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

Vol. 143 WASHINGTON, MONDAY, MAY 5, 1997 No. 56 House of Representatives The House met at 2 p.m. and was THE JOURNAL nication from the Clerk of the House of called to order by the Speaker pro tem- The SPEAKER pro tempore. The Representatives: pore [Mr. NETHERCUTT]. Chair has examined the Journal of the OFFICE OF THE CLERK, U.S. HOUSE OF REPRESENTATIVES, f last day’s proceedings and announces to the House his approval thereof. Washington, DC, May 2, 1997. Hon. NEWT GINGRICH, Pursuant to clause 1, rule I, the Jour- DESIGNATION OF THE SPEAKER The Speaker, U.S. House of Representatives, nal stands approved. PRO TEMPORE Washington, DC. f DEAR MR. SPEAKER: Pursuant to the per- The SPEAKER pro tempore laid be- mission granted in Clause 5 of Rule III of the fore the House the following commu- PLEDGE OF ALLEGIANCE Rules of the U.S. House of Representatives, I nication from the Speaker: The SPEAKER pro tempore. Will the have the honor to transmit a sealed envelope received from the White House on Friday, WASHINGTON DC, gentleman from California [Mr. May 5, 1997. May 2 at 1:00 p.m., and said to contain a mes- FILNER] come forward and lead the sage from the President whereby he submits I hereby designate the Honorable GEORGE House in the Pledge of Allegiance. R. NETHERCUTT, JR. to act as Speaker pro a report on the U.S. comprehensive prepared- tempore on this day. Mr. FILNER led the Pledge of Alle- ness program for countering proliferation of NEWT GINGRICH, giance as follows: weapons of mass destruction. Speaker of the House of Representatives. I pledge allegiance to the Flag of the With warm regards, United States of America, and to the Repub- ROBIN H. CARLE, f lic for which it stands, one nation under God, Clerk, U.S. House of Representatives. indivisible, with liberty and justice for all. f PRAYER f REPORT DESCRIBING U.S. READI- The Reverend Dr. Ronald F. Chris- COMMUNICATION FROM THE NESS PROGRAM FOR COUNTER- tian, Evangelical Lutheran Church of CLERK OF THE HOUSE ING PROLIFERATION OF WEAP- America, Washington, DC, offered the ONS OF MASS DESTRUCTION— following prayer: The SPEAKER pro tempore laid be- MESSAGE FROM THE PRESIDENT Gracious God, we offer our gratitude fore the House the following commu- OF THE UNITED STATES (H. DOC. on this day full of grace, for our lives nication from the Clerk of the House of NO. 105–79) Representatives: and our health and every good; for the The SPEAKER pro tempore laid be- challenge of our work as well as the re- OFFICE OF THE CLERK, fore the House the following message sponsibility of our duty; for our friends U.S. HOUSE OF REPRESENTATIVES, Washington, DC, May 2, 1997. from the President of the United and colleagues with whom we may con- Hon. NEWT GINGRICH, States; which was read and, together verse. The Speaker, U.S. House of Representatives, with the accompanying papers without We seek Your blessing on this day Washington, DC. objection, referred to the Committee full of grace. Bless all our efforts that DEAR MR. SPEAKER: Pursuant to the per- on National Security and International can make life more comfortable, good mission granted in Clause 5 of Rule III of the Relations and ordered to be printed: health more possible, and meaningful Rules of the U.S. House of Representatives, work more available. Bless all our con- the Clerk received the following messages To the Congress of the United States: versations that they may be encourag- from the Secretary of the Senate on Friday, The National Defense Authorization May 2, 1997: That the Senate passed without ing and supportive of each person even Act for Fiscal Year 1997 (Public Law amendment H. Con. Res. 61; that the Senate 104–201), title XIV, section 1443 (Defense when outcomes may differ. passed S. 543; and that the Senate passed S.J. We pray for Your mercy on this day Against Weapons of Mass Destruction), Res. 29. requires the President to transmit a re- full of grace. Show us all mercy when With warm regards, port to the Congress that describes the what we accomplish is less than our ca- ROBIN H. CARLE, pabilities. Show us all mercy when our Clerk, U.S. House of Representatives. United States comprehensive readiness program for countering proliferation of present goals are short of Your expec- f tations. And, show us all mercy when weapons of mass destruction. In ac- we choose selfish gain over selfless giv- COMMUNICATION FROM THE cordance with this provision, I enclose ing. CLERK OF THE HOUSE the attached report. These things we do humbly ask in The SPEAKER pro tempore laid be- WILLIAM J. CLINTON. Your name, O God. Amen. fore the House the following commu- THE WHITE HOUSE, May 2, 1997.

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.

H2159 H2160 CONGRESSIONAL RECORD — HOUSE May 5, 1997 THE 50TH WEDDING ANNIVERSARY parks and streets. It works because San Diego’s chief of police, Jerry OF BEVERLY AND BOB LEWIS Neighborhood Watch establishes rela- Sanders, said the success of community (Mr. DREIER asked and was given tionships amongst neighbors and it es- policing depends on Neighborhood permission to address the House for 1 tablished partnerships between neigh- Watch. As he wrote, ‘‘Voluntary citizen minute and to revise and extend his re- borhoods and their police officers. Citi- participation in neighborhood meet- zens are trained how to watch out for marks.) ings is paramount to successfully bat- their families, monitor their neighbor- tling crime. Adoption of a tax credit Mr. DREIER. Mr. Speaker, late Sat- hoods, how to be observant and reliable would greatly enhance our efforts,’’ he urday afternoon, ABC Sports reported witnesses, and how to assist their local concluded. that on August 2, my very dear friends, police. Neighborhood Watch groups have Beverly and Bob Lewis, will be mark- Some 64 police chiefs, 12 sheriffs, 17 proven to be an effective and economi- ing their 50th wedding anniversary. It district attorneys, and 55 mayors cal approach to providing a better and was not simply because it was their an- around the country firmly believe in more secure society for ourselves and niversary, but it was the fact that they Neighborhood Watch and have endorsed our children. Giving people in Neigh- are the very proud owners of the win- the idea of encouraging participation borhood Watch groups a $50 tax break ner of the Kentucky Derby. through tax credits. will support the many citizens already Their horse, Silver Charm, won by a The mayor of Pittsburgh, PA, Mayor involved in crime prevention and en- neck. It was great for all of us to see Tom Murphy, said, ‘‘One of the ways courage more community participa- Beverly and Bob Lewis stand there the City of Pittsburgh encourages com- tion. with such enthusiasm. It is difficult to munity involvement in public safety is I ask my colleagues to support this imagine two more wonderful human through its 300-plus Neighborhood important piece of legislation. Working beings, two people who are more de- Watch Block Clubs. Linking a Federal together, and only by working to- serving of this. So, as they look toward tax credit to a citizen’s twice-a-year gether, in participation with our local their 50th wedding anniversary, it is attendance at these anti-crime meet- police, we can truly reclaim our difficult, again, to imagine a better ings in which our community-oriented streets. gift, unless it would be the Triple police officers participate will dramati- f Crown. cally strengthen this program.’’ THE QUADRENNIAL DEFENSE Over the past decade in my Congres- f REVIEW: BUDGETS sional district in San Diego, CA, we pi- SPECIAL ORDERS oneered and refined the practice of The SPEAKER pro tempore. Under The SPEAKER pro tempore. Under community-oriented policing and we the Speakers’ announced policy of Jan- the Speaker’s announced policy of Jan- have seen the difference it makes. I uary 7, 1977, the gentleman from Mis- uary 7, 1997, and under a previous order served on the San Diego City Council souri [Mr. SKELTON] is recognized for 60 of the House, the following Members for 5 years before I came to the Con- minutes as the designee of the minor- will be recognized for 5 minutes each. gress, and I worked hand-in-hand with ity leader. Mr. SKELTON. Mr. Speaker, in all of f residents to attack crime. We helped establish Neighborhood Watch groups this budget business, which has been in IT IS TIME TO TRULY TAKE BACK block by block. We went on walking the headlines, I found not one word re- OUR NEIGHBORHOODS CRIME patrols through the streets and created ferring to the budget for national secu- FIGHTING ACT support networks amongst neighbors. rity. Thus, this second of three speech- es I am making about the future of the The SPEAKER pro tempore. Under a We established what we call drug-free zones to keep dealers away from our U.S. military is not only appropriate, previous order of the House, the gen- but timely. This afternoon, I will ad- tleman from California [Mr. FILNER] is schools. And we organized a graffiti pa- trol to clean up our neighborhoods and dress whether projected defense budg- recognized for 5 minutes. ets are sufficient to support the mili- Mr. FILNER. Mr. Speaker and my restore pride in our community. Most importantly, we worked di- tary strategy that is emerging from colleagues, today I introduced a bill rectly with local police to create inno- the Quadrennial Defense Review or which I call Taking Back Our Neigh- vative crime-fighting strategies. QDR the reassessment of defense policy borhoods Crime Fighting Act. This is Teams of police officers walked our that the Defense Department is due to to bolster our Nation’s crime-fighting streets, our schools and our neighbor- provide to Congress on May 15. In the efforts and to encourage citizens to get hoods. They got to know the neighbor- first speech, I discussed the principles involved in crime prevention. The only hoods they protected and the people in that should shape U.S. military strat- way that we can, in fact, lower our them. They talked to residents, and egy in coming years. In the final crime rates dramatically, citizens in- residents knew exactly who to call if speech, I intend to consider how we are volvement. they saw someone in trouble. They treating our people—the men and I am joined by the cochairman and 6 knew the names of the officers. They women in the Armed Forces and the ci- members of the Law Enforcement Cau- had their beeper numbers. They had vilian personnel who support them. cus. More importantly, this legislation their confidence. And we brought crime CONSTITUTIONAL ROLE OF CONGRESS is backed by over 200 police chiefs, rate down. As I remarked in my first speech on sheriffs, district attorneys, community Efforts all over the country like this these topics, I intend to begin each groups and elected officials, including have been successful. During the last 3 statement by reiterating a simple mayors of cities big and small, from years in San Diego, we have seen an point under the Constitution, it is Con- across the country who supported this overall reduction of 36 percent in the gress’ responsibility to ensure that the bill in the last Congress. crime rate and almost 50 percent de- size and composition of U.S. military The Taking Back Our Neighborhoods crease in robberies, homicides and bur- forces are sufficient to provide for the Crime Fighting Act would give a $50 glaries. common defense. I referred to article 1, tax credit to people actively involved Most importantly, those who are in- section 8 of the Constitution. Histori- in Neighborhood Watch groups and volved in Neighborhood Watch, my cally, Congress has often failed in this other organizations committed to the constituents who work with the local responsibility. As a result, the United reduction of local crime, active in- police, feel stronger, they feel empow- States has repeatedly been unprepared volvement in Neighborhood Watch ered, they feel less alienated, they feel for the military challenges it has groups. a sense of community, and they knew faced. The price for this unprepared- I am proposing this tax credit be- that a difference had been made in ness has been paid in the blood of cause Neighborhood Watch works. It is their own neighborhoods. But we still young men and women in the Armed the most effective crime reduction pro- have a long way to go to feel safe in Forces. I fear in the future that the gram available to our communities. our homes and our streets. Encourag- price will be even greater. At the very Throughout the country, Neighborhood ing people in Neighborhood Watch least, I fear, our security will erode be- Watch groups have made people feel group participation will help us protect cause we will no longer have the safer and more secure in their home, our families. strength to keep smaller scale conflicts May 5, 1997 CONGRESSIONAL RECORD — HOUSE H2161 from weakening international stabil- such very modest real growth in de- bulence in the force that has been such ity. And at worst, I fear, major new fense spending is necessary to maintain a burden on our people will never end. threats will evolve in the future that a well-equipped, high-quality, well- And, in the long run, we will see a slow, would not have developed if we had trained force. At that level of spending, steady, but almost imperceptible ero- maintained our strength. the defense budget would represent less sion in our military capabilities until, My fellow Missourian, Harry S Tru- than half the burden on the economy it eventually, our forces are not present man, made the point clearly: We must did at the end of the cold war, and it in key regions of the globe, we give up be prepared to pay the price for peace, would decline over time. This, to me, on responding to important threats to or assuredly we will pay the price of would be a disproportionately small the peace, and we encourage others to war. I believe that Harry Truman’s as- price to pay for the benefits we derive challenge our eroding strength in key sessment is no less true now than when from having a force that can maintain regions of the globe. he spoke those words. Once again, how- a significant, visible U.S. military THE NEED FOR GROWTH IN DEFENSE BUDGETS ever, as so often in the past, the U.S. presence abroad, respond to crises Congress appears unwilling to pay the To me, it is terribly ill-advised for across the whole spectrum of conflict, the Defense Department to attempt to price of peace. Since the mid-1980’s, the and prepare for advanced technological Department of Defense budget has de- plan on the basis of flat budgets for the challenges in the future. foreseeable future. Indeed, until re- clined by 40 percent in real, inflation- Instead of trying to bolster public cently, the Defense Department rightly adjusted dollars. Funding for weapons and congressional support for so mod- insisted that modest growth was nec- procurement has declined even further est a defense burden, however, the ad- essary in the long term. As recently as by 67 percent since 1985. Today we are ministration, supported by the con- a year ago, I recall Secretary of De- spending just one-third as much on new gressional leadership, has decided to fense Perry telling the National Secu- weapons as we did in the mid-1980’s. try to support its defense strategy with rity Committee how the Defense De- I do not believe that these levels of budgets that start out two sizes too partment planned to reverse the de- spending can be tolerated without small and will become tighter and cline in weapons procurement that I re- critically weakening our military ca- tighter as the years go by. As I pointed ferred to earlier. Funding to recapital- pabilities. And yet, there is all too lit- out last week, the strategy that the ize the force, he said, would come from tle support for restoring even modest Defense Department is articulating in three sources: First, the four rounds of rates of growth in military spending. the QDR is appropriately broad and de- military base closures that had cost On the contrary, the budget plan that manding. It calls for forces able to money in the past would soon begin to the administration presented earlier shape the international security envi- achieve savings, and the entire incre- this year projected that defense spend- ronment, respond to the full range of ment would be used to boost procure- ing would continue down in fiscal year challenges to our security, including ment funding; second, savings from ac- 1998 and then, essentially, level off in two concurrent major theater wars, quisition reform, though not assumed real terms. The budget agreement that and prepare for potential future in the budget, would also be allocated was announced last Friday calls for in- threats. This strategy is rightly more to procurement; and, third, modest adequate levels for defense across the ambitious than the strategy that was growth in defense spending that was board—both in budget authority and laid out in the Bottom-Up Review of then projected in Administration budget outlays. Even more impor- 1993. The QDR strategy is an improve- plans, would also go for weapons mod- tantly, for long-term planning pur- ment because it explicitly takes ac- ernization. All three sources, he said, poses, the Quadrennial Defense Review count of the fact that activities short are necessary to recapitalize. is being carried out on the assumption of major theater war have imposed that defense budgets will be frozen at great strains on our current forces and Well, that was just a year ago. Now, about $250 billion per year, in constant have to be taken into account in shap- the story is, we will recapitalize the prices, as far as the eye can see. The ing forces for the future. force, how? Also with savings from military services have been required to I do not see how it will be possible to base closures and improved ways of plan, therefore, on the assumption that support such a strategy with a force doing business but not with modest in- any real growth in costs will have to be smaller than the force designed to sup- creases in the budget. Instead, the De- offset by reductions in programs—and, port Les Aspin’s Bottom-Up Review—a fense Department is being driven to as I will argue shortly, I believe that strategy that sized the force simply to make reductions in force levels in growth in costs is unlikely to be avoid- deal with two major regional contin- order to meet targets for increasing ed in the military. gencies. The new strategy, as I said, is weapons procurement. But without a THE PRICE OF PEACE IS SMALL rightly more demanding. And yet, by resumption of some growth in the fu- The reluctance to support modest all accounts, in the QDR, the civilian ture, where will this process end? And growth in defense spending is all the leadership of the Pentagon is mandat- how much can we count on savings more tragic because it is so unneces- ing reductions in forces in order to find from infrastructure reductions, sary. Looked at from any reasonable, savings with which to finance a very outsourcing, inventory cuts and other long-term perspective, the price of modest increase in funding for weapons efficiencies to substitute for the peace today is extraordinarily small. In modernization. growth in spending that was previously 1997, the defense budget amounts to 3.4 The reason for this inconsistency be- in the plan? percent of gross domestic product. tween strategy and plans is not far to Historically, we have not been able Under the new White House-congres- seek—the QDR is being driven by budg- to support a force of a given size with sional budget plan, it will decline to 2.7 ets, not by strategy. Force cuts, prob- flat defense budgets. A couple of years percent of GDP by 2002. As recently as ably proportional reductions imposed ago, the Congressional Research Serv- 1986, defense spending was over 6 per- on each of the services, have to be con- ice did a study which simply measured cent of GDP, and even at its lowest sidered because budgets will not sup- the trend in defense spending relative level in the mid-1970’s, it was about 5 port existing force levels, while allow- to the size of the force from fiscal year percent. As a share of the Federal ing any room to increase weapons fund- 1955, just after the Korean war, pro- budget, defense spending has declined ing. jected through the year 2000 under the even further and faster defense is now Now it would be one thing if the cuts administration plan. It found that de- 16 percent of the Federal budget, down in forces being driven by budgets were fense budgets have, on average, grown from 25 percent in the mid-1970’s and a onetime deal. That would be bad by about 1.7 percent per year in real, 1980’s, and down from 42 percent as re- enough. My concern is that the effort inflation-adjusted prices per active cently as 1970. to maintain even a slightly smaller duty troop. Suppose we were to allow military force with flat budgets will lead to a For defense budget analysts, this is spending to decline to, say, 3 percent of perpetual cycle of budget shortfalls, not a surprising finding. Some of you GDP and then grow at no more than 1 cuts in weapons programs, reductions may recall in the late 1970’s the debate or 2 percent in real terms each year in maintenance and training, and pres- over whether to increase defense spend- thereafter. As I will argue shortly, sures to cut forces yet again. The tur- ing by 3 percent per year. The premise H2162 CONGRESSIONAL RECORD — HOUSE May 5, 1997 was that defense budgets should in- our military strength. Modest, steady, Iranian levels of military spending is crease in real terms over time for sev- sustainable rates of real growth in irrelevant. The only real issue is what eral reasons. For one thing, in order to military spending are necessary to are the threats and what U.S. posture keep quality people in the force, the maintain a well-equipped, well-trained, is needed to deal with them. quality of life in the military has to high-quality force of a size large A second common argument for cut- keep pace with the quality of life in the enough to carry out the U.S. military ting U.S. defense spending is that the civilian sector. So pay, housing expend- strategy and protect U.S. national se- United States today is spending about itures, facility maintenance accounts curity. as much on defense in inflation-ad- and other related activities have to in- HOW NOT TO THINK ABOUT DEFENSE SPENDING justed dollars as it did, on average, crease with the overall growth of the Now, for some of my colleagues, that during the cold war. The implication is economy. Second, we have found that the notion that defense spending clear—now that the cold war is over, modern, advanced weapons grow in should grow over time must seem rath- we should be able to spend less. The cost from one generation to the next. er alien. In fact, my conclusion that flaw in this argument is one I have al- According to a recent report on thea- defense budgets should increase follows ready discussed. To maintain forces of ter, or tactical fighter, aircraft pro- straightforwardly from clear thinking a given size costs more over time be- grams by the Congressional Budget Of- about defense. The only proper way to cause of the need to improve the qual- fice, each generation of aircraft typi- decide how much to spend on defense ity of life, pursue more advanced tech- cally doubles in price, in real terms, is, first, to begin by deciding on a mili- nology, and operate more sophisticated compared to the generation that went tary strategy that will ensure our secu- weapons. The fact is, we have cut the before. So budgets should grow to allow rity, second, to determine what size size of the force substantially since the the military services to take advantage force is needed to support the strategy, end of the cold war. In 1987, the active of evolving technology. Finally, al- and then, finally, to calculate what re- duty force level was about 2.1 million. though the services have always hoped sources are needed to ensure the qual- Today, it is about 1.4 million—about that new weapons would be more reli- ity of the force. But all kinds of other, one-third less. A force of that size un- able and cheaper to operate and main- extraneous arguments about defense derstandably should cost more than a tain than the generation that went be- spending get in the way of this clear larger force 25 or 30 years ago—but it is fore, this has never turned out to be line of thought. nonetheless substantially smaller and the case. Since weapons necessarily are One common argument against de- less costly than a force of the size that designed to maximize performance, op- fense spending is that potential en- would be necessary if the cold war had eration and maintenance costs typi- emies today appear to spend so much continued. cally grow in real terms. less than the United States. The impli- HOW MUCH IS ENOUGH? Now if the Defense Department be- cation is either that threats are not so So if those are some of the ways not lieves that these long-term trends in great as our planning assumes, or that to think about defense spending, how the costs of doing business have the U.S. military should be able to should we think about it? How much is changed, then they should explain the maintain its strength with much less enough for national defense? Mr. reasons why. For my part, I cannot see money. The flaws in such reasoning are Speaker, 2 years ago, I prepared an al- how these trends would be reversed. On legion. For one thing, potential en- ternative defense budget that I be- lieved at the time was adequate to the contrary, a number of factors emies simply have to be strong in only maintain U.S. military strength over ought to make it more difficult to one area of military capability in order the next 5 years. It called for spending limit cost growth. We have not, for one to challenge stability in their own re- about $45 billion more on defense than thing, been able to reduce the size of gions. Possible challenges to U.S. secu- the administration was projecting at the defense infrastructure in propor- rity, however, come from so many dif- the time. I still think that alternative tion to cuts in the size of the force, and ferent directions and in such a wide va- budget is wise. I am very doubtful the Congress will riety of forms that the United States Today, however, I want to talk a bit approve another round of base closures must maintain strong military capa- more broadly about the principles that in the near future. So we have to main- bilities of all types. Second, the U.S. the Congress should apply in fulfilling tain a relatively large support struc- military is not in the business of being its responsibility to decide how much ture, which drives up costs relative to barely stronger than the Iraqs of the is enough. the size of the force. Second, we are world. As General Shalikashvili has First, I do not believe that we should trying, in at least some parts of the said repeatedly, we had military domi- cut force levels further. I am disturbed force, to use technology to substitute nance in the Persian Gulf war, we liked by reports that the QDR may include a for force size so the capital invest- it, and we want to keep it. decision to reduce total defense end- ments required will be relatively large More fundamentally, however, it is strength by as much as 144,000 individ- compared to the size of the force. More- not enough for those who want to cut uals. To me, such reductions would be over, with an all-volunteer force, it is U.S. military spending to cite how destructive and dangerous. They would more important than ever that the much possible enemies spend. Instead, be destructive because they would quality of life be protected. In recent those who call for cuts ought to be able break faith with the men and women years, we have been skimping on mili- to identify aspects of U.S. military who serve in the Armed Forces. As I tary pay raises; much military housing strength that they would give up. If the noted just a few minutes ago, we have is in terrible condition and we have argument is that North Korea is not as already gone through a defense only belatedly begun efforts to improve great a threat as U.S. military plans drawdown that has reduced active duty it; we have deferred maintenance of assume, for example, because North force levels by about one-third. This military facilities for many years, and Korea spends so little, then let us con- drawdown has imposed an immense the backlog of requirements will inevi- sider whether to weaken the U.S. mili- burden on military personnel. It has tably catch up with us; and we have tary posture in Korea. Looked at that meant that people have had to change projected savings in military health way, however, the argument is harder jobs much more often than would have care costs that will be extraordinarily to sustain. Whatever North Korea been necessary if force levels were sta- difficult to achieve. Finally, require- spends, our intelligence assessments ble, because people have had to be ments that the military comply with tell us how threatening their military moved around to replace the larger environmental regulations and with capabilities are, and anyone who looks number of people who were leaving. It health and safety norms are increasing closely at the situation is aware of how has imposed an immense strain on the costs in the Defense Department as in much damage North Korean forces military education and training sys- every other part of the society. could wreak even if confronted by tem, and often people have started new So the requirement that the military strong United States and South Korean jobs without complete training. It has services plan on the basis of flat budg- troops. Few, therefore, would want to made the military personnel system ets is a prescription for perpetual encourage aggression by weakening our rather brutally competitive—many underfunding of long-term defense re- deterrent posture in Korea. So an argu- military personnel have complained to quirements and the steady erosion of ment based on North Korea, or Iraqi, or me that the pressure to force people May 5, 1997 CONGRESSIONAL RECORD — HOUSE H2163 out means that any single mistake will calculations, we need to increase air- (1430) cost a good soldier his or her career. craft procurement by at least 400 per- Mr. WOLF. Mr. Speaker, President Military planners have a term of art cent to get to the right level. Ronald Reagan was a champion for for all of this—they call it turbulence Similarly for the Navy—the Navy human rights in the Soviet Union and in the force. In fact, it has meant a now needs a minimum of about 350 bat- Eastern Europe. He spoke up in defense good deal of turbulence in peoples tle force ships. If we assume an average of freedom and democracy. He raised lives. In my view, the good people who service life of 35 years, we need to buy the cases of dissidents during the high- serve in the Armed Forces have suf- 10 ships a year. Lately we have been level meetings with Soviet officials. He fered through this turbulence for long buying four or five. So we need to dou- made passionate and eloquent speeches enough. For years we have told them ble shipbuilding budgets to get back to outlining America’s values, but he en- that the problems that attended the a steady state replacement rate. gaged forthrightly and he backed up drawdown would ease once the reduc- Add to those increases, the need to engagement with action. tions were over. We told them to hang increase spending modestly each year We all remember his famous 1983 in and that things would get better. I in order to exploit new technology. speech to the National Association of do not believe it is right to ask these Suffice to say, $60 billion a year won’t Evangelicals in Orlando, FL. It was people to go through yet another pe- do it. So the next question is, what are then that he called the Soviet Union riod of such turbulence. To start an- we giving up by not modernizing as the Evil Empire. That courageous other drawdown on top of the one just fast as we probably should, and how are speech, ridiculed by some as too bellig- completed is to break faith with the we going to adjust to the shortfalls? erent, was a decisive moment in Amer- people who serve. We may be able to keep some equip- ican history and a decisive moment in I also think that we cannot afford to ment going longer by pursuing up- the cold war. reduce force levels for strategic rea- grades instead of new systems. We may In that speech, President Reagan sons. All of the services are being be able to limit cost growth between says, and I quote, he said, it was C.S. strained to the breaking point by the generations of new weapons by careful Lewis, who, in his unforgettable multiple requirements imposed on attention to cost—as the services plan Screwtape Letters wrote, ‘‘the greatest them by the demands, first, to be for the Joint Strike Fighter. But all of evil is not done now in those sordid trained and ready for major wars and, these adjustments come at a price in ‘dens of crime’ that Dickens loved to second, meanwhile, to be engaged in reduced military strength. The com- paint. It is not even done in concentra- the multiplicity of smaller operations promises should be kept to a minimum. tion camps and labor camps. In those The third principle is that we should which have proliferated since the end we see its final result. But it is con- not allow military readiness to decline. of the cold war. Already the Army is ceived and ordered, moved, seconded, On this issue, I am skeptical about short about 40,000 slots in support posi- carried and minuted, in clear, carpeted, DOD budget plans that show operation tions. This has meant that operations warmed and well-lighted offices, by and maintenance costs declining in the in Haiti or Bosnia, for example, require quiet men with white collars and cut future relative to the size of the force. that support personnel be taken out of fingernails and smooth-shaven cheeks Some savings, to be sure, may be who do not need to raise their voice.’’ units that are not deployed abroad in achieved from base closures and other order to fill out units that are being He went on to say that, well, because changes in ways of doing business. But these quiet men do not raise their deployed. The remaining support per- it is unrealistic to expect training sonnel then have to do twice the work voices, because they sometimes speak costs to decline or to plan on reduced in soothing tones of brotherhood and they should. Now we are talking about maintenance costs of major weapons. further thinning Army ranks, which, peace, because, like other dictators be- Fourth, and finally, while I do be- fore them, they are always making, inevitably will make these shortfalls lieve that some savings can be even worse. quote, their final territorial demand. achieved by improving DOD business So some would have us accept them at FOUR GUIDING PRINCIPLES practices, I am very skeptical about We should be guided by four prin- their word and accommodate ourselves claims that very large savings can be to their aggressive impulses. But if his- ciples: achieved. It may be true that there is First, I do not believe we should re- tory teaches anything, it teaches that waste in defense business practices— simpleminded appeasement, where duce force levels further. but waste is not a line item in the The second principle is, increase wishful thinking about our adversaries budget that can easily be eliminated. I is folly, it means the betrayal of our weapons investments enough to get am very concerned that proponents of back to a steady state replacement past and the squandering of our free- revolutionary changes in government dom. rate for major items of equipment. A procurement practices are vastly over- key goal of the QDR, reportedly, is to Mr. Reagan went on to say, while stating the savings that can be made. America’s military strength is impor- find funds to increase weapons procure- IN CONCLUSION ment substantially—the target that tant, let me adhere that I have always Mr. Speaker, these four principles— maintained that the struggle now has been set for several years is $60 bil- maintain force levels; increase weapons lion a year for procurement. This will going on for the world will never be de- modernization funding substantially; cided by bombs or rockets, by armies require an increase of about one-third protect military readiness; do not over- from current levels—for the past cou- or military might; the real crisis we state savings from improved business face today is a spiritual one. At its ple of years, we have spent about $45 practices—force me to conclude that root it is a test of moral will and faith. billion on procurement. I hope that the currently projected levels of defense I believe we shall rise to the challenge, QDR will get there—though not at the spending are not enough. And as the he said. I believe that communism is cost of cuts in the size of the force. I years go by, if defense spending is fro- another sad, bizarre chapter in human am doubtful, however, that $60 billion a zen at the current inadequate level, I history whose last pages even now are year will be enough. fear that we will see the erosion of U.S. To explain my doubts, it will take a being written. military strength and, as a direct re- ‘‘I believe this because our source of little arithmetic. Currently, between sult, the slow decline of U.S. global strength in the quest for human free- them, the Air Force and the Navy have leadership. dom is not material but spiritual, and about 3,000 fighter aircraft in their in- f because it knows no limitations, it ventories—about 2,000 in the Air Force must terrify and ultimately triumph and 1,000 in the Navy. If we assume a 20 MOST-FAVORED-NATION STATUS FOR CHINA over those who would enslave their fel- year average service life for fighters— low men.’’ which is getting pretty long-in-the The SPEAKER pro tempore. Under tooth—then, on average, we have to the Speaker’s announced policy of Jan- b 1445 buy 150 aircraft a year to maintain a uary 7, 1997, the gentleman from Vir- I do not know and it would be unfair steady-state replacement rate. For the ginia [Mr. WOLF] is recognized for 60 for me to say how President Reagan past few years, we have bought about minutes as the designee of the major- would have voted today on most fa- 28–42 fighter aircraft a year. So, by my ity leader. vored nation trading status for China. I H2164 CONGRESSIONAL RECORD — HOUSE May 5, 1997 do know, however, that he opposed the people in the house church, the nounced policy of January 7, 1997, the MFN for the Soviet Union while people Muslims who are being persecuted in gentleman from California [Mr. of faith were being persecuted and the northwest portion of China, these DREIER] is recognized for 50 minutes, human rights were being grossly vio- are the losers suffering at the hands of the balance of the time, as the designee lated and the Soviet Union was a mili- dictators. of the majority leader. tary threat to the United States. Presi- I want today’s victims of Mr. DREIER. Mr. Speaker, I have dent Reagan engaged with Soviet lead- authoritarianism to hear on Voice of taken this time out to talk about the ers, but he did not grant them MFN. America and Radio Free Asia that the historic budget agreement which was Today in China people of faith, par- United States is still standing by those completed just this past week and to ticularly those who choose to worship principles. Should I ever get the oppor- say that I have some grave concerns outside government control, are now tunity to visit the prison or the laogai about it. being persecuted. Catholic priests are where Wei Jingsheng and Bao Tong and I, of course, wish very much that we in jail, Catholic bishops are in jail, Wang Dan and others who have been had been able to take on the issue of Protestant pastors are in jail, Buddhist arrested, and Bishop Su Chimin, who entitlements. I wish we could have monks and nuns are in jail, churches was beaten by police with a board until taken on the proposal to eliminate are raided, monasteries in Tibet are it broke in splinters, or Pastor Liu some Cabinet-level agencies. Of course, raided, and all the key leaders of the Zhenyiang, nicknamed the ‘‘heavenly I wish that we could have brought democracy movement are jailed, and man’’ for surviving a 70-day fast in pro- about broader tax cuts to stimulate job many others are harassed and closely test for his persecution, where they are creation and economic growth. As my watched by the Chinese Government. being held, if I ever get into those pris- friend, the gentleman from Missouri, President Reagan also opposed MFN ons I want them to say, ‘‘We knew, we said in his remarks a few minutes ago, for the Romanian Ceausescu-led Com- knew that the United States stood for I wish we could have had better num- us.’’ munist government in Romania, and as bers in the area of our national secu- The words of freedom and democracy we know, he signed the legislation tak- inherently fly in the face of dictators rity. Having said that, Mr. Speaker, I have ing away the most-favored-nation trad- and cause them to brand all its adher- concluded that this agreement is his- ing status, MFN, for Romania in 1987. ents as nationalist or imperialists, but These acts, acts like President the words ‘‘freedom’’ and ‘‘democracy’’ toric. It is very important for us to Reagan took, these acts do not go un- are the words that bring hope to the proceed with it. Obviously, if we had noticed by the world. The Soviet people thousands around the world who do not reelected a Republican Congress and knew and the Romanian people heard enjoy these precious liberties. We must elected a Republican, Bob Dole, as the evil empire speech and the news of use every means at our disposal to President of the United States, the revocation of Romania’s MFN on the make them a reality. agreement would look much different Voice of America, and they knew that Mr. Speaker, I saw a portion of a poll than it does today. From my perspec- someone cared. that was taken by the Wall Street tive it would look much better than it In 1989, the gentleman from New Jer- Journal and NBC, by the two pollsters does today. But it is important that we sey, Mr. CHRIS SMITH, and myself vis- Hart and Teeter, one a Democrat and face the reality of governing. ited Perm Camp 35, the last gulag in one a Republican. In the May 1 poll Last November the American people the Soviet Union, which was in the that was reported in the Wall Street chose to reelect a Republican Congress Ural Mountains. Many of the political Journal, this is what the question was. for the first time in 68 years, and they prisoners whom we met with told us The question was: Should China im- also chose to reelect Bill Clinton as they knew of President Reagan’s ef- prove human rights status or lose cur- President of the United States. So that forts and it gave them hope. Even in rent trade status? obviously created the situation where one of the darkest places in the Soviet This, Mr. Speaker, is what the Amer- we had to do what we could to come to totalitarian system, these prisoners ican people said. The American people some sort of consensus. It is for that knew of President Reagan’s support for said, on the question maintain good reason that I believe that while not human rights and religious freedom. It trade relations, 27 percent; demand perfect, and I do not like every aspect gave them hope that someone was human rights policy changes, 67 per- of it, this is probably the best agree- brave enough to stand up to the dic- cent. So 67 to 27 percent, the American ment that could be struck. tators. It gave them hope that someone people stand on behalf of being tough Why? Because it does focus on our was brave enough to stand up for free- on human rights. principal goals of trying to gain con- dom. I knew the American people would trol of this behemoth, the Federal Gov- Today, what kind of message are we stand that way. The question is will ernment, heading us down the road to- sending to the men and women in the Congress stand that way, and will ward a balanced budget and at the China who are longing and hoping that this administration stand that way. same time reducing the tax burden on someone will speak up for them? Bring- Even if the administration does not working Americans. So if we take all ing democracy to China must start stand that way, and the indications are those things into consideration, while with supporting those who are working that this administration will not stand not enough, they clearly are steps in for a democratic form, and I believe re- that way, the Congress should stand the right direction. voking MFN is the first but not the that way. The House of Representa- I am most pleased that an item only step in that process. tives should stand that way. Uncondi- which I have been focusing on for a I want, as a Republican Member of tional MFN is not working. There is number of years and which I intro- the House, I want the Republican more repression in China today than 3 duced on the opening day of the 105th Party to be faithful to the principles of years ago when President Clinton Congress is, I hope, going to be part of Lincoln and Reagan and stand up for delinked trade from human rights. Let the basis from which we move ahead us cease our wishful thinking that this more than just trade. The GOP should with this budget agreement. I am talk- stand up for the rights of people in- is the best course. Let us let the Chinese people who are ing, of course, about reducing the top stead of only the rights of business. I suffering at the hands of dictators—de- rate on capital gains. support free trade. I have been a voter On the opening day of the 105th Con- mocracy activists, Christians, Tibet- in this Congress for free trade. But I ans, Muslims, Buddhists, and others— gress, I and several of my colleagues, in am concerned that trade has become let them know that the United States fact three Democrats and one other Re- the sole focus of our foreign policy in stands with them, and let us send a publican, joined with me introducing China and the quest for dollars stifles strong message by voting to revoke H.R. 14. We selected the number H.R. 14 all other considerations or attempts to MFN in the House of Representatives. because what we do is we take the top influence change. rate that now exists of 28 percent on The losers are those suffering at the MIDDLE-INCOME AMERICANS NEED capital gains and we reduce that to a hands of the dictators. The Catholic A CAPITAL GAINS TAX CUT top rate of 14 percent. priests, the Catholic bishops, the Bud- The SPEAKER pro tempore (Mr. I was joined by Democrats, the gen- dhist monks, the evangelical pastors, NETHERCUTT]. Under the Speaker’s an- tlewoman from Missouri, KAREN May 5, 1997 CONGRESSIONAL RECORD — HOUSE H2165

MCCARTHY, the gentleman from Vir- Here is an example, Mr. Speaker, of a as they realize some kind of apprecia- ginia, JIM MORAN, and the gentleman family that may be, in the eyes of tion on their capital investment be- from Texas, RALPH HALL, and my Re- some, very rich. They are dairy farm- cause of inflation. publican colleague who sits on the ers who have struggled, and yet the Also I should state that if we look at Committee on Ways and Means, the capital gains tax is going to jeopardize the priorities that we have in dealing gentleman from Pennsylvania, PHIL the future of their 5-year-old child and with this issue of capital gains, what is ENGLISH, and the five of us introduced this family’s plan for retirement. it that we want to do? We want to en- this measure on the opening day. Another example of a middle-income courage economic growth. We want to I am very happy to report, Mr. family that needs a capital gains tax do everything that we possibly can to Speaker, that with the cosponsorship cut is for a family that is looking to increase the take-home pay of working of my chief colleague, the gentleman sell rental property to support an 85- Americans, and, of course, we want to from California, MATTHEW ‘‘MARTY’’ year-old mother. balance the Federal budget. MARTINEZ, who represents the same re- There are some in this Congress and b gion as I in southern California, we 1500 some out there who say you cannot now have over 140 Democrats and Re- This letter, Mr. Speaker, goes as fol- talk about reducing the tax on capital publicans who have joined as cospon- lows: and at the same time be serious about sors of H.R. 14. My wife and I, both retired, are responsible your quest for a balanced budget. We We have heard lots of figures over the for the care and well-being of my 85-year-old also, as we looked at this balanced last few days as to exactly where we mother-in-law. She is a widow, suffers from budget agreement that has come out can go on this reduction of capital Alzheimer’s disease, needs round-the-clock over the past several days, have looked gains, and we still have a few care and pays a substantial tax on her Social at the cost of cutting the top rate on naysayers out there who will continue Security income. She has been living on the capital gains taxes. income from some very modest residential to argue that reducing the top rate on rentals. We are no longer able to operate Well, according to the Congressional capital is nothing but a tax cut for the those rentals profitably and have to sell. If Budget Office, the projection of the rich. But every shred of empirical evi- capital gains taxes were indexed and left at cost, which I do not buy by any means, dence that we have, Mr. Speaker, the rate they were when the property was is about $44 billion. Now, if we look at proves to the contrary. purchased, right around 15 percent, she could every bit of empirical evidence that we In fact, 40 percent of the capital just barely continue in her current situation. have had throughout this entire cen- gains realized in this country are real- Now, the difference between whether my tury, every time we have reduced the ized by Americans who earn less than mother-in-law will be able to get along on tax rate on capital what has happened? the proceeds from her previously purchased $50,000 a year. We continue in our office assets or be obligated to rely on Medicaid or It has not cost the Treasury anything. to get letter after letter from people some other forms of Government assistance It has not cost $44 billion, as the CBO all over the country who are middle-in- will be determined by how much will be has estimated. come wage earners writing to us about taken away from her by the capital gains What has happened? We have seen a how important it is to reduce that top tax. This is not a rich versus poor propo- dramatic increase in the flow of reve- rate on capital. sition. The amount of tax taken from the nues to the Federal Treasury, going all I would like to share just a couple of proceeds of her hard-earned rental property the way back to 1921, when Treasury those letters with my colleagues, Mr. will affect her lifestyle, will affect what Secretary Andrew Mellon, in the War- Speaker. First, this letter came from a other taxpayers will have to contribute to ren G. Harding administration, brought her care, will affect the quality of her retire- middle-income family that needs cap- ment years and the retirement years for my about a reduction of the tax on capital. ital gains tax cuts to use the proceeds wife and for me and my daughter’s college What happened? We saw a dramatic from the sale of farm property to re- options. increase in the flow of revenues to the store savings that largely had been lost So once again, Mr. Speaker, here is a Treasury through the roaring twenties. to farm losses. clear example of this not being the rich We also have to look back at the Ken- Let me read parts of this letter, Mr. versus poor or us versus them, class nedy tax cuts. In 1961, there was not a Speaker: warfare argument. Reducing the top cost to reducing the top rate on cap- ‘‘We will soon be married 35 years. rate on capital gains will in fact have ital. What happened was, we saw an in- We have three grown children and a 5- a beneficial impact for middle income crease in the flow of revenues to the year-old. After 20 years of marriage we wage earners. Treasury. had saved enough money to be able to But let us look even further than More recently, in 1978, the famous buy a dairy farm we bought for a total that. As we look at the stated goals of Steiger capital gains tax rate reduc- of $270,000, and we still had a little over a capital gains tax cut, we know that tion, we saw, for the years between $100,000 in the bank for a rainy day. not just middle income wage earners 1979, when that rate reduction went ‘‘Fifteen years later we owe $160,000 but top Government officials, including into effect, and 1987, when we saw an and have $1,500 in the bank. We have the Chairman of the Federal Reserve increase in the capital gains tax, we used everything that we had saved try- Board, have stated that the ideal tax saw a 500-percent increase in the flow ing to make that farm work. We have on capital would be zero, not 14 per- of revenues to the Federal Treasury, an opportunity now to sell our farm,’’ cent, the middle ground that we are of- from $9 to $50 billion coming in from and I will go through the figures that fering with H.R. 14, but in fact it would that period of time. And then we saw, are here: selling price, $275,000; $25,000 be zero. in 1987, a concurrent drop in the flow of for equipment; $60,000 for 85 head of In fact, before the Senate Committee revenues to the Treasury when the tax cattle; and the total of the sale pro- on Banking, Housing, and Urban Af- rate on capital gains was increased. ceeds would be $360,0000. We also have to look at studies that fairs, Alan Greenspan, Chairman of the That debt which they referred to in have been done most recently of our Federal Reserve Board, said, the letter of $160,000 obviously would package. The Institute for Policy Inno- have to come off the top, and the esti- I think while all taxes impede economic vation did a study just a few years ago growth to one extent or another, the capital mated capital gains tax is $75,000. gains tax, in my judgment, is at the far end showing that a rate cut like that that ‘‘We can’t even pay off our bills and of the scale and so I argue that the appro- we have in H.R. 14 would bring about a have any left over to buy a place to priate capital gains tax rate was zero and very dramatic increase in the flow of live with the $125,000 remaining. $75,000 short of that any cuts, and especially index- revenues to the Treasury. in taxes,’’ this family writes, ‘‘that is ing, would, in my judgment, be an act that In fact, they have stated that they so unfair. If you can get the rate for would be appropriate policy for this Congress would increase by $211 billion. That ob- capital gains’’ down to your proposed to follow. viously is not going to cost anything. level, H.R. 14’s 14 percent, ‘‘at least we Mr. Speaker, H.R. 14 not only takes The reason for that increase, Mr. would have an additional $37,500 of our that top rate on capital gains from 28 Speaker, is that we have today between hard-earned money back. We need to to 14 percent, but it also does index to $7 and $8 trillion of locked-up capital. start again to try and save enough for ensure that working Americans are not There are so many people, like the re- our golden years and our 5-year-old.’’ forced into higher income tax brackets tirees who wrote me these letters and H2166 CONGRESSIONAL RECORD — HOUSE May 5, 1997 others, who have said, gosh, with a 28- we look at our desire to increase the BILL PRESENTED TO THE percent rate on capital gains, I cannot take-home wages for working Ameri- PRESIDENT afford to sell this item. cans and if we look at our goal of Mr. THOMAS, from the Committee So what happens? There is this lock- boosting economic growth to ensure on House Oversight, reported that that in effect. It is projected today that that the United States of America will committee did on the following date there is between $7 and $8 trillion that be able to remain competitive inter- present to the President, for his ap- is locked in because that tax is so puni- nationally, it seems to me that going proval, a bill of the House of the fol- tive. Once again, 40 percent of those from 28 to 14 percent is the right thing lowing title: are held by people with incomes of less to do. May 2, 1997: than $50,000 a year. And for my colleagues who have yet H.R. 1001. An act to extend the term of ap- We also have to look at the argument to cosponsor H.R. 14, I hope very much pointment of certain members of the Pro- that has been going on over the past that they will respond to the many let- spective Payment Assessment Commission several days about the need for a ters that my Democratic and Repub- and the Physician Payment Review Commis- broad-based family tax cut. We hear lican colleagues and I have sent around sion. talk regularly about how we have got and join in cosponsoring this very im- ADJOURNMENT to help families. portant legislation. Mr. DREIER. Mr. Speaker, I move Well, Mr. Speaker, I argue that H.R. f 14, putting that top rate at 14 percent, that the House do now adjourn. would do more to boost the wages of SPECIAL ORDERS GRANTED The motion was agreed to; accord- the average working family than vir- ingly (at 3 o’clock and 11 minutes By unanimous consent, permission to p.m.), under its previous order, the tually any of the so-called family tax address the House, following the legis- cuts that have already been proposed. House adjourned until tomorrow, Tues- lative program and any special orders day, May 6, 1997, at 12:30 p.m. for morn- Yes, I am not opposing those, but I be- heretofore entered, was granted to: lieve that the capital gains tax cut, ing hour debates. (The following Member (at the re- f which would be permanent, would in- quest of Mr. FILNER) to revise and ex- crease it. In fact, that same study done tend his remarks and include extra- EXECUTIVE COMMUNICATIONS, by the Institute for Policy Innovation neous material:) ETC. found that going to a 14-percent rate Mr. FILNER, for 5 minutes, today. Under clause 2 of rule XXIV, execu- on the capital gains tax would boost (The following Members (at the re- tive communications were taken from the average family’s take-home pay by quest of Mr. DREIER) to revise and ex- the Speaker’s table and referred as fol- $1,500 a year over a 7-year period. tend their remarks and include extra- lows: So if we recognize again that what neous material:) we are trying to do here is increase 3070. A letter from the Congressional Re- Mr. COLLINS, for 5 minutes, on May view Coordinator, Animal and Plant Health economic growth, boost the take-home 16. Inspection Service, transmitting the Serv- pay of working Americans and at the Mr. HULSHOF, for 5 minutes each day, ice’s final rule—Karnal Bunt Regulated same time balance the Federal budget, on May 6 and 7. Areas [Docket No. 96–016–19] (RIN: 0579–AA83) we can in fact, with a capital gains tax Mr. HAYWORTH, for 5 minutes, on May received May 2, 1997, pursuant to 5 U.S.C. rate reduction, do those things. 6. 801(a)(1)(A); to the Committee on Agri- I mentioned the Federal Reserve culture. Mr. SNOWBARGER, for 5 minutes, on Board in that statement. Some have 3071. A letter from the Congressional Re- May 6. said that tax proposals would, in fact, view Coordinator, Animal and Plant Health Mr. NEY, for 5 minutes, on May 6. Inspection Service, transmitting the Serv- be received, tax cut proposals would be Mr. ROGAN, for 5 minutes, on May 6. ice’s ‘‘Major’’ final rule—Karnal Bunt; Com- received less than favorably by the Mr. SUNUNU, for 5 minutes, on May 7. pensation for the 1995–1996 Crop Season Federal Reserve. Well, those words [Docket No. 96–016–17] (RIN: 0579–AA83) re- f from the chairman demonstrate that ceived May 2, 1997, pursuant to 5 U.S.C. H.R. 14 would be a Fed-friendly tax cut EXTENSION OF REMARKS 801(a)(1)(A); to the Committee on Agri- and would not send anything other culture. than a very positive signal. By unanimous consent, permission to 3072. A letter from the Congressional Re- So as we look at where we are headed revise and extend remarks was granted view Coordinator, Animal and Plant Health now in these budget negotiations, it to: Inspection Service, transmitting the Serv- (The following Members (at the re- ice’s final rule—Pink Bollworm Regulated seems to me, Mr. Speaker, that the Areas [Docket No. 97–023–1] received May 2, quest of Mr. FILNER) and to include ex- fair, the balanced, the middle-road po- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the sition for us to take would be a top traneous matter:) Committee on Agriculture. rate of 14 percent on capital gains. Mr. TOWNS. 3073. A letter from the Congressional Re- I will say that I am very encouraged Mr. SHERMAN. view Coordinator, Animal and Plant Health by the words that have come from the Mr. KUCINICH. Inspection Service, transmitting the Serv- gentleman from Texas [Mr. ARCHER], (The following Member (at the re- ice’s final rule—Zoological Park Quarantine chairman of the Committee on Ways quest of Mr. DREIER) and to include ex- of Ruminants and Swine Imported from traneous matter:) Countries Where Foot-and-Mouth Disease or and Means, the fact that we have so Rinderpest Exists [APHIS Docket No. 94–136– Mr. BONO. many Democrats and Republicans join- 2] received May 1, 1997, pursuant to 5 U.S.C. ing in this Congress to cosponsor H.R. f 801(a)(1)(A); to the Committee on Agri- 14, it signals to me that we can, in fact, culture. have a tremendous benefit, a great win SENATE BILL AND JOINT 3074. A letter from the Congressional Re- for the American people if, as we pro- RESOLUTION REFERRED view Coordinator, Animal and Plant Health ceed with these talks and the final de- A bill and joint resolution of the Sen- Inspection Service, transmitting the Serv- tails that the Committee on Ways and ate of the following titles were taken ice’s final rule—Genetically Engineered Or- ganisms and Products; Simplification of Re- Means will report out, that we have a from the Speaker’s table and, under quirements and Procedures for Genetically tax that is no higher than 14 percent. the rule, referred as follows: Engineered Organisms [APHIS Docket No. I do not claim that cutting the cap- S. 543. An act to provide certain protec- 95–040–4] (RIN: 0579–AA73) received May 2, ital gains tax rate will be a cure-all for tions to volunteers, nonprofit organizations, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the all the ailments of society. One might and governmental entities in lawsuits based Committee on Agriculture. conclude from what I have said that I on the activities of volunteers; to the Com- 3075. A letter from the Acting Executive believe that it is a panacea for every mittee on the Judiciary. Director, Commodity Futures Trading Com- problem that we face. I do not think it S.J. Res. 29. Joint resolution to direct the mission, transmitting the Commission’s Secretary of the Interior to design and con- final rule—Electronic Filing of Disclosure is. But if we do look at the goals of en- struct a permanent addition to the Franklin Documents with the Commission [17 CFR suring that our children and grand- Delano Roosevelt Memorial in Washington, Part 4] received May 5, 1997, pursuant to 5 children are not going to be saddled DC, and for other purposes; to the Commit- U.S.C. 801(a)(1)(A); to the Committee on Ag- with horrendous debt in the future, if tee on Resources. riculture. May 5, 1997 CONGRESSIONAL RECORD — HOUSE H2167 3076. A letter from the Acting Executive 3087. A letter from the Chairman, Harry S. tion 1–732 and 1–734(a)(1)(A); to the Commit- Director, Commodity Futures Trading Com- Truman Scholarship Foundation, transmit- tee on Government Reform and Oversight. mission, transmitting the Commission’s ting the Foundation’s annual report for 1996, 3097. A letter from the Chairman, Federal final rule—Recordkeeping Reports by Fu- pursuant to 20 U.S.C. 2012(b); to the Commit- Communications Commission, transmitting tures Commission Merchants, Clearing Mem- tee on Education and the Workforce. a report of activities under the Freedom of bers, Foreign Brokers, and Large Traders [17 3088. A letter from the Director, Office of Information Act for the calendar year 1996, CFR Parts 1, 15, 16, and 17] received May 5, Regulatory Management and Information, pursuant to 5 U.S.C. 552(d); to the Committee 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Environmental Protection Agency, transmit- on Government Reform and Oversight. Committee on Agriculture. ting the Agency’s final rule—Land Disposal 3098. A letter from the Executive Director, 3077. A letter from the Director, Office of Restrictions—Phase IV: Treatment Stand- Federal Labor Relations Authority, trans- Regulatory Management and Information, ards for Wood Preserving Wastes, Paperwork mitting a report of activities under the Free- Environmental Protection Agency, transmit- Reduction and Streamlining, Exemptions dom of Information Act for the calendar year ting the Agency’s final rule—Imazapyr; Pes- from RCRA for Certain Processed Materials; 1996, pursuant to 5 U.S.C. 552(d); to the Com- ticide Tolerances [OPP–300471; FRL–5599–8] and Miscellaneous Hazardous Waste Provi- mittee on Government Reform and Over- (RIN: 2070–AB78) received May 1, 1997, pursu- sions [FRL–5816–5] (RIN: 2050–AE05) received sight. ant to 5 U.S.C. 801(a)(1)(A); to the Committee May 1, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); 3099. A letter from the Independent Coun- on Agriculture. to the Committee on Commerce. sel, Office of Independent Counsel, transmit- 3078. A letter from the Assistant Adminis- 3089. A letter from the Director, Office of ting the fiscal year 1996 annual report under trator, Environmental Protection Agency, Regulatory Management and Information, the Federal Managers’ Financial Integrity transmitting the annual report on condi- Environmental Protection Agency, transmit- Act [FMFIA] of 1982, pursuant to 31 U.S.C. tional registration of pesticides during fiscal ting the Agency’s final rule—Control of Air 3512(c)(3); to the Committee on Government year 1996, pursuant to 7 U.S.C. 136w–4; to the Pollution from Aircraft and Aircraft En- Reform and Oversight. Committee on Agriculture. gines; Emission Standards and Test Proce- 3100. A letter from the Director, Office of 3079. A letter from the Under Secretary of dures [AMS–FRL–5821–3] (RIN: 2060–AF50) re- Management and Budget, transmitting a Defense (Comptroller), Department of De- ceived May 1, 1997, pursuant to 5 U.S.C. copy of the report, ‘‘Agency Compliance with fense, transmitting a report of a violation of 801(a)(1)(A); to the Committee on Commerce. Title II of the Unfunded Mandates Reform the Anti-Deficiency Act—Army violation, 3090. A letter from the Associate Managing Act of 1995,’’ pursuant to 2 U.S.C. 1538; to the case No. 96–03, which totaled $489,600, oc- Director—Performance Evaluation and Committee on Government Reform and curred in the fiscal year 1995 operation and Records Management, Federal Communica- Oversight. maintenance, Army National Guard appro- tions Commission, transmitting the Com- 3101. A letter from the General Counsel, Of- priation, pursuant to 31 U.S.C. 1517(b); to the mission’s final rule—Amendments to the fice of Management and Budget, transmit- Committee on Appropriations. Amateur Service Rules Including Amend- ting the Office’s final rule—Classification, 3080. A letter from the Director, Defense ments for Examination Credit, Eligibility for Downgrading, Declassification and Safe- Finance Accounting Service, Department of a Club Station License, Recognition of the guarding of National Security Information [5 Defense, transmitting notification that the Volunteer Examiner Session Manager, a Spe- CFR Part 1312] (RIN: 0348–AB34) received Defense Finance and Accounting Service cial Event Call Sign System, and a Self-As- May 2, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); [DFAS] is initiating a cost comparison study signed Indicator in the Station Identifica- to the Committee on Government Reform of DFAS accounting functions supporting tion [WT Docket No. 95–57, RM–8301, RM– and Oversight. the Defense Commissary Agency [DeCA], 8418, RM–8462] received April 23, 1997, pursu- 3102. A letter from the Secretary, The pursuant to 10 U.S.C. 2304 note; to the Com- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Commission on Fine Arts, transmitting the mittee on National Security. on Commerce. Commission’s annual report on the activities 3081. A letter from the Acting Assistant 3091. A letter from the Chairman, Nuclear of the inspector general for fiscal years 1995 Secretary, Department of Defense, transmit- Regulatory Commission, transmitting the and 1996, pursuant to 5 U.S.C. app. (Insp. ting a corrected report to replace the origi- Commission’s report entitled ‘‘Report to Gen. Act) section 5(b); to the Committee on nal report numbered EC2882, and printed in Congress on Abnormal Occurrences, Fiscal Government Reform and Oversight. the CONGRESSIONAL RECORD dated April 28, Year 1996,’’ for events at licensed nuclear fa- 3103. A letter from the Secretary, The 1997; to the Committee on National Security. cilities, pursuant to 42 U.S.C. 5848; to the Commission on Fine Arts, transmitting the 3082. A letter from the Secretary of De- Committee on Commerce. fiscal year annual report under the Federal fense, transmitting the Department’s report 3092. A letter from the Deputy Secretary, Managers’ Financial Integrity Act [FMFIA] on the event-based decision making for the Securities and Exchange Commission, trans- of 1982, pursuant to 31 U.S.C. 3512(c)(3); to the F–22 aircraft program for the fiscal year for mitting the Commission’s final rule—Defini- Committee on Government Reform and which the President has submitted a budget, tion of ‘‘prepared by or on behalf of the is- Oversight. pursuant to section 218 of the National De- suer’’ for Purposes of Determining if an Of- 3104. A letter from the Chairman, Federal fense Authorization Act for fiscal year 1997; fering Document is Subject to State Regula- Election Commission, transmitting proposed to the Committee on National Security. tion [Release No. 33–7418; File Number S7–6– regulations at 11 CFR Part 104 governing rec- 3083. A letter from the Acting General 97] (RIN: 3235–AH14) received April 30, 1997, ordkeeping and reporting by political com- Counsel, Department of Housing and Urban pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittees: best efforts, pursuant to 2 U.S.C. Development, transmitting the Depart- mittee on Commerce 438(d); to the Committee on House Oversight. ment’s final rule—Hispanic-Serving Institu- 3093. A letter from the Assistant Secretary 3105. A letter from the Acting General tions Work Study Program [Docket No. FR– for Legislative Affairs, Department of State, Counsel, Department of Housing and Urban 4070–F–03] (RIN: 2528–AA06) received April 25, transmitting certification of a proposed li- Development, transmitting the Depart- 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the cense for the export of defense articles or de- ment’s final rule—Protection and Enhance- Committee on Banking and Financial Serv- fense services sold commercially to Italy ment of Environmental Quality; Technical ices. (Transmittal No. DTC–32–97), pursuant to 22 and Clarifying Amendments [Docket No. FR– 3084. A letter from the Director, Office of U.S.C. 2776(c); to the Committee on Inter- 2206–F–04] received April 25, 1997, pursuant to Management and Budget, transmitting national Relations. 5 U.S.C. 801(a)(1)(A); to the Committee on OMB’s estimate of the amount of change in 3094. A letter from the Assistant Secretary Resources. outlays or receipts, as the case may be, in for Legislative Affairs, Department of State, 3106. A letter from the Acting Director, each fiscal year through fiscal year 2002 re- transmitting the Department’s report enti- Fish and Wildlife Service, transmitting the sulting from passage of H.R. 412, pursuant to tled ‘‘Assistance Related to International Service’s final rule—Endangered and Threat- Public Law 101–508, section 13101(a) (104 Stat. Terrorism Provided by the U.S. Government ened Wildlife and Plants; Final Rule to List 1388–582); to the Committee on the Budget. to Foreign Countries,’’ pursuant to 22 U.S.C. the Barton Springs Salamander as Endan- 3085. A letter from the Assistant Secretary, 2349aa–7(b); to the Committee on Inter- gered [50 CFR Part 17] (RIN: 1018–AC22) re- Department of Education, transmitting no- national Relations. ceived April 25, 1997, pursuant to 5 U.S.C. tice of final priorities and selection cri- 3095. A letter from the Assistant Secretary 801(a)(1)(A); to the Committee on Resources. teria—Safe and Drug-Free Schools and Com- for Export Administration, Department of 3107. A letter from the Acting Assistant munities National Programs: Federal Activi- Commerce, transmitting the Department’s Administrator for Fisheries, National Oce- ties Grants Program, pursuant to 20 U.S.C. final rule—Revisions and Clarifications to anic and Atmospheric Administration, trans- 1232(f); to the Committee on Education and the Export Administration Regulations (Bu- mitting the Administration’s final rule— the Workforce. reau of Export Administration) [Docket No. Fisheries of the Exclusive Economic Zone 3086. A letter from the Assistant Secretary, 970306044–7044–01] (RIN: 0694–AB56) received Off Alaska; Management Measures to Reduce Department of Education, transmitting no- May 1, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); Seabird Bycatch in the Hook-and-Line tice of final priorities and selection cri- to the Committee on International Rela- Groundfish Fisheries [Docket No. 970226037– teria—Safe and Drug-Free Schools and Com- tions. 7094–02; I.D. 022197F] (RIN: 0648–AJ39) re- munities National Programs: Grants to In- 3096. A letter from the Chairman, District ceived May 2, 1997, pursuant to 5 U.S.C. 801 stitutions of Higher Education, pursuant to of Columbia Retirement Board, transmitting (a)(1)(A); to the Committee on Resources. 20 U.S.C. 1232(f); to the Committee on Edu- the Board’s annual report of activities for 3108. A letter from the Assistant Adminis- cation and the Workforce. fiscal year 1996, pursuant to D.C. Code, Sec- trator for Fisheries, National Oceanic and H2168 CONGRESSIONAL RECORD — HOUSE May 5, 1997 Atmospheric Administration, transmitting May 1, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); transmitting the Department’s March 1997 the Administration’s final rule—Threatened to the Committee on Transportation and In- ‘‘Treasury Bulletin,’’ pursuant to 2297(g), and Fish and Wildlife; Change in Listing Status frastructure. 31 U.S.C. 331(b); jointly, to the Committees of Stellar Sea Lions Under the Endangered 3119. A letter from the General Counsel, on Ways and Means, Commerce, Transpor- Species Act [Docket No. 961217358–6358–01; Department of Transportation, transmitting tation and Infrastructure, Education and the I.D. 041995B] (RIN: 0648–xx77) received May 2, the Department’s final rule—Safety Zone Workforce, Resources, and Agriculture. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Regulations; Tampa Bay, Florida (U.S. Coast f Committee on Resources. Guard) [COTP Tampa–97–022] (RIN: 2115– 3109. A letter from the Director, Office of AA97) received May 1, 1997, pursuant to 5 REPORTS OF COMMITTEES ON Sustainable Fisheries, National Oceanic and U.S.C. 801(a)(1)(A); to the Committee on PUBLIC BILLS AND RESOLUTIONS Atmospheric Administration, transmitting Transportation and Infrastructure. the Administration’s final rule—Fisheries of 3120. A letter from the Chairman, Surface Under clause 2 of rule XIII, reports of the Exclusive Economic Zone Off Alaska; Pa- Transportation Board, transmitting the committees were delivered to the Clerk cific Cod by Catcher Vessels Using Trawl Board’s final rule—Regulations for the Pub- for printing and reference to the proper Gear in the Bering Sea and Aleutian Islands lication, Posting and Filing of Tariffs for the calendar, as follows: [Docket No. 961107312–7021–02; I.D. 042897A] Transportation of Property by or with a Mr. SMITH of Texas: Committee on the Ju- received May 2, 1997, pursuant to 5 U.S.C. 801 Water Carrier in the Noncontiguous Domes- diciary. H.R. 584. A bill for the relief of John (a)(1)(A); to the Committee on Resources. tic Trade [STB Ex. Parte No. 618] received Wesley Davis; with an amendment (Rept. 3110. A letter from the Director, Office of April 22, 1997, pursuant to 5 U.S.C. 105–87). Referred to the Committee of the Sustainable Fisheries, National Oceanic and 801(a)(1)(A); to the Committee on Transpor- Whole House. Ordered to be printed. Atmospheric Administration, transmitting tation and Infrastructure. the Administration’s final rule—Fisheries of 3121. A letter from the Acting Secretary of f the Exclusive Economic Zone Off Alaska; Labor, transmitting the Department’s third PUBLIC BILLS AND RESOLUTIONS Yellowfin Sole by Vessels Using Trawl Gear report on the impact of the Andean Trade in the Bering Sea and Aleutian Islands Preference Act on U.S. trade and employ- Under clause 5 of rule X and clause 4 [Docket No. 961107312–7021–02; I.D. 042897B] ment from 1994 to 1995, pursuant to Public of rule XXII, public bills and resolu- received May 2, 1997, pursuant to 5 U.S.C. 801 Law 102–182, section 207 (105 Stat. 1244); to tions were introduced and severally re- (a)(1)(A); to the Committee on Resources. the Committee on Ways and Means. ferred as follows: 3111. A letter from the Director, Adminis- 3122. A letter from the Chief, Regulations By Mr. FILNER (for himself, Mr. trative Office of the U.S. Courts, transmit- Unit, Internal Revenue Service, transmitting STUPAK, Mr. FROST, Mr. UNDERWOOD, ting the annual report on applications for the Service’s final rule—Last-In, First-Out Mr. MANTON, Mr. BONIOR, Mr. ACKER- court orders made to Federal and State Inventories [Rev. Rul. 97–22] received May 1, MAN, Ms. MCKINNEY, Mr. ENGLISH of courts to permit the interception of wire, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Pennsylvania, Mr. TRAFICANT, and oral, or electronic communications during Committee on Ways and Means. Mr. MARTINEZ): calendar year 1996, pursuant to 18 U.S.C. 3123. A letter from the National Director, H.R. 1529. A bill to amend the Internal Rev- 2519(3); to the Committee on the Judiciary. Tax Forms and Publications Division, Inter- 3112. A letter from the Acting General nal Revenue Service, transmitting the Serv- enue Code of 1986 to allow a credit against Counsel, Department of Housing and Urban ice’s final rule—Tax Forms and Instructions income tax to individuals who are active par- Development, transmitting the Depart- [Rev. Proc. 97–25] received May 2, 1997, pursu- ticipants in neighborhood crime watch orga- ment’s final rule—Revision of HUD’s Fair ant to 5 U.S.C. 801(a)(1)(A); to the Committee nizations which actively involve the commu- Housing Complaint Processing [Docket No. on Ways and Means. nity in the reduction of local crime; to the FR–4031–F–02] (RIN: 2529–AA79) received 3124. A letter from the National Director, Committee on Ways and Means. April 25, 1997, pursuant to 5 U.S.C. Tax Forms and Publications Division, Inter- By Ms. JACKSON-LEE (for herself, Ms. 801(a)(1)(A); to the Committee on the Judici- nal Revenue Service, transmitting the Serv- MCKINNEY, Mrs. MEEK of Florida, ary. ice’s final rule—General Rules for Filing and Mrs. TAUSCHER, Ms. KILPATRICK, Mrs. 3113. A letter from the Assistant Attorney Specifications for the Private Printing of LOWEY, Mrs. MORELLA, Ms. ´ General, Department of Justice, transmit- Substitute Forms W–2 and W–3 [Rev. Proc. VELAZQUEZ, Ms. MILLENDER-MCDON- ting the Department’s final rule—Grants 97–24] received April 23, 1997, pursuant to 5 ALD, Mr. BISHOP, Mr. PALLONE, Mr. Program for Indian Tribes (Office of Justice U.S.C. 801(a)(1)(A); to the Committee on WEXLER, Ms. STABENOW, Ms. MCCAR- Programs) [OJP No. 1099] (RIN: 1121–AA41) Ways and Means. THY of Missouri, Ms. ROYBAL-ALLARD, received April 24, 1997, pursuant to 5 U.S.C. 3125. A letter from the Chief, Regulations Mr. BENTSEN, Ms. DELAURO, Mr. 801(a)(1)(A); to the Committee on the Judici- Unit, Internal Revenue Service, transmitting HINOJOSA, Mr. RODRIGUEZ, Mr. REYES, ary. the Service’s final rule—Credit for Producing and Mr. SERRANO): 3114. A letter from the Assistant Attorney Fuel from a Nonconventional Source, 29 In- H.R. 1530. A bill to schedule Gamma y- General, Department of Justice, transmit- flation Adjustment Factor, and 29 Reference hydroxybutyrate in schedule I of the Con- ting the Department’s final rule—State Price [Notice 97–28, 1997–18 I.R.B.] received trolled Substances Act and to schedule Criminal Alien Assistance Program (Office of May 5, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); Ketamine in schedule II of such act, and for Justice Programs) [OJP (BJA) No. 1010] to the Committee on Ways and Means. other purposes; to the Committee on Com- (RIN: 1121–AA24) received April 24, 1997, pur- 3126. A letter from the Chairman of the merce, and in addition to the Committee on suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Board, Pension Benefit Guaranty Corpora- the Judiciary, for a period to be subse- tee on the Judiciary. tion, transmitting the 22d annual report of quently determined by the Speaker, in each 3115. A letter from the Assistant Attorney the Corporation, which includes the Corpora- case for consideration of such provisions as General, Department of Justice, transmit- tion’s financial statements as of September fall within the jurisdiction of the committee ting the Department’s final rule—Young 30, 1996, pursuant to 5 U.S.C. 1308; jointly, to concerned. American Medals Program (Office of Justice the Committees on Education and Workforce By Ms. SLAUGHTER: Programs) [OJP No. 1078] (RIN: 1121–AA37) and Ways and Means. H.R. 1531. A bill to amend title 28, United received April 24, 1997, pursuant to 5 U.S.C. 3127. A letter from the Assistant Secretary States Code, relating to jurisdictional immu- 801(a)(1)(A); to the Committee on the Judici- for Legislative Affairs, Department of State, nities of the Federal Republic of Germany, ary. transmitting notification that the President to grant jurisdiction to the courts of the 3116. A letter from the Chairman, U.S. Sen- proposes to exercise his authority under sec- United States in certain cases involving acts tencing Commission, transmitting the Com- tion 614(a)(1) of the Foreign Assistance Act of genocide occurring against certain indi- mission’s amendments to the sentencing of 1961, as amended, the ‘‘Act’’, to provide a viduals during World War II in the prede- guidelines, policy statements, and com- contribution to the Korean Peninsula En- cessor states of the Federal Republic of Ger- mentary, pursuant to 28 U.S.C. 994(p); to the ergy Development Organization [KEDO], pur- many, or in any territories or areas occu- Committee on the Judiciary. suant to 22 U.S.C. 2364(a)(1); jointly, to the pied, annexed, or otherwise controlled by 3117. A letter from the Chairman, U.S. Sen- Committees on International Relations and those states; to the Committee on the Judi- tencing Commission, transmitting a report Appropriations. ciary. and recommendations on cocaine and Fed- 3128. A letter from the Attorney General of f eral sentencing policy pursuant to section the United States, transmitting the 1996 an- two of Public Law 104–38, pursuant to Public nual report on the number of applications ADDITIONAL SPONSORS Law 104–38, section 2(a) (109 Stat. 334); to the that were made for orders and extension of Under clause 4 of rule XXII, sponsors Committee on the Judiciary. orders approving electronic surveillance 3118. A letter from the General Counsel, under the Foreign Intelligence Surveillance were added to public bills and resolu- Department of Transportation, transmitting Act, pursuant to 50 U.S.C. 1807; jointly, to tions as follows: the Department’s final rule—Drawbridge Op- the Committees on Intelligence (Permanent H.R. 40: Ms. KILPATRICK and Mr. ENGEL. eration Regulations; Corson Inlet, Select) and the Judiciary. H.R. 350: Mr. HOLDEN, Mr. LIPINSKI, Mr. Strathmere, New Jersey (U.S. Coast Guard) 3129. A letter from the Fiscal Assistant TIAHRT, Mr. WHITFIELD, Ms. FURSE, Mr. [CGD05–96–101] (RIN: 2115–AE47) received Secretary, Department of the Treasury, PASCRELL, Mr. KENNEDY of Rhode Island, Mr. May 5, 1997 CONGRESSIONAL RECORD — HOUSE H2169

