to deal with the situa- Certainly it was every bit as large as and Ambassador Andy Young, provided tion. The ability of military personnel to in- the Centennial games in terms of the the key element of diplomacy needed crease their shifts and immediately provide spirit, heart, and courage of those who to convince the International Olympic more manpower to the streets was a clear competed. Committee to choose Atlanta. I should signal to the Olympic family and spectators I have been honored to work for a also thank A.D. Frazier, who did an that America was prepared for all contin- number of years in assisting the At- gencies. outstanding job, as well as the entire All who came to the Games in Atlanta are lanta Paralympic Organizing Commit- team at ACOG. tee in preparation for the Paralympics. indebted to the Department of Defense for ATLANTA PARALYMPIC ORGANIZING COMMITTEE the professional and dedicated effort of the I consider the opportunity I had to sup- troops who were part of the Summer Olym- port these games to be one of the high- My special thanks go to the Atlanta Paralympic Organizing Committee, led pics. These men and women showed the lights of my Senate career. I also had world, once again, that the soldiers, sailors, the pleasure of being a spectator at by its president, Andy Fleming. Andy and airmen of the United States military are many of the Paralympic events, and I had perhaps the most difficult chal- the finest in the world. know that the level of skill and lenge of all in leading the effort to In 1992, Congress first appropriated achievement shown by these athletes stage the Paralympic games. Faced funds to the Department of Defense for was truly outstanding by any standard. with the disadvantage of lesser name security and logistical support for the The opening ceremonies offered a recognition and financial resources, 1996 Olympic and Paralympic games. glimpse of what was to come, as a sold- the Paralympic Organizing Committee Since that time, a multitude of DoD out crowd of over 64,000 spectators put on a world class event which truly personnel have aggressively worked to watched 36 year old American moun- met the high standards set by the ensure the success and security of this tain-climber Mark Wellman light the Olympic games. Andy was assisted by significant public event. The impact of Paralympic Torch by pulling himself the able leadership, service, and great DOD support to the 1996 summer Olym- hand over hand up the 98-foot tower dedication of Harald Hansen, chairman pics is difficult to summarize in a short carrying the torch between his legs. of First Union National Bank of Geor- time. More than 13,000 active duty, Re- Mark was paralyzed from the waist gia, and David Simmons, chief operat- serve, and National Guard personnel down after a 50-foot fall while moun- ing officer for the Paralympic games. were committed in support of the tain climbing 14 years ago. He was soon DOD SUPPORT Games in Atlanta and in the other followed by Hou Bin of China who set a The 1996 Centennial Olympic and the competition cities. These military world record in the high jump on the Paralympic games were successful in members came from 45 states and terri- first day of the track and field com- large part due to the tremendous sup- tories and provided support to security petition by clearing 1.92 meters, ap- port of the Department of Defense. operations at 44 Olympic sites. proximately 6 feet, 3 inches. For those Without the assistance of the Depart- Of the men and women who came to of you unfamiliar with Hou Bin, he has ment of Defense, working in concert Atlanta, over 9,000 National Guard per- only one leg, but that did not stop him with State and local public safety offi- sonnel provided support in the form of from winning the hearts of spectators cials, the Olympics and Paralympics roving and fixed perimeter security, from around the world as he went on in could not have been held. Not surpris- command post support, route security, an attempt to break his own record. ingly, these events were too big for any and vehicular inspection. More than While he was ultimately unsuccessful, single municipal or State government 1,000 active duty soldiers, sailors, air- you would not have known that from to ensure safety and security without men, and Marines were entrusted with the roar of the crowd. appropriate help from the Federal Gov- the important responsibility of trans- Yet another stunning performance ernment. porting athletes and law enforcement was that of Troy Sachs who led the Those who won the selection of At- personnel to the secured villages and Australian men’s wheelchair basket- lanta as the Olympic venue understood venues. These drivers successfully ne- ball team to victory by scoring a at the beginning that they would be re- gotiated the crowded streets of Atlanta Paralympic record-breaking 42 points. I sponsible for providing the cost of put- more than 650 times each day. DOD rank it among the finest basketball ting on the Games, and they raised provided 33 helicopters, and military performances I have ever seen. Leading about $1.5 billion to do so. They could aviators flew 300 missions in support of the American Paralympic team was not, however, guarantee the security of the law enforcement security oper- Tony Volpentest who set a new world all the athletes and the millions of ations. DOD provided critical equip- record in the 100 meter dash, running a visitors from all over the world. In the ment to more than 60 Federal, State, S12132 CONGRESSIONAL RECORD — SENATE October 1, 1996 and local law enforcement agencies and tration staff from the DOD and the THE CHORUS GETS LARGER AND organizing committees. DOD bomb dis- Federal law enforcement agencies LOUDER ON THE YEAR 2000 COM- posal experts responded to 450 calls on whom I have not named here for all of PUTER PROBLEM suspect items; and DOD, the FBI, and their hard work. ∑ Mr. MOYNIHAN. Mr. President, last our health officials prepared for any Finally let me thank President Clin- Wednesday, September 25, I introduced kind of chemical or biological attack. ton and Vice President GORE, particu- S. 2131, a bill to establish a bipartisan A force of more than 1,300 personnel, larly Vice President GORE, whose di- National Commission on the Year 2000 from all services, was required to pro- rect personal involvement from the be- Computer Problem. In a statement as vide base camp support for the DOD ginning was vital in keeping the Fed- ominous as the problem itself, I sum- personnel supporting the Olympic eral involvement in the games focused marized the fears of the computer and games. and effective. All of us in Georgia are information technology experts on this When the tragic explosion in Centen- grateful for their support. problem. Their voices, as yet largely nial Park occurred, National Guard STATE AND LOCAL OFFICIALS unheard by Congress and the adminis- and uniformed military personnel were It goes without saying that State and tration, are multiplying. On Monday, on the scene immediately, and their local support was crucial in putting on September 16, 1996, in the publication calmness and discipline were abso- these games. The State of Georgia New Technology Week, Mark Crawford lutely indispensable in the first few spent more than $72 million on Olym- wrote about the lack of preventive ac- critical moments. Within 24 hours, pic security alone, including the sala- tion with regard to the Year 2000 Com- military personnel were able to double puter Problem and about new factors their security forces at select critical ries of law officers who were assigned concerning the timeliness and costli- locations. DOD also provided critical to full-time Olympic security duties. Not counting State prison guards, ness of this critical issue. transportation support for almost 500 Previously, I informed my Senate additional State personnel who were some 73 percent of all State of Georgia employees who have law enforcement colleagues that the cost of this prob- activated in response to the bombing lem had been estimated in the tens of to supplement state law enforcement credentials were assigned to the Olym- pics. These figures obviously do not in- billions. This article cites a recent in- resources. The Federal law enforce- dustry report that tabulated the cost ment training center depended on DOD clude fire and emergency medical per- sonnel. in the hundreds of billions. Crawford for transportation, housing, meals, and writes: ‘‘The magnitude of the problem other support for more than 900 person- Governor Zell Miller led the effort to ensure that the State of Georgia con- is reflected in estimates of the repair nel they committed to the post-bomb- bill: $300 billion for the United States ing security operations when no other tributed the appropriate resources to help construct the various venues, and $300 billion for the rest of the source was available. world.’’ Let me pause here for a moment to roads, and buildings necessary for the Until now, I had informed my fellow again express my sympathy for the games. Gary MCCONNELL, chief of staff Senators that we had until December family of Mrs. Alice Hawthorne, who of the State Olympic Law Enforcement 1999 to address this problem. Mr. died during this tragic event. Her death Command, Georgia Adjutant General Crawford writes that we have even less has sent a powerful message through- William Bland, Director Buddy Nix of time. He quotes Mr. Larry Olson, dep- out our Nation and the world about the the GBI, Colonel Sid Miles of the Geor- uty secretary for information tech- horror of acts of senseless violence and gia State Patrol and Department of nology for the State of Pennsylvania, terrorism. However, we must never for- Public Safety, and Atlanta chief of po- who argues that businesses and govern- get that this tragedy in the context of lice Beverly Harvard led the State and ments will have to fix their computer the Olympics pales beside the unspeak- local security effort. Our National codes by the end of 1998—not 1999: able personal loss and grief that have Guard units from Georgia and other ‘‘Pennsylvania’s Olson figures that befallen her family. States under the leadership of General States, Federal agencies, and compa- In addition to supporting the Olym- Bland were superb. Special thanks nies must fix their problems by the end pic games, DOD extended assistance to should also go to Atlanta Mayor Bill of 1998 in order to have adequate time the 1996 Paralympic games. Over 990 Campbell, members of the Atlanta city to run systems and identify any cata- active duty and National Guard person- council, and the Fulton County Com- strophic glitches.’’ So, not only are the nel supplied transportation, medical, missioners whose leadership was in- cost estimates rising, but the date by linguistic, logistical, and communica- strumental in preparing Atlanta to which we must address this problem tions support to 17 venues in the At- host the games. has moved up as well. lanta area. Our soldiers took great In addition, I want to thank all the We must act expeditiously. pride in participating in a project that Georgia health officials who were in- I ask that the article which appeared assisted athletes of such astounding volved in preparing for the Olympics in New Technology Week on September and great courage. Members of our and Paralympics and insuring the well 16, 1996, entitled ‘‘The Year 2000 Soft- military sadly are no strangers to the being of the spectators and partici- ware Fix Unlikely To Beat Clock’’ by impact of injury or illness that some pants. They are often overlooked, but Mark Crawford, be printed in the define as incapacitating. But the their contributions are every bit as critical. RECORD. Paralympic athletes proved by their The article follows: own performance and their tremendous I would also like to thank my fellow colleagues in the Congress who helped [From the New Technology Week, Sept. 16, courage that the definition of incapaci- 1996] tated needs reexamination by our soci- with the Olympics and Paralympics, YEAR 2000 SOFTWARE FIX UNLIKELY TO BEAT ety. especially my fellow colleagues from CLOCK I want to thank in particular Sec- the Georgia delegation. Most note- (By Mark Crawford) retary of Defense Bill Perry, Secretary worthy, of course, were Congressman The challenge that business, state and of the Army Togo West, Assistant Sec- LEWIS, Speaker GINGRICH, and Senator local government, and federal agencies face COVERDELL. Finally, I would like to retary Mike Walker, General John in changing millions of lines of code by the Tilleli, and his assistant General Bob thank my staff on the Senate Armed year 2000—so that computer record systems Hicks for their outstanding leadership Services Committee and my personal continue to function accurately in the new and support in assisting the Olympics staff for their assistance to me in millennium—is getting bigger by the day. and Paralympics. In addition to DOD working on these games. According to experts testifying September personnel, I would like to thank the Mr. President, I wish I could person- 10 before a joint hearing held by subcommit- Attorney General Janet Reno, the Dep- ally thank everyone who was involved tees of the House’s Science Committee and uty Attorney General Jamie Gorelick, in preparing for these great games. Government Reform & Oversight Committee, neither industry nor government agencies FBI Director Louis Freeh, Atlanta Di- This was literally a historic event. I will be able to make all the required fixes be- rector of the FBI Woody Johnson, and am proud to have been a part of these fore the clock strikes midnight on December Gil Childers for all their hard work. games, and I am thankful for the op- 31, 1999. The magnitude of the problem is re- Let me also recognize all the adminis- portunity. ∑ flected in estimates of the repair bill: $300 October 1, 1996 CONGRESSIONAL RECORD — SENATE S12133 billion for the United States and $300 billion make industry aware of the Year 2000 prob- YEAR 2000 AGENCY PREPAREDNESS—Continued for rest of the world (NTW, Dec. 12, 1995, p. lem and to get top management moving on 1). it. But, Miller noted, some executives have Grades At risk is the integrity of many services been slow to recognize the scope of the prob- Veterans Affairs ...... D and functions that are taken for granted— lem and make it a top priority in their orga- FEMA ...... F the management of payroll services, retire- nization. Said Miller: ‘‘They need to wake Labor ...... F ment programs, medical and health insur- up, look in the mirror, go to the office, and Energy ...... F Transportation ...... F• ance, traffic systems, information databases. start asking some questions.’’ The fix: Expand from two digits to four dig- At the state government level, said f its the date fields used in computer programs NASIRE’s Houlihan, who also is director of to designate the year. Without this modifica- the data processing oversight commission for ATOMIC VETERANS tion, many computer programs, especially Indiana, there is now a high level of recogni- ∑ Mr. WELLSTONE. Mr. President, I older software, will register ‘‘00’’ when 2000 tion of the problem. But states are moving rise to announce my intention to intro- arrives. at different speeds to address it, he said. Left unchecked, the consequences will Survey data, he said, show that 75 percent duce in the 105th Congress a companion range from minor inconvenience to devasta- of the states are still in the planning stage, bill to the provisions of H.R. 4173 which tion for some record systems and manage- with just 25 percent actually moving to im- was introduced last week by Congress- ment programs, according to industry and plement system changes. At this point, man Lane Evans, who is an exception- government analysts. The problem is equally Houlihan said, state projections for finishing ally dedicated and effective advocate daunting for companies, many of which are software program modifications range from for all veterans, including atomic vet- only now beginning to understand it, accord- 1997 to December 1999. The size of the prob- erans. This important legislation ing to Larry Olson, deputy secretary for In- lem varies from state to state—ranging from would grant atomic veterans the pre- formation Technology for the state of Penn- 300,000 lines of code to 97 million lines. sylvania. What states that are moving aggressively sumption of service-connection for Olson’s state has started an aggressive out- to tackle the Year 2000 program, such as eight additional illnesses: Bone cancer; reach program aimed at prodding companies Pennsylvania, fear is that the federal gov- colon cancer; nonmalignant thyroid located there to attack the problem. And ernment at this late juncture may step in nodular disease; parathyroid cancer; large national companies also are moving ex- with rules and standards that could slow ovarian cancer; brain and central nerv- peditiously on the matter, particularly in their efforts—or, worse yet, cause them to ous system tumors; unexplained bone the securities industry, where it’s essential modify program changes that have already marrow failure; and meningioma. Were to maintain date-critical information on been made. stock trades, retirement accounts, and other NASIRE’s Houlihan said that what states this bill to be enacted, it would ensure financial transactions. do want is a quick determination by federal that atomic veterans receive com- Despite the potential for havoc, industry agencies on the level of funding that might pensation for six diseases for which and government agencies have been moving be provided to assist state governments and Marshall Islanders now automatically slowly to address the problem. And now both localities in fixing information systems that receive compensation under the Mar- legislators and computer industry officials support or interact with federal programs. shall Islands Nuclear Claims Tribunal fear there could be serious—not to mention The costs of modifying date fields in com- Act and two diseases the VA accepts as costly—problems created. puter programs is daunting at a macro level. Why? Daniel Houlihan, first vice president The estimate of $600 billion worldwide is radiogenic but does deem to be pre- of the National Association of State Infor- based on an estimate of $1 for each line of sumptively service-connected. mation Resource Executives (NASIRE), code that must be changed. Most of that dol- I am convinced that enactment of the noted that there has been little direction lar is used not in making the change, but in provisions of H.R. 4173 would help to from Washington on the matter. ‘‘There is conducting subsequent tests to make sure rectify an injustice or, to put it more no leadership on a uniform solution across that affected programs continue to function accurately, a series of injustices in- the states,’’ said Houlihan. properly. flicted by our Government over the That criticism is not hard for Rep. Stephen Just what it will cost companies and gov- past 50 years on atomic veterans who Horn (R-Calif.), chairman of the Subcommit- ernments to bring their software programs tee on Government Management, Informa- into compliance is expected to vary widely, served our country bravely, tion, and Technology, to accept. In July he depending on how old the programs are and unquestioningly, and with great dedi- disclosed results of a survey conducted by whether all the underlying source code is cation. his panel that showed few federal agencies to available. Pennsylvania estimates that re- If there’s any doubt about the need to be moving aggressively on the issue (see pairing the date fields in its payroll system expand the list of presumptive diseases, chart, bottom). will involve changing 10,000 lines of code at a it should have been dispelled by the Most of the government’s large agencies cost of $7,500. final report of the President’s Advisory were graded D or F on their level of prepara- While getting a fix on the accuracy of cost Committee on Human Radiation Ex- tion to address the Year 2000 problem. The estimates is hard at this time, ITAA’s Miller Department of Defense got a C and the Nu- warned that there is certain to be upward periments which was issued almost a clear Regulatory Agency a B, while the So- pressure on costs—because of a shortage of year ago. The report’s recommenda- cial Security Administration was one of four qualified programmers. Miller said that tions echoed many of the complaints agencies out of a total of 24 surveyed to get ITAA, in fact, is concerned that industry and that atomic veterans have had for an A. Said Horn of the state of readiness in government demand will be so great that fly- years about the almost insuperable ob- the federal government: ‘‘There were very by-night companies could spring up and cre- stacles they face when seeking ap- few As, Bs, and Cs. There were a lot of Ds ate nightmares for unsuspecting firms. proval of their claims for VA com- To ward off this problem, ITAA is launch- and Fs.’’ pensation. The report urged an inter- It’s not likely that federal agencies, state ing a certification program that will help governments, or businesses will be able to companies and government agencies select agency working group to work ‘‘in con- make all the computer program changes firms that have the required capabilities to junction with Congress’’—I repeat in needed by 2000, said Houlihan. Government make software modifications. conjunction with Congress—to prompt- agencies and companies alike, he stressed, ly address the concerns expressed by should focus on ‘‘identifying critical pro- YEAR 2000 AGENCY PREPAREDNESS atomic veterans. Among these con- grams that will be affected and get those cerns cited by the committee are sev- Grades changes done first.’’ eral that I’ve long believed need to be Indeed, Pennsylvania’s Olson figures that International Aid ...... A urgently addressed, including: states, federal agencies, and companies must Personnel (OPM) ...... A fix their problems by the end of 1998 in order Small Business ...... A The list of presumptive diseases for Social Security ...... A which atomic veterans automatically to have adequate time to run systems and Education ...... B identify any catastrophic glitches. Nuclear Regulatory ...... B receive VA compensation is incomplete Only in the last year or so have industry State ...... B and inadequate. and government begun to attack the problem Defense ...... C Treasury ...... C The standard of proof for atomic vet- with any intensity to understand the full Science Foundation ...... C erans without a presumptive disease scope of the records that must be modified. Agriculture ...... D can’t be met and are inappropriate ‘‘I am afraid that some of the folks don’t rec- Commerce ...... D Environmental Protection ...... D given the incompleteness of exposure ognize that they have a problem,’’ said Rep. General Services ...... D John Tanner (D–Tenn.). Health and Human Services ...... D records retained by the Government. Harris Miller, president of the Information Housing (HUD) ...... D Time and money spent on contrac- Interior ...... D Technology Association of America (ITAA), Justice ...... D tors and consultants in administering said his organization is doing all it can to NASA ...... D the claims program, particularly the S12134 CONGRESSIONAL RECORD — SENATE October 1, 1996 dose reconstructions required for most to ensure that they had not suffered connection for atomic veterans while Mar- atomic vets filing claims with the VA, adverse health effects as a consequence shall Islanders receive an irrebuttable pre- would be better spent on directly aid- of their exposure to radiation. Many sumption for 25 medical conditions [now 27 conditions]? Why does our government con- ing veterans. members of the 216th have already tinue to put the needs of its veterans behind With regard to the last two concerns, died, often of cancer, some as long as 20 those of other groups, such as the Marshall it is important to note that the Advi- years ago. It should be obvious to all Islanders? . . . Congress should consider sory Committee found that the Govern- why these men now refer to themselves making all the recognized ‘‘radiogenic dis- ment didn’t create or maintain ade- as ‘‘the Forgotten 216th.’’ eases’’ and any other disease, illness or dis- quate records regarding the exposure, For 50 years, atomic veterans have ability that others, such as the Marshall Is- identity, and test locale of all partici- been one of America’s most neglected landers are being compensated for, diseases pants. This finding casts serious doubt groups of veterans. For almost 40 years for which presumptive service connection is on the ability of the Government to there were no provisions in Federal law granted. come up with accurate dose reconstruc- specifically providing veterans com- I couldn’t agree more with the DAV’s tions on which the approval of claims pensation or health care for service- cogent analysis and this is one of the for VA compensation of many atomic connected radiogenic diseases. Even reasons I’m determined to ensure that veterans depend. now, with laws on the books covering atomic veterans are granted service- In sum, there’s no doubt that the re- radiogenic diseases on both a presump- connected compensation for all radiogenic diseases. port of the President’s Advisory Com- tive and nonpresumptive basis, the rate The cover of every copy of the Atom- mittee strongly buttresses the case for of VA approval of atomic veterans’ ic Veteran’s Newsletter, the publica- expanding the list of radiogenic dis- claims is abysmally low. tion of the National Association of eases for which atomic veterans must Mr. President, in this connection, Atomic Veterans, contains the simple receive the presumption of service-con- permit me to quote from the testimony but eloquent statement: ‘‘the atomic nection and, therefore, for enacting the of Mr. Joseph Violante of the Disabled veteran seeks no special favor . . . sim- provision of H.R. 4173 in the next Con- American Veterans before a House sub- ply justice.’’ gress. committee on April 30, 1996: Mr. President, I urge my colleagues Mr. President, for almost 3 years I’ve The DAV believes that a great injustice from both sides of the aisle to join me been deeply moved by the plight of our has been done to America’s Atomic veterans in supporting the valiant and long atomic veterans and their families, and and their survivors. . . . Only 10 percent of struggle of atomic veterans for justice frankly dismayed and angered when I those atomic veterans who seek compensa- tion for . . . disabilities are granted service by strongly backing the bill that I plan have learned of the many injustices to introduce next year and in fighting they’ve experienced over the past 50 connected benefits, although the VA cau- tions that ‘‘it cannot be inferred from this for its enactment. years. My mentors on this issue have number that service-connection was nec- I dedicate this statement to the been Minnesota atomic veterans, par- essarily granted on the basis of radiation ex- members and families of ‘‘The Forgot- ticularly veterans of the U.S Army’s posure.’’ . . . As of April 1, 1996, VA statistics ten 216th’’ who have educated me about 216th Chemical Service Company who show that there have been a total of 18,515 the plight of atomic veterans and participated in ‘‘Operation Tumbler radiation [claim] cases. Service connection whose courage and perseverance I shall Snapper,’’ a series of eight atmospheric has been granted, as of April 1, in 1,886 cases. always admire. nuclear tests in Nevada in 1952. They .. . Statistics current as of December 1, 1995, I ask that excerpts of the statement are an extraordinary group of Ameri- demonstrate that of the total number of of Mr. Joseph Violante of the Disabled cases in which atomic veterans have been American Veterans before the Sub- cans who despite their many trials and granted service-connection, 463 involve the tribulations have not lost faith in this granting of presumptive service connec- committee on Compensation, Insur- country and believe and hope they will tion. . . ance and Memorial Affairs, House Com- one day receive the recognition and To sum up, if we were to exclude the mittee on Veterans’ Affairs, April 30, compensation that is due them. 463 veterans who were granted pre- 1996, be printed in the RECORD. The excerpts follow: Mr. President, since January 1994, I sumptive service connection, atomic STATEMENT OF JOSEPH A. VIOLANTE have had numerous meetings and con- veterans had an incredibly low claims tacts with the men of the ‘‘Forgotten Mister Chairman and Members of the Sub- approval rate of less than 8 percent. committee: 216th’’ and their families. Since their And of this low percentage, an indeter- problems typify those of other atomic On behalf of the more than one million minate percentage may have had their members of the Disabled American Veterans veterans nationwide, permit me to tell claims granted for diseases unrelated (DAV) and its auxiliary, I wish to thank you you about veterans of the U.S. Army’s to radiation exposure. Moreover, in the for this opportunity to present DAV’s views 216th Chemical Service Company and roughly 7-year period following the 1988 on the controversy surrounding access to De- about why they now term themselves partment of Veterans Affairs (VA) medical enactment of a law granting atomic treatment and VA disability compensation the ‘‘Forgotten 216th.’’ veterans service connection on a pre- When the men of ‘‘The Forgotten for veterans exposed to ionizing radiation, sumptive basis for certain radiogenic 216th,’’ about 50 percent of whom were referred to hereinafter as ‘‘atomic veterans.’’ disease to a degree of 10 percent dis- At the outset, Mr. Chairman, we wish to Minnesotans, participated in ‘‘Oper- ability or more, only 463 claims of pre- thank you, Ranking Democratic Member ation Tumbler Snapper,’’ they believed sumptive diseases have been improved. Representative Evans, and the members of their Government’s assurances that it this subcommittee for scheduling today’s By any standard, the VA’s record of ap- would protect them against any harm, oversight hearing regarding the problems ex- proving veterans’ claims based on dis- but now are convinced they were used perienced by atomic veterans with respect to abilities linked to radiogenic diseases as guinea pigs with no concern shown access to VA health care and disability com- is a sorry one. pensation. Clearly, action taken by this sub- for their safety. Many were sent to Mr. President, permit me to quote committee will materially affect the lives of measure fallout at or near ground zero further from the eloquent and persua- America’s citizen/soldiers who were placed in immediately after a nuclear bomb sive testimony of Mr. Violante: harm’s way by our government for the sole blast, encountering radiation so high purpose of obtaining first-hand evidence It cannot be overemphasized that radiation about the effects of exposure to ionizing ra- that their geiger counters literally claims are wrongfully denied because of in- went off the scale while they inhaled diation. accurate reconstructed dose estimates used As my testimony will show, some atomic and ingested radioactive particles. as the basis for the determination that the veterans have not received adequate health They were given little or no protection, estimated minimal level of exposure experi- care treatment for the ailments believed to sometimes even lacking film badges to enced by the atomic veteran was insufficient be associated with radiation exposure. Nor measure their exposure to radiation to cause the cancer or other disease ravish- have the vast majority of atomic veterans and were not informed of the dangers ing the atomic veteran’s body. The reality is been compensated for their residual disabil- they faced. Moreover, they were sworn that atomic veterans are fighting a losing ities. The remedial legislation passed by battle, not only with the disease or diseases Congress over the years has not had the de- to secrecy about their participation in that have taken away their good health, but sired effects and must be revisited in order nuclear tests, sometimes denied access with the very government that put them in to provide meaningful health care and dis- to their own service health records, harm’s way. . . . . Why are only 15 diseases ability compensation for this group of veter- and provided with no medical follow-up given a rebuttable presumption of service ans. October 1, 1996 CONGRESSIONAL RECORD — SENATE S12135 As you know, Mr. Chairman, the issue of when the radiation source is outside the there was no legal limitation to establishing ionizing radiation and its potential adverse body. External exposure can come from service connection for residuals of ionizing health effects have been present for more standing in a cloud of radioactive gas, swim- radiation exposure. Service connection for a than 50 years. Atomic veterans and their ming in water that has radioactive material disability is generally established when a loved one have been patiently waiting for an- in it, or x-rays. Internal radiation exposure veteran’s present condition can be reason- swers from the scientific and medical com- occurs when radioactive material is taken ably related to an injury or disease which is munities, as well as responses to their con- into the body by such means as eating, shown to be incurred coincident with service. cerns from Congress and the VA. Unfortu- breathing, drinking, or through cuts or See 38 C.F.R. § 3.303(a). Determination of nately, all too often those answers were not breaks in the skin. Both external and inter- service connection is based on a broad and forthcoming. Nor does it appear that defini- nal radiation exposure can directly harm in- liberal interpretation of the law consistent tive answers will ever be known. For each ternal organs, cells, and tissues. with the facts in each individual case. Id. It study done concluding one point, another After radioactive material is taken into has long been the VA’s policy that any con- study surfaces to discount the findings of the the body, some of it may enter the blood- dition which can be attributed to service prior report. Thus, the debate rages, with no stream. This blood then flows through var- shall be granted direct service connection, apparent end in sight. ious organs and tissues in the body, provid- no matter how long after service the condi- Before I get into the specifics of VA health ing them with material necessary for their tion first became manifest. See 38 C.F.R. care for atomic veterans, let me state that functioning. The body does not distinguish § 3.303(d). However, because of the difficulty atomic veterans experience the same frustra- between radioactive and nonradioactive ma- in proving causation in ionizing radiation tions as all other veterans who attempt to terials. Sometimes, radioactive substances cases, and the significantly small number of access the VA health care system—a system concentrate primarily in one organ of the inadequate to meet veterans’ medical needs claims which had been allowed. Congress, in and their demand for services. The crisis in body and that organ, therefore, receives a 1984, recognized that, statistically, there was VA health care results from years of inad- larger dose of radioactive substance than do enough of an association between some dis- equate funding and a ‘‘patchwork’’ approach other organs. Other times, the radiation sub- eases and radiation exposure to establish to addressing the health care needs of veter- stance is distributed throughout the body. them as ‘‘radiogenic.’’ Congress responded by ans. In addition, atomic veterans believe The dose received by different parts of the enacting remedial legislation, the Act, that their particular medical needs are not body depends on a number of factors, includ- whereby a veteran suffering from a being adequately met because the physicians ing whether the radiation substance dis- ‘‘radiogenic disease,’’ was not required to who examine them, for the most part, do not solves easily in the blood, the type and en- submit evidence of causation. . .. have expertise in the harmful effects pro- ergy of the radioactive material, the amount The stated purpose of the 1984 Act is ‘‘to duced in body tissue by exposure to ionizing of radioactivity present, and its distribution ensure that [VA] disability compensation is radiation to properly diagnose their illnesses in the body. provided to veterans who were exposed dur- and injuries. In fact, some atomic veterans The radioactive substance, once taken into ing service . . . to ionizing radiation . . . for honestly believe that these physicians are the body, will continue to give off radiation all disabilities arising after service that are ‘‘intent on not encouraging radiation claims until either it has decayed or is eliminated connected, based on sound scientific and and, therefore, play down the medical prob- from the body through normal metabolism. medical evidence, to such service. . . .’’ The lems’’ of atomic veterans. The rate of decay depends on the radioactive Act, § 3. Congress’s findings included: There Generally speaking, receiving disability substance’s half-life—the time required for a is scientific and medical uncertainty regard- compensation from the VA is another frus- radioactive substance to lose one-half of its ing the long-term adverse health effects of trating aspect of the ionizing radiation de- activity by radioactive decay. Half-lives for exposure to ionizing radiation. Id. § 2(2). Due bate. All too many radiation claims are de- different radioactive substances vary from to the long latency period involved, radi- nied due to the unanswered questions from hours to thousands of years. Plutonium, for ation claims present adjudicatory issues the scientific and medical communities, the example, has a half-life of 24,100 years. which are significantly different from issues apparent failure of dose reconstruction For obvious reasons, researchers know generally presented. Id. § 2(12). ‘‘It has al- methods to adequately reflect the true ex- more about the effects of high-dose radiation ways been the policy of the [VA] and is the tent of radiation exposure experienced by on the immune system than about low-dose policy of the United States, with respect to atomic veterans, and the inability to obtain radiation exposure. High-dose radiation is individual claims for service connection . . . meaningful adjudication of radiation claims. defined as any exposure above fifty rad to that when, after consideration of all evi- All too often, atomic veterans, their depend- the whole body. A rad is the unit of radiation dence and material of record, there is an ap- ents and survivors are denied compensation dose used to measure the amount of energy proximate balance of positive and negative from our government for the residual illness, a body absorbs from ionizing radiation. In- evidence . . . the benefit of the doubt in re- disease, or death allegedly associated with formation on the effects of high-dose radi- solving each such issue shall be given to the exposure to ionizing radiation while others, ation exposure comes from studies of Japa- claimant. Id. § 2(13). such as the Marshall Islanders, receive com- nese atomic bomb victims, radiation acci- Presently, the VA recognizes 20 diseases as pensation from the United States Govern- dents, such as the accident at Chernobyl, and ‘‘radiogenic diseases’’—a disease that may be ment for the same disability(ies). studies of Marshall Islanders exposed to radi- induced by ionizing radiation—under § 3.311. Before getting to the specifics of my testi- ation fallout from nuclear tests in the 1950s. These ‘‘radiogenic diseases’’ include leuke- mony regarding access to VA health care and Less is known about low-dose exposure— the payment of disability compensation for mia, other than chronic lymphocytic leuke- less than fifty rads to the whole body—and mia; breast cancer; lung cancer; bone cancer; atomic veterans, I would note for the record its effect on the immune system because of that the DAV membership, present at our liver cancer; skin cancer; esophageal cancer; the delayed period of time between the inci- stomach cancer; colon cancer; pancreatic National Convention in Las Vegas, Nevada in dent of exposure and the development of the July 1995, adopted a resolution in support of cancer; kidney cancer; urinary bladder can- disease. The late effects may show up cer; salivary gland cancer; multiple a military medal to recognize and honor the months, years, or even decades after the ex- courage, sacrifice and devotion to duty of myeloma; posterior subcapsular cataracts; posure. . . . non-malignant thyroid nodular disease; ovar- those veterans exposed to ionizing radiation Many mistrust the agency established to during military service. This is but a small ian cancer; parathyroid adenoma; and tu- care for them—the VA—because it is part of step towards recognizing the honorable serv- mors of the brain and central nervous sys- the government, a government they perceive ice of these brave men and women, and we tem. as covering up the true facts about the ex- call upon the members of this subcommittee Pursuant to the provisions of 38 C.F.R. tent of their exposure and the adverse health to support such legislation. § 3.311, an atomic veteran diagnosed with a effects associated with the exposure. While I also call your attention to another reso- recognized ‘‘radiogenic disease’’ can have his Congress has enacted a number of laws to lution passed by the delegates at our last Na- or her claim for direct service connection for provide atomic veterans with priority access tional Convention in Las Vegas, Nevada, not- residuals of exposure to ionizing radiation to VA health care and VA disability com- ing the inaccuracy of dose reconstruction es- adjudicated by the VA, notwithstanding the pensation for their illnesses, diseases, and timates provided by the Defense Nuclear fact that the atomic veteran does not have disabilities due to exposure to ionizing radi- Agency (DNA) and calling for the condemna- any medical evidence to establish a cause ation, very few atomic veterans are able to tion of this action by DNA as well as urging and effect relationship between his exposure access the VA health care system and re- the VA to undertake a review of the accu- to ionizing radiation and his diagnosed ceive adequate care and treatment. Even racy of dose reconstruction estimates by ‘‘radiogenic disease.’’ Otherwise, (based on a fewer atomic veterans and their survivors DNA. Your kind attention to this matter recent court decision discussed infra) an are able to establish entitlement to VA dis- would be greatly appreciated. atomic veteran who believes that his or her ability compensation benefits. . .. At the very least, our government needs to disability, not found on the list of take immediate action on these two items. VA DISABILITY COMPENSATION BENEFITS ‘‘radiogenic diseases,’’ may have his or her CONTROVERSY SURROUNDING POTENTIAL Prior to the enactment of the Veterans’ claim for service connection on a direct basis HEALTH EFFECTS OF EXPOSURE TO IONIZING Dioxin and Radiation Exposure Compensa- adjudicated by the VA providing the atomic RADIATION tion Standards Act, Pub. L. No. 98–542, 98 veteran has medical evidence to support the Radiation exposure may be external or in- stat. 2725 (1984) (‘‘the Act’’), the authority for claim. Once the atomic veteran has dem- ternal. External radiation exposure occurs 38 C.F.R. § 3.311 (formerly 38 C.F.R. § 3.311b), onstrated that he or she suffers from a S12136 CONGRESSIONAL RECORD — SENATE October 1, 1996 ‘‘radiogenic disease’’ or provides medical evi- ticipants were supposedly exposed to one The DAV commends this subcommittee for dence of a cause and effect relationship be- rem or less of external doses of ionizing radi- it’s recent, favorable action on adding tween his or her disability and exposure to ation. It is extremely difficult to believe, bronchiolo-alveolar carcinoma, a form of ionizing radiation, the VA, pursuant to § 3.311 based on the statements made by partici- lung cancer, to the list of diseases presumed must obtain a dose estimate as to the range pants, that their total exposure was so mini- to be service-connected for veterans exposed of doses to which the atomic veteran may mal. The DAV believes that a great injustice to ionizing radiation. As stated above, how- have been exposed. Final review of direct has been done to America’s atomic veterans ever, all recognized ‘‘radiogenic diseases’’ in- service connection claims based on exposure and their survivors. As will be discussed cluding lung cancer should be added to the to ionizing radiation is conducted by the later, only ten percent of those atomic veter- list of diseases presumed to be service-con- Under Secretary for Benefits, who may ob- ans who seek compensation for their residual nected. . . . tain and consider any opinion of the Under disabilities are granted service-connected In closing, I would like to refer to a phrase Secretary for Health in reaching his deter- benefits, although the VA cautions that ‘‘[i]t which appears on the Atomic Veterans’ mination whether the atomic veteran’s dis- cannot be inferred from this number that Newsletter, published by the National Asso- ease resulted from radiation exposure in service connection was necessarily granted ciation of Atomic Veterans, Inc. that states: service. on the basis of radiation exposure.’’ In other ‘‘The atomic veteran seeks no special favor Mr. chairman, although § 3.311 was passed words, although the atomic veteran claimed . . . simply justice.’’ This justice is long by Congress in 1984 as remedial legislation, residual disability as a result of his exposure overdue. DAV encourages this subcommittee designed to assist atomic veterans and their to ionizing radiation, the claim could have to do everything necessary to ensure that survivors in obtaining compensation for ill- been allowed under general principles estab- this group of forgotten veterans—atomic vet- nesses, diseases, disabilities, and death due lishing service connection such as the dis- erans—receive meaningful justice from our to exposure to ionizing radiation, this legis- ease or illness was evidenced in the service lation has benefited very few atomic veter- government. medical records, etc. . . . This concludes my statement. I would be ans or their survivors. Until recently, the VA Adjudication of radiation claims pursuant considered the list of ‘‘radiogenic diseases’’ happy to answer any questions you may to 38 C.F.R. 3.311 have been a total failure. have.∑ as an exclusive list thereby refusing to con- With almost 95% of atomic veterans failing f sider any claims for direct service connec- to establish service connection for their ill- tion for residuals of radiation exposure if the ness, disease, or disability, the remedial leg- THE OMNIBUS APPROPRIATIONS atomic veteran or his or her survivors could islation passed in 1984 has not provided not demonstrate that the atomic veteran atomic veterans with meaningful consider- BILL suffered from a listed ‘‘radiogenic disease,’’ ation of their claims. The present statistical regardless of the evidence submitted in sup- ∑ Mr. KERRY. Mr. President, even in data showing an extremely high denial rate an age of spin control, when it is often port of the claim. The VA’s practice of adju- has changed very little since 1984 when dicating only those claims where the atomic difficult to wade through the rhetoric former Senator Cranston expressed the need to find the truth, it is possible to deter- veteran suffered from a recognized for this remedial legislation. ‘‘radiogenic disease’’ was overturned by the In May 1988, aware that something more mine the true measure of a govern- United States Court of Appeals for the Fed- was needed, Congress passed Pub. L. No. 100– ment. That measure can be found quite eral Circuit on September 1, 1994, in Combee 321, § 2(a), 102 Stat. 485, which grants service revealingly in the budget. For it is in vs. Brown, 34 F.3d 1039, 1045 (Fed.Cir. 1994). connection on a presumptive basis for cer- the budget that the priorities become Once an atomic veteran seeking direct tain diseases becoming manifest in an atom- service connection for residuals of exposure clear. It is in the budget that the rhe- ic veteran to a degree of 10% or more. Cur- torical claims can be separated from to ionizing radiation has established that he rently, the list of presumptive diseases, a or she suffers from a recognized ‘‘radiogenic total of 15 in all, include: leukemia, other the real claims. In Elizabethan Eng- disease’’ or have provided the VA with medi- than chronic lymphocytic leukemia; thyroid land, as the old saw tells us, the proof cal evidence of a cause and effect relation- cancer, breast cancer; cancer of the pharynx; may have been in the pudding. But in ship, the burden of proof then shifts to the esophageal cancer; stomach cancer; cancer of modern day America, the proof of an VA for consideration of the case on the mer- the small intestine; pancreatic cancer; mul- administration’s or a political party’s its. It is at this point that atomic veterans tiple myeloma; lymphomas, except Hodg- face their greatest obstacle in establishing claims is in its budget proposals. kin’s disease; bile duct cancer; gall bladder We have just come through two ex- their entitlement to service connection. cancer, primary liver cancer, except if cir- Dose estimates and dose reconstruction data rhosis or hepatitis B is indicated; salivary ceptionally challenging years. The Re- for the various radiation tests are handled gland cancer; and urinary tract cancer. publican Party, led by Speaker of the by the Defense Nuclear Agency. While 20 diseases are recognized as House NEWT GINGRICH and then-Senate In more cases than not, no actual individ- ‘‘radiogenic diseases’’ pursuant to 38 C.F.R. majority leader and now Presidential ual exposure record is available for the § 3.311, only 15 diseases are presumed to be atomic veteran, and reconstructed dose esti- nominee Bob Dole, sought to upend service-connected as a result of exposure to mates routinely fail to provide an accurate government—to eliminate or slash ionizing radiation. Yet, pursuant to the Mar- estimation of the level of radiation exposure service after service upon which Amer- shall Islands Nuclear Claims Tribunal Act, 25 experienced by the atomic veteran. Film icans depend. The effect of their ef- separate medical conditions are irrebuttably badges, not issued to all participants in nu- forts, had they been successful, would clear tests, did not provide a complete meas- presumed to be the result of radiation expo- sure and Marshall Islanders are compensated have been to heap on the rich and the ure of radiation exposure, since they were powerful in this Nation even greater not capable of recording inhaled, ingested, or for these disabilities. It is difficult to under- neutron doses, or often shielded during the stand the lack of consistency in these lists. riches and power. Those additional detonation, and were worn for only limited Why are only 15 diseases given a rebuttable riches and power would have come at periods during and after each nuclear deto- presumption of service connection for atom- the expense of working Americans, at nation. ic veterans while Marshall Islanders receive the expense of the environment which Many atomic veterans who participated in an irrebuttable presumption for 25 medical we have been laboring for decades to conditions? Further, at the very least, why the nuclear tests in the Pacific report visit- clean up, at the expense of those who ing these islands a short time after the test are not all 20 ‘‘radiogenic diseases’’ presumed detonation and eating locally grown fruits to be service-connected as a result of ioniz- need health care, at the expense of and swimming in the lagoons. Atomic veter- ing radiation exposure pursuant to 38 U.S.C. children and young people seeking ans who participated in the Nevada test sites 1112(c)? Why does our government continue quality education, at the expense of report being covered in fallout dust which to put the needs of its veterans behind those those who have been victimized by was either brushed off of them by hand or of other groups, such as the Marshall Island- crime, drug abuse, and domestic vio- with brooms. Many report being transported ers? America’s veterans should always be lence, at the expense of America’s fu- to mess halls shortly after walking through considered a special and unique group for ture. having served their nation with honor. ... ‘‘ground zero’’ and not being able to properly The Republican Party correctly iden- clean themselves before eating. These fac- Congress should consider making all the tors are extremely important in determining recognized ‘‘radiogenic diseases,’’ and any tified the importance of gaining con- a proper reconstructed dose estimate; how- other disease, illness, or disability that oth- trol of our Nation’s fiscal household, ever, it does not appear that the partici- ers, such as the Marshall Islanders, are being but then threw wisdom and prudence to pant’s comments are used to further the compensated for, with those diseases for the wind, and concluded that the only analysis with regards to the dose reconstruc- which presumptive service connection is legitimate objective was to slash Fed- tion estimate. Without accurate recon- granted. The Marshall Islanders have an eral spending, regardless of how or irrebuttable presumption, at the very least, structed dose estimates, atomic veterans and where, regardless of the harm that their survivors find it virtually impossible to America’s atomic veterans should receive a obtain the benefits they seek. rebuttable presumption for all diseases, ill- would be caused to our Nation and its All too often, reconstructed dose estimates nesses or disabilities for which others are people as a result of those actions. show that the overwhelming majority of par- compensated. Paradoxically, the only large category October 1, 1996 CONGRESSIONAL RECORD — SENATE S12137 of discretionary spending Republicans courage and resolve. I commend White center, which offers information about excepted from their frenzied assault House Chief of Staff Panetta and his cultural and natural resources was that for armies and weapons, de- staff, the Office of Management and throughout Essex County, remains spite the fact that the cold war ended Budget, and others from the Adminis- open year-round. These increased funds over 5 years ago, and that, for the first tration who were involved. Also deserv- will help the site to accommodate the time in 50 years, we have no super- ing of praise are Senate Democratic growing number of visitors to the park, power adversary. Leader TOM DASCHLE and his staff, Ap- which has grown by at least 30 percent The budget the Republicans brought propriations Committee ranking Dem- since 1990, and exceeded 1 million in forward last year dramatized this ex- ocrat ROBERT BYRD and his staff, and 1992. tremist philosophy. It portrayed a sin- the subcommittee ranking members The site is also completing construc- gular absence of vision, confirming and their staffs. tion of the sailing vessel Friendship, an that the Republican party neither un- While none of us has ever seen a exhibit dedicated to the master crafts- derstood nor subscribed to the concept budget that is identical to the one he men shipbuilders of the 18th century. of investment in the future by our Gov- or she would have proposed, the budget This funding will also go toward oper- ernment on behalf of this Nation’s citi- that emerged from the negotiations in ating the Salem site. With its authen- zens. the wee hours of this past Saturday tic replica of the historic Friendship The Democrats in the Senate and the morning is one that I can support. It is nearly completed, it offers an edu- House, led by President Clinton, re- true that the portions that address our cational opportunity for children and jected this extreme agenda. We did not Government’s domestic services gen- their families that can be a model for shy from the fierce conflict the Repub- erally are preferable to the portion similar parks in the State. licans promised if anyone dared chal- that addresses defense; the defense por- I am also pleased, Mr. President, that lenge their zealous actions to demolish tion provides more funding than we funds have been approved for continued vital services. need in the post-cold-war era to ensure maintenance, protection, and develop- After nearly a year of pitched battle our national security. We have pressing ment of the Lowell National Historic over the 1996 budget—that resulted in domestic needs to which this surplus Site, and to continue the 17-year ef- several Government shutdowns—it be- defense funding would be more bene- forts of the Lowell Historic Preserva- came clear even to the Republicans ficially targeted. And some of this ex- tion Commission. The operating in- that the American people did not sup- cess funding beyond the Defense De- crease of $404,000 is required to con- port their objectives or their approach. partment’s request should be used to tinue operations in the park that com- A budget finally was enacted halfway further reduce the deficit, a vital ob- memorates the birthplace of the Amer- through the fiscal year that came jective. ican Industrial Revolution. Located in much closer to reflecting the principles Not only for this reason—but signifi- downtown Lowell, the park includes the Boott Cotton Mills Museum, ‘‘mill and priorities Democrats had consist- cantly for this reason—this legislation girl’’ boarding houses, and the Suffolk ently said the American people sup- could be better; it could be stronger; it Mill turbine, and offers guided tours ported. could be fairer. But it passes the depicting how the transition was made But while the Republicans acknowl- threshold test. With many reserva- from farming to industry, the history edged tactical defeat, they had not yet tions, I voted for it because it is better of immigrants and labor in Lowell, and learned the lesson. Once again, in the than anything we’ve seen in the past 2 the development of industrial tech- form of the 1997 budget, they showed years; it is better than we were afraid nology. Although the economy in Low- we would see this year; and it protects their true colors. Once again, they ell has not been strong in the past few and in some cases enhances some vital launched forth in pursuit of an extrem- years, the tourist industry has been a ist agenda to cut education funding, services for the American people. In staple of the city’s livelihood. The Na- cut job training, cut health care, cut some cases the best that can be said for tional Park Service conducts tours law enforcement assistance, cut assist- it is that it preserves important serv- that take visitors around the city, via ance to small businesses, cut programs ices through another year so that we canals, trolleys, and walking tours. to help American companies more ef- may return to attempt to allocate suf- With the addition of professional base- fectively compete with foreign firms. ficient resources to them next year. ball and hockey teams, there are now Again, the Clinton administration But that was enough to secure my more reasons than ever to visit Lowell, and congressional Democrats met them vote. and its historic preservation efforts head-on. Today we have reached the I would like to mention several of the will reflect the renewed interest in the end of this second budget campaign of bill’s components that are of particular city. the 104th Congress. Once again, because importance to Massachusetts and the To many of us, classic American po- the congressional Democrats more ac- Nation. etry and Henry Wadsworth Longfellow curately reflected the values and views PARKS AND INTERIOR are synonymous. His home, a national of the American people, the Repub- I am proud of the rich historical her- historic site, will justifiably receive an licans’ budget has been repudiated in itage of my State of Massachusetts and operating increase of $112,000. Long- large measure. This time, in fact, the I am pleased to support funding for fellow lived in this residence for nearly battle has been won with far less blood- many of the State’s historic sites in 50 years while teaching at Harvard. shed and in far less time. The Repub- the continuing resolution for fiscal This house was also General George licans, knowing they did not have the year 1997. Washington’s headquarters during the support of the majority of the Nation, The first historic site, established in siege of Boston in 1775. In addition, the and knowing the elections are only 1938, the Salem National Historic Site, Longfellow National Historic Site weeks away, ran up the white flag al- represents a slice of Massachusetts life manages one of the largest and most most as soon as the battle was really from the 17th through the 19th cen- important fine arts collections in the joined. turies, when Salem traded with the National Park Service. Unfortunately, Mr. President, the American people East Indies and throughout the world, recent cutbacks in funding have forced are the winners. The future of our Na- opening new markets for exports and the Park Service to close its door for 6 tion is the winner. I am relieved and importing treasures from far away. The months a year, thus ending public heartened to see that our democratic site includes 18th- and 19th-century tours and student programs from No- process has operated in such a way as wharves, the Custom House, the West vember to May. Countless historic to earn our faith and confidence. India Goods Store, and the 17th-cen- books and textile exhibits have dete- With the leadership of President tury Narbonne-Hale house, where local riorated. Moreover, the vast majority Clinton and his administration, we craftsmen worked. In June 1994, the of the archives remain uncatalogued have taken a devastating Republican new regional visitors center opened and inaccessible to researchers. This budget and transformed it into one after a $4.7 million Federal investment. operating increase will enable the that manages to pass the basic test of The operational funding increase of Longfellow House to provide critical responsibility. I commend the Presi- $341,000, plus five additional personnel, security and management for the mu- dent and the Vice President for their will ensure that the regional visitors seum collections contained in this S12138 CONGRESSIONAL RECORD — SENATE October 1, 1996 monument to America’s struggle for passed by the Senate, was not fully National Marine Sanctuaries, the co- independence and rich cultural history. funded in the conference report, I am ordination of activities impacting the Mr. President, I am pleased this con- pleased that two-thirds of our request coastal zone, and the integration of a tinuing resolution contains $301,000 for was included in this legislation to se- cooperative research program with uni- continued maintenance, protection and cure this important natural resource. versities through the Nation. security of the Cape Cod National Sea- Mr. President, with regard to one Of special interest to many citizens shore. This increased funding for park other parks and Interior component of of Massachusetts are programs which operations and maintenance will be this legislation that directly impacts help to protect and conserve valuable used to improve park security, care- my State of Massachusetts, I support natural resources along our coastline. taking, and fire protection at the new- the increased funding it contains for Just a few of the programs of national est section of the Cape Cod Seashore, the John F. Kennedy National Historic importance which are funded include the decommissioned North Truro Air Site. Although the site attracts 15,000 the Coastal Zone Management Pro- Force Station that was annexed in 1986. visitors during its brief open season— gram, the National Marine Sanctuary This request was supported by the Cape one-third of which are visiting from Program, the National Undersea Re- Cod Commission, many residents, and abroad and who consider the birthplace search Program, the Coastal Ocean organizations on the Cape. Over 5 mil- their primary destination—recent Program, and the National Sea Grant lion visitors and vacationers annually funding shortages have forced the JFK Program. Working in concert with each visit the Cape Cod National Seashore, a National Historic Site to eliminate other, and with other Federal, State park on the outer beaches of Cape Cod, school programs, and significantly re- and local programs, these NOAA pro- extending 40 miles from Chatham to duced the number of tours that can be grams constitute part of the front line Provincetown. The park is made up of accommodated. The funding increase of in defending the natural beauty and oceans, beaches, dunes, woodlands, $57,000 will allow the hiring of one per- biologic diversity of our coastal re- freshwater ponds and marshes. It is manent park ranger and three seasonal sources. We all have come to recognize home to a vibrant ecosystem of plants park rangers to give tours, conduct the important cultural and economic and animals. The area is also home to school programs, and provide informa- benefits of marine-related industries numerous historical structures, includ- tion services. The additional resources and recreational activities and I be- ing Marconi’s wireless station. will allow the site to remain open for lieve that strong support for these pro- I am also very pleased that this om- at least 9 months per year. gram will help to ensure that these nibus package includes nearly $1 mil- Interior Subcommittee and full Ap- benefits will be passed along to future lion for the Blackstone River Valley propriations Committee Ranking Dem- generations. National Heritage Corridor including ocrat ROBERT C. BYRD, Subcommittee Of great importance to me and to my $324,000 to support the important ongo- Chairman SLADE GORTON, and their fishing constituents is the continued ing efforts of the Corridor Commission staffs have done a commendable job in funding for the research programs tar- and $460,000 for development and con- addressing all the needs for funding geted on the New England groundfish struction projects in the Blackstone within the constraints that have been disaster. The Gulf of Maine Groundfish River Valley. With the passage last imposed on them. I thank them for Survey, New England Stock Depletion week of legislation to expand the their help. Studies and Management of Georges boundaries of the Blackstone Corridor, FISH AND OCEANS Bank projects provide funding for sci- the corridor size will increase by 60 Mr. President, I am pleased to sup- entists in the National Marine Fish- percent, with approximately 150,000 port the Commerce, Justice, State, and eries Service [NMFS] to more carefully new acres including two national his- Judiciary appropriations provisions in examine the causes of the groundfish toric landmarks. These funds are need- this continuing resolution and I want fishery collapse and to identify ways to ed to develop resource inventories, in- to especially commend the ranking rebuild and manage these stocks so terpretive programs, and protection member of the Commerce, Justice, they return to healthy levels. This con- strategies for the five communities State and Judiciary subcommittee, tinued support is needed for the sci- newly included in the Corridor, includ- Senator HOLLINGS, for his work on this entific and assessment efforts that ing Worcester, MA. portion of the bill. The Appropriations form the basis for the difficult manage- Established in 1986, the Blackstone Committee faced the daunting task of ment decisions necessary to preserve Valley National Heritage Corridor, en- fairly distributing funding to a broad fisheries while considering the needs of compassing 400,000 acres, is the largest array of important programs, many of those whose livelihoods depend on fish- national park in the North Atlantic which are critical to our economy, our ing or on commerce in fish and fish Region of the National Park Service. It personal security, our marine environ- products. contains over 10,000 historic structures, ment, and international relations with- Massachusetts will also benefit from and is significant for its 18th and 19th in a budget framework of extremely additional resources provided to century industrial production systems limited resources. While there are al- NMFS. These programs include right of mill villages, farms, and transpor- ways some disappointments about spe- whale research, the New England Fish- tation that illustrate America’s transi- cific programs and projects, I believe ery Management Council, Marine tion from an agricultural to an indus- this portion of the bill is a balanced Mammal Protection Act implementa- trial Nation. It also includes acres of measure of significant benefit. tion, habitat conservation, and fish- farms and pastures and beautiful river- As the ranking member of the Com- eries enforcement. Additionally, the side scenery. The Blackstone Corridor merce Committee’s Subcommittee on funding provided for Atlantic salmon, is unique in the National Park Service Oceans and Fisheries, I am pleased that the Atlantic Migratory Pelagics Ob- because it is predominantly funded and this measure provides funding in- server Program, and the aquaculture maintained with local resources, en- creases to some key marine and coastal programs will continue valuable pro- couraging a public-private partnership programs and at least assures the con- grams which provide both direct and that has become a model for other tinuation of others. indirect benefits to citizens of the parks, using federal seed money to en- The importance of a healthy environ- Commonwealth. The health of living courage local preservation and revital- ment to the citizens of this nation and marine resources along the coast of the ize the economy. to those living in the Commonwealth Commonwealth continues to be of I applaud the inclusion of additional of Massachusetts is reflected in the great concern to my constituents, and funds for land acquisition in the Mash- bill’s provision of $1.85 billion for I echo their sentiment both personally pee National Wildlife Refuge. A trans- NOAA. NOAA is one of the Federal and as their representative in the U.S. fer of $750,000 from another defunct Government’s premiere scientific re- Senate. Fish and Wildlife Service project was search agencies, with responsibility for Whales are one of the great symbols recently made to Mashpee. While my the stewardship of our living marine of the ocean and are closely associated request for $1.582 million for the acqui- resources, operation of our National with Massachusetts. Funding for North sition, which was originally included in Weather Service and its environmental Atlantic right whale research is of crit- the fiscal year 1997 appropriations bill satellite system, management of our ical importance this year. The North October 1, 1996 CONGRESSIONAL RECORD — SENATE S12139 Atlantic right whale is the most endan- causing global warming. The NOAA for Boston Harbor for 1997 as Senator gered of all mammals, with approxi- Program is an important part of the KENNEDY and I urged him to do, by a mately 350 remaining in the world. Un- overall U.S. interagency effort to im- party line vote the Republican con- fortunately, this year alone, seven prove the science that is needed to ferees forced a funding reduction to right whales have died as a result of make critical decisions about the fu- just $40 million. being hit by ships and other unknown ture of our planet. However, the story did not end there. causes. The funds provided in this bill Another ocean Program very impor- I continued to work closely with Sen- will help to advance our knowledge of tant to my State is the National Ma- ator KENNEDY in supporting the Presi- right whale behavior and habitat re- rine Sanctuary Program. Stellwagen dent’s efforts to secure more funding quirements and hopefully lead toward Bank National Marine Sanctuary off for Boston Harbor. I wrote and spoke to measures which will avoid the unac- the coast of Massachusetts is an excel- the President, his Chief of Staff, Leon ceptable level of mortalities experi- lent example of Federal activity that Panetta, and others in the administra- enced this year. produces both environmental protec- tion many times over the past few The Saltonstall-Kennedy fisheries tion and economic enhancement. This weeks, urging them to increase funding grants programs is another important marine mammal feeding area is popu- for this environmental cleanup effort. program for our Nation’s coastal re- lar with whale watchers and fishermen, Therefore, I am very pleased and very gions, providing funding for research to and protection of the bank has received appreciative that the President and enhance fish stocks, develop new mar- wide support—not only among my con- congressional Democrats were victori- kets for underutilized fish species, and stituents but Nationwide. The funding ous in their attempts to secure more assess new fishing gear technologies. provided in the CR will help to main- funding for Boston Harbor in this om- Often, Saltonstall-Kennedy grants are tain this important national program, nibus budget package. It contains an the only source of funds available to especially Stellwagen Bank. additional $35 million for Boston Har- assist the fishing industry in its effort Another program which is receiving bor, raising the fiscal year 1995 funding to adapt and diversify. well-deserved funding is the National level to $75 million. The residents of I am also pleased to see continued Undersea Research Program [NURP]. Massachusetts and the ratepayers of funding for the Coastal Zone Manage- This program consists of six centers the Boston metropolitan area are well ment [CZM] Program, particularly the where regional undersea research ac- served by this action. funding for State grants. Just this past tivities are conducted. Its funding also ECONOMIC DEVELOPMENT spring we reauthorized the Coastal will cover the NURP share of the oper- I am extremely pleased to have se- Zone Management Act. The CZM pro- ating expenses for the ALVIN, the deep cured another key provision for Massa- gram is a highly successful voluntary submersible research vessel based at chusetts in this bill—language that State-Federal partnership to protect, the Woods Hole Oceanographic Insti- will permit financing to go forward to develop, restore, and enhance our coast tute. revitalize the Fore River Shipyard in for present and future generations. The The Fishing Vessel Obligation Guar- Quincy, MA. This provision was origi- program has proven to be very effective antee Program is also administered by nally sought by Senator KENNEDY and in enhancing coastal economies while NOAA and was established to provide me in the Commerce/State/Justice ap- minimizing the impacts of the increas- loan guarantees to the commercial propriation bill for fiscal year 1997, and ing pressures of growing populations, fishing industry. The program was re- was later modified by Majority Leader environmental degradation, and con- cently expanded to include aquaculture LOTT, who sought, not inappropriately flicting uses of our fragile and finite facilities, making the program the sin- in my view, to toughen up the lan- coastal area. gle most important financing vehicle guage. In the case of the Quincy NOAA’s Coastal Ocean Program for this rapidly expanding industry. project, this language alteration will [COP] is a Nationwide science program On global environmental issues, I place a greater responsibility on the conducting important interdisciplinary have worked actively for an Antarctic Commonwealth of Massachusetts to research on oceanographic problems, Environmental Protocol, including the help underwrite the necessary financ- including ecosystem research on Convention on the Conservation of ing. I am satisfied that the new lan- Georges Bank. The COP provides one Antarctic Marine Living Resources guage leaves enough discretion to the focal point through which NOAA inte- [CCAMLR]. Additionally, the President Maritime Administration so that a grates and coordinates its research ac- soon will sign the Antarctic Science, suitable arrangement can be reached tivities with other Federal, State, and Tourism, and Conservation Act, which that is both affordable and acceptable academic programs. Through its com- I authored, which will implement the to the Commonwealth. This is a matter prehensive, proactive approach, the International Antarctica Treaty. Data on which I, Senator KENNEDY, and Rep- COP offers policy makers the best in- provided by NOAA’s Antarctic Marine resentative STUDDS have been working formation available, providing them Living Resources [AMLR] Program are for over a year. with the balanced perspective needed critical to CCAMLR’s implementation Specifically, section 1139 establishes to promote economic growth while and I am very pleased that $1.2 million the basis for the Secretary of Transpor- maintaining a healthy and sustainable has been provided to ensure the con- tation to assist certain shipyards, in- environment. tinuation of this critical work. cluding the yard at Quincy, by facili- I would like to commend the com- I compliment my good friend and col- tating the extension of Federal loan mittee for its continuing support for league, Senator HOLLINGS, for his lead- guarantees for the reactivation and the Sea Grant Program. This is a Pro- ership in these oceans issues which he modernization of those yards and the gram that builds bridges between Gov- has successfully championed for years. construction of vessels by the yards. ernment and academia, as well as be- It is my pleasure to serve with him on Significantly, this section has been tween research laboratories and groups the Commerce Committee, where he carefully drafted to provide several in need of reliable information. It served as chairman until 1995. layers of protection to the Federal tax- serves as a successful model for multi- BOSTON HARBOR—CLEAN WATER payer, and to ensure the State where a disciplinary research directed at sci- Mr. President, recently the Congress yard is located shoulders a degree of entific advancement and economic de- passed and the President signed into the financial burden of revitalizing the velopment by funding regional re- law the VA–HUD and independent yard, and also a portion of the finan- search, promoting technology, and en- agencies appropriations bill for fiscal cial risk. For example, subsection (d) hancing public education and outreach year 1997. During Senate consideration requires the State or a State-chartered services for the Nation’s coastal re- of that bill, I expressed my deep con- agency where the yard is located to de- sources. cern that the Republicans refused to posit into the Federal treasury the I am also pleased to see continued meet the President’s requested funding amount of funds needed to cover the funding for the Global Climate Change level for a critical environmental pro- percentage of the risk factor cost re- Program. This Program seeks to de- tection measure, the project to clean quired by the Federal Credit Reform velop a clearer picture of the relative up Boston Harbor. While the President Act, and provides for the reversion of roles of various greenhouse gases in held firm in his support for $100 million the funds to the State if no obligation S12140 CONGRESSIONAL RECORD — SENATE October 1, 1996 needs to be paid from the deposited firms that now employ over 2200 peo- commercial potential. To date, ATP funds. I fully expect that the percent- ple. has had a significant impact upon the age of the risk factor under this sub- I am proud that Democratic majori- development and successful marketing section will never exceed 12 percent for ties in the Senate wisely chose to fund of new technologies by businesses in the Quincy project. It appears to me MBRI. I regret, however, that the new Massachusetts and across the Nation. that a deposit from the State of 12 per- Republican majority again this year, More than 40 Massachusetts organiza- cent will be more than adequate to ful- as it did last year, has refused to fund tions have participated in 27 ATP fill the requirements associated with MBRI directly. This year, it chose in- projects. In Massachusetts alone, ATP the risk of default for a project of this stead to instruct the Commerce De- has produced over $110 million in pub- nature. partment to ‘‘provide support for * * * lic-private partnership funding to en- This provision is significant to my initiatives previously supported by [the hance Massachusetts businesses that State because the Quincy Shipyard Department] to * * * increase small are on the cusp of technological inno- project is the first of its kind. It is the business global competitiveness in bio- vation. Furthermore, the impact of first project to revitalize an inoper- technology.’’ Nonetheless, using this this program is one in which all Ameri- ative shipyard and put it back into pro- language, I will continue to work close- cans can take pride. ATP generates a duction as a State-of-the-art facility ly with the administration to maintain return to the economy of $6 for every that will employ up to 2,000 workers in MBRI’s vital services. dollar of program funding. good jobs. This makes sense, because I am also pleased that the continuing AMTRAK the proposal to revitalize the Quincy resolution contains a provision with I am pleased that Congress has de- Shipyard will turn it into a shipyard the effect of making the University of cided to increase funding for Amtrak on the cutting edge of technology and Massachusetts at Dartmouth a full over the amount that was approved in one which will produce vessels that member of the National Textile Center the Transportation appropriations bill will be in demand in the international University Consortium, and directing recently sent to the President for sig- marketplace for years—double-hulled the Department of Commerce to pro- nature. This will permit the Massachu- oil tankers to carry petroleum safely vide financial support to the Univer- setts portion of the Lake Shore Lim- around the world. The Federal Govern- sity of Massachusetts at Dartmouth to ited to continue to operate for an addi- ment’s investment in the Quincy Ship- sustain its activities as a member of tional 6 months. The Lake Shore Lim- yard will be repaid many times over the National Textile Center. This will ited crosses Massachusetts from east to through the jobs that will be created, help to ensure that the University of west with stops in Pittsfield, Spring- and through the renewed position of Massachusetts at Dartmouth can meet field, Worcester, Framingham and Bos- American maritime leadership that the the research needs of Massachusetts ton. Saving this train is especially im- project will help us attain. Now that textile companies and help revitalize portant to the residents of the Berk- Congress has done its part, it is incum- textile manufacturing in Massachu- shires and Western Massachusetts who bent upon the Commonwealth, the city setts. depend on the Lake Shore Limited as of Quincy, the Massachusetts Heavy In- Over 30,000 people living in Massachu- their sole source of intercity passenger dustries Corp., and the Maritime Ad- setts work in the textile industry. The rail service. I strongly opposed Am- ministration to bring the project to re- 1,000 textile companies located within trak’s decision to eliminate this serv- ality. Massachusetts are mostly small-to- ice when the cuts were announced in I must note with disappointment midsized companies whose unique re- August. We must now confront the that, despite the stalwart support of search needs have been well served by more serious challenge of finding a per- administration and Senate Democratic the University of Massachusetts at manent solution to preserve Amtrak negotiators, House Republicans in- Dartmouth. I am confident that the re- service throughout Massachusetts. I in- sisted on cutting the cap on the per- search activities at Dartmouth will be tend to work diligently with Amtrak, missible guarantee for any one project greatly enhanced by the designation of the State, and congressional appropri- from $100 million to $50 million. This the University as a full member of the ators in the next Congress to ensure would have constrained the project in National Textile Center University that the Lake Shore Limited can con- Quincy. Fortunately, however, with Consortium. identical legislation moving on a sepa- I must, however, express my dis- tinue its present level of service. rate track, which now has been sent to appointment that the Republicans who I am also pleased that the omnibus the President for signature, we have control the Congress chose to provide bill increases funding for Amtrak’s overcome that last-minute partial hur- for the inclusion of the University of Northeast Corridor Improvement dle. Massachusetts at Dartmouth in the Project, or NECIP, by $60 million over I am pleased that the continuing res- National Textile Center through a ‘‘di- the amount that was approved in the olution contains language expressing rection’’ to the Department of Com- transportation appropriations bill. The the support of House and Senate appro- merce, rather than through the express funds will finance much need track maintenance and upgrades, and the priators for Massachusetts Biomedical language which Senator KENNEDY and I Research Institute [MBRI] and other had asked be included in the Com- electrification of the Northeast Cor- biomedical research and innovation merce/State/Justice Appropriations ridor. This additional funding will centers throughout the country that Committee report. I am fully confident greatly facilitate achievement of have received past financial support the Department of Commerce will pro- NECIP’s goal to provide reliable, high- from the Department of Commerce. vide to the University of Massachu- speed rail transport service between This language is specifically intended setts at Dartmouth the full $500,000 Washington, DC, and Boston, with the to continue the Federal Government’s that is contained in the Senate Com- objective of achieving 3-hour service support for one institution in particu- merce/State/Justice Appropriations between Boston and New York. lar—MBRI. MBRI is familiar to some of Committee Report. SMALL BUSINESS my colleagues from other States be- I am disappointed that, once again, I am pleased that the Small Business cause it has been a model for several Congress decided to severely underfund Programs Improvement Act of 1996, biomedical research programs else- the Advanced Technology Program, or which is included in the omnibus ap- where in the country. Designed by the ATP, at the Department of Commerce. propriations bill, includes legislation business and academic community of The continuing resolution funds ATP that I introduced earlier this year to Worcester, MA, to nurture the transfer at a level of $225 million. While this is end discrimination by the Federal Gov- of biomedical technology from the lab- a welcome increase from the level con- ernment against small business and oratory into new business start-ups and tained in the Senate Commerce/State/ also includes an amendment I spon- the growth of those start-ups into job- Justice bill, this amount is signifi- sored that will provide fishermen ac- creating businesses offering cutting- cantly less than the President’s budget cess to SBA’s disaster assistance pro- edge medical products, since its incep- request of $350 million. gram when fishing is prohibited be- tion in 1986, MBRI has spawned 20 new ATP provides matching funds for cause of a commercial fishery failure firms in the biomedical industries— high-risk, enabling technologies with or a fishery resource failure. October 1, 1996 CONGRESSIONAL RECORD — SENATE S12141 Last year, Congress passed the Small building measures or the Massachu- colleagues on the other side of the Business Lending Enhancement Act of setts fishing industry will cease to aisle, it has been possible to include at 1995 which lowered the maximum guar- exist. I believe the interim financial least a minimally adequate level of antee rate for SBA’s section 7(a) guar- support the SBA can offer through dis- funding in this bill for many key pro- anteed loan program. The legislation aster assistance will play an important grams designed to aid this Nation’s also lowered the guarantee rate from 90 role in keeping commercial fishing children. Democrats successfully percent to either 75 or 80 percent de- alive in Massachusetts and all Coastal fought to add money to the bills pro- pending on differing circumstances, for States that from time to time experi- duced by House Republicans and the SBA’s Export Working Capital Pro- ence the economic devastation associ- Senate Appropriations Committee. Un- gram, which guarantees loans made by ated with a fisheries natural disaster. fortunately, the amounts still are not banks and other lenders who use loans This bill also improves and expands what this Nation ought to be providing to produce goods and services to ex- the Small Business Investment Com- for most of these programs and I urge port. However, financing for business pany Program which is crucial to the Congress next year to provide suffi- loans through the Export-Import bank growth of small business and our econ- cient resources to ensure that a floor of are still guaranteed at 90 percent. omy. Small businesses need access to decency and hope is provided for all My legislation that is as part of the capital, and SBIC’s have invested $12 children. omnibus bill restores the 90 percent billion in over 75,000 small businesses Head Start provides comprehensive guarantee for the Export Working Cap- and have helped to create one million development services for low-income ital Program to assure that small busi- new jobs. This bill increases the level children and families, emphasizing cog- nesses do not lose export opportunities of private capital needed to obtain an nitive and language development, phys- just because they cannot get financing SBIC license from SBA, requires expe- ical and mental health, and parent in- from banks. This change will have a rienced and qualified management for volvement to enable each child to de- minimal impact on SBA’s credit sub- all SBIC’s, requires diversification be- velop and function at his or her highest sidy rate and overall lending authority. tween investors and the management potential. I support full funding for However, it is crucial to small business team and increases fees paid by SBICs this prevention program because it is cost effective—for the price of a single exporters who need better access to fi- which will reduce the credit subsidy space in a juvenile detention facility, nancing. At a time when exports are a rate. key component of continued economic I want to thank Small Business Com- we can provide a full-day, full-year growth, increasing the SBA guarantee mittee Democratic Ranking Member Head Start experience for five young people. Children that participate in will increase the amount of small busi- Senator BUMPERS and his staff, espe- Head Start are more likely to graduate ness exports—which in turn will create cially John Ball, for their assistance from high school, earn more, and com- jobs in Massachusetts and across the with this portion of the omnibus bill. I mit fewer juvenile crimes. That is why Nation. also would like to acknowledge the as- This legislation also includes an I supported the President’s 1997 request sistance of Chairman KIT BOND and his amendment which will provide fisher- of $3.98 billion and am glad that due to staff. men access to disaster assistance under Democrats’ efforts, we will approve section 7(b)(2) of the Small Business LAW ENFORCEMENT that amount, which is $381 million Act’s disaster assistance program if Mr. President, this bill includes fund- more than the amount originally ap- fishing is prohibited because of ocean ing for a number of important anti- proved by the Republicans. conditions or a commercial fishery crime programs. I am encouraged that The Summer Youth Jobs Program of- failure. Most fishermen are individual it contains language originally offered fers work experience, supportive serv- small business owners and con- by Senator LAUTENBERG which will ices, and academic enrichment to eco- sequently are very susceptible to se- keep anyone who has been convicted of nomically disadvantaged youth, ages 14 vere economic loss or even economic a domestic violence crime from owning to 21. This important program address- failure in the event of fishery closures a gun. I co-sponsored his legislation be- es the severe problems facing out-of- or declines. Fishing is a capital inten- cause simple common sense dictates school youth in communities with high sive industry composed primarily of in- that guns absolutely must be forbidden poverty and unemployment. Cities and dividually owned fishing vessels. These for those who abuse their spouses. towns in Massachusetts depend on it, small businesses are financially in- The Local Law Enforcement Block and I am glad it will be funded at $871 capable of enduring even a short term Grants Program provides funds to local million, the President’s request—an fisheries closure. communities to use as they deem nec- amount that is $246 million more than This amendment allows the Adminis- essary to reduce crime and enhance provided by the Republicans. trator of the SBA, after the Secretary public safety. This allows localities to HEALTH/HUMAN SERVICES/EMPLOYMENT of Commerce has declared a commer- address community-specific crime The National Institutes of Health cial fishery failure or a commercial problems using solutions that they [NIH] is the world’s leading biomedical fishery disaster, to provide fishermen have developed with added resources research institution. Our investment in access to disaster assistance. I know and flexibility. Due to Democrats’ ef- NIH’s research saves lives and reduces how important it will be to helping forts, $523 million is contained in this health care costs while creating jobs maintain the commercial fishing herit- legislation, $20 million more than pro- and economic growth in a global econ- age in Massachusetts, and it is for that vided by the Republicans. omy. In recent years, this research has reason I believed it was essential to in- I am proud of the role I was able to produced major advances in the treat- clude such a provision in this legisla- play in passing the Community Ori- ment of cancer, heart disease, diabetes, tion. ented Policing Services [COPS] Pro- and mental illness that have helped The decline in the groundfish stocks gram in the 1994 crime bill. This pro- thousands of American families. NIH off the coast of Massachusetts, and the gram was developed to deploy 100,000 supports over 50,000 scientists at 1,700 subsequent Federal restrictions on new police officers on the streets of our universities and research institutes fishing in Georges Bank, have resulted Nation by the year 2000. This bill con- across the United States. I am glad in significant economic hardship for tinues the commitment to that pro- that funding for NIH is increased by Massachusetts fishermen. These prob- gram with funding of $1.4 billion. $819 million over fiscal year 1996, a 6.5- lems in the fishing industry have driv- Both the block grants and the COPS percent increase, bringing fiscal year en many fishermen to the brink of eco- funding have been widely and effec- 1997 funding to $12.7 billion, which is nomic demise. In many cases, having tively used in Massachusetts commu- $332.6 million more than provided by taken loans to purchase their fishing nities, and crime statistics as well as the Republicans. vessels, fishermen confronting a fish- local observation show that they are The Maternal and Child Health Block ery collapse have lost their homes working to reduce crime. It is vital Grant provides funds to States to meet which they commonly use as collateral that they be continued. a broad range of enhanced, wrap- for their vessel loans. EDUCATION around health services, including per- I believe that we need to continue to Mr. President, I am heartened that, sonal health services; general popu- implement fishery conservation and re- despite the best efforts by some of my lation-wide health services, such as S12142 CONGRESSIONAL RECORD — SENATE October 1, 1996 screening; family support services; and over 1,600 veterans, 72 percent of which famine, child nutrition, sustainable de- integrated systems of care. About 16 are working citizens today. In the ab- velopment and the environment. With million women, infants, children, ado- sence of earmarked appropriations for respect to the last of those, I am deeply lescents and children with special the coming year, I hope that the De- concerned that the bill provides only health care needs will be served in 1997. partments of Housing and Urban Devel- $35 million for the Global Environment Due to Democrats’ efforts, $681 million opment and Labor will find some dis- Facility. This is $65 million below the is approved, which is $2.9 million more cretionary money to fund this impor- President’s request. than provided by the Republicans. tant program. I am pleased that the omnibus bill in- The Substance Abuse Block Grant Mr. President, I am pleased that the corporates the Humanitarian Aid Cor- provides funds on a formular basis to Labor-HHS title in the bill continues ridor Act which I cosponsored. This States to support alcohol and drug the Democrats’ strong commitment to provision reaffirms the United States’ abuse prevention, treatment, and reha- combat the AIDS epidemic. After 12 commitment to the safe arrival of all bilitation services. Due to Democrats’ years of inaction and ignorance by Re- U.S. humanitarian aid. It also provides efforts, this program will receive $1.3 publican administrations, this country $95 million in aid to Armenia, an in- billion, which is $125 million more than has moved decisively into a new era in crease of $10 million from the fiscal provided by the Republicans. the fight against HIV-disease. Working year 1996 level. The Low-Income Home Energy As- with President Clinton, Health and The bill also retains a provision, sistance Program [LIHEAP] provides Human Services Secretary Donna which I strongly supported, taken from assistance to States to help low-income Shalala, and the director of national the Senate-passed foreign aid bill, that households meet the costs of home en- AIDS policy, Patsy Fleming, the would establish a new exchange pro- ergy. It is crucial to New England Democrats in Congress have pushed for gram focused on legal reform in Viet- States including Massachusetts. States increases in the Ryan White CARE Act nam. I would note that the Senate have great flexibility in how they pro- of more than $200 million over last voted to retain funding for this pro- vide assistance, which may include di- year’s level. We have nearly tripled the gram by a vote of 56 to 43. This pro- rect payments to individuals and ven- money going to States and cities af- gram is in our long term interest; it is dors and direct provision of fuel. In fected by the AIDS epidemic through a means of bringing Vietnam into the this legislation, LIHEAP is funded at the previously underfunded Ryan larger international community while the President’s request level of $1.3 bil- White Program, and we have renewed imparting our own values and norms, lion and includes $300 million in fiscal our pledge to the States that the Fed- particularly in the economic arena. As one who has cosponsored all of year 1996 advanced emergency funds. eral Government will take seriously Senator LEAHY’s bills on landmines, I Due to Democrats’ efforts, we were the critical AIDS Drug Assistance Pro- gram. In calling for these increases, I am pleased that there is a $10 million able to save this program from the earmark for demining in this bill and a House Republicans who eliminated it was pleased to work with the AIDS Ac- tion Committee in Boston and other $5 million earmark for assistance to in their Labor-HHS appropriations bill. the victims of landmines. There are Mr. President, I am disappointed that groups across the Commonwealth of over 100 million active, deadly land- this legislation does not include any Massachusetts who serve on the front mines in 60 different countries around funding for the Homeless Veterans Re- lines of the epidemic as care and serv- the world, killing and maiming ap- integration Program [HVRP], which ice providers. proximately 26,000 people per year. has been authorized for fiscal year 1997 Caring for those already infected with HIV is only one piece of a com- Most victims are innocent children. by both the Senate and House Veterans These earmarks indicate the broad bi- Committees at $10 million. HVRP is a prehensive national response to the AIDS epidemic. In this legislation, we partisan support in Congress for devot- successful job placement program that ing resources to clearing landmines, are finally providing enough funding to has put 13,000 homeless veterans back recognizing the integral role that de- the Centers for Disease Control to un- to work. A sizeable proportion of home- mining plays not only in saving the dertake a serious campaign to prevent less people in this country are veter- lives of innocent civilians, but also in new infections. Democrats on both ans; this should not be the case. The the rebuilding of communities. HVRP Program helps veterans on pub- ends of Pennsylvania Avenue urged the Mr. President, by far the most egre- lic assistance become productive, tax- appropriators to increase funding for gious part of this bill that pertains to paying citizens. It is so successful be- the CDC’s AIDS prevention programs foreign aid is its treatment of inter- cause HVRP provides grants to com- by nearly $33 million over last year’s national family planning programs. I munity-based groups that employ flexi- level to bring it to $617 million for fis- am saddened and at the same time out- ble and innovative approaches to help cal year 97. And we are providing a sub- raged that the House Republicans, in homeless veterans reenter the work stantial increase to the National Insti- an undisguised way, tried to do as force. tutes of Health for our top biomedical much damage as possible to population Furthermore, HVRP is cost-effective. researchers to redouble their efforts to assistance. Their actions are mean It is estimated that it only costs $1,200 find a cure for this dread disease. We spirited, punitive, and short-sighted. per person placed in a job, which is cannot set our sights lower than find- This bill provides that no fiscal year equal to the cost of unemployment for ing a cure to AIDS. To that end, in this 1997 funds can be used for population 1 month. HVRP succeeds in breaking bill, we are committing nearly $1.5 bil- assistance until July 1, 1997—a full 9 the cycle of poverty and homelessness lion to NIH research and retaining the months after the fiscal year begins. Be- by giving people the ability to work Office of AIDS Research. ginning in July, the program will be their way out. Instead of giving hand- Mr. President, these funding levels funded at a rate of 8 percent of the an- outs, this program gives veterans the are the clearest signal of the Demo- nual appropriation each month. Mr. tools, skills, and training they need to crats’ commitment to fight a war on President, this is ludicrous. No other be productive members of society. As a AIDS—and not a war on people with program in this entire appropriations veteran of the Vietnam war, I believe AIDS that characterized the Govern- bill is crippled in this way, and the un- that we owe this type of service, among ment’s response during the 1980’s and willingness of the House Republicans others, to the men and women who so early 1990’s. to accept the Senate’s position on fam- honorably served our country. FOREIGN RELATIONS AND AID ily planning programs is disgraceful. In my home State of Massachusetts, Turning to the foreign aid compo- Mr. President, their tactics are sim- the New England Shelter for Homeless nents of this bill, I think it is impor- ply illogical. By severing funds for Veterans has helped over 6,600 veterans tant to note that the overall funding is family planning programs the Repub- since opening its doors in 1990, and $500 million less than what the admin- licans are taking away the one tool housed within the shelter is the Viet- istration requested. This decrease will that allows women in impoverished nam Veterans Workshop, which is one result in programmatic cuts nearly countries to choose not to have an of the community-based organizations across the board, resulting ultimately abortion. Family planning does not that provides job training and work in the decreased ability of the United mean abortion—it means quite the op- placement. The program has trained States to address global issues such as posite. Those who continue to equate October 1, 1996 CONGRESSIONAL RECORD — SENATE S12143 the two should take a minute to look change programs. I believe that this is CONCLUSION at the facts. Statistics, across the a mistake. Exchanges, particularly the In summary, Mr. President, the nego- board, show that when women have ac- Fulbright program and other academic tiators labored mightily. Thanks to the cess to family planning programs, the exchanges, are one of our most effec- fortitude of President Clinton, his incidence of abortion decreases. Those tive instruments of foreign policy. Chief of Staff, and other administra- who continue to equate the two should I am pleased that at the end of the tion negotiators, and Democratic con- also read the laws. Federal law pro- day, House and Senate negotiators gressional leaders and appropriators, hibits the United States from funding agreed to provide the President with this product passes the smell test, and abortions abroad. The U.S. Agency for his adjusted request of $41.5 million for manages to pass muster. I voted for it, International Development has strictly the Arms Control and Disarmament disappointed that it fails in so many abided by that law. For the House Re- Agency. The challenges in the area of ways to provide what I believe our Na- publicans to slash funding for inter- arms control and nonproliferation are tion should be providing, but cognizant national family planning programs on increasing, not decreasing in the more that it could have been far worse. That the premise that they do not want U.S. complicated world that pertains after definitely is not the measure to which tax dollars funding abortions can only the breakup of the former Soviet I believe we should aspire. But in the be described as illogical and wholly un- Union. To make deep cuts in the ACDA final days of the 104th Congress, I be- warranted. budget, as was contemplated by the lieve it is the best anyone could have By denying people access to family Senate appropriators, would have seri- expected. As we look to November, we planning worldwide by slashing funding ously undermined our national secu- also look with great hopes to the 105th for those programs, there will be mil- rity interests. Congress and the opportunity it will af- lions more unintended pregnancies DEFENSE ford to come to terms again with the every year, close to a million infant Providing a sufficient national de- way in which our budget reflects our deaths, tens of thousands of deaths fense is one of the bedrock responsibil- national priorities and values. I hope among women and—let me emphasize ities of our Government to its people. I we will do better next time.∑ to colleagues who oppose permitting stand behind no Member of this insti- f tution in my commitment to an ade- women to choose abortions in the case DRS. JOHN AND WINONA quate defense. But I do not believe a of unwanted pregnancies—over one VERNBERG gold-plated defense serves our Nation’s million more abortions. Mr. HOLLINGS. Mr. President, These programs provide 17 million interests, and I know without doubt ∑ South Carolina has been dealt a double families worldwide the opportunity to that the tax dollars we spend for weap- blow by the retirement of two leaders responsibly plan their families and ons and armies beyond those our armed who have dedicated their professional space their children. They offer a services chiefs believe are necessary re- lives to the public good. Drs. John and greater chance for safe childbirth and sult in shortchanging our people in Winona Vernberg have been the Uni- healthy children, and avoid adding to other vital ways, both now and in the versity of South Carolina’s power cou- the population problem that affects all future. Despite a number of component deci- ple in the areas of public health, of us. science, and the environment. I am unwavering in my conviction sions that appear to me to be carefully considered and justified, the defense This beautiful couple has been to- that international family planning pro- and national security portion of this gether for nearly 50 years and has been grams are in America’s best interest. omnibus bill demonstrates the inabil- serving the public just as long. They Funding for these programs is an in- ity of this Republican-controlled Con- met in the Navy Hospital Corps at the vestment in our future and an invest- gress to make tough choices when it end of World War II, and embarked on ment that will save the lives of thou- comes to defense. While the budget ne- stellar careers in academia afterwards sands of women and infants. I will con- gotiators used approximately $1 billion at Duke University and then at the tinue to fight for what is moral. The in defense spending to offset University of South Carolina. John be- House majority needs to start acting antiterrorism efforts funded in this came a Guggenheim Fellow, both won responsibly on an issue that will affect bill, the bill still contains $9.3 billion Fulbright-Hayes Fellows, both won the generations to come. more than the Pentagon’s budget re- Russell Award for Research in Science On matters pertaining to foreign pol- quest. Illustrative of the flawed deci- and Engineering, both received the icy, the bill offers mixed news. It pro- sions that contributed to this distress- William S. Proctor Prize for Scientific vides $892 million for contributions as- ing overrun is the Ballistic Missile De- Achievement, and Winona was named sessed on the United States as a result fense Program. Certainly one is not Woman of the Year in 1980 by the Uni- of its membership obligations to the vulnerable to the charge of failing to versity of South Carolina. United Nations and other international prepare for a ballistic missile threat by While their academic work has been organizations. While this figure is an supporting the Pentagon’s and admin- top notch, they have not confined their improvement over the levels in the istration’s request for $2.9 billion for activities to the classroom or labora- House-passed bill and the Senate-re- their BMD effort. Indeed, I strongly tory. Winona became dean of the ported bill, it is still $110 million less support the vigorous research and de- School of Public Health at USC in 1978, than the administration’s adjusted re- velopment effort to enhance our tech- and within a year it was accredited. quest. This means that the administra- nical capabilities to spot, track, inter- She has made that school an active, tion will lack the funds to pay arrear- cept, and destroy intercontinental bal- leading institution. It has 10 times the ages and that we will fall into greater listic missiles and their warheads, and staff and 30 times as many students as debt at the United Nations. I strongly I have been a consistent supporter of when she took over. It has taken on the believe that we must press the United programs to develop and field theater environmental health questions of our Nations to make administrative, finan- ballistic missiles. times in an interdisciplinary way and cial, and management reforms, but Unfortunately, the Republicans can- with an eye to the future. More re- continued failure to pay our contribu- not recognize when they have had cently, the university has recognized tions will only serve to undercut our enough of a good thing. They insisted her management skills and longstand- ability to achieve those reforms. The on spending an additional $885 million ing contributions to the institution by bill provides a somewhat more reason- for ballistic missile defense. naming her acting provost. able level for peacekeeping, $352.4 mil- The absence of the spending dis- While Winona has been dean of the lion, but, it, too, falls short of the ad- cipline with respect to defense and na- School of Public Health, John has been ministration’s adjusted request of $377 tional security that the Republicans dean of the School of the Environment million. adamantly insist be directed toward and head of the Baruch Institute at the With respect to funding for inter- domestic Government services is the University. We in South Carolina have national exchanges, the bill provides cause of this legislation’s single great- a treasure in the coastal ecosystem, only $185 million. In the last 2 years, est flaw—an unsupported and and John and Winona have worked in the Republican Congress has succeeded unsupportably high aggregate appro- concert to understand it, to teach oth- in cutting funds dramatically for ex- priation for defense. ers, and to protect it. Diverse research S12144 CONGRESSIONAL RECORD — SENATE October 1, 1996 within the Baruch Institute’s 17,000- boat stations will have available at years old and under. From senior citi- acre coastal preserve has ranged from least one vessel capable of performing zens to seniors in high school, this pro- studies of ocean tides, to tracking sea ocean rescues. This provision was in- gram provides the best of South Caro- turtle nesting sites, to collecting data cluded to address a situation that arose lina Educational Radio network. Piano on the effects of Hurricane Hugo on the last summer when the Rogue River Jazz has been such a success because of ecosystem. For John’s part in these Sardet station near Gold Beach was as- the public’s longstanding support. I and other efforts, he has been named signed a 20-foot vessel that was useless hope the public continues in this sup- South Carolina Conservationist of the for performing ocean rescues. Under port so the show remains strong and Year by South Carolina Wildlife and my provision, all small boat stations, prosperous. was honored with the Waddell Lifetime including seasonally operated facilities In recognition of Piano Jazz, I ask Achievement Award by Friends of the like the Rogue River Sardet, will be my colleagues to join me in paying Coast. John and Winona often publish guaranteed to have at least one vessel tribute to Marian McPartland, Henry joint research projects, and Winona’s capable of performing ocean rescues. Cauthen, president and founder of the environmental leadership was recog- By including these provisions in the South Carolina Educational Radio Net- nized through the Water Conservation- conference report, we are giving the work, and Shari Hutchison, the pro- ist of the Year award by the South Coast Guard the tools needed to pro- gram’s producer, for this tremendous Carolina Wildlife Federation. tect our citizens’ lives and enhancing and valuable cultural jewel.∑ Mr. President, the Vernbergs are a safety in the waters off Oregon’s f couple we will continue to admire and coast.∑ cherish in South Carolina, and we will f CHEMICAL WEAPONS CONVENTION watch for their continued accomplish- ∑ Mr. KYL. Mr. President, on Septem- ments as professors emeritus at the IN RECOGNITION OF MARIAN MCPARTLAND’S ‘‘PIANO JAZZ″ ber 12, Secretary of State Warren university. The institutions they have Christopher personally asked the Sen- led and built up will continue to be a ∑ Mr. HOLLINGS. Mr. President, I rise ate majority leader to withdraw the force for the good in our State and the today to recognize Marian Chemical Weapons Convention [CWC] Nation. I commend their work to my McPartland’s Piano Jazz, produced by from consideration by the Senate. The colleagues interested in public health the South Carolina Educational Radio majority leader had scheduled a vote and the environment, and wish the Network. This Peabody Award-winning on the treaty on that day. Obviously Vernberg family my best in the years show has earned recognition for its the administration did not believe the ahead.∑ educational value and importance in Senate would ratify the agreement. As f promoting and preserving a distinctly a result, we were not able to have the COAST GUARD AUTHORIZATION American art form—jazz. public debate that, I believe, would ACT FOR 1996 Piano Jazz is National Public Radio’s have shown why the treaty was in such [NPR] longest running music series and trouble. Since the treaty could be re- ∑ Mr. WYDEN. Mr. President, passage airs on over 250 NPR member stations of a Coast Guard reauthorization bill is submitted for consideration by the nationwide. The series was conceived Senate, I believe it is important to sub- a matter of vital importance to Or- in 1979 by the South Carolina Edu- mit for the RECORD a sampling of arti- egon, particularly to smaller commu- cational Radio Network. South Caro- nities on the Oregon coast. A strong cles, editorials, and opinion editorials lina Educational Radio took a consid- which outline the basis for the case Coast Guard presence is essential to erable risk by launching one of the safeguard the lives of fishermen, rec- against the CWC. first station-based, locally produced The material follows: reational boaters, and all others who public radio programs to air across venture out into the frigid Northwest [From the New York Times, Sept. 13, 1996] America. waters. The risk paid off. Serving South A TREATY THAT DESERVED TO DIE Because of the cold temperature of Carolinians for 17 years, the program is (By Jon Kyl) Pacific Northwest waters, a delay in a showcase for many of jazz’s greatest An extraordinary thing happened in the Coast Guard response time by even a performances and artists, including Senate yesterday. The proponents of the few minutes could mean a matter of Bobby Short, Mary Lou Williams, Chemical Weapons Convention surprisingly life and death to capsized boaters. For Dizzy Gillespie and Wynton Marsalis, pulled the plug on their effort to obtain im- that reason, I worked with a bipartisan mediate Senate approval of the treaty’s rati- group of coastal State Senators to en- and has helped launch the careers of fication. sure Coast Guard stations would not be some lesser known musicians as well. Last June, the advocates thought this The programs are hosted by Marian closed unless there are strong safe- treaty was all but ratified. They had won a guards in place to ensure maritime McPartland who blends informal but commitment for it to be brought up for a vote in the last few weeks before the Novem- safety will not be diminished. information packed conversation with improvisational performances. ber elections. They assumed, not unreason- Specifically, under section 309 of the ably, that the treaty would be seen as a conference report, the Secretary of McPartland has been honored by spe- cial performances of Piano Jazz at the motherhood and apple-pie proposition—aim- Transportation is prohibited from clos- ing as it does to ban these horrible weapons ing any Coast Guard multimission Lincoln Center’s Avery Fisher Hall. In worldwide. small boat station unless the Secretary 1986, she also was inducted into the By any political analysis, this calculation determines that closure of a station International Association of Jazz Edu- should have been right. But substantive will not diminish maritime safety in cators Hall of Fame. analysis of the treaty’s flaws proved to be the area of the station, taking into ac- The program has been recognized more powerful than superficial political con- count water temperature and other with many major awards for broadcast- siderations. That such serious deliberation could occur local conditions. ing excellence, including the Peabody, Gabriel, Armstrong, Ohio State and reflects great credit on both the treaty’s pro- This section also provides an oppor- ponents and its opponents. In particular, its tunity for affected communities to several New York International Radio champions largely refrained from portraying have a voice in any decision on a pro- Festival awards. In fact, the show’s re- themselves as the champions of the abolition posed station closure. The Secretary cordings are so valuable that both the of these weapons and casting the other side must provide an opportunity for public Library of Congress and the Rogers & as ‘‘pro-poison gas.’’ comment and hold public meetings be- Hammerstein Archive of Recorded The opponents, however, made clear that fore closing any small boat station. Sound of the New York Public Library they too are in favor of the elimination of The Coast Guard stations in Oregon at Lincoln Center are preserving com- chemical weapons, including the American covered by section 309 are: Coos Bay, plete collections of the series. stockpile. By law, the destruction will take I hope this innovative and award- place with or without this convention. But Depoe Bay, Siuslaw River, Tillamook they fear that under present circumstances Bay, Chetco River, Yaquina Bay, and winning show is able to continue serv- the treaty will not accomplish its purpose Umpqua River. ing its broad and varied audience which and that it will do more harm than good. Section 309 also contains a provision includes older, established jazz First, the convention will not include I authored to ensure that all small aficionados, as well as listeners 25 many dangerous chemical-weapons states, October 1, 1996 CONGRESSIONAL RECORD — SENATE S12145 notably Iraq, North Korea, Libya and Syria, treaty calls Discrete Organic Chemicals to possess one of the most sophisticated which will not become parties. Worse yet, (DOCs). That includes not just the members chemical arsenals in the world. American intelligence could not reliably de- of the Chemical Manufacturers Association, When President Bush signed the chemical tect militarily significant cheating in coun- but also companies in such industries as weapons treaty, he did so with the under- tries like Iran, Cuba, China and Russia that automotive, food processing, biotech, distill- standing that Moscow would implement a are likely to became parties to the treaty. ers, brewers, electronics, soap and deter- 1990 U.S.-Russian bilateral agreement that Second, the convention would impose sig- gents, perfume—even manufacturers of ball called for both countries to destroy their nificant costs on the American taxpayer and point pens! While it may seem a little far- chemical weapons stockpiles. Thus far, how- new, substantial burdens on industries. It fetched that international inspectors might ever, Moscow has refused to implement this would, moreover, actually aggravate the cur- descend on the Bic factory forthwith, the accord, thus undermining the larger inter- rent, serious problem of chemical weapons burden of reporting the use of chemicals will national convention. proliferation. This is true for several rea- be severe. And this from the administration One of the treaty’s most dangerous fea- sons. that calls for ‘‘smaller, less intrusive govern- tures is that it undercuts the work of the The treaty prohibits restrictions on trade ment.’’ Australia Group, a collection of Western in chemicals among its parties. It even re- And, of course, inspections, when they do countries that have an informal agreement quires them to transfer chemical tech- occur, will be golden opportunities for coun- banning the transfer of potentially dan- nologies to other treaty members. In other tries that engage in industrial espionage gerous dual-use chemicals to non-members. words, if the United States and Iran were to against the United States—just as they will If ratified, the convention will end restric- ratify the convention, Teheran would have a be for those eager to learn because they har- tions on trade in deadly chemicals and chem- powerful claim, under the treaty’s Article bor the notion of developing their own chem- ical technology. Treaty-signers, in fact, will XI, against American-led trade restrictions ical weapons industry. (Remember the Iraqi have a right to demand both the chemicals in the chemical field. scientist who boasted to representatives of and the relevant technical information they This arrangement repeats the mistake the International Atomic Energy Agency need from other signatories, who will have made in the Nuclear Nonproliferation Trea- how the Iraqis had gained invaluable infor- an obligation to fulfill the requests. This raises the issue of dual-use chemi- ty—the so-called Atoms for Peace initia- mation on nuclear technology this way?) cals—those that, while intended for peaceful tive—under which ostensibly peaceful tech- Senators who plan to vote to ratify the use, can be used to make weapons. If Cuba nology is provided to nations determined to treaty must ask themselves whether they and Iran sign and then ratify the convention, divert it to proscribed military purposes. are ready to impose this kind of burden on they can break out of the embargoes on The treaty would also create a false sense domestic companies for the sake of an elu- chemicals the United States has imposed on of security, probably increasing the dangers sive and unrealistic goal. The list of distin- them. from these weapons. And it will harm arms guished experts in the fields of defense and Treaty proponents argue that the conven- control and international law to enter into a foreign policy who have denounced the CWC tion would enable the United States to gath- convention that everyone knows is going to as ineffectual, unverifiable and certainly not er intelligence on other countries’ chemical be unverifiable and ineffective. For all these global, since numerous outlaw nations like weapons programs. But Sen. Kyl calls such reasons, the United States is better off hav- Libya and Iraq will not sigh, ought to give benefits ‘‘marginal’’ and says, ‘‘It’s not ing no treaty than a seriously defective one. serious pause. A letter dated Sept. 9 to Sen- worth the price.’’ This critique was sufficiently compelling ate Majority Leader Trent Lott, urging him If the treaty is ratified, moreover, the that a number of leading proponents ac- to ‘‘reject ratification of the CWC unless and United States will have to pick up a consid- knowledged the serious flaws. Although until it is made genuinely global, effective erable part of the setup costs of a massive these advocates nonetheless content that the and verifiable,’’ is signed among many others new international regulatory body in the treaty was still worth having, more than a by former Secretary of Defense Dick Cheney, Hague. This superagency would be empow- third of the Senate concluded that the con- former National Security Advisor William ered to subject U.S. businesses to routine or vention was, at best, deeply flawed. At Clark, former Secretary of State Alexander ‘‘challenge’’ inspections of sites that alleg- worst, it would exacerbate the problem it Haig, former Secretary of Energy James edly might contain chemical weaponry or its was trying to fix. Herrington, former U.N. Ambassador Jeane key ingredients. As a result, the treaty’s proponents real- Kirkpatrick, former Attorney General Edwin A challenge inspection would be under- ized that they were going to lose. Let us Meese III, former Secretary of Defense Don- taken merely upon the request of a member. hope that the serious discussions we have ald Rumsfeld and former Secretary of De- The CWC gives any ratifier the right to ask had leading up to that decision will lead to fense Casper Weinberger. Weigh that list for an arbitrary inspection of a private facil- bipartisan support for constructive, sensible against the Clinton administration, and it ity—anytime, anywhere; the ratifier merely arms control approaches for dealing with really shouldn’t be a difficult decision. has to allege that deadly chemicals might be this scourge in the future. on the premises. The treaty requires that [From the Washington Post, Sept. 12, 1996] ‘‘the inspected . . . party shall be under the [From the Washington Times, Sept. 12, 1996] CHEMICAL WEAPONS FRAUD obligation to allow the greatest degree of ac- REJECT THE CWC (By Lally Weymouth) cess.’’ According to the implementing legis- lation for CWC, it would be ‘‘unlawful for Opposition is mounting to the Chemical If the Clinton administration succeeds in any person to fail or refuse to permit entry Weapons Convention (CWC), which the Sen- persuading the Senate to ratify the Chemical or inspection. ate is expected to vote on today. While most Weapons Convention, the mere fact of a new The inspection teams that will enter U.S. people—terrorists and lunatic dictators ex- treaty will not help the United States com- plants if this convention is ratified could cepted—regard chemical weapons with ab- bat the spread of this weapon of mass de- have representatives from states such as horrence and indeed would like to see them struction. Indeed, this particular treaty may France and Japan, for example, that practice banished from the face of the earth, the un- do the reverse: Some of the treaty’s oppo- industrial espionage. Ironically, Washington fortunate fact is that the CWC will do little nents argue convincingly that it would actu- also will have to foot some of the bills for to inhibit their production and use by those ally increase the trade in chemical agents these inspections, which experts believe may who are sufficiently unscrupulous. What will with military application. Certainly, it violate the constitutional rights of U.S. com- happen instead is that law-abiding American would facilitate the establishment of an un- panies and citizens. businesses, both those who manufacture necessary international regulatory agency Lt. Gen. James A. Williams, a former di- chemicals and those who merely use them, with unlimited police powers over thousands rector of the Defense Intelligence Agency, will be subjected to an intrusive, expensive of U.S. companies that produce chemicals has written to Majority Leader Trent Lott and possibly unconstitutional international that could be used to make weapons. warning that ‘‘the opportunity for unfet- regulatory regime. Sen. Jon Kyl (R-Ariz.) agrees with the ma- tered access to virtually every industrial fa- For anyone interested in what the report- jority staff of the Senate Committee on For- cility in this country, not merely the phar- ing procedures will look like for users of eign Relations: Of course a verifiable treaty maceutical and chemical plants, would make chemicals covered under CWC—and that in- that achieved real reductions in chemical most foreign intelligence organizations very cludes companies from Starbucks to weapons would serve U.S. national security happy.’’ Revlon—the chart on the opposite page interests. But, argues Kyl, this treaty isn’t American companies also would have to should give an indication. Some might find verifiable. Nor would it reduce the chemical provide continuing, time consuming reports. that it bears a more than passing resem- arsenals in countries U.S. officials deem While arms control officials told the Senate blance to the chart depicting Hillary Clin- most likely to use such war tools against Foreign Relations Committee that at least ton’s health care reform plan in all its infi- America and its allies: Libya, Syria, North 3,000 U.S. firms that use, process or consume nite variety. Korea and Iraq. Not surprisingly, these rogue chemicals would have to make so-called An estimated 3,000 to 8,000 U.S. companies states have refused to sign on to the regime. ‘‘data declarations’’ under CWC, the major- will be affected by the CWC. That means In fact, not one country of concern to the ity staff of the committee contends that as they will be subject to warrantless inspec- United States on the chemical weapons front many as 8,000 companies—firms that manu- tions with only 48 hours notice for an inter- has ratified this convention: not the People’s facture anything from dyes to pigments to national U.N.-style bureaucracy. Those most Republic of China, Iran, Cuba or even Russia, insecticides—could be forced to contend with likely to be affected are users of what the which has signed but not ratified and is said this burdensome load of paperwork. S12146 CONGRESSIONAL RECORD — SENATE October 1, 1996 Negotiations on the treaty began under a letter to the Senate majority leader oppos- signed at Geneva, March 6, 1948 (the President Reagan; the accord was seen then ing the CWC, the treaty does not even pro- IMO Convention). The amendments as a verifiable, global ban on chemical weap- hibit the two chemical agents that were em- were adopted on November 7, 1991, and ons. As time passed, the purposes changed. ployed to such catastrophic effect in World November 4, 1993, by the Assembly of Arms control experts concluded that con- War I and that are the backbone of Iran’s stitutional rights clashed with the need to current chemical arsenal—phosgene and hy- the International Maritime Organiza- verify. There would have to be a com- drogen cyanide. Why? Because they are too tion (IMO) at its seventeenth and promise. The balance that was struck, ac- widely used for commercial purposes. eighteenth sessions. I also transmit, cording to Kyl, adversely affects the United All right, you say (and many senators up for the information of the Senate, the States: While the convention doesn’t catch for reelection are privately thinking): So the report of the Department of State de- and punish many countries that have secret CWC is useless. What harm can it do? The scribing the amendments, their pur- chemical weapons programs, it ends up im- harm it—like all panaceas—does is induce a pose and effect. posing heavy costs and constitutional bur- false sense of security. dens on the United States. Treaties are not feel-good devices. They The United States is the world’s larg- are not expressions of hope. They are means est user of international shipping. [From the Washington Post, Sept. 12, 1996] of advancing peace by putting real con- These amendments strengthen the PEACE THROUGH PAPER straints on the countries that pose threats. International Maritime Organization’s (By Charles Krauthammer) Syria has put chemical weapons on the tips capability to facilitate international The Senate is about to vote on ratification of its Scud missiles. Iraq is rebuilding its ar- maritime traffic to carry out its activi- of the Chemical Weapons Convention. Senate senal. Libya is constructing the largest un- ties in developing strong maritime Democrats maneuvered—by threatening to derground chemical weapons plant on the safety and environmental protection filibuster the defense authorization bill—to planet. And what are we doing? Passing a treaty that will allow international agents standards and regulations. The IMO’s have the vote just before the election. The policies and maritime standards large- timing fits the political strategy. And the to inspect up to 8,000 American businesses, strategy is emotional black-mail: Who is searching and seizing without warrant. ly reflect our own. The United States going to vote against a treaty whose lofty The logic is more than comical. It is dan- pays less than 5 percent of the assessed goal is to eradicate chemical weapons from gerous. The chemical weapons treaty is part contributions to the IMO. the face of the earth? of a larger administration scheme to build a The 1991 amendments institutionalize Who? Every senator should. The goal is in- new post-Cold War structure of peace the Facilitation Committee as one of deed lofty, but the treaty that purports to through the proliferation of paper. Yester- the IMO’s standing committees. The bring it about is a fraud. day, a test ban treaty. Today, chemical The fatal problem with the chemical weap- weapons. Tomorrow, a biological weapons Facilitation Committee was created to ons treaty is that it is unverifiable. Sure, it convention and strengthening the ban on streamline the procedures for the ar- has elaborate inspection procedures. And an anti-ballistic missiles. rival, stay and departure of ships, even more elaborate U.N. bureaucracy to The conceit of this administration is that cargo and persons in international oversee them. No treaty is complete without it is following in the footsteps of Truman ports. This committee effectively con- that nowadays. As a result, the treaty will and Marshall in the 1940s, building a struc- tributes to greater efficiencies and be perfectly able to detect the development ture of peace after victory in a great war. In profits for the U.S. maritime sector, fact, they are following in the footsteps of of chemical weapons by free, open govern- while assisting U.S. law enforcement ments (like ours) that have never used and Harding and Coolidge, who spent the 1920s have no intention of using chemical weap- squandering the gains of World War I on the agencies’ efforts to combat narcotics ons. (Indeed, the United States now is ac- false assurances of naval disarmament trea- trafficking and the threat of maritime tively destroying its Cold War stockpile.) ties and such exercises in high-mindedness as terrorism. And the treaty will be perfectly useless at the Kellogg-Briand Pact. The 1993 amendments increase the preventing development of chemical weapons The Clinton administration calls the size of the IMO governing Council from by closed societies such as Iran, Iraq (which chemical weapons treaty ‘‘the most ambi- 32 to 40 members. The United States in 1988 blatantly violated the current treaty tious arms control regime ever negotiated.’’ has always been a member of the IMO Its ambition is matched only by that of the banning the use of chemical weapons), Libya, governing Council. Increasing the Syria and North Korea. These are precisely Kellogg-Briand Pact, also an American the places where chemical weapons are being brainchild, also promulgated to great inter- Council from 32 to 40 Member States made today for potential use against the national applause. (Frank Kellogg, Coo- will ensure a more adequate represen- United States or its allies. lidge’s secretary of state, won the Nobel tation of the interests of the more than How can anyone seriously defend this trea- Peace Prize for it.) All parties to that piece 150 Member States in vital IMO mari- ty as verifiable when, even as the Senate of paper pledged the renunciation of war for- time safety and environment protec- votes, Iraq—subject to a far more intrusive ever. The year was 1928. Germany and Japan tion efforts worldwide. inspection regime than anything con- were signatories.∑ The 1991 amendments institutionalize templated under the CWC—nonetheless is f the Facilitation Committee as one of going ahead with its chemical (and nuclear and biological) weapons programs right REMOVAL OF INJUNCTION OF SE- the IMO’s main committees. The 1993 under our noses? When North Korea, signa- CRECY—TREATY DOCUMENT NO. amendments increase the size of the tory and subject to all the fancy inspection 104–36 Council from 32 to 40 members, thereby provisions of the Nuclear Nonproliferation Mr. DOMENICI. Mr. President, as in affording a broader representation of Treaty, went blithely ahead and with impu- the increased membership in the IMO’s nity made nuclear bombs? executive session, I ask unanimous consent that the injunction of secrecy continuing administrative body. And these are violations by countries that Support for these amendments will had submitted to intrusive international in- be removed from the Convention on contribute to the demonstrated inter- spection. Yet we already know that Libya, International Maritime Organization, est of the United States in facilitating North Korea and Syria have not agreed to Treaty Document No. 104–36, transmit- cooperation among maritime nations. sign the CWC and thus will be subject to no ted to the Senate by the President on To that end, I urge that the Senate chemical weapons inspection at all! Not to October 1, 1996; and I ask that the trea- worry. The treaty will definitively banish give early and favorable consideration ty be considered as having been read the threat of chemical attack by Australia. to these amendments and give its ad- the first time; that it be referred, with All arms control treaties have problems vice and consent to their acceptance. with verification. But with chemical weap- accompanying papers, to the Commit- WILLIAM J. CLINTON. ons, the problem is inherently insoluble. tee on Foreign Relations and ordered THE WHITE HOUSE, October 1, 1996. Consider the (nuclear) START treaties with to be printed; and that the President’s f Russia: hard to verify, but at least they in- message be printed in the RECORD. volve fixed numbers of large objects—mis- The PRESIDING OFFICER. Without ORDERS FOR WEDNESDAY, siles—with no other use and not that hard to objection, it is so ordered. find. Chemical weapons, on the other hand, OCTOBER 2, 1996 involve small quantities of everyday stuff The message of the President is as Mr. DOMENICI. Mr. President, I ask that is impossible to find. follows: unanimous consent that when the Sen- How small? The sarin nerve gas use for the To the Senate of the United States: ate completes its business today, it Tokyo subway attack was manufactured by I transmit herewith, for the advice stand in adjournment until the hour of the Aum Supreme Truth cult in a single room. and consent of the Senate to accept, 12 noon on Wednesday, October 2; fur- How everyday? As Jeane Kirkpatrick and amendments to the Convention on the ther, immediately following the pray- Dick Cheney and many others pointed out in International Maritime Organization, er, the Journal of proceedings be October 1, 1996 CONGRESSIONAL RECORD — SENATE S12147 deemed approved to date, the morning of debate equally divided on the FAA unanimous consent that the Senate hour be deemed to have expired, and authorization bill conference report to- now stand in adjournment under the the time for the two leaders be re- morrow. The Senate may also turn to previous order. served for their use later in the day, consideration of any other items There being no objection, the Senate, and that there then be a period for cleared for action, including the possi- morning business until the hour of 2 bility of considering the Presidio parks at 6:01 p.m., adjourned until Wednes- p.m., during which Senators may speak bill conference report. Therefore, there day, October 2, 1996, at 12 noon. up to 10 minutes each. is a possibility of votes during tomor- The PRESIDING OFFICER. Without row’s session. Senators are also re- f objection, it is so ordered. minded that under the previous order, Mr. DOMENICI. Mr. President, fol- there will be a cloture vote on the FAA NOMINATIONS lowing morning business, I ask unani- authorization conference report at 10 mous consent that the Senate resume a.m. on Thursday. All Senators are Executive nominations received by consideration of the conference report urged to be in attendance for that im- the Senate October 1, 1996: to accompany H.R. 3539, the FAA au- portant vote Thursday morning. thorization bill. MORRIS K. UDALL SCHOLARSHIP AND EXCEL- The PRESIDING OFFICER. Without f LENCE IN NATIONAL ENVIRONMENTAL POLICY FOUNDATION objection, it is so ordered. ADJOURNMENT UNTIL 12 NOON f JUDITH M. ESPINOSA, OF NEW MEXICO, TO BE A MEM- TOMORROW BER OF THE BOARD OF TRUSTEES OF THE MORRIS K. PROGRAM UDALL SCHOLARSHIP AND EXCELLENCE IN NATIONAL The PRESIDING OFFICER. Mr. ENVIRONMENTAL POLICY FOUNDATION FOR A TERM OF 4 Mr. DOMENICI. Mr. President, under President, if there is no further busi- YEARS. (NEW POSITION) a previous order, there will be 3 hours ness to come before the Senate, I ask October 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1879 EXTENSIONS OF REMARKS

KASHMIR ELECTIONS: FREE AND tions—so much the dream and creation of in Africa has made me unpopular with some. FAIR? the United States—finds its home, here, in But I stand by the recognition of this re- America. ality. I further recognize the need for greater I am particularly honoured to have been advocacy for Africa. African conflicts are not HON. EDOLPHUS TOWNS invited to participate in this forum by Con- getting the attention they need from the OF NEW YORK gressman Donald Payne, the distinguished international community. IN THE HOUSE OF REPRESENTATIVES Chairman of the Congressional Black Caucus You, as leaders of the African American community, must continue to be vocal on be- Monday, September 30, 1996 and recognized foreign policy leader in Con- gress. half of Africa. You must call upon the inter- Mr. TOWNS. Mr. Speaker, elections were I thank Chairman Payne for holding this national community to engage actively in recently held in Kashmir. It was the hope and meeting on the peace-keeping mission of the the resolution of African conflicts before expectation of many that these elections United Nations to give us the opportunity to they escalate and exact a terrible toll on make more Americans aware of this vital human life. The security of African States, would clearly demonstrate the political pref- and of Africa as whole, needs to be under- erence of the Kashmiri people. The conduct of work. I pay tribute to Chairman Payne and to Congresspersons Cynthia McKinney, Alcee stood as significant for world peace and secu- the elections themselves, however, made this Hastings, Albert Wynn and Victor Frazer, rity. determination impossible. who serve with him on the House Inter- Policy makers in government, those in the At least one independent Indian-based national Relations Committee. private sector, and in the international news NGO, the All Indian Peoples Resistance I know that all of these members have val- media, need to be challenged to address con- Forum [AIPRF], found that people in Kashmir iantly continued the tradition of the Con- flicts in Africa, and seek their solution. How can we obtain the international atten- were not in favor of the elections. They viewed gressional Black Caucus as champions of U.S. engagement with the developing world, tion needed to resolve African conflicts? Let the elections as ``a design to continue the `an- me mention four ways: diplomacy, disar- nexation' of Kashmir.'' This perspective was and particularly with the nations of Africa and the Caribbean. mament, regional cooperation, and peace- verified, according to the AIPRF, by the lack of The history of African-Americans is one of building. The UN is at work in all these participation in the referendum. In several of struggle, of pride, and of brilliant achieve- areas. But more can be done, with your help. the polling sites, the turnout was no higher First, we can act through diplomacy. ment. African-Americans are an inspiration Diplomacy cannot work miracles—particu- than 6 percent by 4 p.m., a short time before to all who seek to live in liberty, in dignity, larly when one party believes it will gain the polls closed. Yet, the press reports in India and in justice. from using force. But in Africa, military ac- indicated a final turnout of 60 percent. The I want to acknowledge the rich contribu- tion too often is taken before diplomatic op- AIPRF also found numerous instances of se- tion which African-Americans have made to tions have been exhausted. the United Nations and to international di- curity forces pressuring people to vote when When diplomacy is an option, more and plomacy. Earlier this year, I participated in more African countries turn to the UN. As they were clearly reluctant to do so. the dedication of the new Ralph Bunche Cen- Certainly, we should make every effort to an impartial body, with a global mandate, ter for International Affairs at Howard Uni- and without the need to publicize its role, support real self-determination initiatives for versity. This wonderful centre honours the the UN can achieve a great deal. It can work the people of Kashmir. A referendum that is memory and contribution of the man whose behind the scenes, where compromise may not free and fair is not real self-determination. leadership launched the United Nations. more easily be reached. The successful UN I remain hopeful that the future of Kashmir can I recognize as well the continuation of the involvements in South Africa and Sierra be determined through democratic and non- legacy of the African-American diplomats Leone are solid examples of effective diplo- whose UN service followed that of Ralph macy. So is the resolution of territorial dis- violent avenues. Bunche, and want to pay particular tribute f putes involving Libya and Chad, and most to the service of Ambassador Andrew Young recently, Nigeria and Cameroon. REMARKS BY BOUTROS BOUTROS- as the US representative to the United Na- Remember, however, as we have been re- tions. minded in Angola and in Somalia, that no di- GHALI, SECRETARY GENERAL OF I had the privilege of working with Ambas- THE UNITED NATIONS: ‘‘CON- plomacy—no matter how skilled—can be suc- sador Young and his able successor, Ambas- cessful without one essential ingredient: the FLICT RESOLUTION IN AFRICA: sador Don McHenry, in the late 1970’s, as will of the parties to achieve peace. The DIPLOMACY AND ACTION’’ they made the US an active participant in same is true in peace-keeping, which is based the movement for self-determination and upon consent of the parties. Peace-keeping is majority rule in Southern Africa. therefore not appropriate for war situations. HON. CHARLES B. RANGEL And, of course, I could not be here at this OF NEW YORK I have long argued that in war situations, meeting without paying tribute to the lead- the international community should either IN THE HOUSE OF REPRESENTATIVES ership of the African-American community— send combat troops or no troops at all. Monday, September 30, 1996 especially Randall Robinson of TransAfrica— Experience has shown that the best way to and the Congressional Black Caucus in se- do that is with a multinational force, or re- Mr. RANGEL. Mr. Speaker, during the just curing legislation to impose sanctions upon gional force, authorized by the UN Security concluded Congressional Black Caucus legis- the apartheid regime in South Africa in the Council. The enforcement action could then, lative weekend, we were honored by the pres- mid-1980s. if necessary, be followed by peace-keeping. ence of the Secretary General of the United Allow me, now some personal remini- This was the course of the international in- Nations, the Honorable Boutros Boutros-Ghali. scences. volvement in Haiti—so far successful, and in The Secretary General spoke to the Inter- In 1977, I was asked to become Minister of which the leadership of the Black Caucus has State of Egypt. As Minister, I chose—with- been crucial. national Affairs workshop on ``Conflict Resolu- out hesitation—to focus on African affairs. tion in Africa: Diplomacy and Action'' that was I call upon you, the members of the Con- In support of President Sadat’s foreign pol- gressional Black Caucus to continue your ef- chaired by our esteemed colleague and chair- icy I travelled throughout Africa and en- forts to mediate the conflicts in Liberia, man of the Congressional Black Caucus, DON- gaged with the problems of the Continent. Rwanda and Burundi. We must persevere in ALD PAYNE of New Jersey. All who heard the Today, I can look back and say that I have our efforts to resolve those conflicts. For Secretary General's speech were impressed visited virtually every African country. And history has shown that hard work and perse- anew with his commitment to the economic, I can look forward and predict that Africa verance can produce positive results in even social, and political development of the African will emerge as a great and vibrant force on the most difficult situations. the world scene. continent. I believe that all of our colleagues in Second, we can reduce conflict in Africa by My friends, I am African. And as an Afri- disarmament. the House should be made aware of the Sec- can, I am grateful to you for inviting me to Disarmament is an essential confidence- retary General's speech and, therefore, I ask share with you some of my thoughts on con- building measure, both among States and that it be placed in the CONGRESSIONAL flict in Africa. within them. The signing in April of the Af- RECORD. My public comparison of the amount of rican Nuclear-Weapon-Free Zone Treaty was I am honoured to stand before Representa- international attention and response devoted a major step forward in the disarmament of tives of the American people. The United Na- to conflicts in Europe as compared to those weapons of mass destruction.

∑ 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. E1880 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1996 Action is now needed to stem the uncon- In Mozambique and in Angola, for example, work of Bob Walker upon his retirement trolled flow of small conventional arms— democratization and improved civil govern- after 20 years of service in the House of Rep- which have, for too long, sustained and stim- ance have underpinned a new commitment to resentatives. Let me share with my col- ulated African conflict. What I have called peace and an end to violent conflict. leagues a brief story that speaks to Bob’s micro-disarmament will be indispensable. Sierra Leone has just concluded a success- legacy. Africa has been flooded with small arms. The ful electoral process. But this process was Several years ago, as a member of the Vet- very existence of light weapons in such vast not an easy undertaking. I personally inter- erans’ Affair Committed, I traveled to Flor- numbers makes conflict in Africa inevitable. vened with former Chairman Strasser, and ida for a hearing with our good friend, Con- The United Nations has begun to track the later on with his successor, Brigadier Bio, to gressman Mike Bilirakis. An older woman, transfer and stockpiling of light arms, and to impress upon them the necessity of abiding working at the hotel, discovered I was a set forth steps of achieving mico-disar- by their pledge to hold elections. At a criti- Member of Congress, member of the Veter- mament. cal stage in this controversy, I personally ans’ Affairs Committee and a veteran myself. A comprehensive international ban on went to Freetown to make the case for free She asked me to call her husband who was a land-mines is also urgently needed. Even and fair elections. disabled veteran and confined to their home. years after conflict has subsided, land-mines Development is crucial. Without it, the After some polite conversation and pleas- continue to pose a severe obstacle to agri- competition of scarce resources will con- antries, the man inquired again about my culture, transportation and infrastructure. demn Africa to continual conflict. The un- name. I reminded him that it was Tom Ridge Landmines in Africa are part of a destructive bearable burden of debt must be lifted from of Pennsylvania. He admitted that he legacy of conflict that has impeded develop- African shoulders. And development assist- watched Congress on C-SPAN often and that ment. And this, in turn, has fuelled still ance levels must rise so that Africans can be he was not familiar with me. But his voice more conflict. The United Nations has taken enabled to participate in the new global got stronger and a little more excited when the lead in building international support for economy. he asked if I knew Congressman Bob Walker a ban on the production and transfer of all The Congressional Black Caucus leadership who he thought was doing a wonderful job. land-mines and land-mine components. This has created a new US trade and investment This man observed on television what we U.N. campaign deserves the widest support. policy towards Africa, following the legacy learned to appreciate in this Chamber. For Third, we can help prevent—and resolve— of the late Secretary Ron Brown. Ron Brown years the minority relied upon Bob’s perse- the problems of conflict in Africa by rein- opened the eyes of the US business commu- verance, tenacity and focus to protect the forcing regional cooperation. nity to opportunities for profitable invest- rights of his Republican colleagues and chal- Cooperation between the United Nations ment in Africa. I salute the memory of Sec- lenge the ideals of his Democratic counter- and the OAU has been strengthened. The cur- retary Ron Brown. He gave his life on a parts. For years he served his party, this in- rent situation in Burundi emphasizes the peace-building mission. He was a true peace- stitution and the country by challenging positive role which regional organizations builder. procedure and process to ensure that the mi- can play in promoting regional stability and The new U.N. Special Initiative for Afri- nority voice and opinion would be heard. We the peaceful resolution of local conflict. ca—which I initiated in April 1996—offers a have all witnessed, hundreds of times, Bob The OAU must play an ever more active comprehensive, peace-building approach. It engaged in a colloquy with members on the role in the resolution of African conflicts. It draws together all the elements of the U.N. other side demanding explanations of ruling has recognized the need for leadership in this system—including the Bretton Woods insti- from the Chair, justification for limiting de- area through the creation of a Mechanism tutions—to mobilize support for Africa’s pri- bate, and explanations for more money and for the Prevention. Management and Resolu- ority development goals, in the most effi- new programs. We can all give witness to the tion of Conflicts. I thank the Congressional cient and cost-effective manner possible. simple, but important, fact that he never did Black Caucus for your support of the OAU I ask you of the black Caucus to help so in a personally offensive, malicious or over the years. And I thank you for your re- Americans learn about—and support—the mean-spirited manner. cent support for U.S. assistance to the build- U.N. Special Initiative for Africa. There has always been and must always be ing up of OAU’s conflict resolution capacity. Just yesterday, the High Level Panel of concern in this country about protecting the In April, I welcomed the decision of the Personalities on African Development—a rights of minorities, whatever that consist- Government of Central Africa to designate group of internationally recognized experts ency might be. No one during my twelve armed units for possible United Nations or on African development—met in New York years in the House of Representatives did a Organization of African Unity peace assign- to provide me with counsel on the implemen- better job of protecting the rights of the po- ments. tation of the Special Initiative for Africa. I litical minority to disagree without being This measure has far-reaching implica- am pleased to have on this Panel the partici- personally disagreeable than Bob. In the tions for conflict management prospects in pation of the Honourable Andrew Young. People’s House, no one better understood or Central Africa. Had such a measure been en- If the international community gives Afri- worked harder to ensure that all sides of the acted two years ago, a massive human trag- ca the support she deserves, it can help to tip issue were aired before final disposition that edy in Rwanda might have been averted. the balance toward a brighter future for all Bob Walker. I thank him for his extraor- I have been intensively involved in the of Africa, and for all the world. dinary service to the House of Representa- U.N.’s work with the Monitoring Group Thank you. tives and to his country. [ECOMOG] of the Economic Community of West Africa States [ECOWAS] regarding the f REMARKS BY GOVERNOR TOM RIDGE, HONORING terrible conflict in Liberia. THE RETIREMENT OF THE HONORABLE BILL As you know, I took the initiative to rec- TRIBUTE TO CHAIRMEN WALKER CLINGER ommend to the Security Council the involve- AND CLINGER ment of U.N. peace-keepers in Liberia, as a It is a personal pleasure for me to join Bill major assistance to the ECOWAS operation. HON. JOSEPH M. McDADE Clinger’s colleagues to acknowledge his ex- I know that all of us have been frustrated by traordinary service as a Member of the the lack of political will to reach a peaceful OF PENNSYLVANIA House of Representatives for the past 18 agreement on the part of the faction leaders. IN THE HOUSE OF REPRESENTATIVES years. We honor him for his proud and sub- However, there now appears to be reasonable Monday, September 30, 1996 stantive legacy of legislative work and ac- grounds for optimism. complishments. This achievement is well We are now awaiting word from the Libe- Mr. McDADE. Mr. Speaker, I am very documented throughout the CONGRESSIONAL rian Council of State as to what role the UN pleased to take this opportunity to recognize RECORD and committee reports. These chron- should play in the elections scheduled for the the exceptional contributions of two native icles, however, do not necessarily reflect end of May 1997. We understand there is a sons of the commonwealth of Pennsylvania, those personal qualities that made his serv- consensus for the UN to conduct the elec- ice truly a model for those who succeed him. ROBERT S. WALKER and WILLIAM F. CLINGER, tions. For my part, I will use my best efforts I join my colleagues this evening not to re- to give the Liberian people the opportunity Jr. We thank them for their decades of service view what Bill Clinger has done as a Member to choose their own leaders in free and fair to their congressional districts, to the common- of Congress, but how he has done it. For as elections. wealth and to our Nation as they plan to retire Henry David Thoreau once wrote, ‘‘I know of The fourth area for international action is from the House of Representatives at the end no more encouraging fact than the unques- peace-building, which combines many dimen- of their Congress. tionable ability of man to elevate his life by sions in a comprehensive effort. The purpose A am also pleased to share with you re- a conscience endeavor.’’ Bill’s contributions is to remove the causes of conflict, and to so- marks by Pennsylvania Governor Tom Ridge were not only matters of public policy, but lidify the achievement of peace. also of attitude and approach. He will always Democracy and respect for the rule of law honoring Bob Walker and Bill Clinger. be remembered and respected for the great help guard against division, conflict and war. REMARKS BY GOVERNOR TOM RIDGE, HONORING civility of style and tone he brought to cor- In Africa, democracy is an essential compo- THE RETIREMENT OF THE HONORABLE BOB dial discourse throughout his entire career. nent in the conflict resolution process. It is WALKER His entire public life speaks to the ability to a strong support for efforts to achieve na- It is a pleasure for me to join my col- advocate strong beliefs with conviction, tional reconciliation. leagues in recognizing and honoring the good compassion and civility. October 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1881

The public is legitimately concerned about Reform Act of 1995 both represent BILL's vigi- BILL WILEY, A UNIQUE RESOURCE the manner in which the people’s business is lant efforts to promote good government for often conducted in Washington. There are far which I commend him. too many occasions of rancorous, personally- HON. NORMAN D. DICKS directed, highly partisan and self-righteous The Federal Acquisition Reform Act is an- OF WASHINGTON debate in public chambers. And so, some other important legislative legacy from Chair- IN THE HOUSE OF REPRESENTATIVES have categorized the politics of governing as man CLINGER. It will allow our Government to Monday, September 30, 1996 a contact sport; others, as a blood sport. cut through needless paperwork and reduce Clearly, it can be a spirited, rough and tum- inefficiencies in Federal procurement proce- Mr. DICKS. Mr. Speaker, I wanted to bring to my colleagues' attention the loss of a ble profession where one’s ability to remain dures. calm and thoughtful amidst challenge and unique resource in the State of Washington, BILL's 17-county congressional district bor- criticism is frequently tested. The record indeed, the entire country. Dr. Bill Wiley, who ders may own, and our districts have many should reflect that Bill Clinger always has served in many capacities over the past passed this test, keeping intact his integrity similar needs. I have long valued his good 30 years, passed away on June 30, 1996. and character. His gentle manner, thought- counsel and loyal friend. All who know BILL While he was only 54, he made many con- ful ways and congenial disposition gave him recognize his dignity and integrity. tributions to many causes and left us at too enormous credibility and earned him the BILL, BOB, we miss you both. But you leave early an age. deep and lasting admiration and respect of knowing that this is a better Nation for your I first met Bill Wiley in 1984 when he be- his colleagues. service. Thank you and good luck. During my twelve years in the House of came director of the Pacific Northwest Na- Representatives, I had many opportunities tional Laboratory, operated by Battelle Memo- to work with my friend and neighboring Con- f rial Institute. While Battelle has many facilities gressman from northwestern Pennsylvania. I A TRIBUTE TO JOSEPH J. RISHEL in the State of Washington, at that time they will always be grateful for Bill’s counsel and did not have any in the Sixth District. Subse- friendship. As America looks for a model of quently, the Marine Sciences Laboratory at integrity, purposefulness, commitment and HON. THOMAS M. FOGLIETTA Sequim became a part of the Sixth District energy for its public servants to follow, there OF PENNSYLVANIA after the reapportinment of 1990. Battelle also could be no better norm or standard than that set by my friend, Bill Clinger. IN THE HOUSE OF REPRESENTATIVES has facilities at Seattle and Richland, and Bill Wiley was the senior official for Battelle in the The Pennsylvania congressional delegation Monday, September 30, 1996 Pacific Northwest from 1984 until 1994, at has a long tradition of close, bipartisan co- Mr. FOGLIETTA. Mr. Speaker, I rise today which time he was named senior vice presi- operation. While we have not always agreed, to pay tribute to Joseph J. Rishel, whose dent for science and technology policy for we have relied on the valuable dialog with our knowledge of and dedication to fine art has Battelle Memorial Institute and his portfolio ex- Pennsylvania colleagues and with Pennsylva- benefitted the citizens of Philadelphia for 25 panded to the world. nia Governors of both parties to promote the years. Bill Wiley was a tremendous resource in his interests of those citizens whom we are all After receiving his M.A. from the prestigious community of Richland, indeed, the entire Tri- proud to represent. University of Chicago, and teaching at the Col- Cities area. He was a member of the Rotary, With the convening of the 104th Congress, lege of Wooster, Joe Rishel began working at Tri-City Industrial Development Council, and the four committee chairmen from the Penn- the Philadelphia Museum of Art as associate chairman of the United Way Campaign. His sylvania delegation built on our long history of curator of European Painting before 1900 and community service was highlighted in 1989 open, candid debate. Chairman WALKER and the John G. Johnson collection. In 1972, Joe when he was selected by his fellow commu- Chairman CLINGER are part of a distinguished was promoted to curator of the Rodin Mu- nity leaders as Tri-Citian-of-the-Year. tradition of Pennsylvania leadership in the seum, as well as curator of European Painting Bill Wiley had so much enthusiasm and so House that goes back to the first Speaker of and Sculpture Before 1900 and the John G. much to give that his talents were sought by the HouseÐFrederick Augustus Conrad Muh- Johnson collection. Joe continues to serve in the entire State of Washington. Since Bill lenberg. this capacity, overseeing the daily operations Wiley was a perfect demonstration of what ROBERT S. WALKER was first selected in educational opportunity can provide, he spent 1976, and his constituents from the 16th Dis- of the European collections as well as the Rodin Museum. a good deal of his time on this issue. Edu- trict have sent him back to each succeeding cation was a primary interest of his and, there- In addition to the day-to-day duties of run- Congress. Some of you may not realize it, but fore, it was not surprising that he was selected ning a first-rate museum, Mr. Rishel has co- BOB's expertise on the rules and procedures to be a member of the first Washington Higher ordinated several of the major exhibitions at of the House comes not only from his 20 Education Coordinating Board. He also served the art museum, bringing some of the world's years as a Member. He served for 10 years as a member of the Board of Regents of Gon- most celebrated artistic works to Philadelphia. as a legislative assistant and administrative zaga University, a member of the Board of Most recently, Joe acted as the cocurator of assistant to Congressman Edwin Duing Eshle- Overseers at Whitman College, and was most man of Lancaster County. the sensational Ceszanne retrospective, which recently a member of the Board of Regents of Under BOB's able leadership, the House attracted record crowds in Paris, London, and Washington State University, having also Committee on Science reported the Space PhiladelphiaÐover 780,000 attended the ex- served as Chairman of this Board. Addition- Commercialization Promotion Act of 1996, hibit in Philadelphia. On August 22d, I was ally, he served as a member of the Washing- which will encourage the development of a lucky enough to have Joe as my personal ton Board of the Mathematics, Engineering, commercial space industry in the United guide through this exhibit of over 100 paint- and Science Achievement [MESA] organiza- States. ings and 75 works on paper. Having had this tion which is chartered to enhance the capa- BOB WALKER was the original sponsor of the unique opportunity, I am confident that all bilities for young students of minority popu- only statutory provision in present law protect- 780,000 who viewed the exhibit in Philadel- lations to pursue science and engineering ca- ing students' rights to voluntary school prayer. phia share my sense of gratitude to Joe for reers. Bill also served on the Board of the I want to commend him on this noble effort in bringing such a wonderful collection to Amer- Commission for Student Learning for the State particular because I recognize the challenge it ica. of Washington. posed and concur with him on the importance Joe's other successes extend beyond the Bill Wiley was also a good corporate citizen. of affording our young people their constitu- confines of the museum. He is an accom- He was a member of the Board at Trustees of tional rights. Well done, BOB, and best wishes. plished author on art and art-history, having Fred Hutchinson Cancer Center, as well as a BILL CLINGER won his first bid for elective of- contributed to many museum publications as member of the Boards of Directors of the fice in 1978, and took a seat in the 96th Con- well as to the catalogue, ``Great French Paint- SAFECO Company, the Washington Business gress. The people of the Fifth District of Penn- ings from the Barnes Foundation,'' which was Roundtable, ``Forward Washington,'' the Se- sylvania have reelected BILL ever sinceÐtwice written in conjunction with the Barnes exhi- attle branch of the Federal Reserve Bank of with no candidate standing in opposition. bition which traveled last year through Europe, San Francisco, and the Pacific Science Cen- As the chairman of the Government Reform Asia, Canada, and the United States. ter. When Governor Lowry was elected in and Oversight Committee in the 104th Con- Mr. Speaker, in light of Mr. Rishel's accom- 1992, he asked Bill Wiley to serve on his advi- gress, BILL shepherded key elements of the plishments in the art world as well as his suc- sory committee for addressing statewide is- Contract With America through the Congress cesses in making fine art available to the peo- sues. and saw them enacted into law. The Line-Item ple of Philadelphia, I hope my colleagues will Soon the Pacific Northwest region sought Veto Act of 1996 and the Unfunded Mandates join me in honoring Joe on this day. out this man of many talents. He became a E1882 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1996 member of the Board of the Oregon Graduate tion of state-of-the-art equipment for the National Guard, or chairing the House Com- Institute, and was later named to the Board of cutting-edge work that will be conducted mittee on Science, Chairman WALKER has the Pacific Northwest Natural Gas Co., and he there. contributed to our Nation in ways both large The workers are building on a foundation provided many years of service to the Oregon that is Wiley’s heart and soul. But he will and small. As an enthusiastic supporter of Museum of Science and Industry. not be there to cut the ribbon. The former science, he has preached the necessity for Not surprisingly, the Nation learned about director of Pacific Northwest National Lab- Federal involvement in research and develop- this man of remarkable skills, and many orga- oratory died June 30. ment projects. As a visionary, he recognized nizations recognized his contributions to At Wiley’s funeral earlier this month, a the vast potential of outer space and led the science and technology issues as well as edu- colleague, Jack White, proposed EMSL carry fight for further funding of both the manned cation challenges. He was selected to be a the name of the man who conceived it. space program and the space station project. member of the Government-University Industry It’s a good idea and one we hope Martha Krebs, the Department of Energy chief of na- As a Government steward of our planet, he Roundtable [GUIR]; he was asked to serve on tional labs, will consider. She arrives tonight strongly advocated research and development several task forces of the Center for Strategic in the Tri-Cities to review EMSL’s progress. into hydrogen as an alternative fuel source and International Studies and Office of Tech- After October, about 210 permanent staff with the hopes of saving our environment form nology Assessment. He was a lifelong mem- will move into EMSL, which also will accom- further pollution. ber of the American Association for the Ad- modate scores of visiting scientists and stu- vancement of Science [AAAS] and had been dents. The lab is expected to be 100 percent As a protector of our civil liberties, he