SCHUMER, Mr. BROWN of Ohio, Mr. POSHARD, lists for occupancy in public housing that shall apply and the nonconsecutive months Mr. BONIOR, Mr. TRAFICANT, and Mr. KLINK. contain 9,000 or more families at the time of during which the family did not contain an H.R. 367: Mr. ENGEL. demolition or disposition, the agency may employed member shall be treated for pur- H.R. 445: Mr. MARTINEZ and Mr. TRAFICANT. demolish or dispose of a public housing de- poses of such paragraph as being consecu- H.R. 475: Ms. KAPTUR. velopment (or portion of a development) tive; H.R. 816: Mr. BARCIA of Michigan. only if the agency provides an additional (B) any elderly family; or H.R. 896: Mr. BLUMENAUER. safe, clean, healthy, and affordable dwelling (C) any disabled family. H.R. 959: Mr. RAMSTAD, Mr. BARRETT of unit for each public housing dwelling unit to (4) PREFERENCES FOR FAMILIES MOVING TO Wisconsin, Mr. COBURN, Mr. ACKERMAN, Ms. be demolished or disposed of. Such addi- FIND EMPLOYMENT.—A public housing agency FURSE, Ms. NORTON, Mr. MEEHAN, Mr. MAR- tional dwelling units may be provided for may, in establishing preferences under sec- TINEZ, Ms. PELOSI, Mr. BERMAN, Ms. through acquisition or development of addi- tion 321(d), provide a preference for any fam- LOFGREN, Mr. LEWIS of Georgia, Mr. THOMP- tional public housing dwelling units or as ily that— SON, Mr. LIPINSKI, Mr. MANTON, Mr. provided under paragraph (1). (A) occupied a public housing dwelling unit KUCINICH, Ms. RIVERS, and Mr. TRAFICANT. H.R. 2 H.R. 1006: Mr. GIBBONS. owned or operated by a different public hous- OFFERED BY: MR. MORAN OF VIRGINIA H.R. 1007: Mr. RILEY. ing agency, but was limited in the duration AMENDMENT NO. 51: Page 99, after line 11, H.R. 1008: Mr. DELLUMS and Mr. FRANK of of such occupancy by reason of paragraph (1) Massachusetts. insert the following new subsection: of this subsection; and (e) OPTIONAL TIME LIMITATION ON OCCU- H.R. 1146: Mrs. CHENOWETH. (B) is determined by the agency to have PANCY BY FAMILIES FOR PHA’S WITH WAITING H.R. 1178: Mr. FAZIO of California. moved to the jurisdiction of the agency to LISTS OF 1 YEAR OR LONGER.— H.R. 1232: Mr. BONIOR and Mr. THOMAS. obtain employment. (1) 5-YEAR LIMITATION.—A public housing H.R. 1283: Mr. ADERHOLT, Mr. POMBO , Mr. agency described in paragraph (2) may, at (5) PREFERENCES FOR FAMILIES MOVING TO WELDON of Florida, Mr. CRAPO, Mr. PORTER, the option of the agency and on an agency- FIND EMPLOYMENT.—A public housing agency Mr. DAN SCHAEFER of Colorado, Mr. BART- wide basis, limit the duration of occupancy may, in establishing preferences under sec- LETT of Maryland, and Mr. COOKSEY. in public housing of each family to 60 con- tion 321(d), provide a preference for any fam- H.R. 1437: Mr. SOLOMON, Mr. ALLEN, and secutive months. Occupancy in public hous- ily that— Mr. FATTAH. ing occurring before the effective date of this (A) occupied a public housing dwelling unit H.R. 1450: Mr. GUTIERREZ, Mr. JACKSON, Mr. Act shall not count toward such 60 months. owned or operated by a different public hous- FATTAH, and Mr. MARTINEZ. (2) APPLICABILITY ONLY TO PHA’S WITH WAIT- ing agency, but was limited in the duration H.R. 1492: Mr. DEAL of Georgia and Mr. ING LISTS OF 1 YEAR OR LONGER.—A public of such occupancy by reason of paragraph (1) BAKER. housing agency described in this paragraph of this subsection; and f is an agency that, upon the conclusion of the (B) is determined by the agency to have AMENDMENTS 60-month period referred to in paragraph (1) moved to the jurisdiction of the agency to for any family, has a waiting list for occu- obtain employment. Under clause 6 of rule XXIII, pro- pancy in public housing dwelling units that (5) DEFINITIONS.—For purposes of this sub- posed amendments were submitted as contains a sufficient number of families such section, the following definitions shall apply: that the last family on such list who will be follows: (A) EMPLOYMENT.—The term ‘‘employ- H.R. 2 provided a public housing dwelling unit will ment’’ means employment in a position be provided the unit 1 year or more from that— OFFERED BY: MS. JACKSON-LEE OF TEXAS such date (based on the turnover rate for (i) is not a job training or work program AMENDMENT NO. 50: Page 152, line 2, strike public housing dwelling units of the agency). required under a welfare program; and ‘‘and’’. (3) EXCEPTIONS FOR WORKING, ELDERLY, AND Page 152, line 6, strike the period and in- DISABLED FAMILIES.—The provisions of para- (ii) involves an average of 20 or more hours sert ‘‘; and’’. graph (1) shall not apply to— of work per week. Page 152, after line 6, insert the following: (A) any family that contains an adult (B) WELFARE PROGRAM.—The term ‘‘welfare (7) how the agency will comply with the re- member who, during the 60-month period re- program’’ means a program for aid or assist- quirement under subsection (k)(3), if applica- ferred to in such paragraph, obtains employ- ance under a State program funded under ble. ment; except that, if at any time during the part A of title IV of the Social Security Act Page 153, after line 15, insert the following: 12-month period beginning upon the com- (as in effect before or after the effective date (3) REPLACEMENT REQUIREMENT FOR PHA’S mencement of such employment, the family of the amendments made by section 103(a) of WITH LONG WAITING LISTS.—In the case only does not contain an adult member who has the Personal Responsibility and Work Oppor- of public housing agencies having waiting employment, the provisions of paragraph (1) tunity Reconciliation Act of 1996). E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, MONDAY, MAY 5, 1997 No. 56 Senate The Senate met at 12:01 p.m., and was U.S. SENATE, ments are reached on scheduling votes called to order by the Honorable PAT PRESIDENT PRO TEMPORE, on the supplemental appropriations bill ROBERTS, a Senator from the State of Washington, DC, May 5, 1997. or on other matters. Kansas. To the Senate: I thank my colleagues for their at- Under the provisions of rule I, section 3, of tention. PRAYER the Standing Rules of the Senate, I hereby appoint the Honorable PAT ROBERTS, a Sen- f The Chaplain, Dr. Lloyd John ator from the State of Kansas, to perform MORNING BUSINESS Ogilvie, offered the following prayer: the duties of the Chair. Almighty God, Sovereign of this Na- STROM THURMOND, The ACTING PRESIDENT pro tem- tion and Lord of our lives, our purpose President pro tempore. pore. Under the previous order, there is to glorify You by serving our Nation. Mr. ROBERTS thereupon assumed will now be a period for the transaction We want to express energetic earnest- the chair as Acting President pro tem- of morning business not to extend be- ness about our work today. Help us to pore. yond the hour of 1 p.m, with Senators know what You want and then want Mr. MURKOWSKI addressed the permitted to speak therein for not to what we know; to say what we mean, Chair. exceed 5 minutes each. and mean what we say. Give us reso- The ACTING PRESIDENT pro tem- (The remarks of Mr. MURKOWSKI per- luteness and intentionality. Free us to pore. The Senator from Alaska. taining to the introduction of S. 691 are listen to You so intently that we can Mr. MURKOWSKI. Mr. President, I located in today’s RECORD under speak with intrepidness. Keep us in the thank the Chair and wish the occupant ‘‘Statements on Introduced Bills and battle for truth rather than ego skir- a good day. Joint Resolutions.’’) mishes over secondary issues. Make us f Mr. WELLSTONE addressed the party to Your plans so we can give Chair. COMPLIMENTING THE CHAPLAIN leadership to our parties, and then help The ACTING PRESIDENT pro tem- our parties to work together to accom- Mr. MURKOWSKI. Mr. President, I pore. The Senator from Minnesota is plish Your purposes. Make us one in compliment the Chaplain for the inspi- recognized. the earnestness of patriotism. rational message, which I think chal- f lenges us all to focus in on the prior- Before us is a new week filled with THE BUDGET AGREEMENT more to do than we can accomplish on ities. our own strength. Grant the Senators f Mr. WELLSTONE. Mr. President, I rise to speak about the budget agree- intellectual, emotional, and volitional SCHEDULE strength to envision a week in which ment. Let me start out with a little bit what is truly important gets done. Mr. MURKOWSKI. Mr. President, on of context. I will just read a figure Help them expeditiously to move behalf of the leader, for the informa- from the fine work of the Center on through the supplemental appropria- tion of all Senators, today the Senate Budget Priorities. In the last Congress, tions legislation and amendments lis- will begin consideration of Senate bill the 104th Congress, more than 93 per- tening to each other and making guid- 672, the supplemental appropriations cent of the budget reductions in enti- ed decisions. Lift our anchors out of bill. Amendments are expected to be tlement programs came from programs the mud of any combative competition, offered to this bill today. However, for low-income people. lift our sails, and remind us that it is there will be no votes during today’s Mr. President, in the last Congress, Your set of our sails and not the gales session. The majority leader will notify we cut about $50 billion in assistance that determine where we shall go. In all Members as early as possible with for legal immigrants and also in the the name of our Lord and Savior. respect to rollcall votes on these major food and nutrition program in Amen. amendments which will occur during this country, the Food Stamp Pro- f Tuesday’s session of the Senate. gram. Please remember, Mr. President, It is the intention of the majority that the vast majority of the bene- APPOINTMENT OF ACTING leader that the Senate complete action ficiaries of the Food Stamp Program PRESIDENT PRO TEMPORE on this important bill this week. The are children in working-poor families, The PRESIDING OFFICER. The Senate could also be asked to turn to on the average, with an income of clerk will please read a communication any other Legislative or Executive Cal- below $6,500 a year. Those benefits were to the Senate from the President pro endar items that can be cleared for ac- cut by 20 percent over the next 5 tempore [Mr. THURMOND]. tion. years—a 20-percent cut. The legislative clerk read the follow- As always, the majority leader will Mr. President, I give that by way of ing letter: notify Senators as soon as any agree- background because now we have a