se- named cochairman of the upcoming annual complete by fall 1997. cured a student's right to voluntary prayer by The annual research and operating budget meeting to be held in Seattle in February being the original sponsor of the only existing will be about $70 million. law protecting that sacred right. And as a re- 1997. He also was an invited participant in the On a 1994 visit, Krebs gave Wiley credit for Economic Conference convened by President former, he struggled to make our Nation's steering EMSL along the bumpy path of con- workplaces drug free through his efforts on the Clinton and Vice President Gore in Little Rock, gressional approval and financing. AR in December 1992. Bill Wiley was recog- ‘‘Battelle, especially under the guidance of Drug-Free Workplace Act. nized for his talents by being selected Black Bill Wiley, has exercised extraordinary lead- Chairman BILL CLINGER has also lived a life Engineer of the Year by Black Engineer maga- ership in the past 10 years in anticipating of dedication and service. From his beginnings zine as well as receiving a distinguished asso- the direction that national labs must go,’’ at the Blair Co. in his hometown of Warren, said Krebs, who spent seven years on the PA, to his career overseas as a lieutenant in ciate award from the U.S. Department of En- House of Representatives’ Committee on ergy in 1994. Bill Wiley had recently been se- Science and Technology. Navy intelligence, as a lawyer in his own law lected to serve on the Smithsonian Institution's Under Bill Madis, Wiley’s successor, this firm, and eventually a member and leader of National Board and been elected president of laboratory is positioned to make worldwide this House, Chairman CLINGER has likewise Sigma Xi, the Scientific Society of America. I contributions that go beyond Hanford. given of himself to his community, his State think, Mr. Speaker, you can begin to get the The entire thing started in Wiley’s imagi- and his country while asking for nothing in re- sense of this man and his contributions to so- nation and was rooted in his conviction that turn. He entered this House at about the same the molecular revolution will be just as crit- time as Chairman WALKER and set upon the ciety at all levels. ical to human advancement as was the in- I will not stop there. The man had a vision dustrial revolution and the atomic age. same task, but on the battlegrounds of dif- that covered the globe. He was instrumental in It is fitting such a visionary and ferent committees. As a member, and even- supporting Battelle's efforts to create Energy groundbreaking facility be named after such tual chairman, of the House Committee on Efficiency Centers in third world countries. He a visionary and groundbreaking man. Government Reform and Oversight, Chairman was a driving force in Battelle's efforts to de- f CLINGER set upon the difficult task of restoring velop these centers in Russia, Ukraine, Bul- the promise of a government of the people, by garia, Poland, and China. TRIBUTE TO ROBERT WALKER the people, and for the people. AND WILLIAM CLINGER What I have omitted in this statement is the During the dark days of the post-Vietnam fact that Bill Wiley was the director of the Pa- and Watergate era, Chairman CLINGER came cific Northwest National Laboratory for 10 HON. JAMES C. GREENWOOD to Washington with one goal in mind, to re- years, from 1984 to 1994. This, itself, is a full- OF PENNSYLVANIA store the faith of the American people through time job with many challenges. His vision as IN THE HOUSE OF REPRESENTATIVES tireless and often thankless service to the ref- director of this laboratory was to build a great Monday, September 30, 1996 ormation of their government and their institu- national laboratory. The raison d'etre of this vi- Mr. GREENWOOD. Mr. Speaker, I rise be- tions. He has done this by fighting to make sion was the Environmental Molecular this government more accountable to the peo- Sciences Laboratory, which I have had the fore you today to pay tribute to two Members of this body who have distinguished them- ple by reforming the managerial practices of pleasure of supporting and helping make hap- Government organizations from the General pen over the last 5 years. When this labora- selves as honorable leaders through their lives of service in this House. For nearly 20 years, Accounting Office to the White House. tory opens later this year, it truly will be a Through his support of measures such as the Chairmen ROBERT WALKER and BILL CLINGER monument to Bill Wiley's vision and what line item veto and the curbing of unfunded science can do to solve mankind's problems. have served this body as faithful representa- Federal mandates, Chairman CLINGER has Mr. Speaker, this son of a shoemaker from tives from the Commonwealth of Pennsylva- fought to cut wasteful Government spending Jackson, MS, through education and dedica- nia. They entered this House at a time of up- and pork-barrel projects that have plagued the tion, made his community, his State, his Pa- heaval as our Nation struggled to regain the American public for so long and have contin- cific Northwest that he loved, so dearly, his confidence in its institutions and elected offi- ued to demand more of the people's hard country and, indeed, the world a better place cials that had been shaken by the schism over earned money. Through his support of these to live. He was memorialized by the Tri-City Vietnam and the disgrace of Watergate. measures and adhering to the higher stand- Herald newspaper following his death, and I Through their devotion and selfless service, ards of civility and intellectural integrity, Chair- am inserting for the RECORD the text of that Chairmen ROBERT WALKER and BILL CLINGER man CLINGER has shown himself to be a true editorial, suggesting that the EMSL should be played leading roles in restoring faith to the representative of the needs and wants of the named in his honor. American people, particularly to the people of the 5th and 16th Districts of Pennsylvania. people of the United States, who are indeed [From the Tri-City Herald, July 30, 1996] the true governing force of this great nation. EMSL SHOULD CARRY BILL WILEY’S NAME In my time as a member of this body, I have It was 10 years ago when Bill Wiley pro- had the pleasure to serve in the same delega- Mr. Speaker, through almost 20 years of posed his vision of a laboratory where top tion as these two gentlemen, and it is unfortu- service, Chairmen WALKER and CLINGER have scientific experts could collaborate on mo- nate for this House that upon conclusion of done much to restore the faith of the people lecular science. the 104th Congress, we will lose them to re- and to bring honor to this great House in His vision was of a new era of innovation tirement. which we are members. Mr. Speaker, I ask on the molecular level with far-reaching im- For his early years in Millersville, PA, Chair- you, as well as the rest of my colleagues in plications in a variety of fields, including man WALKER dedicated himself to a life of this House, to join with me and the people of medicine, energy and environmental clean- up. service to our Nation. Whether he was shap- Pennsylvania in thanking Chairmen ROBERT That vision is coming to fruition as the ing the minds of our Nation's young as a so- WALKER and BILL CLINGER for their years of Environmental Molecular Science Labora- cial studies teacher at Penn Manor High service as distinguished Members and leaders tory is readied for occupancy with installa- School, protecting his State as member of its of this House. October 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1883 THE GENTLELADY FROM CHICAGO You have been an asset to Washington, will have a chance to share in real wage and you will be missed. I wish you, your wife growth, our kids’ blighted education oppor- Barbara, and your three children much happi- tunity almost certainly will destroy large HON. EDOLPHUS TOWNS portions of our next generation. OF NEW YORK ness in the future. This is not a pretty picture. Still, my IN THE HOUSE OF REPRESENTATIVES f sainted grandmother told me never to dwell Monday, September 30, 1996 on today’s ills. The point for her and for us REMARKS BY DAVID JONES, is—what are you going to do about it? Mr. TOWNS. Mr. Speaker, I rise to honor CHAIRMAN OF THE BOARD OF And that is why a discussion of economic our colleague from Illinois, the gentlelady, the CARVER FEDERAL SAVINGS, development and wealth creation is so vital Honorable CARDISS COLLINS. For more than 22 CHIEF EXECUTIVE OFFICER OF now. years, CARDISS has represented the Seventh THE COMMUNITY SERVICE SOCI- Walking down the streets of my own Bed- Congressional District in ``The Windy City'' of ETY OF NEW YORK: ON THE ford-Stuyvesant community provides a clear Chicago. She leaves with a rich history of leg- COMMUNITY SERVICE SOCIETY look at one reason for our disarray. Brook- lyn has nearly 1 million African-American islative accomplishments. OF NEW YORK residents. So where are our businesses? Big In addition to being the longest serving Afri- or small, where are the economic engines can-American woman in Congress, CARDISS HON. CHARLES B. RANGEL that could provide jobs and experience for will always be remembered for her champion- OF NEW YORK our young people? ship of quality health care for women and mi- And some corollary questions: Where are norities, enhanced consumer protection and IN THE HOUSE OF REPRESENTATIVES the financial contributions that could elect promotion of minority business enterprise. Her Monday, September 30, 1996 leaders responsive to our needs as African- Americans? Where is the funding for institu- legislative efforts improved access to cancer Mr. RANGEL. During the Congressional screening for poor and minority women. She tions that will protect our rights against Black Caucus weekend, we benefited from the those who want to strip us of everything we authored landmark legislation and investiga- presentations, advice and counsel of experts fought for at such great cost? tions on both aviation security and toy safety. in the many issues of concern to the African- The capital is there within our own com- Having served with CARDISS as both a American community in the United States. We munities. African Americans, whose rate of member of the Commerce Committee and the had a rich 2 days of discussion at the Wash- increase in buying big-ticket items outpaces Government Operations, now Government Re- ington Convention Center, exploring the prob- that of white households, don’t see much being recirculated. In fact many commu- form and Oversight Committee, I know of no lems which afflict our community and possible better leader than our current ranking Demo- nities are hemorrhaging cash. ways to effectively address and define solu- I want to emphasize that economic devel- crat on Government Reform. The leadership tions. opment and wealth creation and all too often she demonstrated as both the Energy and My colleague from Queens, NY, Congress- considered as separate and distinct ways of Commerce Subcommittee chair of the Com- man FLOYD FLAKE, held an economic develop- obtaining equality in American society from merce, Consumer Protection, and Competi- ment braintrust forum which reviewed current other forms of advancement. It’s the old tiveness and the Subcommittee chair of the efforts of community groups in New York City Booker T. Washington/W.E.B Dubois split. Government Operations Subcommittee on But today fighting for economic develop- and throughout the Nation to achieve sustain- ment is not different from political action Government Activities and Transportation, only able economic development through the at- intensified when she became the ranking and voter registration, or removed from the traction of resources to enable the investment need to improve educational opportunity. member of the Government Reform and Over- in infrastructure and human resources that will These are all part of the same objective. If sight Committee. Time and again she was promise jobs, renewed economic activity, and we are to rebuild a movement for African- called upon to defend the actions of the cur- the retention of funds in the African-American Americans, then political, social and eco- rent administration; Cardiss did so without ran- community. I want to share with you and my nomic empowerment efforts must be melded cor and bitterness. Her ability to get the job colleagues the contribution of David Jones, into one fight. done with a mixture of wit, intelligence and In this effort we must also recognize that who was one of the presenters. David Jones, we are in trouble because of a significant down right good humor will be definitely chairman of the board of Carver Federal Sav- missed. It has been my honor to serve with class problem that divides us, just as it di- ings and chief executive officer of the Commu- vides other ethnic groups. Despite our sig- Cardiss during her last 13 years in the House. nity Service Society of New York, also serves nificant presence in American society—near- f on the board of the Harlem community's ly 40 million strong and with a collective TRIBUTE TO HON. TOBY ROTH ON empowerment zone. wealth in the billions of dollars, class and in- come divisions make it difficult to develop a STATEMENT OF DAVID R. JONES HIS RETIREMENT common agenda that would benefit all. The distinguished legal scholar Derrick At the height of the civil rights movement HON. G.V. (SONNY) MONTGOMERY Bell has described the present period as the it was obvious to African-Americans at every worst for African-Americans since the 1890s, OF MISSISSIPPI income level that joint action for equal when the gains of the Civil War and recon- IN THE HOUSE OF REPRESENTATIVES rights and opportunity was vital to improv- struction were wiped away by the Klan and ing everyone’s life chances. That movement Monday, September 30, 1996 the black codes. cinched extraordinary upward mobility for a Mr. MONTGOMERY. Mr. Speaker, it is my Some might dismiss Bell’s observation as generation of middle-class African-Ameri- over the top. How bad can things be when an great pleasure to add my congratulations to cans already well positioned to make the Oprah Winfrey takes in more than $170 mil- most of its hard-fought social, political and Congressman TOBY ROTH. After 18 years of lion in one year or when a hard-charging economic gains. service to his home State of Wisconsin, this black middle class is seeing unprecedented It also opened the door for the tens of will be his last term, and I wish him well in his income growth and participation in all as- thousands of poor and working people who retirement. pects of American life? through hard work, wit, and luck managed During this time here in Congress, TOBY But everyone in this room knows what to escape urban and rural poverty. ROTH has represented his State well. He is a Professor Bell is talking about. Consider the But as Harvard’s William Julius Wilson respected Member of Congress on several drum beat for attacks on affirmative action, has shown so well, many were left behind key issues, and he is particularly well known The Supreme Court’s single-minded effort to and their condition is rapidly deteriorating. roll back electoral gains in Congress and in in Congress for his ability on international mat- They have become, because of color and con- the State houses, or the vicious mugging of dition, the perfect scapegoats for both major ters. No one in the House is more knowledge- the Nation’s children and poor under the parties and held responsible for everything able or more articulate on these issues. He guise of welfare reform. wrong with America. has played a part in just about every major Add in the increasing abandonment of pub- Now the Nation has come full circle. To- foreign policy decisions that has taken place in lic education and you know Bell is no alarm- day’s attacks on all people of color don’t Congress over the last 10 years. ist. In urban schools like New York’s, with make fine distinctions between some He and I have shared an interest in lowering kindergarten classes exceeding 50 children ‘‘threatening’’ ghetto underclass and an al- Government spending and lowering taxes. (often with only one teacher) and where in- ternatively benign and assimilable middle adequate materials and poorly trained teach- That is why we have so often been recipients class. The attacks are indiscriminate and ers are the norm, you have a crisis brewing. across the board. of the same awards and recognition. I know At a time when real wages are plummeting And precisely because the attacks are so that I am on the right track on a fiscal issue for all but the most educated or the well- broad-brush, they allow for a renewal of un- if I see Representative ROTH voting the same born, and when everyone including the Presi- derstanding that we have a common agenda. way. dent has said that only the best prepared They allow for a unity of purpose we have E1884 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1996 not seen since the civil rights era. Economic artisans. It means getting away from the years in the Labor-HHS and Interior appropria- development is the arena where that re- childishness of left and right that says gov- tions bills, all Federal agencies receiving ap- sponse can be framed. ernment and business have to fight each propriated funds will be subject to a uniform Let’s talk specifics. other. They have always collaborated; the I am board chairman of the Carver Federal question is—in whose interest? set of restrictions. Savings Bank, in New York City. With some We can make them work together for our f $370 million in deposits and assets, Carver is community, and that is what self-reliance the largest African-American managed bank means. Community leaders must demand COMMEMORATING FREEDOM FOR in the Nation. Founded in 1948, it now has government programs—in education and THE HMONG REFUGEES IN THAI- eight branches throughout the city, and is skills development, in transportation, and in LAND AND THEIR EXODUS FROM one of only a handful of African-American the transition from welfare to work—that BAN NAPHO CAMP institutions that is publicly traded. ensure self-reliant traits can flourish. Carver was always there for the commu- But government won’t provide unless it is nity, providing the black churches with pressured. That pressure has to come from HON. STEVE GUNDERSON loans when others wouldn’t. Now the bank is organizations in our community, and par- OF WISCONSIN beginning to take its place as a vital part of ticularly from members of this caucus. So IN THE HOUSE OF REPRESENTATIVES what has to be done. what shape are the institutions in that pro- It was recently approved to grant SBA tect African-American empowerment? Why Monday, September 30, 1996 loans and has just launched a credit-card haven’t we been able to fund our own groups? Mr. GUNDERSON. Mr. Speaker, I am proud service. Our main office on 125th Street, de- And what of the institutions that are sup- stroyed in a fire three years ago, has been re- posed to be on the front lines? Even Kweisi that after a long and arduous process, the built as a $5 million four-story state-of-the- M’Fume has said how difficult it is to raise summary forced repatriation policy against Lao art banking facility that is one of the key money for the NAACP from inside our com- and Hmong refugees in Thailand was re- elements in the revival of 125th Street. munity. Plainly, we have work to do. versed this year. We are very fortunate that a A scholarship fund established in 1986 has In closing: as the struggle for resources in small dedicated group of individuals persisted already given out some $320 million to col- America becomes more brutal, we had better in their effort to end this policy. lege-bound kids in our communities. have a serious discussion about how we can Mr. Speaker, many of the Lao and Hmong Carver—and the creation and support of fund our own defenders. I mean the members similar institutions across the Nation—are of this caucus along with our civil rights, po- refugees being forced back to the Communist just the most obvious vehicles for stopping litical, and social institutions. Keeping them regime in Lao they fled were former combat the cash hemorrhaging from our commu- alive and fighting is a major part of what veterans. They fought as staunch allies along- nities and providing the capital to create and makes economic development so critical side the U.S. military and Central Intelligence support a vital small-business community. today. Agency during the Vietnam war. Such work should be a mandate if we want f Thousands of Lao and Hmong veterans and to create a foundation for the next round of their families in the Ban Napho camp in Thai- struggles around politics, jobs, and edu- PROVIDING FOR CONSIDERATION land have now been given political asylum in cation. OF CONFERENCE REPORT ON Another area that needs serious consider- the United States. Some will join relatives in H.R. 3610, DEPARTMENT OF DE- my congressional district in Wisconsin. Critical ation is the fledgling development of enter- FENSE APPROPRIATIONS ACT, prise zones. I serve on the board of the upper to the success of the policy battle were a Manhattan empowerment zone and chair its 1997, AND PASSAGE OF H.R. 4278, number of key individuals who played a lead- economic and physical development commit- OMNIBUS CONSOLIDATED APPRO- ership role in the enormous and intense strug- tee. PRIATIONS ACT, 1997 gle to free the Lao Hmong refugees. In par- As you know, the empowerment zone ini- tiative is proceeding in eight cities. While SPEECH OF ticular, I would like to cite the efforts of Maj. not without its critics and with only limited Gen. Vang Pao, Dr. Shur Vangyl, Stephen dollars, there can be no doubt that the zone HON. WILLIAM F. CLINGER, JR. Vang, Pang Blia Vang, Nhla Long Xiong, Pia has already generated a substantial amount OF PENNSYLVANIA Vang, and Kue Xiong of the Lao Veterans of of investment interest in central Harlem. IN THE HOUSE OF REPRESENTATIVES America which has its Wisconsin chapter A one-stop capital shop for small busi- Saturday, September 28, 1996 headquartered in my district. Likewise, Dr. nesses, offering both loans and technical as- Jane Hamilton-Merritt and Philip Smith helped Mr. CLINGER. Mr. Speaker, I make these sistance, has just opened its doors. The first spearhead the difficult battle in Washington, round of proposals, numbering in the hun- brief remarks to explain the provisions of sec- DC, and in Congress, to save the Lao and dreds, have been reviewed. They range from tion 631 of the Treasury, Postal Service and Hmong refugees. They worked very closely expanding funeral homes to creating a Har- General Government Appropriations Act, 1997 with my office to provide information and im- lem health club, night clubs, credit unions, which were incorporated in the Omnibus Con- plement strategy. and a new cable distributor. solidated Appropriations Act, 1997 and which So while it is too soon to declare victory, In May 1995, I attended a human rights were made a part of that bill at my suggestion. the concept—driven by many members of forum, at the University of Wisconsin-Stout. At hearings held this spring before the com- this caucus—plainly can provide a signifi- The forum was organized by Stephen Vang mittee I chair, the House Committee on Gov- cant push to economic activity in our com- and Pobzeb Vang at the University of Wiscon- munities. ernment Reform and Oversight, it was dis- sin-Stout and was attended by many from And for it to work, government has to play closed that several Federal agencies had en- Wisconsin and across the United States. It a role, too. The government at every level gaged in significant lobbying activities, using was essential in developing support for this has to fulfill its commitment to be a partner appropriated funds, designed to affect the out- in areas the private economy cannot provide. important initiative. come of legislation pending before the Con- The Community Redevelopment Act forced Mr. Speaker, in tribute to the Lao and gress. It also became apparent that existing banks to do community development, but Hmong people, and their elaborate history, I statutory restrictions on the use of appro- there are no comparable requirements for request that my remarks from the University of check cashers, for instance. No community priated funds for lobbying activities were inef- Wisconsin-Stout conference be placed into the people own them. Making them reinvest in fective in controlling agency lobbying. The CONGRESSIONAL RECORD: the community is something we can do eas- conferees have, therefore, agreed to language ily. which would apply a governmentwide limit on You have before you many experts, more And where jobs develop outside the com- expert and certainly much more heroic than munity there has to be a decent transpor- agency lobbying. me to deal with this cause. Mr. Philip Smith tation system to get people to those jobs. The statutory language contains two prohibi- and Dr. Jane Hamilton-Merritt can talk to Even the latest projection by the Regional tions on the use of appropriated funds. The you at length about the situation as it exists Plan Association, covering education and first applies to grassroots lobbying in which today and the reasons that we sent the con- transportation needs, doesn’t deal with how agencies make both express and indirect ap- gressional staff to the area over Christmas poor urban residents can realistically access peals to the public to contact Members of and New Years as well as the forced repatri- jobs in suburban industrial parks. Congress in support of or opposition to pend- ation and other events that have occurred Here’s where government needs to play a ing legislation. The second applies more since that time. The purpose of the trip was role today. It lies in such areas as subsidiz- not successful by its end result; the trip was ing work on a high-speed rail system so broadly to the preparation, distribution or use successful by facts which I think it has es- inner-city youths can access suburban jobs. of specified types of publications designed to tablished and the truth which I believe it has It means a WPA for national infrastructure foster support or oppose pending legislation. exposed. We will do our best to try and ar- projects, putting needed services in place Following enactment of this prohibition, which ticulate those facts and the truth as we see while training young people as a new class of is similar to prohibitions found for a number of it this week on the floor of the United States October 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1885 Congress. I do not enjoy standing up and say- the tragic, dramatic circumstances that we TRIBUTE TO GARLAND VERNON ing to my Government that you are not tell- now face unless something is done. G.V. STEWART ing the truth. But if that is what is nec- The American people are a good people. essary to defend truth and justice, I will do But, the American people can not take ac- that this week. tion unless first they are educated as to the HON. ALCEE L. HASTINGS As I said, I originally intended to go problem. They must know and understand OF FLORIDA through all the details of that trip and what the circumstances. I have no doubt when IN THE HOUSE OF REPRESENTATIVES we felt we learned—and what our report sug- they do, they will rally with you in your Monday, September 30, 1996 gests. I am going to allow that to be done by cause. But, we must first get the message to Mr. Smith and others in their remarks. What the American people. Mr. HASTINGS of Florida. Mr. Speaker, I I want to do is follow-up an assignment that rise today to pay tribute to one of the greatest Finally, many of you have come to know I received yesterday from Dr. Merritt on the that we in America, at the end of May every Americans who ever lived, Mr. Garland Ver- airplane from Minneapolis to Eau Claire year, set aside a day and a time to remember non G.V. Stewart, who departed this life on when she said: ‘‘It was essential that I give those veterans who have served our country September 12, 1996. I make this distinction you a call to action and that I articulate spe- and its cause. A week from Monday, we will without the slightest hesitance, for Mr. Stewart cific steps which I believe that you must do this again. You use Memorial Day as your embodied all the things that good people con- take and we must take in the next few opportunity to communicate with all Ameri- days.’’ sider great. Many of you are aware that we will con- cans everywhere that when we remember Though born at a time when few African- sider a U.S. State Department reorganiza- those veterans who served our government Americans were expected to, or even allowed tion bill before the U.S. Congress on Tues- and its policies that we don’t forget those to, seek high academic training, Mr. Stewart day, Wednesday, and Thursday, of this next veterans in refugee camps today who are at was an educated man, having received de- risk. week. Thanks to the Human Rights Sub- grees from two of the most prominent institu- committee Chairman, Congressman Chris- Thank you very much. tions in the South, Atlanta University and topher Smith of New Jersey, that bill will se- Morehouse College. More significant for a quester, or prevent the expenditure of, thirty f million dollars in UNHCR money for Fiscal man of his era and circumstances, he also re- Year 1996. It then will reserve that thirty TRIBUTE TO HON. BILL ZELIFF ceived a masters degree from the University million for the admission and resettlement of Michigan. Thus, it can be said that Mr. of Southeast Asian refugees, including the Stewart was truly a learned man. But edu- Hmong and Lao refugees. HON. HOWARD COBLE cation was not what made Mr. Stewart a great The sequestration language prohibits the OF NORTH CAROLINA man. Rather, it was how he used his edu- use of any of this money for repatriation un- cation to serve others, that made him great. less the President certifies to the Congress: IN THE HOUSE OF REPRESENTATIVES For almost half a century, G.V. Stewart (1) that all refugees have been offered reset- committed himself to the education and uplift- tlement outside the country of origin, and (2) Monday, September 30, 1996 that all unscreened camp residents and non- ing of his community and his race. From Mr. COBLE. Mr. Speaker, I preferred to school teacher, to principal, to the first African- refugees have had access to a fair screening speak to this point on the floor last Saturday, process similar to that used by the Immigra- American administrator in Hillsborough Coun- tion and Naturalization Service here in the but the late hour and the uncertain schedule ty, FL, he inspired his students and those United States, or have been offered resettle- precluded that. The purpose of these remarks around him to seek a better life, and to make ment. The purpose is obvious. The purpose is is to advise all that the Congress of the United life better for others. He believed, as most to make the State Department, the UNHCR States will lose one of its leading members great men know, that it was his responsibility (which receives most of the money) and the with the imminent departure of BILL ZELIFF. to reach back for others as others had host countries more accountable for actions I frequently refer to BILL ZELIFF as the com- reached back for him. In this regard, he used taken with U.S. financial assistance. The purpose is also to send a clear and convinc- mon sense voice of reason from the ``northern his influence, and his own personal resources ing message from the Congress that the tier''ÐNew Hampshire, Maine, Vermont. BILL to ensure that young African-American men present action of our Government is simply ZELIFF speaks authoritatively for the private and women who desired a college education unacceptable. The standards which the State sector because, as an innkeeper, he, his wife, received one. Many of those individuals are Department is responsible for enforcing are his family and his able staff personify the pri- today very successful lawyers, doctors, politi- simply no different than those the Immigra- vate sector. cians, judges, and educators, whose debt of tion and Naturalization Service enforces Several months ago BILL called me to com- gratitude can never be repaid. My own debt of here at home. gratitude spans a life time. When I decided to You must know, however, that there will plain of a rumor he had heard regarding the be opposition to this provision, and that transfer of a Coast Guard cutter from her New run for the U.S. Senate in 1970, Mr. Stewart there will be attempts to remove this provi- Hampshire port. He was upset and asked my was stalwart in his support of me: When oth- sion from the legislation. Congressman Doug assistance in retaining the cutter in this port. ers asked, ``Why?,'' Mr. Stewart asked, ``Why Bereuter, a member of the International Af- I told him my belief was that there was no not?'' Not only did he encourage me to seek fairs Committee and a Congressman from move afoot, but checked with the Com- public office, but he backed me financially. As Nebraska, is expected to offer an amendment mandant of the Coast Guard who verified my a Federal judge, I was often blessed with Mr. on the Floor of the Congress during debate conclusion. I then assured BILL not to worry. Stewart's wise council, and when I was elect- to strike this provision arguing that the ed to the U.S. Congress, no one was more State Department could use this money for That was not good enough for ZELIFF. He in- other kinds of refugees. We must do what we sisted that I come to New Hampshire to meet proud than him. can to defeat that amendment. This then with Coast Guard officials and assure them To say that Mr. Stewart was a community would be my call to action for each and that the cutter would remain stationed in New activist is like saying that Ghandi was a philos- every one of you as suggested by Dr. Jane to Hampshire. I complied with his request and opher. He was. And in his activism there was me yesterday in her instructions: we did in fact meet with Coast Guard officials genuine purpose and there was great vision. First of all, each and every one of you as well as interested citizens. This episode The world, owing so much of its progress to must, between now and Tuesday, contact men like G.V. Stewart, will miss his vision and your Congressman and your Senators from convinced me, once again, that BILL ZELIFF is Mr. Persistence. This Coast guard cutter, by his commitment to serving othersÐthe way he your state (and any state you have friends or sought to build bridges between people of dif- relatives in) explaining to them the urgency the way, continues to call New Castle, NH her ferent orientations. But what it will miss most of their awareness, their involvement, and home port. is the great love that exemplified his lifeÐbe- their support for maintaining the language I could speak hours about the outstanding in the Committee bill—and, in other words, stowed not just upon his family and close manner in which BILL ZELIFF represents his defeating the Bereuter amendment. friends, but those who simply came in contact Number two, it is essential that you begin constituents in Congress, but it is not nec- with him, and many who never did. His legacy immediately to create similar support and essary because they know they have been is large: the number of Florida's community awareness in the United States Senate. Cer- represented by an outstanding Member of leaders, educators and other professionals tainly, John Medinger can discuss and talk Congress. Literally hundreds of New Hamp- who were influenced by G.V. Stewart is too to that issue later this morning. shire citizens: male, female, liberal, conserv- great to list. Fourth, and perhaps most important to our ative, Democrat, Republican, have told me success, each and every one of you individ- The world is a better place for knowing G.V. ually, and as an organization, must urgently BILL ZELIFF is the most popular and most ef- Stewart, and heaven is a better place for wel- and diligently work with the American press fective elected official in New Hampshire. coming him. I take pride in honoring my men- (some of them are here today) to publicize So long BILLÐyou will be missed. tor, my friend, and a man who claimed me as E1886 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1996 a son. I join Congressman SAM GIBBONS, Mr. My wife Ruthie and I have met so many radiation, and gynecologic oncology special- Stewart's close personal friend and Rep- good people all across Indiana. These people ties. Center highlights include clinical trails, cy- resentative, in saluting the life of G.V. Stewart, are Hoosier Heros. togenetics, and patient support programs. a great man. Today as we prepare to adjourn I'd like to Fourth, the Morristown Memorial Prostate f not only lift them up one final time. But let me Cancer Support Group which is chaired by Mr. say, thank you, from the bottom of my heart. Peter Doherty, a prostate cancer survivor. PERSONAL EXPLANATION It's truly an honor to represent you. And that Over 75 persons, including physicians and concludes my report from Indiana. medical professionals, prostate cancer survi- HON. TILLIE K. FOWLER f vors, their partners and families and friends OF FLORIDA gather to exchange information and provide IN THE HOUSE OF REPRESENTATIVES PROSTATE CANCER AWARENESS support, encouragement and hope. MONTH Monday, September 30, 1996 Finally, I would also like to commend the participants of Prostate Cancer: Today and Mrs. FOWLER. Mr. Speaker, on Saturday, HON. RODNEY P. FRELINGHUYSEN Tomorrow, outstanding physicians and an or- September 28, 1996, I was unavoidably de- OF NEW JERSEY ganization whose research is making signifi- tained at the Atlanta Airport and could not be cant inroads in the field of prostate cancer. present to vote on rollcall No. 453, the omni- IN THE HOUSE OF REPRESENTATIVES They include: bus parks and public lands management bill Monday, September 30, 1996 E. David Crawford, M.D. professor and (H.R. 4236), and rollcall No. 455, the Fiscal Mr. FRELINGHUYSEN. Mr. Speaker, in rec- chairman, Division of Urology of Colorado Year 1997 Department of Defense appropria- ognition of Prostate Cancer Awareness Month, Health Sciences Center, Denver, CO. He is tions conference report and Fiscal Year 1997 I commend to your attention a patient edu- also chairman of the Prostate Cancer Edu- omnibus consolidated appropriations bill (H.R. cation conference that was held earlier this cation Council [PCEC], national sponsor of 3610). year in the 11th Congressional DistrictÐPros- Prostate Cancer Awareness Week. Had I been present, I would have voted tate Cancer: Today and Tomorrow. Cohosted Charles Myers, M.D., was chief of the Clini- ``aye'' on both of these measures. by the American Foundation for Urologic Dis- cal Pharmacology Branch of the National Can- f ease, Morristown Memorial Hospital and the cer Institute, where he directed clinical trials of REPORT FROM INDIANA—HOOSIER Prostate Cancer Support Group of Morristown drugs used in the treatment of advanced pros- HERO THANK YOU Memorial Hospital, it was an effective grass- tate cancer. roots effort to warn and educate local resi- William H. Hait, M.D., Ph.D., director of the HON. DAVID M. McINTOSH dents on the importance of early detection of Cancer Institute of New Jersey. and continued research into prostate cancer. Arthur Israel, M.D. is chief, Section of Urol- OF INDIANA According to the American Cancer Society, ogy, Morristown Memorial Hospital. Dr. Israel IN THE HOUSE OF REPRESENTATIVES prostate cancer is the greatest cancer risk for is a member of the American Foundation for Monday, September 30, 1996 American men, and over 317,000 males will Urologic Disease and the American Urological Mr. McINTOSH. Mr. Speaker, I rise today to be diagnosed with this type of cancer in 1996. Association. He is currently president of the give special report from Indiana. Each week It is vital that prostate cancer be recognized New Jersey Urological Society. throughout my first term, I have come before as a serious threat to American men and their Schering Oncology Biotech, a corporation this House to life up kind and caring people in families. headquartered in Kenilworth, NJ and TAP the Second District. Caring individuals who Increased awareness of health issues, im- Pharmaceutical, Inc. of Deerfield, IL for provid- continue to strive day and night making their proved detection and testing techniques, and ing educational grants for prostate cancer re- communities better places to live. national awareness programs for this disease search. I've tapped these special people Hoosier have all played significant roles in increasing All those who participated in Prostate Can- Heros. Hoosier Heros because they truly have public knowledge of prostate cancer. cer: Today and Tomorrow made a powerful made a difference. Whether it be the MOM There are a number of individuals and orga- impact on patients, physicians, medical institu- program in my hometown of Muncie that nizations I want to recognize for holding such tions, research and educational foundations, teaches inner city children to think they can an important conference: and industry to collaborate and provide accu- until they know they can or the school children First, Hon. Dean A. Gallo, the former Con- rate medical information to prostate cancer at Shadeland Elementary in Anderson, who gressman of New Jersey's 11th Congressional victims, survivors, and their families. I salute stand up to the drug pushers, the gang mem- District, died of prostate cancer on November their work. bers and criminals who roam their streets. 