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

S3933 S3934 CONGRESSIONAL RECORD — SENATE May 5, 1997 budget agreement, and I suppose it can the medical evidence is irrefutable and dated, the toilets don’t work, the heat- be argued that an agreement is good irreducible and so compelling that if ing doesn’t work. We are saying to because you have people coming to- we don’t get it right for all of God’s these children: We don’t care about gether. But the question is: At what children in our country in their early you. We don’t give a damn about you. cost? years, they may never come to school Mr. President, that is a Federal re- Mr. President, I don’t see much of a ready to learn, and they certainly will sponsibility. That is infrastructure. standard of fairness in this agreement. not be ready for life. I thought we were And Democrats, we beam these pic- I suppose, in many ways, my challenge going to make investments to make tures back of these buildings and we is more to Democrats than to Repub- sure they had opportunities. are the party of commitment. Well, Mr. licans when I speak here on the floor. I This budget still doesn’t fully fund President, in this budget agreement, think that when we go through this the Head Start Program. I could ex- the $5 billion plan for school renova- budget and we look at the cuts in dis- plain that when there was a Republican tion was knocked out. Now, actually, it cretionary programs, we will find, President, President Reagan or Presi- would cost much more than that. It again, that, inevitably, the dispropor- dent Bush. I have a hard time explain- was knocked out. It was abandoned. tional number of these cuts will be in ing that with a Democrat President. So, to my colleagues, let’s not say that programs that are most important to On the supplemental, in the Senate we are concerned about rotting school the most vulnerable citizens in this and House, we are still in a battle to buildings for too many children in country. Many of them are poor chil- make sure that we get the WIC funding America and then sign on to a budget dren in America. I do know, Mr. Presi- that we need. We are still not there. agreement that doesn’t invest one cent dent, that the discretionary part of Mr. President, I read a foundation re- —one cent—in making sure that these this budget in relation to GDP is the port. David Packard, who used to be are safe buildings for our children. lowest percentage it has been in 40 Undersecretary of Defense with Presi- Let’s not do that. That is just symbolic years. dent Reagan, points out that whether politics. That is symbolic politics at its Mr. President, if I juxtapose what it is child care at home, or whether it worst. will be further reductions in assistance is center-based child care, or whether Mr. President, we don’t even take a for some of the most vulnerable citi- you need to do to have more child care baby step toward investment in chil- zens in our country on top of what we at a place of business, however you dren and opportunities for children. We did in the last Congress, with $85 bil- look at it—and we are not talking don’t even make a dent at all. At the lion over the first 5 years and another about just poor children or low-income same time, we are going to have $250 $165 billion over the next 5 years, $250 families, we are talking about the vast billion of tax cuts, a large percentage billion in tax cuts, and then looking majority of families in our country of which benefits those at the very top from about 2008 to 2017, about an addi- who are concerned about how to make of the income ladder, at the same time tional $400 billion as you look at the a decent living and also how to give we have done precious little by way of impact of cuts in capital gains tax and their children the care they know their reductions in Pentagon budget, and at estate tax, many of those benefits will children deserve. I think of our own the same time this other whole area flow to the top 1, 2, 3 percent of the children. Sheila and I have children in that apparently we really don’t want population. their twenties and early thirties. They to go after in any significant degree, I want to just ask my colleagues, and have children, and I think of their in- called corporate welfare, the loopholes I would like to ask the President: comes and the cost of child care and and deductions for a variety of inter- Where is the standard of fairness? how important this is for families. ests in the country, remains almost un- Where is the standard of fairness? Where is the investment? Where is the touched. What kind of standard of fair- Where is our soul as a party that has a investment? ness is that? reputation for being willing to fight for Mr. President, I just suggest that Mr. President, we have a quiet crisis ordinary people, being willing to fight there is something wrong. There is in a nation that believes we can go for- for working people and working fami- something terribly wrong. There is a ward as a national community with lies, being willing to fight for opportu- quiet crisis in a Nation—our Nation— two Americas. We can’t do that. There nities for children. when we don’t do better for our chil- is another America. Unfortunately, Mr. President, I think we have to be dren. We have conferences and say we that other America includes many chil- very careful about what I would call, are for children and we love to have dren who will never have a chance to for use of a better description, sym- our photos taken next to children, and reach their full potential if we as a bolic politics. What do I mean by that? we don’t make the investment. We now Senate and a House of Representatives I mean, Mr. President, that if you look know the neuroscience evidence is do not make some investment in their at this budget and you think back to compelling that children must have future. This budget is a budget without just a few weeks ago, with the con- good nutrition and health care, and a soul when it comes to the concerns ference at the White House on the de- there certainly must be affordable, and circumstances of these children. velopment of the brain and the impor- good child care, however delivered, at So, Mr. President, when it comes to tance of early childhood development the local community level, and we investment in children and education, I and what we must do to make sure that know it is going to require some fund- do not believe I am articulating a posi- every woman expecting a child has an ing and investment. That is not in this tion that is one that people in the adequate diet, make sure there is nu- budget agreement. Have we now locked country don’t support. I believe people trition for children, to make sure that ourselves in, over the next 5, 6 years, to believe that this is the goodness of our there is health care for children, and to saying we will not make this invest- country. This is the American dream make sure that there is intellectual de- ment? to make sure that every child has these velopment and good child care, remem- Mr. President, I say to my own col- opportunities. We have set the bar in bering that one out of every four chil- leagues—Democrats—in the past this budget agreement right here. I dren in our country are growing up month or so, we have beamed back to want the bar to be set up here. If my poor in America and one out of every our homes pictures of dilapidated colleague, Paul Simon, from Illinois two children of color are growing up school buildings. We were going to was here today he would say that we poor in America. Mr. President, I don’t focus on doing something about too can do better. Mr. President, we can do see in this budget anything that ad- many rotting schools in our Nation. better. vances the cause of these children. I We, as Democrats, were going to take a So I am going to come to the floor of see only a retreat. Where is the invest- stand on this, and we should. Mr. Presi- the Senate with some amendments. ment? Where is the investment in our dent, it is not exactly the right mes- These amendments are going to call for children? sage for children when they go into us to do better. These amendments are Mr. President, we have been focusing schools, whether it be in Anacostia, 2 going to essentially say to the people on the budget deficit. How about the miles from here, or in any of our States in the country, ‘‘Don’t judge us by the investment deficit? How about the spir- in some of our inner city neighbor- words we speak. Judge us by the budg- itual deficit? I thought that now that hoods and the buildings are dilapi- ets that we write.’’ These amendments May 5, 1997 CONGRESSIONAL RECORD — SENATE S3935 are going to say to colleagues, ‘‘Please The PRESIDING OFFICER. Without cial in nature that could better be done don’t separate the legislative lives you objection, it is so ordered. and could more cheaply be done live from the words you speak.’’ And, if Mr. THOMAS. Mr. President, I ask through outsourcing. you say you are for the children, and unanimous consent that I have permis- My legislation, the Freedom From you say early childhood development is sion to speak for approximately 5 min- Government Competition Act, has the so important, and you say you are for utes. potential to open up a $30 billion mar- a quality of opportunity for every The PRESIDING OFFICER. The Sen- ket for our Nation’s businesses, mostly child, regardless of color of skin, re- ator is recognized for that purpose. small businesses, to have an oppor- gardless of rich, or poor, regardless of Mr. THOMAS. Thank you, Mr. Presi- tunity, by contract, to fulfill the com- urban, or rural, then clearly we are dent. mercial needs of the Federal Govern- going to have to do better. If you say f ment. It would level the playing field for thousands of our Nation’s busi- that we should not have these rotting FREEDOM FROM GOVERNMENT nesses that span the economic spec- schools in our country—and what all of COMPETITION ACT the local school districts say to us in trum of this whole country, from mun- their plea to us is important and please Mr. THOMAS. Mr. President, I come dane things to very high tech things, invest some money in infrastructure, to the floor this morning to talk about from janitorial services, hospitality then you have to invest. That has to be one of my top priorities for the 105th and recreation services, to engineering in the budget. And, if you say that you Congress. That is the Freedom From services, laboratories and testing serv- understand that these early years are Government Competition Act. ices—those functions that are commer- so important, you know it as a father I am struck by the fact that we are cial in nature that are now done by the or as a mother, you know it as a grand- considering now the supplemental ap- Government that could better and like- father, or a grandmother—we have al- propriations bill and debate on it will ly more inexpensively be done in the ways known intuitively how important last, I am sure, all week. Then next private sector. these early years are—and they are im- week we will consider the budget which The bill is quite simple, as a matter portant for all children. And children will take at least another week of de- of fact. It simply says that OMB would don’t do well in school, if they don’t bate. During these deliberations, we take a look at all the activities and have an adequate diet. And children will talk about funding the essentials functions of Government, would iden- don’t do well in school, if they are in of Government which, of course, is one tify those that are commercial in na- pain or discomfort because they of Congress’ most important tasks. ture, and then create a fair and com- haven’t been able to receive medical But, unfortunately, it seems to me petitive process to outsource those ac- care. And children don’t do well in that we spend an awful lot of time on tivities to the private sector. Of course, school, if they have not had really good the budget and on appropriations and not only does the bill answer the call of child care that nurtures their develop- funding the Government in the form it the American people to limit the size ment, whether they are at home, or is currently in, and less time than we of Government and encourage the pri- one or both parents are working. And, should talking about the changes that vate sector—but it has a great deal of if you say all of that—and almost all of we ought to make in the Government. value in terms of the Federal budget. you do—it is time to invest. Time is So, while I am on the floor today, I The taxpayers could save many billions not neutral for these children. We keep want to mention a couple of bills I of dollars. The interesting part of this talking about the children. have sponsored to change the role of concept is that it has been around for a So, Mr. President, I am going to in- the Federal Government. One is the bi- very long time. For over 40 years we troduce a number of amendments to ennial budget. I think we really ought have been dealing with this issue. It take the bar up here. I might lose, or I to consider going to a biennial budget has been the Federal Government’s pol- might win. But I am going to really in this Congress as we do in many icy to contract out for over 40 years. fight hard. I would just say to the States so that we can deal with the Unfortunately, it has not worked. The President ‘‘Mr. President,’’—I am talk- budget once every 2 years. Agencies evidence is that it has not worked. In ing now to the President at the White would do a better job with 2 years of fact, I recently ran across an excerpt of House, President Clinton—‘‘we can do funding because they would have some a 1954 Congressional Quarterly Alma- better.’’ stability in their funding levels. Cer- nac that details how the current policy I don’t see the standard of fairness. I tainly we can look at least 2 years came into existence. don’t see an agreement with major tax ahead in terms of budget, so that Con- Mr. President, I ask unanimous con- cuts, and so much revenue lost over the gress has a whole year to talk about sent that this article be printed in the next 10 years and 20 years to the tune some of the reforms that ought to take RECORD. of hundreds of billions of dollars bene- place; that ought to change in Govern- There being no objection, the mate- fiting many people who do not even ment. rial was ordered to be printed in the need the assistance, and at the same I am persuaded that without some RECORD, as follows: time a budget agreement that rep- overt changes, without fundamental [From the Congressional Quarterly Almanac, resents a retreat and abandon of too changes brought about by the Con- 1954] many children in America. gress, that Government just continues BUSINESS COMPETITION FROM GOVERNMENT We have had enough conferences. to go on, just continues to grow, just HR 9835—Reported by House Government Enough books have been written. continues to expand. It is the nature of Operations Committee (H. Rept. 241) July 21, Enough pleas have been made. There government. 1954. has been enough blitz. It is time now Quite frankly, according to one of Passed by the House, amended, July 24 by the studies by GAO regarding one agen- voice vote. that we match our words with the Reported by Senate Government Oper- deeds. And the deed is to make this in- cy that I just read this weekend, there ations Committee, with amendment, Aug. 10 vestment. is no real accountability in terms of (S. Rept. 2382). Mr. President, this will be my major spending. So that accountability in Legislation (HR 9835) aimed at putting an priority over the next month to come terms of what you do with the money end to government operations which were in in the U.S. Senate. and the results that you have in the competition with private enterprise cleared I yield the floor. Government agencies are largely the the House, and it was subsequently reported Mr. President, I suggest the absence responsibilities of the Congress. by the Senate Government Operations Com- Congress does not have time to do mittee. No further action was taken on the of a quorum. measure during the 1954 session. The PRESIDING OFFICER. The that. We spend too much of our time BACKGROUND clerk will call the roll. with the budget, too much of our time with appropriations. One of the other The Intergovernmental Relations Sub- The legislative clerk proceeded to committee of the House Government Oper- call the roll. things that we ought to do, in my opin- ations Committee held hearings in June, Mr. THOMAS. Mr. President, I ask ion, is to ensure that the Government 1953, on federal activities in commercial and unanimous consent that the order for is not competing with the private sec- industrial fields. The hearings, which con- the quorum call be rescinded. tor in areas that are basically commer- centrated on areas where the government S3936 CONGRESSIONAL RECORD — SENATE May 5, 1997 might be in competition with private busi- Defense Department policy ‘‘becoming more aware of the inefficiency ness began June 9 and were concluded June Quoting the directive from Secretary of and high costs—all things considered—of 16. Defense Wilson which stated that it was the government operation of business-type fa- A list compiled by the Subcommittee policy of the Department of Defense ‘‘not to cilities and services.’’ noted 86 commercial and industrial activi- engage in the operation of industrial or com- SENATE ties in the federal government. Among them mercial type facilities unless it can be dem- Committee. Subcommittee on Legislative were: 31 manufacturing items (including cof- onstrated that it is necessary for the govern- Program, Government Operations. fee roasting, dentures, sleeping bags, alu- ment itself to perform the required work.’’ Hearing. Aug. 9 on HR 9835. minum and atomic energy); seven fields of Mrs. Harden announced that the first step in Testimony. Otis H. Ellis, general counsel transportation; 26 service activities (includ- putting the directive into effect might be the of National Oil Jobbers Council, objected to ing commissaries, power plants, insurance closing of most of the 61 military plants Armed Services post exchanges running gas- and fish hatcheries); six construction; seven processing scrap iron. oline service stations. He said the bill lacked maintenance; and nine miscellaneous activi- ‘‘teeth’’ but ‘‘is at least a start in the right ties (research and development to fur seal- HOUSE direction.’’ ing); Committee, Government Operations. Other testimony favoring the legislation Testimony Reports. On Feb. 9, 1954, it filed a report (H. Rept. 1197) in which its Subcommittee on was received from American Retail Federa- June 9. First witness was Rep. Clarence J. Intergovernmental Relations recommended tion, National Associated Businessmen, Inc., Brown (R. Ohio) who said military com- ‘‘vigorous’’ action to curb governmental op- and the Investors League of America. missaries presented a ‘‘real threat to free en- erations in commerce and industry. Opposition statements came from three terprise’’ because of their competition with Eleven Democratic members of the Com- AFL groups: International Association of private business. Rowland Jones, Jr., rep- mittee refused to sign the report, objecting Machinists, the Metal Trades Council and resenting the American Retail Foundation, in ‘‘additional views’’ to ‘‘generalization’’ the American Federation of Government said post exchanges were like big depart- and ‘‘hazy conclusions’’ which could make Employees. ment stores except their prices were 25 per the report ‘‘a political document.’’ Bill reported cent lower. The Committee June 16 approved three in- In a discussion of whether the Boston Navy The Committee Aug. 10 reported HR 9835 termediate reports from the Subcommittee Yard’s ropewalk, where Navy rope was made, (S. Rept. 2382) with an amendment in the na- on Intergovernmental Relations regarding should be retained, the Cordagee Institute, a ture of a substitute. its study of the federal government in busi- trade organization, said the mill was unduly Senate Committee recommendations were ness competition with private enterprise. competitive with private industry, costly to to: The reports dealt with government-owned taxpayers, and private enterprise was capa- State clearly the legislative policy that sawmills, plants for processing ferrous scrap, ble of filling government needs at reasonable the federal government ‘‘desires to encour- and the like. prices. age private competitive enterprise to the Rep. Thomas P. O’Neill, Jr., (D. Mass.) said Government steel plant maximum extent compatible with national he believed the ropewalk operation should In the report on iron and steel the Sub- security’’ and that the government shall not continue. David Himmelfarb, representing committee said the armed services and engage in business-type operations in com- employees at the ropewalk, supported reten- Atomic Energy Commission should reevalu- petition with private enterprise except where tion of the operation. ate the need for retaining government-owned necessary. June 10, Craig R. Sheaffer, Assistant Sec- plants for processing iron and steel scrap, Authorize the President to end any com- retary of Commerce, said his Department and that no major equipment should be pur- mercial competitive federal activity not spe- would work with the Subcommittee to mini- chased or installed until this was done. cifically provided for by law, provided the termination would not impair an essential mize instances of unfair government com- LEGISLATION petition. federal operation, adversely affect the na- June 11. Witnesses who testified on in- Hearings. July 14–19 on three related bills, tional security, or result in or contribute to stances where they said the government was H.R. 8832, H.R. 9834, and H.R. 9835, dealing monopolization of trade or commerce. offering unfair completion to private busi- with the matter of government business Provide for Commerce Department exam- nesses were Robert H. North, International competition with private enterprise. ination of complaints of federal competition Association of Ice Cream Manufacturers; Hap Testimony, July 14. Witnesses included with private enterprise, and action toward Holliday, California Retail Grocers; and C.E. Reps. Harden, Frank C. Osmers, Jr. (R. N.J.), eliminating such activities. Herington, Metal Treating Institute. and Thomas B. Curtis (R. Mo.). Provide for a Presidential survey of federal July 15. Witnesses were representatives Liquor sold on Army posts commercial operations, and submission of an and officials of taxpayers’ associations, annual report to Congress on the subject. June 16. The group was told by Benjamin small-business groups, retail federations and Josephs, representing the National Retail industry organizations. GROUP STANDS Liquor Package Stores, Inc., that illegal liq- July 19. Spokesmen for the Departments of National Associated Businessmen, Inc., a uor sales on military posts were cutting in Defense and Commerce and the Budget Bu- group seeking to ‘‘get government out of on private businesses, causing big tax losses, reau testified that federal agencies were business,’’ waged a nationwide campaign for misusing government personnel and disrupt- placing government contracts and produc- passage of HR 3832, a bill introduced by Rep. ing distribution of alcoholic beverages. tion into competitive free enterprise where Frank C. Osmers, Jr. (R. N.J.) to achieve this Clem D. Johnston, a vice president of the possible, particularly activities previously objective. Chamber of Commerce of the U.S., called for performed by the federal government. The Chamber of Commerce of the United a complete review and curtailment of the Bill reported States announced July 30 it had sent a letter ‘‘Defense Department’s vast empire of com- to Sen. Joseph R. McCarthy (R Wis.), chair- mercial and industrial enterprise.’’ He said The Committee July 21 reported a bill man of the Senate Government Operations that Department was competing with private (H.R. 9835—H. Rept. 2441) designed to get the Committee, urging passage of legislation enterprise ‘‘in nearly very segment of our government out of commercial activities being considered by his group which, the economy.’’ that were in competition with private enter- Chamber said, would curb government com- Thomas B. Crowley of San Francisco, rep- prise. petition with private business. The letter de- resenting West Coast tugboat and marine As reported, the bill carried the following clared that S. 3794 or a similar House bill salvage operators, urged that the Navy be re- provisions: (HR 9835) would ‘‘help identify government moved from the salvage business. He said Declare it the policy of Congress that the products and services which business and in- private business could do it more efficiently Federal government should not engage ‘‘in dustry can provide fully as well.’’ and cheaply. business-type operations competitive with Mr. THOMAS. In 1954, the House of Wilson takes action private enterprise’’ except when there was a proven necessity for it. Representatives passed a bill numbered Secretary of Defense Charles E. Wilson Request the President to make a survey, H.R. 9835, legislation to require the ex- Dec. 15, 1953 ordered the military services to through the Commerce Department, of gov- discontinue iron and steel processing and ecutive branch to increase its reliance ernment commercial activities with a view other business activities which could be per- on the private sector—1954. Among the to ending those not essential. The President, formed satisfactorily by private firms. concerns addressed by the bill were however, would not be permitted to termi- Rep. Cecil M. Harden (R. Ind.), chairman of nate any activities expressly authorized by manufacturing, construction and serv- the Intergovernmental Relations Sub- Congress. ice activities of the Federal Govern- committee, said Dec. 23 the National Coffee Provide that the President make an annual ment. Final action on the bill was Association had recommended that the gov- report to Congress on these operations. dropped only upon assurance from the ernment close its coffee roasting plants and utilize the services of commercial roasters FLOOR ACTION Executive Branch that it would imple- exclusively. Mrs. Harden said that this step The House passed HR 9835 by voice vote ment the policy administratively. Bu- would ‘‘save millions of dollars to the gov- July 24 without floor amendments. Rep. Wil- reau of the Budget Bulletin 55–4 was is- ernment annually.’’ liam L. Springer (R Ill.) said the nation was sued in 1955, prohibiting agencies from May 5, 1997 CONGRESSIONAL RECORD — SENATE S3937 carrying on any commercial activities In summary, let me say again I think though the State has lost 3,000 of such which could be provided by the private it is a shame we simply go on year jobs since 1990. Textile and apparel jobs sector. Unfortunately, today we face after year talking about the same are predominantly located in the exactly the same problems Congress agenda over time, the same kind of State’s more rural counties and are faced in 1954. The Federal Government Government operation, without taking critical to the local economies. Addi- continues not only to compete with the a look at some of the ways it could be tionally, these workers may not have private sector by providing its own changed. The private sector operates the assets to relocate or the skills to goods and services but it also competes differently, it has to evolve over time. easily transfer to another manufactur- with the private sector to provide If it does not change, it bows out; it ing sector. those goods and services for some other goes out of business. I believe that even the strongest sup- unit of Government or to other private So there is a compelling reason to porters of laissez-faire economic sector entities. Of course, that unfair make the changes. The Government by ideologies must recognize the wisdom competition kills private-sector jobs, its nature—and there is nothing wrong of negotiating trade agreements that stifles the economy, erodes the tax with the people; it is the nature of the avoid vast costs to, and unfair burdens base, and hurts small business. beast—does not change unless there are on, particular segments of our econ- One of the top issues the last several changes forced upon it, and, frankly, omy. I am not advocating some out- times the small business community programs are developed and they have moded retreat to protectionism. The has held their White House con- an advocacy in the country and they United States must advocate open mar- ference—in 1980, 1986, and 1994—was just do not change. I think that is our ket and, at the same time, promote an provision for an opportunity to fairly responsibility. It is our responsibility equitable and fair trade system in compete. To do that, of course, you to evaluate the effectiveness, to evalu- which the American people have faith, ate not only what is done or how many have to have a process which takes in which American industries have a dollars are spent but results. We are in into account all of the costs for the chance to compete, and which will cur- the process now of implementing a re- Federal Government and the private tail the shipping of American jobs sult-oriented law that was passed a sector and consider other issues like overseas. past performance in order to have a couple of years ago, and by this spring In this regard, I believe that the Cus- fair comparison. It also means over each agency is to have a fundamental, toms Enforcement and Market Access time an agency, if it were going to do systemic plan that measures results. Act will provide the necessary impetus a lot of contracting, would change its My bill is consistent with that effort. to remove the current obtrusive trade structure. Instead of being designed to Mr. President, I urge my fellow Mem- barriers from the textile and apparel perform these functions and contract bers of the Senate to consider some industry, and invigorate the industry’s out, you would pare the agency down fundamental changes in the Federal ability to effectively compete in the to where its real expertise would be in Government which would allow for global market. The bill’s market-ac- oversight and supervision of functions many of our small businesses to meet cess provisions provide requirements that were to be done. its commercial needs and provide a The bill that we have introduced, better value to American taxpayers for vigorous enforcement of trade which I would like to encourage my fel- than they are currently getting. agreements and for aggressive action low Senators to consider, codifies the Mr. President, I yield the floor and against unfair trade practices by estab- policy that the Government should suggest the absence of a quorum. lishing a Special 301 authority. I have The ACTING PRESIDENT pro tem- rely on the private sector for its com- long been an ardent supporter of Sec- pore. The clerk will call the roll. tion 301 and Super 301, and I believe mercial needs. There are exceptions, of The bill clerk proceeded to call the course—inherently governmental func- that it is essential that the United roll. States Trade Representative have the tions and exemptions for national secu- Mr. STEVENS. Mr. President, I ask rity concerns. In addition, the Federal tools to quickly make unfair trade unanimous consent that the order for practice determinations and then dili- Government, if it can provide a better the quorum call be rescinded. value to the taxpayer, should do it. But gently monitor and enforce corrective The PRESIDING OFFICER (Mr. measures. if the private sector can provide a bet- THOMAS). Without objection, it is so or- This measure also allows reasonable ter value to American taxpayers, it dered. federal investment to help the textile should have a chance to do it. f It also provides for OMB to examine and apparel industry modernize and these issues and establishes an office of THE CUSTOMS ENFORCEMENT AND more effectively compete against over- commercial activities within OMB to MARKET ACCESS ACT seas competitors. I am aware that implement the bill. Mr. BYRD. Mr. President, I am there are many who doubt that the Mr. President, I hope that we do con- pleased to be an original cosponsor of U.S. textile and apparel industries can sider some of these kinds of changes. S. 646, the Customs Enforcement and re-establish themselves to be competi- The climate is right for action. Con- Market Access Act, introduced by the tive global forces and, thus, will oppose gressman DUNCAN, with whom the Sen- senior Senator from Kentucky, Mr. this modest investment. I, however, do ator from Kansas and I both served in FORD. This measure would provide the not doubt the abilities and spirit of the House, has introduced a companion American textile and apparel industry these workers, just as I never doubted bill. The Senate is already on record in with clear oversight and enforcement the ability of this nation’s steel work- support of this bill. Last year, the Sen- of U.S. trade law, and the means to mo- ers, who, against enormous odds, have ate voted 59 to 39 in favor of an amend- bilize the industry’s capability to com- today reclaimed their position as world ment to the Treasury, Postal appro- pete in the increasingly competitive class producers, following many years priations bill that would have pre- global market. of struggle and uncertainty. I ask my vented unfair Government competi- For years, the U.S. textile and ap- colleagues to carefully weigh such a tion. Unfortunately, it was dropped parel sectors have been struggling to small investment and its possible re- from the omnibus appropriations bill. overcome the burdens of trade agree- turns against the billions we expend It should be a high priority. We ought ments that appear to mercilessly alter annually on various corporate welfare to be doing some of these things that the textile and apparel quotas and tar- schemes for multimillion dollar indus- create fundamental change in the Fed- iffs systems, without offering the tries. eral Government. We are going to seek synergies necessary to compete under Crafting trade policies that balance to balance the budget. We will see in the new rules. Unfortunately, these domestic and international economic the future the benefit of setting those burdens are magnified by unfair com- objectives is not easy. I hope that my kinds of priorities. If we could save $30 petition caused by overseas producers colleagues will join me in supporting billion annually through this concept, who seek to exceed and bypass these the Customs Enforcement and Market that is a sizable amount of savings same negotiated agreements. Access Act, which I believe accurately which could be transferred to some- In West Virginia, 2,900 textile and ap- assesses the challenges of the global thing else or help balance the budget. parel jobs continue to survive, al- market and adequately provides the S3938 CONGRESSIONAL RECORD — SENATE May 5, 1997 tools necessary to improve the com- I am proud that Chicago is taking the They represent the States involved, petitive position of the U.S. textile and lead in holding the first Family Peace and I will leave it to them to comment apparel industry. Day and I look forward to communities on the specific situations in their own In behalf of the textile and apparel around the country joining in with States. workers in West Virginia, and the na- their own Family Peace Day activities. Our committee worked to target tion, I am proud to be a cosponsor of f spending in this bill to the agencies the Customs Enforcement and Market and accounts that are responding to Access Act. I thank Senator FORD for CONCLUSION OF MORNING these crises now. The $5.5 billion pro- his leadership in introducing the bill. BUSINESS vided for emergency relief exceeds the f The PRESIDING OFFICER. Under President’s request by $2.5 billion. Some of these funds will not be spent FAMILY PEACE DAY the order, morning business is closed. f this fiscal year. We sought to use the Ms. MOSELEY-BRAUN. Mr. Presi- best estimates we could, but in many dent, I ask my colleagues to join me in SUPPLEMENTAL APPROPRIATIONS cases it will be weeks or months until recognizing the first-annual Family AND RESCISSIONS ACT OF 1997 a final assessment of damages can be Peace Day in Chicago, IL. The PRESIDING OFFICER. The Sen- made in these disaster areas. The goal of Family Peace Day is to ate will now proceed to consideration As has been widely reported, there focus attention on domestic abuse is- of S. 672, which the clerk will report. are some controversial measures in sues, how to combat domestic violence The bill clerk read as follows: this bill. I do thank all my colleagues and build healthy families, to address on the Appropriations Committee for legal issues and to inform Illinois citi- A bill (S. 672) making supplemental appro- their cooperation during the markup priations and rescissions for the fiscal year zens of the resources available to com- ending September 30, 1997, and for other pur- last week. One clear conclusion we bat domestic violence. poses. reached was that not all the funds in Family Peace Day is a joint project this bill will be directed to the most re- The Senate proceeded to consider the of the Women’s Bar Association of Illi- cent disasters. We have witnessed a bill. nois and the Black Women Lawyers’ steady increase in the Presidential dis- The PRESIDING OFFICER. The Association of Greater Chicago, Inc. aster recommendations, which have Chair recognizes the Senator from Chicago Mayor Richard M. Daley, Jus- radically increased disaster relief Alaska. tice Mary Ann G. McMorrow of the Illi- costs. In addition, the President has nois Supreme Court, Chief Judge Don- PRIVILEGE OF THE FLOOR waived the matching requirement on ald O’Connell of the Circuit Court of Mr. STEVENS. Mr. President, I ask many of the programs involved, adding Cook County, and Cook County Board unanimous consent that the privilege to the Federal costs for these disasters. President John H. Stroger, Jr., are of the floor be granted to the appro- We cannot and will not try to solve serving as honorary cochairs. Addi- priations staff as listed on the request this problem on this bill, but it is tional supporters include Attorney that I send to the desk. something I believe must be addressed General James Ryan, Chicago Metro- The PRESIDING OFFICER. Without by Congress. There ought to be a clear politan Battered Women’s Domestic objection, it is so ordered. understanding and a clear yardstick for Violence Network, Chicago Public The list is as follows: disasters, regardless of the area in- Schools, Chief Judge Donald Majority clerks: Becky Davies, Jim volved. O’Connell’s Domestic Violence Coordi- Morhard, Mary Beth Nethercutt, Alex Flint, All new spending in this bill is offset nating Council, Cook County State’s Robin Cleveland, Bruce Evans, Craig Hig- by corresponding rescissions or budget Attorney Richard Devine, the Depart- gins, Christine Ciccone, Sid Ashworth, Wally authority or canceling spending au- ment of Children and Family Services, Burnett, Tammy Perrin, and Jon Kamarck. thority. This is sort of complicated. Illinois Family Violence Coordinating Also, Lisa Sutherland, Dona Pate, Susan For budget scoring purposes, the disas- Hogan, Jay Kimmitt, Carrie Apostolou, Mar- Council, and many legal, judicial, tha Poindexter, Kevin Linsky, and Paddy ter-related spending will be treated as health care, social service and non- Linc. an emergency. Those outlays will not profit organizations, including the count against this year’s budget limits. Mr. STEVENS. Mr. President, this American Medical Association, the Part of this difference relates to how bill covers several subcommittees. It is Archdiocese of Chicago, the Chicago CBO scores appropriations bills. The just easier to do it that way. Police Department, the Council for the Congressional Budget Office has a The PRESIDING OFFICER. The Sen- Jewish Elderly, the John Marshall Law unique approach. When we appro- ator from Alaska is recognized. School, the Mujeres Latinas En Accion, priated funds for military personnel in and the Peace Museum. I commend Mr. STEVENS. Mr. President, it is September, the Congressional Budget these individuals and organizations for my privilege to present to the Senate Office scored those outlays—the money working together to help victims of do- S. 672, which provides emergency sup- would actually be spent under the au- mestic abuse and to teach individuals plemental appropriations for numerous thorizations that were previously given how to combat domestic violence and natural disasters and defense overseas by Congress—they were scored at 98 build healthy families. contingencies. This is my first oppor- percent. Yet, when we rescind those The Family Peace Day activities will tunity to come before the Senate as same funds in this bill, the Congres- begin with a press conference kickoff chairman of the Appropriations Com- sional Budget Office process credits the rally and award presentation to Chi- mittee, and I am very proud that this committee with only 25 percent of the cago public school student winners of first bill from our committee focuses outlays as savings to offset the money poetry, prose, and poster contests de- on assisting our fellow citizens in need. spent. It is the same dollar, but we picting their vision of a healthy fam- I am humbled to be here with my good only get a portion of the credit. The ily. There will be an Expo consisting of friend from West Virginia, the distin- moneys have already been spent; that booths providing the public free legal guished former majority leader, minor- is the problem. The bias of the CBO and medical advice and counseling or ity leader, chairman of our Appropria- process makes offsetting outlays a referrals from social service providers, tions Committee, and now the ranking daunting task this late in the fiscal health care providers, and attorneys member of the Appropriations Commit- year. practicing family law. At noon there tee. I can think of no one I have stud- Our committee did not recommend will be a luncheon awards ceremony at ied under longer than Senator BYRD. It general cuts against agencies to offset the Palmer House Hilton, sponsored by is a privilege to be here to present this these disaster funds, and I urged Mem- the Circuit Court of Cook County, to bill with him today. bers not to propose reductions against honor those who have made significant Our committee reported this bill on the operating accounts of agencies. The contributions to the administration of Wednesday, and the report has been disaster relief funds proposed in the justice in the areas of domestic vio- available since last Thursday for Mem- bill are not targeted or earmarked for lence and abuse. bers. Many of our colleagues will com- any region of the country. Again, I ask There can be no more important goal ment later on the terrible events which our colleagues to follow the sugges- than healthy, safe, and strong families. precipitated this disaster relief bill. tions the Appropriations Committee May 5, 1997 CONGRESSIONAL RECORD — SENATE S3939 made and hold to this practice during I want to assure the Senate and the This amount is $359 million more than the consideration of this bill. The Department that our committee will requested by the administration, but is needs of all persons and communities tirelessly work to ensure that any of fully supported by the President since impacted by these crises are real and our forces deployed in the field have the committee’s recommendation cov- pressing. Mr. President, some of these everything they need to fight and win ers the most recent estimates of high- disasters occurred last year, some this and maintain their safety in any con- way damages. year. I do not believe we should—and I flict. Their deployment, however, can- For the emergency conservation pro- will oppose attempts to—tie the funds not be without the participation of gram, an appropriation of $77 million is of agencies responsible for providing Congress. Ultimately we are called included, together with $161 million for relief to the impacted regions. There is upon to pay the bill for such deploy- watershed and flood prevention oper- still much unknown about these disas- ments. ations. For the Economic Development ters, as I said before. I do not believe We have had some disagreements Administration, the bill contains an we should second-guess, nor should we with regard to this bill. I do not think appropriation of $54.7 million for emer- micromanage from Congress, relief ef- there has been any question, however, gency grants. forts at this stage. Once more precise that all concerned wanted to report The bill also contains over $500 mil- recovery plans are developed, we will this bill to the Senate as quickly as lion for flood control and operations have an opportunity in the fiscal year possible to meet the needs that I have and maintenance accounts of the Corps 1998 bills, which will be presented later spoken about. I hope the bill marks the of Engineers, and $187 million for emer- this year, to address some additional commencement of a long and fruitful specific needs. gency repairs of national parks, prin- partnership among all members of the cipally at Yosemite National Park. The bill also includes $1.8 billion for Appropriations Committee serving dur- defense contingency operations. Ear- There is an appropriation of $91 million ing this Congress. I do believe that this lier this year, I went with a delegation for construction activities of the Fish bill can be completed by tomorrow of Senators to Bosnia and to Southwest and Wildlife Service for damages to evening, or Wednesday at the latest. It Asia to review United States military their resources due to flooding and will, of course, be our practice to await operations there. We returned dis- storms around the country. For the turbed by the lack of concern about the the passage of the bill in the House be- U.S. Forest Service, $68 million is pro- costs of the operations by our regional fore we take final action on this bill. vided for repairs, reconstruction, and commanders. My staff and I have been And I do hope all Senators will help us restoration of their roads, facilities, working since January with the comp- work toward the goal of being prepared fish and wildlife habitats, etc. troller at the Department of Defense to send the bill to conference as soon Finally, as recommended by the and the Joint Chiefs of Staff to estab- as the House has sent us their appro- President, the bill contains $100 million lish procedures and controls to help priations bill for these disasters. for community development block control and monitor spending for over- Mr. President, I yield the floor. grants, or CDBGs, to assist commu- The PRESIDING OFFICER. The Sen- seas deployments. This committee re- nities throughout the Nation with ator from West Virginia. port before the Senate reduced the their emergency expenses in dealing Mr. BYRD. Mr. President, as every funds requested for overseas operations with the tragic circumstances facing Senator is aware, over the past winter by $100 million. Already, to his great them as a result of these natural disas- and now into spring, the Nation has credit, Secretary Cohen has reduced ters. been besieged by numerous natural dis- unneeded units in both Bosnia and asters that have wreaked havoc on In all, Mr. President, some 33 States, southwest Asia, and I believe more sav- hundreds of communities across the including my own State of West Vir- ings will be achieved during this fiscal country and have affected the lives of ginia, will qualify for these disaster as- year. hundreds of thousands of our citizens. sistance funds. In the case of unforeseen emer- The bill also contains appropriations gencies, our bill includes an additional The damages from these disasters in terms of financial losses run into the totaling over $1.8 billion for continuing $100 million in reprogramming author- operations by the Department of De- ity for the Department of Defense. In billions of dollars. Many people have lost many, if not all, of their worldly fense in Bosnia and Southwest Asia, as the past, the administration has in- well as other non-emergency discre- creased spending on these overseas op- possessions, things that they worked for for a lifetime. Not only their homes tionary appropriations, including $58 erations without any consultation with million for WIC, $31 million for the Dis- Congress. and personal possessions have been de- stroyed, but in many cases, entire com- trict of Columbia, and $100 million for The commanders in the field dis- payments to the United Nations. cussed with the Senators I was with munities have been wiped out, leaving It is important to note that all of the and myself, in January, in Bosnia, in many citizens with no means of liveli- fiscal year 1997 discretionary amounts Kuwait, in Saudi Arabia, and in con- hood. provided in the bill have been offset by nection with the Bosnia operation in It is only fitting that the President budget authority cuts. The full both Hungary and Italy, commitments and the Senate should move as quickly of 20 to 30 years for procurement for as is humanly possible to address the amounts of emergency appropriations, these overseas deployments. They did financial costs of these disasters and $5.5 billion, the nearly $1.8 billion in so without the slightest concern or thereby, hopefully, help to lift the spir- DoD appropriations, and the $273 mil- hesitation about the costs involved. I its of those who have lost so much. lion in regular, non-DoD supplementals believe that is a process that should The bill now before the Senate con- have all been fully offset. stop. Spending on contingencies does tains more than $5.5 billion for the var- While I do not subscribe to the no- not mean giving military commanders ious disaster assistance programs tion that emergency appropriations for a blank check to commit us to expendi- throughout the Federal Government to disaster assistance should have to be tures far into the years to come for de- provide relief for the communities and offset, I congratulate the chairman and ployments which have never been ap- the citizens of those communities who the various subcommittee chairmen proved by Congress. have suffered devastation from these and ranking members who searched for In fiscal year 1998, we will take spe- historic natural disasters. The largest and found offsets sufficient to fully cific steps to ensure fiscal concerns are single amount, $3.5 billion, will go to cover the entire budget authority rec- addressed on all peacekeeping oper- the Federal Emergency Management ommended in this bill. ations. The Department of Defense now Agency, FEMA, which has a major re- I understand the administration is refers to missions such as Bosnia and sponsibility in providing disaster re- also supportive of these offsets, the Southwest Asia as, ‘‘operations other lief. In addition, the bill provides $650 principal one being a rescission of $3.6 than war.’’ Unfortunately, some spend- million for emergency highway repairs billion from HUD’s Section 8 housing ing practices of the Department, and resulting from floods in the western, program. These funds apparently can- particularly the regional commanders, midwestern, northern plains and mid- not be obligated this fiscal year and, assume wartime needs and are driven Atlantic regions of the Nation between consequently, can be rescinded without by wartime needs. December of 1996 and April of this year. causing undue harm to this program. S3940 CONGRESSIONAL RECORD — SENATE May 5, 1997 The bill also contains a mandatory Mr. President, I close by asking, why my fellow Senators in the flood area to appropriation of $753 million for veter- is it that the majority has chosen this assess how to address the needs of ans’ compensation and pensions. This bill, of all bills, to attach certain ob- these deserving people. Part of our ef- amount is needed to pay for an in- jectionable amendments which the ma- fort has been to get the funds and as- creased caseload in this area, as well as jority knows are controversial and sistance to rebuild through the supple- the cost-of-living adjustment enacted which will cause a Presidential veto? I mental appropriations bill that will, last year for compensation benefits. am not an advocate of even the con- hopefully, pass today or tomorrow or Senators should also be aware that stitutional Presidential veto, and, of Wednesday at the latest. Part of it has the committee recommends an in- course, I am adamantly opposed to the been to listen to the concerns of our crease in the 1997 highway obligation line-item veto. But in the case of the constituents and to make sure that limit of $933 million. This is some $615 constitutional Presidential veto, I am they do get speedy assistance from the million more than requested by the ad- not an advocate of it but I certainly agencies that are administering the ministration, but it is necessary to en- would expect and would hope that the State and Federal relief efforts. sure that no State receives less Fed- President would veto this bill if the While I have been involved in many eral-aid highway apportionments than automatic CR provision remains in it efforts to ease the suffering of my con- it got in 1996. Finally, the bill advances when it reaches his desk. What justifi- stituents, I am here today to offer as appropriations of $198 million for title I able reason can there be to hold this an amendment to the supplemental ap- education funding for fiscal year 1998. disaster assistance bill hostage to such propriations bill, along with my col- So, in carrying out its responsibil- riders that have nothing to do with the league from South Dakota, Senator ities in providing these desperately basic purposes of the bill? JOHNSON, the Depository Institution needed funds to hundreds of thousands Meanwhile, the hundreds of thou- Disaster Relief Act. This amendment of citizens in a fiscally responsible sands of victims in 33 States who are will complement the other relief ef- way, the committee has done well and suffering from the ravages of the disas- forts by making it easier for farmers, I congratulate the chairman, Senator ters which this bill addresses will pos- homeowners, small businesses and STEVENS, as well as the subcommittee sibly have to wait. It suits the political local governments to rebuild from the chairmen and ranking members, who agenda of the majority to have this devastation that has been brought by have primary responsibility over var- delay and the confrontation with the the floods. ious portions of the bill. President, perhaps, and unless these AMENDMENT NO. 54 Unfortunately, Mr. President, the matters are resolved here, or in con- (Purpose: To facilitate recovery from the re- bill reported by the committee con- ference with the House, we may have cent flooding across North Dakota, South tains several non-emergency, con- to go through the veto process before Dakota, and Minnesota by providing great- troversial provisions which, if not re- we will be able to get these funds en- er flexibility for depository institutions moved prior to the bill’s being pre- acted and out to the people who so des- and their regulators, and for other pur- sented to the President, will cause him perately need this assistance. poses) to veto the bill. There is no question So, I entreat my colleagues to Mr. GRAMS. Mr. President, I send an about it, the President will veto S. 672, rethink their positions on such con- amendment to the desk and ask for its the pending measure, unless at least troversial, unrelated matters which immediate consideration. some of these objectionable provisions have no business being included on this The PRESIDING OFFICER. The are removed. I have here a letter ad- bill. It is not too late to resolve these clerk will report the amendment. dressed to me from the Director of the issues in ways that will remove the The assistant legislative clerk read Office of Management and Budget, likelihood that the President will veto as follows: Franklin D. Raines, which addresses this disaster assistance bill. The Senator from Minnesota [Mr. GRAMS], the administration’s concerns in a I, again, congratulate the chairman for himself and Mr. JOHNSON, proposes an amendment numbered 54. number of areas. Principal among of the committee, Mr. STEVENS, my those concerns is the so-called ‘‘auto- long-time friend, the Senator from Mr. GRAMS. Mr. President, I ask matic CR’’ language contained in title Alaska, and I congratulate all of the unanimous consent that the reading of VII of the pending measure. That pro- subcommittee chairmen and ranking the amendment be dispensed with. vision was debated during the commit- members. I yield the floor. The PRESIDING OFFICER. Without tee markup, after which my motion to Mr. GRAMS addressed the Chair. objection, it is so ordered. strike the provision failed on a party- The PRESIDING OFFICER. The Sen- The amendment is as follows: line vote of 13 yeas to 15 nays. I shall ator from Minnesota. At the appropriate place, insert the follow- have more to say about this title and Mr. GRAMS. Mr. President, as you ing new title: the reasons why I believe it should be know, over the past several weeks, TITLE ll—DEPOSITORY INSTITUTION stricken from the bill as the debate towns and farms in Minnesota, North DISASTER RELIEF unfolds on S. 672. Dakota and South Dakota have been SEC. ll01. SHORT TITLE. A number of the other provisions in battered by the floodwaters of the Red This title may be cited as the ‘‘Depository this bill to which the administration River. It is impossible to describe the Institution Disaster Relief Act of 1997’’. ll objects were discussed during the com- SEC. 02. TRUTH IN LENDING ACT; EXPEDITED devastation that the flooded Red River FUNDS AVAILABILITY ACT. mittee markup, with several Senators is causing in Minnesota and North Da- (a) TRUTH IN LENDING ACT.—During the 180- indicating their intentions to offer kota, because the enormity of the dam- day period beginning on the date of enact- floor amendments on those provisions. age, so far, is far beyond what anyone ment of this Act, the Board may make ex- Among those provisions are: one, a pro- has ever put into words. ceptions to the Truth in Lending Act (15 vision prohibiting the Department of The lives of those who live in the U.S.C. 1601 et seq.) for transactions within an Commerce from developing a plan for flooded areas have been shattered. En- area in which the President, pursuant to sec- the 2000 decennial census that would tire communities—homes, schools, tion 401 of the Robert T. Stafford Disaster churches, hospitals, libraries—have lit- Relief and Emergency Assistance Act (42 use sampling; two, a provision that U.S.C. 5121 et seq.), has determined that a would waive certain portions of the En- erally been washed away. Thousands of major disaster exists, or within an area de- dangered Species Act; three, a provi- residents have no home to go to, so termined to be eligible for disaster relief sion relating to the promulgation of they crowd into shelters, unsure yet of under other Federal law by reason of damage rules on RS2477; and, finally, a provi- what the river will leave behind when related to the 1997 flooding of the Red River sion establishing a block grant to it finally releases its hold. Many can- of the North and its tributaries, if the Board states to assist legal immigrants losing not sleep because there is so much un- determines that the exception can reason- their SSI and Medicaid eligibilities. certainty. They cannot bathe because ably be expected to alleviate hardships to Additionally, I understand that there there is no running water. They cannot the public resulting from such disaster that outweigh possible adverse effects. are several other possible controversial make plans because there are so many (b) EXPEDITED FUNDS AVAILABILITY ACT.— floor amendments which may be pro- unanswered questions. During the 180-day period beginning on the posed by various Senators on a variety Mr. President, I have been working date of enactment of this Act, the Board of issues. with the Governor of Minnesota and may make exceptions to the Expedited May 5, 1997 CONGRESSIONAL RECORD — SENATE S3941 Funds Availability Act (12 U.S.C. 4001 et (A) any requirement of section 553 of title amount attributable to insurance proceeds’’ seq.) for depository institution offices lo- 5, United States Code; or means the amount (if any) by which the in- cated within any area referred to in sub- (B) any provision of law that requires no- stitution’s total assets exceed the institu- section (a) if the Board determines that the tice or opportunity for hearing or sets maxi- tion’s average total assets during the cal- exception can reasonably be expected to alle- mum or minimum time limits with respect endar quarter ending before the date of any viate hardships to the public resulting from to agency action. determination referred to in section such disaster that outweigh possible adverse (2) PUBLICATION REQUIREMENTS.—Make ex- ll03(1)(A), because of the deposit of insur- effects. ceptions, with respect to institutions or ance payments or governmental assistance (c) TIME LIMIT ON EXCEPTIONS.—Any excep- other entities for which the agency is the made with respect to damage caused by, or tion made under this section shall expire not primary Federal regulator, to— other costs resulting from, the major disas- later than the earlier of— (A) any publication requirement with re- ter. (1) 1 year after the date of enactment of spect to establishing branches or other de- Mr. GRAMS. Mr. President, the De- posit-taking facilities; or this Act; or pository Institution Disaster Relief (2) 1 year after the date of any determina- (B) any similar publication requirement. tion referred to in subsection (a). (b) PUBLICATION REQUIRED.—Not later than Act will help speed up the pace of re- (d) PUBLICATION REQUIRED.—Not later than 90 days after the date of an action under this covery for flooded farms and towns. 60 days after the date of a determination section, a qualifying regulatory agency shall Our amendment will permit home- under subsection (a), the Board shall publish publish in the Federal Register a statement owners, farmers, and small businesses in the Federal Register a statement that— that— to have faster access to a larger pool of (1) describes the exception made under this (1) describes the action taken under this credit from the banks and credit section; and section; and unions that serve their communities by (2) explains how the exception can reason- (2) explains the need for the action. ably be expected to produce benefits to the (c) QUALIFYING REGULATORY AGENCY DE- ensuring that there will be no regu- public that outweigh possible adverse ef- FINED.—For purposes of this section, the latory roadblocks to local lending. It fects. term ‘‘qualifying regulatory agency’’ will permit Federal banking and credit means— SEC. ll03. DEPOSIT OF INSURANCE PROCEEDS. union regulators to make temporary (1) the Board; exceptions to current laws that act to The appropriate Federal banking agency (2) the Office of the Comptroller of the Cur- may, by order, permit an insured depository rency; reduce access to banks and credit institution, during the 18-month period be- (3) the Office of Thrift Supervision; unions in disaster areas. It will also ginning on the date of enactment of this Act, (4) the Federal Deposit Insurance Corpora- permit Federal regulators to provide to subtract from the institution’s total as- tion; temporary relief from regulations so sets, in calculating compliance with the le- (5) the Federal Financial Institutions Ex- that it will be easier for flood victims verage limit prescribed under section 38 of amination Council; to get loans. the Federal Deposit Insurance Act (12 U.S.C. (6) the National Credit Union Administra- 1831o), an amount not exceeding the qualify- The temporary regulatory relief of- tion; and fered by this bill is strictly limited to ing amount attributable to insurance pro- (7) with respect to chapter 53 of title 31, ceeds, if the agency determines that— United States Code, the Secretary of the those counties in Minnesota, North Da- (1) the institution— Treasury. kota, and South Dakota that have been (A) had its principal place of business with- SEC. ll05. SENSE OF THE CONGRESS. declared Federal disaster areas. Be- in an area in which the President, pursuant It is the sense of the Congress that each cause of its targeted scope and limited to section 401 of the Robert T. Stafford Dis- Federal financial institutions regulatory duration, it will permit flood victims aster Relief and Emergency Assistance Act, agency should, by regulation or order, make to rebuild their homes, farms, and busi- has determined that a major disaster exists, exceptions to the appraisal standards pre- or within an area determined to be eligible nesses without compromising the in- scribed by title XI of the Financial Institu- tegrity of our banking system. for disaster relief under other Federal law by tions Reform, Recovery, and Enforcement reason of damage related to the 1997 flooding Act of 1989 (12 U.S.C. 3331 et seq.) for trans- When I served in the House of Rep- of the Red River of the North and its tribu- actions involving institutions for which the resentatives, I authored similar legis- taries, on the day before the date of any such agency is the primary Federal regulator with lation in 1993 during the Mississippi determination; respect to real property located within a dis- River flooding. My legislation received (B) derives more than 60 percent of its aster area pursuant to section 1123 of the Fi- bipartisan support and was signed into total deposits from persons who normally re- nancial Institutions Reform, Recovery, and law by President Clinton as part of the side within, or whose principal place of busi- Enforcement Act of 1989 (12 U.S.C. 3352), if ness is normally within, areas of intense dev- the agency determines that the exceptions supplemental appropriations bill for astation caused by the major disaster; can reasonably be expected to alleviate hard- disaster relief. Since this legislation (C) was adequately capitalized (as defined ships to the public resulting from such disas- worked well to help flooded commu- in section 38 of the Federal Deposit Insur- ter that outweigh possible adverse effects. nities rebuild in 1993, I am here to urge ance Act (12 U.S.C. 1831o)) before the major SEC. ll06. OTHER AUTHORITY NOT AFFECTED. my colleagues to again support this disaster; and Nothing in this title limits the authority amendment to the supplemental appro- (D) has an acceptable plan for managing of any department or agency under any priations bill. the increase in its total assets and total de- other provision of law. Mr. President, I ask unanimous con- posits; and SEC. ll07. DEFINITIONS. (2) the subtraction is consistent with the For purposes of this title, the following sent that a summary of this amend- purpose of section 38 of the Federal Deposit definitions shall apply: ment’s provisions be printed in the Insurance Act (12 U.S.C. 1831o). (1) APPROPRIATE FEDERAL BANKING AGEN- RECORD. SEC. ll04. BANKING AGENCY PUBLICATION RE- CY.—The term ‘‘appropriate Federal banking There being no objection, the sum- QUIREMENTS. agency’’ has the same meaning as in section mary was ordered to be printed in the (a) IN GENERAL.—During the 180-day period 3 of the Federal Deposit Insurance Act (12 RECORD, as follows: beginning on the date of enactment of this U.S.C. 1813). DEPOSITORY INSTITUTION DISASTER RELIEF Act, a qualifying regulatory agency may (2) BOARD.—The term ‘‘Board’’ means the ACT OF 1997 take any of the following actions with re- Board of Governors of the Federal Reserve spect to depository institutions or other reg- System. Purpose ulated entities whose principal place of busi- (3) FEDERAL FINANCIAL INSTITUTIONS REGU- Over the past several weeks, towns and ness is within, or with respect to trans- LATORY AGENCY.—The term ‘‘Federal finan- farms in Minnesota, North Dakota and actions or activities within, an area in which cial institutions regulatory agency’’ has the South Dakota have been demolished by the the President, pursuant to section 401 of the same meaning as in section 1121 of the Fi- flood waters of the Red River of the North, Robert T. Stafford Disaster Relief and Emer- nancial Institutions Reform, Recovery, and its tributaries, and other rivers. Because of gency Assistance Act, has determined that a Enforcement Act of 1989 (12 U.S.C. 3350). the extreme level of flood damage, President major disaster exists, or within an area de- (4) INSURED DEPOSITORY INSTITUTION.—The Clinton has declared these areas to be eligi- termined to be eligible for disaster relief term ‘‘insured depository institution’’ has ble for federal disaster relief pursuant to under other Federal law by reason of damage the same meaning as in section 3 of the Fed- Section 401 of the Disaster Relief and Emer- related to the 1997 flooding of the Red River eral Deposit Insurance Act (12 U.S.C. 1813). gency Assistance Act. of the North and its tributaries, if the agen- (5) LEVERAGE LIMIT.—The term ‘‘leverage The Depository Institution Disaster Relief cy determines that the action would facili- limit’’ has the same meaning as in section 38 Act (‘‘DIDRA’’) will significantly speed up tate recovery from the major disaster: of the Federal Deposit Insurance Act (12 the pace of recovery for the flooded farms (1) PROCEDURE.—Exercise the agency’s au- U.S.C. 1831o). and towns. DIDRA will permit homeowners, thority under provisions of law other than (6) QUALIFYING AMOUNT ATTRIBUTABLE TO farmers, small-businesses and local govern- this section without complying with— INSURANCE PROCEEDS.—The term ‘‘qualifying ments in the flood disaster areas to have S3942 CONGRESSIONAL RECORD — SENATE May 5, 1997 faster access to a larger pool of credits from Section 4—Authority of Regulators to Act eral regulators of banks, savings associa- the banks, thrifts and credit unions that Quickly to Facilitate Recovery in Disaster tions, and credit unions to make temporary serve their communities. DIDRA will do this Areas exceptions to statutes and regulations that by permitting federal financial institution Within 180 days after the enactment of may hamper the reopening of these institu- regulators to make temporary exceptions to DIDRA, a qualifying regulatory agency is tions, slow down the lending process, and re- current laws that (1) hamper the ability of given the flexibility to take any actions per- duce the availability of credit. This author- banks, thrifts and credit unions to reopen mitted under its existing statutory author- ity is intended to facilitate providing much their doors to depositors, (2) slow down the ity to facilitate recovery in the disaster area needed financial services to disaster victims, lending process and (3) reduce the availabil- without being delayed or impeded by (1) hav- and would have no adverse effect on the safe- ity of credit. ing to provide a general notice of proposed ty and soundness of depository institutions. We share Congress’s interest in assisting Summary of Provisions rule-making in the Federal Register, (2) hav- ing to hold a hearing, (3) being restricted by the victims of natural disasters and support Section 1—Title of statute time limits with respect to agency action or the passage of S. 652. Sincerely, The bill is called the ‘‘Depository Institu- (4) having to meet certain publication re- quirements. However, within 90 days of tak- JOHN D. HAWKE, JR., tion Disaster Relief Act of 1997’’ (DIDRA). Under Secretary of Domestic Finance. This bill contains provisions that are sub- ing an action, the qualifying regulatory stantially identical to temporary emergency agency must publish in the Federal Register a statement that (1) describes what it did FEDERAL DEPOSIT INSURANCE CORP., relief legislation that was signed into law in Washington, DC, April 29, 1997. 1992 and 1993. and (2) explains the need for the action. Hon. ROD GRAMS, Section 5—Sense of Congress re: Exceptions to Section 2(a)—Exceptions to Truth In Lending U.S. Senate, Appraisal Requirements Act Washington, DC. The Depository Institutions Disaster Re- DEAR SENATOR GRAMS: Thank you for in- The Federal Reserve Board may make ex- lief Act of 1992 (PL 102–485, Oct. 23, 1992) viting the Federal Deposit Insurance Cor- ceptions to the Truth In Lending Act (TILA) amended the Financial Institutions Reform, poration to comment on S. 652, the Deposi- for loans given by a bank, thrift or credit Recovery and Enforcement Act (FIRREA) to tory Institution Disaster Relief Act of 1997 union that is in the disaster area. The excep- give regulators the authority to waive cer- (DIDRA), which would allow the FDIC and tions must be made within 180 days of enact- tain appraisal standards in disaster areas. other federal financial institution regulatory ment of DIDRA, and may only last a maxi- The waiver of certain appraisal standards for agencies flexibility in enforcing capital and mum of one year. For example, this permits real estate loans in disaster areas will (1) other standards for financial institutions lo- the Federal Reserve Board to permit con- permit homes to be rebuilt faster by expedit- cated or doing substantial business within sumers to receive the proceeds from their ing the lending process and (2) lower the cost the flood-affected areas of the Red River of loans 3 days faster by permitting them to of receiving loans to rebuild such homes. the North. sign preprinted forms that waive their 3 day Section 1123 of FIRREA (12 U.S.C. 3353) cur- The FDIC is sensitive to the special needs right of rescission period pursuant to Sec- rently permits the OCC, OTS, FDIC, Federal that accompany natural disasters such as tion 125 of TILA (15 U.S.C. 1635). Reserve Board and NCUA to waive such ap- floods, earthquakes, and major storms, and Section 2(b)—Exceptions to Expedited Funds praisal standards for 3 years in disaster we support the intent of DIDRA to facilitate Availability Act areas. recovery from such disasters. The federal Section 5 of DIDRA states that it is the agencies have been granted and have used The Federal Reserve Board may make ex- sense of the Congress that these federal regu- similar temporary authority during past dis- ceptions to the Expedited Funds Availability lators should exercise their authority under asters. Act (EFAA) to any bank, thrift or credit Section 1123 of FIRREA to temporarily Certain laws and regulations that are bene- union in the disaster area, so that they may waive such standards. ficial and protect public policy interests in restart their check processing operations Section 6—Limitation of DIDRA normal times may hamper an insured insti- sooner. The exceptions must be made within DIDRA shall not limit the authority of any tution’s ability to respond quickly in provid- 180 days of enactment of DIDRA, and may federal agency under any other provision of ing financial services during disasters. We only last for a maximum of one year. For ex- law. have learned in the past, when natural disas- ample, this permits the Federal Reserve ters affect communities, granting very lim- Section 7—Definitions Board to let a bank, thrift or credit union re- ited relief from such laws does not affect the start serving its customers even though the This section defines certain terms used in safety and soundness of insured institutions. disruption from the flooding makes it need DIDRA: (1) appropriate federal banking agen- Insured institutions continue to be subject more than one business day to process cash cy, (2) Board, (3) Federal financial institu- to active supervision and bank management deposits and government checks as required tions regulatory agency, (4) insured deposi- is always expected to act in a prudent man- by Section 603 of EFAA (12 U.S.C. 4002). tory institution, (5) leverage limit, and (6) ner. It is unlikely that regulated institutions qualifying amount attributable to insurance would purposely harm themselves or their Section 3—Exception to the Federal Deposit In- proceeds. surance Act to Permit the Deposit of Insur- customers, or cause a loss to the insurance ance Proceeds in Bank Accounts Mr. GRAMS. Mr. President, the De- fund solely due to the kind of temporary re- pository Institution Disaster Relief lief called for by the legislation. If any insti- Farms, businesses and local governments Act is a carefully crafted amendment. tution were to become involved in unaccept- in the flood disaster areas will be receiving able activities, the federal financial institu- large amounts of insurance proceeds. This It has been reviewed and approved by the Treasury Department, the Federal tion regulatory agencies have substantial en- money will invariably be deposited in banks, forcement powers to compel correction. thrifts and credit unions for a short duration Reserve Board, the Federal Deposit In- The FDIC supports S. 652 as a reasonable until the money is used for rebuilding. Un- surance Corporation, and the Office of proposal to assist communities in their re- fortunately, the depositing of large amounts the Comptroller of the Currency. covery from this natural disaster. I appre- of insurance proceeds may cause banks and I ask unanimous consent that letters ciate the opportunity to comment on this thrifts to be deemed undercapitalized pursu- of support from the Treasury Depart- important issue, and the FDIC stands ready ant to Section 38 of the Federal Deposit In- ment, the Federal Reserve, and the to help in any way it can. Please let me surance (FDIA) (12 U.S.C. 1831o). This could know if you have further questions or con- cause credit to dry up in the disaster areas, FDIC be printed in the RECORD. There being no objection, the letters cerns. as Section 38 would automatically require a Sincerely, were ordered to be printed in the depository institution to file a capital res- RICKI HELFER, toration plan with the FDIC, even if the in- RECORD, as follows: Chairman. surance proceeds were invested in assets cre- DEPARTMENT OF THE TREASURY, ating little additional risk to the depository Washington, DC, May 5, 1997. BOARD OF GOVERNORS, institution. Section 38 of the FDIA would HON. TIM JOHNSON, FEDERAL RESERVE SYSTEM, compel a depository institution to obtain U.S. Senate, Washington, DC, April 28, 1997. formal approval from the FDIC in order not Washington, DC. Hon. ROD GRAMS, to be restricted in its lending policies. Sec- DEAR SENATOR JOHNSON: Thank you for re- U.S. Senate, tion 3 of DIDRA permits the OCC, the Fed- questing the Treasury’s views on S. 652, the Washington, DC. eral Reserve Board, the FDIC and the OTS to Depository Institution Disaster Relief Act of DEAR SENATOR: This letter responds to subtract insurance proceeds from the deposi- 1997, which seeks to speed the recovery of your request for the Board’s views on S. 652, tory institution’s assets when they calculate areas flooded by the Red River of the North ‘‘The Depository Institution Disaster Relief whether the depository institution meets the in Minnesota, North Dakota, and South Da- Act of 1997,’’ which you introduced to help FDIA’s minimum leverage standards (i.e., eq- kota. speed recovery from the recent flooding of uity capitalization requirements). Any ex- In 1992 and 1993, Congress passed similar the Red River in Minnesota, North Dakota, ception that the regulators make to Section legislation in response to natural disasters. and South Dakota. The bill would allow the 38 of FDIA will expire after 18 months. Like those bills, S. 652 would permit the fed- Board to make temporary exceptions to the May 5, 1997 CONGRESSIONAL RECORD — SENATE S3943 requirements of the Truth in Lending and as well, and, of course, to Senator Mr. STEVENS. Very well. Expedited Funds Availability Acts; would GRAMS, my colleague from Minnesota, Mr. President, I ask unanimous con- allow the federal banking agencies to permit who has done extraordinary work on sent that the amendment be tempo- insured institutions to temporarily exclude this legislation. I am proud to join him rarily set aside so that the bill will be certain insurance proceeds from their capital calculations; and would allow the agencies to as a cosponsor of S. 652. open for other amendments. take actions to facilitate recovery without We have had an incredible series of We will await the clearance that Sen- regard to certain procedural requirements, catastrophic events in the Northern ator BYRD has mentioned. I announce such as those of the Administrative Proce- Plains, in Minnesota, North Dakota, that it will be the policy of the com- dure Act. S. 652 also contains a ‘‘Sense of the and South Dakota. It is absolutely es- mittee to have these votes take place, Congress’’ resolution calling on the banking sential that this body move expedi- on any amendments presented today, agencies to use their existing authority to tiously to provide as much assistance at a time to be designated by the ma- waive the appraisal requirements of Title XI as possible to get individuals, families, jority leader, after consultation with of FIRREA. businesses, and local governments back the minority leader, tomorrow. As you know, the proposal closely tracks on their feet. legislation enacted in 1992 and 1993 in the The PRESIDING OFFICER (Mr. wake of earlier natural disasters. Based on This amendment would give the KYL). The Senator asks unanimous our experience in administering those simi- banking regulators the authority to consent to lay aside this amendment? lar laws, the Board believes that S. 652 would cut through red tape to expedite the Mr. STEVENS. Mr. President, I ask provide the regulators with useful flexibility handling of loans and deposits for unanimous consent to lay aside the that would assist in the disaster-recovery banks, credit unions, and savings and Grams amendment for the time being. process. Accordingly, the Board supports its loans in order to move along the re- The PRESIDING OFFICER. Without enactment. building of our part of the country as objection, it is so ordered. Thank you for this opportunity to share quickly as possible. the Board’s views. Mr. STEVENS. Mr. President, I sug- This legislation has the support of gest the absence of a quorum. Sincerely, both FDIC and the Federal Reserve. In ALAN GREENSPAN, The PRESIDING OFFICER. The Chairman. our three States we have suffered vi- clerk will call the roll. tally over these last several months. Mr. GRAMS. Mr. President, this The assistant legislative clerk pro- Hundreds of thousands of livestock amendment has the support of the ceeded to call the roll. have been lost, roads are under water, chairman of the Senate Banking Com- Mr. GRAMS. Mr. President, I ask schools closed, hospitals closed. Fam- mittee, Senator ALFONSE D’AMATO, and unanimous consent that the order for ily businesses are in tremendous stress the quorum call be rescinded. also the ranking member of that com- right now. It is absolutely essential mittee, Senator PAUL SARBANES. The PRESIDING OFFICER. Without that we provide every element of as- objection, it is so ordered. I ask unanimous consent that Sen- sistance we possibly can. ators D’AMATO and BENNETT be added Mr. GRAMS. Mr. President, I just I share Senator GRAMS’ belief that want to rise today and talk a little bit as cosponsors to S. 652, the Depository this legislation will be one more piece Institution Disaster Relief Act. about the supplemental bill and the of the puzzle necessary to reach that needs that are awaiting in Minnesota, The PRESIDING OFFICER. Without goal. The predecessor of this legisla- objection, it is so ordered. North Dakota, and South Dakota as tion was a similar amendment enacted well. As a Senator whose state has Mr. GRAMS. Thank you. in 1992 and 1993. So this is a step that Mr. President, we need to assure the been devastated by the flooding of the has been taken in the past when our Red and Minnesota Rivers, I rise in people of Minnesota, North Dakota, Nation has been undergoing stressful and South Dakota that the Senate strong support of the emergency sup- disaster circumstances. plemental that is before us. I have per- stands behind them, and the entire It is very, very appropriate during sonally assessed the destruction on Congress and the President should this year that we reintroduce this several occasions over the past few stand behind them as well. amendment to provide this kind of weeks. If I had not seen the damage I urge swift action on my amendment temporary but very important relief. myself, it would have been difficult to to the emergency supplemental appro- Again, this amendment is bipartisan. It comprehend the severe impact the priations, which I hope will have the should be noncontroversial. snows and floods have had on my State overwhelming, bipartisan support of I again commend Senator GRAMS for of Minnesota. my colleagues when it comes to the his leadership in bringing this amend- My colleagues know of Minnesota’s floor. ment to the floor. Mr. President, I also ask for the yeas I yield back. reputation for snow and cold. We are a and nays. Mr. STEVENS addressed the Chair. hardy people and we pride ourselves on The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. The Sen- our ability to endure even the worst sufficient second? There appears to be ator from Alaska. winters. But when we receive 3 years’ a sufficient second. Mr. STEVENS. Mr. President, it is worth of snow in a single season —that The yeas and nays were ordered. our understanding that this amend- is more than 10 to 12 feet—even Min- Mr. GRAMS. Thank you, Mr. Presi- ment that Senator GRAMS has pre- nesotans can reach their limit. To dent. sented to us continues the precedent make matters worse, we have had to I yield the floor. that was established by his legislation endure several straight years of above- Mr. JOHNSON addressed the Chair. when he was a Member of the other average rainfall. With the arrival of The PRESIDING OFFICER. The Sen- body in 1993. spring this year, there was no place for ator from South Dakota. We have examined the proposed the snow to go, other than into rivers Mr. JOHNSON. Mr. President, I rise amendment and have been informed unable to bear the melt-off. in strong support of the Depository In- that the Banking Committee of the Many Americans watched the tele- stitution Disaster Relief Act of 1997 as Senate is in agreement with it. Under vision coverage of Grand Forks, ND, a noncontroversial and bipartisan the circumstances, I know of no opposi- and sympathized with the displaced amendment to the supplemental appro- tion to the amendment on this side of residents of that community when the priations bill being considered on the the aisle, and we are prepared to accept flood waters swept into town. They saw floor of the Senate today. it. I do note the Senator has asked for the burning buildings which have de- I want to particularly extend thanks the yeas and nays, but perhaps we can stroyed nearly a city block, all in a sea to Senator STEVENS and Senator BYRD dispose of it today if it is possible. of water. But just across the Red River, for their assistance on this amendment Mr. BYRD. Mr. President, I know of on the Minnesota side, is East Grand and support of this amendment, as well no objections on this side of the aisle. Forks, a town of nearly 10,000 people. as their very timely action on the un- But I do await a response to my call to Their mayor, Lynn Stauss, whom I derlying supplemental appropriations a Senator so that I can ascertain have talked to several times over the legislation. And thanks to Senator whether or not this is indeed the case. last few weeks, has had to deal with a D’AMATO and Senator SARBANES of the Until that time, I shall have to with- town that has no water, has no elec- Banking Committee for their support hold my approval. tricity, and has no sewer system. S3944 CONGRESSIONAL RECORD — SENATE May 5, 1997 When I was last in East Grand Forks, ways to get the additional money need- Governor Carlson expressed his sup- most of its homes and businesses were ed to replace the hospital there. port for the President’s requests of $2.3 under water. Now that the waters are In Moorhead, I was impressed by the billion for FEMA and $100 million for receding, assessment of the damage is dedication of our young people as they CDBG in the supplemental when he was continuing and, of course, the expenses worked alongside their parents and here in Washington as well last week. are mounting. Willem Schrage, a Min- their neighbors in filling sandbags At the same time, he recognized that nesota Department of Agriculture em- against the rising waters. In East once we obtain an accurate accounting, ployee, returned to his home and found Grand Forks, there was an army of vol- additional relief could be pursued his basement backed up with 2 feet of unteers to feed the hungry, who found through the 1998 appropriations proc- sewage. Actually, he said he is one of shelter for the homeless, and comforted ess, and/or a future supplemental re- the lucky ones, and says, ‘‘Things thousands more as the Red River was quest that would be made by the Presi- could be worse. At least I still have my swallowing an entire community. Their dent. home.’’ determination repeatedly reminded me I am also pleased that the committee As you know, about 3 weeks ago, just of the spirit that brought us together included language I supported that as the spring thaw began to swell the as communities and will keep us to- would provide more flexibility in the rivers, Minnesota and the Dakotas gether as communities. granting of CDBG funds. That language were hit with another blizzard that It was a week ago today, that I spoke was useful to the State of Minnesota, dumped a couple of additional feet of about the flooding crisis before a joint as you know, after the 1993 Mississippi snow. This contributed greatly to the session of our Minnesota State Legisla- River flooding and was requested by severe flooding already predicted. ture. I was proud to be accompanied by the State for this year’s flood as well. At the time of year when farmers seven Minnesotans who know all too Some have raised concerns that it is should be out in the fields, planting, well the struggle it has taken to fight too early to fully estimate the extent they were out helping their neighbors the floods. They were representatives of the damage and therefore we may sandbag to try to minimize the dam- of the towns that have suffered some of find ourselves with inadequate funding age. Randy Tufton is an example of the worst damage, and they deserve in this bill. To address those concerns, that. He is the director of the Farm our appreciation for guiding their com- I am working with my colleagues from Service Agency in Ada, MN, and want- munities through this nightmare. I North Dakota, South Dakota, and Min- ed to spend his time helping farmers want to take a moment to mention nesota on an amendment that would get the advice and financial assistance them by name. They were: Mayor Rus- add additional funding for CDBG and they need to cope with the floods. But sell Onstad of Ada, Mayor Kal Michels EDA that represents a better estimate instead, Randy found himself sandbag- of Breckenridge, Mayor Donald of what we believe the damages will be ging his own home for several days. He Osborne of Crookston, Mayor Lynn in our three States. The amendment had to travel by motorboat just to get Stauss of East Grand Forks, Mayor would also include funding for meeting to his house. David Smiglewski of Granite Falls, the education needs of displaced stu- Jerry Larson, a seed potato grower in Mayor Jim Curtiss of Montevideo, and dents in our States plus several other the town of Climax, is another such ex- also City Council President Millie smaller items that are not covered yet ample. Instead of planting this year, he McLeod of Moorhead, who was there in the bill. is helping another farmer to try to for Mayor Lanning at the meeting. The amendment would be a com- save his home. Many of our farmers They have served their neighbors well promise among the three States and will be losing their homes and farm during these trying times. hopefully the appropriators, who be- buildings to the floods. While some of FEMA has done an outstanding job in lieve they have addressed our needs for them will be able to start planting Minnesota, and I would like to person- the remainder of this fiscal year and after the water recedes, many are still ally thank the staff, from the Director prefer to consider longer-term rebuild- unable to do so and may lose their in- Mr. Witt, all the way down, for their ing requests through the regular appro- come for this year. We had almost 2 yeoman-like efforts to be on the scenes priations process. It would be offset million acres of farmland in our region and to help provide assistance to Min- with current budget authority. under water. In the Red River Valley, nesotans and those in North and South Mr. President, earlier I discussed one of the most fertile areas of the Dakota. some of the devastation faced by Min- country, this is a crippling blow to our When I inspected the flood damage nesota farmers, many of whom are still agricultural economy. with President Clinton, I was assured not sure when they can begin planting Now we are coming to that time of that the Government would help the for this year. I strongly support the ef- year when high school students should people of Minnesota recover from its forts by Secretary Glickman to help be thinking about their proms and devastation. A week ago, the majority farmers through authorization of CRP their graduation festivities. Instead, leader and our floor leader here today, grazing, increasing the Emergency Don Vellenga, who is the superintend- the distinguished chairman of the Ap- Loan Assistance Program, deferring ent of Ada Borup Public Schools in Ada propriations Committee, made similar payments for FSA borrowers, and in- is now meeting with FEMA officials to pledges during meetings with Min- clusion of more farm losses under discuss replacing the high school, 67 nesota Governor Arne Carlson and me. FEMA itself. percent of which has been damaged. I would like to thank Senator STE- Since it is uncertain whether exist- There will be no prom this year at the VENS for reporting out the emergency ing agriculture or FEMA programs will high school and there will be no grad- supplemental so rapidly. We all know address the needs of all Minnesota uation ceremony either. Don Vellenga, how difficult it is to determine the farmers, I have also asked Secretary by the way, after meeting with FEMA exact extent of damage until the clean- Glickman to consider extending the de- officials about the school during the up and the rebuilding is underway, but layed planting deadline for crop insur- day, goes home to a house that has 4 I believe the committee did an out- ance, as well. I have requested clari- feet of standing water in the basement. standing job to address the needs of the fications on how, or whether, the disas- In Breckenridge, at Breckenridge El- 23 States that have suffered disasters ter relief would cover soil erosion and ementary, Jeri Yaggie, president of the over the past few months. The total other run-off problems. school board, is meeting with FEMA $5.581 billion for disaster relief is des- I have asked the Secretary to con- officials and wondering if the school perately needed. sider using existing authority under will be replaced, as parents ask where The $100 million for CDBG, the EDA CCC to address the grain storage losses their first graders will begin school money, and the assistance provided by of Minnesota farmers, as well as other this fall. USDA, including the livestock indem- property losses suffered by farmers who Hospital administrators normally nity program in the supplemental, are may not currently qualify for the spend their time providing for the care crucial for Minnesota, where losses Emergency Loan Assistance Program. of their patients. Laura Nelson, who is could add up to more than $1 billion Mr. President, I want to note again program director of Bridge Medical once we have been able to accurately that earlier this afternoon I offered my Services in Ada, is now looking for assess our damages. amendment, the Depository Institution May 5, 1997 CONGRESSIONAL RECORD — SENATE S3945 Disaster Relief Act of 1997, or more on Introduced Bills and Joint Resolu- The PRESIDING OFFICER. Without commonly referred to as DIDRA, which tions.’’) objection, it is so ordered. would facilitate and increase the avail- Mr. STEVENS. I suggest the absence AMENDMENT NO. 56 ability of credit in the disaster areas of of a quorum. (Purpose: To authorize the Secretary of De- all 23 States. The PRESIDING OFFICER. The fense to enter into a lease of property for It is noncontroversial, costs nothing, clerk will call the roll. the Defense Finance and Accounting Serv- and is supported by the Banking Com- The assistant legislative clerk pro- ice at Lexington Blue Grass Station, Lex- mittee chairman and ranking member, ceeded to call the roll. ington, Kentucky) and my colleague from South Dakota, Mr. STEVENS. Mr. President, I ask Mr. STEVENS. Mr. President, I send Senator JOHNSON. I urge support from unanimous consent that the order for to the desk an amendment proposed to all of my colleagues. the quorum call be rescinded. be offered by Senators FORD and Mr. President, the funds provided by The PRESIDING OFFICER. Without MCCONNELL and ask that it receive im- the emergency supplemental will fa- objection, it is so ordered. mediate consideration. cilitate the cleanup effort, which has AMENDMENT NO. 55 The PRESIDING OFFICER. The just begun. We know it will take many (Purpose: To make a technical correction clerk will report. months and possibly several years. The which adjusts the rescission for the Thea- The legislative clerk read as follows: ter High Altitude Area Defense program to The Senator from Alaska [Mr. STEVENS], worst part of a disaster like this is the the correct fiscal year of appropriations for aftermath, when the extent of the dam- for Mr. FORD and Mr. MCCONNELL, proposes Research, Development, Test and Evalua- an amendment numbered 56. age finally sinks in to all who have suf- tion, Defense-Wide) fered losses. It is a time when we need Mr. STEVENS. Mr. President, I ask Mr. STEVENS. Mr. President, I send unanimous consent that reading of the to reach out to those within the disas- an amendment to the desk and ask for ter area and let them know they have amendment be dispensed with. its immediate consideration. The PRESIDING OFFICER. Without our full support. The PRESIDING OFFICER. The objection, it is so ordered. It is gestures like that of the Califor- clerk will report. The amendment is as follows: nia woman who contributed $2,000 The legislative clerk read as follows: At the appropriate place in the bill, insert apiece to thousands of suffering flood The Senator from Alaska [Mr. STEVENS] the following: victims as one we will remember for proposes an amendment numbered 55. SEC. . AUTHORITY OF SECRETARY OF DEFENSE some time. She is one of many heroes Mr. STEVENS. Mr. President, I ask TO ENTER INTO LEASE OF BUILDING of the floods whose efforts will never be unanimous consent that reading of the NO. 1, LEXINGTON BLUE GRASS STA- fully recognized. amendment be dispensed with. TION, LEXINGTON, KENTUCKY. To ensure that I am thoroughly ap- The PRESIDING OFFICER. Without (a) AUTHORITY TO ENTER INTO LEASE.—Not- praised of every step in the cleanup, I objection, it is so ordered. withstanding any other provision of law, the Secretary of Defense may enter into an have opened an office in Crookston The amendment is as follows: agreement for the lease of Building No. 1, with FEMA to have staff on location to On page 65, line 5, strike the amount Lexington Blue Grass Station, Lexington, provide whatever assistance we can to ‘‘$41,090,000’’ and insert the amount Kentucky, and any real property associated facilitate available relief. I want to as- ‘‘$81,090,000’’; and with the building, for purposes of the use of sure my constituents that I will not On page 65, line 7, strike the amount the building by the Defense Finance and Ac- ‘‘135,000,000’’ and insert the amount counting Service. The agreement shall meet allow them to be forgotten now that ‘‘$95,000,000’’. the flood waters have receded. the requirements of this section. The PRESIDING OFFICER. The (b) TERM.—(1) The agreement under this Mr. President, I again want to thank question is on agreeing to the amend- section shall provide for a lease term of not the Senate for its efforts to facilitate ment. to exceed 50 years, but may provide for one this needed relief legislation. The amendment (No. 55) was agreed or more options to renew or extend the term Mr. BYRD. Mr. President, I am ad- to. of the lease. vised that Senator MIKULSKI says that Mr. STEVENS. Mr. President, I move (2) The agreement shall include a provision if Mr. SARBANES has cleared the specifying that, if the Secretary ceases to re- to reconsider the vote, and I move to quire the leased building for purposes of the Grams-Johnson amendment, she has no lay that motion on the table. objection to it as the ranking member use of the building by the Defense Finance The motion to lay on the table was and Accounting Service before the expira- of the VA/HUD subcommittee. There- agreed to. tion of the term of the lease (including any fore, I know of no objection on this side Mr. STEVENS. Mr. President, we extension or renewal of the term under an of the bill. I am ready and willing to have a list of amendments that we be- option provided for in paragraph (1)), the re- accept the amendment. lieve are going to be presented to the mainder of the lease term may, upon the ap- Mr. STEVENS. Mr. President, the Senate, about 20 amendments. It was proval of the entity leasing the building, be yeas and nays have been ordered, and it our hope that we will get some of these satisfied by the Secretary or another depart- ment or agency of the Federal Government is my understanding that the Senator presented this afternoon and debated would prefer a vote, and the leadership (including a military department) for an- at our leisure and voted on tomorrow. other purpose similar to such purpose. does prefer we have a vote to start the I hoped that we might have votes (c) CONSIDERATION.—(1) The agreement day off at a specific time tomorrow. today, but that is not possible. under this section may not require rental Therefore, I ask this amendment now I urge Members to let us know if they payments by the United States under the be set aside, to come before the Senate intend to bring any amendments to the lease under the agreement. for a rollcall vote at a time specified floor this afternoon. There are a series (2) The Secretary or other leasee, if any, by the leadership, the majority leader that have been suggested that, I be- under subsection (b)(2) shall be responsible after consultation with the minority under the agreement for payment of any lieve, could be worked out and would utilities associated with the lessee of the leader later today. be acceptable to the managers of the building covered by the agreement and for The PRESIDING OFFICER. Without bill on both sides. We hope that we can maintenance and repair of the building. objection, the request of the Senator find some business to accomplish this (d) IMPROVEMENT.—The agreement under from Alaska is ordered. afternoon on this bill. It is a very im- this section may provide for the improve- The Senator from Nevada. portant bill, one that should not be de- ment of the building covered by the agree- Mr. REID. Mr. President, I ask unan- layed if it is possible to move forward. ment by the Secretary or other lessee, if imous consent I be allowed to proceed I urge Members to contact us if they any, under subsection (b)(2). as in morning business for the purpose intend to offer amendments today. Mr. STEVENS. Mr. President, this is of introducing a bill. I suggest the absence of a quorum. an amendment pertaining to a building The PRESIDING OFFICER. Without The PRESIDING OFFICER. The in Kentucky to be leased by the De- objection, it is so ordered. clerk will call the roll. partment of Defense. It has been ap- Mr. REID. Mr. President, I thank the The legislative clerk proceeded to proved by the Subcommittee on De- Chair. call the roll. fense appropriations, Senator INOUYE (The remarks of Mr. REID pertaining Mr. STEVENS. Mr. President, I ask and myself, and Senator BYRD has to the introduction of S. 692 are located unanimous consent that the order for cleared this for the minority. I ask in today’s RECORD under ‘‘Statements the quorum call be rescinded. that it be accepted. S3946 CONGRESSIONAL RECORD — SENATE May 5, 1997 The PRESIDING OFFICER. The those who were involved in the nego- with it, and there are times when you question is agreeing to the amendment. tiations for having accomplished some- should cut your prices in order to in- The amendment (No. 56) was agreed thing truly worthwhile. Does it do crease your market share. There are to. what I would like it to do in relation to times when you do need to cut spend- Mr. STEVENS. Mr. President, I move the Tax Code? The answer is, ‘‘Clearly ing if it is wasteful or improper, but to reconsider the vote. not.’’ We need to do far more about our there are other times, when you are in- Mr. BYRD. Mr. President, I move to taxes than this deal will do. Does it vesting in the future, where you need lay the motion to reconsider on the solve the Medicare problem in a re- to increase spending. This budget, for table. sponsible, long-term way? The answer the first time in many years, seems to The motion to lay on the table was is, ‘‘Clearly not.’’ It simply postpones go down those roads. agreed to. the issue until we will have to deal There are some areas where we are Mr. STEVENS. Mr. President, it is with Medicare again. This, too, I find cutting tax rates, as we should—cut- apparent that no one is prepared to disappointing. In both instances we ting prices, if you will—to increase our offer an amendment today. There are will see the details come up in the Fi- market share and make the economy several complex amendments coming, nance Committee, and I hope the Fi- healthier. There are other places where and I am sad we cannot get some of nance Committee, within the param- we do need to cut some spending, and them discussed today. But in a few eters of the deal, can fashion resolu- some places where we need to increase minutes I shall present a closing state- tions to these problems that are better some spending. That is what upsets so ment on behalf of the majority leader. than the ones that we have seen talked many of my colleagues on the right Meanwhile, I will announce there will about in the press up until now. side of the aisle. They treat all Govern- be no further action on this bill today. But as we complain, one side and the ment spending as if it is, per se, evil, I suggest the absence of a quorum. other, about the deal not being what and any single dollar they can cut out The PRESIDING OFFICER. The we would like, we overlook what I of the budget they assume is good. clerk will call the roll. think is a truly significant accomplish- They remind me a little of an execu- The legislative clerk proceeded to ment. For the first time in my watch- tive I knew in a company who was call the roll. ing of this process, either as a Member under heavy pressure to start to Mr. BENNETT. Mr. President, I ask of the Senate or as an observer from produce profits in his division. He re- unanimous consent that the order for the outside, we have a budget deal that sponded to that pressure, and pretty the quorum call be rescinded. does not depend upon smoke and mir- The PRESIDING OFFICER. Without soon the profits started to come in. His rors for its budget figures to be reli- objection, it is so ordered. boss thought he was a hero. He said, Mr. BENNETT. Mr. President, I ask able. We have a budget deal that does ‘‘Well, I did it by cutting spending.’’ unanimous consent that I be allowed to not say we will postpone all of the hard It was a year or so later that we dis- proceed as in morning business for not decisions to the fourth and fifth or covered in that company what kind of more than 10 minutes. sixth years. Instead, it says we will spending he had cut. He had cut rou- The PRESIDING OFFICER. Without start to face the realities of what is tine maintenance, and the physical objection, it is so ordered. happening around us right now. That is plant over which he had responsibility The Senator from Utah. a very significant thing. was literally falling apart because the The second thing I would like to f routine maintenance had not been comment on with respect to this deal done. He was a temporary hero by cut- THE BUDGET AGREEMENT was given reference to in this morn- ting spending, but, long term, he dam- Mr. BENNETT. Mr. President, I have ing’s Wall Street Journal in their edi- aged the business and did damage to several matters to discuss with the torial. They said the real hero of these the interests of the shareholders. Senate this afternoon. The first one I budget negotiations is neither the ad- Our Nation’s infrastructure has some would like to touch upon has to do ministration nor the Congress, but the significant problems. The air transport with the budget agreement that was American economy. The reason we problems are very obvious to all. The reached over the weekend between ne- were able to finally arrive at a conclu- highway problems are fairly significant gotiators on behalf of the Congress and sion that seemed to satisfy temporarily and obvious. We need to be doing some- the President of the United States. both sides is because the economy is thing about that. This budget allows us There has been a lot of conversation doing so well that the projections indi- to have some of that, yes, increased over the weekend on the talk shows cate that we will have more tax reve- spending in areas where it makes some about how terrible this agreement is. I nue than the earlier projections would sense. Why? Again, because the econ- have read where Democrats have at- have shown. I want to dwell on that for omy is doing so well. tacked the agreement on the grounds a moment. I gave a major speech on I have been on this floor when some that President Clinton has caved in to the floor a week or so ago in which I of my friends have berated Alan Green- Republican demands. One Democratic tried to get across the importance of span and said what a terrible job he is commentator, a former staffer to the the overall growth of the economy in doing at the Fed because he has con- President, has said this deal guaran- our budget discussions. We talk about trolled the money supply in a way that tees the reelection of a Republican- the budget as if everything is a sum they do not like. Can we now suggest it controlled Congress in 1998. It is just zero game, that is, if we take it away may well be that the current growth of awful. from here, you must give it someplace the economy stems from wise steward- Then another commentator says this else, and everything adds up to a single ship at the Fed, and that, indeed, the deal demonstrates how badly the Re- sum. reason we can afford some of these in- publicans have caved in to the Presi- That is not the case. The economy is creased spending activities called for in dent. It means the President can no like a business, constantly growing, this budget come from an intelligent longer be attacked for his failure to constantly changing. I made the point management of the economy long step up to the responsibility of dealing in that previous speech that a sound term. Can we also suggest that this has with taxes in a logical way or of deal- business executive running a $1.7 tril- come from an attitude at the Federal ing with Medicare in a responsible way. lion corporation would not have the Reserve Board that says we must put It is just awful. simple choice of either raising prices or price stability above all else and it will There are some who say, when both cutting spending. We hear the discus- pay long-term dividends? Maybe it is sides say it is just awful, that means it sion on the floor so often that those those dividends we are beginning to is truly awful. And then there are oth- are our only two choices in Govern- cash in on in this budget deal. ers who say, no, when both sides agree ment. We can either raise tax rates, There is another thought I would like it is not what they want, it means we which is the same thing as raising to leave with you, Mr. President, in have finally arrived at the logical an- prices for a business, or we can cut terms of the economy and how well it swer, somewhere down the middle. spending, when, in fact, every business is doing. I have spoken on this floor be- I think all of this is a little bit short- executive knows there are times when fore about my experience as a business sighted. I want to stand and commend you can raise your prices and get away executive during what many people May 5, 1997 CONGRESSIONAL RECORD — SENATE S3947 called the decade of greed, the 1980’s, MORNING BUSINESS a crucial time in the development of when we took a small company, so Mr. BENNETT. Mr. President, I ask any child. Indeed, there was a recent small it had four full-time employees, unanimous consent that there be a pe- White House conference devoted to this and saw it grow to the point, when I riod for the transaction of morning very subject. It seems to me that as we left prior to my run for the Senate, business, with Senators permitted to pay more and more attention to what when it had 700 employees. I have com- speak for up to 5 minutes each. we all intuitively know—and that is mented it was the tax policies that The PRESIDING OFFICER. Without how important the early years are in a were pursued in those years, pursued objection, it is so ordered. child’s development, and there was a primarily by President Ronald Reagan, Mr. BENNETT. Noticing the absence whole magazine, in Newsweek, this that made it possible for us to grow of a Senator who wishes to take advan- past week, a special issue devoted to that company. But we were attacked tage of that, Mr. President, I suggest early childhood development. We real- because it was the decade of greed, and, the absence of a quorum. ize, more and more, how precious and yes, indeed, we did do well. The PRESIDING OFFICER. The important those first few months, I would like to point out that that clerk will call the roll. those first few years are, to the devel- company that grew in that period from The bill clerk proceeded to call the opment of the child and who we be- 4 employees to 700, now has over 3,000. roll. come, and what we are is shaped in the first year, 2 years, 3 years, 4 years. The momentum that was set in place Mr. DEWINE. Mr. President, I ask Is it not time that we reexamined in in the 1980’s is carrying forward into unanimous consent that the order for society how cavalier we are about hav- the 1990’s, and it is that company and the quorum call be rescinded. ing children who have been taken away others like it that are providing the in- The PRESIDING OFFICER. Without from their parents, then sit in sort of a come taxes that make it possible for us objection, it is so ordered. legal limbo, for a year, 2 years, 3 years to have this kind of a budget deal. Mr. DEWINE. Mr. President, I ask or 4 years, all the while we, in society, So, as we look at the whole thing, let unanimous consent to proceed for the we adults, try to reunify these fami- us understand that there are many next 10 minutes in morning business. lies? But all the while, all the while, things about it that I do not like. The PRESIDING OFFICER. Without these children are growing up. There are many things about it that objection, it is so ordered. many of the rest of us do not like. But Mr. President, children do not have a f the reason we were able to get this de- second opportunity to have their child- hood. You never have a second chance gree of agreement comes from the REASONABLE EFFORTS strength of the economy, and the one to be 2, 3, or 4. What is happening Mr. DEWINE. Mr. President, I want across this country in too many cases lesson we should learn, as we look at to call the attention of everyone in the this budget agreement, is simply this: is that children are taken, put in a fos- Senate to a very important article that ter home—sometimes multiple foster As important as anything else we do appeared in yesterday’s Washington around here are those things that we homes—all the while we, as a society, Post Magazine. The article profiles a wait until that magical time when the do that will cause the economy to grow woman by the name of Diane Hendel. at a more rapid rate. Whether it is in- parents have been fixed—the natural Diane Hendel was the foster mother of parents. They have been cured, they no creasing taxes in a certain area or de- twins who had been abandoned by their creasing tax rates in another area, longer snort cocaine, they no longer natural mother. In telling Diane drink alcohol all the time, they no whether it is increasing spending on Hendel’s story, this article paints a things like infrastructure and other in- longer abuse their children, and some devastating portrait of the foster care day we hopefully will put them back, vestments, or whether it is decreasing system, the foster care system not just spending on areas where there is a de- put these children who have been re- in the District of Columbia, but the moved, back with these natural par- gree of waste and fraud, all of these foster care system across this country. things need to be done with the pri- ents. I think, Mr. President, that we It is Diane Hendel’s story, and it is have to start worrying about the chil- mary goal of seeing that the economy told from her point of view. But much will increase in size. dren’s rights and less about the rights more important, it is really the story of the natural parents. As it does, a number of things hap- of these two children, these twins, and Every piece of new evidence shows pen. The demand on our social spend- what our foster care system did and is us, Mr. President, that the system, the ing goes down. There is no better wel- doing to them. It tells the story of foster care system, is keeping children fare project in the world than a job, these two children who were abandoned in foster care for too long. I think this and a booming economy creates more with serious physical problems, and it should spur us to action. If any of the jobs for more people. And we see it in tells the story of the foster mother, Members of the Senate want to become terms of the impact on Government. Diane Hendel, who for 21⁄2 years nur- horrified, want to see what is wrong We should pay attention to those kinds tured them, loved them, kept them with our foster care system, let them of things. going, became their mother. read this story. I think it would shock Mr. President, I will have more to Then this article tells the story of a any American to read it. say on this as the budget process goes foster care system bent on family re- The Washington Post article that I forward, but, while the weekend talk unification, that when these little chil- just referred to outlines how the prin- shows were still ringing in our ears, I dren were 31⁄2 years of age, that system ciple of making reasonable efforts to wanted to make this general state- decided the natural mother, who had reunify troubled families is too often ment. abandoned them, was now the person misinterpreted to mean reunifying Mr. President, I ask unanimous con- that they should go to. It tells the hor- families at all costs—even abusive fam- sent that I be allowed to continue as in rifying and sad story of these little 31⁄2- ilies that are really families in name morning business, on another subject, year-old children being taken away only. Abusive parents, abusive birth for up to another 5 minutes. from the only mother that they ever parents, are, today, Mr. President, The PRESIDING OFFICER (Mr. really knew, to their new mother. All given a second chance, a third chance, HUTCHINSON). Without objection, it is in the name of family reunification. a fourth chance, a fifth chance, and on so ordered. All in the name of protecting the and on, to get their lives back together Mr. BENNETT. I thank the Chair. rights of the natural mother, without, so then they can welcome their chil- (The remarks of Mr. BENNETT per- in my opinion, any consideration for dren back home. All the while, while taining to the introduction of Senate the rights not of the foster mother, but they are trying to get their act to- Resolution 82 are located in today’s for the rights of those two little girls. gether, their lives together, their poor RECORD under ‘‘Submissions of Concur- Mr. President, there are 450,000 chil- little children are shuttled from foster rent and Senate Resolutions.’’) dren in foster care across this country home to foster home, spending their Mr. BENNETT. I thank the Chair for today. These children are spending far most formative years deprived of what his time and attention and yield the too great a portion of their lives in a all children should have—a safe, stable, floor. legal limbo. Early childhood years are loving, and permanent home. S3948 CONGRESSIONAL RECORD — SENATE May 5, 1997 The article that I just talked about erything. Just like that. And then, goodbye tion is a better place because of her describes a case where two children, to Diane. Who leaves the children, as or- faithful service. twins, were abandoned by their natural dered, so they can say hello a moment later I first met Judy Campbell late in mother, a natural mother who had seri- to their new mother, who is the woman who 1974, shortly after my election to the conceived them and abandoned them and was ous substance abuse problems. These U.S. House of Representatives. She was charged with neglecting them and now, 31⁄2 one of the first individuals I hired on children were then placed in foster care years after they were born and 21⁄2 years for 31⁄2 years while efforts were made to after Diane took them in with the hope of my congressional staff. Judy’s ability fix the mother, efforts were made to re- adopting them, has been declared legally fit and exceptional organizational skills unify that family. These particular to take them with her to a new place, a were first brought to my attention by children happened to be fortunate. strange place, their true home. one of the most able and respected leg- They are probably the exception, be- Just like that. islators of his generation, the late Con- cause they spent the majority of that Goodbye. gressman Richard Bolling of Missouri, Hello. time with one person, Diane Hendel, for whom Judy had already worked for who wanted to adopt them, Diane Mr. President, we have before us in over a decade. Judy served as my office Hendel who nursed them back to this Congress several bills, one that manager, first in the House of Rep- health, who helped them get through just passed the House, the Camp-Ken- resentatives and then in the Senate, some very, very tough times. nelly bill, one that has been introduced for 12 years. But now, Mr. President, the system in the Senate, which I am a cosponsor In 1987, the chairman of the Senate says they cannot stay with the only of, the Chafee-Rockefeller bill. Both of Committee on Environment and Public person that they have known as their these bills, while they will not solve Works, Senator Quentin N. Burdick of mother. They have to go back to their this problem, I think will help because North Dakota, hired Judy and she soon natural mother, the person who aban- they say quite simply what we all became the committee’s financial doned them in the first place. Mr. know deep in our hearts the fact should clerk. Judy served the committee and President, does that really sound like a be, which is, yes, whenever possible, the Senate in that capacity under four good idea? I do not think so. whenever reasonable, we should try to chairmen—Senators Quentin N. Bur- The article quotes child psychiatrist reunify families; but while we do that, dick, DANIEL PATRICK MOYNIHAN, JOHN Marilyn Benoit of the Devereux Chil- we should not forget what our ultimate CHAFEE, and myself. The hallmark of dren’s Center in Washington, DC: goal should be, which is to be con- Judy’s congressional service was al- Three and a half years? And then the bio- cerned about the safety and welfare of ways her professionalism. She worked logical mother gets the children back? You the children. with Democratic and Republican Mem- have now disrupted the emotional develop- I think, Mr. President, if we focus on bers and staff with similar dedication ment of those children. You, the court, have the child and focus on what is in the and equal enthusiasm. created a new abandonment. You have delib- best interest of the child, we will have Judy has also been an invaluable re- erately interjected separation and loss into fewer crazy, ludicrous decisions, such source to her colleagues on my per- their lives. What we know that does is dis- as the one we have seen recounted in sonal staff, the committee and around rupt development. You have depression. You the Washington Post story of this past have regression. You undermine a sense of the Hill. The process of hiring new trust. You introduce a sense of powerless- Sunday. staffers always involves a certain ness. Children that age, what they want to Mr. President, I thank the Chair and amount of coaching and training. Judy develop is a sense of mastery, and you have yield the floor. was particularly good in this role, and done everything to thwart that, and you f I know she was always willing to pro- have really compromised that child’s ability vide counseling and support to other to move on. THE VERY BAD DEBT BOXSCORE committee financial clerks and office Mr. President, I think that comment Mr. HELMS. Mr. President, at the managers around the Hill. by a child psychiatrist confirms what close of business Friday, May 2, 1997, Longevity was only one aspect of all of us know, any of us who know the Federal debt stood at Judy’s career. Through her work she anything about children. Children need $5,331,758,952,154.60. (Five trillion, three epitomized dedication in public service. a stable and permanent home, a perma- hundred thirty-one billion, seven hun- For 36 years, Judy has been one of the nent home where they will learn the dred fifty-eight million, nine hundred selfless and nameless individuals who, skills of love, the skills of friendship fifty-two thousand, one hundred fifty- day in and day out, make the congres- and survival. four dollars and sixty cents) sional branch of government function Mr. President, I think that Sister Jo- One year ago, May 2, 1996, the Fed- effectively, year in and year out. sephine Murphy, who runs a home of eral debt stood at $5,100,093,000,000. Judy’s detailed knowledge of congres- severely abused children in Hyattsville, (Five trillion, one hundred billion, sional operations and finances is leg- MD, is also exactly right. She is quoted ninety-three million) endary. She took seriously the public in the article as saying the following: Twenty-five years ago, May 2, 1972, trust for the millions of dollars which I know what they say, blood is thicker the Federal debt stood at were her responsibility over the years. than water, and it is, but we’re adults, and at $425,052,000,000 (Four hundred twenty- To say Judy was prudent with taxpayer some point we have to have the guts to say, five billion, fifty-two million) which re- funds would be an understatement. In ‘‘This is it. No more.’’ flects a debt increase of nearly $5 tril- the mid-1970’s, when America’s ulti- No more, Mr. President. Enough is lion—$4,906,706,952,154.60 (Four trillion, mate tightwad—Jack Benny—died, the enough. Who benefits from the current nine hundred six billion, seven hundred joke in my office was that Judy Camp- bias toward reunifying abusive fami- six million, nine hundred fifty-two bell took his place. lies? Certainly not the children. Whose thousand, one hundred fifty-four dol- Mr. President, this institution is a interests were taken into account when lars and sixty cents) during the past 25 better place because Judy Campbell the decision was made to rip these two years. toiled here. She made a difference. Her children away from the only mother many friends on Capitol Hill and I will COMMEMORATION OF THE WORK that they ever knew? Was it the chil- miss her. I personally wish Judy and OF JUDY CAMPBELL dren’s? I don’t know any rational per- her husband Denny nothing but the son who would say that was in the best Mr. BAUCUS. Mr. President, today I best in retirement. As they complete interest of the child. In conclusion, Mr. rise to acknowledge the recent retire- construction of a new home this sum- President, let me quote from this arti- ment of a long-time congressional staff mer, we wish them many years of good cle. There is a portion of the article on member, a dedicated public servant health and enjoyment. On April 3, 1997, page 10 that describes the scene when and a loyal friend. On April 2, 1997, Judy realized a longtime dream. On these children were taken away from Judy Campbell, who for the past 10 that day she started a new career—that their foster mother. years served as the financial clerk of of a full-time grandmother. . . . Off they go. Goodbye to the toys. Good- the Senate Committee on Environment Thank you, Judy, and good luck. bye to their drawings. Goodbye to their bed- and Public Works, completed 36 years Mr. President, I suggest the absence room. Goodbye to the house. Goodbye to ev- of congressional service. This institu- of a quorum. May 5, 1997 CONGRESSIONAL RECORD — SENATE S3949 The PRESIDING OFFICER. The SUPPLEMENTAL APPROPRIATIONS lished January 7, 1997 in the CONGRESSIONAL clerk will call the roll. AND RESCISSIONS ACT OF 1997 RECORD, the Executive Director has adopted and is publishing amendments to the rules The assistant legislative clerk pro- Mr. SESSIONS. Mr. President, I ask ceeded to call the roll. governing the procedures for the Office of unanimous consent that the Senate re- Compliance under the Congressional Ac- Mr. SESSION. Mr. President, I ask sume consideration of S. 672. countability Act of 1995 (P.L. 104–1, 109 Stat. unanimous consent that the order for The PRESIDING OFFICER. Without 3). The amendments to the procedural rules the quorum call be rescinded. objection, it is so ordered. The clerk have been approved by the Board of Direc- The PRESIDING OFFICER (Mr. AL- will report the bill. tors, Office of Compliance. LARD). Without objection, it is so or- The bill clerk read as follows: For Further Information Contact: Executive dered. Director, Office of Compliance, Room LA 200, A bill (S. 672) making supplemental appro- 110 Second Street, S.E., Washington, D.C. priations and rescissions for the fiscal year f 20540–1999. Telephone No. 202–724–9250. TDD/ ending September 30, 1997, and for other pur- TTY: 202–426–1912. poses. NATIONAL PEACE OFFICERS SUPPLEMENTARY INFORMATION The Senate continued with the con- I. Background MEMORIAL DAY sideration of the bill. Mr. SESSIONS. Mr. President, I ask The Congressional Accountability Act of f 1995 (‘‘CAA’’ or ‘‘Act’’) was enacted into law unanimous consent that the Senate CLOTURE MOTION on January 23, 1995. In general, the CAA ap- proceed to the immediate consider- plies the rights and protections of eleven fed- ation of Senate Resolution 79. Mr. SESSIONS. Mr. President, I send eral labor and employment law statutes to The PRESIDING OFFICER. The a cloture motion to the desk. covered employees and employing offices clerk will report. The PRESIDING OFFICER. The clo- within the Legislative Branch. Section 303 of The bill clerk read as follows: ture motion having been presented the CAA directs that the Executive Director of the Office of Compliance (‘‘Office’’) shall, A resolution (S. Res. 79) to commemorate under rule XXII, the Chair directs the subject to the approval of the Board of Direc- the 1997 National Peace Officers Memorial clerk to read the motion. tors (‘‘Board’’) of the Office, adopt rules gov- Day. The bill clerk read as follows: erning the procedures for the Office, and may The PRESIDING OFFICER. Is there CLOTURE MOTION amend those rules in the same manner. The objection to the immediate consider- We the undersigned Senators, in accord- procedural rules currently in effect, ap- ation of the resolution? ance with the provisions of rule XXII of the proved by the Board and adopted by the Ex- There being no objection, the Senate Standing Rules of the Senate, do hereby ecutive Director, were published December proceeded to consider the resolution. move to bring to a close debate on S. 672, the 22, 1995 in the CONGRESSIONAL RECORD (141 supplemental appropriations bill: Mr. SESSIONS. Mr. President, I ask Cong. R. S19239 (daily ed., Dec. 22, 1995)). Trent Lott, Ted Stevens, Mike DeWine, Amendments to these rules, approved by the unanimous consent that the resolution Bob Bennett, Tim Hutchinson, Richard Board and adopted by the Executive Direc- be agreed to, the preamble be agreed G. Lugar, Pete Domenici, Pat Roberts, tor, were published September 19, 1996 in the to, the motion to reconsider be laid Connie Mack, Frank H. Murkowski, CONGRESSIONAL RECORD (142 Cong. R. H10672 upon the table, and that any state- Richard Shelby, Craig Thomas, Chuck and S10980 (daily ed., Sept. 19, 1996)). The re- ments relating to the resolution appear Grassley, Christopher S. Bond, Michael visions and additions that follow establish at the appropriate place in the RECORD. B. Enzi, Jeff Sessions. procedures for consideration of matters aris- The PRESIDING OFFICER. Without f ing under Parts B and C of title II of the objection, it is so ordered. CAA, which became generally effective Janu- MORNING BUSINESS ary 1, 1997. The resolution (S. Res. 79) was agreed Mr. SESSIONS. Mr. President, I ask Pursuant to section 303(b) of the CAA, the to. unanimous consent that there now be a Executive Director published for comment a The preamble was agreed to. period of morning business. Notice of Proposed Rulemaking (‘‘NPR’’) in The resolution, with its preamble, is the CONGRESSIONAL RECORD on January 7, The PRESIDING OFFICER. Without as follows: 1997 (143 Cong. R. S25–S30 (daily ed., Jan. 7, objection, it is so ordered. 1997)) inviting comments regarding the pro- S. RES. 79 f posed amendments to the procedural rules. Whereas, the well-being of all ctiizens of Four comments were received in response to this country is preserved and enhanced as a NOTICE OF ADOPTION OF AMEND- the NPR: three from Congressional offices direct result of the vigilance and dedication MENTS TO PROCEDURAL RULES and one from a labor organization. After full of law enforcement personnel; Mr. THURMOND. Mr. President, pur- consideration of the comments received, the Whereas, more than 500,000 men and Executive Director has, with the approval of women, at great risk to their personal safe- suant to section 303 of the Congres- sional Accountability Act of 1995 (2 the Board, adopted these amendments to the ty, presently serve their fellow citizens in procedural rules. their capacity as guardians of the peace; U.S.C. 1383), a notice of adoption of II. Consideration of Comments and Conclusions Whereas, peace officers are the front line amendments to procedural rules was Regarding Amendments to Existing Rules in preserving our children’s right to receive submitted by the Office of Compliance, an education in a crime-free environment U.S. Congress. The notice publishes A. Section 1.04(d)—Final Decisions that is all too often threatened by the insid- amendments to the rules governing the One commenter noted that, although sec- ious fear caused by violence in schools; procedures for the Office of Compliance tion 1.04(d) provides that the Board will Whereas, 117 peace officers lost their lives make public final decisions in favor of a in the performance of their duty in 1996, and under the Congressional Accountabil- complaining covered employee, or charging a total of 13,692 men and women have now ity Act. The amendments to the proce- party under section 210 of the CAA, as well made that supreme sacrifice; dural rules have been approved by the as those that reverse a Hearing Officer’s de- Whereas, every year 1 in 9 officers is as- Board of Directors, Office of Compli- cision in favor of a complaining employee or saulted, 1 in 25 is injured, and 1 in 4,000 is ance. charging party, section 1.04(d) does not spe- killed in the line of duty; Section 304(b) requires this notice to cifically provide that decisions in favor of an Whereas, on May 15, 1997, more than 15,000 be printed in the CONGRESSIONAL employing office will be made public. Rath- peace officers are expected to gather in our er, such decisions may be made public in the RECORD, therefore I ask unanimous Nation’s Capital to join with the families of discretion of the Board. The commenter sug- their recently fallen comrades to honor them consent that the notice be printed in gested that the rules should provide either and all others before them: Now, therefore, the RECORD. that all or none of the decisions be made be it There being no objection, the mate- public, asserting that, if section 1.04(d) were Resolved by the Senate of the United States of rial was ordered to be printed in the not so modified, there would be ‘‘inconsist- America in Congress assembled, That May 15, RECORD, as follows: ent access’’ to decisions and ‘‘the impression 1997, is hereby designated as ‘‘National Peace OFFICE OF COMPLIANCE that the Board’s procedures are weighted Officers Memorial Day’’ for the purpose of against employing offices.’’ Proposed section The Congressional Accountability Act of recognizing all peace officers slain in the 1.04(d) is identical to section 416(f) of the 1995: Amendments to Procedural Rules line of duty. The President is authorized and CAA, and its language, therefore, should not requested to issue a proclamation calling NOTICE OF ADOPTION OF AMENDMENTS TO and will not be altered, whatever the Board’s upon the people of the United States to ob- PROCEDURAL RULES ultimate practice with respect to the publi- serve this day with the appropriate cere- Summary: After considering the comments cation of decisions in favor of employing of- monies and respect. to the Notice of Proposed Rulemaking pub- fices. S3950 CONGRESSIONAL RECORD — SENATE May 5, 1997 B. Section 1.07(a) and notices cannot be issued under section tion of such procedures is within the scope of One commenter suggested that, if section 215(d), the question is whether such regula- the Executive Director’s rulemaking under 1.04(d) were not modified to provide for pub- tions may be issued by the Executive Direc- section 303, there is no basis upon which the lication of all decisions, the term ‘‘certain tor under section 303. The essence of the Executive Director should refuse to address final decisions’’ in section 1.07(a) should be commenters’ argument in this rulemaking is these matters under section 303. defined and procedures should be established that the Executive Director cannot do so be- B. References to the General Counsel’s des- to challenge Board determinations regarding cause the procedures affect substantive ignees the publication of decisions. Section 1.07(a) rights of the parties. The commenters’ posi- has been modified to make it clear that the tion is based on the substance-procedure dis- Two commenters argued that references in referenced final decisions are those described tinction that they believe demarcates the the regulations to ‘‘designees of the General in section 416(f) of the CAA. As section 416(f) boundary between rulemaking under sec- Counsel’’ are inappropriate on the theory of the CAA makes clear which final decisions tions 215(d) and 304 and rulemaking under that the CAA does not authorize the General must be made public and grants the Board section 303. Counsel to delegate his duties. To the extent complete discretion as to publication of As noted above, the Board did not exclude that the commenters are arguing that the other final decisions, procedures for chal- the subjects of variances, citations, and no- General Counsel is prohibited from assigning lenging determinations regarding publica- tices from its rulemaking based on a sub- or designating others to perform the inspec- tion are not warranted. stance/procedure distinction, but because the tions and other responsibilities under section Secretary’s regulations covering these sub- C. Section 5.01—Complaints 215 of the CAA, such an argument is refuted jects were not within the scope of section For the reasons set forth in Section by section 302(c)(4) of the CAA, which ex- 215(d). Similarly, the Executive Director is pressly authorizes the General Counsel to III.C.10., infra, section 5.01(b)(2) will not be not barred from promulgating rules govern- modified to require the General Counsel to ‘‘appoint . . . such additional attorneys as ing the procedures of the Office simply be- may be necessary to enable the General conduct a follow-up inspection as a pre- cause those procedures might affect the sub- requisite to filing a complaint under section Counsel to perform the General Counsel’s du- stantive rights of the parties. ties.’’ 2 U.S.C. § 1382(c)(4). Similarly, 215(c) of 215 of the CAA, as requested by a com- Contrary to the commenters’ argument, the CAA provides that the General Counsel menter. the Board’s earlier statement (in the context exercises the ‘‘authorities granted to the of its rulemaking under section 220(d) of the D. Section 5.04—Confidentiality Secretary of Labor’’ by subsections (a), (d), One commenter suggested that section 5.04 CAA) that rules governing procedures can be substantive regulations is not controlling (e), and (f) of section 8 of the OSHAct, and be modified to clarify that proceedings be- sections 9 and 10 of the OSHAct. Those sec- fore Hearing Officers and the Board are not with respect to the present issue. In its rule- making proceeding under section 220(d), the tions in turn recognize that the Secretary confidential. However, with certain excep- may act personally or through an ‘‘author- tions, pursuant to section 416(c) of the CAA, Board determined that the subject matter of the Federal Labor Relations Authority’s reg- ized representative’’ with respect to many of such proceedings are confidential and, there- these functions. See 29 U.S.C. §§ 657(e), (f), and fore, the proposed rule cannot be modified as ulations, including certain regulations pur- porting to govern procedures of the Author- 658(a). Thus, the proposed regulation is not suggested by the commenter. However, the inconsistent with section 215 or the provi- rule will be clarified to note the statutory ity, were within the plain language setting forth the scope of rulemaking under section sions of the OSHAct incorporated there- exceptions to the confidentiality require- under. ment. In addition, at the suggestion of an- 220(d). The question raised by the com- other commenter, the rule will be modified menters in that rulemaking was whether One of the commenters also argued that to cross-reference sections 1.06, 1.07 and 7.12 regulations falling within the scope of sec- the General Counsel may not utilize of the procedural rules, which also relate to tion 220(d) were nevertheless excluded be- detailees or consultants in carrying out his confidentiality. cause of their procedural label or character. duties, because section 302 of the CAA gives The Board decided that they were not so ex- the Executive Director the authority to se- III. Consideration of Comments and Conclusions cluded, and its statement that procedural cure the use of detailees. However, section Regarding Section 215 Procedures rules can be considered substantive regula- 302 does not limit the functions to which A. Promulgation of the proposed amendments tions was made in that context. See 142 Cong. these detailees may be assigned within the as substantive regulations under section R. S5070, 5072 (daily ed., May 15, 1996). Con- Office. Similarly, although the Executive Di- 304 versely, in its rulemaking under section rector may procure the temporary services Two commenters restated objections to the 215(d), the Board determined that certain of consultants ‘‘[i]n carrying out the func- Board’s decision in promulgating its sub- regulations were not within the scope of rule- tions of the Office,’’ nothing in the CAA sug- stantive section 215 regulations (143 Cong. R. making under section 215(d), and it rejected gests that the Executive Director is barred S61, S63 (daily ed., Jan. 7, 1997)) not to adopt the argument that regulations not falling from obtaining and approving the services of the Secretary’s rules of practice and proce- within the scope of section 215(d) should nev- consultants to assist the General Counsel in dure for variances under the OSHAct (part ertheless be included because of their sub- performing his duties. Indeed, the com- 1905, 29 C.F.R.), and the Secretary’s regula- stantive label or character. Thus, contrary prehensive inspections of Legislative Branch tions relating to the procedure for conduct- to the commenters’ arguments, there is no facilities were performed in large part ing inspections, and for issuing and contest- inconsistency in the underlying rationale of through the use of detailees and consultants ing citations and proposed penalties under the Board in these two rulemakings. The assisting the General Counsel. The com- the OSHAct (part 1903, 29 C.F.R.) as regula- Board’s preambulatory remarks as part of menters were aware of this use of consult- tions under section 215(d)(2) of the CAA. The the section 220(d) rulemaking seized upon by ants for this purpose. No claim was made arguments offered by the commenters are the commenters, when read in context, do that such inspections could not be conducted substantially the same as those rejected by not control the question here. with the assistance of consultants. the Board in its rulemaking on this issue (143 The question whether these rules can be More to the point, the General Counsel is Cong. R. at S63). The Board has fully ex- promulgated under section 303 must begin statutorily responsible for exercising the au- plained its decision not to adopt Parts 1903 and end with the language of the statute. thorities and performing the duties of the and 1905, 29 C.F.R., as regulations under sec- Section 303(a) provides that ‘‘[t]he Executive General Counsel as specified in section 215 tion 215(d) of the CAA, and for rejecting the Director shall, subject to approval of the and is accountable for decisions made there- arguments made by the commenters. The Board, adopt rules governing the procedures in. The proposed regulatory sections do not Board did not consider the Secretary’s regu- of the Office, including the procedures of purport to delegate the General Counsel’s lations governing inspections, citations, and hearing officers, which shall be submitted statutory responsibilities to others. The reg- variances to be outside the scope of rule- for publication in the Congressional ulations simply recognize that the General making under section 304 because they were RECORD.’’ 2 U.S.C. § 1383(a). The regulations Counsel may utilize others to enable him to ‘‘procedural’’ as opposed to ‘‘substantive.’’ in issue plainly meet these criteria. So long perform certain functions within those re- Instead, the Board did not adopt these regu- as the Executive Director’s regulations meet sponsibilities (such as assisting in conduct- lations because they were promulgated to these criteria, the regulations may be pro- ing investigations and inspections). implement sections 8, 9, and 10 of the mulgated under this authority, whether they OSHAct, statutory provisions which are not affect substantive rights or not. The commenters’ implicit argument that ‘‘referred to in subsection (a)’’ of section 215. Given the Board’s decision not to promul- the CAA requires the General Counsel to Accordingly, these regulations were not gate regulations governing the subject of solely and personally perform those functions within the scope of the Board’s rulemaking variances, citations, and notices under sec- is, quite simply, wrong. It is clear that authority under section 215(d)(2). 143 Cong. tion 215(d), if the Executive Director accept- ‘‘those legally responsible for a decision R. at S63–64. Thus, the question whether the ed the commenters’ arguments and did not must in fact make it, but that their method proposed regulations should have been issued issue these rules under section 303, it would of doing so—their thought processes, their under section 304 of the CAA cannot be ad- mean, for example, that no procedures would reliance on their staffs—is largely beyond ju- dressed by the Executive Director in the con- exist by which variances may be considered dicial scrutiny.’’ (Yellow Freight System, Inc. text of this rulemaking. by the Board. The Executive Director be- v. Martin, 983 F.2d 1195, 1201 (2d Cir. 1993), Because the Board has determined that lieves that such a procedure should be pro- quoting KFC National Management Corp. v. regulations covering variances, citations, vided employing offices. Because promulga- NLRB, 497 F.2d 298 (2d Cir. 1974), cert. denied, May 5, 1997 CONGRESSIONAL RECORD — SENATE S3951 423 U.S. 1087 (1976). Thus, the decision to as- privacy may attach. See, e.g., O’Connor v. Of course, the Office assumes that employing sign or designate others (such as other attor- Ortega, 480 U.S. 709 (1987) (expectation of pri- offices will not withhold their consent. neys in the Office, detailees or others) to per- vacy in public employee’s desk, files, and The commenters also argued that advance form functions related to the General Coun- areas within his exclusive control); notice should be given by the General Coun- sel’s ultimate decisions under section 215 Schowengerdt v. General Dynamics Corp., 823 sel to conform to protections recognized in (e.g., whether to issue a citation, a notice F.2d 1328, 1335 (9th Cir. 1987) (reasonable ex- the private sector context. One of the com- and/or a complaint in a particular case) is pectation of privacy found to exist in areas menters specifically requested that the rules not prohibited by the CAA or subject to re- of government property given over to an em- require the General Counsel to first schedule view by individual employing offices, as ar- ployee’s exclusive control). But it is ques- an appointment with an employing office gued by the commenters. tionable whether an employing office, as a prior to an inspection. Although the com- One of the commenters argued that em- covered entity (as distinguished from the in- menters argued that such notice is consist- ploying offices should have an opportunity dividuals holding positions within the office ent with practice under the OSHAct, advance to pass upon the qualifications of individuals or working there), would be found to possess notice of inspections is the exception, not the chosen by the General Counsel to conduct in- a privacy right to be free from administra- rule, at OSHA. See 29 C.F.R. § 1903.6; OSHAct spections through a specified process. Noth- tive inquiries authorized by a statute duly section 17(f). Moreover, in enacting the CAA, ing in the CAA or the OSHAct authorizes enacted by Congress. Moreover, section the Congress understood that its incorpora- adoption of such a procedure, and such a pro- 215(f)’s requirement that the General Counsel tion of the rights and protections of the vision would interfere unduly with the Gen- conduct a comprehensive inspection of all OSHAct included the standard practice and eral Counsel’s enforcement responsibilities. covered employing offices and other covered procedure at OSHA that advance notice Adoption of procedures to micro-manage the facilities on a regular basis and at least once would not be given. See 142 Cong. R. S 625 General Counsel’s operations in this area each Congress may well defeat an otherwise (daily ed., Jan. 9, 1995) (section-by-section would be improper in the absence of any reasonable expectation of privacy in such of- analysis of the CAA submitted by Senator statutory authority. fices and other facilities. See, e.g., United GRASSLEY) (‘‘[T]he act does not provide that C. Inspections, Citations, and Complaints States v. Bunkers, 521 F.2d 1217, 1219–20 (9th employing offices are to receive notice of the Cir.) (search of postal worker’s locker au- 1. Objection to inspection, entry not a waiv- inspections.’’). Thus, the commenters’ argu- thorized by regulation), cert. denied, 423 U.S. er, advance notice of inspection, require- ment that advance notice of inspections is 989 (1975); United States v. Taketa, 923 F.2d 665, ment of ex parte administrative inspection required by OSHA regulations and practice, 672 (9th Cir. 1991) (valid regulation may de- warrants (sections 4.04, 4.05, and 4.06) or by the CAA, is not supported by the stat- feat an otherwise reasonable expectation of Three commenters requested that the Ex- ute. Indeed, as one of the commenters ac- workplace privacy); see also Donovan v. knowledged, its proposal requiring advance ecutive Director issue regulations requiring Dewey, 452 U.S. 593 (1981) (legislative schemes the General Counsel to provide advance no- notice would require a re-writing of the in- authorizing warrantless administrative spection authority of section 8(a) of the tice of an inspection to employing offices or searches of commercial property do not nec- to seek a warrant before conducting a non- OSHAct, applied by section 215, to read that essarily violate the Fourth Amendment). the General Counsel is authorized ‘‘upon the consensual search of employing offices. One In any event, whether Barlow’s and its notice and consent of the employing office to commenter argued that the Supreme Court’s progeny apply in the context of the CAA is a enter [without delay and] at reasonable decision in Marshall v. Barlow’s, Inc., 436 U.S. question that need not be decided here. Sec- times . . .’’ Adoption of a such a rule, which 307 (1978), which held that the Fourth tion 215 does not provide a mechanism by is plainly at odds with the underlying stat- Amendment’s protection against unreason- which warrants may be issued. Section 215 ute, would be improper. able searches and seizures applies to non- contemplates the assignment of hearing offi- One of the commenters argued alter- consensual inspection of private commercial cers, but only after a complaint has been natively that proposed section 4.06 be modi- property, applies to administrative inspec- filed by the General Counsel. See 2 U.S.C. fied to include the provisions of section tions of legislative branch employing offices § 1341(c)(3). Moreover, there is no provision in 1903.6, which authorizes advance notice in by another legislative branch entity; the the CAA that would allow such applications certain specified circumstances. The provi- commenter further argued that the rules to be heard by federal judges. Compare 2 sions of section 1903.6, with appropriate should require that the General Counsel first U.S.C. § 1405(f)(3) (authorizing federal district modifications, will be included as part of the notify the employing office of the intent to court to issue orders requiring persons to ap- final regulations, since such an enforcement inspect, obtain written consent prior to in- pear before the hearing officer to give testi- policy is not deemed to add to or alter any spections, and schedule an appointment with mony and produce records). Thus, there is no substantive provision in the underlying stat- employing offices for such inspections. The statutory basis upon which such a procedure ute. other commenter argued that, regardless of could be adopted by the Executive Director. This commenter also requested that sec- whether the Fourth Amendment’s protection The commenters incorrectly assume that, tion 4.06 be modified to require the General applies equally to congressional offices, absent a warrant procedure, the General Counsel to issue a written statement ex- similar privacy interests apply to employing Counsel would nevertheless enter a work- plaining why advance notice was not pro- offices to enable them to conduct their legis- space over the objection of the employing of- vided to the employing office. Nothing under lative business free from unreasonable fice/s with jurisdiction over the area or con- the CAA or the OSHAct authorizes or sug- searches. These commenters asked that the trol of the space involved. Just as it would gests such a requirement, nor would any pur- procedural rules include provisions similar be improper to assume that employing of- pose of the CAA be served. Thus, no such to those of section 1903.4 of the Secretary’s fices would engage in a wholesale refusal to modification will be made. rules, which were amended to authorize the allow inspections, it cannot be assumed that Finally, section 4.05 (Entry not a waiver) Secretary to secure an ex parte administra- the General Counsel will attempt to force in- will be modified to specifically refer to sec- tive warrant upon refusal to consent to a spectors into work areas over the employing tion 215 of the CAA, as requested by a com- search in response to the Barlow’s decision. office’s objection. See 29 U.S.C. § 657(a)(2) menter. See 45 Fed. Reg. 65916 (Oct. 3, 1980) (Final rule (Secretary authorized ‘‘to inspect and inves- amending section 1903.4, 29 C.F.R.). The third tigate during regular working hours and at 2. References to recordkeeping requirements commenter also requested that the final reg- other reasonable times, and within reason- (sections 4.02 and 4.07) ulations include the compulsory process/ex able limits and in a reasonable manner Two commenters objected to references in parte administrative warrants provisions of .. .’’). In the typical case, the General Coun- proposed section 4.02 of the regulations to section 1903.4, but did not explain how inclu- sel can be expected to ascertain the reason ‘‘records required by the CAA and regula- sion of such a provision would be authorized for the refusal and attempt to secure vol- tions promulgated thereunder,’’ and a simi- by section 215 of the CAA. untary consent to conduct the inspection. If lar reference in section 4.07, on the theory It is not entirely clear that the Fourth the employing office continues to refuse an that no recordkeeping requirements, even Amendment’s protections that bar the inspection, there are options presently avail- those that are inextricably intertwined with warrantless search of commercial premises able to the General Counsel to secure access the substantive health and safety standards apply (or apply with equal force) to inspec- to the space. These options would include, of Parts 1910 and 1926, 29 C.F.R., may be im- tions of a legislative branch office by an- among others, seeking such consent from the posed on employing offices under the CAA. other legislative branch entity, albeit an relevant committee(s) of the Congress that The commenters presented no different argu- independent one. The protections of the have responsibilities for the office space or ments than those fully considered and re- Fourth Amendment were designed to protect work area involved, and seeking consent jected by the Board in promulgating its sub- privacy interests against intrusion by the from the Architect of the Capitol and/or stantive section 215 regulations. See 142 government; it is, therefore, not obvious other entities that have superintendence or Cong. R. at S63. Because the Board has that they apply to prohibit one legislative other responsibility for and authority over adopted substantive health and safety stand- branch enforcement entity (the General the facility and access to and/or control of ards which impose limited recordkeeping re- Counsel) from conducting an investigation of the space involved. If such options are quirements on employing offices (e.g., rules another legislative branch entity (an indi- unavailing, the General Counsel could sim- relating to employee exposure records), such vidual employing office). To be sure, there ply note the refusal of the employing office records are subject to review during an in- may be portions of an employing office to to allow the inspection in, for example, the spection. The Executive Director thus has no which individual persons’ expectations of inspection report submitted to the Congress. basis for the proposed deletion. S3952 CONGRESSIONAL RECORD — SENATE May 5, 1997 3. Security clearances (section 4.02) OSHAct, as applied by section 215 of the ing ‘‘de minimis’’ violations, consistent with Two commenters suggested that section CAA, would sanction such a rule. section 9(a) of the OSHAct and 29 C.F.R. 4.02 of the proposed regulation be amended to 6. Inspector compliance with health and §§ 1903.14 and 1903.16. Section 9(a) of the provide that the General Counsel or other safety requirements (section 4.07) OSHAct provides, in relevant part, that person conducting a work site inspection ob- Two commenters requested that section ‘‘[t]he Secretary may prescribe procedures tain an appropriate security clearance before 4.07 of the proposed regulations add the pro- for the issuance of a notice in lieu of a cita- inspecting areas that contain classified in- visions of 29 C.F.R. § 1903.7(c), which provide tion with respect to de minimis violations formation. The General Counsel reports that that health and safety inspectors take rea- which have no direct or immediate relation- he is in the process of obtaining, through the sonable safety precautions to ensure that ship to safety or health.’’ Although OSHA appropriate security division of the United their inspection practices are not hazardous formerly required inspectors to issue cita- States Capitol Police, security clearances for and comply with the employer’s safety and tions on de minimis violations under this pro- the General Counsel and the General Coun- health rules at the work site. This enforce- vision, the practice has been abandoned. sel’s inspection personnel to enable them to ment policy will be included within the final OSHA Field Inspection Reference Manual ch. have access to such areas, if access is re- regulations. III.C.2.g. (1994) (‘‘De Minimis violations . . . quired as part of a section 215 inspection. 7. Consultation with employees (section 4.09) shall not be included in citations. . . . The Section 4.02, and other sections as appro- Section 4.09 tracks the provisions of sec- employer should be verbally notified of the priate, will be amended to state that the tion 1903.10 of the Secretary’s regulations, violation and the [Compliance Safety and General Counsel and/or any inspection per- which provide that inspectors may consult Health Officer] should note it in the inspec- sonnel will be required to either have or ob- with employees concerning health and safety tion case file.’’). Thus, a provision enabling tain appropriate security clearance, if such and other matters deemed necessary for an the General Counsel to issue notices for de clearance is required for access to the work- effective and thorough inspection, and that minimis violations is of little practical utility spaces inspected. afford employees an opportunity to bring under section 215. However, the text of sec- 4. Requests for inspections by employing violations to the attention of the inspectors tion 215(c)(2)(A) authorizes the General office (section 4.03) during the course of an inspection. A com- Counsel to issue a ‘‘citation or notice,’’ menter has requested that section 4.09 be One commenter noted that, although sec- which reasonably would include a notice of modified to require specific limits on the de minimis violations. Including such a provi- tion 4.03(b) provides that employing office time, place, and manner of such consulta- sion in these regulations is consistent with requests for inspections must be reduced to tions, and that employees be required to first the CAA, and does not create a substantive writing on a form provided by the Office, put in writing violations that they intend to there is no requirement in section 4.03(a) bring to the attention of inspectors during requirement. Thus, sections 4.11 and 4.13 will that employee requests be submitted on an the course of an inspection. Nothing in sec- be modified to provide that the General Office-provided form. Section 4.03(a) will be tion 215 of the CAA or the provisions of the Counsel may issue notices of de minimis vio- modified to provide that employee requests OSHAct incorporated thereunder requires or lations in appropriate cases, as requested by be reduced in writing on an Office-provided permits the modifications requested by the the commenters. form. The commenter has asked that any commenter. form developed be submitted for review and 11. Failure to correct a violation for which a 8. Inspection not warranted; informal review comment from employing offices prior to its citation has been issued; notice of failure (section 4.10) approval. Since the form is merely an inves- to correct a violation; complaint (section tigative tool of the General Counsel, there is A commenter requested that proposed sec- 4.14) no reason to require that it be ‘‘approved’’ by tion 4.10(a) be revised to state that, after conducting informal conferences to review a Section 4.14(a) of the proposed regulations the Board prior to issuance. Inspection forms provide that, ‘‘if the General Counsel deter- and other similar documents relating to the decision not to conduct an inspection of a work site, the General Counsel ‘‘shall’’ (rath- mines’’ that an employing office has failed General Counsel’s enforcement procedures to correct timely an alleged violation, he or are available from the General Counsel. er than ‘‘may’’) affirm, modify or reverse the decision. The final regulations will include she ‘‘may’’ issue a notification of such fail- 5. Scope and nature of inspection (sections the change suggested by the commenter. ure before filing a complaint against the of- 4.03 and 4.08) A second commenter requested that the fice. Two commenters argued that the pro- One commenter has asked that section final regulations include the provisions of 29 posed regulations are contrary to section 4.03(2) be modified to provide that inspec- C.F.R. § 1903.12(a), which permit parties to 215(c)(2)(B) of the CAA because they do not tions will be limited to matters included in make written submissions as part of the in- require the General Counsel to issue a notifi- the notice of violation. Section 4.03(2) is formal conference. The final regulations will cation before filing a complaint. Similarly, based on virtually identical provisions of the include these provisions, as suggested by the these commenters argued that section 5.01 be Secretary’s regulations, 29 C.F.R. § 1903.11. commenter. modified to require the General Counsel to Nothing in section 215 or the provisions of 9. Citations (section 4.11) conduct a follow-up inspection as a pre- the OSHAct incorporated thereunder would Two commenters requested that section requisite to filing a complaint under section authorize placing a limitation on the Gen- 4.11 of the final regulations include the lan- 215. Nothing in section 215(c)(2)(B) requires eral Counsel’s inspection authority, as pro- guage of 29 C.F.R. § 1903.14(a) that ‘‘No cita- the General Counsel to issue a notification posed by the commenter. tion may be issued under this section after or to conduct a follow-up inspection prior to Similarly, section 8(e) of the OSHAct, 29 the expiration of six months following the filing a complaint. Instead, section 215 U.S.C. § 657(e), and proposed section 4.08 pro- occurrence of any violation.’’ The com- grants the General Counsel the authority to vide that a representative of the employer menters argued that the proposed regula- file a complaint after issuing ‘‘a citation or and a representative authorized by the em- tions ‘‘omit this important substantive notification,’’ if the General Counsel deter- ployees shall be given an opportunity to ac- right’’ under section 9(c) of the OSHAct. Sec- mines that a violation has not been cor- company the inspector, and section 4.08 will tion 9(c) of the OSHAct is a temporal limita- rected. 2 U.S.C. § 1341(c)(3). not be modified to provide that parties be tion on the ability of the Secretary to issue given the opportunity to seek immediate re- a citation and thus is included within the The section-by-section analysis of the CAA view of the General Counsel’s determinations scope of section 215(c). It applies regardless explains the basis for section 215(c)(2)’s lan- regarding authorized representatives, or to of whether or not a procedural regulation guage authorizing the General Counsel to provide specific standards by which the Gen- ‘‘implements’’ it. Nevertheless, because the issue a citation or a notice. It makes clear eral Counsel may deny the right of accom- proposed provision simply tracks the clear that section 215 does not require the General paniment, or that parties have a ‘‘fair’’ op- and unambiguous statutory provision of sec- Counsel to issue a notification prior to filing portunity to accompany the General Coun- tion 9(c) of the OSHAct and does not purport a complaint where an employing office has sel’s designee during the inspection, as sug- to create or modify any substantive right, it failed to abate a hazard outlined in the cita- gested by two commenters. As with the pro- will be included in section 4.11 of the final tion: [Under section 215] the general counsel posed modifications of section 4.03, nothing regulations. can issue a citation and proceed to file a in section 215, the OSHAct, or the Sec- One commenter requested that section complaint if the violation remains unabated. retary’s rules and practice under the 4.11(a), which authorizes the General Counsel Or the general counsel may file a notifica- OSHAct, would authorize placing these limi- to issue citations or notices even if the em- tion after the citation is not complied with, tations on the General Counsel’s enforce- ploying office immediately abates, or initi- and then file a complaint. The general coun- ment authorities. On the contrary, such a ates steps to abate the violation, be deleted. sel may not file a notification without hav- modification provides parties with a tool for However, this provision tracks the language ing first filed a citation which has not been delay, allowing an office to forestall prompt of section 1903.14(a) and is consistent with honored. The choice whether to follow a cita- inspection and abatement of hazards while section 215 of the CAA. Thus, it will not be tion with a complaint once it is evident that the parties litigate the issue of whether an modified as requested by the commenter. there has not been compliance, or to file a employing office was denied a ‘‘fair’’ oppor- 10. De minimis violations (sections 4.11 and notification before the filing of the com- tunity for accompaniment or whether a rep- 4.13) plaint, will normally turn on whether the resentative of employees is an appropriately Two commenters argued that the Execu- general counsel believes that good faith ef- authorized representative. Nothing in the tive Director should adopt provisions regard- forts are being undertaken to comply with May 5, 1997 CONGRESSIONAL RECORD — SENATE S3953 the citation, but the time period for com- portions of sections 8, 9, and 10 of the 14. Trade secrets plete remediation of the citation period has OSHAct that do not relate to the Secretary’s A commenter requested that the regula- expired.’’ 141 Cong. R. S621, S625 (daily ed. authority to conduct inspections or to issue tions include the provisions of section 1903.7, Jan. 9, 1995) (section-by-section analysis). citations or notices are not incorporated 29 C.F.R., relating to protection of trade se- Therefore, because the commenters’ re- into sections 215(c). Instead, section 215(c) crets information. Section 1903.7 implements quested change is contrary to the statutory provides a detailed procedure regarding in- section 15 of the OSHAct, which provides procedure outlined in section 215, it may not spections and citations which, although that information obtained by the Secretary be adopted as a procedure of the Office under modeled on sections 8, 9, and 10 of the in connection with any inspection or pro- section 303. OSHAct, differs in several significant re- ceeding under the OSHAct ‘‘which might re- 2. Informal conferences (section 4.15) spects from the OSHAct enforcement veal a trade secret referred to in section 1905 One commenter requested that section 4.15 scheme. of title 18 of the United States Code’’ shall be be modified to require the General Counsel For example, under section 10 of the considered confidential. It is not clear that to allow participation in an informal con- OSHAct, the employer must initiate a con- section 15 of the OSHAct applies to proceed- ference by persons other than the requesting test within 15 days of receipt to prevent the ings under section 215 of the CAA. However, party (complaining employee or employing citation from becoming final; under section the current procedural rules attempt to pro- office). Section 4.15, which states that such 215(c), the General Counsel must initiate a tect privileged or otherwise confidential in- participation is ‘‘at the discretion of the complaint to obtain a final order against an formation from disclosure in CAA proceed- General Counsel,’’ tracks section 1903.19 of employing office that fails or refuses to ings. If any employing office possessed infor- the Secretary’s regulations and is consistent abate a hazard outlined in the citation. Sec- mation that constituted a ‘‘trade secret’’ with section 215 of the CAA. Thus, it will not tion 10(c) of the OSHAct gives employees and within the meaning of section 15, the Office’s be modified as requested by the commenter. representatives of employees a right to par- procedures recognize that confidential or However, as requested by the commenter, ticipate as parties before the Occupational privileged materials or other information section 4.15 will be revised to clarify that Safety and Health Appeals Review Board; should be protected from disclosure in appro- any settlement entered into between the par- section 215(c)(5) does not provide such party priate circumstances. See section 6.01 (c)(3) ties to such a conference shall be subject to participation rights to employees and sug- and (d) of the Procedural Rules (authorizing the approval of the Executive Director, to gests that only the General Counsel and the hearing officers to issue any order to prevent conform to section 414 of the CAA. employing office may participate in any re- discovery or disclosure of confidential or 13. Notice of contest view of decisions issued under section 215. privileged materials or information, and dealing with claims of privilege). If employ- A commenter argued that the procedural Section 215(c) of the CAA outlines the spe- ing offices maintain information that would regulations should provide a procedure for cific procedures regarding variances, cita- constitute ‘‘trade secrets’’ within the mean- filing notices of contest, as outlined in 29 tions, notifications and hearings under sec- ing of section 15 of the OSHAct, protection C.F.R. § 1903.17 and consistent with section tion 215. Any procedural regulations adopted against disclosure of such information 9(a) of the OSHAct. However, the changes by the Executive Director under section 303 should be extended to inspections and other proposed by the commenter would flatly con- of the CAA cannot conflict with these statu- information gathering under section 215. Ac- tradict the statutory procedures outlined in torily-mandated procedures. See United cordingly, the final rules will include, with section 215. As the Board noted in its rule- States v. Fausto, 108 S.Ct. 668, 677 (1988) (the appropriate modification, the provisions of making under section 215, the statutory en- provision of detailed review procedures pro- section 1903.7 as section 4.07(g). forcement scheme under section 215 differs vides strong evidence that Congress intended significantly from the comparable statutory such procedures to be exclusive); Block v. D. Variances provisions of the OSHAct. Community Nutrition Institute, 467 U.S. 340, 1. Publication of variance determinations The enforcement procedures of the OSHAct 345–48 (1984) (omission of review procedures and notices (sections 4.23, 4.25, 4.26, and 4.28) are set forth in sections 8, 9, 10, and 11 of the for consumers affected by milk market or- Two commenters requested that sections OSHAct, 29 U.S.C. §§ 657–660. Section 8(a) of ders, coupled with the provision of such pro- 4.23, 4.25, 4.26, and 4.28 specify the manner in the OSHAct authorizes the Secretary’s in- cedures for milk handlers so affected, was which the Board’s final determinations and spectors to conduct reasonable safety and strong evidence that Congress intended to other notices will be made public, either by preclude consumers from obtaining judicial health inspections at places of employment. publication in the CONGRESSIONAL RECORD or 29 U.S.C. § 657(a). If a violation is discovered, review); Whitney Nat. Bank v. Bank of New its equivalent. The regulations will be the inspector may issue a citation to the em- Orleans & Tr. Co., 85 S.Ct. 551, 557 (1965) amended to provide that the Board shall ployer under section 9(a) of the OSHAct, spe- (where Congress has provided statutory re- transmit a copy of the final decision to the cifically describing the violation, fixing a view procedures, such procedures are to be Speaker of the House and President pro tem- reasonable time for its abatement and, in his exclusive). pore of the Senate with a request that the or her discretion, proposing a civil monetary Given the fact that section 215(c) sets forth order be published in the CONGRESSIONAL penalty. 29 U.S.C. §§ 658, 659. Section 8(c) per- a detailed enforcement procedure which is RECORD. Since the CAA does not require pub- mits an employer to notify the Secretary significantly different than the procedures of lication of such orders in the CONGRESSIONAL that it intends to contest the citation. 29 the OSHAct, it is reasonable to conclude RECORD, the decision to publish in the CON- U.S.C. § 659(c). If the employer does not con- that Congress did not intend the Board to GRESSIONAL RECORD is solely within the dis- test the citation within 15 working days, it presume that the regulations regarding such cretion of Congress. procedures would be ‘‘the same’’ as the Sec- becomes a final abatement order and is ‘‘not Hearings (sections 4.25 and 4.26) subject to review by any court or agency.’’ 29 retary’s procedures, as they generally must Two commenters have suggested that the U.S.C. § 659(b). Section 10(c) of the OSHAct be if they fall within the Board’s substantive provisions regarding referral of matters ap- also gives an employee or representative of rulemaking authority under section 215(d)(2). propriate for hearing to hearing officers in employees a right to contest the period of See Lorillard v. Pons, 434 U.S. 575 (1978) (man- sections 4.25 and 4.26 of the proposed regula- time fixed in the citation for abatement of ner in which Congress employed incorpora- tions be revised to replace ‘‘may’’ with the violation. In either event, the Occupa- tion by reference evidenced an intent on the ‘‘shall’’ to conform to the language of sec- tional Safety and Health Review Commis- part of Congress to assimilate the remedies tion 215. They further suggest that the ref- sion must afford the employer and/or the em- and procedures of the FLSA into the ADEA, erences in section 4.25 and 4.26 requiring ap- ployee ‘‘an opportunity for a hearing.’’ 29 except in those cases where, in the ADEA it- plicants to include a request for a hearing be U.S.C. § 659(c). Section 10(c) also requires the self, Congress made plain its decision to fol- deleted as unnecessary. After considering Commission to provide affected employees or low a different course than that provided for these comments and the statutory language, their representatives ‘‘an opportunity to par- in the FLSA). Thus, the commenters’ inter- the regulations will be amended to provide ticipate as parties to hearings under this pretation is not supported by section 215. for referral to hearing officers. subsection.’’ Id. Here, there is no statutory authority for Rather than either incorporating by ref- the filing and determination of notices of E. Enforcement policy regarding employee res- erence the statutory enforcement procedures contest by employing offices. The only way cue activities of the OSHAct described above or adopting in which a safety and health issue can be Two commenters argued that the regula- them in haec verba in section 215, the CAA presented to a hearing officer is in connec- tions should include the provisions of sub- provides a detailed statutory enforcement tion with a complaint filed by the General section (f) of 29 C.F.R. § 1903.14, which pro- scheme which departs from the OSHAct in Counsel. These procedural regulations can- vides that, with certain exceptions, no cita- several significant respects. Section 215(c) not be used to engraft provisions not pro- tions may be issued to an employer because makes reference to sections 8(a), 8(d), 8(e), vided for in the statute and, more impor- of rescue activity undertaken by an em- 8(f), 9, and 10 of the OSHAct, but only to the tantly, which conflict with the procedures ployee. However, this provision was adopted extent of granting the General Counsel the expressly set forth therein. For the same by the Secretary as ‘‘a general statement of ‘‘authorities of the Secretary’’ contained in reasons, there is no statutory basis upon agency policy’’ and is ‘‘an exercise of OSHA’s those sections to ‘‘inspect and investigate which to create a procedure allowing an em- prosecutorial discretion in carrying out its places of employment’’ and to ‘‘issue a cita- ploying office to petition for modification of enforcement responsibilities’’ under the tion or notice . . . or a notification’’ to em- abatement dates (29 C.F.R. § 1903.14a), as re- OSHAct. See ‘‘Policy on Employee Rescue Ef- ploying offices. Section 215(c)(1), (2). Other quested by this commenter. forts,’’ 59 Fed. Reg. 66612 (Dec. 27, 1994) S3954 CONGRESSIONAL RECORD — SENATE May 5, 1997 (amending 29 C.F.R. pt. 1903 to add section Rules, such comments and suggestions were may rely on its FAX status report sheet to 1903.7; noting that rule is effective imme- not the subject of or germane to the propos- show that it filed the document in a timely diately upon publication because ‘‘the rescue als made in that rulemaking. 142 Cong. R. manner, provided that the status report indi- policy simply states OSHA’s enforcement H10672, H10674 and S10980, S10981 (daily ed., cates the date of the FAX, the receiver’s policy’’ regarding citations involving em- Sept. 19, 1996). Nor are they here. The Notice FAX number, the number of pages included ployee rescue activities). Because it is an en- of this rulemaking clearly stated that the in the FAX, and that transmission was com- forcement policy, the Secretary reserves the proposed revisions and additions to the pro- pleted. right to modify it ‘‘in specific circumstances cedural rules were intended to provide for § 1.04(d) where the Secretary or his designee deter- the implementation of Parts B and C of title (d) Final decisions. Pursuant to section mines that an alternative course of action II of the CAA, which were generally effective 416(f) of the Act, a final decision entered by would better serve the objectives of the on January 1, 1997, and to establish proce- a Hearing Officer or by the Board under sec- Act.’’ 29 C.F.R. § 1903.1. The General Counsel dures for consideration of matters arising tion 405(g) or 406(e) of the Act, which is in has stated his intention to follow, where not under those parts. favor of the complaining covered employee, inconsistent with the CAA, the enforcement As stated in the September 19, 1996 Notice or in favor of the charging party under sec- policies of the Secretary, which would in- of Adoption of Amendments, the Office, like tion 210 of the Act, or reverses a Hearing Of- clude the policy on employee rescue activi- most agencies, reviews its policies and proce- ficer’s decision in favor of a complaining ties. Thus, this policy will be expressly stat- dures on an ongoing basis. Where its experi- covered employee or charging party, shall be ed as part of the final procedural regulations ence suggests that additional or amended made public, except as otherwise ordered by at section 4.11(f), as requested by the com- procedures are needed, it will modify its the Board. The Board may make public any menters. However, so that such policies are policies and propose amendments to its pro- other decision at its discretion. consistent with the Secretary’s part 1903 reg- cedures, to the extent appropriate under the § 1.05(a) ulations, the final regulations will add the CAA. proviso of section 1903.1, 29 C.F.R., that, to (a) An employee, other charging individual Signed at Washington, D.C. on this 18th or party, a witness, a labor organization, an the extent statements in these regulations day of April, 1997. at section 4.01 set forth general enforcement employing office, or an entity alleged to be RICKY SILBERMAN, responsible for correcting a violation wish- policies they may be modified in specific cir- Executive Director, cumstances by the General Counsel on the ing to be represented by another individual Office of Compliance. must file with the Office a written notice of same terms as similar enforcement policies IV. Text of adopted amendments to procedural of the Secretary. designation of representative. The represent- rules. ative may be, but is not required to be, an F. Regulations governing inspections, cita- § 1.01 Scope and Policy attorney. tions, and notices in the case of Member These rules of the Office of Compliance § 1.07(a) retirement, defeat, and office moves govern the procedures for consideration and (a) In General. Section 416(a) of the CAA A commenter has requested regulations resolution of alleged violations of the laws provides that counseling under section 402 that would specify the employing office to made applicable under Parts A, B, C, and D shall be strictly confidential, except that the whom the General Counsel should issue cita- of title II of the Congressional Accountabil- Office and a covered employee may agree to tions and notices in cases where cir- ity Act of 1995. The rules include procedures notify the employing office of the allega- cumstances have changed since the time of for counseling, mediation, and for electing tions. Section 416(b) provides that all medi- the alleged violation, such as when a Mem- between filing a complaint with the Office of ation shall be strictly confidential. Section ber dies, retires, or is not reelected, or when Compliance and filing a civil action in a dis- 416(c) provides that all proceedings and de- an employing office moves from one office to trict court of the United States. The rules liberations of hearing officers and the Board, another. After considering the matter, the also address the procedures for variances and including any related records shall be con- Executive Director has determined that it compliance, investigation and enforcement fidential, except for release of records nec- would be inappropriate to issue procedural under Part C of title II and procedures for essary for judicial actions, access by certain rules governing these issues. The hypo- the conduct of hearings held as a result of committees of Congress, and, in accordance thetical situations posited by the commenter the filing of a complaint and for appeals to with section 416(f), publication of certain are better addressed by the General Counsel final decisions. Section 416(c) does not apply and ultimately, the Board, in the context of the Board of Directors of the Office of Com- to proceedings under section 215 of the Act, actual cases. When and if the situations hy- pliance from Hearing Officer decisions, as but does apply to the deliberations of hear- pothesized by the commenter occur, the Gen- well as other matters of general applicabil- ing officers and the Board under section 215. eral Counsel and the Board are better posi- ity to the dispute resolution process and to See also sections 1.06, 5.04 and 7.12 of these tioned to make determinations based on the the operations of the Office of Compliance. It rules. facts presented. See NLRB v. Bell Aerospace is the policy of the Office that these rules Co., 416 U.S. 267, 294–95 (1974) (use of adjudica- shall be applied with due regard to the rights Subpart D—Compliance, Investigation, En- tion rather than rulemaking within agency of all parties and in a manner that expedites forcement and Variance Procedures Under discretion). the resolution of disputes. Section 215 of the CAA (Occupational Safe- ty and Health Act of 1970) G. Technical and nomenclature changes § 1.02(i) Inspections, Citations, and Complaints Commenters have suggested a number of (i) Party. The term ‘‘party’’ means: (1) an technical and nomenclature corrections in employee or employing office in a proceeding Sec. the language of the proposed regulations. under Part A of title II of the Act; (2) a 4.01 Purpose and scope The Executive Director has considered all of charging individual, an entity alleged to be 4.02 Authority for inspection these suggestions and, as appropriate, has responsible for correcting a violation, or the 4.03 Request for inspections by employees adopted them. General Counsel in a proceeding under Part and employing offices B of title II of the Act; (3) an employee, em- 4.04 Objection to inspection H. Additional comments ploying office, or as appropriate, the General 4.05 Entry not a waiver One of the commenters requested that the Counsel in a proceeding under Part C of title 4.06 Advance notice of inspection Executive Director review several proposed II of the Act; or (4) a labor organization, in- 4.07 Conduct of inspections changes in procedural rules suggested by dividual employing office or employing ac- 4.08 Representatives of employing offices and commenters in response to the earlier July tivity, or, as appropriate, the General Coun- employees 11, 1996 Notice of Proposed Rulemaking and sel in a proceeding under Part D of title II of 4.09 Consultation with employees either promulgate regulations to address the Act. 4.10 Inspection not warranted; informal re- these issues or supply a written response as § 1.03(a)(3) view to why such regulations are not necessary. 4.11 Citations These suggestions included: (1) changes in (3) Faxing documents. Documents transmit- 4.12 Imminent danger the special procedures for the Architect of ted by FAX machine will be deemed filed on 4.13 Posting of citations the Capitol and Capitol Police; (2) a rule al- the date received at the Office at 202–426– 4.14 Failure to correct a violation for which lowing parties to negotiate changes to the 1913, or, in the case of any document to be a citation has been issued; notice of fail- Agreement to Mediate; (3) a procedure by filed or submitted to the General Counsel, on ure to correct violation; complaint which the parties, instead of the Executive the date received at the Office of the General 4.15 Informal conferences Director, would select Hearing Officers; (4) Counsel at 202–426–1663. A FAX filing will be procedures by which the Office would notify timely only if the document is received no Rules of Practice for Variances, Limitations, employing offices of various matters; (5) ad- later than 5:00 PM Eastern Time on the last Variations, Tolerances, and Exemptions ditional requirements for the filing of a com- day of the applicable filing period. Any party 4.20 Purpose and scope plaint; (6) changes in counseling procedures; using a FAX machine to file a document 4.21 Definitions and (7) a procedure which would allow par- bears the responsibility for ensuring both 4.22 Effect of variances ties to petition for the recusal of individual that the document is timely and accurately 4.23 Public notice of a granted variance, lim- Board members. transmitted and confirming that the Office itation, variation, tolerance, or exemp- As stated in the preamble of the Notice of has received a facsimile of the document. tion Adoption of Amendments to Procedural The party or individual filing the document 4.24 Form of documents May 5, 1997 CONGRESSIONAL RECORD — SENATE S3955 4.25 Applications for temporary variances the notice meets the requirements set forth section 4.08(b) as to situations where there is and other relief in subparagraph (1) of this section, and that no authorized representative of employees.) 4.26 Applications for permanent variances there are reasonable grounds to believe that Upon the request of the employing office, the and other relief the alleged violation exists, he or she shall General Counsel will inform the authorized 4.27 Modification or revocation of orders cause an inspection to be made as soon as representative of employees of the inspec- 4.28 Action on applications practicable, to determine if such alleged vio- tion, provided that the employing office fur- 4.29 Consolidation of proceedings lation exists. Inspections under this section nishes the General Counsel’s designee with 4.30 Consent findings and rules or orders shall not be limited to matters referred to in the identity of such representative and with 4.31 Order of proceedings and burden of proof the notice. such other information as is necessary to en- Inspections, Citations and Complaints (3) Prior to or during any inspection of a able him promptly to inform such represent- ative of the inspection. Advance notice in § 4.01 Purpose and scope place of employment, any covered employee or representative of employees may notify any of the situations described in paragraph The purpose of sections 4.01 through 4.15 of the General Counsel’s designee, in writing, of (a) of this section shall not be given more this subpart is to prescribe rules and proce- any violation of section 215 of the CAA which than 24 hours before the inspection is sched- dures for enforcement of the inspection and he or she has reason to believe exists in such uled to be conducted, except in apparent im- citation provisions of section 215(c)(1) minent danger situations and in other un- through (3) of the CAA. For the purpose of place of employment. Any such notice shall comply with the requirements of subpara- usual circumstances. sections 4.01 through 4.15, references to the § 4.07 Conduct of inspections ‘‘General Counsel’’ include any authorized graph (1) of this section. (a) Subject to the provisions of section 4.02, representative of the General Counsel. In sit- (b) By employing offices. Upon written re- inspections shall take place at such times uations where sections 4.01 through 4.15 set quest of any employing office, the General and in such places of employment as the forth general enforcement policies rather Counsel or the General Counsel’s designee General Counsel may direct. At the begin- than substantive or procedural rules, such shall inspect and investigate places of em- ning of an inspection, the General Counsel’s policies may be modified in specific cir- ployment under the jurisdiction of employ- designee shall present his or her credentials cumstances where the General Counsel or ing offices under section 215(c)(1) of the CAA. to the operator of the facility or the manage- the General Counsel’s designee determines Any such requests shall be reduced to writ- ment employee in charge at the place of em- that an alternative course of action would ing on a form available from the Office. ployment to be inspected; explain the nature better serve the objectives of section 215 of § 4.04 Objection to inspection and purpose of the inspection; and indicate the CAA. Upon a refusal to permit the General Coun- generally the scope of the inspection and the § 4.02 Authority for Inspection sel’s designee, in exercise of his or her offi- records specified in section 4.02 which he or (a) Under section 215(c)(1) of the CAA, upon cial duties, to enter without delay and at she wishes to review. However, such designa- written request of any employing office or reasonable times any place of employment tion of records shall not preclude access to covered employee, the General Counsel is au- or any place therein, to inspect, to review additional records specified in section 4.02. thorized to enter without delay and at rea- records, or to question any employing office, (b) The General Counsel’s designee shall sonable times any place of employment operator, agent, or employee, in accordance have authority to take environmental sam- under the jurisdiction of an employing of- with section 4.02 or to permit a representa- ples and to take or obtain photographs relat- fice; to inspect and investigate during regu- tive of employees to accompany the General ed to the purpose of the inspection, employ lar working hours and at other reasonable Counsel’s designee during the physical in- other reasonable investigative techniques, times, and within reasonable limits and in a spection of any workplace in accordance and question privately, any employing of- reasonable manner, any such place of em- with section 4.07, the General Counsel’s des- fice, operator, agent or employee of a cov- ployment, and all pertinent conditions, ignee shall terminate the inspection or con- ered facility. As used herein, the term ‘‘em- structures, machines, apparatus, devices, fine the inspection to other areas, condi- ploy other reasonable investigative tech- equipment and materials therein; to ques- tions, structures, machines, apparatus, de- niques’’ includes, but is not limited to, the tion privately any employing office, opera- vices, equipment, materials, records, or use of devices to measure employee expo- tor, agent or employee; and to review records interviews concerning which no objection is sures and the attachment of personal sam- required by the CAA and regulations promul- raised. The General Counsel’s designee shall pling equipment such as dosimeters, pumps, gated thereunder, and other records which endeavor to ascertain the reason for such re- badges and other similar devices to employ- are directly related to the purpose of the in- fusal, and shall immediately report the re- ees in order to monitor their exposures. spection. fusal and the reason therefor to the General (c) In taking photographs and samples, the (b) Prior to inspecting areas containing in- Counsel, who shall take appropriate action. General Counsel’s designees shall take rea- formation which is classified by an agency of § 4.05 Entry not a waiver sonable precautions to insure that such ac- the United States Government (and/or by tions with flash, spark-producing, or other any congressional committee or other au- Any permission to enter, inspect, review equipment would not be hazardous. The Gen- thorized entity within the Legislative records, or question any person, shall not eral Counsel’s designees shall comply with Branch) in the interest of national security, imply or be conditioned upon a waiver of any all employing office safety and health rules and for which security clearance is required cause of action or citation under section 215 and practices at the workplace or location as a condition for access to the area(s) to be of the CAA. being inspected, and they shall wear and use inspected, the individual(s) conducting the § 4.06 Advance notice of inspections appropriate protective clothing and equip- inspection shall have obtained the appro- (a) Advance notice of inspections may not ment. priate security clearance. be given, except in the following situations: (d) The conduct of inspections shall be § 4.03 Requests for inspections by employees and (1) in cases of apparent imminent danger, to such as to preclude unreasonable disruption covered employing offices enable the employing office to abate the dan- of the operations of the employing office. ger as quickly as possible; (2) in cir- (e) At the conclusion of an inspection, the (a) By covered employees and representatives. General Counsel’s designee shall confer with (1) Any covered employee or representative cumstances where the inspection can most the employing office or its representative of covered employees who believes that a effectively be conducted after regular busi- and informally advise it of any apparent violation of section 215 of the CAA exists in ness hours or where special preparations are safety or health violations disclosed by the necessary for an inspection; (3) where nec- any place of employment under the jurisdic- inspection. During such conference, the em- essary to assure the presence of representa- tion of employing offices may request an in- ploying office shall be afforded an oppor- tives of the employing office and employees spection of such place of employment by giv- tunity to bring to the attention of the Gen- or the appropriate personnel needed to aid in ing notice of the alleged violation to the eral Counsel’s designee any pertinent infor- the inspection; and (4) in other cir- General Counsel. Any such notice shall be re- mation regarding conditions in the work- cumstances where the General Counsel de- duced to writing on a form available from place. the Office, shall set forth with reasonable termines that the giving of advance notice (f) Inspections shall be conducted in ac- particularity the grounds for the notice, and would enhance the probability of an effective cordance with the requirements of this sub- shall be signed by the employee or the rep- and thorough inspection. part. resentative of the employees. A copy shall be (b) In the situations described in paragraph (g) Trade Secrets. provided to the employing office or its agent (a) of this section, advance notice of inspec- (1) At the commencement of an inspection, by the General Counsel or the General Coun- tions may be given only if authorized by the the employing office may identify areas in sel’s designee no later than at the time of in- General Counsel, except that in cases of ap- the establishment which contain or which spection, except that, upon the written re- parent imminent danger, advance notice might reveal a trade secret as referred to in quest of the person giving such notice, his or may be given by the General Counsel’s des- section 15 of the OSHAct and section 1905 of her name and the names of individual em- ignee without such authorization if the Gen- title 18 of the United States Code. If the Gen- ployees referred to therein shall not appear eral Counsel is not immediately available. eral Counsel’s designee has no clear reason in such copy or on any record published, re- When advance notice is given, it shall be the to question such identification, information leased, or made available by the General employing office’s responsibility promptly to contained in such areas, including all nega- Counsel. notify the authorized representative of em- tives and prints of photographs, and environ- (2) If upon receipt of such notification the ployees, if the identity of such representa- mental samples, shall be labeled ‘‘confiden- General Counsel’s designee determines that tive is known to the employing office. (See tial—trade secret’’ and shall not be disclosed S3956 CONGRESSIONAL RECORD — SENATE May 5, 1997 by the General Counsel and/or his designees, shall be afforded an opportunity to bring any (d) After an inspection, if the General except that such information may be dis- violation of section 215 of the CAA which he Counsel determines that a citation is not closed to other officers or employees con- or she has reason to believe exists in the warranted with respect to a danger or viola- cerned with carrying out section 215 of the workplace to the attention of the General tion alleged to exist in a request for inspec- CAA or when relevant in any proceeding Counsel’s designee. tion under section 4.03(a)(1) or a notification under section 215. In any such proceeding the § 4.10 Inspection not warranted; informal review of violation under section 4.03(a)(3), the in- hearing officer or the Board shall issue such (a) If the General Counsel’s designee deter- formal review procedures prescribed in 4.15 orders as may be appropriate to protect the mines that an inspection is not warranted shall be applicable. After considering all confidentiality of trade secrets. because there are no reasonable grounds to views presented, the General Counsel shall (2) Upon the request of an employing of- believe that a violation or danger exists with affirm the previous determination, order a fice, any authorized representative of em- respect to a notice of violation under section reinspection, or issue a citation if he or she ployees under section 4.08 in an area contain- 4.03(a), he or she shall notify the party giv- believes that the inspection disclosed a vio- ing trade secrets shall be an employee in ing the notice in writing of such determina- lation. The General Counsel shall furnish the that area or an employee authorized by the tion. The complaining party may obtain re- party that submitted the notice and the em- employing office to enter that area. Where view of such determination by submitting a ploying office with written notification of there is no such representative or employee, written statement of position with the Gen- the determination and the reasons therefor. the General Counsel’s designee shall consult eral Counsel and, at the same time, provid- The determination of the General Counsel with a reasonable number of employees who ing the employing office with a copy of such shall be final and not reviewable. work in that area concerning matters of statement by certified mail. The employing (e) Every citation shall state that the issu- safety and health. office may submit an opposing written state- ance of a citation does not constitute a find- § 4.08 Representatives of employing offices and ment of position with the General Counsel ing that a violation of section 215 has oc- employees and, at the same time, providing the com- curred. (a) The General Counsel’s designee shall be plaining party with a copy of such statement (f) No citation may be issued to an employ- in charge of inspections and questioning of by certified mail. Upon the request of the ing office because of a rescue activity under- persons. A representative of the employing complaining party or the employing office, taken by an employee of that employing of- office and a representative authorized by its the General Counsel, at his or her discretion, fice with respect to an individual in immi- employees shall be given an opportunity to may hold an informal conference in which nent danger unless: accompany the General Counsel’s designee the complaining party and the employing of- (1)(i) Such employee is designated or as- during the physical inspection of any work- fice may orally present their views. After signed by the employing office to have re- place for the purpose of aiding such inspec- considering all written and oral views pre- sponsibility to perform or assist in rescue tion. The General Counsel’s designee may sented, the General Counsel shall affirm, operations, and permit additional employing office rep- modify, or reverse the designee’s determina- (ii) The employing office fails to provide resentatives and additional representatives tion and furnish the complaining party and protection of the safety and health of such authorized by employees to accompany the the employing office with written notifica- employee, including failing to provide appro- designee where he or she determines that tion of this decision and the reasons there- priate training and rescue equipment; or such additional representatives will further for. The decision of the General Counsel (2)(i) Such employee is directed by the em- aid the inspection. A different employing of- shall be final and not reviewable. ploying office to perform rescue activities in (b) If the General Counsel’s designee deter- fice and employee representative may ac- the course of carrying out the employee’s job mines that an inspection is not warranted company the General Counsel’s designee dur- duties, and because the requirements of section 4.03(a)(1) ing each different phase of an inspection if (ii) The employing office fails to provide have not been met, he or she shall notify the this will not interfere with the conduct of protection of the safety and health of such complaining party in writing of such deter- the inspection. employee, including failing to provide appro- (b) The General Counsel’s designee shall mination. Such determination shall be with- priate training and rescue equipment; or out prejudice to the filing of a new notice of have authority to resolve all disputes as to (3)(i) Such employee is employed in a alleged violation meeting the requirements who is the representative authorized by the workplace that requires the employee to of section 4.03(a)(1). employing office and employees for the pur- carry out duties that are directly related to pose of this section. If there is no authorized § 4.11 Citations a workplace operation where the likelihood representative of employees, or if the Gen- (a) If, on the basis of the inspection, the of life-threatening accidents is foreseeable, eral Counsel’s designee is unable to deter- General Counsel believes that a violation of such as a workplace operation where employ- mine with reasonable certainty who is such any requirement of section 215 of the CAA, ees are located in confined spaces or trench- representative, he or she shall consult with a or of any standard, rule or order promul- es, handle hazardous waste, respond to emer- reasonable number of employees concerning gated pursuant to section 215 of the CAA, has gency situations, perform excavations, or matters of safety and health in the work- occurred, he or she shall issue a citation to perform construction over water; and place. the employing office responsible for correc- (ii) Such employee has not been designated (c) The representative(s) authorized by em- tion of the violation, as determined under or assigned to perform or assist in rescue op- ployees shall be an employee(s) of the em- section 1.106 of the Board’s regulations im- erations and voluntarily elects to rescue ploying office. However, if in the judgment plementing section 215 of the CAA, either a such an individual; and of the General Counsel’s designee, good cause citation or a notice of de minimis violations (iii) The employing office has failed to in- has been shown why accompaniment by a that have no direct or immediate relation- struct employees not designated or assigned third party who is not an employee of the ship to safety or health. An appropriate cita- to perform or assist in rescue operations of employing office (such as an industrial hy- tion or notice of de minimis violations shall the arrangements for rescue, not to attempt gienist or a safety engineer) is reasonably be issued even though after being informed rescue, and of the hazards of attempting res- necessary to the conduct of an effective and of an alleged violation by the General Coun- cue without adequate training or equipment. thorough physical inspection of the work- sel, the employing office immediately (4) For the purpose of this policy, the term place, such third party may accompany the abates, or initiates steps to abate, such al- ‘‘imminent danger’’ means the existence of General Counsel’s designee during the in- leged violation. Any citation shall be issued any condition or practice that could reason- spection. with reasonable promptness after termi- ably be expected to cause death or serious (d) The General Counsel’s designee may nation of the inspection. No citation may be physical harm before such condition or prac- deny the right of accompaniment under this issued under this section after the expiration tice can be abated. section to any person whose conduct inter- of 6 months following the occurrence of any § 4.12 Imminent danger alleged violation. feres with a fair and orderly inspection. With (a) Whenever and as soon as a designee of regard to information classified by an agen- (b) Any citation shall describe with par- ticularity the nature of the alleged viola- the General Counsel concludes on the basis cy of the U.S. Government (and/or by any of an inspection that conditions or practices congressional committee or other authorized tion, including a reference to the provi- sion(s) of the CAA, standard, rule, regula- exist in any place of employment which entity within the Legislative Branch) in the could reasonably be expected to cause death interest of national security, only persons tion, or order alleged to have been violated. Any citation shall also fix a reasonable time or serious physical harm immediately or be- authorized to have access to such informa- or times for the abatement of the alleged fore the imminence of such danger can be tion may accompany the General Counsel’s violation. eliminated through the enforcement proce- designee in areas containing such informa- (c) If a citation or notice of de minimis dures otherwise provided for by section tion. violations is issued for a violation alleged in 215(c), he or she shall inform the affected em- § 4.09 Consultation with employees a request for inspection under section ployees and employing offices of the danger The General Counsel’s designee may con- 4.03(a)(1), or a notification of violation under and that he or she is recommending the fil- sult with employees concerning matters of section 4.03(a)(3), a copy of the citation or ing of a petition to restrain such conditions occupational safety and health to the extent notice of de minimis violations shall also be or practices and for other appropriate relief he or she deems necessary for the conduct of sent to the employee or representative of in accordance with section 13(a) of the an effective and thorough inspection. During employees who made such request or notifi- OSHAct, as applied by section 215(b) of the the course of an inspection, any employee cation. CAA. Appropriate citations may be issued May 5, 1997 CONGRESSIONAL RECORD — SENATE S3957 with respect to an imminent danger even ees, the General Counsel may hold an infor- § 4.25 Applications for temporary variances though, after being informed of such danger mal conference for the purpose of discussing and other relief by the General Counsel’s designee, the em- any issues raised by an inspection, citation, (a) Application for variance. Any employing ploying office immediately eliminates the or notice issued by the General Counsel. Any office, or class of employing offices, desiring imminence of the danger and initiates steps settlement entered into by the parties at a variance from a standard, or portion there- to abate such danger. such conference shall be subject to the ap- of, authorized by section 6(b)(6)(A) of the § 4.13 Posting of citations proval of the Executive Director under sec- OSHAct, as applied by section 215 of the (a) Upon receipt of any citation under sec- tion 414 of the CAA and section 9.05 of these CAA, may file a written application contain- tion 215 of the CAA, the employing office rules. If the conference is requested by the ing the information specified in paragraph shall immediately post such citation, or a employing office, an affected employee or (b) of this section with the Board. Pursuant copy thereof, unedited, at or near each place the employee’s representative shall be af- to section 215(c)(4) of the CAA, the Board an alleged violation referred to in the cita- forded an opportunity to participate, at the shall refer any matter appropriate for hear- tion occurred, except as provided below. discretion of the General Counsel. If the con- ing to a hearing officer under subsections (b) Where, because of the nature of the employ- ference is requested by an employee or rep- through (h) of section 405, subject to review ing office’s operations, it is not practicable resentative of employees, the employing of- by the Board pursuant to section 406. The to post the citation at or near each place of fice shall be afforded an opportunity to par- procedures set forth at sections 7.01 through alleged violation, such citation shall be post- ticipate, at the discretion of the General 7.16 of these rules shall govern hearings ed, unedited, in a prominent place where it Counsel. Any party may be represented by under this subpart. will be readily observable by all affected em- counsel at such conference. (b) Contents. An application filed pursuant ployees. For example, where employing of- RULES OF PRACTICE FOR VARIANCES, LIMITA- to paragraph (a) of this section shall include: fices are engaged in activities which are TIONS, VARIATIONS, TOLERANCES, AND EX- (1) The name and address of the applicant; physically dispersed, the citation may be EMPTIONS (2) The address of the place or places of em- posted at the location to which employees § 4.20 Purpose and scope ployment involved; report each day. Where employees do not pri- Sections 4.20 through 4.31 contain rules of (3) A specification of the standard or por- marily work at or report to a single location, practice for administrative proceedings to tion thereof from which the applicant seeks the citation may be posted at the location grant variances and other relief under sec- a variance; from which the employees operate to carry tions 6(b)(6)(A) and 6(d) of the Williams- (4) A representation by the applicant, sup- out their activities. The employing office Steiger Occupational Safety and Health Act ported by representations from qualified per- shall take steps to ensure that the citation of 1970, as applied by section 215(c)(4) of the sons having first-hand knowledge of the facts is not altered, defaced, or covered by other CAA. represented, that the applicant is unable to comply with the standard or portion thereof material. Notices of de minimis violations § 4.21 Definitions need not be posted. by its effective date and a detailed state- (b) Each citation, or a copy thereof, shall As used in sections 4.20 through 4.31, unless ment of the reasons therefor; remain posted until the violation has been the context clearly requires otherwise— (5) A statement of the steps the applicant abated, or for 3 working days, whichever is (a) OSHAct means the Williams-Steiger Oc- has taken and will take, with specific dates later. The pendency of any proceedings re- cupational Safety and Health Act of 1970, as where appropriate, to protect employees garding the citation shall not affect its post- applied to covered employees and employing against the hazard covered by the standard; ing responsibility under this section unless offices under section 215 of the CAA. (6) A statement of when the applicant ex- and until the Board issues a final order (b) Party means a person admitted to par- pects to be able to comply with the standard vacating the citation. ticipate in a hearing conducted in accord- and of what steps the applicant has taken (c) An employing office to whom a citation ance with this subpart. An applicant for re- and will take, with specific dates where ap- has been issued may post a notice in the lief and any affected employee shall be enti- propriate, to come into compliance with the same location where such citation is posted tled to be named parties. The General Coun- standard; indicating that the citation is being con- sel shall be deemed a party without the ne- (7) A statement of the facts the applicant tested before the Board, and such notice may cessity of being named. would show to establish that (i) the appli- explain the reasons for such contest. The em- (c) Affected employee means an employee cant is unable to comply with a standard by ploying office may also indicate that speci- who would be affected by the grant or denial its effective date because of unavailability of fied steps have been taken to abate the viola- of a variance, limitation, variation, toler- professional or technical personnel or of ma- tion. ance, or exemption, or any one of the em- terials and equipment needed to come into ployee’s authorized representatives, such as compliance with the standard or because § 4.14 Failure to correct a violation for which a the employee’s collective bargaining agent. citation has been issued; notice of failure to necessary construction or alteration of fa- § 4.22 Effect of variances correct violation; complaint cilities cannot be completed by the effective All variances granted pursuant to this part date; (ii) the applicant is taking all available (a) If the General Counsel determines that shall have only future effect. In its discre- steps to safeguard its employees against the an employing office has failed to correct an tion, the Board may decline to entertain an hazards covered by the standard; and (iii) the alleged violation for which a citation has application for a variance on a subject or applicant has an effective program for com- been issued within the period permitted for issue concerning which a citation has been ing into compliance with the standard as its correction, he or she may issue a notifica- issued to the employing office involved and a quickly as practicable; tion to the employing office of such failure proceeding on the citation or a related issue (8) A statement that the applicant has in- prior to filing a complaint against the em- concerning a proposed period of abatement is formed its affected employees of the applica- ploying office under section 215(c)(3) of the pending before the General Counsel, a hear- tion by giving a copy thereof to their author- CAA. Such notification shall fix a reasonable ing officer, or the Board until the completion ized representative, posting a statement, giv- time or times for abatement of the alleged of such proceeding. ing a summary of the application and speci- violation for which the citation was issued fying where a copy may be examined, at the and shall be posted in accordance with sec- § 4.23 Public notice of a granted variance, limi- tation, variation, tolerance, or exemption place or places where notices to employees tion 4.13 of these rules. Nothing in these are normally posted, and by other appro- The Board will transmit every final action rules shall require the General Counsel to priate means; and granting a variance, limitation, variation, issue such a notification as a prerequisite to (9) A description of how affected employees tolerance, or exemption under this part to filing a complaint under section 215(c)(3) of have been informed of the application and of the Speaker of the House of Representatives the CAA. their right to petition the Board for a hear- (b) If after issuing a citation or notifica- and the President pro tempore of the Senate ing. tion, the General Counsel believes that a vio- with a request that such final action be pub- (c) Interim order—(1) Application. An appli- lation has not been corrected, the General lished in the Congressional record. Every cation may also be made for an interim order Counsel may file a complaint with the Office such final action shall specify the alter- to be effective until a decision is rendered on against the employing office named in the native to the standard involved which the the application for the variance filed pre- citation or notification pursuant to section particular variance permits. viously or concurrently. An application for 215(c)(3) of the CAA. The complaint shall be § 4.24 Form of documents an interim order may include statements of submitted to a hearing officer for decision (a) Any applications for variances and fact and arguments as to why the order pursuant to subsections (b) through (h) of other papers which are filed in proceedings should be granted. The hearing officer to section 405, subject to review by the Board under sections 4.20 through 4.31 of these rules whom the Board has referred the application pursuant to section 406. The procedures of shall be written or typed. All applications may rule ex parte upon the application. sections 7.01 through 7.16 of these rules gov- for variances and other papers filed in vari- (2) Notice of denial of application. If an ap- ern complaint proceedings under this sec- ance proceedings shall be signed by the ap- plication filed pursuant to paragraph (c)(1) of tion. plying employing office, by its attorney or this section is denied, the applicant shall be § 4.15 Informal conferences other authorized representative, and shall given prompt notice of the denial, which At the request of an affected employing of- contain the information required by sections shall include, or be accompanied by, a brief fice, employee, or representative of employ- 4.25 or 4.26 of these rules, as applicable. statement of the grounds therefor. S3958 CONGRESSIONAL RECORD — SENATE May 5, 1997 (3) Notice of the grant of an interim order. If § 4.27 Modification or revocation of orders § 4.30 Consent findings and rules or orders an interim order is granted, a copy of the (a) Modification or revocation. An affected (a) General. At any time before the recep- order shall be served upon the applicant for employing office or an affected employee tion of evidence in any hearing, or during the order and other parties and the terms of may apply in writing to the Board for a any hearing a reasonable opportunity may the order shall be transmitted by the Board modification or revocation of an order issued be afforded to permit negotiation by the par- to the Speaker of the House of Representa- under section 6(b)(6)(A), or 6(d) of the ties of an agreement containing consent tives and the President pro tempore of the OSHAct, as applied by section 215 of the findings and a rule or order disposing of the Senate with a request that the order be pub- CAA. The application shall contain: whole or any part of the proceeding. The al- lished in the Congressional Record. It shall (i) The name and address of the applicant; lowance of such opportunity and the dura- be a condition of the order that the affected (ii) A description of the relief which is tion thereof shall be in the discretion of the employing office shall give notice thereof to sought; hearing officer, after consideration of the na- affected employees by the same means to be (iii) A statement setting forth with par- ture of the proceeding, the requirements of used to inform them of an application for a ticularity the grounds for relief; the public interest, the representations of variance. (iv) If the applicant is an employing office, the parties, and the probability of an agree- § 4.26 Applications for permanent variances and a certification that the applicant has in- ment which will result in a just disposition other relief formed its affected employees of the applica- of the issues involved. (a) Application for variance. Any employing tion by: (b) Contents. Any agreement containing office, or class of employing offices, desiring a. Giving a copy thereof to their author- consent findings and rule or order disposing a variance authorized by section 6(d) of the ized representative; of a proceeding shall also provide: OSHAct, as applied by section 215 of the b. Posting at the place or places where no- (1) That the rule or order shall have the CAA, may file a written application contain- tices to employees are normally posted, a same force and effect as if made after a full ing the information specified in paragraph statement giving a summary of the applica- hearing; (b) of this section, with the Board. Pursuant tion and specifying where a copy of the full (2) That the entire record on which any to section 215(c)(4) of the CAA, the Board application may be examined (or, in lieu of rule or order may be based shall consist sole- shall refer any matter appropriate for hear- the summary, posting the application itself); ly of the application and the agreement; ing to a hearing officer under subsections (b) and (3) A waiver of any further procedural through (h) of section 405, subject to review c. Other appropriate means. steps before the hearing officer and the by the Board pursuant to section 406. (v) If the applicant is an affected employee, Board; and (b) Contents. An application filed pursuant a certification that a copy of the application (4) A waiver of any right to challenge or to paragraph (a) of this section shall include: has been furnished to the employing office; contest the validity of the findings and of (1) The name and address of the applicant; and the rule or order made in accordance with (2) The address of the place or places of em- (vi) Any request for a hearing, as provided the agreement. ployment involved; in this part. (c) Submission. On or before the expiration (3) A description of the conditions, prac- (b) Renewal. Any final order issued under of the time granted for negotiations, the par- tices, means, methods, operations, or proc- section 6(b)(6)(A) of the OSHAct, as applied ties or their counsel may: esses used or proposed to be used by the ap- by section 215 of the CAA, may be renewed or (1) Submit the proposed agreement to the plicant; extended as permitted by the applicable sec- hearing officer for his or her consideration; (4) A statement showing how the condi- tion and in the manner prescribed for its is- or tions, practices, means, methods, operations, suance. (2) Inform the hearing officer that agree- or processes used or proposed to be used § 4.28 Action on applications ment cannot be reached. (d) Disposition. In the event an agreement would provide employment and places of em- (a) Defective applications. (1) If an applica- containing consent findings and rule or order ployment to employees which are as safe and tion filed pursuant to sections 4.25(a), 4.26(a), is submitted within the time allowed there- healthful as those required by the standard or 4.27 does not conform to the applicable for, the hearing officer may accept such from which a variance is sought; section, the hearing officer or the Board, as (5) A certification that the applicant has agreement by issuing his or her decision applicable, may deny the application. informed its employees of the application by based upon the agreed findings. (2) Prompt notice of the denial of an appli- (i) giving a copy thereof to their authorized cation shall be given to the applicant. § 4.31 Order of Proceedings and Burden of Proof representative; (ii) posting a statement giv- (3) A notice of denial shall include, or be (a) Order of proceeding. Except as may be ing a summary of the application and speci- accompanied by, a brief statement of the ordered otherwise by the hearing officer, the fying where a copy may be examined, at the grounds for the denial. party applicant for relief shall proceed first place or places where notices to employees (4) A denial of an application pursuant to at a hearing. are normally posted (or in lieu of such sum- this paragraph shall be without prejudice to (b) Burden of proof. The party applicant mary, the posting of the application itself); the filing of another application. shall have the burden of proof. and (iii) by other appropriate means; and (b) Adequate applications. (1) If an applica- (6) A description of how employees have § 5.01(a)(2) tion has not been denied pursuant to para- been informed of the application and of their (a)(2) The General Counsel may file a com- graph (a) of this section, the Office shall right to petition the Board for a hearing. plaint alleging a violation of section 210, 215 cause to be published a notice of the filing of (c) Interim order—(1) Application. An appli- or 220 of the Act. the application, which the Board will trans- cation may also be made for an interim order mit to the Speaker of the House of Rep- § 5.01(b)(2) to be effective until a decision is rendered on resentatives and the President pro tempore (b)(2) A complaint may be filed by the Gen- the application for the variance filed pre- of the Senate with a request that the order eral Counsel viously or concurrently. An application for be published in the Congressional Record. (i) after the investigation of a charge filed an interim order may include statements of (2) A notice of the filing of an application under section 210 or 220 of the Act, or fact and arguments as to why the order shall include: (ii) after the issuance of a citation or noti- should be granted. The hearing officer to (i) The terms, or an accurate summary, of fication under section 215 of the Act. whom the Board has referred the application the application; may rule ex parte upon the application. § 5.01(c)(2) (ii) a reference to the section of the (2) Notice of denial of application. If an ap- (c)(2) Complaints filed by the General Coun- OSHAct applied by section 215 of the CAA plication filed pursuant to paragraph (c)(1) of sel. A complaint filed by the General Counsel under which the application has been filed; this section is denied, the applicant shall be shall be in writing, signed by the General (iii) an invitation to interested persons to given prompt notice of the denial, which Counsel or his designee and shall contain the submit within a stated period of time writ- shall include, or be accompanied by, a brief following information: ten data, views, or arguments regarding the statement of the grounds therefor. (i) the name, address and telephone num- application; and (3) Notice of the grant of an interim order. If ber of, as applicable, (A) each entity respon- (iv) information to affected employing of- an interim order is granted, a copy of the sible for correction of an alleged violation of fices, employees, and appropriate authority order shall be served upon the applicant for section 210(b), (B) each employing office al- having jurisdiction over employment or the order and other parties, and the terms of leged to have violated section 215, or (C) each places of employment covered in the applica- the order shall be transmitted by the Board employing office and/or labor organization tion of any right to request a hearing on the to the Speaker of the House of Representa- alleged to have violated section 220, against application. tives and the President pro tempore of the which complaint is brought; Senate with a request that the order be pub- § 4.29 Consolidation of proceedings (ii) notice of the charge filed alleging a lished in the Congressional Record. It shall On the motion of the hearing officer or the violation of section 210 or 220 and/or issuance be a condition of the order that the affected Board or that of any party, the hearing offi- of a citation or notification under section employing office shall give notice thereof to cer or the Board may consolidate or contem- 215; affected employees by the same means to be poraneously consider two or more proceed- (iii) a description of the acts and conduct used to inform them of an application for a ings which involve the same or closely relat- that are alleged to be violations of the Act, variance. ed issues. including all relevant dates and places and May 5, 1997 CONGRESSIONAL RECORD — SENATE S3959 the names and titles of the responsible indi- manner in which compliance with the provi- ognition of his outstanding and enduring viduals; and sions of the decision or order has been ac- contributions through his entertainment ca- (iv) a statement of the relief or remedy complished. If complete compliance has not reer and humanitarian activities, and for sought. been accomplished within 30 days, the party other purposes. § 5.01(d) required to take any such action shall sub- H.R. 1001. An act to extend the term of ap- pointment of certain members of the Pro- (d) Amendments to the complaint may be mit a compliance report specifying why com- spective Payment Assessment Commission permitted by the Office or, after assignment, pliance with any provision of the decision or and the Physician Payment Review Commis- by a Hearing Officer, on the following condi- order has not yet been fully accomplished, sion. tions: that all parties to the proceeding have the steps being taken to assure full compli- adequate notice to prepare to meet the new ance, and the anticipated date by which full Under the authority of the order of allegations; that the amendments, as appro- compliance will be achieved. the Senate of January 7, 1997, the en- priate, relate to the violations for which the § 8.04 Judicial Review rolled bills were signed on May 1, 1997, employee has completed counseling and me- Pursuant to section 407 of the Act, during the adjournment of the Senate diation, or relate to the charge(s) inves- (a) the United States Court of Appeals for by the President pro tempore [Mr. tigated and/or the citation or notification is- the Federal Circuit shall have jurisdiction THURMOND]. sued by the General Counsel; and that per- over any proceeding commenced by a peti- mitting such amendments will not unduly tion of: f prejudice the rights of the employing office, (1) a party aggrieved by a final decision of ENROLLED BILL PRESENTED the labor organization, or other parties, un- the Board under section 406(e) in cases aris- duly delay the completion of the hearing or ing under part A of title II; The Secretary of the Senate reported otherwise interfere with or impede the pro- (2) a charging individual or respondent be- that on May 2, 1997, he had presented to ceedings. fore the Board who files a petition under sec- the President of the United States, the § 5.04 Confidentiality tion 210(d)(4); following enrolled bill: Pursuant to section 416(c) of the Act, ex- (3) the General Counsel or a respondent be- S. 305. An act to authorize the President to cept as provided in sub-sections 416(d), (e) fore the Board who files a petition under sec- award a gold medal on behalf of the Congress and (f), all proceedings and deliberations of tion 215(c)(5); or to Francis Albert ‘‘Frank’’ Sinatra in rec- Hearing Officers and the Board, including (4) the General Counsel or a respondent be- ognition of his outstanding and enduring any related records, shall be confidential. fore the Board who files a petition under sec- contributions through his entertainment ca- Section 416(c) does not apply to proceedings tion 220(c)(3) of the Act. reer and humanitarian activities, and for under section 215 of the Act, but does apply (b) The U.S. Court of Appeals for the Fed- other purposes. eral Circuit shall have jurisdiction over any to the deliberations of Hearing Officers and f the Board under section 215. A violation of petition of the General Counsel, filed in the the confidentiality requirements of the Act name of the Office and at the direction of the EXECUTIVE AND OTHER and these rules could result in the imposi- Board, to enforce a final decision under sec- COMMUNICATIONS tion of sanctions. Nothing in these rules tion 405(g) or 406(e) with respect to a viola- tion of part A, B, C, or D of title II of the The following communications were shall prevent the Executive Director from laid before the Senate, together with reporting statistical information to the Sen- Act. ate and House of Representatives, so long as (c) The party filing a petition for review accompanying papers, reports, and doc- that statistical information does not reveal shall serve a copy on the opposing party or uments, which were referred as indi- the identity of the employees involved or of parties or their representative(s). cated: employing offices that are the subject of a f EC–1786. A communication from the Sec- matter. See also sections 1.06, 1.07 and 7.12 of retary of Defense, transmitting, pursuant to these rules. REPORT ON THE U.S. COMPREHEN- law, notice of a retirement; to the Commit- § 7.07(f) SIVE PREPAREDNESS PRO- tee on Armed Services. EC–1787. A communication from the Gen- (f) If the Hearing Officer concludes that a GRAM—MESSAGE FROM THE eral Counsel of the Navy, transmitting a representative of an employee, a witness, a PRESIDENT—PM 32 draft of proposed legislation relative to the charging party, a labor organization, an em- The PRESIDING OFFICER laid be- Chief of Chaplains, United States Navy; to ploying office, or an entity alleged to be re- fore the Senate the following message the Committee on Armed Services. sponsible for correcting a violation has a from the President of the United EC–1788. A communication from the Chair- conflict of interest, he or she may, after giv- man of the Federal Election Commission, ing the representative an opportunity to re- States, together with an accompanying transmitting, pursuant to law, proposed reg- spond, disqualify the representative. In that report; which was referred to the Com- ulations relative to civil monetary penalties; event, within the time limits for hearing and mittee on Armed Services: to the Committee on Rules and Administra- decision established by the Act, the affected To the Congress of the United States: tion. party shall be afforded reasonable time to re- EC–1789. A communication from the Assist- tain other representation. The National Defense Authorization Act for Fiscal Year 1997 (Public Law ant Attorney General, Office of Legislative § 7.12 104–201), title XIV, section 1443 (Defense Affairs, Department of Justice, transmit- Pursuant to section 416 of the Act, all pro- Against Weapons of Mass Destruction), ting, pursuant to law, a report on the fab- ceedings and deliberations of Hearing Offi- rication of bombs and others weapons of cers and the Board, including the transcripts requires the President to transmit a re- mass destruction; to the Committee on the of hearings and any related records, shall be port to the Congress that describes the Judiciary. confidential, except as specified in section United States comprehensive readiness EC–1790. A communication from the Assist- 416(d), (e), and (f) of the Act. All parties to program for countering proliferation of ant Attorney General, Office of Legislative the proceeding and their representatives, and weapons of mass destruction. In ac- Affairs, Department of Justice, transmit- witnesses who appear at the hearing, will be cordance with this provision, I enclose ting, pursuant to law, a report on the activi- advised of the importance of confidentiality the attached report. ties and operations the Public Integrity Sec- in this process and of their obligations, sub- tion for calendar year 1995; to the Committee WILLIAM J. CLINTON. ject to sanctions, to maintain it. This provi- on the Judiciary. sion shall not apply to proceedings under THE WHITE HOUSE, May 2, 1997. EC–1791. A communication from the Execu- section 215 of the Act, but shall apply to the f tive Director the Federal Labor Relations deliberations of Hearing Officers and the Authority, transmitting, pursuant to law, Board under that section. MESSAGES FROM THE HOUSE the report for public information requests § 8.03(a) RECEIVED DURING ADJOURNMENT for calendar year 1996; to the Committee on Under the authority of the order of the Judiciary. (a) Unless the Board has, in its discretion, EC–1792. A communication from the Direc- stayed the final decision of the Office during the Senate of January 7, 1997, the Sec- tor of the Administrative Office of the Unit- the pendency of an appeal pursuant to sec- retary of Senate, on May 1, 1997, during ed States Courts, transmitting, pursuant to tion 407 of the Act, and except as provided in the adjournment of the Senate, re- law, the wiretap report for calendar year sections 210(d)(5) and 215(c)(6), a party re- ceived a message from the House of 1996; to the Committee on the Judiciary. quired to take any action under the terms of Representatives announcing that the a final decision of the Office shall carry out f its terms promptly, and shall within 30 days Speaker has signed the following en- rolled bills: INTRODUCTION OF BILLS AND after the decision or order becomes final and JOINT RESOLUTIONS goes into effect by its terms, provide the Of- S. 305. An act to authorize the President to fice and all other parties to the proceedings award a gold medal on behalf of the Congress The following bills and joint resolu- with a compliance report specifying the to Francis Albert ‘‘Frank’’ Sinatra in rec- tions were introduced, read the first S3960 CONGRESSIONAL RECORD — SENATE May 5, 1997 and second time by unanimous con- back into public land management and of administration officials deciding for sent, and referred as indicated: the word ‘‘environment,’’ back into en- all Americans how our public lands By Mr. MURKOWSKI: vironmental protection. should be used. It is by no means the S. 691. A bill entitled the ‘‘Public Land Passage of this act will ensure that only one, Mr. President. As the Sen- Management Participation Act of 1997’’; to all the gains that we made over the ator from Alaska, I have had a great the Committee on Energy and Natural Re- past quarter of a century in creating deal of personal experience in this sources. an open, participatory Government area. By Mr. REID: which affords strong environmental In 1978, President Jimmy Carter cre- S. 692. A bill to require that applications protection for our public lands are real- for passports for minors have parental signa- ated 17 national monuments in Alaska tures; to the Committee on Foreign Rela- ly protected. covering more than 55 million acres of tions. For those who thought that those lands. That is an area about the size of By Mr. D’AMATO: battles were fought and won with the South Carolina. He withdrew these S. 693. A bill to amend the Internal Reve- passage of the National Environmental lands, with the stroke of his pen—no nue Code of 1986 to provide that the value of Protection Act in 1969 and the Federal public process, no hearing, no partici- qualified historic property shall not be in- Land Policy Management Act in 1976, I pation from the State. This was then cluded in determining the taxable estate of a have some bad news. There is one last decedent; to the Committee on Finance. followed in short order by Secretary of battle to be fought. the Interior Cecil Andrus, who with- By Ms. SNOWE: Standing in this very Chamber on S. 694. A bill to establish reform criteria to drew an additional 50 million. A total permit payment of United States arrearages January 20, 1975, Mr. President, Sen- of 105 million acres, Mr. President. All in assessed contributions to the United Na- ator Henry ‘‘Scoop’’ Jackson of Wash- this land was withdrawn for multiple tions; to the Committee on Foreign Rela- ington State spoke to the passion use without any input from the people tions. Americans feel for their public lands. of my State, the public, or the Con- S. 695. A bill to restrict intelligence shar- He said: gress of the United States. With over ing with the United Nations; to the Commit- The public lands of the United States have tee on Foreign Relations. 100 million acres of withdrawn land always provided the arena in which we held over Alaska’s head, like the sword S. 696. A bill to establish limitations on Americans have struggled to fulfill our the use of funds for United Nations peace- dreams. Even today dreams of wealth, adven- of Damocles; we were forced to cut the keeping activities; to the Committee on For- ture, and escape are still being acted out on best deal we could. Twenty years later, eign Relations. those far-flung public lands. These lands and the people of my State are still strug- f the dreams—fulfilled and unfulfilled—which gling to cope with the weight of these they foster are part of our national destiny. decisions. SUBMISSION OF CONCURRENT AND They belong to all Americans. SENATE RESOLUTIONS I would not be here this afternoon if I quote and emphasize, Mr. President, the public, the people of Utah and Con- The following concurrent resolutions ‘‘They belong to all Americans.’’ gress, had not been denied a voice in and Senate resolutions were read, and Amazingly—there exist today legal the creation of the Grand Staircase- referred (or acted upon), as indicated: authorities by which the President, Escalante National Monument. I would By Mr. BENNETT (for himself, Mr. without the public process or congres- not be here if environmental protection D’AMATO, Mr. HELMS, Mr. DODD, Mr. sional approval, can create vast land procedures had not been ignored. ASHCROFT, Mrs. HUTCHISON, and Mr. management units called national But the people were denied the oppor- BROWNBACK): monuments, world heritage sites, and S. Res. 82. A resolution expressing the tunity to speak. Mr. President, Con- biospheric reserves. gress was denied its opportunity to sense of the Senate to urge the Clinton Ad- Special management units which af- participate, and environmental proce- ministration to enforce the provisions of the fect how millions of acres of our public Iran-Iraq Arms Non-Proliferation Act of 1992 dure was simply ignored. The only lands are managed. What people can do with respect to the acquisition by Iran of C- voice we have heard was the Presi- on those lands is also affected, what 802 cruise missiles; to the Committee on For- dent’s. Without bothering to ask us the future will be for surrounding com- eign Relations. what we thought about it, he told the munities. By Ms. SNOWE: citizens of Utah and the rest of the S. Con. Res. 24. A concurrent resolution ex- That is a powerful trust to bestow on country that he knew better than we pressing the sense of Congress on the impor- anyone, even a President. tance of the Eastern Orthodox Ecumenical On September 12, 1996, the good peo- did what was good for us. Patriarchate; to the Committee on Foreign ple of Utah woke up to find themselves Now, this is an administration that Relations. the most recent recipient of a philoso- prides itself in a public process. There S. Con. Res. 25. A concurrent resolution ex- was no public process here, Mr. Presi- pressing the sense of the Congress that the phy that says, ‘‘Trust us. We are from the Government, and we know what is dent. We had been debating for some Russian Federation should be strongly con- time the issue of Utah wilderness. It demned for its plan to provide nuclear tech- best for you.’’ On that day, standing nology to Iran, and that such nuclear trans- not in Utah but in the State of Ari- was ongoing, but the President, for po- fer would make Russia ineligible under zona, our President invoked the 1906 litical expediency, took it upon himself terms for the Freedom Support Act; to the Antiquities Act to create 1.7 million to invoke the Antiquities Act. It has Committee on Foreign Relations. acres of national monument in south- been a long time since anyone has had f ern Utah. the right to make those kind of unilat- Notice, Mr. President, he did not do eral public land decisions for the Amer- STATEMENTS ON INTRODUCED this in Utah. He did it in Arizona. One ican public. Since the passages of the BILLS AND JOINT RESOLUTIONS can only assume he might have had Federal Land Policy and Management By Mr. MURKOWSKI: some protests if he had done it in Utah. Act in 1976, we have had a system of S. 691. A bill entitled the ‘‘Public The withdrawal, however, took place in law underpinning public land use deci- Land Management Participation Act of Utah. It created a 1.7 million acre na- sions. Embodied with this law is public 1997’’; to the Committee on Energy and tional monument in the southern part participation. Agencies propose an ac- Natural Resources. of the State. By utilizing this anti- tion, they present the action to the THE PUBLIC LAND MANAGEMENT PARTICIPATION quated law, the President was able to public, the public debates the issue. ACT OF 1997 avoid—that’s right, avoid—Nation’s en- The public can then appeal bad deci- Mr. MURKOWSKI. Mr. President, I vironmental laws and ignore public sions, the courts resolve the disputes, will take this opportunity to rise this participation laws as well. With one and the management unit is then cre- afternoon to introduce a very impor- swipe of the pen, every shred of public ated. tant piece of legislation that I know input and environmental law promul- Where was this public process, Mr. the occupant of the chair will find in- gated in this country over the past President, in the special use designa- teresting. It is called the Public Land quarter of a century was shoved into tion of 1.7 million acres of Federal land Management Participation Act of 1997. the trash heap of political expediency. in southern Utah? The answer is clear: This legislation is intended to put What happened in Utah last fall is There wasn’t any. Since the passage of the word ‘‘public’’ and the populace but the latest example of a small cadre the National Environmental Policy Act May 5, 1997 CONGRESSIONAL RECORD — SENATE S3961 of 1969, activities which affect the envi- There has always been a sacred bond SEC. 4. CLARIFICATION OF PUBLIC AND CON- ronment are subject to strict environ- between the American people and the GRESSIONAL ROLES IN WORLD HER- ITAGE SITE LISTING. mental laws. Does anyone believe there lands they hold in common ownership. Section 401 of the National Historic Preser- was no environmental threat posed by No one, regardless of high station or vation Act Amendments of 1980 (16 U.S.C. the creation of a national monument? political influence, has the right to im- 470a–1) is amended Imagine how the sensitive natural pose his will over the means by which (1) in subsection (a) in the first sentence, features of the high desert environ- the destiny of those lands is decided. by ment would respond to the rhythmic This legislation reestablishes that (A) inserting ‘‘(in this section referred to pounding of unlimited hiking boots as the Convention)’’ after ‘‘1973’’; and bond. (B) inserting ‘‘and subject to subsections worn by legions of adoring visitors as Mr. President, I ask unanimous con- (b), (c), (d), (e), and (f)’’ before the period at they tromp through the area. Where is sent that additional material be print- the end; the NEPA compliance documentation ed in the RECORD. (2) in subsection (b) in the first sentence, associated with this action? There is There being no objection, the mate- by inserting ‘‘, subject to subsection (d),’’ not any. rial was ordered to be printed in the after ‘‘shall’’; and (3) adding at the end the following new The creation of specialized public use RECORD, as follows: designations such as national parks subsections: S. 691 ‘‘(d) If the area proposed for designation is and wilderness areas are debated with- SECTION 1. SHORT TITLE. not wholly contained within an existing unit in the Halls of Congress, right here. This Act may be cited as the ‘‘Public Land of the National Park System, the Secretary These debates provide for the financial Management Participation Act of 1997.’’ of the Interior and Agriculture; and legal responsibilities which come SEC. 2. PURPOSE. ‘‘(1) shall provide an opportunity for public involvement and by regulation shall estab- with the creation of special manage- The purpose of this Act is to ensure that lish procedures, including public hearings ment units. the public and the Congress have both the where appropriate, to give Federal, State, Where are the proceedings from those right and a reasonable opportunity to par- and local governments and the public, ade- debates? There aren’t any, Mr. Presi- ticipate in decisions that affect the use and quate notice and opportunity to comment dent. They simply don’t exist because, management of all public lands owned or upon and participate in the formulation of controlled by the Government of the United in the heat of an election year, the ad- plans relating to the designation of any States. ministration determined that the pub- lands owned by the United States for inclu- lic process, environmental analyses SEC. 3. CLARIFICATION OF PUBLIC AND CON- sion on the World Heritage List pursuant to GRESSIONAL ROLE IN DECLARATION and congressional deliberations were OF NATIONAL MONUMENTS. the Convention.’’ ‘‘(2) After such review, the Secretary of the simply a waste of time. The Antiquities Act (16 U.S.C. 431a) is Interior or Agriculture shall report to the Mr. President, either you believe in a amended by adding the following new sec- President his recommendations as to what public process or you do not; you can’t tion: lands owned by the United States warrant have it both ways. If we can no longer ‘‘431b. PUBLIC AND CONGRESSIONAL ROLES IN inclusion on the World Heritage List pursu- trust the administration to involve the NATIONAL MONUMENT DECLARATIONS.—(a) ant to the Convention.’’ The Secretaries of the Interior and Agri- public in major land use decisions, then ‘‘(3) The President shall advise the Presi- culture shall provide an opportunity for pub- where does it fall? It falls right here to dent of the Senate and the Speaker of the lic involvement and by regulation shall es- the Congress. House of Representatives of his rec- tablish procedures, including public hearings Mr. President, the legislation which I ommendations with respect to the designa- where appropriate, to give Federal, State, offer today will require any future des- tion of any lands owned by the United States and local governments and the public, ade- for inclusion on the World Heritage List pur- ignations of national monuments, quate notice and opportunity to comment suant to the Convention. Such advice by the world heritage sites, or biospheric re- upon and participate in the formulation of President shall be given within two years of serves to follow the public participa- plans relating to the declaration of national the receipt of each report from the Sec- tion principles laid down under exist- monuments upon the lands owned or con- retary. After the effective date of Public trolled by the Government of the United ing law over the past 25 years. No po- Land Participation Management Act, a rec- States pursuant to the authority of the An- etic images, no flowery words, no ommendation of the President for designa- tiquities Act (16 U.S.C. 431). smoke and mirrors, just good old-fash- tion of any lands owned by the United States ‘‘(b) In addition, the Secretary of the Inte- ioned public land management process. for inclusion on the World Heritage List rior and Agriculture shall, prior to any rec- Before these special land manage- shall become effective only if so provided by ommendations for declaration of an area, ment units can be created, my legisla- an Act of Congress.’’ ‘‘(i) ensure compliance with all applicable ‘‘(e) The Secretary of the Interior or Agri- tion will require that the agencies federal land management and environmental gather and analyze resource data af- culture shall object to the inclusion of any statutes, including the National Environ- property in the United States on the list of fected by the land use decisions; full mental Policy Act (40 U.S.C. 4321–4370d); World Heritage in Danger established under ‘‘(ii) cause mineral surveys to be conducted public participation in the creation of Article 11.4 of the Convention unless these units with all appeal rights pro- by the Geological Survey to determine the ‘‘(1) The Secretary has submitted to the tected; compliance with the National mineral values, if any, that may be present Speaker of the House and the President of Environmental Policy Act; congres- in such areas; the Senate a report describing the necessity ‘‘(iii) identify all existing rights held on for including that property on the list; and sional review and ratification, and federal lands contained within such areas by Presidential signature. ‘‘(2) The Secretary is specifically author- type and acreage; and ized to assent to the inclusion of the prop- No longer will an administration be ‘‘(iv) identify all State lands contained able to sidestep public participation erty on the list, by a joint resolution of the within such areas. Congress enacted after the date that report and environmental reviews to further ‘‘(c) After such reviews and mineral sur- is submitted. political agendas. Nobody—not even veys, the Secretary of the Interior or Agri- ‘‘(f) The Secretary of the Interior and Agri- the President of the United States culture shall report to the President his rec- culture shall submit an annual report on —should be above the law. ommendations as to what lands owned or each World Heritage Site within the United The Public Land Management Par- controlled by the Government of the United States to the Chairman and Ranking Minor- ticipation Act will make all future States warrant declaration as a national ity member of the Committee on Resources monument. of the House of Representatives and the land use decisions a joint responsibility ‘‘(d) The President shall advise the Presi- of the public, the Congress, and the Committee on Energy and Natural Resources dent of the Senate and the Speaker of the of the Senate, that contains the following in- President—no more loopholes. House of Representatives of his rec- formation for each site: I don’t question the need for national ommendations with respect to declaration as ‘‘(1) An accounting of all money expended monuments, world heritage sites, or national monuments of each such area, to- to manage the site. biospheric reserves. Sometimes they gether with a map thereof and a definition of ‘‘(2) A summary of Federal full time equiv- are needed to protect historic treas- its boundaries. Such advice by the President alent hours related to management of the ures, natural resources, et cetera. But shall be given within two years of the receipt site. if they are to serve the common good, of each report from the Secretary. After the ‘‘(3) A list and explanation of all non- effective date of Public Land Management governmental organizations contributing to they must be created under the same Participation Act, a recommendation of the the management of the site. system of land management law that President for declaration of a national ‘‘(4) A summary and account of the disposi- has governed the use of the public do- monument shall become effective only if so tion of complaints received by the Secretary main for the past 25 years. provided by an Act of Congress.’’ related to management of the site.’’. S3962 CONGRESSIONAL RECORD — SENATE May 5, 1997

SEC. 5. CLARIFICATION OF PUBLIC AND CON- SECTION 3. CLARIFICATION OF PUBLIC AND CON- sphere Reserve shall become effective until GRESSIONAL ROLES IN THE DES- GRESSIONAL ROLE IN DECLARATION OF NA- so provided for by an Act of Congress. IGNATION OF UNITED NATIONS BIO- TIONAL MONUMENTS (e) Directs the secretaries of Interior and SPHERE RESERVES. Agriculture to object to the inclusion of Title IV of the National Historic Preserva- This section amends the Antiquities Act by adding language that requires future Na- property of the United states without ex- tion Act Amendments of 1980 (16 U.S.C. 470a– plicit approval to do so by a joint resolution 1 et seq.) is amended by adding at the end tional Monument Declarations be proceeded by full public participation and Congres- of Congress. the following new section: (f) Requires the Secretaries of Interior and sional Ratification. ‘‘Sec. 403. (a) No Federal official may Agriculture to submit an annual report to 3(a) Directs the Secretaries of Interior and nominate any lands in the United States for Congress detailing the cost of operating the Agriculture to develop regulations that designation as a Biosphere Reserve under the site, who contributed to the management of allow Federal, State, and local governments Man and Biosphere Program of the United the site, and how any complaints about the Nations Educational, Scientific, and Cul- and the public to comment on and partici- site were handled. tural Organization. pate in the National Monument declaration ‘‘(b) Any designation of an area in the process. By Mr. REID: United States as a Biosphere Reserve under 3(b) Directs the Secretaries to conduct S. 692. A bill to require that applica- the Man and Biosphere Program of the Unit- mineral surveys and identify all existing tions for passports for minors have pa- ed Nations Educational, Scientific, and Cul- rights on lands contained within proposed National Monument boundaries. rental signatures; to the Committee on tural Organization shall not have, and shall Foreign Relations. not be given, any force or effect, unless the 3(c) Authorizes the Secretaries of Interior Biosphere Reserve is specifically authorized and Agriculture to make recommendations PASSPORT LEGISLATION by an Act of Congress. to the President lands which warrant inclu- Mr. REID. Mr. President, today I rise ‘‘(c) The Secretary of the Interior and Ag- sion in a National Monument. to introduce legislation which will help riculture shall provide an opportunity for 3(d) Authorizes the President to make rec- resolve a serious problem that plagues public involvement and by regulation shall ommendations to the Congress lands which this Nation. Last year, and unless we establish procedures, including public hear- warrant inclusion in a national monument. do something this year, 1,000 young ings where appropriate, to give Federal, Further states that no declaration of a monument shall become effective until so boys and girls will be abducted from State, and local governments and the public, their home and taken to foreign coun- adequate notice and opportunity to comment provided by an Act of Congress. upon and participate in the formulation of SECTION 4. CLARIFICATION OF PUBLIC AND CON- tries. Most of them will never come plans relating to the designation of any GRESSIONAL ROLES IN WORLD HERITAGE SITE back to this country. These are young lands owned by the United States as a Bio- LISTING people who have every right to be in sphere Reserve under the Man and Biosphere This section amends the National Historic this country, but one of their parents Program of the United Nations Educational, Preservation Act by adding language that re- gets a passport and takes them some- Scientific, and Cultural Organization. quires future World heritage Site designa- place. ‘‘(d) After such review, the Secretary of tions be proceeded by full public participa- This legislation I am introducing in- the Interior or Agriculture shall report to tion and Congressional ratification. volves a young boy by the name of the President his recommendations as to d(1) Directs the Secretaries of Interior and what lands owned by the United States war- Mikey Kale. His father was Croatian. Agriculture to develop regulations that His father got a passport signed—not rant inclusion as a Biosphere Reserve. allow Federal, State, and local governments ‘‘(e) The President shall advise the Presi- and the public to comment on and partici- notifying the mother—and went to Cro- dent of the Senate and the Speaker of the pate in the World Heritage Site Listing proc- atia. This is one of the happy endings House of Representatives of his rec- ess. of these stories. This young boy was al- ommendations with respect to the designa- d(2) Authorizes the Secretaries of Interior lowed to come home with his mother— tion of any lands owned by the United States and Agriculture to make recommendations not allowed to come home. She went for inclusion as a Biosphere Reserve. Such to the President lands which warrant inclu- through a lot of time and effort and advice by the President shall be given within sion in a World heritage Site. spent a lot of money to get him so she two years of the receipt of each report from d(3) Authorizes the President to make rec- the Secretary. After the effective date of could bring him home. ommendations to the Congress lands which Most of the time the children never Public Land Participation Management Act, warrant inclusion in a World heritage Site. a recommendation of the President for dec- Further states that no declaration of a return. For example, Mr. President, laration of a Biosphere Reserve shall become World heritage Site shall become effective this last week on ABC’s ‘‘Prime Time,’’ effective only if so provided by an Act of until so provided for by an Act of Congress. they featured a case very similar to the Congress. (e) Directs the secretaries of Interior and Mikey Kale case, a case that involved a ‘‘(f) The Secretary of State shall submit an Agriculture to object to the inclusion of mother who took a daughter to Costa annual report on each Biosphere Reserve property in the United states on a list of Rica. She did not have custody of the within the United States to the Chairman World heritage in Danger without explicit and Ranking Minority member of the Com- child. Sole custody was awarded to the approval to do so by a joint resolution of father. A warrant was issued for her ar- mittee on Resources of the House of Rep- Congress. resentatives and the Committee on Energy (f) Requires the Secretaries of Interior and rest. For more than 3 years this father and Natural Resources of the Senate, that Agriculture to submit an annual report to has searched, and suffered, trying to contains the following information for each Congress detailing the cost of operating each get back his daughter. He has been un- reserve: World heritage Site, who contributed to the able to do so. It appears, even pursuant ‘‘(1) An accounting of all money expended management of the site, and how any com- to that television program, that they to manage the reserve. plaints about the site were handled. ‘‘(2) A summary of Federal full time equiv- know where the child is, but because of alent hours related to management of the re- SECTION 5. CLARIFICATION OF PUBLIC AND CON- the complexity of the law in Costa serve. GRESSIONAL ROLES IN THE DESIGNATION OF Rica, the child has not been allowed to ‘‘(3) A list and explanation of all non- UNITED NATIONS BIOSPHERE RESERVES return. governmental organizations contributing to This section amends the National Historic Extradition law, generally, does not the management of the reserve. Preservation Act by adding language that re- include child abduction. So most par- ‘‘(4) A summary and account of the disposi- quires future Biosphere Reserve designations ents are stymied. I repeat, 1,000 young tion of the complaints received by the Sec- be proceeded by full public participation and boys and girls each year are abducted Congressional ratification. retary related to management of the re- in this manner. Usually, these abduc- serve.’’ (c) Directs the Secretaries of Interior and Agriculture to develop regulations that tions take place during or after a con- SECTION-BY-SECTION ANALYSIS OF S. 691 allow Federal, State, and local governments tentious divorce, sometimes even by an SECTION 1. SHORT TITLE and the public to comment on and partici- abusive parent, many times by an abu- pate in the Biosphere Reserve declaration Public Land Management Participation sive parent. At a time when these chil- process. Act of 1977. dren are most vulnerable and most un- (d) Authorizes the Secretaries of Interior certain about their future, they are SECTION 2. PURPOSE and Agriculture to make recommendations snatched and taken to a foreign coun- To ensure that the public and the Congress to the President lands which warrant inclu- have both the right and a reasonable oppor- sion in a Biosphere Reserve. try. tunity to participate in decisions that effect (e) Authorizes the President to make rec- The tragedy of this wrong is best il- the use and management of all public lands ommendations to the Congress lands which lustrated by an ordeal forced upon peo- owned or controlled by the Government of warrant inclusion in a national monument. ple from the State of Nevada. No fam- the United States. Further states that no declaration of a Bio- ily should have to go through what May 5, 1997 CONGRESSIONAL RECORD — SENATE S3963 Fred and Barbara Spierer went through the value of qualified historic property historical properties rather than sell or in 1993. Barbara’s ex-husband obtained shall not be included in determining develop them despite their desire to do a passport for 6-year-old Mikey with- the taxable estate of a decedent; to the so. Winston Churchill recognized the out Barbara’s knowledge, consent or Committee on Finance. importance of preserving historical approval. On Valentine’s Day, 1993, he THE ESTATE TAX HISTORY PRESERVATION ACT properties when in 1943 he said ‘‘We abducted Mikey, boarded an airplane, ∑ Mr. D’AMATO. Mr. President, I in- shape our buildings, and afterwards our and left for his country of Croatia, his troduce legislation that will provide a buildings shape us’’. native country. At that time, that new tax incentive for qualifying owners Mr President, I urge my colleagues country was, for lack of a better de- of national historic landmark houses on both sides of the aisle to join me in scription, in a state of war. After tre- that will encourage the preservation cosponsoring this important legisla- mendous emotional and financial ef- and public accessibility to these tion. Mr. President, I ask unanimous con- forts, the Spierers were able to get houses. It is designed to prevent pri- sent that the complete text of the bill Mikey to come home. vate owners of historical properties I stress, this problem is more com- be placed in the RECORD. from being forced to sell because of There being no objection, the bill was mon than we would like to think. It concern over the financial burden of has been suggested that we do some- ordered to be printed in the RECORD, as Federal estate taxes. follows: thing about it. This legislation will do Under current law, the value of his- S. 693 that. What, in effect, this legislation torical property is included in deter- would do is say if you are going to take Be it enacted by the Senate and House of Rep- mining the taxable estate of a dece- resentatives of the United States of America in a child outside the United States, you dent. This raises serious concerns to must have the signatures of both par- Congress assembled, families that are maintaining and SECTION 1. EXCLUSION FROM ESTATE TAX FOR ents. If one parent has custody, then opening to the public these architec- HISTORIC PROPERTY SUBJECT TO only that signature is required. If there tural historical homes. They are shar- PRESERVATION EASEMENT. is joint custody, it would take both sig- ing these treasures with our Nation. To (a) IN GENERAL.—Part IV of subchapter A of chapter 11 of the Internal Revenue of 1986 natures. It is not difficult to get the force the operation of these privately signatures of both parents to take a (relating to taxable estate) is amended by funded museum properties to end, due adding at the end the following new section: child outside the country. Thousands to fear over future estate tax burdens of parents throughout the United ‘‘SEC. 2057. QUALIFIED HISTORIC PROPERTY. that will be thrust on their descend- ‘‘(a) GENERAL RULE.—For purposes of the States are currently undergoing the ants is depriving our citizens the op- tax imposed by section 2001, the value of the same emotional and financial stress portunity to enjoy the architectural taxable estate shall be determined by de- that the Spierers experienced. This wonders of these homes. Tourists in ducting from the value of the gross estate an simple change in the law would prevent amount equal to the value of any qualified many States will be denied the oppor- future agony and distress. historic property included in the gross es- As I indicated, Mr. President, few tunity to visit these homes and experi- tate. parents are as fortunate as the ence the heritage of these historical ‘‘(b) DEFINITIONS.—For purposes of this sec- tion— Spierers. Few will ever see their chil- sites. Mr. President, I propose that an es- ‘‘(1) QUALIFIED HISTORIC PROPERTY.— dren again. Recovery rates for chil- ‘‘(A) IN GENERAL.—The term ‘qualified his- dren, once they are in a foreign coun- tate tax exemption be provided for qualified historical properties. The toric property’ means any historic property try, are extremely low. It is a sad fact if— that once a child leaves the United number of historical homes that will ‘‘(i) on or before the date on which the re- States, it is nearly impossible to get qualify is modest since this legislation turn of the tax imposed by section 2001 is the child returned as most nations do requires private, taxable ownership and filed, a qualified real property interest de- not recognize custody orders from the national historical landmark status, as scribed in section 170(h)(2)(C) in such prop- U.S. courts. well as a willingness on the part of the erty is held by a qualified organization for owner to operate the premises as a mu- the purpose described in section As I said, most extradition treaties 170(h)(4)(A)(iv), and do not cover international parental ab- seum subject to strict requirements. While the legislation has minimal ef- ‘‘(ii) such property is covered by an agree- ductions. Experience shows that for- ment meeting the requirements of sub- eign governments are generally reluc- fects on Federal revenues it plays a section (c) which is entered into on or before tant to extradite parental abductors. major role in preserving extraor- such date. Often when facing extradition, the ab- dinarily important properties. ‘‘(B) TREATMENT OF PERSONAL PROPERTY.— ducting parents will hide the child with This bill is an opportunity for the Such term includes personal property in- a friend or relative in a foreign country Government to encourage preservation cluded within, or associated with, qualified or even go to another foreign country, of history. Historical homes help pre- historic property (as defined in paragraph (1)) if such personal property— complicating things even more. This serve the themes of our common herit- age and highlight the unique pattern of ‘‘(i) is held by the decedent holding such action prevents the child from ever qualified historic property, being returned. each community. They contribute to ‘‘(ii) has been so included within, or associ- At any rate, getting a child returned the perpetuation of the historical fab- ated with, such qualified historic property in the United States is extremely ex- ric of our national life. They are a throughout the 10-year period ending on the pensive, far beyond the resources of source of a community’s pride in ac- date of the decedent’s death, and most families. Many families have to complishment and beauty. ‘‘(iii) is covered by the agreement referred spend in excess of $50,000 just in law- Section 1(b)(7) of the National His- to in subparagraph (A)(ii) which covers such yers trying to retrieve their children, toric Preservation Act of 1966 states qualified historic property. often, to no avail. Prevention is the that: ‘‘(2) HISTORIC PROPERTY.—The term ‘his- toric property’ means— Although the major burdens of historic only feasible way of dealing with inter- ‘‘(A) any building (and its structural com- preservation have been borne and major ef- national parental abductions. The best ponents)— forts initiated by private agencies and indi- way to prevent international parental ‘‘(i) which is designated as a National His- viduals, and both should continue to play a abductions is to make it more difficult toric Landmark under section 101 of the Na- vital role, it is nevertheless necessary and tional Historic Preservation Act throughout for parental abductors to obtain pass- appropriate for the Federal Government to the 10-year period ending on the date of the ports for the minor children. accelerate its historic preservation programs decedent’s death, The aim of the Mikey Kale Passport and activities to get maximum encourage- ‘‘(ii) which was owned by the decedent or a Notification Act is prevention. It pre- ment to agencies and individuals undertak- member of the decedent’s family (as defined vents parental abductors from obtain- ing preservation by private means, and to as- in section 2032A(e)(2)) throughout such 10- sist State and local governments and the Na- ing U.S. passports for their minor chil- year period, and tional Trust Historic Preservation in the dren. This, Mr. President, seems the ‘‘(iii) which was originally used for residen- United States to expand and accelerate their least we could do. tial purposes, and historical preservation programs and activi- ‘‘(B) any other real property to the extent ties. By Mr. D’AMATO: reasonably necessary for public view and vis- S. 693. A bill to amend the Internal That is what this legislation does. It itation of the property described in subpara- Revenue Code of 1986 to provide that encourages private citizens to preserve graph (A). S3964 CONGRESSIONAL RECORD — SENATE May 5, 1997