6, 1994. His widow, Mrs. Betty Gallo, is now f They continue to stand firm and say: ``We a trustee of the Dean Gallo Foundation and aren't going to take any more.'' Or the good she instituted the Dean Gallo Prostate Cancer MEMORIAL SERVICE FOR people in Richmond who love and care for Research Scholarship Fund. This scholarship MATTHEW FLETCHER battered and abused children at Wernle fund will help fund career investigators who Home. Or the Shelby Co. Youth Shelter folks are committed to prostate cancer research in HON. WILLIAM F. CLINGER, JR. who take in troubled teenagers and provide the State of New Jersey. OF PENNSYLVANIA them a new birth of hope for a brighter future. Second, I commend the American Founda- IN THE HOUSE OF REPRESENTATIVES And the Lincoln Central Neighborhood As- tion for Urologic Disease, a charitable organi- Monday, September 30, 1996 sociation in Columbus, can not be forgotten. A zation, whose mission is to prevent and find a poor neighborhood by monetary standards but cure for urologic diseases through the expan- Mr. CLINGER. Mr. Speaker, I rise to share a community rich in hope. sion of research, education and public aware- with my colleagues the remarks I made at a Imagine inner-city residents taking respon- ness. For over 20 years, the Research Schol- memorial service for Matt Fletcher who sibility to rebuild, clean and revitalize their ar Program of the AFUD has funded over 300 passed away on August 31, 1996. once poor and dilapidated neighborhood. urologic researchers as they established their Matt Fletcher was a friend of mineÐoh, he Mr. Speaker, these are certainly not the only scientific careers. Over 98 percent of the in- also worked for meÐbut that was secondary Hoosier Heros that I have lifted up in my vestigators have continued in these career to the fact that he was my friend and I mourn weekly report from Indiana during the 104th paths. his too early loss, with all of you, as we come Congress. There are so many special places Third, Morristown Memorial Hospital, a not- together this afternoon to celebrate his life. we have visited. So many new friends we for-profit hospital serving northern New Jersey, As an employee, Matt was a highly intel- have made throughout my first term here in for its leadership in the field. Founded in 1892, ligent, incredibly hardworking, and extremely Congress. So many people who have reached it has expanded in size and services to be- skillfull staff member. But more importantly, as out and touched our heart with heir firm com- come a 599-bed medical center and the third a human being he was an engaging compan- mitment to making their community a better largest in the State. It is a major teaching hos- ion who was solicitous, generous, and above place. pital, affiliated with Columbia University's Col- all loyal to all of his friends, and they were le- And, so many Hoosier Heros we've met lege of Physicians and Surgeons. Its regional gion. along the wayÐmakes me proud to represent Cancer Center is affiliated with the Cancer In- I first met Matt in 1987 when he came on themÐproud of my District, the Second Dis- stitute of New Jersey in New Brunswick and board as the sole professional staff member trict of Indiana. offers expertise in surgical, urologic, medical, on the old Energy, Environment and Natural October 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1887 Resources Subcommittee which was chaired Nixon mask and roam the hall throwing candy from Minnesota, John Ball from South Dakota, by the late Mike Synar of OklahomaÐanother into offices and flashing the famous Nixon vic- Nate Monastra from Ohio, and Bobby friend of mine gone too soonÐand on which tory sign. Dempsey from Arkansas. These individuals I served as the very green Ranking Repub- It is important to note that while Matt Fletch- served the National Guard for many years in lican. I shall be forever grateful to Matt for so er was a terrific employee he was also a won- their military career. They continue to serve ably carrying out the thankless job of keeping derful boss. He took a real and personal inter- the National Guard as the founders and the me from making a complete fool of myself est in the lives and careers of all of the mem- forefathers of this great organization. Even in time and time again. bers of the committee staff. He went to great retirement today, they continue to serve and He also had another unenviable task as mi- lengths to make every staff member feel truly look out for the welfare of the enlisted mem- nority staff director which was to keep our appreciated. He made sure that good works bers of the National Guard. friends in the majority from being too out- were recognized by writing personal notes Look at EANGUS' leadership today. The rageous in their committee reports, criticizing commending individual staffers for their con- president is M. Sgt. Blain D. Ross, an Air Na- what they viewed as the sins or omissions of tributions. Matt built a terrific team of first-class tional Guard sergeant in South Dakota who is the Reagan-Bush administrations. Matt was professionals and created an atmosphere of also a sergeant on the police force in Bran- our equivalent of Hans Brinker or whoever it comaradery and mutual respect by constantly don, SD. The executive director, M. Sgt. Mike was who kept his thumb in the hole in the reinforcing each staffer's worth and value to Cline, is a 25-year veteran whose lovely wife, dike, to keep the flood waters at bay, and he the committee. Dian Cline, serves in the Maryland Air Na- would jawbone endlessly with the majority to The tragedy, of course, is that the scourge tional Guard. His oldest son, Mike, is a 9-year tone down the inflammatory rhetoric in the of AIDS so cruelly cut short such a promising Army veteran who lost his job during the Los committee reports. life and brilliant career. When Matt said good- Angeles earthquakes, but when the call came, In 1989, Frank Horton, my predecessor as bye to friends and colleagues on the Hill just he answered. His younger son, John, is a 4- ranking member on the Government Oper- 2 years ago in one of the most profoundly year Air Force veteran who now serves in the ations Committee and normally a very nice moving farewell speeches any of us, I'm sure, Ohio Air National Guard. man, did a terrible thing to me. He lured Matt have ever heard, he made it clear that his only The Guard is a family. The Guard is always away from me and made him deputy staff di- regret was not that he would never have the there, ready to serve, whether the call is to rector. But my lossÐand it was enormousÐ title or the power and prestige of majority staff fight a flood or a forest fire, to calm civil dis- was the committee's gain because Matt quick- director but rather that he would no longer be turbances or to serve our country in time of ly became as indispensable to Frank and Staff in the arena engaged in the debate on the the war such as Vietnam, the Persian Gulf, Director Don Upson as he had been to me. central issues of our time. Matt's world was Bosnia. The Guard is there. Matt's extraordinary ability to master very not the world of power but the world of ideas. Many of this association's accomplishments complex and difficult issues always amazed Matt has left us in person but he has also not only benefit the enlisted National Guard me when we were dealing only with energy, left us a rich legacy to remember him by. He member, but they benefit all reservists, officer environment and natural resources issues. In was a man whoÐeven though he was with us or enlisted, Army Reserve or Marine Corps his new capacity, and later as minority staff di- for only a brief shining moment in the long Reserve. Some of EANGUS' accomplishments rector after Don Upson left, he expanded his sweep of time, truly made a difference. Here are the commissary privileges, gray-area re- expertise to the entire range of the commit- was a man who strove for and in large meas- tiree issues, PX/BX exchange privileges, the tee's jurisdiction, which in essence meant ure achieved excellence in everything he did. VA Home Loan Program, the VA burial bill for every activity of the Federal Government. And here was a man who taught us that the National Guard and Reserve members in na- In 1992, I became the ranking Republican true worth of any human being is measured fi- tional cemeteries, transition benefits, increase on the full committeeÐa post I achieved large- nally by the caring, the concern, the love that in IDT points; the list goes on and on. This or- ly because during the 12 Reagan-Bush years he bears for his fellow human beings. ganization today fights to preserve its heritage, when all we Republicans in the committee f the heritage of the National Guard and look could do was try to defend the administration, out for the welfare of the enlisted people. I was too dumb to get off the committee. CONGRATULATIONS TO THE NA- I will always have a special place in my Thus, as others above me in seniority jumped TIONAL GUARD ON ITS ANNIVER- heart for EANGUS. This organization has its ship to get on supposedly more prestigious SARY reception area named in my honor, an organi- committees, I kept moving up until, lo and be- zation which created an award, which is pre- hold I was at the top of the ladder and I very HON. G.V. (SONNY) MONTGOMERY sented to a member of congress each year, in my honor, and an organization which I'm told quickly hired Matt as staff director to resume OF MISSISSIPPI has a chandelier hanging in it that is older his previous role of keeping me from making IN THE HOUSE OF REPRESENTATIVES a complete fool of myself. than my good friend, Senator STROM THUR- Monday, September 30, 1996 Matt Fletcher took his job very seriously but MOND of South Carolina. he never even took himself seriously. He had Mr. MONTGOMERY. Mr. Speaker, I would So it is my hope and desire that when this a wry and mischievous sense of humor and like to take this opportunity to congratulate organization comes knocking on your door an appreciation that we humans are all a little and wish a happy anniversary to an organiza- and is bringing an issue that they consider of ridiculous and the world a trifle mad. tion I have seen grow from infancy to the larg- dire importance, that you will take the time to He was also a prankster which he coupled est of the National Guard associations and the listen because chances are, that issue is with a flair for the dramatic which emerged largest of all Enlisted Reserve component or- going to impact not only the 400,000+ enlisted from time to time often during the Christmas ganizations in this great country of ours, the members of the National Guard but more than season when Matt and his beloved dogs, Bear Enlisted Association of the National Guard of 1,000,000 reservists who stand ready to pro- and Lupee, would hit the road as Santa Claus the United States [EANGUS]. tect and serve this great Nation, their families and two ersatz reindeer. Matt in full Santa This organization truly holds a special place and their communities. Claus red suit, shiny belt and black boots, wire in my heart. I have helped nurture it over the So on their 25th anniversary, I commend framed glasses and stuffed belly. Bear and past 20-some years and have watched it grow the work of this great organization and what it Lupee with phoney antlers strapped to their and branch out to do exceptional work for our has done to enhance the lives of the enlisted heads. In Lupee's case it was especially hard enlisted men and women who serve in the Na- National Guard member, and the reserve com- to suspend disbelief that a spotted dalmatian tional Guard of these United States. ponents in general. Happy anniversary, with floppy antlers was a reindeer. When EANGUS was first formed in 1970, EANGUS! Any rate this motley entourage roamed the and incorporated in 1972 in Jackson, MS, I f congressional halls offering gifts to all. Unfor- don't think any of its forefathers thought it YOUTH CRIME tunately, the gifts were usually withered apples would grow into being the extremely success- from Frank Horton's district that had been ful organization that it has become. HON. RICK LAZIO lying around his office for months. But as we What has made EANGUS so successful? OF NEW YORK all know it's not the value of the gift but the The answer is simple, we have to look at its IN THE HOUSE OF REPRESENTATIVES thought that counts unless one is a Neiman history. It was nurtured by people like Bob Marcus freak. Spencer from South Dakota, Virgil Williams Monday, September 30, 1996 At Halloween time, Matt would put on his (deceased) from my home State of Mis- Mr. LAZIO of New York. Mr. Speaker, 6 eerily lifelike latex rubber Richard Milhaus sissippi, Jim Garritson from Iowa, Tony Nathe months ago I stood here on the floor of the E1888 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1996 House to express my outrage about a Federal AN OPEN LETTER TO PRESIDENT CLINTON Alex Trotman, Chairman of the Board, judge who threw out key evidence that proved DEAR MR. PRESIDENT, as you achieve the Ford Motor Company; and a defendant guilty of Federal drug charges. fundamentally important goal of balancing P. Roy Vagelos, M.D., Former Chairman the federal budget, we respectfully urge you & CEO, Merck & Company, Incor- Well, in the words of Yogi Bear, it's like deja porated. vu all over again. to sustain the government investment in university research and education. We be- f Just 2 weeks ago, a State appeals court in lieve these goals are closely related. New York ruled that a 15 year old caught with Mr. President, as you well know, America’s A TRIBUTE TO THE PADRES a loaded gun in a Bronx high school can't leadership position in an ever-increasing even be suspended because school officials il- globally competitive economy has its basis legally searched him. It was ruled that the in our technological prowess. Our univer- HON. RANDY ‘‘DUKE’’ CUNNINGHAM school security aide who noticed the bulge in sities, and the research programs pursued OF CALIFORNIA the youth's jacket erred in stopping and therein, have played a pivotal role in contin- IN THE HOUSE OF REPRESENTATIVES ually advancing our technical knowledge. searching the student because the bulge was Equally important, they have produced the Monday, September 30, 1996 not suspicious. very scientists and engineers that allow Mr. CUNNINGHAM. Mr. Speaker, I rise It is absolutely ludicrous that school officials American industry to compete with nations today to pay tribute to the San Diego Padres. are not even given the power and authority to and cultures throughout the world. The standard of living we enjoy today has, in Yesterday, the Padres completed a three- maintain order within the school building, and game sweep against the Dodgers in Los An- have their hands tied when they attempt to large part, been made possible by our ingenu- ity and creativeness and our ability to con- geles to win the National League West Title. root out dangerous influences such as loaded tinually advance and apply technology. Facing a must win three-game series in Los guns. Many organizations within the federal gov- Angeles, the Padres rose to the challenge. If our courts insist upon hamstringing the ef- ernment support the country’s universities. With a different hero for each of the three forts of school officials trying to protect stu- We believe these agencies deserve your per- games, the Padres proved that teamwork is dents within a school building where a lower sonal attention and commitment to modest, but sustained, real growth in programs the core of their game. On Friday, Ken legal standard applies, it does not portend well Caminiti tied the score with a solo home run for the efforts of law enforcement to protect which invest selectively in university science and engineering research. These pro- in the 8th and doubled for the go-ahead run in the public. grams are essential to our future. History the 10th. On Saturday, Tony Gwynn hit a two- As a former county assistant district attor- has shown that it is federally sponsored re- out, bases-loaded single in the eighth inning to ney, I have seen first hand the effects of youth search that provides the truly ‘‘patient’’ cap- break a tie, giving the Padres a 4±2 win. Fi- crime on our communities. We need to apply ital needed to carry out basic research and nally on Sunday, with the Division Title hang- some common sense in our efforts to promote create an environment for the inspired risk- taking that is essential to technological dis- ing in the balance, former Dodger Chris public safety, and hopefully avoid such out- Gwynn hit a two-run double in the top of the rageous situations in the future. covery. We maintain that the federal govern- ment is, and must remain, the primary stew- 11th that crowned the Padres Division Cham- f ard of our national trust in university re- pions. search. This San Diego team is one of pure heart UNIVERSITY RESEARCH AND We know that you face politically difficult filled with heroes: seven-time batting cham- EDUCATION choices as you deliberate and ultimately de- pion Tony Gwynn; Ken Caminiti the leading fa- cide which federal programs merit continued vorite for the National League's Most Valuable support. As you make those choices, we urge HON. CONSTANCE A. MORELLA you to achieve the deeply entwined goals of Player award; all-time stolen base leader OF MARYLAND a vital and productive society, world leader- Ricky Henderson; Steve Finley and Wally IN THE HOUSE OF REPRESENTATIVES ship in science and engineering, and a bal- Joyner who helped make 1996 one of the anced budget. most exciting seasons in club history; proven Monday, September 30, 1996 Respectfully, starting pitcher Andy Ashby; Trevor Hoffman W.W. Allen, Chairman & CEO, Phillips Mrs. MORELLA. Mr. Speaker, as the Chair whose 41 saves helped lift San Diego to a Petroleum Company; 91±72 record; and every other member of this of the Technology Subcommittee of the House C. Michael Armstrong, Chairman & CEO, Science Committee, I am responsible for the Hughes Electronics Corporation; team has proven that teamwork wins titles. technology and competitiveness policy of the Norman R. Augustine, President & CEO, In addition, special recognition must be United States. A top priority of mine, in that Lockheed Martin Corporation; given to the owners John Moores and Larry role, is to foster the breakthrough of new tech- John L. Clendenin, Chairman & CEO, Lucchino, who made a commitment to win- nologies and to encourage innovation develop- BellSouth Corporation; ning; and manager Bruce Bochy, who bal- ment, thereby enhancing our Nation's ability to Robert J. Eaton, Chairman & CEO, anced all of the different personnel of this Chrysler Corporation; team to win the Western Division Champion- compete in the global marketplace. George M.C. Fisher, Chairman, President It is clear to me that one of the wisest in- & CEO, Eastman Kodak Company; ship. vestments the Government can make is our Robert W. Galvin, Chairman, Executive The Padres face the Cardinals in a best-of- Federal investment in university research and Committee, Motorola, Incorporated; five series. The winner of the series plays an- education. It has been clearly demonstrated Louis V. Gerstner, Jr., Chairman & CEO, other series to determine the National League through the years that a small investment in IBM Corporation; Champs. But no matter the outcome, Ameri- Joseph T. Gorman, Chairman & CEO, the basic research conducted at our Nation's ca's Finest City has the Western Division's fin- TRW, Incorporated; est team, the Padres. universities reaps large rewards in techno- Gerald Greenwald, Chairman & CEO, logical discovery. As we move toward a bal- United Airlines; f anced budgetÐand we must continue to do so George H. Heilmeier, President & CEO, to provide vigorous economic prosperity for Bellcore; PERSONAL EXPLANATION our childrenÐwe must also maintain our Na- Jerry R. Junkins, Chairman, President & tion's leadership in basic research and tech- CEO, Texas Instruments, Incorporated; HON. MAXINE WATERS nology preeminence. John A. Krol, President & CEO, DuPont; Edward R. McCracken, Chairman & CEO, OF CALIFORNIA A number of chief executive officers of Silicon Graphics, Inc.; IN THE HOUSE OF REPRESENTATIVES some of the most prominent U.S. corporations Lars Nyberg, Chairman & CEO, NCR Cor- Monday, September 30, 1996 recently sent as open letter to President Clin- poration (formerly AT&T Global Infor- ton echoing these sentiments. This simple let- mation Solutions); Ms. WATERS. Mr. Speaker, I was unavoid- ter speaks volumes about the importance of R.B. Palmer, Chairman & CEO, Digital ably detained in my congressional district on university research and development. I am Equipment Corporation; Saturday, September 28, 1996, conducting John E. Pepper, Chairman & CEO, The submitting their letter into the RECORD and I pressing business. Procter & Gamble Company; ask all of my colleagues to read it, so that we Lewis E. Platt, Chairman, President & Had I been present for votes that day, I can give our Nation's research and develop- CEO, Hewlett-Packard Company; would have voted as follows: rollcall 451Ð ment enterprise the priority it deserves as we Randall L. Tobias, Chairman & CEO, Eli ``yes''; rollcall 452Ð``no''; rollcall 453Ð``yes''; consider its funding in future Congresses. Lilly and Company; rollcall 454Ð``no''; rollcall 455Ð``yes''. October 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1889 NAVAJO-HOPI LAND DISPUTE should have received more consideration by TRIBUTE TO CONGRESSMAN SETTLEMENT ACT OF 1996 the Congress. HAROLD FORD f SPEECH OF VETERANS’ HEALTH CARE HON. WILLIAM (BILL) CLAY HON. JOSEPH P. KENNEDY II ELIGIBILITY REFORM ACT OF 1996 OF MISSOURI OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES SPEECH OF Monday, September 30, 1996 Saturday, September 28, 1996 HON. J. DENNIS HASTERT Mr. CLAY. Mr. Speaker, I am honored to Mr. KENNEDY of Massachusetts. Mr. OF ILLINOIS rise in tirbute to my distinguished colleague Speaker, I rise to express concerns regarding IN THE HOUSE OF REPRESENTATIVES from Tennessee, the Honorable HAROLD specific provision included in S. 1973 and to Saturday, September 28, 1996 FORD, as he prepares to retire from the U.S. raise concerns about the process involving the House of Representatives. Congressman Mr. HASTERT. Mr. Speaker, I am very consideration of this measure. FORD has dedicated his life to public service. Congressional consideration of S. 1973, a proud to stand in support of H.R. 3118, and He was elected to the Tennessee State Legis- measure introduced by Senator McCAIN which praise the work of Veterans Committee Chair- lature at the age of 25. He served two terms implements a consensual resolution of the man BOB STUMP. I am especially pleased that in that body and in 1974 was elected to rep- Navajo-Hopi land dispute, during the final a provision I pledged to support has been in- resent the residents of Tennessee's Ninth cluded in this important legislation. Because of hours of this Congress is unfortunate. This Congressional District. HAROLD FORD was the measure has been the subject of no hearings the work of Representative JERRY WELLER and first and is the only African-American Ten- in either the House or Senate and is being Representative TIM HUTCHINSON and his Vet- nessean ever elected to the U.S. House of passed with relatively little or no public discus- erans' Hospital subcommittee, hospitals in my Representatives. sion. district will now be given the opportunity to HAROLD FORD has been a staunch defender At a time when the American public is call- contract with the VA for local hospital care and of justice and equality. He has shown a spe- ing on legislators to reform the way in which medical services so that veterans in north- cial dedication to representing the needs of Washington handles its business, we ought central Illinois will have improved access to the underprivileged and has left his signature not be relying on what amounts to as a quality health care. on our Nation's welfare and employment pro- closed-door process to pass legislation. There This is a great victory for one group of vet- grams. erans in particular, because for years they ought to be a better way of doing business. If In 1981 Congressman FORD was named S. 1973 merits passage, then the House have had inadequate access to veterans' chairman of the House Ways and Means Sub- should have considered the bill in a deliberate health care. Today, LaSalle County veterans committee on Public Assistance and Unem- and conscientious manner, and not in the last cannot go to their local doctor and hospital. In- ployment Compensation. Through his commit- stead, because of outdated Washington Regu- remaining minutes of the legislative session. tee work, Chairman FORD fought to improve I am also concerned that S. 1973 goes far lations, they are often forced to drive hours to economic opportunities for the poor, He au- beyond the scope of the terms of the Hopi- Chicago and stand in long lines to receive thored the Family Support Act of 1988, a pro- Navajo Settlement Agreement. In a letter to needed health care. Such rules cost us time gram to increase education and training op- Senator McCAIN, the Department of Justice and money and it's time we change them. The portunities for AFDC recipients. Throughout bill we adopted today will make it possible to states: his tenure Congressman FORD has fought to Two provisions of the bill deviate from the open an outpatient VA clinic in LaSalle County preserve the Federal role in administering do- terms of the Settlement Agreement. The 85 so that over 13,000 eligible veterans and their mestic programs such as Aid to Families with percent threshold for the taking of land into families can receive care in their home com- Dependent Children, public housing, public trust by the Secretary pursuant to Section munities. education, and job training. 7(a) of the Settlement Agreement, as set I promised at a Veterans Committee field HAROLD FORD has been a truly effective po- forth in Section 5(2)(A) of S. 1973, is more hearing in April that I would see this measure than the 75 percent requirement agreed to in litical leader whose dedication to representing passed, and I've kept that promise. Our veter- the people of Memphis cannot be overstated. the Settlement Agreement. We understand ans answered the call when our Nation need- that this percentage has been revised so that Congressman FORD was instrumental in es- lands will be taken into trust of the Hopi ed them. Today, Congress answers the call of tablishing several youth training programs in only after the Secretary of the Interior has veterans who are in need of our help. Memphis including Jobs Corps and Youth Fair ensured that the percentage of eligible Nav- f Chance. He also gave vital support to local ajo heads of household who remain on the economic development projects in Memphis Hopi Partitioned Lands without legal au- HONORING STEPHEN J. JEROME, thority is at 15 percent or less, rather than 25 PRESIDENT, MONROE COLLEGE such as the Central Station renovation. percent or less. Accordingly, to the extent Representative FORD is a man of determina- that 15 percent or fewer of the eligible Nav- HON. ELIOT L. ENGEL tion and spirit who has maintained his courage and equanimity in the face of trial and adver- ajo heads of household are on the Hopi Parti- OF NEW YORK tioned Lands in trespass, the conditions set sity. He has faced racism and injustice and IN THE HOUSE OF REPRESENTATIVES out in Section 5(2)(A) will have been met. these challenges have only strengthened his Furthermore, while the administration sup- Monday, September 30, 1996 resolve to fight for equality. ports passage of S. 1973, the Department of Mr. ENGEL. Mr. Speaker, a true success Congressman FORD is a member of a family Justice would prefer that the language of the story of the Bronx is Monroe College and its that has demonstrated a special commitment bill not alter the terms of the agreement president, Stephen J. Jerome. The college to public service. His great-grandfather served achieved consensually by the parties. was founded in 1933. as a squire during the Post-Reconstruction In closing, I would like to share concerns This year Mr. Jerome celebrates his 30th Era in Tennessee. HAROLD FORD's brothers raised by several members of the Sovereign anniversary at the school with the New York also serve in public office in the State of Ten- Dineh Nation about the settlement agreement State Board of Regents authorizing its con- nessee. John Ford is a State senator, Joe process itself. These Sovereign Dineh Nation firming baccalaureate degrees and the school Ford is a Memphis City Council member and members object to what they feel has been a dedicating King Hall, a 100,000-square-foot Dr. James Ford is a Shelby County commis- heavy-handed ratification of an agreement building housing offices for student services as sioner. Representative FORD's son, Harold which threatens their current way of life. The well as the learning center, gymnasium and Ford, Jr. is this year's Democratic nominee to consideration of S. 1973 without adequate cafeteria. Mr. Jerome, who was raised in the succeed his father in the U.S. House of Rep- congressional hearing adds insult to injury to Bronx, joined the school in 1966 as an instruc- resentatives. the concerns of the Sovereign Dineh Nation tor and was named president in 1978. Mr. Speaker, it has been my privilege to members. He is fond of saying that Monroe changes serve beside HAROLD FORD in the U.S. House The Sovereign Dineh Nation members be- people's lives. The extent of that change can of Representatives. He has been a loyal public lieve the referendum process was unfair and be seen in an enrollment comprising students servant and the people of Tennessee and our manipulative, and they intend to pursue the from more than 40 countries, many of whom Nation will long benefit from his many con- matter in U.S. Federal courts. are first generation college attendees or recent tributions. HAROLD FORD and his wife Dorothy While I cannot comment on the substance immigrants. Mr. Speaker, I am proud to salute have been valuable friends; Carol and I will of these concerns, I do believe that S. 1973 Stephen J. Jerome and Monroe College. miss them dearly. I wish him godspeed as he E1890 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1996 leaves the House of Representatives and be- namics of comparative interest.’’ He main- a wealth-driven stage. gins another chapter in his life of public serv- tained that some postwar countries, such as In order to move from one stage to the ice. Japan and the Republic of China, have ad- next, the government and private sector vanced and prospered rapidly because they must carry out a complete metamorphosis of f were able to transcend the concept of static industrial infrastructure, international dis- comparative interest and break through tribution the financial system, technological ESTABLISHING A NATIONAL COM- their resource limitations through scientific standards, and conventional ways of think- PETITIVE ADVANTAGE THROUGH and technological innovation, enlarging the ing. On top of this, I personally believe that DYNAMIC COMPETITION scale of production, and actively expanding even more profund consideration should be foreign trade. Scott particularly cited Japan given to the cultural ethics and values be- as an example. The Japanese understand hind the initiating and sustaining forces for HON. MAURICE D. HINCHEY that comparative interest can be created and the creation and distribution of wealth and OF NEW YORK renewed through the enhancement of skills, value. IN THE HOUSE OF REPRESENTATIVES capital, and the workforce. In addition, an In their research on the culture of capital- Tuesday, September 24, 1996 environment conducive to economic develop- ism British scholar Charles Hampden- ment can be established through institu- Turner and Dutch scholar Alfons Mr. HINCHEY. Mr. Speaker, professors Na- tional reform. Trompenaars once declared that different than Mao and Winstan Yang have called to These experiences confirm that in the cultures engender different cultural ethics my attention an interesting discussion of the midst of modern dynamic competition, it is and values, and thereby diverse ways of cre- Republic of China's economic competitiveness paramount to raise national, social, indus- ating and distributing wealth. Thus, to be written by ROC Vice President/Premier Lien trial, and private-sector competitiveness. able to comprehend the success of similar DIAMOND SYSTEM systems adopted by different countries, one Chang. Vice President Lien's discussion takes must have a profound understanding of the Over the past dozen years, Porter has pub- the form of a review of Michael Porter's book, cultural ethics and social values of these na- lished three books on ‘‘competitive advan- ``The Competitive Advantage of Nations.'' He tions. This is a point all of us should con- tage.’’ The first two focused on industry, found that the book has much to say about sider and study further. However, in the while this one concerns nations. This change transitional stage of national development, Taiwan's future role in the global economy. I is quite meaningful. Porter discovered that a it is indisputable that the government hereby ask permission that Vice President/ nation’s macroenvironment crucially affects should act as healthy promoter and coura- Premier's review of ``Establishing a National industrial competitiveness; it can either help geous challenger. Porter has said with great Competitive Advantage Through Dynamic or hinder industrial development. He as- profundity that the world today needs great tutely pointed out that the relationship be- Competition'' be printed in the RECORD. leaders and great executives rather than tween national and industrial competitive- ESTABLISHING A NATIONAL COMPETITIVE great housekeepers. ADVANTAGE THROUGH DYNAMIC COMPETITION ness directly correlates with how the nation stimulates industrial improvement and inno- NATIONAL REINVENTION PROJECT (By Lien Chan, Vice-President/Premier, vation. According to Porter’s four stages of na- R.O.C.) After spending three years comparing the tional competitive development, Taiwan The nearly 600,000-word book, ‘‘The Com- industrial development of ten nations (the may be between the second, or investment- petitive Advantage of Nations,’’ by Harvard United States, Germany, Sweden, Switzer- driven; stage and the third, or innovation- University professor Michael E. Porter is an land, Denmark, Italy, the United Kingdom, driven, stage. In promoting national com- examplar of works on the leading edge of Japan, South Korea, and Singapore), Porter petitiveness at this time, we hope to build contemporary academic thought that can in- proposed his well-known Diamond Theory. our base on the strengths of the private sec- fluence current government policy. He argued that two sets of determinants tor, and thereby push forward comprehensive A book is considered a classic if its author affect the industrial competitive advantage reform and accomplish the goal of national raises profound questions and offers pene- and, despite the rushing tide of strong modernization. However, after comparing trating insights that enlighten the reader. globalization, the importance of these fac- several countries for the growth or diminu- One may disagree with some of its theses but tors in determining national competitive ad- tion of their national competitiveness, Pro- must give serious consideration to their im- vantage has not diminished, but in fact has fessor Porter has proposed a concept mirror- plications. become more definite. ing the situation that deserves our vigilance. At this juncture when the whole country is Among the first set of fundamental deter- Professor Porter believes that in the first vigorously working toward attaining su- minants are: three stages of economic development, na- preme global competitiveness, reading Por- Factors of production, including human re- tional competitiveness grows continuously, ter’s epochal masterwork, ‘‘The Competitive sources, physical resources, knowledge re- while at the forth stage, or turning point, Advantage of Nations,’’ greatly bolsters our sources, capital resources, and infrastruc- the economy may decline. After entering the confidence and, during the process of govern- ture; wealth-driven stage, domestic competitive ment policymaking, helps us confront the Demand conditions; activities diminish; management strategies following major questions: Related and supporting industries; and change from aggressive to conservative; in- What is a national competitive advantage? Firm strategy, structure, and rivalry. dustrial re-investment willingness decreases; What role should government play vis-a-vis The second set comprises two additional major businesses manipulate government industry regarding international competi- variables: protection policies to insulate themselves tion? Chance; and from their competitors. The first generation How should government and industry work Government. of entrepreneurs, who became rich from together to create a national competitive ad- Porter described the rhombic relationship scratch die out and are replaced by a new vantage? formed by the four determinants in the first generation used to operating within the sys- How can industry seek an industrial com- set as a national ‘‘diamond.’’ He emphasized tem. Personnel do not work hard due to their petitive advantage? that a country cannot rely on unique com- high incomes. Labor-management relations What efforts should be made with the pri- petitive advantages such as low-cost labor. stiffen as each party tries to retain its own vate sector to cultivate a healthy, aggres- Such reliance is risky because it can be re- vested interests. At this stage, people are far sive, and full competitive placed by even cheaper labor in less devel- more interested in other professional fields macroenvironment? oped nations. When this situation occurs, the rather than industry. The educational con- Reading this book has made me keenly diamond may be said to be in ‘‘static dis- cept of pragmatism gradually disappears. aware that the pattern of economic competi- equilibrium,’’ and the competitive advantage The negligence of education by society and tion has changed with the times. cannot be maintained. Accordingly, Porter family results in a deterioration of edu- Traditionally, competition was static, and points out, a nation’s competitive advantage cational standards. The proportion of invest- success or failure hinged on production fac- should be firmly rooted in a durable diamond ment in the factors of production is greatly tors. Modem competition is dynamic, and configuration. That is, both set of deter- reduced. new technologies, new products, new market minants should develop in relation and co- Hovever, investment in other areas in- demarcations, new production processes, and ordination with one another, stimulating creases. The government tends to heavily new management concepts are constantly and upgrading each other in the process. tax rich people, further reducing their will- emerging to change and even undermine a This kind of national diamond can be said to ingness to invest. Business capital exceeds national and industrial competitive advan- be in a state of dynamic development. It is internal deeds, yet such businesses are not tage. the optimal combination for continual na- willing to risk investment in setting up new This book also reminds me of some of the tional progress. businesses, but instead change their goals to theses proposed many years ago by Bruce R. Professor Porter also enumerated four merging with or buying up other businesses. Scott, also a professor at Harvard. After stages of national competitive development: Porter states that wealth-driven stage will comparing the United States, France, and a factor-driven stage; lead to economic recession since existing some developing nations, including the Re- an investment-driven stage; wealth is not sufficient to support the needs public of China, Scott formulated his ‘‘dy- an innovation-driven stage; and of the economy. The ambitions of investors, October 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1891 managers, and people change, innovation my vote, some of my concerns had been re- construction of an ambulatory care facility and based on sustained investment disappears, solved. Therefore I cast my vote in favor of renovation of ``E'' wing, Tripler Army Hospital, and economic improvement is sluggish. Na- H.R. 3610. Honolulu HI, $43 million; addition of ambula- tional economic goals during this stage dif- tory care facilities, Brockton, MA, $13.5 mil- fer from before. Emphasis is placed on pursu- f ing social welfare, but may people overlook lion; addition of ambulatory care facilities, VETERANS’ HEALTH CARE Shreveport, LA, $25 million; addition of ambu- the fact that social welfare is based on con- ELIGIBILITY REFORM ACT OF 1996 tinual economic progress. I feel that these latory care facilities, Lyons, NJ, $21.1 million; alarming observations are very meaningful. addition of ambulatory care facilities, Tomah, Raising national competitiveness is for us HON. TIM Y. HUTCHINSON WI, $12.7 million; addition of ambulatory care the core of our reform, and is in line with OF ARKANSAS facilities, Asheville, NC, $26.3 million; addition professor Porter’s ideas. However, we have IN THE HOUSE OF REPRESENTATIVES of ambulatory care facilities, Temple, TX, $9.8 not just established a national diamond of million; addition of ambulatory care facilities, ‘‘dynamic development,’’ we have in fact in- Monday, September 30, 1996 Tucson, AZ, $35.5 million; construction of an stituted a project of national reinvention Mr. HUTCHINSON. Mr. Speaker, it is with ambulatory care facility, Leavenworth KS, from a much broader angle. This task of rais- great pride and a resounding sense of accom- $27.75 million; environmental improvements, ing national competitiveness is unique in plishment that I stand in support of H.R. 3118, concept and action, and deserves further Lebanon, PA, $9.5 million; environmental im- as amended, the Veterans Health Care Eligi- elaboration for those people concerned about provements, Marion, IL, $11.5 million; environ- bility Reform Act of 1996. This bill represents national competitiveness. First of all, it is mental improvements, Omaha, NE, $7.7 mil- the culmination of strong bipartisan efforts to global. Today, we are a member of the global lion; environmental improvements, Pittsburgh, village and neither can nor will exclude our- move Veterans' Administration [VA] health PA, $17.4 million; environmental improve- selves from international competition. care into the 21st century. I want to extend my Therefore, we must fully join in the ments, Waco, TX, $26 million; environmental appreciation to Chairman STUMP for his lead- improvements, Marion, IN, $17.3 million; envi- globalization trend. There are many yard ership and to the ranking members SONNY sticks and authoritative agencies for assess- ronmental improvements, Perry Point, MD, MONTGOMERY and CHET EDWARDS of the Vet- ing international competitiveness, such as $15.1 million; environmental enhancement, the International Institute for Management erans Affairs' Committee for their steadfast Salisbury, NC, $18.2 million; and seismic cor- Development in Switzerland, and the World support in doing what is right for America's rections of building number 324 at the Depart- Economic Forum. They differ in the cat- veterans. ment of Veterans Affairs medical center, Palo egories they evaluate and rank, and many H.R. 3118, within appropriations, directs VA Alto, CA, in the amount of $20.8 million. The factors tend to be subjective, but this is no to provide all needed hospital and medical excuse for our not pursuing competitiveness. authorization covers the fiscal years 1997 and care services and establish and manage 1998. If we want to compete in this world, we need health care programs to promote the cost-ef- to keep an eye on these evaluation factors, The bill authorizes the following major medi- make judgments according to our own need, fective delivery of health services to veterans cal facility leases for a total of $12.236 million: and decide on which evaluation categories with compensable service-connected disabil- Allentown, PA, $2.159 million; Beaumont, TX, we shall strive for. This way we can avoid ities, former prisoners of war, veterans ex- $1.94 million; Boston, MA, $2.358 million; being subjective and meet out real needs. posed to toxic substances and environmental Cleveland, OH, $1.3 million; San Antonio, TX, Second, it is comprehensive. When we talk hazards, veterans meeting the ``means test'' $2.256 million; and Toledo, OH, $2.223 mil- of competitive advantage, many people im- as provide under existing law, and veterans of mediately associate it with such economic lion. World War I. The bill requires the VA to develop a 5-year meanings as an increase in national finan- The bill requires VA to manage the provi- cial might or a boots in productive power. strategic plan for its health care system which Undoubtedly, these factors constitute a sion of health care services through an annual specifically addresses the integration of plan- major portion of what national competitive patient enrollment system that is reflective of ning efforts at the grassroots level, coordi- advantage means. However, we believe that the priority system, which provides the highest nated within the prescribed geographic net- competitive advantage means more than just priority for enrollment to those with service- work, and then formulated into a national plan. economic issues; education, public safety, connected conditions and also requires that The plan is required to be updated annually. the quality of life, and technical might are effective October 1, 1998, veterans enroll in a all part of the concept. In particular, at this The VA is also required to submit to the present stage. VA managed care plan to receive health care House and Senate Veterans' Affairs Commit- services. Veterans in need of care for a serv- f tees an annual report on the top 20 major ice-connected condition of 50 percent or more medical construction projects of the Depart- PROVIDING FOR CONSIDERATION service-connected disabled are exempt from ment which includes the justification of the OF CONFERENCE REPORT ON the enrollment requirement. projects and any changes to the report, such H.R. 3610, DEPARMENT OF DE- The bill eliminates restrictions on VA provid- as the addition, deletion, or change in rank FENSE APPROPRIATIONS ACT, ing prosthetics, but requires VA to establish order of any of the projects. 