‘‘(3) QUALIFIED ORGANIZATION.—The term ‘‘(d) TAX TREATMENT OF DISPOSITIONS AND require the submission to the Secretary of ‘qualified organization’ has the meaning FAILURE TO COMPLY WITH AGREEMENT.— such inventories of personal property which given to such term by section 170(h)(3). ‘‘(1) IMPOSITION OF ADDITIONAL ESTATE is qualified historic property as the Sec- ‘‘(4) TREATMENT OF QUALIFIED HISTORIC TAX.—If, during the 20-year period referred to retary determines are necessary for purposes PROPERTY HELD BY A CORPORATION.—In the in subsection (c)(1)(D)— of this section.’’ case of a corporation all of the stock in ‘‘(A) any person signing the written agree- (b) TECHNICAL AMENDMENTS.— which was held on the date of the decedent’s ment referred to in subsection (c) disposes of (1) Subsection (a) of section 1014 of such death by the decedent or members of the de- any interest in the qualified historic prop- Code is amended by striking the period at cedent’s family (as defined in section erty, or the end of paragraph (3) and inserting ‘‘, or’’ 2032A(e)(2))— ‘‘(B) there is a violation of any provision of and by adding after paragraph (3) the follow- ‘‘(A) stock in such corporation shall be such agreement (as determined under regula- ing new paragraph: treated for purposes of this section as quali- tions prescribed by the Secretary), then ‘‘(4) in the case of property the value of fied historic property to the extent that the there is hereby imposed an additional estate which was deducted under section 2057(a), value of such stock is attributable to quali- tax. the adjusted basis of such property in the fied historic property held by such corpora- ‘‘(2) EXCEPTION FOR CERTAIN TRANSFEREES hands of the decedent immediately before tion, but WHO AGREE TO BE BOUND BY AGREEMENT.—No the death of the decedent.’’ ‘‘(B) the requirements of subsection (c) tax shall be imposed under paragraph (1) by (2) Subparagraph (A) of section 2056A(b)(10) shall be met only if each member of the de- reason of any disposition if the person ac- of such Code is amended by inserting ‘‘2057,’’ cedent’s family holding such stock on such quiring the property— after ‘‘2056,’’. date sign the agreement referred to in sub- ‘‘(A) is a qualified organization or is a (3) The table of sections for part IV of sub- section (c). member of the family (as defined in section chapter A of chapter 11 of such Code is ‘‘(c) REQUIREMENTS FOR AGREEMENT.— 2032A(e)(2)) of the person disposing of such amended by adding at the end the following ‘‘(1) IN GENERAL.—For purposes of sub- property, and new item: ‘‘(B) agrees to be bound by the agreement section (b)(1)(A)(ii), an agreement meets the ‘‘Sec. 2057. Qualified historic property.’’ requirements of this subsection if— referred to in subsection (b)(4) and to be lia- (c) EFFECTIVE DATE.—The amendments ‘‘(A) such agreement is a written agree- ble for any tax under this subsection in the made by this section shall apply with respect ment signed by each person in being who has same manner as the person disposing of such to the estates of decedents dying after the an interest (whether or not in possession) in property. date of the enactment of this Act. the historic property (other than the quali- ‘‘(3) AMOUNT OF ADDITIONAL TAX.— ∑ fied organization), ‘‘(A) IN GENERAL.—The amount of the addi- ‘‘(B) such agreement is entered into with a tional tax imposed by paragraph (1) with re- By Ms. SNOWE: State historic preservation agency (or simi- spect to any property shall be an amount S. 694. A bill to establish reform cri- lar State agency) and filed with the Sec- equal to the applicable percentage of the ex- teria to permit payment of U.S. arrear- retary with the return of the tax imposed by cess of— ages in assessed contributions to the section 2001, ‘‘(i) what would (but for subsection (a)) United Nations; to the Committee on ‘‘(C) such agreement provides that the only have been the tax imposed by section 2001 Foreign Relations. activities carried on at the historic property (reduced by the credits allowable), over ‘‘(ii) the tax imposed by section 2001 (as so S. 695. A bill to restrict intelligence are activities which are substantially related sharing with the United Nations: to the (aside from the need for income or funds or reduced). the use made of the profits derived) to— ‘‘(B) APPLICABLE PERCENTAGE.—For pur- Committee on Foreign Relations. ‘‘(i) the public view and visitation of such poses of subparagraph (A), the applicable S. 696. A bill to establish limitations property and the property described in the percentage is the percentage determined in on the use of funds for U.N. peacekeep- last sentence of subsection (b)(1) with re- accordance with the following table for the ing activities; to the Committee on spect to such property), and year (of 20-year period referred to in sub- Foreign Relations. ‘‘(ii) the maintenance and preservation of section (c)(1)(D)) in which the event de- scribed in paragraph (1) occurs: UNITED NATIONS REFORM LEGISLATION such property and surrounding areas for such Ms. SNOWE. Mr. President, today I public view and visitation, ‘‘If the event The applicable ‘‘(D) such agreement provides that the his- occurs during: percentage is: am introducing a package of three bills toric property will be open to the public for The 1st 12 years of such which address the most critical issues a period of at least 20 years beginning on the 20-year period ...... 100 percent affecting our relations with the United date on which the return of the tax imposed The 13th or 14th year of Nations. These are the U.S. arrearage by section 2001 is filed, and such period ...... 80 percent in financial contributions to the Unit- ‘‘(E) such agreement provides that any ad- The 15th or 16th year of ed Nations, the sharing of U.S. intel- mission fees (if any) shall bear a reasonable such period ...... 60 percent The 17th or 18th year of ligence with the United Nations, and relationship to admission fees for other com- U.S. contributions to U.N. peacekeep- parable tourist sites and shall be approved such period ...... 40 percent by such State historic preservation agency The 19th or 20th year of ing activities. (or similar State agency). such period ...... 20 percent. The United Nations Reform Act of ‘‘(2) TREATMENT OF FOOD, LODGING, AND ‘‘(4) DUE DATE.—The additional tax im- 1997 is a bill that I have been working MEETING FACILITIES PROVIDED TO GENERAL posed by this subsection shall be due and on for over a year in my former capac- PUBLIC.—The regular carrying on— payable on the day which is 6 months after ity as chair of the Foreign Relations ‘‘(A) a trade or business of providing lodg- the date of the disposition or violation re- Subcommittee on International Oper- ing shall be treated as not substantially re- ferred to in paragraph (1). ations. With the United Nations now lated for purposes of paragraph (1)(C), ‘‘(5) LIABILITY FOR TAX.—Any person sign- entering its second half-century, the ‘‘(B) a trade or business of providing food ing the agreement referred to in subsection shall be treated as not substantially related (c) (other than the executor) shall be person- question being raised is not whether for purposes of paragraph (1)(C) unless— ally liable for the additional tax imposed by the United Nations can continue its ‘‘(i) such food is only provided to individ- this subsection. If more than 1 person is lia- growth for another 50 years, but wheth- uals who pay the generally applicable admis- ble under this subsection, all such persons er it can survive as an important inter- sion fees (if any) for admission to the prop- shall be jointly and severally liable. national institution for the next 5. erty by individuals to whom no food is pro- ‘‘(6) CERTAIN OTHER RULES TO APPLY.— With a new Secretary of State who vided, and Rules similar to the rules of sections 1016(c), formerly served as U.N. Ambassador, ‘‘(ii) only an insubstantial portion of the 2013(f), and 2032A(f) shall apply for purposes with a new U.N. Ambassador who for- structures on the historic property is de- of this subsection. voted to the provision of such food, and ‘‘(e) OTHER SPECIAL RULES.— merly served as a respected Member of ‘‘(C) a trade or business of providing facili- ‘‘(1) COORDINATION WITH DEDUCTION FOR Congress, and with a new U.N. Sec- ties for meetings or events shall be treated TRANSFER OF EASEMENT.—Section 2055(f) retary General, I believe that we have as not substantially related for purposes of shall not apply to any interest referred to a unique opportunity over the next 2 paragraph (1)(C) unless all of the net pro- therein with respect to property for which a years to genuinely restore a bipartisan ceeds from such trade or business are used deduction is allowed under subsection (a). consensus on the United Nations with- for maintenance or preservation of the his- ‘‘(2) DENIAL OF DEDUCTION OF INDEBTEDNESS in Congress and among the American toric property. ON EXCLUDED PROPERTY.—No deduction shall people. That is the intent of this legis- ‘‘(3) OPEN TO THE PUBLIC.—For the purposes be allowed under section 2053 for indebted- of paragraph (1)(D), the 20-year period re- ness in respect of property the value of lation, which sets reasonable and ferred to in such paragraph shall be sus- which is deducted under subsection (a). achievable reform criteria for the Unit- pended during reasonable periods of renova- ‘‘(3) SUBMISSION OF ANNUAL INVENTORIES OF ed Nations, linked to a 5-year repay- tion. PERSONAL PROPERTY.—The Secretary shall ment plan for the nearly $1 billion in May 5, 1997 CONGRESSIONAL RECORD — SENATE S3965 arrearages that have built up in the curity Council, the only entity empow- lems within the U.N. structure itself. U.N. system over the past few years. ered under the U.N. Charter to act on Even many supporters of the United The plan would set up a five-step an- the great questions of world peace. The Nations have characterized today’s nual process under which the President General Assembly was intended to be a U.N. system as bloated, inefficient, du- would each year have to certify that forum for debate on any issue that any plicative, and disorganized. For in- specific reform guideposts have been nation wanted to bring before the as- stance, Canadian businessman and six- met at the United Nations, permitting sembled nations of the world. The U.N. time U.N. Under-Secretary-General the payment each year of one-fifth of Secretariat was to be a small profes- Maurice Strong has stated that the outstanding U.S. arrearages. sional staff needed to support the ac- United Nations ‘‘could work better In the first year, the President would tivities of the Security Council and than it does today with less than half have to certify that a hard freeze zero General Assembly. as many people.’’ I believe it is signifi- nominal growth budget at the United The U.N. system was also to conduct cant, and encouraging, that the new Nations had been maintained and that specific activities in technical coopera- Secretary General, Mr. Kofi Annan, has budgetary transparency at the world tion, such as those undertaken by the appointed Mr. Strong to be his top ad- body had been enhanced through open- International Civil Aviation Organiza- viser on reform issues. ing up the United Nations to member tion and the International Tele- The surprising thing is that among State auditing and fully funding the communications Union. Finally, the serious analysts of the United Nations new U.N. inspector general office. United Nations was to have an impor- there is remarkable agreement on what In the second year, the President tant role in responding to inter- needs to be done. The U.N. system would have to certify that U.S. rep- national humanitarian crises. Most needs to be significantly reduced in resentation had been restored to a key critical is the work of the U.N. High size and needs true consolidation among its far-flung, duplicative ele- U.N. budgetary oversight body, the Ad- Commissioner for Refugees, who today ments. The budget process needs simi- visory Committee on Administrative protects over 40 million of the world’s larly dramatic reform. The United Na- and Budgetary Questions [ACABQ]. most vulnerable men, women, and chil- tions needs to concentrate on a few key In the third year, the President dren—particularly women and chil- achievable missions—security, humani- would have to certify that a long- dren, who comprise 80 percent of the standing U.N. peacekeeping reform tarian relief, purely technical coopera- world’s refugees. tion—and refrain from its proliferating goal had been achieved. This reform Regrettably, the United Nations sys- exercises in internal nation-building would ensure that the United States tem that exists today falls short of the and grandiose missions of global norm- receives full credit or reimbursement intentions of its founders. There are setting. All of these basic reform needs for the very substantial logistical and two interrelated, fundamental prob- have been addressed in the U.N. reform in-kind support our military provides lems with U.N. system. One is that legislation I am introducing today. to assessed U.N. peacekeeping mis- there are those who attempted to use As complements to my U.N. reform sions. the world organization to advance bill, I am also introducing two U.N.-re- In the fourth year, the President agendas that frankly do not reflect lated bills which I sponsored in the last would have to certify that a significant world realities. The more the United Congress. The first would protect U.S. reform in the United Nations’ budget Nations is used to transcend what some intelligence information which is process had been achieved. This reform see as the harsh realities of the world shared with the United Nations or any would be to divide the U.N. regular and its Nation-State system, the less of its affiliated organizations by re- budget into an assessed core budget relevant the United Nations becomes quiring that procedures for protecting and a voluntary program budget. The to the real world in which we all live. intelligence sources and methods are in source of much of the United Nations’ Closely related has been the massive place at the United Nations that are at problems stems from the fact that the and uncoordinated growth of the Unit- least as stringent as those maintained United Nations’ assessed budget is in- ed Nations and its specialized agencies. by countries with which the United creasingly used for development pro- The U.N. General Assembly and its re- States regularly shares similar types of grams and other activities that should lated bodies in the specialized agencies information. This requirement may be not be included in our mandatory dues have used the tool of the budget to waived by the President for national for membership. This reform can be grow the U.N. bureaucracy far beyond security purposes but only on a case by achieved without a revision in the U.N. what is needed to respond to real world case basis and only when all possible Charter. problems. The small professional staff measures for protecting the informa- Finally, in the fifth year the Presi- of the U.N. Secretariat now approaches tion have been taken. dent would have to certify that a major 18,000—counting the proliferation of This legislation grew out of my con- U.N. consolidation plan has been ap- consultants and contract employees— cern about reports of breaches of U.S. proved and implemented. This plan and the staff of the U.N. system world- classified material by the United Na- must entail a significant reduction in wide now exceeds 53,000. tions in 1993, 1994, and in 1995 when the staff and an elimination of the ramp- Too many nations simply do not find United Nations pulled out of Somalia. I ant duplication, overlap, and lack of a compelling need for efficiency and am pleased to note that more attention coordination that exists throughout budgetary restraint in the U.N. system. is being paid by this body to the prob- the U.N. system. Of the U.N.’s 185 member nations, a lems that can result when U.S. intel- Clearly, there is an urgent need to near-majority 91 countries are assessed ligence information is shared with turn around the United Nations’ dan- at the minimum .01 percent rate, pay- international bodies. Condition 5 of the gerous slide into constant crisis, which ing essentially nothing toward U.N. recently approved resolution of ratifi- could ultimately threaten the organi- budget. The top ten assessed coun- cation for the Chemical Weapons Con- zation’s usefulness as an important tries—United States, Japan, Germany, vention, which protects U.S. intel- tool for addressing world problems. I France, Russia, Britain, Italy, Canada, ligence shared with the Organization am convinced that this can only be Spain and Brazil—are billed for 78 per- for the Protection of Chemical Weap- achieved through the kind of bold re- cent of the U.N. budget, with the Unit- ons, was based on my intelligence-shar- form agenda that is set forth in this ed States, at 25 percent, paying nearly ing legislation. legislation. twice that of any other country. In just To complete the package of three Mr. President, I believe it is useful 10 years of supposed zero-growth budg- bills, I am introducing today the Inter- for us to look back on the original pur- ets, the U.N.’s budget has doubled. In national Peacekeeping Reform Act of pose of the United Nations, as it was the last 18 years the U.N.’s budget has 1997 which I also sponsored in the 104th envisioned 51 years ago. The United tripled. Congress. Before any funds can be Nations was created from the ashes of There are those who argue that all of made available for U.N. peacekeeping World War II, with the hope of avoiding the U.N.’s problems come from the activities, this legislation requires the future world-wide conflagrations United States. But the United Nation’s President to certify to Congress that through international cooperation. The difficulties with the United States hostilities have ceased and all parties main focus for this mission was the Se- arise from these deeply rooted prob- agree to a U.N. peacekeeping role, that S3966 CONGRESSIONAL RECORD — SENATE May 5, 1997 the percentage of the U.S. assessed tributions to the United Nations more than dated activities and program duplication and share of the total cost of the operation one year in arrears at the time of passage of would encompass all relevant United Nations does not exceed the percentage of the this Act under United States Government specialized agencies. U.S. assessed share for the regular U.N. accounting except under procedures under subsection (b); S. 695 budget, and that adequate measures (b) PROCEDURES FOR THE RELEASE OF UNIT- have been taken to protect U.S. intel- Be it enacted by the Senate and House of Rep- ED STATES ARREARAGES TO THE UNITED NA- resentatives of the United States of America in ligence information provided in sup- TIONS.—In accordance with procedures appli- Congress assembled, port of the operation. cable to reprogramming notifications under SECTION 1. RESTRICTIONS ON INTELLIGENCE Furthermore, my bill would require section 34 of the State Department Basic Au- SHARING WITH THE UNITED NA- that, if the operation is to include thorities Act of 1956, for each fiscal year 1998 TIONS. units of the U.S. Armed Forces to through 2002, the President may make avail- The United Nations Participation Act of able for obligation or expenditure to the carry out combat missions, the Presi- 1945 (22 U.S.C. 287 et seq.) is amended by add- United Nations an amount not to exceed 20% ing at the end the following new section: dent must certify that the operation of United States assessed contributions to advances U.S. security interests, that ‘‘SEC. 13. RESTRICTIONS ON INTELLIGENCE the United Nations more than one year in ar- SHARING WITH THE UNITED NA- U.S. participation is critical to the op- rears at the time of passage of this Act under TIONS. eration’s success, that the units will be United States Government accounting if on ‘‘(a) PROVISIONS OF INTELLIGENCE INFORMA- under the operational command and January 31 of each fiscal year 1998 through TION TO THE UNITED NATIONS.—(1) No United control of the U.S. armed forces, and 2002 the President determines and certifies States intelligence information may be pro- that the U.S. military personnel will be to the relevant committees of the Congress vided to the United Nations or any organiza- that the applicable reform criteria for each tion affiliated with the United Nations, or to fully protected by the Geneva Conven- fiscal year has been met. tion of 1949 governing the treatment of any official or employee thereof, unless the (c) DEFINITIONS.—As used in this section: President certifies to the Committee on For- prisoners of war. This legislation re- (1) RELEVANT COMMITTEES OF THE CONGRESS eign Relations and the Select Committee on .—The term ‘‘relevant committees of the quires the President to notify Congress Intelligence of the Senate and the Commit- Congress’’ means the Committee on Foreign of the intent to support an inter- tee on International Relations and the Per- Relations and the Committee on Appropria- national peacekeeping operation at manent Select Committee on Intelligence of tions of the Senate and the Committee on least 15 days before any vote of the the House of Representatives that the Direc- International Relations and the Committee tor of Central Intelligence (in this section United Nations Security Council to es- on Appropriations of the House of Represent- referred to as the ‘DCI’), in consultation tablish, expand or modify such an oper- atives. with the Secretary of State and the Sec- ation. If the President determines that (2) APPLICABLE REFORM CRITERIA.—The an emergency exists which prevents term ‘‘applicable reform criteria’’ means— retary of Defense, has required, and such or- ganization has established and implemented, him from meeting the 15-day advance (A) for fiscal year 1998 that the United Na- tions has maintained a zero nominal growth procedures for protecting intelligence notice requirement, the notice is to be sources and methods (including protection provided in a timely manner, but no budget in United States dollar terms and has made all of its programs, offices and activi- from release to nations and foreign nationals later than 48 hours after the Security ties open to auditing by the national audit- that are otherwise not eligible to receive Council vote. ing and inspecting agencies of its member such information) no less stringent than pro- The three measures I am introducing states to include, but not be limited to the cedures maintained by nations with which today will, I believe, go a long way to- United States General Accounting Office and the United States regularly shares similar ward setting a new course in our rela- the State Department Office of Inspector types of intelligence information. Such cer- tification shall include a description of the tions with the United Nations. If we in General, that the United Nations Office of Internal Oversight Services has been fully procedures in effect at such organization. Congress fail to rise to the challenge; if ‘‘(2) Paragraph (1) may be waived upon the U.N. attempts to defend an funded at its request level, and that all prod- ucts of the Office of Internal Oversight Serv- written certification by the President to the unsustainable status quo; if the Admin- ices relevant to United Nations budgetary appropriate committees of Congress that istration’s new foreign policy team and administrative matters are available to providing such information to the United does not reach out to Congress to all United Nations member states; Nations or an organization affiliated with achieve a genuine bipartisan consensus (B) for fiscal year 1999 that all criteria for the United Nations, or to any official or em- on the need for U.N. reform; if the fiscal year 1998 continue to be met and that ployee thereof, is in the direct national secu- United States representation on the United rity interest of the United States and that U.N.’s dangerous slide to expensive ir- all possible measures protecting such infor- relevance continues, then we will have Nations Advisory Committee on Administra- tive and Budgetary Questions has been re- mation have been taken, except that such lost a unique opportunity for reform. If stored; waiver must be made for each instance such this should happen, it is not at all clear (C) for fiscal year 2000 that all criteria for information is provided, or for each such to me whether such an opportunity fiscal years 1998 and 1999 continue to be met document provided. will soon return. and that procedures for assessing contribu- (b) PERIODIC AND SPECIAL REPORTS.—(1) Mr. President, I urge my colleagues tions for United Nations peacekeeping ac- The President shall periodically report, but to consider the legislation I am intro- tivities have been reformed to ensure that not less frequently than quarterly, to the ducing today as the best course for re- for all logistical, in-kind, and non-cash aid Committee on Foreign Relations and the Se- lect Committee on Intelligence of the Senate storing the bipartisan consensus in this provided by the United States to support United Nations assessed peacekeeping activi- and the Committee on International Rela- country on the United Nations. ties that the United States either receives tions and the Permanent Select Committee Mr. Prsident, I ask unanimous con- from the United Nations cash reimbursement on Intelligence of the House of Representa- sent that additional material be print- for the full value of such aid or credit toward tives on the types and volume of intelligence ed in the RECORD. the payment of assessed contributions for provided to the United Nations and the pur- There being no objection, the mate- peacekeeping operations; poses for which it was provided during the rial was ordered to be printed in the (D) for fiscal year 2001 that all criteria for period covered by the report. Such periodic reports shall be submitted to the Select RECORD, as follows: fiscal years 1998 through 2000 continue to be met and that the United Nations has divided Committee on Intelligence of the Senate and S. 694 its regular budget into a small ‘‘core’’ as- the Permanent Select Committee on Intel- Be it enacted by the Senate and House of Rep- sessed budget representing only those activi- ligence of the House of Representatives with resentatives of the United States of America in ties determined by the General Accounting an annex containing a counterintelligence Congress assembled, Office to be necessary for the United Nations and security assessment of all risks, includ- SECTION 1. SHORT TITLE. to maintain its existence under the terms of ing an evaluation of any potential adverse This Act may be cited as the ‘‘United Na- the United Nations Charter and a voluntary impact on national collection systems, of tions Reform Act of 1997’’. ‘‘program’’ budget that would include all providing intelligence to the United Nations, SEC. 2. PAYMENT OF UNITED STATES ARREAR- United Nations programs, developmental ac- together with information on how such risks AGES IN ASSESSED CONTRIBUTIONS tivities, regional activities, economic and so- have been addressed. TO THE UNITED NATIONS. cial activities, and related staff; and (2) The President shall submit a special re- (a) LIMITATION.—Notwithstanding any (E) for fiscal year 2002 that all criteria for port to the Committee on Foreign Relations other provision of law, for each of the fiscal fiscal years 1998 through 2001 continue to be and the Select Committee on Intelligence of years 1998 through 2002, no funds shall be met and that the United Nations has ap- the Senate and the Committee on Inter- available for obligation or expenditure to the proved and implemented systemwide struc- national Relations and the Permanent Select United Nations for the payment except under tural reform, entailing a significant reduc- Committee on Intelligence of the House of procedures of United States assessed con- tion in staff, that would eliminate all out- Representatives within 15 days after the May 5, 1997 CONGRESSIONAL RECORD — SENATE S3967 United States Government becomes aware of (1) The operation involves an international that improve economic competitive- any unauthorized disclosure of intelligence conflict in which hostilities have ceased and ness in the United States to continue provided to the United Nations by the United all significant parties to the conflict agree to thrive, and for other purposes. States. to the imposition of United Nations peace- ‘‘(c) LIMITATION.—The restriction of sub- keeping forces for the purpose of seeking an S. 358 section (a) and the requirement for periodic enduring solution to the conflict. reports under paragraph (1) of subsection (a) (2) With respect to any assessed contribu- At the request of Mr. DEWINE, the shall not apply to the provision of intel- tion to such United Nations peacekeeping ac- name of the Senator from Florida [Mr. ligence that is provided only to, and for the tivity, the percentage of the United States MACK] was added as a cosponsor of S. use of, appropriately cleared United States assessed share for the total cost of the oper- 358, a bill to provide for compassionate Government personnel serving with the ation is no greater than the percentage of payments with regard to individuals United Nations. the United States assessed share for the reg- with blood-clotting disorders, such as ‘‘(d) DELEGATION OF DUTIES.—The Presi- ular United Nations budget. hemophilia, who contracted human dent may not delegate or assign the duties of (3) In the event that the provision of Unit- immunodeficiency virus due to con- the President under Secretary (a). ed States intelligence information involving ‘‘(e) RELATIONSHIP TO EXISTING LAW.— sources and methods on intelligence gather- taminated blood products, and for Nothing in this section shall be construed ing is planned to be provided to the United other purposes. to— Nations to support the operation, adequate S. 419 ‘‘(1) impair or otherwise affect the author- measures have been taken by the United Na- ity of the Director of Central Intelligence to tions to protect such information. At the request of Mr. BOND, the name protect intelligence sources and methods (4) With respect to the participation in the of the Senator from Alaska [Mr. MUR- from unauthorized disclosure pursuant to operation of units of the United States KOWSKI] was added as a cosponsor of S. section 103(c)(5) of the National Security Act Armed Forces trained to carry out direct 419, a bill to provide surveillance, re- of 1947 (50 U.S.C. 403–3(c)(5)); or combat missions— search, and services aimed at preven- ‘‘(2) supersede or otherwise affect the pro- (A) the operation directly advances United visions of title V of the National Security States national security interests, tion of birth defects, and for other pur- Act of 1947 (50 U.S.C. 413 et seq.).’’. (B) the participation of such units is criti- poses. cal to the success of the operation, S. 494 S. 696 (C) such units will be under the operational Be it enacted by the Senate and House of Rep- command and control of the United States At the request of Mr. KYL, the name resentatives of the United States of America in Armed Forces, and of the Senator from South Carolina Congress assembled, (D) any member of the United States [Mr. THURMOND] was added as a cospon- SECTION 1. SHORT TITLE. Armed Forces participating in the operation sor of S. 494, a bill to combat the over- This Act may be cited as the ‘‘Inter- would have access to the full protection of utilization of prison health care serv- the Geneva Convention Relative to the national Peacekeeping Reform Act of 1997’’. ices and control rising prisoner health SEC. 2. LIMITATION ON THE USE OF FUNDS FOR Treatment of Prisoners of War (signed at Ge- UNITED NATIONS PEACEKEEPING neva, August 12, 1949) if captured and held by care costs. ACTIVITIES. combatants to other parties to the conflict. S. 548 (a) LIMITATION.—Notwithstanding any (d) DEFINITIONS.—As used in this section: other provision of law, none of the funds (1) the term ‘‘appropriate congressional At the request of Mr. ROBERTS, the made available to the Department of State committees’’ means the Foreign Relations names of the Senator from Mississippi under the account ‘‘Contribution for Inter- and Appropriations Committees of the Sen- [Mr. COCHRAN], the Senator from Texas national Peacekeeping Activities’’ or any ate and the International Relations and Ap- [Mrs. HUTCHISON], and the Senator other funds made available to the Depart- propriations Committees of the House of from Maine [Ms. COLLINS] were added ment of State under any law to pay for as- Representatives; sessed or voluntary contributions to United (2) the term ‘‘adequate measures’’ refers to as cosponsors of S. 548, a bill to expand Nations peacekeeping activities shall be the implementation of procedures for pro- the availability and affordability of available for obligation or expenditure to the tecting intelligence sources and methods (in- quality child care through the offering United Nations to establish, expand in size, cluding protection from release to nations of incentives to businesses to support or modify in mission a United Nations peace- and foreign nationals that are otherwise not child care activities. keeping operations unless, with respect to eligible to receive such information) no less such peacekeeping operation— stringent than procedures maintained by na- S. 570 (1) the President submits a certification to tions with which the United States regularly At the request of Mr. NICKLES, the the appropriate congressional committees shares similar types of intelligence informa- names of the Senator from Oklahoma under subsection (c); and tion, as determined by the Director of [Mr. INHOFE], the Senator from Georgia (2) except as provided in paragraph (b), the Central Intelligence upon consultation with President has notified the appropriate con- the Secretary of State and Secretary of De- [Mr. COVERDELL], the Senator from gressional committees of the intent to sup- fense; and Colorado [Mr. ALLARD], the Senator port the establishment of the peacekeeping (3) the term ‘‘direct combat’’ means engag- from Texas [Mrs. HUTCHISON], and the operation at least 15 days before any vote in ing an enemy or hostile force with individual Senator from Alaska [Mr. MURKOWSKI] the Security Council to establish, expand, or or crew-served weapons while being exposed were added as cosponsors of S. 570, a modify such operation. The notification to direct enemy fire, a high probability of di- bill to amend the Internal Revenue shall include the following: rect physical contact with the enemy or hos- Code of 1986 to exempt certain small (A) A cost assessment of such action (in- tile force, and a substantial risk of capture. businesses from the mandatory elec- cluding the total estimated cost and the f United States share of such cost). tronic fund transfer system. (B) Identification of the source of funding ADDITIONAL COSPONSORS S. 652 for the United States share of the costs of S. 181 the action (whether in an annual budget re- At the request of Mr. GRAMS, the quest, reprogramming notification, a rescis- At the request of Mr. GRASSLEY, the names of the Senator from New York name of the Senator from Tennessee sion of funds, a budget amendment, or a sup- [Mr. D’AMATO] and the Senator from [Mr. FRIST] was added as a cosponsor of plemental budget request. Utah [Mr. BENNETT] were added as co- (b) PRESIDENTIAL DETERMINATION OF EXIST- S. 181, a bill to amend the Internal sponsors of S. 652, a bill to facilitate re- ENCE OF EMERGENCY.—If the President deter- Revenue Code of 1986 to provide that mines that an emergency exists which pre- covery from the recent flooding of the installment sales of certain farmers Red River of the North and its tribu- vented submission of the 15-day advance no- not be treated as a preference item for tification specified in paragraph (a) and that taries by providing greater flexibility the proposed action is in the direct national purposes of the alternative minimum for depository institutions and their security interests of the United States, the tax. regulators, and for other purposes. notification described in paragraph (a) shall S. 295 be provided in a timely manner but no later At the request of Mr. JEFFORDS, the SENATE RESOLUTION 79 than 48 hours after the vote by the Security names of the Senator from South Caro- At the request of Mr. KEMPTHORNE, Council. lina [Mr. THURMOND] and the Senator the name of the Senator from Illinois (C) CERTIFICATION TO CONGRESS.—The President shall determine and certify to the from Texas [Mr. GRAMM] were added as [Ms. MOSELEY-BRAUN] was added as a Congress that the United Nations Peacekeep- cosponsors of S. 295, a bill to amend the cosponsor of Senate Resolution 79, A ing operation described under paragraph (a) National Labor Relations Act to allow resolution to commemorate the 1997 meets the following requirements: labor management cooperative efforts National Peace Officers Memorial Day. S3968 CONGRESSIONAL RECORD — SENATE May 5, 1997 SENATE CONCURRENT RESOLU- nuclear technology despite having been pro- described by its sales brochures as hav- TION 24—RELATIVE TO THE vided with detailed information by the Presi- ing a ‘‘mighty attack capability with EASTERN ORTHODOX ECUMENI- dent of the United States on Iran’s nuclear great firepower.’’ This is the C–802, an weapons program in violation of the Nuclear antishipping cruise missile. The sales CAL PATRIARCHATE Non-Proliferation Treaty. Ms. SNOWE submitted the following (b) SENSE OF CONGRESS.—It is the sense of group that is touting the mighty power concurrent resolution; which was re- Congress that— of the C–802 is the Chinese. The Chinese (1) the Russian Federation should be have taken the Exocet and increased ferred to the Committee on Foreign strongly condemned for continuing to imple- Relations: its power and increased its deadliness. ment a commercial agreement to provide The C–802 is being shipped. This pic- S. CON. RES. 24 Iran with nuclear technology that could as- ture shows a Chinese vessel, on the sist that country in its development of nu- (a) FINDINGS.—The Congress finds that— deck of which there are five smaller (1) the Ecumenical Patriarchate is the clear weapons, and (2) the continued implementation of its vessels, each one of which is equipped spiritual center for more than 250,000,000 Or- with four C–802’s. You can see them on thodox Christians world-wide, including ap- commercial nuclear agreement with Iran proximately 5,000,000 in the United States; makes the Russian Federation ineligible for the back of the ships. These are the United States economic assistance under the (2) in recent years the Ecumenical Patri- smaller ships on the back deck of this terms of the Freedom Support Act. archate has experienced a number of security larger cargo vessel. threats in Turkey; f Those ships are en route to Iran. The (3) His All Holiness Patriarch Bartholomew SENATE RESOLUTION 82—EX- Chinese have now sold to Iran some 60 and those associated with the Ecumenical PRESSING THE SENSE OF THE C–802’s for their use in the Persian Patriarchate are Turkish citizens and have SENATE TO URGE THE CLINTON Gulf. Some 60 are mounted on 15 patrol the full protection of Turkish law; and boats. These patrol boats, again, have (4) the reopening of the Halki School of ADMINISTRATION RELATIVE TO C–802 CRUISE MISSILES four missiles each. Theology, the only educational institution If one missile could damage the Stark for Orthodox Christian leadership in Turkey, Mr. BENNETT (for himself, Mr. would assist the long-term viability of the as badly as we saw in the first picture, D’AMATO, Mr. HELMS, Mr. DODD, Mr. Ecumenical Patriarchate. you see what 15 missiles could do. But ASHCROFT, Mrs. HUTCHISON, and Mr. (b) SENSE OF CONGRESS.—It is the sense of the Chinese are not stopping with ship- Congress that the United States should— BROWNBACK) submitted the following board missiles. Here is an example of a (1) continue to support the Ecumencial Pa- resolution; which was referred to the land-based C–802, and the Chinese are triarchate’s non-political, religious mission; Committee on Foreign Relations: now in the process of selling these to (2) encourage the continued maintenance S. RES. 82 the Iranians. of the institution’s physical security needs, Whereas the United States escort vessel Why should we be concerned about as provided for under Turkish and inter- U.S.S. Stark was struck by a cruise missile, the land-based C–802? Here is a map of national law; and causing the death of 37 United States sailors; (3) use its good offices to encourage the re- the Persian Gulf. This land mass is Whereas the China National Precision Ma- Iran. There are 500 miles of Iranian opening of the Ecumenical Patriarchate’s chinery Import Export Corporation is mar- Halki Patriarchal School of Theology. keting the C–802 model cruise missile for use coastal waters facing the Persian Gulf. f against escort vessels such as the U.S.S. This is the Strait of Hormuz through Stark; which a very large percentage of the SENATE CONCURRENT RESOLU- Whereas the China National Precision Ma- world’s oil must go every day, some- TION 25—RELATIVE TO THE RUS- chinery Import Export Corporation has de- thing in excess of 25 percent. The Ira- SIAN FEDERATION livered 60 C–802 cruise missiles to Iran for nians have repeatedly threatened to Ms. SNOWE submitted the following use by vessels of the Iranian Revolutionary close the Strait of Hormuz if the rest of concurrent resolution; which was re- Guard Navy; the world does not do what Iran wishes Whereas Iran is acquiring land batteries to it to do in a variety of ways. We heard ferred to the Committee on Foreign launch C–802 cruise missile which will pro- Relations: vide its armed forces with a weapon of great- such a threat, again, over the weekend S. CON. RES. 25 er range, reliability, accuracy, and mobility with the Iranians saying that if the Resolved by the Senate (the House of Rep- than before; Americans were to try to take any resentatives concurring), Whereas 15,000 members of the United kind of retaliatory action against Ira- (a) FINDINGS.—The Congress finds that— States Armed Forces are stationed within nian terrorism, they would close this (1) Iran is aggressively pursuing a program range of the C–802 cruise missile being ac- Strait of Hormuz. to acquire and/or develop nuclear weapons; quired by Iran; With land-based C–802’s, they could (2) the Director of Central Intelligence, in Whereas the Department of State believes hide them in caves or put them in September of 1994, confirmed that Iran is that ‘‘[t]hese cruise missiles pose new, direct other locations all along this 500-mile manufacturing and stockpiling chemical threats to deployed United States forces’’; area, so that any shipping coming out weapons; Whereas the delivery of cruise missiles to Iran is a violation of the Iran-Iraq Arms of Kuwait, the United Arab Emirates, (3) Iran has opposed the Middle East peace or Saudi Arabia into the Persian Gulf process and continues to support the terror- Non-Proliferation Act of 1992 (50 U.S.C. 1701 ist group Hezballah in Lebanon and radical note); and would be vulnerable to an attack from Palestinian groups; Whereas the Clinton Administration ‘‘has a land-based C–802. With 15 patrol (4) Iran has asserted control over the Per- concluded at present that the known types boats, each one having 4 missiles, or 60 sian Gulf island of Abu Musa, which it had [of C–802 cruise missiles] are not of a desta- sea-based missiles, the Iranians could been previously sharing with the United bilizing number and type’’: Now, therefore, actually attack from either side, hav- Arab Emirates; be it ing the patrol boats out here on one (5) during the last few years Iran has re- Resolved, That the Senate urges the Clin- side of the shipping lanes, with the portedly acquired several hundred improved ton Administration to enforce the Iran-Iraq Arms Non-Proliferation Act of 1992 (50 U.S.C. land-based missiles on the other, and Scud missiles from North Korea; effectively seal off the world’s supply (6) Iran has moved modern air defense mis- 1701 note) with respect to the acquisition by sile systems, tanks, additional troops, artil- Iran of C–802 model cruise missiles or to of oil from the Middle East without too lery, and a surface-to-surface missiles onto carry out an alternative policy that would much difficulty. islands in the Persian Gulf, some of which address such acquisition in a manner similar In personal human terms, there are are disputed between Iran and the United to that provided for in that Act. about 15,000 U.S. servicemen and serv- Arab Emirates; Mr. BENNETT. Mr. President, I am icewomen within the range of the C–802 (7) Iran has already taken delivery of as submitting today a resolution to ad- missiles in the gulf. many as thirty modern MiG–29 fighter air- dress a matter that I consider vital to Mr. President, there is a law known craft from the Russian Federation; our national security. I have here a as the Gore-McCain Act passed in 1992 (8) The Russian Federation has sold mod- picture of the U.S.S. Stark that was dis- which says that foreign companies that ern conventionally powered submarines to abled 10 years ago by an Exocet missile deliver cruise missiles to Iran are sub- Iran, which increase Iran’s capability to blockade the Straits of Hormuz and the Per- fired by the Iranians. Thirty-seven ject to sanctions. I raised this issue sian Gulf; and American sailors were killed in this with Secretary Albright, and I have (9) the Russian Federation continues to disaster. raised it since in subsequent hearings. move forward on implementing a commer- I call your attention to a new missile In January, Secretary Albright in- cial agreement to provide Iran with critical patterned after the Exocet, only it is formed me that the administration will May 5, 1997 CONGRESSIONAL RECORD — SENATE S3969 not enforce the terms of the Gore- escort vessels. According to its manufac- ably be expected to alleviate hardships to McCain Act on the grounds that the turer, the China National Precision Instru- the public resulting from such disaster that missiles are not ‘‘destabilizing.’’ ment Import-Export Corporation, the C–802 outweigh possible adverse effects. I am not quite sure what the word is characterized by ‘‘mighty attack capabil- (b) EXPEDITED FUNDS AVAILABILITY ACT.— During the 180-day period beginning on the ‘‘destabilizing’’ means in this kind of a ity, great firepower.’’ It has a range of 120 km [75 miles] and a high explosive warhead date of enactment of this Act, the Board circumstance, but that is where the ad- of 165 kg [363 lbs.]. may make exceptions to the Expedited ministration has chosen to come down. Iranian Revolutionary Guard Navy: Iran is Funds Availability Act (12 U.S.C. 4001 et I believe that a nondestabilizing mis- believed to possess sixty C–802 missiles seq.) for depository institution offices lo- sile can be just as deadly to a ship as aboard 15 Chinese and French missile boats. cated within any area referred to in sub- a destabilizing missile. Once a missile Land-based Variant: Iran is believed to be section (a) if the Board determines that the is fired, it knows no semantic defini- acquiring an undetermined number of C–802 exception can reasonably be expected to alle- tion, as it goes on its course for a kill. missiles which will be mounted on Trans- viate hardships to the public resulting from Ask the sailors on the Stark whether porter-Erector-Launchers [TELs]. For over a such disaster that outweigh possible adverse year Iran has been constructing tunnels and effects. the presence of the Exocet missiles other fortifications along its Persian Gulf (c) TIME LIMIT ON EXCEPTIONS.—Any excep- were destabilizing in the circumstance and Gulf of Oman coastlines which could ac- tion made under this section shall expire not in the Middle East or not. Thirty-seven commodate these TELs. later than the earlier of— of them are dead. Threat to U.S. forces: 15,000 U.S. service- (1) 1 year after the date of enactment of Given our obligation to those that we men and women are potentially within range this Act; or would place in harm’s way in the name of these missiles. On April 11, Deputy Assist- (2) 1 year after the date of any determina- of this country, I believe the time has ant Secretary of State Robert Einhorn told tion referred to in subsection (a). come to put this issue on the front the Senate Governmental Affairs Commit- (d) PUBLICATION REQUIRED.—Not later than 60 days after the date of a determination burner. I have asked the administra- tee, ‘‘These cruise missiles pose new and di- rect threats to deployed U.S. Forces.’’ Dur- under subsection (a), the Board shall publish tion about it. I have used the congres- ing 1996 Admiral Scott Redd, Commander-in- in the Federal Register a statement that— sional oversight circumstance to bring Chief of the U.S. Fifth Fleet declared the (1) describes the exception made under this it to their attention. Now, Mr. Presi- missiles to be a ‘‘360 degree threat which can section; and dent, today, I submit a resolution out- come at you from basically anywhere at sea (2) explains how the exception can reason- lining the sense of the Senate that the in the gulf or out in the Gulf of Oman.’’ ably be expected to produce benefits to the administration either enforce the Gore- U.S. Law: The Iran-Iraq Arms Non-Pro- public that outweigh possible adverse ef- McCain Act in this circumstance or liferation Act of 1992 (50 U.S.C. 1701 note) fects. take some other appropriate action. prohibits foreign persons from delivering ad- SEC. ll03. DEPOSIT OF INSURANCE PROCEEDS. Mr. President, I ask unanimous con- vanced conventional weapons, including The appropriate Federal banking agency cruise missiles, to Iran. sent that the letter which I sent to may, by order, permit an insured depository Administration Position: The Administra- institution, during the 18-month period be- Madeleine Albright on the 17th of April tion ‘‘has concluded at present that the ginning on the date of enactment of this Act, and a fact sheet relating to the C–802 known types [of C–802 missiles] are not of a to subtract from the institution’s total as- missile be printed in the RECORD. destabilizing number and type.’’ sets, in calculating compliance with the le- There being no objection, the mate- [Sources: New York Times, various Jane’s verage limit prescribed under section 38 of rial was ordered to be printed in the publications] the Federal Deposit Insurance Act (12 U.S.C. RECORD, as follows: f 1831o), an amount not exceeding the qualify- ing amount attributable to insurance pro- U.S. SENATE, Washington, DC, April 17, 1997. AMENDMENTS SUBMITTED ceeds, if the agency determines that— (1) the institution— Hon. MADELEINE K. ALBRIGHT, Secretary of State, (A) had its principal place of business with- Washington, DC. SUPPLEMENTAL APPROPRIATIONS in an area in which the President, pursuant DEAR SECRETARY ALBRIGHT: During 1996 ACT to section 401 of the Robert T. Stafford Dis- Chinese defense companies delivered a num- aster Relief and Emergency Assistance Act, ber of missile boats to the Iranian Revolu- has determined that a major disaster exists, tionary Guard Navy. Each missile boat was or within an area determined to be eligible GRAMS (AND OTHERS) for disaster relief under other Federal law by armed with four C–802 cruise missiles. Re- AMENDMENT NO. 54 cently, Deputy Assistant Secretary of State reason of damage related to the 1997 flooding Robert Einhorn told the Senate, ‘‘These Mr. GRAMS (for himself, Mr. JOHN- of the Red River of the North and its tribu- cruise missiles pose new, direct threats to SON, and Mr. DASCHLE) proposed an taries, on the day before the date of any such deployed U.S. forces.’’ amendment to the bill (S. 672) making determination; It is now my understanding that China is (B) derives more than 60 percent of its supplemental appropriations and re- total deposits from persons who normally re- about to deliver the land variant of the C–802 scissions for the fiscal year ending Sep- to Iran. When the Iranian Revolutionary side within, or whose principal place of busi- Guard acquires C–802s in quantity, it will tember 30, 1997, and for other purposes; ness is normally within, areas of intense dev- have a weapon with greater range, reliabil- from the Committee on Appropria- astation caused by the major disaster; ity, accuracy, and mobility than anything tions; as follows: (C) was adequately capitalized (as defined currently in its inventory. At the appropriate place, insert the follow- in section 38 of the Federal Deposit Insur- The delivery of advanced cruise missiles to ing new title: ance Act (12 U.S.C. 1831o)) before the major Iran is a violation of the Gore-McCain Act. disaster; and TITLE ll—DEPOSITORY INSTITUTION However, in answer to my query on this issue (D) has an acceptable plan for managing DISASTER RELIEF in January, you answered, ‘‘The Administra- the increase in its total assets and total de- tion has concluded at present that the SEC. ll01. SHORT TITLE. posits; and known transfers (of C–802s) are not of a de- This title may be cited as the ‘‘Depository (2) the subtraction is consistent with the stabilizing number and type.’’ Institution Disaster Relief Act of 1997’’. purpose of section 38 of the Federal Deposit However, I believe that the arrival of addi- SEC. ll02. TRUTH IN LENDING ACT; EXPEDITED Insurance Act (12 U.S.C. 1831o). tional C–802s in Iran is a matter of grave FUNDS AVAILABILITY ACT. SEC. ll04. BANKING AGENCY PUBLICATION RE- concern to the United States, and the Ad- (a) TRUTH IN LENDING ACT.—During the 180- QUIREMENTS. ministration has an obligation either to day period beginning on the date of enact- (a) IN GENERAL.—During the 180-day period sanction the perpetrators or put in motion ment of this Act, the Board may make ex- beginning on the date of enactment of this an alternative policy of equivalent strength. ceptions to the Truth in Lending Act (15 Act, a qualifying regulatory agency may Sincerely, U.S.C. 1601 et seq.) for transactions within an take any of the following actions with re- ROBERT F. BENNETT, area in which the President, pursuant to sec- spect to depository institutions or other reg- U.S. Senator. tion 401 of the Robert T. Stafford Disaster ulated entities whose principal place of busi- Relief and Emergency Assistance Act (42 ness is within, or with respect to trans- C–802 FACT SHEET U.S.C. 5121 et seq.), has determined that a actions or activities within, an area in which U.S.S. Stark: American Navy escort vessel major disaster exists, or within an area de- the President, pursuant to section 401 of the struck by two Exocet type cruise missiles in termined to be eligible for disaster relief Robert T. Stafford Disaster Relief and Emer- May 1987 killing 37 sailors and disabling the under other Federal law by reason of damage gency Assistance Act, has determined that a ship for sixteen months. related to the 1997 flooding of the Red River major disaster exists, or within an area de- C–802: Chinese cruise missile similar to the of the North and its tributaries, if the Board termined to be eligible for disaster relief Exocet and marketed for use against naval determines that the exception can reason- under other Federal law by reason of damage S3970 CONGRESSIONAL RECORD — SENATE May 5, 1997 related to the 1997 flooding of the Red River the same meaning as in section 3 of the Fed- NOTICES OF HEARINGS of the North and its tributaries, if the agen- eral Deposit Insurance Act (12 U.S.C. 1813). SUBCOMMITTEE ON PUBLIC HEALTH AND SAFETY cy determines that the action would facili- (5) LEVERAGE LIMIT.—The term ‘‘leverage tate recovery from the major disaster: limit’’ has the same meaning as in section 38 Mr. JEFFORDS. Mr. President, I (1) PROCEDURE.—Exercise the agency’s au- of the Federal Deposit Insurance Act (12 would like to announce for information thority under provisions of law other than U.S.C. 1831o). of the Senate and the Public that a this section without complying with— (6) QUALIFYING AMOUNT ATTRIBUTABLE TO hearing of the Subcommittee on Public (A) any requirement of section 553 of title INSURANCE PROCEEDS.—The term ‘‘qualifying Health and Safety, Senate Committee 5, United States Code; or amount attributable to insurance proceeds’’ on Labor and Human Resources will be (B) any provision of law that requires no- means the amount (if any) by which the in- tice or opportunity for hearing or sets maxi- stitution’s total assets exceed the institu- held on Tuesday, May 5, 1997, 9:30 a.m., mum or minimum time limits with respect tion’s average total assets during the cal- in SD–430 of the Senate Dirksen Build- to agency action. endar quarter ending before the date of any ing. The subject of the hearing is ‘‘Pro- (2) PUBLICATION REQUIREMENTS.—Make ex- determination referred to in section tecting Public Health: CDC Project ceptions, with respect to institutions or ll03(1)(A), because of the deposit of insur- Grants for Preventable Health Serv- other entities for which the agency is the ance payments or governmental assistance ices.’’ For further information, please primary Federal regulator, to— made with respect to damage caused by, or call the committee, 202/224–5375. (A) any publication requirement with re- other costs resulting from, the major disas- spect to establishing branches or other de- ter. COMMITTEE ON LABOR AND HUMAN RESOURCES posit-taking facilities; or Mr. JEFFORDS. Mr. President, I (B) any similar publication requirement. STEVENS AMENDMENT NO. 55 would like to announce for information (b) PUBLICATION REQUIRED.—Not later than of the Senate and the public that a ex- Mr. STEVENS proposed an amend- 90 days after the date of an action under this ecutive session of the Senate Commit- ment to the bill S. 672, supra; as fol- section, a qualifying regulatory agency shall tee on Labor and Human Resources publish in the Federal Register a statement lows: will be held on Wednesday, May 6, 1997, that— On page 65, line 5, strike the amount (1) describes the action taken under this ‘‘$41,090,000’’ and insert the amount 9:30 a.m., in SD–430 of the Senate Dirk- section; and ‘‘$81,090,000’’ and sen Building. The following are on the (2) explains the need for the action. On page 65, line 7, strike the amount agenda to be considered. (c) QUALIFYING REGULATORY AGENCY DE- ‘‘135,090,000’’ and insert the amount 1. S. : Individuals with Disabilities FINED.—For purposes of this section, the ‘‘$95,000,000’’. Education Act Amendments of 1997. term ‘‘qualifying regulatory agency’’ 2. Presidential nominations. means— FORD AMENDMENT NO. 56 For further information, please call (1) the Board; (2) the Office of the Comptroller of the Cur- Mr. STEVENS (for Mr. FORD for him- the committee, 202/224–5375. rency; self and Mr. MCCONNELL) proposed an f (3) the Office of Thrift Supervision; amendment to the bill, S. 672, supra; as (4) the Federal Deposit Insurance Corpora- follows: AUTHORITY FOR COMMITTEE TO tion; At the appropriate place in the bill, insert MEET (5) the Federal Financial Institutions Ex- the following: COMMITTEE ON ENERGY AND NATURAL amination Council; SEC. . AUTHORITY OF SECRETARY OF DEFENSE RESOURCES (6) the National Credit Union Administra- TO ENTER INTO LEASE OF BUILDING Mr. STEVENS. Mr. President, I ask tion; and NO. 1, LEXINGTON BLUE GRASS STA- (7) with respect to chapter 53 of title 31, TION, LEXINGTON, KENTUCKY. unanimous consent that the Commit- United States Code, the Secretary of the (a) AUTHORITY TO ENTER INTO LEASE.—Not- tee on Energy and Natural Resources Treasury. withstanding any other provision of law, the be granted permission to meet during SEC. ll05. SENSE OF THE CONGRESS. Secretary of Defense may enter into an the session of the Senate on Monday, It is the sense of the Congress that each agreement for the lease of Building No. 1, May 5, for purposes of conducting a Federal financial institutions regulatory Lexington Blue Grass Station, Lexington, hearing before the full committee agency should, by regulation or order, make Kentucky, and any real property associated with the building, for purposes of the use of which is scheduled to begin at 10:30 exceptions to the appraisal standards pre- a.m. The purpose of this hearing is to scribed by title XI of the Financial Institu- the building by the Defense Finance and Ac- tions Reform, Recovery, and Enforcement counting Service. The agreement shall meet consider S. 430, the New Mexico State- Act of 1989 (12 U.S.C. 3331 et seq.) for trans- the requirements of this section. hood and Enabling Act Amendments of actions involving institutions for which the (b) TERM.—(1) The agreement under this 1997. agency is the primary Federal regulator with section shall provide for a lease term of not The PRESIDING OFFICER. Without respect to real property located within a dis- to exceed 50 years, but may provide for one objection, it is so ordered. or more options to renew or extend the term aster area pursuant to section 1123 of the Fi- f nancial Institutions Reform, Recovery, and of the lease. (2) The agreement shall include a provision Enforcement Act of 1989 (12 U.S.C. 3352), if specifying that, if the Secretary ceases to re- ADDITIONAL STATEMENTS the agency determines that the exceptions quire the leased building for purpose of the can reasonably be expected to alleviate hard- use of the building by the Defense Finance ships to the public resulting from such disas- and Accounting Service before the expira- OUTLOOK SCHOOL MCI/NASA ter that outweigh possible adverse effects. tion of the term of the lease (including any PROJECT ll SEC. 06. OTHER AUTHORITY NOT AFFECTED. extension or renewal of the term under an Nothing in this title limits the authority ∑ Mr. GORTON. Mr. President, I would option provided for in paragraph (1)), the re- like to pay tribute to the efforts of of any department or agency under any mainder of the lease term may, upon the ap- other provision of law. proval of the entity leasing the building, be those individuals involved with the SEC. ll07. DEFINITIONS. satisfied by the Secretary or another depart- Outlook Elementary School project in For purposes of this title, the following ment or agency of the Federal Government Outlook, WA. Their tremendous gener- definitions shall apply: (including a military department) for an- osity will provide the technology our (1) APPROPRIATE FEDERAL BANKING AGEN- other purpose similar to such purpose. students need to succeed in school and CY.—The term ‘‘appropriate Federal banking (c) CONSIDERATION.—(1) The agreement in life. agency’’ has the same meaning as in section under this section may not require rental The importance of keeping our chil- 3 of the Federal Deposit Insurance Act (12 payments by the United States under the U.S.C. 1813). lease under the agreement. dren abreast of technology is hard to (2) BOARD.—The term ‘‘Board’’ means the (2) The Secretary or other lease, if any, exaggerate. The National Science Board of Governors of the Federal Reserve under subsection (b)(2) shall be responsible Foundation reports that over 700,000 System. under the agreement for payment of any new technicians, scientists, mathe- (3) FEDERAL FINANCIAL INSTITUTIONS REGU- utilities associated with the lease of the maticians, and engineers must be found LATORY AGENCY.—The term ‘‘Federal finan- building covered by the agreement and for by the year 2010 simply to keep up with cial institutions regulatory agency’’ has the maintenance and repair of the building. technological demands. same meaning as in section 1121 of the Fi- (d) IMPROVEMENT.—The agreement under nancial Institutions Reform, Recovery, and this section may provide for the improve- Business and political leaders from Enforcement Act of 1989 (12 U.S.C. 3350). ment of the building covered by the agree- around the country have called for in- (4) INSURED DEPOSITORY INSTITUTION.—The ment by the Secretary or other lessee, if creased emphasis on technology in edu- term ‘‘insured depository institution’’ has any, under subsection (b)(2). cation. Some fear, however, that rural May 5, 1997 CONGRESSIONAL RECORD — SENATE S3971 and small-town America could be over- piece was Olaf Weighorst’s Cutting serving near Climbach, France, in De- looked in this effort. Seeing this poten- Horse, which depicts a cowboy about to cember of 1944. When his scout car was tial problem, Astronaut Bonnie Dunbar rope a steer. As his collection grew, hit by intense artillery fire, Mr. Thom- enlisted the support of MCI in provid- Eiteljorg tried to meet many of the as assisted the crew to cover and, de- ing free computers and Internet access artists whose works he purchased, in spite severe wounds, managed to signal to the students of Outlook Elementary an effort to share a few moments of the column some distance behind him School in Outlook, WA. Bonnie Dunbar their lives. And, he gave his encourage- to halt. Despite additional multiple is a graduate of Outlook Elementary, ment and financial support to several wounds in the chest, legs, and left arm, and is a model and inspiration to young artists, enabling them to devote he ordered and directed the dispersion many. In the hallway of this small full time and attention to their art. and emplacement of two antitank guns school is the phrase ‘‘From Outlook to Harrison Eiteljorg was also a sup- that effectively returned enemy fire. NASA.’’ With the generosity of MCI, porter and active member of the Indi- He refused evacuation until certain his and the efforts of Bonnie Dunbar, more anapolis Museum of Art. He became a junior officer was in control of the sit- students will have the benefits of state- member of the IMA Board of Trustees uation. Mr. Thomas died in 1980. of-the-art technology, and also have in 1962, served as board chairman from I commend Mr. Baker, Mr. Carter, the stars within their reach.∑ 1974 to 1983, and had been honorary and Mr. Thomas for their bravery and f chairman since 1987. In the 1980’s, Senator KEMPTHORNE for leading this Eiteljorg made a gift to the IMA of effort. SEAN J. WHITE more than 1,000 pieces from his collec- As a result of their heroics, these ∑ Mr. LIEBERMAN. Mr. President, I tion of African and oceanic art. men had clearly met the criteria for rise today to acknowledge Sean J. As a former mayor of Indianapolis, I being awarded a Medal of Honor, the White. Sean has been a member of the understand the importance of citizens Nation’s highest award for valor. This King & Low-Heywood Thomas School being involved in their local commu- medal is only awarded to a member of [KLHT] community since his freshman nities. Harrison Eiteljorg’s strong the U.S. armed services who ‘‘distin- year. That same year he was elected sense of civic responsibility and duty guishes themselves conspicuously by treasurer of the student government. helped make Indianapolis a showcase gallantry and intrepidity at the risk of He also served as a ranking member of for art and culture. their life and beyond the call of duty,’’ the Constitution Committee. Mr. White Harrison Eiteljorg’s personal com- with an act ‘‘so conspicuous as to was a member of the school newspaper mitment to preserving the heritage of clearly distinguish the individual staff and became editor-in-chief of The American Indians and the evolution of above their comrades.’’ However, be- Standard in 1997. He has been an active the West is to be commended. While he cause of the racial climate of the time member of Model United Nations and will be sorely missed, his important and the segregated nature of the Army Political Union, as the vice chairman. collections will continue to educate in 1945, African-Americans were denied At the end of this year his term as and enchant visitors to the Eiteljorg the Medal of Honor. It is a sad testa- chairman of the Political Union and as Museum and the Indianapolis Museum ment to America’s legacy of discrimi- president of Model United Nations will of Art for many years to come.∑ nation that although 1.2 million Afri- begin.∑ f can-Americans served in the military f during the Second World War, includ- AFRICAN-AMERICAN MEDAL OF ing Mr. Baker, Mr. Carter, and Mr. TRIBUTE TO HARRISON HONOR RECIPIENTS Thomas, none received 1 of the 433 EITELJORG ∑ Mr. TORRICELLI. Mr President, I Medals of Honor awarded during the ∑ Mr. LUGAR. Mr. President, I rise rise today in strong support of Senator conflict. today to pay tribute to Harrison KEMPTHORNE’s effort to provide Medal This past January our Nation took Eiteljorg, a dear friend and longtime of Honor recipient Vernon Joseph an important step in correcting this in- patron of the arts, who passed away Baker, and the heirs of Medal of Honor justice by awarding Mr. Vernon Joseph last week at the age of 93. This after- recipients Edward Carter and Charles Baker, and six of his dead comrades, noon, friends and family will gather in Thomas, with retroactive compensa- the Medal of Honor during a long-over- Indianapolis to remember Harrison and tion for their awards. due ceremony at the White House. This to celebrate his remarkable life. During World War II Mr. Baker was recognition of these men’s extraor- Harrison Eiteljorg was the founder an Army 2d lieutenant serving with the dinary courage was a vindication for and chief benefactor of the Eiteljorg 92d Infantry Division in Europe. During all African-American heroes of World Museum of American Indians and West- a 2-day action near Viareggio, Italy he War II. In order to further demonstrate ern Art. This museum, located in single-handedly wiped out two German our profound thanks to these brave downtown Indianapolis, houses his ex- machinegun nests, led successful at- men, I support Senator KEMPTHORNE’s tensive collection of paintings and tacks on two others, drew fire on him- effort to retroactively compensate Mr. sculptures of the American West, with self to permit the evacuation of his Baker, and the heirs of Mr. Carter and works by Frederic Remington, Georgia wounded comrades, and then led a bat- Mr. Thomas for the money that they O’Keefe, Albert Bierstadt, and Thomas talion advance through enemy mine- would have received from the Army for Hart Benton. It also contains his col- fields. Mr. Baker is the only one of receiving the Medal of Honor. The lection of Indian artifacts, with cos- these three men still alive today, and other three heros died as a result of the tumes, weapons, ceremonial objects he currently resides in St. Maries, ID. brave deeds which qualified them to re- and masks representing tribes of the Edward Carter, of Los Angeles, was a ceive the Medal, and thus would not Midwest, Plains, and Northwest coast. staff sergeant with the 12th Armored have received any compensation by the The Eiteljorg collection is perhaps the Division when his tank was destroyed military. finest of its type anywhere in the in action near Speyer, Germany, in Each recipient of this Medal is enti- world. March of 1945. Mr. Carter led three men tled to receive a token monthly stipend Harrison Eiteljorg found absolute joy through extraordinary gunfire that left from their respective branch of the in the pursuit, discovery and acquisi- two of them dead, the third wounded, military after they leave active duty tion of paintings and sculptures of the and himself wounded five times. When service. In 1945 the stipend was $10 and American West. Early in his life, busi- eight enemy riflemen attempted to today it has risen to $400. Since he was ness interests took Eiteljorg on fre- capture him, he killed six of them, cap- denied the Medal more than a half cen- quent and extended trips to the West tured the remaining two and, using his tury ago, Mr. Baker and the survivors and Southwest. His interest in Indian prisoners as a shield, recrossed an ex- of Mr. Carter and Mr. Thomas, deserve artifacts and crafts developed at this posed field to safety. The prisoners to receive the same amount of money time, together with his attraction to yielded valuable information. Mr that they would have received had they Western painting and sculpture. Carter died in 1963. been awarded the Medal at the close of Eiteljorg began assembling his col- Charles Thomas, of Detroit, was a World War II. America is profoundly lections in the late 1940’s. His first major with the 103d Infantry Division thankful for the patriotism of these S3972 CONGRESSIONAL RECORD — SENATE May 5, 1997 men, and awarding retroactive com- cent; and arrests of juveniles for weap- community as well, must play integral pensation to them is a simple way to on possession increased 103 percent. roles. I am very interested in a new express our gratitude for their service. These statistics coupled with the fact project just getting underway in Mem- For these reasons I stand today to rec- that there will be a large increase in phis, TN, which will do just that. The ognize Mr. Baker, Mr. Carter, and Mr. the number of juveniles early in the Shelby County Tennessee Juvenile Of- THOMAS, and support retroactively next century—by 2005 the number of fender Transition Program is an inno- compensating them for their accom- males 14–17 will increase 25 percent— vative new plan for a supervised, inde- plishments.∑ means that we are about to face a pendent living center for juvenile of- f crime epidemic the likes of which this fenders aimed at reducing recidivism country has never experienced. The and assisting youth to obtain the skills JUVENILE CRIME Justice Department estimates that in necessary to break the cycle of crime ∑ Mr. FRIST. Mr. President, a few the next 13 years juvenile arrests for and to make the transition into a pro- weeks ago in Nashville, three armed violence crimes will more than double ductive adulthood. The program in- teenage thugs struck the youngest and juvenile arrests for murder will in- cludes education and vocational train- member of my staff with a pistol, crease by 45 percent. ing requirements tailored to each par- robbed, and terrorized him. All three So what do we do? Currently, less ticipant, coupled with a highly struc- have lengthy juvenile records. Two than 10 percent of juvenile offenders tured mentoring program with area were convicted of armed robbery at age commit far greater than half of all ju- universities and a business sponsorship 14 and served time in a juvenile facil- venile crimes. Rather than adopt a which includes part-time employment ity. Last month, over the vehement ob- shotgun approach, we need to focus our during the program with the prospect jection of the prosecutor, both were re- efforts to make it harder for this small of employment after completion of the leased early for good behavior. It took portion of the population to contin- program or tuition reimbursement for these juveniles less than a month to ually commit crimes. In addition, it continued education. The juveniles rearm and commit another violent has been proven time and time again have to serve their entire sentence, but crime. that adult repeat offenders often begin this program will give the juvenile In Tennessee over the past 4 months, as juvenile repeat offenders and that court an alternative to sending these we have had a string of senseless mur- the severity of the crimes only in- young people back to the neighbor- ders which have left Tennesseans in a crease. We must interrupt the cycle of hoods and the problems where we know state of shock, fear, and confusion. One violence while the offender is still a ju- they will only get in trouble again and incident, for which arrests have been venile. end up back in our courts and our pris- made, is the tragic story of the four I believe that the most important ons. It is not the solution to all of the members of the Lillelid family of east step we can take is make sure that problems we face with juvenile crime, Tennessee. They were car-jacked at a these young people understand that but this is an innovative, new approach rest stop on Interstate 81 and later there are consequences for their ac- to assist some of our young people, found executed in a ditch, with mul- tions. In Tennessee, usually a juvenile those who we might be able to help, in tiple gunshot wounds to the head and will have been convicted of three making a positive change. The program chest. The mother, father, and 6-year- crimes before he or she is considered calls on all aspects of our communities old daughter all died, while the 2-year- for juvenile detection. I think we all to find solutions and I believe that old son was shot twice, but survived. realize that if these kids are caught these efforts deserve our support. The police have arrested six people in doing something 3 times then that Mr. President, I believe that it is connection to the murders—four adults means they have probably done it clos- time to take a long hard look at the and two juveniles—all are under 20 er to 20 times. I believe that a vital ele- areas I have highlighted and consider years of age. ment in deterring crime is the cer- long overdue reforms to the juvenile This pointless tragedy is just one of tainty of punishment for first and sec- justice system. There is consensus on many recent stories which have riveted ond offenses. Juvenile offenders must several issues from both Republican the attention of people across Ten- know for certain that they are respon- and Democrats, and therefore, I think nessee. The death of Charlie Thoet as sible and will be held accountable for it is time for the U.S. Senate to ad- he was closing a restaurant just out- their actions. dress this most pressing concern of the side of Nashville in January; the mur- Criminals must also serve their en- American people.∑ der of Steve Hampton and Sarah Jack- tire sentence. If the teenagers, who at- f son as they were opening another es- tacked my staffer a few weeks ago, had tablishment in February; the triple served their full sentences, then that ADAM J. PLATZNER homicide of Robert Santiago, Robert crime would never have happened. We ∑ Mr. LIEBERMAN. Mr. President, I Allen Sewell, and Andrea Brown and do not have enough resources to cap- rise today to acknowledge Adam J. the attempted murder of Jose Alfredo ture and arrest every criminal several Platzner. Adam arrived at the Kind & Romirez Gonzalez at a fast food res- times. Once our police officers have put Low-Heywood Thomas School [KLHT] taurant in March; and the most recent their lives on the line to catch a crimi- in September 1994—sophomore year. incident, the murders of Michelle Mace nal, and our overworked, underpaid Almost immediately following his ar- and Angela Holmes at an ice cream prosecutors have obtained a convic- rival he was elected by his classmates shop just last week, have left many tion, it is inexcusable for that criminal to the Student Government as a case across Tennessee questioning our soci- not to serve his or her full sentence. representative. He was appointed by ety and its lack of respect for human There are other steps we can take to the Student Government president to life. All of these victims were hard make sure it is easier for law enforce- the position of direction of Student working people with families and ment and the courts to send a strong Government Development. He was also friends, hopes and dreams whose lives message to juvenile offenders. Most appointed chairman of the Constitu- were brought to an end in a brutal, vio- Americans would probably be surprised tion Committee. In these posts he not lent, senseless fashion. to learn that in most areas juveniles only raised money but he also super- Mr. President, I want to be very clear are not fingerprinted and their record vised the formation of, and coauthored that in no way do I mean to suggest of violent crimes are not weighed at all the new Student Government’s con- that all of these unsolved murders were in adult criminal proceedings. They stitution. Through his efforts the stu- caused by juveniles. However, the two may also not be aware that in most dents now have representation on the cases first mentioned were cases with States there is a minimum age for a ju- board of trustees’ committees. In the juvenile and very young adult offend- venile to be bound over to adult court. middle of April 1994, Mr. Platzner ers. And violent juvenile crime is grow- Crime, especially juvenile crime, is a among other things, founded and was ing across this country. From 1985 to problem for which our entire commu- elected chairman of the Political 1994 arrest of juveniles for all serious nity must find the solution. Parents, Union. He was also elected vice presi- violent offenses increased 75 percent; teachers, law enforcement, judges, so- dent of the Student Body and chairman arrest for homicides increased 150 per- cial services, and, yes, the business of the Student Council. Adam Platzner May 5, 1997 CONGRESSIONAL RECORD — SENATE S3973 was chosen to represent the school as cluding in Hawaii, share a widespread from using TRQ’s to accomplish the the ambassador to the Hugh O’Brien concern that international agreements sort of nontransparent, discriminatory Youth Foundation’s annual conference. do not adequately protect them against and restrictive non-tariff barriers that The following year—junior year—Mr. unfair foreign trading practices, par- the Uruguay Round sought to elimi- Platzner raised funds and chaired the ticularly against repeat offenders like nate. Student Council. He was also selected the EU. With the banana report now In addition to the favorable prece- to sit on the board of trustees’ edu- out in preliminary form, we are close dent being set for American agri- cation committee—2-year term—and to having in hand the most favorable, culture, the banana report also gives elected president of the Model United comprehensive findings ever rendered expansive life and coverage to the new Nations Organization. Adam Platzner against a single EU agricultural policy. WTO agreement governing services. won the Outstanding Delegate Award The Journal of Commerce properly de- The report found that U.S. service sup- at the Ivy League Model United Na- scribed the ruling as ‘‘a welcome signal pliers engaged in the wholesale dis- tions Conference, as well as the class that the WTO will not simply acquiesce tribution of fresh fruit have had their prize for his hard work, leadership, and when Brussels requires all member na- conditions of trade adversely affected dedication In the city of New Rochelle, tions to raise their trade barriers to by the EU regime in numerous ways, NY, Mr. Platzner was appointed to the the highest level imposed elsewhere in always to the direct benefit of EU cor- Youth Court. the union.’’ I request that the Journal porate interests. The measure of U.S. During his senior year he continued of Commerce editorial in which that harm as a result of these services viola- to lead the KLHT Political Union for- quote appears, entitled ‘‘Ending ba- tions may exceed $1 billion, a level well ward. In the beginning of the year he nana inanity,’’ be included in the in excess of the harm normally impli- was appointed to lead Students Against RECORD immediately following our re- cated in international dispute settle- Driving Drunk. It was in decline and marks today. ment actions. By strictly upholding Mr. Platzner’s job is to turn it around. Mr. AKAKA. Mr. President, I am U.S. service supplier interests in this Adam Platzner continues to be a dedi- pleased to join Senator INOUYE in en- case, the panel has helped ensure cated member of the KLHT commu- couraging the U.S. Trade Representa- meaningful, lasting protection of all nity.∑ tive’s continued pursuit of this case. U.S. sectors covered by the new inter- f The consequences of this interim WTO national services accord. report are significant—not just for Ha- In short, if adopted, the WTO banana EUROPEAN UNION BANANA TRADE waii, but for the U.S. agricultural com- INEQUITY report will represent an unambiguous munity and for U.S. trading interests win for multiple trading interests ∑ Mr. INOUYE. Mr. President, I join generally. Ambassador Barshefsky throughout our country. We accord- today with my friend and colleague wisely recognized those implications ingly ask our Senate colleagues to lend from Hawaii, Senator AKAKA, to con- when she joined with numerous other all necessary support to Ambassador gratulate Ambassador Charlene WTO members in calling for a WTO dis- Barshefsky and her staff to secure Barshefsky and her staff at the Office pute settlement panel to condemn the adoption and full implementation of of the U.S. Trade Representative on EU banana import regime. this important WTO report. their outstanding work to date in the The WTO panel acknowledged that in The editorial follows: World Trade Organization [WTO] ac- an increasingly interdependent global [From the Journal of Commerce, Apr. 11, tion involving the European Union economy, governments will be held ac- 1997] [EU] banana policy. On March 18, 1997, countable for the adverse consequences ENDING BANANA INANITY a neutral WTO panel charged with re- their trade policies may have on for- An interim ruling last month by a World viewing the banana case issued a de- eign producing sectors, however large Trade Organization dispute panel, calling on tailed interim report finding the EU re- or small they might be. Hence, if the the European Union to overhaul its system gime to be in violation of over 20 WTO banana panel’s interim report is adopt- of banana trade preferences, was a big principles. This represents more viola- ed, as we expect it to be, small produc- achievement for the 40 countries—one-third tions in a single case than has ever be- ing interests, such as the banana pro- of the WTO’s membership—involved in the fore been found in the history of the ducers of Hawaii will be entitled under case. It showed that a rules-based trading General Agreement on Tariffs and the long arm of the WTO to all rights system can yield just decisions even in com- Trade and WTO dispute settlement. and interests guaranteed by that trea- plex and politically charged cases. Although narrow in scope, the one The banana case involved a decades-old ty. Since the success of small produc- system of trade preferences that European implication I am obliged to mention ing interests is a critical aspect of Ha- nations granted their banana producing first relates to U.S. banana production. waii’s agricultural future, this long former colonies in Africa, the Caribbean and Hawaii has produced bananas commer- arm protection is of great reassurance the Pacific. For six of those countries, that cially for almost 160 years. Bananas are to us. preferential access left relatively slim Hawaii’s seventh leading agricultural Under the new WTO rules, if the ba- quotas for Latin American producers, many crop by value and show considerable nana report is adopted, the EU will of whom market their fruit through U.S.- promise for expansion and export. This face a stark choice: it will either have based Chiquita Brands. growth potential is extremely impor- That difficulty was compounded when, in to dismantle this unlawful regime or 1993, the EU sought to transform the vol- tant as Hawaii makes a critical transi- face legal WTO trade retaliation. After untary preference program adopted by some tion from a large plantation style agri- decades of EU disregard of U.S. agricul- of its member states into a uniform regime cultural base in sugar and pineapple to tural interests, a strict enforcement of for the entire union. That meant forcing a diversified crop base featuring a very that choice should establish an effec- Germany, Belgium, the Netherlands and wide range of tropical and subtropical tive model for resolving future disputes other EU states to impose caps on banana products. While Hawaii is a small pro- with the EU and, equally important, imports, driving up the price and limiting ducer of bananas by global standards, should deter the EU from even engag- the supply of the Latin American bananas their consumers prefer. the distortions to global banana trade ing in unlawful agricultural policies in In principle, the EU could have handled caused by the EU banana import re- the first instance. Restored confidence this change in a way that did not discrimi- gime have taken a decisive toll on Ha- in international dispute settlement nate against third countries and break WTO waiian producers in the form of de- should, in turn, help broaden the gen- rules. But Brussels took the opportunity to pressed producer prices. If the EU’s eral view that trade agreements are a set up a whole new system that favored Eu- panel report is adopted as expected, it positive force in the promotion of U.S. ropean banana marketing companies and put will have a leveling effect on the prices agricultural trading interests. Chiquita Brands at a disadvantage. The received by Hawaii banana growers. The banana report promises to be mechanism was a Byzantine system of im- Other U.S. agricultural interests far helpful to U.S. agriculture in still an- port and export licenses, which were made available to European marketers and to the beyond the banana sector also stand to other way. By clarifying the conditions foreign governments willing to cooperate benefit if the banana panel ruling is under which agricultural tariff rate with them. adopted in its present form. Farming quotas [TRQ’s] can be administered, Four countries—Colombia, Costa Rica, interests throughout our country, in- the report should prevent countries Venezuela and Nicaragua—were made an S3974 CONGRESSIONAL RECORD — SENATE May 5, 1997 offer by the EU that they couldn’t refuse: regime is founded on over 20 violations joined together in a letter to Ambas- Agree to supply bananas under the EU re- of international trade agreements, in- sador Barshefsky, expressing our ap- gime or be punished with less access to the cluding the General Agreement on Tar- preciation for her office’s great work to world’s largest banana market. The EU also iffs and Trade [GATT], the General date. enlisted Caribbean politicians to defend the system it had set up to benefit European Agreement on Trade in Services The case in question was brought be- marketers. The result was that Chiquita saw [GATS], and the Agreement on Import fore the WTO by the United States, its market share in Europe plunge by nearly Licensing Procedures. Mexico, Guatemala, Honduras, and Ec- 50%, costing it hundreds of millions of dol- This case has implications much uador. Last March, a panel of the WTO lars. broader than simply the banana trade. made public an interim report, which The United States has fought this system The United States has many, very con- found the EU banana regime to be in in world trade bodies for years. Dispute pan- tentious, on-going agricultural trade els of General Agreement on Tariffs and violation of more than 20 WTO prin- disputes with the EU, and for that rea- ciples. As the senior Senator from Ha- Trade, forerunner of the WTO, twice ruled son U.S. agricultural interests have that Europe’s banana regime violates trade waii pointed out, this one case has pro- law, but the EU refused to honor those rul- been watching the banana case with duced more violations than any other ings. Washington’s persistence may pay off great interest. First, this case is an ex- in the history of the WTO dispute set- yet, however, since the WTO’s rules prevent ample of the successful use of WTO dis- tlement process. pute settlement to resolve these agri- a single nation from blocking a panel ruling. I am sure one could ask why a Sen- To its credit, the three-member WTO panel cultural trade issues. Further, accord- ator from Ohio would be interested in a withstood overheated lobbying by the EU ing to the American Farm Bureau, the trade dispute involving bananas. It’s and its allies in the Caribbean, who falsely panel’s report ‘‘helps establish clear easy to answer: I am a Senator who charged that the United States was out to parameters for the implementation of wreck the original preference program for represents a large number of farmers in agricultural tariff rate quotas [TRQ’s]. former colonies. Instead, the panel identified Ohio. Ohio farmers produce agricul- These parameters will help prevent the real issue: the right of investors in serv- tural goods for both domestic and TRQ’s from becoming the very type of ices—in this case, marketing and distribut- international markets. Indeed, if ing bananas—to have a fair shot at a big nontariff barrier the Uruguay Round American agriculture is to remain a market. sought to eliminate.’’ Moreover, the EU’s claims notwithstand- In addition, this case is the first test growth industry, we need to increase ing the panel’s interim ruling will not of the General Agreement on Trade in our presence in world markets. It’s threaten Caribbean exports to Europe, which Services. The United States was instru- that simple. amount to 8% of Europe’s banana imports. mental in ensuring that GATS was in- The hard fact for many farmers is The only losers will be the big European ba- that free and fair trade on the world nana trading firms, which will not longer be cluded in the final Uruguay Round able to charge monopoly prices. Agreement. It is in our interest to see stage hasn’t always been simple, par- The ruling also is a welcome signal that the MFN and ‘‘national treatment’’ ob- ticularly when they have to go up the WTO will not simply acquiesce when ligations, traditionally applied to against the EU. It is our job in Wash- Brussels requires all member nations to raise goods in trade agreements, now extend ington to achieve and advance trade their trade barriers to the highest level im- to services, an increasingly important agreements that protect and advance posed elsewhere in the union. The WTO al- our agricultural interests. That can be lows this ‘‘leveling up,’’ but also requires portion of U.S. foreign commerce. The panel decision in the banana case inter- easier said than done. It took years of that exporters in third countries be com- negotiations before Congress finally pensated for their losses. The panel decision, prets broadly the GATS protections if finalized, would require the EU to offer against government policies which dis- ratified the General Agreement on Tar- such compensation. criminate against foreign service sup- iffs and Trade and supported the cre- The decision is a victory for European con- pliers. This is an important precedent ation of the WTO. Despite this progress sumers, who have been paying high prices as and a significant victory for U.S. inter- in our trade laws and agreements, I a result of the EU banana regime. If the in- still hear from farmers who believe terim ruling is finalized—as is expected—and ests. Once again, Mr. President, I com- that international trade agreements the EU implements it as it should, Europe’s don’t do the job, or express a lack of long chapter of banana inanity may finally plement USTR on a job well done and draw to a close. urge the administration to persevere confidence in the WTO system. WTO DISPUTE SETTLEMENT PANEL REPORT through the inevitable appeal process, That’s why I followed with great in- Mr. GLENN. Mr. President, I rise to doing everything necessary to ensure terest the case against the EU banana bring my colleagues’ attention to a re- that this important ruling is not un- regime. The ultimate outcome of this cent and very significant decision by a dermined. I sincerely hope that, with case stands to shape both the real and dispute settlement panel of the new the panel’s decision in hand, a nego- perceived effectiveness of our U.S. World Trade Organization [WTO]. The tiated solution to end the discrimina- trade team, and the WTO as a means to case is extraordinarily complex and I tory banana regime can be found. How- achieve those goals. congratulate Ambassador Charlene ever, if not, the United States has a Last month’s interim report rep- Barshefsky and her staff at USTR on WTO-sanctioned right to retaliate, resents the most significant and hope- their skillful handling of this matter which we should not hesitate to in- ful sign that our Nation’s interests can on behalf of the United States. voke, if necessary, to achieve full EU be voiced effectively in the WTO. It’s To summarize the issue, the United conformity with the panel ruling in important to emphasize the interim re- States, Mexico, Ecuador, Honduras, this case. port is a first step. The report still and Guatemala went to WTO dispute A HOPEFUL STEP FOR AMERICA’S FARMERS must be adopted by the WTO and the settlement seeking an end to an EU ba- Mr. DEWINE. Mr. President, I am EU be compelled to achieve full con- nana trade regime which discriminates very pleased to join with my distin- formity with its findings. If the WTO against banana exports from certain guished colleagues from Hawaii, Sen- adopts the report, it will be the first Latin American countries and against ator INOUYE and Senator AKAHA, to time the United States has won a case certain United States and Latin Amer- congratulate Ambassador Charlene brought against the EU in the WTO. If ican banana marketing companies. The Barshesfsky and her team at the Office adopted, U.S. agricultural trade policy EU regime has deprived Latin Amer- of the U.S. Trade Representative for will stand at a vital crossroads. Ameri- ican countries of market share and ex- the efforts they have taken in their ca’s farmers have battled the EU’s port growth in the EU and has taken case against the European Union [EU] tough and predatory trade practices for business away from United States and banana regime, which is pending before decades. Now, it appears that the WTO Latin American banana marketers, the World Trade Organization [WTO]. I is in a position to shift the balance to- giving that business over to European know this is an issue of interest not ward fairness and respect for U.S. agri- marketing firms. just for the three of us, but also my cultural interests in two ways: First, The WTO panel’s decision is a major Ohio colleague, Senator GLENN, my dis- by offering an impartial forum to hear victory for the United States and our tinguished friend from Utah, Senator and resolve trade disputes; and second, Latin American partners in the case. HATCH, and the majority leader, Sen- by serving notice to the EU that its The panel found that the EU banana ator LOTT. Last week, the six of us past practices will not be tolerated. May 5, 1997 CONGRESSIONAL RECORD — SENATE S3975 Again, I congratulate Ambassador Mr. SESSIONS. Mr. President, I fur- possible as to the scheduling of that Barshefsky and her team for their per- ther ask unanimous consent that the and other votes. In addition, we expect sistent efforts to stand up for Ameri- first-degree amendments under the clo- other amendments to the supplemental ca’s farmers before the WTO. I urge my ture motion be filed by 2:30 p.m., to- appropriations bill to be introduced to- colleagues to express their support as morrow. morrow. Therefore, Senators can ex- well. I hope we will see continued suc- The PRESIDING OFFICER. Without pect additional voting during Tues- cess as this report proceeds through objection, it is so ordered. day’s session of the Senate. As a re- the adoption process, and as other Mr. SESSIONS. Mr. President, I now minder to all Senators, a cloture mo- cases are brought before the WTO. ask unanimous consent that on Tues- tion was filed today. Therefore, all f day, the Senate stand in recess from first-degree amendments must be filed the hours of 12:30 to 2:15 in order for by 2:30 p.m. to be in order. ORDERS FOR TUESDAY, MAY 6, the weekly policy conferences to meet. The PRESIDING OFFICER. Without 1997 The PRESIDING OFFICER. Without objection, it is so ordered. Mr. SESSIONS. Mr. President, I ask objection, it is so ordered. unanimous consent that when the Sen- f f ate completes its business today it stand in adjournment until the hour of PROGRAM 10 a.m., on Tuesday, May 6. I further Mr. SESSIONS. For the information ADJOURNMENT UNTIL 10 A.M. ask unanimous consent that on Tues- of all Senators, tomorrow morning the TOMORROW day, immediately following the prayer, Senate will resume consideration of S. Mr. SESSIONS. Mr. President, if the routine requests through the morn- 672, the supplemental appropriations there is no further business to come be- ing hour be granted and the Senate bill. As previously announced, the Sen- fore the Senate, I now ask unanimous then immediately resume consider- ate will recess from 12:30 to 2:15 in consent the Senate stand in adjourn- ation of S. 672, the supplemental appro- order for the weekly policy luncheons ment under the previous order. priations bill. to meet. There is a pending amendment There being no objection, the Senate, The PRESIDING OFFICER. Without which will necessitate a rollcall vote. at 5:06 p.m., adjourned until Tuesday, objection, it is so ordered. Senators will be notified as soon as May 6, 1997, at 10 a.m. May 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E821 EXTENSIONS OF REMARKS

IN HONOR OF WILLIAM LINCER Attorney General Janet Reno stonewalls what to do when their opponents refuse to the U.S. Congress and refuses to appoint an follow the rules. It presents them with a con- independent counsel to investigate the ille- flict that is too big for them to handle. They HON. CAROLYN B. MALONEY gal campaign contributions that poured into are embarrassed for their opponents, and OF NEW YORK Mr. Clinton’s re-election from foreigners they shy away from facing down such defi- IN THE HOUSE OF REPRESENTATIVES seeking to control U.S. policy. ance of law. Republicans pretend that some- Thursday May 1, 1997 Whitewater Independent Counsel Kenneth thing less is happening, and they look to Starr has been so thoroughly stonewalled by make a deal so they can ‘‘move on.’’ Mrs. MALONEY of New York. Mr. Speaker, the Clinton administration and by witnesses The media also shield the Clintons. Unable I rise today to honor William Lincer, an out- protecting the Clintons that he has had to any longer to deny the appearance of impro- standing gentleman and renowned musician, request an extension of the term of the grand priety, the media have turned it into a joke. on the occasion of his 90th birthday. jury that is investigating such felonies as The corruption has become something to William Lincer, violinist and teacher, was perjury, obstruction of justice, concealment laugh at, not to be serious about. Anyone born in Brooklyn in 1907. At the age of 5, he and destruction of evidence, and intimida- who decries President Clinton’s ethics is told began to study the viola and 2 years later tion of witnesses. In his statement to the it is unsophisticated to expect a bubba-boy gave his first recital. He was a member of the federal court, which granted the extension, from the South to be any different. Not even Mr. Starr reported that the conduct of his Gordon String Quartet, the Cleveland Sym- Yale and Oxford can turn a pig’s ear into a investigation has been delayed ‘‘by a failure silk purse; so what’s the big deal? phony Orchestra, and for 30 years, the prin- of persons and/or entities to make timely or But there is a big deal—the rule of law and cipal violist of the New York Philharmonic. In complete production of documents pursuant the accountability of the executive. The rule 1969, William Lincer was named professor of to grand jury subpoena,’’ that persons and of law is being shredded, and the precedent is viola and chamber music at the Juilliard entities have resisted compliance with grand being established that a Democratic presi- School of Music, a position from which he only jury subpoenas ‘‘even in the face of a motion dent favored by the media is not accountable recently retired. to compel by the Independent Counsel,’’ that to a Republican Congress. The Republicans His work as a soloist and teacher has been ‘‘witnesses and entities have refused to be who are allowing this to happen are far recognized by awards from the New York Her- interviewed and/or to produce documents greater villains than the Clintons. voluntarily’’ without subpoenas, and that ald Tribune, the American String Teachers As- witnesses seeking to avoid testimony have f sociation, and the New York Viola Society. It asserted privileges that ‘‘are unfounded and is a tribute to his skill and commitment as a invalid.’’ TRIBUTE TO THE BRONX COMMU- teacher that many of his students hold posi- What Mr. Starr’s language means is that NITY COLLEGE HALL OF FAME tions in orchestras and chamber groups and the Clinton administration is stonewalling RUN teaching positions throughout the world. the legal system of the United States, just as Mr. Speaker, I ask my colleagues to join Caligula laughed at Roman law or what was HON. JOSE´ E. SERRANO with me in saluting William Lincer. He has left of it. Mr. Clinton is striving mightily to establish that he is above the law, and so far OF NEW YORK made a great contribution to music in America he is succeeding. He has even used the power IN THE HOUSE OF REPRESENTATIVES and it is with gratitude that we honor him. of his office to evade a civil suit for sexual Thursday, May 1, 1997 f harassment. Scandal follows scandal with such rapidity Mr. SERRANO. Mr. Speaker, I rise to pay WILL THE RULE OF LAW SURVIVE that the public cannot keep up. Whatever tribute to the 19th Annual Bronx Community CLINTON? happened, for example, to Resolution Trust College Hall of Fame Run, a 10-kilometer race Corp. official John E. Ryan, who squashed sponsored by Bronx Community College. This his agency’s investigation of the Whitewater HON. GERALD B.H. SOLOMON year's race will be held on May 3 starting from OF NEW YORK banking scandal three years ago? Investiga- tors and their supervisors testified before Bronx Community College in my congressional IN THE HOUSE OF REPRESENTATIVES Congress that this was indeed the fact and district of the South Bronx, NY. Thursday, May 1, 1997 produced tape recordings and other evidence The Hall of Fame Run was established in Mr. SOLOMON. Mr. Speaker, I am increas- of a coverup designed to protect the Clin- 1979 under the leadership of former Bronx ingly concerned about our Nation becoming a tons. Apparently, the coverup succeeded, be- Community College president Dr. Roscoe C. cause everyone was soon distracted by the Brown, Jr., and continues under the presi- nation of men, not a nation of laws. next scandal. I am not alone in this concern. Paul Craig Last November the Democrats stole (at dency of Dr. Carolyn Grubbs Williams. The Roberts, one of the best columnists in the least) two elections to the U.S. Congress, one race brings together runners of all ages from country, expressed his own concern in a re- in Louisiana and one in California. Repub- the five boroughs of New York City to com- cent Op Ed in the Washington Times. This is lican Robert Dornan lost the California race pete in a wholesome community event. not a partisan issue, Mr. Speaker, but one in- by 984 votes. Orange County District Attor- The run was named after the Hall of Fame volving the constitutional prerogatives of the ney Michael Capizzi has found that a single for Great Americans, a national landmark es- House. I am not concerned if certain members ‘‘immigrant rights’’ group (funded with $35 tablished in 1900 to honor the achievements million in taxpayers’ money) registered 890 of men and women in science, the arts, hu- of the executive branch dislike us. But they noncitizens in the county and that most of will respect the offices we hold and the institu- them voted. California’s secretary of state manities, business, and government. This tion in which we serve. has also found hundreds of illegal voters and beautiful landmark, designed by architect In the hopes that more Members will be- asked the U.S. Immigration and Naturaliza- Stanford White, features a granite colonnade come more sensitive to the contempt in which tion Service for help in checking the voter containing the bronze busts of 97 distin- this House is treated, I proudly place the Rob- rolls. guished Americans. erts article in today's RECORD. INS on orders from Washington not only This year will mark my 16th year of partici- refused any help in identifying illegal voters WILL THE RULE OF LAW SURVIVE CLINTON? pation in Bronx Community College Hall of but also refused to comply with court-or- Fame Run and I am thrilled to be part of this (By Paul Craig Roberts) dered subpoenas. Loretta Sanchez, the bene- Who would have dreamed that a U.S. citi- ficiary of the illegal votes, also refuses to annual spring ritual. The event, which was zen could return home from a visit to South comply with a congressional subpoena for originally a 10-kilometer race, now includes a America and feel that he had come back to documents. 10-kilometer walk and a 2-mile fitness walk. a less ethical political system? But that’s The INS and Loretta Sanchez, although Mr. Speaker, I ask my colleagues to join me just the way I feel after my return from not as powerful as the president, are having in recognizing the Bronx Community College Chile. equal success in stonewalling Congress. Hall of Fame Run in its 19th year of uniting A person must strain to find any shred of Republicans can be stonewalled because the community through healthy competition. propriety anywhere in the Clinton Adminis- they are intimidated by the Democrats’ au- tration. Consider: dacity. Republicans simply do not know f