1997, AND PASSAGE OF H.R. 4278, guidelines for providing hearing aids and eye- The bill expands the required documentation OMNIBUS CONSOLIDATED APPRO- glasses. and justification of each major project and PRIATIONS ACT, 1997 The bill directs the VA to maintain its capac- major facility lease proposed in the President's ity for specialized services at the current level budget. The bill redefines a major medical SPEECH OF and within distinct programs and facilities dedi- construction project as costing at least $4 mil- HON. CARDISS COLLINS cated to the specialized needs of those veter- lion and repeals effective fiscal year 1998, a OF ILLINOIS ans. It also requires VA to consult with the Ad- provision of law exempting certain previously IN THE HOUSE OF REPRESENTATIVES visory Committee on Prosthetics and Special funded construction projects from the law's au- Disabilities Programs and the Committee on thorizations requirement. The bill also provides Saturday, September 28, 1996 Care of Severely Chronically Mentally Ill Veter- that amounts in excess of $500,000 may not Mrs. COLLINS of Illinois. Mr. Speaker, on ans in the assessment of these activities. Fur- be obligated from the VA's Advance Planning Saturday, September 28, 1996, the House of thermore, the VA is required to report to the Fund until VA reports such proposed obliga- Representatives was presented with the con- House and Senate Veterans' Affairs Commit- tions to the House and Senate Veterans' Af- ference report to H.R. 3610 containing the om- tees by April 1 of the years 1997, 1998, and fairs Committees. nibus appropriations for Federal fiscal year 1999 on VA's compliance with the specialized The provision of Health Care Sharing and 1997. At the time that the bill was called up on services provisions of the bill. Administration broadens and expands VA's the House floor for a vote, no Member had yet To ensure the budget neutrality of the eligi- ability to share health care resources while en- read and analyzed the entire bill, with groups bility reform provisions of this bill, the author- suring that services to veterans are not ad- of staff members working on various parts of izations for appropriations are capped at the versely affected by contractual agreements or that legislation. When we were presented with following amounts: $17.25 billion for fiscal year sharing arrangements that may be established the legislation, I stated that because I had not 1997 and $17.9 billion for fiscal year 1998. between the VA and other health care provid- been offered the opportunity to be advised of The bill requires that no later than March 1, ers. numerous provisions about which I have par- 1998, VA report to the House and Senate Vet- The bill makes permanent VA's ability to ticular concern, I would vote against the meas- erans' Affairs Committees on the impact of the enter into sharing agreements with the Depart- ure. implementation of eligibility reform. ment of Defense under provisions of DOD's Between the time my statement was given The bill authorizes the following major CHAMPUS program. The bill clarifies VA's au- for the RECORD, and the time at which I cast projects for a total amount of $358.15 million: thority to recover or collect from insurance E1892 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1996 plans (including CHAMPUS supplemental ing women veterans who suffer from chronic REPORT ON THE HEALTH CARE NEEDS OF EAST CENTRAL plans) and directs that all funds received mental illnesses. The committee is required to FLORIDA VETERANS under these provisions be credited to the facil- submit reports for 1998 and the three years This provision requires VA to submit a re- ity that provided the care. It also exempts following on ways to improve care to this port to Congress on the health care needs of those personnel involved in providing care group of veterans. needs of veterans in east central Florida. under this provision and other sharing authori- Subtitle D of the bill contains the following EVALUATION OF THE HEALTH STATUS OF SPOUSES AND ties from personnel ceilings. important provisions: CHILDREN OF PERSIAN GULF WAR VETERANS The effective date for the implementation of HOSPICE CARE STUDY Extends VA's authority until December 31, an administrative reorganization is reduced 1998 to offer diagnostic examinations to the This provision requires VA to conduct an in- from 90 to 45 days during which Congress spouses and children of Persian Gulf veter- house research and evaluation study on the has been in continuous session. ans. most effective way of providing hospice care The bill repeals limitations in 38 USC Sec- Mr. Speaker, I am proud to have been part to veterans. tion 8110(c) on contracting-out services cur- of the legislative process that makes these rently performed by VA employees. VA is re- ADULT DAY CARE PER DIEM critical changes which benefit our Nation's vet- quired to report annually to the House and Authorizes VA to make per diem payments erans. I yield back the balance of my time. Senate Veterans' Affairs Committees on those to state veterans' homes in conjunction with f activities which it proposes to study for pos- adult day care provided at such homes. The sible contracting out and those which have bill also authorizes construction grant support HONORING THE POLISH AMERICAN been contracted out. to States for expansion, remodeling, or alter- JOURNAL Under Subtitle B of the bill, Care of Women ation of existing buildings to permit the provi- Veterans, it stipulates that mammography sion of adult day health care. HON. JACK QUINN standards for the VA be as stringent as those RESEARCH CORPORATIONS OF NEW YORK prescribed by Public Law 102±539 and re- This provision renews VA's authority to es- IN THE HOUSE OF REPRESENTATIVES quires that VA report to the Congress within tablish additional research corporations Tuesday, October 1, 1996 120 days of enactment of the legislation on through the year 2000. It also expands report- the implementation of such standards. The bill ing requirements to Congress and requires an Mr. QUINN. Mr. Speaker, I rise today to rec- also requires annual surveys through 1999 of annual independent audit of research corpora- ognize the 85th anniversary of the Polish all VA medical centers to identify patient pri- tions with revenues in excess of $300,000. It American Journal. As Representatives from Polish-American vacy deficiencies relating to the treatment of also requires research corporations to more districts are sure to recognize, the Polish women veterans, to develop plans for the cor- closely mirror reporting requirements of the In- American Journal is the largest independent rection of identified deficiencies, and to give ternal Revenue Service. priority to correction efforts in the Depart- monthly English language newspaper in the VETERANS HEALTH ADMINISTRATION HEADQUARTERS ment's construction planning and budgeting United States and carries on the tradition of process. This provision requires that the Office of the preserving Polish culture and customs in our Under Subtitle C, Readjustment Counseling Under Secretary be staffed to include des- country. Founded in 1911 as Zorza, The and Mental Health Care, VA is required to fur- ignated clinicians to provide expertise and di- Dawn, it was subsequently renamed nish readjustment counseling to those veter- rect policy guidance on VA's specialized serv- Republika before combining with another ans who served in-theater during the Vietnam- ices programs (including the readjustment newspaper under the ownership of John era and those Vietnam-era veterans who seek counseling program) and that the latter be re- Dende, 1920, and to become known as or who have sought readjustment counseling sponsible for management of the readjustment Republika-Gornik Pennsylwanski (Republic- before January 1, 2000. The provision also counseling program. Miner of Pennsylvania). The paper was influ- authorizes Vet Center counseling services to DISBURSEMENT AGREEMENTS RELATING TO MEDICAL ential in providing anthracite coal miners with veterans of conflicts prior to the Vietnam-era RESIDENTS AND INTERNS information about working conditions, wages, such as Korea and World War II. Other provi- Authorizes VA to make disbursement agree- and mine safety. John Dende's editorials won sions of this section require the VA to submit ments for residents who train at outpatient wide acclaim and were often reprinted in other to the House and Senate Veterans' Affairs clinics. nursing homes, or other VA medical fa- Polish language newspapers. Indeed, John Committees a report on the feasibility and de- cilities. Dende became a highly respected activist for sirability of collating Vet Centers and also a AUTHORITY TO SUSPEND SPECIAL PAY AGREEMENTS FOR his work on behalf of his Polish-American report on the provision of offering limited PHYSICIANS AND DENTISTS WHO ENTER RESIDENCY compatriots. health care services at readjustment counsel- TRAINING PROGRAMS Following John Dende's passing, the paper ing centers. Both reports are due within 6 This provision suspends special pay agree- was published by his sons, Henry and Rich- months of enactment of the legislation. The bill ments during residency training. ard. In 1948 the Dende brothers made the dif- also establishes an 18-member Advisory Com- REMUNERATED OUTSIDE PROFESSIONAL ACTIVITIES BY ficult decision of changing from strictly Polish mittee on the Readjustment of Veterans which VETERANS HEALTH ADMINISTRATION PERSONNEL to mostly English to meet the needs of the is required to submit an annual report on the Lifts current law restrictions on title 38 nearly 5 million U.S.-born Polish-Americans readjustment of veterans with department health care professional working in their pro- and reach directly into the English-speaking comments to the Congress. fessional capacity in outside employment while community. Renamed Polish American Jour- The bill authorizes appropriations for estab- employed full-time by the VA. nal, the paper acquired national stature as the lishment of up to five centers of excellence in voice of Polish-Americans. Members of Con- MODIFICATION OF RESTRICTIONS ON REAL PROPERTY, mental health research, education, and clinical gress, government officials, civic and political MILWAUKEE COUNTY, WI care activities (MIRECC's). The MIRECC con- leaders, free Poles of the cold-war era, and Authorizes VA to modify conditions under cept is intended to improve the quality of care, anti-Communist crusaders throughout the which land previously transferred to Milwaukee particularly at VA psychiatric facilities, by fos- world all turned to the Journal as a freedom County for civic and recreational purposes tering collaboration between those facilities forum and information source. may be re-transferred. with primarily psychiatric or mental health mis- Henry and Richard Dende remained pub- sions and non-psychiatric tertiary medical cen- MODIFICATION OF RESTRICTIONS ON REAL PROPERTY, lishers of the Polish American Journal until ters. MIRECC's are to be modeled after the CHEYENNE, WY 1983, ever true to their mission of promoting successful Geriatric Research, Education and Authorizes VA to modify conditions under and preserving Polish and Polish-American Clinical Centers (GRECC's). Authorizations for which land previously transferred to grant culture, customs, traditions, and interests. In appropriations are $3.125 million for fiscal medical center lands on which the City of August of that year, however, Henry and Rich- year 1998 and $6.25 million for fiscal years Cheyenne, WY may be re-transferred to per- ard Dende agreed to have the Journal pub- 1999 through 2001. VA is required to submit mit First Cheyenne Federal Credit Union to lished by Panagraphics Corp. of Buffalo which reports on the operation of MIRECC's for the build a building to house its operations. is located in the 30th Congressional District of years 1999 through 2002. NAME OF DEPARTMENT OF VETERANS AFFAIRS MEDICAL New York. And Panagraphics continues the The bill requires VA to establish a Commit- CENTER, JOHNSON CITY, TN work begun by the hearty Polish immigrants tee on the Care of Severely Chronically Men- Renames the VA medical center in Johnson 85 years ago. tally Ill Veterans to assess VA's capability to City, TN, the ``James H. Quillen Department of It is fitting to enter these remarks in antici- meet the treatment needs of veterans includ- Veterans Affairs Medical Center''. pation of Polish-American Heritage Month, for October 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1893 the Polish American Journal is a familiar voice that has affected every American and has greatly missed, but I know they will both find in these halls. It was this publication that gave earned the respect of legislators on both sides great satisfaction in their future endeavors. us firsthand accounts of a war-ravaged Poland of the aisle. f and the plight of the Poles who were forced to By holding strong to her convictions and by live behind the Iron Curtain. During that pe- keeping an unwavering commitment to help TRIBUTE TO CONGRESSWOMEN SCHROEDER AND COLLINS riod, the Journal became the most quoted eth- America, PAT SCHROEDER has become one of nic newspaper in the CONGRESSIONAL RECORD, the best-known Members of this body. To as its headlines were cited by many of our many Americans, PAT SCHROEDER has be- HON. WILLIAM (BILL) CLAY former colleagues and their constituents. come synonymous with women's rights, and OF MISSOURI Since that time, the Polish American Journal rightfully so. Allies on important issues are al- IN THE HOUSE OF REPRESENTATIVES has fought hard to see freedom restored in ways thankful to have PAT fight on their be- Tuesday, October 1, 1996 Poland, a dream that was realized with the half, while foes on issues fear her powerful Mr. CLAY. Mr. Speaker, when the 105th election of Lech Walesa to Poland's presi- voice. Congress convenes next year, this body will dency. PAT SCHROEDER's legislative accomplish- regrettably be absent two of its most dedi- While the Polish American Journal has dem- ments are countless. Some of her most recent cated and distinguished public servants, the onstrated its role as a voice for Poland here bills that are now law include the Violence Honorable PAT SCHROEDER and the Honorable in the United States, it more importantly Against Women Act, the Economic Equity Act, CARDISS COLLINS. It is with mixed feelings of serves as witness to the countless contribu- the Breast and Cervical Cancer Prevention pleasure and sadness that I rise today in trib- tions Americans of Polish descent make to the Act, the Child Support Responsibility Act, and ute to these two extraordinary leaders. United States. From Revolutionary War heroes the National Child Care Protection Act. Congresswoman SCHROEDER and Con- Thaddeus Kosciuszko and Casimir Pulaski to PAT SCHROEDER has won recognition from a gresswoman COLLINS have served the Con- World War II flying ace Col. Francis Gabreski wide range of groups because of her dedica- gress longer and with greater dedication than and the highly decorated late Col. Matt Urban, tion, including the National Women's Hall of few others. Among women Members, their Poles and Polish-Americans have long dem- Fame. We'll all remember PAT, though, for longevity is virtually unmatched. As co- onstrated their deep commitment to America's some of the every day things she does, like founders of the Congressional Women's Cau- liberty. the smiley faces in her signature, the bunny cus they have shared in the historic mission of The pages of the Polish American Journal suits and her flair for language and the art of elevating this body's awareness and under- are a record of the achievements of Polish- debate. As I told her earlier this year, without standing of legislative issues of greatest con- Americans in all fields, from academia and PAT we never would have know whether cern to women. Both have served selflessly politics to science and the arts. This gives all Presidents were Teflon or Velcro, or which and tirelessly in the struggle for social justice citizens of the United States a deeper under- hawks were really chickens in disguise. and equality. standing and respect for the lives of the sons My colleague from Illinois, CARDIS COLLINS, PAT SCHROEDER and CARDISS COLLINS rep- and daughters of self-sacrificing immigrants also has had a most distinguished career of resent very different constituencies. Their leg- whose stories proudly shin in the colorful eth- service to her constituents, and significant leg- islative styles are distinct and they speak in nic mosaic we call America. islative contributions during her tenure here. somewhat different voices, but they have con- Since its founding, the Polish American Since arriving in 1973, CARDIS COLLINS not sistently spoken in unison on behalf of those Journal has been dedicated to the promotion only has been a remarkable congresswoman, who have been traditionally under-represented and continuation of Polish-American culture in but has been a leader. CARDISS COLLINS has in the halls of Congress. The achievements of the United States, a heritage rich in the joys led the charge on minority, women's, chil- these two legislative giants are too numerous of the family, church, and country. Its anniver- dren's, and safety issues. By doing so, she to recount and too phenomenal to address sary is a milestone by which all can be proud, has enhanced equality and helped our Nation adequately in these few minutes. They each for its success mirrors the achievements of all become stronger and safer. leave a legacy of achievements fulfilled. PAT Polish-Americans whose virtues and ethics I have had the honor to serve with CARDISS has performed some miraculous feats as a have contributed to American society. on the Commerce Committee, where I was member of the National Security Committee Mr. Speaker, I congratulate the paper on its able to witness her hard work and commit- while CARDISS has left her signature on the anniversary and commend its staff, writers, ment to not only the people of Illinois, but to business of the Commerce Committee. And contributors, and subscribers who take pride in all Americans. both of these great Members of Congress has their economic roots and who willingly share During her tenure as chair of the Sub- left her personal imprimatur on issues like the ideals of their ancestors with Americans of committee on Commerce, Consumer Protec- health care, education, employment security, all backgrounds. tion, and Competitiveness, CARDISS COLLINS environmental protection, consumer safety, f was instrumental in enacting the Child Abuse and civil rights and humanitarian causes. Prevention Act, the Child Safety Protection These two gentlewomen have made count- HONORING REPRESENTATIVE PA- Act, the Gender Equity in Athletics Disclosure less personal sacrifices and enormous con- TRICIA SCHROEDER OF COLO- Act, and many, many other bills. She also tributions to this body and to the Nation. No RADO AND REPRESENTATIVE conducted investigations which helped triple truer advocates of peace, justice, and equality CARDISS COLLINS OF ILLINOIS the number of child care centers in the Gen- I have known in my 28 years in Congress. eral Services Administration. Congresswoman CARDISS COLLINS acts from HON. JOHN D. DINGELL CARDISS COLLINS' tireless efforts have also the heart and steadfastly nurtures policies of OF MICHIGAN resulted in increased safety standards for fairness and virtue. Congresswoman PAT IN THE HOUSE OF REPRESENTATIVES America's airline passengers, tougher safety SCHROEDER speaks eloquently from her soul standards in the transport of toxic materials, and illuminates the path to truth and justice. Tuesday, October 1, 1996 and an increased African-American participa- Mr. Speaker, the Congresswoman from Mr. DINGELL. Mr. Speaker, I rise today to tion in advertising. She has led a dedicated Denver and the Congresswoman from Chi- add voice to those who want to recognize two staff both in the Government Reform Commit- cago have played magnificent roles in redirect- wonderful public servants and truly special tee, and before that in the Energy and Com- ing our future. They have moved our Nation people, my colleagues PAT SCHROEDER and merce Subcommittee on Commerce, closer toward realizing those principles of free- CARDISS COLLINS. It has been an honor for me Consumer Protection and Competitiveness. It dom and equality of which our Nation's found- to serve with these two distinguished Mem- was on this panel that Chairwoman COLLINS ers paid lip service but to which they failed bers, who have worked hard to help the peo- led hearings on gender equity, insurance red- miserably in their shameless defense of rac- ple of Colorado, Illinois, and the United States. lining, and deceptive practices in the sale of ism and sexism. Our Nation and this institution Their dedication, passion, and commitment to life insurance. have changed for the better by the dedicated the betterment of our country will be missed. Mr. Speaker, I am proud to have served contributions of these exceptional legislators. For 11 terms, Pat Schroeder, my friend from with such noble individuals. PAT SCHROEDER Representatives SCHROEDER and COLLINS Colorado, has been an active and influential and CARDISS COLLINS will not be forgotten. have demonstrated the kind of faith and dedi- leader on behalf of women's and children's is- America owes them both a debt of gratitude. cation that inspire the best in others. I will sues, health care, educational opportunity, I urge all my colleagues to salute PAT and PAT's humor and I will miss CARDISS' deter- constitutional rights, and foreign and military CARDISS for their exceptional accomplishments mination, and I will especially miss their gener- policy. In doing so, she has shaped legislation as Members of the House. They both will be ous support and friendship. My memories of E1894 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1996 service with PAT SCHROEDER and CARDISS CARDISS has also focused her energy on in- TRIBUTE TO THE HONORABLE PAT COLLINS are long and fond. I wish them each creasing diversity in advertising. The lack of a SCHROEDER ON HER RETIREMENT good health and good fortune as they leave us presence of African-Americans sparked her to and move on to new challenges. I know they introduce several bills to strike more of a bal- HON. G.V. (SONNY) MONTGOMERY will continue to spread the faith. May triumph ance throughout this medium. She worked OF MISSISSIPPI and victory be with them on the path that lies tirelessly to ensure that privately owned firms IN THE HOUSE OF REPRESENTATIVES ahead. and the Federal Government did not discrimi- Tuesday, October 1, 1996 f nate against minority owned agencies. The Congressional Black Caucus is the Mr. MONTGOMERY. Mr. Speaker, I would like to take this opportunity to wish Congress- CELEBRATING THE CAREER OF strong organization it is today, due, in part, to CARDISS COLLINS woman SCHROEDER farewell. She will be retir- the leadership Representative COLLINS ing at the end of this session, but she will not showed when she chaired the Caucus. She soon be forgotten in Washington. HON. JOHN CONYERS, JR. also chaired the Congressional Black Caucus For the last 16 years, I have had the good OF MICHIGAN Foundation for two terms, beginning in 1994. fortune to sit next to Pat on the National Secu- IN THE HOUSE OF REPRESENTATIVES She was an important member to both bodies, rity Committee. She has worked hard during Tuesday, October 1, 1996 and they miss her contributions. her time in Congress, and not only in this I will miss CARDISS' intelligence and insight Mr. CONYERS. Mr. Speaker, I rise today to committee. She gives everything 100 percent which she has shared throughout the years pay tribute to my friend and highly distin- of her time and attention. we spent in Congress. I know she will spend During the time that I have known her, I guished colleague, Congresswoman CARDISS many fulfilling years with her son and grand- have had the opportunity to meet her wonder- COLLINS of Illinois' Seventh Congressional Dis- daughter. I am honored to have served with trict. As the longest serving African-American ful family. I know them well and have enjoyed her and I wish her continued success and our association. I wish them all good luck in female in Congress, she has been a true in- happiness. the future. spiration and mentor to those who have fol- f lowed in her footsteps. Her legacy, including f her tenure as chair of the Subcommittees on HONORING PAT SCHROEDER Commerce, Consumer Protection, and Com- CONGRESSWOMAN CARDISS petitiveness and Government Activities and COLLINS HONORED HON. JOHN JOSEPH MOAKLEY Transportation, as well as the Congressional OF MASSACHUSETTS Black Caucus, are part of a permanent record IN THE HOUSE OF REPRESENTATIVES that will ensure the importance of her 23 years HON. JOHN JOSEPH MOAKLEY Tuesday, October 1, 1996 in the House of Representatives. OF MASSACHUSETTS Public service has become an important IN THE HOUSE OF REPRESENTATIVES Mr. MOAKLEY. Mr. Speaker, I rise today to part of CARDISS' life. She honorably stepped in Tuesday, October 1, 1996 pay tribute to a truly great Member of Con- to fill her late husband's, the Honorable gress, my classmate PAT SCHROEDER. George W. Collins, seat when asked and has Mr. MOAKLEY. Mr. Speaker, I rise today to PAT and I joined the House of Representa- pay tribute to my colleague and neighbor, tives together in 1973, and ever since that served faithfully since. Congresswoman COL- Congresswoman CARDISS COLLINS, who will time I have watched her impressive accom- LINS has truly represented her district through- out the years. Her skillful leadership during her be leaving the house after 24 years of very plishments with great respect. I only regret that I never got to see her chair 11 terms will be missed by many. distinguished service. the Judiciary Subcommittee on Courts and In- I would like to take this opportunity to re- CARDISS COLLINS has been an exemplary tellectual Property because I know if she ever member some of the important achievements Member and a true Democrat. She has fought did she'd do a wonderful job. attributed to Representative COLLINS. She has long and hard to improve health care for During her 24 years in Congress PAT has consistently devoted her energy to improving women and minorities and to improve diversity in advertising. been an outspoken and extremely effective health care for women and minorities. CARDISS advocate for children, women, and families. spent several years during this decade pro- Thanks to her work making sure female col- lege athletes are treated fairly in our Nation's She never lost her sense of joy and honor moting the research of breast cancer. She in serving in the most respected legislative colleges and universities, CARDISS was in- sponsored legislation that expanded Medicare body in the world, and it infected everyone ducted into the Women and Girls' Sports Hall coverage for mammography screenings and around her. Even people who disagreed with of Fame. Medicaid coverage for Pap smears to detect her politically recognized her profound dedica- And that is just one of her many awards, cervical and uterine cancers. COLLINS has also tion to this country. distinctions, and honorary degrees. continuously authored a resolution that des- PAT has been a true Colorado pioneerÐshe ignates October as National Breast Cancer I had the great pleasure of working with is the longest serving woman in the U.S. Awareness Month. CARDISS on an issue that we both believe is House, and a former candidate for Vice Presi- Her concern for women extends beyond very importantÐthe issue of cigarette-caused dent of the United States. She has set a great health care. She pressured colleges to follow fires and how to stop them. CARDISS and I example and been a great inspiration for the requirements of title IX of the Education worked together for years to promote fire-safe young women throughout the United States for Amendments Act of 1972 when she chaired cigarettes and considering the powerful com- many many years. the Subcommittee on Commerce, Consumer panies we've been up against, I believe we Despite her impressive tenure, PAT leaves Protection, and Competitiveness. The result have made great strides. here as spunky and optimistic as when we has been a dramatic increase in the participa- CARDISS has also been ahead of her times first started, but she will certainly be leaving tion of women in sports, as evidenced by the in terms of fighting for airline safety. It is tragic this place a quieter, a bit less feisty, and bit number of American women participants this that it took this year's airline accidents to bring less family friendly. year in the Centennial Olympic Games in At- other people around to her point of view. I am honored to have served with her and lanta. At a time when it cannot have been easy to I will miss her very much. CARDISS has been especially concerned be an African-American woman in Congress, Thank you Mr. Speaker. about the fate of our country's children. She is CARDISS has made tremendous strides on be- f responsible for increasing the funding and re- half of women and minorities. TRIBUTE TO THE HONORABLE search into minority health issues and estab- I hope very much that her tenure as longest PATRICIA SCHROEDER lishing the National Institutes of Health's Office serving African-American woman in the Con- on Minority Health. Representative COLLINS gress, will serve as an inspiration to young was the force behind the Child Abuse Preven- people, particularly people of color, as they HON. JOHN CONYERS, JR. OF MICHIGAN tion Act, which resulted in the training of consider their careers. She is indeed a won- IN THE HOUSE OF REPRESENTATIVES teachers in child abuse prevention. Addition- derful role model for all young people. ally, CARDISS increased child safety by enact- The seventh Congressional District of Illinois Tuesday, October 1, 1996 ing legislation that requires warning labels on is lucky to have had her as its representative Mr. CONYERS. Mr. Speaker, I rise today to toys with small parts and standards for bicycle and we are lucky to have had her as our col- pay tribute to our distinguished colleague, PA- helmets. league. TRICIA SCHROEDER. PAT is retiring at the end of October 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1895 this term after a remarkable 24-year career in defended the record of progressives in Con- United States industry. U.S. production of the House of Representatives. She began her gress, she has fought vigorously against the men's and boy's wool suits has drooped more career in Denver as a lawyer and women's attempt to override President Clinton's veto of than 40 percent, and employment has fallen rights activist. She brought an activist's pas- the partial birth abortion ban, and she has in- almost 50 percent. At the time of CFTA nego- sion and commitment to the Congress where troduced a package of new legislation on safe tiations, United States industry voiced concern she has fought for the rights of women, chil- motherhood. PAT's wit, intellect, dedication, about establishing tariff preference levels for dren, families, and all Americans for nearly a and passion for what is right will be greatly goods made from nonoriginating fabric, but quarter of a century. PAT has been a friend missed in the Judiciary Committee, the Demo- Canada assured United States negotiators and colleague and she will be sorely missed. cratic Party, the House of Representatives, that preexisting trade patterns would not be al- PAT has left an indelible mark on the Con- and the Congress as a whole. I have greatly tered. Clearly, this has not happened. Yet, gress which has allowed all women who have enjoyed working with her for these past 24 U.S. industry does not have normal access to followed her to enter with greater equality and years and I wish her luck in all her future en- safeguard actions that would allow it to peti- respect. She is the most senior woman Mem- deavors. tion the U.S. Government for temporary relief ber of the House and one of the original f from injurious imports. Instead, the wool ap- founders of the Congressional Caucus for parel industry was excluded from NAFTA safe- Women's Issues. She cochaired the caucus NAFTA PARITY FOR U.S. WOOL guard provisions. The legislation I am intro- from 1979 until 1995. She has been called an APPAREL INDUSTRY ducing would allow the U.S. industry for tai- icon of the women's movement and has even lored wool apparel to have normal access to been named to the National Women's Hall of HON. JOHN J. LaFALCE safeguard provisions under the NAFTA. Fame. One of her own personal favorite OF NEW YORK Mr. Speaker, I believe Congress must take claims to fame, however, is that Oliver North IN THE HOUSE OF REPRESENTATIVES corrective action when it becomes aware that has labeled her as one of the country's 25 Tuesday, October 1, 1996 a major piece of legislation unfairly excludes most dangerous politicians. and injuries a sector of U.S. industry, espe- PAT has authored and overseen the pas- Mr. LAFALCE. Mr. Speaker, today I am in- cially when this effect was not intended. We sage of some of the most important legislation troducing legislation that will redress a wrong owe it to U.S. workers in the tailored wool ap- affecting the lives of all Americans. Such legis- inflicted on an important segment of the U.S. parel sector to restore legislation to its original lation includes several which I am honored to textile and apparel industry during NAFTA ne- intent and to provide for a normal avenue have cosponsored: the Violence Against gotiations. under U.S. trade law to redress injury from im- Women Act, the Economic Equity Act, the During NAFTA negotiations with Canada, ports. Breast and Cervical Cancer Mortality Preven- changes were made in the original United tion Act, and the National Child Protection Act. States-Canada Free Trade Agreement [CFTA] f PAT was also one of the original cosponsors of with respect to imports of men's and boys' TRIBUTE TO TOBY ROTH the landmark Family and Medical Leave Act. wool suits, jackets, and slacksÐchanges I have been particularly honored to work which both injure United States manufactures with PAT on the Judiciary Committee. To- in this sector and give no avenue for relief HON. GERALD B.H. SOLOMON gether we have worked to stem the tide of Re- from this injury. My legislation will correct this OF NEW YORK publican assaults against the rights of the oversight and return to provisions that were IN THE HOUSE OF REPRESENTATIVES originally intended in the CFTA. American public. PAT has brought her pro- Tuesday, October 1, 1996 found knowledge of the law and policy to her When the United States and Canada nego- work as the ranking Democrat on the Sub- tiated the textile and apparel provisions of the Mr. SOLOMON. Mr. Speaker, I rise today to committee on Courts and Intellectual Property CFTA, special duty allowances were made for pay tribute to a fellow classmate, colleague, and as a member of the Subcommittee on the tailored men's and boys' wool apparel made and friend. TOBY ROTH came to this body in Constitution. She has used her position on the from foreign fabric, i.e., fabric not produced in the same class as I did over 18 years ago. Judiciary Committee to fight for the passage of either the United States or Canada. A tem- When we arrived in this House, our Nation the equal rights amendment, to expand the porary tariff preference level [TPL] was estab- faced unprecedented inflation and unemploy- access of women to quality health care and lished for this category of imported apparel for ment rates and a stagnating economy at home reproductive services, to combat employment items made from textiles that were not avail- and faced an expanding and powerful Evil discrimination, and to protect intellectual prop- able in either the United States or CanadaÐ Empire of communism abroad. With the elec- erty rights here and abroad. She is a wise and hence, the special treatment for wool apparel tion of Ronald Reagan in 1980, this economic formidable associate and I will greatly miss made from non-United States or Canadian slide and the rampant spread of communism her working at my side. textiles. At the time, Canadian manufacturers began to turn. While I fought hard in this body PAT has also paved the way for women in of tailored wool apparel constituted only a to assist President Reagan in fighting the the Congress by opening the door to the once small portion of the Canadian apparel industry, spread of communism around the world, TOBY male bastion of military defense. PAT has and the TPL was intended only to ensure that ROTH was right at my side as we served many been a strong and sometimes lone progres- they had an adequate supply of wool fabric. years together on the Foreign Affairs Commit- sive voice on national security issues since Under the CFTA, renegotiation of the tariff tee. From his position on the Foreign Affairs taking office. She joined the National Security preference level was mandated by January 1, Committee, TOBY was instrumental in working Committee in 1973 as an antiwar activist and 1998. to bring the Communist bear to its knees. The has provided votes of reason ever since During NAFTA negotiations, the CFTA mon- fact that democracy instead of communism is against such measures as Reagan's Strategic itoring and renegotiation requirements were now breaking out all over this world in is large Defense Initiative, the B±2 bomber, the MX dropped. Indeed, the Office of the U.S. Trade part due to the efforts of our colleague TOBY missile and other nuclear weapons systems. Representative has said that NAFTA negotia- ROTH. America owes its gratitude to this man She has been a proponent of nuclear test ban tions constituted a fulfillment of the CFTA for his unswerving dedication. laws, defense burdensharing, and the base mandate. The result of this retention of tariff TOBY has also served his country well in his closings of 1989. In 1991, PAT led the inquiry preference levelsÐand indeed the increase of defense and support of our English language. into the now infamous Tailhook Scandal which levels rather than a loweringÐhas resulted in He has taken the inspirational words of Win- resulted in the resignation of Navy Secretary an unacceptable surge in imports of this prod- ston Churchill to heart when Churchill stated H. Lawrence Garrett. Her long struggle to see uct from Canada. United States industry be- that ``the gift of a common language is a price- women soldiers in combat roles came to fru- lieves this provision has been used by Cana- less inheritance.'' TOBY's leadership on this ition when the Pentagon announced that dian producers for ``wholesale circumvention issue has motivated many of us to stand up women aviators were allowed to fly combat of the rule of origin''Ðand the rule of origin is and recognize that as Toqueville said ``the tie missions for the first time in 1993. the foundation of a free trade agreement. The of language is, perhaps the strongest and the PAT's wit and quick tongue have changed legislation I am introducing today would re- most durable that can unite mankind.'' His the nature of political dialog in America. Her store the mandate to monitor and renegotiate dedication to principle, his love for his country, nickname for Ronald Reagan, the Teflon the schedule of tariff preference levels by Jan- and his commitment to democracy enable me President, has become infamous. She is leav- uary 1, 1998. to proudly stand on this floor today and de- ing the House with this same passion and Since 1988, the surge of tailored-wool-ap- clare that he is my colleague and my friend. vigor. In the past few weeks she has strongly parel imports from Canada has devastated the Statesmen of his character are why America E1896 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1996 deserves to be proud of our representative de- LEGISLATION EXTENDING CON- there are many people that I want to express mocracy and our hard-earned freedom. Amer- SERVATION RESERVE PROGRAM my appreciation. I would like to take this op- ica will miss TOBY ROTH in this body and I CONTRACTS portunity to thank my colleagues for the great hope for our country's sake that TOBY will re- help and respect they have given me through turn to Washington in the future to share with HON. PAT ROBERTS out the years. In the recent months, they have us his sage advice on those issues to which OF KANSAS made a special effort to tell me how much he holds so dear. IN THE HOUSE OF REPRESENTATIVES they enjoyed serving with me. My fellow Rep- Tuesday, October 1, 1996 resentatives wished me well in my future en- f deavors, and I do appreciate all the warm re- Mr. ROBERTS. Mr. Speaker, today, I am in- gards and kind thoughts. HAPPY 50TH ANNIVERSARY; REAL- troducing legislation to restore to the Secretary Additionally, I owe the staffs on Capitol Hill TOR ASSOCIATION OF BAY COUN- of Agriculture the optional authority to extend my thanks. The staffers have given my office TY existing Conservation Reserve Program [CRP] a great deal of help and assistance over the contracts. This action is necessitated by a pro- many years. Because of them, my job was vision contained in the 1997 agricultural ap- made much easier. HON. JAMES A. BARCIA propriations law that rescinded that long- Finally, a special thanks to all the different standing authority at a time when the Sec- OF MICHIGAN organizations that have honored me in the last retary is attempting to implement a revised few months: National Guard Association of the IN THE HOUSE OF REPRESENTATIVES CRP that currently does not have final regula- United States, Mississippi State University, the Tuesday, October 1, 1996 tions in place. Contracts covering 24 million acres, or two- veterans organizations, the armed services YMCA, and the Mississippi Society, just to Mr. BARCIA. Mr. Speaker, honesty and in- thirds of the existing enrolled acres, are name a few, have given me receptions, din- tegrity are elusive commodities in today's busi- scheduled to expire next September and must ners, and many wonderful memories. ness world but are ever present in our hard- be considered for re-enrollment before that time. Congress devoted considerable time and Thank you all. working realtors. Over the years I have had f the privilege of working with many real estate resources during the farm bill to insuring the agents, chief among them the very profes- continuation of the CRP with its important con- TRIBUTES TO CONGRESSMEN sional members of the Realtor Association of servation and environmental benefits. The ad- JACOBS AND MYERS Bay County. I rise today to pay tribute to this ministration was tasked with proposing new association that, for half a century, has been regulations for the CRP by early June of this HON. LEE H. HAMILTON dedicated to promoting ethics and caring in year to give farmers sufficient time to under- stand the revised program and make deci- OF INDIANA the business world. On October 19, at the IN THE HOUSE OF REPRESENTATIVES Consistory Cathedral in Bay City, the Realtor sions on their participation. Association will celebrate its 50th anniversary. Unfortunately, USDA's proposed regulations Tuesday, October 1, 1996 did not appear until mid-September. The pro- First chartered on July 9, 1946, the Realtor Mr. HAMILTON. Mr. Speaker, I am inserting posed changes are so massive and so many these statements into the CONGRESSIONAL Association of Bay County is a professional factors are still unknown, it is unlikely that RECORD. They were to be given as part of a association of real estate brokers and their farmers will have the final details well into next Special Order for Congressman JACOBS and agents. Originally created not only to protect year. If the proposed changes are contained in MYERS last week: and promote private ownership of real prop- the final rules, it is clear that many weeks of STATEMENT OF THE HONORABLE JOHN CON- erty, and establish professional standards of intensive work by USDA will be needed to practice, the association has remained true to YERS, JR., PRAISING THE CAREER OF AN- apply the general rules to each individual DREWS JACOBS, JR. its original goals while expanding outreach into farmer's land before the producer will know There have been a number of colleagues the community. whether he is eligible and whether he wants to with whom I have become friends as well as Through the years, the association has ac- make a bid to enter the program. legislators, but none as close to me as Andy tively monitored State and Federal legislation It was the clear intent of Congress to give Jacobs. On January 4, 1965, we began an regarding private property rights and has pro- the producer the maximum flexibility in making intermittent association that makes me feel vided educational programs, keeping members the decision on whether or not to continue his able to say that I have a dear friend leaving informed on the numerous changes in the land in the CRP. Farmers cannot sensibly Congress. make that decision until all the information is Andy will be known and remembered for laws and creating forms necessary to comply his unfailing ability to bring a smile to your with them. One such service, created in 1962 available to them. The slightest delay in face no matter what is happening in the Con- and computerized in 1972, is the Multiple List- USDA's schedule will create chaos on the gress or in your lift. He believes that a laugh ing Service which assists members in their en- farm with an arbitrary deadline forcing a deci- can lift you, and I have come to believe it deavor to list and sell properties for their cli- sions for which the producer has insufficient too. After all, he has practiced more jokes on ents and customers. information. me than perhaps any other member of the If this situation arises, which in the mind of House within the course of our friendship. The Realtor Association of Bay County is a this Member is a probability rather than a pos- Now that he is ending his legislative ca- member of the world's largest trade associa- sibility, it is imperative that the Secretary of reer, may I reflect upon several achieve- tion, the National Association of Realtors, Agriculture retain the authority to extend exist- ments that may not have been covered dur- which consists of over 750,000 members and ing the course of our discussion. The first is ing contracts so that properly thoughtful deci- the Viet Nam War debates that were con- the Michigan Association of Realtors, which sions can be made that will affect farmers and consists of over 25,000 members. ceived by Representative Jacobs. He led the our environment for a decade to come. fight to end the war in 1969, in an all night With a membership that has grown to over By eliminating the limitation on the Sec- session on the House floor. Andy’s efforts led 300, the association is involved in 12 diverse retary's authority contained in this year's agri- to the beginning of the end of the Viet Nam community service projects. Groups such as cultural appropriations law, this bill will insure War. Junior Achievement, American Home Week, that USDA has the flexibility to implement the The second matter is the Adam Clayton Women's Center, and Safety Through songs Conservation Reserve Program successfully Powell Committee, to which then Speaker for Kindergartners have all benefited from their and avoid a train wreck next August. John McCormack appointed us both. Through his ability to persuade people, Andy relationship with the Realtors Association. f was able to at least have a hearing that af- Mr. Speaker, realtors adhere to a strict code A SPECIAL THANK YOU TO MY forded then Chairman Powell a modicum of of ethics and level of professional conduct that FRIENDS AND COLLEAGUES due process. He was skillful at it, and he was benefit us all. Couple that with their dedicated able to turn away some of the intense emo- involvement to the community and you have tion that led many members to want to an organization which exemplifies the profes- HON. G.V. (SONNY) MONTGOMERY make short shrift of our jobs on the commit- OF MISSISSIPPI tee. But Jacobs predicted with a usual clar- sionalism and caring to which all business and IN THE HOUSE OF REPRESENTATIVES ity that any attempt to ouster Chairman business associations should aspire. Please Tuesday, October 1, 1996 Powell would be rebuffed by a Supreme join me in congratulating the Realtor Associa- Court which would be reluctant to allow us tion of Bay County on its 50th anniversary, Mr. MONTGOMERY. Mr. Speaker, as I pre- to determine who should represent the peo- with best wishes for many more. pare to retire at the end of this Congress, ple from a congressional district. October 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1897 The third matter was the impeacement In 1969, Andy led a night long debate on the May We.