∑ 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. E822 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 1997 CONGRATULATIONS TO SISTER sey to offer single-room maternity care. Sister had been on hiatus, reopened in 1907 with PATRICIA LYNCH Patricia's leadership clearly was essential to 750 students. Holy Name's success in keeping pace with St. Stanislaus parish would not have grown HON. MARGE ROUKEMA public health care needs. Her second tenure and prospered without its dedicated parishion- OF NEW JERSEY at Holy Name has been characterized as the ers and priests. Throughout the years, the par- IN THE HOUSE OF REPRESENTATIVES decade of progress. ish was overseen by Monsignor Strzelecki, I worked closely with Sister Patricia in re- Rev. Feliks Burant, Monsignor Karpinski, and Thursday, May 1, 1997 cent years to end insurance companies' new Father Lucius Tyrasinski. The parish will enter Mrs. ROUKEMA. Mr. Speaker, I rise to con- practice of paying for only a 24-hour hospital its third century of service to New York's Pol- gratulate Sister Patricia Lynch on her retire- stay after giving birth. Sister Patricia made ish community under Rev. Krzysztof Wieliczko, ment as president of Holy Name Hospital in Holy Name available as the site of 1995 hear- who was installed as pastor in 1996. Teaneck, NJ, and on her half-century as a ings on state legislation requiring that insur- Mr. Speaker, I ask that my colleagues rise member of the Sisters of St. Joseph of Peace. ance companies pay for at least a 48-hour with me in this tribute to St. Stanislaus B. & Sister Patricia's career of compassion and car- stay and was instrumental in seeing that M. Parish as it celebrates its 125th anniver- ing for the ill and injured has been one true to measure signed into law in New Jersey. Last sary. I am honored to have such an important the teachings of the Lord. She put her faith year, she was helpful in seeing the same law parish in my district continuing the Polish im- into practice, comforting the sick. She is an in- passed at the Federal level. She deserves the migrants' traditions of their homeland and in- spiration to us all. special thanks of women across the Nation for troducing them to the culture of their new Sister Patricia has not been your typical her dedicated work on this issue. home. hospital CEO. She could be found in the In recognition of her work, Sister Patricia f emergency room at 2 a.m., comforting the has been honored as a Citizen of the Year by family of an accident victim. She would em- the New Jersey Academy of Medicine. She MR. HUANG’S BRIEFINGS brace the colleagues of a heart attack victim. has received the Girl Scouts of America Out- She would console cancer patients with sto- standing Achievement Award, was named a HON. GERALD B. H. SOLOMON ries of her own struggle with the disease. Bergen County Pioneer Woman of the 1990s, OF NEW YORK Born in County Kerry, Ireland, Sister Patricia and has received the Anti-Defamation IN THE HOUSE OF REPRESENTATIVES worked on the family farm before joining the League's Distinguished Community Service Sisters of St. Joseph of Peace as a teenager Award. She is a member of the American Col- Thursday, May 1, 1997 and was sent to a convent in England during lege of Health Care Executives, the American Mr. SOLOMON. Mr. Speaker, if you and World War II. She came to the United States Hospital Association and the New Jersey Hos- other Members are like me, you like to keep to work with orphaned children at the Barbara pital Association, and a former trustee of the a number of files handy for quick reference. Givernaud Home in North Bergen, a facility Catholic Hospital Association. And if any of you are keeping such a file on operated by the Sisters of St. Joseph. She at- Sister Patricia's education and professional the administration scandals, here is one piece tended nursing school at Holy NameÐalso run experienceÐcoupled with her religious vows I'd like to recommend for it. by the Sisters of St. JosephÐbecame a reg- and beliefsÐrepresent an invaluable ability to It is a recent editorial from the Washington istered nurse, and went on to earn her bach- understand both the ideal world and the real Times, which has done an outstanding job of elor's degree in nursing from Catholic Univer- world and narrow the gap between the two. I recording history as it happens. The editorial sity in Washington. She earned a master's de- wish her continued luck and success in her features 1 particular week in May 1995, which gree in health administration at St. Louis Uni- work and the Lord's. symbolizes the depth and magnitude of the versity and spent a year as a visiting fellow at f scandal and its ramifications for our national the Sloan School of Management at the Mas- and economic security. IN HONOR OF ST. STANISLAUS sachusetts Institute of Technology. I proudly place the editorial in today's CON- B. & M. PARISH Sister Patricia worked in Brooklyn, NY, as a GRESSIONAL RECORD, and strongly recommend home care nurse, directed an adult medical that you both read it and file it. day care program in Newark and was the ad- HON. CAROLYN B. MALONEY MR. HUANG’S BRIEFINGS ministrator of St. James Hospital from 1957 to OF NEW YORK It now develops that John Huang, the high- 1964. IN THE HOUSE OF REPRESENTATIVES The former nursing student returned to Holy ly controversial former Commerce official Name in 1964 and served the hospital in Thursday, May 1, 1997 and Democratic Party fund-raiser who has recently been asserting his Fifth Amend- many different capacities, including head Mrs. MALONEY of New York. Mr. Speaker, ment rights against self-incrimination, used nurse, supervisor, administrator and, finally, I rise today to pay a respectful tribute to St. his top secret security clearance far more president and CEO. Stanislaus B. & M. Parish on the 125th anni- often than Commerce officials previously ac- One of the highlights of Sister Patricia's first versary of its founding. St. Stanislaus has a knowledged. As The Washington Times’ tenure at Holy Name was the establishment of remarkable history that is closely interwoven Jerry Seper reported this week, Mr. Huang the Regional Dialysis Center, the largest such with the development of the lower east side of received well over 100 classified intelligence facility based at a community hospital in the Manhattan. briefings during his 18-month tenure at Com- State. At the time, Government assistance did The parish of St. Stanislaus was founded in merce, nearly triple the 37 briefings that had been earlier reported by department offi- not cover dialysis treatment and many patients 1872 to introduce its Polish immigrant parish- cials. died. True to the spirit of her Christian beliefs, ioners to New York society and culture and to At these briefings, Mr. Huang had access to Sister Patricia refused to charge dialysis pa- serve as a vital link to their homeland. Its his- ‘‘top secret’’ documents and classified infor- tients who could not afford to pay. tory of frequent relocations follows the pat- mation about China and Vietnam, where his Sister Patricia left Holy Name in 1969 to be- terns of many of the Polish residents and or- former employer has substantial business in- come provincial leader and eventually inter- ganizations of the lower east side. Since the terests. As previously reported by Mr. Seper, national president of the Sisters of St. Joseph. first parish did not have its own building, serv- five months before he left Lippo, from which In 1986, however, she returned as president ices were held at various churches throughout he received a nearly $1 million severance package, Mr. Huang obtained his security and CEO, launching a variety of programs New York. In 1875, the parish bought four clearance, which he could have used to gain supporting women and children. She estab- buildings surrounding 318 Henry Street; the access to classified intelligence documents. lished an adult medical day care program, a first mass was held there on December 18 of Mr. Huang retained a security clearance for program for pregnant women on Medicaid, that year. In 1878, the parish purchased an a year after he left Commerce. Lippo Group day care for mildly ill children whose parents existing church building at 45 Stanton Street. is a multi-billion-dollar Indonesia-based con- work, birthing centers, the Stella C. Van It was in the basement of this building that the glomerate whose associates have helped to Houten Women's Outpatient Center and a Ko- first Polish parish school in New York opened bankroll both of Bill Clinton’s presidential rean-language clinic. Over the years, she in 1885. campaigns and whose owners, the Riady fam- ily, have bragged about placing their man at oversaw $50 million in expansion, including The Polish immigrant community had grown Commerce. the addition of a one-story rehabilitation medi- so large by 1900 that the parish needed to ex- From the moment John Huang surfaced in cine building, a five-story addition, acquisition pand. On May 3, 1901, the first mass was of- October as a central player in the Demo- of state-of-the-art technology, and the Birth- fered in St. Stanislaus' new 7th Street build- cratic Party’s unfolding fund-raising scan- PlaceÐthe first hospital in northern New Jer- ing, its current home; the parish school, which dal, the Democratic party line had been that May 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E823 during his 18 months at Commerce he had no TRIBUTE TO PROFESSOR HENRY James went on to graduate from Central role in Asian policy. Indeed, the Clinton ad- A. SKINNER Michigan University. Upon completion of col- ministration initially asserted that the du- lege, he became a math and science teacher ties of the former principal deputy assistant ´ at Woodworth Junior High School. secretary of Commerce focused on adminis- HON. JOSE E. SERRANO He soon decided to follow his dream to be- trative and personnel matters. Assurances OF NEW YORK come a fighter pilot in the U.S. Air Force. were given that Mr. Huang recused himself IN THE HOUSE OF REPRESENTATIVES from any and all matters that could conceiv- James learned to fly F±4E Phantoms and left ably involve his former employer. Consider- Thursday, May 1, 1997 his beloved family to go defend his country in ing his background as a longtime Lippo exec- Mr. SERRANO. Mr. Speaker, I rise today to Vietnam. James was stationed at Ubon Royal utive, it was vitally important before the pay tribute to Prof. Henry A. Skinner, for his Thai Air Base, Thailand with the 433d Tactical presidential election to keep the lid on any dedication to education and his service to the Fighter Squadron. On July 12, 1972 Captain influence Mr. Huang may have exerted at community of the South Bronx. Huard and his weapons system officer, Cap- Commerce that could have benefitted Lippo tain Samuel O'Donnell, Jr., were reported or, worse, raised the specter of economic es- Skinner is a 1969 graduate of Bronx Com- pionage. munity College. He obtained a bachelor's de- missing when their F±4E Phantom dis- appeared from radar somewhere over North Lippo, after all, is a banking partner of the gree in education from the City College of the City University of New York, and a master's Vietnam. Communist Chinese government. By selling James' father passed away in 1991 without a 15 percent share in the Hong Kong Chinese degree from Columbia University. Bank four days after Mr. Clinton won the Professor Skinner has been teaching phys- knowing the fate of his son. Late last year the 1992 election, Lippo joined forces with China ical education during the past 25 years at his U.S. Government was finally able to identify Resources Company Ltd., which Communist alma mater, Bronx Community College, in the Captain Huard's remains from a group of 38, China’s Ministry of Foreign Trade uses in its Department of Health, Physical Education and believed to be those of U.S. servicemen, that trade and foreign investment operations. The Wellness. the Vietnamese Government returned in 1988. next year China Resources raised its stake to Prior to his teaching position, Mr. Skinner Captain Huard's remains were returned to his 50 percent, paying such a premium above net family on January 29 during a ceremony in asset value that Mochtar Riady, chairman of worked for the New York City Department of Parks and Recreation, first as a supervisor, California. Lippo Group, earned a $165 million profit. As the city's only MIA from the Vietnam According to ‘‘Chinese Intelligence Oper- and later as the Bronx County Coordinator of ations,’’ a book written by Nicolas Life Guard Personnel, Pool and Beach facili- War, the citizens of Dearborn have striven to Eftimiades, who serves as an analyst for the ties. keep the memory of James Huard alive for 25 Defense Intelligence Agency, a military case As President Clinton said earlier this week, years. The Vietnam Veterans of America officer from Guangzhou traditionally serves ``citizen service is neighbor helping neighbor. Chapter 267, Dearborn, MI is named after as a vice president of China Resources Com- It's part-time volunteers and full-time commu- him. An oak tree was dedicated in his honor pany, where he ‘‘coordinates the collection in April 1973, which stands in front of Joshua activities of other intelligence personnel.’’ nity service workers. It's communities coming together to solve common problems. And it is Howard Elementary School. The James Huard Imagine how such details would have been an essential part of what it means to be an Drive was dedicated in the fall of 1986. Fi- received in November had voters known then nally, a monument in his honor was erected what was revealed this week. During one American.'' Professor Skinner exemplifies that spirit, both in words of encouragement and in by the citizens of Dearborn, in front of Dear- nine-day period in May 1995, according to in- born High School, where today there will be a formation gathered by House Rules Commit- action. tee Chairman Gerald Solomon: Professor Skinner continuously volunteers service to coincide with the Arlington service. his time to present workshops in high schools, Seldom has one person engendered such an On May 4, 1995, four hours after an aide de- immense outpouring of emotion from a com- livered to Mr. Huang a document classified hospitals, and religious institutions. He gives as ‘‘secret,’’ Mr. Huang engaged in a 10- seminars on self-development, stress manage- munity. minute telephone conversation with Lippo’s ment, career opportunities, eastern philoso- Today my heartfelt wishes go out to James' Los Angeles office. phy, and on holistic health care. familyÐhis mother, wife, three sons, brother, and sisterÐwho have had to endure the pain On May 9, following a scheduled morning In addition, since its inception 19 years ago, meeting at Commerce to discuss the status Skinner has coordinated the Bronx Community of not knowing their loved one's fate for 25 of a multibillion-dollar power plant in Tai- College Hall of Fame 10K race, a healthy years. Today James Huard, American patriot wan, Mr. Huang called Lippo twice. competition which brings together runners of and hero, is home and at peace. The next day Mr. Huang again telephoned all ages from the five boroughs of New York f Lippo’s Los Angeles office after receiving City. He is also the president of unity and TRIBUTE TO THE HILLSIDE, NJ, ‘‘secret’’ documents. That night, according strength, the organization of minority faculty, URBAN ENTERPRISE ZONE PRO- to his calendar, Mr. Huang met with China’s staff, and administrators of Bronx Community ambassador. GRAM College. On May 12, Mr. Huang called Lippo in Los In 1994, he was honored with the distin- HON. DONALD M. PAYNE Angeles once again, this time after a sched- guished Service Award from the Bronx Com- uled briefing by the Commerce Department’s OF NEW JERSEY intelligence officer. munity College Foundation. And today, Mr. IN THE HOUSE OF REPRESENTATIVES Speaker, it is an honor and a privilege for me Altogether, Mr. Huang called Lippo more to ask my colleagues to join me in recognizing Thursday, May 1, 1997 than 70 times from his Commerce office. He Mr. PAYNE. Mr. Speaker, I would like my received at least nine calls from the Chinese Prof. Henry A. Skinner for keeping the spirit of embassy, met with Chinese government offi- volunteering well and alive and for giving so colleagues here in the U.S. House of Rep- cials at least three times and attended much back to the community. resentatives to join me in applauding a pro- breakfast at the Chinese embassy once. f gram that has been extremely successful in my district. During its first year of implementa- In addition to participating in more than CAPTAIN JAMES LINTON HUARD 100 classified briefings over an 18-month pe- tion, the success of the Hillside, NJ Urban En- riod, Mr. Huang somehow managed to visit terprise Zone [UEZ] has exceeded the pre- the White House nearly 80 times, including HON. JOHN D. DINGELL dictions of even its most ardent supporters. one visit attended by the president, presi- OF MICHIGAN The Hillside Urban Enterprise Zone Program dential fixer Bruce Lindsey, Lippo scion IN THE HOUSE OF REPRESENTATIVES has expanded Hillside's economic base by James Riady and Lippo Joint Venture part- giving incentives for businesses to expand or ner and former Rose Law Firm partner Jo- Thursday, May 1, 1997. relocate their operations. With this expansion seph Giroir in which it was decided that Mr. Mr. DINGELL. Mr. Speaker, I rise today to and relocation comes the creation of new jobs Huang would leave Commerce to become vice chairman of finance for the DNC. recognize U.S. Air Force Captain James and increased revenue for infrastructure im- Huard, who today was laid to rest in Arlington provements all without tax increases. Clearly, in its zeal to keep a lid on the ex- National Cemetery, 25 years after his death. Through this program, approximately 107 ploding fund-raising scandal until after the the elections last year, the administration Captain Huard was born on March 17, 1946 businesses have been recruited to be mem- lied through its collective teeth about Mr. in Dearborn, MI. James was a 1964 graduate bers of the Hillside UEZ. A direct result has Huang’s role as a Commerce official and the of Dearborn High School, where he partici- been investment commitments totaling over $9 nature of the contributions he raised for the pated in basketball, choir, operettas, and million to be allocated for renovations, expan- DNC. track. He was also very active in his church. sion, and new equipment purchases. Another E824 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 1997 positive byproduct has been the creation of there with her, which I’m told is unheard votion to his family comes across in con- over 150 new full-time jobs. of,’’ Quigley says. ‘‘Almost from the begin- versation. ‘‘I’m jealous when I leave in the Furthermore, participating businesses also ning, she was leaving phone messages for me morning to go to the office.’’ benefit by paying no sales tax on most tan- starting at 5:30 in the morning.’’ TAUGHT POVERTY LAW Carson, 58, whose 10th Congressional Dis- Quigley didn’t go directly from his home to gible personal property and services and re- trict includes much of Marion County, ar- the Carson campaign. In between was a stint ceiving credit against corporate business tax. rived on Capitol Hill in early March. at the Indiana University School of Law-In- In addition, qualified retail businesses may col- Quigley remains in Indianapolis, oversee- dianapolis. He taught a clinic on poverty ing five staff members here and five in Wash- lect sales tax at half rateÐ3 percent on most law, overseeing students as they helped ington. taxable sales of tangible property. Hillside needy clients; Quigley is on a leave of ab- A congressional chief of staff based in a UEZ has been so successful that it has helped sence to serve as Carson’s chief of staff. politician’s hometown rather than in Wash- to attract at least nine new businesses into When Carson announced her candidacy last ington is unusual. Quigley, who travels to year, Quigley signed on as a volunteer. That Hillside since its inception. the nation’s capital about once a month, led to the job offer after Carson defeated Re- Programs like the Hillside UEZ help areas to says Carson preferred the arrangement as a publican Virginia Blankenbaker last Novem- raise their own infrastructure funds and hence grass-roots way to deal with constituents. ber. do not rely solely on Federal dollars. This (U.S. Rep. Lee Hamilton’s chiefs of staff usu- ‘‘I never would have predicted Fran would project has accumulated over $500,000 ally have lived in Indiana.) be in politics,’’ his mother says. ‘‘One of his ‘‘Julia has a great find in Fran,’’ says through the collection of the 3 percent sales attributes—and I do think it’s an attribute Richard Waples, an Indianapolis attorney. tax, and at least 90 percent of these funds will with Fran—is that he’s very frank. He never ‘‘He’s an intelligent, caring person with a be utilized for infrastructure and program im- says anything he doesn’t believe. Many peo- great, big heart.’’ provements within the designated UEZ area. Waples, then a lawyer for the Indiana Civil ple in politics say what the listener wants to Mr. Speaker, I am proud to bring this project Liberties Union, teamed with Quigley, a pub- hear.’’ Cause-oriented as ever, Quigley says he from my district to the attention to the House, lic defender, to bring the class-action law- and Carson have been talking about possible and I am sure that my colleagues will join me suit against the Center Township trustee in ‘‘community outreach’’ efforts for the office. in applauding the accomplishments of the Hill- the late 1980s. They hope to establish ‘‘office’’ hours at li- side Urban Enterprise Zone. BATTLED TO GET SERVICES braries and community centers to be more f They sought a major expansion of the accessible to the elderly, veterans and oth- trustee’s services to the homeless and won a ers. PROFILE OF FRAN QUIGLEY blockbuster court ruling against then-Trust- ‘‘She’s very driven, and she’s not in office ee Bill Smith. Then, as Quigley tells it, the by accident,’’ he says of Carson. ‘‘She’s the HON. LEE H. HAMILTON lawyers battled daily to get the services pro- smartest ‘people person’ I’ve ever known. OF INDIANA vided to their clients. In the midst of the Ms. Carson can meet someone and ‘read’ conflicts, Carson was elected trustee in 1990. IN THE HOUSE OF REPRESENTATIVES them instantly—correctly.’’ That set up Quigley’s first encounter with Thursday May 1, 1997 his future boss, a meeting he assumed would f Mr. HAMILTON. Mr. Speaker, I am inserting be adversarial. EXCESS DEFENSE SPENDING DIS- ‘‘It was anything but,’’ he says. ‘‘Ms. Car- the attached article from the Indianapolis son told me, ‘Look, I’ve got a $17 million TORTS BUDGET BALANCING News into the CONGRESSIONAL RECORD. debt to deal with in this office. I don’t want PROCESS [From the Indianapolis News, Apr. 24, 1997] to have to pay a lot of lawyers. If your cli- FROM THE OUTSIDE IN ents have problems, come directly to me.’ HON. BARNEY FRANK ‘‘Then she backed up what she said.’’ (By Nelson Price) Quigley’s efforts on behalf of the homeless OF MASSACHUSETTS Just about any way you look at it, he’s an are par for the course in his family. He grew IN THE HOUSE OF REPRESENTATIVES unusual chief of staff for a member of the up as the eighth of nine children in a house- Thursday, May 1, 1997 U.S. Congress. hold known for community involvement. Fran Quigley lives in Indianapolis, not Mr. FRANK of Massachusetts. Mr. Speaker, A FAMILY OF VOLUNTEERS Washington, D.C. as budget negotiations go forward, it is clear He’s a young, white man who works for an His father, Bill Quigley, has volunteered extensively for the Cathedral Food Kitchen, that the insistence on the part of many in both African-American woman, the first elected Congress and the executive branch on main- to the House of Representatives from Indian- the Catholic Youth Organization and the St. apolis. Vincent de Paul Society; Bill Quigley re- taining a military budget far beyond what is He was a stay-home dad for two or three ceived The Indianapolis Star’s Jefferson genuinely needed for American security threat- years. Award in 1989 for his charitable activities. ens severe social hardship within the United Before that his most spectacular case as an Fran’s mother, also named Fran, is a re- States, and elsewhere in the world. The price attorney involved a class-action lawsuit tired physical therapist. She is active in a of exempting the Pentagon from the budget against the Center Township trustee’s office. Catholic group that promotes peace and has discipline that is necessary to reach a bal- Ironically, Quigley, 34, met U.S. Rep. Julia volunteered for many of the same organiza- M. Carson, a Democrat, when she was elected tions as her husband as well as Christ the anced budget in the year 2002 is devastating to the office he was suing on behalf of the King Catholic Church. cuts in the whole range of civilian programsÐ city’s homeless. ‘‘I don’t think we ever preached commu- from health care and environmental protection And Quigley, who comes from a large nity involvement, at least in terms of verbal- within the United States through aid for local Catholic family long involved in social work izing it,’’ Mrs. Quigley says. ‘‘We just always law enforcement in our communities onto eco- and social-justice issues, is a lifelong politi- tried to help our community and church. nomic assistance to fight poverty disease and cal outsider and advocate for the Frankly, we’ve learned as much about what nuclear proliferation overseas. the world needs from Fran and our other disenfranchised. The New York Times editorial on April 30 Yet here he is in a fourth-floor office children as they have from us.’’ Downtown, serving as the top staffer for a The younger Fran says his influences in- addresses this issue in a forceful, lucid and politician. clude his older brothers Bill Jr., a lawyer in- persuasive fashion. I am inserting this editorial ‘‘I’ve always been on the outside,’’ Quigley volved in social causes in New Orleans, and here: says. ‘‘I’m sure I’ll go back to being on the Tim, who headed up the Indianapolis Peace [From the New York Times, Apr. 30, 1997] outside. This is an exception because Ms. and Justice Center before moving to Kansas Carson is an exception, a politician who per- a few years ago. A CHANCE TO SHRINK THE PENTAGON sonifies social-justice issues and who lifted Tim Quigley also was a stay-home dad for With foreign military threats receding and herself out of poverty, racism and sexism.’’ a while. So was one of Fran’s brothers-in- pressure to balance the budget building, the His move from the outside ‘‘in’’ was bap- law. With them as role models, the decision Clinton Administration and Congress have a tism by fire. During Quigley’s first day on to stay home after his son was born seemed rare opportunity to reduce Pentagon spend- the job, Jan. 3, Carson underwent open-heart natural, Quigley says. ing to more reasonable levels. Maintaining surgery in Methodist Hospital. ‘‘It was the hardest job I ever had,’’ he re- American military superiority is vital, but it The crisis came just four days before she calls, ‘‘but also the best.’’ does not require an annual Pentagon budget was supposed to take the oath of office. But Now, his wife, Ellen White Quigley, cares of $250 billion. Quigley, a brown-haired, preppy-looking for the couple’s two children while working Making reductions must begin with rec- man, stresses that he never was a de facto part-time as an attorney. Their children are ognition that cold-war benchmarks are mis- congressman. Sam, 5, and Kate, 3. leading. Arguing that a 1998 Pentagon budget ‘‘Ms. Carson was in intensive care, but ‘‘Ellen and the kids have a ‘stay-at-home’ of $250 billion is dangerously diminished be- somehow managed to finagle a phone in fun day each week,’’ says Quigley, whose de- cause it falls 40 percent below the 1985 level May 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E825 is tomfoolery. It dodges the essential point in the report is the simple reminder that paying order to send these criminal illegal aliens back that most defense spending from 1947 to 1992 for a college education is one of the most over the border for good. In addition, because was devoted to dealing with the Soviet costly investments facing American families those who committed crimes are more likely to Union and its allies, a threat that no longer break the law again, this bill will pick up those exists. today. Politicians should also recognize that Pen- Certainly, students and parents are well who slipped through the cracks of the Citizen- tagon spending is a significant force only in aware of this simple fact. At the field hearings ship USA Program. It is my hope that the INS communities with large defense manufactur- held by the Subcommittee on Postsecondary will now correct the wrongs they have commit- ers or military bases. Pentagon spending is Education, Training, and Life-Long Learning ted against law-abiding U.S. citizens. The INS not the flywheel of prosperity in a $7 trillion chaired by Representative MCKEON, one con- must take appropriate action to deport those national economy. sistent theme from students and parents is the who are found to have submitted falsified doc- Certainly, the United States cannot be reality that paying for college is a huge finan- uments to gain U.S. citizenship. It is the right complacent about its security. Iraq remains cial burden, and for some, it is simply out of thing to do for the safety of our children and a threat to American interests in the Per- the security of our neighborhoods. We must sian Gulf region. North Korea, strained by reach. famine and heavily armed, could seek relief Recent reports indicate that colleges have rid our streets of these criminal aliens. by renewing hostilities on the Korean Penin- begun moderating their tuition increases and I f sula. China aims to be a military power in am encouraged that the current rate of in- INTRODUCTION OF THE COST OF the decades ahead. Terrorism is a constant crease in tuition and fees is a vast improve- HIGHER EDUCATION REVIEW ACT danger, and the need to send American ment over prior years. I am also encouraged OF 1997 troops abroad in peacekeeping roles is likely by the individual efforts of some college presi- to grow. But no current or near-term peril dents who are restructuring their campuses in comes anywhere close to the former Soviet order to become more efficient and less cost- HON. HOWARD P. ‘‘BUCK’’ McKEON threat. OF CALIFORNIA The Pentagon is examining military re- ly, and sharing resources in order to control IN THE HOUSE OF REPRESENTATIVES quirements as part of its Quadrennial De- costs. But I think more can be done. Annual fense Review, but do not expect much cre- tuition increases of 5 to 6 percent continue to Thursday, May 1, 1997 ative thinking from this exercise. The gen- exceed the CPI rate of inflation and I think stu- Mr. MCKEON. Mr. Speaker, I rise today to erals should be redesigning the American dents, families, and taxpayers deserve to see introduce the Cost of Higher Education Re- military to meet the threats of a new era, an a greater effort on the part of colleges to re- view Act of 1997. exercise that might well slash budgets and duce those tuition increases. In today's technology and information based discard the principle that America be able to fight two regional wars simultaneously. The Commission established by this bill will economy, getting a high quality postsecondary That principle has justified an Army of review the cost controlling practices currently education is more important than ever. For 495,000 active-duty troops and a Navy with 12 employed on some college campuses, as well many Americans, it is the key to the American aircraft carriers, just one less than the cold- as the underlying factors which impact tuition dream. As Chairman of the Subcommittee with war fleet. Scaling back to a more realistic prices. Their analysis and recommendations jurisdiction over Federal higher education pol- one-war doctrine, plus sufficient air power to for actions on the part of colleges, the admin- icy, I am responsible for the programs which pin down an enemy elsewhere, would save $10 istration, and the Congress will be vital to our provide Federal help in getting this education. billion to $20 billion a year, even with more goal of keeping college affordable for all However, my interest in higher education goes spending on stealth aircraft. Closing and consolidating bases and other support oper- Americans. well beyond the role I play as Chairman. I am ations would produce additional savings. I strongly urge my colleagues to join in sup- a parent and a grandparent. I know students Instead of looking seriously at these op- port of this legislation. who are pursuing or will pursue a postsecond- tions, the generals are trying to determine f ary education. I have constituents, students how little they can cut within the Adminis- and parents, who are worried about their abil- tration’s five-year budget plan for the Penta- CITIZENSHIP USA ity to afford a college education. gon. Under that plan, the budget would grow Historically, the cost of getting a post- steadily, reaching $278 billion in 2002. It in- HON. RON PACKARD secondary education has increased at a rate cludes a whopping 40 percent increase in OF CALIFORNIA slightly above the cost of living. However, a spending for new weapons. It would be interesting to see where plan- IN THE HOUSE OF REPRESENTATIVES recent GAO report tells us that over the last ning would lead if it were not governed by Thursday, May 1, 1997 15 years the price of attending a 4-year public the Clinton Administration’s escalating Pen- college has increased 234 percent, while the tagon budgets and the military’s exagger- Mr. PACKARD. Mr. Speaker, the Immigra- median household income has risen by only ated threat assessments. It is not unreason- tion and Naturalization Service [INS] has test- 82 percent, and the CPI only 74 percent. A re- able to believe that American security can ed me time and again. Today, my patience cent survey of college freshmen found that be adequately protected for considerably less has run out. My district in southern California concern over college affordability is at a 30- than $240 billion a year. has one of the largest concentrations of illegal year high. Parents and students across the f aliens. INS claims to be working to remedy country are understandably worried about the this problem. They are failing miserably. rising cost of a college education. In order to INTRODUCTION OF THE COST OF This morning, I learned that the Citizenship control the cost of obtaining a college edu- HIGHER EDUCATION REVIEW ACT USA Program, which is run by the INS, has cation, parents, students, and policy makers OF 1997 failed to properly screen nearly 180,000 must work together with colleges and univer- aliens. These aliens were hastily naturalized sities to slow tuition inflation, or for many HON. WILLIAM F. GOODLING without adequate background checks. Many Americans, college will become unaffordable. OF PENNSYLVANIA more submitted the fingerprints of another per- This is not to say that there are not afford- IN THE HOUSE OF REPRESENTATIVES son to avoid triggering a hit by the FBI. How able schools. There are still some affordable many criminals has the INS allowed to be- Thursday, May 1, 1997 schools and there are college presidents who come U.S. citizens? How many criminal aliens are committed to keeping costs low. There are Mr. GOODLING. Mr. Speaker, I rise today in are lurking in our neighborhoods and preying schools that are trying very innovative things support of the Cost of Higher Education Re- on our children? to reduce tuition prices. view Act of 1997. Representative MCKEON and Mr. Speaker, yesterday I helped introduce However, the trend in college pricing is truly a bipartisan group of Members of this body legislation drafted by my colleague ELTON alarming. This trend is especially alarming in have introduced this bill because we all share GALLEGLY.This bill would expand a pilot pro- that it only seems to apply to higher edu- a common goalÐwe want college to be afford- gram currently operating in Anaheim and Ven- cation. There are many endeavors and many able for students and families across the tura County, CA, which requires a 24-hour businesses that must keep pace with changing country. presence of INS agents at local jails in 100 technologies and Federal regulations. How- The current crisis in college affordability has counties with the highest concentration of ille- ever, in order to stay affordable to their cus- been documented in various newsstories, as gal aliens. tomers and stay competitive in the market, well as by the General Accounting Office in its Currently, our local law enforcement officials they manage to hold cost increases to a rea- report titled, ``Tuition Increasing Faster Than do not have the power to deport these criminal sonable level. Household Income and Public Colleges' illegal aliens. This bill will place the proper au- The legislation I am introducing today will Costs.'' Among the facts and figures contained thorities in the hands of our communities in establish a commission on the cost of higher E826 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 1997 education. This commission will have a very people across the country face fear and un- rent program will be between $17 and $20 bil- short life-span. Over a 4 month period, the certainty as their section 8 contracts begin to lion annually: a cost equal to HUD's entire cur- commission will study the reasons why tuitions expire. rent budget. Faced with this reality, we have have risen so quickly and dramatically, and re- I look forward to working with my colleagues relied for 2 years on Band-aids of demonstra- port on what schools, the administration, and on both sides of the aisle to guarantee our citi- tion programs and 1-year appropriations. the Congress can do to stabilize or reduce tui- zens access to affordable housing. While I congratulate and respect the work tions. f and creativity of my colleagues in the House There is a great deal of conflicting informa- tion floating around the country with respect to INTRODUCTION OF THE MULTI- and Senate who have faced this issue, I be- college costs. This commission will be com- FAMILY HOUSING REFORM AND lieve the time for temporary fixes has ended. prised of seven individuals with experience AFFORDABILITY ACT We must act to define and enact responsible and expertise in business and business cost legislation of a permanent nature. We owe reduction programs, economics, and education HON. JAMES P. MORAN that to the residents of this housing, to the re- administration. Their job will be to analyze this OF VIRGINIA sponsible owners and managers who care for information and give us a true picture of why IN THE HOUSE OF REPRESENTATIVES it, to the financial institutions that have a stake in its financial future and to the American pub- costs continue to outpace inflation and what Thursday, May 1, 1997 can be done to stop this trend. lic who have invested hard-earned tax dollars Members of the commission will be ap- Mr. MORAN. Mr. Speaker, today, I along to support its development and preservation pointed by the House and Senate leadership with my colleague DEBORAH PRYCE, are intro- since the mid-1970's. ducing legislation to address HUD's mark-to- and the Secretary of Education. The commis- The proposal we are introducing today sion will have 4 months to perform its duties. market approach and portfolio restructuring of section 8 housing. For the past 2 years, Con- builds on a proposal introduced late last ses- The commission will then sunset within 2 sion by Senator CONNIE MACK. The principle months of finishing its job. The cost for this gress has been faced with the question of how to address the pending expiration of section 8 focus of both our bills is to reduce the cost of commission will not exceed $650,000. the section 8 program and provide the cer- Mr. Speaker, this year we will be reauthoriz- contracts on some 800,000 units of affordable tainty of continued housing assistance for ing the Higher Education Act, which will pro- housing nationwide. During this fiscal year and those in need. This legislation provides a way vide $35 billion this year alone in Federal stu- with greater frequency into the next century, to address this matter responsibly. Our reform dent financial aid. As we go through this proc- affordable rental housing units assisted under ess, our goals will be to: the section 8 program are at risk. proposal reins in exorbitant rental contracts Make higher education more affordable; Properties assisted under the section 8 pro- that can reach 180 percent of the fair market Simplify the student aid system; and Stress gram and the many thousands of families, rent. Existing debts on all FHA-insured prop- academic quality. seniors, and disabled who live in section 8 erties are restructured to lower operating and In order to update and improve the Higher housing, are hurt by uncertainty about the fu- maintenance costs, and bring Federal rent Education Act in a way that truly helps parents ture. They are all at risk because this program subsidies down to local market levels. In re- and students, a thorough understanding of tui- must be reformed in order to survive. From a turn, owners of multifamily housing must agree tion trends will be essential. The legislation I'm cost standpoint, program accountability and to maintain the property for low-income ten- introducing today will give us that information, program administration by HUD, section 8 has ants for at least another 20 years. become a convenient political scapegoat. and shed light on a topic which is of the ut- Owners who wish to renew their section 8 We must acknowledge that there is some most concern to our constituents. I urge my contracts without going through the restructur- colleagues to join me in this effort, and to co- truth in the criticisms made about this pro- gram. I have joined with my colleagues in ing process can do so as long as the current sponsor this important legislation. rents do not exceed 120 percent of the fair f questioning the long-term cost-effectiveness of maintaining the current HUD section 8 pro- market rent. In light of HUD's diminishing ad- THE MULTIFAMILY HOUSING RE- gram. I am concerned when I read public ac- ministrative capacity and budget reductions, FORM AND AFFORDABILITY ACT counts that document the fact that rents on the responsibility for restructuring can be as- OF 1997 section 8 assisted rental housing units are far sumed by State housing finance agencies or above what could reasonably be considered State-qualified local agencies. Residents HON. DEBORAH PRYCE market rates. I am concerned when this Gov- should be given opportunities to comment and participate in the program. Negligent owners, OF OHIO ernment provides billions of dollars of rental who have materially violated their regulatory IN THE HOUSE OF REPRESENTATIVES subsidies only to be made painfully aware of the neglect, and in some cases, outright fraud agreements, would be barred from the new Thursday, May 1, 1997 committed by owners and managers of such program and encouraged to sell the property Mrs. PRYCE of Ohio. Mr. Speaker, today I assisted housing units. I am also concerned to resident groups, nonprofits, or other entities join my colleague from Virginia, Congressman when HUD representatives say they lack the willing to participate in the new program. I MORAN, to introduce the Multifamily Housing capacity to administer this program effectively. would also not rule out strengthening the Reform and Affordability Act of 1997. As a former mayor, I wonder who at the local bankruptcy laws to increase recovery from Since the 1970's, section 8 rental assist- level will be the first to step forward to take negligent owners and imposing tougher sanc- ance contracts have helped provide private, HUD's place. In an age when we have begun tions on owners who abuse the new program. low cost housing to low income residents. Un- to end welfare as we know it, I am also con- These reforms have a potential to save the fortunately, these contracts have begun to ex- cerned how we can justify the provision of program by preserving a large share of the ex- pire, and Congress must act now to ensure rental assistance to individuals who are al- isting units, reducing the number of potential that federally-assisted housing will be avail- lowed to hold on to such assistance for an in- evictions, lowering the risk to the FHA insur- able and affordable for our citizens with the definite period of time. At the same time, thou- ance fund and saving precious tax dollars. greatest need. sands wait years for a chance to receive as- The cost of renewing the section 8 contracts sistance that is in short supply. In closing I welcome the interest and sup- is skyrocketing; in fiscal year 1998 it will ex- These concerns have been discussed at port of all Members who believe, as I do, that ceed $11 billion, or over one third of HUD's length in Congress. The problems and con- this issue must be resolved promptly and re- entire budget. The legislation that we are intro- cerns we face in the long-term provision of af- sponsibly. I believe that the action taken here ducing brings section 8 spending under control fordable housing in this country are well docu- today is a step to encourage a more detailed while preserving this country's low income mented. A shrinking HUD budget and the cost discussion and thorough debate on an issue housing. This bill also sends the power to ad- of renewing section 8 at current rents are on we can no longer defer. I look forward to dress this problem back to where it belongsÐ a collision course destined to lead us to dras- working with my colleagues on the Banking to the States and local communities directly tic measures and hard choices. Within the Committee as well as the Appropriations Com- affected by low income housing. next 5 years, contracts on more than 2.7 mil- mittee, on which I serve, who will take the My own State of Ohio has the second high- lion units, more than 90 percent of the entire lead in reaching a fair and reasonable solu- est number of expiring section 8 contracts in section 8 low-income housing stock, will ex- tion. the Nation. Without reform of the program, pire. Estimates show that by the year 2002, thousands of Ohio residents and millions of the cost to renew all contracts under the cur- f May 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E827 GRACE REFORMED CHURCH with plans to build a new sanctuary at a new as Russia, who viewed it as a threat to their CELEBRATES 100TH ANNIVERSARY location. In 1963 the congregation approved domination of Poland. preliminary building plans for their new home. In 1792, domestic and foreign reactionaries HON. VERNON J. EHLERS In 1964, the church sold their building on ended the democratization of Poland. Polish OF MICHIGAN Caulfield Avenue and moved into a new facil- conservatives formed a confederation and ap- IN THE HOUSE OF REPRESENTATIVES ity on Burlingame Avenue. After selling their pealed to Russia to restore the status quo. previous place of worship to New Hope Bap- Thursday, May 1, 1997 Enlisting Prussia's support, Russia invaded tist Church, members of both churches held a Poland under the pretext of defending its an- Mr. EHLERS. Mr. Speaker, I rise today to joint worship service to celebrate a new begin- cient liberties. Stanislaw August capitulated. commemorate the 100th anniversary of Grace ning for both congregations. During the transi- France, Russia, and Prussia abrogated the Reformed Church in Wyoming, MI. The names tion period, church members attended worship Polish Constitution, carried out a second parti- and faces of pastors and the location of the services at Lee High School while the finishing tion of Poland in 1793 and placed the remain- church may have changed over the years, but touches were being put on their new home. der of the country under Russian occupation. the spiritual mission and commitment of Grace On April 26, worshippers celebrated their first Despite this defeat, the democratic ideals of Reformed Church have become stronger with Sunday in their new sanctuary and later held the Polish Constitution lived on in the citizens each year of existence. a week-long dedication ceremony to celebrate. who played a leading role in bringing an end The history of the church actually dates In 1965, the Reverend Dalman left the back 101 years to 1896 when members of the to communism in Eastern Europe. And they church for a new position in Wisconsin. He continue to live on in a democratic Poland, Second Reformed Church and the Fifth Re- was replaced in 1966 by the Rev. Harry formed Church met at Reelman's Hall to dis- borne of struggle. Brower who served until 1972. Rev. Mark De Although the Polish Constitution was never cuss combining their congregations. On Feb- Witt was installed as pastor in 1973 and re- ruary 18, 1897, the two churches formed implemented, it has gained an honored posi- mained until 1985. During Reverend De Witt's tion in the Polish political heritage. Poland Grace Reformed Church. Ten days later the service, the church dedicated a new pastor's congregation ordained and installed its first celebrates the anniversary of its passage as study, consistory room, and nursery. The the country's most important civic holiday. consistory, consisting of two elders and two church also enlarged its seating area for wor- deacons. The Rev. John Van De Erve served I'm proud to be of Polish descent and to ship services. Phase two of this improvement honor Polish Constitution Day. as the church's first pastor until 1901. During project was completed in 1990 and included his 4 year tenure, Reverend Van De Erve an elevator and a covered lower entrance. f oversaw the construction of a temporary facil- Rev. Louis H. Benes, Jr. was installed as ity to help ease the congestion problem pastor in 1986 and served for 10 years. On CELEBRATING 150 YEARS OF THE Reelman Hall was experiencing. In 1899, the September 29, 1996, the Rev. Richard HISTORIC PLYMOUTH CHURCH growing congregation began construction on a Veenstra was commissioned as interim pastor OF THE PILGRIMS new church that would be dedicated during a and remains in that position today. 2 day service in April 1900. As you can see, Mr. Speaker, Grace Re- Following the departure of Reverend Van formed Church has come a long way from its HON. EDOLPHUS TOWNS De Erve, the congregation experienced a humble beginning and has been an integral OF NEW YORK number of changes in the pulpit. In 1902, the part of the Wyoming community for a century. IN THE HOUSE OF REPRESENTATIVES Rev. J. H. Joldersma served as pastor for a 6 The contributions of this church, its tradition, Thursday, May 1, 1997 month period. He was replaced by the Rev. and commitment to God should serve as an P.P. Cheff from 1903 to 1905. After Reverend example for others to follow. As the members Mr. TOWNS. Mr. Speaker, today, it gives Cheff's departure, Rev. Peter Braak took over of this church celebrate this remarkable feat, I me great pleasure to participate in the cele- as pastor and oversaw the construction of a ask my colleagues to join me in congratulating bration of the 150th anniversary of the found- new parsonage that was built on the grounds them on this very special anniversary. ing of Plymouth Church of the Pilgrims which of the church so that pastors would no longer f will begin this weekend, May 2 to 4, 1997. have to live in nearby rented apartments. After Known as the ``Grand Central Depot'' of the STATEMENT FOR THE CONGRES- a 3 year assignment, Reverend Braak moved Underground Railroad, the Plymouth Church SIONAL RECORD IN CELEBRA- on and was replaced by the Rev. Lawrence was founded in 1847. Rev. Henry Ward Bee- TION OF POLISH CONSTITUTION Dykstra who served until 1912. cher was the first minister of the historic Plym- In 1912, the church began to move in a new DAY—MAY 3, 1997 outh Church of the Pilgrims and was consid- direction with the introduction of the Rev. C.H. ered to have been America's foremost clergy- Spaan who to this day has served the longest HON. GERALD D. KLECZKA man of the 19th century. Beecher understood tenure as pastor at the church. Reverend OF WISCONSIN the value of using the church as an instrument Spaan was a fixture at Grace Reformed for 26 IN THE HOUSE OF REPRESENTATIVES for social reform and he took his influence be- years until poor health forced him to give up Thursday, May 1, 1997 yond the pulpit and built Plymouth Church into his duties in 1938. During his ministry, church Mr. KLECZKA. Mr. Speaker, May 3 marks a national institution. As in 1849, major politi- members generously donated their time to the 206th anniversary of Europe's first written cal and social issues were challenged, espe- help with several major improvement projects constitution. cially equal rights for all America. Plymouth including the installation of a steam heating It may come as a surprise to some that this Church is in fact famous for having bought the plant and the expansion of the auditorium's constitution was produced in Poland. Scholars freedom of a young slave girl, ``Pinky,'' who seating capacity. In addition, the church also tell us the document was conceived in the once freed, became highly educated and re- built a new basement and added a new kitch- spirit of the U.S. Constitution, which preceded turned to the church as an adult to thank them en for church social events. it by just 4 years. It established the radical for her freedom. In keeping with the long tradi- After the retirement of Reverend Spaan, the principle that the power to govern emanates tion of the church, Plymouth continues to pro- church welcomed the Rev. Theodore Schaap from the people. vide a wide array of services to the needy and who served from 1938 to 1945. In October of The Polish Constitution was signed in 1791, less fortunate. 1945, the church welcomed the Rev. Henry C. after 3 years of intense debate. It was the The landmark 1849 church building, which Van Deelen to the congregation. During Rev- product of King Stanislaw August's renovation was designed to seat 2,050, was built to ac- erend Van Deelen's pastorship, plans were of the country. It recast Poland-Lithuania as a commodate the overflow crowds who came to made to establish a building fund for future ex- hereditary monarchy and abolished many of hear Beecher's legendary sermons. Other pansion and remodeling projects and a cele- the eccentric and antiquated features of the noted leaders who spoke from the pulpit in- bration committee was established to prepare old system. It ended the individual veto in Par- clude, Frederick Douglass, Martin Luther King, for the church's 50th anniversary in 1947. liament and provided a separation of powers Jr., and Mark Twain. It is the only church ever In 1949, the Rev. Abraham Rynbrandt was among the legislative, executive, and judicial visited by President Abraham Lincoln in New installed as pastor and served until 1953. He branches of government. It established an York City. was replaced by the Rev. James Schut in elected judiciary, trial by jury, the concept of Mr. Speaker, I ask that you join me and our 1954 who remained with the church until habeas corpus, and freedom of religion. colleagues in recognizing the historic contribu- 1959. The Rev. Rodger H. Dalman began All this was done without bloodshed. tions of the Plymouth Church of the Pilgrims service in 1959 and stayed with the church Nevertheless, the nobility saw the new con- for the last 150 years. until 1965. During the early 1960's the church, stitution as a challenge to their stature. Its under Dalman's leadership, moved forward passage also alarmed autocratic states such f E828 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 1997 PROMOTE FREEDOM AND and operations officer. He developed career Millennium Society has been raising funds to DEMOCRACY IN VIETNAM management models for reserve officers permanently endow the Millennium Scholars where none had existed in the past. His in- Program. This program is an international HON. LORETTA SANCHEZ tense work with personnel matters provided in- scholarship program that prepares young lead- OF CALIFORNIA novative and comprehensive solutions to indi- ers from around the world by furthering their IN THE HOUSE OF REPRESENTATIVES vidual soldier professional development. education, leadership abilities, cultural under- In 1984, Colonel Schindelholz served as a standing, and dedication to freedom and Thursday, May 1, 1997 Fifth Army retention officer. He developed a peace. The Millennium Society is the longest Ms. SANCHEZ. Mr. Speaker, I rise today to retention program that was approved by standing organization formed solely to com- urge my colleagues on the International Rela- FORSCOM and adopted as an Army-wide re- memorate this historical event and has re- tions Committee to support the passage of tention model for use by the Active and Re- ceived the endorsements of a number of im- H.R. 1253, the Foreign Relations Authorization serve components. portant and influential political leaders includ- Act and in particular section 217. From 1987 to 1990, he served as the gen- ing President Clinton, Gen. Colin Powell, and This provision calls upon the administration eral officer manager for the Chief, Army Re- former Presidents Carter, Reagan, and Bush. to ensure that expanded trade relations with serve. During this assignment, he imple- Title I of the bill recognizes the Millennium Vietnam will promote, and not hinder, Viet- mented a program for centralized manage- Society as the official organization of the Unit- nam's progress toward democracy. ment of Reserve general officers that is still ed States to coordinate activities in the United As the Representative of the largest Viet- the current management system. States and around the world to celebrate the namese-American community in the United Colonel Schindelholz spent his final 7 years new millennium in a manner which encour- States, I am very concerned about the current of active duty working as a congressional liai- ages international peace, freedom, and under- situation in Vietnam. son officer for Headquarters, Department of standing. The U.S. State Department 1996 Report on the Army and as chief of the Office of Policy Title II of the bill would authorize a sense of Vietnam shows that the government continues and Liaison for the Chief, Army Reserve. His the Congress that the U.S. Postal Service to grossly violate human rights by incarcerat- accomplishments in these assignments were should cooperate with the Secretary of the ing prisoners of conscience. invaluable to the development of an effective Treasury and the society to issue a postage While I believe in the Government of Viet- Reserve liaison team. He was responsible for stamp commemorating the end of the second nam's sovereign rights, we cannot ignore developing a new structure for the Office of millennium and the advent of the third millen- these offenses. Policy and Liaison that has been instrumental nium. Currently, thousands of religious leaders in addressing critical Army Reserve issues Mr. Speaker, I urge all of my colleagues to and political dissidents remain in harsh prison with Congress. He has culminated his out- join me in passing this legislation. By support- labor camps. standing career in the Office of Policy and Li- ing this legislation, this Congress has the op- As a symbol and promoter of freedom and aison by his knowledge and professionalism in portunity to leave a legacy of learning for the democracy, the United States can influence dealing with staff members of the Senate and leaders of tomorrowÐat no net cost to the and direct Vietnam toward a more democratic House. Colonel Schindelholz' leadership was Government. form of government where basic human and especially critical during a time when the role f civil rights are respected. of the Army Reserve has expanded to a global I urge you to put the pressure on Vietnam presence with many new missions including TRIBUTE TO HELEN BRADBURY to respect human and civil rights by supporting our current presence in Bosnia. He also at- WRIGHT this bill. tacked the issue of downsizing and how it f would impact the Army Reserve. His ability to HON. SCOTT McINNIS convey the Army Reserve story to Members of OF COLORADO RETIREMENT OF COLONEL JOSEPH Congress and their staff was invaluable to the IN THE HOUSE OF REPRESENTATIVES F. SCHINDELHOLZ MARCH 31, 1997 continued vital role the Army Reserve plays in Thursday, May 1, 1997 America's Army. He was also very adept at HON. JOHN P. MURTHA developing his subordinates so that the office Mr. McINNIS. Mr. Speaker, Helen Bradbury OF PENNSYLVANIA had program officers with a wide range of ex- Wright dedicated much of her 78 years to edu- IN THE HOUSE OF REPRESENTATIVES perience and could also represent the Army cating the Grand Valley's students. For 35 years Mrs. Wright schooled students Thursday, May 1, 1997 Reserve in a professional manner. Colonel Schindelholz is a model of leadership, dedica- in the three R's. Throughout her career she Mr. MURTHA. Mr. Speaker, I'd like to take tion to duty, selfless service, and loyalty in taught every grade, starting with eight stu- this opportunity to note the retirement of Joe keeping with the highest traditions of military dents in a on-room shanty and finishing as the Schindelholz, who has worked for a number of service and his efforts reflect great credit upon kindergarten teacher at Columbus Elementary years as a congressional liaison for the Army himself and the U.S. Army Reserve. School. and Army Reserves. Colonel Schindelholz did f Upon retiring, Mrs. Wright served on the an excellent job and I very much enjoyed District 51 School Board for 10 years. working with him. He is a very knowledgeable, INTRODUCTORY STATEMENT ON But becoming an educator had not always capable, and professional officer and a credit THE MILLENNIUM SOCIETY ACT been Mrs. Wright's aspiration. While in grade to the Army. I know all my colleagues join me OF 1997 school, she wanted to become a secretary. in wishing him health and happiness in his However here instructor said, ''No, Helen, you well-earned retirement. HON. THOMAS M. DAVIS don't spell well enough to be a secretary. You Col. Joseph F. Schindelholz distinguished OF VIRGINIA are better suited to become a teacher.`` himself by continuous meritorious performance IN THE HOUSE OF REPRESENTATIVES Mrs. Wright left her Kannah Creek home to during 22 years of active Federal service in live in Grand Junction and attend Grand Junc- the U.S. Army and Army Reserve. Thursday, May 1, 1997 tion High School, Mrs. Wright graduated in From 1971 to 1974, while assigned as exec- Mr. DAVIS of Virginia. Mr. Speaker, I rise 1934. That summer she earned tuition money utive officer 4th Armor Battalion, he distin- today to introduce the Millennium Society Act as a housekeeper, errand girl, and yardkeeper guished himself by identifying key training and of 1997. In less than 3 years the citizens of for a family in town. readiness requirements needs of his soldiers. the United States and the world will be count- In the fall of 1934, she enrolled in Grand In March 1974, Colonel Schindelholz began ing down to perhaps the most anticipated Junction Junior College. While there, Mrs. his Army Reserve career assigned to the event in a thousand years, the new millen- Wright showed the tenacity necessary to 274th Training Regiment as a training officer, nium. achieve the title so many said suited herÐ retention officer, and company commander. The Millennium Society is a 501(c)(3) chari- teacher. He served with distinction in all positions as a table corporation founded in 1979 with a mem- She worked for her room and board, at- drilling reservists for over 6 years. bership spanning six continents. It is a non- tended classes at GJJC and graded papers In 1981, he entered the Active Guard/Re- profit, non-governmental, and non-political or- for her tuition money. The National Youth Ad- serve [AGR] program and was assigned to the ganization with the purpose of marking the ministration paid her 35 cents an hour as a Army Reserve Personnel Center where he year 2000 and celebrating the achievements grader and for extra money, she babysat for served as a personnel management officer of civilization. Also, since its incorporation, the 50 cents a night. Every penny Mrs. Wright May 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E829 earned went toward her educationÐnothing Mr. Speaker, I would like to recognize the So this is a very simple test of values. Do was more important to her. hard work and dedication that Mrs. Wright put we believe in these values and do we practice She enjoyed all aspects of school and was into her career in education and to thank her them? Or do they remain words? In the bib- very active in the extracurricular activities. lical tradition, which Christians share with for the example she provided to so many of Jews, we are partners with God in the perfec- Each year the college produced a musical at Colorado's youth. tion of the world. Partners with God in the the Avalon Theater. Mrs. Wright was a dancer f abolition of war and the overcoming of op- in each production. pression from war. Our love is backed by Lessons and school work demanded the FIGHTING WORLDWIDE commitment or obligation, not just a feeling most of her time. She studied diligently and PERSECUTION OF CHRISTIANS of love but a recognition that I am commit- made `average grades''. ted and obligated to act on that love. ``I was not an `A' student or even a `B' stu- HON. FRANK R. WOLF And, of course, the third quality that fol- dent many times,'' Mrs. Wright recalls. ``We OF VIRGINIA lows from that is a steadfast persistent qual- were graded on a curve and there were two IN THE HOUSE OF REPRESENTATIVES ity. That is to say, I do not stop at obstacles, students who were always so good that it nor am I simply a fair-weather friend. pushed the average students into the `C' We are obligated to our neighbor. The Mr. WOLF. Mr. Speaker, I am submitting for bracket.'' neighbor is the one who is inside my uni- Dean Houston, her psychology professor, the RECORD remarks made by Rabbi Irving verse of moral obligation. Of course, many told the class that being average was OK in Greenberg at a recent conference sponsored political figures have argued that that obli- some professions. ``He informed us that aver- by the Center for Jewish and Christian Values. gation stops at the border. Just as many in the name of or the spirit of economics would age people made good teachers because they The conference examined the lessons learned from the Campaign on Soviet Jewry and how argue that the value and the importance of could relate better to the majority of students,'' business means we must give a very narrow she said. they can be applied to combat the growing problem of Christian persecution. definition of the neighbor, lest our business The second year of college proved to be and our jobs and our economy be hurt by ap- Rabbi Greenberg spoke eloquently about one of her greatest challenges. She lost her plication of moral standards to international the obligation all people of faith have to de- job because the family needed a housekeeper trade. People are afraid, and this is a very fend the rights and freedoms of other people fulltime. Then she waited tables at a cafe for powerful force in American foreign relations. of faith. a dollar a day plus tips, which back then were But, in fact, the contribution of our coun- I commend it to the attention of all Members a nickelÐif you were lucky. That December, try and our people great American contribu- of this body. Mrs. Wright got the mumps and missed a tion of the 20th century, has been the oppo- week of classes. After recovering from the FIGHTING WORLDWIDE PERSECUTION OF site of this. That is to say, the contribution to recognize that the moral tradition, influ- mumps and working to make up the missed CHRISTIANS Rabbi GREENBERG. Good afternoon. As a enced by religion—and this is a country pow- classes, Mrs. Wright caught scarlet fever. She erfully shaped by religious values—is to de- missed a month of classes during the spring rabbi, I’m here because of my long-standing admiration and friendship for Rabbi Yechiel fine the neighbor across national lines. The quarterÐright before graduation. But with Eckstein, who’s the president of the Inter- neighbor does not stop at the national bor- extra work and determination, Mrs. Wright national Fellowship of Christians and Jews, der. And the neighbor is my family, and if I graduated with her class in 1936. She applied and a parent of the Center for Jewish and have a family I have a right to intervene and for a 1-year teaching certificate and was of- Christian Values, which sponsors this con- intercede for them even in foreign countries, fered a job teaching at Salt Creek. Before ference. But, of course, most of all I’m here so called. Now, when this started, the Soviet Jew movement was laughed at, but that’s starting that job in September of 1936, Mrs. to express solidarity as a rabbi for your pro- tests, our protests, at the persecution of what happened. At the end, the United Wright taught summer school for 3 months in States government, through its laws, in- Moffat County. Christians worldwide. And I believe, as you do, that ‘‘whatever you do unto the least of voked the right to intervene in dictatorships In 1937, she entered Colorado State Col- these, you do unto me,’’ and as a Jew, we and insist upon moral standards. lege of Education in Greeley to finish her edu- have not forgotten the suffering, not only I would add one little footnote on the third cation degree. She took classes in the sum- the suffering but also the suffering of being value we’re talking about today: the lesson mer and taught during the winter months, fi- abandoned in your suffering. Nor have we of the Holocaust. Many studies have been nally graduating from the teachers college in forgotten the gratitude we feel to Christians done as to the survival rate of Jews during 1954. for helping Jews in distress and travail in the Holocaust, and it’s important and worth After her first job at Timberlake School in the Soviet Union come to Israel. I really do repeating. Ninety-five percent of the Jews in Moffat County, she then taught at Salt Creek believe that your time has come, our time Poland and Lithuania died; 95 percent of the has come, for this issue to achieve the inten- School near Collbran, Summit School in Jews in Denmark were saved. The difference tion and the help that it truly deserves. was not the behavior of the Nazis, who, in Unaweep Canyon, Pride School in Kannah This is a meeting sponsored by the Center each case, tried to kill, nor was the dif- Creek, Whitewater School, Purdy Mesa for Jewish and Christian Values. It seems to ference in the behavior of the Jews, who did School, Rhone and Hunter schools near Fruita me this issue is simply and fundamentally a the best they could to escape but mostly and finally 22 years at Columbus Elementary test of values. One of the fundamental values could not. The difference was the behavior of on Orchard Mesa. The last 9 years at Colum- is that the human being, at least in the bib- the bystanders. In those countries where the bus, she taught kindergarten. lical tradition, is created in the image of population turned its back and said, ‘‘That’s At the country schools, Mrs. Wright in- God. The Talmud says that to be in the not my concern,’’ they died. In those coun- image of God bestows three fundamental tries where the population stood up and said, structed students of all ages and grades. She; dignities which every human being as an her husband, Leslie Wright, who worked for ‘‘This is bone of my bone, flesh of my flesh,’’ image of God is entitled to. The first is the they were saved. the Rio Grande Railroad; and two children, dignity of infinite value, and that is why I have a belief one should never underesti- Don and Rena, often lived in the teacherage they say saving one life is like saving a mate the American people. Not only have next to the schoolhouse. whole world. The second is the dignity of they already shown remarkable achieve- equality. No suffering is less important, for After 35 years of teaching, Mr. Wright was ments in this area in insisting upon moral we are all equally precious. And uniqueness. not quite ready to give up working for edu- standards, but I’d also like to add that the No human being can be replaced, should be cation. She was elected to District 51 School workers are not fools either. They see that replaced, or their suffering standardized or Board. Serving for 10 years, teachers and stu- in standing up to help the persecuted, that in some way dismissed as less important. dents often saw Mrs. Wright sitting in the back If I recognize another as a fellow human out of this confrontation came the erosion of of the classroom watching and listening. As an being in the image of God, then I recognize dictatorship. Much of the breakdown of com- administrator, she did not want to lose touch them as my own family, flesh of my flesh, munism and the end of the nuclear threat to with the students and teachers she rep- bone of my bone, connected and in the image the world started from this standing up for the civil rights and the human and religious resented. of the God whom I also am deeply grounded in. Under those circumstances, we feel an ob- rights of Jews and other groups under Soviet Mrs. Wright attended 71 graduations during domination. her school board tenure. Three of those grad- ligation if they are hungry to feed them, when they are enslaved to free them, and This afternoon, therefore, we shift our pic- uations were very special. She handed diplo- when they are persecuted to release them ture, our concern from vision and recogni- mas to her grandchildren, Lisa Wright, Justin from the chains of oppression. That is why tion of the issues to practical and applied Carver, and Kristi Wright, when they grad- charity, in the Jewish tradition, is referred ways of action on the basis of that vision, uated from Grand Junction High School in to not as ‘‘charity’’ but as ‘‘righteousness’’ and we have an extraordinary panel for you, 1988, 1989 and 1991, respectively. or ‘‘obligation.’’ for us to hear. E830 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 1997 YOM HASHOAH; REMEMBERING Relations, I will vote and speak up for contin- Gene Ragan is agriculture in the Wiregrass, THE HOLOCAUST ued U.S. assistance for the Jewish State, Is- and I congratulate him on his award and his rael, a state literally created out of the ashes continuing remarkable career in service to the HON. WALTER H. CAPPS of the Holocaust. Whatever the ups and farmer. Thank you, Mr. Speaker. OF CALIFORNIA downs of its internal political machinations, it f IN THE HOUSE OF REPRESENTATIVES is a moral, strategic and diplomatic imperative INTRODUCTION OF PRESIDENT Thursday, May 1, 1997 for the U.S. to support Israel and advance the cause of peace in the Middle East. CLINTON’S ‘‘AMERICA READS Mr. CAPPS. Mr. Speaker, this Sunday, May Mr. Speaker, before I came to Congress, I CHALLENGE ACT OF 1997’’ 4 is Yom Hashoah, Holocaust Remembrance was a professor of religion. For many years, I Day. This solemn day caps off a week in taught my students the extraordinary book HON. WILLIAM (BILL) CLAY which memorial events have been held in ``Night'' by Elie Wiesel, America's voice of OF MISSOURI every corner of our Nation, including the city conscience. Among Professor Weisel's most of Santa Barbara, which I am proud to rep- IN THE HOUSE OF REPRESENTATIVES incisive observations is that when an event, Thursday, May 1, 1997 resent. like the Holocaust is unspeakable, it takes a Some may ask why, more than half a cen- while to learn the right words. Mr. CLAY. Mr. Speaker, I am pleased to in- tury after the Holocaust, we need to continue We will never learn all the right words to de- troduce the America Reads Challenge Act of these commemorations? My response is that it scribe and explain the Holocaust. Yet by tak- 1997, on behalf of President Clinton. This Act is our sacred duty. Fifty years after World War ing time each year to remember the dead, will help mobilize trained volunteers reading II, or 500 years later, it will be incumbent upon honor the living, and absorb the lessons of the tutors and skilled reading specialists to ensure us to do all that we can to learn the lessons Nazi era, will we add meaning to our own lives that every student can read by the end of the of this terrible era and teach them to future 3d grade. Over 5 years, the bill commits over generations so that such a catastrophe will and those of future generations. f $2.75 billion to local communities for after- never befall the Jewish peopleÐor any peo- school, summer, and weekend tutoring in pleÐagain. TRIBUTE TO GENE RAGAN: MAN reading. Nothing we can ever do will bring the 6 mil- OF THE YEAR IN ALABAMA AG- Specifically, this Act would fund 25,000 lion who were murdered back to life. Nothing RICULTURE reading specialists and tutor coordinators to we can do or say will ever heal the searing mobilize one million volunteer reading tutors. wounds of those who survived. For them, the The program will serve areas with a high num- numbers burned into their arms and their other HON. TERRY EVERETT ber or percentage of low income families, or physical and emotional scars are a daily pain- OF ALABAMA areas with the greatest need for reading as- ful reminder of their suffering. But we can IN THE HOUSE OF REPRESENTATIVES sistance. The program will be coordinated with endow the sacrifices of the victims, living and Thursday, May 1, 1997 existing early childhood and family literacy dead, with everlasting significance if we under- Mr. EVERETT. Mr. Speaker, I rise to pay programs, such as Even Start and Head Start. take remembrance events in our community. tribute to an outstanding figure in southern ag- In my district, I was honored to participate in The program is designed to build on and riculture and a dear friend, Gene Ragan. Pro- the opening of a remarkable exhibition in support in-school reading programs, with a gressive Farmer magazine has recently se- Santa Barbara featuring the art and sculpture special emphasis on strong parental involve- lected Gene as its Man of the Year in Ala- of Theresienstadt. This breathtaking exhibit is ment. The bill provides for the Parents as First bama agriculture. This is a prestigious honor sponsored by the Hillel Foundation of UCSB, Teachers Challenge Grants that would provide only bestowed to agriculture's best and I can the Jewish Community Relations Committee of $300 million to help parents help their children think of no one more suited to receive it than the Santa Barbara Jewish Federation, the read well. Gene. Santa Barbara County Arts Commission, the It is well documented that children who can- Gene Ragan is an institution in the southern College of Creative Studies at UCSB, and the not read well by the end of third grade are farming community, regularly hosting what Austrian Cultural Institute of New York. more likely to drop out, and are less likely to many believe to be the Nation's longest run- This event was particularly enlightening be- succeed in school. Some 40 percent of our ning local television farm show. For viewers of cause it reminds us of the remarkable power fourth graders scored below the basic level on WTVY±TV 4 in Dothan, AL, Gene has been a of the visual arts to teach, to inspire, to move recent national tests. The America Reads friend and an agriculture advocate for 38 us. Challenge Act of 1997 will allow communities I've joined my friends and neighbors in years on his ``Noon Farm Report.'' As Pro- to create well-designed tutoring programs that Santa Barbara at Yom Hashoah commemora- gressive Farmer notes: ``Ragan has served will significantly improve student reading skills. tions for many years, but this time was the with distinction as the voice of agriculture for f many who no longer have day-to-day ties to first that I stood before them as their Con- H.R. 1515 EPHIC LEGISLATION TO gressman, with new obligations and new op- farming.'' His audience today is considerably more urban than in 1959. MAKE HEALTH INSURANCE AF- portunities. FORDABLE FOR SMALL BUSI- As a Congressman, I will be able to rep- Gene's ties to agriculture actually extended NESS WORKERS AND THEIR resent my community at the annual Yom back 50 years, beginning his career as an ex- SPOUSES AND CHILDREN Hashoah event in the Rotunda of our Nation's tension agent in Grady County, GA, in 1946. Capital on May 8. In addition to farm broadcasting, Gene Ragan As a Congresman, I saw the need to re- has ably served as farm consultant to HON. HARRIS W. FAWELL spond to the unwise and outrageous com- Southtrust Bank in Dothan, and has used his OF ILLINOIS ments of one of my colleagues who criticized expertise to organize the annual agriculture IN THE HOUSE OF REPRESENTATIVES leadership conference which draws hundreds the airing of ``Schindler's List'' as ``polluting the Thursday May 1, 1997 minds of our children'' by organizing my own from across the Southeast. letter, signed by 40 Members, in support of A friend and ambassador for the family Mr. FAWELL. Mr. Speaker, WILLIAM F. this historic broadcast. farm, Gene Ragan is a genuine lover of the GOODLING, Majority Leader RICHARD K. ARMEY, As a Congresman, I will proudly support the land and this country. No one I know is a Representative J. DENNIS HASTERT, Rep- continuing Federal funding of the U.S. Holo- more credible advocate for environmental resentative SUSAN MOLINARI, Representative caust Memorial Museum, which has helped stewardship than Gene Ragan. His efforts on JAMES A. LEACH, Representative OWEN PICK- fulfill our obligation to teach the lessons of the behalf of land grant colleges and research ETT, Representative JAMES P. MORAN, Rep- Holocaust to millions. programs are also well known. resentative WILLIAM O. LIPINSKI, Representa- As a Congressman, I am supporting legisla- Always looking to the future, Gene is a con- tive GLENN POSHARD, JAMES A. TRAFICANT, tion to unlock, once and for all, the secret files sistent supporter of youth in agriculture, name- JR., and Representative GARY A. CONDIT, are on Nazi war criminals still being shielded by ly 4±H and FAA programs in the Tristate re- among the 113 cosponsors who are joining certain agencies of the U.S. Government be- gion of southeast Alabama, southwest Geor- me today in introducing the Expanded Port- cause of outdated cold war national security gia, and northwest Florida. ability and Health Insurance Coverage Act concerns. I am personally indebted to and will never [EPHIC]. And as a Congressman, and particularly as forget the help that Gene Ragan gave this Similar legislation is also being introduced in a member of the Committee on International young newspaper reporter many years ago. the Senate by TIM HUTCHINSON, and others. May 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E831 The bipartisan EPHIC legislation will make Middle East. I enter Mr. Rosenthal's valuable ‘‘Islamization.’’ The coalition’s definition is health coverage more affordable and acces- insights into the CONGRESSIONAL RECORD a political and cultural process to establish sible to millions of small business workers and Islamic law, the Sharia, as the ruling prin- [From the New York Times, Apr. 29, 1997] ciple of all society, to which all must con- their spouses and children. EPHIC will help THE WELL POISONERS form. make insurance more affordable, by expand- (By A. M. Rosenthal) This is what the Very Rev. Keith Roderick, ing coverage and lowering costs; more acces- an Episcopal priest, who is secretary general sible, by removing barriers and increasing They are outsiders among us. They use of the coalition, reports about Egypt: their foreign religion to poison our wells, ‘‘The government has created an atmos- choice through association plans; and more and destroy our belief in ourselves and the secure, by improving continuity of coverage phere of bigotry and hatred toward the Cop- God we must follow. tic minority, allowing the Copts to become and consumer protections. Throughout the persecution of Jews, that human safety valves for Islamic militants. The problem of the uninsured, both children has been the accusation and justification: an . . . A significant reduction in [U.S. foreign and adults, is a problem of small businesses evil religion of the evil outsider. aid] for Egypt would send a strong signal lacking access to affordable health coverage. In their terror and helplessness, sometimes that the U.S. has adopted a serious priority Over 80 percent of the 40 million uninsured victims pleaded that the charge of foreign- objective in its foreign policy to eliminate Americans live in families with an employed ness was not true—look at us, we are like Christian persecution.’’ you—almost as if being different made their worker who is likely to work for a small em- Ignorance of the history or huge number of persecution at least explicable to the human Christian worshipers in faraway countries ployer or be self-employed. Over 80 percent of mind. tends to make American Christians, and all uninsured children are in families with Now foreignness is the weapon used by per- Jews too, passive about the persecution of working parents. Nearly two-thirds of these secutors of Christians in Asia, Africa and the Christians. As long as passivity lasts, so long parents work for small businesses. Middle East. Islamicist inquisitors use the will persecution continue. It has always been To address the affordability problem of the weapon in the name of heavenly righteous- so. ness, the Chinese political police in the name uninsured, EPHIC would give franchise net- f works, union collectively bargained plans, of their frightened, last-ditch nationalism. Both types of persecutors of Christians bona-fide trade, business and professional as- PROGRESS REPORT ON WOMEN’S benefit from a peculiar protection—the atti- HEALTH sociations ie.g., retailers, wholesalers, printers, tude of many Western Christians that Chris- agricultural workers, grocers, and churchesÐ tianity is indeed foreign to Asia and Africa, SPEECH OF and organizations such as chambers of com- a valuable export certainly, but not really, merce and the National Federation of Inde- well, indigenous, to the soil. So they see far- HON. ANNA G. ESHOO pendent Business [NFIB] the ability to form re- away Christianity as separate from them- OF CALIFORNIA gional and national group health plans. These selves. This profits persecutors, by prevent- IN THE HOUSE OF REPRESENTATIVES Association Health Plans would enjoy the ing the persecuted from getting the succor they need, and due them. Wednesday, April 29, 1997 economies-of-scale allowing them to fully in- The aloofness of Christians to their distant Ms. ESHOO. Mr. Speaker, I am here today sure or self-insure the workers, spouses, and persecuted is a denial of the reality that to speak about the Reconstructive Breast Sur- children of America's small businesses, just as Christianity was not only born in the Mid- gery Benefits Act of 1997 H.R. 164 and S. large- and mid-sized businesses have been east but spread wide and deep in Asia and Af- 609. able to do for 23 years under ERISA. rica long before Islam or Western Christian I am proud to be the original House sponsor The pooling allowed under EPHIC will bring missionaries arrived. By now, according to David B. Barret’s An- of this critical legislation which will end the to America's small businesses immensely in- short-sighted insurance practice of denying creased economies-of-scale to effectively bar- nual Statistical Table on Global Mission, 1996, there are 300 million church-affiliated coverage for post-mastectomy breast recon- gain with providers and insurers, uniformity of Christians in Asia, the same number in Afri- struction based on the false assumption that plans, freedom from costly State mandated ca—and 200 million in all of North America. the surgery is merely a ``cosmetic'' procedure. benefits, and significantly lower overhead Americans are waking up to the persecu- When in reality, reconstructive surgery is often costs. It is estimated that employers could tion of Christians in Communist China. an integral part of the mental and physical re- save as much as 30 percent in overhead Their own Government, however, gives it covery of a woman who undergoes a trau- costs and that up to one-half of the 40 million zero priority compared with Washington’s matic amputation of her breast. uninsured would find accessible and afford- lust for the bizarre privilege of trade with Specifically, the Reconstructive Breast Sur- able health care in the private market. China granted by Beijing: to buy eight times more from China than China does from gery Benefits Act requires health insurance The newly formed Association Health Plans America. companies that provide coverage for will be able to replicate for small- and me- But how many Americans know or care mastectomies to also cover reconstructive dium-sized employers the recent success about the increasing persecution of Mideast breast surgery resulting from those large employers have had in limiting health Christians, like the 10 million Copts of mastectomies (including surgery to establish cost increases to less than the rate of inflation. Egypt—the largest Christian community in symmetry between breasts). EPHIC would thus expand coverage and do the region? Copts are vilified as outsiders, Approximately 85,000 American women un- so through the private market without new though they have lived in Egypt since the dergo a mastectomy each year as part of their taxes or costly mandates. seventh century. treatment for breast cancer. While this is a In February and March, 25 Copts were shot In summary, EPHIC will help millions of em- to death in Islamicist attacks on a church life-saving procedure, it's also a horribly dis- ployees, especially those who work for small and a school. The attacks were part of the figuring operation. Studies have demonstrated businesses, to obtain health insurance. Man- worst outbreak of Christian-killing in 25 that many women say that fear of losing a dates have driven costs up and, if expanded, years. And Islamic fundamentalists have breast is a leading reason why they do not will further discourage employers from provid- been allowed to carry out year-round harass- participate in early breast cancer detection ing health insurance to their workers. In con- ment of Copts, including destruction of programs. More than 25,000 mastectomy pa- trast, this legislation will lower costs and in- churches that Copts then are not allowed to tients each year elect to undergo breast re- crease choice to make it easier for employees rebuild. construction. In early April Mustapha Mashour, ‘‘general to purchase affordable health coverage. Since I began my work on this bill, I've guide’’ of the Muslim Brotherhood move- heard daily from so many who have relayed f ment, a fountain of Mideast terrorism for 50 years, announced a new goal: to bar Copts their own individual experiences to me. Karen PERSECUTION OF CHRISTIANS from the army, police and senior government Ingalls, for exampleÐa breast cancer survivor positions on the grounds that they were a from San Mateo, CAÐread about my legisla- HON. NEWT GINGRICH fifth column. He also demanded that a ‘‘pro- tion and asked her coworkers to write to me OF GEORGIA tection tax’’ be imposed on Christians, as in if they support it. In just 4 hours, she collected the time of the Prophet. IN THE HOUSE OF REPRESENTATIVES signatures and comments from 120 people. Elsewhere in the Mideast, persecution in- Karen herself wrote, ``I feel denial of coverage Thursday, May 1, 1997. cludes the Sudan’s trade in Christian slaves. is just one more assault on [a] women's psy- Mr. GINGRICH. Mr. Speaker, the persecu- But the Egyptian Government boasts of fighting extremists and has received praise che. Something must be done to prevent this.'' tion of Christians is one of today's overlooked and billions from America. I sometimes hear from critics who ask why tragedies. On April 29, 1997, columnist A.M. In the U.S., a coalition of 60 human rights ``all-of-a-sudden'' there seems to be a con- Rosenthal of the New York Times addressed and ethnic organizations watches out for gressional rush toward breast cancer legisla- the torture of Christians in Asia, Africa and the persecution of minorities under tion as opposed to other serious health care E832 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 1997 conditions. My answer to this question is that volvement in our educational system, and my ital to maintain that technological advantage. we, as representatives of our people, are re- bill contains tax provisions designed to en- Any resources available after deficit reduction sponding to the needs of breast cancer pa- courage that involvement. Those tax provi- should be invested in human capital. A recent tients because we have heard the stories of sions, called education zone tax incentives, survey of economists by the Wall Street Jour- thousands of American women and men who are based on the principles of public-private nal found that 43 percent of the economists have been victimized twice by breast cancer partnerships that underlie the empowerment surveyed stated that increased spending on first by the disease, then by the callous treat- zone legislation. education and research and development ment of insurance companies. I find it regret- Second, I believe that a revised Hope schol- would be the one policy with the most positive table that there are those who find legislative arship credit is the most effective way of using impact on the economy. responsiveness to constituent needs to be out the tax law to help families meet the cost of Amazingly, while the concept of investing in of line. While comprehensive health care re- higher education. Therefore, rather than in- human capital goes unchallenged in debate, form would have addressed many of the spe- cluding the other education tax incentives pro- elected leaders are still spending more of our cific complaints being brought to members of posed by the President in my bill, I have pro- Nation's limited budget resources on back- Congress, the political reality today is that only posed an expansion of the President's HOPE end, punitive programs like law enforcement incremental measures have a chance of be- scholarship credit and made modifications to it and prisons, rather than front-end investments coming law at this time. The suggestions that to ensure that all students, regardless of their like education and training that can really pay Congress should ignore some festering health family incomes, will receive the full benefit of off in increased work force productivity. Unfortunately, these skewed priorities are care problems just because all of them cannot the credit. In addition to the $1,500 credit for present at the local level, too. New York City be addressed simultaneously is a great way to each of the first 2 years of college as pro- spends $84,000 per year to keep a young ensure that everyone suffers equally. I much posed by the President, my bill provides a $1,000 credit for the third and fourth years of man in Riker's Island Prison, yet only $7,000 prefer helping those we can whenever pos- each year to educate a child in Harlem. sible starting with, but not limited to, breast college education. The dollar limitations would not be reduced by the amount of Federal We must change our priorities. Let's invest cancer patients. in the future of this country through our chil- Mr. Speaker, I urge my colleagues to co- grants such as Pell grants, and the student would be required to maintain satisfactory aca- dren. Let's bring the same zeal to encouraging sponsor H.R. 164, the Reconstructive Breast and educating our children that we now apply Surgery Benefits Act. demic progress to be eligible for the credit. The HOPE scholarship credit, as originally to punishment and incarceration. f proposed by the President, would have been The following is a brief summary of the pro- H.R. 1512, THE EDUCATION refundable and available to low-income fami- visions contained in my bill: OPPORTUNITIES TAX ACT OF 1997 lies who would not have income tax liabilities. 1. PUBLIC-PRIVATE PARTNERSHIPS The refundable aspect of the credit was elimi- The bill contains a financing mechanism nated in the President's fiscal year 1998 budg- designed to provide needed capital and exper- HON. CHARLES B. RANGEL et proposals because of concerns over the dif- tise to establish partnerships between public OF NEW YORK ficulty of administration by the Internal Reve- educational institutions and private busi- IN THE HOUSE OF REPRESENTATIVES nesses. nue Service. I believe that no family should be (a) Local governments would be authorized Thursday, May 1, 1997 denied the HOPE scholarship credit merely to issue special bonds (or otherwise borrow Mr. RANGEL. Mr. Speaker, today, I am in- because its family income is too low and, money) to cover the cost of establishing spe- troducing legislation, entitled the Education therefore, I have provided a refundable HOPE cialized academic institutions. These insti- Opportunities Tax Act of 1997, which consists credit in my bill for students from such fami- tutions would have to be located in lies. I believe that I have addressed the con- empowerment zones or enterprise commu- of tax provisions that are designed to expand nities or primarily serve disadvantaged stu- educational opportunities in this country. cerns that caused the President to eliminate the refundability feature of the HOPE credit. In dents. Because of the tax credit described in My bill would expand opportunities for stu- subparagraph (b), this capital could be raised dents in K±12 and beyond. This goal is crucial my bill, the refundable portion of the credit with no interest cost to the local govern- to the country's social and economic well would be paid by the educational institutions ment. No bonds could be issued for any being. It's a well known fact, that without the on behalf of the Treasury Department in a school unless there were assurances of pri- proper educational tools, young people lose manner similar to that used for other Federal vate business participation described in sub- hope for the future. We have only to look at assistance. paragraph (c). The required private business Although the bill that I am introducing today contributions and the terms governing the the high levels of crime, drug use, juvenile de- contains only tax provisions, I recognize that financing would be designed so that each linquency, teen pregnancy, and unemployment tax provisions alone cannot provide sufficient member of the partnership would provide to know the value of a good education. With- additional resources needed to assist students equal contributions. out basic academic opportunities, the future is (b) The Federal Government would provide in obtaining a higher level of education. There- bleak. My bill identifies communities that a tax credit to purchasers of the special fore, I have also cosponsored two bills, H.R. shoulder a disproportionate share of these so- bonds (or holders of other evidence of indebt- 1435 and H.R. 1436, introduced by Rep- edness) described in subparagraph (a). The cial problems and offers a solution for hope. resentative BILL CLAY on April 24, 1977. Those credit would be paid annually in an amount The bill that I am introducing today is based bills would expand the Pell grant program, re- equal to a percentage of the bond (or indebt- largely on education tax incentives contained duce student loan fees, and provide school edness) face amount that would permit the in the President's budget recommendations. construction funds. raising of interest-free capital by the local My bill modifies the President's proposals in Although our proposals may differ, President government. There would be an overall na- two major ways. Both modifications reflect tional limit on the amount of financing eli- Clinton and I share the same goal. We both gible for the credit. The annual limitation many meetings with education providers and believe that a lack of resources should not the business community over the last several would be $6 billion for 1998, 1999, and 2000. In prevent any American from receiving a college order to avoid creating a tax-exempt bond years. education. A college degree is increasingly with a substantial Federal guarantee, the First, I believe that providing additional fi- vital in our society. Government can and credit would be included in income of the re- nancial resources to assist families in meeting should play an important role in ensuring that cipient and subject to tax. the cost of higher education is vitally important all Americans have access to higher edu- (c) In order to be eligible for the special in- terest-free capital, the local government but not enough. We must do more to ensure cation. I firmly believe that expanding edu- that those students who wish to pursue higher would have to secure written assurances of cational opportunities is the most efficient way contributions from private business. Such education are prepared for the challenges of a of ensuring equal opportunities in our society. contributions could consist of goods, exper- college education. We also must work harder Currently, this Nation is enjoying one of the tise, training, or services. The businesses both to educate and train those students who longest periods of economic expansion in its would benefit from current-law deductions choose or need to earn a full-time living after history, with low unemployment and continued for charitable contributions. high school. In pursuit of this goal my bill creation of new jobs. Much of the credit for The bill also provides a tax credit to em- would permit qualifying educational institutions that rests with the deficit reduction efforts of ployers for hiring recent graduates of the to make this a reality. Therefore, my bill in- schools established through these partner- the Clinton administration and the techno- ships. The amount of the credit would be 20 cludes provisions to enhance academic logical advantages that our industries enjoy percent of the first $6,000 of wages paid dur- achievement below the college level through over their competitors in other countries. ing the first year of employment if the stu- public-private education partnerships. I believe We will not remain competitive in the world dent is hired before a 6-month period after that we must have greater private-sector in- economy unless we invest in our human cap- graduation. May 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E833 2. HOPE SCHOLARSHIP TAX CREDIT Edelman. She also makes use of her artistic Misty's response revealed her strength of The bill includes a nonrefundable and a re- talent and entrepreneurial spirit in her current character and resolve. She came to the assist- fundable HOPE scholarship credit. The non- position at an interior design company. Herb ance of her mother, Donna, who was facing refundable credit would be claimed by tax- has had an existing career in law. Herb grad- difficult financial circumstances. Misty began payers on their income tax returns if they uated from Brooklyn College in 1953, and then working almost forty hours a week at have sufficient tax liability to fully utilize the credit. This credit would be administered went on to New York University School of Brookshire's Grocery in Overton and contin- by the Internal Revenue Service. Taxpayers Law, where he received his J.D. and began ued as a full-time student at Arp High School, with incomes too low to receive the benefit practicing law. A short time later he followed while her mother also held three jobs in order of the full amount of the nonrefundable cred- his brother to Los Angeles and practiced on to meet their expenses. it would be entitled to a refundable HOPE his own for a few years. Herb eventually Misty's perseverance and hard work re- credit. The refundable credit would be paid joined the law firm of Rose, Klein & Marias. sulted in her being awarded the $5,000 Hora- by the institution at which the student is en- The Galperson's most outstanding feature, tio-Alger Scholarship. In doing so, she also rolled under procedures similar to those used an inspiration for all Americans, is dedication gained the respect of her peers and her com- in providing other Federal educational as- sistance. to community. Judy and Herb have been in- munity, and she was recently honored during For the first two years of college, the max- volved in every facet of community organiza- an awards ceremony at Arp High School. imum amount of the credit would be $1,500 tion. She has been a member of the board of Misty plans to use this prestigious scholarship for a full-time student and $750 for a half- directors for the Otis Art Institute and a mem- to attend either Tyler Junior College or Kilgore time student. For the third and fourth years ber of the Los Angeles County Music and Per- College in the fall, with plans for a future of college, the maximum amount of the cred- forming Arts Commission; He belongs to var- transfer to Stephen F. Austin University. She it would be $1,000 for full-time and $500 for ious bar associations and has been a officer plans to major in sociology or criminal justice half-time. The limitations will be indexed for and on the board of directors of several orga- with hopes of becoming a probation officer, inflation. The credit would be available for the first nizations, including president of the Southern where she plans to use her life experiences to four years of post-secondary education. A California Applicants Attorneys Association. help those in need. We can anticipate that she part-time student would have to be at least Judy and Herb have served together on sev- will be most successful in whatever she pur- a half-time student for the year. eral Jewish organizations and are life mem- sues. The credit would be available on a per-stu- bers of Southern California Hadassah. Re- Mr. Speaker, there is no way to measure dent basis. To be eligible for the credit, the cently, in recognition of Judy's contribution to the positive impact Misty has had on her fam- student would have to maintain satisfactory the community, she was invited to the White ily, her school and her community. Young peo- academic progress and remain ‘‘drug free’’ House to participate in a dialog with First Lady ple like Misty are our Nation's future leaders, (not convicted of a felony involving drugs). The credit would be available for qualified Hillary Clinton and 12 other community mem- and their efforts will help keep America great. expenses incurred by the taxpayer, tax- ber from across the country. It is a privilege for me to represent such an payer’s spouse, or taxpayer’s dependent (as As for the Galperson's family life, Herb met outstanding young person from the Fourth Dis- defined in Code section 151). Qualified ex- Judith Arlene Harris in 1967 on a blind date trict of Texas, Misty Putman. penses consist of tuition and fees required and with a few short months they were mar- f for enrollment or attendance. The credit ried. Two years later, their first son, David, would not be available to married taxpayers was born, followed by Robert. David received COMMENDING OFFICER TIMOTHY unless they file a joint return, and would not his J.D. degree from Southwestern School of J. MITCHELL be available to nonresident aliens. Expenses for this purpose would be net of Law, was admitted to the State bar of Califor- grants, scholarships, and fellowships. Pell nia, and currently practices law in San HON. PETER J. VISCLOSKY Grants and other nontaxable Federal schol- Bernardino. Robert received his B.A. from the OF INDIANA arship assistance would not reduce the dollar Annenberg School of Communications, Uni- IN THE HOUSE OF REPRESENTATIVES limitation on the credit but like other schol- versity of Southern California, and currently Thursday, May 1, 1997 arships would be offset against qualified ex- works in sales administration at Barth & penses in determining the amount of credit. Dreyfuss in Los Angeles. Their success in Mr. VISCLOSKY. Mr. Speaker, at a time The credit would be phased out over the school and in their professional life would not when crime concerns are on every citizen's following adjusted gross income levels: Joint mind, those who have dedicated their lives to filers, $80,000–$100,000; and Unmarried filers, have been possible without their parents' guid- ance and support. I congratulate Judy and law enforcement are to be commended. I $50,000–$70,000 (indexed for inflation begin- would like to make a special commendation to ning in year 2000). Herb on raising two fine citizens. The credit would be effective for expenses The Galpersons have given an extraordinary Officer Timothy J. Mitchell, a very devoted law paid after December 31, 1996, for education amount of time and energy to serving the Los enforcement officer from Indiana's First Con- furnished in academic periods beginning on Angeles community. I honor them for their gressional District. Officer Mitchell retired from or after July 1, 1997 (the beginning of the 1998 service and hope that they will serve as the Schererville Police Department in April of academic year). rolemodels for others. Once again I congratu- this year. He will be honored by family, f late Judy and Herb Galperson as first couple friends, and members of the Schererville Po- of Sinai Temple. lice Force at a testimonial dinner tomorrow COMMENDING JUDY AND HERB f night at Teibel's Restaurant in Schererville, IN. GALPERSON AS THE FIRST COU- Tim joined the Schererville Police Depart- PLE OF SINAI TEMPLE SALUTING MISTY PUTMAN ment on March 31, 1977, after receiving an honorable discharge with the rank of sergeant HON. BRAD SHERMAN HON. RALPH M. HALL from the U.S. Air Force in 1976. He worked in OF CALIFORNIA OF TEXAS both the patrol and detective division of the IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES police force, and was promoted to the rank of corporal on February 15, 1984. During his ca- Thursday, May 1, 1997 Thursday, May 1, 1997 reer with the Schererville Police Department, Mr. SHERMAN. Mr. Speaker, I rise today to Mr. HALL of Texas. Mr. Speaker, I rise Tim participated in the Officer Friendly Pro- commend and congratulate Judy and Herb today to pay tribute to a special East Texan, gram. This program began within the north- Galperson as the first couple of Sinai Temple. Misty Putman, a senior at Arp High School west Indiana region in the early 1970's, and The Galpersons represent the best of family who recently was awarded the Horatio-Alger was designed to educate children on issues of life, professional life, and community involve- Scholarship for her uncommon valor and per- safety and encourage communication between ment. Mencius, an ancient Greek writer, said severance in the face of difficult cir- police officers and children. As Officer Friend- that ``The root of the state is in the family. The cumstances. She was invited to Washington ly, Tim visited schools throughout the region, root of the family is in the person of its head.'' this week for a conference in recognition of teaching lessons of safety to children during Herb and Judy are the root of their family and this impressive award. Americans, young and dangerous times of the year, such as Hal- community. old alike, could learn a great deal from this loween and summer, and promoting such pro- On the professional level Judy has worked young woman. grams as Bicycle Safety. in public service as a coordinator of volunteers Three years ago, Misty's father, Terry, died Tim was also a participant in the for the Edelman for city council campaign and of a heart attack. As we know, the death of a Schererville Police Department's Drug Aware- as a deputy to councilman Edmund D. family member can be a crippling blow, yet ness Resistance Education program [DARE] E834 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 1997 for 2 years. The first Schererville police officer [From the Wall Street Journal, May 1, 1997] terized the Clinton administration from the assigned to the DARE Program, Tim was in- A PATTERN OF STONEWALLING start and which continue up to my last days in office. Now this modus operandi continues strumental in charting the program's course (By William F. Clinger) in response to Chairman Burton’s requests. since its implementation in the department in As the former chairman of the House Gov- When the committee first opened its 1989. As a DARE officer, he presented a pro- ernment Reform and Oversight Committee, I Travelgate hearings, I said: ‘‘If senior White gram designed to encourage youth to ``say no have watched with a great interest and sym- House officials will bend the rules over so to drugs'' by means of explaining the harmful pathy the efforts of any successor, Rep. Dan seemingly inconsequential an issue [as the effects of drugs. In addition, Tim took the ini- Burton (R., Ind.), to get the Clinton adminis- White House Travel Office] and then spend tration to comply with his legitimate re- tiative in further promoting the ``say no to two years keeping the true story from com- quests for information and documents. At ing out, what lengths might they go to, to drugs'' campaign by serving as a drug and al- issue this time is the investigation of ques- frustrate oversight of areas of far more seri- cohol instructor at Grimmer Middle School in tionable White House fund-raising activities ous consequence?’’ Now we are learning how Schererville, IN, as well as speaking on the and related national security issues. It is the White House responds when serious na- subject for various organizations. Tim has cho- clear—as it often was during my tenure— tional security matters are the subject of sen to utilize his experience and talents in that the administration is consistently re- oversight. teaching children by earning his bachelors de- sisting Congress’s oversight efforts and deny- The first hints of what is turning out to be a pattern of massive fund-raising abuses gree in elementary teaching at Purdue Univer- ing the public its right to know the facts. We are seeing the same pattern of dissem- emerged in October 1996, when I first wrote sity-Calumet. He hopes to spend his retire- bling stonewalling and lack of cooperation Mr. Quinn asking for information about the ment teaching at Grimmer Middle School. that I endured for four years, first as ranking activities of John Huang. His answer was In recognition of his efforts, Tim was se- GOP member and then as chairman of the conveniently delayed until after the elec- lected Schererville's Man of the year by a committee. This pattern was established tion, and six months later the White House local newspaper in 1991. Recipients of this during the Clinton administration’s first still hasn’t fully responded. months in office. In the passing months, key figures in this honor are selected for their tireless dedication investigation, like John Huang and Webster and service to their communities by means of In conjunction with the first lady’s effort to reform the health care system, a number Hubbell, have taken the Fifth Amendment, public service, leadership, or simply caring for of task forces were established. Many mem- and others, such as Charlie Trie and DNC their town. Tim was especially honored for his bers of these task forces were not full-time contributor Pauline Kanchanalak, have fled dedication to the promotion of drug education federal employees, yet notices of the meet- the country. With revelations that the Chi- among northwest Indiana's young people. ings were never published, and the meetings nese Embassy in Washington may have been Mr. Speaker, I ask you and my other distin- were closed to the public. The Federal Advi- involved in funneling foreign funds into the sory Committees Act mandates that advi- 1996 campaign, serious matters of national guished colleagues to join me in congratulat- security are at issue. The past patterns of ing Officer Timothy Mitchell on his 20 years of sory panels that make policy recommenda- tions to the president must advertise their obfuscation and hide-and-seek games with service to the Schererville Police Department. proceedings and open them to the public if documents must not continue. The matters His wife, Rhonda, and their children, Crystal nongovernmental individuals are members. at issue simply are too serious. and Terry, can be proud of his devoted serv- Yet when my committee requested the For more than four years the president has promised cooperation with investigations— ice to the citizens of Schererville. names of the people serving on the task but his actions have been quite another forces, then-White House Counsel Bernard story. As one who has walked this walk and Nussbaum told me: ‘‘Congressman, I don’t f listened to the president talk the talk, I en- have to give you that information, and I’m courage my former colleagues to continue not going to give you that information, and THE PUBLIC HAS A RIGHT TO aggressively pursuing the information to you can’t make me give you that informa- KNOW ABOUT SECURITY which Congress is entitled. You must expect tion.’’ BREACHES IN THE CLINTON AD- that the Clinton administration will resist This open defiance of the committee’s le- MINISTRATION you at every step, but the issues at stake re- gitimate requests continued throughout my quire the vigilance of serious congressional tenure: oversight and members of Congress commit- Commerce Secretary Ron Brown refused to HON. GERALD B.H. SOLOMON ted to getting the facts to the American peo- explain discrepancies in his financial disclo- ple. OF NEW YORK sure statement despite repeated requests. IN THE HOUSE OF REPRESENTATIVES A ‘‘damage control’’ unit was established f in the White House by Special Counsel Jane Thursday, May 1, 1997 Sherburne, who reported directly to Deputy A TRIBUTE TO BRIAN MAYER, OF Mr. SOLOMON. Mr. Speaker, in light of con- Chief of Staff Harold Ickes rather than to MEDFORD, LONG ISLAND, RECIP- tinued revelations about the extent to which a the White House counsel. Apparently, the IENT OF THE UNITED STATES political appointee of President Clinton's had sole purpose of this unit was to deny the MARINE CORPS’ SILVER STAR committee as much information as possible MEDAL FOR HEROISM IN BAT- regular access to classified information and and drag out document production as long as contact with a foreign conglomerate, not to TLE DURING THE VIETNAM CON- possible. FLICT mention officials of the People's Republic of The White House counsel’s office, under China, it's about time the President cooper- four successive counsels, refused to comply ated in getting to the bottom of this. I have with repeated requests for documents related HON. MICHAEL P. FORBES tried to impress upon President Clinton the im- to the firing of the White House Travel Of- OF NEW YORK portance and severity of the potential fice employees. IN THE HOUSE OF REPRESENTATIVES breaches at hand which could have very well In fact, then-White House Counsel Jack Quinn sat in my office a little over a year Thursday, May 1, 1997 taken place on his watch. Since the Attorney ago and informed me he would go to jail be- Mr. FORBES. Mr. Speaker, I rise today to General is unwilling to appoint an independent fore turning over certain Travelgate docu- pay tribute to Mr. Brian Mayer, a resident of counsel to investigate these matters, it is the ments. Unknown to us at the time, these Medford, Long Island, who learned just last duty of Congress to act on its constitutional documents,which the president asserted were week that he will be decorated with the U.S. authority to uncover any violations or penetra- ‘‘privileged,’’ included the White House re- Marine Corps Silver Star Medal for heroism quest to the FBI for Billy Dale’s file seven tion of our national and economic security and during the Battle for Hue City, Vietnam, on determine the principals involved. I have every months after Mr. Dale was fired in the 1993 Travel Office purge. This single document February 22, 1968. confidence in Chairman BURTON and his Com- led to the discovery that hundreds of FBI Though this recognition of Brian's remark- mittee to determine the answers to those criti- files of Reagan and Bush appointees had been able courage under enemy fire comes nearly cal questions, but the President needs to un- inappropriately gathered at the White 30 years later, its significance to his family derstand the full implications himself and as- House. FBI Director Louis Freeh called this and the U.S. Marines whose lives he saved sist in every way possible. an ‘‘egregious violation of privacy.’’ has not been lessened by time, for he has I recommend to everyone the following arti- Mr. Quinn finally turned over 3,000 pages of been credited with putting his own life in grave cle by his predecessor, former Chairman Bill documents, which the White House had spent danger, several times exposing himself to Clinger, about the lack of cooperation in get- months trying to withhold, on the morning the House scheduled a floor vote to hold Mr. enemy gunfire in order to rescue wounded ting the full story out of the White House. It Quinn in contempt if he didn’t turn over the comrades. Brian's heroism did not come with- appeared in the Wall Street Journal. The syn- documents. out a price. While delivering wounded Marines opsis: The Clinton White House spells the These are just a few examples of the to a medical aid station he was seriously public's right to know n-o. stonewalling and defiance that have charac- wounded in action. May 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E835 The Marine Corps will award Brian the Sil- team that represented Arcadia High School WORKERS’ COMPENSATION AND ver Star Medal after receiving several personal were: Jon Baker, Joseph Cheung, Winne STRUCTURED SETTLEMENTS accounts from the wounded Marines of Lima Ching, Anna Chung, Annie Chung, Steve Company that he pulled from the battlefield at Chung, Karen Dickinson, Scott Esposito, Na- HON. FORTNEY PETE STARK Hue City. Working alone and without regard than Flowers-Jacobs, Susan Fu, Jae Vyn Gan, for his own safety, Brian drove a four-wheel David Han, Tracy Huang, Seoyoung Kim, OF CALIFORNIA drive mule into the middle of the raging fire- Jonathon Lee, Michael Lee, Richard Lim, Win- IN THE HOUSE OF REPRESENTATIVES fight, loaded the dead and wounded on the ston Lin, Tsung-Lin Liu, Maggie Loo, Magaret Thursday, May 1, 1997 mule and sped them to safety. Within minutes, Ng, Jina Noh, Margarita Ortiz, Harvard Pan, Brian was back, evacuating more wounded Nikka Rapkin, Christopher Tokeshi, Alexander Mr. STARK. Mr. Speaker, I join today with Marines to the aid station. Two days later, Trifunac, Jack Wang, Jennie Wang, Wing Mr. SHAW, Mr. RAMSTAD, and a broad biparti- Brian again rode his mule into a raging fire- Yung. I would also like to congratulate their san group of cosponsors from the Ways and fight to rescue wounded Marines. Again, he teacher, Ron Morris, whose diligence and sac- Means Committee in introducing legislation to was successful in delivering his precious rifice greatly contributed to the success of the make structured settlements available to men cargo to an aid station. But not without a team. and women who have suffered severe phys- ical injuries in the workplace. price. Brian was wounded during that battle, The ``We the People . . . The Citizen and and the scars of that injury have never fully the Constitution Program'' is the most exten- I have been a long-time supporter of struc- healed. sive education program in the country devel- tured settlements, going back to the original Because Brian was attached to a different oped specifically to educate young people 1982 legislation that enacted section 130 of Marine battalion, the men of Lima Company about the Constitution, the Bill of Rights and the Internal Revenue Code to encourage the did not know their rescuer. If not for the deter- the principals and values that they represent. use of structured settlements for physical inju- mination of Sgt. Joe McLaughlin, whose wit- Clearly, the team from Arcadia High School ries in tort cases. I believe that making the ness to Brian's actions inspired a 30-year showed their extensive knowledge on the sig- structured settlements available for physical search for the Marine who pulled so many in- nificance of the Constitution and its place in injuries suffered in the workplace is fully con- jured men from that Vietnamese battlefield, history, and I salute them for their excellent sistent with the original rationale and policy this Nation may never have had the privilege showing at the national competition. that lead to the enactment of the Code section of honoring Brian's heroism in service to his 130 structured settlement tax rules. country. Brian's sense of patriotism and duty f People who suffer severe and permanently have been passed along to his son, Craig disabling physical injuries in the workplace Mayer, a second lieutenant in the U.S. Marine TRIBUTE TO JOSEPH GEMBUS have the same need as badly injured tort vic- Corps. tims for long-term financial security to cover Mr. Speaker, even words of praise from this the expenses of ongoing medical care and esteemed Chamber cannot carry the weight of HON. MARCY KAPTUR daily life. gratitude offered by Dennis Freed, one of the OF OHIO I look forward to working with my colleagues Marines whom Brian Mayer saved during the IN THE HOUSE OF REPRESENTATIVES on the Ways and Means Committee and in the Battle for Hue City, who said: ``Brian Mayer is House to pursue adoption of this legislation. a true American hero, whose sacrifices and Thursday, May 1, 1997 heroism will always remain an inspiration to us Ms. KAPTUR. Mr. Speaker, I rise today to f all. He is truly deserving of, and long overdue honor Joseph Gembus of Rossford, OH who TRIBUTE TO DR. J.C. LAUL for recognition of that heroism and sacrifice.'' has taken from this life on Thursday, April 10, Mr. Speaker, I ask my colleagues to join me 1997 at the age of 85 years. in honoring Brian Mayer, who was willing to A man of integrity, humility, and true grit, HON. DAVID E. SKAGGS lay down his own life, ultimately sacrificing his Joe was a glassworker who gave of his ener- OF COLORADO own well-being on the field of battle, in an ef- gies to his profession, his family, and his com- IN THE HOUSE OF REPRESENTATIVES fort to save the lives of his fellow U.S. Ma- munity. Always a staunch and dignified de- rines. Brian Mayer is a true American hero. fender of working people, he served as his Thursday, May 1, 1977 f union local's financial secretary for 23 years, Mr. SKAGGS. Mr. Speaker, I rise today to SALUTING THE STUDENTS OF retiring in 1977. Upon his retirement and in pay tribute to and to thank Dr. J.C. Laul, a ARCADIA HIGH SCHOOL recognition of his tireless efforts on their be- former worker at the Department of Energy's half, his brothers and sisters in the union Hanford facility, and a constituent of mine. HON. DAVID DREIER named the United Glassworkers Local 9 hall Dr. Laul is a nuclear chemist and a nuclear the Joseph F. Gembus Hall. Throughout his engineer, with a Ph.D. from Purdue University. OF CALIFORNIA tenure with the union, he also served on the He spent 15 years at Hanford working on nu- IN THE HOUSE OF REPRESENTATIVES Toledo AFL±CIO Executive Board and as clear waste and environmental cleanup prob- Thursday, May 1, 1997 Vice-President of the State of Ohio AFL±CIO lems, analyzing whether that site was suitable Mr. DREIER. Mr. Speaker, on April 26±28, Executive Board. He served on the Wood for permanent storage of high-level nuclear over 1,250 high school students from 50 County Democratic Executive Committee, waste. States and the District of Columbia came to MidAm Bank Advisory Board, and the City of Dr. Laul is also a whistleblower, and a friend Washington, DC to compete in the national Rossford Charter Commission. of the taxpayers, who put his career on the finals of ``We the People . . . The Citizen and Fiercely loyal to our Nation, Joe served in line when he blew the whistle on fraud and the Constitution.'' After the first round of com- the U.S. Army during World War II, fighting in mismanagement by Batelle, Inc., a DOE con- petition, the top ten teams met on Capitol Hill the China-Burma-India Theater. After his serv- tractor. Five days after disclosing that Batelle on April 28 where they demonstrated their ice, he joined the Rossford American Legion inappropriately and illegally used equipment knowledge of the Constitution before constitu- Post #533 and the Northwood VFW, where he paid for by the Government, Batelle fired Dr. tional scholars, journalists, and lawyers. The was a life member. Never one to let his years Laul, saying he had improperly disposed of a competition simulated a congressional hearing slow him down, Joe was also a member of the hazardous wasteÐa violation DOE later said in which students' oral presentations were Lady of Fatima Council of the Knights of Co- Batelle used as an excuse to lay him off and judged on the basis of their knowledge of con- lumbus, the Wood County Committee on silence him. stitutional principles and their ability to apply Aging, and the Glassworkers Local 9 Cullet After losing his job, Dr. Laul brought a False them to historical and contemporary issues. Club. Claims Act suit against Batelle and won, re- That night, the winners were revealed, and I Joe now joins with his wife Mary, but leaves sulting in Batelle reimbursing DOE $330,000. am proud to announce that the team from Ar- to this earth his sister, Angela Gembus, sis- Today I submit for the RECORD an article de- cadia High School in Arcadia, CA, took sec- ters-in-law Betty Torda and Kate Eckhart, and scribing the case and reporting on Dr. Laul's ond place in the national competition. many nieces and nephews. They, and we, will vindication, and thank him for the important The young scholars worked diligently to miss him and cherish his memory and con- and honest work he did on behalf of this coun- reach the national finals and place second tributions in making our community a finer try. Dr. Laul lost his job because he had the overall. The distinguished members of the place in which to live. nerve to stand up for what was right. E836 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 1997 [From the Spokane Review, Mar. 16, 1997] The U.S. Justice Department made Wagoner referred the issue to an internal FEDS PAY IN BATTELLE FRAUD CASE Battelle repay the government $330,000. Laul Battelle committee to decide whether Laul’s got $60,800 of that for his role in identifying treatment was consistent with DOE and (By Karen Dorn Steele) the fraud under the Federal False Claims Battelle whistleblower policies. U.S. government investigators agreed that Act. He brought the claim in 1995. Battelle said the committee was ‘‘united’’ scientist Jagdish C. Laul was fired for turn- Battelle’s treatment of Laul demonstrates in concluding Laul was fired for ‘‘severe mis- ing in his managers for fraud. the company’s ‘‘inability to conduct an unbi- conduct,’’ Koller said. A federal appeals court agreed Laul could ased investigation,’’ said George Allen, the But the inspector general’s report disputed sue the Hanford contractor for whom he inspector general’s investigator. that. worked for wrongful termination. Battelle repaid the government with pri- ‘‘At least half of the six committed mem- The government made the contractor, vate contract revenue, not taxpayer money. bers found evidence of fraudulent manage- Battelle’s Pacific Northwest National Lab- The criminal charges were then dropped. ment of the (Battelle) Lab. However, those oratory pay back $330,000 for double-billing The dispute goes back a decade. findings were not reported back to John lab equipment—and even recommended In 1987, Battelle purchased two $210,000 Wagoner,’’ by Battelle managers, the inspec- Battelle managers be criminally prosecuted mass spectrometers to analyze chemicals for tor general’s report said. for fraud. a government program at Hanford, Nevada The committee’s legal counsel was from But who picked up the $750,000 tab for de- and Texas to build a tomb for commercial Davis Wright Tremaine, the law firm tax- fending Battelle against Laul’s lawsuit? wastes from nuclear power plants. payers later paid $400,000 to litigate against U.S. taxpayers. Laul, a 57-year-old geochemist, was a Laul. Laul’s case is the most recent example of a project manager doing groundwater studies ‘‘This was a conflict of interest,’’ Laul said system that allows private nuclear contrac- for that program. It was canceled in 1988 last week. Battelle’s Koller said it’s ‘‘stand- tors to rack up huge legal bills fighting whis- when Congress decided to build a repository ard practice’’ for Battelle to use its outside tleblowers—even when the contractor’s in at the Nevada Test Site. law firm on such issues. the wrong. In 1990, Battelle illegally modified the The DOE’s inspector general report rec- Battelle settled with Laul in January to spectrometer in the Hanford nuclear waste ommended criminal sanctions against head off a federal jury trial in Spokane. cleanup program, the inspector general’s re- Battelle for ‘‘theft, conspiracy and false The cost of his case to taxpayers includes port said. statement.’’ the $250,000 settlement paid to Laul; $400,000 Battelle was ‘‘double billing’’ Hanford’s ‘‘The U.S. attorney’s office intends to pros- in legal fees to Battelle’s outside law firm, former site contractor, Westinghouse Han- ecute the violations detailed in the July 1993 Davis Wright Tremaine of Seattle; and about ford Co., for the equipment by seeking reim- report,’’ the report said. A grand jury was convened last year in $100,000 in legal work and other Battelle bursement from both the civilian nuclear Spokane to consider criminal charges. But costs to fight Laul. waste project in Nevada and the Hanford they were dropped when Laul won his Fed- If Laul had won at trial, taxpayers would cleanup program, the report said. eral False Claims Act case, forcing Battelle have paid that bill, too. That’s because of a The lab flap delayed progress in nuclear to reimburse the government, said Assistant Cold War agreement in which the U.S. gov- waste cleanup, including Hanford’s single ernment promised to pay all legal costs of its U.S. Attorney James Crum. shell tank program, the most urgent and Laul sued Battelle in 1993 for wrongful ter- nuclear weapons contractors when they riskiest in the nation’s weapons complex, the agreed to run the government’s weapons mination. His claim was initially denied in inspector general noted. U.S. District Court in Spokane. But he ap- plants. Those delays cost taxpayers $300,000, ac- pealed to the 9th U.S. Circuit Court of Ap- The agreement, called indemnification, is cording to the report. That’s in addition to peals, which ruled in his favor and ordered a still in effect today. It applies to Battelle, the legal fees. which works on Hanford cleanup and other jury trial. In October 1989, Laul reported the equip- A whistleblower trial was justified because government nuclear programs. ment misuse to DOE because he was angry Under contract reforms pushed by the Clin- Laul’s immediate supervisor ‘‘drafted a his work would be jeopardized by modifying memorandum only five days before Dr. ton administration, the government plans to the machine. stop reimbursing contractors when a court Laul’s termination calling for (his) termi- Battelle fired Laul in May 1990, saying he nation because of his complaints to the rules against them, or if they’re found guilty had improperly disposed of hazardous of reprisal in a whistleblower case. DOE,’’ the court said last June. waste—a violation DOE later said Battelle That’s when Battelle offered to settle, Laul The reforms don’t yet apply to Battelle. used as an excuse to fire him. said. Under its current contract, the company’s On at least two occasions, Battelle’s legal He got the inspector general reports after top manager has to be involved in illegal re- spat with Laul could have been stopped. he agreed in January to accept the offer. taliation before taxpayers won’t pay their Energy Department records show that ‘‘These reports show I could easily have legal bills, said Carolyn Reeploeg, DOE’s as- John Wagoner, Hanford’s top manager, was prevailed at trial,’’ Laul said. sistant chief counsel in Richland. told by his own investigator in April 1991 Laul is now living in Boulder, Colo. He’s That will change in Battelle’s new con- that Battelle should settle with Laul because taken loans against his house and depleted tract, currently under negotiation, Reeploeg Battelle was at fault and likely would lose a his savings in his long fight with Battelle. said. jury trial. Now, he’s talking to Congress in an effort The reforms, which also apply to other Steve Abernethy, DOE’s safety concerns to make his case an issue in DOE contract Hanford contracts, ‘‘broaden protections for manager, said in a report to Wagoner that reform. whistleblowers,’’ she said. Battelle fired Laul because he reported the ‘‘I stood up in the interest of DOE and had But they don’t go far enough, said Alene fraud, not because he mishandled the chemi- Battelle pay back $330,000, and then DOE Anderson, Laul’s attorney from the Govern- cal. turns around and pays back all the litigation ment Accountability Project, a group that DOE should ‘‘direct PNL (Battelle) to quit costs to Battelle to fight my lawsuit. represents whistleblowers. spending contract funds to defend this case’’ ‘‘This just does not make any sense,’’ Laul ‘‘The system is stacked against whistle- and order a settlement with Laul, Abernethy said. blowers. They still let these cases get to the said in his report. f courthouse doorstep. Millions of taxpayer Battelle strongly disagreed. dollars can be spent before that,’’ Anderson ‘‘We think there’s no connection’’ between AWARDING THE CONGRESSIONAL said. Laul’s firing and his reporting the lab equip- GOLD MEDAL TO FRANK SINATRA Despite its settlement with Laul, Battelle ment dispute to DOE, Koller said in an inter- still isn’t admitting any wrongdoing in his view last week. SPEECH OF firing. The company even denies Laul’s a An early DOE investigation by contractor whistleblower. Stone & Webster supported Laul’s termi- HON. SONNY BONO ‘‘In our view, the taxpayers are served nation. But Abernethy said Battelle’s legal OF CALIFORNIA when contractors defend themselves from department ‘‘may have obstructed’’ the in- IN THE HOUSE OF REPRESENTATIVES frivolous lawsuits,’’ said Battelle spokesman vestigation by having Battelle lawyers Tuesday, April 29, 1997 Greg Koller. present at all employee interviews about But newly disclosed reports show the U.S. Laul’s conduct. Mr. BONO. Mr. Speaker, I rise in support of Department of Energy’s inspector general Laul used ‘‘very poor judgment’’ in dispos- H.R. 279 and the awarding of a Congressional recommended criminal sanctions in 1993 ing of the chemical, but that didn’t justify Gold Medal to a great American, Mr. Francis against Battelle managers for covering up firing him, Abernethy’s report said. Termi- Albert Sinatra. Or, as the entire world knows the lab fraud reported by Laul. nation ‘‘is a rather harsh and unprecedented him, Frank Sinatra. I also wish to commend The confidential reports were obtained punishment for a senior scientist that has under the Freedom of Information Act. had a distinguished 15-year career at PNL,’’ my colleague, Mr. SERRANO of New York, for Battelle improperly modified a $210,000 he added. all his efforts on behalf of this legislation. piece of lab equipment, fired Laul and then The inspector general later agreed, saying Aside from the fact that while growing up lied to the Energy Department in a cover-up, Laul’s complaints to DOE about the lab Frank Sinatra was my total hero, and I des- the inspector general’s investigation found. equipment led directly to his firing. perately wanted him to marry my sister so I May 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E837 could be related to him, Frank Sinatra helped Members of the student chapter of the Society he played. ``All I can say is I play from the define America for the rest of the world. He of Hispanic Professional Engineers were able heart,'' he has said. was the epitome of the American dream, rising to enhance their professional college ca- On May 7, the National Cleveland Style from modest surroundings to become the big- reersÐ185 of the top engineering corporations Polka Hall of Fame will salute Johnny Vadnal gest recording artist in the world. Although he and government agencies were present and upon his retirement. Mr. Speaker, we are rich- was not a scholar, his impact on our national recruiting talented Latino student Latino cor- er as a nation and more civilized as a people culture was enormous. And, it was a very porate America. The conference also supplied for Johnny's contribution to the culture. positive impact. Frank became as identified entertainment for the participating students with America as ``mom and apple pie.'' which included a gala reception where com- f Everyone knows about Frank Sinatra's suc- pany executives and students mingled for an IN HONOR OF OFFICER ANTONIO cess as an entertainer. He made hundreds of evening of celebration. NARDINI AND HIS FELLOW PO- hit records, was awarded three Oscars, re- NTC '97 played an essential role in the fu- LICE OFFICERS: MAKING A DIF- ceived seven Grammys, a Peabody Award, tures of these Hispanic students. Conferences FERENCE EVERY DAY IN THE and an Emmy. But many people don't know of this type augment the possibility for NJIT LIVES OF THE RESIDENTS OF that he was also a great philanthropist and hu- students to become involved with important BAYONNE manitarian. They may not know about this side members of the professional world. They have of Frank Sinatra because of his modest nature the opportunity to pursue internships or em- and the quiet way he went about helping oth- ployment in their prospective careers. Finally HON. ROBERT MENENDEZ ers. I know how often Frank Sinatra helped NJIT has received its deserved national rec- OF NEW JERSEY friends in need and total strangers. He contrib- ognition for their achievements in competing IN THE HOUSE OF REPRESENTATIVES uted his name, time, and money to many, against schools in various regions of our coun- Monday, May 5, 1997 many worthwhile causes never desiring credit try. or recognition. But his generosity is legendary I ask my colleagues to join me in recogniz- Mr. MENENDEZ. Mr. Speaker, I rise to pay among those who know him. That is why he ing the outstanding work of the Society of His- tribute to a truly special gentleman, Police Of- was honored with some of the Nation's most panic Professional Engineers and those indi- ficer Antonio Nardini of Bayonne, NJ. Officer prestigious humanitarian awardsÐthe Presi- viduals being honored at its annual gala. The Nardini's extraordinary efforts will be recog- dential Medal of Freedom, the Academy of victorious College Bowl Team members serve nized during the 1997 Make a Difference Day Arts and Sciences' Jean Hersholt Humani- as excellent examples for other members of Awards ceremony in Arlington, VA. tarian Award, the Life Achievement Award of the Hispanic Organization of Students in Tech- The awards presentation will celebrate the the NAACP, and many others. In my commu- nology to follow. I commend their accomplish- contributions of 11 unique individualsÐinclud- nity of Palm Springs, Frank Sinatra contributed ments and am delighted with their progress in ing Officer NardiniÐchosen from more than 1 generously to so many causes, including the the engineering field. million people, from all over the Nation, who participated in USA Today's Make a Dif- creation of the Martin Anthony Sinatra Medical f Education Center in honor of his father. ference Day on October 26, 1996. Anyone Mr. Speaker, it is my great honor to know IN HONOR OF JOHNNY VADNAL who knows Officer Nardini is not surprised that Frank Sinatra, and I am proud to consider him he would be included in this elite group. His a friend and inspiration. We are honoring a HON. DENNIS J. KUCINICH work as a Drug Abuse Resistance Education [DARE] Officer has positively affected the lives truly great American. OF OHIO of countless young people in Bayonne. When f IN THE HOUSE OF REPRESENTATIVES the idea for this ambitious hunger reduction IN HONOR OF THE STUDENT CHAP- Monday, May 5, 1997 project came to Officer Nardini, local school- TER OF THE SOCIETY OF HIS- Mr. KUCINICH. Mr. Speaker, I rise to honor children were naturally inspired to pitch in and PANIC PROFESSIONAL ENGI- the lifetime achievement of Johnny VadnalÐ make a difference themselves. NEERS band leader, master of the accordion, and The road which has led Officer Nardini to Cleveland's Polka King. this special acknowledgment began on 23d HON. ROBERT MENENDEZ Johnny Vadnal and his familyÐmother, Street in his hometown of Bayonne where he OF NEW JERSEY Anna; brothers, Tony, Frankie, and Richie; witnessed numerous people awaiting food dis- IN THE HOUSE OF REPRESENTATIVES and sister, ValeriaÐbrought the joys and tributions outside a local church. Upon closer rhythms of polka music to Cleveland and the inspection, Officer Nardini surmised that there Monday, May 5, 1997 country for the past 50 years. were indeed a number of community food Mr. MENENDEZ. Mr. Speaker, I rise today Johnny was the first polka band leader in pantries struggling to provide for their needy to pay tribute to the student chapter of the So- the country to have his own television show in constituencies. This dire situation was a call to ciety of Hispanic Professional Engineers, a major market. From 1949 to 1961, the action for Officer Nardini and his fellow officers which garnered first place at the National Aca- Vadnals performed every Sunday afternoon at to volunteer their time to help ease the situa- demic Olympiad. The four triumphant team 1 o'clock on WEWS channel 5 in Cleveland. tion. They promptly installed a collection bin in members will be honored by the Hispanic Or- In the late 1940's and early 1950's, the their precinct, setting the example which many ganization of Students in Technology at the Vadnals played six nights a week. Johnny and then followed, including city hall, the housing Fifth Annual Gala Banquet at Campino Res- his band were regulars at all the famous es- authority, senior citizens complexes, and every taurant in Newark, NJ. tablishments including the Superior Ballroom, library in town. The event celebrates the accomplishments Twilight Gardens, Aragon Ballroom, and the USA Today Weekend held its annual Make of the New Jersey Institute of Technology's Bowl Ballroom. Johnny was so popular at the a Difference Day October 26, 1996. With [NJIT] victorious College Bowl Team. The Bowl Ballroom that not even Louis Prima drew Thanksgiving less than a month away, it gave team was composed of four engineering ma- a crowd like Johnny could. people an opportunity to give thanks for all jors: Rene J. Yandun, Fernando Teixeria, At the height of his popularity, Johnny cap- they have by helping others in need. On that Pablo O. Delgado Jr., and Aldo Nina. This Na- tivated 64,000 baseball fans at Cleveland Sta- morning, 7,500 children from 17 local elemen- tional Academic Olympiad, held during the Na- dium when he introduced ``The Baseball tary schools, along with other volunteers from tional Technical and Career Conference Polka'' in 1950. Recording for RCA Victor, corporate, union, and civic groups, took up the [NTCC] in Philadelphia, is a prestigious edu- Johnny's biggest hits were the ``Yes, My Dear'' challenge of helping those less fortunate than cational event sponsored by the companies waltz, which sold 50,000 copies in its first themselves. They joined Officer Nardini and such as Hewlett Packard, Kodak, Lucent week, ``Two-Timing You,'' ``The Slap Happy his fellow officers going door to door, collect- Technologies, Amoco, Motorola, and Texas In- Polka,'' ``The Prairie Polka,'' ``The Mountain ing food donations that were loaded onto struments. Climber,'' ``No Beer on Sunday,'' ``Blame in on trucks which were donated by the city of Ba- A series of valuable workshops were avail- the Waltz,'' ``Clap Hands Polka,'' and his yonne. At day's end, 22 trucks were brimming able at the conference, such as ``The Aca- theme song, ``The Wayside Polka.'' In 1983, with donations, and helped save the Thanks- demic Stress'', ``Student and Professional Johnny wrote ``My Alice Waltz'' for his wife, giving holiday for many families in need. Some Workshop'', ``Creating Solutions for a Chang- and it was named polka song of the year. of the day's harvest was distributed to food ing World'', and ``Improving your College Ca- Johnny`s prodigious talent was matched pantries in the community, to help them with reerÐMaking yourself more Marketable''. only by the passion and sincerity with which their good work. E838 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 1997 It is an honor to have an exceptional person His work as a businessman, artist, and phi- Mr. Hwang devoted his career to writing in like Officer Antonio Nardini residing in my dis- lanthropist has made him a leader in the the cause of liberty. He was born in Beijing, trict. He exemplifies the true meaning of com- music industry for many years. In 1988 his po- and became a journalist at the age of 18. Dur- munity service. I am certain my colleagues will sition became official, as he became the Re- ing World War II, he fought against the Japa- join me in recognition of this remarkable gen- cording Academy's president and CEO. Next nese occupation of Burma alongside England tleman. week the University of Southern California will and the United States. He was one of a small f award him with a Doctor of Music degree dur- number of brave soldiers who survived that ing their commencement ceremonies. This conflict. A TRIBUTE TO MICHAEL GREENE kind of honor is fitting for an individual that In 1944, Mr. Hwang was a cofounder of has done so much for his country, and his Newsdom Weekly, one of the leading anti- HON. BRAD SHERMAN passionÐmusic. I am privileged to represent Communist magazines published in the Far OF CALIFORNIA such an individual and look forward to working East. By 1950, it was the first Chinese maga- IN THE HOUSE OF REPRESENTATIVES with him in the future. zine published in both Chinese and English. Monday, May 5, 1997 f Mr. Hwang was a central member of a group of writers and journalists who met with Presi- Mr. SHERMAN. Mr. Speaker, I rise today in TRIBUTE TO BISHOP G.E. dent Chiang Kai-shek and helped to formulate honor of an outstanding individual, Michael PATTERSON policy regarding mainland China. Greene. Mr. Greene has led a truly remark- Mr. Hwang was a widely read individual, a able life, in which he has utilized his passion HON. HAROLD E. FORD, JR. renaissance man, with a sharp intellect and a for music in the realms of business, philan- OF TENNESSEE crisp writing style. When he retired in the late thropy, and education. IN THE HOUSE OF REPRESENTATIVES 1970's, he traveled back and forth between While completing his degrees in business his home in Hong Kong and his children's Monday, May 5, 1997 and marketing Michael began his career as a homes in the United States. He is survived by recording artist and producer. In a few years Mr. FORD. Mr. Speaker, I rise today to daughters, Margaret Wong, Rose Wong, and he became President and CEO of Apogee Re- honor Gilbert Earl Patterson, Bishop in the Cecilia Wong of Shaker Heights; son, George cording Studios where he managed 5 publish- Church of God in Christ, and Pastor of both Wong of Rocky River, and nine grandchildren. ing companies containing over 5,000 song ti- the Temple of Deliverance Church and Bounti- He will be missed by all who knew him and tles. He then entered into the cable television ful Blessings Church in Memphis, TN. who read his work. industry, where he founded the Nation's first Recognized as one of the foremost preach- f video music network, the Video Music Chan- ers in the world, Bishop Patterson preaches nel. He would later assume the position of every Sunday to a congregation of over IN HONOR OF BENZION KLATZKO: vice president of Crawford Post Productions, 11,000 members, and to an international tele- A DISTINGUISHED GENTLEMAN helping turn his small company into a leader vision audience on Black Entertainment Tele- MAKING A DIFFERENCE TO HIS in the field of video and film properties. While vision and the Turner Broadcasting Network. COMMUNITY Michael was extremely busy and successful in Through his enlightening and uplifting ser- his work, he always made time to give back to mons, Bishop Patterson provides spiritual sus- HON. ROBERT MENENDEZ his community. tenance to tens of thousands of congregants OF NEW JERSEY Throughout his career Michael has acted as and millions of television viewers and radio lis- IN THE HOUSE OF REPRESENTATIVES a steward of music and the arts, especially in teners around the world. Monday, May 5, 1997 regard to their continued presence in Ameri- Bishop Patterson has had a distinguished ca's schools. In this era of shrinking budgets, career as a minister. He was born in Memphis Mr. MENENDEZ. Mr. Speaker, I rise today musical education has increasingly been and lived in Detroit throughout most of his to pay tribute to an exceptional gentleman, viewed as a nonessential element in primary teen years. He began his vocation in 1957 at Rabbi Benzion Klatzko. Rabbi Klatzko and the and secondary education, making it one of the the young age of 17 and continued from 1962 officers of the Congregation Shaarey Tefiloh areas hit hardest by cutbacks. Michael has led to 1975 as copastor of Holy Temple Church of will have their installation celebrated at a several efforts to reverse this trend and to pro- God in Christ in Memphis. In 1975, he found- brunch reception to be held in Perth Amboy, mote music education. He was a cofounder of ed Temple of Deliverance. In addition to his NJ. the National Coalition for Music Education service to the people as a minister, Bishop Rabbi Klatzko was born in Cincinnati, OH, which works to empower communities around Patterson is also a scholar and published writ- to Dr. Naftoli and Judy Klatzko. Under the the Nation to take the necessary steps on the er. He attended LeMoyne-Owen College in guidance of his loving parents, Rabbi Klatzko local level to ensure that music and the arts Memphis, the Detroit Bible Institute and holds grew up in a home that became a symbol to will continue to be taught in their local schools. an honorary doctorate from Oral Roberts Uni- the community of Chesed and Hachnosas He was also the founder of National Arts Ad- versity. He is a contributing writer to the Spirit Orchim. This early family experience enabled vocacy Day which sought to bring congres- Filled Bible. Rabbi Klatzko to pass on his love of faith to sional attention to the elimination of arts edu- On Wednesday, April 30, Bishop Patterson the members of the congregation he now cation. was honored by his congregation in Memphis, serves. Michael has worked extensively on the local TN. Bishop Patterson's commitment to his fel- The pursuit of knowledge has always been level where, largely due to his work, the num- low man and to the common good have had important to Rabbi Klatzko. While a young ber of secondary music programs has doubled a tremendous impact on my life. I consider man in Cleveland, OH, Rabbi Klatzko attended in the Los Angeles Unified School District him a confidant and a friend, Mr. Speaker. the Hebrew Academy of Cleveland under the since 1991. It seems Michael takes to heart That is why I ask you and my colleagues in leadership of Rabbi Nochum Dessler, as well the following observation by Joseph Addison: the U.S. House of Representatives to join me as Telshe Yeshiva High School where he ben- ``A man that has a taste of music, painting, or in honoring this giant of a preacher, paragon efited from the tutelage of Rabbi Mordecai architecture, is like one that has another of inspiration, and decorated soldier of the Gifter. After attending both Basis Medrash and sense.'' Indeed Michael's legacy will be the cloth, Bishop Gilbert Earl Patterson. the Center for Rabbinic Leadership, Rabbi appreciation and enjoyment of the arts in chil- f Klatzko was ordained by Rabbi Avrohom dren that might otherwise never have known Blumenkrantz at the Anshei Chemed in Far the genius of Mozart or Van Gogh. IN MEMORY OF HWANG MIEN LIN Rockaway, NY, in a Simicha ceremony, and Michael's fortitude and conviction led him to subsequently also ordained at the Mirrer Ye- be one of the first within the musical commu- HON. DENNIS J. KUCINICH shiva in Brooklyn by Rabbi Shumel nity to take a vocal stance against the scourge OF OHIO Berenbaum and Rabbi Shraga Moshe of drug abuse among musicians. He created IN THE HOUSE OF REPRESENTATIVES Kalmanowitz. ``Substance Abuse in Music: an Industry Inter- Children and family have continued to be a vention,'' and has encouraged higher stand- Monday, May 5, 1997 major theme throughout Rabbi Klatzko's life. ards in the fight against drugs. His efforts Mr. KUCINICH. Mr. Speaker, I rise to honor Married to the former Shoshana Juravel on were made in hope of diminishing the glorifi- Hwang Mien Lin, an influential journalist, pub- June 30, 1988, Rabbi and Mrs. Klatzko's joyful cation of substance abuse in the music indus- lisher, and author from China and Cleveland, union has produced five children; Yitzchok, try. OH. Sholom Yedidya, Shira Sarah, Avi, and Elisha. May 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E839 The characteristically selfless Rabbi Klatzko WELFARE REFORM TECHNICAL IN HONOR OF BAYONNE ELKS has organized and financed a learning pro- CORRECTIONS ACT OF 1997 LODGE 434: PROUD PARTICI- gram for children of yungeleit, and opened a PANTS IN ELKS NATIONAL YOUTH WEEK summer day camp for secular boys in San SPEECH OF Jose, CA. It is Rabbi Klatzko's wish that he can some day serve a congregation in Israel. HON. JIM McCRERY He has a tremendous interest in leading and HON. ROBERT MENENDEZ OF LOUISIANA teaching a growing Jewish community. OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES It is an honor to have such an outstanding IN THE HOUSE OF REPRESENTATIVES community leader and caring individual be- Tuesday, April 29, 1997 come a resident of my congressional district. Monday, May 5, 1997 Rabbi Klatzko is a man of great conviction. I Mr. McCRERY. Mr. Speaker, I appreciate Mr. MENENDEZ. Mr. Speaker, I rise today am certain my colleagues will rise with me and the opportunity to express my views on one to pay tribute to an exceptional organization, honor this remarkable gentleman. particular provision of the technical corrections the Bayonne Elks Lodge 434 as they partici- bill before us today. This provision has to do f pate in this year's Elks National Youth Week. with the eligibility of children for SSI benefits, A group of 30 young people will take part in EPISCOPAL HEALTH SERVICES: A and changes made in determining eligibility in an awards luncheon to be held at the Elks MODEL OF SERVICE accordance with last year's welfare reform Lodge 434 in Bayonne. law. Public Law 104±193; current law defines HON. EDOLPHUS TOWNS the period for the Social Security Administra- The Benevolent and Protective Order of tion [SSA] to make childhood medical deter- Elks, Bayonne Elks Lodge 434 is an organiza- OF NEW YORK minations to 1 year following enactment of the tion committed to active involvement in the IN THE HOUSE OF REPRESENTATIVES welfare reform law. That is, eligibility redeter- lives of community residents in the town of Monday, May 5, 1997 minations need to be made in required cases Bayonne. During their long history, the selfless by no later than August 22, 1997. However, efforts of these exceptional people have sup- Mr. TOWNS. Mr. Speaker, I am pleased to ported such diverse groups as veterans of all highlight the grand opening and dedication of there may be some cases inadvertently missed during that period. Such children could wars and handicapped children. Additionally, the Bishop B. Hucles Nursing Home in Brook- the Bayonne Elks Lodge 434 has promoted lyn on May 8, 1997. The nursing home will be be discovered during a continuing disability re- view or other file review after August 22, 1997. youth oriented causes related to drug aware- part of Episcopal Health Services, Inc. [EHS]. ness and annually holds a special youth day EHS is a not-for-profit organization dedi- SSA argues that these cases, once discov- ered, could be subject to the medical improve- in recognition of the contributions of high cated to providing a continuum of quality school seniors to Bayonne. health care services through hospitals, long- ment standard rather than applying the new term facilities, and primary care centers from eligibility criteria. This would result in the con- I believe that the best way to ensure the fu- inner-city Brooklyn and Queens to Suffolk and tinuation of benefits to children who did not ture prosperity of our great Nation is to pro- Nassau Counties. For almost 150 years, the meet the new eligibility criteria. vide our young people with the broadest pos- Episcopal Diocese of Long Island has over- I disagree with this interpretation. sible experiences from which they can learn and grow. Elks National Youth Week is a time seen EHS as it set the standard for Congress intended that all children affected when this philanthropic organization recog- communhity based care in the region. Today, by these changes would be redetermined nizes the achievements and contributions of EHS is one of the 10 largest healthcare orga- using the new eligibility criteria and not the our young adults. The Bayonne Elks Lodge nizations in New York State. medical improvement standard. The time pe- 434, by holding their yearly youth day, affords The Bishop Henry B. Hucles Nursing Home riod for redetermination contained in Public high school seniors the chance to witness the is located only a few blocks east of the Homes Law 104±193 was included solely for the pur- governmental process firsthand. Students are for the Aged and Blind, and will continue the pose of forcing the Social Security Administra- assigned positions within city government, tradition of community service and individual- tion to make an expeditious completion of the sworn into their positions, and tour Bayonne ized care by providing a new home for all of redetermination of eligibility for all affected City Hall with the corresponding city official. the current residents of Homes for the Aged children. In fact, the record of the proceedings and Blind. This new facility will provide state- of the Ways and Means Committee will show Through their participation in the Bayonne of-the-art care for even more residents while that the Social Security Administration was di- Elks Lodge 434 Annual Youth Day, the young reaching out to others in the community rectly questioned as to the amount of time people being honored are well on their way to through day care activities and special pro- needed to complete the redeterminations. Due becoming our future leaders of tomorrow. grams. The Hucles Nursing Home will be able to the administration's delay in releasing im- Each person has worked during their school to accommodate 240 residents, will provide plementing regulations, the committee has de- careers and have overcome many obstacles. around the clock nursing care, serve as an cided to extend the period of time for SSA to They are the premier students in their respec- adult day care center, provide pastoral care, determine the eligibility of any child receiving tive high schools. The people of Bayonne will and an array of other services. SSI benefits on August 22, 1996, whose eligi- undoubtedly one day benefit from the talents I am delighted that the Bishop Henry B. bility may be affected by changes in the child- of these exceptional young men and women. Hucles Nursing Home will be available to serv- hood eligibility criteria from 12 to 18 months. I ask that my colleagues join me in applaud- ice patients sorely in need of care. I commend The committee expects SSA to comply with ing the outstanding efforts of the Bayonne Episcopal Health Services for its vision and the direction of the law, and will hold the Com- Elks Lodge 434. I am proud to have this ex- execution in developing this outstanding serv- missioner of Social Security fully responsible emplary organization working on behalf of the ice center. for noncompliance. residents of my congressional district. E840 CONGRESSIONAL RECORD — Extensions of Remarks May 5, 1997 SENATE COMMITTEE MEETINGS and Reducing Government Secrecy and to the Treaty on Conventional Armed Title IV of Senate Resolution 4, the recommendations of the report, in- Forces in Europe (CFE) of November cluding recommendations for legisla- agreed to by the Senate on February 4, 19, 1990, adopted at Vienna on May 31, tion to codify the classification system 1996 (‘‘the Flank Document’’) (Treaty 1977, calls for establishment of a sys- and enhance accountability. Doc.105-5), and other pending calendar tem for a computerized schedule of all SD–342 business. meetings and hearings of Senate com- Judiciary SD–419 mittees, subcommittees, joint commit- To hold hearings on S. 507, to establish 2:00 p.m. tees, and committees of conference. the United States Patent and Trade- Banking, Housing, and Urban Affairs mark Organization as a Government This title requires all such committees Business meeting, to mark up S. 462, to corporation, and to revise the provi- to notify the Office of the Senate Daily reform and consolidate the public and sions of title 35, United States Code, re- Digest—designated by the Rules Com- assisted housing programs of the Unit- lating to procedures for patent applica- mittee—of the time, place, and purpose tions, commercial use of patents, and ed States, and to redirect primary re- of the meetings, when scheduled, and reexamination reform. sponsibility for these programs from any cancellations or changes in the SD–226 the Federal Government to States and meetings as they occur. 2:00 p.m. localities. As an additional procedure along Commerce, Science, and Transportation SD–538 with the computerization of this infor- Science, Technology, and Space Sub- Judiciary mation, the Office of the Senate Daily committee To hold hearings on S. 191, to throttle Digest will prepare this information for To hold hearings on proposed legislation criminal use of guns. authorizing funds for the National SD–226 printing in the Extensions of Remarks Science Foundation and Technology 5:00 p.m. section of the CONGRESSIONAL RECORD Administration. Armed Services on Monday and Wednesday of each SR–253 Closed business meeting, to consider week. Judiciary pending military nominations. Meetings scheduled for Tuesday, May To hold hearings on pending nomina- SR–222 6, 1997, may be found in the Daily Di- tions. gest of today’s RECORD. SD–226 MAY 13 Select on Intelligence MEETINGS SCHEDULED To hold closed hearings on the nomina- 9:30 a.m. tion of George J. Tenet, of Maryland, Energy and Natural Resources MAY 7 to be Director of Central Intelligence. To hold hearings on S. 416, to extend the expiration dates of existing authorities 9:15 a.m. SH–219 and enhance U.S. participation in the Appropriations Labor, Health and Human Services, and MAY 8 energy emergency program of the Education Subcommittee 9:30 a.m. International Energy Agency, S. 417, to To hold hearings on proposed budget es- Appropriations extend energy conservation programs timates for fiscal year 1998 for cancer Military Construction Subcommittee under the Energy Policy and Conserva- research programs of the Department To hold hearings on proposed budget es- tion Act through September 30, 2002, of Health and Human Services. timates for fiscal year 1998 for Army and S. 186, to amend the Energy Policy SH–216 and defense military construction pro- and Conservation Act with respect to 9:30 a.m. grams. purchases from the Strategic Petro- Environment and Public Works SD–138 leum Reserve by entities in the insular Transportation and Infrastructure Sub- Energy and Natural Resources areas of the United States. committee To hold a workshop to examine competi- SD–366 To resume hearings on proposed legisla- tive change in the electric power indus- Indian Affairs tion authorizing funds for programs of try, focusing on the effects of competi- To hold oversight hearings on the imple- the Intermodal Surface Transportation tion on fuel use and types of genera- mentation of the Indian Employment, Efficiency Act of 1991, focusing on safe- tion. Training and Related Services Dem- ty issues and programs. SH–216 onstration Act of 1992 (P.L. 102-477). SD–406 Rules and Administration SR–485 Labor and Human Resources To resume hearings to discuss revisions 10:00 a.m. Business meeting, to mark up the pro- to Title 44, relating to the operations Commerce, Science, and Transportation posed Individuals with Disabilities of the Government Printing Office. To hold hearings on State pre-emption of Education Act Amendments of 1997, SR–301 and consider pending nominations. 10:00 a.m. TELCO. SD–430 Governmental Affairs SR–253 Small Business Oversight of Government Management, Re- 2:30 p.m. To hold hearings on the Small Business structuring and the District of Colum- Commerce, Science, and Transportation Administration’s finance programs. bia Subcommittee Aviation Subcommittee SR–428A To hold hearings to examine the Govern- To hold hearings to examine barriers to 10:00 a.m. ment’s impact on television program- entry at airports. Appropriations ming. SR–253 Defense Subcommittee SD–342 To hold hearings on proposed budget es- Judiciary MAY 14 timates for fiscal year 1998 for the De- Business meeting, to consider pending 9:30 a.m. partment of Defense. calendar business. Commerce, Science, and Transportation SD–192 SD–226 To hold hearings to examine program ef- Appropriations Commission on Security and Cooperation ficiencies at the Department of Defense Transportation Subcommittee in Europe and the National Science Foundation. To hold hearings on proposed budget es- To resume hearings to examine the proc- SR–253 timates for fiscal year 1998 for the De- ess to enlarge the membership of the partment of Transportation, focusing North Atlantic Treaty Organization Energy and Natural Resources on transportation infrastructure fi- (NATO). Business meeting, to consider pending nancing issues. SD–538 calendar business. SD–124 10:30 a.m. SD–366 Foreign Relations Commerce, Science, and Transportation 10:00 a.m. European Affairs Subcommittee Surface Transportation and Merchant Ma- Appropriations To hold hearings on the Administration’s rine Subcommittee Defense Subcommittee proposed budget request for fiscal year To hold hearings on proposed legislation To hold hearings on proposed budget es- 1998 for Central and Eastern Europe authorizing funds for hazardous mate- timates for fiscal year 1998 for the De- and the former Soviet Union. rials transportation. partment of Defense, focusing on envi- SD–419 SR–253 ronmental programs. Governmental Affairs Foreign Relations SD–192 To hold hearings to review the final re- Business meeting, to consider the Docu- port of the Commission on Protecting ment Agreed Among the States Parties May 5, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E841 MAY 15 MAY 20 partment of Health and Human Serv- 9:30 a.m. 9:00 a.m. ices. Commerce, Science, and Transportation Appropriations SD–430 To hold hearings to examine spectrum is- Interior Subcommittee 2:00 p.m. Energy and Natural Resources sues. To hold hearings on proposed budget es- Forests and Public Land Management Sub- SR–253 timates for fiscal year 1998 for the De- committee Veterans’ Affairs partment of the Interior. To hold a workshop on the proposed SD–124 To hold hearings to examine allegations ‘‘Public Land Management Respon- 10:00 a.m. of sexual harassment in the Depart- sibility and Accountability Act’’. ment of Veterans Affairs. Labor and Human Resources SD–366 SH–216 To hold hearings to examine the quality 10:00 a.m. of various health plans. JUNE 4 SD–430 Labor and Human Resources 10:00 a.m. To resume hearings on proposed legisla- Appropriations MAY 21 tion authorizing funds for programs of Defense Subcommittee the Higher Education Act. 9:30 a.m. To hold hearings on proposed budget es- SD–430 Indian Affairs timates for fiscal year 1998 for the De- 2:00 p.m. To hold oversight hearings on programs partment of Defense. Commerce, Science, and Transportation designed to assist Native American SD–192 Science, Technology, and Space Sub- veterans. committee SR–485 JUNE 11 To hold oversight hearings on staff 10:00 a.m. 10:00 a.m. reducations for fiscal year 1997 and 1998 Appropriations Appropriations for the National Weather Service. Defense Subcommittee Defense Subcommittee SR–253 To hold hearings on proposed budget es- To hold hearings on proposed budget es- Energy and Natural Resources timates for fiscal year 1998 for the De- timates for fiscal year 1998 for the De- Forests and Public Land Management Sub- partment of Defense, focusing on Air partment of Defense. committee Force programs. SD–192 To hold joint hearings with the House SD–192 Committee on Resources Subcommit- Judiciary JUNE 12 tee on Forests and Forest Health to re- To hold oversight hearings on the Fed- 9:30 a.m. view the Columbia River Basin Envi- eral Bureau of Investigation, Depart- Energy and Natural Resources ment of Justice. ronmental Impact Statement. To resume a workshop to examine com- SD–226 SD–366 petitive change in the electric power industry, focusing on the benefits and MAY 22 MAY 16 risks of restructuring to consumers 9:30 a.m. and communities. 10:00 a.m. Energy and Natural Resources SH–216 Labor and Human Resources To resume a workshop to examine com- To hold hearings to examine adult edu- petitive change in the electric power cation programs. industry, focusing on the financial im- POSTPONEMENTS SD–430 plications of restructuring. SH–216 MAY 6 Labor and Human Resources 10:00 a.m. Public Health and Safety Subcommittee Judiciary To hold hearings to review the activities To hold hearings to examine encryption of the Substance Abuse and Mental issues in the information age. Health Services Administration, De- SD–226 Monday, May 5, 1997 Daily Digest Senate Senate will continue consideration of the bill on Chamber Action Tuesday, May 6, 1997. Routine Proceedings, pages S3933–S3975 Messages From the President: Senate received the Measures Introduced: Six bills and three resolu- following messages from the President of the United tions were introduced, as follows: S. 691–696, S. States: Res. 82, and S. Con. Res. 24 and 25. Pages S3959±60 Transmitting, a report relative to the U.S. Com- Measure Passed: prehensive Preparedness Program; to the Committee National Peace Officers Memorial Day: Senate on Armed Services. (PM–32). Page S3959 agreed to S. Res. 79, to commemorate the 1997 Na- Messages From the President: Page S3959 tional Peace Officers Memorial Day. Page S3949 Messages From the House: Page S3959 Supplemental Appropriations: Senate began con- Communications: Page S3959 sideration of S. 672, making supplemental appro- priations and rescissions for the fiscal year ending Statements on Introduced Bills: Pages S3960±67 September 30, 1997, taking action on amendments Additional Cosponsors: Pages S3967±68 proposed thereto, as follows: Pages S3938±46 Amendments Submitted: Pages S3969±70 Adopted: Stevens Amendment No. 55, to adjust the rescis- Notices of Hearings: Page S3970 sion for the Theater High Altitude Area Defense Authority for Committees: Page S3970 program to the correct fiscal year of appropriations Additional Statements: Pages S3970±75 for Research, Development, Test and Evaluation, de- fense-wide. Page S3945 Adjournment: Senate convened at 12 noon, and ad- Stevens (for Ford/McConnell) Amendment No. 56, journed at 5:06 p.m., until 10 a.m., on Tuesday, to authorize the Secretary of Defense to enter into a May 6, 1997. (For Senate’s program, see the remarks lease of property for the Defense Finance and Ac- of the Acting Majority Leader in today’s Record on counting Service at Lexington Blue Grass Station, page S3975.) Lexington, Kentucky. Pages S3945±46 Pending: Grams/Johnson Amendment No. 54, to facilitate Committee Meetings recovery from the recent flooding across North Da- (Committees not listed did not meet) kota, South Dakota, and Minnesota by providing greater flexibility for depository institutions and their regulators. Pages S3940±45 NEW MEXICO STATEHOOD AMENDMENTS During consideration of this measure today, Senate Committee on Energy and Natural Resources: Committee also took the following action: concluded hearings on S. 430, to protect the perma- A motion was entered to close further debate on nent trust funds of the State of New Mexico from the bill and, in accordance with the provisions of erosion due to inflation and modify the basis on Rule XXII of the Standing Rules of the Senate, a which distributions are made from those funds, after vote on the cloture motion will occur on Wednes- receiving testimony from Phil Archibeck, New Mex- day, May 7, 1997. Page S3949 ico State Investment Council, Santa Fe.

D427 D428 CONGRESSIONAL RECORD — DAILY DIGEST May 5, 1997 House of Representatives Chamber Action Joint Meetings Bills Introduced: 3 public bills, H.R. 1529–1531, were introduced. Page H2168 EMPLOYMENT-UNEMPLOYMENT Reports Filed: One report, H.R. 584, a private bill, Joint Economic Committee: On Friday, May 2, commit- amended (H. Rept. 105–87) was filed today. tee held hearings on the employment-unemployment Page H2168 situation for April and its connection to current Fed- eral Reserve policy, receiving testimony from Kath- Speaker Pro Tempore: Read a letter from the arine G. Abraham, Commissioner, Bureau of Labor Speaker wherein he designated Representative Statistics, Department of Labor. Nethercutt to act as Speaker pro tempore for today. Committee recessed subject to call. Page H2159 f Guest Chaplain: The prayer was offered by the guest chaplain, the Reverend Dr. Ronald Christian COMMITTEE MEETINGS FOR TUESDAY, of Washington, D.C. Page H2159 MAY 6, 1997 Presidential Message—Weapons of Mass De- Senate struction: Read a letter from the President, received on Friday, May 2 by the Clerk, wherein he transmits (Committee meetings are open unless otherwise indicated) his report on the United States comprehensive readi- Committee on Appropriations, Subcommittee on VA, ness program for countering proliferation of weapons HUD, and Independent Agencies, to hold hearings on of mass destruction—referred to the Committees on proposed budget estimates for fiscal year 1998 for the National Aeronautics and Space Administration, 9:30 National Security and International Relations and or- a.m., SD–138. dered printed (H. Doc. 105–79). Page H2159 Subcommittee on Legislative Branch, to hold hearings Amendments: Amendments ordered printed pursu- on proposed budget estimates for fiscal year 1998 for the ant to the rule appear on page H2169. Joint Committee on Taxation, the Joint Economic Com- mittee, and the Joint Committee on Printing, 10 a.m., Referrals: S. 543, to provide certain protections to S–128, Capitol. volunteers, nonprofit organizations, and govern- Subcommittee on Foreign Operations, to hold hearings mental entities in lawsuits based on the activities of on proposed budget estimates for fiscal year 1998 for for- volunteers, was referred to the Committee on the Ju- eign assistance programs, focusing on Russia and the diciary and S.J. Res. 29, to direct the Secretary of Newly Independent States, 2 p.m., S–128, Capitol. the Interior to design and construct a permanent ad- Committee on Banking, Housing, and Urban Affairs, to dition to the Franklin Delano Roosevelt Memorial in hold hearings to examine issues with regard to the shred- Washington, D.C., was referred to the Committee ding of certain Holocaust era documents by the Union on Resources. Page H2166 Bank of Switzerland, 2 p.m., SD–538. Committee on Energy and Natural Resources, to hold hear- Senate Messages: Messages received from the Senate ings on the nomination of Elizabeth Anne Moler, of Vir- on Friday, May 2 by the Clerk appear on page ginia, to be Deputy Secretary of Energy, 9:30 a.m., H2159. SD–366. Quorum Calls—Votes: There were no quorum calls Committee on Foreign Relations, Subcommittee on Near Eastern and South Asian Affairs, to hold hearings to ex- or recorded votes during the proceedings of the amine who is responsible for arming Iran, 10 a.m., House today. SD–419. Adjournment: Met at 2 p.m. and adjourned at 3:11 Committee on the Judiciary, Subcommittee on Youth Vio- p.m. lence, to hold hearings to review the programs and man- dates of the Office of Juvenile Justice Delinquency Pre- vention, 2 p.m., SD–226. Committee Meetings Committee on Labor and Human Resources, Subcommittee VA-HUD-INDEPENDENT AGENCIES on Public Health and Safety, to hold hearings to examine APPROPRIATIONS public health issues, focusing on Centers for Disease Con- trol project grants for preventable health services, 9:30 Committee on Appropriations: On May 2, the Sub- a.m., SD–430. committee on VA, HUD, and Independent Agencies Select Committee on Intelligence, to hold hearings on the continued appropriation hearings. Testimony was nomination of George J. Tenet, of Maryland, to be Direc- heard from public witnesses. tor of Central Intelligence, 10 a.m., SH–216. May 5, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D429 Notice ance involving the Raggeds Wilderness, White River Na- tional Forest, Colorado, to correct the effects of earlier er- For a listing of Senate committee meetings scheduled ahead, see pages E840–41 in today’s Record. roneous land surveys; H.R. 1020, to adjust the land boundary of the White River National Forest in the State House of Colorado to include all National Forest System lands Committee on International Relations, to continue mark up within Summit County, Colorado, which are currently of H.R. 1486, Foreign Policy Reform Act, 5 p.m., 2172, part of the Dillon Ranger District of the Arapaho Na- Rayburn. tional Forest; H.R. 1439, a bill to facilitate the sale of Committee on Resources, Subcommittee on Fisheries Con- certain land in Tahoe National Forest in the States of servation, Wildlife and Oceans, hearing on the following California to placer County, California; and H.R. 79, measures: H. Res. 87, expressing the sense of the House Hoopa Valley Reservation South Boundary Adjustment of Representatives that the United States and the United Act, 10 a.m., 1324 Longworth. Nations should condemn coral reef fisheries that are Subcommittee on Water and Power, oversight hearing harmful to coral reef ecosystems and promote the devel- on Bureau of Reclamation Project financing, 2 p.m., opment of sustainable coral reef fishing practices world- 1324 Longworth. wide; H.R. 608, Marion National Fish Hatchery Convey- Committee on Rules, to consider the following: H.R. 478, ance Act; and H.R. 796, to direct the Secretary of the Flood Prevention and Family Protection Act of 1997; and Interior to make technical corrections to a map relating H.R. 3, Juvenile Crime Control Act of 1997, 1 p.m., to Coastal Barrier Resources System, 11 a.m., 1334 Long- H–313 Capitol. worth. Committee on Science, Subcommittee on Technology, Subcommittee on Forests and Forest Health, hearing hearing on ‘‘Technology in the Classroom: Panacea or on the following bills: H.R. 985, to provide for the ex- Pandora’s Box?’’ 2 p.m., 2318 Rayburn. pansion of the Eagles Nest Wilderness within Arapaho Committee on Ways and Means, Subcommittee on Social and White River National Forests, Colorado, to include Security, hearing on the Social Security Administration’s the lands known as the Slate Creek Addition upon the Website, 3 p.m., B–318 Rayburn. acquisition of the lands by the United States; H.R. 1019, Permanent Select Committee on Intelligence, executive, brief- to provide for a boundary adjustment and land convey- ing on Encryption, 2 p.m., H–405 Capitol. D430 CONGRESSIONAL RECORD — DAILY DIGEST May 5, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, May 6 12:30 p.m., Tuesday, May 6

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: Consideration of 1 Suspension, ation of S. 672, Supplemental Appropriations. H.R. 1463, Customs Service, U.S. Trade Representative, (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- and International Trade Commission Authorization; and spective party conferences.) Continue Consideration of H.R. 2, Housing Oppor- tunity and Responsibility Act (open rule).

Extensions of Remarks, as inserted in this issue

HOUSE Gingrich, Newt, Ga., E831 Payne, Donald M., N.J., E823 Goodling, William F., Pa., E825 Pryce, Deborah, Ohio, E826 Bono, Sonny, Calif., E836 Hall, Ralph M., Tex., E833 Rangel, Charles B., N.Y., E832 Capps, Walter H., Calif., E830 Hamilton, Lee H., Ind., E824 Roukema, Marge, N.J., E822 Clay, William (Bill), Mo., E830 Kaptur, Marcy, Ohio, E835 Sanchez, Loretta, Calif., E828 Davis, Thomas M., Va., E828 Kleczka, Gerald D., Wisc., E827 Serrano, Jose´ E., N.Y., E821, E823 Dingell, John D., Mich., E823 Kucinich, Dennis J., Ohio, E837, E838 Sherman, Brad, Calif., E833, E838 Dreier, David, Calif., E835 McCrery, Jim, La., E839 Skaggs, David E., Colo., E825 Ehlers, Vernon J., Mich., E827 McInnis, Scott, Colo., E828 Solomon, Gerald B.H., N.Y., E821, E822, E834 Eshoo, Anna G., Calif., E831 McKeon, Howard P. ‘‘Buck ’’, Calif., E825 Stark, Fortney Pete, Calif., E835 Everett, Terry, Ala., E830 Maloney, Carolyn B., N.Y., E821, E822 Towns, Edolphus, N.Y., E827, E839 Fawell, Harris W., Ill., E830 Menendez, Robert, N.J., E837, E838, E839 Visclosky, Peter J., Ind., E833 Forbes, Michael P., N.Y., E834 Moran, James P., Va., E826 Wolf, Frank R., Va., E829 Ford, Harold E., Jr., Tenn., E838 Murtha, John P., Pa., E828 Frank, Barney, Mass., E824 Packard, Ron, Calif., E825

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