—Never forget! hearings of Richard Milhouse Nixon. And Vietnam War, which the Washington Post f here again, Andy Jacobs was helping to lead described as ‘‘the first serious congressional us to a decision that was inescapable in discussion of U.S. policy in Vietnam.’’ INTRODUCTION OF THE COMMOD- terms of our duty; to recommend impeach- As Chairman of the Ways and Means Sub- ITY EXCHANGE ACT AMEND- ment proceedings against a sitting president. committee on Health, Andy has also played MENTS OF 1996 The years have been good to both Andy and an integral role in shaping the Medicare and myself. His support on the homefront and in Social Security programs. He has also been a the family setting is a beautiful one. I know leading proponent of pre-school programs for HON. THOMAS W. EWING his wife, Kimberly, and his children, and educationally-disadvantaged children. OF ILLINOIS Andy has never been happier; and I have Andy has been an exceedingly effective leg- IN THE HOUSE OF REPRESENTATIVES never been happier for him. He has truly islator in his years in Congress, and had been Tuesday, October 1, 1996 been a man of the people, and I can say that praised by two Indianapolis mayors for pro- he has never compromised his beliefs in the tecting the city’s interests. Mr. EWING. Mr. Speaker, as a point of de- political arena or anywhere else. He is a Mr. Speaker, I will certainly miss Andy, parture as the 104th Congress passes into the leader, an unusually forceful speaker, and a and especially his good humor. He could al- historical record, today I am introducing legis- mental giant both in his writing and his law- ways brighten a dismal day with a joke. In lation to reform the Commodity Exchange Act making. I wish him every continued happi- fact, he has been described as having a ‘‘Lin- [CEAct], the law governing the regulation of ness from this day forward. colnesque’’ sense of humor. futures and options on our Nation's commodity Congress is losing a fine man and a terrific exchanges and other risk management finan- STATEMENT OF THE HONORABLE MICHAEL legislator. I am thankful for having served BILIRAKIS with such a fine man. cial instruments that are traded in over-the- A FOND FAREWELL TO JOHN MYERS f counter markets. I rise today to say farewell to a dear friend Although this legislation is not massive in and colleague who will be retiring at the end LEST WE FORGET size, it is sizable in scope. This area of Fed- of this Congress—the honorable John Myers eral regulationÐthe importance of our futures from Indiana. and option marketsÐdemands new treatment. Calling John Myers honorable is an under- HON. JON D. FOX Although the Commodity Futures Trading statement. He is much more than that, and OF PENNSYLVANIA Commission [CFTC] was just reauthorized has served the citizens of the 7th District of IN THE HOUSE OF REPRESENTATIVES Indiana superbly since coming to Congress in through the year 2000 last April, the Congress 1967. Tuesday, October 1, 1996 took more than 3 years to agree on the Fu- John is one of the most well-liked and re- Mr. FOX of Pennsylvania. Mr. Speaker, I tures Trading Practices Act of 1992Ð1992 spected members of the House of Representa- FTPA. Needless to say, that law was a con- tives, and his departure will not only be a rise today to submit for the RECORD the follow- ing tribute to our veterans which was written tentious debate; this bill may be similarly con- loss for his constituents, but also for this tentious. For that reason, it should be viewed venerable institution that he devoted so by Rev. B. Robert Gillis of the Gloria Dei much of his life to. Church, Huntingdon Valley, PA, in the 13th as a discussion document. We will have sev- In his time in Congress, John has been Congressional District. It is a stirring testament eral months to think about it and discuss it known as a staunch fiscal conservative, and to the debt our Nation owes to its veterans. prior to the introduction of a new bill in the has backed up his words with action—never 105th Congress. LEST WE FORGET voting to raise taxes. Since the day be began The purpose of the bill is to reestablish the his service until today, John has maintained Lest We Forget.—That our country was concept of self-regulation with CFTC over- his passion and enthusiasm about debating founded on the principles of freedom and jus- tice for all. sight. The commodity exchanges are self-reg- the issues that affect his constituents and ulatory organizations; they regulate their mem- our country. That our forefathers were people of vision As Chairman of the Appropriations Sub- who exhibited unswerving faith in the worth bers and the trade and financial practices of committee on Energy and Water Develop- of both people and principles. their members. The National Futures Associa- ment, he has provided critical flood control And that God has been an integral part of tion [NFA], at this time the sole registered fu- relief to his largely rural district. He has the foundation and fabric of our nation. tures association, regulates the professional also been instrumental in the continued Lest We Forget.—That freedom and justice futures community, setting industry-wide funding of high-tech research projects, such carry a substantial price tag that is non-ne- standards of sales and trade practice conduct. as new cancer treatments, at several state gotiable. The aim is to keep the U.S. futures industry universities in Indiana. That the price tag has been very high. As the third most senior member in the And that sacrifices have been made with competitive as it enters the next century. The first GOP congress in over forty years, John little regard for personal comfort, safety or price discovery and hedging functions of our has been a forceful and influential voice in recognition. futures markets still are paramount. The law, determining the direction of important pol- Lest We Forget.—That people of vision and however, must recognize that technology is icy initiatives. He has provided leadership passion saw beyond themselves to a larger, constantly changing and that our commodity and exuberance in moving power and influ- better world for all. exchanges serve a sophisticated, mostly insti- ence out of Washington and back to the peo- That our forefathers have exchanges the tutional clientele these days, not small, retail ple where it belongs. His legacy of integrity security of what is for what might be. traders. Lest We Forget.—That freedom and justice and legislative achievement has won him the With that in mind, let me briefly outline the respect, praise and admiration of members are never guaranteed. from both parties, political pundits and That there are always those intent upon contents of the bill I am introducing. members of the media. infringing on the rights and responsibilities Section 2(a)(1)(A)(ii), is known commonly as Mr. Speaker, I am pleased to add my voice of others. the Treasury amendment and was enacted as to those who are bidding farewell to John That both freedom and justice must be de- a part of the Commodity Futures Trading Myers. John—congratulations on your out- fended. Commission Act of 1974. Unfortunately, this standing record of service, and best of luck And that each successive generation must language has created numerous legal prob- to you and your wonderful wife Carol in the continue to pay the price to keep our dreams lems the courts have dealt with inconsistently. future. You’ll be missed. * * * alive * * * Title II of the bill offers a solution to these Lest We Forget, We Must.—Build on the problems. It is one solution. Obviously, there STATEMENT OF THE HONORABLE MICHAEL foundation of the past and follow the exam- BILIRAKIS OF FLORIDA ple of our predecessors. are others. Attempting to deal with a con- BEST WISHES TO ANDY JACOBS UPON HIS Embrace a simplicity of purpose that turn troversy of this magnitude is not easy. The so- RETIREMENT confusion to commitment/diversity into lution in the legislation will be disputed and ar- I rise today to pay tribute and say goodbye unity. gued. I welcome all interest groups, including to a close friend and colleague who I have And invest our effort and energy without Members of the other body, to help to solve had the honor of serving with in the House of regard for convenience or self-serving ends. this matter in the next Congress. Representatives, Andy Jacobs. We Must.—Dream of a future that honors a Section 3 of the CEAct describes the rea- Andy is one of the true gentlemen in Con- heritage of commitment. sons for Federal regulation of futures and op- gress, and has served admirably and with Value people over programs—principles great fervor since coming to Congress in over practicality. tion markets and a great deal of this section 1965. He wasted no time getting into critical And renew our faith in God as we explore is simply outdated and does not fit today's legislation, and as a member of the Judiciary the opportunities for our future together. regulatory requirements or needs. The bill Committee, helped write the historic Voting Must We.—Be ‘‘One Nation Under God substantially restates the purposes of Federal Rights Act of 1965. With Liberty And Justice For All.’’ regulation. E1898 CONGRESSIONAL RECORD — Extensions of Remarks October 1, 1996 Section 4 is amended to include specifically GAMBLING CREDIT REFORM ACT providing consumers with an additional poten- an exemption for certain professional markets tial debt of $1.1 trillion. whose participants are recognized under cur- HON. JOHN J. LaFALCE It is clear that existing credit card balances rent law. These appropriate persons are de- OF NEW YORK are already becoming too much for consumers scribed in sec. 4(c)(3) of the CEAct and in- IN THE HOUSE OF REPRESENTATIVES to handle. More people are late in making their credit card payments than at any time in clude futures commission merchants, floor Tuesday, October 1, 1996 brokers, and floor traders. In light of the ex- the past 15 years. And the American Bankers emptions afforded other professional traders Mr. LAFALCE. Mr. Speaker, I am today in- Association reported in mid-September that by the 1992 FTPA, I believe this language is troducing legislation to protect consumers, fi- credit card delinquencies had reached the consistent with congressional intent in this nancial institutions, and taxpayers from the un- highest level on record. area. warranted use of credit cards for gambling. My Allowing gamblers to use credit cards di- legislation the Gambling Credit Reform Act, rectly for gambling will only exacerbate these Sections 103 and 104 of the bill enhance would prohibit the extension of credit under trends. It will lead to greater financial strain the self-regulation of exchange institutions by any open-end consumer credit plan where a and anguish for many American families, in- providing simplified and streamlined contract creditor knows or has reason to believe that crease credit delinquencies and losses at fi- market designation and rule submission proce- such credit will be used to make a bet or nancial institutions, and contribute to potential dures. These are necessary in my view to wager, or to play any game of chance in a ca- losses to our deposit insurance system that, maintain the competitiveness of our commod- sino or other gambling establishment. conceivably, would have to be covered by tax- ity exchanges in a world that has come to un- I was appalled to read recently that the New payers. derstand the importance of risk management Jersey Casino Control Commission had ap- No responsible financial institution would on exchanges with sound, but limited, regu- proved the use of credit cards for the pur- grant a loan to an individual for the purpose of latory programs. chase of playing chips and slot tokens in casi- going to Atlantic City to gamble. But this is ex- These amendments presume a commodity nos at Atlantic City. This means that gamblers actly what we are condoning and encouraging exchange develops sound contracts with eco- who run out of cash can obtain more playing with the use of credit cards. It accentuates the nomic purposes that are widely recognized chips or tokens with the wave of their hand already serious problems of consumer debt and will be used by commercial and specula- without even leaving a playing table. Gambling and rising bankruptcies and it presents addi- tive interests for price discovery and risk-shift- industry experts see this as one of the ``most tional and unwarranted risks for financial insti- ing that have long been viewed in this country potentially dramatic'' changes in gambling in tutions. My bill will stop these developments and by the Congress as beneficial to our Na- years and one that will result in more impulse before they spread to all forms of gambling tion's economy. gambling and higher revenues for casinos. throughout the country. Section 105 of the bill seeks to improve The use of credit cards directly to make Mr. Speaker, I recognize that there is little commodity exchange audit trails without im- bets or wagers has never been permitted in chance that this legislation can be considered pairing the functions of the markets. Audit trail this country and with good reason. Allowing this year. My purpose in introducing the bill is issues date from the establishment of the gamblers to use credit cards to obtain more to give notice that there are Members of the CFTC but have been actively debated in the chips without leaving a gambling table re- Congress who consider this misuse of credit CFTC's regulatory programs since 1986, when moves one of the last remaining checks on cards to be unacceptable. I intend to refine the CFTC proposed a 1-minute, verifiable compulsive or problem gamblingÐthe need to this legislation and reintroduce a similar pro- standard. walk away to find more cash to gamble. Per- posal early next year and I hope that, upon its mitting the use of credit cards will make it sig- return, the Congress will consider this legisla- Understanding that each commodity ex- nificantly easier for problem gamblers not only tion and enact it into law promptly. change has different trade customs and sys- to bet all their disposable income, but to tap f tems unique to each institution means there into available credit lines on one or more cred- are numerous ways to obtain adequate, verifi- it cards. VETERANS’ BENEFITS able audit trails. These trade recordation sys- This is particularly troubling at a time when IMPROVEMENTS ACT OF 1996 tems have changed dramatically over the our Nation's financial institutions, and credit years, and U.S. commodity exchanges con- card banks in particular, are threatened with HON. TERRY EVERETT stantly are improving and upgrading their audit unprecedented levels of consumer debt and OF ALABAMA trail systems. The amendment seeks to de- personal bankruptcies. Consumer debt has in- IN THE HOUSE OF REPRESENTATIVES velop standards that are objective and reason- creased at double-digit rates since 1994 while able. personal incomes have stagnated. Accumu- Tuesday, October 1, 1996 Section 106 of the legislation provides bene- lated consumer debt is now estimated at near- Mr. EVERETT. Mr. Speaker, I rise today in fit-cost analysis to the CFTC's regulatory pro- ly 85 percent of the Nation's disposable in- support of the Veterans' Benefits Improve- gram. Regulation under Republican adminis- come. Consumer debt service is at a near- ments Act of 1996. This House-Senate com- trations and new law under this Republican record level of 17 percent of disposable in- promise bill contains program improvements Congress has moved us further in that direc- come and loan delinquencies are at record for several veterans benefits, and these provi- tion. There is no reason we cannot bring simi- levels. sions will make a difference in the lives of lar sound, reasonable, and fair regulation to With consumer debt continuing to grow thousands of veterans and their survivors. It is our commodity exchanges and preserve the nearly three times faster than income, it is no a bipartisan bill and I thank all the Members public interest. surprise that a record number of American on both sides of the aisle and both sides of families will declare bankruptcy this year. If the Chamber for their support. Finally, section 107 is a housekeeping mat- current trends continue, more than 1 million Section 211 would amend the statute gov- ter of interest to the Committee on Agriculture. familiesÐor 1 percent of all U.S. house- erning burial eligibility to incorporate the regu- An objective of the committee during the re- holdsÐwill file for bankruptcy this year. This latory definition of ``minor child.'' form of U.S. agriculture embodied in the Fed- represents a 26-percent increase over 1995 Section 212 would provide burial benefits for eral Agriculture Improvement and Reform Act and a bankruptcy filing rate equal to one bank- approximately 300 of the 2,500 veterans who of 1996 [FAIR Act] was to use fewer words. ruptcy filing every 2 minutes throughout the die in State nursing homes yearly, but do not The FAIR Act is literally one-half the volume of year. qualify for priority care in Veterans Health Ad- the 1990 farm bill. With that in mindÐand By almost every account, the primary con- ministration facilities. there may be further improvements laterÐsec- tributor to these problems has been what Fed- Section 213 would authorize VA to issue a tion 107 repeals section 8e dealing with CFTC eral Reserve Chairman Alan Greenspan de- voucher equal to the average cost of a grave oversight and deficiency orders. It is my un- scribed as the ``extraordinary rise'' in credit liner to survivors who elect a burial vault other derstanding that after the nearly 4 years this card issuances and debt. Outstanding credit than the national cemetery system's provided section has been law it has never been used. card debt increased 16 percent in 1995, to a grave liner. That makes it unnecessary in my view. total debt of $454 billion. However, a far great- Title four makes change to the administra- I look forward to comments on the legisla- er potential problem comes from the vast, still tive functions within the VA Life Insurance tion and working with interested parties as we untapped credit lines already granted to con- Program. Provisions include merging the Re- proceed with this necessary reform in the sumers on existing credit cards. Available tired Reserve Servicemembers' Group Life In- 105th Congress. credit lines increased by 30 percent in 1995, surance and Veterans' Group Life Insurance October 1, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1899 programs and extending Veterans' Group In- of this impressive benefits package and urge tion. It has earned him a strong mandate surance to members of the ready reserve; al- my colleagues to support the bill. from his people and firmed up his image as a lowing veterans' group-insureds to convert to Lastly, I would like to take this final oppor- strong leader, undaunted by China’s threats. tunity of the 104th Congress to publicly com- he enjoys firm United States support and a commercial policy at any time; and renaming even grudging respect from a few mainland the Servicemen's Group Life Insurance Pro- mend Chairman BOB STUMP and ranking Chinese leaders. His pragmatic diplomacy gram to Servicemembers' Group Life Insur- Member SONNY MONTGOMERY for providing the has brought Taiwan many visible and con- ance to make it more gender neutral. sound bipartisan leadership that is always evi- crete rewards. But events are also rapidly Section 502 would limit the clothing allow- dent on the VA Committee. The reputation the changing in China. No one can give an accu- ance for veterans incarcerated for more than two of you have within the veterans' commu- rate assessment about the power struggle in 60 days in a penal institution where they re- nity is stellar and one I hope to live up to. the Mainland. China shows evidence of insta- ceive clothing at no cost to them. f bility. It has numerous corruption problems Section 503 would authorize an additional and there is a power struggle among the $150,000 to the Veterans' Claims Adjudication A TRIBUTE TO PRESIDENT LEE leadership. There are conflicts between the AND TAIWAN central and provincial governments and con- Commission and extend their final report date flicts between rich and poor provinces. China to December 31, 1996. has its own daunting problems. Section 504 would establish a pilot program HON. DAVID FUNDERBURK Since pragmatic diplomacy has worked for under which contract physicians would provide OF NORTH CAROLINA Taiwan so far, there is no real reason to disability examinations to applicants for VA IN THE HOUSE OF REPRESENTATIVES abandon or radically modify it. Using For- benefits. The pilot program is anticipated to Tuesday, October 1, 1996 eign Minister John H. Chang’s counsel, speed up the examination-gathering process President Lee has gained sufficient wisdom for the adjudication of claims. Mr. FUNDERBURK. Mr. Speaker, President to deal with Taiwan’s untractable adversary: Section 505 would expand the time period Lee Teng-hui of the Republic of China is a Jiang Zemin and company in Beijing. that currently defines the beginning of the modern day giant. He is the first popularly Vietnam era from August 5, 1964 to February elected President in the history of the Republic f 28, 1961. Benefits would be granted to those of China and has introduced and implemented TRIBUTE TO THE HONORABLE eligible veterans that served in theater only a number of political reforms in Taiwan. STEVEN GUNDERSON ON HIS RE- from February 1961 thru August 1964 and In the area of his country's foreign relations, TIREMENT limit Agent Orange benefits to those who President Lee has developed official ties served from January 9, 1962. whenever possible, upgraded existing nonoffi- Section 506 would allow a surviving spouse cial relations, and sought to participate in HON. G.V. (SONNY) MONTGOMERY major organizations. In the early 1990's, Presi- to retain compensation or pension payments OF MISSISSIPPI for the full month instead of the end of the dent Lee deputized his former Foreign Minister IN THE HOUSE OF REPRESENTATIVES month before the veteran died. Fredrick Chien to devise a strategy known as Section 507 would increase the period of pragmatic diplomacy, the exercise of which Tuesday, October 1, 1996 was so successful that it culminated in Presi- time for which accrued benefits are payable to Mr. MONTGOMERY. Mr. Speaker, today I dent Lee's visit to Cornell University in June a surviving spouse from 1 year to 2 years. would like to recognize one of my good These are spouses of veterans who die while 1995. The People's Republic of China was so friends, the Honorable STEVE GUNDERSON. His their claim is being adjudicated. This provision office is just down the hall from mine and we is the result of the committee recognizing the alarmed by President Lee's visit that it staged a series of missile tests around the island, the have often passed each other in the hallways length of time it takes VA to adjudicate claims. on our way to the House floor for votes. Section 508 clarifies that a power of attor- most serious being conducted right before Tai- His time spent on the Agriculture Committee ney applies to a veterans service organization wan's Presidential elections in March 1996. and as chairman for the Dairy and Poultry as a whole unless the veteran designates one Pragmatic diplomacy paid off for President Subcommittee has not gone unnoticed. He is person specifically. Lee Teng-hui. In a paper presented at the Section 509 would allow the Board of Veter- 14th International Conference on Asian Stud- widely respected in the House for his stand on ans' Appeals to provide a copy of a decision ies at St. John's University, NY, Professor Na- agriculture issues. He worked hard to see that to a veteran or veterans' representative by any than Mao gave a detailed analysis of Presi- the 1995 farm bill that passed this year would means where delivery would be at least as dent Lee Teng-hui's visit to the United States be beneficial to all, and over the years, I have fast as it would be if mailed via the U.S. Post- and his Presidential diplomacy. I hereby sub- come to depend on the advice of Representa- al Service. mit the conclusion of Professor Mao's article in tive GUNDERSON in these matters. Section 602 would authorize the American the CONGRESSIONAL RECORD for the future ref- He has spent his 14 years in Washington Battle Monuments Commission to accept pri- erence of students of Chinese history and poli- trying to find a balance between cutting ex- vate funds to help maintain those overseas tics. penses and ensuring the future of our chil- war memorials that are transferred to their In the ever changing post Cold War period, dren. As a member of the Economic and Edu- care. Taipei has been changing with the world. It cational Opportunities Committee, he has I am very pleased with the program im- has banished its old rigid inflexibility. Main- been successful in seeing that our children re- provements we are able to offer today. During land China too must learn to bend, to change ceive an education that will help them through- its old mindset about Taiwan being a prov- out their life. these fiscally conservative times, we must not ince. Taiwan has never been under People’s forget our veterans and the sacrifices they Republic of China’s jurisdiction. So, good luck in all your future endeavors. made on our behalf. I thank the ranking mem- Lee Teng-hui’s presidential diplomacy has Washington and the House of Representatives ber LANE EVANS, for his hard work on behalf proven successful beyond anyone’s imagina- will miss you. Tuesday, October 1, 1996 Daily Digest

HIGHLIGHTS See Resume of Congressional Activity. Senate Convening Day for the 105th Congress: Senate Chamber Action passed H.J. Res. 198, appointing the day for the Routine Proceedings, pages S12045–S12147 convening of the first session of the One Hundred Measures Introduced: Four bills and four resolu- Fifth Congress and the day for the counting in Con- tions were introduced, as follows: S. 2183–2186, and gress of the electoral votes for President and Vice S. Res. 307–310. Pages S12125±26 President cast in December 1996, clearing the meas- Measures Reported: Reports were made as follows: ure for the President. Page S12093 Report to accompany H.R. 3815, to make tech- National Securities Improvement Act—Con- nical corrections and miscellaneous amendments to ference Report: Senate agreed to the conference re- trade laws. (S. Rept. No. 104–393) port on H.R. 3005, to amend the Federal securities S. 1277, to provide equitable relief for the generic laws in order to promote efficiency and capital for- drug industry, with an amendment in the nature of mation in the financial markets, and to amend the a substitute. (S. Rept. No. 104–394) Investment Company Act of 1940 to promote more Report to accompany H.R. 3198, to reauthorize efficient management of mutual funds, protect inves- and amend the National Geologic Mapping Act of tors, and provide more effective and less burdensome 1992. (S. Rept. No. 104–395) Page S12125 regulation, clearing the measure for the President. Measures Passed: Pages S12093±95 Electing Secretary of the Senate: Senate agreed to FAA Authorizations—Conference Report: Senate S. Res. 307, electing Gary Lee Sisco of Tennessee as resumed consideration of the conference report on Secretary of the Senate. Page S12046 H.R. 3539, to amend title 49, United States Code, Notification to the President: Senate agreed to S. to reauthorize programs of the Federal Aviation Ad- Res. 308, notifying the President of the United ministration. Pages S12095±S12115 States of the election of Gary Lee Sisco of Tennessee Senate will resume consideration of the conference as Secretary of the Senate. Page S12046 report on Wednesday, October 2, 1996. Notification to the House of Representatives: Removal of Injunction of Secrecy: The injunction Senate agreed to S. Res. 309, notifying the House of of secrecy was removed from the following treaty: Representatives of the election of Gary Lee Sisco of The International Convention on the International Tennessee as Secretary of the Senate. Page S12046 Maritime Organization (Treaty Doc. 104–36). Commending Kelly D. Johnston: Senate agreed to The treaty was transmitted to the Senate today, S. Res. 310, commending Kelly D. Johnston for his considered as having been read for the first time, and service to the United States Senate. Page S12046 referred, with accompanying papers, to the Commit- tee on Foreign Relations and ordered to be printed. Technical Correction: Senate passed S. 2183, to Page S12146 make technical corrections to the Personal Respon- sibility and Work Opportunity Reconciliation Act of Messages From the President: Senate received the 1996, after agreeing to the following amendment following messages from the President of the United proposed thereto: Pages S12092±93 States: Murkowski (for Daschle) Amendment No. 5424, Transmitting the report on the operation of the to provide for the extension of the Northern Great Caribbean Basin Economic Recovery Act; referred to Plains Rural Development Commission. Page S12092 the Committee on Finance. (PM–175). Page S12124 D1036 October 1, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D1037 Nominations Received: Senate received the follow- Adjournment: Senate convened at 9:30 a.m., and ing nominations: adjourned at 6:01 p.m., until 12 noon, on Wednes- Judith M. Espinosa, of New Mexico, to be a day, October 2, 1996. (For Senate’s program, see the Member of the Board of Trustees of the Morris K. remarks of the Acting Majority Leader in today’s Udall Scholarship and Excellence in National Envi- Record on pages S12146–47.) ronmental Policy Foundation for a term of four years. Page S12147 Committee Meetings Messages From the President: Page S12124 (Committees not listed did not meet) Measures Placed on Calendar: Pages S12124±25 BOSNIA Communications: Page S12125 Committee on Foreign Relations: Subcommittee on Eu- Petitions: Page S12125 ropean Affairs concluded hearings on the current sit- Executive Reports of Committees: Page S12125 uation in Bosnia, after receiving testimony from Statements on Introduced Bills: Pages S12126±29 John C. Kornblum, Principal Deputy Assistant Sec- retary of State for European and Canadian Affairs; Additional Cosponsors: Page S12129 Richard Holbrooke, First Boston Corporation, former Amendments Submitted: Pages S12129±30 Assistant Secretary of State for European and Cana- Authority for Committees: Page S12130 dian Affairs, and Diane Paul, Human Rights Watch/ Helsinki, both of New York, New York; and Susan Additional Statements: Pages S12130±46 Woodward, Brookings Institution, and John Fox, Notice of Proposed Rulemaking: Pages S12062±77 Open Society Institute, both of Washington, D.C. D1038 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 1996 House of Representatives Department of Transportation and U.S. Interdiction Chamber Action Coordinator; and public witnesses. Bills Introduced: 3 public bills, H.R. 4336–4338 f were introduced. Page H12251 Meeting Hour: Agreed that when the House ad- COMMITTEE MEETINGS FOR journs today, it adjourn to meet at 2:00 p.m. on WEDNESDAY, OCTOBER 2, 1996 Wednesday, October 2. Page H12196 (Committee meetings are open unless otherwise indicated) Private Calendar: It was made in order that the call of the Private Calendar for today be dispensed with. Senate Page H12196 Committee on Agriculture, Nutrition, and Forestry, to hold hearings to examine renewable fuels and the future secu- Quorum Calls—Votes: No votes or quorum calls rity of United States energy supplies, 9 a.m., SD–628. developed during the proceedings of the House Committee on Armed Services, to hold hearings on the im- today. pact of the Bosnian elections and the deployment of U.S. Adjournment: Met at 2:00 p.m. and adjourned at military forces to Bosnia and the Middle East, 10:30 2:09 p.m. a.m., SR–222. Committee on Environment and Public Works, Subcommit- tee on Clean Air, Wetlands, Private Property, and Nu- Committee Meetings clear Safety, to hold oversight hearings to examine the ADMINISTRATION’S DRUG POLICY Federal Emergency Management Agency response to Hur- ricane Fran, 9:30 a.m., SD–406. Committee on Government Reform and Oversight: Sub- Committee on the Judiciary, Subcommittee on Immigra- committee on National Security, International Af- tion, to hold oversight hearings on activities of the Immi- fairs and Criminal Justice held a hearing on Review gration and Naturalization Service, 10 a.m., SD–226. of Internal Administration Study Critical of the Ad- Committee on Indian Affairs, to hold oversight hearings ministration’s Drug Policy, and White House Sup- on the regulatory activities of the National Indian Gam- pression of Study. Testimony was heard from Gen. ing Commission, 9:30 a.m., SH–216. Barry McCaffrey, USA, (Ret.), Director, Office of National Drug Control Policy; Adm. Robert E. House Kramek, USCG, Commandant, U.S. Coast Guard, No committee meetings are scheduled. October 1, 1996 CONGRESSIONAL RECORD—DAILY DIGEST D 1039

Re´sume´ of Congressional Activity

SECOND SESSION OF THE ONE HUNDRED FOURTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through September 30, 1996– January 3 through September 30, 1996

Senate– House– Total Civilian nominations, totaling 339, (including 119 nominations car- Days in session– ...... 129– 118– . . ried over from the first session) disposed of as follows: Time in session– ...... 1,013 hrs., 36– 917 hrs., 3– . . Confirmed– ...... 150 Congressional Record: Unconfirmed– ...... 176 Pages of proceedings– ...... 12,044– 12,194– . . Withdrawn– ...... 11 Extensions of Remarks– ...... – 1,878– . . Public bills enacted into law– ...... 18– 98– . . Civilian nominations (FS, PHS, CG, NOAA), totaling 1,878, (includ- Private bills enacted into law– ...... 1– 1– . . ing 320 nominations carried over from the first session), disposed Bills in conference– ...... 2– 10– . . of as follows: Measures passed, total– ...... 431– 521– . . Confirmed– ...... 1,335 Senate bills– ...... 143– 42– . . Unconfirmed– ...... 543 House bills– ...... 160– 276– . . Senate joint resolutions– ...... 3– 4– . . Air Force nominations, totaling 11,165, (including 4,952 nominations House joint resolutions– ...... 10– 18– . . carried over from the first session) disposed of as follows: Senate concurrent resolutions– .... 20– 11– . . Confirmed– ...... 11,159 House concurrent resolutions– .... 24– 41– . . Unconfirmed– ...... 6 Simple resolutions– ...... 71– 129– . . Measures reported, total– ...... *259– *369– . . Army nominations, totaling 11,024, (including 2,304 nominations Senate bills– ...... 180– 8– . . carried over from the first session) disposed of as follows: House bills– ...... 63– 253– . . Confirmed– ...... 11,018 Senate joint resolutions– ...... 1– 0– . . Unconfirmed– ...... 6 House joint resolutions– ...... 1– 5– . . Senate concurrent resolutions– .... 4– 0– . . Navy nominations, totaling 7,186, (including 21 nominations carried House concurrent resolutions– .... 1– 7– . . over from the first seassion) disposed of as follows: Simple resolutions– ...... 9– 96– . . Confirmed– ...... 7,175 Special reports– ...... 14– 18– . . Unconfirmed– ...... 11 Conference reports– ...... 1– 34– . . Measures pending on calendar– ...... 267– 73– . . Marine Corps nominations, totaling 2,340, (including 8 nominations Measures introduced, total– ...... 825– 1,889– . . carried over from the first session) disposed of as follows: Bills– ...... 670– 1,495– . . Confirmed– ...... 2,339 Joint resolutions– ...... 20– 61– . . Unconfirmed– ...... 1 Concurrent resolutions– ...... 35– 102– . . Simple resolutions– ...... 100– 231– . . Summary Quorum calls– ...... 2– 1– . . Yea-and-nay votes– ...... 303– 222– . . Total nominations carried over from the first session– ...... 7,724 Recorded votes– ...... – 232– . . Total nominations received this session– ...... 26,208 Bills vetoed– ...... 0– 5– . . Total confirmed– ...... 33,176 Vetoes overridden– ...... 0– 1– . . Total unconfirmed– ...... 745 Total withdrawn– ...... 11 * These figures include all measures reported, even if there was no accom- panying report. A total of 189 reports has been filed in the Senate; a total of 421 reports has been filed in the House. D1040 CONGRESSIONAL RECORD — DAILY DIGEST October 1, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Wednesday, October 2 2 p.m., Wednesday, October 2

Senate Chamber House Chamber Program for Wednesday: Senate will consider the con- Program for Wednesday: No Legislative Business. ference report on H.R. 3539, FAA Authorizations.

Extensions of Remarks, as inserted in this issue

HOUSE Foglietta, Thomas M., Pa., E1881 Lazio, Rick, N.Y., E1887 Fowler, Tillie K., Fla., E1886 McDade, Joseph M., Pa., E1880 Barcia, James A., Mich., E1896 Fox, Jon D., Pa., E1897 McIntosh, David M., Ind., E1886 Clay, William (Bill), Mo., E1889, E1893 Frelinghuysen, Rodney P., N.J., E1886 Moakley, John Joseph, Mass., E1894 Clinger, William F., Jr., Pa., E1884, E1886 Funderburk, David, N.C., E1899 Montgomery, G.V. (Sonny), Miss., E1883, E1887, E1894, Coble, Howard, N.C., E1885 Greenwood, James C., Pa., E1882 E1896, E1899 Collins, Cardiss, Ill., E1891 Gunderson, Steve, Wis., E1884 Morella, Constance A., Md., E1888 Conyers, John, Jr., Mich., E1894 Hamilton, Lee H., Ind., E1896 Quinn, Jack, N.Y., E1892 Cunningham, Randy ‘‘Duke’’, Calif., E1888 Hastert, J. Dennis, Ill., E1889 Rangel, Charles B., N.Y., E1879, E1883 Dicks, Norman D., Wash., E1881 Hastings, Alcee L., Fla., E1885 Roberts, Pat, Kans., E1896 Dingell, John D., Mich., E1893 Hinchey, Maurice D., N.Y., E1890 Solomon, Gerald B.H., N.Y., E1895 Engel, Eliot L., N.Y., E1889 Hutchinson, Tim Y., Ark., E1891 Towns, Edolphus, N.Y., E1879, E1883 Everett, Terry, Ala., E1898 Kennedy, Joseph P., II, Mass., E1889 Waters, Maxine, Calif., E1888 Ewing, Thomas W., Ill., E1897 LaFalce, John J., N.Y., E1895, E1898

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